| 25A909 |
William Hudson v. Delaware |
Delaware |
2026-02-12 |
Application |
|
criminal-procedure habeas-corpus judicial-review postconviction-relief pro-se-litigant state-court-review |
Question not identified. |
| 25-6789 |
Richard Brundige v. United States |
Second Circuit |
2026-02-11 |
Pending |
IFP |
circuit-split constitutional-law criminal-procedure gun-rights second-amendment statutory-interpretation |
Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment, either on its face or as applied. |
| 25-6791 |
David Sano-Perez, aka David Sanot Perez v. United States |
First Circuit |
2026-02-11 |
Pending |
IFP |
appellate-review criminal-procedure federal-rules harmless-error rule-60b sentencing-guidelines |
Whether a District Court's mere pronouncement at a criminal sentencing that it would have imposed the same sentence on a defendant without regard to t… |
| 25-6764 |
Jerry Lee Flores v. Texas |
Texas |
2026-02-10 |
Pending |
IFP |
criminal-procedure due-process jury-verdict misdemeanor-enhancement prior-conviction state-court |
"WHETHER PETITIONER HAD RECEIVED
"WHETHER THE STATE CAN REPLACE A JURY VERDICT WITHOUT HAVING ANOTHER JURY TRIAL?"
"WHETHER THE PETITIONER WAS DENI… |
| 25-6765 |
Willie M. Hardy, Jr. v. United States |
Fourth Circuit |
2026-02-10 |
Pending |
IFP |
body-worn-camera credibility-inference criminal-procedure due-process ineffective-assistance miranda-warning |
1. Whether a police officer's intentional and purposeful decision to keep the
audio turned off on his body-worn camera constitutes an inference again… |
| 25-6773 |
Devern Clemons, III v. Florida |
Florida |
2026-02-10 |
Pending |
IFP |
constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6756 |
Jacklin Cheramy v. United States |
Eleventh Circuit |
2026-02-09 |
Pending |
IFP |
criminal-procedure federal-statute predicate-offense recidivist-enhancement sentencing-guidelines state-conviction |
Whether, consistent with federal statute mandating the application of the United States Sentencing Guidelines in effect at the time of sentencing, a s… |
| 25-6740 |
David Leslie Culverhouse v. Texas |
Texas |
2026-02-06 |
Pending |
IFP |
constitutional-rights criminal-procedure due-process prosecutorial-discretion sixth-amendment venue-change |
Question not identified. |
| 25-6741 |
Kimberly Cannon v. Florida |
Florida |
2026-02-06 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure evidence-admissibility probation-violation search-and-seizure warrantless-search |
I. DOES EVIDENCE OBTAINED DURING A WARRANTLESS
SEARCH USED IN A PROBATION VIOLATION REVOCATION
PROCEEDING AND ALSO AS A BASIS FOR NEW LAW
VIOLATION… |
| 25-6742 |
Gezo Goeong Edwards v. United States |
District of Columbia |
2026-02-06 |
Pending |
IFP |
controlled-substance criminal-procedure due-process indictment-defect ineffective-assistance mens-rea |
1. Whether an indictment charging conspiracy to distribute a controlled substance under 21 USCS 846 and 841(a) fails to state an offense where it plac… |
| 25-6752 |
Jerome Moore v. Texas |
Texas |
2026-02-06 |
Pending |
IFP |
criminal-procedure digital-privacy electronic-device fourth-amendment probable-cause search-warrant |
Does a search warrant need to allege specific facts about a defendant's electronic device and his use of that device--and not merely allege facts abou… |
| 25-936 |
Nadarius Barnes v. United States |
Tenth Circuit |
2026-02-06 |
Pending |
|
appeal-waiver circuit-split criminal-procedure guilty-plea legal-challenge unconditional-plea |
Whether, by entering a guilty plea, a defendant waives his right to appeal his conviction on the basis that the conduct admitted does not constitute t… |
| 25-6731 |
Keith Lashon Bell v. United States |
Fourth Circuit |
2026-02-05 |
Pending |
IFP |
appellate-waiver consideration contract-law criminal-procedure judicial-interpretation plea-agreement |
Whether general contract principles, such as the requirement of consideration, and negotiated exclusive remedies, apply to the enforcement of appellat… |
| 25-6720 |
Demarred Ewing v. Illinois |
Illinois |
2026-02-04 |
Pending |
IFP |
constitutional-rights criminal-procedure defense-counsel evidence-investigation ineffective-assistance sentencing-mitigation |
Whether DeMarco Curae WS Sind Wis Ce\at do the 2 Vecthwe assistace oF Counscl ushice Wis Counsel Dale doa adequately coves Ani Siete's visto euidince … |
| 25-6699 |
Martin Gutierrez-Barba v. United States |
Ninth Circuit |
2026-02-03 |
Pending |
Response WaivedIFP |
3553(a)-factors appellate-review criminal-procedure judicial-discretion procedural-error sentencing |
Is urging a sentence recommendation lower than is ultimately imposed and grounding that recommendation in the 18 U.S.C. § 3553(a) factors, sufficient … |
| 25-6701 |
Eskender Getachew v. United States |
Sixth Circuit |
2026-02-03 |
Pending |
Response WaivedIFP |
circuit-split criminal-procedure defendant-presence jury-verdict sixth-amendment trial-court-duty |
Both the Constitution (through the Fifth and Sixth Amendments) and the Federal Rules of Criminal Procedure (Rule 43) provide that a defendant "must be… |
| 25-905 |
Andrew J. Johnston v. United States |
Seventh Circuit |
2026-02-02 |
Pending |
Response RequestedResponse Waived |
appellate-review criminal-procedure final-sentence motion-denial sentence-reduction sentencing-factors |
1. Whether an appeal from an order partially denying a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction is an appeal from "an ot… |
| 25A858 |
Dawn Marie Guevara v. United States |
Ninth Circuit |
2026-01-30 |
Application |
|
confrontation-clause constitutional-rights criminal-procedure evidence-admission harmless-error sixth-amendment |
Question not identified. |
| 25-6662 |
Pierre Burns v. United States |
Sixth Circuit |
2026-01-29 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure defense-of-mistake first-amendment sixth-amendment statutory-interpretation |
1. Whether the District Court's prohibition against presenting a defense of mistake of age in a case arising under 18 U.S.C. § 225l(a) created a viola… |
| 25-6665 |
Tra'ven Boyer-Letlow v. United States |
Sixth Circuit |
2026-01-29 |
Pending |
Response WaivedIFP |
arrest-seizure constitutional-violations criminal-procedure due-process miranda-rights probable-cause |
1. Given the absence of probable cause to arrest here, and/or the right to seize, and/or the right to shackle here (and detain and the like, as was do… |
| 25-6667 |
Alexis D. Negrón-Cruz v. United States |
First Circuit |
2026-01-29 |
Pending |
Response WaivedIFP |
criminal-procedure due-process ex-parte-communication fifth-amendment neutral-arbiter probation-revocation |
Does a district court violate the Fifth Amendment's neutral-and-detached-arbiter requirement, as recognized in Morrissey, when it engages in ex parte … |
| 25-6670 |
Charles Victor Thompson v. Texas |
Texas |
2026-01-27 |
Denied |
IFP |
autopsy-report confrontation-clause criminal-procedure due-process medical-evidence sixth-amendment |
Did the Texas Court of Criminal Appeals err when it failed to apply this Court's holdings in Smith v. Arizona, 602 U.S. __ (2024) and Crawford v. Wash… |
| 25-6659 |
Anthony Allen v. Debra B. Walker, Justice, Appellate Court of Illinois, First District, et al. |
Illinois |
2026-01-23 |
Pending |
IFP |
appellate-jurisdiction criminal-procedure final-order mandamus-statute nolle-prosequi summary-dismissal |
I. Whether the Appellate Court Did Have Jurisdiction to Consider Notice of Appeal, When the Circuit Court Did Not Follow the Mandamus Statute For Summ… |
| 25-6663 |
Richard Kirkland Johnson v. United States |
Fourth Circuit |
2026-01-23 |
Pending |
Response WaivedIFP |
constructive-possession criminal-law criminal-procedure firearm-possession knowledge-inference temporary-occupancy |
Whether the mere presence of a firearm s in a bag on a shelf in a residence is sufficient to presume a defendant's knowledge and constructive possessi… |
| 25-884 |
Dontae Terrell Moore v. Texas |
Texas |
2026-01-23 |
Pending |
Response RequestedResponse Waived |
criminal-procedure false-testimony habeas-corpus materiality-standard prosecutorial-misconduct texas-criminal-appeals |
Whether the Court should grant certiorari, vacate the TCCA's judgment, and remand to apply the correct "materiality" standard for false and misleading… |
| 25-6653 |
Randy Campos v. United States |
Fifth Circuit |
2026-01-22 |
Pending |
Response WaivedIFP |
appellate-review criminal-procedure district-court sentencing-factors statutory-interpretation supervised-release |
Did the district court obviously err by considering the retributive factors under 18 U.S.C. § 3553(a)(2)(A), in violation of Esteras v. United States,… |
| 25-6654 |
Kyle Shirakawa Handley v. Christopher Pierce, Warden |
Ninth Circuit |
2026-01-22 |
Pending |
IFP |
california-law criminal-procedure due-process notice-requirement sentencing-enhancement sixth-amendment |
1. Does the California Supreme Court's 1936 holding that a defendant's right to notice does not apply to facts which merely "increase the penalty" vio… |
| 25-871 |
Glenn Allen Brooks v. United States |
District of Columbia |
2026-01-22 |
Pending |
Response Waived |
appellate-rights burdick-precedent criminal-procedure due-process fifth-amendment presidential-pardon |
1. Whether a Presidential pardon automatically moots a pending appeal when the defendant has clearly expressed his intent to reject or refuse the pard… |
| 25-6635 |
Jose Amaury Sanchez-Jimenez v. United States, et al. |
First Circuit |
2026-01-21 |
Pending |
Response WaivedIFP |
criminal-procedure federal-tort-claims-act fourth-amendment malicious-prosecution probable-cause superseding-indictment |
A. Chiaverini v. City of Napoleon, 602 U.S. 556 (2024) held that the presence of probable cause for one charge in a criminal proceeding does not categ… |
| 25-6623 |
Hamed Kian v. Florida |
Florida |
2026-01-20 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6631 |
Juan Jose Zarate Sanchez v. Texas |
Texas |
2026-01-20 |
Pending |
IFP |
criminal-procedure due-process impartial-jury jury-selection sixth-amendment voir-dire |
Whether due process and the Sixth Amendment right to an impartial jury are violated when the prosecution conducts panel-wide voir dire using a series … |
| 25-863 |
G'Ante Butler v. United States |
Tenth Circuit |
2026-01-20 |
Pending |
Response Waived |
assault-definition circuit-split criminal-procedure federal-criminal-law officer-safety statutory-interpretation |
Whether 18 U.S.C. § 111(b) is violated only by forcibly assaulting a federal officer, or may be violated by forcibly resisting, opposing, impeding, in… |
| 25A826 |
Marco Antonio Naranjo-Aguilar v. United States |
Tenth Circuit |
2026-01-20 |
Application |
|
court-of-appeals criminal-procedure federal-conviction procedural-challenge sentencing-review tenth-circuit |
Question not identified. |
| 25-6600 |
Naveed Rasheed Shike v. United States |
Fifth Circuit |
2026-01-16 |
Pending |
Response WaivedIFP |
criminal-indictment criminal-procedure evidence-suppression judicial-review legal-dismissal suppression-motion |
I. Whether Shike's suppression motion should have been granted?
II. Whether Shike's indictment should have been dismissed? |
| 25-6602 |
In Re Derrick L. Johnson |
|
2026-01-16 |
Pending |
IFP |
constitutional-violation criminal-procedure due-process federal-review habeas-corpus state-court |
Question not identified. |
| 25-6607 |
Kevin Esaud Perez Rojas v. Florida |
Florida |
2026-01-16 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6595 |
Hugo Ivan Macias-Ordonez v. United States |
Fifth Circuit |
2026-01-15 |
Pending |
Response WaivedIFP |
apprendi-rule constitutional-interpretation criminal-procedure prior-convictions sixth-amendment stare-decisis |
The Sixth Amendment guarantees the right "to be informed of the nature and cause of the accusation." U.S. Const. amend. VI. "[F]act[s] that increase[]… |
| 25-847 |
Alabama v. Brandon Dewayne Sykes |
Alabama |
2026-01-15 |
Pending |
|
constitutional-law criminal-procedure due-process griffin-error prosecutorial-comment self-incrimination |
1. Whether courts must reverse for Griffin error without examining a prosecutor's comment in context and without finding prejudice.
Or the Court shou… |
| 25-6581 |
Michael David Dunn v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2026-01-14 |
Pending |
Response WaivedIFP |
AEDPA criminal-procedure federal-review habeas-corpus self-defense sufficiency-of-evidence |
1. What is the standard of review for a federal habeas court for analyzing a sufficiency-of-the evidence claim under the Anti-Terrorism and Effective … |
| 25-6583 |
John Hotaling v. United States |
Second Circuit |
2026-01-14 |
Pending |
Response WaivedIFP |
breach-of-contract criminal-procedure due-process plea-agreement santobello-standard sentencing-guidelines |
Whether the government breaches a plea agreement, and violates due process under Santobello v. New York, 404 U.S. 257 (1971), when it enters into an a… |
| 25-6584 |
Leihinahina Sullivan v. United States |
Ninth Circuit |
2026-01-14 |
Pending |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment judicial-misconduct prosecutorial-misconduct sixth-amendment |
(1) Whether Standley Counsel Richard Hoke Violated Sullivans waht +0 eelt vepresentahon when he filed a Nohcee of Tntent that =) to Judge wt. Michael … |
| 25-833 |
Duane Letroy Berry v. United States |
Fourth Circuit |
2026-01-14 |
Pending |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
civil-commitment congressional-power constitutional-limits criminal-procedure due-process federal-custody |
Whether 18 U.S.C. § 4246(a) exceeds the constitutional limits of Congress's powers insofar as it permits the federal government to civilly commit a pe… |
| 25A819 |
Ashton J. Ryan, Jr. v. United States |
Fifth Circuit |
2026-01-14 |
Application |
|
attorney-client-privilege certiorari criminal-procedure fifth-circuit statutory-interpretation supreme-court-review |
Question not identified. |
| 25-6555 |
Fredrick Dontae Slade v. United States |
Fourth Circuit |
2026-01-13 |
Pending |
IFP |
appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement |
1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 25-6560 |
Tony Daniel Klein v. United States |
Ninth Circuit |
2026-01-13 |
Pending |
Response WaivedRelisted (2)IFP |
confrontation-clause constitutional-defense criminal-procedure evidence-exclusion sixth-amendment witness-bias |
Does a court violate a criminal defendant's constitutional right to present a defense by excluding the strongest evidence supporting the sole theory o… |
| 25-6571 |
Maxo Casseus v. Florida |
Florida |
2026-01-13 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25A812 |
Jesus Herrera-Salazar v. United States |
Tenth Circuit |
2026-01-13 |
Application |
|
court-appointed-counsel criminal-conviction criminal-procedure federal-appeal tenth-circuit writ-of-certiorari |
Question not identified. |
| 25A803 |
Henry Wade v. United States |
Eleventh Circuit |
2026-01-12 |
Application |
|
constitutional-violation criminal-procedure due-process jury-trial prosecutorial-misconduct structural-error |
Whether the Petition presents multiple preserved structural constitutional questions of exceptional national importance, including: constructive amend… |
| 25-6521 |
Romeo Valentin Sanchez v. United States |
Eleventh Circuit |
2026-01-09 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure ineffective-assistance-of-counsel judicial-review plea-bargaining sentencing-exposure |
1. May a conviction be overturned if Counsel gave erroneous advice regarding a sentence exposure that induced Petitioner to reject a favorable plea of… |
| 25-6533 |
Arthur Raffy Aslanian v. United States |
Ninth Circuit |
2026-01-09 |
Pending |
IFP |
appeal-waiver appellate-rights criminal-procedure due-process fifth-amendment post-trial-agreement |
Whether a post-trial waiver of appeal is unknowing and involuntary, and therefore invalid under the Fifth Amendment, where petitioner was not fully ad… |
| 25-816 |
Kenneth R. Spirito v. United States |
Fourth Circuit |
2026-01-09 |
Pending |
Response Waived |
brady-violation criminal-procedure due-process evidence-suppression habeas-corpus prosecutorial-misconduct |
Under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, prosecutors have an obligation to disclose evidence favorable to the accused, either bec… |
| 25-6524 |
Aderito Patrick Amado v. United States |
First Circuit |
2026-01-08 |
Pending |
Response WaivedIFP |
collective-knowledge-doctrine criminal-procedure drug-trafficking evidence-suppression police-investigation traffic-stop |
1. Following a months-long investigation into drug trafficking and while preparing to search an apartment within a large apartment complex, police obs… |
| 25-6525 |
Bryant Calloway v. United States |
Third Circuit |
2026-01-08 |
Pending |
Response WaivedIFP |
criminal-procedure legal-ethics model-rules professional-conduct prosecutorial-ethics sanctions |
Is requesting, For sanctions inapplicable in criminal Proceedings when an or violates the Model Rules i professiona| Con uct ?
Tin requesting that so… |
| 25-6499 |
Nycole Amaury Rosario Sanchez v. United States |
First Circuit |
2026-01-07 |
Pending |
Response WaivedIFP |
age-consideration circuit-split criminal-procedure juvenile-sentencing sentencing-guidelines youth-mitigating-factor |
Whether youth (minor age) at the time of the commission of a criminal offense, with its intrinsic characteristics, is inherently a mitigating factor t… |
| 25-6512 |
Aubrey C. Trail v. Nebraska |
Nebraska |
2026-01-07 |
Pending |
IFP |
conflict-of-interest criminal-procedure due-process indigent-rights ineffective-assistance post-conviction |
1. Does a state violate this Court's precedent and the Due Process clause when it penalizes the request for the appointment of conflict-free counsel?
… |
| 25-797 |
Steven J. Hecke v. United States |
Seventh Circuit |
2026-01-07 |
Pending |
Response Waived |
affidavit-omissions criminal-procedure fourth-amendment franks-hearing probable-cause search-warrant |
1. Whether, and how, Franks applies to
material information that is omitted
from a search warrant affidavit.
2. Whether omissions from a search
warra… |
| 25-6487 |
Derrick S. Lewis v. United States |
Eleventh Circuit |
2026-01-06 |
Pending |
Response WaivedIFP |
apprendi-rule criminal-procedure fifth-amendment jury-determination sentencing-guidelines sixth-amendment |
1. Whether the Fifth and Sixth Amendments are violated when a sentencing judge, rather than a jury, finds facts that otherwise alter the minimum and/o… |
| 25-6488 |
Matthew Jones v. Dave Yost, Attorney General of Ohio |
Sixth Circuit |
2026-01-06 |
Pending |
IFP |
criminal-procedure due-process plea-agreement plea-offer right-to-counsel sixth-amendment |
The first question presented is :
Should the Sixth Amendment right to counsel attach at the moment
an accused is confronted by his expert adversary w… |
| 25-6491 |
Billy J. Wilkins v. United States |
Sixth Circuit |
2026-01-06 |
Pending |
Response WaivedIFP |
criminal-procedure judicial-fact-finding right-to-jury right-to-silence second-amendment sixth-circuit |
I. Is the Sixth Circuit Court of Appeals ruling in United States v. Williams, 113 F.4th 637 (6th Cir. 2024) unconstitutional because it allows a judge… |
| 25-6493 |
Paul Keith Barksdale v. Jeffrey Wehking, Warden |
Seventh Circuit |
2026-01-06 |
Pending |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus |
Question not identified. |
| 25-6494 |
River William Smith v. United States |
Eighth Circuit |
2026-01-06 |
Pending |
Response WaivedIFP |
conduct-dismissal criminal-procedure due-process judicial-discretion political-beliefs sentencing |
1) Whether a Defendant can be held accountable at sentencing for conduct that was dismissed?
2) Whether a Defendant's sentence can be enhanced becaus… |
| 25-6496 |
Paul D. Carr v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2026-01-06 |
Pending |
IFP |
brady-violation criminal-procedure evidence-tampering habeas-corpus ineffective-assistance-of-counsel pinholster-exception |
1) Does this court's decision in Cullen v. Pinholster, 563 U.S.170;
131 S.CT. 1388 (2011), permit an exception whereby federal
courts may consider ne… |
| 25-6478 |
Jeremy Edward Johnson v. United States |
Third Circuit |
2026-01-05 |
Pending |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment harmless-error miranda-rights self-incrimination |
1. DID THE THIRD CIRCUIT ERR BY ASSUMING EVEN IF THERE WAS A MIRANDA VIOLATION, THE VIOLATION WAS HARMLESS?
a. Did the Third Circuit err by not deter… |
| 25-778 |
Natalia Mikhaylovna Bardakova v. United States |
Second Circuit |
2026-01-05 |
Pending |
Response Waived |
criminal-procedure due-process foreign-national fugitive-disentitlement international-law motion-to-dismiss |
Whether a court may refuse to consider a foreign national defendant's motion to dismiss an indictment based on the fugitive disentitlement doctrine wh… |
| 25-6466 |
Israel Alberto Rivas Gomez v. United States |
Ninth Circuit |
2026-01-02 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure custodial-interrogation due-process miranda-warning right-to-counsel |
Whether law enforcement's advisement to a defendant that entirely omits the "if he so desires" language regarding the right to appointed counsel satis… |
| 25-6471 |
Marcia Vazquez Rijos v. United States |
First Circuit |
2026-01-02 |
Pending |
Response WaivedIFP |
appellate-procedure conspiracy criminal-procedure indicative-ruling jurisdiction sixth-amendment |
Rule 37 of the Federal Rules of Criminal Procedure allows a party to seek an indicative ruling from the district court while an appeal is pending. Whi… |
| 25-6458 |
Matthew Darrel Childers v. United States |
Sixth Circuit |
2025-12-31 |
Pending |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process ineffective-assistance mandate-recall sixth-circuit |
1. Whether the Sixth Circuit Court of Appeals erred when it denied without explanation Petitioner's Motion to Recall the Mandate, Strike Reply Brief o… |
| 25-6464 |
Djonibek Rahmankulov v. United States |
Second Circuit |
2025-12-31 |
Pending |
IFP |
bank-fraud co-conspirator-liability constructive-amendment criminal-procedure loss-calculation sentencing-guidelines |
1. A writ of certiorari is requested to determine whether the district court's loss
calculation which included intended losses under §2B1.1 Applicatio… |
| 25-6465 |
Ledale Deanthony Sawyer v. United States |
Fifth Circuit |
2025-12-31 |
Pending |
IFP |
appeal-waiver appellate-review criminal-procedure habeas-corpus legal-argument sentencing-error |
1. Whether a defendant's appeal waiver bars appellate review of a clear sentencing error when the defendant preserved the exact legal argument below a… |
| 25-773 |
Joseph John Slack v. Robert McHugh, et al. |
Third Circuit |
2025-12-31 |
Pending |
Response Waived |
criminal-procedure felony-charges grand-jury pennsylvania-law probable-cause statewide-investigation |
Whether the presentment of a statewide investigating grand jury in the Commonwealth of Pennsylvania constitutes prima facie evidence of probable cause… |
| 25A758 |
Sean Paul Baker v. United States |
Tenth Circuit |
2025-12-31 |
Application |
|
confrontation-clause constitutional-rights criminal-procedure evidence-rule-412 sexual-abuse witness-credibility |
Question not identified. |
| 25-6446 |
David Allen Benson v. Superior Court of California, Orange County, et al. |
California |
2025-12-30 |
Pending |
IFP |
criminal-procedure due-process ineffective-assistance mandamus-petition sixth-amendment speedy-trial |
1. Was Petitioner denied his right to speedy trial, even his criminal Trial has been delayed for six years without his consent?
2. Did Petitioner suf… |
| 25-6433 |
Avis Coward v. United States |
Sixth Circuit |
2025-12-29 |
Pending |
Response WaivedIFP |
circuit-court-review constitutional-challenge constitutional-review criminal-law criminal-procedure role-enhancement second-amendment sentencing-guidelines statutory-interpretation |
1. Whether this Honorable Court should grant certiorari to review whether the Sixth Circuit's determination that 18 U.S.C §922(g) is constitutional on… |
| 25-6436 |
Francisco Junior Louis v. United States |
Eleventh Circuit |
2025-12-29 |
Pending |
Response WaivedIFP |
constitutional-rights covid-delay criminal-procedure grand-jury pro-se-motion speedy-trial |
Is a criminal defendant's statutory and constitutional right to a speedy trial violated when the delay in obtaining an indictment arose from the gover… |
| 25-6442 |
Michael Hinds v. United States |
Sixth Circuit |
2025-12-29 |
Pending |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure harmless-error prior-offenses sentencing-enhancement statutory-interpretation structural-error |
Does the ACCA occasions -different inquiry, requiring a detailed, multi- factored analysis of the facts surrounding at least three prior offenses— fac… |
| 25A750 |
Joseph Allen Maldonado v. United States |
Tenth Circuit |
2025-12-29 |
Application |
|
brady-violation criminal-procedure invited-error post-conviction-relief recantation rule-33 |
Question not identified. |
| 25-6429 |
Georgiy Chipunov v. United States |
Ninth Circuit |
2025-12-23 |
Pending |
Response RequestedResponse WaivedIFP |
as-applied-challenge criminal-procedure facial-challenge first-amendment ninth-circuit true-threats |
In Counterman v. Colorado, 600 U.S. 66, 73 (2023), the Court clarified that, to comply with the First Amendment's protections, prosecutors "must prove… |
| 25A742 |
Shameek J. Halls v. United States |
Second Circuit |
2025-12-23 |
Application |
|
bureau-of-prisons criminal-procedure judicial-review plea-agreement second-circuit summary-order |
Question not identified. |
| 25-6431 |
Edin Anael Solis-Rodriguez v. United States |
Fourth Circuit |
2025-12-23 |
Pending |
Response WaivedIFP |
appellate-review criminal-procedure guilty-plea plain-error-standard rule-11 sentencing |
Does a defendant's failure to object to a Rule 11(b)(1)(H)-(I) error count against him twice, not only by subjecting him to the rigorous plain-error s… |
| 25-6411 |
Gregory Johnson, Jr. v. United States |
Fifth Circuit |
2025-12-22 |
Pending |
IFP |
appeal-waiver appellate-review criminal-procedure due-process miscarriage-of-justice plea-agreement |
Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and… |
| 25-6412 |
Israel Navarro v. New York |
New York |
2025-12-22 |
Pending |
Response WaivedIFP |
apprendi-rule criminal-procedure fifth-amendment jury-trial sentencing-enhancement sixth-amendment |
Whether the Fifth and Sixth Amendments guarantee criminal defendants, like the petitioner Israel Navarro, the right to a jury trial on statutorily req… |
| 25-6413 |
Marcus T. Dixon v. United States |
Seventh Circuit |
2025-12-22 |
Pending |
Response WaivedIFP |
criminal-procedure law-enforcement probation-condition property-rights standing-to-challenge warrantless-search |
1) Law enforcement conducted warrantless searches related to Marcus Dixon and a supervision condition that allowed searches of "his" property. He move… |
| 25-6415 |
Juan Viana-Hernandez v. United States |
Ninth Circuit |
2025-12-22 |
Pending |
Response WaivedIFP |
bureau-of-prisons criminal-procedure custodial-sentence judicial-modification rule-36 sentencing |
Federal Rule of Criminal Procedure 36 is titled "Clerical Error" and states, "[a]fter giving any notice it considers appropriate, the court may at any… |
| 25-6401 |
Frankie Centeno v. United States |
Second Circuit |
2025-12-18 |
Pending |
Response WaivedIFP |
constitutional-challenge criminal-procedure felony-conviction gun-rights second-amendment supervised-release |
1. Whether 18 U.S.C. § 922(g)(1) is unconstitutional on its
face or as applied to Petitioner because, consistent with theSecond Amendment, the federal… |
| 25-715 |
Masahide Kanayama v. Scott Kowal, Chief Pretrial Services Officer, Southern District of New York, et al. |
Second Circuit |
2025-12-18 |
Pending |
Response Waived |
criminal-procedure damage-calculation district-court dual-criminality extradition japanese-law |
Whether in certifying Dr. Masahide Kanayama's extradition to Japan, the District Court for the Southern District of New York improperly relied on a hy… |
| 25-6396 |
Javier Rivera Franco v. Texas |
Texas |
2025-12-17 |
Pending |
IFP |
conviction-validity criminal-procedure due-process habeas-corpus judicial-procedure sentencing-error |
1. Is Petitioner Franco illegally imprisoned under a invalid
75 year sentence in Indictment / Cause No. F05-45713-T and
under a invalid conviction ?… |
| 25A705 |
Charles Albert Massey v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2025-12-17 |
Application |
|
confrontation-clause criminal-procedure cross-examination hearsay-evidence preliminary-hearing sixth-amendment |
Question not identified. |
| 25-6378 |
Kriston Price v. Ohio |
Ohio |
2025-12-16 |
Pending |
IFP |
aggravated-murder criminal-procedure fourteenth-amendment jury-instruction self-defense sixth-amendment |
1. Whether sufficient evidence existed to reject the defense of self defense where the defendant was violently attacked, beaten, and through the a mir… |
| 25-6385 |
Johnathan Morrison v. United States |
Eighth Circuit |
2025-12-16 |
Pending |
IFP |
appeal-waiver appellate-review criminal-procedure district-court miscarriage-of-justice sentencing-guideline |
Does the miscarriage of justice exception to appeal waivers apply to an appellate claim that a district court sentenced a defendant under the wrong se… |
| 25-6387 |
Joan Diaz Gonzalez v. United States |
Ninth Circuit |
2025-12-16 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure de-novo-standard sixth-amendment speedy-trial |
The Sixth Amendment provides: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . . ." The question pres… |
| 25-6389 |
Kingsley Ita v. United States |
Fifth Circuit |
2025-12-16 |
Pending |
IFP |
appeal-waiver circuit-split criminal-procedure due-process plea-agreement sentencing-procedure |
I. Does a general appeal waiver in a plea agreement bar a criminal defendant from challenging a sentence on due process grounds when the sentencing co… |
| 25-6366 |
Jarrett Howard v. United States |
Sixth Circuit |
2025-12-15 |
Denied |
Response WaivedIFP |
confidential-informant criminal-procedure fentanyl heroin probable-cause search-warrant |
I. Did probable cause exist to issue a search warrant when
the affidavit for the warrant did not say when the
confidential informant saw heroin and fe… |
| 25-6367 |
Luis Daniel Fuentes v. United States |
Eleventh Circuit |
2025-12-15 |
Denied |
Response WaivedIFP |
3553(a)-factors appellate-review criminal-procedure judicial-discretion mitigating-evidence sentencing |
Whether a sentencing court must address mitigating evidence and arguments offered by defense counsel regarding factors set forth in 18 U.S.C. § 3553(a… |
| 25-695 |
Maxwell A. Matthew v. United States |
Armed Forces |
2025-12-15 |
Denied |
Response Waived |
convening-authority court-martial criminal-procedure double-jeopardy fifth-amendment military-justice |
Staff Sergeant (SSgt) Maxwell A. Matthew's Convening Authority ordered his court-martial conviction expunged. He then ordered SSgt Matthew to again fa… |
| 25A694 |
Andrew Burgess Gregg v. Colorado |
Colorado |
2025-12-15 |
Application |
|
apprendi-line criminal-procedure double-jeopardy habitual-offender sentencing-enhancement sixth-amendment |
Question not identified. |
| 25-6353 |
Marcin Sosniak v. Charles Mims, Warden |
Eleventh Circuit |
2025-12-12 |
Denied |
Response WaivedIFP |
criminal-procedure death-penalty evidence-retrieval ineffective-assistance police-interview right-to-counsel |
Whether Petitioner has received ineffective assistance of counsel where Petitioner's counsel allowed Petitioner who was facing the death penalty to ac… |
| 25-6354 |
Osric Tyrone Daise v. United States |
Fourth Circuit |
2025-12-12 |
Denied |
Response WaivedIFP |
criminal-procedure plain-error punishment revocation sentencing supervised-release |
Whether the district court committed plain error in revoking Mr. Daise's supervised release pursuant to 18 U.S.C. § 3583(e) when the court's expressed… |
| 25-689 |
George Sharrod Johns v. Georgia |
Georgia |
2025-12-12 |
Pending |
Amici (2)Response RequestedResponse Waived |
autopsy confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence |
A forensic pathologist who performed an autopsy on a homicide victim was unavailable for trial. In her place, the State of Georgia offered testimony b… |
| 25-690 |
Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. v. Bradley Bieganski |
Ninth Circuit |
2025-12-12 |
Pending |
Response RequestedResponse Waived |
burden-shifting constitutional-law criminal-procedure due-process habeas-corpus ninth-circuit-review |
Did the Ninth Circuit fail to apply the correct deferential standard of review, as set out in 28 U.S.C. § 2254(d), and also misapply this Court's prec… |
| 25-6341 |
Selvin Edgardo Molina-Guzman v. United States |
Fifth Circuit |
2025-12-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process judicial-discretion presentence-report sentencing |
If a federal criminal defendant fails to present rebuttal evidence, is the district court is free to adopt the Presentence Report's findings without f… |
| 25-6345 |
Felix Verdejo-Sanchez v. United States |
First Circuit |
2025-12-11 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure federal-jurisdiction interstate-commerce pro-se-representation subject-matter-jurisdiction |
Can the Court of Appeals for the First Circuit deny the Petitioner his motion pro se requesting to invoke the supervisory power of the Court to verify… |
| 25-6321 |
Wenlasombo Ilboudo v. United States |
Eighth Circuit |
2025-12-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process language-barrier rule-11-colloquy sentencing-rights waiver-of-appeal |
Whether a defendant who speaks no English may properly be determined to have waived his right to appeal a substantively unreasonable sentence without … |
| 25-6324 |
Craig Edward Hunnicutt, Jr. v. United States |
Sixth Circuit |
2025-12-09 |
Denied |
Response WaivedIFP |
criminal-procedure factual-findings self-defense sentencing-discretion sixth-circuit supervised-release |
I. Whether the Sixth Circuit decision affirming Mr. Hunnicutt's supervised release violation and new law convictions, improperly upheld the clearly er… |
| 25A678 |
Thurmond McDonald v. Florida |
Florida |
2025-12-09 |
Application |
|
constitutional-rights criminal-procedure habitual-offender jury-trial sentencing-enhancement sixth-amendment |
Question not identified. |
| 25-6316 |
Kyle Ray Campbell v. United States |
Ninth Circuit |
2025-12-08 |
Pending |
IFP |
appellate-review criminal-procedure ninth-circuit sentence-reasonableness sentencing waiver |
Whether the district court erred and imposed a substantively unreasonable sentence of three hundred months?
Whether the Ninth Circuit Court of Appeal… |
| 25-6293 |
Melvin Leon Myrick v. United States |
Fourth Circuit |
2025-12-05 |
Denied |
Response WaivedIFP |
criminal-procedure federal-procedure judicial-timing pretrial-hearing speedy-trial-act statutory-interpretation |
Whether a final ruling at a pretrial hearing stops the Speedy Trial Act clock from running, consistent with the dictates of 18 U.S.C. § 3161. |
| 25-6300 |
Anthony Jones v. United States |
Third Circuit |
2025-12-05 |
Denied |
Response WaivedIFP |
appellate-review constitutional-violations criminal-procedure ineffective-assistance plain-error structural-defects |
I. Whether structural constitutional defects in indictments should be reviewed under Federal Rule of Criminal Procedure 52's plain error standard when… |
| 25-6265 |
Rodney Hamilton Higgins, Jr. v. United States |
Sixth Circuit |
2025-12-02 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking evidence-preservation fourth-amendment probable-cause search-warrant |
1. Whether the Fourth Amendment requires more than a defendant's status as a drug dealer and residential address to establish probable cause for a sea… |
| 25-6271 |
Eric Arthur Walton v. United States |
Fourth Circuit |
2025-12-02 |
Denied |
Response WaivedIFP |
criminal-procedure discretionary-standard district-court pro-se-representation standard-of-review supervised-release |
Whether the standard of review of a district court's decision to allow a defendant to proceed pro se at a supervised release revocation hearing is de … |
| 25A638 |
William Lewis Reece v. Oklahoma |
Oklahoma |
2025-12-02 |
Application |
|
coerced-confession criminal-procedure due-process fifth-amendment interrogation-techniques self-incrimination |
Whether a criminal defendant's confession was involuntary and obtained in violation of his Fifth Amendment right against self-incrimination when law e… |
| 25A644 |
Markhel D'John Harris-Franklin v. United States |
Eighth Circuit |
2025-12-02 |
Application |
|
circuit-split continuance criminal-procedure ends-of-justice reasonableness speedy-trial-act |
Whether ends-of-justice continuances granted under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), may be open-ended. |
| 25-618 |
Craig Jonathan Warner v. Texas |
Texas |
2025-12-01 |
Pending |
|
constitutional-rights criminal-procedure due-process false-testimony fourteenth-amendment witness-testimony |
1. At least ten states' courts and four federal circuit courts recognize that a state's unknowing presentation of false testimony denies a defendant d… |
| 25-6259 |
Sam Boyd v. United States |
Eighth Circuit |
2025-12-01 |
Denied |
Response WaivedIFP |
continuance criminal-procedure judicial-discretion speedy-trial-act statutory-interpretation trial-court-procedure |
When a trial court grants an "ends of justice" continuance pursuant to 18 U.S.C. § 3161(h)(7)(A), is it required to make specific factual findings bey… |
| 25-6248 |
Nathan David Black v. Ryan Flores, Warden, et al. |
Tenth Circuit |
2025-11-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process jurisdiction protection-order |
Question not identified. |
| 25-6255 |
Aaron J. Thorpe v. United States |
District of Columbia |
2025-11-26 |
Denied |
Response WaivedIFP |
article-ii criminal-procedure executive-power final-conviction prosecutorial-discretion separation-of-powers |
In our constitutional system of separated powers, Article II vests the Executive Branch with the plenary authority to initiate and terminate criminal … |
| 25-6240 |
Joel Contreras-Aguilar v. Texas |
Texas |
2025-11-25 |
Pending |
Response RequestedIFP |
constitutional-law criminal-procedure due-process immigration-status ineffective-assistance strickland-standard |
Has the State of Texas courts undermined presently established federal law in regards to the disclosure of immigration status of defendants in crimina… |
| 25-6241 |
Vincent Gerald Garcia v. United States |
Ninth Circuit |
2025-11-25 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure jury-unanimity plain-error sixth-amendment vicar-prosecution |
Whether a district court commits plain error and violates a defendant's Sixth Amendment right to a unanimous jury verdict when it fails to give a spec… |
| 25-6225 |
Alejandro Peña Salvador v. Washington |
Washington |
2025-11-24 |
Denied |
IFP |
constitutional-rights counsel-representation criminal-procedure due-process habeas-corpus ineffective-assistance |
The faal JisnsqarJ fa dew &via&>ce of /rre£^Ci|^bl£cpnB' c' b^+^eeAOe^dMi amd hfc Mr Pe?Ks> rtaH4 o reDfesen^-Von a'fn'idcA.i Coothci or &4«c3-!/e > q… |
| 25-6228 |
James Anthony Hale v. Michigan |
Michigan |
2025-11-24 |
Denied |
Response WaivedIFP |
arraignment criminal-procedure due-process jurisdictional-defect right-to-counsel sixth-amendment |
WHERE PETITIONER WAS DENIED HIS SIXTH AMENDMENT RIGHT TO COUNSEL
DURING HIS INITIAL ARRAIGNMENT PROCEEDING,
JURISDICTIONAL DEFECT DEPRIVE THE STATE C… |
| 25-597 |
Donatus Iriele v. United States |
Eleventh Circuit |
2025-11-21 |
Denied |
Response Waived |
constitutional-rights criminal-procedure drug-statute jury-instructions reasonable-doubt subjective-knowledge |
Donatus Iriele was indicted for violations of 21 U.S.C. § 841(a) based on a superseding indictment that failed to allege a knowing violation of the st… |
| 25-6199 |
Edgar Rene Garcia-Limon v. United States |
Tenth Circuit |
2025-11-21 |
Denied |
Response WaivedIFP |
child-sexual-abuse constitutional-sufficiency criminal-indictment criminal-procedure sexual-abuse statutory-language |
Whether an indictment charging violations of 18 U.S.C. § § 2241(c) and 2244 is constitutionally sufficient when it alleges only that the charged acts … |
| 25-6180 |
David Craig Milam v. United States |
Fourth Circuit |
2025-11-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court guilty-plea judicial-discretion plea-withdrawal sentencing |
Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea. |
| 25-6190 |
Steven Dale Bradley v. Iowa |
Iowa |
2025-11-20 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process habeas-corpus sentencing |
I. D& Aw 4 On4)Wlwl k invfrf ie^ $ pwhlons 4vd" hw 4o 4V^C SevWAC^5 ?
3, Do cnw\4U$ kw 4 6an^WW^h4 rtaW 4t> ex^cV pnmke^ AncWl^ ™udn^/ 5 ft w'HW ^re^… |
| 25A594 |
Keith Lashon Bell v. United States |
Fourth Circuit |
2025-11-20 |
Application |
|
appeal-waiver constitutional-exception criminal-procedure federal-sentencing habeas-corpus plea-agreement |
Whether appeal waivers in plea agreements can be enforced when exceptional circumstances or constitutional concerns arise |
| 25A596 |
Eric W. Singleton v. United States |
Armed Forces |
2025-11-20 |
Application |
|
appellate-review constitutional-right court-martial criminal-procedure military-justice unanimous-verdict |
Whether a military accused has a constitutional right to a unanimous verdict in a court-martial proceeding |
| 25-6157 |
Eric King v. United States |
Sixth Circuit |
2025-11-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equal-protection fifth-amendment identity-theft indictment-defects |
I. DUBIN MISAPPLICATION
Whether Petitioner's conviction for aggravated identity theft under 18 U.S.C. § 1028A can stand where, contrary to Dubin v. Un… |
| 25-6158 |
John Nock v. United States |
Eighth Circuit |
2025-11-19 |
Pending |
IFP |
constitutional-rights criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court |
APPOINT SUBSTITUTE 10 TCOnN <S?T'S REFUS AL to
nock's SIXTH AMENDMENT URSTrmt VI0LATED MR.
representation ? DMENT RIGHT To effective
■noc™sR fifth a… |
| 25-6161 |
James Capers v. United States |
Second Circuit |
2025-11-19 |
Denied |
Response WaivedIFP |
alleyne-standard apprendi-rule constitutional-challenge criminal-procedure jury-instructions sentencing-enhancement |
1) In regards to 21 U.S.C. §846, to be in accordance with both Apprendi
and Alleyne , to punish as 21 U.S.C. §841(b)(1)(A) (10 to life), must
the ju… |
| 25-6164 |
Shannon Bernard Jackson v. Texas |
Texas |
2025-11-19 |
Denied |
IFP |
anders-brief appellate-rights criminal-procedure due-process fourteenth-amendment pro-se-brief |
QUESTION No. 1: Is a criminal defendant deprived of his rights under the Fourteenth Amendment to the United States Constitution to file a pro se brief… |
| 25-6168 |
Carl Rose v. United States |
Third Circuit |
2025-11-19 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process hearsay-evidence revocation-hearing supervised-release |
Whether the Due Process Clause and Federal Rule of Criminal Procedure 32.1(b)(2)(C) require a district court, before admitting hearsay at a supervised… |
| 25-6169 |
Elias Xavier Rosario Torres v. United States |
Eleventh Circuit |
2025-11-19 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure firearm-statute mandatory-minimum mens-rea statutory-interpretation |
A person who is convicted under 18 U.S.C. § 924(c) of possession of a firearm in furtherance of a crime of violence or drug trafficking crime, but who… |
| 25-6173 |
Charles Jason Carmichael v. South Carolina |
South Carolina |
2025-11-19 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure due-process hearsay-testimony trial-error |
X. 4^ $ X. S-t-M-j-e $ Cot>r4 e^cej4 no4 nj v^UoX^ e'r 4\i€ 4r<c<l Coucf
errcA in cv<Jvn.44->n« He +es4>'w,otnj cl"' <1
vJifnesS Q.C. , ^kex-fc -He c… |
| 25A591 |
Nadarius Barnes v. United States |
Tenth Circuit |
2025-11-19 |
Application |
|
appellate-rights circuit-split criminal-procedure guilty-plea plea-agreement waiver |
Whether a defendant who enters an unconditional guilty plea waives the right to challenge on appeal that the admitted facts do not constitute the char… |
| 25-6151 |
Christopher Lewis Tucker v. United States |
Fourth Circuit |
2025-11-18 |
Denied |
Response WaivedIFP |
criminal-procedure medication-administration pretrial-custody sentencing-guidelines statutory-interpretation supervised-release |
Is a twenty-five year term of supervised release with stringent special conditions including the forced administration of medication "greater than nec… |
| 25A584 |
Dylan Gregory Kerstetter v. United States |
Fifth Circuit |
2025-11-18 |
Application |
|
certiorari criminal-procedure deadline-extension jurisdictional-requirements petition-timing supreme-court |
Whether a criminal defendant may obtain an extension of time to file a petition for certiorari beyond the standard 90-day deadline and under what extr… |
| 25A588 |
Alexis D. Negrón-Cruz v. United States |
First Circuit |
2025-11-18 |
Application |
|
constitutional-rights criminal-procedure federal-public-defender first-circuit statutory-interpretation writ-of-certiorari |
Whether the First Circuit's interpretation of the underlying criminal statute improperly limits a defendant's constitutional rights or procedural prot… |
| 25-583 |
Rodney Towe v. Georgia |
Georgia |
2025-11-17 |
Denied |
|
criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion terry-stop |
Whether lawful, commonplace conduct that law abiding citizens routinely engage in can establish reasonable suspicion because it occurs near an expecte… |
| 25-6136 |
Damien Antione Jones v. United States |
Fifth Circuit |
2025-11-17 |
Pending |
IFP |
appellate-waiver collateral-review constitutional-rights criminal-procedure due-process plea-agreement |
Petitioner is serving a sentence for an offense that was later declared unconstitutional by this Court in United States v. Davis, 588 U.S. 445 (2019),… |
| 25-6141 |
Mark Abercrombie v. United States |
Fifth Circuit |
2025-11-17 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure harmless-error judicial-discretion sentencing-guidelines |
Whether errors in calculating the Sentencing Guidelines are rendered categorically harmless by the district court's routine and boilerplate assertion … |
| 25-6142 |
John Elwood Tyrone Martin v. United States |
Fourth Circuit |
2025-11-17 |
Pending |
IFP |
appeal-waiver criminal-procedure district-court guilty-plea mandate-rule sentencing-error |
I. If a court of appeals recognizes a sentencing error and remands for resentencing, does the mandate rule bar the district court from considering a d… |
| 25-6116 |
Frank Iglesias v. United States |
Ninth Circuit |
2025-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure discretion early-termination ninth-circuit sentencing supervised-release |
Did the Ninth Circuit abused it's discretion in finding that Petitioner is not entitled to shortening or terminating supervised release of his sentenc… |
| 25-6119 |
Charvez Brooks v. United States |
Fourth Circuit |
2025-11-14 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure ends-of-justice judicial-continuance speedy-trial-act statutory-interpretation |
Whether the Speedy Trial Act's "ends of justice" provision, 18 U.S.C. § 3161(h)(7)(A), permits open-ended continuances that lack a definite terminatio… |
| 25-6123 |
Osvaldo Gonzalez v. United States |
Eleventh Circuit |
2025-11-14 |
Denied |
Response WaivedIFP |
barker-review criminal-procedure liberty-interests pretrial-delay sixth-amendment speedy-trial |
Whether Barker v. Wingo's rejection of fixed time periods in defining the scope of the Sixth Amendment's Speedy Trial Clause has been abrogated and re… |
| 25-6127 |
Brodrick Eugene Davis v. United States |
Fifth Circuit |
2025-11-14 |
Pending |
IFP |
constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-interpretation |
Does 18 U.S.C. § 3583(g) violate the Fifth and Sixth amendments? |
| 25-565 |
Yogesh K. Pancholi v. United States |
Sixth Circuit |
2025-11-12 |
Denied |
Amici (1)Response Waived |
bad-faith compulsory-process criminal-procedure discovery-violation sixth-amendment witness-preclusion |
Whether the Constitution permits a trial court to impose witness preclusion as a sanction for a discovery violation in a criminal case, absent a findi… |
| 25-6080 |
Warren Ellwood Shelton, Jr. v. Chadwick Dotson, Director, Virginia Department of Corrections |
Virginia |
2025-11-12 |
Denied |
IFP |
appeals-process constitutional-law criminal-procedure due-process judicial-review sentencing |
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<1-1 e. OtoLuUltj
® \AJkkcj is \(v^0LiAcuie Clu&m nz4 bdrvj z\^pl?W 4o jaW£M
j^ iw& pjnadr&& 1^-k) Leuv k| Aftz. Q^&c… |
| 25-6084 |
Paul Gregory Perry v. Robert Van Gorder, Warden |
North Carolina |
2025-11-12 |
Denied |
IFP |
appellate-counsel constitutional-law criminal-procedure due-process habeas-corpus sixth-amendment |
1) Whether "Carpenter 222. ters" hralding i ratzaac hive ta Renton S Whee Convictiansand. Sentence 5 xele
2) jae Phar-capppellate counsel. tua je Fle… |
| 25A542 |
Deoman Reeves v. United States |
Eighth Circuit |
2025-11-12 |
Application |
|
criminal-procedure drug-trafficking firearm-offense sentencing-enhancement statutory-interpretation supreme-court-review |
Whether the conjunctive language 'during and in relation to' in 18 U.S.C. § 924(c)(1)(A) requires a distinct statutory interpretation beyond prior Sup… |
| 25A552 |
Gregory Johnson, Jr. v. United States |
Fifth Circuit |
2025-11-12 |
Application |
|
appeal-waiver career-offender circuit-split criminal-procedure plea-agreement sentencing-guidelines |
Whether a criminal defendant can knowingly and voluntarily waive the right to appeal a district court's sentencing errors as part of a plea agreement,… |
| 25-6092 |
Olegario Lares-De La Rosa v. United States |
Ninth Circuit |
2025-11-12 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence-interpretation federal-rules-of-evidence law-enforcement-testimony lay-opinion |
Whether Federal Rule of Evidence 701 permits a law enforcement officer to provide a lay opinion about the meaning of ordinary language used in a recor… |
| 25-6075 |
Derek Muñoz-Gonzalez v. United States |
First Circuit |
2025-11-10 |
Denied |
Response WaivedIFP |
breach-of-contract criminal-procedure guideline-range plea-agreement prosecutorial-conduct sentencing-enhancement |
Whether the prosecution breached the plea agreement by vigorously advocating, at sentencing, for the application of two enhancements, that the parties… |
| 25-551 |
United States v. Shaheem Johnson |
Fourth Circuit |
2025-11-06 |
Pending |
|
criminal-procedure district-court extraordinary-reasons sentence-reduction sentencing-guidelines statutory-interpretation |
Whether the district court permissibly found "extraordinary and compelling reasons" to allow reduction of respondent's sentence under 18 U.S.C. 3582(c… |
| 25-6042 |
Calvin Shaw v. United States |
District of Columbia |
2025-11-06 |
Denied |
Response WaivedIFP |
alibi-witnesses appellate-review criminal-procedure government-witnesses ineffective-assistance trial-counsel |
I- DID THE COURT OF APPEALS ERR WHEN IT DID NOT FIND TRIAL COUNSELS REPRESENTATION OF MR. SHAW INEFFECTIVE BASED ON HIS FAILURE TO CALL ALIBI WITNESSE… |
| 25A527 |
Cristian Chaverra Moreno v. United States |
Eleventh Circuit |
2025-11-06 |
Application |
|
criminal-procedure district-court eleventh-circuit federal-jurisdiction statutory-interpretation subject-matter-jurisdiction |
Whether a federal district court has proper subject matter jurisdiction to hear a criminal case when the defendant challenges the court's statutory au… |
| 25-6019 |
Juan Mendez v. United States |
Sixth Circuit |
2025-11-04 |
Denied |
Response WaivedIFP |
criminal-procedure death-threats extraordinary-circumstances habeas-corpus plea-coercion sentence-reduction |
1. Did both the United States District Court and Sixth Circuit Court of Appeal 3-judge panel fail to properly execercise its permissible authority to … |
| 25-6003 |
Quinn R. Turner v. United States |
Sixth Circuit |
2025-10-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance sixth-amendment |
Whether Mr. Turner's due process of law rights of the Fifth Amendment U.S. Constitution were violated by the district court failing to adjudicate the … |
| 25-6004 |
Fillmore Wright v. Louisiana |
Louisiana |
2025-10-31 |
Denied |
IFP |
criminal-procedure due-process fair-trial fourteenth-amendment sixth-amendment uncorroborated-confession |
Under the U.S. Constitution Amendment VI's right to a fair trial and the due process clause of U.S. Constitution Amendment XIV, can a conviction rest … |
| 25-6006 |
Jerry W. Green, Jr. v. United States |
Eleventh Circuit |
2025-10-31 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure indictment-charging rico-conspiracy sentencing-enhancement statutory-maximum |
Whether, pursuant to Alleyne v. United States, 570 U.S. 99, 133 S.Ct 2151, 186 L.Ed.2d 314 (2013) and Apprendi v New Jersey, 530 U.S. 466, 120 S.Ct 23… |
| 25-524 |
Cedric Ray Jones v. United States |
Fifth Circuit |
2025-10-30 |
Pending |
|
circuit-split criminal-procedure due-process harmless-error jury-instructions structural-error |
I. Does a district court's failure to instruct a jury in open court result in structural error, automatically producing a violation of a defendant's s… |
| 25-5991 |
Jairo Arnaldo Jacome v. United States |
Fourth Circuit |
2025-10-30 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process harmless-error jury-instruction structural-error |
I. Does a district court's failure to instruct a jury in open court result in structural error, automatically producing a violation of a defendant's s… |
| 25-5992 |
In Re Roger Larry McCluer |
|
2025-10-30 |
Denied |
IFP |
capital-murder constitutional-rights criminal-procedure habeas-corpus ineffective-assistance plea-bargaining |
1. WHETHER OR NOT COUNSEL'S ADVICE TO PETITIONER, TO FOREGO A TWENTY (20) YEAR PLEA OFFER, WHEN THE STATE THREATENED TO RE-VISIT THE "CAPITAL MURDER" … |
| 25-6000 |
Demeccio Caston v. Louisiana |
Louisiana |
2025-10-30 |
Denied |
Response WaivedIFP |
confrontation-clause crawford-rule criminal-procedure due-process hearsay testimonial-evidence |
Whether permitting a detective to testify to unconfronted, testimonial hearsay statements that directly inculpate a defendant statements, made by witn… |
| 25-6001 |
Charles Chad Giese v. Edward Borla, Warden |
Ninth Circuit |
2025-10-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance miranda-rights prosecutorial-misconduct |
I. Did Trial Counsel Render Ineffective Assistance by Failing to present Evidence About the Psychological and Physical Effects of Methamphetamine and … |
| 25-525 |
Damion Anthony Delapena v. Florida Department of Corrections |
Eleventh Circuit |
2025-10-29 |
Denied |
Response Waived |
constitutional-rights criminal-procedure evidence-suppression habeas-corpus ineffective-assistance-of-counsel plea-bargaining |
1. Does federal habeas petitioner make a "substantial showing of the denial of a constitutional right" under 28 U.S.C. § 2253(c)(2) where his trial at… |
| 25-5968 |
Mark Wheeler v. United States |
Eleventh Circuit |
2025-10-28 |
Dismissed |
Response RequestedResponse WaivedIFP |
constitutional-rights criminal-procedure defendant-rights due-process involuntary-commitment mental-competency |
1. Does the mandatory commitment of a permanently incompetent defendant solely to assess the possibility of restoring competency violate due process? |
| 25-5974 |
Terrance Douglas Baker v. United States |
Ninth Circuit |
2025-10-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process judicial-discretion rule-32 sentencing |
Does a district court violate Fed. R. Crim. P. 32(i)(C)(1) when it relies upon news stories or other information outside the record in determining a d… |
| 25-5975 |
Thiago de Sousa Prado v. United States |
First Circuit |
2025-10-28 |
Denied |
Response WaivedIFP |
attorney-disqualification conflict-of-interest criminal-procedure due-process professional-conduct prosecutorial-ethics |
Does the Due Process Clause permit a United States Attorney's Office to prosecute a criminal defendant when the Acting U.S. Attorney previously served… |
| 25-5977 |
Dwayne Ernest Wharton v. Texas |
Texas |
2025-10-28 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-admissibility fourth-amendment gps-tracking search-warrant third-party-doctrine |
Does a violation of the Fourth Amendment, as enunciated in this Court's holdings in Carpenter v. United States, 138 U.S. 2206 (2018) and United States… |
| 25-5981 |
Erick Pizarro-Mercado v. United States |
First Circuit |
2025-10-28 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-sufficiency federal-rules procedural-error rule-29 sentencing |
Whether evidence was sufficient to justify the district court denial of Rule 29 of the Fed. R. Crim. P.
Whether the district court committed reversib… |
| 25A481 |
Steven J. Hecke v. United States |
Seventh Circuit |
2025-10-28 |
Application |
|
constitutional-rights criminal-procedure death-penalty extension-of-time supreme-court writ-of-certiorari |
Whether the lower court's ruling in Sockwell v. Hamm improperly applied constitutional protections in a criminal proceeding |
| 25A485 |
Matthew Borges v. United States |
Sixth Circuit |
2025-10-28 |
Application |
|
certiorari co-defendant criminal-procedure due-process extension-of-time petition |
Whether a criminal defendant's due process rights are violated when a co-defendant seeks and receives an extension of time to file a petition for cert… |
| 25A487 |
Jairo Huertas-Mercado v. United States |
First Circuit |
2025-10-28 |
Application |
|
constitutional-delay criminal-procedure due-process fifth-amendment sixth-amendment speedy-trial |
Whether the Fifth and Sixth Amendments require dismissal of criminal charges due to an excessive pre-trial delay violating the constitutional right to… |
| 25-5963 |
Cesar Edgardo Castillo-Rodriguez v. United States |
Fifth Circuit |
2025-10-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court judicial-discretion plain-error sentencing-guidelines |
Whether, after Holguin-Hernandez v. United States, 589 U.S. 169 (2020), a party may obtain appellate relief when the district court fails to reference… |
| 25-512 |
Jibril Adamu v. United States |
Second Circuit |
2025-10-24 |
Pending |
|
confrontation-clause criminal-procedure drug-trafficking extraterritorial-application sixth-amendment testimonial-hearsay |
1. Whether the crime of possession with intent to distribute under 21 U.S.C. §959(c)(2) applies extraterritorially.
2. Whether a non-testifying analy… |
| 25-5955 |
Jarred Javon Ford v. United States |
Fourth Circuit |
2025-10-24 |
Denied |
Response WaivedIFP |
constitutional-protection criminal-procedure defendant-rights due-process judicial-inquiry waiver-of-counsel |
Whether the Court should prescribe more specific requirements to ensure consistency and that defendants' waivers are knowing, voluntary, and intellige… |
| 25-502 |
Christina Paylan v. Florida |
Florida |
2025-10-23 |
Denied |
|
constitutional-rights criminal-procedure florida-law nolle-prosequi sixth-amendment speedy-trial |
Does the State of Florida violate Petitioner's Sixth Amendment Right to speedy trial applicable to the State through the Fourteenth Amendment, by comm… |
| 25-5931 |
Caleb Campbell v. Officer Terry Pruitt, et al. |
Seventh Circuit |
2025-10-22 |
Denied |
IFP |
constitutional-challenge conviction-review criminal-procedure due-process procedural-grounds state-court |
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| 25-5939 |
Michael Georgie Carson v. Michigan |
Michigan |
2025-10-22 |
Denied |
IFP |
criminal-procedure fourth-amendment ineffective-assistance probable-cause search-warrant sixth-amendment |
DOES THE MICHIGAN SUPREME COURT'S DECISION CONFLICT WITH THE U.S. SUPREME COURT'S CASELAW, WHEN THEY OVERTURNED THE MICHIGAN COURT OF APPEALS FINDING … |
| 25A460 |
George Sharrod Johns v. Georgia |
Georgia |
2025-10-22 |
Application |
|
confrontation-clause criminal-procedure expert-testimony forensic-pathology sixth-amendment testimonial-statements |
Whether a substitute expert witness's testimony based on an absent analyst's testimonial statements violates a criminal defendant's Confrontation Clau… |
| 25-5919 |
Kevin Griffin v. New York |
New York |
2025-10-21 |
Denied |
Response WaivedIFP |
brady-violation criminal-procedure due-process false-testimony fourteenth-amendment search-warrant |
1. Did the State Courts error by denying Petitioner 's Fourteenth Amendment 's Due process rights by the State's knowing use of false testimony and th… |
| 25-5922 |
Victor M. Hernandez-Carrasquillo v. United States |
First Circuit |
2025-10-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court evidence-sufficiency rule-29 sentencing |
Whether evidence was sufficient to justify the district court denial of Rule 29 of the Fed. R. Crim. P.
Whether the district court committed reversib… |
| 25-5924 |
Lennard Rashard Monroe v. United States |
Eleventh Circuit |
2025-10-21 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure participant-enhancement sentencing-guidelines statutory-interpretation united-states-sentencing-commission |
Whether a customer can be counted as a participant for purposes of U.S.S.G. §3B1.1(b)? |
| 25-5912 |
David Everette v. New York |
New York |
2025-10-20 |
Denied |
IFP |
apprendi-rule criminal-procedure judicial-fact-finding persistent-felony-offender sentencing-enhancement sixth-amendment |
Since deciding that the fact of a prior conviction can "authorize" a longer sentence, Almendarez-Torres v. United States, 523 U.S. 224, 246 (1998), th… |
| 25-5914 |
Martins Inalegwu v. United States |
Third Circuit |
2025-10-20 |
Pending |
IFP |
appellate-review criminal-procedure harmless-error judicial-discretion sentencing-error variance |
Whether a district judge can render sentencing errors harmless by stating it would have imposed the same sentence regardless of any error, or by simpl… |
| 25-5917 |
Thomas Avery Drum v. United States |
Eighth Circuit |
2025-10-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-authority judicial-discretion new-trial-motion rule-33 weight-of-evidence |
When a criminal defendant files a timely motion for a new trial under Rule 33(b)(2), what is the scope of the district court's authority to grant a ne… |
| 25-5918 |
Tommie Lee Page, aka Tommie Page, aka Tommy Page v. Mississippi |
Mississippi |
2025-10-20 |
Denied |
Response WaivedIFP |
crimes-of-violence criminal-procedure habitual-offender indictment-amendment sentencing-enhancement statutory-interpretation |
1) Whether the Mississippi habitual offender amendment to Page's indictment was illegal and void since the motion to amend Page's indictment was not f… |
| 25-474 |
Justin Baggett v. Texas |
Texas |
2025-10-17 |
Denied |
|
criminal-procedure due-process impeachment-evidence ineffective-assistance plea-agreement strickland-standard |
I. Whether trial counsel's failure to investigate and discover impeachment evidence against a key prosecution witness before a defendant accepts a ple… |
| 25A440 |
Meelad Dezfooli v. United States |
Ninth Circuit |
2025-10-17 |
Application |
|
counsel-of-choice criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment |
Whether the Sixth Amendment permits the denial of counsel of choice and the complete abandonment by appointed counsel constituting a violation of a cr… |
| 25A444 |
Bernard Kentrell Breeland, Jr. v. United States |
Fourth Circuit |
2025-10-17 |
Application |
|
bruen-framework confrontation-clause criminal-procedure felon-in-possession lay-opinion-testimony second-amendment |
Whether 18 U.S.C. § 922(g)(1) is facially unconstitutional under the Second Amendment in light of the Supreme Court's recent Second Amendment jurispru… |
| 25A449 |
Kerry E. Silvers v. Indiana |
Indiana |
2025-10-17 |
Application |
|
appellate-procedure criminal-procedure indiana-supreme-court legal-standards post-conviction-relief retroactive-law |
Whether the Indiana Court of Appeals improperly applied retroactive legal standards in denying a post-conviction relief petition by failing to adhere … |
| 25-5900 |
Latisha Anderson v. United States |
Fourth Circuit |
2025-10-16 |
Denied |
Relisted (3)IFP |
criminal-procedure due-process fifth-amendment liberty-interest prosecutorial-misconduct sixth-amendment |
I. THE FOURTH CIRCUIT 'S DECISION FINDING NO
PROSECUTORIAL MISCONDUCT OR NO IMPROPER
INTERFERENCE BY THE DISTRICT COURT IS CONTRARY TO
THE FIFTH AM… |
| 25-5907 |
Cory Collin Fitzgerald Sanders v. United States |
Fourth Circuit |
2025-10-16 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-inference guilty-knowledge jury-instruction specific-intent willful-intent |
In a federal criminal prosecution that requires proof of specific intent, may a court instruct the jury that it may infer willful intent or guilty kno… |
| 25-5880 |
Derrick Gregory James v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-10-15 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process judicial-review sentence-modification |
"What constitutes the legal meaning of the word "Active"?
Does a Double Jeopardy Violation, and Due Process Violation Occur Whenever a Dept. of Corre… |
| 25-5887 |
Dorice Moore v. Florida |
Florida |
2025-10-15 |
Denied |
IFP |
constitutional-rights criminal-procedure discovery-violation dna-evidence due-process exculpatory-evidence |
1. Why was the DNA allowed to be down played by the state without defense providing proof of its importance at the crime scene?
2. If the state did n… |
| 25-5892 |
Daniel Jacob Werk v. United States |
Ninth Circuit |
2025-10-15 |
Denied |
Response WaivedIFP |
criminal-procedure district-court federal-rule judgment-of-acquittal ninth-circuit rule-29-motion |
Whether the Ninth Circuit erred in upholding the district court's denial of Petitioner's Federal Rule of Criminal Procedure 29 motion for judgment of … |
| 25-5895 |
Rickey Johnson, aka Sealed Defendant 1, aka Neil Dawn Defarren v. United States |
Second Circuit |
2025-10-15 |
Pending |
IFP |
circuit-split constitutional-law criminal-procedure harmless-error jury-trial sixth-amendment |
L. Whether the acknowledged violation of a federal criminal defendant's right to a jury of 12, under Fed. R. Crim. P. 23(b), can be harmless, a questi… |
| 25-5896 |
Shawn Travis Paschal v. United States |
Fifth Circuit |
2025-10-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure imprisonment reasonableness-standard sentencing-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 25-5899 |
Michael Keith Marechale v. United States |
Eighth Circuit |
2025-10-15 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure invited-error jury-instruction waiver |
"Courts of Appeals have stated . . . under the 'invited error' doctrine that a party may not complain on appeal of errors that he himself invited or p… |
| 25A432 |
Kevin McCarthy, Superintendent, Elmira Correctional Facility v. Pedro Hernandez |
Second Circuit |
2025-10-15 |
Presumed Complete |
|
cold-case constitutional-rights criminal-procedure evidence-standard jurisdiction-review missing-child |
Whether the constitutional rights of a criminal defendant are violated when a conviction is based on decades-old circumstantial evidence in a high-pro… |
| 25-5870 |
In Re Joshua Meadors |
|
2025-10-14 |
Denied |
IFP |
constitutional-rights criminal-procedure custody-credits due-process probation statutory-error |
Comes Now trot petitioner and Mawnan' Sochus Meadors, moves Pio honorable Court im MUNG wahiiy Pray Constitution,| Righia has been deprived oP, on ari… |
| 25A422 |
Chanson A. Johnson v. United States |
Armed Forces |
2025-10-14 |
Presumed Complete |
|
appellate-review criminal-procedure drug-conviction firearms-prohibition military-justice supreme-court-jurisdiction |
Whether a military service member's conviction for nonviolent drug use triggers a federal firearms prohibition under 18 U.S.C. § 922 when the underlyi… |
| 25-5857 |
Russell Kimble Jackson v. United States |
Eighth Circuit |
2025-10-10 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure drug-felony first-step-act sentencing-enhancement statutory-interpretation |
1. After the First Step Act enactment date of December 21, 2018.
Is it true it now takes two or more "serious drug felonies" or two or more prior "ser… |
| 25-5865 |
Aaron Norman Dunn v. California |
California |
2025-10-10 |
Denied |
IFP |
capital-punishment criminal-procedure due-process fourteenth-amendment payne-v-tennessee victim-impact-evidence |
Whether under Payne v. Tennessee, 501 U.S. 808 (1991), a prosecutor can be permitted to play for the jury during the penalty phase of a capital trial … |
| 25-5842 |
Jorge Alberto Rodriguez v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-10-09 |
Rehearing |
Relisted (2)IFP |
constitutional-law criminal-appeal criminal-procedure ex-post-facto ineffective-assistance statutory-interpretation |
Question not identified. |
| 25-5843 |
Carlos Lorenzo Jackson v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2025-10-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus trial-procedure |
Question not identified. |
| 25-5847 |
Charlie Green v. United States |
Eleventh Circuit |
2025-10-09 |
Denied |
Response WaivedIFP |
criminal-procedure indictment-sufficiency penalty-provision rico-conspiracy sentencing-enhancement statutory-interpretation |
1. Whether the failure of the Indictment to include a reference to the penalty provision, 18 U.S.C. § 1963(a), applicable to the offense of RICO consp… |
| 25-5848 |
Cedric Milburn v. United States |
Fifth Circuit |
2025-10-09 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process government-cooperation rule-35b sentencing-reduction |
There is a conflict among the United States Courts of Appeals regarding the proper interpretation of Federal Rue of Criminal Procedure 35(b).
The que… |
| 25-5849 |
Darvin W. Gray v. Carrie Bridges, Warden |
Tenth Circuit |
2025-10-09 |
Denied |
IFP |
constitutional-challenge criminal-procedure federal-review habeas-corpus obstruction-of-justice statutory-interpretation |
The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section. The handwritten or heavily corrupted te… |
| 25-5851 |
Christopher Lynn Johnson v. Pennsylvania |
Pennsylvania |
2025-10-09 |
Denied |
IFP |
burden-of-proof constitutional-error criminal-procedure due-process ineffective-assistance structural-error |
Does an attorney's failure to object to unconstitutional instructions that relieve the Commonwealth of its burden of disproving an accused's defense b… |
| 25-5812 |
Michael Barreto v. United States |
Second Circuit |
2025-10-07 |
Pending |
Response RequestedResponse WaivedRelisted (2)IFP |
competency-hearing criminal-procedure defendant-rights judicial-discretion mental-competency statutory-interpretation |
If a district court orders a competency examination under § 4241(b) based upon reasonable cause to question a defendant's competency, is it mandatory … |
| 25-5815 |
Wilclin Saintil v. Florida |
Florida |
2025-10-07 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fifth-amendment sixth-amendment witness-testimony |
I. WHETHER THE STATE COURT VIOLATED THE FIFTH,
SIXTH, AND FOURTEENTH AMENDMENTS TO THE
UNITED STATES CONSTITUTION IN DENYING THE
ACCUSED HIS DUE PR… |
| 25-5819 |
Max Fontes v. Arizona |
Arizona |
2025-10-07 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony. |
| 25-5821 |
Gregory Lee Rodvelt v. United States |
Ninth Circuit |
2025-10-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fifth-amendment official-duties sixth-amendment statutory-authority |
1. Is a federal employee "engaged in. . . the performance of official duties"
to sustain a conviction under 18 U.S.C. § 111 when there is no statutory… |
| 25-5823 |
Steven Nicholas Fulton v. United States |
Fourth Circuit |
2025-10-07 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure fifth-amendment jury-verdict sixth-amendment |
Whether an appellate court may, consistent with the Fifth and Sixth Amendments, reinstate a jury's guilty verdict where the judge did not find, and th… |
| 25-5797 |
Leigha Page Ackerson v. Colorado |
Colorado |
2025-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure felony-murder legislative-amendment life-without-parole proportionality-review sentencing |
1. Whether the procedure to affirm an LWOP
sentence for felony murder once the Felony Murder
bill 21-124 became effective is in the interest of
jus… |
| 25-399 |
Ronell Moses, Jr. v. United States |
Third Circuit |
2025-10-03 |
Denied |
Amici (1) |
criminal-procedure curtilage fourth-amendment law-enforcement property-rights search-and-seizure |
1. Whether a defendant's actual use of an area adjacent to his home is relevant to whether that area is curtilage under the Fourth Amendment, as four … |
| 25-385 |
Charles Ray Crawford v. Mississippi |
Mississippi |
2025-10-02 |
Denied |
|
capital-trial criminal-procedure retroactivity sixth-amendment structural-error teague-rule |
In McCoy v. Louisiana, 584 U.S. 414 (2018), this Court held that the Sixth Amendment guarantees the defendant the right to personally decide whether t… |
| 25-5784 |
Daniel Raul Santiago Vasquez v. Oklahoma |
Oklahoma |
2025-10-02 |
Denied |
IFP |
capital-punishment criminal-procedure due-process eighth-amendment mitigation-testimony videoconference-testimony |
1. Does the Eighth Amendment allow the State to prevent live mitigation testimony in favor of a capital defendant based upon financial reasons alone (… |
| 25-5788 |
Kalup Allen Born v. United States |
Tenth Circuit |
2025-10-02 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility acquitted-conduct criminal-procedure downward-departure harmless-error sentencing-guidelines |
A defendant who "demonstrates acceptance of responsibility" for the offense "shall" be awarded a deduction in the offense level. When a defendant's en… |
| 25-5789 |
Joseph Anthony Barrett v. California |
California |
2025-10-02 |
Denied |
IFP |
criminal-procedure fourteenth-amendment implicit-bias juror-bias jury-selection sixth-amendment |
When a charged crime occurs within prison walls, do the Sixth and Fourteenth Amendments require excusal for cause of prospective jurors who are employ… |
| 25-5791 |
Raymond White v. United States |
Second Circuit |
2025-10-02 |
Denied |
Response WaivedIFP |
appellate-review charging-instrument criminal-procedure plain-error plea-review presentence-report |
Whether, in conducting plain-error prejudice review of a plea taken in violation of Federal Rule of Criminal Procedure 11, an appellate court may rely… |
| 25A386 |
Trendell Walker v. United States |
Second Circuit |
2025-10-02 |
Presumed Complete |
|
criminal-procedure habeas-corpus jurisdictional-defects structural-error venue-challenge warrant-forgery |
Whether a criminal prosecution must be dismissed when jurisdictional defects are alleged, including forged warrants and improper venue establishment |
| 25-5770 |
Charles Anthony Holmes v. Oklahoma |
Oklahoma |
2025-10-01 |
Denied |
IFP |
appellate-review constitutional-challenge criminal-procedure second-amendment statutory-interpretation strickland-standard |
1. Whether 21 O.S. § 645, 644B are unconstitutional, as applied to Petitioner, because they violate the Second Amendment to the United States Constitu… |
| 25-5771 |
Jared Wade Hinman, Sr. v. Illinois |
Illinois |
2025-10-01 |
Denied |
Response WaivedIFP |
appellate-review constitutional-error criminal-procedure due-process sufficiency-of-evidence trier-of-fact |
1. Did the blanket refusal, by the Appellate Court of Illinois, to 'substitute their judgement for that of the Trier of Fact ', deny an affirmative de… |
| 25-5769 |
Robert Scott Kennedy v. United States |
Eleventh Circuit |
2025-09-30 |
Denied |
Response WaivedIFP |
armed-career-criminal burglary-statute criminal-procedure predicate-offense sentencing-guidelines statutory-interpretation |
1. Whether Mr. Kennedy was erroneously sentenced as an armed career criminal and received sentencing guidelines enhancements based on two prior Georgi… |
| 25A346 |
Caylon James Washington v. Texas |
Texas |
2025-09-25 |
Presumed Complete |
|
criminal-procedure hearsay-objection rebuttal-witness sexual-assault substantial-rights trial-court-discretion |
Whether the admission of a rebuttal witness's testimony over a defendant's hearsay objection constitutes a reversible error in a sexual assault prosec… |
| 25-5716 |
Jesus Meraz-Ramirez v. United States |
Fifth Circuit |
2025-09-24 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5720 |
Gregory Bartunek v. United States |
Eighth Circuit |
2025-09-24 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process judicial-fact-finding jury-trial sentencing |
Whether the rights of due process and to a jury trial are violated when courts impose sentences that, but for a judge-found fact, including, but not l… |
| 25-5721 |
Jacob Joshad Robinson v. United States |
Fifth Circuit |
2025-09-24 |
Denied |
Response WaivedIFP |
as-applied-challenge criminal-procedure felon-in-possession firearm-possession historical-tradition second-amendment |
Whether courts should analyze as-applied Second Amendment challenges to 18 U.S.C. §922(g)(1) by examining whether historical tradition supports perman… |
| 25A338 |
Earl Howard v. New York |
New York |
2025-09-24 |
Presumed Complete |
|
appellate-review criminal-defendant criminal-procedure due-process leave-to-appeal state-court |
Whether a state appellate court's summary denial of leave to appeal without a substantive opinion violates a criminal defendant's due process rights t… |
| 25-336 |
Elsie Franklin v. Kentucky |
Kentucky |
2025-09-23 |
Denied |
|
adequate-opportunity confrontation-clause criminal-procedure cross-examination evidence-standard prior-testimony |
In Crawford v. Washington, 541 U.S. 36 (2004), this Court held that, under the Confrontation Clause, an unavailable witness's prior testimony "is admi… |
| 25-5706 |
John Allen Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-09-23 |
Denied |
IFP |
criminal-procedure false-testimony fifth-circuit-review habeas-corpus ineffective-assistance napue-claim |
1. Did the Fifth Circuit err in refusing to certify the Napue claim, when it failed to reach punishment-phase harm and when it conflated the question … |
| 25A332 |
Olegario Lares-De La Rosa v. United States |
Ninth Circuit |
2025-09-23 |
Presumed Complete |
|
criminal-procedure federal-public-defender ninth-circuit petition-for-certiorari supreme-court-rules time-extension |
Whether the Ninth Circuit's judgment in a criminal case warrants Supreme Court review for potential legal error |
| 25-5711 |
Jermal Williams v. Louisiana |
Louisiana |
2025-09-23 |
Denied |
Response WaivedIFP |
circumstantial-evidence constitutional-law criminal-procedure due-process fourteenth-amendment standard-of-proof |
Under the due process clause of the U.S. Constitution Amendment XIV, is La. R.S. 15:438 a higher standard of proof than Jackson v. Virginia, 443 U.S. … |
| 25-5696 |
Anatole Mbe v. United States |
Ninth Circuit |
2025-09-22 |
Pending |
IFP |
appeal-waiver criminal-procedure legal-error plea-agreement restitution sentencing |
Did petitioner's appeal waiver as part of his plea agreement preclude an appeal challenging the amount imposed for restitution on grounds that the gov… |
| 25-5685 |
Anthony Lemicy v. United States |
Eighth Circuit |
2025-09-19 |
Denied |
Response WaivedIFP |
child-exploitation constitutional-violation criminal-procedure evidentiary-sufficiency specific-intent statutory-interpretation |
I. CAN THE GOVERNMENT PROVE THE SPECIFIC INTENT OF "USE" "FOR THE PURPOSE" WITHOUT
THE MINORS TESTIFYING(direct evidence), OR CIRCUMSTANTIAL EVIDENCE… |
| 25-5646 |
John C. Miller v. Indiana |
Indiana |
2025-09-16 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-waiver criminal-procedure due-process fourth-amendment state-constitution |
Whether of not the decision made on March 13, 2025 by the Indiana Supreme Court was in error. Based on the substantive argument made by the Defendant'… |
| 25-5650 |
Deangelus Thomas v. United States |
Sixth Circuit |
2025-09-16 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure harmless-error sentencing-guidelines shepard-documents sixth-amendment |
(1) Does the ACCA occasions-different inquiry, requiring a detailed, multi-factored analysis of the facts surrounding at least three prior offenses—fa… |
| 25-5651 |
Jose Henry Hernandez-Garcia v. United States |
Fourth Circuit |
2025-09-16 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion evidence-weighing judicial-review motion-for-new-trial trial-standard |
Whether a district court abuses its discretion when ruling on a defendant's motion for a new trial by not independently weighing the evidence presente… |
| 25-294 |
Juan Carlos Sandoval-Rodriguez v. United States |
Fourth Circuit |
2025-09-15 |
Denied |
Response Waived |
constitutional-law criminal-procedure due-process jury-instructions reasonable-doubt sixth-amendment |
Whether trial judges must define "reasonable doubt" for the jury upon the defendant's request. |
| 25-5630 |
Geneva Kristina Hudson v. United States |
Eighth Circuit |
2025-09-15 |
Denied |
Response WaivedIFP |
criminal-procedure evidentiary-hearing habeas-corpus ineffective-assistance plea-bargaining section-2255 |
1. Must a petitioner alleging ineffective assistance of counsel in advising whether to plead guilty demonstrate a predisposition to pleading guilty as… |
| 25A293 |
Martin Renteria v. United States |
Fifth Circuit |
2025-09-15 |
Presumed Complete |
|
arrest-warrant criminal-procedure ineffective-assistance probable-cause search-warrant sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated when trial and appellate counsel failed to challenge potentially unc… |
| 25-5625 |
Fred Krug v. New Jersey State Parole Board |
New Jersey |
2025-09-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure ex-post-facto parole-law retroactive-application sentencing-benefit |
Whether the Ex Post Facto Clause protects against the retroactive removal of a substantial sentencing benefit that is conferred after the date of offe… |
| 25-5618 |
Jamil Jones v. United States |
Ninth Circuit |
2025-09-11 |
Denied |
Response WaivedIFP |
criminal-procedure fifth-amendment mitchell-precedent right-to-silence self-incrimination sentencing |
Whether the failure to apologize or express remorse violates the
Fifth Amendment right to remain silent at sentencing, a question left open by
Mitchel… |
| 25-5619 |
Michael Garrick Denson v. United States |
Eighth Circuit |
2025-09-11 |
Denied |
Response WaivedIFP |
criminal-procedure dangerous-weapon evidence-sufficiency jury-verdict sentencing-enhancement sentencing-guidelines |
1. Whether there was sufficient evidence to sustain the jury verdicts.
2. Whether the court erred in applying a two-level sentencing enhancement for … |
| 25-5580 |
Moises Moreno v. United States |
Ninth Circuit |
2025-09-09 |
Denied |
Response WaivedIFP |
chemical-compound constitutional-rights criminal-procedure due-process forensic-analysis sentencing |
Did David L. Rallens' (act) of sending a Private Investigator Coteban Hearnandez to MEXICO Violate my Constitutional Rights and Due Process law Under … |
| 25-5588 |
Terry Willis v. United States |
Sixth Circuit |
2025-09-09 |
Denied |
Response WaivedIFP |
criminal-procedure judicial-involvement lafler-v-cooper missouri-v-frye plea-negotiations sentencing-exposure |
The district court participated in plea discussions, in violation of Federal Rule Criminal Procedure 11(c)(1), by discussing the merits of a plea offe… |
| 25-5576 |
Nadege Auguste v. United States |
Eleventh Circuit |
2025-09-08 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-statute money-or-property right-to-control wire-fraud |
I. Do employment and its employee benefits constitute the "money or property" of the employer for the purpose of the federal wire fraud statute, 18 U.… |
| 25-5542 |
Francis Burns v. United States |
Seventh Circuit |
2025-09-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process federal-tax-code tax-law taxpayer-bill-of-rights |
1. Was Petitioner, Francis Burns denied his Constitutionally-protected Common Law right under the Taxpayer Bill of Rights where the UNITED STATES OF A… |
| 25-5556 |
Louis Age, Jr. and Ronald Wilson v. United States |
Fifth Circuit |
2025-09-04 |
Denied |
Response WaivedRelisted (2)IFP |
business-record confrontation-clause criminal-procedure due-process evidence-authentication hearsay-exception |
1. Whether the Confrontation Clause permits the prosecution in a criminal trial to present to the jury, in lieu of live testimony and over defense obj… |
| 25A261 |
William Housman v. David W. Sunday, Jr., Attorney General of Pennsylvania |
Third Circuit |
2025-09-04 |
Presumed Complete |
|
certificate-of-appealability criminal-procedure federal-review habeas-corpus state-conviction third-circuit |
Whether the Third Circuit improperly denied a certificate of appealability for a federal habeas corpus petition challenging a state criminal convictio… |
| 25-247 |
Charles L. Payne, II v. Ohio |
Ohio |
2025-09-03 |
Denied |
|
criminal-procedure due-process fourteenth-amendment prosecutorial-vouching sixth-amendment witness-credibility |
Under the Sixth and Fourteenth Amendments to the United States Constitution, a defendant has a right against a prosecutor or law enforcement vouching … |
| 25-5533 |
Stanton Guillory v. United States |
Fifth Circuit |
2025-09-03 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split criminal-procedure evidence-admissibility propensity-evidence rule-404b witness-testimony |
Federal Rule of Evidence 404(b) prohibits the use of a defendant's other bad acts to argue he has a propensity to commit a crime. The Government never… |
| 25-5539 |
Louis Age, III v. United States |
Fifth Circuit |
2025-09-03 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause criminal-procedure due-process fifth-circuit-review rule-404b sufficiency-of-evidence |
I. Did the Fifth Circuit erroneously apply federal law in finding that the evidence at trial was sufficient to establish the crimes beyond a reasonabl… |
| 25-5512 |
Robert Andrew Bartlett, Sr. v. North Carolina |
North Carolina |
2025-09-02 |
Denied |
IFP |
constitutional-rights counsel-claim criminal-procedure ineffective-assistance post-conviction-review state-law |
Whether a trial in a state criminal case who is prevented by state law from raising a claim of ineffective assistance of counsel, who has a state law … |
| 25-5513 |
In Re Olamide Olatayo Bello |
|
2025-09-02 |
Dismissed |
Response WaivedIFP |
appellate-jurisdiction criminal-procedure district-court mandamus notice-of-appeal pro-se |
Whether an Appellant that Proceeded On Appeal Pro Se Oriel Intention^ did So and Without a Course/ and (AUfMout Qnj notice <% Appearance fronn arug Co… |
| 25-5515 |
Jessie Smith, III v. United States |
Ninth Circuit |
2025-09-02 |
Denied |
Response WaivedIFP |
brady-disclosure constitutional-safeguards criminal-procedure due-process revocation-hearing supervised-release |
Does the Due Process Clause require that district courts apply the constitutional safeguards of Brady v. Maryland when a defendant faces a revocation … |
| 25A239 |
Demeccio Caston v. Louisiana |
Louisiana |
2025-08-29 |
Presumed Complete |
|
confrontation-clause crawford-precedent criminal-procedure hearsay sixth-amendment testimonial-evidence |
Whether the Confrontation Clause permits introduction of inculpatory evidence through an investigating officer when the underlying witness does not te… |
| 25A244 |
Tremon Staley v. United States |
Eleventh Circuit |
2025-08-29 |
Presumed Complete |
|
appellate-review criminal-procedure eleventh-circuit federal-jurisdiction statutory-interpretation supreme-court-remand |
Whether the Eleventh Circuit's decision on remand from the Supreme Court improperly applied federal criminal procedural standards in reviewing the pet… |
| 25-237 |
Bruce Mason v. Delaware, et al. |
Third Circuit |
2025-08-28 |
Denied |
Response Waived |
brady-violation circuit-split criminal-procedure due-process prosecutorial-disclosure witness-impeachment |
1. Whether the State's failure to disclose that its centerpiece witness was admitted to a psychiatric hospital prior to testifying, which was discover… |
| 25-5490 |
Travis Broeker v. United States |
Eighth Circuit |
2025-08-28 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-split constitutional-review criminal-procedure drug-liability judicial-review |
Broeker s case set precedent in the 8th Circuit that undermines "Burrage " presuming any drug deal that precedes a< death causes it and putting the bu… |
| 25-5500 |
Clarence C. Roland, III v. United States |
Fifth Circuit |
2025-08-28 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process evidence-admission fair-trial separate-sovereigns |
1. Whether eliciting the fact and details of a defendant's conviction in a separate sovereign —including that it was for the same conduct and that the… |
| 25-5488 |
Missouri, ex rel. Ricardo Williams v. Thomas C. Albus, Interim United States Attorney |
Missouri |
2025-08-27 |
Denied |
IFP |
constitutional-rights criminal-procedure domestic-assault due-process protection-order sixth-amendment |
Where the State violate the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty… |
| 25-5470 |
Hombra Lavail Williams v. United States |
Eighth Circuit |
2025-08-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure district-court-discretion esteras-precedent sentencing-factors statutory-interpretation supervised-release |
Whether, in light of this Court's decision in Esteras v. United States, 145 S. Ct. 2031 (2025) and in order to maintain uniform application of this Co… |
| 25A220 |
Roberto Lopez-Ortiz v. Massachusetts |
Massachusetts |
2025-08-26 |
Presumed Complete |
|
appellate-review criminal-procedure discretionary-review due-process state-court time-extension |
Whether a state supreme court's denial of a discretionary extension of time for seeking further appellate review violates a criminal defendant's due p… |
| 25A225 |
Terrance Douglas Baker v. United States |
Ninth Circuit |
2025-08-26 |
Presumed Complete |
|
appellate-review criminal-procedure due-process mandate-compliance sentence-modification sentencing-enhancement |
Whether a district court may impose a substantially equivalent sentence through alternative sentencing enhancements after a partial reversal and reman… |
| 25A226 |
Eric C. Burgie v. Arkansas |
Arkansas |
2025-08-26 |
Presumed Complete |
|
capital-murder claim-preclusion criminal-procedure jurisdictional-challenge res-judicata underlying-felony |
Whether claim preclusion (res judicata) bars a criminal defendant from repeatedly challenging the jurisdictional basis of a capital murder conviction … |
| 25-222 |
Victor Everette Silvers v. United States |
Sixth Circuit |
2025-08-25 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
criminal-procedure fifth-amendment judicial-notice maritime-jurisdiction sixth-amendment trial-by-jury |
Certain federal criminal offenses under Title 18 of the United States Code, including under § 1(b) (murder), § 1113 (attempted murder or manslaughter)… |
| 25-5465 |
David Nicholson v. United States |
Fifth Circuit |
2025-08-25 |
Denied |
Response WaivedIFP |
constructive-possession controlled-substance criminal-procedure dominion-and-control intent-to-distribute post-offense-admission |
Whether a conviction under 21 U.S.C. § 841 for possession with intent to distribute a controlled substance can be sustained based solely on (1) constr… |
| 25-219 |
Jay Warren Arnold v. Texas |
Texas |
2025-08-22 |
Denied |
|
constitutional-challenge criminal-procedure due-process habeas-corpus right-to-counsel sixth-amendment |
Is the statute under which the Texas Court of Criminal Appeals dismissed petitioner's application for writ of habeas corpus, Texas Code of Criminal Pr… |
| 25-5435 |
Antuan L. Wynn v. United States |
Sixth Circuit |
2025-08-22 |
Denied |
Response WaivedIFP |
conspiracy-law constitutional-rights criminal-procedure drug-trafficking due-process evidence-standard |
Whether charging a single conspiracy with proof of a chain of distribution relationships, and without proof that a defendant agreed to join the broade… |
| 25-5444 |
Steven Wilson v. United States |
Third Circuit |
2025-08-22 |
Denied |
Response WaivedIFP |
criminal-procedure dismissed-charges district-court judicial-review sentencing-colloquy third-circuit |
WHETHER THE THIRD CIRCUIT ERRED IN DETERMINING THAT THE SENTENCING COLLOQUY OF THE DISTRICT COURT DID NOT UNAMBIGUOUSLY SHOW THE DISTRICT COURT CONSID… |
| 25-5446 |
Javier Perez v. United States |
Ninth Circuit |
2025-08-22 |
Denied |
Response WaivedIFP |
bodily-injury criminal-procedure enhancement-standard judicial-discretion legal-interpretation sentencing-guidelines |
Should application of the four-level sentencing enhancement for "permanent or life-threatening bodily injury" under U.S.S.G. § 2A2.1(b)(1)(A) require … |
| 25A213 |
In Re Gavin B. Davis |
Fifth Circuit |
2025-08-22 |
Presumed Complete |
|
constitutional-rights criminal-procedure faretta-waiver pro-se-representation right-to-counsel sixth-amendment |
Whether a criminal defendant's Sixth Amendment right to counsel is violated when a court forces them to proceed pro se without a valid Faretta waiver … |
| 25-5427 |
Rufus E. Dennis v. United States |
Eighth Circuit |
2025-08-21 |
Denied |
Response WaivedIFP |
base-offense-level criminal-procedure district-court hobbs-act sentencing-guidelines upward-variance |
1. Did the Defendant "possess" a handgun for the purposes of the
sentencing court assessing a 5 point level increase to his base offense level,
pursua… |
| 25-5429 |
Anthony Brian Walker v. United States |
Tenth Circuit |
2025-08-21 |
Denied |
Response WaivedIFP |
affirmative-defense criminal-procedure jury-instructions self-defense sua-sponte substantial-evidence |
1. In a criminal prosecution, when an affirmative defense—such as imperfect self-defense—is supported by substantial evidence, does the trial court ha… |
| 25A204 |
Jairo Arnaldo Jacome v. United States |
Fourth Circuit |
2025-08-20 |
Presumed Complete |
|
criminal-procedure fourth-circuit jury-instructions plain-error rico-conspiracy substantial-rights |
Whether a variance between oral and written jury instructions constitutes reversible error when the parties were aware of the discrepancy but did not … |
| 25-5396 |
Gregory K. Parks v. Jamie Bullard, Warden |
Fourth Circuit |
2025-08-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions trial-counsel |
t^VA - jo pAVcrA "Me GovemmenA anl Me flnieA rr)en~f n^M"J,
cinooSe. 4t> use leyA glSl&inct. 4o comply unM lU Rr$A rfme^AmenV
t^VA - jo pAVcrA "Me G… |
| 25-5398 |
Ricky L. Miller, Jr. v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2025-08-19 |
Rehearing |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial sixth-amendment |
(1)
DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF A
MYRIAD OF SUPREME COURT SIXTH AMENDMENT RIGHT TO
TRIAL BY JURY PRECEDENTS MISAPPREHEND … |
| 25-200 |
Kevin Salvador Golphin v. North Carolina |
North Carolina |
2025-08-19 |
Denied |
Response Waived |
constitutional-law criminal-procedure eighth-amendment juvenile-sentencing life-without-parole sentencing-discretion |
Whether North Carolina, in conflict with this Court's precedents and those of other states, has violated the Eighth Amendment by creating a de facto m… |
| 25-5400 |
Andrew Charles Beard v. United States |
Fifth Circuit |
2025-08-19 |
Rehearing |
Response WaivedRelisted (5)IFP |
constitutional-claim criminal-procedure federal-prosecution plea-waiver sentencing-enhancement statutory-construction |
1. Whether challenging an invalid 18 U.S.C. §924(c) conviction is a "constitutional claim" that extinguishes the government's power to enforce defenda… |
| 25-5404 |
Darren Smith v. United States |
Second Circuit |
2025-08-19 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure mitigation-arguments official-victim-enhancement procedural-error sentencing-guidelines |
Whether a district court commits procedural error under 18 U.S.C. § 3553, Rita v. United States, 551 U.S. 338 (2007), and Gall v. United States, 552 U… |
| 25-5406 |
Malgum Whiteside, Jr. v. United States |
Sixth Circuit |
2025-08-19 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-suppression fourth-amendment law-enforcement probable-cause search-warrant |
I. Mr. Whiteside moved to suppress the evidence related to the firearms because the affidavit did not establish a nexus. Did the district court improp… |
| 25A196 |
Gustavo Tijerina Sandoval v. Texas |
Texas |
2025-08-19 |
Presumed Complete |
|
appellate-review capital-murder criminal-procedure due-process life-sentence texas-criminal-law |
Whether a state appellate court's affirmance of a criminal conviction and life sentence comports with due process when the underlying trial may have i… |
| 25-5387 |
Robert Narvett v. United States |
Seventh Circuit |
2025-08-18 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement rule-11-hearing |
Did the Appeals Court error by claiming Movants substantial rights were not affected after conceeding that the District Court accepted the Movants ple… |
| 25-5376 |
Wesley Swick v. United States |
Fifth Circuit |
2025-08-15 |
Pending |
IFP |
criminal-procedure federal-law fugitive-tolling habeas-corpus sentencing supervised-release |
I. Whether the fugitive-tolling doctrine applies in the context of supervised release. Rico v. United States, No. 24-1056, presents the same question. |
| 25-5383 |
Oscar Barrios v. United States |
Fifth Circuit |
2025-08-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review constitutional-violation criminal-procedure double-jeopardy judicial-discretion plain-error |
Whether the absence of a binding, on-point decision of either this Court, or of the reviewing court of appeals, is enough to preclude the potential fo… |
| 25-5356 |
Oscar Oropeza v. Hector Rios, Warden, et al. |
Tenth Circuit |
2025-08-14 |
Denied |
IFP |
compulsory-process constitutional-rights criminal-procedure cross-examination due-process witness-testimony |
Question not identified. |
| 25-5362 |
Nathaniel Blancher v. United States |
Eleventh Circuit |
2025-08-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure evidentiary-hearing guilty-plea ineffective-assistance plea-agreement |
Whether a guilty plea becomes knowing, intelligent, and voluntary when the plea agreement inaccurately describes the penalty provision of the statute … |
| 25-5365 |
Omar Alonso Pazos-Montes v. United States |
Fifth Circuit |
2025-08-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5367 |
Clevern A. Granger v. Andrea Tack, Warden |
Fifth Circuit |
2025-08-14 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process habeas-corpus |
Question not identified. |
| 25-5336 |
Terrell McCoy v. Stephen Duncan, Warden |
Fourth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
amendment constitutional-rights counsel criminal-procedure due-process evidence |
Question not identified. |
| 25-5341 |
Kenneth Jeremy Laird v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure eighth-amendment juvenile-sentencing sentencing-discretion supreme-court-precedent |
In 1994, an Arizona judge sentenced Mr. Laird to death for a murder conviction and a total of 129 years in prison for 13 other nonhomicide crimes. Mr.… |
| 25-5342 |
Raymond Arthur Verrill v. United States |
Fifth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion plain-error sentencing-guidelines sentencing-standard |
Some sentencing judges routinely assert that they would have selected the exact same sentence regardless of any error in applying the Sentencing Guide… |
| 25-5343 |
Kendrick Jarrell Beaird v. United States |
Fifth Circuit |
2025-08-13 |
Pending |
IFP |
constitutional-law criminal-procedure federal-sentencing-guidelines firearms-regulation second-amendment statutory-interpretation |
I. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment?
II. Whether Stinson v. United States still accurately state the level of deferen… |
| 25-5344 |
Elliot Maurice Browning v. United States |
Fourth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
armed-criminal-act constitutional-interpretation criminal-procedure harmless-error jury-determination sentencing-enhancement |
DOES THE COURT'S DECISION IN ERLINGER V. UNITED STATES , 602 U.S. 821 144 S.CT. 1840 _ L.ED.2D_(2024) REQUIRING THAT A JURY PASS ON THE THREE SEPARATE… |
| 25-5345 |
Arturo Navarro-Zuniga v. United States |
Ninth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
confession-admissibility criminal-procedure law-review miranda-warning objective-effectiveness subjective-intent |
In Missouri v. Seibert, 542 U.S. 600 (2004), the Court issued a fractured decision regarding "midstream Miranda warnings," i.e., when police question … |
| 25-5325 |
Robert W. Hassett, III v. Delaware |
Delaware |
2025-08-12 |
Denied |
Relisted (2)IFP |
capital-sentencing constitutional-amendments criminal-procedure death-penalty due-process jury-instructions |
1. Whether the Eighth^hdil '4th Amendments to the United States Constitution are violated,
and this Court 's holdings are contradicted, 1 when a cour… |
| 25-166 |
Jose Joya Parada, Oscar Armando Sorto Romero, Milton Portillo Rodriguez, and Juan Carlos Sandoval Rodriguez v. United States |
Fourth Circuit |
2025-08-12 |
Denied |
Amici (6)Response RequestedResponse WaivedRelisted (2) |
constitutional-interpretation criminal-procedure jury-size jury-trial-right nonunanimous-jury sixth-amendment |
Whether the Court should overrule Williams v. Florida, 399 U.S. 78 (1970). |
| 25-5329 |
Duane Gary Underwood, II v. United States |
Sixth Circuit |
2025-08-12 |
Denied |
Response WaivedIFP |
criminal-procedure motion-to-suppress other-acts-evidence reasonable-suspicion search-and-seizure voir-dire |
I. Mr. Underwood challenged his seizure and search because there was no reasonable suspicion to justify the detention and search. Did the court err in… |
| 25-5309 |
Tedor Davido v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2025-08-08 |
Pending |
IFP |
criminal-procedure due-process false-testimony probable-cause self-representation warrant-exception |
1. In light of this Court's recent grant of certiorari in Case v. Montana to resolve the question of whether the emergency aid exception to the warran… |
| 25A166 |
Jason Elysse v. Florida |
Florida |
2025-08-07 |
Presumed Complete |
|
continuance-motion criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion |
Whether a criminal defendant's constitutional right to counsel is violated when a trial court denies a last-minute motion to substitute private counse… |
| 25-5279 |
Evan McCarrick Jerald v. Arizona |
Arizona |
2025-08-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure eighth-amendment juvenile-sentencing life-without-parole sentencing-guidelines |
Under Graham v. Florida, the Eighth Amendment "prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit ho… |
| 25-5282 |
Jackson Daniel Bowers v. United States |
Ninth Circuit |
2025-08-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process jury-trial sixth-amendment supervised-release |
In United States v. Haymond , 139 S. Ct. 2369 (2019) , a 4-1-4 decision, this Court left undecided the question of how the Sixth Amendment's jury -tri… |
| 25-5283 |
Deandre Blackman v. United States |
Sixth Circuit |
2025-08-05 |
Denied |
Response WaivedIFP |
criminal-procedure judicial-discretion revocation-hearing sentencing-factors statutory-interpretation supervised-release |
Whether courts may rely on the 18 U.S.C. § 3553(a)(2)(A) factors when determining the length and conditions of additional supervision following a supe… |
| 25A145 |
Jeremy Baum v. Missouri |
Missouri |
2025-08-05 |
Presumed Complete |
|
appellate-review criminal-procedure due-process jury-instructions sexual-trafficking sufficiency-of-evidence |
Whether an appellate court's affirmance of a criminal conviction on a legal ground not presented to the original jury constitutes a violation of the d… |
| 25-5257 |
Eric Sean Roloson v. Washington |
Washington |
2025-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process involuntary-plea plea-bargaining prosecutorial-misconduct sentencing-alternative |
Whether the State's misrepresentation that the victims would support a SSOSA rendered Petitioner's plea involuntary, in violation of the Due Process C… |
| 25-111 |
Timothy Carver v. United States |
Sixth Circuit |
2025-07-30 |
Denied |
Response Waived |
criminal-procedure due-process expert-testimony insanity-defense mental-defect neurodegenerative-disease |
1. Whether the appellate court erred in affirming the district court's rejection of Mr. Carver's insanity defense, where expert medical testimony esta… |
| 25-5238 |
In Re Dennis Griffith |
|
2025-07-30 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-counsel fair-trial legal-access |
Does cl iHValiJ usurer ot Counsel hearing and no access to fke. Courts, don^ aJ+k etker ~
pcetrid violations o'? Conrhtutiond rigkts 5cJ Compulsory p… |
| 25A125 |
Markeisha Elliott v. Shannon Olds, Warden |
Sixth Circuit |
2025-07-30 |
Presumed Complete |
|
criminal-procedure due-process ineffective-assistance jury-instructions murder-conviction sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel requires reversal of a murder conviction where trial counsel allegedly failed to … |
| 25-5225 |
Manuel Vega v. United States |
Ninth Circuit |
2025-07-29 |
Denied |
Response WaivedIFP |
criminal-procedure multiple-violations prison-term sentencing statutory-interpretation supervised-release |
A court, in imposing sentence upon a criminal
defendant, may include as part of the sentence a term of
supervised release. If the defendant violates t… |
| 25-5227 |
Derrick Kellen Mitchell v. United States |
Sixth Circuit |
2025-07-29 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process guilty-plea plea-understanding sixth-circuit |
I. Should the Court grant certiorari to consider if the Sixth
Circuit has improperly deviated from this Court's
requirement, grounded in the Due Proce… |
| 25-5230 |
Victor Samuel Brito v. United States |
Ninth Circuit |
2025-07-29 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment jury-instruction necessity-defense sixth-amendment |
Whether the Fifth and Sixth Amendments guarantee a criminal defendant the right to have a jury consider and give effect to a necessity defense when th… |
| 25A124 |
Steven Nicholas Fulton v. United States |
Fourth Circuit |
2025-07-29 |
Presumed Complete |
|
appellate-reversal criminal-procedure felony-status jury-instruction prior-conviction standard-of-review |
Whether a district court's determination of a defendant's prior felony conviction status is a question of law to be decided by the court, not submitte… |
| 25-5204 |
Mario Onesimo Gonzalez v. United States |
Ninth Circuit |
2025-07-28 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure drug-evidence expert-testimony hearsay sixth-amendment |
Whether a drug value "expert" contravenes the Confrontation Clause and Smith v. Arizona, 602 U.S. 779 (2024), when her testimony about the value of dr… |
| 25-5207 |
Jessica Salazar v. United States |
Ninth Circuit |
2025-07-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process first-amendment prosecutorial-misconduct religious-freedom |
In the criminal trial of Jessica Salazar, the prosecutor placed repeated emphasis on Ms. Salazar's request for a prayer. It was the first line of the … |
| 25-5210 |
Lisa Marie Perez, fka Lisa Marie Belyew v. Lavelle Parker, Warden |
Ninth Circuit |
2025-07-28 |
Denied |
Response WaivedIFP |
counsel-competence criminal-procedure due-process ineffective-assistance mental-coercion plea-bargaining |
1) wynether, bo etal a videdton of ritlaredl V. WashingIon, Aloo US. % (14) a defendant nust snow 'Anak dw was competent to tao mK Peo Wriroud Mantel … |
| 25-5212 |
Jacquel O'Neal v. Texas |
Texas |
2025-07-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure effective-assistance jury-instruction sixth-amendment statutory-defense |
Does the Sixth Amendment's guarantee of effective assistance of counsel require an attorney to request a jury instruction on the sole statutory defens… |
| 25-5213 |
Cimeon Dion Williams v. United States |
Fifth Circuit |
2025-07-28 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility constitutional-principles criminal-procedure mental-illness post-plea-misconduct sentencing-guidelines |
Whether a district court may deny a reduction for acceptance of responsibility under USSG § 3E1.1 based solely on uncorroborated allegations of post p… |
| 25-5200 |
Isaias Lopez Nunez v. Martin Gamboa, Warden |
Ninth Circuit |
2025-07-25 |
Denied |
Response WaivedIFP |
criminal-procedure ex-post-facto ineffective-assistance ninth-circuit procedural-default sentencing |
(1) Whether the California courts' and Ninth Circuit's rejection of an Ex Post Facto Clause claim—where a more punitive law was applied at sentencing,… |
| 25-5191 |
Steven Edward Stein v. Florida |
Florida |
2025-07-24 |
Denied |
IFP |
brady-violation criminal-procedure due-process evidence-suppression materiality-standard prosecutorial-misconduct |
1. Whether the Florida Supreme Court's determination that "equally accessible" evidence has not been suppressed by the State is contrary to Brady and … |
| 25-85 |
Alireza Bakhtiari v. United States |
Eighth Circuit |
2025-07-23 |
Denied |
Response Waived |
actual-innocence circuit-split coram-nobis criminal-procedure due-process habeas-waiver |
1) This Court holds a defendant's right to plead guilty knowingly, voluntarily and intelligently in highest regard and comes back to it once every dec… |
| 25-5176 |
Mario Gabriel Rodgers v. United States |
Fifth Circuit |
2025-07-23 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-interpretation |
Does 18 U.S.C. § 3583(g) comport with the Fifth and Sixth Amendments? |
| 25-5180 |
Sherrod Anthony Wright v. Florida |
Florida |
2025-07-23 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights jury-trial sixth-amendment state-court waiver |
Whether the ancient right enshrined in the Sixth Amendment to trial by a twelve-member jury applies to a state court trial for major felonies where th… |
| 25-5167 |
Monique C. Wallace v. Cedar Hill Dental |
District of Columbia |
2025-07-22 |
Denied |
Relisted (2)IFP |
compensation evidence justice legal-action mental-health service |
ftx'ift carfees for t-egoi! acfeons ctrtd is f-elevarff to -f/iis case- (rw +o
teiwj i<pv and abandoned tjf rtfe-foiwr fefefefe Kmv /to-Hiiw; about de… |
| 25-5168 |
John E. Jackson v. United States |
Third Circuit |
2025-07-22 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure double-jeopardy due-process punishment sentencing |
John Jackson fully completed his sentence while the government's second appeal was still pending. He argued at the third and fourth sentencings that t… |
| 25-5171 |
Reginald Hitchcock v. United States |
Sixth Circuit |
2025-07-22 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process evidentiary-hearing hearsay-evidence sixth-amendment |
1. whether The Person's Who Supplied The Hearsay Statement That Amounted to Probable Cause En A Affidavit ov Search Warrant Need To Be Reliable ©
2. … |
| 25-5154 |
Elijah Muhammad v. United States |
Fifth Circuit |
2025-07-21 |
Denied |
Response WaivedIFP |
appellate-review breach-of-contract criminal-procedure due-process four-corners-doctrine plea-agreement |
1. Whether a court should only look at the "four corners" of the plea agreement language when determining whether a breach of the plea agreement occur… |
| 25-72 |
James Randall Moehle v. Florida |
Florida |
2025-07-21 |
Denied |
Response WaivedRelisted (3) |
constitutional-mandate criminal-procedure felony-trial jury-composition sixth-amendment williams-precedent |
Whether this Court should reevaluate its decision in Williams v. Florida, 399 U.S. 78 (1970), and hold that twelve-person juries are constitutionally … |
| 25A78 |
Benny Lee Hodge v. Laura Plappert, Warden |
Sixth Circuit |
2025-07-21 |
Presumed Complete |
|
constitutional-review criminal-procedure en-banc federal-review habeas-corpus sixth-circuit |
Question not identified. |
| 25-5146 |
Ahmad Abouammo v. United States |
Ninth Circuit |
2025-07-18 |
Pending |
Amici (6)Relisted (2)IFP |
criminal-procedure federal-rules indictment prosecutorial-discretion statute-of-limitations venue-statute |
1. Whether venue is proper in a district where no offense conduct took place, so long as the statute's intent element "contemplates" effects that coul… |
| 25-5149 |
Jerrell Sims v. United States |
Fifth Circuit |
2025-07-18 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 25-5151 |
J. Ines Ruiz-Rivera v. United States |
Ninth Circuit |
2025-07-18 |
Denied |
Response WaivedIFP |
confession-admissibility criminal-procedure due-process harmless-error ninth-circuit supreme-court-precedent |
Whether courts should follow the direction of Fulminante and use "extreme caution" before finding the admission of a confession is harmless error. |
| 25-5137 |
Joel Salcedo v. United States |
Ninth Circuit |
2025-07-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus sixth-amendment speedy-trial |
Whether Mr. Salcedo was deprived of his right to a speedy trial in violation of his Sixth Amendment Guarantee by the United States Constitution. |
| 25-5144 |
Gregory Michael Hawes v. Seth Norris, Warden |
Wyoming |
2025-07-17 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split constitutional-rights criminal-procedure due-process mandatory-minimum |
Whether this Court should resolve a 9'8 split amongst State Courts of Last Resort, when rulings, influenced by this Courts decisions, unconstitutional… |
| 25-5119 |
Steven Dwayne Rigmaiden v. Louisiana |
Louisiana |
2025-07-16 |
Denied |
Response WaivedIFP |
criminal-appeal criminal-procedure louisiana-courts murder-evidence reasonable-doubt sufficiency-of-evidence |
WHETHER THE LOUISIANA COURT OF APPEALS AND THE LOUISIANA SUPREME COURT ERRED WHEN IT DENIED PETITIONER'S CLAIM RAISED ON DIRECT APPEAL, THAT THE EVIDE… |
| 25-5121 |
Torris Bernard Hill v. Florida |
Florida |
2025-07-16 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process evidence-standards |
Was Petitioner's fundamental 5th and 14th Amendment Constitutional due process right violated by the Court when the prosecutor failed to prove prior j… |
| 25-5122 |
Raheem Brown v. United States |
Third Circuit |
2025-07-16 |
Denied |
Response WaivedIFP |
criminal-procedure fair-trial fourteenth-amendment ineffective-assistance-of-counsel right-to-testify sixth-amendment |
Is a criminal defendant's Sixth and Fourteenth Amendment right to testify and to receive a fair trial abridged where trial counsel announces to the ju… |
| 25-5106 |
Milad Shaker v. United States |
Third Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
constitutional-claims criminal-procedure due-process fraud-on-court jurisdictional-nullity post-conviction-relief |
1. Whether a court may impose sentencing or supervised
release after dismissing a criminal case under Federal
Rule of Criminal Procedure 48(a) , whe… |
| 25-5112 |
Brian Lee Corbett v. United States |
Fourth Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
criminal-procedure district-court judicial-discretion rule-35 sentencing supervised-release |
In this case, the district court held a hearing at which it revoked Corbett's term of supervised release and imposed a term of imprisonment as a resul… |
| 25-5115 |
Gregory Kurzajczyk v. United States |
Second Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fourth-amendment probation-search supervised-release suspicionless-search |
Should the Court should grant the petition in order to resolve a conflict among the Courts of Appeals as to whether a probation officer's suspicionles… |
| 25-5116 |
Mark Ellis v. United States |
Sixth Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking due-process evidence-sufficiency firearm-possession reasonable-doubt |
I. DUE PROCESS REQUIRES SUFFICIENT EVIDENCE TO ALLOW A RATIONAL JURY TO FIND GUILT BEYOND A REASONABLE DOUBT. WHERE THE EVIDENCE THAT A FIREARM WAS PO… |
| 25-54 |
David Lynn Richards, Jr. v. Tennessee |
Tennessee |
2025-07-15 |
Denied |
Response Waived |
adoption criminal-procedure due-process ministerial-status sexual-abuse wrongful-conviction |
Question not identified. |
| 25-5093 |
Hector Manuel Nunez-Cardenas v. United States |
Fifth Circuit |
2025-07-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5095 |
Patrick D. Reed v. George A. Fredrick, Warden |
Sixth Circuit |
2025-07-14 |
Denied |
Response WaivedIFP |
circuit-split confrontation-clause criminal-procedure due-process habeas-corpus out-of-court-statements |
Whether, as three circuits hold in conflict with the Sixth Circuit, clearly established law prohibits an officer's testimony about an absent declarant… |
| 25-5075 |
Mark Jabben v. Texas |
Texas |
2025-07-10 |
Denied |
IFP |
character-evidence confrontation-clause due-process expert-testimony sixth-amendment trial-procedure |
1. Should the Court of Criminal Appeal's overturn the verdict because there
was insufficent evidence of culpability ?
2. Did the State Court violate… |
| 25-5076 |
Shomari Legghette v. Illinois |
Illinois |
2025-07-10 |
Denied |
Response WaivedIFP |
appellate-representation constructive-denial criminal-procedure due-process ineffective-assistance sixth-amendment |
I. Whether defense Counsel's absence at a critical stage constructively denied representation as guaranteed by the sixth amendment.
II. Whether appoi… |
| 25-30 |
Marvin Keith Stitt v. City of Tulsa, Oklahoma |
Oklahoma |
2025-07-09 |
Denied |
|
congressional-authority criminal-jurisdiction criminal-procedure indian-country indian-law tribal-sovereignty |
Whether a state may exercise criminal jurisdiction over an Indian for conduct in Indian country absent a valid congressional grant of authority. |
| 25-5065 |
In Re Derrick L. Johnson |
|
2025-07-09 |
Denied |
Relisted (2)IFP |
actual-innocence constitutional-review criminal-procedure habeas-corpus judicial-jurisdiction preponderance-of-evidence |
REffiritenfs WflV'F tefilioN&tJfJ COMl^V^LAMof^CoiJ^ifoMoF^ Utifeb
CeuRfUftS ToRiSblClioiU Mteiu REfrfion/EA SEEK^AiJEublCATfBfJo^TffS Mer/1s QFUM
Pe… |
| 25-5068 |
Dwayne Anderson v. Ohio |
Ohio |
2025-07-09 |
Denied |
IFP |
bill-of-particulars constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment |
1. Was Dwayne Anderson 's right to be informed of the nature and cause of the
accusation against him violated when the state failed to provide him a … |
| 25-5070 |
Kedrick Johnson v. Louisiana |
Louisiana |
2025-07-09 |
Denied |
Response WaivedIFP |
brady-violation criminal-procedure evidence-disclosure forfeiture-by-wrongdoing legal-disclosure witness-testimony |
Did the State violate Brady v. Maryland when it failed to disclose a June 8, 2010, supplemental police report that would have made key witness Stephen… |
| 25-5042 |
Deshawn Demarcus House v. Jeff Long, Warden, et al. |
Tenth Circuit |
2025-07-08 |
Denied |
Relisted (2)IFP |
competency-to-stand-trial criminal-procedure due-process habeas-corpus judicial-inquiry mental-health |
Question not identified. |
| 25-5044 |
Robert Baise, Jr. v. Phillip Mitchell, Warden, et al. |
Eleventh Circuit |
2025-07-08 |
Denied |
Relisted (2)IFP |
alabama-criminal-code conviction-enhancement criminal-procedure misdemeanor-classification presumptive-sentencing sentencing-enhancement |
Whether Baise conviction's count 104A to 5 and a misdemeanor charge count 093. |
| 25-5048 |
Jeremy Wayne Holt v. Oklahoma |
Oklahoma |
2025-07-08 |
Denied |
IFP |
criminal-procedure discovery-violation due-process hearsay-evidence sixth-amendment speedy-trial |
1. Does a delay of seven years from alleged criminal act to trial trigger the presumption of prejudice under Doggett v. United States, 505 U.S. 647 (1… |
| 25A19 |
Adrian Goudelock v. United States |
Second Circuit |
2025-07-08 |
Presumed Complete |
|
appellate-review criminal-procedure jury-selection party-presentation prosecutorial-theory wholesale-exclusion |
Whether a federal appellate court may affirm a criminal conviction based on alternative legal theories not presented by the government or raised at tr… |
| 25-5058 |
Jose Manuel Ayala-Alas v. United States |
Fifth Circuit |
2025-07-08 |
Denied |
Response WaivedIFP |
criminal-procedure discovery-violation due-process fair-trial interpreter-rights sentencing-enhancement |
1. Whether the district court violated Mr. Ayala-Alas's due process rights by requiring him to proceed to trial with only a Spanish interpreter despit… |
| 25-5028 |
Michael Blake DeFrance v. United States |
Ninth Circuit |
2025-07-03 |
Denied |
Response WaivedRelisted (2)IFP |
bipartisan-safer-communities-act criminal-procedure domestic-violence federal-law statutory-interpretation subject-matter-jurisdiction |
Question 1: Whether the relationships listed in 18 USC §921(a)(33)(A) defining misdemeanor crime of domestic violence serve both jurisdictional and su… |
| 25-5029 |
Damon D. Williams v. United States |
Eighth Circuit |
2025-07-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion attempted-robbery criminal-procedure fifth-amendment sentencing-guidelines sixth-amendment |
I.
When imposing maximum , consecutive sentenc es for two convictions for
attempted interference with commerce by robbery (18 U.S.C. § 1951) —aris… |
| 25-5010 |
Timothy Lynn Allen v. United States |
Fifth Circuit |
2025-07-02 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure fourth-amendment suppression-motion terry-stop vehicle-search |
Did the lower courts err in finding that the search of petitioner's vehicle was justified under Terry v. Ohio, 392 U.S. 1 (1968), and does the Fifth C… |
| 25-1 |
James Skinner v. Louisiana |
Louisiana |
2025-07-01 |
Pending |
Amici (7)Relisted (5) |
brady-violation criminal-procedure due-process evidence-withholding judicial-precedent post-conviction-relief |
Did Louisiana courts err in refusing to apply Wearry to Mr. Skinner's Brady claims? |
| 25-5002 |
Juan Carlos Garridoaguilar v. California |
California |
2025-07-01 |
Denied |
IFP |
burden-of-proof criminal-procedure fourth-amendment search-and-seizure traffic-stop warrantless-search |
A police officer recovered a firearm when he conducted a warrantless search of the passengers of a car stopped for a registration violation. Was it er… |
| 24-7522 |
Rachael Lynn Boehme v. Oregon |
Oregon |
2025-06-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel pro-se-representation sixth-amendment |
Whether a trial court commits reversible error by denying a defendant's request to proceed pro se and refusing to replace ineffective court-appointed … |
| 24-7529 |
Matthew Carter v. United States |
Eighth Circuit |
2025-06-30 |
Denied |
Response WaivedRelisted (2)IFP |
conviction-review criminal-procedure due-process habeas-corpus sentencing statutory-interpretation |
Whether the sentencing of a defendant to over 10 years in prison based on a conviction from 2007 should be reviewed under current legal standards |
| 24-7520 |
Salvador Nolasco Romero v. United States |
Tenth Circuit |
2025-06-27 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure district-court guilty-plea judicial-discretion legal-error |
Does the district court commit legal error in rejecting a guilty plea based on a legally inadequate defense, or can the district court reject it in an… |
| 24-7521 |
Anthony D. Williams v. United States |
Fourth Circuit |
2025-06-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process government-burden revocation-hearing supervised-release witness-absence |
Whether Mr. Williams' due process rights were satisfied when the government failed to show good cause for a witness's absence from a supervised releas… |
| 24-7505 |
Donald Evans v. Jasen Bohinski, Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2025-06-26 |
Denied |
IFP |
criminal-procedure double-jeopardy ex-post-facto sentencing-guidelines statutory-interpretation subject-matter-jurisdiction |
Whether consecutive sentences for two alternative pleadings of the same aggravated assault statute violate double jeopardy principles, and whether the… |
| 24-7509 |
Jacob Mathias Rubinstein v. Eric Rardin, Warden |
Sixth Circuit |
2025-06-26 |
Denied |
Response WaivedIFP |
criminal-procedure custody-credit detention-definition federal-statute legal-restrictions statutory-interpretation |
Does 'official detention' under 18 U.S.C. §3585(b) include restrictive forms of 'release' under 18 U.S.C. §3142(c) when those restrictions severely li… |
| 24-7512 |
In Re Walter Drummond |
|
2025-06-26 |
Dismissed |
Relisted (3)IFP |
constitutional-rights criminal-procedure due-process evidence-suppression miranda-rights unlawful-arrest |
Did the Florida Supreme Court err in denying the respondent's motion to suppress evidence due to an unlawful arrest and Miranda rights violation? |
| 24-7496 |
Allen Odell Woods v. Keithe Turner, Warden |
Fifth Circuit |
2025-06-25 |
Denied |
Response WaivedIFP |
brady-violation constitutional-claim criminal-procedure ineffective-assistance prosecutorial-misconduct witness-impeachment |
Whether counsel's performance was constitutionally deficient in failing to raise Brady claims, locate key witnesses, impeach state witnesses, and chal… |
| 24-7498 |
Dasahn Crowder v. Massachusetts |
Massachusetts |
2025-06-25 |
Denied |
Response WaivedIFP |
bruen-decision constitutional-rights criminal-procedure double-jeopardy ex-post-facto second-amendment |
Whether the Double Jeopardy Clause precludes retrial after a conviction was vacated due to failure to present evidence on an essential element in ligh… |
| 24-7478 |
Shaquan Dannard McCall v. United States |
Fourth Circuit |
2025-06-23 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement |
Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement? |
| 24-7460 |
Alvin Porterie, Jr. v. United States |
Fifth Circuit |
2025-06-18 |
Denied |
Response WaivedIFP |
armed-career-criminal-act circuit-split criminal-procedure overbreadth-doctrine state-conviction statutory-interpretation |
Whether a defendant challenging a prior state conviction under the Armed Career Criminal Act must produce actual state court decisions showing non-gen… |
| 24-7463 |
Mark Christian Wroblewski v. United States |
District of Columbia |
2025-06-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure executive-discretion mandamus-petition prosecutorial-discretion rule-48-dismissal standing-doctrine |
Whether a district judge has authority to deny a government motion to dismiss with prejudice and whether a criminal defendant has standing to challeng… |
| 24-7466 |
Patrick Joseph Duncan, Jr. v. United States |
Ninth Circuit |
2025-06-18 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure state-law |
Whether federal courts may use state law definitions to narrow Fourth Amendment protections during law enforcement stops |
| 24-7467 |
Eldon Gale Samuel, III v. Terema Carlin, Warden |
Ninth Circuit |
2025-06-18 |
Denied |
Response WaivedIFP |
criminal-procedure custodial-interrogation due-process juvenile-waiver miranda-rights self-incrimination |
Whether a 14-year-old knowingly and voluntarily waived Miranda rights during custodial interrogation |
| 24-7446 |
Telly Royster v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2025-06-17 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus ineffective-assistance mental-health sixth-amendment |
Whether the failure to consider trial counsel's mental health issues in evaluating ineffective assistance of counsel violates the Sixth Amendment righ… |
| 24-7450 |
Zachery James Edward Rowe v. United States |
Ninth Circuit |
2025-06-17 |
Denied |
Response WaivedIFP |
buyer-seller-rule complete-defense criminal-procedure drug-conspiracy jury-instruction sixth-amendment |
Whether the Ninth Circuit's decision affirming the refusal to give a buyer-seller instruction in a drug conspiracy case conflicts with this Court's ho… |
| 24-1279 |
Frank J. Anderson, Jr. v. New Jersey |
New Jersey |
2025-06-16 |
Denied |
Relisted (2) |
criminal-procedure double-jeopardy due-process fifth-amendment sentencing-modification sixth-amendment |
Does the New Jersey judicial process of preparing a judgment of conviction in the petitioner's absence, departing from the orally pronounced sentence,… |
| 24-7430 |
Trenton Jared Powell v. United States |
Ninth Circuit |
2025-06-16 |
Denied |
Response WaivedIFP |
cellphone-search criminal-procedure digital-privacy evidence-preservation fourth-amendment warrant-requirement |
Can the police hold a defendant's cellphone seized incident to his arrest until necessary forensic software is developed based upon evidence that the … |
| 24-7432 |
Eleazar Diaz-Balleza v. United States |
Fifth Circuit |
2025-06-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 24-7418 |
In Re Zannie J. Lotharp |
|
2025-06-13 |
Denied |
IFP |
commitment-review criminal-procedure federal-court habeas-corpus jurisdictional-challenge writ-of-certiorari |
Can the Supreme Court grant a writ of habeas corpus of commitment, and does it extend to a prisoner committed by a court without competent jurisdictio… |
| 24-1268 |
Rodney Reed v. Bryan Goertz, in His Official Capacity as District Attorney of Bastrop County, Texas |
Fifth Circuit |
2025-06-12 |
Pending |
Amici (1)Relisted (12) |
criminal-procedure dna-testing due-process evidence-law innocence-claim postconviction-relief |
Whether Article 64, as authoritatively construed by the CCA, violates due process by arbitrarily denying prisoners access to postconviction DNA testin… |
| 24-7410 |
Nicholas Craig Woozencroft v. United States |
Eleventh Circuit |
2025-06-12 |
Dismissed |
IFP |
appellate-jurisdiction criminal-procedure federal-courts final-judgment multi-count-indictment sentencing |
Whether a judgment which convicts and sentences a defendant on a count of a multi-count indictment is appealable under § 1291 where, although others c… |
| 24-1265 |
Glenn E. Diaz v. United States |
Fifth Circuit |
2025-06-12 |
Denied |
Response Waived |
criminal-procedure cross-examination judicial-discretion sentencing-guidelines supreme-court-precedent witness-bias |
Whether a district court can completely bar defense counsel from cross-examining a key government witness on an issue probative of bias and motive, an… |
| 24-7396 |
Arturo Garza, Jr. v. United States |
Fifth Circuit |
2025-06-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review circuit-split criminal-procedure mandate-rule resentencing sentencing-guidelines |
Whether the mandate rule precludes or permits a district court from recalculating a defendant's Sentencing Guidelines range at resentencing based on i… |
| 24-7403 |
Michael Stapleton v. United States |
Eleventh Circuit |
2025-06-11 |
Denied |
Response WaivedRelisted (2)IFP |
blockburger-test circuit-split criminal-procedure double-jeopardy due-process statutory-interpretation |
Whether multiple convictions and sentences under a single statutory provision of Title 8 U.S.C. 1324 for simultaneous conduct violate the Double Jeopa… |
| 24-7391 |
Angel L. Martinez v. Howard Sissem, Superintendent, State Correctional Institution at Forest, et al. |
Third Circuit |
2025-06-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure district-court federal-law ineffective-assistance-of-counsel legal-standard |
Was the District Court's decision that Petitioner received effective assistance of counsel, contrary to or involve an unreasonable application of clea… |
| 24A1216 |
Kelechi Collins Umeh v. United States |
First Circuit |
2025-06-10 |
Presumed Complete |
|
bank-fraud criminal-procedure guilty-plea jury-trial plea-colloquy structural-error |
Whether the failure to inform a defendant of his right to a jury trial during a guilty plea colloquy constitutes structural error requiring automatic … |
| 24-7385 |
Luster Pernell Burns, Jr. v. Jeff Tanner, Warden |
Sixth Circuit |
2025-06-09 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy fair-trial mistrial prosecutorial-misconduct |
Did the prosecutor engage in intentional misconduct in a previous trial which goaded the defense into moving for a mistrial, which barred retrial in t… |
| 24-7370 |
Jonathan Davis v. United States |
Eighth Circuit |
2025-06-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure implied-bias juror-disqualification jury-impartiality sixth-amendment |
Does the Constitution require selected jurors to be free from implied bias and what standards should apply when assessing an implied bias claim? |
| 24-7373 |
Natnael Zemene v. Massachusetts |
Massachusetts |
2025-06-06 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure double-jeopardy due-process fifth-amendment second-amendment |
Whether the Fifth Amendment's double jeopardy clause protects an individual from subsequent prosecution when insufficient evidence was produced to reb… |
| 24-7357 |
Christopher Scott Jones v. United States |
Fourth Circuit |
2025-06-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourth-circuit obstruction-enhancement plea-agreement sentencing-guidelines |
Whether the Fourth Circuit erred in accepting a plea agreement where the defendant was not adequately informed of material provisions, and whether the… |
| 24-7361 |
Deshaun Curtis Jones v. United States |
Third Circuit |
2025-06-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court judicial-review motion-to-suppress third-circuit |
Whether the Third Circuit Court of Appeals erred in affirming the District Court's denial of Appellant's Motion to Suppress |
| 24-1234 |
United States v. Ali Danial Hemani |
Fifth Circuit |
2025-06-04 |
Granted |
Amici (23)Relisted (3) |
constitutional-law criminal-procedure drug-users firearm-possession second-amendment statutory-interpretation |
Whether 18 U.S.C. 922(g)(3), which prohibits firearm possession by unlawful drug users, violates the Second Amendment as applied to the respondent |
| 24-1235 |
Suliang Bu v. Missouri |
Missouri |
2025-06-04 |
Denied |
Response Waived |
criminal-procedure cross-section-of-community due-process fourteenth-amendment jury-trial-waiver sixth-amendment |
Whether the Missouri Court of Appeals erred in holding that a jury trial waiver does not require the record to show the defendant understood all funda… |
| 24-7353 |
Jose Trinidad Martinez Santoyo v. Lasha Boyden, former United States Marshal for the Eastern District of California, et al. |
Ninth Circuit |
2025-06-04 |
Denied |
Response WaivedIFP |
criminal-procedure extradition international-law sixth-amendment speedy-trial treaty-interpretation |
Whether the Sixth Amendment Speedy Trial Clause constitutes a law that can bar extradition under the United States-Mexico Extradition Treaty due to la… |
| 24-7349 |
Reymundo Arredondo v. United States |
Ninth Circuit |
2025-06-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split constructive-amendment criminal-procedure essential-elements indictment statutory-interpretation |
When a criminal offense can be committed in a variety of ways, does a prosecutor constructively amend an indictment by altering the essential elements… |
| 24-7315 |
Kenyon Lamonte Watson v. United States |
Ninth Circuit |
2025-05-29 |
Denied |
Response WaivedIFP |
bail-reform-act criminal-procedure fifth-amendment grand-jury pretrial-detention res-judicata |
Whether the government can seek pretrial detention in a second related prosecution after a magistrate judge has previously denied detention and ordere… |
| 24-7316 |
Miguel Yepson-Cortez v. United States |
Fifth Circuit |
2025-05-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 24-7302 |
Sterling Atkins, Jr. v. Jeremy Bean, Warden, et al. |
Ninth Circuit |
2025-05-28 |
Denied |
IFP |
burden-of-proof criminal-procedure due-process ineffective-assistance strickland-standard trial-counsel |
Can a claim of ineffective assistance of counsel be denied on the basis of an alleged failure to show what trial counsel did rather than what they fai… |
| 24-7304 |
Eric Alonzo Windham v. United States |
Eleventh Circuit |
2025-05-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure judicial-participation plain-error-review plea-negotiations safety-valve-eligibility |
Whether the Eleventh Circuit's plain error review properly considered the full record under United States v. Davila when rejecting Mr. Windham's claim… |
| 24A1160 |
Mohamed Mohamed Mohamud, Issa Doreh, and Ahmed Nasir Taalil Mohamud v. United States |
Ninth Circuit |
2025-05-28 |
Presumed Complete |
|
criminal-procedure fisa foreign-intelligence fourth-amendment metadata-collection surveillance |
Whether the collection of telephony metadata of millions of Americans pursuant to the Foreign Intelligence Surveillance Act (FISA) constitutes a viola… |
| 24-7293 |
Alexander Soto v. Massachusetts |
Massachusetts |
2025-05-27 |
Denied |
Response WaivedIFP |
arizona-v-gant criminal-procedure drug-trafficking fourth-amendment search-incident-to-arrest warrant-requirement |
Whether the search-incident-to-arrest exception from Arizona v. Gant applies to searches of containers in buildings or only in automobiles |
| 24-7257 |
Alejandro R. Duarte v. Nebraska |
Nebraska |
2025-05-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure ineffective-assistance medical-evidence self-defense waiver |
Whether defense counsel's failure to offer medical evidence supporting a self-defense claim constitutes ineffective assistance of counsel, and whether… |
| 24-7254 |
Legarius Deshawn Bonner v. United States |
Fourth Circuit |
2025-05-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process PROTECT-Act revocation sentencing supervised-release |
Does the court violate a defendant's due process rights when imposing a sentence upon revocation of supervised release by using the PROTECT Act to sen… |
| 24-7255 |
Jarred Adams v. United States |
Fifth Circuit |
2025-05-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process legal-analysis sentence-length sentencing vindictive-prosecution |
Whether sentence length is the exclusive means to determine if a subsequent sentence is more severe for vindictive sentencing analysis? |
| 24A1116 |
Bryan Christopher Bell and Antwaun Kyral Sims v. North Carolina |
North Carolina |
2025-05-20 |
Presumed Complete |
|
certiorari criminal-procedure north-carolina-supreme-court supreme-court-review time-extension writ-of-certiorari |
Whether the North Carolina Supreme Court's decision in a criminal case warrants review by the U.S. Supreme Court |
| 24-7237 |
Jamarr Smith, Thomas Iroko Ayodele, and Gilbert McThunel, II v. United States |
Fifth Circuit |
2025-05-19 |
Denied |
IFP |
criminal-procedure digital-surveillance fourth-amendment general-warrant geofence-warrant good-faith-doctrine |
Whether the good-faith doctrine applies to digital-age general warrants |
| 24-7243 |
Dieudruch Emmanuel v. United States |
Eleventh Circuit |
2025-05-19 |
Denied |
Response WaivedIFP |
criminal-procedure extraordinary-circumstances marital-privilege prejudicial-evidence probative-value witness-testimony |
Whether the marital privilege warrants limiting the wife's testimony under extraordinary circumstances when failure to do so will allow highly prejudi… |
| 24-7229 |
DeAndre Jackson v. United States |
Third Circuit |
2025-05-16 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion traffic-stop |
Whether the Third Circuit's ruling that an officer's mere suspicion of a suspect's dangerousness absent any additional facts supports an arrest rather… |
| 24-7231 |
Christian Leonardo Franco Posligua v. United States |
Fifth Circuit |
2025-05-16 |
Denied |
Response WaivedIFP |
criminal-procedure drug-enforcement extraterritorial-statute guilty-plea maritime-law subject-matter-jurisdiction |
For purposes of the Maritime Drug Law Enforcement Act (MDLEA), does a district court have authority to make its 'preliminary' determination of 'jurisd… |
| 24-7213 |
Edward Magruder v. United States |
District of Columbia |
2025-05-15 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure fourth-amendment probable-cause search-incident-to-arrest warrantless-search |
Whether the Fourth Amendment's 'search incident to arrest' exception permits a warrantless search anytime agents had probable cause to believe that a … |
| 24-1166 |
Luis Iram Miranda v. United States |
Fifth Circuit |
2025-05-14 |
Denied |
Response Waived |
conflict-of-interest constitutional-rights counsel-representation criminal-procedure due-process sixth-amendment |
Whether district courts and parties in criminal cases can establish a uniform standard for addressing conflicts of interest in attorney representation… |
| 24A1092 |
David Nicholson v. United States |
Fifth Circuit |
2025-05-14 |
Presumed Complete |
|
certiorari constitutional-rights criminal-procedure fifth-circuit supreme-court-rules time-extension |
Whether a criminal defendant's constitutional right to file a timely petition for certiorari is preserved when seeking an extension beyond the standar… |
| 24-7205 |
Oscar Pliego-Pineda v. United States |
Fourth Circuit |
2025-05-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure evidence-standard federal-sentencing-guidelines leadership-role sentencing-enhancement |
Whether a Leadership Sentencing Enhancement Is Erroneous Without Evidence That a Defendant Supervised any Specific Individual |
| 24-7191 |
Daryl Cook v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2025-05-13 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process federal-review habeas-corpus ninth-circuit procedural-analysis |
Whether the Ninth Circuit Court of Appeals erred in its review of federal habeas corpus petition and procedural analysis of petitioner's claim |
| 24-7194 |
Neil Aaron Carver v. Texas |
Texas |
2025-05-13 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance sentencing |
Whether ineffective assistance of counsel standards in capital cases apply equally to non-capital cases with severe sentencing ranges |
| 24-1159 |
Jeffrey Clyde Pitts v. Mississippi |
Mississippi |
2025-05-13 |
Judgment Issued |
Response RequestedResponse WaivedRelisted (8) |
child-witness confrontation-clause constitutional-rights courtroom-screening criminal-procedure trial-procedure |
Whether the Confrontation Clause permits the use of a screen at trial that blocks a child witness's view of the defendant, without any individualized … |
| 24-7178 |
Douglas Turner v. United States |
Eighth Circuit |
2025-05-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process incarceration-setting interrogation-context miranda-warnings supreme-court-precedent |
Whether courts should treat interrogation of an incarcerated person as fundamentally equivalent to interrogation in non-incarcerated settings and whet… |
| 24-7179 |
Jordash Tanksley v. Deshawn Jones, Warden |
Eleventh Circuit |
2025-05-12 |
Denied |
IFP |
appellate-review constitutional-rights criminal-procedure due-process evidence-law witness-testimony |
Question not identified. |
| 24-7166 |
David Eugene Rush, Jr. v. United States |
Sixth Circuit |
2025-05-09 |
Denied |
Response WaivedIFP |
appeal-waiver consideration constitutional-rights criminal-procedure due-process plea-agreement |
Whether an appeal-waiver provision in a plea agreement is enforceable when the agreement provides no actual benefit to the defendant beyond what he wo… |
| 24-7170 |
In Re Jerome Curry |
|
2025-05-09 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process habeas-corpus judicial-review |
Question not identified. |
| 24-7139 |
David Little v. Georgia |
Georgia |
2025-05-06 |
Denied |
IFP |
confrontation-clause criminal-procedure cross-examination due-process hearsay sixth-amendment |
Whether the Indiana Court violated the Sixth Amendment right to Confrontation by admitting deceased witness's hearsay statements without affording pet… |
| 24-7132 |
Donovan Jacob Farr v. Texas |
Texas |
2025-05-05 |
Denied |
Response WaivedIFP |
constitutional-validity criminal-procedure due-process effective-assistance-of-counsel guilty-plea plea-agreement |
Did the state court disregard this Court's precedent by upholding the constitutional validity of a guilty plea despite recognizing that undisputed fac… |
| 24-7135 |
Mario Keeream Jackson v. United States |
Sixth Circuit |
2025-05-05 |
Denied |
Response WaivedIFP |
cellular-data criminal-procedure evidence-law fourth-amendment motion-to-suppress search-and-seizure |
Whether the district court improperly denied a motion to suppress cellular phone data and records obtained through an allegedly unlawful search |
| 24-1127 |
Thomas E. Clardy v. Kenneth Nelsen, Warden |
Sixth Circuit |
2025-05-02 |
Denied |
Response Waived |
criminal-procedure due-process expert-testimony eyewitness-identification ineffective-assistance strickland-standard |
Does a criminal defense attorney perform deficiently under Strickland v. Washington when failing to present expert testimony about the reliability pro… |
| 24-7122 |
Michael Samuel Dekelbaum v. United States |
Fifth Circuit |
2025-05-02 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-bargain sentencing |
Whether the Supreme Court should recognize a 'miscarriage of justice' exception to a plea bargain appeal waiver for unanticipated due process and sent… |
| 24-7123 |
Carlos Edward Thurman, Jr. v. United States |
Sixth Circuit |
2025-05-02 |
Denied |
Response WaivedIFP |
criminal-procedure district-court equal-protection firearm-enhancement second-amendment sentencing-guidelines |
Whether the district court's application of the USSG § 2D1.1(b)(1) firearm enhancement was clearly erroneous and whether such enhancement violates equ… |
| 24-7107 |
Brandon A. Dunkleberger v. Illinois |
Illinois |
2025-05-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process essential-elements guilty-plea judicial-precedent plea-validity |
Is Illinois bound by this Court's rule that a guilty plea is not valid when the defendant is not informed of the essential elements of the crime? |
| 24-7109 |
Justin Miles Ness v. United States |
Tenth Circuit |
2025-05-01 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-standard judicial-discretion jury-instruction plain-error temporal-scope |
Whether a district court's response of 'You have all the evidence you need to render your verdict' constitutes a plainly improper jury instruction whe… |
| 24-7103 |
Ikeviaun Quamonn Johnson v. United States |
Fourth Circuit |
2025-04-30 |
Denied |
Response WaivedIFP |
arraignment-rights criminal-procedure due-process elements-of-crime federal-assault indictment-sufficiency |
Was Mr. Johnson entitled to vacatur of his conviction for assaulting federal officers where the essential element of the charge that he acted 'forcibl… |
| 24-7086 |
Bakari Abdul Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-29 |
Denied |
IFP |
appellate-conflict constitutional-law criminal-procedure ineffective-assistance prior-conviction trial-strategy |
Whether a conflict exists among appellate courts regarding trial counsel's effectiveness when invoking Old Chief to mitigate prejudicial prior felony … |
| 24-7087 |
Jeffrey G. Hutchinson v. Florida, et al. |
Florida |
2025-04-29 |
Denied |
IFP |
constitutional-review criminal-procedure death-penalty due-process eighth-amendment fundamental-fairness |
Whether due process requires more than the arbitrary truncation of pending substantive review by an unnoticed death warrant signed midway through acti… |
| 24-7093 |
Alfred Velazquez v. United States |
Ninth Circuit |
2025-04-29 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure judicial-review presentence-report sentencing-error structural-error |
Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 24-7096 |
Timothy Wayne Calhoun v. Louisiana |
Louisiana |
2025-04-29 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment non-unanimous-jury sixth-amendment |
Whether non-unanimous jury verdicts violate a criminal defendant's Sixth and Fourteenth Amendment rights |
| 24-1112 |
Rolland G. Shoup, II v. Indiana |
Indiana |
2025-04-28 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process evidence-foundation fourteenth-amendment officer-testimony |
Does a state deprive a defendant of their Fourteenth Amendment right to due process of law when it admits adverse evidence not on the basis of a prope… |
| 24-7082 |
Edgar Llausas-Silva v. United States |
Ninth Circuit |
2025-04-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure judicial-review prosecutorial-discretion safety-valve sentencing |
Whether the district court improperly relied upon the subjective belief of the prosecutor without support in the record that petitioner lied when he p… |
| 24-7083 |
Raul Otero Cazares v. Jason Johnson, Director, Division of Adult Parole Operations, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2025-04-28 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-precedent criminal-procedure de-novo-review habeas-corpus ineffective-assistance |
Whether the lower courts erred by holding that any imagined reason for counsel's conduct rendered said conduct beyond review, even on de novo review a… |
| 24-7074 |
Miguel Angel Ortiz v. Texas |
Texas |
2025-04-25 |
Denied |
IFP |
burden-of-proof constitutional-law criminal-procedure due-process element-of-offense jury-instruction |
Whether the language in a recurring jury instruction violates due process by failing to prove every element of the offense charged |
| 24-7059 |
Dennis L. Magee v. Louisiana |
Louisiana |
2025-04-23 |
Denied |
Response WaivedIFP |
aggravated-rape constitutional-rights criminal-procedure fourteenth-amendment non-unanimous-jury sixth-amendment |
Whether non-unanimous jury verdicts in aggravated rape cases violate a defendant's Sixth and Fourteenth Amendment rights |
| 24-7060 |
Mauricio Gonzalez v. United States |
Eleventh Circuit |
2025-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment herring-standard judgment-of-acquittal rule-29-motion |
Whether a district court's denial of a renewed Rule 29 motion for judgment of acquittal can be equated with a verdict of guilt beyond a reasonable dou… |
| 24-7062 |
Damone D. Oakley v. United States |
Third Circuit |
2025-04-23 |
Denied |
Response WaivedIFP |
18-USC-2326 criminal-procedure double-counting sentencing-enhancement sentencing-guidelines statutory-interpretation |
Whether the statutory enhancement under 18 U.S.C. § 2326(2) and Guideline enhancements implemented by the Sentencing Commission constitute double coun… |
| 24-1090 |
Ryan C. Patterson v. United States |
Ninth Circuit |
2025-04-21 |
Denied |
Response Waived |
bank-deposits burden-of-proof criminal-procedure evidence-disclosure rule-16 tax-evasion |
Whether the government can establish tax evasion through bank deposits method testimony without preserving underlying analysis for defendant's review |
| 24-7029 |
DeNeal Lee Smith v. Jeff Howard, Warden |
Sixth Circuit |
2025-04-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process faretta-right self-representation sixth-amendment |
Can a criminal defendant invoke his Sixth Amendment right to self-representation under Faretta after an equivocal request? |
| 24-7017 |
Jose Antonio Cortez v. Texas |
Texas |
2025-04-17 |
Denied |
IFP |
actual-innocence constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus |
Can a State allow a Judgment & Sentence of Conviction to stand when the offense was factually and legally impossible to have been committed or lacks l… |
| 24-7018 |
Roderick King v. United States |
Third Circuit |
2025-04-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-rules rule-16 sixth-amendment trial-rights |
Whether the government violated petitioner's due process rights through multiple procedural irregularities in a criminal investigation and trial |
| 24-7020 |
Rosalio Alejandro Gonzalez-Silva v. United States |
Ninth Circuit |
2025-04-17 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process interrogation miranda-custody two-step-test |
Whether courts must apply the second step of Howes to determine if a person is 'in custody' for Miranda purposes |
| 24-7024 |
Jesse Scott Fulcher v. Arizona |
Arizona |
2025-04-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence fifth-amendment fourteenth-amendment |
Whether a state court's failure to disclose material exculpatory evidence violates a criminal defendant's fundamental right to due process as guarante… |
| 24-1082 |
Aghee William Smith, II v. United States |
Fourth Circuit |
2025-04-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
confrontation-clause constitutional-law criminal-procedure due-process trial-rights witness-unavailability |
Whether a living witness can be deemed 'unavailable' under the Confrontation Clause if the government has made no effort to compel the witness to appe… |
| 24-7005 |
Alsham M. Laster v. Indiana |
Indiana |
2025-04-16 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-seizure fourth-amendment law-enforcement probable-cause warrantless-search |
Whether the warrantless seizure of a phone during a murder investigation violated the Fourth Amendment when police lacked probable cause, failed to li… |
| 24-7014 |
Scott Anthony Williams v. United States |
Fourth Circuit |
2025-04-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure exclusionary-rule federal-courts remand sentencing-guidelines |
Whether a federal court of appeals may apply the exclusionary rule exception in the first instance on appeal and whether a federal court of appeals sh… |
| 24-6991 |
Jessica L. Morris v. Jeremy Howard, Warden |
Sixth Circuit |
2025-04-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment sixth-amendment |
Whether certiorari is appropriate due to alleged constitutional violations in criminal proceedings |
| 24-7003 |
Hale R. Harris v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-04-15 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-violation criminal-procedure habeas-corpus ineffective-assistance plea-bargaining sixth-amendment |
Does a finding of ineffective assistance of counsel require a remedy to the constitutional violation? |
| 24-6972 |
Michael John Stitts v. Brian Eller, Warden |
Sixth Circuit |
2025-04-14 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity guidelines-interpretation indictment leadership-role sentencing-enhancement |
Whether a federal sentencing enhancement under U.S.S.G. § 3B1.1(a) is permissible when leadership participants are charged in a separate indictment |
| 24-1070 |
Conghua Yan v. Mark A. Taylor, Individually and in His Official Capacity as Criminal District Office Investigator, Tarrant County, et al. |
Fifth Circuit |
2025-04-11 |
Denied |
Response Waived |
constitutional-challenge criminal-procedure district-attorney first-amendment government-policy petition-rights |
Whether a criminal District Attorney office policy that bars individuals from filing perjury complaints without judicial request violates First Amendm… |
| 24-6982 |
In Re Lawrence J. Gerrans |
|
2025-04-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process habeas-corpus jurisdiction statutory-interpretation |
Whether the petitioner's detention is unconstitutional due to lack of jurisdiction, violation of due process, and invalid prosecution theories |
| 24-1071 |
Jose Angel Garcia v. New Mexico, et al. |
New Mexico |
2025-04-10 |
Denied |
Response Waived |
criminal-procedure ineffective-assistance jury-instruction medical-evidence sixth-amendment trial-counsel |
Whether Petitioner Garcia's Sixth Amendment right to counsel was deprived by his trial attorney's failure to present exculpatory evidence and challeng… |
| 24-6966 |
Mick J. Careaga v. United States |
Ninth Circuit |
2025-04-10 |
Denied |
Response WaivedIFP |
acquittal criminal-procedure due-process jury-verdict lesser-included-offense trial-by-jury |
Whether the Due Process clause permits a court to ignore a jury's finding of Not Guilty on a lesser, necessarily included charge while accepting the s… |
| 24-6950 |
Daontae T. Scott v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-04-09 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment |
Whether trial counsel's failure to investigate and procure exculpatory security camera footage abrogates the appellant's Sixth and Fourteenth Amendmen… |
| 24-1057 |
Jerry Peoples v. United States |
Seventh Circuit |
2025-04-08 |
Denied |
Response Waived |
criminal-procedure drug-dealing hobbs-act interstate-commerce motion-for-acquittal rule-29-motion |
Whether the Seventh Circuit erred by affirming the district court's denial of a Rule 29 Motion for Acquittal where the Government failed to prove the … |
| 24-6947 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2025-04-08 |
Denied |
IFP |
criminal-procedure discovery-violation due-process habeas-corpus ineffective-assistance sixth-amendment |
Whether a trial court's failure to provide counsel with adequate time to review discovery materials and prepare a defense constitutes a substantial vi… |
| 24-1056 |
Isabel Rico v. United States |
Ninth Circuit |
2025-04-07 |
Granted |
Amici (4) |
criminal-procedure federal-law fugitive-tolling sentencing supervised-release tolling-doctrine |
Whether the fugitive-tolling doctrine applies in the context of supervised release |
| 24-6937 |
Anthony Craig Weimer v. Montana |
Montana |
2025-04-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process first-amendment sixth-amendment supremacy-clause |
Whether the initial Court violated Article VI, Cl. 3 of the United States Constitution by denying Petitioner's statutory right of abatement and the U.… |
| 24-6939 |
Scott Lee DeShaw, et al. v. Arizona |
Arizona |
2025-04-07 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
criminal-procedure jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama parole-discretion |
Can a juvenile offender be sentenced to life without parole under a system that does not give the sentencing judge discretion to choose a parole-eligi… |
| 24-6930 |
Demetris Sean Robinson v. United States |
Fourth Circuit |
2025-04-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure district-court effective-assistance-counsel evidence-suppression fourth-circuit |
Whether the District Court erred by allowing evidence obtained in violation of petitioner's constitutional rights and whether the Fourth Circuit Court… |
| 24-1048 |
Karen Read v. Superior Court of Massachusetts, Norfolk County, et al. |
First Circuit |
2025-04-03 |
Denied |
Response Waived |
acquittal constitutional-law criminal-procedure double-jeopardy jury-verdict retrial |
Whether a final and unanimous, but unannounced, decision by a jury that the prosecution failed to prove a defendant guilty constitutes an acquittal pr… |
| 24-6907 |
Oscar Omar Lobo-Lopez v. United States |
Fourth Circuit |
2025-04-02 |
Denied |
Response WaivedIFP |
compassionate-release criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment |
Whether the Sixth Amendment right to counsel extends to critical stages of criminal proceedings such as compassionate release when counsel fails to pr… |
| 24-6917 |
Edmond Stanley Adams, III v. South Carolina |
South Carolina |
2025-04-02 |
Denied |
Response WaivedIFP |
appellate-review constitutional-claim criminal-procedure due-process ineffective-assistance subject-matter-jurisdiction |
Whether the S.C. Supreme Court erred by barring Petitioners' Federal Factual predicate that he was denied effective assistance of counsel |
| 24-6903 |
John Sheldon Pickens, Jr. v. United States |
Eighth Circuit |
2025-04-01 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule fourth-amendment independent-source-doctrine investigatory-stop warrantless-search |
Does an unlawful flee that would not have happened but for the police's violation of the Fourth Amendment trigger the independent source exception to … |
| 24-6908 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2025-04-01 |
Denied |
IFP |
criminal-procedure due-process jurisdictional-challenge speedy-trial trial-rights warrant-service |
Does a non-capias warrant issued by a court lacking jurisdiction toll the 175-day speedy trial period when the defendant is located in another jurisdi… |
| 24-6884 |
Arthur L. Vitasek v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2025-03-28 |
Denied |
Response WaivedIFP |
arguable-claims court-rulings criminal-procedure habeas-corpus judicial-jurisdiction legal-representation |
Whether the Magistrate, District Court Judge, and Ninth Circuit Court of Appeals lost jurisdiction after determining an arguable issue existed without… |
| 24-6886 |
Jonathan Lynn Jenkins v. United States |
Fourth Circuit |
2025-03-28 |
Denied |
Response WaivedIFP |
appellate-review confession-admissibility criminal-procedure federal-rules-of-evidence harmless-error jury-role |
Whether an appellate court improperly displaces the jury's role to determine guilt by assuming error occurred when the district court improperly admit… |
| 24-6879 |
Zachary Michael Linan v. United States |
Fifth Circuit |
2025-03-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fifth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment |
Did the Fifth Circuit err in affirming the district court's application of sentencing guidelines in a manner that expands judicial fact-finding beyond… |
| 24-6859 |
Cecil Ray v. Angela Phams, Warden, et al. |
Georgia |
2025-03-26 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment right-to-counsel state-courts |
Whether the Georgia State Courts violated the petitioner's Fourteenth Amendment due process rights by denying access to case records for direct appeal… |
| 24-6862 |
Brandon Durell Hardison v. United States |
Sixth Circuit |
2025-03-26 |
Denied |
Response WaivedIFP |
conspiracy constitutional-rights criminal-procedure evidence-link murder-case witness-testimony |
Question not identified. |
| 24-6864 |
Darren Latodd Houston v. Texas |
Texas |
2025-03-26 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fundamental-fairness judicial-error jury-instructions |
Whether a state court's failure to properly instruct the jury on the elements of a criminal offense constitutes a violation of due process and fundame… |
| 24-6850 |
Philip Jude Moran v. Florida |
Florida |
2025-03-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance post-conviction-relief sixth-amendment strickland-standard |
Whether the state appellate court misapplied the Strickland prejudice standard when affirming the denial of Petitioner Moran's ineffective assistance … |
| 24-6830 |
Khalid Alboushari v. United States |
Second Circuit |
2025-03-24 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process ineffective-assistance sentencing-guidelines |
Whether the Second Circuit erred in affirming a 92-month sentence without properly considering mitigating factors and procedural unreasonableness |
| 24-6836 |
Christian Genao v. United States |
Second Circuit |
2025-03-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure due-process fifth-amendment sentencing supervised-release |
Must sentencing courts orally pronounce nonmandatory conditions of supervised release to protect defendants' right to be present and to put them on no… |
| 24-6823 |
Thomas Caves v. United States |
Second Circuit |
2025-03-21 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure felon-in-possession firearm-statute plain-error second-circuit |
Whether the United States Court of Appeals for the Second Circuit erred by applying its plain error standard to affirm a judgment of conviction for fe… |
| 24-6824 |
Hansel Janel Rijo-Guerrero v. United States |
First Circuit |
2025-03-21 |
Denied |
Response WaivedIFP |
criminal-procedure downward-variance drug-trafficking sentencing-disparity sentencing-enhancement ussg-guidelines |
Whether the district court erred in imposing a two-level sentencing enhancement and denying a downward variance for a defendant convicted of drug traf… |
| 24-6807 |
Carl P. Palladinetti v. United States |
Seventh Circuit |
2025-03-20 |
Denied |
Response WaivedIFP |
constitutional-significance court-of-appeals criminal-procedure due-process ineffective-assistance section-2255 |
Whether the Seventh Circuit Court of Appeals denial of Mr. Palladinetti's COA filing represents an issue of constitutional significance worthy of Supr… |
| 24-6814 |
Jason Johnson v. United States |
Sixth Circuit |
2025-03-20 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure illegal-sentence plea-agreement sentencing-law |
Did the appeal waiver in Petitioner's plea agreement foreclose an appeal claiming that his sentence was illegal on its face and could not lawfully be … |
| 24-6805 |
Anita Hollins v. Erin Maldonado, Warden |
Sixth Circuit |
2025-03-19 |
Denied |
IFP |
constitutional-review criminal-procedure habeas-corpus inconsistent-verdicts sixth-circuit supreme-court-precedent |
Whether Dunn v. United States and United States v. Powell precedents allow habeas corpus detention based on inconsistent jury verdicts |
| 24-6790 |
Saul Douglas Briggs v. United States |
Sixth Circuit |
2025-03-18 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment good-faith-exception probable-cause search-warrant sixth-circuit |
Whether the Sixth Circuit correctly applied the good faith exception to a search warrant that allegedly lacked probable cause and nexus |
| 24-6797 |
Silas Bernard Peterson v. United States |
Ninth Circuit |
2025-03-18 |
Denied |
Response WaivedIFP |
categorical-analysis circumstance-specific-analysis criminal-procedure ineffective-assistance sex-offender-registration SORNA |
QP: Did the district court err when it used a circumstance-specific analysis to determine that the petitioner's state conviction subjected him to sex … |
| 24-991 |
Joshua Herrera v. United States |
Eleventh Circuit |
2025-03-18 |
Denied |
|
appellate-review child-sexual-offense criminal-procedure expert-testimony federal-rules-of-evidence psychological-evidence |
Whether the Eleventh Circuit improperly restricted expert testimony on sexual interest in children contrary to the Supreme Court's recent decision in … |
| 24-6780 |
Earl Felton Crago, Jr. v. Arizona |
Arizona |
2025-03-17 |
Denied |
Response WaivedIFP |
conviction-review criminal-procedure federal-court habeas-corpus state-court subject-matter-jurisdiction |
Whether the Federal Court has jurisdiction to hear successive petitions for writ of habeas corpus when state courts lack subject matter jurisdiction o… |
| 24-985 |
Ohio v. Garry Smith |
Ohio |
2025-03-14 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (3) |
confrontation-clause criminal-procedure due-process emergency-doctrine hearsay-exception testimonial-statements |
Whether statements made to responding officers during emergency medical care are nontestimonial under the Confrontation Clause when lacking investigat… |
| 24-6766 |
David Lynn Griffith v. United States |
Third Circuit |
2025-03-13 |
Denied |
Response WaivedIFP |
criminal-procedure drug-evidence drug-purity evidence-reliability methamphetamine sentencing |
Whether historical drugs purchased by someone other than the defendant constitutes reliable evidence at sentencing to support the purity of methamphet… |
| 24-6756 |
Marcus Leshun Sargent v. Texas |
Texas |
2025-03-12 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection extraneous-offense ineffective-assistance |
Whether the admission of extraneous sexual offense evidence violated the petitioner's due process and equal protection rights, and constituted ineffec… |
| 24-6758 |
Matias P. Briones v. Texas |
Texas |
2025-03-12 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process non-unanimous-jury ramos-precedent texas-penal-code |
Whether Texas Penal Code 21.02 violates the 5th, 6th, and 14th Amendments by allowing non-unanimous jury instructions for finding guilt and predicate … |
| 24-6738 |
Steven Dewayne Barnes, Jr. v. United States |
Eleventh Circuit |
2025-03-11 |
Denied |
Response WaivedIFP |
criminal-procedure firearm-possession reasonable-suspicion second-amendment sentencing-enhancement terry-stop |
Whether law enforcement can conduct a Terry stop based on subjective factors without specific evidence of criminal activity, and whether a sentencing … |
| 24-6740 |
Royel Page v. United States |
Seventh Circuit |
2025-03-11 |
Denied |
IFP |
buyer-seller-relationship circuit-split criminal-procedure drug-conspiracy party-presentation plain-error-review |
QP1: Whether evidence of repeat, distribution-sized drug transactions alone is sufficient to prove a drug conspiracy, as opposed to a mere buyer-selle… |
| 24-6730 |
Richard David Degout v. United States |
Fourth Circuit |
2025-03-10 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure drug-offenses due-process first-step-act sentencing-reduction |
Whether a criminal defendant convicted of CCE Murder based on offenses punishable under 21 U.S.C. §841(b)(1)(A) should be entitled to a sentence reduc… |
| 24-963 |
Elvin Torres-Estrada v. United States |
First Circuit |
2025-03-07 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process effective-assistance plea-bargaining prosecutorial-discretion |
Whether the inaccurate advice by a criminal defendant's attorney to reject a favorable plea agreement during plea negotiations, with the prosecutor's … |
| 24-958 |
Louis Ciminelli, Steven Aiello, Joseph Gerardi, & Alain Kaloyeros v. United States |
Second Circuit |
2025-03-06 |
Denied |
|
appellate-review criminal-procedure double-jeopardy legal-standard retroactivity sufficiency-challenge |
Whether, before remanding for retrial, the Double Jeopardy Clause requires an appellate court to resolve a preserved sufficiency challenge applying th… |
| 24-6704 |
Brian Jury v. Ohio |
Ohio |
2025-03-05 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review brady-violation criminal-procedure due-process evidence-suppression prosecutorial-misconduct |
Did the Ohio Sixth District Court of Appeals impose an improper standard for Brady claims by requiring proof of state possession of evidence and mater… |
| 24-6687 |
Jason Jayavarman v. United States |
Ninth Circuit |
2025-03-04 |
Denied |
Response WaivedRelisted (2)IFP |
child-pornography criminal-procedure duplicitous-indictment ineffective-counsel plea-offer rule-8a |
Is an indictment duplicitous when it charges multiple offenses in a single count and does Federal Rule of Criminal Procedure 8(a) prohibit such chargi… |
| 24-6690 |
Arjune Ahmed v. United States |
Eighth Circuit |
2025-03-04 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure defendant-rights evidence-admission federal-rule-of-evidence sexual-assault |
What does it mean to be 'accused of sexual assault' for purposes of Federal Rule of Evidence 413, and when can such evidence be admitted in a criminal… |
| 24-6694 |
Emilio Santiago v. United States |
Eleventh Circuit |
2025-03-04 |
Denied |
Response WaivedIFP |
appellate-decision career-offender criminal-procedure judicial-review retroactive-application sentencing-enhancement |
Whether an intervening Court of Appeals decision invalidating a defendant's career offender enhancement should be applied retroactively |
| 24-947 |
Chanel Wiley v. United States |
Ninth Circuit |
2025-03-04 |
Denied |
Response Waived |
constitutional-rights court-precedent criminal-procedure jury-prejudice ninth-circuit physical-restraints |
Whether a criminal defendant whose government imposed restraint is perceptible to a jury must show actual prejudice, or whether prejudice inheres |
| 24-6674 |
Kevin Millette v. United States |
First Circuit |
2025-02-28 |
Denied |
Response WaivedIFP |
appellate-jurisdiction compassionate-release criminal-procedure federal-sentencing habeas-corpus sentencing-modification |
Whether a federal district court's compassionate release order can be appealed after the defendant has been released from custody |
| 24-6678 |
Omari Howard Patton v. United States |
Third Circuit |
2025-02-28 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity extrapolation leadership-enhancement sentencing-guidelines uncharged-participants |
Whether a leadership enhancement under U.S. Sentencing Guidelines 3B1.1(a) is permissible when drug quantity is extrapolated without chemist testimony… |
| 24-6667 |
Luke John Scott, Sr. v. United States |
Ninth Circuit |
2025-02-27 |
Denied |
Response WaivedIFP |
criminal-procedure false-testimony federal-question obstructing-justice sentencing-guidelines trial-testimony |
Does a criminal defendant's trial testimony constitute a willful intent to provide materially false testimony as required for a two-level increase for… |
| 24-6671 |
Isaac Doyle Koch v. Iowa |
Iowa |
2025-02-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process law-enforcement official-act resistance statutory-interpretation |
What is the difference between interfering with an official act and refusing an official crime? What is the effect, when statute disallows all physica… |
| 24-6652 |
David R. Kitchen v. United States |
Fourth Circuit |
2025-02-26 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-circuit home-detention judicial-review sentencing-discretion supervised-release |
Whether the Fourth Circuit erred by affirming the District Court's discretion in sentencing Mr. Kitchen to six (6) months of home detention for a supe… |
| 24-6653 |
John Douglas Alexander v. Jonathan Nance, Warden |
Fourth Circuit |
2025-02-26 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process implied-malice jury-instructions self-defense |
Did the lower Court err in finding that Petitioner's Conviction and sentence were not obtained unconstitutionally in violation of due process rights? |
| 24-6654 |
Willie Alsha Hill v. United States |
Ninth Circuit |
2025-02-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure indictment jury-instruction multiple-conspiracies trial-rights |
Whether a multiple conspiracies instruction cannot, as a matter of law, be given where a defendant proceeds to trial alone |
| 24-6659 |
Ronnie Lee Seward v. United States |
Eleventh Circuit |
2025-02-26 |
Denied |
Response WaivedIFP |
appellate-review career-criminal criminal-procedure drug-trafficking florida-law sentencing |
Did the District Court erroneously sentence Petitioner as a career criminal based on prior convictions for Florida trafficking in amphetamine? |
| 24-6634 |
Robert Andrew Wolter v. United States |
Eighth Circuit |
2025-02-25 |
Denied |
Response WaivedIFP |
circuit-split competency-evaluation criminal-procedure speedy-trial-act statutory-interpretation transportation-delay |
Whether time spent transporting a criminal defendant to a competency evaluation facility counts toward or is excluded from the 70-day Speedy Trial Act… |
| 24-6637 |
Roger Moss v. United States |
Tenth Circuit |
2025-02-25 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking fourth-amendment law-enforcement probable-cause search-warrant |
Does probable cause to believe a person is engaged in drug trafficking per se establish probable cause to search their home? If not, is the affiant's … |
| 24-6639 |
Mario Ayala Alfaro v. California |
California |
2025-02-25 |
Denied |
Response WaivedIFP |
common-law-infant criminal-procedure due-process eighth-amendment jurisdictional-defect mens-rea |
Whether punishing a common-law infant without requisite knowledge and mens rea violates the Eighth Amendment and due process rights when the defendant… |
| 24-6641 |
Chad Adam Cheever v. Oregon |
Oregon |
2025-02-25 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure due-process fair-trial law-enforcement-misconduct |
Whether law enforcement officials can systematically violate an individual's constitutional rights with impunity and whether a defendant retains funda… |
| 24-6644 |
Lola Shalewa Barbara Kasali v. United States |
Fifth Circuit |
2025-02-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defendant-presence jury-selection legal-jurisdiction trial-in-absentia |
Whether the Federal Rules of Criminal Procedure 43, case law, and the United States Constitution permit the trial in absentia of a defendant who is no… |
| 24-912 |
Earl Casperson Meggison v. Florida |
Florida |
2025-02-25 |
Denied |
Response Waived |
constitutional-law criminal-procedure ex-post-facto removal-provision sex-offender-registration state-courts |
Whether the Court should resolve the question of whether applying a more onerous sex offender registration removal provision violates ex post facto co… |
| 24-6646 |
Randy Allen Herman, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-02-25 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment ineffective-assistance-of-counsel insanity-defense involuntary-act sixth-amendment |
Whether Petitioner was deprived of effective assistance of counsel in violation of his Sixth and Fourteenth Amendments to the United States Constituti… |
| 24-6621 |
Curtis Brown v. United States |
Eleventh Circuit |
2025-02-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure fifth-amendment judicial-discretion sentencing-conditions supervised-release |
Whether a district court must orally pronounce all discretionary standard conditions of supervised release and make an individualized assessment under… |
| 24-6626 |
Stanford Wall v. United States |
Ninth Circuit |
2025-02-24 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-law criminal-procedure cross-examination evidence-law witness-credibility |
Whether, consistent with the Confrontation Clause, courts must apply a presumption favoring cross-examination of a government witness's general charac… |
| 24-6615 |
Gregory P. Damm v. United States |
Fifth Circuit |
2025-02-21 |
Denied |
Response WaivedIFP |
criminal-procedure federal-sentencing hearsay plain-error revocation-proceeding supervised-release |
Can a federal supervised release defendant can ever obtain relief on plain error for the erroneous admission of hearsay in a revocation proceeding? |
| 24-902 |
Ruel M. Hamilton v. United States |
Fifth Circuit |
2025-02-21 |
Denied |
|
appellate-review burden-of-proof constitutional-law criminal-procedure double-jeopardy jury-verdict |
Must a defendant arguing double jeopardy preclusion prove to a virtual certainty that an issue was decided by the jury in the first trial? |
| 24-6598 |
Rodney Boyles v. United States |
Eighth Circuit |
2025-02-20 |
Denied |
Response WaivedIFP |
civil-rights commerce-clause constitutional-provisions criminal-procedure federal-court-jurisdiction statutory-provisions |
Question not identified. |
| 24-6603 |
Michael Lee Gordon v. United States |
Sixth Circuit |
2025-02-20 |
Denied |
Response WaivedIFP |
compassionate-release criminal-procedure first-step-act retroactive-application sentencing-reduction statutory-interpretation |
Whether the 'reduced' penalties amended in the First Step Act of 2018 should be applied retroactively to cases prior to the amendment and whether such… |
| 24-6591 |
Kimberly Sponaugle v. United States |
Third Circuit |
2025-02-19 |
Denied |
Response WaivedIFP |
criminal-procedure expert-disclosure expert-witness-testimony federal-rules-of-evidence lay-opinion wire-fraud |
Whether the trial court erred in allowing prosecution expert witnesses to provide lay opinion testimony without making mandatory expert witness disclo… |
| 24-6580 |
Darrell Smith v. United States |
Eighth Circuit |
2025-02-18 |
Denied |
Response WaivedIFP |
constitutional-violations criminal-procedure due-process federal-jurisdiction judicial-ethics judicial-recusal |
Whether a federal judge should have recused himself under 28 U.S.C. §455(b)(2) due to prior involvement in creating the financial problems underlying … |
| 24-6586 |
Landon Hank Black v. Tennessee |
Tennessee |
2025-02-18 |
Denied |
Response RequestedResponse WaivedRelisted (7)IFP |
burden-of-proof constitutional-limits criminal-procedure due-process jury-instructions second-degree-murder |
Did the jury instructions imposing a burden of proving innocence of second-degree murder beyond a reasonable doubt violate due process precedents |
| 24-882 |
Derrick Chatman v. Mississippi |
Mississippi |
2025-02-18 |
Denied |
Response Waived |
constitutional-law criminal-procedure direct-remand jury-unanimity lesser-included-offense sixth-amendment |
Does a state court direct-remand rule that infers jury unanimity on a lesser-included offense violate the Sixth Amendment, where the jury's verdict wa… |
| 24-6573 |
Isaac Garcia Bracamontes v. California |
California |
2025-02-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-inference jury-instruction sex-offense |
Are the inferences of likely guilt and of actual guilt from a finding of disposition to commit sex offenses in California's standard criminal jury ins… |
| 24-6575 |
Marshall Ray Scarborough v. United States |
Fourth Circuit |
2025-02-14 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement sentencing |
Was it error for the Fourth Circuit to enforce Mr. Scarborough's appeal waiver to bar his sentencing appeal, and should this Court grant certiorari an… |
| 24-872 |
John Q. Hamm, Commissioner, Alabama Department of Corrections v. Joseph Clifton Smith |
Eleventh Circuit |
2025-02-14 |
Granted |
Amici (11)Relisted (3) |
atkins-v-virginia criminal-procedure habeas-corpus intellectual-disability iq-testing preponderance-of-evidence |
1. Whether, under a proper application of Atkins , a State can require a claimant to prove an IQ of 70 or less by a preponderance of the evidence.
2.… |
| 24-6558 |
Mauricio Gonzalez v. United States |
Eleventh Circuit |
2025-02-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eleventh-circuit judicial-notice statutory-interpretation witness-testimony |
Whether the Eleventh Circuit erred in multiple legal interpretations regarding statutory application and judicial procedure in a criminal case involvi… |
| 24-6554 |
Adriano Cortez v. United States |
First Circuit |
2025-02-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-admission government-tolling statute-of-limitations |
Whether the admission of evidence related to the defendant's prior actions violates the Due Process Clause and whether the government can invoke tolli… |
| 24-6541 |
Bartholomew Granger v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-02-11 |
Denied |
IFP |
abuse-of-writ criminal-procedure federal-constitutional-law habeas-corpus post-conviction-relief state-law-ground |
Whether the Texas Court of Criminal Appeals' unexplained abuse-of-writ ruling constitutes an adequate and independent state-law ground for denying pos… |
| 24-6543 |
Devin Chaney v. United States |
Fifth Circuit |
2025-02-11 |
Pending |
Response RequestedResponse WaivedRelisted (4)IFP |
appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-agreement sentencing-error |
Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and… |
| 24-6545 |
Rangsey Arundech Pich v. United States |
Ninth Circuit |
2025-02-11 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-interpretation sentencing written-order |
Whether a reviewing court may find ambiguity by going beyond the words used by the district court when pronouncing the relevant decision |
| 24A773 |
Munson P. Hunter, III v. United States |
Fifth Circuit |
2025-02-11 |
Presumed Complete |
|
appeal-waiver circuit-split constitutional-challenge criminal-procedure plea-agreement sentencing-rights |
Whether a criminal defendant's appeal waiver in a plea agreement can be invalidated by a sentencing judge's statement about the right to appeal or by … |
| 24A779 |
William Valentin v. United States |
Third Circuit |
2025-02-11 |
Presumed Complete |
|
constitutional-rights criminal-procedure due-process fifth-amendment first-amendment judicial-process |
Whether the First and Fifth Amendments protect criminal defendants from alleged constitutional violations in federal judicial proceedings that may inf… |
| 24-6511 |
Ian Mitcham v. Arizona |
Arizona |
2025-02-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure dna-profile fourth-amendment inevitable-discovery law-enforcement search-and-seizure |
Does inevitable discovery require an independent alternative investigation that is in progress at the time of the illegal search? |
| 24-6519 |
Larry R. Steele v. United States Postal Service, et al. |
Fifth Circuit |
2025-02-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure death-penalty habeas-corpus post-conviction texas-procedure |
Whether the Supreme Court of Texas improperly denied post-conviction relief to a death row inmate based on procedural grounds |
| 24-6520 |
Lalako Jonathan Jose v. Arizona |
Arizona |
2025-02-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony |
| 24-6523 |
Timothy W. Wright, Jr. v. Virginia |
Virginia |
2025-02-10 |
Denied |
IFP |
appellate-review civil-rights constitutional-law criminal-procedure due-process habeas-corpus |
Question not identified. |
| 24-6525 |
Richard Stephens Terry v. United States |
Eleventh Circuit |
2025-02-10 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-conflict criminal-procedure federal-law statutory-interpretation substantial-step |
Whether the Eleventh Circuit's interpretation of the substantial step element under 18 U.S.C. § 2422(b) is unconstitutional and conflicts with other f… |
| 24-6527 |
Hazhar A. Sayed v. Gilbert Caley, Warden, et al. |
Tenth Circuit |
2025-02-10 |
Denied |
IFP |
competency-hearing criminal-procedure due-process ineffective-assistance pro-se-litigant self-defense |
Whether the trial court violated Mr. Saved's procedural and substantive due process rights by failing to hold a competency hearing and allowing him to… |
| 24-6501 |
In Re Noel J. Bender |
|
2025-02-07 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure domestic-abuse due-process residential-judgment witness-testimony |
Whether a defendant's domestic abuse assault conviction is valid when he was present with the victim at the victim's home after being previously acqui… |
| 24-6505 |
Jerome Jones v. United States |
Fifth Circuit |
2025-02-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal-waiver circuit-split criminal-procedure plea-agreement sentencing-error statutory-right |
Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made errors as part of his plea agreemen… |
| 24-6474 |
Leonard Morrison v. United States |
Fifth Circuit |
2025-02-06 |
Denied |
Response WaivedIFP |
acca-enhancement armed-career-criminal-act constitutional-challenge criminal-procedure jury-determination predicate-offense |
Does the Supreme Court ruling in Erlinger v. United States render unconstitutional ACCA enhancements when predicate charges were not proven beyond a r… |
| 24-6488 |
Jordy Ezequiel Ochoa, aka Jordy Ezequil Ochoa-Cordova v. Robert Luna, Sheriff, Los Angeles County, California, et al. |
Ninth Circuit |
2025-02-06 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy habeas-corpus jury-trial mistrial probation-violation |
Is it a violation of clearly established federal law under the Double Jeopardy clause to allow a court to declare a mistrial based on a hung jury, hol… |
| 24A763 |
Kayle B. Bates v. Florida |
Florida |
2025-02-06 |
Presumed Complete |
|
constitutional-rights criminal-procedure death-penalty juror-interview post-conviction rule-3.575 |
Whether a Florida criminal defendant's constitutional rights were violated by the state supreme court's denial of a post-conviction motion seeking to … |
| 24-6480 |
Andrew J. Johnston v. United States |
Seventh Circuit |
2025-02-05 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure federal-statute habeas-corpus jurisdictional-bar post-conviction-relief |
Does 28 U.S.C. Section 2244(b)(1) apply to claims brought in second or successive motions for post-conviction relief under 28 U.S.C. Section 2255? |
| 24-839 |
Roman Storm v. United States District Court for the Southern District of New York |
Second Circuit |
2025-02-05 |
Denied |
Response Waived |
criminal-procedure district-court federal-rules inherent-power judicial-discretion mandamus |
Whether a district court may rely on its inherent power to contravene an express provision of Federal Rule of Criminal Procedure Rule 16, and whether … |
| 24A762 |
Jermaine Lamar Rutledge v. Arizona |
Arizona |
2025-02-05 |
Presumed Complete |
|
appellate-jurisdiction certiorari criminal-procedure state-court-review supreme-court-jurisdiction time-extension |
Whether the Arizona Court of Appeals' decision in a criminal case warrants Supreme Court review under 28 U.S.C. § 1257(a) |
| 24-6466 |
David Alcorn v. United States |
Fourth Circuit |
2025-02-04 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure defendants-rights district-court public-trial sixth-amendment |
Whether The Court Of Appeals Erred By Upholding The District Court's Violation Of Defendants' Sixth Amendment Right To A Public Trial? |
| 24-6469 |
Ramien Collins v. United States |
Eighth Circuit |
2025-02-04 |
Denied |
Response WaivedIFP |
appellate-review confrontation-clause criminal-procedure due-process right-to-counsel sixth-amendment |
Did the appellate court commit reversible error by denying Petitioner's direct appeal due to violations of the Confrontation Clause and Sixth Amendmen… |
| 24A758 |
Jonathan Stacy Berrier v. United States |
Eighth Circuit |
2025-02-04 |
Presumed Complete |
|
criminal-procedure factual-basis interstate-travel plea-agreement sentencing-variance sex-offense |
Whether a defendant's disputed factual assertions during a plea colloquy can preclude a substantial upward variance based on the government's uncontro… |
| 24-6453 |
Steven Michael Cenephat v. United States |
Eleventh Circuit |
2025-02-03 |
Denied |
Response WaivedIFP |
character-evidence evidence-rule federal-procedure intent-element mental-state prior-crime |
Does a court, in deciding whether a defendant's prior crime is relevant to the non-character issue of intent under Rule 404(b), need only determine wh… |
| 24-6456 |
Doran Maurice Smith v. Mississippi |
Mississippi |
2025-02-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process judicial-procedure mississippi-law |
Question not identified. |
| 24-6438 |
Iran Dwayne Ketchup v. United States |
Eleventh Circuit |
2025-01-31 |
Denied |
Response WaivedIFP |
criminal-procedure habeas-corpus ineffective-counsel judicial-injustice rule-60 section-2255 |
Whether Federal Rules of Civil Procedure Rule 60 allows re-opening of 28 U.S.C. § 2255 proceedings based on claims of judicial injustice and potential… |
| 24-6424 |
Terrance L. Clopton v. Illinois |
Illinois |
2025-01-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure evidence-tampering false-affidavit probable-cause warrantless-search |
Whether the use of a warrantless search by an officer based on a false affidavit violates the defendant's constitutional rights and can be grounds for… |
| 24-6412 |
Joey Lamont Brunson v. United States |
Fourth Circuit |
2025-01-29 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure exclusionary-rule fourth-amendment good-faith-exception wiretap-order |
Whether the good faith exception to the Fourth Amendment exclusionary rule applies to Title III wiretap orders that are insufficient on their face, an… |
| 24-6414 |
Albert Pinedo v. United States |
Ninth Circuit |
2025-01-29 |
Denied |
Response WaivedIFP |
bias criminal-procedure impartiality jury-selection sixth-amendment voir-dire |
Whether the Sixth Amendment requires a prospective juror to make an unequivocal commitment to impartiality after revealing their actual bias |
| 24A742 |
Jose Lewis Bosquez v. Arizona |
Arizona |
2025-01-29 |
Presumed Complete |
|
appellate-review arizona-courts certiorari criminal-procedure due-process post-conviction |
Whether the Arizona Court of Appeals violated the petitioner's constitutional due process rights in its underlying criminal case decision |
| 24A744 |
Leonard Harris v. Nakita Ross, et al. |
Fourth Circuit |
2025-01-29 |
Presumed Complete |
|
capital-sentencing criminal-procedure exculpatory-evidence ineffective-assistance right-to-counsel sixth-amendment |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when counsel fails to adequately investigate and p… |
| 24-6403 |
Brian Dale Nixon v. Texas |
Texas |
2025-01-28 |
Denied |
Amici (1)Response WaivedIFP |
capital-murder constitutional-rights criminal-procedure due-process presumption-of-innocence trial-location |
Was the Petitioner's right to the presumption of innocence and to due process violated when the Petitioner's capital murder trial was conducted in thi… |
| 24-6407 |
Samuel Tanel Crittenden v. United States |
Fifth Circuit |
2025-01-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court fifth-circuit jury-instruction sufficiency-of-evidence |
Whether a conviction should be reversed and remanded for a new trial when a district court erroneously fails to give a jury instruction, despite suffi… |
| 24-6410 |
Antoine Wiggins v. United States |
Third Circuit |
2025-01-28 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (7)IFP |
circuit-split controlled-substance criminal-procedure federal-law sentencing-guidelines state-law |
Whether the term 'controlled substance' in the Sentencing Guidelines refers only to substances controlled under federal law or also includes substance… |
| 24-6411 |
Holly Kaye Hibbler v. Jeremy Howard, Warden |
Sixth Circuit |
2025-01-28 |
Denied |
Response WaivedIFP |
amendment-violation constitutional-rights criminal-procedure due-process sentencing-review unreasonable-sentence |
Whether Petitioner is entitled to resentencing where her minimum term was an unreasonable and disproportionate sentence violating her Constitutional r… |
| 24-6395 |
Robert Lewis Dear, Jr. v. United States |
Tenth Circuit |
2025-01-27 |
Denied |
Response WaivedIFP |
circuit-split competency-restoration criminal-procedure due-process forcible-medication sell-standard |
Whether a district court must specifically address substantial evidence undermining the case for forcible medication of a criminal defendant to restor… |
| 24-6393 |
Shamichael Antonio Pearson v. Louisiana |
Louisiana |
2025-01-27 |
Denied |
IFP |
criminal-procedure criminal-standard-of-proof identity-evidence jackson-v-virginia reasonable-doubt sufficiency-of-evidence |
Whether the evidence was sufficient under Jackson v. Virginia to prove beyond a reasonable doubt Mr. Pearson's identity as the perpetrator |
| 24-6396 |
Ryan Perrin v. United States |
Eleventh Circuit |
2025-01-27 |
Denied |
IFP |
armed-career-criminal-act categorical-approach criminal-procedure prior-conviction sentencing-enhancement state-court-decisions |
When applying the categorical approach to determine whether a prior state conviction qualifies as a predicate for the Armed Career Criminal Act (ACCA)… |
| 24-6389 |
Kalontae Carter, aka Kelontae Carter v. Doug Luneke, Warden |
Sixth Circuit |
2025-01-24 |
Denied |
IFP |
accomplice-testimony confrontation-clause criminal-procedure out-of-court-statements sixth-amendment testimonial-statements |
Whether the Confrontation Clause prohibits the introduction of non-testifying accomplice statements that directly implicate the accused |
| 24-6372 |
Isidro Romero-Corona v. United States |
Ninth Circuit |
2025-01-24 |
Denied |
Response WaivedIFP |
circuit-split constitutional-interpretation criminal-procedure due-process miranda-custody supreme-court-precedent |
Whether courts must apply the second step of Howes to determine if a person is 'in custody' for Miranda purposes |
| 24-6383 |
Christian Ricker v. Indiana |
Indiana |
2025-01-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance post-conviction prosecutorial-misconduct |
Whether the state appellate court's ruling on a criminal defendant's post-conviction claims of prosecutorial misconduct and ineffective assistance of … |
| 24-6387 |
Raymond Bradley v. Florida |
Florida |
2025-01-24 |
Denied |
IFP |
constitutional-sentencing criminal-procedure juvenile-sentencing mandatory-minimum proportionality-principle youth-consideration |
Whether the mandatory penalty scheme prevents a sentencer from considering a juvenile offender's youth in imposing a life sentence with a 25-year mini… |
| 24-6373 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2025-01-23 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining sixth-amendment |
Does a criminal defendant's plea of guilty preclude an ineffective assistance of counsel claim when counsel's performance falls below an objective sta… |
| 24-779 |
Roger Paul Bradford v. United States |
Eighth Circuit |
2025-01-23 |
Denied |
Response Waived |
criminal-indictment criminal-procedure district-court-jurisdiction judicial-review prosecutorial-discretion statutory-interpretation |
Whether an indictment that alleges conduct outside the reach of a criminal statute precludes a district court from exercising jurisdiction to adjudica… |
| 24A713 |
Matthew Lee Flowers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-01-22 |
Presumed Complete |
|
confrontation-clause constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to adequately investigate… |
| 24-6357 |
Montrese Antoine Snuggs v. United States |
Fourth Circuit |
2025-01-22 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment probation-condition search-and-seizure suspicionless-search warrantless-search |
Whether the Fourth Amendment authorizes warrantless, suspicionless searches of probationers as part of a condition of probation |
| 24-6340 |
Bruce E. Alexander v. United States |
Eighth Circuit |
2025-01-21 |
Denied |
Response WaivedIFP |
corroborating-circumstances criminal-procedure evidentiary-standard federal-rules-evidence hearsay-exception statement-against-interest |
Whether FRE 804(b)(3)(B)'s requirement of 'corroborating circumstances' necessitated consideration of the 'totality of circumstances' prior to the 202… |
| 24-6344 |
Tamir Abdullah v. United States |
Sixth Circuit |
2025-01-21 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity fair-sentencing-act first-step-act sentencing-range statutory-interpretation |
Does the statute of conviction or a drug quantity in the record determine eligibility for relief under Section 404 of the First Step Act? |
| 24-6348 |
Christopher Howard v. United States |
Second Circuit |
2025-01-21 |
Denied |
Response WaivedIFP |
constitutional-validity criminal-procedure inter-circuit-split jury-instructions rico-conspiracy vicar-statute |
Whether the Second Circuit's decisions overturning the District Court's acquittal on VICAR and 924(c) counts created an inter-circuit split regarding … |
| 24-6349 |
Joshua Wiley Mitchell v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-01-21 |
Denied |
IFP |
competency-determination criminal-procedure due-process psychiatric-evaluation statutory-procedure trial-rights |
Was the trial court required to follow state statutory procedures for competency determination and does denial of a psychiatric evaluation constitute … |
| 24-6335 |
Marcrease Delance Farmer v. United States |
Eighth Circuit |
2025-01-17 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-ineffective-assistance criminal-procedure due-process fundamental-fairness impartial-jury trial-rights |
Whether counsel was constitutionally ineffective for failing to investigate information regarding an altercation and whether the district court's deci… |
| 24-6339 |
Mark Tomas Regan v. Massachusetts |
Massachusetts |
2025-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process firearms-possession licensure-requirement second-amendment |
Whether the right to keep and bear arms, due process, double jeopardy, and licensure requirements prohibit retrial of a defendant on firearms possessi… |
| 24A709 |
Ghislaine Maxwell v. United States |
Second Circuit |
2025-01-17 |
Presumed Complete |
|
circuit-split criminal-procedure district-court federal-jurisdiction plea-agreement prosecutorial-discretion |
Whether a plea agreement entered in one federal district court is binding on federal prosecutors in other districts when resolving potential criminal … |
| 24A710 |
Mitchelle Derwin Robinson v. United States |
Eleventh Circuit |
2025-01-17 |
Presumed Complete |
|
admissibility-of-evidence criminal-procedure drug-trafficking evidence-rule-404b knowledge-and-intent propensity-evidence |
Whether evidence of prior drug trafficking can be admitted under Federal Rule of Evidence 404(b) to prove knowledge and intent without impermissibly r… |
| 24-6322 |
Todd Erling Becker v. United States |
Eleventh Circuit |
2025-01-16 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure eleventh-circuit habeas-corpus ineffective-assistance |
Did the Eleventh Circuit erroneously apply the certificate of appealability standard in denying Petitioner's 28 U.S.C. § 2255 claims |
| 24A703 |
Gavin Blake Davis v. United States |
Fifth Circuit |
2025-01-16 |
Presumed Complete |
|
appellate-review criminal-procedure due-process personal-safety pretrial-release substantive-rights |
Whether a criminal defendant's pretrial release, entered into for personal safety reasons, precludes interlocutory appellate review of substantive due… |
| 24-6313 |
Eric St. George v. Jason Lengerich, Warden, et al. |
Tenth Circuit |
2025-01-15 |
Denied |
IFP |
criminal-procedure due-process evidence-admission fourteenth-amendment fundamental-fairness propensity-evidence |
Does the admission of unrelated weapons evidence render a criminal trial fundamentally unfair under the Fourteenth Amendment, notwithstanding prior pr… |
| 24A691 |
Christopher E. Barnes v. United States |
Eleventh Circuit |
2025-01-15 |
Presumed Complete |
|
certiorari circuit-split criminal-procedure federal-appeals post-conviction time-extension |
Whether the Eleventh Circuit's ruling in a complex criminal case involving potential circuit splits warrants Supreme Court review |
| 24-6294 |
Christopher Lloyd Burnell v. United States |
Ninth Circuit |
2025-01-14 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split counsel-substitution court-appointed-counsel criminal-procedure defendant-rights sixth-amendment |
What standard governs a criminal defendant's motion to substitute retained with court-appointed counsel? |
| 24-6300 |
Pablo Gutierrez v. Florida |
Florida |
2025-01-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation-clause criminal-procedure due-process fourteenth-amendment interpreter-rights sixth-amendment |
Whether Petitioner was deprived of his rights to due process and confrontation under the Sixth and Fourteenth Amendments, where the interpreter was pr… |
| 24-6305 |
Francisco Villanueva v. United States |
Eighth Circuit |
2025-01-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process expert-witness eyewitness-testimony identification-procedure suggestive-circumstances |
Whether accused citizens are entitled to present expert eyewitness testimony when unduly suggestive circumstances surround the identification? |
| 24-6271 |
Javier Francisco Perez v. United States |
Fifth Circuit |
2025-01-13 |
Denied |
Response WaivedIFP |
categorical-approach criminal-procedure felony-offense probation-revocation sentencing-guidelines supervised-release |
Does the policy statement's text require the categorical approach? |
| 24-6273 |
Darren R. Reiner v. Wisconsin |
Wisconsin |
2025-01-13 |
Denied |
Response WaivedRelisted (2)IFP |
brady-violation criminal-procedure due-process evidence-withholding judicial-discretion probable-cause |
Whether a Wisconsin Circuit Court Judge abused judicial discretion by preventing defense counsel from alleging potential evidence withholding and whet… |
| 24-6276 |
Robert Anthony Zaccaro v. Florida |
Florida |
2025-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights judicial-discretion jury-determination sentencing-enhancement sentencing-facts |
Whether there are any exceptions to a Defendant's right to a jury determination of any fact which raises his minimum or maximum sentence? |
| 24-6284 |
Christopher Duncan v. United States |
Fifth Circuit |
2025-01-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 24-731 |
Michigan v. Mark David Woolley |
Michigan |
2025-01-13 |
Denied |
|
criminal-procedure fifth-amendment miranda-warnings polygraph-procedure self-incrimination voluntariness |
Whether Miranda warnings should be modified to create a rebuttable presumption of involuntariness rather than an irrebuttable rule of law, and whether… |
| 24-6286 |
Frank James v. United States |
Second Circuit |
2025-01-13 |
Denied |
Response WaivedIFP |
appellate-review charging-statute circuit-split criminal-procedure indictment-defect jurisdictional-error |
Whether a defect in an indictment is categorically a non-jurisdictional error, even if the indictment alleges conduct beyond the charging statute's sc… |
| 24-6257 |
Willie Cory Godbolt v. Mississippi |
Mississippi |
2025-01-10 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence-admissibility fourth-amendment search-and-seizure |
Whether a criminal defendant's constitutional rights were violated by the admission of evidence obtained through an allegedly improper search and seiz… |
| 24-6258 |
Michael Collins Iheme v. Minnesota |
Minnesota |
2025-01-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-counsel judicial-bias sentencing-errors |
Whether a defendant's conviction should be voided due to ineffective assistance of counsel, judicial bias, and procedural irregularities during crimin… |
| 24-6265 |
Ryan A. Fleming, Jr. v. United States |
Eighth Circuit |
2025-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure guilty-verdict miscarriage-of-justice police-testimony video-evidence weight-of-evidence |
Whether video evidence refuting police testimony that a defendant personally held a gun required reversal of a guilty verdict as sufficiently against … |
| 24-721 |
Jordan Shaun Rodgers v. Texas |
Texas |
2025-01-10 |
Denied |
|
absurdity-doctrine criminal-procedure due-process evidence-law jackson-v-virginia statutory-interpretation |
Whether Texas courts are applying the 'absurdity doctrine' in a manner that violates due process and whether Jackson v. Virginia allows jurors to rely… |
| 24A676 |
Mark Tomas Regan v. Massachusetts |
Massachusetts |
2025-01-10 |
Presumed Complete |
|
burden-of-proof criminal-procedure double-jeopardy due-process firearms-possession second-amendment |
Whether the Second Amendment, due process clause, and Fifth Amendment protection against double jeopardy prohibit retrial of a defendant on firearms p… |
| 24-6239 |
Charles Randy Bowlds, Jr. v. Oklahoma |
Oklahoma |
2025-01-08 |
Denied |
IFP |
appellate-review counsel-waiver criminal-procedure due-process supreme-court-precedent tenth-circuit |
Whether the Oklahoma Court of Criminal Appeals erred in its approach to re-appointment of counsel after a valid waiver of counsel, potentially contrad… |
| 24-6240 |
Jarrell Raeshon Bordeaux v. United States |
Fourth Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
co-conspirator-testimony conspiracy-evidence constitutional-rights criminal-procedure due-process evidence-admissibility |
Does the court's interpretation of conspiracy evidence and co-conspirator testimony violate due process rights in criminal proceedings? |
| 24-6241 |
Justin Michael Buehler v. United States |
Eighth Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
criminal-procedure cross-examination evidence-limitation informant-testimony judicial-discretion witness-credibility |
Did the District Court abuse its discretion by limiting the defendant's cross-examination of the key witness and informant's criminal history? |
| 24-6242 |
Kent Booher v. United States |
Sixth Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
anders-brief appellate-review criminal-procedure ex-post-facto plain-error substantial-rights |
Did the Court of Appeals err in its plain error review when it held that appellant had not suffered an effect on his substantial rights that may have … |
| 24-6253 |
Victor Clayton v. United States |
Third Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
criminal-procedure motion-to-dismiss motion-to-withdraw plea-agreement rule-12 sex-trafficking |
Did the district court err in denying defendant's motion to dismiss under Rule of Criminal Procedure 12(b)(3) for sex trafficking charges and did the … |
| 24-6231 |
Emmanuel Zleh Totaye, Jr. v. Iowa |
Iowa |
2025-01-03 |
Denied |
Response WaivedIFP |
criminal-procedure fair-trial fourteenth-amendment inconsistent-verdict reasonable-doubt sixth-amendment |
Does an inconsistent verdict in a criminal case violate a defendant's right to a fair trial under the Sixth Amendment and their right to be found guil… |
| 24-704 |
Xengxai Yang v. United States |
Seventh Circuit |
2025-01-02 |
Denied |
Response Waived |
collateral-review competency-claim criminal-procedure due-process habeas-corpus procedural-default |
Whether the procedural-default doctrine bars a competency-based due process claim when a petitioner raises that claim for the first time on collateral… |
| 24-706 |
Andrew Thomas Cowhy v. Michigan |
Michigan |
2025-01-02 |
Denied |
|
constitutional-law criminal-procedure judicial-precedent jury-trial sentencing sixth-amendment |
Whether the Court should reexamine its holding in Oregon v. Ice regarding the Sixth Amendment jury requirement for consecutive sentencing |
| 24-6218 |
Anthony McCarary v. United States |
Ninth Circuit |
2024-12-31 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-rules judicial-explanation preservation-of-error sentencing-reasonableness |
Does advocating for a particular sentence preserve the procedural reasonableness claim that a court failed to adequately explain the sentence when it … |
| 24-6209 |
Edvin Santiagomazariegos v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-12-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance sixth-amendment supreme-court-precedent |
Whether trial counsel's performance deprived Petitioner of his Sixth Amendment right to effective assistance of counsel as made applicable by the Four… |
| 24-695 |
Bill Cool, Warden v. Nathaniel Jackson |
Sixth Circuit |
2024-12-30 |
Denied |
|
criminal-procedure death-penalty lockett-precedent mitigation-evidence remand sentencing-review |
Whether state courts must reopen mitigation evidence in every death-penalty remand when the original error did not affect the defendant's opportunity … |
| 24-6215 |
Liston Watson v. United States |
Sixth Circuit |
2024-12-30 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure effective-assistance-of-counsel federal-conviction plea-agreement post-conviction-relief |
Whether the right to effective assistance of counsel attaches during a 28 U.S.C. §2255 proceeding when counsel is communicating a plea agreement to th… |
| 24-6195 |
Oyd McCray v. Jeff Tanner, Warden |
Sixth Circuit |
2024-12-26 |
Denied |
Response WaivedIFP |
actual-innocence criminal-procedure habeas-corpus miscarriage-of-justice schlup-standard sixth-circuit-review |
Whether the Sixth Circuit's piecemeal review of a factual record requires Supreme Court intervention to reaffirm the gateway actual innocence standard… |
| 24-6201 |
Christopher Jeorge Millican v. United States |
Ninth Circuit |
2024-12-26 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure hearsay search-warrant sixth-amendment testimonial-evidence |
Whether the Confrontation Clause allows the admission of testimonial documents created in response to a search warrant without direct confrontation of… |
| 24A623 |
Bruce E. Alexander v. United States |
Eighth Circuit |
2024-12-23 |
Presumed Complete |
|
corroborating-circumstances criminal-procedure evidence-rule-804 exculpatory-statement hearsay-exception unavailable-witness |
Whether the admission of a codefendant's exculpatory prior statement under Federal Rule of Evidence 804(b)(3) requires a stringent corroborating circu… |
| 24-672 |
Erma Wilson v. Midland County, Texas, et al. |
Fifth Circuit |
2024-12-20 |
Pending |
Amici (1)Response RequestedResponse WaivedRelisted (4) |
circuit-split criminal-procedure due-process habeas-corpus section-1983 statutory-interpretation |
If a person never had access to § 2254 to impugn the constitutionality of her state criminal proceeding, is § 1983 presumptively available (as in six … |
| 24A607 |
Anthony Craig Weimer v. Montana |
Montana |
2024-12-19 |
Presumed Complete |
|
bail certiorari constitutional-rights criminal-procedure pretrial-liberty supreme-court-review |
Whether a state court's denial of bail pending potential Supreme Court review violates a criminal defendant's constitutional right to pretrial liberty |
| 24-6173 |
James Louis Lange, II v. Texas |
Texas |
2024-12-18 |
Denied |
IFP |
competency-hearing court-of-criminal-appeals criminal-procedure due-process mental-competency trial-court |
Did the Texas Court of Criminal Appeals err in denying Applicant's contention that the trial court did not conduct a proper competency inquiry, thereb… |
| 24A597 |
Deonta Lowe v. United States |
Eleventh Circuit |
2024-12-18 |
Presumed Complete |
|
certiorari circuit-split criminal-procedure federal-appeals legal-complexity post-conviction |
Whether the Eleventh Circuit's decision in a complex criminal case involving potential circuit splits warrants Supreme Court review |
| 24A602 |
Zackery Terrell v. Texas |
Texas |
2024-12-18 |
Presumed Complete |
|
criminal-procedure eighth-amendment ineffective-assistance plea-bargain right-to-counsel sentencing-guidelines |
Whether ineffective assistance of counsel occurs when a criminal defense attorney provides misinformation about plea bargains, fails to appeal the suf… |
| 24-6166 |
Hector Arturo Campos v. Texas |
Texas |
2024-12-17 |
Denied |
IFP |
criminal-procedure deadly-weapon legal-standard provocation self-defense sudden-passion |
Whether evidence of former provocation is material in a Sudden Passion case and whether the legal standard was correctly applied in the analysis of se… |
| 24-6167 |
Rodney J. Lass v. Chris Buesgen, Warden |
Seventh Circuit |
2024-12-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure double-jeopardy mistrial prosecutorial-discretion vindictive-prosecution |
Whether actual vindictive prosecution can be established when a mistrial is declared and additional charges are brought, and whether an unsworn statem… |
| 24-6150 |
Reginold Cavoy Steed v. Johnny Fitz, Warden |
Sixth Circuit |
2024-12-16 |
Denied |
Response WaivedIFP |
brady-violation criminal-procedure electronic-docket judicial-review post-conviction presentence-report |
Does the omission of the presentence report from the Criminal Court's electronic docket constitute a Brady violation? |
| 24-6155 |
Charles Edward Johnson v. United States |
Fifth Circuit |
2024-12-16 |
Denied |
Response WaivedRelisted (2)IFP |
boilerplate-denial constitutional-rights criminal-procedure due-process fifth-amendment sentence-reduction |
Whether the denial of a motion for sentence reduction violates due process when issued on a boilerplate form |
| 24A584 |
Daryl Cook v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2024-12-16 |
Presumed Complete |
|
criminal-procedure due-process exculpatory-evidence ineffective-assistance right-to-counsel sixth-amendment |
Whether a criminal defendant's constitutional right to effective assistance of counsel was violated by the prosecution's failure to timely disclose po… |
| 24A585 |
Trinidad Alvarado v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-16 |
Presumed Complete |
|
constitutional-rights criminal-procedure evidence-suppression fourth-amendment methamphetamine-possession search-and-seizure |
Whether the Fourth Amendment prohibits the admission of evidence obtained through an allegedly illegal search and seizure in a state criminal prosecut… |
| 24-6140 |
Terrance L. Lavoll v. Jerry Howell, et al. |
Ninth Circuit |
2024-12-13 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process right-to-counsel sentencing sixth-amendment |
Whether the defendant's Sixth Amendment right to counsel was violated when he was denied access to court-appointed counsel before his sentencing heari… |
| 24-6141 |
Martin Garcia v. United States |
Ninth Circuit |
2024-12-13 |
Denied |
Response WaivedIFP |
aiding-and-abetting categorical-analysis criminal-procedure force-clause hobbs-act statutory-interpretation |
Whether Circuits have improperly applied categorical analysis to aiding and abetting's elements under 18 U.S.C. § 924(c)(3)(A)'s force clause and misi… |
| 24-6143 |
Gustavo Navaro v. United States |
Ninth Circuit |
2024-12-13 |
Denied |
Response WaivedIFP |
aiding-and-abetting carjacking categorical-analysis criminal-procedure force-clause statutory-elements |
Whether Circuits have failed to apply categorical analysis to aiding and abetting's distinct elements under 18 U.S.C. § 924(c)(3)(A)'s force clause an… |
| 24-6118 |
Ezekiel Isiah Delgado v. Neil McDowell, Warden |
Ninth Circuit |
2024-12-12 |
Denied |
IFP |
confession-admissibility criminal-procedure custodial-interrogation due-process miranda-rights supreme-court-precedent |
Did the Court of Appeal unreasonably apply Supreme Court Miranda precedents by admitting Delgado's second confession without curative measures after d… |
| 24-6132 |
In Re David Charles Thatcher |
|
2024-12-12 |
Denied |
IFP |
actual-innocence constitutional-violation criminal-procedure habeas-corpus ninth-circuit successive-petition |
Whether Mr. Thatcher's actual innocence and constitutional violations require vacatur of his petition and whether the Ninth Circuit's refusal to grant… |
| 24-6120 |
Leprinceton Dewon Burks v. United States |
Ninth Circuit |
2024-12-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court legal-theory mandatory-findings rule-12d |
Whether Rule 12(d) of the Federal Rules of Criminal Procedure mandates essential findings by district courts and requires appellate remand when findin… |
| 24-6107 |
Marcus Albert Rambo v. United States |
Eleventh Circuit |
2024-12-10 |
GVR |
IFP |
as-applied-challenge circuit-split constitutional-rights criminal-procedure second-amendment statutory-interpretation |
Whether a criminal defendant may raise an as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1) after Bruen and Rahimi, and if so, whether th… |
| 24-6109 |
Kevin Lewis and Otis Ponds v. United States |
Tenth Circuit |
2024-12-10 |
Denied |
Response WaivedIFP |
criminal-procedure department-of-justice evidence-standard statutory-interpretation title-iii wiretap-authorization |
What evidence must the government present in a wiretap application to establish that an authorized official approved the application, and what is the … |
| 24-6111 |
Junior Standly Martinez-Martinez v. United States |
Ninth Circuit |
2024-12-10 |
Denied |
Response WaivedIFP |
criminal-procedure indictment judicial-review legal-error motion-to-dismiss |
Whether the denial of Mr. Martinez's motion to dismiss the indictment was erroneous |
| 24-6081 |
Christopher Zamarripa v. United States |
Fifth Circuit |
2024-12-05 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure effective-assistance-of-counsel plea-agreement sentencing sixth-amendment |
Whether Zamarripa was denied effective assistance of counsel under the Sixth Amendment when his counsel advised him to accept a plea agreement that wa… |
| 24-6084 |
Christopher Roalson v. Jon Noble, Warden |
Seventh Circuit |
2024-12-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process due-process-clause evidence-preservation forensic-evidence |
Whether a state's forensic evidence preservation statute that allows destruction of evidence after a specified time period is consistent with a crimin… |
| 24-6062 |
Efe Clinton Osaghae v. Kansas |
Kansas |
2024-12-04 |
Denied |
Response WaivedIFP |
apprendi-precedent blakely-rule criminal-procedure jury-trial sentencing-enhancement sixth-amendment |
Does Blakely v. Washington establish an 'unpled but admitted facts' exception to Apprendi v. New Jersey's Sixth Amendment interpretation regarding jur… |
| 24-6072 |
John Rogers v. United States |
Ninth Circuit |
2024-12-04 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-conduct Does U.S.S.G. §3E1.1 apply when a defendant has vo plea-agreement sentencing-guidelines sentencing-reduction voluntary-termination |
Whether the two clauses in 18 U.S.C. §924(c) creates two separate crimes or a single crime and whether the conflation of the elements of the two disti… |
| 24-6056 |
Londell Bond v. Jasen Bohinski, Acting Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2024-12-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prejudice-analysis strickland-standard |
Does the 'probing and fact-specific analysis' mandated by Strickland v. Washington and Sears v. Upton require courts to weigh both the strengths and w… |
| 24-6061 |
Chadwick Smith v. United States |
Fifth Circuit |
2024-12-03 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure fifth-circuit-review firearms-conviction plain-error-review second-amendment |
Whether the Fifth Circuit erred in holding that petitioner's argument challenging his federal firearms-related conviction under the Second Amendment c… |
| 24-6064 |
Johnny Nunez Garcia v. United States |
Second Circuit |
2024-12-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure de-novo-review firearm-possession second-amendment supervised-release |
Whether a term of supervised release prohibiting possession of firearms violates the Second Amendment? |
| 24-6044 |
Antonio Shropshire v. United States |
Fourth Circuit |
2024-11-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure government-seizure sixth-amendment testimonial-autonomy trial-preparation |
Were Shropshire's Sixth Amendment rights violated by the government's seizure of trial preparation documents and interference with his testimonial aut… |
| 24-6047 |
Rodney Tyrone Henry v. United States |
Eighth Circuit |
2024-11-27 |
Denied |
Response WaivedIFP |
18-usc-3553a accomplice-liability circuit-court-review criminal-procedure premeditation sentencing |
Whether the Eighth Circuit misapplied precedent regarding premeditation and accomplice liability in sentencing a defendant under 18 U.S.C. § 3553(a) |
| 24-6042 |
David Leonard Wood v. Texas |
Texas |
2024-11-26 |
Denied |
IFP |
atkins-standard criminal-procedure due-process fourteenth-amendment judicial-disqualification judicial-ethics |
Whether the Due Process Clause requires judicial disqualification when a judge presides over a case after publicly commenting on a prior ruling in the… |
| 24A518 |
Zackary Ellis Sanders v. United States |
Fourth Circuit |
2024-11-26 |
Presumed Complete |
|
child-pornography circuit-split criminal-procedure electronic-data forfeiture-law property-rights |
Whether electronic data files stored on forfeitable devices constitute distinct 'property' under 18 U.S.C. § 2253(a) that can be separately returned w… |
| 24-577 |
Gilbert Perez v. United States |
First Circuit |
2024-11-25 |
Denied |
Amici (2) |
arrest-search criminal-procedure fourth-amendment law-enforcement luggage-search warrantless-search |
Does the Fourth Amendment prohibit the warrantless search of a backpack, piece of luggage, or other bag carried by an individual at the time of his ar… |
| 24-6031 |
Haitham Yousef Alhindi v. United States |
Eleventh Circuit |
2024-11-25 |
Denied |
Response WaivedIFP |
competency-determination criminal-procedure due-process insanity-defense-reform-act jackson-v-indiana statutory-interpretation |
Whether the four-month period for determining competency under 18 U.S.C. § 4241(d)(1) begins at commitment or upon arrival at a Bureau of Prisons hosp… |
| 24A511 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2024-11-25 |
Presumed Complete |
|
appellate-review criminal-procedure discretionary-jurisdiction jurisdictional-requirements notice-of-appeal state-supreme-court |
Whether a criminal defendant's notice of appeal to a state supreme court can be deemed timely and valid when the court dismisses the appeal without an… |
| 24-6011 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2024-11-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement post-conviction |
Whether a post-conviction motion challenging a plea agreement's validity can be considered when new evidence of ineffective assistance of counsel emer… |
| 24-6014 |
Ronald Cox v. Ronald S. Weber, Warden, et al. |
Fourth Circuit |
2024-11-21 |
Denied |
IFP |
appellate-review constitutional-claim criminal-procedure exculpatory-evidence ineffective-assistance sixth-amendment |
Whether the Fourth Circuit erred in denying relief for ineffective assistance of counsel under the Sixth Amendment by failing to recognize counsel's f… |
| 24-6016 |
Santiago Parks Howard-Rios v. United States |
Fifth Circuit |
2024-11-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum |
Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a … |
| 24-5987 |
Brandon Howard Mauk v. Michigan |
Michigan |
2024-11-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure jury-unanimity multiple-acts state-supreme-court verdict-violation |
Does Michigan violate a defendant's constitutional right to jury unanimity when the State Supreme Court refuses to recognize the difference in unanimi… |
| 24-5990 |
Darius Rush v. James Corrigan, Warden |
Sixth Circuit |
2024-11-19 |
Denied |
Response WaivedIFP |
brady-violation constitutional-rights criminal-procedure due-process evidence-suppression trial-counsel |
Whether a criminal defendant's constitutional rights were violated when trial counsel failed to challenge potentially coerced evidence and suppressed … |
| 24A495 |
Jordan Shaun Rodgers v. Texas |
Texas |
2024-11-19 |
Presumed Complete |
|
criminal-procedure diplomatic-intervention foreign-national ineffective-counsel post-conviction-relief texas-criminal-law |
Whether a foreign national's criminal conviction in Texas can be challenged on grounds of ineffective assistance of counsel or procedural irregulariti… |
| 24-557 |
David Asa Villarreal v. Texas |
Texas |
2024-11-18 |
Granted |
Amici (7)Response RequestedResponse WaivedRelisted (3) |
constitutional-rights criminal-procedure defendant-testimony right-to-counsel sixth-amendment trial-court |
Whether a trial court abridges the defendant's Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defen… |
| 24-5968 |
Brian Adkison v. Kelly Morriss, Acting Warden |
Eighth Circuit |
2024-11-14 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure ineffective-assistance jury-trial plain-error strickland-standard |
Whether the Strickland standard for ineffective assistance of counsel violates a defendant's right to a jury trial and requires clarification of preju… |
| 24-5972 |
Alex N. Morales-Velez v. United States |
First Circuit |
2024-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance mandatory-minimum plea-agreement sentencing-recommendation strickland-standard |
Whether defense counsel's failure to object to a sentencing recommendation constitutes ineffective assistance of counsel under Strickland v. Washingto… |
| 24-535 |
Gregory Rogers v. United States |
Sixth Circuit |
2024-11-13 |
Denied |
|
criminal-procedure expectation-of-privacy fourth-amendment law-enforcement search-and-seizure vehicle-search |
Whether a passenger in a borrowed, lawfully parked vehicle retains a Fourth Amendment expectation of privacy when making truthful statements to law en… |
| 24-5962 |
Preston M. Young v. Angela Phams, Warden, et al. |
Georgia |
2024-11-13 |
Denied |
IFP |
criminal-procedure due-process indictment ineffective-assistance prosecutorial-misconduct sixth-amendment |
Does a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to challenge an indictment or pr… |
| 24-5930 |
Anthony Tawon Williams v. Georgia |
Georgia |
2024-11-07 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment merger-errors sentencing |
Whether a criminal defendant's sentence violates the Fourteenth Amendment's due process rights when the trial court refuses to correct merger errors a… |
| 24-5938 |
John Charles Schnekenburger v. United States |
Eighth Circuit |
2024-11-07 |
Denied |
Response WaivedIFP |
18-USC-2253 circuit-split criminal-procedure non-contraband-seizure property-forfeiture statutory-interpretation |
Whether the scope of 18 USC §2253 allows for forfeiture of property contents and whether a criminal defendant can recover non-contraband items from fo… |
| 24-5921 |
Christopher Koteras v. Daniel Akers, Warden |
Sixth Circuit |
2024-11-06 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure evidentiary-hearing judicial-discretion sixth-amendment witness-communication |
Whether a victim's advocate's non-verbal communication with a child witness during trial constitutes prejudicial error that violates a defendant's rig… |
| 24-5924 |
Elliot Morales v. New York |
New York |
2024-11-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process right-to-counsel sentencing-exposure trial-court-procedure waiver |
Does a criminal trial court violate Iowa v. Tovar in failing to advise a defendant of his potential sentencing exposure before waiving right to trial … |
| 24-5926 |
Glenn Thomas v. United States |
Second Circuit |
2024-11-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence judicial-discretion sentencing |
Question not identified. |
| 24-5927 |
William Dale Watson v. William Streeter, Warden, et al. |
Eleventh Circuit |
2024-11-06 |
Denied |
Relisted (2)IFP |
criminal-procedure evidence-admissibility judicial-error jurisdictional-challenge prosecutorial-misconduct trial-fairness |
Did the Alabama Criminal Court of Appeals err in affirming Watson's conviction despite alleged jurisdictional defects, inadmissible evidence, and pros… |
| 24A457 |
Tony Lamons Gooch III v. Tennessee |
Tennessee |
2024-11-06 |
Presumed Complete |
|
constitutional-error criminal-procedure ineffective-assistance post-conviction-relief sixth-amendment trial-counsel |
Whether the Sixth Amendment requires a state court to allow a criminal defendant to fully litigate ineffective assistance of counsel claims when the t… |
| 24-5893 |
Mahlon Prater, Jr. v. United States |
Sixth Circuit |
2024-11-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof circuit-split conspiracy-charges constitutional-law criminal-procedure double-jeopardy |
Whether courts should assess the degree of difference or overlap between charged conspiracies to determine a double jeopardy violation |
| 24-5916 |
Javance Mickey Wilson v. California |
California |
2024-11-05 |
Denied |
IFP |
capital-sentencing constitutional-amendments criminal-procedure death-penalty jury-findings reasonable-doubt |
Does California's capital-sentencing scheme violate the Fifth, Sixth, and Fourteenth Amendments by failing to require jury factual findings for death … |
| 24-5898 |
Herman Felton, Jr. v. United States |
Fourth Circuit |
2024-11-04 |
Denied |
Response WaivedIFP |
appellate-review constitutional-violation criminal-procedure evidentiary-hearing habeas-corpus pro-se-petition |
Why was the petitioner denied an evidentiary hearing and what constitutional violations occurred? |
| 24-5905 |
Huosheng Xian v. United States |
Tenth Circuit |
2024-11-04 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure jury-verdict mandatory-minimum safety-valve sentencing |
Whether a sentencing judge can make safety-valve findings when a defendant's statements are inconsistent with the jury's verdict |
| 24A442 |
Dale Scott Heineman v. United States |
Ninth Circuit |
2024-11-04 |
Presumed Complete |
|
criminal-procedure due-process incarceration peonage restitution sentencing |
Whether a criminal defendant's due process rights are violated when a sentencing hearing proceeds despite allegations of procedural defects and claims… |
| 24A444 |
Antonio Ulises Barrera-Mackorty v. United States |
Ninth Circuit |
2024-11-04 |
Presumed Complete |
|
constitutional-vagueness criminal-procedure federal-statute immigration-law naturalization supreme-court-jurisdiction |
Whether 18 U.S.C. § 1425(a) and the Naturalization Application Form N-400 are unconstitutionally vague in their application to immigrant criminal proc… |
| 24-5891 |
Kimberly Cannon v. Florida |
Florida |
2024-11-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fundamental-error judicial-discretion probation-violation sentencing-discretion |
Whether a trial court commits fundamental error by considering a subsequent offense without arrest or conviction when sentencing a probation violation… |
| 24-5896 |
Matthew Myke v. Wisconsin |
Wisconsin |
2024-11-01 |
Denied |
Response WaivedIFP |
character-evidence criminal-procedure ineffective-assistance sexual-assault trial-strategy witness-testimony |
Whether failure to advise an accused about testifying and developing character evidence constitutes ineffective assistance of counsel in a sexual assa… |
| 24-5897 |
Justin Jermaine Johnson v. Stephen Duncan, Warden |
Fourth Circuit |
2024-11-01 |
Denied |
IFP |
criminal-procedure due-process evidentiary-admission harmless-error mistrial witness-testimony |
Whether the admission of investigator testimony via Skype, pre-death victim photos, and denial of mistrial constitute harmless error or violate due pr… |
| 24-496 |
William Michael Crothers v. Wyoming |
Wyoming |
2024-10-31 |
Denied |
Response Waived |
brady-violation criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-credibility |
Did Wyoming state courts misapply the Brady v. Maryland rule by concluding that the prosecution's withholding of material exculpatory evidence did not… |
| 24-5862 |
Ismael Hernandez-Hernandez v. United States |
Fifth Circuit |
2024-10-31 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure indictment jury-trial prior-conviction statutory-maximum |
Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and proven to a jury beyond a reasonable doubt |
| 24-5871 |
Jeremy Travis Payne v. United States |
Ninth Circuit |
2024-10-31 |
Denied |
Response WaivedIFP |
biometric-data constitutional-rights criminal-procedure fifth-amendment self-incrimination testimonial-evidence |
Whether the forced use of biometric data to unlock a cellphone constitutes a 'testimonial' act under the Fifth Amendment |
| 24-477 |
Thomas John Boukamp v. United States |
Fifth Circuit |
2024-10-30 |
Denied |
Response Waived |
competency-to-stand-trial criminal-procedure due-process fifth-circuit judicial-standard mental-capacity |
Whether the Dusky standard for competency to stand trial requires a defendant to have a rational and factual understanding of the proceedings against … |
| 24-478 |
Omnisun Azali v. Ohio |
Ohio |
2024-10-30 |
Denied |
Amici (1)Response Waived |
appellate-review burden-of-proof constitutional-rights criminal-procedure self-defense sufficiency-of-evidence |
Does express statutory permission to act in self-defense trigger Sixth and Fourteenth Amendment protections requiring prosecutors to prove beyond a re… |
| 24-5859 |
Hugo Rangel-Botello v. Texas |
Texas |
2024-10-30 |
Denied |
Relisted (2)IFP |
constitutional-violation court-of-criminal-appeals criminal-procedure documentary-evidence due-process habeas-corpus |
Whether the Texas Court of Criminal Appeals improperly denied habeas relief based on documentary evidence and constitutional violations |
| 24-5861 |
Robert Joseph Schmitt v. Texas |
Texas |
2024-10-30 |
Denied |
Relisted (2)IFP |
concurrent-sentencing constitutional-rights criminal-procedure due-process ineffective-assistance statutory-interpretation |
Did the Texas Court of Criminal Appeals err in not exercising their inherent authority to correct an unlawful sentence due to ineffective assistance o… |
| 24-5863 |
Andres C. v. Connecticut |
Connecticut |
2024-10-30 |
Denied |
Response WaivedIFP |
brady-material constitutional-rights criminal-procedure due-process evidence-review prosecutorial-discretion |
Whether prosecutors may delegate Brady material review to a nonlawyer staff member or must personally review potential exculpatory evidence |
| 24-5865 |
Reginald Donell Rice v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-10-30 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction-relief |
Whether a state court's denial of post-conviction relief based on ineffective assistance of counsel claims violates a criminal defendant's constitutio… |
| 24-5868 |
William J. Webb, Jr. v. Delaware |
Delaware |
2024-10-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure faretta-hearing pro-se-representation right-to-counsel sixth-amendment |
Whether the Delaware Supreme Court correctly determined that a criminal defendant forfeited his Sixth Amendment right to counsel when proceeding pro s… |
| 24-5869 |
Shawn Eric Durrah, Jr. v. United States |
Eighth Circuit |
2024-10-30 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure dangerous-weapon-enhancement drug-distribution firearm-possession sentencing-guidelines |
Whether mere presence of a firearm and nexus to narcotic activity is sufficient to apply the dangerous weapon enhancement under U.S.S.G. § 2D1.1(b)(1)… |
| 24-5840 |
David R. Schachtner v. Chris Brewer, Warden |
Eighth Circuit |
2024-10-29 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure fair-trial impeachment-evidence motion-to-suppress prior-bad-acts trial-court-discretion |
Whether a trial court abused its discretion by denying a motion to suppress impeachment evidence and admitting prior bad acts evidence that prejudicia… |
| 24-5852 |
Alexander W. Kawleski v. United States |
Seventh Circuit |
2024-10-29 |
Denied |
Response WaivedIFP |
child-pornography constitutional-authority criminal-procedure due-process interstate-commerce witness-credibility |
Did the lower courts err in not granting a new trial based on contradictory witness testimony and potential due process violations in a child pornogra… |
| 24A416 |
Ricky Durham v. Richard Adams, Warden |
Missouri |
2024-10-29 |
Presumed Complete |
|
constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance missouri-supreme-court |
Whether the Missouri Supreme Court's denial of habeas relief to a criminal defendant comports with federal constitutional standards of due process and… |
| 24-5837 |
Ruben Aguilera v. United States |
Fifth Circuit |
2024-10-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review armed-career-criminal-act certificate-of-appealability criminal-procedure jury-determination section-2255 |
May a petitioner in his initial § 2255 stage who has preserved the claim that a jury must decide the 'occasions' clause of the Armed Career Criminal A… |
| 24-5823 |
Jose Bernazard v. Mark Miller, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2024-10-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance post-conviction-relief |
Whether a state court's denial of post-conviction relief based on ineffective assistance of counsel claims violates a petitioner's due process rights … |
| 24-5826 |
In Re Daniel Laurel |
|
2024-10-25 |
Denied |
IFP |
article-iii-jurisdiction constitutional-violations criminal-procedure due-process habeas-corpus judicial-standing |
Whether lower courts can deny habeas corpus access, proceed without proper affidavits, and maintain Article III jurisdiction despite jury acquittal |
| 24-5829 |
Ricky Donnell Abner v. United States |
Fourth Circuit |
2024-10-25 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure drug-trafficking due-process geographical-location section-924c |
Whether a §924(c) 'Possession In furtherance of' offense requires geographical location proof when possession is alleged to have occurred simultaneous… |
| 24-5815 |
Joseph S. Addison v. Tim Shoop, Warden |
Sixth Circuit |
2024-10-24 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure right-to-counsel self-representation sixth-amendment trial-court-discretion |
Whether a defendant can be denied their Sixth Amendment right to self-representation when they have clearly and unequivocally invoked such right |
| 24-5819 |
Oscar Robinson v. United States |
Eleventh Circuit |
2024-10-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure plain-error plea-agreement sentencing substantial-rights |
Whether a criminal defendant meets the substantial rights prong of plain error review when sentence differences on separate counts would change absent… |
| 24-5820 |
Tevon Ngomba v. United States |
First Circuit |
2024-10-24 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure first-circuit obstruction-of-justice sentencing-guidelines united-states-sentencing-guidelines |
Whether the Court of Appeals erred in affirming a two-level sentencing enhancement for obstruction of justice and denying acceptance of responsibility… |
| 24A398 |
Ralph Berry v. United States |
Second Circuit |
2024-10-23 |
Presumed Complete |
|
criminal-procedure en-banc excusable-neglect legal-resources petition-for-rehearing pro-se |
Whether a pro se criminal defendant's failure to timely file a petition for rehearing en banc due to lack of legal resources and understanding constit… |
| 24-5792 |
Mark A. Whitworth v. United States |
Eighth Circuit |
2024-10-22 |
Denied |
Response WaivedIFP |
criminal-procedure for-cause-strike judicial-discretion jury-selection trial-fairness venireperson-bias |
Should a criminal defendant be required to prove prejudice when a federal district court erroneously strikes a potential juror for cause based on her … |
| 24-5807 |
Christopher Collings v. David Vandergriff, Warden |
Missouri |
2024-10-22 |
Denied |
IFP |
brady-violation cause-and-prejudice criminal-procedure due-process impeachment-evidence prosecutorial-misconduct |
Whether the State's failure to disclose impeachment evidence constitutes cause sufficient to excuse the petitioner's prior non-presentation of due pro… |
| 24A379 |
Londell Bond v. Jasen Bohinski, Acting Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2024-10-22 |
Presumed Complete |
|
constitutional-rights criminal-procedure habeas-corpus ineffective-assistance post-conviction sixth-amendment |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel was violated by counsel's deficient performance during the pos… |
| 24-436 |
Robert James Rainey v. Colorado |
Colorado |
2024-10-18 |
Denied |
Response Waived |
appointed-counsel constitutional-rights criminal-procedure indigent-defendant right-to-counsel sixth-amendment |
Whether the Sixth Amendment guarantees an indigent defendant the right to continued representation by appointed counsel equivalent to an affluent defe… |
| 24-5780 |
Alex Ryle v. Brian Emig, Warden, et al. |
Third Circuit |
2024-10-18 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy fifth-amendment habeas-corpus sentencing |
Whether multiple convictions and sentences for possessing one loaded firearm violate the Fifth Amendment's Double Jeopardy Clause |
| 24A370 |
Michel D'Angelo v. United States |
First Circuit |
2024-10-18 |
Presumed Complete |
|
attorney-client certiorari communication-barriers criminal-procedure due-process pro-se-petition |
Whether a criminal defendant's right to effective communication with counsel is impaired when prison administrative procedures prevent timely attorney… |
| 24-5771 |
Kyle Christopher Zoellner v. City of Arcata, California, et al. |
Ninth Circuit |
2024-10-17 |
Denied |
IFP |
criminal-procedure due-process evidence-tampering fourth-amendment probable-cause sixth-amendment |
Whether the Ninth Circuit erred in affirming the district court's judgment regarding probable cause for arrest and the constitutional implications of … |
| 24-5777 |
Daniel Loren Jenkins v. Erin Reyes, Superintendent, Two Rivers Correctional Institution |
Ninth Circuit |
2024-10-17 |
Denied |
Response WaivedIFP |
attorney-client-privilege confidentiality constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment |
Whether Supreme Court precedent establishes an exception to attorney-client confidentiality privilege when defense counsel determines a need to disclo… |
| 24A355 |
James Cobb Hutto v. Mississippi |
Mississippi |
2024-10-16 |
Presumed Complete |
|
constitutional-review criminal-procedure habeas-corpus post-conviction successive-petition supreme-court-review |
Whether a state supreme court's denial of a successive post-conviction petition violates a criminal defendant's constitutional right to meaningful hab… |
| 24A357 |
Eghbal Saffarinia, aka Eddie Saffarinia v. United States |
District of Columbia |
2024-10-16 |
Presumed Complete |
|
administrative-law agency-investigation criminal-procedure government-forms obstruction-of-justice statutory-interpretation |
Whether 18 U.S.C. §1519's prohibition on obstructing agency 'proper administration of a matter' encompasses routine administrative paperwork review or… |
| 24-409 |
Roderick Jones v. Tommy Bowen, Warden |
Georgia |
2024-10-11 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions sixth-amendment |
Whether McCoy v. Louisiana permits counsel to concede a client's guilt in direct contradiction of the client's testimony and whether such a concession… |
| 24-5748 |
LaVanzel Kerr v. United States |
Fifth Circuit |
2024-10-11 |
Denied |
Response WaivedIFP |
affirmative-defense constitutional-challenge criminal-procedure firearms-statute sentencing-guidelines statutory-interpretation |
May a district court apply a U.S.S.G. § 2K2.1(b)(6) enhancement without resolving a defendant's affirmative defense claim, and is 18 U.S.C. § 922(g) u… |
| 24-5751 |
Nicolas Dominique v. Florida |
Florida |
2024-10-11 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process judicial-discretion sentencing victim-impact-statement |
Whether a judge's use of a victim impact statement as an aggravating factor or for fact-finding to increase a defendant's punishment, without a jury d… |
| 24-5737 |
Matt Jones, aka Mack Jones v. United States |
Third Circuit |
2024-10-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy indictment-dismissal motion-to-suppress speedy-trial |
Whether the Third Circuit erred in not reversing the District Court's failure to dismiss an indictment based on alleged double jeopardy and speedy tri… |
| 24-5738 |
Corloyd Anderson v. United States |
Fourth Circuit |
2024-10-10 |
Denied |
Response WaivedIFP |
affiant-misconduct bad-faith criminal-procedure fourth-amendment probable-cause warrant-clause |
Does the Warrant Clause require a new trial when newly-discovered evidence establishes that a law enforcement affiant concealed prior felonious conduc… |
| 24-5728 |
Anthony Raymoné Clark v. Oklahoma |
Oklahoma |
2024-10-09 |
Denied |
IFP |
appeal-process criminal-procedure district-court final-judgment post-conviction procedural-rules |
Whether the trial judge and state's attorney improperly created an impediment to a timely post-conviction application appeal |
| 24-5729 |
Jerome Coast v. Georgia |
Georgia |
2024-10-09 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence federal-law jurisdiction |
Question not identified. |
| 24-5721 |
Ryan Lawrence Anthony v. Josh Highberger, Superintendent, Oregon State Correctional Institution |
Ninth Circuit |
2024-10-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus serial-killer-confession |
Did the state court contravene Chambers and Holmes by excluding serial killer Smith's confession and condemning an innocent man to the fate of dying i… |
| 24A336 |
Michael Tyrone Young v. United States |
Eleventh Circuit |
2024-10-08 |
Presumed Complete |
|
appellate-review criminal-procedure district-court eleventh-circuit federal-jurisdiction writ-of-certiorari |
Whether the Eleventh Circuit correctly applied federal criminal procedural standards in reviewing the district court's judgment |
| 24-391 |
Felipe Petrone-Cabanas v. Arizona |
Arizona |
2024-10-08 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
criminal-procedure jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion |
Whether juveniles may be sentenced to life without parole under a system that did not afford the sentencing court discretion to choose any lesser opti… |
| 24-5725 |
Jose G. Barajas Gomez v. Daniel W. White, Superintendent, Monroe Correctional Complex |
Ninth Circuit |
2024-10-08 |
Denied |
Response WaivedRelisted (2)IFP |
capital-punishment criminal-procedure ineffective-assistance mitigating-evidence sentencing-phase sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel is violated when counsel fails to investigate or present mitigating evidence duri… |
| 24-5714 |
Gerardo Farias-Contreras v. United States |
Ninth Circuit |
2024-10-07 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
circuit-court-variation criminal-procedure government-breach plain-error-review plea-agreement sentencing-recommendation |
Does plain-error review of a government's plea agreement breach focus on the scope of commitments to determine if the breach constitutes a 'plain' err… |
| 24-5715 |
Lashaun Casey v. United States |
First Circuit |
2024-10-07 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance law-enforcement-questioning safe-harbor statement-suppression strickland-standard |
Whether trial counsel rendered ineffective assistance by not moving to suppress statements made after the expiration of the 'safe harbor' under 18 U.S… |
| 24-5717 |
David Devaney, Jr. v. United States |
Fifth Circuit |
2024-10-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination |
Whether the statement 'I have to get a lawyer, I have to shut the interview down' constitutes an unambiguous request for counsel, and can a defendant'… |
| 24-5706 |
Paul Gary Wallace v. United States |
Ninth Circuit |
2024-10-04 |
Denied |
Response WaivedIFP |
ballistics-evidence criminal-procedure due-process forensic-testimony scientific-reliability toolmark-identification |
Whether a firearms examiner's conclusive testimony about ballistics matching violates a defendant's due process rights when such evidence is inherentl… |
| 24-5695 |
Deandre Johnson v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-10-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-claims criminal-procedure due-process habeas-corpus sentencing |
Whether the Supreme Court should review the lower court's opinion regarding constitutional claims related to sentencing and criminal procedure |
| 24-5700 |
Andersen Rable v. United States |
Eleventh Circuit |
2024-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
atf-interpretation criminal-procedure evidence-admissibility federal-firearms-license firearms-regulation mens-rea |
Whether the District Court erred in refusing to allow evidence of ATF's changed interpretation of solencer classification and in allowing a potentiall… |
| 24-372 |
William Robert Taft v. Colorado |
Colorado |
2024-10-02 |
Denied |
Response Waived |
criminal-procedure fourth-amendment probable-cause protective-sweep unreasonable-search warrant-requirement |
Whether the Colorado Court of Appeals reversibly erred by expanding the protective sweep exception to the Fourth Amendment warrant requirement beyond … |
| 24-5691 |
Antoine Edwards v. Bradley Scott, et al. |
Fifth Circuit |
2024-10-02 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-counsel sixth-amendment speedy-trial-act |
What is the appropriate remedy for a Speedy Trial Act violation under 18 U.S.C.A § 3161 and the Sixth Amendment's constitutional protections? |
| 24-5692 |
Jamie Patrick Hahn v. Angela Reaves, Warden, et al. |
Georgia |
2024-10-02 |
Denied |
Relisted (2)IFP |
constitutional-review criminal-procedure false-evidence habeas-corpus right-to-counsel sixth-amendment |
Whether the Georgia Supreme Court improperly denied the petitioner's habeas corpus petition by failing to review false evidence and potential Sixth Am… |
| 24A319 |
Hugo Rangel-Botello v. Texas |
Texas |
2024-10-02 |
Presumed Complete |
|
counsel-performance criminal-procedure habeas-corpus ineffective-assistance plea-agreement sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated during a plea agreement due to counsel's failure to provide informed… |
| 24A320 |
Joshua Idlefonso Villalobos v. Kris Mayes, Attorney General of Arizona, et al. |
Ninth Circuit |
2024-10-02 |
Presumed Complete |
|
criminal-procedure federal-review habeas-corpus ninth-circuit post-conviction procedural-rules |
Whether the Ninth Circuit improperly applied federal habeas corpus procedural rules in reviewing a state criminal defendant's post-conviction claims |
| 24-5677 |
Kelly Daniel Bass v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-10-01 |
Denied |
Response WaivedIFP |
constitutional-rights courtroom-closure criminal-procedure ineffective-assistance right-to-counsel speedy-trial |
Whether criminal defendants are required to prove prejudice for an ineffective assistance of counsel claim where counsel is absent during a critical s… |
| 24-5679 |
Christopher Michael Sevier v. United States |
Fifth Circuit |
2024-10-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure fifth-amendment sentencing-guidelines sixth-amendment statutory-interpretation |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 24-5684 |
Raunel Garcia-Suarez v. United States |
Fifth Circuit |
2024-10-01 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum |
Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a … |
| 24-5685 |
Okwuchukwu Jidoefor v. United States |
Eighth Circuit |
2024-10-01 |
Denied |
Response WaivedIFP |
circuit-court-interpretation contract-law criminal-procedure government-breach judicial-review plea-agreement |
Whether the Eighth Circuit's holding that a government breach of a plea agreement can be cured by a partial retraction conflicts with prior Supreme Co… |
| 24-5652 |
Tiffany Smith v. Shannon Olds, Warden |
Sixth Circuit |
2024-09-27 |
Denied |
IFP |
criminal-procedure due-process fourteenth-amendment jury-discretion provocation self-defense |
Whether the appellate court violated due process by affirming a conviction without properly considering uncontradicted evidence of self-defense and pr… |
| 24-5647 |
David Rashaun Hamil, Jr. v. Florida |
Florida |
2024-09-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12 person jury when the defendant is charged w… |
| 24-5648 |
Aramian Scott v. Illinois |
Illinois |
2024-09-26 |
Denied |
IFP |
aggravating-factor constitutional-rights criminal-procedure due-process sentence-enhancement subject-matter-jurisdiction |
Whether a 25-year sentence enhancement is void due to lack of subject matter jurisdiction, insufficient notice, and failure to submit an aggravating f… |
| 24-5610 |
Harold U. McGhee v. United States |
Seventh Circuit |
2024-09-25 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure franks-motion gps-tracker sixth-amendment warrant-affidavit |
Whether the District Court committed procedural and substantive errors in denying the Franks Motion and related legal challenges |
| 24-5630 |
Ernie Sacoman v. David Cole, Warden |
Tenth Circuit |
2024-09-25 |
Denied |
Relisted (2)IFP |
correctional-facility criminal-procedure good-time-credits habeas-corpus parole-modification sentencing-discretion |
Can a Court of Correctional Facility change petitioner's parole from 31-21-10 to 15 years when petitioner was originally sentenced to 30 years with tw… |
| 24-5635 |
Kim Bowers v. Payson City, Utah |
Utah |
2024-09-25 |
Denied |
Relisted (2)IFP |
confrontation-clause criminal-procedure defendant-presence due-process sixth-amendment trial-rights |
Whether a criminal defendant's right to be physically present during trial can be abridged when the defendant is absent voluntarily after the trial ha… |
| 24-330 |
Cid C. Franklin v. New York |
New York |
2024-09-24 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (9) |
bail-report confrontation-clause criminal-procedure cross-examination sixth-amendment testimonial-statements |
Whether the Sixth Amendment's Confrontation Clause applies to out-of-court statements admitted as evidence against criminal defendants if the statemen… |
| 24-5613 |
In Re Lyndon C. Davis |
|
2024-09-24 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance |
Whether the petitioner's due process rights were violated by the lower court's denial of his constitutional claims and ineffective assistance of couns… |
| 24-5608 |
Jason Smith v. United States |
Seventh Circuit |
2024-09-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation-clause constitutional-rights criminal-procedure recognizance-forfeiture sixth-amendment supervised-release |
Whether the Sixth Amendment right to confront accusers applies to revocations of federal supervised release based on historical understanding of jury … |
| 24-5587 |
Clayton Cornelius Reynolds v. Texas |
Texas |
2024-09-20 |
Denied |
IFP |
constitutional-review criminal-procedure habeas-corpus ninth-circuit post-conviction-relief state-court-review |
Whether the Ninth Circuit improperly applied constitutional standards in reviewing a state court's denial of a criminal defendant's post-conviction re… |
| 24-5594 |
Seldrick Carpenter v. United States |
Seventh Circuit |
2024-09-20 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
article-iii constitutional-rights criminal-procedure jury-trial sixth-amendment supervised-release |
Whether the Sixth Amendment and Article III create a jury right for federal supervised release revocation proceedings when new crimes are alleged |
| 24-5595 |
David Tran v. United States |
Fifth Circuit |
2024-09-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea plea-withdrawal voluntariness |
Whether a guilty plea entered without full knowledge and voluntariness can be withdrawn without further judicial inquiry |
| 24-5597 |
Justin Andre Lamoureux v. Florida |
Florida |
2024-09-20 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process felony statutory-provisions |
Question not identified. |
| 24-5600 |
Abimael Narvaez-Rosa v. United States |
First Circuit |
2024-09-20 |
Denied |
Response WaivedIFP |
criminal-procedure first-circuit incarceration-term judicial-breach plea-agreement sentencing-error |
Whether the First Circuit erred in rejecting a sentencing claim when the district court and government breached a plea agreement by imposing a sentenc… |
| 24-5573 |
Johnathan Samuel Borden v. United States |
Fifth Circuit |
2024-09-19 |
Denied |
Response WaivedIFP |
criminal-procedure suppression-motion |
Whether Borden's suppression motion should have been granted? |
| 24-5576 |
Jose Antonio Campos-Esqueda v. United States |
Fifth Circuit |
2024-09-19 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure firearms-possession interstate-commerce second-amendment statutory-interpretation |
Whether 18 U.S.C. §922(g)(1) is constitutional under the Second Amendment and whether conviction for firearm possession based on interstate travel is … |
| 24-5580 |
Octavius Artis v. United States |
Fourth Circuit |
2024-09-19 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure factual-basis plea-agreement sentencing-guidelines voluntary-plea |
Whether the district court erred in sentencing Artis as a career offender and whether the plea was voluntary and supported by a factual basis |
| 24-5571 |
Bakari Abdul Brown v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-09-18 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure felony-conviction ineffective-assistance stipulation |
Whether a circuit split exists regarding the ineffective assistance of counsel standard for stipulating to a defendant's prior felony conviction |
| 24-5566 |
Curtis Hunter v. Lieutenant Morris, et al. |
Eleventh Circuit |
2024-09-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process eleventh-circuit federal-appeals habeas-corpus |
Whether the Eleventh Circuit Court of Appeals improperly denied habeas corpus relief by failing to consider procedural due process violations |
| 24-295 |
Donald Herrington v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-09-16 |
Denied |
Response Waived |
circuit-split criminal-procedure fifth-amendment right-to-counsel sixth-amendment waiver-of-counsel |
Whether the Fourth Circuit erred in holding that a criminal defendant can waive counsel without being fully informed of the charges, potential defense… |
| 24-5554 |
Harry Lee Goldsboro v. Florida |
Florida |
2024-09-16 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-counsel judicial-review procedural-error |
Whether the Court of Appeals erred in dismissing the petitioner's claims of due process violations and ineffective assistance of counsel when the lowe… |
| 24-5536 |
Jose Reyes Ochoa v. United States |
Third Circuit |
2024-09-13 |
Denied |
Response WaivedIFP |
appellant-rights court-ruling criminal-procedure duress-defense judicial-discretion legal-error |
Did the Court err in precluding Appellant's 'duress' defense? |
| 24-5540 |
Mykel Lee McMillion v. United States |
Eighth Circuit |
2024-09-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure firearm-possession fourth-amendment open-carry warrantless-seizure |
Whether the possession of a firearm in an open-carry state, combined with other wholly innocent factors, is sufficient to justify a warrantless seizur… |
| 24-5545 |
Humberto Falcon San-Martin v. United States |
Eleventh Circuit |
2024-09-13 |
Denied |
Response WaivedIFP |
circuit-conflict constitutional-theory criminal-procedure government-agents judicial-doctrine sentencing-entrapment |
Whether government agents' conduct can constitute sentencing entrapment and whether the Court should resolve circuit conflicts on applying the entrapm… |
| 24-5544 |
Evan Wald v. New York |
New York |
2024-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
autopsy-report confrontation-clause crawford-standard criminal-procedure homicide-investigation testimonial-evidence |
Whether a certified autopsy report created as part of a homicide investigation is 'testimonial' under the Confrontation Clause framework established i… |
| 24-5530 |
Manuel Larry Jackson v. United States |
Ninth Circuit |
2024-09-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-preclusion fifth-amendment percipient-witness sixth-amendment |
Do the Fifth and Sixth Amendments guarantee a defendant the right to call a percipient witness to nearly the entirety of the Government's evidence pre… |
| 24-5514 |
Christopher Jensen v. Illinois |
Illinois |
2024-09-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure evidence-law jury-instructions sentencing trial-court |
Question not identified. |
| 24-5519 |
Matthew Peddicord v. United States |
Eleventh Circuit |
2024-09-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure evidence-admissibility prior-bad-acts propensity-evidence rule-404b |
Whether evidence of prior bad acts is admissible under Rule 404(b) where its relevance to a proper purpose depends on propensity reasoning |
| 24-5500 |
Terris Chanley Baker v. United States |
Sixth Circuit |
2024-09-10 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure evidence-standard federal-rule-of-evidence probative-knowledge whether-character-evidence |
Whether character evidence dated after the conclusion of a conspiracy is probative of knowledge under Federal Rule of Evidence 404(b)? |
| 24-5509 |
James Rashad Clay v. Roy Odum, Warden |
Eleventh Circuit |
2024-09-10 |
Denied |
Response WaivedIFP |
chain-of-custody constitutional-rights criminal-procedure due-process forensic-evidence witness-testimony |
Whether the November hair/shotgun residue report under Division of Forensic Sciences Case was properly handled and admitted as evidence |
| 24-5510 |
Dawayne Rolin Walker v. Michigan |
Michigan |
2024-09-10 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence judicial-procedure witness-testimony |
Question not identified. |
| 24-5486 |
Joel Salcedo v. United States |
Ninth Circuit |
2024-09-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process sixth-amendment speedy-trial |
Whether the petitioner was deprived of his Sixth Amendment right to a speedy trial |
| 24-5490 |
Eric Michael Corder v. Shawn Straughn, Superintendent, Northern Correctional Center |
West Virginia |
2024-09-09 |
Denied |
IFP |
constitutional-rights criminal-procedure defendant-hearing due-process legal-waiver plea-agreement |
Whether a state can constitutionally deny a defendant a hearing without formal waiver and whether a defendant can validly agree to plea terms without … |
| 24-5492 |
Jalen Rashad Pasley v. United States |
Sixth Circuit |
2024-09-09 |
Denied |
Response WaivedIFP |
criminal-procedure deprivation-of-liberty fifth-amendment individualized-assessment sentencing-conditions supervised-release |
Whether a district court must orally pronounce standard conditions of supervised release and assess their reasonableness under the Fifth Amendment |
| 24-5496 |
Jose Manuel Galan v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2024-09-09 |
Denied |
IFP |
child-sexual-abuse criminal-procedure due-process ex-post-facto jury-instructions penal-code |
Did the admission of evidence of child sexual abuse accommodation syndrome (CSAAS) violate Petitioner's due process rights, and did the trial court er… |
| 24-5497 |
Michael Scott Hoover v. United States |
Fourth Circuit |
2024-09-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-review reversible-error |
Whether a state court's failure to provide a substantive evidentiary hearing violates a criminal defendant's due process rights and constitutes revers… |
| 24-253 |
Avery Curry Archuleta, aka Avery Archuleta v. United States |
Ninth Circuit |
2024-09-06 |
Denied |
Response Waived |
criminal-procedure jury-instruction legal-standard self-defense trial-court unanimity |
Whether trial courts must instruct juries that self-defense decisions require unanimity |
| 24-5476 |
In Re William Harold Wright, Jr. |
|
2024-09-06 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-claim criminal-procedure habeas-corpus motion-to-vacate procedural-bar sentence-correction |
Whether the court erred in dismissing petitioner's amended motion to vacate, set aside, or correct sentence based on a procedural bar |
| 24-5481 |
Cody Mercure v. United States |
First Circuit |
2024-09-06 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment federal-sentencing judicial-review proportionality sentencing-guidelines |
Whether a 300-month sentence for a federal offense violates the Eighth Amendment's prohibition on grossly disproportionate sentences due to potential … |
| 24-5482 |
Travis Adam Brown v. United States |
Fifth Circuit |
2024-09-06 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure gun-rights second-amendment statutory-interpretation substantive-reasonableness |
Whether 18 U.S.C. § 922(g)(1) is constitutional under the Second Amendment |
| 24-5483 |
Spyros Panos v. United States |
Second Circuit |
2024-09-06 |
Denied |
Response WaivedIFP |
attorney-ethics conflict-of-interest constitutional-law criminal-procedure ineffective-assistance prejudice-standard |
Whether an unwaivable conflict arises when counsel and client are implicated in the same crime, and if so, what procedural and substantive standards a… |
| 24-5464 |
Jeromy Schiedenhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-09-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-sufficiency ineffective-assistance trial-counsel |
Whether Texas counsel fails to adequately challenge insufficient evidence and provide ineffective assistance of counsel in violation of U.S. Constitut… |
| 24-5465 |
William Orren Dawes v. California |
California |
2024-09-05 |
Denied |
IFP |
constitutional-rights criminal-law due-process evidence judicial-process legal-procedure |
Question not identified. |
| 24-5467 |
Joseph Miller v. Dan Redington |
Eighth Circuit |
2024-09-05 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-testimony |
Whether the prosecution's failure to disclose exculpatory evidence violated the respondent's due process rights and constitutional protections |
| 24-5468 |
Dennis L. Flint v. Florida |
Florida |
2024-09-05 |
Denied |
IFP |
constitutional-law criminal-procedure double-jeopardy precedent resentencing sentence-enhancement |
Whether a sentence can be enhanced during resentencing without violating double jeopardy principles |
| 24-5469 |
Carl Mott v. Paul Schreiber, Acting Warden |
Sixth Circuit |
2024-09-05 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law criminal-procedure due-process habeas-corpus |
Question not identified. |
| 24-5470 |
Larry Jerome Grady v. Kevin White, et al. |
Eleventh Circuit |
2024-09-05 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure dna-testing post-conviction-relief scientific-evidence statutory-interpretation |
Whether a state's post-conviction DNA testing statute unconstitutionally restricts a criminal defendant's ability to challenge a conviction through ne… |
| 24-5473 |
James Williams v. United States |
Second Circuit |
2024-09-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourth-amendment probable-cause search-and-seizure warrant-requirement |
Question not identified. |
| 24-5475 |
Joshua Joel Zamora Gonzales v. California Victim's Compensation Board |
California |
2024-09-05 |
Denied |
Response WaivedIFP |
conviction-appeal criminal-procedure due-process evidence-challenge judicial-review presumption-of-innocence |
Whether a criminal defendant can challenge a conviction based on the presumption of innocence when new evidence suggests potential misconduct |
| 24-247 |
Kenneth Kelley v. William S. Bohrer, Warden, et al. |
Fourth Circuit |
2024-09-04 |
Denied |
Response Waived |
criminal-procedure due-process guilty-plea habeas-corpus mens-rea vehicular-homicide |
Does this Court's clearly established precedent require an explanation and understanding of the elements of each charge to which a defendant pleads gu… |
| 24-5445 |
Soren Richard Olsen, II v. Washington |
Washington |
2024-09-04 |
Denied |
IFP |
constitutional-rights criminal-procedure habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-discretion |
Whether the lower court improperly applied prosecutorial discretion standards in denying post-conviction relief based on newly discovered evidence |
| 24-5447 |
Wilbert Lee Nubine v. Oklahoma |
Oklahoma |
2024-09-04 |
Denied |
IFP |
constitutional-law criminal-procedure due-process ex-post-facto parole-hearing statutory-interpretation |
Whether the retroactive application of Oklahoma's two-stage parole hearing process violates the Ex Post Facto Clause of the United States Constitution |
| 24-5450 |
Anthony H. Warnick v. Oklahoma |
Oklahoma |
2024-09-04 |
Denied |
Relisted (2)IFP |
criminal-procedure criminal-prosecution mcgirt-decision state-law tribal-jurisdiction tribal-lands |
Whether Oklahoma can prosecute a defendant under state law for crimes committed on tribal lands after the McGirt decision expanded tribal jurisdiction |
| 24-5451 |
Martin Moncada-de la Cruz v. United States |
Fifth Circuit |
2024-09-04 |
Denied |
IFP |
controlled-substances-act criminal-procedure drug-possession intent-to-distribute material-evidence witness-deportation |
Whether proof of possession with intent to distribute requires showing control over drugs beyond mere touching, and whether deportation of a material … |
| 24-5452 |
Dustin Sierra, aka Dustin Sierro v. United States |
Eighth Circuit |
2024-09-04 |
Denied |
Response WaivedIFP |
co-defendant criminal-procedure due-process eighth-circuit kidnapping severance |
Whether the defendant's case should have been severed from his co-defendant brother's case and whether the government sufficiently proved kidnapping c… |
| 24-5456 |
Robert Paul Durrell v. United States |
Sixth Circuit |
2024-09-04 |
GVR |
Relisted (2)IFP |
circuit-split criminal-procedure sentencing-discretion sentencing-factors statutory-interpretation supervised-release |
Whether a district court may rely on 18 U.S.C. § 3553(a)(2)(A) factors when revoking supervised release despite their omission from 18 U.S.C. § 3583(e… |
| 24A237 |
Andre Michael Dubois v. United States |
Eleventh Circuit |
2024-09-04 |
Presumed Complete |
|
amendment-821 criminal-procedure eleventh-circuit federal-sentencing retroactive-relief sentencing-guidelines |
Whether the retroactive application of United States Sentencing Guidelines Amendment 821 requires resentencing or relief for federal criminal defendan… |
| 24A238 |
Gregory Rogers v. United States |
Sixth Circuit |
2024-09-04 |
Presumed Complete |
|
criminal-procedure expectation-of-privacy fourth-amendment probable-cause vehicle-search warrantless-search |
Whether a passenger in a borrowed vehicle who has the owner's permission to use the car retains a Fourth Amendment privacy interest even when not driv… |
| 24-5435 |
Orlando Sanchez v. Fidencio N. Guzman, Warden |
Ninth Circuit |
2024-09-03 |
Denied |
IFP |
appellate-procedure constitutional-law criminal-procedure due-process judicial-review trial-rights |
Question not identified. |
| 24A228 |
Elliot Morales v. New York |
New York |
2024-09-03 |
Presumed Complete |
|
criminal-procedure pro-se-representation right-to-counsel sentencing-exposure sixth-amendment waiver |
Whether a criminal trial court violates the Sixth Amendment right to self-representation when it fails to inform a defendant of his actual sentencing … |
| 24-5430 |
Christopher J. Thorpe v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-08-30 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process habeas-corpus sexual-battery sixth-amendment |
Whether the Petitioner's constitutional right of confrontation was violated by the trial court's ruling that the 'door was opened' to a law enforcemen… |
| 24-5431 |
Jacob Valle v. Florida |
Florida |
2024-08-30 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science unanimous-verdict |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 24-5432 |
Irina Collier v. Donald J. Trump |
District of Columbia |
2024-08-30 |
Dismissed |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process equal-protection post-conviction-relief temporal-limitations |
Whether the temporal limitations imposed on a criminal defendant's post-conviction relief violated the Due Process and Equal Protection Clauses of the… |
| 24-227 |
John Kevin Woodward v. California, et al. |
California |
2024-08-29 |
Denied |
Response RequestedResponse WaivedRelisted (5) |
acquittal criminal-procedure double-jeopardy fifth-amendment judicial-interpretation substantial-evidence |
Does the Supreme Court of California's narrow test for an 'acquittal' under the Fifth Amendment conflict with this Court's precedent? |
| 24-5411 |
Mario Chavez v. Carlos Lazarin, Warden, et al. |
Tenth Circuit |
2024-08-28 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure due-process hearsay-evidence sixth-amendment |
Whether a criminal defendant's Sixth Amendment confrontation rights are violated when a court admits hearsay evidence through a surrogate witness in v… |
| 24-5398 |
William Michael Talley v. Texas |
Texas |
2024-08-27 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus judicial-review |
Whether the Court of Criminal Appeals erred in denying habeas corpus relief where potentially exculpatory evidence was withheld and the petitioner's c… |
| 24-5402 |
Craig Foote v. United States |
Third Circuit |
2024-08-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
counsel criminal-procedure ineffective-assistance sixth-amendment |
Whether the petitioner was denied effective assistance of counsel |
| 24-5401 |
Whitney Leigh Estep v. United States |
Fourth Circuit |
2024-08-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure fifth-amendment fourth-circuit sentencing-discretion witness-testimony |
Whether the Fourth Circuit erred in denying Ms. Estep's arguments regarding a witness's Fifth Amendment objection and the district court's sentencing … |
| 24-5405 |
Michael Edwin Harding v. United States |
Eleventh Circuit |
2024-08-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance plea-bargaining prejudice-standard sentencing-guidelines |
Whether the district court applied the incorrect prejudice standard in denying relief for ineffective assistance of counsel based on erroneous advice … |
| 24-5388 |
John Joseph Douglas v. United States |
Eighth Circuit |
2024-08-26 |
Denied |
Response WaivedIFP |
accomplice-liability armed-career-criminal-act criminal-liability criminal-procedure separate-offenses statutory-interpretation |
Whether a person can be held criminally liable under an accomplice liability statute for a separate offense under the Armed Career Criminal Act when t… |
| 24-5379 |
Stephen T. Mitchell v. New York, et al. |
Second Circuit |
2024-08-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-ruling habeas-corpus hearsay-exclusion |
Whether the exclusion of a habeas petitioner's proffered testimony on hearsay grounds violated the petitioner's federal constitutional rights to due p… |
| 24A192 |
Sherman Brown v. Kevin McCoy, Warden |
Fourth Circuit |
2024-08-22 |
Presumed Complete |
|
constitutional-rights criminal-procedure fourth-circuit innocence-project post-conviction writ-of-certiorari |
Whether a criminal defendant's constitutional rights were violated by the Fourth Circuit's denial of post-conviction relief in a case involving potent… |
| 24A193 |
Eloy Heraclio Alcala v. Texas |
Texas |
2024-08-22 |
Presumed Complete |
|
confrontation-clause criminal-procedure cross-examination exclusionary-rule motion-to-suppress sixth-amendment |
Whether the trial court violated the defendant's Sixth Amendment right to confrontation by impeding his ability to cross-examine witnesses and denying… |
| 24-5346 |
In Re Jeremy Dewayne Foster |
|
2024-08-20 |
Denied |
IFP |
constitutional-rights criminal-procedure dna-testing due-process exculpatory-evidence post-conviction-relief |
Whether a state's post-conviction DNA testing statute violates a criminal defendant's constitutional rights when it imposes procedural barriers to acc… |
| 24-5349 |
Ryan Monroe Allen v. Tennessee |
Tennessee |
2024-08-20 |
Denied |
IFP |
criminal-procedure faretta-hearing ineffective-assistance-of-counsel pro-se-representation sixth-amendment-rights trial-court-discretion |
Whether the Tennessee Criminal Court of Appeals violated federal law by denying a criminal defendant's right to proceed pro se and failing to promptly… |
| 24-5350 |
Jay Sandon Cooper v. Texas |
Texas |
2024-08-20 |
Denied |
Relisted (2)IFP |
bill-of-rights constitutional-rights criminal-procedure due-process fundamental-rights judicial-duty |
Whether the judicial duty to identify and protect constitutional rights from Obergefell v. Hodges applies to state criminal cases and whether a convic… |
| 24-5343 |
Victor Darnell Berry v. United States |
Fourth Circuit |
2024-08-19 |
Denied |
Response WaivedIFP |
constitutional-right-to-defense conviction-set-aside criminal-procedure felon-in-possession knowledge-element youth-rehabilitation-act |
Whether a conviction set aside precludes a felon in possession of a firearm charge and whether a defendant can testify about their understanding of a … |
| 24-5324 |
Marnell Johnson v. United States |
Third Circuit |
2024-08-16 |
Denied |
Response WaivedIFP |
5th-amendment circuit-split constructive-possession criminal-procedure due-process joint-possession |
Does the 3rd Circuit's interpretation of constructive possession doctrine, especially in joint constructive possession cases, violate the 5th Amendmen… |
| 24-5332 |
Armando Daniel Calderon v. United States |
Ninth Circuit |
2024-08-16 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment law-enforcement property-rights reasonable-suspicion vehicle-seizure |
Does an officer violate a driver's Fourth Amendment property rights by continuing to seize a vehicle after the driver is in custody without independen… |
| 24-5327 |
Daniel Lopez, III v. United States |
Ninth Circuit |
2024-08-15 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-rules revocation-hearing sentencing-procedure supervised-release |
Whether Rule 32.1 or Rule 32 governs the procedural timing of sentencing following supervised release revocation |
| 24-5334 |
Russell G. Conlon v. Oklahoma Department of Human Services, Child Support Services, et al. |
Oklahoma |
2024-08-15 |
Denied |
Response WaivedIFP |
child-support constitutional-challenges criminal-procedure due-process judicial-recusal state-taxation |
Whether a court can convict an American citizen without trial after pleading not guilty, whether a judge can rule on matters during a recusal action, … |
| 24-167 |
Tim Makoto Nukida v. California |
California |
2024-08-15 |
Denied |
|
criminal-procedure cruel-unusual-punishment csaas-testimony due-process eighth-amendment expert-witness |
Whether state courts are divided on the admissibility of Child Sexual Abuse Accommodation Syndrome (CSAAS) and if such testimony violates due process … |
| 24A174 |
Omnisun Azali v. Ohio |
Ohio |
2024-08-14 |
Presumed Complete |
|
burden-of-proof criminal-procedure fourteenth-amendment self-defense sixth-amendment sufficiency-of-evidence |
Whether the Sixth and Fourteenth Amendments require the State to prove beyond a reasonable doubt that a defendant was not acting in lawful self-defens… |
| 24-5306 |
William Newkirk v. Florida |
Florida |
2024-08-13 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process life-sentence robbery-firearm sentencing-guidelines |
Whether the natural life sentences imposed on robbery firearm counts were illegal due to lack of presentence investigation, sentencing hearing, and al… |
| 24-5309 |
Andrew R. Allred v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-08-13 |
Denied |
IFP |
criminal-procedure death-penalty ineffective-assistance-of-counsel mental-health-evaluation mitigation-testimony sixth-amendment |
Whether Mr. Allred's convictions and death sentences are unconstitutional due to receiving ineffective assistance of counsel at his trial in violation… |
| 24-5313 |
Tony Carr, aka Tony Carnell, aka Tony Coronel Carr, aka T-Bone v. United States |
Ninth Circuit |
2024-08-13 |
Denied |
Response WaivedIFP |
attorney-general-memorandum crack-cocaine criminal-procedure fifth-amendment plea-agreement sentencing-guidelines |
Whether a defendant sentenced under pre-Garland memorandum crack cocaine sentencing guidelines is entitled to a remand for resentencing |
| 24A171 |
Mark Watkins v. New York |
New York |
2024-08-13 |
Presumed Complete |
|
criminal-procedure cross-racial-identification due-process ineffective-assistance reasonable-probability strickland-standard |
Whether a single unreasonable error by defense counsel constitutes ineffective assistance of counsel under Strickland v. Washington when it raises a r… |
| 24-5312 |
Genaro Medina-Luna v. United States |
Ninth Circuit |
2024-08-13 |
Denied |
Response WaivedIFP |
appellate-argument criminal-procedure guilty-plea indictment-waiver jurisdictional-error plea-validity |
Is Petitioner's appellate argument that his waiver of Indictment was invalid a claim of jurisdictional error that is not waived by an unconditional gu… |
| 24-5319 |
Marlin Lee Gougher v. United States |
Ninth Circuit |
2024-08-13 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process faretta-colloquy self-representation sixth-amendment |
Whether a defendant's lucid Faretta colloquy response can preclude their right to self-representation and understanding of charges against them |
| 24-5302 |
Victor Hugo Rodriguez Hernandez v. Merrick B. Garland, Attorney General |
Ninth Circuit |
2024-08-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fingerprint-evidence habeas-corpus misidentification |
Whether the petitioner's constitutional rights were violated due to potential misidentification and lack of due process in a criminal case involving V… |
| 24-5292 |
Shawn Paul O'Brien v. Kansas |
Kansas |
2024-08-09 |
Denied |
IFP |
appellate-review criminal-procedure evidence-admissibility jury-instructions prosecutorial-misconduct sexual-offense |
Whether the Kansas Court of Appeals improperly upheld a conviction without requiring independent evidence of intent and improperly excluded exculpator… |
| 24-5294 |
Tommy J. May v. Kansas |
Kansas |
2024-08-09 |
Denied |
IFP |
criminal-procedure due-process first-degree-murder jury-instruction lesser-included-offense voluntary-manslaughter |
Whether a criminal defendant is entitled to a jury instruction on the lesser-included offense of attempted voluntary manslaughter when charged with fi… |
| 24-5260 |
Jess Richard Smith v. Washington |
Washington |
2024-08-09 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidentiary-rules habeas-corpus post-conviction-relief |
Whether Washington State's evidentiary rules regarding post-conviction relief violate due process when determining habeas corpus claims |
| 24-5272 |
Brian Michael Waterman v. Kansas |
Kansas |
2024-08-08 |
Denied |
Response WaivedIFP |
communication-restrictions constitutional-rights criminal-procedure due-process judicial-review supreme-court-jurisdiction |
Whether the Supreme Court should review a Kansas court's decision regarding defendant's constitutional rights and communication restrictions in a crim… |
| 24-5273 |
Nicholas Frank Wilcox v. Tim Garrett, et al. |
Ninth Circuit |
2024-08-08 |
Denied |
IFP |
constitutional-law criminal-procedure due-process legal-interpretation statutory-construction statutory-interpretation |
Whether the state's interpretation of a criminal statute violates constitutional due process and statutory interpretation principles |
| 24-5282 |
Darrell Gunn v. New York |
New York |
2024-08-08 |
Denied |
IFP |
appellate-review criminal-procedure guilty-plea ineffective-assistance plea-withdrawal sentencing |
Whether appellant counsel provided ineffective assistance by failing to pursue a potentially meritorious pre-sentencing guilty plea withdrawal |
| 24-5284 |
Roy E. Terrell v. Florida |
Florida |
2024-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jury-composition sixth-amendment statutory-amendment trial-rights |
Whether the trial court erred in instructing the jury on elements of crimes defined by a post-offense statute amendment and whether the defendant was … |
| 24A156 |
Humberto Falcon San-Martin v. United States |
Eleventh Circuit |
2024-08-08 |
Presumed Complete |
|
criminal-procedure eleventh-circuit government-inducement judicial-review sentencing-entrapment standard-of-review |
Whether the Eleventh Circuit correctly applied the legal standard for sentencing entrapment when denying the defendant's claim of improper government … |
| 24-5275 |
Terrell Jason Armstrong v. United States |
Eighth Circuit |
2024-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rule motion-for-new-trial newly-discovered-evidence prosecutorial-misconduct witness-recantation |
Whether the District Court and Court of Appeals correctly denied a Motion for a New Trial based on a key witness's recantation of testimony |
| 24-5285 |
Ernesto Alba Vasquez v. United States |
Fifth Circuit |
2024-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure factual-basis guilty-plea judicial-discretion plea-acceptance presentence-report |
Whether a factual basis lacking elements of the charged offense can be cured by a presentence report filed after a guilty plea acceptance |
| 24-5255 |
Benjamin Burciaga-Herrera v. United States |
Fifth Circuit |
2024-08-07 |
Denied |
Response WaivedIFP |
appellate-procedure certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent sentencing stare-decisis statutory-interpretation supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 24-5237 |
Warren Alexander v. United States |
Second Circuit |
2024-08-06 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process presentence-report sentencing supervised-release |
criminal-sentencing |
| 24-5241 |
Jason Gatlin v. United States |
Eleventh Circuit |
2024-08-06 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process eleventh-circuit fifth-amendment judicial-interference jury-verdict |
Whether a jury has rendered a final verdict and jeopardy terminates under the Double Jeopardy Clause of the Fifth Amendment where the jury has indicat… |
| 24-5247 |
Eric Cruz v. Officer Domingo Cervantez |
Fifth Circuit |
2024-08-06 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment brady-rule brady-rule-of-evidence constitutional-rights criminal-procedure due-process eighth-amendment evidence evidence-exclusion qualified-immunity safe-prison-act |
Did the U.S. District courts' failure to allow relevant evidence into trial proceedings violate the Brady Rule of Evidence under Brady v. Maryland, 37… |
| 24-5248 |
Jason Wade Grant v. United States |
Fifth Circuit |
2024-08-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process individualized-sentencing mitigating-factors sentencing-discretion |
Whether a sentencing court's failure to consider mitigating factors and individual circumstances violates a defendant's constitutional rights to indiv… |
| 24-124 |
Brent Brewbaker v. United States |
Fourth Circuit |
2024-08-05 |
Denied |
|
5th-amendment-6th-amendment'\n\n'Did the court of antitrust-law appellate-review article-1 constitutional-challenge constitutional-error criminal-law criminal-procedure criminal-statute due-process fifth-amendment harmless-error jury-instructions presumption sherman-act sixth-amendment void-for-vagueness |
Is the criminal provision of Section 1 of the Sherman Act Constitutional? |
| 24-5220 |
Christopher L. Smith v. Ohio |
Ohio |
2024-08-05 |
Denied |
IFP |
civil-procedure-joinder confidential-informant constitutional-rights criminal-procedure due-process fair-trial prejudicial-joinder probable-cause rules-of-evidence search-warrant sufficiency-of-evidence |
Whether prejudicial joinder of unrelated counts violates the right to a fair trial, |
| 24-5224 |
Michael Paul Gianfrancesco v. United States |
Eleventh Circuit |
2024-08-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review court-proceedings criminal-law criminal-procedure due-process federal-sentencing jurisdiction sentencing-guidelines substantive-reasonableness |
Sentencing-reasonableness |
| 24-5225 |
Nidal M. Hasan v. United States |
Armed Forces |
2024-08-05 |
Denied |
IFP |
appellate-review automatic-reversal criminal-procedure due-process harmless-error public-trial structural-error waller-v-georgia weaver-v-massachusetts |
Whether a court of appeals may afford no remedy for a public trial violation where the defendant objected to the closure at trial and raised the issue… |
| 24-5227 |
James W. Johnson v. United States |
Third Circuit |
2024-08-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process impartial-jury impartiality jury-selection peremptory-challenge racial-bias sixth-amendment |
Whether a criminal defendant is denied his Due Process and Sixth Amendment right to an impartial jury when the trial court determines that a potential… |
| 24A130 |
Keith Vernon Davis v. David Close, Superintendent, State Correctional Institution at Houtzdale |
Third Circuit |
2024-08-05 |
Presumed Complete |
|
constitutional-validity criminal-procedure ineffective-assistance plea-of-guilt pro-se suppression-of-evidence |
Whether a pro se prisoner's plea of guilty was constitutionally valid given claims of unknowing plea, ineffective assistance of counsel, and suppressi… |
| 24-119 |
Alan Safahi v. United States |
Ninth Circuit |
2024-08-02 |
Denied |
|
civil-procedure contract-breach contract-law criminal-fraud criminal-law criminal-procedure federal-criminal-fraud federal-fraud fraudulent-inducement statutory-interpretation |
Whether a party who subsequently breaches a contract can be guilty of federal criminal fraud in the absence of fraudulent inducement |
| 24-121 |
John Won v. United States |
Second Circuit |
2024-08-02 |
Denied |
Amici (1) |
confrontation-clause constitutional-procedure criminal-procedure criminal-trial due-process evidence exceptional-circumstances interest-of-justice sixth-amendment two-way-video video-testimony |
Whether the Confrontation Clause contains an exception that permits the government to present testimony at a criminal trial by two-way video so long a… |
| 24-5216 |
Ricky Mendoza v. William Sullivan, Warden |
Ninth Circuit |
2024-08-02 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination due-process habeas-corpus habeas-relief harmless-error sixth-amendment witness-testimony |
Whether the Ninth Circuit erred in denying habeas relief on petitioner's claim that the state trial court deprived him of his Sixth Amendment right to… |
| 24A122 |
Azibo Aquart v. United States |
Second Circuit |
2024-08-02 |
Presumed Complete |
|
charging-statute circuit-split criminal-procedure indictment-sufficiency jurisdictional-error mandate-rule |
Whether the failure to allege conduct within a charging statute's scope constitutes a jurisdictional defect that renders a criminal indictment invalid |
| 24-5204 |
Gavin Blake Davis v. United States |
Fifth Circuit |
2024-08-01 |
Denied |
Response WaivedIFP |
appellate-review circuit-split collateral-order-doctrine criminal-procedure interlocutory-appeal mootness pretrial-release speedy-trial-act |
Appealability-of-18-U.S.C.-§-3164-Motion-for-Pretrial-Release |
| 24-5206 |
Ronny Lee Thomas v. Tony R. Moore, et al. |
Fifth Circuit |
2024-08-01 |
Denied |
IFP |
compromise contract criminal-procedure negotiate plea-bargaining plea-deal |
Question not identified. |
| 24-5207 |
E. C. v. Q. T. |
Texas |
2024-08-01 |
Denied |
Relisted (2)IFP |
appellate-jurisdiction civil-liberties constitutional-rights criminal-procedure due-process evidence fair-trial judicial-review legal-procedure witnesses |
Whether the petitioner was denied due process when the trial court failed to allow him to present witnesses and evidence in his defense, thereby depri… |
| 24-5210 |
Jason William Dittmer v. United States |
Tenth Circuit |
2024-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining sentencing |
Question not identified |
| 24-5211 |
Jerod Askew v. United States |
Fourth Circuit |
2024-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking due-process firearm-possession firearms jury-instruction jury-instructions statutory-interpretation |
Whether a jury instruction under 18 U.S.C. § 924(c) requires reference to 'mere presence' and allows for the jury to draw inferences from improper leg… |
| 24-5214 |
Hsiu Ying Tseng v. Mona D. Houston, Warden |
Ninth Circuit |
2024-08-01 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process judicial-interpretation legal-review ninth-circuit prosecutorial-misconduct writ-of-certiorari |
due-process |
| 24-5183 |
Harshadkumar Nanjibhai Jadav v. J. Woodson, Warden |
Fourth Circuit |
2024-07-31 |
Denied |
IFP |
and whether the state prisoner made a proper show actual-innocence aedpa aedpa-standard criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions schlup |
What constitutes as 'new' evidence |
| 24A115 |
Justin Erskine v. Delaware |
Delaware |
2024-07-31 |
Presumed Complete |
|
criminal-procedure habeas-corpus judicial-discretion mandamus post-conviction right-to-counsel |
Whether a criminal defendant has a constitutional right to appointed counsel for a third post-conviction motion when no new evidence of actual innocen… |
| 24-105 |
Boris Kotlyarsky v. Department of Justice, et al. |
Second Circuit |
2024-07-31 |
Denied |
Response WaivedRelisted (2) |
constitutional-rights conviction criminal-plea criminal-procedure due-process evidence habeas-corpus innocence judicial-review procedural-safeguards |
In the context of habeas corpus, would it constitute a breach of due process to convict a defendant in a criminal proceeding, despite clear evidence d… |
| 24-5188 |
Patrick Wilson v. Louisiana |
Louisiana |
2024-07-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trials non-unanimous-jury second-degree-murder sixth-amendment state-courts |
Whether non-unanimous jury verdicts in state criminal trials violate the Sixth and Fourteenth Amendments of the U.S. Constitution |
| 24-5191 |
Quentin Veneno, Jr. v. United States |
Tenth Circuit |
2024-07-31 |
Denied |
Response RequestedResponse WaivedRelisted (22)IFP |
constitutional-authority courtroom-closure criminal-procedure federal-rules-of-criminal-procedure intratribal-conduct presley-v-georgia public-trial rule-51(b) rule-51b tribal-sovereignty |
Does the constitutional mandate to consider alternatives to courtroom closure apply to audio/video streaming? |
| 24-5194 |
George Henry Purdy, III v. United States |
Fifth Circuit |
2024-07-31 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
2nd-amendment burden-of-proof constitutional-challenge criminal-procedure due-process presentence-report second-amendment sentencing standing statutory-interpretation |
Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment? |
| 24-5200 |
Victor Tavares v. Rhode Island |
Rhode Island |
2024-07-31 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure double-jeopardy due-process indictment jurisdiction legal-jurisdiction petition sixth-amendment supreme-court writ-of-certiorari |
Does the case violate the Sixth Amendment Clause of the U.S. Constitution? |
| 24-5170 |
Eric Lee Smith v. United States |
Fourth Circuit |
2024-07-30 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-conviction criminal-procedure due-process false-testimony government-misconduct napue-violation prosecutorial-misconduct |
Where the Assistant United States Attorney's representing the Government violates a standard announced in Napue v. Illinois by gaining a criminal conv… |
| 24-5178 |
Keith Earl Robinson v. Jim Farris, Warden |
Tenth Circuit |
2024-07-30 |
Denied |
IFP |
criminal-procedure defense-strategy due-process ineffective-assistance jury-instructions sixth-amendment sixth-amendment,criminal-procedure,ineffective-ass |
Did Mr. Robinson's trial counsel's performance in preparing defense witnesses meet the standards of effective assistance of counsel, as required by th… |
| 24-5179 |
Forrest Hammond v. Tim Hooper, Warden |
Fifth Circuit |
2024-07-30 |
Denied |
Relisted (2)IFP |
civil-liberties commutation criminal-procedure federal-jurisdiction federal-procedure habeas-corpus judicial-review pardon state-court |
Whether the commutation of Petitioner's sentence to time-served ending his state custody before his pending federal habeas corpus application was adju… |
| 24-5180 |
Lemuel S. Whiteside v. Arkansas |
Arkansas |
2024-07-30 |
Denied |
Response WaivedIFP |
aedpa criminal-procedure cumulative-error habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing-review strategic-decision-making strickland-standard strickland-v-washington |
Whether the Arkansas courts applied an incorrect standard for resolving petitioner Whiteside's claims of ineffective assistance of counsel in sentenci… |
| 24-5160 |
Duane Leo Ehmer, Darryl William Thorn, and Jake Ryan v. United States |
Ninth Circuit |
2024-07-29 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure criminal-prosecution ex-parte jury-selection jury-trial petty-offenses presley-v-georgia sixth-amendment structural-error sua-sponte |
Whether the district court's sua sponte, ex parte, and case-specific excusal of trial jurors for cause constituted reversible structural error? |
| 24-5162 |
Johnny Ho v. United States |
Sixth Circuit |
2024-07-29 |
Denied |
Response WaivedIFP |
criminal-procedure fair-trial impartial-jury judicial-discretion jury-selection peremptory-challenges sixth-amendment voir-dire |
Defendant's right to a fair trial by impartial jury |
| 24-5164 |
Joel Miles v. United States |
Fifth Circuit |
2024-07-29 |
Denied |
Response WaivedIFP |
appeals appellate-waiver circuit-split criminal-procedure due-process federal-appeal judicial-review miscarriage-of-justice sentencing waiver |
Whether appellate waivers in federal criminal cases contain an implied exception for judgments that represent a miscarriage of justice? |
| 24-5166 |
Nicholas Joseph v. United States |
Second Circuit |
2024-07-29 |
Denied |
IFP |
abuse-of-discretion circuit-split criminal-procedure federal-rules-of-criminal-procedure impartial-jury newly-discovered-evidence sixth-amendment unconscious-bias voir-dire |
Whether a trial judge must voir dire on implicit or unconscious bias |
| 24-5151 |
Tyrone Scott Cameron v. United States |
Eighth Circuit |
2024-07-26 |
Denied |
Response WaivedIFP |
2nd-amendment bruen-decision constitutional-rights conviction criminal-procedure felon-in-possession firearms-regulation new-york-state-rifle-pistol-association-v-bruen second-amendment united-states-v-jackson united-states-v-rahimi |
Petitioner's conviction violates his Second Amendment rights to bear arms and possess ammunition as expanded by the Court in New York State Rifle & Pi… |
| 24-5143 |
Nicholas Nassif Hayek v. United States |
Sixth Circuit |
2024-07-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-statement district-court due-process evidence motion-to-suppress procedural-error sixth-circuit standard-of-review |
fourth-amendment |
| 24-5144 |
Richard Villareal v. United States |
Fifth Circuit |
2024-07-25 |
Denied |
Response WaivedIFP |
2d1.1(b)(1) criminal-procedure drug-offense due-process fifth-circuit firearm-enhancement sentencing-guidelines tools-of-the-trade-presumption |
Whether the Fifth Circuit's practice of applying a tools-of-the-trade presumption to the firearm enhancement of sentencing guidelines §2D1.1(b)(1) vio… |
| 24-5145 |
Antonio Tyree Gaskin v. Kentucky |
Kentucky |
2024-07-25 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process eyewitness-identification law-enforcement legal-representation lineup procedural-safeguards right-to-counsel suspect-rights |
Whether the 6th Amendment of the US Constitution has guaranteed protections that safeguard against law enforcement showing a single photograph of a su… |
| 24-5123 |
Angel Sanchez v. Teresa Cisneros, Warden |
Ninth Circuit |
2024-07-23 |
Denied |
Response WaivedRelisted (2)IFP |
calcrim-375 constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment prior-acts sixth-amendment |
Whether petitioner was denied his Sixth and Fourteenth Amendment right to due process and fair trial |
| 24-5128 |
Selvyn Gustavo Mejia-Marroquin v. United States |
Fifth Circuit |
2024-07-23 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process judicial-interpretation legal-precedent recidivism sentencing statutory-analysis supreme-court-precedent |
Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) should be overruled |
| 24A80 |
Steven Cuellar v. Randy Grounds, Warden |
Ninth Circuit |
2024-07-23 |
Presumed Complete |
|
criminal-procedure due-process gang-enhancement juvenile-justice sentencing-enhancement sufficiency-of-evidence |
Whether a state criminal trial court's finding of a juvenile defendant's gang membership, unsupported by sufficient evidence, violates the defendant's… |
| 24-5115 |
Jima Brown v. New York |
New York |
2024-07-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fourth-amendment investigative-suspicion law-enforcement privacy probable-cause search-and-seizure warrantless-search |
Question not identified |
| 24-5118 |
Jared Holton Seavey v. Texas |
Texas |
2024-07-19 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation-clause criminal-procedure due-process expert-testimony medical-examiner precedent remand sixth-amendment |
Where the State used a surrogate medical examiner to opine as to the cause of death in a murder trial, should the Court GVR this matter in light of th… |
| 24-5119 |
Stacey Williams, Jr. v. United States |
Sixth Circuit |
2024-07-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process mandatory-life-sentence mandatory-sentencing sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
due-process |
| 24-5102 |
Alexi Hinojosa Matos v. Texas |
Texas |
2024-07-18 |
Denied |
IFP |
appointment-of-counsel criminal-procedure due-process habeas-corpus miscarriage-of-justice prosecutorial-misconduct sixth-amendment trial-counsel writ-application |
Ineffective-assistance-of-counsel |
| 24-5110 |
Cristobal Castillo-Velasquez v. United States |
Fifth Circuit |
2024-07-18 |
Denied |
Response WaivedIFP |
almendarez-torres case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 24-5113 |
Steven Alexander Mantecon v. Florida |
Florida |
2024-07-18 |
Denied |
IFP |
constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury jury-trial sixth-amendment trial-procedure |
Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense |
| 24-5095 |
Moises Gamboa v. United States |
Fourth Circuit |
2024-07-17 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment sentencing-guidelines statutory-construction statutory-interpretation united-states-constitution |
Did the lower courts improperly interpret United States Sentencing Guideline § 4C1.1 that violated the Cruel and Unusual Punishment Clause of the Eigh… |
| 24A60 |
Keith Edmund Gavin v. Alabama |
Alabama |
2024-07-17 |
Presumed Complete |
|
criminal-procedure death-row filing-fee in-forma-pauperis indigent-status judicial-discretion |
Whether a death row inmate's in forma pauperis application can be denied based on having received monthly inmate deposits that exceed the filing fee t… |
| 24-37 |
Lorenzo Garod Pierre v. United States |
Eleventh Circuit |
2024-07-16 |
GVR |
|
2nd-amendment as-applied-challenge constitutional-rights criminal-defendant criminal-procedure due-process federal-firearms-laws federal-law second-amendment standing statutory-interpretation |
Whether a criminal defendant may raise an as-applied Second Amendment challenge to 18 U.S.C. 922(g)(1) |
| 24-5075 |
DeTron L. Perry v. Jacob L. Streittmatter |
Nebraska |
2024-07-16 |
Denied |
IFP |
affirmative-defense civil-procedure contradictory-testimony due-process evidence fair-trial |
Question not identified |
| 24-5088 |
In Re Gavin B. Davis |
|
2024-07-16 |
Denied |
Response WaivedIFP |
appellate-jurisdiction circuit-court-split circuit-split collateral-order-doctrine criminal-procedure interlocutory-appeal mootness pretrial-release speedy-trial-act statutory-interpretation |
Appealability-of-18-U.S.C.-§-3164-motion-for-pretrial-release |
| 24-5093 |
David Nam v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-07-16 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law criminal-procedure due-process equal-protection habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel procedural-default |
Due-process |
| 24-32 |
Donavan J. White Owl, aka DJ v. United States |
Eighth Circuit |
2024-07-12 |
Denied |
Response Waived |
constitutional-law criminal-procedure double-jeopardy eighth-circuit implied-consent manifest-necessity mistrial waiver |
Whether implied consent is valid consent to waive double jeopardy protections, and if so, what qualifies as implied consent? |
| 24-5061 |
Joshua Isaac Martinez v. Florida |
Florida |
2024-07-12 |
Denied |
IFP |
civil-procedure constitutional-law evidence public-policy religion statutory-interpretation |
Question not identified |
| 24-5063 |
Bruce Rowan v. Brian Emig, Warden, et al. |
Third Circuit |
2024-07-12 |
Denied |
Response WaivedIFP |
bail-conditions constitutional-rights criminal-procedure due-process fourteenth-amendment lower-court trial-court |
Does a conviction for breach of bail conditions-set by lower court-violate the Fourteenth Amendment right to due process, where trial court set bail c… |
| 24-5065 |
Damon John Broussard v. Lousiana |
Louisiana |
2024-07-12 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing |
Does Petitioner's sentence constitute cruel and unusual punishment under the Eighth Amendment? |
| 24-5068 |
Frankie Wayne Pope v. Kevin Sprayberry, Warden |
Eleventh Circuit |
2024-07-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fraud habeas-corpus judicial-process post-conviction-relief state-court transcripts trial-fraud |
Question not identified. |
| 24-5070 |
Javaris Marquez Tubbs v. United States |
Fifth Circuit |
2024-07-12 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment birth-certificate citizenship-status civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction legal-classification national-identity sentencing state-jurisdiction |
Was the sentence imposed in violation of the constitution or laws of the United States? |
| 24-5071 |
Dennis German v. United States |
Seventh Circuit |
2024-07-12 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 8th-amendment criminal-procedure due-process effective-assistance eighth-amendment fifth-amendment relevant-conduct sentencing sentencing-guidelines |
Whether the government violated the petitioner's 8th Amendment and 5th Amendment constitutional rights by using separate incidents as relevant conduct… |
| 24A38 |
Cid C. Franklin v. New York |
New York |
2024-07-12 |
Presumed Complete |
|
bail-hearing confrontation-clause criminal-procedure evidence-admission sixth-amendment testimonial-statement |
Whether a pretrial report prepared by a criminal justice agency employee is a 'testimonial' statement subject to the Sixth Amendment's Confrontation C… |
| 24-35 |
Sean Eamonn Waite v. Texas |
Texas |
2024-07-12 |
Denied |
Response Waived |
criminal-procedure due-process habeas-corpus ineffective-assistance mental-health plea-bargain plea-bargaining procedural-due-process |
Ineffective-assistance-of-counsel |
| 24-5066 |
Lynual McElroy v. Oklahoma |
Oklahoma |
2024-07-12 |
Denied |
IFP |
14th-amendment 6th-amendment appellate-counsel constitutional-amendment constitutional-claims criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel public-defender speedy-trial |
speedy-trial |
| 24-5052 |
In Re Kenton G. Findlay |
|
2024-07-11 |
Dismissed |
Relisted (2)IFP |
14th-amendment 5th-amendment constitutional-violation court-of-appeal criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment habeas-corpus legal-relief |
Due process-violation |
| 24-5037 |
William J. Kemp v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-07-10 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment criminal-procedure due-process griffin-v-california habeas-corpus ineffective-assistance jury-instructions miranda-rights prosecutorial-misconduct sixth-amendment |
Whether the prosecutor's actions and trial court's instructions violated due process and warrant independent habeas review under Griffin v. California… |
| 24-5047 |
Pedro Terrazas v. Illinois |
Illinois |
2024-07-10 |
Denied |
Response WaivedIFP |
appellate-counsel constitutional-error criminal-procedure due-process ineffective-assistance-of-counsel jury-prejudice jury-selection plain-error rule-431b trial-court-error |
was-defendant-prejudiced-and-denied-his-constitutional-right-to-the-effective-assistance-of-appellate-counsel |
| 24-5048 |
Bernard Celestine v. United States |
Fourth Circuit |
2024-07-10 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure criminal-sentencing due-process first-step-act resentencing sentencing statutory-interpretation |
Whether Congress incorporated a Constitutional right under the Due Process Clause to a plenary resentencing for an eligible Defendant under Section 40… |
| 24-5021 |
Joyce Isagba v. United States |
Eleventh Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
admissibility criminal-procedure due-process evidence-admissibility federal-rules-of-evidence-404b fifth-amendment prior-bad-acts relevance rule-404b sentencing-conditions supervised-release |
Is a single uncharged act 5-7 years prior admissible under Rule 404(b)? |
| 24-5022 |
Angela J. Wells v. Illinois |
Illinois |
2024-07-09 |
Denied |
IFP |
criminal-procedure domestic-violence due-process plea-agreement plea-bargain post-conviction-relief sentencing sentencing-relief statutory-interpretation victim-rights |
Should a domestic violence victim be eligible for relief under 735 ILCS 5/2-1401 even if she agrees to a plea bargain? |
| 24-5027 |
Jovan Marquis Harris v. United States |
Eighth Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
burrage-v-united-states causation-of-harm criminal-law criminal-procedure drug-distribution evidentiary-hearing federal-statute heroin-distribution jury-instruction jury-instructions overdose sentencing-enhancement |
Did the trial court err when it refused to instruct the jury that the heroin distributed by the defendant was the same heroin that caused the victims'… |
| 24-5028 |
Rafael Cardona, Sr. v. United States |
First Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure forfeiture good-cause motion-timeliness multiplicity plain-error-review rule-12 waiver |
Whether Fed. R. Crim. P. 12, as amended in 2014, mandates a forfeiture or waiver of a multiplicity claim not timely raised in the district court, and … |
| 24-5030 |
Lani Lucas Limane, aka Lukasz Chad Limane v. United States |
Fifth Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
aggravated-identity-theft criminal-procedure criminal-procedure-error identity-theft indictment indictment-variance plain-error plea-bargaining plea-colloquy predicate-offense rule-11 |
Was it plain error for a district court to convict petitioner on his plea of guilty to a crime never charged in the governing indictment? |
| 24-5031 |
Keith White v. United States |
Seventh Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
21-u.s.c.-§-846 career-offender controlled-substance controlled-substance-offenses criminal-procedure drug-offense federal-criminal-law sentencing sentencing-guidelines statutory-interpretation u.s.s.g.-§-4b1.2 |
Whether an offense under 21 U.S.C. § 846 may be included in the U.S.S.G. § 4B1.2 definition of 'controlled substance offenses' for purposes of sentenc… |
| 24-5033 |
Jose Domingo Carranza-Rubio v. United States |
Fifth Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
almendarez-torres case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 24A16 |
Jay Sandon Cooper v. Texas |
Texas |
2024-07-09 |
Presumed Complete |
|
constitutional-rights criminal-procedure due-process fundamental-error judicial-duty supreme-court-review |
Whether the judicial duty to identify and protect fundamental constitutional rights in criminal cases applies equally to state criminal proceedings as… |
| 24-5015 |
Eduardo Alvarez, Jr. v. United States |
Ninth Circuit |
2024-07-08 |
Denied |
Response WaivedIFP |
arrest-warrant attenuation-doctrine criminal-procedure exclusionary-rule fourth-amendment illegal-stop search-and-seizure standing utah-v-strieff |
Whether an officer's discovery of someone else's outstanding arrest warrant necessarily attenuates the illegality of a defendant's own detention under… |
| 24-5001 |
Tito Lemont Knox v. Jeffrey Krueger, Warden |
Fourth Circuit |
2024-07-03 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-claim criminal-procedure due-process evidence federal-law habeas-corpus ineffective-assistance privacy probable-cause search-and-seizure state-court-review |
Question not identified |
| 24-5004 |
Joshua Mounts v. Ohio |
Ohio |
2024-07-03 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure due-process expert-testimony expert-witnesses nazi-comparison personal-attacks prosecutorial-misconduct |
Whether violations of the United States Constitution occur where defense experts are not allowed to respond to criticism of their expert reports and w… |
| 24-5006 |
Jason Steven Kokinda v. United States |
Fourth Circuit |
2024-07-03 |
GVR |
IFP |
18-u.s.c-2250 34-u.s.c-20913 change-of-residence chevron-deference criminal-procedure jury-instructions rule-of-lenity sex-offender-registration smart-guidelines statutory-interpretation |
Whether the district court erroneously instructed the jury regarding a crucial element of the criminal offense of failure to register as a sex offende… |
| 24-5010 |
Bryon Keith Creech v. Oklahoma |
Oklahoma |
2024-07-03 |
Denied |
IFP |
competency due-process guilty-plea ineffective-assistance post-conviction withdrawal constitutional-rights criminal-procedure due-process ineffective-assistance post-conviction-relief sentencing-mitigation |
Question not identified |
| 24-5011 |
Brandon Collins v. Illinois |
Illinois |
2024-07-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion court-discretion due-process evidence eyewitness judicial-review legal-interpretation motion-analysis reasonable-doubt speedy-trial testimony-credibility |
Question not identified. |
| 24-5012 |
Miguel Angel Ibarra-Mora v. United States |
Fifth Circuit |
2024-07-03 |
Denied |
Response WaivedIFP |
almendarez-torres constitutional-law criminal-law criminal-procedure due-process fifth-circuit precedent-overturning sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7843 |
Luis Alfredo Nanez-Lopez v. United States |
Fifth Circuit |
2024-07-02 |
Denied |
Response WaivedIFP |
certiorari-petition constitutional-interpretation constitutional-law criminal-procedure due-process judicial-review legal-precedent precedent precedent-overruling sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7844 |
Marcus Orlando Armstrong v. United States |
Ninth Circuit |
2024-07-02 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court district-court-jurisdiction forfeiture forfeiture-doctrine judicial-discretion objection sentencing sentencing-procedure standard-of-review |
Does a defendant forfeit a challenge to the manner in which the district court imposed sentence by failing to object after the sentence is pronounced,… |
| 23-7847 |
Matthew Gatrel v. United States |
Ninth Circuit |
2024-07-02 |
Denied |
Response WaivedIFP |
computer-crime criminal-procedure improper-venue insufficient-evidence jury-instruction jury-instruction-error protected-computers sentencing-guidelines sentencing-guidelines-error sophisticated-means-enhancement venue-challenge |
Whether petitioner Matthew Gatrel's convictions should be reversed due to insufficient evidence |
| 23-7848 |
In Re Lyle R. Harrison |
|
2024-07-02 |
Dismissed |
IFP |
civil-rights confrontation-clause constitutional-rights criminal-procedure due-process inheritance-rights judicial-misconduct police-reports probate-law speedy-trial |
Whether due process allows the Denial of all Unredacted Police Reports |
| 23-1360 |
Vernon Fiehler v. Catherine Mecklenburg, et al. |
Alaska |
2024-07-01 |
Denied |
CVSGAmici (2)Response RequestedResponse WaivedRelisted (3) |
civil-procedure constitutional-provision evidence evidence-interpretation federal-survey geographic-determination judicial-discretion jurisdiction property-law water-boundary |
Whether a court has the power to disregard evidence of the location of a water boundary from a federal survey based on subsequent evidence of the body… |
| 23-7838 |
Davit Davitashvili v. United States |
Third Circuit |
2024-07-01 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-violations criminal-procedure due-process fifth-amendment mental-health-disclosure miscarriage-of-justice prosecutorial-misconduct sixth-amendment |
Were there violations of the 5th and 6th Amendments? |
| 23-1355 |
Kris V. Zocco v. Wisconsin |
Wisconsin |
2024-06-28 |
Denied |
Response Waived |
cell-phone-search criminal-procedure enumerated-crimes evidence evidence-seizure fourth-amendment particularity-requirement search-and-seizure search-warrant |
Does a warrant to search the entire contents of a cell phone for unspecified 'evidence' of enumerated crimes violate the Fourth Amendment's requiremen… |
| 23-7805 |
In Re Enrique Medina |
|
2024-06-28 |
Denied |
IFP |
access-to-court constitutional-law constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction search-and-seizure sixth-amendment warrantless-search |
Whether the petitioner's right to speedy trial was violated |
| 23-7823 |
Jyoti Agrawal v. United States |
Sixth Circuit |
2024-06-28 |
Denied |
Response WaivedIFP |
actual-loss base-offense-level criminal-procedure criminal-sentencing fraud fraud-loss-calculation government-grant intended-loss loss-calculation sentencing-guidelines |
Whether the entire amount of a government grant should be used to calculate the amount of loss under U.S.S.G. § 2B1.1, even where there was a benefit … |
| 23-7831 |
In Re Olamide Olatayo Bello |
|
2024-06-28 |
Denied |
IFP |
14th-amendment 4th-amendment 5th-amendment civil-rights criminal-procedure due-process fourth-amendment search-and-seizure search-warrant |
Whether a search warrant and seizure violate the petitioner's Fourth, Fifth, and Fourteenth Amendment rights |
| 23-7814 |
James Harmon, III v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-06-27 |
Denied |
IFP |
8th-amendment appellate-review civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction juvenile-justice parole sentencing |
Whether sentences of life without parole, as applied to juvenile offenders, violate the Eighth Amendment's prohibition on cruel and unusual punishment… |
| 23-7821 |
Noe Rodriguez-Adorno v. United States |
First Circuit |
2024-06-27 |
Denied |
Response WaivedIFP |
communications constitutional-rights criminal-procedure defense-counsel district-court impasse right-to-counsel sixth-amendment supervised-release |
Should certiorari be granted where defense counsel informed the District Court he and Petitioner were at an impasse, and all communications between th… |
| 23A1162 |
Donte Parrish v. United States |
Fourth Circuit |
2024-06-26 |
Presumed Complete |
|
appellate-review constitutional-claim criminal-procedure fourth-circuit ineffective-assistance prosecutorial-misconduct |
Whether the Fourth Circuit correctly applied the standard for reviewing a criminal defendant's ineffective assistance of counsel claim challenging a c… |
| 23-7802 |
Festus O. Ohan v. Axos Bank, et al. |
Ninth Circuit |
2024-06-26 |
Dismissed |
IFP |
civil-procedure constitutional-rights criminal-procedure due-process federal-banking habeas-corpus ineffective-assistance investment property-rights sentencing standing |
Question not identified |
| 23-7810 |
Odell Calvin, aka Julius Jones v. Illinois |
Illinois |
2024-06-26 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-fabrication habeas-corpus standing state-conviction takings witness-testimony |
Question not identified. |
| 23A1148 |
Mark Manuel Angeles Marino v. United States |
Eleventh Circuit |
2024-06-25 |
Presumed Complete |
|
appellate-review criminal-procedure jurisdictional-requirements petition-for-certiorari supreme-court-rules time-extension |
Whether a criminal defendant's right to file a petition for certiorari can be extended under Supreme Court Rule 13.5 when seeking review of a lower co… |
| 23A1149 |
James W. Johnson v. United States |
Third Circuit |
2024-06-25 |
Presumed Complete |
|
constitutional-rights criminal-procedure juror-impartiality jury-selection racial-bias voir-dire |
Whether a prospective juror's acknowledgment of implicit racial bias and commitment to consciously guard against its influence constitutes grounds for… |
| 23-7795 |
Marc Pierre Hall, aka Marc Valeriano, aka Fella v. United States |
Fourth Circuit |
2024-06-25 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure sentencing statutory-interpretation |
Whether the sentencing court had discretion to correct or perpetuate constitutional errors in the defendant's sentence |
| 23-7804 |
Juan Jesus Vargas v. United States |
Fifth Circuit |
2024-06-25 |
Denied |
Response WaivedIFP |
18-usc-3553 circuit-split criminal-procedure criminal-sentencing district-court-procedure judicial-discretion open-court-statement reasonableness-review sentencing sentencing-requirements statutory-interpretation |
Must district courts comply with the requirements of 18 U.S.C. § 3553(c) to state, in open court, the reasons for the sentence imposed? |
| 23A1145 |
Percy L. Jacobs v. United States |
Fourth Circuit |
2024-06-24 |
Presumed Complete |
|
competency-to-proceed criminal-procedure faretta-hearing right-to-counsel sixth-amendment waiver-of-counsel |
Whether a defendant's waiver of the Sixth Amendment right to counsel is invalid if the trial court fails to inquire about the defendant's understandin… |
| 23-7787 |
Enrique Martinez-Flores v. United States |
Fifth Circuit |
2024-06-24 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-enhancement criminal-procedure historical-analysis notice-clause prior-conviction-exception recidivism sixth-amendment sixth-amendment-notice-clause |
Can the prior-conviction exception from Almendarez-Torres be squared with the text of the Sixth Amendment's Notice Clause and the historical practices… |
| 23-7788 |
Francisco Valtierra-Zuniga v. United States |
Fifth Circuit |
2024-06-24 |
Denied |
Response WaivedIFP |
certiorari-petition constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-procedure jury-trial precedent precedent-overruling sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7771 |
Stephen Lundquist v. Idaho |
Idaho |
2024-06-21 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland brady-violation criminal-intent due-process duress evidence evidence-standard judicial-procedure post-conviction-relief reasonable-probability state-court |
Is the Idaho state court in violation of the Brady-v-maryland rule by changing the evidence, contrary to uncontroverted evidence, in dismissing the th… |
| 23-7772 |
Christopher L. Parker v. Darren Galloway, Warden |
Seventh Circuit |
2024-06-21 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-challenge criminal-procedure due-process equal-protection federal-prisoner habeas-corpus ineffective-assistance-of-counsel judicial-interpretation prior-conviction sentencing-enhancement state-court-remedies |
Whether the petitioner was denied due process by not being allowed to submit supplemental evidentiary arguments or be allowed to submit an amended mem… |
| 23-7774 |
Pablo Santana Arellano v. United States |
Fifth Circuit |
2024-06-21 |
Denied |
IFP |
co-conspirator-testimony co-conspirators confrontation-clause confrontation-rights criminal-procedure sentencing-agreements sixth-amendment witness-bias |
Whether defendants may be prohibited from asking cooperating witnesses and former co-conspirators about their sentences and sentencing agreements to e… |
| 23-7775 |
Edward Treisback v. United States |
Eleventh Circuit |
2024-06-21 |
Denied |
Response WaivedIFP |
5th-amendment burden-of-proof criminal-procedure due-process fifth-amendment morrissey-v-brewer revocation-hearing supervised-release |
Did the District Court shift the burden of proof from the United States to the defendant in violation of 18 U.S.C. 3583(e)(3) and was defendant's righ… |
| 23-7777 |
Robert King Via, Jr. v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-06-21 |
Denied |
Response WaivedIFP |
6th-amendment accomplice-testimony constitutional-law criminal-procedure criminal-rights due-process evidence exculpatory-evidence witness-testimony |
Does the uncorroborated testimony of alleged accomplices outweigh a defendant's 6th Amendment right to present evidence in his favor? |
| 23-7778 |
Davonte Williams-Dorsey v. United States |
Second Circuit |
2024-06-21 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-due-process-jury-trial-evidence due-process duress-defense fifth-amendment judicial-precedent jury-trial sixth-amendment trial-procedure united-states-v-contento-pancho united-states-v-paul |
Did the lower courts err in precluding petitioner's duress defense at trial? |
| 23A1133 |
Jason Gatlin v. United States |
Eleventh Circuit |
2024-06-21 |
Presumed Complete |
|
criminal-procedure double-jeopardy eleventh-circuit finality jury-verdict sex-trafficking |
Whether a jury's verdict becomes final for double jeopardy purposes when the verdict is announced in open court, is unanimous, and no juror has regist… |
| 23-7733 |
Thomas Richard Ward v. Virginia |
Virginia |
2024-06-20 |
Denied |
IFP |
constitutional-rights coram-vobis criminal-procedure criminal-record-expungement cruel-and-unusual-punishment due-process plea-bargain plea-colloquy protection-order-violation |
due-process-violation |
| 23-7766 |
Charles Edward Luckett v. Robert Neuschmid, Warden |
Ninth Circuit |
2024-06-20 |
Denied |
Response WaivedIFP |
brady-v-maryland burden-of-proof criminal-procedure due-process evidence exclusionary-rule fourteenth-amendment fourth-amendment habeas-corpus sixth-amendment witness |
Whether the exclusion of evidence related to Luckett's brother's detention inside the crime scene perimeter violated Luckett's Sixth and Fourteenth Am… |
| 23-7768 |
Leonard Williamson, Jr. v. United States |
Seventh Circuit |
2024-06-20 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing-guidelines sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit the district court from considering conduct of which Mr. Williamson was acquitted by the jury when cal… |
| 23-7769 |
In Re Johnny Smith |
|
2024-06-20 |
Denied |
Relisted (2)IFP |
bar-ethics court-rules criminal-procedure due-process indictment judicial-discretion judicial-misconduct legal-procedure prosecutorial-misconduct rule-of-court rules-of-court |
Question not identified |
| 23-7743 |
Jensen Ken Alexander v. Territory of the Virgin Islands, et al. |
Virgin Islands |
2024-06-18 |
Denied |
IFP |
civil-procedure due-process government-delay ineffective-assistance-of-counsel prosecutorial-misconduct speedy-trial constitutional-rights criminal-procedure due-process habeas-corpus judicial-review legal-standing |
Question not identified |
| 23-7744 |
In Re William F. Laffoon |
|
2024-06-18 |
Denied |
IFP |
civil-rights criminal-conviction criminal-procedure due-process equal-protection jurisdiction mcgirt-ruling native-american native-american-rights reservation-law retroactivity tribal-jurisdiction |
Question not identified. |
| 23-7746 |
Robert Brumfield, III v. United States |
Fifth Circuit |
2024-06-18 |
Denied |
Response WaivedIFP |
acquitted-conduct brady-prejudice criminal-procedure due-process fifth-amendment jury-acquittal prosecution-evidence sentencing sentencing-guidelines sixth-amendment |
Whether courts evaluating Brady prejudice are permitted to ignore a jury's acquittal when evaluating the strength of the prosecution's evidence |
| 23-7748 |
Jacob W. Barron v. United States |
Fifth Circuit |
2024-06-18 |
Denied |
Response WaivedIFP |
compliance-check criminal-procedure fourth-amendment fourth-amendment-expectation-of-privacy law-enforcement privacy-expectation probable-cause probation probation-search warrantless-search |
Did the warrantless search of Mr. Barron's home that was not related to monitoring his compliance with his probation offend his Fourth Amendment expec… |
| 23-7755 |
Anthony Raymoné Clark v. Oklahoma |
Oklahoma |
2024-06-18 |
Denied |
IFP |
appeal appeal-process criminal-procedure district-court due-process due-process,civil-procedure,post-conviction,appeal final-judgment impediment post-conviction post-conviction-procedure procedural-rules |
Whether the trial judge and state's attorney unreasonably created an impediment to the timely submission of a post-conviction application, contrary to… |
| 23-7734 |
Reshod Jamar Everett v. United States |
Fourth Circuit |
2024-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment fourth-amendment-rights law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-belief warrantless-search |
fourth-amendment |
| 23-7738 |
Terrill Goods v. United States |
Sixth Circuit |
2024-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights due-process federal-rules federal-rules-of-criminal-procedure in-absentia presence sentencing waiver |
Whether a defendant who does not clearly and expressly waive his presence at his sentencing hearing may be sentenced in absentia under Fed. R. Crim. P… |
| 23-7739 |
Cary Joseph Heath v. Texas |
Texas |
2024-06-17 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication new-trial trial-fairness witness-testimony |
Whether the petitioner is responsible for the deaths of the victims, given the testimony of the forensic psychologist that the petitioner was drugged … |
| 23-7721 |
Darren M. Reese v. Jay Forshey, Warden |
Sixth Circuit |
2024-06-14 |
Denied |
IFP |
constitutional-law constitutional-violation criminal-procedure criminal-procedure'\n\n'May a State Court of Last due-process legal-interpretation rule-of-lenity state-court state-law statutory-interpretation |
Is the Rule of Lenity a Constitutional Due Process guarantee that must be employed when a State Court construes ambiguous statutory language? |
| 23-7722 |
Christopher Harry West v. Brian Emig, Warden |
Delaware |
2024-06-14 |
Denied |
Response WaivedIFP |
brady-violation carter-v-illinois constitutional-rights criminal-procedure due-process harrington-v-richter post-conviction post-conviction-review second-challenges state-law-procedural-requirement suppression-requirement |
due-process-violation |
| 23-7723 |
Barbara Martin v. New Jersey |
New Jersey |
2024-06-14 |
Denied |
IFP |
change-of-venue civil-rights constitutional-rights criminal-procedure due-process evidence-withholding prosecutorial-misconduct qualified-immunity standing witness-tampering |
Should a change of venue be granted in a civil rights case against a county prosecutor and county employees? |
| 23-7725 |
Jimmie Lee Walton v. United States |
Fifth Circuit |
2024-06-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence |
Did Walton receive effective assistance of counsel? |
| 23-1310 |
Dean Gross v. United States |
Tenth Circuit |
2024-06-14 |
Denied |
Amici (1) |
criminal-custody criminal-law criminal-procedure custody federal-courts federal-escape-statute federal-statutes halfway-house statutory-interpretation tenth-circuit |
Whether a criminal defendant released to a halfway house is in 'custody' and can commit the crime of escape |
| 23-7705 |
Eric D. Johnson v. Mississippi |
Mississippi |
2024-06-13 |
Denied |
IFP |
administrative-review criminal-procedure criminal-sentencing due-process equal-protection judicial-relief retroactivity safety-valve sentencing-calculation statutory-interpretation |
Whether Sohnson's sentence was improperly calculated and should be reduced under the 'safety valve' (18 U.S.C. 3553(f)) sentencing law in effect at th… |
| 23-7708 |
Joshua Peters v. United States |
Third Circuit |
2024-06-13 |
Denied |
Response WaivedIFP |
burden-shifting constitutional-law criminal-procedure due-process government-misconduct new-trial presumption-of-innocence prosecutorial-misconduct trial-order |
Burden-shifting-in-criminal-trial |
| 23-7711 |
Philong Nghia Huynh v. J. Lizarraga |
Ninth Circuit |
2024-06-13 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure criminal-trial forensic-nurse sixth-amendment surrogate-nurse surrogate-testimony testimonial-statements testimony |
Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a surrogate nurse conveyin… |
| 23-7715 |
Noel Bender v. Iowa Department of Corrections, et al. |
Eighth Circuit |
2024-06-13 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure criminal-statute domestic-violence due-process evidence federal-law firearm-possession gun-rights restraining-order standard-of-proof statutory-interpretation |
Whether Substubal Evidence Supports the District Court's Holding beyond a reasonable doubt that Noel Berd and Boyle Banks were Cohabiting at the time … |
| 23-7716 |
Donte Solomon v. Robert St. Andre, Warden |
Ninth Circuit |
2024-06-13 |
Denied |
Response WaivedIFP |
alcohol-and-drugs constitutional-rights criminal-procedure due-process heat-of-passion jealousy judicial-review jury-instructions jury-selection legal-challenge mental-state provocation |
Question not identified |
| 23-7717 |
Ledra A. Craig v. United States |
Eighth Circuit |
2024-06-13 |
Denied |
Response WaivedIFP |
compulsory-process confrontation-clause constitutional-rights criminal-conviction criminal-procedure criminal-procedure-rights cross-examination due-process right-to-counsel right-to-cross-examine |
Can a defendant's conviction be sustained based on uncorroborated statements made during interrogation? |
| 23-7690 |
Wendell Johnson, aka Lamar Hill v. New Jersey |
New Jersey |
2024-06-12 |
Denied |
IFP |
administrative-law civil-rights constitutional-law criminal-procedure due-process evidence ineffective-assistance-of-counsel judicial-bias judicial-review legal-procedure prosecutorial-misconduct statutory-interpretation |
Question not identified |
| 23-7697 |
Zachary Kelsey v. Tim Garrett, Warden, et al. |
Ninth Circuit |
2024-06-12 |
Denied |
Response WaivedIFP |
cause-of-death closing-argument criminal-procedure criminal-trial forensic-pathologist forensic-pathology habeas-corpus ineffective-assistance-of-counsel second-degree-murder sixth-amendment |
Whether Zachary Kelsey was deprived of the effective assistance of counsel |
| 23-7699 |
Levoyd A. Jones v. Angela Hunsinger-Stuff, Warden |
Sixth Circuit |
2024-06-12 |
Denied |
IFP |
6th-amendment brady-violation criminal-procedure direct-evidence due-process evidence ineffective-assistance jurisdiction sixth-amendment trial-counsel uncharged-crime witness-impeachment |
Whether evidence of an uncharged crime can be used as direct evidence |
| 23-7700 |
Deon Anthony Romell Bailey v. United States |
Eighth Circuit |
2024-06-12 |
Denied |
Response WaivedIFP |
bodily-safety circuit-court civil-rights compassionate-release criminal-procedure due-process innocence-claim physical-abuse sentencing-enhancement sexual-abuse |
Question not identified. |
| 23-1295 |
Linnzi Zaorski v. Nicholas Usner |
Louisiana |
2024-06-12 |
Denied |
|
child-custody civil-contempt civil-procedure contempt-of-court criminal-contempt criminal-procedure due-process fourteenth-amendment preponderance-of-evidence purge-clause reasonable-doubt suspended-sentence suspension-of-sentence |
Due-process-clause-violation |
| 23-1290 |
Michael Binday v. United States |
Second Circuit |
2024-06-11 |
Denied |
Response Waived |
598 U.S. 306 (2023) requires retroactive effect constitutional-challenge criminal-law criminal-procedure criminal-statute due-process fraud habeas-corpus retroactive-effect retroactivity section-2255 standing statutory-interpretation supreme-court-review |
Whether Ciminelli v. United States |
| 23-7681 |
Thomas George Craaybeek v. Texas |
Texas |
2024-06-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fundamental-rights grand-jury habeas-corpus ineffective-assistance post-conviction-relief suppressed-evidence |
Question not identified |
| 23-7682 |
Daniel Loyola, Jr. v. United States |
Fifth Circuit |
2024-06-11 |
Denied |
Response WaivedIFP |
2nd-amendment appellate-review constitutional-analysis criminal-law criminal-procedure due-process fifth-circuit firearms plain-error statutory-interpretation united-states-v-bruen |
Whether a ruling in Mr. Rahimi's favor would affect the Fifth Circuit's plain-error analysis concerning the constitutionality of § 922(0) |
| 23-7683 |
Keon Lamont Lee v. United States |
Sixth Circuit |
2024-06-11 |
Denied |
Response WaivedIFP |
appellate-rights circuit-split criminal-procedure due-process guilty-plea guilty-plea-withdrawal plea-bargaining plea-withdrawal sentencing sixth-circuit |
Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made without full knowledge of its consequences? |
| 23-7685 |
Edwin K. Davis v. Florida |
Florida |
2024-06-11 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment jury-trial ramos-v-louisiana sixth-amendment williams-v-florida |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 23-7673 |
Aubrey Jiles Stanley, Jr. v. Bryan Morrison, Warden |
Sixth Circuit |
2024-06-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct self-defense severance sixth-amendment witness-testimony |
Was trial counsel ineffective? |
| 23-1288 |
Nicholas Newman v. United States |
Tenth Circuit |
2024-06-10 |
Denied |
|
actual-innocence assault-federal-officer collateral-attack-waiver criminal-law-procedure criminal-procedure federal-criminal-law habeas-corpus plea-agreement statutory-interpretation tenth-circuit |
Whether reasonable jurists could debate whether assault on a federal officer under 18 U.S.C. § 111 can be committed by reckless contact with another p… |
| 23-7661 |
Muhammad E. Milhouse v. New York City Department of Homeless Services, et al. |
Second Circuit |
2024-06-07 |
Denied |
Response WaivedIFP |
attorney-representation civil-procedure civil-rights criminal-procedure critical-stage due-process representation right-to-counsel sixth-amendment standing victim-rights |
Question not identified. |
| 23-7663 |
Sandra Denise Curl, aka Sandra Curl Jacobs, aka Sandra Curl-Jacobs El, aka Minister Sandra El v. United States |
Fourth Circuit |
2024-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process mental-health right-to-counsel sixth-amendment von-moltke-v-gillies waiver waiver-of-counsel |
Whether a defendant must understand the elements of the charged offenses for a valid waiver of the Sixth Amendment right to trial counsel |
| 23-7665 |
Kenneth Oteng Duodu v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-06-07 |
Denied |
Relisted (2)IFP |
article-vi confrontation-clause constitutional-rights consular-notification criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus international-obligations vienna-convention |
Whether the failure of the Fairfax County Police Department to notify the Consulate of Ghana in contravention of the petitioner's established consular… |
| 23-7669 |
Anthony Bender, Jr. v. United States |
Seventh Circuit |
2024-06-07 |
Denied |
Response WaivedIFP |
brady-violation burden-of-proof criminal-procedure due-process evidence evidence-sufficiency police-testimony prosecutorial-misconduct reasonable-sentence witness-testimony |
whether-the-government's-failure-to-disclose-the-dash-camera-video-constituted-a-brady-violation |
| 23-7650 |
Samuel Cuellar v. Jeff Tanner, Warden |
Sixth Circuit |
2024-06-06 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-violation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-decision mandatory-minimum mandatory-minimum-sentences plea-bargaining plea-negotiations sentencing |
Whether petitioner is entitled to reinstatement of plea offer due to counsel's failure to inform him of mandatory minimum sentence |
| 23-7654 |
Tildren Sherron Hunter v. United States |
Fourth Circuit |
2024-06-06 |
Denied |
Response WaivedIFP |
appellate-standard criminal-evidence criminal-law drug-crimes evidence fourth-circuit-review intent intent-to-distribute jury-verdict methamphetamine-possession standard-of-review sufficiency-of-evidence |
Whether the Fourth Circuit improperly upheld Mr. Hunter's conviction of possession with intent to distribute methamphetamine |
| 23-7656 |
Carl Monroe Gordon v. United States |
Fifth Circuit |
2024-06-06 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights criminal-procedure defendants-rights due-process jurisdiction legal-procedure speedy-trial statutory-interpretation trial-act |
Was defendants Speedy Trial Rights Act Violated? |
| 23A1088 |
Anthony Mungin v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-06-06 |
Presumed Complete |
|
constitutional-review criminal-procedure death-penalty habeas-corpus ineffective-assistance trial-counsel |
Whether the Eleventh Circuit applied an unreasonable standard in evaluating claims of ineffective assistance of counsel in a death penalty case involv… |
| 23-1278 |
Tsai-Fen Lee v. Washington |
Washington |
2024-06-06 |
Denied |
Response Waived |
appellate-review constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance personal-restraint plea-bargaining right-to-counsel voluntariness-of-plea |
Whether the trial court erred in accepting defendant's guilty plea when the plea was equivocal |
| 23-7637 |
Andres Nixon Gonzales-Catagua, aka Nexon Gonzalez v. United States |
Eleventh Circuit |
2024-06-05 |
Denied |
Response WaivedIFP |
criminal-procedure drug-enforcement drug-interdiction jurisdiction jurisdictional-limit law-enforcement maritime-drug-law maritime-law military-law-enforcement miranda-warnings sixth-amendment |
Whether the jurisdictional limit in the Maritime Drug Law Enforcement Act relates to legislative reach or subject matter jurisdiction |
| 23-7640 |
Devin Fischer v. North Dakota |
North Dakota |
2024-06-05 |
Denied |
IFP |
abuse-of-discretion constitutional-rights criminal-procedure double-jeopardy due-process due-process-clause fair-trial guilty-plea judicial-discretion legal-standards |
Is a defendant denied due process when the court ignores legal standards and relies solely on their discretion? |
| 23-7642 |
John A. Beatty v. Jay Forshey, Warden |
Sixth Circuit |
2024-06-05 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process habeas-corpus judicial-review legal-standards precedent precedent-validity standing statutory-interpretation supreme-court-precedent |
Is McCarthy V United States, Ex Parte Milligan, Greenholtz V Nebraska Penal Inmates, Oregon v Hass, Vitak v. Jones still good law |
| 23-7643 |
Thomas Antonio Stuart v. United States |
Eleventh Circuit |
2024-06-05 |
Denied |
Response WaivedIFP |
alien-smuggling criminal-penalty criminal-procedure legislative-history mandatory-minimum sentencing statutory-interpretation textualism |
Whether the five-year mandatory minimum penalty of 8 U.S.C. § 1324(a)(2) can be applied to first-time offenders |
| 23-7646 |
Rogaciano Demetrio-Jimenez v. United States |
Fifth Circuit |
2024-06-05 |
Denied |
Response WaivedIFP |
almendarez-torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7616 |
Jacob Ray Owens v. United States |
Fifth Circuit |
2024-06-04 |
Denied |
Response WaivedIFP |
burden-of-proof co-conspirator-evidence criminal-procedure drug-conspiracy drug-purity drug-quantity ineffective-assistance ineffective-assistance-of-counsel methamphetamine-purity sentencing sentencing-enhancement |
Whether the purity of methamphetamine, linked to Owens's conspiracy solely by personnel, permitted an inference that Owens's methamphetamine was simil… |
| 23-7629 |
Robert Randall Ziegler v. Oklahoma |
Oklahoma |
2024-06-04 |
Denied |
IFP |
constitutional-rights conviction-relief criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review post-conviction-relief right-to-counsel state-court-appeal |
whether-the-oklahoma-court-of-criminal-appeals-holding-that-the-oklahoma-current-post-conviction-procedure-act-has-precluded-the-conviction-relief |
| 23-7630 |
Jamaal Elwood Dance v. United States |
Fourth Circuit |
2024-06-04 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-procedure constitutional-law contract-law criminal-procedure judicial-enforcement jurisdiction plea-agreement |
Was the appeal barred by the appeal waiver in the plea agreement? |
| 23-7635 |
Douglas Cornell Jackson v. Nathan Hoffman, Warden |
Sixth Circuit |
2024-06-04 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus post-conviction postconviction-proceedings standing state-court |
Whether a district court's sua sponte stay of habeas corpus petition pending resolution of postconviction proceeding in state court is appealable afte… |
| 23-7615 |
Randall Crater v. United States |
First Circuit |
2024-06-03 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure fair-trial sixth-amendment structural-error touhy-regulations trial-subpoenas witness-testimony |
Whether the district court's decision to quash three trial subpoenas because defendant did not comply with Touhy regulations violated defendant's Sixt… |
| 23-7619 |
Brandon Gibbs v. Texas |
Texas |
2024-06-03 |
Denied |
IFP |
closing-argument constitutional-rights criminal-procedure due-process fifth-amendment prosecutorial-misconduct self-incrimination |
Did prosecutor improperly comment on Petitioner's failure to testify during closing argument, in violation of the Fifth Amendment? |
| 23-7622 |
Angel Luis Concepcion-Rosario v. United States |
Third Circuit |
2024-06-03 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court-error due-process exclusionary-rule impeachment judgment-of-acquittal miranda-rights motion-for-mistrial physical-evidence sentencing suppression-of-evidence |
Did the district court error in not suppressing the physical evidence and the statement? |
| 23-7623 |
Estephen Castellon v. Ohio |
Ohio |
2024-06-03 |
Denied |
IFP |
criminal-procedure discovery due-process evidence-preservation exculpatory-evidence law-enforcement sixth-amendment speedy-trial warrant-execution |
Whether the failure to preserve potentially exculpatory evidence under the Trombetta and Youngblood standards, coupled with delays in trial proceeding… |
| 23-7625 |
Henry Sowers v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-06-03 |
Denied |
Response WaivedIFP |
ada-accessibility americans-with-disabilities-act criminal-procedure due-process equal-protection hearing-impairment judicial-accessibility pro-se pro-se-defendant structural-error voir-dire |
Does the State violate the ADA and Equal Protection Clause by failing to provide accessibility accommodations for a hearing-impaired pro-se defendant … |
| 23-7599 |
Jorge Ortiz-Juarez v. United States |
Fifth Circuit |
2024-05-31 |
Denied |
Response WaivedIFP |
case-law certiorari-petition constitutional-interpretation criminal-procedure due-process judicial-procedure overruling precedent-overruling sentencing statutory-interpretation supreme-court-precedent supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7606 |
Tommy Tate Collins v. United States |
Eighth Circuit |
2024-05-31 |
Denied |
IFP |
criminal-procedure district-court fair-and-just-standard government-breach judicial-discretion plea-agreement remedy santobello-v-new-york sentencing-remedy |
What is the appropriate test or what factors should a district court consider when determining the appropriate remedy, after an appellate court has fo… |
| 23-7609 |
Donald Washington, Sr. v. California |
California |
2024-05-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief procedural-due-process right-to-appeal |
Did the Defendant have the Right to Appeal his Conviction 48 years Ago as a Right? |
| 23A1073 |
Jeremiah Wooden v. Massachusetts |
Massachusetts |
2024-05-31 |
Presumed Complete |
|
constitutional-law criminal-procedure double-jeopardy fifth-amendment retrial sufficiency-of-evidence |
Whether the Double Jeopardy Clause permits a retrial when a change in law renders the original trial evidence insufficient to support a conviction |
| 23-7592 |
Ynedra Diggs v. United States |
Fifth Circuit |
2024-05-30 |
Denied |
Response WaivedIFP |
bruton-rule bruton-v-united-states co-defendant-statements confrontation-clause constitutional-rights criminal-procedure fifth-amendment fifth-circuit testimonial-evidence testimonial-statements unavailable-witnesses |
Was Ms. Diggs's constitutional right to confrontation violated? |
| 23-7594 |
Felipe Matias-Miguel v. United States |
Fifth Circuit |
2024-05-30 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7581 |
Glenn D. Odom, II v. Scott Jordan, Warden |
Sixth Circuit |
2024-05-29 |
Denied |
Response WaivedIFP |
conflict-counsel conflict-of-counsel constitutional-rights criminal-procedure criminal-rights due-process jury jury-questioning pro-se-defense waiver witness witness-testimony |
Does a criminal defendant have a constitutional right to fully present himself / herself as a witness |
| 23-7582 |
Manna Massaquoi v. Pennsylvania |
Pennsylvania |
2024-05-29 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights constitutional-law constitutional-rights due-process evidence judicial-review jurisdiction legal-procedure standing |
Did the Pennsylvania Supreme Court err in finding that the FORA Consent Decree entered by the Pennsylvania Governor was not violated by the granting o… |
| 23-7583 |
Shawn Hill v. United States |
Second Circuit |
2024-05-29 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure mental-health plea-bargaining remorse sentencing sentencing-guidelines substantive-reasonableness supervised-release |
Was petitioner improperly denied credit for acceptance of responsibility? |
| 23-7585 |
Wilfred H. v. Josh Ward, Interim Superintendent, Mount Olive Correctional Complex |
West Virginia |
2024-05-29 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-charges criminal-procedure double-jeopardy due-process factual-allegations legal-procedure multiple-convictions multiple-counts |
Does a state violate due process or double jeopardy principles when it charges and convicts a defendant on multiple, identical counts, with none conne… |
| 23-7588 |
Ruben Mendezsales v. Florida |
Florida |
2024-05-29 |
Denied |
IFP |
14th-amendment 6th-amendment constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial overrule sixth-amendment williams-v-florida |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-1249 |
Timothy Patrick Guilfoy v. Brandon Watwood, Warden |
Sixth Circuit |
2024-05-29 |
Denied |
Response Waived |
confrontation-clause criminal-procedure due-process fair-trial habeas-corpus jury-misconduct right-to-confront testimonial-evidence |
Whether a DVD recording containing testimonial evidence of the accusers, admitted as an exhibit, but never played during the trial, may be viewed by t… |
| 23-1250 |
Carlos Vega v. Terence B. Tekoh |
Ninth Circuit |
2024-05-29 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
administration-of-justice circuit-split coerced-confessions confession-admissibility criminal-procedure due-process expert-testimony fifth-amendment miranda-rights miranda-warning ninth-circuit |
Whether the Ninth Circuit erred by establishing a categorical rule requiring the admission of expert testimony on the allegedly coercive circumstances… |
| 23-7561 |
Charles Hyde v. United States |
Eleventh Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process exculpatory-evidence standing supreme-court |
Whether the Appellate Court erred in denying Hype's petition for a writ of certiorari |
| 23-7564 |
Ricky T. Jackson v. United States |
Sixth Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
confidential-informant criminal-procedure criminal-sentencing double-hearsay due-process evidentiary-sufficiency sentencing sentencing-enhancement sixth-amendment sixth-circuit |
Whether the Sixth Circuit's determination that uncorroborated and unreliable double hearsay statements of an unreliable confidential informant was suf… |
| 23-7565 |
Juan Aguiera-Guzman v. United States |
Ninth Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-sentencing judicial-reasoning mitigation-arguments plain-error sentencing sentencing-discretion silent-record |
Whether the holding in Molina-Martinez applies to sentencing-errors, such as the clear Rule 32 violation here |
| 23-7566 |
Brendon Tyre Garner v. United States |
Fourth Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sentencing-guidelines sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-7567 |
Michael David Carruth v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-05-28 |
Denied |
IFP |
alabama appellate-counsel constitutional-right criminal-procedure death-penalty exhaustion ineffective-assistance procedural-bar right-to-counsel state-procedure writ-of-certiorari |
Whether a defendant-appellant has a right to counsel through the filing of a petition for a writ of certiorari |
| 23-7568 |
Malek Lassiter v. United States |
Fourth Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
18-usc-924c appellate-review court-of-appeals criminal-conviction criminal-procedure federal-statute section-924c sentencing statutory-interpretation supreme-court united-states-v-taylor |
Whether The Court Of Appeals Erred By Holding Lassiter's Convictions Under 18 U.S.C. § 924(c) On Counts 25 And 28 Remain Lawful After United States v.… |
| 23-7569 |
Raymond Woodley v. North Carolina |
North Carolina |
2024-05-28 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-procedure due-process ineffective-assistance multiple-representation sixth-amendment strickland-prejudice strickland-standard sullivan-standard trial-court |
When counsel alerts the trial court to a conflict of interest not involving multiple representation, and the trial court fails to resolve the conflict… |
| 23-7571 |
Corey Goings v. United States |
Sixth Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
appeal-rights appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining racial-discrimination sentencing |
Whether the Plea Agreement's general waiver of appeal rights included a waiver of appealing a sentence based on the impermissible factor of race |
| 23-7572 |
Jerry A. Smith v. John Galipeau |
Seventh Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process fourth-amendment search-and-seizure standing |
Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 23-7560 |
David Darnell Whitehead v. United States |
Fourth Circuit |
2024-05-24 |
Denied |
Response WaivedIFP |
alien-smuggling border-crossing criminal-intent criminal-procedure designated-port-of-entry illegal-immigration immigration-law mens-rea port-of-entry statutory-interpretation sufficiency-of-evidence |
Whether the petitioner's conduct constituted bringing aliens to or entering the United States at a place other than a designated port of entry, and wh… |
| 23-7553 |
Francisco Joseph Arcila Ramirez v. United States |
Eleventh Circuit |
2024-05-23 |
Denied |
Response WaivedIFP |
18-usc-2339b criminal-procedure foreign-terrorist-organization material-support sentencing terrorism-enhancement |
When a defendant has entered a plea of guilty to the offense of providing material support to a foreign terrorist organization, in violation of 18 U.S… |
| 23-7556 |
Nathan O. Beal v. Washington |
Washington |
2024-05-23 |
Denied |
IFP |
criminal-procedure criminal-trials daubert-standard due-process evidence-rule expert-testimony federal-evidence-rule firearm-ballistics frye-standard scientific-evidence trial-procedure |
Should Washington State use the Daubert standard for criminal trials, or is the Frye standard sufficient? |
| 23A1048 |
Quentin Veneno, Jr. v. United States |
Tenth Circuit |
2024-05-23 |
Presumed Complete |
|
covid-19 criminal-procedure preservation public-trial right-to-access sixth-amendment |
Whether a criminal defendant must object at the start of trial to preserve a Sixth Amendment challenge to a court's restrictions on public access to j… |
| 23A1049 |
Meko R. Walker v. United States |
Fifth Circuit |
2024-05-23 |
Presumed Complete |
|
constitutional-rights criminal-procedure ineffective-assistance right-to-testify sixth-amendment trial-counsel |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to inform the defendant o… |
| 23-7532 |
In Re Keith Hager |
|
2024-05-22 |
Denied |
Response WaivedIFP |
charging-instrument criminal-procedure criminal-sentencing due-process judicial-authority mandamus mens-rea sentencing statutory-interpretation writ-of-mandamus |
Whether this court must issue a writ of mandamus where a federal court lacked authority to sentence petitioner upon an offense for which Congress did … |
| 23-7537 |
Mike Austin Anderson v. United States |
Fifth Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
appeal criminal-procedure criminal-trial due-process judicial-procedure jury-instructions jury-verdict motion-to-revoke recusal-motion standard-of-review sufficiency-of-evidence |
Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return a guilty verdic… |
| 23-7539 |
Eddie Lamar Thomas v. Don Langford, Warden |
Tenth Circuit |
2024-05-22 |
Denied |
IFP |
criminal-procedure custodial-interrogation due-process fifth-amendment investigative-detention miranda-warnings self-incrimination |
Whether the district court violated Mr. Thomas's Fifth Amendment rights by admitting his statements to detectives and evidence derived from those stat… |
| 23-7540 |
Oscar Catalan Ruiz v. California |
California |
2024-05-22 |
Denied |
IFP |
abstract-statutes appeals civil-rights constitutional-rights criminal-procedure defendants-rights due-process judicial-review jurisdiction legal-interpretation procedural-due-process sentencing |
Whether the petitioner's due process rights were violated by the sentencing court's failure to consider mitigating evidence and impose an appropriate … |
| 23-7541 |
Tommy Duane Barnes v. Roberto Felix, Jr., et al. |
Fifth Circuit |
2024-05-22 |
GVR |
Response WaivedRelisted (3)IFP |
civil-rights conspiracy conspiracy-to-murder constitutional-rights criminal-procedure due-process judicial-misconduct jurisdiction pro-se-representation standing texas-jurisdiction tyranny |
Was the petitioner's constitutional rights violated by the denial of a telephone hearing after being granted pro se representation? |
| 23-7542 |
Anthony Obute v. United States |
Fifth Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
appellate-rights appellate-waiver controlled-substance criminal-procedure pharmacy-operations plea-agreement sentencing-enhancement statutory-interpretation |
Does a defendant's waiver of appellate rights in a plea agreement remain enforceable when the Presentence Investigation Report applies an enhancement … |
| 23-7543 |
Jeryme Morgan v. DeAnna Brookhart |
Seventh Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure due-process equal-protection habeas-corpus judicial-review legal-interpretation precedent-setting prior-crimes-evidence standing statutory-construction |
Whether the Martínez-Treviño Exceptions should be extended to Illinois prisoners |
| 23-7544 |
Rodolfo Morales-Cortez v. United States |
Ninth Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
burden-of-proof closing-argument criminal-procedure defendant-rights due-process objection-standard prejudice prosecutorial-misconduct |
Does a defendant who timely objects to a prosecutor's misconduct during closing argument nevertheless bear the burden to show that it caused him preju… |
| 23-7545 |
Bobby Tatum v. Darren Galloway, Warden |
Seventh Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
actual-innocence child-victim-testimony civil-rights confrontation-clause criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance-of-counsel video-evidence |
Whether the district court erred in denying the petitioner's motion for a new trial |
| 23-7547 |
Branden Tyler v. United States |
Eleventh Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
18-usc-2 5th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment interstate-commerce person principal statutory-interpretation |
Whether a defendant can be charged with aiding and abetting when the principal was not another actual person |
| 23-7517 |
Christopher L. Wilson v. Hawaii |
Hawaii |
2024-05-21 |
Denied |
Amici (5)Response RequestedResponse WaivedRelisted (9)IFP |
2nd-amendment bruen-test civil-rights constitutional-rights criminal-procedure criminal-prosecution due-process licensing-scheme second-amendment self-defense standing supremacy-clause |
Whether the Bruen test determines when a State's criminal prosecution for carrying a handgun without a license violates the Second Amendment? |
| 23-7521 |
Keith Lamar Rodgers v. Florida |
Florida |
2024-05-21 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7525 |
Stanley Waldron v. Louisiana |
Louisiana |
2024-05-21 |
Denied |
IFP |
constitutional-law criminal-procedure criminal-punishment due-process equal-protection hard-labor involuntary-servitude state-liability thirteenth-amendment |
Is the State of Louisiana barred by the Thirteenth Amendment from punishing involuntary servitude at hard labor for a class of offenders without due c… |
| 23-7526 |
Thomas Webster v. Natalie Haskins, Program Director, Haskins Residential Care |
Ninth Circuit |
2024-05-21 |
Denied |
Relisted (2)IFP |
appellate-review civil-procedure due-process evidence evidentiary-rules expert-witness judicial-procedure judicial-proceedings motion-timing standards-of-review |
Whether the lower court erred in allowing the defendant to introduce a crucial piece of evidence, an expert witness's report, after the closing of mot… |
| 23-7528 |
Aaron Matthew Rentfrow v. United States |
Fifth Circuit |
2024-05-21 |
Denied |
Response WaivedIFP |
criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony |
Whether the district court erred in failing to grant a mistrial |
| 23A1035 |
Dedric Dixon v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-05-21 |
Presumed Complete |
|
constitutional-rights criminal-procedure double-jeopardy felony-murder ineffective-assistance jury-verdicts |
Whether a criminal defendant's constitutional rights are violated when he is convicted of felony murder after being acquitted of intentional murder ba… |
| 23-7509 |
Thomas J. Moore v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-05-20 |
Denied |
IFP |
burden-of-proof capital-case criminal-procedure due-process fair-trial ineffective-assistance prosecutorial-misconduct religious-arguments testimonial-evidence trial-counsel |
Ineffective-assistance-of-counsel |
| 23-7511 |
Rodney Johnson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2024-05-20 |
Denied |
IFP |
appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment probable-cause search-and-seizure |
Whether the issuing authority failed to comply with the rules of court to exclude the judge's signed order of the AEE and deny a writ of probable caus… |
| 23-7515 |
Carlos Davis v. Hemmersbach US, L.L.C. |
Fifth Circuit |
2024-05-20 |
Denied |
Response WaivedRelisted (3)IFP |
appellate-procedure circuit-rules civil-procedure contract-law due-process evidence evidence-presentation jurisdiction verbal-agreement verbal-contract |
Does the 5th Circuit's circuit rules supersede The Federal Circuit and U.S Supreme Court, particularly when parties may present new arguments for the … |
| 23-7516 |
Anthony Roy Spain v. Oklahoma |
Oklahoma |
2024-05-20 |
Denied |
IFP |
creek-nation criminal-procedure direct-appeal flores-ortega ineffective-assistance ineffective-assistance-of-counsel jurisdiction mcgirt-decision mcgirt-v-oklahoma sixth-amendment |
Were trial counsel ineffective for failing to consult with Mr. Spain about taking a direct appeal from his conviction, where doing so would not have b… |
| 23-7494 |
Ohio, ex rel. Soleiman Mobarak v. Jeffrey M. Brown, Judge, Court of Common Pleas of Ohio, Franklin County, et al. |
Ohio |
2024-05-17 |
Denied |
IFP |
constitutional-law criminal-jurisdiction criminal-law criminal-procedure due-process ex-post-facto retrospective-legislation subject-matter-jurisdiction void-for-vagueness |
Is it repugnant to convict a US citizen for innocent acts not criminalized by statute? |
| 23-7503 |
Christopher Michael Bullins Croce v. Florida |
Florida |
2024-05-17 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony first-amendment fourteenth-amendment jury-trial sixth-amendment stalking-statute |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7508 |
Matias Zarate v. United States |
Seventh Circuit |
2024-05-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process guidelines reasonableness reasonableness-standard sentencing sentencing-guidelines seventh-circuit supervised-release |
Whether a sentence within the guidelines range is unreasonable when the defendant has already served more time on supervised release than originally s… |
| 23-7491 |
Caesar V. Vaca v. United States |
Eighth Circuit |
2024-05-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-introduction fair-trial federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel trial-attorney |
Whether trial attorney's error resulted in the introduction of evidence under Federal Rules of Evidence 404(b) that led to an unfair conviction |
| 23-7496 |
In Re Olamide O. Bello |
|
2024-05-16 |
Denied |
IFP |
access-to-court access-to-courts constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment speedy-trial-act standing |
Whether the failure of the counsel to pursue an appeal or motion the petitioner would have otherwise pursued violate the Sixth Amendment prejudice the… |
| 23-7497 |
In Re Olamide O. Bello |
|
2024-05-16 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure defamation due-process federal-release first-amendment free-speech government-liability retaliation speech-restriction |
Whether a company's comments with customers on and for redress of grievances are protected under the First Amendment and Article 16 of the Declaration… |
| 23-7470 |
Christopher L. Takhvar v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-05-15 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights constitutional-law criminal-procedure due-process edwards-v-arizona ex-post-facto fundamental-rights habeas-corpus retroactive-criminalization slack-v-mcdaniel |
Whether the denial of a Certificate of Appealability violates the established 'Slack v. McDaniel' standard to determine a substantial showing of the d… |
| 23-7476 |
Julius Jerome Walker v. Oklahoma |
Oklahoma |
2024-05-15 |
Denied |
Relisted (2)IFP |
abuse-of-discretion civil-rights criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct registration-requirements |
Whether the District court in Muskogee county denied me my fundamental rights because of PROSECUTORIAL MISCONDUCT |
| 23-7477 |
Joseph Ira Patterson, III v. United States |
Fourth Circuit |
2024-05-15 |
Denied |
Response WaivedIFP |
appeal appellate-jurisdiction criminal-appeal criminal-procedure drug-possession due-process plea-agreement plea-bargain sentencing sentencing-enhancement waiver waiver-of-rights |
Whether a provision in a plea agreement which bars a defendant from appealing 'any sentence of imprisonment' can be knowingly entered into well before… |
| 23-7483 |
Edgardo Esteras v. United States |
Sixth Circuit |
2024-05-15 |
Judgment Issued |
Amici (1)Response RequestedResponse WaivedRelisted (4)IFP |
18-usc-3553 18-usc-3583 circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors statutory-interpretation supervised-release |
Whether district courts may rely on the section 3553(a)(2)(A) factors when revoking supervised release |
| 23-7486 |
Edgar Vazquez v. United States |
Eleventh Circuit |
2024-05-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidentiary-hearing motion-to-dismiss motion-to-suppress standard-of-review |
Whether certiorari review should be granted |
| 23-7468 |
Joe Ernest Robinson v. Texas |
Texas |
2024-05-14 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process free-speech judicial-procedure legal-review scotus-petition standing statutory-interpretation |
Can a defendant be convicted under laws that are vague and overbroad? |
| 23-7471 |
Shauntavus Berklin v. United States |
Eleventh Circuit |
2024-05-14 |
Denied |
Response WaivedIFP |
appeal criminal-appeal criminal-procedure district-court due-process eleventh-circuit evidence federal-sentencing-guidelines gun-accountability sentencing sentencing-factors sentencing-guidelines |
Whether certiorari review should be granted where the Eleventh Circuit erred in affirming the district court's denial of Berklin's objection to the nu… |
| 23-7472 |
Torrie Chermaine Austin v. Florida |
Florida |
2024-05-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7478 |
Dylan Gregory Kerstetter v. United States |
Fifth Circuit |
2024-05-14 |
GVR |
IFP |
armed-career-criminal-act categorical-approach constitutional-indictment criminal-procedure due-process indictment jury-finding jury-trial prior-felony-conviction sentencing-enhancement statutory-interpretation |
Whether the Constitution requires an indictment to allege, and a jury to find (or a defendant to admit), the extra facts necessary to impose an ACCA s… |
| 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-on-willfulness-element-disregarded-defendant's-subjective-intent |
| 23A1009 |
Luis Chavez v. United States |
Ninth Circuit |
2024-05-14 |
Presumed Complete |
|
constitutional-rights criminal-procedure ninth-circuit petition-for-certiorari supreme-court-rules time-extension |
Whether a criminal defendant's constitutional right to file a timely petition for certiorari is preserved when seeking an extension under Supreme Cour… |
| 23-7458 |
In Re Michael David Hower |
|
2024-05-13 |
Dismissed |
Response WaivedIFP |
acquitted-charge acquitted-conduct criminal-procedure due-process evidentiary-hearing habeas-corpus jury-trial section-2255 sentencing sentencing-enhancement sixth-amendment |
Did the courts below commit reversible error in denying petitioner's 2255 motion without an evidentiary hearing? |
| 23-7459 |
Alan Troy Houser v. Stephen Buzas, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2024-05-13 |
Denied |
Response WaivedIFP |
42-usc-1983 accomplice-liability civil-rights conspiracy constitutional-law criminal-liability criminal-procedure due-process failure-to-intervene standing |
Whether the district court erred in dismissing the petitioner's claims for conspiracy to violate civil rights and failure to intervene under 42 U.S.C.… |
| 23-7460 |
William Burton v. Brian Emig, Warden, et al. |
Third Circuit |
2024-05-13 |
Denied |
IFP |
criminal-procedure effective-assistance-of-counsel evidentiary-stipulation fourteenth-amendment ineffective-assistance-of-counsel mccoy-v-louisiana plea-rights sixth-amendment strickland-standard |
Was Petitioner's Sixth and Fourteenth Amendment right to effective assistance of counsel violated? |
| 23-7447 |
Azaniah Blankumsee v. Maryland |
Maryland |
2024-05-10 |
Denied |
IFP |
actual-innocence circuit-court civil-rights criminal-procedure discretionary-review due-process habeas-corpus judicial-discretion standing writ-of-error |
Did the lower court abuse its discretion by denying appellant's petition for writ of actual innocence without looking at the totality, or assessing wh… |
| 23-7432 |
Torrieo Monte Johnson, aka Torrieo Corker v. United States |
Eleventh Circuit |
2024-05-09 |
Denied |
Response WaivedIFP |
civil-rights corporate-fraud criminal-law criminal-procedure due-process federal-criminal-jurisdiction federal-jurisdiction jurisdictional-challenge land-use multi-defendant-case ninth-circuit-interpretation state-jurisdiction |
What are the acceptance and recordation dates for which the Federal Government accepted concurrent legislative jurisdiction from the State of Georgia … |
| 23-7433 |
Gary Allen Kachina v. United States |
Eighth Circuit |
2024-05-09 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure constitutional-law criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure habeas-corpus new-trial standard-of-review |
Whether the district court erred in denying the defendant's motion for a new trial |
| 23-7436 |
Eagles Denashu Begay v. United States |
Ninth Circuit |
2024-05-09 |
Denied |
IFP |
28-usc-2255 appeal criminal-procedure direct-appeal due-process evidentiary-hearing habeas-corpus indigent-defendant ineffective-assistance pro-se-claim right-to-counsel |
Ineffective-assistance-of-counsel |
| 23-7438 |
Anthony Espinosa Gonzales v. United States |
Ninth Circuit |
2024-05-09 |
Denied |
Response WaivedIFP |
appellate-review computer-generated-evidence conviction court-of-appeals due-process evidence evidence-authentication evidentiary-standards federal-rule-of-evidence-901(b)(9) federal-rules-of-evidence judicial-procedure |
Did the court of appeals' ratification of the use of computer-generated evidence to convict petitioner represent a clear departure from the requiremen… |
| 23-7441 |
William F. Kaetz v. United States |
Third Circuit |
2024-05-09 |
Dismissed |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process judicial-jurisdiction legislative-history official-duties separation-of-powers standing statutory-interpretation |
Whether the use of legislative history as law, despite this Court's precedents that it is not law, is a separation of powers offense |
| 23-7445 |
Lloyd Kidd v. United States |
Second Circuit |
2024-05-09 |
Denied |
Response WaivedIFP |
appeal criminal-procedure district-court-discretion due-process electronic-evidence jurisdiction motion-to-suppress sufficiency-of-evidence summary-charts venue venue-challenge |
Was there legally insufficient evidence to establish that venue was proper in the Southern District of New York for each count of conviction? |
| 23-7396 |
Francisco Manuel Padilla v. California |
California |
2024-05-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-discretion legal-standard standing superior-court |
Whether the superior court has the authority to debase the constitutional rights of a defendant |
| 23-7415 |
Carlos Gomez v. United States |
Second Circuit |
2024-05-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process jury-instruction jury-instructions pinkerton-liability predicate-offense rosemond-v-united-states statutory-interpretation united-states-v-davis vicarious-liability |
Whether a jury instruction on 18 U.S.C. § 924(c) charge based on invalid or valid predicate prejudiced the Petitioner |
| 23-7425 |
Orlando Bell v. United States |
District of Columbia |
2024-05-08 |
Denied |
Response WaivedIFP |
compulsory-process conflict-of-interest criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment |
Was counsel ineffective in not using compulsory process for obtaining witnesses in the movant's favor? |
| 23-7394 |
Moses Jackson v. Alabama |
Alabama |
2024-05-07 |
Denied |
Relisted (2)IFP |
civil-rights criminal-procedure due-process free-speech standing takings |
Whether the Iban Act violated the Petitioner's constitutional rights |
| 23-7398 |
Jamaal Parker v. United States |
Sixth Circuit |
2024-05-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion new-trial new-trial-standard preservation-of-error reversible-error sentencing sentencing-explanation |
Whether a new criminal trial requires trial error that would have been reversible on appeal |
| 23-7404 |
William Maxwell v. United States |
Third Circuit |
2024-05-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-interpretation criminal-procedure due-process firearm-transfer money-laundering obstruction-of-justice rico-conspiracy wire-fraud |
Whether this case should be granted certiorari for full briefing on issues already decided in Maxwell's favor by this Court or whether a G.V.R. would … |
| 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 |
Is it a violation of appellant's Sixth Amendment constitutional rights for defense counsel to refuse to investigate the evidence and interview witness… |
| 23-7408 |
Melvin Warren Rivers v. United States |
Ninth Circuit |
2024-05-07 |
Denied |
Response WaivedIFP |
appellate-jurisdiction appellate-procedure criminal-procedure federal-rules-of-appellate-procedure final-order judicial-review motion-denial probation probation-revocation procedural-appeal revocation |
Whether the denial of a motion to terminate probation made during a probation revocation hearing but prior to the final revocation hearing is a final … |
| 23-7409 |
Fernando Ramirez v. New York |
New York |
2024-05-07 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure demeanor-observation due-process fair-trial impartiality jury-selection right-to-counsel sixth-amendment voir-dire |
Whether the Constitution requires that a defendant have a simultaneous, unobstructed view of a prospective juror's facial expression to observe their … |
| 23-7387 |
Justin Luis Sanchez v. Florida |
Florida |
2024-05-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7389 |
Brad Evans v. Florida |
Florida |
2024-05-06 |
Denied |
Response WaivedIFP |
access-to-courts appellate-procedure constitutional-rights criminal-procedure due-process equal-protection first-amendment fourteenth-amendment pro-se-litigant pro-se-litigants |
Whether the State of Florida has created rules of criminal and appellate procedure that arbitrarily and unreasonably encroach upon the personal rights… |
| 23-7390 |
In Re Guy Lewis Coulston, Jr. |
|
2024-05-06 |
Denied |
IFP |
criminal-procedure due-process equal-protection exclusionary-rule interrogation-tactics involuntary-confession miranda-rights trespass |
Did Detective trespass on private property and violate Miranda rights and make an Involuntary Confession during Interrogation by ignoring invoking cou… |
| 23-1193 |
Favion Lara v. Nebraska |
Nebraska |
2024-05-06 |
Denied |
Response Waived |
breach-of-agreement criminal-procedure due-process government-breach plea-agreement police prosecutor prosecutorial-promise sentencing |
Where a plea agreement includes the prosecutor's promise that the State will recommend a particular sentence, does a police officer's recommendation o… |
| 23-7379 |
Michael Hebert v. Tim Hooper, Warden |
Fifth Circuit |
2024-05-03 |
Denied |
Response WaivedIFP |
brady-violation constitutional-violations due-process evidence evidence-contamination fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment |
Whether the lower court erred in denying COA on the claim of prosecutorial misconduct |
| 23A983 |
Robert Brumfield, III v. United States |
Fifth Circuit |
2024-05-03 |
Presumed Complete |
|
acquitted-conduct brady-violation criminal-procedure fifth-amendment sentencing-enhancement sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from enhancing a criminal defendant's sentence based on acquitted conduct that could c… |
| 23A975 |
Kwuan Montrell Baker v. United States |
Eleventh Circuit |
2024-05-02 |
Presumed Complete |
|
criminal-procedure evidence-suppression fourth-amendment reasonable-suspicion search-and-seizure traffic-stop |
Whether the Fourth Amendment permits the warrantless search of a vehicle during a traffic stop based on an officer's alleged reasonable suspicion of c… |
| 23-7354 |
Warren Baker v. United States |
Fourth Circuit |
2024-05-02 |
Denied |
Response WaivedIFP |
18-usc-1951(b) 18-usc-924(c) crime-of-violence criminal-procedure federal-criminal-law hobbs-act predicate-offense sentencing-enhancement statutory-interpretation |
Whether Hobbs Act Robbery is a predicate 'crime of violence' for 18 U.S.C. § 924(c) |
| 23-7366 |
Carlos Enrique Navarro-Trevino v. United States |
Fifth Circuit |
2024-05-02 |
Denied |
Response WaivedIFP |
Almendarez-Torres appellate-procedure case-law constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7367 |
John E. Garrett v. Richard Clouse |
Seventh Circuit |
2024-05-02 |
Denied |
Response WaivedIFP |
bail bail-revocation constitutional-rights criminal-procedure due-process eighth-amendment judicial-proceedings liberty liberty-interest standing |
Is notice and a hearing required, prior to depriving one of his liberty pending trial and does said liberty qualify as a substantive and/or procedural… |
| 23-7355 |
Demario Barker v. United States |
Seventh Circuit |
2024-05-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence federal-sentencing-guidelines guideline-calculation hearsay hearsay-statements reliability-standard sentencing sentencing-guidelines |
Whether presumptively unreliable hearsay statements should be permitted in sentencing hearings to substantially increase a Defendant's guideline calcu… |
| 23-7356 |
Jonathan Burnett v. Georgia |
Georgia |
2024-05-01 |
Denied |
Response WaivedIFP |
child-molestation crime-victims criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-selection voir-dire |
Whether trial counsel's failure during voir dire in a child molestation case to explore and investigate whether jurors had been crime victims (directl… |
| 23-7357 |
Jesus Robledo Aguilar v. United States |
Ninth Circuit |
2024-05-01 |
Denied |
Response WaivedIFP |
circuit-split constructive-possession criminal-law criminal-procedure drug-offense drugs firearms safety-valve sentencing sentencing-relief statutory-interpretation |
Does simultaneous constructive possession of drugs and firearms disqualify a defendant for safety-valve-relief |
| 23-1181 |
Gail M. Ritchey v. Ohio |
Ohio |
2024-05-01 |
Denied |
Amici (1) |
autopsy-report confrontation-clause criminal-investigation criminal-procedure evidence hearsay-evidence medical-examiner medical-examiner-testimony sixth-amendment |
Does the admission of an autopsy report and testimony from a doctor who neither participated in the autopsy nor prepared the report violate the Sixth … |
| 23A973 |
Marc Pierre Hall, aka Marc Valeriano v. United States |
Fourth Circuit |
2024-05-01 |
Presumed Complete |
|
appellate-review criminal-procedure federal-rules petition-for-certiorari supreme-court time-extension |
Whether a criminal defendant's request for an extension of time to file a petition for certiorari constitutes a substantive legal challenge to the und… |
| 23A972 |
Benjamin Biancofiori v. United States |
Seventh Circuit |
2024-05-01 |
Presumed Complete |
|
confrontation-clause criminal-procedure evidence-admissibility hearsay-exception sex-trafficking sixth-amendment |
Whether the Sixth Amendment permits the admission of out-of-court narrative evidence describing a defendant's alleged criminal acts against non-testif… |
| 23-7339 |
Philip Shane Young v. Texas |
Texas |
2024-04-30 |
Denied |
IFP |
appeal criminal-procedure deadly-weapon evidence-sufficiency jury-finding jury-instructions standard-of-review sufficiency-of-evidence |
Is the evidence sufficient to sustain the jury's finding that a deadly weapon was used? |
| 23-7341 |
Ronald Leon Thompson v. Colorado |
Colorado |
2024-04-30 |
Denied |
IFP |
appellate-review consent constitutional-error constitutional-interpretation criminal-procedure harmless-error judicial-definition jury-instructions legal-standard trial-court-discretion |
Whether the Court of Appeals erred in finding the trial court's error in failing to define the term consent was constitutional harmless error |
| 23-7342 |
Marlon Jermaine Johnson v. United States |
Sixth Circuit |
2024-04-30 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-conviction criminal-procedure due-process firearm-possession gun-ownership non-violent-felon second-amendment |
Whether petitioner's conviction for being a non-violent felon in possession of a firearm violates the Second Amendment |
| 23-7343 |
Dalevonte D. Hearn v. Illinois |
Illinois |
2024-04-30 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process first-degree-murder ineffective-assistance-of-counsel jury-trial mistrial sentencing trial-rights |
Can an American citizen be punished for exercising the right to a jury trial? |
| 23-7344 |
Richard Arlee Champion v. United States |
Fourth Circuit |
2024-04-30 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance-of-counsel motion-to-vacate plea-bargaining pleading-timing pre-indictment-delay statute-of-limitations |
When determining the timeliness of a motion to vacate pursuant to 28 USC 2255, what pleading determines the relevant pleading when making that determi… |
| 23-7345 |
James Joseph Bryant v. United States |
Eleventh Circuit |
2024-04-30 |
GVR |
IFP |
armed-career-criminal-act categorical-approach circuit-split criminal-procedure due-process judicial-interpretation jury-trial prior-convictions reasonable-doubt sentencing-enhancement |
Whether the elements of a prior conviction can be determined using current judicial interpretations |
| 23-7326 |
Erik Johnson v. Patrick Griffin |
Second Circuit |
2024-04-29 |
Denied |
Response WaivedIFP |
civil-procedure confrontation-clause criminal-procedure due-process evidence hearsay hearsay-evidence missing-witness missing-witness-instruction testimonial-statement |
Whether the admission into evidence of hearsay statements violated petitioner's Confrontation Clause rights |
| 23-7327 |
Zachariah Jay Histed v. United States |
Sixth Circuit |
2024-04-29 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-law criminal-procedure drug-offense federal-sentencing judicial-discretion plea-bargaining sentencing sentencing-guidelines |
Whether a defendant who pleads guilty, admits the substantive elements of the criminal charge, and spares the government the time and expense of a tri… |
| 23-7332 |
Angel De Jesus Castillo-Godoy v. United States |
First Circuit |
2024-04-29 |
Denied |
Response WaivedIFP |
appeal-waiver burden-of-proof criminal-procedure due-process fifth-amendment government-defense jurisdiction opening-brief reply-brief sixth-amendment |
Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-7311 |
Holly Harvey v. Allen Dillis, Warden |
Georgia |
2024-04-26 |
Denied |
IFP |
4th-amendment civil-rights court-filing criminal-procedure due-process employment-history financial-disclosure in-forma-pauperis income-sources poverty-affidavit search-and-seizure standing |
Whether the lower court erred in its application of the Fourth Amendment's prohibition on unreasonable searches and seizures |
| 23-7312 |
James Bennett v. United States |
Eighth Circuit |
2024-04-26 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment |
Whether consideration of acquitted conduct by the District Court in consideration of Bennett's ultimate sentence violates the Due Process Clause of th… |
| 23-7317 |
Michael A. Maggio v. United States |
Eighth Circuit |
2024-04-26 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process federal-statute nunc-pro-tunc plea-bargaining plea-modification post-conviction-relief property-rights statutory-interpretation statutory-limitation supreme-court-ruling |
Should Michael A. Maggio benefit from subsequent rulings of the United States Supreme Court that 18 U.S.C § 666(a)(1)(B) was limited to property right… |
| 23-7319 |
Yudith Reynoso-Hiciano v. United States |
Second Circuit |
2024-04-26 |
Denied |
Response WaivedIFP |
aiding-and-abetting burden-of-proof closing-argument criminal-procedure jury-instructions presumption-of-innocence reasonable-doubt |
Whether repeatedly arguing in closing that the defendant 'needed the jury to believe' certain things impermissibly shifted the burden of proof and evi… |
| 23A963 |
Jovan Marquis Harris v. United States |
Eighth Circuit |
2024-04-26 |
Presumed Complete |
|
bureau-of-prisons criminal-procedure eighth-circuit federal-inmate petition-for-certiorari pro-se |
Whether the Eighth Circuit's judgment in a criminal case involving a pro se federal inmate improperly applied legal standards in reviewing the petitio… |
| 23-7306 |
Ronnie Y. Conrad v. Rob St. Andre, Warden |
Ninth Circuit |
2024-04-25 |
Denied |
IFP |
6th-amendment conflict-of-interest criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel presumption-of-prejudice prosecutorial-misconduct retroactivity sixth-amendment |
Whether the presumption of prejudice applies to conflict-of-counsel claims when the defense attorney is being prosecuted by the same agency prosecutin… |
| 23-7307 |
Silvano Marroquin-Bravo v. United States |
Fifth Circuit |
2024-04-25 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7297 |
Marcus Bennett v. United States |
Sixth Circuit |
2024-04-24 |
Denied |
Response WaivedIFP |
appellate-review control controlled-substances criminal-procedure drug-house drug-house-enhancement federal-appellate-courts possessory-interest sentencing-enhancement sentencing-guidelines sixth-circuit |
Whether the drug-house sentencing enhancement applies with no evidence that the defendant maintained, held a possessory interest in, or otherwise cont… |
| 23-7298 |
Jonathan Wayne Daniels v. United States |
Eleventh Circuit |
2024-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process eyewitness-identification hobbs-act-robbery jury-instruction jury-instructions suggestive-identification suggestive-procedure third-circuit |
Whether petitioner's jury was adequately 'warn[ed] to take care in appraising identification evidence,' in accordance with due process, where his jury… |
| 23-7300 |
Juan Francisco Turcios v. Texas |
Texas |
2024-04-24 |
Denied |
Relisted (2)IFP |
appeals constitutional-rights criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargain sentencing |
Whether the trial court erred by sentencing the petitioner to 20 years despite a plea bargain agreement for a maximum of 10 years |
| 23-1155 |
Priscilla Villarreal v. Isidro R. Alaniz, et al. |
Fifth Circuit |
2024-04-24 |
GVR |
Amici (13)Response RequestedResponse WaivedRelisted (2) |
arrest-without-cause civil-rights criminal-procedure first-amendment free-speech government-officials news-reporting public-officials qualified-immunity |
whether-it-obviously-violates-the-first-amendment-to-arrest-someone-for-asking-government-officials-questions-and-publishing-the-information-they-volu… |
| 23-1146 |
Jade Joseph Nickels v. Drew Evans, Superintendent, Bureau of Criminal Apprehension |
Minnesota |
2024-04-23 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
civil-rights constitutional-rights criminal-penalty criminal-procedure due-process due-process-clause liberty-interest personal-information-disclosure sex-offender-registration stigma |
Whether a registration scheme that requires a person to provide detailed information about every aspect of his life, where failing to provide the info… |
| 23-7286 |
Francis Arthur v. United States |
Fourth Circuit |
2024-04-23 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation criminal-procedure deportation due-process exculpatory-evidence fourth-circuit material-witness motion-to-dismiss witness-deportation |
Whether the Fourth Circuit erred in affirming the district court's denial of Arthur's motion to dismiss the indictment |
| 23-7294 |
Robert Cota, Jr. v. United States |
Ninth Circuit |
2024-04-23 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidentiary-hearing fifth-amendment habeas-corpus shackles shackling |
Whether the Ninth Circuit violated §2255(b) by failing to require an evidentiary hearing and, in doing so, failed to protect the defendant's Fifth Ame… |
| 23-7295 |
Glen Taylor Helzer v. California |
California |
2024-04-23 |
Denied |
IFP |
criminal-procedure evidence exigent-circumstances fourth-amendment plain-view-doctrine probable-cause search-and-seizure warrant-requirement warrant-scope |
Does the plain view doctrine apply where police enter and seize a home under a warrant to search for evidence of specified crimes, and forego getting … |
| 23-7296 |
George E. Lacey v. Illinois |
Illinois |
2024-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance joinder right-to-counsel status-charges |
Whether the joinder of status charges with non-status charges denies criminal defendants the right to a fair trial |
| 23-7283 |
Hector Manuel Gomez Rodriguez v. United States |
Ninth Circuit |
2024-04-22 |
Denied |
Response WaivedRelisted (2)IFP |
21-usc-841 constitutional-scrutiny criminal-procedure cruel-and-unusual-punishment eighth-amendment mandatory-minimum mandatory-minimum-sentences non-capital-sentences proportionality-review sentencing |
Whether the Ninth Circuit contravened Harmelin's plurality and Ewing by exempting all sentences imposed under 21 U.S.C. § 841(b)(1)(A)(vii) from Eight… |
| 23-7260 |
Mark R. Zana v. Nevada |
Nevada |
2024-04-19 |
Denied |
Response WaivedIFP |
collateral-review constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment habeas-corpus ninth-circuit post-conviction retroactivity statutory-interpretation |
Whether Petitioner's conviction and continued incarceration under Nevada Revised Statute 207.010 violates the due process clause of the Federal Consti… |
| 23-7262 |
Eric D. Sweet v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-04-19 |
Denied |
Relisted (2)IFP |
appeal conviction-review criminal-appeal criminal-procedure due-process florida-supreme-court fundamental-error ineffective-assistance-of-counsel legal-timeliness post-conviction-relief standard-of-review statutory-time-limit |
whether-the-tolling-statute-for-filing-a-timely-post-conviction-review-was-properly-applied |
| 23-7265 |
Nicholas Stewart Hines v. South Dakota |
South Dakota |
2024-04-19 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-considerations sixth-amendment |
Whether acquitted conduct or dismissed conduct pursuant to a plea can be argued and considered at sentencing |
| 23-7266 |
Nathaniel O. Robinson v. Louisiana |
Louisiana |
2024-04-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure direct-review fourteenth-amendment griffin-v-kentucky jury-unanimity ramos-v-louisiana sixth-amendment state-proceedings |
Whether a conviction can be obtained, in light of Ramos v. Louisiana holding that the Sixth Amendment requires a unanimous jury to convict, when the r… |
| 23-7268 |
Pikerson Mentor v. United States |
Eleventh Circuit |
2024-04-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-split constitutional-claim criminal-procedure due-process johnson-v-united-states procedural-default statutory-interpretation vagueness vagueness-challenge |
Whether Mr. Mentor established cause to overcome procedural default of his 'ordinary-case' vagueness challenge |
| 23-7269 |
Willis Maxi v. United States |
Eleventh Circuit |
2024-04-19 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure exclusionary-rule probable-cause qualified-immunity search-and-seizure |
Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 23-7270 |
Mark Johnson v. New York |
New York |
2024-04-19 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process free-speech habeas-corpus legal-representation sexual-assault standing victim-rights |
Whether the district court erred in denying the petitioner's motion to vacate the conviction and sentence based on the alleged ineffective assistance … |
| 23-7272 |
Matthew Michael Albritton v. Florida |
Florida |
2024-04-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23A941 |
Rafael Cardona, Sr. v. United States |
First Circuit |
2024-04-19 |
Presumed Complete |
|
circuit-split criminal-procedure forfeiture plain-error rule-12b8 waiver |
Whether a failure to raise a Rule 12(b)(8) issue in the district court results in waiver or forfeiture, and thus whether the issue is unreviewable or … |
| 23-7250 |
Rian Waters v. Aidan Kearney |
Massachusetts |
2024-04-18 |
Denied |
IFP |
civil-rights constitutional-rights criminal-complaint criminal-procedure due-process judicial-discretion obstruction-of-justice standing state-prosecution witness-intimidation |
Standing-to-appeal-criminal-complaint |
| 23-7251 |
In Re Raynada Jones |
|
2024-04-18 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure due-process felony-murder jurisdiction magistrate probable-cause subject-matter-jurisdiction |
Whether petitioner is in custody in violation of the Constitution or laws or treaties of the United States |
| 23-7255 |
Andrew Horace v. MD Now Medical Centers, Inc. |
Eleventh Circuit |
2024-04-18 |
Denied |
Response WaivedIFP |
11th-circuit civil-rights dismissal-standard due-process evidence federal-procedure medical-battery pleading pleading-standards standing twombly-doctrine |
Whether Horace forfeited his argument in the District Court's error in granting MD Now's motion to dismiss without considering medical records and exp… |
| 23-7256 |
John Pedelahore v. United States |
Fifth Circuit |
2024-04-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion due-process eighth-amendment federal-sentencing sentencing sentencing-guidelines substantive-reasonableness supervised-release |
Whether the district court erred by ordering Mr. Pedelahore to serve 30 months in prison for nonviolent supervised release violations when the recomme… |
| 23-7257 |
Gavin G. Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-04-18 |
Denied |
IFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-notice premeditated-murder self-defense use-of-force witness-testimony |
Whether the jury used unreasonable facts to prove a premeditated design |
| 23-1131 |
Marcus Traylor v. Gideon Yorka |
Fifth Circuit |
2024-04-18 |
Denied |
Response Waived |
circuit-split civil-rights criminal-procedure due-process evidence-fabrication fabrication-of-evidence felony fourteenth-amendment misdemeanor qualified-immunity |
Whether fabrication of evidence for misdemeanor charges violates due process |
| 23-7240 |
In Re Patrick Christian |
|
2024-04-17 |
Dismissed |
Response WaivedIFP |
asylum-law civil-rights constitutional-law constitutional-rights criminal-law criminal-procedure discrimination due-process equal-protection hate-crimes statutory-interpretation systemic-racism |
When did raping, kidnapping, and murdering an American Voters family for being a Heterosexual become Law, and how can Constitutional Officers sanction… |
| 23-7242 |
Juan Avendano v. Illinois |
Illinois |
2024-04-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-indictment criminal-procedure double-jeopardy due-process fifth-amendment jury-instructions jury-verdict statutory-interpretation statutory-offense |
Whether a defendant's rights under the Double Jeopardy Clause are violated by multiple, factually identical counts of the same statutory offense using… |
| 23-7243 |
Nathaniel Blayn Becker v. United States |
Fourth Circuit |
2024-04-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process explosive-devices mental-illness obstruction-of-justice psychotic-disorder right-to-testify sentencing-enhancement trial-testimony |
Whether the obstruction of justice enhancement for 'false' trial testimony by the defendant violates the right to testify when the court did not make … |
| 23-7244 |
Clarence F. Stephenson v. Florida |
Florida |
2024-04-17 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure criminal-trial fourteenth-amendment jury-composition jury-trial life-felony sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony? |
| 23-7245 |
Dustin Jay Harpel v. Florida |
Florida |
2024-04-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7246 |
Harold Stewart v. Florida |
Florida |
2024-04-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7248 |
Hector Negron-Espada v. Florida |
Florida |
2024-04-17 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7239 |
Bertrand Laidler, Jr. v. Florida |
Florida |
2024-04-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23A921 |
Carmen Difilippantonio v. Arizona |
Arizona |
2024-04-16 |
Presumed Complete |
|
criminal-procedure due-process federal-habeas ineffective-assistance post-conviction state-court-review |
Whether a state court's denial of a post-conviction review petition without addressing substantive claims of legal error violates a criminal defendant… |
| 23A919 |
Jurgen Marku v. Florida |
Florida |
2024-04-15 |
Presumed Complete |
|
appellate-review conviction-challenge criminal-procedure due-process florida-state-court writ-of-certiorari |
Whether the Florida Fifth District Court of Appeal's decision affirming Marku's convictions violated his constitutional due process rights or was othe… |
| 23-7223 |
Daquan Doral Carter v. United States |
Fourth Circuit |
2024-04-15 |
Denied |
Response WaivedIFP |
appeal-waiver arraignment criminal-procedure district-court due-process merits-review plea-agreement plea-bargaining rule-11 sentencing |
Can the Government invoke an appeal waiver to preclude merits review of an appeal when the district court failed to specifically question the defendan… |
| 23-7226 |
Michael Lee Villamonte v. United States |
Ninth Circuit |
2024-04-15 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-waiver circuit-split criminal-procedure due-process federal-courts miscarriage-of-justice plea-agreement plea-bargaining |
Did the Ninth Circuit's disposition of Petitioner's request to recognize a miscarriage of justice exception to the appellate waiver doctrine conflict … |
| 23-1114 |
Charles R. Hays v. United States |
Seventh Circuit |
2024-04-15 |
Denied |
Response Waived |
automobile-exception contraband criminal-procedure fourth-amendment law-enforcement passenger probable-cause search search-and-seizure |
Whether law enforcement has probable cause under the Fourth Amendment's automobile exception to search a driver's vehicle based on a passenger's perso… |
| 23-1110 |
Gerald S. Ostipow, Individually and as Personal Representative of the Estate of Royetta L. Ostipow v. William L. Federspiel |
Sixth Circuit |
2024-04-12 |
Denied |
|
civil-procedure civil-rights criminal-investigation criminal-procedure due-process fifth-amendment just-compensation property-rights property-seizure taking takings |
Does the non-return and indefinite retention of non-forfeited private property (or its monetary equivalent), when initially seized for a criminal inve… |
| 23-7200 |
Willie Johnson v. Kenneth Nelson, Warden |
Fourth Circuit |
2024-04-11 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-provision criminal-procedure due-process equal-protection jurisdiction legal-review petition sentencing statutory-provision writ |
Whether the South Carolina District Court erred in denying the petitioner's motion to vacate their conviction with respect to the alleged civil rights… |
| 23-7204 |
Sean L. Hagins v. United States |
Third Circuit |
2024-04-11 |
Denied |
Response WaivedIFP |
constitutional-violation court-discretion criminal-procedure defense-counsel-ineffectiveness habeas-corpus illegal-sentence ineffective-assistance-of-counsel plain-error plain-error-review pro-se pro-se-litigation sentencing |
Did the lower court have the obligation to correct an illegal sentence, brought to its attention, regardless of the passage of time? |
| 23-7207 |
Dwayne K. Taylor v. Illinois |
Illinois |
2024-04-11 |
Denied |
Response WaivedIFP |
constitutional-defect criminal-conviction criminal-procedure double-jeopardy due-process habeas-corpus jury-instructions necessity self-defense sentencing sentencing-enhancement |
Whether the trial Court Committed reversible error in denying the defendant's request for jury instructions on self-defense and necessity, even though… |
| 23-7172 |
JB Nicholas v. Judy A. Camuso, Commissioner, Maine Department of Inland Fisheries & Wildlife |
First Circuit |
2024-04-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burford-abstention civil-rights due-process evidence first-amendment government-restrictions judicial-review occupational-liberty rational-basis |
Should the Court require Government-imposed restrictions on the 809-year-old personal right to occupational liberty, long-recognized by this Court as … |
| 23-7176 |
Albert Enrique Narvaez v. Florida |
Florida |
2024-04-10 |
Denied |
Response WaivedIFP |
constitutional-burden counterfactual-analysis criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-review plea-bargaining presumption-of-acceptability prosecutorial-discretion |
Does Missouri v. Frye place an unreasonable burden on defendants? |
| 23-1100 |
Albert Jones v. California |
California |
2024-04-10 |
Denied |
Response Waived |
5th-amendment civil-rights criminal-procedure defendant-rights doyle-v-ohio due-process miranda-warning post-miranda right-to-silence selective-invocation |
Do the protections of Doyle v. Ohio apply when a defendant selectively invokes his right to remain silent? |
| 23A907 |
Wilfred H. v. Josh Ward, Interim Superintendent, Mount Olive Correctional Complex |
West Virginia |
2024-04-10 |
Presumed Complete |
|
carbon-copy-indictment constitutional-protections criminal-procedure double-jeopardy due-process sixth-amendment |
Whether a state violates a defendant's due process and double jeopardy rights by charging and convicting a defendant on multiple, identically worded c… |
| 23A909 |
Bruce Rowan v. Brian Emig, Warden, James T. Vaughn Correctional Center, et al. |
Third Circuit |
2024-04-10 |
Presumed Complete |
|
bail-conditions criminal-intent criminal-procedure intentional-violation no-contact-order statutory-interpretation |
Whether a criminal defendant's mistaken belief that a no-contact order was discharged can negate the intentional element of a bail condition violation |
| 23-1096 |
William Allen Davis v. Colorado |
Colorado |
2024-04-09 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (3) |
affluent-defendants appointed-counsel constitutional-rights continuity-of-representation criminal-procedure indigent-defendant indigent-defendants lower-court-split right-to-counsel sixth-amendment |
Whether indigent defendants have the same Sixth Amendment right to continuity of counsel as affluent defendants |
| 23-7174 |
Richard Lee David Brown v. United States |
Eighth Circuit |
2024-04-09 |
Denied |
IFP |
appellate-review constitutional-challenge criminal-procedure defense-instruction drug-convictions due-process evidence jury-instructions plain-error prior-convictions propensity-evidence |
Whether the admission of prior drug convictions constitutes impermissible propensity |
| 23-7175 |
Philip Ayala v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2024-04-09 |
Denied |
Response WaivedIFP |
capital-case criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health-records |
Whether the district court erred in granting habeas relief on the petitioner's claim of ineffective assistance of counsel for failure to obtain mental… |
| 23-7180 |
Gary Wayne Warner v. Texas |
Texas |
2024-04-09 |
Denied |
IFP |
actual-innocence criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice newly-discovered-evidence plea-bargaining plea-package state-law-ground |
Whether Texas Court of Criminal Appeal's is applying Sec.4 {TCCP Art.11.07] as adequate & independent state law ground |
| 23-7182 |
Jonathan Wray v. United States |
Fourth Circuit |
2024-04-09 |
Denied |
Response WaivedIFP |
apprendi apprendi-rule civil-rights criminal-procedure due-process jury-determination predicate-act rico rico-conspiracy sentencing sentencing-enhancement |
Does this Court's decision in Apprendi v. New Jersey require that the Government prove beyond a reasonable doubt to a jury that there is a nexus betwe… |
| 23-7184 |
Daniel Paul Sansone v. United States |
First Circuit |
2024-04-09 |
Denied |
Response WaivedIFP |
confinement confinement-period criminal-procedure criminal-sentencing detention-calculation juvenile-commitment legal-interpretation sentencing-guidelines statutory-interpretation u.s.-sentencing-guidelines |
Whether an indeterminate juvenile commitment is properly counted as a period of confinement of at least sixty days under the U.S. Sentencing Guideline… |
| 23-7156 |
Robert Shields v. United States |
Sixth Circuit |
2024-04-08 |
Denied |
Response WaivedIFP |
chain-of-custody chemical-identity constitutional-rights criminal-law criminal-procedure drug-distribution due-process evidence evidence-standard |
Does the Constitutional right to due process of law require some evidence that a drug that resulted in death was chemically identical to the drug a De… |
| 23-7162 |
James Hodge v. Florida |
Florida |
2024-04-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7165 |
Emiliano Emmanuel Flores-González v. United States |
First Circuit |
2024-04-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
article-iii article-iii-jurisdiction circuit-court-procedure criminal-procedure due-process en-banc en-banc-procedure judicial-review sentencing sentencing-review statutory-interpretation |
Did the court's fealty to ministerial en banc procedures justify abdication of its constitutional and statutory obligations to adjudicate an as-of-rig… |
| 23-1091 |
Call-A-Head Portable Toilets, Inc., et al. v. New York State Department of Environmental Conservation, et al. |
New York |
2024-04-08 |
Denied |
Response Waived |
administrative-law administrative-proceeding confrontation-clause criminal-procedure due-process evidence sixth-amendment witness-testimony |
Do the accused in State administrative proceedings have a Sixth Amendment right to confront and cross-examine witnesses whose written testimony serves… |
| 23-7142 |
Elizabeth A. Ramsey v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-04-05 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process fair-trial judicial-review legal-rights presumption-of-innocence standing |
Whether the petitioner's constitutional rights were violated by the court's refusal to allow him to present evidence and witnesses in his defense |
| 23-7146 |
Antonio Ochoa-Leyva v. United States |
Fifth Circuit |
2024-04-05 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-7147 |
Margarito Cruz-Ramirez v. United States |
Fifth Circuit |
2024-04-05 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7150 |
Elana Gordon v. Massachusetts |
Massachusetts |
2024-04-05 |
GVR |
Response RequestedResponse WaivedRelisted (4)IFP |
confrontation-clause criminal-procedure criminal-trial expert-testimony expert-witness forensic-evidence forensic-testimony right-to-counsel sixth-amendment trial-counsel |
Whether the Confrontation Clause permits the prosecution to present testimony by a substitute forensic expert conveying testimonial statements of a no… |
| 23-7152 |
Sean Burton v. Pennsylvania |
Pennsylvania |
2024-04-05 |
Denied |
IFP |
brady-rule constitutional-rights criminal-procedure due-process evidence exculpatory-evidence government-misconduct post-conviction-relief right-to-a-fair-trial |
whether-the-commonwealth-of-pennsylvania-violated-the-brady-rule |
| 23-7136 |
Michael Dewayne Smith v. Oklahoma |
Oklahoma |
2024-04-04 |
Denied |
IFP |
confession confession-corroboration constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial false-testimony murder-conviction perjured-testimony |
Whether Mr. Smith's first degree murder convictions and sentence of death are unreliable and in violation of his constitutional rights to due process … |
| 23-7143 |
Armando Ordonez-Dominguez v. United States |
Fifth Circuit |
2024-04-04 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-7120 |
Chaviz Wofford v. Illinois |
Illinois |
2024-04-02 |
Denied |
IFP |
case-statement constitutional-provisions criminal-procedure due-process ineffective-assistance-of-counsel jurisdiction opinions plea-bargaining prosecutorial-misconduct sentencing statutory-provisions writ-of-certiorari |
Was defendant's plea bargain destroyed by coercive conduct of prosecutor |
| 23-7124 |
Naftali Dominguez Zenon v. Florida |
Florida |
2024-04-02 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure eighth-amendment fourteenth-amendment jury-composition jury-trial life-felony life-without-parole sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony? |
| 23-7126 |
Alberto Perez v. United States |
Ninth Circuit |
2024-04-02 |
Denied |
Response WaivedIFP |
arbitrary-sentences criminal-procedure criminal-sentencing drug-offenses due-process judicial-discretion methamphetamine methamphetamine-distribution sentencing-guidelines sentencing-standards |
Does the district court's blind reliance upon United States Sentencing Guideline § 2D1.1(c)(1)'s draconian base offense level of 38 for distribution o… |
| 23A880 |
Dylan Gregory Kerstetter v. United States |
Fifth Circuit |
2024-04-02 |
Presumed Complete |
|
certiorari criminal-procedure deadline-extension fifth-circuit jurisdictional-requirements supreme-court-rules |
Whether a criminal defendant may obtain an extension of time to file a petition for writ of certiorari beyond the standard 90-day deadline under Supre… |
| 23-7115 |
Timothy D. Hinkle v. Kentucky |
Kentucky |
2024-04-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process hearsay hearsay-rule jury-instructions prosecutorial-misconduct sexual-assault witness-credibility |
Did the courts allow the petitioner to have a fair and impartial trial? |
| 23-7116 |
Ricky L. Reese v. Oklahoma |
Oklahoma |
2024-04-01 |
Denied |
IFP |
competency constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review sentencing-error statute-of-limitations |
Does a person who is convicted have the right to judicial review from the courts even if they did not file within one year of their sentence becoming … |
| 23-7105 |
Katherine Barrett v. Kentucky |
Kentucky |
2024-03-29 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process home-incarceration jail-credit jury-instructions presumption-of-innocence prosecutorial-misconduct |
Did the prosecutor's statement to the jury that the presumption of innocence is gone constitute flagrant misconduct? |
| 23-7107 |
Brock Melancon v. United States |
Fifth Circuit |
2024-03-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing deference judicial-deference kisor-v-wilkie sentencing-guidelines statutory-interpretation u.s.-sentencing-commission |
Does this Court's decision in Kisor v. Wilkie govern the extent to which district courts may defer to the U.S. Sentencing Commission's commentary to t… |
| 23-7109 |
Edgar Garcia-Heredia v. United States |
Fifth Circuit |
2024-03-29 |
Denied |
Response WaivedIFP |
Almendarez-Torres constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit judicial-procedure jury-trial precedent-overruling recidivism sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7093 |
Jeremy J. Quinn, Jr. v. Ohio |
Ohio |
2024-03-28 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-statute state-courts |
Whether a state court's imposition of a criminal sentence that violates the defendant's due process rights and constitutes cruel and unusual punishmen… |
| 23-7097 |
Travis C. Crosby v. United States |
Eleventh Circuit |
2024-03-28 |
Denied |
Response WaivedIFP |
conspiracy criminal-evidence criminal-procedure due-process eleventh-circuit evidence fraud fraud-charges ppp-loans relevant-conduct rule-404b sentencing |
Whether the Eleventh Circuit erred in admitting Rule 404(b) evidence of unrelated PPP loan fraud, |
| 23-7087 |
Natasha Bates, aka Tasha Bates v. Tennessee |
Tennessee |
2024-03-27 |
Denied |
IFP |
4th-amendment 6th-amendment criminal-procedure evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment |
Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief due to introduction of evidence from a warrantless… |
| 23-7089 |
Steven L. Lewis v. Mississippi |
Mississippi |
2024-03-27 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-law criminal-procedure double-jeopardy due-process improper-venue mistrial retrial speedy-trial venue |
Whether the Constitution permits the retrial of a defendant following a trial in an improper venue |
| 23-7075 |
Breon D. Hicks v. United States |
Eleventh Circuit |
2024-03-26 |
Denied |
Response WaivedIFP |
controlled-substance controlled-substances criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions section-924(c) section-924c unlawful-user |
Whether the district court erroneously instructed the jury concerning the Section 924(c) charges? |
| 23-7078 |
Jeffery Wayne Taylor v. United States |
Eighth Circuit |
2024-03-26 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure criminal-trial cross-examination due-process evidence first-step-act out-of-court-statements sixth-amendment |
Is it a violation of the Confrontation Clause when an out-of-court statement connecting the defendant to the crime is admitted during trial, making it… |
| 23-1055 |
Jeremy Alan Douglass v. Arizona |
Arizona |
2024-03-26 |
Denied |
Response Waived |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief right-to-counsel sixth-amendment substance-abuse |
Whether evidence of a defense attorney's impairment due to substance abuse discovered after the first petition for post-conviction relief was decided … |
| 23-7067 |
In Re Timothy Stratton |
|
2024-03-25 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus judicial-procedure legal-documents plea-bargaining post-conviction-review sentencing |
Whether a defendant may be charged to find guilty where all of the necessary elements of a crime are not included in the jury's charge |
| 23-7068 |
Jabari J. Johnson v. Jill Brady, et al. |
Tenth Circuit |
2024-03-25 |
Dismissed |
IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-review legal-counsel post-conviction right-to-counsel standing |
Whether the state court erred in denying petitioner's request for a hearing on his 35C01 post-conviction claim |
| 23-7069 |
Jesse R. Redmond, Jr. v. District of Columbia |
District of Columbia |
2024-03-25 |
Denied |
IFP |
4th-amendment constitutional-rights court-of-appeals criminal-procedure due-process fourth-amendment jurisdiction precedent rule-4 rule-4a |
Whether the District of Columbia Court of Appeals fails to apply the law in the precedent set by the United States Supreme Court pursuant to Criminal … |
| 23-7044 |
Melanie A. Ogle v. Hocking County Common Pleas Court, et al. |
Ohio |
2024-03-22 |
Denied |
Response WaivedIFP |
constitutional-authority criminal-procedure criminal-sentencing due-process personal-jurisdiction right-to-counsel sixth-amendment subject-matter-jurisdiction void-conviction |
Absence-of-counsel,Sixth-Amendment,Sentencing,Personal-jurisdiction,Subject-matter-jurisdiction,Void-sentence |
| 23-7055 |
Jacob Lyon v. United States |
Fifth Circuit |
2024-03-22 |
Denied |
Response WaivedIFP |
18-usc-922g constitutional-challenge criminal-procedure second-amendment sentencing sentencing-enhancement statutory-interpretation united-states-v-rahimi waiver |
Whether an objection to a sentencing enhancement waives all other grounds for the enhancement |
| 23-7057 |
Sammy Tinnin v. Indiana |
Indiana |
2024-03-22 |
Dismissed |
Response WaivedIFP |
criminal-procedure due-process evidence fair-trial fourteenth-amendment sixth-amendment |
Whether the admission of evidence that is not supported by the record deprives a defendant of their Sixth and Fourteenth Amendment right to a fair tri… |
| 23-7058 |
James E. Palmer v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-03-22 |
Denied |
Response WaivedIFP |
aedpa civil-rights constitutional-rights criminal-procedure due-process equitable-tolling evidence-standard habeas-corpus ineffective-assistance state-remedies |
Whether the denial of a state prisoner's constitutional right to the writ of habeas corpus permits equitable tolling of the AEDPA statute of limitatio… |
| 23-7060 |
Marcus D. Ford v. David Buss, Warden |
Tenth Circuit |
2024-03-22 |
Denied |
IFP |
congressional-authority criminal-jurisdiction criminal-law criminal-procedure indian-civil-rights-act indian-territory oklahoma organic-act state-law tribal-sovereignty |
Did Congress establish state laws or certain general laws for Indian Territory Oklahoma? |
| 23-7063 |
Ryan P. Givey v. Department of Justice, et al. |
Third Circuit |
2024-03-22 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-complaint criminal-procedure due-process first-amendment government-accountability petition-clause standing |
Can the Department of Justice refuse to take a criminal complaint of federal crimes from Givey? |
| 23-1050 |
Luis Sanchez, et al. v. United States |
Eleventh Circuit |
2024-03-22 |
Denied |
Amici (4)Response RequestedResponse WaivedRelisted (2) |
amendment circuit-split civil-forfeiture criminal-procedure due-process forfeiture pleading pleading-deficiency statutory-interpretation |
Whether a timely-filed 21 U.S.C. § 853(n) petition may be amended to cure a pleading deficiency after the 30-day filing period has run |
| 23-1044 |
Juan Balderas v. Texas |
Texas |
2024-03-21 |
Denied |
|
abuse-of-writ brady-violation competency-to-stand-trial constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance judicial-review |
Whether the Texas Court of Criminal Appeals' summary dismissal of Juan Balderas's subsequent habeas petition violated due process |
| 23-7046 |
Pamela Kathryn Conley v. United States |
Tenth Circuit |
2024-03-21 |
Denied |
Response WaivedIFP |
aggravated-identity-theft bank-fraud circuit-court concurring-opinion criminal-law criminal-procedure loan-documentation signature-forgery statutory-interpretation |
Whether a defendant's forging of a signature of a bank employee on a lien release, used as supporting documentation for a bank loan in the defendant's… |
| 23-7047 |
Renaire Roshique Lewis, Jr. v. United States |
Fourth Circuit |
2024-03-21 |
Denied |
Response WaivedIFP |
coconspirator-hearsay counsel criminal-procedure due-process evidence federal-rules-of-evidence fifth-amendment miranda-warnings right-to-counsel |
Whether the presence of counsel obviates the need for Miranda warnings |
| 23-7049 |
Daniel Arsenio Rodgers v. United States |
Eighth Circuit |
2024-03-21 |
Denied |
Response WaivedIFP |
crime-lab criminal-procedure enhancement evidence-interpretation firearms naked-eye sentencing-guidelines serial-number visible |
Whether the district court erred in applying a four-level enhancement under the U.S. Sentencing Guidelines for 'altered or obliterated' serial number,… |
| 23-7050 |
David Phillip Ryan v. Florida |
Florida |
2024-03-21 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-interpretation criminal-procedure due-process fourteenth-amendment jury jury-composition jury-trial sixth-amendment standing |
Whether the jury guaranteed by the Sixth and Fourteenth Amendments is a 12-person jury? |
| 23-7035 |
Anderson Garcia v. United States |
Second Circuit |
2024-03-20 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing |
Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowi… |
| 23-7037 |
Billy Joe King v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-20 |
Denied |
IFP |
appellate-jurisdiction burden-of-proof civil-procedure competency-hearing constitutional-rights criminal-procedure due-process evidence-admissibility judicial-review mental-capacity standing |
Whether the petitioner has met the burden of proof to establish his mental incompetence and entitlement to a competency hearing |
| 23-7023 |
Johnny Mack Sketo Calhoun v. Florida |
Florida |
2024-03-19 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process evidence-law federal-constitution florida-law state-criminal-law third-party-confession third-party-confessions |
Does the manner in which Florida deals with third party confessions violate defendant's rights under the Due Process Clause of the Federal Constitutio… |
| 23-7029 |
Byron James Shepard v. Oklahoma |
Oklahoma |
2024-03-19 |
Denied |
IFP |
aggravating-circumstance aggravating-factors capital-punishment capital-sentencing criminal-procedure death-penalty eighth-amendment fourteenth-amendment jury-discretion |
Does Oklahoma's continuing threat aggravating circumstance violate this Court's capital sentencing jurisprudence and the Eighth and Fourteenth Amendme… |
| 23-7033 |
Donte Taylor v. California |
California |
2024-03-19 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus sentencing |
Why was my 8th amendment denied? |
| 23-1036 |
Robert John Dodd v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-03-19 |
Denied |
|
constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Whether trial counsel was ineffective for failing to object on Double Jeopardy grounds to nine identical carbon copy indictments |
| 23A847 |
Richard Alan Costanzo v. United States |
Fourth Circuit |
2024-03-19 |
Presumed Complete |
|
abuse-of-discretion confrontation-rights criminal-procedure federal-rule hearsay-evidence probation-revocation |
Whether a district court's admission of hearsay evidence in a probation revocation hearing violates a defendant's confrontation rights under Federal R… |
| 23-1020 |
Utah v. Alfonso Valdez |
Utah |
2024-03-18 |
Denied |
Amici (1) |
cellphone cellphone-privacy criminal-procedure fifth-amendment foregone-conclusion passcode self-incrimination testimonial testimonial-communication |
Whether disclosing a cellphone passcode with no substantive meaning is testimonial under the Fifth Amendment |
| 23-1022 |
Nancy Martin v. United States |
Tenth Circuit |
2024-03-18 |
Denied |
Amici (1) |
appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining |
Whether a plea agreement's appeal waiver can bar a defendant from pursuing a claim that the plea rested on an inadequate factual basis |
| 23-7008 |
Lawrence Martin v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2024-03-18 |
Denied |
Response WaivedIFP |
6th-amendment brady-violation civil-rights criminal-procedure due-process exculpatory-evidence federal-court new-trial relief trial-rights |
Was Martin entitled to production of documents, did a Brady violation occur when favorable material evidence was withheld/discarded, was Martin entitl… |
| 23-7016 |
Gregory Chatten Stockman v. California |
California |
2024-03-18 |
Denied |
IFP |
appellate-procedure civil-procedure constitutional-review criminal-procedure due-process evidence judicial-interpretation patent-infringement patent-licensing standing state-court-review |
Whether the terms and conditions of a patent license agreement are admissible as evidence in a patent infringement case |
| 23-6983 |
Christopher James Michelotti v. Austin Knudsen, Attorney General of Montana |
Ninth Circuit |
2024-03-15 |
Denied |
Response WaivedIFP |
5th-amendment brady-v-maryland civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process ineffective-assistance jury-trial prejudicial-evidence sixth-amendment |
Were Christopher Mh cheloth's 5th amendment constitutional rights violated? |
| 23-6991 |
Spencer P. Peace v. Wisconsin |
Wisconsin |
2024-03-15 |
Denied |
Response WaivedIFP |
common-law constitutional-law constitutional-rights criminal-procedure due-process judicial-precedent sixth-amendment speedy-trial |
Should this Court overturn Barker v. Wingo? |
| 23-6999 |
Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-03-15 |
Denied |
IFP |
constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy |
Is it permissible for counsel to unilaterally concede the actual charge act of the offense when guilt and punishment is the sole issue for the jury? |
| 23-7000 |
Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection fifth-circuit-review ineffective-assistance-of-counsel jury-bias sex-crimes sixth-amendment |
Does a criminal defendant charged with sex-crimes have the same Constitutional rights as a defendant charged with non-sex-crimes? |
| 23-7002 |
Ayoob Wali v. United States |
Fifth Circuit |
2024-03-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-courts federal-criminal-law miscarriage-of-justice plea-agreement plea-bargaining sentencing waiver-of-appeal |
Should the court of appeals recognize a miscarriage-of-justice exception to a waiver-of-appeal provision in a federal criminal defendant's plea agreem… |
| 23-7003 |
Kenneth Malik Wise v. United States |
Fourth Circuit |
2024-03-15 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process fourth-circuit knowingly-waived plea-agreement sentencing sentencing-argument |
Did the United States Court of Appeals for the Fourth Circuit err by concluding that Appellant Kenneth Malik Wise knowingly and voluntarily waived his… |
| 23-7004 |
Noel Vincent Thomas v. Florida Department of Highway Safety and Motor Vehicles |
Florida |
2024-03-15 |
Denied |
Response WaivedIFP |
civil-procedure claim-dismissal discovery-process dismissal due-process evidence evidence-standard judicial-review pleading-sufficiency pleadings standing trial-court-discretion |
Whether the Trial Court erred in dismissing Petitioner's claim |
| 23A842 |
Quentin Freeman v. Daniel Deas |
Fourth Circuit |
2024-03-15 |
Presumed Complete |
|
appellate-review certiorari criminal-procedure fourth-circuit incarcerated-petitioner legal-clinic |
Whether the Fourth Circuit Court of Appeals improperly denied Quentin Freeman's petition for rehearing in a criminal case involving procedural or subs… |
| 23-6986 |
Raghvendra Singh v. California |
California |
2024-03-14 |
Denied |
IFP |
access-to-courts constitutional-rights conviction-for-non-crime criminal-conviction criminal-procedure due-process fabricated-charges false-testimony judicial-misconduct standing |
Whether the state court erred in not allowing the petitioner to prove that the alleged charges are not crimes |
| 23-6987 |
Michael Todd Hilton v. Daniel Akers, Warden |
Sixth Circuit |
2024-03-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process expert-testimony expert-witness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-present-defense strickland-standard strickland-v-washington |
If a defendant is prevented from presenting a complete defense by the exclusion of a substantial expert witness, has there been a violation of his fed… |
| 23-6993 |
Leon Akins v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-03-14 |
Denied |
IFP |
competency-evaluation criminal-procedure drope-v-missouri due-process dusky-v-united-states judicial-review mental-competency record-evidence trial-standards |
Whether the Eleventh Circuit Court of Appeals decision conflicts with this Court's decisions in Dusky v. United States, 362 U.S. 402 (1960) and Drope … |
| 23-6974 |
Bartolo Damaso-Sixtos v. United States |
Fifth Circuit |
2024-03-13 |
Denied |
Response WaivedIFP |
certiorari constitutional-interpretation constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent legal-overruling precedent sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6975 |
D'Amantae Graham v. Ohio |
Ohio |
2024-03-13 |
Denied |
IFP |
constitutional-rights criminal-defendant criminal-procedure due-process pro-se-representation self-representation sixth-amendment sovereign-citizen trial-court |
Can a trial court deny a criminal defendant the right to self-representation solely because he was designated a sovereign citizen? |
| 23-6976 |
Juan Cabrera v. United States |
Ninth Circuit |
2024-03-13 |
Denied |
IFP |
circuit-split criminal-procedure custody eighth-circuit howes-test miranda-custody miranda-rights ninth-circuit supreme-court tenth-circuit terry-stop |
Whether courts must apply the second step of Howes to determine if a person is 'in custody' for Miranda purposes |
| 23-6978 |
Jose Salome Gallardo Granados v. United States |
Fifth Circuit |
2024-03-13 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6979 |
Kyston Ivory v. United States |
Fifth Circuit |
2024-03-13 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure criminal-sentencing due-process mandatory-revocation sentencing sixth-amendment statutory-interpretation united-states-v-haymond |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-6982 |
Paulius Telamy v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-03-13 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation civil-rights criminal-procedure due-process evidence-suppression favorable-evidence postconviction-relief prosecutorial-misconduct suppressed-evidence |
Whether, under Brady v. Maryland, the prosecution suppressed favorable evidence |
| 23-6963 |
James Deon Bryant, Jr. v. Florida |
Florida |
2024-03-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6965 |
Armando Orozco-Barron v. United States |
Ninth Circuit |
2024-03-12 |
Denied |
Response WaivedIFP |
covid-19-pandemic criminal-procedure dismissal-without-prejudice due-process ends-of-justice individual-assessment judicial-discretion pandemic speedy-trial-act |
Whether a court may extend the Speedy Trial Act's deadlines by general order, without individually evaluating defendants' interests in a speedy trial |
| 23-6968 |
Raymond Vincent v. Florida |
Florida |
2024-03-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6948 |
Erick Wanjiku v. Oklahoma |
Oklahoma |
2024-03-11 |
Denied |
IFP |
14th-amendment civil-rights constitutional-interpretation criminal-procedure due-process evidence judicial-bias jurisdiction legal-standards state-court vagueness-doctrine |
Question not identified |
| 23-6950 |
Lawrence Guerain Fleming v. United States |
Ninth Circuit |
2024-03-11 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure felon-in-possession guideline-interpretation judicial-interpretation obstruction-of-justice pre-investigation-conduct sentencing-enhancement sentencing-guidelines |
Can the sentencing guideline be applied to the defendant's conduct, which occurred before any justice was being administered and before any investigat… |
| 23-6951 |
Jesus Barron-Bautista v. United States |
Fifth Circuit |
2024-03-11 |
Denied |
Response WaivedIFP |
Almendarez-Torres criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-overruling sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6952 |
Frantz Brifil v. Florida |
Florida |
2024-03-11 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-law crawford-v-washington criminal-procedure due-process evidence evidence-law hearsay out-of-court-statements sixth-amendment witness-testimony |
Whether the state court violated the mandate of Crawford and progeny by introducing a nontestifying witness's out-of-court statements? |
| 23-6954 |
Charles B. Thomas v. United States |
Seventh Circuit |
2024-03-11 |
Denied |
Response WaivedIFP |
appellate-review case-law circuit-court-conflict criminal-procedure double-jeopardy judicial-interpretation sentencing statutory-analysis supreme-court-precedent united-states-v-blackwell united-states-v-phipps witte-v-united-states |
Whether the 7th Circuit Court of Appeals decision conflicts with Supreme Court precedent |
| 23-6955 |
Donald Kissner v. Michigan |
Michigan |
2024-03-11 |
Denied |
IFP |
appellate-counsel appellate-procedure civil-rights communication-breakdown constitutional-rights criminal-procedure due-process habeas-corpus judicial-review right-to-counsel right-to-present-defense |
Was Mr. Kissner's state and federal constitutional rights to effective assistance of appointed appellate counsel violated? |
| 23-6958 |
Mal Pauliet Tharjiath v. Minnesota |
Minnesota |
2024-03-11 |
Denied |
IFP |
civil-liberties civil-procedure civil-rights constitutional-rights criminal-procedure due-process hearings judicial-review legal-standing standing |
Question not identified |
| 23-6931 |
Darrell Tillery v. Tim Hooper, Warden |
Louisiana |
2024-03-08 |
Denied |
Response WaivedIFP |
aggravated-rape constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial non-unanimous-jury sexual-battery sixth-amendment |
Whether non-unanimous jury verdicts violate the Sixth and Fourteenth Amendments |
| 23-6936 |
Jose Eulalio Aguillen-Servin v. United States |
Fifth Circuit |
2024-03-08 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6937 |
Mahmoud Almuhtaseb v. Florida |
Florida |
2024-03-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6938 |
Frank Garcia v. Julie Wolcott, Superintendent, Attica Correctional Facility |
Second Circuit |
2024-03-08 |
Denied |
IFP |
accused-rights criminal-procedure dna-evidence due-process exoneration harmless-error post-conviction |
Can the harmless-error doctrine be applied to DNA evidence that has the sole ability to clear, convict, or exonerate the accused? |
| 23-6939 |
Jaime Dean Charboneau, aka Jaimi Dean Charboneau v. Tyrell Davis, Warden |
Ninth Circuit |
2024-03-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
actual-innocence admissibility-of-evidence circuit-split criminal-procedure due-process evidence-standard federal-courts habeas-corpus judicial-review standard-of-review statutory-interpretation |
whether-28-usc-b-2-b-ii-actual-innocence-standard |
| 23-6942 |
Paulino Granda v. United States |
Eleventh Circuit |
2024-03-08 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus johnson-precedent johnson-v-united-states mandatory-life-sentence mandatory-minimum predicate-conviction sentencing statutory-interpretation |
Whether a petitioner demonstrates a substantial showing of the denial of a constitutional right warranting a certificate of appealability |
| 23-6943 |
Michael Lawrence Kerlin v. United States |
Fourth Circuit |
2024-03-08 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing cross-reference disproportionate-effect due-process evidence evidence-standard pro-se-petition sentencing-guidelines standard-of-proof |
Whether a cross reference which has a disproportionate effect on the sentence requires a higher standard of proof than mere preponderance |
| 23-6915 |
Raynaldo Ray Quiroga v. United States |
Eleventh Circuit |
2024-03-07 |
Denied |
Response WaivedIFP |
actual-innocence certificate-of-appealability constitutional-violation criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice |
Whether the actual innocence exception applies to claims of innocence in the guilty plea context |
| 23-6919 |
Raul Perez v. United States |
Eleventh Circuit |
2024-03-07 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility alford-plea criminal-procedure criminal-sentencing inter-circuit-split memory-defense memory-loss plea-bargaining sentencing-guidelines united-states-sentencing-guidelines |
Does a plea of guilty pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), based on a complete loss of memory of the actions underlying the offen… |
| 23-6925 |
Sadat El-Amin v. Louisiana |
Louisiana |
2024-03-07 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection forcible-rape fourteenth-amendment jury-trial non-unanimous-jury sixth-amendment |
Whether non-unanimous jury verdicts for felony convictions violate the Sixth and Fourteenth Amendments |
| 23-6927 |
In Re Antoine Thomas |
|
2024-03-07 |
Denied |
IFP |
appeals constitutional-law criminal-procedure due-process jurisdiction standing |
Question not identified |
| 23-6902 |
Jeffrey Akard v. United States |
Seventh Circuit |
2024-03-06 |
Denied |
Response WaivedIFP |
civil-rights constitutional-provisions criminal-procedure due-process judicial-review legal-error plea-bargain procedural-due-process retroactivity sentencing statutory-provisions |
Should a U.S. District Court Judge be forced to accept a plea bargain waiver signed in February when the law changed in March? |
| 23-6907 |
Tryton Alonzo Thomas v. United States |
Fifth Circuit |
2024-03-06 |
Denied |
Response WaivedIFP |
administrative-law agency-deference agency-interpretation criminal-procedure criminal-sentencing federal-sentencing-guidelines judicial-deference judicial-review kisor-v-wilkie sentencing-guidelines statutory-interpretation |
Whether the standard for triggering judicial deference to an agency's interpretation of its own regulations, as clarified in Kisor v. Wilkie, governs … |
| 23-6908 |
Shawn Christy v. United States |
Third Circuit |
2024-03-06 |
Denied |
Response WaivedIFP |
court-procedure criminal-procedure due-process ineffective-assistance judgment-of-acquittal judicial-discretion judicial-error pro-se right-to-counsel self-representation sentencing-review |
Did the district court error in not permitting Mr. Christy to represent himself? |
| 23-6909 |
Arnold D. Holland v. United States |
Eleventh Circuit |
2024-03-06 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment probable-cause reasonable-suspicion search search-and-seizure supervised-release totality-of-circumstances |
Whether the Fourth Amendment applies to the act of searching or the initial decision to search, based on an objective standard considering the totalit… |
| 23-6912 |
Samuel Fields v. Laura Plappert, Warden |
Sixth Circuit |
2024-03-06 |
Rehearing |
Relisted (10)IFP |
aedpa clearly-established-law constitutional-claim criminal-procedure due-process extrinsic-evidence habeas-corpus jury-experiment jury-trial verdict-standards |
Whether a jury's consideration and reliance on extrinsic evidence as part of a jury experiment violates the clearly established federal law requiring … |
| 23-966 |
Oscar Amos Stilley v. United States |
Tenth Circuit |
2024-03-06 |
Denied |
Response Waived |
criminal-procedure due-process federal-jurisdiction federal-procedure judicial-appointments judicial-assignment judicial-cross-designation judicial-ethics statutory-interpretation supervised-release |
Whether 13 consecutive cross-designations of Oklahoma district judges are 'temporary' under 28 U.S.C. 292(b) |
| 23-974 |
Sammy Jay Riddle v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-06 |
Denied |
|
aedpa criminal-procedure deferred-adjudication fifth-circuit habeas-corpus judgment judgment-of-conviction statute-of-limitations |
Whether the federal habeas corpus statute of limitations begins to run from the finality of a deferred adjudication order or the finality of the judgm… |
| 23-6893 |
Jacob A. Rubini v. Illinois |
Illinois |
2024-03-05 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process grand-jury ineffective-assistance ineffective-assistance-of-counsel perjured-testimony perjury post-conviction-relief prosecutorial-misconduct |
Whether the prosecutor violated the defendant's due process rights by blocking testimony, knowingly using perjured testimony, and knowingly using fals… |
| 23-6900 |
Bryan Reshad Hill v. United States |
Fifth Circuit |
2024-03-05 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rules fifth-circuit jury-verdict plain-error presentence-report rosales-mireles sentencing sentencing-guidelines |
Does a sentence twice that authorized by the jury's verdict constitute plain error? |
| 23-6901 |
Joshua Lane Tansil v. Florida |
Florida |
2024-03-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6884 |
Alexander Yoichi Duberek v. United States |
Fifth Circuit |
2024-03-04 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure due-process judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 23-6886 |
Paul Francisco Torres, III v. United States |
Ninth Circuit |
2024-03-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process jury-trial jury-trials pandemic pandemic-restrictions sixth-amendment speedy-trial |
Did prolonged jury-trial bans during the pandemic violate the Sixth Amendment's Speedy Trial Clause, especially as to those accused who were jailed du… |
| 23-6887 |
Brenda B. v. Tennessee Department of Children's Services |
Tennessee |
2024-03-04 |
Denied |
Response WaivedIFP |
6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence evidence-credibility hearsay-rules witness-credibility witness-testimony |
Do I have a right to confront alleged witnesses? |
| 23-6873 |
Darrin Lynn Pickens v. David Buss, Warden |
Tenth Circuit |
2024-03-01 |
Denied |
IFP |
arkansas-law civil-rights-act congressional-authority criminal-jurisdiction criminal-law criminal-procedure federal-lands indian-territory oklahoma organic-act tribal-sovereignty |
Did Congress pass the Organic act for Oklahoma on May 2,1890, to establish State laws, or did Congress pass Certain general laws of Arkansas on May 2 … |
| 23-6876 |
Joseph Neil Bronson, Jr. v. United States |
First Circuit |
2024-03-01 |
Denied |
Response WaivedIFP |
constitutional-law criminal-attempt criminal-procedure due-process first-amendment free-speech legislative-intent overbroad post-conviction-relief standing statutory-interpretation vagueness |
Is IP U.S.C. §1994 unconstitutionally vague or overbroad as applied in Bronson's Metaphysical attempt? |
| 23-6878 |
Jose Luis Avalos-Sanchez v. United States |
Fifth Circuit |
2024-03-01 |
Denied |
Response WaivedIFP |
Almendarez-Torres court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-953 |
Brandon Michael Council v. United States |
Fourth Circuit |
2024-03-01 |
Denied |
Amici (3) |
circuit-split competency criminal-procedure defendant-rights due-process effective-assistance-of-counsel federal-death-penalty judicial-discretion mental-competence trial-competency |
Whether a trial court may deem a defendant competent based solely on the unexplained, unsupported opinion of a defense expert or defense counsel |
| 23-945 |
Ilana Bangiyeva v. United States |
Fourth Circuit |
2024-02-29 |
Denied |
Response Waived |
asset-seizure civil-procedure criminal-procedure district-court due-process forfeiture judicial-review legal-interest property-forfeiture property-rights standing united-states-government |
What is the appropriate test to determine whether petitioner has a sufficient legal interest in forfeited property |
| 23-949 |
In Re David Erlanson, Sr. |
|
2024-02-29 |
Denied |
Response Waived |
9th-circuit administrative-law civil-procedure civil-proceeding civil-rights criminal-penalty criminal-procedure due-process judicial-duty judicial-process mandamus separation-of-powers |
Can the 9th Circuit Court of Appeals indefinitely prolong or avoid its judicial duty when a judicial process in the lower district court resulted obvi… |
| 23-6857 |
Lamar Gibson v. United States |
Eleventh Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance lower-courts post-conviction-relief statutory-violation trial-testimony |
Whether the petitioner's due process, fair trial, and 6th amendment rights were violated when the lower courts omitted, manipulated, and altered trial… |
| 23-6859 |
Andrew Smart v. Jamie LaManna |
Second Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
constitutional-amendment constitutional-law criminal-procedure district-court-procedure due-process evidence federal-courts federal-law habeas-corpus witness-identification |
Whether the Courts below determination that the witnesses Identification was not unduly suggestive, was contrary to clearly established Federal Taw §2… |
| 23-6865 |
Justus Onyiego v. Tennessee |
Tennessee |
2024-02-29 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence ineffective-assistance post-conviction right-to-counsel right-to-testify trial-counsel |
Was trial counsel ineffective? |
| 23-6866 |
Cesar Abreu v. United States |
Second Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-admissibility federal-rule-of-evidence-404b federal-rules-of-evidence fifth-amendment narcotics narcotics-distribution prior-conviction prior-convictions search-and-seizure |
Whether the decision of the United States Court of Appeals for the Second Circuit, affirming Petitioner's conviction of narcotics distribution in the … |
| 23-6870 |
Ariel Perez-Lainez v. United States |
Fifth Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6874 |
Kendall Dean Mitchell v. Oklahoma |
Oklahoma |
2024-02-29 |
Denied |
IFP |
14th-amendment constitutional-law criminal-procedure due-process federal-jurisdiction judicial-review jurisdiction retroactive-application state-law state-prosecution supremacy-clause |
Whether Oklahoma violated its own law in an effort to deny Petitioner's right to due process of law pursuant to the 14th Amendment |
| 23-6845 |
Milton Martin Biester-Villeda v. United States |
Fifth Circuit |
2024-02-28 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6846 |
In Re Shirron Jozette Gayles-Zanders |
|
2024-02-28 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review civil-rights criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance mandamus nevada-supreme-court post-conviction-relief |
Whether the Nevada Supreme Court violated petitioner's fundamental due process and equal protection rights under the 14th Amendment by denying her pet… |
| 23-6849 |
Juan Salazar-Grimaldo v. United States |
Fifth Circuit |
2024-02-28 |
Denied |
Response WaivedIFP |
constitutional-procedure criminal-indictment criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 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… |
| 23-6834 |
Jeremy Lee Sestak v. United States |
Tenth Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
as-applied-petition constitutional-protections criminal-procedure double-jeopardy sentencing sentencing-guidelines supervised-release u.s.s.g.-§4b1.5 u.s.s.g.-§5d1.2 |
Can a defendant bring an as-applied petition for modification of the supervised conditions? |
| 23-6836 |
Ruixue Shi, aka Serena Shi v. United States |
Ninth Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining right-to-counsel trial-preparation voluntariness |
Whether Petitioner's guilty plea was involuntary because she decided to plead guilty based upon her attorney's advice that it was in her interest to d… |
| 23-6837 |
David Carbonaro v. United States |
Third Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
appellate-review computer-crime computer-use criminal-procedure image-quantity judicial-discretion number-of-images reasonableness sentencing sentencing-enhancement sentencing-enhancements |
Whether the Court erred in its application of the sentencing enhancements and the reasonableness of the sentence imposed |
| 23-6839 |
Donte Johnson v. Nevada |
Nevada |
2024-02-27 |
Denied |
IFP |
constitutional-rights criminal-procedure discretionary-strategy effective-counsel expert-testimony false-confessions ineffective-assistance police-interrogation sixth-amendment strickland strickland-standard |
did-the-nevada-supreme-court-deprive-petitioner-of-his-sixth-amendment-right-to-effective-counsel |
| 23-6842 |
Reginald Creshawn Doss v. United States |
Eighth Circuit |
2024-02-27 |
GVR |
Relisted (2)IFP |
2nd-amendment bruen-test circuit-split civil-rights constitutional-challenge criminal-procedure due-process felon-in-possession firearms-regulation second-amendment standing |
Whether 18 U.S.C. § 922(g)(1) is unconstitutional as applied to the defendant |
| 23-6823 |
Troy Raynard Alexander v. United States |
Fourth Circuit |
2024-02-26 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea rehaif-standard rehaif-v-united-states sixth-amendment |
Whether the lower court abused their discretion by denying a COA |
| 23-6824 |
Jeremiah James Lynch v. United States |
Eighth Circuit |
2024-02-26 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment parole proportionality sentencing sentencing-guidelines supervised-release |
Whether the petitioner's constitutional rights were violated by the application of a 'grade A' violation for a local crime, which resulted in the peti… |
| 23-6825 |
Jmarreon Mack v. United States |
Fifth Circuit |
2024-02-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fair-trial judicial-integrity prosecutorial-misconduct trial-fairness |
Question not identified |
| 23-6827 |
Victor Leon-Moya v. United States |
Eighth Circuit |
2024-02-26 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure drug-importation drug-trafficking enhancement-factors importation jurisdiction sentencing-guidelines substantive-reasonableness |
whether-defendant-directed-codefendant |
| 23-6830 |
Thomas E. Creech v. Josh Tewalt, Director, Idaho Department of Correction, et al. |
Ninth Circuit |
2024-02-26 |
Denied |
IFP |
civil-rights constitutional-challenge criminal-procedure death-penalty due-process eighth-amendment execution-secrecy lethal-injection |
Whether it comports with due process for a state to refuse to provide a condemned inmate information about his method of execution that would enable h… |
| 23-6820 |
Marvin Carcamo v. United States |
Ninth Circuit |
2024-02-23 |
Denied |
Response WaivedIFP |
criminal-procedure gang-membership harmless-error ninth-circuit procedural-error racketeering rico-conspiracy sentencing-guidelines |
Did the Ninth Circuit incorrectly affirm the district court's procedural error determining racketeering conduct was reasonably foreseeable under the U… |
| 23-6787 |
Jerry Means v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-02-22 |
Denied |
IFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction-proceedings post-conviction-relief state-law-rights |
Whether an indigent pro se defendant in a state criminal case who is prohibited by state law from raising any claim of trial court error on direct app… |
| 23-6806 |
Bruce Wayne Harp v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-02-22 |
Denied |
IFP |
criminal-justice criminal-procedure due-process jury jury-impartiality justice-system obstruction-of-justice penal-code pre-trial trial-rights |
When does Penal Code 21.02 adulterate the justice system, obstructing due process, pre-trial and an impartial jury? |
| 23-6807 |
Floyd William Damren v. Florida |
Florida |
2024-02-22 |
Denied |
IFP |
constitutional-amendments constitutional-rights criminal-procedure due-process florida-rule habeas-corpus newly-discovered-evidence post-conviction-relief scientific-evidence |
Does Florida's rule 3.851(d)(2)(A) violate petitioner's rights under the Fifth, Sixth, Eighth and Fourteenth Amendments? |
| 23-6808 |
Joseph Michael King, aka Joey King v. United States |
Fourth Circuit |
2024-02-22 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process non-indigent sentencing sentencing-enhancement special-assessment statutory-interpretation |
Whether the Government should bear the burden of proving that a defendant is 'non-indigent' under 18 U.S.C. § 3014(a) before the district court impose… |
| 23-6809 |
Warren Lee Mackey v. United States |
Eighth Circuit |
2024-02-22 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process evidence harmless-error judicial-precedent prejudice prejudice-standard trial-testimony witness-bolstering witness-testimony |
Whether this Court should adopt a test that vacates a conviction where there is a 'reasonable probability' that improper bolstering or vouching testim… |
| 23-905 |
John William Hanson, III v. United States |
Sixth Circuit |
2024-02-22 |
Denied |
Response Waived |
arrest-time civil-rights criminal-procedure due-process excessive-force false-testimony jury-instructions search-and-seizure sentencing |
whether-the-petitioner-was-falsely-arrested |
| 23-898 |
Ryan Thornton v. Wisconsin |
Wisconsin |
2024-02-21 |
Denied |
Response Waived |
burden-of-proof counsel criminal-procedure defendant due-process habeas-corpus ineffective-assistance-of-counsel legal-harm sixth-amendment |
When a defendant is harmed from Ineffective Assistance of Counsel, what is the appropriate burden of proof needed to correct this harm? |
| 23-6786 |
Carl Ray McNeil, Jr. v. United States |
Fourth Circuit |
2024-02-21 |
GVR |
Relisted (2)IFP |
armed-career-criminal-act criminal-law criminal-procedure due-process fifth-amendment indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
Whether the different-occasions element of the Armed Career Criminal Act must be charged in the indictment and either admitted as part of a guilty ple… |
| 23-6795 |
Gregory Taylor v. United States |
Sixth Circuit |
2024-02-21 |
Denied |
Relisted (2)IFP |
confrontation-clause criminal-procedure evidence expert-testimony hearsay laboratory-evidence laboratory-tests sixth-amendment |
Whether the Confrontation Clause of the Sixth Amendment is satisfied when an expert witness provides opinion testimony that is based on data from labo… |
| 23-6799 |
Leon King v. United States |
Eleventh Circuit |
2024-02-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process federal-sentencing judicial-discretion legal-reasoning sentencing-guidelines statutory-interpretation |
Whether 18 U.S.C. § 3553(c) requires a sentencing court which rejects a defendant's nonfrivilous arguments in favor of a lower sentence to explain its… |
| 23-6802 |
Wally Irizarry-Sisco v. United States |
First Circuit |
2024-02-21 |
Denied |
Response WaivedIFP |
child-sex-abuse child-sex-case criminal-procedure double-jeopardy due-process evidence-law excited-utterance hearsay hearsay-exception sixth-amendment |
Whether Federal Rule of Evidence 803(2) encompasses out-of-court statements that go beyond the exciting event, are elicited by questioning, and are in… |
| 23-6788 |
Terrance Fowler v. Pennsylvania |
Pennsylvania |
2024-02-20 |
Denied |
IFP |
constitutional-rights criminal-conviction criminal-procedure due-process jury-instructions maximum-penalty sentencing uncharged-crime |
Can a State deny a defendant due process of law by convicting and sentencing him to the maximum penalty for a crime that he was not charged with, nor … |
| 23-6789 |
Randolph Maya v. Florida |
Florida |
2024-02-20 |
Denied |
Response WaivedIFP |
evidence grand-jury grand-jury-testimony impeachment impeachment-evidence jury-instructions prior-inconsistent-statement substantive-evidence witness witness-testimony |
Can a party knowingly call a witness it expects to testify contrary to previous statements in order for those statements to entered as substantive evi… |
| 23-6769 |
Derrick Durrell Jones v. United States |
Fifth Circuit |
2024-02-16 |
Denied |
Response WaivedIFP |
2nd-amendment commerce-clause constitutional-challenge criminal-procedure due-process federal-firearms-law federal-jurisdiction firearm-possession interstate-commerce second-amendment standing statutory-interpretation |
Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, … |
| 23-6776 |
Robert Shawn Ingram v. Warden, Holman Correctional Facility |
Eleventh Circuit |
2024-02-16 |
Denied |
IFP |
criminal-procedure death-penalty due-process ineffective-assistance-of-counsel plea-bargaining right-to-counsel |
Is an attorney constitutionally ineffective when he does not realistically convey to his client the consequences of failing to honor his plea agreemen… |
| 23-6768 |
Vidal Garza-Morin v. United States |
Fifth Circuit |
2024-02-16 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-884 |
Marco Antonio Perez v. United States |
Eleventh Circuit |
2024-02-16 |
Denied |
Response Waived |
circuit-split criminal-procedure criminal-sentencing due-process grand-jury harmless-error judicial-interpretation release-violation sentencing-enhancement statutory-maximum |
Does 18 USC § 3147 authorize a sentence exceeding the statutory maximum for the underlying offense? |
| 23-886 |
Carlos Guardado v. Massachusetts |
Massachusetts |
2024-02-16 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
burks-v-united-states change-in-law criminal-procedure double-jeopardy evidence legal-sufficiency prosecution-evidence second-trial supreme-court-precedent trial-rights |
Whether there is an exception to the Burks v. United States holding that the Double Jeopardy Clause forbids a second trial to allow the prosecution to… |
| 23-888 |
Alfredo Felipe Rasco v. United States |
Eleventh Circuit |
2024-02-16 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure deportation-consequences guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky rule-11 rule-11-violation |
Whether the Eleventh Circuit's decision to deny my C.O.A. and the district court's denial of my motion to withdraw my guilty plea contravenes this Cou… |
| 23-6756 |
Kenneth J. Coleman v. United States |
Fifth Circuit |
2024-02-15 |
Denied |
Response WaivedIFP |
competency-hearing confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency pate-v-robinson plea-agreement |
Is the petitioner constitutionally entitled to a hearing upon the issue of his competency to stand trial |
| 23-6758 |
Frank Bernard Johnson v. Virginia |
Virginia |
2024-02-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fair-trial judicial-procedure mental-health mental-health-competency pro-se pro-se-representation right-to-counsel |
Is compulsory pro se representation lawful in criminal trials? |
| 23-6759 |
Hia-Keem Don'ae Rice v. United States |
Fourth Circuit |
2024-02-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion sentencing supervised-release written-judgment |
Whether Rule 43(a)(3) of the Federal Rules of Criminal Procedure permits the sentencing judge to impose in the written judgment conditions of supervis… |
| 23-6763 |
Armani L. Moore v. Illinois |
Illinois |
2024-02-15 |
Denied |
Response WaivedIFP |
confrontation-clause crawford-v-washington criminal-procedure evidence evidence-law memory-loss sixth-amendment testimonial-hearsay unavailable-witness witness-unavailability |
Whether a declarant is 'unavailable to testify' for purposes of the Sixth Amendment |
| 23-6765 |
Ethan Andrew Hannold v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2024-02-15 |
Denied |
IFP |
his father and the egregious breach of duty from criminal-procedure due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-health-diagnosis procedural-default |
Did the U.S. Court of Appeals of the Third Circuit fail to consider the effect the combination of the relevant attributes of Mr. Hannold's diagnoses o… |
| 23-6740 |
George Willie Rios v. Arizona |
Arizona |
2024-02-14 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights counsel-presence criminal-procedure custodial-interrogation due-process fifth-amendment miranda-v-arizona miranda-warning right-to-counsel |
Does Miranda require that a person subjected to custodial interrogation be informed of his right to invoke the presence of counsel during questioning? |
| 23-6742 |
Alexander D. Pennington v. United States |
Fifth Circuit |
2024-02-14 |
Denied |
Response WaivedIFP |
5th-amendment 5th-amendment-rights 5th-circuit criminal-investigation criminal-procedure custody fifth-amendment interrogation miranda-rights search-warrant |
Is a suspect in a criminal investigation 'in custody' when he is ordered out of his residence by armed agents who broke down his door to execute a sea… |
| 23-6748 |
Eric Lavell Minter v. United States |
Sixth Circuit |
2024-02-14 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-court-review civil-rights clear-error-standard criminal-enterprise criminal-procedure due-process evidence fact-based-enhancement managerial-role sentencing sentencing-enhancement |
Must a district court find that a defendant exercised control over another participant in a criminal enterprise before considering a managerial-role s… |
| 23-6750 |
Patrick Aboite v. United States |
Eleventh Circuit |
2024-02-14 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights constitutional-law criminal-law criminal-procedure due-process federal-statute felony-conviction firearm-possession second-amendment standing statutory-interpretation |
Whether 18 U.S.C. § 922(g)(1) complies with the Second Amendment? |
| 23-6751 |
Delon Joseph Adams v. United States |
Eleventh Circuit |
2024-02-14 |
Denied |
Response WaivedIFP |
18-usc-924 concurrent-sentence concurrent-sentences criminal-law criminal-procedure federal-criminal-procedure federal-statute firearm-offense sentencing sentencing-guidelines statutory-interpretation |
Whether 18 U.S.C. Section 924(c)(1)(D)Gi) precludes a sentencing court from imposing a sentence for a Section 924(c) firearm offense partially concurr… |
| 23-6728 |
In Re Kimberlee Pitawanakwat |
|
2024-02-13 |
Denied |
Response WaivedIFP |
criminal-procedure federal-jurisdiction general-crimes-act indian-rights major-crimes-act stare-decisis supremacy-clause treaty-interpretation treaty-of-fort-laramie |
Does it violate the Treaty of Fort Laramie (1868) and the Supremacy Clause of the United States Constitution to subject Indians to stand federal trial… |
| 23-6730 |
Bryant Calloway v. United States |
Third Circuit |
2024-02-13 |
Denied |
Response WaivedIFP |
appellate-jurisdiction criminal-procedure due-process fair-trial grand-jury ineffective-assistance-of-counsel judicial-review material-evidence prosecutorial-misconduct witness-credibility witness-testimony |
Whether the fundamental fairness of the criminal trial was violated by the district court's denial of the petitioner's motion to dismiss the indictmen… |
| 23-6723 |
Brandon Keith Owensby v. Florida |
Florida |
2024-02-12 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6725 |
Deonte Marques Curry v. United States |
Fourth Circuit |
2024-02-12 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure due-process electronic-filing forfeiture notice restitution sentencing sentencing-error |
Whether due process is satisfied when the government relies solely on the district court's electronic case filing system to notify defendant's counsel… |
| 23-6727 |
Daniel J. Erb v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-law guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct |
Whether the lower courts' decisions were contrary to or involved an unreasonable application of clearly established federal law and an unreasonable de… |
| 23-6711 |
Ronnie Collins, Jr. v. United States |
Fifth Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence harmful-error harmless-error witness-testimony |
Whether the limits placed on Collins's right to cross-examine the central witness against him constituted harmful error |
| 23-6712 |
Abner Renato Natareno-Calderon v. United States |
Fifth Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-presumption reasonableness-standard rita-precedent rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges the substantive reasonableness of a within-Guidelines sentence may rebut an appellate … |
| 23-6714 |
Ramon Umberto Cortez-Rodriguez, aka Ramon Humberto Cortez-Rodriguez v. United States |
Fifth Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
Almendarez-Torres certiorari-petition constitutional-interpretation criminal-procedure due-process fifth-circuit-appeal judicial-review jury-trial precedent-overruling sentencing Supreme-Court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6715 |
Re'Shaun Lamonte Wilborne v. United States |
Fourth Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
criminal-procedure evidence exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause search-and-seizure |
Whether the inventory search doctrine can be invoked on slight evidence when no written inventory search policy was produced and the police officer's … |
| 23-6716 |
Tommy Lee Walker v. United States |
Ninth Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
2nd-amendment criminal-procedure due-process firearm-interstate-commerce interstate-commerce jury-instruction jury-instructions sixth-amendment speedy-trial-act standing |
Where the firearm at issue was manufactured in California and found in a home in California, did the district court err by refusing to give a requeste… |
| 23-6718 |
Larry David Doak v. Oklahoma |
Oklahoma |
2024-02-09 |
Denied |
IFP |
appellate-review collateral-review constitutional-law criminal-procedure criminal-proceeding due-process federal-review indian-law judicial-procedure petition-for-certiorari retroactivity supremacy-clause |
Whether Oklahoma violated its own rules of criminal procedure retroactively by applying a new rule to Petitioner's post-conviction proceedings |
| 23-6719 |
In Re Anthony Michael DelaRosa |
|
2024-02-09 |
Denied |
IFP |
appellate-jurisdiction civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel judicial-misconduct judicial-review legal-procedure |
Whether the petitioner's constitutional rights were violated by the state court proceedings, including issues of due process, ineffective assistance o… |
| 23A742 |
Luis Alexis Briceno v. Tennessee |
Tennessee |
2024-02-09 |
Presumed Complete |
|
constitutional-standards conviction-review court-of-criminal-appeals criminal-procedure due-process jurisdiction |
Whether the Tennessee Court of Criminal Appeals correctly applied constitutional standards in affirming a criminal conviction that may have violated t… |
| 23-6701 |
Luis Raul Vicente Fonseca v. United States |
Eleventh Circuit |
2024-02-08 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-provisions constitutional-rights criminal-procedure due-process sixth-amendment speedy-trial standing statement-of-the-case statutory-provisions trial-rights |
Whether the lower court erred in its interpretation and application of the relevant constitutional and statutory provisions |
| 23-6706 |
Ohio, ex rel. Lonnie Rarden v. Court of Common Pleas of Ohio, Butler County, et al. |
Ohio |
2024-02-08 |
Denied |
Response WaivedIFP |
criminal-procedure faretta-v-california fundamental-error johnson-v-zerbst law-of-the-case res-judicata right-to-counsel sixth-amendment trial-court-jurisdiction waiver-of-counsel |
Does this Court no longer recognize the right to counsel under Johnson v. Zerbst? |
| 23-6707 |
Sean Robert Wathen v. United States |
Ninth Circuit |
2024-02-08 |
Denied |
Response WaivedIFP |
criminal-procedure dangerous-weapon district-court drug-offense enhancement factual-findings findings-of-fact sentencing sentencing-discretion sentencing-guidelines u.s.s.g-2d1.1(b)(1) weapon-enhancement |
Is the sentencing court required to make specific findings of fact, supported by the record, that a defendant possessed a dangerous weapon in connecti… |
| 23-6688 |
Christian Alejandro Estrella v. United States |
Ninth Circuit |
2024-02-07 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment law-enforcement parole parole-search police-authority probable-cause search-and-seizure suspicionless-search suspicionless-seizure |
Does probable cause to believe that a person is on parole suffice for a suspicionless seizure and search or is knowledge of parole status required? |
| 23-6690 |
Lamark Armond Combs, Jr. v. United States |
Eighth Circuit |
2024-02-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process record-expansion remand sentencing |
May a district court expand the record on remand to allow the government to present additional evidence even though the government's burden was clear … |
| 23-6672 |
Christopher R. Williams, Jr. v. United States |
Seventh Circuit |
2024-02-06 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-sentencing district-court drug-purity drug-quantity methamphetamine-case procedural-errors sentencing-enhancements sentencing-guidelines |
whether-the-district-court-erred-by-sentencing-the-defendant |
| 23-6673 |
Lillian Akwuba v. United States |
Eleventh Circuit |
2024-02-06 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure harmless-error intent-element jury-instruction jury-instructions medical-care mens-rea standard-of-care |
Whether the stringent harmless error language from Neder applies to Ruan-based jury instruction error? |
| 23-6678 |
In Re Tina Wagoner |
|
2024-02-06 |
Denied |
IFP |
arrest civil-rights criminal-procedure due-process evidence probable-cause |
Whether the criminal court and law enforcement's failure to arrest and properly process the accused prevented due process and allowed for misrepresent… |
| 23-6679 |
Quaysean Tikii Williams v. Oklahoma |
Oklahoma |
2024-02-06 |
Denied |
IFP |
conspiracy criminal-procedure due-process evidence firearm jackson-v-virginia robbery sufficiency-of-evidence |
Whether the Oklahoma Court of Criminal Appeals determination that there was sufficient evidence to support petitioner's conviction for conspiracy to c… |
| 23-6680 |
Mark Mayo v. United States |
Ninth Circuit |
2024-02-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rule federal-rules-of-criminal-procedure judicial-discretion plain-error rule-52(b) structural-error |
Does a clear or obvious structural error always, or at least ordinarily, require relief under the plain-error standard of Federal Rule of Criminal Pro… |
| 23-845 |
Timothy Ray Vasquez v. United States |
Fifth Circuit |
2024-02-06 |
Denied |
Response Waived |
bribery criminal-procedure due-process honest-services-fraud official-act public-official quid-pro-quo quid-pro-quo-bribery statutory-interpretation |
Does quid pro quo bribery permit conviction for honest services fraud if a public official received a benefit in exchange for a potential future offic… |
| 23A727 |
Joel Michael Guy, Jr. v. Tennessee |
Tennessee |
2024-02-06 |
Presumed Complete |
|
28-USC-1257 appellate-jurisdiction constitutional-review criminal-conviction criminal-procedure state-court-review |
Whether the Tennessee Court of Criminal Appeals correctly applied state law in affirming a criminal conviction that may raise potential federal consti… |
| 23-6664 |
Robert Edward Sindaco v. Florida |
Florida |
2024-02-05 |
Denied |
IFP |
appellate-review bias constitutional-law criminal-procedure due-process fair-trial federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel prejudice prosecutorial-misconduct |
Whether the petitioner was denied due process and a fair trial due to bias, prejudice, and ineffective assistance of counsel |
| 23-6666 |
Jackie-Devere Allen Cole v. Colorado |
Colorado |
2024-02-05 |
Denied |
IFP |
6th-amendment civil-liberties constitutional-rights criminal-procedure due-process judicial-review jurisdiction legal-procedure procedural-fairness speedy-trial standing |
Did the Col. Jyp. Cr err in holding my right to a speedy trial has been violated? |
| 23-6668 |
Roosevelt L. Lincoln, aka Roosevelt L. Linicomn v. Harris County Sheriff's Office, et al. |
Fifth Circuit |
2024-02-05 |
Denied |
IFP |
14th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process equal-protection judicial-fairness legal-procedure section-242 statutory-interpretation |
Does the 14th Amendment and Section 242 of Title 18 constitute a man justice? |
| 23-6653 |
Mark Marvin v. United States Court of Appeals for the District of Columbia |
District of Columbia |
2024-02-02 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure first-amendment free-speech habeas habeas-corpus ineffective-assistance mandamus standing |
Whether petitioner has standing to file a habeas and mandamus petition |
| 23-6659 |
Edward Logan v. Illinois |
Illinois |
2024-02-02 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure due-process equal-protection pre-trial-detention sixth-amendment speedy-trial statutory-interpretation |
Whether a state statute that denies a criminal defendant the constitutional right to a speedy trial violates the Equal Protection Clause |
| 23-6663 |
Emmanuel Gil v. United States |
Fifth Circuit |
2024-02-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions reasonable-doubt sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-830 |
Lonnie Allen Bassett v. Arizona |
Arizona |
2024-02-02 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (5) |
criminal-procedure eighth-amendment juvenile-sentencing life-without-parole mandatory-sentencing miller-v-alabama montgomery-v-louisiana sentencing-discretion |
Whether the Eighth Amendment permits a juvenile to be sentenced to life without parole under a system that did not afford the sentencing court discret… |
| 23-831 |
Constance Eileen Caswell v. Colorado |
Colorado |
2024-02-02 |
Denied |
Amici (1)Relisted (2) |
almendarez-torres apprendi-rule criminal-procedure due-process felony-enhancement jury-determination jury-trial misdemeanor-elevation prior-conviction sentencing sixth-amendment |
Whether a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense that … |
| 23-6642 |
David Wayne Poydras v. Louisiana |
Louisiana |
2024-02-01 |
Denied |
IFP |
constitutional-provisions criminal-procedure due-process equal-protection evidence-standard factual-innocence indigent-defendants judicial-review jurisdictional-issue legal-procedure post-conviction-relief statutory-interpretation |
Did La. Code Criminal Procedure, Article 142.3(B), Allow the Court's in Louisiana to deny destitute inmates the right to prove they are Factually Inno… |
| 23-6645 |
Arthur Johnson v. United States |
Fifth Circuit |
2024-02-01 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-6648 |
Anthony Christopher Mendonca v. United States |
Second Circuit |
2024-02-01 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fair-trial first-amendment jury-selection plain-error-review public-trial public-trial-right sixth-amendment structural-error |
Does the plainly erroneous exclusion of the public from jury selection in a criminal trial seriously affect the fairness, integrity, and public reputa… |
| 23A714 |
Rodney Thomas Ternovsky v. Florida |
Florida |
2024-02-01 |
Presumed Complete |
|
constitutional-rights criminal-procedure due-process florida-appellate-court judicial-review writ-of-certiorari |
Whether the Florida Fifth District Court of Appeal's opinion in a criminal case violates the petitioner's constitutional due process rights |
| 23-6627 |
In Re Reginald Bernard Hatton |
|
2024-01-31 |
Denied |
IFP |
14th-amendment 8th-amendment constitutional-rights criminal-procedure due-process eighth-amendment fourteenth-amendment sentencing time-served unconstitutional |
Whether the petitioner has been deprived of his constitutional rights under the 8th and 14th Amendment |
| 23-6630 |
Terry L. Terry v. Tim Hooper, Warden |
Fifth Circuit |
2024-01-31 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure due-process jackson-v-virginia molestation sexual-assault statutory-interpretation sufficiency-of-evidence victim-testimony |
Did the state court unreasonably apply Jackson v. Virginia when it determined that evidence presented at trial was sufficient to sustain Terry's convi… |
| 23-6632 |
Jasen Randhawa v. Wisconsin |
Wisconsin |
2024-01-31 |
Denied |
Response WaivedIFP |
constitutional constitutional-rights criminal-procedure deterrence due-process general-deterrence sentencing sentencing-discretion social-science social-science-evidence |
Does a court violate a defendant's right to due process when a lengthy sentence is based upon mistaken information that a severe sentence will deter o… |
| 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… |
| 23-6622 |
Miguel Jaimes-Luviano v. Florida |
Florida |
2024-01-30 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony? |
| 23-6623 |
Johnl Jackson v. United States |
Ninth Circuit |
2024-01-30 |
Denied |
Response WaivedIFP |
compulsory-process confrontation confrontation-clause constitutional-rights criminal-procedure due-process federal-rules-of-evidence notice-requirement sex-trafficking |
Whether the criminal defendant's constitutional trial rights require the admission of the complainant's other prostitution activities to rebut the gov… |
| 23-6599 |
Devon Blevins v. United States |
Tenth Circuit |
2024-01-29 |
Denied |
Response WaivedIFP |
18-usc-1 appellate-review criminal-conviction criminal-procedure first-degree-murder insufficiency-of-evidence jackson-v-virginia standard-of-review sufficiency-of-evidence |
Whether the court of appeals failed to correctly apply the standard of review for claims of insufficiency of evidence to support conviction of a crime… |
| 23-6585 |
Arnulfo Fagot-Maximo v. United States |
Fourth Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability criminal-procedure district-court due-process fourth-circuit government-vouching habeas-corpus witness-testimony |
Should a writ of certiorari be granted since the Fourth Circuit Court of Appeals erred in not granting a Certificate of Appealability |
| 23-6588 |
Aaron Ramirez Espinoza v. United States |
Ninth Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
co-conspirator conspiracy criminal-evidence criminal-law due-process evidence government-informant sufficiency-of-evidence testimony witness-testimony |
Whether a government informant and co-conspirators testimony of another's involvement in the conspiracy is sufficient evidence to sustain a conviction… |
| 23-6589 |
Reginald L. McCoy v. United States |
Eleventh Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-resentencing drug-quantity first-step-act judicial-discretion prior-finding sentencing sentencing-review statutory-threshold |
Whether a First Step Act movant's entitlement to review hinges on the statutory sentencing threshold for his offense, or may be foreclosed by a prior … |
| 23-6592 |
Bernardito Carvajal, aka Christian Mendez-Acevedo v. United States |
First Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
acquittal constitutional-rights criminal-procedure due-process judicial-review jury-verdict sentencing sentencing-discretion unreasonable-sentence |
Whether a sentencing judge may disregard a jury's acquittal and use rejected facts to justify a dramatic increase in the defendant's sentence |
| 23-6593 |
Larry Rush, aka Leroy Thomas v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
appeals appellate-procedure constitutional-law criminal-procedure due-process federal-courts habeas-corpus judicial-review jurisdiction petition-denial third-circuit |
Did the United States Court of Appeals for the Third Circuit err in affirming Mr. Rush's Denial of Habeas Corpus? |
| 23-6594 |
Noemy Ramirez-Gomez v. United States |
Fifth Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6596 |
Kenneth Roshaun Reid v. United States District Court for the District of South Carolina |
Fourth Circuit |
2024-01-26 |
Dismissed |
Response WaivedIFP |
board-of-immigration-appeals child-status-protection-act criminal-procedure discretion discretionary-review fair-sentencing-act immigration-law plain-error priority-date retroactivity sentencing statutory-interpretation |
Did the District Court abuse its discretion when it refused to apply the Fair Sentencing Act of 2010 to Kenneth Roshaun Qedens |
| 23-6597 |
Abraham Fagot Mejia v. Florida |
Florida |
2024-01-26 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6564 |
Jerome M. Teats v. Brandon Watwood, Warden |
Sixth Circuit |
2024-01-25 |
Denied |
IFP |
collateral-proceeding collateral-review criminal-procedure due-process exhaustion-doctrine exhaustion-rule habeas-corpus martinez-rule martinez-v-ryan state-procedural-framework tennessee |
Did the decision in Martinez v Ryan require claims to be raised beyond the initial collateral proceeding for exhaustion purposes in Tennessee and othe… |
| 23-6567 |
Jonathan David Wilke v. Wisconsin |
Wisconsin |
2024-01-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process forfeiture harmless-error lineup photo-array witness-identification |
Was the Wisconsin Court of Appeals decision an erroneous application of law? |
| 23-6573 |
Brenda Evers Andrew v. Tamika White, Warden |
Tenth Circuit |
2024-01-25 |
GVR |
Amici (3)Relisted (23)IFP |
criminal-procedure cumulative-error due-process gender-presentation gender-stereotyping miranda-rights miranda-violation motherhood prosecutorial-misconduct sex-based-stereotypes sexual-discrimination sexual-history |
Whether clearly established federal law as determined by this Court forbids the prosecution's use of a woman's plainly irrelevant sexual history, gend… |
| 23-6575 |
Racardo Jackson v. Ken Clark, Warden |
Ninth Circuit |
2024-01-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment impeachment miranda-warnings selective-silence self-incrimination |
Whether a suspect's 'selective silence' after receiving Miranda warnings may be used by the state to establish guilt at trial |
| 23-6579 |
Jamaal A. Hameen v. United States |
Eleventh Circuit |
2024-01-25 |
GVR |
Relisted (3)IFP |
armed-career-criminal-act commerce-clause criminal-procedure drug-schedules federal-drug-schedules federal-firearm-offense firearm-offense prior-state-drug-offense sentencing-enhancement serious-drug-offense state-drug-offense |
Whether the 'serious drug offense' definition in the Armed Career Criminal Act (ACCA) incorporates the federal drug schedules in effect at the time of… |
| 23-6580 |
Charles Ramon, III, aka Charles Roger Ramon v. United States |
Tenth Circuit |
2024-01-25 |
Denied |
Response WaivedIFP |
evidence fourth-amendment privacy-expectation probation probation-conditions reasonable-suspicion search-and-seizure supervised-release warrantless-search |
Whether the Fourth Amendment required U.S. Probation to conform its conduct to the text of the release condition imposed on Petitioner |
| 23-802 |
William Bembury v. Kentucky |
Kentucky |
2024-01-25 |
Denied |
Amici (2) |
backpack criminal-procedure evidence-seizure fourth-amendment luggage probable-cause purse search-incident-to-arrest warrant-requirement |
Does the exception to the Fourth Amendment's warrant requirement for searches incident to arrest permit a warrantless search of a backpack, purse, lug… |
| 23-6551 |
Steven McGauley v. Illinois |
Illinois |
2024-01-24 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure criminal-proceedings critical-stage due-process effective-assistance ineffective-assistance-of-counsel jury-bias right-to-counsel sixth-amendment standing |
Whether the trial court erred in denying McGauley's motion for a mistrial based on possible jury bias and failing to take remedial measures, and wheth… |
| 23-6553 |
Danjuan Antonio McBride v. Virginia |
Virginia |
2024-01-24 |
Denied |
Response WaivedIFP |
acquittal criminal-procedure directed-verdict double-jeopardy fifth-amendment retrial |
Whether the Virginia Supreme Court erred in holding that the petitioner's Fifth Amendment right against double jeopardy was not violated |
| 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… |
| 23-6558 |
Freddie Quinn v. Florida |
Florida |
2024-01-24 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6524 |
Lynn Richard Norton v. United States |
Sixth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
armed-career-criminal crack-cocaine criminal-procedure drug-quantity due-process habeas-corpus ineffective-assistance obstruction-of-justice sentencing-enhancement sixth-amendment strickland-v-washington |
Whether Defense Counsel Jessica McAfee Performance Was Ineffective Assistance Under Strickland v. Washington |
| 23-6525 |
Michael Dukes v. E.M.S.A. HSA Stephanie Wood, et al. |
Third Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
civil-procedure court-proceedings due-process evidence extraordinary-circumstances judicial-procedure legal-standard material-evidence obstruction obstruction-of-justice standing |
Does obstruction preventing dispositive material evidence from being presented in court constitute 'extraordinary circumstances'? |
| 23-6532 |
Zerak Brown v. United States |
Eighth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
6th-amendment assistance-of-counsel certiorari criminal-procedure criminal-prosecution due-process jurisdiction right-to-counsel sixth-amendment |
Did the Framers intend that, in a criminal prosecution, a defendant is entitled assistance of counsel, under the 6th Amendment, for all criminal prose… |
| 23-6541 |
In Re Ronald Freeman |
|
2024-01-23 |
Denied |
IFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-law criminal-procedure drug-policy due-process federal-detention habeas-corpus marijuana-offense |
Whether being in federal detention, custody is a substantial denial of Ronald Freeman's constitutional right of liberty, without sufficient cause, wit… |
| 23-6542 |
Archie Cabello, aka Archibaldo Cabello, aka Archie Cabello, Jr., aka Archie P. Cabello, aka Arquimedes Cabello, aka Archie Palumbo v. United States |
Ninth Circuit |
2024-01-23 |
Dismissed |
Response WaivedIFP |
6th-amendment 6th-amendment-counsel constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel judicial-review jurisdiction legal-jurisdiction prosecutorial-misconduct statutory-interpretation |
Whether the Court Violated its duty Under the 6th Amendment, due process Clause and 6th Amendment counsel clause |
| 23-6544 |
In Re Mo Savoy Hicks |
|
2024-01-23 |
Denied |
IFP |
appellate-jurisdiction criminal-procedure due-process emotional-harm enhancement-factor miscarriage-of-justice prejudicial-variance sentencing-guidelines third-party-harm |
Does the Minnesota sentencing guidelines enhancement factor particular cruelty in relying on emotional harm to third parties instead of conduct exacte… |
| 23-6546 |
Paul R. Hansmeier v. United States |
Eighth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus rule-of-lenity sentencing statutory-interpretation supreme-court-jurisdiction |
Whether an indictment that affirmatively alleges a course of conduct outside the scope of the charged offense can be the basis for a conviction |
| 23-6547 |
Billy J. Seabolt v. United States |
Fourth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial jury-instructions jury-trial legal-interpretation prosecutorial-conduct prosecutorial-misconduct right-to-a-fair-trial speedy-trial |
Is it a fair trial when the jury is clearly in a distressed situation during a long trial and they contradict themselves on finding guilty and not gui… |
| 23A680 |
Robert J. Rice v. United States |
Third Circuit |
2024-01-23 |
Presumed Complete |
|
criminal-procedure federal-appeal incarceration legal-review third-circuit writ-of-certiorari |
Whether the Third Circuit's decision in United States v. Rice warrants Supreme Court review based on potential legal errors in the underlying criminal… |
| 23-6527 |
Jermaine Anderson, Jr. v. Florida |
Florida |
2024-01-22 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6490 |
Johnny Patterson v. Florida |
Florida |
2024-01-18 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process florida-constitution judgment-of-acquittal procedural-due-process |
Did the court violate Petitioner Johnny Patterson procedural due process rights under the 5th and 14th Amendments under the U.S. Constitution and Arti… |
| 23-6506 |
Alpheus Elite Hamilton v. Arizona |
Arizona |
2024-01-18 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-violation criminal-procedure dna-evidence due-process false-evidence miller-v-pate prosecutorial-misconduct |
Did the State of Arizona violate the Due Process Clause when its prosecutor presented knowing use of false evidence to the jury as in Miller v. Pate, … |
| 23-6510 |
In Re Theodore C. Shove |
|
2024-01-18 |
Dismissed |
Relisted (2)IFP |
civil-rights constitutional-violation criminal-procedure due-process evidence judicial-misconduct judicial-review legal-evidence oath-of-office standing trial-procedure |
Whether there can be an appealable judgment without a valid legal search or arrest warrant, or returns of any evidence |
| 23-6514 |
Tiffany Janis v. United States |
Eighth Circuit |
2024-01-18 |
Denied |
Response WaivedIFP |
18-usc-1 18-usc-924 criminal-law criminal-procedure federal-criminal-law federal-murder-statute force-clause sentencing-enhancement statutory-interpretation violent-crime |
Whether federal second-degree murder in violation of 18 U.S.C. § 1(a) qualifies as a 'crime of violence' under the force clause in 18 U.S.C. § 924(c)(… |
| 23A661 |
Andrew Tablack v. United States |
Third Circuit |
2024-01-18 |
Presumed Complete |
|
controlled-substance criminal-procedure drug-indictment federal-crime scheduling statutory-interpretation |
Whether a federal drug indictment fails to state a valid offense when the alleged controlled substance is not explicitly scheduled in the U.S. Code or… |
| 23-6484 |
Miguel Angel Sanchez-Delgado v. United States |
Fifth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6488 |
Juan Garcia-Bertadillo v. United States |
Fifth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6489 |
Robert E. Harrison v. United States |
Eighth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence evidence-admissibility intent-knowledge prior-bad-acts prior-conviction propensity-evidence rule-404(b) rule-404b statutory-interpretation supreme-court |
Whether prior gun possession convictions are admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date |
| 23-6496 |
Irvin Harris Johnson v. United States |
District of Columbia |
2024-01-17 |
Denied |
IFP |
attorney-client-privilege criminal-procedure evidence-seizure prejudice pretrial-detention right-to-counsel sixth-amendment trial-evidence work-product-doctrine work-product-privilege |
Whether the government's seizure and use at trial of a pretrial detainee's notes reflecting his defense strategy for discussion with counsel violates … |
| 23-6497 |
Alex Marquez v. Tim Garrett, Warden, et al. |
Ninth Circuit |
2024-01-17 |
Denied |
IFP |
constitutional-rights criminal-procedure fifth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-confession miranda-warning ninth-circuit |
Did the Ninth Circuit err when Alex Marquez made a substantial showing of the denial of a constitutional right as to an inadequate Miranda warning lea… |
| 23-6499 |
Pete Manning v. United States |
Third Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
circuit-split controlled-substance criminal-procedure drug-schedules federal-law federal-sentencing sentencing-guidelines state-law time-of-consequences time-of-conviction |
Whether the term 'controlled substance' is defined by the drug schedules that existed at the time of the prior predicate conviction, or the drug sched… |
| 23-6502 |
Marwan Lamar Lamb v. United States |
Sixth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process judicial-finding preponderance-of-evidence preponderance-of-the-evidence sentencing-guidelines trial-by-jury |
Does nearly doubling a defendant's Guidelines sentence range based on a judge's finding by a preponderance of the evidence that the defendant committe… |
| 23-6503 |
David Rivera v. United States |
Ninth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
circuit-split civil-rights criminal-procedure due-process free-speech fundamental-rights pretrial-claims prosecutorial-discretion prosecutorial-vindictiveness standing |
When a defendant presents strong circumstantial evidence of possible vindictiveness beyond mere correlation, can a presumption of vindictiveness arise… |
| 23A657 |
Pedro Rodriguez v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2024-01-17 |
Presumed Complete |
|
constitutional-violation criminal-procedure due-process fair-trial post-conviction sentencing-claim |
Whether the lower court's denial of a post-conviction relief claim involving alleged constitutional violations in the petitioner's criminal trial and … |
| 23-6476 |
Phillip Thomas Green v. United States |
Sixth Circuit |
2024-01-12 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review constitutional-law criminal-procedure due-process federal-sentencing presumption-of-reasonableness rebuttal sentencing-guidelines |
What is required of defendants to provide a genuine rebuttal of the presumption of reasonableness for federal sentences under due process? |
| 23-6479 |
Sterling H. Roberts v. United States |
Sixth Circuit |
2024-01-12 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure declarant-unavailability forfeiture-by-wrongdoing mixed-motives primary-purpose sixth-amendment unavailability |
Whether the prosecution must prove the defendant's primary purpose for making the declarant unavailable was to prevent their testimony in the proceedi… |
| 23-6482 |
Christopher J. Barnett v. Oklahoma |
Oklahoma |
2024-01-12 |
Denied |
IFP |
appellate-review brady-rule constitutional-provisions conviction-integrity criminal-procedure due-process judicial-process legal-jurisdiction petition-review prosecutorial-misconduct supreme-court-procedure writ-of-certiorari |
Whether the trial court and the Oklahoma Court of Criminal Appeals erred in continuing to hold that the defendant's conviction stands despite a violat… |
| 23-6458 |
Mario Astudillo-Herrera v. United States |
Fifth Circuit |
2024-01-11 |
Denied |
Response WaivedIFP |
constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6459 |
Alan Osterhoudt, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-01-11 |
Denied |
Response WaivedIFP |
28-usc-2253 5th-amendment certificate-of-appealability court-of-appeals criminal-procedure fifth-amendment law-enforcement-comment mistrial-motion self-incrimination |
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 Fifth Ame… |
| 23-6460 |
Richard C. Duerson v. United States |
Sixth Circuit |
2024-01-11 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel manifest-injustice newly-discovered-evidence pro-se rule-33 sixth-amendment supervisory-power |
whether-rule-33-criteria-override |
| 23-6461 |
Luis Armando Jimenez v. United States |
Ninth Circuit |
2024-01-11 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process federal-criminal-justice federal-sentencing guidelines judicial-discretion sentencing sentencing-guidelines |
Under Rita v. United States, can a district court ignore a party's nonfrivolous arguments for a greater or lesser sentence |
| 23-6468 |
Omar A. Rahman v. Pennsylvania |
Pennsylvania |
2024-01-11 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure due-process evidence pennsylvania-superior-court right-to-counsel right-to-defense search-and-seizure suppression-of-evidence unlawful-arrest witness-testimony |
Whether the Pennsylvania Superior Court's decision conflicts with the decisions of the United States Court of Appeals and other Pennsylvania Superior … |
| 23-6447 |
Samuel Sherman v. United States |
Eighth Circuit |
2024-01-10 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-right criminal-joinder criminal-procedure prejudice prejudicial-error rule-14 rule-14-procedure sixth-amendment zafiro-precedent zafiro-v-united-states |
Whether the lower courts misapplied this Court's holding in Zafiro v. United States |
| 23-6450 |
Alfred Correa Dizon v. Vectrus Systems Corporation |
Fifth Circuit |
2024-01-10 |
Denied |
Relisted (5)IFP |
civil-procedure constitutional-rights due-process evidence evidence-exclusion fair-trial judicial-bias pro-se pro-se-litigant standing |
Whether the lower court and defense counsel violated federal rules of civil procedure, due process, and the appellant's constitutional rights |
| 23-6452 |
Shannon R. Thomas v. United States |
Eighth Circuit |
2024-01-10 |
Denied |
Response WaivedRelisted (2)IFP |
compassionate-release criminal-procedure federal-sentencing first-step-act jurisdiction jurisdictional-challenge retroactivity sentencing statutory-interpretation |
Whether a person who does not qualify for relief under the First Step Act can be convicted under 18 U.S.C. § 924(c) without jurisdiction |
| 23-6453 |
James David Welton v. United States |
Eighth Circuit |
2024-01-10 |
Denied |
Response WaivedIFP |
circuit-court civil-rights criminal-procedure due-process habeas-corpus maximum-sentence petition-review procedural-challenge sentencing state-court-conviction supervised-release supreme-court-review |
Whether the sentence of supervised release must be counted within the maximum sentence of imprisonment under 18 U.S.C. 3583(a) and 3583(e)(3) |
| 23-6438 |
Jean Jocelyn Merilien v. Andrew McFarlane, Warden, et al. |
Eleventh Circuit |
2024-01-09 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence exhaustion habeas-corpus prosecutorial-misconduct standing trial-disclosure |
Whether the Eleventh Circuit erred in concluding that Petitioner's Rule 60(b)(6) motion did not satisfy the requirements for relief under that rule |
| 23-6446 |
William Riley Gaul v. Tennessee |
Tennessee |
2024-01-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy judicial-relief jury-instructions jury-verdict logical-inconsistency multiple-count-presentment mutually-exclusive-verdicts powell-v-texas sufficiency-of-evidence |
Whether a jury's positive finding of guilt in one count of a multiple count presentment is mutually exclusive from its illogical, but positive finding… |
| 23A632 |
Carlos Guardado v. Massachusetts |
Massachusetts |
2024-01-09 |
Presumed Complete |
|
criminal-procedure double-jeopardy legal-development retrial second-amendment sufficiency-of-evidence |
Whether the Double Jeopardy Clause permits a retrial when the record from a first trial is insufficient to support a conviction based on a legal devel… |
| 23-6425 |
Christopher Daniel Taylor v. United States |
Eighth Circuit |
2024-01-08 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland brady-waiver criminal-procedure criminal-proceedings direct-appeal due-process fifth-amendment plea-agreement sentencing sentencing-phase |
whether-the-fifth-amendment's-due-process-clause-permits-courts-to-find-a-plea-agreement-waiver-that-is-silent-as-to-brady-v-maryland-constitutes-a-kn… |
| 23-6430 |
Nicholas Dwayne Jones v. United States |
Eighth Circuit |
2024-01-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ex-parte fifth-amendment fourth-amendment search-warrant truthfulness |
Does a defendant in a criminal proceeding still retain the right under the Fourth and Fourteenth Amendment to challenge the truthfulness of statements… |
| 23-6433 |
Rico Lorodge Brown v. United States |
Fourth Circuit |
2024-01-08 |
GVR |
Relisted (2)IFP |
armed-career-criminal-act constitutional-amendment criminal-law criminal-procedure due-process fifth-amendment indictment jury-finding sentencing sixth-amendment statutory-interpretation statutory-penalty |
Whether the different-occasions element of the Armed Career Criminal Act must be charged in the indictment and either admitted as part of a guilty ple… |
| 23-6434 |
Pascal Gedeon v. United States District Court for the Eastern District of Pennsylvania |
Third Circuit |
2024-01-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment judicial-discretion mandamus pretrial-motions speedy-trial-act vagueness |
Whether delays resulting from pretrial motions can be excluded under the Speedy Trial Act |
| 23-6435 |
Norman Williams v. Colorado Department of Corrections Time Computation Department, et al. |
Colorado |
2024-01-08 |
Denied |
Response WaivedIFP |
colorado-dept-of-corrections conviction-classification criminal-procedure due-process non-categorical-approach prior-convictions sentence-enhancement sentencing-enhancement time-computation violent-crime |
Does § 17-22.5-403 C.R.S. violate due-process, sentence-enhancement, time-computation, non-categorical-approach, colorado-dept-of-corrections, prior-c… |
| 23-6441 |
Marc Hernandez v. United States |
Third Circuit |
2024-01-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure integrity-of-courts judicial-integrity plain-error structural-error substantial-rights |
Should this Court's decision in United States v. Olano be overruled in part? |
| 23-6415 |
Christian Cruz v. Florida |
Florida |
2024-01-05 |
Denied |
IFP |
capital-case capital-punishment criminal-procedure death-penalty due-process equal-protection first-degree-murder pulley-v-harris relative-culpability sentencing supreme-court-review |
Whether the affirmance by the Supreme Court of the State of Florida of defendant's conviction for first degree murder and sentence of death was clearl… |
| 23-6417 |
Ralph Hall v. New York |
New York |
2024-01-05 |
Denied |
IFP |
civil-rights compelled-speech constitutional-rights criminal-procedure due-process first-amendment free-speech government-speech prosecutorial-discretion sentencing |
Whether the First Amendment prohibits the government from compelling speech that contradicts the government's own message |
| 23-6420 |
Orlando S. Burgos v. Martin Gamboa, Warden |
Ninth Circuit |
2024-01-05 |
Denied |
Response WaivedIFP |
bias confrontation-clause criminal-procedure cross-examination habeas-corpus harmless-error motive-to-lie sole-evidence witness-bias |
Whether a Confrontation Clause error can ever be harmless when an accused is prevented from cross-examining the key government witness—a witness who s… |
| 23-6422 |
Raymond J. Kraynak v. United States |
Third Circuit |
2024-01-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea |
Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant hi… |
| 23-6410 |
Pedro Pena-Talamantes v. United States |
Fifth Circuit |
2024-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6411 |
Gilberto Salvador Cortez-Garcia v. United States |
Fifth Circuit |
2024-01-04 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6412 |
Jose Eugenio Pavon-Rivera v. United States |
Fifth Circuit |
2024-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6413 |
Donald Bill Smith v. United States |
Eighth Circuit |
2024-01-04 |
Denied |
Response WaivedIFP |
18-usc-1512 burden-of-proof circuit-split criminal-procedure criminal-statute drug-conspiracy mens-rea official-proceeding witness-tampering |
Whether the witness tampering resulting in death statute, 18 U.S.C. §§1512(a)(1)(A) and (k), requires the Government to prove beyond a reasonable doub… |
| 23-721 |
Gayle Killilea v. Richard M. Coan, et al. |
Second Circuit |
2024-01-04 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
avoidance-action bankruptcy-law civil-procedure evidence expert-testimony federal-rules-of-evidence jury property-transfer rules-of-evidence statutory-interpretation trust |
Whether expert testimony may be excluded under Rules 702 and 704 because the expert offers an opinion on the relevant question of fact |
| 23-6402 |
Vidal Orellana-Sibrian v. United States |
Fifth Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6404 |
Jamar Hunter v. United States |
Third Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-review constitutional-law constitutional-violation criminal-procedure exclusionary-rule fourth-amendment search-and-seizure suppression-of-evidence |
Was the Third Circuit's reversal of Petitioner's suppression of physical evidence in violation of the Fourth Amendment of the United States Constituti… |
| 23-6405 |
Brian K. Allen v. United States |
Eighth Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process evidentiary-hearing federal-circuit fundamental-rights plea-agreement sentencing sentencing-procedure |
Whether the near consensus Federal Circuit Courts of Appeals' application of plea agreement appeal waivers as to subsequent sentencing proceedings, wh… |
| 23-6406 |
Jamal Eberhardt v. United States |
Third Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-standard criminal-procedure due-process excessive-sentence judicial-discretion reasonableness-standard sentencing sentencing-guidelines sentencing-review third-circuit |
Did the Third Circuit error by not finding Mr. Eberhardt's sentence was harsh and excessive? |
| 23-6408 |
Jade LaRoche v. United States |
Eighth Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment |
Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments |
| 23A613 |
Michael Jonathon Carlson v. Arizona |
Arizona |
2024-01-03 |
Presumed Complete |
|
capital-case constitutional-error criminal-procedure fair-trial postconviction-relief supreme-court-review |
Whether the Arizona Supreme Court's denial of postconviction relief violated the defendant's constitutional right to a fair trial in a capital case |
| 23A619 |
Steven Antonius, aka Sealed Defendant 1, Shervington Lovell, aka Sealed Defendant 1, Argemiro Zapata-Castro, aka Sealed Defendant 1 v. United States |
Second Circuit |
2024-01-03 |
Presumed Complete |
|
criminal-procedure ineffective-assistance notice-of-appeal procedural-default right-to-counsel sixth-amendment |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when counsel fails to timely file a notice of appe… |
| 23-6400 |
Michael Hewitt v. United States |
Second Circuit |
2024-01-02 |
Denied |
Response WaivedIFP |
conspiracy criminal-law double-jeopardy drug-distribution evidence jury-instructions |
Should the trial court have acquitted Petitioner of conspiracy to distribute methamphetamine |
| 23-6401 |
Wayne Johnson v. Contra Costa County Clerk Recorder, et al. |
Ninth Circuit |
2024-01-02 |
Denied |
Response WaivedIFP |
administrative-misconduct civil-rights court-immunity court-reporter criminal-procedure defendant-rights due-process immunity judicial-proceedings procedural-error standing state-court |
Whether a court reporter in a state criminal action is entitled to immunity for failing to record objections made by parties in a criminal preceding t… |
| 23-6396 |
Eleuterio Covarrubias-Martinez v. United States |
Fifth Circuit |
2023-12-29 |
Denied |
Response WaivedIFP |
constitutional-analysis constitutional-law criminal-law criminal-procedure due-process judicial-precedent precedent precedent-overruling sentencing statutory-interpretation supreme-court-review |
Whether the Court should overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998) |
| 23-6397 |
Jaime Rivera v. United States |
Second Circuit |
2023-12-29 |
Denied |
Response WaivedIFP |
18-usc-924 circuit-split criminal-law criminal-procedure federal-statute force physical-force physical-inaction statutory-interpretation |
Whether a crime of physical inaction ever 'has as an element the use, attempted use, or threatened use of physical force against the person or propert… |
| 23-6377 |
Ryan F. Duncan v. Florida Commission on Offender Review |
Florida |
2023-12-28 |
Denied |
IFP |
5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process equal-protection judicial-discretion prior-conviction sentencing sentencing-enhancement |
Whether the Double Jeopardy Clause of the Constitution provides immunity from prosecution for a defendant who has already been punished for the same o… |
| 23-6378 |
Gilmer Diaz-Jaramillo v. United States |
First Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
criminal-jurisdiction criminal-procedure define-and-punish-clause due-process felony-on-high-seas foreign-nationals interlocutory-review maritime-drug-enforcement maritime-law standing subject-matter-jurisdiction |
Whether denial of a pretrial challenge to the court's subject matter jurisdiction under the Maritime Drug Enforcement Law warrants interlocutory revie… |
| 23-6385 |
Alfonso Garcia-Vela v. United States |
Fifth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
almendarez-torres burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6386 |
Michael Andrew King, Jr. v. United States |
Fourth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
appellate-review credibility-determination criminal-procedure due-process due-process-rights evidence jury-instructions jury-trial mask-obstruction witness-credibility witness-testimony |
Whether an appellate court's traditional deference to credibility determinations made by jurors in returning a guilty verdict should give way where th… |
| 23-6387 |
Montgomery Lebeau v. United States |
Eighth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
anticipated-imprisonment concurrent-sentence concurrent-sentences criminal-procedure federal-sentencing judicial-interpretation same-incident sentencing-guidelines state-charges ussg-5g1.3(c) |
Whether a pending state charge arising out of the same incident as the federal case plainly qualifies as 'anticipated' under USSG § 5G1.3(c)? |
| 23-6388 |
Christopher J. Barnett v. David Guten, District Judge, District Court of Tulsa County, Oklahoma |
Oklahoma |
2023-12-28 |
Denied |
IFP |
access-to-courts civil-rights constitutional-rights criminal-procedure due-process habeas-corpus indigent-pro-se ineffective-assistance judicial-bias post-conviction-relief standing |
Whether the judge's bias against the petitioner justifies recusal and whether the court's denial of access to the courts based on the petitioner's ind… |
| 23-6392 |
Phillip Watkins v. United States |
Sixth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment |
Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regarding the fact his Gui… |
| 23-6394 |
Andrew Tablack v. United States |
Third Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
21-usc-841 controlled-substance controlled-substances criminal-law criminal-procedure drug-offense federal-statute indictment indictment-defect scheduling statutory-interpretation |
Is there a legal element in 21 U.S.C. 841(a)(1) that requires the CDS named in the indictment to be listed on the Controlled Substance Schedules at th… |
| 23-6354 |
Devonte Easterling, aka Devontae Easterling v. Mississippi |
Mississippi |
2023-12-27 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel |
Whether the petitioner is eligible for a new trial based on newly discovered evidence |
| 23-6355 |
Allan Leslie Sinanan, Jr. v. Pennsylvania |
Pennsylvania |
2023-12-27 |
Denied |
IFP |
article-1-section-8 criminal-procedure drug-buys dunaway-v-new-york fourth-amendment probable-cause strickland-standard terry-stop terry-v-ohio warrantless-arrest |
Whether the Pennsylvania judiciary's application of the Strickland/Pierce standard was unreasonable |
| 23-6356 |
Mohammad Sharifi v. Alabama |
Alabama |
2023-12-27 |
Denied |
Relisted (2)IFP |
actual-innocent armed-evidence constitutional-search criminal-procedure direct-evidence due-process evidence-admissibility forensic-evidence fourth-amendment police-misconduct reasonable-doubt trial-judge |
Question not identified |
| 23-6358 |
Devadrick Markevin Booker v. United States |
Fifth Circuit |
2023-12-27 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process jury-instructions prosecutorial-evidence reasonable-doubt standard-of-review sufficiency-of-evidence |
Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return guilty verdicts… |
| 23-6359 |
Davin Chaz Nevins v. United States |
Fifth Circuit |
2023-12-27 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process sentencing sixth-amendment supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-6360 |
In Re Burt Setts |
|
2023-12-27 |
Dismissed |
Relisted (2)IFP |
5th-amendment capital-conviction civil-rights constitutional-rights criminal-procedure due-process grand-jury indictment |
Whether the petitioner's due process rights were violated by the holding that the petitioner was not entitled to a grand jury indictment |
| 23-6364 |
Luis Guridi v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2023-12-27 |
Denied |
IFP |
administrative-law civil-rights constitutional-law criminal-procedure due-process habeas-corpus judicial-review legal-procedure sentencing statutory-interpretation |
Whether the defendant's sentence for second-degree murder was unconstitutional due to the sentencing court's error in applying the wrong sentencing la… |
| 23-6368 |
In Re Damion Hardy |
|
2023-12-27 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process jurisdiction legal-document petition standing supreme-court writ-of-certiorari |
Whether the United States government's actions against the petitioner are lawful |
| 23-6369 |
Joseph R. Cyr v. Steven Harpe, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2023-12-27 |
Denied |
Relisted (2)IFP |
burden-of-proof conclusive-presumption criminal-procedure due-process jury-instructions malice-aforethought sandstrom-standard sandstrom-v-montana |
Whether the trial court's jury charge violated the defendant's due process rights by creating an impermissible conclusive presumption that relieved th… |
| 23-692 |
Zachariah Minix v. Kentucky |
Kentucky |
2023-12-27 |
Denied |
Response Waived |
abuse-of-discretion criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment parole-eligibility plea-agreement plea-withdrawal |
Were the Petitioner's federal due-process rights violated when the Adair County Circuit Court denied the Petitioner's request to withdraw his plea of … |
| 23-693 |
Yi-Chi Shih, aka Yugi Shi, aka Yichi Shih v. United States |
Ninth Circuit |
2023-12-27 |
Denied |
Response Waived |
administrative-law agency-interpretation criminal-law criminal-procedure deference export-controls regulatory-interpretation skidmore-deference technical-regulations |
Whether district courts may give Skidmore deference to an agency's interpretation of its own technical regulations when offered by one of its represen… |
| 23-6341 |
Tramaine Edward Martin v. Jay Forshey, Warden |
Sixth Circuit |
2023-12-26 |
Denied |
Response WaivedIFP |
abuse-of-process civil-rights criminal-procedure double-jeopardy due-process evidence evidence-sufficiency habeas-corpus judicial-misconduct |
Does habeas corpus stand to correct the abuse of process involved in deliberate deception of a court by presentation of known false evidence? |
| 23-6342 |
Ya-Sin El-Amin Shakir v. Tina Walker, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2023-12-26 |
Denied |
IFP |
appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-review jury-finding mental-health sufficiency-of-evidence |
Whether a court may uphold a conviction where the record demonstrates insufficient evidence to support the finding of guilt |
| 23-6343 |
Patrick Bowie v. Mark Miller, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2023-12-26 |
Denied |
Response WaivedIFP |
authentication confrontation-clause crawford-v-washington criminal-procedure due-process evidence-authentication hearsay ineffective-assistance ineffective-assistance-of-counsel strickland-v-washington |
Is the right to confrontation violated when inculpatory letters are admitted into evidence without a statement by a handwriting expert? |
| 23-6344 |
Michael Broomer v. Delaware |
Delaware |
2023-12-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct racial-discrimination sixth-amendment trial-counsel |
Questions Presented |
| 23-6346 |
Walter Freeman Jordan, III v. United States |
Fifth Circuit |
2023-12-26 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process federal-appeal habeas-corpus ineffective-assistance-of-counsel judicial-review legal-petition sentencing sixth-amendment supreme-court writ-of-certiorari |
Whether the Sixth Circuit Court of Appeals erred in affirming the district court's denial of Petitioner's motion to vacate his sentence under 28 U.S.C… |
| 23-6348 |
Danial Leanos v. Illinois |
Illinois |
2023-12-26 |
Denied |
Response WaivedIFP |
confession confidentiality constitutional-rights criminal-procedure due-process interrogation interrogation-tactics miranda-rights suspect-waiver totality-of-circumstances |
Should an interrogator's promise of confidentiality invalidate a suspect's Miranda waiver only if it immediately induces them to confess, or should it… |
| 23-6351 |
Jerome Terry, Jr. v. United States |
Ninth Circuit |
2023-12-26 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process jurisdiction jurisdictional-defect ninth-circuit notice sentencing sentencing-departure upward-departure waiver |
Whether the Ninth Circuit erred in dismissing the appeal |
| 23-6352 |
LaDerrius Williams v. Illinois |
Illinois |
2023-12-26 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-arrest criminal-procedure due-process owner-driver-inference probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-ownership |
Whether Glover's owner-driver inference constitutes probable cause to arrest a vehicle's owner for a crime involving the vehicle, even if the police c… |
| 23-6330 |
Raymond Ghaloustian v. United States |
Ninth Circuit |
2023-12-22 |
Denied |
Response WaivedIFP |
appeal appellate-procedure criminal-procedure due-process exclusionary-rule harmless-error harrison-v-united-states miranda-rights miranda-warning opening-brief |
Does a defendant forfeit reliance upon Harrison by failing to anticipate in his opening brief on appeal that the Government would argue violations of … |
| 23-6332 |
Antonio Misael Rivera-Lopez v. United States |
Fifth Circuit |
2023-12-22 |
Denied |
Response WaivedIFP |
appellate-procedure case-law circuit-split criminal-procedure harmless-error judicial-review legal-precedent precedent procedural-error sentencing standard-of-review |
Whether Holguin-Hernandez v. United States, __U.S.__, 140 8.Ct. 762 (2020), applies to claims of procedural error |
| 23-6333 |
Nora Gilda Guevara Triana v. United States |
Eighth Circuit |
2023-12-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eighth-circuit evidence-rule fair-trial rule-of-completeness special-verdict standard-of-review supreme-court-precedent u.s.-v.-griffin |
Whether the Eighth Circuit Court's failure to follow precedent violated the petitioner's right to a fair trial |
| 23-6335 |
Devonne L. Walker v. United States |
Eleventh Circuit |
2023-12-22 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-leadership criminal-organization criminal-procedure criminal-sentencing firearm-possession guideline-enhancement leadership sentencing-guidelines sentencing-review |
Whether the lower court erred in applying a 4-level increase pursuant to U.S. Sentencing Guideline § 3B1.1(a) in determining the Petitioner to be an o… |
| 23-6339 |
Juan Guzman, aka Juan Villarreal-Guzman, aka Juan Guzman-Villareal, aka Victor Nava, aka Francisco Lara, aka Francisco Lara-Paramo, aka Ayala Ramoro, aka Carlos Solorio, aka Daniel Solorio, aka Flaco v. United States |
Eighth Circuit |
2023-12-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion assault-with-a-firearm criminal-procedure district-court district-court-discretion evidence-admission firearm-possession prior-allegation prior-bad-acts sixth-circuit |
Does a District Court prejudicially abuse its discretion in a firearm-possession case when it receives evidence about a prior, unrelated allegation of… |
| 23-6320 |
Santiago Salazar-Ramirez v. United States |
Fifth Circuit |
2023-12-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6323 |
Ryan F. Duncan v. Florida |
Florida |
2023-12-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process identification-evidence mandatory-minimum parole photo-array plea-bargaining sentencing witness-testimony |
Does a criminal court deprive a defendant of due process by accepting a guilty plea without informing them about a mandatory term of parole as a requi… |
| 23-6325 |
James E. Downs v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2023-12-21 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection florida-statute habitual-offender sentencing sentencing-guidelines |
Whether petitioner's 14th Amendment right to equal protection and proportionality of sentence has been violated |
| 23-6308 |
Ariel Garcia-Pelico v. Nebraska |
Nebraska |
2023-12-20 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel investigative-procedures judicial-discretion motion-to-reopen procedural-fairness sixth-amendment strickland-v-washington |
Were the trial counsel's actions below the Strickland v. Washington standards? |
| 23-666 |
James T. Cunningham v. United States |
Armed Forces |
2023-12-20 |
Denied |
|
court-martial criminal-procedure due-process military-justice non-unanimous-verdict prejudice-test sentencing unanimous-verdict victim-impact-statement |
Whether Senior Airman James T. Cunningham was entitled to a unanimous verdict in his court-martial when the Government convicted him of murder—a serio… |
| 23-6304 |
Onterrious V. Tillman v. Florida |
Florida |
2023-12-19 |
Denied |
Relisted (5)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23A566 |
Areli Escobar v. Texas |
Texas |
2023-12-19 |
Presumed Complete |
|
constitutional-rights criminal-procedure dna-evidence due-process forensic-science scientific-reliability |
Whether the use of scientifically unreliable forensic DNA evidence that was concededly false and misleading violates a criminal defendant's constituti… |
| 23-6281 |
Laquince T. Hogan v. Dexter Payne, Director, Arkansas Division of Correction |
Arkansas |
2023-12-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus oral-amendment sixth-amendment uncharged-offense |
Whether the Arkansas Supreme Court denied Mr. Hogan due process of law under the Fifth, Sixth and Fourteenth Amendments |
| 23-6283 |
Stacy Anthony Mitchell v. Arkansas |
Arkansas |
2023-12-18 |
Denied |
Response WaivedIFP |
choice-of-counsel constitutional-rights criminal-procedure due-process indigent-defendant right-to-counsel sixth-amendment trial-court-discretion |
Does a trial court's denial of an indigent criminal defendant's choice of privately retained counsel, who is ready, willing, and able to proceed to tr… |
| 23-6289 |
Wisben Sanon v. Florida |
Florida |
2023-12-18 |
Denied |
Relisted (5)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6293 |
Shallon Hawkins v. David Vandergriff, Warden |
Eighth Circuit |
2023-12-18 |
Denied |
Relisted (2)IFP |
actual-innocence civil-rights criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance-of-counsel motion-to-suppress newly-discovered-evidence prosecutorial-misconduct trial-court |
Did the United States District Court err by denying my claims for procedural default relief under Schlup, Glenn, fundamental fairness, newly discovere… |
| 23-6297 |
Kevin Hewlett v. United States |
Fourth Circuit |
2023-12-18 |
Denied |
Response WaivedIFP |
18-usc-2251 cellphone-evidence child-pornography commerce-clause criminal-conduct criminal-law criminal-procedure interstate-commerce jury-instruction mens-rea |
Whether the use of a cellphone in criminal conduct is a sufficient nexus to interstate commerce |
| 23-6267 |
Jose Gonzalez, III v. Texas |
Texas |
2023-12-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent right-to-counsel right-to-remain-silent sixth-amendment trial-procedure |
Is McCoy v Louisiana a logical extension of Florida V Nixon when concession of Petitioner's guilt was never discussed prior to trial? |
| 23-6270 |
Tony French v. Washington |
Washington |
2023-12-15 |
Denied |
IFP |
civil-rights constitutional-rights due-process evidence police-misconduct property-rights search-and-seizure self-defense state-action vehicle-destruction vehicle-seizure |
Were the petitioner's due process rights violated when the Pierce County Sheriff's Department caused the loss and destruction of the vehicle the petit… |
| 23-6271 |
Tyrone Maddox v. Illinois |
Illinois |
2023-12-15 |
Denied |
IFP |
criminal-procedure evidence evidence-admissibility intent intent-element judicial-discretion narcotics-charge prejudice prejudicial-evidence prior-conviction prior-convictions probative-value |
Whether the trial court erred in admitting Tyrone Maddox's 20-year-old prior conviction for delivery of narcotics on the issue of intent, where the pr… |
| 23-6272 |
In Re Bruce Lamont Fuller |
|
2023-12-15 |
Denied |
IFP |
civil-rights constitutional-provisions corpus-delicti criminal-procedure due-process evidence jurisdiction standing statewide-importance statutory-provisions |
How shall we have a conclusive answer of corpus delcti of statewide importance when their has not been an effective ascertainment of expeditious truth… |
| 23-6275 |
Samuel Trelawney Hughes v. United States |
Ninth Circuit |
2023-12-15 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process ineffective-assistance plea-bargaining sentencing |
Whether the petitioner's appeal was improperly denied |
| 23-6279 |
Ismael Robles-Perez v. United States |
Fifth Circuit |
2023-12-15 |
Denied |
Response WaivedIFP |
Almendarez-Torres almendarez-torres-precedent constitutional-provisions criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-650 |
Laura Jordan and Mark Jordan v. United States |
Fifth Circuit |
2023-12-15 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
alternative-theory appellate-review constitutional-error criminal-procedure due-process harmless-error jury-instructions structural-error sufficiency-of-evidence |
Whether an appellate court's harmless-error analysis must decline to find constitutional alternative theory error harmless |
| 23A557 |
William Newkirk v. Florida |
Florida |
2023-12-15 |
Presumed Complete |
|
constitutional-rights criminal-procedure due-process fundamental-error life-sentence sentencing-hearing |
Whether a trial court's failure to conduct a sentencing hearing and permit allocution violates a defendant's constitutional due process rights when im… |
| 23A547 |
Eric Lavell Minter v. United States |
Sixth Circuit |
2023-12-14 |
Presumed Complete |
|
abuse-of-discretion criminal-procedure fact-finding jury-trial sentencing-enhancement sixth-amendment |
Whether a district court's fact-finding at sentencing that lacks explicit reasoning for selecting among competing inferences violates a defendant's Si… |
| 23-6241 |
Mark Emmanuel Martinez v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety |
Fourth Circuit |
2023-12-14 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence civil-rights constitutional-provisions criminal-procedure due-process habeas-corpus jurisdictional-issues legal-procedure statute-of-limitations statutory-interpretation |
Whether the court erred in excluding exculpatory electronic evidence that could have proven the petitioner's actual innocence |
| 23-6259 |
Bryan Lee Ogle v. United States |
Fourth Circuit |
2023-12-14 |
Denied |
Response WaivedIFP |
aggravated-assault armed-career-criminal-act criminal-procedure federal-jurisdiction most-innocent-conduct sentencing-enhancement statutory-interpretation tennessee-statute violent-felony |
Whether the district court erred in applying an enhanced sentence, pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e), to Mr. Ogle at sente… |
| 23-6260 |
Charles E. Linder, Jr. v. Kenneth Black, Warden |
Sixth Circuit |
2023-12-14 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure detective-testimony evidence evidentiary-objection firearm ineffective-assistance sixth-amendment testimony witness-credibility |
Whether trial counsel was ineffective in violation of the Sixth Amendment due to failure to object to testimony |
| 23-6262 |
Raymond Clyde Robideau v. Minnesota |
Minnesota |
2023-12-14 |
Denied |
IFP |
aggravating-factors constitutional-rights criminal-procedure double-jeopardy judicial-discretion jury-trial jury-trial-waiver remand state-remand waiver |
Is a court required to obtain a renewed jury-trial waiver when the State amends its Aggravating Factor[s] after remand from State's Highest Court, and… |
| 23-6263 |
Freddy Abad v. United States |
Second Circuit |
2023-12-14 |
Denied |
Response WaivedIFP |
924(c) 924(j) criminal-charging criminal-procedure double-jeopardy federal-criminal-law lora-v-united-states robbery-conspiracy sentencing-enhancement statutory-interpretation unit-of-prosecution united-states-v-davis |
Whether the two §$§ 924(C), 924(J) Counts Five and Six, were based on a single 'unit of prosectution |
| 23-6265 |
Timothy Dean Stone v. Texas |
Texas |
2023-12-14 |
Denied |
Response WaivedIFP |
actual-innocence criminal-procedure due-process habeas-corpus judicial-review schlup-standard state-procedural-ground state-procedural-grounds texas-criminal-procedure texas-law writ-application |
Whether the Texas Court of Criminal Appeals' holding that Texas Code of Criminal Procedure Article 11.07 section 4(a)(2) precluded consideration of th… |
| 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… |
| 23-6242 |
Francisco Mora-Carrillo v. United States |
Fifth Circuit |
2023-12-13 |
Denied |
Response WaivedIFP |
almendarez-torres Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial precedent-overturning sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6245 |
Donato Lopez-Arellano v. United States |
Fifth Circuit |
2023-12-13 |
Denied |
Response WaivedIFP |
case-precedent constitutional-law criminal-procedure due-process fifth-circuit judicial-review precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6252 |
Juan Antonio Guerrero-Lazaro v. United States |
Fifth Circuit |
2023-12-13 |
Denied |
Response WaivedIFP |
case-law constitutional-interpretation criminal-procedure due-process judicial-procedure jury-trial legal-precedent precedent-overruling sentencing stare-decisis statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6254 |
William Graves, III v. Florida |
Florida |
2023-12-13 |
Denied |
Response WaivedRelisted (2)IFP |
access-to-courts appellate-procedure constitutional-rights criminal-procedure due-process equal-protection first-amendment fourteenth-amendment pro-se-litigant pro-se-litigants |
Whether the state of Florida has created rules of criminal and appellate procedure that arbitrarily and unreasonably encroaches upon the personal righ… |
| 23-638 |
Kenneth Wendell Ravenell v. United States |
Fourth Circuit |
2023-12-13 |
Denied |
Amici (2) |
burden-of-proof circuit-split conspiracy criminal-conspiracy criminal-procedure federal-prosecution jury-instructions money-laundering non-overt-act-conspiracy statute-of-limitations |
Whether the government bears the burden of proving to a jury that a non-overt-act conspiracy existed within the limitations period |
| 23A541 |
Carl Ray McNeil, Jr. v. United States |
Fourth Circuit |
2023-12-13 |
Presumed Complete |
|
appellate-rights constitutional-review criminal-procedure due-process federal-criminal-law fourth-circuit |
Whether the Fourth Circuit's interpretation of a federal criminal procedural rule improperly limits a defendant's constitutional right to effective ap… |
| 23-6240 |
Jesus Salvador Gonzalez-Lunar v. United States |
First Circuit |
2023-12-12 |
Denied |
Response WaivedIFP |
constitutional-interpretation covered-vessel criminal-procedure due-process jurisdictional-determination jury-trial maritime-law proof-beyond-reasonable-doubt sentencing statutory-interpretation |
Whether the Constitution requires a jury trial and proof beyond a reasonable doubt, or an adequate factual basis during a guilty plea, to find that a … |
| 23-631 |
Hollis Morrison Greenlaw, et al. v. United States |
Fifth Circuit |
2023-12-12 |
Denied |
|
appellate-review constitutional-error criminal-procedure harmless-error intent-to-defraud jury-instructions scheme-to-defraud structural-error |
Whether harmless-error analysis of jury instructions that omitted or misdefined an element must decline to find that constitutional error harmless |
| 23-6225 |
Michael Ramsey v. Matthew J. Platkin, Attorney General of New Jersey, et al. |
Third Circuit |
2023-12-11 |
Denied |
IFP |
constitutional-rights criminal-procedure defendant-rights due-process negotiation-strategy plea-bargaining plea-negotiations right-to-claim-innocence |
Does Petitioner give up the right to claim innocence as a bargaining tool during plea negotiations? |
| 23A526 |
Jacob Smith v. Nethanjah Breitenbach, Warden, et al. |
Ninth Circuit |
2023-12-11 |
Presumed Complete |
|
constitutional-right criminal-procedure faretta-right preliminary-hearing self-representation sixth-amendment |
Whether the Sixth Amendment right to self-representation established in Faretta applies to preliminary hearings in state criminal proceedings |
| 23-618 |
Delano Marco Medina v. Colorado |
Colorado |
2023-12-08 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
burden-of-proof constitutional-law criminal-conviction criminal-procedure defendant-rights due-process guilty-plea judicial-procedure judicial-review legal-standard |
whether-it-is-consistent-with-due-process-to-convict-a-criminal-defendant-without-finding-the-defendant-is-guilty |
| 23-6199 |
Trayvon Hall v. United States |
Fourth Circuit |
2023-12-08 |
Denied |
Response WaivedIFP |
constitutional-challenge constitutional-rights court-procedure criminal-procedure criminal-sentencing due-process judicial-pronouncement life-sentence plain-language sentencing statutory-interpretation |
Is a criminal defendant constitutionally entitled to have his sentence executed pursuant to the plain terms of the sentence orally pronounced in his p… |
| 23-6207 |
Ottis J. Cummings Jr., aka Ottis Junior Cummings, aka Otis Cummings, aka Ottis J. Commings, aka Otis J. Cummings v. Mississippi |
Mississippi |
2023-12-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance plea-negotiations sex-discrimination standing trial-counsel |
Whether the Court denied Petitioner due process proceedings due to allegedly McKay's sex? |
| 23-6193 |
Steven Vincent Smith v. United States |
Eleventh Circuit |
2023-12-07 |
Denied |
Response WaivedRelisted (2)IFP |
brady-material criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-and-seizure suppression-of-evidence void-ab-initio warrant-validity warrantless-search |
Does the determination that a warrant is void ab initio, rendering the resultant search of the Petitioner's residence warrantless (and thus unreasonab… |
| 23-6194 |
Christopher Andrew Canales v. Nathan Hoffman, Acting Warden |
Sixth Circuit |
2023-12-07 |
Denied |
IFP |
constitutional-rights criminal-procedure discovery-rights due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-discovery voluntariness-of-plea |
Whether petitioner should be entitled to full discovery (inculpatory and exculpatory) during the plea bargaining process |
| 23-613 |
Luis Soto Soto, et al. v. Yashira Quiles Carrasquillo |
Puerto Rico |
2023-12-07 |
Denied |
|
civil-rights constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure |
Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 23-6182 |
Joshua Anthony Peterman v. Mississippi |
Mississippi |
2023-12-07 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process habitual-offender indictment ineffective-assistance judicial-bias jury-indictment prosecutorial-bias sentencing speedy-trial |
Whether the trial court erred in amending the indictment, affecting trial and sentencing |
| 23-6187 |
Jamar Green v. United States |
Fourth Circuit |
2023-12-07 |
Rehearing |
Response RequestedResponse WaivedRelisted (3)IFP |
appellate-review constitutional-validity criminal-procedure due-process federal-criminal-procedure guilty-plea plea-bargaining pro-se-representation right-to-counsel sentencing waiver-of-counsel waiver-of-rights |
Whether an uncounseled felony guilty plea is Constitutionally valid |
| 23-6192 |
David Lewis Holland v. Texas |
Texas |
2023-12-07 |
Denied |
IFP |
appellate-procedure appellate-review case-law constitutional-law constitutional-provision criminal-procedure defendant-rights due-process right-to-counsel speedy-trial trial-preparation |
Whether the new Speedy Trial requirement created by the Texas 7th Court of Appeals in the instant case is in conflict with current case law precedent,… |
| 23-6158 |
Derrick Hunt v. United States |
Eleventh Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
4th-amendment child-pornography criminal-procedure evidence fourth-amendment motion-to-suppress probable-cause search-and-seizure search-warrant |
Did the District Court abuse its discretion in denying Defendant's motion to suppress the search of his computer? |
| 23-6169 |
Juan Carlos Soto v. United States |
Fourth Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
18-USC-3553 appeal appellate-review criminal-procedure double-jeopardy due-process federal-sentencing ninth-circuit-court remand sentencing sentencing-guidelines |
Why does the Yeh Circuit Court of appeals Remand (Wmost Cases Where all of the appeal ant's Non-Frivolous Sentencing arguments are Not addressed by th… |
| 23-6171 |
Patrick Henry Hill, II v. Oklahoma |
Oklahoma |
2023-12-06 |
Denied |
IFP |
actual-innocence criminal-jurisdiction criminal-procedure forensic-pathology medical-examiner medical-examiners shaken-baby-syndrome veterans veterans-jurisdiction |
Whether Oklahoma Courts can exercise criminal jurisdiction over veterans detained in state custody based on state medical examiners' opinions when fed… |
| 23-6175 |
Phillip A. Kenner v. United States |
Second Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process evidence-standard government-witness napue-standard napue-v-illinois perjury prosecutorial-misconduct witness-perjury |
What evidentiary showing is required, under Napue v. Illinois, 360 U.S. 264 (1959), to establish that a prosecution witness has offered false testimon… |
| 23-6176 |
Faustino Garcia-Sanchez, aka Miguel Garcia-Sanchez, aka Miguel Zamora-Sanchez v. United States |
Fifth Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6177 |
Sylvia Olivas, aka Sylvia Lee Gavaldon v. United States |
Ninth Circuit |
2023-12-06 |
GVR |
Relisted (2)IFP |
circuit-split criminal-activity criminal-procedure expert-testimony expert-witness federal-rules-of-evidence mens-rea mental-state trier-of-fact |
Does Rule 704(b) permit a government expert witness to testify about certain roles in criminal activity, that people in those roles are knowing partic… |
| 23-6179 |
Anibal Miranda-Montanez v. United States |
First Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
appellate-review case-review criminal-procedure due-process judicial-review jury-instructions legal-sufficiency procedural-challenge standard-of-review sufficiency-of-evidence trial-evidence verdict-challenge |
Whether the evidence was insufficient for the verdict to stand |
| 23-6180 |
Clifford Allen Follansbee v. Arizona |
Arizona |
2023-12-06 |
Denied |
IFP |
arizona-constitution constitutional-rights criminal-procedure criminal-trial due-process judicial-review procedural-fairness professional-norm structural-error united-states-constitution |
Are Arizona judiciaries violating the Due Process Clause of the Arizona and United States Constitutions, by practicing a Professional Norm that is con… |
| 23-6185 |
Jabril Wilson v. Chris Stevens, Warden |
Seventh Circuit |
2023-12-06 |
Denied |
IFP |
burden-of-proof child-enticement criminal-procedure due-process ineffective-assistance-of-counsel sexual-assault |
whether-the-evidence-was-sufficient-to-find-petitioner-guilty-beyond-a-reasonable-doubt |
| 23-6162 |
James Williams v. United States |
Third Circuit |
2023-12-05 |
Denied |
Response WaivedIFP |
6th-amendment court-appointed-counsel criminal-procedure irreconcilable-differences judicial-discretion mckaskle-v-wiggins pro-se pro-se-representation right-to-counsel sixth-amendment waiver |
When a defendant takes reasonable steps to remedy perceived irreconcilable differences with court-appointed attorney, does the 6th Amendment afford th… |
| 23-6164 |
Albert Carrasco, v. United States |
Ninth Circuit |
2023-12-05 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure due-process liberty-interest liberty-restriction rehabilitation sentencing sex-offender supervised-release |
Whether a supervised-release condition prohibiting a low-level sex offender from living in most urban and suburban areas is substantively unreasonable… |
| 23-6165 |
Jesus Del Valle Gonzalez-Rodriguez v. United States |
First Circuit |
2023-12-05 |
Denied |
Response WaivedIFP |
appeal-waiver brief-filing burden-of-proof court-of-appeals criminal-procedure due-process government-defense opening-brief plea-agreement reply-brief |
Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-6154 |
Jennifer Lynn Dees v. Colorado |
Colorado |
2023-12-04 |
Denied |
IFP |
criminal-procedure due-process fair-trial fourteenth-amendment judicial-misconduct jury-tampering sixth-amendment trial-integrity |
Whether a trial's verdict validity is impacted by a judge's jury tampering |
| 23-6159 |
Eddie James King v. Doctor Aikens, et al. |
Eleventh Circuit |
2023-12-04 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process exclusionary-rule fourth-amendment medical-care search-and-seizure standing |
Whether the plaintiff's deliberate indifference claim is valid |
| 23-6143 |
Howard Nelson Bartee, III v. Florida |
Florida |
2023-12-01 |
Denied |
Relisted (6)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6145 |
Daniel E. Salley v. United States |
Seventh Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process internal-revenue-service mental-competency mental-health-defense property-rights property-seizure statute-of-limitations tax-law treasury-offset-program |
Whether a college graduate and successful businessman owner of a small accounting firm, who prevailed in several audits at the Internal Revenue Servic… |
| 23-6146 |
Catherine Denise Randolph v. United States District Court for the District of Maryland |
Fourth Circuit |
2023-12-01 |
Denied |
IFP |
appellate-review civil-rights constitutional-review criminal-procedure due-process free-speech harmless-error ineffective-assistance obscenity standing state-court-decision surveillance |
Whether the 'Miller test' to prove obscenity violates the First Amendment |
| 23-6149 |
Gary Lynn Gatlin v. United States |
Fourth Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
4241-motion competency-evaluation criminal-procedure due-process intellectual-disability mental-competency mental-illness standards-of-review |
Should courts evaluate evidence supporting motions for competency evaluations differently when the claimed basis for incompetency is intellectual disa… |
| 23-6151 |
Urbano Torres-Giles v. United States |
Ninth Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
circuit-split clearly-erroneous-facts criminal-procedure criminal-sentencing due-process fact-finding reliability reliability-standard sentencing-context sentencing-guidelines |
Whether the test for a clearly erroneous fact in the sentencing context should consider the reliability of the challenged fact |
| 23-582 |
Rollo A. Barker, aka Rollo Narker v. New Jersey |
New Jersey |
2023-11-30 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
6th-amendment chain-of-custody confrontation-clause criminal-evidence evidence forensic-analysis lab-analysis lab-testimony melendez-diaz melendez-diaz-precedent sixth-amendment |
Does testimony from a lab analyst who did not perform the actual testing on Defendant's seized (alleged) contraband that was analyzed by a State Polic… |
| 23-6137 |
In Re Ronald Boyajian |
|
2023-11-30 |
Denied |
Response WaivedRelisted (2)IFP |
appeal-of-right constitutional-rights criminal-appeal criminal-procedure due-process judicial-assignment judicial-recusal prejudice recusal three-judge-panel |
Did Respondents deny defendant-appellant's due-process rights by failing to provide a three-judge panel on appeal? |
| 23-6141 |
Arthur Grady v. Charles Truitt, Warden |
Seventh Circuit |
2023-11-30 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance-of-counsel jackson-v-virginia jury-instructions special-verdict strickland-v-washington sufficiency-of-evidence united-states-v-powell |
Does United States v. Powell prevent a court from reviewing—and giving effect to—a jury's special verdict finding when that finding negates the sole t… |
| 23A492 |
George Willie Rios v. Arizona |
Arizona |
2023-11-30 |
Presumed Complete |
|
constitutional-rights criminal-procedure interrogation miranda-warning right-to-counsel suppression-of-evidence |
Whether the Miranda warning must expressly state that the right to counsel continues during, and not just prior to, interrogation |
| 23-578 |
Christopher Kinzy v. United States |
Fifth Circuit |
2023-11-29 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review circuit-split criminal-procedure district-court-discretion gall-standard gall-v-united-states guidelines judicial-explanation rita-v-united-states sentencing sentencing-guidelines |
Whether a district court can insulate from vacatur a sentence based on an erroneously enhanced Guidelines range |
| 23-6128 |
Julia Ann Poff v. United States |
Fifth Circuit |
2023-11-29 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-rights criminal-procedure due-process evidence expert-testimony fair-trial indigent-defense plea-bargaining right-to-counsel |
Question not identified |
| 23-6130 |
Sylvia Hofstetter v. United States |
Sixth Circuit |
2023-11-29 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instructions mens-rea plain-error ruan-standard ruan-v-united-states sixth-circuit |
Whether the Sixth Circuit's ruling on the plain error standard is contrary to Supreme Court precedents, including Ruan and Henderson |
| 23-6133 |
Jacquelyn Reaves v. Monmouth University, et al. |
Third Circuit |
2023-11-29 |
Denied |
Response WaivedIFP |
civil-liability civil-procedure civil-rights criminal-liability criminal-procedure due-process equal-protection false-imprisonment hate-crime jurisdiction racial-discrimination |
Should respondents be criminally and civilly liable for hate-crime, false-imprisonment, racial-discrimination, persecution, emotional-distress, miscon… |
| 23-6134 |
Rajon Jamison v. United States |
Sixth Circuit |
2023-11-29 |
Denied |
Response WaivedIFP |
armed-career-criminal-act armed-career-offender base-level base-level-calculation constitutional-rights criminal-procedure due-process juvenile-conviction sentencing-error sentencing-guidelines statutory-interpretation |
Whether the trial court erred in applying a 26-point base level instead of the appropriate 24-point base level, and in sentencing the petitioner under… |
| 23-6111 |
Lawrence Remsen, et al. v. Jennifer Shaffer, et al. |
California |
2023-11-28 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-principles criminal-procedure due-process equal-protection judicial-discretion legislative-intent sentencing sentencing-law |
Did the States Highest Court abuse its discretion when it failed to acknowledge the State's Legislature had repealed its indeterminate Sentencing Law … |
| 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 |
| 23-6116 |
Cynthia Clemons v. United States |
Sixth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instruction jury-instructions mens-rea plain-error ruan-v-united-states sixth-circuit supreme-court-precedent |
Whether the Sixth Circuit's ruling on the plain error standard is contrary to Supreme Court precedents, including Ruan and Henderson |
| 23-6120 |
Demecia Shontres Washington v. United States |
Ninth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
character-evidence criminal-procedure due-process evidentiary-standard expert-testimony jury-bias plain-error profile-evidence |
Whether the district court plainly erred by admitting expert testimony about the common characteristics of a particular type of offender, also known a… |
| 23-6121 |
Jemare Ray McNair, aka Head v. United States |
Fourth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
appeal-waiver appeal-waivers career-offender criminal-law criminal-procedure due-process federal-sentencing plea-agreement plea-bargaining sentencing sentencing-enhancement |
Whether career offender status should be subject to appeal waivers in plea agreements where a defendant has a legitimate argument that he was not a ca… |
| 23-6122 |
Courtney Newman v. United States |
Sixth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instructions mens-rea plain-error ruan-v-united-states |
Did the Sixth Circuit commit error by substituting the generic term 'illegally' for the language mandated in Ruan? |
| 23-6123 |
Kyle Maurice Parks v. United States |
Eighth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
camera constitutional-rights criminal-procedure due-process evidence law-enforcement perjury search-and-seizure suppression-hearing vehicle |
Can a court allow the prosecution to present evidence of a defendant's vehicle, camera, or perjury for the purpose of a suppression hearing and violat… |
| 23-6106 |
Damion Edward Cruz-Benavente v. United States |
Fifth Circuit |
2023-11-27 |
Denied |
Response WaivedIFP |
appellate-standard constitutional-error criminal-procedure criminal-trial cumulative-error cumulative-errors due-process harmless-error judicial-review procedural-fairness standard-of-review verdict-influence |
Whether a court should review the cumulative effect of preserved and forfeited errors to determine if they had a substantial influence on the verdict |
| 23-6109 |
Tou Thao v. United States |
Eighth Circuit |
2023-11-27 |
Denied |
Response WaivedIFP |
18-usc-242 civil-rights constitutional-rights criminal-procedure deprivation-of-rights due-process fair-trial prosecutorial-misconduct specific-intent willfulness |
Was the evidence at trial sufficient to establish the willfulness of the petitioner? |
| 23-554 |
Michael O'Bannon v. United States |
Seventh Circuit |
2023-11-27 |
Denied |
Response Waived |
acquitted-conduct constitutional-law constitutional-rights criminal-procedure due-process sentencing sixth-amendment |
Whether the Constitution permits a criminal defendant to be sentenced based on conduct for which he or she was acquitted |
| 23-563 |
Obaida Abdulky, et al., as Parents and Next Friends of Anthony Abdulky v. Lubin & Meyer, P.C., et al. |
Massachusetts |
2023-11-27 |
Denied |
|
appellate-procedure civil-procedure constitutional-law constitutional-rights due-process evidence judicial-review legal-standards notice procedural-fairness |
Whether the Appeals Court of Massachusetts violated the due process rights of the Petitioners |
| 23-6088 |
Alpheus Elite Hamilton v. Arizona |
Arizona |
2023-11-22 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-violation criminal-procedure due-process false-evidence fifth-amendment fourteenth-amendment miller-v-pate prosecutorial-misconduct |
Did the State of Arizona violate the Due Process Clause when its prosecutor presented knowing use of false evidence to the jury as in Miller v. Pate, … |
| 23-6091 |
Valentino Bernard Lee v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2023-11-22 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process firearm-possession jury-instructions legal-principles mandatory-minimum mandatory-minimum-sentence possession-of-firearm sentencing statutory-interpretation |
Whether the trial court erred in sentencing the defendant to a mandatory 10-year minimum sentence under Florida Statute § 775.087(2)(a)1 when the defe… |
| 23-6095 |
Jerome McGoy v. United States |
Eighth Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
civil-rights confidential-informant controlled-buy criminal-procedure drug-investigation due-process law-enforcement search-and-seizure undercover-operation |
Is Arkansas state authorized to use a confidential informant in an undercover operation to make controlled buys? |
| 23-6096 |
Thomas Oliver v. Joseph Leonard Michaud, et al. |
First Circuit |
2023-11-22 |
Denied |
IFP |
civil-litigation civil-procedure constitutional-rights criminal-activity criminal-procedure due-process federal-criminal-law judicial-misconduct legal-ethics standing |
Can a party to civil litigation commit crimes to win its case while judges violate laws to assist the party? |
| 23-6098 |
Ricardo Dinnall v. United States |
Fourth Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-justice criminal-procedure district-court federal-sentencing first-step-act judicial-discretion sentencing-reduction sentencing-reform statutory-interpretation |
Whether Concepcion v. United States, 142 S. Ct. 2389 (2022), requires district courts to consider all nonfrivolous arguments raised by the patties in … |
| 23-6101 |
Kevin E. Chace v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
appeals constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standards-of-review trial-counsel |
WHETHER PETITIONER SHOULD BE ENTITLED TO CERTIORARI REVIEW BASED ON MULTIPLE ERRORS OF TRIAL COUNSEL THAT OCCURRED WHILE LITIGATING PETTIONER'S CASE |
| 23-6103 |
Alvin Celius Andre v. United States |
Eleventh Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
burden-of-proof constructive-amendment criminal-law criminal-procedure due-process entrapment entrapment-defense prosecutorial-misconduct statutory-interpretation |
Does a constructive amendment occur when the government substitutes Congress's intended object of the actus reus of 18 U.S.C. § 2422(b), 'any individu… |
| 23-6104 |
Michael Venetez McRae v. United States |
Eleventh Circuit |
2023-11-22 |
Denied |
Relisted (2)IFP |
appellate-review civil-rights constitutional-law criminal-procedure due-process judicial-precedent jurisdiction sentencing statutory-interpretation |
Whether the federal court erred in imposing an illegal sentence that exceeded the statutory maximum penalty |
| 23-6070 |
Eric V. Bartoli v. United States |
Sixth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
criminal-procedure ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining prosecutorial-misconduct sentencing sentencing-error statutory-maximum |
Whether a guilty plea should be vacated when the underlying plea bargain contains an error of law (an illegal sentence) at its core |
| 23-6072 |
James Richards v. United States |
Eighth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights crawford-v-washington crawford-violation criminal-procedure evidence ineffective-assistance ineffective-assistance-of-counsel sixth-amendment testimonial-evidence |
Whether the admission of a deceased witness's testimonial video statement violated the Sixth Amendment Confrontation Clause, despite defense counsel's… |
| 23-6073 |
William Shirley, IV v. Steven Harpe, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2023-11-21 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection federal-jurisdiction habeas-corpus post-conviction-relief |
have-petitioner's-5th-and-14th-amendment-rights-been-violated |
| 23-6079 |
Santos David Ramirez-Ortega v. United States |
Fifth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
appellate-review conflict-with-other-courts criminal-procedure district-court guideline-range holguin-hernandez judicial-discretion sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 23-6081 |
Jacobo Fuentes-Salgado v. United States |
Fifth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6085 |
Randall Gray Stoneman, Jr. v. United States |
Fourth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court evidence evidence-seizure federal-sentencing-guidelines motion-to-suppress search-and-seizure sentencing sentencing-guidelines video-surveillance |
Was the district court in error in denying the motion to suppress the evidence? |
| 23-6086 |
Luis Alberto Marcano-Godoy v. United States |
First Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-defendant criminal-procedure government-defense opening-brief procedural-rule reply-brief |
Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23A458 |
Tony Ford v. United States |
Eleventh Circuit |
2023-11-21 |
Presumed Complete |
|
appellate-review criminal-procedure criminal-sentencing federal-jurisdiction sentencing-guidelines writ-of-certiorari |
Whether a federal appellate court correctly applied sentencing guidelines and standards of review in affirming a criminal defendant's sentence upon re… |
| 23A461 |
Sean M. Donahue v. Pennsylvania |
Pennsylvania |
2023-11-21 |
Presumed Complete |
|
constitutional-right court-appointed-counsel criminal-procedure ineffective-assistance post-conviction-relief unitary-review |
Whether a court-appointed criminal defense counsel can constitutionally deny an indigent defendant representation by forcing a choice between direct a… |
| 23-6056 |
Talthia Sorbel v. South Dakota, ex rel. South Dakota Department of Social Services, et al. |
South Dakota |
2023-11-20 |
Denied |
Relisted (3)IFP |
adoption civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admission family judicial-review standing |
Whether the lower court erred in denying the petitioner's request to present new evidence in the case |
| 23-6057 |
Juan J. Zuniga-Bruno v. United States |
First Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy first-circuit issue-preclusion predicate-felonies sentencing statutory-interpretation supreme-court-precedent vacatur |
Whether the Court of Appeals of the First Circuit's affirming opinion in Zuniga-Bruno's case is conflicting with Pirset Circuit precedents |
| 23-6058 |
Liberty Anne Walden v. Jeremy Howard, Warden |
Sixth Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
civil-procedure due-process evidence expert-testimony judicial-error misconduct plain-error prosecutorial-misconduct trial-court-discretion trial-procedure witness-credibility |
Did the trial court plainly error by allowing Dr. Mohr to testify outside the realm of her expertise thereby providing testimony to the ultimate issue… |
| 23-6060 |
John Lacey Mulkey v. Georgia |
Georgia |
2023-11-20 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause criminal-procedure due-process evidence extrinsic-evidence right-to-present-defense rule-403 sixth-amendment speedy-trial |
Did the Court of Appeals violate the due process right to present a defense, in holding admissible, under O.C.G.A. § 24-4-403, (Rule403) extrinsic evi… |
| 23-6062 |
Holli Womack v. United States |
Sixth Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-offenses jury-instructions plain-error ruan-standard sixth-circuit standard-of-review supreme-court-precedent |
Is the Sixth Circuit's draconian view of the plain-error standard contrary to this Court's precedents, including Henderson-v-United-States? |
| 23-6063 |
Kieffer Michael Simmons v. United States |
Eighth Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
5th-amendment circuit-split civil-rights criminal-procedure due-process exculpatory-evidence fifth-amendment judicial-immunity subpoena witness witness-subpoena |
Whether Simmons should have been entitled to judicial immunity for his subpoenaed witness |
| 23-6065 |
Tyrone Kevin Smith v. United States |
Eleventh Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
18-usc-924(c) 18-usc-924(o) actual-innocence circuit-split criminal-procedure hobbs-act jurisdiction post-conviction post-conviction-relief section-2255 statutory-interpretation |
Whether the Eleventh Circuit's wanton disregard for Taylor and its progeny in erecting an illogical and legally erroneous barrier to relief for § 2255… |
| 23-6066 |
Kirk Lamar Williams v. Washington |
Washington |
2023-11-20 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discovery-violations due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel probable-cause prosecutorial-misconduct search-and-seizure speedy-trial |
Whether the State of Washington violated the petitioner's constitutional rights, including due process and effective assistance of counsel |
| 23-537 |
Faisal Ashraf, aka Sal v. United States |
Ninth Circuit |
2023-11-20 |
Denied |
Amici (1) |
appeal-waiver circuit-split computer-fraud-and-abuse-act criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure plea-agreement |
Whether the federal courts of appeals can refuse to consider a challenge to the sufficiency of the factual basis for a guilty plea when the plea agree… |
| 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… |
| 23-531 |
Timothy I. Carpenter v. United States |
Sixth Circuit |
2023-11-17 |
Denied |
Amici (2) |
criminal-procedure drug-offense federal-firearm-offense first-step-act mandatory-minimum mandatory-minimums retroactivity sentencing-reform statutory-interpretation |
Do the sentencing reforms in Section 403 of the First Step Act apply when a district court sentences an individual whose offense was committed before … |
| 23-6038 |
Lakeith Lynn Washington v. United States |
Fifth Circuit |
2023-11-17 |
GVR |
Relisted (2)IFP |
alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-rights criminal-procedure fifth-amendment jury-beyond-reasonable-doubt minimum-and-maximum-sentences prior-convictions sentencing-enhancement sixth-amendment |
Do the Fifth and Sixth Amendments require facts to prove prior convictions for ACCA sentencing be alleged in indictment and proven to jury? |
| 23-6041 |
Luis Alberto Hernandez-Perez v. United States |
Fifth Circuit |
2023-11-17 |
Denied |
Response WaivedIFP |
appellate-procedure certiorari constitutional-interpretation constitutional-rights criminal-law criminal-procedure due-process judicial-precedent sentencing statutory-interpretation supreme-court-precedent supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6044 |
Cristian Rodriguez v. United States |
First Circuit |
2023-11-17 |
Denied |
Response WaivedIFP |
criminal-procedure define-and-punish-clause felonies-on-high-seas felony-on-the-high-seas international-law laws-of-nations maritime-drug-enforcement-law maritime-law piracy-principles subject-matter-jurisdiction |
Whether denial of a pretrial challenge to the court's subject matter jurisdiction under the Maritime Drug Enforcement Law warrants interlocutory revie… |
| 23-6046 |
Antonio Lebaron Melton v. Florida |
Florida |
2023-11-17 |
Denied |
IFP |
age-of-culpability age-of-offender criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment roper-v-simmons scientific-evidence |
Does the Eighth Amendment prohibit the death penalty for individuals whose crimes occurred at age 18 years and 25 days? |
| 23-6049 |
Jimmie Jerome Manning, Jr. v. Florida |
Florida |
2023-11-17 |
Denied |
Relisted (8)IFP |
constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment williams-v-florida |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6000 |
Tyler Catlin Borg v. California |
California |
2023-11-15 |
Denied |
Response WaivedIFP |
constitutional-due-process criminal-law criminal-procedure due-process first-degree-murder intent jury-instructions lying-in-wait murder-intent |
Questions Presented |
| 23-6016 |
Malik Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-11-15 |
Denied |
IFP |
28-usc-2253(c) certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interference-with-right-to-testify postconviction-relief prior-criminal-history right-to-testify sixth-amendment |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability |
| 23-6018 |
Calvin F. Currica v. Richard Miller, Warden |
Fourth Circuit |
2023-11-15 |
Denied |
Response WaivedIFP |
brady-standard brady-vs-maryland criminal-procedure due-process fourth-circuit guidelines judicial-review plea-agreement plea-bargaining post-conviction-review sentencing sentencing-guidelines |
Whether the decision below should be summarily reversed because the Fourth Circuit substituted its judgment for an erroneous factual decision by the s… |
| 23-6025 |
Deunta Finch v. United States |
Sixth Circuit |
2023-11-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure guidelines plain-error-review preservation-of-error sentencing sentencing-guidelines sixth-circuit |
Has the Sixth Circuit erred by creating a novel doctrine that says, to avoid plain-error review, a criminal defendant must object after the sentencing… |
| 23-6001 |
Kenric Lavaughn Jackson, Sr. v. Texas |
Texas |
2023-11-14 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence capital-murder constitutional-rights criminal-procedure due-process eighth-amendment evidentiary-hearing fourteenth-amendment habeas-corpus sufficiency-of-evidence texas-law |
Whether the Texas Court of Criminal Appeals erred in denying petitioner's application for a writ of habeas corpus, where the evidence presented at tri… |
| 23-6002 |
Justin Del Rio v. United States |
Fifth Circuit |
2023-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-circuit judicial-review plain-error statutory-interpretation |
Whether the Fifth Circuit erred in affirming the District Court's imposition of a $5,000 fine under 18 U.S.C. § 3014 despite the petitioner's argument… |
| 23-502 |
Noble U. Ezukanma v. United States |
Fifth Circuit |
2023-11-14 |
Denied |
Response Waived |
counsel-advice criminal-procedure defendant-testimony due-process ineffective-assistance ineffective-assistance-of-counsel prejudice right-to-testify sixth-amendment strickland strickland-standard |
How do the standards for judging ineffective-assistance-of-counsel apply to the question of what advice defense-counsel gives to a defendant concernin… |
| 23-505 |
Garrett A. Arrowood v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-11-14 |
Denied |
Response Waived |
appeals appellate-procedure certificate-of-appealability confrontation-clause crawford-violation criminal-procedure due-process evidence federal-law habeas-corpus hearsay-evidence |
whether-the-record-supports-the-court's-conclusion-that-the-state-court-hearing-regarding-the-inadmissible-hearsay-(crawford-violation)-did-not-violat… |
| 23-5999 |
Anson Chi v. United States |
Fifth Circuit |
2023-11-13 |
Denied |
Response WaivedRelisted (2)IFP |
appeal-procedure civil-rights constitutional-rights criminal-appeal criminal-case criminal-procedure due-process extension-of-time petition-for-rehearing petition-for-rehearing-en-banc restitution |
Did the 5th Circuit Court violate Chi's due-process-right |
| 23-5977 |
Sean Overstreet v. United States |
Second Circuit |
2023-11-09 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-waiver criminal-defendant-rights criminal-procedure due-process right-to-be-present sentencing supervised-release waiver |
May counsel waive a criminal defendant's right to be present during the portion of his sentence in which special conditions of supervised release are … |
| 23-5980 |
Edgar Arellano v. California |
California |
2023-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial senate-bill-567 sentencing sentencing-disposition sixth-amendment |
Whether the California courts were correct in stating that the petitioner's case was final, because the California Senate Bill 1393 resentencing dispo… |
| 23-5983 |
Eric Spencer v. United States |
Second Circuit |
2023-11-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review court-procedure de-novo-review district-court evidence evidence-rules hearsay hearsay-evidence judicial-discretion standard-of-review |
Should the Court of Appeals apply an abuse of discretion standard or engage in de novo review when reviewing a district court's ruling to admit hearsa… |
| 23-5990 |
Kirk A. Simmons v. Thomas Scarantino |
Fourth Circuit |
2023-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
2241 aedpa aedpa-limitations criminal-procedure entrapment-defense federal-criminal-procedure government-fraud government-misconduct habeas-corpus innocence judicial-review |
Does fraud by the federal government obstruct a defendant's entrapment defense? |
| 23-5973 |
Richard C. Duerson v. United States |
Sixth Circuit |
2023-11-08 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-error constitutional-rights criminal-procedure critical-stage cronic-standard due-process due-process-rights ineffective-assistance-of-counsel prejudice strickland-test strickland-v-washington united-states-v-cronic |
Has the Supreme Court overruled United States v. Cronic, eliminating the presumption that an accused has suffered Constitutional error without the sho… |
| 23-5976 |
Brian Heath Davis v. Randy Gibbs, Warden, et al. |
Eighth Circuit |
2023-11-08 |
Denied |
Response WaivedIFP |
autopsy autopsy-report confrontation-clause criminal-procedure effective-assistance expert-testimony reasonable-doubt sixth-amendment |
To what extent are Sixth Amendment guarantees of Confrontation and Effective Assistance violated when an expert conducts an autopsy, prepares an autop… |
| 23-5978 |
Brian Keith Person, Jr. v. United States |
Fourth Circuit |
2023-11-08 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review constitutional-rights criminal-procedure due-process fourth-circuit knowing-voluntary plea-agreement plea-bargaining voluntariness |
Whether the Fourth Circuit erred by dismissing Mr. Person's appeal pursuant to an appeal waiver when he argued that his plea was not knowing and volun… |
| 23-5979 |
Daniel Vargas-Hernandez v. United States |
Fifth Circuit |
2023-11-08 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-trial prior-conviction prior-convictions sixth-amendment |
Whether the prior-conviction exception to the Apprendi rule can be squared with the historical practices codified in the Sixth Amendment, and if not, … |
| 23A411 |
Irvin Harris Johnson v. United States |
District of Columbia |
2023-11-08 |
Presumed Complete |
|
attorney-client-privilege confidential-communication criminal-procedure right-to-counsel sixth-amendment work-product-doctrine |
Whether the Sixth Amendment protects a criminal defendant's handwritten notes prepared for attorney consultation from being seized and used as evidenc… |
| 23-5965 |
Cody Enrriquez v. Florida |
Florida |
2023-11-07 |
Denied |
Relisted (9)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5966 |
Jonathan Ericksen v. United States |
Seventh Circuit |
2023-11-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jackson-v-virginia judgment-of-acquittal rule-29 standard-of-review |
Whether the Court should overrule its decision in Jackson v. Virginia, which rejected the 'reasonable hypothesis' test for motions for a judgment of a… |
| 23-5968 |
Richard Langston v. Connecticut |
Connecticut |
2023-11-07 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fourteenth-amendment jury-acquittal jury-trial sentencing sixth-amendment |
Whether the Sixth and Fourteenth Amendments to the Constitution of the United States prohibit a state court from basing a criminal defendant's sentenc… |
| 23-5969 |
Semaan Makdissi v. Florida |
Florida |
2023-11-07 |
Denied |
Response WaivedRelisted (2)IFP |
compulsory-process confrontation-clause criminal-procedure due-process evidence false-accusation fourteenth-amendment motive sixth-amendment |
Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated |
| 23-5971 |
Kevondric Fezia v. United States |
Fifth Circuit |
2023-11-07 |
Denied |
Response WaivedIFP |
closing-arguments confrontation-clause criminal-procedure due-process hearsay jury non-testifying-witness prosecutorial-argument sixth-amendment witness-testimony |
Does the Confrontation Clause apply to statements made by a prosecutor during closing arguments that detail for the jury what a non-testifying witness… |
| 23-483 |
Mauricio Gonzalez v. United States |
Eleventh Circuit |
2023-11-07 |
Denied |
Response Waived |
criminal-procedure district-court eleventh-circuit predicate-offense rule-29 rule-29-motion standard-of-review statutory-interpretation |
Whether the District Court applied the proper standard of review to find guilt and issue their judgment on Petitioner's Rule 29 motion |
| 23-5954 |
Arthur Picklo v. United States |
Eleventh Circuit |
2023-11-06 |
Denied |
Response WaivedIFP |
924(c) consecutive-sentences consecutive-sentencing criminal-procedure federal-criminal-law rule-of-lenity sentencing sentencing-guidelines statutory-interpretation |
Whether the rule of lenity requires a sentencing court to impose a § 924(c) sentence consecutive to only the predicate crime of violence or drug offen… |
| 23-5955 |
Kyle Maurice Parks v. United States |
Eighth Circuit |
2023-11-06 |
Denied |
Response WaivedIFP |
4th-amendment constitutional-rights criminal-procedure due-process evidence fourth-amendment government-attorney government-misconduct illegal-evidence search-and-seizure warrantless-search |
Can an attorney for the government go outside the jurisdictional process and ask a friend to search an office without a warrant and not violate the IV… |
| 23-5964 |
William Glenn Rogers v. Zac Pounds, Warden |
Sixth Circuit |
2023-11-06 |
Denied |
IFP |
28-usc-2254 constitutional-review criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel penalty-phase prejudice-standard prejudice-test strickland-standard strickland-v-washington |
Is application of a prejudice standard that requires a habeas petitioner to 'eliminate or completely discredit' the prosecution's trial evidence in or… |
| 23-5938 |
Loren J. Larson, Jr. v. Alaska |
Alaska |
2023-11-02 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process fair-trial fifth-amendment juror-testimony sixth-amendment structural-error |
Does the Sixth Amendment guarantee to a 'fair trial' implicitly require that the trial be free of structural error? |
| 23-5941 |
Gregory L. Randle v. United States |
Fifth Circuit |
2023-11-02 |
Denied |
Response WaivedRelisted (2)IFP |
consecutive-sentence consecutive-sentences criminal-procedure due-process federal-jurisdiction sentencing sentencing-guidelines sentencing-reasonableness supervised-release |
Whether the district court erred by ordering Mr. Randle to serve 12 months in prison for nonviolent supervised release violations, and by ordering the… |
| 23-5944 |
Kaylin Eric Johnson v. United States |
Sixth Circuit |
2023-11-02 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process federal-law habeas-corpus interlocutory-appeal judicial-review ninth-circuit standing |
Whether petitioner's constitutional rights were violated |
| 23-5946 |
Dravion Sanchez Ware v. United States |
Eleventh Circuit |
2023-11-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure criminal-sentencing due-process identification identification-evidence law-enforcement physical-restraint sentencing-guidelines surveillance-evidence |
Whether the physical restraint enhancement in U.S.S.G. § 2B3.1(b)(4)(B) requires more than pointing a gun at someone |
| 23-5947 |
Kraig M. Trotter v. United States |
Third Circuit |
2023-11-02 |
Denied |
Response WaivedRelisted (2)IFP |
controlled-substances criminal-procedure deterrence due-process federal-sentencing methamphetamine methamphetamines proportional-punishment sentencing-guidelines third-circuit |
Did the Third Circuit err in failing to consider the disparity in sentencing under U.S.S.G §2D1.1(c) of the Federal Sentencing Guidelines for methamph… |
| 23-463 |
Elizabeth Brokamp v. Letitia James, Attorney General of New York, et al. |
Second Circuit |
2023-11-02 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
circuit-split content-based content-based-regulation evidence first-amendment intermediate-scrutiny licensing-scheme motion-to-dismiss talk-therapy |
Whether a New York law requiring speakers to obtain a license before offering talk therapy pertaining to 'disabilit[ies], problem[s], or disorder[s] o… |
| 23-469 |
Andrew P. Witt v. United States |
Armed Forces |
2023-11-02 |
Denied |
Response WaivedRelisted (2) |
criminal-procedure due-process fair-trial fundamental-fairness judicial-ethics military-justice military-sentencing prosecutorial-misconduct sentencing |
Did the prosecutor's misconduct deprive Senior Airman Witt of due process protections and render the sentencing fundamentally unfair? |
| 23-5928 |
Michael David Beiter, Jr. v. United States |
Eleventh Circuit |
2023-11-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights court-appointed-counsel criminal-procedure defendant-rights due-process initial-appearance judicial-procedure legal-representation magistrate-judge right-to-counsel |
Can a magistrate judge force counsel upon a defendant without consent? |
| 23-5931 |
Donald Lee Kissner v. Joseph Michael Orr, et al. |
Sixth Circuit |
2023-11-01 |
Dismissed |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights criminal-procedure due-process expert-testimony judicial-error medical-care ninth-circuit pretrial-detention qualified-immunity |
Did the Sixth Circuit United States Court of Appeals commit clear error when it stated that Mr. Kissner did not show deliberate indifference to seriou… |
| 23-5935 |
Michael Ray Thomas v. Adam Douglas, Warden |
Sixth Circuit |
2023-11-01 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure due-process first-amendment ineffective-assistance judicial-discretion prosecutorial-misconduct standing sua-sponte-appointment sufficiency-of-evidence |
Whether a court of appeals may force a petitioner to proceed on appeal without the assistance of counsel after a district court ordered the appointmen… |
| 23-5936 |
Hector Francisco Santos-Flores v. United States |
Fifth Circuit |
2023-11-01 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23A396 |
Robert E. Harrison v. United States |
Eighth Circuit |
2023-11-01 |
Presumed Complete |
|
criminal-procedure due-process evidence-rule-404b jury-trial prior-conviction propensity-evidence |
Whether the admission of a defendant's prior conviction under Federal Rule of Evidence 404(b) violates due process when the prosecution introduces the… |
| 23-5915 |
Keith Alexander v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2023-10-31 |
Denied |
IFP |
abuse-of-discretion appellate-review appointment-of-counsel civil-rights constitutional-rights district-court due-process evidence habeas-corpus judicial-discretion procedural-error standard-of-review |
Whether the district court abused its discretion when it refused to appoint counsel for the appellant and denied the appellant due process and the rig… |
| 23-5916 |
Steven Richard Taylor v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-10-31 |
Denied |
IFP |
criminal-procedure dna-evidence due-process expert-testimony frye-standard frye-test ineffective-assistance ineffective-assistance-of-counsel interrogation right-to-counsel |
Was Petitioner prejudiced by trial counsel's failure to move for adversarial testing of the State's novel DNA testing and statistics under Frye v. Uni… |
| 23-5917 |
Salvador Diaz-Diaz v. United States |
Fifth Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
certiorari-petition constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-precedent precedent-overruling sentencing statutory-interpretation supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5925 |
Isaac Johnson v. United States |
Eighth Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
21-u.s.c.-§-851(c)(2) criminal-defendant criminal-procedure plain-error plain-error-review predicate-offense prior-conviction rule-52(b) rule-52b sentencing-enhancement waiver |
Does a criminal defendant waive Rule 52(b) plain error review pursuant to 21 U.S.C. § 851(c)(2) by failing to argue before the trial court that a cons… |
| 23-5926 |
Jahvaris Lamoun Springfield v. United States |
Ninth Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process fair-trial fifth-amendment jury-misconduct no-impeachment-rule sixth-amendment |
Whether there is a constitutional exception to the no-impeachment rule codified in Federal Rule of Evidence 606(b) for instances where there is eviden… |
| 23-5927 |
Katerin Martinez-Alberto v. United States |
First Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony |
Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination? |
| 23-5909 |
Eric A. Zevely v. United States |
Sixth Circuit |
2023-10-30 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3582 article-iii-courts constitutional-challenge criminal-procedure federal-court-jurisdiction federal-criminal-conviction judicial-power prosecutorial-misconduct standing subject-matter-jurisdiction |
Whether a motion under 18 U.S.C. § 3582 is a point in the litigation permitting a defendant to challenge subject-matter jurisdiction, where case law b… |
| 23-5898 |
Christian Hayward v. United States |
Sixth Circuit |
2023-10-27 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process equal-protection privacy-interest property-seizure search-and-seizure standing texas-v-brown united-states-v-place |
Did the lower court violate due-process and/or equal-protection by failing to recognize Hayward's privacy-possessory-interest and standing to challeng… |
| 23-5901 |
Albert Randolph v. Texas |
Texas |
2023-10-27 |
Denied |
IFP |
appellate-review criminal-procedure due-process habeas-corpus ineffective-assistance new-trial |
Court of Criminal Appeals error denying Writ of Habeas Corpus for New Trial |
| 23-5903 |
Nathan Russell Cates v. United States |
Tenth Circuit |
2023-10-27 |
Denied |
IFP |
criminal-procedure dog-sniff drug-dog-alert fourth-amendment harris-v-florida motion-to-suppress probable-cause rule-16 vehicle-search |
When the government attempts to establish probable cause to search a vehicle during a traffic stop by relying on a certified drug dog's alert, does Ha… |
| 23-5904 |
Hazhar A. Sayed v. Colorado |
Colorado |
2023-10-27 |
Denied |
IFP |
appellate-review criminal-procedure excusable-neglect ineffective-assistance ineffective-assistance-of-counsel postconviction-motion sentencing standard-of-review |
Whether the Colorado Court of Appeals misapplied the standard of review applicable to assertion of justifiable excuse or excusable neglect for belated… |
| 23-5905 |
Daniel Kristof Lak v. California |
California |
2023-10-27 |
Denied |
Relisted (2)IFP |
brady brady-disclosure conflict-of-interest conflicts-of-interest criminal-investigation criminal-procedure due-process impeachment-evidence law-enforcement law-enforcement-witness prosecutorial-ethics witness |
Whether a prosecutor's duty to disclose exculpatory and impeachment information under Brady should be extended to include mandating the disclosure of … |
| 23-5889 |
Christopher Michael Williams v. Tim Shoop, Warden |
Sixth Circuit |
2023-10-26 |
Denied |
Response WaivedRelisted (2)IFP |
alternative-suspect-defense criminal-procedure due-process due-process-violation habeas-corpus-petition ineffective-assistance-of-counsel plea-bargaining reasonable-doubt right-to-trial sixth-amendment-right |
whether-defendant's-6th-amendment-right-was-violated |
| 23-5891 |
Luis Alonso Hidalgo, III v. Tim Garrett, Warden, et al. |
Ninth Circuit |
2023-10-26 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel joinder joint-trial sixth-amendment |
Did the Ninth Circuit err in denying Petitioner Hidalgo's claims of ineffective assistance of counsel, improper joinder, and improper convictions? |
| 23-5892 |
Shane Woodgeard v. Timothy Heavlin, et al. |
Ohio |
2023-10-26 |
Denied |
IFP |
abuse-of-discretion bond-setting case-consolidation change-of-venue civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process judicial-discretion judicial-recusal venue-change |
Did a lower Court violate Rights in issuing an unheard of, $100,000 bond on a misdemeanor, when there was overwhelming evidence showing there was no c… |
| 23-5893 |
Tigran Zmrukhtyan v. United States |
Ninth Circuit |
2023-10-26 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split criminal-procedure firearm-possession law-enforcement law-enforcement-interaction physical-struggle reckless-conduct risk-enhancement sentencing-enhancement sentencing-guidelines |
Does mere possession of a firearm, even during a brief physical struggle with law enforcement, support a § 3C1.2 enhancement? |
| 23-5894 |
Myron Lee Brandon v. United States |
Eighth Circuit |
2023-10-26 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment 6th-amendment consent criminal-procedure due-process evidence evidence-exclusion fifth-amendment jury-instructions sixth-amendment transportation-of-minors |
Exclusion of evidence on prostitution and lying by alleged victim |
| 23-5895 |
Ryan Rydell Bonner v. Texas |
Texas |
2023-10-26 |
Denied |
IFP |
civil-rights constitutional-claim criminal-procedure due-process federal-review habeas-corpus judicial-procedure procedural-default speedy-trial standing state-court |
Speedy and effective adjudication of habeas corpus rights |
| 23-5879 |
Richard Wayne Johnson v. United States |
Sixth Circuit |
2023-10-25 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure due-process federal-jurisdiction jurisdiction jurisdictional-challenge sentencing standing statutory-interpretation subject-matter-jurisdiction |
Whether a motion pursuant to 18 U.S.C. § 3582(c) is a part of the mitigation of a defendant's sentence that can challenge the subject-matter jurisdict… |
| 23-5880 |
Jose Fernando Martinez-Hernandez v. United States |
Fifth Circuit |
2023-10-25 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5883 |
Shardaye Jeacole Malik Bey v. Ohio |
Sixth Circuit |
2023-10-25 |
Denied |
Relisted (2)IFP |
28-usc-1443 appellate-procedure civil-rights constitutional-challenge constitutional-rights court-fees criminal-procedure criminal-removal due-process filing-fees in-forma-pauperis |
Whether filing fees are required for removal of a criminal action under 28 U.S.C. § 1443 |
| 23-5885 |
Donald Lee Kissner v. Heidi E. Washington, Director, Michigan Department of Corrections, et al. |
Sixth Circuit |
2023-10-25 |
Dismissed |
Response WaivedIFP |
civil-rights collateral-consequences constitutional-rights criminal-procedure due-process fact-finding-hearing judicial-discretion parole-revocation preliminary-hearing procedural-error |
Did the Sixth Circuit Court of Appeals abuse its discretion when it claimed Mr. Bissner's appeal was frivolous? |
| 23-5869 |
Craig Martin Shults v. United States |
Ninth Circuit |
2023-10-24 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process judicial-standard mutually-exclusive severance standard zafiro-precedent zafiro-v-united-states |
Whether the Ninth Circuit's rigid 'irreconcilable and mutually exclusive' standard for severance survives this Court's decision in Zafiro v. United St… |
| 23-5857 |
Jeremy Moody v. Georgia |
Georgia |
2023-10-23 |
Denied |
Relisted (2)IFP |
autonomy-rights constitutional-rights criminal-procedure defense-strategy due-process faretta-v-california guilty-plea mccoy-v-louisiana right-to-control-defense right-to-self-representation self-representation trial-court-discretion |
Whether a guilty plea waives claims that the trial court violated a defendant's autonomy-based rights |
| 23-5858 |
Anthony Schneider v. United States |
Ninth Circuit |
2023-10-23 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver circuit-split criminal-procedure guilty-plea jurisdictional-challenge jurisdictional-challenges plea-bargaining supreme-court-precedent united-states-v-goodall united-states-v-taylor |
Whether a guilty plea that includes an appellate waiver bars jurisdictional challenges on appeal |
| 23-5860 |
John Carl Ferrell v. United States |
Fifth Circuit |
2023-10-23 |
Denied |
Response WaivedIFP |
boykin-v-alabama constitutional-rights criminal-procedure due-process judicial-review plea-bargaining sentencing supreme-court voluntary-plea |
Does a decision by the Supreme Court, after a plea is entered but before sentencing, present sufficient cause to consider if the plea was entered know… |
| 23-5863 |
Katherine L. Woitaszewski v. United States |
Eighth Circuit |
2023-10-23 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process evidence first-amendment standing |
Whether the petitioner's due process and First Amendment rights were violated when the evidence was improperly denied |
| 23-5865 |
Jason Dix v. United States |
Fourth Circuit |
2023-10-23 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review burden-of-proof constitutional-rights criminal-procedure due-process harmless-error separation-of-powers sua-sponte |
Whether an appellate court may relieve a government party of its burden to show that a favorable error is harmless, decide the issue sua sponte, and t… |
| 23-5845 |
In Re Kennedy Wright |
|
2023-10-20 |
Denied |
IFP |
civil-rights constitutional-law criminal-law criminal-procedure due-process equal-protection federal-procedure habeas-corpus judicial-review jurisdiction sentencing supreme-court |
Whether the lower court or district court violated the defendant's constitutional rights under due process of the laws |
| 23-5846 |
Jong Whan Kim v. United States |
Fourth Circuit |
2023-10-20 |
Denied |
Amici (1)Response WaivedIFP |
circuit-split criminal-procedure federal-courts indictment mens-rea plea-hearing rule-11 |
Is it error for a district court to rely on a defendant's pre-hearing review of the indictment to inform him of the nature of the offense? |
| 23-5850 |
In Re Lawrence Smith |
|
2023-10-20 |
Denied |
IFP |
42-usc-1983 appellate-review civil-procedure civil-rights constitutional-law criminal-procedure due-process free-speech habeas-corpus standing |
Whether the Sixth Circuit Court of Appeals erred in dismissing petitioner's civil-rights, due-process, and free-speech claims |
| 23-5853 |
Alex Adams v. Unknown Layton, Sergeant, Coffield Unit, et al. |
Fifth Circuit |
2023-10-20 |
Dismissed |
IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech judicial-review legal-jurisdiction standing state-law takings |
Whether the state's actions in this case violated the petitioner's constitutional rights |
| 23-5854 |
In Re Terrance A. McCauley |
|
2023-10-20 |
Denied |
IFP |
civil-rights color-of-law constitutional-rights criminal-procedure due-process equal-protection free-speech judicial-review petition-for-review sovereign-immunity standing |
Whether the criminal proceedings against Terrance A. McCarley prejudice the rights of the Moorish Science Temple of America |
| 23-5838 |
Mario Reynoso, aka Mario Hernandez v. United States |
Tenth Circuit |
2023-10-19 |
Denied |
Response WaivedIFP |
admissibility-of-evidence character-evidence district-court-discretion district-courts evidence-admissibility federal-rules-of-evidence non-propensity-purpose reasoning rule-404(b)(2) rule-404b ultimate-decision |
Whether Rule 404(b)(2) of the Federal Rules of Evidence permits district courts the use of reasoning to reach an ultimate decision whether to admit th… |
| 23-5839 |
Cesar Humberto Valencia-Terrazas v. United States |
Fifth Circuit |
2023-10-19 |
Denied |
Response WaivedIFP |
case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment statutory-interpretation supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-414 |
Devon Archer v. United States |
Second Circuit |
2023-10-19 |
Denied |
Amici (1) |
circuit-split criminal-procedure discretion judicial-discretion manifest-injustice new-trial new-trial-standard rule-33 second-circuit weight-of-evidence |
Whether district courts have discretion under Federal Rule of Criminal Procedure 33 to order a new trial based on the weight of the evidence, even in … |
| 23-416 |
Derek Michael Chauvin v. Minnesota |
Minnesota |
2023-10-19 |
Denied |
Amici (1)Response Waived |
change-of-venue community-bias community-harm criminal-procedure juror-bias juror-prejudice presumed-prejudice sixth-amendment venue-change voir-dire |
Whether community harm and threat of harm is a presumed community bias and must be considered as a singular inquiry as an extreme case creating circum… |
| 23-417 |
Ron Rutledge v. Board of County Commissioners of Johnson County, Kansas |
Tenth Circuit |
2023-10-19 |
Denied |
|
circuit-split civil-procedure employment-discrimination evidence honest-belief-defense mcdonnell-douglas mcdonnell-douglas-test pretext-analysis summary-judgment |
Does the honest belief defense violate the axiomatic law of summary judgment requiring the evidence and inferences to be viewed in favor of the non-mo… |
| 23-406 |
Taylor J. Matson v. United States |
Ninth Circuit |
2023-10-18 |
Denied |
Response Waived |
case-agent criminal-procedure evidence evidence-summary jury-inference jury-instructions lay-opinion lay-witness-testimony legal-interpretation plain-language-interpretation summary-of-evidence witness-testimony |
Whether case agents may offer lay opinions summarizing evidence, interpreting plain language, and drawing inferences from evidence that only a jury ma… |
| 23-5806 |
Jason Wayne Oien v. Chad Pringle, Warden |
Eighth Circuit |
2023-10-18 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure criminal-trial due-process jury-instructions marijuana prejudicial-evidence retroactivity sentencing |
Question not identified |
| 23-5832 |
William R. Abbott v. Loretta Otis-Sanders, et al. |
Fifth Circuit |
2023-10-18 |
Denied |
Response WaivedIFP |
civil-rights crack-cocaine criminal-procedure due-process eighth-amendment-cruel-and-unusual-punishment equal-protection fair-sentencing-act federal-sentencing federal-statute-of-limitations first-step-act prison-rape-elimination-act retroactivity |
whether the State of Louisiana Constitution's Equal Protection Clause embodies through the United States Constitution's Fourteenth Amendment |
| 23-5834 |
Herbert Johnson v. United States |
Ninth Circuit |
2023-10-18 |
Denied |
Response WaivedIFP |
18-usc-924c appellate-waiver categorical-analysis criminal-procedure illegal-conviction illegal-sentence jurisdictional-challenge plea-agreement statutory-interpretation |
Whether an illegal sentence exception to plea agreement waivers can coexist alongside a bar of illegal convictions when a sentence and conviction are … |
| 23-5796 |
Jose Folch-Colon v. United States |
First Circuit |
2023-10-17 |
Denied |
Response WaivedIFP |
aiding-abetting aiding-and-abetting criminal-intent criminal-law criminal-procedure criminal-statute federal-law mens-rea racketeering VICAR violent-crime |
Whether petitioner aided and abetted a VICAR crime absent evidence of payment to the enterprise and without need to prove the motive element |
| 23-5809 |
Bryce Jackson v. Tony Golick, et al. |
Ninth Circuit |
2023-10-17 |
Denied |
IFP |
5th-amendment civil-procedure civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment government-liability probable-cause search-and-seizure standing |
Can a person file a civil suit against the government for the violation of the 5th Amendment's due process clause? |
| 23-5814 |
Justin Andre Lamoureux v. Florida |
Florida |
2023-10-17 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction federal-procedure judicial-jurisdiction obstruction-of-justice witness-tampering |
Whether the petitioner's constitutional rights were violated by the state court system, obstruction of justice across state lines, and tampering with … |
| 23-5816 |
Henry Jo Ward v. West Virginia |
West Virginia |
2023-10-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process evidentiary-presumption fourteenth-amendment official-capacity |
Does the Due Process Clause of the Fourteenth Amendment prohibit this presumption of facts against an accused? |
| 23-5817 |
Cordarius Lawrence v. Illinois |
Illinois |
2023-10-17 |
Denied |
IFP |
appeal criminal-procedure due-process jurisdiction sentencing standard-of-proof |
Whether the evidence at trial was insufficient to prove guilt beyond a reasonable doubt? |
| 23-5826 |
Mary Ann German v. South Carolina |
South Carolina |
2023-10-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure davis-good-faith-exception exclusionary-rule fourth-amendment good-faith-exception judicial-precedent police-conduct retroactivity |
Whether the police get a grace period under the Davis good faith exception after a decision of this Court makes a state statute unconstitutional under… |
| 23-5785 |
Joshua Aston v. Arizona |
Arizona |
2023-10-16 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process jury-instructions reopening-of-case right-to-present-defense right-to-testify sixth-amendment trial-procedure unanimous-jury |
Where a defendant's right to testify was violated |
| 23-5789 |
Jean Max Darbouze v. Patrick Covello, Warden |
Ninth Circuit |
2023-10-16 |
Denied |
IFP |
civil-rights criminal-procedure csaas-testimony due-process evidence expert-testimony free-speech habeas-corpus translation-accuracy witness-credibility |
Whether the introduction of CSAAS testimony is unconstitutional junk science |
| 23-5790 |
Brock Brian Beeman v. United States |
Fourth Circuit |
2023-10-16 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure due-process fourth-circuit notice-requirements plea-agreement rule-32 sentencing sentencing-notice |
Did the Fourth Circuit err in upholding the Petitioner's appeal waiver to preclude his claim that the trial court violated the notice provisions of Ru… |
| 23-5794 |
Joseph Aiken v. Florida |
Florida |
2023-10-16 |
Denied |
Response RequestedResponse WaivedRelisted (9)IFP |
14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5802 |
Erie Adams, aka Michael Johnson v. United States |
Sixth Circuit |
2023-10-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defense-counsel due-process habeas-corpus ineffective-assistance legal-precedent sixth-amendment strickland-standard strickland-v-washington |
Was the defense counsel ineffective under Strickland v. Washington? |
| 23-5768 |
Frank Nathan Escalante v. Jim Robertson, Warden |
Ninth Circuit |
2023-10-12 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights constitutional-claims criminal-procedure due-process federal-review habeas-corpus miscarriage-of-justice ninth-circuit procedural-rights standing |
Whether Frank Nathan Escalante's due process rights were violated at any stage of the judicial proceedings |
| 23-5769 |
Brandon M. Jefferson v. Aaron D. Ford, Attorney General of Nevada, et al. |
Ninth Circuit |
2023-10-12 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law constitutional-rights counsel-right criminal-procedure due-process effective-assistance nevada-law right-to-counsel sixth-amendment state-law |
Did the petitioner have the Sixth Amendment right to be represented by legal counsel during all stages of his criminal prosecution in the state of Nev… |
| 23-5770 |
Victor M. Barahona v. Matthew J. Platkin, Attorney General of New Jersey, et al. |
Third Circuit |
2023-10-12 |
Denied |
IFP |
criminal-procedure due-process fifth-amendment ineffective-assistance involuntary-confession miranda-warning police-interrogation self-incrimination |
When Detective Lopez told Petitioner that his statement could be used in his favor, did Detective Lopez subverted the Miranda warning, thus, rendered … |
| 23-5776 |
Andrea Lamont Medlock v. United States |
Fifth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
criminal-procedure federal-authority imprisonment-review judicial-discretion plain-error reasonableness revocation sentencing-review sentencing-standards standard-of-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 23-5777 |
Iker Fabricio Mendez-Alfaro v. United States |
Fifth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
case-law constitutional-interpretation constitutional-law criminal-procedure due-process judicial-procedure legal-standard precedent-overruling sentencing statutory-interpretation supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5779 |
Donovan Romo v. United States |
Ninth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process forfeiture-doctrine judicial-discretion plain-error sentencing sentencing-procedure standard-of-review |
Does a defendant forfeit a challenge to the manner in which the district court imposed sentence by failing to object after the sentence is pronounced,… |
| 23-5749 |
Mark Anthony Thompson v. United States |
Fifth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-court-review criminal-law criminal-procedure due-process habeas-corpus selective-adjudication selective-prosecution standard-of-review statutory-interpretation supreme-court-precedent |
Does the Fifth Circuit's selective adjudication and undermining the law of this Court's ruling on conduct outside the statutory definition of a crime … |
| 23-5758 |
Jimmy Jay Strayhorn, Jr. v. United States |
Fourth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
3553(a)-factors constitutional-review criminal-procedure due-process jury-trial pepper-v-united-states resentencing sentencing sentencing-modification statutory-interpretation unconstitutional |
Whether a defendant is entitled to a resentencing hearing when a count in their indictment is later found unconstitutional |
| 23-5760 |
Mattie T. Lomax v. United States |
Federal Circuit |
2023-10-11 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof constitutional-rights criminal-investigation criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial legal-definition seventh-amendment |
Whether the State violated the Due Process clause where without a jury trial incorrect legal definition of 'knowingly' relieved the state of its requi… |
| 23-5762 |
Isaiah Whitefox Redbird v. United States |
Tenth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
where context made the basis of his objection to criminal-procedure evidence-preservation federal-rules-of-evidence plain-error-review preservation-requirement propensity-evidence tenth-circuit |
Did the Tenth Circuit incorrectly hold that Mr. Redbird's claim was not preserved, where context made the basis of his objection to exclude the prosec… |
| 23-5764 |
Kevin Lynn Tucker v. United States |
Eighth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process nolle-prosequi nolle-prossed plea-agreement pretrial-detention sentencing sentencing-credit substantive-reasonableness waiver |
Whether the District Court's failure to give credit in sentencing for state pretrial detention on subsequently nolle prossed 'related' charges created… |
| 23-5736 |
In Re Travis J. Guttu |
|
2023-10-10 |
Denied |
IFP |
actual-innocence aedpa-deadline criminal-procedure due-process habeas-corpus ineffective-assistance plea-agreement plea-bargaining procedural-innocence |
Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place? |
| 23-5739 |
Daniel Ray Metsinger v. United States |
Fifth Circuit |
2023-10-10 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure due-process fifth-circuit jurisdiction plea-agreement plea-bargaining sentencing waiver |
Whether the Fifth Circuit erred by dismissing Mr. Metsinger's appeal based on the waiver of appeal provision in his Plea Agreement |
| 23-5741 |
Hewitt A. Grant, II v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2023-10-10 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment civil-rights confrontation-clause constitutional-law constitutional-rights criminal-procedure due-process federal-prosecution jurisdiction standing witness-testimony |
Whether the District Court erred in denying the same 4th Amendment protection of legal intrusion as the initial entry question |
| 23-374 |
Merrick B. Garland, Attorney General, et al. v. Bryan David Range |
Third Circuit |
2023-10-10 |
GVR |
Relisted (2) |
2nd-amendment constitutional-law criminal-procedure due-process felons felony-conviction firearm-possession firearms second-amendment standing statutory-interpretation |
Whether 18 U.S.C. 922(g)(1) complies with the Second Amendment |
| 23-5730 |
Blaise Caroleo v. United States |
Second Circuit |
2023-10-06 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-scheme statutory-interpretation waiver-of-rights |
Whether a waiver of the Eighth Amendment protections against cruel and unusual punishment is valid |
| 23-5722 |
Armando Orozco-Calderon v. United States |
Fifth Circuit |
2023-10-05 |
Denied |
Response WaivedIFP |
constitutional-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5711 |
Mitchell D. Green v. Wisconsin |
Wisconsin |
2023-10-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
admissible-evidence constitutional-law criminal-procedure double-jeopardy due-process jury jury-impartiality mistrial trial-rights |
Whether the Double Jeopardy Clause permits a defendant to be retried after a mistrial was declared due to the jury hearing admissible evidence |
| 23-5718 |
Adam Neftali Santana v. United States |
Third Circuit |
2023-10-04 |
Denied |
Response WaivedIFP |
4th-amendment conspiracy-charge criminal-indictment criminal-procedure evidence evidence-sufficiency firearm-possession motion-to-suppress search-warrant standing |
Did the Court err when it denied Petitioner's Motion to Suppress the evidence obtained through the execution of the contingency search warrant? |
| 23-5719 |
Jerrell West v. United States |
Eighth Circuit |
2023-10-04 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-provisions court-procedure evidence expert-testimony federal-rules-of-evidence legal-jurisdiction prejudicial probative statutory-provisions writ-of-certiorari |
Can the Dirsbei ch Court4 allow Exper Testimony when it is More Presuodicial than Probatfive under Rules 702 and 403? |
| 23-357 |
Jacob Hilbert v. Missouri |
Missouri |
2023-10-04 |
Denied |
Response Waived |
constitutional-rights criminal-procedure defendant-rights due-process jury-trial jury-trial-waiver split-of-authority trial-court-discretion waiver |
must a trial court obtain some personal acknowledgement from a criminal defendant that the defendant has waived the defendant's right to a jury trial … |
| 23-349 |
Donald Esslinger, et ux. v. Shawn Bass, et ux. |
Idaho |
2023-10-03 |
Denied |
Response WaivedRelisted (2) |
5th-amendment citizen-citation civil-procedure civil-rights continuance criminal-procedure due-process fifth-amendment parallel-proceedings self-incrimination summary-judgment |
Whether the 5th Amendment right to remain silent prevails over procedural considerations in a civil case when criminal charges are pending in a parall… |
| 23-351 |
Rami A. Amer v. New Jersey |
New Jersey |
2023-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
article-vi-a criminal-procedure due-process interstate-agreement-on-detainers pretrial-motion unable-to-stand-trial |
Whether a defendant is always 'unable to stand trial' under Article VI(a) of the Interstate Agreement on Detainers while a pretrial motion is pending |
| 23-5699 |
Jose J. Galiany-Cruz v. United States |
First Circuit |
2023-10-03 |
Denied |
Response WaivedIFP |
compassionate-release criminal-justice criminal-procedure district-court district-court-authority extraordinary-and-compelling-reasons federal-sentencing judicial-discretion sentencing sentencing-guidelines united-states-sentencing-guidelines |
Does a district court have the authority to determine what constitutes 'extraordinary and compelling reasons' warranting compassionate release or are … |
| 23-5702 |
Ian A. Milaski v. Florida |
Florida |
2023-10-03 |
Denied |
Relisted (2)IFP |
arbitrary-and-unreasonable continuance counsel-of-choice criminal-procedure due-process right-to-counsel sixth-amendment trial-court |
Whether the trial court's arbitrary and unreasonable denial of a continuance violated the Petitioner's Sixth Amendment rights |
| 23-5707 |
Edward James Steiner v. Washington |
Washington |
2023-10-03 |
Denied |
IFP |
case-review criminal-conviction criminal-procedure due-process evidence-tampering insufficient-evidence judicial-process jury-instructions legal-procedure prosecutorial-misconduct right-to-fair-trial |
Was there prosecuter misconduct? |
| 23-5678 |
Jasper Michael Wagner v. United States |
Fifth Circuit |
2023-10-02 |
Denied |
Response WaivedIFP |
circuit-court-interpretation constitutional-law criminal-history criminal-procedure descamps-v-united-states gall-v-united-states judicial-fact-finding sentencing sentencing-guidelines sixth-amendment united-states-v-hernandez |
Whether judicial fact-finding as to past offenses during sentencing violates precedent and the Sixth Amendment |
| 23-5684 |
William J. Dahl v. Wisconsin |
Wisconsin |
2023-10-02 |
Denied |
Relisted (2)IFP |
armed-robbery civil-rights constitutional-interpretation court-jurisdiction criminal-procedure due-process felony judicial-review legal-procedure precedent sentencing statutory-analysis |
Whether a felon can be convicted of armed robbery without having a firearm or weapon and without being present at the scene of the crime? |
| 23-5688 |
Angel Marie Jordan v. United States |
Fifth Circuit |
2023-10-02 |
Denied |
Response WaivedRelisted (2)IFP |
appeal-waiver constitutional-challenge criminal-justice criminal-procedure double-jeopardy due-process plea-agreement right-to-appeal |
Does a facially valid and credible good faith claim of a Double Jeopardy violation constitute a 'constitutionally impermissible factor' which cannot b… |
| 23-5689 |
Philip Jones v. Charles Schuyler, Acting Warden |
Ninth Circuit |
2023-10-02 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance-of-counsel miller-el-v-cockrell ninth-circuit slack-v-mcdaniel |
Did the Ninth Circuit's refusal to issue a certificate of appealability for Jones's ineffective assistance of counsel claim conflict with this Court's… |
| 23-5692 |
Jose Ramon Andino-Morales v. United States |
First Circuit |
2023-10-02 |
Denied |
Response WaivedIFP |
6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment jury-trial jury-trial-right sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-333 |
Evan S. Gutman v. Citibank, N.A. |
Florida |
2023-10-02 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-immunity litigation-privilege tortious-act |
Does a State Supreme Court infringe upon the Due Process and Equal Protection Clause's Rights of a Litigant in both the Civil and Criminal Context in … |
| 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? |
| 23-5671 |
Oscar Hernandez Maldonado v. United States |
Fourth Circuit |
2023-09-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure cultural-assimilation downward-departure expert-testimony ineffective-assistance-of-counsel presentence-report sentencing waiver-of-rights |
Whether the United States Court of Appeals properly affirmed the trial court's determination that the petitioner was not denied effective assistance o… |
| 23-5672 |
Michael Lee Mac Cleary v. United States |
Ninth Circuit |
2023-09-29 |
Denied |
Response WaivedIFP |
circuit-split criminal-history criminal-procedure defendant-rights due-process judicial-accuracy sentencing townsend-v-burke uncounseled-defendants |
Whether the due process right to be sentenced based on accurate information that the Court recognized in Townsend v. Burke, 334 U.S. 736 (1948), is li… |
| 23-5676 |
Terry Wayne King, II v. Texas |
Texas |
2023-09-29 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure employer-property employment fourth-amendment incarceration privacy privacy-expectation search-and-seizure transportation trucking-industry |
Does a person have a legitimate expectation of privacy in a tractor trailer truck cab that serves as his home while he is on the road working for an e… |
| 23-5664 |
Robert Edward Sindaco v. Florida |
Florida |
2023-09-28 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-rights criminal-procedure due-process ineffective-counsel newly-discovered-evidence perjury post-conviction-relief prosecutorial-misconduct witness-credibility |
Whether the state court's denial of the petitioner's motion to vacate his conviction based on newly discovered evidence of perjury by a key witness vi… |
| 23-5666 |
Jeremy Aswegan v. United States |
Eighth Circuit |
2023-09-28 |
Denied |
Response WaivedIFP |
criminal-procedure government-objection plain-error sentencing sentencing-enhancement standard-of-review |
Whether plain error review applies when a defendant opposes a government objection to a sentencing enhancement? |
| 23-5668 |
Maurice Bellamy v. United States |
District of Columbia |
2023-09-28 |
Denied |
Response WaivedIFP |
appellate-review constitutional-vagueness count-severance criminal-indictment criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process indictment joinder severance trial-court-discretion |
Whether the trial court erred when it denied defendant's repeated motions to sever counts in the indictment |
| 23-5656 |
Stephen M. Cooke, Jr. v. Allen Gang, Warden, et al. |
Fourth Circuit |
2023-09-27 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process evidence fourteenth-amendment involuntary-statements post-indictment-statements right-to-counsel sixth-amendment undercover-agent |
Was Cooke's Sixth Amendment right to counsel violated? |
| 23-311 |
Keith Michael Connole v. David W. Garbarino, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2023-09-27 |
Denied |
Relisted (2) |
arizona-revised-statutes codis-database criminal-procedure due-process evidence evidence-access reliability-of-conviction reliability-of-convictions statutory-interpretation |
Whether a trial court must interpret Arizona Revised Statutes Title 13, Section 4240, to maximize a defendant's due process rights to access evidence … |
| 23-321 |
Jerry J. Davis, Jr. v. United States |
Sixth Circuit |
2023-09-27 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland strickland-standard trial-counsel |
Whether the District Court and Sixth Circuit Erred When Both Found That Mr. Davis Was Not Entitled to the Issuance of a Certificate of Appealability f… |
| 23-309 |
Michael Paul Nelson v. North Carolina |
North Carolina |
2023-09-26 |
Denied |
Response Waived |
appellate-review civil-rights confrontation-clause criminal-procedure disability-rights due-process equal-access fundamental-rights reasonable-accommodation |
Does the Confrontation Clause and/or Due Process Clause require a criminal court to modify policies to allow a disabled defendant to use prosthetic de… |
| 23-5645 |
Robert Eugene Stallings v. United States |
Fifth Circuit |
2023-09-26 |
Denied |
Response WaivedIFP |
constitutional-challenge counterman-precedent criminal-intent criminal-procedure due-process first-amendment harmless-error jury-instruction jury-instructions procedural-error statutory-interpretation sufficiency-of-evidence |
Whether 18 U.S.C. §1038(a) requires proof of intent to make a reasonably believable threat |
| 23-5654 |
Daquail Ramon Johnson v. Virginia |
Virginia |
2023-09-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review sufficiency-of-evidence virginia |
Whether Virginia's standard of review for appellate claims of insufficient evidence of a criminal conviction violates the Due Process Clause as interp… |
| 23-5639 |
Damaso Rivera-Fonseca v. United States |
Eleventh Circuit |
2023-09-22 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-challenge convicted-felon criminal-procedure felon-in-possession firearm-possession habeas-corpus ineffective-assistance rehaif-v-united-states strickland-standard |
Was the defense counsel ineffective under Strickland v. Washington? |
| 23-5642 |
Tracy Jones, aka Tracy Wilcox v. United States |
Eighth Circuit |
2023-09-22 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure dismissal due-process fifth-amendment miranda-rights missouri-v-seibert presentment |
Whether a 37-day delay in presentment requires dismissal under the Due Process Clause of the Fifth Amendment? |
| 23-5624 |
Charles M. Porter v. United States District Court for the Middle District of Florida |
Eleventh Circuit |
2023-09-21 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment civil-rights criminal-procedure due-process extraordinary-circumstances judicial-discretion law-enforcement probable-cause trial-court-error warrantless-arrest |
Whether the warrantless arrest is unlawful due to insufficient probable cause |
| 23-5631 |
Jason M. Moriarty v. United States |
Eleventh Circuit |
2023-09-21 |
Denied |
Response WaivedIFP |
consecutive-sentences criminal-law criminal-procedure imprisonment maximum-sentence revocation-of-release sentencing sentencing-guidelines statutory-interpretation supervised-release |
When revoking multiple terms of supervised release, may the court run the service in prison on each term consecutively to exceed the maximum authorize… |
| 23-5632 |
Mario Rolando Cadenas v. United States |
Fifth Circuit |
2023-09-21 |
Denied |
Response WaivedIFP |
constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit-appeal judicial-precedent jury-trial precedent-overruling sentencing stare-decisis statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5634 |
Jacob M. Currey v. Illinois |
Illinois |
2023-09-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-standard plea-bargaining right-to-appeal sixth-amendment |
Whether the court clerk's refusal to file a pro se motion to withdraw guilty plea violates the petitioner's right to appeal |
| 23-5635 |
William Raymond Carter v. Illinois |
Illinois |
2023-09-21 |
Denied |
IFP |
civil-rights constitutional-provisions criminal-procedure due-process evidence free-speech jurisdiction legal-procedure standing supreme-court writ-of-certiorari |
Whether the petitioner's constitutional and statutory rights were violated |
| 23-5616 |
Isaac Kipkurui Biegon v. United States |
Fifth Circuit |
2023-09-20 |
Denied |
Response WaivedIFP |
accomplice-testimony confrontation-clause conspiracy-evidence conspiracy-hearsay corroboration corroboration-evidence criminal-procedure due-process hearsay jury-instructions sixth-amendment |
Whether a preliminary finding of a conspiracy could be based solely on the contested hearsay statement |
| 23-5618 |
Gustavo Tijerina Sandoval v. Texas |
Texas |
2023-09-20 |
Denied |
Relisted (10)IFP |
constitutional-rights criminal-procedure criminal-trial due-process jury-empanelment jury-selection lower-court-split trial-procedure |
When does jury empanelment begin for purposes of the due process right to be present? |
| 23-5620 |
Margaret A. Allen v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-09-20 |
Denied |
IFP |
capital-punishment certificate-of-appealability constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel mitigation sixth-amendment strickland-v-washington |
Whether the Eleventh Circuit flouted this Court's relevant decisions and precedent by declining to even grant a certificate of appealability regarding… |
| 23-5621 |
Amado Alvarez-Alvarado v. United States |
Fifth Circuit |
2023-09-20 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit judicial-interpretation precedent precedent-overruling sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5626 |
Arun Dhavamani v. United States |
Fourth Circuit |
2023-09-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-prosecution due-process evidentiary-hearing factual-finding federal-jurisdiction manufactured-jurisdiction sentencing |
Whether a defendant's right to due process is violated when a Court of Appeals remands a case for additional factfinding after the district court has … |
| 23-5627 |
Ronald Rene Deleon, Jr. v. United States |
Fifth Circuit |
2023-09-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure mandatory-minimum plain-error revocation sentencing sentencing-procedure supervised-release |
Whether application of a mandatory minimum term of supervised release following a revocation amounts to plain error? |
| 23-5629 |
Rene Rigoberto Rodriguez v. United States |
Fifth Circuit |
2023-09-20 |
Denied |
IFP |
2nd-amendment appellate-review constitutional-analysis criminal-law criminal-procedure due-process felony-indictment fifth-circuit plain-error statutory-interpretation united-states-v-rahimi |
Whether a ruling in Mr. Rahimi's favor would affect the Fifth Circuit's plain-error analysis concerning the constitutionality of § 922(n) |
| 23-266 |
Javaar Yavonnie Kalem Watkins v. United States |
Eighth Circuit |
2023-09-20 |
Denied |
Response Waived |
constitutional-error conviction-reversal criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt structural-error |
Was the reasonable doubt instruction constitutionally deficient thereby requiring reversal of Watkins' conviction? |
| 23-5608 |
George Butler v. Mississippi |
Mississippi |
2023-09-19 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process habeas-corpus habitual-offender indictment ineffective-assistance-of-counsel ineffective-counsel intervening-decision sentencing-error |
Whether the conviction and/or sentence was in violation of the United States Constitution, Mississippi Constitution, and Laws of Mississippi |
| 23-5599 |
Juan Manuel Amaya-Castaneda v. United States |
Fifth Circuit |
2023-09-18 |
Denied |
Response WaivedIFP |
almendarez-torres appellate-review criminal-procedure judicial-discretion prior-conviction-exception prior-convictions sentencing sentencing-guidelines sixth-amendment |
Whether a party may obtain appellate relief when the district court fails to address substantial arguments for a sentence outside the Guideline range |
| 23-5607 |
Juan Valero v. Texas |
Texas |
2023-09-18 |
Denied |
Response WaivedIFP |
14th-amendment capable-of-repetition criminal-procedure due-process evading-review texas-code texas-code-of-criminal-procedure writ-of-certiorari |
Does Article 46B.0095(a) of the Texas Code of Criminal Procedure violate the Due Process Clause of the 14th Amendment? |
| 23-5593 |
Shawn V. Castiglione v. Florida |
Florida |
2023-09-15 |
Denied |
IFP |
constitutional-law constitutional-validity criminal-procedure due-process equal-protection habeas-corpus post-conviction-relief sexual-offense statutory-interpretation |
Whether the Florida Statutes, Chapter 794 and Chapter 800, are constitutionally valid |
| 23-5594 |
Brim Bell v. New Hampshire |
New Hampshire |
2023-09-15 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct sixth-amendment trial-procedure warrantless-search |
Whether trial-counsel erred by excluding the Defendant from the last two-days of trial? |
| 23-5596 |
Edward James Steiner v. Washington |
Washington |
2023-09-15 |
Denied |
IFP |
citizenship civil-liberties constitutional-rights criminal-procedure due-process evidence federal-jurisdiction legal-standing prosecutorial-misconduct standing witness-tampering |
Was there prosecutorial misconduct? |
| 23-5569 |
Francisco Gutierrez v. United States |
Ninth Circuit |
2023-09-14 |
Denied |
Response WaivedIFP |
appeal appellate-procedure criminal-procedure de-novo-resentencing de-novo-review judicial-discretion law-of-case law-of-the-case open-record resentencing sentencing |
Does law of the case apply to an appeal from a de novo resentencing on an open record? |
| 23-5579 |
Fitzroy C. Morton v. Florida |
Florida |
2023-09-14 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-242 |
Jonathan M. Martinez v. United States |
Armed Forces |
2023-09-14 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
6th-amendment constitutional-rights criminal-procedure due-process jury-trial jury-unanimity military-conviction military-justice sixth-amendment unanimous-verdict uniform-code-military-justice |
Whether military convictions for serious offenses must be unanimous |
| 23-5566 |
Scott A. Anthony v. United States |
Third Circuit |
2023-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
3rd-circuit 4th-circuit 8th-circuit child-abuse circuit-split criminal-procedure federal-criminal-law interstate-commerce sexually-explicit-conduct statutory-interpretation visual-depiction |
What defines sexually explicit conduct under 18 USC § 2251(a)? |
| 23-5567 |
Carlos Gilbert Arellano-Ramirez v. Florida |
Florida |
2023-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5570 |
Scottie Andrea Jackson v. Florida |
Florida |
2023-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5572 |
Joseph W. Fischer v. United States |
District of Columbia |
2023-09-13 |
Judgment Issued |
Amici (12)Relisted (2)IFP |
circuit-split congressional-inquiry congressional-investigations criminal-procedure mens-rea obstruction-of-justice statutory-construction statutory-interpretation vagueness witness-tampering |
Did the D.C. Circuit err in construing 18 U.S.C. § 1512(c) (Witness, Victim, or Informant Tampering'), which prohibits obstruction of congressional in… |
| 23-5573 |
Lashun Tracy Tinnen v. United States |
Fourth Circuit |
2023-09-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defense-counsel habeas-corpus ineffective-assistance legal-precedent performance-evaluation right-to-counsel sixth-amendment strickland-standard strickland-test |
Was the defense counsel ineffective under Strickland v. Washington? |
| 23-5574 |
Ramone L. Wright v. United States |
Sixth Circuit |
2023-09-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel judicial-process notice-requirement self-representation sixth-amendment trial-preparation |
Whether the trial court's denial of the defendant's right to self-representation and effective assistance of counsel constitutes a violation of the Si… |
| 23-5575 |
Andrew Sposato v. Florida |
Florida |
2023-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5554 |
Cameron L. Hickman v. United States |
Fifth Circuit |
2023-09-12 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-trial due-process jury-instructions prosecutorial-burden reasonable-doubt sexual-assault standard-of-review sufficiency-of-evidence |
Whether the prosecution presented sufficient evidence at trial to establish the elements of the alleged crime |
| 23-5555 |
Alfredo Garcia-Aleman v. United States |
Fifth Circuit |
2023-09-12 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5557 |
Millard E. Price v. Centurion of Delaware, LLC, et al. |
Delaware |
2023-09-12 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discovery due-process evidence fair-trial indigent ineffective-assistance post-conviction-relief prisoner |
When a state court of last resort denies a prisoner's attempt to obtain discovery and other hypotheses from evasive defendants, does the prisoner's in… |
| 23-5562 |
Paul Dubois v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2023-09-12 |
Denied |
Response WaivedIFP |
circuit-split civil-procedure court-conflict criminal-procedure due-process extradition extradition-law judicial-jurisdiction jurisdiction procedural-review standing |
whether-the-united-states-of-appeals-has-entered-a-decision-in-conflict-with-the-decision-of-another-united-states-court-of-appeals-on-the-same-justic… |
| 23-238 |
Roger Dale Anderson v. United States |
Sixth Circuit |
2023-09-12 |
Denied |
|
comport with the Supreme Court's holding in Ruan which did not explicitly reference the Controlled controlled-substances-act criminal-law criminal-procedure due-process jury-instructions medical-practice medical-professional-liability mens-rea statutory-interpretation |
Whether the Sixth Circuit erred in holding that jury instructions were sufficient despite lack of reference to the CSA's 'authorization' requirement |
| 23-5547 |
Timothy James Hahn v. Florida |
Florida |
2023-09-08 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment sentencing |
Whether a sentence of life imprisonment without the possibility of parole on a defendant who was under the age of twenty-five at the time of the offen… |
| 23-5536 |
Kinley MacDonald v. Maine |
First Circuit |
2023-09-07 |
Denied |
Relisted (2)IFP |
child-protection child-welfare civil-rights criminal-procedure due-process family-law hearsay-evidence judicial-discretion standing |
Whether a state trial court can open a child protection case based solely on hearsay accusations prohibited by state statute, set bail/bond conditions… |
| 23-5539 |
Trezjuan Thompson v. United States |
First Circuit |
2023-09-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-of-appeals circuit-split criminal-procedure criminal-sentencing deficient-performance ineffective-assistance new-rule-doctrine new-rule-of-law sentencing-counsel supreme-court-precedents |
How far afield from prior criminal sentencing cases does a doctrinal opinion from a regional circuit court of appeals have to go before it qualifies a… |
| 23A222 |
Jong Whan Kim v. United States |
Fourth Circuit |
2023-09-07 |
Presumed Complete |
|
criminal-procedure guilty-plea mens-rea nature-of-charges ruan-v-united-states rule-11-colloquy |
Whether a district court satisfies Federal Rule of Criminal Procedure 11(b)(1)(G)'s requirement to inform a defendant of the nature of the charges by … |
| 23-206 |
Jerry Lynn Burns v. Iowa |
Iowa |
2023-09-06 |
Denied |
Response Waived |
civil-rights criminal-procedure dna-collection fourth-amendment privacy-rights probable-cause search-and-seizure warrantless-search |
Does the State's warrantless search of a person's unavoidably shed DNA violate the Fourth Amendment where the individual has never been arrested or co… |
| 23-5519 |
Octavio Cortez Fierros v. United States |
Eighth Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
administrative-law child-pornography civil-procedure constitutional-law criminal-procedure due-process first-amendment judicial-review legal-precedent sexual-exploitation standing statutory-interpretation |
Whether the petitioner's convictions for possession of child pornography and sexual exploitation of children violate the First Amendment and the Due P… |
| 23-5522 |
Javier Guerra v. United States |
Fifth Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure drug-quantities fifth-circuit ineffective-assistance ineffective-assistance-of-counsel sentence-enhancement sentencing-enhancement strickland-standard strickland-v-washington |
Was the defense counsel ineffective according to the Strickland v. Washington 466 U.S. 668 (1984) precedent when failing to alert Guerra about potenti… |
| 23-5523 |
Cedrick L. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus judicial-oath judicial-review newly-discovered-evidence post-conviction-relief standing state-constitution |
Whether a Florida court judge has the right to not comply with federal laws and the Florida constitution when it comes to a loyalty oath |
| 23-5524 |
Michael Jones, Jason Reed, and Shaun Myers v. United States |
Seventh Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
burden-of-proof daubert daubert-standard dual-role-testimony due-process evidence expert-witness fifth-amendment standard-of-review |
Whether the Seventh Circuit applied the wrong standard of review and erroneously shifted the burden of proof by failing to review the Daubert error de… |
| 23-5526 |
Adelfo Rodriguez-Mendez v. United States |
Third Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
alleyne-standard constitutional-violation criminal-procedure drug-attribution evidence fifth-amendment fourteenth-amendment fourth-amendment post-conviction-sentencing sentencing sixth-amendment |
Whether attributing drugs post-conviction in an amount greater than what is charged in an indictment and greater than what the jury found is in violat… |
| 23-5527 |
Brian Kerry O'Keefe v. Doug Gillespie, et al. |
Ninth Circuit |
2023-09-06 |
Denied |
IFP |
circuit-court-review civil-procedure constitutional-violation criminal-conviction criminal-procedure double-jeopardy federal-habeas habeas-corpus jurisdiction post-conviction post-conviction-relief state-court-proceeding |
Whether as a matter of procedural law, Appellant's motion under Fed. R. Civ. P. 60(b) to reopen a § 2241 case was timely |
| 23-5535 |
Michael Rocky Lane v. United States |
Ninth Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
brady-claim brady-rule circuit-split clear-and-convincing-evidence criminal-procedure due-process evidence-standard federal-jurisdiction federal-law habeas-corpus statutory-interpretation |
Whether the circuit courts have decided an important question of federal law that should be definitively settled by this court? |
| 23-5514 |
Rodger William Dillard v. Wyoming |
Wyoming |
2023-09-05 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion alford-plea appeal court-rules criminal-procedure due-process judicial-abuse judicial-discretion plea-bargaining plea-withdrawal sentence-correction sentencing |
Did the District in and for Natrona County 7th Judicial Abuse its power |
| 23-5515 |
Carmen Saldana Meyer v. United States |
Fifth Circuit |
2023-09-05 |
Denied |
Response WaivedIFP |
criminal-procedure extraterritorial-jurisdiction federal-kidnapping-act foreign-commerce jurisdictional-basis jury-instructions kidnapping united-states unlawful-act |
Whether the Federal Kidnapping Act authorizes a conviction where the foreign commerce jurisdictional basis was the defendant's travel in foreign comme… |
| 23-5516 |
Angela Jane Johnson, et al. v. Victoria Fire and Casualty Company |
Sixth Circuit |
2023-09-05 |
Rehearing |
Relisted (2)IFP |
criminal-procedure due-process judicial-process legal-review petition public-trial right-to-counsel sentencing sixth-amendment supreme-court writ-of-certiorari |
Whether the Sixth Amendment right to a public trial applies to a criminal defendant's sentencing hearing |
| 23-5500 |
Le'Troy D. Merritt v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-09-01 |
Denied |
IFP |
confrontation-clause constitutional-law criminal-procedure due-process evidentiary-rules fair-trial federal-appeal habeas-corpus judicial-review procedural-due-process state-action |
Can a state's evidentiary rules violate the Constitution's due process clause by depriving a defendant of a fair trial? |
| 23-5509 |
Vincent D. White, Jr. v. Michael Phillips, Warden |
Sixth Circuit |
2023-09-01 |
Denied |
Response WaivedIFP |
adverse-effect concurrent-conflict conflict-of-interest constitutional-rights criminal-defense criminal-procedure due-process habeas-corpus hearsay-evidence ineffective-assistance
23-5508" mickens-standard post-conviction-relief sixth-amendment state-court trial-counsel Whether a state court's denial of post-conviction |
Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultaneous… |
| 23-5512 |
Robinson Mendoza-Gomez v. United States |
Fifth Circuit |
2023-09-01 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure double-counting due-process enhancement-application federal-sentencing governmental-officer obstruction-of-justice sentencing-guidelines |
Whether the guidelines' enhancement for obstruction of justice requires some conduct above and beyond the conduct comprising the offense of conviction |
| 23-5513 |
Rickeena Hamilton v. Tennessee |
Tennessee |
2023-09-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense right-to-present-defense second-degree-murder |
Did these instructions, which imposed on the defendant a burden of proving her innocence of second-degree murder beyond a reasonable doubt, violate du… |
| 23-5491 |
Saundra S. Brooke v. Vanderbilt Mortgage and Finance, Inc. |
Fourth Circuit |
2023-08-31 |
Denied |
IFP |
abuse-of-discretion bankruptcy bankruptcy-law circuit-court civil-procedure court-procedure due-process evidence evidence-withholding exculpatory-evidence judicial-discretion standing |
Whether the lower court abused her discretion |
| 23-5495 |
SirMichael Dyess v. California |
California |
2023-08-31 |
Denied |
IFP |
abuse-of-discretion ada appellate-procedure civil-rights constitutional-rights due-process evidence ineffective-counsel judicial-discretion judicial-misconduct post-conviction-review procedural-default |
Whether the District Court violated ADA rights under Title II, whether the District Court's procedural and evidentiary rulings constituted an abuse of… |
| 23-5498 |
Alex Adams v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-31 |
Dismissed |
Relisted (2)IFP |
civil-rights constitutional-provision criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance-of-counsel judicial-review jurisdictional-matter legal-issue procedural-question statutory-interpretation |
Whether the petitioner's constitutional rights were violated |
| 23-5499 |
Manuel De Jesus Del Cid Bran v. United States |
Fourth Circuit |
2023-08-31 |
Denied |
Response WaivedIFP |
18-usc-3583 abuse-of-discretion criminal-procedure criminal-sentencing deportation discretionary-sentencing sentencing-commission supervised-release |
Does a district court abuse its discretion under 18 U.S.C. § 3583 by imposing a term of supervised release on a deportable noncitizen purely in order … |
| 23-5504 |
Jabriel Fitzgerald Lakes v. United States |
Fourth Circuit |
2023-08-31 |
Denied |
Response WaivedIFP |
classification criminal-procedure due-process federal-rules-criminal-procedure incarceration-classification judicial-error presentence-report recidivism right-to-appeal sentencing sentencing-procedure |
Did the District Court commit error that substantively violated Lakes' right when it failed to include the disputes of the objection to the PSR which … |
| 23-5505 |
Jacques Lamar Walker v. Virginia |
Virginia |
2023-08-31 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
bank-robbery criminal-procedure due-process evidence fourteenth-amendment trial-court witness-identification |
Whether the Supreme Court of Virginia erred in refusing to reverse petitioner Jacques Lamar Walker's convictions |
| 23-5483 |
Dontavious Blake v. United States |
Eleventh Circuit |
2023-08-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence-prejudice ineffective-assistance-of-counsel judicial-bias plea-bargaining prejudice sentencing |
The Appellate Court erred in denying relief for IOC concerning the advice that petitioner would receive a life sentence after either a guilty plea or … |
| 23-5484 |
Dion Ray Wheeler v. United States |
Fifth Circuit |
2023-08-30 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-5487 |
Jose Humberto Hernandez-Mendez v. United States |
Fifth Circuit |
2023-08-30 |
Denied |
Response WaivedIFP |
alleyne-rule almendarez-torres appellate-procedure apprendi-rule constitutional-interpretation criminal-law criminal-procedure due-process judicial-review precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 23-5489 |
Lonnie Dee Brown v. Oklahoma |
Oklahoma |
2023-08-30 |
Denied |
IFP |
appellate-review criminal-procedure daubert daubert-standard evidence expert-testimony ineffective-assistance kumho-tire standard-of-review strickland-test |
Whether the Oklahoma Court of Criminal Appeals' review of trial courts decisions to admit or exclude expert testimony comport with the United States S… |
| 23-5465 |
Steven Justin Villalona v. Warden, Oakdale FCI, 1, et al. |
Eleventh Circuit |
2023-08-29 |
Denied |
Response WaivedIFP |
article-iii-c constitutional-rights criminal-procedure due-process interstate-agreement-on-detainers judicial-remedy notice-requirement remedy speedy-trial trial-rights |
Whether a violation of the notice requirement under Article III(c) of the Interstate Agreement on Detainers Act (IAD) may amount to a Due Process Viol… |
| 23-5472 |
Jorge Andrade Rico v. James Robertson, Warden, et al. |
Ninth Circuit |
2023-08-29 |
Denied |
Response WaivedIFP |
administrative-detention civil-rights constitutional-rights criminal-procedure due-process federal-review habeas-corpus mootness procedural-default solitary-confinement standing |
Whether administrative prisoners can be placed in solitary confinement units without due process |
| 23-5455 |
John A. Crane v. Florida |
Florida |
2023-08-28 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
constitutional-rights criminal-defendant criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5457 |
Deangelus Thomas v. United States |
Sixth Circuit |
2023-08-28 |
GVR |
Relisted (3)IFP |
armed-career-criminal-act burden-of-proof constitutional-fact-finding criminal-procedure due-process indictment jury-trial predicate-convictions sentencing sentencing-enhancement statutory-penalty |
Whether the district court judge may find the uncharged, non-elemental fact that a person committed three prior offenses 'on occasions different from … |
| 23-5458 |
Kimeo Delmar Conley v. Jason Wells, Warden |
Seventh Circuit |
2023-08-28 |
Denied |
Response WaivedIFP |
4th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fourth-amendment jury-instructions sixth-amendment statutory-interpretation |
When Criminal statute has [8] elements on its face (wis stat) (144.051) to be Proved beyond a Reasonable doubt and the state only tries to prove [3] e… |
| 23-5459 |
Maurice Turner v. Administrator, New Jersey State Prison, et al. |
Third Circuit |
2023-08-28 |
Denied |
Response WaivedIFP |
co-defendant co-defendant-statements confrontation-clause criminal-procedure douglas-v-alabama due-process harmless-error pretrial-statements sixth-amendment testimony |
Whether the violation of the Confrontation Clause as explicated in Douglas v. Alabama was harmless error |
| 23-5440 |
Roman Andreyevich Glukhoy v. California |
California |
2023-08-25 |
Denied |
Response WaivedIFP |
appellate-review chapman-standard chapman-v-california criminal-procedure harmless-error jury-instructions legal-theory prejudice prejudicial-error standard-of-review |
When a defendant is convicted after a trial court instructs a jury on two theories of guilt, one of which is legally correct and one legally incorrect… |
| 23-5445 |
William Bazemore v. United States |
Second Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
abuse-of-discretion crime-of-violence criminal-procedure district-court factual-findings guilty-plea section-1591 sex-trafficking voluntariness withdrawal |
Whether the district court abused its discretion when it denied defendant's motion to withdraw his guilty plea and failed to make factual findings nec… |
| 23-5449 |
Antonio Rojas v. United States |
Fifth Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-5450 |
Hermenegildo Garcia-Gutierrez v. United States |
Fifth Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5451 |
Raul Omar Rios-Hernandez v. United States |
Fifth Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process fifth-circuit-appeal judicial-precedent jury-trial precedent-overruling sentencing statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5453 |
Pedro Ramirez-Urbina v. United States |
Fifth Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment |
Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted from being used to enhance his sentence for alien-smuggling |
| 23-5454 |
Moses Crowe v. United States |
Eighth Circuit |
2023-08-25 |
Denied |
IFP |
confrontation-clause confrontation-right criminal-procedure cross-examination drug-abuse due-process intoxication jury-unanimity methamphetamine witness-credibility |
Whether Petitioner's constitutional right to confrontation was violated |
| 23-176 |
Robert Cox, et al. v. Helena Chemical Company |
Texas |
2023-08-25 |
Denied |
Response Waived |
due-process evidence evidence-exclusion expert-testimony fourteenth-amendment legal-standards property-rights state-court |
Whether the Due Process Clause prohibits a state court from depriving petitioners of property protected by the Fourteenth Amendment without allowing t… |
| 23-5422 |
Herman Robinson v. Donita McIntosh, Superintendent, Clinton Correctional Facility |
Second Circuit |
2023-08-24 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence fourth-amendment illegal-evidence police-procedure search-and-seizure |
Did the Schenectady County Police Department violate Petitioner's Fourth Amendment right against illegal search and seizure? |
| 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 |
| 23-5432 |
Kyle Vaughn v. United States |
Fifth Circuit |
2023-08-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-presumption presumption-of-reasonableness reasonableness-standard rita-precedent rita-v-united-states sentencing sentencing-guidelines substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges the substantive reasonableness of a within-Guidelines sentence may rebut an appellate … |
| 23-5435 |
Marques Webb v. United States |
Fifth Circuit |
2023-08-24 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver |
Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement |
| 23-5413 |
Christopher Ray Lipska, aka Christopher Ray Hare v. Oregon |
Oregon |
2023-08-23 |
Denied |
IFP |
child-abuse child-sexual-abuse criminal-procedure evidence evidence-admissibility judicial-discretion prior-convictions sentencing sentencing-proportionality sexual-abuse |
In an ECSA and unlawful contact with a trial, does a trial court abuse its OEC 401, 402, 403 discretion by allowing the state to present evidence that… |
| 23-5417 |
Ari Misha Liggett v. Colorado |
Colorado |
2023-08-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-evidence criminal-procedure due-process exclusionary-rule harris-v-new-york impeachment-exception insanity-defense james-v-illinois supreme-court-precedent |
Whether the Colorado Supreme Court's expansion of the impeachment exception to the exclusionary rule is consistent with this Court's prior rulings |
| 23-5418 |
Billy Noel Catherwood v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure criminal-procedure due-process federal-habeas-corpus judicial-circuit national-emergency public-defender standing state-corrections time-extension victim-impact |
Did the Mid. Dis. of FL y. U.S. Ct. of App. err (in not following Supreme Court Order allowing 180-day extension of time for filing federal habeas cor… |
| 23-5419 |
Seth Williams v. United States |
Third Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
career-offender constitutional-challenge criminal-procedure due-process jurisdiction jurisdictional-authority mandatory-minimum rehaif-doctrine sentencing sentencing-modification |
Does the District Court have authority to change a sentence after 12 years? |
| 23-5423 |
Andre Monteek Edwards v. Kim Cargor, Warden |
Sixth Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
accident accident-defense criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice prejudice-analysis second-degree-murder self-defense strickland-standard |
Does a second degree murder conviction preclude a showing of prejudice |
| 23-5424 |
Caesar V. Vaca v. United States |
Eighth Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
appellate-review civil-rights-restoration constitutional-challenge criminal-procedure due-process federal-firearms-law felony-possession habeas-corpus ineffective-assistance ineffective-assistance-of-counsel restoration-of-civil-rights second-amendment |
Whether reasonable jurist could debate that trial and appellate counsel failed to invoke 18 U.S.C. §921(a)(20) |
| 23-5412 |
Keith Allen Shrum v. United States |
Eighth Circuit |
2023-08-22 |
Denied |
Response WaivedIFP |
civil-rights due-process electronic-evidence evidence exigent-circumstances fourth-amendment fruit-of-the-poisonous-tree probable-cause search-and-seizure warrant warrant-specificity warrantless-search |
Whether the exigent circumstances exception saves a warrantless seizure of a defendant's phone |
| 23-5396 |
Antoine Clark v. United States |
Third Circuit |
2023-08-21 |
Denied |
Response WaivedIFP |
criminal-procedure exigent-circumstances fourth-amendment law-enforcement probable-cause title-iii wiretap wiretap-law |
Whether law enforcement's self-created exigent circumstances justify a Title III wiretap? |
| 23-5404 |
Grace Woodham v. New Hampshire |
New Hampshire |
2023-08-21 |
Denied |
IFP |
appellate-review civil-rights competency-to-stand-trial constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-jurisdiction mental-health-treatment pretrial-detention |
Whether the appellate and trial counsel provided ineffective assistance in violation of the Sixth Amendment right to counsel |
| 23-5410 |
Sedrick D. Russell v. J. Denmark |
Fifth Circuit |
2023-08-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice pro-se-petition sixth-amendment standing |
Must a pro se petitioner alleging a complete denial of counsel specifically cite Cronic to exhaust his claim in the state court? |
| 23-5385 |
Adam Knoll v. Florida |
Florida |
2023-08-18 |
Denied |
Relisted (3)IFP |
constitutional-law constitutional-validity criminal-procedure due-process equal-protection habeas-corpus procedural-error sexual-offense standing |
Whether the Florida Statutes, Chapter 794 and Chapter 800, are constitutionally valid |
| 23-5387 |
James Frank Noel, Jr. v. Indiana Metro Police Department, et al. |
Seventh Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process federal-jurisdiction sentencing statutory-interpretation |
Whether the Petitioner's convictions for a sentencing enhancement under 18 U.S.C. § 924(c) are unconstitutional |
| 23-5389 |
Wilfredo Rodriguez v. United States |
Eleventh Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
appellate-review circuit-split colorable-claim criminal-procedure district-court-discretion due-process federal-criminal-procedure judicial-discretion judicial-response sentencing sentencing-argument |
Where a federal criminal defendant raises a colorable sentencing argument, must the district court acknowledge and respond to it? |
| 23-5390 |
Neeraj Chopra v. United States |
Eighth Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process essential-elements indictment indictment-modification jury-instruction jury-instructions sexual-assault sexual-contact statutory-interpretation |
Whether a jury instruction constructively amends an indictment by modifying the essential elements of the offense charged |
| 23-5391 |
Walter Raul Maguina v. United States |
Fifth Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure district-court due-process evidence extrinsic-evidence harmless-error judicial-procedure prejudice prejudicial-evidence remand |
Whether a district court's failure to address the prejudicial nature of extrinsic evidence requires remand |
| 23-5393 |
Shaun N. Taylor v. Illinois |
Illinois |
2023-08-18 |
Denied |
Response WaivedIFP |
ake-v-oklahoma criminal-procedure due-process expert-appointment expert-witness fourteenth-amendment indigent-defendant insanity-expert mental-competency mental-health right-to-counsel |
Do this Court's decisions in Ake v. Oklahoma and McWilliams v. Dunn require the appointment of a second insanity expert for an indigent defendant wher… |
| 23-5394 |
In Re Justin Lewis |
|
2023-08-18 |
Denied |
IFP |
appellate-jurisdiction civil-rights constitutional-law criminal-procedure double-jeopardy due-process eighth-amendment federal-court fifth-amendment fourteenth-amendment judicial-review legal-procedure |
Whether the denial of a defendant's motion to dismiss on double jeopardy grounds constitutes a constitutional violation |
| 23-5395 |
In Re Justin Lewis |
|
2023-08-18 |
Denied |
IFP |
4th-amendment appellate-jurisdiction civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-court judicial-review prosecutorial-misconduct statutory-interpretation |
Whether the government's prosecution of an individual complies with the Fourth Amendment and due process when the individual's behavior does not const… |
| 23-5399 |
Milton Melvin Rodgers v. California |
California |
2023-08-18 |
Denied |
IFP |
civil-rights constitutional-law constitutional-provisions court-procedure criminal-procedure due-process evidence jurisdictional-issue legal-writ search-and-seizure statutory-provisions |
Whether the trial court erred by admitting evidence taken in violation of the Fourth Amendment and the Fourteenth Amendment to the United States Const… |
| 23-160 |
Francisco Dario Mora v. United States |
Ninth Circuit |
2023-08-18 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
28-usc-2461 criminal-forfeiture criminal-procedure due-process government-seizure property-rights statutory-interpretation substitute-property temporary-possession |
Whether the Government may require criminal defendants under 28 U.S.C. § 2461 to forfeit their own property as a substitute for objects they temporari… |
| 23-5365 |
Marcus Roosevelt Taylor v. United States |
Fourth Circuit |
2023-08-17 |
Denied |
Response WaivedIFP |
asset-forfeiture civil-rights constitutional-rights criminal-procedure drug-proceeds drug-trafficking due-process mandatory-victim-restitution-act restitution restitution-order |
Whether the $228,304 restitution order infringes upon Marcus Taylor's constitutional rights |
| 23-5374 |
Jessie C. Roberts v. Danny Samuel |
Ninth Circuit |
2023-08-17 |
Denied |
Response WaivedIFP |
competency criminal-procedure delusions hallucinations incompetency ineffective-assistance mental-health specific-intent |
Whether trial counsel provided ineffective assistance by failing to investigate and present testimony from mental health experts supporting that the c… |
| 23-5379 |
Everett Charles Wills, II v. Louisiana |
Louisiana |
2023-08-17 |
Denied |
Response WaivedIFP |
actus-reus counsel-concession criminal-defendant-rights criminal-procedure ineffective-assistance-of-counsel mens-rea retroactivity right-to-counsel sixth-amendment trial-strategy |
When guilt is the sole issue for the jury to decide, is it permissible for counsel to unilaterally concede the essential elements (actus reus and mens… |
| 23-5362 |
Jerry Lee Beale, Jr. v. Mississippi |
Mississippi |
2023-08-16 |
Denied |
Response WaivedIFP |
attempted-murder civil-rights criminal-intent criminal-procedure due-process hearsay hearsay-testimony intent jury-instructions officer-testimony trial-procedure |
Whether the indictment was defective for failure to allege what act Beale committed in furtherance of his attempt to kill the officers |
| 23-5363 |
Kyle Richard Bishop v. Georgia |
Georgia |
2023-08-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process judicial-discretion jurisdiction mitigating-factors sentencing-guidelines standing |
Whether the U.S. Constitution allows the conviction of a U.S. citizen without an indictment |
| 23-5364 |
Christopher Alexander Nerius v. United States |
Eleventh Circuit |
2023-08-16 |
Denied |
IFP |
armed-career-criminal-act career-offender-guideline controlled-substance-offense criminal-procedure federal-sentencing prior-conviction sentencing-guidelines timing-question united-states-sentencing-guidelines |
Whether, in determining if a prior offense is a 'controlled substance offense' for purposes of the career offender guideline, U.S.S.G. § 4B1.2(b), sen… |
| 23-5366 |
Ricky Alan Deephouse v. Wyoming |
Wyoming |
2023-08-16 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process hearsay-evidence illegal-opinion-issuance judicial-review rule-of-law single-justice-opinion state-court-procedure state-power-abuse state-supreme-court wyoming-rules-of-evidence |
Did the state supreme court abuse/misuse its power, fail to follow the rule of law, enter a valid affirming of sentence and conviction by only one jus… |
| 23-5372 |
Larry David Davis v. Amy Jackson Douglas, et al. |
Eighth Circuit |
2023-08-16 |
Dismissed |
IFP |
civil-rights constitutional-provisions criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel legal-jurisdiction police-misconduct statutory-interpretation trial-procedure |
whether-a-public-defender-has-an-ethical-duty-to-investigate-and-challenge-the-prosecution's-case |
| 23-5357 |
Carlos Edwin Smith, Jr. v. United States |
Fourth Circuit |
2023-08-15 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a adult-sentencing adverse-childhood-experiences criminal-procedure criminal-sentencing district-court judicial-discretion mitigation-factors relevancy sentencing-guidelines |
Whether a district court fully considers the factors set forth in 18 U.S.C. § 3553(a) when sentencing a defendant if it questions the relevancy of adv… |
| 23-5359 |
James Thomas Burke v. Nick Deml, Commissioner, Vermont Department of Corrections, et al. |
Second Circuit |
2023-08-15 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-rights criminal-procedure defense-counsel due-process effective-assistance effective-assistance-of-counsel right-to-counsel sixth-amendment |
Whether Americans are lawfully entitled to conflict free defense counsel? |
| 23-5350 |
Daniel Chris Ramsey v. California |
California |
2023-08-14 |
Denied |
Response WaivedIFP |
civil-rights competency constitutional-provisions criminal-procedure due-process equal-protection jurisdiction legal-procedure mental-health writ |
Whether the Constitution is violated when a petitioner with mental health issues is denied a competency hearing before facing trial |
| 23-5339 |
Jean Buteau Remarque v. United States |
Fourth Circuit |
2023-08-11 |
Denied |
Response WaivedIFP |
arbitrary-enforcement civil-rights criminal-procedure double-jeopardy due-process fourth-amendment probable-cause section-2252A speedy-trial statutory-interpretation |
whether-an-unprecedented-legal-theory-of-receipt-is-unconstitutional |
| 23-5343 |
Scott Lindsay Halfhill v. Washington |
Washington |
2023-08-11 |
Denied |
IFP |
alternative-suspect circumstantial-evidence criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-doubt sixth-amendment |
Should this Court grant Certiorari when Halfhill was convicted of killing a man with intent upon nothing more than being one of many people in the vic… |
| 23-5345 |
Henry Robledo v. United States |
Ninth Circuit |
2023-08-11 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-rules holguin-hernandez-v-united-states preservation-of-error procedural-reasonableness sentencing sentencing-preservation statutory-interpretation |
Whether an argument for a sentence based on specific statutory sentencing factors is sufficient to preserve a procedural reasonableness claim |
| 23-5324 |
Michael D. Beiter, Jr. v. United States |
Eleventh Circuit |
2023-08-10 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3006a court-appointed-counsel criminal-procedure due-process forced-counsel right-to-counsel sixth-amendment statutory-interpretation waiver |
Whether a district court can force counsel upon a defendant |
| 23-5326 |
Latonia Smith v. United States District Court for the District of Nevada |
Ninth Circuit |
2023-08-10 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process first-amendment free-speech habeas-corpus legal-detention speech-conduct standing |
Whether AOL A(C2I0B) targers_conduct lone_0f SPeecin.and.Conduck Can sir — —_ opinyvons among _. — tthe lowes Coutts ond signifreanty | -taising Fiest… |
| 23-5331 |
Al Douglas Wordly v. United States |
Eleventh Circuit |
2023-08-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split constitutional-vagueness criminal-procedure due-process habeas-corpus procedural-default residual-clause statutory-interpretation vagueness-doctrine |
Whether Johnson v. United States, 576 U.S. 591 (2015), establishes 'cause' to excuse procedurally defaulted 28 U.S.C. § 2255 claims that are predicate… |
| 23-5334 |
Mario Iglesias-Villegas v. United States |
Fifth Circuit |
2023-08-10 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal due-process evidence grand-jury-transcripts habeas-corpus jackson-standard reasonable-doubt rule-6e sufficiency-of-evidence |
Whether a federal court of appeals reviewing a defendant's direct-appeal challenge to the sufficiency of the evidence supporting his conviction must a… |
| 23-5303 |
Jeanne Germeil v. United States |
Eleventh Circuit |
2023-08-09 |
Denied |
Response WaivedIFP |
controlled-substances controlled-substances-act criminal-procedure expert-testimony good-faith jury-instructions medical-practice ruan-v-united-states |
Whether the United States Supreme Court's Decision in Ruan v. United States Warrants Certiorari Review of the Court's Refusal to Instruct the Jury on … |
| 23-5310 |
Joseph Tyshawn Darren Favorite v. United States |
Sixth Circuit |
2023-08-09 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
burden-of-proof confrontation-clause criminal-conduct criminal-procedure due-process evidentiary-standards judicial-discretion police-report sentencing-enhancement uncorroborated-accusation |
Whether the Court may rely on an uncorroborated accusation of criminal conduct in a police report to enhance a defendant's sentence when the report is… |
| 23-5312 |
In Re Brian D. Smith |
|
2023-08-09 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal plea-bargaining right-to-appeal |
Is Smith's plea of guilty invalid? |
| 23-5314 |
Joe Crawford v. United States |
Fifth Circuit |
2023-08-09 |
Denied |
Response WaivedIFP |
confidential-informant criminal-law criminal-procedure due-process evidence evidence-sufficiency felony-conviction jury-instructions mens-rea reasonable-doubt rehaif-standard réhaif-v-united-states |
Whether the evidence was insufficient to sustain a conviction when the government fails to prove beyond a reasonable doubt that the petitioner knew or… |
| 23-5315 |
Jesse Dean Redfearn v. Oklahoma |
Oklahoma |
2023-08-09 |
Denied |
IFP |
42-usc-1983 civil-rights compulsory-process confrontation-clause criminal-procedure due-process sixth-amendment witness-obstruction |
Did the trial court and/or the prosecution violate the Sixth Amendment confrontation-clause and clearly-established-law by concealing the location of … |
| 23-5320 |
Curtis Lavon Magee v. United States |
Fifth Circuit |
2023-08-09 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver |
Whether the Fifth Circuit erred by dismissing Mr. Magee's appeal based on the waiver of appeal provisions in his Plea Agreement |
| 23-5321 |
Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-08-09 |
Denied |
Relisted (2)IFP |
appeals appellate-jurisdiction constitutional-review criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-procedure plea-bargaining procedural-barriers right-to-counsel state-courts |
Question not identified |
| 23-5322 |
Tommie Doward Weathers, Jr. v. United States |
Fourth Circuit |
2023-08-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fault-determination pretrial-confinement pretrial-detention release-from-confinement speedy-trial-act statutory-interpretation |
Meaning of 'fault' in 18 U.S.C. § 3164(c) |
| 23-5323 |
Don Collins v. Rob Jeffreys, et al. |
Seventh Circuit |
2023-08-09 |
Denied |
IFP |
access-to-courts appellate-review civil-rights court-dismissal document-access due-process evidence evidentiary-hearing foia foia-request institutional-bias procedural-fairness |
Whether the lower court erred in dismissing the case after granting leave to serve defendants, and in failing to address issues related to access to e… |
| 23-5298 |
Edgar Sandoval Catarino v. California |
California |
2023-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment jury-trial mandatory-minimum sentencing sixth-amendment |
Do the Sixth and Fourteenth Amendments confer a right to a jury trial with respect to a fact that has the dual effect of (1) increasing the mandatory … |
| 23-119 |
Rolland G. Shoup, II v. Indiana |
Indiana |
2023-08-08 |
Denied |
Response Waived |
brady-v-maryland brady-violation civil-criminal-distinction civil-procedure constitutional-rights criminal-procedure due-process speeding-infraction speeding-infractions state-power |
Whether a state may deprive a citizen of his right to due process and ignore this Court's ruling in Brady v. Maryland, 373 U.S. 83 (1963) by treating … |
| 23-121 |
Patrick Shin v. United States |
Ninth Circuit |
2023-08-08 |
Denied |
Response Waived |
coram-nobis criminal-case criminal-procedure defendant-decision-making ineffective-assistance plea-bargaining post-hoc-assertion prejudice strickland-standard strickland-v-washington writ-of-error |
Whether a district court may require an additional showing of prejudice to grant a writ of coram-nobis |
| 23-5294 |
Micky Don Wade v. Texas |
Texas |
2023-08-07 |
Denied |
IFP |
criminal-procedure cronic-standard due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard |
Whether a state court may evaluate a Cronic claim under the more burdensome standard of Strickland |
| 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 |
Was the defense counsel ineffective in not automatically filing a notice of appeal? |
| 23-5281 |
Morris Scott Holmes v. Tommy Bowen, Warden |
Georgia |
2023-08-04 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure double-jeopardy due-process fair-trial habeas-corpus ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct |
Whether the petitioner's constitutional rights were violated by successive prosecutions for the same conduct, defective indictments, improper case ass… |
| 23-5284 |
John Wesley Lee, Jr. v. Maryland |
Maryland |
2023-08-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery discovery-violation dna-evidence dna-testing due-process ineffective-assistance-of-counsel judicial-misconduct pro-se-litigant video-recording |
Whether an Indigent Pro Se Petitioner is Entitled to counsel |
| 23-5289 |
Willie Seth Crain, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-08-04 |
Denied |
IFP |
appellate-review constitutional-rights criminal-procedure due-process evidence-sufficiency fourteenth-amendment ineffective-assistance pleadings sixth-amendment sufficiency-of-evidence |
Is it a violation of the Fourteenth Amendment right to Due Process to allow a conviction to stand where some of the elements of the crime were not est… |
| 23-5292 |
Carlos Arturo Patino Restrepo v. United States |
Second Circuit |
2023-08-04 |
Denied |
Response WaivedIFP |
conspiracy constructive-amendment criminal-procedure due-process indictment jury-instructions prosecutorial-discretion |
Whether a district court's conspiracy instructions that remove any mention of a specific group from the overall conspiratorial agreement constitute a … |
| 23-5270 |
Justin Lewis v. United States |
Eleventh Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
appellate-jurisdiction constitutional-violation criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment good-faith-appeal motion-to-dismiss |
Whether a court can verbally deny a motion to dismiss on Double Jeopardy grounds without a full record |
| 23-5271 |
Eric Villarreal v. California |
California |
2023-08-03 |
Denied |
IFP |
abuse-of-discretion court-of-appeals criminal-conviction criminal-procedure disability due-process ineffective-assistance-of-counsel judicial-standard legal-review mental-health psychological-disorder right-to-counsel |
Did the trial courts abuse its discretion by denying VeSendant and Repellant repeated request for new counsel |
| 23-5273 |
Cory Joe Barton v. United States |
Fifth Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process fifth-circuit procedural-due-process rule-32 sentencing statutory-construction |
Did the Fifth Circuit err in holding that the determination of Mr. Barton's sentence did not violate his procedural due process rights? |
| 23-5274 |
Wicahpe George Milk v. United States |
Eighth Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
18-usc-1503 attorney-client-privilege constitutional-challenge criminal-procedure dismissal indian-reservation jurisdiction statutory-interpretation suppression |
Whether acts occurring on the Pine Ridge Indian Reservation deprived the Court of jurisdiction over all parts of the indictment |
| 23-5276 |
German Martinez v. United States |
Fifth Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-guidelines sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 23-104 |
Granville S. Watson v. Connecticut, et al. |
Second Circuit |
2023-08-03 |
Denied |
|
18-usc-242 civil-rights constitutional-rights criminal-procedure discretionary-function-exception federal-tort-claims-act fraudulent-concealment sovereign-immunity wrongful-incarceration |
When is it appropriate to seek compensation for wrongful incarceration? |
| 23-107 |
Louis Matthew Clements v. Florida, et al. |
Eleventh Circuit |
2023-08-03 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
criminal-procedure criminal-sanction custody due-process federal-jurisdiction habeas-corpus liberty liberty-restraint sex-offender-registration statutory-interpretation |
Whether a person is 'in custody' within the meaning of 28 U.S.C. § 2254 if that person remains subject for the rest of his life to a state-law sex-off… |
| 23-95 |
Philip Esformes v. United States |
Eleventh Circuit |
2023-08-02 |
Denied |
|
attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment |
Whether a criminal defendant must show actual prejudice to establish a Sixth Amendment violation warranting dismissal of the indictment or disqualific… |
| 23-5251 |
Mark Edwin Guida v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-01 |
Denied |
IFP |
4th-amendment 5th-amendment cell-phone-evidence criminal-procedure exclusionary-rule fourth-amendment illegal-search probable-cause search-and-seizure suppression-of-evidence warrant-requirement |
Was evidence presented at a trial for murder subject to the exclusionary rule, where said evidence was the result of an illegal search of the defendan… |
| 23-5253 |
Youssef Hoballah v. Virginia |
Virginia |
2023-08-01 |
Denied |
IFP |
appeal-procedure constitutional-rights criminal-procedure double-jeopardy due-process evidence plea-bargaining sentencing sixth-amendment structural-error trial-procedure |
Whether the defendant's plea agreement was invalid, and the defendant's conviction should be vacated, due to the defendant being incarcerated on an un… |
| 23-5256 |
Joseph Fenelon Cooper v. United States |
Eleventh Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
28-usc-2255 crime-of-violence criminal-procedure elements-clause firearm-conviction johnson-precedent johnson-v-united-states section-2255 successive-petition united-states-v-taylor welch-v-united-states |
Whether a petitioner in a properly filed successive petition pursuant to 28 U.S.C. § 2255 challenging his conviction for possession of a firearm durin… |
| 23-5257 |
Angel Rios-Edeza v. United States |
Ninth Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
burden-of-proof closing-argument criminal-procedure due-process evidence-vouching jury-instructions ninth-circuit prosecutorial-misconduct rebuttal-argument |
Did the Ninth Circuit error in finding that there was no prosecutorial misconduct? |
| 23-5261 |
Everado Joe Flores-Salcido v. United States |
Fifth Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
almendarez-torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5264 |
Julio Cesar De La Rosa-De La Cerda v. United States |
Fifth Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5245 |
Juan Leonardo Aparicio-Martinez v. United States |
Fifth Circuit |
2023-07-31 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5247 |
In Re David Jackson |
|
2023-07-31 |
Dismissed |
IFP |
and post-conviction proceedings trial 14th-amendment 4th-amendment arrest-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel post-conviction-relief probable-cause retaliation search-and-seizure self-incrimination trial-procedure |
Whether the warrantless search and seizure of February 14, 1991 violated the 4th and 14th Amendment rights |
| 23-5232 |
In Re Marcus Antone Peterson |
|
2023-07-28 |
Denied |
IFP |
civil-rights constitutional-rights court-jurisdiction criminal-procedure due-process illegal-imprisonment jurisdiction jurisdictional-defect mandamus mandamus-relief sentencing |
Can the lower court's lack of jurisdiction and failure to properly arraign the defendant warrant immediate release? |
| 23-5233 |
Randall Lamont Sanders v. Oklahoma |
Oklahoma |
2023-07-28 |
Denied |
IFP |
14th-amendment criminal-procedure due-process insufficiency-of-evidence jackson-v-virginia oklahoma-court-of-criminal-appeals standard-of-review supremacy-clause supreme-court-standard |
Whether the Oklahoma Court of Criminal Appeals failed to apply this Court's standard for insufficiency of evidence as described in Jackson v. Virginia… |
| 23-5235 |
Hector Lares-Nunez v. United States |
Fifth Circuit |
2023-07-28 |
Denied |
Response WaivedIFP |
case-precedent certiorari constitutional-interpretation constitutional-law criminal-procedure due-process judicial-overruling precedent sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5237 |
Jordan Cole Laws v. United States |
Fourth Circuit |
2023-07-28 |
Denied |
Response WaivedIFP |
court-discretion criminal-procedure factual-findings indigent indigent-defendant justice-for-victims-of-trafficking-act sentencing special-assessment statutory-interpretation |
Did the district court err when it imposed a $5,000 special assessment, pursuant to the Justice for Victims of Trafficking Act of 2015, 18 U.S.C. § 30… |
| 23-5239 |
Samuel Trelawney Hughes v. United States |
Ninth Circuit |
2023-07-28 |
Denied |
Response WaivedIFP |
autism-spectrum-disorder boykin boykin-standard change-of-plea cognitive-deficiencies cognitive-deficiency criminal-procedure district-court-record due-process plea-hearing |
Did the Ninth Circuit's rejecting Petitioner's due-process claim regarding his change-of-plea hearing conflict with Boykin-and-its-progeny, particular… |
| 23-5240 |
Alden Brent Cooper v. United States |
Fifth Circuit |
2023-07-28 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-conduct criminal-procedure due-process fifth-amendment presentence-investigation presentence-investigation-report sentencing sentencing-guidelines |
Does denial of credit for alleged criminal conduct the defendant refuses to admit and denies in good faith he committed violate the Due Process Clause… |
| 23-5241 |
Lenroy McLean v. United States |
Second Circuit |
2023-07-28 |
Denied |
Response WaivedIFP |
case-law civil-rights constitutional-interpretation constitutional-law criminal-procedure due-process fourth-amendment judicial-conflict legal-precedent standing |
Whether there is a conflict between Kimmelman v Morrison and Ex-Parte Milligan on the Fourth Amendment as a trial right in criminal prosecution |
| 23-5220 |
Amy Jacquelyn Harkins v. Citizens Bank |
Second Circuit |
2023-07-27 |
Denied |
IFP |
administrative-law attorney-client-privilege civil-procedure civil-rights constitutional-law crime-fraud-exception evidence judicial-review legal-procedure professional-responsibility statutory-interpretation |
whether-a-court-can-compel-a-party-to-disclose-privileged-communications-under-the-crime-fraud-exception |
| 23-5221 |
Gilberto Betero-Carrillo v. United States |
Fifth Circuit |
2023-07-27 |
Denied |
Response WaivedIFP |
alleyne-rule almendarez-torres appellate-procedure apprendi-rule constitutional-law criminal-law criminal-procedure due-process judicial-interpretation precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 23-5225 |
Leonard Sapp v. United States |
Eleventh Circuit |
2023-07-27 |
Denied |
Response WaivedIFP |
brady-violation burden-of-proof constitutional-rights criminal-defendant criminal-procedure district-court due-process fair-trial government-misconduct imminent-danger |
Was Leonard Sapp afforded a fair trial when the Government shifted the burden of proof to the Defense during trial? |
| 23-5226 |
Cornelius Michael Turner v. United States |
Eleventh Circuit |
2023-07-27 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure judicial-factfinding occasions-clause sentencing sentencing-enhancement sixth-amendment wooden-v-united-states |
Whether a defendant's Armed Career Criminal Act sentence may be affirmed when the lower court fails to properly apply this Court's occasions clause te… |
| 23-5227 |
Luis Roman v. Illinois |
Illinois |
2023-07-27 |
Denied |
IFP |
abuse-of-discretion civil-rights criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-counsel |
Why were the defendant indicted and tried at a bench trial in violation of 725 ILCS 5/109-3? |
| 23-5229 |
Rodolfo Hernandez Roman v. United States |
Fifth Circuit |
2023-07-27 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-82 |
Joshua Isaiah Joyner v. Texas |
Texas |
2023-07-27 |
Denied |
Response Waived |
constitutional-violations criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel juvenile-justice procedural-due-process prosecutorial-misconduct self-defense |
Did the TCCA deny petitioner procedural due process by summarily rejecting his substantial constitutional claims without requiring the trial court to … |
| 23-5199 |
Duron B. Peoples v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2023-07-26 |
Denied |
IFP |
compulsory-process criminal-procedure due-process federal-courts hearsay-exception ineffective-assistance ineffective-counsel murder-conspiracy witness-testimony witness-unavailability |
Is federal due process violated where a federal court concludes that a petitioner's counsel ineffective claim lacks merit because petitioner did not s… |
| 23-5200 |
Augustine Rincon Medina v. California |
California |
2023-07-26 |
Denied |
IFP |
birks-rule constitutional-law criminal-charging criminal-procedure due-process jury-instructions lesser-included-offense lesser-offense prosecutorial-discretion |
Whether the rule announced in People v. Birks (1998) 19 Cal.4th 108, which permits a prosecutor to veto a defendant's request for an instruction on a … |
| 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… |
| 23-5204 |
Larry David Davis v. Anna Catherine Cargile, Prosecutor, Pulaski County Prosecutor's Office, et al. |
Eighth Circuit |
2023-07-26 |
Dismissed |
IFP |
civil-rights constitutional-provisions court-filing criminal-procedure due-process jurisdiction legal-document petition police-misconduct qualified-immunity search-and-seizure statutory-provisions |
Whether the district court erred in denying the petitioner's motion to suppress evidence obtained in violation of the Fourth Amendment |
| 23-5205 |
Steven Lesane v. United States |
Second Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation |
Whether the District Court abused its discretion in denying appellant's motion to withdraw guilty plea |
| 23-5206 |
Francisco J. Castaneda v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-26 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights criminal-convictions criminal-procedure detention-standards due-process effective-assistance-of-counsel interrogation-tactics law-enforcement police-questioning search-and-seizure |
Was the petitioner unlawfully detained? |
| 23-5208 |
Jason Boudreau v. United States |
First Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process first-amendment fourth-amendment plea-agreement search-and-seizure search-condition sentencing sentencing-enhancement |
Whether the District Court's decision to subject the Petitioner to a lifetime suspicionless search condition that lacks any limitations at all violate… |
| 23-5210 |
Andres Zapata-Reyes v. United States |
Fifth Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
case-law certiorari constitutional-interpretation criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5211 |
Andrew Cook v. Robert Martin, Warden, et al. |
Second Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
abstention amendment-protections civil-rights constitutional-rights criminal-procedure due-process executive-power executive-powers general-warrants judicial-abstention younger-doctrine |
Whether there are issues of Constitutional importance regarding the 4th, 6th, 8th and 14th Amendments |
| 23-5213 |
Deangelo Devon Grant v. United States |
Sixth Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process indictment indictment-interpretation judicial-discretion methamphetamine methamphetamine-weight sentencing-guidelines |
Does utilizing a provision of the United States Sentencing Guidelines for 'actual' weight of methamphetamine, rather than the charged offense of 'mixt… |
| 23-5216 |
Kinley MacDonald v. Michael A. Duddy, et al. |
First Circuit |
2023-07-26 |
Denied |
Relisted (2)IFP |
child-abuse constitutional-rights criminal-procedure due-process federal-jurisdiction foster-care hearsay interstate-crime jurisdiction parental-rights standing witness-tampering |
Can a trial court open and remove children in a 'preserve custody' case based solely on hearsay allegations prohibited by state statute in secret and … |
| 23-5217 |
Kinley MacDonald v. Maine |
Maine |
2023-07-26 |
Denied |
Relisted (2)IFP |
bail-bond-conditions child-protective-custody constitutional-rights criminal-procedure custody due-process family-reunification hearsay judicial-review legal-standards state-statute |
Can a judge in a child protective custody case base a decision solely on hearsay accusations prohibited by state statute, then set bail/bond condition… |
| 23-5218 |
In Re Jerome Curry |
|
2023-07-26 |
Denied |
Relisted (2)IFP |
civil-procedure constitutional-rights criminal-procedure due-process indictment material-facts non-response sentencing standing summary-judgment waiver |
Does the law require that due to the Respondent's non-response to Summary Judgment and failure to present before the Court a genuine issue of material… |
| 23-5187 |
Juan Sepulveda-Arreola v. United States |
Fifth Circuit |
2023-07-25 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure district-court federal-jurisdiction federal-law fifth-circuit minor-participant sentencing-guidelines |
Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts related to the district court's erroneous refusal to de… |
| 23-5190 |
Mardy D. Mollett, Jr. v. United States |
Sixth Circuit |
2023-07-25 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process felon-in-possession firearm-possession justification-defense second-amendment |
Does the inclusion of a fifth element of the justification defense for being a felon in possession of a firearm, requiring the Defendant to prove that… |
| 23-5193 |
Bradley Ross Fairbourn v. Neicole Morden, Warden, et al. |
Tenth Circuit |
2023-07-25 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process fair-trial habeas-corpus impliedly-biased-juror juror-bias strickland-standard strickland-v-washington structural-error weaver-v-massachusetts |
Whether the Strickland actual-prejudice standard applies to a structural error in the form of an impliedly-biased juror |
| 23-5195 |
Cynthia Kaye Wood v. Texas |
Texas |
2023-07-25 |
Denied |
IFP |
constitutional-rights criminal-intent criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance mens-rea specific-intent voluntary-plea |
Was the defendant's guilty plea voluntary when she did not know the mens rea for the charged offense? |
| 23-5180 |
Dickens Etienne v. Michelle Edmark, Warden |
First Circuit |
2023-07-24 |
Denied |
Response WaivedIFP |
criminal-investigation criminal-procedure exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness post-arrest-conduct post-conviction-review right-to-counsel strickland-standard strickland-v-washington |
Whether trial counsel's failure to investigate the defendant's history of mental illness and mental health issues, including as it related to the alle… |
| 23-5181 |
Rudy Alexander Ventura-Recinos v. United States |
Fifth Circuit |
2023-07-24 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-standard sentencing Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5177 |
Kenneth Ragan-Armstrong v. United States |
Fourth Circuit |
2023-07-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion plain-error procedural-reasonableness sentencing sentencing-conditions supervised-release |
Whether the district court plainly erred in imposing special conditions of supervision without explaining why such conditions were necessary or approp… |
| 23-5178 |
Bobby Dean Robey v. United States |
Eighth Circuit |
2023-07-24 |
Denied |
Response WaivedIFP |
career-offender conspiracy criminal-procedure drug-crimes evidence sentencing |
Whether there was insufficient evidence that Mr. Robey was involved in the 'importation' of methamphetamine? |
| 23A65 |
Jacob Hilbert v. Missouri |
Missouri |
2023-07-24 |
Presumed Complete |
|
bench-trial criminal-procedure fourteenth-amendment jury-trial-waiver sixth-amendment valid-waiver |
Whether the Sixth Amendment requires that a waiver of the right to a jury trial in a criminal proceeding must be made personally by the defendant, or … |
| 23-5161 |
Derek M. Funk v. Oklahoma |
Oklahoma |
2023-07-21 |
Denied |
IFP |
14th-amendment 9th-amendment civil-rights confrontation-clause constitutional-challenge constitutional-law criminal-procedure due-process evidence-admissibility statute-interpretation statutory-interpretation |
Are Oklahoma statutes conformity with U.S. Constitution, Amendments IX and XIV? |
| 23-5162 |
DeMario B. Griffin v. United States |
Eighth Circuit |
2023-07-21 |
Denied |
Response WaivedIFP |
circuit-court criminal-procedure direct-appeal due-process fifth-amendment jurisdiction mandate-recall right-to-counsel sixth-amendment |
Does Griffin have a right to counsel on his first direct appeal under the Fifth Amendment? |
| 23-5163 |
Michael Joseph Formica v. Virginia |
Virginia |
2023-07-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure district-court due-process evidence exculpatory-evidence impeachment judicial-discretion standing |
Whether the Circuit Court for the City of Corvallis violated the Fourth Amendment by failing to compel the Multnomah County District Attorney's office… |
| 23-5171 |
Natoya Cunningham v. Florida |
Florida |
2023-07-21 |
Denied |
Response RequestedResponse WaivedRelisted (19)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5173 |
Jose Luis Guzman v. Florida |
Florida |
2023-07-21 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5147 |
Johnny Johnson v. David Vandergriff, Warden |
Missouri |
2023-07-20 |
Denied |
IFP |
attorney-general brady-v-maryland brady-violation continuing-duty-to-disclose criminal-procedure critical-state's-witnesses due-process impeachment-evidence local-prosecutor's-office material-impeachment-evidence prosecutorial-misconduct witness-credibility |
Is the continuing duty to disclose material impeachment evidence regarding critical state's witnesses pursuant to Brady v. Maryland, 373 U.S. 83 (1963… |
| 23-5150 |
Augustus Quintrell Light v. United States |
Eighth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
constitutional-due-process criminal-procedure government-misconduct illegal-sentence ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-error |
Did the Eighth Circuit Court of Appeals commit plain error when it found that the district court did not abuse its discretion in denying petitioner's … |
| 23-5152 |
Angel Maldonado v. Pennsylvania |
Pennsylvania |
2023-07-20 |
Denied |
Response WaivedIFP |
criminal-procedure curative-instruction ineffective-assistance ineffective-assistance-of-counsel jury-instructions pennsylvania-supreme-court reasonable-doubt state-court-review |
Whether the Pennsylvania Supreme Court erred in denying a new trial based on ineffective assistance of counsel for failing to object to jury instructi… |
| 23-5154 |
Justin Christopher Smith v. United States |
Sixth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
appeal-waiver armed-career-criminal-act criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentencing statutory-interpretation statutory-sentencing violent-felony violent-offense |
Whether an appeal waiver can bar an attack on an enhanced statutory sentence? |
| 23-5158 |
Martice Deshawn Wallace v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process federal-jurisdiction fourteenth-amendment fourth-amendment habeas-corpus suppression-of-evidence witness-testimony |
Whether the suppression of a witness' testimony violates the defendant's due process rights under the Fourteenth Amendment |
| 23-5130 |
Caleb Bryant Hickcox v. United States |
Fifth Circuit |
2023-07-19 |
Denied |
Response WaivedIFP |
bruen circuit-split criminal-procedure criminal-sentencing district-court-procedure reasonableness reasonableness-review second-amendment sentencing sentencing-requirements statutory-interpretation |
Must district courts comply with 18-usc-3553(c) |
| 23-5131 |
Xavier Dominique Garris v. United States |
Fourth Circuit |
2023-07-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourth-circuit harmless-error judicial-review plea-bargaining plea-colloquy rehaif-error remand standard-of-review trial-probability |
Whether Rehaif error occurred and the Fourth Circuit erred in failing to remand the case |
| 23-5137 |
Joshua Christopher Stockstill v. United States |
Fifth Circuit |
2023-07-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court-discretion due-process federal-sentencing-guidelines section-3553a-factors sentencing sentencing-factors sentencing-guidelines sentencing-reasonableness |
Whether the district court ordered a substantively unreasonable 30-year prison sentence |
| 23-5141 |
Alejandro Holguin v. United States |
Fifth Circuit |
2023-07-19 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5118 |
In Re Dustin Ray Braddock |
|
2023-07-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process expert-testimony jury-instructions prosecutorial-misconduct structural-error subject-matter-jurisdiction supreme-court trial-error |
Whether a dual-role jury instruction is required when law enforcement officers testify as both expert and percipient witnesses |
| 23-5121 |
Kyle Ross Rivers v. United States |
Fifth Circuit |
2023-07-18 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining sentence-appeal sentencing waiver waiver-of-rights |
Whether a defendant can waive the right to appeal his sentence before the right has accrued |
| 23-5125 |
Justin Lewis v. United States |
Eleventh Circuit |
2023-07-18 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance jurisdiction sixth-amendment |
Whether the Double Jeopardy Clause prohibits the government from prosecuting a defendant for the same offense after a court has previously denied the … |
| 23-5127 |
Edward R. Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2023-07-18 |
Denied |
IFP |
constitutional-rights criminal-procedure dna-analysis dna-evidence due-process habeas-corpus laboratory-evidence sentencing trial-procedure |
Did the sentencing court err in using false and misleading DNA laboratory analysis in the petitioner's trial proceeding, which violated the petitioner… |
| 23-46 |
United States v. Cassity Danielle Jones |
Fourth Circuit |
2023-07-17 |
GVR |
Response RequestedResponse WaivedRelisted (3) |
criminal-history criminal-procedure due-process federal-sentencing federal-sentencing-guidelines safety-valve sentencing sentencing-relief statutory-interpretation |
Whether a defendant must meet certain criminal history criteria to qualify for 'safety-valve' sentencing relief under 18 U.S.C. 3553(f)(1) |
| 23-5113 |
Charleton Maxwell v. United States |
Eighth Circuit |
2023-07-17 |
Denied |
Response WaivedIFP |
8th-circuit conservative-estimate criminal-procedure drug-quantity due-process federal-sentencing judicial-discretion sentencing sentencing-guidelines walton-rule |
Whether a higher degree of protection is required by the due process clause when the sentencing judge uses a mere preponderance standard to determine … |
| 23-5115 |
Lonnie Eugene Lillard v. United States |
Ninth Circuit |
2023-07-17 |
Denied |
IFP |
counsel-of-choice criminal-procedure due-process fund-seizure hearing-requirement luis-v-united-states right-to-counsel seizure-of-funds self-representation |
Whether a court may rule on a request for self-representation based solely on the existing record or whether it must hold a hearing and question the d… |
| 23-5102 |
Taiwo K. Onamuti v. United States |
Seventh Circuit |
2023-07-14 |
Denied |
Response WaivedIFP |
18-usc-1028a 18-usc-287 aggravated-identity-theft counsel-advice criminal-procedure guilty-plea ineffective-assistance-of-counsel plea-bargaining plenary-resentencing sentencing-enhancement statutory-interpretation |
Can an original guilty plea be completely knowing and voluntary? |
| 23-5078 |
Kendrick Ramon Page v. United States |
Eighth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment minimization minimization-requirement motion-to-suppress necessity probable-cause theory-of-defense-instruction wiretap wiretap-evidence |
Whether the 8th Circuit erred in affirming the denial of wiretap evidence and the refusal to provide a theory of defense instruction |
| 23-5079 |
Genaro Perchez-Hernandez v. United States |
Fifth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5090 |
Travis J. Brown v. California |
California |
2023-07-13 |
Denied |
Response RequestedRelisted (3)IFP |
acquittal appellate-jurisdiction constitutional-protections criminal-procedure double-jeopardy due-process fifth-amendment judicial-review mistrial procedural-error |
Whether principles of double jeopardy protect a defendant from successive prosecutions of inconsistent verdicts contrary to Powell's analysis |
| 23-5094 |
Adam Jason Poitra v. United States |
Eighth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
aggravated-sexual-abuse criminal-procedure due-process jury-instructions sexual-abuse sixth-amendment unanimity unanimity-instruction |
Whether the Sixth Amendment requires a specific unanimity instruction when the government introduces evidence of multiple alleged instances of sexual … |
| 23-5095 |
Marland Maynor v. United States |
Fourth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
2nd-amendment constitutional-challenge criminal-law criminal-procedure due-process facial-challenge federal-statute plain-error second-amendment standing |
Whether 18 U.S.C. § 922(g)(1) is facially unconstitutional under the Second Amendment |
| 23-5098 |
Arthur Ray Deere, Sr. v. California Department of Corrections and Rehabilitation Employees, et al. |
Ninth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-provisions criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus prison-conditions statutory-provisions |
Whether the conditions of confinement at Mule Creek State Prison violate the Eighth Amendment's prohibition on cruel and unusual punishment |
| 23-5101 |
Christopher Wade v. United States |
Fifth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure fifth-circuit gall-v-united-states harmless-error judicial-precedent sentencing sentencing-guidelines united-states-v-guzman-rendon |
Whether the Fifth Circuit's application of harmless error doctrine violates SCOTUS precedent |
| 23-5081 |
Ronnie R. Lovell v. United States |
Sixth Circuit |
2023-07-12 |
Denied |
Response WaivedIFP |
armed-career-criminal-act burden-of-proof criminal-procedure fifth-amendment jury-trial preponderance-of-evidence sentencing-enhancement sixth-amendment |
Can a district court judge determine that an individual's prior offenses occurred 'on occasions different,' as required by the Armed Career Criminal A… |
| 23-5083 |
James Calfee v. Texas |
Texas |
2023-07-12 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process evidence exculpatory-evidence fair-trial government-powers judicial-discretion |
Did Potttoner cits to due Process of the Courkeentn Wendt wf We ducted stude's Const. Wo lated |
| 23-5075 |
Derek J. Petty v. United States |
Eighth Circuit |
2023-07-11 |
Denied |
Response WaivedIFP |
criminal-law criminal-offense criminal-procedure due-process essential-element federal-felony federal-jurisdiction indictment indictment-defect judicial-review structural-error |
Whether the omission of an essential element of a criminal offense from a federal felony indictment constitutes structural error |
| 23-5062 |
Alfredo Martinez-Rubio v. United States |
Fifth Circuit |
2023-07-10 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5063 |
Bradley M. Cox v. United States |
Seventh Circuit |
2023-07-10 |
Denied |
Response WaivedIFP |
compulsory-process constitutional-rights criminal-procedure due-process federal-criminal-procedure interstate-commerce interstate-nexus judgment-of-acquittal motion-for-judgment-of-acquittal sufficiency-of-evidence threat-of-damage |
Question not identified |
| 23-5064 |
Joseph Chandler Davall v. Warren L. Montgomery, Warden |
Ninth Circuit |
2023-07-10 |
Denied |
IFP |
child-custody confrontation-clause constitutional-provisions criminal-procedure custody-dispute due-process evidence hearsay judicial-procedure legal-jurisdiction statutory-interpretation |
Whether the admission of a child's out-of-court statements violates the Confrontation Clause |
| 23-5065 |
Mario Reynoso v. United States |
Tenth Circuit |
2023-07-10 |
Dismissed |
Response WaivedIFP |
appointment-of-counsel civil-rights criminal-procedure due-process methamphetamine-distribution standing subject-matter-jurisdiction tenth-circuit writ-of-certiorari |
Did the Tenth Circuit Court of Appeals erroneously find that the courts lacked subject matter jurisdiction and that the petitioner's motion for appoin… |
| 23-5058 |
Gabriel Simental-Murillo v. United States |
Fifth Circuit |
2023-07-07 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5059 |
Savon Hardaway v. United States |
Fourth Circuit |
2023-07-07 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure felon-in-possession guilty-plea harmless-error mens-rea plea-agreement rehaif-advisement rehaif-v-united-states sentencing-error |
Whether Mr. Hardaway made a sufficient showing that if he had been properly advised, there is a reasonable probability that he would not have pleaded … |
| 23-5049 |
Marcus O. Singleton v. Scott Eckstein, Warden |
Seventh Circuit |
2023-07-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error judicial-review prosecutorial-misconduct prosecutorial-vouching trial-misconduct wisconsin-courts witness-credibility |
Whether the prosecutor vouched for their witnesses |
| 23-5052 |
Richie A. Stokes, Jr. v. New York |
New York |
2023-07-06 |
Denied |
IFP |
constitutional-rights court-dismissal criminal-procedure due-process evidence judicial-discretion jury-tampering legal-standards prosecutorial-misconduct speedy-trial |
Whether the district court erred in dismissing the indictment against the defendant |
| 23-5054 |
Vitaly Burleovitsch Kolosha v. Oklahoma |
Oklahoma |
2023-07-06 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure double-jeopardy due-process evidence-access exculpatory-evidence grand-jury multiple-prosecutions post-conviction sentencing state-prison |
Whether the Oklahoma state courts had jurisdiction to prosecute the petitioner after the federal court refused to hear the case and dismissed the char… |
| 23-14 |
Delilah Guadalupe Diaz v. United States |
Ninth Circuit |
2023-07-05 |
Judgment Issued |
Amici (3)Relisted (2) |
criminal-procedure drug-trafficking evidence evidence-law expert-testimony mens-rea mental-state rule-704(b) rule-704b |
In a prosecution for drug trafficking—where an element of the offense is that the defendant knew she was carrying illegal drugs—does Rule 704(b) permi… |
| 23-5030 |
Nygel Dejon Freeman v. United States |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
appeal constitutional-provisions court-of-appeals criminal-procedure due-process judicial-review legal-evidence reasonable-doubt rule-29 statutory-provisions sufficiency-of-evidence |
Whether the District Court and Court of Appeals erred in denying Mr. Freeman's Rule 29 motion due to insufficient evidence to prove guilt beyond a rea… |
| 23-5031 |
Marc Anthony Hill v. United States |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedRelisted (2)IFP |
advance-knowledge apprendi-precedent circuit-court-interpretation criminal-procedure due-process essential-elements fifth-amendment four-corner-rule jury-findings sentencing statutory-interpretation supreme-court |
Is Apprendi v. New Jersey still good law? |
| 23-5033 |
Rick John Morales, Jr. v. United States |
Ninth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-diligence expert-witness government-action speedy-trial trial-procedure trial-scheduling witness-appearance |
Whether sending an email asking if there is a 'better' date for an expert witness qualifies as the Government's requirement to act with 'due diligence… |
| 23-5035 |
Miguel Lux-Tum v. United States |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial legal-doctrine precedent-overruling sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5042 |
Daniel Robinson v. United States |
Third Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
conspiracy constructive-amendment criminal-procedure due-process federal-rule-of-evidence fifth-amendment grand-jury law-enforcement-testimony opinion-evidence prosecutorial-overreach |
Whether this Court's guidance on constructive amendments in conspiracy cases is necessary to protect criminal defendants' Fifth Amendment rights |
| 23-5043 |
Coby Quinton Ceaser v. Tim Hooper, Warden |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-suppression ineffective-assistance jackson-standard jury-instructions prosecutorial-misconduct right-to-present-defense right-to-testify trial-fairness |
Can the Jackson standard be satisfied when relevant, material, and appreciable evidence is impermissibly kept from the jury? |
| 23-5045 |
Evans Samuel Santos Diaz v. United States |
Third Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
associational-rights conditions-of-release constitutional-scrutiny criminal-procedure due-process first-amendment freedom-of-association individual-liberty supervised-release |
Does a condition of supervised release that prevents association between an individual and their fiancée for two years pass First Amendment scrutiny? |
| 23-5016 |
Jonathan Limbrick v. United States |
Fifth Circuit |
2023-07-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion courts-of-appeals criminal-procedure fair-and-just-reason fifth-circuit guilty-plea kercheval-v-united-states plea-withdrawal rule-11 |
Did the Fifth Circuit err in finding no abuse of discretion in denying motion to withdraw guilty plea? |
| 23-5020 |
Christopher Delgado v. United States |
Ninth Circuit |
2023-07-03 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidentiary-standard federal-rules-of-evidence inextricably-intertwined other-bad-acts rule-404(b) rule-404b standard |
Whether evidence of other bad acts is exempted from the limits and requirements of Rule 404(b) of the Federal Rules of Evidence when it is 'inextricab… |
| 23-5024 |
Walter Charles Link v. Texas |
Texas |
2023-07-03 |
Denied |
IFP |
burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-proceedings sufficiency-of-evidence texas-law |
Did the State of Texas err in failing to prove its Brooks' notice allegations beyond a reasonable doubt? |
| 23-5026 |
Isaiah L. Dunbar v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-07-03 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federal-jurisdiction habeas-corpus standing |
Whether the denial by the U.S. Court of Appeals of Petitioner's Sixth Amendment due process claim was proper |
| 23-5027 |
Gabriel Gonzalez Perez v. United States |
Fifth Circuit |
2023-07-03 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-2 |
Gerald Spruell v. United States |
Third Circuit |
2023-06-30 |
Denied |
Response Waived |
appellate-review conspiracy criminal-procedure drug-conspiracy drug-quantities evidence evidence-sufficiency jury-verdict mandatory-minimum sentencing sentencing-guidelines |
Whether the Court of Appeals erred in concluding there was sufficient evidence to support the jury's verdict and drug quantities attributed to the con… |
| 23-5002 |
Joseph Hauschild v. Illinois |
Illinois |
2023-06-30 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment graham-v-florida juvenile-offender juvenile-sentencing life-without-parole meaningful-opportunity meaningful-opportunity-for-release roper-v-simmons sentencing-guidelines term-of-years-sentence |
Whether, for a juvenile offender who committed multiple offenses during a single course of conduct, none of them homicide, the Eighth Amendment forbid… |
| 23-5003 |
Monty J. Banister v. Kansas |
Kansas |
2023-06-30 |
Denied |
Response WaivedIFP |
criminal-procedure duty-to-consult effective-assistance-of-counsel ineffective-assistance notice-of-appeal post-conviction-relief roe-v-flores-ortega sixth-amendment trial-counsel |
Does this Court's decision in Roe v. Flores-Ortega establish a rebuttable presumption of Sixth Amendment duty to consult client post-conviction? |
| 23-5004 |
Gregory L. Randle v. United States |
Fifth Circuit |
2023-06-30 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-jurisdiction appellate-review criminal-procedure due-process fifth-circuit plea-agreement plea-bargaining procedural-waiver right-to-appeal waiver |
Whether the Fifth Circuit erred by dismissing Mr. Randle's appeal based on the waiver of appeal provisions in his Plea Agreement |
| 23-5010 |
Donald Lee Linville v. Arizona |
Arizona |
2023-06-30 |
Denied |
IFP |
4th-amendment appellate-review civil-rights constitutional-law criminal-procedure due-process evidence habeas-corpus post-conviction-relief search-and-seizure |
Whether the Fourth Amendment prohibits the warrantless seizure and search of a person's cell phone and the subsequent use of the information obtained … |
| 23-5013 |
Brian Jury v. Ohio |
Ohio |
2023-06-30 |
Denied |
Response WaivedRelisted (3)IFP |
brady brady-violation civil-rule-60b due-process evidence evidence-suppression indigent-defendant new-trial new-trial-motion possession suppression |
Whether a Brady violation requires suppression to be dependent upon possession |
| 22-7867 |
Nelson Alexander Polk v. United States |
Fifth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
5th-amendment appellate-review civil-rights constitutional-review criminal-sentencing discovery due-process evidence free-speech judicial-procedure legal-standards |
Whether Poli biouee's Doe Peseoes Ricits Waser uiolated, When Ig tounge was not Present al TaCameva Wearing which Was conducted Lo assess the validity… |
| 22-7893 |
Liver Gruezo v. United States |
Eleventh Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jurisdiction law-enforcement-procedures maritime-drug-law maritime-law minimum-contacts miranda-rights miranda-v-arizona stateless-vessel |
Whether the Maritime Drug Law Enforcement Act violates Due Process |
| 22-7896 |
Marcelino Mendoza-Najera v. United States |
Fifth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
case-precedent constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-review sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7899 |
Enrique Lopez-Cristobal v. United States |
Fifth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
case-review constitutional-law constitutional-provisions criminal-procedure due-process fifth-circuit legal-precedent recidivism sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7901 |
Samuel Howard v. Renee Baker, Warden |
Ninth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-defense criminal-procedure habeas-corpus ineffective-assistance judicial-inquiry legal-representation prejudice right-to-counsel sixth-amendment |
Sixth-Amendment-violation |
| 22-7902 |
Saul Navarrete De La Cerda v. United States |
Fifth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi-v-new-jersey common-law constitutional-interpretation criminal-procedure notice-clause prior-conviction prior-conviction-exception sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-7905 |
Tikisha Upshaw v. California |
California |
2023-06-29 |
Denied |
IFP |
cell-phone-location co-defendant criminal-procedure due-process evidence-admissibility expert-witness fair-trial jury-instructions police-testimony scientific-reliability witness-testimony |
Can a court allow unsupported opinion evidence from a police officer, who does not hold a higher science-engineering degree, about a novel cell phone … |
| 22-7906 |
Lamar McDonald v. United States |
Fifth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
apprendi-standard criminal-procedure due-process fifth-amendment sentencing sixth-amendment statutory-interpretation sufficiency-of-evidence void-for-vagueness |
Is Apprendi v. New Jersey Still Good Caselaw? |
| 22-7907 |
Terrence Terrell Moore v. Bryan Morrison, Warden |
Sixth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process free-speech habeas-corpus standing |
Whether the Sixth Circuit Court of Appeals erred in upholding the district court's dismissal of petitioner's claims alleging violations of his constit… |
| 22-7852 |
Juan Victor Quezada-Lara v. United States |
Fifth Circuit |
2023-06-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7875 |
J Reyes-Carrillo v. United States |
Fifth Circuit |
2023-06-28 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure criminal-sentencing due-process fifth-circuit judicial-precedent legal-procedure statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7876 |
Gideon Charles Arrington, II v. Dyanna L. Street, et al. |
Eighth Circuit |
2023-06-28 |
Denied |
IFP |
civil-rights criminal-procedure due-process false-evidence judicial-immunity legal-accountability moral-nation prosecutorial-misconduct |
Is the use of false evidence a crime? |
| 22-7882 |
Sergio Delgado-Perez v. United States |
Fifth Circuit |
2023-06-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7878 |
Kenny Eugene Smart v. United States |
Eighth Circuit |
2023-06-27 |
Denied |
Response WaivedIFP |
18-usc-922(g) criminal-procedure evidence-standard evidentiary-rulings federal-rule-of-evidence-404(b) federal-rules-of-evidence prior-convictions rule-404b rule-of-inclusion standard-of-review statutory-interpretation |
What is the proper standard of review of evidentiary rulings under Federal Rule of Evidence 404(b) and is Rule 404(b) a rule of inclusion which always… |
| 22-7883 |
Latron Y. Cross v. Illinois |
Illinois |
2023-06-27 |
Denied |
IFP |
civil-rights constitutional-claims criminal-procedure due-process judicial-interpretation jurisdiction legal-standing speedy-trial standing state-court-review |
Whether the Illinois Supreme Court violated the petitioner's constitutional right to a speedy trial |
| 22-7853 |
Carlos Miguel Concepcion-Guliam v. United States |
First Circuit |
2023-06-26 |
Denied |
Response WaivedIFP |
arrest criminal-procedure detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure search-warrant |
Whether the Fourth Amendment permits law enforcement to detain and arrest an individual without observing any criminal conduct, based solely on an ass… |
| 22-7862 |
Lazaro Veliz v. United States |
Eleventh Circuit |
2023-06-26 |
Denied |
Response WaivedIFP |
cause-exception circuit-split constitutional-vagueness criminal-procedure due-process habeas-corpus procedural-default residual-clause vagueness |
Whether Johnson v. United States, 576 U.S. 591 (2015), establishes 'cause' to excuse procedurally defaulted 28 U.S.C. § 2255 claims that are predicate… |
| 22-7863 |
Osvaldo Castelan-Saucedo v. United States |
Fifth Circuit |
2023-06-26 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-precedent court-of-appeals criminal-procedure due-process fifth-circuit jury-trial legal-review sentencing Sixth-Amendment supreme-court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7868 |
Lawrence Broviak v. Florida |
Florida |
2023-06-26 |
Denied |
IFP |
criminal-procedure due-process equal-protection expungement judicial-bias judicial-discretion legal-remedy sentence-commutation sentencing vindictive-sentencing |
Can a vindictive sentence be expunged due to personal bias committed by a judge? |
| 22-7870 |
Jayson Neil Sparks v. Texas |
Texas |
2023-06-26 |
Denied |
IFP |
civil-rights constitutional-law constitutional-rights criminal-defendant criminal-procedure due-process evidence-admissibility federal-courts standing state-court-ruling statutory-interpretation |
Whether the statutory duty to receive a petition for writ of certiorari precludes a court from dismissing such a petition for procedural defects |
| 22-7854 |
Edgar Ivan Armenta-Lopez v. United States |
Fifth Circuit |
2023-06-23 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law-review certiorari constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial legal-overruling sentencing Supreme-Court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7857 |
Balwinder Singh v. California |
California |
2023-06-23 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection fraud misconduct |
Whether the petitioner's due process and equal protection rights were violated by the alleged fraud and misconduct in the criminal proceedings |
| 22-7840 |
Cordelro Desean Shoulders v. United States |
Fifth Circuit |
2023-06-22 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver |
Whether the Fifth Circuit erred by dismissing Mr. Shoulders' appeal based on the waiver of appeal provisions in his Plea Agreement |
| 22-7842 |
Dashawn Lewis v. United States |
Ninth Circuit |
2023-06-22 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure directed-verdict due-process judicial-error jury-instruction jury-instructions ninth-circuit reasonable-doubt |
Whether the last sentence of the Ninth Circuit's pattern jury instruction on reasonable doubt is an incorrect statement of the law and akin to a direc… |
| 22-7846 |
Vance Collins v. United States |
Second Circuit |
2023-06-22 |
Denied |
Response WaivedIFP |
bruton-v-united-states codefendant codefendant-statement confrontation-clause crawford-v-washington criminal-procedure hearsay out-of-court-statement sixth-amendment |
Whether a defendant's rights under the Confrontation Clause are violated by the admission of a non-testifying codefendant's out-of-court statement |
| 22-7847 |
Colum Patrick Moran v. United States |
Eleventh Circuit |
2023-06-22 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-conviction criminal-procedure due-process insufficient-evidence judicial-precedent plain-error precedent standard-of-review statutory-interpretation sufficiency-of-evidence |
Whether a conviction predicated on insufficient evidence can meet the plain error standard in the absence of explicit statutory language or on-point, … |
| 22-7849 |
Jensen Ken Alexander v. Joseph Ely, et al. |
Fourth Circuit |
2023-06-22 |
Denied |
IFP |
civil-rights constitutional-interpretation criminal-procedure damages due-process free-speech judicial-discretion legal-standards religious-claims standing state-court-review |
Whether the regional ombudsman and the officials of the Common Cause Task Force violated the Petitioner's First Amendment rights under the U.S. Consti… |
| 22-7821 |
Joseph W. Peeples, lll v. United States District Court for the Western District of New York |
Second Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
administrative-procedure civil-rights criminal-procedure document-authentication due-process equal-protection evidence-verification federal-agency legal-process original-copy standing takings |
Whether the petitioner's constitutional rights were violated by the government's actions |
| 22-7822 |
Darwin Powell v. United States |
Fifth Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 sentencing standard-of-review withdrawal withdrawal-of-guilty-plea |
Whether the courts of appeals have improperly narrowed the 'fair and just reason' standard for evaluating a defendant's request to withdraw a guilty p… |
| 22-7827 |
Scott Anderson v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. |
Third Circuit |
2023-06-21 |
Denied |
IFP |
abuse-of-discretion burden-of-proof certificate-of-appealability criminal-procedure due-process judicial-discretion legal-innocence reasonable-jurist sufficiency-of-evidence |
Is a defendant legally and factually innocent if the State fails to prove each and every element of the crime? |
| 22-7833 |
Jeremy Randall Ezell v. United States |
Fifth Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-sentencing judicial-presumption reasonableness-standard rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges the substantive reasonableness of a within-Guidelines sentence may rebut an appellate … |
| 22-7839 |
Christian Ruben Tirado v. United States |
Ninth Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-procedure due-process federal-question gang-paraphernalia supervised-release vagueness-doctrine |
Is a special condition of supervised release that prohibits a supervisee from possessing any of a laundry list of items 'known to represent associatio… |
| 22-7802 |
James B. Norris, Jr. v. United States |
Eighth Circuit |
2023-06-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review circuit-split criminal-procedure due-process internet-access judicial-explanation pro-se-motion revocation-hearing sentencing sentencing-discretion supervised-release |
Whether the district court erred in revoking Petitioner's supervised release based solely on his admission to accessing the internet without permissio… |
| 22-7803 |
Aaron Joel Oliphant v. Montana |
Montana |
2023-06-16 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process expert-consultation ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel |
Did the Montana Supreme Court incorrectly apply Strickland? |
| 22-7804 |
Ricky Simmonds v. United States |
Sixth Circuit |
2023-06-16 |
Denied |
Response WaivedIFP |
breach-of-contract constitutional-law contract-law criminal-procedure district-court due-process offense-level plea-agreement sentencing sentencing-hearing |
Whether the United States breaches a negotiated plea agreement |
| 22-7806 |
Travis Charles Werkmeister v. United States |
Eighth Circuit |
2023-06-16 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure criminal-sentencing drug-offense drug-trafficking federal-sentencing-guidelines mens-rea methamphetamine-importation scienter-requirement sentencing-guidelines statutory-interpretation |
Whether the two-level enhancement under U.S.S.G. § 2D1.1(b)(5) requires the government to establish the defendant's knowledge that the methamphetamine… |
| 22-7808 |
Elroy Pedro Gomez v. William Joe Sullivan, Warden |
Ninth Circuit |
2023-06-16 |
Denied |
Response WaivedIFP |
California-Supreme-Court criminal-procedure Due-process Equal-protection Habeas-corpus ineffective-assistance plea-bargain Sentencing-enhancements Sixth-Amendment |
Ineffective-assistance-of-counsel |
| 22-7812 |
Miguel A. Cisneros v. Trent Allen, Warden |
Ninth Circuit |
2023-06-16 |
Denied |
Relisted (2)IFP |
14th-amendment appellate-review civil-rights constitutional-rights conviction criminal-procedure due-process evidence judicial-procedure jury-instructions legal-standing |
Whether the state court's admission of erroneous evidence violated the petitioner's 14th Amendment due process rights |
| 22-1216 |
Dwayne Ferguson v. United States |
Fourth Circuit |
2023-06-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split criminal-procedure district-court-discretion extraordinary-and-compelling-reasons extraordinary-reasons first-step-act habeas-corpus legal-error sentence-reduction sentencing statutory-interpretation |
Whether 28 U.S.C. § 2255 limits a district court's discretion to consider legal errors in prior proceedings as 'extraordinary and compelling reasons' … |
| 22-7790 |
Lancey Darnell Ray v. Oklahoma |
Oklahoma |
2023-06-15 |
Denied |
Relisted (2)IFP |
active-duty-service-members actual-innocence criminal-jurisdiction criminal-procedure due-process forensic-pathology medical-examiners military-jurisdiction state-medical-examiners veterans |
Whether Oklahoma Courts can exercise criminal jurisdiction over active duty service members and dependents, and Veterans, based on opinions of state m… |
| 22-7791 |
Clark Downs v. United States |
Eleventh Circuit |
2023-06-15 |
Denied |
Response WaivedIFP |
15-year-old circuit-court-review criminal-procedure drug-offense federal-sentencing interstate-commerce safety-valve sentencing-guidelines sentencing-reduction sexual-exploitation visual-depiction |
WHETHER THE EVIDENCE WAS LEGALLY INSUFFICIENT AS TO THE INTERSTATE COMMERCE ELEMENT ON COUNT ONE, WHICH CHARGED SEXUAL EXPLOITATION OF A FIFTEEN YEAR … |
| 22-7792 |
Diante Turman v. United States |
Eighth Circuit |
2023-06-15 |
Denied |
IFP |
appellate-review armed-career-criminal-act circuit-court-review circuit-split controlled-substance-offense criminal-conviction criminal-procedure district-court-discretion drug-offense drug-schedule drug-schedules federal-sentencing federal-sentencing federal-sentencing
22-7791" mcneill-precedent mcneill-v-united-states safety-valve sentencing-guidelines sentencing-reduction Whether the district court erred at sentencing in |
Does McNeill require courts to define 'controlled substance offenses' under Section 4B1.2(b) to include convictions under laws encompassing substances… |
| 22-7793 |
Nedeltcho Vladimirov v. United States |
Fourth Circuit |
2023-06-15 |
Denied |
Response WaivedIFP |
confrontation-clause covid-19-restrictions criminal-procedure due-process fair-trial less-restrictive-alternatives sixth-amendment speedy-trial witness-testimony |
Whether the Confrontation Clause of the Sixth Amendment is violated by requiring all trial witnesses to testify with masks |
| 22-7796 |
Jose Alfredo Perez v. United States |
Fifth Circuit |
2023-06-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review case-specific-facts criminal-procedure criminal-sentencing district-court due-process fifth-circuit sentencing-guidelines sentencing-variance upward-variance |
Whether a district court's mere recitation of the sentencing statute absent any application of case-specific facts is sufficient to support a five-yea… |
| 22-7784 |
Demarcus Donte Ivey v. United States |
Fourth Circuit |
2023-06-14 |
Denied |
Amici (1)Response WaivedIFP |
burden-of-proof chapman-v-california constitutional-error criminal-procedure cumulative-error-doctrine evidentiary-errors harmless-error standard-of-review |
When should evidentiary errors in a federal criminal trial be evaluated for their cumulative impact on the fundamental fairness of the trial? |
| 22-7785 |
Christopher Lewis Tucker v. United States |
Fourth Circuit |
2023-06-14 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process forcible-medication involuntary-medication judicial-discretion mental-competency mental-health pretrial-custody pretrial-detention sell-standard |
Whether a district court may order forcible medication under Sell v. United States when (1) record evidence shows that the government has already trie… |
| 22-7768 |
Nidal Ayyad v. United States |
Second Circuit |
2023-06-13 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal double-jeopardy habeas-corpus resentencing section-2255 sentencing sentencing-review vacatur |
Whether, following the vacatur of a count of conviction (either on direct appeal or via a § 2255 motion), the district court must resentence the defen… |
| 22-7774 |
Duane E. Armstrong v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-06-13 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process evidence expert-testimony fingerprint-analysis forensic-evidence trial-procedure |
Does the court's need a second analyst to testifies, to the first analyst opinion containing veracious of petitioner's finger print? |
| 22-7775 |
David Elijah Smith v. United States |
Fourth Circuit |
2023-06-13 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-law court-of-appeals criminal-procedure due-process fifth-amendment jury-trial procedural-requirements sentencing statutory-interpretation |
Whether the Fourth Circuit Court of Appeals violated the Sixth Amendment of the U.S. Constitution |
| 22-7779 |
Zohn Wang Kub Yang v. Dan Cromwell, Warden |
Seventh Circuit |
2023-06-13 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights criminal-procedure custodial-interrogation due-process fifth-amendment law-enforcement miranda-rights miranda-v-arizona self-incrimination |
Whether the totality of the law enforcement officers' words or actions made during the questioning of Petitioner in this case when they told Petitione… |
| 22-1205 |
Brian D. Skattum v. Devan Collomy |
Maine |
2023-06-13 |
Denied |
|
14th-amendment 5th-amendment child-custody civil-rights criminal-case criminal-procedure divorce-proceeding due-process family-law fifth-amendment fourteenth-amendment self-incrimination |
Can a parent be penalized in a divorce/custody case for exercising 5th/14th Amendment rights in a related criminal case? |
| 22-1200 |
Lee Jones v. United States |
Sixth Circuit |
2023-06-12 |
Denied |
|
appellate-review circuit-split criminal-procedure forfeiture independent-obligation judicial-discretion legal-argumentation legal-forfeiture young-v-united-states |
Do the courts of appeals have an independent obligation to craft and consider forfeited legal arguments in criminal cases? |
| 22-7753 |
Jane Doe, Female Juvenile v. United States |
Tenth Circuit |
2023-06-12 |
Denied |
Relisted (2)IFP |
criminal-procedure cruel-and-unusual-punishment eighth-amendment federal-juvenile-act juvenile-justice juvenile-transfer miller-v-alabama ripeness transfer-to-adult-proceedings |
When a juvenile is charged with first-degree murder, does the transfer to adult proceedings violate the juvenile's Eighth Amendment rights because the… |
| 22-7756 |
Andre Zeno v. United States |
Fifth Circuit |
2023-06-12 |
Denied |
Relisted (2)IFP |
circuit-split criminal-history criminal-history-points criminal-procedure safety-valve sentencing sentencing-guidelines statutory-interpretation statutory-minimum |
Whether the 'and' in § 3553(f)(1) means 'and' or 'or' |
| 22-7758 |
Steven Keith Hunley v. United States |
Sixth Circuit |
2023-06-12 |
Denied |
Response WaivedIFP |
armed-career-criminal-act constitutional-violations criminal-procedure fifth-amendment indictment jury-factfinding lower-courts-error preponderance-of-evidence sixth-amendment |
Can a district court judge determine that an individual's prior offenses occurred 'on occasions different' by a preponderance of the evidence or do th… |
| 22-7761 |
Aaron Keith v. United States |
Tenth Circuit |
2023-06-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review court-of-appeals criminal-procedure federal-courts judicial-procedure motion-to-dismiss speedy-trial statutory-right trial-continuance waiver |
Whether the court of appeals erred in holding that petitioner waived any speedy-trial objection |
| 22-7764 |
Duane E. Owen v. Florida |
Florida |
2023-06-12 |
Denied |
IFP |
competency competency-to-be-executed criminal-procedure death-penalty dementia due-process eighth-amendment insanity legal-insanity rational-understanding |
Whether the State of Florida's perfunctory evaluation of Owen's claim that he is legally insane and incompetent to be executed violated the Eighth Ame… |
| 22-7765 |
Michael Tanner Lank v. Oklahoma |
Oklahoma |
2023-06-12 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process federal-constitution oklahoma-court-of-criminal-appeals petition-for-writ-of-certiorari state-constitution state-law-interpretation trial-by-jury |
Is the Oklahoma Court of Criminal Appeals Court, Rule 5.5 in conformity with the DUE PROCESS OF LAW standards of the United States Constitution? |
| 22-7766 |
Ramon Ramirez v. United States |
Second Circuit |
2023-06-12 |
Denied |
Response WaivedIFP |
appellate-jurisdiction constitutional-law criminal-jurisdiction criminal-procedure district-court federal-courts interstate-commerce jurisdiction second-circuit statutory-interpretation |
Whether the Second Circuit Court of Appeals erred in concluding that the district court had jurisdiction based on evidence supporting the interstate c… |
| 22-7740 |
Chelsea Shannon McIntyre v. United States |
Ninth Circuit |
2023-06-09 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure due-process judicial-discretion policy predicate-convictions sentencing-guidelines |
Did Ms. McIntyre receive due process of law where the district applied Career Offender Guidelines, lacking a sound basis in policy, and leading to a c… |
| 22-7741 |
Rudy Alvarez v. United States |
Ninth Circuit |
2023-06-09 |
Denied |
Amici (1)IFP |
burden-of-proof criminal-procedure due-process evidence-admissibility fifth-amendment law-enforcement-procedure miranda-warning miranda-warnings police-interrogation self-incrimination supreme-court |
When determining whether statements made after a midstream Miranda warning are admissible, do courts consider the warning's objective effectiveness or… |
| 22-7742 |
Kent Taylor v. California |
California |
2023-06-09 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process jurisdiction speedy-trial statutory-interpretation |
Whether the district court's denial of petitioner's motion to dismiss the indictment for violation of the Speedy Trial Act, 18 U.S.C. 3161(c)(1), cons… |
| 22-7747 |
Samuel Wilson, III v. United States |
Fifth Circuit |
2023-06-09 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure drug-slang evidence expert-testimony law-enforcement lay-testimony lay-witness |
Whether a law enforcement agent who is not designated as an expert can testify as a lay witness about drug slang, jargon or code in conversations to w… |
| 22-7731 |
Roy Lee Jones, Jr. v. United States |
Fifth Circuit |
2023-06-08 |
Denied |
Response WaivedIFP |
burden-of-proof controlled-substances criminal-procedure drug-conspiracy due-process essential-elements evidence fifth-circuit-precedent jury-instructions sentencing sentencing-issue standard-of-proof |
Did the Fifth Circuit err when it 're-branded' a failure to prove an essential element of the government's methamphetamine case against Mr. Jones beyo… |
| 22-7733 |
Ahmad Salti v. United States |
Tenth Circuit |
2023-06-08 |
Denied |
Response WaivedIFP |
apportioned-restitution apportionment-of-liability co-defendant-liability credits-for-payments criminal-procedure criminal-restitution criminal-sentencing joint-and-several-liability payment-credits |
Whether a defendant whose restitution obligation is apportioned is entitled to joint and several credits for payments made by a co-defendant who owes … |
| 22-7734 |
Christopher Alexander v. United States |
Fifth Circuit |
2023-06-08 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process first-step-act resentencing sentencing sentencing-reduction statutory-interpretation |
Whether a Reduction of Sentence, Pursuant to Section 404 of the 'First Step Act of 2018, requires a Plenary Resentencing to provide procedural and sub… |
| 22-7725 |
James Earl Green, Jr. v. United States |
Fifth Circuit |
2023-06-07 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness-review sentencing sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 22-7729 |
William J. Sears v. United States |
Tenth Circuit |
2023-06-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement section-2255 |
Did the Court of Appeals err when it denied my Motion for Certificate of Appealability? |
| 22-1185 |
Anthony James Scott v. Georgia |
Georgia |
2023-06-07 |
Denied |
Response Waived |
brady-violation criminal-procedure double-jeopardy due-process fifth-amendment mistrial mistrial-request prosecutorial-misconduct |
Did the Carroll County Superior Court and the Court of Appeals of the State of Georgia err when they held that the Carroll County District Attorney's … |
| 22-7718 |
Donnell Bledsoe v. Pearlie Townes |
California |
2023-06-06 |
Dismissed |
IFP |
cherokee-nation civil-rights constitutional-provisions constitutional-rights criminal-procedure due-process eastern-state-court jurisdiction life-sentence second-generation-offender sovereign-immunity |
Question not identified |
| 22-7719 |
Joseph J. Buttercase v. James Martin Davis, et al. |
Nebraska |
2023-06-06 |
Denied |
Response WaivedIFP |
actual-innocence attorney-fees attorney-misconduct breach-of-contract civil-rights criminal-defendant criminal-procedure due-process ex-parte-communication fourteenth-amendment legal-malpractice standing |
Whether it is unconstitutional to require a criminal defendant to prove actual innocence to recover funds paid to his former defense attorney who neve… |
| 22-7723 |
Wesley Jorome Harris v. United States |
Fifth Circuit |
2023-06-06 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-7701 |
Jose Pena v. United States |
Second Circuit |
2023-06-05 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure de-novo-review double-jeopardy due-process habeas-corpus section-2255 sentencing vacatur |
Whether, following the vacatur of a count of conviction, the district court must resentence the defendant de novo on the remaining counts |
| 22-7702 |
Antonio Montero v. United States |
Fifth Circuit |
2023-06-05 |
Denied |
Relisted (2)IFP |
18-usc-3553(f) criminal-history criminal-procedure federal-sentencing safety-valve sentence-reduction sentencing-guidelines statutory-interpretation |
whether-the-trial-judge-must-find-montero-violated-all-conditions-to-be-eligible-for-sentence-reduction |
| 22-7703 |
Jacob Patrick Krafft v. United States |
Tenth Circuit |
2023-06-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process presumption-of-reasonableness sentencing-guidelines substantive-reasonableness within-guidelines-sentence |
How does a court of appeals determine whether a defendant has rebutted the presumption of reasonableness when the defendant is challenging the substan… |
| 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… |
| 22-7711 |
William Jon Patric Ebert v. United States |
Fourth Circuit |
2023-06-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-admissibility fourth-circuit prior-bad-acts rule-404(b) rule-404b sixth-circuit united-states-v-stout |
Whether the United States Court of Appeals for the Fourth Circuit erred in affirming the district court's ruling to admit evidence of the appellant's … |
| 22-7682 |
Tyrin Gayle v. United States |
Second Circuit |
2023-06-02 |
Denied |
Response WaivedIFP |
2nd-amendment circuit-conflict circuit-split criminal-procedure disjunctive-theories due-process firearms-statute predicate-offense sentencing statutory-interpretation verdict-ambiguity |
Whether the Second Circuit conflicted with its own precedent in Capers when it denied Gayle relief? |
| 22-7693 |
Jandin Munoz v. Arizona |
Arizona |
2023-06-02 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-counsel standing |
Whether the petitioner was denied the effective assistance of counsel in his post-conviction proceedings |
| 22-7697 |
Kenneth Brown, Jr. v. Pennsylvania, et al. |
Pennsylvania |
2023-06-02 |
Denied |
Response RequestedRelisted (2)IFP |
act-84 civil-rights constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea sentencing separation-of-powers statutory-interpretation void-ab-initio |
Whether Act 84, 42 Pa.C.S. § 9728(b)(5) is Unconstitutional |
| 22-7680 |
Adonne A. Horton v. West Virginia |
West Virginia |
2023-06-01 |
Denied |
Response WaivedIFP |
article-i-section-10 constitutional-law criminal-procedure due-process ex-post-facto fourteenth-amendment life-sentence police-pursuit statutory-interpretation |
Whether the Lower Court's Application of an Ex Post Facto Law to Affirm Petitioner's Life Sentence for Running From the Police Violated Article I, Sec… |
| 22-7683 |
Michael Dewayne Alfred v. United States |
Fifth Circuit |
2023-06-01 |
Denied |
Response WaivedIFP |
18-usc-2259 causal-role causation criminal-procedure criminal-sentencing restitution sentencing statutory-interpretation statutory-maximum victim-compensation |
Whether the district court's restitution order exceeds the statutory maximum under 18 U.S.C. § 2259(b)(2) when it fails to consider the measure of los… |
| 22-7686 |
Daniel Dorado v. California |
California |
2023-06-01 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection first-amendment fourteenth-amendment miranda-rights rape-cases sentencing sixth-amendment |
Question not identified |
| 22-7687 |
James Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-06-01 |
Denied |
IFP |
constitutional-law criminal-procedure criminal-sentencing due-process evidence ineffective-assistance-of-counsel judicial-discretion retroactive-application self-defense statutory-interpretation verbal-threat |
Whether a defendant may assert self-defense against a verbal threat even if the victim did not act on the threat |
| 22-7688 |
Avery Smartt v. United States |
Seventh Circuit |
2023-06-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process human-trafficking ineffective-counsel judicial-misconduct speedy-trial standing |
Is an EBL agent allowed to proffer false and leave a mentally ill, pregnant minor at a residence, to a person that the agent states to have gotten a r… |
| 22-7689 |
Jose Guadalupe Romero Torres v. United States |
Fifth Circuit |
2023-06-01 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction prior-conviction-exception sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-7670 |
Lonnie Burdette Porter v. United States |
Ninth Circuit |
2023-05-31 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process evidence-sufficiency firearm-possession sentencing-guidelines statutory-interpretation sufficiency-of-evidence |
Whether the Ninth Circuit erred in finding sufficient evidence to convict the defendant under 18 U.S.C. §922(g)(1) based solely on the defendant's ack… |
| 22-7672 |
Marcus D. Winston v. Nebraska |
Nebraska |
2023-05-31 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fair-trial prosecutorial-misconduct racial-rhetoric |
Whether the Nebraska Court of Appeals has decided an important question of federal law that has not been, but should be, settled by the United States … |
| 22-7673 |
James Michael Wells v. United States |
Ninth Circuit |
2023-05-31 |
Denied |
Response WaivedIFP |
anonymous-jury apprendi-rights criminal-procedure due-process jury-selection jury-trial public-trial restitution-order sixth-amendment |
Whether a criminal defendant has a Sixth Amendment right to a public jury |
| 22-7674 |
John Paul Waldon v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-31 |
Denied |
IFP |
4th-amendment 6th-amendment appellate-review civil-rights constitutional-challenge criminal-procedure due-process federal-jurisdiction habeas-corpus standing |
Whether the United States Court of Appeals for the Fifth Circuit erred in denying Petitioner's petition for writ of certiorari |
| 22-7659 |
Darrien D. Johnson v. United States |
Fifth Circuit |
2023-05-30 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federal-sentencing first-step-act judicial-discretion motion-to-reduce sentencing sentencing-guidelines statutory-interpretation |
Whether the District Court abused its discretion when it denied Petitioner's motion for a reduced sentence under the First Step Act of 2018 |
| 22-7661 |
Michael D. Beiter, Jr. v. United States |
Eleventh Circuit |
2023-05-30 |
Denied |
Response WaivedIFP |
access-to-counsel constitutional-rights counsel-termination criminal-procedure discovery due-process fifth-amendment pro-se-defense sixth-amendment |
Whether a defendant who continually terminated (FIRED) his/her counsel ab initio of the proceedings and throughout the proceedings can gain access to … |
| 22-7664 |
Forest Mitchell Kirst v. United States |
Ninth Circuit |
2023-05-30 |
Denied |
Response WaivedIFP |
administrative-law agency-investigation congressional-intent criminal-procedure due-process federal-agency federal-jurisdiction obstruction-of-justice statutory-interpretation |
Whether 18 U.S.C. § 1505 applies to accident investigations by the National Transportation Safety Board (NTSB), an agency that has no power to take en… |
| 22-7647 |
Nicasio Nevarez-Zamudio v. United States |
Fifth Circuit |
2023-05-26 |
Denied |
Response WaivedIFP |
appellate-procedure case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial precedent sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7650 |
Nolan Washington v. United States |
Fifth Circuit |
2023-05-26 |
Denied |
Relisted (2)IFP |
circuit-split criminal-procedure mandatory-minimum safety-valve sentencing sentencing-guidelines statutory-interpretation supreme-court |
Whether the Fifth Circuit erred in its interpretation of 18 U.S.C. § 3553(f)(1) |
| 22-7652 |
Mark A. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-05-26 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights counsel-communication criminal-procedure deadline-extension effective-assistance-of-counsel ineffective-assistance missouri-v-frye plea-bargaining sixth-amendment |
Whether the Sixth Amendment duty to communicate a plea offer extends to communicating a plea offer deadline extension |
| 22-7653 |
Jose Carlos Gallegos-Hernandez v. United States |
Fifth Circuit |
2023-05-26 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent overruling sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7656 |
In Re Brad Edmonds |
|
2023-05-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process fourth-amendment gps-tracking habeas-corpus ineffective-assistance plea-negotiations privacy search-and-seizure standing |
Whether the warrantless installation and use of a GPS tracking device on a vehicle violates the Fourth Amendment |
| 22-7631 |
Terrell McGee v. United States |
Seventh Circuit |
2023-05-25 |
Denied |
Response WaivedIFP |
compassionate-release constitutional-rights criminal-history criminal-procedure due-process equal-protection judicial-discretion murder-degrees retroactivity sentencing sentencing-disparities |
Whether a Clromye wa daw mas/ be A Cwlaorclea and Compelling veasah for Compasslonate Celease |
| 22-7641 |
Carl Dean Wyatt, Jr. v. Steven Harpe, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2023-05-25 |
Denied |
IFP |
criminal-procedure discovery dna-testing due-process ineffective-assistance plea-bargaining post-conviction-relief prosecutorial-misconduct witness-testimony |
Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant |
| 22-1141 |
Gary Pisner v. Marla Rubinstein, et al. |
Fourth Circuit |
2023-05-25 |
Denied |
|
civil-procedure cross-jurisdictional-preclusion defamation defamation-privilege documentary-evidence evidence forum-non-conveniens judicial-notice litigation-privilege procedural-requirements |
Whether a party can take judicial notice of documents without identifying the purpose, material to be recognized, and grounds under Fed. R. Evid. 201(… |
| 22-1139 |
Victor Santana v. Texas |
Texas |
2023-05-23 |
Denied |
Response RequestedRelisted (2) |
bolstering-evidence criminal-appeal criminal-procedure hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-bad-act-evidence prior-bad-acts trial-counsel |
Did the Court of Criminal Appeals err in finding that trial counsel's errors did not amount to ineffective-assistance-of-counsel? |
| 22-7615 |
Willie Jerome Manning v. Mississippi |
Mississippi |
2023-05-23 |
Denied |
IFP |
criminal-procedure dna-testing due-process evidence evidence-testing habeas-corpus post-conviction post-conviction-relief state-court state-courts |
Whether a State may curtail a protected interest in DNA testing arbitrarily |
| 22-7620 |
Timothy Sean Coogle v. United States |
Fourth Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process entrapment evidence-sufficiency fabricated-evidence ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence sixth-amendment strickland-standard |
Question not identified |
| 22-7621 |
Jerry Elkins v. United States |
Eighth Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
civil-rights constructive-amendment criminal-procedure due-process federal-jurisdiction fraud-on-the-court hazel-atlas-fraud interstate-commerce jury-instructions rico-violation |
Whether the convictions were proper due to lack of federal jurisdiction |
| 22-7623 |
Arquimedes Mendoza v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-kentucky plea-bargaining reasonable-defendant reasonable-person |
Whether a defendant claiming ineffective assistance of counsel in the plea context must show that an objective 'reasonable person' or 'reasonable defe… |
| 22-7605 |
Sealed Appellant v. United States |
Ninth Circuit |
2023-05-22 |
Denied |
Response WaivedRelisted (2)IFP |
bad-faith cooperation cooperation-agreement criminal-procedure due-process government-misconduct guilty-plea plea-bargaining prosecutorial-discretion section-3553e sentencing sentencing-relief |
Did the government act in bad faith by denying 18-U.S.C.-3553(e) relief to Petitioner |
| 22-7610 |
Othniel Evans Maragh v. Roosevelt Island Operating Corporation, et al. |
Second Circuit |
2023-05-22 |
Denied |
IFP |
appellate-review civil-procedure civil-rights constitutional-rights due-process evidence evidence-admissibility judicial-bias standing summary-judgment |
Is it ethical or legal for the Southern District Court of New York's Judge, Jesse M Furman to disregard every shred of evidence presented by the Plain… |
| 22-7599 |
Curtis Marcel Barnette v. United States |
Fourth Circuit |
2023-05-19 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver |
Does it violate due process for a defendant to be required to waive his right to appeal in order to enter into an otherwise favorable plea agreement w… |
| 22-7600 |
Randall Cooper, Jr., aka Randall Cooper, aka Randall Carl Cooper, Jr., aka Randall C. Cooper, Jr., aka Randall Carl Cooper v. Mississippi |
Mississippi |
2023-05-19 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-amendments criminal-procedure due-process evidentiary-hearing newly-discovered-evidence trial-rights |
Whether newly discovered evidence warrants a new trial |
| 22-7604 |
Harbans Singh v. United States |
Ninth Circuit |
2023-05-19 |
Denied |
IFP |
confrontation-clause criminal-procedure due-process hearsay immigration interpreter-testimony sixth-amendment |
Whether an interpreter's hearsay statements are subject to Confrontation Clause analysis, particularly when the statements themselves constitute the c… |
| 22-7593 |
In Re Edwin W. Rubis |
|
2023-05-18 |
Denied |
IFP |
4th-amendment 5th-amendment constitutional-rights criminal-procedure due-process federal-custody habeas-corpus liberty marijuana-prohibition |
whether-rules-14-g-and-h-are-applicable-to-habeas-corpus-petition |
| 22-7595 |
Arnoldo Navarette v. Vincent Horton, Warden, et al. |
Tenth Circuit |
2023-05-18 |
Denied |
Response WaivedIFP |
criminal-procedure effective-assistance-of-counsel evidence ineffective-assistance-of-counsel sixth-amendment trial |
Whether the defendant's Sixth Amendment right to effective assistance of counsel was violated when his defense attorney failed to present certain evid… |
| 22-7596 |
Ripdaman Narula v. Superior Court of California, Orange County, et al. |
Ninth Circuit |
2023-05-18 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights crime-reporting criminal-procedure default-judgment due-process judicial-procedure judicial-review law-enforcement pro-se standing victim-rights |
pro-se-rights,default-judgment,crime-reporting,police-obligations,crime-victim-rights,judicial-power |
| 22-7578 |
In Re Carlos A. Seino |
|
2023-05-17 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process federal-appellate jurisdictional-challenge massachusetts-law procedural-rules search-and-seizure standing |
Whether the Massachusetts Supreme Judicial Court erred in its interpretation and application of the Fourth Amendment in the context of a warrantless s… |
| 22-7580 |
Victor Alfredo Bermudez v. United States |
Fifth Circuit |
2023-05-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure criminal-sentencing notice-of-objection preservation-of-error preservation-of-objection procedural-error sentencing standard-of-review supervisory-powers trial-court-notice |
Whether a specific objection must be lodged to preserve a procedural error claim when the trial court was put on notice of the objection through defen… |
| 22-7584 |
Kahliq Williams v. United States |
Fifth Circuit |
2023-05-17 |
Denied |
Response WaivedIFP |
appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process plea-agreement policy-concerns sentencing-errors |
Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7585 |
Enrique Roberto Villarreal v. United States |
Fifth Circuit |
2023-05-17 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-7587 |
John Wayne Spell v. United States |
Fifth Circuit |
2023-05-17 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review plea-agreement procedural-error waiver |
Whether the Fifth Circuit erred by dismissing Mr. Spell's appeal based on the waiver of appeal provisions in his Plea Agreement |
| 22-7558 |
Mike Vigil v. Midas International Corporation, et al |
Nevada |
2023-05-16 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure default-judgment disability-act due-process elder-abuse elder-exploitation felony fraud intentional-fraud service-of-process standing |
Whether the Supreme Court should grant certiorari to review the intentional fraud and felony conduct by the defendants in the lower courts |
| 22-7564 |
Victor Wilson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-05-16 |
Denied |
Relisted (2)IFP |
11th-circuit 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fourteenth-amendment speedy-trial |
Can a 11th Circuit Court sua sponte deny a defendant's or petitioner's constitutional right to a public speedy trial |
| 22-7566 |
Byron Keith Howard v. United States |
Fourth Circuit |
2023-05-16 |
Denied |
Response WaivedIFP |
automatic-right-to-withdraw criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-colloquy right-to-be-informed rule-11 voluntary-plea |
Must a defendant be informed at the Rule 11 plea colloquy of a factual basis to support the defendant's plea of guilty before the court can accept the… |
| 22-7569 |
Andrew Payton v. United States |
Fifth Circuit |
2023-05-16 |
Denied |
Response WaivedIFP |
appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors voluntary-forfeiture |
Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7546 |
Robert Leslie Roberson, III v. Texas |
Texas |
2023-05-15 |
Denied |
Amici (5)IFP |
actual-innocence criminal-procedure due-process habeas-corpus medical-evidence scientific-consensus shaken-baby-syndrome |
Does a conviction based on a discredited scientific theory violate due process? |
| 22-7553 |
Ivory Joe Tisdale v. United States |
Fourth Circuit |
2023-05-15 |
Denied |
Response WaivedIFP |
appellate-rights constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver |
Does it violate due process for a defendant to be required to waive his right to appeal in order to enter into an otherwise favorable plea agreement w… |
| 22-7539 |
Stacy Gallman v. United States |
Third Circuit |
2023-05-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
court-proceedings criminal-procedure cross-examination evidence evidence-ruling jury-selection public-trial sixth-amendment |
Whether the Sixth Amendment's public trial guarantee extends to proceedings after a jury has been seated in which the court rules on challenged eviden… |
| 22-7540 |
Harry Cole v. United States |
Fifth Circuit |
2023-05-12 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure district-court due-process essential-element jurisdiction jurisdictional-concept sua-sponte venue |
Whether venue is only a jurisdictional concept rather than essential element of an offense that must be proved beyond a reasonable doubt |
| 22-7542 |
Wilber Curtis Johnson v. Texas |
Texas |
2023-05-12 |
Denied |
IFP |
confrontation-clause constitutional-rights criminal-procedure due-process evidence federal-constitution sexual-assault texas-constitution trial-procedure witness-testimony |
Whether testimony can be sufficient to render harmless any error in admitting additional testimony as evidence, when trial counsel objected to testimo… |
| 22-7543 |
Dwayne Mitchell Littlejohn v. United States |
Fourth Circuit |
2023-05-12 |
Denied |
Response WaivedIFP |
all-writs-act coram-nobis criminal-procedure custody due-process ineffective-assistance-counsel ineffective-assistance-of-counsel novelty-of-legal-interpretation sixth-amendment |
Whether a defendant's reliance on erroneous advice from counsel, the Court of Appeals and novelty of a legal interpretation constitutes 'valid reasons… |
| 22-1109 |
Irving F. Rounds, Jr. v. Maura T. Healey, Governor of Massachusetts, et al. |
Massachusetts |
2023-05-12 |
Denied |
Response Waived |
14th-amendment 5th-amendment due-process evidence evidence-weighing judicial-recusal public-records recusal |
Has Irving Rounds, Jr. been deprived of his due process rights under the 5th and 14th Amendments? |
| 22-7512 |
Eric Scott Kindley v. United States |
Eighth Circuit |
2023-05-11 |
Denied |
Response WaivedIFP |
18-usc-2412 causation civil-rights constitutional-error criminal-conviction criminal-procedure due-process false-evidence government-agents judicial-review jury-unanimity |
Whether the jury needs to be unanimous, to decide on elements that are the causation of deprivation under 18 USC 2412, and whether specifically instru… |
| 22-7531 |
Chykeetra Maltbia v. United States |
Eleventh Circuit |
2023-05-11 |
Denied |
Response WaivedIFP |
briefing circuit-court criminal-procedure due-process insufficient-evidence legal-error mens-rea miscarriage-of-justice plain-error prejudice regulatory-provisions |
Whether the Circuit Court erred in finding that the defendant had not established prejudice due to an omitted mens rea element |
| 22-7533 |
Terence Crawley v. United States |
Sixth Circuit |
2023-05-11 |
Denied |
Response WaivedIFP |
18-usc-3582 civil-rights compassionate-release criminal-procedure discretionary-relief district-court-discretion due-process first-step-act non-frivolous-arguments sentencing sentencing-relief supreme-court-ruling |
Whether the district court is obligated to consider a defendant's non-frivolous arguments when exercising its discretion to grant or deny relief under… |
| 22-7534 |
Charles Claude Ramsey v. Kimberly H. Runion, Director, Virginia Center for Behavioral Rehabilitation |
Fourth Circuit |
2023-05-11 |
Denied |
IFP |
civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process evidence fourth-circuit judicial-recusal self-incrimination standing state-law |
Whether the privilege against self-incrimination as set forth in Brown v. United States should be weighed against the need to put forward a defense th… |
| 22-7492 |
Cedric Winston O'Neal v. Craig Hughes, Warden |
Sixth Circuit |
2023-05-10 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-rights criminal-procedure due-process eighth-amendment juvenile-justice mandatory-penalty mandatory-transfer miller-v-alabama montgomery-v-louisiana |
Are Mandatory Transfer Schemes also apart of SCOTUS' 8th Amendment ban of mandatory penalty schemes against children? |
| 22-7504 |
Xingfei Luo v. Tomas Czodor |
California |
2023-05-10 |
Denied |
IFP |
content-based-restraint domestic-violence due-process evidence family-code first-amendment fourteenth-amendment prior-restraint restraining-order |
Are a restrained party's due process rights under Fourteenth Amendment violated by a restraining order under Domestic Violence Prevention Act when no … |
| 22-7515 |
Juan Andrade-Moreno v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-10 |
Denied |
IFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process habeas-corpus indigent-defense ineffective-assistance ineffective-assistance-of-counsel procedural-default right-to-counsel sixth-amendment |
Whether the Supreme Court's decision in Strickland v. Washington, 466 U.S. 668 (1984), is unconstitutional under the United States Constitution? |
| 22-7520 |
Levaughn Collins v. United States |
Seventh Circuit |
2023-05-10 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment appellate-review criminal-procedure fifth-amendment fourth-amendment motion-to-suppress statutory-interpretation suppression-of-evidence wiretap-evidence wiretapping |
Whether the District Court erred in denying Mr. Collins' Motions to Suppress Wire Tap evidence |
| 22-7521 |
John Earnest Skrdla v. Oklahoma |
Oklahoma |
2023-05-10 |
Denied |
IFP |
constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel oklahoma-court-of-criminal-appeals state-court-appeals strickland-standard strickland-v-washington |
Whether the Oklahoma Court of Criminal Appeals ruled in contrary to Strickland v. Washington |
| 22-7491 |
Orlando Ocasio v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2023-05-09 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process expert-testimony expert-witness fair-trial habeas-corpus ineffective-assistance-of-counsel medical-evidence trial-strategy |
Was Mr.Ocasio deprived of his constitutional rights to effective assistance of counsel? |
| 22-7494 |
Floyd Ellis Wyche v. United States |
Eleventh Circuit |
2023-05-09 |
Denied |
Response WaivedIFP |
appeal-waiver conviction conviction-appeal criminal-procedure due-process plea-bargaining plea-colloquy rule-11 sentencing |
Is the petitioner's conviction appeal waiver valid absent any indication in the plea colloquy that he understood and voluntarily agreed to the waiver? |
| 22-7495 |
Rudolfo Gill v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-09 |
Denied |
IFP |
civil-procedure civil-rights constitutional-interpretation constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-review legal-precedent standing takings |
Whether a plaintiff must make a 'substantial showing' of the deprivation of constitutional rights to establish standing to sue |
| 22-7496 |
Akkeli Frederick v. California |
California |
2023-05-09 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process fair-trial fifth-amendment illegal-interrogation involuntary-confession ninth-circuit prosecutorial-misconduct self-incrimination |
Whether the admission of an involuntary confession derived from an illegal interrogation violates the accused's Fifth Amendment right against self-inc… |
| 22-7498 |
Joel Armando Rodriguez v. United States |
Fourth Circuit |
2023-05-09 |
Denied |
Response WaivedIFP |
cooperating-defendants cooperating-witnesses criminal-procedure drug-weight fourth-circuit methamphetamine offense-level plea-bargaining relevant-conduct sentencing-guidelines |
Whether the district court improperly expanded Guideline § 1B1.3 by including as relevant drug weight uncorroborated statements of two cooperating def… |
| 22-7501 |
Leon Caril, II v. Washington |
Washington |
2023-05-09 |
Denied |
IFP |
appeals-process criminal-procedure double-jeopardy due-process improper-witness-testimony ineffective-assistance-of-counsel legal-errors sentencing-errors sentencing-review sixth-amendment witness-testimony |
Whether the petitioner's constitutional rights were violated by the issues raised regarding double jeopardy, ineffective assistance of counsel, improp… |
| 22-7502 |
Anthony Gilbert-Brown v. United States |
Third Circuit |
2023-05-09 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure due-process fourth-amendment police-conduct seizure sentencing-guidelines standing supreme-court-review use-of-force |
Whether Third Circuit Court of Appeals erred in affirming Gilbert-Brown was seized |
| 22-1090 |
Christopher David Tarpey v. Wyoming |
Wyoming |
2023-05-09 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure defendant-waiver due-process fundamental-right personal-right public-trial sixth-amendment waiver |
Is the Sixth Amendment right to a public trial a fundamental right that is personal to the defendant such that waiver must be on the record by the def… |
| 22-7479 |
Mario Rodolfo Chairez-Avila v. United States |
Fifth Circuit |
2023-05-08 |
Denied |
IFP |
Apprendi-v-New-Jersey case-law certiorari constitutional-interpretation criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7480 |
Elbert Silas v. United States |
Fifth Circuit |
2023-05-08 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-provisions criminal-procedure due-process index-of informed-consent procedural-rights reason-for-granting-the-writ sentencing-guidelines |
Whether Mr. Silas's due process rights were violated |
| 22-7468 |
Donatus O. Mbanefo v. United States |
Eleventh Circuit |
2023-05-05 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-deficiency criminal-procedure due-process equal-protection minority-rights selective-prosecution sixth-amendment trial-counsel |
Whether the lower courts erred by lending themselves to a prosecution that intentionally selected minority physicians for prosecution in violation of … |
| 22-7469 |
Angel Hernan Hernandez v. Ron Godwin, Warden |
Ninth Circuit |
2023-05-05 |
Denied |
IFP |
appeals civil-rights criminal-procedure district-attorney due-process standing |
Whether the Kings County District Attorney's Office has standing to appeal the lower court's judgment |
| 22-1080 |
City of Stockton, California, et al. v. Francisco Duarte |
Ninth Circuit |
2023-05-05 |
Denied |
Amici (2)Response Waived |
civil-procedure civil-rights civil-rights-claim criminal-procedure due-process heck-bar heck-v-humphrey nolo-contendere plea-bargaining plea-deal pretrial-diversion section-1983 |
Whether the 'Heck Bar' bars a 42 U.S.C. Section 1983 claim where the plaintiff pled nolo contendere as part of a plea deal |
| 22-1068 |
Gary Paul Kirkman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-04 |
Denied |
|
certificate-of-appealability confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process melendez-diaz-v-massachusetts sane-records sixth-amendment |
Whether the Fifth Circuit erred in denying Gary Paul Kirkman's request for a certificate of appealability |
| 22-1070 |
Stanford James Stelle, III v. California |
California |
2023-05-04 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
competency competency-hearing criminal-defendant criminal-procedure drope-v-missouri due-process fourteenth-amendment mental-competency mental-incompetence pate-v-robinson successive-review |
Does California's heightened standard for a successive competency hearing violate the Due Process Clause of the Fourteenth Amendment? |
| 22-1075 |
James E. Hinkle v. Ron Neal, Warden |
Seventh Circuit |
2023-05-04 |
Denied |
Response Waived |
6th-amendment confrontation-clause criminal-procedure due-process evidence federal-precedent impeachment impeachment-evidence witness-testimony |
Whether the right to confrontation was denied |
| 22-7457 |
Bruce Allen Buckner v. Daniel Porter, et al. |
Fourth Circuit |
2023-05-04 |
Denied |
IFP |
brady-violation civil-procedure civil-rights civil-stay constitutional-rights criminal-case criminal-procedure due-process judicial-bias obstruction-of-justice stay |
Does a stay in one civil proceeding pending the outcome of a criminal case extend to all other civil proceedings stemming from the same criminal case? |
| 22-7459 |
Joseph Church v. United States |
Fifth Circuit |
2023-05-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-circuit guilty-plea involuntary-plea notice plea-withdrawal sentencing |
Whether it is harmless error when a guilty plea is obtained in violation of due process of law |
| 22-7460 |
Carlos Darnell Dixon v. Tennessee |
Tennessee |
2023-05-04 |
Denied |
IFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure criminal-trial due-process evidence firearm-possession jury-inference jury-trial second-amendment |
To what extent may the State violate a citizen's right to bear arms as secured by the Second Amendment to the United States Constitution against him/h… |
| 22-7462 |
Ronnie Bowman v. United States |
Fourth Circuit |
2023-05-04 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights criminal-procedure due-process habeas-corpus sentencing |
Whether the district court erred in denying petitioner's motion for a new trial based on the alleged violation of his constitutional rights under the … |
| 22-7465 |
Jogaak Jogaak v. Dan Sullivan, Warden |
South Dakota |
2023-05-04 |
Denied |
IFP |
armed-career-criminal-act civil-rights constitutional-challenge criminal-procedure due-process jurisdiction sentencing-enhancement standing statutory-interpretation vagueness-doctrine violent-felony |
Whether a scalp laceration is a 'serious bodily injury' as defined in SDCL 22-1-2(1A)? |
| 22-7438 |
Frank Nellom v. United States District Court for the Eastern District of Pennsylvania |
Third Circuit |
2023-05-03 |
Denied |
Response WaivedRelisted (2)IFP |
court-order criminal-procedure double-jeopardy due-process expungement fourteenth-amendment judicial-interpretation jury-finding jury-instructions rape-conviction |
Did the honorable Philadelphia Court of Common Pleas Judge Joan A. Brown find the Commonwealth v. Frank Nellom, 565 A.2d 770 (Pa. Super.1989) Court Or… |
| 22-7439 |
Julio Osorio v. United States |
Fifth Circuit |
2023-05-03 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process federal-law guideline-interpretation ransom-crime sentencing-enhancement sentencing-guidelines statutory-interpretation |
whether-the-5th-circuit-erred-in-applying-a-6-point-enhancement-for-crimes-against-government-to-crimes-against-civilians |
| 22-7450 |
Derry Sykes v. New York City Housing Authority |
Second Circuit |
2023-05-03 |
Denied |
IFP |
civil-rights due-process evidence fair-housing fair-housing-act housing-discrimination judicial-discretion mold mold-remediation standing |
Whether the district court abused its discretion and made a clear error of law in dismissing petitioner's complaint for failure state a claim under th… |
| 22-7451 |
Bennie C. Rivera v. United States |
Eleventh Circuit |
2023-05-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-justice criminal-procedure fair-sentence-act first-step-act judicial-discretion judicial-review motion-denial sentencing sentencing-discretion statutory-interpretation |
Did Judge John Anton II abuse his discretion in denying the petitioner's motion under the First Step Act and Fair Sentence Act without a hearing? |
| 22-7437 |
Kevin Darrell Miller v. United States |
Ninth Circuit |
2023-05-02 |
Denied |
Response WaivedIFP |
contemporaneous-conduct criminal-procedure drug-distribution drug-use evidence evidence-admissibility intent-standard mens-rea possession |
Whether evidence of a defendant's drug use and simple possession is admissible to prove mens rea in a drug distribution trial |
| 22-7444 |
Julio Gonzalez v. United States |
Fifth Circuit |
2023-05-02 |
Denied |
Response WaivedIFP |
administration-of-justice base-offense-level cocaine-possession criminal-procedure criminal-sentencing culpability culpability-assessment drug-quantity fifth-circuit sentencing-guidelines |
Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts |
| 22-1063 |
Tennessee v. Tyshon Booker |
Tennessee |
2023-05-02 |
Denied |
Response Waived |
8th-amendment constitutional-law criminal-procedure eighth-amendment graham-v-florida juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama sentencing-guidelines term-of-years-sentences |
Whether the Eighth Amendment prohibits term-of-years sentences that effectively deny juvenile offenders a meaningful opportunity for release |
| 22-1065 |
John Paul Gosney, Jr. v. United States |
Eleventh Circuit |
2023-05-02 |
Denied |
Response Waived |
asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process ex-parte-order forfeiture-statute grand-jury right-to-counsel traceability |
Whether United States v. Monsanto, 491 U.S. 600 (1989), and/or Kaley v. United States, 571 U.S. 320 (2014), should be overruled or at least modified |
| 22-7417 |
Keanan Dequez Bond v. United States |
Fourth Circuit |
2023-05-01 |
Denied |
Response WaivedIFP |
compassionate-release criminal-procedure district-court due-process equal-protection fourteenth-amendment plea-agreement sentencing |
Whether the court of appeals violated the defendant's Fourteenth Amendment right to equal protection |
| 22-7420 |
Jose Angel Morquecho-Sanchez v. United States |
Fifth Circuit |
2023-05-01 |
Denied |
IFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7421 |
Michael Anthony McDowell, aka Red v. United States |
Fourth Circuit |
2023-05-01 |
Denied |
Response WaivedIFP |
compel criminal-procedure district-court due-process government-discretion government-refusal judicial-review rule-35 rule-35-motion standing |
Whether the due process rights of Petitioner violated by the Government's refusal to file a Rule 35 motion, and the district court's refusal to compel… |
| 22-7423 |
Gilberto Marquez-Calzadilla v. United States |
Fifth Circuit |
2023-05-01 |
Denied |
IFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7426 |
George Donald Hatt, Jr. v. Washington |
Washington |
2023-05-01 |
Denied |
IFP |
criminal-procedure effective-assistance-of-counsel informed-consent informed-decision mandatory-minimums offender-score plea-bargain plea-negotiations trial-strategy |
Does effective assistance of counsel in a plea bargain context requires that counsel actually and substantially assist a client in deciding whether to… |
| 22-7432 |
Willie Glover, Jr. v. United States |
District of Columbia |
2023-05-01 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment executive-order human-rights recidivism sentencing-guidelines standing |
Whether the D.C. Court of Appeals erred in treating the case as subject to harmless error analysis when the error was structural in nature |
| 22-7435 |
Alex Smith v. United States |
Fourth Circuit |
2023-05-01 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process fifth-amendment jury-instruction jury-instructions reasonable-doubt |
Does the Due Process Clause of the Fifth Amendment require a trial court to instruct, or refuse to instruct, the Jury on the fundamental meaning of 'B… |
| 22-7393 |
Allen W. Thompson v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2023-04-28 |
Denied |
IFP |
affidavit-requirement collateral-attack credibility-of-witnesses criminal-procedure due-process evidentiary-standards habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel pro-se-litigation standard-of-review |
Circumstances-for-pro-se-habeas-petitions |
| 22-7396 |
Richard Anthony Wilford v. United States |
Fourth Circuit |
2023-04-28 |
Denied |
Response WaivedIFP |
cocaine-quantity criminal-procedure district-court due-process equal-protection false-declaration pro-se pro-se-petition sentencing sentencing-memorandum supervised-release supremacy-clause |
Whether to grant the petition for a writ of certiorari, vacate the judgment, and remand for reconsideration in light of Concepcion V. United States, 1… |
| 22-7397 |
Daniel Kim v. Massachusetts |
Massachusetts |
2023-04-28 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-speech due-process fighting-words first-amendment free-speech jury-determination jury-instructions speech-protection state-court true-threats |
Whether a state court is prohibited from unilaterally determining whether a defendant's written speech on his blog is protected or criminal, without h… |
| 22-7400 |
Maurice Morrison v. Massachusetts |
Massachusetts |
2023-04-28 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-rights criminal-procedure due-process evidence fourteenth-amendment judicial-protection jury-deliberations jury-trial sixth-amendment trial-evidence |
Whether a juror's communication to the jury during deliberations of highly prejudicial specialized factual information that was based on his professio… |
| 22-7401 |
Brandon Quane Hudson v. United States |
Fourth Circuit |
2023-04-28 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure drug-trafficking fourth-amendment good-faith-exception magisterial-review magistrate-review probable-cause search-and-seizure search-warrant |
Whether the Leon good-faith exception applies to a search warrant that lacked sufficient probable cause to support a search |
| 22-7404 |
Tomas Jaramillo v. United States |
Fifth Circuit |
2023-04-28 |
Denied |
Response WaivedIFP |
appeal-rights attorney-client-communication attorney-consultation consultation-duty criminal-appeals criminal-defendant criminal-procedure flores-ortega-standard ineffective-assistance-of-counsel right-to-appeal sentencing |
Whether an attorney has failed to consult within the meaning of Roe v. Flores-Ortega |
| 22-7407 |
Derrick D. Hayes v. Illinois |
Illinois |
2023-04-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance prejudice right-to-counsel trial-strategy |
Whether the petitioner's trial attorney rendered constitutionally ineffective assistance by pursuing a defense that was patently untenable and doomed … |
| 22-7408 |
Robert E. Hammersley v. Wisconsin |
Wisconsin |
2023-04-28 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process ex-parte ex-parte-denial habeas-corpus judicial-notice post-conviction postconviction-relief standing statutory-interpretation wrongful-conviction |
Whether the Wisconsin Supreme Court erred in ex parte denying unheard petitions for judicial notice, investigation, post-conviction relief, and presen… |
| 22-7413 |
Nathan G. Flemming v. Tennessee |
Tennessee |
2023-04-28 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law constitutional-provisions criminal-procedure defendant-rights delay due-process judicial-process presence-of-defendant pronouncement-of-sentence sentencing sentencing-delay |
Does a thirteen month delay between sentencing hearing and the pronouncement of sentence violate due process? |
| 22-7389 |
Gerald Lee Banks v. A. W. Wingfield, Acting Warden |
Fourth Circuit |
2023-04-27 |
Denied |
Response WaivedIFP |
appeal appellant-court case-law criminal-procedure due-process fourth-circuit judicial-review legal-precedent precedent sentencing-error |
Did the Appellant err when it violated its own precedent in denying Banks sentencing error? |
| 22-7390 |
Robert James Turner, aka Robert James Branham v. United States |
Fourth Circuit |
2023-04-27 |
Denied |
Response WaivedIFP |
assimilative-crimes-act civil-rights criminal-procedure district-court due-process federal-jurisdiction government-action jurisdictional-dispute legal-review ninth-circuit stipulation |
Whether the district court's jurisdiction over the case was legally defeated by the defendant's stipulation regarding the location of the offense, and… |
| 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 |
Was the lawyer's advice objectively unreasonable under the Sixth Amendment's guarantee to effective assistance of counsel? |
| 22-1046 |
Thomas J. Kelly v. University of Florida Board of Trustees, et al. |
Florida |
2023-04-27 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process judicial-misconduct mandamus-petition presumption-of-innocence public-records separation-of-powers |
Whether a state civil trial court judge can adjudicate criminal guilt without notice, hearing, or charges against the petitioner |
| 22-7370 |
Donte Lamont Dingle v. United States |
Fourth Circuit |
2023-04-26 |
Denied |
Response WaivedIFP |
criminal-procedure de-novo-review discovery-rule-16 fourth-amendment franks-v-delaware franks-violation jencks-material probable-cause search-warrant standard-of-review |
Whether the Fourth Circuit's decision conflicts with prior decisions of this Court and another United States Court of Appeals, including its own, on t… |
| 22-7373 |
Victor M. Miranda-Guerrero v. California |
California |
2023-04-26 |
Denied |
IFP |
aggravating-circumstances apprendi-v-new-jersey constitutional-rights criminal-procedure death-penalty due-process jury-determination jury-trial mitigating-circumstances sentencing sentencing-procedure |
Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute violate the Fifth, Sixth and Fourte… |
| 22-7377 |
Jose Isabel Mora-Rodriguez v. United States |
Fifth Circuit |
2023-04-26 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7378 |
Patrick Ellis Cochran v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2023-04-26 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure custody due-process ineffective-assistance plea-bargaining plea-negotiations sixth-amendment speedy-trial |
Was Petitioner's right to a speedy trial under the 6th Amendment denied? |
| 22-7379 |
Igor Grushko v. United States |
Eleventh Circuit |
2023-04-26 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment law-enforcement loss-calculation probable-cause reasonableness reasonableness-standard search-and-seizure search-warrant sentencing-guidelines |
Whether the police entering a residence to execute a search warrant must possess probable cause that the person they are seeking is inside the residen… |
| 22-7381 |
Larry Anthony Ladson, Jr. v. United States |
Fourth Circuit |
2023-04-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights criminal-procedure due-process equal-protection habeas-corpus judicial-review legal-standing procedural-due-process selective-prosecution standing |
Whether Petitioner was a victim of Selective-Prosecution |
| 22-7382 |
Tarus Vandell Sales v. Texas |
Texas |
2023-04-26 |
Denied |
IFP |
actual-innocence constitutional-rights criminal-procedure death-penalty eighth-amendment enmund-v-florida fourteenth-amendment habeas-corpus law-of-parties sixth-amendment tison-v-arizona |
Whether Mr. Sales's death sentence violates the Sixth, Eighth, and Fourteenth Amendments |
| 22-7384 |
In Re Reidie James Jackson |
|
2023-04-26 |
Denied |
IFP |
abstention circuit-court civil-rights constitutional-review criminal-procedure dismissal due-process federal-jurisdiction judicial-procedure jurisdiction standing |
Whether the U.S. Court of Appeals for the Sixth Circuit erred in refusing to address the issue of abstention |
| 22-7359 |
Devin Baker v. United States |
Sixth Circuit |
2023-04-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
controlled-substances criminal-law criminal-procedure drug-convictions drug-offense federal-sentencing prior-convictions sentencing-guidelines statutory-interpretation |
Can a federal judge impose a sentence enhancement based on a prior drug conviction inclusive of a substance that is no longer controlled at the time o… |
| 22-7361 |
Demonte Tretion Kelly v. United States |
Fifth Circuit |
2023-04-25 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-waiver circuit-split criminal-procedure due-process intellectual-disability miscarriage-of-justice sentencing-guidelines |
Whether appellate waivers in federal criminal cases contain an implied exception for miscarriage-of-justice |
| 22-7364 |
Matthew Caleb Ross v. Texas |
Texas |
2023-04-25 |
Denied |
IFP |
civil-rights community-supervision constitutional-rights criminal-procedure discovery due-process effective-assistance-of-counsel evidence-review habeas-corpus ineffective-assistance texas-court |
Whether the Court of Criminal Appeals of Texas erred in dismissing the petitioner's writ of habeas corpus due to community supervision not being revok… |
| 22-7369 |
Sydney Tyrone Mays v. Illinois |
Illinois |
2023-04-25 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence ineffective-assistance prior-statement right-to-counsel sixth-amendment trial-integrity witness |
Does a witness's prior inconsistent statement preclude the witness from testifying about the subject matter? |
| 22-7350 |
Emanuel Higuera v. United States |
Ninth Circuit |
2023-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-hearing expert-testimony judicial-discretion law-enforcement preliminary-proceedings trial-procedure witness-qualification |
Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t… |
| 22-7352 |
Samuel Jesus Avila v. United States |
Fifth Circuit |
2023-04-24 |
Denied |
Response WaivedIFP |
2nd-amendment constitutional-interpretation criminal-procedure due-process federal-criminal-procedure federal-rule plain-error precedent second-amendment standing |
Is an error 'plain' within the meaning of Federal Rule of Criminal Procedure 52(b) only if controlling precedent has recognized the exact same error i… |
| 22-7357 |
Irina Collier v. Marc Tessier-Lavigne, President of Stanford University, et al. |
Federal Circuit |
2023-04-24 |
Denied |
IFP |
civil-rights criminal-procedure due-process federal-courts habeas-corpus standing |
Whether the habeas corpus petition was properly denied? |
| 22-7343 |
William Levi Oliver v. Texas |
Texas |
2023-04-21 |
Denied |
IFP |
6th-amendment confrontation-clause criminal-procedure due-process evidence expert-testimony ineffective-assistance trauma-narrative videoconference-testimony witness |
Whether the Confrontation Clause permits out-of-state testimony via videoconference |
| 22-7345 |
Ali F. Elmezayen v. United States |
Ninth Circuit |
2023-04-21 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure domestic-abuse due-process fair-trial impartial-jury jury-selection sixth-amendment voir-dire |
Whether a district court may refuse to inform the venire during jury selection about key emotional issues in the case, such as allegations of domestic… |
| 22-7346 |
John G. Calhoun v. Florida |
Florida |
2023-04-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process estelle-v-mcguire habeas-corpus jury-instruction jury-instructions legal-precedent lisenba-v-california manslaughter trial-fairness |
Whether the inaccurate jury instruction on Manslaughter by Act so infused the trial with unfairness as to deny the Petitioner's right to Due Process o… |
| 22-7348 |
Joel Suarez v. Chris Brewer, Warden |
Eighth Circuit |
2023-04-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining right-to-counsel sixth-amendment trial-counsel |
Whether the petitioner received ineffective assistance of counsel due to counsel's failure to obtain an interpreter, ineffective performance in the pl… |
| 22-7349 |
Thomas J. M. Goodin v. United States |
Fifth Circuit |
2023-04-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-circuit habeas-corpus ineffective-assistance standing |
Whether the Fifth Circuit clearly erred by exceeding the limited scope of the COA analysis |
| 22-7330 |
Pedro Perez-Hernandez v. United States |
Fifth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
citizenship citizenship-status civil-rights constitutional-violations criminal-procedure deportation due-process habeas-corpus immigration ineffective-counsel sentencing |
Whether petitioner's conviction for 'illegal reentry' was supported by sufficient evidence |
| 22-7333 |
David Jah, Sr. v. United States |
Ninth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
civil-rights commerce-clause criminal-procedure due-process interstate-commerce jury-instruction jury-instructions pro-se-representation sixth-amendment speedy-trial speedy-trial-act |
government-fabricated-evidence |
| 22-7335 |
Enrique Holguin v. United States |
Ninth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-standards expert-testimony judicial-discretion law-enforcement preliminary-hearing preliminary-proceedings trial-procedure |
Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t… |
| 22-7336 |
Shawn Kaleb Drake v. United States |
Fifth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
bureau-of-prisons credit criminal-procedure duty-to-determine federal-sentence federal-sentencing judicial-discretion presentence-detention sentencing |
Whether a district court has a duty to determine on its own whether the Bureau of Prisons will give credit for presentence detention time when a defen… |
| 22-7339 |
Holly Harvey v. Georgia |
Georgia |
2023-04-20 |
Denied |
Response WaivedIFP |
14th-Amendment appellate-rights criminal-appeals criminal-procedure due-process georgia-courts habeas-corpus ocga-5-6-35 post-conviction-remedies |
Due-Process |
| 22-7340 |
Damorius D. Gaines v. Geoffrey Benedict Eaton, et al. |
Fourth Circuit |
2023-04-20 |
Denied |
IFP |
4th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance-of-counsel search-warrant |
Did the South Carolina courts err in denying relief on petitioner's claims that his constitutional rights were violated? |
| 22-7316 |
Hugo Perez-Mendoza v. United States |
Fifth Circuit |
2023-04-19 |
Denied |
IFP |
criminal-law criminal-procedure due-process judicial-precedent precedent-overturning recidivism sentencing stare-decisis statutory-interpretation supreme-court-review |
Whether this Court should overrule its decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998) |
| 22-7317 |
Rosa V. v. Ali H. |
California |
2023-04-19 |
Denied |
IFP |
child-abuse civil-rights confrontation-clause criminal-procedure due-process evidence evidence-law hearsay-exception medical-records out-of-court-statements sixth-amendment |
Whether the trial court erred in excluding evidence of medical records and statements under the hearsay rule |
| 22-7319 |
Jose Manuel Salazar-Hernandez v. United States |
Fifth Circuit |
2023-04-19 |
Denied |
IFP |
case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7321 |
Schuyler Scarborough v. Oklahoma |
Oklahoma |
2023-04-19 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus retroactivity right-to-counsel state-criminal-procedure |
whether the State of Oklahoma afforded petitioner a constitutionally adequate opportunity to receive the assistance of Counsel for his case |
| 22-7324 |
Byron R. Fisher v. Denis R. McDonough, Secretary of Veterans Affairs |
Federal Circuit |
2023-04-19 |
Denied |
Response WaivedIFP |
administrative-procedure civil-rights constitutional-rights criminal-procedure disability-claims due-process judicial-review military-service standing veterans-benefits |
Did the lower court violate the constitutional rights of an Iraq War Veteran (Petitioner) by not addressing the crimes committed by the Respondent? |
| 22-7308 |
Jose Alfredo Solis v. United States |
Ninth Circuit |
2023-04-18 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure federal-appeals guidelines-range harmless-error sentencing-guidelines standard-of-proof |
What standard of proof must the government meet to prove a preserved Guidelines error is harmless? |
| 22-7310 |
Antonio Minnis v. United States |
Eighth Circuit |
2023-04-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure enhanced-sentence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-prong sentencing-enhancement sixth-amendment strickland-standard strickland-v-washington |
Whether the court's prejudice prong in Strickland v. Washington is satisfied when an attorney admits to ineffective assistance and the defendant rejec… |
| 22-7313 |
Rakim Moberly v. United States |
Sixth Circuit |
2023-04-18 |
Denied |
Response WaivedIFP |
appellate-procedure circuit-court-standard compassionate-release criminal-procedure excusable-neglect federal-rules-of-appellate-procedure first-step-act notice-of-appeal pro-se pro-se-appeal |
Whether the petitioner's letter to the district court clerk qualified as a notice of appeal |
| 22-1013 |
J. R. v. North Carolina |
North Carolina |
2023-04-18 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure due-process impartial-judge judicial-bias judicial-impartiality liberty-interest north-carolina-law trial-judge trial-procedure |
Whether the right to an impartial judge is violated when the trial judge also performs the role of the advocate for incarceration |
| 22-7282 |
David William Linder v. Brian Lammer, Warden |
Seventh Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
analogue-drugs controlled-substances criminal-procedure drug-statute federal-cases jury-instructions mens-rea standing supreme-court-rule-14.1(b) |
Can the drug death statute, 21 § 841(b)(1)(c) be enlarged to include analogue drugs? |
| 22-7284 |
Herbert Bernard Johnson v. United States |
Sixth Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
amendment criminal-law criminal-procedure harmless-error indictment indictment-amendment interstate-commerce statutory-interpretation structural-error |
Whether the statutory language of 18 U.S.C. §2252A(a)(5)(B)'s alternative interstate commerce elements constitute separate offenses or alternative mea… |
| 22-7286 |
Vonteak Alexander v. Jane Doe, et al. |
Ninth Circuit |
2023-04-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
contract-law criminal-procedure defendant-rights due-process judicial-discretion legal-reformation mistake-of-law mutual-mistake plea-agreement |
May a court reform an accepted, valid, federal plea agreement containing a mutual mistake of law to circumvent the mistake to the defendant's prejudic… |
| 22-7287 |
Rodolfo Tovar-Zamarripa v. United States |
Fifth Circuit |
2023-04-14 |
Denied |
IFP |
almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-7288 |
Gilberto Gonzalez-Enriquez v. United States |
Fifth Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process error-calculation harmless-error judicial-discretion sentencing sentencing-error sentencing-guidelines standard-of-review u.s-sentencing-guidelines |
Whether a sentencing court can insulate a substantial error in calculating the U.S. Sentencing Guidelines range from appellate review simply by assert… |
| 22-7290 |
Michael Kenneth Howard v. United States |
Fourth Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion acceptance-of-responsibility criminal-procedure district-court fourth-circuit right-to-appeal sentencing-guidelines waiver waiver-of-appeal |
Whether the Fourth Circuit erred by ruling that Mr. Howard waived his right to appeal whether the District Court erred by not applying Acceptance of R… |
| 22-7292 |
Jason Edward Simpson v. United States |
Fifth Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
21-usc-841 controlled-substances-act criminal-procedure due-process jury-finding jury-instructions knowledge-element mens-rea reasonable-doubt statutory-minimum-maximum statutory-sentencing |
Whether a conviction of a substantive offense under 21 U.S.C. § 841 requires jury finding of defendant's knowledge of drug type and quantity |
| 22-7296 |
Nathan Karl Thomas v. United States |
Eighth Circuit |
2023-04-14 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-challenge criminal-procedure criminal-sentencing double-jeopardy due-process legal-review plea-bargaining sentencing statutory-interpretation substantive-review supreme-court-petition |
Did the Sentencing Court give Petitioner a Substantively Reasonable Sentence? |
| 22-7267 |
Lloyd Leslie Kindred v. T. Cisneros, Warden |
Ninth Circuit |
2023-04-13 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment |
Whether the 6th Amendment of the U.S. Constitution was violated by the state court's finding that the petitioner's trial counsel was reasonably effect… |
| 22-7271 |
Gregg Haden v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-04-13 |
Denied |
IFP |
14th-amendment 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process fourteenth-amendment judicial-review supreme-court-precedent texas-procedure |
Whether Texas's procedure for failing to apply the Bullcoming standard and violating the 6th Amendment right to confrontation that is incorporated aga… |
| 22-7272 |
Christopher Ernest Martinez v. United States |
Fifth Circuit |
2023-04-13 |
Denied |
Response WaivedIFP |
criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court |
Whether the district court's error in accepting the guilty plea under Federal Rules of Criminal Procedure 11(b)(8) is 'plain' where the record identif… |
| 22-7273 |
Fidelmar Hernandez-Jimenez v. United States |
Fifth Circuit |
2023-04-13 |
Denied |
Response WaivedIFP |
appellate-review conflict-with-other-courts criminal-procedure district-court district-court-error holguin-hernandez judicial-discretion sentencing-guidelines substantial-argument substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 22-7280 |
Richard Ralph Martinez v. Michelle Lujan Grisham, Governor of New Mexico, et al. |
Tenth Circuit |
2023-04-13 |
Dismissed |
IFP |
criminal-procedure determinate-sentencing due-process habeas-corpus indeterminate-sentencing judicial-review life-sentence new-mexico parole parole-eligibility sentencing |
Whether the petitioner's due process rights were violated when he was misinformed about the length of his life sentence and parole eligibility require… |
| 22-7281 |
Steven Ray Rouse v. North Carolina |
North Carolina |
2023-04-13 |
Denied |
IFP |
civil-procedure constitutional-rights discovery discovery-violations due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-procedure prosecutorial-misconduct witness-identification |
How could lawyer (Rick Farqutte) send Steven Ray Rouse at discovery of 3 facts and 1? were duplicates? |
| 22-992 |
Clay Melton Denton v. United States |
Fifth Circuit |
2023-04-13 |
Denied |
|
adverse-inference criminal-procedure due-process evidence-spoliation exculpatory-evidence government-failure jury-instruction spoliation |
When is a defendant entitled to a spoliation instruction for lost potentially exculpatory evidence? |
| 22-997 |
Andrew Lewis v. Texas |
Texas |
2023-04-13 |
Denied |
|
criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony prejudice-analysis standard-of-review strickland-standard strickland-v-washington trial-counsel |
Whether the TCCA failed to conduct the 'probing and fact-specific' prejudice analysis required by Strickland v. Washington |
| 22-993 |
In Re Krishna Maharaj |
|
2023-04-12 |
Denied |
Amici (2) |
constitutional-rights criminal-procedure due-process factual-innocence federal-courts federal-procedure habeas-corpus innocence judicial-review |
Whether the federal constitutional right not to be imprisoned when factually innocent exists and should be defined by the Court |
| 22-7259 |
Jose Manuel Cejudo-Mancinas v. United States |
Fifth Circuit |
2023-04-12 |
Denied |
IFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7260 |
Luis Alberto Escobedo-Duenas v. United States |
Fifth Circuit |
2023-04-12 |
Denied |
IFP |
almendarez-torres-precedent certiorari constitutional-provisions criminal-procedure due-process fifth-circuit judicial-review overrule sentencing sixth-amendment supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7261 |
Susan Elise Prophet v. United States |
Eighth Circuit |
2023-04-12 |
Denied |
Response WaivedIFP |
18-usc-3582 abuse-of-discretion appellate-review compassionate-release criminal-procedure eighth-circuit federal-sentencing judicial-discretion sentence-reduction sentencing statutory-interpretation |
Whether the United States Court of Appeals for the Eighth Circuit abused its discretion in denying Prophet's Motion for Compassionate Release/Reductio… |
| 22-7264 |
Corey Shamon McKinney v. United States |
Tenth Circuit |
2023-04-12 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure drug-possession evidence-suppression fourth-amendment franks-v-delaware probable-cause search-warrant standing |
Whether an illegal search and seizure took place |
| 22-7247 |
Claudia Castillo Guzman v. United States |
Ninth Circuit |
2023-04-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process government-conduct judicial-discretion mitigating-factors sentence-manipulation sentencing |
Whether the Due Process Clause is violated when a sentencing court refuses to consider, as a mitigating factor, whether the government has engaged in … |
| 22-7249 |
Daryl Lee Godette Jr. v. United States |
Fourth Circuit |
2023-04-10 |
Denied |
Response WaivedIFP |
burden-of-proof constructive-possession criminal-procedure drug-possession due-process evidence evidence-standard possession reasonable-doubt |
Whether the Government proved beyond a reasonable doubt that Mr. Godette possessed the heroin found in the apartment |
| 22-7251 |
Thomas Creighton Shrader v. United States |
Fourth Circuit |
2023-04-10 |
Denied |
Response WaivedIFP |
constitutional-competence constitutional-standing criminal-procedure criminal-venue federal-courts federal-jurisdiction fourth-circuit-review standing statutory-interpretation subject-matter-jurisdiction venue |
When Congress by Statute has mandatorily set where the criminal Subject Matter Jurisdiction of the offense must be, was the Fourth Circuit in error to… |
| 22-978 |
Jackie Jackson v. Ohio |
Ohio |
2023-04-10 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
4th-amendment contraband criminal-procedure fourth-amendment law-enforcement lower-court-conflict police-conduct precedent probable-cause search search-and-seizure vehicle-search |
Whether a police search of a car occurred under the Fourth Amendment |
| 22-980 |
Neil Paul Noble v. Texas |
Texas |
2023-04-10 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process fourteenth-amendment fundamental-right harmless-error indictment-notice notice sixth-amendment state-courts |
Is the Sixth Amendment right to be informed of the nature and cause of the accusation a fundamental federal constitutional right that should be made a… |
| 22-7239 |
Edward Knight v. United States |
Ninth Circuit |
2023-04-07 |
Denied |
Response WaivedIFP |
crime-of-violence criminal-procedure due-process felony hobbs-act in-person jury-trial public-trial sixth-amendment structural-error |
Whether allowing a seated juror to appear virtually via Zoom in a federal felony trial is structural error violating the Fifth and Sixth Amendment rig… |
| 22-7232 |
Darrell Gunn v. Frederick N. Berntein, et al. |
Second Circuit |
2023-04-06 |
Denied |
Response WaivedIFP |
8th-amendment assault assault-case civil-rights constitutional-rights criminal-procedure due-process evidentiary-standards judicial-review medical-treatment retaliation |
Whether plaintiff was within the 5-year statute of 42 U.S.C. Section 1983(a) when he filed Section 1983 claims |
| 22-7235 |
Adam Chism v. Mississippi |
Mississippi |
2023-04-06 |
Denied |
IFP |
criminal-procedure due-process illegal-sentence interest-of-justice plain-error sentencing trial-court |
Whether Chism was denied due process of law when plain error was committed by the trial court in imposing an illegal sentence as a matter of law and/o… |
| 22-7225 |
Andrew Michael Gomez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-04-06 |
Denied |
Response WaivedIFP |
constitutional-inquiry criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining presumption-of-innocence trial-court |
whether-trial-court-required-to-inquire-into-factual-basis-of-guilty-plea |
| 22-7210 |
David McCall, Jr. v. United States |
Sixth Circuit |
2023-04-05 |
Denied |
Response WaivedIFP |
18-usc-3582 circuit-split criminal-procedure district-court-discretion extraordinary-compelling-reason sentence-reduction sentencing-law |
whether-district-court-may-consider-sentencing-disparity |
| 22-7213 |
Brian Evan Roth v. Florida |
Florida |
2023-04-05 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights closing-arguments criminal-procedure due-process evidence evidence-introduction judicial-discretion prosecutorial-misconduct trial-procedure |
Whether the trial court erred in allowing certain evidence to be introduced and considered as testimony, as well as issues brought up during closing a… |
| 22-7214 |
Miguel Angel Bacilio v. Texas |
Texas |
2023-04-05 |
Denied |
Relisted (2)IFP |
constitutional-error constitutional-rights criminal-procedure due-process fair-trial judicial-discretion jurisdiction right-to-counsel sixth-amendment |
Whether the trial court was legally convened and constituted with the provisions of the constitution and statute to remain a 'Court of Competent Juris… |
| 22-7215 |
Robert William Wazney v. South Carolina |
South Carolina |
2023-04-05 |
Dismissed |
Response WaivedRelisted (2)IFP |
appellate-procedure constitutional-review criminal-procedure direct-review due-process exhaustion-of-remedies jury-instructions post-conviction-relief retroactivity state-court-jurisdiction |
Did the trial court have jurisdiction to convict the petitioner? |
| 22-7216 |
Terrell Anderson v. United States |
Fourth Circuit |
2023-04-05 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure exclusionary-rule fourth-circuit judicial-review motion-to-suppress pretrial-motion search-and-seizure standard-of-review |
Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Terrell Anderson's pretrial mo… |
| 22-7218 |
Jaime Tomas-Antonio v. United States |
Fifth Circuit |
2023-04-05 |
Denied |
IFP |
constitutional-law constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit legal-precedent precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7220 |
Geronimo Juarez-Medellin v. United States |
Fifth Circuit |
2023-04-05 |
Denied |
IFP |
appellate-procedure Apprendi-v-New-Jersey certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent jury-trial recidivism sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7222 |
Ray Dansby v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2023-04-05 |
Denied |
IFP |
bias confrontation-clause criminal-procedure cross-examination due-process informant jailhouse-informant witness-impeachment |
Whether preclusion of cross-examination about an informant's propensity for bias violates the Confrontation Clause |
| 22-7224 |
Trinidad Walter Encarnacion-Pascual v. United States |
Fifth Circuit |
2023-04-05 |
Denied |
IFP |
case-review constitutional-law criminal-procedure criminal-sentencing due-process fifth-circuit judicial-procedure legal-precedent statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-966 |
Cavanta McLilly v. Adam Douglas, Warden |
Sixth Circuit |
2023-04-05 |
Denied |
Response Waived |
alleyne-violation criminal-procedure due-process evidence harmless-error jury-instructions jury-verdict police-testimony sentencing-review standard-of-review surveillance-video |
Whether police testimony identifying Mr. McLilly as the perpetrator seen on a surveillance video from the crime scene had a substantial and injurious … |
| 22-7197 |
Bernard A. Brandon v. Connecticut |
Connecticut |
2023-04-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
coercion criminal-procedure custody juvenile-justice miranda-rights probation |
Whether an interrogation in a secured facility between a probationer and armed law enforcement is custodial for Miranda purposes |
| 22-7205 |
Miguel Valdivia-Gonzalez v. United States |
Fifth Circuit |
2023-04-04 |
Denied |
IFP |
case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7207 |
Ignacio Martinez-Saucedo v. United States |
Fifth Circuit |
2023-04-04 |
Denied |
IFP |
case-review court-of-appeals criminal-procedure due-process judicial-procedure legal-precedent overruling sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7209 |
Dylan Brando Ervey Macias-Torres v. United States |
Fifth Circuit |
2023-04-04 |
Denied |
IFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7178 |
David Frazier v. Tennessee |
Tennessee |
2023-04-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-review court-jurisdiction criminal-procedure due-process judicial-review jurisdiction legal-error procedural-due-process sentencing sentencing-procedure state-courts |
Whether Supreme Court for Tennessee ignored facts and procedure for correction of illegal sentence |
| 22-7179 |
Andres Ajualip-Pablo v. United States |
Fifth Circuit |
2023-04-03 |
Denied |
IFP |
case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7180 |
Tyshon Booker v. Tennessee |
Tennessee |
2023-04-03 |
Dismissed |
IFP |
apprendi-v-new-jersey criminal-procedure fourteenth-amendment juvenile-court juvenile-transfer probable-cause reasonable-doubt sentencing sixth-amendment transfer-hearing |
Did it violate the Sixth and Fourteenth Amendments for the increase in the range of potential punishment to be based on findings made by a judge under… |
| 22-7182 |
Azizjon Rakhmatov v. United States |
Second Circuit |
2023-04-03 |
Denied |
Response WaivedIFP |
28-usc-46c 2nd-circuit circuit-conflict criminal-procedure due-process en-banc en-banc-review inter-panel-conflict judicial-bias racial-bias sentencing |
Whether 28 U.S.C. §46c and due process require en banc consideration of inter-panel conflict |
| 22-7183 |
Manuel Camilo Ordonez-Mendoza v. United States |
Fifth Circuit |
2023-04-03 |
Denied |
IFP |
case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7186 |
Daniel Ray Mann v. Doug Clark, Warden, et al. |
Eighth Circuit |
2023-04-03 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process expert-testimony plain-error plain-error-review procedural-default prosecutorial-misconduct vouching |
Whether the state court's admission of 'vouching' testimony from a police officer expert witness violated the defendant's due process rights under the… |
| 22-7145 |
Abdullah Khabir Yusuf v. United States |
Fifth Circuit |
2023-03-31 |
Denied |
Response WaivedIFP |
criminal-procedure due-process in-re-winship jackson-v-virginia reasonable-doubt standard-of-review sufficiency-of-evidence |
Whether a federal court of appeals reviewing a defendant's challenge to the sufficiency of the evidence supporting his conviction must apply the reaso… |
| 22-7167 |
Quentin Truley v. United States |
Eleventh Circuit |
2023-03-31 |
Denied |
Response WaivedIFP |
civil-rights conspiracy constitutional-rights crime-of-violence criminal-procedure due-process hobbs-act ineffective-assistance plea-bargaining probable-cause sentencing |
Whether the appellant's conviction for conspiracy to commit Hobbs Act robbery does not constitute a crime of violence predicate under 18 U.S.C. § 924(… |
| 22-7142 |
William Matthew Plump v. United States |
Eighth Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process fraud legal-ethics legal-misrepresentation mail-fraud misrepresentation sentencing wire-fraud |
Whether the Due Process Clause prohibits the government from using criminal fraud to punish or penalize an attorney for immaterial misstatements or om… |
| 22-7155 |
Kalid Koron Ocean-Avent v. United States |
Fourth Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-law criminal-procedure due-process evidence evidentiary-errors fair-trial firearm firearm-possession jury reasonable-doubt |
Whether the Government proved beyond a reasonable doubt that Mr. OceanAvent possessed a firearm |
| 22-7156 |
James Anthony Rogers v. United States |
Eighth Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
brady-violation civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct |
Whether the prosecutor's conduct in this case violated the petitioner's due process rights under the Fourteenth Amendment |
| 22-7159 |
Denzel Simmons v. Mike Walczak, Warden |
Sixth Circuit |
2023-03-30 |
Denied |
IFP |
appellate-procedure civil-rights constitutional-rights criminal-procedure double-jeopardy due-process fraud-on-court free-speech ineffective-assistance-of-counsel police-misconduct sixth-circuit |
QUESTION(S) PRESENTED |
| 22-953 |
Pablo Calderon v. United States |
Second Circuit |
2023-03-30 |
Denied |
Response Waived |
criminal-charges criminal-procedure district-court due-process federal-jurisdiction federal-statute habeas-corpus statutory-interpretation substantive-law |
Does a federal district court have habeas corpus jurisdiction when a substantive element of the criminal charges was not found under the law mandated … |
| 22-945 |
Jonathan Dean Davis v. United States |
Fifth Circuit |
2023-03-29 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure criminal-statute misrepresentation money-laundering restitution sentencing statutory-interpretation victim-loss wire-fraud |
Is proof of misrepresentations sufficient to establish wire fraud or money laundering? |
| 22-7138 |
Muzammil Ali v. United States |
Eighth Circuit |
2023-03-29 |
Denied |
Response WaivedIFP |
criminal-procedure downward-variance due-process fifth-amendment jail-phone-calls motion-for-continuance sentencing sixth-amendment speedy-trial speedy-trial-act |
Whether the court of appeals erred in affirming that Ali's Fifth and Sixth Amendment rights were not violated under the Speedy Trial Act |
| 22-7146 |
Daren Bernard Razz, III v. United States |
Eleventh Circuit |
2023-03-29 |
Denied |
Response WaivedIFP |
18-usc-3161 criminal-procedure due-process federal-prosecution government-delay indictment-timing sixth-amendment speedy-trial statutory-delay |
Denial of motion to dismiss indictment alleging unconstitutional delay |
| 22-7148 |
Karteu Omar Jenkins v. United States |
Eleventh Circuit |
2023-03-29 |
Denied |
Response WaivedRelisted (9)IFP |
acquitted-conduct criminal-procedure drug-weight-calculation due-process fifth-amendment ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment |
Whether the district court erred in not appointing new counsel after the second hearing on the matter? |
| 22-7130 |
Timothy Fletcher v. United States |
First Circuit |
2023-03-28 |
Denied |
Response WaivedIFP |
booker-decision criminal-procedure district-court-notice federal-rules federal-rules-of-criminal-procedure judicial-discretion mandatory-guidelines notice-requirement sentencing sentencing-guidelines united-states-v-booker |
Whether the elimination of mandatory sentencing guidelines pursuant to United States v. Booker has rendered Fed. R. Crim. P. 32(h) a nullity |
| 22-7114 |
Miguel Ortiz-Castillo v. United States |
Fifth Circuit |
2023-03-27 |
Denied |
IFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process judicial-interpretation precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-7116 |
In Re Ramone L. Wright |
|
2023-03-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plea-agreement plea-bargaining rule-11 rule-52 |
Whether a violation of Rule 11 of the Federal Rules of Criminal Procedure constitutes a cognizable error as provided by Rule 52(b) |
| 22-7121 |
Christopher Barret v. United States |
Second Circuit |
2023-03-27 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure de-novo-resentencing de-novo-review direct-appeal resentencing sentencing sentencing-discretion vacatur |
Whether district courts must conduct full de novo resentencing following vacatur of one or more counts |
| 22-7087 |
Michael James Hoffman v. United States District Court for the District of Arizona |
Ninth Circuit |
2023-03-24 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process evidence-manipulation fifth-amendment fourteenth-amendment grand-jury right-to-counsel sixth-amendment state-misconduct trial-misconduct |
Did the State violate the Petitioner's Sixth Amendment right to counsel and due process? |
| 22-7090 |
Frank Gallardo v. United States |
Eighth Circuit |
2023-03-24 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-exclusion expert-testimony fair-trial federal-rules-of-evidence speedy-trial |
Whether the district court abused its discretion in admitting Tonkel's testimony under FRE 807(b) |
| 22-7091 |
David Lee Hering v. Iowa |
Iowa |
2023-03-24 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-prosecution due-process fourteenth-amendment legal-authority personal-jurisdiction speedy-trial void-judgement |
Whether a criminal prosecution and judgement therefrom is void where the trial court lost personal jurisdiction over the defendant prior to the start … |
| 22-7100 |
Felipe Nevarez v. United States |
Tenth Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure due-process objection-timing speedy-trial speedy-trial-act statute-of-limitations statutory-interpretation tenth-circuit trial-delay waiver |
Does the Speedy Trial Act require the accused to object to lack of speedy trial only after the time has lapsed, or can the accused assert this right p… |
| 22-7103 |
George Lincoln Stanley, IV v. United States |
Fourth Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
28-usc-1291 confrontation-clause criminal-procedure hearsay-testimony ineffective-assistance-of-counsel ineffective-counsel jurisdiction kidnapping kidnapping-charges sixth-amendment sufficiency-of-evidence |
Whether Mr. Stanley's Sixth Amendment right to confront his witness was violated |
| 22-7106 |
Brian Keith Wells, aka B. K. Wells v. United States |
Sixth Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
counsel-denial criminal-procedure criminal-sentencing ineffective-assistance procedural-review role-enhancement sentencing sentencing-guidelines sixth-amendment sixth-circuit substantive-reasonableness ussg-3b1.1 |
Whether Mr. Wells' request for new counsel should have been granted |
| 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 |
Whether Servando-Pineda's § 2255 motion sufficiently alleged constitutional claims violations due to counsel's ineffectiveness |
| 22-7084 |
Christopher Daniel Lutker v. Michigan |
Michigan |
2023-03-23 |
Denied |
IFP |
criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion |
Whether the trial court abused its discretion in denying the defendant's motion to withdraw his guilty plea |
| 22-7070 |
Kenneth Douglas Clark, III v. Pennsylvania |
Pennsylvania |
2023-03-22 |
Denied |
IFP |
6th and 8th Amendment rights by refusing to drop char and allowing a biased jury verdict excluding his self-defense claim constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-bias jury-exclusion prosecutorial-misconduct self-defense sentencing sentencing-guidelines trial-procedure |
Whether the Commonwealth of Pennsylvania violated the Petitioner's 5th and 6th Amendment rights by refusing to drop all charges against him, denying h… |
| 22-7051 |
William Todd Lewallen v. Scott Crow |
Tenth Circuit |
2023-03-21 |
Denied |
IFP |
constitutional-rights criminal-procedure defendant-testimony due-process evidence jury-trial right-to-testify rock-v-arkansas sentencing sentencing-procedure state-evidence-law |
Whether the Oklahoma Court of Criminal Appeals' rule that deems the accused's version of events irrelevant as a matter of law during sentencing procee… |
| 22-7041 |
Deandre Markee King v. United States |
Eleventh Circuit |
2023-03-20 |
Denied |
Response WaivedIFP |
actual-innocence collateral-attack-waiver constitutional-rule criminal-law criminal-procedure habeas-corpus plea-bargaining retroactivity |
Whether actual innocence requires a court to bypass a collateral-attack waiver |
| 22-7025 |
Kevin Ariel Garcia-Archaga v. United States |
Fifth Circuit |
2023-03-17 |
Denied |
IFP |
almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-7026 |
Erin F. Graham, Jr. v. United States |
Seventh Circuit |
2023-03-17 |
Denied |
Response WaivedIFP |
co-defendant confrontation-clause criminal-offense criminal-procedure domestic-incident hearsay hearsay-statements law-enforcement ongoing-criminal-offense |
Whether the introduction of a co-defendant's inculpatory hearsay statements violated the Confrontation Clause |
| 22-7033 |
DeAndre Forrest v. United States |
Sixth Circuit |
2023-03-17 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure criminal-trial due-process habeas-corpus ineffective-assistance-of-counsel sixth-amendment |
Whether Forrest's Sixth Amendment was violated when his counsel conceded his guilt during trial |
| 22-7027 |
Lester Barnett v. North Carolina |
North Carolina |
2023-03-16 |
Denied |
IFP |
10th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fourteenth-amendment pre-trial-detention sentencing state-prisoner |
Was it unconstitutional for them to convict petitioner for a safecracking that happened while petitioner was confined at Mecklenburg County Jail on th… |
| 22-7029 |
Roger Keeling v. United States |
Ninth Circuit |
2023-03-16 |
Denied |
Response WaivedIFP |
appellate-review brecht-v-abrahamson criminal-procedure harmless-error kotteakos-v-united-states ninth-circuit non-constitutional-error standard-of-review weighty-evidence |
Did the Ninth Circuit err in concluding that a non-constitutional error was harmless when it found 'ample,' rather than 'weighty,' evidence of guilt c… |
| 22-7030 |
John Gabriel Trevino v. United States |
Fifth Circuit |
2023-03-16 |
Denied |
Response WaivedIFP |
appellate-review court-compliance criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure harmless-error judicial-discretion presentence-report sentencing statutory-interpretation |
Whether non-compliance with Federal Rule of Criminal Procedure 32(i)(1)(A) may be excused where the defendant fails to show that he or she would have … |
| 22-899 |
Jason Smith v. Arizona |
Arizona |
2023-03-16 |
Judgment Issued |
Amici (10)Response RequestedResponse WaivedRelisted (2) |
6th-amendment confrontation-clause criminal-procedure criminal-trial expert-testimony forensic-analysis sixth-amendment subpoena testimonial-evidence |
Whether the Confrontation Clause permits the prosecution to present testimony by a substitute expert conveying the testimonial statements of a nontest… |
| 22-885 |
South Carolina v. Angela D. Brewer |
South Carolina |
2023-03-15 |
Denied |
|
confrontation-clause crawford-v-washington criminal-procedure expert-testimony forensic-evidence forensic-pathology melendez-diaz-v-massachusetts ohio-v-clark sixth-amendment testimonial-evidence testimonial-statements |
Whether lab results requested not by law enforcement but by a forensic pathologist to assist in making a routine cause of death determination are test… |
| 22-887 |
Rogelio Albino Diaz-Tomas v. North Carolina |
North Carolina |
2023-03-15 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
criminal-procedure defendant-rights due-process indefinite-postponement north-carolina plea-bargaining prosecution-postponement speedy-trial |
Whether the indefinite postponement of prosecutions in North Carolina, for the purpose of coercing guilty pleas, violates the Speedy Trial Clause or t… |
| 22-7014 |
Michael Hucks v. United States |
Fourth Circuit |
2023-03-15 |
Denied |
Response WaivedIFP |
alternate-sentence appellate-review armed-career-criminal-act circuit-split constitutional-notice criminal-procedure fourth-circuit guideline-errors harmless-error sentencing-guidelines sentencing-procedure |
Whether the United States Court of Appeals for the Fourth Circuit's reliance on an announced alternate variant sentence to assume as harmless all Guid… |
| 22-7016 |
Guadalupe Onate-Herrera v. United States |
Fifth Circuit |
2023-03-15 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7022 |
LeAnthony T. Winston v. United States District Court for the Eastern District of Virginia |
Fourth Circuit |
2023-03-15 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-challenge criminal-procedure due-process prosecutorial-discretion sixth-amendment speedy-trial state-prosecution trial-in-absentia |
Whether the Sixth Amendment right to a speedy trial is violated when a state prosecution continues in the accused's absence after the accused has plea… |
| 22-7009 |
Davion Smith v. California |
California |
2023-03-14 |
Denied |
Response WaivedIFP |
adult-sentence criminal-procedure due-process fourteenth-amendment jury-trial juvenile-adjudication juvenile-delinquent sentencing-enhancement sixth-amendment |
Does a state violate the Due Process Clause of the Fourteenth Amendment when it denies the right to a jury trial to a juvenile delinquent on the groun… |
| 22-7010 |
Jeffrey Jay York v. United States |
Seventh Circuit |
2023-03-14 |
Denied |
Response WaivedIFP |
criminal-enticement criminal-law enticement entrapment evidence government-agents interstate-facilities interstate-transmission jury-evidence minor minor-solicitation |
Whether the government presented sufficient evidence to convict York of enticement of a minor |
| 22-6990 |
Scott Ray Bishop v. United States |
Tenth Circuit |
2023-03-13 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-procedure due-process presumption-against-waiver right-to-counsel sixth-amendment waiver |
Whether the Von Moltke advisements remain prerequisites for a knowing and intelligent waiver of the right to counsel and whether this Court continues … |
| 22-6998 |
David Arroyo-Ramon v. United States |
Fifth Circuit |
2023-03-13 |
Denied |
IFP |
criminal-law criminal-procedure due-process judicial-precedent legal-standard precedent-overturning recidivism sentencing stare-decisis statutory-interpretation supreme-court-review |
Whether this Court should overrule its decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998) |
| 22-6999 |
Allen Maki v. Texas |
Texas |
2023-03-13 |
Denied |
Response WaivedRelisted (2)IFP |
appeal criminal-procedure due-process equal-protection evidence-rules judicial-jurisdiction jurisdiction motion-in-limine second-amendment statutory-interpretation texas-criminal-law |
Whether there is a conflict between Tex Criminal Code Art. 44.17 And Tex Gov. Code Sec. 30.00015 (a) |
| 22-7000 |
Nickless Whitson v. United States |
Sixth Circuit |
2023-03-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ex-post-facto fair-trial prosecutorial-misconduct right-to-counsel sixth-amendment |
Does the Sixth Amendment of the United States Constitution still guarantee a criminal defendant the right to effective assistance of counsel, to prote… |
| 22-6981 |
Thomas R. Alt v. United States |
Seventh Circuit |
2023-03-10 |
Denied |
Response WaivedIFP |
circuit-court-conflict criminal-procedure custodial-interrogation due-process equivocal-invocation miranda-rights right-to-counsel seventh-circuit unequivocal-invocation |
Whether a suspect's question as to the availability of appointed counsel, in immediate response to having been advised of his right to counsel prior t… |
| 22-6983 |
Bernardino Berrun-Torres v. United States |
Fifth Circuit |
2023-03-10 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6984 |
Ciaran Paul Redmond v. United States |
Ninth Circuit |
2023-03-10 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation criminal-procedure diligence-requirement due-process exculpatory-evidence legal-diligence procedurally-unrelated-case prosecutorial-disclosure unpublished-case |
Whether a defendant must show that his attorney could not have obtained undisclosed exculpatory evidence through diligence |
| 22-6985 |
Lisa Bergman v. Jeremy Howard, Warden |
Sixth Circuit |
2023-03-10 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-right criminal-defendant criminal-procedure due-process expert-testimony expert-witness prosecution-evidence right-to-counsel scientific-evidence scientific-expert |
Whether the Due Process Clause requires an impoverished criminal defendant to be appointed a scientific expert that is essential to confront scientifi… |
| 22-6986 |
Paulo Bernal-Ceto v. United States |
Fifth Circuit |
2023-03-10 |
Denied |
IFP |
case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6987 |
Dennis J. Brookshire v. Wisconsin |
Wisconsin |
2023-03-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial ineffective-assistance ineffective-assistance-of-counsel out-of-court-identification post-conviction-review |
Was trial counsel ineffective for failing to move to suppress the out-of-court identifications and did such identifications deny the petitioner a fair… |
| 22-6991 |
Samuel Dickerson v. Ken Scarlett, Chief, Springfield Police Department, Illinois, et al. |
Seventh Circuit |
2023-03-10 |
Denied |
IFP |
14th-amendment civil-procedure civil-rights constitutional-violations criminal-procedure due-process equal-protection police-misconduct standing |
Does r+ violate the Federal Constitution under the 14th Amendment Due Process and Equal Protection rights |
| 22-6992 |
Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-03-10 |
Denied |
IFP |
criminal-procedure due-process felony-classification involuntary-plea parole parole-revocation plea-agreement plea-bargaining prison-sentence rehabilitation sentencing street-time |
Whether it is legal to start a prison sentence, then stop it and then restart it by adding more time, is it legal to revoke street time on parole when… |
| 22-6977 |
Sharif Talib v. Maryland |
Maryland |
2023-03-09 |
Denied |
IFP |
4th-amendment 5th-amendment civil-rights due-process evidence sentencing |
Whether the lower court violated Appellant's constitutional rights |
| 22-6966 |
In Re Antwoyn Terrell Spencer |
|
2023-03-08 |
Dismissed |
Response WaivedRelisted (2)IFP |
appellate-decisis constitutional-rights criminal-procedure due-process due-process-clause final-decisions grand-jury grand-jury-clause indictment jurisdiction statute-of-limitations |
Whether the district court erred in refusing to address the merits of the petitioner's motion to dismiss the indictment for lack of jurisdiction |
| 22-6968 |
Thomas Marmolejos v. United States |
Second Circuit |
2023-03-08 |
Denied |
Response WaivedIFP |
crime-of-violence crimes-of-violence criminal-procedure due-process jury-instruction jury-instructions legal-error predicate-offense section-924(c) section-924(j) sentencing |
Can a section 924(c) and 924(j) charge that alleges multiple predicates stand when one or more of the predicates no longer qualifies as a crime of vio… |
| 22-6970 |
Jeffrey Kesten v. United States |
Tenth Circuit |
2023-03-08 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-law criminal-procedure due-process judicial-enforcement mens-rea plea-agreement |
Can a court enforce an appeal waiver from a plea agreement when the defendant was not informed of and did not plea to the proper mens rea element for … |
| 22-6971 |
Joseph Dingler v. Terry Garrett, Sheriff, Rockwall County, Texas, et al. |
Fifth Circuit |
2023-03-08 |
Denied |
IFP |
civil-procedure civil-rights constitutional-challenge criminal-procedure due-process federal-evidence preservation-rights standing statutory-interpretation takings tax |
Whether Congress's taxing power under the Sixteenth Amendment authorizes the Affordable Care Act's individual mandate as a valid exercise of that powe… |
| 22-6972 |
Deandre Earp v. United States |
Fourth Circuit |
2023-03-08 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process eighth-amendment equal-protection fourth-circuit judicial-interpretation mental-illness sentencing |
Whether a criminal defendant who is found guilty but mentally ill can be punished as harshly as a defendant found guilty and sane |
| 22-6974 |
Theodore Smith v. Louisiana |
Louisiana |
2023-03-08 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights collateral-consequences criminal-procedure due-process sex-offender-registration |
Whether a conviction for failing to register as a sex offender violates the 2nd Amendment and Due Process Clause |
| 22-851 |
United States v. Julian Garcon |
Eleventh Circuit |
2023-03-08 |
Dismissed |
Response RequestedRelisted (2) |
criminal-history criminal-history-points criminal-procedure due-process federal-sentencing federal-sentencing-guidelines jurisdiction safety-valve sentencing sentencing-relief statutory-interpretation |
Whether the defendant satisfies the prerequisites for 'safety-valve' sentencing relief under 18 U.S.C. 3553(f)(1) |
| 22-857 |
Paulette H. Foster, et al. v. Michael Wearry |
Fifth Circuit |
2023-03-08 |
Denied |
|
absolute-immunity buckley-v-fitzsimmons civil-rights criminal-procedure due-process functional-approach judicial-phase prosecutorial-immunity section-1983 witness-preparation |
Whether preparing witnesses to bolster existing evidence intended for use at the criminal trial, after probable cause has been determined, is a functi… |
| 22-6952 |
Brian Duane Brookins v. Georgia |
Georgia |
2023-03-07 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process impartial-jury jury-impartiality right-to-counsel sixth-amendment trial-fairness turner-v-louisiana witness-testimony |
Did the Sheriff's dual role as prosecution witness and custodian of the jury strip Brookins of his constitutional right to an impartial jury and relia… |
| 22-6953 |
Curtis Bradley v. United States |
Sixth Circuit |
2023-03-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing substantive-reasonableness |
Was the sentence imposed on Petitioner substantively reasonable? |
| 22-6916 |
Carlos Mejia-Quintanilla v. United States |
Ninth Circuit |
2023-03-06 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver constitutional-challenge constitutional-law criminal-conviction criminal-procedure due-process jurisdiction jurisdictional-claim plea-agreement plea-bargaining summary-enforcement |
whether courts can summarily enforce an appellate waiver to bar motions to vacate unconstitutional convictions |
| 22-6930 |
Robert Earl Hackney v. Michigan |
Michigan |
2023-03-06 |
Denied |
Relisted (2)IFP |
constitutional-violation criminal-procedure cruel-and-unusual-punishment due-process judicial-ethics judicial-misconduct jury-trial standing writ-of-certiorari |
Whether a petitioner can pass through the Court's Writ of Certiorari gateway and argue the merits of an underlying constitutional claim when the petit… |
| 22-6936 |
Edson Gelin v. United States |
Eleventh Circuit |
2023-03-06 |
Denied |
Response WaivedIFP |
circuit-split compassionate-release criminal-procedure first-step-act ineffective-assistance murder-conviction ninth-circuit sentencing-guidelines sentencing-policy state-court statutory-interpretation |
Whether the Eleventh Circuit's holding in Bryant that the policy statement in USSG §1B1.13 applies to all motions under 18 U.S.C. §3582(c)(1)(A) confl… |
| 22-844 |
Hamid Akhavan and Ruben Weigand v. United States |
Second Circuit |
2023-03-06 |
Denied |
|
confrontation-clause criminal-procedure cross-examination exceptional-circumstances remote-testimony sixth-amendment trial-procedure |
Whether the Confrontation Clause of the Sixth Amendment is violated by denying a criminal defendant the right to cross-examine a key prosecution witne… |
| 22-835 |
Bradley Hester v. Matthew Gentry |
Eleventh Circuit |
2023-03-03 |
Denied |
Amici (3) |
bail-practices civil-rights criminal-procedure due-process eleventh-circuit pretrial-liberty public-safety standing |
Whether the Due Process Clause protects a fundamental right to pretrial liberty |
| 22-839 |
Daniel Greer v. Connecticut |
Connecticut |
2023-03-03 |
Denied |
Response Waived |
constitutional-law criminal-procedure due-process evidence jury-instructions propensity propensity-evidence sex-crimes sexual-misconduct |
Is the Due Process Clause violated when a jury is instructed that evidence of uncharged sexual misconduct is admissible to prove propensity, even thou… |
| 22-6920 |
Ogerta Helena Hartwein v. Missouri |
Missouri |
2023-03-03 |
Denied |
IFP |
civil-rights confrontation-clause criminal-procedure custody domestic-violence due-process forfeiture forfeiture-by-wrongdoing intent witness-testimony |
Whether the Court of Appeals erred in affirming the conviction of the defendant for violating a court order when the defendant had not seen and was no… |
| 22-6925 |
Gregory Allen Cook v. United States |
Sixth Circuit |
2023-03-03 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure due-process indictment jury-factfinding sentencing-enhancement sentencing-enhancements sixth-amendment |
Whether the Constitution requires the uncharged, non-elemental fact that a person committed three prior offenses 'on occasions different from one anot… |
| 22-6927 |
Derrick Deshon Collins v. United States |
Fifth Circuit |
2023-03-03 |
Denied |
Response WaivedIFP |
appellate-presumption appellate-review certiorari criminal-procedure fifth-circuit presumption-of-reasonableness sentencing-guidelines substantive-reasonableness within-guidelines-sentence |
How does a court of appeals determine whether a defendant has rebutted the presumption of reasonableness when the defendant is challenging the substan… |
| 22-6929 |
Forrest Thomas III v. Brandon M. Smith, Warden |
Fifth Circuit |
2023-03-03 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process equal-protection habeas-corpus plea-bargaining sentencing sentencing-disparity sex-offender-registration |
Whether the sex offender classification policies as applied to Petitioner, convicted of a non-sexual offense, violate substantive due process |
| 22-6905 |
Francisco Nunez Carrillo v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2023-03-02 |
Denied |
Response WaivedIFP |
appeal constitutional-law criminal-procedure double-jeopardy sentencing statutory-interpretation |
Whether the Double Jeopardy Clause prohibits the district court from entering judgment on only one of the multiple counts of conviction when the jury … |
| 22-6907 |
Jeremy Jermaine Cumbie v. Texas |
Texas |
2023-03-02 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-unusual-punishment due-process evidence evidence-outside-record outside-the-record record sentencing trial-court-discretion |
Was Mr. Cumbie denied due process when the court considered evidence outside the record in assessing the sentence? |
| 22-6908 |
Eduardo Guadalupe Melendrez-Soberanes v. United States |
Fifth Circuit |
2023-03-02 |
Denied |
Response WaivedIFP |
burden-of-proof case-agent-testimony criminal-procedure drug-quantity drug-trafficking due-process evidence fifth-circuit photographic-evidence sentencing sentencing-guidelines |
Whether the Fifth Circuit erred in affirming a district court's reliance on a case agent's approximation of the weight of unseized cocaine based prima… |
| 22-6912 |
Michael Wright v. J. Pickett, Warden |
Ninth Circuit |
2023-03-02 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-challenge criminal-procedure due-process evidence-sufficiency federal-court habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence |
Can the Federal court deny a Certificate of Appealability on the issue of ineffective assistance of counsel for his failure to raise a constitutional … |
| 22-6913 |
In Re Robert B. Read, Jr. |
|
2023-03-02 |
Denied |
IFP |
constitutional-law criminal-procedure ex-post-facto habeas-corpus rules-of-evidence sixth-amendment speedy-trial subject-matter-jurisdiction |
Did the trial court have implied subject-matter jurisdiction to try the petitioner for the indicted felony offense? |
| 22-6893 |
James Alvin Chaney, aka Ace Chaney v. United States |
Sixth Circuit |
2023-03-01 |
Denied |
Response WaivedIFP |
burden-of-proof court-officers criminal-procedure due-process evidentiary-hearing ex-parte-discussions juror-misconduct jury-instructions united-states-v-ruan unrecorded-ex-parte-discussions |
In light of United States v. Ruan, were the jury instructions in Chaney incorrect and should Dr. Chaney's conviction be vacated? |
| 22-6895 |
Heather Leavell-Keaton v. Alabama |
Alabama |
2023-03-01 |
Denied |
Amici (1)Relisted (4)IFP |
capital-punishment capital-sentencing constitutional-rights death-penalty due-process evidence prison-behavior sentencing skipper-precedent skipper-v-south-carolina |
When a capital defendant's death sentence is vacated and the case is remanded for a new sentencing at which the death penalty is an available sentence… |
| 22-6897 |
Ruben Hernandez-Correa v. United States |
Fifth Circuit |
2023-03-01 |
Denied |
IFP |
alleyne almendarez-torres appellate-procedure apprendi certiorari constitutional-law criminal-procedure due-process judicial-interpretation precedent sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-6901 |
Brandon L. Johnson v. Illinois |
Illinois |
2023-03-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment illinois-constitution ineffective-assistance ineffective-assistance-of-counsel jury-instructions knowingly-standard seventh-amendment |
Whether the State violated the Due Process clause |
| 22-827 |
Carlos Herrera, Daniel Sanchez, and Anthony Ray Baca v. United States |
Tenth Circuit |
2023-03-01 |
Denied |
|
commerce-clause constitutional-challenge criminal-procedure federal-rules-of-criminal-procedure jurisdiction jurisdictional-challenge post-trial-motion rule-12 waiver |
Whether a facial constitutional challenge to a criminal statute under the Commerce Clause can be brought by post-trial motion under Federal Rule of Cr… |
| 22-812 |
Isaac D. Koch v. Nebraska |
Nebraska |
2023-02-28 |
Denied |
|
civil-rights constitutional-rights criminal-procedure due-process free-speech plea-bargaining plea-withdrawal protection-order standing statutory-interpretation |
What is the government's interpretation of an order against all contact and communication and presence? |
| 22-6877 |
Ramone Wright v. United States |
Sixth Circuit |
2023-02-28 |
Denied |
Response WaivedIFP |
civil-procedure clerk-authority criminal-procedure due-process grand-jury indictment-correction judicial-integrity judicial-process judicial-records prosecutorial-error public-confidence record-amendment |
Does the clerk of court have the authority to correct the record that was filed under oath and returned by the jurors concerning the indictment? |
| 22-6878 |
Roger Keith Lunsford v. United States |
Fourth Circuit |
2023-02-28 |
Denied |
Response WaivedIFP |
collateral-attack constitutional-rights criminal-procedure district-court double-jeopardy due-process federal-prosecution habeas-corpus hearing-requirement legal-relief |
Could the theft of a defendant's substantive and procedural right to due process be so egregious that it would bar a future federal prosecution? |
| 22-6880 |
Roosevelt Washington v. Mississippi |
Mississippi |
2023-02-28 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection habeas-corpus judicial-review justice-standard legal-interpretation sentencing |
Whether Washington's sentence is illegally imposed as a matter of law and/or in the interest of justice |
| 22-6882 |
David Byron Russ v. Florida |
Florida |
2023-02-28 |
Denied |
IFP |
capital-defendant capital-punishment criminal-procedure death-penalty due-process federal-courts habeas-corpus mental-competency review-claim state-court state-courts substantive-incompetency |
Whether a state court may refuse to review a capital defendant's claim of substantive incompetency? |
| 22-6884 |
Pradheep Chhalliyil v. Foodchain ID Group, Inc., et al. |
Eighth Circuit |
2023-02-28 |
Denied |
IFP |
civil-rights civil-rights-act discrimination employment employment-discrimination evidence evidence-gathering national-origin-discrimination prima-facie-case termination title-vii |
Does Title VII of the Civil Rights Act of 1964 prohibit discrimination as to all terms, conditions, or privileges of employment, including denial to g… |
| 22-6871 |
Ahmed Khalil v. New York |
New York |
2023-02-27 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process prosecutorial-misconduct sentencing speedy-trial |
Whether the prosecutor's acknowledgment that the petitioner was merely charged with felony and misdemeanor charges, but not convicted, should have pre… |
| 22-6873 |
Jesus Ivan Dominguez v. United States |
Fifth Circuit |
2023-02-27 |
Denied |
IFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6857 |
Cynthia J. Rowe v. Penny J. Roberts, et al. |
Third Circuit |
2023-02-24 |
Denied |
IFP |
administrative-law civil-rights crime-scene criminal-procedure defendant-presence documentary-evidence due-process equal-protection evidentiary-standard jurisdiction standing supreme-court-review |
Whether the lower court erred in its ruling |
| 22-6858 |
In Re Zumar H. Dubose |
|
2023-02-24 |
Denied |
IFP |
constitutional-law criminal-procedure due-process grand-jury indictment jury-selection personal-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights |
Whether the U.S. District Court has personal or subject-matter jurisdiction over an indictment that was not filed in open court or voted on by 10 or m… |
| 22-6861 |
Jairo Francisco Solano v. Texas |
Texas |
2023-02-24 |
Denied |
IFP |
6th-amendment appellate-review confrontation-clause criminal-procedure defendant-objection due-process evidence evidence-admission hearsay judicial-procedure trial-court-error |
Did the trial court err by admitting hearsay testimony over the objection of Mr. Solano? |
| 22-6862 |
Benjamin Young v. Alabama |
Alabama |
2023-02-24 |
Denied |
IFP |
capital-trial character-evidence criminal-procedure culpability-phase dawson-v-delaware first-amendment fourteenth-amendment gang-membership sentencing-phase |
Whether the First and Fourteenth Amendment prohibit the introduction of gang membership evidence in the culpability phase of a capital trial |
| 22-6866 |
Antonio Rosello v. United States |
Eleventh Circuit |
2023-02-24 |
Denied |
Response WaivedIFP |
circuit-split constitutional-vagueness criminal-procedure due-process habeas-corpus procedural-default residual-clause statutory-interpretation vagueness |
Whether Johnson v. United States, 576 U.S. 591 (2015), establishes 'cause' to excuse procedurally defaulted 28 U.S.C. § 2255 claims that are predicate… |
| 22-6844 |
Eladio Loya-Palma v. United States |
Fifth Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 22-6845 |
Jesus Lopez v. United States |
Seventh Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment judicial-interpretation legal-procedure plea-bargaining rule-11 seventh-circuit |
Whether the Seventh Circuit's stringent application of Rule 11(d)(2)(B) violates due process? |
| 22-6846 |
Christopher L. Corn v. United States |
Eighth Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure invited-error judicial-discretion plain-error sentencing statutory-interpretation statutory-maximum |
Can an appellate court use the invited error doctrine to preclude review of a plainly erroneous sentence that exceeds the statutory maximum sentence a… |
| 22-6849 |
Salvatore Pelullo v. United States |
Third Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
2nd-amendment bruen-decision civil-rights constitutional-rights criminal-procedure due-process federal-power felon-dispossession second-amendment speedy-trial standing |
Whether Congress has the power to dispossess citizens of their Second Amendment right to keep and bear arms based on a citizen's non-violent felony co… |
| 22-6855 |
Alvin Lee Johnson v. Mississippi |
Mississippi |
2023-02-23 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure due-process indictment-defect ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct prosecutorial-misconduct sufficiency-of-evidence |
Whether Johnson's conviction and sentence derived from a defective indictment |
| 22-798 |
William Michael Crothers v. Wyoming |
Wyoming |
2023-02-23 |
Denied |
Response Waived |
brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence impeachment-material prosecutorial-misconduct witness-credibility witness-testimony |
Whether the prosecutor's failure to disclose a promise of non-prosecution to eyewitness testimony violates the Brady rule |
| 22-797 |
Marquay Quamaine Sheppard v. United States |
Fourth Circuit |
2023-02-22 |
Denied |
Response Waived |
appeal circuit-court-precedent criminal-appeal criminal-procedure district-court due-process fourth-circuit precedent sentencing supreme-court supreme-court-decisions |
Did the Fourth Circuit err by dismissing the Petitioner's appeal and affirming the 188 month sentence imposed by the trial court, inasmuch as this dec… |
| 22-6828 |
Luis Espinoza v. Tammy Foss, Warden |
Ninth Circuit |
2023-02-22 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment confrontation-clause criminal-procedure due-process fourteenth-amendment jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony |
Were Mr. Espinoza's Sixth and Fourteenth Amendment rights violated? |
| 22-6832 |
James L. Mahaffey v. Oklahoma |
Oklahoma |
2023-02-22 |
Denied |
IFP |
cell-phones criminal-procedure digital-evidence fourth-amendment privacy search-and-seizure |
Whether the government's warrantless search of a person's cell phone violates the Fourth Amendment's protection against unreasonable searches and seiz… |
| 22-6833 |
James Floyd v. Texas |
Texas |
2023-02-22 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy due-process evidentiary-hearing goading mistrial trial-rights |
Does a goading-style Double Jeopardy violation bar further retrial even where the trial court had granted a mistrial on an independent ground? |
| 22-6835 |
Deon'te Reed v. United States |
Ninth Circuit |
2023-02-22 |
Denied |
Response WaivedIFP |
924c-conviction brecht-standard conspiracy-liability criminal-procedure drug-trafficking due-process harmless-error jury-instruction jury-instructions robbery-conspiracy stromberg-error |
Whether the Ninth Circuit erred in disregarding the prejudice resulting from Stromberg error and instead applying a per se harmless error test based o… |
| 22-6838 |
Demetri D. Beachem, aka Demetrius D. Beachem v. United States |
Seventh Circuit |
2023-02-22 |
Denied |
Response WaivedRelisted (9)IFP |
appeal-waiver criminal-procedure criminal-sentencing due-process ineffective-assistance-of-counsel involuntary-plea miscarriage-of-justice plea-agreement plea-bargaining sentencing-guidelines |
Whether a court can consider dismissed or uncharged conduct in sentencing |
| 22-6843 |
Edgar Barrera v. United States |
Ninth Circuit |
2023-02-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-jurisdiction mandatory-minimum mens-rea non-elemental-facts plea-bargaining preponderance-standard sentencing sentencing-enhancement statutory-interpretation |
Whether the Constitution permits a sentencing judge to find non-elemental facts by a preponderance of the evidence and then rely on those facts to imp… |
| 22-6816 |
Montray Lorenzo Cato v. United States |
Fifth Circuit |
2023-02-21 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-6822 |
Timothy Alan Dunlap v. Idaho |
Idaho |
2023-02-21 |
Denied |
IFP |
brady-disclosure brady-v-maryland criminal-procedure discovery due-process evidence exculpatory-evidence materiality-standard prosecutorial-misconduct |
Whether a defendant's ability to independently obtain exculpatory evidence is relevant to a Brady v. Maryland, 373 U.S. 83 (1963) claim? |
| 22-6823 |
Abraham Conde-Herrera v. United States |
Fifth Circuit |
2023-02-21 |
Denied |
IFP |
case-review constitutional-law criminal-procedure fifth-circuit judicial-precedent recidivism sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6824 |
Daniel Dietz v. United States |
Ninth Circuit |
2023-02-21 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process gall-v-united-states johnson-v-united-states ninth-circuit revocation sentencing supervised-release |
Whether imposition of a lifetime term of supervised release upon revocation of supervised release when the previously imposed term was 10 years is con… |
| 22-6826 |
Marcos Juan Martin-Andres v. United States |
Fifth Circuit |
2023-02-21 |
Denied |
IFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-review recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-785 |
Theryn Jones v. United States |
Second Circuit |
2023-02-21 |
Denied |
Amici (1)Relisted (2) |
circuit-split criminal-procedure due-process fifth-amendment immunity self-incrimination sixth-amendment witness witness-immunity |
when-the-due-process-clause-requires-vacatur-of-a-criminal-conviction-based-on-the-government's-refusal-to-seek-immunity-for-a-defense-witness |
| 22-6810 |
Jason Jarvis v. United States |
Sixth Circuit |
2023-02-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-prosecution defendant-rights due-process evidence evidentiary-rules fourth-amendment legal-standing prosecutorial-misconduct search-and-seizure suppressed-evidence |
Whether suppressed evidence or evidence not belonging to the defendant can be used against the defendant to prosecute him? |
| 22-6812 |
Ernest Luther Taylor v. United States |
Ninth Circuit |
2023-02-17 |
Denied |
Response WaivedIFP |
appeal court-appointed-counsel criminal-procedure indigent-defendant mental-health mental-illness restitution social-security social-security-disability |
Did the District Court err in ordering restitution interest for a defendant with mental illness and lack of income? |
| 22-6813 |
Joshua Glowacki v. United States |
Sixth Circuit |
2023-02-17 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process jury-determination jury-trial probable-cause restitution restitution-order search-warrant sentencing victim-rights |
Does the defendant in a criminal case have the right to have a jury determine facts to support a restitution order? |
| 22-6815 |
David E. Merry v. United States |
Eleventh Circuit |
2023-02-17 |
Denied |
Relisted (7)IFP |
acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing (enhancing) a criminal defendant's sentence on conduct for which a jury ha… |
| 22-6803 |
Mario C. Thomas v. United States |
Eighth Circuit |
2023-02-16 |
Denied |
Relisted (2)IFP |
criminal-history criminal-history-points criminal-procedure federal-sentencing mandatory-minimum safety-valve sentencing sentencing-guidelines statutory-interpretation |
Whether the 'and' in 18 U.S.C. §3553(f)(1) means 'and' or 'or' |
| 22-6807 |
Antonio McGhee v. Maryland |
Maryland |
2023-02-16 |
Denied |
IFP |
appellate-standard civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance juvenile-justice post-conviction prejudicial-error retroactivity sentencing |
Whether the post-conviction court erred in concluding that the petitioners were not entitled to relief under the Court's opinion in Miller v. Alabama |
| 22-6808 |
Erich Deolax Riker v. United States |
Tenth Circuit |
2023-02-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fact-finding federal-sentencing jury-finding jury-trial sentencing sentencing-guidelines substantive-reasonableness |
Whether a factual finding that is necessary to render a federal sentence substantively reasonable must be found by a jury beyond a reasonable doubt |
| 22-6809 |
Mohamed Ibrahim Ahmed v. United States |
Fifth Circuit |
2023-02-16 |
Denied |
Response WaivedIFP |
404(b)-standard appeal appellate-review criminal-procedure due-process evidence evidence-rule evidentiary-issues evidentiary-test judicial-interpretation legal-uniformity rule-404(b) |
Is an updated, clear, and uniform test needed for the most common evidentiary issue presented on appeal, Rule 404(b) related issues? |
| 22-6789 |
Juan Francisco Turcios v. Texas |
Texas |
2023-02-15 |
Denied |
IFP |
compensation criminal-procedure due-process illegal-confinement judicial-discretion judicial-misconduct plea-agreement plea-bargain sentencing sentencing-error |
Whether the 20-year sentence imposed was legal after the plea bargain agreement for no more than 10 years was approved |
| 22-6793 |
Robert Loya, Jr. v. United States |
Fifth Circuit |
2023-02-15 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-possession drug-trafficking evidence felon-in-possession gang-affiliation intent-to-distribute sentencing sufficiency-of-evidence |
Is there insufficient evidence to warrant a finding of guilty for Count 1: possessing with intent to distribute methamphetamine over 50 grams and Coun… |
| 22-6794 |
Anthony Suggs v. Tim McConahay, Warden |
Sixth Circuit |
2023-02-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus legal-jurisdiction sentencing sixth-amendment standing |
Why is Mr. Biggs being denied relief even though the convictions for kidnapping do not have the essential elements to support it? |
| 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 |
Whether counsel was ineffective for failing to file a notice of appeal when requested |
| 22-6778 |
Mi-in-gun Justin Charette, aka Justin Marshall Critt v. Minnesota |
Minnesota |
2023-02-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure custodial-interrogation custodial-questioning fifth-amendment miranda-rights miranda-v-arizona right-to-counsel self-incrimination suspect-rights |
Whether the prophylactic rules announced in Miranda v. Arizona allow a suspect to request that counsel be present for questioning when the suspect is … |
| 22-6782 |
Richard Leon Wilbern v. United States |
Second Circuit |
2023-02-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
5th-amendment appellate-standard constitutional-review criminal-procedure due-process fifth-amendment standard-of-review witness-identification wrongful-convictions |
Whether courts of appeals should review de novo a district court's determination that an identification is constitutionally reliable |
| 22-763 |
Ganiyu Ayinla Jaiyeola v. Toyota Motor Corporation, et al. |
Sixth Circuit |
2023-02-14 |
Denied |
Response Waived |
civil-procedure clear-and-convincing-evidence cross-examination due-process evidence fraud-on-the-court judicial-procedure rule-of-law sanctions |
Whether the Sixth Circuit panel's decision to affirm the District Court decision that was based on the application of the wrong legal test constituted… |
| 22-6764 |
Michael Ray Davis v. United States |
Eighth Circuit |
2023-02-13 |
Denied |
Response WaivedIFP |
case-law constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-review lafler-v-cooper overruling padilla-v-kentucky statutory-interpretation supreme-court-precedent |
Whether United States v. Granados, 168 F.3d 343 (8th Cir. 1999), Has Been Overruled by Padilla v. Kentucky, 559 U.S. 356 (2010), and Lafler v. Cooper,… |
| 22-6766 |
Michael A. Weis v. Illinois |
Illinois |
2023-02-13 |
Denied |
IFP |
cell-phone cell-phone-privacy civil-rights criminal-procedure due-process fourth-amendment search-and-seizure warrantless-search |
Did the Illinois courts violate Petitioner's fourth Amendment right to be free from illegal search and seizure when the police seized his cell phone f… |
| 22-6747 |
Jimmy Wayne Guinard v. Kris Mayes, Attorney General of Arizona, et al. |
Ninth Circuit |
2023-02-10 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fair-trial jury-instructions prosecutorial-misconduct sentencing vouching |
Did the Trial Judge's labeling petitioner as a sex offender to the jury when he had never been charged with such offenses and was charged with drug of… |
| 22-6748 |
John Paul Holland v. Kansas |
Kansas |
2023-02-10 |
Denied |
IFP |
civil-rights conviction due-process evidence federal-constitution liberty |
Whether the Supreme Court of the State of Mars erroneously denied the petitioner's previously filed petition for a writ of habeas corpus |
| 22-6749 |
Robert L. Harrington v. James Corrigan, Warden |
Michigan |
2023-02-10 |
Denied |
IFP |
arbitrary-prosecution civil-rights constitutional-rights criminal-procedure due-process jurisdiction prosecution standing trial-judgment |
Whether the district court lacked subject matter jurisdiction to bindover any charge against the petitioner, depriving the petitioner of due process r… |
| 22-6750 |
Pascual Agustin-Basilio v. United States |
Fifth Circuit |
2023-02-10 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment stare-decisis supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6754 |
In Re Walter Drummond |
|
2023-02-10 |
Denied |
IFP |
civil-procedure civil-rights constitutional-law criminal-procedure due-process standing |
Why 39 Constitubional Proce durk ber +o an overall arrest being ignored |
| 22-6755 |
Lecedric Prentice Harris v. Florida |
Florida |
2023-02-10 |
Denied |
Response WaivedIFP |
case-specific-justification constitutional-law constitutional-requirement courtroom-closure criminal-procedure judicial-discretion public-trial-clause split-of-authority statutory-interpretation |
Whether the state court correctly held that trial courts do not violate the Public Trial Clause by closing a criminal courtroom pursuant to a statute … |
| 22-6761 |
Joshua David Lambert v. Washington |
Washington |
2023-02-10 |
Denied |
IFP |
civil-procedure copyright-law criminal-procedure damages due-process jurisdiction legal-notice right-to-counsel sentencing statutory-interpretation waiver-of-counsel |
Can a defendant waive counsel to some charges but not all charges, and is the waiver still valid if the defendant is not apprised of the potential pun… |
| 22-754 |
In Re Christy Poon-Atkins |
|
2023-02-10 |
Denied |
|
civil-procedure clerical-errors court-procedure document-alteration due-process evidence false-documents judicial-review legal-relief mandamus mishandled-evidence writ-of-mandamus |
Should evidence of clerical errors, the Defendants' submission of false and altered documents, and mishandled evidence result in the issuance of a Wri… |
| 22-750 |
Nathan D. Crisp v. Georgia, et al. |
Eleventh Circuit |
2023-02-09 |
Denied |
Response Waived |
criminal-procedure due-process first-offender forgery jury-trial perjury void-judgment |
Can the State of Georgia use a perjury and forgery guilty plea and perjury First Offender to bypass Petitioner Sgt. Crisp's jury trial and due process… |
| 22-6736 |
Justin D. Martin v. United States |
Sixth Circuit |
2023-02-09 |
Denied |
Relisted (8)IFP |
acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 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 |
Whether a criminal defense lawyer renders ineffective assistance of counsel under Strickland v. Washington when she intentionally presents falsified e… |
| 22-6729 |
Darlene Bennett v. Gina M. Raimondo, Secretary of Commerce |
Fourth Circuit |
2023-02-08 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process evidence judicial-process standing |
Whether the lower courts erred in dismissing the case without allowing the plaintiff to present evidence, in violation of the plaintiff's constitution… |
| 22-6730 |
Pabeel Narvaez-Gomez v. United States |
Fifth Circuit |
2023-02-08 |
Denied |
IFP |
constitutional-law criminal-law criminal-procedure due-process judicial-review precedent precedent-analysis sentencing statutory-interpretation supreme-court supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-6732 |
David Alvarado-Rios v. United States |
Fifth Circuit |
2023-02-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-sentencing judicial-discretion presumption-of-reasonableness rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
How does a defendant who challenges the substantive reasonableness of a within-Guidelines sentence rebut an appellate presumption of reasonableness? |
| 22-6733 |
In Re John B. Myles |
|
2023-02-08 |
Denied |
IFP |
abuse-of-discretion appellate-review arrest-warrant due-process evidence evidence-exclusion ineffective-assistance-of-counsel judicial-discretion prosecutorial-misconduct sixth-amendment |
Whether the defendant was denied effective assistance of counsel |
| 22-6706 |
Darin M. Ogden v. Idaho |
Idaho |
2023-02-07 |
Denied |
Response WaivedIFP |
acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fourteenth-amendment jury-acquittal lewd-conduct sentencing united-states-v-watts |
Whether the due process clause of the Fourteenth Amendment prohibits a state court from basing a criminal defendant's sentence on conduct for which a … |
| 22-6716 |
Conrado Olivo-Duron v. United States |
Fifth Circuit |
2023-02-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6721 |
Jeffery T. Crystal v. Florida |
Florida |
2023-02-07 |
Denied |
IFP |
constitutional-rights criminal-charges criminal-procedure double-jeopardy due-process ex-post-facto jury-determination jury-trial sixth-amendment supremacy-clause trial-procedure verdict-form |
Did the verdict form agreed upon by the jury failure to specify 'GUILTY' as to Count 1 violate 6th Amendment right to a jury determination of Guilt? |
| 22-6724 |
In Re Christopher Cobb |
|
2023-02-07 |
Denied |
IFP |
collateral-review criminal-law criminal-procedure due-process habeas-corpus precedent retroactivity supreme-court-precedent |
Whether Hemphill v New York, 595 US » 142 §.Ct. 681, 211 L Ed. 2d 534 (2022) should be declared retroactive to cases on collateral review |
| 22-6702 |
Jason Boyet v. United States |
Fifth Circuit |
2023-02-06 |
Denied |
Response WaivedIFP |
appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors waiver-enforceability |
Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-6704 |
Angel Vazquez-Figueroa v. United States |
First Circuit |
2023-02-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure individualized-assessment judicial-discretion plain-error plain-error-review plea-agreement section-3553a-factors sentencing sentencing-discretion |
Whether the district court erred in imposing a sentence that was 1.5 years longer than the highest sentence recommended by the parties under the plea … |
| 22-6699 |
Marquita Leigh Meredith v. United States |
Fourth Circuit |
2023-02-03 |
Denied |
Response WaivedIFP |
compassionate-release criminal-procedure district-court federal-sentencing policy-statement sentencing statutory-interpretation |
Whether a 2007 policy statement binds a district court in deciding a defendant's motion for compassionate release |
| 22-727 |
Izzac Christopher Weister v. West Virginia |
West Virginia |
2023-02-03 |
Denied |
Response Waived |
competency-law constitutional-vagueness criminal-procedure due-process mental-competency psychiatric-custody statutory-interpretation vagueness violence violence-definition west-virginia |
Whether the West Virginia Supreme Court's definition of violence has rendered the West Virginia competency law impermissibly vague in violation of due… |
| 22-721 |
Damian McElrath v. Georgia |
Georgia |
2023-02-02 |
Judgment Issued |
Amici (5)Relisted (7) |
acquittal criminal-procedure criminal-prosecution double-jeopardy fifth-amendment jury-verdict prosecution repugnant-verdict repugnant-verdicts |
Does the Double Jeopardy Clause prohibit a second prosecution for a crime of which a defendant was previously acquitted? |
| 22-6669 |
Kenneth H. Newkirk v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2023-02-01 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process free-speech habeas-corpus judicial-review pro-se-petition procedural-deficiency standing takings va-code-19.2-271 |
Whether the petitioner's constitutional rights were violated because the VDOC policy prohibits incarcerated individuals, other than law enforcement or… |
| 22-6671 |
Rodney P. Mazzulla v. United States |
Eighth Circuit |
2023-02-01 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure criminal-procedure due-process franks-hearing Franks-v-Delaware ineffective-assistance reasonable-performance search-warrant Strickland-v-Washington |
Ineffective-assistance-of-counsel |
| 22-6681 |
Shane Swindall Chambers v. Fredeane Artis, Acting Warden |
Sixth Circuit |
2023-02-01 |
Denied |
Response WaivedIFP |
actus-reus constitutional-rights criminal-procedure due-process evidence jury-instructions mens-rea modus-operandi other-acts-evidence trial-court |
Whether petitioner was deprived of due process |
| 22-6684 |
In Re Fox Joseph Salerno |
|
2023-02-01 |
Dismissed |
IFP |
certificate-of-appealability civil-procedure constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance jurisdiction post-conviction-relief standing |
Did the Aritena Distetet. Covuct have jurisdic hen HN Qq Habeas Ceoepys Cavse tr whieh the Pe te fener asa S . s 2 sj the housed in the Coleradg Dept … |
| 22-6665 |
Orlando Cortez-Nieto and Jesus Cervantes-Aguilar v. United States |
Tenth Circuit |
2023-01-31 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process judicial-discretion jury-instructions lesser-included-offenses post-trial-convictions sua-sponte |
Whether a court may sua sponte enter post-trial convictions on lesser-included offenses that the jury had no authority to return |
| 22-6666 |
Leonel Ruiz-Lopez v. United States |
Sixth Circuit |
2023-01-31 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure federal-statute hughey-v-united-states legal-definition restitution sentencing-guidelines statutory-interpretation title-18 victim-and-witness-protection-act victim-restitution |
What does an 'offense' mean for purposes of restitution awards under the VWPA? |
| 22-6668 |
Aaron Lyons v. Brian Ladner, Warden |
Fifth Circuit |
2023-01-31 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights criminal-procedure dna-evidence due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence prosecutorial-misconduct standing |
Question not identified |
| 22-710 |
James D. Pieron, Jr. v. United States |
Sixth Circuit |
2023-01-31 |
Denied |
|
chapman-v-california circuit-split constitutional-error criminal-procedure due-process harmless-error jury-instructions sixth-circuit statute-of-limitations |
whether-the-sixth-circuit's-ruling-merits-summary-reversal |
| 22-6655 |
Theodore Washington v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2023-01-30 |
Denied |
Amici (1)IFP |
criminal-procedure deference due-process fact-finding federal-court federal-habeas habeas habeas-corpus judicial-deference procedural-review state-court state-court-findings |
Must a federal habeas court defer to a state-court finding of fact that favors the defendant? |
| 22-6656 |
Randy Lee Stapleton v. United States |
Ninth Circuit |
2023-01-30 |
Denied |
Response WaivedIFP |
appellate-waiver circuit-split constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice motion-to-withdraw |
Whether an appellate court should review on the merits the denial of a motion to withdraw a guilty plea notwithstanding a purported waiver of appeal |
| 22-6658 |
Wade Bonk v. United States |
Seventh Circuit |
2023-01-30 |
Denied |
Response WaivedIFP |
appeal circuit-court-ruling conviction criminal-procedure due-process judicial-discretion leadership-role retroactive-application retroactivity sentencing sentencing-enhancement |
Did the District Court err by refusing to apply the Seventh Circuit's ruling in U.S. v. Carnell retroactively since Petitioner's conviction was not fi… |
| 22-706 |
Timothy Howard Spriggs v. United States |
Eleventh Circuit |
2023-01-30 |
Denied |
Response Waived |
constitutional-rights criminal-procedure fourth-amendment ineffective-assistance private-property residence rv search sentencing-guidelines utilities warrantless-search |
Whether the Fourth Amendment permits the warrantless search of an immobile RV |
| 22-6636 |
Mostafa Kamel Mostafa v. United States |
Second Circuit |
2023-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure defense-counsel federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-trial-motion rule-33 |
Whether a claim of ineffective assistance of counsel may be raised under Rule 33(b)(1) of the Federal Rules of Criminal Procedure? |
| 22-6644 |
Sayantan Ghose v. Texas |
Texas |
2023-01-27 |
Denied |
Relisted (2)IFP |
citizens-arrest civil-rights criminal-procedure due-process standing void-for-vagueness |
Whether the U.S. Supreme Court should review and recommend a more sensible and just 'Citizens Arrest Protocol' to stop the repeat tragedies of Ahmaud … |
| 22-6651 |
Michael Vanous v. United States |
Fifth Circuit |
2023-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure guidelines ineffective-assistance judicial-discretion jury pretrial-proceedings sentencing sentencing-guidelines sixth-amendment |
Was defense counsel ineffective in the pretrial proceedings? |
| 22-702 |
Joseph D. Rued v. Catrina M. Rued |
Minnesota |
2023-01-27 |
Denied |
|
child-abuse child-custody due-process evidence family-law judicial-discretion sexual-abuse standard-of-review therapist-testimony |
Whether the District Court's affirmative conclusion that sexual abuse did not occur denied due process to the father and child |
| 22-6627 |
Kenneth Mobley v. United States |
Sixth Circuit |
2023-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-jurisdiction due-process jurisdiction loss-calculation restitution restitution-order sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Was Mr. Mobley's sentence procedurally and substantively unreasonable |
| 22-6628 |
Johnell Lewis Britton, Sr. v. United States |
Fifth Circuit |
2023-01-26 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure fact-specific-reasons federal-sentencing judicial-discretion non-guidelines-sentences procedural-error reasonableness-standard sentencing sentencing-guidelines |
Whether district courts are required to articulate fact-specific reasons for imposing non-guidelines sentences? |
| 22-6637 |
Roberto Francisco-Francisco v. United States |
Fifth Circuit |
2023-01-26 |
Denied |
Response WaivedIFP |
appellate-procedure case-review constitutional-law criminal-procedure criminal-sentencing due-process fifth-circuit judicial-precedent statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6642 |
Leihinahina Sullivan v. Federal Bureau of Prisons, et al. |
Ninth Circuit |
2023-01-26 |
Dismissed |
Response WaivedIFP |
criminal-procedure due-process fair-trial jury-selection public-trial sixth-amendment |
Whether the Sixth Amendment right to a public trial applies to jury selection proceedings |
| 22-700 |
Mark Howerton v. Texas |
Texas |
2023-01-26 |
Denied |
|
criminal-procedure double-jeopardy due-process fifth-amendment intent judicial-discretion mistrial oregon-v-kennedy prosecutorial-misconduct |
Should the Court's holding in Oregon v. Kennedy be extended to prohibit a wider range of prosecutorial intent? |
| 22-6624 |
Daniel Ray Loyd v. Neil McDowell, Warden |
Ninth Circuit |
2023-01-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony-murder felony-murder-rule ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-counsel state-law-error |
Whether trial counsel was ineffective by conceding Mr. Loyd's guilt of all charges, including robbery in a felony murder case |
| 22-6612 |
Teri Bernard Johnson v. Randee Rewerts, Warden |
Sixth Circuit |
2023-01-24 |
Denied |
Response WaivedIFP |
capital-murder civil-rights courtroom-access criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance mitigating-evidence public-trial right-to-counsel sentencing-phase |
Whether the trial court violated the defendant's right to a public trial by removing spectators from the courtroom? |
| 22-6613 |
Robert Nathaniel Brown v. Florida |
Florida |
2023-01-24 |
Denied |
IFP |
criminal-procedure due-process federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment standard-of-review state-court-decisions Strickland-v-Washington |
Whether the state appellate court misapplied Harrington v. Richter |
| 22-6614 |
Omar Kashaka Taylor v. United States |
Eighth Circuit |
2023-01-24 |
Denied |
Response WaivedIFP |
ambiguous-term criminal-procedure criminal-statute due-process jury-instruction legal-principles statutory-interpretation Whether a jury instruction effectively directing a |
Whether an overly broad interpretation of an ambiguous term in a criminal statute carrying severe penalties complies with established principles of st… |
| 22-6615 |
Robert Jim v. United States |
Ninth Circuit |
2023-01-24 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-admissibility evidence-presentation fair-trial improper-evidence reasonable-doubt sentencing trial-fairness |
Whether the court violated Jim's constitutional rights to due process and a fair trial by allowing improper evidence and preventing him from presentin… |
| 22-6617 |
Winsloe Duhaney v. United States |
District of Columbia |
2023-01-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy implied-acquittal statutory-interpretation sufficiency-of-evidence |
Does an appellate court violate Double Jeopardy when it remands a case for the trial court to enter alternative findings of fact and conclusions of la… |
| 22-6619 |
Reginald L. Dunahue v. Dexter Payne, Director, Arkansas Division of Correction, et al. |
Eighth Circuit |
2023-01-24 |
Denied |
Response WaivedIFP |
appeals civil-rights criminal-procedure due-process habeas-corpus sentencing |
Whether the Sixth Circuit erred in affirming the district court's denial of Donshue's motion for a new trial |
| 22-6621 |
Jason Sewell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-01-24 |
Denied |
IFP |
certificate-of-appealability criminal-procedure denial-of-petition due-process habeas-corpus non-frivolous-claims petition-denial texas-law |
Was Petitioner entitled to a certificate of appealability on four claims following the denial of his petition, where each issue presented non-frivolou… |
| 22-6592 |
James Stacey Harber v. United States |
Fifth Circuit |
2023-01-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance plea-bargaining section-2255 sentencing |
Was Mr. Harber denied the effective-assistance-of-counsel,due-process,criminal-procedure,habeas-corpus,certificate-of-appealability,sentencing |
| 22-6595 |
Solita Harrington v. MedStar Washington Hospital Center, et al. |
District of Columbia |
2023-01-23 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights constitutional-review criminal-procedure due-process free-speech habeas-corpus ineffective-assistance medical-malpractice ninth-circuit standing state-court |
Whether the respondents' actions violated the petitioner's constitutional rights under the First and Fourteenth Amendments |
| 22-6600 |
Eric Banks v. United States |
Ninth Circuit |
2023-01-23 |
Denied |
IFP |
circuit-split criminal-law criminal-procedure due-process federal-jurisdiction federal-prison jurisdictional-requirements statutory-interpretation territorial-jurisdiction |
Whether the prosecution must show the facts required under 40 U.S.C. §3112(b) to establish territorial jurisdiction under 18 U.S.C. §7(3) |
| 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 |
Whether predisposition to defeat an entrapment defense may be proved by the government using statements found on Petitioner's phone that were created … |
| 22-6602 |
Matthew C. Eisenmann v. United States |
Eighth Circuit |
2023-01-23 |
Denied |
Response WaivedIFP |
civil-rights compassionate-release criminal-procedure due-process first-step-act sentencing |
Whether the district court abused its discretion in denying Everman's First Step Act motion for compassionate release |
| 22-6603 |
Miguel Angel Valencia-Sandoval v. United States |
Fifth Circuit |
2023-01-23 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process judicial-interpretation precedent-interpretation sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-6606 |
Henry Zabala-Zorilla v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2023-01-23 |
Denied |
Response WaivedIFP |
allen-charge civil-rights criminal-procedure due-process equal-protection fourteenth-amendment ineffective-assistance-of-counsel jury-instruction reversible-error supplemental-instruction |
Does the Fourteenth Amendment equal protection laws require a state judge be found to commit reversible error to give a supplemental charge or an 'All… |
| 22-6586 |
Reginald Daushawn Earl Tate v. United States |
Fourth Circuit |
2023-01-20 |
Denied |
Response WaivedIFP |
brandishing criminal-procedure firearm-brandishing fourth-circuit hobbs-act rule-11 sentencing statutory-interpretation |
Whether the United States Court of Appeals properly affirmed the trial court's improper sentencing of the defendant pursuant to 18 U.S.C. §924(c)(1)(A… |
| 22-667 |
Chen Bing v. Joseph R. Biden, Jr., President of the United States, et al. |
Fourth Circuit |
2023-01-20 |
Denied |
Response WaivedRelisted (2) |
civil-rights constitutional-rights criminal-procedure due-process executive-authority free-speech genocide-determination human-rights-violations international-law judicial-review standing |
Whether there is sufficient evidence of genocide, crimes against humanity and forced labor in Xinjiang, China, and whether the Secretary of State has … |
| 22-6568 |
Duraid Hussein v. United States |
Ninth Circuit |
2023-01-19 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey circuit-precedent criminal-law criminal-procedure due-process equal-protection procedural-due-process rehaif-v-united-states sixth-amendment stare-decisis statutory-interpretation |
Whether the Ninth Circuit denied procedural due process and equal protection by not dismissing an insufficient indictment under circuit precedent |
| 22-6571 |
Marcus Wayne Covington v. United States |
Fourth Circuit |
2023-01-19 |
Denied |
Response WaivedIFP |
bond-hearing civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel public-defender sentencing-guidelines sentencing-report standing |
Whether the Court of Appeals failed to properly consider or address the Court's abuse of discretion |
| 22-6576 |
Phillip Tarver v. Keisha Fisher, Administrator, South Woods State Prison, et al. |
Third Circuit |
2023-01-19 |
Denied |
IFP |
civil-rights constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment sixth-amendment trial-by-jury |
Was the petitioner deprived of due process and the right to trial by jury, and is the right not to be put in jeopardy twice for the same crime charged… |
| 22-6581 |
John Krasley v. United States |
Third Circuit |
2023-01-19 |
Denied |
Response WaivedIFP |
admissibility-standard circuit-split criminal-procedure defendant's-other-bad-acts evidence-rule federal-rules-of-evidence propensity-evidence rule-404(b) third-party-acts |
Whether Rule 404(b) applies to all 'person[s],' as the Rule explicitly provides, or instead only to a defendant's other bad acts or crimes, and not th… |
| 22-6553 |
Esau Ferdinand v. United States |
Ninth Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
18-usc-1962(d) criminal-procedure enterprise-affairs enterprise-liability federal-rule-criminal-procedure-14(a) joint-trial personal-participation prosecutorial-discretion rico-conspiracy severance |
For RICO conspiracy liability, must the defendant agree to personally further the enterprise's affairs? |
| 22-6555 |
Steven Charles Hill v. Texas |
Texas |
2023-01-18 |
Denied |
IFP |
criminal-procedure criminal-sentencing cruel-and-unusual-punishment cruel-unusual-punishment due-process evidence-sufficiency jury-verdict life-sentence proportionality sentencing sufficiency-of-evidence |
Was the evidence sufficient to sustain the jury's guilty verdict? |
| 22-6556 |
Lawrence Anderson Fonseca, fka Lawrence Anderson Fonseca-Garcia v. United States |
First Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
criminal-procedure foreign-national guilty-plea innocence new-evidence plea-bargaining plea-withdrawal post-conviction-relief subject-matter-jurisdiction |
Whether Fonseca should be allowed to withdraw his guilty plea in light of new evidence supporting his claim of innocence |
| 22-6561 |
Telly Hankton v. United States |
Fifth Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
confrontation-clause conspiracy-liability criminal-procedure federal-circuit-courts forfeiture-by-wrongdoing sixth-amendment standard-of-proof testimonial-statements |
What standard of proof is required for the admission of prior testimonial statements under the forfeiture-by-wrongdoing exception to the Confrontation… |
| 22-6563 |
Jaquain Young v. United States |
Ninth Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
complete-defense confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-admissibility federal-rules-of-evidence judicial-discretion right-to-present-defense severance witness-recantation |
Whether the district court erred in excluding witness Tierra Lewis's out-of-court identification of codefendant Esau Ferdinand under FRE 403, thereby … |
| 22-6566 |
Rodney R. Ellis v. Florida |
Florida |
2023-01-18 |
Denied |
Response WaivedIFP |
apprendi-doctrine apprendi-v-new-jersey criminal-procedure jury-clause jury-trial prior-record-exception sentencing sentencing-enhancement sixth-amendment |
Whether a sentencing court violates the Sixth Amendment's Jury Clause when the sentencing court—rather than the jury—finds that the defendant committe… |
| 22-653 |
Melvin Ray v. United States |
Fifth Circuit |
2023-01-17 |
Denied |
Response Waived |
abduction abduction-definition circuit-split criminal-procedure different-location guideline-commentary judicial-interpretation sentencing-guidelines stinson-v-united-states |
Whether the failure to follow the commentary's abduction definition engendered a broad circuit split — and if so, do it show that the victims were 'ab… |
| 22-6543 |
Miguel Angel Mota v. United States |
Ninth Circuit |
2023-01-17 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 structural-error |
Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 22-6545 |
Kamil Hakeem Johnson v. R. M. Wolfe, Warden |
Fourth Circuit |
2023-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process habeas-corpus jurisdiction jurisdictional-challenge sentencing-discretion sentencing-options statutory-interpretation |
Whether the district court had jurisdiction to impose a term-of-years sentence when the statute only provided for death or life imprisonment without p… |
| 22-6547 |
Kashai Jones v. Illinois |
Illinois |
2023-01-17 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process illinois-supreme-court judicial-discretion jury-instructions jury-selection legal-principles plain-error trial-court wainwright-v-witt |
Whether the Illinois Supreme Court's rule requiring trial courts to ensure that each juror understands the principles of People v. Zehr, 103 Ill. 2d 4… |
| 22-6532 |
Alfred E. Caraffa, aka Alfred Erik Caraffa v. Joseph R. Biden, Jr., President of the United States, et al. |
Ninth Circuit |
2023-01-13 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-law constitutional-review criminal-procedure due-process equal-protection federal-rules habeas-corpus state-jurisdiction supreme-court-jurisdiction |
Whether the writ of habeas corpus can be unconstitutionally delayed |
| 22-647 |
Ross Anthony Scott v. Texas |
Texas |
2023-01-11 |
Denied |
|
circuit-split constitutional-interpretation criminal-procedure defendant-rights defendant-silence fifth-amendment liberal-construction prosecutor-comment prosecutorial-comment self-incrimination |
Whether a prosecutor's comment on a criminal defendant's failure to testify infringes on the defendant's Fifth Amendment privilege against self-incrim… |
| 22-6522 |
Charvez Brooks v. United States |
Fourth Circuit |
2023-01-11 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal due-process federal-courts hobbs-act ineffective-assistance interstate-commerce judicial-discretion jury-instructions reasonable-doubt standard-of-proof |
Does a federal district court possess meaningful discretion to define 'proof beyond a reasonable doubt' in jury instructions? |
| 22-6525 |
Keith D. Arline, Jr. v. California |
California |
2023-01-11 |
Denied |
Relisted (2)IFP |
brady-claim constitutional-rights criminal-procedure due-process evidence-suppression exculpatory-evidence material-evidence prosecutorial-misconduct suppression-of-evidence williams-v-traylor |
Whether the California Supreme Court rendered a decision in conflict with the law of the United States Supreme Court announced in Brady-v-Maryland,Kyl… |
| 22-6526 |
Anton Michael Kubica v. California |
California |
2023-01-11 |
Denied |
IFP |
case-dismissal constitutional-rights criminal-procedure due-process evidence judicial-review material-evidence prosecutorial-delay prosecutorial-misconduct speedy-trial |
Was the appellant denied his federal and state constitutional right to due process, because of unjustified, prejudicial prosecutorial delay in filing … |
| 22-6527 |
William Langley, Jr. v. United States |
Fourth Circuit |
2023-01-11 |
Denied |
Response WaivedIFP |
924(c) constitutional-challenge conviction-reversal criminal-procedure due-process factual-innocence firearm-statute guilty-plea plea-bargaining sentencing statutory-interpretation |
Should the court find petitioner's conviction for '924(c) et al. unconstitutional |
| 22-6502 |
Jerry Joseph Higdon, Jr. v. United States |
Eleventh Circuit |
2023-01-10 |
Denied |
Response WaivedIFP |
appellate-review circuit-court constitutional-interpretation criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-challenge procedural-bar sentencing sentencing-guidelines |
Whether the United States Court of Appeals for the Eleventh Circuit is using its procedural bar rules in a manner inconsistent with the United States … |
| 22-6503 |
Patrick Emeka Ifediba v. United States |
Eleventh Circuit |
2023-01-10 |
Denied |
Response RequestedRelisted (2)IFP |
controlled-substances criminal-procedure due-process fifth-amendment intent medical-intent medical-practice sentencing sixth-amendment |
Was Petitioner denied his rights under Ruan v. United States |
| 22-6513 |
Jeremy Dale Bartram v. West Virginia |
West Virginia |
2023-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-rule fair-trial presumption-of-innocence prosecutorial-discretion rule-404(b) uncharged-misconduct |
Does the prosecution's use of 'uncharged misconduct' under Rule 404(b) strip a criminal defendant of the presumption of innocence? |
| 22-6483 |
Eli Sloan v. United States |
Ninth Circuit |
2023-01-09 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure impartial-jury jury-selection prejudicial sixth-amendment trial-procedure voir-dire |
Whether the voir dire selection was partial or prejudicial, in violation of Petitioner, Eli Sloan's Sixth Amendment right to an impartial jury |
| 22-6487 |
Chasity Reanee Orellana v. United States |
Fifth Circuit |
2023-01-09 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process jurisdiction post-release-conduct revocation sentencing supervised-release |
Whether the district court erred by revoking Ms. Orellana's supervised release because its revocation decision relied on conduct that occurred after h… |
| 22-6490 |
Wayne Johnson v. Court of Appeal of California, First Appellate District, et al. |
California |
2023-01-09 |
Denied |
IFP |
appellate-review constitutional-rights criminal-procedure due-process harmless-error judicial-fabrication unpublished-opinion void-order void-restraining-order |
Whether a state can use a void restraining order as the foundation of a criminal prosecution without violating due process |
| 22-6493 |
Robert Keith Kinsey v. United States |
Fifth Circuit |
2023-01-09 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights controlled-substance criminal-procedure due-process fifth-circuit preponderance-of-evidence sentencing supervised-release trial-by-jury |
Does 18 U.S.C. § 3583(g) unconstitutionally deprive federal supervised releasees of the right to trial by jury? |
| 22-6495 |
Genero Javon Zuniga v. Colorado |
Colorado |
2023-01-09 |
Denied |
IFP |
colorado constitutional-rights criminal-procedure due-process fourteenth-amendment retroactivity substantive-law zuniga |
Did the State of Colorado violate Mr. Zuniga's Fourteenth Amendment due process protections when it failed to apply a new rule of substantive law retr… |
| 22-6500 |
Richard Eugene Glossip v. Oklahoma |
Oklahoma |
2023-01-09 |
Dismissed |
Amici (2)Relisted (21)IFP |
brady-v-maryland brady-violation criminal-procedure due-process evidence-suppression impeachment-evidence materiality post-conviction-relief prosecutorial-misconduct standard-of-review suppressed-evidence witness-credibility |
Whether a court may require a defendant to demonstrate by clear and convincing evidence that no reasonable fact finder would have returned a guilty ve… |
| 22-6470 |
Mary Ann Ellis v. Department of Labor, Administrative Review Board |
Fifth Circuit |
2023-01-06 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights due-process evidence standing witness |
Question not identified |
| 22-6471 |
Kyle Maurice Parks v. United States |
Eighth Circuit |
2023-01-06 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation |
Whether Appellant was improperly denied a review of ineffective assistance of counsel and correction of errors by the District Court |
| 22-6472 |
Vincent Paul Melendrez v. Jason Bennett, Superintendent, Stafford Creek Corrections Center |
Ninth Circuit |
2023-01-06 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause constitutional-rights criminal-defendant criminal-procedure defense due-process fifth-amendment self-incrimination sixth-amendment |
Where the Trial Court's Ruling Compelling the Election of Rights had required a criminal Defendant to waive his Fifth Amendment Constitutional Rights … |
| 22-6473 |
Michael Dewayne Dennis v. United States |
Fifth Circuit |
2023-01-06 |
Denied |
IFP |
criminal-procedure due-process fourth-amendment privacy privacy-rights reasonable-expectation-of-privacy search sentencing-disparities surveillance warrantless-search |
whether-long-term-police-use-of-a-surveillance-camera-is-a-fourth-amendment-search |
| 22-6475 |
Nohe Dominguez-Morales v. United States |
Fifth Circuit |
2023-01-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
almendarez-torres apprendi apprendi-v-new-jersey criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-6458 |
Brian L. Melson v. Oklahoma |
Oklahoma |
2023-01-05 |
Denied |
IFP |
cherokee-nation criminal-jurisdiction criminal-procedure due-process federal-jurisdiction indian-law major-crimes-act native-american-rights reservation-status tribal-sovereignty united-states-constitution |
Whether the State of Oklahoma has the authority to prosecute crimes committed by or against Indians in the Cherokee Reservation |
| 22-6465 |
Jess Richard Smith v. Washington |
Washington |
2023-01-05 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure cross-examination due-process federal-law jurisdiction post-conviction state-court stay witness-testimony |
Whether the state court has decided an important question of federal law under the Due Process Clause of the United States Constitution |
| 22-6467 |
Louis Antonio Zayas v. United States |
Third Circuit |
2023-01-05 |
Denied |
Response WaivedIFP |
certiorari controlled-substances criminal-procedure criminal-trial directed-verdict due-process evidence-disclosure harmless-error jury-instruction jury-instructions prosecutorial-conduct |
Whether the erroneous jury instruction on knowledge requirement constituted harmless error |
| 22-6442 |
Brennan Thomas Baker v. Wyoming |
Wyoming |
2023-01-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion cell-phone-recording criminal-evidence criminal-procedure due-process evidence evidentiary-abuse-of-discretion fourth-amendment legal-admissibility surveillance surveillance-footage witness-testimony |
Did the district court abuse its discretion in admitting the state's cell phone recording of surveillance footage? |
| 22-6443 |
Daquan Madrid Pridgen v. United States |
Fourth Circuit |
2023-01-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process rule-of-lenity sentencing sentencing-guidelines sixth-amendment statutory-interpretation structural-error |
Whether the district court committed structural error by finding that the sentence for a violation of 18 U.S.C. § 2113(e) should be 10 years to life i… |
| 22-6449 |
Carl Anthony Wilson v. Texas |
Texas |
2023-01-04 |
Denied |
IFP |
actual-innocence blood-draw conflict-of-interest constitutional-rights criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-warrant unreasonable-search-and-seizure |
Whether the warrantless blood draw violated the Fourth Amendment |
| 22-6450 |
Dedrevionus C. Williams v. Florida |
Florida |
2023-01-04 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process judicial-fact-finding jury-trial preponderance-standard sentencing sentencing-enhancement statutory-interpretation |
Does Florida's Statute §775.082(9) Prison Releasee Reoffender sentence violate a defendant's U.S. Constitutional rights per this Court's holdings in A… |
| 22-6451 |
Dwayne Edmond Wilson v. Randee Rewerts, Warden |
Sixth Circuit |
2023-01-04 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-rights criminal-procedure defendant-rights due-process incarceration judicial-delay liberty speedy-trial |
Whether the Sixth Amendment's Speedy Trial Right is violated when a defendant is incarcerated for 56 months without a trial |
| 22-6453 |
Mario Torres v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2023-01-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process eyewitness-identification habeas-corpus plea-agreement plea-bargain post-conviction-relief prosecutorial-misconduct right-to-counsel sentencing |
Whether Petitioner can withdraw his plea after district attorney reneged on the plea bargain |
| 22-6460 |
Davonte DeJean v. United States |
Fifth Circuit |
2023-01-04 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment constitutional-rights court-responsibility criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-trial right-to-jury-trial sentencing sixth-amendment |
Was counsel ineffective for not enforcing the 6th Amendment right to a jury trial in the sentencing proceeding and is the court also responsible? |
| 22-6461 |
Segundo Marcial Dominguez-Caicedo and Adrian Andres Cortez-Quinonez v. United States |
Ninth Circuit |
2023-01-04 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
arrest arrest-delay criminal-procedure due-process high-seas judicial-proceedings magistrate-review speedy-trial transportation transportation-time unnecessary-delay |
Whether the additional delay resulting from transportation to the district the Government chooses to prosecute must be considered when determining whe… |
| 22-607 |
Noah Nagy, Warden v. Jimmy Baugh |
Sixth Circuit |
2023-01-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
actual-innocence constitutional-error criminal-procedure federal-review habeas-corpus new-evidence sixth-amendment standard-of-review statutory-interpretation |
Did the Sixth Circuit misapprehend § 2244(b)(2)(B)(ii)'s standard by granting habeas relief to Jimmy Baugh when the newly discovered evidence at issue… |
| 22-6438 |
Tommiel Q. Claiborne, aka Tommie Lee Claiborne, Jr., aka Tommie L. Claiborne v. Mississippi |
Mississippi |
2023-01-03 |
Denied |
IFP |
confrontation constitutional-rights court-appointed-counsel criminal-procedure criminal-proceeding due-process ineffective-assistance-of-counsel jury-selection legal-assistance peremptory-challenges sixth-amendment |
Ineffective Assistance of Counsel for Failing to Exercise the Right to Challenge Jurors for Cause or Peremptory Challenge Purposes |
| 22-6427 |
Denver Sangster v. United States |
Third Circuit |
2022-12-30 |
Denied |
Response WaivedIFP |
brady-vs-maryland confidential-informant confrontation-clause criminal-procedure good-faith-exception probable-cause search-and-seizure search-warrant |
Whether the lower courts erred in deciding probable cause, the confrontation clause concerning search and seizures and/or requirements of a warrant, w… |
| 22-6435 |
Willie Tyrone Shipley v. D. Holbrook |
Ninth Circuit |
2022-12-30 |
Denied |
Response WaivedIFP |
civil-rights confrontation constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence fourteenth-amendment prosecutorial-discretion sixth-amendment witness-testimony |
Whether the defendant was deprived of his right to confrontation and due process under the Sixth and Fourteenth Amendments when the district attorney … |
| 22-6437 |
Alan Singleton v. Tom Watson, Warden |
Sixth Circuit |
2022-12-30 |
Denied |
Response WaivedIFP |
burden-of-proof confrontation-clause criminal-procedure due-process fair-trial hearsay hearsay-testimony ineffective-assistance right-to-counsel |
Did counsel provide ineffective assistance? |
| 22-6414 |
Keith Antonio Barnett v. United States |
Fourth Circuit |
2022-12-29 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure due-process hearsay hearsay-testimony jury-instruction theory-of-defense |
Whether the Confrontation Clause was violated when prosecutors relied, exclusively, on hearsay testimony to convict the petitioner? |
| 22-6417 |
Eric C. Burgie v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2022-12-29 |
Dismissed |
Response WaivedIFP |
civil-procedure claim-construction criminal-procedure district-court due-process habeas-corpus judicial-interpretation racial-discrimination standing statute-of-limitations tolling |
Whether the district court abused its discretion in denying Mr. Burgie's Rule 60(b) motion and appointment of counsel |
| 22-6419 |
Brian Wright v. United States |
Ninth Circuit |
2022-12-29 |
Denied |
Response WaivedIFP |
asset-forfeiture cash-seizure civil-procedure civil-rights criminal-procedure due-process federal-procedure property-rights rule-41g |
Should Mr. Wright be allowed a return of his seized cash? |
| 22-6421 |
Sergio Garcia-Lara v. United States |
Fifth Circuit |
2022-12-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process presentence-report sentencing unreliable-evidence |
Whether a district court may avoid reversal for considering unreliable information by avoiding express mention of the information, or whether parties … |
| 22-6401 |
William Clyde Culberson, Jr. v. Texas |
Texas |
2022-12-28 |
Denied |
IFP |
6th-amendment confrontation-clause crawford-vs-washington criminal-procedure due-process evidence evidence-law medical-records sixth-amendment testimonial-evidence |
Is medical records considered as confrontation clause covered under Crawford vs. Washington? |
| 22-6402 |
Jesse Johnson, III v. California |
California |
2022-12-28 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice prejudice-prong prima-facie-showing strickland-standard strickland-v-washington |
Whether a defendant's uncontradicted sworn statement that he would have accepted a plea offer but for his counsel's deficient performance is sufficien… |
| 22-6408 |
Samuel Lawrence Wood v. Mike Brown, Warden |
Sixth Circuit |
2022-12-28 |
Denied |
Response WaivedIFP |
concurrent-sentences consecutive-sentences criminal-procedure double-jeopardy due-process federal-review federal-sentencing habeas-corpus sentencing state-prisoner state-sentencing statutory-authority |
Whether a state court can impose a sentence to commence at the completion of a federal sentence in the absence of statutory authority |
| 22-6409 |
Victor Gaspar Chichande v. United States |
Ninth Circuit |
2022-12-28 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
criminal-procedure detention-conditions drug-enforcement drug-law-enforcement due-process foreign-nationals human-rights international-law maritime-interdiction maritime-law |
Why do the courts sanction the forced apprehension of foreign nationals chained to Coast Guard vessels? |
| 22-6396 |
John Edward Sansing v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-12-27 |
Denied |
IFP |
appellate-review clearly-established-law criminal-procedure death-penalty eighth-amendment federal-habeas mitigating-evidence mitigating-factors sentencing-procedure victim-impact |
Did the appellate court err in affirming the denial of Sansing's petition on this meritorious claim? |
| 22-6399 |
Kerry Simpson v. Tom Watson, Warden |
Sixth Circuit |
2022-12-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure dna-evidence due-process judicial-reasoning legal-standard manifest-weight prejudice prejudice-standard standard-of-review |
Did the Federal Appellate Court Apply the Correct Standard in the Determination of Prejudice? |
| 22-589 |
Daryl Holloway v. City of Milwaukee, Wisconsin, et al. |
Seventh Circuit |
2022-12-27 |
Denied |
|
circuit-split civil-rights constitutional-law criminal-procedure due-process eyewitness-identification identification-procedure law-enforcement lineup qualified-immunity |
Whether the Court should address ambiguity among the circuits on whether an unduly suggestive identification procedure violated the Due Process Clause |
| 22-6392 |
Adam Tello v. United States |
Fifth Circuit |
2022-12-23 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-procedure due-process ineffective-assistance jurisdiction jurisdictional-defect legal-correction sentencing sentencing-error standing strickland-standard |
Whether a jurisdictional defective sentence must be noticed, heard, adjudicated and legally corrected at any time, whether on appeal or any other moti… |
| 22-6374 |
Damian Perry v. United States |
First Circuit |
2022-12-22 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-protection criminal-procedure double-jeopardy due-process first-circuit same-offense sentencing-enhancement successive-punishments |
Has the First Circuit impermissibly narrowed the application of Double Jeopardy Clause of the United States Constitution therefore removing any practi… |
| 22-6376 |
Marcus Joseph v. South Carolina |
South Carolina |
2022-12-22 |
Denied |
Response WaivedRelisted (2)IFP |
arbitrary-suspension civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process ex-post-facto habeas-corpus proportionality-review sentencing-guidelines state-court |
Whether the Respondent's arbitrary suspension of the writ of habeas corpus is constitutional |
| 22-6377 |
Thaddeus Chaylon Martin v. Florida |
Florida |
2022-12-22 |
Denied |
IFP |
civil-rights corrections criminal-procedure double-jeopardy due-process judicial-discretion jurisdiction prison-credits retroactive-application sentencing sentencing-credits |
Whether the court had jurisdiction to re-sentence the petitioner to 18 years after initially sentencing him to 10 years |
| 22-6386 |
Frank Sanchez v. United States |
Eighth Circuit |
2022-12-22 |
Denied |
Relisted (9)IFP |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment |
Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments |
| 22-581 |
Heidi R. Steward, Acting Director, Oregon Department of Corrections v. Frank E. Gable |
Ninth Circuit |
2022-12-22 |
Denied |
Relisted (2) |
actual-innocence chambers-v-mississippi due-process evidence evidence-rule habeas-corpus hearsay hearsay-exception recantation third-party-confession |
Whether Oregon Evidence Code Rule 804(8)(c) violates the Due Process Clause by excluding a third-party confession that is recanted and inconsistent wi… |
| 22-6359 |
Leonid Gershman v. United States |
Second Circuit |
2022-12-21 |
Denied |
Response WaivedIFP |
appellate-review collateral-consequence conspiracy-charges criminal-conviction criminal-procedure double-jeopardy merger plain-error sentencing sentencing-multiplicity |
Isn't it plain error for a court to impose multiple punishments for multiple counts of conviction that for double jeopardy purposes amount to the same… |
| 22-6362 |
Carlos Santana R. Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection federal-law habeas-corpus ineffective-assistance-of-counsel unreasonable-determination |
Did the Court of Criminal Appeals of Texas and the U.S. District Court Northern District of Texas San Angelo Division err in deciding the merits of Pe… |
| 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 |
When can a criminal indictment be changed without due process |
| 22-6372 |
Jose Felipe Cardenas-Ramirez v. United States |
Fifth Circuit |
2022-12-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6344 |
Bryshun Genard Furlow v. United States |
Fourth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
armed-career-criminal-act categorical-approach controlled-substance-offense criminal-procedure drug-conviction fourth-circuit mandate-rule prior-conviction sentencing-guidelines |
Whether the Fourth Circuit erroneously refused to apply its intervening case law to Furlow's case, incorrectly applying the mandate rule |
| 22-6346 |
Robert D. Johnson v. Douglas Fender, Warden |
Sixth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel legal-continuance speedy-trial sufficiency-of-evidence |
Is it not erroneously factual and a misapplication of law, rule or statute for the state courts and district courts to concur with a continuance that … |
| 22-6348 |
Douglas James Schneider v. United States |
Eighth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-procedure federal-rules-of-criminal-procedure plain-error procedural-violation rule-11 substantial-rights waiver |
Whether the court of appeals erred in holding the failure to object to the violation of Rule 11(c)(1) provides dispositive evidence that the violation… |
| 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? |
| 22-6353 |
Furlonzo R. Moran v. Louisiana |
Louisiana |
2022-12-20 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure due-process equal-protection fair-trial juror-disqualification jury-selection social-media-evidence trial-court-discretion |
Is it unconstitutional to disqualify a juror from service without just cause? |
| 22-6356 |
Tyler Nees v. Oregon |
Oregon |
2022-12-20 |
Denied |
Response WaivedIFP |
confrontation-clause cross-examination due-process evidence federal-review habeas-corpus hearsay independent-state-ground procedural-default sixth-amendment state-court |
Whether the Confrontation Clause of the Sixth Amendment prohibits the admission of testimonial hearsay evidence without an opportunity for cross-exami… |
| 22-6357 |
Clifton Raye v. Tim Hooper, Warden |
Fifth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-law constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Was Petitioner's rights under 6th Amendment to the United States Constitution violated when trial counsel was ineffective? |
| 22-6335 |
Timothy Michael Unzueta v. Texas |
Texas |
2022-12-19 |
Denied |
IFP |
clear-error criminal-justice criminal-procedure date-range due-process grand-jury legal-procedure material-element void-conviction |
Is it not clear error to allow a void conviction to continue (i.e., to not be vacated) knowing that a material (date-range essential) element was impr… |
| 22-6316 |
Kalvin Walker v. United States |
Fourth Circuit |
2022-12-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guideline-range harmless-error judicial-discretion sentencing-guidelines |
Whether errors in calculating the Sentencing Guidelines are automatically rendered harmless by a district court's statement that the correctness of th… |
| 22-6317 |
Normando Eligio Esquivel-Ontiveros v. United States |
Fifth Circuit |
2022-12-16 |
Denied |
Response WaivedIFP |
case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit legal-precedent precedent sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6318 |
Eduardo Ocegueda-Ruiz v. United States |
Ninth Circuit |
2022-12-16 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-procedure drug-trafficking due-process firearm-possession lenity sentencing-enhancement statutory-interpretation |
Does a person possess a firearm in furtherance of a drug trafficking crime, within the meaning of 18 U.S.C. § 924(c)(1)(A), when the person receives a… |
| 22-6320 |
Mausean Carter v. Corizon Health, Inc. |
Maryland |
2022-12-16 |
Denied |
IFP |
actual-innocence burden-of-proof civil-rights deliberate-indifference eighth-amendment evidence gross-negligence habeas-corpus medical-evidence medical-treatment successive-petition |
Whether the lower courts erred in holding that the petitioner did not meet the burden of establishing the respondents' deliberate indifference in viol… |
| 22-6323 |
Luis R. Figueroa-Gonzalez v. United States |
First Circuit |
2022-12-16 |
Denied |
Response WaivedIFP |
circumstantial-evidence criminal-law evidence firearm-alteration firearms knowledge-inference machine-gun mens-rea statutory-definition statutory-interpretation supervised-release |
Whether the presence of a visible alteration in a seized firearm is sufficient to satisfy the government's burden to prove that the defendant knew of … |
| 22-6327 |
Anthony Naquan West v. Texas |
Texas |
2022-12-16 |
Denied |
IFP |
constitutional-law constitutional-review conviction-challenge criminal-procedure due-process federal-courts habeas-corpus state-court state-courts |
Whether the state Court of Criminal Appeals of Texas' adjudication denying Petitioner's writ of Habeas Corpus was contrary to or involved an unreasona… |
| 22-6308 |
Alberto Mendoza-Espinoza v. United States |
Fifth Circuit |
2022-12-15 |
Denied |
Response WaivedIFP |
case-review court-of-appeals criminal-procedure due-process judicial-procedure legal-precedent overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6309 |
Uriel Mora-Mendez v. United States |
Fifth Circuit |
2022-12-15 |
Denied |
Response WaivedIFP |
case-jurisdiction constitutional-law constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6310 |
Terence Sandy McCray v. Michael Capra, Superintendent, Sing Sing Correctional Facility |
Second Circuit |
2022-12-15 |
Denied |
Response WaivedIFP |
aedpa antiterrorism-and-effective-death-penalty-act brady-disclosure brady-v-maryland criminal-procedure due-process evidence-disclosure pennsylvania-v-ritchie psychiatric-records second-circuit-court-of-appeals |
When a trial court reviews complainant's psychiatric records for Brady material, must it disclose all records that may affect the outcome, or can it r… |
| 22-6311 |
Massey L. Allen, Jr. v. Nebraska |
Nebraska |
2022-12-15 |
Denied |
IFP |
criminal-evidence criminal-procedure due-process evidence fourteenth-amendment jackson-v-virginia miranda-rights post-miranda-silence reasonable-doubt standard-of-review sufficiency-of-evidence |
Whether there was sufficient evidence to convict under Jackson-v-Virginia |
| 22-6312 |
Kristian Jones v. United States |
Third Circuit |
2022-12-15 |
Denied |
Response WaivedIFP |
4th-amendment circuit-split constitutional-law criminal-procedure fourth-amendment hotel-guest hotel-guest-rights privacy reasonable-expectation-of-privacy search-and-seizure standing |
Whether there is a reasonable expectation of privacy in the hotel room of a non-registered guest |
| 22-550 |
Carlos Jackson v. Mississippi |
Mississippi |
2022-12-15 |
Denied |
Response WaivedRelisted (2) |
competency conviction criminal-procedure due-process judicial-inquiry retroactivity sentence state-courts void-conviction |
Whether the retroactivity rule for criminal procedure applies to the State of Mississippi |
| 22-6297 |
Kevin W. Malone v. Nebraska, et al. |
Eighth Circuit |
2022-12-14 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment conflict-of-interest criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel legal-ethics sixth-amendment trial-bias |
Does the trial counsel's fraudulent behavior and conflict of interest violate the Petitioner's 6th & 14th Amendment right to conflict free counsel? |
| 22-6300 |
Edman Castro-Salazar v. United States |
Fifth Circuit |
2022-12-14 |
Denied |
Response WaivedIFP |
almendarez-torres criminal-procedure due-process indictment recidivism recidivism-enhancement sixth-amendment statutory-interpretation statutory-offense |
Whether the government's failure to allege a prior conviction necessary to support a statutory recidivism enhancement violated Mr. Castro's right 'to … |
| 22-6302 |
Selvin Omar Canales v. United States |
Fifth Circuit |
2022-12-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6303 |
Steven Riad Jalloul v. United States |
Fifth Circuit |
2022-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process fifth-circuit judicial-discretion plea-agreement plea-bargaining restitution sentencing statutory-interpretation |
Whether the language in a defendant's plea agreement requiring the defendant to pay 'whatever restitution is ordered' is sufficiently specific to cons… |
| 22-6289 |
Kevin Singleton v. United States |
Fifth Circuit |
2022-12-13 |
Denied |
Response WaivedIFP |
appeal appeal-waiver constitutional-rights criminal-procedure fifth-circuit judicial-review plea-agreement plea-bargaining procedural-history waiver |
Whether the Fifth Circuit erred by dismissing Mr. Singleton's appeal based on the waiver of appeal provisions in his Plea Agreements |
| 22-6292 |
Ryan L. Bessert v. Wisconsin |
Wisconsin |
2022-12-13 |
Denied |
Response WaivedIFP |
6th-amendment confrontation-clause constitutional-interpretation crawford-precedent crawford-v-washington criminal-procedure due-process maryland-v-craig ohio-v-roberts two-way-video witness-testimony |
Does testimony taken using two-way video violate the Confrontation Clause? |
| 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 so malleable that Stricklan… |
| 22-536 |
Eliezer Alberto Jimenez v. United States |
Sixth Circuit |
2022-12-12 |
Denied |
|
constitutional-rights criminal-procedure guilty-plea habeas-corpus miscarriage-of-justice unconstitutional-conditions waiver-of-rights |
Whether requiring a criminal defendant to waive the right to seek habeas corpus or its substitute as a condition of a guilty plea violates the unconst… |
| 22-6254 |
Aaron Michael Murray v. United States |
Eleventh Circuit |
2022-12-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial impartiality-standard judicial-ethics judicial-impartiality judicial-recusal media-bias media-coverage recusal |
Whether a criminal defendant's due process right to a fair trial is violated when numerous media reports raise reasonable questions about a district c… |
| 22-6266 |
Earl Moore v. United States |
Third Circuit |
2022-12-09 |
Denied |
Response WaivedIFP |
career-offender civil-rights criminal-history criminal-procedure due-process first-step-act recidivism sentence-reduction sentencing sentencing-guidelines statutory-interpretation |
Whether the defendant's arrest for resisting arrest constitutes a 'crime of violence' under federal sentencing guidelines |
| 22-6274 |
John C. Killingbeck v. United States |
Second Circuit |
2022-12-09 |
Denied |
Response WaivedIFP |
civil-rights content-provider criminal-procedure criminal-prosecution due-process free-speech habeas-corpus internet-immunity internet-service-provider-liability section-230 standing |
Whether the government and courts have acted within their constitutional authority in prosecuting and denying relief to an individual convicted of dow… |
| 22-6257 |
Kenneth Ray Borders v. United States |
Eighth Circuit |
2022-12-08 |
Denied |
Response WaivedIFP |
circuit-court compassionate-release criminal-procedure due-process eighth-amendment health-conditions judicial-misconduct procedural-error standing |
Should this court grant the writ where the lower court erred in violation of the eighth-amendment in denying compassionate-release when the lower cour… |
| 22-6258 |
Rondale Young v. United States |
Ninth Circuit |
2022-12-08 |
Denied |
Response WaivedIFP |
assimilated-crimes assimilative-crimes-act criminal-procedure double-jeopardy due-process fifth-amendment houston-v-moore separate-sovereign-doctrine |
Whether a defendant previously acquitted of murder under a state statute can be tried for the same murder under the same state statute pursuant to a f… |
| 22-6261 |
Damar D. Ruffin v. United States |
Sixth Circuit |
2022-12-08 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum |
Whether a special verdict is required to have confidence that the jury has made the finding of drug quantity that allows a sentence beyond the default… |
| 22-528 |
Gilbert Rodriguez, IV v. Texas |
Texas |
2022-12-08 |
Denied |
|
criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel miranda-rights sixth-amendment |
Whether the 1838rd district court for Harris County, Texas erred in denying Petitioner Rodriguez's writ of Habeas Corpus |
| 22-527 |
Sammy Jay Riddle v. Texas |
Texas |
2022-12-07 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel state-collateral-review texas-courts texas-criminal-procedure |
Whether the Texas courts denied petitioner due process by rejecting his substantial ineffective-assistance-of-counsel claim without conducting an evid… |
| 22-6237 |
Orlando Dean Hobbs v. Clinton Bryant |
Sixth Circuit |
2022-12-07 |
Denied |
IFP |
civil-rights criminal-procedure due-process firearm-rights habeas-corpus restoration-of-rights statutory-interpretation |
Was the Habeas Corpus in this case Effectively Suspended in this case? |
| 22-6238 |
David N. Firewalker-Fields v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-12-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-court civil-procedure constitutional-review district-court due-process evidence first-amendment procedural-default withholding-evidence |
Did the District Court and Court of Appeals err in not granting a certificate of appealability due to a procedural default caused by the Circuit Court… |
| 22-6240 |
Robert Dale Hines v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-07 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-tampering fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment trial-counsel |
Whether the Court violated the petitioner's constitutional rights, including due process and effective assistance of counsel |
| 22-6250 |
Matthew James Dury v. United States |
Fourth Circuit |
2022-12-07 |
Denied |
Response WaivedIFP |
alias citizenship-status civil-rights criminal-procedure deportation due-process immigration immigration-law legal-residency naturalization permanent-residency |
Whether a foreign-born defendant can be ordered to violate U.S. laws |
| 22-6253 |
Michael J. Moller, aka Michael Robinson v. United States |
First Circuit |
2022-12-07 |
Denied |
Response WaivedIFP |
appellate-waiver certiorari criminal-procedure district-court due-process paycheck-protection-program plea-bargaining sentencing sophisticated-means-enhancement standard-of-review |
Should certiorari be granted to address the enforceability of an appellate waiver where the District Court's entire inquiry consisted of a single ques… |
| 22-6228 |
Giovanny Sanchez-Juarez v. United States |
Fifth Circuit |
2022-12-06 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum |
Whether Almendarez-Torres v. United States was wrongly decided |
| 22-6232 |
Trevor Jim Bishop v. California |
California |
2022-12-06 |
Denied |
IFP |
due-process evidence hearsay other-acts other-acts-evidence procedural-error procedure prosecutorial-misconduct trial-counsel waiver |
Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proced… |
| 22-6216 |
Jonny Shineflew v. United States |
Ninth Circuit |
2022-12-05 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure guideline-offense integrated-agreement plea-agreement prosecutor prosecutorial-discretion sentencing sentencing-enhancement sentencing-guidelines |
Whether an integrated plea agreement allows the prosecutor to go outside that agreement and urge a sentencing enhancement not integrated into the Agre… |
| 22-6218 |
Carlos Brito-Brito v. United States |
Fifth Circuit |
2022-12-05 |
Denied |
Response WaivedIFP |
alleyne appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process fifth-amendment precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-6220 |
Martin Robert Moncada-Aguirre v. United States |
Fifth Circuit |
2022-12-05 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-review sentencing supreme-court-precedent |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-6202 |
Peter Gakuba v. Illinois Prisoner Review Board |
Illinois |
2022-12-02 |
Dismissed |
Response WaivedIFP |
criminal-procedure exclusionary-rule grand-jury grand-jury-indictment jurisdiction jurisdictional-error privacy-protection statutory-rape video-privacy-protection-act void-judgment vppa-violation |
Gakuba's criminal indictment was void due to violation of the Video Privacy Protection Act |
| 22-6207 |
Anika George v. Shelbie Smith, Warden |
Sixth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance |
Whether the lower courts erred in dismissing the petitioner's claims of ineffective assistance of counsel and due process violations |
| 22-6209 |
Mayeli Molina v. United States |
Fifth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure criminal-trial dual-role-witnesses due-process expert-testimony jury-instructions sentencing sentencing-standards substantial-rights witness-testimony |
Whether Molina's substantial rights were affected by dual-role testimony |
| 22-6210 |
Aaron Michael Crick v. United States |
Fourth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing downward-variance fourth-amendment fourth-circuit judicial-discretion motion-denial reversible-error sentencing |
Whether the Fourth Circuit Court of Appeals erred by denying Mr. Crick's meritorious argument that the district court committed reversible error by de… |
| 22-6212 |
Eric Cain v. United States |
Sixth Circuit |
2022-12-02 |
Denied |
Relisted (9)IFP |
criminal-procedure double-jeopardy due-process federal-sentencing-guidelines fifth-amendment jury-trial-right sentencing-guidelines sixth-amendment |
Whether the Sixth Amendment jury trial right or the Fifth Amendment Due Process Clause bars a court from imposing a more severe criminal sentence base… |
| 22-6214 |
Timothy Robert Gallion v. United States |
Fourth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court due-process fourth-circuit sentence-credit sentencing-credit sentencing-discretion sentencing-guidelines supervised-release |
Whether the Fourth Circuit Court of Appeals erred by dismissing Mr. Gallion's meritorious argument that the district court committed reversible error … |
| 22-6185 |
Brent William Bogseth v. James R. Schiebner, Warden |
Sixth Circuit |
2022-12-01 |
Denied |
Response WaivedIFP |
6th-amendment appellate-jurisdiction civil-rights constitutional-review criminal-procedure due-process evidentiary-hearing habeas-corpus jury-verdict sixth-circuit unreasonable-evidence |
Was the District Court's order denying petitioner's §2254 petition legal? |
| 22-6187 |
Demetrio Lifrieri v. James Stinson |
Second Circuit |
2022-12-01 |
Denied |
IFP |
4th-amendment criminal-procedure due-process evidence-suppression exclusionary-rule fair-trial fourth-amendment murder-prosecution police-search unlawful-evidence unlawful-search |
Was petitioner's right to a fair trial compromised by the admission of the unlawfully obtained evidence? |
| 22-6189 |
Jessie Jackson v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-12-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defendant criminal-procedure criminal-proceedings due-process fair-trial hypoglycemia medical-condition mental-competence |
Whether the onset of Diabetic Hypoglycemia (low blood sugar) in a criminal defendant constitutes incompetence and violates due process, when the defen… |
| 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 … |
| 22-6197 |
Albert Bautista Guzman v. Christian Pfeiffer, Warden |
Ninth Circuit |
2022-12-01 |
Denied |
Relisted (2)IFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process fifth-amendment interrogation-tactics police-misconduct search-and-seizure self-incrimination |
Whether detectives investigating cases should practice integrity under the Due Process Clause of the 5th and 14th Amendments, preventing fabrication, … |
| 22-6167 |
Eber Gramajo v. Mark Nooth, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2022-11-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-discovery habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-evidence pinholster-standard shaken-baby-syndrome |
Can reasonable jurists disagree whether a federal subpoena request for medical evidence, barred in state court because petitioner had not proven that … |
| 22-6171 |
Leihinahina Sullivan v. United States District Court for the District of Hawaii |
Ninth Circuit |
2022-11-30 |
Dismissed |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-suppression government-misconduct grand-jury grand-jury-subpoena prosecutorial-misconduct subpoenas |
Whether the United States District Court for the District of Hawaii sanctioned the abuse of process and violation of the Petitioner's Fifth Amendment … |
| 22-6174 |
Porfirio Duarte-Herrera v. Brian Williams, Warden, et al. |
Ninth Circuit |
2022-11-30 |
Denied |
Response WaivedIFP |
co-defendant-severance constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-instructions ninth-circuit-review severance suppression-of-evidence trial-procedure |
Did the Ninth Circuit err in denying Mr. Duarte-Herrera's claims of constitutional violations regarding his defense, jury instructions, and failure to… |
| 22-6175 |
Nancy Abbie Tallent v. Phillip Knight, et al. |
Sixth Circuit |
2022-11-30 |
Denied |
IFP |
42-usc-1983 civil-rights constitutional-rights due-process evidence evidence-exclusion judicial-bias pro-se pro-se-litigation section-1983 supervisory-power supreme-court-intervention |
Where officers violated the Petitioner rights afforded by the Constitution of the United States, under 42 U.S. Code § 1983, after exhausting all known… |
| 22-6179 |
Brandon J. Office v. Marcus Myers |
Fifth Circuit |
2022-11-30 |
Denied |
IFP |
charging-document constitutional-provisions criminal-procedure due-process habeas-corpus illegal-sentence motion-to-correct sentencing |
Was the Petitioner entitled to Habeas Corpus Relief? |
| 22-6181 |
Willie Speed v. Douglas Fender, Warden |
Sixth Circuit |
2022-11-30 |
Denied |
Response WaivedIFP |
attorney-conflict conflict-of-interest criminal-procedure due-process effective-assistance ex-post-facto fourteenth-amendment sixth-amendment |
whether-an-attorney's-conflict-of-interest-deprived-petitioner-of-his-rights-under-the-sixth-and-fourteenth-amendments-to-effective-assistance-and-due… |
| 22-6159 |
Jeffrey Morris v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-11-29 |
Denied |
IFP |
actual-innocence appellate-review constitutional-rights criminal-procedure due-process evidentiary-hearing post-conviction recantation witness-testimony |
Does the State of Florida violate a defendant's due process and/or constitutional rights in post-conviction proceedings for full development, presenta… |
| 22-6161 |
Melvin Lavon Shields v. Kansas |
Kansas |
2022-11-29 |
Denied |
Response WaivedIFP |
bad-faith criminal-defendant criminal-procedure due-process government-delay lovasco-v-united-states marion-v-united-states pre-charging-delay prejudice state-v-shields |
Whether a criminal defendant who has established prejudice from the government's pre-charging delay must show that delay was the result of the governm… |
| 22-6162 |
Donald Lee Scott v. Arizona |
Arizona |
2022-11-29 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process pre-accusation-delay prejudice prosecutorial-delay prosecutorial-discretion statute-of-limitations witness-testimony |
What is the proper standard for evaluating pre-accusation delay? |
| 22-6163 |
Noel Brown v. New York |
New York |
2022-11-29 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel miranda-rights probable-cause speedy-trial |
Question not identified |
| 22-6166 |
Raymond Mendez v. United States |
Ninth Circuit |
2022-11-29 |
Denied |
Response WaivedIFP |
circuit-court-review criminal-procedure drug-quantity due-process hearsay hearsay-evidence judicial-procedure sentencing sentencing-guidelines supervisory-power |
Whether the Ninth Circuit has sanctioned serial departures by the district court from the accepted and usual course of judicial proceedings |
| 22-6168 |
Jose Santos Perez-Gonzalez v. United States |
Fifth Circuit |
2022-11-29 |
Denied |
Response WaivedIFP |
constitutional-law criminal-law criminal-procedure judicial-precedent legal-review precedent-overturning recidivism sentencing stare-decisis statutory-interpretation supreme-court-review |
Whether this Court should overrule its decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998) |
| 22-6172 |
Terry L. Benson v. United States |
Sixth Circuit |
2022-11-29 |
Denied |
Response WaivedIFP |
aggravated-identity-theft civil-rights constitutional-rights criminal-procedure due-process frcp identity-theft jury-of-peers personal-jurisdiction rule-60b writ-of-mandamus |
Whether the lower courts erred in affirming the conviction for aggravated identity theft, in violation of the petitioner's civil-rights, due-process, … |
| 22-6156 |
Peter Ivan McNeal v. Dean Borders, Warden |
Ninth Circuit |
2022-11-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eighth-amendment evidentiary-hearing exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel memory-expert taint-expert trial-counsel |
Whether the prosecution presented sufficient evidence to sustain the conviction |
| 22-6157 |
Carlton McKissic v. Shawn Emmons, Warden |
Eleventh Circuit |
2022-11-28 |
Denied |
IFP |
appellate-jurisdiction constitutional-interpretation criminal-procedure due-process equal-protection judicial-procedure legal-interpretation plea-bargaining right-to-counsel sentencing state-court-review |
Questions Presented |
| 22-496 |
Jheshua Daniel Jackson v. Colorado |
Colorado |
2022-11-28 |
Denied |
Response Waived |
criminal-procedure due-process fourteenth-amendment in-absentia-trial right-to-counsel sixth-amendment trial-in-absentia |
Do the Sixth and Fourteenth Amendments to the United States Constitution permit a court to deny a criminal defendant his request for appointment of co… |
| 22-491 |
Raymond Delgado v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-11-23 |
Denied |
Response Waived |
criminal-procedure custodial-interrogation fifth-amendment ineffective-assistance miranda-rights miranda-v-arizona motion-to-suppress right-to-counsel right-to-remain-silent sixth-amendment suppression-of-confession |
Whether Delgado was denied effective assistance of counsel |
| 22-6129 |
Artak Ovsepian v. United States |
Ninth Circuit |
2022-11-23 |
GVR |
Relisted (2)IFP |
certiorari criminal-procedure dubin-case due-process habeas-corpus ninth-circuit petition-for-writ remand supreme-court supreme-court-procedure vacatur |
Whether this Court should hold this petition and then grant, vacate, and remand for reconsideration in light of the pending opinion in Dubin v. United… |
| 22-6133 |
David Priester v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-11-23 |
Denied |
Response WaivedIFP |
anders-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights right-to-counsel sentencing-mitigation voluntariness waiver-of-counsel |
Question not identified |
| 22-6150 |
Walter Raglin v. Tim Shoop, Warden |
Sixth Circuit |
2022-11-23 |
Denied |
IFP |
capital-murder capital-punishment closing-arguments criminal-procedure ineffective-assistance procedural-bar res-judicata state-procedural-bar trial-counsel voir-dire |
Whether a capital defendant is deprived of the effective assistance of trial counsel |
| 22-6130 |
Darvill Jimmy Joseph Bragg v. United States |
Eighth Circuit |
2022-11-22 |
Denied |
IFP |
categorical-approach circuit-split criminal-procedure criminal-sentencing gonzales-v-duenas-alvarez mens-rea sentencing-enhancement statutory-interpretation taylor-v-united-states |
Whether plainly overbroad statutory language is sufficient to establish a prior state conviction is broader than the generic definition of a criminal … |
| 22-6135 |
Monzell Harding v. United States |
Ninth Circuit |
2022-11-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-discretion evidence extrinsic-evidence rico rico-conspiracy rule-404(b) rule-404b trial-error uncharged-crimes |
Was the district court required by JHuddleston v. United States, 485 U.S. 681 (1988) and Rule 404(b) to cure the reversible trial error that resulted … |
| 22-6137 |
Bryan Thornton v. United States |
Third Circuit |
2022-11-22 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court first-step-act intervening-legal-developments legal-developments retroactivity section-404(b) sentencing-reduction statutory-interpretation |
Whether a district court must or may consider intervening legal developments when deciding to impose a reduced sentence under the First Step Act of 20… |
| 22-6138 |
Michael Lindell Teasley v. United States |
Eighth Circuit |
2022-11-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-rights court-of-appeals criminal-procedure district-court due-process eighth-circuit equal-protection judicial-discretion non-violent-offenses sentencing sentencing-guidelines |
Whether the Court of Appeals for the Eighth Circuit, South on Piswier of Iowa, abused its discretion by violating the Cera Feendeg guidelines, which t… |
| 22-485 |
Kenneth Charles McNeil v. United States |
Ninth Circuit |
2022-11-22 |
Denied |
Response Waived |
all-writs-act coram-nobis courts-of-equity criminal-judgment criminal-procedure equity evidentiary-hearing federal-courts habeas-corpus statutory-interpretation |
Whether federal courts of equity had jurisdiction to correct criminal judgments after completion of the sentence, and, if so, whether federal courts v… |
| 22-488 |
Darrell Hemphill v. New York |
New York |
2022-11-22 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (2) |
appeal confrontation-clause constitutional-error criminal-procedure due-process evidence evidentiary-ruling harmless-error judicial-review out-of-court-statement supreme-court-precedent |
Whether the improper admission of the out-of-court statement by the alternative suspect was harmless |
| 22-6124 |
Jason Baxter v. Harold D. Graham, Superintendent, Auburn Correctional Facility |
Second Circuit |
2022-11-21 |
Denied |
Response WaivedIFP |
compulsory-process confrontation-clause criminal-procedure due-process right-to-counsel right-to-public-trial |
Whether the petitioner's due process rights were violated in the criminal proceedings against him |
| 22-6125 |
Carlos Bladimir Rodriguez-Juarez v. United States |
Fifth Circuit |
2022-11-21 |
Denied |
Response WaivedIFP |
case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent recidivism sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6095 |
Owen Garth Hinkson v. United States |
Fifth Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
aggravated-felony appellate-waiver constitutional-challenge criminal-procedure due-process immigration immigration-law ineffective-assistance sentencing sentencing-enhancement vacated-conviction |
Whether the district court can sentence Mr. Owen Garth Hinkson to a statute of 8 U.S.C. § 1326(b)(2), 20 years imprisonment when his 1987 Massachusett… |
| 22-6098 |
Quartshezz Leonard Lewis v. Texas |
Texas |
2022-11-18 |
Denied |
IFP |
burden-of-proof civil-rights constitutional-interpretation constitutional-law court-procedure criminal-procedure due-process equal-protection judicial-error legal-review statutory-analysis |
Whether the lower courts erred in failing to rule on a constitutional claim that deprived the petitioner of due process |
| 22-6099 |
Robert Lewis v. Hoke County, North Carolina, et al. |
Fourth Circuit |
2022-11-18 |
Denied |
IFP |
access-to-courts civil-procedure civil-rights constitutional-review criminal-procedure due-process equal-protection fourth-circuit habeas-corpus judicial-interpretation procedural-default standing |
Whether Ans Repellee's onmaddatery Response That Fully Riiefed The macs OF The Tesue Subject To Waiver Lohoot Realy Mew Or Vortec Gueerisa May Be The … |
| 22-6106 |
David Shane Paquette v. United States |
Eleventh Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split contract-law criminal-procedure defendant-rights due-process plea-agreement |
Whether an appeal-waiver provision in a plea agreement is enforceable when the agreement provides the defendant with no benefit |
| 22-6108 |
Jose Luis Ramirez, Jr., aka Zachary Matthew Johnson v. United States |
Fourth Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-conviction criminal-procedure fourth-circuit ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud |
Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of his conviction of securit… |
| 22-6109 |
Dustin Wayne Randall v. United States |
Ninth Circuit |
2022-11-18 |
Denied |
IFP |
circuit-split criminal-law criminal-procedure double-jeopardy due-process non-indigent-defendant special-assessment statutory-construction statutory-interpretation |
Whether 18 U.S.C. § 3014 requires a non-indigent defendant to pay a single additional special assessment of $5,000 or $5,000 for every qualifying conv… |
| 22-474 |
Laddie Huffman, et al. v. Rachel Harris |
Fifth Circuit |
2022-11-18 |
Dismissed |
Response RequestedResponse Waived |
civil-rights constitutional-duties criminal-procedure detention due-process fifth-circuit mental-health qualified-immunity schizophrenic-inmate section-1983 |
Whether the Fifth Circuit erred in finding that the Due Process Clause imposes an obligation on county sheriffs to release a violently dangerous schiz… |
| 22-6083 |
Aaron Jay Pierce v. Utah |
Utah |
2022-11-17 |
Denied |
Response WaivedIFP |
coercion constitutional-rights criminal-procedure due-process evidence-collection impeachment interrogation-tactics law-enforcement police-interrogation right-to-counsel self-incrimination |
Whether statements obtained during a custodial police interrogation in violation of the Constitution, law, and state law should be suppressed by the d… |
| 22-6063 |
Naomi Michelle Gutierrez v. United States |
Fifth Circuit |
2022-11-16 |
Denied |
Response WaivedIFP |
5th-circuit criminal-procedure drug-offense due-process fifth-circuit firearm-enhancement presumption sentencing-guidelines tools-of-the-trade |
Whether the Fifth Circuit's practice of applying a tools-of-the-trade presumption to the firearm enhancement of sentencing guidelines §2D1.1(b)(1) vio… |
| 22-6065 |
Samirkumar J. Shah v. United States |
Third Circuit |
2022-11-16 |
Denied |
Response WaivedIFP |
adversarial-process conflict-of-interest criminal-procedure disqualification disqualification-motion due-process evidentiary-hearing prosecutorial-ethics prosecutorial-misconduct |
Whether the Petitioner was afforded a meaningful and fair adversarial process when the district court denied his motion to disqualify the United State… |
| 22-6066 |
Brent Stephens v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-16 |
Denied |
IFP |
28-usc-2244 28-usc-2254 appeal appeal'\n\n'Whether the Federal Court of Appeals f appeal'\n\n'Whether the U.S. District Court Magist appellate-procedure certificate-of-appealability criminal-procedure due-process exhaustion exhaustion'\n\n'Whether the Federal Court of Appea federal-statute fifth-circuit habeas-corpus judicial-deference jury-trial jury-verdict magistrate-bar procedural-bar sentencing standard-of-review standard-of-review'\n\n'Whether the U.S. District trial-court-authority |
Whether the Trial Court had the authority to supplant the verdict of the jury on punishment |
| 22-6076 |
Joseph Rauber v. United States |
Eighth Circuit |
2022-11-16 |
Denied |
Relisted (3)IFP |
circuit-split criminal-procedure criminal-sentencing drug-offenses mandatory-minimum safety-valve sentencing-statute statutory-interpretation |
Whether 'and' means 'and' for the purposes of 18 U.S.C. § 3553(f)(1) |
| 22-6077 |
William Donnell, III v. Eddie Caley, Warden, et al. |
Tenth Circuit |
2022-11-16 |
Denied |
IFP |
confrontation-clause constitutional-rights criminal-procedure due-process extrinsic-evidence impeachment lead-detective right-to-present-defense trial-court-error trial-error witness-impeachment |
Did the trial court violate the defendant's Confrontation Clause rights and right to present a defense? |
| 22-6078 |
James Wesley Scott v. Jacqueline Banks |
Fifth Circuit |
2022-11-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-rights criminal-procedure due-process judicial-process mississippi post-conviction-relief speedy-trial supreme-court-review |
Should the Barker v. Wingo four-factor test for determining speedy trial violations be overruled and replaced with a more precise method? |
| 22-6079 |
Teshome Sok Sameru v. Minnesota |
Minnesota |
2022-11-16 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence self-incrimination witness |
Does a 9-1-1 caller become a witness, especially after giving statements to the police which the state conceded were inadmissible? |
| 22-6084 |
Jerry Bonton v. David R. Harris, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2022-11-16 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process free-speech medical-privacy mental-health-history standing trial-rights |
Whether the United States Court of Appeals for the Fifth Circuit erred in affirming the district court's dismissal of petitioner's claims alleging vio… |
| 22-464 |
United States v. Saleem Hakim |
Eleventh Circuit |
2022-11-16 |
Denied |
|
appellate-review automatic-vacatur criminal-procedure judicial-discretion pretrial-procedure right-to-counsel self-representation structural-error |
Whether a defendant's erroneous pretrial self-representation categorically constitutes structural error |
| 22-6058 |
Justin David Martin v. United States |
Sixth Circuit |
2022-11-15 |
Denied |
Response WaivedIFP |
court-of-record criminal-procedure evidence evidence-admission federal-prosecution procedural-error record search-warrant structural-error waiver |
Whether the federal prosecution's reliance on a state search warrant without making it part of the formal record constitutes structural error |
| 22-6051 |
Arriba Lewis v. United States |
Seventh Circuit |
2022-11-14 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 6th-amendment career-offender criminal-procedure ineffective-assistance motion-to-suppress racial-profiling selective-enforcement sentencing-enhancement sixth-amendment |
Ineffective-assistance-of-counsel |
| 22-6043 |
Jose Rene Cante-Dondiego v. United States |
Fifth Circuit |
2022-11-10 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-interpretation criminal-law criminal-procedure due-process judicial-review precedent-reconsideration sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-6035 |
Michael Andra Reed, aka Mychal Andra Reed v. California |
California |
2022-11-10 |
Denied |
IFP |
constitutional-challenge criminal-appeal criminal-procedure due-process equal-protection indigent-litigants indigent-rights pro-se pro-se-litigant time-bar time-limits |
Does the state of California criminal appeal time limit (time bar) violate the U.S. Constitution's 14th Amendment equal protection clause pertaining t… |
| 22-6037 |
Spencer Jean v. United States |
Second Circuit |
2022-11-10 |
Denied |
Response WaivedIFP |
18-usc-924c 6th-amendment criminal-procedure disclosure-requirements due-process expert-witness fair-trial government-misconduct rule-16-disclosure sixth-amendment |
whether-the-jury-verdict-was-metaphysically-impossible |
| 22-6038 |
Gabriel Mangum v. United States |
Eighth Circuit |
2022-11-10 |
Denied |
Response WaivedIFP |
18-usc-751 5th-amendment criminal-procedure double-jeopardy escape-from-custody fifth-amendment residential-reentry-center statutory-interpretation supervised-release |
Whether Petitioner's 5th Amendment Double Jeopardy rights were violated |
| 22-6042 |
Ryan Hayes v. United States |
First Circuit |
2022-11-10 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure discretionary-review due-process equal-protection first-circuit sentencing |
Whether the First Circuit erred in affirming the denial of a role reduction and in failing to find a violation of due process and equal protection, ba… |
| 22-6026 |
Robert C. Stryker v. Wisconsin |
Wisconsin |
2022-11-09 |
Denied |
Response WaivedIFP |
computer-evidence computer-files criminal-procedure evidence fourth-amendment search-and-seizure social-worker-patient-privilege social-worker-privilege state-court-review warrantless-search |
Were the petitioner's Fourth Amendment rights violated when the contents of computer files held in evidence against him were revealed in warrantless s… |
| 22-6010 |
Christopher Lamont Penn v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-08 |
Denied |
IFP |
appeals civil-rights criminal-procedure due-process ex-post-facto retroactivity |
Whether the petitioner's conviction was unconstitutional due to a change in the law during the appeals process |
| 22-6013 |
Damian Robert Guthary v. United States |
Fourth Circuit |
2022-11-08 |
Denied |
Response WaivedIFP |
18-usc-922g criminal-law criminal-procedure guilty-plea mens-rea plain-error rehaif rehaif-error statutory-interpretation |
Whether Petitioner satisfies Greer's plain error standard for relief from Rehaif error |
| 22-6017 |
Reginald Eugene Grimes, Sr. v. United States |
Eleventh Circuit |
2022-11-08 |
Dismissed |
Response WaivedRelisted (2)IFP |
certificate-of-appealability criminal-procedure due-process eleventh-circuit false-testimony perjury plain-error prosecutorial-misconduct sentencing sentencing-hearing |
Did the Eleventh Circuit commit error in denying a COA for government misconduct, perjured testimony, and sentencing violations? |
| 22-6020 |
John M. Esposito v. Florida |
Florida |
2022-11-08 |
Denied |
IFP |
citizens-rights civil-rights constitutional-violation criminal-procedure criminal-prosecution due-process federalism legal-challenge preemption statutory-interpretation void-ab-initio void-statute |
Whether the State of Florida is violating the United States Constitution by prosecuting and convicting U.S. citizens under § 794.011, Florida Statutes… |
| 22-6021 |
George Guo v. Texas |
Texas |
2022-11-08 |
Denied |
Relisted (2)IFP |
capital-murder criminal-procedure delayed-death-homicide due-process ex-post-facto fair-warning jackson-standard statute-of-limitations structural-error |
Question not identified |
| 22-6022 |
Shimar Jamal Dean Thompkins v. United States |
Sixth Circuit |
2022-11-08 |
Denied |
Response WaivedIFP |
circuit-precedent criminal-law criminal-procedure diversionary-disposition due-process federal-charging federal-jurisdiction judicial-interpretation sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
Whether a defendant's prior diversionary disposition in a felony case can be considered both an indictment and a conviction for federal charging and s… |
| 22-6023 |
Tonatihu Aguilar v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-11-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure eighth-amendment juvenile-offender juvenile-sentencing life-without-parole mandatory-sentencing miller-v-alabama parole-abolition sentencing-reform |
When a state abolishes its parole system, does it create a mandatory life-without-parole sentence that, when imposed on a juvenile homicide offender, … |
| 22-6024 |
Orentha James Pea v. United States |
Fifth Circuit |
2022-11-08 |
Denied |
Response WaivedIFP |
consent consent-search criminal-procedure fernandez-rule fernandez-v-california fourth-amendment physical-presence randolph-exception randolph-v-california search-and-seizure warrantless-search |
Whether the Fourth Amendment requires the objecting party to be physically present on the premises at the time of the search for the objection to be v… |
| 22-6025 |
Christopher Alan Mitchell v. United States |
Sixth Circuit |
2022-11-08 |
Denied |
Response WaivedIFP |
appellate-review concurrent-sentences criminal-procedure district-court final-order finality habeas-corpus section-2255 sentencing sentencing-range statutory-interpretation |
Whether an order granting relief and resentencing under 28 U.S.C. § 2255 is final when the order changes the statutory sentencing range |
| 22-6027 |
Cedric Joseph Rue, Jr. v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2022-11-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure eighth-amendment eighth-amendment-interpretation juvenile-offender juvenile-sentencing life-without-parole mandatory-sentencing parole-abolition sentencing-discretion |
Whether the abolition of parole in Arizona creates a mandatory life-without-parole sentence that violates the Eighth Amendment when imposed on a juven… |
| 22-5997 |
Tarence Kirkland v. New York |
New York |
2022-11-07 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing criminal-verdict cross-examination due-process evidence fair-trial identification legal-sufficiency second-degree-offense weight-of-evidence |
Was the trial court's decision on Rodriguez's identification and use of other crimes and bad acts on cross-examination result in the denial of a fair … |
| 22-5998 |
Jeffrey Wingate v. United States |
Sixth Circuit |
2022-11-07 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3553 bureau-of-prisons criminal-procedure due-process mitigating-evidence rule-35 rule-35-resentencing sentencing sentencing-factors |
Whether due process is violated in a Rule 35(b) resentencing |
| 22-5999 |
Enrique M. Flores-Vazquez v. Denis R. McDonough, Secretary of Veterans Affairs |
Federal Circuit |
2022-11-07 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-law appeals-process due-process evidence evidence-review judicial-mandate judicial-review veterans-affairs |
Authority-to-disregard-mandates |
| 22-6009 |
David Matthew Carter v. South Carolina |
South Carolina |
2022-11-07 |
Denied |
IFP |
civil-procedure confrontation-clause courtroom-removal Crawford-v-Washington criminal-procedure due-process Maryland-v-Craig sixth-amendment trial-rights witness-testimony |
Sixth-Amendment-right-to-be-present |
| 22-422 |
Kendall Streb v. United States |
Eighth Circuit |
2022-11-07 |
Denied |
Response WaivedRelisted (2) |
abuse-of-discretion brady-violation civil-procedure criminal-procedure discovery due-process evidence-concealment government-misconduct hearing prosecutorial-misconduct witness-payments |
Whether the district court abused its discretion in denying a hearing into the government's alleged discovery violations |
| 22-419 |
Cedric Chanu v. United States |
Seventh Circuit |
2022-11-04 |
Denied |
|
circuit-split commodities-exchange criminal-procedure ends-of-justice financial-misrepresentation financial-transaction implied-misrepresentation speedy-trial-act wire-fraud |
Whether the federal wire fraud statute criminalizes any 'implied misrepresentation' that induces another to enter into a financial transaction, even w… |
| 22-5976 |
Ricky Pendleton v. Donnie Ames, Superintendent, Mount Olive Correctional Complex |
West Virginia |
2022-11-04 |
Dismissed |
Response WaivedIFP |
constructive-amendment criminal-procedure double-jeopardy fifth-amendment grand-jury ineffective-assistance-of-counsel ineffective-counsel jurisdiction malicious-assault robbery sixth-amendment |
Question not identified |
| 22-5990 |
Leroy Brooks v. United States |
Third Circuit |
2022-11-04 |
Denied |
Response WaivedIFP |
3553a-factors abuse-of-discretion compassionate-release criminal-justice criminal-procedure district-court district-court-discretion extraordinary-reasons judicial-review sentence-reduction sentencing |
Whether the district court abused its discretion in denying Petitioner's motion for compassionate release/reduction in sentence |
| 22-5991 |
Glenn Randall Ferguson v. United States |
Tenth Circuit |
2022-11-04 |
Denied |
Response WaivedIFP |
18-usc-4241 child-pornography competency criminal-competency criminal-procedure due-process evidence federal-courts mental-health rule-403 |
When a district court has found a criminal defendant to be incompetent, is it sufficient to reverse the finding based solely on professional opinions … |
| 22-5992 |
Andre Jenkins v. United States |
Second Circuit |
2022-11-04 |
Denied |
Response WaivedIFP |
circumstantial-evidence criminal-conviction criminal-procedure due-process joint-defense motion-for-acquittal severance trial-procedure witness-credibility |
Sufficiency-of-evidence |
| 22-5993 |
Malik Ross v. United States |
Eighth Circuit |
2022-11-04 |
Denied |
Response RequestedResponse WaivedRelisted (10)IFP |
criminal-procedure due-process fifth-amendment preponderance-of-evidence reasonable-doubt sentencing sentencing-guidelines substantive-reasonableness |
Does a judge deny a defendant's Fifth Amendment rights by increasing a prison sentence based on disputed facts the Court did not find beyond a reasona… |
| 22-5994 |
Kevin Leon Lucien v. Texas |
Texas |
2022-11-04 |
Denied |
IFP |
criminal-procedure duty-to-investigate ineffective-assistance ineffective-assistance-of-counsel mental-health mitigating-evidence punishment standard-of-review trial-counsel voluntary-intoxication |
Was trial counsel ineffective for failing to investigate and present evidence of voluntary intoxication as mitigating evidence at punishment? |
| 22-5981 |
Jose Refugio Nieto-Uribe v. United States |
Fifth Circuit |
2022-11-03 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process judicial-interpretation legal-precedent recidivism sentencing stare-decisis statutory-interpretation supreme-court-precedent |
Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) should be overruled |
| 22-5985 |
Islam Yaser-Abdel Said v. United States |
Fifth Circuit |
2022-11-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge criminal-defendants criminal-procedure facial-attacks facial-vagueness first-amendment johnson-v-united-states sentencing-review substantive-reasonableness substantive-reasonableness-review unconstitutionally-vague |
Whether criminal defendants challenging a statute as unconstitutionally vague may raise facial attacks in cases not involving the First Amendment? |
| 22-5986 |
Raymond Howard v. United States |
Third Circuit |
2022-11-03 |
Denied |
Response WaivedIFP |
6th-amendment confrontation-clause criminal-procedure due-process expert-witness late-notice |
Whether the District Court's decision to allow the testimony of the Government's key expert witness over the Petitioner's objection based on late noti… |
| 22-5988 |
Clemente Hernandez-Garcia v. United States |
Ninth Circuit |
2022-11-03 |
Denied |
Response WaivedIFP |
appellate-review batson-challenge batson-v-kentucky criminal-procedure discriminatory-intent equal-protection judicial-standard ninth-circuit peremptory-challenges peremptory-strike racial-discrimination |
If a trial court legally errs at step three of Batson, may an appellate court resolve the factual question of whether a party acted with discriminator… |
| 22-5970 |
David Antoine Luster v. R. M. Wolfe, Warden |
Fourth Circuit |
2022-11-02 |
Denied |
Response WaivedIFP |
18-usc-2113(d) 924(c)(3)(a) armed-bank-robbery borden-v-united-states categorical-approach criminal-procedure mens-rea plea-bargaining sentencing statutory-interpretation |
Whether the Armed Bank Robbery charged as a predicate to Mr. Luster's §924(c)(1)(A)(i) and (ii) convictions includes a mens rea of recklessness or ins… |
| 22-5977 |
Bonerge Benitez-Marquez v. United States |
Fifth Circuit |
2022-11-02 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5978 |
Richard R. Crawford v. United States |
Sixth Circuit |
2022-11-02 |
Denied |
Response WaivedIFP |
arbitrary-and-capricious arbitrary-capricious certificate-of-appealability constitutional-rights criminal-procedure detention-versus-arrest due-process evidentiary-hearing sworn-testimony |
Whether a determination by the lower courts that the officers only detained the petitioner, and not arrested him, which finding was in direct conflict… |
| 22-5980 |
Arius Hopkins v. United States |
Second Circuit |
2022-11-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial federal-rules-of-evidence grand-jury rule-404(b) trial-fairness |
Whether the admission of evidence of prior alleged conduct similar to the crime on trial and dismissed by a grand jury, which was noticed for one purp… |
| 22-5956 |
Charles Wallace v. Louisiana |
Louisiana |
2022-11-01 |
Dismissed |
Response WaivedIFP |
14th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection jury-trial jury-unanimity retroactivity state-constitution state-jurisdiction |
Whether non-unanimous jury instructions are constitutional |
| 22-5962 |
Marquis Donte Brown v. United States |
Ninth Circuit |
2022-11-01 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process judicial-review post-booker-hearing safety-valve sentencing-discretion sentencing-guidelines statutory-interpretation |
Whether the district court erred by imposing an unlawful sentence contrary to the mandates of § 3553(a) and §3553(f)(5) which preclude use of informat… |
| 22-5964 |
Shaun Michael Farrington v. United States |
Eighth Circuit |
2022-11-01 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process impartial-jury implied-bias judicial-discretion jury-impartiality sixth-amendment standing |
Whether the Sixth Amendment right to an impartial jury is impacted when circumstances indicate implied bias but the court allows the juror to sit beca… |
| 22-5966 |
Malachi Henessey Rodriguez v. Minnesota |
Minnesota |
2022-11-01 |
Denied |
Response WaivedIFP |
burden-of-proof character-evidence civil-rights coercion consent constitutional-rights criminal-procedure due-process evidence-admission reasonable-doubt |
The state failure to prove beyond a reasonable doubt that the petitioner used coercion |
| 22-5967 |
Hunter Halver Brown v. Alabama |
Alabama |
2022-11-01 |
Denied |
IFP |
covid-19 covid-restrictions criminal-procedure due-process evidence interstate-agreement-on-detainers restitution speedy-trial trial-timeline |
whether-interstate-agreement-on-detainers-act-was-violated |
| 22-5968 |
Grant Manaku v. United States |
Ninth Circuit |
2022-11-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourth-amendment law-enforcement rule-41 search-warrant warrant-service |
Did the agents deliberately violate the federal rule of criminal procedure—Rule 41(f)(1)(C)—that requires agents to serve a warrant when that warrant … |
| 22-5936 |
Demetrius Troy Bradley v. Michigan |
Michigan |
2022-10-31 |
Denied |
IFP |
acquitted-conduct constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial jury-trial-rights sentencing sentencing-discretion sixth-amendment |
Do the jury-trial and due process guarantees of the Sixth and Fourteenth Amendments prohibit judges from considering, at sentencing in a criminal case… |
| 22-5947 |
Kevin Johnson v. Missouri |
Missouri |
2022-10-31 |
Denied |
IFP |
criminal-procedure criminal-trial death-penalty eighth-amendment juror-misconduct juvenile-justice mental-health mental-impairment racial-bias |
Whether the retrial and death sentence of a 19-year-old offender with mental impairments remedied the constitutional violation from the first trial wi… |
| 22-5949 |
Oswaldo Omar Ramirez-Ortiz v. United States |
Fifth Circuit |
2022-10-31 |
Denied |
Response WaivedIFP |
case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5950 |
Antonio Ramirez-Juan v. United States |
Fifth Circuit |
2022-10-31 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey court-of-appeals criminal-procedure due-process fifth-circuit jury-trial legal-review sentencing supreme-court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5953 |
Robert Lee Swinton v. New York |
New York |
2022-10-31 |
Denied |
Response WaivedIFP |
appeal-of-right appellate-procedure constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel notice-of-appeal procedural-default right-to-appeal |
Whether counsel can fail to file a Notice of Appeal after a defendant has shown a desire to appeal |
| 22-399 |
Adam Dean Brown v. Florida Department of Corrections |
Eleventh Circuit |
2022-10-31 |
Denied |
|
accident-reconstruction burden-of-proof certificate-of-appealability criminal-procedure criminal-trial due-process evidence expert-testimony ineffective-assistance-of-counsel prosecutorial-misconduct traffic-accident |
Did Petitioner satisfy the burden for the issuance of a certificate of appealability on his ineffective-assistance-of-counsel claims |
| 22-402 |
James Vorley v. United States |
Seventh Circuit |
2022-10-31 |
Denied |
|
circuit-split criminal-procedure district-court ends-of-justice implied-misrepresentation speedy-trial-act statutory-interpretation wire-fraud |
Whether a 'scheme or artifice to defraud' under the wire fraud statute encompasses an 'implied misrepresentation' |
| 22-398 |
Marcos F. Santiago v. J. C. Streeval |
Seventh Circuit |
2022-10-28 |
Denied |
Relisted (2) |
criminal-law criminal-procedure due-process felon-status knowledge-requirement post-conviction-relief postconviction-relief rehaif-standard rehaif-v-united-states sentencing-relief |
Whether a felon who has spent less than a year in custody is entitled to a presumption that he lacked knowledge of his felon status and therefore, abs… |
| 22-5931 |
Anthony Michael D'Amico v. United States |
Eleventh Circuit |
2022-10-28 |
Denied |
Response WaivedIFP |
arrest criminal-procedure due-process fair-trial juror juror-observation sixth-amendment witness witness-arrest |
Whether a person's Sixth Amendment right to a fair trial is violated when a juror witnesses a critical defense witness arrested outside the courtroom … |
| 22-5940 |
Hugo Villarreal-Solis v. United States |
Fifth Circuit |
2022-10-28 |
Denied |
Response WaivedIFP |
appeals compassionate-release criminal-justice criminal-procedure due-process fifth-circuit habeas-corpus judicial-discretion motion sentencing |
Whether it was error for the Fifth Circuit to deny Solis' motion for compassionate release? |
| 22-5941 |
Albert L. Watson v. Stu Sherman, Warden, et al. |
Ninth Circuit |
2022-10-28 |
Denied |
IFP |
constitutional-provisions criminal-procedure due-process en-banc-hearing ninth-circuit penal-code procedural-rules reasoned-opinion sixth-amendment state-law state-penal-code |
Was the district court's use of state penal code justifying violation of sixth amendment correct |
| 22-5924 |
Carl Jones v. Pennsylvania |
Pennsylvania |
2022-10-27 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review constitutional-law constitutional-review criminal-procedure due-process evidentiary-standard legal-sufficiency self-defense standard-of-review sufficiency-of-evidence |
Does the well-settled standard and scope of review governing claims a standard and scope of constitutional dimension prohibit an appellate court from … |
| 22-5930 |
Davon Young v. United States |
Second Circuit |
2022-10-27 |
Denied |
Response WaivedIFP |
cause-and-prejudice circuit-split criminal-procedure criminal-statute habeas-corpus post-conviction-relief rehaif-v-united-states statutory-interpretation |
Whether the Reed rule applies to a Rehaif v. United States claim |
| 22-5908 |
Giles McGhee v. Darrel Vannoy, Warden |
Fifth Circuit |
2022-10-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment in-re-winship ineffective-assistance jackson-v-virginia reasonable-doubt sixth-amendment |
Did the State fail to meet its burden of proof beyond a reasonable doubt that Mr. McGhee was guilty of two Counts of First Degree Murder? |
| 22-5912 |
William Gonzalez-Ramirez v. United States |
Fifth Circuit |
2022-10-26 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5914 |
Dominique Lamar Johnson v. United States |
Fifth Circuit |
2022-10-26 |
Denied |
Response WaivedIFP |
18-usc-3583 administrative-violations criminal-procedure criminal-supervision district-court-discretion due-process liberty liberty-deprivation sentencing sentencing-guidelines statutory-interpretation |
Whether the District Court acted excessively by sentencing Petitioner to a sentence two and half times above the supervision guideline range for admin… |
| 22-5916 |
Randy Lee Lassiter, Jr. v. Virginia |
Virginia |
2022-10-26 |
Denied |
IFP |
brady-disclosure constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial |
Whether the government's failure to disclose exculpatory evidence violated the petitioner's due process rights and right to a fair trial |
| 22-5917 |
In Re John David Stahlman |
|
2022-10-26 |
Denied |
IFP |
criminal-procedure discovery discovery-rights due-process fair-trial federal-rules-of-evidence habeas-corpus harmless-error |
Did the court of appeals violate the petitioner's rights to a fair trial, due process, and discovery? |
| 22-5921 |
Antwoyn Terrell Spencer v. United States District Court for the District of Minnesota |
Eighth Circuit |
2022-10-26 |
Dismissed |
Response WaivedIFP |
civil-rights criminal-procedure criminal-proceeding due-process grand-jury indictment mandamus personal-jurisdiction standing subject-matter-jurisdiction |
Whether the district court lacked subject-matter and personal jurisdiction in the petitioner's criminal proceedings |
| 22-5900 |
Robert Bethel v. Ohio |
Ohio |
2022-10-25 |
Denied |
IFP |
brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea impeachment-evidence united-states-v-ruiz |
Whether there is a fundamental difference between material exculpatory and impeachment evidence when a guilty plea is involved, and does due process r… |
| 22-5909 |
Timmy Doucet v. Tim Hooper, Warden |
Fifth Circuit |
2022-10-25 |
Denied |
Response WaivedIFP |
brady-material criminal-procedure due-process expert-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia reasonable-doubt sixth-amendment |
Insufficient evidence to convict beyond reasonable doubt |
| 22-5889 |
Michael Paul Jessup v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-10-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
8th-amendment constitutional-law criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole mandatory-sentencing parole-abolition sentencing |
When a state abolishes its parole system, does it create a mandatory life-without-parole sentence that, when imposed on a juvenile homicide offender, … |
| 22-5890 |
Ronald William Brooks v. United States |
Fifth Circuit |
2022-10-24 |
Denied |
Response WaivedIFP |
appellate-waiver constitutional-challenge constitutional-law criminal-procedure due-process habeas-corpus miscarriage-of-justice plea-agreement plea-bargaining post-conviction-relief section-2255 |
Whether a boilerplate waiver of appellate and post-conviction rights bars a claim under 28 U.S.C. § 2255 that the defendant stands convicted of a non-… |
| 22-5893 |
Christopher Tavaris Dean v. Florida |
Florida |
2022-10-24 |
Denied |
Response WaivedIFP |
apprendi-exception apprendi-v-new-jersey criminal-procedure criminal-sentencing jury-clause prior-record-exception prison-releasee-reoffender sentencing-enhancement sixth-amendment state-prison |
Whether a sentencing court violates the Sixth Amendment's Jury Clause when it rather than the jury finds that the defendant committed the offense with… |
| 22-5875 |
Bryan Protho v. United States |
Seventh Circuit |
2022-10-21 |
Denied |
Response WaivedIFP |
18-usc-3509 child-victim closed-circuit-testimony criminal-procedure district-court district-court-procedure statutory-interpretation testimony two-way-closed-circuit-television witness-testimony |
Whether 18 U.S.C. § 3509 requires a district court to question a child victim on the record before introducing the child victim's testimony at trial v… |
| 22-5882 |
Allen Calligan v. Frank Vanihel, Warden |
Seventh Circuit |
2022-10-21 |
Denied |
Response WaivedIFP |
criminal-procedure habitual-offender ineffective-assistance ineffective-assistance-of-counsel informal-plea-offer plea-bargaining prejudice sentencing sixth-amendment |
Was Mr. Calligan's attorney ineffective for failing to inform him of the informal plea offer from the prosecutor, which prejudiced Mr. Calligan by cau… |
| 22-5869 |
Carlos Ivan Chavira-Montanez v. United States |
Fifth Circuit |
2022-10-19 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres apprendi constitutional-interpretation criminal-law criminal-procedure due-process judicial-review precedent-analysis sentencing statutory-construction supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5870 |
Rodney Marshall v. Brian Williams, Warden, et al. |
Ninth Circuit |
2022-10-19 |
Denied |
Response WaivedIFP |
appeal certificate-of-appealability criminal-procedure criminal-sentencing double-jeopardy due-process fair-trial ninth-circuit sentencing |
Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether Mr. Marshall's right to be free from double jeopa… |
| 22-5847 |
Lindsey Orr v. United States |
Eleventh Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-sentencing judicial-discretion judicial-review sentencing sentencing-guidelines statutory-interpretation term-of-imprisonment |
When are the 3553(c) factors satisfied? |
| 22-5854 |
Willie Ricardo Gordon v. United States |
Fourth Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
appeal criminal-procedure drug-crimes drug-weights fourth-circuit obstruction-of-justice presentence-investigation presentence-investigation-report sentencing |
Did the trial court err in accepting the findings of the presentence investigation report, regarding the weights of the drugs attributable to Mr. Gord… |
| 22-5856 |
Tracy J. McGill v. Oklahoma Department of Corrections |
Oklahoma |
2022-10-18 |
Denied |
IFP |
civil-rights criminal-procedure due-process federal-indian-law federal-law habeas-corpus jurisdiction state-court subject-matter-jurisdiction unreasonable-determination |
Whether Oklahoma Court of Criminal Appeals' denial of petitioner's jurisdictional claim resulted in an unreasonable determination of the facts |
| 22-5858 |
Heather Nicole Trogdon v. United States |
Eighth Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment criminal-procedure eighth-circuit evidence fourth-amendment inevitable-discovery inventory-search policy probable-cause |
Does the inevitable discovery doctrine apply when it is based on the expectation that an inventory search of an arrestee's backpack will occur at the … |
| 22-5862 |
Gregory Ramos v. United States |
Second Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
appeal constitutional-right criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel second-circuit sixth-amendment |
Whether the Second Circuit's determination that Petitioner was not denied his right to the effective assistance of counsel consistent with the Sixth A… |
| 22-5865 |
Charles Smith v. United States |
Ninth Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
appeal appellate-procedure criminal-conviction criminal-procedure jurisdiction jurisdictional-defect ninth-circuit plea-agreement sentencing waiver |
Whether the Ninth Circuit erred in dismissing the appeal |
| 22-5867 |
Monica McCarrick v. Janelle Espinoza, Warden |
Ninth Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence first-degree-murder meaningful-defense mental-health paranoid-delusions premeditation trial-court-evidence |
Does an objectively unreasonable violation of the Constitutional right to present a meaningful defense occur when a trial court prevents a defendant f… |
| 22-5851 |
Siaosi Vanisi v. William Reubart, Acting Warden |
Nevada |
2022-10-17 |
Denied |
IFP |
competency criminal-procedure double-jeopardy gross-negligence intent-requirement mental-competency oregon-v-kennedy self-representation |
Does gross negligence satisfy the intent requirement for double jeopardy? |
| 22-5825 |
Ahmed R. Morning v. Tim Hooper, Warden |
Fifth Circuit |
2022-10-14 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure cruel-and-unusual-punishment due-process judicial-discretion jurisdiction ramos-v-louisiana retroactive-application retroactivity sentencing sentencing-review |
Whether the State trial court erred by imposing an unconstitutionally harsh and excessive sentence? |
| 22-5826 |
Alonzo Peters v. United States |
Fifth Circuit |
2022-10-14 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland conspiracy criminal-law criminal-procedure drug-trafficking due-process fifth-circuit kyles-v-whitley suppressed-evidence witness-testimony |
Whether a defendant's convictions for conspiracy and drug trafficking conspiracy must be vacated |
| 22-5828 |
DeShaun Bullock v. United States |
Eighth Circuit |
2022-10-14 |
Denied |
Relisted (10)IFP |
acquittal criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-5840 |
Joseph Shook v. Florida, et al. |
Eleventh Circuit |
2022-10-14 |
Denied |
IFP |
constitutional-rights criminal-trial due-process evidence evidence-admission evidentiary-hearing ineffective-assistance-of-counsel ineffective-counsel jury-selection life-sentence prejudice prejudicial-testimony right-to-remain-silent |
Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights |
| 22-5829 |
Montana Barronette, Brandon Wilson, John Harrison, Linton Broughton, Terrell Sivells, Taurus Tillman, Timothy Floyd, and Dennis Pulley v. United States |
Fourth Circuit |
2022-10-13 |
Denied |
Response WaivedIFP |
6th-amendment courtroom-access criminal-procedure due-process family-attendance family-friends public-trial public-trial-clause sixth-amendment |
Does the Public Trial Clause require heightened protection for courtroom access for defendants' family and friends? |
| 22-5833 |
Carlos Alejandro Zuniga-Garcia v. United States |
Fifth Circuit |
2022-10-13 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure federal-criminal-procedure federal-law fifth-circuit leader-organizer-role leader-role preponderance-of-evidence sentencing-enhancement sentencing-guidelines |
Whether the Fifth Circuit violated federal law in sentencing review |
| 22-348 |
Floyd Tayler v. Washington |
Washington |
2022-10-13 |
Denied |
Response WaivedRelisted (2) |
aggravating-factors criminal-procedure criminal-sentencing domestic-violence jury-instruction jury-instructions pattern-aggravator reasonable-doubt statutory-interpretation unanimity |
Must the jury be unanimously instructed to find each underlying domestic violence incident beyond a reasonable doubt? |
| 22-5810 |
Martin Perez-Barrios v. United States |
Fifth Circuit |
2022-10-12 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5811 |
Matthew Poulin v. United States |
Seventh Circuit |
2022-10-12 |
Denied |
Response WaivedIFP |
alcohol-consumption alcohol-prohibition appeal criminal-procedure district-court due-process reasonableness sentencing supervised-release unreasonable-sentence |
Whether the district court erred in sentencing Mr. Poulin to twelve months considering the circumstances of the case |
| 22-5814 |
Christopher Allan Allred v. Washington |
Washington |
2022-10-12 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure critical-stage cruel-and-unusual-punishment death-penalty due-process eighth-amendment execution mental-illness rational-understanding right-to-counsel sixth-amendment |
Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that … |
| 22-5818 |
In Re Errol Victor, Sr. |
|
2022-10-12 |
Denied |
IFP |
civil-rights constitutional-privileges criminal-procedure due-process equal-protection fourteenth-amendment habeas-corpus jury-selection racial-discrimination speedy-trial trial-rights |
Whether the Louisiana Supreme Court violated the Fourteenth Amendment's Due Process and Equal Protection Clauses by denying petitioner's request for a… |
| 22-5821 |
Felipe Noriega, Jr. v. United States |
Eighth Circuit |
2022-10-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process fourth-amendment reasonable-suspicion search-and-seizure seizure traffic-stop |
Whether the Fourth Amendment allows a police officer to extend a concluded traffic stop based on minimal, if any, suspicious factors |
| 22-5824 |
Edward Tyrone Ridley v. Antoine Caldwell, Warden |
Eleventh Circuit |
2022-10-12 |
Denied |
IFP |
civil-rights constitutional-challenge criminal-procedure due-process ex-post-facto federal-custody habeas-corpus illegal-detention judicial-review procedural-rights sex-offender-registration takings |
Whether the Georgia statute OCGA 42-1-12 violates the Due Process Clause and the Ex Post Facto Clause of the U.S. Constitution |
| 22-5801 |
Steven Nelson Murray v. Jerry Howell, Warden, et al. |
Ninth Circuit |
2022-10-11 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver procedural-default sixth-amendment |
When a criminal defendant must make a personal decision whether to waive a fundamental constitutional right, does an attorney provide deficient perfor… |
| 22-5785 |
Robert Alan Fratta v. Texas |
Texas |
2022-10-07 |
Denied |
IFP |
attorney-neglect constitutional-compliance criminal-procedure grand-jury habeas-corpus indictment pro-se state-courts state-procedure supreme-court-precedent |
Whether state courts are required to accept and rule on the merits of claims presented in writs of habeas corpus by prisoners who dismiss their attorn… |
| 22-5789 |
Rodney Donta Jackson v. Minnesota |
Minnesota |
2022-10-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process juror-misconduct post-verdict-hearing post-verdict-hearings public-trial sixth-amendment trial-procedure |
Does the Sixth Amendment right to a public trial extend to postverdict hearings investigating potential juror misconduct? |
| 22-5795 |
Kevin White, Jr. v. Michigan |
Michigan |
2022-10-07 |
Denied |
IFP |
appellate-review civil-procedure constitutional-rights criminal-procedure due-process evidence evidence-admission judicial-discretion jurisdiction trial-procedure venue |
Whether the district court erred in dismissing the case for improper venue where the indictment indicated that the alleged crime by the defendant occu… |
| 22-5796 |
James Edward Rose v. South Carolina, et al. |
Fourth Circuit |
2022-10-07 |
Denied |
IFP |
brady-violation civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct sovereign-citizen standing ucc-1-308 |
Whether the petitioner's reserved rights under the Uniform Commercial Code (UCC) and status as a 'private man' exempt him from criminal prosecution an… |
| 22-5779 |
James Michael Johnson v. United States |
Fourth Circuit |
2022-10-06 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure due-process evidence evidence-sufficiency jury-instructions money-laundering standard-of-review sufficiency-of-evidence wire-fraud |
Whether the evidence at trial was insufficient to convict the petitioner of wire fraud and money laundering |
| 22-5780 |
James F. Snyder v. Washington |
Washington |
2022-10-06 |
Denied |
IFP |
ada civil-rights constitutional-law criminal-procedure disability-rights due-process habeas-corpus judicial-review legal-standing sentencing |
Can courts really charge a disabled man with any drug crimes when there was no drugs in any bodies' possession or on any of them? |
| 22-5782 |
Matthew Tassin v. United States |
Eleventh Circuit |
2022-10-06 |
Denied |
Response WaivedIFP |
28-usc-2255 circuit-court circuit-court-authority criminal-procedure district-court federal-prisoner ineffective-assistance ineffective-counsel resentencing section-2255 sentencing-authority statutory-interpretation |
Whether a Circuit Court can limit the authority of a district court to resentence a federal criminal defendant or correct a criminal sentence 'as may … |
| 22-5784 |
Kevin Antonio Watson v. Virginia |
Virginia |
2022-10-06 |
Denied |
IFP |
14th-amendment 6th-amendment criminal-procedure due-process false-evidence ineffective-assistance-of-counsel |
Whether Petitioner's trial counsel's actions violated the 6th and 14th Amendments of the Federal Constitution |
| 22-5764 |
Lynn Richard Norton v. David Barker, et al. |
Sixth Circuit |
2022-10-05 |
Denied |
IFP |
appeal-dismissal civil-procedure civil-rights court-costs criminal-procedure due-process indigent-litigant malicious-prosecution prosecutorial-discretion statute-of-limitations wrongful-conviction |
Whether the law suit has been wrongly dismissed under Tennessee Code Section 18-1106 State of Limitation, when filed two years later of the incident, … |
| 22-5769 |
Donovan Lemont Bookman v. United States |
Fifth Circuit |
2022-10-05 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-5771 |
Shawn Canada v. Olmsted County Community Corrections, All Staff Members, et al. |
Eighth Circuit |
2022-10-05 |
Denied |
IFP |
8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process proportionality prosecutorial-misconduct sentencing supreme-court-review |
Whether the Eighth Amendment's prohibition on cruel and unusual punishment requires that a defendant be sentenced to a term of imprisonment that is pr… |
| 22-318 |
Ronald Tai Young Moon, Jr. v. United States |
Eleventh Circuit |
2022-10-05 |
Denied |
Response Waived |
6th-amendment constitutional-rights criminal-procedure forfeiture public-trial sixth-amendment waiver |
What is the standard for finding a waiver (as opposed to mere forfeiture) of the Sixth Amendment right to a 'public trial?' |
| 22-5746 |
Chrystal Clues-Alexander v. Louisiana |
Louisiana |
2022-10-04 |
Denied |
Response WaivedIFP |
constitutional-waiver criminal-procedure due-process guilty-plea jury-unanimity plea-bargaining plea-withdrawal ramos-retroactivity retroactivity right-to-jury-trial unanimous-jury |
Whether this Court's decision in Ramos v. Louisiana, 590 U.S. __ (2020), provides grounds for a defendant to withdraw her pre-Ramos plea of guilty bef… |
| 22-5749 |
Justin Jamal Warner v. South Carolina |
South Carolina |
2022-10-04 |
Dismissed |
IFP |
criminal-defendant-rights criminal-procedure due-process eyewitness-identification in-camera-hearing law-enforcement-procedure out-of-court-identification police-misconduct reliability-standard surveillance-video unreliable-evidence video-identification |
Whether a criminal defendant is entitled to an in camera hearing on the reliability of an out-of-court identification made through video technology un… |
| 22-5751 |
Mark Ryan Shipley, aka Marc R. Shipley, aka Marc Ryan Shipley v. United States |
Ninth Circuit |
2022-10-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-law criminal-procedure due-process federal-firearms-law felon-in-possession mens-rea rehaif statutory-interpretation |
Does the knowingly element apply to U.S.C. §921(a)(20)? |
| 22-5759 |
Andrew Robertson v. Massachusetts |
Massachusetts |
2022-10-04 |
Denied |
IFP |
criminal-procedure due-process evidence indictment judicial-discretion prosecutorial-misconduct |
Whether the judge abused his discretion in denying the defendant's motion to dismiss the indictment due to prosecutorial misconduct |
| 22-5762 |
Jonathan Mattox v. Arizona |
Arizona |
2022-10-04 |
Denied |
Response WaivedRelisted (2)IFP |
appeal arizona-rule-criminal-procedure civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-counsel newly-discovered-evidence post-conviction-relief sentencing standard-of-review statutory-interpretation |
Correct interpretation of ARS 28-1382(A) and how it should be applied |
| 22-5763 |
Benjamin Justin Brownlee v. New York |
Second Circuit |
2022-10-04 |
Denied |
IFP |
brady-violation criminal-procedure discovery due-process exculpatory-evidence ineffective-assistance-of-counsel medical-evidence prosecutorial-misconduct right-to-defense |
Whether the trial court erred in denying the defendant's motion to dismiss the indictment due to a Brady violation |
| 22-5720 |
Mark Julian Edmonds v. United States |
Fifth Circuit |
2022-10-03 |
Denied |
Response WaivedIFP |
acca armed-career-criminal-act constitutional-interpretation criminal-procedure habeas-corpus jurisdictional-challenge procedural-standard residual-clause sentencing sentencing-enhancement unconstitutional |
Whether Mr. Edmonds was required to prove that it is 'more likely than not' that the sentencing judge 'actually relied on' the ACCA's unconstitutional… |
| 22-5730 |
Quincy Campbell v. United States |
Seventh Circuit |
2022-10-03 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof coconspirator-testimony criminal-procedure due-process judicial-error relevant-conduct sentencing sentencing-guidelines |
Whether the district court erred in sentencing the defendant |
| 22-5731 |
Jonathan D. Carr v. Kansas |
Kansas |
2022-10-03 |
Denied |
IFP |
capital-trial confrontation-clause criminal-procedure eligibility-phase selection-phase sentencing-phase sixth-amendment witness-confrontation |
Whether the Sixth Amendment's Confrontation Clause secures an accused's right to confront witnesses against him throughout the sentencing phase of a c… |
| 22-5732 |
Richard Michael Arrington v. Wisconsin |
Wisconsin |
2022-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure interrogation jail-informant maine-v-moulton massiah-v-united-states recording-device right-to-counsel sixth-amendment state-agent united-states-v-henry |
Whether the Sixth Amendment right to counsel was violated when a jail informant recorded conversations with the accused about his pending case after b… |
| 22-5733 |
Robert Brown, II v. United States |
Sixth Circuit |
2022-10-03 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-trial evidence fair-trial jury jury-bias perjury perjury-evidence rico rico-conspiracy sixth-amendment |
Whether the District Court's denial of admission of evidence regarding a Government cooperating witness committing perjury was error and affected the … |
| 22-5735 |
Thomas A. Scott v. Lonnie Oliver, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2022-10-03 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment fourth-amendment judicial-integrity judicial-review manifest-injustice sixth-amendment |
Does the judgement of sentence represent a manifest injustice warranting the supervisory powers of this honorable court as it shakes societys confiden… |
| 22-5740 |
Rony Alexander Granados-Ortez v. United States |
Fifth Circuit |
2022-10-03 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-interpretation criminal-law criminal-procedure due-process judicial-review precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5741 |
Anthony Delano Hylton, Jr. v. United States |
Ninth Circuit |
2022-10-03 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure detention-duration fourth-amendment law-enforcement-inquiry prolonged-detention rodriguez-precedent rodriguez-v-united-states traffic-stop |
Does This Court's Decision in Rodriguez v. United States permit any criminal history inquiry at any traffic stop no matter how long the inquiry takes? |
| 22-5743 |
Timothy Love v. California |
California |
2022-10-03 |
Denied |
IFP |
constitutional-rights criminal-procedure plea-bargaining sentencing statutory-interpretation violent-crimes |
Whether the prosecution's driven to plead crimes of violence against multiple people a legal basis to stay pre-sentence for shooting at an occupied ve… |
| 22-5724 |
In Re Chad Small |
|
2022-09-30 |
Denied |
IFP |
compliance-with-rules constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel knowingly-intelligently-voluntarily parties-to-proceeding sixth-amendment |
WHETHER PETITIONER WAS DENIED HIS 6TH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL |
| 22-5725 |
Marty Joe Banghart v. Dan Sullivan, Warden, et al. |
Eighth Circuit |
2022-09-30 |
Denied |
Relisted (2)IFP |
appeals certificate-of-appealability civil-rights criminal-procedure due-process eighth-circuit federal-procedure habeas-corpus standing |
Whether the Eighth Circuit erred in denying Banghart's motion for a certificate of appealability |
| 22-5727 |
Antonio Garrett v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-09-30 |
Denied |
IFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process eleventh-circuit habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction section-2254 |
Whether the Eleventh Circuit Court of Appeals erred in denying Garrett a certificate of appealability on his 28 U.S.C. Section 2254 habeas claim of in… |
| 22-5729 |
Jose Madrid-Becerra v. United States |
Ninth Circuit |
2022-09-30 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure deportation early-release federal-criminal-defendants immigration immigration-law sentencing-guidelines state-statutes |
Whether U.S.S.G. § 4A1.1(d) applies to federal criminal defendants who were previously released from prison pursuant to state statutes authorizing the… |
| 22-5711 |
Joshua Austin Kramer, aka Benjamin Franklin v. United States |
Fourth Circuit |
2022-09-29 |
Denied |
Response WaivedIFP |
criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-resources legal-innocence plea-bargaining plea-withdrawal prejudice withdrawal-of-plea |
Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea |
| 22-5712 |
Ramona I. Morgan v. Gloria Geither |
Tenth Circuit |
2022-09-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure district-court-jurisdiction double-jeopardy due-process habeas-corpus jurisdiction motion-to-vacate prosecutorial-discretion sentencing-review statutory-interpretation |
Should the United States Court of Appeals for the [oth Circuit have granted a Certificate of Appealability to the Petitioner Ramona Morgan? |
| 22-5714 |
Tracy Alan Zornes v. William Bolin, Warden |
Eighth Circuit |
2022-09-29 |
Denied |
Response WaivedIFP |
antiterrorism-and-effective-death-penalty-act-of-1 courtroom-closure criminal-procedure partial-courtroom-closure presley-v-georgia public-trial sixth-amendment voir-dire waller-test waller-v-georgia |
Whether the Sixth Amendment's public trial guarantee, within the review apparatus imposed by the Antiterrorism and Effective Death Penalty Act of 1996… |
| 22-307 |
Michigan v. Marcus Martell McCloud and Bruce Cliffin Edwards |
Michigan |
2022-09-29 |
Denied |
Response Waived |
commonsense-judgments criminal-procedure detention frisk human-behavior law-enforcement officer-experience probable-cause reasonable-suspicion terry-stop weapons-frisk |
Whether the respondents were reasonably detained, and whether a frisk for weapons of a person reasonably detained may be based on commonsense judgment… |
| 22-5691 |
Meamen Jean Nyah v. United States |
Eighth Circuit |
2022-09-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence-rule-404b federal-rules-of-evidence firearms firearms-case judicial-interpretation prior-bad-acts propensity-evidence |
Whether Federal Rule of Evidence 404(b) should be construed as a rule of inclusion resulting in certain admissibility of prior bad acts and use of pro… |
| 22-5705 |
Lateef Alagbada v. United States |
Third Circuit |
2022-09-28 |
Denied |
Response WaivedIFP |
court-order criminal-defendant criminal-procedure extradition final-judgment-rule habeas-corpus international-law pretrial-order repatriation |
Whether a pretrial order denying a motion for repatriation of an incarcerated criminal defendant falls within the exception to the final judgment rule |
| 22-5684 |
Victor Gavillan Martinez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-09-27 |
Denied |
IFP |
14th-amendment 4th-amendment 6th-amendment criminal-procedure due-process evidence-suppression fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment warrantless-search |
Whether Petitioner's Fourth, Sixth, and Fourteenth Amendment Rights to the United States Constitution Require this Court to vacate Petitioner's convic… |
| 22-5694 |
Jonathan Lopez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-09-27 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-defendant criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review judiciary public-confidence standing |
Whether a criminal defendant is required to prove an ineffective-assistance-of-counsel claim on the face of the record? |
| 22-5697 |
Robert Capelli v. United States |
Second Circuit |
2022-09-27 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-law criminal-procedure fourth-amendment private-plane search search-and-seizure vehicle-exception warrant-requirement |
Whether the vehicle exception to the Fourth Amendment's warrant requirement applies to the search of a private plane |
| 22-5699 |
In Re Thomas George Craaybeek |
|
2022-09-27 |
Denied |
Relisted (2)IFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure due-process free-speech habeas-corpus ineffective-assistance sixth-amendment standing takings |
Whether the petitioner's Second Amendment rights were violated by the state's concealed carry restrictions |
| 22-5701 |
Terry Wayne Cope v. United States |
Sixth Circuit |
2022-09-27 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release congress covid-19 criminal-procedure district-court judicial-discretion public-health sentencing |
Does the precedent that a defendant's incarceration during the COVID-19 Pandemic, when the defendant has access to the COVID-19 vaccine, does not pres… |
| 22-5673 |
Juan Amaya Lozano v. Fredrick Entzel, Warden |
Eighth Circuit |
2022-09-26 |
Denied |
IFP |
abuse-of-discretion criminal-procedure due-process effective-assistance-of-counsel interpreter-rights limited-english-proficiency sentencing sentencing-discretion sixth-amendment |
Whether the District Court abused its discretion in failing to provide a Spanish interpreter during critical stages of the defendant's defense |
| 22-5653 |
Deryl Dude Nelson v. Michigan |
Michigan |
2022-09-23 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence-hearing fourth-amendment fraud judicial-misconduct probable-cause standing state-court-procedure warrant-fraud |
Did the state court err in not conducting an evidentiary hearing for petitioner's fraud upon the court and Fourth Amendment issue? |
| 22-5649 |
Graylin Gray v. Scott R. Frakes, Director, Nebraska Department of Corrections, et al. |
Nebraska |
2022-09-22 |
Denied |
Response WaivedIFP |
arraignment court-filing criminal-procedure due-process personal-jurisdiction service-of-process subject-matter-jurisdiction waiver-of-rights |
Whether the district court had subject matter jurisdiction when the amended information was not filed until after the petitioner appeared in court and… |
| 22-5650 |
In Re Bobby D. Hathaway-Bey |
|
2022-09-22 |
Denied |
IFP |
criminal-procedure first-amendment public-access public-trial sentencing sixth-amendment |
Whether the Sixth Amendment's right to a public trial and the First Amendment's right of public access to criminal trials apply to the sentencing phas… |
| 22-5660 |
Jon Anthony Terry v. United States |
Fifth Circuit |
2022-09-22 |
Denied |
Response WaivedIFP |
ability-to-pay criminal-procedure district-court due-process future-assessment hypothetical-means judicial-discretion sentencing special-assessment statutory-interpretation |
Whether a district court may impose a special assessment under 18 U.S.C. 3014(a) based on a defendant's hypothetical future ability to pay, rather tha… |
| 22-5662 |
Sergio Trevino v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-22 |
Denied |
IFP |
constitutional-rights counsel-deficiency criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-inquiry prejudice-standard probation-misadvice reasonable-probability reject-plea-offer waive-right-to-trial |
Whether the possibility of a conviction should affect the prejudice inquiry in an ineffective assistance of counsel claim alleging probation misadvice |
| 22-274 |
Steven Donziger v. United States |
Second Circuit |
2022-09-22 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (8) |
appointments-clause criminal-contempt criminal-procedure executive-power federal-rules-of-criminal-procedure interbranch-appointments judicial-power separation-of-powers special-prosecutor |
Whether Fed. R. Crim. P. 42(a)(2) authorizes judicial appointments of inferior executive officers |
| 22-5638 |
Hector Martinez-Robos v. United States |
Ninth Circuit |
2022-09-21 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instructions mandatory-minimum-sentences mens-rea plain-error sentencing statutory-interpretation |
whether-instructional-error-is-plain |
| 22-5643 |
Derek Lee Casey, Jr. v. Texas |
Texas |
2022-09-21 |
Denied |
IFP |
conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining sentencing trial-counsel |
Whether the trial court and the court of criminal appeals erred by neglecting to address the amended ground in the findings of facts and conclusions o… |
| 22-5620 |
Ebrahim Kalatehe v. United States |
Ninth Circuit |
2022-09-20 |
Denied |
Response WaivedIFP |
appellate-procedure criminal-procedure due-process evidence-collection fourth-amendment judicial-review pen-register standing third-party-doctrine waiver |
Whether the government may use information obtained through a pen register against an individual over whom the government did not obtain a pen registe… |
| 22-5622 |
Todd Matthew Phillips v. Amber Phillips, nka Amber Korpark |
Nevada |
2022-09-20 |
Denied |
IFP |
civil-rights criminal-procedure criminal-statute due-process evidentiary-standard family-court family-law parental-rights standing subject-matter-jurisdiction |
whether-wife-has-standing-to-act-as-private-prosecutor-against-husband |
| 22-5624 |
Tiffany Leigh Marion v. North Carolina |
North Carolina |
2022-09-20 |
Denied |
Response WaivedIFP |
batson-challenge Batson-v-Kentucky criminal-procedure equal-protection plea-bargaining prosecutorial-discretion racial-discrimination |
Whether Batson v. Kentucky and its progeny apply to equal-protection claims challenging a prosecutor's decision on plea-offers based on race |
| 22-5603 |
Faustino Sanchez-Lugo v. United States |
Fifth Circuit |
2022-09-19 |
Denied |
Response WaivedIFP |
alleyne-rule almendarez-torres appellate-procedure apprendi-rule constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5605 |
Jeffrey Ricardo Wimberly v. Michigan |
Michigan |
2022-09-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence pre-arrest-delay speedy-trial |
Whether the state court's denial of the defendant's motion to dismiss for pre-arrest delay violated the defendant's due process rights |
| 22-5606 |
Jesus Guadalupe Amparano-Torres v. United States |
Fifth Circuit |
2022-09-19 |
Denied |
Response WaivedIFP |
case-precedent constitutional-law criminal-procedure due-process fifth-circuit judicial-review legal-challenge sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5597 |
Bernardino Adrian Venzor-Ortega v. United States |
Fifth Circuit |
2022-09-16 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-procedure legal-precedent overrule sentencing sixth-amendment supreme-court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5598 |
Ramiro Montoya-De La Cruz v. United States |
Fifth Circuit |
2022-09-16 |
Denied |
Response WaivedIFP |
alleyne appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5599 |
Denzell Russell v. United States |
Sixth Circuit |
2022-09-16 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-split circuit-split criminal-procedure due-process federal-criminal-procedure federal-rules-of-criminal-procedure judicial-interpretation plain-error plain-error-review standard-of-review statutory-interpretation |
Is the Sixth Circuit's application of plain-error-review under Fed.-R.-Crim.-P.-52(b) in conflict with this Court's decisions? |
| 22-5586 |
Lori Ann Robles v. United States |
Fifth Circuit |
2022-09-15 |
Denied |
Response WaivedIFP |
criminal-procedure discretionary-review mandatory-guidelines rita-v-united-states sentencing velson-v-united-states |
Correct application of presumption of reasonableness of sentences within Guideline range |
| 22-5589 |
Carrie Helen Fine v. Florida |
Florida |
2022-09-15 |
Denied |
Response WaivedIFP |
amendment-challenge appeals constitutional-vagueness criminal-law criminal-procedure criminal-punishment drug-statutes due-process evidence judgment-of-acquittal state-law |
Whether the affirmation of the Appellant Court (that it was proper for trial court to deny Fine's Motions for judgment of Acquittal) was correct |
| 22-5590 |
Robert Nathan Hensley v. United States |
Eighth Circuit |
2022-09-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility ineffective-assistance-of-counsel legal-scrutiny prosecutorial-misconduct sexual-offenses |
Whether the petitioner was denied the effective assistance of counsel where the trial court allowed the introduction of tampered evidence without the … |
| 22-5593 |
Richard Anthony Rodriguez v. California |
California |
2022-09-15 |
Denied |
Response WaivedIFP |
apprendi-rule constitutional-procedure criminal-procedure due-process jury-trial jury-trial-right juvenile-adjudication prior-conviction-exception prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment |
Whether juvenile adjudications obtained without a trial by jury can be used to enhance a defendant's sentence in a later proceeding |
| 22-5564 |
Michael Muthee Munywe v. Washington |
Washington |
2022-09-14 |
Denied |
IFP |
4th-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process jury-interrogation miranda-rights sixth-amendment trial-rights |
Question not identified |
| 22-5575 |
Ronald Mickel v. United States |
Sixth Circuit |
2022-09-14 |
Denied |
Response WaivedIFP |
criminal-procedure domestic-violence due-process indictment sentencing sentencing-enhancement statutory-maximum statutory-minimum violent-felony |
Whether facts increasing statutory maximum must be pleaded and proven |
| 22-5580 |
Derrick Dion Ingram v. United States |
Seventh Circuit |
2022-09-14 |
Denied |
Response WaivedIFP |
administrative-law appellate-review criminal-law criminal-procedure due-process firearm-enhancement firearms guideline-interpretation sentencing-guidelines statutory-construction statutory-interpretation |
Whether the commentary to U.S.S.G. § 2K2.1(b)(6)(B) is inconsistent with the guideline |
| 22-239 |
Krishna Maharaj v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-09-14 |
Denied |
Response Waived |
28-usc-2244 appellate-review court-of-appeals evidence evidence-consideration federal-procedure habeas-corpus jurisdiction jurisdictional-bar successive-petition |
Whether a district court is jurisdictionally barred from considering evidence supporting a claim in a second or successive habeas petition that the co… |
| 22-242 |
Cyrano R. Irons v. United States |
Eighth Circuit |
2022-09-14 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review circuit-split criminal-procedure district-court harmless-error judicial-discretion procedural-error sentencing-guidelines sentencing-procedure |
Whether errors in calculating the Sentencing Guidelines are rendered categorically harmless by the district court's assertion that the Guidelines woul… |
| 22-5560 |
Tyrone Learone McCurdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-13 |
Denied |
IFP |
brady-disclosure brady-violation criminal-procedure due-process perjury prosecutorial-misconduct right-to-fair-trial witness-tampering witness-testimony |
Has the prosecutor suborned perjury? |
| 22-5567 |
Lamar Harris v. United States |
Eighth Circuit |
2022-09-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion plain-error plain-error-review sentencing sentencing-waiver waiver |
Whether sentencing issue is waived where the Defendant raises, but drops an issue as part of a sentencing or subject to plain error review under Fed. … |
| 22-5568 |
Douglas Gordon v. United States |
First Circuit |
2022-09-13 |
Denied |
Response WaivedIFP |
copyright-infringement criminal-conviction criminal-law evidence fair-use first-circuit jury-instructions orphan-works sufficiency-of-evidence willful-conduct |
Whether the sufficiency of the evidence supported the jury's finding that Mr. Gordon acted willfully |
| 22-5576 |
Thoucharin Ruttanamongkongul v. United States |
Eighth Circuit |
2022-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights conspiracy criminal-procedure due-process evidence-admissibility human-trafficking sentencing sentencing-guidelines sex-work sexual-offense statutory-interpretation violent-crime |
Whether there was sufficient evidence to convict petitioner for conspiracy to engage in sex trafficking |
| 22-5577 |
Marvin Davis v. Kevin Genovese, Warden |
Sixth Circuit |
2022-09-13 |
Denied |
Response WaivedIFP |
child-interview child-witness confrontation-clause constitutional-challenge criminal-procedure due-process effective-assistance-counsel forensic-interviewer hearsay hearsay-statements sixth-amendment statutory-interpretation |
Whether the trial court erred in allowing the child video interview and whether T.C.A. section 24-7-123 is unconstitutional? |
| 22-5522 |
Fernando Cazares v. United States |
Ninth Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
appeal certificate-of-appealability conspiracy crime-of-violence criminal-procedure due-process general-verdict pinkerton-conspiracy section-241 section-245 sentencing violent-crime |
Did the court of appeals err in failing to grant a certificate of appealability |
| 22-5548 |
In Re David Moore |
|
2022-09-12 |
Denied |
IFP |
aedpa aedpa-limitations criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-challenge state-court-jurisdiction successive-petition successive-petitions unconstitutional-conviction |
Did Congress intend to preclude as successive under the AEDPA a state prisoner habeas claim that he is held unconstitutionally upon conviction and sen… |
| 22-5551 |
Jose Carmen Barajas-Salvador v. United States |
Fifth Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5558 |
Vince Edward LaSane v. United States |
Eleventh Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
criminal-procedure defense-knowledge due-process felony jury-conviction jury-instructions legal-error minor registration-requirements sex-offender-registration statutory-interpretation |
Whether the district court erroneously denied Mr. Lasane's request that the jury instruction on Count Two (committing a felony offense involving a min… |
| 22-5563 |
Noel Brown v. Pennsylvania, et al. |
Pennsylvania |
2022-09-12 |
Denied |
Relisted (2)IFP |
collateral-review criminal-procedure due-process fourteenth-amendment habeas-corpus plea-bargaining retroactivity right-to-counsel sixth-amendment |
Right to counsel |
| 22-222 |
Abelino "Abel" Reyna, et al. v. John Wilson, et al. |
Fifth Circuit |
2022-09-12 |
Denied |
Response Waived |
42-usc-1983 criminal-procedure due-process franks-rule franks-v-delaware grand-jury judicial-procedure probable-cause search-warrant section-1983 |
Whether Franks authorizes federal courts to disregard a finding of probable cause made by a properly constituted state grand jury |
| 22-5540 |
David Villegas Pereznegron v. United States |
Fifth Circuit |
2022-09-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure judicial-proceedings plain-error-review right-to-allocution sentencing sentencing-allocution substantial-rights |
Whether the plain and prejudicial denial of the right to allocution is an error that ordinarily warrants correction under the fourth prong of plain-er… |
| 22-5546 |
Jhon Albert Carrizales Pretell v. Florida |
Florida |
2022-09-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure |
Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense |
| 22-5523 |
Lawrence Gaines v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions no-adverse-inference strategic-decision trial-counsel |
Whether the court of appeals erred in reversing the district court's decision that trial counsel was ineffective for failing to object to the omission… |
| 22-5529 |
Anthony H. Lett v. United States |
Sixth Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure ineffective-assistance rehaif-standard rehaif-v-united-states standing |
Did the court of appeals err in denying Petitioner's Rehaif v. United States, 139 S.Ct. 204 claim? |
| 22-5530 |
Joseph Ray Jordan v. United States |
Second Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
affirmative-defense brady-rule constitutional-rights criminal-procedure ineffective-assistance-of-counsel post-conviction-relief right-to-testify section-2255 strickland-standard witness-tampering |
Where the defendant made the undisputed claim that trial counsel failed to inform him of an affirmative defense before his right to testify was waived… |
| 22-5533 |
Dario Pinson v. United States |
Eleventh Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
18-usc-3582 18-usc-3582c compassionate-release criminal-procedure due-process habeas-corpus judicial-discretion sentencing |
Whether the district court's failure to properly consider the appropriate factors pursuant to 18 U.S.C. § 3582(c) before denying Mr. Pinson's motion f… |
| 22-5537 |
Joseph William Rendon v. Iowa |
Iowa |
2022-09-08 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment |
Whether the Petitioner Was Provided Trefrecive Assistance of Counse |
| 22-5516 |
Antrell Desharron Lewis v. United States |
Eighth Circuit |
2022-09-07 |
Denied |
Response WaivedIFP |
2255-motion burrage burrage-standard criminal-procedure drug-overdose habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment |
Did trial counsel provide ineffective assistance in light of this court's holding in Burrage by failing to investigate the drug alleged to have caused… |
| 22-205 |
Demetrios Stavrakis, aka Dimitrios Stavrakis, aka Jimmy v. United States |
Fourth Circuit |
2022-09-07 |
Denied |
Response Waived |
circuit-split circumstantial-evidence criminal-procedure evidence-sufficiency federal-court judgment-of-acquittal motion-for-judgment-of-acquittal rule-of-equipoise sufficiency-of-evidence |
Whether a federal court must apply the 'rule of equipoise' and grant a motion for judgment of acquittal when evidence of guilt and innocence is evenly… |
| 22-202 |
Leonardo Nuncio v. Texas |
Texas |
2022-09-06 |
Denied |
|
constitutional-vagueness criminal-procedure due-process first-amendment free-speech harassment-statute obscenity obscenity-test overbreadth texas-penal-code vagueness |
Is Texas's obscene harassment statute unconstitutionally vague and overbroad? |
| 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 |
| 22-5504 |
Rafael Villanueva v. United States |
Fifth Circuit |
2022-09-06 |
Denied |
Response WaivedIFP |
5th-amendment commerce-clause competency criminal-procedure due-process mental-capacity |
Whether the trial court and the Fifth Circuit erred in finding the petitioner competent to stand trial, violating his due process rights |
| 22-5507 |
Edward F. Swanson v. Texas |
Texas |
2022-09-06 |
Denied |
IFP |
appellate-review criminal-procedure double-jeopardy due-process felony-dismissal ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-guidelines strickland-standard |
Whether a judge can dismiss the charges after finding the defendant guilty of a second-degree felony robbery charge |
| 22-5508 |
Hanford Chiu v. United States |
First Circuit |
2022-09-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process exculpatory-evidence federal-rules-of-evidence fourth-amendment good-faith-exception probable-cause search-warrant |
Whether a faulty search warrant that was executed without probable cause and without a good faith exception violates Fourth Amendment protections |
| 22-5511 |
Edmundo Portillo-Rodriguez v. United States |
Fifth Circuit |
2022-09-06 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-law criminal-law criminal-procedure due-process precedent precedent-analysis sentencing statutory-interpretation supreme-court supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5514 |
Roland Scott, Jr. v. United States |
Seventh Circuit |
2022-09-06 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process judicial-discretion jurisdiction sentencing standing statutory-interpretation |
Did the United States Supreme Court overturn its own precedent in Rehaif v. United States, 139 S. Ct. 2191, 204 L. Ed. 2d 594 (2019) |
| 22-5500 |
James R. LaPoint v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-09-02 |
Denied |
IFP |
14th-amendment appellate-record constitutional-rights criminal-procedure direct-appeal due-process fair-trial Hardy-v-United-States incomplete-record Mayer-v-City-of-Chicago sentencing-review |
Do the State courts violate a defendant's 14th-Amendment-right-to-due-process-and-to-a-fair-and-complete-direct-appeal-when-they-become-aware-of-a-mat… |
| 22-5505 |
Elec Elmer Cusick v. Oklahoma |
Oklahoma |
2022-09-02 |
Denied |
IFP |
constitutional-law criminal-procedure habeas-corpus indian-law mcgirt-ruling post-conviction-relief retroactive-application retroactivity subject-matter-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), is a substantive ruling or a procedural ruling |
| 22-5506 |
Kacey Lewis v. Angel Quiros, Commissioner, Connecticut Department of Correction |
Connecticut |
2022-09-02 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review criminal-procedure criminal-trial due-process effective-assistance-of-counsel fair-trial habeas-corpus judicial-discretion state-court-proceedings |
Whether the petitioner was deprived of his rights to a fair trial |
| 22-5483 |
In Re Frank Michael Monte |
|
2022-09-01 |
Denied |
Relisted (2)IFP |
civil-rights criminal-procedure due-process habeas-corpus incarceration sentencing |
Constitutionality of Petitioner's incarceration |
| 22-5484 |
Erika Perez-Garcia v. United States |
Fifth Circuit |
2022-09-01 |
Denied |
Response WaivedIFP |
appellate-review conflict-with-other-courts criminal-procedure district-court holguin-hernandez judicial-discretion sentencing-argument sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 22-5486 |
Hillary Best v. New York City Police Department Sex Offender Unit |
Second Circuit |
2022-09-01 |
Denied |
IFP |
13th-amendment 14th-amendment 4th-amendment 6th-amendment criminal-procedure due-process |
Whether the State Statute, under New York Criminal Procedure Law §100.30(1)(d), is unconstitutional by allowing arrest and detention upon unsworn crim… |
| 22-5487 |
Gabriel Paul Hall v. Texas |
Texas |
2022-09-01 |
Denied |
IFP |
capital-murder criminal-procedure evidence-admission massiah-v-united-states penalty-phase right-to-counsel sixth-amendment state-action state-agent |
Did the TCCA err in holding that the State upheld its 'affirmative obligation to not act in a manner that circumvents the [Sixth Amendment] protection… |
| 22-5492 |
William Wallace v. Florida Commission on Offender Review |
Eleventh Circuit |
2022-09-01 |
Denied |
Response WaivedIFP |
civil-rights criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency judicial-review reasonable-doubt sentencing standing witness-testimony |
Where there has never been any conviction |
| 22-5495 |
Micquel Shemario Thomas v. Michigan |
Michigan |
2022-09-01 |
Denied |
Response RequestedRelisted (2)IFP |
brady-violation criminal-procedure discretionary-review due-process evidentiary-hearing habeas-corpus michigan-supreme-court people-v-ginther post-conviction remand state-court supreme-court-review |
Whether the Michigan Supreme Court's denial of petitioner's delayed application for leave to appeal was contrary to the well-established law in People… |
| 22-5496 |
Vance L. White v. Texas |
Texas |
2022-09-01 |
Denied |
IFP |
court-modification criminal-procedure grand-jury indictment-elements ineffective-assistance-of-counsel judicial-discretion plea-bargaining plea-colloquy sentencing statutory-maximum |
Can the Judge modify the essential elements of the indictment? |
| 22-196 |
Adam Samia, aka Sal, aka Adam Samic v. United States |
Second Circuit |
2022-09-01 |
Judgment Issued |
Amici (7) |
codefendant-confession confrontation-clause constitutional-rights criminal-procedure due-process evidence out-of-court-statement redaction sixth-amendment |
Whether admitting a codefendant's redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates t… |
| 22-5469 |
Jeffrey Beard, II v. United States |
Eleventh Circuit |
2022-08-31 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination hearsay hearsay-evidence obstruction-of-justice sentencing sentencing-guidelines sixth-amendment |
Whether the defendant should have the right to confront a witness whose testimony is offered to enhance the sentencing guidelines sentence for conduct… |
| 22-5477 |
Tracey L. Brown v. United States |
Ninth Circuit |
2022-08-31 |
Denied |
Response WaivedIFP |
career-offender case-law circuit-split criminal-appeal criminal-procedure due-process hobbs-act jurisdiction ninth-circuit sentencing sentencing-guidelines |
Should the Ninth Circuit's decision be vacated due to vacated case law? |
| 22-5480 |
Manuel Ralios-Chajal v. United States |
Fifth Circuit |
2022-08-31 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing |
Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 22-5475 |
Merlin Williams v. Burl Cain, Warden |
Fifth Circuit |
2022-08-30 |
Denied |
Response WaivedIFP |
circumstantial-evidence civil-rights constitutional-rights criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct witness-testimony wrongful-conviction |
Whether the Supreme Court of the United States should review the issues presented |
| 22-5453 |
Hugo F. Marquez v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2022-08-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure cross-examination due-process evidence ineffective-assistance ineffective-assistance-of-counsel interview-tapes right-to-confrontation sex-abuse-case sex-crimes trial-procedure |
Should the Ninth Circuit have denied Marquez's motion for a certificate of appealability on the issue of ineffective assistance of counsel |
| 22-5458 |
Kenneth Lainell Davis v. Florida |
Florida |
2022-08-29 |
Denied |
IFP |
criminal-defendant criminal-procedure criminal-trial due-process eighth-amendment felony jury jury-composition juvenile-sentencing mandatory-minimum sixth-amendment |
Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense |
| 22-5459 |
Jose Socorro Gonzalez-Ruiz v. United States |
Fifth Circuit |
2022-08-29 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process judicial-interpretation legal-precedent recidivism sentencing stare-decisis statutory-interpretation supreme-court-precedent |
Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) should be overruled |
| 22-5460 |
Bradley Lane Croft v. United States |
Fifth Circuit |
2022-08-29 |
GVR |
Relisted (2)IFP |
aggravated-identity-theft circuit-split criminal-procedure discretionary-review federal-question identity-theft money-laundering sufficiency-of-evidence wire-fraud |
Whether an accused commits aggravated-identity-theft by merely uttering-someone's-name |
| 22-5464 |
Barney Adrian Dunlap v. David Mitchell, Superintendent, Lanesboro Correctional Institution |
Fourth Circuit |
2022-08-29 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process federal-constitutional-rights ineffective-assistance jury-instructions lesser-included-offenses state-constitutional-rights |
Has the trial court erred by refusing to instruct the jury on lesser included offenses supported by the evidence, in violation of Dunlap's state and f… |
| 22-5446 |
Jose Francisco Maldonado-Rosa v. United States |
Fifth Circuit |
2022-08-25 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement sentencing waiver waiver-of-rights |
Whether the Fifth Circuit erred by ruling that Mr. Maldonado waived the right to appeal his sentence |
| 22-5450 |
Jermaine Crump v. Joe Errington, Warden |
Fifth Circuit |
2022-08-25 |
Denied |
Response WaivedIFP |
brady-disclosure constitutional-rights criminal-procedure due-process evidence-suppression habeas-corpus harmless-error ineffective-assistance-of-counsel prosecutorial-misconduct standard-of-review |
Whether the district court erred in finding that Crump received effective assistance of trial counsel |
| 22-5428 |
Norman Lafonte Pryor, aka Nc LaFonse Pryor v. Ronald Erdos, Warden |
Sixth Circuit |
2022-08-24 |
Denied |
Response WaivedIFP |
criminal-procedure dna-evidence due-process exculpatory-evidence ineffective-assistance-of-counsel right-to-counsel |
Whether the petitioner was denied effective assistance of counsel due to counsel's failure to adequately communicate with the petitioner and pursue a … |
| 22-5436 |
Oraine D. Brown v. New Jersey |
New Jersey |
2022-08-24 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure discovery discovery-rules due-process judicial-discretion new-jersey-court-rule pre-indictment-discovery prosecutorial-misconduct prosecutorial-motion speedy-trial trial-commencement trial-postponement |
Can a trial judge postpone a trial on its commencement date at the prosecutor's motion for additional discovery without establishing how the opposing … |
| 22-5443 |
Robert L. Davis v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2022-08-24 |
Denied |
Response WaivedRelisted (2)IFP |
burglary-conviction civil-rights constitutional-law criminal-procedure DNA-database due-process ex-post-facto habeas-corpus retroactive-laws standing statutory-interpretation |
Whether the 'imminent danger' of 28 U.S.C. § 1915(g) apply to the time suit was filed or during any later review of the case |
| 22-168 |
Ryan James Deroo v. Illinois |
Illinois |
2022-08-23 |
Denied |
Response Waived |
constitutional-law due-process evidence evidence-rule ex-post-facto hearsay hearsay-exception medical-records retroactive-modification state-rule |
Whether a retroactive modification of a state rule of evidence allowing certain medical records to be admitted as admissible hearsay which was previou… |
| 22-5426 |
Joseph Antonetti v. Timothy Filson, Warden, et al. |
Ninth Circuit |
2022-08-23 |
Denied |
IFP |
autopsy-report certificate-of-appealability confrontation-clause crawford-precedent crawford-v-washington criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner |
Did the courts below err in denying a Certificate of Appealability to review the holdings of the district court and the Nevada Supreme Court that Mr. … |
| 22-5427 |
Jade Christian Nichols v. United States |
Tenth Circuit |
2022-08-23 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure federal-law federal-sentencing preemption sentencing-guidelines state-law statutory-interpretation |
Does a state definition of 'controlled substance' control a federal sentencing enhancement under the Sentencing Guidelines, when the state lists subst… |
| 22-5432 |
Terence Valentine v. Florida |
Florida |
2022-08-23 |
Denied |
IFP |
actual-innocence constitutional-rights criminal-procedure due-process evidentiary-development habeas-corpus jury-trial jury-verdict state-courts |
Whether a state court must allow evidentiary development of actual innocence claims and assess the totality of the case |
| 22-5412 |
Clifton Lee Tribble v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-22 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-collection habeas-corpus judicial-review police-procedure standing witness-testimony |
Whether an increase in a defendant's authorized punishment based solely on the findings of a court, no matter how they label the fact, must be found b… |
| 22-5422 |
Vohn Robert Cooper v. Florida |
Florida |
2022-08-22 |
Denied |
IFP |
criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum |
Whether the sentencing judge violated Cooper's Sixth Amendment right to have a jury determine any fact that increased the statutory maximum in his cas… |
| 22-5374 |
In Re Darris Newsome |
|
2022-08-19 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence evidentiary-admission incarceration incarceration-evidence judicial-discretion transfer-history |
Whether the refusal to allow Baggi's testimony and the denial of an authenticated copy of a transfer history document severely impeded his ability to … |
| 22-5385 |
J. S. v. Texas |
Texas |
2022-08-19 |
Denied |
IFP |
confrontation criminal-procedure due-process juvenile-justice kent-v-united-states sixth-amendment |
Whether the Sixth Amendment right to confrontation extends to a hearing on whether to certify a child as an adult |
| 22-5396 |
Timothy J. Hill v. Oklahoma |
Oklahoma |
2022-08-19 |
Denied |
IFP |
criminal-procedure federal-jurisdiction indian-law mcgirt-case native-american-rights oklahoma-jurisdiction procedural-rule retroactivity statutory-interpretation substantive-rule supreme-court-ruling |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), is a Substantive ruling or a Procedural ruling |
| 22-5399 |
John Afriyie v. United States |
Second Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
attorneys-fees circuit-split corporate-expenses criminal-procedure criminal-restitution mandatory-victims-restitution-act noscitur-a-sociis restitution statutory-interpretation |
Whether Section (b)(4) of the Mandatory Victims Restitution Act limits restitution for 'necessary ... other expenses' to out-of-pocket expenses simila… |
| 22-5400 |
Maurice D. Bell v. United States |
Eighth Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure judicial-discretion plain-error-review preservation-of-error procedural-error sentencing sentencing-procedure |
Whether an appellate court errs under Fed. R. Crim. P. 51 by applying plain error review to a claim of procedural error brought to the sentencing judg… |
| 22-5402 |
Ronnie Jones v. Deanna Brookhart, Warden |
Seventh Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process fair-trial habeas-corpus judicial-review jurisdiction procedural-error sentencing standing |
Whether the Court's imposition of a sentence or judgment lacks constitutional safeguards |
| 22-5403 |
Paul Frederick Stover v. Oregon Board of Parole and Post-Prison Supervision |
Ninth Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense second-degree-assault sixth-amendment strickland-standard strickland-v-washington |
Could reasonable jurists debate whether trial counsel's failure to request a lesser-included offense instruction as an alternative to second degree as… |
| 22-5404 |
Charles Anthony Walker, Jr. v. United States |
Fourth Circuit |
2022-08-19 |
Denied |
IFP |
abduction abduction-definition circuit-split criminal-law criminal-procedure fourth-circuit hobbs-act robbery sentencing-enhancement sentencing-guidelines statutory-interpretation united-states-sentencing-guidelines |
Whether movement of an employee within the confines of a store qualifies as abduction under U.S.S.G. § 2B3.1(b)(4)(A) |
| 22-5405 |
Perry Sawano v. Colorado |
Colorado |
2022-08-19 |
Denied |
IFP |
8th-amendment aggregate-sentence constitutional-interpretation constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment proportionality-analysis proportionality-review sentencing sentencing-review |
Does the Eighth Amendment require a sentencing court to consider a defendant's overall/aggregate sentence when conducting a proportionality review? |
| 22-155 |
Hiral M. Patel v. Connecticut |
Connecticut |
2022-08-18 |
Denied |
Response Waived |
bourjaily-v-united-states confrontation-clause confrontation-rights crawford-v-washington criminal-procedure davis-v-washington due-process dutton-v-evans evidence-admission michigan-v-bryant penal-interest testimonial-statement |
Whether a statement against penal interest made by an inmate/declarant can qualify as a 'testimonial' statement under Crawford v. Washington |
| 22-5354 |
Ricardo L. Noble v. Pennsylvania |
Pennsylvania |
2022-08-18 |
Denied |
IFP |
civil-rights constitutional-rights due-process evidence juvenile-justice juvenile-sentencing miller-rule rehabilitation sentencing sentencing-discretion |
Whether the juvenile life-without-parole sentence is unconstitutional, whether the court abused discretion in sentencing, whether the court relied on … |
| 22-5384 |
In Re Randell Joseph Redmond |
|
2022-08-18 |
Denied |
IFP |
appellate-jurisdiction civil-rights constitutional-claims criminal-procedure due-process equal-protection federal-habeas federal-review habeas-corpus procedural-rights standing |
Whether the United States Court of Appeals for the Fifth Circuit erred in denying the petitioner's request for a writ of habeas corpus |
| 22-5387 |
Ulises Ervey Islas-Macias v. United States |
Fifth Circuit |
2022-08-18 |
Denied |
Response WaivedIFP |
case-review constitutional-rights criminal-procedure due-process fifth-circuit judicial-precedent legal-challenge sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5389 |
Antonio Molina-Rodriguez v. United States |
Fifth Circuit |
2022-08-18 |
Denied |
Response WaivedIFP |
criminal-case criminal-procedure due-process fifth-circuit legal-review precedent recidivism sentencing stare-decisis statutory-interpretation supreme-court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5359 |
Kareem M. Murray v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2022-08-17 |
Denied |
Response WaivedIFP |
28-usc-2254 batson-challenge batson-v-kentucky criminal-procedure federal-review habeas-corpus peremptory-challenges peremptory-strike prosecutorial-discrimination supreme-court-precedent unreasonable-determination-of-facts |
Whether a state trial court's granting of a prosecutor's challenge to a defendant's use of a peremptory strike |
| 22-5365 |
David Steve Elias v. United States |
Fifth Circuit |
2022-08-17 |
Denied |
Response WaivedIFP |
criminal-procedure mandatory-minimum plain-error retroactivity rule-11 sentencing |
Was the District Court's admonishment that the 25-year mandatory minimum sentence applies to Count 4 a Rule 11(b)(1) error that rises to the level of … |
| 22-5369 |
Milton Lee Gardner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-17 |
Denied |
IFP |
confrontation confrontation-clause constitutional-error criminal-procedure due-process habeas-corpus jury-charge juvenile-adjudication juvenile-justice sentencing-enhancement |
Question not identified |
| 22-5377 |
Malik Breyon Hollis v. Matthew Magnusson, Warden |
First Circuit |
2022-08-17 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process equal-protection jury-composition jury-selection peremptory-challenges racial-discrimination |
Whether peremptory challenges of racial minorities during jury selection in criminal trials should be subjected to a heightened judicial inquiry of st… |
| 22-146 |
Tracy Smith v. Georgia |
Georgia |
2022-08-16 |
Denied |
Response Waived |
constitutional-law constitutional-rights criminal-procedure ineffective-assistance-of-counsel jury-instruction jury-instructions non-unanimous-verdict sixth-amendment trial-counsel |
Whether it is a violation of the Sixth Amendment for trial counsel to fail to object to a jury instruction that sanctioned a non-unanimous verdict |
| 22-5350 |
Randolph J. Norwood v. Florida |
Florida |
2022-08-16 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure due-process evidence fatal-variance trial-integrity victim-identification witness-testimony |
Whether a fatal variance and due process violation occurs when a state charges a defendant with a crime against a specific individual but presents a d… |
| 22-5360 |
Wayne Chin v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2022-08-16 |
Denied |
Response WaivedIFP |
accused-autonomy actual-innocence attorney-client-relationship autonomy constitutional-rights criminal-procedure defense-counsel due-process right-to-counsel sixth-amendment unwelcome-defense |
Whether a defense counsel can override an accused's final and informed decision for an actual innocence defense and impose an unwelcome defense upon t… |
| 22-5363 |
Rodney Flucas v. United States |
Ninth Circuit |
2022-08-16 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-intent criminal-procedure due-process federalism interstate-travel jury-instruction precedent sexual-conduct state-authority |
Was the Jury Erroneously Instructed That the Government Only had to Prove That Sexual Activity Was a 'Motivating Purpose' for Transportation of Person… |
| 22-139 |
Sari Alqsous v. United States |
Sixth Circuit |
2022-08-15 |
Denied |
Response Waived |
charge-conference confrontation-clause criminal-procedure due-process hobbs-act mens-rea public-official sentencing sixth-circuit |
Whether the Sixth Circuit erred in analyzing ruling that Petitioner was not entitled to be present during the Charge Conference under Fed. R. Crim. P.… |
| 22-140 |
Yvette B. Beaulieu v. Merrick B. Garland, Attorney General, et al. |
District of Columbia |
2022-08-15 |
Denied |
Response Waived |
civil-procedure civil-rights criminal-procedure disclosure-requirements due-process equal-protection federal-employee government-investigation government-misconduct legal-fairness |
Why is there no equal application of relevant fairness principles in civil and criminal matters? |
| 22-5348 |
Clarence Lee v. United States |
Fifth Circuit |
2022-08-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure criminal-procedure due-process judicial-bias judicial-recusal motion-hearing prosecutorial-agreement recusal sentencing sentencing-discretion standing |
Whether the district court erred by denying defense counsel's oral motion for recusal of the district judge |
| 22-5349 |
Leopoldo Pacheco-Apodaca v. United States |
Fifth Circuit |
2022-08-15 |
Denied |
Response WaivedIFP |
constitutional-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5352 |
Travis Thomas, Jr. v. United States |
Fifth Circuit |
2022-08-15 |
Denied |
Response WaivedIFP |
5th-amendment criminal-procedure factual-description factual-distinction fifth-amendment grand-jury grand-jury-clause indictment-modification prescription-drug required-element trial-amendment |
Does the Fifth Amendment's Grand Jury Clause prohibit a trial amendment altering a factually distinct description of a required element? |
| 22-5353 |
Ricardo Salazar-Munoz v. United States |
Fifth Circuit |
2022-08-15 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent legal-challenge precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5335 |
Julius Wayne Baker v. Bryan K. Dobbs, Warden |
Fourth Circuit |
2022-08-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-investigation federal-jurisdiction free-speech incarceration legal-jurisdiction miranda-rights standing |
Did the 4th Circuit err in denying the petitioner's grounds for relief when the petitioner's constitutional rights were violated by agents of the Fede… |
| 22-5337 |
Carlos Vazquez-Tellez v. United States |
Fifth Circuit |
2022-08-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5338 |
Chikosi Legins v. United States |
Fourth Circuit |
2022-08-11 |
Denied |
Response WaivedIFP |
18-usc-1001 apprendi apprendi-rule criminal-law criminal-procedure evidence false-statement relevant-conduct sentencing sentencing-enhancement statutory-maximum sufficiency |
Whether the evidence was sufficient to support the conviction under 18 U.S.C. 1001 |
| 22-5342 |
Patrick LaJuan Jones, Jr. v. United States |
Tenth Circuit |
2022-08-11 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure federal-law federal-sentencing preemption sentencing-guidelines state-law statutory-interpretation |
Does a state definition of 'controlled substance' control a federal sentencing enhancement under the Sentencing Guidelines, when the state lists subst… |
| 22-5343 |
In Re Quelyory A. Rigal |
|
2022-08-11 |
Denied |
IFP |
criminal-procedure due-process duplicitous-indictment fifth-amendment habeas-corpus jury non-unanimous-verdict sixth-amendment |
Whether a non-unanimous verdict in a criminal case violates the Fifth and Sixth Amendments |
| 22-132 |
Carlos Ruben Ruiz v. Massachusetts |
Massachusetts |
2022-08-10 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
14th-amendment 5th-amendment criminal-procedure demeanor-evidence due-process fair-trial fifth-amendment fourteenth-amendment jury-instructions |
Whether the Fifth and Fourteenth Amendments forbid judges (or prosecutors) from instructing (or inviting) the jury to take into account a non-testifyi… |
| 22-5326 |
Juan Samuel Rodriguez-Huitron v. United States |
Fifth Circuit |
2022-08-10 |
Denied |
Response WaivedIFP |
clear-error criminal-procedure judicial-review limited-remand plain-error remand sentencing sentencing-guidelines statutory-maximum substantial-rights |
Whether a limited remand to assess the impact of a plain error on a defendant's substantial rights extends to miscalculations of the statutory maximum |
| 22-5328 |
Justin Michael Tyson v. North Carolina |
North Carolina |
2022-08-10 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process indictment jurisdiction standing statutory-interpretation |
Whether the indictment for File No. 18 CRS 55155 is fatally defective |
| 22-5330 |
Demetrius J. Wade v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-08-10 |
Rehearing |
Response WaivedRelisted (2)IFP |
14th-amendment 5th-amendment criminal-procedure due-process evidence-tampering fifth-amendment forensic-evidence fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel |
Was petitioner's 5th and 14th Amendment rights violated when police tampered with evidence and removed bullet fragments recovered from the victim at h… |
| 22-124 |
Brett C. Kimberlin v. United States |
Seventh Circuit |
2022-08-09 |
Denied |
Amici (1) |
circuit-split civil-disability civil-rights collateral-consequences criminal-procedure due-process judicial-review standing writ-of-error-coram-nobis |
Whether a petitioner must show he suffers from a 'civil disability' before a court can grant a writ of error coram nobis |
| 22-5305 |
Aileen Kogera Njoroge v. United States |
Eighth Circuit |
2022-08-09 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure criminal-sentencing due-process fraud identity-theft legal-appeal probation restitution sentencing sufficiency-of-evidence trial-court-discretion |
Whether the district court erred in denying Kogera's motion for judgment of acquittal on the basis of insufficient evidence to support the jury's verd… |
| 22-5313 |
Jesse Rondale Bailey v. United States |
Sixth Circuit |
2022-08-09 |
Denied |
Response WaivedIFP |
18-usc-3553(a)(6) career-offender criminal-procedure empirical-evidence evidence-based judicial-discretion presumption sentencing-disparities sentencing-guidelines unwarranted-disparity within-range-sentences |
Whether a court may categorically refuse to consider empirical evidence showing that other judges impose sentences below the guideline range in the va… |
| 22-5314 |
Daniel Ray v. United States |
Ninth Circuit |
2022-08-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion legal-reasoning rita-v-united-states sentencing-guidelines |
Whether sentencing judges must explain why they have rejected a nonfrivolous argument made by a defendant in favor of a lower sentence |
| 22-5318 |
Samuel Francis White Horse v. United States |
Eighth Circuit |
2022-08-09 |
Denied |
Response WaivedIFP |
criminal-law due-process evidence jury-instructions obstruction-of-justice statutory-interpretation |
Does a conviction for Tampering with Evidence require a jury to find that the defendant's conduct would interfere with the due administration of justi… |
| 22-5261 |
Yusuf O. Bush v. David J. Ebbert |
District of Columbia |
2022-08-08 |
Denied |
Response WaivedIFP |
civil-rights confrontation-clause constitutional-rights criminal-procedure due-process eighth-amendment federal-courts habeas-corpus standing statutory-interpretation |
Whether the AEDPA of 1996 violates the Constitution of the United States as to the 1st Amendment and 5th Amendment |
| 22-5304 |
Nuelito Morel-Vargas v. Connecticut |
Connecticut |
2022-08-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment waiver waiver-doctrine |
Whether the Constitution requires a canvass on the right to testify |
| 22-5308 |
Lashawn Lewis v. New York |
New York |
2022-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure daubert daubert-standard due-process expert-testimony frye-standard scientific-evidence |
Was Petitioner deprived of Due Process where the court denied her any meaningful opportunity to contest the use of junk science at her trial? |
| 22-5309 |
Saddam Daoud Samaan v. United States |
Eighth Circuit |
2022-08-08 |
Denied |
Response WaivedIFP |
attorney-misconduct civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus immunity ineffective-assistance post-conviction-relief |
Did the lower courts err by suppressing evidence after a state court ruling? |
| 22-5300 |
Michael G. Peters v. Andrew S. Hanen |
Fifth Circuit |
2022-08-05 |
Dismissed |
IFP |
6th-amendment civil-rights criminal-procedure due-process jury-selection public-trial |
Whether the Sixth Amendment right to a public trial applies to jury selection proceedings |
| 22-5302 |
Michael G. Peters v. Actual Innocent Clinic |
Fifth Circuit |
2022-08-05 |
Dismissed |
IFP |
civil-rights criminal-procedure due-process free-speech public-access standing |
Whether the Sixth Amendment right to a public trial extends to the public's right to access court records and proceedings in a criminal case |
| 22-5282 |
Cory Mingo v. Florida |
Florida |
2022-08-04 |
Denied |
Response WaivedIFP |
4th-amendment 6th-amendment cell-site-location-information criminal-procedure due-process fourth-amendment ineffective-assistance probable-cause search-and-seizure sixth-amendment warrantless-search |
Whether the Petitioner was deprived of the effective counsel |
| 22-5285 |
Alifonso Eduardo Garcia v. Kansas |
Kansas |
2022-08-04 |
Denied |
Response WaivedIFP |
autopsy-evidence criminal-procedure due-process jury-questionnaire jury-selection lesser-included-offense presumed-prejudice skilling-factors standard-of-review venue venue-prejudice |
Whether the Kansas Supreme Court erred in finding no presumed prejudice in the venue of Rooks County |
| 22-5267 |
John Everette Murray, III v. Florida |
Florida |
2022-08-03 |
Denied |
IFP |
abuse-of-discretion amendment constitutional-rights criminal-procedure due-process judicial-discretion post-conviction-relief remand rule-3.850 state-courts |
Will the United States Supreme Court allow the State courts to abuse their discretion by denying a rule 3.850 motion determined to be facially deficie… |
| 22-5273 |
Bradley Beauchamp v. United States |
Fourth Circuit |
2022-08-03 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process evidence-suppression exclusionary-rule illegal-traffic-stop reasonable-suspicion search-and-seizure sentencing-enhancement suppression-of-evidence traffic-stop venue-violation |
Whether the District Court caused reversible error by not suppressing evidence obtained by an illegal traffic stop where the officer lacked articulabl… |
| 22-5275 |
Russell M. Boles v. Jeff Long, Warden, et al. |
Tenth Circuit |
2022-08-03 |
Denied |
Relisted (2)IFP |
case-statement civil-rights constitutional-provisions due-process evidence jurisdictional-issue jury-instructions legal-procedure negligence standard-of-review statutory-provisions writ-of-certiorari |
Whether the court erred in drawing an adverse inference against the petitioner |
| 22-5248 |
Douglas A. Hoglan v. Virginia |
Virginia |
2022-08-02 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process extrinsic-fraud fifth-amendment miranda-rights plea-agreement plea-bargain procedural-safeguards right-to-counsel right-to-due-process |
Did the extrinsic-fraud deprive-Hooper-of-due-process |
| 22-5252 |
Carlos Fleitas v. United States |
Eleventh Circuit |
2022-08-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eleventh-circuit expert-testimony federal-rules-of-evidence judicial-procedure non-expert-testimony sentence-enhancement sentencing-enhancement writ-of-certiorari |
Should a higher standard, apart from that permitted by Fed. R. Evid. 1101(d)(3), apply when a defendant's sentence is enhanced based on non-expert tes… |
| 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 |
Whether the trial court erred in denying the petitioner's legitimate defense theory |
| 22-5264 |
Cody Gober v. United States |
Sixth Circuit |
2022-08-02 |
Denied |
Response WaivedIFP |
concurrent-sentence constitutional-scrutiny criminal-procedure due-process federal-criminal-procedure federal-sentence post-conviction-relief sentencing sixth-circuit state-sentence |
Whether the due process rights of the Petitioner were violated |
| 22-5265 |
Preston Hester, Jr. v. United States |
Eleventh Circuit |
2022-08-02 |
Denied |
Response WaivedIFP |
advisory-guidelines advisory-range criminal-procedure district-court due-process sentencing sentencing-guidelines SORNA SORNA-tier tier-level |
Whether the district court's failure to determine Mr. Hester's correct SORNA tier level in calculating the correct advisory Guideline sentencing range… |
| 22-5269 |
Juan M. Cuellar v. Illinois |
Illinois |
2022-08-02 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure due-process habeas-corpus lesser-offense newly-discovered-evidence post-conviction sentencing |
Whether an actual innocence claim applies to a lesser offense? |
| 22-5234 |
Victor Manuel Duarte-Munoz v. United States |
Fifth Circuit |
2022-08-01 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5235 |
Louis McIntosh v. United States |
Second Circuit |
2022-08-01 |
GVR |
IFP |
§924(c) criminal-procedure federal-jurisdiction forfeiture hobbs-act interstate-commerce rule-32.2 sentencing |
Whether petitioner's §924(c) conviction based on an attempted Hobbs Act robbery should be vacated in light of United States v. Taylor |
| 22-5241 |
Silvino Vasquez-Jacinto v. United States |
Fifth Circuit |
2022-08-01 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5243 |
Grover D. Cannon v. Louisiana |
Louisiana |
2022-08-01 |
Denied |
Response WaivedIFP |
actus-reus constitutional-law criminal-procedure defense-counsel mccoy-v-louisiana mens-rea right-to-autonomy self-defense sixth-amendment |
Did Louisiana's courts violate Grover D. Cannon's Sixth Amendment rights recognized in McCoy by allowing Mr. Cannon's defense counsel over Mr. Cannon'… |
| 22-5244 |
Charles M. Torrence v. Hazel Peterson, Warden |
Tenth Circuit |
2022-08-01 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure critical-stage due-process legal-representation mental-competency right-to-counsel sixth-amendment statewide-importance |
Whether a mental competency hearing is a critical stage of a criminal prosecution requiring representation by counsel under the Sixth Amendment |
| 22-5247 |
Luckens Petit v. Florida |
Florida |
2022-08-01 |
Denied |
Response WaivedIFP |
bond-hearing confrontation-clause constitutional-rights crawford-precedent crawford-v-washington criminal-procedure due-process evidence florida-arthur-bond-hearing sixth-amendment |
Whether the Florida Arthur/Bond hearing satisfies the Sixth Amendment's Confrontation Clause requirement as explained in Crawford v. Washington |
| 22-5232 |
Jesus Javier Cruz-Hernandez v. United States |
Fifth Circuit |
2022-07-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-sentencing judicial-presumption reasonableness-standard rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges the substantive reasonableness of a within-Guidelines sentence may rebut an appellate … |
| 22-5212 |
Jonita Desirrae Brown v. United States |
Fifth Circuit |
2022-07-28 |
Denied |
Response WaivedIFP |
appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonableness reasonableness sentencing supervised-release |
Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness or merely to see if… |
| 22-5214 |
Martin Rios-Galicia v. United States |
Fifth Circuit |
2022-07-28 |
Denied |
Response WaivedIFP |
constitutional-analysis criminal-law criminal-procedure due-process judicial-precedent precedent-overturning recidivism sentencing stare-decisis statutory-interpretation supreme-court-review |
Whether the Court should overrule Almendarez-Torres v. United States |
| 22-5216 |
Ray Salazar v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-28 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigation mental-competency sixth-amendment |
Did the trial counsel's failure to timely and adequately conduct an investigation into Salazar's known mental health issues constitute ineffective ass… |
| 22-5219 |
Kim Lee Millbrook v. United States |
Seventh Circuit |
2022-07-28 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process first-amendment ineffective-assistance newly-discovered-evidence prosecutorial-misconduct standing takings |
Whether the petitioner has a valid claim under the First Amendment, due-process, standing, civil-rights, civil-procedure, takings |
| 22-5194 |
Maxo Jean v. United States |
Second Circuit |
2022-07-27 |
Denied |
Response WaivedIFP |
28-usc-2255 appeals appellate-procedure criminal-procedure federal-rules-of-appellate-procedure habeas-corpus judicial-discretion jurisdiction motion-to-vacate timeliness timely-filing |
Whether the appeals court abused its discretion by dismissing petitioner's notice of appeal from the denial of a motion to vacate, filed pursuant to 2… |
| 22-5198 |
Akeem Markiese Rogers v. Virginia |
Virginia |
2022-07-27 |
Denied |
IFP |
civil-rights constitutional-provisions due-process evidence evidence-standard jurisdiction legal-standard possession procedural-review search-and-seizure writ-of-certiorari |
Question not identified. |
| 22-5202 |
In Re Tavon Dameon Davis |
|
2022-07-27 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure due-process evidence habeas-corpus judicial-misconduct mandamus prosecutorial-misconduct witness-tampering |
Whether a writ of mandamus should issue directing the court of appeals (Fourth Circuit) to remand this case to the district court without delay to hol… |
| 22-5206 |
Shain Duka v. United States |
Third Circuit |
2022-07-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
924(c) actual-innocence circuit-court-review concurrent-sentence-doctrine criminal-conviction criminal-procedure invalid-conviction judicial-procedure jury-instruction sentencing-error statutory-interpretation |
Whether the Third Circuit Erred in Utilizing the Concurrent Sentence Doctrine to Uphold a Concededly Invalid 924(c) Conviction |
| 22-77 |
David Brown v. Louisiana |
Louisiana |
2022-07-27 |
Denied |
Amici (3)Relisted (7) |
brady-disclosure brady-v-maryland criminal-evidence criminal-procedure due-process exculpatory-evidence favorable-evidence material-evidence materiality-standard third-party-confession |
Whether a defendant's due process rights are violated when another person's confession stating that he and someone else committed the criminal act, wi… |
| 22-81 |
Nathaniel Lambert v. Louisiana |
Louisiana |
2022-07-27 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review constitutional-law criminal-procedure due-process griffith-standard jury-unanimity prejudice rehabilitation sentencing-delay |
What test applies to excessive sentencing delay claims under the Due Process Clause, including whether prejudice is required and what prejudice counts… |
| 22-5188 |
Jamshid Muhtorov v. United States |
Tenth Circuit |
2022-07-26 |
Denied |
Response WaivedIFP |
barker-test barker-v-wingo constitutional-rights criminal-procedure due-process exculpatory-evidence judicial-balancing sixth-amendment speedy-trial |
Whether the judge-made and ahistorical balancing test for assessing a deprivation of the Sixth Amendment's right to a speedy trial set out in Barker v… |
| 22-5190 |
Rafael Cortez-Oropeza v. United States |
First Circuit |
2022-07-26 |
Denied |
Response WaivedIFP |
admissibility-of-evidence atf bureau-of-alcohol-tobacco-and-firearms criminal-procedure evidence expert-testimony firearms interstate-commerce judicial-discretion legal-standard |
Whether the district court erred in allowing an unqualified ATF agent to testify as an expert on interstate commerce |
| 22-5168 |
Rodney Mesquias v. United States |
Fifth Circuit |
2022-07-25 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-conviction criminal-procedure due-process fifth-circuit judicial-error jurisdiction legal-standard sentencing standard-of-review |
Whether the United States Court of Appeals for the Fifth Circuit erred in affirming Mesquias' convictions and sentences |
| 22-5174 |
Lester Waters, Jr. v. United States |
Eighth Circuit |
2022-07-25 |
Denied |
Response WaivedIFP |
criminal-procedure custodial-interrogation due-process exclusionary-rule miranda-rights self-incrimination substance-influence voluntary-waiver |
Whether Lester Waters, Jr. could waive his rights 'knowingly and intelligently' while under the influence of alcohol |
| 22-5177 |
William Eugene Moon v. Tennessee |
Tennessee |
2022-07-25 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure due-process habeas-corpus right-to-counsel sixth-amendment speedy-trial statute-of-limitations trial-delay |
Was the Defendant denied a speedy trial? |
| 22-5153 |
Ramon A. Boyce v. Ohio |
Ohio |
2022-07-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-authentication prejudice pro-se-defendant self-representation trial-court trial-court-discretion |
Has a criminal Defendant's constitutional right to self-representation been violated by a trial court, if that court unreasonably delays the Defendant… |
| 22-5154 |
Myron Baker v. United States |
Sixth Circuit |
2022-07-22 |
Denied |
Response WaivedIFP |
court-record criminal-procedure district-court evidence evidence-admission federal-prosecution record-of-court search-and-seizure search-warrant state-search-warrant structural-error |
Whether the federal prosecution's reliance on a state search warrant without making it part of the formal record of the United States District Court c… |
| 22-5155 |
In Re Donald Williams |
|
2022-07-22 |
Denied |
IFP |
cage-v-louisiana cause-and-prejudice constitutional-review criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan out-of-time-appeal writ-of-appeal |
Whether the facts of Cockerham and Petitioner Williams are exactly the same for purpose of out of time appeal and application of Cage to their convict… |
| 22-5158 |
Bernard J. Battle v. United States |
District of Columbia |
2022-07-22 |
Denied |
Response WaivedIFP |
civil-rights criminal-conviction criminal-procedure due-process ineffective-assistance legal-nullity plea-bargaining procedural-default sentencing state-law statutory-interpretation |
Whether a guilty plea obtained in direct contravention of the express provisions of an applicable statute renders the sentence illegal, and consequent… |
| 22-5160 |
Robert V. Wonsch v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2022-07-22 |
Denied |
IFP |
criminal-procedure due-process federal-supremacy sixth-amendment speedy-trial state-constitutional-law |
May-any-State-or-Territory-create-enact-or-enforce-any-penal-statute-or-constitutional-provision-in-CONTUMACY-of-the-Sixth-Amendment-right-to-a-Speedy… |
| 22-5161 |
Antonio M. Taylor v. United States |
Eighth Circuit |
2022-07-22 |
Denied |
Response WaivedIFP |
18-usc-3582 criminal-procedure district-court-discretion extraordinary-and-compelling-reasons extraordinary-circumstances retroactivity sentence-reduction sentencing-law statutory-interpretation |
Whether a district court may consider nonretroactive changes in sentencing law in determining whether a defendant has shown 'extraordinary and compell… |
| 22-5165 |
Daniel Boos v. Jermaine White, Warden |
Eleventh Circuit |
2022-07-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure cumulative-error cumulative-prejudice due-process effective-assistance-of-counsel ineffective-assistance sixth-amendment trial-counsel trial-errors |
Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to multiple errors by trial counsel, which cumulati… |
| 22-5147 |
Ortavious Devon Wilson v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-07-21 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states certificate-of-appealability constitutional-rights criminal-procedure jury-trial mandatory-minimum mandatory-sentencing prison-releasee-reoffender sixth-amendment |
Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial |
| 22-5149 |
Rajesh Ramcharan v. United States |
Tenth Circuit |
2022-07-21 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process immigration immigration-fraud marriage-fraud racial-prejudice rosales-loper voir-dire |
Was the judge required to conduct the requested voir dire on racial prejudice under the 'reasonable possibility' standard set forth in Rosales-Loper v… |
| 22-5150 |
Julio Cesar Gomez v. United States |
Ninth Circuit |
2022-07-21 |
Denied |
IFP |
circuit-split criminal-procedure due-process entrapment entrapment-defense evidence-admissibility fair-trial inadmissible-evidence judicial-discretion preemptive-rebuttal |
Whether a district court errs when it permits the government to introduce highly inflammatory, and otherwise inadmissible, evidence to preemptively re… |
| 22-5151 |
James Tyrell Drane v. Michigan |
Michigan |
2022-07-21 |
Denied |
IFP |
14th-amendment constitutional-interpretation constitutional-law criminal-procedure due-process ex-post-facto fourteenth-amendment retroactive-law statute-of-limitations |
Whether the State of Michigan's interpretation of its statute of limitations to revive an expired offense violated the petitioner's 14th Amendment due… |
| 22-49 |
Efrain Lora v. United States |
Second Circuit |
2022-07-19 |
Judgment Issued |
Amici (2)Response RequestedResponse WaivedRelisted (3) |
circuit-split concurrent-sentences consecutive-sentences criminal-law criminal-procedure federal-criminal-law mandatory-minimums sentencing sentencing-discretion statutory-interpretation |
Whether 18 U.S.C. § 924(c)(1)(D)(ii) applies to sentences imposed under 18 U.S.C. § 924(j) |
| 22-5128 |
My Loan Nguyen v. Michael Pallares, Warden |
Ninth Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure custodial-interrogation due-process fifth-amendment fundamental-rights miranda-rights ninth-circuit police-interrogation police-questioning |
Whether the Ninth Circuit Court of Appeals violated petitioner's fundamental rights by ruling that the California Courts reasonably applied Miranda-v-… |
| 22-5131 |
Terry Gillard v. California |
California |
2022-07-19 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause criminal-procedure due-process fair-trial fourteenth-amendment sixth-amendment witness-impeachment |
Whether the California court's refusal to allow a witness to be impeached with his federal bank robbery conviction violated petitioner's clearly estab… |
| 22-5135 |
Joshua Jay Schroeder v. United States |
Ninth Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure federal-rules plea-agreement right-to-appeal sentencing |
Does a defendant retain the right to appeal a sentence if, after imposition of the sentence, the district court advises the defendant of the right to … |
| 22-5137 |
Clifford Raymond Salas v. United States |
Tenth Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-discretion due-process factual-errors plain-error prosecutorial-argument sentencing sentencing-variance tenth-circuit-review |
Did the Tenth Circuit wrongly hold that the district court did not plainly err, where (a) the prosecutor argued that a factually untrue reason support… |
| 22-5138 |
Arthur Frank Cardenas v. United States |
Ninth Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process firearm-possession habeas-corpus knowledge-element ninth-circuit rehaif-standard rehaif-v-united-states right-to-counsel sentencing |
Whether a certificate of appealability should be granted due to the District Court and Ninth Circuit's error in not granting it |
| 22-5139 |
Carol Johnene Morris v. United States |
Fifth Circuit |
2022-07-19 |
Denied |
Response WaivedRelisted (2)IFP |
2nd-amendment armed-career-criminal-act civil-rights criminal-history criminal-procedure double-jeopardy drug-possession due-process felony-enhancement prior-convictions sentencing sentencing-guidelines |
Whether the district court erred in failing to vacate the federal convictions for felon in possession of a firearm and a related acquittal |
| 22-5116 |
Michael Dewayne Vickers v. United States |
Fifth Circuit |
2022-07-18 |
Denied |
Response WaivedIFP |
acca actual-reliance armed-career-criminal-act criminal-procedure habeas-corpus johnson-standard johnson-v-united-states jurisdictional-requirement second-or-successive-motion sentencing sentencing-reliance |
Whether Mr. Vickers was required to prove 'actual reliance' by the sentencing judge on the ACCA's unconstitutional residual clause as a nonwaivable ju… |
| 22-5119 |
Christopher Paul Hasson v. United States |
Fourth Circuit |
2022-07-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-defendant criminal-law criminal-procedure due-process facial-challenge statutory-interpretation vagueness void-for-vagueness |
Whether a criminal defendant must show a statute is vague as applied to his own conduct to prevail on a facial void-for-vagueness challenge |
| 22-44 |
Westley Devone Harris v. Alabama |
Alabama |
2022-07-15 |
Denied |
|
criminal-procedure fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire |
Whether a criminal defendant is deprived of his Sixth and Fourteenth Amendment rights to an impartial jury when a jury member gives dishonest and inco… |
| 22-5067 |
Benjamin M. Withrow v. Wisconsin |
Wisconsin |
2022-07-15 |
Denied |
Response WaivedIFP |
connection-between-causes connection-severed criminal-procedure initial-confinement judicial-discretion multiple-cases sentencing-credit separate-charges wisconsin-law |
Whether Petitioner is entitled to sentencing credit on multiple cases when there is a connection — not between the offenses but between the causes of … |
| 22-5110 |
Onterio Dimitri Brown v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-07-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-review criminal-conviction criminal-procedure due-process evidence jackson-v-virginia standard-of-review sufficiency-of-evidence supreme-court-precedent |
Whether the Supreme Court has overturned Jackson v. Virginia, 443 U.S. 307 (1979), and if there is sufficient evidence to justify a conviction |
| 22-5112 |
Roberto Hernandez-Aldama v. United States |
Fourth Circuit |
2022-07-15 |
Denied |
Response WaivedIFP |
5th-amendment court-of-appeals criminal-procedure due-process evidence evidence-standard fifth-amendment judicial-interpretation methamphetamine sentencing |
Whether the court of appeals violated the defendant's Fifth Amendment right to due process |
| 22-5115 |
Michael Kennedy v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-07-15 |
Denied |
IFP |
consent constitutional-rights criminal-procedure defendant-consent due-process fourteenth-amendment right-to-counsel sixth-amendment trial-counsel |
Does the Sixth and Fourteenth Amendments require that before a trial counsel can concede a defendant's guilt, trial counsel must first consult with th… |
| 22-5104 |
Nakia Adams v. United States |
Third Circuit |
2022-07-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-indictment criminal-procedure due-process felon-in-possession indictment speedy-trial third-circuit |
Did the Third Circuit err by not dismissing Mr. Adams' indictment on speedy-trial-grounds and/or the Government's failure to prove that he is a felon-… |
| 22-5105 |
Tanner Lance King v. United States |
Fifth Circuit |
2022-07-14 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process presumption-of-reasonableness sentencing-guidelines substantive-reasonableness within-guidelines-sentence |
How does a court of appeals determine whether a defendant has rebutted the presumption of reasonableness when the defendant is challenging on appeal t… |
| 22-5106 |
Kalvin Lamar Washington v. Michigan |
Michigan |
2022-07-14 |
Denied |
IFP |
acquittal court-forms criminal-procedure double-jeopardy due-process habeas-corpus indigent-petitioner jury-trial state-prosecution statutory-provisions |
Can the state of Michigan violate the protection against a second prosecution for the same offense after an acquittal by repeatedly the acquittal refe… |
| 22-5107 |
Marcus Dwayne Pemberton v. United States |
Fourth Circuit |
2022-07-14 |
Denied |
Response WaivedIFP |
appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure miscarriage-of-justice plea-agreement plea-agreements sentencing-guideline sentencing-guidelines |
Should standards other than the knowing and voluntary waiver standard of Brady v. United States govern the enforcement of appeal waivers in plea agree… |
| 22-5082 |
Brian Gonzales v. California |
California |
2022-07-13 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions reasonable-doubt winship |
Does the failure to instruct juries in criminal trials that the prosecution must prove each element of the charged crime beyond a reasonable doubt vio… |
| 22-5083 |
William Wellington Hooper, Jr. v. United States |
Fourth Circuit |
2022-07-13 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process eighth-amendment fair-trial fourth-amendment search-and-seizure sentencing |
Were Mr. Hooper's cell phones seized in violation of his Fourth Amendment right against unreasonable search and seizure? |
| 22-5084 |
Luciano Felipe-Pascual v. United States |
Fifth Circuit |
2022-07-13 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5089 |
Mike Webb v. United States District Court for the Eastern District of Virginia |
Fourth Circuit |
2022-07-13 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process federal-appellate-procedure federal-courts federal-jurisdiction freedom-of-access-to-clinic-entrances grand-jury-investigation mandamus pro-se-litigation standing writ-of-mandamus |
Whether a prima facie case under the Freedom of Access to Clinic Entrances (FACE) Act or 18 U.S.C. § 1512 establishes a clear and indisputable right t… |
| 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 an 'important decision' under Strickland v. Washington? |
| 22-5094 |
Garfield D. Campbell v. United States |
Fourth Circuit |
2022-07-13 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court due-process evidence fourth-circuit marijuana-use reversible-error sentencing supervised-release |
Whether the Fourth Circuit Court of Appeals erred by denying Mr. Campbell's meritorious argument that the district court committed reversible error by… |
| 22-5100 |
Joshua Eric Townley v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-13 |
Denied |
IFP |
burks-v-united-states constitutional-claim criminal-procedure double-jeopardy federal-prosecution insufficient-evidence reinstatement-of-convictions state-prosecution supreme-court-precedent trial-court-reversal |
Whether there is a constitutional claim of double jeopardy, reinstatement of convictions after acquittal, when a federal or state trial court rescinds… |
| 22-5102 |
Nathaniel Louis Daniels v. United States |
Fourth Circuit |
2022-07-13 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
6th-amendment armed-career-criminal-act criminal-procedure judge judicial-discretion jury jury-determination sentencing-enhancement sixth-amendment statutory-interpretation |
Whether the Sixth Amendment requires that a jury, rather than a judge, resolve whether prior crimes were 'committed on occasions different from one an… |
| 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… |
| 22-5072 |
Basil Bey v. United States |
Third Circuit |
2022-07-12 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process evidence-rule-701 evidentiary-standards federal-rules-of-evidence law-enforcement-testimony opinion-evidence uniform-standards witness-testimony |
Whether this Court should set limits on what law enforcement testimony should be admitted as opinion evidence under Federal Rule of Evidence 701 |
| 22-5074 |
Kurtis D. Worley v. Illinois |
Illinois |
2022-07-12 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance plea-negotiations post-conviction-relief seizure settlements |
Whether petitioner's due process of law was violated by detectives' illegal seizure of petitioner's settlements while in public, violating petitioner'… |
| 22-5059 |
Rodolfo Oliva-Santos v. United States |
Fifth Circuit |
2022-07-11 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5050 |
Johnny M. Ruffin v. David Mitchell |
Seventh Circuit |
2022-07-08 |
Denied |
Response WaivedIFP |
admissibility brady-materiality brady-v-maryland circuit-conflict circuit-split constitutional-rights criminal-procedure due-process evidence-suppression impeachment-evidence materiality suppressed-evidence |
Whether the Seventh Circuit's decision creates conflict with other Circuits regarding the admissibility and materiality requirements under Brady v. Ma… |
| 22-5052 |
Fox Joseph Salerno v. Arizona |
Arizona |
2022-07-08 |
Denied |
Response WaivedIFP |
5th-amendment apprendi-rule constitutional-rights criminal-procedure due-process fifth-amendment grand-jury incorporation precedent subject-matter-jurisdiction |
Should the U.S. Constitutional Fifth Amendment requiring indictments be applied to the States, thereby overturning precedence from 1884; Hurtado v. Ca… |
| 22-5053 |
Jesus Perez-Solis v. United States |
Fifth Circuit |
2022-07-08 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5055 |
Amin Wadley, aka Jamil Abdul Amin White v. United States |
Third Circuit |
2022-07-08 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial-procedure evidence-rules evidentiary-standards federal-rules-of-evidence law-enforcement law-enforcement-testimony lay-witness lay-witness-testimony opinion-evidence opinion-testimony |
Whether this Court should set limits on what law enforcement testimony should be admitted as opinion evidence under Federal Rule of Evidence 701 |
| 22-5046 |
James R. Butler v. Florida |
Florida |
2022-07-07 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause constitutional-rights criminal-procedure due-process foreign-witness oath oath-validity witness-testimony |
Whether the oath of a State's witness is valid in a criminal proceeding when the witness is testifying from a foreign country by video-satellite trans… |
| 22-5047 |
Jermaine Blackwell v. Jeff Nines, Warden, et al. |
Fourth Circuit |
2022-07-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus ineffective-assistance plea-bargain plea-bargaining right-to-counsel sentencing trial-counsel trial-strategy |
Ineffective-assistance-of-counsel |
| 22-5037 |
Stephen Todd Booker v. Florida |
Florida |
2022-07-06 |
Denied |
IFP |
banks-v-dretke brady-disclosure brady-v-maryland constitutional-due-process criminal-procedure disclosure due-diligence due-process exculpatory-evidence government-misconduct prosecutorial-misconduct |
May courts impose a due diligence requirement for Brady claims |
| 22-5040 |
Priscilla Ann Ellis v. United States District Court for the District of Columbia |
District of Columbia |
2022-07-06 |
Dismissed |
Response WaivedRelisted (2)IFP |
article-iii constitutional-rights criminal-charges criminal-procedure due-process extradition indictment right-to-counsel sixth-amendment |
Right-to-counsel |
| 22-5023 |
Sam Jones, Jr. v. United States |
Eleventh Circuit |
2022-07-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process eleventh-circuit judicial-discretion less-culpable-defendant mandatory-minimum sentencing-entrapment supervisory-jurisdiction |
Whether the Eleventh Circuit erred in affirming the district court's denial of a motion for judgment of acquittal and a motion for new trial on ground… |
| 22-5024 |
Jerod Rodriguez v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-07-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
certificate-of-appealability criminal-procedure guilty-verdict ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell mistrial postconviction-relief prejudice-prong reasonable-jurists sixth-amendment strickland-standard |
whether-strickland-prejudice-prong-established |
| 22-5027 |
Justin D. Bennett v. Texas |
Texas |
2022-07-05 |
Denied |
IFP |
confrontation-clause constitutional-protections constitutional-review criminal-procedure due-process jackson-v-virginia out-of-court-statements sufficiency-of-evidence |
Whether the due process standard recognized in Jackson v. Virginia, 443 U.S. 307 (1979) constitutionally protects an accused against out-of-court stat… |
| 22-5028 |
Damien Dre Gonzales v. United States |
Fifth Circuit |
2022-07-05 |
Denied |
Response WaivedIFP |
adam-walsh-act appeals commerce-clause criminal-procedure district-court federal-kidnapping federal-sentencing guidelines-error harmless-error sentencing-guidelines |
Is a district court's Guidelines error always harmless when the court states that it would have imposed the same sentence regardless of the Guidelines… |
| 22-5029 |
Christopher Michael Fairley v. United States |
Fifth Circuit |
2022-07-05 |
Denied |
Response WaivedIFP |
appellate-review court-ruling criminal-procedure due-process error-preservation judicial-discretion legal-objection preservation-of-error standard-of-review |
Whether parties to a criminal proceeding sufficiently preserve error by informing the court |
| 22-5030 |
Paul John Denham v. Superior Court of California, Los Angeles County, et al. |
California |
2022-07-05 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure defendant-protections due-process exculpatory-evidence habeas-corpus judicial-bias post-conviction-relief prosecutorial-misconduct |
Whether a criminal defendant's post-conviction habeas petition alleging the district attorney's office engaged in multiple intentional frauds to appea… |
| 22-5016 |
Christopher Lee Bryant v. United States |
Sixth Circuit |
2022-07-01 |
Denied |
Response WaivedIFP |
corroboration criminal-procedure fourth-amendment police-investigation probable-cause recently-arrested-person search-and-seizure warrant warrant-requirement |
Does the Fourth Amendment require police officers to corroborate information obtained from a recently arrested person, whom officers did not know unti… |
| 22-5017 |
Travaris Devon Bishop v. United States |
Fifth Circuit |
2022-07-01 |
Denied |
Response WaivedIFP |
18-USC-3553(a) criminal-procedure criminal-sentencing district-court-discretion due-process sentencing-factors sentencing-guidelines statutory-maximum substantive-reasonableness |
Whether the district court ordered a substantively unreasonable statutory maximum sentence |
| 22-5018 |
Michael Allen Long v. United States |
Fifth Circuit |
2022-07-01 |
Denied |
Response WaivedIFP |
appeal appeal-waiver appellate-review criminal-procedure fifth-circuit jurisdiction plea-agreement plea-bargaining procedural-error standard-of-review waiver |
Whether the Fifth Circuit erred by finding that Mr. Long's appeal should be dismissed based on the waiver of appeal provision in his Plea Agreement |
| 22-5019 |
Amber Renee Guyger v. Texas |
Texas |
2022-07-01 |
Denied |
IFP |
constitutional-review criminal-procedure due-process jackson-v-virginia legal-sufficiency mistake-of-fact self-defense |
Under the legal sufficiency standard of Jackson v. Virginia, a court violates due process by concluding that self-defense and mistake-of-fact are mutu… |
| 22-5004 |
Eduardo Pena-Garcia v. United States |
Fifth Circuit |
2022-06-30 |
Denied |
Response WaivedIFP |
almendarez-torres case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5005 |
Gerardo Olvera-Vitela v. United States |
Fifth Circuit |
2022-06-30 |
Denied |
Response WaivedIFP |
case-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5006 |
David Cadena v. United States |
Fifth Circuit |
2022-06-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court-discretion due-process reasonableness-review sentencing sentencing-guidelines statutory-maximum upward-variance |
Did the district court impose a substantively unreasonable sentence when it varied upward from the advisory sentencing range to the statutory maximum … |
| 22-5007 |
Lann Tjuan Clanton, aka Tjuan v. United States |
Fourth Circuit |
2022-06-30 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure federal-sting federal-sting-operation fourth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-agreement |
Whether the Fourth Circuit erred in dismissing petitioner's appeal pursuant to a plea agreement waiver after petitioner won the right to file a belate… |
| 21-8263 |
John Matthias Watson, III v. Nevada |
Nevada |
2022-06-29 |
Denied |
IFP |
capital-murder criminal-procedure defendant-autonomy mccoy-precedent mccoy-v-louisana right-to-autonomy sixth-amendment trial-counsel unauthorized-concession |
Is it a concession of guilt by trial counsel which violated Mr. Watson's longstanding right to autonomy and the Sixth Amendment holding of McCoy v. Lo… |
| 21-8265 |
Michael S. Gorbey v. United States |
District of Columbia |
2022-06-29 |
Dismissed |
Response WaivedIFP |
appellate-review appointment-of-counsel compassionate-release constitutional-rights covid-19 criminal-procedure due-process equal-protection habeas-corpus post-conviction-relief statutory-interpretation |
Question not identified |
| 21-8268 |
Roger Acosta v. United States |
Ninth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-procedure federal-jurisdiction federal-prosecution indictment indictment-defect mens-rea rehaif-standard structural-error |
Whether a federal prosecution is structural error when a grand jury indicts a defendant for conduct that is not a federal offense? |
| 21-8269 |
James Paris Williams v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
advisory-guidelines advisory-range criminal-procedure criminal-sentencing district-court district-court-discretion sentencing sentencing-guidelines substantive-reasonableness upward-variance |
Did the district court impose a substantively unreasonable sentence when it varied upward from the advisory sentencing range? |
| 21-8271 |
Raul Garcia-Salazar v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8273 |
Jesus Fernando Fierro-Renteria v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 21-8274 |
Melvin Martinez v. United States |
Eleventh Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
covid-19 criminal-procedure due-process ineffective-assistance-of-counsel plain-error plain-error-review plea-bargaining plea-hearing virtual-proceedings |
Whether the 'reasonable probability of prejudice' showing required for plain error review of plea hearing defects was met where the petitioner informe… |
| 21-8276 |
Isidoro Reyes-Lopez v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8277 |
Matthew Michael Cimino v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-guidelines standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 21-8281 |
Jose Carreon-Gonzalez v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8285 |
Darryll Justin Lee Reed v. Oklahoma |
Oklahoma |
2022-06-29 |
Denied |
IFP |
criminal-procedure indian-law judicial-precedent jurisdiction mcgirt-rule procedural-law retroactive-application retroactivity statutory-interpretation substantive-law tribal-sovereignty |
Is McGirt a Substantive or Procedural rule? |
| 21-8287 |
Michael D. Phillips v. Florida |
Florida |
2022-06-29 |
Denied |
IFP |
burglary civil-rights criminal-intent criminal-procedure due-process evidence evidence-sufficiency jury-instructions prosecutorial-burden reasonable-doubt sentencing |
Did the prosecutor ever prove all prongs and elements for being a felon in possession? |
| 21-8240 |
Clayton Jones v. South Carolina |
Fourth Circuit |
2022-06-28 |
Denied |
IFP |
civil-rights criminal-procedure due-process jurisdiction speedy-trial standing |
Does the denial of a speedy trial violate due process rights? |
| 21-8248 |
Lorenzo Newborn, Karl Darnell Holmes, and Herbert McClain v. California |
California |
2022-06-28 |
Denied |
Relisted (2)IFP |
appointed-counsel court-appointment criminal-appeal criminal-procedure due-process in-forma-pauperis indigent-defendant indigent-status right-to-counsel supreme-court-rule writ-of-certiorari |
Whether petitioner should be granted leave to proceed in forma pauperis |
| 21-8250 |
Deandre McIntosh v. United States |
Ninth Circuit |
2022-06-28 |
Denied |
Response WaivedIFP |
buyer-seller buyer-seller-rule criminal-intent criminal-procedure drug-conspiracy due-process government-burden-of-proof knowledge knowledge-requirement stake sufficiency-of-evidence |
Whether a defendant can be convicted of drug conspiracy when he was no more than a buyer-seller and the government failed to establish he had knowledg… |
| 21-1601 |
Areli Carbajal Escobar v. Texas |
Texas |
2022-06-28 |
GVR |
Amici (3)Relisted (7) |
capital-murder criminal-procedure death-penalty dna-evidence due-process false-evidence federal-court habeas-corpus state-court |
Did the Texas Court of Criminal Appeals err in holding that the prosecution's reliance on admittedly false DNA evidence to secure petitioner's convict… |
| 21-8234 |
Bithomas Ceasar, Jr. v. United States |
Fifth Circuit |
2022-06-27 |
Denied |
Response WaivedRelisted (2)IFP |
bureau-of-prisons commitment competency competency-hearing criminal-procedure district-court judicial-authority mental-health-commitment restoration statutory-interpretation |
Whether a district court lacks authority to order additional competency restoration commitment under 18 U.S.C. § 4241(d)(2) |
| 21-8236 |
Edward Toliver v. United States |
Fifth Circuit |
2022-06-27 |
Denied |
Response WaivedIFP |
appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process fair-trial fairness-doctrine plea-agreement sentencing-guidelines |
Are plea agreement appeal waivers that forfeit a criminal defendant's right to challenge errors in the district court's interpretation and application… |
| 21-8238 |
James Seeley v. United States |
Second Circuit |
2022-06-27 |
Denied |
Response WaivedIFP |
18-usc-2252a constitutional-interpretation criminal-procedure due-process fourth-amendment proportionality sentencing-commission sentencing-guidelines sixth-amendment statutory-authority statutory-interpretation |
What is the correct United States Sentencing Guideline for a conviction under 18 U.S.C. 2252A? |
| 21-8227 |
Jose Fernando Ochoa-Fabian v. United States |
Fifth Circuit |
2022-06-24 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8228 |
Angel Daniel Caraballo v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-06-24 |
Denied |
Response WaivedIFP |
competency-hearing criminal-procedure due-process evidentiary-standards habeas-corpus ineffective-assistance-of-counsel mental-health sworn-testimony |
Whether defendant is entitled to a competency hearing |
| 21-8231 |
Fidel Torres-Villanueva v. United States |
Fifth Circuit |
2022-06-24 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8206 |
Noble Laverne Bennett v. United States |
Eighth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
appeal appellate-review constitutional-interpretation criminal-procedure due-process extraordinary-circumstances habeas-corpus judicial-discretion procedural-error sentencing sentencing-review |
Whether the Eighth Circuit erred in denying Bennett's appeal without an opportunity to be heard |
| 21-8208 |
Homer Jones v. Luke Pettigrew, Warden |
Tenth Circuit |
2022-06-23 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus interstate-jurisdiction sovereign-immunity sovereign-nation treaty |
Is a treaty between Sovereign Nations over an individual State's Laws? |
| 21-8210 |
Ralph William Lee, III v. Maryland |
Maryland |
2022-06-23 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights confidential-documents constitutional-law constitutional-rights criminal-procedure due-process fourth-amendment right-to-counsel unreasonable-seizure waiver warrantless-search |
Did the lower court violate Maryland Rule 4-215 and Appellant's constitutional rights by failing to ensure that he knowingly and voluntarily waived hi… |
| 21-8211 |
Richard Vincent Letizia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-23 |
Denied |
IFP |
burden-of-proof civil-rights constitutional-rights criminal-procedure due-process extradition federal-appeals habeas-corpus identity-dispute |
Whether the State of Texas can grant extended bail without first meeting the burden of proving the petitioner's identity? |
| 21-8212 |
Anthony N. Ott v. New York |
New York |
2022-06-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-appeal criminal-procedure door-opening double-jeopardy due-process evidence ineffective-assistance ineffective-assistance-of-counsel new-york-law vindictive-sentencing vindictiveness |
Whether the New York courts erred in applying the 'opening the door' standard |
| 21-8213 |
James York v. United States |
Ninth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion administrative-remedies asthma compassionate-release covid-19 criminal-procedure discretionary-review federal-corrections sentencing-factors |
Whether the District Court Abused its Discretion by Denying Mr. York's Motion for Compassionate Release? |
| 21-8214 |
Miguel Andres-Tomas v. United States |
Fifth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-review recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8215 |
Nathaniel Ausbie v. United States |
Fifth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-conviction criminal-procedure due-process government-theory jury-instructions legal-review sufficiency-of-evidence |
When a defendant challenges the sufficiency of the evidence for his conviction, may a court of appeals affirm based on a theory different from the one… |
| 21-8216 |
Roy Lee Dykes v. United States |
Fourth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process evidence jury-instructions sentencing |
Whether the Fourth Circuit erred in affirming the district court's rulings on the defendant's motions regarding weapons evidence, prejudicial testimon… |
| 21-8219 |
Dante Danil Carter v. California |
California |
2022-06-23 |
Denied |
IFP |
14th-amendment 5th-amendment criminal-procedure doyle-v-ohio due-process fifth-amendment fourteenth-amendment miranda miranda-rights post-miranda-silence self-incrimination |
Whether the California trial court deprived Carter of his 5th and 14th Amendment rights by permitting the prosecution to impermissibly use his post-Mi… |
| 21-8224 |
Arthur L. Gurbey v. United States |
Second Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
circuit-split compelled-self-incrimination criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph polygraph-testing self-incrimination supervised-release |
Whether a condition of supervised release impermissibly compels a defendant to answer any questions posed during any examination during the period of … |
| 21-8225 |
Luis Adrian Carchi-Fernandez v. United States |
Fifth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-1586 |
Cheryl Romano, et vir v. Jazz Casino Company, L.L.C., et al. |
Fifth Circuit |
2022-06-23 |
Denied |
|
constitutional-rights due-process evidence evidence-review findings-of-fact inferences judicial-procedure jury-trial seventh-amendment summary-judgment |
Whether the lower courts violated the standards set in Tolan v. Cotton, Anderson v. Liberty Lobby, and Eastman Kodak v. Image Technical Services when … |
| 21-8196 |
Cody Andrew Anderson v. United States |
Fifth Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonable reasonableness sentencing supervised-release |
Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness or merely to see if… |
| 21-8197 |
Michael James Bosman v. United States |
Tenth Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
alternatives criminal-procedure fourth-amendment law-enforcement-conduct police-conduct precedent probable-cause reasonableness reasonableness-standard search-and-seizure seizure |
Did the Tenth Circuit misapply this Court's precedent, and wrongly reject Mr. Bosman's Fourth-Amendment-claim, when it dismissed the availability of a… |
| 21-8198 |
Ruben Cabrera Saucedo v. United States |
Fifth Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
criminal-procedure davis-precedent district-court-discretion double-jeopardy motion-to-vacate sentence-modification sentencing unconstitutional unconstitutional-conviction united-states-v-davis |
Whether, after a motion to vacate sentence is granted on a conviction that is unconstitutional under United States v. Davis, 139 S. Ct. 2319 (2019), a… |
| 21-8201 |
Judel Espinoza-Gonzalez v. United States |
Ninth Circuit |
2022-06-22 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-waiver constitutional-violation conviction-review criminal-procedure district-court-authority due-process jurisdictional-challenge mandatory-minimum mandatory-sentence sentencing unconstitutional-conviction |
Whether a court can summarily enforce an appellate waiver to bar motions to vacate convictions and mandatory prison sentences under 18 U.S.C. § 924(c)… |
| 21-8203 |
Galina Rytsar v. Lonnie Oliver, Superintendent, State Correctional Institution at Cambridge Springs |
Third Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
criminal-procedure deportation-consequences discovery due-process guilty-plea habeas-corpus impeachment-of-witnesses ineffective-assistance sixth-amendment sixth-amendment-right translation |
Ineffective-assistance-of-counsel |
| 21-8204 |
Reginald Brown v. United States |
Eleventh Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process forfeiture ineffective-counsel pro-se pro-se-representation right-to-counsel severance sixth-amendment |
Whether the district court erred by denying the motions for severance? |
| 21-8188 |
Joe Davis, Jr. v. Florida |
Florida |
2022-06-21 |
Denied |
IFP |
client-advice constitutional-rights criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer right-to-counsel sixth-amendment |
Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client whether acceptance or rejection of a pl… |
| 21-8190 |
Thomas Luczak v. United States |
Seventh Circuit |
2022-06-21 |
Denied |
Response RequestedResponse WaivedRelisted (13)IFP |
acquitted-conduct criminal-procedure double-jeopardy due-process sentencing united-states-v-watts |
Whether this Court should overturn its decision in United States v. Watts, 519 U.S. 148 (S.Ct. 1997), which holds that sentencing judges can consider … |
| 21-1576 |
Timothy J. Smith v. United States |
Eleventh Circuit |
2022-06-21 |
Judgment Issued |
Amici (5)Relisted (2) |
acquittal circuit-split constitutional-right criminal-procedure double-jeopardy due-process reprosecution retrial trial-remedy venue |
Whether the proper remedy for the government's failure to prove venue is an acquittal barring reprosecution of the offense |
| 21-8171 |
Lamar Keith Garvin v. United States |
Fourth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing defendant-characteristics due-process judicial-discretion sentencing sentencing-disparities sentencing-guidelines sentencing-range sentencing-variance |
Whether the district court abused its discretion in not granting the defendant a variance sentence |
| 21-8172 |
Juan Manuel Contreras-Zamora v. United States |
Fifth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure fifth-amendment interrogation interrogation-rights legal-communication miranda-rights re-initiation right-to-counsel self-incrimination suspect-invocation waiver |
Whether a suspect who states 'Look man, 'm going to tell you just like this; I need my lawyer' must have a lapse of time before being deemed to have r… |
| 21-8173 |
Vincent Raymond Rios v. United States |
Ninth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure drug-crimes due-process guilty-plea ineffective-assistance ineffective-counsel language-barrier language-rights plea-bargaining |
Should the Ninth Circuit have vacated Mr. Rios's guilty plea for lack of a knowing and voluntary waiver of his constitutional rights |
| 21-8174 |
Scott Svoboda v. Ohio |
Ohio |
2022-06-17 |
Denied |
IFP |
attorney-client-privilege attorney-client-relationship confiscation criminal-procedure effective-assistance-of-counsel prosecutorial-misconduct right-to-counsel sixth-amendment trial-strategy |
Whether a criminal defendant is denied his right to the effective assistance of counsel |
| 21-8176 |
Marice Nalls v. Louisiana |
Louisiana |
2022-06-17 |
Denied |
IFP |
aggravated-rape armed-robbery constitutional-rights criminal-procedure double-jeopardy due-process fair-trial prescribed-charge prescription simultaneous-trial |
Whether Petitioner's Constitutional right to a fair trial was violated |
| 21-8179 |
Terrance Washington v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. |
Third Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure fourth-amendment probable-cause search-and-seizure warrant-requirement |
Whether petitioners' Fourth Amendment rights were violated when they were arrested without a warrant and subjected to a warrantless search and seizure |
| 21-8182 |
Reuben Conway v. United States |
Ninth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-courts federal-jurisdiction indictment indictment-defect jurisdiction mens-rea rehaif-v-united-states statutory-interpretation |
Whether an indictment's failure to charge the essential mens rea element renders federal courts without jurisdiction |
| 21-8152 |
Filiberto Chavez, aka Big Boy, aka Freeway Beto v. United States |
Ninth Circuit |
2022-06-16 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-discretion lesser-offense sentencing sentencing-enhancement statutory-maximum |
Can a sentencing court use the elements of a lesser offense to increase a defendant's sentence in a different, legally unrelated, offense beyond the o… |
| 21-8158 |
Larry Jose Torrez-Gutierrez v. United States |
Fifth Circuit |
2022-06-16 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8159 |
Danny Leon Lynch, Jr. v. United States |
Fifth Circuit |
2022-06-16 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-8160 |
Jamie M. Coffey v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-06-16 |
Denied |
IFP |
14th-amendment appeal appellate-review criminal-procedure due-process griffith-v-kentucky judicial-precedent retroactive-application retroactivity |
Do the State and Federal courts violate a petitioner's 14th Amendment Right to due process when they decline to apply a new rule governing a criminal … |
| 21-8163 |
Benjamin Perez-Jimenez v. United States |
Fifth Circuit |
2022-06-16 |
Denied |
Response WaivedIFP |
case-review constitutional-law court-of-appeals criminal-procedure due-process judicial-precedent legal-procedure sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8165 |
Darryl Keith Rolle v. Florida |
Florida |
2022-06-16 |
Denied |
IFP |
14th-amendment criminal-procedure due-process equal-protection rule-of-lenity sentencing |
Whether Florida Statute section 775.021(1) concerning the rule of lenity is being unconstitutionally applied to defendants in violation of the due pro… |
| 21-8143 |
Marcus Branch v. Ohio |
Ohio |
2022-06-15 |
Denied |
IFP |
constitutional-rights criminal-offense criminal-procedure double-jeopardy due-process parole parole-board sentencing separation-of-powers |
Was the double-jeopardy clause violated? |
| 21-8146 |
Gregory Thomas v. United States |
Second Circuit |
2022-06-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process first-step-act judicial-procedure legal-standard sentencing sentencing-relief statutory-interpretation |
Whether the lower court abused its discretion by failing to follow the law and determine a defendant's eligibility for First Step Act relief, in viola… |
| 21-8128 |
Duane Williams v. United States |
Fifth Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-right criminal-procedure due-process evidentiary-standard mandatory-conditions revocation-hearing standard-conditions supervised-release witness-testimony |
Whether the district court erred by revoking Mr. Williams' supervised-release-status-and-returning-him-to-prison |
| 21-8131 |
Daniel A. Rodriguez v. United States |
Eleventh Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process newly-discovered-evidence plea-bargaining post-conviction-relief statutory-interpretation |
Does a Silonk Plea Foraclose a ddfondant From flint a Mlohion For Newly Discovered Evitelone@. |
| 21-8134 |
Jacquere Doran v. United States |
Eighth Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure district-court fourth-amendment ineffective-assistance ineffective-assistance-of-counsel legal-procedure waiver |
Whether the District Court Erred in Ruling that Petitioner Waived an Ineffective Assistance of Counsel Claim Based on a Fourth Amendment Violation? |
| 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 |
Whether counsel was ineffective due to defense strategy |
| 21-8137 |
David Lee Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability criminal-procedure entrapment ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell reasonable-jurists sixth-amendment strategic-decision undercover-operation |
Whether an attorney's decision to forego a viable defense can be considered 'strategic' if the attorney misunderstood the law |
| 21-8138 |
Lawrence J. Gerrans v. United States |
Ninth Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure first-amendment free-exercise religious-rights sixth-amendment structural-error trial-rights |
May a district court prohibit a defendant from possessing and consulting a Bible during a criminal trial? |
| 21-8139 |
Duenta Grier v. Georgia |
Georgia |
2022-06-14 |
Denied |
Response WaivedIFP |
availability confrontation-clause constitutional-rights criminal-procedure cross-examination due-process government-agent minors testimonial-hearsay witness-availability |
Was the Confrontation Clause violated? |
| 21-8140 |
Richard Chippero v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process insufficient-evidence legal-sufficiency sufficiency-of-evidence |
Should Petitioner's convictions be vacated due to insufficient evidence? |
| 21-1557 |
Dayonta McClinton v. United States |
Seventh Circuit |
2022-06-14 |
Denied |
Amici (6)Response RequestedResponse WaivedRelisted (14) |
criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 21-1562 |
Jermel Leon Reed v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2022-06-14 |
Denied |
Response Waived |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment grand-jury grand-jury-indictment ineffective-assistance-of-counsel sixth-amendment |
Was Reed's right to a grand jury indictment secured by the Fourteenth and Fifth Amendment to the United States Constitution violated when Reed was not… |
| 21-8125 |
Carlos Montano v. United States |
Ninth Circuit |
2022-06-13 |
Denied |
Response WaivedRelisted (2)IFP |
boykin-standard change-of-plea-hearing constitutional-rights criminal-procedure due-process felony-conviction ninth-circuit plea-bargaining plea-hearing substance-abuse |
did-the-ninth-circuit-overlook-boykin-and-its-progeny |
| 21-8107 |
Keith Undray Ford v. Suzanne M. Peery, Warden |
Ninth Circuit |
2022-06-10 |
Denied |
Response WaivedIFP |
adjudication criminal-procedure due-process federal-courts federal-statute habeas-corpus legal-interpretation presumption-of-innocence presumption-of-law state-court state-courts |
When an issue before a state court is resolved by an assumption of fact, as opposed to a factual finding, has the issue before the state court been 'a… |
| 21-8117 |
Xavier Jamaal Orange v. United States |
District of Columbia |
2022-06-10 |
Denied |
Response WaivedIFP |
counsel-error criminal-procedure ineffective-assistance ineffective-assistance-of-counsel molina-martinez molina-martinez-v-united-states prejudice sentencing sentencing-guidelines |
Whether a defendant claiming ineffective assistance of counsel at sentencing can establish prejudice from a Sentencing Guidelines error despite the se… |
| 21-8123 |
Terry Malone v. Pennsylvania |
Pennsylvania |
2022-06-10 |
Denied |
Response WaivedIFP |
burden-of-proof controlled-substance criminal-procedure due-process fourteenth-amendment mandatory-presumption patterson-v-new-york rebuttable-presumption |
Did the superior court violate the due process clause of the fourteenth amendment and the dictates of this court in 'Patterson v. New York', 432 U.S. … |
| 21-8124 |
Kywon A. Datham v. United States |
District of Columbia |
2022-06-10 |
Denied |
Response WaivedIFP |
civil-rights compassionate-release criminal-procedure danger-to-community due-process incarcerated-persons judicial-discretion rule-35b sentence-reduction sentencing time-bar |
whether District of Colombia Count of Appeels errel . hen it denicd petitioner's fequest for Somameny reversal? |
| 21-1551 |
Jamar E. Plunkett v. Dan Sproul |
Seventh Circuit |
2022-06-10 |
Denied |
|
ambiguity contract-interpretation criminal-procedure defendant-rights due-process judicial-interpretation plea-agreement rule-of-lenity statutory-interpretation |
Whether a plea agreement that is subject to more than one reasonable interpretation must be interpreted in the defendant's favor |
| 21-8100 |
Luis Antonio Molina-Rivas v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-law constitutional-provisions criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8101 |
Marco Antonio Marin-Maldonado v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
Almendarez-Torres certiorari constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8102 |
Rodrigo Jimenez-Ramirez v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
almendarez-torres certiorari constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent sentencing stare-decisis statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8106 |
Jay Jurdi v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure government-misconduct ineffective-assistance jurisdictional-issue legal-standard preservation-of-error procedural-question self-incrimination sentencing statutory-provisions writ-of-certiorari |
Was Brent's counsel ineffective for failing to object to, and thereby preserve for review, the government-intended use of a novel, self-incriminating … |
| 21-8108 |
Daniel Gallegos-Quirino v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8109 |
Eric Ray Smith v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
or whether the court of appeals should first cons ambiguity contract-interpretation cooperation-agreement criminal-procedure government-as-drafter judicial-construction plain-error-review plea-agreement statutory-interpretation |
Whether a reasonable ambiguity in a cooperation or plea agreement necessarily defeats a defendant's claim of breach on plain error review, or whether … |
| 21-8110 |
In Re Wesley Mark Sudbury |
|
2022-06-09 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure collateral-order-doctrine due-process evidence evidentiary-restrictions interlocutory-appeal judicial-procedure statutory-interpretation wire-tap |
Whether a statute enacted by Congress titled Prohibition of use as evidence of intercepted wire or oral communications, intended to establish a right … |
| 21-8086 |
Jeremiah F. Wooden v. Massachusetts |
Massachusetts |
2022-06-08 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-record guilty-plea ineffective-assistance informed-consent meritorious-defenses plea-bargaining plea-counsel right-to-counsel sixth-amendment |
Whether plea counsel has a duty to advise of the impact of a conviction on his client's criminal record before a guilty plea |
| 21-8089 |
Darrell E. Gillespie v. United States |
Fourth Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
§924(c)-offense 924c categorical-approach civil-rights conspiracy crime-of-violence criminal-procedure davis-precedent due-process force-elements-clause pinkerton-liability |
Whether the invocation of Pinkerton theory of liability by the government, without more, obviates the government's requirement to satisfy the force/el… |
| 21-8091 |
Jermaine Jackson v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-violation criminal-procedure due-process evidence-tampering ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct trial-procedure |
Whether the Third Circuit Court of Appeals erred in finding that the defendant's constitutional rights were not violated and in not granting a new tri… |
| 21-8093 |
Albert Aiad-Toss v. United States |
Sixth Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
18-usc-3553 18-USC-3553a abuse-of-discretion criminal-procedure district-court-discretion procedural-reasonableness reasonableness sentencing sentencing-guidelines substantive-reasonableness supervised-release |
Whether Mr. Aiad-Toss's lifetime supervised release term was procedurally unreasonable |
| 21-8094 |
In Re Marcus O'Neal Jenkins |
|
2022-06-08 |
Denied |
Response WaivedRelisted (2)IFP |
arrest booked-on-charges civil-rights criminal-procedure custody due-process sixth-amendment speedy-trial |
Evidentiary Hearings on Jenkins' Ground Four Claim |
| 21-8096 |
Barbara Frantz v. Patrick C. Frantz |
Tenth Circuit |
2022-06-08 |
Denied |
Response WaivedRelisted (2)IFP |
beneficiary-dispute civil-procedure contingent-beneficiary criminal-appeal evidence evidence-standard life-insurance murder-allegation summary-judgment |
Whether the district court erred in granting summary judgment in favor of the contingent beneficiary where there is a genuine dispute of material fact… |
| 21-8072 |
Erik Daniel Salgado-Castellano v. United States |
Fifth Circuit |
2022-06-07 |
Denied |
Response WaivedIFP |
Almendarez-Torres appellate-procedure case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8073 |
Leihinahina Sullivan, aka Jen, aka Jennifer, aka Jennifer Sullivan, aka Lei Sullivan, aka Lei v. United States |
Ninth Circuit |
2022-06-07 |
Denied |
Response WaivedIFP |
appellate-jurisdiction collateral-order-doctrine court-of-appeals criminal-procedure divestiture-rule final-judgment non-appealable-order pro-se pro-se-status sentencing-phase |
Can a criminal defendant immediately appeal the revocation of her pro se status by a district court judge sua sponte during the trial? |
| 21-8074 |
Juan Jesus Barrieta-Barrera v. United States |
Fifth Circuit |
2022-06-07 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-8076 |
Siva K. Durbesula v. United States |
Fourth Circuit |
2022-06-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release |
Whether the Sixth Amendment requires a jury rather than a judge to determine facts which are used to apply enhanced punishments including the period o… |
| 21-8079 |
Kenyad Laquan Kelly v. United States |
Fourth Circuit |
2022-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court due-process federal-sentencing gall-v-united-states judicial-discretion legal-standard sentencing-guidelines standard-of-review |
Whether the District Court Erred in Applying a Different Starting Point for Defendant's Sentence than the United States Sentencing Guidelines? |
| 21-8081 |
Moses Clark v. California |
California |
2022-06-07 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-violation criminal-procedure double-jeopardy due-process fourteenth-amendment fourth-amendment habeas-corpus plea-agreement preliminary-hearing prosecutorial-misconduct |
Whether the state court violated the defendant's Fourth Amendment rights by bringing the defendant before the magistrate within 48 hours after arrest |
| 21-1531 |
Korry L. Ardell v. Joshua Kaul, Attorney General of Wisconsin |
Seventh Circuit |
2022-06-07 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process first-amendment free-speech habeas-corpus jury-instructions procedural-default stalking |
Did the jury instructions deny the defendant his constitutional right to a jury finding beyond a reasonable doubt of all facts necessary for convictio… |
| 21-8056 |
Earl Lee King v. Texas |
Texas |
2022-06-06 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process federal-law habeas-corpus newly-discovered-evidence procedural-impediment standing state-court-action state-created-impediment |
Has the action by the Court af Criminal Appeals of Texas in dismissing Petitioners State Application for Habeas Corpus Violated Article I, Section A, … |
| 21-8058 |
Alejandro Pascual-Miguel v. United States |
Fifth Circuit |
2022-06-06 |
Denied |
Response WaivedIFP |
constitutional-law criminal-case criminal-procedure due-process fifth-circuit judicial-review legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8059 |
Jesus Morales-Agustin v. United States |
Fifth Circuit |
2022-06-06 |
Denied |
Response WaivedIFP |
almendarez-torres Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit jury-trial sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8063 |
William Lee Wright Jr. v. California |
California |
2022-06-06 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process faretta faretta-motion judicial-discretion self-representation timeliness totality-of-the-circumstances |
Whether a pre-trial request for self-representation under Faretta v. California is timely |
| 21-8064 |
Antonio D. Shannon v. Randall Hepp, Warden |
Seventh Circuit |
2022-06-06 |
Denied |
Response WaivedIFP |
counsel-obligations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify sixth-amendment |
whether-the-defendant-has-the-right-to-testify |
| 21-8067 |
Juan Gomez v. Scott Frauenheim, Warden |
Ninth Circuit |
2022-06-06 |
Denied |
IFP |
child-sexual-abuse criminal-procedure culpability due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability sixth-amendment |
Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to investigate and presen… |
| 21-8069 |
Billy Wayne Lewis v. Texas |
Texas |
2022-06-06 |
Denied |
IFP |
4th-amendment appellate-review circuit-split constitutional-interpretation criminal-procedure fourth-amendment rodriguez-precedent rodriguez-v-united-states search-and-seizure supreme-court-guidance unreasonable-search |
Has the Tenth Court of Appeals of the State of Texas made a decision in this instant case that is in direct conflict with this Court's decision and gu… |
| 21-8045 |
Marcellus Overton v. United States |
Second Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
brady-violation criminal-procedure exculpatory-evidence guilty-plea materiality materiality-standard plea-withdrawal reasonable-defendant rule-11 united-states-v-dominguez-benitez |
When a defendant seeks to withdraw his or her guilty plea based upon the Government's failure to timely disclose exculpatory evidence, is the 'materia… |
| 21-8047 |
Santiago Esquivel v. Gary Miniard, Warden |
Sixth Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fundamental-fairness habeas-corpus miranda-rights post-arrest-silence prosecutorial-conduct prosecutorial-misconduct sixth-circuit |
did-the-sixth-circuit-err-in-failing-to-find-the-district-court's-decision-on-the-prosecutor's-reference-to-petitioner's-silence-as-debatable-or-wrong |
| 21-8052 |
Rene Sanchez-Quintero v. United States |
Fifth Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
case-review constitutional-law court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8054 |
Carlos Johnson v. Dan Reddington, Warden |
Missouri |
2022-06-03 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause constitutional-rights crawford-v-washington criminal-procedure due-process evidence-law habeas-corpus hearsay probation-revocation |
Whether criminal defendants in probation revocation proceedings should be provided a more robust right to confrontation under the due process clause, … |
| 21-8020 |
Ronald Mitchell v. United States |
Eighth Circuit |
2022-06-02 |
Denied |
Response WaivedIFP |
§2255-motion 21-usc-841 certificate-of-appealability criminal-procedure drug-abuse drug-distribution heroin-possession ineffective-assistance ineffective-assistance-of-counsel serious-bodily-injury |
Was trial counsel constitutionally ineffective for failing to consult or hire an expert witness in drug abuse |
| 21-8033 |
Jesus Francisco Fernandez v. United States |
Tenth Circuit |
2022-06-02 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure fourth-amendment good-cause plain-error plain-error-review pretrial-motions |
When a defendant raises a derivative theory on appeal that was not raised in a timely suppression motion in district court |
| 21-8034 |
Robert Lawrence v. United States |
Eleventh Circuit |
2022-06-02 |
Denied |
Response WaivedIFP |
circuit-split compassionate-release criminal-procedure defendant-motion first-step-act sentencing-guidelines statutory-interpretation |
Is the Eleventh Circuit's decision in United States v. Bryant correct in determining that Section 1B1.13 of the United States Sentencing Guidelines is… |
| 21-8039 |
George Munoz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-02 |
Denied |
IFP |
appellate-review criminal-homicide criminal-procedure different-outcome evidence-limitation ineffective-assistance-of-counsel jury-instructions motion-for-new-trial prejudice reasonable-likelihood trial |
Whether a defendant is required to show a reasonable likelihood of a different outcome at trial to establish prejudice from ineffective assistance of … |
| 21-8041 |
Markentz Blanc v. United States |
Eleventh Circuit |
2022-06-02 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights constitutional-rights due-process evidence evidentiary-standards judicial-interpretation procedural-protections standing state-law vagueness-doctrine |
Whether an unaddressed Constitutional claim not affirmatively contradicted by the record deserves review, and if so, should review under Due Process C… |
| 21-8007 |
In Re Michael David Hower |
|
2022-06-01 |
Denied |
Response WaivedIFP |
28-usc-2255 aedpa criminal-procedure due-process evidentiary-hearing federal-rules habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massaro-v-united-states plea-withdrawal |
Has AEDPA created an unconstitutional barrier that has rendered the petitioner's remedy under 28 U.S.C. §2255 inadequate or ineffective? |
| 21-8008 |
In Re James Martin Graham |
|
2022-06-01 |
Denied |
IFP |
criminal-jurisdiction criminal-procedure due-process federalism fifth-amendment habeas-corpus subject-matter-jurisdiction tenth-amendment |
Did the indictment fail to charge an offense against the laws of the United States, because no jurisdiction has been ceded or accepted over the place … |
| 21-8009 |
Joshua Rodney Meech v. United States |
Ninth Circuit |
2022-06-01 |
Denied |
Response WaivedIFP |
18-usc-922a6 appellate-review criminal-procedure due-process firearm-regulation huddleston-v-united-states mens-rea rehaif-v-united-states standing statutory-interpretation united-states-v-bailey |
Whether the prosecution was lawfully brought under 18 USC §922(a)(6) where the petitioner never possessed, acquired, paid for, or left a deposit for a… |
| 21-8011 |
David Reese v. Florida |
Florida |
2022-06-01 |
Denied |
Response WaivedIFP |
civil-rights court-records criminal-procedure due-process government-misconduct standing |
How can the lower courts rule against my motions that I had filed in their courts and say that my allegations are frivolous when the documents show I … |
| 21-8017 |
Stephen Scott Meals, Jr. v. United States |
Fifth Circuit |
2022-06-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment constitutional-provisions criminal-procedure district-court due-process exclusionary-rule federal-law fifth-circuit judicial-review motion-to-suppress search-and-seizure standing |
Whether the Fifth Circuit erred in affirming the district court's denial of the defendant's motion to suppress |
| 21-8018 |
Ramon Ortiz Perez v. Giselle Matteson, Warden |
Ninth Circuit |
2022-06-01 |
Denied |
Response WaivedIFP |
court-appointed-counsel criminal-procedure exclusionary-rule fourth-amendment habeas-corpus in-forma-pauperis ninth-circuit search-and-seizure standing supreme-court-rules writ-of-certiorari |
Whether the Ninth Circuit erred in affirming the district court's denial of petitioner's motion to suppress evidence obtained in violation of the Four… |
| 21-8025 |
Christopher Thieme, aka John Thieme v. United States |
Third Circuit |
2022-06-01 |
Denied |
Response WaivedIFP |
18-usc-3664 all-writs-act criminal-law criminal-procedure illegal legal-relief restitution restitution-order sentencing sentencing-procedure statutory-interpretation writ-of-audita-querela |
Does 18 U.S.C. §3664(k) and (0) permit a defendant to file a motion to vacate a restitution he asserts is illegal? |
| 21-8030 |
Andre Marcus Buchanan v. United States |
Fourth Circuit |
2022-06-01 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a career-offender criminal-procedure due-process plain-error plain-error-review reasonableness sentencing |
Whether Mr. Buchanan's sentence is unreasonable because it is greater than necessary to accomplish the goals of 18 U.S.C. § 3553(a) |
| 21-1504 |
Jason Wayne Carlile v. Texas |
Texas |
2022-06-01 |
Denied |
Response Waived |
adversarial-testing criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether a defense attorney's complete failure to subject the State's case to adversarial testing during a trial deprives a criminal defendant of the e… |
| 21-8000 |
Elijah Johnson v. California |
California |
2022-05-31 |
Denied |
Response WaivedIFP |
appellate-review constitutional-interpretation criminal-procedure general-verdict inconsistent-verdicts jury-trial reasonable-doubt sixth-amendment |
Whether a reviewing court may uphold a general verdict by relying on a specific fact the jury rejected as not proved beyond a reasonable doubt, in lig… |
| 21-7985 |
Freddie Glover v. Florida |
Florida |
2022-05-27 |
Denied |
Response WaivedIFP |
appeal capital-crime constitutional-rights criminal-procedure due-process grand-jury information-charging notice opportunity-to-be-heard state-counsel subject-matter |
Whether Glover's Due Process Rights were violated by not allowing him opportunity to respond to State Counsel Answer Brief prior to the court making a… |
| 21-7986 |
Stephen Gosch v. Florida |
Florida |
2022-05-27 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence evidence-disclosure fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct state-court |
Did the state court violate the petitioner's right to due process of law as guaranteed by the Fourteenth Amendment? |
| 21-7987 |
Keith Rose v. United States |
Ninth Circuit |
2022-05-27 |
Denied |
Response WaivedIFP |
civil-rights collateral-review criminal-conviction criminal-procedure due-process habeas-corpus judicial-review plea-agreement plea-bargaining standing |
Whether the right recognized in Class v. United States extends to collateral review |
| 21-7988 |
Donald Tarnawa v. United States |
Fifth Circuit |
2022-05-27 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure financial-factors financial-resources restitution restitution-modification sentencing sentencing-procedure standard-of-review |
Whether the controlling standard of review for modification under 18 USCA § 3664(k) should be de novo or abuse of description |
| 21-7990 |
Jerry Lee Craig, Sr. v. Brent Fluke, Warden, et al. |
Eighth Circuit |
2022-05-27 |
Denied |
IFP |
civil-rights criminal-procedure due-process ineffective-assistance judicial-bias standing |
Whether conflict of interest existed at trial after judge gamed the withholding of evidence from the defense |
| 21-7991 |
Mario Mandell Moore v. Michigan |
Michigan |
2022-05-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process equal-protection identification-procedure identification-procedures police-misconduct show-up-identification show-up-identifications writ-of-certiorari |
Whether petitioner is entitled to a writ of certiorari where Michigan has denied him due process, equal protection and ignored the dictates of this Co… |
| 21-7995 |
Joseph Kurz v. Tim Hooper, Warden |
Fifth Circuit |
2022-05-27 |
Denied |
Response WaivedIFP |
constitutional-amendments criminal-procedure due-process effective-assistance-of-counsel ex-post-facto fifth-circuit fourteenth-amendment reasonable-jurists sixth-amendment |
Whether reasonable jurists would determine there was sufficient evidence to support convictions |
| 21-7996 |
George Edward Purdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-27 |
Denied |
IFP |
5th-amendment blockburger-rule criminal-procedure double-jeopardy fifth-amendment jurisdiction plea-bargaining prosecutorial-discretion venue |
Where identical charges are filed for the same alleged victim in multiple counties, is it a violation of the 5th Amendment double-jeopardy rule based … |
| 21-7997 |
Benjamin Green Robinson v. United States |
Eleventh Circuit |
2022-05-27 |
Denied |
Response WaivedIFP |
abuse-of-discretion cocaine-trafficking criminal-procedure evidence judgment-of-acquittal judicial-discretion motion-in-limine motion-to-suppress plain-error prior-conviction |
Whether the lower courts abused their discretion in admitting prior conviction evidence |
| 21-7998 |
Lamar Daniel Ron Wilson v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2022-05-27 |
Denied |
Response WaivedRelisted (2)IFP |
charging-instrument constitutional-violation criminal-procedure double-jeopardy due-process felony-information indictment ineffective-counsel plea-agreement |
Plea-agreement-as-sole-evidence-for-conviction |
| 21-7976 |
Mark A. Hill v. Ohio |
Ohio |
2022-05-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief pro-se right-to-counsel standing |
Whether it is unconstitutional for a state court to make it mandatory that an indigent, pro se prisoner provide an attorney affidavit in order for cla… |
| 21-7980 |
Perry Singo v. Tennessee |
Tennessee |
2022-05-26 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law criminal-procedure due-process judicial-independence political-influence political-interference separation-of-powers state-constitution |
Are the attacks on the judiciary and the efforts of politicians to change the judiciary so it will do things the politicians want it to do denying due… |
| 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… |
| 21-7967 |
Jairo Hernandez v. United States |
Ninth Circuit |
2022-05-25 |
Denied |
Response WaivedIFP |
appellate-procedure criminal-procedure criminal-sentencing due-process habeas-corpus jurisdiction procedural-default retroactivity statutory-interpretation subject-matter-jurisdiction supreme-court-precedent unconstitutional-statute |
Can a defendant procedurally default a claim that the court lacked jurisdiction to imprison him under an unconstitutional statute? |
| 21-7970 |
Oscar Geovanny Campos v. United States |
Fifth Circuit |
2022-05-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guideline-range holguin-hernandez judicial-discretion sentencing-arguments sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 21-7973 |
In Re Roberto Villarreal |
|
2022-05-25 |
Denied |
IFP |
4th-amendment 5th-amendment certificate-of-appealability constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus liberty-interest marijuana-criminalization |
Whether the Supreme Court will grant a writ of habeas corpus to review the denial of a certificate of appealability for habeas relief |
| 21-7974 |
Omero Rojas-Leal, aka Belarmino Lopez-Lopez v. United States |
Fifth Circuit |
2022-05-25 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-1482 |
Dequantey Maurice Williams v. United States |
Fourth Circuit |
2022-05-25 |
Denied |
Response Waived |
4th-amendment criminal-procedure evidence fourth-amendment law-enforcement motion-to-suppress plain-view-doctrine probable-cause search-and-seizure vehicle-search |
Whether the United States District Court For The Middle District Of North Carolina Erred in Denying Mr. Williams's Motion to Supress evidence related … |
| 21-1485 |
In Re Eileen Vey |
|
2022-05-25 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure criminal-venue due-process equal-protection ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct retaliation self-defense |
Whether this Court should clear Eileen Vey of all charges, since she was clearly criminally prosecuted and deprived of 'reasonable doubt' |
| 21-7957 |
Samuel Morales v. United States |
Fifth Circuit |
2022-05-24 |
Denied |
Response WaivedIFP |
burden-of-proof circumstantial-evidence conspiracy criminal-law criminal-procedure drug-conspiracy drug-crimes elements-of-crime reasonable-doubt |
Whether the government fails to prove the elements of a drug conspiracy beyond a reasonable doubt when it has only circumstantial evidence and that ev… |
| 21-7959 |
Salito Marques Good v. United States |
Fourth Circuit |
2022-05-24 |
Denied |
Response WaivedIFP |
appeal criminal-procedure criminal-sentencing double-jeopardy due-process fourth-circuit johnson-precedent sentencing-maximum statutory-interpretation statutory-maximum supervised-release |
Whether a defendant can be required to serve more than the statutory maximum sentence for his offense of conviction |
| 21-7960 |
Jesus Antonio Montoya-Balderrama v. United States |
Fifth Circuit |
2022-05-24 |
Denied |
Response WaivedIFP |
almendarez-torres-precedent certiorari constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7964 |
Estevan Saucedo v. California |
California |
2022-05-24 |
Denied |
IFP |
coerced-confession confession-admissibility constitutional-rights criminal-procedure due-process evidence-suppression exclusionary-rule law-enforcement-conduct miranda-rights police-misconduct police-tactics |
Was Appellant's Confession Admissible Since He Was Coerced by Illegal Police Tactics? |
| 21-7936 |
Jeffrey E. Akard v. Denis R. McDonough, Secretary of Veterans Affairs |
Federal Circuit |
2022-05-23 |
Denied |
Response WaivedRelisted (2)IFP |
benefits civil-rights criminal-procedure due-process federal-sentencing habeas-corpus incarceration retroactive-rule section-2255 special-appointment standing substantive-law |
Whether a disabled veteran has personal stake, interest, or standing to seek that his withheld 2021 benefit, due to his incarceration, receive a 'spec… |
| 21-7940 |
Jason P. Thomas v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2022-05-23 |
Denied |
IFP |
criminal-procedure double-jeopardy evidentiary-hearing fabricated-evidence ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sentencing |
Whether the District Court erred in disposing of Petitioner's claim of ineffective assistance of trial counsel surrounding the failure to litigate a v… |
| 21-7942 |
P'erre Jones v. United States |
Fifth Circuit |
2022-05-23 |
Denied |
Response WaivedIFP |
5th-amendment circuit-split criminal-procedure fifth-amendment polygraph polygraph-testing self-incrimination supervised-release |
Whether a circuit split should be resolved regarding whether a condition of supervised release requiring submission to polygraph testing violates a De… |
| 21-7943 |
Anthony Gerald Wernsman v. Colorado |
Colorado |
2022-05-23 |
Denied |
IFP |
colorado-courts confrontation-clause confrontation-rights criminal-procedure cross-examination due-process harmless-error self-incrimination witness-intoxication |
whether-confrontation-rights-were-violated |
| 21-7923 |
Charles K. Topping and J. W. Long, aka James Wayne Long v. United States |
Eleventh Circuit |
2022-05-20 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process essential-element fraud-scheme jury-instructions prosecutorial-misconduct theory-of-defense |
Where the district court's instructions to the jury in a criminal case provide—as part of the theory of defense instruction—an explanation of an essen… |
| 21-7933 |
John Armstrong, Jr. v. United States |
Eleventh Circuit |
2022-05-20 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
case-determination civil-rights criminal-adjudication criminal-procedure due-process legal-interpretation recidivism-calculation sentencing sentencing-containment statutory-interpretation supreme-court violent-offense |
Whether attempted Hobbs Act robbery qualifies as a crime of violence under 18 U.S.C. § 924(c) |
| 21-1465 |
Austin Channing McGraw v. Kentucky |
Kentucky |
2022-05-20 |
Denied |
Response Waived |
4th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fifth-amendment fourth-amendment self-incrimination warrantless-search |
Whether the government can advise a jury that a Defendant invoked his right against self-incrimination, and refused a consensual, warrantless search o… |
| 21-1464 |
Emond S. Gulley v. Kansas |
Kansas |
2022-05-19 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-law criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion term-of-years-sentence |
whether-mandatory-term-of-years-sentence-equivalent-to-life-without-parole-for-juvenile-offenders |
| 21-7908 |
Jose Mejia v. New York |
New York |
2022-05-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sixth-amendment |
Does the failure to apply the amendment retroactively deprive a defendant of his fundamental rights under the Sixth and Fourteenth amendments where he… |
| 21-7913 |
William Earl Sweet v. Florida |
Florida |
2022-05-19 |
Denied |
IFP |
criminal-procedure due-process equal-protection faretta-standard fourteenth-amendment habeas-corpus harmless-error self-representation timeliness |
Right-to-self-representation |
| 21-7915 |
Amado Rodriguez-Navarrete v. United States |
Fifth Circuit |
2022-05-19 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit precedent-review recidivism sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7918 |
Jaime Gonzalo Castiblanco Cabalcante v. United States |
Fifth Circuit |
2022-05-19 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process fifth-circuit harmless-error jury-deliberations jury-instructions knowledge-element |
Did the Fifth Circuit Court of Appeals err in finding that Castiblaneo failed to state a valid claim of the denial of a constitutional right? |
| 21-7922 |
Jason Michael Ehret v. United States |
Fifth Circuit |
2022-05-19 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process guilty-plea habeas-corpus judicial-bias rule-11 standing structural-error uncounseled-counsel void-conviction |
Does an uncounseled guilty plea constitute a structural error that can be raised at any time? |
| 21-7927 |
Lamar Reese v. Richard Bowen, Warden |
Sixth Circuit |
2022-05-19 |
Denied |
IFP |
citizenship-misrepresentation civil-rights constitutional-rights due-process evidence fair-trial plain-error polygraph polygraph-evidence |
Whether the failure to object to the admission of a polygraph examination that contained obvious errors deprived the defendant of a fair trial |
| 21-7932 |
Sameer Muhammad v. Florida |
Florida |
2022-05-19 |
Denied |
IFP |
appellate-procedure constitutional-rights criminal-procedure double-jeopardy due-process florida-constitution judicial-jurisdiction jurisdiction mandate trial-court-authority |
Whether the trial court was without jurisdiction to enter an order reinstating the previous order vacating offense under double jeopardy principle des… |
| 21-7897 |
Barry Slakman v. Georgia Board of Pardons and Paroles, et al. |
Eleventh Circuit |
2022-05-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ex-post-facto parole sentencing standing statutory-interpretation takings |
whether-the-court-has-misinterpreted-an-ex-post-facto-violation-within-the-context-of-parole |
| 21-7899 |
Francis Paul Sicola v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-05-18 |
Denied |
IFP |
criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure |
Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 21-7904 |
Vladimir Duarte v. New York |
New York |
2022-05-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process faretta-standard faretta-v-california self-representation sincerity sixth-amendment unequivocal-request waiver-of-counsel |
Whether a court must assess only the plain language of a defendant's self-representation request or also determine whether the defendant sincerely des… |
| 21-7905 |
Marc Anthony Sanders v. Oklahoma |
Oklahoma |
2022-05-18 |
Denied |
IFP |
appellate-review constitutional-law criminal-procedure ex-post-facto jurisdictional-conflict non-retroactivity oklahoma-court state-court-decisions subject-matter-jurisdiction supreme-court tenth-circuit |
Whether the Oklahoma Court of Criminal Appeals' use of a new non-retroactivity doctrine to deny Petitioner's subject-matter jurisdiction claim is vali… |
| 21-7910 |
Kendrick Dwight Marshall v. United States |
Fifth Circuit |
2022-05-18 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-7891 |
William Ramirez-Frechel v. United States |
First Circuit |
2022-05-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process federal-sentencing-guidelines judicial-discretion reasonableness reasonableness-review sentencing |
Whether the sentence imposed is unreasonable |
| 21-7895 |
Antoine Mayes v. United States |
Second Circuit |
2022-05-17 |
Denied |
Response WaivedIFP |
appellate-procedure circuit-court criminal-appeal criminal-procedure due-process habeas-corpus judicial-review sentencing supreme-court supreme-court-precedent united-states-v-davis |
Whether it was error for the Second Circuit to deny Mayes the right to file an appeal or collaterally attack his conviction in light of the Supreme Co… |
| 21-7898 |
Emilio Evalio Arenas v. Nevada |
Nevada |
2022-05-17 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process free-speech mistrial prejudice prosecutorial-misconduct standing |
Whether the Supreme Court of Nevada erred when it concluded that the petitioner was not prejudiced by cumulative error after the district court abando… |
| 21-1452 |
Matthew David Cwik v. Georgia |
Georgia |
2022-05-17 |
Denied |
Response Waived |
civil-procedure constitutional-rights criminal-procedure due-process evidence fair-trial military-testimony military-uniform victim-testimony witness-appearance |
Were Petitioner's due process and fair trial rights violated when the victim was allowed to testify in a military uniform? |
| 21-1456 |
Christy Poon-Atkins v. Sammy M. Sappington, et al. |
Fifth Circuit |
2022-05-17 |
Denied |
Response WaivedRelisted (2) |
7th-amendment civil-procedure civil-rights constitutional-review due-process evidence evidence-omission jury-trial procedural-rules standing |
Should the Defendants' documented admissions to speeding be reviewed by a jury, per Constitution Amendment VII, and due process? |
| 21-7876 |
Matthew Alexander, III v. United States |
Tenth Circuit |
2022-05-16 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure motion-to-suppress plain-error suppression-motion waiver |
When a defendant files a motion to suppress, then raises a new argument to support suppression in the court of appeals, is the new argument waived abs… |
| 21-7884 |
Juan Carlos Rodriguez-Garcia v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety, et al. |
North Carolina |
2022-05-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus judicial-review jurisdiction standing state-court state-jurisdiction |
Whether the State of North Carolina's continued confinement of the Petitioner is unconstitutional under the Court's prior rulings |
| 21-7854 |
Michael G. Peters v. David Hittner, Judge |
Fifth Circuit |
2022-05-13 |
Dismissed |
IFP |
confrontation-clause criminal-procedure cross-examination hearsay sixth-amendment unavailability |
Whether the Sixth Amendment's Confrontation Clause prohibits the admission of testimonial hearsay statements in a criminal trial when the declarant is… |
| 21-7856 |
William Garrido v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-05-13 |
Denied |
IFP |
confrontation-clause constitutional-rights criminal-procedure due-process prosecutorial-conduct prosecutorial-misconduct read-back-testimony right-to-fair-trial witness-testimony |
Whether a trial court violates a criminal defendant's constitutional right to due process of law by permitting a prosecutor to introduce previous unre… |
| 21-7862 |
Mark DeWayne Hallcy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-13 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-rights criminal-procedure due-process habeas-corpus mootness ninth-circuit post-conviction-relief sentencing sixth-amendment |
Does the aggravated assault with deadly weapon conviction moot the petitioner's § 2254 motion seeking relief? |
| 21-7866 |
Carlos Alberto Zamudio v. United States |
Fifth Circuit |
2022-05-13 |
Denied |
Response WaivedIFP |
appellate-jurisdiction appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standard-of-review withdrawal withdrawal-of-guilty-plea |
Whether the courts of appeals have improperly narrowed the 'fair and just reason' standard for evaluating a defendant's request to withdraw a guilty p… |
| 21-7869 |
Timothy Thibodeaux v. Tim Hooper, Warden |
Fifth Circuit |
2022-05-13 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-right constitutional-rights criminal-procedure due-process evidence fourteenth-amendment pro-se-petition sixth-amendment |
whether-mr-thibodeaux's-conviction-was-obtained-in-violation-of-the-sixth-and-fourteenth-amendments |
| 21-7872 |
Steven Guardado v. Billy K. Sipe, Jr., et al. |
Arizona |
2022-05-13 |
Denied |
Relisted (2)IFP |
compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process federal-constitution federal-question judicial-remedy pandemic-court state-courts |
Whether the decision of the Arizona Supreme Court prevents application of the Confrontation, Due Process and Compulsory Process Clauses of the US Cons… |
| 21-7852 |
Fernando Salazar-Figueroa v. United States |
Fifth Circuit |
2022-05-12 |
Denied |
Response WaivedIFP |
administration-of-justice appellate-review criminal-procedure drug-offense due-process federal-jurisdiction federal-law fifth-circuit mitigating-role sentencing-guidelines |
Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts related to a warranted mitigating role adjustment under… |
| 21-7857 |
Richard Dwayne Blalock v. Oklahoma |
Oklahoma |
2022-05-12 |
Denied |
IFP |
criminal-law criminal-procedure indian-law jurisdiction mcgirt-case native-american-rights procedural-rule retroactivity statutory-interpretation substantive-rule tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), is a Substantive ruling or a Procedural ruling |
| 21-7858 |
Larry Lewis v. Mississippi |
Fifth Circuit |
2022-05-12 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence-sufficiency grand-jury indictment ineffective-assistance-of-counsel jury-instructions |
Whether the indictment was defective in count 1 and 2 under state law, whether the indictment failed to specify the date and place of the alleged crim… |
| 21-7838 |
Leonardo Divinci Larck v. United States |
Eleventh Circuit |
2022-05-11 |
Denied |
Response WaivedIFP |
communication-failure constitutional-rights criminal-procedure effective-assistance-of-counsel ineffective-assistance-of-counsel lapsed-plea-offer plea-bargaining plea-offer sixth-amendment |
Does the Sixth Amendment right to effective assistance of counsel require counsel to communicate a client's inquiry/response to a formal plea offer? |
| 21-7840 |
Hazhar A. Sayed v. Colorado |
Colorado |
2022-05-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process guilty-plea immigration ineffective-assistance ineffective-assistance-of-counsel people-v-chavez-torres plea-bargaining plea-counsel |
Whether Mr. Sayed's plea was entered knowingly, intelligently, and voluntarily |
| 21-7842 |
Tommy Dean Bullcoming v. United States |
Tenth Circuit |
2022-05-11 |
Denied |
Response WaivedIFP |
6th-amendment access-to-evidence constitutional-rights crime-scene-access criminal-defendant-rights criminal-procedure due-process equal-protection evidence-gathering fair-trial property-rights |
Does an accused have a constitutional right to access a private crime scene? |
| 21-7844 |
James R. W. Mitchell v. Raymond Madden, Warden |
Ninth Circuit |
2022-05-11 |
Denied |
Response WaivedIFP |
counsel-appointment court-discretion criminal-defendant criminal-procedure faretta-right faretta-v-california mccoy-v-louisiana right-to-counsel right-to-self-representation self-representation sixth-amendment |
Whether the state court unreasonably applied Faretta v. California by reading a timeliness requirement into the right to self-representation |
| 21-7846 |
Jose L. Arroyo-Garcia v. Ohio |
Ohio |
2022-05-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure discrimination due-process equal-protection exceptions indictment-amendment legal-discrimination state-court state-courts |
Does the Due Process Clause tolerate invidious discrimination by way of a state court's denial of a well-established exception to the rule? |
| 21-7836 |
Bruce Edward Bingham, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-11 |
Denied |
IFP |
burden-of-proof closing-arguments constitutional-ineffective-assistance criminal-procedure discovery-violation due-process due-process-violation prosecutorial-misconduct remorse right-to-counsel |
Was the prosecution's remarks regarding the 'conscience of the community' and 'remorse' prosecutorial misconduct, or allowable argument? |
| 21-7822 |
Christopher Patrick Lovings v. United States |
Sixth Circuit |
2022-05-10 |
Denied |
Response WaivedIFP |
criminal-procedure enhancement fleeing fleeing-offense judicial-discretion knowledge knowledge-standard law-enforcement sentencing sentencing-guidelines ussg-3c1.2 |
Whether a sentencing court may apply an enhancement pursuant to USSG § 3C1.2 when the record fails to establish the defendant knew or had reason to kn… |
| 21-7824 |
Jerome Scott King v. United States |
Eighth Circuit |
2022-05-10 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review criminal-procedure defendant-rights due-process plea-agreement plea-bargaining sentencing voluntary-waiver |
Whether a provision in a plea agreement that bars a defendant from appealing a sentence of imprisonment violates due process and whether it can be kno… |
| 21-7830 |
Daniel Paul Starr v. United States District Court for the Northern District of Oklahoma |
Tenth Circuit |
2022-05-10 |
Denied |
Relisted (2)IFP |
civil-rights criminal-procedure double-jeopardy due-process judicial-communication judicial-misconduct jury-instructions jury-note jury-unanimity trial-conduct |
Whether the trial court erred in allowing the jury to convict the defendant on a lesser charge (misdemeanor) despite the indictment for a felony charg… |
| 21-7803 |
Frank Jauron Stringfellow v. Louisiana |
Louisiana |
2022-05-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process intoxication-defense jury-instructions non-unanimous-verdict supreme-court-review |
Whether the Louisiana Supreme Court, Louisiana Second Circuit Court of Appeal and the trial court erred in denying Frank Stringfellow's constitutional… |
| 21-7808 |
John Edward McIntyre v. United States |
Fifth Circuit |
2022-05-09 |
Denied |
Response WaivedIFP |
criminal-interdiction criminal-procedure equal-protection fourth-amendment high-crime-neighborhood high-crime-neighborhoods law-enforcement probable-cause racial-profiling targeted-enforcement traffic-stop |
Whether the holding in Whren v. United States should be overruled in cases where a traffic stop is the result of a targeted criminal interdiction oper… |
| 21-7813 |
Hector Cervantes-Resendiz v. United States |
Fifth Circuit |
2022-05-09 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit precedent-review sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-1428 |
Donald L. Blankenship v. United States |
Fourth Circuit |
2022-05-09 |
Denied |
Amici (1) |
brady-v-maryland brady-violation circuit-split criminal-procedure due-diligence due-process exculpatory-evidence prosecutorial-disclosure self-help |
Whether a defendant must show inability to obtain suppressed, exculpatory evidence through independent efforts to establish a Brady violation |
| 21-7791 |
Aaron Ramirez-Almader v. United States |
Fifth Circuit |
2022-05-06 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-procedure judicial-review legal-precedent recidivism sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7793 |
Leihinahina Sullivan v. United States District Court for the District of Hawaii |
Ninth Circuit |
2022-05-06 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights constitutional-rights criminal-procedure due-process free-speech grand-jury-procedure pro-se-defendant prosecutorial-misconduct standing subpoena-abuse |
Question not identified |
| 21-7797 |
Michael G. Peters v. Texas Medical Board |
Fifth Circuit |
2022-05-06 |
Dismissed |
IFP |
administrative-law administrative-procedure agency-action breakdown-of-communication criminal-procedure due-process effective-assistance-of-counsel judicial-review right-to-counsel sixth-amendment statutory-interpretation substitute-counsel |
Whether the Sixth Amendment right to effective assistance of counsel requires courts to appoint substitute counsel when a defendant demonstrates a com… |
| 21-7798 |
Francisco Manuel Padilla v. California |
California |
2022-05-06 |
Denied |
IFP |
constitutional-rights counsel-appointment criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargaining plea-withdrawal right-to-counsel standard-of-review |
Did the trial court abuse its discretion and violate the appellant's constitutional rights by denying his motion to withdraw his pleas? |
| 21-7782 |
William Larry Foley v. Texas |
Texas |
2022-05-05 |
Denied |
IFP |
appellate-review criminal-procedure due-process jury-trial jury-verdict standard-of-review sufficiency-of-evidence |
Is the evidence sufficient to sustain the jury's guilty verdict? |
| 21-7785 |
Jose Mena-Valdez v. United States |
Eighth Circuit |
2022-05-05 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure law-enforcement probable-cause vehicle-search warrantless-search |
Did law enforcement officers have probable cause to conduct a warrantless search of the vehicle driven by the Defendant? |
| 21-7786 |
Ignacio Trevizo-Cortez v. United States |
Fifth Circuit |
2022-05-05 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7766 |
Jacory Brown v. Christian Pfeiffer, Warden |
Ninth Circuit |
2022-05-04 |
Denied |
IFP |
constitutional-rights criminal-procedure district-court due-process effective-assistance ineffective-assistance-of-counsel legal-claims prima-facie-case sixth-amendment strickland-v-washington |
When does a showing under Strickland v. Washington establish a prima facie case of ineffective assistance of counsel under the Sixth Amendment? |
| 21-7768 |
Jowell Travis LeGendre v. Virginia |
Virginia |
2022-05-04 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-rights criminal-procedure due-process eighth-amendment fifth-amendment ineffective-assistance ineffective-counsel inquiry pre-trial |
Were my rights to due process prejudiced when the court failed to conduct inquiry concerning pre-trial claims of ineffective counsel? |
| 21-7771 |
James Lamar Strickland v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-05-04 |
Denied |
Response WaivedIFP |
brady-disclosure criminal-procedure due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sixth-amendment strickland-standard strickland-v-washington |
Whether the court of appeals improperly applied the prejudice standard articulated by this Court in Strickland v. Washington, 466 U.S. 668 (1984) |
| 21-1414 |
Barton Ray Crandall v. United States |
Eighth Circuit |
2022-05-04 |
Denied |
Response Waived |
18-usc-3582(c)(1)(A) 18-usc-924(c) criminal-law criminal-procedure criminal-sentencing extraordinary-and-compelling-reasons extraordinary-circumstances federal-sentencing judicial-discretion sentence-reduction sentencing-reduction statutory-interpretation |
Whether a district court may consider the 2018 amendment to the sentences mandated by 18 U.S.C. § 924(c) in determining whether a defendant has shown … |
| 21-1417 |
Vaughn Hoeflin Standley v. Department of Energy |
Federal Circuit |
2022-05-04 |
Denied |
Response Waived |
administrative-law administrative-procedure agency-deference agency-interpretation congressional-budget congressional-oversight evidence evidentiary-standard legislative-intent statutory-construction statutory-interpretation |
Should not an agency's Congressional budget justifications be considered compelling evidence of the agency's belief? |
| 21-7763 |
Randolph Ashford v. South Carolina |
South Carolina |
2022-05-03 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment amendment-rights constitutional-rights court-jurisdiction criminal-procedure due-process indictment indictment-procedure subject-matter-jurisdiction |
Was Petitioner's 5th, 6th, and 14th, Amendment Rights of the U.S. Constitution, Due Process Rights violated |
| 21-7765 |
Rafael Lora v. United States |
Third Circuit |
2022-05-03 |
Denied |
Response WaivedIFP |
appellate-procedure civil-rights due-process evidence judicial-review standing |
Whether the Appeals Court erred in denying, neglecting, avoiding, and failing to document the appellants' submitted evidence |
| 21-1398 |
Nelson Daniel Centeno v. Commonwealth of Puerto Rico |
Puerto Rico |
2022-05-02 |
Denied |
|
acquittals constitutional-law constitutional-rights criminal-procedure judicial-precedent non-unanimous-verdict puerto-rico puerto-rico-law ramos-v-louisiana sixth-amendment |
Does this Court's decision in Ramos v. Louisiana bar Puerto Rico from continuing to authorize non-unanimous acquittals? |
| 21-1401 |
John Doe v. Colonel Gary T. Settle, Superintendent, Virginia Department of State Police |
Fourth Circuit |
2022-05-02 |
Denied |
Response Waived |
8th-amendment civil-rights constitutional-law criminal-procedure due-process eighth-amendment punishment punishment-analysis sex-offender-registry smith-v-doe state-restrictions |
Whether a state sex offender registry that imposes restrictions on individuals beyond mere registration with state or local law enforcement constitute… |
| 21-7749 |
Samba Sarr v. Brian Cook, Warden |
Sixth Circuit |
2022-04-29 |
Denied |
IFP |
criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence kidnapping sexual-assault sufficiency-of-evidence |
Whether Counsel for Defendant was ineffective as trial counsel |
| 21-7733 |
Rashod Lewis v. United States |
Second Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
924(c) conviction-validity crime-of-violence criminal-procedure davis-precedent due-process sentencing statutory-interpretation statutory-offense united-states-v-davis vagueness-doctrine |
can-conviction-stand-on-non-existent-offense |
| 21-7734 |
Bruce Mitchell Nicholson v. United States |
Eleventh Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonableness search-warrant time-limit |
Does a violation of a time-limit prescribed in a search warrant render a search unreasonable under the Fourth Amendment? |
| 21-7735 |
Erskin Bernard Perryman v. United States |
Sixth Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-waiver base-offense-level criminal-procedure due-process judicial-review minor-participant plea-agreement sentencing-guidelines sixth-circuit |
Whether the trial court calculated the petitioner's guideline range correctly |
| 21-7738 |
Guillermo Mata-Valerio v. United States |
Fifth Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
appellate-procedure certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7742 |
Marvel Jones v. John M. Carter, et al. |
Eighth Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
civil-procedure court-review criminal-procedure dismissal-without-prejudice federal-rules legal-ruling pleading prejudice res-judicata standing summary-judgment |
Whether a dismissal without prejudice resulted in a final disposition against the backdrop of a res judicata bar |
| 21-7743 |
Matthew J. Kidder v. Nebraska |
Nebraska |
2022-04-28 |
Denied |
Response WaivedIFP |
constitutional-rights counsel criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance sentencing sixth-amendment state-court-jurisdiction |
Is the State Court required to hear and make a determination on the Petitioner's U.S. Constitutional Sixth and Fourteenth Amendment right to effective… |
| 21-7744 |
Bralen Lamar Jordan v. Federal Bureau of Prisons, et al. |
Seventh Circuit |
2022-04-28 |
Denied |
IFP |
18-usc-1915 civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction imminent-danger judicial-review standing three-strikes |
Whether the 'imminent danger' exception to the 'three strikes' rule under 28 U.S.C. § 1915(g) applies when the prisoner alleges that something is abou… |
| 21-7716 |
Paul Douglas Jackson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-27 |
Denied |
IFP |
14th-amendment 5th-amendment actual-innocence constitutional-violation criminal-procedure due-process federal-review habeas-corpus ineffective-assistance-of-counsel judicial-process post-conviction-relief state-court-review |
Whether Welhee Jackson is entitled to relief on an evidentiary hearing where the United States Court of Appeals for the Fifth Circuit and the United S… |
| 21-7721 |
Juan Francisco Cruz-Mora v. United States |
Fifth Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
almendarez-torres certiorari constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent recidivism sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7723 |
Freddie Galan v. United States |
Fifth Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-circuit guilty-plea ineffective-assistance judicial-review plea-bargaining rule-11 supreme-court-review |
Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea w… |
| 21-7725 |
Jeffrey Ndungi Sila v. United States |
Fifth Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
appointed-counsel criminal-appeal criminal-procedure due-process fifth-circuit judicial-proceedings plain-error plain-error-standard pro-se-motion summary-affirmance waiver |
Whether the Fifth Circuit proceedings in petitioner's case so departed from the accepted and usual course of judicial proceedings as to call for this … |
| 21-7726 |
Michael Charles Sartin v. United States |
Eighth Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
certiorari CJA-plan criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-procedure misinformation post-conviction-relief wilkins-precedent wilkins-v-united-states writ-of-certiorari |
Whether misinformation about the timeframe for seeking certiorari in violation of a lower court's CJA plan entitles a defendant to a GVR consistent wi… |
| 21-7729 |
William Gerard Wallace v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-04-27 |
Denied |
IFP |
civil-action civil-procedure criminal-charge criminal-procedure due-process florida-state-law judicial-error jurisdiction plea-bargaining standing trial-court |
Is the Florida State trial court at error when allowing the petitioner to plea out to a non-existing criminal charge that constitutes civil action? |
| 21-7731 |
Alonzo Bell v. Illinois |
Illinois |
2022-04-27 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence evidence-exclusion judicial-discretion proportionate-penalties sentencing |
Whether the Appellate Court abused its discretion in admitting social media evidence |
| 21-7693 |
Kenneth R. Heddlesten v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2022-04-26 |
Denied |
IFP |
appeals appellate-review civil-procedure criminal-procedure due-process federal-courts habeas-corpus plain-error rule-60b4 timeliness |
Whether the Oklahoma Court of Criminal Appeals' policy of reviewing plain error only prevents appellate counsel from raising all claims of error in a … |
| 21-7697 |
Michael Mirando, aka Michael John Mirando v. United States |
Ninth Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
appeal appellate-review circuit-split criminal-procedure district-court loss-calculation sentencing-guidelines standard-of-review |
What standard of review applies to an appeal challenging a district court's methodology for calculating the loss amount under Section 2B1.1 of the Uni… |
| 21-7698 |
Daniel Davis v. United States |
Fifth Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
confrontation-clause correctional-officer evidence hearsay prison sixth-amendment |
Was the Sixth Amendment right of confrontation violated by the introduction of a correctional officer's statement and testimony about another officer'… |
| 21-7701 |
Francisco Rosales Hernandez v. United States |
Ninth Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
advisory-guidelines advisory-range criminal-procedure district-court extraordinary-compelling-reasons judicial-discretion molina-martinez-v-united-states ninth-circuit plain-error remand remand
21-7700" rosales-mireles-v-united-states sentencing-guidelines sentencing-law sentencing-reduction statutory-interpretation Whether a district court may consider nonretroacti |
When should a case be remanded for resentencing under the plain-error standard of review if the district court failed to announce its calculation of t… |
| 21-7703 |
Tyrone Wortham v. New York |
New York |
2022-04-26 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2)IFP |
booking-exception criminal-procedure incriminating-response law-enforcement miranda-rights split-of-authority |
When a law enforcement officer's purportedly biographical question to a suspect is reasonably likely to elicit an incriminating response, does it fall… |
| 21-7704 |
Kerry Vanderpool v. United States |
Second Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
18-usc-3742 appeals criminal-procedure due-process jurisdiction sentencing |
Does the plain language of 18 U.S.C. § 3742(f) deprive the federal Courts of Appeals of jurisdiction to vacate a sentence when it is uncontested that … |
| 21-7705 |
Nolan Woods v. Florida Department of Corrections |
Eleventh Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
acquittal appellate-review constitutional-law criminal-procedure double-jeopardy due-process judgment-of-acquittal judicial-remedy re-prosecution |
Whether this Court will create a bright-line rule delineating that the only cure for a double jeopardy violation caused by dual convictions of the sam… |
| 21-7706 |
Irving Ernesto Arias v. United States |
Fifth Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process fifth-circuit guilty-plea motion-to-withdraw plea-bargaining sentencing |
Did the district court err in denying the defendant's motion to withdraw his guilty plea? |
| 21-7707 |
Jerome Lamar Pitts v. United States |
Eleventh Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-law constitutional-violation criminal-procedure due-process legal-remedy plea-agreement plea-bargaining sentencing-guidelines |
Whether a miscalculated Sentencing Guideline violates Due Process enough to count as a 'sentence in violation of the Constitution or laws of the Unite… |
| 21-7713 |
William Neely v. Superior Court of California, Sacramento County |
California |
2022-04-26 |
Denied |
Response WaivedIFP |
14th-amendment criminal-procedure dna-evidence dna-tampering due-process fourteenth-amendment liberty-interest post-trial-discovery |
Do the safegards provided by the 14th Amendment apply to the state's unreasonable denial of post-trial criminal discovery where Petitioner, with newly… |
| 21-7687 |
Earl Jones v. Ohio |
Ohio |
2022-04-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence evidence-review fact-inference jackson-standard reasonable-doubt standard-of-review sufficiency-of-evidence supreme-court-ohio |
Whether a reviewing court must consider all the evidence in determining whether inferences from basic facts to ultimate facts are reasonable to prove … |
| 21-7690 |
Anthony J. Springer v. Bryan Morrison, Warden |
Sixth Circuit |
2022-04-25 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure entrapment-by-estoppel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel michigan-supreme-court pre-trial-defense reasonable-jurist |
Whether trial and appellate counsel provided ineffective assistance for failing to investigate and present the pre-trial defense of entrapment by esto… |
| 21-7682 |
Travon DeAngelo Brown v. Mississippi |
Mississippi |
2022-04-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process forensic-analysis habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief res-judicata spoliation-of-evidence |
Whether newly discovered evidence is sufficient to establish a due process violation for procedural default or the bar of res judicata pursuant to the… |
| 21-7683 |
Nelson Conto v. United States |
Fourth Circuit |
2022-04-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence fourth-circuit interview-evidence judicial-error motion-in-limine standard-of-review trial-procedure |
Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of the denial of appellant's… |
| 21-7666 |
Izell Delorean Grissett, Jr. v. United States |
Fourth Circuit |
2022-04-21 |
Denied |
Response WaivedIFP |
apprendi apprendi-ruling collateral-review constitutional-claim criminal-procedure guidelines mandatory-guidelines miscarriage-of-justice section-2255 sentencing sentencing-guidelines sixth-amendment |
Whether the Sixth Amendment requires the fact of a first-degree murder cross reference under § 2A1.1 to be treated as an element when that finding is … |
| 21-7668 |
Russell Haley v. Mississippi |
Mississippi |
2022-04-21 |
Denied |
Response WaivedIFP |
constitutional-rights conviction-challenge counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment |
Whether a defendant who pleads guilty has the right to make a Sixth Amendment claim of ineffective assistance of counsel due to counsel's deficient pe… |
| 21-7669 |
Thomas Hoey, Jr. v. United States |
Second Circuit |
2022-04-21 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment legal-precedent sixth-amendment |
Does new precedent need to be set to protect the Fifth and Sixth Amendments, and the attorney-client privilege? |
| 21-7672 |
Jermaine E. Spence v. Reemon Bishara, et al. |
Eleventh Circuit |
2022-04-21 |
Denied |
IFP |
civil-procedure civil-rights court-dismissal dismissal due-process evidence in-forma-pauperis judicial-discretion pro-se-litigation procedural-due-process standing |
Were the causes of action substantiated by evidence or was the trial court not in error in dismissing the case? |
| 21-7674 |
Jamie Allen v. United States |
Fourth Circuit |
2022-04-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court due-process fourth-circuit reversible-error sentencing-guidelines sentencing-reduction statutory-interpretation |
Whether the Fourth Circuit Court of Appeals erred by refusing to hear Mr. Allen's meritorious claims that the district court committed reversible erro… |
| 21-7675 |
Jason Leon Cruse v. Oklahoma |
Oklahoma |
2022-04-21 |
Denied |
IFP |
criminal-conviction criminal-procedure due-process federal-structure habeas-corpus mcgirt-retroactivity native-american-rights retroactivity tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020) applies retroactively to convictions that were final when it was decided? |
| 21-7678 |
Robert Elton v. Oklahoma |
Oklahoma |
2022-04-21 |
Denied |
IFP |
arizona-v-united-states constitutional-interpretation criminal-procedure edwards-v-vannoy federal-preemption indian-country judicial-jurisdiction mcculloch-v-maryland preemption state-court-powers tribal-sovereignty |
Whether a State's contortion of Edwards v. Vannoy (2021) to delimit Indian Country powers into new rules of criminal procedure can be permitted to inv… |
| 21-7646 |
Jason Delacerda v. Texas |
Texas |
2022-04-19 |
Denied |
IFP |
appellate-review criminal-conviction criminal-procedure death-penalty due-process future-dangerousness ineffective-assistance ineffective-assistance-of-counsel psychiatric-evidence psychiatric-testimony sufficiency-of-evidence |
Did the appellate court err in failing to find that the evidence was insufficient to support the conviction and death sentence? |
| 21-7648 |
Luis Fernando Ceja, aka Chako v. United States |
Ninth Circuit |
2022-04-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process federal-rules-of-criminal-procedure foreign-citizen foreign-defendant jury-trial jury-trial-waiver oral-colloquy rule-23 waiver |
Whether courts may decline to enforce the plain language of Federal Rule of Criminal Procedure 23(a) requiring that a waiver of jury trial be in writi… |
| 21-7651 |
Manuel Martinez v. Illinois |
Illinois |
2022-04-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure dna-evidence due-process exculpatory-evidence ineffective-assistance-of-counsel ineffective-counsel miranda-rights post-conviction-relief trial-strategy |
Whether the defendant was denied effective assistance of counsel where defense counsel failed to adequately understand and present the significance of… |
| 21-7636 |
Ramon Lopez v. Angel Quiros, Commissioner, Connecticut Department of Correction |
Connecticut |
2022-04-18 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland constitutional-rights criminal-defendant criminal-procedure disclosure due-diligence material-evidence material-favorable-evidence prosecuting-authority prosecutorial-evidence |
Does the rule set forth in Brady v. Maryland, 373 U.S. 83 (1963), requiring that the government disclose material favorable evidence to a criminal def… |
| 21-7637 |
Marecellus Adams v. Tim Hooper, Warden |
Fifth Circuit |
2022-04-18 |
Denied |
Response WaivedIFP |
criminal-procedure defense-strategy due-process fundamental-fairness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment |
Did trial counsel violate Adams's right to choose the objective of his defense when he conceded guilt over his express objection? |
| 21-7640 |
Ramel General v. United States |
Second Circuit |
2022-04-18 |
Denied |
Response WaivedIFP |
appellate-rights circuit-precedent criminal-procedure due-process judicial-review legal-precedent procedural-challenge standard-of-review united-states-v-gomez-perez waiver waiver-enforcement |
Whether the Petitioner demonstrated that the waiver of his appellate rights is unenforceable under United States v. Gomez-Perez, 215 F.3d 315, 319 (2d… |
| 21-7641 |
Jose Diaz Perez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-18 |
Denied |
IFP |
4th-amendment constitutional-law constitutional-violation criminal-procedure due-process evidence evidence-seizure intoxication-statements search-warrant |
Did the State of Texas and the U.S. District Court improperly admit evidence obtained unconstitutionally? |
| 21-7644 |
Mario Reynoso, aka Mario Hernandez v. United States |
Tenth Circuit |
2022-04-18 |
Denied |
Response WaivedIFP |
appointment-of-counsel court-appointed-counsel criminal-appeal criminal-procedure extraordinary-circumstances federal-appeals federal-circuit-court ineffective-assistance-of-counsel judicial-remedy mandate-recall recall-of-mandate writ-of-certiorari |
Remedy-for-CJA-attorney-failure-to-file-timely-cert-petition |
| 21-7645 |
Alimamy Barrie v. United States |
Fourth Circuit |
2022-04-18 |
Denied |
Response WaivedIFP |
criminal-procedure federal-appeals federal-rules-of-criminal-procedure judicial-review plain-error procedural-default re-sentencing sentencing sentencing-guidelines successive-filing |
Whether an error should be corrected in a motion under Federal Rules of Criminal Procedure Rule 35(a) when the conditions of U.S. v. Olano are met, ev… |
| 21-1357 |
James S. Tyler, III v. Darrel Vannoy, Warden |
Louisiana |
2022-04-18 |
Denied |
Amici (1) |
capital-defendant collateral-review criminal-procedure mccoy right-to-counsel sixth-amendment substantive-rule teague-bar |
Where a capital defendant objected to his attorney's concession of guilt, does the explicit text of the Sixth Amendment and longstanding right to coun… |
| 21-7631 |
Johnell Lee Carter v. Hunter Anglea, Warden |
Ninth Circuit |
2022-04-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process pro-per pro-per-status right-to-counsel self-representation sixth-amendment trial-court-discretion |
Whether the trial court denied Petitioner's right to self-representation |
| 21-7610 |
Terry Smith v. Florida, et al. |
Florida |
2022-04-14 |
Denied |
Response WaivedIFP |
autopsy autopsy-testimony confrontation-clause due-process evidence forensic-evidence hearsay medical-examiner sixth-amendment testimony |
Does Florida's practice of allowing a medical examiner to testify to an autopsy he/she did not perform violate the Confrontation Clause? |
| 21-7619 |
Jarbarri Randale Wall v. United States |
Fourth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure federal-law plea-agreement sentencing sentencing-condition statutory-authority statutory-maximum supervised-release |
Whether a special condition of supervised release that is not authorized by statute constitutes a sentence beyond the statutory maximum, and is theref… |
| 21-7621 |
Jose Miguel Perez-Vides v. United States |
Fifth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7622 |
Alejandro Medina-Rios v. United States |
Fifth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
certiorari constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent precedent sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7625 |
Jonathan Scott May v. United States |
Fifth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
criminal-procedure district-court enhancement federal-sentencing judicial-discretion plain-error sentencing-guidelines |
Did the district court plainly err when applying an enhancement under U.S. Sentencing Guidelines Manual § 2G2.2(b)(5)? |
| 21-7626 |
Joseph Martinez v. United States |
Fifth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guideline-range holguin-hernandez judicial-discretion sentencing-argument sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 21-1352 |
Vivian Tat, aka Vivian Lnu v. United States |
Ninth Circuit |
2022-04-14 |
Denied |
Response Waived |
appellate-review circuit-split criminal-procedure fundamental-rights jury-instructions plain-error-review rogers-error rogers-v-united-states standard-of-review |
Does plain error review govern claims of Rogers error on appeal, as the Ninth Circuit held below, or are such claims reviewed for harmlessness beyond … |
| 21-1347 |
Kevas L. Ballance v. United States |
Tenth Circuit |
2022-04-13 |
Denied |
Response Waived |
appellate-review circuit-split clear-error criminal-procedure de-novo-review district-court standard-of-review suppression-hearing suppression-ruling |
When reviewing a suppression ruling on appeal, should the appellate court review factual findings for clear error and the ultimate legal determination… |
| 21-7606 |
Michael La Donte Scott v. Robert W. Fox, Warden |
Ninth Circuit |
2022-04-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment strickland-v-washington time-barred-charges |
Whether petitioners were denied effective assistance of counsel under Strickland v. Washington (1984) when their counsel provided incompetent advice t… |
| 21-7612 |
Jose Luis Aldaba-Roman v. United States |
Fifth Circuit |
2022-04-13 |
Denied |
Response WaivedIFP |
Almendarez-Torres criminal-law criminal-procedure due-process fifth-circuit jury-trial sentencing Supreme-Court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7613 |
James Edward Williams v. Illinois |
Illinois |
2022-04-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence hearsay hearsay-evidence jury-instructions prior-bad-acts propensity |
Whether the jury can be instructed to consider hearsay evidence and propensity evidence to commit murder despite prior rulings on hearsay and prior ba… |
| 21-7616 |
Andrew Ussery v. United States |
Fifth Circuit |
2022-04-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guidelines methamphetamine sentencing supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with decisions of this Court on an important matter |
| 21-7617 |
Stevie Wyre v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-13 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-violation criminal-procedure cross-examination due-process evidence federal-rights habeas-corpus innocence newly-discovered-evidence perjury-testimony |
Whether Wype is entitled to relief on an evidentiary hearing |
| 21-7595 |
O. C. v. V. C. |
Ohio |
2022-04-12 |
Denied |
Relisted (3)IFP |
14th-amendment custody custody-order due-process equal-protection evidence evidence-exclusion judicial-procedure parental-rights |
Did the appellate court deny O.C. due process-and-equal-protection |
| 21-7597 |
Clifford Idris Bell v. United States |
Sixth Circuit |
2022-04-12 |
Denied |
Response WaivedIFP |
confidential-informant criminal-procedure fourth-amendment law-enforcement personal-residence probable-cause search-and-seizure search-warrant warrant |
Whether the Fourth Amendment prohibits the issuance of a warrant and the subsequent search of a personal residence based solely on a confidential info… |
| 21-7598 |
Irvin Garces v. United States |
Fifth Circuit |
2022-04-12 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure drug-offense exceptional-importance federal-law fifth-circuit minor-role sentencing-guidelines |
whether-the-fifth-circuit-violated-federal-law |
| 21-7601 |
Eugene Kevin Pugh v. United States |
District of Columbia |
2022-04-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct |
Whether appellate court erred by concluding there was no error in denying appellant's motion to suppress on reversible error in overruling objections … |
| 21-7603 |
Glen S. Evans v. Bill Stange, Warden |
Eighth Circuit |
2022-04-12 |
Denied |
IFP |
4th-amendment criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree ineffective-assistance-of-counsel insufficient-evidence motion-to-suppress prejudice reasonable-suspicion second-degree-murder sufficiency-of-evidence |
where-the-trial-court-has-erred-and-abused-its-discretion |
| 21-7587 |
Jose Garcia Solorzano v. United States |
Seventh Circuit |
2022-04-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility appeal criminal-procedure criminal-sentencing district-court district-court-discretion reduction-in-sentence sentence-reduction sentencing-guidelines u.s.s.g.-§3e1.1 u.s.s.g.-interpretation |
Did the district court err in not granting Mr. Solorzano a reduction in sentence for his acceptance of responsibility under U.S.S.G. §3E1.1? |
| 21-7589 |
Mark A. Brown v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. |
Third Circuit |
2022-04-11 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process evidence reasonable-doubt |
Whether the Court of Appeals finding that the state Courts conviction was based on a reasonable determination of the facts in light of the evidence pr… |
| 21-1341 |
Wysingo Turner v. Christine Brannon-Dortch, Warden |
Seventh Circuit |
2022-04-11 |
Denied |
Response Waived |
2nd-amendment civil-rights criminal-defendant criminal-procedure due-process federal-law firearm-possession murder-trial self-defense standing state-court |
Whether a state court's decision that a criminal defendant can be falsely accused during his state criminal murder trial of 'illegally' possessing out… |
| 21-1344 |
Christin Campbell-Martin and Adam Scott Leiva v. United States |
Eighth Circuit |
2022-04-11 |
Denied |
|
and established the arrestee's identity secured the arrestee in a police car 4th-amendment arrest-search criminal-procedure established-identity false-identification fourth-amendment incident-to-arrest police-procedure probable-cause search-and-seizure search-incident-to-arrest secured-arrestee vehicle-search |
Whether police may search a vehicle incident to arrest when the officers have arrested a recent occupant for providing false identification, secured t… |
| 21-7574 |
Danyel Black v. United States |
Eleventh Circuit |
2022-04-08 |
Denied |
Response WaivedIFP |
armed-career-criminal-act controlled-substances criminal-procedure fourth-amendment prior-conviction probation-search sentencing-enhancement warrantless-search |
Whether a Florida controlled substances offense can qualify as a predicate 'serious drug offense' under the Armed Career Criminal Act |
| 21-7575 |
Keith Morris v. United States |
Fourth Circuit |
2022-04-08 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure due-process knowing-waiver plea-agreement plea-bargaining right-to-appeal sentencing waiver |
Whether a provision in a plea agreement which bars a defendant from appealing 'any sentence of imprisonment' can be knowingly entered into well before… |
| 21-7577 |
Nicholas N. Kerr v. Florida |
Florida |
2022-04-08 |
Denied |
IFP |
automobile-exception carroll collins-v-virginia constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment fourth-amendment search-and-seizure |
Whether Petitioner's Fourth, Fifth, and Fourteenth Amendment Rights to the United States Constitution Require this Court to vacate Petitioner's convic… |
| 21-7580 |
Amos Lamar Burch v. United States |
Fourth Circuit |
2022-04-08 |
Denied |
Response WaivedIFP |
actual-innocence civil-procedure civil-rights criminal-procedure dna-testing due-process fourteenth-amendment free-speech post-conviction-relief qualified-immunity standing |
Whether the district court erred in dismissing the petitioner's claims |
| 21-7569 |
Miguel Scott Arnold v. United States |
Third Circuit |
2022-04-07 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process federal-statute human-trafficking jury-instructions rule-of-lenity statutory-interpretation third-circuit-court third-circuit-court-of-appeals unit-of-prosecution |
allowable-unit-of-prosecution-for-18-usc-1591(a) |
| 21-7570 |
Vander Clayborne v. Pennsylvania |
Pennsylvania |
2022-04-07 |
Denied |
IFP |
criminal-procedure due-process guilty-plea juvenile-justice mental-capacity mental-competency miller-v-alabama parole sentencing |
Should this Court review the decision of the Pennsylvania Supreme Court to deny the Petitioner the right to have his unwarranted guilty plea looked in… |
| 21-7571 |
Anton F. Liverpool v. Reggie Cleveland, et al. |
Second Circuit |
2022-04-07 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-law criminal-procedure due-process excessive-force habeas-corpus judicial-review qualified-immunity standing |
Question not identified |
| 21-1336 |
Jeffrey Olsen v. United States |
Ninth Circuit |
2022-04-07 |
Denied |
Amici (1)Response Waived |
covid-pandemic criminal-procedure district-court district-court-authority due-process judicial-discretion jury-trial-suspension jury-trials pandemic prosecutorial-delay speedy-trial-act |
Whether a District Court may dismiss an indictment under the Speedy-Trial-Act where the District Court finds that it is possible to hold a jury trial … |
| 21-7557 |
Maria Andrea Gonzalez v. United States |
Ninth Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
18-usc-3161 criminal-procedure due-process ends-of-justice federal-district-court findings-of-fact speedy-trial-act statutory-interpretation trial-continuance |
Does the Speedy Trial Act require specific findings of fact when excluding days from a criminal defendant's speedy trial clock? |
| 21-7560 |
Martin Andres-Tomas v. United States |
Fifth Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
Almendarez-Torres certiorari constitutional-interpretation court-of-appeals criminal-procedure due-process federal-statute judicial-precedent jury-trial recidivism sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7561 |
Ana Duarte-Pineda v. United States |
Fourth Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-review conflict-of-interest criminal-procedure due-process indigent-defendant ineffective-assistance pro-se-response sixth-amendment sua-sponte-replacement |
Whether an appellate court has a duty to replace a defendant's appellate counsel with unconflicted counsel when the defendant's pro se response to an … |
| 21-7563 |
Alexander Kates v. New York |
Second Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure custody-determination district-court-discretion due-process federal-precedent habeas-corpus ineffective-assistance standing state-law state-law-precedent |
Are district courts allowed to disregard State law and controlling federal precedent when handling state habeas corpus petitions? |
| 21-7565 |
Brandon James Lee v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety, et al. |
Fourth Circuit |
2022-04-06 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discretionary-review district-court due-process federal-courts fifth-amendment habeas-corpus standing |
Whether the district court's fact-finding procedures were unduly prejudicial and denied petitioner a constitutional right |
| 21-7566 |
Andrew James Johnston v. John Devries |
Seventh Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial jury-selection public-trial sixth-amendment |
Whether the Sixth Amendment right to a public trial applies to voir dire proceedings |
| 21-7533 |
Ion Stanciu v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-05 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process expert-witness fourteenth-amendment habeas-corpus ineffective-assistance medical-evidence state-misconduct |
When a state together with state's expert witness change the original version of medical evidence into a new complete different version, to link the a… |
| 21-7537 |
Leonardo Gutierrez v. Texas |
Texas |
2022-04-05 |
Denied |
IFP |
constitutional-challenge constitutional-law criminal-procedure due-process extraneous-evidence facial-challenge judicial-jurisdiction jury-trial penal-code ramos-v-louisiana |
Whether Texas Penal Code §21.02 is unconstitutional on its face |
| 21-7538 |
Clyde Otis Alston, Jr. v. United States |
Fourth Circuit |
2022-04-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process eighth-amendment sentencing |
Whether the Court below erred in denying relief upon the substantially unreasonable sentence |
| 21-7539 |
John P. Higley v. Oklahoma |
Oklahoma |
2022-04-05 |
Denied |
IFP |
14th-amendment appeal-out-of-time case-law constitutional-rights criminal-procedure direct-appeal due-process evidentiary-hearing findings-of-fact ineffective-assistance |
Did the Oklahoma Court of Criminal Appeals violate Mr. Higley's 14th Amendment right to Due Process? |
| 21-7548 |
Sergey Genadievich Novitskiy v. Colorado |
Colorado |
2022-04-05 |
Denied |
IFP |
bench-trial burden-of-proof constitutional-rights criminal-procedure due-process jury-trial standard-of-proof waiver |
Whether a defendant's choice to proceed to a bench trial in a criminal case lowers the prosecution's burden of proof |
| 21-7549 |
Ernesto Palacios-Martinez v. United States |
Fifth Circuit |
2022-04-05 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum |
Whether Almendarez-Torres v. United States was wrongly decided |
| 21-7530 |
Paul M. Weadick v. United States |
First Circuit |
2022-04-04 |
Denied |
Response WaivedIFP |
18-usc-1512 circuit-split criminal-procedure federal-statute federal-witness-tampering fowler-v-united-states reasonable-likelihood specific-intent statutory-interpretation witness-tampering |
Whether the 'reasonable likelihood' standard applies even when the witness may not have made any communication to any officials at all |
| 21-1317 |
Rafi Wali McCall v. United States |
Fifth Circuit |
2022-04-04 |
Denied |
Response WaivedRelisted (2) |
acquittal constitutional-prohibition criminal-procedure double-jeopardy due-process judicial-finding jury-trial supervised-release |
Does the United States Constitution prohibit a judge from revoking supervised release pursuant to 18 U.S.C. § 3583 based on a judicial finding that th… |
| 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… |
| 21-7510 |
Ramon Lopez v. United States |
Eleventh Circuit |
2022-04-01 |
Denied |
Response WaivedIFP |
bureau-of-prisons compassionate-release criminal-procedure criminal-sentencing extraordinary-circumstances federal-corrections federal-sentencing-guidelines sentence-reduction sentencing statutory-interpretation |
Whether Criminal Defendants may use the 'recently amended' Compassionate Release Statute to reduce or correct an excessive, and/or defective or illega… |
| 21-7522 |
Jerry Wayne Phillips v. Martin Frink, Warden |
Sixth Circuit |
2022-04-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ex-post-facto grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-selection sexual-battery standard-of-review |
Can convictions of aggravated-sexual-battery be sustained when the state-failed-to-prove-elements |
| 21-7523 |
Martin Robinson v. Ohio |
Ohio |
2022-04-01 |
Denied |
IFP |
appeals constitutional-claims criminal-justice-system criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-review post-conviction-relief pro-se-litigants |
Whether the criminal justice system lacks common sense in the treatment of pro se litigants |
| 21-7525 |
Jerome Perkins v. Grady Perry, Warden |
Sixth Circuit |
2022-04-01 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure due-process post-conviction-relief search-and-seizure |
Whether the traffic stop was legal |
| 21-7526 |
Adam C. Morris v. Illinois |
Illinois |
2022-04-01 |
Denied |
IFP |
criminal-procedure due-process firearm-enhancement interrogatory-issue jury-instructions material-fact material-facts right-to-jury-trial sentencing-enhancement sentencing-procedure verdict-control |
Did the court err in considering the argument that the separate interrogatory is an issue of material fact and that the jury had no knowledge of infor… |
| 21-7501 |
Helen Tyne Mayfield v. Texas |
Texas |
2022-03-31 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equal-protection fourteenth-amendment habeas-corpus right-to-confrontation right-to-counsel sixth-amendment trial-in-abstentia |
Whether the Texas Court of Criminal Appeals abused its discretion in not reviewing a petition for discretionary review and writ of habeas corpus for m… |
| 21-7503 |
Lucas Victorino-Tista v. United States |
Fifth Circuit |
2022-03-31 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure fifth-circuit judicial-precedent legal-challenge recidivism sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7506 |
Curtis Carr v. Illinois |
Illinois |
2022-03-31 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment interrogation interrogation-techniques videotaped-evidence |
Does the admissibility of videotaped interrogations in which the interrogating officers inject their conclusions about the suspect's guilt violate the… |
| 21-7509 |
Jean Carlo Ferreira v. United States |
Eleventh Circuit |
2022-03-31 |
Denied |
Response WaivedIFP |
circuit-split civil-rights constitutional-vagueness criminal-procedure criminal-statute davis-precedent due-process jury-instruction procedural-default sentencing standing vagueness |
Whether the Court should address the Circuit Split regarding whether, and under what circumstances, a movant's procedural default can be excused becau… |
| 21-7514 |
Sidney J. Clark, Jr. v. Kansas |
Kansas |
2022-03-31 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process equal-protection evidence-withholding full-faith-and-credit habeas-corpus sentencing |
Whether the sentencing of S.J.C.Jr. to the H.C.A. pursuant to K.S.A. 21-4504 without legal proof of a prior judicial court proceeding in Texas violate… |
| 21-7516 |
Delroy T. Booth v. Georgia |
Georgia |
2022-03-31 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance newly-discovered-evidence post-conviction-relief sentencing standing |
Did the Georgia Supreme Court abuse its discretion by denying Petitioner's motion to vacate, set aside, or correct his sentence? |
| 21-7489 |
Raul Roy Vasquez v. Florida |
Florida |
2022-03-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure district-court-appeal double-jeopardy due-process jurisdiction jurisdictional-conflict privileges-immunities procedural-law state-court-conflict two-year-limitation |
Whether the refusal of the Supreme Court of the State of Florida to address the certified conflict between the petitioner's Second District Court of A… |
| 21-7482 |
Gregory Jean-Louis v. United States |
Fifth Circuit |
2022-03-29 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-procedure circuit-split criminal-appeal criminal-defendant criminal-procedure defendant-rights due-process judicial-review sentencing waiver-exception |
Whether the United States Supreme Court should grant certiorari to resolve the circuit split regarding the exception to a criminal defendant's valid w… |
| 21-7483 |
Ruben Aguilera v. United States |
Fifth Circuit |
2022-03-29 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure criminal-statute-interpretation divisibility fifth-circuit-interpretation generic-burglary sentencing-enhancement texas-burglary-statute |
Can the Texas burglary statute be the basis for an enhanced sentence under the Armed Career Criminal Act? |
| 21-7487 |
Dion Fisher v. United States |
Eleventh Circuit |
2022-03-29 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure discovery district-court-order evidentiary-ruling harmless-error motion-to-suppress suppression-hearing trial-witness-list witness-disclosure witness-testimony |
Whether petitioner is entitled to a new trial based on the district court's order denying his motion to suppress |
| 21-7492 |
In Re Jonathan Manwell |
|
2022-03-29 |
Denied |
IFP |
appellate-review confrontation constitutional-rights counsel-of-choice criminal-procedure discovery due-process effective-assistance-of-counsel forensic-evidence impartial-tribunal |
Does petitioner have a constitutional right to located and confirmed exculpatory forensic evidence, transcripts, and documents necessary for a meaning… |
| 21-7476 |
Samuel Lee Dantzler v. Randee Rewerts, Warden |
Sixth Circuit |
2022-03-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process expert-witness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel scientific-evidence sixth-amendment |
Whether a criminal defendant is entitled to a scientific expert essential to confront prosecution's expert analysis |
| 21-7478 |
Derrick Jerome Spencer v. United States |
Eighth Circuit |
2022-03-28 |
Denied |
IFP |
1st-amendment capital-punishment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process federal-courts standing takings |
Whether Bikoner is being deprived of his civil rights by the capital courts' denial of due process of law |
| 21-7456 |
Robert Earl Rowles v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-03-25 |
Denied |
IFP |
criminal-procedure effective-assistance-of-counsel evidentiary-hearing florida-law ineffective-assistance outcome-of-proceeding post-conviction reasonable-probability right-to-counsel sixth-amendment strategic-decision |
Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights to counsel where counsel's r… |
| 21-7468 |
Nahid Kadir Moshrefi v. Colorado |
Colorado |
2022-03-25 |
Denied |
IFP |
constitutional-rights evidence fifth-amendment non-custodial police-questioning pre-arrest self-incrimination |
Whether the Fifth Amendment protects an individual who invokes her privilege against self-incrimination during pre-arrest, non-custodial questioning b… |
| 21-7470 |
Reggie Orlando Williams v. Texas |
Texas |
2022-03-25 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment judicial-charging legal-procedure margin-of-error state-court state-prosecution |
When the State of Texas failed to elect which charging transaction of the offense the State was going to have Petitioner convicted under, did this res… |
| 21-7472 |
Earnest Eugene Walker, Jr. v. Kansas |
Tenth Circuit |
2022-03-25 |
Denied |
Response WaivedIFP |
4th-amendment constitutional-rights criminal-procedure due-process habeas-corpus illegal-sentence ineffective-assistance post-conviction-relief sentencing |
Whether the SHtuce ESA QQ-S50y Coetection of Sentence avid AS fAe Samer SKe fobeasr your to be Consteuec ns Ye Same fo Coegecf aN ZV hegal Sedfev ce A… |
| 21-7473 |
Antwoyn Terrell Spencer v. United States |
Eighth Circuit |
2022-03-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure drug-conspiracy due-process first-step-act habeas-corpus jury-trial sentencing-guidelines sixth-amendment |
Whether Weer Poltoner is being deprived of his Sixth Amendment right to a jury trial |
| 21-7445 |
Juniel B. Rios v. United States |
Eleventh Circuit |
2022-03-24 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-law criminal-procedure due-process federal-rules-of-criminal-procedure procedural-due-process sentencing sentencing-guidelines substantive-reasonableness upward-variance |
Whether Constitutional Due Process requires that Irizarry-v-United-States be extended to Upward-Variances |
| 21-7446 |
Kristopher Kyle Russell v. Texas |
Texas |
2022-03-24 |
Denied |
IFP |
criminal-procedure dna-testing due-process equal-protection judicial-discretion post-conviction-relief standing statutory-interpretation |
Whether the Texas courts' interpretation of the statute requiring appointment of counsel to determine if biological evidence exists violates due proce… |
| 21-7460 |
Eric Dean Smith v. United States |
Fourth Circuit |
2022-03-24 |
Denied |
Response WaivedIFP |
18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure due-process sentencing |
Did the Courts Abuse Discretion in Denying Compassionate Release under 18 U.S.C. 3582(c)(1)(A) |
| 21-7440 |
Norman Alan Kerr v. Christopher Gomez, Warden |
Sixth Circuit |
2022-03-23 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure document-suppression due-process evidence-rules government-misconduct judicial-discretion plea-bargaining sentencing trial-procedure |
Whether the stipulation waives all the elements of the offense, and whether the court can legally hold such a stipulation as valid |
| 21-7441 |
Edgardo Maldonado-Arce v. Deanne Criswell, Administrator, Federal Emergency Management Agency |
First Circuit |
2022-03-23 |
Denied |
Response WaivedIFP |
appeals civil-procedure criminal-procedure due-process judicial-review jurisdiction legal-interpretation sentencing-guidelines standing state-law statute-of-limitations |
whether-the-federal-district-court-erred-in-dismissing-the-case |
| 21-7443 |
Roberto Arenas-Tellez v. United States |
Fifth Circuit |
2022-03-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure district-court guideline-range holguin-hernandez-v-united-states judicial-discretion sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 21-7444 |
Fnu John Sadiqullah v. United States |
Sixth Circuit |
2022-03-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-law criminal-procedure entrapment entrapment-defense government-agent-conduct inducement jury-instructions predisposition |
When a defendant requests a jury instruction on the affirmative defense of entrapment, what must be proven by the defendant to be entitled to such ins… |
| 21-7448 |
Edgar Garza-Limones v. United States |
Fifth Circuit |
2022-03-23 |
Denied |
Response WaivedIFP |
criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7428 |
Chad Eugene Caldwell v. United States |
Tenth Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
actual-innocence career-offender circuit-split criminal-procedure mandatory-guidelines section-2255 sentencing sentencing-enhancement |
Does the actual innocence exception apply to a noncapital sentence? |
| 21-7430 |
Roberto Padilla Espinoza v. United States |
Fifth Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process equal-protection fifth-circuit-review judicial-discretion prior-convictions sentencing-enhancement sentencing-guidelines |
Whether the Fifth Circuit improperly approved the district court's decision to increase the petitioner's sentence based on unscored prior convictions |
| 21-7438 |
Tramone Horne v. United States |
Sixth Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion judicial-review preponderance-of-evidence sentencing-guidelines statutory-interpretation |
Should the Court require proof by more than a preponderance of the evidence of facts that significantly increase the defendant's sentence range under … |
| 21-1275 |
Abetubokun Adesioye v. United States |
Fourth Circuit |
2022-03-22 |
Denied |
Response Waived |
appeal appeal-waiver court-of-appeals criminal-appeal criminal-procedure due-process plea-bargaining right-to-appeal rule-11-colloquy sentencing sentencing-guidelines waiver |
Did the Court of Appeals err in finding that the petitioner knowingly and intelligently waived his right of appeal |
| 21-1273 |
Frank D. Lazzerini v. Ohio |
Ohio |
2022-03-21 |
Denied |
Response Waived |
constitutional-rights criminal-defendant criminal-procedure due-process harmless-error right-to-be-present structural-error trial-proceedings voir-dire |
Whether the exclusion of a criminal defendant from individual voir dire proceedings is a structural error requiring automatic reversal |
| 21-7419 |
Gilberto Mulgado v. Florida |
Florida |
2022-03-21 |
Denied |
Response WaivedIFP |
child-hearsay child-testimony constitutional-rights criminal-procedure cumulative-evidence custodial-offense due-process fair-trial hearsay sexual-battery |
Whether a criminal defendant's constitutional due process right to a fair trial is violated by the admission at trial of needlessly cumulative child h… |
| 21-7423 |
Delbert Keyes v. Mississippi |
Mississippi |
2022-03-21 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus sentencing |
Whether the petitioner's conviction and sentence violate the Eighth Amendment's prohibition on cruel and unusual punishment |
| 21-7413 |
Brian Folks v. United States |
Second Circuit |
2022-03-18 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence issue-preservation prosecutorial-misconduct witness-credibility |
whether-prosecutor-can-ask-defendant-to-opine-on-witness-credibility |
| 21-7414 |
Gregory M. Hawes v. Michael Pacheco, Warden, et al. |
Tenth Circuit |
2022-03-18 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process mandatory-minimum sentencing statutory-maximum |
Whether Patterson v. New York has been abrogated by Apprendi and Alleyne |
| 21-7400 |
Derrick U. Stricklin v. Nebraska |
Nebraska |
2022-03-17 |
Denied |
IFP |
alibi-evidence capital-case capital-punishment criminal-procedure fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-tactics |
Whether the failure of defense counsel to file a notice of alibi and present ample alibi evidence when instructed to do so by the defendant in a capit… |
| 21-7401 |
Harold Edwards v. Nevada, et al. |
Ninth Circuit |
2022-03-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment habitual-sentence liberty-interest sixth-amendment state-court state-procedure |
Did the state district court judge's failure to abide by Nevada's state procedural laws violate my constitutionally protected liberty interest, Fourte… |
| 21-7402 |
Brandon Leon Bibbs v. Don Barnes, Sheriff, Orange County, California |
Ninth Circuit |
2022-03-17 |
Denied |
IFP |
4th-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel investigative-procedure |
Whether the petitioner's conviction was unconstitutional due to provisional circumstances surrounding his arrest and detention |
| 21-7403 |
James Calvin Breeden v. United States |
Fourth Circuit |
2022-03-17 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure felon-in-possession firearm-possession jury-instructions mens-rea rehaif-standard rehaif-v-united-states rule-29 rule-29-motion |
Whether the district court erred under Rehaif v. United States by denying requested jury instructions and a Rule 29 motion for acquittal on the felon-… |
| 21-7404 |
Jose Antonio Barahona-Paz v. United States |
Fifth Circuit |
2022-03-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7381 |
Jessie D. Hoffman, Jr. v. Louisiana |
Louisiana |
2022-03-16 |
Denied |
Amici (1)IFP |
capital-case criminal-procedure death-penalty due-process juror-misconduct jury-selection no-impeachment-rule peña-rodriguez racial-bias |
Did the Louisiana Supreme Court err in failing to consider clear evidence of juror racial bias under Peña-Rodriguez in the extraordinary circumstances… |
| 21-7385 |
Juan M. Alcaraz v. Brian Williams, Warden, et al. |
Ninth Circuit |
2022-03-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Did the Ninth Circuit err in finding that Mr. Alcaraz did not make a substantial showing of the denial of a constitutional right regarding trial couns… |
| 21-7390 |
Choya Dwayne Hailey v. United States |
Fifth Circuit |
2022-03-16 |
Denied |
Response WaivedIFP |
5k1.1 5K1.1-motion breach-of-contract criminal-procedure downward-departure government-breach government-discretion plea-agreement sentencing-guidelines |
Whether the government breached the supplemental plea agreement |
| 21-7391 |
Isaiah Ramon Henderson v. United States |
Eighth Circuit |
2022-03-16 |
Denied |
Amici (1)Response WaivedIFP |
circuit-split controlled-substances controlled-substances-act criminal-procedure federal-law federal-sentencing-guidelines sentencing-disparity sentencing-guidelines statutory-interpretation |
Whether 'controlled substance[s]' in the Federal Sentencing Guidelines § 4B1.2(b) are limited to those substances defined and regulated under the fede… |
| 21-7395 |
Konstantinos Zografidis v. United States |
Second Circuit |
2022-03-16 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2255 appellate-review criminal-procedure district-court due-process federal-statute habeas-corpus second-circuit writ-of-habeas-corpus |
Did the Second Circuit Court of Appeals en banc err in failing to reverse the District Court's ruling denying my Petition for a Writ of Habeas Corpus … |
| 21-7369 |
Dannie Simon Parker, Jr. v. United States |
Fourth Circuit |
2022-03-15 |
Denied |
Response WaivedIFP |
administrative-law administrative-proceedings agency-action bank-robbery criminal-procedure due-process judicial-review jury-instructions precedent statutory-interpretation substantial-rights |
Whether the acting Leon Vhs Corl in Cape v. United States, 556 U.S. 255, 268, 129 S.Ct. 2155, 173 L.Ed.2d 1208 (2008), trial court's robbery under 18 … |
| 21-7375 |
Rodolfo Rodriguez, Jr. v. United States |
Tenth Circuit |
2022-03-15 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review consensual-encounter consent criminal-procedure investigative-detention investigative-stop law-enforcement-interaction search-and-seizure standard-of-review voluntary-consent |
What is the appropriate standard to be applied in determining whether an encounter with police was consensual or an investigative stop? |
| 21-7353 |
Alejandro Chavarria v. United States |
Fifth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure federal-rules-of-criminal-procedure government-estoppel judicial-error plea-agreement rule-32 sentencing |
Whether a trial judge's erroneous FED. R. CRIM. P. 32(j)(1)(B) advice regarding the defendant's right to appeal his sentence, and the Government's fai… |
| 21-7354 |
Joseph Patrick Keel v. Florida |
Florida |
2022-03-14 |
Denied |
Response WaivedIFP |
alleyne-precedent apprendi-rule criminal-procedure criminal-sentencing due-process identity judicial-interpretation prior-convictions prior-record-exception sentencing sixth-amendment |
Whether courts have incorrectly applied a 'prior-record' exception to Apprendi and Alleyne |
| 21-7355 |
Jon Charles Vance v. United States |
Sixth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fifth-amendment jury reasonable-doubt |
Whether the Petitioner Jon Charles Vance was denied his fundamental right under the Fifth Amendment to Due Process |
| 21-7356 |
Stacey Tremaine Johnson v. United States |
Fourth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking due-process evidence firearm-possession guideline-calculation jury-instruction jury-instructions sentencing sentencing-reasonableness standard-of-proof uncharged-conduct |
Whether there was sufficient evidence for the jury to find the petitioner guilty of drug-trafficking,firearm-possession |
| 21-7357 |
Joel Castro-Lopez v. United States |
Fifth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure criminal-sentencing discretion district-court-discretion guidelines judicial-reasoning legal-standard sentencing sentencing-guidelines standard-of-review |
Whether a district court errs should reference or address substantial arguments for a sentence outside the Guideline range? |
| 21-7360 |
Marc N. Greenberg v. United States |
Sixth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-rights criminal-procedure criminal-proceeding due-process federal-rules-of-appellate-procedure fundamental-fairness notice-of-appeal supervised-release |
Whether the technical requirements of Federal Rule of Appellate Procedure 3(c)(1)(B) trump an individual's due process rights |
| 21-7346 |
Avian Brule v. United States |
Fifth Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error judicial-discretion revocation-standard sentencing supervised-release |
What is the appellate standard of review applicable to sentences imposed following revocation of supervised release? |
| 21-7351 |
Miguel Angel Cruz-Polanco, aka Luis Hernandez v. United States |
Fourth Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure federal-sentencing plain-error plea-bargaining sentencing-guidelines |
Whether the Federal Sentencing Guidelines Mandate a Plea of Guilty and Guarantee a Point Reduction on Acceptance of Responsibility |
| 21-7352 |
Pedro Intzin-Guzman v. United States |
Fifth Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7332 |
Marlon Sisnero-Gil v. United States |
Second Circuit |
2022-03-10 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict circuit-split criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines sentencing-reasonableness substantive-reasonableness substantive-unreasonableness supervisory-power |
Whether the Petition should be granted because the Court of Appeals' decision holding that Petitioner's sentence was not substantively unreasonable co… |
| 21-7334 |
Gregory Todd Numann v. United States |
Ninth Circuit |
2022-03-10 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability child-pornography criminal-procedure evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel password-protected-device plea-bargaining |
Whether the Court of Appeals for the Ninth Circuit erred in denying Mr. Numann's motion for certificate of appealability |
| 21-1227 |
MRI Associates of Tampa, Inc. v. State Farm Mutual Automobile Insurance Company |
Florida |
2022-03-10 |
Denied |
Response Waived |
constitutional-rights due-process evidence evidence-standard florida-supreme-court stipulation-of-facts summary-judgment unpreserved-issue waived-issue waiver-doctrine |
Did the Florida Supreme Court violate the Petitioner's constitutionally guaranteed due process rights? |
| 21-7322 |
James Earl Harper v. United States |
Fourth Circuit |
2022-03-09 |
Denied |
Response WaivedIFP |
breach-of-agreement breach-of-contract criminal-procedure due-process government-contract government-motion incarceration plea-agreement sentencing |
Whether the Government should have been bound by the provisions of the Plea Agreement as the Petitioner did not breach the provisions contained therei… |
| 21-7325 |
Michael T. Braxton v. Tonya James, Warden |
Fourth Circuit |
2022-03-09 |
Denied |
IFP |
appeals appellate-jurisdiction civil-rights constitutional-rights criminal-procedure due-process judicial-review parole statutory-interpretation statutory-provisions |
Can a state deny due process by making a parole agreement on AFTER and in contrast to a vast majority of appeals courts' rulings |
| 21-7327 |
Tina Carol Ortega v. United States |
Fifth Circuit |
2022-03-09 |
Denied |
Response WaivedIFP |
criminal-procedure delegation-of-authority district-court due-process judicial-discretion plain-error probation probation-officer sentencing separation-of-powers |
Did the district court plainly err when it delegated to a probation officer the authority to determine the duration of a residential treatment program… |
| 21-7328 |
Glen S. v. Connecticut |
Connecticut |
2022-03-09 |
Denied |
Response WaivedIFP |
circuit-split constitutional-right criminal-defendant criminal-procedure due-process judicial-canvassing probation-violation right-to-testify testimony-rights trial-court-duty waiver waiver-of-rights |
Should an affirmative duty be imposed on trial courts to canvass criminal defendants about their right to testify? |
| 21-7287 |
Ivan Cruz-Rivera v. United States |
First Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment informant informant-tip law-enforcement police-officer probable-cause reasonable-suspicion search-and-seizure |
Whether it is not necessary to evaluate the basis of knowledge underlying an informant's tip if the informant is a police officer |
| 21-7299 |
Rasheed Ali Muhammad v. United States |
Fifth Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process equal-protection jurisdiction |
Whether petitioner's conviction was reviewed in violation of due process and equal protection rights |
| 21-7305 |
Steven Bryant v. Shawn Emmons, Warden |
Georgia |
2022-03-08 |
Denied |
Response WaivedIFP |
criminal-procedure false-testimony habeas-corpus ineffective-assistance plea-deal prosecutorial-misconduct strickland-standard strickland-v-washington witness-testimony |
Where the state's only eyewitness and linchpin of its case, the co-defendant, struck a deal whereby she would plead to a lesser offense and testify ag… |
| 21-7306 |
Jonathan Mota v. United States |
Ninth Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
appellant-standard appellate-review circuit-conflict civil-rights criminal-procedure cumulative-error district-court due-process judicial-error legal-prejudice prejudice |
What degree of error and of prejudice must an appellant show with respect to individuals errors of the district court before those errors may be consi… |
| 21-7309 |
Jaime Calderon, aka Jaime Arredonde, aka Jaime Rene Calderon v. United States |
Ninth Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
civil-rights daubert-standard due-process evidence expert-testimony gatekeeping-function judicial-reliability kumho-tire law-enforcement law-enforcement-experts reliability |
Whether district courts have a duty to assess the reliability of law enforcement officers testifying as experience-based experts |
| 21-7312 |
Daniel Viveiros v. Massachusetts |
Massachusetts |
2022-03-08 |
Denied |
Response WaivedIFP |
complaint-testimony due-process evidence evidence-admission expert-testimony prosecutorial-misconduct sexual-assault trial-error trial-procedure uncorroborated-allegations |
Whether the trial court erred in admitting evidence without expert medical testimony |
| 21-7316 |
Richard Duerson v. United States |
Sixth Circuit |
2022-03-08 |
Denied |
Response WaivedRelisted (2)IFP |
absent-witness confrontation-clause criminal-procedure due-process evidence-admission hearsay hearsay-testimony judicial-discretion judicial-proceedings just-conclusion officer-testimony |
What obligation does the court have in allowing an officer to repeat an absent witness's statements which inculpate a defendant, over counsel's object… |
| 21-7317 |
Michael Cota v. John Malone, et al. |
Ninth Circuit |
2022-03-08 |
Denied |
IFP |
civil-rights criminal-procedure due-process immunity prosecutorial-misconduct standing |
Whether the petitioner's absolute immunity from criminal liability for acts taken in his official capacity as a state prosecutor violates due process |
| 21-7321 |
Eric Labreece Mack v. Texas |
Texas |
2022-03-08 |
Denied |
IFP |
appeal criminal-procedure due-process evidence jury-instructions sentencing standard-of-review |
Whether the court of appeals erred in finding that Mr. Mack was not entitled to a defensive jury instruction |
| 21-7289 |
Katrina Brown v. United States |
Eleventh Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
closing-argument criminal-procedure fair-trial judicial-error motion-for-severance prejudice right-to-counsel severance standby-counsel |
whether-the-district-court-committed-error-by-ordering-the-defendant-to-go-forward-with-closing-argument-without-standby-counsel |
| 21-7291 |
Bonifacio Eduardo Trujillo-Gutierrez v. United States |
Fifth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
almendarez-torres certiorari constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent recidivism sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7292 |
James E. Walker v. Illinois |
Illinois |
2022-03-07 |
Denied |
IFP |
civil-rights criminal-procedure discretionary-review due-process habeas-corpus ineffective-assistance-of-counsel intellectual-disability post-conviction post-conviction-relief prosecutorial-misconduct sentencing |
Was prosecutorial misconduct during the State's opening argument with the use of a witness testimony about the apartment being vacant and abandoned, w… |
| 21-7293 |
Jose Rodriguez-Vasquez v. United States |
Fifth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7295 |
Miguel Lerma-Reyes v. United States |
Fifth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7297 |
Jaime B. Garcia v. Warren L. Montgomery, Warden |
Ninth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process first-degree-murder habeas-corpus jury-instructions legal-theory prosecutorial-concession reasonable-jurists standard-of-review |
Whether a certificate of appealability should have been issued when the jury was instructed on an invalid legal theory to convict the petitioner of fi… |
| 21-7270 |
Karo Brown v. United States |
Second Circuit |
2022-03-04 |
Denied |
IFP |
circuit-split criminal-justice-reform criminal-procedure first-step-act legal-developments retroactivity sentencing sentencing-reduction statutory-interpretation |
Whether a district court must or may consider intervening legal developments when deciding whether to impose a reduced sentence under Section 404(b) o… |
| 21-7275 |
David Nowakowski v. Pennsylvania |
Pennsylvania |
2022-03-04 |
Denied |
IFP |
civil-rights due-process evidence evidence-presentation judicial-review prosecutorial-discretion prosecutorial-error separation-of-powers state-court-system |
Where a district attorney fails to exercise discretion in the decision not to prosecute, can continued and mounting evidence be presented to the distr… |
| 21-7276 |
Julio Rodriguez v. United States |
Eleventh Circuit |
2022-03-04 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-precedent civil-rights criminal-conviction criminal-procedure due-process federal-courts habeas-corpus harmless-error residual-clause standing unconstitutional-vagueness |
Whether a certificate of appealability can be issued despite controlling circuit authority to the contrary |
| 21-7277 |
Sadeen Jones v. Pennsylvania |
Pennsylvania |
2022-03-04 |
Denied |
IFP |
carpenter-v-united-states cell-site-location-information criminal-procedure fourth-amendment inevitable-discovery initial-illegal-search probable-cause search-and-seizure search-warrant warrant-requirement |
Is this matter so identical to Carpenter v. United States that like that case, this Petition for WRIT OF CERTIORARI should be reviewed, and granted re… |
| 21-7278 |
Calvin James v. John T. Wilcher, Sheriff, Chatham County, Georgia |
Georgia |
2022-03-04 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights court-procedure criminal-procedure defendant-rights double-jeopardy due-process federalism jurisdiction service-of-process summons |
Whether the Double Jeopardy Clause prohibits successive state and federal prosecutions for the same offense |
| 21-7280 |
Sammie Carroll v. Maryland |
Maryland |
2022-03-04 |
Denied |
Response WaivedIFP |
appellate-review court-of-special-appeals criminal-conviction criminal-procedure due-process evidence evidence-sufficiency jail-call-evidence standard-of-review sufficiency-of-evidence |
Did the Court of Special Appeals of Maryland err in ruling that the evidence adduced at trial was sufficient to sustain a conviction? |
| 21-7265 |
Victor L. Manns, Jr. v. Florida |
Florida |
2022-03-03 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process fifth-amendment implied-waiver miranda-rights self-incrimination testimony |
Whether a suspect can provide an implied waiver of Miranda rights when a detective admits under oath that the suspect was not properly Mirandized |
| 21-7266 |
Fredy Zamora-Reyes v. United States |
Fifth Circuit |
2022-03-03 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi constitutional-interpretation criminal-procedure notice-clause prior-conviction sentencing-enhancement sixth-amendment |
Can a court, consistent with the Sixth Amendment's Notice Clause, impose a statutorily enhanced sentence based on the fact of a prior conviction never… |
| 21-7271 |
Matthew Moore v. Thomas Mackie, Warden |
Sixth Circuit |
2022-03-03 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure criminal-sexual-conduct due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment |
Was denied effective assistance of counsel and unconstitutionally coerced into taking a paternity blood test |
| 21-7244 |
Walter L. Merritte v. Illinois |
Illinois |
2022-03-03 |
Denied |
IFP |
appeal constitutional-law criminal-information criminal-procedure due-process legal-procedure standing state-court trial-court |
Whether petitioner's due process rights were violated |
| 21-7230 |
Gemar Morgan v. United States |
Sixth Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights court-of-appeals criminal-procedure due-process judicial-review legal-standard probation sentencing sentencing-guidelines statutory-interpretation supervised-release |
Whether the words 'a house' in the Fourth Amendment apply both to the defendant's conduct as a renter of a house and to the defendant's period of 2 to… |
| 21-7231 |
Caleb L. McGillvary v. New Jersey |
New Jersey |
2022-03-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process faretta-inquiry Faretta-motion right-to-counsel self-representation waiver |
Whether the denial of a defendant's motion to self-represent without a Faretta inquiry constitutes a waiver of the right to self-representation if the… |
| 21-7245 |
Julia Ann Poff v. United States |
Fifth Circuit |
2022-03-02 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights compassionate-release criminal-procedure due-process federal-sentencing habeas-corpus pro-se pro-se-filing sentence-reduction sentencing |
Whether a defendant who is not represented by an attorney can be denied the right to file a pro se motion for compassionate release under 18 U.S.C. § … |
| 21-7247 |
Kevin Herriott v. Lieutenant Jackson |
Fourth Circuit |
2022-03-02 |
Denied |
IFP |
civil-procedure civil-rights constitutional-amendments court-of-appeals due-process evidence federal-courts federal-rules legal-mail mail-room standing statutory-provisions |
Whether the claimant is entitled to offer evidence to support his claims? |
| 21-7248 |
John Garcia v. Melissa Robinson |
Arizona |
2022-03-02 |
Denied |
IFP |
child-custody constitutional-rights court-order due-process evidence judicial-bias judicial-determination parental-rights parenting-plan trial-procedure |
Does a judge's pre-determination on the record prior to reviewing the evidence at trial violate a constitutional right to due process? |
| 21-7251 |
Major Hudson, III v. Oklahoma |
Oklahoma |
2022-03-02 |
Denied |
IFP |
civil-rights criminal-procedure due-process federal-jurisdiction federal-sovereignty indian-law land-title native-american-rights standing subject-matter-jurisdiction tribal-jurisdiction tribal-sovereignty |
Whether Oklahoma Court's can continue to unlawfully exercise under state law criminal jurisdiction over the lands formerly known as the Unassigned Lan… |
| 21-7253 |
Luis D. Sambolin-Robles v. Corrections Administration |
First Circuit |
2022-03-02 |
Denied |
IFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure due-process evidence evidence-standard judicial-review legal-procedure standing trial-fairness |
Whether the federal government's prosecution of the petitioner violated the petitioner's constitutional rights |
| 21-7254 |
Stephen C. Hanf v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-03-02 |
Denied |
IFP |
civil-rights COVID-19-pandemic criminal-procedure due-process equitable-tolling extraordinary-circumstances habeas-corpus molestation-charges standing trial-procedure |
Whether the COVID-19 pandemic qualifies as an extraordinary circumstance for equitable tolling |
| 21-7255 |
James Robert Hope v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence jurisdiction jury-instructions mistrial prejudice prosecutorial-misconduct standing |
Whether the lower courts erred in finding that Mr. Hope was not prejudiced by mistrial counters due to his failure to object to the trial court's lack… |
| 21-7256 |
Clemente Rosales-Sanchez v. United States |
Fifth Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
almendarez-torres Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7258 |
Fernando Contreras-Rojas v. United States |
Fifth Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
Almendarez-Torres certiorari constitutional-provisions criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing Supreme-Court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7260 |
George K. Mackie v. Massachusetts |
Massachusetts |
2022-03-02 |
Denied |
Response WaivedIFP |
closing-argument criminal-procedure impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions miscarriage-of-justice prosecutorial-misconduct reasonable-doubt |
Did the appeals court err in holding that the error-laden closing argument by the prosecutor, taken in its totality, create a substantial risk of a mi… |
| 21-1201 |
Michael D. Smith v. United States |
Sixth Circuit |
2022-03-02 |
Denied |
Response Waived |
civil-rights criminal-procedure due-process grand-jury judicial-misconduct jurisdiction prosecutorial-misconduct |
Will the Eastern District of Kentucky be allowed to ignore our federal laws,Constitution and Bill of Rights and have a 5 week, mock trial on innocent … |
| 21-1202 |
Michael D. Smith v. Frances Catron Cadle, et al. |
Sixth Circuit |
2022-03-02 |
Denied |
Response Waived |
abuse-of-power civil-rights constitutional-rights cover-up criminal-procedure due-process federal-jurisdiction government-liability judicial-misconduct prosecutorial-misconduct |
Will the government officials be allowed to violate federal-laws,constitution-and-bill-of-rights,prosecutorial-misconduct,judicial-misconduct,no-juris… |
| 21-7235 |
Wesley S. Ricks v. Tim Hooper, Warden |
Fifth Circuit |
2022-03-01 |
Denied |
Response WaivedIFP |
capital-offense capital-offenses criminal-procedure due-process joinder-of-offenses non-capital-offenses procedural-safeguards state-constitution trial-rights |
Whether Capital and NonCapital Offenses may be Joinder of Offenses for Trial? |
| 21-7238 |
Holli Wrice v. United States |
Seventh Circuit |
2022-03-01 |
Denied |
Response WaivedIFP |
18-usc-3582 3553(a)-factors compassionate-release congressional-intent criminal-justice-reform criminal-procedure extraordinary-and-compelling extraordinary-circumstances retroactive-sentencing sentencing-reduction sentencing-reform statutory-interpretation |
Whether district courts can reduce a defendant's sentence based on the reason that the defendant is serving a sentence for an offense for which the pe… |
| 21-7239 |
Michael Arrington v. United States |
Third Circuit |
2022-03-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief sixth-amendment |
Whether the district court erred in denying petitioner's motion for a new trial based on ineffective assistance of trial counsel |
| 21-7241 |
Darrell Johnson v. Pennsylvania |
Pennsylvania |
2022-03-01 |
Denied |
Response WaivedIFP |
alibi-instruction evidence ineffective-assistance ineffective-assistance-of-counsel legal-error pennsylvania-state-court state-court stipulations trial-counsel |
Was the Pennsylvania State Court's ruling supported by the evidence and free from legal error when it held that Petitioner's trial counsel was not ine… |
| 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 the Court of Appeals err in excluding evidence that deprived Petitioner of his Sixth Amendment right |
| 21-7219 |
Lorenzo Suttles v. United States |
Sixth Circuit |
2022-02-28 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release criminal-justice-reform criminal-procedure federal-courts first-step-act miscarriage-of-justice sentencing-reduction sentencing-reform statutory-interpretation |
Whether a pre-FSA defendant's circumstances changed by Congress's clarification of §924(c) may constitute extraordinary and compelling reasons for com… |
| 21-7220 |
Jesse Kyle Skyberg v. United States |
Fifth Circuit |
2022-02-28 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction habeas-corpus jurisdiction precedent-interpretation standing |
Whether the Exclusive Jurisdiction Doctrine applies to criminal cases |
| 21-7221 |
Alfred Lavoris Moody v. United States |
Fourth Circuit |
2022-02-28 |
Denied |
Response WaivedIFP |
criminal-justice criminal-procedure due-process judicial-discretion juvenile-justice mitigating-factors mitigation-factors proportionality rehabilitation sentencing sentencing-guidelines sentencing-review |
Whether the 78-month sentence imposed on Mr. Moody was 'greater than necessary' considering his troubled childhood |
| 21-7222 |
Hugo Valencia Mendoza v. United States |
Eleventh Circuit |
2022-02-28 |
Denied |
Response WaivedIFP |
constitutional-law criminal-law criminal-procedure due-process fifth-amendment sentencing-guidelines statutory-interpretation united-states-sentencing-guidelines vagueness-doctrine |
Is the term 'involved' under Section 2D1.1(b)(5) of the United States Sentencing Guidelines Unconstitutional under the Vagueness Doctrine through the … |
| 21-7223 |
Angel DeLara v. California |
California |
2022-02-28 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process fourteenth-amendment judicial-discretion jury-determination jury-trial penal-code sentencing sentencing-enhancement sixth-amendment |
Whether California's Determinate Sentencing Law violates the Sixth and Fourteenth Amendments |
| 21-7225 |
Milton Lattimore v. Illinois |
Illinois |
2022-02-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial guilty-plea judicial-discretion mental-competency special-conditions trial-fitness |
Whether a person who is fit to stand trial only with special conditions is denied due process when the trial court accepts a guilty plea entered witho… |
| 21-7229 |
Steven A. Taliani v. Illinois |
Illinois |
2022-02-28 |
Denied |
IFP |
criminal-procedure due-process evidence evidentiary-hearing involuntary-intoxication prescription-medication state-prisoner statutory-interpretation supreme-court-review |
Does the Illinois Supreme Court's opinion and analysis constitute an unreasonable determination of the facts in light of the Illinois Supreme Court's … |
| 21-1185 |
Rufino Valdez-Lopez v. United States |
Ninth Circuit |
2022-02-28 |
Denied |
|
circuit-split collateral-attack criminal-procedure due-process fifth-amendment judicial-vindictiveness sentencing sentencing-procedure sixth-amendment |
Whether the Pearce presumption of judicial vindictiveness applies when a second (new) sentencer imposes a harsher sentence following a successful coll… |
| 21-1186 |
Michelle Manor, et vir v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. |
Ninth Circuit |
2022-02-28 |
Denied |
Response Waived |
civil-rights coercive-interrogation constitutional-law criminal-procedure due-process evidence immigration judicial-review marriage-fraud ninth-circuit unreliable-statements |
Whether the Ninth Circuit erred in finding that the Manors waived the issue that the trial court erred in relying upon unreliable statements made duri… |
| 21-7206 |
Chuck Duckworth v. Illinois |
Illinois |
2022-02-25 |
Denied |
Response WaivedIFP |
bankruptcy-code bankruptcy-discharge bankruptcy-injunction creditor-recovery creditors criminal-procedure fresh-start restitution restitution-award state-prosecution |
Whether a state prosecutor can recover previously discharged debts on behalf of bankruptcy creditors following a criminal prosecution and by way of a … |
| 21-7207 |
Robert Brewer v. New York |
New York |
2022-02-25 |
Denied |
Response WaivedIFP |
accomplice-liability constitutional-law criminal-law criminal-procedure due-process jury-unanimity precedent state-courts supreme-court-precedent |
Whether Saad v Arizona continues to apply following Ramos v. Louisiana and Edwards v Vannoy |
| 21-7211 |
Theodore William Taylor v. The Kendall Law Group, P.L.L.C., et al. |
Fifth Circuit |
2022-02-25 |
Denied |
IFP |
5th-amendment 6th-amendment appellate-review civil-rights constitutional-rights criminal-procedure due-process judicial-interpretation legal-ethics misconduct statutory-interpretation |
Whether the Fifth Circuit Court of Appeals erred in affirming the district court's order dismissing the plaintiff's civil complaint without considerin… |
| 21-7213 |
Kwasi McKinney v. Arkansas |
Arkansas |
2022-02-25 |
Denied |
Response WaivedIFP |
appellate-jurisdiction compulsory-process confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process equal-protection postconviction-relief speedy-trial |
When does the direct appeal of a jury trial conviction of six (6) different criminal offenses and sentence become final? |
| 21-7217 |
Thomas Allen Twobabies v. Oklahoma |
Oklahoma |
2022-02-25 |
Denied |
IFP |
criminal-procedure federal-jurisdiction major-crimes-act mcgirt-decision montgomery-v-louisiana native-american-law oklahoma-court-of-criminal-appeals retroactivity schriro-v-summerlin supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma applies to the Cheyenne and Arapaho Tribes for Major Crimes Act purposes |
| 21-7191 |
Rosa Leija-Peralta v. United States |
Fifth Circuit |
2022-02-24 |
Denied |
Response WaivedIFP |
criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7194 |
Mainor Canales v. Tennessee |
Tennessee |
2022-02-24 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance investigation post-conviction-relief sixth-amendment trial-preparation witness-investigation |
Ineffective-assistance-of-counsel |
| 21-7196 |
Luis Alonso Ramirez v. United States |
Fifth Circuit |
2022-02-24 |
Denied |
Response WaivedIFP |
almendarez-torres certiorari criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing Sixth-Amendment supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7198 |
Remel Ahart v. Massachusetts |
Massachusetts |
2022-02-24 |
Denied |
Response WaivedIFP |
and whether Massachusetts's appellate review prov appellate-review collateral-review criminal-procedure equal-protection ineffective-assistance ineffective-counsel postconviction-review procedural-default sixth-amendment |
When a court issues a procedural ruling not to extend the benefits of a new rule collaterally to those who did not preserve their claim, does the Sixt… |
| 21-7201 |
Michael Dewayne Jones v. Oklahoma |
Oklahoma |
2022-02-24 |
Denied |
IFP |
constitutional-law criminal-procedure federal-enclave fourteenth-amendment fourth-amendment state-jurisdiction |
Did the State of Oklahoma violate Petitioner's Fourth and Fourteenth Amendment rights when they prosecuted this Petitioner's crime which happened on a… |
| 21-1170 |
Louis Ciminelli v. United States, et al. |
Second Circuit |
2022-02-24 |
Judgment Issued |
Amici (5)Relisted (2) |
circuit-split criminal-procedure economic-decision federal-statute fraud-statutes property-fraud right-to-control second-circuit wire-fraud |
Whether the Second Circuit's 'right to control' theory of fraud states a valid basis for liability under the federal wire fraud statute |
| 21-1165 |
Janhoi Cole v. United States |
Seventh Circuit |
2022-02-23 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure fourth-amendment investigation officer-conduct rodriguez-rule rodriguez-v-united-states traffic-stop unrelated-crimes |
Whether the extension of a traffic stop for an officer to ask detailed questions about the driver's travel plans violates the Fourth Amendment |
| 21-7183 |
Ruth Diaz-Burgos v. United States |
Eleventh Circuit |
2022-02-23 |
Denied |
Response WaivedIFP |
criminal-procedure district-court federal-rules-of-criminal-procedure fifth-amendment interrogation plea-bargaining plea-colloquy self-incrimination |
Whether Rule 11(b) requires advice of Fifth Amendment rights before plea colloquy interrogation |
| 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… |
| 21-7169 |
Latwon James v. United States |
Fourth Circuit |
2022-02-22 |
Denied |
Response WaivedRelisted (2)IFP |
appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver |
Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a plea-agreement-waiver |
| 21-7170 |
Deborah Bowers and Steve S. Jabar, aka Steve Shariff, aka Satar Jabar, aka Kamal Jabar, aka Kamal Jamel v. United States |
Second Circuit |
2022-02-22 |
Denied |
Response WaivedIFP |
18-usc-1001 appeal appellate-review criminal-procedure false-statements fraud fraud-theory indictment materiality materiality-standard prosecutorial-discretion statutory-interpretation |
May a court of appeals reinstate a verdict on a theory of fraud that was not pled in the indictment, not sought to be proven or argued at the trial, n… |
| 21-7173 |
Herman J. Snell, II v. Oklahoma |
Oklahoma |
2022-02-22 |
Denied |
IFP |
collateral-attack criminal-procedure due-process fundamental-miscarriage-of-justice fundamental-rights jurisdictional-challenge miscarriage-of-justice state-conviction subject-matter-jurisdiction |
Did the United States Supreme Court enter a new procedural rule of law that overrules subject matter jurisdiction? |
| 21-7174 |
Inocencio Gamboa-Rivera v. United States |
Fifth Circuit |
2022-02-22 |
Denied |
Response WaivedIFP |
case-precedent constitutional-law court-of-appeals criminal-procedure due-process fifth-circuit legal-review sentencing stare-decisis statutory-interpretation supreme-court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7154 |
John Walters v. Michael Martin, Warden |
Fourth Circuit |
2022-02-18 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer prejudice-analysis right-to-counsel strickland-standard strickland-v-washington |
Under the prejudice analysis in Missouri v. Frye and Strickland v. Washington, does the acceptance of a later, less favorable plea show prejudice even… |
| 21-7157 |
Richard Lucas v. United States |
Second Circuit |
2022-02-18 |
Denied |
Response WaivedIFP |
circuit-split cocaine cocaine-definition controlled-substances criminal-arrest criminal-procedure plain-error probable-cause statutory-interpretation |
Whether a state statute's definition of 'cocaine' differs from the federal definition based on the plain, unambiguous language of the statutes |
| 21-7161 |
Deja Paschal v. Connecticut |
Connecticut |
2022-02-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equivocal-request right-to-counsel self-representation sixth-amendment waiver |
Whether the defendant's request for self-representation was unequivocal, despite being made in the context of a request for new counsel |
| 21-7163 |
Nathaniel Ruth v. United States |
Seventh Circuit |
2022-02-18 |
Denied |
Response WaivedIFP |
career-offender circuit-split controlled-substances criminal-procedure federal-law sentencing-guidelines state-law statutory-interpretation |
Does the phrase 'controlled substance' in U.S.S.C. § 4B1.2(b) include substances that are excluded from the Controlled Substances Act? |
| 21-7143 |
Johnny Brett Gregory v. United States |
Eleventh Circuit |
2022-02-17 |
Dismissed |
Response WaivedRelisted (2)IFP |
28-usc-1651 constitutional-rights coram-nobis criminal-procedure judicial-review legal-challenge petition-rights post-conviction-relief supervised-release writ-of-certiorari |
Does a person serving a term of supervised release have a constitutional right to avail themselves of a writ of coram nobis under 28 U.S.C. § 1651(a) … |
| 21-7147 |
Sergio Alberto Arzate-Gameroz v. United States |
Fifth Circuit |
2022-02-17 |
Denied |
Response WaivedIFP |
case-precedent criminal-law criminal-procedure due-process fifth-circuit judicial-review overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7148 |
Mark Allen Banes v. United States |
Eighth Circuit |
2022-02-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-law federalism improper-venue interstate-registration registration-compliance sex-offender-registration venue venue-jurisdiction |
Whether the state of origin where a sex offender is properly registered is an improper venue for hearing a violation of the sex offender's registratio… |
| 21-7149 |
Pedro Romero-Sandoval v. United States |
Fifth Circuit |
2022-02-17 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7150 |
Michael Cameron v. Tim Hooper, Warden |
Fifth Circuit |
2022-02-17 |
Denied |
IFP |
criminal-procedure due-process eyewitness-identification misidentification right-to-defense right-to-present-defense showup-lineup suggestive-lineup witness-identification |
Did the trial court err in allowing the uncorroborated showup identifications at Cameron's trial? |
| 21-7152 |
Jeremy Heath Barney v. Pennsylvania |
Pennsylvania |
2022-02-17 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment constitutional-rights criminal-conviction criminal-procedure defendant-rights due-process post-conviction-relief resentencing undisturbed-conviction |
Does a defendant have a United States Constitutional 14th Amendment right under due process to attack his undisturbed conviction after being resentenc… |
| 21-1146 |
Gary McClain v. Texas |
Texas |
2022-02-17 |
Denied |
|
client-autonomy criminal-procedure criminal-trial defense-counsel fundamental-rights right-to-counsel sixth-amendment structural-error trial-strategy |
Whether defense counsel's concession of guilt during the guilt phase of trial, without the client's permission, violates the client's Sixth Amendment … |
| 21-1131 |
Trudy Mighty, as Personal Representative of the Estate of David M. Alexis, Deceased v. Miguel Carballosa, et al. |
Eleventh Circuit |
2022-02-16 |
Denied |
Response Waived |
circuit-conflict circuit-split civil-procedure civil-rights curative-admissibility due-process evidence evidentiary-ruling expert-testimony |
Whether the Eleventh Circuit erroneously applied the doctrine of 'curative admissibility' to affirm the district court's admission of inadmissible spe… |
| 21-1135 |
Goyko Gustav Kuburovich v. United States |
Ninth Circuit |
2022-02-16 |
Denied |
Response Waived |
bankruptcy bankruptcy-fraud criminal-procedure due-process false-statements federal-prosecution fraud jury-instructions jury-unanimity statutory-interpretation sua-sponte |
Whether a district court has an obligation to issue a sua sponte jury unanimity instruction when a criminal defendant is prosecuted for a single count… |
| 21-7132 |
Dominique C. Swopes v. Ohio |
Ohio |
2022-02-16 |
Denied |
IFP |
capital-case discovery-order due-process evidence fourteenth-amendment interlocutory-appeal scientific-evidence state-created-right trial-court-discretion |
Whether a defendant in a capital case has a Fourteenth Amendment due process right to take an interlocutory appeal of a trial court's discovery order … |
| 21-7133 |
Francis P. Salemme v. United States |
First Circuit |
2022-02-16 |
Denied |
Response WaivedIFP |
accessorial-liability accessory-after-the-fact aiding-and-abetting criminal-procedure due-process jury-instruction jury-instructions legal-precedent middleton-v-mcneil |
Whether the jury instruction regarding accessorial liability that fails to distinguish between aiding and abetting liability and accessory after the f… |
| 21-7139 |
Bradley Scott Williams v. United States |
Fourth Circuit |
2022-02-16 |
Denied |
Response WaivedIFP |
base-level-score criminal-procedure drug-offense judicial-discretion methamphetamine sentencing-guidelines USSG-Section-2D1.1(c)(2) USSG-Section-2D1.1(c)(4) |
Did the trial court commit error when it calculated the appellant's sentencing guideline base level score using the enhanced 'Ice' guideline value und… |
| 21-7116 |
Victor Armando Acevedo v. United States |
Ninth Circuit |
2022-02-15 |
Denied |
IFP |
criminal-law criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure federal-rules-of-criminal-procedure judicial-procedure notice sentencing supervised-release |
Whether, under Federal Rule of Criminal Procedure 43(a)(3), a district court can lawfully impose the thirteen 'standard' supervised-release conditions… |
| 21-7119 |
Victor Carlos Castano v. United States |
Sixth Circuit |
2022-02-15 |
Denied |
IFP |
burden-of-proof criminal-procedure enterprise fifth-amendment grand-jury jury-instructions proffer-agreement rico-conspiracy sentencing sentencing-enhancement |
Whether the government was impermissibly relieved of its burden to prove each element of RICO Conspiracy |
| 21-7122 |
Thomas Warner v. Illinois |
Illinois |
2022-02-15 |
Denied |
IFP |
aggravated-battery criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency firearm-discharge jury-instructions sentencing state-testimony witness-credibility |
Whether Thomas Warner's convictions for aggravated battery with a firearm should be reversed |
| 21-7125 |
William F. Kaetz v. United States |
Third Circuit |
2022-02-15 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure coram-nobis criminal-procedure fraud-on-court fraud-on-the-court judicial-error miscarriage-of-justice rule-60 writ-of-coram-nobis |
Whether a lower court has a duty and obligation to correct a miscarriage of justice caused by fraud on the court, regardless of a harmless error of mi… |
| 21-7128 |
Cornelius Riley v. United States |
Third Circuit |
2022-02-15 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sentencing drug-offense due-process fifth-amendment jury-trial sentencing-guidelines sixth-amendment |
Should the reasoning of Apprendi, Alleyne, and Peugh be extended to cases where a defendant's sentencing guideline range increases significantly due t… |
| 21-1129 |
Wen-Ting Zheng-Smith v. Nassau Health Care Corporation, dba NUHealth System, et al. |
Second Circuit |
2022-02-15 |
Denied |
Response Waived |
academic-reviews attorney attorney-conduct civil-procedure court-discretion evidence evidence-submission government-findings judicial-procedure legal-evidence witness-statements witness-testimony |
Can evidence presented by defendant's attorney on behalf of plaintiff be updated to include missing information? |
| 21-7110 |
Jorge Alberto Funez-Zapata v. United States |
Fifth Circuit |
2022-02-14 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 21-7102 |
Elmer Josue Rivas-Garcia v. United States |
Fifth Circuit |
2022-02-11 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-law criminal-law criminal-procedure due-process precedent precedent-analysis sentencing statutory-interpretation supreme-court supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 21-7094 |
Gustavo Guillermo Gutierrez v. United States |
Fifth Circuit |
2022-02-10 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-review recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7100 |
Alkiohn Dunkins v. Pennsylvania |
Pennsylvania |
2022-02-10 |
Denied |
IFP |
cellsite-information constitutional-protections criminal-procedure due-process fourth-amendment law-enforcement privacy privacy-rights search-and-seizure standing |
Whether the lower courts erred by denying the petitioner's motion to suppress cell-site information |
| 21-7081 |
Marko Stasiv v. United States |
Second Circuit |
2022-02-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidentiary-hearing judicial-discretion jury-coercion jury-trial motion-for-new-trial |
Was the Defendant entitled to a hearing on jury coercion? |
| 21-7084 |
Dwight David Jordan v. Florida |
Florida |
2022-02-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process indictment jury-instructions legal-precedent lesser-included-offense principal-liability waiver |
Whether the court can depart from clearly established law on case by case basis? |
| 21-7087 |
In Re Wesley Thompson |
|
2022-02-09 |
Denied |
IFP |
appeals criminal-procedure due-process equal-protection habeas-corpus sentencing |
Was Mr. Thompson's convictions affirmed despite constitutional violations? |
| 21-7088 |
Selbourne Waite v. United States |
Second Circuit |
2022-02-09 |
GVR |
Relisted (2)IFP |
18-usc-924c aiding-and-abetting attempted-robbery crime-of-violence criminal-procedure eighth-amendment hobbs-act sentencing-enhancement |
Whether attempted Hobbs Act robbery and aiding and abetting Hobbs Act robbery are crimes of violence |
| 21-7092 |
Epati Malauulu v. United States |
Ninth Circuit |
2022-02-09 |
Denied |
Response WaivedIFP |
18-usc-2255 constitutional-rights counsel-waiver criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief section-2255 waiver |
Whether, Despite a Waiver, Malauulu Can Properly Raise Ineffective Assistance of Counsel Claims Under 18 U.S.C. § 2255? |
| 21-7067 |
Kimmie Dwayne Baker v. Arizona |
Arizona |
2022-02-08 |
Denied |
Response WaivedRelisted (2)IFP |
certiorari-review criminal-procedure due-process electronic-surveillance evidence exculpatory-evidence government-misconduct government-response judicial-procedure new-trial new-trial-motion surveillance |
Whether the government was obligated to respond and contest the merits of the July 3, 2022 motion, rather than moving to dismiss on the basis of untim… |
| 21-7072 |
Dontrell R. Wise v. United States |
Second Circuit |
2022-02-08 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-conviction criminal-procedure drug-crimes drug-dealing due-process expert-testimony sufficiency-of-evidence |
Whether the Second Circuit Court of Appeals erred in affirming Dontrell Wise's conviction which was not supported by sufficient evidence to prove his … |
| 21-7073 |
Nathaniel Collins v. Alabama |
Alabama |
2022-02-08 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure due-process electronic-hearing in-person-hearing probation trial-court-objection video-conference virtual-hearing |
Whether a virtual, video conference, or other hearing that takes place using an electronic or computer medium is sufficient to meet the due process re… |
| 21-1099 |
Thomas Clayton Steres v. Kevin Curran, Warden, et al. |
Ninth Circuit |
2022-02-08 |
Denied |
Response Waived |
cell-phone-search certificate-of-appealability constitutional-rights criminal-procedure fourth-amendment habeas-corpus ineffective-assistance plea-bargaining right-to-counsel sixth-amendment |
Whether Thomas Steres received ineffective assistance of counsel |
| 21-1102 |
Oklahoma v. Shaynna Lauren Sims |
Oklahoma |
2022-02-08 |
GVR |
Response RequestedRelisted (2) |
criminal-jurisdiction criminal-procedure due-process equal-protection federalism indian-country native-american-rights non-indian-crimes state-prosecution tribal-sovereignty |
Whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country |
| 21-1089 |
Jeff Garvin Smith, Cary Dale Vandiver, Patrick Michael McKeoun, David Randy Drozdowski, and Vincent John Witort v. United States |
Sixth Circuit |
2022-02-07 |
Denied |
|
Criminal-Procedure Due-Process First-Amendment Free-Speech hypothetical-elements jury-instruction Jury-Instructions RICO-Conspiracy sixth-circuit-precedent |
Should the jury have been allowed to convict the defendants on the hypothetical existence of all of the elements of a RICO Conspiracy? |
| 21-1082 |
Tarresse Leonard v. United States |
Eleventh Circuit |
2022-02-04 |
Denied |
|
criminal-procedure essential-element harmless-error indictment judicial-review motion-to-dismiss structural-error |
Whether the erroneous denial of a timely raised motion to dismiss an indictment omitting an essential element is structural error requiring dismissal … |
| 21-1083 |
Jay Hoon Choi v. Virginia |
Virginia |
2022-02-04 |
Denied |
Response Waived |
6th-amendment criminal-procedure custodial-interrogation due-process law-enforcement-contact miranda-rights right-to-attorney right-to-counsel right-to-remain-silent sixth-amendment state-magistrates |
Miranda-rights-after-assertion |
| 21-7059 |
Timothy George Muller v. Michigan |
Michigan |
2022-02-04 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process evidence ineffective-assistance-of-counsel jurisdiction plea-bargaining substance venue |
Whether the trial court erred in denying Mr. Muller's motion to withdraw his plea and vacate his conviction for delivery of a controlled substance cau… |
| 21-7062 |
Michael Devell Smith v. United States |
Fifth Circuit |
2022-02-04 |
Denied |
Response WaivedIFP |
3553(a) criminal-procedure criminal-sentencing district-court-discretion guidelines section-3553a sentence-disparity sentencing sentencing-guidelines substantive-reasonableness unwarranted-disparities |
Whether the district court ordered an unreasonable 24-month sentence considering the facts of this case and the Guidelines sentence range of 12 to 18 … |
| 21-7063 |
Salahudin Shaheed v. United States |
Third Circuit |
2022-02-04 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure drug-introduction due-process exculpatory-defense legal-standard plea-bargaining sentencing sexual-misconduct standing |
Whether the lower courts have properly used their 'physical force' when declaring certain conduct, such as 'drug introduction' and 'illicit sex acts' … |
| 21-7047 |
In Re Daren Kareem Gadsden |
|
2022-02-03 |
Dismissed |
IFP |
constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process federal-indictment federal-jurisdiction fifth-amendment sentencing sentencing-authority |
Whether the U.S. District Court exceeded its authority and/or jurisdiction |
| 21-7051 |
Demarcus Antwon Chatmon v. Texas |
Texas |
2022-02-03 |
Denied |
IFP |
body-camera body-camera-recording confrontation-clause criminal-procedure due-process hearsay hearsay-exception police-evidence primary-purpose testimonial-statement |
Whether the Confrontation Clause permits the admission of accusatory statements found on a police body camera recording without requiring the State to… |
| 21-7053 |
Iramm Wright v. United States |
Eleventh Circuit |
2022-02-03 |
Denied |
Response WaivedIFP |
circuit-split constitutional-law constitutional-vagueness criminal-procedure johnson-precedent johnson-v-united-states procedural-default statutory-interpretation vagueness-doctrine |
Whether a movant's procedural default may be excused due to a constitutional vagueness challenge not reasonably available prior to Johnson v. United S… |
| 21-7054 |
Ervin Walker, Jr. v. United States |
Eleventh Circuit |
2022-02-03 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure district-court-discretion sentencing-factors sentencing-guidelines sentencing-reduction ussg-1b1.13 |
Whether the District Court abused its discretion in denying Petitioner's Motion for Compassionate Release |
| 21-7041 |
Anthony Andrews v. Bryan K. Dobbs, Warden |
Fourth Circuit |
2022-02-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process parole revocation sentencing supervised-release |
Whether the district court erred in revoking the petitioner's supervised release under 18 U.S.C. 3583(e)(3) |
| 21-7016 |
Tony Gonzalez v. Rhode Island |
Rhode Island |
2022-02-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion brady-violation cellphone-search criminal-procedure due-process fourth-amendment jury-selection jury-venire motion-to-suppress sixth-amendment standing |
Did the trial Justice err, when the Jury Venire challenge, had been inappropriately addressed, concerning a proper sixth Amendment challenge? And Tria… |
| 21-7018 |
Jose Fuentes v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-02-01 |
Denied |
IFP |
character-evidence criminal-procedure deposition due-process ineffective-assistance ineffective-assistance-of-counsel insanity-defense medical-records subpoena trial-counsel witness-testimony |
Was counsel's failure to subpoena an important witness considered ineffective assistance of trial counsel? |
| 21-7022 |
Patrick Nilo Gil v. Virginia |
Virginia |
2022-02-01 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process jurisdiction public-defender sentencing suppression-hearing video-evidence |
Whether the seizure of a vehicle by law enforcement officers was lawful, given the alleged lack of authority and the defendant's claims of defective p… |
| 21-7023 |
Toni Marie Rambo v. Texas |
Texas |
2022-02-01 |
Denied |
IFP |
civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing |
Does the sentence imposed on Mrs. Rambo constitute cruel and unusual punishment in violation of her Eighth Amendment rights? |
| 21-7030 |
Darrin Lynn Pickens v. Oklahoma |
Oklahoma |
2022-02-01 |
Denied |
IFP |
constitutional-law criminal-jurisdiction criminal-procedure enabling-act federal-jurisdiction federal-land-restrictions indian-country state-enabling-act state-jurisdiction subject-matter-jurisdiction territorial-jurisdiction |
Does the State of Oklahoma have subject matter jurisdiction over any person who commits an offense within the boundaries of Indian Country? |
| 21-7032 |
Adrian Hunt v. United States |
Fifth Circuit |
2022-02-01 |
Denied |
Response WaivedIFP |
2d1.1(b)(1) 5th-circuit criminal-procedure due-process fifth-circuit firearm-enhancement sentencing-guidelines tools-of-the-trade tools-of-the-trade-presumption |
Whether the Fifth Circuit's practice of applying a tools-of-the-trade presumption to the firearm enhancement of sentencing guidelines §2D1.1(b)(1) vio… |
| 21-7034 |
Jeriton Lavar Curry, aka Cheese v. United States |
Fourth Circuit |
2022-02-01 |
Denied |
Response WaivedIFP |
career-offender crime-of-violence criminal-procedure district-court-error due-process hobbs-act legal-analysis sentencing-guidelines standard-of-review |
Whether a Conviction for Hobbs Act Robbery qualifies as a 'crime of violence' under the Sentencing Guidelines |
| 21-7036 |
Jeffrey Davis v. Orange County Sheriff's Office, et al. |
Eleventh Circuit |
2022-02-01 |
Denied |
Relisted (2)IFP |
arrest-validity civil-rights criminal-procedure detention-challenge district-court-procedure due-process false-arrest habeas-corpus judicial-review legal-standard prima-facie-evidence standing |
Whether the district court departed from the essential requirements of the law |
| 21-7037 |
Robert Breest v. New Hampshire |
New Hampshire |
2022-02-01 |
Denied |
Response WaivedIFP |
criminal-procedure dismissal dna-testing expert-testimony favorable-evidence forensic-evidence habeas-corpus new-hampshire retrial statutory-interpretation |
Whether the DNA tests were favorable under New Hampshire RSA 651-D-2, VI (b) and warrant dismissal of the charge |
| 21-7038 |
Jeremy William Lillich v. United States |
Eighth Circuit |
2022-02-01 |
Denied |
Response WaivedIFP |
criminal-procedure detention fourth-amendment identification reasonable-suspicion search-and-seizure terry-stop warrant-execution |
Did the lower courts depart from the accepted course of judicial proceedings by allowing detention based on dispelled reasonable suspicion? |
| 21-6989 |
Jason Wayne Oien v. Chad Pringle, Warden |
Eighth Circuit |
2022-01-31 |
Denied |
IFP |
certiorari civil-rights constitutional-interpretation criminal-procedure due-process judicial-review lower-court-decision post-conviction-relief procedural-error prosecutorial-misconduct sentencing supreme-court-review |
Whether the petitioner's conviction was supported by sufficient evidence under the standard set forth in Jackson v. Virginia |
| 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 |
Does the Constitution permit the exclusion of a defendant's presentation of substantial evidence of third-party culpability simply because the court b… |
| 21-6999 |
Sharoc Richardson v. Sherman Campbell, Warden |
Sixth Circuit |
2022-01-31 |
Denied |
Response WaivedIFP |
criminal-procedure defense-witnesses due-process ineffective-assistance-of-counsel jury-instruction jury-instructions prosecutorial-misconduct right-to-a-fair-trial trial-court-error witness-cross-examination |
Did the trial court err in failing to instruct the jury on involuntary manslaughter? |
| 21-7009 |
Cristian M. Loga-Negru v. Wisconsin |
Wisconsin |
2022-01-31 |
Denied |
Response WaivedRelisted (2)IFP |
brady-violation constitutional-rights criminal-procedure deportation due-process exculpatory-evidence plea-bargaining prosecutorial-misconduct vindictiveness |
Whether a defendant who demonstrates that a prosecutor willfully injected into a plea colloquy a more serious and concealed criminal charge based on t… |
| 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 |
Whether the previous court erred in denying Ms. Ewing's motion based on its own merits determination of her ineffective assistance of counsel claim |
| 21-7013 |
Michael John Wolfe v. Oregon |
Oregon |
2022-01-31 |
Denied |
Response WaivedIFP |
capital-crime constitutional-law constitutional-provision criminal-law criminal-procedure due-process ex-post-facto legislative-amendment retroactivity |
Does the ex post facto prohibition preclude a state from charging a defendant with a newly defined capital crime under a retroactivity provision |
| 21-7014 |
Vicente Lopez-Sanchez v. United States |
Fifth Circuit |
2022-01-31 |
Denied |
Response WaivedIFP |
assault criminal-intent criminal-procedure due-process jury-instruction jury-instructions law-enforcement mens-rea |
Whether the district court erred by denying the defense's jury instruction |
| 21-7015 |
Edward T. James v. Florida |
Florida |
2022-01-31 |
Denied |
IFP |
capital-defendant court-procedure criminal-procedure due-process habeas-corpus incompetency incompetency-claim mental-competency substantive-claim substantive-review |
Whether a court may refuse to review a capital defendant's substantive incompetency claim? |
| 21-7020 |
Charles David Gordon v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2022-01-31 |
Denied |
Response WaivedIFP |
brady-disclosure criminal-procedure due-process evidence-admissibility mental-health segregation self-incrimination voluntariness voluntary-statements |
Whether a defendant's statements may be admitted into evidence when the statements were made while she was placed in segregated confinement based on m… |
| 21-6990 |
Roger D. Roberts v. United States |
Sixth Circuit |
2022-01-28 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure drug-crimes due-process evidence-standard habeas-corpus informant-credibility police-misconduct search-and-seizure state-court-review |
Whether the prosecutor's use of evidence obtained from a confidential informant was lawful, where the informant's credibility was questionable |
| 21-6996 |
Robert Stivers v. Illinois |
Illinois |
2022-01-28 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment civil-rights coerced-confession confession-admissibility constitutional-rights criminal-procedure due-process interrogation-procedure police-interrogation right-to-silence |
Whether the police violated a suspect's constitutional rights under the Fifth and Fourteenth Amendments when they ignored clear and unambiguous invoca… |
| 21-7000 |
Dominic Dean Adams v. United States |
Ninth Circuit |
2022-01-28 |
Denied |
Response WaivedIFP |
appellate-review conviction conviction-review court-of-appeals criminal-procedure due-process judicial-procedure legal-error sentencing standard-of-review |
Did the court of appeals err in affirming Mr. Adams' conviction? |
| 21-7003 |
Latique Johnson v. United States |
Second Circuit |
2022-01-28 |
Denied |
Response WaivedIFP |
admissibility admissibility-standard ballistics ballistics-testimony evidence expert-testimony expert-witness federal-rules-evidence federal-rules-of-evidence firearm forensic-science scientific-reliability |
Whether testimony by ballistics toolmark experts that a particular firearm fired recovered bullets or casings is presently so flawed as to be inadmiss… |
| 21-7006 |
Juan Jaime-Guzman v. United States |
Fifth Circuit |
2022-01-28 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment |
Whether a court can impose a statutorily enhanced sentence based on a prior conviction not alleged in the indictment, consistent with the Sixth Amendm… |
| 21-7008 |
Marco Dane Acoff v. Alabama |
Alabama |
2022-01-28 |
Denied |
Relisted (2)IFP |
constitutional-protocol criminal-procedure due-process federal-constitution habeas-corpus judicial-discretion mental-evaluation state-constitution supreme-court-review |
whether-the-alabama-supreme-court-wrongfully-decided-an-important-issue |
| 21-1053 |
Randall Hepp, Warden v. Danny L. Wilber |
Seventh Circuit |
2022-01-28 |
Denied |
|
aedpa-review criminal-procedure deck-v-missouri due-process federal-habeas habeas-corpus judicial-restraint jury-trial shackling state-conviction state-court-deference |
Whether the Seventh Circuit's invalidation of Wilber's conviction comports with the limits on federal authority to overturn State convictions under th… |
| 21-6974 |
Alfredo Gonzalez v. Angel Quiros, Commissioner, Connecticut Department of Correction |
Connecticut |
2022-01-27 |
Denied |
Response WaivedIFP |
accessory-liability burden-of-proof criminal-procedure criminal-sentencing due-process firearm-enhancement firearms jury-determination manslaughter sentencing |
Does Connecticut's statutory scheme of accessory to manslaughter in the first degree with a firearm violate Due Process? |
| 21-6980 |
Michael R. Fowler v. Robert Fox, Warden |
Ninth Circuit |
2022-01-27 |
Denied |
Response WaivedIFP |
civil-rights confrontation-clause criminal-procedure due-process evidence hearsay |
Whether the victim's statements to police are admissible at trial on the grounds of unavailability |
| 21-6982 |
Robert Stanley Gordon v. Metropolitan Life Insurance Company |
Ninth Circuit |
2022-01-27 |
Denied |
IFP |
benefits-denial conflict-of-interest custody erisa evidence evidence-retention long-term-disability plan-concealment |
Whether ERISA long-term disability benefits can be denied after years of plan concealment |
| 21-6987 |
Marcus Antonio Grubbs v. United States |
Eleventh Circuit |
2022-01-27 |
Denied |
Response WaivedIFP |
appeal-waiver contract-law criminal-procedure defendant-rights due-process miscarriage-of-justice procedural-waiver sentencing |
Whether a defendant can knowingly, voluntarily, and/or intelligently execute an appeal waiver of conduct yet to occur in the proceedings, vis-à-vis se… |
| 21-6992 |
Michael Rocky Lane v. United States |
Ninth Circuit |
2022-01-27 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review compassionate-release criminal-justice criminal-procedure due-process federal-sentencing ninth-circuit sentencing summary-affirmance |
Whether the denial of Michael Lane's motion for compassionate release was an abuse of discretion? |
| 21-6961 |
Mauro C. Palacio v. Justin Caraway, et al. |
Fifth Circuit |
2022-01-26 |
Denied |
Response WaivedIFP |
appellate-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-admission fifth-amendment fourth-amendment judicial-discretion procedural-error |
Whether the Court of Appeals erred in holding that the petitioner abandoned, through failure to brief, a separate claim that he is subject to an illeg… |
| 21-6966 |
Juan Sampel v. United States |
Second Circuit |
2022-01-26 |
Denied |
Response WaivedIFP |
appellate-review drug-quantity due-process evidence evidence-withholding government-misconduct judicial-discretion sentencing |
Does an appellate court violate principles of Due Process when it disregards substantial evidence which questions a district court's drug quantity fin… |
| 21-6967 |
Lemonta Markuis Maddox v. California |
California |
2022-01-26 |
Denied |
IFP |
civil-rights coerced-confessions constitutional-rights criminal-procedure due-process federal-law interrogation involuntary-statements plea-bargaining state-law |
Whether the use of coerced statements obtained through false promises of leniency violates federal and state constitutional rights to due process |
| 21-6968 |
Jay Anthony Jones v. Maryland |
Maryland |
2022-01-26 |
Denied |
Response WaivedIFP |
appellate-review constitutional-protection criminal-procedure criminal-remand double-jeopardy due-process judicial-discretion north-carolina-v-pearce sentencing sentencing-enhancement twigg-v-state |
Is the State of Maryland's case Twigg v. State, 447 Md. 1 (2016) afoul of the long standing principal set forth in North Carolina v. Pearce, 395 U.S. … |
| 21-1042 |
David Minnick v. Dan Winkleski, Warden |
Seventh Circuit |
2022-01-26 |
Denied |
Response Waived |
criminal-procedure defense-counsel direct-appeal guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel reasonableness-inquiry sentencing strickland-standard strickland-v-washington |
Whether the 'reasonableness' standard for assessing deficient performance of defense counsel under Strickland-v-Washington,-Hill-v-Lockhart permits a … |
| 21-6948 |
Robert Earl Ramseur v. United States |
Fifth Circuit |
2022-01-25 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure double-jeopardy due-process grand-jury indictment prosecutorial-vindictiveness self-surrender sentencing superseding-indictment |
Is it prosecutorial vindictiveness to have a superseding indictment after completion of the trial proceedings and sentencing-without resubmission to t… |
| 21-6949 |
Reno Fuentes Rios v. Ken Clark, Warden |
Ninth Circuit |
2022-01-25 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus parole sentencing |
Whether the United States Court of Appeals for the Sixth Circuit erred in denying all claims under 28 U.S.C. § 2254 and 28 U.S.C. § 2255 related to th… |
| 21-6950 |
Stephen Rosa v. New York |
New York |
2022-01-25 |
Denied |
IFP |
case-law civil-rights constitutional-violation court-procedure criminal-procedure district-attorney due-process sentencing standing statutory-rights |
Was the court in violation for not following its own case laws? |
| 21-6952 |
Sunrise Lee v. United States |
First Circuit |
2022-01-25 |
Denied |
Relisted (2)IFP |
circuit-split conspiracy controlled-substances criminal-procedure due-process evidence-standard federal-court judgment-of-acquittal legal-sufficiency physician prescription-drugs |
Whether a non-physician may be convicted of conspiring with a physician to prescribe controlled substances outside of the course of professional pract… |
| 21-6955 |
Erica Umbay v. United States |
Ninth Circuit |
2022-01-25 |
Denied |
Response WaivedIFP |
appeal-rights criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interstate-commerce plea-bargaining plea-withdrawal sentencing-guidelines |
Whether a Criminal Defendant Can Withdraw a Plea Under Federal Rule of Criminal Procedure 11(b)(8) if the Plea Lacked an Adequate Factual Basis? |
| 21-6957 |
David Kent Thacker, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-01-25 |
Denied |
IFP |
amendment-due-process civil-rights constitutional-challenge criminal-procedure criminal-proceedings due-process exclusionary-rule federal-intervention investigation-scope miranda-rights pecuniary-interest self-incrimination |
whether MERANDA is part of the 5th Amendment's protection |
| 21-6960 |
Jonathan C. Roush v. United States |
Sixth Circuit |
2022-01-25 |
Denied |
Response WaivedIFP |
18-usc-3161 18-usc-3164 court-of-appeals criminal-procedure district-court-order griggs-v-provident-consumer-discount-co retroactive-exclusion speedy-trial speedy-trial-act time-calculation zedner-v-united-states |
Whether a district court may enter a post-appeal order to place findings and calculations on the record of a case to explain an earlier oral ruling de… |
| 21-6933 |
Carlos Rivera-Alejandro, aka Homero v. United States |
First Circuit |
2022-01-21 |
Denied |
Response WaivedIFP |
barker-factors barker-v-wingo circuit-split civil-rights constitutional-review criminal-procedure due-process speedy-trial standard-of-review trial-length |
Whether the Supreme Court should resolve a circuit split concerning the standard of review for a constitutional speedy-trial-claim |
| 21-6940 |
Ferney Salas Torres v. United States |
Second Circuit |
2022-01-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-appeal criminal-procedure district-court-discretion minor-role-adjustment pilot-enhancement plea-agreement procedural-reasonableness second-circuit sentencing sentencing-guidelines |
Whether the Second Circuit Court of Appeals erred in affirming Ferney Salas Torres' judgment of conviction and sentence which was procedurally unreaso… |
| 21-6944 |
Juan Coreno-Garay v. United States |
Fifth Circuit |
2022-01-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6945 |
Johnnie W. Byrd, III v. David W. Gray, Warden |
Sixth Circuit |
2022-01-21 |
Denied |
IFP |
burden-of-proof certificate-of-appealability criminal-justice-system criminal-procedure due-process federal-due-process-protections federal-judicial-system food-stamps judicial-review ohio-law sixth-circuit |
Can the citizens of the United States have confidence in the fairness of our criminal-justice-system and its reforms if our system tolerates the total… |
| 21-1032 |
Jason T. Berry v. Federal Bureau of Investigation, et al. |
First Circuit |
2022-01-21 |
Denied |
Response WaivedRelisted (2) |
4th-amendment cell-phone-intrusion civil-procedure en-banc-review evidence exceptional-importance fbi-abuses fourth-amendment mandate-recall pro-se pro-se-litigation standing |
Whether additional evidence of claims occurring while a judgment is pending and immediately after case closure merit recall of a mandate |
| 21-1021 |
Dexter Payne, Director, Arkansas Division of Correction v. Alvin Bernal Jackson |
Eighth Circuit |
2022-01-20 |
Denied |
Relisted (4) |
adaptive-skills constitutional-rights criminal-sentencing cruel-and-unusual-punishment death-penalty due-process evidence intellectual-disability judicial-interpretation |
Whether courts may consider adaptive strengths in deciding whether a defendant is intellectually disabled and thus ineligible for the death penalty |
| 21-6890 |
Robert William Moats v. United States |
Fourth Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
civil-rights consensual-encounter consent constitutional-rights criminal-procedure detention fourth-amendment police-detention probable-cause search-and-seizure |
Whether the majority opinion of the United States Fourth Circuit of Appeals, which held that the defendant had a consensual encounter with police and … |
| 21-6908 |
Jessie Flores v. Brian Cates, Warden |
Ninth Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
competence-to-stand-trial competency-to-stand-trial criminal-procedure ineffective-assistance-of-counsel mental-health-defense mental-state-defense psychosis specific-intent substance-abuse willful-deliberate-and-premeditated-murder |
Does defense counsel unreasonably fail to investigate and present a mental state defense to a charge of willful, deliberate and premeditated murder? |
| 21-6910 |
Juan Manuel Cruzado-Laureano v. W. Stephen Muldrow |
First Circuit |
2022-01-20 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion attorney-for-government attorney-for-the-government criminal-procedure federal-criminal-procedure grand-jury grand-jury-procedure indictment indictment-validity judicial-discretion mandamus mandamus-petition |
Questions Presented for Court Review |
| 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 |
Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable … |
| 21-6917 |
Joseph Earl Clark, II v. Shawn Lindsey Britt, et al. |
Fourth Circuit |
2022-01-20 |
Denied |
IFP |
42-usc-1983 civil-rights collateral-estoppel constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction-relief sentencing-mitigation standing |
Whether the petitioner's civil rights were violated by state prison officials |
| 21-6919 |
Kevin Vigil v. United States |
Tenth Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
criminal-jurisdiction criminal-procedure evidence-of-continuous-excitement excited-utterance federal-criminal-jurisdiction federal-evidence-rule federal-rules-of-evidence hearsay-exception indian-country-status indian-law pueblo-lands-act |
Whether a hearsay statement may be properly admitted as an excited utterance |
| 21-6932 |
Joshua Dixon v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure federal-review ineffective-assistance-of-counsel state-court-findings sufficiency-of-evidence |
Whether a criminal defendant can make any findings in any state court regarding the criteria for conviction while represented by appointed counsel, fu… |
| 21-6902 |
Daliyl Raaid Muhammad v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2022-01-19 |
Denied |
Response WaivedIFP |
aedpa aedpa-standard circuit-split collateral-review criminal-procedure federal-prejudice-standards harmless-error jury-verdict jury-verdicts supreme-court-precedent |
Whether the Third Circuit erred in holding that United States v. Powell precludes consideration of the jury's other verdicts when conducting harmless … |
| 21-6905 |
Ramon Diaz-Quintana v. United States |
Fifth Circuit |
2022-01-19 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 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 |
| 21-6879 |
In Re Allen Fitzgerald Calton |
|
2022-01-18 |
Dismissed |
IFP |
cause-and-prejudice constitutional-rights criminal-procedure evidence-review evidentiary-hearing habeas-corpus innocence innocence-claim life-sentence original-jurisdiction state-court-review |
Whether transfer to the Supreme Court for hearing pursuant to the court's original habeas jurisdiction is warranted in this exceptional life sentence … |
| 21-6882 |
Alexi Lenin Argueta-Urbina v. United States |
Fifth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6884 |
Hermin Rodriguez-Monserrate, aka Cano, aka Canito v. United States |
First Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
coronavirus-act coronavirus-aid-relief-and-economic-security-act criminal-procedure defendant-absence due-process educational-condition learning-disability sentencing sentencing-procedure supervised-release |
Should the district court have conducted the petitioner's sentence and revocation hearing in his physical absence? |
| 21-6886 |
Roberto Martinez-Rivera v. United States |
First Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure fair-and-just-reason plea-withdrawal presumption-of-innocence rule-11 |
Whether a defendant who enters a plea of guilty, but moves to withdraw such plea prior to sentencing, while at the same time properly articulating a p… |
| 21-6887 |
Sergio Rodriguez-Garcia v. United States |
Fifth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6888 |
Ryan Kenneth Richmond, aka Rich v. United States |
Fourth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review attempted-murder criminal-defendant criminal-procedure plea-agreement relevant-conduct sentencing-guidelines |
Does a criminal defendant's waiver of his right to appeal a within guideline's sentence bar appellate review where the district court used a cross ref… |
| 21-6899 |
John B. Alberts v. Grady Perry, Warden |
Sixth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
automobile-exception container criminal-procedure fourth-amendment ineffective-assistance ineffective-assistance-of-counsel laptop-computer laptop-evidence private-property search-and-seizure |
Whether Trial Counsel was Ineffective for Failing to Move to Suppress Computer Evidence on the Ground that a Search Pursuant to the Automobile Excepti… |
| 21-6901 |
Wilbert Mathes v. United States |
Fifth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
appellate-counsel certificate-of-appealability criminal-procedure drug-quantity drug-quantity-enhancement evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel leadership-enhancement sentencing sentencing-errors |
Whether the Fifth Circuit's denial of a certificate of appealability |
| 21-6852 |
Joedon Bradley v. United States |
Sixth Circuit |
2022-01-14 |
Denied |
Response WaivedIFP |
assets constitutional-rights criminal-procedure due-process employment-history felon-in-possession firearms in-forma-pauperis indigence monthly-income second-amendment support-obligations |
Whether the petitioner's conviction and sentence for possession of a firearm by a felon under 18 U.S.C. § 922(g)(1) violates the Second Amendment |
| 21-6859 |
Jaquirro T. Scott v. United States |
Fifth Circuit |
2022-01-14 |
Denied |
Response WaivedIFP |
circuit-court civil-rights constitutional-error criminal-procedure due-process federal-jurisdiction judicial-review plea-bargaining procedural-standard standing |
Whether a guilty plea without establishing a case against the United States is a structural error |
| 21-6865 |
Justin Odell Langford v. Renee Baker, Warden |
Nevada |
2022-01-14 |
Denied |
Relisted (2)IFP |
commission-statute constitutional-provisions criminal-procedure emergency-legislation fraud-upon-the-court judicial-power judicial-time-bars legislative-override legislative-power procedural-constraints state-supreme-court statutory-revision |
Separation-of-Powers |
| 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 |
Whether McCoy v. Louisiana, 138 S. Ct 1500 (2018), adopts a new substantive rule that applies retroactively to cases on collateral review? |
| 21-6873 |
Juan J. Torres v. Illinois |
Illinois |
2022-01-14 |
Denied |
IFP |
appellate-court court-denial criminal-procedure custody-violation due-process fifth-amendment jurisdiction jurisdictional-challenge legal-procedure miranda-rights right-to-counsel sixth-amendment |
What was the United States Supreme Court ruling about informing a suspect about having a lawyer present during questioning? |
| 21-6875 |
Dontaie Anderson v. Kyle Russell, Warden, et al. |
Third Circuit |
2022-01-14 |
Denied |
Response WaivedIFP |
certiorari civil-rights criminal-procedure double-jeopardy due-process equal-protection evidence judicial-procedure sentencing supreme-court |
Whether the governments need to secure court appearance outweigh the security of person from severe harms, mental and physical, due process and punish… |
| 21-6877 |
Alisha Dawn Aldridge v. Texas |
Texas |
2022-01-14 |
Denied |
IFP |
civil-rights criminal-procedure due-process independent-investigation ineffective-counsel witness-testimony |
Did Counsel fully Advocate for his Client? |
| 21-1001 |
Hakim Bey v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2022-01-14 |
Denied |
Response Waived |
burden-of-proof constitutional-challenge constitutional-law criminal-law criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt |
Whether a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyon… |
| 21-6838 |
Bernard Steven Boyd v. United States |
Fourth Circuit |
2022-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment guideline-sentence guideline-sentencing judicial-discretion sentencing sentencing-variance upward-variance |
Did the Trial Court provide insufficient information or explanation to an upward variance in the Petitioner's Guideline Sentence, from a range of 51 t… |
| 21-6844 |
Pedro Rafael Caraballo-Martinez v. United States |
Eleventh Circuit |
2022-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process harmless-error jury-instruction multiple-theory-error predicate-offense statutory-interpretation unconstitutional-vagueness united-states-v-davis vagueness |
Whether a conviction under 18 U.S.C. § 924(c)(1)(A) may be sustained based on the reviewing court's finding that the jury relied equally on a valid pr… |
| 21-6845 |
In Re Willie S. Smith |
|
2022-01-13 |
Denied |
Relisted (2)IFP |
acquittal appeal appellate-review constitutional-injury criminal-procedure due-process judgment-of-acquittal judicial-discretion legal-remedy usurpation-of-power |
Is it clear and indisputable that respondent Judges have a duty to enter a judgement of acquittal pursuant to 'Ball' and Crim. Rule 29? |
| 21-6848 |
Juan Manuel Lopez v. Oklahoma |
Oklahoma |
2022-01-13 |
Denied |
IFP |
criminal-procedure equal-protection equal-protection-clause federal-major-crimes-act judicial-interpretation major-crimes-act mcgirt-v-oklahoma native-american-rights new-rule subject-matter-jurisdiction |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), announced a new rule of criminal procedure |
| 21-6817 |
Rufus B. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-01-12 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment stand-your-ground victim-deposition |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability |
| 21-6824 |
Dwight Frederick Barnes v. United States |
Eighth Circuit |
2022-01-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure fourth-amendment geolocation-warrant good-faith-doctrine nexus search-and-seizure warrant-requirements warrantless-searches |
Can the good faith doctrine allow a police officer to rely on a geolocation warrant that lacks any showing of nexus in the application between the lis… |
| 21-6827 |
Ryan Thomas Pick v. Virginia |
Virginia |
2022-01-12 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process eighth-amendment electronic-surveillance fifth-amendment fourth-amendment free-speech miranda-rights search-and-seizure sixth-amendment standing |
4th-amendment-rights,electronic-communication-privacy-act,5th-amendment-rights,6th-amendment-rights,8th-amendment-rights,sex-offender-registration |
| 21-6833 |
Jason Lee Sarabia v. United States |
Fifth Circuit |
2022-01-12 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure double-jeopardy evidence-standard fifth-circuit jury-conviction jury-instructions lesser-included-offenses multiplicity |
Do convictions of greater and lesser-included offenses violate the Double Jeopardy Clause when the prosecution uses the same evidence to obtain both c… |
| 21-6816 |
N'Neka L. Crews v. Colorado |
Colorado |
2022-01-11 |
Denied |
Response WaivedIFP |
accident-law criminal-law criminal-procedure due-process federalism fourteenth-amendment mens-rea public-welfare-offense strict-liability |
Whether Colorado's interpretation of a criminal leaving the scene of an accident law conflicts with Supreme Court precedent |
| 21-6818 |
Arron Lawson v. Ohio |
Ohio |
2022-01-11 |
Denied |
IFP |
5th-amendment 8th-amendment capital-offenses competency competency-evaluation constitutional-rights criminal-procedure death-penalty due-process eighth-amendment fifth-amendment state-court-proceedings |
Does a state Court proceeding resulting in a death sentence violate the Fifth and Eighth Amendments when the court fails to ensure the defendant's com… |
| 21-985 |
Oklahoma v. Gage Christopher J. Shriver |
Oklahoma |
2022-01-11 |
Denied |
Amici (1)Response Waived |
criminal-law criminal-procedure federal-jurisdiction indian-law jurisdictional-challenge McGirt-precedent native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled |
| 21-6784 |
Brian James Talbot v. Virginia |
Virginia |
2022-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights due-process equal-protection judicial-consistency legal-precedent plea-withdrawal precedent |
Can the decision in the present case and the-prior decision of the Court of Appeals of Virginia in Williams v. Commonwealth and its progeny, be reconc… |
| 21-6785 |
Jarvis Thomas v. United States |
Ninth Circuit |
2022-01-10 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-law criminal-procedure expert-testimony federal-rules-of-evidence government-witness hypothetical-question hypothetical-questions rule-704b |
Whether Fed. R. Evid. 704(b) precludes a government expert in a criminal case from opining that the defendant knowingly participated in the charged cr… |
| 21-6795 |
Jerry White v. Tim Garrett, Warden, et al. |
Ninth Circuit |
2022-01-10 |
Denied |
Response WaivedIFP |
actual-innocence civil-rights confession constitutional-rights criminal-procedure due-process freestanding-claim habeas-corpus new-evidence post-conviction-relief |
Whether the constitution prohibits the continued incarceration of a person who proves, with new evidence in the form of a confession by the true perpe… |
| 21-6797 |
In Re Lawrence Earl Wilson |
|
2022-01-10 |
Dismissed |
Response WaivedIFP |
constitutional-deprivation criminal-procedure critical-stage due-process equitable-tolling exceptional-case habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel |
Whether a person denied counsel at a critical stage and received ineffective assistance on first appeal has been unconstitutionally deprived of libert… |
| 21-6804 |
Timothy Wayne Kemp v. Arkansas |
Arkansas |
2022-01-10 |
Denied |
IFP |
brady-v-maryland brady-violation cone-v-bell criminal-procedure due-process materiality materiality-standard prejudice prosecutorial-misconduct supreme-court-precedent |
Whether the October 7, 2021 decision of the Arkansas Supreme Court, finding that Timothy Kemp was not prejudiced under Brady v. Maryland, was in confl… |
| 21-6807 |
Davis Salary v. California |
California |
2022-01-10 |
Denied |
IFP |
criminal-procedure due-process equal-protection habeas-corpus post-conviction-relief sentencing |
Is there a possibility to have my prior 5 year prison sentence dismissed? |
| 21-6775 |
Temne Adah Hardaway v. United States |
Eighth Circuit |
2022-01-07 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-law constitutional-interpretation criminal-procedure financial-transactions money-laundering sixth-amendment specified-unlawful-activity venue venue-jurisdiction |
whether-a-person-who-obtains-proceeds-and-makes-a-separate-and-distinct-agreement-from-the-anterior-criminal-conduct,-to-engage-in-a-financial-transac… |
| 21-6776 |
Wesley R. Carey v. Illinois |
Illinois |
2022-01-07 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance michigan-v-mosley post-conviction-relief self-incrimination state-court-decision |
Has the State of Illinois altered a decision in conflict with the decision in United States Supreme Court case, Michigan v. Mosley, thereby, violating… |
| 21-6779 |
Troy Allen Hite v. Michigan |
Michigan |
2022-01-07 |
Denied |
IFP |
14th-amendment 6th-amendment constitutional-violation criminal-procedure critical-stage due-process ineffective-assistance ineffective-assistance-of-counsel michigan-state-courts procedural-default right-to-counsel |
Is-certiorari-appropriate-where-Michigan-state-courts-refused-to-address-petitioner's-denial-of-his-constitutional-right-to-counsel |
| 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 |
| 21-6762 |
Karina Lizett Juarez v. United States |
Fifth Circuit |
2022-01-05 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure drug-offense federal-criminal-law federal-law fifth-circuit mitigating-role sentencing-guidelines |
Whether the Fifth Circuit's review of the facts related to a mitigating adjustment under U.S.S.G. § 3B1.2 violated federal law |
| 21-6751 |
Rudy Mendoza v. United States |
Third Circuit |
2022-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights deportation due-process material-evidence materiality victim witness witness-testimony |
Whether the government must provide notice to a defendant prior to unilaterally deporting the sole witness and sole alleged victim of a pending crimin… |
| 21-6755 |
Kenny Pugh v. Illinois |
Illinois |
2022-01-04 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure due-process exclusionary-rule in-forma-pauperis judicial-district legal-representation search-and-seizure state-court state-courts |
Whether the Petitioner's constitutional rights were violated when the trial court denied his motion to suppress evidence obtained from an unlawful sea… |
| 21-6749 |
Matthew Sullivan v. Daniel Sproul, Warden |
Seventh Circuit |
2021-12-30 |
Denied |
Response WaivedIFP |
brady-v-united-states criminal-procedure guilty-plea legal-clarification misinformation plea-validity post-conviction post-conviction-relief sentencing-enhancement statutory-penalty |
May a criminal defendant attack the validity of his guilty plea when a post conviction clarification in law reveals that he was misinformed regarding … |
| 21-961 |
Oklahoma v. Patrick Wayne Olive |
Oklahoma |
2021-12-30 |
Denied |
|
criminal-law criminal-procedure federalism jurisdiction jurisdictional-challenge mcgirt-precedent native-american-law oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-949 |
George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph |
Third Circuit |
2021-12-29 |
Denied |
|
continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver |
Whether a criminal defendant can forfeit or waive his or her Sixth Amendment right to counsel of choice |
| 21-6742 |
Raudel Salgado-Rodriguez v. United States |
Fifth Circuit |
2021-12-29 |
Denied |
Response WaivedIFP |
credibility-of-evidence criminal-procedure due-process evidence-credibility fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense |
Whether it violates an accused's right to a fundamentally fair trial to have a judge refuse a theory-of-defense jury instruction because the judge per… |
| 21-6744 |
Jose D. Resto-Figueroa v. United States |
First Circuit |
2021-12-29 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-justice-act criminal-procedure exclusionary-rule first-circuit in-forma-pauperis pro-se-petition probable-cause search-and-seizure vehicle-search |
Whether the district court erred in denying the petitioner's motion to suppress evidence obtained from a warrantless search of his vehicle |
| 21-6746 |
Adan Ramirez-Rubio v. United States |
Fifth Circuit |
2021-12-29 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 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 |
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 gui… |
| 21-6736 |
Steven R. Henson v. United States |
Tenth Circuit |
2021-12-28 |
GVR |
Relisted (2)IFP |
actual-knowledge appellate-review criminal-intent criminal-procedure deliberate-ignorance harmless-error jury-instructions medical-practitioner prescription-liability statutory-interpretation sufficiency-of-evidence willful-blindness |
Whether the erroneous issuance of a deliberate ignorance or willful blindness instruction is harmless as a matter of law and beyond appellate review w… |
| 21-940 |
Kentucky v. Jared McCarthy |
Kentucky |
2021-12-27 |
Denied |
Amici (1)Response Waived |
blood-test criminal-procedure due-process evidence evidence-admission fourth-amendment impaired-driving mandatory-minimum search-and-seizure |
Whether the Fourth Amendment prohibits the admission of a defendant's refusal of a blood test in an impaired-driving prosecution |
| 21-945 |
Wisconsin v. Manuel Garcia |
Wisconsin |
2021-12-27 |
Denied |
|
confession criminal-confession criminal-procedure cross-examination due-process evidence-exclusion fifth-amendment miranda-warning miranda-warnings misleading-jury witness-testimony |
Can a criminal defendant's cross-examination of a witness for the State, designed to mislead the jury, open the door to the introduction of the defend… |
| 21-937 |
Christopher Lee Holloway v. Minnesota |
Eighth Circuit |
2021-12-23 |
Denied |
Response Waived |
based solely on the relative age of the actor violates the constitutional right to equal-protec while permitting it to another affirmative-defense age-discrimination constitutional-rights criminal-procedure due-process equal-protection federal-law legislative-intent rational-basis |
Whether the denial of an affirmative defense to one class of offenders in a criminal case |
| 21-6712 |
Jermar Jamie Fuller v. Texas |
Texas |
2021-12-23 |
Denied |
Response WaivedIFP |
criminal-procedure disclosure disclosure-violation due-process exculpatory-evidence prejudice prejudice-inference speedy-trial speedy-trial-analysis |
Did the court of appeals err in determining that the delay caused by the State's failure to disclose exculpatory evidence did not weigh against the St… |
| 21-6715 |
Leihinahina Sullivan v. United States District Court for the District of Hawaii |
Ninth Circuit |
2021-12-23 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights constitutional-rights criminal-procedure due-process federal-investigation psychotherapist-patient-privilege self-representation subpoena-validity |
Whether a criminal defendant can represent themselves pro se, or does a defendant have to waive their privilege to their attorney-client relationship? |
| 21-6718 |
Gregory Chester and William Ford v. United States |
Seventh Circuit |
2021-12-23 |
Denied |
Response WaivedIFP |
apprendi apprendi-doctrine conspiracy-sentencing criminal-procedure grand-jury indictment presentment-clause sentencing statutory-sentencing superseding-indictment |
Whether the Presentment Clause requires grand jury special findings to justify increased statutory sentencing range |
| 21-6724 |
Carl Thompson v. Alaska |
Alaska |
2021-12-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus incompetent-counsel ineffective-assistance-of-counsel jurisdiction sixth-amendment supremacy-clause |
Can a trial court lose its jurisdiction when a defendant has incompetent representation, as it does when there is a physical absence of counsel at tri… |
| 21-6730 |
Mehmet Fatih Biyikoglu v. United States |
Ninth Circuit |
2021-12-23 |
Denied |
Response WaivedIFP |
appellate-waiver breach-of-contract criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing |
Whether petitioner's appellate waiver was enforceable after the district court found him in breach of his plea agreement |
| 21-6691 |
Aaron Hicks v. United States |
Second Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
acquitted-conduct conflict-of-interest counsel-representation criminal-procedure double-jeopardy issue-preclusion joint-trials right-to-counsel severance |
When a co-defendant is represented by counsel who previously represented the defendant, thereby creating an actual conflict of interest, may a court c… |
| 21-923 |
Delila Pacheco v. Oklahoma |
Oklahoma |
2021-12-22 |
Denied |
|
criminal-conviction criminal-procedure final-judgments habeas-corpus indian-law mcgirt-v-oklahoma oklahoma-law retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced |
| 21-909 |
Khai Quang Bui v. Hernan Ruiz Cabaellero |
Virginia |
2021-12-21 |
Denied |
Relisted (2) |
14th-amendment adverse-decision amendment-fourteen civil-procedure civil-rights constitutional-challenge court-procedure due-process evidence judicial-decision procedural-due-process |
Does the U.S. Constitution Amendment XIV Section 1 Procedural Due Process contradict the process, procedure, evidence, and decision of a U.S. court in… |
| 21-911 |
Dan V. Sharp v. United States |
Fifth Circuit |
2021-12-21 |
Denied |
Response Waived |
confrontation-clause constructive-possession criminal-procedure double-jeopardy due-process firearms-offense ineffective-assistance joinder motion-to-suppress severance |
Whether the Court erred in failing to sever the counts by date |
| 21-6685 |
Christopher Dominguez v. United States |
Tenth Circuit |
2021-12-21 |
Denied |
IFP |
criminal-procedure due-process ineffective-assistance-of-counsel informed-consent mandatory-minimum plea-agreement plea-bargaining prosecutorial-misconduct right-to-trial sentencing sentencing-guidelines |
Whether Mr. Dominguez's decision to plead guilty was knowingly and intelligently made when he was grossly misinformed about the risks attendant to goi… |
| 21-6689 |
Daniel Lawrence McGarry v. California |
California |
2021-12-21 |
Denied |
IFP |
criminal-procedure preliminary-hearing probable-cause sixth-amendment speedy-trial state-criminal-proceeding |
Whether the Sixth Amendment right to a speedy trial attaches to a preliminary hearing in a state criminal proceeding |
| 21-6670 |
Eric Beverly v. United States |
Fifth Circuit |
2021-12-20 |
Denied |
Response WaivedIFP |
administration-of-justice bank-robbery beyond-reasonable-doubt criminal-appeal criminal-procedure due-process evidence-sufficiency federal-jurisdiction fifth-circuit jury-conviction standard-of-review sufficiency-of-evidence |
Whether the appeals court conducted an adequate review of facts and evidence upon which the jury reached its decision to convict |
| 21-6679 |
Juan Jarmon v. United States |
Third Circuit |
2021-12-20 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-conflict conspiracy conspiracy-law crack-cocaine criminal-law evidence evidentiary-standard sentencing sentencing-guidelines standard-of-review united-states-v-pressler |
Whether the Third Circuit Court of Appeals entered a decision in conflict with the decision of United States v. Pressler |
| 21-6680 |
Jemaine Monteil Cannon v. Oklahoma |
Oklahoma |
2021-12-20 |
Denied |
IFP |
criminal-procedure direct-appeal final-conviction jurisdiction jurisdictional-claim mcgirt-retroactivity post-conviction postconviction-proceeding retroactivity right-to-counsel state-procedure |
Whether McGirt v. Oklahoma applies retroactively to final convictions |
| 21-6681 |
Eric Michael Crapser v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-12-20 |
Denied |
IFP |
circuit-split criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions lesser-included-offense sixth-amendment strickland-standard strickland-v-washington |
Whether the Court should resolve the clear circuit split on whether Strickland-v-Washington prohibits a criminal defendant from obtaining relief due t… |
| 21-6661 |
Alonzo Cortez Johnson v. Jimmy Martin, Warden |
Tenth Circuit |
2021-12-20 |
Denied |
IFP |
batson-challenge batson-v-kentucky criminal-procedure habeas-corpus jury-selection peremptory-strikes racial-discrimination reconstruction-hearing waiver |
Do the normal rules of waiver apply in a situation like this to preclude a reconstruction hearing where the State has failed to offer any reasons for … |
| 21-6652 |
Salatheo Fluid v. United States |
Fourth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion attorney-representation criminal-procedure district-court federal-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion jurisdiction legal-standing motion-for-new-trial |
Whether the lower courts abused their discretion in dismissing petitioner's motion for a new trial |
| 21-6653 |
Urban Fermin v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision |
Second Circuit |
2021-12-17 |
Denied |
IFP |
business-records confrontation-clause criminal-procedure dna-evidence evidence hearsay hearsay-exception sixth-amendment |
Whether the business record exception to hearsay survives the United States Constitution's Sixth Amendment Confrontation Clause |
| 21-6657 |
Joshua Reshi Dudley v. United States |
Eleventh Circuit |
2021-12-17 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure occasions-different occasions-test prior-conviction prior-convictions sentencing sentencing-enhancement shepard-v-united-states sixth-amendment |
Whether the Sixth Amendment limits a sentencing court's consideration of prior offenses under the Armed Career Criminal Act |
| 21-6658 |
Donald Ray Johnson v. United States |
Fifth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-courts federal-sentencing guideline-commentary judicial-deference judicial-interpretation sentencing-guidelines statutory-construction statutory-interpretation |
Whether federal sentencing courts are bound by the illustrations found in Guideline Commentary? |
| 21-6662 |
Bryant Christopher Watts v. Texas |
Texas |
2021-12-17 |
Denied |
IFP |
affirmative-defense appellate-procedure appellate-review constitutional-review criminal-procedure due-process reasonable-doubt self-defense standard-of-review sufficiency-of-evidence trial-court |
Did the court of appeals err in affirming the trial court where evidence is insufficient to rebut the affirmative defense of self-defense beyond a rea… |
| 21-6663 |
Asher Abid Khan v. United States |
Fifth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-deference remand sentencing |
Did the Court of Appeals fail to accord due deference to the district court's reasons for reimposing the same sentence after remand? |
| 21-899 |
Lauren Rosecan v. United States |
Eleventh Circuit |
2021-12-17 |
Denied |
Response Waived |
collateral-order-doctrine criminal-information criminal-procedure due-process felony grand-jury grand-jury-clause interlocutory-appeal jurisdictional-defect pretrial-motion |
Whether the denial of a pretrial motion to dismiss a criminal information that charges, in violation of the Grand Jury Clause, felony offenses without… |
| 21-892 |
Micah James Patterson v. Virginia |
Virginia |
2021-12-16 |
Denied |
Response Waived |
appellate-jurisdiction constitution constitutional-amendment criminal-procedure double-jeopardy due-process fifth-amendment grand-jury judicial-authority |
Does any court have the authority to amend the United States Constitution by fiat and extinguish a defendant's Fifth Amendment rights? |
| 21-6616 |
Gabriel Schaaf v. Tim Shoop, Warden |
Sixth Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
criminal-procedure custodial-interrogation due-process in-custody-interrogation miranda-rights police-questioning right-to-counsel right-to-remain-silent |
Whether police must wait for counsel to be present, before questioning a suspect who has invoked his right to remain silent and to have counsel presen… |
| 21-6629 |
Jimmy Steele v. United States |
Fifth Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-review criminal-procedure due-process first-step-act judicial-interpretation retroactivity sentencing state-court statutory-interpretation |
Whether Congress intended a sentencing reduction under the First Step Act of 2018 to apply retroactively to defendants sentenced before the Act's enac… |
| 21-6630 |
Daniel A. Rodriguez v. United States |
Eleventh Circuit |
2021-12-16 |
Denied |
Relisted (2)IFP |
28-usc-455 appeal appellate-rights criminal-procedure due-process federal-statute guilty-plea judicial-recusal recusal waiver-of-rights |
Whether an unconditional guilty plea waives a federal criminal defendant's right to appeal a district court's failure to recuse under 28 U.S.C. § 455(… |
| 21-6635 |
Larry Alonzo Gibbs, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-12-16 |
Denied |
IFP |
confrontation-clause constitutional-rights criminal-procedure cross-examination due-process hearsay hearsay-evidence relevance reliability witness-testimony |
Does the State of Florida violate a defendant's right to confront witnesses when they allow the State to introduce evidence that a minor vt suffered f… |
| 21-6638 |
Michael Lewis Gibbons v. Missouri |
Missouri |
2021-12-16 |
Denied |
Response WaivedIFP |
6th-amendment alleged-victim contradictory-testimony criminal-procedure due-process impartial-juror inconsistent-statements judicial-impartiality no-physical-evidence physical-evidence sixth-amendment witness-testimony |
Question not identified |
| 21-6640 |
Kennedy Terrell Walker v. United States |
Eleventh Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
borden-standard carjacking criminal-procedure elements-clause first-time-motion florida-robbery habeas-corpus johnson-v-united-states recidivism section-2255 sentencing violent-felony |
Whether a criminal defendant moving for relief under 28 U.S.C. § 2255 for the first time should be subject to the statutory hurdles applicable to mova… |
| 21-6643 |
Leonus Stevenson Peterson v. United States |
Fourth Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
appellate-circuit appellate-review circuit-split criminal-procedure due-process fourth-circuit knowing-and-voluntary miscarriage-of-justice plea-waiver standard-of-review |
Did the Fourth Circuit err in finding that Petitioner's plea waiver was knowing and voluntary and then applying a stricter standard than a number of o… |
| 21-6644 |
Ashot Minasyan v. United States |
Ninth Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea |
Whether Minasyan's waiver of appeal is unenforceable |
| 21-6645 |
Robert Brandon Bilus v. United States |
Eleventh Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
circuit-court constitutional-interpretation criminal-procedure due-process judicial-precedent jurisdiction plea-bargaining precedent sixth-amendment |
Whether the Eleventh Circuit entered a decision that misapplies the precedent of this Court and as a result, violates the Sixth Amendment to the Unite… |
| 21-6648 |
John Cornelius Montgomery v. David Hudson, et al. |
Fifth Circuit |
2021-12-16 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process free-speech standing |
Whether the government's indictment of the petitioner violated their constitutional rights |
| 21-6594 |
James A. Hald, et al. v. United States |
Tenth Circuit |
2021-12-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
compassionate-release criminal-justice-system criminal-procedure district-court-discretion due-process extraordinary-reasons federal-prisoner-rights federal-prisons sentencing sentencing-reduction statutory-interpretation |
Whether, under 18 U.S.C. § 3582(c)(1)(A), a district court must first determine whether 'extraordinary-and-compelling-reasons' warrant such a reductio… |
| 21-6612 |
Brian Cavitt v. Massachusetts |
Massachusetts |
2021-12-15 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review constitutional-rights criminal-procedure dna-integrity due-process fair-trial forensic-evidence misleading-jury perjury quality-assurance trial-procedure |
Where an incomplete DNA profile allegedly from a knife handle is falsely or scientifically concluded to be a 'match' to a victim's complete DNA profil… |
| 21-6620 |
Tormu Prall v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2021-12-15 |
Denied |
Response WaivedIFP |
chain-of-custody criminal-procedure due-process evidence evidence-tampering fundamental-fairness prosecutorial-misconduct witness-testimony |
Whether the steps the petitioner proposed for regaining access to those letters are a 'watershed rule implicating the fundamental fairness and accurac… |
| 21-6622 |
Rufus Lawson, Jr. v. Officer West, et al. |
Fourth Circuit |
2021-12-15 |
Denied |
IFP |
8th-amendment criminal-procedure due-process excessive-fines statutory-interpretation tax-evasion |
Whether the statute prohibiting willful failure to pay income taxes violates the Eighth Amendment's prohibition on excessive fines |
| 21-6623 |
Gustav Kloszewski v. United States |
Second Circuit |
2021-12-15 |
Denied |
Response WaivedIFP |
attorney-client-privilege constitutional-rights court-appointed-counsel criminal-procedure fifth-amendment ineffective-assistance-of-counsel sixth-amendment |
Whether Kloszewski's Fifth and Sixth Amendment rights were violated when court-appointed counsel divulged conversations about other uncharged/unrelate… |
| 21-6631 |
Jorge Ivan Vazquez-Medrano v. United States |
Fifth Circuit |
2021-12-15 |
Denied |
Response WaivedIFP |
criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6634 |
Roy Cornell Johnson v. United States |
Fifth Circuit |
2021-12-15 |
Denied |
Response WaivedIFP |
assistance-of-counsel constitutional-right constitutional-rights criminal-procedure due-process fifth-circuit-standard ineffective-assistance-of-counsel pro-se-representation right-to-counsel sentencing sentencing-stage |
Was the Petitioner afforded his Constitutional Right to accurate assistance of Counsel in his sentencing stage |
| 21-883 |
Glen D. Gore v. Oklahoma |
Oklahoma |
2021-12-15 |
Denied |
|
chickasaw-nation conviction-finality criminal-procedure federal-native-american-relations habeas-corpus indian-major-crimes-act judicial-precedent McGirt-retroactivity mcgirt-v-oklahoma Oklahoma-law retroactivity substantive-rule |
Whether McGirt v. Oklahoma applies retroactively to convictions |
| 21-884 |
Blake Fields v. United States |
First Circuit |
2021-12-15 |
GVR |
Relisted (2) |
criminal-procedure district-court factual-developments first-step-act intervening-factual-developments intervening-legal-developments legal-developments reduced-sentence sentencing sentencing-reduction statutory-interpretation |
Whether a district court must or may consider intervening legal and factual developments when deciding to impose a reduced sentence under the First St… |
| 21-873 |
Damon Goodloe v. Christine Brannon, Warden |
Seventh Circuit |
2021-12-14 |
Denied |
Response Waived |
confrontation-clause criminal-procedure custody due-process show-up show-up-identification sixth-amendment witness-testimony |
Whether the Confrontation Clause of the Sixth Amendment permits the prosecution to introduce statements elicited at a show-up conducted after the lone… |
| 21-6579 |
Cesar Hidrogo-Marin v. United States |
Fifth Circuit |
2021-12-14 |
Denied |
Response WaivedIFP |
alleyne-rule almendarez-torres appellate-procedure apprendi-rule constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 21-6602 |
Brandon Christian v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2021-12-14 |
Denied |
IFP |
criminal-procedure due-process factual-basis habeas-corpus plea-bargaining plea-validity sentencing statutory-interpretation |
Whether the plea was not entered knowingly and voluntarily because the trial court failed to ensure a sufficient factual basis and advise the petition… |
| 21-6606 |
Akil Tymes v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-12-14 |
Denied |
IFP |
counsel-communication criminal-procedure duty-to-communicate favorable-plea-offer ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining sixth-amendment strickland-standard strickland-v-washington |
Does counsel perform deficiently in failing to fully inform a defendant during the plea bargaining process? |
| 21-6609 |
Christopher Coffer v. United States |
Sixth Circuit |
2021-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing defendant-health due-process health-issues judicial-discretion medical-disadvantage mitigation-factors sentencing sentencing-guidelines sentencing-variance variance |
What is the extent of medical disadvantage that a defendant must present in order to secure a variance based on ill health? |
| 21-6610 |
Cody Allen Bruner v. Oklahoma |
Oklahoma |
2021-12-14 |
Denied |
IFP |
criminal-conviction criminal-procedure due-process final-judgment finality-of-judgments habeas-corpus mcgirt oklahoma retroactivity statutory-interpretation supreme-court tribal-jurisdiction |
Whether MeGict v. Dklchema 140 S. Ct. 2452 (2020) applies retroactively to convictions that were final when MeGict was announced |
| 21-6570 |
Bo Jack Kelley v. United States |
Fifth Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing |
Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 21-6572 |
Jose Luis Ramos-Ramos v. United States |
Fifth Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6582 |
Genaro Alberto Nunez-Ugarte v. United States |
Fifth Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6583 |
Roger Edward Picard v. United States |
First Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge mental-health-assessment rule-35 rule-35-motion sentencing sentencing-procedure |
Did the First Circuit err in denying a jurisdictionally sound motion filed pursuant to Fed.R.Crim.P. 35(a) |
| 21-6584 |
Gregory Donell Eatmon v. United States |
Eleventh Circuit |
2021-12-13 |
GVR |
Relisted (2)IFP |
18-u.s.c.-3553(a) criminal-procedure district-court-discretion first-step-act section-404(b) sentencing sentencing-factors sentencing-guidelines statutory-interpretation u.s.-sentencing-guidelines |
Whether a district court must or may consider the 18 U.S.C. § 3553(a) sentencing factors, including the current sentencing range established by the U.… |
| 21-6585 |
Freddy Crespo v. United States |
Eleventh Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
buck-v-davis certificate-of-appealability circuit-split criminal-procedure due-process eleventh-circuit habeas-corpus miller-el-v-cockrell supreme-court-precedent |
Whether the Eleventh Circuit's rule on certificates of appealability conflicts with Supreme Court precedent |
| 21-6587 |
Marcus Termaine Darden v. United States |
Sixth Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence expert-testimony gang-expert harmless-error hearsay hearsay-testimony sixth-circuit |
Did the Sixth Circuit Court of Appeals err by holding the district court's errors in admitting police 'gang expert' and other hearsay testimony were h… |
| 21-870 |
Michigan v. Treshaun Lee Terrance |
Michigan |
2021-12-13 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
ashe-v-swenson constitutional-law criminal-procedure double-jeopardy issue-preclusion jury-acquittal michigan-courts perpetrator-identity yeager-v-us |
Should issue preclusion apply in criminal cases? |
| 21-872 |
Amoneo Lee v. Shannon Meyer, Warden, et al. |
Tenth Circuit |
2021-12-13 |
Denied |
Response Waived |
aedpa-tolling alleyne-rule collateral-review criminal-procedure due-process habeas-corpus innocence retroactivity sentencing statute-of-limitations substantive-law |
whether-aedpa's-one-year-statute-of-limitations-should-be-equitably-tolled |
| 21-6556 |
Richard Bernard Grundy, III v. United States |
Seventh Circuit |
2021-12-10 |
Denied |
Response WaivedIFP |
court-appointed-counsel criminal-procedure due-process faretta-v-california fifth-amendment judicial-discretion self-representation sixth-amendment |
Whether the United States Court of Appeals for the Seventh Circuit and the District Court deprived Richard Grundy of his Fifth and Sixth Amendment rig… |
| 21-6557 |
Tekoa Glover v. United States |
Fourth Circuit |
2021-12-10 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure guilty-plea non-jurisdictional-claim sixth-amendment waiver withdrawal |
Did the United States Court of Appeals for the Fourth Circuit err by ruling that Mr. Glover waived his Sixth Amendment claims by entering a guilty ple… |
| 21-6563 |
Hector Sanchez-Torres v. Florida |
Florida |
2021-12-09 |
Denied |
IFP |
coerced-confessions coercive-police-activity colorado-v-connelly confession-voluntariness criminal-procedure due-process law-enforcement-threats motivating-cause police-misconduct probable-cause quid-pro-quo voluntariness |
Whether the appropriate interpretation of Colorado v. Connelly's 'essential link' between coercive police activity and a suspect's confession is a 'mo… |
| 21-6568 |
Manuel Nunez-Gonzalez v. United States |
Fifth Circuit |
2021-12-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6547 |
Richard Lynn Long, Jr. v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-12-08 |
Denied |
Response WaivedIFP |
competency competency-evaluation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health plea-agreement right-to-counsel |
Did the Fifth Circuit Court of Appeal err in deferring to the state court finding that Mr. Long was not prejudiced by his trial counsel's failure to n… |
| 21-851 |
Richa Narang v. United States |
Fourth Circuit |
2021-12-08 |
Denied |
|
burden-of-proof criminal-procedure due-process grand-jury indictment jurisdiction mens-rea reinstatement statute |
Whether a district court has jurisdiction to try a defendant upon a finally dismissed indictment |
| 21-852 |
Christopher D. Lischewski v. United States |
Ninth Circuit |
2021-12-08 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
antitrust constitutional-principle criminal-antitrust criminal-procedure due-process jury-trial per-se-rule reasonable-doubt separation-of-powers sherman-act |
Whether the operation of the per se rule in criminal antitrust cases violates the constitutional principle that every element of an offense must be su… |
| 21-6534 |
Wilfredo Rodriguez v. United States |
Eleventh Circuit |
2021-12-07 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process general-verdict harmless-error jury-verdict residual-clause sentencing-enhancement statutory-interpretation vagueness vagueness-doctrine |
Whether a general verdict that was obtained in reliance on the unconstitutionally vague residual clause in 18 U.S.C. § 924(c)(3)(B) may be sustained b… |
| 21-6536 |
In Re Michael Robert Everett |
|
2021-12-07 |
Denied |
IFP |
5th-amendment civil-rights clearly-established-law due-process evidence federal-habeas-corpus ineffective-assistance post-conviction-relief state-court-record suppression-hearing unreasonable-determination |
Whether counsel was ineffective for failing to present to the court during suppression hearing evidence that the petitioner seeks to raise when invoki… |
| 21-6537 |
Stephen Condon Peters v. United States |
Fourth Circuit |
2021-12-07 |
Denied |
Response WaivedIFP |
asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process financial-conflict luis-v-united-states right-to-counsel sixth-amendment |
Does it violate the Sixth Amendment where the trial court deprives a defendant of the use of untainted assets without following proper procedure, and … |
| 21-6541 |
Jesus Corona v. James Hill, Acting Warden |
Ninth Circuit |
2021-12-07 |
Denied |
Response WaivedIFP |
criminal-procedure habeas-corpus preliminary-hearing presumption-of-vindictiveness prima-facie-case procedural-default prosecutorial-discretion sentencing vindictive-prosecution |
Does a criminal defendant state a prima facie case of vindictive prosecution, triggering a presumption of vindictiveness, when the day after he succee… |
| 21-6542 |
Juan Trujillo v. United States |
Fifth Circuit |
2021-12-07 |
Denied |
Response WaivedIFP |
appellate-review clear-error criminal-procedure judicial-discretion limited-remand plain-error remand-standard sentencing sentencing-error statutory-maximum substantial-rights |
Whether a limited remand to assess the impact of a plain error on a defendant's substantial rights extends to miscalculations of the statutory maximum |
| 21-6550 |
Wade Lay v. Aboutanaa El Habti, Warden, et al. |
Tenth Circuit |
2021-12-07 |
Denied |
IFP |
8th-amendment appellate-procedure civil-liberties civil-rights constitutional-rights criminal-procedure death-penalty due-process execution judicial-discretion standing |
Whether the execution protocol used by the State of Oklahoma violates the Eighth Amendment's prohibition on cruel and unusual punishment |
| 21-6512 |
Jason Kiger v. Tim Hooper, Warden |
Louisiana |
2021-12-06 |
Denied |
Response WaivedIFP |
capital-offense constitutional-interpretation constitutional-law criminal-procedure criminal-statute due-process jury-trial legislative-amendment legislative-power sixth-amendment statutory-interpretation unanimous-verdict |
Can Louisiana's 1997 and 1998 legislative amendments to La. 14:42 (C) and (D) qualify, absent a constitutional amendment, as the attendant provision n… |
| 21-6514 |
Jorge Hernandez Rivera v. United States |
Fourth Circuit |
2021-12-06 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure elements-of-crime felon-in-possession firearm-offense information-defect second-amendment sentencing sentencing-enhancement |
Whether an information is defective for failing to state the proper elements for the crime of felon in possession of a firearm |
| 21-6518 |
Kassie Bond Carpenter v. United States |
Fifth Circuit |
2021-12-06 |
Denied |
Response WaivedIFP |
constitutional criminal-procedure federal-courts guideline sentencing statutory |
Whether application of 18 U.S.C. §3147 increases the total range of imprisonment to which the defendant may be subject? |
| 21-6525 |
George Patrick v. United States |
Sixth Circuit |
2021-12-06 |
Denied |
Response WaivedIFP |
class-of-felony criminal-procedure error-correction felony-classification judicial-authority revocation-hearing sentencing sentencing-correction statutory-interpretation supervised-release |
Whether a district court has the authority to correct an error in its original determination of the class of felony at a revocation hearing |
| 21-6528 |
Tushkahomma J. Leon v. Oklahoma |
Oklahoma |
2021-12-06 |
Denied |
IFP |
criminal-conviction criminal-procedure juvenile-justice mcgirt-retroactivity miller-v-alabama retroactivity state-procedural-bar subject-matter-jurisdiction tribal-jurisdiction |
Whether McGirt v. Oklahoma applies retroactively to final convictions |
| 21-6529 |
Brandon Lamont Jenkins v. Oklahoma |
Oklahoma |
2021-12-06 |
Denied |
IFP |
constitutional-challenge criminal-conviction criminal-procedure matloff-v-wallace mcgirt-retroactivity mcgirt-v-oklahoma retroactivity state-procedural-bar subject-matter-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma applies retroactively to final convictions |
| 21-6530 |
Tyreese Thompson v. United States |
Eighth Circuit |
2021-12-06 |
Denied |
Response WaivedIFP |
Almendarez-Torres constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-determination jury-trial precedent-review reasonable-doubt sentencing statutory-maximum |
Whether any facts that increase the penalty for a crime beyond the prescribed statutory maximum need to be submitted to a jury and proved beyond a rea… |
| 21-6533 |
Jabari J. Johnson v. Kathleen McGuire, et al. |
Tenth Circuit |
2021-12-06 |
Denied |
IFP |
civil-procedure civil-rights constitutional-claims constitutional-law criminal-procedure due-process federal-precedent habeas-corpus jurisdiction standing state-court-review |
Whether the district court erred in its decision regarding the issue at hand? |
| 21-835 |
Otha Ray Flowers v. United States |
Fifth Circuit |
2021-12-06 |
Denied |
|
4th-amendment criminal-procedure fourth-amendment high-crime-area illinois-v-wardlow law-enforcement reasonable-suspicion terry-stop terry-v-ohio |
Whether conduct that is consistent with either lawful or unlawful behavior, and in which law-abiding members of the general public routinely engage, c… |
| 21-821 |
Mary J. Farrier v. George Phillip Leicht, et al. |
Sixth Circuit |
2021-12-03 |
Denied |
Response Waived |
civil-procedure civil-rights due-process evidence jurisdiction standing |
Whether the lower court erred in dismissing petitioner's claims for lack of standing |
| 21-6475 |
Mark Hollingsworth v. Maryland |
Maryland |
2021-12-03 |
Denied |
IFP |
brady-violation closing-argument criminal-procedure due-process false-testimony jury-argument napue-v-illinois napue-violation prosecutorial-misconduct right-to-fair-trial |
Did the Maryland State Courts err in finding that the Prosecutor did not violate Napue v. Illinois, 360 U.S. 264 (1959) when the Prosecutor argued to … |
| 21-6499 |
Henry Pratt v. Pennsylvania |
Pennsylvania |
2021-12-03 |
Denied |
Response WaivedIFP |
bias civil-litigation civil-procedure evidence evidence-admissibility insurance-bias motive restitution restitution-claim settlement-agreement trial-court-discretion |
Whether the trial court erred by precluding the use of a civil settlement agreement between the parties, which was admissible to show the defendant's … |
| 21-6503 |
Pradeep Gupte v. University of Connecticut |
Second Circuit |
2021-12-03 |
Denied |
Response WaivedIFP |
appellate-review child-pornography civil-procedure civil-rights constitutional-challenge criminal-procedure criminal-statute due-process federal-criminal-law federal-jurisdiction standing statutory-interpretation |
Whether the petitioner's constitutional rights were violated |
| 21-6510 |
Luis Solis-Vasquez v. United States |
First Circuit |
2021-12-03 |
Denied |
Response WaivedIFP |
crime-of-violence criminal-procedure due-process elements-of-offense federal-statute jury-determination jury-instructions mandatory-victim-restitution RICO rico-offense state-law state-law-predicates |
Whether state law RICO predicates are elements of a RICO offense that must be found by the jury |
| 21-6489 |
Edward F. Swanson v. Texas |
Texas |
2021-12-02 |
Denied |
IFP |
constitutional-challenge criminal-procedure double-jeopardy due-process indictment judicial-discretion jury-trial preponderance-standard sentencing statutory-scheme |
Does the trial judge have the authority to make the charge a first degree felony? |
| 21-6491 |
Lucas Montagne v. United States |
Eighth Circuit |
2021-12-02 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-law criminal-procedure exception illegal-sentence invited-error judicial-procedure legal-error sentencing |
Should an exception to the doctrine of invited error be recognized in a case in which an illegal sentence is imposed? |
| 21-6492 |
Jaime Galvez v. William Muniz, Warden |
Ninth Circuit |
2021-12-02 |
Denied |
IFP |
criminal-procedure defendant-rights directed-verdict due-process federal-law harmless-error insanity-defense right-to-remain-silent trial-court-error |
Whether a trial court's error of forcing a criminal defendant to testify before hearing all of the prosecution's evidence requires automatic reversal … |
| 21-6493 |
Jarrett Alvin Kinley v. Pennsylvania |
Pennsylvania |
2021-12-02 |
Denied |
IFP |
criminal-procedure due-process false-evidence false-testimony napue-v-illinois napue-violation polygraph polygraph-testimony prosecutorial-misconduct witness-credibility |
Did the Pennsylvania Superior Court's holding conflict with Napue v. Illinois, 360 U.S. 264 (1959) |
| 21-6494 |
Benjamin Robert Cole v. Oklahoma |
Oklahoma |
2021-12-02 |
Denied |
IFP |
criminal-conviction criminal-procedure final-judgments habeas-corpus indian-law mcgirt-v-oklahoma oklahoma-law retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 1408. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced |
| 21-6452 |
Donnell Murray v. United States |
Second Circuit |
2021-12-01 |
Denied |
Response WaivedIFP |
aiding-and-abetting conviction count-one criminal-procedure davis insufficient-evidence jury-instruction predicate-acts racketeering trial-errors |
Whether Murray's conviction on Count One should be reversed due to insufficient evidence |
| 21-6462 |
Clarence Rozell Goode, Jr. v. Oklahoma |
Oklahoma |
2021-12-01 |
Denied |
IFP |
criminal-conviction criminal-procedure final-judgment habeas-corpus indian-law mcgirt-v-oklahoma oklahoma-law retroactive-application retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced |
| 21-6464 |
John Fitzgerald Hanson v. Oklahoma |
Oklahoma |
2021-12-01 |
Denied |
IFP |
convictions criminal-conviction criminal-procedure final-judgments habeas-corpus indian-law mcgirt-v-oklahoma oklahoma-law retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 14058. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced |
| 21-6465 |
Andrew John Gibson v. United States |
Ninth Circuit |
2021-12-01 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge criminal-procedure due-process non-delegation-doctrine overbreadth sentencing-conditions supervised-release third-party-notification vagueness |
Must federal appellate courts adjudicate direct appeal challenges to the illegality or unconstitutionality of supervised release conditions imposed at… |
| 21-6466 |
Ernest Romond Gibbs, Jr. v. United States |
Eleventh Circuit |
2021-12-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure direct-appeal judicial-discretion pepper-v-united-states post-sentencing-rehabilitation resentencing sentencing sentencing-evidence |
Whether a district court violates Pepper v. United States when it refuses to allow a defendant to proffer evidence of post-sentencing rehabilitation a… |
| 21-6468 |
Joshua Fernandes v. Massachusetts |
Massachusetts |
2021-12-01 |
Denied |
Response WaivedIFP |
age-discrimination constitutional-rights criminal-procedure due-process equal-protection fair-cross-section jury-selection peremptory-challenge race-neutral-reasons |
Whether age is a protected class and whether excluding young potential jurors violates Equal Protection |
| 21-6469 |
Glen Campbell v. J. LaManna |
Second Circuit |
2021-12-01 |
Denied |
IFP |
cause-and-prejudice constitutional-claims counsel-ineffectiveness criminal-procedure evidentiary-hearing prosecutorial-misconduct sixth-amendment |
Whether the District Court overlooked Constitutional Claims and Cause and Prejudice |
| 21-6470 |
Michael George Kogianes v. Edward Jensen, et al. |
Ninth Circuit |
2021-12-01 |
Denied |
Relisted (2)IFP |
administrative-law criminal-procedure due-process federal-court federal-rights state-court |
Did the state violate the federal due process rights of my petitioner by sanctioning the proper format accepted by the court to deny a sub-trial based… |
| 21-6481 |
General Grant Wilson v. Wisconsin |
Wisconsin |
2021-12-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel prejudice standing third-party-perpetrator wisconsin-law |
Whether the limitations that Wisconsin places on a criminal defendant seeking to introduce evidence are consistent with the Due Process Clause |
| 21-6487 |
Lisa Marie Cano v. United States |
Ninth Circuit |
2021-12-01 |
Denied |
Response WaivedIFP |
burden-of-proof civil-procedure court-of-appeal court-of-appeals evidence historical-facts inevitable-discovery investigating-officer investigation verification |
Whether a court of appeal's inference regarding the future course of an investigation, unsupported by testimony from the investigating officer or by e… |
| 21-6436 |
Korey Stewart v. United States |
Second Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process fourth-amendment probable-cause search-and-seizure speedy-trial |
Whether a reasonable law enforcement officer could have concluded that the evidence provided to the agents of the Drug Enforcement Administration cons… |
| 21-6439 |
John Joseph Rushinsky, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-law criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel prejudice strickland-standard |
May the state, consistent with Due Process, criminalize innocent behavior? |
| 21-6441 |
Sonny Scott v. United States |
Fifth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
4th-amendment attorney-performance constitutional-rights criminal-procedure ineffective-assistance-of-counsel motion-to-suppress search-and-seizure strickland-standard strickland-v-washington warrantless-search |
Was counsel's refusal to file a meritorious, dispositive motion to suppress the fruits of a warrantless search unreasonable under Strickland v. Washin… |
| 21-6448 |
Joseph D. Brown v. United States |
Sixth Circuit |
2021-11-30 |
GVR |
Relisted (4)IFP |
acca career-criminal-act criminal-law criminal-procedure occasions-different occasions-test sentencing sentencing-enhancement statutory-interpretation temporal-analysis |
Should the courts employ a purely temporal approach or a 'totality of the circumstances' test when interpreting the Career Criminal Act's phrase, 'com… |
| 21-6449 |
Pizarro Thomas v. United States |
Fifth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
4th-amendment criminal-conduct criminal-procedure fourth-amendment law-enforcement-conduct police-policy reasonable-suspicion terry-stop terry-v-ohio warrantless-seizure |
Was there reasonable suspicion for Terry stop? |
| 21-6450 |
Steven Zinnel v. United States |
Ninth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure gall-v-united-states jury-determination sentencing sentencing-enhancement sentencing-guidelines sixth-amendment substantive-reasonableness substantive-unreasonableness |
Whether any fact that increases the penalty to which a defendant is exposed constitutes an element of a crime that must be found by a jury, not a judg… |
| 21-6457 |
Ervin Anibar Lopez-Ordonez v. United States |
Fifth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
appellate-procedure certiorari constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-review precedent sentencing supreme-court supreme-court-precedent |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 21-6459 |
Daniel Lowell v. United States |
Tenth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
18-usc-1(a) carjacking criminal-procedure criminal-statute defendant-burden federal-criminal-law felony-murder-rule legal-standard temporary-safety |
When applying the felony murder rule under 18 U.S.C. § 1(a) to the crime of carjacking, what must a defendant show to establish that he has reached a … |
| 21-6460 |
Truman Jones v. United States |
Third Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
criminal-procedure dismissal-with-prejudice due-process judicial-discretion prejudice remand sixth-amendment speedy-trial speedy-trial-act statutory-interpretation |
Whether the district court's refusal to accurately compute the extent of a Speedy-Trial-Act violation and to consider the government's district-wide i… |
| 21-6463 |
William Martin Cresham v. California |
California |
2021-11-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure domestic-violence due-process evidence evidence-law prior-acts propensity propensity-evidence |
Whether the admission of prior acts of domestic violence to establish the petitioner's propensity to commit such crimes violated his right to due proc… |
| 21-793 |
Pennsylvania v. William Henry Cosby, Jr. |
Pennsylvania |
2021-11-30 |
Denied |
|
14th-amendment criminal-charges criminal-procedure double-jeopardy due-process fourteenth-amendment immunity immunity-promise press-release prosecutorial-discretion |
Whether a public press release grants a defendant transactional immunity |
| 21-6431 |
Vegas D. Smith v. United States |
Fourth Circuit |
2021-11-29 |
Denied |
IFP |
abuse-of-discretion appeals appellate-review career-offender criminal-procedure explanation judicial-discretion procedural-error record sentencing sentencing-modification statutory-interpretation |
Did the Court of Appeals for the Fourth Circuit commit error when it affirmed the District Court's decision to deny petitioner's motion filed under 18… |
| 21-6432 |
James Chandler Ryder v. Oklahoma |
Oklahoma |
2021-11-29 |
Denied |
IFP |
criminal-conviction criminal-procedure final-judgments habeas-corpus indian-law mcgirt-v-oklahoma oklahoma-law retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 1408. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced |
| 21-6433 |
Jaimian Rashaad Sims v. United States |
Fifth Circuit |
2021-11-29 |
Denied |
Response WaivedIFP |
administration-of-justice beyond-reasonable-doubt criminal-procedure due-process federal-criminal-cases fifth-circuit-review jury-conviction sex-trafficking standard-of-review sufficiency-of-evidence |
Whether the appeals court conducted an adequate review of the district court's denial of a judgment of acquittal and the jury's decision to convict ba… |
| 21-6434 |
Robert Alan Fratta v. Texas |
Texas |
2021-11-29 |
Denied |
IFP |
aiding-and-abetting constitutional-violation criminal-procedure due-process habeas-corpus indictment jury-charge jury-instructions law-of-parties |
Can a law of parties (or aiding and abetting) be added to a jury charge when a person is indicted as the only actor to commit an offense? |
| 21-6440 |
Jemaine Monteil Cannon v. Oklahoma |
Oklahoma |
2021-11-29 |
Dismissed |
IFP |
criminal-conviction criminal-procedure final-judgment final-judgments habeas-corpus indian-law judicial-interpretation McGirt-precedent mcgirt-v-oklahoma procedural-law retroactivity |
Whether McGirt v. Oklahoma, 1408. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced |
| 21-6442 |
Armando Cardon-Cortez, aka Vatto v. United States |
Eleventh Circuit |
2021-11-29 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction |
Ineffective assistance of counsel |
| 21-6443 |
Shaun Michael Bosse v. Oklahoma |
Oklahoma |
2021-11-29 |
Denied |
IFP |
criminal-conviction criminal-procedure final-judgment final-judgments habeas-corpus indian-law judicial-interpretation McGirt-precedent mcgirt-v-oklahoma procedural-law retroactivity |
Whether McGirt v. Oklahoma, 1408. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced |
| 21-6402 |
Nyambui Joe Gipson v. United States |
Fifth Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process miscarriage-of-justice plea-agreements sentencing waivers-of-appeal |
Whether this Court should recognize a 'miscarriage of justice' exception to waivers of appeal in plea agreements? |
| 21-6404 |
Ngoc Hong Nguyen v. United States |
Fifth Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment parole sentencing sixth-amendment |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-6405 |
Ashley McArthur v. Florida |
Florida |
2021-11-24 |
Denied |
IFP |
5th-amendment 6th-amendment criminal-procedure custodial-interrogation due-process fifth-amendment involuntary-confession law-enforcement miranda-rights self-incrimination waiver-of-rights |
Whether a law enforcement officer's violation of a defendant's rights set forth in Miranda v. Arizona, 384 U.S. 436 (1966), renders a subsequent waive… |
| 21-6408 |
James A. Harnage v. Janine Brennan, et al. |
Second Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
administrative-law civil-rights constitutional-interpretation contract criminal-procedure defendant-rights due-process judicial-discretion plea-agreement settlement-agreement state-action |
Whether a state violates the express terms of a settlement agreement by refusing to affirm the decision maker of their authority to grant approvals th… |
| 21-6409 |
Stephen Harmer v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
attorney automatic-reversal conflict-of-interest criminal-procedure defendant due-process holloway-doctrine ineffective-assistance judicial-inquiry sixth-amendment trial-judge |
Does Holloway demand automatic reversal when a trial judge fails to inquire into a known conflict that a defendant could not object to because his att… |
| 21-6412 |
Rebecca Stampe v. United States |
Sixth Circuit |
2021-11-24 |
GVR |
IFP |
brady-disclosure criminal-procedure due-process evidence-review government-disclosure in-camera-review materiality materiality-standard prosecutorial-discretion |
Can the district court, consistent with Brady and its progeny, refuse in camera review of evidence that is plausibly subject to disclosure under Brady… |
| 21-6419 |
Roberto Aguilar-Hernandez v. United States |
Fifth Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6425 |
Maycol Mendez-Maradiaga v. United States |
Eleventh Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
criminal-procedure drug-activity entrapment government-inducement inconsistent-verdicts jury-verdicts predisposition prior-experience willing-participant |
Whether the government must show predisposition at the time of inducement in an entrapment case |
| 21-6429 |
Randall T. Deviney v. Florida |
Florida |
2021-11-24 |
Denied |
IFP |
aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing criminal-procedure due-process eighth-amendment fourteenth-amendment functional-elements hurst-v-florida ring-v-arizona |
Whether the Due Process Clause requires additional determinations under Florida's capital sentencing scheme to be made beyond a reasonable doubt |
| 21-780 |
Ewin Oscar Martinez v. United States |
Eleventh Circuit |
2021-11-24 |
Denied |
Response Waived |
18-usc-2119 actual-innocence carjacking carjacking-statute crime-of-violence criminal-procedure habeas-corpus procedural-default residual-clause |
Whether a person violates the federal carjacking statute, 18 U.S.C. § 2119, by taking a motor vehicle not in the presence of its owner and without any… |
| 21-764 |
Patrick Huff v. Florida |
Florida |
2021-11-23 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
constitutional-rights courtroom-closure criminal-procedure first-amendment public-access sixth-amendment trial-procedure waller-analysis waller-v-georgia |
Whether trial courts may close a courtroom pursuant to a closure statute without undertaking the Waller analysis |
| 21-6357 |
Kenneth Roshaun Reid v. United States |
Fourth Circuit |
2021-11-23 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process fair-sentencing-act federal-sentencing habeas-corpus ineffective-counsel jurisdiction procedural-default retroactivity sentencing |
Whether the district court erred in denying Mr. Reid a fair hearing for resentencing and failing to bring him back to court for the application of the… |
| 21-6379 |
Keith R. Gomez v. Ron Haynes, Superintendent, Stafford Creek Corrections Center |
Ninth Circuit |
2021-11-23 |
Denied |
Response WaivedIFP |
appeal civil-rights constitutional-rights criminal-procedure due-process habeas-corpus judicial-review legal-remedy sentencing state-court substantive-rights |
Whether Petitioner had a Constitutional right to be informed and/or Notified of 'right to appeal' after erroneously being sentenced, via 'corrected or… |
| 21-6382 |
Askia Mustafa Raheem v. Benjamin Ford, Warden |
Eleventh Circuit |
2021-11-23 |
Denied |
IFP |
brain-damage cause-and-prejudice criminal-procedure evidentiary-hearing habeas-corpus incompetency plain-error seizure-disorder |
Whether the lower courts violated this Court's incompetency and 'right to evidentiary hearing' habeas law |
| 21-6387 |
Richard Barry Randolph v. Florida |
Florida |
2021-11-23 |
Denied |
IFP |
apprendi-v-new-jersey capital-sentencing constitutional-interpretation criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment retroactive-law statutory-construction |
Whether the Florida Supreme Court's decision in Hurst v. State constitutes statutory construction of substantive law, and if so, whether the Due Proce… |
| 21-6390 |
Marcial Carrillo-Serna v. United States |
Ninth Circuit |
2021-11-23 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court-error guidelines-calculation molina-martinez-v-united-states ninth-circuit ninth-circuit-review plain-error plain-error-review prejudice sentencing-guidelines substantial-rights |
When the district court fails to calculate the guideline range at sentencing, whether the defendant may rely on the district court's error alone to sh… |
| 21-6391 |
Hai A. Duong v. Darryl Vannoy, Warden |
Louisiana |
2021-11-23 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process jury-unanimity legislative-amendment non-unanimous-verdict sixth-amendment statutory-interpretation |
Can Louisiana's 1997 and 1998 legislative amendments to La. R.S. 14:42 (C) and (D) qualify, absent a constitutional amendment, as the attendant provis… |
| 21-6396 |
Tamara Jeune v. United States |
Eleventh Circuit |
2021-11-23 |
Dismissed |
IFP |
circuit-court-conflict circuit-split criminal-procedure criminal-propensity evidence-admissibility federal-rules-of-evidence prejudice prior-bad-acts probative-value propensity-evidence |
How are the courts to properly apply Fed. R. Evid. 404(b)? |
| 21-6346 |
Jason W. Reed v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sexual-predator sexual-predator-designation strickland-standard strickland-v-washington |
Whether counsel's admitted misadvice regarding Petitioner's designation as a sexual predator and the resulting lifetime supervision amounted to gross … |
| 21-6347 |
Justin Dwight Sholley-Gonzalez v. United States |
Eighth Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process intimate-partner-violence plain-error rehaif-error restraining-order second-amendment statutory-interpretation |
Whether a new trial based on plain Rehaif v. United States error is required |
| 21-6348 |
Rafael Ramiro-Medina v. United States |
Ninth Circuit |
2021-11-22 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review batson-challenge criminal-procedure discriminatory-intent equal-protection fact-finding jury-selection procedural-error racial-discrimination standard-of-review |
Whether a federal court of appeals can conduct appellate fact-finding and resolve the factual question of discriminatory intent under Batson v. Kentuc… |
| 21-6363 |
Diane Arellano v. Jeremy Howard, Warden |
Sixth Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review civil-rights constitutional-violation criminal-procedure cumulative-effect-of-error due-process effective-assistance-of-counsel ineffective-counsel miranda-rights sixth-amendment |
Does it violate her right to a speedy trial |
| 21-6366 |
Juan Alberto Ceron-Ortiz v. United States |
Fifth Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process jury-trial recidivism sentencing |
Whether the Court should overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998) |
| 21-6367 |
Dacoby Reshard Wooten v. Florida |
Florida |
2021-11-22 |
Denied |
Response WaivedIFP |
alternative-theories criminal-procedure felony-murder first-degree-murder jury-unanimity premeditated-murder sixth-amendment |
Whether the Sixth Amendment requires jury unanimity as to whether a defendant committed premeditated murder or felony murder when the state proceeds o… |
| 21-6369 |
Jeremy Denson v. Texas |
Texas |
2021-11-22 |
Denied |
Response WaivedIFP |
boykin-standard boykin-v-alabama constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion judicial-oversight plea-bargaining plea-canvass record-development |
Did the judge err in accepting the defendant's guilty plea without asking him about the contradictory statements? |
| 21-6370 |
Omil Cotto, aka Omil Gomez, aka Omil Alfredo Gomez v. United States |
Tenth Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
4th-amendment cell-phone-seizure cellphones criminal-procedure fourth-amendment overbreadth probable-cause road-rage search-and-seizure search-warrant warrant warrant-overbreadth |
Whether the search warrant was constitutionally overbroad in authorizing the seizure of 'any cellphones' in the house when officers had no reason to b… |
| 21-759 |
WeBuildTheWall, Inc. v. United States |
Second Circuit |
2021-11-22 |
Dismissed |
|
appeal appellate-jurisdiction asset-forfeiture asset-restraint criminal-procedure due-process ex-parte-order forfeiture-statute injunction standing |
Can a non-party whose assets were restrained by a District Judge presiding over a criminal case, and who was blocked from a timely opportunity to be h… |
| 21-750 |
Jasper Knabb v. United States |
Ninth Circuit |
2021-11-19 |
Denied |
Response Waived |
28-usc-2255 criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing sentencing-guidelines |
Whether petitioner received ineffective assistance of counsel |
| 21-6338 |
Danquan A. Fanning v. United States |
Fourth Circuit |
2021-11-19 |
Denied |
Response WaivedIFP |
article-iii article-iii-authority article-iv-court constitutional-authority court-judgment criminal-procedure due-process judicial-jurisdiction jurisdiction legal-usurpation territorial-court |
Whether the United States District Court, as an Article IV Territorial Court, illegally usurped Article III Constitutional Authority and illegally ent… |
| 21-6340 |
Troy Wayne Harmon v. Texas |
Texas |
2021-11-19 |
Denied |
IFP |
constitutional-rights court-of-appeals criminal-procedure evidence evidence-rules fourteenth-amendment inconsistent-opinion informant-privilege material-witness sixth-amendment |
Whether the trial court's refusal to allow the petitioner to call a material witness violated the petitioner's Sixth Amendment and Fourteenth Amendmen… |
| 21-6349 |
Victor Hurns v. Mississippi |
Mississippi |
2021-11-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure double-jeopardy due-process fifth-amendment judicial-acquittal judicial-review legal-procedure newly-discovered-evidence statutory-interpretation |
Whether the denial of petitioners' request for a new trial based on newly discovered evidence violates the Due Process Clause of the Fourteenth Amendm… |
| 21-6350 |
Michael J. Greene v. Shelby Searls, Superintendent, Huttonsville Correctional Center |
Fourth Circuit |
2021-11-19 |
Denied |
IFP |
constitutional-law criminal-procedure custody due-process plea-agreement sentencing |
Whether the petitioner's plea agreement was unfulfilled, and whether the petitioner should have been granted custody or release due to the unfulfilled… |
| 21-6356 |
Felipe Nieves-Perez v. Texas |
Texas |
2021-11-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process eighth-amendment indictment life-sentence motion-to-quash right-to-due-process trial-court |
Did the trial court violate Mr. Nieves-Perez's right to due process by denying his motion to quash the indictment? |
| 21-6361 |
Marcus Crawley, aka Holyfield v. United States |
Fourth Circuit |
2021-11-19 |
Denied |
Response WaivedIFP |
constitutional-vagueness criminal-procedure davis-v-united-states due-process judicial-review plea-agreement plea-bargaining sentencing sixth-amendment statutory-interpretation |
Whether a reviewing court may search plea documents for evidence of another predicate to sustain a § 924(c) conviction when that predicate was not pro… |
| 21-6321 |
Fernando Rodriguez-Macedo v. United States |
Fifth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6324 |
Jesus Alfredo Ramirez v. United States |
Ninth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
4th-amendment civil-procedure communication-interception criminal-procedure district-court evidence-suppression probable-cause title-iii wiretap |
Whether the district court erred in authorizing a wiretap of Petitioner's communications under Title III and in failing to suppress the evidence inter… |
| 21-6328 |
Scottie D. Allen v. Florida |
Florida |
2021-11-18 |
Denied |
IFP |
capital-sentencing criminal-procedure due-process eighth-amendment jury-instructions reasonable-doubt sentencing standard-of-proof |
Whether the Florida Supreme Court's rejection of Petitioner's claim of error based on the jury being affirmatively misinformed about its role in the s… |
| 21-6331 |
Byron White v. Oklahoma |
Oklahoma |
2021-11-18 |
Denied |
IFP |
collateral-review criminal-procedure due-process jurisdiction mcgirt-decision post-conviction-relief procedural-defenses retroactivity subject-matter-jurisdiction teague-exception tribal-sovereignty |
Whether respondent waived/forfeited any of its procedural defenses |
| 21-6335 |
Chi Mak v. United States |
Ninth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure judicial-review sentencing sentencing-discretion sentencing-factors statutory-factors statutory-interpretation |
Whether the district court abused its discretion and acted unreasonably in denying Mak's motion for compassionate release |
| 21-6336 |
Darrin Lashaon Betts v. United States |
Fifth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
18-usc-3582 21-usc-841(a)(1)-(b)(1)(a) amendment-782 criminal-procedure fed-r-crim-p-11(c)(1)(c) fifth-amendment fourteenth-amendment plea-agreement sentencing-guidelines statutory-law type-c-agreement |
Whether a defendant is eligible for 18 U.S.C. § 3582(c)(1)(2) relief |
| 21-740 |
Richard E. Paulus, M.D. v. United States |
Sixth Circuit |
2021-11-18 |
Denied |
|
appellate-jurisdiction criminal-procedure double-jeopardy due-process ethical-violations fraud-upon-court fraud-upon-the-court government-misconduct |
Did the Sixth Circuit err in ruling it lacked jurisdiction to consider allegations of fraud upon the court and due process violations in evaluating a … |
| 21-734 |
Oklahoma v. Justin Dale Little |
Oklahoma |
2021-11-17 |
Denied |
Amici (1) |
criminal-appellate-review criminal-procedure federal-indian-law federalism jurisdictional-challenge mcgirt-precedent native-american-rights native-american-sovereignty oklahoma-criminal-law stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-6285 |
Gary Hughbanks v. Tim Shoop, Warden |
Sixth Circuit |
2021-11-17 |
Denied |
IFP |
admissibility-of-evidence appellate-review brady-materiality brady-v-maryland confession-evidence criminal-procedure due-process materiality-analysis sixth-circuit suppressed-evidence |
Are another individual's repeated statements confessing to the murders for which the defendant is on trial material for purpose of assessing the impac… |
| 21-6286 |
Patrick Lawrence Henderson v. United States |
Ninth Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
apprendi-rule criminal-procedure due-process jury-determination jury-trial reasonable-doubt revocation-sentence sentencing sentencing-guidelines statutory-maximum |
Whether Henderson's revocation sentence violates Apprendi and its progeny |
| 21-6307 |
Donald James Smith v. Florida |
Florida |
2021-11-17 |
Denied |
IFP |
capital-case capital-punishment criminal-procedure due-process eighth-amendment fair-trial penalty-phase prosecutorial-misconduct sixth-amendment victim-impact |
Was petitioner's right to a fair 'penalty phase' trial violated when the prosecutor told the jurors, during closing arguments in the guilt phase, that… |
| 21-6320 |
Devon Carl Jordan-McFeely v. United States |
Ninth Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
ambiguous-statute criminal-procedure divisibility divisibility-inquiry federal-court federal-sentencing-enhancement sentencing-enhancement state-court state-law state-law-interpretation statutory-ambiguity supreme-court-precedent |
Whether a federal court may certify the divisibility inquiry to state court and rely on the newly created judicial interpretation of state law to enha… |
| 21-6322 |
Gustavo Trejo-Ramos v. United States |
Fifth Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6323 |
D'Arde Lee Williams v. United States |
Fifth Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
criminal-procedure escape halfway-house plain-error sentencing u.s.s.g.-2p1.1 |
Whether the court of appeals failed to properly apply the plain error analysis to the question of whether the sentencing court erred by failing to gra… |
| 21-6275 |
David Wayne Dooley v. Kentucky |
Kentucky |
2021-11-16 |
Denied |
Response WaivedIFP |
arizona-v-youngblood burden-of-proof civil-procedure confrontation-rights criminal-defendant criminal-procedure due-process evidence evidence-spoliation separation-of-witnesses state-action |
Is Due Process violated when a criminal defendant must bear the burden of showing bad faith in order to be entitled to a missing evidence instruction,… |
| 21-6288 |
Tina L. Wagoner v. New York |
New York |
2021-11-16 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process jurisdiction standing |
Whether the tactical evolution of trial court unconstitutional application of law to facts, the lack of jurisdiction, and the administration of federa… |
| 21-6294 |
Robert Michael Junkins v. United States |
Fourth Circuit |
2021-11-16 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure drug-evidence drug-sentencing illegal-search motion-to-suppress search-and-seizure sentencing sentencing-guidelines vehicle-search |
Whether the district court erred in denying Junkins' motion to suppress evidence |
| 21-6297 |
Henry Cervantes and Jaime Cervantes v. United States |
Ninth Circuit |
2021-11-16 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing federal-statute jury-trial obstruction-of-justice official-proceeding sentencing sixth-amendment statutory-interpretation |
Whether the federal obstruction of justice statute, 18 U.S.C. §1512(c)(2) (obstruction of an official proceeding), can be applied to street level crim… |
| 21-6298 |
Ronald David McCalister, Jr. v. United States |
Fifth Circuit |
2021-11-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process miscarriage-of-justice plea-agreements sentencing waivers-of-appeal |
Whether this Court should recognize a 'miscarriage of justice' exception to waivers of appeal in plea agreements? |
| 21-6300 |
Ricky Cardenas v. United States |
Fifth Circuit |
2021-11-16 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure criminal-sentencing due-process judicial-procedure objection-standard presentence-report sentencing unjust-incarceration |
Whether the defendant bears a burden to disprove adverse conclusions of a Presentence Report? |
| 21-6301 |
Travis Wayne Bentley v. Oklahoma |
Oklahoma |
2021-11-16 |
Denied |
IFP |
criminal-procedure due-process evidentiary-hearing expert-witnesses fourteenth-amendment indian-federal-law indigenous-rights indigent-legal-counsel post-conviction-relief tribal-jurisdiction |
Did the Oklahoma Court of Criminal Appeals violate Mr. Bentley's Fourteenth Amendment right to Due Process? |
| 21-6302 |
Juan Alvarado-Gonzalez v. Illinois |
Illinois |
2021-11-16 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection first-amendment free-speech government-action immigration language-access public-officials retaliation |
How long Person From Guatemala Central America Denied Motion to withdraw Guilty Plea and Vacated the Sentenced |
| 21-6305 |
Eric Volk v. State Bar of California |
California |
2021-11-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights digital-evidence disciplinary-proceedings due-process evidence fourth-amendment law-enforcement legal-representation professional-conduct search-and-seizure warrant-requirement |
Can The Spate bar of CAIIFOCWA cJos2 . a Complaint an my BHerreo Ms. Lance Brown, Where rules ef profcfsyone| Condect, dnd ng Ave proces Whrk Ve oat l… |
| 21-728 |
Pedro Dino Cedado Nuñez, et al. v. United States |
Eleventh Circuit |
2021-11-16 |
Denied |
|
circuit-split criminal-procedure customary-international-law drug-enforcement international-law jurisdiction jurisdictional-test maritime-drug-law maritime-law statutory-interpretation vessel-nationality |
Whether the three ways to identify nationless vessels enumerated in 46 U.S.C. § 70502(d)(1) are exhaustive |
| 21-705 |
Oklahoma v. Ted Roosevelt Yargee |
Oklahoma |
2021-11-15 |
Denied |
Amici (1) |
civil-rights criminal-appellate-review criminal-procedure due-process federalism jurisdictional-challenge mcgirt-precedent native-american-law native-american-sovereignty oklahoma-criminal-law standing tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled |
| 21-6264 |
Marion Katrell Campbell v. United States |
Fourth Circuit |
2021-11-15 |
Denied |
Response WaivedIFP |
district-court-discretion due-process evidence evidence-admissibility federal-rules-of-evidence rule-404(b) rule-404b rule-702 trial-procedure |
Whether the district court improperly allowed Federal Rule of Evidence 404(b) & 702 in petitioner's trial |
| 21-6268 |
Cesar Martinez v. United States |
First Circuit |
2021-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-acquittal sentencing-enhancement sixth-amendment trial-by-jury |
Whether basing a criminal defendant's sentence on conduct underlying a charge for which the jury acquitted him violates his rights to due process and … |
| 21-6269 |
Johnathan Dewayne Mitchell v. United States |
Eighth Circuit |
2021-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights competency criminal-procedure defendant-rights due-process forcible-medication judicial-authority medical-intervention medication mental-health |
Whether district courts have authority to order forcible medication of competent defendants |
| 21-6271 |
Austin Myers v. Ohio |
Ohio |
2021-11-15 |
Denied |
IFP |
access-to-courts criminal-procedure death-penalty discovery due-process eighth-amendment fourteenth-amendment ineffective-assistance-of-counsel postconviction postconviction-relief summary-dismissal |
Whether the Ohio state courts deny a death-sentenced postconviction petitioner's rights to due process, access to the Ohio courts, and an adequate cor… |
| 21-6233 |
Joe Lenard Rodriguez v. United States |
Eighth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-to-distribute criminal-law criminal-procedure drug-trafficking due-process evidence evidence-sufficiency jury-trial methamphetamine |
Did the courts below err in convicting the Petitioner of Conspiracy to Distribute Methamphetamine? |
| 21-6252 |
Ryder Shane Altman v. United States |
Fifth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
appellate-procedure collateral-appeal collateral-review criminal-defendants criminal-procedure fact-finding ineffective-assistance ineffective-assistance-of-counsel pro-se |
Whether federal criminal defendants presenting substantial claims of ineffective assistance of counsel should receive the benefit of additional fact-f… |
| 21-6253 |
Baltazar Aguirre-Rivera v. United States |
Fifth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment jury-trial mandatory-minimum sentencing sixth-amendment special-interrogatory |
When a jury's answer to a special interrogatory negates an element of the charged offense, must a district court enter a judgment of acquittal when th… |
| 21-6255 |
Ofelio Arvizu-Loredo v. United States |
Fifth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6256 |
Macario Andrew Gomez, Jr. v. United States |
Fifth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process federal-sentencing jury-determination jury-trial reasonable-doubt sentencing sentencing-guidelines |
Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 21-6258 |
Ramiro Romero v. Texas |
Texas |
2021-11-12 |
Denied |
IFP |
andrus-v-texas appellate-review civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel investigation strickland strickland-standard |
Whether an attorney's failure to interview a defendant's requested witnesses due to a mistaken assumption of adversity constitutes a deficient investi… |
| 21-6229 |
Kyle Shirakawa Handley v. California |
California |
2021-11-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi charging-document criminal-procedure due-process notice notice-requirements sentencing-enhancement sentencing-enhancements sixth-amendment |
Whether the 1936 rule set forth in People v Britton, 6 Cal.2d 1 violates Apprendi, Alleyne and the notice requirements of the Sixth Amendment |
| 21-6230 |
In Re Billy John Roberson |
|
2021-11-10 |
Denied |
IFP |
2nd-amendment aggravated-assault conflict-of-interest criminal-procedure due-process evidence-sufficiency judicial-conflict jury-instructions penal-code texas-penal-code |
Whether the petitioner was wrongfully convicted of aggravated assault with a deadly weapon despite not owning or having access to a firearm |
| 21-6236 |
L. B. Joseph v. Illinois |
Illinois |
2021-11-10 |
Denied |
IFP |
constitutional-rights conviction-reversal criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance post-conviction-relief reasonable-doubt testimony |
Was the defendant given a fair trial? |
| 21-6241 |
Eric J. Turner v. Richard L. Broch |
Seventh Circuit |
2021-11-10 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process federal-jurisdiction federal-rules-of-evidence habeas-corpus legal-competency mental-competency schizophrenia |
Whether the trial court failed to order a determination of the defendant's schizophrenia? |
| 21-6200 |
Jesus Ruiz v. United States |
Seventh Circuit |
2021-11-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
collateral-review concurrent-sentence-doctrine criminal-law criminal-procedure due-process federal-conviction harmless-error non-concurrent-sentence sentencing |
Whether a conviction carrying a non-concurrent prison sentence for an act the law does not make criminal can ever be considered harmless |
| 21-6201 |
Reginald Kindle v. Florida |
Florida |
2021-11-09 |
Denied |
Response WaivedIFP |
criminal-procedure jury-trial preponderance-of-evidence recidivism sentencing sentencing-enhancement sixth-amendment statutory-maximum |
Whether a sentencing court violates a defendant's Sixth Amendment right to a jury trial when it finds by a preponderance of the evidence that he commi… |
| 21-6215 |
Lawrence Oakie, aka LBJ v. United States |
Eighth Circuit |
2021-11-09 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment |
Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments |
| 21-6211 |
Cubby Wayne Williams v. United States |
Ninth Circuit |
2021-11-08 |
Denied |
Response WaivedIFP |
brain-injury cognitive-deficits criminal-procedure due-process evidence expert-testimony good-faith mens-rea rule-702 traumatic-brain-injury willfulness |
Whether the district court committed reversible error by excluding expert evidence of the defendant's traumatic brain injury and its effects on his co… |
| 21-6217 |
Alberto Grajales v. United States |
Eleventh Circuit |
2021-11-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-vagueness criminal-conviction criminal-procedure due-process general-verdict harmless-error judicial-review residual-clause sentencing statutory-interpretation |
Whether a general verdict that was obtained in reliance on the unconstitutionally vague residual clause in 18 U.S.C. § 924(c)(8)(B) may be sustained b… |
| 21-679 |
Tim Shoop, Warden v. August Cassano |
Sixth Circuit |
2021-11-08 |
Denied |
Relisted (14) |
aedpa criminal-procedure habeas-corpus pro-se-representation right-to-counsel right-to-self-representation sixth-amendment timely-invocation |
Should the Court summarily reverse the Sixth Circuit's award of habeas relief? |
| 21-6195 |
Ronald C. Fairchild v. Kentucky |
Kentucky |
2021-11-05 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment martinez-claim martinez-v-ryan post-conviction-relief sixth-amendment |
Did the Kentucky Court of Appeals allow Mr. Fairchild's rights under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, as… |
| 21-6196 |
I. A. v. Kansas |
Kansas |
2021-11-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal civil-rights constitutional-law criminal-procedure due-process fourteenth-amendment ineffective-assistance legal-representation right-to-appeal standing |
Did I.A. have a Fourteenth Amendment right to be informed of his right to appeal? |
| 21-6204 |
Antonio A. Tankes v. Florida |
Florida |
2021-11-05 |
Denied |
Response WaivedIFP |
armed-career-criminal-act civil-procedure civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment free-speech retroactive-application sentencing-enhancement standing |
Whether the petitioner should be prohibited from filing pro se pleadings |
| 21-6206 |
Joel Barcelona v. Sergeant Parish, et al. |
Eleventh Circuit |
2021-11-05 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure cruel-unusual-punishment deliberate-indifference due-process eighth-amendment juvenile-sentencing life-threatening life-without-parole medical-treatment refusal-of-care |
Whether the Respondents, Nurse J.M. Chunnu and Nurse M.M. Kelly, exhibited deliberate indifference to Petitioner's life-threatening medical condition … |
| 21-6207 |
Philip Bernard Friend v. United States |
Fourth Circuit |
2021-11-05 |
Denied |
Response WaivedIFP |
appellate-review comparable-cases comparative-sentencing criminal-procedure federal-sentencing-guidelines juvenile-offenders sentencing-disparities sentencing-reasonableness sentencing-review substantive-reasonableness substantive-review |
Whether an appellate court reviewing a sentence for substantive reasonableness should consider, when presented, a comparison between the instant case … |
| 21-6208 |
Daliang Guo v. United States |
Ninth Circuit |
2021-11-05 |
Denied |
Response WaivedIFP |
control-over-others criminal-procedure criminal-scheme criminal-sentencing leader-enhancement leadership-role ninth-circuit participant-control role-model sentencing-guidelines |
Whether a defendant who took part in a criminal scheme with multiple participants is properly subject to the leader/organizer enhancement at USSG § 3B… |
| 21-6209 |
Angelo Cobbins v. Illinois |
Illinois |
2021-11-05 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-assistance evidence-suppression intellectual-capacity motion-to-suppress right-to-counsel trial-court waiver |
Whether the ruling on the Motion to Suppress was error as it was demonstrated the Petitioner did not possess the intellectual capacity to waive his Cu… |
| 21-6175 |
Shaun Short v. United States |
Eighth Circuit |
2021-11-04 |
Denied |
Response WaivedIFP |
4th-amendment automobile-exception criminal-procedure disabled-car franks-hearing parked-car probable-cause search-and-seizure warrant-requirement |
Does the automobile exception to the warrant requirement extend to a parked and disabled car, or is it limited to its original justifications? |
| 21-6182 |
Erick Argueta Larios v. United States |
First Circuit |
2021-11-04 |
Denied |
Response WaivedIFP |
clear-and-convincing-evidence criminal-procedure due-process federal-district-court relevant-conduct sentencing sentencing-enhancement |
Whether a federal district court may use relevant conduct not proven by clear and convincing evidence to disproportionately raise a defendant's senten… |
| 21-6186 |
Faruq Rose v. United States |
Fourth Circuit |
2021-11-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-court-of-appeals constitutional-rights criminal-procedure fourth-amendment reasonable-expectation-of-privacy search-and-seizure warrantless-search |
Whether the majority opinion of the United States Fourth Circuit Court of Appeals, which held that the petitioner had no reasonable expectation of pri… |
| 21-6188 |
Johnathan Andrew Doody v. Arizona |
Arizona |
2021-11-04 |
Denied |
Response WaivedIFP |
attorney-withdrawal coercion constitutional-rights criminal-procedure ineffective-assistance involuntary-confession right-to-testify |
Whether Doody was denied his right to testify |
| 21-6193 |
In Re Roy Allen Nichols |
|
2021-11-04 |
Denied |
IFP |
commerce-clause constitutional-jurisdiction constitutional-law criminal-procedure due-process federal-criminal-power habeas-corpus prejudice recurrent-issues sixth-circuit territorial-limits |
Whether the inferior district court and the Court of Appeals for the Sixth Circuit prejudicially blocked the Petitioner's due-process rights due to th… |
| 21-6142 |
John Gregory Alexander Herrin v. United States |
Ninth Circuit |
2021-11-03 |
Denied |
Response WaivedIFP |
bank-theft criminal-procedure double-jeopardy due-process federal-indictment indictment interstate-transportation jurisdiction money-laundering statute-of-limitations |
Whether the government was entitled to establish petitioner's guilt at trial for federal offenses it did indict by trial proof on a federal offense it… |
| 21-6154 |
Shawn Ford v. United States |
Sixth Circuit |
2021-11-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment apparent-authority consent-to-search criminal-procedure fourth-amendment reasonable-belief residence search-and-seizure third-party-consent |
Whether a third party's apparent authority to consent to a search of a criminal suspect's residence requires that the police reasonably believe that t… |
| 21-6156 |
Vilasini Ganesh v. United States |
Ninth Circuit |
2021-11-03 |
Denied |
Amici (1)Response WaivedIFP |
calendar-management conflict-of-interest counsel-conflict counsel-substitution criminal-procedure defendant-rights due-process sixth-amendment substitution trial-court-discretion |
Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may deny … |
| 21-6161 |
Adam Rene Rodriguez v. United States |
Fifth Circuit |
2021-11-03 |
Denied |
Response WaivedIFP |
amendment-violation civil-rights constitutional-rights criminal-procedure due-process equal-protection federal-court judicial-review jurisdiction standing statutory-interpretation |
Whether the lower court erred in its interpretation and application of the relevant constitutional and statutory provisions |
| 21-6162 |
Antwain T. Sales v. Tennessee |
Tennessee |
2021-11-03 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure constitutional-interpretation criminal-procedure due-process evidence-sufficiency habeas-corpus judicial-review jurisdiction jurisdictional-authority standing state-courts state-law-interpretation |
Whether the lower courts in Tennessee exceeded the jurisdiction conferred and acted illegally |
| 21-6168 |
Vance L. White v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-11-03 |
Denied |
Relisted (2)IFP |
appellate-review blakely-v-washington constitutional-interpretation constitutional-law criminal-procedure due-process judicial-discretion self-incrimination sentencing sentencing-guidelines |
Did Judge Katsten M. Culney violate the strictures of Blakely v. Washington, 542 U.S. 296 (2004) self-incrimination? |
| 21-6171 |
Carlos Granda v. United States |
Eleventh Circuit |
2021-11-03 |
Denied |
IFP |
18-usc-924c3b circuit-split constitutional-vagueness criminal-procedure harmless-error harmless-error-review johnson-precedent johnson-v-united-states procedural-default |
Whether the Court should resolve the three-way circuit split regarding whether, and under what circumstances, a movant's procedural default may be exc… |
| 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… |
| 21-6135 |
Jesus Ramirez-Barrera v. United States |
Fourth Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
bail community-danger criminal-procedure detention district-court-review due-process extraordinary-reasons judicial-discretion public-safety relief-standard sentencing sentencing-review |
Whether the district court erred in deciding that petitioner has not shown extraordinary and compelling reasons and that he was a danger to the commun… |
| 21-6146 |
Keenan Rollerson v. United States |
Seventh Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment |
Whether a sentencing judge increasing a criminal defendant's punishment for acts charged but acquitted by the jury violates the jury trial guarantee o… |
| 21-6149 |
Domingo Palma v. Massachusetts |
Massachusetts |
2021-11-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment mistrial prosecutorial-misconduct sixth-amendment |
Are the Sixth and Fourteenth Amendments violated by a trial court's refusal to grant a mistrial where a prosecution witness injects groundless, irrele… |
| 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 |
Did the Court of Appeals err in denying a certificate of appealability over trial counsel's potential ineffectiveness in the plead-vs-trial decision? |
| 21-6155 |
Jose Burciaga-Alcantar v. United States |
Fifth Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-646 |
Oklahoma v. Dameon Lamar Leathers |
Oklahoma |
2021-11-02 |
Denied |
Amici (1) |
140 S.Ct. 2452 (2020) should be overruled court-of-criminal-appeals criminal-appellate-review criminal-procedure due-process federalism jurisdictional-challenge mcgirt-precedent native-american-law native-american-rights oklahoma-criminal-law oklahoma-jurisdiction precedent-challenge stare-decisis statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma should be overruled |
| 21-6123 |
Antonio Rene Martinez v. United States |
Ninth Circuit |
2021-11-01 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 sentencing structural-error |
Whether the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflicts with the Six… |
| 21-6127 |
In Re Howard Griffith |
|
2021-11-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights constitutional-law criminal-procedure due-process extraordinary-writ federal-rules habeas-corpus standing statutory-interpretation |
Whether the procedure for seeking habeas corpus relief in the district court was properly preserved for appeal |
| 21-6133 |
Dean Rossi v. United States |
Third Circuit |
2021-11-01 |
Denied |
Response WaivedIFP |
attorney-withdrawal conflict-of-interest criminal-procedure judicial-discretion necessary-witness prosecutorial-discretion right-to-counsel sixth-amendment standard-of-review |
Is a prosecution's claim that a defendant's lawyer is 'likely to be a necessary witness' an 'actual conflict' or 'serious potential conflict' overridi… |
| 21-6137 |
Vassily Anthony Thompson v. United States |
Ninth Circuit |
2021-11-01 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fifth-amendment grand-jury indictment sentencing |
Does it offend the Fifth Amendment right to a grand jury for a court to ignore legally relevant elements of an offense charged by a grand jury in an i… |
| 21-6139 |
Yency Nuñez v. United States |
Eleventh Circuit |
2021-11-01 |
Denied |
IFP |
appellate-procedure article-iii circuit-courts circuit-precedent criminal-procedure due-process jurisdictional-facts maritime-drug-law precedent statutory-interpretation |
Whether proof of jurisdictional facts is an element of an MDLEA offense |
| 21-634 |
Zachariah Brian Wright v. Indiana |
Indiana |
2021-11-01 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
criminal-procedure due-process equivocal-invocation high-penalty-case intelligent-waiver judicial-discretion right-to-counsel right-to-self-representation self-representation sixth-amendment |
Whether a defendant's otherwise clear invocation of his right to represent himself becomes equivocal when he prefers representation by an attorney who… |
| 21-6074 |
Nikolas Gacho v. Illinois |
Illinois |
2021-11-01 |
Denied |
IFP |
criminal-procedure due-process ineffective-assistance plea-admonishment plea-negotiations prejudice sixth-amendment |
Does a plea admonishment cure all prejudice and preclude a defendant from challenging counsel's representation during the plea negotiations process? |
| 21-6111 |
Jonas Ross, III v. United States |
Eighth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
burrage-standard burrage-v-united-states but-for-causation causation circuit-split controlled-substance controlled-substances criminal-law drug-distribution eighth-circuit evidence |
Whether the Eighth Circuit's conclusion that Mr. Ross distributed the controlled substance that resulted in the death of K.P. is in conflict with Burr… |
| 21-6124 |
Saul Contreras-Roman v. United States |
Fifth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6126 |
Jason A. Tobey v. United States |
Ninth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure ineffective-assistance judicial-discretion pretrial-hearing right-to-counsel sixth-amendment trial-continuance |
When a federal criminal defendant's retained counsel has abandoned him, does a court abuse its discretion by prohibiting the defendant from dischargin… |
| 21-6128 |
Tommy Pabellon v. United States |
Fourth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
criminal-procedure first-step-act intervening-changes-in-law intervening-law judicial-review legal-standard lower-court-judgment motion-review petition-for-writ-of-certiorari standard-of-review |
Whether a lower court's failure to apply the proper standard of review effects its judgment in reviewing a petitioner's case based on clear intervenin… |
| 21-6130 |
Brett Allan Corrigan, Jr. v. United States |
Eighth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
appellate-review clear-error criminal-procedure drug-offense firearm sentencing sentencing-guidelines standard-of-review weapon-enhancement |
Whether the district court's finding that a weapon was connected to the drug offense under §2D1.1(b)(1) was clear error |
| 21-6131 |
Jose Alfredo Gonzalez-Mares v. United States |
Fifth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6132 |
Shelton Marbury v. United States |
District of Columbia |
2021-10-29 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process external-influence government-burden jury jury-influence presumption-of-prejudice sixth-amendment |
Whether under the Sixth Amendment, once a defendant has presented evidence that an external influence has reached his jury, a presumption of prejudice… |
| 21-633 |
Gustavo Placancia-Rosendo v. United States |
Fifth Circuit |
2021-10-29 |
Denied |
Response Waived |
acceptance-of-responsibility burden-of-proof criminal-procedure due-process plea-agreement relevant-conduct sentencing standard-of-proof |
Whether the government must meet a heightened standard of proof before claiming a defendant has 'falsely denied' uncharged 'relevant conduct' for purp… |
| 21-6110 |
Richard L. Starghill, II v. United States |
Sixth Circuit |
2021-10-28 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process jury-misconduct prosecutorial-misconduct retrial trial-integrity |
Do multiple mistrials, necessitated by jury misconduct, create a Double Jeopardy bar, preventing a retrial of a criminal defendant? |
| 21-6115 |
Jaime Mayorga v. United States |
Ninth Circuit |
2021-10-28 |
Denied |
Response WaivedIFP |
chapman-v-california criminal-conviction criminal-procedure harmless-error intent-to-defraud jury-instruction jury-instructions ninth-circuit statutory-interpretation united-states-v-neder |
Did the Ninth Circuit's disposition of Petitioner's instructional error claim, which did not examine evidence Petitioner proffered regarding his lack … |
| 21-6122 |
Malek Lassiter v. United States |
Fourth Circuit |
2021-10-28 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure district-court due-process federal-jurisdiction federal-prosecution motion-for-judgment-of-acquittal rico rico-conspiracy sentencing standard-of-review |
Whether the court of appeals erred by affirming the district court's denial of Lassiter's motion for judgment of acquittal on the RICO conspiracy char… |
| 21-623 |
Anthony Penton v. A. Malfi, Warden |
Ninth Circuit |
2021-10-28 |
Denied |
Amici (1)Response Waived |
brady-evidence brady-v-maryland criminal-procedure due-process fifth-amendment prior-convictions prosecutorial-misconduct sentencing-enhancement sixth-amendment suppressed-evidence |
Whether evidence covered by Brady v. Maryland is considered suppressed under the Fifth Amendment regardless of the defendant's knowledge |
| 21-6098 |
Hector Enamorado, aka Vida Loca v. United States |
First Circuit |
2021-10-27 |
Denied |
IFP |
bruton-doctrine bruton-v-united-states codefendant-confession confrontation-clause criminal-procedure evidence multi-defendant-trial multi-defendant-trials rico-conspiracy sixth-amendment |
Whether a confession by codefendant's counsel on behalf of his client during a multi-defendant trial is subject to Bruton v. United States, 391 U.S. 1… |
| 21-6102 |
Anthony B. Williams v. United States |
Eighth Circuit |
2021-10-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment district-court double-jeopardy due-process grand-jury-indictment jury-instructions sentencing |
Whether the absence of a specific unanimity instruction at trial requires the distribution of PCP and occasional quantity counts to be vacated |
| 21-6103 |
Moses D. Estrada v. California |
California |
2021-10-27 |
Denied |
IFP |
attorney-client-relationship collaborative-discovery constitutional-interpretation criminal-procedure due-process ineffective-assistance-of-counsel judicial-procedure legal-interpretation procedural-rights right-to-counsel victim-rights |
Does an accused have a right to effective assistance of counsel when the accused does not collaborate with counsel? |
| 21-6106 |
Ahmed Osman Farah v. United States |
Eighth Circuit |
2021-10-27 |
Denied |
Response WaivedIFP |
arrest-record circuit-split criminal-procedure due-process equal-protection judicial-discretion sentencing-enhancement |
Does a district court violate a defendant's right to due process by enhancing a sentence based on unreliable arrest history, as the Third and Seventh … |
| 21-6107 |
Thomas Johnson v. United States |
Eleventh Circuit |
2021-10-27 |
Denied |
Relisted (3)IFP |
criminal-procedure criminal-resentencing district-court-discretion factual-developments fair-sentencing-act first-step-act legal-developments presidential-commutation sentencing sentencing-reduction statutory-interpretation |
Whether a district court must or may consider intervening legal and factual developments when deciding to impose a reduced sentence under the First St… |
| 21-618 |
Armand Jones v. Mississippi |
Mississippi |
2021-10-27 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
codefendant-conduct codefendant-liability confrontation-clause confrontation-right criminal-procedure forfeiture-by-wrongdoing sixth-amendment testimonial-evidence witness-unavailability |
Whether a defendant forfeits his Sixth Amendment right to confront a witness against him when the defendant did not engage in conduct designed to prev… |
| 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 |
Ineffective-assistance-of-counsel |
| 21-6085 |
Robert George Knecht, Jr. v. Florida Department of Corrections, et al. |
Florida |
2021-10-27 |
Denied |
IFP |
1st-amendment 4th-amendment 5th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process first-amendment fourteenth-amendment standing |
Whether the State Court of Appeals erred and departed from the essential requirements of the law and federal constitutional claims |
| 21-6064 |
Robert William Knopping v. United States |
Ninth Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure district-court district-court-discretion downward-departure government-motion sentencing sentencing-guidelines third-level-reduction u.s.s.g. |
When can district court deny government's motion for 3rd-level reduction for acceptance of responsibility under U.S.S.G. § 8E1.1(b)? |
| 21-6078 |
Melvin Jackson v. United States |
Fifth Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines ineffective-assistance-of-counsel statutory-interpretation |
whether application of USSG § 2A2.1(b)(1) requires a finding of specific intent to cause bodily injury |
| 21-608 |
Oklahoma v. Laurie Jean Martin |
Oklahoma |
2021-10-26 |
Denied |
Amici (1)Relisted (3) |
appellate-review criminal-law criminal-procedure federal-jurisdiction mcgirt-precedent native-american-law oklahoma-sovereignty stare-decisis state-sovereignty statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-6087 |
Maria Vargas-Luna v. United States |
Fifth Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-law criminal-procedure drug-conspiracy fact-finding judicial-fact-finding jury-trial-right reasonable-doubt sentencing sentencing-guidelines sixth-amendment |
Whether Petitioner's sentence violates the Sixth Amendment |
| 21-6088 |
George Brass v. Aaron D. Ford, Attorney General of Nevada, et al. |
Ninth Circuit |
2021-10-26 |
Denied |
IFP |
civil-procedure civil-rights constitutional-claims criminal-procedure due-process free-speech habeas-corpus judicial-review procedural-default standing state-court takings |
Whether reasonable jurists would find the rulings as to the issues related to the withdrawal of claims and related issues debatable of wrong |
| 21-6089 |
Edward N. Daniels v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
bruton-precedent bruton-v-united-states co-conspirator co-defendant confrontation-clause criminal-procedure cross-examination due-process evidence-admissibility precedent |
Did the lower court err when they refused to apply this court's precedent in Bruton v. United States, 391 U.S. 123 (1968) when the co-conspirator / co… |
| 21-6090 |
Olry Maurival v. United States |
Eleventh Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
conspiracy crawford-confrontation criminal-procedure evidence-sufficiency false-tax-return false-tax-returns hearsay-evidence sufficiency-of-evidence tax-fraud |
Whether the verdict of guilt was supported by sufficient evidence |
| 21-6091 |
Harold Cook v. United States |
Second Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland criminal-investigation criminal-procedure disclosure-requirements due-process exculpatory-evidence prosecutorial-duty witness-statement witness-statements |
Whether Brady v. Maryland, 373 U.S. 83 (1963) and its progeny require the prosecution to create a record of and preserve apparently exculpatory witnes… |
| 21-6043 |
Vedrick Lamonte Symonette v. Florida |
Florida |
2021-10-25 |
Denied |
IFP |
brady-v-maryland constitutional-violations criminal-conviction criminal-procedure due-process fundamental-error fundamental-miscarriage-of-justice judicial-procedure jurisdiction miscarriage-of-justice vague-indistinct-indefinite |
Whether the information provided to the defendant was so vague, indistinct, and indefinite that it resulted in a due process violation, a Brady v. Mar… |
| 21-6045 |
Melissa Richardson v. United States |
Fifth Circuit |
2021-10-25 |
Denied |
Response WaivedIFP |
5th-circuit appellate-review criminal-procedure due-process evidence-sufficiency involuntary-confession judicial-error miranda-rights motion-to-suppress right-to-counsel |
Whether the 5th Circuit erred in denying Richardson's motion to suppress |
| 21-6069 |
Artavius Horne v. United States |
Third Circuit |
2021-10-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence judicial-review supervisory-power third-circuit |
Did the Court of Appeals for the Third Circuit fail to award the Petitioner a new trial as the result of error in the District Court where the Court a… |
| 21-6042 |
Marques Smith v. United States |
Eighth Circuit |
2021-10-22 |
Denied |
Response WaivedIFP |
11th-hour criminal-procedure discovery discovery-review due-process fair-trial sixth-amendment trial-preparation |
Does the District of South Dakota's Standing Order 16-04 prohibit a defendant from independent review of discovery, denying their Sixth Amendment righ… |
| 21-6058 |
David James Lola v. Florida |
Florida |
2021-10-22 |
Denied |
Relisted (2)IFP |
constitutional-interpretation criminal-procedure due-process federal-judiciary fifth-amendment fourteenth-amendment judicial-bias judicial-review legislative-review separation-of-powers sixth-amendment state-sovereignty |
Does due process pursuant to the Fifth, Sixth, and Fourteenth Amendments dictate that a state court clerk may assign a criminal case to a judge who ex… |
| 21-6059 |
Terry Jonathan Phillips v. Florida |
Florida |
2021-10-22 |
Denied |
Response WaivedIFP |
constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure |
Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense |
| 21-6060 |
Ance Payton v. United States |
Fifth Circuit |
2021-10-22 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release covid-19 criminal-procedure district-court federal-criminal-procedure health-conditions motion sentencing |
Whether the district court erred by denying Mr. Payton's Motion for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A) |
| 21-6062 |
Craig Schenvinsky James v. United States |
Sixth Circuit |
2021-10-22 |
Denied |
Response WaivedIFP |
circuit-court-conflict circuit-split criminal-procedure due-process federal-sentencing judicial-review sentencing-commission sentencing-guidelines statutory-construction statutory-interpretation |
Whether the Sentencing Commission's comments take precedent over the plain, statutorily construed language of the United States Sentencing Guidelines |
| 21-576 |
Benjamin Forrest Carter v. Virginia |
Virginia |
2021-10-20 |
Denied |
Response Waived |
confrontation-clause constitutional-violation criminal-procedure hearsay hearsay-testimony judicial-error prior-testimony remedy sixth-amendment |
Whether the Supreme Court of Virginia erred in affirming the defendant's convictions where the Circuit Court erred in admitting victim-witness hearsay… |
| 21-580 |
Vitaly Korchevsky v. United States, et al. |
Second Circuit |
2021-10-20 |
Denied |
Response Waived |
criminal-indictment criminal-procedure due-process evidence grand-jury grand-jury-clause insider-trading material-nonpublic-information securities-exchange-act securities-fraud stock-trading |
Whether the evidence at trial so dramatically changed the type, number, and scope of the specifically alleged trades that the defendant was denied his… |
| 21-581 |
Allen H. Loughry, II v. United States |
Fourth Circuit |
2021-10-20 |
Denied |
|
criminal-procedure extrajudicial-communication juror-contact juror-misconduct presumptive-prejudice remmer-hearing sixth-amendment social-media social-media-evidence trial-integrity |
Whether circumstantial evidence of extrajudicial social-media contact with a juror about the case can be enough to entitle a criminal defendant to a R… |
| 21-6011 |
Robert Leslie Stencil v. United States |
Fourth Circuit |
2021-10-20 |
Denied |
Response WaivedIFP |
adversarial-defendant clean-energy criminal-procedure defendant-prejudice due-process fraud-intent prejudice severance trial-severance |
Whether due process is violated when a trial court denies a motion to sever the trial, resulting in prejudice to petitioner |
| 21-6012 |
Michael Rimmer v. Tennessee |
Tennessee |
2021-10-20 |
Denied |
IFP |
capital-trial confrontation-clause criminal-procedure double-jeopardy due-process fundamental-fairness prosecutorial-misconduct trial-fairness witness-unavailability |
whether-the-courts-below-erred-by-upholding-the-trial-court's-determination-that-the-only-witness-to-petitioner's-purported-jailhouse-confession-was-u… |
| 21-6023 |
Dina Elizabeth Guardado v. Eric Aldridge, Warden |
Virginia |
2021-10-20 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights criminal-procedure due-process legal-ethics standing |
Whether the court-appointed lawyer violated the Rules of Professional Conduct by failing to investigate the allegations and by interfering with the in… |
| 21-6024 |
Dudley Allen Hicks v. Florida |
Florida |
2021-10-20 |
Denied |
Response WaivedIFP |
counsel-competence criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel mental-competency post-conviction-relief right-to-counsel sixth-amendment |
What kind of evidence and circumstances must be revealed for a criminal attorney to create a bona fide doubt as to his client's competence to require … |
| 21-6026 |
Barton R. Gaines v. Texas |
Texas |
2021-10-20 |
Denied |
IFP |
brady-rule constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel post-conviction-relief strickland-standard trial-counsel |
Whether a defendant has a reasonable expectation that his trial counsel will comply with Strickland, or does that reasonable expectation evaporate upo… |
| 21-6029 |
Daronnie Thompkins v. United States |
Ninth Circuit |
2021-10-20 |
Denied |
Response WaivedIFP |
bank-robbery coercion criminal-procedure due-process evidence-sufficiency firearm-enhancement interrogation interrogation-tactics involuntary-statements self-incrimination sentencing |
Whether Thompkins' incriminating statements were involuntary and should have been suppressed |
| 21-6033 |
Larry Gene Francis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-10-20 |
Rehearing |
Response WaivedRelisted (2)IFP |
4th-amendment constitutional-rights criminal-procedure double-jeopardy due-process exculpatory-evidence fair-trial material-facts parole-violation state-misconduct testimony |
Was petitioner subjected to Double Jeopardy? |
| 21-6034 |
Clifton James Jackson v. United States |
Ninth Circuit |
2021-10-20 |
Denied |
Response WaivedIFP |
circuit-split criminal-conduct criminal-procedure discovery-violations federal-jurisdiction government-agencies indictment-defect mens-rea rehaif-v-united-states speedy-trial-act |
Whether an indictment defect can strip federal courts of jurisdiction |
| 21-568 |
Jason Jarvis v. United States |
Sixth Circuit |
2021-10-19 |
Denied |
Amici (1) |
criminal-law criminal-procedure extraordinary-and-compelling-reasons extraordinary-circumstances federal-law federal-law-change judicial-discretion retroactivity sentencing sentencing-reduction statutory-interpretation |
Whether non-retroactive changes in federal law can serve as 'extraordinary and compelling reasons' warranting a sentence reduction under 18 U.S.C. § 3… |
| 21-5996 |
Jayson Thomas Weiss v. California |
California |
2021-10-19 |
Denied |
IFP |
appellate-review burden-of-proof criminal-procedure due-process standard-of-review sufficiency-of-evidence |
Whether the evidence presented was sufficient to support the conviction |
| 21-5997 |
Jeremiah Ybarra v. United States |
Fifth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
criminal-procedure drug-statute due-process effective-counsel fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct sixth-amendment |
Whether appellant was denied his Fifth Amendment right to a grand jury presentment or indictment |
| 21-5998 |
In Re Anthony Terry |
|
2021-10-19 |
Denied |
IFP |
armed-career-criminal-act career-offender circuit-precedent circuit-split criminal-procedure elements-clause mens-rea sentencing-guidelines statutory-interpretation |
Whether Borden's substantive interpretation of statute should be extended to Terry in light of the fact that Eleventh Circuit precedent prevents him f… |
| 21-6000 |
Marius A. Brown v. United States |
Fourth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
appointed-counsel criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-warrant wanton-endangerment |
Whether probable cause exists to issue a State search warrant to seize firearms, ammunition, and associated equipment, when the affidavit fails to all… |
| 21-6001 |
Terence Tramaine Andrus v. Texas |
Texas |
2021-10-19 |
Denied |
Amici (8)Relisted (17)IFP |
capital-case criminal-procedure death-penalty effective-assistance-of-counsel habeas-corpus ineffective-assistance sixth-amendment stare-decisis strickland-v-washington vertical-stare-decisis |
Whether the Texas court rejected this Court's conclusions in Andrus v. Texas and disregarded the Court's express guidance for conducting a prejudice a… |
| 21-6002 |
Mario Bachiller v. United States |
Eleventh Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
constitutional-vagueness criminal-procedure due-process harmless-error jury-conviction jury-instructions predicate-offense statutory-interpretation united-states-v-davis |
Whether a conviction under 18 U.S.C. § 924(c)(1)(A) may be sustained based on the reviewing court's finding that the jury relied equally on a valid pr… |
| 21-6004 |
Olufolajimi Abegunde v. United States |
Sixth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
circuit-split conspiracy-charges criminal-procedure due-process federal-rules-of-criminal-procedure indictment indictment-allegations rule-8-joinder venue venue-impropriety |
Should the propriety of joinder under Rule 8 be judged strictly by the allegations on the indictment or should factors beyond the indictment be consid… |
| 21-6006 |
Cory Wayne Kilgore v. United States |
Tenth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
4th-amendment address-connection appellate-review child-pornography criminal-procedure fourth-amendment prior-conviction probable-cause search-warrant |
Did the Tenth Circuit err in holding that the search warrant affidavit provided adequate basis for probable cause? |
| 21-6008 |
Keyaira Porter v. Arizona |
Arizona |
2021-10-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review batson-challenge comparative-juror-analysis criminal-procedure equal-protection jury-selection racial-discrimination standard-of-review trial-procedure |
Whether a trial court must make express rulings at Batson's third step |
| 21-6014 |
Yina Maria Castaneda Benavidez, aka La Reina, aka Ingeniera v. United States |
Eleventh Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
appeal conspiracy constitutional-rights criminal-law criminal-procedure drug-trafficking due-process evidence evidence-standard knowledge-element sentencing sentencing-disparity |
Did the Eleventh Circuit reversibly err in affirming a conviction for which the Government failed to prove the essential element of knowledge or reaso… |
| 21-5982 |
Marcus Matthews v. United States |
Sixth Circuit |
2021-10-18 |
Denied |
Response WaivedIFP |
circuit-court-interpretation circuit-court-precedent controlled-substance-offense controlled-substances criminal-procedure criminal-sentencing federal-sentencing federal-sentencing-guidelines georgia-criminal-code sentencing-enhancement statutory-interpretation united-states-sentencing-guidelines |
Does a conviction under OCGA § 16-13-30 qualify as a 'controlled substance offense' for purposes of enhancing a defendant's sentence under USSG § 2K2.… |
| 21-5989 |
Jeffrey G. Boyd v. United States |
Third Circuit |
2021-10-18 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split contested-element criminal-procedure due-process harmless-error jury-instruction jury-instructions knowledge-element standard-of-review |
Whether the harmless error standard should apply to a failure to instruct the jury on a contested element of the offense |
| 21-5992 |
Jose Miguel Ramirez-Rodriguez v. United States |
Fifth Circuit |
2021-10-18 |
Denied |
Response WaivedIFP |
COVID-19 criminal-procedure due-process equal-protection felony-convictions judicial-discretion medical-records procedural-error sentencing-enhancements sentencing-guidelines time-served |
Whether the sentencing court erred in its application of the Sentencing Guidelines |
| 21-556 |
Alexander P. Bebris v. United States |
Seventh Circuit |
2021-10-15 |
Denied |
Response Waived |
confrontation-clause constitutional-rights criminal-procedure evidentiary-hearing evidentiary-hearings pretrial-hearing pretrial-hearings sixth-amendment witness-credibility |
Does the Sixth Amendment and Confrontation Clause apply to all pretrial evidentiary hearings implicating the credibility of a witness? |
| 21-5967 |
Zenon Grzegorczyk v. United States |
Seventh Circuit |
2021-10-15 |
Denied |
Relisted (11)IFP |
collateral-review constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea retroactivity substantive-law waiver |
Does an unconditional guilty plea waive a defendant's right to challenge his conviction under 18 U.S.C. § 924(c) on the grounds that Davis rendered it… |
| 21-5970 |
Fredrick Devone Flemming v. United States |
Fourth Circuit |
2021-10-15 |
Denied |
Response WaivedIFP |
alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-procedure due-process juvenile-delinquency prior-conviction sentencing-factor sentencing-factors sixth-amendment stare-decisis |
Whether the Almendarez-Torres 'prior conviction' exception to the Sixth Amendment should be expanded to include prior juvenile delinquency adjudicatio… |
| 21-5978 |
Derek Levert Hall v. United States |
Eleventh Circuit |
2021-10-15 |
Denied |
IFP |
circuit-split criminal-procedure indigent-defendant pro-se pro-se-representation right-to-counsel sixth-amendment trial-counsel waiver |
Whether an indigent criminal defendant's waiver of trial counsel requires a clear and unequivocal request to proceed pro se |
| 21-5979 |
Leihinahina Sullivan, aka Jennifer Sullivan v. Reneau Kennedy, et al. |
Ninth Circuit |
2021-10-15 |
Denied |
IFP |
civil-rights competency constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-subpoena medical-records patient-privacy psychotherapist-patient-privilege standing |
Does a judge vested by statute to subpoena a criminal defendant's treating psychotherapist-patient records, cannot over a criminal defendant's express… |
| 21-5988 |
Stephen B. Jones, Sr. v. Maryland |
Maryland |
2021-10-15 |
Denied |
Response WaivedRelisted (2)IFP |
appeal constitutional-law constitutional-provisions criminal-procedure due-process judicial-review jurisdiction legal-reasoning procedural-rules speedy-trial statutory-provisions |
Did the trial court err? |
| 21-5961 |
David K. Horsley v. Ohio |
Ohio |
2021-10-14 |
Denied |
Relisted (2)IFP |
appeal-waiver appellate-procedure constitutional-interpretation criminal-procedure due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel procedural-rule sixth-amendment state-appellate-procedure |
Whether the holding in Garza v. Idaho, 586 U.S. 10 (2019) applies to Ohio App. R. 26(B)(1) which requires a defendant to prove ineffective assistance … |
| 21-5968 |
Timothy Stemen v. Florida |
Florida |
2021-10-14 |
Denied |
IFP |
4th-amendment civil-rights due-process evidence fifth-amendment fourth-amendment ineffective-counsel police-misconduct search-and-seizure self-incrimination |
Did law enforcement violate the petitioner's due process rights under the 14th Amendment regarding the recordings |
| 21-5973 |
Jesus Lopez-Mejia v. United States |
Fifth Circuit |
2021-10-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines substantive-reasonableness |
Whether Petitioner's sentence was substantively unreasonable? |
| 21-5975 |
Modesto Balderas v. United States |
Fifth Circuit |
2021-10-14 |
GVR |
IFP |
armed-career-criminal-act borden-v-united-states criminal-procedure records-of-conviction sentencing sentencing-enhancement simple-robbery texas-penal-code violent-felony |
Whether the Texas offense of Simple Robbery, Tex. Penal Code §29.02(a) constitutes a 'violent felony' under the Armed Career Criminal Act, 18 U.S.C. §… |
| 21-5976 |
Jude Joseph David Lovchik v. Virginia |
Virginia |
2021-10-14 |
Denied |
Response WaivedIFP |
circuit-split criminal-investigation criminal-procedure dna-evidence dna-testing expectation-of-privacy forensic-evidence fourth-amendment search-and-seizure search-warrant |
Whether the police were required to obtain a search warrant before submitting trash items to a forensic lab to extract DNA and create a DNA profile fo… |
| 21-5977 |
In Re Rigoberto Melero Aguirre |
|
2021-10-14 |
Denied |
Response WaivedRelisted (2)IFP |
constructive-denial counsel-rights criminal-procedure due-process fraud-on-the-court fraud-upon-court ineffective-assistance-of-counsel judicial-proceedings miscarriage-of-justice plain-error-standard standard-of-review |
Whether the constructive denial of counsel during Melero Aguirre's judicial proceedings, coupled with the wholesale adoption by the Fifth Circuit, of … |
| 21-5951 |
Steven B. Baumgarten v. Erika Evans |
Washington |
2021-10-13 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process excessive-punishment judicial-disqualification mental-illness mental-illness-discrimination perjury-allegations stalking stalking-evidence standing |
Is the U.S. Constitution and federal case law violated when a trial court erred in finding substantial evidence of two or more distinct, individual, n… |
| 21-5956 |
Nolan Nathaniel Edwards v. United States |
Eleventh Circuit |
2021-10-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process first-step-act incarceration notice resentencing sentencing-modification supervised-release |
Whether § 404 of the First Step Act allows a district court to impose a term of supervised release not previously imposed, as it was not a component o… |
| 21-5963 |
Norris Williams v. United States |
Eleventh Circuit |
2021-10-13 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-rights criminal-investigation criminal-procedure due-process evidence fifth-amendment habeas-corpus investigation right-to-silence self-incrimination |
When does an investigation stop after a defendant says 'No'? |
| 21-543 |
Mark Anthony Spell v. Louisiana |
Louisiana |
2021-10-13 |
Denied |
Response Waived |
constitutional-rights criminal-procedure criminal-prosecution due-process misdemeanor sixth-amendment speeding-ticket statute-of-limitations |
Does the Sixth Amendment permit the prosecution of a misdemeanor speeding ticket after the lapse of more than twenty years if there is no evidence the… |
| 21-5889 |
Anibal Alejandro Hernandez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-10-12 |
Denied |
IFP |
closing-argument courtroom-security criminal-procedure due-process fair-trial ineffective-assistance-of-counsel prejudicial-statements shackling trial-shackling |
Was Petitioner denied the effective assistance of counsel when his trial counsel failed to object to Petitioner being ordered to be shackeled during t… |
| 21-5942 |
Michael Woolen v. California |
California |
2021-10-12 |
Denied |
IFP |
appellate-review appointment-of-counsel civil-rights constitutional-law criminal-procedure dismissal due-process equal-protection judicial-discretion procedural-due-process sentencing-guidelines |
Whether the cumulative effect of deprivations of equal protection of laws, failure to appoint counsel, and procedural due process deficiency issues re… |
| 21-5943 |
Brandon Ward v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-10-12 |
Denied |
IFP |
28-usc-2253 appellate-counsel certificate-of-appealability character-evidence ineffective-assistance ineffective-assistance-of-counsel trial-counsel use-of-force witness-testimony |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) |
| 21-5929 |
Jean Lynn Lillie v. Iowa |
Iowa |
2021-10-08 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process free-speech jury-trial repeat-offender sentencing-guidelines sixth-amendment standing takings |
Can a state violate the Constitution of the United States and arbitrarily trample on the constitutional rights of individual innocent American citizen… |
| 21-5931 |
Noe Lopez Suchite v. New York |
New York |
2021-10-08 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process jury-information penal-law right-to-bear-arms second-amendment self-defense trial-transcripts |
Whether the petitioner's use of force was justified under New York Penal Law 35.15 when the petitioner reasonably believed he was in risk of peril |
| 21-5922 |
Edwin Oland Andrus v. United States |
Fifth Circuit |
2021-10-07 |
Denied |
Response WaivedRelisted (2)IFP |
certiorari-petition civil-rights constitutional-interpretation constitutional-law criminal-procedure due-process individual-rights judicial-review statutory-construction statutory-interpretation |
Should this Court grant writ of Certiorari addressing constitutional issues, correcting a miscarriage of justice |
| 21-516 |
Justin Haggerty v. United States |
Fifth Circuit |
2021-10-07 |
Denied |
|
18-usc-1152 affirmative-defense criminal-procedure element federal-jurisdiction indian-country interracial interracial-offense statutory-interpretation subject-matter-jurisdiction |
Whether the 'interracial' nature of a minor offense in Indian Country is an element of 18 U.S.C. § 1152, rather than an affirmative defense |
| 21-5908 |
Miguel Martinez v. Illinois |
Illinois |
2021-10-06 |
Denied |
IFP |
civil-rights criminal-law due-process evidence public-trial right-to-counsel |
Whether Martínez's constitutional rights were violated at every stage of his trial when he was removed from the courtroom, denied his right to be pres… |
| 21-5909 |
Sands Cooper v. Advanced Internet Automation, LLC, et al. |
Virginia |
2021-10-06 |
Denied |
Relisted (2)IFP |
attorney-misconduct civil-procedure evidence evidence-tampering false-document federal-rule-of-civil-procedure-60(b) judicial-misconduct pro-se procedural-defect workers-compensation |
Should the defendant be awarded for criminally entering a false document that was used by the Court's Officer as evidence as a result of attorney misc… |
| 21-5915 |
Thomas D. Holmes v. Randy Gibbs, Warden |
Eighth Circuit |
2021-10-06 |
Denied |
IFP |
appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-statute defendant-rights due-process habeas-corpus judicial-procedure oral-verdict precedent sentencing |
Whether a Certificate of Appealability should have issued |
| 21-5916 |
Ramiro Medina-Oliden v. United States |
Fifth Circuit |
2021-10-06 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 21-5871 |
Stephret R. Harvey v. Jason Kent, Warden |
Fifth Circuit |
2021-10-05 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review prosecution-bar state-court-record statute-of-limitations time-limitations |
Was counsel's performance deficient when counsel failed to conduct an independent investigation concerning the time limitations once the institution o… |
| 21-5894 |
Jeffrey Richard Martinson v. Arizona |
Arizona |
2021-10-05 |
Denied |
Response WaivedIFP |
acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy-doctrine fifth-amendment new-trial prosecutorial-misconduct trial-court-dismissal |
Whether the Double Jeopardy Clause bars retrial where the trial court dismissed the case with prejudice for bad faith prosecutorial misconduct after g… |
| 21-5898 |
Ernest Gabriel Verdugo v. United States |
Ninth Circuit |
2021-10-05 |
Denied |
Response WaivedIFP |
abandoned-address criminal-procedure fourth-amendment independent-access law-enforcement motel-room probable-cause residence residence-definition search-and-seizure |
Whether police officers establish probable cause that a motel room is a suspect's 'residence' when they learn that he has abandoned his reported addre… |
| 21-5903 |
Angela Johnson, et al. v. United States |
Federal Circuit |
2021-10-05 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure domestic-violence due-process federal-governing-bodies federal-statutes legal-jurisdiction standing state-law takings victim-rights |
Can states overturn federal statutes by enforceable governing bodies without rebuke or expiation? |
| 21-502 |
Oklahoma v. Terrance Lucas Cottingham |
Oklahoma |
2021-10-05 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-indian-law jurisdictional-challenge mcgirt-precedent native-american-law oklahoma-sovereignty overruling-precedent stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-496 |
Martez L. Smith v. United States |
Seventh Circuit |
2021-10-04 |
Denied |
Response WaivedRelisted (2) |
categorical-approach conspiracy criminal-law criminal-procedure guideline-interpretation overt-act sentencing-guidelines statutory-interpretation |
Whether the categorical approach for generic offenses applies to the offense of conspiring under U.S.S.G. § 4B1.2 Application Note 1 and requires an o… |
| 21-5851 |
Daniel Bryan Kelly, Jr. v. California |
California |
2021-10-04 |
Denied |
IFP |
child-witness confrontation-clause criminal-procedure due-process evidence fair-trial gang-related-crime ineffective-counsel trial-rights witness |
Why wasn't I allowed to face my accuser and cross-examine at trial? |
| 21-5855 |
Jeremiah Kyle Blaber v. Oregon |
Oregon |
2021-10-04 |
Denied |
Response WaivedIFP |
civil-rights constitutional-due-process criminal-procedure defendant-rights due-process individual-standard medical-appropriateness medical-coercion mental-health mental-health-standard physician-opinion trial-fitness |
Can the court medicate a defendant against the opinion of the defendant's treating physician under a 'Sell order' for the sole purpose of restoring a … |
| 21-5858 |
Enrique E. Quintana v. United States |
Fifth Circuit |
2021-10-04 |
Denied |
Response WaivedIFP |
actual-innocence collateral-attack commerce-clause constitutional-challenge criminal-procedure indictment indictment-deficiency plea-agreement waiver |
actual-innocence,plea-agreement,waiver,indictment,collateral-attack,commerce-clause,gonzales-v-raich |
| 21-5867 |
James Dean Kendrick v. United States |
Second Circuit |
2021-10-04 |
Denied |
Response WaivedRelisted (2)IFP |
aiding-abetting aiding-and-abetting-liability criminal-jurisdiction criminal-procedure indian-reservation indian-reservations sentencing-guidelines title-21-usc title-21-usc-section-841(b)(1)(A) title-21-usc-section-848(e)(1)(A) title-21-usc-section-848(g)-(p) |
Can-the-Government's-alleged-motive-for-the-murder-of-a-non-Indian-committed-by-another-non-Indian-override-139-years-of-this-Court's-precedent-as-to-… |
| 21-5868 |
Ryan Russell Parks, aka Dinero v. United States |
Fourth Circuit |
2021-10-04 |
Denied |
Response WaivedIFP |
amendment constitutional-rights constructive-amendment criminal-procedure due-process fair-trial indictment ineffective-assistance post-conviction-relief variance |
As the amended charge of 'SQ' (33) a constructive amendment? |
| 21-5879 |
Dheadry Powell v. United States |
Tenth Circuit |
2021-10-04 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure district-court district-court-discretion first-step-act guidelines justification money-laundering resentencing sentencing sentencing-guidelines |
Under the First Step Act, did the district court fail to provide a sufficiently compelling justification that thoroughly explains its above the guidel… |
| 21-5882 |
Jessica W. v. Administration for Children's Services |
New York |
2021-10-04 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment child-custody constitutional-rights due-process evidence family-court fourteenth-amendment parental-rights procedural-error |
Did the New York County Family Court meet due process and evidence standards in their determinations against the petitioner in disposition of two conj… |
| 21-5839 |
Antonio Darnell Mays v. Tracy Johnson |
Seventh Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process exclusionary-rule false-documents false-evidence false-statements fourth-amendment fundamental-question probable-cause search-and-seizure warrantless-search |
Whether the United States Court of Appeals made its decisions on the basis of false statements, documents, and evidence, and whether the petitioner wa… |
| 21-5844 |
James Malcolm Hale v. United States |
Fourth Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-disposition federal-criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion pretrial-motion pretrial-motions procedural-waiver waiver |
Whether a defendant may appeal an adverse pretrial motion determination despite not reserving the right in writing under Rule 11(a)(2) |
| 21-5845 |
Danny Collins v. United States |
Sixth Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
appeals certiorari criminal-procedure due-process habeas-corpus in-forma-pauperis ineffective-assistance-of-counsel sentencing service-of-process solicitor-general supreme-court-rule |
Whether the petitioner's conviction and sentence violated his constitutional rights |
| 21-5848 |
Zackie Thomas Reed, IV v. United States |
Fifth Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
black-v-romano criminal-procedure due-process fifth-circuit narcotics narcotics-violation preponderance-of-evidence preponderance-standard revocation supervised-release |
Whether the preponderance of the evidence standard utilized by the United States Court of Appeals for the Fifth Circuit in a supervised release revoca… |
| 21-5849 |
Jason August Eisenach v. United States |
Eighth Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
civil-liberties civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-standing plea-bargaining sentencing |
Whether the petitioner's Sixth Amendment right to a speedy trial was violated |
| 21-484 |
Oklahoma v. Sonny Raye McCombs |
Oklahoma |
2021-10-01 |
Denied |
Amici (2)Relisted (3) |
civil-rights criminal-procedure due-process federal-indian-law jurisdictional-challenge McGirt-precedent native-american-law oklahoma-sovereignty standing statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled |
| 21-486 |
Oklahoma v. Dakota James Alleyn Shriver |
Oklahoma |
2021-10-01 |
Denied |
Amici (1)Relisted (3) |
140 S.Ct. 2452 (2020) should be overruled appellate-review criminal-law criminal-procedure federal-jurisdiction indian-law jurisdictional-challenge mcgirt-precedent native-american-jurisdiction native-american-law native-american-rights oklahoma-law oklahoma-sovereignty precedent-review stare-decisis statutory-interpretation supreme-court-precedent tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled |
| 21-488 |
Oklahoma v. Dakota Shay Fox |
Oklahoma |
2021-10-01 |
Denied |
Amici (1)Relisted (3) |
140 S.Ct. 2452 (2020) should be overruled appellate-review criminal-jurisdiction criminal-law criminal-procedure federal-indian-law jurisdiction jurisdictional-challenge mcgirt-precedent native-american-law oklahoma-sovereignty oklahoma-statehood stare-decisis tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma should be overruled |
| 21-482 |
Hassan Sharif Ali, aka Big Hassan v. United States |
Fourth Circuit |
2021-09-30 |
Denied |
Response Waived |
categorical-approach crime-of-violence criminal-procedure due-process jury-verdict modified-categorical-approach predicate-offense statutory-interpretation united-states-code united-states-v-davis |
Whether a court must apply the modified categorical approach to determine whether a verdict of conviction under 18 U.S.C. § 924(c) necessarily rests o… |
| 21-5828 |
Brandon Aaron Thomas v. California |
California |
2021-09-30 |
Denied |
IFP |
apartment-search constitutional-rights criminal-procedure fourth-amendment gang-evidence illegal-search illegal-searches illegal-seizures motion-to-proceed-in-forma-pauperis seizure |
Whether the petitioner's Fourth Amendment rights were violated by a series of illegal searches and seizures that commenced as early as 2013, where all… |
| 21-5829 |
Amar Taylor v. United States |
Second Circuit |
2021-09-30 |
Denied |
Response WaivedIFP |
18-usc-924c 2nd-amendment crime-of-violence criminal-conviction criminal-procedure due-process firearm-statute statutory-interpretation supreme-court-precedent united-states-v-davis |
Whether Petitioner's conviction for using a firearm during a crime of violence in violation of 18 U.S.C. § 924(c) remains valid in light of United Sta… |
| 21-5830 |
Bradley David Johnson v. Stuart Sherman, Warden |
Ninth Circuit |
2021-09-30 |
Denied |
IFP |
confrontation-clause crawford-v-washington criminal-procedure due-process evidence sixth-amendment |
Whether the Confrontation Clause of the Sixth Amendment was violated when the trial court admitted testimonial statements of a non-testifying witness |
| 21-5805 |
Jean Leonard Teganya v. United States |
First Circuit |
2021-09-29 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure false-statements obstruction-of-justice perjury sentencing-guidelines significant-further-obstruction |
Whether the obstruction-of-justice enhancement under the U.S. Sentencing Guidelines can apply when a defendant testifies at trial and repeats the fals… |
| 21-5807 |
Christian Estrada Comacho v. Nebraska |
Nebraska |
2021-09-29 |
Denied |
Response WaivedIFP |
confrontation-clause covid-19 covid-19-exception criminal-procedure cross-examination due-process interpreter-testimony two-way-video video-testimony witness-demeanor witness-testimony |
Did the district court err in allowing testimony via two-way interactive video over confrontation objections due to witness' COVID-19 concerns? |
| 21-5808 |
In Re Tommy Rutledge |
|
2021-09-29 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy habeas-corpus judicial-discretion judicial-mandate mandate procedural-review res-judicata sentencing supreme-court-order vacatur |
When a District Court Judge has executed a mandate of the United States Supreme Court by vacating a charge and its sentence, can that same Judge reins… |
| 21-5814 |
Matthew David George v. Ohio |
Ohio |
2021-09-29 |
Denied |
IFP |
civil-rights compelled-speech constitutional-rights criminal-procedure due-process first-amendment free-speech judicial-mandate |
Is a court ordered apology letter in a criminal case a violation of the First Amendment's prohibition on compelled speech? |
| 21-5825 |
Raqib Abdul Al-Amin v. South Carolina |
South Carolina |
2021-09-29 |
Denied |
IFP |
compulsory-process constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment drug-offense due-process eighth-amendment evidence expert-witness mandatory-minimum sentencing-guidelines |
Whether the South Carolina Supreme Court erred in concluding that the trial court's decision to exclude the testimony of the defendant's expert witnes… |
| 21-467 |
Clifton Merrill Parish v. Oklahoma, et al. |
Oklahoma |
2021-09-29 |
Denied |
Amici (1) |
collateral-review criminal-conviction criminal-procedure federal-jurisdiction habeas-corpus indian-law oklahoma-law retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced |
| 21-470 |
Eric Lee Brown v. United States |
Eleventh Circuit |
2021-09-28 |
Denied |
|
appellate-review circuit-split criminal-procedure federal-rule-criminal-procedure judicial-precedent legal-standard plain-error precedent standard-of-review statutory-interpretation |
whether-error-can-be-plain |
| 21-5792 |
Karl Roye v. United States |
Second Circuit |
2021-09-28 |
Denied |
Response WaivedIFP |
8th-amendment 8th-amendment-violation constitutional-law criminal-procedure eighth-amendment juvenile-sentencing life-without-parole mandatory-life-without-parole miller-v-alabama sentencing |
Whether the Second Circuit erred, in violation of the Eighth Amendment, when it concluded that Miller v. Alabama, 567 U.S. 460 (2012) condoned the imp… |
| 21-5797 |
George Verkler v. United States |
Ninth Circuit |
2021-09-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process judicial-misconduct plea-agreement presumption-of-innocence right-to-appeal right-to-counsel sentencing |
Does the presumption of innocence and due process mean that if a judge will not read what a defendant in a criminal case submits to the court, or if t… |
| 21-5798 |
Willie Israel Navarette v. United States |
Eighth Circuit |
2021-09-28 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment criminal-procedure defendant-rights due-process evidence evidence-law impeachment suppression-hearing trial-testimony |
Whether testimony from a suppression hearing may be used for impeachment purposes if a defendant testifies at trial |
| 21-5799 |
Robert Ronald Perales v. Texas |
Texas |
2021-09-28 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process entrapment law-enforcement online-persona outrageous-government-conduct |
Did these police actions constitute outrageous government conduct? |
| 21-5804 |
Kenneth Randale Door v. United States |
Ninth Circuit |
2021-09-28 |
Denied |
IFP |
circuit-split criminal-law criminal-procedure evidence evidence-sufficiency judgment-of-acquittal jurisdiction plain-error rehaif-standard rehaif-v-united-states |
Is review of a claim that the evidence was insufficient to establish the knowledge of status required by Rehaif v. United States, 139 S. Ct. 2191 (201… |
| 21-5776 |
Bobby John Kobito v. United States |
Fourth Circuit |
2021-09-27 |
Denied |
Response WaivedIFP |
criminal-intent criminal-procedure due-process federal-crime sentencing-guidelines silencer silencer-possession terrorism terrorism-enhancement trial-court-discretion |
Whether the trial court erred in finding that the defendant's possession of a silencer was intended to promote a federal crime of terrorism, pursuant … |
| 21-5795 |
Ethan Guillen v. United States |
Tenth Circuit |
2021-09-27 |
Denied |
Amici (1)IFP |
circuit-split confession-admissibility constitutional-rights criminal-procedure interrogation-procedure law-enforcement-procedure miranda-warnings officer-intent question-first-interrogation seibert-v-missouri |
In determining the admissibility of post-warning confessions given during question-first interrogations, should courts apply the Seibert plurality's o… |
| 21-460 |
April Diane Myres v. United States |
Ninth Circuit |
2021-09-27 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure due-process evidence evidence-admission fourth-amendment probable-cause self-incrimination warrantless-search |
Whether the Fourth Amendment permits the Government to introduce testimony, based only on the defendant's not consenting to warrantless fingerprinting… |
| 21-5775 |
Peter George Noe, aka Ghost v. United States |
Eighth Circuit |
2021-09-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing sixth-amendment |
Whether the district court erred in denying the petitioner's motion for post-conviction relief under 28 U.S.C. 2255 |
| 21-5777 |
Vance Keith Wilson v. Louisiana |
Louisiana |
2021-09-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment 5th-amendment bail civil-rights constitutional-rights criminal-procedure due-process evidence-challenge judicial-discretion pretrial-detention |
Whether a district court can, sua sponte and without any question of suspicion, order a pretrial defendant to urinate in front of a bailiff as a condi… |
| 21-5782 |
Cenobio Humberto Herrera, Sr., aka Bert Herrera, aka Cenobio Herrera Lanz, aka Cenobio Humberto Lanz v. United States |
Ninth Circuit |
2021-09-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure custodial-status district-court methamphetamine methamphetamine-production ninth-circuit pseudoephedrine section-3553a sentencing sentencing-discretion |
Did the Ninth Circuit err in failing to vacate the district court's order based on clearly erroneous facts? |
| 21-5783 |
Brian D. Smith v. Montana |
Montana |
2021-09-24 |
Denied |
Response WaivedIFP |
appeal criminal-procedure critical-stage due-process equal-protection ineffective-assistance-of-counsel plea-bargaining plea-withdrawal post-conviction procedural-default right-to-counsel sentencing |
Is a motion to withdraw guilty plea considered a 'critical stage' requiring the assistance of counsel? |
| 21-5787 |
In Re Randall Thomas McArty |
|
2021-09-24 |
Dismissed |
IFP |
civil-rights compassionate-release criminal-procedure due-process extraordinary-circumstances federal-procedure federal-sentencing habeas-corpus parole sentencing sentencing-reduction statutory-interpretation |
Whether 28 U.S.C. §2254 would function as a recognition of habeas corpus jurisdiction, declaring judgment and injunctive relief to enjoin respondents'… |
| 21-5742 |
Steven Wayne Isbel v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-23 |
Denied |
IFP |
civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standing trial-counsel |
Whether the 3rd Circuit Court of Appeals has entered a decision that is in direct conflict with United States Supreme Court precedent and in conflict … |
| 21-5766 |
Dionte Dortch v. United States |
Eighth Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
5th-amendment criminal-procedure deportation due-process firearm immigration-consequences ineffective-assistance plea-bargaining rico-statute simple-possession |
Whether the Due Process Clause and the 5th Amendment protects the accused from a plea of guilty to material facts of simple possession of cocaine and … |
| 21-5767 |
James Felton v. United States |
Second Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process implicit-bias jury-impartiality jury-selection racial-bias racial-prejudice sixth-amendment voir-dire |
Does our society's evolving understanding of the impact of implicit bias on jury behavior justify overturning the 'substantial circumstances' test |
| 21-5771 |
Sirshun Dontrell Burris v. United States |
Sixth Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review circuit-court circuit-split civil-rights constitutional-provisions due-process evidence jurisdiction search-and-seizure standing statutory-provisions |
Whether officers' search of a defendant's house without a warrant violates the Fourth Amendment |
| 21-5772 |
Charles Eason v. United States |
Sixth Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
appellate-court armed-career-criminal-act chemical constitutional-challenge conviction criminal-procedure drug-classification drug-manufacturing remand sentencing-enhancement serious-drug statutory-interpretation |
When the Appellate Court of a chemical that 'could' be used to manufacture a 'serious drug' is remand required? |
| 21-5774 |
Joseph Hilton Dierks v. United States |
Eighth Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing exculpatory-evidence government-misconduct habeas-corpus |
Whether the petitioner's due process rights were violated when the lower court denied his request for an evidentiary hearing to present evidence that … |
| 21-5748 |
Kyle Evan Peterson v. United States |
Ninth Circuit |
2021-09-22 |
Denied |
Response WaivedIFP |
child-pornography circuit-split criminal-procedure exclusionary-rule knowledge-element plea-bargaining plea-colloquy post-hoc-warrant united-states-v-x-citement-video |
Whether the district judge must explain the knowledge element in a child pornography plea colloquy |
| 21-5751 |
Charles Elmer Kovary v. Willis Chapman, Warden |
Sixth Circuit |
2021-09-22 |
Denied |
Response WaivedIFP |
alibi-witness constitutional-rights criminal-procedure dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief trial-counsel witness-testimony |
Was Appellate Counsel Ineffective for Failing to Raise Certain Claims? |
| 21-5754 |
Cedrin Farodd Carter v. United States |
Eleventh Circuit |
2021-09-22 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure different-occasions judicial-fact-finding jury-fact-finding prior-conviction sentencing-enhancement sixth-amendment |
Is a different-occasions finding under the Armed Career Criminal Act confined to matters essential to the fact of a prior conviction? |
| 21-5756 |
Gettus Leroy Mintz v. Arizona |
Arizona |
2021-09-22 |
Denied |
IFP |
civil-rights confrontation-clause criminal-procedure dna-testing due-process equal-protection false-testimony forensic-evidence grand-jury sixth-amendment witness-testimony |
Whether the State of Arizona violated the Petitioners' 5th and 14th Amendment rights to due process and equal protection when it used false testimony … |
| 21-5758 |
Bobby Martin v. United States |
Eleventh Circuit |
2021-09-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-vagueness conviction-review criminal-procedure due-process federal-law harmless-error statutory-interpretation supreme-court |
Whether a conviction under 18 U.S.C. § 924(c)(1)(A) that was obtained in reliance on the unconstitutionally vague residual clause may be sustained bas… |
| 21-440 |
Miguel Angel Santana v. Maryland |
Maryland |
2021-09-22 |
Denied |
Amici (3)Response Waived |
constitutional-integrity constitutional-rights criminal-procedure due-process false-testimony government-misconduct immunity-agreements prosecutorial-misconduct witness-immunity |
Whether a government witness's uncorrected false testimony about immunity agreements violates due-process when the government informs defense-counsel … |
| 21-447 |
Matthew Nix v. United States |
Second Circuit |
2021-09-22 |
GVR |
Relisted (2) |
actual-bias categorical-approach crime-of-violence criminal-procedure hobbs-act implied-bias juror-bias juror-dishonesty mcdonongh-power-equipment mcdonough-standard new-trial new-trial-standard |
Whether a new trial is warranted upon a showing of intentional or inadvertent juror dishonesty |
| 21-5715 |
Ronald George Whitehouse v. United States |
Fifth Circuit |
2021-09-21 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof co-defendant criminal-procedure drug-offenses drug-quantity due-process fifth-circuit probation-officer reversible-error sentencing |
Whether the district court committed reversible error in holding the petitioner responsible for 10 kilos of methamphetamine based on the probation off… |
| 21-5734 |
Tony Lamar Vann v. Ken Paxton, Attorney General of Texas, et al. |
Fifth Circuit |
2021-09-21 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process police-misconduct racial-discrimination standing |
whether-police-can-plant-drugs-on-black-men |
| 21-5735 |
Juan Manuel Lira-Salinas v. United States |
Fifth Circuit |
2021-09-21 |
Denied |
Response WaivedIFP |
burden-of-production burden-of-proof criminal-procedure defendant-rights due-process fifth-circuit sentencing |
Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process … |
| 21-5738 |
Daniel Jose Gomez v. Robert Dooley, Warden, et al. |
Eighth Circuit |
2021-09-21 |
Denied |
IFP |
appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection federal-jurisdiction habeas-corpus jury-trial statutory-interpretation |
Whether the petitioner's due process rights were violated when the state court denied his request for a jury trial in his criminal case |
| 21-5712 |
George Ferrer Sanchez v. United States |
Eleventh Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process judicial-review plea-agreement plea-bargaining prosecutorial-discretion right-to-appeal sentencing |
Whether appeal waivers in plea agreements are enforceable |
| 21-5719 |
Edward Zinner v. United States |
Third Circuit |
2021-09-20 |
Denied |
Response WaivedRelisted (2)IFP |
aedpa conflict-of-interest constitutional-rights criminal-procedure due-process fraud-on-the-court government-failure-to-admit-or-deny habeas-corpus hazel-atlas prosecutorial-misconduct |
when-prosecutors-conspire-with-known-conflicted-defense-counsel |
| 21-5720 |
Mark Eldon Wilson v. United States |
Ninth Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
arrest-warrant criminal-complaint evidence federal-rule-of-criminal-procedure-29 judgment-of-acquittal rule-29 sixth-amendment speedy-trial speedy-trial-rights united-states-v-marion |
Whether a criminal complaint triggers a defendant's Sixth Amendment speedy trial rights |
| 21-5723 |
Juan Manuel Pardo-Oseguera v. United States |
Fifth Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
criminal-procedure plain-error presentence-report safety-valve sentencing sentencing-reduction statutory-minimum weapons-enhancement |
Whether the failure to include a safety-valve reduction is a plain error that should be corrected by the district court and appellate court |
| 21-5724 |
Devin Lee Rintye v. California |
California |
2021-09-20 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey constitutional-rights criminal-procedure due-process ineffective-counsel miller-v-alabama mitigating-evidence sentencing youth youth-mitigation |
Does a State Court violate a defendant's due process rights, contrary to Apprendi v. New Jersey and Miller v. Alabama, when the court does not afford … |
| 21-5725 |
Sergio Amaya-Martinez v. United States |
Fifth Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
28-u.s.c.s.-991(b) 5th-circuit circuit-court-interpretation criminal-procedure criminal-sentencing role-adjustment sentencing-fairness sentencing-guidelines statutory-interpretation u.s.s.g.-3b1.2 |
Whether the 5th Circuit Court has qualified the minor and minimal role adjustment commentary under U.S.S.G. §3B1.2 such that the sentences in consider… |
| 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 |
Whether an attorney's admitted failure to investigate or present a defendant's affirmative withdrawal from a conspiracy beyond the applicable statute … |
| 21-5689 |
Harold V. Hoskins v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2021-09-17 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sixth-amendment |
Was the petitioner denied his Sixth Amendment right to be represented by counsel? |
| 21-5690 |
Pedro Zavala-Armendariz v. United States |
Seventh Circuit |
2021-09-17 |
Denied |
Response WaivedIFP |
18-usc-3553(f) appellate-review criminal-procedure criminal-sentencing district-court judicial-discretion safety-valve sentencing statutory-interpretation |
Did the District Court err by not adequately explaining its ruling in applying or not applying the safety valve in connection with 18 U.S.C. §3553(f)? |
| 21-5691 |
Juan Guzman Zuniga, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-17 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule federal-courts fourth-amendment habeas-corpus probable-cause search-and-seizure standing warrantless-search |
Whether the denial of a writ of habeas corpus by the district court was proper |
| 21-5699 |
Al-Kareem Rasool-Rachmaan Collier v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-17 |
Denied |
IFP |
actual-innocence civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-procedure prosecutorial-misconduct statutory-interpretation supreme-court |
Whether the petitioner's constitutional rights were violated during the criminal proceedings against him |
| 21-5701 |
Michel Cherfrere v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-09-17 |
Denied |
IFP |
competency competency-examination criminal-procedure due-process faretta-v-california right-to-counsel self-representation speedy-trial standby-counsel |
Right-to-self-representation |
| 21-5703 |
Mark French v. Frank B. Bishop, Jr., Warden, et al. |
Fourth Circuit |
2021-09-17 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-inquiry right-to-counsel trial-counsel trial-court-discretion |
Is it a constitutional violation when a trial court fails to inquire or address a defendant's written request about his concerns about his trial couns… |
| 21-5705 |
Lazaro Fernandez v. Jonathan W. Blodgett |
First Circuit |
2021-09-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure dna-evidence dna-testing due-process exculpatory-evidence forensic-analysis post-conviction-relief saliva |
Whether it was error for the Court of Appeals to uphold the District Court in denying to order testing of the biology found at the crime scene, the al… |
| 21-5708 |
Rodney Dale Hood v. Texas |
Texas |
2021-09-17 |
Denied |
IFP |
contract-law contractual-interpretation criminal-procedure due-process fraud fraud-in-judicial-proceedings judgment judicial-discretion plea-agreement plea-bargaining state-power |
Whether the current Due Process standard for interpreting the obligations of parties in plea agreements is appropriate |
| 21-5709 |
Miguel Gonzalez v. Pennsylvania |
Pennsylvania |
2021-09-17 |
Denied |
IFP |
appellate-review constitutional-rights criminal-procedure due-process judicial-error legal-precedent mccoy-v-louisiana retroactivity supreme-court supreme-court-interpretation |
Did the Supreme Court, Superior Court and trial Court commit reversible error in their holdings regarding the retroactivity and creation of a new cons… |
| 21-5710 |
Charles L. Fieldgrove v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al. |
Nebraska |
2021-09-17 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process equal-protection habeas-corpus sentencing statutory-interpretation |
Whether a criminal defendant's initial habeas corpus action to determine the validity of the statutes under which they were convicted and sentenced is… |
| 21-5679 |
Toye Tutis v. United States |
Third Circuit |
2021-09-16 |
Denied |
Response WaivedIFP |
cell-site-simulator criminal-procedure fourth-amendment plea-agreement plea-bargaining privacy privacy-rights search-and-seizure wiretap wiretap-order |
Whether employment of a 'cell-site simulator' constituted a Fourth Amendment violation? |
| 21-5693 |
Eleno Guillen-Morales v. United States |
Fifth Circuit |
2021-09-16 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-416 |
Darell Anthony Anderson v. United States |
Sixth Circuit |
2021-09-16 |
Denied |
Response WaivedRelisted (2) |
breach civil-procedure contract contract-law criminal-appeal criminal-procedure due-process legal-procedure plea-agreement |
Due process of law, plea-agreement, contract, breach |
| 21-408 |
Gertrude Parker v. United States |
Fifth Circuit |
2021-09-15 |
Denied |
Response Waived |
conspiracy-charge criminal-intent criminal-procedure effective-assistance-of-counsel general-verdict insufficient-evidence jury-verdict medicare medicare-statutes reasonable-interpretation sixth-amendment |
Whether Parker was denied effective assistance of counsel |
| 21-410 |
Gregorio Gigliotti and Angelo Gigliotti v. United States |
Second Circuit |
2021-09-15 |
Denied |
Response WaivedRelisted (2) |
4th-amendment 4th-amendment-violation constitutional-standard criminal-investigation criminal-procedure foreign-law-enforcement fourth-amendment joint-investigation law-enforcement wiretapping |
Whether the Fourth Amendment is violated when foreign law enforcement officials engage in wiretapping at the behest of United States officials pursuan… |
| 21-5666 |
William Marcellus Campbell v. United States |
Eighth Circuit |
2021-09-15 |
Denied |
IFP |
6th-amendment abuse-of-discretion appellate-review confrontation-clause cooperating-witness criminal-procedure de-novo-review sentencing |
Whether a Defendant's 6th Amendment Confrontation Clause Rights are violated when a district court judge prohibits questions to a cooperating accompli… |
| 21-5675 |
Jayson Neil Sparks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-15 |
Denied |
IFP |
civil-rights constitutional-protections criminal-procedure due-process equal-protection indigenous-rights jurisdiction native-american-law sentencing |
Whether the petitioners' rights were violated under the 5th and 14th Amendments of the U.S. Constitution |
| 21-5682 |
Sheila Davalloo v. Amy Lamanna, Superintendent, Bedford Hills Correctional Facility, et al. |
Second Circuit |
2021-09-15 |
Denied |
IFP |
criminal-procedure due-process faretta-hearing mckaskle-v-wiggins right-to-counsel self-representation sixth-amendment standby-counsel |
Did the Faretta hearing in this case result in a decision that was contrary to, or an unreasonable application of, clearly established federal law, as… |
| 21-5683 |
Jerome McBride v. Jeff Nines, Warden, et al. |
Fourth Circuit |
2021-09-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights constitutional-supremacy criminal-procedure due-process federalism habeas-corpus ineffective-assistance post-conviction-relief separation-of-powers standing |
Did the State Division and the Federal-Nutsion unconstitutionally convict, deprive, or breach the Effective Executive (Maryland Statute/U.S. Constitut… |
| 21-5684 |
Zaire Paige v. Stewart Eckert, Superintendent, Wende Correctional Facility, et al. |
Second Circuit |
2021-09-15 |
Denied |
Response WaivedIFP |
constitutional-confrontation constitutional-rights courtroom-presence criminal-procedure due-process habeas-corpus illinois-v-allen judicial-discretion second-circuit trial-rights |
Whether petitioner was denied his constitutional right to be present at his trial |
| 21-5653 |
In Re Matthew Phillips |
|
2021-09-14 |
Denied |
IFP |
criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonable-expectation-of-privacy search-and-seizure |
Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 21-5661 |
Raymond Moya v. United States |
Tenth Circuit |
2021-09-14 |
Denied |
Response WaivedIFP |
causation causation-of-death criminal-law criminal-procedure drug-distribution evidence evidence-suppression expert-testimony motion-in-limine motion-to-dismiss |
Whether the District Court erred in denying Moya's Motion to Dismiss Count 2 |
| 21-5668 |
Freddy Angel Trujillo v. Raymond Madden, Warden |
Ninth Circuit |
2021-09-14 |
Denied |
IFP |
criminal-procedure due-process fair-trial fourteenth-amendment gang-evidence joinder joinder-of-charges prejudicial-evidence summary-reversal |
Did the Ninth Circuit's finding that Trujillo's Due Process rights were not violated by the joinder of unrelated charges so clearly misapply the law a… |
| 21-403 |
Bruce H. Zitka, et ux. v. Michigan |
Michigan |
2021-09-14 |
Denied |
Response Waived |
civil-rights court-order criminal-procedure due-process entrapment-by-estoppel government-liability governmental-officials jury-trial legal-defense res-judicata |
Were the Zitkas denied the right to present evidence to show the jury a prior court order authorized their conduct and to show they acted as they did … |
| 21-5655 |
Timothy Dean Leners v. Wyoming |
Wyoming |
2021-09-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery due-process effective-counsel ineffective-assistance pro-se-representation prosecutorial-misconduct right-to-appeal sixth-amendment |
Was Defendant's 6th Amend. right to Effective Counsel violated? |
| 21-5658 |
Elias G. Montalvo v. Isidro Baca, Warden, et al. |
Ninth Circuit |
2021-09-13 |
Denied |
Response WaivedIFP |
constitutional-search criminal-procedure due-process fourth-amendment habeas-corpus jury-instructions lesser-included-offense motion-to-suppress open-murder voluntary-manslaughter |
Did the trial court commit reversible error by failing to instruct the jury on Voluntary Manslaughter as a lesser-included offense of Open Murder? |
| 21-5629 |
Alba Duque v. Chabad at the Civic Center, Inc. |
Florida |
2021-09-10 |
Denied |
IFP |
contract contract-validity enforceability evidence evidence-admissibility judicial-discretion parties quit-claim-deed real-estate real-estate-contract specific-performance |
Can a Real Estate Contract be legally valid and enforceable if not all the required parties signed it? |
| 21-5641 |
Conoly Freddie Franklin, III, and Andre Anthony Franklin, aka Tommy Martin v. United States |
Ninth Circuit |
2021-09-10 |
Denied |
Response WaivedIFP |
charging-document circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure good-cause judicial-review plain-error plain-error-review sufficiency |
Does Federal Rule of Criminal Procedure 12(b)(8) bar reviewing the sufficiency of a charging document absent a showing of good cause |
| 21-5645 |
In Re Donald Mack |
|
2021-09-10 |
Denied |
IFP |
constitutional-challenge criminal-conviction criminal-procedure due-process fourteenth-amendment habeas-corpus mental-incompetence pate-v-robinson procedural-rules |
Can a mentally incompetent defendant challenge his conviction under the Fourteenth Amendment despite procedural rules? |
| 21-5648 |
O. B. Davis, Jr. v. Johnny Sumlin, Warden |
Fifth Circuit |
2021-09-10 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel nolo-contendere prosecutorial-misconduct supreme-court-review witness-testimony |
Whether the Court's adjudication of this case ensue from a decision that was to, or involve an unreasonable application of, clearly established law as… |
| 21-5625 |
Phillip Shawn Horton v. United States |
Fifth Circuit |
2021-09-09 |
Denied |
Response WaivedIFP |
case-law criminal-procedure double-jeopardy due-process judicial-interpretation legal-conflict procedural-review remand remand-order sentencing stare-decisis supreme-court-precedent |
Whether the opinion of the court below conflicts with this Court's decisions in Witte v. United States, Stinson v. United States, and Davis v. United … |
| 21-5635 |
Jamail D. Hairston v. Massachusetts |
Massachusetts |
2021-09-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error miranda-rights miscarriage-of-justice police-testimony right-to-remain-silent right-to-silence sufficiency-of-evidence |
Did the appeals court err in holding that no substantial risk of a miscarriage of justice resulted from officer Pagan's erroneous testimony about Hair… |
| 21-5589 |
Michael Lee Gordon v. United States |
Third Circuit |
2021-09-08 |
Denied |
IFP |
civil-rights constitutional-violation conviction-challenge criminal-procedure due-process federal-review habeas-corpus ineffective-counsel sentencing standing |
Whether the United States District Court has jurisdiction to grant relief for a writ of habeas corpus |
| 21-5599 |
Robert Nathan Hensley v. United States |
Eighth Circuit |
2021-09-08 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions |
Whether the petitioner's conviction for possession of a firearm by a felon was unconstitutional due to ineffective assistance of counsel and improper … |
| 21-5600 |
Linda Hardison v. United States |
Seventh Circuit |
2021-09-08 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-law constitutional-review court-procedure criminal-procedure documentary-evidence due-process habeas-corpus judicial-error judicial-review legal-adjudication |
Can the district court and the appeals' court overlook a blatant error of law when the petitioner presented all documentary evidence and declarations … |
| 21-5601 |
Abdullah Hamidullah v. United States |
Eleventh Circuit |
2021-09-08 |
Denied |
Response WaivedIFP |
colloquy constitutional-law criminal-procedure due-process federal-courts guilty-plea motion-to-withdraw plea-bargaining rule-11 sentencing |
Did the district court violate the defendant's substantial due process rights during the mandatory Rule 11 colloquy? |
| 21-5607 |
Terry R. Smith v. United States |
Sixth Circuit |
2021-09-08 |
Denied |
Response WaivedIFP |
autopsy autopsy-requirement black-lung-disease cause-of-death civil-rights compensation-claim criminal-procedure due-process evidence medical-evidence |
Whether the defendant was convicted beyond a reasonable doubt due to the split decisions in the circuit court division |
| 21-5611 |
In Re Andrew James Johnston |
|
2021-09-08 |
Dismissed |
IFP |
attempted-crime bank-robbery civil-rights criminal-procedure cross-examination due-process intimidation jury-instructions prosecutorial-discretion |
Whether the district court erred in instructing the jury on the elements of attempted bank robbery under 18 U.S.C. § 2113(a) when the evidence did not… |
| 21-369 |
Oklahoma v. Bea Ann Epperson |
Oklahoma |
2021-09-08 |
Denied |
Amici (1)Relisted (3) |
criminal-appellate-review criminal-procedure federal-indian-law jurisdictional-challenge mcgirt-precedent native-american-law native-american-rights oklahoma-criminal-law overruling-precedent stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-370 |
Oklahoma v. Travis Dray Stewart |
Oklahoma |
2021-09-08 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-jurisdiction indian-law judicial-review McGirt-precedent native-american-rights oklahoma-sovereignty statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled |
| 21-371 |
Oklahoma v. Jeffery Arch Jones |
Oklahoma |
2021-09-08 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure due-process federalism judicial-review McGirt-precedent native-american-law native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-373 |
Oklahoma v. Joses Ric-E Beck |
Oklahoma |
2021-09-08 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-indian-law jurisdiction jurisdictional-challenge McGirt-precedent native-american-law native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-356 |
Jermain V. Richards v. Connecticut |
Connecticut |
2021-09-07 |
Denied |
Response Waived |
criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment hung-jury mistrial perez-v-united-states richardson-v-united-states |
Whether the Fifth Amendment's Double Jeopardy Clause bars a criminal defendant's retrial after the government has had a fair opportunity to prove its … |
| 21-5584 |
Guerly Alexis v. United States |
Eleventh Circuit |
2021-09-07 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure criminal-sentencing eleventh-circuit equal-protection fair-sentencing-act first-step-act sentencing-relief statutory-interpretation |
Whether a defendant whose offense preceded the enactment of the Fair Sentencing Act of 2010, and who was sentenced after its enactment, but not necess… |
| 21-5553 |
F. Daly v. Maine |
Maine |
2021-09-03 |
Denied |
Response WaivedIFP |
beyond-reasonable-doubt boyde-v-california burden-of-proof constitutional-standard criminal-procedure due-process jury-instructions standard-of-proof sullivan-v-louisiana witness-testimony |
Whether the jury instruction misdescribes the standard of proof, resulting in a reasonable likelihood of unconstitutional application |
| 21-5568 |
Carl Anthony Wilson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-03 |
Denied |
Relisted (2)IFP |
blood-evidence blood-search constitutional-rights criminal-procedure due-process exculpatory-evidence fourth-amendment jury-selection prosecutorial-misconduct retroactivity |
Was evidence favorable to the defendant excluded? |
| 21-5574 |
Walter Manuel Marques-Mejia v. United States |
Fifth Circuit |
2021-09-03 |
Denied |
Response WaivedIFP |
Almendarez-Torres burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5575 |
Frederick Arayatanon v. United States |
Fifth Circuit |
2021-09-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial defendant-rights district-court due-process evidence evidentiary-admission fair-trial jail-telephone-calls presumption-of-innocence |
Did the District Court's admission of jail telephone calls by the defendant during trial undermine the defendant's presumption of innocence? |
| 21-5578 |
Guy Don Minze v. Texas |
Texas |
2021-09-03 |
Denied |
IFP |
court-of-appeals criminal-procedure due-process evidentiary-facts jurisdiction notice penal-code prosecutorial-misconduct prosecutorial-vindictiveness standard-of-review sufficiency-of-evidence tex-r-app-p |
Did the Court of Appeals err in failing to base its Opinion on the evidentiary and adjudicated facts in the record |
| 21-5579 |
Emmanuel Perez v. Nebraska |
Nebraska |
2021-09-03 |
Denied |
Response WaivedIFP |
circuit-court-split circuit-split criminal-procedure due-process evidence-admissibility evidence-rule evidentiary-standard federal-rules-of-evidence inextricably-intertwined judicial-interpretation standard-of-review |
Whether the 'inextricably intertwined' standard is a proper exception to Fed.R.Evid. 404(b) |
| 21-5559 |
Selvin Leonell Hernandez v. United States |
Fifth Circuit |
2021-09-02 |
Denied |
Response WaivedIFP |
2nd-amendment commerce-clause criminal-procedure criminal-statute evidence evidentiary-standard federal-law firearm-possession interstate-commerce jurisdictional-element mens-rea |
Whether possession of a firearm is 'in or affecting commerce' when there is no evidence that the defendant moved the firearm across state lines or tha… |
| 21-5563 |
William Ferguson v. United States |
Ninth Circuit |
2021-09-02 |
Denied |
Response WaivedIFP |
18-usc-242 18-usc-924c crime-of-violence criminal-procedure davis-ruling due-process johnson-ruling johnson-v-united-states predicate-offense section-924c statutory-interpretation united-states-v-davis |
Whether a defendant's convictions for violating 18 U.S.C. § 924(c) should be vacated |
| 21-340 |
Orlando Carter v. District of Columbia |
District of Columbia |
2021-09-02 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
6th-amendment constitutional-right court-of-appeals criminal-procedure due-process groppi-precedent groppi-v-wisconsin impartial-jury venue venue-change |
Whether the District of Columbia Court of Appeals' categorical prohibition on changes of venue deprives defendants of the right to trial by an imparti… |
| 21-346 |
Yvonne Reignat-Vodi v. Motor Vehicle Administration |
Maryland |
2021-09-02 |
Denied |
Response Waived |
14th-amendment administrative-law agency-records civil-rights dismissal driver-license due-process evidence fourteenth-amendment procedural-due-process witnesses |
Did the courts follow the Procedural Due Process subject to the 14th Amendment due process protection? |
| 21-319 |
Oklahoma v. Nacole Ryan Bain |
Oklahoma |
2021-09-01 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-jurisdiction jurisdictional-challenge mcgirt-precedent native-american-law oklahoma-law stare-decisis state-sovereignty statutory-interpretation supreme-court-review tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-320 |
Oklahoma v. Robert William Perry, II |
Oklahoma |
2021-09-01 |
Denied |
Amici (1)Relisted (3) |
criminal-appellate-review criminal-procedure federal-indian-law jurisdictional-challenge mcgirt-precedent native-american-law native-american-sovereignty oklahoma-criminal-law overruling-precedent stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-323 |
Oklahoma v. Michael Eugene Spears |
Oklahoma |
2021-09-01 |
Denied |
Amici (1)Relisted (3) |
140 S. Ct. 2452 (2020) should be overruled criminal-appellate-review criminal-procedure federal-indian-law jurisdictional-challenge mcgirt-precedent native-american-law native-american-rights native-american-sovereignty oklahoma-criminal-law oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma should be overruled |
| 21-326 |
Oklahoma v. Devin Warren Sizemore |
Oklahoma |
2021-09-01 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-indian-law jurisdictional-challenge McGirt-precedent native-american-law native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled |
| 21-327 |
Oklahoma v. Floyd Joseph Ball, Jr. |
Oklahoma |
2021-09-01 |
Denied |
Amici (1)Relisted (3) |
criminal-appellate-review criminal-procedure due-process federalism jurisdictional-challenge mcgirt-precedent native-american-law native-american-sovereignty oklahoma-criminal-law stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-334 |
In Re Jody Tremayne Wafer |
|
2021-09-01 |
Denied |
|
article-iii constitutional-law constitutional-rights criminal-law criminal-procedure due-process liberty liberty-interest marijuana-laws political-question standing |
Whether 'liberty' in the due process clause still means freedom from physical restraint by government police power? |
| 21-5526 |
Duane Kelly v. Steven Johnson, Administrator, New Jersey State Prison |
Third Circuit |
2021-09-01 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-review double-jeopardy due-process evidentiary-hearing inconsistent-verdict inconsistent-verdicts post-conviction-relief reasonable-jurist state-court-decision |
Was the district court's findings that the state court reasonably applied the inconsistent verdict law in this case correct? |
| 21-5547 |
Yimoe Siddha v. Donald B. Sealing, II, et al. |
Fourth Circuit |
2021-09-01 |
Denied |
IFP |
civil-rights criminal-procedure due-process free-speech habeas-corpus standing |
Does Petitioner's conviction violate his constitutional rights? |
| 21-5548 |
Brent Anderson v. United States |
Fifth Circuit |
2021-09-01 |
Denied |
Response WaivedIFP |
criminal-procedure double-counting firearm-possession plain-error reckless-endangerment sentencing-enhancement sentencing-guidelines vehicular-flight |
Did the district court plainly err when it applied a 2-level enhancement for 'reckless endangerment during flight' after already applying a 4-level 'i… |
| 21-5551 |
Floyd Flugence v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-09-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-law criminal-procedure due-process intent jury-evidence louisiana second-degree-murder specific-intent sufficiency-of-evidence |
Whether the evidence was sufficient to support the finding of guilt in accordance with La. B.S. 14:30.1 (Second Degree Murder) where there was no spec… |
| 21-5558 |
William Paul Langrum, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-01 |
Denied |
IFP |
aedpa aedpa-limitations appeal criminal-procedure habeas-corpus ineffective-assistance investigation pre-trial-investigation presumption-of-prejudice statute-of-limitations strickland-standard |
whether-the-facts-supporting-the-first-and-fourth-grounds-became-or-could-have-become-known-prior-to-the-date-on-which-the-conviction-became-final |
| 21-5537 |
John Creech v. United States |
Sixth Circuit |
2021-08-31 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland conviction criminal-procedure defense-strategy disclosure due-process evidence-disclosure litigation-strategy materiality prosecutorial-misconduct sixth-circuit |
Is evidence material for purposes of Brady v. Maryland, 373 U.S. 83 (1963), if its disclosure would affect defense litigation strategy? |
| 21-5541 |
Dan Kenny Delva v. United States |
Eleventh Circuit |
2021-08-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defendant criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel joint-trial right-to-counsel severance sixth-amendment trial-severance |
Whether Mr. Delva was denied effective assistance of counsel |
| 21-306 |
Troy Seales v. California |
California |
2021-08-31 |
Denied |
|
counsel-rights criminal-procedure due-process ex-parte-hearing ineffective-assistance right-to-be-present right-to-counsel trial-fairness |
Did the Supreme Court err in failing to rule that the exclusion of Petitioner and his counsel from an ex parte hearing violated Petitioner's rights to… |
| 21-5515 |
Kenneth Hairston v. Pennsylvania |
Pennsylvania |
2021-08-30 |
Denied |
IFP |
aggravating-factor criminal-procedure death-penalty felony-convictions ineffective-assistance prosecutorial-misconduct victim-impact victim-impact-testimony |
Did trial counsel provide ineffective assistance by failing to object to the prosecutor's improper argument regarding victim impact testimony used to … |
| 21-5516 |
In Re Freddy Perkins |
|
2021-08-30 |
Denied |
Response WaivedIFP |
841-b-1-a 846 851-enhancement actual-innocence cocaine-base criminal-procedure mathis-v-united-states retroactive-application retroactivity sentencing-law statutory-enhancement |
Whether Mathis applies retroactive to Petitioner Perkin's claim of 'Actual Innocent' under 841 (b)(1)(a) & 846, 280 grams or more Cocaine Base and 851… |
| 21-5518 |
John Perez v. United States |
Fifth Circuit |
2021-08-30 |
Denied |
Response WaivedIFP |
atascosa-county base-offense-level criminal-procedure drug-distribution drug-quantity mass-marketing relevant-conduct sentencing-enhancement sentencing-guidelines traffic-stop |
Was it improper for the Court to find the base offense level was 34 because Mr. Perez should only have been held accountable for the 15 pounds of 'bot… |
| 21-5529 |
Amando Martinez Montealvo v. Iowa |
Iowa |
2021-08-30 |
Denied |
Response WaivedIFP |
criminal-procedure juror-bias new-trial presumed-bias sex-abuse trial-rights voir-dire |
Does the presumed bias doctrine require a new trial when a juror who was a victim of sex abuse lies during voir dire to serve in a criminal sex abuse … |
| 21-5531 |
Garlin Raymond Farris v. United States |
Fourth Circuit |
2021-08-30 |
Denied |
Response WaivedIFP |
agency-principles appointed-counsel criminal-procedure due-process excusable-neglect indigent-defendant ineffective-assistance-of-counsel pioneer-investment-services procedural-hurdles sixth-amendment |
Whether appointed counsel's misconduct can serve as excusable neglect for an indigent federal criminal defendant's late filing of a dispositive motion |
| 21-303 |
Vignaraj Munsami Pillay v. Public Storage Inc. |
Florida |
2021-08-30 |
Denied |
Relisted (2) |
breach-of-contract civil-procedure civil-rights corporate-liability due-process evidence exculpatory-clause motion-to-dismiss negligence property-damage standing tenant-rights |
Can a motion to dismiss a complaint using citations out of context from distinguishable cases,polished and crafted , and completely unrelated to this … |
| 21-284 |
In Re Mathew Ryan Byrd |
|
2021-08-27 |
Denied |
Response Waived |
appeal appellate-review covid-19 criminal-procedure due-process fourth-circuit incarceration mandamus medical-conditions medical-risk |
whether-the-fourth-circuit-abused-its-discretion-in-failing-to-render-a-timely-decision |
| 21-5498 |
Raymond Concepcion v. Massachusetts |
Massachusetts |
2021-08-27 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment intellectual-disability juvenile-court juvenile-justice mandatory-sentencing miller-v-alabama proportionality youth youth-culpability |
Whether the mandatory exclusion of murder defendants between the ages of 14 and 18 from Juvenile Court precludes individualized consideration of their… |
| 21-5488 |
John Patrick Blackmon v. Jeffrey A. Uttecht, Warden |
Ninth Circuit |
2021-08-26 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights due-process exceptional-circumstances habeas-corpus judicial-inquiry prior-testimony right-to-testify testimony-waiver trial-procedure waiver |
Did events in the second trial establish additional process due the Defendant in any subsequent trial? |
| 21-5489 |
Jerris M. Blanks v. United States |
Eighth Circuit |
2021-08-26 |
Denied |
IFP |
circuit-conflict criminal-procedure federal-rules-of-criminal-procedure federal-rules-of-evidence good-cause judicial-discretion plea-bargaining plea-offer prejudicial-evidence pretrial-motion |
Whether a defendant can refile a pretrial motion after withdrawing it |
| 21-5490 |
Joseph Montrel Bourgeois v. Texas |
Texas |
2021-08-26 |
Denied |
Relisted (2)IFP |
civil-rights criminal-procedure deadly-weapon direct-appeal due-process guilty-plea intoxication plea-agreement retroactive-application sentencing-enhancement warrantless-search |
Whether the trial court and criminal court of appeals of Texas violated established federal law as determined by the United States Supreme Court |
| 21-5491 |
Alton Alexander Nolen v. Oklahoma |
Oklahoma |
2021-08-26 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure death-penalty due-process eighth-amendment intellectual-disability mental-retardation |
Whether Oklahoma's procedure for litigating the issue of intellectual disability comports with the Eighth Amendment |
| 21-5504 |
Eric Worley v. United States |
Sixth Circuit |
2021-08-26 |
Denied |
Response WaivedIFP |
base-offense-level burden-of-proof confrontation-clause criminal-procedure drug-quantity evidence preponderance-of-evidence presentence-report sentencing sentencing-guidelines |
Whether the government failed to prove the drug quantity used to determine the defendant's base offense level by a preponderance of the evidence, in v… |
| 21-285 |
In Re Dimitri Jonthiel Patterson |
|
2021-08-26 |
Denied |
|
civil-rights criminal-procedure due-process habeas-corpus standing state-custody |
Should a Petitioner raising a 28 U.S.C. §2241 Habeas Corpus, remain in State custody without certified legal documentation in violation of his constit… |
| 21-288 |
Lancy White, Jr. v. United States |
Eleventh Circuit |
2021-08-26 |
Denied |
Response Waived |
computer-forensics criminal-procedure cronic-standard e-mail-evidence email-manipulation expert-testimony federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missing-evidence strickland-standard |
Whether trial counsel was ineffective for failing to file proper notice under F.R.Cr.P. 16 to present expert testimony on computer operations and miss… |
| 21-273 |
Buck Gene Brune v. United States |
Fifth Circuit |
2021-08-25 |
Denied |
|
circuit-split criminal-procedure double-jeopardy fifth-amendment finality-of-judgment plea-bargaining plea-of-guilty prosecutorial-overreach sentencing |
When does jeopardy attach after a guilty plea? |
| 21-5481 |
James Earnest Watts v. Mississippi |
Mississippi |
2021-08-25 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights criminal-procedure due-process habeas-corpus sentencing |
Whether the Supreme Court should grant certiorari to review the conviction and sentence of the petitioner under the Eighth Amendment's prohibition on … |
| 21-5428 |
Crystal V. L. Rivers v. United States District Court for the Western District of Virginia |
Fourth Circuit |
2021-08-24 |
Denied |
Response WaivedIFP |
civil-rights crime-victims-rights-act criminal-procedure federal-investigation government-disclosure government-misconduct ongoing-investigation rico victim-notification |
Whether the Crime Victims' Rights Act (CVRA) requires the government to inform a victim of her rights under the CVRA and the status of the investigati… |
| 21-5430 |
Percy Allen Stucks v. Florida |
Florida |
2021-08-24 |
Denied |
IFP |
criminal-procedure defendant-rights due-process florida-law judicial-discretion plea-bargaining plea-withdrawal pre-trial-motion right-to-trial withdrawal-of-plea |
Does a Florida defendant have the right to withdraw plea before trial? |
| 21-5453 |
Charles J. Senke v. United States |
Third Circuit |
2021-08-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion circuit-split collateral-review criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel right-to-counsel strickland-standard substitution-of-counsel |
Whether a district court's failure to inquire into an indigent defendant's colorable motion for substitution of counsel is cognizable on direct appeal… |
| 21-5456 |
Yarlin Garcia v. United States |
First Circuit |
2021-08-24 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court evidence-suppression exclusionary-rule fourth-amendment legal-standard motion-to-suppress search-and-seizure standard-of-review |
Whether the District Court erred by denying Mr. Garcia's Motion to Suppress? |
| 21-5467 |
Michael Denton v. Ron Haynes, Warden, et al. |
Ninth Circuit |
2021-08-24 |
Denied |
Response WaivedIFP |
14th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment habeas-corpus search-and-seizure sentencing |
Whether the Ninth Circuit Court of Appeals erred in denying Petitioner's request for a certificate of appealability |
| 21-5446 |
Robert Carter v. Bernadette Mason, Superintendent, State Correctional Institution at Retreat, et al. |
Third Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel maximum-penalty plea-bargaining sentencing third-degree-murder trial-counsel |
Whether trial counsel adequately and effectively assisted petitioner in deciding whether to accept a plea offer |
| 21-5447 |
Nicholas Edwards v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al. |
Third Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure due-process identification-evidence ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice procedural-default sixth-amendment |
Whether the U.S. Court of Appeal erred in not finding petitioner was not prejudiced by trial counsel's failure |
| 21-5451 |
John M. Wasson v. United States |
Ninth Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
appeal criminal-procedure criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions legal-counsel mining-claim right-to-counsel |
Was defendant provided adequate counsel? |
| 21-256 |
Bilal Hamid Love v. United States |
Fifth Circuit |
2021-08-23 |
Denied |
Response Waived |
criminal-procedure due-process federal-sentencing-guidelines ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-guidelines strickland-standard |
Is defense counsel required to provide an estimate of potential guideline sentence when advising defendant on pleading guilty? |
| 21-257 |
Oklahoma v. Jimmie Dewayne Starr |
Oklahoma |
2021-08-23 |
Denied |
Amici (1)Relisted (3) |
140 S. Ct. 2452 (2020) should be overruled criminal-appellate-procedure criminal-procedure federal-indian-law jurisdictional-challenge mcgirt-precedent native-american-law native-american-rights oklahoma-criminal-law oklahoma-sovereignty stare-decisis statutory-interpretation supreme-court-review tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma should be overruled |
| 21-258 |
Oklahoma v. Donta Keith Davis |
Oklahoma |
2021-08-23 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (4) |
criminal-procedure due-process federalism mcgirt-precedent native-american-law native-american-rights oklahoma-criminal-law stare-decisis statutory-interpretation supreme-court-review tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-259 |
Oklahoma v. Arnold Dean Howell |
Oklahoma |
2021-08-23 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-jurisdiction indian-law judicial-review McGirt-precedent native-american-rights oklahoma-sovereignty stare-decisis state-jurisdiction statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-253 |
Oklahoma v. Christopher Jason Hathcoat |
Oklahoma |
2021-08-20 |
Denied |
Amici (1)Relisted (3) |
criminal-procedure federal-indian-law judicial-review jurisdiction McGirt-precedent native-american-law native-american-rights oklahoma-sovereignty statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled |
| 21-254 |
Oklahoma v. Jordan Batice Mitchell |
Oklahoma |
2021-08-20 |
Denied |
Amici (1)Relisted (3) |
criminal-procedure federalism judicial-review McGirt-precedent native-american-law native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma should be overruled |
| 21-255 |
Oklahoma v. Grant N. Jackson, IV |
Oklahoma |
2021-08-20 |
Denied |
Amici (1)Relisted (3) |
criminal-jurisdiction criminal-procedure federal-indian-law federalism McGirt-precedent native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma should be overruled |
| 21-5418 |
Sergio Bucio v. United States |
Sixth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure district-court district-court-discretion mitigating-role money-laundering role-adjustment sentencing sentencing-guidelines ussg-3b1.2 |
Whether the district court erred in calculating the amount of laundered funds attributable to Mr. Bucio |
| 21-5420 |
Naim Rasool Muhammad v. Texas |
Texas |
2021-08-20 |
Denied |
IFP |
burden-of-proof capital-case constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice preponderance-of-the-evidence strickland-standard strickland-v-washington texas-court-of-criminal-appeals |
Whether the Texas Court of Criminal Appeals erred in denying Naim Rasool Muhammad's claim of ineffective assistance of counsel under Strickland v. Was… |
| 21-5424 |
Victor H. Canales v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-08-20 |
Denied |
IFP |
actual-innocence civil-procedure criminal-procedure dna-testing due-process evidence fourteenth-amendment judicial-proceedings legal-counsel post-conviction-relief standing |
Question not identified |
| 21-5425 |
Jay J. Sawatzky v. United States |
Eighth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felon-in-possession first-amendment judicial-discretion racist-paraphernalia racist-views sentencing sentencing-variance upward-variance |
Whether a sentencing judge may impose an upward variance on a defendant convicted of possessing firearms and ammunition as a felon, based on that defe… |
| 21-5431 |
Jereme Eugene Mackey v. United States |
Fourth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure drug-conspiracy drug-crimes due-process ineffective-assistance ineffective-counsel pre-trial-custody sentencing sentencing-reasonableness statutory-interpretation |
Whether the district court erred in finding the appellant guilty due to ineffective counsel |
| 21-5434 |
Demontrae Wilson v. United States |
Tenth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
authentication circuit-split criminal-procedure evidence evidentiary-standards lay-witness social-media social-media-evidence |
Proper authentication for social-media evidence |
| 21-5436 |
William D. Dickerson v. United States |
Seventh Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
case-analysis civil-rights conspiracy constitutional-review court-interpretation criminal-procedure due-process judicial-standard legal-procedure procedural-error sentencing statutory-interpretation |
Whether Section 804 of the First Step Act of 2018's definition of 'covered offense' covers a 'dual-object' conspiracy that includes both crack cocaine… |
| 21-5439 |
Michael Geoffrey Peters v. Bobby Lumpkin. Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-08-20 |
Denied |
IFP |
brady-evidence constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct jurisdiction jury-selection trial-procedure |
Whether I am guilty on Count No.1 of the indictment |
| 21-5387 |
Roland Adams, aka Peter Brown, aka Harold Whiteker v. United States |
Ninth Circuit |
2021-08-18 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure due-process jurisdiction plea-agreement statutory-authority statutory-interpretation void-judgment |
Whether the district court lacked jurisdiction to enter judgement under 18 U.S.C § 1956(h) |
| 21-5388 |
Wilbert Kelly, Jr. v. Louisiana |
Louisiana |
2021-08-18 |
Denied |
Response WaivedIFP |
age-restriction burden-of-proof constitutional-interpretation criminal-procedure due-process legal-standing post-conviction-relief presumption-of-innocence public-official sufficiency-of-evidence supreme-court-jurisdiction |
Whether the Louisiana Supreme Court erred in denying the petitioner's application for post-conviction relief despite the lack of evidence proving the … |
| 21-5389 |
Juan J. Martinez v. Texas |
Texas |
2021-08-18 |
Denied |
IFP |
admissible-evidence collateral-proceedings constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance probable-cause right-to-counsel search-and-seizure trial-counsel |
Whether the petitioner received ineffective assistance of trial counsel in excluding otherwise admissible evidence? |
| 21-5395 |
In Re Christopher Burgess |
|
2021-08-18 |
Denied |
IFP |
28-usc-2255 actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mail-room-delay time-bar |
Should a 28 U.S.C. § 2255 be entertained under less stringent conditions if it contains both 'actual-innocence' and 'ineffective-assistance-of-counsel… |
| 21-5408 |
Bruce Allen Rutherford v. United States |
Fifth Circuit |
2021-08-18 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2255 criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment |
Whether the movant's claim that counsel failed to inform him of plea offers and allowed them to expire is cognizable under 28 U.S.C. § 2255 |
| 21-5409 |
Antonyo Reece v. United States |
Fifth Circuit |
2021-08-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court judicial-discretion pepper-precedent pepper-v-united-states rehabilitation-evidence sentencing sentencing-variance upward-departure |
Whether imposing an upward departure of 200 months to a criminal defendant who has exemplary rehabilitation evidence is incongruous to this Court's ho… |
| 21-5413 |
Antoine L. Wallace v. United States |
Seventh Circuit |
2021-08-18 |
Denied |
Response WaivedIFP |
circuit-split controlled-substance criminal-procedure drug-offense federal-law sentencing-guidelines state-law statutory-interpretation |
Does the undefined term 'controlled substance' in the federal Sentencing Guidelines refer to substances controlled by federal law or state law? |
| 21-243 |
James Warner v. United States |
Sixth Circuit |
2021-08-18 |
Denied |
|
bribery-statute constructive-amendment criminal-procedure indictment indictment-modification jury-instruction jury-instructions plain-error substantial-rights |
Whether the constructive amendment of an indictment by an erroneous jury instruction, stating that conspiracy counts alleged agreements to violate a d… |
| 21-227 |
Venus Y. Springs v. North Carolina State Bar |
North Carolina |
2021-08-17 |
Denied |
Response Waived |
civil-rights constitutional-rights corporate-litigation due-process evidence first-amendment free-speech judicial-discipline north-carolina standing |
Whether the posting of a deposition video to educate pro se litigants is protected by the First Amendment |
| 21-5380 |
Luke Edward Fleming v. Florida |
Florida |
2021-08-17 |
Denied |
Response WaivedIFP |
circumstantial-evidence cold-case constitutional-law criminal-procedure dna-evidence due-process evidence murder sexual-battery |
Whether the Petitioner's convictions for murder and sexual battery violate the Due Process Clause of the United States Constitution because the eviden… |
| 21-5382 |
Nickie Nathanial Rico v. United States |
Tenth Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
attempted-murder criminal-enhancement criminal-procedure defendant-objection district-court enhancement objection presentence-report sentencing |
Whether the District Court erred in overruling Defendant's Objection to the Attempted Murder Enhancement in the Presentence Report |
| 21-5383 |
Mark Stinson v. John P. Yates, Warden |
Eighth Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-provisions criminal-procedure due-process judicial-inquiry right-to-counsel sixth-amendment |
Whether a Judge must inquire into the propriety of the issue |
| 21-5391 |
Jermontae Moss v. Georgia |
Georgia |
2021-08-17 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure cruel-and-unusual-punishment family-violence felony-murder juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama mitigating-factors sentencing sentencing-discretion |
Does a court violate Miller when it refuses to consider childhood trauma as mitigating when sentencing a child to life without parole? |
| 21-5393 |
Hemy Neuman v. Georgia |
Georgia |
2021-08-17 |
Denied |
Response WaivedIFP |
collateral-estoppel criminal-procedure double-jeopardy mental-health procedural-due-process procedural-law reversal-of-conviction substantive-law trial-reversal |
Where a defendant is found guilty at a second trial after reversal of the first trial's verdict of guilty but mentally ill: 1) Is a double jeopardy cl… |
| 21-5398 |
Scott Estes v. United States |
First Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process emergency-call evidence hearsay-exception sixth-amendment testimonial-statements |
Did the United States Court of Appeals for the First Circuit fail to correctly apply the objective primary purpose test for testimonial statements mad… |
| 21-5400 |
Maria Gonzalez Maldonado v. United States |
Eleventh Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
burden-of-proof conspiracy criminal-law criminal-procedure drug-conspiracy drug-trafficking federal-sentencing methamphetamine-possession minor-participant sentencing sentencing-guidelines |
Did Maria Gonzalez Maldonado conspire to possess and/or actually and knowingly possess between 5kg-15kg kilograms of methamphetamine pursuant to U.S.S… |
| 21-5402 |
Ronald E. West v. United States |
District of Columbia |
2021-08-17 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-issue criminal-procedure due-process election-dispute election-procedure judicial-review legal-challenge recidivism rehabilitation sentencing supreme-court |
Whether the lower court erred in not considering the defendant's 30-year-old prior offenses, the COVID-19 emergency amendment, the defendant's 20-year… |
| 21-5404 |
Maria Teresa Duarte Godinez v. United States |
Fifth Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure disparities due-process judicial-discretion plea-bargaining sentence-disparity sentencing sentencing-waiver waiver |
whether the appellate court erred in enforcing the waiver keeping the defendant from appealing her sentence in violation of her due process rights |
| 21-5406 |
Bryson Tuesno v. United States |
Fifth Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
6th-amendment civil-procedure constitutional-rights criminal-procedure due-process hearsay impartial-jury sixth-amendment testimony |
Question not identified |
| 21-225 |
Ashley Mere Howard v. Texas |
Texas |
2021-08-16 |
Denied |
Response RequestedRelisted (2) |
credibility-determinations criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining plea-withdrawal |
Whether the state court's decision conflicts with Lafler v. Cooper |
| 21-210 |
Wisconsin v. Mark D. Jensen |
Wisconsin |
2021-08-13 |
Denied |
Response RequestedResponse WaivedRelisted (6) |
confrontation-clause criminal-procedure domestic-abuse emergency-exception future-crime ongoing-emergency sixth-amendment testimonial-hearsay |
Can a person's statement expressing fear about a possible future crime be testimonial under the Sixth Amendment's Confrontation Clause? |
| 21-211 |
Valueland Auto Sales, Inc., and Ron Benit v. United States |
Sixth Circuit |
2021-08-13 |
Denied |
|
circuit-split criminal-charges criminal-procedure district-court expungement judicial-procedure jurisdiction record-expungement |
When the district court dismisses all criminal charges against a defendant, does that court have jurisdiction over a motion to expunge the records rel… |
| 21-5349 |
Chris Allen Miller v. Jason R. Ravnsborg, Attorney General of South Dakota, et al. |
Eighth Circuit |
2021-08-13 |
Denied |
IFP |
civil-rights criminal-procedure double-jeopardy due-process jury-trial prosecutorial-misconduct |
Whether the state court erred in denying the petitioner's due-process, civil-rights, criminal-procedure, jury-trial, double-jeopardy, prosecutorial-mi… |
| 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 |
Whether petitioner was denied his constitutional right to have effective assistance of counsel |
| 21-5366 |
Abram K. Sollman v. Nebraska |
Nebraska |
2021-08-13 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment hearsay-evidence witness-testimony |
whether-the-nebraska-courts-reliance-on-witness-statements-induced-erroneous-or-prejudicial-hearsay-evidence |
| 21-5367 |
Roger Everett Smith, III v. United States |
Ninth Circuit |
2021-08-13 |
Denied |
Response WaivedIFP |
alien-transporting alienage confrontation-clause criminal-procedure deposition-testimony good-faith-effort material-witnesses sixth-amendment witness-procurement |
Whether the mailing of form letters addressed to three material witnesses in three small villages in Mexico approximately two weeks before trial amoun… |
| 21-5368 |
Alberto Rodriguez v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2021-08-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fundamental-right legal-representation notice-of-charges sixth-amendment waiver |
Whether the Sixth Amendment fundamental right to notice of charges can be waived by the lawyer's failure to object or whether the defendant must perso… |
| 21-5371 |
James Roland Henderson v. California |
California |
2021-08-13 |
Denied |
IFP |
criminal-intent criminal-procedure evidence-exclusion familial-violence first-degree-murder homicide imperfect-self-defense jury-instructions parental-relationship religious-beliefs self-defense special-circumstances |
Whether the trial court improperly instructed the jury with a pinpoint instruction on imperfect self-defense |
| 21-5350 |
Bobby Earl Keys v. United States |
Fifth Circuit |
2021-08-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review compassionate-release criminal-procedure district-court-discretion due-process prisoner-release sentencing sentencing-factors standard-of-review statutory-interpretation |
Did the Fifth Circuit Court of Appeals apply the wrong appellate standard of review? |
| 21-5358 |
Leonel Rodriguez-Caraveo v. United States |
Fifth Circuit |
2021-08-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5360 |
Danta Omar Roberts v. United States |
Fourth Circuit |
2021-08-12 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal fourth-amendment fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-representation procedural-review standard-of-review trial-counsel |
Whether the Fourth Circuit erred by ruling that the record did not conclusively demonstrate any deficiencies in trial counsel's representation, and Mr… |
| 21-5340 |
Gerald Allen Hiler v. United States |
Ninth Circuit |
2021-08-11 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure district-court factual-basis federal-rules-of-criminal-procedure guilty-plea plea-agreement sentencing |
Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the… |
| 21-190 |
Carlos W. Santiago v. Josean Toucet, et al. |
Puerto Rico |
2021-08-11 |
Denied |
Relisted (2) |
appeal appellate-rights confession confession-suppression criminal-procedure due-process equal-protection judicial-misconduct trial-transparency |
If due process of law is violated when a judge in a hidden trial disappears and erases from his judgment the confession obtained through strong cross-… |
| 21-186 |
Oklahoma v. Shaun Michael Bosse |
Oklahoma |
2021-08-10 |
Dismissed |
Amici (2) |
criminal-procedure indian-country jurisdiction mcgirt-precedent non-indian-crimes postconviction-relief procedural-bars prosecutorial-authority state-prosecution |
Whether a State may impose procedural or equitable bars to postconviction relief on the claim that the State lacked prosecutorial authority because th… |
| 21-5322 |
André J. Twitty v. United States |
Tenth Circuit |
2021-08-10 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-law federalism first-amendment preemption state-statute statutory-interpretation supremacy-clause void-for-vagueness |
Does the Assimilative Crimes Act confer jurisdiction upon a federal court to assimilate and alter the elements of an unconstitutional state statute to… |
| 21-5324 |
Michael Dasean Robinson v. United States |
Fifth Circuit |
2021-08-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court due-process harmless-error rule-32 sentencing sentencing-review standard-of-review |
Whether an explanation inconsistent with Rule 32(i)(3)(B) can inoculate an otherwise unreasonable sentence from appellate review |
| 21-5335 |
Omar Israel-Griffin v. United States |
Sixth Circuit |
2021-08-10 |
Denied |
Response WaivedIFP |
administrative-law constitutional-provisions contract-law cooperation criminal-procedure due-process federal-procurement government-contract government-discretion plea-agreement statutory-interpretation withdrawal |
Whether a defendant who has entered a plea agreement with the government and provided cooperation should be allowed to withdraw the plea if the govern… |
| 21-5392 |
Jose Raymundo Rodriguez-Yanez v. United States |
Fifth Circuit |
2021-08-10 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5313 |
In Re Juan Luis Leonor |
|
2021-08-09 |
Dismissed |
Response WaivedIFP |
collateral-review constitutional-law criminal-procedure federal-retroactivity-test retroactivity second-degree-murder state-v-ronald-smith sudden-quarrel-provocation supreme-court-review teague-standard |
Whether the Nebraska Supreme Court's decision not to hold State v. Ronald-Smith retroactive confines the petitioner to a lesser remedy than what the U… |
| 21-5317 |
Mauricio Melendez v. Renee Baker, Warden |
Nevada |
2021-08-09 |
Denied |
IFP |
attorney-concession criminal-autonomy criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel right-to-defense stare-decisis supreme-court-precedent |
Whether the right to secured autonomy over one's defense requires express objection to an attorney's concession of guilt |
| 21-5325 |
Raul Adrian Torres v. United States |
Ninth Circuit |
2021-08-09 |
Denied |
Response WaivedIFP |
arrestee criminal-procedure fourth-amendment handcuffs law-enforcement probable-cause search-and-seizure search-incident-to-arrest secured |
Whether a search of a backpack or other bag that was being carried by an arrestee is permissible as a search incident to arrest even after officers ha… |
| 21-5327 |
Mark Anthony Gonzalez v. Texas |
Texas |
2021-08-09 |
Denied |
IFP |
criminal-procedure juror-substitution jury-deliberation jury-trial sixth-amendment structural-error trial-procedure unanimous-verdict |
Whether a trial court's failure to instruct a reconstituted jury to deliberate anew after a juror substitution violates the Sixth Amendment right to a… |
| 21-5328 |
James Robert Dowty v. United States |
Eighth Circuit |
2021-08-09 |
Denied |
Response WaivedIFP |
crime-scene-search criminal-procedure custody-testimony due-process equal-protection fourth-amendment government-witnesses judicial-bias police-procedure sequestration |
Whether the District Court violated the Fourteenth Amendment right to due process of law |
| 21-5303 |
William Pruitt v. United States |
Eleventh Circuit |
2021-08-06 |
Denied |
Response WaivedIFP |
allen-charge burden-of-proof criminal-procedure due-process judicial-error judicial-instruction jury-coercion jury-deadlock jury-instructions retrial trial-procedure |
Whether the appeals court erred in affirming the use of its pattern modified 'Allen' charge with a deadlocked jury |
| 21-5311 |
Thomas Morgan Soper, II v. Idaho |
Idaho |
2021-08-06 |
Denied |
IFP |
brady-violation constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-discretion prosecutorial-misconduct sentencing separation-of-powers statutory-interpretation |
Does a District Court Judge have the power and/or right to ignore an order of suspension of all persistent felony enhancements? |
| 21-5315 |
Rafael Arturo Coto Chinchilla v. Louisiana |
Louisiana |
2021-08-06 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process evidence-sufficiency jury-instructions prosecutorial-misconduct sufficiency-of-evidence trial-error |
Was the evidence sufficient to support the guilty verdict? |
| 21-5321 |
Jerome Kieffer v. United States |
Fifth Circuit |
2021-08-06 |
Denied |
Response WaivedIFP |
cell-phone-privacy civil-rights constitutional-procedure criminal-procedure due-process fourteenth-amendment fourth-amendment free-speech government-seizure standing |
Whether the unconstitutionally vague language of 18 USC 1001 applies to 18 USC 1343(a)(1) |
| 21-176 |
David J. Tatara v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-08-06 |
Denied |
Response Waived |
criminal-procedure double-jeopardy due-process felony-murder habeas-corpus judgment-of-acquittal mens-rea superseding-information |
Does a conviction of a crime submitted to the jury through a superseding information filed after jeopardy attached and after the court granted judgmen… |
| 21-5308 |
Calvin B. Lynch v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2021-08-05 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process federal-law statutory-interpretation witness-intimidation witness-testimony |
Is petitioner entitled to the Pennsylvania courts' clarifying interpretation of the witness intimidation statute, Pa.C.S.A.§4952, under which petition… |
| 21-5288 |
Cornelius L. Jones v. Illinois |
Illinois |
2021-08-04 |
Denied |
IFP |
civil-procedure constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review post-conviction post-conviction-review standing writ-of-certiorari |
Whether the post-conviction pleadings were sufficient |
| 21-5291 |
Leonardo Miguel Garcia Morales, aka El Padrino v. United States |
Eleventh Circuit |
2021-08-04 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial critical-stage defendant-presence district-court-discretion due-process judicial-discretion jury-deliberations right-to-presence testimony-of-accused testimony-rehearing |
Does the right to presence at critical stages of a criminal trial extend to proceedings before the jury in which the district court discourages the ju… |
| 21-5294 |
Wilshaun King v. Mike Brown, Acting Warden |
Sixth Circuit |
2021-08-04 |
Denied |
Response WaivedIFP |
autopsy-report confrontation-clause criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner plea-bargaining plea-offer right-to-counsel sixth-amendment |
Sixth Amendment right to effective assistance of counsel for plea offers during jury deliberations |
| 21-5299 |
John Johnson, Jr. v. Texas |
Texas |
2021-08-04 |
Denied |
IFP |
constitutional-challenge criminal-procedure due-process equal-protection equal-protection-clause factfinder-discretion fourteenth-amendment non-unanimous-verdict penal-code statutory-interpretation |
Does Texas Penal Code §21.02 discriminate who is and is not protected under the Equal Protection Clause under the Fourteenth Amendment by allowing fac… |
| 21-5270 |
Robert Stanard v. United States |
Ninth Circuit |
2021-08-03 |
Denied |
Response WaivedIFP |
civil-rights commerce-clause constitutional-review criminal-procedure due-process firearms judicial-interpretation legal-challenge personal-property state-law takings |
Does the taxing powers of Congress negate a person's possessory interest in personal property? |
| 21-5280 |
Robert Craft v. Florida |
Florida |
2021-08-03 |
Denied |
IFP |
aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing constitutional-law criminal-procedure due-process hurst-v-florida reasonable-doubt ring-v-arizona |
Whether the Due Process Clause requires the determination that sufficient aggravating factors exist to justify imposing a death sentence to be made be… |
| 21-5281 |
Steven Burda v. Pennsylvania Department of Human Services |
Pennsylvania |
2021-08-03 |
Denied |
Relisted (2)IFP |
appellate-review certiorari civil-procedure due-process evidence judicial-review jurisdiction legal-procedure lower-court standing supreme-court |
Did the Supreme Court err by not allowing exhibits to be included? |
| 21-5273 |
Jerry L. Wheeler v. Randall Hepp, Warden |
Seventh Circuit |
2021-08-02 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure defense-strategy due-process fair-trial prosecutorial-misconduct right-to-counsel right-to-notice trial-counsel witness-testimony |
Ineffective-assistance-of-counsel |
| 21-5255 |
Nathaniel B. Appleby-El v. Maryland |
Maryland |
2021-07-30 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence evidence-admission right-to-counsel witness-testimony |
Whether the use of transcripts denied the defendant's right of confrontation |
| 21-5260 |
James E. Nottingham v. Laurel Harry, et al. |
Third Circuit |
2021-07-30 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process false-arrest habeas-corpus jurisdiction jurisdictional-challenge perjury standing writ-of-certiorari |
Whether the writ of certiorari should be granted in favor of the Petitioner James E. Nottingham for false arrest, perjury, fraud, void warrant, ineffe… |
| 21-5265 |
Terry Reed v. United States |
Sixth Circuit |
2021-07-30 |
Denied |
Response WaivedIFP |
4th-amendment affidavit criminal-procedure fourth-amendment good-faith-doctrine good-faith-exception probable-cause search-and-seizure warrant-exception warrant-requirement |
Whether the good faith exception to the warrant requirement extends so far as to excuse an officer's reliance upon an affidavit he drafted with the on… |
| 21-5268 |
Ambus Ray Davis, III v. Nick Ludwick, Warden |
Eighth Circuit |
2021-07-30 |
Denied |
IFP |
constitutional-rule criminal-procedure direct-review due-process equal-protection fourteenth-amendment retrospective-application united-states-constitution |
Whether newly declared constitutional rule of criminal procedure apply retrospectively |
| 21-128 |
Roger Waldner, et al. v. United States |
Eighth Circuit |
2021-07-30 |
Denied |
Response Waived |
criminal-procedure due-process enforcement-order garnishment recoupment restitution statute-of-limitations takings-clause |
Whether the USA's garnishment of $80,000 from Glenn Ambort was timely and proper under 18 U.S.C. § 3664(m)(1)(A) and 18 U.S.C. § 3613 |
| 21-5231 |
Shaun J. Salazar v. United States |
Tenth Circuit |
2021-07-29 |
Denied |
Response WaivedIFP |
criminal-justice criminal-procedure due-process federal-law imprisonment revocation sentencing statutory-interpretation statutory-maximum supervised-release united-states-v-haymond |
Whether a district court may impose a revocation imprisonment term under 18 U.S.C. § 3583(e)(3) that, when combined with a defendant's initial term of… |
| 21-5245 |
Jamie Patrick Hahn v. Georgia |
Georgia |
2021-07-29 |
Denied |
Relisted (2)IFP |
case-record constitutional-rights court-precedent criminal-procedure due-process equal-protection judicial-review legal-denial procedural-challenge prosecutorial-misconduct vindictive-prosecution |
Will this Court review the fact of the Respondent's vindictive prosecution? |
| 21-5250 |
Adalberto Martinez-Ramirez v. United States |
Eighth Circuit |
2021-07-29 |
Denied |
Response WaivedIFP |
§3Bl.1(a)-standard buyer-relationship circuit-court-review criminal-leadership criminal-procedure criminal-sentencing evidence precedent precedent-interpretation sentencing-guidelines statutory-interpretation U.S.-v.-Miller |
Whether the Eighth Circuit overlooked binding precedent in U.S. v. Miller when determining if the facts established that Martinez did not coerce buyer… |
| 21-5253 |
John David Wilson, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-07-29 |
Dismissed |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process equal-protection fair-trial habeas-corpus ineffective-assistance post-conviction-relief sentencing statutory-interpretation |
Whether the petitioner's due process rights were violated by the imposition of an enhanced sentence under Florida's 10-20-life statute |
| 21-5257 |
Jermaine Latwone Haynes v. Willis Chapman, Warden |
Sixth Circuit |
2021-07-29 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial ineffective-assistance self-defense sentencing-mitigation |
Was Petitioner Denied His Constitutional Right To The Effective Assistance Of Counsel and A Fair Trial Proceeding |
| 21-5228 |
Dwayne Sheckles v. United States |
Sixth Circuit |
2021-07-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment criminal-procedure drug-crimes drug-dealing evidence-seizure home-invasion probable-cause residential-searches search-warrant search-warrants |
Whether a person's status as a suspected drug dealer, alone, provides probable cause to allow for a warrant to be issued for that person's residence |
| 21-5233 |
Abel Guillermo Godoy v. United States |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-procedure criminal-prosecution due-process elements-of-crime jury-determination legal-precedent prior-conviction prior-convictions sentencing sentencing-factors sixth-amendment |
Should the Court finally overrule Almendarez-Torres? |
| 21-5234 |
Melquiades Galvez-Martinez v. United States |
Fifth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-procedure legal-precedent sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5235 |
Vincent Holton v. United States |
Eleventh Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
conspiracy conviction criminal-procedure due-process entrapment jury-instruction jury-instructions sentencing |
Whether the District Court Wrongly Denied Petitioner's Request for a Jury Instruction on Entrapment? |
| 21-5237 |
Taurice Leonard Brown v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-habeas-review jury-selection merits-decision sixth-amendment supremacy-clause |
Whether the Florida courts are refusing to consider Sixth Amendment claims in violation of the Supremacy Clause by not treating such claims as decisio… |
| 21-5238 |
Deyaa Khalill v. W. L. Montgomery, Warden |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure cross-examination due-process preliminary-hearing sixth-amendment |
Whether the admission of preliminary hearing testimony violates a criminal defendant's Sixth Amendment right to confrontation |
| 21-5240 |
Carlos Elias Cruz-Bermudez v. United States |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5241 |
Jose Lazaro Venancio Mendoza-Batres v. United States |
Fifth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-procedure jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5242 |
Joshua Sadat Washington v. United States |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidence search-and-seizure suppression-hearing |
Did Hee Witdinivk tot trv i wenyng He veogenwng — OF the Suppression hearing , Whee Met vé gt thets Ye levont fo the fete Hinting [(WOCEF? |
| 21-116 |
Missouri, ex rel. Michalene Hagan v. Milan Berry, Judge, 45th Judicial Circuit, Pike County, Missouri, et al. |
Missouri |
2021-07-28 |
Denied |
|
criminal-procedure due-process excessive-bail federal-constitution missouri-constitution pretrial-detention |
Whether the Excessive Bail Clauses are preempted or stayed due to Missouri Supreme Court Rule 33 |
| 21-122 |
Davin Seth Waters v. United States |
Fifth Circuit |
2021-07-28 |
Denied |
Response Waived |
criminal-procedure due-process guilty-plea habeas-corpus judicial-discretion mutual-mistake plea-bargaining plea-withdrawal voluntariness |
Does the doctrine of mutual mistake provide a cognizable basis to find a guilty plea involuntary? |
| 21-5198 |
Dustin Trevino Lawrence v. Ohio |
Ohio |
2021-07-27 |
Denied |
IFP |
appellate-review criminal-procedure due-process fair-trial impartial-judge judicial-bias manifest-weight manifest-weight-of-evidence proportionate-sentencing reasonable-doubt sentencing |
Appellant's right to due process of law |
| 21-5219 |
Bryan James Collins v. United States |
Fifth Circuit |
2021-07-27 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-conviction criminal-law due-process evidence federal-statute fifth-circuit sentencing statutory-interpretation |
Whether the Fifth Circuit wrongly affirmed Collins's conviction |
| 21-5224 |
Julian Terence Martin, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-27 |
Denied |
IFP |
criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonable-expectation-of-privacy search-and-seizure |
Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 21-5226 |
Faryion Edward Wardrip v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-27 |
Denied |
IFP |
criminal-procedure death-penalty habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review strickland-standard strickland-v-washington unreasonable-factual-determinations |
Whether Faryion Wardrip's trial counsel was ineffective under Strickland v. Washington |
| 21-5210 |
Trojan Hart v. United States |
Second Circuit |
2021-07-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-restrictions jury-instructions right-to-counsel sentencing sentencing-review shackling |
Whether the district court erred when it shackled Hart and codefendant Sharpe? |
| 21-5211 |
Edwin Artis Pettaway v. United States |
Eleventh Circuit |
2021-07-26 |
Denied |
Response WaivedIFP |
confidential-informant confrontation-clause constitutional-rights criminal-procedure drug-possession due-process firearm-possession search-and-seizure search-warrant sentencing |
Was Mr. Pettaway denied his constitutional right to present a complete defense? |
| 21-5217 |
Jeffrey Keller v. Illinois |
Illinois |
2021-07-26 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process eavesdropping eavesdropping-law miranda-rights prosecutorial-misconduct warrantless-arrest |
Whether the Illinois Courts incorrectly found that petitioner's rights were not violated |
| 21-5191 |
Tammy H. Hepburn v. Teleperformance |
Ninth Circuit |
2021-07-23 |
Denied |
IFP |
civil-procedure civil-rights-act discovery employment-discrimination evidence failure-to-preserve-evidence hostile-work-environment litigation racial-discrimination spoliation-of-evidence title-vii workplace-retaliation |
Whether spoliation of evidence or failure to preserve evidence is relevant to a case when the case has been deemed for litigation |
| 21-5192 |
Gilberto Antonio Guillen-Hernandez v. Texas |
Texas |
2021-07-23 |
Denied |
IFP |
constitutional-law constitutional-requirement continuous-sexual-abuse criminal-procedure criminal-trial due-process jury-conviction jury-unanimity sexual-abuse sixth-amendment |
Does the constitutional requirement of jury unanimity, contained within the Sixth Amendment of the United States Constitution, require a jury to be un… |
| 21-5193 |
Vernon Collins v. New Jersey |
New Jersey |
2021-07-23 |
Denied |
IFP |
appellate-division appellate-review criminal-procedure due-process federal-law illegal-sentence open-court procedural-claims sentencing |
Did the New Jersey Superior Court Appellate Division err in concluding consecutive sentences imposed outside petitioner's presence was not contrary to… |
| 21-5200 |
Walter Himmelreich v. Stephen Spaulding, Warden |
First Circuit |
2021-07-23 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-issues constitutional-provisions criminal-procedure due-process federal-sovereignty habeas-corpus judicial-review legal-interpretation procedural-rights standing statutory-analysis |
Did the lower courts err in failing to grant a hearing on the constitutional issues raised by the petitioner in habeas corpus? |
| 21-5201 |
Susan Kaytlin Scott v. United States |
Ninth Circuit |
2021-07-23 |
Denied |
Response WaivedIFP |
circuit-court-split circuit-courts constitutional-law constitutional-procedure criminal-procedure custody-determination due-process fifth-amendment law-enforcement-interrogation miranda-custody miranda-warning |
Do the Circuit Courts' different tests used to determine custody status for purposes of Miranda lead to inconsistent results? |
| 21-5202 |
Esteban Figueroa-Larrea v. United States |
Ninth Circuit |
2021-07-23 |
Denied |
Response WaivedIFP |
contested-element criminal-procedure district-court jury-charge jury-instruction jury-instructions legal-scope plain-error standard-of-review trial-court-error trial-procedure |
Whether the district court plainly erred by misadvising the jury about the legal scope of the sole contested element at trial |
| 21-5203 |
Ibrahim Akasha Abdalla, aka Ibrahim Akasha v. United States |
Second Circuit |
2021-07-23 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-prosecution due-process extraterritorial-jurisdiction fifth-amendment foreign-national personal-jurisdiction |
What level of contact with the United States must a foreign national who never entered this country and committed the offense conduct solely outside o… |
| 21-97 |
Anne Georges Telasco v. The Florida Bar |
Eleventh Circuit |
2021-07-23 |
Denied |
Response Waived |
civil-rights criminal-procedure defamation due-process ex-parte-judgment false-criminal-report felony-conviction florida-bar free-speech sovereign-immunity standing |
Whether Sovereign Immunity is inapplicable to Telasco's Defamation Action |
| 21-5166 |
Leobardo Valladares v. Craig Koenig, Warden |
Ninth Circuit |
2021-07-22 |
Denied |
Response WaivedIFP |
criminal-procedure cumulative-error due-process evidentiary-hearing first-degree-murder ineffective-assistance jury-instructions reasonable-doubt standard-of-proof sufficiency-of-evidence |
Did the Prosecution Fail to Prove Beyond a Reasonable Doubt That Valladares Committed First Degree Murder? |
| 21-5172 |
Mayra Vanessa Gandara Escarcega v. United States |
Fifth Circuit |
2021-07-22 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5174 |
Domingo Cruz-Miguel v. United States |
Fifth Circuit |
2021-07-22 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent recidivism sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5175 |
Alfredo Jesus Chavez-Portillo v. United States |
Fifth Circuit |
2021-07-22 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5182 |
Pedro Ray Tejeda v. Minnesota |
Minnesota |
2021-07-22 |
Denied |
Response WaivedIFP |
ammunition constitutional-rights criminal-possession criminal-procedure due-process firearm jury-instruction possession trial-procedure unanimous-verdict |
Must my conviction for Ineligible Person in Poss. of Ammo or firearm be reversed, remanded for new trial and or vacated based on Unanimous Verdict iss… |
| 21-5183 |
Robert McMillian v. United States |
District of Columbia |
2021-07-22 |
Denied |
Response WaivedIFP |
brady-evidence california criminal-procedure district-of-columbia due-process evidence-suppression judicial-conflict prosecutorial-misconduct supreme-court |
Whether the opinion of the District of Columbia Court of Appeals concerning the withholding of material Brady evidence is inconsistent with opinions f… |
| 21-5185 |
Lexton Pellew v. United States |
District of Columbia |
2021-07-22 |
Denied |
Response WaivedIFP |
appeal conviction-count criminal-procedure double-jeopardy due-process jury-instruction jury-instructions legal-review sentence-calculation sentencing sentencing-error |
Whether the convictions on counts 13-14 should be vacated due to erroneous jury instructions, given that the 10-year consecutive sentence was derived … |
| 21-5148 |
Gregory Dew v. Lashann Eppinger, Warden |
Sixth Circuit |
2021-07-21 |
Dismissed |
IFP |
actual-innocence constitutional-violation due-process evidence evidence-review gateway-claim house-v-bell newly-supplemented-record procedural-bar |
Is a petitioner denied due process when the courts fail to review all relevant evidence in the overall, newly supplemented record for an actual innoce… |
| 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 |
Whether a trial counsel is to be considered incompetent when s/he fails to consult with their client (the criminal defendant) about their financial ad… |
| 21-5158 |
Miguel Angel Berdeja-Medina v. United States |
Fifth Circuit |
2021-07-21 |
Denied |
Response WaivedIFP |
case-review criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5160 |
Rodney Ledell Carter v. United States |
Fifth Circuit |
2021-07-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process parole sentencing sixth-amendment supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-5161 |
Jamar J. Draper v. Jimmy Martin, Warden |
Tenth Circuit |
2021-07-21 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process exhaustion-of-remedies ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sentencing-mitigation sixth-amendment speedy-trial |
Whether the petitioner should have effective counsel on imposed sentence by right |
| 21-5163 |
Gregory Scott Stephen v. United States |
Eighth Circuit |
2021-07-21 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure eighth-circuit fourth-amendment government-agent private-citizen search-and-seizure search-warrant sentencing-guidelines standing |
Was the United States Court of Appeals for the Eighth Circuit's conclusion that a private citizen can never be established as a government agent absen… |
| 21-81 |
Burt W. Newsome, et al. v. Clark A. Cooper, et al. |
Alabama |
2021-07-21 |
Denied |
Amici (2)Response Waived |
appellate-review civil-claims civil-liability civil-rights criminal-liability criminal-procedure due-process newton-v-rumery release-dismissal |
Whether a release-dismissal order entered in a criminal case is enforceable under the standards set forth in Newton v. Rumery |
| 21-75 |
Ojin Kim v. United States |
Fifth Circuit |
2021-07-21 |
Denied |
Response Waived |
appellate-review criminal-procedure deprivation-of-liberty due-process liberty-deprivation methodology-challenge restitution restitution-order sentencing-guidelines |
Whether a sentence should be reviewable on appeal if the restitution order is not barred from appellate review due to factually insufficient evidence |
| 21-5140 |
Gabriel Elijah Kane Arkinson, aka Daniel Elijahkane Arkinson v. United States |
Ninth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
accomplice-testimony acquittal-standard criminal-procedure due-process evidence motion-for-acquittal ninth-circuit-review rule-29-motion witness-credibility witness-identification |
Whether the presumptive force of the rule that the testimony of an accomplice is sufficient to convict is a lawful substitute for this Court's rules g… |
| 21-5141 |
Terrance Tyrell Edwards v. United States |
Ninth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
commercial-sex-trafficking conclusive-presumption criminal-procedure due-process interstate-commerce jury-instruction jury-instructions plain-error |
Is evidence that establishes only the use of cellular-telephones, internet, hotels sufficient to find the interstate-commerce element for commercial-s… |
| 21-5142 |
Michael Angelo Williams v. United States |
Sixth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea harmless-error ineffective-assistance plea-bargaining sentencing sentencing-enhancement sixth-amendment sixth-circuit withdrawal-of-plea |
Whether Mr. Williams should have been permitted to withdraw his guilty plea |
| 21-5146 |
Antonio Dewayne Adams v. United States |
Tenth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
advisory-guidelines circuit-split criminal-procedure due-process fifth-amendment preponderance-of-the-evidence preponderance-standard sentencing sentencing-guidelines statutory-maximum |
Whether the Tenth Circuit's decision sanctioning a preponderance of the evidence standard to find criminal acts that nearly doubled the advisory sente… |
| 21-5133 |
Michael Skillern v. United States |
Eleventh Circuit |
2021-07-19 |
Denied |
Response WaivedIFP |
certiorari coa criminal-defendant criminal-procedure due-process eleventh-circuit geders-rule geders-v-united-states habeas-corpus right-to-counsel supreme-court trial-recess |
Does the Eleventh Circuit's rule in Crutchfield v. Wainwright abrogate or modify the Supreme Court decision in Geders v. United States, and if not, is… |
| 21-5135 |
Michael Ray Orr v. Texas |
Texas |
2021-07-19 |
Denied |
Response WaivedIFP |
closing-argument criminal-procedure defendant-rights demeanor fifth-amendment prosecutorial-misconduct self-incrimination trial-procedure |
Did the trial court err by denying Mr. Orr's objection to improper closing argument by the prosecutor? |
| 21-69 |
John Allison Huckabay v. Idaho |
Idaho |
2021-07-19 |
Denied |
Amici (2)Response Waived |
14th-amendment constitutional-rights criminal-law criminal-procedure due-process felonies felony-prosecution public-welfare-offenses scienter scienter-requirement |
Whether the 14th Amendment's Due Process Clause requires a scienter element for felonies that are not public welfare offenses and carry serious penalt… |
| 21-5114 |
Mario Daniels v. Florida |
Florida |
2021-07-16 |
Denied |
IFP |
aggravated-assault criminal-conviction criminal-procedure due-process jury-determination separation-of-powers sixth-amendment statutory-interpretation substantive-rights |
Whether the First District Court of Appeals unauthorized abrogation of an Essential Element of the statutory offense of Aggravated Assault deprived Da… |
| 21-5117 |
Christopher Allan Allred v. Washington |
Ninth Circuit |
2021-07-16 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-provisions constitutional-rights criminal-procedure due-process equal-protection fair-trial jurisdiction jury-selection standing |
Whether the Harless v. Calbeaia filing, Can rhebes, if they so choose, substitute a preliminary hearing for a grand jury, by determining whether prose… |
| 21-60 |
Logan Brooks Drinkard v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-07-16 |
Denied |
Response Waived |
constitutional-law criminal-conviction criminal-procedure double-jeopardy greater-offense jury-verdict lesser-included-offense |
Whether constitutional double jeopardy principles prohibit a conviction on a greater offense when the jury found the defendant not guilty of a lesser … |
| 21-63 |
Terrance Miles v. Belinda Sanchez, Acting Warden |
Sixth Circuit |
2021-07-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
evidence evidence-availability government-delay government-responsibility pre-trial-imprisonment prejudice rehabilitation sixth-amendment speedy-trial trial-postponement |
Whether the government's responsibility for delays in obtaining evidence weighs against the government in a Sixth Amendment speedy-trial analysis |
| 21-5098 |
Hal Herring Brown, Jr. v. United States |
Fourth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure fourth-circuit ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud |
Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of his conviction for securi… |
| 21-5110 |
Junior Jean Baptiste v. United States |
Eleventh Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
18-U.S.C.-3553(a) advisory-guidelines appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasoned-decision sentencing sentencing-guidelines |
Should the sentencing judge be required to address relevant sentencing factors and provide a reasoned basis for discounting valid grounds for variance… |
| 21-5111 |
Joenell L. Rice v. United States |
Sixth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-procedure due-process federal-sentencing-guidelines judicial-discretion post-conviction-relief sentencing sentencing-guidelines sixth-circuit time-served |
Whether the district court and court of appeals erred in imposing a harsh sentence on the petitioner without proper grounds |
| 21-5122 |
Juan Angel Velasquez-Canales v. United States |
Fourth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court-discretion felony-enhancement guideline-interpretation immigration prior-conviction prior-convictions sentencing-enhancements sentencing-guidelines statutory-interpretation |
Whether the district court erred in applying a six-level enhancement under Section 2L1.2(b)(2)(C) of the Sentencing Guidelines |
| 21-5123 |
Terence L. Thomas v. United States |
Tenth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
appeal-process civil-procedure civil-rights constitutional-law criminal-procedure due-process judicial-review legal-interpretation standing supreme-court writ-of-certiorari |
What is the due process for appealing a denial of a writ of certiorari? |
| 21-5124 |
Derrick Wilson v. United States |
Second Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights constitutional-rights criminal-procedure due-process due-process-clause evidence-fabrication government-misconduct habeas-corpus miller-el-standard standing |
Did the Court of Appeals err in concluding that Petitioner's Certificate of Appealability had not 'made a substantial showing of the denial of a const… |
| 21-5125 |
Reginald Lamont Thomas v. United States District Court for the Eastern District of California |
Ninth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
age-consideration civil-procedure criminal-procedure due-process judicial-council judicial-suspension retroactive-application sentencing-limits statutory-interpretation suspension time-limits |
How can the judicial council for the Ninth Circuit ratify an application to suspend the time limits of 18 U.S.C. § 3161 for the Eastern District of Ca… |
| 21-5091 |
Brian Dunkley v. Shawn Phillips, Warden |
Sixth Circuit |
2021-07-14 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington |
Whether the Sixth Circuit Court of Appeals has entered a decision in conflict with decisions of another United States court of Appeals on the same imp… |
| 21-5102 |
Jaime Meza v. United States |
Fifth Circuit |
2021-07-14 |
Denied |
Response WaivedIFP |
appellate-review brady-v-maryland brady-violation commerce-clause constitutional-challenge criminal-procedure due-process government-misconduct judicial-review materiality suppressed-evidence |
Whether a defendant seeking relief under Brady v. Maryland is entitled to have some court review the suppressed information to determine materiality |
| 21-5104 |
John G. Tomes, Jr. v. United States |
Sixth Circuit |
2021-07-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3582 compassionate-release criminal-justice criminal-procedure due-process extraordinary-circumstances judicial-discretion sentencing-disparities sentencing-guidelines sentencing-reduction sentencing-reform statutory-interpretation |
Whether 'Extraordinary and Compelling Reasons' to Reduce a Defendant's Sentence under 18 U.S.C. § 3582(c)(1)(A)(i) may be based on any Factor a Court … |
| 21-5106 |
Logan Viquesney v. United States |
Tenth Circuit |
2021-07-14 |
Denied |
Response WaivedIFP |
conviction criminal-procedure due-process indictment jury-instructions legal-sufficiency notice state-offense sufficiency-of-evidence |
Whether the Court can sustain a conviction when a required element of the state offense is not charged in the indictment |
| 21-5108 |
Victor Willis v. Illinois |
Illinois |
2021-07-14 |
Denied |
IFP |
8th-amendment civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability juvenile-sentencing life-without-parole |
Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has been determined to be intelle… |
| 21-41 |
James Allen Jackson v. Texas |
Texas |
2021-07-13 |
Denied |
Response Waived |
closing-argument constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-due-process racist-testimony right-to-silence trial-counsel wiccan-testimony |
Was petitioner denied effective-assistance-of-counsel,racist-testimony,wiccan-testimony,right-to-silence,closing-argument,prejudice |
| 21-43 |
Moe M. Al-Dolemy v. Michigan |
Michigan |
2021-07-13 |
Denied |
|
appellate-review conviction conviction-review court-of-appeals criminal-procedure due-process judicial-procedure legal-error michigan-court-of-appeals record-contradiction record-evidence |
Did the Michigan Court of Appeals commit reversible error through issuing a opinion affirming Petitioner's conviction where the opinion is contradicte… |
| 21-5077 |
Herbert Jonathan Castillo Juarez and Paola Valenzuela Arevalo v. United States |
Eleventh Circuit |
2021-07-13 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-crimes drug-type knowledge-requirement mens-rea rehaif-v-united-states sentencing sentencing-guidelines statutory-interpretation ussg-2d1.1 |
Whether the government is required to prove a defendant's mens rea and knowledge with respect to the requisite drug type for penalties under Title 21 … |
| 21-5079 |
Donnell Bledsoe v. Richard J. Guiliani, Judge, Superior Court of California, San Joaquin County, et al. |
Ninth Circuit |
2021-07-13 |
Denied |
Relisted (2)IFP |
42-usc-1983 civil-rights color-of-law criminal-procedure due-process qualified-immunity |
Whether Section 242 of Title 18 of the United States Code provides a remedy for the deprivation of constitutional rights under color of law |
| 21-5085 |
David James Lola v. Florida |
Florida |
2021-07-13 |
Denied |
IFP |
14th-amendment 6th-amendment appellate-review civil-rights competence constitutional-rights criminal-procedure due-process fifth-amendment judicial-system |
Does due process under the Sixth and Fourteenth Amendments require a presumption of competence for a criminal defendant to proceed pro se, such that a… |
| 21-5087 |
Zachary Gage Pebley v. United States |
Tenth Circuit |
2021-07-13 |
Denied |
Response WaivedIFP |
authentication chain-of-custody criminal-procedure deepfakes digital-evidence digital-recordings due-process voice-identification |
Whether the government's burden of establishing authentication and chain of custody for digital recordings is sufficient to protect a criminal defenda… |
| 21-5089 |
Martin Thomas Lawrence v. United States |
Eighth Circuit |
2021-07-13 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing sentencing-exposure sixth-amendment trial-counsel |
Whether, in light of trial counsel's express admission that he underestimated Petitioner's sentencing exposure if he went to trial, this Court should … |
| 21-5095 |
Melissa Elizabeth Lucio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-13 |
Denied |
Amici (2)IFP |
arbitrary-exclusion civil-rights criminal-procedure due-process evidence-exclusion evidentiary-standards expert-testimony false-confession right-to-defense right-to-present-defense |
Whether the exclusion of defense evidence that could have cast doubt on the defendant's false confession violated the defendant's clearly established … |
| 21-5096 |
Jaime Martinez-Rojas v. United States |
Fifth Circuit |
2021-07-13 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-39 |
Benjamin Ramirez Ruiz v. California |
California |
2021-07-12 |
Denied |
Response Waived |
child-protective-services confrontation-clause crawford-v-washington criminal-procedure evidence-law ongoing-emergency sixth-amendment testimonial-evidence testimonial-statement |
Was a statement made to a child protective services investigator testimonial for the purposes of the Sixth Amendment Confrontation Clause |
| 21-40 |
Lumbsden A. Sangster v. Anthony Valencia |
California |
2021-07-12 |
Denied |
Response WaivedRelisted (2) |
civil-procedure civil-rights defamation evidence evidence-tampering fair-report-privilege free-speech police-communication press-communication section-47 |
Whether the fair report privilege applies to a private communication between a police officer and a member of the press in a defamation case |
| 21-5072 |
Roque Saenz-Quintela v. United States |
Fifth Circuit |
2021-07-12 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5076 |
Charlene Terry-Ann Walker Rosa v. Florida |
Eleventh Circuit |
2021-07-12 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel judicial-process |
Whether the prior criminal proceeding violated the accused's due process rights |
| 21-5083 |
Corbin J. Breitenbach v. Kansas |
Kansas |
2021-07-12 |
Denied |
IFP |
appellate-review constitutional-law criminal-procedure discovery dna-testing due-process evidence habeas-corpus judicial-procedure |
Did the District Court abuse its discretion in denying Bieberlach's request for independent DNA testing? |
| 21-5061 |
Henry Johnson Lucas, Jr. v. Virginia |
Virginia |
2021-07-09 |
Denied |
IFP |
appeals appellate-procedure constitutional-challenge criminal-procedure due-process federal-court fourteenth-amendment legal-interpretation standing supreme-court-rules virginia-law |
Whether the due process clause of the Fourteenth Amendment requires the Commonwealth of Virginia to provide a criminal defendant with a meaningful opp… |
| 21-5062 |
Ricardo Burgos v. United States |
Seventh Circuit |
2021-07-09 |
Denied |
Response WaivedIFP |
civil-rights-restoration criminal-procedure due-process evidentiary-hearing felon-in-possession plain-error rehaif-standard rehaif-v-united-states |
Whether the district court erred in refusing to grant an evidentiary hearing under 28 U.S.C. § 2255 where the defendant asserted he did not know he wa… |
| 21-5063 |
Sammy Cano v. Illinois |
Illinois |
2021-07-09 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-seizure due-process evidence ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt sentencing sentencing-discretion witness-credibility witness-testimony |
Whether the State failed to prove guilt beyond a reasonable doubt |
| 21-5068 |
Leonard Griffin v. United States |
Fifth Circuit |
2021-07-09 |
Denied |
Response WaivedIFP |
age compassionate-release covid-19 criminal-procedure district-court-discretion family-circumstances federal-statute health-conditions motion-for-relief race sentencing |
Whether the district court erred by denying Mr. Griffin's Motion for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A) |
| 21-5071 |
Gigi Fairchild Littlefield v. California |
California |
2021-07-09 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights covid-19 criminal-procedure due-process judicial-interpretation prison-reform prosecutorial-discretion sentencing-guidelines standing systemic-injustice |
Whether the State of California's Department of Corrections has ignored a court ruling that jeopardized the lives and caused injuries and deaths of ma… |
| 21-25 |
Richard Janusz v. Illinois |
Illinois |
2021-07-09 |
Denied |
|
arraignment arraignment-delay constitutional-rights criminal-procedure delay due-process fourteenth-amendment speedy-trial |
Whether a defendant is denied due process of the fourteenth amendment where his arraignment is delayed for 630 days after arrest |
| 21-20 |
Jack Albert Chappell v. United States |
Eighth Circuit |
2021-07-08 |
Denied |
Response Waived |
brady-violation criminal-procedure due-process evidence-disclosure evidence-handling fair-trial government-witness prosecutorial-misconduct witness-testimony |
Whether prosecutorial misconduct and mishandling of evidence constitutes a Brady violation when the government failed to disclose critical information… |
| 21-5037 |
Derrick Vaughn v. United States |
Seventh Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial in-court-identification prosecutorial-misconduct right-to-counsel sixth-amendment |
Whether improper in-court identifications performed at the behest of the prosecution deprived Petitioner Derrick Vaughn of his right to a fair trial |
| 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… |
| 21-5042 |
John Shields v. United States |
Sixth Circuit |
2021-07-08 |
Denied |
IFP |
controlled-substance criminal-procedure double-jeopardy evidence guilty-plea money-laundering plain-error waiver waiver-doctrine |
Whether the Sixth Circuit's blanket policy of relying on the waiver doctrine conflicts with this Court's plain-error-jurisprudence |
| 21-5043 |
Carlos Amador Saragoza-Botello v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent legal-challenge sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5044 |
Ncholeion Kashana Hollie v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
abduction abduction-definition change-in-location circuit-split criminal-procedure federal-sentencing robbery robbery-enhancement sentencing-guidelines ussg-2b3.1 |
Whether the Robbery guideline 'abduction' enhancement under USSG § 2B3.1(b)(4)(A) requires moving a person to a place separate from the site of the ro… |
| 21-5045 |
Colvis Jerrod Higgins v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
alcohol-prohibition criminal-procedure drug-treatment due-process judicial-discretion plain-error sentencing sentencing-conditions special-conditions substance-abuse supervised-release |
Did the district court plainly err when it imposed a special condition of supervised release requiring Mr. Higgins to abstain from alcohol and to atte… |
| 21-5047 |
Michael Carter v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553a criminal-procedure criminal-sentencing discretionary-review district-court-discretion first-step-act individualized-explanation sentence-reduction sentencing-factors statutory-interpretation |
Are district courts required to consider the sentencing factors listed in 18 U.S.C. § 3553(a) when deciding whether to impose a reduced sentence under… |
| 21-5049 |
Yancey J. Myers, aka Yam v. United States |
Eighth Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction criminal-procedure due-process fatal-variance judicial-integrity plain-error reversible-error standard-of-review |
When the as facto elauee is nic hed ae Ee eit 2 '5 obviously plain, does this error, reguire a reversal of Seog! criminal Conv aha |
| 21-5053 |
Hernando Javier Vergara v. United States |
Eleventh Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment amendment-challenge constitutional-scrutiny criminal-procedure criminal-sentencing due-process jury-trial retroactive-application retroactivity supervised-release |
Should the Haymond ruling be considered retroactive? |
| 21-5054 |
Kevin Antonio Watson v. Virginia |
Virginia |
2021-07-08 |
Denied |
IFP |
appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus ninth-circuit prosecutorial-misconduct reasonable-doubt sufficiency-of-evidence |
Whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the Commonwealth of Vir… |
| 21-5055 |
Bobby Wilson, Jr. v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-law criminal-procedure due-process plea-agreement |
Can a criminal defendant's appeal be dismissed based on a written waiver even though the government breached its plea agreement that induced the plea … |
| 21-5058 |
Joseph Andrew Phipps v. Neil McDowell, Warden |
Ninth Circuit |
2021-07-08 |
Denied |
IFP |
14th-amendment 5th-amendment aedpa criminal-procedure due-process equal-protection jury-instructions lesser-included-offenses |
Does Petitioner have a due process right to jury instructions on lesser included offenses? |
| 21-5029 |
Antonio Domingo-Morales v. United States |
Fifth Circuit |
2021-07-07 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5032 |
Paris Poe v. United States |
Seventh Circuit |
2021-07-07 |
Denied |
Response WaivedIFP |
daubert daubert-standard evidence evidence-admissibility expert-testimony feature-comparison federal-rules-of-evidence reliability-standard scientific-methodology scientific-reliability subjective-feature-comparison |
Whether Daubert v. Merrell Dow Pharmaceuticals, Inc. and Federal Rule of Evidence 702 require lower courts to properly analyze the admissibility of ev… |
| 21-5038 |
Donnell Bledsoe v. Stockton Police Department, et al. |
Ninth Circuit |
2021-07-07 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-law criminal-procedure due-process excessive-force exclusionary-rule fourth-amendment police-misconduct qualified-immunity search-and-seizure section-1983 |
Whether the Fourteenth Amendment and 42 U.S.C. § 1983 prohibit law enforcement officers from using excessive force against individuals who are handcuf… |
| 21-5014 |
John Bruce Fifield, Jr. v. United States |
Tenth Circuit |
2021-07-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-history criminal-procedure judicial-notice plain-error sentencing sentencing-guidelines standard-of-review |
Whether a court of appeals may consider judicially noticeable facts presented for the first time on appeal in deciding whether an error is plain? |
| 21-5016 |
Salvador Acosta v. United States |
Ninth Circuit |
2021-07-06 |
Denied |
IFP |
appellate-review criminal-knowledge criminal-law drug-statutes evidence harmless-error mens-rea sentencing sentencing-enhancement testimony |
Whether a federal court of appeals can reject a defendant's testimony denying the requisite criminal knowledge as implausible in determining that a pr… |
| 21-5004 |
Bo Daniel Shafer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-02 |
Denied |
IFP |
appellate-review criminal-procedure district-court due-process habeas-corpus ineffective-assistance-of-counsel trial-counsel trial-procedure voir-dire witness-testimony |
Did the federal district court erroneously conclude that Bo Shafer's IAC claim regarding his trial counsel's performance during voir dire was without … |
| 21-5009 |
Eddie Tarver v. Maryland |
Maryland |
2021-07-02 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review authentication cell-phone-evidence civil-procedure evidence evidence-authentication harmless-error judicial-discretion photographic-evidence |
Whether the Court of Special Appeals abused its discretion by deciding that the Circuit Court's error, admitting in evidence certain pictures from a c… |
| 20-8467 |
Cyrus Casby v. United States |
Fifth Circuit |
2021-07-01 |
Denied |
Response WaivedIFP |
chain-of-custody civil-rights constitutional-standards criminal-procedure dna-evidence due-process evidence-contamination expert-qualification expert-testimony scientific-procedure testing-guidelines |
Whether the contaminated exonerating evidence was misused to convict |
| 20-8468 |
Deborah Petty v. United States |
Fifth Circuit |
2021-07-01 |
Denied |
Response WaivedIFP |
aggravated-identity-theft criminal-procedure criminal-venue district-court due-process identity-theft interstate-crime jurisdiction venue |
Was venue proper in the Northern District of Texas when the crimes were actually committed in Nevada and Florida? |
| 20-8472 |
Rocky Leandro Orosco v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-01 |
Denied |
IFP |
criminal-procedure direct-appeal due-process evidence-suppression exclusionary-rule fourth-amendment ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress warrantless-search |
Is Mr. Orosco entitled to a hearing to challenge the 'obtainment' of his cell phone? |
| 20-8477 |
Stephen Aguiar v. United States |
Second Circuit |
2021-07-01 |
Denied |
Response WaivedIFP |
appellate-procedure article-three case-or-controversy civil-rights constitutional-law criminal-procedure due-process judicial-review sentencing standing supervised-release |
Whether the Second Circuit wrongly dismissed petitioner's appeal prematurely as moot before allowing him the opportunity to show that his appeal meets… |
| 20-1825 |
Jeffrey McClatchy v. Texas |
Texas |
2021-07-01 |
Denied |
|
brady-disclosure brady-v-maryland criminal-procedure due-process exculpatory-evidence guilty-plea plea-bargaining prosecutorial-misconduct united-states-v-ruiz |
Whether due process entitles a defendant to exculpatory information pre-plea |
| 20-1819 |
Lawrence B. Hughes v. Georgia |
Georgia |
2021-06-30 |
Denied |
|
14th-amendment criminal-procedure due-process indictment indictment-clarity jury-charge jury-instructions prosecutorial-misconduct self-defense standard-of-review |
Is it a requirement for an indictment to be clear and precise? |
| 20-8446 |
Hewitt A. Grant, II v. Florida |
Florida |
2021-06-30 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process federal-procedure fifth-amendment judicial-review jurisdiction legal-interpretation procedural-rules retrial united-states-law |
Whether the Double Jeopardy Clause of the Fifth Amendment bars the retrial of the petitioner after the trial court's erroneous dismissal of the charge… |
| 20-8450 |
Ronald Anthony Gomez v. Christian Pfeiffer, Warden, et al. |
Ninth Circuit |
2021-06-30 |
Denied |
IFP |
apodaca-v-oregon criminal-procedure due-process fourteenth-amendment habeas-corpus jury-unanimity schad-v-arizona sixth-amendment |
Does a state trial court's failure to give a unanimity instruction to a jury in a criminal trial raise a debatable valid claim of the denial of a cons… |
| 20-8451 |
J. P. v. Arkansas |
Arkansas |
2021-06-30 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure directed-verdict due-process motion-for-directed-verdict preservation-of-error procedural-due-process state-criminal-procedure trial-preservation |
Does the State of Arkansas's strict interpretation and enforcement of a procedural rule which requires criminal defendants to identify the specific fl… |
| 20-8458 |
Patrick Eugene Stein v. United States |
Tenth Circuit |
2021-06-30 |
Denied |
IFP |
civil-rights criminal-procedure district-court due-process jury-act jury-selection standing tenth-circuit weapon-of-mass-destruction |
Does this practice substantially violate the plain language of the Jury Act under 28 U.S.C. § 1861, and was the Tenth Circuit Court of Appeals wrong t… |
| 20-8460 |
Marcus Snipes v. Florida |
Florida |
2021-06-30 |
Denied |
IFP |
Apprendi-rule constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-determination jury-trial sentencing statutory-interpretation statutory-maximum |
Whether the state can avoid Apprendi's reach by writing its penal statutes so that a fact that increases the penalty for a crime instead becomes a fac… |
| 20-8443 |
Jacobie A. Green v. Louisiana |
Louisiana |
2021-06-29 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-statement due-process evidence jury-charge jury-instructions motion-to-quash photographic-evidence right-to-counsel state-created-impediment trial-court-discretion |
Whether the trial court erred in admitting the defendant's statement, denying the motion to quash the superseding indictment, admitting speculative ph… |
| 20-8444 |
Dustin Melvin Davison v. Oklahoma |
Oklahoma |
2021-06-29 |
Denied |
IFP |
autonomy constitutional-rights criminal-procedure defendant-autonomy defense-counsel due-process effective-assistance-of-counsel guilt-concession right-to-counsel sixth-amendment trial-strategy |
Is it unconstitutional to allow defense counsel to concede any aspect of guilt over defendant's unambiguously expressed desire to maintain actual inno… |
| 20-8445 |
Christian Kalen Crawford v. Florida |
Florida |
2021-06-29 |
Denied |
IFP |
4th-amendment 5th-amendment blood-draw criminal-procedure detention due-process fourth-amendment probable-cause search-and-seizure traffic-stop |
Whether law enforcement officers may extend the detention of a driver involved in an accident resulting in the death of another person in order to wai… |
| 20-8453 |
Devonte Jaishun Tucker v. United States |
Eleventh Circuit |
2021-06-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion mitigation preservation preservation-of-error sentencing sentencing-discretion |
Whether a defendant must object to sentencing court's failure to consider a nonfrivolous mitigation argument in order to preserve the issue for appeal |
| 20-1814 |
Donnie Rudd v. Illinois |
Illinois |
2021-06-29 |
Denied |
|
arrest-warrant criminal-complaint criminal-procedure prosecutorial-involvement right-to-counsel rothgery-v-gillespie sixth-amendment |
Whether the Court's decision in Rothgery v. Gillespie eliminates attachment of an individual's Sixth Amendment right to counsel prior to his appearanc… |
| 20-1808 |
Adam E. Billings v. United States |
Eighth Circuit |
2021-06-28 |
Denied |
Response Waived |
circuit-split criminal-procedure due-process eighth-circuit kisor-v-wilkie sentencing-guidelines supreme-court-precedent united-states-v-booker united-states-v-roach |
Whether the Sentencing Guidelines §2D1.1 Application Note 4 violates procedural due process |
| 20-8425 |
Phillip L. Carson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-06-28 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment brady-v-maryland constitutional-rights criminal-procedure defendant-rights due-process evidence-admissibility giglio-v-united-states judicial-precedent supreme-court-review |
Whether the 5th and 14th Amendments still guarantee a defendant (vs. citizen) the right to due process of law? |
| 20-8435 |
Vladimir Eugene v. Florida |
Florida |
2021-06-28 |
Denied |
Response WaivedIFP |
6th-amendment confrontation-clause due-process equal-protection evidence fair-trial fourteenth-amendment hearsay ineffective-assistance non-hearsay-purpose |
Whether otherwise inadmissible nontestimonial hearsay admitted for non-hearsay purpose and thereafter used for their truth as substantive evidence vio… |
| 20-8438 |
Michael A. Livingston v. Alabama |
Alabama |
2021-06-28 |
Denied |
IFP |
2nd-amendment civil-rights criminal-procedure due-process free-speech takings |
Whether the Petitioner's constitutional rights under the First, Second, Fourth, Fifth, and Fourteenth Amendments were violated |
| 20-8439 |
Francisco Coto-Mendoza v. United States |
Fifth Circuit |
2021-06-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court district-court-review guideline-range judicial-discretion objection plain-error sentencing sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to address substantial arguments for a sentence outside the Guideline range,… |
| 20-8440 |
Jerry Douglas, Jr. v. United States |
Fourth Circuit |
2021-06-28 |
Denied |
Response WaivedIFP |
criminal-procedure federal-question felon-in-possession felon-possession jury-instruction justification-defense minor-child-safety minor-protection second-amendment |
Is a defendant entitled to a justification jury instruction on a charge of possession of ammunition in commerce by a felon when the defendant is actin… |
| 20-8415 |
Demario Deshawn Simpson v. United States |
Sixth Circuit |
2021-06-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
count-specific-plea criminal-indictment criminal-procedure due-process federal-rules-criminal-procedure jurisdiction partial-guilty-plea plea-bargaining plea-entry sentencing-guidelines sixth-amendment |
Whether a defendant has a right under the Federal Rules of Criminal Procedure to enter a partial guilty plea (without a plea agreement or any plea bar… |
| 20-8416 |
Raul Ramos v. United States |
Fifth Circuit |
2021-06-25 |
Denied |
Response WaivedIFP |
confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process hearsay-evidence sentencing-guidelines sixth-amendment united-states-v-haymond |
Whether the district court's reliance on hearsay evidence to impose a guideline sentence of life violates Ramos's right to confront and cross-examine … |
| 20-8421 |
Braulio Perez v. United States |
Eleventh Circuit |
2021-06-25 |
Denied |
IFP |
4th-amendment 5th-amendment 6th-amendment 911-call armed-career-criminal body-camera body-camera-footage constitutional-rights'\n'Issue 4 criminal-history criminal-law criminal-procedure criminal-procedure'\n'Issue 2 criminal-procedure'\n'Issue 3 criminal-procedure'\n'Issue 4 enhancement evidence fair-trial fifth-amendment firearm fourth-amendment motion-to-suppress search-and-seizure self-incrimination sentencing sentencing-enhancement statements statutory-interpretation witness witness-testimony |
Issue 1 |
| 20-8422 |
Wayne Porter v. United States |
Fourth Circuit |
2021-06-25 |
Denied |
Response WaivedIFP |
appellate-review conspiracy-conviction criminal-enterprise criminal-procedure double-jeopardy due-process sentencing sentencing-guidelines statutory-interpretation supervisory-power |
Whether the Fourth Circuit Court of Appeals' sanctioning of the district court's refusal to correct errors and conclusions of facts from the Fourth Ci… |
| 20-8424 |
James Erik Godiksen v. United States |
Second Circuit |
2021-06-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure expert-testimony harmless-error judicial-discretion jury-instructions jury-note prejudice trial-procedure |
Did the Court of Appeals improperly conclude that the District Court's mishandling of a jury note and replaying only a portion of the defense expert's… |
| 20-8399 |
Clarence O. Hopkins v. Illinois |
Illinois |
2021-06-24 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus habitual-criminal mandatory-supervised-release pre-trial-detention sentencing speedy-trial |
Whether the denial of post-conviction relief violated the Petitioner's due process rights under the Fourteenth Amendment |
| 20-8400 |
Daryl Wendell Barley v. United States |
Fourth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
clear-and-convincing-evidence criminal-procedure effective-assistance-of-counsel evidence-standard first-step-act preponderance-of-evidence relevant-conduct sec-404 sentencing-reduction sixth-amendment |
Whether the 'clear and convincing evidence standard' should be used instead of the 'preponderance of evidence standard' when determining the relevant … |
| 20-8414 |
Cynthia Stiger v. United States |
Fifth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
alternate-jurors bias circuit-split criminal-procedure due-process health-care-fraud judicial-discretion juror-bias jury-selection restitution-liability supervised-release |
Did the Fifth Circuit err in holding that the district court did not abuse its discretion in refusing to strike a juror during trial based on perceive… |
| 20-8428 |
Joseph George v. M. Eliot Spearman, Warden, et al. |
Ninth Circuit |
2021-06-24 |
Denied |
IFP |
confrontation-clause criminal-procedure due-process evidence expert-testimony sixth-amendment |
Whether the evidence and expert testimony presented at trial was sufficient to satisfy the Confrontation Clause of the Sixth Amendment |
| 20-8429 |
Christopher Forman v. Pennsylvania |
Pennsylvania |
2021-06-24 |
Denied |
Response WaivedIFP |
14th-amendment burglary conspiracy criminal-procedure due-process fourteenth-amendment sentencing |
Did the Commonwealth of Pennsylvania defy the due process clause of the Fourteenth Amendment by permitting a conviction and unlawful sentence on an of… |
| 20-8430 |
Samuel Gayden v. Illinois |
Illinois |
2021-06-24 |
Denied |
IFP |
chain-of-custody criminal-procedure dna-evidence evidence-admissibility fair-trial ineffective-assistance jury-instructions lay-opinion prosecutorial-misconduct trial-procedure witness-identification |
Whether the State misused DNA evidence to link Petitioner to the weapon used in the offense, and to alleged threatening letters sent from the Cook Cou… |
| 20-8431 |
Brandon Kendale Dudley v. United States |
Fourth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
advisory-guidelines constitutional-law criminal-procedure due-process evidence-standard judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines |
Whether the use of the preponderance of the evidence standard at sentencing to substantially enhance a criminal defendant's advisory guideline range c… |
| 20-8389 |
Asa Lea, aka Asa Lorenzo-Lamiyah Lea v. United States |
District of Columbia |
2021-06-23 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court-error exclusionary-rule illegal-evidence judgment-of-acquittal motion-for-new-trial motion-to-suppress search-and-seizure tangible-evidence |
Whether the District Court erred by denying Mr. Lea's Motion to Suppress Illegal Tangible Evidence? |
| 20-8390 |
Gary L. Workman v. Jason Kent, Warden |
Fifth Circuit |
2021-06-23 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel police-misconduct prosecutor-misconduct right-to-counsel witness-subpoena |
Was Petitioner denied his right to compel witnesses |
| 20-8392 |
Dmitry Pronin v. Troy Johnson, et al. |
Fourth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
civil-rights due-process evidence federal-rules-of-civil-procedure mistake new-trial |
Must Petitioners attorneys' mistake or inadvertence in not introducing evidence of history of retaliation from the side of at least one of the Defenda… |
| 20-8393 |
Robert Steven McDaniel v. Georgia |
Georgia |
2021-06-23 |
Denied |
IFP |
civil-rights constitutional-rights counsel-error criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies right-to-appeal |
Whether the defendant's due process rights were violated by the denial of his right to appeal an out-of-time appeal |
| 20-8395 |
Luis Bernal-Villareal v. United States |
Ninth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
average-participant criminal-procedure drug-importation lower-courts minor-role sentencing-guidelines ussg-3b1.2 ussg-analysis |
Whether managers and supervisors should be considered 'average participants' for USSG § 3B1.2 minor role analysis |
| 20-8402 |
Daniel Chica-Gutierrez v. United States |
Fifth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
affirmative-defense collateral-attack criminal-procedure custis-rule federal-statutory-provision sentencing sentencing-commission sentencing-guidelines state-court-conviction statutory-interpretation |
Whether a federal court is permitted to consider an argument that a prior state-court conviction does not satisfy a relevant federal statutory provisi… |
| 20-8405 |
Robert Allen Vestal v. United States |
Fifth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-8407 |
Daniel Littlepage v. Tim Shoop, Warden |
Sixth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
aggravated-murder criminal-procedure due-process orc-2945.06 plea-bargaining post-release-control sentencing three-judge-panel |
Is the Petitioner's Due Process Rights Violated Due to the Violation of O.R.C. 2945.06, requiring a Three-Judge Panel for Aggravated Murder? |
| 20-8354 |
Lewis Wesley Hickman, III v. United States |
Fourth Circuit |
2021-06-22 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure due-process evidence-challenge felony-conviction judicial-review mandatory-minimum plea-bargaining sentencing-disparities sentencing-enhancements sentencing-guidelines |
Whether the sentencing enhancements were properly applied |
| 20-8355 |
Jason Kyle Gee v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-06-22 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection jackson-v-virginia jury-deliberations racial-bias standard-of-review sufficiency-of-evidence verdict-challenge |
Is it a violation of the Fourteenth Amendment's Due Process and Equal Protection Clauses for a state to convict a person of a crime where the elements… |
| 20-8378 |
Michael R. Gore, Jr. v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2021-06-22 |
Denied |
IFP |
criminal-procedure faretta self-representation sixth-amendment voir-dire waiver |
Is the right to self-representation violated when a defendant is not afforded voir dire under the U.S. Supreme Court's decision in Faretta to determin… |
| 20-8381 |
Christian Diaz v. Scott Frauenheim, Warden |
Ninth Circuit |
2021-06-22 |
Denied |
IFP |
civil-rights confrontation counsel-obligations due-process evidence trial-procedure |
Whether the trial court erred in its handling of the evidence presented against the defendant |
| 20-8384 |
Pedro Rodriguez-Calderon v. United States |
Fifth Circuit |
2021-06-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-8386 |
Cheddie Lamar Griffin v. United States |
Eleventh Circuit |
2021-06-22 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure davis-precedent due-process federal-procedure habeas-corpus johnson-rule sentencing statutory-interpretation successive-petition supreme-court |
Whether the circuit panel's decision affirming the denial of the authorized successive 2255 petition was erroneous |
| 20-8387 |
Bruce Lee Felix v. United States |
Sixth Circuit |
2021-06-22 |
Denied |
Response WaivedIFP |
constitutional-delay criminal-procedure judicial-discretion motion-resolution presumptive-prejudice pretrial-motion pretrial-motions speedy-trial tolling trial-procedure united-states-v-tinklenberg |
Is the threshold for presumptive prejudice modified by delay not attributable to the United States, or is it a calendar calculation? |
| 20-1771 |
Charles Simonson v. Borough of Taylor, Pennsylvania, et al. |
Third Circuit |
2021-06-22 |
Denied |
|
circuit-conflict circuit-split criminal-procedure domestic-violence due-process independent-investigation probable-cause warrantless-arrest witness-statement |
Whether the court of appeals erred when it did not require independent corroboration of an estranged-divorcing wife's allegations that her husband att… |
| 20-1772 |
Branden Edward Shumate v. California |
California |
2021-06-22 |
Denied |
Response Waived |
attorney-client-relationship attorney-of-choice criminal-defendant criminal-procedure motion-for-new-trial post-conviction-proceedings right-to-counsel sentencing sixth-amendment trial-court |
whether-a-trial-court-deprives-a-defendant-of-his-right-to-counsel |
| 20-1766 |
In Re John H. Todd |
|
2021-06-21 |
Denied |
Response Waived |
civil-rights confession constitutional-safeguards criminal-investigation due-process evidence evidence-exclusion police-conduct search-warrant |
Does Oregon's conflicting statutes on search warrants provide the same level of constitutional safeguards for suspects in a criminal investigation? |
| 20-8350 |
Curtis Lee Holliman v. Texas |
Texas |
2021-06-21 |
Denied |
IFP |
civil-rights criminal-procedure due-process exculpatory-evidence harmless-error standing |
Whether the state of Texas acknowledged that attorney Kirby Taylor and the petitioner were in a sexual romantic relationship for 10 years prior to the… |
| 20-8352 |
David Alexandre v. United States |
First Circuit |
2021-06-21 |
Denied |
Response WaivedIFP |
4th-amendment circuit-split criminal-activity criminal-procedure fourth-amendment nexus-requirement probable-cause search-warrant supreme-court |
Did the United States Court of Appeals for the First Circuit erroneously hold the government was not required to establish probable cause to the belie… |
| 20-8353 |
Russell Armfield v. Sonja Nicklaus, Warden |
Seventh Circuit |
2021-06-21 |
Denied |
IFP |
bruton-rule bruton-violation civil-rights constitutional-error criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions jury-prejudice prosecutorial-misconduct strickland-claim |
Whether the lack of established federal law or precedent should preclude relief for a defendant when there is no clear constitutional violation |
| 20-8363 |
Outhdorm Ros v. California |
California |
2021-06-21 |
Denied |
Response RequestedRelisted (2)IFP |
criminal-procedure due-process evidence evidence-admission fifth-amendment miranda-rights prosecutorial-argument self-incrimination |
Whether a suspect's silence after arrest but before Miranda warnings can be admitted and commented upon to prove guilt |
| 20-8366 |
Larry Dean Garrett, Jr. v. United States |
Eleventh Circuit |
2021-06-21 |
Denied |
Response WaivedIFP |
coercion confrontation-clause criminal-procedure exclusionary-rule false-statements fourteenth-amendment fourth-amendment jury-bias plea-negotiation search-and-seizure sixth-amendment |
Did the district court err by suppressing evidence illegally seized with a warrant obtained by the use of false statements violating Petitioners' Four… |
| 20-8367 |
Kiera Shanice Graham v. Brooks Benton, Warden |
Georgia |
2021-06-21 |
Denied |
IFP |
constitutional-rights counsel-representation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing voluntary-decision |
Is a defendant's plea valid when counsel misinformed them about the potential sentence? |
| 20-8369 |
Clarence Clark v. United States |
Second Circuit |
2021-06-21 |
Denied |
Response WaivedIFP |
2nd-amendment constitutional-challenge constitutional-law criminal-procedure due-process fifth-amendment guilty-plea plain-error plea-bargaining sentencing sixth-amendment statutory-interpretation |
Whether the Second Circuit Court of Appeals erred in violation of U.S. Const. V and VI as well as this Court's precedent |
| 20-8344 |
Harry Sharod James v. Tom Brickhouse, et al. |
Fourth Circuit |
2021-06-17 |
Denied |
IFP |
criminal-procedure due-process equal-protection evidence-admissibility ex-post-facto grand-jury impartial-jury indictment judicial-discretion trial-rights |
Does the Due Process Clause require any charging element being in the indictment and presented to a Grand Jury? |
| 20-8346 |
Juan Anibal Patrone v. United States |
First Circuit |
2021-06-17 |
Denied |
Response WaivedIFP |
18-usc-922 criminal-procedure due-process harmless-error immigration-status rehaif rehaif-standard sentencing-guidelines statutory-interpretation |
Whether the district court's violation of Rehaif v. United States, 139 S. Ct. 2191 (2019) entitles a defendant to relief, irrespective of whether the … |
| 20-8325 |
Francisco Javier Bermudez-Chavez v. United States |
Fifth Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent sentencing stare-decisis statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-8326 |
Michael Adefemi Adeyemo, aka Adekunle Olufemi Adetiloye v. United States |
Eighth Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
criminal-procedure fifth-amendment incriminating nexus-requirement obstruction-of-justice plea-colloquy self-incrimination separate-offense testimonial |
Whether the Fifth Amendment self-incrimination clause protects a defendant during the change of plea colloquy against compulsory self-disclosure of in… |
| 20-8328 |
Juan E. Seary-Colon v. United States |
First Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-challenge conviction-review criminal-procedure due-process insufficient-evidence legal-sufficiency procedural-review standard-of-review sufficiency-of-evidence |
Whether Evidence was Totally Insufficient for the Conviction to Stand |
| 20-8330 |
Ilmane Charone Campas Strong v. United States |
Fifth Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
commerce-clause constitutional-law criminal-law criminal-procedure due-process federal-jurisdiction firearms judicial-fact-finding mandatory-minimum sixth-amendment supervised-release |
Whether 18 U.S.C. §922(g) permits conviction for the possession of any ammunition that has ever crossed state lines at any time in the indefinite past… |
| 20-8335 |
George A. Christian, Jr. v. Oklahoma |
Oklahoma |
2021-06-16 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure standing |
Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 20-8337 |
Noe Torres v. Dwayne Santistevan, Warden, et al. |
Tenth Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
constitutional-claims court-rules criminal-procedure discretionary-review due-process extension-of-filing-period habeas-corpus ineffective-assistance judicial-misconduct media-coverage procedural-default state-court |
Appealability of habeas corpus denial |
| 20-1754 |
Lawrence Joey Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-06-16 |
Denied |
Response Waived |
appellate-procedure burden-of-proof certificate-of-appealability circuit-court-review criminal-procedure due-process jury-instructions prosecutorial-argument prosecutorial-misconduct reasonable-doubt |
Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt? |
| 20-1732 |
Thomas Bryant, Jr. v. United States |
Eleventh Circuit |
2021-06-15 |
Denied |
Amici (3) |
circuit-split compassionate-release criminal-procedure district-court first-step-act policy-statement sentencing-guidelines statutory-interpretation |
Whether Section 1B1.13 of the United States Sentencing Guidelines is an 'applicable' policy statement that binds a district court in considering a def… |
| 20-8300 |
Lonnie Norton v. Utah |
Utah |
2021-06-15 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-statute due-process jury-trial sentencing statutory-interpretation vagueness-doctrine void-for-vagueness |
Whether Apprendi v. New Jersey, 530 U.S. 466 (2000) and Alleyne v. United States, 570 U.S. 99 (2013) require that when a single statute creates a tier… |
| 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 |
| 20-8307 |
Lamar McKnight v. Josie Gastelo, Warden |
Ninth Circuit |
2021-06-15 |
Denied |
Response WaivedIFP |
confrontation-clause cross-examination due-process evidence expert-testimony gang-enhancement gang-expert jury-instruction natural-probable-consequences right-to-confront testimonial-hearsay |
Should a COA have been granted to decide if the trial court's admission of the gang expert's testimonial hearsay deprived McKnight of his right to con… |
| 20-8312 |
Ronald Delester Burke v. Washington |
Washington |
2021-06-15 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination nurse-examiner sexual-assault sexual-assault-nurse-examiner sixth-amendment testimonial-statements |
Does the Confrontation Clause prohibit a Sexual Assault Nurse Examiner from testifying about statements made during a forensic examination by an adult… |
| 20-8314 |
Timothy Brewer v. Stewart Eckert, Superintendent, Wende Correctional Facility |
Second Circuit |
2021-06-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability child-psychology constitutional-rights evidence fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Court, … |
| 20-8322 |
Fabian Perpall v. United States |
Eleventh Circuit |
2021-06-15 |
Denied |
IFP |
circuit-split contested-issue criminal-evidence criminal-procedure federal-rules-of-evidence not-guilty-plea plea-of-not-guilty prior-bad-acts rule-404(b) rule-404b state-of-mind |
Whether a defendant's plea of not guilty alone makes his prior convictions admissible under Rule 404(b) to show 'state of mind' |
| 20-8282 |
Anthony Herman Lucio v. United States |
Fifth Circuit |
2021-06-14 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity due-process factual-findings findings judicial-discretion presentence-report sentencing-guidelines |
Whether the presentence report's calculations on the quantity of drugs under U.S. Sentencing Guidelines Manual § 2D1.1 attributed to the defendant wer… |
| 20-8293 |
Louis John Fontanez v. United States |
Eighth Circuit |
2021-06-14 |
Denied |
Response WaivedIFP |
§2255-motion 21-usc-841 but-for-causation criminal-procedure due-process expert-witness expert-witnesses habeas-corpus ineffective-assistance-of-counsel penalty-enhancement |
Was counsel constitutionally ineffective because he failed to consult or hire expert witnesses to investigate the but-for causation of the victim's in… |
| 20-8294 |
Markeith Loyd v. Florida |
Florida |
2021-06-14 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law criminal-procedure history-based-re-evaluation jury-rights legal-precedent lockhart-precedent lockhart-v-mccree sixth-amendment trial-by-jury |
Whether this Court should recede from Lockhart v. McCree, 476 U.S. 162 (1986), as part of its ongoing history-based re-evaluation of the Sixth Amendme… |
| 20-8299 |
In Re Michael Skillern |
|
2021-06-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-court criminal-procedure due-process eleventh-circuit habeas-corpus judicial-review legal-precedent mandamus scotus writ-of-certiorari writ-of-mandamus |
Does the Eleventh Circuit's rule in Crutchfield v. Wainwright abrogate or modify the Supreme Court decision in Geders v. United States? |
| 20-1728 |
Rico Sanders v. Dylon Radtke, Warden |
Seventh Circuit |
2021-06-14 |
Denied |
Response Waived |
criminal-procedure eighth-amendment juvenile-sentencing juvenile-status life-sentence mitigating-factor parole sentencing sentencing-guidelines |
Whether this Court's Eighth Amendment precedent clearly establishes that a sentencing court must consider a defendant's juvenile status as a mitigatin… |
| 20-8287 |
Kenneth Wayne Walker, Jr. v. United States |
Fifth Circuit |
2021-06-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment parole sentencing sixth-amendment |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-8288 |
Anthony L. Ingram v. United States |
Sixth Circuit |
2021-06-11 |
Denied |
Response WaivedIFP |
18-usc-1201(a)(1) criminal-procedure due-process evidence evidence-sufficiency federal-kidnapping jury-instructions motion-for-acquittal |
Are the due process rights of a defendant in a criminal case violated when the government fails to present evidence at trial as to each element of the… |
| 20-8290 |
Anthony Leon Waits v. United States |
Eighth Circuit |
2021-06-11 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure district-court federal-court federal-rule forfeiture forfeiture-judgment indictment indictment-notice statutory-basis |
Does Federal Rule of Criminal Procedure 32.2(a) prohibit a district court from entering a forfeiture judgment when the indictment does not give notice… |
| 20-8292 |
Pete Anthony Tyndale v. United States |
Sixth Circuit |
2021-06-11 |
Denied |
Response WaivedIFP |
5th-amendment criminal-procedure criminal-sentencing divisibility due-process federal-prosecution reckless-conduct serious-violent-felony sovereign-authority state-prosecution statutory-interpretation three-strikes-statute Whether the life sentence imposed under the Federa |
Does the government have sovereign authority to dictate a particular state's choice in which federal law will be prosecuted other than the state accor… |
| 20-8273 |
Roger G. Babcock v. Florida |
Florida |
2021-06-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion mandatory-sentencing sentencing sentencing-discretion state-law statutory-interpretation |
Whether the defendant was arbitrarily deprived of his interest in the exercise of judicial discretion in sentencing by the misapplication of a state c… |
| 20-1707 |
Katherine Jacobs v. Johnson Storage & Moving Co. Holdings, LLC |
Eighth Circuit |
2021-06-10 |
Denied |
Response Waived |
administrative-errors civil-procedure due-process evidence flsa-violations fraud material-facts overtime-approval perjury summary-judgment |
Whether the district court upheld FRCP Rule 56, Rule 60(b) and summary judgment standards |
| 20-1708 |
Jose Leonel Bonilla-Romero v. United States |
Fifth Circuit |
2021-06-10 |
Denied |
|
5th-amendment constitutional-law criminal-procedure due-process fifth-amendment notice sentencing sentencing-range separation-of-powers |
Does the Due Process Clause of the Fifth Amendment require notice of the sentencing range prior to sentencing? |
| 20-1709 |
David Ming Pon v. United States |
Eleventh Circuit |
2021-06-10 |
Denied |
Amici (3)Relisted (2) |
appellate-review criminal-procedure criminal-trial due-process evidence-standard government-case harmless-error judicial-review presumption-of-innocence standard-of-review |
Whether an appellate court reviewing a cold criminal trial record may determine that an error at trial was harmless by applying an 'overwhelming evide… |
| 20-8247 |
Marcus Darwyn Jones v. United States |
Fifth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea plea-bargaining plea-voluntariness prosecutor-misconduct prosecutorial-misrepresentation sentencing-consequences sorna waiver |
Whether reliance on a prosecutor's legal misstatements regarding the consequences of a guilty plea renders that plea involuntary and unknowing |
| 20-8259 |
Peter James Sorokaput v. Pennsylvania |
Pennsylvania |
2021-06-09 |
Denied |
IFP |
civil-rights coerced-confession constitutional-rights criminal-procedure due-process law-enforcement plea-bargaining sentencing wrongful-conviction |
Question not identified |
| 20-8260 |
Earton Smith v. John Schuyler Marvin |
Fifth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
certiorari civil-rights constitutional-challenge court-of-appeals criminal-procedure due-process habeas-corpus judicial-review prisoner-rights state-court-procedure supreme-court |
Whether Louisiana's post-conviction procedure violates due process |
| 20-8262 |
Francisco Hilt and Sean Alexander v. United States |
Ninth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
brady-violation criminal-procedure due-process entrapment firearms-possession impeachment-evidence informant-disclosure sting-operation |
Does the government's suppression of an informant's identity and impeachment evidence in a sting operation violate Rovario v. United States, Smith v. … |
| 20-8264 |
Jeremy Hough v. United States |
Fourth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law criminal-procedure criminal-sentencing due-process harmless-error judicial-procedure procedural-error sentencing standard-of-review |
Whether, through 'assumed error harmlessness review,' appellate courts may affirm a criminal sentence without addressing allegations of significant pr… |
| 20-8267 |
Christopher Jermaine Kelley v. United States |
Sixth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-challenge criminal-procedure due-process essential-element guilty-plea judicial-review parties plea-bargaining |
Question not identified |
| 20-8268 |
Duprece Jett v. United States |
Seventh Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
civil-rights compassionate-release constitutional-law criminal-procedure due-process habeas-corpus judicial-review sentencing separation-of-powers |
Whether the application of 18 U.S.C. 3582(c)(1)(A) violates the Separation of Powers doctrine and the Due Process Clause of the Fifth Amendment |
| 20-8270 |
Maurice A. Jackson v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure dna-testing evidence ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard standard-of-review trial-counsel witness-impeachment |
Did the third circuit court err in deferring to the Court of Common Pleas finding that Mr. Jackson was not prejudiced by trial counsel not having key … |
| 20-8248 |
Richard W. Williams v. Sherie Korneman, Warden |
Eighth Circuit |
2021-06-08 |
Denied |
IFP |
certificate-of-appealability conflict-of-interest constitutional-rights criminal-procedure due-process effective-assistance fourteenth-amendment further-proceedings ineffective-assistance public-defender sixth-amendment |
Does having biased jurors on a jury panel, one of which stated during voir dire questioning, 'murder is murder. I don't believe there's a defense for … |
| 20-8251 |
Jayrionte Thomas v. West Virginia |
West Virginia |
2021-06-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-appeal criminal-procedure due-process first-degree-murder habeas-corpus ineffective-assistance legal-procedure right-to-counsel sixth-amendment west-virginia-law |
ineffective-assistance-of-counsel |
| 20-8256 |
Terry Alonzo Wilson v. United States |
Eleventh Circuit |
2021-06-08 |
Denied |
Response WaivedIFP |
aiding-and-abetting civil-rights conspiracy criminal-procedure due-process hobbs-act |
Whether the lower court clearly abused its discretion and prejudiced the petitioner by materially objecting to the charged Hobbs Act offense as a non-… |
| 20-1694 |
Gregory Molden v. United States |
Fifth Circuit |
2021-06-08 |
Denied |
Response Waived |
civil-procedure constitutional-rights criminal-procedure criminal-prosecution due-process fifth-amendment health-care-fraud medicare medicare-regulations regulatory-compliance |
Is it a constitutional Fifth Amendment Due Process violation when a Health Care provider under the Federal Title XVIII Medicare Program is pursued by … |
| 20-1702 |
Jimmy Cobb v. United States |
Eleventh Circuit |
2021-06-08 |
Denied |
Response WaivedRelisted (2) |
criminal-law criminal-procedure federal-jurisdiction ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-deal sixth-amendment statutory-interpretation undercover-operation |
Does a District Court have the have Jurisdiction to punish and convict conduct that does not fall within a Federal Statute of 18 U.S.C 2422(b) and 18 … |
| 20-1692 |
Henry Evans v. United States |
Fifth Circuit |
2021-06-07 |
Denied |
Response Waived |
administrative-law criminal-procedure criminal-prosecution expert-testimony health-care-fraud healthcare-fraud medicaid medicare medicare-regulations statutory-interpretation |
Whether Medicare regulations are controlling in a criminal prosecution under 18 U.S.C. § 1347 |
| 20-1693 |
Erick Allen Osby v. United States |
Fourth Circuit |
2021-06-07 |
Denied |
Amici (4)Response Waived |
constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fifth-amendment jury-acquittal sentencing sixth-amendment |
Whether basing a criminal defendant's sentence on charges of which the jury acquitted him violates the Fifth or Sixth Amendments |
| 20-8236 |
Brady Lee Ray v. Kentucky |
Kentucky |
2021-06-07 |
Denied |
IFP |
criminal-procedure direct-appeal due-process first-degree-robbery fourteenth-amendment kentucky-supreme-court sentencing-errors supreme-court-rule uscs-supreme-court-rule-10 wanton-endangerment |
Did Kentucky Supreme Court Violate Section C of USCS of Supreme Court Rule 10 and therefore the Fourteenth Amendment of the United States Constitution |
| 20-8241 |
John Doe v. United States |
Fourth Circuit |
2021-06-07 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law criminal-procedure due-process sentencing statutory-interpretation supervised-release |
Does the Supreme Court's decision in Haymond v. United States, 139 S. Ct. 2369 (2019) abrogate circuit court precedents on the supervised release revo… |
| 20-8226 |
In Re Francis Boyd |
|
2021-06-04 |
Denied |
IFP |
criminal-procedure criminal-sentencing due-process habeas-corpus judicial-error jury-instruction jury-instructions miscarriage-of-justice murder murder-degrees third-degree-murder trial-procedure |
Can a trial judge instruct a jury during a jury charge that they cannot find the petitioner guilty of a certain degree of murder after entertaining a … |
| 20-8227 |
Trevor Anderson v. Lynn Lilley, Superintendent, Eastern Correctional Facility |
Second Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
criminal-defendant criminal-procedure due-process evidentiary-hearing fair-trial implicit-bias prosecutorial-misconduct summation visual-presentation |
Can a prosecutor's display of visual presentation during summation activate implicit biases, and if so, does the activation of those biases deprive a … |
| 20-8228 |
John Campbell v. United States |
Fourth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
appeal armed-bank-robbery bank-robbery count-severance criminal-procedure evidence evidence-suppression firearm-possession jury-instructions sentencing sentencing-enhancement |
Did the district court incorrectly decline to charge the jury on a key element of armed bank robbery? |
| 20-8230 |
Jorge De Los Santos v. United States |
Ninth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure due-process liberty-interest liberty-restriction rehabilitation sentencing-conditions sex-offender substantive-reasonableness supervised-release |
Whether a supervised-release condition prohibiting a low-level sex offender from living in most urban and suburban areas is substantively unreasonable… |
| 20-8234 |
Arian Lamont Brown v. United States |
Sixth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
career-criminal-guideline criminal-procedure en-banc en-banc-review judicial-discretion mandate mandate-recall precedent sentence-enhancement sentencing sixth-circuit |
Did the United States Court of Appeals for the Sixth Circuit abuse its discretion and err by denying the Motion to Recall the Mandate |
| 20-1686 |
Bobby Lee Hampton v. Darrel Vannoy, Warden |
Louisiana |
2021-06-04 |
Denied |
|
collateral-review constitutional-rule criminal-procedure due-process ineffective-assistance mccoy-v-louisiana retroactivity right-to-counsel teague-v-lane |
Whether the exceptions to the Teague v. Lane rule for retroactive application of new constitutional rules of criminal procedure apply to the rule anno… |
| 20-8199 |
Isiah Lamonte Brown v. California |
California |
2021-06-03 |
Denied |
Response WaivedIFP |
constitutional-remedy counsel-ineffectiveness counsel-violation criminal-procedure fundamental-autonomy prejudice prejudice-analysis right-to-testify standard-of-review waiver waiver-standard |
What standard of prejudice must be satisfied to reverse a conviction due to counsel's violation of the defendant's right to testify? |
| 20-8200 |
Brandon Dante Brooks-Davis v. United States |
Eighth Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
circuit-court criminal-procedure fairness-integrity-public-reputation intervening-supreme-court-decision judicial-review plain-error-review substantial-rights supreme-court-decision trial-record |
Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters… |
| 20-8211 |
Christian M. Allmendinger v. United States |
Fourth Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure due-process fifth-amendment judicial-fact-finding jury-trial reasonable-doubt sentencing-guidelines sixth-amendment witte-v-united-states |
Whether the Fifth and Sixth Amendments forbid sentencing guidelines from enhancing the presumed reasonable punishment for an offense, unless the facts… |
| 20-8212 |
Dany L. Brandao v. United States |
First Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment home home-search narcotics narcotics-prosecution probable-cause prosecution search search-and-seizure vehicle |
Should the Fourth Amendment prohibit a search of a person's home when all drug sales occurred elsewhere? |
| 20-8222 |
In Re Marshall DeWayne Williams |
|
2021-06-03 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus statutory-interpretation |
Whether the petitioner is entitled to habeas corpus relief under 28 U.S.C. § 2254 |
| 20-8189 |
Heather Dawn Griffith v. United States |
Fifth Circuit |
2021-06-02 |
Denied |
Response WaivedIFP |
controlled-substance controlled-substances criminal-procedure drug-distribution federal-rule federal-rules-of-criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation |
Whether, in a prosecution under 21 U.S.C. § 846, Federal Rule of Criminal Procedure 11(b)(3) requires a statement sufficient to show an agreement to d… |
| 20-8192 |
Jorge Ramon Newball-May v. United States |
Eleventh Circuit |
2021-06-02 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure jurisdiction jury-trial maritime-drug-law maritime-law pre-trial-hearing sixth-amendment statutory-interpretation |
Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment right… |
| 20-8195 |
Calvin James Reid v. Michigan |
Michigan |
2021-06-02 |
Denied |
IFP |
collateral-attack constitutional-violation criminal-procedure due-process habeas-corpus judicial-review jurisdictional-defect legal-remedy retroactivity state-court-conviction statute-of-limitations time-limitation |
Whether a 30-year-old jurisdictional defect in state court conviction should stand uncorrected because the violation occurred over 30 years ago? |
| 20-8196 |
William Severs v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2021-06-02 |
Denied |
IFP |
appeals appellate-procedure constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel legal-error right-to-counsel supreme-court-precedent third-circuit-court |
Whether the Decisions of the Third Circuit Court of Appeals and the District Court for the District of New Jersey were contrary to the United States S… |
| 20-8197 |
Samuel Earl Smith v. United States |
Fifth Circuit |
2021-06-02 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure defendant-role fifth-circuit leader-organizer leadership-enhancement sentencing-guidelines united-states-sentencing-guidelines |
Whether the Fifth Circuit's holding that Mr. Smith was a leader or organizer under the United States Sentencing Guidelines evidences a circuit split |
| 20-8204 |
Severiano Martinez-Rojas v. United States |
Second Circuit |
2021-06-02 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver circuit-split criminal-procedure judicial-review plea-bargaining restitution restitution-calculation sentencing sentencing-procedure vulnerable-victim-enhancement |
whether-the-second-circuit-failed-to-follow-supreme-court-precedent |
| 20-8206 |
Prentiss Morris v. Oklahoma |
Oklahoma |
2021-06-02 |
Denied |
IFP |
8th-amendment administrative-law civil-rights constitutional-law criminal-procedure due-process evidence judicial-review legal-procedure mental-health sentencing statutory-interpretation |
Can a person be convicted of alleged crimes based on mental retardation or other mental disabilities? |
| 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… |
| 20-1671 |
Chi Ping Patrick Ho v. United States |
Second Circuit |
2021-06-02 |
Denied |
Response Waived |
criminal-procedure federal-courts foreign-corrupt-practices-act indictment money-laundering prosecution-exemption reference-canon statutory-interpretation |
Whether a federal court may decline to apply the reference canon to the money laundering statute, 18 U.S.C. § 1956, which makes specific reference to … |
| 20-1677 |
Angel Lee Rankin v. Texas |
Texas |
2021-06-02 |
Denied |
|
5th-amendment appellate-review criminal-procedure custody custody-determination due-process evidence-suppression miranda-warnings motion-to-suppress sudden-passion |
Whether the Court of Appeals Erred in Affirming the Trial Court's Denial of Ms. Rankin's Motion to Suppress Because She was in Law Enforcement's Custo… |
| 20-8181 |
Linwood Earl Stephens v. United States |
Fourth Circuit |
2021-06-01 |
Denied |
Response WaivedIFP |
appeals appellate-jurisdiction clearly-erroneous-fact criminal-procedure due-process fact-finding fourth-circuit judicial-review jurisdiction sentencing-guidelines standard-of-review |
Whether the Fourth Circuit Court of Appeals erred in holding it did not have jurisdiction to review a decision to deny a departure under the United St… |
| 20-8160 |
Tamaran Edward Bontemps v. United States |
Ninth Circuit |
2021-05-28 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure due-process fourth-amendment law-enforcement police-stop reasonable-suspicion search-and-seizure terry-stop terry-v-ohio |
Whether a sweatshirt bulge alone gives an objectively reasonable and particularized suspicion to stop a person under Terry v. Ohio |
| 20-8161 |
Lisa Marie Belyew v. Mike Pallares, Warden |
Ninth Circuit |
2021-05-28 |
Denied |
IFP |
appellate-procedure bail constitutional-law criminal-procedure criminal-statute due-process evidence-standard federal-law judicial-review jurisdiction legal-procedure statutory-interpretation |
Whether the district court erred in denying petitioner's motion for release on own recognizance pending appeal |
| 20-8172 |
Jorge Antonio Perez, aka Steven Mark Hamm v. Gavin Newsom, et al. |
Ninth Circuit |
2021-05-28 |
Denied |
IFP |
civil-rights constitutional-due-process constitutional-law criminal-procedure due-process federal-court federal-sentencing free-speech judicial-interpretation prior-conviction-doctrine standing state-secrets-doctrine |
Whether the circuit court erred in ruling against the petitioner and finding violations of the state-secrets-doctrine |
| 20-1660 |
In Re Garvester Bracken |
|
2021-05-28 |
Denied |
|
article-iii criminal-procedure criminal-proceedings due-process habeas-corpus judicial-procedure jurisdiction probable-cause right-to-be-present right-to-counsel trial-jurisdiction |
Whether the trial court had jurisdiction to proceed and enter judgment without the defendant and defense counsel being personally present during any s… |
| 20-1663 |
Matthew D. Norwood v. United States |
Armed Forces |
2021-05-28 |
Denied |
Response Waived |
criminal-procedure evidence evidence-rule forensic-interview hearsay hearsay-exception jury-deliberation prior-consistent-statement repetition trial-procedure truth-effect witness-testimony |
Whether admission of a recorded hearsay statement as a physical exhibit, permitted to be reviewed during deliberations, is a fair application of the e… |
| 20-1656 |
Carmen Johnson v. United States |
Fourth Circuit |
2021-05-27 |
Denied |
Response Waived |
asset-forfeiture civil-rights coram-nobis criminal-procedure due-process ineffective-assistance restitution supervised-release |
May an individual challenge non-custodial aspects of a criminal judgment through a petition for writ of error coram nobis? |
| 20-8152 |
Miguel Martinez-Figueroa v. United States |
Fifth Circuit |
2021-05-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-8168 |
Ross Colby v. United States |
Ninth Circuit |
2021-05-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial juror-sympathy jury-bias jury-instructions prosecutorial-misconduct sixth-amendment |
Whether the statements of a prosecutor invoking juror sympathy and telling the jury that it has a duty to convict violate the defendant's Sixth Amendm… |
| 20-8171 |
Terry L. Ogle v. Mike Parris, Warden |
Sixth Circuit |
2021-05-27 |
Denied |
Response WaivedIFP |
arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations |
Whether fraud, false and misleading statements in arrest & extradition warrant affidavit irrespective of the subsequent indictment in this case entitl… |
| 20-8174 |
Esad Lemo v. Pennsylvania |
Pennsylvania |
2021-05-27 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process intellectual-disability language-access language-interpretation mental-capacity police-interrogation right-to-interpretation sixth-amendment |
Is the Constitution violated where a defendant who speaks only Bosnian and has an IQ of 57 receives no interpretation during the suppression hearing t… |
| 20-8143 |
Merwin Smith v. United States |
Eighth Circuit |
2021-05-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-law criminal-prosecution evidence evidence-rule-404b federal-prosecution federal-rules-of-evidence gun-possession prior-convictions propensity-evidence rule-404(b) |
Whether federal prosecutors can introduce evidence of a person's prior conviction for unlawful gun possession in a prosecution based on police testimo… |
| 20-8149 |
Quinn Palacios Cruz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-05-26 |
Denied |
IFP |
conflict-of-interest criminal-procedure cuyler-test habeas-corpus individual-representation ineffective-assistance methodology-of-review multiple-representation supreme-court-review trial-counsel |
Whether the Cuyler test for ineffective assistance of counsel due to conflict of interest applies to individual cases of representation and not only t… |
| 20-8151 |
Marcus D. Williams v. California |
California |
2021-05-26 |
Denied |
IFP |
confrontation-clause constitutional-evidence criminal-procedure due-process evidence-admissibility forensic-evidence forensic-testing hearsay hearsay-evidence testimonial-statement testimonial-statements |
What degree of formality is necessary before hearsay statements contained within a forensic testing report which connect an accused to the testing res… |
| 20-1644 |
Devon Archer v. United States |
Second Circuit |
2021-05-26 |
Denied |
Amici (1) |
appellate-review criminal-procedure evidence-weighing federal-rule-of-criminal-procedure jury-discretion jury-verdict miscarriage-of-justice new-trial new-trial-motion second-circuit |
Does Federal Rule of Criminal Procedure 33(a) afford district courts discretion to reweigh the evidence when evaluating a new trial motion |
| 20-1645 |
Don Wilburn Collins v. Texas |
Texas |
2021-05-26 |
Denied |
Response Waived |
capital-murder constitutional-rights criminal-procedure due-process ex-post-facto juvenile-jurisdiction juvenile-justice retroactive-application retroactive-jurisdiction |
Did the Texas appellate courts fail to realize that the retroactive expansion of jurisdiction over a previously exempt juvenile for capital murder vio… |
| 20-1646 |
Steven K. Stanley v. Angel Quiros, Commissioner, Connecticut Department of Correction |
Connecticut |
2021-05-26 |
Denied |
Response Waived |
4th-amendment criminal-procedure evidence fourth-amendment habeas-corpus phone-number-obfuscation privacy privacy-expectation res-judicata search-and-seizure |
Does the intentional use of the *67 feature create a justifiable expectation of privacy? |
| 20-1650 |
Carlos Concepcion v. United States |
First Circuit |
2021-05-26 |
Judgment Issued |
Amici (10) |
circuit-split criminal-procedure criminal-resentencing factual-developments first-step-act legal-developments resentencing sentencing sentencing-reduction statutory-interpretation |
Whether a district court must or may consider intervening legal and factual developments when deciding to impose a reduced sentence under the First St… |
| 20-8116 |
Carlos Bayon v. United States |
Second Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence evidence-admissibility federal-rule-of-evidence-404(b) federal-rules-of-evidence judicial-discretion legal-interpretation rule-of-exclusion rule-of-inclusion |
Is Federal Rule of Evidence 404(b) a rule of inclusion or exclusion? |
| 20-8119 |
Peter Anthony Ciraulo v. Oregon |
Oregon |
2021-05-25 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure harmless-error jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict |
Whether a trial court commits structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a… |
| 20-8121 |
Andy Kejadi Onwuka v. California |
California |
2021-05-25 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process probation self-incrimination sentencing |
Whether the Trial Court Violated petitioner's 5th & 14th Amendment rights |
| 20-8122 |
Andi Mustafa v. Michigan |
Michigan |
2021-05-25 |
Denied |
IFP |
criminal-procedure due-process factual-basis ineffective-assistance ineffective-assistance-of-counsel no-contest-plea plea-bargaining plea-colloquy plea-withdrawal search-and-seizure search-warrant |
Plea-withdrawal-issues |
| 20-8124 |
Lance Mitchell Owens v. Dexter Payne, Director, Arkansas Department of Correction |
Arkansas |
2021-05-25 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection fourteenth-amendment plea-agreement plea-agreements sentencing sentencing-procedure statutory-interpretation |
Are courts violating the Equal Protection Clause by excluding defendants in plea agreements from mandatory sentencing procedures? |
| 20-8126 |
Charles Wesley Kincheloe v. Oregon |
Oregon |
2021-05-25 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict |
Does a trial court commit structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a jur… |
| 20-8128 |
Teddy Ogle v. Mike Parris, Warden |
Sixth Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations |
Whether fraud, false and misleading statements in arrest & extradition warrant affidavit irrespective of the subsequent indictment in this case entitl… |
| 20-8132 |
George Verkler v. United States |
Ninth Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining presumption-of-innocence right-to-appeal right-to-counsel |
Does the presumption of innocence and due process require a judge to rule in favor of the defendant if the judge will not read everything submitted or… |
| 20-8134 |
Erik Jimenez v. Texas |
Texas |
2021-05-25 |
Denied |
Relisted (2)IFP |
404(b)-exception abuse-of-discretion criminal-procedure evidence-admissibility evidentiary-ruling later-date texas-rule-of-evidence-404(b) texas-rules-of-evidence trial-court trial-procedure |
Whether the trial court's admissibility of evidence of a later date and not for what defendant was on trial was an abuse of discretion under Texas rul… |
| 20-8135 |
Gregg McNamara v. Rob Bonta, Attorney General of California |
Ninth Circuit |
2021-05-25 |
Dismissed |
Response WaivedIFP |
coerced-confession constitutional-rights criminal-conviction criminal-procedure due-process guilty-plea habeas-corpus mental-competency mental-impairment sixth-amendment |
Whether a person convicted while suffering from severe mental impairment can invoke the Sixth Amendment right to know the nature and cause of the acti… |
| 20-8109 |
Walter Crayton v. Massachusetts |
Massachusetts |
2021-05-24 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment assigned-counsel child-pornography civil-rights criminal-appeals criminal-procedure due-process free-speech legal-representation post-conviction search-and-seizure trial-court |
Whether the Massachusetts Supreme Judicial Court erred in affirming the defendant's conviction for possession of child pornography, second offense, de… |
| 20-8110 |
Lawrence Edward Jackson, Jr. v. Maryland |
Maryland |
2021-05-24 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection excessive-fines fourth-amendment probable-cause search-and-seizure takings wrongful-conviction |
Whether the imposition of mandatory fees on the basis of a wrongful conviction violates the Fifth and Fourteenth Amendments |
| 20-8097 |
Brandon Marquis Jennings, aka Mustafa Beezy Bey v. United States |
Fourth Circuit |
2021-05-21 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-provisions constitutional-rights criminal-procedure due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel jurisdiction professional-misconduct |
Does the defendant have the right to effective assistance of counsel |
| 20-8102 |
Adam Rosen v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. |
Third Circuit |
2021-05-21 |
Denied |
IFP |
civil-rights constitutional-law constitutional-violations criminal-procedure due-process federal-habeas ineffective-assistance post-conviction-relief precedent self-incrimination state-court-review |
Whether the Commonwealth's use of a defendant's statements to the Commonwealth, which were not elicited in violation of the defendant's Fifth Amendmen… |
| 20-8106 |
Roy Taylor v. Cynthia Brann, Commissioner, New York Department of Corrections |
New York |
2021-05-21 |
Denied |
IFP |
bail-modification bail-reform constitutional-procedure court-discretion criminal-procedure discretion due-process excessive-bail misdemeanor misdemeanor-charges |
Whether the New York state courts erred in not addressing the merits of the petitioner's claims regarding excessive bail |
| 20-8108 |
Roy Lee Dykes v. United States |
Fourth Circuit |
2021-05-21 |
Denied |
Response WaivedIFP |
appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial |
Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Dykes' Motion for Release on Bond pending appeal? |
| 20-8080 |
Jason C. Johnson v. Illinois |
Illinois |
2021-05-20 |
Denied |
Response WaivedIFP |
appeals criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel standing |
Whether Jason Johnson should be held culpable for the untimely death of J. Peed, given that he was represented by ineffective counsel |
| 20-8081 |
Melvin Roshard Alfred v. United States |
Tenth Circuit |
2021-05-20 |
Denied |
Response WaivedIFP |
criminal-procedure evidence evidence-admissibility federal-rules-of-evidence intrinsic-evidence misconduct-evidence rule-404(b) rule-404b social-media uncharged-misconduct |
Whether uncharged misconduct evidence that does not directly prove the charged crime may be deemed 'intrinsic evidence' and admitted without the admis… |
| 20-8087 |
William Edward Erickson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-05-20 |
Denied |
Response WaivedIFP |
appellate-review coercion conditional-plea constitutional-claims criminal-procedure evidence extraneous-statements ineffective-assistance-of-counsel ineffective-counsel involuntary-plea pretrial-motions sixth-amendment |
Whether the petitioner is entitled to constitutional review and relief on his claims at the appeal level regarding his ineffective assistance of couns… |
| 20-8091 |
Steven Zapata v. Kentucky |
Kentucky |
2021-05-20 |
Denied |
Response WaivedIFP |
competency constructive-denial-of-counsel criminal-procedure cronic-standard cronic-v-united-states guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-colloquy strickland-standard strickland-v-washington |
Whether the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v… |
| 20-8060 |
Julia Ann Poff v. United States |
Fifth Circuit |
2021-05-19 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2254 appellate-review civil-rights constitutional-rights criminal-procedure due-process exhaustion-of-remedies habeas-corpus standing trial-errors |
Whether the district court erred in dismissing petitioner's habeas corpus petition on the ground that he failed to exhaust state court remedies, in vi… |
| 20-8071 |
Delson Marc v. United States |
Eleventh Circuit |
2021-05-19 |
Denied |
IFP |
circuit-split criminal-law criminal-procedure due-process felon-in-possession firearms mens-rea rehaif-standard statutory-interpretation |
Whether a defendant's conviction under 18 U.S.C. §922(g) may be affirmed even though the indictment did not charge, and the government did not prove, … |
| 20-8075 |
Damantae Graham v. Ohio |
Ohio |
2021-05-19 |
Denied |
IFP |
appellate-review capital-punishment capital-sentencing constitutional-error constitutional-law criminal-procedure harmless-error trial-procedure victim-impact victim-impact-testimony |
Is a new trial required when an appellate court assumes a trial court's admission of irrelevant victim impact testimony was error? |
| 20-8076 |
Tyrone Price v. United States |
Sixth Circuit |
2021-05-19 |
Denied |
Response WaivedIFP |
civil-rights community-impact criminal-procedure due-process public-safety sentencing |
Whether the district court and appeals court abused their discretion in concluding that the defendant would be a danger to the community |
| 20-1614 |
John D. Leontaritis v. United States |
Fifth Circuit |
2021-05-19 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split criminal-law criminal-procedure due-process fact-determination jury-finding jury-instructions reasonable-doubt sentencing sentencing-discretion standard-of-proof |
Whether jury findings impact sentencing |
| 20-1608 |
North Carolina v. Norfolk Junior Best |
North Carolina |
2021-05-18 |
Denied |
|
alternate-suspects appellate-review bloody-fingerprint brady-v-maryland brady-violation criminal-procedure due-process materiality materiality-analysis post-conviction post-conviction-review |
Does an appellate court violate the core principles of Brady in post-conviction review |
| 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 … |
| 20-8062 |
Erold Martin Panopio v. United States |
Eleventh Circuit |
2021-05-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-justice criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing sentencing sentencing-reform supervised-release youthful-offender youthful-offenders |
Whether a near twenty year prison sentence followed by a fifteen year term of supervised release for a youthful offender such as Panopio violates the … |
| 20-8065 |
Arthur Greaves v. United States |
Third Circuit |
2021-05-18 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment criminal-procedure due-process fourth-amendment miranda-doctrine miranda-warning new-york-v-quarles private-property public-safety-exception search-and-seizure |
Does the public safety exception to the Miranda doctrine as set forth in New York v. Quarles, apply to private property, simply based on allegations t… |
| 20-8036 |
Antonio Kevin McKoy v. United States |
Fourth Circuit |
2021-05-17 |
Denied |
Response WaivedIFP |
continuing-criminal-enterprise criminal-procedure drug-penalties fourth-circuit-review jury-instructions plain-error sentencing-enhancements special-verdict |
Whether the jury should be required to return a special verdict form addressing all essential elements of continuing criminal enterprise (CCE), in tha… |
| 20-8046 |
Shawn Bishop v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. |
Third Circuit |
2021-05-17 |
Denied |
Response WaivedIFP |
codefendant-confession confrontation-clause criminal-procedure curative-instruction due-process ineffective-assistance scant-evidence witness-testimony |
Does a curative instruction remedy a Confrontation Clause violation? |
| 20-1595 |
Naum Morgovsky and Irina Morgovsky v. United States |
Ninth Circuit |
2021-05-17 |
Denied |
|
appellate-waiver arms-export-control-act class-v-united-states constitutional-challenge criminal-procedure criminal-statute executive-authority intelligible-principle rule-12(b)(3) separation-of-powers |
Whether the Executive had the authority to issue the regulations under the Arms Export Control Act, and whether those regulations and the Act violate … |
| 20-1581 |
Malia Arciero v. United States |
Ninth Circuit |
2021-05-14 |
Denied |
Response Waived |
criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing-enhancement sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated when defense counsel's deficient advice led to a two-point sentencin… |
| 20-1586 |
Artavis Desmond McGowan v. United States |
Eleventh Circuit |
2021-05-14 |
Denied |
Response Waived |
conspiracy constructive-amendment criminal-procedure drug-conviction evidence first-step-act mandatory-minimum sentencing sentencing-relief wiretap wiretap-evidence |
Whether the district court erred in denying the defendant's motion for a new trial based on a constructive amendment of the indictment |
| 20-8027 |
Anthony G. Bryant v. Executive Office for United States Attorneys |
Fourth Circuit |
2021-05-14 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure fourth-amendment search-and-seizure standing |
Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 20-8030 |
Reginald Tremaine Wilson v. North Carolina |
North Carolina |
2021-05-14 |
Denied |
IFP |
civil-asset-forfeiture civil-rights constitutional-challenge criminal-procedure due-process evidence fourth-amendment property-rights seizure sentencing standing |
Whether the court can compare Wilson's vagueness on an element to suggest possession with intent to sell and deliver |
| 20-8031 |
Major Hudson, III v. Rick Whitten, Warden |
Tenth Circuit |
2021-05-14 |
Denied |
Relisted (2)IFP |
actual-innocence criminal-procedure due-process ineffective-assistance-of-counsel lesser-included-offense procedural-default rule-60 |
Whether a misdemeanor vs. felony distinction is an extraordinary circumstance under Rule 60(b)(6) |
| 20-8033 |
Ivan Ignacio Minjarez-Molina v. United States |
Fifth Circuit |
2021-05-14 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent precedent sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7980 |
Takiese Naceer Bethea v. West Virginia |
West Virginia |
2021-05-13 |
Denied |
Response WaivedIFP |
co-defendants criminal-procedure equal-protection fourteenth-amendment judicial-fairness prosecutorial-discretion racial-discrimination sentencing |
Does the unequal treatment of African-American co-defendants violate the equal protection clause? |
| 20-8013 |
Jesus Manuel Anchondo-Quezada v. United States |
Fifth Circuit |
2021-05-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-8016 |
Rico Blackwell v. United States |
Eleventh Circuit |
2021-05-13 |
Denied |
IFP |
actual-innocence collateral-attack-waiver criminal-procedure davis-challenge federal-sentencing habeas-corpus plea-bargaining procedural-default residual-clause section-924c statutory-interpretation statutory-maximum |
Whether a defendant can ever show cause and prejudice to avoid the procedural default bar on a meritorious Davis challenge to a § 924(c) conviction? |
| 20-8021 |
Jason Scott Pedro v. United States |
Tenth Circuit |
2021-05-13 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-sentencing guidelines harmless-error procedural-error sentencing sentencing-guidelines standard-of-review statutory-maximum |
Can a significant procedural error be deemed harmless when the sentencing judge uses the statutory maximum as the baseline for imposition of sentence? |
| 20-7994 |
In Re Lee Robert Scott |
|
2021-05-12 |
Denied |
Response WaivedIFP |
agency-authorization civil-rights constitutional-interpretation criminal-procedure due-process federal-jurisdiction government-misconduct judicial-misconduct legal-immunity procedural-protection standing state-prosecution |
Does the Supreme Court allow lower courts to cover up victorious and malicious prosecution cases when vindictive legal sentencing is clearly on the re… |
| 20-8000 |
Natalie Marie Keepers v. Virginia |
Virginia |
2021-05-12 |
Denied |
IFP |
criminal-procedure due-process fair-trial impartial-jury interrogation-tactics jury-selection miranda-warnings peremptory-challenges sixth-amendment |
Whether a trial court's refusal to remove a potential juror who admits she cannot be certain she can be fair violates the Sixth Amendment guarantee of… |
| 20-8007 |
Alfred E. Caraffa v. Arizona, et al. |
Ninth Circuit |
2021-05-12 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process government-overreach habeas-corpus standing |
Whether the petitioner's constitutional rights were violated by the government's actions |
| 20-1568 |
Teresa Miller v. United States |
Fourth Circuit |
2021-05-12 |
Denied |
Response Waived |
appellate-review constitutional-rights criminal-procedure death-penalty death-sentence due-process judicial-procedure judicial-review |
Whether the court's decision to order the defendant to a death sentence was necessary to prevent review of their conduct or actions, and whether a tra… |
| 20-1571 |
Andrew Raymond and Brian Requena v. United States |
Second Circuit |
2021-05-12 |
Denied |
Response Waived |
analogue-act analogue-enforcement-act controlled-substances criminal-procedure due-process jury-unanimity sixth-amendment vagueness-doctrine |
Whether the Controlled Substances Analogue Enforcement Act of 1986 is void for vagueness |
| 20-1565 |
Michael Ryan Mitchan v. United States |
Fifth Circuit |
2021-05-11 |
Denied |
Response Waived |
confrontation-clause criminal-procedure due-process hearsay hearsay-evidence relevant-conduct sentencing-guidelines |
Should defendants in criminal cases be permitted to confront witnesses against them at sentencing when their uncorroborated hearsay statements are sol… |
| 20-7967 |
Nikolay Vladimirov Sloboda v. Mike Obenland, Superintendent, Monroe Correctional Complex |
Ninth Circuit |
2021-05-11 |
Denied |
IFP |
appeals constitutional-provisions criminal-procedure due-process evidence jurisdiction racial-bias sentencing statutory-provisions writ |
why-wasn't-the-dna-evidence-tested |
| 20-7971 |
Derek A. Rivera v. Connie Horton, Warden |
Sixth Circuit |
2021-05-11 |
Denied |
Response WaivedIFP |
criminal-procedure directed-verdict due-process expert-testimony fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions murder-conviction sufficiency-of-evidence |
Whether the defendant was denied a fair trial due to improper other-acts evidence |
| 20-7983 |
Thomas Lam v. Robert C. Tanner, Warden |
Fifth Circuit |
2021-05-11 |
Denied |
IFP |
certificate-of-appealability constitutional-plea criminal-procedure due-process fifth-circuit habeas-corpus henderson-v-morgan judicial-error jury-instructions plea-bargaining standard-of-review voir-dire |
Did the Fifth Circuit err in denying a request for COA on an important question of federal law regarding the trial judge's incorrect explanation of th… |
| 20-7986 |
Kevin Dunbar v. Arizona |
Arizona |
2021-05-11 |
Denied |
IFP |
attempted-first-degree-murder consecutive-sentences constitutional-rights criminal-procedure double-jeopardy due-process evidence-weighing kidnapping self-representation supreme-court-precedent |
Whether the petitioner's aggravated sentences were in violation of due process and conflict with the United States Supreme Court holdings in Apprendi … |
| 20-7991 |
Bulmaro Contreras-Figueroa, aka Israel Contreras v. United States |
Ninth Circuit |
2021-05-11 |
Denied |
Response WaivedIFP |
5th-amendment conspiracy controlled-substances criminal-procedure due-process fifth-amendment grand-jury sentencing statutory-interpretation |
Is the Fifth Amendment right to a grand jury violated when a defendant is sentenced for a conspiracy offense that exceeds the maximum penalty for the … |
| 20-7992 |
Noah Drake Primeaux v. Louisiana |
Louisiana |
2021-05-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions non-unanimous-jury prosecutorial-misconduct ramos-v-louisiana sixth-amendment |
Whether reasonable jurists would determine that the holding in Ramos v. Louisiana applies to persons on direct appeal concerning the non-unanimous jur… |
| 20-7963 |
Lugene L. Scott v. Neil Turner, Warden |
Sixth Circuit |
2021-05-10 |
Denied |
IFP |
criminal-conviction criminal-procedure double-jeopardy due-process felonious-assault fifth-amendment manslaughter sentencing time-served |
Is the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution violated when a defendant is denied credit for time served when… |
| 20-7965 |
Jeffrey Ray Sundwall v. Florida |
Florida |
2021-05-10 |
Denied |
IFP |
appeals civil-rights constitutional-law constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining plea-negotiations post-conviction-relief |
Whether the prohibition of a criminal appeal with denial after exercising the right to appeal a reserved appealable request when their rules and set w… |
| 20-7977 |
Bobby Carl Terrick v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-05-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ex-post-facto sentence-enhancement sentencing |
Whether the petitioner's due process rights were violated by the imposition of a sentence enhancement created after the commission of the offense |
| 20-7978 |
Todd Alan Winkler v. California |
California |
2021-05-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-trial due-process evidence fourteenth-amendment fundamental-fairness inflammatory-propensity propensity-evidence |
Did the California Court of Appeal err in concluding that inflammatory-propensity-evidence,pervasively-used,erroneously-admitted did not render the tr… |
| 20-1556 |
Dawn Herndon v. Judy R. Upton, Warden |
Fifth Circuit |
2021-05-10 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure equitable-considerations habeas-corpus mootness prison-release sentencing supervised-release |
Whether a habeas case is moot when the defendant has completed their term of imprisonment and commenced supervised release, even though the sentencing… |
| 20-7953 |
Alena Aleykina v. United States |
Ninth Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
criminal-intent due-process evidence expert-testimony fifth-amendment legal-separation prosecutorial-misconduct sixth-amendment |
Was it fair to affirm 18-U.S.C-1519-charge |
| 20-7956 |
Bryan Montalvo v. United States |
Fifth Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-jurisdiction criminal-procedure downward-departure federal-courts judicial-discretion motion-for-departure sentencing sentencing-review statutory-interpretation |
Whether a circuit court of appeals has jurisdiction to review the denial of a motion for downward departure? |
| 20-7959 |
Thomas J. Connerton v. United States |
Second Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process judicial-inquiry juror-discharge jury jury-selection reasonable-doubt sixth-amendment |
Should certiorari be granted where the District Court discharged a juror, without 'good cause' under rule 23(b)(3) of the Federal Rules of Criminal Pr… |
| 20-7961 |
Antonio Olmeda v. United States |
Second Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
consecutive-sentences consecutive-sentencing criminal-procedure double-jeopardy due-process firearm-possession jury-determination jury-trial multiplicitous-conviction sentencing-enhancement sentencing-guidelines statutory-interpretation |
Whether a Judgment and Conviction on two counts, under U.S.S.G. § 2K2.1.(a), for unlawful 'receipt' of a firearm and 'Possession' of that firearm is m… |
| 20-7945 |
Troy Arnaud v. Darrel Vannoy, Warden |
Louisiana |
2021-05-06 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment non-unanimous-jury ramos-retroactivity ramos-v-louisiana retroactivity sixth-amendment teague-framework teague-v-lane watershed-rule |
Whether Ramos v. Louisiana applies to cases on State collateral review |
| 20-7946 |
Lisa Biron v. United States |
First Circuit |
2021-05-06 |
Denied |
Response WaivedIFP |
appeals appellate-review civil-procedure criminal-procedure equitable-exceptions federal-appellate-jurisdiction habeas-corpus post-conviction-proceeding statutory-interpretation time-bar time-limits |
Whether the First Circuit erred in dismissing the petitioner's 28 U.S.C. § 2255 proceeding as untimely under 28 U.S.C. § 2107 and Federal Rule of Appe… |
| 20-7949 |
Terry Kent Holcomb, II v. Rick Whitten, Warden |
Tenth Circuit |
2021-05-06 |
Denied |
IFP |
appeal constitutional-right due-process evidence evidentiary-ruling federal-court habeas-corpus probative-evidence section-2254 state-court tenth-circuit |
Did the Tenth Circuit err in holding that the admitted evidence at trial established the same probative facts as the rejected evidence, without determ… |
| 20-7934 |
John Patrick Couch v. United States |
Eleventh Circuit |
2021-05-05 |
GVR |
Relisted (6)IFP |
affirmative-defense controlled-substances criminal-procedure jury-instructions medical-practice standard-of-care |
Did the trial court err by conflating the valid defense of a crime as an element of that crime in its jury instructions? |
| 20-7936 |
Jose Oribel Ponce-Ulloa v. United States |
Ninth Circuit |
2021-05-05 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure drug-offense federal-courts federal-sentencing sentencing sentencing-guidelines temporal-connection ussg-2d1.1 weapon-possession |
Whether a sentencing court can add two offense levels for possession of a weapon under USSG § 2D1.1(b)(1) when the gun is not used nor present in the … |
| 20-7941 |
Kiandrick Onick v. United States |
Fifth Circuit |
2021-05-05 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process parole sentencing sixth-amendment |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-1543 |
Adam P. McNiece v. Town of Yankeetown, Florida, et al. |
Eleventh Circuit |
2021-05-05 |
Denied |
Response Waived |
bill-of-attainder constitutional-rights criminal-procedure due-process fair-trial first-amendment municipal-law notice redress-of-grievances self-representation statutory-reference |
Can a violation of law or code be charged and tried without any statutory reference of code chapter and section indicated? |
| 20-7912 |
Jorge Gomez-Gomez v. United States |
Ninth Circuit |
2021-05-04 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines substantive-reasonableness |
Whether the court of appeals erred by concluding that Petitioner's 99-month sentence was substantively reasonable |
| 20-7926 |
Sadat El-Amin v. Louisiana |
Louisiana |
2021-05-04 |
Denied |
Response WaivedIFP |
collateral-review criminal-procedure Fourteenth-Amendment non-unanimous-jury ramos-retroactivity Ramos-v-Louisiana retroactivity Sixth-Amendment teague-framework Teague-v-Lane |
Whether Ramos v. Louisiana applies to cases on State collateral review |
| 20-7915 |
Larry Marcel Vaughn v. Texas |
Texas |
2021-05-03 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus ineffective-counsel right-to-appeal sixth-amendment |
Whether the failure of appointed counsel to provide petitioner of his right to appeal the trial court's application of his guilt and/or the assessed p… |
| 20-1528 |
Lawrence Doby Wilson, aka Amin A. Rashid v. United States |
Ninth Circuit |
2021-05-03 |
Denied |
Response Waived |
actual-innocence appeals coram-nobis criminal-procedure due-process equitable-tolling fifth-amendment |
Whether the court of appeals denies due process by refusing to use equitable tolling for a coram nobis petition based on actual innocence |
| 20-1522 |
United States v. Malik Nasir |
Third Circuit |
2021-04-30 |
GVR |
Response RequestedRelisted (2) |
appellate-review circuit-precedent criminal-law criminal-procedure due-process felon-in-possession firearm-possession plain-error-review statutory-interpretation |
Whether a court of appeals may, on plain-error review, affirm a conviction following a trial for possessing a firearm as a felon, in violation of 18 U… |
| 20-7899 |
Christopher Middleton v. Georgia |
Georgia |
2021-04-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process essential-elements harmless-error indictment-sufficiency jury-disbelief self-defense standard-of-review sufficiency-of-evidence |
Whether a finding of guilt can be predicated on the jury's disbelief of a defendant's statements where the defendant does not testify and the State fa… |
| 20-7900 |
Monique A. Lozoya v. United States |
Ninth Circuit |
2021-04-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aircraft-crime airspace aviation constitutional-interpretation constitutional-law criminal-jurisdiction criminal-procedure federal-jurisdiction federal-prosecution trial-procedure venue venue-statute |
Is the airspace above a State part of that State, for purposes of the Constitution's provisions permitting venue only in the State and district where … |
| 20-7901 |
Chalin Merrihew v. Florida |
Florida |
2021-04-30 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining post-conviction-relief sentencing statutory-interpretation |
Was Petitioner denied a fair trial? |
| 20-7902 |
John Laponte v. California |
California |
2021-04-30 |
Denied |
IFP |
constitutional-rights contract-law criminal-procedure due-process excessive-punishment incarceration plea-agreement plea-bargaining punishment sentencing |
Is petitioner entitled to enforce the terms of his plea agreement |
| 20-7903 |
Jerry W. Green, Jr. v. United States |
Eleventh Circuit |
2021-04-30 |
Denied |
Response WaivedIFP |
conspiracy-objective criminal-conviction criminal-procedure due-process evidence-sufficiency jury-finding jury-findings predicate-acts RICO-conspiracy |
Whether sufficient evidence exists to sustain a RICO conspiracy conviction when the Government charges specific predicate acts in the indictment, the … |
| 20-7882 |
Taurean Potter v. United States |
Third Circuit |
2021-04-29 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process evidence-tampering fair-trial false-testimony fourteenth-amendment government-misconduct prosecutorial-misconduct |
Whether the petitioner's Fourteenth Amendment right to a fair trial and due process was violated when the government failed to correct false testimony… |
| 20-7884 |
Roel Gilberto Melendez-Davila v. United States |
Fifth Circuit |
2021-04-29 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7886 |
Shirl A. Stephen v. United States |
District of Columbia |
2021-04-29 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fifth-amendment sentencing witness-impeachment |
Whether impeachment of a witness in a criminal trial under D.C. Code § 14-305 requires proof that the witness was actually sentenced for the prior con… |
| 20-7893 |
Anthony Edward Bridget v. California |
California |
2021-04-29 |
Denied |
IFP |
criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment trial-strategy |
Whether it is allowed for a judge to tell a jury who is biased to continue their belief in the defendant without a trial to defend against newly disco… |
| 20-7894 |
Winston A. McKenzie v. Texas |
Texas |
2021-04-29 |
Denied |
IFP |
brady-violation civil-rights constitutional-violations criminal-procedure due-process evidence-tampering material-exculpatory-evidence post-conviction-relief prosecutorial-misconduct sentencing-proceeding standing |
Whether Petitioners conviction is invalid when the evidence presented was legally insufficient to sustain a conviction |
| 20-7864 |
James E. Mason, Jr. v. Louisiana |
Louisiana |
2021-04-28 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment non-unanimous-jury ramos-retroactivity retroactivity sixth-amendment teague-framework teague-v-lane watershed-rule |
Whether Ramos v. Louisiana applies to cases on state collateral review |
| 20-7870 |
Scott Raymond Tignor v. United States |
Tenth Circuit |
2021-04-28 |
Denied |
IFP |
appellate-review criminal-procedure due-process elements-of-offense guilty-plea plea-voluntariness rehaif-v-united-states standard-of-review united-states-v-gary |
When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of… |
| 20-7872 |
Jeremy Darnell Morton v. United States |
Sixth Circuit |
2021-04-28 |
Denied |
Response WaivedIFP |
4th-amendment appeal attempt-offense career-offender controlled-substance criminal-procedure guideline-range harmless-error search-and-seizure sentencing |
Did the court of appeals err in using the harmless error rule to resolve the illegal search and seizure of $8,300? |
| 20-7873 |
Kenneth McBride v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2021-04-28 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-rights contract-duress criminal-procedure double-jeopardy due-process pro-se-representation right-to-counsel |
Whether a state can force a U.S. citizen to face criminal charges without the assistance of counsel |
| 20-7876 |
Darrell Tillery v. Darrel Vannoy, Warden |
Louisiana |
2021-04-28 |
Denied |
Response WaivedIFP |
collateral-review criminal-procedure fourteenth-amendment non-unanimous-jury Ramos-v-Louisiana retroactivity Sixth-Amendment Teague-v-Lane |
Whether Ramos v. Louisiana applies to cases on State collateral review |
| 20-7879 |
Vincent Gino Chavez v. Brian Cates, Warden |
Ninth Circuit |
2021-04-28 |
Denied |
Response WaivedIFP |
capital-case capital-cases circuit-split criminal-procedure due-process jury-instructions lesser-included-offense lesser-included-offenses noncapital-cases |
Does the Due Process Clause require giving lesser included instructions if warranted by the evidence in a noncapital criminal case? |
| 20-7881 |
Steven Lynn Oppel v. Minnesota |
Minnesota |
2021-04-28 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-misconduct judicial-reputation wrongful-conviction |
Are Minnesota courts more interested in protecting a judge's reputation than the constitutional rights of the people? |
| 20-1512 |
Gregory C. Dacanay v. Illinois |
Illinois |
2021-04-28 |
Denied |
Response Waived |
criminal-procedure fourteenth-amendment impartial-jury impartiality jury-selection law-enforcement sixth-amendment structural-error |
Whether law enforcement officers can be fair and impartial jury members in a criminal trial |
| 20-1514 |
Robert John Dodd v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2021-04-28 |
Denied |
|
child-sexual-abuse criminal-indictment criminal-procedure double-jeopardy due-process indictment ineffective-assistance ineffective-assistance-of-counsel legal-proceeding statute-of-limitations trial-counsel |
Whether trial counsel was ineffective for failing to object on Double Jeopardy grounds to nine identical carbon copy indictments |
| 20-1498 |
Kory Alexander v. Alex Jones, Acting Warden |
Seventh Circuit |
2021-04-27 |
Denied |
Response Waived |
alleyne-precedent appellate-review criminal-elements criminal-procedure double-jeopardy due-process firearm-discharge first-degree-murder jury-instructions lesser-included-offense sentencing sentencing-factor |
Whether the Illinois Appellate Court unreasonably applied Alleyne v. United States |
| 20-7853 |
Craig Allen Morgenstern v. United States |
Ninth Circuit |
2021-04-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ex-post-facto fifth-amendment ineffective-assistance jury-instructions sixth-amendment statutory-elements statutory-interpretation supervised-release |
Whether the trial court's errors in allowing modified jury instructions that impermissibly deleted statutory elements violated the defendant's Fifth a… |
| 20-7858 |
Michael Armendariz v. Leon Martinez, Warden, et al. |
Tenth Circuit |
2021-04-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel post-conviction-relief right-to-a-fair-trial |
Does the state have an absolute preserve trial evidence which the state allegedly shows supports a conviction, even if the evidence is only partially … |
| 20-7861 |
Razhden Shulaya v. United States |
Second Circuit |
2021-04-27 |
Denied |
Response WaivedIFP |
allen-charge civil-rights criminal-procedure due-process judicial-discretion jury-coercion jury-deliberation jury-deliberations jury-instructions right-to-counsel sixth-amendment |
Should a District Court issue an Allen charge when a jury bullies a holdout juror? |
| 20-7840 |
Thomas Robert Lane v. Alabama |
Alabama |
2021-04-26 |
Denied |
IFP |
capital-case constitutional-rights criminal-procedure due-process eighth-amendment expert-testimony fair-trial reliable-conviction reliable-sentence |
In a capital case, does the admission of expert testimony from a witness regarding a subject outside his area of expertise violate a defendant's Fifth… |
| 20-7843 |
Timothy Howard Johnson v. Renee Baker, Warden |
Nevada |
2021-04-26 |
Denied |
IFP |
criminal-procedure due-process evidence-exclusion retroactivity right-to-counsel right-to-defense right-to-jury-trial trial-court-discretion waiver witness-testimony |
Whether the state district court lost subject matter jurisdiction by rendering the judgment of conviction void when it failed to comply with the requi… |
| 20-7845 |
Oscar Minaya v. United States |
Second Circuit |
2021-04-26 |
Denied |
Response WaivedIFP |
924(c) actual-innocence court-of-appeals criminal-conviction criminal-procedure due-process evidence section-924c statutory-interpretation yates-precedent yates-v-united-states |
Whether a court should consider evidence of the defendant's actual innocence of the charged offenses in evaluating error under Yates v. United States |
| 20-7849 |
Ismael Lopez v. United States, et al. |
Second Circuit |
2021-04-26 |
Denied |
Response WaivedIFP |
8th-amendment accomplice-liability constitutional-review criminal-procedure due-process factor-based-analysis mandatory-sentencing mens-rea nexus proportionality-test sentencing |
Whether mandatory sentences are constitutional |
| 20-7851 |
Luis Noel Cruz, aka Noel v. United States |
Second Circuit |
2021-04-26 |
Denied |
Response WaivedIFP |
8th-amendment contemporary-standards-of-decency criminal-procedure due-process individualized-sentencing juvenile-sentencing legislative-trends life-sentence mandatory-minimum miller-rule sentencing-discretion |
Should the protections of Miller v. Alabama be extended to 18-year-olds? |
| 20-7852 |
John Elmer v. Louisiana |
Louisiana |
2021-04-26 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process in-re-winship jackson-v-virginia sufficiency-of-evidence |
Whether the State failed to meet the stringent burden of proof as established by Jackson v. Virginia and In re: Winship |
| 20-7829 |
Edmundo Bustamante-Muniz v. United States |
Fifth Circuit |
2021-04-23 |
Denied |
Response WaivedIFP |
almendarez-torres criminal-procedure criminal-sentencing due-process fifth-amendment fifth-circuit precedent-overturning sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7837 |
Sam Bradford v. Mississippi |
Mississippi |
2021-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process life-sentence miss-code-ann-47-314 murder plain-error sentencing trial-court |
Whether Petitioner's (Sam Bradford) due process rights were violated when the trial court committed plain error in imposing a natural life sentence fo… |
| 20-7838 |
Edward M. Vargas, Sr. v. Craig Koenig, Warden |
Ninth Circuit |
2021-04-23 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-charge criminal-indictment criminal-procedure due-process fair-notice indictment jury-conviction jury-instructions ninth-circuit |
Whether the Ninth Circuit misapplied this Court's precedents in ruling that Petitioner was not denied fair notice of the charges against him despite t… |
| 20-7839 |
Taquarius Kaream Ford v. United States |
Ninth Circuit |
2021-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process hearsay presentence-report rule-32 sentencing |
When the defendant personally objects at sentencing to a hearsay accusation in a presentence report that he raped a woman, even though his attorney ne… |
| 20-7818 |
Stephon Lindsay v. Alabama |
Alabama |
2021-04-22 |
Denied |
IFP |
and its progeny capital-trial consistent with Miranda v. Arizona expand the narrow public-safety-exception to Mira fifth-amendment involuntary-confession miranda-rights public-safety-exception criminal-procedure custodial-interrogation fifth-amendment miranda-warnings public-safety-exception self-incrimination |
Can a court |
| 20-7820 |
Michael J. Little v. United States |
Second Circuit |
2021-04-22 |
Denied |
IFP |
constructive-amendment criminal-intent criminal-procedure due-process foreign-accounts green-card-holder indictment second-circuit stirone-v-united-states tax-reporting willful-violation |
Whether the indictment was constructively amended to add additional undeclared 'overseas' accounts |
| 20-7822 |
Trevon Wiley v. Louisiana |
Louisiana |
2021-04-22 |
Denied |
Response WaivedIFP |
collateral-review criminal-procedure due-process equal-protection non-unanimous-verdict ramos-precedent retroactivity sixth-amendment state-criminal-procedure teague-standard unanimous-verdict |
Does the Court's decision in Ramos v. Louisiana apply to cases on state collateral review, where the State follows the retroactivity framework establi… |
| 20-7823 |
Alan Trowbridge v. Jeffrey Woods, Warden |
Sixth Circuit |
2021-04-22 |
Denied |
Response WaivedIFP |
appellate-review counsel-deficiency criminal-procedure federal-law habeas-corpus ineffective-assistance-of-counsel judicial-precedent prejudice sixth-amendment sixth-circuit strickland-standard strickland-v-washington |
Did the Sixth Circuit Court of Appeals decide an important question of federal law in a way that conflicts with this Court's holding in Strickland v. … |
| 20-7824 |
Amin Ricker v. United States |
Eighth Circuit |
2021-04-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process expert-testimony notice rebuttal trial |
Does Due Process require an expert's findings and conclusions be provided to Defendant with sufficient notice before trial to effectively rebut the op… |
| 20-7832 |
Chadwick Marvin Thompson v. United States |
Fifth Circuit |
2021-04-22 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release criminal-procedure extraordinary-circumstances federal-sentencing judicial-discretion sentencing sentencing-reduction statutory-interpretation |
What qualifies as 'extraordinary and compelling circumstances' under a Motion for Compassionate release, 18 U.S.C. 3582(c)(1) (A)? |
| 20-7834 |
Steven Cooper v. Florida |
Florida |
2021-04-22 |
Denied |
Response RequestedRelisted (2)IFP |
adverse-possession constitutional-rights criminal-mischief criminal-procedure due-process grand-theft mandamus pro-se-representation self-representation trespass |
Whether it is unconstitutional for a defendant's pro per Motion to Discharge Counsel and Waiver of Right to Counsel to be dismissed for the only reaso… |
| 20-7835 |
Steven Cooper v. Florida |
Florida |
2021-04-22 |
Denied |
IFP |
adverse-possession circuit-court constitutional-rights criminal-procedure due-process mandamus right-to-counsel trespass |
Whether a defendant has the right to waive presence at pretrial conferences |
| 20-7812 |
Clive Patrick Bowen v. United States |
Ninth Circuit |
2021-04-21 |
Denied |
Response WaivedIFP |
continuance criminal-procedure due-process right-to-counsel self-representation sixth-amendment |
Does a district court violate the Sixth Amendment or otherwise err when it grants a defendant's motion to represent himself shortly before trial but, … |
| 20-7811 |
Danny R. Pennebaker v. Randee Rewerts, Warden |
Sixth Circuit |
2021-04-20 |
Denied |
IFP |
6th-amendment civil-rights criminal-procedure due-process public-trial standing |
Whether the Sixth Amendment right to a public trial was violated when the trial court closed the courtroom to the public during the testimony of certa… |
| 20-1464 |
Rahul Ramesh Joshi v. United States |
Fifth Circuit |
2021-04-20 |
Denied |
Response Waived |
constitutional-law criminal-procedure due-process government-breach government-misconduct judicial-review plea-agreement resentencing sentencing |
Whether the government's breach of the plea agreement constituted a due-process-violation, which required remand-for-de-novo-resentencing |
| 20-1470 |
Thomas A. Jeffrey v. Pennsylvania |
Pennsylvania |
2021-04-20 |
Denied |
Response Waived |
confrontation-clause crawford-v-washington criminal-procedure due-process emergency-medical-treatment evidence-collection sexual-assault testimonial-evidence |
Whether statements made by a suspected sexual assault victim at the emergency room to hospital personnel during the sexual assault evidence collection… |
| 20-1474 |
Joseph Colone v. Superior Court of California, San Francisco County, et al. |
California |
2021-04-20 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
circuit-split criminal-procedure discovery-rules evidentiary-privilege judicial-subpoena judicial-truth-seeking non-governmental-litigant stored-communications-act subpoena truth-seeking |
Whether federal statutes must contain express privilege language before courts may decide that Congress intended the statute to create an evidentiary … |
| 20-1461 |
Jairo Acosta, Police Officer for the City of Los Banos v. Tan Lam, as Successor-in-Interest to Decedent Sonny Lam, aka Son Tung Lam |
Ninth Circuit |
2021-04-19 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
civil-rights due-process evidence officer-credibility plain-error police-use-of-force ptsd ptsd-evidence qualified-immunity reasonable-officer threat-assessment use-of-force |
Is it plain error to admit evidence of a police officer's remote PTSD diagnosis to challenge the officer's credibility and prove he was more likely to… |
| 20-7792 |
Ralph Stephen Gambina v. United States |
Ninth Circuit |
2021-04-19 |
Denied |
IFP |
career-offender criminal-procedure habeas-corpus johnson-ruling johnson-v-united-states mandatory-guidelines residual-clause section-2255 statutory-interpretation timeliness timeliness-provision |
Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker car… |
| 20-7795 |
Antwan Lamar Hutchinson v. United States |
Sixth Circuit |
2021-04-19 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion appellate-procedure competency competency-hearing criminal-procedure drope-standard due-process mental-health procedural-review sixth-circuit standard-of-review |
Should the Court reverse the Sixth Circuit's modified version of the three-factor legal test in Drope v. Missouri |
| 20-7796 |
Maurice Atkinson v. United States |
Third Circuit |
2021-04-19 |
Denied |
Response WaivedRelisted (2)IFP |
body-armor criminal-procedure due-process false-testimony obstruction-of-justice public-trial sixth-amendment |
Whether Maurice Atkinson was denied his Sixth Amendment right to a public trial |
| 20-7797 |
Jorge Luis Rosa-Hernandez v. United States |
Third Circuit |
2021-04-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court-decision due-process equal-protection sentencing sentencing-guidelines third-circuit unrelated-misconduct |
Whether the Third Circuit Court of Appeals erred in affirming the District Court's Decision in allowing the Government to use unrelated, uncharged mis… |
| 20-7800 |
Jacqueline Moore v. United States |
Ninth Circuit |
2021-04-19 |
Denied |
IFP |
appellate-review criminal-procedure fairness-standard federal-criminal-law indictment mens-rea plain-error-review rehaif-v-united-states supreme-court-decision trial-record |
Whether an appellate court may consider information outside the trial record to determine if a Rehaif error affected the fairness, integrity, or publi… |
| 20-7801 |
Cody Lee Herman v. United States |
Sixth Circuit |
2021-04-19 |
Denied |
Response WaivedIFP |
and sentencing stages plea constitutional-rights conviction criminal-procedure effective-assistance-of-counsel ineffective-assistance plea-bargaining plea-stage plea-stages pro-se-objections right-to-counsel sentence sentencing sentencing-stage |
Whether Petitioner's Right to the Effective Assistance of Counsel Was Violated During the Pretrial and Plea Stages |
| 20-7802 |
Michael Green v. Illinois |
Illinois |
2021-04-19 |
Denied |
IFP |
6th-amendment 8th-amendment civil-rights constitutional-law criminal-procedure due-process judicial-review legal-doctrine precedent public-policy standing statutory-interpretation |
Whether there exists a factual basis to support petitioner's conviction |
| 20-7803 |
Jonathan S. Hall v. Delaware |
Delaware |
2021-04-19 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment judicial-discretion sentencing-guidelines standing supreme-court-review takings |
Whether the federal and state laws predicated on the Constitutionally-questionable Gun Control Act of 1968 are unconstitutional or illegal, and whethe… |
| 20-7772 |
Tanelle M. Jefferson v. Ohio |
Sixth Circuit |
2021-04-16 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process hearsay reasonable-doubt sufficiency-of-evidence |
Whether the State of Ohio proved the petitioner's guilt beyond a reasonable doubt? |
| 20-7774 |
Kevin Johnson v. Texas |
Texas |
2021-04-16 |
Denied |
Response WaivedIFP |
appellate-review civil-rights confrontation-clause criminal-procedure double-standard due-process evidentiary-standard expert-testimony forensic-evidence ineffective-assistance post-conviction |
Whether the court of appeal erred in allowing the use of statements of unaddressed witnesses as basis for expert opinions and presenting their finding… |
| 20-7793 |
Edgar Ivan Lira Estrada v. United States |
Fifth Circuit |
2021-04-16 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-1451 |
Tracy Nixon v. General Motors Corporation |
Federal Circuit |
2021-04-16 |
Rehearing |
Relisted (2) |
abuse-of-discretion civil-procedure due-process evidence judicial-review standing |
Whether the U.S. District Court erred in its decision adopting the Magistrate Judge's order |
| 20-1460 |
Rolando Cruz, Jr. v. United States |
Third Circuit |
2021-04-16 |
Dismissed |
Response Waived |
appellate-review conspiracy criminal-procedure evidence evidence-standard indictment indictment-variance rico-conspiracy third-circuit united-states-v-rowe |
Whether the Third Circuit erred in affirming RICO conspiracy convictions based on evidence of a different conspiracy than was charged |
| 20-1445 |
Nathan Ray Foreman v. Texas |
Texas |
2021-04-15 |
Denied |
Response Waived |
affidavit computer-evidence criminal-procedure evidence-seizure fourth-amendment probable-cause search-and-seizure surveillance-equipment warrant-application |
Whether the decision of the Texas Court of Criminal Appeals constitutes an unreasonable application of this Court's clearly established precedent, by … |
| 20-7768 |
Byron L. Hagans v. Mark Brnovich, Attorney General of Arizona, et al. |
Ninth Circuit |
2021-04-15 |
Denied |
IFP |
criminal-procedure due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment |
Whether the petitioner's Sixth and Fourteenth Amendment constitutional rights were violated when he was tried in absentia without being informed of th… |
| 20-7784 |
Bryan Keith Goins v. United States |
Sixth Circuit |
2021-04-15 |
Denied |
Response WaivedIFP |
appeal appellate-review court-jurisdiction criminal-procedure due-process filing-deadline ineffective-assistance-of-counsel judicial-interpretation legal-timeliness procedural-requirements sentencing writ-of-certiorari |
Whether the petitioner's sentence was unconstitutional |
| 20-7785 |
Kevino Graham v. United States |
Third Circuit |
2021-04-15 |
Denied |
Response WaivedIFP |
constitutional-vagueness criminal-procedure criminal-statute due-process effective-assistance-of-counsel human-trafficking sixth-amendment statutory-interpretation vagueness |
Whether petitioner Graham was denied his Sixth Amendment right to effective assistance of counsel when counsel failed to challenge |
| 20-7737 |
Marjuan Shondell Fleming v. United States |
Sixth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights crack-cocaine criminal-justice-reform criminal-procedure first-step-act post-conviction right-to-counsel sentence-enhancement sentencing sixth-amendment statutory-interpretation |
Whether the First, Fourth, and Sixth Circuits have erred in their interpretation of the 'covered offense' provision of the First Step Act of 2018, inv… |
| 20-7738 |
Elmer W. Grant, Jr. v. United States |
District of Columbia |
2021-04-14 |
Denied |
Response WaivedIFP |
5th-amendment-14th-amendment constitutional-amendments criminal-procedure due-process grand-jury grand-jury-selection judicial-precedent jurisdiction precedent subject-matter-jurisdiction |
Validity-of-indictment-with-foreman-signature-only |
| 20-7740 |
Jason Robert Vickers v. Kenneth Diggs, Warden |
Fourth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction |
Whether a criminal defendant can challenge an indictment and/or conviction after a coerced guilty plea |
| 20-7744 |
Millard Price v. Delaware |
Delaware |
2021-04-14 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure disciplinary-actions due-process equal-protection habeas-corpus ineffective-assistance-of-counsel parole sentencing state-court |
Question not identified |
| 20-7752 |
Bralen Lamar Jordan v. Kathleen H. Sawyer, et al. |
Seventh Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
bribery civil-procedure civil-rights document-misstatement due-process evidence judicial-misconduct legal-misconduct malicious-prosecution prosecutorial-misconduct |
Question not identified |
| 20-7754 |
Robert Roland Yerton, Jr. v. Oklahoma |
Oklahoma |
2021-04-14 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus judicial-review jurisdiction mandamus mandamus-relief post-conviction standing state-court state-courts |
Whether the Oklahoma Court of Criminal Appeals (OCCA) erred in denying a writ of mandamus |
| 20-7755 |
Wilbert James Veasey, Jr. v. United States |
Fifth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
civil-regulations constitutional-rights due-process evidence fact-finding fair-trial judicial-proceedings jury-instructions sixth-amendment |
Did the district court's jury instruction impermissibly impair and redirect the jury's considerations of the evidence by adding words from civil regul… |
| 20-7756 |
Brandon Lamar Tademy v. Colorado |
Colorado |
2021-04-14 |
Denied |
Response WaivedIFP |
constitutional-rights discovery due-process evidence sanctions spoliation |
Whether the district court erroneously denied the petitioner's motion to dismiss or impose other appropriate sanctions for destruction of evidence, in… |
| 20-7757 |
James L. Toliver v. Florida |
Florida |
2021-04-14 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process equal-protection harmless-error jury-instructions standard-of-review |
Whether similarly situated criminal defendants should be treated equally in pipeline cases where erroneous jury instructions have been given? |
| 20-7759 |
Roderick Williams v. Dexter Payne, Director, Arkansas Department of Correction |
Eighth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
brady-violation civil-rights criminal-procedure due-process exculpatory-evidence habeas-relief |
Whether the failure to disclose exculpatory evidence results in a Brady violation warranting the grant of habeas relief? |
| 20-7761 |
Andrew Indelicato Peterson v. S. Butler, Warden |
Sixth Circuit |
2021-04-14 |
Denied |
IFP |
conviction-challenge criminal-procedure due-process essential-elements evidence-admissibility felon-in-possession knowledge-of-status plea-agreement prior-conviction prior-misconduct sentencing statutory-interpretation |
Whether a defendant who has not served over a year in prison can assume his prior conviction was vacated for purposes of a felon-in-possession charge |
| 20-7764 |
Jamil Stefon Carter v. O'Bell T. Winn, Warden |
Sixth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel jury-selection motion-to-suppress plea-withdrawal right-to-appeal |
Whether due process requires plea withdrawal where the petitioner was unaware that his guilty plea waived his right to appeal the denial of a pre-tria… |
| 20-7765 |
Jared Andrew Martin v. California |
California |
2021-04-14 |
Denied |
IFP |
civil-procedure constitutional-vagueness criminal-procedure criminal-statute culpability due-process evidence jury mens-rea standing statutory-interpretation |
Question not identified |
| 20-7677 |
Juan Manuel Fuentes-Morales v. United States |
Fourth Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
attorney-speech constitutional-interpretation criminal-procedure due-process fourth-circuit jury-instruction jury-instructions reasonable-doubt victor-v-nebraska |
Whether the Fourth Circuit's reasonable doubt charge conflicts with Victor v. Nebraska |
| 20-7713 |
Anthony Keenan Sharp v. Lawrence Long, Judge, Second Judicial Circuit Court of South Dakota, et al. |
Eighth Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection exculpatory-evidence fair-trial freedom-of-speech prosecutorial-misconduct unlawful-search-and-seizure |
Whether the petitioner's constitutional rights to due process, equal protection, freedom from cruel and unusual punishment, and freedom from unlawful … |
| 20-7727 |
Hasan Shareef v. Brian Palko, et al. |
Third Circuit |
2021-04-13 |
Rehearing |
Relisted (2)IFP |
6th-amendment case-statement civil-rights constitutional-provisions criminal-procedure due-process jurisdiction jury-selection legal-reasoning public-trial statutory-provisions writ |
Whether the Sixth Amendment right to a public trial applies to jury selection proceedings |
| 20-7728 |
Keith Smeaton v. United States |
Ninth Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
ada civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel learning-disability plea-conviction prosecutorial-misconduct standing |
Whether the appellant's constitutional rights under the 1st, 5th, 6th, and 14th Amendments were denied |
| 20-7707 |
Charles Michael Ledford v. United States |
Fourth Circuit |
2021-04-12 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process plea-bargaining statutory-interpretation |
Whether the Fourth Circuit Court of Appeals erred by dismissing Mr. Ledford's meritorious arguments due to the appellate waiver language of the plea a… |
| 20-7711 |
Scott Dwayne Chatman v. Iowa |
Iowa |
2021-04-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process incompetency incompetent-defendant iowa-court-of-appeals iowa-courts judicial-review mental-competency |
Did the Iowa court of appeals deny an incompetent defendant due process? |
| 20-7716 |
Milton Mosley v. United States |
Third Circuit |
2021-04-12 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio |
Whether the lower courts' finding that suspicion of criminal activity was not 'specific, individualized, and reasonable' is contrary to Terry v. Ohio |
| 20-7720 |
Corey Denard Thomas v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-04-12 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-claims criminal-procedure due-process federal-review habeas-corpus judicial-interpretation procedural-rules sentencing standing state-court-procedure |
Are Ferecal Couels Allowed fo Tatecfees with pendine Stete Couet PROCEEDINGS |
| 20-7721 |
Shannon Demond Dotson v. Tunica-Biloxi Gaming Commission, et al. |
Fifth Circuit |
2021-04-12 |
Denied |
IFP |
civil-procedure consent-extension-of-time due-process evidence federal-jurisdiction jurisdiction legal-standing service-of-process standing subject-matter-jurisdiction tribal-law |
Why the courts never acknowledged that the plaintiff never consented to the Defendant request for Extension of Time? |
| 20-7723 |
Dangelo Davis v. United States |
Sixth Circuit |
2021-04-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-endeavor criminal-procedure double-jeopardy drug-amount drug-charges due-process RICO sentencing sixth-circuit |
Did the decision of the Court of Appeals for the Sixth Circuit err when concluding that Davis adopted the goal of furthering or facilitating the crimi… |
| 20-7726 |
James Ray Davis v. Gary Musselwhite, Warden |
Eighth Circuit |
2021-04-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure discovery due-process ineffective-assistance-of-counsel judicial-review legal-procedure motion-to-dismiss sentencing statutory-interpretation |
whether-the-petitioner's-sentence-was-lawful |
| 20-7697 |
Matthew Berckmann v. United States |
Ninth Circuit |
2021-04-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-rule evidence-rule-404(b) evidentiary-standard federal-rules-of-evidence motive-opportunity-intent propensity-evidence rule-404b same-victim victim-testimony |
Whether other act evidence under Rule 404(b) involving the same 'victim' is automatically admissible |
| 20-7699 |
DeAngelo Horn v. Florida |
Florida |
2021-04-09 |
Denied |
Response WaivedIFP |
admissibility banks-v-dretke brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process exculpatory-evidence federal-habeas pretrial-discovery prosecutorial-misconduct |
Whether courts may impose a due diligence requirement for Brady claims that focuses on the defense rather than the government |
| 20-7700 |
Robert Ibarra v. W. L. Montgomery, Acting Warden |
Ninth Circuit |
2021-04-09 |
Denied |
Response WaivedIFP |
co-defendant-statements co-perpetrator-statements confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process evidence-exclusion first-degree-murder hearsay right-to-defense right-to-present-defense |
Does the exclusion of statements by a co-perpetrator that he was solely responsible for the charged murder and the defendant was innocent violate the … |
| 20-7702 |
Covia Dzell Smith v. United States |
Fourth Circuit |
2021-04-09 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure due-process evidentiary-errors fair-trial fourth-circuit-review ineffective-assistance right-to-present-defense sentencing sentencing-guidelines |
Whether trial counsel's ineffective assistance deprived Mr. Smith of the right to offer evidence in his defense |
| 20-7689 |
Herve Wilmore, Jr. v. United States |
Eleventh Circuit |
2021-04-08 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-claim constitutional-rights criminal-procedure due-process federal-rules habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misconstruction |
Does the court's misconstruction of the habeas corpus claim violate due process of law? |
| 20-7691 |
Ernest Donald Washington v. Tammy Williams, Warden, et al. |
Fourth Circuit |
2021-04-08 |
Denied |
IFP |
appeal civil-rights constitutional-claims criminal-procedure due-process evidence federal-jurisdiction habeas-corpus ineffective-assistance jurisdiction ninth-circuit procedural-default |
Whether the district court lacked subject matter jurisdiction to try the petitioner |
| 20-7692 |
Donald Violett v. John R. Grise |
Kentucky |
2021-04-08 |
Denied |
IFP |
actual-innocence attorney-client-privilege civil-rights criminal-procedure due-process government-misconduct habeas-corpus state-court-review void-judgment |
Can a state court convict and incarcerate a petitioner on dismissed and fabricated charges based on new evidence? |
| 20-7672 |
James Michael Garcia v. United States |
Ninth Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
assault child-abuse criminal-procedure double-jeopardy due-process guilty-plea plea-bargaining sentencing serious-bodily-injury |
Whether the government may pursue an assault charge after a defendant pleads guilty to felony child abuse where the assault charge subsumes the pled p… |
| 20-7673 |
Atticus Sliter-Matias v. United States |
Third Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure due-process evidence-law fifth-amendment plain-error self-incrimination |
Whether the Third Circuit Court of Appeals erred in affirming the District Court's judgment of conviction and sentence by failing to find that the dis… |
| 20-7674 |
Kuantau Reeder v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-04-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
brady-v-maryland brady-violation criminal-procedure due-process giglio-v-united-states impeachment-evidence materiality materiality-standard prosecutorial-misconduct witness-credibility |
Whether the Louisiana Fourth Circuit Court of Appeal failed to correctly apply clearly established federal law as announced by this Court when it held… |
| 20-7675 |
John G. Stroming v. United States |
Second Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
age-gender-differences child-molestation criminal-procedure criminal-propensity evidence evidence-admissibility evidentiary-rules federal-law prior-convictions propensity victim-characteristics |
Whether prior convictions for crimes of child molestation can be admitted into evidence where — because of differences in the age and gender of the vi… |
| 20-7676 |
Aaron Orlando Richards v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
circumstantial-evidence criminal-conviction criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia motion-for-bill-of-particulars motion-to-suppress reasonable-doubt sixth-amendment sufficiency-of-evidence |
Whether the State presented sufficient evidence to convict under Jackson v. Virginia |
| 20-7680 |
Jonathan Beasley v. United States |
Fifth Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-statute federal-prosecution felon-in-possession firearm-possession mens-rea rehaif-v-united-states statutory-interpretation |
Whether the government must prove the defendant knew his prior conviction prohibited firearm possession |
| 20-7686 |
Lonnie Alonzo Howard v. United States |
Eighth Circuit |
2021-04-07 |
Denied |
IFP |
appellate-review armed-career-criminal-act circuit-court criminal-procedure evidence-sufficiency felon-in-possession plain-error sufficiency-of-evidence trial-record |
Whether this case should be held pending Greer v. United States |
| 20-7671 |
Ronald E. Johnson v. Derek Schmidt, Attorney General of Kansas, et al. |
Tenth Circuit |
2021-04-06 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process kansas-supreme-court mandatory-minimums mandatory-sentencing sentencing sentencing-modification sixth-amendment statutory-interpretation sua-sponte |
Was Astorga v. Kansas remanded back to the Kansas Supreme Court for the purpose of correcting with the Mandatory Sentence modification of Hard 40/50 p… |
| 20-7655 |
Lisa Bershan v. United States |
Second Circuit |
2021-04-05 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure downward-departure judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines variances |
Should a sentencing judge be required to rule on downward departure requests before considering variances? |
| 20-7658 |
Johnny Rice v. Frank Vanihel, Warden |
Seventh Circuit |
2021-04-05 |
Denied |
IFP |
civil-rights criminal-procedure due-process franks-v-delaware ineffective-assistance standing |
Was trial counsel ineffective when he failed to suppress the affidavit due to the insufficiency of Count I and Rape, and when counsel failed to seek a… |
| 20-7628 |
Daryl Fitzgerald Johnson v. Mississippi |
Mississippi |
2021-04-02 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-rights court-of-appeals criminal-procedure due-process jurisdiction legal-procedure standing supreme-court trial-court writ-of-certiorari |
Did the Supreme Court of Mississippi have jurisdiction to hear a direct appeal from the Court of Appeals where there are two duty members who refused … |
| 20-7630 |
Scott Paul Madlock v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-04-02 |
Denied |
IFP |
constitutional-law criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination sixth-amendment |
Whether the United States Court of Appeals for the Sixth Circuit's decision sanctioned a departure from the accepted and usual course of judicial proc… |
| 20-7626 |
Robert Frank Miller v. United States |
District of Columbia |
2021-04-01 |
Denied |
Response WaivedIFP |
appellate-review appellate-standards criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-discretion probable-cause waiver |
Whether certiorari should be granted to clarify that probable cause must be based on actual facts, rather than mere assumptions interposed by the cour… |
| 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 rend… |
| 20-7635 |
Lisa Biron v. United States |
First Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
conviction-review criminal-procedure federal-criminal-statute federal-habeas fundamental-defect gonzalez-v-crosby intent-element procedural-default rule-60(b) rule-60b section-2255 state-prisoner |
When the trial court's misunderstanding or the mental intent element of a federal criminal statute becomes apparent in a conclusory footnote in its de… |
| 20-7640 |
Nicholas Corey Garner v. United States |
Sixth Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure email-search ineffective-assistance ineffective-assistance-of-counsel presentence-report restitution search-and-seizure sentencing sixth-circuit |
Whether counsel was constitutionally ineffective for failing to object to presentence report and failing to raise objection to lack of restitution rec… |
| 20-7641 |
Brian Hawkins v. Tim Shoop, Warden |
Sixth Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights credibility-analysis criminal-procedure due-process lovasco-standard pre-indictment-delay prosecutorial-discretion trial-court-error united-states-v-lovasco |
Has the trial court erred by adding a credibility analysis to an unjustifiable pre-indictment delay test of Due Process : prescribed by United States … |
| 20-7644 |
Skip Hansen v. Kentucky |
Kentucky |
2021-04-01 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure due-process evidence-exclusion fourteenth-amendment right-to-defense right-to-present-defense sixth-amendment witness-testimony |
Did the Kentucky Court of Appeals allow Mr. Hansen's right to present a full and complete defense, which is protected by the Sixth and Fourteenth Amen… |
| 20-7612 |
Michael D. Johnson v. Indiana |
Indiana |
2021-03-31 |
Denied |
Amici (2)Response WaivedIFP |
actual-suspicion circuit-split criminal-procedure fourth-amendment law-enforcement objective-standard reasonable-suspicion search-and-seizure terry-frisk terry-stop |
May a court uphold a Terry frisk where the frisking officer did not actually suspect that the detainee was armed and dangerous? |
| 20-7615 |
Duane Eugene Owen v. Florida |
Florida |
2021-03-31 |
Denied |
IFP |
capital-case constitutional-claims criminal-procedure death-penalty equal-protection florida-supreme-court fourteenth-amendment habeas-corpus penalty-phase procedural-history retroactivity supreme-court-review |
Whether Petitioner was denied equal protection under the Fourteenth Amendment to the United States Constitution when the Florida Supreme Court decline… |
| 20-7623 |
Michael Eric Drake v. Pennsylvania |
Pennsylvania |
2021-03-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prior-bad-acts sixth-amendment trial-counsel |
Did the Pennsylvania Superior Court ignore the Sixth and Fourteenth Amendments when it found no issue with trial counsel's failure to protect his clie… |
| 20-7604 |
Christopher Johnson v. United States |
Ninth Circuit |
2021-03-31 |
Denied |
IFP |
appellate-review criminal-procedure due-process guilty-plea indictment mens-rea plain-error rehaif |
Whether the appellate court may assume the indictment alleges a federal offense and consider material outside the trial record to adjudicate the defen… |
| 20-1369 |
Mohammed Jabateh v. United States |
Third Circuit |
2021-03-31 |
Denied |
|
appellate-review conviction criminal-conviction criminal-procedure federal-criminal-rule federal-criminal-rule-52(b) plain-error plain-error-rule sentencing statutory-construction |
Does the plain error rule permit affirmance of a federal criminal conviction and sentence based on conduct that concededly does not violate the charge… |
| 20-1371 |
Bart Posey, Sr. v. United States |
Sixth Circuit |
2021-03-31 |
Denied |
Response Waived |
appeal appellate-counsel constitutional-right criminal-procedure due-process duty-to-consult habeas-corpus ineffective-assistance right-to-counsel |
Whether the duty to consult about an appeal requires the effective assistance of counsel |
| 20-7600 |
Antonio Navarro v. California |
California |
2021-03-30 |
Denied |
IFP |
confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment translation-evidence witness-testimony |
Whether the admission of a translation of a witness's statement made in anticipation of litigation without calling the translator at trial for cross-e… |
| 20-7611 |
Jamar Garrison v. United States |
Sixth Circuit |
2021-03-30 |
Denied |
IFP |
brady-rule brady-violation constitutional-rights criminal-procedure discovery-obligations due-process harmless-error rule-16 sixth-circuit |
should-a-writ-of-certiorari-issue-to-review-the-brady-and-rule-16-due-process-violations |
| 20-7579 |
Donald Phillips v. Texas |
Texas |
2021-03-29 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-misconduct juror-misconduct jury prosecutorial-misconduct sixth-amendment trial-procedure |
Is it proper or a violation of the 6th Amendment due process law for a defense attorney to discover that during testimony in trial one of the jurors w… |
| 20-7590 |
Billy Earl Parker v. Oklahoma |
Oklahoma |
2021-03-29 |
Denied |
IFP |
burden-of-proof civil-liberties constitutional-rights criminal-procedure due-process equal-protection evidence habeas-corpus judicial-review legal-procedure statutory-interpretation |
Question not identified |
| 20-7591 |
Herminio Perales-Perez v. United States |
Fifth Circuit |
2021-03-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7594 |
Rashawn Donnell Williams v. United States |
Fourth Circuit |
2021-03-29 |
Denied |
Response WaivedIFP |
appeal conviction criminal-procedure due-process sentencing statutory-interpretation |
Whether the 3-judge panel incorrectly upheld the petitioner's conviction and sentence despite the holdings in U.S. v. Davis and Davis v. U.S. that wer… |
| 20-7597 |
In Re Gary Peel |
|
2021-03-29 |
Denied |
Response WaivedIFP |
appeals appellate-procedure criminal-procedure due-process habeas-corpus judicial-delay mandamus seventh-circuit subject-matter-jurisdiction writ-of-mandamus |
Whether a Writ of Mandamus should issue |
| 20-7571 |
Hilliard A. Fulgham v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2021-03-26 |
Denied |
IFP |
civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel interstate-agreement-on-detainers interstate-detainer judicial-discretion trial-fairness waiver |
Is an objection required before a court would have understanding that a detainee did not want to be tried after the time-line set in his involuntary r… |
| 20-7572 |
Jim Bass Holden v. Nevada, et al. |
Ninth Circuit |
2021-03-26 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review circuit-split conflict-of-laws constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-discretion procedural-default right-to-counsel |
Whether the use of a Brecon ment / wmnte wukecwautt Seven s\\k ¢ QQ violates the Sixth Amendment right to counsel |
| 20-7573 |
Merrickio D. Harris v. Nebraska |
Nebraska |
2021-03-26 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-proceedings due-process fundamental-fairness judicial-review self-representation structural-error |
Whether the Nebraska State Courts committed structural error and violated the Petitioner's Federal Constitutional Rights to Self-Representation and Du… |
| 20-7576 |
Humberto Rodriguez, Jr. v. Texas |
Texas |
2021-03-26 |
Denied |
IFP |
criminal-procedure jurisdictional-determination rir-nabisco-v-european-cmty rjr-nahisco state-courts state-criminal-cases subject-matter-jurisdiction tribunal-power two-step-test |
Does the Supreme Court's Two-Step Test to determine it created in, RIR Nabisco V. European Cmty, 136 5.Ct. 2090, also apply to State criminal cases to… |
| 20-7580 |
Trinidad Jesus Garcia v. United States |
Eighth Circuit |
2021-03-26 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure criminal-procedure due-process federal-sentencing individualized-circumstances judicial-discretion plain-error reasonableness sentencing sentencing-guidelines |
Whether formal objection to sentencing is necessary to invoke plain error review of the reasonableness of a sentence |
| 20-7582 |
Lonzell Green v. California |
California |
2021-03-26 |
Denied |
Response WaivedIFP |
brady-v-maryland constitutional-rights criminal-procedure due-process fair-trial federal-review fourteenth-amendment procedural-challenge standing state-court writ-of-certiorari |
Question not identified |
| 20-7585 |
Charles D. Bowser v. Kansas |
Kansas |
2021-03-26 |
Denied |
Response WaivedIFP |
bias criminal-procedure due-process judicial-bias north-carolina-v-pearce plea-bargain prejudice sentencing |
Whether this Court should grant certiorari to resolve the issue if the Due Process Clause and North Carolina v. Pearce, 395 U.S. 711, 89 S. Ct. 2072, … |
| 20-7547 |
Saloman Martinez v. United States |
Sixth Circuit |
2021-03-25 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-interpretation criminal-law criminal-procedure due-process evidence judicial-discretion kentucky-law sentencing-guidelines sixth-amendment standard-of-proof supreme-court-precedent |
Whether the defendant's conviction and sentence are in conflict with the Supreme Court's precedents in (1) Crawford v. Washington, 541 U.S. 36 (2004),… |
| 20-7556 |
Terrence A. McKnight v. R. Johnson, et al. |
Ninth Circuit |
2021-03-25 |
Denied |
Response WaivedIFP |
9th-circuit appellate-review criminal-procedure due-process habeas-corpus harmless-error hearsay-evidence prosecutorial-misconduct standards-of-review |
Did the California Court of Appeal unreasonably determine that the established prosecutorial misconduct was harmless? |
| 20-7567 |
Brent Douglas Cole v. United States |
Ninth Circuit |
2021-03-25 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment civil-rights criminal-procedure due-process exigent-circumstances grand-jury habeas-corpus judicial-procedure legal-rights search-and-seizure standing |
Whether the Fourth Amendment requires a warrant for a warrantless search of a person's home based on exigent circumstances when the person is not pres… |
| 20-1347 |
Selvin Eduardo Zecena-Valdez v. Nevada |
Nevada |
2021-03-25 |
Denied |
|
confrontation-clause criminal-procedure due-process evidence evidence-admissibility fair-trial prior-bad-acts reverse-404(b) sexual-assault |
Whether the Supreme Court of Nevada's interpretation and application of Nevada Revised Statute (NRS) 48.045(2) deprived Mr. Zecena of his right to a f… |
| 20-1356 |
Eduardo Lopez v. United States |
Eleventh Circuit |
2021-03-25 |
Denied |
|
appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states |
Does a guilty plea automatically waive a defendant's right to appeal a structural defect in the underlying proceedings? |
| 20-7543 |
Victor Real-Alomar, aka Toston v. United States |
First Circuit |
2021-03-24 |
Denied |
Response WaivedIFP |
appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver |
Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the governme… |
| 20-7549 |
Shane Arnold v. United States |
Ninth Circuit |
2021-03-24 |
Denied |
IFP |
criminal-procedure defense district-court due-process evidence evidence-introduction knowledge-of-status plain-error rehaif-standard Rehaif-v-United-States trial-error |
Whether a defendant satisfies the final two prongs of plain-error review for a Rehaif-v-United-States trial error |
| 20-7551 |
Dennis Roger Bolze v. Warden, FCI Coleman |
Sixth Circuit |
2021-03-24 |
Denied |
Response WaivedRelisted (2)IFP |
counsel-deprivation criminal-procedure criminal-proceedings due-process habeas-corpus jurisdiction miscarriage-of-justice right-to-counsel state-law subject-matter-jurisdiction |
When a State intentionally abandons State law and deprives an individual of counsel during a critical stage in the criminal proceedings, does the stat… |
| 20-7554 |
Eron Jordan v. United States |
Fourth Circuit |
2021-03-24 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure due-process habeas-corpus jurisdiction speedy-trial |
Whether the district court erred in denying the defendant's motion to dismiss and ordering the defendant to stand trial within five days without a hea… |
| 20-7521 |
Lionel Lewis v. New York |
New York |
2021-03-23 |
Denied |
Response WaivedIFP |
constitutional-rights courtroom-closure criminal-procedure due-process public-trial sixth-amendment undercover-officer |
Does an undercover officer's interest in potentially continuing undercover work in the general area where a defendant's family members reside categori… |
| 20-7529 |
Brian E. Moore v. United States |
District of Columbia |
2021-03-23 |
Denied |
Response WaivedIFP |
appeal attorney-client-privilege criminal-intent evidence obstruction threats |
Are mere statements of intent to commit a crime made in the course of an attorney-client representation protected by the attorney-client privilege? |
| 20-7535 |
Gilberto Medina-Jasso v. Georgia |
Georgia |
2021-03-23 |
Denied |
IFP |
child-molestation constitutional-law constitutional-rights criminal-procedure due-process lesser-included-offense sexual-battery trial-court |
Whether the trial court's failure to charge sexual battery as a lesser included offense of child molestation deprived Petitioner of a due process righ… |
| 20-7538 |
Frankie Lewis Jones v. Georgia |
Georgia |
2021-03-23 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process fourth-amendment interstate-agreement personal-detention probable-cause search-and-seizure sentencing statute-of-limitations warrantless-search |
Does FH petitioner receive dismissal on a conviction and sentence for violation of interstate agreement on detainers |
| 20-7542 |
Calvin Lewis Carter, III v. Illinois |
Illinois |
2021-03-23 |
Denied |
IFP |
court-procedure criminal-procedure defendant-rights evidentiary-rulings fourth-amendment judicial-interpretation legal-challenge privacy procedural-rules search seizure standing |
Whether the petitioner's observation of 'by' char' from outside a residential building violates the Fourth Amendment's prohibition on unreasonable sea… |
| 20-7515 |
Samuel Woody v. New Jersey |
New Jersey |
2021-03-22 |
Denied |
Relisted (2)IFP |
conflict-of-interest criminal-procedure due-process false-allegations ineffective-assistance vindictive-behavior witness-testimony |
Whether counsel was ineffective for failing to investigate and call a witness with a potential conflict of interest who could speak to the alleged vic… |
| 20-7516 |
Josue Portillo v. United States |
Second Circuit |
2021-03-22 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment incorrigibility juvenile-justice juvenile-offenders miller-rule miller-v-alabama proportionality sentencing |
Whether, absent proof of incorrigibility, a district court can sentence a defendant to fifty-five years imprisonment without parole for participating … |
| 20-7523 |
Joseph M. Bryant v. Louisiana |
Louisiana |
2021-03-22 |
GVR |
Response RequestedRelisted (2)IFP |
constitutional-rights criminal-conviction criminal-procedure direct-review due-process equal-protection habeas-corpus non-unanimous-jury ramos-v-louisiana retroactivity supreme-court-precedent |
Is Petitioner convicted by a non-unanimous verdict, whose case is not yet final, entitled to the benefit of the holding in Ramos? |
| 20-7524 |
Mathew Ryan Byrd v. United States |
Fourth Circuit |
2021-03-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge criminal-procedure due-process federal-sentencing fourth-amendment habeas-corpus judicial-review parolee probationer search-and-seizure |
Whether the Fourth Amendment prohibits the warrantless search and seizure of a person's home and personal effects based solely on the person's status … |
| 20-7528 |
Jonathan Figueroa-Serrano v. United States |
Eighth Circuit |
2021-03-22 |
Denied |
IFP |
appellate-review conditional-plea criminal-procedure federal-courts federal-rules harmless-error plea-bargaining sentencing |
In conditional plea appeals, is an error harmless when (1) the error did not affect the defendant's choice to plead guilty; or (2) the error did not a… |
| 20-7502 |
Vaughn Alexander Cropper v. United States |
Eleventh Circuit |
2021-03-19 |
Denied |
IFP |
2nd-amendment appellate-review civil-rights constitutional-challenge criminal-indictment criminal-procedure due-process federal-jurisdiction firearms-regulation Second-Amendment standing statutory-interpretation |
Whether the Eleventh Circuit erred in upholding petitioner's conviction under 18 U.S.C. § 922(g)(1) despite his as-applied Second Amendment challenge |
| 20-7503 |
Mark Randall Jones v. United States |
Fifth Circuit |
2021-03-19 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process evidence-admissibility fourth-amendment fourth-amendment-violation gut-feeling mail-chute post-office warrantless-search warrantless-seizure |
Whether the Warrantless Seizure of Packages from the Mail Chute at the U.S. Post Office Based on Nothing More than a 'Gut Feeling' Violates the Fourth… |
| 20-7509 |
Erik Santiago Leon Del Angel v. United States |
Ninth Circuit |
2021-03-19 |
Denied |
Response WaivedIFP |
continuance criminal-procedure defendant-rights district-court-discretion due-process immigration immigration-proceedings judicial-error jurisdiction procedural-fairness sentencing sentencing-continuance |
Did the District Court prejudicially err by denying petitioner's request to continue his sentencing so he may first appear in Immigration Court? |
| 20-7512 |
Forrest R. Cox, III v. Nebraska |
Nebraska |
2021-03-19 |
Denied |
Response WaivedIFP |
case-law constitutional-rights criminal-procedure federal-statute fourth-amendment good-faith-doctrine immutable-evidence independent-source-doctrine search-warrant |
Whether the Nebraska Supreme Court erred in applying the good-faith doctrine to a search warrant executed after the federal statute and relevant case … |
| 20-7486 |
Carlos Guzman-Merced v. United States |
First Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
28-usc-2106 appellate-remedy appellate-review criminal-procedure indictment indictment-dismissal judicial-discretion plain-error plain-error-review remedial-authority statutory-interpretation |
Whether a Court of Appeals can order an indictment dismissed as part of the appellate remedy |
| 20-7488 |
William Douglas Hampton v. Mark Williams, Warden |
Fifth Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
appellate-waiver civil-rights commerce-clause constitutional-rights criminal-procedure due-process electronic-fraud free-speech plea-agreement standing statutory-interpretation |
Does the specific wording of 18 USC § 2256(a) require that any 'visual depiction of such conduct' also require that the person knows or has reason to … |
| 20-7489 |
Michael Formica v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-procedure due-process fabricated-evidence fourth-circuit habeas-corpus ineffective-assistance-of-counsel procedural-standards standing |
Whether the Fourth Circuit decision was debatable not to review the merits of the claims |
| 20-7491 |
Esmervi Carone Rodriguez v. United States |
Fifth Circuit |
2021-03-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
bad-faith circuit-court circuit-split constitutional-law criminal-procedure evidence-spoliation jury-instructions legal-force pattern-instructions spoliation-of-evidence |
whether-pattern-jury-instructions-have-independent-legal-force |
| 20-7492 |
Justice Towan Roundtree v. United States |
Fourth Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
alternative-sentence appellate-review circuit-split criminal-procedure district-court-discretion guidelines harmless-error sentencing sentencing-guidelines |
Whether a Guidelines error is harmless when the district judge issues an alternative sentence |
| 20-7500 |
Christopher Nathaniel Brown v. Florida |
Florida |
2021-03-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process extrinsic-evidence self-defense state-courts victim-history |
Does Florida state courts deny defendants their Due Process Rights when the courts exclude extrinsic evidence which would corroborate defendant's know… |
| 20-7461 |
David Kendrick v. United States |
Third Circuit |
2021-03-17 |
Denied |
Response WaivedIFP |
aggregation alleyne-precedent alleyne-v-united-states criminal-procedure drug-conspiracy drug-quantity mandatory-sentence mandatory-sentencing rowe-interpretation threshold-quantity united-states-v-rowe |
Whether the government must prove the defendant conspired to actually possess the threshold drug amount at a given time, rather than rely on an aggreg… |
| 20-7464 |
Stephen D. Long v. Ohio |
Ohio |
2021-03-17 |
Denied |
Response WaivedIFP |
4th-amendment anonymous-informant criminal-procedure exclusionary-rule fourth-amendment probable-cause search-warrant standing totality-of-the-circumstances |
Can a search warrant issue for a private residence based solely on the uncorroborated statement of an anonymous citizen informant? |
| 20-7467 |
Timothy Wayne Carver v. United States |
Eleventh Circuit |
2021-03-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment |
Where plea counsel's ineffective assistance causes a defendant to misapprehend the consequences of pleading guilty, may the defendant obtain relief ev… |
| 20-7471 |
Christian Joseph Perez v. United States |
Fifth Circuit |
2021-03-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights court-of-appeals criminal-procedure district-court due-process habeas-corpus judicial-procedure legal-review standing statutory-interpretation |
Whether the Court of Appeals erred in denying Petitioner's application for a Certificate of Appealability without any analysis of whether the District… |
| 20-7476 |
Jose Armondo Ramos Cabrera v. United States |
Fourth Circuit |
2021-03-17 |
Denied |
Response WaivedIFP |
appeal criminal-appeal criminal-procedure defendant-objection due-process firearm-possession firearms fourth-circuit sentencing sentencing-enhancement standard-of-review two-level-enhancement |
Whether the court erred when it denied defendant's objection to the two level enhancement for possession of a firearm |
| 20-1295 |
United States v. Timothy Zachary Green |
Fourth Circuit |
2021-03-17 |
GVR |
Relisted (2) |
circuit-precedent criminal-law criminal-procedure due-process felon-in-possession felony-conviction firearm-possession plain-error-review prejudice-standard statutory-interpretation |
Whether a court of appeals may, on plain-error review, affirm a conviction for possessing a firearm following a felony conviction, in violation of 18 … |
| 20-7459 |
Herman Rosario v. United States |
Third Circuit |
2021-03-16 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure exclusionary-rule good-faith-exception independent-determination motion-to-suppress physical-evidence probable-cause search-and-seizure warrant-application |
Whether the district court erred in denying defendant's motion to suppress physical evidence |
| 20-7468 |
Aaron Feazell v. United States |
District of Columbia |
2021-03-16 |
Denied |
Response WaivedIFP |
civil-protection-order constructive-amendment criminal-procedure due-process fifth-amendment fundamental-fairness notice variance variance-doctrine |
Whether there is sufficient evidence to satisfy Due Process and to convict the defendant for disobeying the hundred (100) yard provision of the order,… |
| 20-7448 |
Shuntario Johnson v. United States |
Sixth Circuit |
2021-03-15 |
Denied |
Response WaivedIFP |
chambers-v-mississippi confrontation-clause criminal-procedure due-process hearsay jury-instructions right-to-confront-witnesses right-to-present-defense right-to-present-evidence sixth-amendment |
Whether the Sixth Circuit's decision to affirm the hearsay objection was contrary to Chambers v. Mississippi, 410 U.S. 284, 302 (1973) and its progeny… |
| 20-7451 |
David K. Jenner v. Colorado Department of Corrections, et al. |
Colorado |
2021-03-15 |
Denied |
Response WaivedIFP |
colorado-revised-statute colorado-statute constitutional-challenge criminal-procedure due-process fourteenth-amendment johnson-v-us unconstitutional |
Is Colorado Revised Statute § 17-22.5-403(2)-(3.5) unconstitutional under the Fourteenth Amendment due process protections? |
| 20-7453 |
Douglas D. Jackson v. United States |
Seventh Circuit |
2021-03-15 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure due-process sentencing statutory-interpretation venue |
Whether the venue was proper in the Northern District of Indiana |
| 20-7455 |
Jeromey Glenn Jones v. Montana |
Montana |
2021-03-15 |
Denied |
IFP |
constitutional-assistance court-interpretation criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-protection procedural-due-process right-to-counsel right-to-participate sixth-amendment statutory-provisions |
Whether the defendant was denied effective assistance of counsel in violation of the Sixth Amendment of the U.S. Constitution |
| 20-7456 |
Rafael Ayala-Solorio v. United States |
Fifth Circuit |
2021-03-15 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-1281 |
Byron Dredd v. United States |
Ninth Circuit |
2021-03-15 |
Denied |
Response Waived |
18-usc-1001 18-usc-1519 18-usc-241 acquittal civil-rights criminal-procedure double-jeopardy false-statements religious-communication trial-evidence |
Whether petitioner's acquittals on two counts should have been admitted into evidence in petitioner's retrial |
| 20-1277 |
Richard Meyer v. Kentucky |
Kentucky |
2021-03-15 |
Denied |
|
civil-rights constitutional-challenge criminal-procedure due-process excessive-fines forfeitability forfeiture kentucky kentucky-statutes timbs-precedent timbs-v-indiana |
Does the Kentucky Court of Appeals decision in this case stand in direct contradiction to this Court's decision in Timbs v. Indiana, 139 S.Ct. 682 (20… |
| 20-7438 |
Christopher Stegawski v. United States |
Sixth Circuit |
2021-03-12 |
Denied |
Response WaivedIFP |
addiction chronic-pain chronic-pain-treatment criminal-procedure drug-conspiracy drug-enforcement due-process federal-prosecution medical-licensing medical-practice-standard medical-prescribing opioid-prescribing |
When does chronic pain treatment prescribing to addicts become illegal? |
| 20-7439 |
Michael Luis Suarez v. United States |
Eleventh Circuit |
2021-03-12 |
Denied |
Response WaivedIFP |
18-usc-924(c) actual-innocence categorical-approach crime-of-violence criminal-procedure due-process plea-bargaining predicate-offense procedural-default sentencing-guidelines statutory-enhancement |
Whether a defendant may be enhanced under 18 U.S.C. § 924(c) where he entered a plea of guilty to an offense that no longer qualifies as a predicate o… |
| 20-7446 |
Juan Luis Rivera Arreola v. United States |
Fifth Circuit |
2021-03-12 |
Denied |
Response WaivedIFP |
circuit-split co-defendant-liability criminal-procedure criminal-sentencing drug-offense federal-sentencing-guidelines firearm-enhancement reasonable-foreseeability sentencing-guidelines tools-of-the-trade U.S.S.G.-2D1.1(b)(1) |
Sentencing-enhancement-for-firearm-possession |
| 20-7408 |
Trystan Keun Napper v. United States |
Fifth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure federal-courts judicial-discretion legal-interpretation plain-error standard-of-review statutory-interpretation |
Whether Federal Rule of Criminal Procedure 52(b) permits courts of appeals to grant appellate relief in the absence of error shown by binding preceden… |
| 20-7409 |
Eduardo Pena-Garcia v. United States |
Fifth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-7410 |
Edward McCain v. United States |
Fourth Circuit |
2021-03-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
case-remand certiorari concurrent-sentences criminal-procedure eighth-amendment fourth-circuit-judgment jones-v-mississippi judicial-review juvenile-offenders plain-error sentencing supreme-court-procedure |
Whether an invalid conviction affects a criminal defendant's substantial rights and must be vacated on plain error review |
| 20-7418 |
Javon Joshua Jennings v. United States |
Eighth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process government-witness obstruction-of-justice witness-tampering |
Can the appellant be charged with tampering with a government witness? |
| 20-7419 |
Kamil Johnson v. W. E. Mackelburg, Warden |
Fourth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
8-usc-2254 constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance iowa-supreme-court juvenile-sentencing miller-v-alabama post-conviction-relief |
Whether the lower courts acted unconstitutionally in denying the habeas corpus petition |
| 20-7422 |
Antuan V. Little v. Dan Cromwell |
Seventh Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence evidentiary-standards legal-reliability witness-testimony |
whether-the-witness's-statements-and-testimony-were-unreliable-due-to-coercion |
| 20-7425 |
Cornelius Kenyatta Craig v. Andre Matevousian, Warden |
Sixth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law criminal-conviction criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment reasonable-doubt sixth-circuit |
Whether the 'same evidence' standard for double jeopardy under the Fifth Amendment is unconstitutional as applied to the Fourteenth Amendment's Due Pr… |
| 20-7428 |
Aldo Marones v. Aaron D. Ford, Attorney General of Nevada, et al. |
Ninth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appeal civil-rights due-process evidence firearms sentencing |
Whether the sentencing court erred in imposing a 100-year sentence for a weapons-related conviction |
| 20-7429 |
William Davis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appeals-process constitutional-rights criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-examination mental-health post-conviction-relief |
Whether a reasonable COVID-19 debate |
| 20-7432 |
Kevin Leon Lucien v. Texas |
Texas |
2021-03-11 |
Denied |
IFP |
14th-amendment criminal-procedure due-process evidence evidence-admissibility federal-law federal-preemption prosecutorial-discretion state-law |
Whether a state's own articles of law can supercede federal law to further prosecute a defendant in regards to admissable and inadmissable evidence th… |
| 20-7433 |
Randy Philip Chaudron v. Texas |
Texas |
2021-03-11 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence identification law-enforcement-misconduct photo-lineup police-conduct witness-identification |
Whether the Due Process Clause was violated when the trial court allowed evidence, knowing that law enforcement broke the procedure of Art. 320 CP pho… |
| 20-7436 |
Frederick Dale Knight v. Florida |
Florida |
2021-03-11 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process fourth-amendment probable-cause reasonable-expectation-privacy search-and-seizure traffic-stop |
Does a noncriminal traffic stop and subsequent observation through the window of a stopped vehicle revealing a cylindrical brown object give rise to p… |
| 20-7374 |
Demitrius Wayne Alexander v. Joseph Headley, Warden, et al. |
Eleventh Circuit |
2021-03-10 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel search-and-seizure |
Whether the state and federal courts erred when evidence obtained from an unconstitutional search and seizure was used against petitioner Demetrius Wa… |
| 20-7401 |
Ronald Brandon v. Jay Forshey, Warden |
Sixth Circuit |
2021-03-10 |
Denied |
Response WaivedIFP |
civil-rights confrontation-clause constitutional-rights contemporaneous-objection criminal-procedure due-process jurisdiction standing state-court-procedure |
Whether the handling of the handling of the Old Faction Roll below the Abba, Lo filed, and the following additional questions defy the jurisdiction of… |
| 20-7414 |
James Innocent v. United States |
Eleventh Circuit |
2021-03-10 |
Denied |
IFP |
circuit-court criminal-procedure greer-v-united-states judicial-review plain-error rehaif-v-united-states substantial-rights supreme-court-decision trial-record |
Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters… |
| 20-1256 |
Malcolm A. French v. United States |
First Circuit |
2021-03-10 |
Denied |
Response Waived |
abuse-of-discretion appellate-review criminal-procedure impartial-jury juror-bias juror-mendacity mcdonongh-test right-to-jury standard-of-review structural-error |
When a criminal defendant claims the structural error of deprivation of the right to trial by an impartial jury, is that claim appropriately reviewed … |
| 20-1240 |
Francisco Javier Palillero v. United States |
Tenth Circuit |
2021-03-09 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure discovery-sanctions dna-evidence expert-testimony right-to-defense right-to-present-defense rule-16 sixth-amendment |
Whether precluding a criminal defendant's DNA rebuttal expert testimony as a Rule 16(d)(2) sanction for a non-willful violation is compatible with the… |
| 20-1245 |
Pedro Vasquez v. Massachusetts |
Massachusetts |
2021-03-09 |
Denied |
Response Waived |
appellate-counsel contract-obligations contracts-clause criminal-procedure due-process equal-protection fee-advancement impairment indigent-defense sixth-amendment |
Whether the Massachusetts Supreme Judicial Court impaired the obligation of a contract in contravention of Article I, sec. 10, cl. 1 of the U.S. Const… |
| 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 |
Does McCoy apply retroactively? |
| 20-7372 |
Terry Lee Ockert, Jr. v. United States |
Tenth Circuit |
2021-03-09 |
Denied |
Amici (2)Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error rule-12 rule-52 suppression-motion |
Whether the court of appeals should review an untimely suppression argument for plain error under Rule 52 or require a showing of good cause |
| 20-7378 |
Israel Ernesto Palacios v. United States |
Fourth Circuit |
2021-03-09 |
Denied |
IFP |
case-law-interpretation circuit-split constitutional-claim criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-foreshadowing strickland-standard strickland-v-washington |
To what extent must a claim be 'sufficiently foreshadowed in existing case law' for counsel's failure to raise that claim to constitute deficient perf… |
| 20-7379 |
Miguel Angel Corujo Mercado v. Florida |
Florida |
2021-03-09 |
Denied |
IFP |
conspiracy constitutional-protection continuous-act criminal-conspiracy criminal-law criminal-procedure defendant-rights double-jeopardy due-process fifth-amendment multiple-charges |
Can a criminal defendant be charged and convicted with multiple conspiracies for a single continuous conspiracy act without violating right to be free… |
| 20-7386 |
Andrew Chapnick v. United States |
Ninth Circuit |
2021-03-09 |
Denied |
IFP |
28-usc-2255 career-offender career-offender-guideline criminal-procedure federal-habeas-corpus johnson-v-united-states residual-clause section-2255 sentencing statutory-interpretation timeliness-provision |
Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker car… |
| 20-7388 |
Alejandro De La Torre v. United States |
Fifth Circuit |
2021-03-09 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure discretionary-review downward-departure due-process sentencing |
Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with decision of this Court, as well as other Circuits, on … |
| 20-7392 |
James Jermaine Woodfork v. Oklahoma |
Oklahoma |
2021-03-09 |
Denied |
IFP |
6th-amendment actual-innocence appeals constitutional-claim criminal-procedure due-process judicial-review legal-claim oklahoma |
Did the Oklahoma Appeals Court violate the petitioner's 6th Amendment right to due process by refusing to acknowledge the petitioner's claim of actual… |
| 20-7397 |
William Randolph King v. Thomas Winn, Warden |
Sixth Circuit |
2021-03-09 |
Denied |
IFP |
8th-amendment brady-violation criminal-procedure dna-evidence dna-testing due-process eighth-amendment evidence-suppression prosecutorial-disclosure prosecutorial-misconduct |
Could reasonable jurists debate whether the prosecution committed a Brady violation when it failed to disclose the prior victim's pubic hair found dur… |
| 20-7352 |
In Re Henry Lee Rudolph |
|
2021-03-08 |
Denied |
IFP |
collateral-estoppel constitutional-provisions criminal-procedure double-jeopardy due-process fraud-on-the-court judicial-discretion post-conviction-relief predicate-offense prosecutorial-misconduct supreme-court-discretion |
Did the Utah Supreme Court commit error by stating the Franses' rights were not violated and Rodolph requested, and by stating three flawed reasons fo… |
| 20-7353 |
Fivea Sharipoff v. Rob Persson, Superintendent, Coffee Creek Correctional Institution |
Ninth Circuit |
2021-03-08 |
Denied |
IFP |
collateral-review constitutional-rights criminal-trial due-process evidence habeas-corpus jury meaningful-defense non-unanimous-jury retroactivity sixth-amendment |
Whether the trial court violated the petitioner's right to present a complete defense |
| 20-7355 |
Cleophus Reed, Jr. v. United States |
Eighth Circuit |
2021-03-08 |
Denied |
IFP |
criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure |
Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 20-7362 |
Charles Braye v. United States |
Eleventh Circuit |
2021-03-08 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure district-court due-process first-step-act opportunity-to-be-heard remand sentence-reduction |
Whether Mr. Braye's due process rights were violated when the court of appeals determined that Mr. Braye was eligible for a sentence reduction under t… |
| 20-7363 |
Lerone Bernard Butler v. United States |
Eleventh Circuit |
2021-03-08 |
Denied |
Response WaivedIFP |
conspiracy controlled-substances criminal-procedure drug-offenses due-process law-enforcement-misconduct possession-with-intent sentencing sufficiency-of-evidence |
whether-the-verdict-was-supported-by-sufficient-evidence |
| 20-7364 |
James Baldwin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2021-03-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-counsel equal-protection ineffective-assistance mental-disability sixth-amendment |
Whether Appellant was denied rights under the Sixth and Fourteenth Amendments |
| 20-7369 |
Antonia Janai Hickmon v. United States |
Fifth Circuit |
2021-03-08 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing |
Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 20-7325 |
Eric Todd v. United States |
Sixth Circuit |
2021-03-05 |
Denied |
Response WaivedIFP |
criminal-procedure cross-examination disclosure due-process exculpatory-evidence fair-trial fifth-amendment government-misconduct witness-testimony |
Did the timing and method of the Government's disclosure violate Todd's Fifth Amendment right to a fair trial |
| 20-7329 |
Justin L. Knight v. Nebraska |
Nebraska |
2021-03-05 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure evidence-suppression fourteenth-amendment fourth-amendment investigative-stop reasonable-suspicion search-and-seizure traffic-stop |
Whether the police had reasonable suspicion for an investigative stop |
| 20-7330 |
James Marcus Lloyd, III v. J. Hutchinson, Warden |
Fourth Circuit |
2021-03-05 |
Denied |
IFP |
922(g) actual-innocence constitutional-rights criminal-procedure due-process grand-jury ineffective-assistance rehaif right-to-trial structural-error |
whether-petitioner's-constitutional-right-to-due-process-was-denied |
| 20-7335 |
Raymond E. Carr v. Ed Gonzalez, Sheriff, Harris County, Texas, et al. |
Fifth Circuit |
2021-03-05 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-law criminal-procedure due-process free-speech government-action habeas-corpus retaliation standing |
Whether the petitioner's constitutional rights were violated when the Texas state government retaliated against him for exercising his First Amendment… |
| 20-7336 |
Donovan Jonathan Tillman v. Florida |
Florida |
2021-03-05 |
Denied |
Response WaivedIFP |
constitutional-rights courtroom-access criminal-procedure due-process evidentiary-hearing pretrial-hearing public-trial-clause sixth-amendment state-court-decision witness-exclusion |
Did the state court, contrary to rulings of this Court and of the supreme and intermediate appellate courts of other states, violate the Public Trial … |
| 20-7340 |
Christopher Welshans v. United States |
Third Circuit |
2021-03-05 |
Denied |
Response WaivedIFP |
civil-rights conflict-of-interest constitutional-jurisdiction criminal-procedure due-process federal-prosecution oath-of-office positive-law standing |
Can the United States claim a constitutionally viable cause of action against the people? |
| 20-7341 |
James Coddington v. Jim Farris, Warden |
Tenth Circuit |
2021-03-05 |
Denied |
Amici (1)IFP |
capital-punishment criminal-procedure due-process habeas-corpus harmless-error material-evidence mens-rea right-to-defense right-to-present-defense sixth-amendment |
Can the suppression of material evidence helpful to the defense ever be harmless error, not least when the exclusion violated the Sixth Amendment's ri… |
| 20-7343 |
Justin David Williams v. Utah |
Utah |
2021-03-05 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination due-process evidence hearsay sixth-amendment standard-of-review witness-testimony |
Whether the court of appeals erred in its admission of the father's 911 call under the excited utterance exception to the hearsay rule |
| 20-7306 |
Agustin Madrid, aka Augustin Madrid v. United States |
Fifth Circuit |
2021-03-03 |
Denied |
Response WaivedIFP |
appellate-procedure case-preservation circuit-split criminal-procedure holguin-hernandez-v-united-states judicial-interpretation legal-objection preservation-of-error procedural-unreasonableness sentencing sentencing-review standard-of-review |
Whether Holguin-Hernandez v. United States is relevant to the objections necessary to preserve claims of procedural unreasonableness |
| 20-7308 |
Michael N. Kelsey v. New York |
New York |
2021-03-03 |
Denied |
IFP |
appellate-procedure criminal-appeal criminal-procedure due-process equal-protection ineffective-assistance post-conviction-motion right-to-appeal sentencing-judge-advisement |
Are New York's criminal appellate procedures deficient or prejudicial to due process? |
| 20-7312 |
Raevon Terrell Parker v. John Pickens, et al. |
Eighth Circuit |
2021-03-03 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process probable-cause search-and-seizure |
Whether probable cause was sufficient to warrant a search and seizure of the Appellant, when the Appellee was only issued a citation for a violation o… |
| 20-7313 |
Leonard Glen Overmyer, III v. United States |
Sixth Circuit |
2021-03-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process habeas-corpus ineffective-counsel judicial-discretion post-conviction-relief sentencing sentencing-error supervised-release |
Whether a Defendant should be allowed to seek a reduction of, or discharge from, an imposed supervised release after being improperly sentenced, and r… |
| 20-7320 |
Zbigniew Laskowski v. Washington State Department of Labor and Industries |
Washington |
2021-03-03 |
Denied |
Response WaivedIFP |
administrative-law appellate-procedure appellate-review civil-rights de-novo-review due-process evidence judicial-findings prosecutorial-discretion standing statutory-interpretation |
Whether the appellate court must apply de novo review where the trial judge failed to make specific findings on the prosecution's justifications for o… |
| 20-1218 |
Demetrius William Edwards, et al. v. Sherry Burt, Warden, et al. |
Sixth Circuit |
2021-03-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
is entitled to habeas relief thereby giving rise to a presumption of prejudice counsel-deprivation criminal-procedure critical-stage habeas-corpus ineffective-assistance-of-counsel prejudice-presumption presumption-of-prejudice right-to-counsel sixth-amendment |
Whether a criminal defendant who was deprived of counsel during a critical stage of his trial, thereby giving rise to a presumption of prejudice, is e… |
| 20-1209 |
In Re Raymond L. Rogers |
|
2021-03-02 |
Denied |
Response Waived |
all-writs-act appeals appellate-jurisdiction circuit-court criminal-procedure due-process jurisdiction jurisdictional-challenge sentencing statutory-authority statutory-interpretation |
Whether the Tenth Circuit Court of Appeals erred in failing to vacate the Kansas District Court's criminal conviction and sentence of the petitioner |
| 20-7290 |
Michael Scott Hanuman v. United States |
Eighth Circuit |
2021-03-02 |
Denied |
Response WaivedIFP |
criminal-procedure emergency-aid emergency-aid-doctrine fourth-amendment law-enforcement protective-sweep reasonable-suspicion search-and-seizure |
Does the Fourth Amendment permit law enforcement officers to conduct a protective sweep search of a private home under the Buie 'reasonable suspicion'… |
| 20-7291 |
John L. Harris v. Illinois |
Illinois |
2021-03-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process guilty-plea non-consensual-reinstatement plea-bargaining plea-opportunity presumption-of-innocence sentencing trial-court |
Whether a trial court's non-consensual reinstatement of a defendant's guilty plea, without admonishments or the opportunity to plead anew, violates th… |
| 20-7294 |
James Peter Sabatino v. United States |
Eleventh Circuit |
2021-03-02 |
Denied |
Response WaivedIFP |
11th-circuit appeal appellate-procedure civil-rights communication-rights criminal-procedure district-court due-process mootness statutory-interpretation |
Whether the Eleventh Circuit Court of Appeals erred in dismissing petitioner's appeal as moot |
| 20-7300 |
Robbull Bryant v. United States |
Second Circuit |
2021-03-02 |
Denied |
Relisted (2)IFP |
2nd-amendment constitutional-challenge conviction criminal-procedure due-process guilty-plea plain-error rehaif rehaif-error second-circuit standing |
Whether the Second Circuit Court of Appeals erred in denying Bryant's constitutional challenges to his guilty plea to a violation of 18 U.S.C. § 922(g… |
| 20-7307 |
In Re Wayne M. Beaton |
|
2021-03-02 |
Dismissed |
Relisted (2)IFP |
civil-rights constitutional-law criminal-procedure custody-interrogation due-process federal-jurisdiction habeas-corpus miranda-rights |
Has the state appellate court decided an important Miranda rights question in a way that conflicts with the relevant decisions of this Court as determ… |
| 20-7276 |
Russell Lawayne Montague v. United States |
Fifth Circuit |
2021-03-01 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure due-process protective-order sentencing-disparities sentencing-factors sentencing-guidelines sentencing-review supervised-release |
Whether the district court ordered an unreasonably long 114-month prison sentence |
| 20-7282 |
Earl Malloy v. United States |
Second Circuit |
2021-03-01 |
Denied |
IFP |
18-usc-922g criminal-law criminal-procedure due-process firearms-offense guilty-plea rehaif-standard rehaif-v-united-states sentencing statutory-interpretation |
Whether this petition should be held pending the decision in United States v. Gary, No. 20-444, given that both this petition and Gary present the sam… |
| 20-7284 |
Tyrell Donte Curry v. United States |
Eleventh Circuit |
2021-03-01 |
Denied |
Amici (2)IFP |
armed-career-criminal-act categorical-approach controlled-substance criminal-procedure mens-rea serious-drug-offense statutory-interpretation |
Whether the drug conduct in the Armed Career Criminal Act's 'serious drug offense' definition in 18 U.S.C. § 924(e)(2)(A)(ii) requires knowledge of th… |
| 20-7286 |
Kashus Davis v. United States |
Eleventh Circuit |
2021-03-01 |
Denied |
IFP |
18-usc-924 armed-career-criminal-act controlled-substance criminal-law criminal-procedure mens-rea serious-drug-offense statutory-interpretation |
Whether the drug conduct in the Armed Career Criminal Act's 'serious drug offense' definition in 18 U.S.C. § 924(e)(2)(A)(ii) requires knowledge of th… |
| 20-7288 |
Nazari Vasilich Cam v. Oregon |
Oregon |
2021-03-01 |
Denied |
Response WaivedIFP |
appellate-procedure criminal-procedure due-process fourteenth-amendment halbert-v-michigan indigent-defendant right-to-counsel sua-sponte-appointment swenson-v-bosler |
Whether a state appellate court must appoint counsel sua sponte for an indigent criminal defendant who represents himself at trial, files a notice of … |
| 20-1196 |
Benjamin McClellan v. Ohio |
Ohio |
2021-03-01 |
Denied |
|
5th-amendment confession-suppression constitutional-rights criminal-procedure due-process evidence-admissibility involuntary-confession motion-to-suppress police-interrogation standard-of-review |
Whether the denial of petitioner's Motion to Suppress his confession was proper |
| 20-7250 |
Eunice Husband v. United States |
Seventh Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel judicial-bias plain-error supervised-release united-states-constitution |
Whether the district court and appellate court erred in their handling of the defendant's claims of plain error, judicial bias, ineffective assistance… |
| 20-7259 |
Juan Garcia v. United States |
Tenth Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability compulsory-process constitutional-rights criminal-procedure district-court due-process effective-assistance-of-counsel section-2255 sixth-amendment |
Was petitioner denied his Constitutional right to effective assistance of counsel during his trial, that is guaranteed by the Sixth Amendment of the U… |
| 20-7261 |
Randell Joseph Redmond v. United States Court of Appeals for the Fifth Circuit |
Fifth Circuit |
2021-02-26 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech just-compensation property-rights standing takings-clause tax-foreclosure |
Whether the court of appeals erred in denying a motion to dismiss a civil-rights, due-process, free-speech claim |
| 20-7268 |
Jason P. Briscoe v. United States |
Tenth Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
civil-rights constitutional-review criminal-procedure fourth-amendment police-discretion pretextual-stop pretextual-stops probable-cause traffic-violation whren-v-united-states |
Whether this Court's decision in Whren v. United States, 517 U.S. 806 (1996), which permits pretextual traffic stops so long as the police have probab… |
| 20-7270 |
Keith D. Barmore v. Sonja Nicklaus, Warden |
Seventh Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel involuntary-manslaughter jury-instructions prosecutorial-misconduct |
Question not identified |
| 20-7272 |
Tyslen J. Baker v. United States |
Sixth Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
arrest-warrant civil-rights constitutional-rights criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure |
Does a police officer violate a defendant's Fourth Amendment rights by executing an arrest warrant consisting of bare bones allegations lacking in pro… |
| 20-7273 |
Patrick Roger Brigaudin v. United States |
Eighth Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial plea-bargaining prosecutorial-discretion prosecutorial-misconduct sentencing sentencing-enhancement sixth-amendment |
Whether a prosecutor's threats to a defendant that he would receive a harsher sentence if he did not accept a plea deal denied him his constitutional … |
| 20-7274 |
Michael Diabolis Griffis, Sr. v. Les Parish, Warden |
Sixth Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process faretta-standard federal-courts pro-se pro-se-representation right-to-counsel sixth-amendment |
Whether the Sixth Circuit Court of Appeals decision conflicts with clearly established law in Fareita v. California and conflicts with the decisions o… |
| 20-7275 |
Alvin Herron v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability confrontation-clause criminal-procedure due-process hearsay ineffective-assistance ineffective-assistance-of-counsel interrogation prior-record sixth-amendment |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability |
| 20-7228 |
Leroy Pooler v. Florida |
Florida |
2021-02-25 |
Denied |
IFP |
criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment hurst-v-state state-v-poole statutory-construction substantive-law |
Does the Florida Supreme Court's statutory construction in Hurst v. State constitute substantive law and, if so, does the Due Process Clause of the Fo… |
| 20-7247 |
Walter Eugene Powell v. United States |
Sixth Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review civil-rights constitutional-law criminal-law criminal-procedure due-process federal-procedure search-and-seizure standing statutory-interpretation |
Whether the petitioner's Fourth Amendment rights were violated by the warrantless search and seizure of his hotel room |
| 20-7248 |
Jonathan Lee Page v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-02-25 |
Denied |
IFP |
constitutional-law court-limitation criminal-procedure independent-act ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection primary-offense primary-offenses trial-procedure |
Whether counsel was ineffective when he failed to timely object to the lower court expressly limiting the independent act jury instruction to the prim… |
| 20-7251 |
Eric Lyle Williams v. Texas |
Texas |
2021-02-25 |
Denied |
Amici (1)IFP |
criminal-procedure death-penalty due-process fair-trial prosecutor-bias prosecutorial-misconduct recusal structural-error |
Does the participation of a conflicted and recused prosecutor in a death penalty trial violate due process? |
| 20-7253 |
Nancy Cole v. United States |
Ninth Circuit |
2021-02-25 |
Denied |
IFP |
constitutional-limits criminal-law criminal-procedure drug-statutes due-process fifth-amendment mandatory-minimum mens-rea sentencing statutory-interpretation strict-liability |
Whether the knowingly mens rea in the federal drug statutes applies to the elements of drug type and quantity |
| 20-7254 |
Juan Valenzuela v. L. Small, Warden |
Ninth Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
9th-circuit brady-violation criminal-justice-act criminal-procedure due-process federal-habeas federal-habeas-corpus habeas-corpus in-forma-pauperis ninth-circuit-review police-misconduct writ-of-certiorari |
Whether the Ninth Circuit unreasonably applied SCOTUS precedent in concluding that petitioner's Brady-claim failed for lack of prejudice |
| 20-7255 |
Samuel Zubia-Olivas v. United States |
Fifth Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-review jury-trial precedent sentencing Supreme-Court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7256 |
James Timothy Cobb v. United States |
Fourth Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure district-court fourth-circuit motion-to-suppress pretrial-motion search-and-seizure standard-of-review |
Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Appellant's pretrial motion to… |
| 20-7257 |
Tito Knox v. Elizabeth G. Magera, U.S. Probation Officer, Individually and in Her Official Capacity, et al. |
Fourth Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction standing |
Whether the court erred in denying petitioner's motion to dismiss the indictment on the grounds that the government's prosecution violated the Double … |
| 20-1186 |
Dynasty Group, Inc. v. Stephen Smith, Trustee for Bankruptcy Estate of Heritage Real Estate Investment Corporation |
Alabama |
2021-02-25 |
Denied |
|
criminal-procedure jury-selection prejudicial-statements reversible-error trial-judge voir-dire |
Whether the Trial Judge Committed Reversible Error When He Refused to Strike the Jury Venire Due to the Taint of Prejudicial Statements Made During Vo… |
| 20-1187 |
Leon Carmichael, Sr. v. United States |
Eleventh Circuit |
2021-02-25 |
Denied |
Response Waived |
constitutional-rights contemporaneous-evidence criminal-procedure due-process hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-test sentencing-guidelines |
What additional objective and contemporaneous evidence is required to satisfy the prejudice test this Court articulated in Hill v. Lockhart and other … |
| 20-7216 |
Antwan Seawood v. United States |
Eighth Circuit |
2021-02-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing dismissed-charges fifth-amendment sentencing sentencing-discretion sixth-amendment |
Did the District Court abuse its discretion and violate Appellant's Fifth and Sixth Amendment rights by sentencing him to a term of 240 months based u… |
| 20-7225 |
Derek Michael Rigsby v. Colorado |
Colorado |
2021-02-24 |
Denied |
IFP |
criminal-procedure criminal-trial double-jeopardy due-process jury-instructions jury-verdict legal-remedy mutually-exclusive-verdicts sixth-amendment |
Whether the Due Process Clause and the Sixth Amendment require that a defendant receive a new trial where a jury returns mutually exclusive guilty ver… |
| 20-7231 |
Troy Baker v. United States |
Sixth Circuit |
2021-02-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
background-evidence circuit-split confrontation-clause criminal-procedure evidence-admissibility investigative-context jury-instructions out-of-court-statements prejudice |
Should the Court Grant the Petition to Resolve a Conflict Among the Circuit Courts Over the Propriety of Admitting Out-of-Court Statements That a Defe… |
| 20-7232 |
Raul Almanza-Portillo v. United States |
Fifth Circuit |
2021-02-24 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7194 |
Lamar Johnson v. United States |
Ninth Circuit |
2021-02-23 |
Denied |
Relisted (2)IFP |
appellate-review criminal-procedure judicial-discretion plain-error-review rehaif-v-united-states substantial-rights supreme-court-decision trial-record |
Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters… |
| 20-7195 |
Javan Fredrick Mays, aka Von Frederick Mayes v. Scott Lewis, Warden |
Fourth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
appellate-review brady-violation constitutional-rights criminal-procedure due-process post-conviction-relief procedural-barriers prosecutorial-misconduct right-to-counsel subject-matter-jurisdiction suppressed-evidence |
Whether the petitioner's convictions were obtained in violation of due process |
| 20-7197 |
Roberto Elias Martinez v. United States |
Fifth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process maximum-term plain-error plea-bargaining plea-colloquy sentencing statutory-maximum |
Whether plain error resulted from the district court erroneously advising the client during plea colloquy |
| 20-7213 |
Nathan Ray Dent v. United States |
Ninth Circuit |
2021-02-23 |
Denied |
Relisted (2)IFP |
armed-bank-robbery armed-robbery circuit-split crime-of-violence criminal-procedure due-process federal-sentencing habeas-corpus predicate-offense statutory-interpretation united-states-v-davis |
Whether an 18 U.S.C. § 924(c) conviction resting on more than one possible predicate offense is unconstitutional where at least one predicate does not… |
| 20-7220 |
Antonio Diaz-Agurcia v. United States |
Fifth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7221 |
William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
aggregate-prejudice criminal-procedure cumulative-effect due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington |
Whether the Fourth Circuit's judicial precedence of not reviewing multiple ineffective assistance of counsel claims for the cumulative effect and aggr… |
| 20-7189 |
Bernard Thomas v. United States |
Second Circuit |
2021-02-22 |
Denied |
Relisted (2)IFP |
brief-filing counsel-assignment criminal-justice-act criminal-procedure exclusionary-rule federal-defenders fourth-amendment harmless-error local-rule search-and-seizure standing |
Whether the district court erred in denying the defendant's motion to suppress evidence obtained in violation of the Fourth Amendment |
| 20-7190 |
Erik Sanchez v. Terry Jacques, Warden |
Tenth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
confrontation-clause consecutive-sentences constitutional-rights criminal-procedure due-process federal-review judicial-discretion plea-bargaining post-conviction-relief sentencing sentencing-guidelines |
Whether the sentencing court must enter a factual basis to support a consecutive sentence when a defendant has never pled guilty to such facts, depriv… |
| 20-7192 |
Phillip Vance Smith, II v. Josh Stein, et al. |
Fourth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-review criminal-procedure death-penalty due-process fourth-circuit habeas-corpus ineffective-assistance-of-counsel retroactivity sixth-amendment teague-doctrine |
Whether the rule announced in Melony v. Louisiana, 138 U.S. 1500 (2018) applies retroactively to cases on collateral review |
| 20-7200 |
Michael Burciaga v. Raymond Madden, Warden |
Ninth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
aedpa criminal-procedure due-process gang-evidence habeas-corpus jackson-v-virginia ninth-circuit premeditation standard-of-review |
Whether the Ninth Circuit clearly erred in upholding the state court's finding of premeditation under Jackson v. Virginia |
| 20-7202 |
Deon Anthony Romell Bailey v. United States |
Eighth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel ninth-circuit plea-bargaining post-conviction sentencing sixth-amendment |
Whether the Eighth Circuit decision improperly denied petitioner's claim of violation by failing to remand to give him the opportunity to plead anew? |
| 20-7206 |
Pedro Gonzalez-Mendoza v. United States |
Fifth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
2015-amendment criminal-procedure criminal-sentencing district-court-discretion extraneous-factors mitigating-role sentencing-adjustment sentencing-guidelines u-s-sentencing-commission unrelated-cases |
Did the district court err by denying Mr. Gonzalez-Mendoza a mitigating-role-adjustment |
| 20-7207 |
Manuel de Jesus Gordillo-Escandon v. United States |
Fourth Circuit |
2021-02-22 |
Denied |
IFP |
criminal-indictment criminal-procedure due-process interstate-agreement-detainers interstate-agreement-on-detainers-act judicial-procedure jurisdiction speedy-trial-act statutory-interpretation trial-timing |
Did the district court err in failing to dismiss the indictment under the Speedy Trial Act and the Interstate Agreement on Detainers Act? |
| 20-7168 |
Loren Joel McReynolds v. United States |
Ninth Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
appeal appellate-review base-offense-level criminal-procedure firearms-offense reasonableness-standard sentencing sentencing-guidelines standard-of-review ussg-2k2.1 |
Whether the court's calculation of McReynolds' base offense level was erroneous? |
| 20-7170 |
In Re Abhijit Prasad |
|
2021-02-19 |
Denied |
Relisted (2)IFP |
civil-procedure criminal-procedure due-process habeas-corpus judicial-review mandamus pro-se standing supervised-release |
Question not identified |
| 20-7177 |
Sandra Doyle v. United States |
Fifth Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process post-arrest-interview prosecutorial-discretion relevant-conduct safety-valve sentencing witness-testimony |
Is it a denial of due process to sentence petitioner based on a finding that she lied or minimized in her safety-valve interview? |
| 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 |
Whether trial counsel's concession of guilt to second-degree murder, over the defendant's express objection, violated the defendant's right to maintai… |
| 20-7181 |
Quincy O'Neill Taylor v. United States |
Fourth Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
18-usc-924(c) criminal-procedure drug-trafficking firearm firearm-possession government-burden-of-proof ineffective-assistance-of-counsel statutory-interpretation united-states-v-dye united-states-v-frady |
Whether the phrase 'in furtherance of' in 18 U.S.C. 924(c)(1)(A) requires the government to show a 'nexus' between the firearm and the drug traffickin… |
| 20-7183 |
Shameke Walker v. United States |
Second Circuit |
2021-02-19 |
Denied |
Relisted (2)IFP |
18-usc-924c armed-career-criminal-act crime-of-violence criminal-law criminal-procedure federal-criminal-procedure hobbs-act hobbs-act-robbery identification-evidence jury-instruction plain-error violent-crime |
Whether Hobbs Act robbery constitutes a crime of violence under 18 U.S.C. § 924(c) |
| 20-7186 |
Brian Dale Lee v. United States |
Fourth Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
5k2.1-motion appellate-review criminal-procedure district-court fourth-circuit judicial-discretion sentencing sentencing-guidelines |
Whether the Fourth Circuit court erred in finding that the district court's consideration of conduct raised in a 5k2.1 motion was appropriate? |
| 20-1132 |
DeMichael Tyrone Moore and Derrick Darnell Moore v. Tennessee |
Tennessee |
2021-02-19 |
Denied |
|
confrontation-clause constitutional-rights criminal-procedure cross-examination effective-cross-examination federal-law hearsay-exception memory-loss prior-recorded-statement witness-testimony |
Whether the Confrontation Clause is violated by admitting a prior recorded statement of a witness who testifies he has no memory of making the stateme… |
| 20-1124 |
Michael Don Leatherwood v. Jeorld Braggs, Jr., Warden |
Tenth Circuit |
2021-02-17 |
Denied |
|
affidavit criminal-procedure due-process fair-warning ineffective-assistance judicial-discretion probation probation-conditions statutory-construction statutory-interpretation |
Was Petitioner subject to the release conditions of probation while he was in prison? |
| 20-1125 |
Antonio Devoe Jones v. Alabama |
Alabama |
2021-02-17 |
Denied |
|
6th-amendment alabama-law constitutional-rights criminal-procedure death-penalty due-process ineffective-assistance mitigation-evidence mitigation-investigation |
Was Petitioner deprived of his constitutional right to effective counsel? |
| 20-1127 |
Joseph Louis Paduano v. Virginia |
Virginia |
2021-02-17 |
Denied |
Response Waived |
14th-amendment constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment grand-jury incorporation state-courts state-criminal-proceedings |
Should Hurtado v. California be overruled? |
| 20-1129 |
Scott Phillip Flynn v. United States |
Eighth Circuit |
2021-02-17 |
Denied |
Amici (1) |
constitutional-rights criminal-procedure due-process guilty-plea irs jury-trial klein-conspiracy restitution seventh-amendment sixth-amendment |
Whether the due process clause requires discussion of the elements of an 18 U.S.C. § 371 conspiracy to defraud the IRS before accepting a guilty plea |
| 20-7166 |
Charles J. Jordan v. United States |
District of Columbia |
2021-02-17 |
Denied |
Response WaivedIFP |
civil-rights court-jurisdiction criminal-procedure due-process equal-protection grand-jury grand-jury-selection judicial-review jurisdiction |
Whether the D.C. Court of Appeals is interpreting D.C. Code § 11-947 correctly when it is allowing the D.C. Superior Court to modify Federal Rule and … |
| 20-7171 |
Luis Javier Correa-Figueroa, aka Barney, aka Gordo v. United States |
First Circuit |
2021-02-17 |
Denied |
Response WaivedIFP |
criminal-intent criminal-procedure district-court-ruling evidence evidence-exclusion federal-property intent motion-for-acquittal procedural-error self-defense use-of-force |
Whether the district court committed a procedural error in excluding evidence |
| 20-7172 |
Dakota Manucy Constantin v. Florida |
Florida |
2021-02-17 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-procedure due-process fifth-amendment judicial-discretion sentencing sentencing-guidelines sixth-amendment uncharged-conduct |
Was Constantin denied due process when the sentencing court relied upon uncharged conduct in imposing a sentence in excess of that recommended by the … |
| 20-7174 |
Antonio Lopez v. Texas |
Texas |
2021-02-17 |
Denied |
Response WaivedIFP |
coerced-confession confession-voluntariness criminal-procedure due-process family-coercion family-member interrogation police-interrogation probable-cause truthful-statements |
Whether a threat to arrest, or a promise not to arrest, a member of a suspect's family, depending only on his willingness to confess to a crime, rende… |
| 20-7148 |
Benjamin W. Fawley v. David Jablonski, et al. |
Tenth Circuit |
2021-02-16 |
Denied |
IFP |
civil-procedure constitutional-violations contracts-clause criminal-procedure double-jeopardy due-process habeas-corpus pro-se procedural-errors sentencing standing takings |
Is it proper for the U.S. District Court to dismiss the motions for joinder filed by the defendants? |
| 20-7150 |
Creadell Hubbard v. Charles Ratledge, Warden |
Fourth Circuit |
2021-02-16 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process federal-jurisdiction sentencing statutory-interpretation |
Whether the Wuiked Ghebes Count of ygoeels Kine be the Rate erpuedtes (xn Avocend' » New Sexses, 53O US. Nhat, 440 (208X),+that mf Fedensl Seubemer ce… |
| 20-7151 |
Hamid Michael Hejazi v. Clifton Harrold, Sheriff, Lane County, Oregon |
Ninth Circuit |
2021-02-16 |
Denied |
IFP |
bail civil-rights constitutional-claims criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-counsel speedy-trial state-court-review |
Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability when the petitioner raised debatable constitutional issues |
| 20-7152 |
Brian Hook v. Indiana |
Indiana |
2021-02-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process guilty-plea habitual-offender ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment |
Whether the petitioner was deprived of effective assistance of counsel in violation of the Fifth, Sixth, and Fourteenth Amendments |
| 20-7156 |
Faizal Sabar, aka Brian Pimentel v. United States |
Fifth Circuit |
2021-02-16 |
Denied |
Response WaivedIFP |
criminal-procedure discretionary-review evidentiary-hearing guilty-plea supervisory-powers united-states-court-of-appeals |
Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decisions of this Court on an important matter, an… |
| 20-7158 |
Raymond J. Ramirez v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-02-16 |
Denied |
Response WaivedIFP |
appeals appellate-review certificate-of-appeal criminal-procedure due-process florida-rules habeas-corpus judicial-discretion jurisdiction jurisdictional-challenge standing |
Whether a certificate of appealability should have been granted |
| 20-7160 |
Emmett Garrison, IV v. Louisiana |
Louisiana |
2021-02-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole presumption sentencing sentencing-discretion |
Whether the Eighth Amendment forbids a sentencing court from applying a presumption in favor of life without parole for a juvenile offender |
| 20-7164 |
Marcelino Hernandez-Martinez v. United States |
Fifth Circuit |
2021-02-16 |
Denied |
Response WaivedIFP |
appeals criminal-procedure drug-offenses due-process sentencing supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit affirming the significant increase of the base offense level by the D… |
| 20-1122 |
Edward B. Fleury v. Massachusetts |
Massachusetts |
2021-02-16 |
Denied |
Response Waived |
14th-amendment 2nd-amendment 5th-amendment criminal-procedure double-jeopardy due-process law-enforcement second-amendment statutory-interpretation vagueness |
Whether Massachusetts gun storage law M.G.L. c. 140, § 131L is unconstitutionally vague and violates the Second, Fifth and Fourteenth Amendments |
| 20-1116 |
Anthony Seward v. United States |
First Circuit |
2021-02-12 |
Denied |
|
criminal-procedure criminal-venue due-process federal-criminal-law federalism interstate-registration sex-offender-registration statutory-interpretation venue venue-jurisdiction |
Whether venue lies in the state where the defendant formerly resided for a prosecution of failure to register as a sex offender |
| 20-7128 |
Teodoro Reynosa-Denova v. United States |
Fifth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-procedure sentencing stare-decisis supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7133 |
Anthony Reed v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-amendment criminal-procedure due-process fourteenth-amendment grand-jury habeas-corpus prosecutorial-discretion structural-defects |
Whether the Arkansas Constitutional Amendment No. 21 violates the Fourteenth Amendment's due process clause by allowing prosecution by information rat… |
| 20-7137 |
Jerald Dean Godwin v. United States |
Eleventh Circuit |
2021-02-12 |
Denied |
Relisted (2)IFP |
28-usc-2255 appellate-review bank-robbery crime-of-violence crimes-of-violence criminal-procedure due-process fundamental-fairness habeas-corpus meaningful-review section-2255 |
Does the Eleventh Circuit's practice of applying published panel orders as binding precedent deprive inmates of due process? |
| 20-7138 |
Patrick Begay v. United States |
Tenth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
18-usc-3553 aggravated-assault criminal-procedure federal-sentencing guidelines judicial-discretion native-american native-american-defendants sentencing sentencing-guidelines statutory-interpretation united-states-sentencing-commission |
Whether a district court may consider reports generated by the United States Sentencing Commission's advisory groups that concluded the Guidelines for… |
| 20-7139 |
Chayce Aaron Anderson v. Colorado |
Colorado |
2021-02-12 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel right-to-counsel substitute-counsel |
Whether the trial Court abused its discretion in denying Mr. Anderson's request for the appointment of substitute counsel and defense counsel's motion… |
| 20-7140 |
Cesar Raul Aceves v. United States |
Ninth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure immigration immigration-law mens-rea rehaif-v-united-states status-elements statutory-interpretation united-states-v-rehaif unlawful-reentry |
Whether the government must prove that a defendant charged with illegal reentry under 8 U.S.C. § 1326(a) knew he fell within the relevant status categ… |
| 20-7141 |
Curtis Jerome Brown, Sr. v. United States |
Fourth Circuit |
2021-02-12 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-claim criminal-procedure due-process evidentiary-ruling federal-review fraud habeas-corpus judicial-procedure standing state-court |
Whether the petitioner's constitutional rights were violated under the 4th Amendment, 5th Amendment, and 6th Amendment |
| 20-7142 |
Lewis R. Fox v. David W. Gray, Warden |
Sixth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process felonious-assault habeas-corpus insufficient-evidence merits-review sixth-circuit |
Did the United States Court of Appeals for the Sixth Circuit impose an improper burden and unduly burdensome Certificate of Appealability (COA) standa… |
| 20-7145 |
Rasheik Amond Harris v. United States |
Eighth Circuit |
2021-02-12 |
Denied |
IFP |
appellate-review criminal-law criminal-procedure due-process felon-in-possession firearm-offense jury-instructions mens-rea plain-error |
Whether a defendant who was found guilty after a jury trial to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g), is automatically ent… |
| 20-7147 |
Joe Angel Acosta, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-02-12 |
Denied |
IFP |
civil-rights constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions post-conviction-relief procedural-default sufficiency-of-evidence |
Whether the petitioner's constitutional and statutory rights were violated in the proceedings leading to his conviction and sentence |
| 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 the 'Speedy Process' globally regarded as a 'Miracle Appeal' be properly adjudicated? |
| 20-7112 |
Hector Miguel Martinez-Carrillo v. United States |
Fifth Circuit |
2021-02-11 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7114 |
Aesha Johnson v. United States |
Sixth Circuit |
2021-02-11 |
Denied |
Response WaivedIFP |
co-defendant confrontation-clause constitutional-law constitutional-rights criminal-procedure evidence invited-error plea-agreement |
Does the admission of a non-testifying co-defendant's plea agreement implicating the defendant violate the Confrontation Clause? |
| 20-7118 |
Terry Allen Miles v. United States |
Fifth Circuit |
2021-02-11 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence fifth-amendment sentencing sentencing-procedure sixth-amendment |
Did the trial court violate the 5th and 6th Amendments to the Constitution of the United States in overruling Petitioner's objection to the inclusion … |
| 20-7124 |
George Skylar Cloud v. United States |
Ninth Circuit |
2021-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion evidence evidence-admission federal-charges federal-criminal-law firearm-discharge guilty-plea sentencing separation-of-powers |
Did the district court error when it allowed the government to introduce into evidence the Petitioner's guilty plea, in a separate pending matter, to … |
| 20-7125 |
Rashan Williams v. Louisiana |
Louisiana |
2021-02-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
collateral-review criminal-procedure Fourteenth-Amendment non-unanimous-jury retroactivity Sixth-Amendment Teague-v-Lane |
Whether Ramos v. Louisiana applies to cases on State collateral review |
| 20-7129 |
Tyreek Torrence v. Pennsylvania |
Pennsylvania |
2021-02-11 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment |
Was Petitioner's guilty plea involuntarily induced? |
| 20-7132 |
Roy Lee Dykes v. United States |
Fourth Circuit |
2021-02-11 |
Denied |
Response WaivedIFP |
appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial |
Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Dykes' Motion for Release on Bond pending appeal? |
| 20-1104 |
Irina Tesoriero v. Carnival Corporation, dba Carnival Cruise Line |
Eleventh Circuit |
2021-02-11 |
Denied |
Response Waived |
adverse-inference circuit-split civil-procedure discovery evidence evidentiary-standard federal-courts legal-sanction sanctions spoliation spoliation-of-evidence |
Whether federal courts may grant an adverse inference as a sanction for negligent spoliation of evidence |
| 20-1106 |
Jane Doe v. Harvard Pilgrim Health Care, Inc., et al. |
First Circuit |
2021-02-11 |
Denied |
|
administrative-record circuit-split de-novo-review erisa-benefits evidence material-dispute standard-of-review summary-judgment |
Whether, on de novo consideration of an ERISA benefits claim, summary judgment must be denied if there is a genuine dispute of material fact |
| 20-1095 |
Darius Wayne Haws v. Idaho |
Idaho |
2021-02-10 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement |
Whether a criminal defendant's purported waiver of the right to appeal is knowing, intelligent, and voluntary |
| 20-1098 |
Tod Houthoofd v. Les Parish, Warden |
Michigan |
2021-02-10 |
Denied |
Response WaivedRelisted (2) |
14th-amendment 4th-amendment 6th-amendment constitutional-rights criminal-procedure due-process jurisdiction jurisdictional-error trial-jurisdiction venue venue-challenge |
Does Petitioner's convictions violate the U.S. Constitution and prior decisions of the U.S. Supreme Court? |
| 20-7096 |
Brian Edward Reynolds v. United States |
Eighth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
appeal civil-rights criminal-procedure due-process eighth-circuit exclusionary-rule federal-court mandate search-and-seizure standing |
Whether the district court erred in denying the petitioner's motion to suppress evidence obtained in violation of the Fourth Amendment |
| 20-7097 |
Alree B. Sweat, III v. City of Las Cruces, New Mexico, et al. |
New Mexico |
2021-02-10 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-law fourth-amendment ineffective-assistance-of-counsel motion-to-suppress post-conviction-relief property-rights search-and-seizure takings |
Whether the New Mexico Supreme Court erred in denying petitioner's motion for post-conviction relief based on ineffective assistance of counsel |
| 20-7098 |
Herminio Nicolas Reyes v. Georgia |
Georgia |
2021-02-10 |
Denied |
Response WaivedIFP |
circuit-split constitutional-law criminal-procedure due-process exclusionary-rule inevitable-discovery police-misconduct search-and-seizure |
Whether the police officer must actively be pursuing a lawful means of obtaining evidence prior to the occurrence of the illegal misconduct under the … |
| 20-7100 |
Ryan Detrell Robinson v. United States |
Fourth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review circuit-court-review constitutional-law criminal-procedure district-court-judgment due-process equal-protection sentencing sentencing-variance |
Whether the Circuit Court Erred Failing To Reverse District Court's Imposition of an 'Alternate Variance Sentence' Which Was Designed To Insulate The … |
| 20-7107 |
Jimmy Richard Husband v. J. Ray Ormond, Warden |
Fourth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
collateral-review criminal-conviction criminal-procedure due-process fundamental-defect retroactive-effect retroactivity sentencing statutory-interpretation substantive-rule |
Whether NELSON V. COLORADO, 137 S. Ct. 1249 (2018), announced a new substantive rule, narrowing the language and scope of 18 USC Sect. 3661, that has … |
| 20-7109 |
Raul Flores-Villalvaso v. United States |
Ninth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure due-process illegal-reentry mens-rea sentencing sentencing-guidelines specific-intent |
Whether the 8 U.S.C. § 1326 Attempted Illegal Reentry mens rea element of 'specific intent' can be restated as simply 'a conscious desire' with no ref… |
| 20-7110 |
David Falcon v. Neil McDowell, Warden |
Ninth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
aedpa alibi-defense criminal-procedure habeas-corpus ineffective-assistance miranda-hearing miranda-rights police-misconduct police-testimony right-to-counsel strickland-standard |
Whether the Ninth Circuit erred in denying habeas relief on petitioner's claims of ineffective assistance of trial counsel |
| 20-7074 |
Jimmy Lee Nave, Jr. v. Frank Vanihel, Warden |
Seventh Circuit |
2021-02-09 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause warrantless-arrest witness-identification |
Did the District Court err by relying on evidence received after Mr. Nave's warrantless arrest to determine the veracity of statements made by the aff… |
| 20-7076 |
Michael Javier Ottogalli v. United States |
Fifth Circuit |
2021-02-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process enhanced-sentence factual-contestation government-sentencing-memorandum ineffective-assistance ineffective-assistance-of-counsel presentence-report sentencing sentencing-enhancement |
Is due process violated when a defendant receives an enhanced sentence based on erroneous factual conclusions without adequate advance notice? |
| 20-7070 |
Jeremy S. v. West Virginia |
West Virginia |
2021-02-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-inquiry jury-polling jury-trial trial-court-procedure verdict-review |
Does the new syllabus point issued by the Supreme Court of Appeals of West Virginia permitting a trial court judge to make further inquiry of a juror … |
| 20-7078 |
Brandon Cordell Bennett v. United States |
Ninth Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment judicial-review material-omission materiality probable-cause search-warrant |
WHETHER OMITTED INFORMATION FROM A SEARCH WARRANT APPLICATION MUST NEGATE OR CONTRADICT ALLEGED FACTS SUPPORTING PROBABLE CAUSE IN ORDER TO BE MATERIA… |
| 20-7079 |
Lorenzo Liwayne Barnes v. United States |
Fourth Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
appeal-rights criminal-appeal criminal-procedure drug-crimes due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel narcotics-distribution perjury sentencing sentencing-factors |
Whether the United States Court of Appeal 4th Circuit violated the Appellant appeal rights |
| 20-7080 |
Jimmy Lloyd Alexander v. California |
California |
2021-02-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-seizure fair-trial judicial-bias prosecutorial-misconduct |
Whether the petitioner's constitutional rights were violated due to prosecutorial misconduct, judicial bias, and improper admission of evidence |
| 20-7083 |
Jeremy Brown v. United States |
Sixth Circuit |
2021-02-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
5th-amendment burden-of-proof collateral-review criminal-defendant criminal-procedure due-process presumption-of-innocence rehau-v-united-states retroactive-application |
Whether a criminal defendant has substantial due process rights under the Fifth Amendment of the United States Constitution |
| 20-7085 |
Thomas Hoey, Jr. v. United States |
Second Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
attorney-client-privilege conflict-of-interest constitutional-rights criminal-procedure due-process harsher-punishment plain-text precedents sentencing-commission sentencing-guidelines |
Should lower courts interpret sentencing commission provisions to impose harsher punishment? |
| 20-7087 |
Brian James Holland v. United States |
Eleventh Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
18-usc-2241 conviction criminal-law criminal-procedure evidence evidence-sufficiency force-definition statutory-interpretation witness-credibility |
What is the definition of the term 'force' under 18 U.S.C. § 2241? |
| 20-7039 |
Thomas Patrick Keelan v. United States |
Eleventh Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
brady-rule brady-violation criminal-procedure due-process giglio-impeachment giglio-rule homosexuality jencks-act new-evidence perjured-testimony |
Does an overview of facts collected at trial, sentencing, restitution, direct and collateral review, (and from startling new evidence), which exposes … |
| 20-7050 |
Mustafa Muhammad v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-right criminal-procedure due-process indiana-courts ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment |
Whether the Indiana courts erred in denying the petitioner's request for post-conviction relief based on ineffective assistance of counsel |
| 20-7052 |
Joshua Wright v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion mitigating-factors procedural-reasonableness reasonableness sentencing substantive-reasonableness |
Whether the 151-month sentence is procedurally and substantively reasonable |
| 20-7056 |
Faramarz Mehdipour v. Heather Coyle, Judge, et al. |
Oklahoma |
2021-02-05 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidentiary-challenges frivolous habeas-corpus malicious procedural-deficiencies sentencing-disparities standing |
Whether the Oklahoma Supreme Court should provide a list of the cases they claim to be frivolous or malicious, and afford the petitioner an opportunit… |
| 20-7059 |
Glen Thomas Dotson v. Dewayne Hendrix, Warden |
Eighth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial fifth-amendment grand-jury prosecutorial-misconduct right-against-self-incrimination witness-testimony |
Was the petitioner deprived of a fair trial due to prosecutorial misconduct? |
| 20-7060 |
Charles Lee Mosier, Sr. v. Texas |
Texas |
2021-02-05 |
Denied |
IFP |
collateral-proceedings constitutional-review constitutional-standards due-process evidence ineffective-assistance-counsel ineffective-assistance-of-counsel post-conviction-relief strickland-standard strickland-v-washington |
Does a state's initial-review post-conviction collateral proceedings meet constitutional standards when those proceedings fail to provide a prisoner t… |
| 20-7062 |
Alfred L. Cross v. United States |
Seventh Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
bank-fraud constitutional-rights criminal-procedure due-process guilty-plea indictment-defect intent intent-to-defraud jurisdiction materiality materiality-element plea-bargaining |
Whether the Decision below squarely conflicts with McCarthy v. United States and Neder v. United States, where Mr. Cross Held a Constitutional Right t… |
| 20-7068 |
Jerry Davis v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
civil-rights conspiracy criminal-procedure discretionary-sentencing drug-convictions drug-crimes due-process first-step-act sentencing sentencing-reduction statutory-interpretation |
Whether the U.S. Circuit Court of Appeals created a circuit split by declining to find that the defendant's conviction for a mixed crack and powder co… |
| 20-1071 |
West Virginia, ex rel. June Yurish, et al. v. Laura V. Faircloth, Judge, Circuit Court of West Virginia, 23rd Judicial Circuit, et al. |
West Virginia |
2021-02-05 |
Denied |
|
6th-amendment conflict-of-interest counsel-of-choice criminal-procedure due-process joint-representation sixth-amendment standing supremacy-clause |
Whether a state precedent violates the Supremacy Clause and the 6th Amendment |
| 20-1065 |
Christopher Hudler v. Pennsylvania |
Pennsylvania |
2021-02-04 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process extradition fourteenth-amendment in-absentia in-absentia-trial sixth-amendment |
Whether petitioner's judgment of conviction was rendered in violation of the Sixth and Fourteenth Amendments to the United States Constitution, where … |
| 20-7025 |
Derrick Michael Allen, Jr. v. Orlando Hudson, Jr. |
Fourth Circuit |
2021-02-04 |
Dismissed |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process habeas-corpus immunity monetary-relief post-conviction-relief procedural-default standing state-court-review |
Whether the U.S. Court of Appeals erred in affirming the District Court's order dismissing Petitioner's complaint pursuant to 28 U.S.C. 1915 without d… |
| 20-7034 |
Kelli Renee Bullard v. United States |
Fifth Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing defendant-rehabilitation district-court-discretion due-process judicial-review rehabilitation sentencing sentencing-reasonableness statutory-maximum |
Did the district court impose a substantively unreasonable sentence of 60 months imprisonment—the statutory maximum—when it did so with a blind eye to… |
| 20-7035 |
Rondell Slaughter v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure error exhaustion ineffective-assistance legal-concession oral-argument procedural-exhaustion state-court state-court-pleading |
Whether a claim of ineffective assistance of appellate counsel is exhausted when the state-court pleading asserted that appellate counsel rendered ine… |
| 20-7037 |
Elias Junior Rodriguez v. United States |
Fourth Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
5K1.1-motion appellate-review criminal-procedure criminal-sentencing downward-variance government-motion judicial-discretion sentencing sentencing-guidelines U.S.S.G.-5K1.1 |
Does a court violate Gall v. United States by failing to adequately explain the basis for a below-guidelines sentence? |
| 20-7041 |
Bruce Kintrell Green v. United States |
Fifth Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-7048 |
Roman Gabriel Gonzales v. United States |
Fifth Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process plea-bargain sentencing supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decisions of this Court on an important matter, an… |
| 20-7018 |
Lawrence Westbrook, III v. United States |
Sixth Circuit |
2021-02-03 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure criminal-sentencing district-court district-court-discretion enhancement firearm-enhancement firearms sentencing-guidelines united-states-sentencing-guidelines |
Whether the district court erred by applying a six-level enhancement pursuant to USSG § 2K2.1(b)(1)(C) |
| 20-7019 |
Kourtney Williams v. United States |
First Circuit |
2021-02-03 |
Denied |
Relisted (2)IFP |
appellate-review criminal-procedure due-process grand-jury jury-finding mens-rea petit-jury plain-error |
Does Fed. R. Crim. P. 52(b) grant an appellate court discretion to independently find an essential element of an offense for which the defendant was n… |
| 20-7027 |
Susanne Stephanie Nikola Kynast v. Florida |
Florida |
2021-02-03 |
Denied |
IFP |
civil-rights custodia-legis due-process evidence evidence-custodian motion-to-suppress nolle-prosequi property property-seizure search-and-seizure writ-of-mandamus |
Is Petitioner entitled to the return of property taken as evidence without a warrant and held in custodia-legis subsequent to a motion-to-suppress in … |
| 20-7030 |
Devaron Antoine Love v. United States |
Eleventh Circuit |
2021-02-03 |
Denied |
IFP |
28-usc-2255 actual-innocence criminal-procedure federal-habeas habeas-corpus judicial-review new-decision procedural-default section-2255 unlawful-conduct |
Whether a movant under 28 U.S.C. § 2255 can show actual-innocence to overcome a procedural-default |
| 20-7032 |
Salvador Delrio v. United States |
Ninth Circuit |
2021-02-03 |
Denied |
Response WaivedIFP |
courier courier-status criminal-procedure due-process mitigating-role sentencing sentencing-guidelines speculative-inference speculative-inferences u.s.s.g.-3b1.2 |
What weight should a court give to a defendant's essential role as a mere courier when determining a mitigating-role adjustment? |
| 20-7033 |
Otto Edward Christofferson v. United States |
Fifth Circuit |
2021-02-03 |
Denied |
Response WaivedIFP |
criminal-sentencing drug-offenses evidence judicial-review mandatory-minimums sentencing-guidelines |
Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decisions of this Court and other Circuits on an i… |
| 20-1056 |
Justin Wolfe v. Virginia |
Virginia |
2021-02-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-rights constitutional-authority criminal-procedure due-process federal-habeas forfeiture-rule plea-bargaining prosecutorial-misconduct vindictive-prosecution |
Whether a state court can avoid the federal constitutional issues raised by a vindictive-prosecution claim |
| 20-7010 |
Israel Santiago-Lugo v. United States |
First Circuit |
2021-02-02 |
Denied |
Response WaivedIFP |
ambiguity amendment-782 criminal-procedure federal-rules forfeiture molina-martinez-v-us peugh-v-us rule-of-lenity sentencing-guidelines |
Whether the sentence was imposed under U.S.S.G. §201.1(c) |
| 20-7017 |
Dennis Martin Beyer, Jr. v. Texas |
Texas |
2021-02-02 |
Denied |
IFP |
constitutional-requirement continuous-sexual-abuse criminal-procedure criminal-trial due-process jury-conviction jury-unanimity sixth-amendment texas-court-of-criminal-appeals |
Does the constitutional requirement of jury unanimity require a jury to be unanimous as to specific acts of sexual abuse in order to convict a defenda… |
| 20-6991 |
Edwin Jurado-Nazario v. United States |
First Circuit |
2021-02-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process first-circuit judicial-discretion reasonableness reasonableness-review sentencing |
Whether the sentence imposed is unreasonable |
| 20-6992 |
Bobbie Lewis Mayes v. United States |
Fifth Circuit |
2021-02-01 |
Denied |
Response WaivedIFP |
booker criminal-procedure defendant-rights due-process johnson johnson-precedent mandatory-guidelines pre-booker pre-booker-era sentencing-challenge sentencing-guidelines |
Whether a defendant has a right under Johnson to challenge a sentence ordered pre-Booker, when applying the Sentencing Guidelines was mandatory |
| 20-6995 |
Floyd Clark v. United States |
District of Columbia |
2021-02-01 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-jurisdiction criminal-procedure due-process final-judgment johnson-precedent motion-for-new-trial newly-discovered-evidence recanting-affidavit residual-clause |
Whether there was a sufficient final determination by the trial court such that the Circuit Court could have reached a determination of the substantiv… |
| 20-7003 |
Justin Anthony Kudla v. Minnesota |
Minnesota |
2021-02-01 |
Denied |
IFP |
4th-amendment criminal-activity criminal-procedure fourth-amendment law-enforcement police-intrusion reasonable-suspicion terry-stop terry-v-ohio traffic-stop |
Did the district court error by denying the suppression motion? |
| 20-6999 |
Kannha Bounchanh v. Washington State Health Care Authority, et al. |
Ninth Circuit |
2021-01-29 |
Denied |
Response WaivedRelisted (2)IFP |
ada ada-adaa civil-rights due-process equal-protection evidence fourteenth-amendment judicial-discrimination |
Whether the panel of judges at the Ninth Circuit court have violated the petitioner's due-process, equal-protection, ada, civil-rights |
| 20-1042 |
Pedro Hernandez v. New York |
New York |
2021-01-29 |
Denied |
Response Waived |
constitutional-evidence criminal-procedure due-process evidence federal-rules-of-evidence holmes-precedent holmes-v-south-carolina relevance-standard third-party-guilt |
Whether the Constitution permits courts to subject evidence of third-party guilt to heightened relevance standards |
| 20-6958 |
Luis C. Paulino v. Thomas Griffin, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
2nd-amendment burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection justification-defense self-defense standing takings |
Whether the Second Amendment protects the right to carry firearms in public for self-defense |
| 20-6966 |
Charles Eloys Johnson, aka Adam White v. United States |
Fourth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
18-usc-924c appellate-review conspiracy crime-of-violence criminal-procedure hobbs-act hobbs-act-robbery jury-instruction jury-instructions plain-error substantial-rights |
Whether an acknowledged instructional error requires reversal where a reviewing court cannot determine if the jury based its verdict on the legally er… |
| 20-6968 |
Kenton Lance Light v. Texas |
Texas |
2021-01-28 |
Denied |
IFP |
abandonment automobile-exception evidence fourth-amendment methamphetamine probable-cause search-and-seizure |
Whether the Fourth Amendment was violated when police searched a container on the basis that Petitioner abandoned the item without any evidence that P… |
| 20-6971 |
Jason Alfred Martinez v. United States |
Fifth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure plain-reasonableness revocation-of-supervised-release revocation-sentence sentencing sentencing-review standard-of-review substantive-reasonableness |
Whether the court of appeals erred in reviewing the district court's sentence for plain reasonableness |
| 20-6973 |
Tommy Demond Fannin v. United States |
Fifth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
assault criminal-procedure cross-reference district-court due-process fifth-circuit firearm-possession sentencing-guidelines |
Did the district court err when it imposed a cross-reference under U.S. Sentencing Guidelines Manual § 2K2.1(c)(1) without a connection between the po… |
| 20-6974 |
Freddie Lee Wilson v. United States |
Sixth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
404(b) background-evidence circuit-split criminal-procedure criminal-trial drug-evidence evidence-rule federal-rules-of-evidence jury-testimony res-gestae |
Should the Court grant certiorari to make clear that Federal Rule of Evidence 404(b) now controls the use of other acts evidence, and that there is no… |
| 20-6975 |
Cortez Maurice Crumble v. United States |
Eighth Circuit |
2021-01-28 |
Denied |
Relisted (2)IFP |
circuit-court-conflict criminal-law criminal-procedure mens-rea outside-trial-record plain-error-review rehaif-v-united-states substantial-rights trial-error |
Whether prejudice should be presumed under the 'substantial rights' prong of plain-error review for Rehaif-derived trial errors |
| 20-6976 |
Timothy Tijwan Doctor v. United States |
Eleventh Circuit |
2021-01-28 |
Denied |
Response WaivedRelisted (2)IFP |
armed-career-criminal-act criminal-procedure different-occasions federal-court non-elemental-facts plea-colloquy prior-offenses sentencing sentencing-enhancement |
whether-a-federal-court-may-increase-a-defendant's-sentence-under-the-armed-career-criminal-act |
| 20-6977 |
Joshua Ryan Dorman v. United States |
Fifth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6978 |
Chaka LeChar Castro v. United States |
Sixth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
criminal-law criminal-statute due-process ethnic-targeting evidence evidence-sufficiency hate-crime hate-crimes religious-discrimination sentencing sentencing-enhancement statutory-interpretation |
Whether sufficient evidence supported Petitioner's convictions under 18-U.S.C-924(c) |
| 20-6983 |
Demarcus Cole v. Kevin Myers, Warden |
Sixth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
cellular-phone-evidence certificate-of-appealability criminal-procedure fourth-amendment habeas-corpus illegal-evidence ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress trial-counsel |
Did the Court of Appeals err in denying a Certificate of Appealability on trial counsel was ineffective, when counsel failed to file a pre-trial Motio… |
| 20-6984 |
Ralph Frank Esposito, Jr. v. Arizona |
Arizona |
2021-01-28 |
Denied |
Response WaivedIFP |
5th-amendment brady-violation constitutional-rights criminal-procedure discovery-violation due-process evidence-suppression structural-error witness-testimony |
Whether the State of Arizona violated the Defendant's rights to due process under the 5th Amendment of the United States Constitution and under specif… |
| 20-6954 |
Brenda Yadira Gamez-Castaneda v. United States |
Fifth Circuit |
2021-01-27 |
Denied |
Response WaivedIFP |
alien-smuggling criminal-procedure criminal-sentencing due-process judge-found-facts judicial-fact-finding jury-trial jury-trial-rights sentencing sentencing-guidelines sixth-amendment |
Whether Petitioner's sentence violates the Sixth Amendment because its reasonableness depends upon facts found by the court that was not admitted by t… |
| 20-6959 |
Mason Somers v. Jay Forshey, Warden |
Sixth Circuit |
2021-01-27 |
Denied |
Response WaivedIFP |
attorney-client-privilege constitutional-rights criminal-procedure discovery due-process ineffective-assistance jail-recordings pre-trial-discovery right-to-counsel trial-counsel |
Whether trial counsel was ineffective for providing discoverable information to his client prior to receiving discovery from the government, resulting… |
| 20-6914 |
Ryan Clark Petersen v. Alabama |
Alabama |
2021-01-26 |
Denied |
IFP |
buchanan-v-kentucky capital-trial criminal-procedure due-process estelle-v-smith expert-testimony fifth-amendment mental-health-evaluation psychological-evaluation self-incrimination |
Where a court-appointed mental health expert assures a criminal defendant that the evidence gathered in his psychological evaluation will not be used … |
| 20-6921 |
Elier Isai Marquez-Gonzalez v. United States |
Fifth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure empirical-basis fifth-circuit illegal-reentry presumption-of-reasonableness sentencing-guidelines |
Whether a presumption of reasonableness on appeal does not apply to a sentence produced by the illegal reentry guideline, §2L1.2, because that guideli… |
| 20-6930 |
Marco Antonio Lopez-Sanchez v. United States |
Fifth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
case-review constitutional-law court-of-appeals criminal-procedure due-process judicial-procedure legal-precedent recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6931 |
Christopher Shawn Landreneau v. United States |
Fifth Circuit |
2021-01-26 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof circuit-split criminal-procedure due-process evidence fifth-amendment presentence-report sentencing sentencing-guidelines |
Whether a district court may require a defendant to present his own evidence refuting a presentence investigation report's factual claims leading to a… |
| 20-6932 |
Jorge Armando Jamaica-Hernandez v. United States |
Fifth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 20-6933 |
Seledonio Martinez v. United States |
Fourth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness reasonableness-review sentencing sentencing-guidelines sentencing-standard totality-of-the-circumstances |
Whether the 46-month sentence is reasonable given the totality of the circumstances |
| 20-6936 |
Scott Tucker v. United States |
Second Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jury-instructions mens-rea racketeering |
Whether the Court of Appeals has endorsed an inflexible rule that limits evidence of legal advice rendered to the defendant to the very inception of t… |
| 20-6937 |
Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2021-01-26 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy fourth-amendment habeas-corpus ineffective-assistance-of-counsel mistrial parole |
Whether the court erred in dismissing the petitioner's writ of habeas corpus as unauthorized and successive |
| 20-6939 |
Thomas Nevius v. Gurbir S. Grewal, Attorney General of New Jersey, et al. |
Third Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
administrative-law brady-violation civil-procedure civil-rights co-defendant-confession confrontation-clause criminal-procedure due-process equal-protection evidence-admissibility judicial-discretion standing |
Whether the lower court erred in dismissing petitioner's claims for lack of standing |
| 20-6946 |
Barry Cashin v. United States |
Sixth Circuit |
2021-01-26 |
Denied |
IFP |
appellate-jurisdiction appellate-review circuit-split criminal-procedure due-process procedural-reasonableness sentence-reduction sentencing statutory-interpretation substantive-reasonableness |
Does 18 U.S.C. § 3742(a) restrict appellate courts' authority to review the procedural and substantive reasonableness of a denial of a motion for a se… |
| 20-6948 |
Beau Brandon Croghan v. United States |
Eighth Circuit |
2021-01-26 |
Denied |
IFP |
8th-circuit child-pornography criminal-intent criminal-law eighth-circuit evidence evidence-retention knowingly-receives mens-rea statutory-interpretation website-viewing |
Whether the Eighth Circuit erred by holding that a defendant knowingly receives child pornography by viewing it on a website, even without any evidenc… |
| 20-6951 |
Julio Torres Palomo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-26 |
Denied |
IFP |
criminal-procedure due-process evidence-sufficiency expert-testimony hearsay hearsay-objection indictment indictment-insufficiency jury-instructions sexual-abuse sufficiency-of-evidence |
Question not identified |
| 20-6952 |
In Re Russell Adam Pelletier |
|
2021-01-26 |
Denied |
IFP |
civil-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance prosecutorial-fraud prosecutorial-misconduct standing |
Does ignorance of the law bar petitioner from having right to be heard when a miscarriage of justice has occurred? |
| 20-991 |
Stevie L. England v. DeEdra Hart, Warden |
Sixth Circuit |
2021-01-26 |
Denied |
Response Waived |
criminal-procedure davis-v-united-states fifth-amendment interrogation interrogation-standard miranda-rights miranda-v-arizona objective-inquiry right-to-counsel subjective-factors |
Whether the 'objective inquiry' required by Davis may be based on subjective factors |
| 20-992 |
John Vigna v. Maryland |
Maryland |
2021-01-26 |
Denied |
Response Waived |
appellate-review character-evidence constitutional-rights criminal-law due-process fair-trial harmless-error |
Whether the denial of an accused request to introduce credible and relevant evidence that directly rebuts and contradicts the prior bad acts evidence … |
| 20-993 |
Jeremy Mickens v. Arkansas |
Arkansas |
2021-01-26 |
Denied |
Response Waived |
4th-amendment civil-rights criminal-procedure dog-sniff due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure traffic-stop |
Whether a police officer may extend a traffic stop to conduct a dog sniff |
| 20-995 |
Anthony Vetri v. United States |
Third Circuit |
2021-01-26 |
Denied |
Response Waived |
4th-amendment aiding-and-abetting cellphone-data cellphone-privacy criminal-procedure digital-privacy evidence-search fourth-amendment particularity probable-cause search-and-seizure warrant-requirements |
Whether the Fourth Amendment requires more stringent privacy considerations in authorizing a warrant for the seizure of a cellphone and the manner its… |
| 20-6913 |
Terry Smith v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-review severance speedy-trial standing state-constitution |
Whether Petitioner has standing to bring his claims of speedy trial and due process rights |
| 20-6922 |
Melvin Bonnell v. Ohio |
Ohio |
2021-01-25 |
Denied |
IFP |
brady-vs-maryland capital-punishment criminal-procedure due-process evidence prosecutorial-misconduct |
When a capitally sentenced defendant credibly demonstrates that state actors have continually exhibited bad-faith and the majority of evidence is lost… |
| 20-6924 |
Auturo Beltran v. Craig Koenig, Warden |
Ninth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas habeas-corpus plea-agreement sentencing trial-court |
Whether petitioner's claim that the court's abrupt and arbitrary rejection of his plea agreement deprived him of due process is cognizable in habeas |
| 20-6925 |
Leonidas Iraheta and Eduardo Hernandez v. United States |
Ninth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fifth-amendment judge-found-facts judicial-discretion jury-trial sentencing sentencing-enhancement sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit severe increases to the sentences of criminal defendants using judge-found facts rejected by the jury |
| 20-6926 |
Nestor Alegria Hernandez v. California |
California |
2021-01-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equal-protection fourteenth-amendment intoxicated-driving involuntary-manslaughter jury-instructions lesser-included-offense |
Whether California law violates the Fourteenth Amendment's Equal Protection Clause by requiring its courts to instruct on involuntary manslaughter as … |
| 20-6927 |
Anthony Freeney v. United States |
Fifth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
18-usc-3553a audio-recordings criminal-procedure due-process evidence-sufficiency jail-phone-calls jury-instructions jury-verdict sentencing standard-of-review sufficiency-of-evidence |
Was the evidence insufficient to sustain the jury's guilty verdict? |
| 20-978 |
Poppi Metaxas v. United States |
Second Circuit |
2021-01-22 |
Denied |
Response WaivedRelisted (2) |
certificate-of-appealability constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining reasonable-probability trial |
Whether the petitioner was denied effective assistance of counsel with respect to the plea process |
| 20-973 |
Ricky Haywood-Watson v. Texas |
Texas |
2021-01-15 |
Denied |
|
apprendi-v-new-jersey constitutional-guarantee continuous-sexual-abuse criminal-procedure jury-unanimity ramos-v-louisiana richardson-v-united-states schad-v-arizona sexual-abuse texas-penal-code |
Does Section 21.02(d) of the Texas Penal Code violate the constitutional guarantee of jury unanimity? |
| 20-6889 |
Gregory Bartunek v. United States |
Eighth Circuit |
2021-01-15 |
Denied |
Response WaivedIFP |
4th-amendment constitutional-law criminal-procedure due-process habeas-corpus internet-protocol overbreadth search-warrant standing vagueness |
Whether the federal rules of criminal procedure are unconstitutionally overbroad and vague |
| 20-6895 |
Raheem Jefferson Brennerman v. United States |
Second Circuit |
2021-01-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court |
Whether the abuse of discretion standard is Constitutionally impermissible where a trial court deprived a criminal defendant of his Constitutional rig… |
| 20-6896 |
Phillip A. Benjamin v. Florida |
Florida |
2021-01-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equal-protection fair-trial fourteenth-amendment jury-selection sixth-amendment witness-testimony |
Did the Trial Court err when limiting the testimonies of the defense witness from testifying of vital information, therefore, hindering the Defendant … |
| 20-6901 |
Antonio Sierra v. Jack Daneri, et al. |
Pennsylvania |
2021-01-15 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process fourth-amendment habeas-corpus rules-of-court standing state-court-error unreasonable-seizure |
Whether petitioner sufficiently asserted federal rights in the case being heard by state courts who defeated by rules of court, in error, petitioner's… |
| 20-6910 |
El-Asad Alsaedi v. Florida |
Florida |
2021-01-15 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection federal-jurisdiction judicial-discretion mandatory-minimum sentencing-authority sentencing-guidelines standing statutory-interpretation |
Whether the Eleventh Circuit erred in dismissing Petitioner's civil rights claims against Defendant for lack of standing |
| 20-6911 |
Dimas Alfaro-Granados v. United States |
Eleventh Circuit |
2021-01-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama rico-enterprise sentencing sixth-amendment vicar |
whether-counsel-was-ineffective |
| 20-6875 |
Jason Pierce v. Nathan Brooks, Warden |
Eleventh Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability court-appointed-counsel criminal-procedure death-penalty faretta-protocol habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-defect structural-defect |
Did the United States Court of Appeals err in failing to issue a Certificate of Appealability from the denial of the Petition for writ of habeas corpu… |
| 20-6880 |
Victor Esquivel, aka Youngster v. United States |
Fifth Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
anders-brief constructive-denial criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel no-merit-brief preserved-objections right-to-counsel right-to-effective-assistance-of-counsel |
Whether Esquivel's Right to Counsel Was Constructively Denied |
| 20-6884 |
Luis Alberto Andrade-Salas v. United States |
Fifth Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6888 |
Christina Elizabeth Pandey v. United States |
Fifth Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6890 |
Chong Leng Lee v. Wisconsin |
Wisconsin |
2021-01-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-rights brady-violation court-reporter-act criminal-procedure dismissal due-process evidence-destruction fair-trial transcripts |
Is dismissal available to remedy a Brady violation and did Chong establish a Brady violation that warrants dismissal? |
| 20-6892 |
Vashaun Williams v. Illinois |
Illinois |
2021-01-14 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment compelled-testimony constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions self-incrimination sixth-amendment |
Whether the State violated the Petitioner's rights under the 5th and 6th Amendments by compelling the testimony of a witness who invoked the 5th Amend… |
| 20-6894 |
Macho Joe Williams v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-01-14 |
Denied |
IFP |
appellate-review civil-rights conflict-of-interest constitutional-interpretation criminal-appeal criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion sentencing sentencing-guidelines |
Whether the trial court abused its discretion when it denied Appellant's motion to review a 2019 order |
| 20-6851 |
Jeffrey Lee Atwater v. Florida |
Florida |
2021-01-13 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-counsel sixth-amendment |
Did Mr. Atwater show a violation of the right to determine the objective of his defense and his right to hold the State to its burden of proof of each… |
| 20-6864 |
Brian David Hill v. United States |
Fourth Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury |
Whether the district court erred in sentencing the petitioner without a jury trial and by a preponderance of the evidence |
| 20-6866 |
Kevin Sutherby v. Sherman Campbell, Warden |
Sixth Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-misconduct warrantless-arrest |
Whether Mr. Sutherby is entitled to a new trial based on newly-discovered-evidence, ineffective-assistance-of-counsel, and illegal-evidence |
| 20-6867 |
Noel Romero-Espinal v. United States |
Fourth Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
continuing-offense criminal-law criminal-procedure due-process federal-statute illegal-reentry immigration immigration-law sentencing statutory-interpretation united-states-code |
Whether illegally reentering the United States in violation of 8 U.S.C. §1326 is a continuing offense |
| 20-6871 |
Angnem Green v. New York |
New York |
2021-01-13 |
Denied |
IFP |
closing-argument constitutional-rights criminal-procedure due-process equal-protection fair-trial prosecutorial-misconduct racial-bias racial-discrimination |
Whether the New York Appellate Division, Fourth Judicial Department erred in finding Petitioner's Constitutional right to a fair trial was not violate… |
| 20-937 |
Robert Andrews v. New Jersey |
New Jersey |
2021-01-13 |
Denied |
Amici (4)Response RequestedResponse WaivedRelisted (2) |
criminal-procedure criminal-prosecution evidence-discovery fifth-amendment foregone-conclusion passcode-disclosure password-disclosure self-incrimination state-supreme-court testimonial-compulsion |
Does the Fifth Amendment protect against compelled disclosure of a memorized passcode? |
| 20-6837 |
Jacob Ray Owens v. United States |
Fifth Circuit |
2021-01-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure drug-crimes fact-finding judicial-fact-finding methamphetamine-distribution plea-agreement plea-bargaining sentencing sentencing-guidelines sixth-amendment |
Whether Petitioner's sentence violates the Sixth Amendment |
| 20-6843 |
Cedryck Davis v. Illinois |
Illinois |
2021-01-12 |
Denied |
Response WaivedIFP |
attempted-murder criminal-intent criminal-procedure due-process fair-trial identity identity-evidence other-crimes-evidence reasonable-doubt witness-testimony |
Whether Cedryck Davis's convictions for the attempt murder of Naja Harrington and Shawn Harrington should be reversed |
| 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 |
| 20-6848 |
Dana Sylvester Whitley v. R. Graham, Jr., Warden |
Fourth Circuit |
2021-01-12 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure double-jeopardy due-process habeas-corpus judicial-review merger-of-sentences ohio-court-of-appeals post-conviction-relief second-degree-murder sentencing |
Was the U.S. District Court for the District of Maryland correct in dismissing my habeas corpus petition? |
| 20-6822 |
Rodney Berryman, Sr. v. Ron Davis, Warden |
Ninth Circuit |
2021-01-11 |
Denied |
IFP |
28-usc-2254 criminal-procedure federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mitigation-evidence neuro-psychiatric-testing |
Was the state court's denial of Petitioner's claims contrary to or an unreasonable application of clearly established federal law? |
| 20-6823 |
Robert Buttery v. Ohio |
Ohio |
2021-01-11 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment constitutional-amendment criminal-procedure due-process jury-trial jury-trial-rights juvenile-adjudication sex-offender-registration |
Whether an adult felony conviction under Ohio's failure to register statute violates due process and jury trial rights |
| 20-6831 |
David Garcia v. United States |
Sixth Circuit |
2021-01-11 |
Denied |
Response WaivedIFP |
circuit-court constitutional-rights criminal-procedure direct-appeal duty-to-adjudicate existing-record ineffective-assistance ineffective-assistance-of-counsel merits sixth-amendment |
Whether a circuit court of appeals has a duty to adjudicate the merits of a Sixth Amendment ineffective-assistance-of-counsel claim raised by a defend… |
| 20-6836 |
Julian P. Gutierrez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-11 |
Denied |
IFP |
appellate-counsel appellate-review criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Effective-Assistance-of-Counsel |
| 20-929 |
Neil J. Gillespie v. Florida |
Florida |
2021-01-11 |
Denied |
Response Waived |
6th-amendment constitutional-right criminal-defendant criminal-procedure due-process faretta-v-california forced-counsel habeas-corpus right-to-self-representation self-representation state-proceedings |
Can a writ of habeas corpus free a criminal defendant in state criminal proceedings from being restrained by forced appointment of counsel prohibited … |
| 20-916 |
Nathaniel K. Hooker v. Illinois |
Illinois |
2021-01-08 |
Dismissed |
|
adversarial-proceeding criminal-procedure due-process effective-assistance probable-cause right-to-bear-arms right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment |
Whether the Circuit Court of Will County erroneously deprived the defendant of his Sixth Amendment right to counsel during his criminal proceedings |
| 20-919 |
Richard Spinnenweber, et al. v. Dan Williams |
Eleventh Circuit |
2021-01-08 |
Denied |
Response Waived |
arrest civil-rights criminal-arrest criminal-procedure district-court due-process fourth-amendment judicial-determination law-enforcement legal-standard probable-cause |
Whether the district court erred in holding that there was probable cause to believe the plaintiffs had committed the crime for which they were arrest… |
| 20-6789 |
Lilia Abril Olmedo-Perez v. United States |
Fifth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
administration-of-justice appellate-review criminal-procedure drug-offense federal-law fifth-circuit minor-role sentencing-guidelines |
Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts related to a warranted two-level adjustment under U.S.S… |
| 20-6792 |
Edgar Rene Mier-Garces v. United States |
Tenth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
circuit-split conspiracy conspiracy-prosecution constitutional-law criminal-procedure double-jeopardy due-process tenth-circuit |
Whether the Tenth Circuit's test for determining whether two conspiracy prosecutions involve the same conspiracy renders the Double Jeopardy Clause in… |
| 20-6793 |
Curtis Parks v. Willis Chapman, Warden |
Sixth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process fundamental-fairness habeas-corpus post-conviction procedural-default structural-error |
Whether a petitioner in post-conviction proceedings asserting a procedurally defaulted structural error can demonstrate prejudice by showing that the … |
| 20-6799 |
Kosoul Chanthakoummane v. Texas |
Texas |
2021-01-08 |
Denied |
IFP |
bitemark-identification criminal-procedure dna-analysis dna-evidence due-process expert-testimony eyewitness-identification eyewitness-testimony forensic-evidence scientific-evidence trial-fairness |
Is Petitioner's conviction the product of a fundamentally unfair trial that was prejudiced by the admissibility of flawed forensic scientific evidence… |
| 20-6800 |
Harry Miller v. United States |
Seventh Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
brady-rule brady-v-maryland constitutional-law criminal-procedure due-process exculpatory-evidence favorable-evidence materiality prosecutorial-disclosure prosecutorial-misconduct trial-fairness |
How does a court determine whether evidence that the prosecution did not share with the defense before trial is 'favorable' under the standard announc… |
| 20-6802 |
Noel Jones v. United States |
Fifth Circuit |
2021-01-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
automatic-reversal constitutional-defect criminal-liability criminal-procedure drug-conspiracy drug-quantity due-process guilty-plea sentencing-enhancement structural-error |
If a criminal defendant pleading guilty to a drug conspiracy is required to admit to an enhancing drug quantity as part of his guilty plea but has bee… |
| 20-6803 |
Dominic Lindsey v. United States |
Fifth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
case-conflict certiorari court-order criminal-procedure double-jeopardy due-process judicial-precedent legal-compliance precedent supreme-court supreme-court-review writ-of-certiorari |
Whether the opinion below conflicts with this Court's decisions in Witte v. United States and Davis v. United States, and whether it adequately compli… |
| 20-6805 |
Michael M. Williams v. Josh Stein, Warden |
Fourth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
6th-amendment actual-innocence constitutional-violation criminal-procedure exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief state-law-relief trial-counsel |
Did the trial court err in reviewing prisoner Williams' initial motion for post-conviction relief for violations of the 6th Amendment right to effecti… |
| 20-6810 |
Michael Lanier Watkins v. Georgia |
Georgia |
2021-01-08 |
Denied |
IFP |
criminal-procedure defendant-rights due-process ineffective-assistance judicial-discretion lesser-included-offense sixth-amendment trial-counsel |
Did Petitioner receive ineffective assistance of counsel? |
| 20-6796 |
Simon A. Sanchez v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-01-07 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure deadly-weapon due-process fair-trial ineffective-assistance-of-counsel jury-instructions |
Whether Trial Counsel failure to object a factual withholding with Guilty modifications in two (Pharenteticals) of Jury instructions, prevented Juror'… |
| 20-6771 |
Oristel Soto-Peguero v. United States |
First Circuit |
2021-01-05 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree good-faith-exception illegal-search independent-source-doctrine search-and-seizure warrant-application |
Whether the court erred when it denied Petitioner's motion to suppress evidence discovered during an illegal search |
| 20-6775 |
Dantazias Raines v. Georgia |
Georgia |
2021-01-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure eighth-amendment jury-trial juvenile-sentencing life-without-parole montgomery-v-louisiana permanent-incorrigibility sixth-amendment |
Does a juvenile have a Sixth Amendment right to have a jury decide whether he is permanently incorrigible, and thus eligible to be sentenced to life w… |
| 20-6777 |
James Baxton v. United States |
Fourth Circuit |
2021-01-05 |
Denied |
Response WaivedIFP |
conspiracy criminal-evidence criminal-law criminal-procedure district-court due-process evidence fourth-circuit rico rico-conspiracy sentencing sentencing-guidelines |
Whether the Government produced sufficient evidence to prove beyond a reasonable doubt that the Petitioner's actions were part of a Rico Conspiracy |
| 20-6778 |
Richard Anderson v. United States |
Second Circuit |
2021-01-05 |
Denied |
Response WaivedIFP |
burden-of-proof courtroom-closure criminal-procedure family-member-exclusion public-trial sixth-amendment triviality-exception waller-v-georgia |
Whether there is a 'triviality exception' to the Sixth Amendment right to a public trial |
| 20-6781 |
Bernard Moore v. United States |
Eleventh Circuit |
2021-01-05 |
Denied |
Relisted (2)IFP |
appellate-review circuit-split criminal-procedure due-process felon-in-possession felon-status jury-instructions rehaif-standard rehaif-v-united-states sentencing substantial-rights |
Whether the courts of appeals may consider the entire record, including a presentence report, in determining if the defendant's substantial rights wer… |
| 20-6755 |
Alejandro Tovar-Regalado v. United States |
Fifth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
alleyne-rule almendarez-torres appellate-procedure apprendi-rule constitutional-law criminal-law criminal-procedure due-process judicial-interpretation precedent-interpretation sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 20-6757 |
Phillip Jazir Thompson v. United States |
Fourth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process fugitive fugitive-status probation-law sentencing sentencing-conditions supervised-release tolling tolling-period |
Whether a term of supervised release is tolled during the time in which the person on supervised release is a fugitive |
| 20-6759 |
Bernard Weiters, Jr. v. United States |
Fourth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
3582(c)(2) criminal-procedure criminal-sentencing first-step-act resentencing section-404(b) sentencing-guidelines statutory-interpretation statutory-mandatory-minimum statutory-maximum |
Whether the court committed error by declining to resentence the petitioner under Section 3582(c)(2) when the court earlier reduced the petitioner's '… |
| 20-6760 |
Adam Lee Thomas v. Texas |
Texas |
2021-01-04 |
Denied |
IFP |
civil-procedure criminal-procedure due-process evidence extraneous-offenses innocence-phase judicial-interpretation legal-error state-court texas-rules texas-rules-of-evidence |
whether the weal Court erroneously admitted evidence of extraneous offenses or acts of miscanduct allegedly Committed by Petitioner luring the gui inn… |
| 20-6761 |
Wayne Wells, Jr. v. Terrie Wallace, Warden |
Fourth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
age-of-consent civil-rights constitutional-rights criminal-law criminal-procedure due-process evidence-rules sentencing statutory-interpretation trial-procedure witness-testimony |
Does the statute SC Code Ann. 8 10-3655 (8)(2) have unconstitutional requirements? |
| 20-6764 |
James Ray Davis v. Christopher Morledge, Judge, Circuit Court of Arkansas, St. Francis County, et al. |
Eighth Circuit |
2021-01-04 |
Denied |
IFP |
appeals criminal-procedure due-process ineffective-assistance-of-counsel plea-bargaining sentencing |
Question not identified |
| 20-6767 |
Marlon Thomas v. Illinois |
Illinois |
2021-01-04 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process mental-competence pre-trial-evaluation right-to-counsel sentencing |
Whether the petitioner's due process rights were violated when the trial court denied his request for a pre-trial competency evaluation despite eviden… |
| 20-6770 |
Lelis Ezequiel Treminio-Tobar v. United States |
Fourth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
5th-amendment affirmative-defense criminal-procedure due-process fifth-amendment jury-instruction jury-instructions trial-court |
Whether the Fifth Amendment Due Process right to present a defense requires the trial court to instruct the jury that it has a duty to acquit any defe… |
| 20-6730 |
Jose Lupe Corrall v. United States |
Fifth Circuit |
2020-12-31 |
Denied |
Response WaivedIFP |
controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation |
Whether, under McFadden v. United States, a defendant pleading guilty to knowingly distributing a controlled substance must admit that he knew the sub… |
| 20-6734 |
John S. Mobasseri v. United States |
Sixth Circuit |
2020-12-31 |
Denied |
Response WaivedIFP |
18-usc-2259 child-pornography criminal-procedure criminal-sentencing due-process restitution retroactive-application statutory-amendment |
Whether it violates due process to retroactively apply the 2018 amendments to 18 U.S.C. § 2259 to offense conduct occurring prior to the effective dat… |
| 20-6737 |
Christian Alejandro Perez v. United States |
Fifth Circuit |
2020-12-31 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process knowingly-and-voluntarily plea-bargain right-of-appeal waiver-of-appeal |
Was a dismissal of the appeal improper considering the court of appeals' reliance on a waiver of appeal pursuant to a plea bargain in which Mr. Perez … |
| 20-6741 |
Peter J. McDaniels v. Kathleen Preito, et al. |
Ninth Circuit |
2020-12-31 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights constitutional-rights document-request due-process evidence evidence-withholding legal-discovery spoliation state-officials summary-judgment |
Does spoliation shift the burden of proof in a summary judgment motion? |
| 20-6743 |
Neil Dussard v. United States |
Second Circuit |
2020-12-31 |
Denied |
IFP |
circuit-split constitutional-challenge criminal-procedure due-process federal-jurisdiction plain-error sentencing sentencing-review statutory-interpretation united-states-v-davis |
Whether the Supreme Court should correct the Second Circuit's split from other Circuit Courts in addressing the recurring question of the validity of … |
| 20-6745 |
Demetrius Elishakim Jefferson v. United States |
Eighth Circuit |
2020-12-31 |
Denied |
Relisted (2)IFP |
18-usc-3742 404b-evidence attempt-offenses auer-deference circuit-split controlled-substance-offense criminal-procedure expert-testimony sentencing-guidelines |
Whether this Court should resolve a Split among the Circuits and find a District Court's use of Application note 1 to U.S.8.G. § 4B1.2, which purports… |
| 20-6748 |
Edward David v. Eloy Ituarte, et al. |
Ninth Circuit |
2020-12-31 |
Denied |
Response WaivedIFP |
6th-amendment confrontation-clause criminal-procedure due-process evidence witness |
Whether the Sixth Amendment Confrontation Clause was violated |
| 20-6720 |
Terek Harper v. United States |
Fourth Circuit |
2020-12-30 |
Denied |
Response WaivedIFP |
consideration contract-law criminal-law criminal-procedure due-process federal-criminal-law plea-agreement plea-bargaining void-agreement void-for-lack-of-consideration |
Whether a federal criminal plea agreement is void and unenforceable when it lacks consideration |
| 20-6724 |
Kaseem Alexander v. United States |
Eleventh Circuit |
2020-12-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment abuse-of-discretion civil-rights criminal-procedure downward-variance due-process gun-range property-rights search-and-seizure sentencing-guidelines standing target-shooting |
Whether the government's warrantless search of a person's home and seizure of their property violates the Fourth Amendment's protection against unreas… |
| 20-6726 |
Jamie Betances v. United States |
First Circuit |
2020-12-30 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure factual-objections guilty-plea legal-arguments plea-agreement sentencing-enhancement sentencing-guidelines |
Did the lower court err in denying Jamie Betances acceptance of responsibility, under U.S.S.G. § 3E1.1, after Mr. Betances pleaded guilty, accepted th… |
| 20-6727 |
Sergio Avalos v. United States |
Ninth Circuit |
2020-12-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-and-just-reasons guilty-plea impeachment-evidence impeachment-information plea-agreement post-hoc-disclosure withdrawal |
Whether being misled about the terms of the plea agreement and the government's post-hoc disclosure of impeachment information constituted 'fair and j… |
| 20-6728 |
Jarvis O'Neil Adams v. Georgia Office of the Governor, et al. |
Eleventh Circuit |
2020-12-30 |
Denied |
Response WaivedIFP |
4th-amendment arrest civil-rights criminal-procedure law-enforcement narcotics officer-opinion probable-cause search-and-seizure seizure |
Whether probable cause can be established solely on officer's opinion of narcotics smell |
| 20-6731 |
Kevin Francis v. Massachusetts |
Massachusetts |
2020-12-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
case-screening court-procedure criminal-procedure indigent-defendants judicial-error legal-waiver precedent public-defender sixth-amendment waiver |
Whether the Massachusetts Supreme Judicial Court erred when it held that a public defender case screener who did not represent the defendant waived th… |
| 20-6732 |
Adams Joel Forty-Febres v. United States |
First Circuit |
2020-12-30 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence-insufficiency first-circuit judicial-review standard-of-review statutory-interpretation sufficiency-of-evidence |
Whether Evidence was Totally Insufficient for the Conviction to Fairly Stand |
| 20-860 |
Ryan Randall Gilbertson v. United States |
Eighth Circuit |
2020-12-30 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure criminal-restitution due-process jury jury-determination procedural-due-process reasonable-doubt sentencing sixth-amendment |
Whether the Sixth Amendment prohibits a court from imposing criminal restitution on a defendant based on facts not found by the jury beyond a reasonab… |
| 20-6715 |
Michael Adair Mankin v. United States |
Fifth Circuit |
2020-12-29 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6718 |
Jason J. Johnson v. California |
California |
2020-12-29 |
Denied |
IFP |
criminal-procedure due-process evidence evidentiary-rule judicial-discretion legal-standard newly-discovered-evidence post-conviction post-conviction-relief standards-of-review trial-procedure |
Under the 'newly discovered evidence rule' does not evidence discovered after conviction, such as evidence the movant could not have possibly discover… |
| 20-6688 |
Arthur Tyrone Lee, Jr. v. United States |
Eighth Circuit |
2020-12-23 |
Denied |
Relisted (2)IFP |
circuit-split criminal-law criminal-procedure plain-error rehaif-v-united-states sufficiency-of-evidence |
Whether the defendant's stipulation at trial was plain error warranting relief on the sufficiency of the evidence |
| 20-6698 |
Richard H. Morrison v. Florida |
Florida |
2020-12-23 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-procedure criminal-procedure due-process evidentiary-burden habeas-corpus legal-burden procedural-standard state-courts state-jurisdiction |
Do the state have the burden, and then that burden shift back to the defendant to challenge? |
| 20-6699 |
Juan David Pineda-Rodriguez v. United States |
Fifth Circuit |
2020-12-23 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-procedure sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6701 |
Benjamin Pedraza, III v. Ohio |
Ohio |
2020-12-23 |
Denied |
Response WaivedIFP |
cell-phone-data constitutional-rights criminal-procedure eighth-amendment fifth-amendment fourteenth-amendment fourth-amendment law-enforcement-procedure privacy-expectation search-and-seizure warrantless-search |
Whether a third party has expectation of privacy in cell-phone data obtained without a warrant |
| 20-6706 |
Roberto Degollado v. Texas |
Texas |
2020-12-23 |
Denied |
IFP |
and whether due process requires affirmative show 14th-amendment criminal-plea criminal-procedure due-process guilty-plea intentional-conduct memory memory-defense murder plea-bargaining |
Is a defendant's open plea of guilty to murder valid when the plea colloquy reflects the defendant does not remember the conduct, or is it no longer r… |
| 20-6691 |
Cesar Armenta Lopez v. United States |
Eleventh Circuit |
2020-12-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment procedural-fairness sixth-amendment supervised-release united-states-v-haymond |
Did the district court's failure to afford petitioner an opportunity to be heard prior to adjudicating him guilty of supervised release violations as … |
| 20-6692 |
Juan Manuel Lopez-Canales v. United States |
Fifth Circuit |
2020-12-22 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6694 |
Gerardo Flores-Riojas v. United States |
Fifth Circuit |
2020-12-22 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-838 |
Kim Blandino v. Nevada, et al. |
Nevada |
2020-12-22 |
Denied |
|
constitutional-rights criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment free-exercise impartial-judge judicial-impartiality structural-error |
Whether a criminal defendant's right to an impartial judge under the Fifth and Fourteenth Amendments requires correction before trial or conviction |
| 20-830 |
Washington v. Said Omer Ali |
Washington |
2020-12-21 |
Denied |
Amici (3) |
8th-amendment criminal-procedure eighth-amendment graham-v-florida individual-proportionality juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama proportionality-determination sentencing-guidelines supreme-court-precedent |
Whether Graham and Miller require an individual proportionality determination before imposing any sentence on a juvenile offender convicted in adult c… |
| 20-831 |
Washington v. Endy Domingo-Cornelio |
Washington |
2020-12-21 |
Denied |
Amici (3) |
8th-amendment constitutional-law criminal-procedure eighth-amendment graham-v-florida individual-proportionality juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama proportionality-review sentencing-guidelines |
Whether Graham and Miller require an individual proportionality determination before imposing any sentence on a juvenile offender convicted in adult c… |
| 20-833 |
William Todd Coontz v. United States |
Fourth Circuit |
2020-12-21 |
Denied |
Response Waived |
criminal-procedure criminal-tax-prosecution expert-testimony expert-witness-exclusion foundation sentencing-guidelines state-of-mind tax-knowledge tax-prosecution willfulness willfulness-standard witness-testimony |
Was it reversable error for the trial court to exclude the Petitioner's/Coontz's key witness — the CPA expert — from testifying in a criminal tax pros… |
| 20-6668 |
Christopher Zamarripa v. United States |
Fifth Circuit |
2020-12-21 |
Denied |
IFP |
ambiguity appeal-waiver circuit-split criminal-procedure district-court due-process judicial-interpretation plea-bargaining plea-colloquy procedural-ambiguity |
Does a district court's mischaracterization, during the plea colloquy, of an appeal waiver create an ambiguity that must be construed against the gove… |
| 20-6674 |
Tony Chevallier v. United States |
Fourth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
criminal-acts criminal-procedure drug-trafficking due-process judicial-discretion jury-conviction sentencing-factors sentencing-guidelines statutory-range uncharged-conduct |
When are trial judges prohibited from considering as sentencing factors criminal acts that a defendant was neither charged nor convicted of? |
| 20-6675 |
Augustine L. Cavitte v. Nebraska |
Nebraska |
2020-12-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-admissibility law-enforcement-conduct miranda-rights prosecutorial-misconduct self-defense self-incrimination voluntariness |
Did the lower courts err in finding Ms. Cavitte's statements admissible contrary to present Miranda standards? |
| 20-6677 |
In Re William Harold Wright, Jr. |
|
2020-12-21 |
Rehearing |
Response WaivedRelisted (2)IFP |
4th-amendment criminal-procedure due-process probable-cause search-and-seizure standing |
whether-the-district-court-erred-in-denying-the-defendant's-motion-to-suppress |
| 20-6679 |
Larry Dortley v. Florida |
Florida |
2020-12-21 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
civil-rights competency criminal-procedure drope-v-missouri due-process equal-protection fifth-amendment fourteenth-amendment mental-competency trial-rights |
Whether the Equal Protection and Due Process of Law Clauses of the Fifth and Fourteenth Amendments to the United States Constitution, and the United S… |
| 20-6680 |
Darryl Taylor v. Timothy E. Buchanan, Warden |
Sixth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process federal-law habeas-corpus ineffective-assistance jackson-v-virginia standard-of-review standing sufficiency-of-evidence |
Whether federal judges should safeguard the constitutional right to a full and fair opportunity for consideration in state courts |
| 20-6683 |
Reynaldo Diaz-Guzman v. United States |
Sixth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation criminal-procedure due-process evidence-suppression judicial-discretion jurisdiction prosecutorial-misconduct standing subject-matter-jurisdiction |
Whether the court of appeals erred and abused its discretion in rejecting the challenge to the indictment and argument for dismissal for lack of subje… |
| 20-6656 |
Jose Armando Bazan v. United States |
Fifth Circuit |
2020-12-18 |
Denied |
Response WaivedIFP |
criminal-procedure davis-v-united-states fifth-circuit plain-error role-adjustment sentencing |
Whether the Fifth Circuit erred in refusing to review an unpreserved factual argument for plain error |
| 20-6657 |
Ezer Rosembel Barrientos-Osorio v. United States |
Fifth Circuit |
2020-12-18 |
Denied |
Response WaivedIFP |
constitutes plain error affecting substantial rig for a defendant likely to be deported criminal-procedure deportation plain-error sentencing-guidelines substantial-rights supervised-release |
Where a district court commits plain error by failing to follow Section 5D1.1(c) of the United States Sentencing Guidelines by imposing, without expla… |
| 20-6659 |
Eddie Ashley v. California, et al. |
California |
2020-12-18 |
Denied |
Response WaivedIFP |
california-law california-supreme-court constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-discretion sentencing-enhancement sentencing-enhancements |
Does Petitioner had a Federal Due Process Right to the Prohibition of the Imposition of Two Different Sentencing Enhancements, per the California Supr… |
| 20-6660 |
Shusta Traverse Gumbs v. United States |
Eleventh Circuit |
2020-12-18 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-procedure deadly-weapon intent jury-instruction jury-instructions lesser-included-offense united-states-v-feola |
Whether the district court erred in giving only the first sentence of Mr. Gumbs' request to charge on use of a deadly weapon in light of the Circuit s… |
| 20-6661 |
Brian Keith Figge v. Scott Frauenheim, Warden |
Ninth Circuit |
2020-12-18 |
Denied |
IFP |
criminal-defendant criminal-procedure deliberation-process due-process judicial-misconduct juror-dismissal jury-deliberations jury-selection jury-trial sixth-amendment trial-by-jury |
Does a trial court violate a criminal defendant's Sixth Amendment right to trial by jury when it dismisses a defense holdout juror on the third day of… |
| 20-6662 |
Ian D. Goolsby v. United States |
Second Circuit |
2020-12-18 |
Denied |
Relisted (2)IFP |
specifically allowing review beyond the trial rec circuit-conflict criminal-procedure due-process element-of-offense jury-instruction plain-error-review presentence-report rehaif-v-united-states scope-of-review supreme-court-decision |
Whether plainerror-review-for-failure-to-instruct-on-an-element-of-the-offense-based-upon-an-intervening-U.S.-Supreme-Court-decision-allows-a-federal-… |
| 20-6663 |
Benjamin Justin Brownlee v. New York |
New York |
2020-12-18 |
Denied |
IFP |
brady-violation criminal-discovery criminal-procedure discovery due-process late-disclosure medical-evidence medical-records prosecutorial-misconduct trial-procedure |
Did the prosecution violate its duties under Brady v Maryland (373 US 83 [1963]) and its progeny by withholding the complainant's medical records unti… |
| 20-6643 |
Adrian McCray v. Scott Lewis, Warden, et al. |
Fourth Circuit |
2020-12-17 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct standing |
Whether the Petitioner's prosecution violated his due process rights |
| 20-6647 |
Douglas Charles Knicely v. United States |
Fourth Circuit |
2020-12-17 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure district-court fourth-circuit motion-to-suppress pretrial-motion search-and-seizure standard-of-review |
Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Appellants' pretrial motion to… |
| 20-6638 |
Raheem Jefferson Brennerman, aka Jefferson R. Brennerman, aka Ayodeji Soetan v. United States |
Second Circuit |
2020-12-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court |
Whether the abuse of discretion standard is Constitutionally impermissible where the trial court deprived a criminal defendant of his Constitutional r… |
| 20-6625 |
Shane Q. Whipple v. Michael Johnson, et al. |
Eleventh Circuit |
2020-12-15 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-claim criminal-procedure due-process federal-review habeas-corpus ineffective-assistance standing state-court statute-of-limitations |
Whether Marcth Morales Howard should be allowed to stop the prosecution of all defendants in claims? |
| 20-6628 |
Rodane Lamb v. United States |
Eleventh Circuit |
2020-12-15 |
Denied |
Response WaivedIFP |
conspiracy-charges criminal-procedure dea-testimony due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions jury-selection trial-errors |
Was counsel ineffective for not challenging issues |
| 20-6619 |
Pedro Carrasco, Jr., aka Pedro Carrasco v. United States |
Ninth Circuit |
2020-12-14 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment |
Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial … |
| 20-6620 |
Michael R. Spengler v. Los Angeles County District Attorney |
Ninth Circuit |
2020-12-14 |
Denied |
IFP |
civil-procedure collateral-estoppel criminal-procedure double-jeopardy due-process exhaustion-doctrine federal-review habeas-corpus jurisdiction state-remedies |
Whether federal habeas corpus under 28 U.S.C. § 2241 is available to criminal defendants challenging the legality of their confinement before exhausti… |
| 20-6621 |
Shauna Smith v. Brooks Benton, Warden |
Georgia |
2020-12-14 |
Denied |
IFP |
appellate-review cell-phone-records criminal-procedure evidence-suppression habeas-corpus ineffective-assistance-of-counsel phone-records trial-procedure |
Did the Eleventh Circuit err in deferring to the Superior Court's finding that Ms. Smith was not prejudiced by her appellate counsel's failure to rais… |
| 20-6608 |
Zachary Michael Patten v. Michigan |
Michigan |
2020-12-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insanity-defense investigation medication mental-health search-and-seizure |
Question not identified |
| 20-6610 |
Luis Sanabria-Robreno v. United States |
Third Circuit |
2020-12-11 |
Denied |
Relisted (2)IFP |
18-usc-922g constitutional-validity criminal-procedure due-process essential-elements firearm-possession guilty-plea plea-bargaining rehaif-v-united-states |
When defendants plead guilty, can a court treat a plea as constitutionally valid when it was entered without knowledge of an offense element? |
| 20-6615 |
Cornell McHenry v. Texas, et al. |
Fifth Circuit |
2020-12-11 |
Denied |
IFP |
conflict-of-interest constitutional-law criminal-procedure due-process evidence habeas-corpus ineffective-assistance judicial-discretion prosecutorial-misconduct standard-of-review witness-testimony |
Did the 11th Circuit err in deferring to the State Court finding that Mr. McHenry was not prejudiced by trial counsel's conflict of interest and failu… |
| 20-793 |
Samir Rafic Khoury v. United States |
Fifth Circuit |
2020-12-11 |
Denied |
Response Waived |
appellate-review criminal-defendant criminal-procedure indictment-dismissal mandamus mandamus-relief post-indictment-delay post-judgment-review prejudice speedy-trial |
Whether a Court of Appeals may review, on petition for a writ of mandamus, the denial of a criminal defendant's motion to dismiss the indictment on sp… |
| 20-6592 |
Edgar Gomez v. Raymond Madden, Warden |
Ninth Circuit |
2020-12-10 |
Denied |
IFP |
criminal-procedure criminal-proceeding due-process faretta-right habeas-corpus right-to-counsel self-representation sixth-amendment timeliness |
Was Petitioner denied his right to self-representation pursuant to Faretta v. California |
| 20-6598 |
Stephen Frederick Baker, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2020-12-10 |
Denied |
IFP |
civil-rights criminal-procedure discovery due-process effective-assistance-of-counsel equitable-tolling guilty-plea ineffective-assistance-of-counsel sixth-amendment |
Whether the petitioner is entitled to equitable tolling |
| 20-6599 |
Randy Dominguez v. United States |
Fifth Circuit |
2020-12-10 |
Denied |
IFP |
appeal circuit-split criminal-procedure good-faith in-forma-pauperis retained-counsel |
Whether a criminal defendant represented by retained counsel in the district court must show that his appeal is taken in good faith to proceed in form… |
| 20-6601 |
Savannah Sifuentes v. United States |
Fifth Circuit |
2020-12-10 |
Denied |
Relisted (2)IFP |
appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver |
Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits the a… |
| 20-6572 |
Deshawn Legrier v. United States |
Second Circuit |
2020-12-09 |
Denied |
Relisted (2)IFP |
appellate-review criminal-procedure evidence-consideration felon-in-possession judicial-proceedings jury-instructions plain-error-review rehaif-error rehaif-v-united-states sufficiency-of-evidence trial-record |
Whether an appellate court can consider evidence outside the trial record to conclude that a Rehaif-based error did not seriously affect the fairness,… |
| 20-6575 |
Ronald Jermaine Jackson v. United States |
Eighth Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction free-speech government-accountability indigenous-rights jurisdiction land-management standing tribal-sovereignty |
Is the Constitution of the United States of America, its Articles, and Amendments valid and legal under the Supreme Law of the Land? |
| 20-6580 |
Joseph W. Peeples, III v. United States |
Second Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
arrest civil-rights constitutional-rights criminal-procedure detention due-process evidence-admissibility fourth-amendment search-and-seizure travel warrantless-search |
Whether the Fourth and Fourteenth Amendments, along with the Federal Rules of Criminal Procedure, allow any person suspected of a crime to freely trav… |
| 20-6583 |
Edgar Espinoza v. United States |
Ninth Circuit |
2020-12-09 |
Denied |
Relisted (2)IFP |
constitutional-defect criminal-indictment criminal-procedure federal-jurisdiction fifth-amendment guilty-plea indictment jurisdiction mens-rea sixth-amendment |
Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea element of the offense |
| 20-6584 |
Richard Olive v. United States |
Sixth Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance plea-bargaining prejudice right-to-counsel sixth-amendment strickland-v-washington |
What do Missouri v. Frye and Lafler v. Cooper require to demonstrate prejudice from counsel's failure to advise on a plea offer? |
| 20-6585 |
Bernard Moore v. United States |
Eleventh Circuit |
2020-12-09 |
Dismissed |
IFP |
appellate-review circuit-split criminal-law criminal-procedure due-process felon-in-possession fifth-amendment jury-instructions rehaif-standard rehaif-v-united-states substantial-rights |
Whether courts of appeals may consider the entire record, including a presentence report, in determining if the defendant's substantial rights were af… |
| 20-6589 |
John Xavier Portillo, aka John Portillo v. United States |
Fifth Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
criminal-procedure critical-stage initial-appearance magistrate magistrate-hearing right-to-counsel sixth-amendment |
Whether the initial appearance before a Magistrate after the right to counsel has attached is a critical stage of the proceeding under the Sixth Amend… |
| 20-6590 |
Jimmy Pike v. United States |
Fifth Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
appellate-review clear-error conspiracy criminal-procedure drug-conspiracy methamphetamine mitigating-role sentencing-guidelines |
Whether the district court's denial of a mitigating role adjustment was clear error |
| 20-787 |
Preserve Responsible Shoreline Management, et al. v. City of Bainbridge Island, Washington, et al. |
Washington |
2020-12-09 |
Denied |
Amici (2)Response Waived |
14th-amendment administrative-law administrative-procedure constitutional-claims due-process evidence evidence-limitation fourteenth-amendment judicial-review standing |
Does it violate the Fourteenth Amendment's Due Process Clause for a state's judicial review statute to bar the introduction of evidence outside the ad… |
| 20-6565 |
Simon Quinn v. Louisiana |
Louisiana |
2020-12-08 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-intent criminal-investigation criminal-procedure homicide-investigation obstruction-of-justice reasonable-doubt specific-intent statutory-interpretation underlying-conviction |
Whether there was sufficient evidence to support a conviction for obstruction of a homicide investigation |
| 20-6566 |
Anilou Beltran Del Rio v. United States |
Fifth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6567 |
Kedrio Lekeis Summerville v. United States |
Fourth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-claim criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-withdrawal post-conviction-relief |
Was the post-conviction counsel ineffective? |
| 20-6568 |
Francisco Javier Gonzalez v. United States |
Fifth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
5th-circuit court-of-appeals criminal-procedure due-process legal-review procedural-question remand standard-of-review supreme-court united-states-v-penn |
Whether this Court should remand to the court below in light of United States v. Penn |
| 20-6548 |
Tamral Guzman v. United States |
Sixth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief |
Whether the district court deprived the defendant of her Sixth and Fourteenth Amendment rights by denying her ineffective assistance of counsel claim … |
| 20-6558 |
Sonya Bamberg v. Georgia |
Georgia |
2020-12-08 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence-suppression habeas-corpus judicial-procedure post-conviction-proceedings right-to-appeal right-to-counsel |
Whether a judge who did not preside over the trial may certify a supplemental record of testimony from witnesses eight years after a conviction when t… |
| 20-6559 |
Jesus Villarreal-Ramirez v. United States |
Fifth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6526 |
Kendesia Juinize May v. United States |
Fourth Circuit |
2020-12-07 |
Denied |
Response WaivedIFP |
buy-sell-defense buy-sell-transactions conspiracy conspiracy-law criminal-procedure judgment-of-acquittal jury-instruction jury-instructions plain-error rule-29 |
Whether the trial court committed plain error in refusing to grant a 'buy-sell' defense jury instruction |
| 20-6545 |
Michael Meadows v. United States |
Sixth Circuit |
2020-12-07 |
Denied |
Response WaivedIFP |
criminal-procedure cumulative-error-doctrine drug-enforcement drug-profile-testimony due-process evidence expert-testimony judicial-procedure legal-admissibility trial-evidence trial-practice |
Does drug profile testimony have any legitimate use as trial evidence? |
| 20-6551 |
Andy Williams v. United States |
Second Circuit |
2020-12-07 |
Denied |
Relisted (2)IFP |
constitutional-law criminal-procedure fourth-amendment inventory-search probable-cause reasonable-suspicion rehaif-v-united-states warrantless-search |
Was the second warrantless search of the car -which followed the completed inventory search and was prompted by an officer's later-developed suspicion… |
| 20-6554 |
Jeffrey Fay Pike v. United States |
Fifth Circuit |
2020-12-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial impartial-jury jury-anonymity jury-selection presumption-of-innocence sixth-amendment |
Whether cloaking jurors in anonymity impermissibly impairs the presumption of innocence and the right of the accused to an impartial jury |
| 20-775 |
Clifford Williams v. Louisiana |
Louisiana |
2020-12-07 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process evidence-admissibility fifth-amendment fourteenth-amendment right-to-present-defense self-defense sixth-amendment |
Whether a state court's arbitrary decision to deny a defendant the ability to present his self-defense case amounts to a denial of the fundamental con… |
| 20-776 |
Gregory Williams v. Leonta Jackson, Warden |
Seventh Circuit |
2020-12-07 |
Denied |
Response Waived |
criminal-defendant criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-exposure strickland-standard strickland-test |
When a criminal defendant is considering whether to accept a plea offer, is defense counsel's failure to advise the defendant of his or her sentencing… |
| 20-6517 |
Elvis Basic v. United States |
Eighth Circuit |
2020-12-04 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure drug-quantity federal-sentencing judicial-discretion sentencing sentencing-guidelines standard-of-review |
Whether a federal district court must use the 'err on the side of caution' principle when approximating the drug quantity? |
| 20-6511 |
Jose Antonio Lugo-Guerrero, aka Antonio Moraima, aka Fernando Rivera-Rodriguez, aka Alex v. United States |
First Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-review plea-bargaining sentencing sixth-amendment |
Whether this Court should grant this petition because the First Circuit's judgment affirming the district court's judgment violates Mr. Lugo-Guerrero'… |
| 20-6512 |
Davey Lewis v. Florida |
Florida |
2020-12-03 |
Denied |
IFP |
confession-suppression confessions constitutional-rights criminal-procedure due-process exclusionary-rule interrogation-tactics law-enforcement miranda-rights police-interrogation |
Can the State Courts allow the Police to use promises, inducements, deceit and trickery when obtaining a Confession and then not Suppress the Confessi… |
| 20-6516 |
Eric Dynell McGadney v. United States |
Eleventh Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure eleventh-circuit judicial-discretion molina-martinez per-se-rule prejudice prejudicial-error sentencing-error sentencing-framework sentencing-guidelines |
Whether a sentencing court's statement that it would have imposed the same sentence regardless of the Guidelines creates a per se rule that a miscalcu… |
| 20-6519 |
Julian Mondragon-Hernandez, aka David Rojas, et al. v. United States |
Ninth Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
alternative-elements conviction criminal-procedure factual-findings judicial-fact-finding judicial-review jury-instructions jury-verdict mandatory-minimum-sentences mandatory-minimums sentencing sufficiency-of-evidence |
When a jury verdict allows for alternative elements of conviction, may courts review the evidence and make factual findings to uphold the conviction a… |
| 20-6521 |
Hector Valdez v. United States |
First Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review criminal-procedure first-step-act retroactivity sentencing statutory-interpretation waiver-of-rights |
Whether a defendant's pre-First Step Act waiver of appeal rights applies to claims based on the First Step Act's passage |
| 20-6524 |
Joshua D. Myers v. Georgia |
Georgia |
2020-12-03 |
Denied |
IFP |
burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure |
Whether the State proved the essential element of 'without the consent' beyond a reasonable doubt |
| 20-6527 |
Byron Brown v. United States |
Seventh Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
appellate-review bivens civil-rights criminal-procedure damages due-process federal-government legal-interpretation seventh-circuit writ-of-certiorari |
Whether the Seventh Circuit erred in affirming the district court's dismissal of petitioner's civil rights claims against the United States government… |
| 20-6529 |
Wesley Wayne Wakeford v. United States |
Fifth Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
2d1.1(b)(5) circuit-split criminal-law criminal-procedure drug-offense drug-offenses methamphetamine-importation sentencing-guidelines statutory-interpretation |
Whether the Sentencing Guidelines section 2D1.1(b)(5) 'offense that involved the importation' of methamphetamine should be interpreted to include cert… |
| 20-6496 |
Michael Alford v. United States |
Eleventh Circuit |
2020-12-02 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process evidentiary-hearing expert-services expert-witness forensic-evidence ineffective-assistance-of-counsel legal-assistance motion-of-innocence pro-se-litigant right-to-counsel |
Whether the court erred in refusing to order legal assistance and forensic software expert assistance to obtain and submit factual evidence |
| 20-6483 |
Adrien John Matuck v. United States |
Ninth Circuit |
2020-12-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-proportionality criminal-procedure due-process eighth-amendment ineffective-assistance-of-counsel juvenile-sentencing life-without-parole sentencing-discretion speedy-trial statute-of-limitations |
Did District Court violate Matuck's Due Process right when it held a trial over seven years after his arrest? |
| 20-6487 |
Andrew Johnston v. United States |
Seventh Circuit |
2020-12-01 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdictional-challenge sentencing suppression-of-evidence |
Question not identified |
| 20-6492 |
Calvin James v. United States |
Eleventh Circuit |
2020-12-01 |
Denied |
IFP |
administrative-law civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction firearms government-power interstate-commerce sentencing statutory-interpretation |
Whether the government is improperly denying a defendant's right to a pre-attachment hearing under the 5th Amendment |
| 20-6494 |
Jose Andres Vera-Gutierrez v. United States |
Eighth Circuit |
2020-12-01 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure due-process evidence evidentiary-error harmless-error witness-credibility |
Whether erroneously admitted evidence critical to proving an element of the charged offense can be deemed harmless based on the appellate court's dete… |
| 20-752 |
Gavin B. Davis v. California |
California |
2020-12-01 |
Denied |
Relisted (2) |
appeal appellate-review civil-rights criminal-procedure due-process judicial-discretion plea-bargaining plea-withdrawal sentencing totality-of-circumstances |
Did the 4% Dist., Div. 1, Court of Appeal, California, err in its inquiry and application of Boykin-Tahl analysis under its 'totality of circumstances… |
| 20-6468 |
Kinzey Shaw v. United States |
Eighth Circuit |
2020-11-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure drug-quantity evidence sentencing standard-of-review |
Whether there was sufficient foundation to support the District Court's drug quantity approximation? |
| 20-6474 |
Pedro Fermin Barajas v. United States |
Fifth Circuit |
2020-11-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-6479 |
Genaro Garcia v. Indiana |
Indiana |
2020-11-30 |
Denied |
Response WaivedIFP |
14th-amendment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel post-conviction post-conviction-petition prosecutorial-misconduct |
Whether a State Appellate Court's unexplained failure to allow a petitioner to file a successive petition for last-ditch chronological relief under Ru… |
| 20-6459 |
David Lee Garrett v. United States |
Fifth Circuit |
2020-11-27 |
GVR |
Relisted (2)IFP |
18-usc-924(e) civil-rights criminal-law criminal-procedure federal-criminal-procedure sentencing-enhancement simple-robbery statutory-interpretation texas-criminal-code texas-offense violent-felony |
Whether the Texas offense of simple robbery constitutes a 'violent felony' under 18 U.S.C. §924(e)? |
| 20-6460 |
Reginald Hollie v. United States |
Eleventh Circuit |
2020-11-27 |
Denied |
Relisted (2)IFP |
armed-career-criminal-act commerce-clause conviction criminal-conviction criminal-procedure drug-offense interstate-commerce jury-trial plain-error-review rehaif-v-united-states sentencing-enhancement |
Whether courts of appeals may rely on information not proven to the jury to affirm a conviction on plain-error review |
| 20-6463 |
Alex Murillo v. United States |
Fifth Circuit |
2020-11-27 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure criminal-sentencing due-process fifth-circuit judicial-precedent legal-challenge statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6465 |
Damontaze Montrell Tillery v. United States |
Fourth Circuit |
2020-11-27 |
Denied |
Response WaivedIFP |
convicted-felon criminal-evidence criminal-procedure drug-trafficking due-process firearm-possession motion-for-acquittal sentencing sentencing-guidelines sufficiency-of-evidence |
Whether the evidence at trial was sufficient to convict Petitioner |
| 20-6466 |
Louis Anthony Jackson v. United States |
Fourth Circuit |
2020-11-27 |
Denied |
IFP |
924(c) 924(c)-sentence certificate-of-appealability crime-of-violence criminal-procedure davis-decision due-process hobbs-act-robbery residual-clause sentencing |
Whether a certificate of appealability should have been granted |
| 20-736 |
Adam Frasch v. Florida |
Florida |
2020-11-27 |
Denied |
Response Waived |
appeals brady-v-maryland brady-violation criminal-defendant criminal-procedure discovery due-process evidence evidence-disclosure evidentiary-hearing prosecutorial-misconduct |
Whether a criminal defendant is entitled to an evidentiary hearing to determine if a violation has occurred pursuant to Brady v. Maryland, 373 U.S. 83… |
| 20-719 |
Don Arthur Webster, Jr. v. United States District Court for the District of Alaska |
Ninth Circuit |
2020-11-25 |
Denied |
|
civil-rights constitutional-violation criminal-law criminal-procedure due-process international-treaty judicial-bias marginalized-communities marginalized-populations racial-discrimination treaty-interpretation |
Does racial bias disproportionately affect the federal courts' treatment of marginalized people of color, when addressing the international treaty asp… |
| 20-6433 |
Byron Jones v. United States |
Fifth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
assault-with-dangerous-weapon criminal-procedure drug-conspiracy evidence-admission fifth-circuit-court jury-instructions murder-in-aid-of-racketeering pattern-of-racketeering rico-conspiracy rico-enterprise witness-intimidation |
Did the Fifth Circuit Court of Appeals err in finding Byron Jones guilty of a RICO conspiracy? |
| 20-6435 |
Christopher Jones v. United States |
Fifth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
aggregate-sentencing constitutional-law criminal-procedure criminal-sentencing due-process federal-appeals federal-courts judicial-precedent north-carolina-pearce north-carolina-v-pearce sentencing-doctrine |
Whether the aggregate sentencing doctrine violates the rule in North Carolina v. Pearce |
| 20-6440 |
Benjamin K. Toscano v. Nancy Adam, et al. |
Ninth Circuit |
2020-11-25 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights due-process evidence evidence-suppression judicial-misconduct legal-fabrication medical-negligence medical-treatment pain-and-suffering procedural-due-process spinal-injury |
Does respondent have the right to submit fabricated documents? |
| 20-6452 |
Michael Deshawn Homer v. United States |
Fifth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu case-remand certiorari constitutional-law criminal-procedure due-process fifth-circuit sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 20-6453 |
Marcos Alejandro Gonzalez Flores v. United States |
Ninth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination due-process fourth-amendment search-and-seizure suppression-hearing suppression-motion witness-testimony |
Whether the Sixth Amendment's Confrontation Clause, the Fifth Amendment's Due Process Clause, or some other authority guarantees a criminal defendant … |
| 20-6457 |
Phillip Watkins v. United States |
Sixth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
appellate-procedure civil-rights constitutional-rights criminal-procedure due-process hybrid-representation pro-se right-to-counsel sixth-circuit standing supplemental-brief |
Whether the appellate court erred in denying the appellant's motion to dismiss court-appointed counsel and allow him to submit pro se supplemental bri… |
| 20-6409 |
Hugo Humberto Perez Rangel v. United States |
Fifth Circuit |
2020-11-24 |
Denied |
IFP |
advisory-opinions appellate-review criminal-procedure federal-sentencing guideline-error harmless-error incentive-to-object judicial-discretion sentencing sentencing-discretion sentencing-guidelines |
Whether Guideline error is necessarily harmless if the district court is presented with the Guideline range later vindicated on appeal and disclaims a… |
| 20-6411 |
Miguel A. Ramirez v. California |
California |
2020-11-24 |
Denied |
IFP |
civil-rights criminal-conviction criminal-procedure cumulative-error defendant-rights due-process evidence-admissibility jury-instructions prejudicial-error sexual-abuse |
Whether the trial court's instructions on continuous sexual abuse were prejudicial |
| 20-6412 |
Robert St. Hilaire v. United States |
Second Circuit |
2020-11-24 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure criminal-sentencing firearm-possession sentencing-guidelines serial-number serial-number-alteration statutory-interpretation |
Whether the Second Circuit properly construed the meaning of U.S.S.G. § 2K2.1(b)(4)(B) |
| 20-6426 |
Jose Farias-Valdovinos v. United States |
Eighth Circuit |
2020-11-24 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure factual-basis mens-rea plea-bargaining plea-colloquy rule-11 specific-intent specific-intent-crime |
Whether the district court's omission of an independent inquiry into a defendant's mens rea during the Rule 11 plea colloquy for a specific intent cri… |
| 20-714 |
Stephen A. Saccoccia v. United States, et al. |
First Circuit |
2020-11-24 |
Denied |
Response Waived |
appellate-review criminal-forfeiture criminal-procedure due-process forfeiture-law gross-disproportionality joint-and-several-liability joint-liability statutory-interpretation supreme-court-precedent |
Whether the courts of appeal may create exceptions to this Court's finding in Honeycutt v. United States |
| 20-715 |
Jibriil A. Hersi v. Ed Sheldon, Warden |
Sixth Circuit |
2020-11-24 |
Denied |
Response Waived |
criminal-procedure due-process evidence jury-authorization jury-trial police-conduct police-misconduct prosecutorial-discretion right-to-counsel trial-records |
whether-i-am-entitled-to-get-the-missing-records |
| 20-718 |
Mario Nelson Reyes-Romero v. United States |
Third Circuit |
2020-11-24 |
Denied |
|
attorney-fees civil-rights criminal-procedure eaja equal-access-to-justice-act government-misconduct hyde-amendment standing united-states-position |
Does the Hyde Amendment inquiry into whether 'the position of the United States was vexatious, frivolous, or in bad faith' encompass actions of non-pr… |
| 20-6404 |
Henry T. Liggins v. Bob Vashaw, Warden |
Sixth Circuit |
2020-11-23 |
Denied |
Relisted (2)IFP |
appellate-procedure civil-rights constitutional-rights criminal-procedure due-process evidence fourth-amendment ineffective-assistance-of-counsel judicial-review legal-standing statutory-interpretation |
Whether the petitioner's constitutional rights were violated due to the alleged misconduct of the court and prosecution during his criminal trial |
| 20-6405 |
Joshua Cato v. United States |
Fifth Circuit |
2020-11-23 |
Denied |
Response WaivedIFP |
controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation |
Whether, under McFadden v. United States, a defendant who pleads guilty to knowingly distributing a controlled substance must admit that he knew the s… |
| 20-6408 |
Jose Hilario Fernandez-Vargas v. United States |
Fifth Circuit |
2020-11-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6394 |
Michael A. Hagar v. United States |
Sixth Circuit |
2020-11-20 |
Denied |
Response WaivedIFP |
constitutional-judicial-power criminal-procedure district-court-jurisdiction due-process jurisdiction protective-order sixth-amendment speedy-trial-act venue venue-limitations |
Question not identified |
| 20-6396 |
Michael John Bever v. Oklahoma |
Oklahoma |
2020-11-20 |
Denied |
IFP |
consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment |
Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review |
| 20-6397 |
Douglas Cornejo v. Christian Pfeiffer, Warden |
Ninth Circuit |
2020-11-20 |
Denied |
Response WaivedIFP |
brady-disclosure brady-evidence confrontation-clause criminal-procedure cross-examination due-process preliminary-hearing prosecutorial-misconduct right-to-present-defense witness-testimony |
Should a COA Have Been Granted to Decide If the Prosecutor's Failure to Disclose Brady Evidence Deprived Cornejo of His Right to Confront and Cross-Ex… |
| 20-6401 |
In Re Gregory Richardson |
|
2020-11-20 |
Dismissed |
IFP |
civil-rights constitutional-rights criminal-appeal criminal-procedure defendant-rights due-process habeas-corpus ineffective-assistance-of-counsel legal-procedure lower-court-decision standing supreme-court-review |
Whether the Virginia Supreme Court erred in denying the petitioner's request for a delayed appeal |
| 20-6380 |
China Hester v. United States |
Sixth Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
certiorari counsel criminal-procedure district-court due-process habeas-corpus ineffective-assistance legal-proceeding remand reversal-and-remand right-to-counsel standards-of-review |
Whether Ms. Hester may have received ineffective-assistance-of-counsel |
| 20-6381 |
Domenico Anastasio v. United States |
Second Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-conviction criminal-procedure district-court indictment rico-conspiracy second-circuit standard-of-review sufficiency-of-evidence |
Whether the United States Court of Appeals for the Second Circuit erred by affirming the judgment of conviction and sentence pronounced by the United … |
| 20-6382 |
Randall Allen Eplion, Jr. v. United States |
Fourth Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review criminal-procedure due-process federal-criminal-practice plea-agreement sentencing standing waiver |
Whether a provision in a plea agreement which bars the defendant from appealing 'the right to seek appellate review of . . . any sentence of imprisonm… |
| 20-6384 |
Owen McCants v. Steven Silva |
First Circuit |
2020-11-19 |
Denied |
IFP |
abuse-of-discretion appeals criminal-procedure due-process evidence-sufficiency federal-law-violation ineffective-counsel judicial-discretion judicial-review pretrial-procedure prosecutorial-misconduct standard-of-review |
Whether the trial court, appeals court, and Supreme Judicial Court abused their discretion? |
| 20-6385 |
Jason D. Devers v. Nebraska |
Nebraska |
2020-11-19 |
Denied |
Relisted (2)IFP |
constitutional-claims conviction-of-sole-participant criminal-procedure due-process felony-murder habeas-corpus ineffective-assistance pinkerton-doctrine post-conviction-relief state-court-review sufficiency-of-evidence trial-attorney-affidavit |
Did the State of Nebraska commit error when it convicted the defendant of felony murder using the Pinkerton doctrine when there is no principal and th… |
| 20-6387 |
Darrin B. Woodard v. United States |
Tenth Circuit |
2020-11-19 |
Denied |
Amici (1)Relisted (7)IFP |
constitutional-rights criminal-procedure due-process government-justification pre-indictment-delay preindictment-delay prejudice prosecutorial-discretion prosecutorial-misconduct tenth-circuit-standard |
Whether, as many courts have held, allowing a prosecution to continue after lengthy and demonstrably prejudicial delay in filing criminal charges offe… |
| 20-6388 |
Joel Latrent Fletcher v. United States |
Fifth Circuit |
2020-11-19 |
Denied |
Relisted (2)IFP |
appellate-review circuit-split criminal-law criminal-procedure plain-error rehaif-standard rehaif-v-united-states statutory-interpretation |
Whether this Court should grant review to resolve a split between the circuits courts' determination of whether error under Rehaif v. United States, 1… |
| 20-6389 |
Tomas Martinez-Rodriguez v. United States |
Fifth Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6366 |
James W. Riley v. Delaware |
Delaware |
2020-11-18 |
Dismissed |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel right-to-self-representation |
Whether the Delnusace Supceme Court's rule that alu lnoligent defendanct must accept his teal counsel's decision to plea coutty to ficst degcee capita… |
| 20-6367 |
Kissinger St. Fleur v. United States |
Eleventh Circuit |
2020-11-18 |
Denied |
IFP |
appellate-review buyer-seller-transaction cocaine-distribution conspiracy criminal-conspiracy criminal-procedure drug-crimes due-process fair-trial judicial-discretion jury-instruction jury-instructions |
Did the district court and the Eleventh Circuit deny Mr. St. Fleur a fair trial when it failed to give buyer-seller instructions to the jury? |
| 20-6373 |
Cordarrius Bonds v. United States |
Sixth Circuit |
2020-11-18 |
Denied |
Relisted (2)IFP |
criminal-procedure felon-in-possession firearm-possession knowledge-of-status plain-error plea-bargaining sixth-amendment sixth-circuit-precedent structural-error |
Whether a defendant who pled guilty to being a felon in possession of a firearm is entitled to automatic plain-error reversal when the plea was neithe… |
| 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 |
Whether the right to insist on a speedy trial is a choice that falls within the category of a criminal defendant's right to make his own choices about… |
| 20-6346 |
Demarcus D. Morris v. United States |
Fifth Circuit |
2020-11-17 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure criminal-sentencing double-jeopardy drug-conspiracy due-process fifth-amendment indictment-vagueness rico rico-statute sentencing |
Whether the RICO and drug conspiracy counts in the indictment are unconstitutionally vague, whether the evidence supports the crack cocaine distributi… |
| 20-6347 |
Christopher Mikelinich v. United States |
Second Circuit |
2020-11-17 |
Denied |
Relisted (2)IFP |
criminal-law criminal-procedure due-process felony-possession knowing-plea mens-rea plain-error plea-agreement plea-bargaining rehaif-v-united-states sentencing-elements |
Where a defendant claims his plea was not knowing and intelligent because he was unaware of all the elements of the offense, does it matter whether he… |
| 20-6348 |
William J. O'Brien, III v. United States |
Third Circuit |
2020-11-17 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation criminal-procedure due-process free-speech law-enforcement procedural-error prosecution standing takings |
Whether the government's prosecution for a speech act violated the First Amendment's free speech protections |
| 20-6352 |
G. N. W. v. New Jersey |
New Jersey |
2020-11-17 |
Denied |
IFP |
criminal-procedure due-process prejudice prosecutorial-misconduct right-to-counsel speedy-trial |
Whether reasons for delay are relevant to both sides |
| 20-6356 |
Ryan Dennis v. United States |
Fifth Circuit |
2020-11-17 |
Denied |
IFP |
acca criminal-law criminal-procedure due-process habeas-corpus physical-force reckless-injury residual-clause sentencing sentencing-guidelines subject-matter-jurisdiction |
Whether an offense that can be committed by recklessly causing serious injury has 'the use of physical force against the person of another' as an elem… |
| 20-6361 |
Robert L. Davis v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-11-17 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-review standing weight-of-evidence |
Whether the weight of the evidence supports the defendant-petitioner's claim that counsel lied about a material issue, resulting in ineffective assist… |
| 20-6326 |
Adam Donald Bennett v. United States |
Fifth Circuit |
2020-11-16 |
Denied |
Response WaivedIFP |
18-usc-2251 child-exposure criminal-procedure criminal-sentencing deferred-adjudication prior-conviction sentencing-enhancement sexual-abuse statutory-interpretation texas-law |
Is a Texas deferred adjudication a 'prior conviction' for purposes of the sentencing enhancement in 18 U.S.C. § 2251(e)? |
| 20-6327 |
Terry Charles Carroll v. United States |
Fifth Circuit |
2020-11-16 |
Denied |
Response WaivedIFP |
criminal-procedure fifth-circuit plea-bargaining standard-of-review supervisory-powers supreme-court |
Whether the standard of review on a motion to withdraw a guilty plea conflicts with Supreme Court precedent |
| 20-6332 |
Cecil Salyers v. Kentucky |
Kentucky |
2020-11-16 |
Denied |
Response WaivedIFP |
concurrent-sentences consecutive-sentences constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice sentencing-prejudice sixth-amendment strickland strickland-standard |
Whether the Kentucky Court of Appeals correctly interpreted the Sixth Amendment in holding the petitioner cannot demonstrate prejudice under Stricklan… |
| 20-6336 |
Eric Troy Snell v. United States |
Fourth Circuit |
2020-11-16 |
Denied |
IFP |
appellate-review criminal-procedure criminal-sentencing fourth-circuit gall-standard gall-v-united-states harmless-error harmlessness-standard sentencing-guidelines |
Does the Fourth Circuit's practice of not addressing erroneous Sentencing Guidelines calculations but affirming a sentence under 'assumed error harmle… |
| 20-6341 |
Jason Harriman v. United States |
Eighth Circuit |
2020-11-16 |
Denied |
Response WaivedIFP |
adequate-inquiry appointed-counsel appointment-of-counsel civil-rights court-inquiry criminal-procedure due-process indigent-defendant legal-representation right-to-counsel sixth-amendment |
Whether a defendant's 6th Amendment right to counsel of choice extends to an indigent defendant who has appointed counsel |
| 20-6342 |
Pedro Gutierrez v. United States |
Fourth Circuit |
2020-11-16 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure due-process evidence fifth-amendment general-verdict judgment-of-acquittal rico rico-case special-verdict |
Whether a RICO 'Gang' Case Certified as Complex Should Require the Use of a Special Verdict Form Rather Than a General Verdict Form |
| 20-6343 |
Ashley Fernandes v. Massachusetts |
Massachusetts |
2020-11-16 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure digital-devices digital-search-warrant electronic-evidence evidence fourth-amendment general-warrants probable-cause search-and-seizure search-warrant |
Whether a search warrant can authorize an unlimited search of all of a suspect's digital devices based on an affidavit describing the type of crime be… |
| 20-6296 |
David Lague v. United States |
Ninth Circuit |
2020-11-13 |
Denied |
IFP |
burden-of-proof civil-procedure evidence evidence-admissibility intent prior-acts rule-404(b) rule-404b statistical-comparison statistics unlawful-acts unlawful-intent |
Whether data about a defendant's other acts are admissible under Rule 404(b) to show unlawful intent based only on comparisons or statistics, without … |
| 20-6301 |
Alfornia Jason Wall, Jr. v. United States |
Fourth Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
consecutive-sentences criminal-procedure double-jeopardy due-process federal-law federal-state-interaction recidivism sentencing-enhancement state-law |
Whether the consecutive imposition of a federal and state recidivism-enhanced sentence violates the Double Jeopardy Clause |
| 20-6304 |
Muhanad Mahmoud Al-Farekh v. United States |
Second Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
classified-information classified-information-procedures-act criminal-procedure discovery discovery-rights due-process ex-parte ex-parte-motion national-security right-to-present-defense security-clearances |
Where the plain text of 18 U.S.C. app. 3 §4 of the Classified Information Procedures Act (CIPA) does not require that any motion be determined ex part… |
| 20-6305 |
Roosevelt Leon Cooper v. United States |
Eleventh Circuit |
2020-11-13 |
Denied |
Relisted (2)IFP |
criminal-law criminal-procedure due-process felon-in-possession firearm-statute guilty-plea plain-error sentencing sentencing-error |
Whether a defendant who pleaded guilty to possessing a firearm as a felon is automatically entitled to plain error relief if the district court did no… |
| 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 |
Whether appointed counsel was ineffective for failure to file viable motion to suppress pursuant to Fourth Amendment claim |
| 20-6313 |
Kevin Merritt v. United States |
Fifth Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process judicial-review presentence-report procedural-objection sentencing sentencing-unreasonableness |
whether-holguin-hernandez-v-united-states-is-relevant-to-preserving-claims-of-procedural-unreasonableness |
| 20-6315 |
Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-11-13 |
Denied |
IFP |
criminal-charges criminal-procedure double-jeopardy due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause sixth-amendment victim-testimony witness-testimony |
Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to trial counsel's conduct involving dishonesty tha… |
| 20-6323 |
Lamont Andre Thomas v. United States |
Fourth Circuit |
2020-11-13 |
Denied |
IFP |
civil-rights criminal-procedure due-process federal-jurisdiction jurisdiction prosecutorial-discretion sentencing statutory-interpretation united-states-code |
Whether the district court had jurisdiction to hear the government's motion under 18 U.S.C. section 924(c) |
| 20-659 |
Larry Thompson v. Pagiel Clark, et al. |
Second Circuit |
2020-11-13 |
Judgment Issued |
Amici (17)Response RequestedResponse WaivedRelisted (3) |
circuit-split civil-procedure civil-rights criminal-procedure due-process exigent-circumstances favorable-termination fourth-amendment section-1983 standing warrantless-entry |
Whether the rule that a plaintiff must await favorable termination before bringing a Section 1983 action alleging unreasonable seizure pursuant to leg… |
| 20-6281 |
Kevin Lamar Ratliff v. United States |
Eleventh Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
amendment-782 career-offender criminal-law criminal-procedure discretion federal-sentencing federal-sentencing-guidelines guideline-amendment judicial-discretion sentencing sentencing-guidelines |
Whether the Lower Courts have discretion to reduce Petitioner's sentence under U.S.S. Guideline Amendment 782, regardless of Petitioner's career offen… |
| 20-6282 |
Darius Tirrell Thomas v. United States |
Sixth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure criminal-sentencing due-process federal-sentencing judicial-discretion sentencing-guidelines sixth-circuit statutory-interpretation u.s.-code |
Whether the Trial Court Erred in Finding the Defendant to Be a 'Career Offender' and Sentencing Him Accordingly |
| 20-6283 |
Robert Brownlee v. Mark Capozza, Superintendent, State Correctional Institution at Fayette |
Third Circuit |
2020-11-12 |
Denied |
Response WaivedRelisted (2)IFP |
amendment constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining statutory-interpretation |
Whether trial counsel was constitutionally ineffective |
| 20-6285 |
Brittany Shanice Williams v. United States |
Fifth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6288 |
Allen Snyder v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
court-procedure criminal-procedure due-process ineffective-assistance-of-counsel judicial-error legal-review post-conviction-relief pro-se-litigant pro-se-litigation victim-identification |
Whether the lower courts erred in denying Snyder's application for post-conviction relief based on an apparent confusion about the identity of the vic… |
| 20-6291 |
Christopher Stacy v. United States |
Eleventh Circuit |
2020-11-12 |
Denied |
Relisted (2)IFP |
criminal-law criminal-procedure felon-in-possession firearm-statute guilty-plea mens-rea plain-error plea-bargaining sentencing sentencing-guidelines |
Whether a defendant who pleaded guilty to possessing a firearm as a felon is automatically entitled to plain error relief if the district court did no… |
| 20-6292 |
Alonte Deshavion Richey v. United States |
Fifth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6293 |
Raymond Alan Griffin v. United States |
Fourth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process evidentiary-hearing federal-law findings-of-fact motion-to-suppress threshold-determination |
May a district court make findings of fact resolving contested issues in determining that the threshold for holding an evidentiary hearing on a defend… |
| 20-6298 |
Carlton Butler v. United States |
Eleventh Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federal-jurisdiction habeas-corpus sentencing |
Does the SCOTUS have authority to release a federal inmate's lawful sentence imposed on him as part of a criminal conviction? |
| 20-646 |
Michael Tyler Baggott v. Florida |
Florida |
2020-11-12 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice sex-offender-registration |
Whether the reasoning of Lee v. United States extends to defendants facing lifelong sex offender registration conditions |
| 20-6262 |
Daniel Twian Brown v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-11-10 |
Denied |
IFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment ineffective-counsel warrantless-arrest |
Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability |
| 20-6267 |
In Re Graham Schiff |
|
2020-11-10 |
Denied |
IFP |
bad-faith civil-rights constitutional-rights constitutional-violations criminal-defendant criminal-procedure due-process federal-intervention post-conviction-relief state-criminal-proceedings state-officials |
Whether federal intervention in a state criminal proceeding is appropriate given the petitioner's showing of 'bad faith and harassment by state offici… |
| 20-630 |
Benjamin Scott Brewer v. Tennessee |
Tennessee |
2020-11-10 |
Denied |
Response Waived |
brady-v-maryland brady-violation criminal-procedure due-process evidence-tampering exculpatory-evidence forensic-evidence material-evidence state-misconduct |
Whether this Court's ruling in Brady v. Maryland, 373 U.S. 83 (1963) and its progeny entitle a defendant to the knowledge, before trial, that a state … |
| 20-633 |
Byron David Smith v. Jeff Titus, Warden |
Eighth Circuit |
2020-11-10 |
Denied |
Response RequestedResponse WaivedRelisted (5) |
aedpa antiterrorism-act criminal-procedure criminal-trial due-process habeas-corpus public-trial sixth-amendment |
Whether the Sixth Amendment's public trial guarantee, within the AEDPA, applies to all phases of a criminal trial or only to pretrial suppression hear… |
| 20-637 |
Darrell Hemphill v. New York |
New York |
2020-11-10 |
Judgment Issued |
Amici (14)Response RequestedResponse WaivedRelisted (3) |
confrontation-clause constitutional-rights criminal-procedure evidence evidence-law hearsay-exception right-to-confrontation testimonial-hearsay trial-strategy |
Whether, or under what circumstances, a criminal defendant who opens the door to responsive evidence also forfeits his right to exclude evidence other… |
| 20-6253 |
Sealed Appellant v. Sealed Appellee |
Fifth Circuit |
2020-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-4142 civil-rights criminal-procedure custody due-process federal-detention judicial-order mental-competency statutory-custody |
Whether continued custody under 18 U.S.C. § 4142 for almost four months beyond the expiration of an order to determine mental competency violates the … |
| 20-6254 |
Roberto Yoquigua Lopez v. United States |
Ninth Circuit |
2020-11-09 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment confidentiality criminal-procedure defendant-rights due-process duress-defense fair-trial fifth-amendment pre-trial-disclosure sixth-amendment testimonial-confidentiality |
Whether and to what extent the Fifth and Sixth Amendments permit a defendant to keep all of the details of his duress confidential before trial, or wh… |
| 20-6255 |
John Dubor v. United States |
Fifth Circuit |
2020-11-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-circuit-review loss-calculation medicare-fraud restitution restitution-award sentencing-guidelines |
Did the Fifth Circuit's cursory review of the district court's record lead to an illegal, unreasonable sentence |
| 20-6257 |
Finnis Davis, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-11-09 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel medical-records murder-evidence |
Whether the state presented sufficient evidence to convict Mr. Davis of attempted capital murder |
| 20-6259 |
Angela de Jesus-Concepcion v. United States |
Third Circuit |
2020-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misrepresentation sentencing sixth-amendment |
Whether Petitioner's Sixth Amendment right to the effective assistance of counsel was impermissibly violated |
| 20-6243 |
Okeiba Sadio v. United States |
Second Circuit |
2020-11-06 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights covered-offense criminal-procedure drug-distribution due-process first-step-act sentencing sentencing-reduction sixth-amendment statutory-penalties |
Whether the Second Circuit Court of Appeals erred in dismissing Mr. Sadio's constitutional right to due process, when clearly Mr. Sadio is eligible fo… |
| 20-6250 |
Kyle A. Box v. New York |
New York |
2020-11-06 |
Denied |
Response WaivedIFP |
14th-amendment brady-violation criminal-procedure due-process equal-protection exculpatory-evidence prosecutorial-misconduct |
Whether the prosecution's failure to disclose evidence favorable to the defense violates due process |
| 20-6251 |
Timothy Tyrone Byers, Jr. v. United States |
Fourth Circuit |
2020-11-06 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process federal-courts federal-review judicial-power standing state-court-jurisdiction supreme-court-jurisdiction territorial-jurisdiction united-states |
Whether the prosecution must always prove territorial jurisdiction over a crime in order to sustain a conviction? |
| 20-6212 |
Carlos Miguel Perez v. United States |
Eleventh Circuit |
2020-11-05 |
Denied |
Relisted (2)IFP |
18-usc-924 circuit-split criminal-procedure felon-in-possession plain-error-review rehaif-standard rehaif-v-united-states statutory-interpretation |
Whether a defendant's conviction for felon-in-possession can be affirmed despite failure to prove knowledge of prohibited status |
| 20-6213 |
J. Santos Mondragon-Benitez v. United States |
Fifth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-authority imprisonment-revocation plain-error reasonableness reasonableness-standard revocation sentencing-review standard-of-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 20-6214 |
John J. Powers v. Warden, Allenwood USP |
Third Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
1-usc-109 18-usc-3624b criminal-procedure first-step-act general-savings-statute good-time-credits sentencing-law statutory-interpretation |
Does the General Savings Statute, 1 U.S.C. §109, apply to the First Step Act's amendment to 18 U.S.C. §3624(b), so that penalties of the loss of good … |
| 20-6218 |
Terance Valentine v. Florida |
Florida |
2020-11-05 |
Denied |
IFP |
constitutional-waiver criminal-procedure death-penalty eighth-amendment fourteenth-amendment hurst-v-florida jury-fact-finding jury-unanimity ring-v-arizona |
Whether a waiver to an advisory, non-unanimous jury verdict lacking in any fact finding requirement under a death penalty scheme later determined to b… |
| 20-6226 |
Carlos Maez v. United States |
Seventh Circuit |
2020-11-05 |
Denied |
Relisted (2)IFP |
appellate-review burden-of-proof criminal-procedure judicial-proceedings jury-instructions jury-verdict olano-standard plain-error plain-error-test sixth-amendment standard-of-review |
Whether a conviction following incorrect jury instructions, failure of the petit jury to make a finding on an essential element of a crime, and an app… |
| 20-6227 |
Cameron Battiste v. United States |
Seventh Circuit |
2020-11-05 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process fifth-amendment grand-jury plain-error-review sixth-amendment |
Whether a defective indictment that omits an element of the charged offense deprives the defendant of Fifth and Sixth Amendment rights |
| 20-6230 |
Ulis Howard Alexander v. United States |
Fifth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
corpus-delicti criminal-procedure criminal-sentencing due-process federal-procedure fifth-circuit legal-error punishment-phase sentencing |
Did the Fifth Circuit err in holding that the concept of corpus delicti should not apply in the punishment phase? |
| 20-6231 |
Mark Zavala v. Kim Holland, Warden, et al. |
Ninth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial fourteenth-amendment gang-enhancement sentence-enhancement street-terrorism-act unitary-proceeding |
Does the trial of a sentence enhancement allegation under California's Street Terrorism Enforcement and Prevention Act in a unitary proceeding with th… |
| 20-6232 |
Brian Dwight Peterson v. Randee Rewerts, Warden |
Sixth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel law-enforcement prosecutorial-misconduct right-against-self-incrimination right-to-counsel trial-procedure |
Whether a defense attorney has an obligation to show the defendant live video calls in a capital case and hire a private investigator that the trial c… |
| 20-6215 |
Abrahan Garcia-Morales, aka Abraham Garcia-Morales v. United States |
Ninth Circuit |
2020-11-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure custodial-interrogation due-process evidence-law fifth-amendment right-to-silence self-incrimination |
Whether the prosecutor's use of a defendant's 'partial silence' during a custodial interrogation violates the Fifth Amendment |
| 20-6216 |
Michael E. Torres v. United States |
Third Circuit |
2020-11-04 |
Denied |
Response WaivedIFP |
armed-career-criminal-act arrest criminal-procedure drug-conviction fourth-amendment fourth-amendment-seizure investigative-detention probable-cause reasonable-suspicion |
Did the Third Circuit err in viewing the police conduct as no more than a brief investigative detention and thus justified by reasonable suspicion ins… |
| 20-6185 |
Bryan Lamar Brown v. United States |
Fourth Circuit |
2020-11-03 |
Denied |
Response WaivedIFP |
bruton bruton-rule co-defendant-statement confrontation-clause constitutional-violation criminal-procedure due-process evidence harmless-error |
Does a statement facially incriminate a person for purposes of Bruton Confrontation Clause analysis when one defendant says that as a group they took … |
| 20-6196 |
Mark Xavier Wallace v. United States |
Fourth Circuit |
2020-11-03 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-challenge criminal-evidence criminal-procedure district-court-procedure due-process evidence fourth-circuit-review hearsay hearsay-testimony standard-of-review |
Whether the Fourth Circuit erred in admitting inadmissible and prejudicial hearsay testimony |
| 20-6198 |
Agustin Chavez v. Florida |
Florida |
2020-11-03 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process identity identity-verification post-conviction-information postconviction-information prior-record-exception sentencing sixth-amendment |
Whether courts have incorrectly applied a 'prior-record' exception to Apprendi-Alleyne rule |
| 20-6202 |
Jimmy Don Wooten v. Arkansas |
Arkansas |
2020-11-03 |
Denied |
Response WaivedIFP |
18-usc-3005 capital-murder criminal-procedure death-penalty due-process error-coram-nobis statutory-interpretation |
Did 18 U.S.C.A. 3005 apply to Petitioner in 1994 when he was charged with Capital Murder and the Death Penalty was sought? |
| 20-6206 |
Travis Johnson v. Illinois |
Illinois |
2020-11-03 |
Denied |
IFP |
appellate-review constitutional-law criminal-procedure criminal-sentencing eighth-amendment proportionality proportionate-penalties sentencing solem-v-helm state-courts supreme-court-precedent |
Whether Illinois Appellant Courts must be required to follow the United States Supreme Court's opinion in Solem v. Helm, 463 U.S. 277 (1983), when ana… |
| 20-584 |
Michael Wood, et ux. v. United States |
Third Circuit |
2020-11-03 |
Denied |
Response Waived |
conspiracy-charges conspiracy-to-commit-immigration-offenses constructive-amendment criminal-procedure first-amendment immigration-law prejudicial-variance statute-of-limitations yates-v-united-states |
Whether Defendants' conviction for conspiracy to commit immigration offenses is legally invalid pursuant to Yates v. United States, 354 U.S. 298 (1957… |
| 20-586 |
James T. Gersky v. United States |
Fourth Circuit |
2020-11-03 |
Denied |
Response Waived |
5th-amendment court-precedent criminal-procedure defendant-testimony due-process estelle-v-smith judicial-guidance mitchell-v-united-states sentencing |
should-district-courts-compel-defendant-testimony-at-sentencing |
| 20-6180 |
Naquan Reyes v. United States |
Second Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
18-usc-3553 court-of-appeals criminal-procedure criminal-sentencing district-court federal-sentencing procedural-reasonableness procedural-unreasonableness sentencing-guidelines statutory-interpretation supreme-court |
Whether the Court of Appeals erred in rejecting Reyes's contention that the sentence was procedurally unreasonable based on the district court's failu… |
| 20-6183 |
Timothy N. Hatton v. Mark R. Sevier, Superintendent, New Castle Correctional Facility |
Seventh Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process federal-review habeas-corpus ineffective-assistance sixth-amendment standing |
Question not identified |
| 20-6190 |
Bradley R. Freeman v. New Mexico |
New Mexico |
2020-11-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
affirmative-defense brady-v-maryland constitutional-requirement criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-disclosure prosecutorial-misconduct |
Does the Constitution require the prosecution to disclose favorable, material evidence of an affirmative defense before entering a plea agreement? |
| 20-6191 |
Daniel Johnson v. United States |
Ninth Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
aggravated-sexual-abuse criminal-procedure due-process evidence-standard harmless-error jury-instruction jury-instructions ninth-circuit sexual-abuse victim-age |
Was the error in the jury instruction harmless? |
| 20-6192 |
Jamal Aikeem Hutchinson v. United States |
Eleventh Circuit |
2020-11-02 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-law criminal-law criminal-procedure due-process firearms guilty-plea henderson-v-morgan plain-error plain-error-review statutory-interpretation |
Can the appellate courts' divergent approaches to plain error review of pre-Rehaif guilty pleas be reconciled with one another? |
| 20-6193 |
Martin L. Harrell v. United States |
Eleventh Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
criminal-procedure diligence-standard due-process habeas-corpus material-fact mcquiggin mcquiggin-standard new-evidence prosecutorial-misconduct summary-denial |
Whether Evidence Not Presented as the Result of Prosecutorial Misconduct Should Be Considered New Evidence under McQuiggin? |
| 20-6169 |
Tykei Garner v. United States |
Third Circuit |
2020-10-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial drug-conviction due-process evidence interstate-commerce interstate-transportation prejudice third-circuit |
Whether the Third Circuit Court of Appeals erred in affirming the District Court's Decision |
| 20-6175 |
Rico Walker v. Vance Laughlin, Warden |
Georgia |
2020-10-30 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection fourth-amendment indictment-sufficiency ineffective-assistance-of-counsel jurisdiction jurisdictional-challenge notice-of-charges void-conviction |
Can Petitioner be convicted of a crime where the Indictment fails to allege the essential elements of the crime charged? |
| 20-577 |
Moaze Ibrahim v. United States |
Second Circuit |
2020-10-30 |
Denied |
Response Waived |
appeal civil-rights criminal-procedure due-process jurisdiction sentencing |
Question not identified |
| 20-6161 |
Joey Lamont Brunson v. United States |
Fourth Circuit |
2020-10-29 |
Denied |
Relisted (2)IFP |
criminal-procedure evidence-suppression exclusionary-rule fourth-amendment legal-insufficiency statutory-interpretation suppression-of-evidence surveillance-law wiretap-order wiretapping |
Whether a wiretap order that fails to specify the name of the person who authorized the application for such order is insufficient on its face, thereb… |
| 20-6162 |
Frank Trujillo v. United States |
Tenth Circuit |
2020-10-29 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process elements-of-offense federal-courts guilty-plea plea-bargaining plea-voluntariness rehaif-v-united-states standard-of-review |
Whether a defendant's guilty plea was knowing and voluntary when the defendant was not informed of an element of the offense |
| 20-6165 |
James Edward Sandford, III v. United States |
Second Circuit |
2020-10-29 |
Denied |
Relisted (2)IFP |
circuit-split criminal-procedure felon-in-possession fourth-circuit ineffective-assistance plain-error-rule rehaif-standard rehaif-v-united-states second-circuit sixth-amendment |
Should the Court grant certiorari to resolve the Circuit split regarding the plain error rule between the Second and Fourth Circuits as it applies to … |
| 20-6170 |
Justin David Brown v. United States |
Tenth Circuit |
2020-10-29 |
Denied |
Response WaivedIFP |
administrative-law agency-action constitutional-law criminal-procedure due-process judicial-review sentencing sixth-amendment standing statutory-interpretation substantial-assistance |
did-the-court-err-by-not-holding-a-hearing |
| 20-6147 |
Shane Anthony Roberts v. United States |
Eighth Circuit |
2020-10-28 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review court-of-appeals criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation statutory-right waiver |
Whether the Court of Appeals improperly denied Mr. Roberts of the statutory right to appeal his 70-month sentence |
| 20-6154 |
Roderick Perez-Gonzalez v. United States |
First Circuit |
2020-10-28 |
Denied |
Response WaivedIFP |
conspiracy constitutional-law criminal-procedure double-jeopardy due-process plea-bargaining prosecution united-states-constitution |
Whether Subsequent Prosecution of Conspiracies Violate the Double Jeopardy Clause of the United States Constitution when Both Conspiracies Operate Und… |
| 20-6157 |
Pedro Hernandez v. United States |
Ninth Circuit |
2020-10-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure district-court due-process motion-to-dismiss prejudicial-error sixth-amendment |
Did the district court prejudicially err denying petitioner's motion to dismiss based on Sixth Amendment violations? |
| 20-6138 |
Jerry Walker v. Wendy Kelley, Director, Arkansas Department of Correction |
Arkansas |
2020-10-26 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment civil-rights confrontation-clause constitutional-challenge criminal-procedure declaratory-judgment due-process evidence procedural-error sixth-amendment |
Whether the petitioner was denied due process in his criminal trial |
| 20-546 |
Michigan v. Laricca Seminta Mathews |
Michigan |
2020-10-26 |
Denied |
|
constitutional-interpretation criminal-procedure custodial-interrogation due-process fifth-amendment miranda-rights right-to-counsel sixth-amendment |
Whether Miranda v. Arizona is satisfied when a suspect in custody is advised of the right to an attorney but not explicitly advised of the right to th… |
| 20-549 |
John Farrow, et al. v. Contra Costa County, California |
Ninth Circuit |
2020-10-26 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
bail circuit-split counsel-appointment criminal-procedure critical-stage due-process equal-protection indigent-defense right-to-counsel sixth-amendment |
Is a detainee's first appearance in court a 'critical stage' of the proceedings? |
| 20-6097 |
Francisco J. Martinez v. Adolfo Gonzalez, Chief Probation Officer, San Diego, California |
Ninth Circuit |
2020-10-23 |
Denied |
Response WaivedIFP |
commodities-fraud criminal-procedure due-process harmless-error jury-instruction jury-instructions scienter |
Should CERTIORARI be granted to review whether the failure to instruct a state jury on lack of scienter could be harmless-beyond a reasonable doubt in… |
| 20-6123 |
Dale C. Holcombe v. Florida |
Florida |
2020-10-23 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-law criminal-conviction criminal-procedure due-process fifth-amendment racketeering stolen-property |
Whether possession of an item that is one or more transactions removed from an alleged theft constitutes possession of stolen property |
| 20-6124 |
Jose Maria Loaiza-Gaspar v. United States |
Fifth Circuit |
2020-10-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process guideline-sentence ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw reasonableness sentencing sentencing-guidelines |
Whether the United States Court of Appeals for the Sixth Circuit abused its discretion when it granted appointed counsel's motion to withdraw and dism… |
| 20-6094 |
Sean Alonzo Bush v. Florida |
Florida |
2020-10-22 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure due-process evidence-sufficiency florida-supreme-court legal-precedent precedent standard-of-review sufficiency-of-evidence |
Whether the Florida Supreme Court denied the petitioner due process |
| 20-6096 |
Dieuseul Brown v. Sonja Nicklaus, Warden |
Seventh Circuit |
2020-10-22 |
Denied |
IFP |
criminal-procedure due-process first-degree-murder independent-and-adequate-state-grounds jury-finding jury-instructions procedural-default second-degree-murder state-grounds |
Whether the Petitioner's claim is Procedurally-Defaulted |
| 20-6109 |
Rashawn D. Watson v. United States |
Sixth Circuit |
2020-10-22 |
Denied |
Relisted (3)IFP |
criminal-law criminal-procedure due-process firearm-possession guilty-plea indictment indictment-sufficiency knowledge-element mens-rea plea-bargaining rehaif-decision rehaif-v-united-states |
Whether the decision in Rehaif v. United States, 139 S. Ct. 2191 (2019) requires that Petitioner's guilty plea and conviction be vacated |
| 20-535 |
Drew Samuel Bates v. United States |
Tenth Circuit |
2020-10-22 |
Denied |
|
circuit-split criminal-procedure first-step-act judicial-discretion resentencing sentencing-guidelines statutory-interpretation |
Whether a district court that chooses to conduct a resentencing under § 404 of the First Step Act is prohibited from considering a defendant's current… |
| 20-531 |
Derek Hutter v. United States |
Fifth Circuit |
2020-10-21 |
Denied |
Response Waived |
28-usc-2253 appellate-review certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-hearing |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability |
| 20-6090 |
Reginald Ferguson v. United States |
Sixth Circuit |
2020-10-21 |
Denied |
Relisted (2)IFP |
civil-rights consensual-encounter consent criminal-procedure due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion testimony |
Can a court determine that an encounter was initially consensual when the officer testified that he did not remember how it was initiated, nor is it c… |
| 20-6098 |
Lamont Owens v. United States |
Eighth Circuit |
2020-10-21 |
Denied |
Relisted (2)IFP |
criminal-procedure fairness-integrity-public-reputation intervening-supreme-court-decision judicial-review jury-instructions plain-error plain-error-review substantial-rights supreme-court-decision trial-record |
Whether plain-error review for failure to instruct on an element of the offense, based upon an intervening U.S. Supreme Court decision, allows courts … |
| 20-6099 |
Malcolm Moore v. United States |
Third Circuit |
2020-10-21 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-law criminal-procedure direct-review due-process first-step-act judicial-discretion retroactivity sentencing sentencing-retroactivity statutory-interpretation |
Whether Section 403 of the First Step Act of 2018 should apply to defendants whose convictions and sentences remain pending on direct review |
| 20-6100 |
Carlos Meza-Cruz v. United States |
Fifth Circuit |
2020-10-21 |
Denied |
Response WaivedIFP |
Almendarez-Torres criminal-procedure due-process jury-trial sentencing Supreme-Court |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6101 |
Rachel Mae Skidmore v. United States |
Fifth Circuit |
2020-10-21 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-construction statutory-interpretation |
Whether 18 U.S.C. 3§583(g)(1) comports with the Fifth and Sixth Amendments? |
| 20-6103 |
Curtis Lee Dale v. United States |
Eighth Circuit |
2020-10-21 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery document-discovery due-process pro-se-defendant search-warrant search-warrants sentencing standing |
Is a defendant entitled to copies of inventory documents related to executed search warrants connected to his criminal case? |
| 20-6106 |
Rafael Cruz v. United States |
Fifth Circuit |
2020-10-21 |
Denied |
Response WaivedIFP |
civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness |
Whether the district court erred in denying the defendant's request for a certificate of innocence, when the defendant had pled guilty to 'hostage tak… |
| 20-6066 |
Rodolfo Segura-Virgen v. United States |
Fourth Circuit |
2020-10-20 |
Denied |
Relisted (2)IFP |
aggravated-felony civil-rights criminal-procedure deportation-order due-process fifth-amendment illegal-reentry immigration judicial-review pro-se-waiver removal-order |
Whether courts evaluating a prior removal order in the context of a criminal prosecution for illegal reentry are required to apply the law as it is no… |
| 20-6074 |
Timothy Jarred Paige v. United States |
Eleventh Circuit |
2020-10-20 |
Denied |
Relisted (2)IFP |
civil-rights criminal-charge criminal-procedure district-court-jurisdiction due-process plea-agreement plea-bargaining sentencing sentencing-guidelines standing statutory-interpretation |
When charged with violating 18 U.S.C. § 922(g), does the district court retain jurisdiction to charge an offense that is not a 'crime of violence' as … |
| 20-6079 |
In Re Dale McKenzie |
|
2020-10-20 |
Denied |
IFP |
constitutional-violation conviction-challenge criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sentencing sentencing-error trial-court-discretion unconstitutional-law void-conviction |
Has prejudice been shown where the trial court overruled the defendant's motion for continuance to show that his prior Georgia conviction was void, an… |
| 20-6088 |
Miguel Angel Baez-Castillo v. United States |
Fifth Circuit |
2020-10-20 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment |
Whether a court can impose a statutorily enhanced sentence based on a prior conviction not alleged in the indictment, consistent with the Sixth Amendm… |
| 20-526 |
Jason M. Blackburn v. United States |
Armed Forces |
2020-10-20 |
Denied |
Response Waived |
4th-amendment child-pornography criminal-procedure digital-evidence fourth-amendment good-faith-exception military-justice probable-cause search-and-seizure search-warrant |
Whether the Court of Appeals erred in holding the good faith exception applied to the search and seizure of Petitioner's computer? |
| 20-511 |
Chris George v. Territory of the Virgin Islands |
Virgin Islands |
2020-10-19 |
Denied |
|
administrative-court administrative-law civil-rights criminal-procedure due-process government-authority motor-vehicle personal-liberty property-rights right-to-travel standing |
What legal authority or standing does the V.I. Government have to take me a private individual into its administrative/commercial court (Magistrate Co… |
| 20-6070 |
James Dee Gilmore, Jr. v. United States |
Ninth Circuit |
2020-10-19 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process evidence-admissibility interrogation-techniques miranda-rights sixth-amendment voluntary waiver |
whether-the-ninth-circuit-court-of-appeals-established-a-troubling-precedent-inconsistent-with-edwards-v-arizona-and-lego-v-twomey |
| 20-6073 |
Desmond Littlejohn v. United States |
Fourth Circuit |
2020-10-19 |
Denied |
Response WaivedIFP |
18-usc-924c certiorari-review civil-rights crimes-of-violence criminal-procedure due-process federal-criminal-law fourth-amendment ninth-circuit sentencing statutory-interpretation |
Whether the Fourth Amendment prohibits the government from using a person's prior convictions for a crime of violence as a basis to enhance the senten… |
| 20-6042 |
Barry Lynn Bailey v. United States |
Fifth Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 20-6043 |
Robin Lee Archer v. Florida |
Florida |
2020-10-16 |
Denied |
IFP |
criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment jury-role retroactivity statutory-construction substantive-criminal-law substantive-law |
Whether the Florida Supreme Court's statutory construction in Hurst v. State constitutes substantive law |
| 20-6044 |
Luidgi Benjamin v. United States |
Second Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
character-evidence character-testimony criminal-procedure district-court-jurisdiction due-process enticement evidentiary-admission judicial-discretion jury-instructions venue venue-challenge |
Should venue be proper where no elements of the crime occurred? |
| 20-6047 |
Ramada Tajedeen Shabazz v. United States |
Fifth Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent remand sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 20-6049 |
Isidoro Gonzalez-Ferretiz v. United States |
Fourth Circuit |
2020-10-16 |
Denied |
Relisted (2)IFP |
aggravated-felony criminal-procedure deportation-order due-process fifth-amendment immigration judicial-review mendoza-lopez pro-se-alien waiver waiver-of-appeal |
Whether a pro se alien's waiver of the right to appeal is 'considered and intelligent' under Mendoza-Lopez in the absence of an opportunity to dispute… |
| 20-6051 |
Jonathan Ortiz-Torres v. United States |
First Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement sentencing sixth-amendment voluntariness |
Should a writ of certiorari should be granted to determine if trial counsel renders ineffective assistance when he fails to advise his client that the… |
| 20-6053 |
Dieter Riechmann v. Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-10-16 |
Denied |
IFP |
28-usc-2254 appellate-standard circuit-split evidence evidence-review federal-courts federal-review habeas-corpus standard-of-review state-court-determination statutory-interpretation |
Is a state court's conclusion that evidence not presented at trial was cumulative of other evidence before the jury a 'determination of the facts' tha… |
| 20-6054 |
Alex Cori Tribue v. United States |
Eleventh Circuit |
2020-10-16 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
armed-career-criminal-act collateral-review criminal-procedure due-process notice notice-requirement prior-convictions sentencing-enhancement |
Whether, on collateral review, the government may maintain a sentencing enhancement under the ACCA by substituting a different conviction that it did … |
| 20-6058 |
Lacey Renee Baxter Moore, aka Lacey Kittrell v. United States |
Fifth Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process liberty-deprivation probation probation-condition sentencing-guidelines statutory-interpretation statutory-purposes supervised-release |
Whether a standard condition of supervised release requiring a person to permit a probation officer to visit at any time at home or elsewhere is too b… |
| 20-6061 |
Whittier Buchanan v. California |
California |
2020-10-16 |
Denied |
Response WaivedIFP |
assistant-counsel constitutional-rights criminal-procedure due-process judicial-review legal-appeal right-to-counsel self-representation standby-counsel trial-transcripts witness-testimony |
Whether the court allowed the petitioner to represent himself using standby counsel when he had also been appointed assistant counsel, and whether the… |
| 20-500 |
Berlinda A. Madden v. Megan J. Brennan, Postmaster General |
Sixth Circuit |
2020-10-16 |
Denied |
Response Waived |
civil-procedure eeoc-complaint employment-discrimination employment-law evidence material-fact retaliation summary-judgment union-president |
Whether a sworn affidavit of the Union President that company officials acted in retaliation for having filed an EEO complaint is a genuine issue of m… |
| 20-502 |
Ken Mascara, in His Official Capacity as Sheriff of St. Lucie County, Florida, et al. v. Viola Bryant, as Personal Representative of the Estate of Gregory Vaughn Hill, Jr. |
Eleventh Circuit |
2020-10-16 |
Denied |
|
civil-police-liability civil-rights due-process evidence evidence-admissibility harmless-error judicial-review police-liability probation probationary-status rules-of-evidence standard-of-review |
Whether the Court should adopt a more flexible standard of admissibility of evidence than Huddleston v. U.S. under Rules 403 and 404(b) in civil polic… |
| 20-491 |
Sandy Perez Hernandez v. Texas |
Texas |
2020-10-15 |
Denied |
|
capital-murder criminal-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel manslaughter texas-law |
Does the Fifth Amendment's double jeopardy clause bar conviction for intentional injury to a child following acquittal for capital murder, but convict… |
| 20-6017 |
Tracey Godfrey v. Lynn Guyer, Warden |
Ninth Circuit |
2020-10-15 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing |
Question not identified |
| 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 |
Can a defendant intelligently, knowingly, and voluntarily waive his right to challenge the effectiveness of his counsel by signing a guilty plea? |
| 20-6020 |
Nasser Mohamad Bazzi v. Michigan |
Michigan |
2020-10-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel interpreter-rights interpreters sixth-amendment structural-error |
Was the Arabic-speaking appellant denied effective assistance of counsel during critical stages of the proceedings, for which prejudice is presumed, w… |
| 20-6030 |
Byron A. Wyatt v. United States |
Fifth Circuit |
2020-10-15 |
Denied |
Response WaivedIFP |
criminal-procedure evidentiary-sufficiency interest-of-justice interests-of-justice material-evidence newly-discovered-evidence rule-33 standard-of-review sufficiency-of-evidence trial-standard |
Whether F.R.Crim.P. Rule 33's standard for granting a new trial based on newly discovered evidence 'if the interest of justice so requires' cannot be … |
| 20-6036 |
Torrey Washington v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-10-15 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance jury-instructions prosecutorial-misconduct |
Whether the prosecution failed to prove guilt beyond a reasonable doubt? |
| 20-6040 |
Charlie Bell Bullock v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-10-15 |
Denied |
IFP |
capital-punishment confrontation-clause criminal-procedure cross-examination ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence professional-norms sentencing-phase sixth-amendment standard-of-review victim-rights |
Does the Confrontation Clause require a victim to be made available for cross-examination if pictures of them are submitted, and is counsel ineffectiv… |
| 20-6041 |
Raymond Lewis Perry v. United States |
Fourth Circuit |
2020-10-15 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure criminal-sentencing due-process equal-protection first-stage-proceeding robbery sentencing sentencing-hearing statutory-interpretation |
Whether Vekimoner Peseuy's sentence was properly corrected under the First Step Act |
| 20-6003 |
Alvin Celius Andre v. United States |
Eleventh Circuit |
2020-10-14 |
Denied |
Response WaivedIFP |
circuit-conflict criminal-procedure entrapment government-intervention jacobson-v-united-states jury-instruction predisposition ready-willingness |
Whether the Eleventh Circuit's Entrapment Jury Instruction is in Conflict With Jacobson v. United States, 503 U.S. 540 (1992) and the Majority of the … |
| 20-6004 |
Jconcepcion Alonso-Tobar v. United States |
Fifth Circuit |
2020-10-14 |
Denied |
Response WaivedIFP |
case-review constitutional-rights criminal-procedure due-process fifth-circuit judicial-precedent sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6006 |
Terrance Leon Washington v. Crystal Willett, Superintendent, Meherrin River Regional Jail |
Fourth Circuit |
2020-10-14 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process entrapment ineffective-assistance prosecutorial-misconduct state-court-conviction |
How can law enforcement's warrantless search and seizure with fraudulent search warrants and issue a wrong indictment |
| 20-6007 |
William Harold Wright, Jr. v. United States |
Eleventh Circuit |
2020-10-14 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-challenge criminal-indictment criminal-procedure due-process indictment judicial-review prosecutorial-discretion statutory-interpretation sufficiency-of-evidence venue |
Did the District Court err in denying the defendant's motion to dismiss the indictment? |
| 20-5981 |
Javier Garza v. Illinois |
Illinois |
2020-10-13 |
Denied |
Response WaivedIFP |
case-characteristics constitutional-provisions court-jurisdiction criminal-procedure de-facto-life-sentence eighth-amendment judicial-review juvenile-sentencing legal-interpretation miller-v-louisiana statutory-provisions youth-characteristics |
Whether mandatory life sentences, natural or de facto, for juveniles are unconstitutional under the Eighth Amendment regardless of whether the trial c… |
| 20-5983 |
Omar Sierre Folk v. United States |
Third Circuit |
2020-10-13 |
Denied |
Response WaivedIFP |
advisory-guidelines career-offender criminal-procedure guidelines habeas-corpus pre-beckles section-2255 sentencing sentencing-guidelines statute-of-limitations third-circuit |
Whether the Third Circuit erred in not addressing Erroneous Career Offender Designation under the Advisory Sentencing Guidelines Cognizable under 28 U… |
| 20-5994 |
Mongkhon Leekomon v. Georgia |
Georgia |
2020-10-13 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure georgia-court-of-appeals indictment legal-procedure statute-of-limitation statute-of-limitations statutory-interpretation tolling tolling-exception |
Whether the Georgia Court of Appeals erred in concluding that the indictment alleged a statutory tolling exception to extend the seven-year statute of… |
| 20-5996 |
Jamaal Howard v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-10-13 |
Denied |
IFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel mental-health mental-health-evaluation miranda-rights sixth-amendment |
Ineffective-assistance-of-counsel |
| 20-5999 |
Sonya Porter v. Pennsylvania |
Pennsylvania |
2020-10-13 |
Denied |
Response WaivedIFP |
continuous-crime criminal-procedure double-jeopardy fifth-amendment plea-bargaining prosecution welfare-fraud |
Where a state criminal rule allows for dismissal of a case on the merits rather than via conviction or acquittal, is this sufficient to trigger protec… |
| 20-6000 |
Sara G. Kielly v. New York |
New York |
2020-10-13 |
Denied |
IFP |
civil-rights constitutional-conditions conviction-challenge criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus plea-agreement plea-bargaining prison-treatment sentencing |
Whether a defendant is required, in light of well-established facts, to explicitly plead constitutional conditions and treatment in prison on the plea… |
| 20-6001 |
Antranette Canady v. United States |
Fifth Circuit |
2020-10-13 |
Denied |
Response WaivedIFP |
3583(d)(2) civil-rights criminal-procedure liberty-deprivation probation probation-condition sentencing-guidelines statutory-interpretation statutory-purposes supervised-release |
Is a standard condition of supervised release which requires a person to 'permit a probation officer to visit [her] at any time at home or elsewhere' … |
| 20-6002 |
Curtis Lee Dale v. United States |
Eighth Circuit |
2020-10-13 |
Denied |
Response WaivedIFP |
access-to-courts adverse-decision appeals case-seizure criminal-procedure district-court due-process federal-law-enforcement pro-se procedural-due-process warrant-search |
Does Petitioner have a procedural due process right to access the Court and file an initial brief in the appeals court related to the district court's… |
| 20-5972 |
John Garrett Smith v. Ronald Hayes, Superintendent, Stafford Creek Correctional Center |
Ninth Circuit |
2020-10-09 |
Dismissed |
IFP |
4th-amendment 5th-amendment criminal-procedure search-and-seizure standing suppression-of-evidence |
Whether a court can acquire subject matter jurisdiction over a criminal charge when the warrant used to search a smartphone is invalid because the aff… |
| 20-5974 |
Quordalis V. Sanders v. Brian Foster, Warden |
Seventh Circuit |
2020-10-09 |
Dismissed |
Relisted (2)IFP |
civil-rights criminal-procedure due-process equal-protection evidence sentencing |
Whether the Wisconsin Court of Appeals erred in affirming the conviction of the petitioner despite the state's failure to prove the essential element … |
| 20-5978 |
Yoder Austin Blalock v. Alaska |
Alaska |
2020-10-09 |
Denied |
Response WaivedIFP |
14th-amendment 4th-amendment 6th-amendment constitutional-amendments criminal-procedure double-jeopardy due-process equal-protection self-incrimination unreasonable-search |
Whether the decisions of the State of Alaska and the Alaska Court of Appeals are inconsistent with the U.S. Constitution's protections against double … |
| 20-5985 |
Derrick Kennedy Crumpton v. United States |
Sixth Circuit |
2020-10-09 |
Denied |
Response WaivedIFP |
bad-faith-review circuit-court-split criminal-procedure government-discretion government-motion judicial-review plea-agreement proffer-agreement sentencing sentencing-guidelines |
What is the scope of judicial review when the defendant and the government have entered in a Plea Agreement and/or a Proffer Agreement in which the go… |
| 20-464 |
James J. Rosemond v. United States |
Second Circuit |
2020-10-09 |
Denied |
|
actus-reus capital-cases concession-of-guilt criminal-defendant criminal-procedure right-to-autonomy sixth-amendment trial-counsel |
Does an attorney violate a criminal defendant's Sixth Amendment right to autonomy by admitting, over the defendant's objection, that the defendant ord… |
| 20-458 |
Michael B. Brown v. Department of Labor |
Eleventh Circuit |
2020-10-08 |
Denied |
Response WaivedRelisted (2) |
administrative-law civil-procedure deposition-modification evidence factual-finding federal-rules-of-civil-procedure petition-for-review regulatory-compliance sarbanes-oxley whistleblower-protection |
Whether a judge's change of a party's transcribed deposition is an appropriate factual finding, conclusion, and decision |
| 20-5947 |
Craig Martin Shults v. United States |
Ninth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
18-usc-115 criminal-procedure criminal-prosecution due-process evidence-admissibility federal-judge federal-rules-of-evidence federal-statute federal-threat subsequent-act-evidence |
Whether subsequent act evidence of additional threats is admissible in an 18 U.S.C. § 115(a)(1)(B) prosecution for threatening a federal judge when th… |
| 20-5951 |
Joshua Scott Richards v. United States |
Tenth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure criminal-sentencing federal-sentencing sentencing sentencing-guidelines substantive-reasonableness u.s.-sentencing-commission u.s.s.g.-§-2g2.2 |
Whether a sentence imposed pursuant to the United States Sentencing Guidelines covering the crimes of accessing or possessing child pornography, U.S.S… |
| 20-5954 |
Meryl S. McDonald v. Florida |
Florida |
2020-10-08 |
Denied |
IFP |
criminal-procedure death-penalty death-sentence due-process equal-protection fourteenth-amendment post-conviction postconviction-counsel pro-se-filing right-to-counsel |
Whether rule 3.851(b)(6)&(i) of the Florida Rules of Criminal Procedure is unconstitutional and violates the Equal Protection and Due Process clauses … |
| 20-5957 |
Darius Taurean Caldwell v. United States |
Eleventh Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights criminal-procedure due-process evidence sentencing |
Why was the accused Andrey Paneer described with code names and not have his real name used? |
| 20-5959 |
Clinton Devone Hicks v. United States |
Fifth Circuit |
2020-10-08 |
Denied |
Relisted (3)IFP |
circuit-split commerce-clause criminal-law criminal-procedure plain-error rehaif-standard rehaif-v-united-states statutory-interpretation |
Whether error under Rehaif v. United States constitutes plain error |
| 20-5961 |
Lemar Gant v. Brian Williams, Sr., et al. |
Ninth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-duty criminal-procedure due-process habeas-corpus ineffective-assistance prejudice state-court-review strickland-v-washington witness-investigation |
Whether the Ninth Circuit erroneously concluded Gant could not establish ineffective-assistance-of-counsel |
| 20-5966 |
Keven A. Morgan v. United States District Court for the Eastern District of North Carolina |
Fourth Circuit |
2020-10-08 |
Denied |
IFP |
4th-amendment 5th-amendment 6th-amendment attorney-general authorization-order criminal-procedure due-process jury-trial law-enforcement wire-tapping wiretapping |
Whether law enforcement and the district attorney failed to attach the United States Attorney General's special designated authorization order and aut… |
| 20-5939 |
Kadeem Burden v. United States |
Fifth Circuit |
2020-10-07 |
Denied |
Relisted (4)IFP |
criminal-procedure due-process fifth-amendment firearm-possession jury-instructions plain-error-review rehaif-standard rehaif-v-united-states sixth-amendment |
Whether a reviewing court may affirm a conviction under plain error review based on speculation about the defendant's knowledge of his prohibited stat… |
| 20-5940 |
Sabrina Alexander Weightman v. United States |
Fifth Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu constitutional-law criminal-procedure due-process fifth-circuit sentence-vacatur sentencing supreme-court-review united-states-v-haymond writ-of-certiorari |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 20-5942 |
John Tran v. United States |
First Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule federal-criminal-procedure good-faith-exception judicial-jurisdiction jurisdiction procedural-error rule-41 search-and-seizure void-ab-initio warrant-validity |
Whether the First Circuit erroneously applied the good faith exception to the exclusionary rule |
| 20-5943 |
Lamar A. Williams v. United States |
Fourth Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
civil-rights complaint-filing constitutional-rights criminal-charges criminal-procedure due-process first-amendment legal-procedure retaliation standing |
Whether the criminal charges were retaliatory in response to the petitioner's complaints |
| 20-5944 |
In Re Gerald M. Calmese |
|
2020-10-07 |
Denied |
IFP |
constitutional-rights conviction criminal-procedure due-process effective-counsel evidence fourteenth-amendment habeas-corpus identity-theft jurisdiction sixth-amendment |
Whether the evidence presented failed to establish the required element of 'another person,' for which the plaintiff was convicted of taking their ide… |
| 20-5945 |
Shelby Clarmont v. Willis Chapman, Warden |
Sixth Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
advisory-guidelines constitutional-violation criminal-procedure due-process people-v-lockridge people-v-milbourn proportionality resentencing sentencing-guidelines |
Is the imposing of a sentence which was based on incorrectly scored sentencing guidelines and was a departure from applicable advisory guidelines wher… |
| 20-444 |
United States v. Michael Andrew Gary |
Fourth Circuit |
2020-10-07 |
Judgment Issued |
Amici (5)Relisted (2) |
criminal-law criminal-procedure due-process felon-in-possession firearm-possession mens-rea plain-error plain-error-rule plea-bargaining plea-colloquy substantial-rights |
Whether a defendant who pleaded guilty to possessing a firearm as a felon is automatically entitled to plain-error relief if the district court did no… |
| 20-5933 |
Junior Griffin v. United States |
Second Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
complete-defense constitutional-rights criminal-procedure due-process hearsay hearsay-exclusion impeachment-evidence right-to-present-evidence supervisory-power wiretap-evidence wiretapping |
Whether the defendant was denied his constitutional right to present a complete defense |
| 20-5935 |
Frank Allen Levi Holland v. Michigan |
Michigan |
2020-10-07 |
Denied |
IFP |
burden-of-proof compulsory-violations confrontational-violations constitutional-rights criminal-procedure due-process evidence-admission ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct |
Whether the Michigan courts violated the petitioner's state and federal constitutional right to due process of law |
| 20-5917 |
Eric Malmstrom v. United States |
First Circuit |
2020-10-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-procedure competency criminal-law criminal-procedure due-process embassy-communication judicial-discretion mental-competency mental-disease mental-disease-or-defect standing sua-sponte |
Whether the district court abused its discretion when it failed to sua sponte order a competency evaluation |
| 20-5929 |
Tommy Lee Jones v. United States |
Sixth Circuit |
2020-10-06 |
Denied |
Response WaivedIFP |
2g2.2(b)(5) burden-of-proof criminal-procedure offense-conduct police-report restitution sentencing-guidelines shepard-standard shepard-v-united-states unreliable-evidence |
Can the government utilize an unreliable nearly thirty (30) year old police report to satisfy its burden the sentencing guideline five (5) level enhan… |
| 20-5930 |
Diego Palacios-Villalon v. United States |
Fifth Circuit |
2020-10-06 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure culpability drug-trafficking judicial-discretion mitigating-role sentencing-guidelines |
Does a defendant have the sole obligation in the establishment of these elements or does the trial judge have a duty to inquire into them? |
| 20-5902 |
Larry Burt Sexton v. Tennessee |
Tennessee |
2020-10-05 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure due-process fourteenth-amendment hearsay hearsay-evidence parole-consideration sentencing |
Whether the trial court erred in admitting hearsay evidence at the sentencing hearing and in finding the petitioner to be a career offender, resulting… |
| 20-5905 |
Travon Jarvel Jackson v. United States |
Ninth Circuit |
2020-10-05 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause criminal-procedure evidence-admissibility federal-rules-of-evidence rule-412 rule-608b sex-trafficking sixth-amendment witness-impeachment |
Whether evidence of prior prostitution activity that is inadmissible under Rule 412 of the Federal Rules of Evidence to rebut a claim of sex trafficki… |
| 20-5908 |
Mikel Clotaire v. United States |
Eleventh Circuit |
2020-10-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure eleventh-circuit-precedent fair-trial fifth-amendment fourteenth-amendment mug-shot-admission presumption-of-innocence sixth-amendment sixth-circuit-precedent |
Whether the Eleventh Circuit's decision to admit a mug shot in a criminal trial absent a need for the evidence splits with well-established Sixth Circ… |
| 20-5909 |
David Conerly v. United States |
Ninth Circuit |
2020-10-05 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure district-court evidence evidence-review judicial-review ninth-circuit sentencing sentencing-guidelines standard-of-review |
Did the Ninth Circuit err by mining the district record to uphold an upward adjustment to petitioner's offense level under the Sentencing Guidelines? |
| 20-5910 |
Robert Coleman v. United States |
Fifth Circuit |
2020-10-05 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment relevant-conduct sentencing sentencing-enhancement statutory-interpretation |
What constitutes relevant conduct? |
| 20-5913 |
Bradley M. Cox v. United States |
Seventh Circuit |
2020-10-05 |
Denied |
Response WaivedIFP |
bail-reform-act constitutional-interpretation constitutional-rights criminal-procedure due-process evidentiary-standards factors-for-detention presumption-of-innocence pretrial-detention release-conditions witness-testimony |
Whether the lower courts used the provisions of the Bail Reform Act in a manner contrary to the constitutional right to bail? |
| 20-5915 |
Perry Cortese v. United States |
Eleventh Circuit |
2020-10-05 |
Denied |
Response WaivedIFP |
appeals-court criminal-procedure district-court enhancement federal-sentencing-guidelines sentencing |
Did the District Court and the Eleventh Circuit err in their application of the Special Skill enhancement? |
| 20-5920 |
Richard Cortez v. Iowa |
Iowa |
2020-10-05 |
Denied |
IFP |
confrontation-clause criminal-procedure disclosure due-process sixth-amendment witness-testimony |
Whether a defendant's Sixth Amendment right to confrontation was violated when the State's primary eyewitness to the exchange testified under a false … |
| 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… |
| 20-430 |
Justin Marques Henning v. United States |
Ninth Circuit |
2020-10-05 |
Denied |
Response WaivedRelisted (3) |
appellate-review circuit-split criminal-conviction criminal-procedure due-process equipoise-rule evidence mere-presence |
Whether a criminal defendant may be convicted based solely on evidence of his mere presence near the scene of the crime, without any evidence that the… |
| 20-432 |
S. O., et al. v. District of Columbia |
District of Columbia |
2020-10-05 |
Denied |
Response WaivedRelisted (2) |
civil-neglect civil-procedure civil-rights constitutional-protections due-process evidence fabricated-evidence fifth-amendment perjured-testimony perjury standing |
Whether the Fifth Amendment prohibits the District of Columbia's use of fabricated evidence and perjured testimony in a civil child neglect proceeding… |
| 20-5871 |
Derrick Lenard Smith v. United States |
Fifth Circuit |
2020-10-02 |
Denied |
Response WaivedIFP |
18-usc-924 attempt bodily-injury borden-v-united-states criminal-law criminal-procedure criminal-statute federal-law sentencing-enhancement statutory-interpretation |
Whether 18 U.S.C. §924(c)(8)(A) includes all offenses that require an attempt to inflict bodily injury? |
| 20-5872 |
Jesus Sanchez-Chacon v. United States |
Fifth Circuit |
2020-10-02 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5889 |
In Re Jesus Anaya |
|
2020-10-02 |
Denied |
Response WaivedIFP |
adversarial-testing certificate-of-appealability constitutional-rights constructive-denial-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel slack-standard standard-of-review |
Whether trial and appellate counsel's inadequate representation constituted constructive denial of counsel |
| 20-5890 |
Willie R. Benton, Jr. v. United States |
Sixth Circuit |
2020-10-02 |
Denied |
Response WaivedIFP |
criminal-procedure drug-conspiracy due-process mistake-of-fact relevant-conduct sentencing sixth-circuit |
Is a criminal defendant denied Due Process of Law when the sentencing Court in a drug conspiracy case determines that a quantity of a substance should… |
| 20-5897 |
Demetrice Williams v. Sandy McCain, Warden, et al. |
Fifth Circuit |
2020-10-02 |
Denied |
IFP |
certificate-of-appealability COA criminal-procedure criminal-prosecution denial effective-assistance-of-counsel equal-protection federal-district-court fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment |
Whether the federal district court should not have denied COA based on the substantial showing of the denial of the Sixth Amendment guarantees of the … |
| 20-5848 |
Richard Bridgeman Gustafson v. Oregon |
Oregon |
2020-10-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial jury-unanimity ramos-v-louisiana sixth-amendment state-trial-procedure |
Whether a criminal trial in the State of Oregon that did not guarantee a unanimous verdict, leading the defendant to choose a bench trial, was unconst… |
| 20-5857 |
Alimamy Barrie v. United States |
Fourth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
18-USC-3582 criminal-procedure discretion federal-sentencing guidelines judicial-discretion retroactivity sentencing sentencing-amendment statutory-interpretation |
Whether a post-sentencing clarifying guideline amendment is applicable to a defendant |
| 20-5866 |
Shawn Kristi Dicken v. Shawn Brewer, Warden |
Sixth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
brady-material brady-v-maryland constitutional-amendments criminal-procedure discovery due-process evidence exculpatory-evidence expert-testimony prosecutorial-misconduct |
Was petitioner denied discovery pursuant to Brady v. Maryland 373 U.S. 83 violating her V, VI and XIV Const. Amends.? |
| 20-5868 |
Manuel Acosta-Lopez v. United States |
Ninth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
in a run-of-the-mill drug smuggling case between is a participant who had a managerial role in the criminal-law criminal-procedure drug-smuggling drug-trafficking managerial-role mexico-united-states-border mexico-us-relations minor-role participant-classification role-adjustment role-in-offense sentencing-guidelines |
Whether a participant with a managerial role is excluded from being considered an 'average participant' for USSG § 3B1.2 minor role comparison |
| 20-5870 |
Demarcus Clark v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure dna-analysis due-process evidence expert-testimony sixth-amendment |
Did the State's admission of the ill-court testimony and OWA report of a Surrogate DWA analyst in lieu of the actual testing DWA analyst and DWA repor… |
| 20-5875 |
Terrence D. Marsh v. United States |
Fourth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
18-usc-924c 6th-amendment criminal-procedure defense-right evidence firearm-prosecution firearms rosemond-precedent rosemond-v-united-states section-924c sixth-amendment statements-against-interest |
Whether the Court violated Rosemond v. United States, 572 U.S. 65 (2014), when finding Marsh had advance knowledge of the presence of a firearm in his… |
| 20-5877 |
Demetrius Cherilus Morancy v. United States |
Eleventh Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
18-usc-3013 criminal-law criminal-procedure federal-statute legal-procedure offenses-against-the-united-states sentencing special-assessment statutory-interpretation |
Whether the special assessment required by 18 U.S.C. Section 3013 applies to all offenses or only offenses against the United States |
| 20-5879 |
Michael Matthew Phillips v. United States |
Fourth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
4th-amendment constructive-possession criminal-law criminal-procedure evidence felon-in-possession firearm-evidence rule-404b rules-of-evidence witness-testimony |
Whether evidence that a defendant walked with a person to a public place where the other person retrieved a firearm is sufficient to show that the def… |
| 20-5880 |
Deepak Deshpande v. United States |
Eleventh Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction meaningful-access statutory-interpretation transcript |
Whether the petitioner's right to meaningful access to the courts and meaningful appeal of a criminal conviction was violated by the lower courts' den… |
| 20-5881 |
Jose Vincente Lira-Ramirez v. United States |
Tenth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process immigration immigration-law jurisdiction jurisdictional-defect noncitizen-rights notice removal removal-proceedings unlawful-reentry |
Does the Due Process Clause permit a noncitizen to be convicted under 8 U.S.C. § 1326 for unlawful reentry into the United States if the noncitizen wa… |
| 20-5882 |
Omero Nino-Guerrero v. United States |
Fifth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5883 |
Kyle Patrick Comrie v. California |
California |
2020-10-01 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process felony-murder jury-findings jury-instructions reasonable-doubt sandstrom sufficiency-of-evidence |
Did the trial court permit prejudicial error by allowing the jury to find first-degree murder without specific findings of fact on each required eleme… |
| 20-5884 |
Charles Chad Giese v. California |
California |
2020-10-01 |
Denied |
Response WaivedIFP |
criminal-procedure custodial-interrogation due-process miranda-rights prosecutorial-misconduct right-to-counsel right-to-defense self-defense self-incrimination |
Did Police Violate Giese's Miranda Rights by Interrogating Him While He was in Custody? |
| 20-5850 |
Aaron Keith Avery v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
arbitrary-questioning border-patrol civil-rights criminal-procedure fourth-amendment immigration-checkpoint martinez-fuerte programmatic-purpose united-states-v-martinez-fuerte |
Does the Border Patrol's unfettered and arbitrary questioning of those stopped at an immigration checkpoint to ferret out crime go beyond the limited … |
| 20-5851 |
John Christopher Badgett v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure due-process fifth-circuit judicial-discretion sentencing sentencing-review substantive-reasonableness united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 20-5852 |
Robert Louis Brandon v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Relisted (3)IFP |
appellate-review automatic-reversal circuit-split criminal-procedure guilty-plea prejudice-inquiry rehaif-error rehaif-v-united-states structural-error |
Is a district court's error under Rehaif v. United States a structural error that warrants automatic reversal of a guilty plea? |
| 20-5853 |
Ubaldo Gabriel Acosta-Leyva v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing drug-guidelines drug-offense due-process empirical-basis fifth-circuit presumption-of-reasonableness sentencing-guidelines |
Whether a sentence produced by the drug guideline, §2D1.1, is not entitled to a presumption of reasonableness on appeal |
| 20-5854 |
Trumaine Muller v. United States |
Eleventh Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-offense drug-offenses intervening-act jury-instruction jury-instructions mens-rea plain-error proximate-cause |
Whether the trial court committed plain error in failing to instruct the jury that the government had to prove mens rea as to each drug offense and th… |
| 20-5860 |
Miguel Antonio Wooten v. Warren L. Montgomery, Warden |
Ninth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
county-of-riverside-v-mclaughlin criminal-procedure due-process effective-assistance-of-counsel fourth-amendment habeas-corpus probable-cause sixth-amendment |
Whether petitioner's Sixth Amendment right to effective assistance of counsel was violated |
| 20-5862 |
Markey Antonio Goldston v. United States |
Fourth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-rights constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-overreach plea-agreement plea-bargaining |
Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement? |
| 20-5834 |
Jose Rufino Garcia-Chicol v. Arkansas |
Arkansas |
2020-09-29 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure due-process fair-trial foreign-national language-rights standing translation-services |
Whether the Second Amendment's protections of a 'well-regulated Militia' under the Framers, Constitution, and Statutes of the United States of America… |
| 20-5840 |
James Robert Miller v. United States |
Ninth Circuit |
2020-09-29 |
Denied |
IFP |
conflict-of-interest criminal-procedure due-process ethical-violations federal-jurisdiction indictment-dismissal prosecutorial-misconduct recusal |
Whether a prosecutor's initiation of an investigation in a case in which he has a personal and financial interest, and subsequent continued involvemen… |
| 20-400 |
James Avery, Jr. v. United States |
Eleventh Circuit |
2020-09-29 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
armed-career-criminal-act burglary-statute circuit-split criminal-procedure divisibility divisible-statute sentence-enhancement statutory-interpretation |
Whether a state burglary statute is divisible for purposes of a sentence enhancement under the Armed Career Criminal Act |
| 20-401 |
Devan Pierson v. United States |
Seventh Circuit |
2020-09-28 |
Denied |
|
circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury grand-jury-clause plain-error prejudice rule-52b substantial-rights |
What test should be used to determine prejudice from a constructive amendment under Rule 52(b)? |
| 20-5768 |
RaySean D. Barber v. Todd Wasmer, Warden |
Eighth Circuit |
2020-09-28 |
Denied |
IFP |
criminal-procedure due-process effective-assistance-of-counsel factual-basis information motor-vehicle-operation plea-colloquy proximate-cause |
Was Appellant denied Due Process of Law and Effective Assistance of Counsel? |
| 20-5803 |
Raymond Brown v. Pennsylvania |
Pennsylvania |
2020-09-28 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection federalism fourteenth-amendment petition-for-review standing state-court supreme-court-rules |
Did the Pennsylvania Supreme Court decide on a constitutional question that conflicts with a decision of another state court and the Supreme Court Rul… |
| 20-5805 |
Ian Resnick v. United States |
Third Circuit |
2020-09-28 |
Denied |
Response WaivedIFP |
confrontation-clause crawford-v-washington criminal-procedure due-process fraud-loss overview-testimony sentencing-guidelines sixth-amendment testimonial-statements |
Whether the Confrontation Clause permits the admission of an accuser's statement against a criminal defendant under the guise of 'overview testimony' |
| 20-5821 |
Calvin Simpson v. Illinois |
Illinois |
2020-09-28 |
Denied |
IFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sexual-assault due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct sexual-assault |
Whether the defendant's 6th Amendment right to effective assistance of counsel was violated when his trial counsel failed to present evidence of the e… |
| 20-5824 |
Trenard Caldwell v. United States |
Eleventh Circuit |
2020-09-28 |
Denied |
Relisted (3)IFP |
criminal-procedure due-process eleventh-circuit fourth-circuit guilty-plea plea-withdrawal rehaif-standard rehaif-v-united-states statutory-interpretation structural-error |
Whether a defendant's guilty plea to a violation of 18 U.S.C. §922(g) is reversible error per se where the plea was neither knowing nor voluntary due … |
| 20-5825 |
Larry Lamar Nance v. United States |
Fourth Circuit |
2020-09-28 |
Denied |
Response WaivedIFP |
appellate-review central-thesis circuit-split criminal-procedure due-process judicial-discretion mitigation mitigation-arguments sentencing sentencing-review |
Whether a sentencing court must address all material, non-frivolous arguments in mitigation |
| 20-5827 |
Michael R. Spengler v. Alex Villanueva |
Ninth Circuit |
2020-09-28 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure custody-claims due-process extraordinary-circumstances habeas-corpus legal-abuse petition-review standing |
whether-28-usc-2241-authorizes-relief-for-extraordinary-circumstances-that-may-violate-defendants-constitutional-rights |
| 20-5812 |
Jason Andrew Dunlap v. United States |
Ninth Circuit |
2020-09-25 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure defendant-responsibility federal-sentencing guilty-plea offense-level plea-bargaining sentencing-guidelines |
Whether the sentencing Guidelines limit the maximum offense level to 43, so that, there is a reduction when a defendant accepts responsibility by ente… |
| 20-5813 |
Glenn Young v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-09-25 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment jury-conviction jury-trial non-unanimous-verdict sixth-amendment |
Is the State's evidence sufficient to sustain Young's nonunanimous conviction? |
| 20-5814 |
Anthony Kinta Webb v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-09-25 |
Denied |
Relisted (2)IFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment jury-selection probable-cause public-trial search-and-seizure |
Whether the Sixth Amendment right to a public trial applies to jury selection proceedings |
| 20-5815 |
In Re Seth John Wilcox |
|
2020-09-25 |
Denied |
Response WaivedIFP |
civil-rights constitutional-provisions criminal-procedure due-process federalism fundamental-rights grand-jury hurtado-v-california supremacy-clause |
Can a state create and enforce contrary law that deprives its citizens of their fundamental rights, guaranteed by the United States Constitution? |
| 20-5816 |
Jose Antonio Acevedo-Lemus v. United States |
Ninth Circuit |
2020-09-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error probable-cause search-warrant suppression-motion waiver |
Whether a new theory raised on appeal in support of a suppression motion is reviewable for plain error or under Rule 12's good-cause standard |
| 20-390 |
Brandan A. Mack v. Florida |
Florida |
2020-09-25 |
Denied |
Response Waived |
child-pornography civil-rights criminal-offense criminal-procedure due-process felony-penalty juvenile-offender sex-offender-registration |
Whether a state may subject a juvenile offender to long-term sex offender registration requirements following conviction for possession of child porno… |
| 20-5773 |
William C. McGee v. United States |
Eighth Circuit |
2020-09-24 |
Denied |
Relisted (4)IFP |
armed-career-criminal-act criminal-procedure essential-element judicial-determination jury-instructions jury-trial sixth-amendment structural-error |
Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness |
| 20-5781 |
Abdur-Rashid Muhammad v. Nebraska |
Nebraska |
2020-09-24 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel jurisdiction plea-agreement subject-matter-jurisdiction void-conviction |
habeas-corpus |
| 20-5783 |
Chia Jean Lee v. United States |
Fifth Circuit |
2020-09-24 |
Denied |
Response WaivedIFP |
appellate-review chapman-v-california circuit-split constitutional-standard criminal-procedure deliberate-indifference harmless-error jury-instruction jury-instructions standard-of-review |
Whether the Fifth Circuit should apply the Chapman beyond a reasonable doubt standard rather than the substantial evidence standard to consider the ha… |
| 20-5784 |
Cedric Jeffries v. Ohio |
Ohio |
2020-09-24 |
Denied |
IFP |
complaining-witness confrontation confrontation-clause constitutional-rights due-process evidence prior-sexual-assault rape-shield-law sexual-assault witness-testimony |
Does a State rape-shield law violate the Constitutional rights to confrontation and due process? |
| 20-5788 |
Edward James Wilkins v. Washington |
Washington |
2020-09-24 |
Denied |
IFP |
6th-amendment capital-punishment civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief |
Whether Mr. Wilkins' 6th Amendment constitutional right to a constitutionally sufficient trial was violated |
| 20-5794 |
Scott T. Wilbert v. United States |
Second Circuit |
2020-09-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure fourth-amendment franks-hearing probable-cause search-and-seizure second-circuit suppression-motion |
Should certiorari be granted due to improper affirmation of Fourth Amendment suppression motion denial? |
| 20-5797 |
Jeffrey Murray v. Rhode Island |
Rhode Island |
2020-09-24 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure due-process judicial-determination probable-cause probation-violation standing warrantless-arrest |
Whether a summons must issue prior to the issuance of a bench warrant |
| 20-5799 |
Lorenzo Davis v. United States |
Sixth Circuit |
2020-09-24 |
Denied |
Response WaivedIFP |
acquitted-conduct constitutional-law criminal-law criminal-procedure double-jeopardy due-process judicial-discretion sentencing sentencing-guidelines |
Whether a criminal defendant's sentence should be based upon acquitted conduct |
| 20-5765 |
Daniel F. Borden, Sr. v. Gary Swarthout, Warden |
Ninth Circuit |
2020-09-23 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence exculpatory-evidence probable-cause prosecutorial-misconduct |
Whether exculpatory material evidence that would exonerate a person is required to be disclosed by the prosecution |
| 20-5775 |
Natalie Angeles v. United States |
Fifth Circuit |
2020-09-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
acceptance-of-responsibility criminal-procedure harm-analysis judicial-coercion presentence-report sentencing structural-error |
Does a district court coerce the Defendant to withdraw her objections to findings in the Presentence Report where the court informs the Defendant that… |
| 20-5776 |
Joel Thomas Augard v. United States |
Eighth Circuit |
2020-09-23 |
Denied |
IFP |
4th-amendment affidavit criminal-procedure exclusionary-rule good-faith good-faith-exception probable-cause search-warrant warrant-execution |
Whether the good-faith analysis prohibits consideration of facts not included in the search-warrant affidavit? |
| 20-5778 |
David Davalos, Sr. v. United States |
Fifth Circuit |
2020-09-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure criminal-procedure-rules district-court-jurisdiction federal-rules forfeiture forfeiture-order jurisdiction money-judgment notice-of-appeal time-limits |
Whether a district court exceeds its jurisdiction by entering a preliminary order of forfeiture and an order of money judgment beyond the time limits … |
| 20-5780 |
D. W. v. California |
California |
2020-09-23 |
Denied |
IFP |
amendment criminal-procedure due-process fourteenth-amendment juvenile-court notice petition-amendment prosecutorial-discretion trial-procedure |
Did The Juvenile Court Violate A Minor's Right To Due Process Under The Fourteenth Amendment When It Granted The Prosecutor's Request To Amend A Petit… |
| 20-5751 |
Pedro Fernandez-de Campa v. United States |
Eleventh Circuit |
2020-09-21 |
Denied |
Response WaivedIFP |
case-law certiorari-petition criminal-law criminal-procedure due-process judicial-reconsideration precedent precedent-review sentencing stare-decisis statutory-interpretation supreme-court-review |
Whether Al/mendarez-Torres v. United States, 523 U.S. 224 (1998), should be overruled |
| 20-5752 |
Christopher Aundre Faulkner, aka Christopher A. Faulkner v. United States |
Fifth Circuit |
2020-09-21 |
Denied |
Response WaivedIFP |
criminal-procedure discovery discovery-obligations due-process fifth-amendment government-diligence government-misconduct pretrial-detention |
Whether a prolonged length of pretrial detention violates the Due Process Clause of the Fifth Amendment because the government has failed to exercise … |
| 20-5750 |
Chester Alan Staples v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-09-18 |
Denied |
Relisted (2)IFP |
appellate-jurisdiction appellate-procedure certificate-of-appealability criminal-procedure due-process fifth-circuit habeas-corpus judicial-review standard-of-review |
Did the United States Court of Appeals for the Fifth Circuit err in denying my motion (Stanles) for a Certificate of Appealability? |
| 20-5759 |
Charles C. Williamson v. United States |
Fourth Circuit |
2020-09-18 |
Denied |
Response WaivedIFP |
accomplice-liability criminal-procedure drug-quantity drug-weight judicial-interpretation relevant-conduct sentencing-guidelines standard-of-review statutory-interpretation |
Whether the district court and circuit court misinterpreted and misapplied the 'relevant conduct' provisions of United States Sentencing Commission, G… |
| 20-5730 |
Jimmie Butler v. United States |
Sixth Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
appellate-review career-offender criminal-procedure criminal-sentencing due-process harmless-error judicial-discretion sentencing-enhancement standard-of-review |
Whether the district court's improper designation of the petitioner as a career offender was harmless error and whether the court of appeals improperl… |
| 20-5734 |
Alfred Flores, III v. California |
California |
2020-09-17 |
Denied |
IFP |
capital-punishment constitutional-requirements criminal-procedure criminal-sentencing death-penalty due-process jury-findings jury-trial reasonable-doubt ring-v-arizona sentencing |
whether-california's-death-penalty-scheme-violates-the-constitutional-requirement-that-any-fact-that-increases-the-penalty-for-a-crime-must-be-found-b… |
| 20-5735 |
Michael Dean Perry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-09-17 |
Denied |
Relisted (2)IFP |
antiterrorism-act civil-rights constitutional-rights criminal-procedure due-process federal-courts federal-review habeas-corpus standing state-court-review |
Whether the Suspension Clause of the U.S. Constitution requires federal courts to review the merits of a habeas corpus petition challenging the legali… |
| 20-5737 |
Jesse Lewis v. United States |
Eleventh Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process juror-misconduct jury-impartiality jury-selection religious-bias sex-trafficking sixth-amendment |
Whether the presence of a juror with religious bias violated the defendant's Sixth Amendment right to an impartial jury |
| 20-5738 |
Willie Hugh Washington v. United States |
Fifth Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu 139-S-Ct-2369 certiorari constitutional-law criminal-procedure due-process fifth-circuit sentence-vacatur sentencing united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 20-5740 |
Edward Mahan v. United States |
Fifth Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
18-USC-3553a appeal criminal-procedure downward-adjustment drug-offense due-process government-misconduct plea-agreement safety-valve sentencing sentencing-guidelines |
Did the district court err by allowing the government to violate the plea agreement? |
| 20-5741 |
Juan Gabriel Sanchez-Hernandez v. United States |
Fifth Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jury-trial recidivism sentencing Sixth-Amendment |
Should the Court overrule Almendarez-Torres v. United States? |
| 20-5742 |
David Tachay Heard v. United States |
Eighth Circuit |
2020-09-17 |
Denied |
Relisted (3)IFP |
appellate-review criminal-procedure cross-racial-identification due-process eyewitness-identification federal-standard jury-instruction jury-instructions plain-error standard-of-review |
Should federal district courts be required to give a cautionary jury instruction, upon a defendant's request, to guide the jury's evaluation of eyewit… |
| 20-5746 |
Brandon Thomas Finnesy v. United States |
Tenth Circuit |
2020-09-17 |
Denied |
IFP |
28-usc-636 consent-jurisdiction criminal-procedure federal-courts federal-criminal-procedure guilty-plea judicial-consent magistrate-judge statutory-interpretation |
Whether 28 U.S.C. § 636(b)(3) authorizes a federal magistrate judge to accept a guilty plea with the parties' consent? |
| 20-5747 |
Ryan Nicholas Haynes v. United States |
Eighth Circuit |
2020-09-17 |
Denied |
Relisted (4)IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process law-enforcement passenger-rights passenger-search plain-error-review search-and-seizure traffic-stop |
Whether a traffic stop of a bus for a minor traffic violation allows law enforcement to order all passengers off the bus to be searched? |
| 20-5706 |
Mark Berg v. United States |
Tenth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure evidence evidence-review legal-determination standard-of-review suppression-hearing suppression-ruling |
When reviewing a suppression ruling on appeal, should the appellate court view the evidence in the light most favorable to the prevailing party or rev… |
| 20-5711 |
David Smith-Garcia, fka David Garwood Atwood, II v. United States |
Fifth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
consecutive-sentences criminal-procedure fifth-circuit plain-error-review sentencing supervised-release |
Whether the district court erred by ordering two terms of imprisonment to run consecutive in the subject third supervised release revocation proceedin… |
| 20-5712 |
Marcus Vernell Coleman v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process fifth-circuit ineffective-assistance new-trial prejudice right-of-confrontation strickland-standard strickland-v-washington |
Did the federal Fifth Circuit Court of Appeal apply the correct legal standard in accordance to Strickland's prejudicial prong when petitioner(s) righ… |
| 20-5715 |
Martin Rogelio Longoria v. United States |
Fifth Circuit |
2020-09-16 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
at sentencing may withhold a motion for a third-level reduction acceptance-of-responsibility circuit-split criminal-procedure government-discretion motion-to-suppress plea-bargaining sentencing-guidelines |
Whether the government, at sentencing, may withhold a motion for a third-level reduction for acceptance of responsibility under USSG § 3E1.1(b) on the… |
| 20-5720 |
Martin Garcia-Moreno v. United States |
Ninth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process elements-of-offense immigration-law jury-trial prior-conviction sentencing-factors sixth-amendment |
Should the Court finally overrule Almendarez-Torres? |
| 20-5722 |
Stanley J. Carter v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights criminal-procedure due-process fourteenth-amendment liberty-interest speedy-trial state-law |
Does a Criminal defendant have a Fourteenth Amendment Constitutional Protection against the arbitrary deprivation by a state of one's State created li… |
| 20-5727 |
Martez LaJuan Edwards v. United States |
Sixth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment jury probable-cause search-and-seizure standing |
Question not identified |
| 20-5728 |
Derrick A. Dotson v. Louisiana |
Louisiana |
2020-09-16 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
batson-challenge collateral-review criminal-procedure equal-protection jury-selection jury-trial ramos-retroactivity retroactivity sixth-amendment teague-standard |
Whether Ramos v. Louisiana applies to cases on state collateral review |
| 20-354 |
In Re Lorcan Kilroy |
|
2020-09-16 |
Denied |
|
civil-rights criminal-obstruction criminal-procedure due-process federal-investigation judicial-review kamala-harris ninth-circuit political-bias standing |
Whether or not democrat political bias to protect Sen. Kamala Harris from exposure to criminal prosecution existed |
| 20-348 |
Gregory Shawn Mercer v. E. A. Vega |
Fourth Circuit |
2020-09-15 |
Denied |
Response WaivedRelisted (2) |
circuit-split criminal-law criminal-procedure due-process guarantee-clause jury-trial sentencing statutory-interpretation summary-judgment supreme-clause |
Whether a Circuit Split has arisen over the interpretation of 18 U.S.C. §924(e)(1) regarding simultaneous crimes |
| 20-5700 |
Antonio Moss v. Florida |
Florida |
2020-09-15 |
Denied |
Response WaivedIFP |
administrative-law agency-regulations civil-rights constitutional-review criminal-procedure due-process equal-protection judicial-interpretation judicial-review sentencing statutory-construction |
Why did a defendant's due process and equal protection rights be violated by the lower court's failure to address a defendant's sentencing error that … |
| 20-5704 |
Leonard Borden v. United States |
Fifth Circuit |
2020-09-15 |
Denied |
Response WaivedIFP |
burden-of-proof co-conspirator-testimony criminal-procedure due-process factual-statements guideline-application preponderance-of-evidence presentence-report sentencing-guidelines sentencing-hearing |
does a defendant have an obligation to prove the facts in the PSR are inaccurate or untrue after the defendant objects to the factual statements and t… |
| 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? |
| 20-5709 |
Rickey Cole v. United States |
Fifth Circuit |
2020-09-15 |
Denied |
Response WaivedIFP |
and proven to a jury beyond a reasonable doubt? placed in the indictment burden-of-proof constitutional-law criminal-procedure due-process federal-sentencing grand-jury indictment jury-trial sentencing sentencing-guidelines |
Whether facts that affect the minimum or maximum reasonable federal sentence must be found by a grand jury, placed in the indictment, and proven to a … |
| 20-5710 |
Jaime E. Coca-Ortiz v. United States |
Fifth Circuit |
2020-09-15 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5691 |
In Re Freeman Berry |
|
2020-09-14 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process guilty-plea indictment jurisdiction jurisdictional-authority plea-agreement |
Does the United States Government retain the inherent right to bind this Petitioner and other Defendants to a guilty plea contract it drafted containi… |
| 20-5692 |
Johnathon Nico Wise v. United States |
Fifth Circuit |
2020-09-14 |
Denied |
Response WaivedIFP |
criminal-procedure error-preservation federal-rules-of-criminal-procedure fifth-circuit judgment-of-acquittal legal-motion preservation-of-error rule-29 standard-of-review sufficiency-of-evidence |
Whether specific grounds must be identified in a Rule 29 motion for judgment of acquittal to preserve error? |
| 20-5655 |
Casye Necole Richardson v. United States |
Fifth Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-5658 |
Martin Racioppi v. United States |
Third Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
categorical-approach criminal-law criminal-procedure divisibility divisible-statute mathis-standard mathis-v-united-states robbery-statute state-law-interpretation statutory-interpretation third-circuit |
Whether the Third Circuit's approach to determining that New Jersey's second-degree robbery statute is divisible is contrary to Mathis v. United State… |
| 20-5663 |
Anthony Thomas Buonaiuto, III v. Pennsylvania |
Pennsylvania |
2020-09-11 |
Denied |
IFP |
constitutional-law criminal-procedure due-process ex-post-facto jurisdictional-exception post-conviction-relief retroactive-applicability retroactivity sexual-offender-registration state-collateral-review substantive-rules |
Whether federal law renders the Supreme Court of Pennsylvania in legal error, where the Supreme Court of Pennsylvania committed legal error by failing… |
| 20-5665 |
Nathaniel Marcus Gann v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2020-09-11 |
Denied |
IFP |
confrontation-clause constitutional-law criminal-procedure due-process evidence evidence-admissibility habeas-corpus testimonial-statements |
Is the admission of irrelevant or overtly prejudicial evidence a due process violation? |
| 20-5666 |
Cristian Mendoza v. United States |
Fifth Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility advisory-sentencing criminal-procedure due-process guilty-plea plea-agreement sentencing-guidelines sentencing-range |
Whether a defendant who enters a guilty plea pursuant to a plea agreement that includes a purported inducement that he will receive an acceptance of r… |
| 20-5674 |
In Re James Ward |
|
2020-09-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance missouri-v-frye plea-bargaining sentencing sixth-amendment strickland-standard strickland-v-washington |
Ineffective-assistance-of-counsel |
| 20-5676 |
Leon Venegas, Jr. v. Randee Rewerts, Warden |
Sixth Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure due-process effective-assistance-of-counsel exculpatory-evidence faretta-inquiry ineffective-assistance jury-selection self-representation timely-request |
Does a state trial court deprive a criminal defendant of their constitutional right to self-representation? |
| 20-326 |
Mitchell J. Stein v. United States |
Eleventh Circuit |
2020-09-11 |
Denied |
Amici (2) |
constitutional-rights criminal-procedure criminal-prosecution discovery due-process exculpatory-evidence false-testimony government-misconduct prosecutorial-misconduct |
Whether the Due Process Clause excuses the government's knowing use of false testimony in a criminal prosecution so long as the government divulged ev… |
| 20-317 |
Dakai Chavis v. Delaware |
Delaware |
2020-09-10 |
Denied |
Response RequestedResponse WaivedRelisted (4) |
confrontation-clause criminal-procedure dna-evidence evidence-admissibility multi-analyst-testing out-of-court-statements testimonial-statements |
Whether the Confrontation Clause permits DNA evidence obtained as the result of a multi-analyst testing process to be introduced against the defendant… |
| 20-5636 |
Miguel Figueroa v. United States |
Second Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure due-process federal-jurisdiction gun-statute plea-bargaining plea-colloquy predicate-offense sentencing sentencing-enhancement statutory-interpretation |
Whether a defendant's statement during a plea colloquy admitting conduct that could serve as a predicate for a conviction for use of a gun under 18 U.… |
| 20-5650 |
Carlos Cruz-Rivera v. United States |
First Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure firearms firearms-conviction first-step-act judicial-review retroactivity sentencing sentencing-enhancement statutory-interpretation |
Whether 18 U.S.C. § 924(c)(1)(C) precludes aggravated punishment for second firearms convictions unless the second violation 'occurs after a prior con… |
| 20-5651 |
Christopher R. Gish v. Randall Hepp, Warden |
Seventh Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure hill-v-lockhart immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states plea-bargaining prejudice-standard |
Whether Lee v. United States represents a narrow exception to Hill v. Lockhart's more general rule that is focused on the likelihood of success at tri… |
| 20-5652 |
Daniel L. Lopez v. United States |
Eighth Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
28-usc-2255 circuit-split criminal-procedure federal-habeas-corpus habeas-corpus johnson-v-united-states motion-to-vacate sentencing statute-of-limitations |
Whether Lopez's 28 USC Section 2255(a) Motion was timely filed under Johnson v United States |
| 20-5653 |
Hermenegildo Margarito Espinoza Espinoza v. United States |
Fifth Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5656 |
Priscilla Ann Ellis v. United States |
Eleventh Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
criminal-conspiracy criminal-procedure district-prosecution due-process jurisdiction jurisdictional-challenge overt-act venue venue-requirement |
Does proof of venue require that at least one defendant charged in a criminal conspiracy case have participated in an overt act in furtherance of the … |
| 20-5620 |
Ivan Soto-Barraza and Jesus Lionel Sanchez-Meza v. United States |
Ninth Circuit |
2020-09-09 |
Denied |
Response WaivedIFP |
consent conspiracy constructive-amendment criminal-procedure extortion hobbs-act jury-instructions robbery |
Can a conviction for conspiracy to commit robbery and attempted interference with commerce by robbery stand if the jury was instructed on the elements… |
| 20-5622 |
Larry E. Starks, Jr. v. United States District Court for the Central District of Illinois |
Seventh Circuit |
2020-09-09 |
Denied |
Response WaivedIFP |
career-offender constitutional-rights criminal-procedure fifth-amendment judicial-discretion sentencing sentencing-enhancement statutory-interpretation tenth-amendment |
Whether the court of appeals erred in terminating the inquiry into whether the petitioner met the requirements for a writ of certiorari |
| 20-5623 |
Maksim Stefanyuk v. United States |
Eighth Circuit |
2020-09-09 |
Denied |
Response WaivedRelisted (2)IFP |
brady-rule criminal-procedure due-process evidence evidence-destruction exculpatory-evidence government-misconduct spoliation trial-rights |
When a defendant's requested exculpatory evidence is destroyed by the government prior to trial, should the trial proceed? |
| 20-5626 |
Monte Whitehead v. New Mexico |
New Mexico |
2020-09-09 |
Denied |
IFP |
bill-of-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-counsel plea-agreement plea-bargaining state-vs-federal-law |
Where New Mexico's anti-waiver statute violates double jeopardy |
| 20-5631 |
Riggin Valley v. Texas |
Texas |
2020-09-09 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct |
Whether the petitioner was denied effective assistance of counsel due to counsel's failure to investigate and present exculpatory evidence |
| 20-5632 |
Rick Shawn v. Eighth Judicial District Court of Nevada, Clark County |
Nevada |
2020-09-09 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief right-to-a-fair-trial |
Whether a criminal defendant is entitled to a new trial when defense counsel fails to raise a meritorious defense |
| 20-5639 |
TJ Cain, aka Thomas J. Cain v. United States |
Tenth Circuit |
2020-09-09 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure involuntary-confession miranda-rights plain-error pretrial-motion suppression-of-evidence |
When a criminal defendant does not timely file a pretrial motion raising a claim covered by Federal-Rule-of-Criminal-Procedure-12(b)(8), is his claim … |
| 20-5642 |
Christopher Wooten v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-09-09 |
Denied |
IFP |
civil-rights criminal-procedure due-process felony plea-bargaining sentencing |
Whether the court erred in denying petitioner's motion to dismiss the indictment |
| 20-302 |
Steven Dotson v. United States |
Seventh Circuit |
2020-09-09 |
Denied |
Response WaivedRelisted (3) |
armed-career-criminal-act collateral-review criminal-procedure due-process judicial-review predicate-convictions sentencing-enhancement statutory-interpretation substitute-predicate-convictions |
If a defendant successfully challenges on collateral review one or more of the predicate convictions that the district court relied on to impose a sen… |
| 20-306 |
Robert Olan and Theodore Huber v. United States |
Second Circuit |
2020-09-09 |
GVR |
Amici (2) |
conversion criminal-procedure dirks-v-sec fraud fraud-statute government-regulation insider-trading personal-benefit property-rights securities-law |
Whether information about a proposed government regulation is 'property' or a 'thing of value' belonging to a federal, state, or local regulator such … |
| 20-294 |
Lamont Kortez Gaines v. United States |
Fourth Circuit |
2020-09-08 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split crime-of-violence criminal-procedure due-process equipoise evidence evidence-standard hobbs-act motion-for-acquittal standard-of-review statutory-interpretation |
Whether a trial court must grant a motion for acquittal when, in viewing the evidence in the light most favorable to the prosecution, the evidence pro… |
| 20-5600 |
Jason Lee Harris v. Arizona, et al. |
Ninth Circuit |
2020-09-08 |
Denied |
IFP |
administrative-law civil-procedure court-procedure due-process evidence judicial-discretion judicial-review legal-rights relief-petition standing statutory-interpretation |
When Preponderance of the Evidence Suffices Inference and Courts Judicial Notice |
| 20-5603 |
Michael A. Glover v. Pennsylvania |
Pennsylvania |
2020-09-08 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process equal-protection evidence-sufficiency reasonable-doubt sufficiency-of-evidence |
Did the Pennsylvania state courts violate the petitioner's 5th and 14th amendment rights when they found the petitioner guilty despite insufficient ev… |
| 20-5604 |
Atorbe Aaron Isibor v. United States |
Ninth Circuit |
2020-09-08 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure federal-rules forfeiture olano venue venue-insufficiency waiver waiver-doctrine |
Whether a defendant who argues for the first time on appeal that the government failed to meet its burden to prove venue waives the issue or merely fo… |
| 20-5605 |
In Re Eric Wallace Koehl |
|
2020-09-08 |
Denied |
Relisted (2)IFP |
6th-amendment civil-rights compulsory-process criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel public-trial racial-bias sixth-amendment |
Does a criminal defendant have a constitutional right to a public trial under the 6th Amendment to the United States Constitution? |
| 20-5606 |
Keith A. Brown v. Alberto Ramirez |
Ninth Circuit |
2020-09-08 |
Denied |
Response WaivedIFP |
burden-of-proof certificate-of-appealability constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment incompetent-defendant motion-to-suppress suppression-of-evidence |
When the state fails to carry its burden of proof in a motion to suppress hearing, is the remedy suppression of the evidence or can the state have a s… |
| 20-5607 |
In Re Billie J. Allen |
|
2020-09-08 |
Denied |
IFP |
criminal-procedure dna-evidence due-process ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief |
Whether the district court erred in denying Petitioner's motion for a new trial based on newly discovered evidence of negative DNA results that would … |
| 20-5610 |
Eric J. Brown v. Louisiana |
Louisiana |
2020-09-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure direct-appeal jury-unanimity juvenile-offenders retroactivity sentencing |
Whether a defendant whose conviction was final before Ramos v. Louisiana, but who is still on direct appeal from resentencing, is entitled to the bene… |
| 20-5612 |
Anthony Roy Brown v. United States |
Fifth Circuit |
2020-09-08 |
Denied |
Response WaivedIFP |
4th-amendment charging-instrument criminal-procedure due-process felony-sentencing intervening-arrest prior-sentences same-charging-instrument sentencing-guidelines |
Whether prior sentences imposed on the same day or in the same charging instrument should be counted separately or treated as a single sentence |
| 20-5616 |
Zachary Knotts v. West Virginia |
West Virginia |
2020-09-08 |
Denied |
Response WaivedIFP |
bench-trial competency-hearing constitutional-rights criminal-procedure double-jeopardy due-process indictment-disposition mental-competency proof-standard trial-jurisdiction |
if-defendant-not-competent-to-stand-trial |
| 20-5598 |
Gary Richardson v. Colorado |
Colorado |
2020-09-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure criminal-trial due-process family-member impartial-jury jury-selection sixth-amendment structural-error |
Whether a trial judge commits structural error violating a defendant's Sixth Amendment and due process rights to an impartial and independent jury by … |
| 20-5560 |
Briand Daniel Fechner v. United States |
Eighth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process eighth-circuit evidence evidentiary-rules propensity-evidence prosecutorial-misconduct search-and-seizure sixth-circuit |
Whether the prosecution may introduce child pornography videos at trial that were not found on the defendant's devices, but found in an outside invest… |
| 20-5568 |
Alex Alberto Castro v. United States |
Sixth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure evidence-law exclusionary-rule fourth-amendment motion-to-suppress search-and-seizure suppression-of-evidence wiretap-suppression wiretaps |
Whether the Court of Appeals erred in affirming the District Court's Order denying the defense motion to suppress wiretaps |
| 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… |
| 20-5580 |
Kyle Phillips v. Florida |
Florida |
2020-09-03 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process due-process-clause evidence-law evidentiary-rules fourteenth-amendment prior-act-evidence sexual-battery |
Whether it is a violation of the due process guaranteed by the Fourteenth Amendment for irrelevant prior-act evidence to be received in a criminal tri… |
| 20-5586 |
Jose Zamudio-Silva v. United States |
Ninth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure federal-sentencing sentencing-departures sentencing-guidelines substantive-reasonableness |
When considering guidelines rulings, should appellate courts review the decision to depart from the guideline range in the same way as other guideline… |
| 20-5571 |
Angel C. Pacheco v. Maine |
Maine |
2020-09-02 |
Denied |
Response WaivedIFP |
any-persons-present collective-searches criminal-procedure drug-trafficking fourth-amendment probable-cause search-warrant warrant-standard |
Whether the Fourth Amendment requires probable cause that each person present will possess evidence of a crime, or only that the collective searches o… |
| 20-5577 |
Malik Timbers v. United States |
Eleventh Circuit |
2020-09-02 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process guilty-plea minor-role-reduction plea-bargaining sentence-appeal-waiver sentencing sentencing-guidelines violence-enhancement weapon-enhancement |
Whether the guilty plea was voluntary and the sentence-appeal waiver enforceable |
| 20-5578 |
Steven Gerard Walker v. United States |
Ninth Circuit |
2020-09-02 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure federal-state-courts felon-in-possession mens-rea preponderance-of-evidence sentencing sentencing-enhancement violent-felony |
Whether a sentencing judge can find facts about a defendant's prior offenses |
| 20-5579 |
Israel Torres v. United States |
Ninth Circuit |
2020-09-02 |
Denied |
Amici (1)IFP |
as-applied-challenge constitutional-rights criminal-procedure criminal-prosecution due-process felon-in-possession firearm-possession second-amendment standing |
Whether an individual charged with violating a law barring the possession of firearms by felons can bring an as-applied Second Amendment challenge to … |
| 20-272 |
Maryland, et al. v. Jimmie Rogers |
Maryland |
2020-09-02 |
Denied |
Response Waived |
constitutional-interpretation criminal-procedure due-process fourteenth-amendment sentencing sex-offender-registration sixth-amendment |
Did the Court of Appeals of Maryland depart from this Court's decisions in Smith v. Doe and Apprendi v. New Jersey |
| 20-251 |
Willie Gipson v. Louisiana |
Louisiana |
2020-09-01 |
Dismissed |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rule criminal-procedure due-process judicial-precedent Ramos-retroactivity Ramos-v-Louisiana retroactivity state-collateral-review Teague-framework Teague-v-Lane |
Whether Ramos v. Louisiana applies to cases on state collateral review |
| 20-254 |
Kuang-Bao Ou-Young v. John G. Roberts, Jr., Chief Justice, Supreme Court of the United States, et al. |
Fourth Circuit |
2020-09-01 |
Denied |
Response WaivedRelisted (3) |
civil-rights competence-restoration criminal-action criminal-procedure district-court due-process federal-tort-claims-act habeas-corpus judicial-procedure standing |
Whether a three-judge court should have adjudged the FTCA case |
| 20-256 |
Zavian Munize Jordan v. United States |
Fourth Circuit |
2020-09-01 |
Denied |
Amici (2) |
18-usc-924c circuit-split criminal-procedure criminal-statute drug-trafficking firearm-possession predicate-crime statutory-interpretation violent-crime |
Whether separate convictions under 18 U.S.C. § 924(c)(1) require separate predicate crimes and separate acts of using, carrying, or possessing a firea… |
| 20-5543 |
Javier Galindo-Caballero v. United States |
Fifth Circuit |
2020-09-01 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-procedure legal-precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-5551 |
Ohio, ex rel. Jeremy Kerr v. Robert Pollex, et al. |
Ohio |
2020-09-01 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-challenge criminal-conviction criminal-procedure due-process evidentiary-sufficiency jurisdiction state-court state-court-judgment subject-matter-jurisdiction sufficiency-of-evidence |
Does a state court's judgment of conviction violate the 14th Amendment when the record is devoid of evidence proving the defendant committed an elemen… |
| 20-5555 |
Franklin C. Edwards v. Illinois |
Illinois |
2020-09-01 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure fourth-amendment investigatory-stop kansas-v-glover law-enforcement probable-cause reasonable-suspicion traffic-stop vehicle-search |
Whether the traffic stop was lawful where the police had no idea who the driver was but knew the registered owner of the vehicle was neither involved … |
| 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 |
Whether Louisiana's Rape Shield law and the lower courts' rulings contravened the defendant's Sixth Amendment confrontation right and due process at t… |
| 20-248 |
Irving F. Rounds, Jr. v. Charles Koch, et al. |
First Circuit |
2020-08-31 |
Denied |
Relisted (2) |
5th-amendment case-dismissal civil-procedure constitutional-rights due-process evidence fifth-amendment judicial-recusal procedural-fairness recusal standing |
Whether the lower courts deprived the petitioner of due process rights by failing to provide an opportunity to be heard, properly weigh the evidence, … |
| 20-5458 |
Fidel Alain Martin-Sosa v. United States |
Fifth Circuit |
2020-08-28 |
Denied |
Response WaivedIFP |
appellate-review clear-error criminal-procedure criminal-sentencing drug-conspiracy methamphetamine mitigating-role role-adjustment sentencing-guidelines standard-of-review |
Did the court of appeals err in holding that the district court's guidelines calculations did not constitute clear error where it denied a mitigating … |
| 20-5463 |
Rowmoto Rogers v. Gregory Skipper, Warden |
Sixth Circuit |
2020-08-28 |
Denied |
Response WaivedIFP |
closing-arguments constitutional-rights criminal-procedure due-process prosecutorial-misconduct trial-procedure witness-credibility |
Whether the prosecutor was improperly allowed to vouch for the credibility of his star witness during closing arguments, denying various constitutiona… |
| 20-5497 |
Marcus Simpson v. Court of Common Pleas of Ohio, Hamilton County, et al. |
Ohio |
2020-08-26 |
Dismissed |
Response WaivedRelisted (2)IFP |
abuse-of-discretion civil-rights criminal-procedure due-process judicial-usurpation mandamus perjury wrongful-conviction |
Whether perjury has amounted to and causes one or both the judicial usurpation of power or abuse of discretion by the trial court, therefore mandamus … |
| 20-5498 |
John Silvia, Jr. v. United States |
First Circuit |
2020-08-26 |
Denied |
Response WaivedIFP |
attorney-performance client-representation criminal-procedure discovery evidence-preservation exculpatory-evidence expert-consultation expert-witness ineffective-assistance ineffective-assistance-of-counsel subpoena witness-interview |
Whether an attorney provided effective assistance of counsel |
| 20-5499 |
Savannah Rolle v. United States |
Eleventh Circuit |
2020-08-26 |
Denied |
Relisted (3)IFP |
criminal-procedure due-process essential-elements guilty-plea plea-bargaining rehaif-precedent rehaif-v-united-states vacatur |
Whether a defendant's guilty plea entered before Rehaif v. United States, 139 S. Ct. 2191 (2020), in which the defendant was not advised of the essent… |
| 20-5505 |
Keith O. Johnson v. Florida |
Florida |
2020-08-26 |
Denied |
Response WaivedIFP |
competency competency-hearing constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment fundamental-error mental-health |
Whether a defendant can be proceeded against in a criminal proceeding where a question of the defendant's competency has been raised and recognized by… |
| 20-5506 |
Rodolfo Lopez, Jr. v. Indiana |
Indiana |
2020-08-26 |
Denied |
Response WaivedIFP |
bill-of-rights constitutional-rights criminal-procedure due-process indiana-criminal-rule-4 indiana-law sixth-amendment speedy-trial |
Did the trial court violate Mr. Lopez's right to a speedy trial under U.S. Constitution Sixth Amendment Bill of Rights recognized by the State of Indi… |
| 20-5507 |
Laci Landers v. United States |
Fifth Circuit |
2020-08-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure discretionary-review drug-offense guidelines judicial-review reasonableness reasonableness-standard revocation-sentence sentencing sentencing-guidelines totality-of-circumstances |
Whether the decision of the United States Court of Appeals for the Fifth Circuit has so far departed from the accepted and usual course of judicial pr… |
| 20-5519 |
Richard Wanke v. Illinois |
Illinois |
2020-08-26 |
Denied |
Response WaivedRelisted (2)IFP |
arrest arrest-initiation conflict-of-interest constitutional-rights criminal-procedure due-process prosecution prosecutorial-delay public-defender speedy-trial |
When does an arrest initiate prosecution for speedy trial purposes? |
| 20-5465 |
In Re Francisco Felix |
|
2020-08-25 |
Denied |
Response WaivedIFP |
28-usc-3231 actual-innocence cause-and-prejudice constitutional-violations criminal-procedure ineffective-assistance-of-counsel jury-instructions procedural-default subject-matter-jurisdiction |
Whether the government's defense, jury instructions, and denial of counsel were prejudicial |
| 20-5477 |
Elvis Henry Idada v. United States |
Ninth Circuit |
2020-08-25 |
Denied |
Response WaivedIFP |
access-to-justice constitutional-deprivation criminal-procedure defendants-rights discovery discovery-restrictions due-process government-limitations government-misconduct judicial-review sixth-amendment |
Should This Court Address the Sixth Amendment Deprivations Created by the Government's Pervasive Restrictions on Defendants' Access to Discovery? |
| 20-5478 |
Fernando Hernandez v. United States |
First Circuit |
2020-08-25 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure discretion domestic-violence drug-trafficking due-process sentencing sentencing-discretion |
Was Hernandez' due process rights violated when the district court abused its discretion in relying on Hernandez' domestic violence past in sentencing… |
| 20-5479 |
Santos Mondragon Benitez v. United States |
Fifth Circuit |
2020-08-25 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5490 |
William James Payton v. United States |
Fifth Circuit |
2020-08-25 |
Denied |
Response WaivedIFP |
3583(d)(2) criminal-procedure home-visit home-visits liberty-deprivation probation-officer statutory-interpretation statutory-purposes supervised-release |
Is a standard condition of supervised release too broad to comply with the directive under § 3583(d)(2) that a condition involve no greater deprivatio… |
| 20-5494 |
Ernest Ray Snow v. Indiana |
Indiana |
2020-08-25 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-warrant standard-of-review |
Does United State v. Leon, 468 U.S. 897 (1984), permit an appellate standard of review that requires an appellant to raise and rebut the applicability… |
| 20-221 |
Franqui Francisco Flores de Freitas v. United States |
Second Circuit |
2020-08-25 |
Denied |
Response Waived |
aircraft-transportation conscious-avoidance controlled-substances criminal-defendant criminal-intent deliberate-steps evidence jury-instruction knowledge sentencing-guidelines |
Can a jury be instructed on conscious-avoidance,criminal-defendant,knowledge,evidence,deliberate-steps |
| 20-5395 |
Marcus Tyler Sheffield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-08-24 |
Denied |
IFP |
5th-amendment criminal-procedure custodial-interrogation due-process miranda-rights police-questioning reasonable-person reasonable-person-standard self-incrimination |
Whether the police detective's assurance to Sheffield that he is free to leave on the condition that he make a truthful statement would lead a reasona… |
| 20-5453 |
Jose Luis Sanchez-Rosado v. United States |
Eleventh Circuit |
2020-08-24 |
Denied |
Relisted (3)IFP |
appellate-review circuit-split constitutional-error criminal-conviction criminal-procedure due-process fourth-circuit harmless-error involuntary-plea plea-bargaining plea-colloquy standard-of-review |
Whether an unconstitutional conviction based on a plea colloquy that omitted an element of the offense must be reversed where the defendant objected t… |
| 20-5454 |
Mark Shields v. R. C. Smith, Warden, et al. |
Tenth Circuit |
2020-08-24 |
Denied |
IFP |
civil-rights criminal-procedure due-process ex-post-facto judicial-individualization parole parole-considerations sentencing sentencing-rights stage-1-calculation standing takings |
Whether a specified § 333.7 C1 stage-1, Cig bl Le Review' initial hearing' can be considered a actual product for a mandated judicial individualized P… |
| 20-5468 |
Corey Manning v. Michigan |
Michigan |
2020-08-24 |
Denied |
IFP |
competency-hearing competency-to-stand-trial constitutional-rights criminal-procedure critical-stages due-process fair-trial judicial-procedure right-to-be-present supreme-court-precedent trial-presence |
Whether defendant-appellant was denied his constitutional right to be present at all critical stages of trial |
| 20-5472 |
Henry Dailey v. United States |
Eighth Circuit |
2020-08-24 |
Denied |
Response WaivedIFP |
civil-rights constitutional-authority criminal-procedure due-process federal-law jurisdictional-challenge restitution sentencing state-law statutory-interpretation |
Whether the district court had legal and constitutional authority to impose restitution, in light of the clause in 18 U.S.C. 3231, and Mo. Rev. Stat. … |
| 20-5473 |
Andres Chavez v. United States |
Fifth Circuit |
2020-08-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing |
Whether Chavez was denied due process when he was misled into entering a guilty plea |
| 20-5439 |
Jesse Santibanez v. United States |
Fifth Circuit |
2020-08-21 |
Denied |
Response WaivedIFP |
ABUSE-OF-DISCRETION CONFRONTATION-CLAUSE confrontation-right CRIMINAL-PROCEDURE CROSS-EXAMINATION district-court-discretion SIXTH-AMENDMENT WITNESS-CREDIBILITY witness-testimony |
Did the District Court violate Santibanez's Sixth Amendment right to confront witness Evangeline Perez Vela against him? |
| 20-5440 |
Jose Tejada v. Massachusetts |
Massachusetts |
2020-08-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equal-protection ethnic-bias fourteenth-amendment jury-selection sixth-amendment |
whether-the-right-to-a-fair-trial-requires-questioning-prospective-jurors-on-bias-against-hispanics |
| 20-5445 |
Jelani Walker v. Ed Sheldon, Warden |
Sixth Circuit |
2020-08-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-courts federal-review habeas-corpus judicial-procedure merits-ruling procedural-default prosecutorial-misconduct sanctions state-court state-courts |
Does a defense cause prejudice due to inadequate notice? |
| 20-5447 |
John David Wilson, Jr. v. Florida |
Florida |
2020-08-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process government-misconduct speedy-trial |
Whether the petitioner's right to a speedy trial was violated by the government's delay in bringing the case to trial |
| 20-5405 |
Jaroderick Hardy v. United States |
Eleventh Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment high-crime-area investigative-stop law-enforcement probable-cause proximity reasonable-suspicion terry-stop |
Whether the Eleventh Circuit's reasonable-suspicion determination can be reconciled with Terry-v-Ohio |
| 20-5425 |
Rasheen J. Gamble v. New York |
New York |
2020-08-20 |
Denied |
IFP |
confrontation-clause criminal-procedure cumulative-error dna-evidence due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Was defense counsel ineffective for consenting to the prosecutor's extremely untimely request for a DNA sample? |
| 20-5426 |
David Moss v. Texas |
Texas |
2020-08-20 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance retroactive-application retroactivity strickland-standard strickland-v-washington texas-code-of-criminal-procedure |
Whether the state court's decision was contrary to this Court's decision in Lafler v. Cooper and Chaidez v. United States, and whether the court's dec… |
| 20-5427 |
Josiah Daniel Porter v. Illinois |
Illinois |
2020-08-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel judicial-cure plea-bargaining plea-stage sixth-amendment |
Whether a but-for causal relationship between the defendant's guilty plea and his counsel's deficiency is nullified by judicial plea admonitions |
| 20-5428 |
Jose Ricardo Morales-Mercado v. United States |
Fifth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi criminal-procedure due-process sentencing supreme-court |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 20-5429 |
Derrick T. Neville, Jr. v. United States |
Seventh Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
alleyne apprendi criminal-procedure jury-trial sentencing sixth-amendment |
Whether a court can consistently apply the Sixth Amendment and the Court's holdings in Apprendi and Alleyne to require a jury to find facts that incre… |
| 20-5432 |
Michael James Barnes v. United States |
Fifth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-relief post-conviction-waiver section-2255-petition sentencing |
Whether the post-conviction waiver in plea agreement bars relief in Johnson-related § 2255 petition |
| 20-5436 |
Christy Santiago v. United States |
Fourth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process jury-trial sentencing-guidelines sixth-amendment |
Does the Sixth Amendment's right to a jury trial prohibit courts from using acquitted conduct to vary significantly upward from a Sentencing Guideline… |
| 20-5437 |
Wendell Taylor v. United States |
Fifth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-waiver section-2255-petition sentencing |
Whether the post-conviction waiver in Mr. Taylor's Plea Agreement bars him from the relief sought in his Johnson-related § 2255 Petition |
| 20-200 |
Morgan McCoy v. Michael Bullock, et al. |
Ohio |
2020-08-20 |
Denied |
|
8th-amendment civil-procedure dismissal due-process evidence landlord-tenant-law prima-facie prima-facie-case racial-discrimination selective-enforcement standing |
Does pretrial court dismissing prima facie case before its evidence filing deadline constitute R.103(D) plain error in constitutional violation of due… |
| 20-5403 |
Dimarzio Swade Sanchez v. United States |
Ninth Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
aiding-and-abetting criminal-procedure due-process first-degree-murder jury-instruction jury-instructions mandatory-life-imprisonment sixth-amendment |
Whether Sanchez's conviction was in contravention of historical jurisprudence and the Sixth Amendment when the district court failed to instruct the j… |
| 20-5404 |
Jermaine Isaac Ross v. United States |
Eleventh Circuit |
2020-08-19 |
Denied |
Relisted (3)IFP |
armed-career-criminal-act criminal-procedure due-process guilty-plea non-elemental-facts prior-offenses rehaif-v-united-states sentencing-enhancement serious-drug-offense |
whether-federal-court-may-increase-sentence-under-acca |
| 20-5407 |
Dominique Mack v. United States |
Second Circuit |
2020-08-19 |
Denied |
Relisted (4)IFP |
confrontation-clause criminal-procedure cruel-and-unusual-punishment due-process evidence jailhouse-informant mandatory-minimum mandatory-sentencing plain-error sentencing statements-against-interest |
Whether the district court's admission of jailhouse informant testimony violated this Court's jurisprudence on statements against interest |
| 20-5408 |
Robert Richard Jodoin v. United States |
Eleventh Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-offense due-process eighth-amendment federal-sentencing military-veteran non-violent-offense reasonableness-review sentencing sentencing-guidelines veteran-status |
Whether a 130-month prison sentence for a non-violent, drug dealing, 50-year-old, military veteran is unreasonable |
| 20-5413 |
Josiah English v. Jo Lynn Gentry, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2020-08-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation criminal-procedure due-process equal-protection federal-court federal-courts judicial-discretion standing state-courts |
Did the Arizona Supreme court err by denying Father Fesigh English TIL's Petition for Review and request for a stay of proceedings, despite the fact t… |
| 20-5415 |
Gillman Roddy Long, aka Dave Gillman Long v. United States |
Eighth Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
5th-amendment appeal-review civil-rights criminal-procedure due-process evidence fifth-amendment habeas-corpus self-incrimination sixth-amendment |
Does an objection to the government's argument that a defendant 'had not denied the accusations against him' violate the Fifth Amendment? |
| 20-5417 |
Rasheed Lamar Robinson v. United States |
Eleventh Circuit |
2020-08-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
certificate-of-appealability criminal-procedure due-process eighth-amendment federal-habeas-corpus felony-convictions national-importance retroactive-sentencing |
Whether the retroactive erasure of felony convictions violates due process and the denial of a Certificate of Appealability reflects a breakdown in th… |
| 20-5418 |
Danny Veloz, aka Maestro, aka Joil Rivera v. United States |
First Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence evidence-review franks-hearing franks-v-delaware judicial-discretion probable-cause search-and-seizure search-warrant |
Whose evidence can a trial judge consider in making a Franks showing? |
| 20-5419 |
Michael D. Dyer v. Aimee Smith, Warden, et al. |
Georgia |
2020-08-19 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining prosecutorial-misconduct right-to-counsel |
Whether a defendant can knowingly, intelligently, and voluntarily enter a guilty plea when the prosecutor is allowed to engage in misconduct without h… |
| 20-5421 |
Doved Ben Downer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
charging-document criminal-law criminal-procedure double-jeopardy drug-possession due-process information-charging legal-sufficiency racketeering statutory-interpretation |
Whether simple possession under Fla. Stat. § 893.13(6)(a) is a legally permissible racketeering predicate incident under Fla. Stat. §§ 895.02(1)(a), 8… |
| 20-5386 |
Leon Hawkins v. Donnie Morgan, Warden |
Sixth Circuit |
2020-08-18 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process judicial-discretion merger ohio-law sentencing sentencing-merger |
Does Ohio violate petitioner's constitutional right to be sentenced for sentences that merged (yet) the court sentenced separate sentences for the sam… |
| 20-5392 |
Jermaine Tyrone Jones v. United States |
Sixth Circuit |
2020-08-18 |
Denied |
Response WaivedIFP |
completed-misdemeanor criminal-procedure fourth-amendment investigatory-stop misdemeanor reasonable-suspicion vehicle-stop |
Is reasonable suspicion of a completed misdemeanor sufficient under the Fourth Amendment to justify an investigatory stop of a vehicle when there is n… |
| 20-5393 |
Timothy McCullough v. Jeff Dennison, Warden |
Seventh Circuit |
2020-08-18 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law constitutional-rights criminal-procedure due-process jurisdiction sentencing void-for-vagueness |
Does the Sentencing court have jurisdiction to sentence a defendant under a statute void or judgment unenforceable under the Constitution? |
| 20-5399 |
Anthony Leon Latimer, aka Gerrald Smith v. Ben Jones, et al. |
Fourth Circuit |
2020-08-18 |
Denied |
Response WaivedRelisted (2)IFP |
911-caller civil-rights criminal-procedure cruel-and-unusual-punishment due-process emergency-provision false-imprisonment good-samaritan good-samaritan-law law-enforcement-immunity |
Did the petitioner call 911 in a mental state of emergency? |
| 20-5376 |
Alfredo Estrada-Eugenio, aka Alfredo Erasto Estrada-Eugenio, aka Juan Eugenio Medina, aka Alfredo Estarada, aka Alfredo Eugenio-Estrada, aka Alfredo Estrada, aka Gerardo Amezquita v. United States |
Fifth Circuit |
2020-08-17 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent precedent sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-5379 |
Keith Adair Davis v. Washington |
Washington |
2020-08-17 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2)IFP |
adversarial-process constitutional-rights criminal-procedure criminal-trial defense-counsel due-process pro-se-defendant right-to-counsel sixth-amendment unsettled-law |
Where a pro se defendant is absent from a criminal trial, whether due to misconduct or voluntary choice, is the trial court constitutionally required … |
| 20-5380 |
Antonio Deshawn Pitt v. United States |
Fourth Circuit |
2020-08-17 |
Denied |
Response WaivedIFP |
bank-robbery criminal-procedure criminal-sentencing cruel-and-unusual-punishment due-process judicial-discretion mental-health proportionality proportionality-principle sentencing-guidelines statutory-interpretation |
Whether a district court's statutory obligation to consider the 'history and circumstances' of a criminal defendant and to refrain from imposing a sen… |
| 20-171 |
Isaac L. Hobbs v. United States |
Sixth Circuit |
2020-08-17 |
Denied |
Relisted (3) |
18-usc-922 constitutional-violation criminal-procedure due-process guilty-plea knowledge-of-status statutory-interpretation structural-error |
Does a constitutionally invalid guilty plea resulting from the government's failure to inform a defendant of the knowledge-of-status element of 18 U.S… |
| 20-5354 |
Johnnie Lee Jordan, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-08-14 |
Denied |
Response WaivedIFP |
2254-petition brady-violation certificate-of-appealability civil-rights criminal-procedure due-process giglio-violation habeas-corpus ineffective-assistance-of-counsel insufficient-evidence pro-se-litigant standing |
Whether pro se litigants can be sentenced to a natural life sentence because of Giglio-and-Brady-violations |
| 20-5355 |
Eddie David Cox v. United States |
Eighth Circuit |
2020-08-14 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
appeal circuit-split constitutional-law criminal-procedure double-jeopardy due-process resentencing sentencing |
Whether the Double Jeopardy Clause bars resentencing on counts for sentences a defendant has already served? |
| 20-5356 |
Jabarr Ryeheine Rudolph v. United States |
Fourth Circuit |
2020-08-14 |
Dismissed |
Response WaivedIFP |
acceptance-of-responsibility appeal cocaine-base criminal-appeal criminal-procedure drug-weight due-process obstruction-of-justice sentencing-guidelines standard-of-review |
Whether the circuit court of appeals erred in the assessment of a two point enhancement against the appellant for obstruction of justice |
| 20-5358 |
David Fuentes v. United States |
Fifth Circuit |
2020-08-14 |
Denied |
Response WaivedIFP |
case-remand criminal-procedure davis-precedent davis-v-united-states habeas-corpus judicial-reconsideration legal-standard reasonable-probability reconsideration standard-of-review supreme-court-review |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 20-5363 |
Reginald Jones v. Louisiana |
Louisiana |
2020-08-14 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process felony-conviction firearm jury-trial jury-unanimity obstruction-of-justice ramos-precedent ramos-v-louisiana |
Whether the Petitioner is entitled to be released from prison due to the State's failure to prove guilt by a unanimous jury verdict as required by Ram… |
| 20-5344 |
Christopher Taylor v. Illinois |
Illinois |
2020-08-13 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
6th-amendment autopsy-report cause-of-death confrontation-clause criminal-procedure knowing-murder lesser-included-offense murder-charge sixth-amendment testimonial-evidence |
Whether a defendant is denied his Sixth Amendment right to be confronted with the witnesses against him |
| 20-5346 |
Jerry Lee Thompson v. United States |
Fifth Circuit |
2020-08-13 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process judicial-discretion plain-error sentencing substance-abuse-treatment supervised-release |
Does a district court commit reversible plain error when it imposes a condition of supervised release requiring the defendant to participate in and pa… |
| 20-143 |
Michael Harrison Lowman, Jr. v. United States |
Fourth Circuit |
2020-08-12 |
Denied |
Response Waived |
appeal-waiver circuit-split criminal-procedure disparate-treatment due-process judicial-discretion sentencing unreliable-facts |
Should an appeal waiver that did not expressly waive a due process challenge be enforced where the sentencing court based its sentence on unreliable f… |
| 20-5328 |
Jeffrey Paul Giblin v. Washington |
Washington |
2020-08-12 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process equal-protection evidence-rules eyewitness-testimony intent intent-standard lay-opinion-testimony |
Whether the Fourteenth Amendment's due process and equal protection guarantees were satisfied for a defendant accused of a crime involving intent, whe… |
| 20-5335 |
Dustin Johnson v. United States |
Sixth Circuit |
2020-08-12 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process equal-protection fifth-amendment fourteenth-amendment methamphetamine methamphetamine-sentencing sentencing-guidelines statutory-interpretation |
Whether the District Court erred in sentencing the Defendant based on ice (\'actual\' methamphetamine) rather than a mixture and substance containing … |
| 20-5337 |
David Enrique Meza v. United States |
Ninth Circuit |
2020-08-12 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure investigatory-proceeding marinello-v-united-states mens-rea miranda-rights miranda-waiver obstruction obstruction-of-justice |
Whether the nexus element for obstruction requires knowledge that the defendant's conduct will affect an existing or foreseeable proceeding |
| 20-5317 |
Jeremiah Rodgers v. Florida |
Florida |
2020-08-11 |
Denied |
Response WaivedIFP |
criminal-procedure diagnostic-uncertainty due-process gender-dysphoria medical-evidence mental-health plea-bargaining plea-voluntariness post-conviction-relief procedural-bar |
Whether the newly discovered evidence of a criminal defendant's medical condition, including gender-dysphoria, may implicate the voluntariness of a pr… |
| 20-5322 |
Patrick H. Torrence v. Alaska |
Alaska |
2020-08-11 |
Denied |
IFP |
compulsory-process constitutional-amendments criminal-procedure double-jeopardy due-process effective-assistance-of-counsel equal-protection search-and-seizure self-incrimination unreasonable-searches-and-seizures |
Whether the decision of the State of Alaska and the Alaska Court of Appeals is consistent with the Fourteenth-Amendment, Sixth-Amendment, Fourth-Amend… |
| 20-5323 |
Alfred Domenick Wright v. United States |
Fourth Circuit |
2020-08-11 |
Denied |
Response WaivedIFP |
criminal-procedure fair-sentencing-act government-error ineffective-assistance-of-counsel judicial-review sentencing-reduction sibron-v-new-york statutory-interpretation substantial-assistance united-states-v-gall |
Should the Government correct error committed when applying 'The Fair Sentencing Act' |
| 20-5324 |
In Re Jeremiah Ybarra |
|
2020-08-11 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process fair-trial false-evidence false-statements false-testimony law-enforcement warrant-validity |
Was the petitioner innocent of the alleged offense? |
| 20-5307 |
Rebecca H. Gallogly v. William P. Barr, Attorney General, et al. |
Fifth Circuit |
2020-08-10 |
Denied |
Response WaivedIFP |
agency-responsibility civil-rights community-supervision constitutional-deprivation criminal-procedure due-process expungement probation property-rights |
Is it a Constitutional deprivation to put a person found not guilty on community supervision or probation for the charge; or, to permit states to abro… |
| 20-5300 |
Victor Santana-Gonzalez v. United States |
First Circuit |
2020-08-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure judicial-error plain-error sentencing sentencing-procedure |
Does plain error apply to Federal Rule of Criminal Procedure Rule 32(i)(4)(a)(ii) when the error is caused by the sentencing court |
| 20-129 |
Muhanad Elfatih M. A. Badawi v. United States |
Ninth Circuit |
2020-08-07 |
Denied |
Response Waived |
criminal-procedure due-process evidence fair-trial federal-rules-of-evidence foreign-terrorist-organization material-support old-chief old-chief-precedent rule-403 terrorism-evidence |
Whether graphic evidence of terrorism, admitted without the balancing test required by Fed. R. Evid. 403 and Old Chief v. United States, 519 U.S. 172,… |
| 20-5297 |
Demarius Bridges v. Illinois |
Illinois |
2020-08-07 |
Denied |
IFP |
confrontation-clause criminal-procedure due-process hearsay hearsay-testimony right-to-confrontation sixth-amendment standing testimonial-hearsay unavailable-witness |
Can unconfrented testimonial hearsay be used as hearsay admission at trial? |
| 20-5299 |
Antonio Benson v. Tennessee |
Tennessee |
2020-08-07 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process evidence jury-instruction jury-instructions self-defense |
Whether the ruling of the Tennessee Supreme Court violated Petitioner's due process protections |
| 20-5301 |
David L. Shanks, Jr. v. United States |
Seventh Circuit |
2020-08-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-court fifth-amendment judicial-procedure sixth-amendment trial-commencement trial-in-absentia |
Whether Federal Rule of Criminal Procedure 43 and a criminal defendant's Fifth and Sixth Amendment rights are violated |
| 20-5283 |
Mauricio Lemus v. United States |
Fifth Circuit |
2020-08-06 |
Denied |
Response WaivedIFP |
burden-of-proof crime-of-violence criminal-procedure due-process preponderance-of-evidence preponderance-of-the-evidence revocation-hearing sentencing supervised-release |
Whether at a supervised-release revocation hearing the government must prove by a preponderance of the evidence its contention that a defendant's cond… |
| 20-5285 |
Melvin Lee Jones v. United States |
Fourth Circuit |
2020-08-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment circuit-court-split criminal-procedure drug-enforcement fourth-amendment locked-containers marijuana-odor probable-cause search-and-seizure search-warrant |
Scope of search warrant based on marijuana odor |
| 20-5287 |
In Re Eddie Allen Jackson |
|
2020-08-06 |
Denied |
IFP |
constructive-amendment criminal-procedure due-process fifth-amendment grand-jury indictment indictment-modification judicial-error |
Whether the district court constructively amended the indictment in petitioner's case and if so does it rise to a Fifth Amendment violation? |
| 20-5289 |
Justin W. Sanderson v. Keith J. Foley, Warden |
Ohio |
2020-08-06 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process finality-of-judgment habeas-corpus judicial-review mandamus subject-matter-jurisdiction void-judgment writ-of-mandamus |
Whether this present petition should be liberally construed by this court as a petition for Writ of Mandamus or as an original request for a Writ of H… |
| 20-5292 |
Ashvinbhai Chaudhari v. United States |
Fifth Circuit |
2020-08-06 |
Denied |
Response WaivedIFP |
criminal-plea criminal-procedure downward-departure fifth-circuit involuntary-plea judicial-procedure plea-bargain plea-bargaining restitution supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit has so far departed from the accepted and usual course of judicial pr… |
| 20-5258 |
Nikole Marie Hunter v. Government Employees Insurance Company |
Fourth Circuit |
2020-08-05 |
Denied |
Response WaivedIFP |
anderson-v-liberty-lobby civil-procedure evidence evidence-interpretation expert-witness judicial-function procedural-rules standard-of-review summary-judgment supreme-court-precedent tolan-v-cotton |
Whether the District Court failed to review evidence and ignored expert witness testimony in conflict with Supreme Court precedent on summary judgment… |
| 20-5261 |
Michael Fred Houston v. Texas |
Texas |
2020-08-05 |
Denied |
IFP |
court-of-appeals criminal-procedure due-process eyewitness-identification identification-testimony motion-to-suppress reliability-standard suggestive-identification suggestive-procedure totality-of-circumstances witness-reliability |
Does the in-court identification meet the reliability standard under the totality of the circumstances, even though the confrontation procedure was su… |
| 20-5265 |
Hazhar A. Sayed v. Colorado |
Colorado |
2020-08-05 |
Denied |
Response WaivedIFP |
competency competency-evaluation constitutional-rights criminal-procedure due-process jury-instructions post-arrest-silence right-to-remain-silent self-defense |
Whether the trial court violated Sayed's constitutional right to remain silent by allowing the investigator to comment on Sayed's post-arrest silence |
| 20-5269 |
Amadeo Valls v. Florida |
Florida |
2020-08-05 |
Denied |
IFP |
acquittal burglary criminal-procedure due-process jury-instructions mens-rea structural-error |
Whether due process prohibits Florida from excluding mens rea instruction from burglary charges or whether it is structural error for trial courts to … |
| 20-5273 |
Andrew Hargett, Jr. v. United States |
Fourth Circuit |
2020-08-05 |
Denied |
Response WaivedIFP |
arrest civil-rights criminal-procedure evidence-suppression exclusionary-rule fourth-amendment probable-cause search-and-seizure |
Whether the Fourth Amendment exclusionary rule required suppression of evidence |
| 20-5279 |
William Dale Wooden v. United States |
Sixth Circuit |
2020-08-05 |
Judgment Issued |
Amici (6)Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-rights criminal-procedure due-process fourth-amendment probable-cause search-and-seizure standing warrantless-entry warrantless-search |
Did the warrantless entry and search of petitioner's home violate his Fourth Amendment right to be free from illegal search and seizure? |
| 20-5280 |
Rahim Williams v. United States |
Fifth Circuit |
2020-08-05 |
Denied |
Response WaivedIFP |
criminal-procedure cross-reference district-court error federal-jurisdiction homicide sentencing-guidelines u-s-sentencing-commission u.s.s.g.-§-2k2.1(c)(1)(b) |
Whether the district court erred by applying the Sentencing Guidelines cross reference under U.S.S.G. § 2K2.1(c)(1)(B) |
| 20-5248 |
Robert Bernal, Jr. v. United States |
Third Circuit |
2020-08-04 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure plea-agreement restitution restitution-order sentencing statutory-interpretation statutory-limits unlawful-sentence |
Whether a defendant's waiver of the right to appeal which explicitly permits appeal of a sentence that 'exceeds the applicable statutory limits set fo… |
| 20-5253 |
Douglas Farrar, Sr. v. United States |
Ninth Circuit |
2020-08-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process false-testimony findings judicial-findings obstruction-of-justice perjury presentence-report sentencing sentencing-guidelines |
Whether the generic adoption of a Presentence Report is sufficient to discharge the court's duties to make express and independent findings for an obs… |
| 20-5254 |
Quintin I. Brown v. Virginia |
Virginia |
2020-08-04 |
Denied |
IFP |
appellate-review constitutional-rights criminal-procedure double-jeopardy due-process evidence-law felony jury-trial misdemeanor |
Did the Commonwealth of Virginia trial court deny Mr. Brown his constitutional right to jury trial on the misdemeanor charges of receiving stolen prop… |
| 20-5257 |
Jimmy McLain Moore v. United States |
Sixth Circuit |
2020-08-04 |
Denied |
Response WaivedIFP |
confrontation-clause crawford-v-washington criminal-procedure due-process fair-trial fourth-amendment law-enforcement right-to-confrontation sixth-amendment witness-communication |
Whether the Sixth Circuit Court of Appeals failed to decide an important Federal Question regarding the right of a Defendant to confront witnesses aga… |
| 20-119 |
Louis Ruggiero v. United States |
Eleventh Circuit |
2020-08-04 |
Denied |
Response Waived |
28-usc-2255 criminal-procedure evidentiary-hearing federal-charges ineffective-assistance plea-bargaining prejudice prejudice-standard section-2255 |
Should the court of appeals have granted a certificate of appealability |
| 20-120 |
Alfredo Juarez v. Colorado |
Colorado |
2020-08-04 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment |
When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a defendant that t… |
| 20-101 |
Lloyd Harris v. Maryland |
Maryland |
2020-08-03 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (14) |
actual-prejudice balancing-test constitutional-rights criminal-procedure due-process fair-trial preindictment-delay prejudice-analysis prosecutorial-misconduct prosecutorial-motive |
Where preindictment delay has caused actual prejudice to the accused's ability to defend himself, does the Due Process Clause require (1) the defendan… |
| 20-5237 |
Kenneth Lee Manhard v. Florida |
Florida |
2020-08-03 |
Denied |
Response WaivedIFP |
appeal collision-liability criminal-procedure due-process equal-protection license-suspension miranda-rights sentencing vehicular-manslaughter |
Was he denied equal protection of the law? |
| 20-5244 |
David Lopez v. United States |
First Circuit |
2020-08-03 |
Denied |
Response WaivedIFP |
application-note base-offense-level criminal-procedure judicial-discretion leadership-enhancement rico rico-violation sentencing sentencing-guidelines statutory-interpretation |
Whether the district court and the First Circuit erred by declining to apply Application Note One as written |
| 20-5246 |
Jerry Luke v. United States |
Sixth Circuit |
2020-08-03 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights conviction-review court-jurisdiction criminal-procedure due-process jurisdictional-challenge search-and-seizure standing statutory-interpretation |
Whether the district court erred in denying the defendant's motion to suppress evidence obtained through a warrantless search |
| 20-5193 |
Mollee M. McWhorter v. United States |
Fourth Circuit |
2020-07-31 |
Denied |
Response WaivedRelisted (2)IFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment free-speech juvenile-sentencing life-without-parole standing takings |
Whether the court below erred in dismissing petitioner's claims challenging the constitutionality of certain federal statutes and government actions |
| 20-5196 |
David McConnell v. Florida |
Florida |
2020-07-31 |
Denied |
IFP |
cooperation-with-state criminal-investigation criminal-procedure effective-assistance-of-counsel fourteenth-amendment ineffective-assistance-of-counsel murder murder-prosecution prosecutorial-conflict sixth-amendment |
Does counsel under the Fourteenth and Sixth Amendment have an obligation to effectively assist a defendant's cooperation with the State in a murder pr… |
| 20-5232 |
Iris Lamarr Anderson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-07-31 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights constitutional-violation criminal-procedure due-process federal-courts habeas-corpus standing state-courts |
Whether Petitioner was denied fundamental process in state and federal powers resolution of the claim |
| 20-5233 |
Michael R. Burns v. United States |
First Circuit |
2020-07-31 |
Rehearing |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure dna-evidence dna-fabrication due-process evidence fingerprint-fabrication habeas-corpus newly-discovered-evidence post-conviction-relief |
Whether newly discovered evidence of DNA and fingerprint fabrication establishes a violation of due process and a basis for a new trial |
| 20-5235 |
Michael D. Bikundi, Sr. v. United States |
District of Columbia |
2020-07-31 |
Denied |
Response WaivedIFP |
criminal-procedure discovery district-court due-process federal-rule-criminal-procedure harmless-error legal-obligation material-violation prejudice prejudicial-error sanction sanctions |
Whether a district court has an obligation to impose a meaningful sanction for a material and highly prejudicial violation of Federal Rule of Criminal… |
| 20-5238 |
Wilbert Hayes v. United States |
Second Circuit |
2020-07-31 |
Denied |
Response WaivedIFP |
appellate-review circuit-court circuit-court-of-appeals criminal-procedure extra-record-material extrarecord-material olano-analysis olano-standard plain-error post-rehaif |
Whether the Circuit Court of Appeals should consider extrarecord material in its assessment of the fourth prong of the Olano plain-error analysis |
| 20-5239 |
Junior Griffin v. United States |
Second Circuit |
2020-07-31 |
Denied |
Response WaivedIFP |
bad-faith criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure government-misconduct joinder severance |
Whether courts must consider allegations of 'bad faith' by the government when deciding motions to join counts pursuant to Fed. R. Crim. P. 8(a), or m… |
| 20-5240 |
Cynthia Gilmore v. United States |
Fourth Circuit |
2020-07-31 |
Denied |
Response WaivedIFP |
ambiguity ambiguous-verdict conspiracy criminal-procedure jury-instructions jury-verdict predicate-acts reasonable-doubt sentencing |
Whether the sentencing court is required to use the reasonable doubt standard to determine the predicate acts where the jury's verdict was purposefull… |
| 20-106 |
Alberto Vilar, et al. v. United States |
Second Circuit |
2020-07-31 |
Denied |
Response Waived |
appellate-review constitutional-rights criminal-procedure due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massaro-v-united-states procedural-review |
Whether the failure of the district court and the Court of Appeals to consider the expanded habeas record violates Due Process in preventing assessmen… |
| 20-5216 |
Brent Anderson v. United States |
Fifth Circuit |
2020-07-30 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure davis-v-united-states fact-review federal-rule-criminal-procedure federal-rules-of-criminal-procedure gvr judicial-procedure plain-error questions-of-fact standard-of-review |
Are questions of fact cognizable on plain error review under Federal Rule of Criminal Procedure 52(b)? |
| 20-5218 |
Daniel Page v. Renee Baker, Warden, et al. |
Ninth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel medical-condition ninth-circuit plea-bargaining pre-sentence-motion trial-counsel |
Whether the trial court should have granted Mr. Page's pre-sentence motion to withdraw his guilty plea |
| 20-5219 |
Binh Nguyen v. United States |
Fifth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
certiorari criminal-procedure due-process fifth-circuit judicial-review remand sentence-vacatur sentencing united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 20-5221 |
Arthur James Martin v. Florida |
Florida |
2020-07-30 |
Denied |
IFP |
brady-violation capital-trial criminal-procedure cumulative-error cumulative-error-analysis giglio-violation ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief strickland-test trial-counsel |
Whether trial counsel's failure to investigate and present evidence that significantly undermines the State's case is deficient performance that resul… |
| 20-5222 |
Travon Nikeith Johnson v. United States |
Fifth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
case-remand court-review criminal-procedure exceptions Holguin-Hernandez judicial-interpretation legal-precedent procedural-analysis remand reversal sentencing supreme-court-citation |
Whether the court below overlooked or disregarded Holguin-Hernandez v. United States |
| 20-5223 |
Jorge Madrid-Uriarte v. United States |
Fifth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
case-precedent court-decision criminal-procedure harmless-error judicial-review legal-standard precedent reasonable-probability reconsideration remand sentencing standard-of-review |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 20-5224 |
Kenneth Clark v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
actual-innocence aedpa circuit-split evidence federal-review habeas habeas-corpus judicial-standard reliability statute-of-limitations |
Must a habeas petitioner make a threshold showing of reliability before the reviewing court will consider the evidence in totality to determine whethe… |
| 20-5226 |
Jose Flores-Dominguez v. United States |
Fifth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5190 |
Christian Rodriguez v. United States District Court for the District of Nevada, Reno, et al. |
Ninth Circuit |
2020-07-29 |
Denied |
IFP |
civil-rights criminal-procedure due-process exclusionary-rule miranda-rights search-and-seizure |
Whether the Court recognizes that Law Enforcement and the Court cannot simply expect to use illegally obtained evidence despite Miranda violations |
| 20-5204 |
Lyudmila Lerner v. Stanley Cowen |
California |
2020-07-29 |
Denied |
IFP |
civil-procedure evidence expert-testimony expert-witness fact-witness medical-testimony procedural-rules treating-physician witness-designation |
Whether a treating physician can testify as a fact witness absent an expert designation |
| 20-5208 |
William Monterial Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-07-29 |
Denied |
IFP |
burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidence identity identity-evidence procedural-default state-prosecution |
Whether the State sufficiently proved Petitioner's guilt when no contemporaneous identity evidence existed to link Petitioner as the perpetrator? |
| 20-90 |
Eugene Slone v. United States |
Sixth Circuit |
2020-07-29 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement sixth-amendment strickland-standard subject-matter-jurisdiction |
Did Slone sufficiently meet his burden under Strickland |
| 20-5188 |
Adelso Barnes v. Janet Dowling, Warden |
Tenth Circuit |
2020-07-28 |
Denied |
Relisted (2)IFP |
actual-innocence aedpa-exception criminal-procedure due-process habeas-corpus legal-consultation miscarriage-of-justice plea-change right-to-counsel |
Whether an affirmative statement entitles Mr. Barnes to the consultation required by Roe v. Flores-Ortega |
| 20-5191 |
Joshua Edwards v. United States |
Fifth Circuit |
2020-07-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-trial due-process elements-of-crime elements-of-offense fifth-circuit jury-instructions trial-defense |
Did the United States Court of Appeals for the Fifth Circuit err when it held that the district court's failure to instruct the jury on the elements o… |
| 20-5161 |
Roberto Gonzalez-Gatica v. United States |
Fifth Circuit |
2020-07-27 |
Denied |
Response WaivedIFP |
constitutional-procedure criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5179 |
Alberto Guillen v. Patrick McTighe, et al. |
Ninth Circuit |
2020-07-27 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment actual-innocence constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-involuntariness witness-investigation |
Question not identified |
| 20-5184 |
Richard Brian Williams v. United States |
Fifth Circuit |
2020-07-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-924 armed-career-criminal-act criminal-charging criminal-procedure indictment indictment-error prior-convictions sentencing sentencing-provision statutory-interpretation |
Whether sentencing Mr. Williams under the ACCA was error |
| 20-5157 |
Denard Stokeling v. United States |
Eleventh Circuit |
2020-07-24 |
Denied |
Relisted (3)IFP |
armed-career-criminal-act circuit-split constitutional-error criminal-procedure due-process plea-bargaining plea-validity rehaif-v-united-states sentencing-enhancement violent-felony |
Whether a guilty plea entered without knowledge of the knowledge-of-status element is reversible error per se |
| 20-5163 |
Lonnie Kade Welsh v. Texas |
Texas |
2020-07-24 |
Denied |
IFP |
actual-innocence civil-commitment criminal-procedure due-process fourteenth-amendment insanity-defense mens-rea mental-capacity |
Would the State of Texas cause a fundamental miscarriage of justice violating the United States Fourteenth Amendment by refusing to overturn the crimi… |
| 20-5164 |
Lonnie Kade Welsh v. Texas |
Texas |
2020-07-24 |
Denied |
IFP |
civil-commitment criminal-procedure double-jeopardy due-process fourteenth-amendment insanity-defense mens-rea mental-capacity |
Would the State of Texas cause a fundamental miscarriage of justice violating the United States Fourteenth Amendment by refusing to overturn the crimi… |
| 20-5165 |
Lonnie Kade Welsh v. Texas |
Texas |
2020-07-24 |
Denied |
IFP |
civil-commitment criminal-conviction criminal-procedure due-process fourteenth-amendment insanity-defense mens-rea mental-capacity sanity |
Whether the State of Texas caused a fundamental miscarriage of justice by refusing to overturn a criminal sentence despite evidence of lack of mental … |
| 20-5170 |
William Russell Williams v. Michigan |
Michigan |
2020-07-24 |
Denied |
IFP |
actus-reus criminal-procedure due-process ineffective-assistance jury-instructions mens-rea mitigation mitigation-instruction prosecutorial-misconduct right-to-present-defense sentencing-guidelines |
Was William Williams denied his right to due process, to present a defense, and to a properly instructed jury? |
| 20-5173 |
Juan Domingo Velazquez v. Texas |
Texas |
2020-07-24 |
Denied |
IFP |
court-appointed-counsel criminal-procedure defendant-rights due-process ineffective-assistance jury-trial plea-of-not-guilty right-to-counsel sixth-amendment structural-error |
Was it structural error that violated Petitioner's Sixth Amendment autonomy rights when Petitioner's court-appointed counsel conceded his client's gui… |
| 20-5175 |
John David Wilson, Jr. v. Florida |
Florida |
2020-07-24 |
Denied |
IFP |
collateral-estoppel criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction |
Whether the Double Jeopardy Clause prohibits a second criminal prosecution for the same offense after the first prosecution was dismissed without prej… |
| 20-5177 |
Rolando Felix-Carrazco v. United States |
Ninth Circuit |
2020-07-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-sufficiency holdout-juror judicial-inquiry judicial-interference juror-dismissal jury-deliberation jury-deliberations scotus-guidance trial-court-discretion |
Whether repeated questioning of jurors about a holdout juror violates Brasfield v. United States |
| 20-71 |
Stephen P. Brown v. United States |
Second Circuit |
2020-07-24 |
Denied |
Response Waived |
appeal-waiver certificate-of-appealability criminal-procedure due-process fifth-amendment ineffective-assistance section-2255 sentencing sentencing-review sixth-amendment |
Whether the Second Circuit erred in denying a certificate of appealability on petitioner's claims of ineffective assistance of counsel and due process… |
| 20-5137 |
Antoine Dewayne Myles v. United States |
Fourth Circuit |
2020-07-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial impartial-tribunal judicial-bias pre-sentencing pro-se-representation self-representation suppression suppression-of-evidence wire-tap-interception |
Whether the district court violated the defendants Due Process right to a fair in an impartial tribunal |
| 20-5152 |
Joel Arredondo-Moreno v. United States |
Fifth Circuit |
2020-07-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process sentencing sixth-amendment stare-decisis supreme-court |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-5156 |
Manuel Contreras Saucedo v. United States |
Fifth Circuit |
2020-07-23 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing |
Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 20-61 |
Joan Orie Melvin v. Stephen D. Zappala, et al. |
Third Circuit |
2020-07-23 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment state-crimes workplace-rule workplace-rules |
Whether a defendant's Fifth Amendment rights are violated when charged with state crimes based on alleged deviation from an internal workplace rule ra… |
| 20-5135 |
James Bowell v. State Bar of California |
California |
2020-07-22 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-procedure double-jeopardy habeas ineffective-assistance ineffective-assistance-of-counsel parole-revocation parolee sentencing sentencing-enhancement statutory-maximum |
Whether a court-appointed attorney's refusal to present an issue on habeas where the court could impose no sentence other than the statutory maximum f… |
| 20-5139 |
Algere Jones v. United States |
Second Circuit |
2020-07-22 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process exclusionary-rule federal-district-court fourth-amendment search-and-seizure standing supervised-release |
Can a federal district court bar the use of the Exclusionary Rule during the petitioner's violation of supervised release hearing? |
| 20-5145 |
In Re Charles Talbert |
|
2020-07-22 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-discretion post-conviction-review prosecutorial-misconduct |
Whether the court erred in denying the petitioner's motion for a new trial based on the alleged constitutional violations in the conduct of the trial … |
| 20-5148 |
Robert James Ossawa Wood v. California |
California |
2020-07-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process false-testimony no-contest-plea plea-withdrawal standing unlawful-evidence unlawfully-obtained-evidence |
Was petitioner held to answer for trial based on false testimony and unlawfully obtained evidence? |
| 20-5149 |
Marcel Malachowski v. United States |
Second Circuit |
2020-07-22 |
Denied |
Response WaivedIFP |
appellate-procedure civil-rights constitutional-review criminal-procedure due-process evidence judicial-misconduct judicial-review legal-claim objective-standard standing |
Question not identified |
| 20-5150 |
Ernest R. Jenkins v. Daniel Clarke, Warden |
Seventh Circuit |
2020-07-22 |
Denied |
IFP |
appellate-review certificate-of-appealability constitutional-claim criminal-procedure due-process fundamental-right habeas-corpus harmless-error judicial-review jurisdiction standing state-prosecution |
Was the Circuit Court's denial of the petitioner's request for a certificate of apealability (COA) erroneous? |
| 20-5112 |
David Wayne Robinson v. Jared Polis, Governor of Colorado, et al. |
Tenth Circuit |
2020-07-21 |
Denied |
IFP |
14th-amendment booking-fees civil-rights constitutional-rights criminal-procedure due-process equal-protection excessive-fines takings-clause |
Whether the imposition of a booking fee on citizens of the Beaver County, Pennsylvania violates their due process and equal protection rights under th… |
| 20-5115 |
Gerson Serrano-Ramirez v. United States |
Sixth Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process evidence evidence-rules federal-procedure gang-affiliation jury-instructions motion-to-sever sufficiency-of-evidence venue |
Whether the district court erred in its rulings that prevented the defendant from receiving a fair trial |
| 20-5120 |
Giovanni Cotto, aka Monte v. United States |
Second Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure criminal-prosecution federal-statute mens-rea official-proceeding statutory-interpretation witness-retaliation |
Whether the government must prove the defendant knew the witness testified at an 'official proceeding' under 18 U.S.C. § 1513(b)(1) |
| 20-5121 |
Brayan Gutierrez-Diaz v. United States |
Ninth Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
appointed-counsel criminal-procedure due-process fifth-amendment interrogation miranda-warning right-to-counsel self-incrimination |
Whether and to what extent a mistranslated Miranda warning, which does not reasonably convey the right to appointed counsel during interrogation, fail… |
| 20-5123 |
Cardell A. Hayes v. Louisiana |
Louisiana |
2020-07-21 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal-pipeline criminal-procedure due-process equal-protection fourteenth-amendment non-unanimous-verdict pipeline ramos-relief ramos-v-louisiana retroactivity sixth-amendment |
Whether Cardell Hayes is entitled to the relief provided by Ramos v. Louisiana because his case is in the appeal pipeline |
| 20-5124 |
Allen Fitzgerald Calton v. Texas |
Texas |
2020-07-21 |
Dismissed |
IFP |
appellate-review brady-violation constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion materiality petition-review |
Whether the Texas Court of Criminal Appeals abused its discretion and erred in denying Petitioner's State Application For Writ Of Habeas Corpus on the… |
| 20-5128 |
Vernon Chapman v. United States |
Seventh Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process evidentiary-hearing exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-consequences |
Whether the defendant was denied effective assistance of counsel when the attorney did not follow the advice of several experts advising him on how to… |
| 20-5130 |
Antonio Lozano Solis v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
access-to-court access-to-courts appeal-review civil-rights constitutional-right criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel |
Was petitioner denied meaningful access to the court? |
| 20-48 |
Stacey Eugene Johnson v. Arkansas |
Arkansas |
2020-07-20 |
Denied |
Relisted (5) |
access-to-courts actual-innocence criminal-procedure dna-testing due-process fifth-amendment first-amendment post-conviction-relief post-conviction-remedies |
Does the Arkansas DNA testing statute, as construed by the Arkansas Supreme Court, prevent Petitioner from meaningfully accessing the State's post-con… |
| 20-5037 |
Bruce Zachary Pugh v. United States |
Eighth Circuit |
2020-07-20 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
criminal-procedure fairness-integrity judicial-review jury-instructions plain-error public-reputation substantial-rights supreme-court-precedent trial-record |
Whether plain-error review allows courts to review beyond the trial record |
| 20-5108 |
Salvador Ojeda-Amarillas v. United States |
Ninth Circuit |
2020-07-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure firearms-enhancement leadership-role necessity necessity-requirement sentencing-enhancement sentencing-factors sentencing-guidelines waiver wiretap wiretap-application |
Whether the Court of Appeals erred in finding the July 2006 wiretap application met the necessity requirements and whether it erred in holding Mr. Oje… |
| 20-5109 |
Ganaa Otgoo v. Illinois |
Illinois |
2020-07-20 |
Denied |
Response WaivedIFP |
conflict-between-state-court-decisions constitutional-rights criminal-procedure due-process fair-trial federal-constitutional-rights legal-review reasonable-doubt state-court state-court-actions wrongful-conviction |
Whether State Court actions denied Petitioner's Federal Constitutional Rights, denied Petitioner Fair and Impartial Trial |
| 20-5070 |
Joaquin Shadow Rams v. Virginia |
Virginia |
2020-07-19 |
Denied |
Response WaivedIFP |
appellate-review constitutional-interpretation criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia sufficiency-of-evidence virginia |
Whether Virginia's standard of review for appellate claims of insufficient evidence in criminal convictions violates the Due Process Clause as interpr… |
| 20-5097 |
Robert Earnest Wilkerson v. Texas |
Texas |
2020-07-17 |
Denied |
IFP |
appeals criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel |
Whether the district court erred in denying the defendant's motion for a new trial based on ineffective assistance of counsel |
| 20-5099 |
Lantrel DeKeith Wilson v. United States |
Sixth Circuit |
2020-07-17 |
Denied |
Response WaivedIFP |
4th-amendment 6th-circuit consent-search consent-to-search criminal-procedure inevitable-discovery motion-to-suppress search-and-seizure sixth-circuit supreme-court-precedent terry-stop |
Whether the decision of the Sixth Circuit Court of Appeals conflicts with Terry-v-Ohio |
| 20-30 |
Nigel Christopher Paul Martin v. United States |
Eleventh Circuit |
2020-07-16 |
Denied |
Response Waived |
criminal-procedure immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel mandatory-deportation padilla-claim padilla-v-kentucky plea-agreement plea-bargaining post-conviction-relief |
Is a defendant categorically prohibited from establishing an ineffective assistance of counsel claim under Padilla v. Kentucky, 559 U.S. 356 (2010), w… |
| 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 |
| 20-5085 |
Joe Edward Johnson v. California |
California |
2020-07-16 |
Denied |
Amici (1)Relisted (5)IFP |
batson-challenge criminal-procedure due-process faretta-motion faretta-v-california jury-selection legal-timeliness self-representation timeliness totality-of-circumstances |
Whether a pretrial request for self-representation can be held 'untimely' |
| 20-5091 |
Phillip Shawn Horton v. United States |
Fifth Circuit |
2020-07-16 |
GVR |
IFP |
vacate the judgement and remand for reconsiderati 4th-amendment case-reconsideration certiorari criminal-procedure Davis-remand davis-v-united-states judicial-remand precedent-application remand search-and-seizure Supreme-Court-review |
Whether this Court should grant certiorari, vacate the judgement and remand for reconsideration in light of Davis v. United States, 140 S. Ct. 1060 (2… |
| 20-5062 |
Paul Byrd v. Florida |
Florida |
2020-07-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure fourth-amendment law-enforcement ruse-checkpoint search-and-seizure |
Whether a 'ruse checkpoint' that focuses on those who attempt to avoid the checkpoint violates the Fourth Amendment to the Constitution |
| 20-5080 |
Christopher George Wiggin v. United States |
Fifth Circuit |
2020-07-15 |
Denied |
Response WaivedIFP |
with no evidence of defendants' conduct causing s criminal-law criminal-procedure criminal-statute due-process federal-law felon-in-possession firearms-possession interstate-commerce mens-rea statutory-interpretation |
Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no … |
| 20-5056 |
George Cortez, Jr. v. United States |
Fifth Circuit |
2020-07-14 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu certiorari constitutional-law criminal-procedure due-process fifth-circuit haymond-precedent remand sentence-vacatur sentencing supreme-court supreme-court-review |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 20-5058 |
Randy Estevez v. United States |
Second Circuit |
2020-07-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process felony-enhancement firearm-possession jury-instructions jury-unanimity sentencing sentencing-reasonableness u-s-sentencing-guidelines unanimity |
Whether the district court erred in not instructing the jury that it should be unanimous on the date and location of his alleged possession of the fir… |
| 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 |
Is a criminal defendant denied a fair trial and the effective assistance of counsel when defense counsel fails to request a jury instruction on self-d… |
| 20-5039 |
Antwoyn Terrell Spencer v. United States |
Eighth Circuit |
2020-07-13 |
Denied |
Response WaivedIFP |
5th-amendment appellate-review certificate-of-appealability criminal-procedure due-process eighth-circuit fifth-amendment grand-jury-indictment habeas-corpus personal-liberty |
Whether the Eighth Circuit Court of Appeals Erred Denying Petitioner a Certificate of Appealability? |
| 20-5042 |
Julian Silva-Aguilar v. United States |
Ninth Circuit |
2020-07-13 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent |
Whether the Ninth Circuit's decision is inconsistent with McCarthy v. United States |
| 20-5048 |
Josh L. Bowman v. Bert Boyd, Warden |
Sixth Circuit |
2020-07-13 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment batson-challenge confession confession-suppression constitutional-rights criminal-procedure due-process jury-selection police-misconduct police-threats suppression |
Whether Mr. Bowman's confession should have been suppressed due to threats by police? |
| 20-5051 |
Andre Patrick Staggers v. United States |
Fifth Circuit |
2020-07-13 |
Denied |
Response WaivedIFP |
21-usc-841(b) criminal-procedure drug-offense first-step-act retroactive-application retroactivity sentencing sentencing-law statutory-minimums |
Does the First Step Act provision lowering the enhanced statutory minimums of 21 U.S.C. § 841(b) apply to persons who were sentenced before the provis… |
| 20-5002 |
Gilberto Ayun-Flores v. United States |
Ninth Circuit |
2020-07-09 |
Denied |
Response WaivedIFP |
criminal-law due-process evidence evidence-law general-intent intent-element mens-rea mental-disease mental-health |
Whether a defendant charged with a general intent offense may present evidence of mental disease to challenge the government's proof of the mens rea e… |
| 20-5003 |
Richard B. Woods v. Louisiana |
Louisiana |
2020-07-09 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-error constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment |
Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? |
| 20-5005 |
Archie Lee Williams v. United States |
Eleventh Circuit |
2020-07-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process harmless-error plea-withdrawal substantial-rights |
Did the Eleventh Circuit err in affirming the district court's denial of the Petitioner's motion to withdraw his plea and was it was it an abuse of di… |
| 20-5013 |
Rafeal D. Newson v. Superior Court of California, Pima County, et al. |
Seventh Circuit |
2020-07-09 |
Denied |
IFP |
breach-of-contract civil-procedure civil-rights constitutional-rights criminal-procedure due-process extradition extradition-process federal-procedure habeas-corpus interstate-detainers-act probable-cause |
Malicious prosecution - favorable termination, abuse of process, Interstate Agreement on Detainers Act, extradition, mandamus, habeas corpus |
| 20-5014 |
Darwin Josue Peralta v. North Carolina |
North Carolina |
2020-07-09 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure cross-examination due-process evidence jury-instructions legal-standards right-to-present-defense standard-of-review |
Whether the trial court erred and violated Mr. Pecoraro's rights to present a complete defense by prohibiting him from introducing Doris Murillo's and… |
| 20-5015 |
James Latron Sumter v. United States |
Fourth Circuit |
2020-07-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment first-step-act guilty-plea mandatory-minimum plea-bargaining sentencing |
Whether the appellate court erred in affirming the district court's ruling not allowing Sumter to withdraw his guilty plea |
| 20-5018 |
Roy Howard Middleton v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2020-07-09 |
Denied |
IFP |
appellate-review circuit-court-interpretation criminal-procedure double-jeopardy due-process federal-law-application habeas-corpus ineffective-assistance-of-counsel judicial-review legal-precedent stare-decisis supreme-court-precedent |
Did the courts apply SCOTUS precedent in Price v. Georgia and Strickland v. Washington correctly? |
| 20-1 |
Nicholas E. Davis v. United States |
Armed Forces |
2020-07-09 |
Denied |
Response Waived |
appellate-review court-martial criminal-procedure jury-instruction jury-instructions plain-error supreme-court-precedent waiver |
Whether the failure to object to a pattern jury instruction erroneously describing the elements of the offense constitutes affirmative waiver such tha… |
| 19-8909 |
Grant Ruffin Haze v. Katy Poole, Administrator, Scotland Correctional Institution |
Fourth Circuit |
2020-07-08 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence-presentation exculpatory-evidence fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment trial-counsel witness-tampering |
Did the prosecution's intentional and repeated abuse of the witnesses and the selective theft of the petitioner's exculpatory legal materials, conceal… |
| 19-8915 |
Robert Eugene Glassgow v. United States |
Eighth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
28-usc-2255 acquittal aedpa court-of-appeals criminal-procedure double-jeopardy due-process habeas-corpus post-conviction-relief presumption-of-innocence sentencing |
Whether defendants' convictions under 18 U.S.C. 924(c) should be vacated |
| 19-8916 |
Adam Lee Hamilton v. Eileen Ramey, Warden |
Missouri |
2020-07-08 |
Denied |
Response WaivedIFP |
arizona-v-youngblood brady-v-maryland constitutional-authority criminal-procedure due-process exculpatory-evidence first-degree-assault impeachment-evidence missouri-prosecution napue-v-illinois |
Does the State of Missouri have the authority under the Constitution of the United States to charge, try, and convict the petitioner of first-degree r… |
| 19-8918 |
Donovan G. Davis, Jr. v. United States |
Eleventh Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
circuit-court civil-procedure criminal-procedure executive-branch judicial-branch judicial-interpretation property-return rule-41g standing statutory-construction statutory-interpretation |
Federal-Rules-of-Criminal-Procedure-41(g) |
| 19-8919 |
Scott Clevenger v. Shawn Phillips, Warden |
Sixth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure custodial-interrogation evidence-suppression miranda-rights right-to-counsel self-incrimination suppression-of-evidence |
Whether Petitioner's self-incriminating statements that was given while he was in custodial interigation without him first being notified of his Miran… |
| 19-8920 |
Deshawn Colbert v. Sherry L. Burt, Warden |
Sixth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel new-trial pre-arrest-silence prosecutorial-misconduct sixth-amendment |
Whether the appellant's Sixth Amendment right to confrontation was violated due to ineffective assistance of counsel |
| 19-8922 |
Amber Renee Craker v. Texas |
Texas |
2020-07-08 |
Denied |
Response WaivedIFP |
administrative-law administrative-proceedings agency-discretion capital-punishment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel judicial-review statutory-interpretation |
Whether the Texas Court of Criminal Appeals erred in denying discretionary review, in violation of the Petitioner's constitutional rights |
| 19-8923 |
Bryant Okeff Leggett v. United States |
Sixth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure drug-activity drug-house evidence judicial-discretion sentencing-enhancement sentencing-guidelines trial-court-error |
Whether the district court improperly applied a two-level enhancement for maintaining a drug house where there was no evidence that the defendant's pr… |
| 19-8927 |
Alfred Brian Mitchell v. Tommy Sharp, Warden |
Tenth Circuit |
2020-07-08 |
Denied |
IFP |
age-of-culpability cognitive-science constitutional-vagueness criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment sentencing-aggravator standing statutory-interpretation |
Whether Oklahoma's application of the 'heinous, atrocious, or cruel' death-penalty aggravator is unconstitutionally vague |
| 19-8928 |
Oscar Campos-Lagunas, aka Jose Lopez-Lomali, aka Carlos Ortiz, aka Orbelin Lagunas Campos, aka Carlos Laguna Campos, aka Oscar Laguan Campos, aka Norbelio Campos-Lagunas, aka Carlo Garcia, aka Orbelin Campos v. United States |
Fifth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
apprendi-rule constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment judicial-interpretation precedent-review sentencing sixth-amendment statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-8930 |
Reginald L. Dunahue v. Wendy Kelley, Director, Arkansas Department of Correction, et al. |
Eighth Circuit |
2020-07-08 |
Denied |
Response WaivedRelisted (2)IFP |
8th-amendment civil-rights constitutional-law criminal-procedure due-process habeas-corpus judicial-review prison-conditions qualified-immunity standing |
Whether the U.S. Supreme Court should review the discretion of the U.S. District Court and the U.S. Court of Appeals in dismissing the petitioner's cl… |
| 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 |
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 rati… |
| 19-1474 |
Tyler Herndon v. Pennsylvania |
Pennsylvania |
2020-07-08 |
Denied |
Response Waived |
collateral-order-doctrine criminal-procedure due-process habeas-corpus habeas-corpus-relief hearsay-evidence right-to-counsel sixth-amendment |
Whether the Pennsylvania Supreme Court's refusal to review the Trial Court's Denial Order on a Petition for Habeas Corpus Relief, in a case where adju… |
| 19-1465 |
Robert Marcelis v. Pennsylvania |
Pennsylvania |
2020-07-07 |
Denied |
Response Waived |
criminal-defendant criminal-procedure increased-sentence jury-finding jury-trial prior-convictions reasonable-doubt sentencing-enhancement sixth-amendment |
Does the sixth amendment require a jury finding beyond a reasonable doubt that a criminal defendant has one or more prior convictions before an increa… |
| 19-8847 |
Michael D. Nixon v. United States |
Sixth Circuit |
2020-07-07 |
Denied |
Response WaivedIFP |
18-USC-3006A constitutional-rights criminal-procedure due-process expert-witness funding-denial geo-location indigent-defendant sixth-amendment statutory-interpretation |
Whether Michael D. Nixon's constitutional rights were violated when the District Court failed to grant him, an indigent defendant, funding for a geo-l… |
| 19-8906 |
Nathan Matthew Kinard v. Michael Hoffman, et al. |
Eleventh Circuit |
2020-07-07 |
Denied |
IFP |
abuse civil-rights commitment-procedures constitutional-rights criminal-procedure custody due-process habeas-corpus individual-liberty mental-health |
Whether Dera's testimony and emails should be considered, and whether others were tortured into pleading while in Escombra County jail's protective cu… |
| 19-8910 |
Trinity Rolando Cabezas-Montano v. United States |
Eleventh Circuit |
2020-07-07 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence fifth-amendment miranda-rights post-arrest-statement pre-miranda-statement self-incrimination |
Whether the prosecution violates the Fifth Amendment to the United States Constitution when they use a Defendant's pre-Miranda, post-arrest statements… |
| 19-8911 |
Lee Montez Thompson v. United States |
Fifth Circuit |
2020-07-07 |
Denied |
Response WaivedIFP |
certiorari criminal-procedure davis-v-united-states district-court due-process habeas-corpus plain-error pleading-defendant reasonable-probability rehaif-v-united-states sentencing |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 19-8912 |
Giezi Arce-Calderon v. United States |
First Circuit |
2020-07-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing due-process guideline-range guideline-sentence judicial-discretion plea-agreement plea-bargaining sentencing sentencing-guidelines substantive-reasonableness |
Whether the sentence imposed on Mr. Arce is substantively unreasonable |
| 19-8898 |
Angelo Peter Efthimiatos v. United States |
Second Circuit |
2020-07-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-circuit-split calendar criminal-procedure district-court district-court-discretion jury-selection presentation-of-evidence speedy-trial-act trial-delay uniformity |
Whether the Speedy Trial Act permits district courts to conduct jury selection within the time limits of the speedy trial clock but delay presentation… |
| 19-8900 |
Jeffrey Chleo Brown v. United States |
Fifth Circuit |
2020-07-06 |
Denied |
IFP |
appellate-preservation circuit-split criminal-procedure district-court-procedure factual-dispute factual-objection legal-sufficiency preservation-of-appeal procedural-error sentencing sentencing-objection standard-of-review |
Is a factual objection at sentencing sufficient to preserve for appeal the district court's failure to resolve the ensuing dispute? |
| 19-8902 |
Rafael Antonio Patino-Villalobos v. United States |
Eleventh Circuit |
2020-07-06 |
Denied |
Response WaivedIFP |
acknowledgement criminal-procedure defense-counsel district-court federal-rules-of-criminal-procedure invited-error legal-doctrine procedural-waiver rule-52(b) sentencing |
Whether defense counsel's acknowledgement of the district court's statement during sentencing constitutes an affirmative, intentional, deliberate, and… |
| 19-8896 |
Melodio Reyes v. United States |
Fifth Circuit |
2020-07-05 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection sentencing statutory-interpretation |
Whether the Proprietary Enhancement Clause violates the Statutorily Barred Prior Conviction Prohibition of the 2008 Building Act |
| 19-8895 |
Dario M. Rodriguez v. Alan Lawson, Justice, Supreme Court of Florida, et al. |
Eleventh Circuit |
2020-07-03 |
Denied |
IFP |
appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-courts indigent-appeal pro-se procedural-restrictions standing |
Whether the district court erred in dismissing the petitioner's claims under the Rooker-Feldman doctrine, the Younger abstention doctrine, and the cou… |
| 19-8842 |
Angel Prado v. United States |
Third Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-provisions constitutional-review criminal-procedure due-process judicial-discretion jurisdiction search-and-seizure sentencing-standards speedy-trial |
Question not identified |
| 19-8846 |
David Nowakowski v. Pennsylvania |
Pennsylvania |
2020-07-02 |
Denied |
IFP |
criminal-network criminal-organizations criminal-procedure district-attorney inchoate-crimes organized-crime prosecutorial-discretion racketeering |
Where a private criminal plaintiff is ignored by a local District Attorney's Office, in the presence of criminality from racketeering, inchoate crimes… |
| 19-8883 |
Nathan E. Gundy v. United States |
Eleventh Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-law criminal-procedure criminal-prosecution due-process eighth-amendment fair-trial judicial-discretion standing trial-rights |
Whether the 8th Amendment of the United States Constitution bars are guaranteed to a fair trial in all criminal prosecutions or just when a judge deem… |
| 19-8887 |
Maria Pena-Rivera v. United States |
Ninth Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court evidence-admissibility evidence-admission evidentiary-standard federal-rules-of-evidence judicial-error rule-403 rule-404(b) |
Is it error by the district court to fail to enumerate the specific basis for allowing evidence pursuant for Federal Rule of Evidence section 404(b) s… |
| 19-1453 |
Michigan v. Gerald Raynard Fuller |
Michigan |
2020-07-02 |
Denied |
|
acquittal acquittal-consideration acquitted-conduct conflict-of-authority criminal-procedure due-process federal-circuits judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines sentencing-standards state-courts |
Should this Court grant certiorari to settle the conflict of authority between state courts and the federal circuits, and among state courts themselve… |
| 19-1447 |
Yehudi Manzano v. United States |
Second Circuit |
2020-07-01 |
Denied |
Amici (1) |
18-usc-3731 circuit-split criminal-appeals-act criminal-procedure interlocutory-appeal jurisdiction jurisdictional-basis jury-nullification mandamus writ-of-mandamus |
Whether the United States may seek a writ of mandamus in a criminal case to bring an interlocutory appeal that is not permitted by 18 U.S.C. § 3731 |
| 19-8870 |
Daniel Vallejo Recio v. Rudy Vasquez, et al. |
Fifth Circuit |
2020-07-01 |
Denied |
IFP |
42-usc-1983 civil-procedure civil-rights constitutional-claim due-process evidence legal-relief procedural-dismissal standing witness witness-evidence |
Why was the claim dismissed? |
| 19-8871 |
Joshua Adam Schulte v. William P. Barr, Attorney General, et al. |
Second Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
administrative-law civil-rights constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus probable-cause search-and-seizure standing |
Does an administrative court order that unconstitutionally ends a case warrant appellate review? |
| 19-8873 |
Efrain Diaz, Jr. and Justin Smith v. Kentucky |
Kentucky |
2020-07-01 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
criminal-defendant criminal-procedure death-penalty due-process eighth-amendment justiciability party-presentation procedural-due-process standing-doctrine |
Does the requirement in Lujan v. Defs. of Wildlife apply to a motion filed by a defendant in a criminal case? |
| 19-8875 |
David Gerard Jones v. Louisiana |
Louisiana |
2020-07-01 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment |
Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments |
| 19-8876 |
Solomon Jalloh v. United States |
Ninth Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
apprendi apprendi-rule common-law common-law-tradition criminal-procedure criminal-sentencing jury-findings loss-calculation restitution sentencing |
Whether under Apprendi, the maximum restitution that can be imposed without additional jury findings as to any amount of loss is zero, consistent with… |
| 19-8877 |
Patrick D. Lomas v. United States |
Fifth Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure discretion fair-sentencing-act first-step-act judicial-discretion section-404 sentencing sentencing-reduction statutory-interpretation |
Did the District Court abuse its discretion in denying Petitioner's motion for sentence reduction under the First Step Act and Fair Sentencing Act? |
| 19-8879 |
Gurminder Sekhon v. California |
California |
2020-07-01 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines judicial-process standing trial-transcript |
Did the courts violate the petitioner's due process rights by rejecting a defense under the Eighth Amendment's prohibition on excessive fines? |
| 19-8885 |
Juan Leonardo Cadenas-Urena v. United States |
Fifth Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure drug-manufacturing due-process evidence evidence-sufficiency jury-verdict premises-liability sentencing-guidelines sufficiency-of-evidence |
Did the panel err by holding that the evidence is sufficient to sustain the jury's guilty verdict? |
| 19-8886 |
Jon Edward Erickson v. Thomas E. Collins, Judge, Superior Court of Arizona, Cochise County, et al. |
Arizona |
2020-07-01 |
Denied |
Relisted (2)IFP |
5th-amendment 6th-amendment appeal appellate-review constitutional-rights criminal-procedure double-jeopardy due-process trial-record trial-records |
Did the trial court err in violating the Petitioner's 5th and 6th Amendment rights, by failing to provide/produce the records and transcripts of the f… |
| 19-8861 |
Fikri Aptiliasimov v. Pennsylvania |
Pennsylvania |
2020-06-30 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment judicial-bias judicial-impartiality judicial-recusal recusal |
Whether the trial court judge's, a former prosecutor of appellant's prior criminal trial, refusal to recuse himself and his subsequent judicial partic… |
| 19-8868 |
Rodrecas Tims v. United States |
Fifth Circuit |
2020-06-30 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing federal-sentencing judicial-discretion prison-sentence reasonableness-review sentencing-discretion sentencing-factors sentencing-guidelines sentencing-range sentencing-reasonableness |
Whether the district court ordered an unreasonable 108-month prison sentence under the facts of this case, and under the recommended Sentencing Guidel… |
| 19-8859 |
Brian A. Maus v. Scott Eckstein, Warden |
Seventh Circuit |
2020-06-29 |
Denied |
Response WaivedIFP |
appellate-procedure attorney-withdrawal client-rights counsel-withdrawal criminal-procedure criminal-rights due-process evidence-suppression ineffective-assistance no-merit-brief |
Can appellant counsel withdraw off of the petitioners case, because the petitioner wouldn't agree to allow appellate counsel to file a no-merit brief? |
| 19-1432 |
Charles Rainer Sinek v. United States |
Second Circuit |
2020-06-29 |
Denied |
Response Waived |
appeal criminal-procedure due-process federal-rules-of-criminal-procedure jury-instructions prejudice rule-30 summation |
Whether a defendant must show an explicit, verbatim contradiction between arguments made in summation and a jury instruction delivered in violation of… |
| 19-1424 |
Kevin LeBeau v. United States |
Seventh Circuit |
2020-06-26 |
Denied |
Response Waived |
bank-fraud criminal-procedure due-process jury-instructions materiality restitution seventh-circuit strickland strickland-claim strickland-v-washington |
Was the omission of the concept of materiality from the bank fraud elements instruction error requiring a new trial? |
| 19-1429 |
David Pena, III v. Texas |
Texas |
2020-06-26 |
Denied |
|
4th-amendment automobile-exception criminal-procedure criminal-procedure-4th-amendment-search-and-seizur exclusionary-rule fourth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-and-seizure |
Whether Texas' Third Court of Appeals erred in finding that the items found in the trunk of petitioner's car did not constitute fruit of the poisonous… |
| 19-8822 |
Eddie Montero v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure |
Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 19-8823 |
Alex Joseph Pedrin, Jr. v. United States |
Ninth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct stash-house-sting |
Was Mr. Pedrin prejudiced by counsel's deficiencies? |
| 19-8824 |
Keith Newton v. Alabama |
Alabama |
2020-06-26 |
Denied |
Response WaivedIFP |
civil-rights due-process effective-counsel evidence jury-instructions statutory-interpretation |
Whether the Alabama courts have violated the constitutional rights of a defendant by denying effective counsel, allowing the prosecution to define the… |
| 19-8825 |
Edgardo Navarro v. United States |
Fifth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi criminal-procedure indictment notice-clause prior-conviction sentencing-enhancement sixth-amendment |
Whether a sentencing court can impose a statutorily enhanced sentence based on a prior conviction not alleged in the indictment, consistent with the S… |
| 19-8829 |
Anastasia Purnell v. United States |
Ninth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure judicial-interpretation pro-se rule-of-law standing |
Should courts be held responsible for abuse of discretion when failing to follow the rule of law as written? |
| 19-8830 |
Justin Michael Oxendine v. United States |
Fourth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-court criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion legal-standard sentencing sentencing-guidelines upward-variance |
Whether the district court abused its discretion by varying upward |
| 19-8832 |
Stefan Van Der End v. United States |
Second Circuit |
2020-06-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process jury-trial maritime-law nationality sixth-amendment |
Whether the Fifth and Sixth Amendments are violated by the provision of the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70504(a), precluding jury c… |
| 19-8833 |
Christopher Mann v. Maryland |
Maryland |
2020-06-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-review criminal-appeal criminal-procedure ineffective-assistance ineffective-assistance-of-counsel maryland-court-of-appeals prejudice strickland-prejudice strickland-test weaver-precedent weaver-v-massachusetts |
Has the Maryland Court of Appeals abused its discretion by applying Weaver v. Massachusetts to mandate looking at the strength of the prosecution's ca… |
| 19-8837 |
Donnie Wayne Nipper v. United States |
Fourth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
armed-career-criminal criminal-procedure double-jeopardy ex-post-facto jurisdictional-waiver sentencing sentencing-enhancement statutory-interpretation united-states-constitution |
Should Mr. Nipper be resentenced without an armed career criminal enhancement to his guideline range |
| 19-8839 |
Clayton D. Morrow v. Florida |
Florida |
2020-06-26 |
Denied |
Response WaivedIFP |
brady-material brady-v-maryland criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye newly-discovered-evidence plea-bargaining plea-offer public-records-request |
Does a public records request meet the criteria to establish a newly discovered evidence claim as Brady v. Maryland does; especially when the informat… |
| 19-8800 |
Justice Jerrell Knight v. Alabama |
Alabama |
2020-06-25 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure due-process equal-protection jury-prejudice prejudicial-evidence racial-bias sentencing |
Whether the Fifth and Fourteenth Amendments are violated when the State introduces irrelevant evidence at the guilt phase alleging the defendant poses… |
| 19-8812 |
Alfonso Pineda-Hernandez v. United States |
Seventh Circuit |
2020-06-25 |
Denied |
Response WaivedIFP |
constitutional-question constitutional-rights court-interpretation criminal-procedure defendant-rights due-process fair-trial interpretation translation translation-rights |
Under what circumstances does a live, in-court translation violate a criminal defendant's due process rights? |
| 19-8815 |
Jose Armando Nunez-Lopez v. United States |
Fifth Circuit |
2020-06-25 |
Denied |
Response WaivedIFP |
8-usc-1326 almendarez-torres apprendi criminal-procedure due-process sentencing |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-8817 |
Barry Lalane Harrell v. United States |
Fifth Circuit |
2020-06-25 |
Denied |
Response WaivedIFP |
above-range criminal-procedure district-court justification policy-statement sentencing |
Whether the district court erred when it sentenced Petitioner significantly above the policy statement range without adequate justification? |
| 19-1421 |
Michael Wilford LaFlamme v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-06-25 |
Denied |
Relisted (2) |
6th-amendment bias constitutional-rights criminal-procedure due-process evidence evidence-admission expert-testimony judicial-discretion jury-selection jury-selection-bias law-enforcement law-enforcement-bias trial-procedure voir-dire |
Was Petitioner Prejudiced When Several Prospective Jurors Withheld Crucial Information Pertaining To Employment As Law Enforcement When Asked During V… |
| 19-8796 |
Gary Daniel Rodgers v. R. McIntyre, et al. |
Fifth Circuit |
2020-06-24 |
Denied |
Relisted (2)IFP |
appellate-jurisdiction appellate-procedure civil-procedure court-filing due-process evidence legal-equivalence motion motion-to-release notice-of-appeal procedural-requirements |
Whether Petitioner's timely filed 'Motion and Order to Release Evidence' satisfies the requirements as a functional equivalent of a Notice of Appeal |
| 19-8798 |
Rafeeq Salahuddin v. David Shinn, Director, Arizona Department of Corrections |
Arizona |
2020-06-24 |
Denied |
Relisted (2)IFP |
appeal-rights batson-rule civil-rights constitutional-rights criminal-procedure due-process equal-protection jury-selection legal-procedure retroactivity |
Whether a State Court of last resort has power to destroy a defendant's Constitutional right to trial by jury whose members are selected by non-discri… |
| 19-8803 |
Bennie Adams v. Ohio |
Ohio |
2020-06-24 |
Denied |
IFP |
autopsy-report confrontation-clause crawford-v-washington criminal-procedure evidence-law sixth-amendment testimonial-evidence |
Is an autopsy report testimonial evidence that demands confrontation under Crawford v. Washington, 541 U.S. 36 (2004), and the Sixth Amendment to the … |
| 19-8772 |
Mario Torres v. Mike Hansen, et al. |
Ninth Circuit |
2020-06-23 |
Denied |
IFP |
42-usc-1983 brady-violations civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment discovery discovery-deprivation due-process eighth-amendment fair-trial |
Whether Contra Costa County California's blanket policy of depriving a criminal defendant the facts and the evidence (exculpatory or otherwise), surro… |
| 19-8787 |
Wayne A. G. James v. United States |
Third Circuit |
2020-06-23 |
Denied |
Response WaivedIFP |
attorney-objection circuit-split civil-procedure evidence evidence-admission forfeiture plain-error trial-record waiver |
Whether an otherwise silent trial record showing only that an attorney declined to object to the admission of evidence establishes forfeiture or waive… |
| 19-8788 |
Travis Job v. United States |
Ninth Circuit |
2020-06-23 |
Denied |
Response WaivedIFP |
apprendi-rule constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-review prior-conviction prior-criminal-conduct sentencing-enhancement statutory-maximum statutory-minimum |
Whether the Court should overrule the holding of Almendarez-Torres v. United States |
| 19-8790 |
Christina Ann Whichard v. United States |
Fifth Circuit |
2020-06-23 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 19-8791 |
Jose Angel Vasquez-Soto v. United States |
Fifth Circuit |
2020-06-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-8794 |
Casey Rafael Tyler v. Erik A. Hooks, Warden |
Fourth Circuit |
2020-06-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-possession criminal-procedure due-process habeas-corpus jurisdictional-requirements restitution territorial-jurisdiction |
Has the burden of proof been removed in criminal possession cases? |
| 19-8769 |
Daryll Shumake v. Virginia |
Fourth Circuit |
2020-06-22 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance-of-counsel investigative-report jurisdiction prosecutorial-misconduct trial-court |
Whether the trial court erred in denying the petitioner's motion for a new trial based on newly discovered evidence |
| 19-8771 |
Michael A. Risenhoover v. William Muniz, Warden |
Ninth Circuit |
2020-06-22 |
Denied |
Response WaivedRelisted (2)IFP |
28-years-to-life criminal-procedure due-process first-degree-murder first-time-offender judicial-discretion murder prior-criminal-history proportionality public-message sentencing sentencing-guidelines |
Does sentencing a first-time offender who has no prior criminal history to 28 years to life send a dangerous message to the public and future offender… |
| 19-8773 |
Quincy Harrison v. Vance Laughlin, Warden |
Georgia |
2020-06-22 |
Denied |
IFP |
armed-robbery constitutional-rights criminal-procedure double-jeopardy due-process firearm jurisdiction vehicle-theft |
Whether the Fifth Amendment's Double Jeopardy Clause is violated |
| 19-8777 |
In Re Garvester Bracken |
|
2020-06-22 |
Dismissed |
IFP |
article-iii article-iii-jurisdiction criminal-procedure due-process judicial-determination jurisdiction probable-cause removal standing trial-court-jurisdiction |
whether-the-trial-court-had-jurisdiction |
| 19-8751 |
Paramjit Singh Basra v. Washington |
Washington |
2020-06-19 |
Denied |
Response WaivedIFP |
abuse-of-authority appellate-remedy criminal-conviction criminal-procedure double-jeopardy due-process judicial-abuse state-judiciary statutory-duty |
Is it lawfully permissible for a State to convict a person twice for a single crime? |
| 19-8755 |
Levi West v. United States |
Sixth Circuit |
2020-06-19 |
Denied |
Response WaivedIFP |
apprendi-doctrine armed-career-criminal-act constitutional-interpretation conviction-records criminal-procedure jury jury-trial sentencing sentencing-enhancement sixth-amendment |
Is the different-occasions requirement an element for the jury to decide, or for the sentencing judge to decide? |
| 19-8757 |
George W. Gibbs v. Robert LeGrand, Warden, et al. |
Ninth Circuit |
2020-06-19 |
Denied |
Response WaivedIFP |
charge-severance child-sex-assault clearly-erroneous counsel-error criminal-procedure drug-counts ineffective-assistance ineffective-assistance-of-counsel ninth-circuit-review prejudice prejudicial-joinder severance |
Whether the Ninth Circuit's rejection of Gibbs's ineffective assistance of counsel claim was clearly erroneous |
| 19-8759 |
Terry Dale Ray v. United States |
Tenth Circuit |
2020-06-19 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment constitutional-procedure criminal-procedure due-process exclusionary-rule interrogation-rights mental-health miranda-rights miranda-warning |
Whether the Constitution requires the exclusion of physical evidence found as a result of incriminating statements made by a suspect with a known ment… |
| 19-8760 |
Stefan Stewart v. Florida |
Florida |
2020-06-19 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-procedure cross-examination due-process ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion witness witness-representation |
When the defense attorney previously represented the state's key witness who now has conflicting interests with the defendant, does this amount to a c… |
| 19-8765 |
Tizazu F. Arega v. Lisa L. Sadler, Judge, et al. |
Ohio |
2020-06-19 |
Denied |
IFP |
14th-amendment conviction criminal-procedure due-process evidence judicial-review jury-instructions jury-misconduct legal-sufficiency sexual-intercourse trial-procedure verdict-validity |
Was the decision of the Supreme Court of Ohio contrary to clearly established federal law and the Supreme Court of the United States precedent of Cole… |
| 19-8696 |
Frank DiTomasso v. United States |
Second Circuit |
2020-06-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fair-trial free-speech ineffective-counsel prosecutorial-misconduct sentencing standing |
Whether there was a conviction of production of child pornography when nothing was ever asked for, such as pictures or video, and there was not even a… |
| 19-8697 |
Shiron Deshane Davis v. Oklahoma |
Oklahoma |
2020-06-18 |
Denied |
IFP |
appellate-review civil-procedure constitutional-law criminal-procedure evidence exclusionary-rule fourth-amendment judicial-review legal-jurisdiction search-and-seizure standing statutory-interpretation |
Whether the lower court erred in its application of the Fourth Amendment's exclusionary rule |
| 19-8740 |
Anthony J. Williams v. Louisiana |
Louisiana |
2020-06-18 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-law constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict sixth-amendment |
Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8743 |
Jeremiah Lee Guerra v. United States |
Fifth Circuit |
2020-06-18 |
Denied |
Response WaivedIFP |
case-precedent court-decision criminal-procedure harmless-error judicial-instruction legal-review precedent reasonable-probability reconsideration remand sentencing standard-of-review |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 19-8747 |
Robert Neil Coronado v. Amanda Stinson, Warden, et al. |
Tenth Circuit |
2020-06-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment judicial-integrity search-and-seizure standing statutory-provisions |
Was a procedural due process violation committed by the Court of Appeals in failing to grant a rehearing on the probability of admission of evidence o… |
| 19-8723 |
Shane P. Irish v. Ohio |
Ohio |
2020-06-17 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process incarceration indictment sixth-amendment speedy-trial waiver |
Whether the speedy trial guarantee of the Sixth Amendment to the U.S. Constitution applies to an accused serving a prison sentence on a prior offense? |
| 19-8727 |
Felton Ladell Humphries, Jr. v. S. Sherman, Warden |
Ninth Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process first-degree-murder jury-instruction self-defense voluntary-manslaughter |
Whether the petitioner was entitled to a jury instruction on his theory of defense and the requested jury instruction on voluntary manslaughter and im… |
| 19-8731 |
Edson Gelin v. United States |
Eleventh Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
buyer-seller criminal-law criminal-procedure evidence-law fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense |
Whether the defense is entitled to a buyer-seller jury instruction when the instruction is part of the theory of defense and otherwise necessary for a… |
| 19-8732 |
Efrain Leyva Hernandez v. United States |
Ninth Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion accurate-information criminal-procedure due-process judicial-discretion ninth-circuit record sentencing speculative-inference speculative-inferences |
Does a district court violate a defendant's due process right to be sentenced based on accurate information and abuse its discretion when it imposes a… |
| 19-8736 |
Linda Renae Clark v. Washington |
Washington |
2020-06-17 |
Rehearing |
Response WaivedRelisted (2)IFP |
adversarial-testing constitutional-rights criminal-procedure ineffective-assistance-of-counsel judicial-misconduct prosecutorial-evidence public-defender recusal sixth-amendment |
whether-a-criminal-defendant's-sixth-amendment-rights-are-violated |
| 19-8716 |
Eric Martin Pepke v. United States |
Fourth Circuit |
2020-06-16 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-jurisdiction civil-procedure civil-rights criminal-procedure district-court due-process fourth-circuit habeas-corpus judicial-review standing |
Whether the Fourth Circuit appellate court erred in dismissing Pepke's motion under 28 U.S.C. § 2255 which included an unconstitutionality challenge t… |
| 19-8719 |
Brown Laster, Jr. v. United States |
Eleventh Circuit |
2020-06-16 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict circuit-split court-of-appeals criminal-procedure harmless-error judicial-precedent kotteakos-standard kotteakos-v-united-states sentencing uniformity |
whether-the-eleventh-circuit-entered-a-decision-that-conflicts-with-this-court's-precedent |
| 19-8722 |
Margaret Morris-Calderon v. The James Randi Educational Foundation |
California |
2020-06-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure |
Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 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… |
| 19-8702 |
Billy Edward Sedberry v. United States |
Fifth Circuit |
2020-06-15 |
Denied |
Response WaivedIFP |
base-offense-level criminal-procedure drug-quantity judicial-fact-finding jury-trial methamphetamine sentencing sentencing-guidelines sixth-amendment |
Whether the district court procedurally erred in miscalculating Sedberry's drug quantity base offense level |
| 19-8703 |
David Sosa-Baladron, et ux. v. United States |
Sixth Circuit |
2020-06-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jury-instructions obstruction-of-justice sentencing-guidelines |
Whether the evidence was sufficient to support the jury's verdict on the substantive counts against Sosa, and whether the district court erred in appl… |
| 19-8705 |
Barry Arkim, aka Edward Mason v. Joseph Noeth, Superintendent, Attica Correctional Facility |
New York |
2020-06-15 |
Denied |
IFP |
5th-amendment 6th-amendment confrontation-clause criminal-procedure due-process right-to-counsel |
Did the court violate the petitioner's right to confront witnesses against him? |
| 19-8706 |
Lester Thomas Butcher v. Texas |
Texas |
2020-06-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence-admission harmless-error prosecutorial-misconduct right-to-fair-trial texas trial-fairness |
Will this Supreme Court permit Texas prosecutors' claims of 'mistake and inadvertence' to excuse the denial of substantial constitutional rights? |
| 19-8709 |
Gregory Greer v. United States |
Eleventh Circuit |
2020-06-15 |
Judgment Issued |
Amici (1)Response RequestedResponse WaivedRelisted (3)IFP |
circuit-court-of-appeals circuit-court-review criminal-procedure fairness-integrity-public-reputation judicial-fairness plain-error-review rehaif-v-united-states substantial-rights supreme-court-decision trial-record |
Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters… |
| 19-8711 |
Willie Dunn v. Louisiana |
Louisiana |
2020-06-15 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-rights criminal-conviction criminal-procedure due-process fourteenth-amendment judicial-review jury-trial jury-unanimity sixth-amendment state-courts |
Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8649 |
Angelo Johnson v. United States |
Eighth Circuit |
2020-06-13 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines u-s-sentencing-commission |
Should a defendant be denied a three-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 when the defendant enters a timely guilty… |
| 19-8678 |
Robert Michael Fall v. United States |
Fourth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process exclusionary-rule fourth-amendment multiplicitous-counts reasonable-doubt search-and-seizure standing |
Did the District Court and Court of Appeals rely on inapplicable exceptions to the exclusionary rule, violating Mr. Fall's Fourth Amendment rights? |
| 19-8682 |
Charles Ray Fulmer v. United States |
Fifth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process judicial-review plea-agreement prosecutor prosecutorial-discretion sentencing upward-departure variance |
Whether due process requires remand for specific performance of a plea agreement or, in the alternative, remand for determination of the full terms of… |
| 19-8690 |
Jimmy Lee Wheeler v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-06-12 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure double-jeopardy due-process equal-protection judicial-review sentencing statutory-interpretation structural-error |
Whether due process was circumvented |
| 19-8691 |
Jardiel Infante-Caballero v. United States |
Ninth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment criminal-procedure due-process sentencing supervised-release |
Whether imposing a supervised release term violates the right to a jury trial |
| 19-8692 |
Robert Lee Shields v. United States |
Sixth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
buyer-seller buyer-seller-relationship conspiracy criminal-procedure drug-distribution jury-instructions narcotics-law pinkerton-liability substantive-drug-charges |
When the evidence in a drug distribution case demonstrates only two sales, what additional factors support an inference of a drug distribution conspir… |
| 19-8693 |
Nathan Thomas Trujillo v. United States |
Ninth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing district-court-procedure judicial-discretion kimbrough-v-united-states kimbrough-variance policy-grounds sentencing sentencing-guidelines variance |
Whether the district court abused its discretion in sentencing |
| 19-1373 |
Ming Wei v. Pennsylvania Civil Service Commission |
Pennsylvania |
2020-06-12 |
Denied |
|
administrative-law civil-rights constitutional-rights due-process employment employment-discrimination evidence fraud state-hearing |
Whether Wei's constitutional rights and due process rights were violated in the state proceedings |
| 19-1357 |
Robert Angel Perez v. Colorado |
Colorado |
2020-06-11 |
Denied |
Amici (2) |
criminal-defendant criminal-procedure discovery due-process exculpatory-evidence fourteenth-amendment mental-health-records privilege sixth-amendment state-privilege |
Whether the Sixth and Fourteenth Amendments guarantee a criminal defendant the right to discover potentially exculpatory mental health records held by… |
| 19-1358 |
Michigan v. William Larenzo Shoulders |
Michigan |
2020-06-11 |
Denied |
Response Waived |
alleyne-v-us criminal-procedure criminal-sentencing indeterminate-sentencing jury-determination jury-trial michigan-law michigan-supreme-court parole parole-eligibility sentencing-guidelines sixth-amendment |
Whether the Sixth Amendment requires a state to impanel a jury to determine the offense-related facts which establish a criminal defendant's earliest … |
| 19-1362 |
Jason Laut v. United States |
Seventh Circuit |
2020-06-11 |
Denied |
|
circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury-clause plain-error prejudice rule-52b substantial-rights |
What test should be used to determine whether a constructive amendment impacted a defendant's substantial rights? |
| 19-8655 |
Milton Barrios-Alvarado v. United States |
Fifth Circuit |
2020-06-11 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey certiorari criminal-procedure due-process fifth-circuit jury-trial overrule petition sentencing supreme-court writ |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-8670 |
Rosalio Ramos Tapia v. United States |
Fifth Circuit |
2020-06-11 |
Denied |
Response WaivedIFP |
case-precedent court-decision criminal-procedure harmless-error judicial-review legal-standard precedent reasonable-probability reconsideration remand sentencing standard-of-review |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 19-8672 |
Terry Bridges v. Illinois |
Illinois |
2020-06-11 |
Denied |
IFP |
criminal-procedure due-process evidence evidentiary-rules murder-evidence prejudice prejudicial-testimony rehabilitation sentencing trial-court-discretion uncharged-crime |
Whether the trial court erred in permitting the State to introduce excessive evidence relating to the murder of Keith Sluggs of which Terry Bridges wa… |
| 19-8679 |
Dan Reed v. United States |
Eleventh Circuit |
2020-06-11 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
appellate-review criminal-law criminal-procedure due-process jury-instructions rehaif-standard rehaif-v-united-states status-knowledge statutory-interpretation substantial-rights united-states-v-reed |
Whether the courts of appeals may consider the entire record, including a presentence report, in determining if a defendant's substantial rights were … |
| 19-8653 |
Jose Heriberto Ramirez v. United States |
Fifth Circuit |
2020-06-10 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-standards criminal-procedure due-process independent-review judicial-review legal-principles sentence-reduction sentencing-reduction standard-of-review statutory-interpretation |
Whether independent review is an obligation for the lower court and the appellate court to maintain control of and to clarify the legal principles in … |
| 19-8658 |
Garian King v. United States |
Fifth Circuit |
2020-06-10 |
Denied |
Response WaivedIFP |
__U.S.__ 140 S.Ct. 762 (2020). court-reconsideration criminal-procedure harmless-error holguin-hernandez judicial-review lower-court-decision precedent reasonable-probability reconsideration remand sentencing standard-of-review supreme-court-precedent |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 19-8659 |
Steven Adam Segovia v. United States |
Fifth Circuit |
2020-06-10 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing |
Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 19-8662 |
Jason Paris Scott v. United States |
Fifth Circuit |
2020-06-10 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process federal-firearms-law firearm-possession interstate-commerce jurisdictional-element mens-rea statutory-interpretation |
Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no … |
| 19-8665 |
Anthony Jackson v. Supreme Court of Illinois |
Illinois |
2020-06-10 |
Denied |
Response WaivedIFP |
case-continuance constitutional-procedure criminal-procedure due-process ends-of-justice judicial-supervisory-authority speedy-trial speedy-trial-rights supervisory-authority trial-tolling unconstitutional void-ab-initio |
Whether a court's supervisory authority empowers the court to toll the speedy-trial terms in cases not before the court |
| 19-8623 |
Joshua Charles Lovell Moseley v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-06-09 |
Denied |
IFP |
burglary criminal-conviction criminal-procedure dominion-control double-jeopardy due-process equal-protection federalism grand-larceny reasonable-doubt standard-of-review totality-principle |
When two state courts arrive at different conclusions using different governing legal principles on the same case, should the petitioner be given a re… |
| 19-8642 |
Christopher Davis v. United States |
Seventh Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-sufficiency false-evidence grand-jury police-misconduct robbery-identification standing suppression-hearing |
Why was I denied the right to subpoena Indianapolis Metro Detectives to refute their falsified record to the Grand Jury? |
| 19-8643 |
Wallace Eugene Evatt, Jr. v. Michael Stephan, Warden |
Fourth Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
brady-violation civil-rights criminal-procedure due-process evidence exculpatory-evidence judicial-misconduct prosecutorial-misconduct witness-testimony |
Whether the judge and prosecutor failed to disclose evidence related to the victim's suicidal tendencies and prior suicide attempts, in violation of B… |
| 19-8646 |
Leonard Griffin v. United States |
Fifth Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
aggravated-assault armed-career-criminal-act criminal-procedure due-process johnson-precedent johnson-v-united-states resentencing section-2255 sentencing statutory-interpretation violent-felony |
Whether Mr. Griffin should be resentenced without applying the armed career criminal provisions of the Armed Career Criminal Act |
| 19-8650 |
Sebastian Albert Campbell v. Maryland |
Maryland |
2020-06-09 |
Denied |
Response RequestedRelisted (3)IFP |
constitutional-rights criminal-procedure defense-tools due-process fair-trial legal-standard right-to-counsel self-representation trial-fairness |
Did the state of Maryland err by utilizing an improper legal standard in its determination that compelling Petitioner to relinquish his right to self-… |
| 19-8635 |
Kenneth Brown v. Kentucky |
Kentucky |
2020-06-08 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment strickland-v-washington |
Should a court be allowed to deny the withdrawal of a defendant's guilty plea when it is clear the plea was not entered voluntarily and with an unders… |
| 19-8637 |
Robert Reeves v. Cathleen Stoddard, Warden |
Sixth Circuit |
2020-06-08 |
Denied |
IFP |
constitutional-interpretation constitutional-law criminal-law criminal-procedure double-jeopardy due-process fifth-amendment legislative-override punishment-limitation statutory-interpretation |
Whether the Court should overrule the 'legislative override' exception to the Double Jeopardy Clause |
| 19-8608 |
Kison Robertson v. United States |
Eighth Circuit |
2020-06-05 |
Denied |
Response WaivedIFP |
alternative-evidence appeals appellate-review civil-rights constitutional-rights criminal-procedure due-process evidence evidentiary-ruling judicial-misconduct standing trial-procedure |
How does the U.S. Court of Appeals hold the District Court Decision to be erroneous based on the evidence that was not proven to have occurred in the … |
| 19-8618 |
Kareem Daniels v. Georgia |
Georgia |
2020-06-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process false-evidence false-testimony fourteenth-amendment misleading-testimony perjury prosecutorial-misconduct |
Whether the Constitution permits a prosecutor to knowingly use false or misleading testimony, as long as it does not constitute perjurious testimony |
| 19-8625 |
Dedric Davis v. Florida |
Florida |
2020-06-05 |
Denied |
IFP |
appeal criminal-procedure double-jeopardy due-process judgment-of-acquittal legal-standard motion petitioner standard-of-review sufficiency-of-evidence trial-court |
Whether the trial court erred in not granting petitioner's motion for judgment of acquittal |
| 19-8627 |
Isaac Cardenas v. Texas |
Texas |
2020-06-05 |
Denied |
IFP |
burden-of-proof circumstantial-evidence consciousness-of-guilt criminal-procedure due-process evidence inference inference-vs-speculation speculation |
Whether the state court violated the federal due process clause when it ventured into the realm of mere speculation when deciding an insufficiency of … |
| 19-8604 |
Dontarius Marquis Hall v. United States |
Fourth Circuit |
2020-06-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure drug-sentencing due-process ineffective-assistance-of-counsel sentencing |
Whether the Fourth Circuit Court of Appeals erred in denying the defendant's arguments |
| 19-1338 |
Briley W. Piper v. Darrin Young, Warden |
South Dakota |
2020-06-04 |
Denied |
|
criminal-procedure cumulative-error ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver plea-bargaining pre-plea-advisory prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-jury-trial waiver-of-jury-sentencing waiver-of-jury-trial |
Whether the faulty pre-plea advising applies to both the waiver of jury trial and waiver of jury sentencing, requiring a remand to allow Piper to make… |
| 19-8592 |
Maria Soly Almonte, aka Soly Almonte, aka Soly La Fuerte, aka SoSo, aka SoSo Wavy, aka Soly Montana v. United States |
Second Circuit |
2020-06-03 |
Denied |
Response WaivedIFP |
age-of-consent appellate-review criminal-procedure due-process obstruction-of-justice procedural-reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Whether Almonte's sentence was procedurally unreasonable |
| 19-8593 |
Damon Christopher Crim v. Ohio |
Ohio |
2020-06-03 |
Denied |
Response WaivedIFP |
criminal-procedure effective-assistance-of-counsel fourteenth-amendment guilty-plea ineffective-assistance misunderstanding plea-bargain sixth-amendment |
When a criminal defendant misunderstands a key element of a plea bargain, is his guilty plea void? |
| 19-8580 |
Lary James Plumlee v. Isidro Baca, Warden |
Nevada |
2020-06-02 |
Denied |
IFP |
constitutional-law criminal-procedure criminal-statute due-process retroactivity statutory-interpretation substantive-rule supreme-court-precedent teague-doctrine welch-v-united-states |
Whether a state court is required under the federal constitution to retroactively apply interpretations of a substantive criminal statute that narrow … |
| 19-8588 |
Robert Donelson v. United States |
Eleventh Circuit |
2020-06-02 |
Denied |
IFP |
404(b) circuit-split criminal-case criminal-procedure defendant-rights evidence-rule federal-rules federal-rules-of-evidence prior-act-evidence propensity-evidence propensity-free-link |
Whether Federal Rule of Evidence 404(b)'s prohibition against prior act evidence requires the government to demonstrate a propensity-free link between… |
| 19-8589 |
Ramon Enrique Acosta v. United States |
Eleventh Circuit |
2020-06-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining sixth-amendment trial-counsel |
Whether reasonable jurists could debate the district court's determination that trial counsel was not constitutionally ineffective with respect to the… |
| 19-8576 |
Franklin Mackensie Robinson v. United States |
Fourth Circuit |
2020-06-01 |
Denied |
Response WaivedIFP |
administrative-record court-of-appeals criminal-case criminal-procedure federal-grand-jury federal-jurisdiction grand-jury jurisdiction jurisdictional-challenge statutory-compliance title-40-usc-s-255 |
Is the Petitioner entitled to review the Administrative Record? |
| 19-8579 |
Jonathan Frank Davis v. United States |
Ninth Circuit |
2020-06-01 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea plea-bargaining voluntary-plea |
Does an appeal waiver clause bar a criminal defendant from later appealing their conviction on the ground that the guilty plea was not knowing and vol… |
| 19-1327 |
Kris V. Zocco v. Wisconsin |
Wisconsin |
2020-06-01 |
Denied |
Response Waived |
cell-phone-search cell-phone-searches cell-phones evidence evidence-search fourth-amendment general-warrant general-warrants particularity-requirement personal-computers probable-cause search-and-seizure warrant-requirement |
Is the Fourth Amendment's ban on general warrants violated by a warrant broadly authorizing search of the 'contents' of a cell phone for unspecified '… |
| 19-1328 |
Department of Justice v. House Committee on the Judiciary |
District of Columbia |
2020-06-01 |
Judgment Issued |
Amici (1)Relisted (2) |
criminal-procedure federal-rules federal-rules-of-criminal-procedure grand-jury impeachment impeachment-trial judicial-proceeding legislative-body rule-6(e) rule-interpretation |
Whether an impeachment trial before a legislative body is a 'judicial proceeding' under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure |
| 19-1330 |
Michigan v. Juan T. Walker |
Michigan |
2020-06-01 |
Denied |
|
alford-plea collateral-attack criminal-procedure ineffective-assistance-of-counsel lafler-v-cooper perjury plea-bargaining retroactivity |
Whether Lafler v. Cooper announced a new rule not dictated by prior precedent, and whether its 'reasonable possibility' standard applies where a defen… |
| 19-8573 |
David Konepachit v. California |
California |
2020-05-30 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process equal-protection recidivism sentencing sentencing-enhancement |
Does ME Senate Bill 1343 violate the petitioner's due-process and equal-protection rights under the 14th Amendment of the U.S. Constitution? |
| 19-8561 |
Jesus Julian Corona-Perez v. United States |
Fifth Circuit |
2020-05-29 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
crime-of-violence criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing sentencing-guidelines statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-8562 |
Alexander Rosenblatt v. United States |
Fifth Circuit |
2020-05-29 |
Denied |
Response WaivedIFP |
criminal-procedure district-court paroline-analysis plain-error restitution total-loss victim-loss |
Whether a district court's failure to determine the total loss to the victims and its failure to conduct a Paroline analysis before entering an order … |
| 19-8566 |
John Charles Thompson v. United States |
Fourth Circuit |
2020-05-29 |
Denied |
Response WaivedIFP |
aggregate-imprisonment civil-rights criminal-procedure due-process imprisonment plain-error revocation sentencing sentencing-guidelines supervised-release |
Was it plain error for the Western District of North Carolina to not aggregate Mr. Thompson's multiple revocation active imprisonment sentences then r… |
| 19-8567 |
Thintinus Noseth Taylor v. United States |
Ninth Circuit |
2020-05-29 |
Denied |
Response WaivedIFP |
18-usc-922 2nd-amendment burden-of-proof constructive-possession criminal-procedure criminal-statute due-process firearm-prohibition second-amendment standard-of-proof |
Whether the Ninth Circuit's low burden of proof for possession of a firearm in cohabitation cases extends the scope of 18 U.S.C. § 922(g) beyond its p… |
| 19-8569 |
Brandon S. Wilson v. United States |
Seventh Circuit |
2020-05-29 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure district-court-discretion due-process procedural-error sentencing sentencing-reasonableness supervised-release |
Is Mr. Wilson's sentence procedurally and substantively infirm because the district court failed to consider the factors under 18 USC §3553(a) or offe… |
| 19-8553 |
Devian Phillips v. Ohio |
Ohio |
2020-05-28 |
Denied |
IFP |
constitutional-rights constitutional-validity contract-law criminal-procedure due-process government-misconduct guilty-plea plea-bargaining plea-inducement prosecutorial-promise |
Whether a guilty plea is voluntarily and intelligently made when it rests on a promise or agreement of the prosecutor that cannot be fulfilled |
| 19-8555 |
James Troiano v. United States |
Ninth Circuit |
2020-05-28 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability circuit-split criminal-procedure federal-appellate-procedure habeas-corpus harmless-error rehaif-error rehaif-v-united-states structural-error |
Whether Rehaif error is structural and requires automatic reversal, or is subject to harmless error review |
| 19-8557 |
Kallen E. Dorsett, Jr. v. United States |
Third Circuit |
2020-05-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing strickland-standard |
Does a prosecutor's threat to prosecute a defendant if he withdraws from his guilty plea invalidate the knowing, voluntary and intelligent clause unde… |
| 19-8558 |
David Hardman v. United States |
Eleventh Circuit |
2020-05-28 |
Denied |
Response WaivedIFP |
abuse-of-discretion Anders-review appeal-waiver breach-of-plea-agreement criminal-procedure jurisdiction |
Did the circuit court err in refusing to make a determination of the validity of the appeal waiver during a review of the record, pursuant to Anders v… |
| 19-8560 |
Ricardo Noble v. Pennsylvania |
Pennsylvania |
2020-05-28 |
Denied |
IFP |
abuse-of-discretion appellate-procedure court-order criminal-procedure due-process judicial-discretion legal-appeal motion-correction self-representation sentencing transcript transcript-error |
did-court-err-and-abuse-discretion-by-erroneously-quashing-as-untimely-petitioner's-pro-se-appeal |
| 19-8542 |
Brian Lamar Brown v. Nevada, et al. |
Ninth Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure criminal-trial due-process fair-trial harmless-error jury-instructions legal-prejudice prosecutorial-misconduct |
Whether the prosecutor committed prejudicial misconduct during closing arguments? |
| 19-8543 |
Carl L. Burdick v. United States |
Second Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
18-usc-3553 advisory-guidelines criminal-procedure judicial-discretion plea-agreement rita-v-united-states sentencing sentencing-guidelines sentencing-range united-states-v-booker |
Whether the District Court accorded the advisory sentencing guidelines a presumption of reasonableness |
| 19-8544 |
Hubert Carter v. United States |
Eighth Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
Does the judicial determination of crimes 'committed on occasions different from one another' at sentencing under the Armed Career Criminal Act, 18 U.… |
| 19-8545 |
Duane Blake v. Florida |
Florida |
2020-05-27 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process evidence expert-witness jury post-conviction-relief procedural-default |
Did the state of Florida violate due process by excluding an expert witness for the defense in an attempted murder trial |
| 19-8546 |
Annamalai Annamalai and Parvathi Sivanadiyan v. United States |
Eleventh Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
bank-fraud constitutional-rights criminal-procedure due-process evidence-sufficiency federal-jurisdiction judicial-error new-trial procedural-misconduct prosecutorial-misconduct |
issues-being-raised |
| 19-8548 |
Shawndell Lee Harrison v. United States |
Tenth Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
circuit-split collateral-review constitutional-law criminal-procedure federal-sentencing habeas-corpus johnson-v-united-states retroactive-rule retroactivity sentencing |
Whether a second or successive motion to vacate a federal sentence under 28 U.S.C. § 2255(h)(2) must rely solely on a new and retroactive rule of cons… |
| 19-8536 |
In Re Robert P. Russell |
|
2020-05-26 |
Dismissed |
IFP |
criminal-procedure due-process federal-constitutional-right federal-crime federal-habeas habeas-corpus liberty-interest liberty-interests murder-conviction retroactive-application statutory-interpretation successive-motions |
Whether Petitioner Robert Peter Russell retains a federal constitutional right to be released from federal prison upon existing record of uncontrovert… |
| 19-8537 |
Susan Xiao-Ping Su v. United States |
Ninth Circuit |
2020-05-26 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-law constitutional-procedure criminal-procedure district-court due-process judicial-jurisdiction jurisdiction legal-remedy procedural-error sentencing |
whether the Ninth Circuit should sua sponte vacate a grand jury conviction and sentence because the defendant alleges court error in failing to apply … |
| 19-8540 |
Antwoyn Spencer and Derrick Jerome Spencer v. United States |
Eighth Circuit |
2020-05-26 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment first-step-act resentencing statutory-interpretation |
Whether Petitioners are being deprived of their right to due process of law |
| 19-8533 |
Michael A. Lajeunesse v. Megan Anne Chambers, et al. |
Eighth Circuit |
2020-05-23 |
Denied |
IFP |
brady-violation civil-rights civil-rights-statute constitutional-rights due-process evidence exculpatory-evidence judicial-notice prosecutorial-misconduct section-1983 standing |
Whether the petitioner can seek relief under 42 USC §1983, 1985, or 1986 for alleged conspiracy to withhold exculpatory evidence |
| 19-8535 |
Courtney Rashon Johnson v. United States |
Eleventh Circuit |
2020-05-23 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violations criminal-procedure due-process eleventh-circuit federal-review grand-jury habeas-corpus plea-bargaining standing |
Whether a defendant who pleaded guilty can seek relief from his conviction on the basis that the government failed to instruct the grand jury on an es… |
| 19-8524 |
Gregory Preston Coker, Jr. v. United States |
Fourth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
administrative-law civil-rights criminal-procedure due-process standing statutory-interpretation |
Whether the 4th Circuit misapplied the standard in Madisyn vs. Whed to determine if the SIC Code 474-53-375 is applicable to a Qualified Affordable De… |
| 19-8527 |
Rodney Douglas Eaves v. Colorado Department of Corrections, et al. |
Tenth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
5th-amendment affidavit constitutional-rights court-procedure criminal-procedure due-process evidence fifth-amendment probable-cause waiver |
Whether the Fifth Amendment is violated when an unverified Complaint and Information is used in lieu of a probable cause hearing |
| 19-8529 |
Darryl Cain v. Randee Rewerts, Warden |
Sixth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial habeas-corpus harmless-error ineffective-assistance judicial-review procedural-default prosecutorial-misconduct witness-credibility |
Whether the prosecutor's remarks during rebuttal of injecting personal opinion and vouching for the credibility of a witness |
| 19-8530 |
Sacorey L. Clark v. United States |
Eighth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process government-duty government-liability judicial-remand legal-claims rehaif rehaif-precedent remand sentencing sentencing-review |
Whether CLARK's Affirmed Sentence & Judgment Must be Vacated in light of REHAIF, 139 S.Ct. 2191 (2019), Then Remanded, Where it is Warranted that CLAR… |
| 19-8516 |
Craig Mrazek v. Illinois |
Illinois |
2020-05-21 |
Denied |
Relisted (2)IFP |
automatic-reversal brady-violation civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct reasonable-assistance sixth-amendment |
Whether the Court's denial of petitioner's assertion of a Brady claim, specifically per se conflict, violates the Sixth Amendment guarantee to reasona… |
| 19-8514 |
Farid Popal v. New York |
New York |
2020-05-21 |
Denied |
IFP |
confrontation-clause constitutional-rights criminal-procedure due-process post-conviction-hearing post-conviction-proceedings right-to-present-defense sixth-amendment video-testimony witness-coaching |
Whether two-way video testimony violates a criminal defendant's confrontation and right to present a complete defense under Sixth Amendment to the U.S… |
| 19-8502 |
David Beverly v. Illinois |
Illinois |
2020-05-20 |
Denied |
Response WaivedIFP |
admissibility criminal-procedure facebook facebook-evidence fair-trial other-crimes-evidence plain-error plain-error-doctrine prior-bad-acts prior-conviction rap-lyrics |
Whether petitioner was denied a fair trial |
| 19-8503 |
Darieus Malik Williams v. United States |
Fifth Circuit |
2020-05-20 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure criminal-sentencing district-court fact-intensive-inquiry federal-criminal-cases fifth-circuit prostitution-enhancement review-standard sentencing-guidelines standard-of-review |
Did the Fifth Circuit's cursory review of the district court's record lead to an illegal, unreasonable sentence |
| 19-8504 |
Jose Antonio Garcia v. United States |
Ninth Circuit |
2020-05-20 |
Denied |
Response WaivedIFP |
admission-of-guilt constitutional-law criminal-procedure disposition-agreement due-process judicial-discretion plea-bargaining sentencing supervised-release |
Whether Mr. Garcia's admission to a violation of supervised release violated due process |
| 19-8508 |
Javier Villar v. United States |
Eleventh Circuit |
2020-05-20 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure exclusionary-rule managerial-role motion-to-suppress probable-cause search-and-seizure sentencing-enhancement standing u-s-sentencing-guidelines |
Whether the district court and the court of appeals erred in denying the defendant's motion to suppress evidence |
| 19-1303 |
Earnest Cassell Woods, II v. California |
California |
2020-05-20 |
Denied |
|
criminal-law criminal-procedure due-process mens-rea murder-conviction natural-probable-consequences resentencing retroactive retroactivity self-defense senate-bill-1437 sentencing statutory-interpretation |
Does Senate Bill 1437 added Section 1170.95 permit persons convicted of murder under the natural and probable consequences theory to petition for vaca… |
| 19-1307 |
Edward Thomas, Warden v. William Leroy Barnes |
Fourth Circuit |
2020-05-20 |
Denied |
|
actual-prejudice brecht-v-abrahamson criminal-conviction criminal-procedure due-process federal-habeas-review fourth-circuit habeas-corpus juror-misconduct jury jury-contact precedent-interpretation substantial-effect |
Did the Fourth Circuit misapply this Court's precedents by granting habeas relief where there was no evidence that a juror's contact with a third part… |
| 19-8494 |
Michael Lustig v. United States |
Ninth Circuit |
2020-05-19 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-rights criminal-procedure evidence-suppression exclusionary-rule fourth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree illegal-search search-and-seizure standing |
Whether failure to suppress evidence resulting from an illegal search amounted to a violation of Petitioner's Fourth Amendment rights |
| 19-8485 |
Melvin T. Bell v. United States |
Seventh Circuit |
2020-05-18 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-violation criminal-procedure double-jeopardy due-process final-judgment judicial-review jurisdiction legal-remedy statutory-interpretation |
Whether the court of appeals can exercise jurisdiction over the petitioner's interlocutory appeal before the imposition of an unconstitutional sentenc… |
| 19-8487 |
Jerrell Berger v. Robert Adams, Warden |
Eleventh Circuit |
2020-05-18 |
Denied |
IFP |
criminal-procedure due-process ineffective-assistance-of-counsel jury-selection multiple-charges murder-charge sentencing sentencing-decision sixth-amendment trial-court |
Whether the petitioner's constitutional rights were violated by the trial court's denial of his motion to dismiss the charges against him |
| 19-8490 |
Timmy Stevens v. Emma Collins, Warden |
Sixth Circuit |
2020-05-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process federal-courts habeas-corpus |
Whether the petitioner's constitutional rights were violated when the lower court denied his habeas corpus petition |
| 19-8472 |
Wyte Young, Jr. v. Arizona |
Arizona |
2020-05-15 |
Denied |
Response WaivedIFP |
constitutional-claims constitutional-law criminal-procedure cruel-and-unusual-punishment due-process federal-courts federal-review habeas-corpus post-conviction-review procedural-default sentencing state-court-procedure |
Did the federal court violate petitioner's 5th and 8th amendment rights |
| 19-8474 |
Brittany Dawn Thomas v. United States |
Fourth Circuit |
2020-05-15 |
Denied |
Response WaivedIFP |
18-usc-3553(e) 18-USC-3553e criminal-procedure district-court judicial-authority mandatory-minimum sentencing sentencing-discretion separation-of-powers statutory-interpretation |
Does a district court's inability to depart below a mandatory minimum under 18 U.S.C. § 3553(e), for any factor other than defendant's substantial ass… |
| 19-8475 |
In Re Tarvares James Watson |
|
2020-05-15 |
Dismissed |
IFP |
5th-amendment 6th-amendment actual-innocence constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance ineffective-assistance-of-counsel postconviction-relief |
Whether petitioner's conviction resulted in the conviction of one who was actually innocent |
| 19-8476 |
Robert R. Yerton, Jr. v. Oklahoma |
Oklahoma |
2020-05-15 |
Denied |
Relisted (2)IFP |
appeals appellate-procedure criminal-appeal criminal-procedure due-process habeas-corpus jurisdiction oklahoma-court post-conviction-relief |
Whether the Oklahoma Court of Criminal Appeals erred in their original 3-3-2020, and subsequent 3-4-2020 request for rehearing, decision to refuse jur… |
| 19-8477 |
Timothy Martin Kendrick v. United States |
Eighth Circuit |
2020-05-15 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process free-speech judicial-interpretation sixth-amendment standing |
Whether the petitioner's proceedings below violated his constitutional rights |
| 19-8478 |
John King v. United States |
District of Columbia |
2020-05-15 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-procedure fact-finding judicial-discretion jury-determination jury-fact-finding mcmillan-v-pennsylvania preponderance-of-the-evidence preponderance-standard sentencing sentencing-enhancement united-states-v-watts |
Can a judge rely on facts not found by a jury to enhance a sentence after this Court's decision in United States v. Alleyne, 570 U.S. 99 (2013), where… |
| 19-8479 |
Bernard J. Fleming v. United States |
District of Columbia |
2020-05-15 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process fair-trial personal-opinion prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility |
When do comments by a prosecutor in her final and rebuttal arguments to the jury in a criminal case that affirm the veracity of the government's chief… |
| 19-1293 |
Michael Ludwikowski v. United States |
Third Circuit |
2020-05-15 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-acquittal sentencing sentencing-enhancement sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from increasing a criminal defendant's sentence for conduct underlying a count on whic… |
| 19-8466 |
Branch William Niehouse v. Brigitte Amsberry |
Ninth Circuit |
2020-05-14 |
Denied |
Response WaivedIFP |
criminal-law evidence force legal-sufficiency lost-and-found property-rights robbery robbery-evidence speculative-testimony trespass trespassing use-of-force |
Whether the evidence of robbery was legally sufficient when the only evidence of threatened use of force was speculation about sunglasses that may hav… |
| 19-8468 |
Janice M. Shufford v. United States |
Sixth Circuit |
2020-05-14 |
Denied |
Response WaivedIFP |
conspiracy-charges criminal-history due-process evidence evidentiary-exclusion fair-trial indictment-defects judicial-discretion prosecutorial-misconduct witness-credibility |
Did the court of appeals properly affirm the trial court's prohibition of the defense from adducing evidence of prosecution witnesses' criminal histor… |
| 19-8469 |
Viengxay Chantharath v. United States |
Eighth Circuit |
2020-05-14 |
Denied |
Response WaivedIFP |
21-usc-851 career-offender collateral-review criminal-procedure drug-convictions first-step-act mandatory-minimum retroactive-application sentencing-enhancement statutory-interpretation |
Whether the First Step Act (FSA-2018) altered the statutes: 21 U.S.C. § 851 enhancement for prior drug convictions |
| 19-8453 |
John Christopher Dobbs v. United States |
Eleventh Circuit |
2020-05-13 |
Denied |
Response WaivedIFP |
criminal-procedure cross-reference district-court federal-rules firearm-possession judicial-findings presentence-report rule-32 sentencing-guidelines |
When a defendant disputes that he has committed a Cross Reference crime, does Rule 32(i)(3)(B) require the district court to make specific findings ab… |
| 19-1286 |
In Re Nina Shahin |
|
2020-05-13 |
Denied |
Response Waived |
14th-amendment civil-procedure civil-rights due-process standing takings criminal-procedure fourth-amendment fourth-amendment-application fourth-amendment-interpretation search-and-seizure unreasonable-search |
Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 19-1278 |
Hunter Fussell v. Louisiana |
Louisiana |
2020-05-12 |
Denied |
Response Waived |
automatic-transfer child-rights constitutional-rights criminal-procedure due-process juvenile-justice juvenile-transfer liberty-interest state-statute |
Whether the Due Process Clause requires that a child receive an individualized hearing before being placed in criminal court to be tried as an adult |
| 19-1282 |
Avery Terry v. United States |
Fourth Circuit |
2020-05-12 |
Denied |
Response Waived |
18-usc-924c appeal-waiver constitutional-vagueness crime-of-violence criminal-procedure criminal-procedure-appeal-waiver due-process force-clause hobbs-act hobbs-act-robbery residual-clause sentencing statutory-interpretation unconstitutional-vagueness vagueness-doctrine violent-crime |
Whether the court of appeals erred in dismissing the appeal pursuant to an invalid appeal waiver |
| 19-8420 |
Charles Wilson v. Wisconsin |
Wisconsin |
2020-05-12 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause criminal-procedure due-process evidence evidentiary-ruling ineffective-assistance-of-counsel jury-instructions jury-selection prosecutorial-discretion trial-court-discretion witness-testimony |
Whether the trial court abused its discretion when it excluded several jurors for failing to follow the voir dire process |
| 19-8439 |
Marijan Cvjeticanin v. United States |
Third Circuit |
2020-05-12 |
Denied |
Response WaivedIFP |
brady-violation catch-me-if-you-can criminal-procedure due-process kyles-standard kyles-v-whitley materiality-standard new-trial-motion perjury rule-33 trial-perjury |
Brady-violations |
| 19-8442 |
Erica J. Walker v. Florida |
Florida |
2020-05-12 |
Denied |
Response WaivedIFP |
competency criminal-procedure due-process effective-assistance-of-counsel fair-proceeding fifth-amendment fourteenth-amendment ineffective-assistance insanity mental-health mental-health-evaluation |
Was the petitioner's right to a fair proceeding, effective assistance of counsel and due process violated? |
| 19-8444 |
Clarence Zacke v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-05-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-court-decisions judicial-precedent legal-exemption plea-agreement plea-bargaining prosecutorial-misconduct sentencing-guidelines state-courts |
Whether the integrity of the court requires enforcement of Rule 3.172(a) Fla. R. Criminal P. where the state has knowingly and intentionally violated … |
| 19-8445 |
Freddie Lee Curry, aka King of da Hood, aka Rat v. United States |
Fourth Circuit |
2020-05-12 |
Denied |
Response WaivedIFP |
21-usc-841 alleyne alleyne-ruling criminal-procedure drug-quantity fair-sentencing-act first-step-act mandatory-minimum sentence-reduction sentencing statutory-interpretation |
Did the District Court abused its discretion when it failed to to apply Alleyne to Appellant's sentence reduction under Section 404(b) of the First St… |
| 19-8429 |
Tariq Maqbool v. Marcus O. Hicks, Commissioner, New Jersey Department of Corrections, et al. |
Third Circuit |
2020-05-11 |
Denied |
IFP |
constitutional-rights criminal-procedure dna-testing due-process fifth-amendment fourteenth-amendment ineffective-assistance miranda-rights sixth-amendment |
Whether the denial of Petitioner's ineffective assistance claim violated constitutional rights |
| 19-8430 |
Valery LaTouche v. New York |
New York |
2020-05-11 |
Denied |
IFP |
criminal-procedure discretionary-review due-process equal-protection post-conviction-relief statutory-interpretation |
Whether the trial court's invocation of statute 440.10(3)(c) denied petitioner his interest, due process rights, and equal protection of the law |
| 19-8426 |
Shawn M. Twitty v. Indiana |
Indiana |
2020-05-08 |
Denied |
Response WaivedIFP |
amelioration-doctrine criminal-procedure criminal-sentencing doctrine-of-amelioration due-process fundamental-fairness res-judicata sentencing statutory-interpretation |
Whether a sentence is manifestly erroneous because the Doctrine of Amelioration allows for that sentence to be controlled by a newly amended version o… |
| 19-8428 |
Marc Wyatt v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-05-08 |
Denied |
IFP |
appointment-of-counsel constitutional-rights criminal-procedure due-process fair-market-value fifth-circuit legal-counsel replacement-cost right-to-self-representation self-representation |
Was the appointment of counsel valid? |
| 19-8409 |
Thanksnieky Phuong v. Rick Hill, Warden |
Ninth Circuit |
2020-05-07 |
Denied |
IFP |
asportation criminal-procedure due-process exculpatory-evidence factual-innocence insufficient-evidence kidnapping robbery |
Whether the evidence was insufficient to establish that the petitioner committed a kidnapping for robbery, and whether the conviction violates the pet… |
| 19-8410 |
Johnathan Pinney v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2020-05-07 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-limitations criminal-procedure due-process exhaustion-of-remedies habeas-corpus judicial-review procedural-rights standing statutory-interpretation |
Whether the Suspension Clause of the U.S. Constitution supersedes the statutory requirement of exhausting state remedies before filing a federal habea… |
| 19-8412 |
Lenroy McLean v. United States |
Second Circuit |
2020-05-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure discretion discretionary-review forfeiture plain-error sentencing sentencing-guidelines substantial-rights |
Should the Second Circuit Court of Appeals exercise its discretion to correct the forfeited error of Petitioner's miscalculated guideline sentence tha… |
| 19-8415 |
Arthur Stanley v. United States |
Second Circuit |
2020-05-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-relevance federal-rules-of-evidence gang-related-crime relevant-evidence rico-statute rule-401 standing statutory-interpretation |
Where the Government introduced a cache of weapons found four years before the alleged crime, simply because gang graffiti was found nearby, should ce… |
| 19-8407 |
Mauro Ramirez v. Florida |
Florida |
2020-05-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure dna-testing due-process equal-protection evidence fair-trial forensic-evidence scientific-reliability |
Whether the State must establish the reliability and accuracy of the lab instrumentation used for electrophoresis and other preliminary DNA analyses b… |
| 19-8411 |
Charles Burton v. United States |
Sixth Circuit |
2020-05-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment harmless-error sixth-amendment structural-error |
Whether mailing a verdict to a criminal defendant through his counsel in violation of the Fifth Amendment, Sixth Amendment and Federal Criminal Rule o… |
| 19-8397 |
Domenico Alexander Lockhart v. North Carolina |
North Carolina |
2020-05-05 |
Denied |
Response WaivedIFP |
civil-rights cole-v-arkansas constitutional-law criminal-conspiracy criminal-procedure drug-narcotic-offenses due-process judicial-review overt-act procedural-and-substantive-rights statutory-interpretation |
Whether North Carolina's criminal conspiracy law and federal constitutional law of due process require proof of an overt act, as held in Cole v. Arkan… |
| 19-8399 |
Reshon Tolliver v. United States |
Sixth Circuit |
2020-05-05 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-statute drug-payment drug-trafficking evidence federal-law money-laundering statutory-interpretation |
Whether mere payment for drugs constitutes sufficient evidence for a conviction under 18 U.S.C. § 1956? |
| 19-8400 |
Roy Allen Nichols v. United States |
Sixth Circuit |
2020-05-05 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law court-of-appeals criminal-defendant criminal-procedure due-process factfinding fifth-amendment sentencing sentencing-enhancement |
Whether a Court of Appeals violates a criminal defendant's right to Due Process |
| 19-8403 |
Juan Miguel Lopez v. Stuart Sherman, Warden |
Ninth Circuit |
2020-05-05 |
Denied |
IFP |
appellate-jurisdiction constitutional-review criminal-justice-reform criminal-procedure criminal-sentencing due-process equal-protection judicial-oversight jurisdictional-challenge retroactivity sentencing-review |
Whether the Court can exercise its encompassing jurisdiction to redress the imposition of a disproportionate amount of time added to a primary base te… |
| 19-8393 |
Joshua Tucker v. United States |
Sixth Circuit |
2020-05-04 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights criminal-procedure due-process fourth-amendment law-enforcement probable-cause probation probation-rights search-and-seizure warrantless-searches |
Whether a probationer has a right to be free from warrantless searches and seizures conducted by law enforcement officials without reason or purpose p… |
| 19-8385 |
Enrique Lopez Quintero v. United States |
Ninth Circuit |
2020-05-01 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure federal-rules-of-criminal-procedure hughes-v-united-states plea-agreement sentence-reduction sentencing-guidelines type-c-agreement |
Is a sentence imposed pursuant to a Type-C agreement, Fed. R. Crim. P. 11(c)(1)(C), based on the defendant's United States Sentencing Guidelines range… |
| 19-8386 |
David L. Culverhouse v. Texas |
Texas |
2020-05-01 |
Denied |
Relisted (2)IFP |
appeals civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-counsel judicial-discretion standing |
May the Court of Chimie Appeals of Fougs tin consbtutsena lly deny actually anocent Petitioners motion Por leave to Pile original applicatisa For weit… |
| 19-8389 |
Edward Yarbrough, Jr. v. J. Sullivan, Warden |
Ninth Circuit |
2020-05-01 |
Denied |
Response WaivedIFP |
bill-of-rights criminal-procedure due-process evidentiary-error federal-rules federal-rules-of-civil-procedure plain-error prosecutorial-misconduct remarks-authentication reversible-error trial-court |
Whether a prosecutor's uninvited inflammatory remarks made in summation, absent a timely explicit curative instruction, so infected the trial with unf… |
| 19-8390 |
Do Kyun Kim v. United States |
Fifth Circuit |
2020-05-01 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-courts judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-8391 |
Joseph M. Coffman v. Illinois |
Illinois |
2020-05-01 |
Denied |
Response WaivedIFP |
5th-amendment criminal-procedure due-process involuntary-confession miranda-rights motion-to-suppress |
Whether the trial court erred in denying the petitioner's motion to suppress statements |
| 19-8379 |
Herbert Burgess v. Illinois |
Illinois |
2020-04-30 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-exclusion fair-trial judicial-bias judicial-misconduct prosecutorial-misconduct trial-bias witness-credibility |
Whether the trial court's repeated displays of bias, hostility, and animosity toward Herbert Burgess violated the standard for prejudice and bias |
| 19-8382 |
Christopher Ewing, aka Alex Christopher Ewing v. Nevada |
Nevada |
2020-04-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process extradition extradition-hearing fourteenth-amendment indigent-defendant right-to-counsel sixth-amendment statutory-interpretation |
Whether the Uniform Criminal Extradition Act's guarantee of the right to 'demand and procure counsel' requires state courts to appoint counsel for ind… |
| 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 |
| 19-1256 |
Jennifer Mae Levin v. Florida |
Florida |
2020-04-30 |
Denied |
Response Waived |
cause-of-death confrontation-clause criminal-procedure due-process dui-manslaughter expert-testimony medical-records sixth-amendment |
Whether the prosecution can meet its burden of proving cause of death through the testimony of a hospitalist who did not treat the alleged victim and … |
| 19-8373 |
Frank Silva Roque v. Arizona |
Arizona |
2020-04-29 |
Denied |
IFP |
appeals appellate-review civil-rights constitutional-rights criminal-procedure due-process evidence evidence-rules federal-law habeas-corpus standing |
Did the Arizona court err in upholding the state court's ruling contrary to federal law on a reasonable appeal of federal claims? |
| 19-8380 |
Samory Azikiwe Monds v. United States |
Eighth Circuit |
2020-04-29 |
Denied |
Response WaivedRelisted (2)IFP |
admissibility circuit-split controlled-substances criminal-procedure evidence evidence-rule federal-rule prior-bad-acts propensity-evidence |
Whether Federal Rule of Evidence 404(b) should be construed |
| 19-8370 |
Cynthia Fisher v. Walgreen Co. |
Fourth Circuit |
2020-04-28 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure fourth-amendment search-and-seizure standing |
Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 19-8376 |
Carlos M. Guerrero-Castro v. United States |
First Circuit |
2020-04-28 |
Denied |
Response WaivedIFP |
conspiracy criminal-enterprise criminal-procedure enterprise essential-element judicial-procedure jury-instruction jury-instructions plain-error RICO rico-conspiracy |
Whether a district court commits plain error by refusing to properly instruct the jury that the existence of an actual enterprise is always an essenti… |
| 19-8364 |
Adam C. Vance v. United States |
Sixth Circuit |
2020-04-27 |
Denied |
Response WaivedIFP |
access-device-fraud aggravated-identity-theft criminal-procedure identity-theft internet-transactions interstate-commerce reasonable-doubt sufficiency-of-evidence united-states-v-alexander united-states-v-vance |
Was Vance Entitled To Acquittal for Online Internet-based Aggravated Identity Theft |
| 19-8365 |
Arthur Lopez v. California |
California |
2020-04-27 |
Dismissed |
Response WaivedIFP |
appellate-procedure civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment free-speech habeas-corpus judicial-review standing |
Whether the petitioner's constitutional rights under the First, Sixth, and Fourteenth Amendments were violated by the state court's denial of his peti… |
| 19-8366 |
Andres Fernando Cabezas v. United States |
Eleventh Circuit |
2020-04-27 |
Denied |
Response WaivedIFP |
appeals appellate-procedure circuit-split civil-procedure criminal-procedure due-process federal-jurisdiction forfeiture property-recovery property-rights rule-41g subject-matter-jurisdiction |
Does a district court have subject-matter jurisdiction to decide 41(g) motions for recovery of property that is unrelated to a criminal judgment on ap… |
| 19-8358 |
Anthony L. Meads v. Illinois |
Illinois |
2020-04-26 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process jurisdiction sixth-amendment speedy-trial |
Whether the petitioner's Sixth Amendment right to a speedy trial was violated |
| 19-8360 |
Juan C. Parra-Interian v. Mike Obenland |
Ninth Circuit |
2020-04-26 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-error criminal-procedure due-process evidence exculpatory-evidence harmless-error joinder-of-charges probable-cause standing witness witness-testimony |
Question not identified |
| 19-8361 |
Tyrone Price v. United States |
Sixth Circuit |
2020-04-26 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process firearms ineffective-assistance post-conviction-relief racketeering sentencing sentencing-phase |
Does the elements clause of 18 U.S.C. 924(c) convictions support 'use of violence' physical force? |
| 19-8362 |
Henry M. Mitchell, Jr. v. California |
California |
2020-04-26 |
Denied |
Response WaivedIFP |
bad-faith constitutional-rights criminal-procedure cross-examination due-process evidence-destruction police-misconduct |
Whether the police may rely on unsubstantiated evidence to absolve them of bad faith intentional destruction of potentially useful evidence? |
| 19-8353 |
Curtis Stokes v. Indiana |
Indiana |
2020-04-24 |
Denied |
Response WaivedIFP |
appellate-review constitutional-equal-protection criminal-procedure due-process equal-protection evidence ineffective-assistance-of-counsel post-conviction-relief strickland-standard sufficiency-of-evidence |
Does Indiana have an obligation to equally apply the federal constitution in the same factual scenario? |
| 19-8341 |
Richard Knight v. Florida Department of Corrections |
Eleventh Circuit |
2020-04-23 |
Denied |
IFP |
capital-punishment criminal-procedure florida-sentencing hurst-v-florida retroactivity ring-precedent ring-v-arizona teague-standard teague-v-lane |
Whether Hurst v. Florida is retroactive to the petitioner under Teague v. Lane |
| 19-8342 |
Dearieus Duheart v. United States |
Fifth Circuit |
2020-04-23 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sentencing-enhancement sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit the use of acquitted conduct to enhance a defendant's sentence? |
| 19-8346 |
Naeem Jones v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2020-04-23 |
Denied |
IFP |
actual-innocence constitutional-law criminal-procedure due-process federal-courts federal-habeas habeas-corpus ineffective-assistance state-prisoner strickland-standard |
Does a freestanding claim of actual innocence stand a basis of relief for a state prisoner in the context of a federal habeas proceeding? |
| 19-8331 |
Jose A. Rodriguez v. Thomas Griffin, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2020-04-22 |
Denied |
IFP |
constitutional-error constructive-amendment criminal-procedure due-process felony-offense grand-jury indictment ineffective-assistance penal-law right-to-counsel |
Whether the State Court constructively amended the indictment |
| 19-8333 |
Nekhent Supreme Ali, aka William Sean Perry, Jr. v. United States |
Fourth Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
21-usc-841 criminal-procedure criminal-statute currency-conversion drug-proceeds drug-weight due-process sentencing sentencing-guidelines |
Whether federal courts are required to use the lowest drug present in the defendant's instant offense when converting currency drug proceeds into drug… |
| 19-8334 |
James Butler v. United States |
Sixth Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
criminal-procedure custody due-process fifth-amendment miranda-rights miranda-warning police-interrogation totality-of-circumstances |
If a statement by the presiding officer that the defendant is not 'under arrest' precludes a finding of custody despite the totality of the circumstan… |
| 19-8336 |
Igancio Reyes-Yanez v. United States |
Ninth Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure defendant-testimony due-process jury-instruction jury-instructions presumption-of-innocence |
Should the government be allowed to tell a jury that there is no presumption of innocence for a defendant's testimony? |
| 19-8338 |
Charles P. Mayeux, Jr. v. Louisiana |
Louisiana |
2020-04-22 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-amendments criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-amendment fourteenth-amendment jackson-v-virginia jury-trial non-unanimous-verdict sixth-amendment |
Whether a conviction based upon a non-unanimous verdict violates the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8339 |
Juan M. Santiago v. United States |
First Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
appeal-waiver booker booker-error criminal-procedure federal-sentencing mandatory-guidelines miscarriage-of-justice sentencing sentencing-guidelines waiver |
Whether an established Booker error (mandatory application of the USSG) can be considered per se a miscarriage of justice/exception that is not waived… |
| 19-8314 |
Reginald Ward v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2020-04-21 |
Denied |
IFP |
actual-innocence circumstantial-evidence constitutional-provisions constitutional-rights criminal-procedure due-process forensic-evidence jurisdiction self-defense statutory-interpretation |
Whether a defendant is actually innocent when the socks clearly show he acted within his wants, and whether the defendant's exercise of his rights to … |
| 19-8318 |
William Whiteley v. John Willis, et al. |
Eleventh Circuit |
2020-04-21 |
Denied |
Response WaivedIFP |
automobile-exception certificate-of-appealability criminal-procedure evidence-law exculpatory-evidence eyewitness fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-and-seizure warrantless-search |
Whether petitioner is entitled to a certificate of appealability on his claim that the warrantless search of his automobile's glove compartment violat… |
| 19-8319 |
Tarvares James Watson v. Florida |
Florida |
2020-04-21 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-claim constitutional-rights conviction criminal-procedure due-process habeas-corpus judicial-review legal-standard procedural-challenge wrongful-conviction |
Whether petitioner's conviction resulted in the conviction of one who is actually innocent? |
| 19-8323 |
William George Coodey v. Oklahoma |
Oklahoma |
2020-04-21 |
Denied |
IFP |
consent criminal-procedure dna-evidence dna-testing due-process factual-innocence jackson-v-virginia rape sixth-amendment |
Whether DNA testing that would undermine an alleged rape victim's testimony denying consent to sexual intercourse would create sufficient uncertainty … |
| 19-8324 |
James William Hornsby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-21 |
Denied |
IFP |
adversarial-process brain-injury constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment strickland-v-washington |
Whether the district court's denial of relief and determination resulted from the incorrect interpretation of 'Assistance' under the Sixth Amendment r… |
| 19-8325 |
Qais Hussein v. United States |
Seventh Circuit |
2020-04-21 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining section-2255 sentencing sentencing-guidelines |
Is it reasonably debatable that Qais Hussein was deprived the effective assistance of counsel where his defense attorney failed to object to any insin… |
| 19-8309 |
Cynthia Fisher v. Frontline National |
Fourth Circuit |
2020-04-20 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure fourth-amendment search-and-seizure standing |
Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 19-8312 |
Lazaro Candelaria v. United States |
Eleventh Circuit |
2020-04-20 |
Denied |
Response WaivedIFP |
criminal-justice-reform criminal-procedure first-step-act ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prior-convictions sentencing sentencing-enhancement shepard-documentation |
Whether the First Step Act of U.S. Senate Bill 756 applies to the Petitioner |
| 19-1236 |
Rachel Joanna Evens v. Timothy John Evens |
South Dakota |
2020-04-20 |
Denied |
Response Waived |
terminating visitation without any consideration child-custody civil-procedure due-process evidence evidence-rules hearsay judicial-authority parental-rights parenting-coordinator sanctions |
What constitutes 'Due Process of Law? Can binding orders be implemented |
| 19-8304 |
Timothy J. McVay v. Illinois |
Illinois |
2020-04-19 |
Denied |
Response WaivedIFP |
actus-reus burden-of-proof civil-rights constitutional-rights criminal-procedure due-process first-degree-murder mens-rea presumption-of-innocence |
Whether a bench trial conviction of first degree murder can be upheld without evidence |
| 19-8305 |
Kinsley Ononuju v. Virginia |
Virginia |
2020-04-19 |
Rehearing |
Relisted (2)IFP |
appeal appellate-review constitutional-rights criminal-procedure due-process equal-protection indigence indigent-defendant transcript transcript-cost |
Whether Virginia's law mandating government to defray cost of trial transcript only for indigent felons, but not indigent misdemeanants, violates Equa… |
| 19-8307 |
Jose Lopez v. Rollin Cook, Commissioner, Connecticut Department of Correction |
Connecticut |
2020-04-19 |
Denied |
IFP |
civil-liberties civil-rights constitutional-law constitutional-rights due-process evidence evidence-tampering habeas-corpus judicial-misconduct |
Was due process followed per the Connecticut constitution? |
| 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 Dohnson's Trial Counsel provided Constitutionally ineffective assistance of Trial Counsel |
| 19-8298 |
David M. Kissi v. United States District Court for the District of Maryland |
Fourth Circuit |
2020-04-18 |
Denied |
IFP |
civil-rights criminal-procedure due-process fbi fbi-warrant fourth-amendment hearsay hearsay-evidence miranda-rights search-and-seizure |
Whether the trial court overlooked evidence that the FBI had Petitioner arrested and searched his home with writs that were inadmissible because they … |
| 19-1230 |
Bobby Knight v. Chenega Security, Inc., et al. |
Fourth Circuit |
2020-04-18 |
Denied |
Response Waived |
civil-procedure civil-rights contract-law dismissal due-process evidence motion-to-dismiss pro-se-litigation qui-tam qui-tam-action standard-of-review standing whistleblower-protection |
Did the court below fail to use an appropriate standard of review when granting all the dismissal motions without recognizing the petitioner's evidenc… |
| 19-8277 |
Abraham A. Augustin v. United States |
Sixth Circuit |
2020-04-17 |
Denied |
Response WaivedIFP |
ancillary-jurisdiction bivens-action civil-procedure constructive-possession criminal-investigation criminal-procedure fed-r-crim-p-16 fed-r-crim-p-41 jurisdiction property-seizure |
Whether the district court had ancillary jurisdiction over property seized during the criminal investigation |
| 19-8286 |
Edward Tiger v. Florida |
Florida |
2020-04-17 |
Denied |
Response WaivedIFP |
competency criminal-competency criminal-procedure due-process fifth-amendment fourteenth-amendment jurisdiction jurisdictional-prerequisite |
Whether a finding that a criminal defendant is presently competent to proceed is a jurisdictional prerequisite to a court's authority to deprive an ac… |
| 19-8273 |
Deonday Evans v. United States |
Sixth Circuit |
2020-04-16 |
Denied |
Response WaivedIFP |
18-usc-922 18-usc-924 commerce-clause commerce-nexus criminal-procedure exclusionary-rule federalism federalism-principles fourth-amendment search-warrant sentencing-guidelines standing |
Whether federalism principles require reinterpretation of 18 U.S.C. § 922(g) and 18 U.S.C. § 924 to require a more meaningful commerce nexus |
| 19-8274 |
Tracy Anthony Scott v. United States |
Eleventh Circuit |
2020-04-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process guilty-plea mens-rea plea-bargaining rehaif-v-united-states sixth-amendment |
Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty? |
| 19-8280 |
Jesus Jaime Jimenez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-16 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fifth-circuit habeas-corpus jurisdiction lack-of-jurisdiction statutory-window |
Did the Fifth Circuit err in not allowing Petitioner his rights to bring his complaint of 'Lack of Jurisdiction', under a §2254 Writ of Habeas Corpus,… |
| 19-1218 |
Marcus Lee Robinson v. Colorado |
Colorado |
2020-04-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
civil-rights criminal-procedure due-process fair-trial jury-bias jury-trial plain-error prosecutor-misconduct prosecutorial-misconduct racial-bias racial-discrimination racial-prejudice |
Whether a prosecutor's blatant appeals to racial prejudice constitute plain error, even if the defendant cannot show that they altered the jury's verd… |
| 19-8260 |
Alvin Fulton v. New York |
New York |
2020-04-15 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process ex-post-facto fundamental-miscarriage judicial-discretion post-release-supervision sentencing sentencing-error sex-offenses |
Whether issuance of the writ is agreeable to the usages and principles of law, whether the State of New York Court of Appeals has decided an important… |
| 19-8261 |
Sean Ath v. United States |
Fourth Circuit |
2020-04-15 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-conviction criminal-procedure due-process evidentiary-sufficiency judicial-standard standard-of-review substantial-evidence sufficiency-of-evidence united-states-v-rahseparian |
Whether the United States Court of Appeals properly applied the 'substantial evidence' test in concluding there was sufficient evidence to affirm Peti… |
| 19-8263 |
Larry Wesley Brown v. United States |
Fifth Circuit |
2020-04-15 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-procedure drug-possession drug-trafficking felony-enhancement guidelines gun-possession sentencing sentencing-guidelines |
Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decisions of other Circuits on an important matter… |
| 19-8266 |
James Heard v. Illinois |
Illinois |
2020-04-15 |
Denied |
IFP |
appellate-review circuit-court-procedure constitutional-rights criminal-procedure due-process judicial-discretion pro-se-representation right-to-counsel self-representation trial-court |
Whether the trial court erred in denying Somes Heard's pre-trial motion to proceed pro se |
| 19-8253 |
Rudolph Churchill v. Pennsylvania |
Pennsylvania |
2020-04-14 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel |
Sixth Amendment-Ineffective-Assistance-of-Counsel |
| 19-8255 |
Emilio Medina-Rodriguez v. United States |
Fifth Circuit |
2020-04-14 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-review jury-trial precedent sentencing statutory-interpretation supreme-court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-8256 |
Jerry Browdy v. United States |
Eleventh Circuit |
2020-04-14 |
Denied |
Response WaivedIFP |
appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judicial-review motion-for-acquittal sentencing-errors sufficiency-of-evidence |
Whether the evidence was insufficient to support Browdy's conviction and his motion for judgment of acquittal should have been granted |
| 19-1213 |
Buck Leon Hammers v. United States |
Tenth Circuit |
2020-04-14 |
Denied |
Response Waived |
conspiracy conspiracy-conviction-inferences-executive-positio criminal-conviction evidence evidence-standard exculpatory-evidence executive-position hearsay hearsay-exculpatory-evidence-chambers-v-mississipp inference judicial-review tenth-circuit |
Whether the Tenth Circuit improperly found sufficient evidence for Mr. Hammers to be convicted of conspiracy based solely upon inferences from his exe… |
| 19-1214 |
Marty Friend v. Indiana |
Indiana |
2020-04-14 |
Denied |
Amici (1) |
criminal-defendants criminal-procedure discovery due-process evidence medical-records privilege privileged-records psychotherapist-patient psychotherapist-privilege sixth-amendment witness-testimony |
Whether, and under what circumstances, criminal defendants' Sixth Amendment and Due Process rights entitle them to obtain witnesses' privileged treatm… |
| 19-8247 |
John Wilson v. Florida |
Florida |
2020-04-13 |
Denied |
IFP |
competency-hearing criminal-procedure defendant-rights due-process judicial-procedure mental-competency self-representation sixth-amendment trial-court trial-court-discretion |
Whether the trial court was obligated to determine the mental competency of a defendant before granting him the right to represent himself at trial if… |
| 19-8251 |
Kevin Duane Talkington v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-13 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-instructions jury-selection |
Counsel's failure to strike biased juror,counsel's failure to investigate and present exculpatory evidence,court's failure to provide oral verbatim ju… |
| 19-8237 |
Fernando Romero-Salgado v. United States |
Ninth Circuit |
2020-04-10 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure fifth-amendment jury-instruction jury-instructions mens-rea plain-error plain-error-review sixth-amendment substantial-rights |
Does Rehaif error per se affect a defendant's substantial rights under the third prong of plain-error review? |
| 19-8217 |
Blake Jones v. McKee Foods Corporation |
Eighth Circuit |
2020-04-09 |
Denied |
Response WaivedIFP |
burden-of-proof civil-procedure discovery evidence pleadings summary-judgment |
Whether a defendant may ignore evidence provided through interrogatories, depositions, and motions for the purpose of summary judgment and have the wo… |
| 19-8228 |
Kirk Russell Marsh v. United States |
Fourth Circuit |
2020-04-09 |
Denied |
Response WaivedIFP |
claims-processing criminal-procedure direct-appeal equitable-tolling federal-rules-of-criminal-procedure judicial-procedure mandatory-claims-processing-rule procedural-error unique-circumstances |
Whether a trial court's violation of Federal Rule of Criminal Procedure 32(j)(1) is subject to redress on direct appeal |
| 19-8231 |
Juvenile Male v. United States |
Second Circuit |
2020-04-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence juvenile-justice juvenile-transfer prosecutorial-discretion rehabilitation sentencing transfer-hearing |
Whether the refusal of the United States Attorney to detail the defendant's role in weighing his potential for rehabilitation in the interest of justi… |
| 19-8234 |
Eric J. Davis v. LaShann Eppinger, Warden |
Ohio |
2020-04-09 |
Denied |
IFP |
conviction court-jurisdiction criminal-conviction criminal-procedure due-process jurisdiction legal-finality petition-construction standing subject-matter-jurisdiction void-judgment |
Whether there can be a finality of judgement of conviction rendered against a criminal defendant, where the criminal court lacked subject-matter-juris… |
| 19-8215 |
Victor Rivera-Munoz v. United States |
Ninth Circuit |
2020-04-08 |
Denied |
Response WaivedIFP |
circuit-court-interpretation criminal-procedure criminal-sentencing manager-enhancement sanctions sentencing-commission sentencing-guidelines subordinate-authority subordinates supervisor-enhancement supervisor-role |
Can a defendant receive a manager or supervisor enhancement under U.S.S.G. § 3B1.1 when the evidence establishes that his alleged subordinates felt fr… |
| 19-8220 |
Jorge Macli v. United States |
Eleventh Circuit |
2020-04-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment trial-choice |
Whether the Petitioner was denied his Sixth Amendment right to effective assistance of counsel |
| 19-8222 |
Steven Mason v. United States |
District of Columbia |
2020-04-08 |
Denied |
Response WaivedIFP |
brady brady-violation criminal-procedure disclosure due-process exculpatory exculpatory-evidence impeachment jury-prejudice prosecutorial-misconduct severance trial-severance |
Whether the lower courts erred in finding that the Government's late disclosure of exculpatory and impeaching information did not prejudice the defend… |
| 19-8197 |
Fred Furnish v. Kentucky |
Kentucky |
2020-04-07 |
Denied |
IFP |
criminal-procedure death-penalty due-process habeas-corpus hearing-impairment impartial-jury juror-bias juror-impartiality jury-selection right-to-fair-trial |
When a juror realizes that he has been in an identical situation vis-a-vis the defendant as the victims of the defendant's crimes, is that juror unqua… |
| 19-8200 |
Don Farley v. Carl Parson |
Tenth Circuit |
2020-04-07 |
Denied |
IFP |
civil-procedure civil-rights due-process evidence evidence-exclusion first-amendment fourteenth-amendment free-speech witness-testimony |
Was Farley denied his First Amendment Right of Free Speech and Fourteenth Amendment of due process? |
| 19-8201 |
James R. Householder v. Pennsylvania |
Pennsylvania |
2020-04-07 |
Denied |
IFP |
civil-rights criminal-procedure exigent-circumstances fourth-amendment probable-cause search-and-seizure |
Whether the petitioner's Fourth Amendment rights were violated when the police conducted a warrantless search of their home without exigent circumstan… |
| 19-8204 |
Arnold Eugene Fox, Jr. v. United States |
Sixth Circuit |
2020-04-07 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence-tampering fourth-amendment free-speech ineffective-counsel prosecutorial-misconduct search-warrant standing statutory-interpretation |
Does federal statute 18 U.S.C. § 2422(b) have an unconstitutionally vague residual clause? |
| 19-8205 |
In Re Jonathan E. Brunson |
|
2020-04-07 |
Denied |
IFP |
brady-v-maryland civil-rights constitutional-rights criminal-procedure discovery due-process evidence exculpatory-evidence post-conviction prosecutorial-misconduct trial-review |
Whether [Mr. Brunson's] right to discover exculpatory evidence is still enforceable |
| 19-8208 |
Jerald Harris v. Richard Jennings, Warden |
Eighth Circuit |
2020-04-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process identification identification-evidence police-misconduct reliability reliability-standard suggestive-circumstances |
Do the due process protections against unreliable identification evidence apply to all identifications made under suggestive circumstances, as held by… |
| 19-8209 |
Delgen Foye v. North Carolina |
Fourth Circuit |
2020-04-07 |
Denied |
Relisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule federal-trial speedy-trial standing takings |
Whether the U.S. Court of Appeals erred in refusing to address the violation of the petitioner's 14th Amendment rights |
| 19-8184 |
William Francis Walsh, IV v. United States |
Ninth Circuit |
2020-04-06 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-2252 criminal-procedure evidence-presentation federal-rules-of-evidence ninth-circuit-interpretation old-chief-precedent old-chief-v-united-states prejudicial-material rule-403 stipulation |
Did the Ninth Circuit's disposition of Petitioner's Rule 403 claim, based on the district court's having abused its discretion by rejecting his proffe… |
| 19-8186 |
Leroy Staton v. Superintendent, Lee Correctional Institution |
Fourth Circuit |
2020-04-06 |
Denied |
Response WaivedIFP |
actual-innocence bill-of-attainder criminal-conviction criminal-procedure due-process ineffective-assistance ineffective-counsel sexual-assault |
Whether defendant is not guilty due to lack of rape and murder cover-up, resulting in an irrational conviction from due process violations and an unfa… |
| 19-8191 |
Benjamin Velasquez v. United States |
Ninth Circuit |
2020-04-06 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
career-offender career-offender-guideline constitutional-vagueness criminal-procedure johnson-decision johnson-v-united-states residual-clause section-2255 sentencing timeliness timeliness-standard |
Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the preBooker care… |
| 19-8193 |
John Purifoy v. United States |
Fifth Circuit |
2020-04-06 |
Denied |
Response WaivedIFP |
appellate-jurisdiction appellate-review booker booker-decision criminal-procedure downward-departure jurisdiction sentencing sentencing-guidelines substantial-assistance |
Whether the courts of appeal have jurisdiction under Booker to review a district court's denial of a motion for downward departure under 5K1.1 |
| 19-8181 |
Arkeem Hakim Jordan v. North Carolina |
Fourth Circuit |
2020-04-03 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-disclosure particularity probable-cause prosecutorial-misconduct search-and-seizure speedy-trial |
Whether the search warrant and the resulting constitutionally and sufficiently particularized, and whether the officers were allowed to use their disc… |
| 19-8182 |
Edward Paul Moss v. Arizona |
Arizona |
2020-04-03 |
Denied |
IFP |
constitutional-law constitutional-rights conviction-review criminal-procedure due-process grand-jury judicial-discretion sentencing statutory-interpretation |
Whether the presumptive inference under Arizona law for any felony for which the Petitioner was convicted is unconstitutional |
| 19-1195 |
Adalberto Frickson Palacios-Solis v. United States |
Eleventh Circuit |
2020-04-03 |
Denied |
|
case-in-chief criminal-defendant criminal-procedure due-process evidence evidence-of-guilt fifth-amendment miranda miranda-rights pre-miranda-silence self-incrimination |
Whether the prosecution violates the Fifth Amendment's Self-Incrimination Clause when it uses a criminal defendant's post-arrest, pre-Miranda silence … |
| 19-8160 |
Eddie Vincent Rutledge v. Florida |
Florida |
2020-04-02 |
Denied |
Response WaivedIFP |
conspiracy constitutional-rights criminal-conspiracy criminal-procedure double-jeopardy fifth-amendment issue-preclusion solicitation |
Did the Florida trial court violate the Fifth Amendment's guarantee against double jeopardy? |
| 19-8170 |
Joe Robert Reynolds v. North Carolina |
North Carolina |
2020-04-02 |
Denied |
IFP |
appeal civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance post-conviction-relief sentencing |
Whether the defendant was arrested without a warrant and whether the defendant's attorneys' actions were part of the case strategy |
| 19-8172 |
Adam Carson v. United States |
Sixth Circuit |
2020-04-02 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure due-process federal-jurisdiction perjury statutory-interpretation witness-credibility witness-tampering |
Can a conviction for witness tampering be upheld when a Defendant did not ask a witness to lie for him? |
| 19-8173 |
Ervin L. St. Claire v. United States |
Eighth Circuit |
2020-04-02 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federal-courts habeas-corpus standing |
whether-the-eighth-circuit-erred-in-circumventing-the-five-step-inquiry-mandated-by-buck-v-davis |
| 19-8176 |
Homer Lawrence Lane v. Alabama |
Alabama |
2020-04-02 |
Denied |
IFP |
appellate-procedure constitutional-claim constitutional-rights criminal-procedure due-process federal-habeas legal-preclusion procedural-bar state-law state-rule structural-error |
Whether the State of Alabama may impose a state procedural bar rule to preclude a structural error claim |
| 19-8177 |
Christopher Kyle Keys v. Florida |
Florida |
2020-04-02 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment cellular-phone-data character-evidence collateral-crimes criminal-procedure due-process evidence sixth-amendment trial-court-discretion warrantless-search |
Does the trial court abuse its discretion, within the confines of substantive and procedural due process in the U.S. Constitution's 6th and 14th Amend… |
| 19-8151 |
Michael John Alcocer Roa v. United States |
Eleventh Circuit |
2020-04-01 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-denial criminal-procedure critical-stage due-process interlocutory-appeal right-to-counsel sixth-amendment united-states-v-cronic |
Does an interlocutory appeal constitute a critical stage, and does denial of counsel during an interlocutory appeal violate the Sixth Amendment under … |
| 19-8154 |
Jody Stamp v. United States |
Sixth Circuit |
2020-04-01 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure disabilities-act disability-accommodations due-process mental-health post-traumatic-stress sentencing sentencing-mitigation |
Whether the district court erred in failing to provide reasonable accommodations and handling of a defendant with ADHD and PTSD |
| 19-8155 |
Omar Saunders v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-04-01 |
Denied |
Response WaivedIFP |
appeals civil-rights court-of-appeals criminal-procedure denial due-process federal-courts habeas-corpus judicial-review saunders third-circuit |
Did the United States Court of Appeals for the Third Circuit err in affirming Mr. Saunders' Denial of Habeas Corpus? |
| 19-1191 |
Ohio v. Shawn Ford |
Ohio |
2020-04-01 |
Denied |
Amici (2) |
atkins-standard atkins-v-virginia civil-rights constitutional-provisions criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment intellectual-disability standing state-standards supreme-court-jurisdiction supreme-court-precedent |
What is the test for determining whether someone is 'intellectually disabled' for purposes of the Eighth Amendment? |
| 19-8149 |
Nathaniel Lambert v. Louisiana |
Louisiana |
2020-03-31 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
barker-test barker-v-wingo betterman-v-montana civil-procedure constitutional-provision constitutional-rights criminal-procedure due-process judicial-review sentencing-delay |
Whether the test of Barker v. Wingo governs Petitioner's claim that an eighteen-year sentencing delay violated due process? |
| 19-8137 |
Rafael Posadas-Gonzalez v. United States |
Fifth Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing federal-sentencing procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness upward-departure |
Whether the District Court and Court of Appeals misapplied the law under U.S.S.G § 4A1.3 and 18 U.S.C. § 3553 (a) sentencing factors |
| 19-8139 |
Douglas Duran Cerritos v. United States |
Fourth Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure eighth-amendment ineffective-assistance ineffective-assistance-of-counsel juvenile-offender juvenile-sentencing mandatory-life-sentence miller-v-alabama psychiatric-evaluation section-2255-motion |
Did the Fourth Circuit commit error by not granting Mr. Cerritos a COA under 28 U.S.C. §2253(c)(2), after the denial of his 28 U.S.C. §2255 motion whe… |
| 19-8147 |
Romulo Murillo-Morales v. United States |
Second Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fourteenth-amendment fourth-amendment probable-cause search-and-seizure warrant-requirement |
Whether the petitioner's conviction is valid given the warrantless search and seizure in violation of the Fourth and Fourteenth Amendments? |
| 19-8112 |
Mustafa Ali v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al. |
Third Circuit |
2020-03-27 |
Denied |
IFP |
certificate-of-appealability coerced-confession coerced-statement criminal-procedure due-process habeas-corpus jurisdiction-challenge pretextual-arrest right-to-counsel unwanted-counsel |
whether-the-court-of-appeals-denying-application-for-certificate-of-appealability |
| 19-8119 |
Walter E. Williams v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-03-27 |
Denied |
Relisted (2)IFP |
constitutional-challenge constitutional-law criminal-conviction criminal-procedure double-jeopardy due-process essential-element felony-murder judicial-review jury-instruction standing |
Whether the conviction for a crime without proof of an essential element of that crime violates the Due Process Clause of the Fourteenth Amendment |
| 19-8125 |
Wendell Ray Thomas v. California |
California |
2020-03-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel post-conviction-relief right-to-a-fair-trial sixth-amendment trial-fairness |
Whether Defense Counsel Craig Wormley's Mental Health Issues Had An Adverse Effect & Influence on the Outcome of the Trial |
| 19-8127 |
Casey Rafael Tyler v. Erik A. Hooks, Warden |
Fourth Circuit |
2020-03-27 |
Denied |
Response WaivedIFP |
civil-rights disciplinary-hearings documentary-evidence due-process evidence hearing-procedures prison-rights prisoners-rights video-surveillance wolff-v-mcdonnell |
Did the Wolff right to present documentary evidence encompass the right to present video evidence? |
| 19-8129 |
Charles Ben Bounds v. United States |
Fifth Circuit |
2020-03-27 |
Denied |
Response WaivedIFP |
appeal bounds-case court-of-appeals criminal-appeal criminal-procedure due-process fifth-circuit jurisdiction legal-review sentence-enhancement sentencing statutory-interpretation |
Whether the Fifth Circuit Court of Appeals erred in affirming the application of Sentence Enhancement |
| 19-1172 |
Mark Targowski v. Zachary Lee Rawlins |
Eighth Circuit |
2020-03-27 |
Denied |
Response Waived |
8th-circuit civil-procedure civil-rights direct-appeal due-process evidence evidence-standard jury per-curiam reasonable-jury standing verdict writ-of-certiorari |
Whether no reasonable jury could have reached the same verdict based on the evidence submitted. |
| 19-8104 |
Juan Gonzalez-Arias v. United States |
First Circuit |
2020-03-26 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-procedure drug-trafficking fourth-amendment home-search nexus probable-cause right-to-counsel search-warrant sixth-amendment |
Was there sufficient evidence of probable cause to establish a nexus between Mr. Gonzalez-Arias's drug trafficking activity and his home to justify se… |
| 19-8106 |
Salvador Arteaga Aragon v. United States |
Ninth Circuit |
2020-03-26 |
Denied |
Response WaivedIFP |
appellate-review conspiracy court-of-appeals criminal-conviction criminal-law due-process evidence evidence-sufficiency judicial-review petitioner standard-of-review |
Whether the court of appeals erred in finding sufficient evidence to sustain petitioner's conspiracy conviction |
| 19-8099 |
Brandon Perry Smith v. Utah |
Utah |
2020-03-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment heightened-clarity miranda-rights sixth-amendment state-courts suspect-comprehension waiver-standard |
Have the Utah courts adopted a rule of law which, in applying the 'heightened clarity' standard as expanded by Berghuis v. Thompkins, dispensed with a… |
| 19-8100 |
Jorge Rodriguez-Luca v. United States |
Sixth Circuit |
2020-03-25 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure criminal-sentencing johnson-rule johnson-v-united-states mandatory-guidelines residual-clause sentencing-guidelines statutory-interpretation vagueness-doctrine void-for-vagueness |
Whether the new rule announced in Johnson v. United States applies to the identical residual clause in the mandatory guidelines, U.S.S.G. § 4B1.2 (200… |
| 19-8055 |
Corey Jones v. United States |
Second Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review constitutional-rights criminal-procedure due-process judicial-discretion judicial-review sentencing supervisory-power |
Whether the Court should exercise its supervisory power to order further consideration of the petitioner's sentence for biting a finger |
| 19-8056 |
Brian Alan Matalka v. United States |
Fifth Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure federal-criminal-procedure federal-statutes fifth-circuit-review indigency indigent-status plain-error plain-error-review special-assessment standard-of-review |
Did the Fifth Circuit's cursory review of the district court record reached the wrong conclusion that Matalka was not indigent under the standard pros… |
| 19-8058 |
Maurice Brack, aka Maurice Barrack, aka Maurice Black, aka Maurice L. Brack, aka Socca Bopum, aka Socka Bopa v. New Jersey |
New Jersey |
2020-03-23 |
Denied |
IFP |
8th-amendment adolescent-development constitutional-retroactivity criminal-procedure due-process eighth-amendment family-court juvenile-justice juvenile-waiver retroactivity |
Whether New Jersey's revised juvenile waiver statute (N.J.S.A. 2A:4A-26.1(c)) which prohibits the Family Court from waiving its jurisdiction over any … |
| 19-8062 |
Troy Anthony LeBouef v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-03-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict |
Was LeBouef entitled to a unanimous jury verdict under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8066 |
Silvestre Lara-Cervantes v. United States |
Fifth Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
case-remand criminal-procedure harmless-error holguin-hernandez judicial-review precedent reasonable-probability reconsideration remand sentencing standard-of-review supreme-court-precedent |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 19-8077 |
Arnold Anderson v. Gilberto Valenzuela, et al. |
Ninth Circuit |
2020-03-23 |
Denied |
IFP |
criminal-procedure digital-privacy forensic-evidence fourth-amendment property-rights search-and-seizure |
Whether the Fourth Amendment prohibits the warrantless seizure of a person's property for the purpose of conducting a forensic search of the property'… |
| 19-8080 |
Julio Solorzano v. United States |
Ninth Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
actual-innocence-exception civil-rights collateral-attack criminal-procedure davis-ruling due-process federal-courts habeas-corpus sentencing sentencing-challenge waiver-doctrine |
Whether a defendant who previously waived collateral attack may seek relief under Davis v. United States |
| 19-8082 |
Altius Willix v. United States |
Eleventh Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
concurrent-sentence concurrent-sentence-doctrine criminal-procedure double-jeopardy duplicitous-indictment fifth-amendment multiplicious-charges sixth-amendment structural-error |
Is an indictment considered duplicitous or multiplicious when it charges 2 counts occurring out of the same sequence or events that led to one episode… |
| 19-1159 |
Michael Bouchard v. United States |
Second Circuit |
2020-03-23 |
Denied |
Response Waived |
6th-amendment brady-giglio-jencks brady-violation certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel ex-post-facto false-statements false-statements-statute ineffective-assistance ineffective-assistance-of-counsel mortgage-lending retroactivity sixth-amendment |
Whether the 2009 amended version of 18 U.S.C. §1014 was retroactively applied in violation of the Ex Post Facto Clause |
| 19-1163 |
Bernard Rottschaefer v. United States |
Third Circuit |
2020-03-23 |
Denied |
Response Waived |
appeals collateral-estoppel court-of-appeals criminal-procedure criminal-prosecution double-jeopardy drug-distribution due-process judicial-deference judicial-review jurisdiction medical-professional precedent standard-of-review substantial-question |
May the District Court overrule the previous unanimous Court of Appeals decision in the same case? |
| 19-1153 |
Russell A. Suzuki, et al. v. Christopher Deedy |
Ninth Circuit |
2020-03-20 |
Denied |
|
28-usc-1257 appellate-review civil-procedure criminal-procedure double-jeopardy exxon-mobil-v-saudi-basic federal-court-jurisdiction federal-jurisdiction lesser-included-offense lesser-included-offenses standing state-court-judgment state-court-judgments |
Limits on federal court jurisdiction to review state court judgments |
| 19-8049 |
Kenneth Marquise Ruff v. United States |
Fourth Circuit |
2020-03-20 |
Denied |
Response WaivedIFP |
18-usc-1962d 5th-amendment criminal-procedure due-process fifth-amendment rico rico-conspiracy sentencing-enhancement statutory-interpretation |
Whether the Fifth Amendment's guarantee of procedural due process is violated where the Petitioner receives a sentencing enhancement in a Racketeer In… |
| 19-8050 |
Cuwan Merritt v. United States |
First Circuit |
2020-03-20 |
Denied |
Response WaivedIFP |
4th-amendment canine-sniff criminal-procedure de-facto-arrest law-enforcement probable-cause reasonable-articulable-suspicion reasonable-suspicion search-and-seizure |
Whether the level of corroboration and investigation required for reasonable articulable suspicion gives rise to a de facto arrest, which requires pro… |
| 19-8051 |
Jack Benjamin Hessiani v. United States |
Ninth Circuit |
2020-03-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment grand-jury indictment indictment-defect jurisdictional-challenge mens-rea sixth-amendment |
Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential element of the offense |
| 19-8052 |
Mohamed A. Almahmmody v. Tennessee |
Tennessee |
2020-03-20 |
Denied |
Response WaivedIFP |
the legal issue being raised appears to be: appeal court-appointed-counsel criminal-appeal criminal-procedure due-process in-forma-pauperis indigency indigent-defendant pro-bono-representation right-to-counsel transcript trial-transcript |
Whether the Petitioner's constitutional rights were violated when the state court failed to appoint counsel for his appeal despite finding him indigen… |
| 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… |
| 19-8047 |
Richard E. Daniel v. Timothy C. Ward, Commissioner, Georgia Department of Corrections |
Eleventh Circuit |
2020-03-19 |
Denied |
IFP |
coercion constitutional-rights criminal-procedure due-process equal-protection jury-selection peremptory-challenges plea-bargaining prosecutorial-misconduct racial-discrimination right-to-trial |
Whether a defendant has a constitutional right to withdraw a plea of not guilty and enter a plea of guilty over the objection of the trial judge |
| 19-8015 |
Gabriel Cruz v. United States |
Eleventh Circuit |
2020-03-18 |
Denied |
Response WaivedIFP |
bruton-rule co-defendant-statement codefendant-statement confrontation-clause criminal-appeal criminal-procedure eleventh-circuit non-testimonial non-testimonial-statement severance |
Whether the United States Court of Appeal Eleventh Circuit erred in finding that the Bruton rule does not mandate a severance when a non-testifying co… |
| 19-8016 |
Jaime Vega, aka Jimmy Johnson v. United States |
Ninth Circuit |
2020-03-18 |
Denied |
Response WaivedIFP |
appeal appeals criminal-procedure district-court due-process revocation-sentence sentencing sentencing-guidelines statutory-interpretation supervised-release |
To what extent does 18 U.S.C. § 3553 require a district court to specifically state the reasons for imposing a revocation sentence above the guideline… |
| 19-8025 |
Kwasi McKinney v. Arkansas |
Arkansas |
2020-03-18 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression harmless-error involuntary-statement miranda-rights search-and-seizure search-warrant |
Whether the Arkansas Court of Appeals erred in finding that the admission of an allegedly involuntary statement was harmless error |
| 19-8027 |
Javier Gomez-Carrasquillo v. United States |
First Circuit |
2020-03-18 |
Denied |
Response WaivedIFP |
18-usc-3553(a) circuit-review criminal-procedure criminal-sentencing individualized-assessment plea-agreement procedural-reasonableness puerto-rico-crime sentencing-factors sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Whether the district court erred in imposing a sentence that was procedurally and substantively unreasonable by failing to adequately consider the 18 … |
| 19-8033 |
In Re Jonathan A. Hampton |
|
2020-03-18 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction habeas-corpus harmless-error jury-instructions lesser-included-offense prosecutorial-appeal state-law structural-error |
Does the California Supreme Court's holding in People v. Breverman (1998) inadvertently impose an unlawful state of ambiguity when faced with the fede… |
| 19-1140 |
In Re Wesley Perkins |
|
2020-03-18 |
Denied |
|
abuse-of-discretion access-to-courts appellate-jurisdiction recusal statutory-construction access-to-courts appellate-jurisdiction civil-rights constitutional-challenge criminal-procedure due-process probation-revocation standing statutory-construction texas-code-of-criminal-procedure |
Is TEX. CODE CRIM. PROC. art. 42A.755(e) unconstitutional, as applied? |
| 19-8009 |
Hooman Ashkan Panah v. Ron Broomfield, Acting Warden |
Ninth Circuit |
2020-03-17 |
Denied |
Amici (1)IFP |
civil-rights criminal-procedure death-penalty due-process evidence-review habeas-corpus ineffective-assistance-of-counsel judicial-procedure juror-contact juror-misconduct remmer sixth-amendment third-party-influence |
Does the Ninth Circuit's conclusion—that the state court's dismissal of this claim without a hearing was reasonable—conflict with this Court's decisio… |
| 19-8013 |
Keith Alexander v. Pennsylvania |
Pennsylvania |
2020-03-17 |
Denied |
IFP |
criminal-procedure criminal-procedure-ineffective-assistance-of-couns criminal-sentencing due-process federal-appellate-review firearms ineffective-assistance-of-counsel judicial-interpretation mandatory-minimum mental-capacity sentencing sentencing-guidelines statutory-construction |
whether-the-court-erred-by-denying-defendant's-petition-for-writ-of-coram-nobis |
| 19-8019 |
Efrain Sifuentes v. United States |
Fifth Circuit |
2020-03-17 |
Denied |
Response WaivedIFP |
resulting in an unreasonable sentence appeal appellate-review criminal-procedure district-court fifth-circuit sentencing-guidelines unreasonable-sentence |
Did the United States Court of Appeals for the Fifth Circuit improperly condone the District Court's error in applying the United States Sentencing Gu… |
| 19-8020 |
Walter Freeman Jordan, III v. United States |
Fifth Circuit |
2020-03-17 |
Denied |
Response WaivedIFP |
aiding-and-abetting criminal-procedure evidence-admission federal-rules-of-criminal-procedure federal-rules-of-evidence fifth-circuit harmless-error hearsay hearsay-evidence standard-of-review |
Did the admission of the unrefuted inadmissible hearsay evidence constitute harmful error |
| 19-8021 |
Henry L. Jackson v. Utah, et al. |
Tenth Circuit |
2020-03-17 |
Denied |
Response WaivedIFP |
destruction-of-evidence due-process equal-protection evidence evidence-destruction fair-trial fourteenth-amendment jury-selection peremptory-challenge vehicle |
Whether the state violated petitioner's Fourteenth Amendment right to due process and a fair trial when it released petitioner's vehicle to the lienho… |
| 19-7986 |
Wesley Scott Hamm v. United States |
Sixth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
bodily-injury conspiracy cooperation criminal-law-bodily-injury criminal-law-conspiracy criminal-law-cooperation criminal-law-sentencing criminal-law-withdrawal criminal-procedure criminal-procedure-acquittal drug-distribution due-process evidence judgment-of-acquittal law-enforcement-cooperation sentencing withdrawal |
Shouldn't a judgment of acquittal have been granted? |
| 19-7987 |
Ashley R. Hambright v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
criminal-procedure driving-while-intoxicated due-process dui evidence evidence-sufficiency federal-appeals intoxication magistrate-review military-jurisdiction stare-decisis sufficiency-of-evidence |
Whether the Fifth Circuit erred in affirming the DWI conviction by relying on an incorrect statement of the law on causation and failing to evaluate t… |
| 19-7991 |
Oscar Garcia v. United States |
Tenth Circuit |
2020-03-16 |
Denied |
IFP |
article-iii-judge constitutional-rights criminal-procedure due-process federal-magistrates-act guilty-plea magistrate-judge rule-11 |
Whether a magistrate judge can fully and finally accept a felony guilty plea with the defendant's consent |
| 19-7994 |
David Armondo Butler v. Florida |
Florida |
2020-03-16 |
Denied |
Response WaivedIFP |
adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage |
Was court-appointed counsel's decision not to seek video footage of alleged victim's prior acts of violence a violation of the Sixth Amendment right t… |
| 19-7998 |
Paul Anthony Montanez v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines |
Did the district court impose a plainly unreasonable sentence upon Mr. Montanez? |
| 19-8000 |
James Robert Peterson v. United States |
Fourth Circuit |
2020-03-16 |
Denied |
IFP |
courts-of-appeals-split criminal-procedure detainer-act federal-state-courts interstate-agreement interstate-agreement-on-detainers-act motion-tolling speedy-trial-act time-to-trial tolling |
Does a pending motion automatically toll the IADA's time-to-trial clock? |
| 19-8005 |
Harrison Garcia v. United States |
Eleventh Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing direct-appeal edwards-v-arizona first-step-act mandatory-minimum mandatory-minimums right-to-counsel sentencing sentencing-retroactivity statutory-interpretation |
Whether Section 403 of the First Step Act of 2018 applies where Petitioner's sentence is not final and he would no longer be subject to multiple, mand… |
| 19-7985 |
Charles Ray Hooper v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-v-united-states brady-violation certificate-of-appealability criminal-procedure due-process federal-courts government-misconduct guilty-plea plea-bargaining procedural-bar prosecutorial-misconduct |
Must a defendant continue to challenge a procedural bar ruling after being granted a Certificate of Appealability? |
| 19-7980 |
Maechel Shawn Patterson v. United States District Court for the Eastern District of North Carolina |
Fourth Circuit |
2020-03-13 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process equal-protection retroactive-application statutory-interpretation victim-rights victims-rights |
Whether the North Carolina Crime Victims' Rights Act can be constitutionally applied to the petitioner for crimes committed before the Act's effective… |
| 19-7982 |
Alex Penland v. Ohio |
Ohio |
2020-03-13 |
Denied |
IFP |
abuse-of-discretion criminal-conviction criminal-procedure due-process evidence false-testimony habeas-corpus judicial-fraud legal-remedy post-conviction-relief prosecutorial-misconduct trial-court-discretion |
Does the trial court abuse its discretion when it failed to entertain Penland's claim that his conviction was tainted by fraud when the prosecutor kno… |
| 19-7988 |
Junior Jean Baptiste v. United States |
Eleventh Circuit |
2020-03-13 |
Denied |
Response WaivedIFP |
appellate-review confrontation-clause criminal-procedure criminal-trial due-process evidence harmless-error hearsay hearsay-standard standard-of-review |
Where hearsay, consisting of an inculpatory, out-of-court statement made other than to law enforcement, is erroneously introduced to the defendant's p… |
| 19-7957 |
Damar D. Ruffin v. United States |
Sixth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
appeals appellate-review controlled-substance controlled-substances criminal-procedure double-jeopardy due-process evidence evidence-law jury-instruction jury-trial reversible-error sentencing standard-of-review |
Whether the court of appeals committed reversible error in determining the amount of a controlled substance |
| 19-7958 |
Anthony Quinones v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
career-offender career-offender-guideline constitutional-vagueness criminal-procedure criminal-procedure-28-usc-2255 johnson-v-united-states residual-clause section-2255 sentencing timeliness timeliness-standard vagueness |
Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker car… |
| 19-7968 |
Akube Wuromoni Ndoromo v. William P. Barr, Attorney General, et al. |
District of Columbia |
2020-03-12 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process equal-protection fifth-amendment fourteenth-amendment fourth-amendment jury-trial seventh-amendment standing takings |
Does the Fourth Amendment protect the right of the people to be secure therein? |
| 19-7971 |
William L. Lewis v. Illinois |
Illinois |
2020-03-12 |
Denied |
Response WaivedIFP |
bias burden-of-proof criminal-procedure due-process judicial-error prejudice prior-convictions reasonable-doubt robbery sentencing sufficiency-of-evidence |
Did the trial court and appellate court err in entering a finding of guilt on a single count robbery when the government did not prove petitioner's gu… |
| 19-7973 |
Quincy Chisolm v. Maryland |
Maryland |
2020-03-12 |
Denied |
IFP |
appeal civil-rights conspiracy conviction criminal-procedure due-process first-degree-murder judicial-discretion mitigating-circumstances murder sentencing trial-court-error |
Did the trial Court err in failing to set aside the verdict that a Conviction can the Court of Criminal Appeals to murder? |
| 19-7974 |
Jesse Moreno v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
28-usc-2255 career-offender career-offender-guideline constitutional-vagueness criminal-procedure johnson-v-united-states residual-clause section-2255 sentencing timeliness-standard |
Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker car… |
| 19-7976 |
Lonnie Victor Fleming v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
28-usc-2255 career-offender career-offender-guideline constitutional-vagueness criminal-procedure johnson-v-united-states residual-clause section-2255 sentencing timeliness timeliness-standard |
Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker car… |
| 19-7977 |
Robert Morris Hoff v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
career-offender career-offender-guideline constitutional-vagueness criminal-procedure criminal-procedure-28-usc-2255 johnson-v-united-states residual-clause section-2255 sentencing timeliness timeliness-standard vagueness |
Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker car… |
| 19-7978 |
Ramon Delgado, aka Ramon Delgado-Pina v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
administrative-law affection-influence civil-rights constitutional-vagueness criminal-procedure double-jeopardy due-process foreign-nationals foreign-relations security-clearance sentencing uncharged-conduct vagueness |
Was the security clearance questionnaire unconstitutionally vague? |
| 19-7979 |
Leo Chadwick v. United States |
Fourth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
animal-fighting animal-rights constitutional-rights criminal-procedure due-process equal-protection judicial-bias pre-sentence-report recusal sentencing |
Whether a judge's statements demonstrating extreme bias against pit bull owners as a class and advocating the elimination of anyone involved in dogfig… |
| 19-7981 |
Marcos Robert Castaneda v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
career-offender career-offender-guideline criminal-law criminal-procedure criminal-procedure-28-usc-2255 johnson-v-united-states mandatory-sentencing-guidelines ninth-circuit residual-clause sentencing sentencing-guidelines timeliness void-for-vagueness |
Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker car… |
| 19-1118 |
Jeffrey Todd Palumbo v. Connecticut |
Connecticut |
2020-03-12 |
Denied |
Response Waived |
criminal-procedure criminal-testimony doyle-v-ohio due-process exculpatory-evidence first-time-account impeachment miranda-rights Miranda-warnings prosecutorial-misconduct self-incrimination trial-procedure uncharged-misconduct |
Whether a prosecutor violates Doyle v. Ohio by eliciting the fact that an exculpatory story is being told for the 'first time' at trial |
| 19-7906 |
Angello A. D. Osborne v. Peter Georgiades |
Fourth Circuit |
2020-03-11 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process fabricated-evidence fourth-amendment malicious-prosecution police-misconduct stet unlawful-seizure |
Whether a 'STET' entry in a criminal prosecution precludes a defendant from recovering in a civil rights lawsuit against a police officer for fabricat… |
| 19-7945 |
Zacharias Abab Aguedo v. United States |
Eleventh Circuit |
2020-03-11 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judgment-of-acquittal sentencing sentencing-errors sufficiency-of-evidence |
Whether the evidence was insufficient to support Aguedo's conviction and his motions for judgment of acquittal should have been granted |
| 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… |
| 19-7960 |
Reginald Edward Green v. United States |
Fifth Circuit |
2020-03-11 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-rights criminal-procedure due-process fair-trial fifth-amendment prejudicial-evidence prison-garb shackles |
Is displaying a defendant shackled, handcuffed, in prison garb prejudicial? |
| 19-7962 |
Rodney Jerome Womack v. James Robertson, Warden |
Ninth Circuit |
2020-03-11 |
Denied |
IFP |
criminal-procedure habeas-corpus ineffective-assistance-of-counsel prior-convictions representation-by-counsel right-to-counsel sentencing sentencing-enhancement |
Was petitioner represented by counsel in connection with his two prior robbery convictions? |
| 19-7963 |
Yehowshua Yisrael v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-03-11 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights criminal-procedure due-process florida-constitution jurisdiction manifest-injustice miscarriage-of-justice procedural-due-process prosecutorial-misconduct substantive-due-process |
Did the trial Court and State of Florida Prosecutor invoked a miscarriage of Justice and manifest Injustice |
| 19-7964 |
Varis R. Aizupitis v. Delaware |
Delaware |
2020-03-11 |
Denied |
Response WaivedIFP |
attorney-client-privilege confidential-materials constitutional-authority criminal-procedure criminal-procedure-defect criminal-process defense-counsel due-process federal-judiciary federal-jurisdiction ineffective-assistance-of-counsel strategic-intentions structural-defect structural-error |
Whether the release of confidential materials by defense counsel creates a structural defect in a criminal process where the release is contrary to th… |
| 19-7914 |
Lucas James Moss v. United States |
Fifth Circuit |
2020-03-10 |
Dismissed |
IFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent remand sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 19-7916 |
Mark Gelazela v. United States |
Ninth Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
18-usc-3282 continuing-offense criminal-indictment criminal-procedure federal-prosecution lulling statute-of-limitations time-barred wire-fraud |
Whether after-the-fact 'lulling' allegations extend the statute of limitations for wire fraud beyond the five-year period authorized by 18 U.S.C. § 32… |
| 19-7917 |
Isaac Feldman v. United States |
Eleventh Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
antisemitic-reference antisemitism appellate-review conspiracy conspiracy-prosecution criminal-procedure double-jeopardy double-jeopardy-clause jury-verdict prosecution prosecutorial-misconduct |
Where a jury returns a final verdict on a charge of conspiracy, finding a defendant guilty of only one of multiple charged offense objects, is the gov… |
| 19-7925 |
Ronald O'Rourke v. Jacqueline Lashbrook, Warden |
Seventh Circuit |
2020-03-10 |
Denied |
IFP |
6th-amendment confrontation-clause constitutional-rights counsel criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance-of-counsel reasonable-conduct right-to-counsel sixth-amendment suppressed-evidence trial-court-discretion |
Whether the trial court abused discretion in denying petitioner's request for counsel |
| 19-7932 |
Enrique Auch v. Massachusetts |
Massachusetts |
2020-03-10 |
Denied |
IFP |
confrontation-clause criminal-procedure cross-examination evidence-law feigning memory-loss out-of-court-statements sixth-amendment testimonial-statements witness-testimony |
Whether the Confrontation Clause permits the prosecution to introduce out-of-court testimonial statements from a witness who is feigning memory loss a… |
| 19-7939 |
Robert James Pope, Jr. v. Wisconsin |
Wisconsin |
2020-03-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel |
Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right… |
| 19-7940 |
Luis Fernandez Morales v. United States |
Eleventh Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
18-usc-3582 28-usc-1915 appeals appellate-procedure criminal-appeal criminal-procedure federal-courts in-forma-pauperis merits-determination sentence-modification sentencing statutory-interpretation |
Whether defendant in a federal criminal case is entitled to appeal the district court's judgment denying motion to modify sentence under 18 U.S.C. § 3… |
| 19-7942 |
Daniel Dale Parsons v. R. Blades, Warden |
Ninth Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
adverse-witness co-defendant-guilty-plea co-defendant-statement compulsory-process compulsory-process-clause confrontation-clause criminal-procedure cross-examination harmless-error plain-error waiver |
Has the accused's right of confrontation been converted from the prosecutor's duty under Confrontation Clause into the accused's privilege under the C… |
| 19-7948 |
Omar N. Davis v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment trial-counsel |
Whether a petitioner's due process rights were violated due to ineffective assistance of counsel |
| 19-7949 |
Kenneth Richard Devore v. United States |
Sixth Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
abuse-of-public-trust criminal-law criminal-law,evidence,sentencing,fraud,public-trus evidence jurisdiction sentencing sophisticated-means |
Does sufficient evidence exist to support Mr. Devore's convictions for mail-fraud, theft-of-public-money, wire-fraud |
| 19-7950 |
Daejerron L. Valentine v. Nebraska |
Nebraska |
2020-03-10 |
Denied |
Response WaivedIFP |
4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search |
Did the warrantless search of an automobile exceed the scope of the automobile exception? |
| 19-7830 |
Pablo Antonio Pantaleon-Aviles v. United States |
Eleventh Circuit |
2020-03-09 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure deportation deportation-warrant evidence illegal-reentry immigration immigration-law sixth-amendment |
Whether a warrant of deportation admitted to prove an essential element of the offense of illegal reentry is subject to confrontation under the Sixth … |
| 19-7903 |
Alfred Brown v. United States |
Fifth Circuit |
2020-03-09 |
Dismissed |
IFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent remand sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 19-7904 |
Jason Bonds v. United States |
Second Circuit |
2020-03-09 |
Denied |
IFP |
criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph Polygraph-Examination Right-to-Remain-Silent right-to-silence self-incrimination supervised-release |
Whether a condition of supervised release requiring a defendant to participate in sex offender treatment that may include polygraph examinations viola… |
| 19-7911 |
Thomas William Cornelius, Jr. v. United States |
Ninth Circuit |
2020-03-09 |
Denied |
Response WaivedIFP |
2255-motion 28-usc-2255 appeal criminal-procedure defendant-rights due-process habeas-corpus physical-presence right-to-be-present sentencing |
Whether a defendant has a right to be physically present at a re-sentencing hearing under 28 U.S.C. § 2255 |
| 19-7889 |
Walter Rosario-Colon v. Louisiana |
Louisiana |
2020-03-06 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-law criminal-procedure due-process evidence insufficient-evidence jury-instructions reasonable-jurist second-degree-murder self-defense |
Whether reasonable jurists would determine that Walter Rosario-Colon acted in self-defense when he struck Antonio Aguado, or whether there was insuffi… |
| 19-7890 |
Kevin Michael-Ferdinand Richards v. Michigan |
Michigan |
2020-03-06 |
Denied |
IFP |
abuse-of-discretion coercion constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel plea-coercion plea-understanding plea-withdrawal trial-court-discretion |
Did The Trial Court Abuse Its Discretion When It Denied Plea Withdrawal Under MCR 6.310(B)? |
| 19-7900 |
Tanino Emon Miller v. Michigan |
Michigan |
2020-03-06 |
Denied |
IFP |
appeals civil-rights constitutional-rights criminal-procedure due-process free-speech habeas-corpus judicial-review legal-procedure sentencing standing statutory-interpretation |
Whether the evidence sufficiently proves the facts necessary for the petitioner's conviction |
| 19-7902 |
In Re Darnell W. Moon |
|
2020-03-06 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct qualified-immunity standing takings |
Whether the 11th Circuit erred in dismissing petitioner's civil rights claims |
| 19-7875 |
Byron Gay v. Scott Daffenbach, Warden, et al. |
Tenth Circuit |
2020-03-05 |
Denied |
Response WaivedIFP |
civil-procedure court-procedure dna-testing evidence evidentiary-rules judicial-admission judicial-admissions legal-standards scientific-evidence standards |
Question not identified. |
| 19-7881 |
Tavares L. Farrington v. United States |
Sixth Circuit |
2020-03-05 |
Denied |
Response WaivedIFP |
4th-amendment criminal-behavior criminal-procedure first-hand-witness fourth-amendment fourth-amendment-search-and-seizure law-enforcement reasonable-suspicion search-and-seizure second-hand-information terry-stop |
Under the Fourth Amendment, a Terry stop and frisk must be supported by reasonable suspicion that a crime has been or will soon be committed. Here, po… |
| 19-7882 |
Brandy V. Harris v. Britney May, et al. |
Fourth Circuit |
2020-03-05 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process free-speech public-disorder resisting-arrest standing trespassing wrongful-conviction |
Whether the petitioner's constitutional rights were violated by the respondent's actions |
| 19-7831 |
Jose Antonio Cortez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-04 |
Denied |
IFP |
actual-innocence civil-rights constitutional-law constitutional-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance post-conviction standing statute-of-limitations |
Whether the abstention doctrine supports the district court's dismissal of the case while the case was under state court review |
| 19-7866 |
Farid Popal v. Stephen Brown |
Second Circuit |
2020-03-04 |
Dismissed |
IFP |
civil-rights confrontation-clause constitutional-violation criminal-procedure due-process habeas-corpus witness-tampering |
Whether the U.S. Constitution protects witnesses from being tampered with when a detective was whispering into his ears during live Skype testimony in… |
| 19-7868 |
Steven B. Turner v. Mike Kemna |
Eighth Circuit |
2020-03-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-relief right-to-counsel sentencing sixth-amendment trial-fairness |
Whether Missouri's rule conflicts with Lafler v. Cooper |
| 19-7873 |
Derrick Michael Allen, Sr. v. United States |
Fourth Circuit |
2020-03-04 |
Denied |
Response WaivedIFP |
burden-of-proof case-dismissal civil-procedure civil-rights court-procedure criminal-procedure due-process firearms judicial-review jurisdiction legal-error mens-rea standing statutory-interpretation supreme-court-jurisdiction |
Whether the government must prove the defendant's knowledge of his prohibited status in order to convict under 18 U.S.C. 922(g) |
| 19-7876 |
Aaron Richardson v. United States |
Fourth Circuit |
2020-03-04 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection judicial-bias judicial-discretion sentencing sentencing-guidelines |
Did an unconstitutional 'objective risk of bias' or 'probability of actual bias on the part of the judge' manifest itself during the sentencing hearin… |
| 19-7836 |
Tajuddin Salahuddin v. United States |
Fifth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
civil-rights criminal-forfeiture criminal-procedure due-process federal-statute property property-rights property-seizure restitution restitution-lien seizure third-party third-party-rights |
When the United States of America seizes innocent third-party property and cash; applies 21 U.S.C 853 to forfeit the property but applies a separate r… |
| 19-7838 |
Anthony Shockey v. United States |
Seventh Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
addiction-treatment criminal-justice criminal-law criminal-procedure drug-addiction drug-test due-process parole probation sentencing-guidelines supervised-release violation-classification |
When an addict on supervised release fails a drug test, should the failure be treated as a crime or a manifestation of a disease? |
| 19-7839 |
Christopher Sanchez v. United States |
Fifth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deterrence due-process imprisonment plain-error-review policy-statement policy-statement-range sentencing sentencing-discretion sentencing-factors sentencing-guidelines |
Is a single-sentence explanation of 'I believe this addresses the issues of adequate deterrence and protection of the public' procedurally reasonable … |
| 19-7851 |
Lenin Martinez-Alvarado v. United States |
Eleventh Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
18-usc-3553 concurrent-sentences criminal-procedure criminal-sentencing district-court downward-departure eleventh-circuit jurisdiction substantive-reasonableness u.s.s.g-§4a1.3 |
Whether certiorari review should be granted where the Eleventh Circuit held that it did not have jurisdiction to review the district court's denial to… |
| 19-7853 |
Jaime Monzon-Silva v. United States |
Ninth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process evidence evidentiary-ruling fugitive judicial-discretion jury-evidence jury-instructions legal-standard trial-procedure |
Did the district court abuse its discretion by permitting a jury to hear evidence that Petitioner believed he was a 'wanted fugitive,' evidence that d… |
| 19-7854 |
Howronda Overstreet v. United States |
Eleventh Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
appeal criminal-procedure Did Ms. Overstreet's waiver of appeal unenforceabl Did the district court commit plain error when it due-process guidelines guidelines-calculation plain-error plea-bargaining sentencing sentencing-guidelines waiver |
Did Ms. Overstreet preserve her right to appeal the district court's inapplicable guidelines calculation? |
| 19-7855 |
Jeremy T. Walker v. United States |
Fifth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
certiorari criminal-procedure district-court-discretion federal-jurisdiction firearm-possession material-facts obstruction offense-level-enhancement sentencing-enhancement sentencing-guidelines serial-number serial-number-obliteration |
Whether the district court erred at sentencing by increasing Mr. Walker's Sentencing Guidelines offense level for possessing a gun with an obliterated… |
| 19-7856 |
Richard Kenneth Djerf v. David Shinn, Director, Arizona Department of Corrections |
Ninth Circuit |
2020-03-03 |
Denied |
IFP |
circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel pro-se-representation right-to-counsel sixth-amendment waiver-of-counsel |
Did the panel of the Ninth Circuit Court of Appeals contravene this Court's precedents and create a split with other circuits when it affirmed the dis… |
| 19-7864 |
Derek Crosby v. Illinois |
Illinois |
2020-03-03 |
Denied |
IFP |
constitutional-challenge criminal-procedure criminal-sentencing due-process indictment jury jury-determination legislative-power sentencing separation-of-powers statutory-maximum |
Whether The Legislature Can Remove The Facts From The Jury That Increase The Statutory Maximum? |
| 19-7826 |
Marlon R. Miller v. United States |
Eleventh Circuit |
2020-03-02 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure document-sealing due-process first-amendment judicial-transparency law-enforcement-misconduct public-access public-access-to-courts right-to-fair-trial sealed-records |
Whether the district court correctly sealed an entire category of information from public access, including preventing Mr. Miller from having meaningf… |
| 19-7833 |
Inocente Rodriguez-Juarez v. United States |
Fifth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7834 |
Travis Soto v. Ohio |
Ohio |
2020-03-02 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure federal-courts fifth-amendment finality plea-bargaining constitutional-rights criminal-procedure double-jeopardy federal-courts fifth-amendment finality jury-trial plea-agreement plea-bargaining |
Whether the Double Jeopardy Clause attaches to charges dismissed during a negotiated plea agreement |
| 19-7840 |
Victor Dewayne Jones v. Joe Errington |
Fifth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
civil-rights competency-hearing criminal-procedure due-process guilty-plea ineffective-assistance judicial-review mental-competency mental-evaluation post-conviction psychiatric-evaluation public-defender sentencing sentencing-petition trial-counsel |
Whether Petitioner was denied his right to due process of law |
| 19-7843 |
Tony Buck v. United States |
Fifth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
bureau-of-prisons constitutional-law constitutional-rights conviction criminal-conviction criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-review punishment punishment-clause sentencing |
Whether the Judgment of Conviction should be vacated as a violation of the Double Jeopardy Clause |
| 19-7844 |
Buck Otto White, aka Timothy Joseph Hoffman v. United States |
Eighth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
appeals civil-rights criminal-procedure due-process equal-protection habeas-corpus sentencing |
Was the petitioner's 40 sentence back-dated by the district court's works on a woman who was only sentenced to 10 years? |
| 19-7847 |
Lee D. Watts v. Tennessee |
Tennessee |
2020-03-02 |
Denied |
Response WaivedIFP |
confession confession-suppression criminal-interrogation criminal-procedure ineffective-assistance police-interrogation police-questioning right-to-counsel sixth-amendment suppression voluntariness |
Whether petitioner's original trial counsel rendered ineffective assistance of counsel in violation of U.S. Const. Amn. 6 |
| 19-7848 |
Barton Joseph Adams v. United States |
Fourth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
binding-plea-agreement criminal-procedure criminal-procedure-rule-11-c-1-c criminal-procedure-rule-32-2-e-1-a district-court-misconduct due-process forfeiture plea-agreement property-forfeiture property-rights protective-order rule-11 rule-32.2 sealed-court-order sealing-orders sentencing sentencing-procedure |
Whether the lower court violated the mandatory requirements of Rule 32.2(e)(1)(A) and breached the Rule 11(c)(1)(C) binding sentence |
| 19-1072 |
Scott Rothstein v. United States |
Eleventh Circuit |
2020-03-02 |
Denied |
Response Waived |
cooperation cooperation-credit criminal-procedure due-process evidentiary-hearing government-withdrawal plea-agreement rule-35 rule-35-motion |
Whether the Government's right to withdraw a previously earned and filed Rule 35 Motion violates the defendant's due process rights |
| 19-1065 |
Teresa Ann Johnson v. Alaska |
Alaska |
2020-02-28 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
confrontation-clause criminal-procedure expert-testimony forensic-evidence lab-report sixth-amendment surrogate-expert testimonial-evidence |
Whether the Confrontation Clause prohibits the prosecution from introducing into evidence at trial a certified lab report reflecting statements of non… |
| 19-1068 |
Keith Inchierchiere v. Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-02-28 |
Denied |
Response Waived |
attorney-misconduct criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel public-defender retained-attorney sentencing-exposure seventy-year-term trial-rights |
Does a defendant receive ineffective assistance of counsel where his retained attorney fails to appear on the first day of trial, and, after receiving… |
| 19-1070 |
Jeffrey Alan Olson v. Pennsylvania |
Pennsylvania |
2020-02-28 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
4th-amendment Birchfield-v-North-Dakota blood-draw constitutional-rights criminal-penalties criminal-procedure due-process retroactivity substantive-law supreme-court-precedent warrantless-blood-draw warrantless-search |
Whether this Court's holding that states may not impose criminal penalties on the refusal to submit to a warrantless blood draw, Birchfield v. North D… |
| 19-1071 |
Gerald Claude Carlson v. United States |
Ninth Circuit |
2020-02-28 |
Denied |
Response Waived |
circuit-split counsel-of-choice criminal-procedure delay due-process inconvenience judicial-discretion motion-to-terminate right-to-counsel sixth-amendment standard-of-review supervisory-powers |
Whether the Carlson Court's Memorandum Opinion conflicts with other Ninth Circuit opinions |
| 19-7812 |
Lajbar Lajaward Khan v. United States |
Second Circuit |
2020-02-28 |
Denied |
Response WaivedIFP |
clearly-erroneous criminal-procedure declaration district-court drug-quantity drug-weight fatico-hearing objections probation-office role-enhancement sentencing sentencing-guidelines standard-of-review |
Whether the District Court's findings as to drug weight and role were clearly erroneous |
| 19-7817 |
Maria de Lourdes Acosta v. United States |
Ninth Circuit |
2020-02-28 |
Denied |
Response WaivedIFP |
criminal-procedure district-court judicial-procedure plain-error pre-sentence-report prejudice procedural-error sentencing |
When the district court fails to either order a Pre-Sentence Report or make explicit on-the-record findings as to why a Pre-Sentence Report is unneces… |
| 19-7819 |
Shamsuddin Dost v. United States |
Ninth Circuit |
2020-02-28 |
Denied |
Response WaivedIFP |
anonymous-testimony confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process fair-trial sixth-amendment undercover-agents |
Is it a violation of the Sixth Amendment to allow undercover agents to testify anonymously during a criminal trial? |
| 19-7820 |
Marcus Derby v. United States |
Eighth Circuit |
2020-02-28 |
Denied |
Response WaivedIFP |
circuit-split conspiracy conspiracy-involvement criminal-procedure drug-trafficking essential-participant minor-participant minor-role reduction sentencing-guidelines supplier |
Does being a supplier to a drug trafficking organization categorically bar a defendant from receiving the 'minor participant' reduction under the Sent… |
| 19-7824 |
Dexter Fisher v. United States |
Seventh Circuit |
2020-02-28 |
Denied |
Response WaivedIFP |
924(c) categorical-approach crime-of-violence criminal-procedure firearm-brandishing hobbs-act section-924c sentencing statutory-interpretation |
Whether Mr. Fisher's § 924(c) convictions for brandishing a firearm during a crime of violence must be vacated because the Hobbs Act robbery offenses … |
| 19-7768 |
Jibriil A. Hersi v. Harold May, Warden |
Sixth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
access-to-courts coercion constitutional-rights criminal-procedure due-process evidence-sufficiency judicial-misconduct jury-trial police-misconduct prosecutorial-discretion prosecutorial-misconduct right-to-appeal transcript trial-irregularities |
Whether I am entitled to get the missing records from my trial in Medina County, Ohio for statements made by the judge outside the hearing of the jury… |
| 19-7775 |
Rande Brian Isabella v. United States |
Tenth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
circuit-court-review circumstantial-evidence conflict-among-circuits criminal-liability criminal-procedure criminal-procedure-18-usc-2251a due-process evidence evidence-standard jackson-v-virginia judicial-procedure sexting statutory-interpretation substantial-step |
Whether the Tenth Circuit Court of Appeals erred in disregarding review of essential elements at 18 U.S.C.§2251(a) and relying solely on circumstantia… |
| 19-7794 |
Jeremy Shane Fogleman v. Mississippi |
Mississippi |
2020-02-27 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment sentencing sentencing-enhancement sixth-amendment |
Does the Supreme Court of the State of Mississippi's 5-4 decision violate the petitioner's rights under the Sixth and Fourteenth Amendments of the Uni… |
| 19-7797 |
Lonnie W. Hubbard v. United States |
Sixth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
burden-of-proof controlled-substances criminal-law criminal-procedure criminal-statute due-process medical-necessity medical-practice medical-purpose prescription-dispensing prescription-drugs professional-practice statutory-interpretation |
Whether the Court of Appeals erred by holding a jury could rationally conclude that defendant pharmacist abdicated his duty under §§ 1306.04(a) & 841(… |
| 19-7799 |
Desmond Baker v. Florida |
Florida |
2020-02-27 |
Denied |
IFP |
criminal-procedure eighth-amendment fourteenth-amendment juvenile-offender juvenile-offenders juvenile-sentencing life-sentence life-without-parole mandatory-sentencing parole sentencing-review |
Do the Eighth Amendment and Fourteenth Amendment to the United States Constitution prohibit mandatory sentencing laws which require sentencing every j… |
| 19-7804 |
Ramon F. Flores v. United States |
Sixth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
18-usc-3582 appeal criminal-procedure drug-quantity guideline-range guidelines procedural-bar sentence-reduction sentencing sentencing-amendment |
Whether a defendant is procedurally barred from appealing the district court's original drug quantity determination in a sentence reduction applicatio… |
| 19-7808 |
Richard Wayne Taylor v. Texas |
Texas |
2020-02-27 |
Denied |
IFP |
14th-amendment constitutional-law constitutional-validity conviction criminal-procedure due-process judicial-procedure jurisdiction oath-of-office sentencing |
Whether the trial judge's failure to retake and refile a valid oath of office before pronouncing sentence renders a judgment, conviction and sentence … |
| 19-7767 |
Octavio Torres Ortega v. Florida Attorney General, et al. |
Eleventh Circuit |
2020-02-26 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process evidentiary-hearing factual-record ineffective-assistance ineffective-assistance-of-counsel judicial-review new-trial reversible-errors standing trial-counsel trial-errors |
Should any of the reviewing court's have reversed for an evidentiary hearing to develop an accurate factual record |
| 19-7771 |
Christopher Benjamin Blanton v. United States |
Fifth Circuit |
2020-02-26 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent sentence-vacatur sentencing supreme-court supreme-court-review united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 19-7773 |
James Curtis Denton v. United States |
Fourth Circuit |
2020-02-26 |
Denied |
Response WaivedIFP |
affidavits business-records confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay-exception sixth-amendment |
Whether the introduction of unconfronted affidavits establishing the foundation for admission of business records violates the Confrontation Clause of… |
| 19-7779 |
Freddy Garcia v. Texas |
Texas |
2020-02-26 |
Denied |
IFP |
constitutional-error criminal-procedure due-process due-process,criminal-procedure,constitutional-erro harmless-error indictment indictment-variance jury-conviction jury-trial standard-of-review |
When a defendant is convicted of an offense for which he was not indicted, and has preserved the issues of constitutional error, what factors should a… |
| 19-7780 |
Frank Harper v. United States |
Sixth Circuit |
2020-02-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-USC-924(c) 18-usc-924c carjacking-by-intimidation collateral-review consecutive-sentences criminal-procedure dean-v-united-states ineffective-assistance ineffective-assistance-of-counsel Predicate-Offense retroactivity sentencing-guidelines statutory-interpretation |
Whether Harper was denied effective assistance of counsel |
| 19-7782 |
Stephen Mayer v. United States |
Eleventh Circuit |
2020-02-26 |
Denied |
Response WaivedIFP |
absolute-immunity contempt-of-court-18-usc-401 contempt-proceedings criminal-procedure criminal-procedure-42-a-2 federal-jurisdiction federal-jurisdiction-28-usc-1331 federal-rules-of-criminal-procedure government-misconduct immunity judicial-immunity statutory-interpretation |
Whether the Eleventh Circuit's opinion declining jurisdiction over contempt proceedings under 18 U.S.C. §401 violates Federal Rules of Criminal Proced… |
| 19-7789 |
Steven Klein v. California, et al. |
Ninth Circuit |
2020-02-26 |
Denied |
IFP |
burden-of-proof cage-v-louisiana criminal-procedure due-process fourteenth-amendment jury-instructions reasonable-doubt structural-error sullivan-v-louisiana |
Whether the trial court erred by overruling Klein's objection to prosecution's misstated of the burden of proof during closing arguments |
| 19-7791 |
Jermaine Michael Jackson v. Pennsylvania |
Pennsylvania |
2020-02-26 |
Denied |
Response WaivedIFP |
alibi-defense civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sixth-amendment |
Was trial counsel's abandonment of a readily available alibi defense a violation of petitioner's Sixth Amendment right? |
| 19-1060 |
Victor Thomas v. New York |
New York |
2020-02-26 |
Denied |
Amici (2)Response Waived |
appeal appellate-jurisdiction criminal-defendant criminal-procedure garza-v-idaho jurisdiction right-to-counsel sixth-amendment supreme-court-precedent waiver waiver-of-appeal |
Whether a provision in a waiver of appeal that forbids a criminal defendant from filing a notice of appeal, and in so doing also strips superior court… |
| 19-1055 |
Dustin Moss v. United States |
First Circuit |
2020-02-25 |
Denied |
Response Waived |
4th-amendment civil-procedure criminal-procedure evidence-suppression fourth-amendment fourth-amendment-violation illegal-search package package-description particularity-requirement probable-cause search-warrant tracking-number |
Whether the search of a package that was solely referenced by its tracking number in the warrant's caption, but was not otherwise described in the war… |
| 19-7765 |
William Reyes v. Robert Ercole, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2020-02-25 |
Denied |
Response WaivedIFP |
2254 conviction criminal-procedure due-process fair-trial habeas-corpus perjury prosecutorial-misconduct reasonable-likelihood section-2254 witness-testimony |
Is a defendant deprived of his right to due process of law when he would not have been convicted had perjury not been introduced at his trial? |
| 19-7769 |
Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2020-02-25 |
Denied |
IFP |
6th-amendment competency competency-to-stand-trial constitutional-rights criminal-investigation criminal-procedure due-process evidence fair-trial fifth-amendment ineffective-assistance-of-counsel interrogation law-enforcement plea-bargaining prosecutorial-misconduct self-representation |
Whether the petitioner's 6th Amendment right to a fair trial was violated due to ineffective assistance of counsel, prosecutorial misconduct, and lack… |
| 19-7776 |
Mickel L. Marzouk v. United States |
Fourth Circuit |
2020-02-25 |
Denied |
Response WaivedIFP |
924(c) crime-of-violence criminal-procedure criminal-sentencing due-process elements-clause fair-sentencing-act fourth-circuit hobbs-act rule-of-lenity sentencing sentencing-enhancement statutory-interpretation |
Whether Petitioner's sentence on the second § 924(c) conviction and twenty-five year sentence enhancement was incorrectly affirmed |
| 19-7739 |
H. K. V. v. Florida Department of Children and Families, et al. |
Florida |
2020-02-24 |
Denied |
Response WaivedRelisted (2)IFP |
appeals appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-discretion jurisdiction legal-interpretation standing |
Whether the petitioner's constitutional rights were violated when the lower court dismissed the petitioner's claims without proper jurisdiction |
| 19-7743 |
Robert Paul Langley, Jr. v. Oregon |
Oregon |
2020-02-24 |
Denied |
IFP |
appointment-of-counsel attorney criminal-procedure marion-county-circuit-court oregon-supreme-court state-court-procedure breakdown-in-communication criminal-procedure effective-assistance-of-counsel indigent-defendant right-to-counsel sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint new counsel when a defendant demonstrates a complete … |
| 19-7747 |
Christopher Robert Sueiro v. United States |
Fourth Circuit |
2020-02-24 |
Denied |
Response WaivedIFP |
28-usc-1291 appellate-jurisdiction collateral-order-doctrine criminal-procedure due-process final-judgment interlocutory-appeal self-representation sixth-amendment |
Whether, under 28 U.S.C. § 1291 and the collateral order doctrine, a criminal defendant may appeal an interlocutory order denying the defendant's requ… |
| 19-7752 |
Daniel Ochoa v. United States |
Eleventh Circuit |
2020-02-24 |
Denied |
Response WaivedIFP |
criminal-procedure custodial-interrogation custody due-process eleventh-circuit fifth-amendment miranda-rights miranda-v-arizona pre-miranda-questioning public-safety-exception self-incrimination |
Whether Mr. Ochoa's Fifth Amendment rights were violated |
| 19-7757 |
Babatunde Popoola v. United States |
Fourth Circuit |
2020-02-24 |
Denied |
Response WaivedIFP |
bank-fraud consent criminal-law criminal-procedure financial-crimes identity-theft money-laundering predicate-crime statutory-interpretation |
Whether a person who with the consent of a bank account holder provides identifying information to a third party to deposit funds into the account whe… |
| 19-7758 |
Lin Ouyang v. Achem Industry America, Inc. |
California |
2020-02-24 |
Denied |
Response WaivedIFP |
14th-amendment appeal civil-procedure civil-rights court-appointed-counsel criminal-appeal criminal-procedure due-process equal-protection equal-protection-clause fourth-amendment indigent-defendant indigent-rights misdemeanor-conviction right-to-counsel |
Whether the state court's dismissal of the appeal from misdemeanor conviction, despite the lack of assistance of counsel on appeal, violates the Equal… |
| 19-1045 |
Raminder Kaur v. Maryland |
Maryland |
2020-02-24 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
attorney-client-privilege constitutional-rights criminal-defendant criminal-procedure defense-counsel privileged-communications prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel work-product work-product-doctrine |
Whether the Sixth Amendment prohibits trial of a criminal defendant by prosecutors with extensive knowledge of both her privileged communications with… |
| 19-1050 |
Kyle Brooks v. Colorado |
Colorado |
2020-02-24 |
Denied |
Response Waived |
allocution criminal-procedure due-process essential-element guilty-plea ineffective-assistance-of-counsel judicial-error plea-bargaining voluntary-plea |
Was the plea valid? |
| 19-1052 |
Andre G. Dewberry v. United States |
Eighth Circuit |
2020-02-24 |
Denied |
|
appeal appellate-review criminal-procedure guilty-plea self-representation sixth-amendment waiver |
Whether a guilty plea waives a challenge on appeal to the denial of a defendant's Sixth Amendment right to represent himself |
| 19-7734 |
Andre Dennis v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-02-21 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel interrogation miranda-rights sixth-amendment suppression-of-evidence |
Did counsel render ineffective assistance by failing to seek suppression of Mr. Dennis' statements to police because he was not re-Mirandized followin… |
| 19-7735 |
Ronnie Kearby v. United States |
Fifth Circuit |
2020-02-21 |
Denied |
Response WaivedIFP |
base-offense-level burden-of-proof drug-conspiracy drug-quantities drug-quantity due-process evidence federal-courts non-testifying-coconspirator non-testifying-informant preponderance-of-evidence |
Whether a court may accept a mere allegation of estimated drug quantities from a non-testifying coconspirator informant as satisfaction of the Governm… |
| 19-7662 |
Juan Orellana v. Raymond Madden, Warden |
Ninth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
5th-amendment 5th-amendment-violation admissibility-of-statement criminal-procedure criminal-trial custodial-interrogation due-process evidence-admission fifth-amendment obstruction right-to-counsel unambiguous-request |
Whether Orellana's Fifth Amendment right to counsel was violated |
| 19-7663 |
Ryan Douglas LaSalle v. United States |
Ninth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
appellate-review categorical-analysis congressional-definition criminal-procedure federal-regulations guidelines guidelines-miscalculation plain-error regulatory-definition sentencing statutory-interpretation taylor-categorical-analysis taylor-v-united-states |
Can a court of appeals successfully avoid undertaking plain error review of a Guidelines miscalculation by relying on a federal regulatory definition … |
| 19-7713 |
Ronelle Lamar Oudems v. United States |
Fifth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split confrontation-clause confrontation-right criminal-procedure due-process presentence-report sentencing |
Whether the burden of proof for factual findings in a Presentence Report should be on the government or the defendant |
| 19-7719 |
Adam Christopher Sheafe v. United States |
Ninth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
circumvent-obligations circumvention criminal-procedure detainer federal-government federal-state-relations federal-transfer habeas-corpus habeas-corpus-ad-prosequendum interstate-agreement-on-detainers judicial-discretion purpose-of-iad state-filed-detainer violate-purpose writ-of-habeas-corpus-ad-prosequendum |
Whether the Interstate Agreement on Detainers applies when the State, in which the federal district sits, filed a detainer and the federal government … |
| 19-7723 |
James William Brammer v. Raymond Madden, Warden |
Ninth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
certiorari circuit-split criminal-procedure critical-stage motion-for-new-trial new-trial right-to-counsel sixth-amendment writ-of-certiorari |
Does the Sixth Amendment's right to counsel include appointment of counsel for prosecution of motion for a new trial? |
| 19-7724 |
Byron R. Barker v. Texas |
Texas |
2020-02-20 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process evidence-rule-403 extraneous-offenses fair-trial texas-code-of-criminal-procedure texas-criminal-procedure texas-rules-of-evidence |
Does the introduction of extranseous offenses, pursuant to Texas Code of Criminal Procedure Article 38.37 violate the right to a fair trial and shift … |
| 19-7709 |
John A. Toth v. Peter Antonacci, et al. |
Eleventh Circuit |
2020-02-19 |
Denied |
IFP |
42-usc-1983 civil-rights constitutional-violation criminal-procedure due-process eleventh-circuit equal-protection federal-review habeas-corpus ineffective-assistance qualified-immunity treaty |
Whether the violation of any State or Federal Courts, Treaties, Rights or Privileges by any and all State and/or Federal Agents and individuals, both … |
| 19-7711 |
John Patrick Vescuso v. United States |
Ninth Circuit |
2020-02-19 |
Denied |
Response WaivedIFP |
aggravating-factor apprendi apprendi-error circuit-split criminal-procedure indictment prejudice sentencing |
Whether a sentence greater than the maximum authorized by the charge in the indictment requires reversal without regard to the trial evidence |
| 19-1037 |
Sok Bun v. United States |
Fourth Circuit |
2020-02-19 |
Denied |
|
circuit-split criminal-procedure detainers due-process interstate-agreement interstate-agreement-on-detainers legal-interpretation motion motions standing trial trial-court trial-motion |
Whether a defendant is 'unable to stand trial' within the meaning of the Interstate Agreement on Detainers, 18 U.S.C. App. 2, § 2, art. VI(a), when he… |
| 19-7682 |
Eric Beverly v. United States |
Fifth Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
cell-site-location-information criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure warrant warrant-application |
Whether Petitioner's rights under the Fourth Amendment were violated when the government used misleading information to seek a warrant for evidence it… |
| 19-7685 |
Dominic Lindsey v. United States |
Fifth Circuit |
2020-02-18 |
GVR |
IFP |
appellate-review criminal-procedure factual-determination factual-errors federal-rule-criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-error plain-error plain-error-review precedent sentencing standard-of-review |
Does plain-error review under Federal Rule of Criminal Procedure 52(b) include factual errors? |
| 19-7687 |
Miguel Palacios Plata v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-02-18 |
Denied |
IFP |
civil-rights court-of-criminal-appeals criminal-procedure discovery dna-evidence due-process evidence habeas-corpus innocence newly-discovered-evidence post-conviction-relief statutory-interpretation |
Whether the excluded evidence and jury prevented from seeing or considering this evidence should be considered newly discovered evidence for purposes … |
| 19-7695 |
Arturo Delacruz v. United States |
Third Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
brandishing criminal-procedure group-one-robbery ineffective-assistance ineffective-assistance-of-counsel otherwise-used plea-negotiation robbery-offense sentencing-guidelines weapon-enhancement |
Was trial counsel ineffective for failing to negotiate a five-level, rather than a six-level increase for Group One? |
| 19-7696 |
In Re Nicholas Todd Sutton |
|
2020-02-18 |
Denied |
IFP |
14th-amendment 5th-amendment capital-sentencing constitutional-rights criminal-procedure criminal-trial death-penalty due-process fifth-amendment fourteenth-amendment habeas-corpus physical-restraints visible-jury |
Whether the Court should exercise its authority to issue an original writ of habeas corpus and hold that Mr. Sutton's conviction and death sentence sh… |
| 19-7698 |
Martin Calderon-Ortalejo v. United States |
Fifth Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure extensive-scope extensive-scope-planning fifth-circuit-review judicial-abuse-of-discretion offense-level-enhancement plea-agreement sentencing-discretion substantial-interference substantial-interference-with-justice total-offense-level |
Did the United States District Court for the Northern District of Texas, Lubbock Division, abuse its discretion in sentencing? |
| 19-7674 |
Kyle K. Clark v. Kevin Lindsay, Warden |
Sixth Circuit |
2020-02-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
competency-hearing criminal-procedure criminal-responsibility cronic-standard right-to-counsel sixth-amendment state-action united-states-v-cronic |
Did the Sixth Circuit depart from this Court's prior decisions and create a conflict with its own precedent and a split with other circuits requiring … |
| 19-7679 |
Jonathan Brownlee v. Keith Hearns, et al. |
Third Circuit |
2020-02-14 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process probation-officer restitution sentencing supervised-release |
Should the United States Probationary Officer Robert Cowan be held criminally liable for his actions which caused the Petitioner to take supervised re… |
| 19-7680 |
Samuel Howard v. Nevada |
Nevada |
2020-02-14 |
Denied |
IFP |
appellate-review capital-punishment constitutional-law criminal-procedure death-penalty death-penalty-sentencing due-process hurst-v-florida judicial-precedent retroactivity sentencing sentencing-procedure sixth-amendment |
Whether appellate reweighing is constitutional after Hurst v. Florida, 136 S. Ct. 616 (2016) |
| 19-1016 |
Jeffrey Kirsch v. Redwood Recovery Services, LLC, et al. |
Nevada |
2020-02-14 |
Denied |
|
business-activities business-contacts civil-procedure deposition-sanction discovery due-process evidence evidence-preclusion nationwide-contacts personal-jurisdiction sanctions |
Did the District Court violate the Due Process Clause by barring Defendant-Petitioner from presenting any evidence in his defense at trial |
| 19-7624 |
Jerome Shaw v. United States |
Second Circuit |
2020-02-12 |
Rehearing |
Response WaivedRelisted (2)IFP |
acceptance-of-responsibility burden-of-proof criminal-procedure due-process eighth-amendment excessive-fines excessive-fines-clause fatico-hearing sentencing |
Whether the District Court violated Petitioner's Due Process Rights |
| 19-7625 |
Robert L. Swinton, Jr. v. Florida |
Florida |
2020-02-12 |
Rehearing |
Response WaivedRelisted (2)IFP |
appeal constitutional-rights criminal-procedure criminal-procedure-appeal due-process ineffective-assistance-of-counsel right-to-counsel sentencing sentencing-errors sentencing-guidelines sixth-amendment structural-error |
Whether sentencing errors were corrected by appeals court on direct appeal without defense counsel, and whether there was a constitutional denial of c… |
| 19-7633 |
Anthony Allen v. Illinois |
Illinois |
2020-02-12 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-law criminal-procedure due-process fourteenth-amendment intent-element jury-instruction jury-instructions presumption-of-intent reasonable-doubt |
Whether the jury instruction that 'the law presumes that a person intends the ordinary consequences of his voluntary acts' violates the Fourteenth Ame… |
| 19-7648 |
Otis Renaldo Harris v. United States |
Fourth Circuit |
2020-02-12 |
Denied |
Response WaivedIFP |
criminal-justice criminal-procedure discretion discretionary-power district-court due-process equal-protection judicial-review sentencing sentencing-reduction statutory-interpretation |
Whether the district court abused its discretion when it found that petitioner Harris was not eligible for a sentence reduction under Section 404? |
| 19-7651 |
Craig Keyon White v. Robert Fox, Warden |
Ninth Circuit |
2020-02-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process eyewitness-identification ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment |
Whether the unduly suggestive pretrial identification procedure and resulting unreliable identifications admitted against White at his criminal trial … |
| 19-7653 |
Roosevelt Bigbee, Jr. v. Jonathan Lebo, Warden |
Tennessee |
2020-02-12 |
Denied |
Response WaivedIFP |
5th-amendment constructive-amendment conviction criminal-attempt criminal-procedure due-process felony-murder indictment plea-agreement robbery statute testimony |
Whether the admission of the Plea agreement testimony evidence, of felony murder in the perpetuation of a robbery violated Tenn. Code Ann. § 39-12-101… |
| 19-7630 |
Paris Hollingshed v. United States |
Eighth Circuit |
2020-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure fairness-integrity judicial-review jury-instructions plain-error public-reputation substantial-rights supreme-court-precedent trial-record |
Whether plain-error review for failure to instruct on an element of the offense allows courts to review beyond the trial record |
| 19-7632 |
Joshua Allen Bolen v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety |
Fourth Circuit |
2020-02-11 |
Denied |
IFP |
2nd-amendment 5th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-interpretation sentencing standing statute-of-limitations takings |
Whether the petitioner's conviction was unconstitutional under the Second Amendment of the U.S. Constitution |
| 19-7635 |
Timothy Courtney v. United States |
Fifth Circuit |
2020-02-11 |
Denied |
Response WaivedIFP |
almendarez-torres constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-precedent prior-convictions sentencing sentencing-enhancement statutory-interpretation supreme-court-review |
Whether the holding in Almendarez-Torres creating an exception for not having to prove the existence of prior convictions when used to enhance a defen… |
| 19-7638 |
Rodrigo Cruz Perez v. United States |
Fourth Circuit |
2020-02-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility circuit-split constitutional-rights criminal-procedure criminal-sentencing fifth-amendment sentencing-guidelines sixth-amendment split-among-circuits |
Can a court count a defendant's constitutionally-protected-conduct against the defendant when determining whether the defendant qualifies for a 2-poin… |
| 19-7601 |
Craig K. Garrett v. Joseph Madder, et al. |
Ninth Circuit |
2020-02-10 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure digital-privacy due-process effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel law-enforcement probable-cause prosecutorial-misconduct public-defender right-to-counsel search-and-seizure state-attorney |
Can the state of Colorado remove a defendant's right to effective assistance of counsel (trial and appellate) and use of a public defender due to pros… |
| 19-7603 |
Mark D. Jensen v. William Pollard |
Seventh Circuit |
2020-02-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation-clause confrontation-right constitutional-error constitutional-violation criminal-procedure double-jeopardy due-process habeas-corpus judicial-remedy retrial trial-rights |
Whether the State may refuse to retry a successful habeas petitioner who has established a constitutional trial error by simply initiating proceedings… |
| 19-7611 |
D'Marlo Levonne Faulk Johnson v. North Carolina |
North Carolina |
2020-02-10 |
Denied |
IFP |
6th-amendment appeal-process appellate-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal post-conviction right-to-counsel sixth-amendment |
Whether the 6th Amendment right to counsel extends to the appellate process and requires the effective assistance of counsel when petitioner's attorne… |
| 19-7614 |
Jason Perry v. Richard Brown |
Seventh Circuit |
2020-02-10 |
Denied |
Response WaivedIFP |
brady-rule civil-procedure civil-procedure-rules constitutional-rights criminal-procedure due-process evidence exculpatory-evidence habeas-corpus judicial-review standing state-court |
Whether the Courts violated Rule 2 (a) Governing Section 2Z84Y Cases? |
| 19-7615 |
William E. Vukich v. Unified Judicial System of Pennsylvania |
Third Circuit |
2020-02-10 |
Denied |
IFP |
appellate-review civil-rights constitutional-law criminal-procedure double-jeopardy due-process equal-protection incarceration judicial-interpretation mistrial probation sentencing |
Whether the Double Jeopardy Clause prohibits multiple punishments for the same offense |
| 19-7617 |
Donato Amaya-Rivas v. United States |
Eleventh Circuit |
2020-02-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining right-against-self-incrimination right-to-counsel sentencing sentencing-enhancement |
Whether a defendant who raises for the first time on appeal that his plea is unconstitutional because it was entered unknowingly and involuntarily mus… |
| 19-7620 |
Bradley Campbell v. United States |
Fourth Circuit |
2020-02-10 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process evidence evidentiary-standard federal-jurisdiction interstate-commerce judgment-of-acquittal kidnapping motion-for-acquittal motion-to-dismiss |
Whether Petitioner's motion for judgment of acquittal on the kidnapping charge should have been granted where there was no evidence that Petitioner us… |
| 19-7621 |
Allanah Benton v. Shawn Brewer, Warden |
Sixth Circuit |
2020-02-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-counsel appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-counsel |
Did the state and federal courts violate Ms. Benton's right to effective assistance of trial and appellate counsels in violation of U.S. Constitutiona… |
| 19-7622 |
Samuel Elliott v. United States |
Tenth Circuit |
2020-02-10 |
Denied |
Response WaivedIFP |
8th-amendment appellate-review child-pornography criminal-procedure criminal-sentencing due-process federal-guidelines sentencing sentencing-guidelines substantive-reasonableness substantive-unreasonableness |
Whether a sentence imposed pursuant to the United States Sentencing Guidelines covering child pornography offenses, U.S.S.G. §§ 2G2.1 and 2G2.2, is su… |
| 19-999 |
Lewis Alan Dugan v. Wyoming |
Wyoming |
2020-02-10 |
Denied |
Response Waived |
criminal-procedure criminal-prosecution due-process first-amendment free-speech jury-instruction obscenity overbreadth speech-conduct stalking-statute |
Whether a trial court should instruct a jury on the legal definition of 'obscene' in a prosecution for writing obscene letters |
| 19-991 |
Samson Primm v. United States |
Sixth Circuit |
2020-02-07 |
Denied |
Response Waived |
4th-amendment civil-rights criminal-procedure due-process fifth-amendment forfeiture forfeiture-case fourth-amendment search-and-seizure standing suppression-hearing |
Whether one who has the requisite standing to move to suppress based on contentions, which if validated show his Fourth Amendment rights were violated… |
| 19-992 |
Greg Skipper, Warden v. Curtis Jerome Byrd |
Sixth Circuit |
2020-02-07 |
Denied |
Amici (1) |
constitutional-rights criminal-procedure effective-assistance-of-counsel fair-trial hypothetical-plea-offer lafler-v-cooper plea-bargaining sixth-amendment trial-rights |
Does the Sixth Amendment right to effective assistance of counsel include the right to a plea offer that was never made? |
| 19-7583 |
Tiffany R. Byrd v. Frederick Boutte, Warden |
Fifth Circuit |
2020-02-07 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-preservation exculpatory-evidence ineffective-assistance-of-counsel judicial-search juror-bias jury-misconduct law-enforcement procedural-violations search-and-seizure |
Whether Tiffany R. Byrd #61935 was entitled to relief on an ineffective assistance of counsel claim based on trial counsel's failure to investigate an… |
| 19-7587 |
Lannon Lavar Burdunice v. Minnesota |
Minnesota |
2020-02-07 |
Denied |
Response WaivedIFP |
acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence |
Must my conviction for second degree intentional murder be vacated and a judgement of acquittal entered |
| 19-7590 |
David K. Howell v. Shawn Hatton, Warden |
Ninth Circuit |
2020-02-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability closing-argument criminal-procedure due-process expert-testimony habeas habeas-corpus ineffective-assistance-of-counsel intoxication methamphetamine methamphetamine-intoxication sixth-amendment |
Is the Ninth Circuit's denial of a COA on Howell's ineffective-assistance-of-counsel claim contrary to this Court's jurisprudence? |
| 19-7593 |
Young Yi v. United States |
Fourth Circuit |
2020-02-07 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation constitutional-rights criminal-procedure document-production due-process evidence exculpatory-evidence prosecutorial-misconduct restitution standard-of-review |
Whether the government violated its Brady obligations by producing voluminous documents without identifying one document as Brady material |
| 19-7594 |
Felix Lopez-Cabrera v. United States |
Second Circuit |
2020-02-07 |
Denied |
Response WaivedIFP |
8th-amendment age-of-culpability age-of-majority criminal-procedure cruel-and-unusual cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-sentence life-sentences national-consensus neuroscience |
Whether Supreme Court jurisprudence finding mandatory life sentences for juveniles cruel and unusual under the Eight Amendment, and non-mandatory life… |
| 19-7597 |
Robert William Wazney v. Kenneth Nelson, Warden |
Fourth Circuit |
2020-02-07 |
Dismissed |
Response WaivedRelisted (2)IFP |
asset-forfeiture asset-freezing constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel ineffective-process pre-trial-restraint state-corrective-process |
Whether petitioner Robert William Wazney was imprisoned in violation of the Constitution of the United States |
| 19-7608 |
Juan Perez-Roman v. United States |
Fifth Circuit |
2020-02-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7609 |
Juan Mauricio Castillo v. Isidro Baca, Warden |
Nevada |
2020-02-07 |
Denied |
IFP |
criminal-procedure criminal-statute due-process montgomery-louisiana montgomery-v-louisiana retroactivity state-courts statutory-interpretation substantive-rule welch-united-states welch-v-united-states |
Whether due process requires the states to retroactively apply a decision narrowing the interpretation of a substantive criminal statute |
| 19-7564 |
In Re Michael Dewayne Seibert |
|
2020-02-06 |
Denied |
IFP |
criminal-procedure death-penalty-case due-process fraud-on-court fraud-on-the-court habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel jurisdiction jurisdiction-challenge pro-se-representation resentencing resentencing-hearing void-judgment |
Can a defendant raise a claim of fraud on the court pro se when their counsel refuses to do so? |
| 19-7578 |
Ray Edward Barry v. Patrick Warren, Warden |
Sixth Circuit |
2020-02-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion binding-over brady-violation circuit-court criminal-procedure dna-testing due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel ineffective-counsel lost-evidence prosecutorial-misconduct quash-information |
Did The District Court Abused Its Discretion In Binding Over To Circuit Court And The Circuit Court Erred In Refusing To Quash The Information? |
| 19-7585 |
Jerry Ellis, aka Jerry Leonard Ellis v. Noel Barlow-Hurst, Warden |
Ninth Circuit |
2020-02-06 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-standard post-conviction standard-of-review standing trial-procedure |
Whether the district court erred in denying the appellant's claim of ineffective assistance of first instance trial counsel |
| 19-7561 |
Ramiro D. Ramirez, Jr. v. United States |
Fifth Circuit |
2020-02-05 |
Denied |
Response WaivedIFP |
application-note-3(c) application-note-3c court-of-appeals criminal-procedure criminal-procedure-sentencing criminal-sentencing district-court federal-sentencing-guidelines mitigating-role mitigating-role-adjustment paid-tasks proprietary-interest sentencing-guidelines supervisory-authority united-states-sentencing-guidelines ussg-3b1.2 |
Whether the Court of Appeals inappropriately affirmed the district court's denial of a mitigating role adjustment |
| 19-7566 |
Javed Asefi v. United States |
Ninth Circuit |
2020-02-05 |
Denied |
Response WaivedIFP |
civil-rights commerce-clause criminal-procedure due-process federal-jurisdiction interstate-commerce predicate-acts racketeering rico rico-prosecution substantial-effect |
Whether federal jurisdiction exists in a prosecution under 18 U.S.C. § 1962(d) where neither the activities of the alleged enterprise nor the individu… |
| 19-7571 |
Richard Williams v. Tony Mays, Warden |
Tennessee |
2020-02-05 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-law constitutional-standard criminal-procedure due-process evidence murder murder-investigation presumption statutory-interpretation statutory-presumption venue |
Whether the statutory presumption comports with the constitutional standard |
| 19-7575 |
Rashaun Scott Carter v. United States |
Fourth Circuit |
2020-02-05 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver controlled-substance controlled-substances criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining presentence-investigation sentencing |
Does an appellate waiver bar an appeal based upon a flawed, prejudicial presentence investigation report performed between the trial court's acceptanc… |
| 19-7536 |
James Henry Simpson v. Martesha Bishop, et al. |
Fourth Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
civil-procedure criminal-liability criminal-procedure district-court due-process federal-jurisdiction federal-prosecution federal-rules immunity judicial-docketing prisoner-filing standing statutory-interpretation |
Should a U.S. District Court docket a Criminal Complaint as a civil action? |
| 19-7539 |
Shamir Kane v. United States |
Third Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
criminal-indictment criminal-procedure criminal-procedure-joinder federal-rules-of-criminal-procedure federal-rules-of-evidence hobbs-act joinder severance witness-tampering |
Did the Court of Appeals err in upholding the District Court's joinder of counts related to one Hobbs Act robbery and witness tampering with unrelated… |
| 19-7547 |
Phillip Boyd Cashion v. Texas |
Texas |
2020-02-04 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure |
Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that 'y… |
| 19-7548 |
Rudy Orlando Cabrera v. United States |
Fifth Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
8-usc-1326 Apprendi-v-New-Jersey criminal-procedure due-process indictment prior-conviction sentencing sentencing-enhancement |
Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b) |
| 19-7549 |
Gerard Cliston Ellis v. United States |
Eighth Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
aiding-and-abetting categorical-approach circuit-split criminal-procedure due-process eighth-circuit fifth-circuit lowest-level-conduct lowest-level-of-conduct state-law |
Whether the Eighth Circuit properly considered the 'lowest level of conduct' as required under this Court's precedent for the categorical approach, an… |
| 19-7513 |
Omar Smith v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2020-02-03 |
Denied |
IFP |
6th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing severance suppression-of-evidence trial-procedure trial-severance virginia-supreme-court witness-testimony |
Whether the Virginia Supreme Court erred in its rulings on ineffective assistance of counsel claims |
| 19-7525 |
Gregory Joel Sitzmann v. United States |
District of Columbia |
2020-02-03 |
Denied |
Response WaivedIFP |
conflict-of-laws conflict-with-other-courts-of-appeals conflict-with-supreme-court court-of-appeals criminal-procedure drug-smuggling evidence federal-sentencing foreign-drug-smuggling ineffective-assistance-of-counsel jurisdiction jurisdiction-over-evidence pro-se-petition prosecutorial-misconduct |
Whether the district court lacked jurisdiction over evidence of foreign drug smuggling and whether the United States Court of Appeals for the District… |
| 19-7526 |
Gregorio Segura-Resendiz v. United States |
Fifth Circuit |
2020-02-03 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-law criminal-procedure due-process judicial-review legal-precedent overrule precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-7528 |
David Lee Smith v. Rick Jackson |
Fourth Circuit |
2020-02-03 |
Denied |
Response WaivedIFP |
civil-rights criminal-justice-reform criminal-procedure due-process habeas-corpus incarceration innocence-claim legal-release parole recidivism rehabilitation sentencing |
Whether TS Appellant is entitled to release on his own recognizance after demonstrating all conditions for release |
| 19-7500 |
William Sim Spencer v. Michigan |
Michigan |
2020-01-31 |
Denied |
IFP |
constitutional-protections criminal-procedure due-process finality-rule fourteenth-amendment ineffective-assistance-of-counsel sex-offender-registration sixth-amendment |
Does the omission of an exception to the finality rule in Michigan's sex offender registration act allow the prosecution to build its case against cri… |
| 19-7512 |
Jose Luis Urias-Marquez v. United States |
Fifth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-interpretation rule-11 supervisory-powers united-states-court-of-appeals united-states-v-lee |
Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decision of the D.C. Circuit on an important matte… |
| 19-7514 |
Ekanem Kurfreobon Essien v. Suzanne M. Peery, Warden |
Ninth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-street-gang due-process habeas-corpus ninth-circuit-review reasonable-doubt sentencing-enhancement street-terrorism-enforcement-and-prevention-act sufficiency-of-evidence |
Whether the Ninth Circuit erred in denying petitioner's habeas petition |
| 19-7515 |
Andy Nguyen v. California |
California |
2020-01-31 |
Denied |
Response WaivedIFP |
alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentences consecutive-sentencing criminal-procedure criminal-sentencing judicial-fact-finding preponderance-of-evidence sentencing stare-decisis |
Should the Court reconsider its majority opinion in Oregon v. Ice |
| 19-7516 |
Mary Mosley v. United States |
Fifth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
acquitted-conduct alleyne-v-united-states criminal-procedure criminal-procedure-acquitted-conduct double-jeopardy due-process fifth-circuit jury-verdict nelson-v-colorado sentencing sentencing-enhancement sentencing-guidelines |
Did the panel err by upholding the application of an enhancement for brandishing or possessing a firearm when Miss Mosley was acquitted by a jury of t… |
| 19-7517 |
Mario Palacios-Cordero v. United States |
Fifth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process precedent sentencing supreme-court |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-7518 |
Baltazar Reyes Garcia, Angel Serrano Carreno, and Hector Contreras Ibarra v. United States |
Ninth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
6th-amendment civil-procedure criminal-procedure defendant-rights district-court-discretion due-process juror-bias juror-inquiry juror-safety jury-bias jury-inquiry ninth-circuit-precedent standing |
Whether a district court must hold a requested jury inquiry after a juror makes statements indicating the juror has a potential source of bias because… |
| 19-7519 |
Ericka Hernandez-Nunez v. United States |
Ninth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
crime-detection criminal-procedure exculpatory-evidence fourth-amendment holistic-analysis inculpatory-evidence law-enforcement motion-to-suppress reasonable-inference reasonable-suspicion search-and-seizure |
Whether the Fourth Amendment requirement of reasonableness requires that a determination of reasonable suspicion be based upon an explicit identificat… |
| 19-7521 |
Elisha Paul Harley v. United States |
Ninth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process evidence evidence-admission free-speech judicial-discretion law-of-case law-of-the-case legal-review magistrate-judge magistrate-procedure racist-comments review standing |
Whether the magistrate judge erred in admitting evidence of racist comments attributed to the petitioner, in violation of the law of the case doctrine |
| 19-7522 |
Dedrick Matthews v. Louisiana |
Louisiana |
2020-01-31 |
Denied |
Response WaivedIFP |
and whether the admission of blood test results w birchfield-precedent birchfield-v-north-dakota causation causation-analysis criminal-procedure fourth-amendment probable-cause search-and-seizure vehicular-homicide vehicular-negligence |
Was defendant's conduct a substantial factor in causing the victim's death or serious bodily injury, when the accident would have occurred without it? |
| 19-7490 |
Omar Ernesto Hernandez v. United States |
Ninth Circuit |
2020-01-30 |
Denied |
Response WaivedIFP |
4th-amendment appeal conclusory-statements criminal-procedure fourth-amendment human-smuggling investigatory-stop law-enforcement law-enforcement-database reasonable-suspicion |
Whether the district court and Ninth Circuit erred in relying on factually unsupported statements in determining reasonable suspicion for an investiga… |
| 19-7498 |
James Earvin Sanders v. United States |
Fifth Circuit |
2020-01-30 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights counsel-ineffectiveness criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdictional-challenge mitigating-evidence procedural-due-process psychiatric-mitigating-evidence time-bar-exception united-states-v-fessel |
Where counsel lies about the existence of psychiatric-mitigating-evidence,due-process,ineffective-assistance-of-counsel,habeas-corpus,constitutional-r… |
| 19-952 |
Michael David Goodwin v. United States |
Fifth Circuit |
2020-01-30 |
Denied |
Response Waived |
attorney-client-relationship change-of-plea criminal-defendant criminal-procedure ineffective-assistance local-counsel right-to-counsel sixth-amendment |
Whether an attorney's presence as local counsel, for a criminal defendant's re-arraignment and change of plea, yet having no attorney-client relations… |
| 19-7450 |
George Maurice Steele v. United States |
Fifth Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause confrontation-right criminal-procedure due-process fifth-amendment revocation-hearing sentencing supervised-release witness-testimony |
Whether the district court erred by allowing testimony at the revocation hearing that violated Mr. Steele's Fifth Amendment due process right to confr… |
| 19-7467 |
Frankie Beqiraj v. United States |
Second Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defendant-presence due-process jury-selection peremptory-challenges right-to-be-present waiver |
Whether a defendant has a constitutional right to be present during a conference at which the parties exercise their peremptory challenges to strike p… |
| 19-7469 |
Olga Palamarchuk v. United States |
Ninth Circuit |
2020-01-29 |
Denied |
IFP |
escobar evidence evidence-admissibility lender-conduct mail-fraud materiality materiality-standard ninth-circuit ninth-circuit-interpretation recipient-behavior supreme-court-precedent |
Whether the standard for materiality in a mail fraud case is determined by the likely behavior of the recipient of the alleged misrepresentations |
| 19-7470 |
Agustin Martinez-Lopez v. United States |
Fifth Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
18-usc-3553a appellate-review appellate-standard circuit-split criminal-procedure criminal-sentencing criminal-sentencing,appellate-review,18-usc-3553(a federal-sentencing gall-v-united-states judicial-discretion sentencing sentencing-factors sentencing-review statutory-interpretation substantive-reasonableness |
Can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a) |
| 19-7474 |
Rodney Banks v. California |
California |
2020-01-29 |
Denied |
IFP |
5th-amendment civil-rights deliberation due-process evidence jurisdiction police-misconduct standing |
Whether my Miranda rights were violated |
| 19-7475 |
Douglas Edwin Ball, Jr. v. Michigan |
Michigan |
2020-01-29 |
Denied |
IFP |
14th-amendment appeal civil-rights conviction dna-evidence due-process evidence insufficient-evidence jury jury-instructions unanimous-verdict |
Whether the Fourteenth Amendment was violated because it is impossible to determine whether the verdict was unanimous where there is insufficient evid… |
| 19-7476 |
Timothy Wayne Kemp v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2020-01-29 |
Denied |
Amici (1)IFP |
brady-rule brady-violation criminal-procedure death-penalty discovery due-process eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-investigation procedural-default professional-standards |
Must a court consider prevailing professional norms when determining whether a life history investigation was 'thorough? |
| 19-7477 |
Raul Mejia v. United States |
Ninth Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process expert-testimony fair-trial fourth-amendment franks-hearing search-and-seizure trial-fairness warrant warrant-validity |
Was petitioner's truck illegally searched due to an invalid warrant? Was petitioner improperly denied a Franks hearing? Did Officer Carbajal testify a… |
| 19-7479 |
Brian Price v. United States |
First Circuit |
2020-01-29 |
Denied |
IFP |
acquitted-conduct constitutional-rights criminal-conspiracy criminal-procedure double-jeopardy due-process federal-courts federal-sentencing-guidelines sentencing sentencing-guidelines |
Whether a defendant's constitutional rights are abridged when a district court bases its sentence solely on acquitted conduct |
| 19-7484 |
Jose Candelario Perez-Cruz v. United States |
Eleventh Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
criminal-procedure jurisdiction jurisdictional-dispute jury-trial maritime-drug-law-enforcement-act maritime-law mdlea pretrial-hearing stateless-vessel trial-procedure |
Whether the Court of Appeals clearly erred in upholding the District Court's conclusion that jurisdiction in a stateless vessel case under the MDLEA i… |
| 19-7488 |
Donnie Cleveland Lance v. Benjamin Ford, Warden |
Georgia |
2020-01-29 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure death-penalty due-process equal-protection fourteenth-amendment grand-jury grand-jury-selection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Was petitioner denied his rights under the Sixth, Eighth, and Fourteenth Amendments when he was sentenced to death following his indictment by a non-r… |
| 19-7489 |
Paul Edward Duran v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2020-01-29 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-jurisdiction constitutional-provisions criminal-conviction criminal-procedure empirical-evidence evidence evidence-standard exclusionary-rule fourth-amendment illinois-v-krull judicial-review search-and-seizure standing statutory-provisions united-states-v-leon |
Whether the Circumstances regarding the Fourth Amendment Exclusionary Rule § 2010F not evolved around the obtaining, holding and exclusion of evidence… |
| 19-7427 |
Rodolfo Perez-Jimenez v. United States |
Fifth Circuit |
2020-01-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference due-process federal-sentencing judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-7445 |
Maechel Shawn Patterson v. United States District Court for the Eastern District of North Carolina |
Fourth Circuit |
2020-01-28 |
Denied |
IFP |
civil-rights constitutional-law constitutional-rights criminal-procedure deportation due-process habeas-corpus law-enforcement pro-se probable-cause search-and-seizure standing warrantless-search |
Are all stale prisoners being unlawfully held, where the evidence used to convict them involved state department officials from one county searching a… |
| 19-7454 |
Kenneth James Barfield v. United States |
Fifth Circuit |
2020-01-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-procedure-rule-32 due-process federal-rules federal-rules-of-criminal-procedure fifth-circuit gall-v-united-states guidelines preponderance-of-evidence presentence-report sentencing sentencing-guidelines united-states-v-watts |
Where the Government offers no evidence at sentencing in response to an objection to a factual assertion in the presentence report that increases a se… |
| 19-7457 |
Rogelio Villarreal-Estebis v. United States |
Fifth Circuit |
2020-01-28 |
Denied |
Response WaivedIFP |
complete-defense criminal-conviction criminal-procedure drug-trafficking evidence-exclusion federal-rule-of-evidence-403 right-to-defense rule-403 sixth-amendment sixth-amendment-rights vehicle-ownership |
Whether the Fifth Circuit's decision to affirm the trial court's refusal to admit the evidence was contrary to, or involved an unreasonable applicatio… |
| 19-7461 |
Derrick Lamar Cheeks v. Alford Joyner |
Fourth Circuit |
2020-01-28 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-interpretation criminal-procedure due-process habeas habeas-review jurisdictional-conflict procedural-default state-court supreme-court supreme-court-precedent |
Question not identified |
| 19-7418 |
Jody Gifford v. Florida |
Florida |
2020-01-27 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-sentence parole proportionality resentencing |
Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d… |
| 19-7419 |
Timothy Shayne Hardin, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-27 |
Denied |
IFP |
appeals arrest charge civil-rights community-supervision constitutional-rights criminal-procedure criminal-procedure-due-process dismissal due-process evidence-suppression fourth-amendment probable-cause probation revocation search-and-seizure sentencing |
Whether the trial court abused its authority by revoking a community supervision because of a new honest mistake charge which was ultimately dismissed… |
| 19-7422 |
Andre Antonio Fairley v. Mississippi |
Mississippi |
2020-01-27 |
Denied |
Response WaivedIFP |
civil-rights colloquy constitutional-provisions criminal-procedure due-process jurisdiction record self-incrimination sentencing waiver |
Whether the court committed reversible structural error by failing to consider unindicted conduct on the record colloquy with a waiver of course, besi… |
| 19-7431 |
Brandon J. Lofland v. Connie Horton, Warden |
Sixth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process habeas-corpus identification-testimony ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia jury-trial miscarriage-of-justice procedural-default state-procedural-rules sufficiency-of-evidence |
Whether a 'mere modicum' of evidence is sufficient to sustain a conviction |
| 19-7437 |
Tony Sparks v. United States |
Fifth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment due-process fifth-circuit juvenile-offenders juvenile-sentencing life-without-parole miller-rule miller-v-alabama montgomery-retroactivity montgomery-v-louisiana retroactivity sentencing |
Whether the Fifth Circuit erred in concluding that the U.S. Supreme Court's decision in Miller v. Alabama does not extend to sentences imposed upon ju… |
| 19-7438 |
Javion Scott v. United States |
Fourth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment griffin-v-wisconsin law-enforcement-action parole post-release-supervision probation probation-supervision search-and-seizure special-needs-search united-states-v-knights warrantless-search |
Whether a warrantless search of a North Carolina post-release supervisee is a special-needs probationary search or a law-enforcement search |
| 19-7442 |
Andrew Lee Williams v. Texas |
Texas |
2020-01-27 |
Denied |
IFP |
confrontation confrontation-clause constitutional-vagueness criminal-procedure criminal-procedure-article-38.41 due-process fair-trial fourteenth-amendment indefiniteness sixth-amendment vagueness |
Whether the Texas Court of Criminal Appeals' recent holdings regarding the construction and application of Texas Code of Criminal Procedure Article 38… |
| 19-7446 |
Enrique A. Echeverria-Benitez v. United States |
Fifth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy fifth-circuit illegal-reentry plain-error retribution sentencing sentencing-guidelines supervised-release |
Whether the imposition of consecutive sentences for illegal reentry and revocation of supervised release was unreasonable and constituted reversible e… |
| 19-7405 |
Francienna B. Grant v. Marshall L. Williams |
New Jersey |
2020-01-27 |
Denied |
Relisted (2)IFP |
appellate-procedure civil-procedure civil-rights damages-denial due-process evidence ex-parte-evidence judicial-fairness legal-malpractice pro-se pro-se-litigation standing |
Whether a Pro Se litigant can prevail in a Legal malpractice case on liability after having suffered damages and be denied damages incurred |
| 19-7406 |
Bartholomew Antonio Guzman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-27 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process federal-court federal-jurisdiction first-amendment freedom-of-information government-transparency habeas-corpus public-records standing state-court state-court-interpretation state-court-proceedings |
Whether the United States District Court erred in dismissing a pro se habeas corpus petition due to the lack of jurisdiction because the habeas per pe… |
| 19-7365 |
Tyrone Terrance Roberts v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
appeal appellate-review constitutional-rights criminal-procedure due-process federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-procedure post-conviction-relief standard-of-review |
Has the lower tribunal court denied Roberts due process and departed from the essential requirements of the law in denying him relief following his di… |
| 19-7388 |
Aaron Perez v. United States |
Ninth Circuit |
2020-01-24 |
Denied |
IFP |
actual-prosecution categorical-match categorical-overbreadth circuit-split criminal-procedure evidence-sufficiency federal-sentencing felon-in-possession insufficient-evidence prior-conviction prior-felony-conviction rehaif |
Whether a defendant must point to an actual state court prosecution to demonstrate a prior conviction is not a categorical match |
| 19-7396 |
Julio Mario Haro-Verdugo v. United States |
Ninth Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
cronic due-process fifth-amendment sixth-amendment strickland conflict-of-interest criminal-procedure due-process federal-law fifth-amendment habeas habeas-corpus ineffective-assistance sixth-amendment strickland-standard |
Whether the District Court and the U.S. Court of Appeals for the Ninth Circuit's rejection of Petitioner's ineffective-assistance-of-counsel claim(s) … |
| 19-7400 |
Christopher R. Glenn v. United States |
Eleventh Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
circuit-court civil-procedure civil-rights counsel-misconduct criminal-procedure due-process evidentiary-hearing fraud habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct judicial-proceedings pro-se-petition standing supervisory-power |
Did the Eleventh Circuit so far depart from the accepted and usual course of judicial proceedings as to call for an exercise of this Court's superviso… |
| 19-7404 |
Joseph James Roe v. United States |
Sixth Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process enhancement-factors essential-factor guideline-interpretation guidelines judicial-discretion leadership-role lower-court-guidance sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation ussg-3b1.1(a) |
Whether a district court may impose a sentence enhancement under USSG § 3B1.1(a) for leadership role based on a factor not mentioned in the Sentencing… |
| 19-7408 |
Daniel Jay Bowman v. United States |
Sixth Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process fifth-amendment fourth-amendment government-prosecution parallel-construction standing |
Whether the Government's use of 'Parallel Construction' violates 4th-and-5th-amendment-rights |
| 19-7414 |
Latray Whitley v. Texas |
Texas |
2020-01-24 |
Denied |
IFP |
brady-disclosure-obligations brady-rule cooperation-agreement criminal-procedure due-process federal-inmates giglio-disclosure giglio-rule giglio-v-united-states impeachment-evidence materiality prosecutorial-misconduct state-prosecutors witness-testimony |
Whether the state district court's determination that written, 5K1 and Rule 35-based cooperation addenda, audio recorded communications, and audio rec… |
| 19-7416 |
James P. Griffin v. United States |
Second Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w |
Whether the trial court abused its discretion in denying a continuance due to medical problems |
| 19-7364 |
Ernest William Singleton v. United States |
Sixth Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation controlled-substances criminal-procedure drug-distribution drug-schedules drug-scheduling general-verdict ineffective-assistance ineffective-assistance-of-counsel medical-pain-clinic money-laundering surveillance-footage |
Whether the jury relied on an invalid conviction for distributing Ultram in finding the defendant guilty of money laundering |
| 19-7371 |
Larry Bentley, Jr. v. United States |
Seventh Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-law criminal-procedure due-process fourth-amendment narcotics-detection prejudice retroactive-application retroactivity search search-and-seizure |
Question not identified |
| 19-7377 |
Gerald Adger v. New York |
New York |
2020-01-23 |
Denied |
Response WaivedIFP |
6th-amendment appeal appellate-counsel conflict-of-interest criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-argument procedural-error right-to-counsel trial-counsel weight-of-evidence |
Was the appellate attorney ineffective assistance of counsel? |
| 19-7385 |
Arthur Lee Kimbel v. Texas |
Texas |
2020-01-23 |
Denied |
IFP |
anders-brief appellate-procedure appellate-review constitutional-law constitutional-requirement criminal-procedure due-process ineffective-assistance judicial-procedure pro-se pro-se-claims right-to-counsel |
When an Appellant files an Appellate Brief raising Pro Se claims after appointed counsel submits an Anders Brief, is the reviewing appellate court con… |
| 19-7390 |
Marshall Henry Ellis v. Oklahoma |
Oklahoma |
2020-01-23 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence exculpatory-material fifth-amendment lesser-included-offense newly-discovered-evidence procedural-bar sentencing sixth-amendment |
Is a defendant serving Life for Murder I entitled to newly discovered exculpatory material when that material would make it more likely that the defen… |
| 19-7392 |
Demetrius Darrell Davis, aka Meatman v. United States |
Fourth Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
4th-amendment 4th-amendment-search-and-seizure abandonment abandonment-doctrine criminal-procedure disclaimer-of-ownership fourth-amendment incriminating-statement incriminating-statements police-questioning property-rights reasonable-expectation-of-privacy search-and-seizure |
Whether a mere disclaimer of ownership in an effort to avoid making an incriminating statement constitutes abandonment |
| 19-7395 |
Jean Crump v. United States, et al. |
Ninth Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process equal-protection false-arrest grand-jury-testimony ineffective-assistance-of-counsel ineffective-counsel judicial-bias prosecutorial-misconduct racial-bias racial-discrimination |
Whether a defendant's constitutional rights were violated when their court-appointed attorney failed to request a new judge despite being advised that… |
| 19-920 |
Boulder Young, aka Boulder Daniel McManigal v. United States |
Eighth Circuit |
2020-01-23 |
Denied |
Response Waived |
appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver |
Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour… |
| 19-906 |
Philip N. Antico v. United States |
Eleventh Circuit |
2020-01-22 |
Denied |
|
allen-charge circuit-court-conflict constitutional-rights criminal-procedure due-process fundamental-due-process fundamental-rights jury-instruction jury-instructions retrial-cost retrial-costs |
Is a criminal defendant's fundamental constitutional rights violated by an Allen charge that instructs a deadlocked jury to consider the expense of a … |
| 19-7355 |
Herman L. Gaines v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-01-22 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-collusion judicial-misconduct post-conviction-relief sixth-amendment strickland-v-washington |
Was the petitioner denied due process and effective assistance of counsel? |
| 19-7356 |
James H. Griffin v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
constitutional-claim criminal-procedure downward-departure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review law-enforcement procedural-due-process sentencing sentencing-manipulation |
Did the lower federal courts err in denying Appellants Faasy Petrtita without affording a full and fair hearing concerning the claim that his counsel … |
| 19-7357 |
Chris Fordham v. Corrections Officer Manzola, et al. |
Fourth Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights due-process evidence exhaustion-doctrine exhaustion-of-remedies fourth-circuit judicial-procedure procedural-dismissal section-1983 standing |
Whether the USDC-EDAO erred in deciding that Plaintiff-Petitioner failed to exhaust and dismissing without prejudice Petitioner's § 1982 Complaint aft… |
| 19-7359 |
Danny Guzman-Correa v. United States |
First Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel jury-consultant lafler-v-cooper missouri-v-frye prejudice public-trial public-trial-violation |
Whether reasonable jurist could find it debatable that Petitioner's public-trial violation warranted reversal at the minimum for an evidentiary hearin… |
| 19-7370 |
Mario Alberto Buenrostro-Lopez v. United States |
Ninth Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
4th-amendment anonymous-tip border-patrol border-security civil-rights criminal-activity criminal-procedure due-process fourth-amendment investigatory-stop reasonable-suspicion vehicle-stop |
Whether an individual's telephone call to law enforcement is sufficient to establish reasonable suspicion for an investigatory stop |
| 19-7376 |
Alice C. Trappler v. New York |
New York |
2020-01-22 |
Denied |
Response WaivedIFP |
burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver |
Whether the automatic waiver and permanent forfeiture of legal insufficiency claims due to trial counsel's failure to move to dismiss on those grounds… |
| 19-7379 |
Lee Samuel Capers v. California |
California |
2020-01-22 |
Denied |
IFP |
constitutional-requirement criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum |
Whether California's death penalty scheme violates the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior… |
| 19-7322 |
Gerardo Sanchez-Miranda v. United States |
Fifth Circuit |
2020-01-21 |
Denied |
IFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 19-7347 |
Broderick Marshall v. Texas |
Texas |
2020-01-21 |
Denied |
IFP |
appeals civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-appeal right-to-counsel right-to-jury-trial standing |
Whether the Texas Court of Criminal Appeals erred in denying petitioner's application for writ of habeas corpus challenging his conviction and sentenc… |
| 19-7348 |
Raymond Alston, aka Raymond Austin v. New York |
New York |
2020-01-21 |
Denied |
IFP |
appellate-jurisdiction civil-procedure constitutional-review criminal-procedure double-jeopardy due-process grand-jury indictment judicial-discretion malicious-prosecution sentencing-standards standing |
Whether the lower court erred in dismissing the petitioner's claims related to due process, double jeopardy, and malicious prosecution |
| 19-7350 |
Billy Battenfield v. Oklahoma |
Oklahoma |
2020-01-21 |
Denied |
IFP |
aedpa appeal-waiver criminal-procedure critical-stage garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining post-sentencing retroactivity statute-of-limitations |
Whether Garza v. Idaho adopts a new watershed rule of procedure that applies retroactively on state collateral review |
| 19-7352 |
Alfredo Godoy-Machuca v. United States |
Ninth Circuit |
2020-01-21 |
Denied |
Response WaivedIFP |
appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea |
Whether the Ninth Circuit Court of Appeals erred in concluding that material affirmative misdavice given by defense counsel regarding collateral conse… |
| 19-7354 |
Lawrence Martin v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2020-01-21 |
Denied |
Relisted (2)IFP |
appellate-court capital-murder constitutional-law constitutional-rights criminal-procedure due-process hearing jurisdiction perjury prosecutor-misconduct prosecutorial-misconduct standing |
Whether state court violated A.C.A. 5-10-202 |
| 19-900 |
Jessica Vennie v. United States |
Fourth Circuit |
2020-01-21 |
Denied |
Response Waived |
conspiracy criminal-joinder criminal-procedure due-process federal-criminal-procedure joinder legal-enterprise racketeering rico rico-act |
Whether Rule 8(b) permits joinder of defendants who participated in the same legal enterprise but were not alleged to have coordinated with one anothe… |
| 19-7327 |
Antonio Macli v. United States |
Eleventh Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability claim-by-claim claim-determination constitutional-law criminal-procedure due-process evidentiary-hearing federal-court federal-courts habeas-corpus reasonable-jurists |
Does a federal habeas court have to determine the need for an evidentiary hearing on a claim by claim basis? |
| 19-7330 |
Michael P. Haldorson v. United States |
Seventh Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
18-usc-844h2 constructive-amendment criminal-procedure due-process grand-jury indictment statutory-interpretation stirone-v-united-states |
Whether a conviction under 18 U.S.C. § 844(h)(2) for carrying an 'explosive, namely, smokeless powder' can be based on the prosecution's argument that… |
| 19-7331 |
Lavorice Dondrell Cunningham v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion legal-standard pending-resolution remand sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
What is the appropriate standard for the determination of substantive reasonableness claim? |
| 19-7332 |
Brian Dean King, Jr. v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
appellate-review burden-of-production burden-of-proof criminal-procedure defendant-objection due-process evidence government-burden pre-sentence-report sentencing |
Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, … |
| 19-7333 |
Eduardo Luis Martinez-Paz v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7336 |
Francisco Pena, Jr. v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-courts federal-judge fifth-amendment judicial-discretion preponderance-of-evidence preponderance-of-the-evidence sentencing sixth-amendment uncharged-conduct |
Do the Fifth and Sixth Amendments prohibit a federal judge from imposing a sentence, based on a defendant's uncharged conduct found by the judge by a … |
| 19-7338 |
David P. Moran v. Florida |
Florida |
2020-01-17 |
Denied |
Response WaivedIFP |
concurrent-sentences consecutive-sentences criminal-procedure double-jeopardy due-process judicial-interpretation prosecutorial-charging same-conduct same-victim sentencing sentencing-discretion sentencing-guidelines |
Should two charges for the same episode of conduct and the same victim with no temporal break whatsoever be sentenced to consecutive prison terms even… |
| 19-7340 |
Junior Vazquez-Suarez v. Florida |
Florida |
2020-01-17 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation criminal-procedure disclosure due-process fourteenth-amendment impeachment-evidence ineffective-assistance police-misconduct |
Whether police officer's failure to disclose impeachment evidence to the defense prior to trial violated the Fourteenth Amendment Due Process Clause u… |
| 19-7278 |
Terrance Cobb v. Florida |
Florida |
2020-01-16 |
Denied |
Response WaivedIFP |
confession criminal-conviction criminal-procedure due-process fifth-amendment fourteenth-amendment newly-discovered-evidence post-conviction-relief |
Whether Mr. Cobb's right to due-process was violated by the Florida courts in denying him post-conviction-relief based on newly-discovered-evidence |
| 19-7305 |
William James Springer v. United States |
Fourth Circuit |
2020-01-16 |
Denied |
Response WaivedIFP |
actual-possession constructive-possession criminal-procedure drug-trafficking firearm-possession foreseeability jointly-undertaken-activity sentencing-enhancement sentencing-guidelines |
Whether a defendant's sentence can be enhanced under U.S.S.G. § 2D1.1(b)(1) for possession of a firearm in connection with a drug trafficking offense … |
| 19-7315 |
Andrew Wright v. United States |
Second Circuit |
2020-01-16 |
Denied |
Response WaivedIFP |
28-U.S.C-2255(f)(4) civil-procedure civil-rights criminal-procedure district-court due-process equitable-tolling habeas-corpus ineffective-assistance-of-counsel notice-of-appeal retained-counsel standing statutory-interpretation |
Does equitable tolling automatically apply under 28 U.S.C. § 2255(f)(4) where a defendant relies, to his detriment, on an oral order of a United State… |
| 19-7324 |
Lonnie Greer, Jr. v. United States |
Sixth Circuit |
2020-01-16 |
Denied |
Response WaivedIFP |
armed-career-criminal-act categorical-approach criminal-procedure different-occasions generic-burglary recklessness sentencing sentencing-enhancement sentencing-judge sixth-amendment sixth-circuit sixth-circuit-precedent statutory-interpretation |
Whether Tennessee aggravated burglary qualifies as 'generic burglary' under the Armed Career Criminal Act |
| 19-7325 |
Hope K. Kantete v. United States |
Third Circuit |
2020-01-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-process post-conviction-relief right-to-trial section-2255 sentencing trial-strategy |
Whether the lower courts erred by failing to rule or even consider on the record whether Ms Kantete was advised of her 'risk factors' in proceeding to… |
| 19-7270 |
Hazhar A. Sayed v. Colorado |
Colorado |
2020-01-15 |
Denied |
Response WaivedIFP |
dna-evidence due-process evidence exculpatory-evidence fourteenth-amendment ineffective-assistance-of-counsel procedural-due-process sexual-assault |
Whether the Due Process Clause of the Fourteenth Amendment provide Mr. Sayed with a procedural due process to have exculpatory (DNA) evidence tested |
| 19-7272 |
Kenyatta Quinn Mitchell v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation, et al. |
Ninth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
6th-amendment compulsory-process constitutional-law constitutional-rights criminal-conviction criminal-procedure due-process evidentiary-hearing fair-trial reasonable-doubt sixth-amendment trial-fairness |
Whether the petitioner received constitutionally effective assistance of counsel at trial |
| 19-7273 |
Pablo Rodriguez-Palomino v. Illinois |
Illinois |
2020-01-15 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure criminal-sexual-assault due-process essential-elements fourteenth-amendment jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review state-evidence sufficiency-of-evidence |
Whether the standard to be applied by state courts when a defendant claims that the evidence is insufficient to convict is whether any rational trier … |
| 19-7287 |
Joey Banks v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-procedure |
Whether Banks was denied his constitutional right to the effective assistance of counsel |
| 19-7289 |
Willis Shane Gordon v. Sam Cline, Warden |
Tenth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines |
Issues being raised |
| 19-7290 |
Tamarkqua Garland v. New York |
New York |
2020-01-15 |
Denied |
Response WaivedIFP |
civil-rights coerced-confession constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct sixth-amendment speedy-trial |
Defendant's speedy trial rights violated |
| 19-7291 |
Jose Abraham Guzman v. Kelly Santoro, Acting Warden |
Ninth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel intoxication jury-instructions voluntary-intoxication |
Whether Guzman's failure to request instruction on voluntary intoxication was ineffective assistance of counsel |
| 19-7292 |
Jerry Franks v. Emma Collins, Warden |
Sixth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
28-usc-2244 brady-v-maryland brady-violation criminal-procedure habeas-corpus montgomery-v-louisiana post-conviction-review retroactivity retroactivity-of-new-rules statutory-interpretation supremacy-clause supreme-court-retroactivity trevino-v-thaler |
Did Montgomery v. Louisiana announce a new watershed rule of criminal procedure that applies retroactively when ruling the Supremacy Clause applies to… |
| 19-7294 |
Mohammed Kwaning v. United States |
Fourth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
apprendi civil-rights confrontation-clause constitutional-rights due-process evidence fair-trial hearsay hearsay-testimony judicial-error jury-trial material-evidence preponderance-of-evidence sentencing sentencing-enhancement |
Whether the Government officials conduct violated Petitioner's constitutional rights? |
| 19-7296 |
In Re Gilbert M. Martinez |
|
2020-01-15 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion administrative-discretion administrative-law disability-benefits due-process evidence gerd medical-evidence property-tax-exemption rheumatoid-arthritis social-security social-security-administration-discretion social-security-disability |
Did the Social Security Administration abuse its discretion holding that plaintiff is ineligible for Social Security disability benefits after claiman… |
| 19-7297 |
Christopher J. Burton v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2020-01-15 |
Denied |
Response WaivedIFP |
civil-commitment collateral-consequences criminal-justice criminal-procedure deportation due-process professional-assistance sexually-violent-predator strickland-v-washington voluntary-plea |
Whether civil commitment proceedings are sufficiently similar to deportation proceedings such that the distinction between collateral and direct conse… |
| 19-7298 |
James Lee Bell v. Florida |
Florida |
2020-01-15 |
Denied |
Response WaivedIFP |
apprendi-precedent blakely-rule criminal-procedure due-process judicial-discretion jury jury-trial mandatory-minimum recidivism recidivist-treatment sentencing sentencing-enhancement |
Was the limitation of Almendarez-Torres and the dictates of Apprendi and Blakely violated? |
| 19-7299 |
John Joseph Barrera v. Noah Nagy, Warden |
Sixth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process false-information fourteenth-amendment habeas habeas-corpus sentencing sentencing-accuracy sixth-amendment townsend-v-burke |
Where a state criminal defendant has been sentenced on the basis of inaccurate/false information used by the sentencer to increase his punishment, fol… |
| 19-7300 |
Billy J. Booker v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-15 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-provisions criminal-procedure due-process habeas-corpus jurisdiction sentencing standing statutory-provisions |
Whether a conviction under 18 U.S.C. 1962 holds Cubana Air Piracy as a predicate act |
| 19-7310 |
Michael Charles Smith v. Florida |
Florida |
2020-01-15 |
Denied |
Relisted (2)IFP |
confession-voluntariness criminal-procedure due-process involuntary-confession medication-effects medication-impairment mental-capacity narcotic-medication physical-condition psychological-coercion voluntariness |
Whether a conviction resulting from a confession that was not freely and voluntarily given due to the accused's physical condition and impact of narco… |
| 19-7312 |
In Re Mo Savoy Hicks |
|
2020-01-15 |
Denied |
IFP |
actual-innocence criminal-procedure discarded-evidence due-process evidentiary-standard exculpatory-evidence forensic-fraud fundamental-injustice habeas-corpus ineffective-assistance-of-counsel judicial-review perjured-testimony post-conviction-relief state-court-proceedings |
Whether new evidence establishes the petitioner's actual innocence and his continued incarceration is fundamentally unjust |
| 19-874 |
William Alan Pesnell, et al. v. Jill Sessions, et al. |
Louisiana |
2020-01-15 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-access criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment fundamental-rights public-access public-records sixth-amendment trial-recording |
Whether La. R.S. 44:4(47) and the local rule of the 26 Judicial District Court in and for Bossier Parish can bar public access to the digital recordin… |
| 19-876 |
Fernando A. Ramirez v. Dave Hogue, et al. |
North Dakota |
2020-01-15 |
Denied |
Relisted (2) |
civil-rights court-integrity document-fraud due-process evidence evidence-tampering fraud judicial-misconduct legal-procedure public-records spoliation |
Whether courts can ignore the modification and deletion of public and important documents such as 911 Call for Service records in order to sabotage a … |
| 19-7268 |
Acharayya Rupak v. United States |
Ninth Circuit |
2020-01-14 |
Denied |
Response WaivedRelisted (2)IFP |
continuance criminal-procedure due-process plain-error-review plea-bargaining retained-counsel right-to-counsel sentencing sixth-amendment standard-of-review |
Whether the district court erred in denying the defendant's request to substitute retained counsel |
| 19-7269 |
James Patton Robertson v. United States |
Eleventh Circuit |
2020-01-14 |
Denied |
Response WaivedIFP |
coram-nobis criminal-procedure due-process federal-law frivolous frivolous-claim judicial-review statute-of-limitations summary-disposition transactional-immunity |
Whether summary disposition is appropriate when considering a petition for writ of coram nobis |
| 19-7275 |
Cecil Boyett v. New Mexico |
New Mexico |
2020-01-14 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure defense-rights discovery-rules due-process exculpatory-evidence expert-witness fourteenth-amendment habeas-corpus judicial-discretion prosecutorial-misconduct sixth-amendment state-court state-prosecution |
Whether petitioner Boyett's constitutional rights were violated by the Thirteenth Judicial District Court of New Mexico under the Due Process Clause o… |
| 19-7282 |
John Anthony Arnold v. Virginia |
Virginia |
2020-01-14 |
Denied |
IFP |
4th-amendment appellate-review civil-rights criminal-procedure death-penalty due-process evidence-suppression fourth-amendment law-enforcement motion-to-suppress ninth-circuit search-warrant standing warrantless-arrest |
Did the Virginia Supreme Court err in upholding petitioner's warrantless arrest? |
| 19-7254 |
John Garrett Smith v. Washington |
Washington |
2020-01-13 |
Dismissed |
IFP |
criminal-procedure due-process fifth-amendment grand-jury indictment jury-trial martial-law military-justice sixth-amendment |
Whether the absence of a grand jury indictment violates due process and the right to a jury trial under the Fifth and Sixth Amendments |
| 19-7255 |
Fernando Duran v. United States |
Tenth Circuit |
2020-01-13 |
Denied |
Response WaivedIFP |
acknowledgment criminal-procedure drug-possession due-process evidence evidence-standard jury narcotics-law reasonable-doubt |
Does the due process clause's requirement of proof beyond a reasonable doubt obligate the government in a drug possession case to present evidence of … |
| 19-7258 |
Jamal Marquise Collins v. United States |
Fifth Circuit |
2020-01-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure holguin-hernandez judicial-review legal-standard objections remand sentencing timeliness timely-objection |
Whether parties to a criminal proceeding must make timely objections to the unreasonableness of a sentence? |
| 19-7261 |
Gibron Lopez v. United States |
Second Circuit |
2020-01-13 |
Denied |
Response WaivedIFP |
co-conspirator criminal-procedure criminal-relationship criminal-relationship-development evidence evidence-admissibility evidence-rule-404(b) hobbs-act inextricably-intertwined-evidence intimate-relationship narcotics-sales relationship rule-404(b) rule-404b sexual-relationship trust trust-relationship |
Where evidence of prior narcotics sales was introduced at trial to establish both a relationship of trust among co-conspirators, as well as how their … |
| 19-7264 |
Lazaro Zapata v. Illinois |
Illinois |
2020-01-13 |
Denied |
Response WaivedIFP |
14th-amendment. 5th-amendment civil-procedure due-process standing takings appeals appellate-review case-review civil-rights court-decision criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-procedure legal-interpretation |
Whether the Illinois Appellate Court erred in denying petitioner's request for a new trial based on ineffective assistance of counsel and due process … |
| 19-7265 |
Joseph Totoro, II v. United States |
Third Circuit |
2020-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 scienter scienter-requirement sixth-amendment sixth-amendment-access-to-courts speedy-trial |
Did the Court, the United States Attorney, and the former attorneys violate DOJ policy and Due Process |
| 19-7223 |
Erik Bilal Khan v. United States |
Tenth Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
arraignment counsel-duty criminal-procedure criminal-procedure-ineffective-assistance-counsel ineffective-assistance lesser-crimes plea-bargaining prejudice prejudice-standard reasonable-probability right-to-counsel |
Whether counsel was ineffective in misadvising and interfering with the defendant's choice of plea at the arraignment |
| 19-7238 |
Jerry Reginald Burkes v. Tennessee |
Tennessee |
2020-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure dismissal due-process harmless-error harmless-error-analysis indictment-dismissal mandatory-language money-laundering speedy-trial speedy-trial-act statutory-interpretation tennessee-local-rule-10.03 tennessee-rules-of-criminal-procedure tennessee-rules-of-evidence trial-rights |
Whether the trial court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70-day time limit is subject to harmle… |
| 19-7243 |
Joshua Wolf v. Cindy Griffith, Warden |
Eighth Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure eighth-amendment equal-protection fourteenth-amendment juvenile-offenders mandatory-life-without-parole mandatory-sentencing resentencing sentencing-procedures sixth-amendment |
Whether Missouri's decision to order resentencing for juvenile homicide offenders with mandatory 50-year sentences but not for Joshua, a juvenile homi… |
| 19-7244 |
David Anson Alandt v. Arkansas |
Arkansas |
2020-01-10 |
Denied |
IFP |
actual-innocence actual-innocence-claims constitutional-rights criminal-procedure due-process evidence evidence-withholding executive-clemency habeas-corpus newly-discovered-evidence post-conviction-appeal |
Whether Arkansas' criminal court system provides a remedy for claims of actual innocence based on newly discovered evidence |
| 19-7249 |
Herbert Evans v. J. Hollingsworth, Warden |
Third Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jurisdiction parole revocation sentencing statutory-interpretation supervised-release |
Whether a district court has the authority to impose a new sentence of imprisonment after the original term of supervised release has expired |
| 19-7251 |
William McNeal v. Florida |
Florida |
2020-01-10 |
Denied |
Response WaivedIFP |
Apprendi apprendi-standard apprendi-v-new-jersey criminal-law criminal-procedure degree-classification due-process essential-element essential-elements jury-trial reclassification sentencing sentencing-enhancement statutory-interpretation |
Whether Florida's interpretation of 'essential element' is contrary to Apprendi v. New Jersey |
| 19-7253 |
Fabrizio DeFrancisci v. United States |
Second Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
appeals certificate-of-appealability criminal-procedure criminal-procedure-rule-60(b)(6) due-process post-conviction-relief rule-60b-motion second-circuit sentencing sentencing-guidelines ussg |
Was the district court and appeals court wrong to deny the Rule 60(b)(6) motion and certificate of appealability, respectively, when this court has sp… |
| 19-7220 |
Francisco Guerrero-Saucedo v. United States |
Fifth Circuit |
2020-01-09 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7228 |
Jerry Carter v. United States |
Eighth Circuit |
2020-01-09 |
Denied |
Response WaivedRelisted (2)IFP |
chain-of-custody confidential-informant confrontation-clause criminal-procedure criminal-procedure-8th-amendment-confrontation-cla criminal-procedure-ineffective-assistance-of-couns eighth-circuit evidence harmless-error ineffective-assistance ineffective-assistance-of-counsel napue-violation strickland-standard Whether the Eighth Circuit erred in rejecting the |
Whether the Eighth Circuit Court of Appeals erred |
| 19-7237 |
Christopher L. Croom v. Illinois |
Illinois |
2020-01-09 |
Denied |
Response WaivedIFP |
admonishment conflict-of-interest constitutional-rights criminal-procedure defendant judicial-admonishment jury-bias right-to-counsel trial-court trial-court-admonishment waiver |
Does a defendant knowingly waive the right to conflict-free counsel when the trial court merely admonishes the defendant that a conflict exists, witho… |
| 19-860 |
Nikolai Bosyk v. United States |
Fourth Circuit |
2020-01-09 |
Denied |
Response Waived |
child-pornography circuit-split criminal-procedure fourth-amendment ip-address probable-cause search-and-seizure search-warrant |
Whether the single click of a URL link to child pornography by someone using an individual's IP address can provide probable cause to support a search… |
| 19-7188 |
John Jay Powers v. M. L. Stancil |
Tenth Circuit |
2020-01-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3584 18-usc-3584a administrative-deference administrative-law bureau-of-prisons criminal-procedure criminal-sentencing deference federal-bureau-of-prisons federal-courts federal-sentencing sentencing-interpretation statutory-ambiguity statutory-interpretation |
Is the language of 18 U.S.C. 3584(a)'s phrase 'at the same time' ambiguous? |
| 19-7206 |
Robert W. Johnson v. Law Offices of Jennifer S. Adams, et al. |
Second Circuit |
2020-01-08 |
Denied |
IFP |
civil-rights constitutional-law criminal-fine-improvement-act criminal-liability criminal-procedure due-process insurance-fraud second-circuit sentencing standing statutory-interpretation white-collar-crime |
Whether the lower court erred in its ruling on the petitioner's claims |
| 19-7208 |
Gbenga Benson Ogundele v. United States |
Fourth Circuit |
2020-01-08 |
Denied |
Response WaivedIFP |
chapman-standard confrontation-clause due-process evidence fair-trial federal-rule-of-evidence federal-rules-of-evidence government-evidence sixth-amendment |
Whether voluminous amounts of substantive evidence containing prejudicial opinions of government agents held to be erroneously admitted under Federal … |
| 19-7209 |
Jurother Lee Alston, Jr. v. United States |
Fourth Circuit |
2020-01-08 |
Denied |
Response WaivedIFP |
4th-amendment constitutional-rights criminal-procedure criminal-procedure-4th-amendment-exclusionary-rule evidence-law exclusionary-rule fourth-amendment inevitable-discovery nix-v-williams search-and-seizure |
What is the scope of the Inevitable Discovery doctrine originally set out in Nix v. Williams, 467 U.S. 431, 444 (1984)? |
| 19-7212 |
Ronald Lee Alexander v. Texas |
Texas |
2020-01-08 |
Denied |
IFP |
civil-procedure civil-rights due-process evidence habeas-corpus prison-litigation prisoner-rights standing |
Whether a Thomas prisoner has a right to an evidentiary hearing on a chain of custody claim |
| 19-7213 |
Rodney Banks v. California |
California |
2020-01-08 |
Denied |
IFP |
4th-amendment 5th-amendment arrest constitutional-rights criminal-procedure due-process evidence fourth-amendment law-enforcement miranda-rights probable-cause search-and-seizure |
Whether the arresting officer failed to read the petitioner their Miranda rights and used the wrong evidence for deliberation |
| 19-7215 |
Jerry Jabbari Rhodes v. United States |
Fourth Circuit |
2020-01-08 |
Denied |
IFP |
acquittal constitutional-rights criminal-procedure double-jeopardy due-process judicial-sentencing jury-trial sentencing sixth-amendment watts-decision |
Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty? |
| 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… |
| 19-7219 |
Jonathan Canales v. Florida |
Florida |
2020-01-08 |
Denied |
IFP |
civil-procedure constitutional-law due-process jurisdiction standing statutory-interpretation appeal civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel |
Whether the Florida Fifth District Court of Appeal erred in affirming the lower court's denial of petitioner's motion to vacate his conviction and sen… |
| 19-7190 |
Ernesto Benavides Jr. v. Texas |
Texas |
2020-01-07 |
Denied |
IFP |
appeal collateral-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pretrial-motion right-to-appeal sixth-amendment suppression-of-evidence |
Has Petitioner been denied the right to a meaningful appeal of his motion to suppress evidence under Jackson v. Denno, 378 U.S. 368 (1964), that occur… |
| 19-7197 |
Darryl William Young v. United States |
Ninth Circuit |
2020-01-07 |
Denied |
Response WaivedIFP |
bank-robbery colloquy constitutional-law constitutional-question-of-procedural-law criminal-procedure criminal-procedure-rule-11 criminal-procedure-rule-20 direct-appeal district-court-jurisdiction due-process federal-jurisdiction federal-question-of-statutory-law federal-rules-criminal-procedure jurisdictional-venue overbroad-interpretation plea-agreement plea-validity procedural-requirements sentencing statutory-interpretation statutory-law venue waiver |
Whether the district court had jurisdictional venue to accept the petitioner's plea agreement and sentence when the requirements of Federal Rules of C… |
| 19-7198 |
B. T. D. v. Alabama |
Alabama |
2020-01-07 |
Denied |
Response WaivedIFP |
civil-rights constitutional-vagueness criminal-procedure due-process equal-protection juvenile-justice juvenile-transfer serious-physical-injury standing vagueness |
Does a child have due process rights to a judicial determination of whether his/her case should remain in juvenile court or should be transferred to a… |
| 19-7201 |
Casey Lee Jones v. United States |
Fifth Circuit |
2020-01-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review due-process federal-criminal-procedure federal-rules-of-criminal-procedure rule-11 supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decisions of other Circuits on an important matter |
| 19-850 |
Mark Joseph Derrico v. Georgia |
Georgia |
2020-01-07 |
Denied |
Response Waived |
arbitrary-enforcement civil-rights criminal-procedure criminal-statute due-process equal-protection prosecutorial-discretion statutory-interpretation void-for-vagueness |
Does the void-for-vagueness doctrine extend to cases where courts have rested on the authority of judges and juries to ratify arbitrary enforcement? |
| 19-845 |
Charles Huggins v. United States |
Second Circuit |
2020-01-06 |
Denied |
Response Waived |
28-usc-2255 brady-violation criminal-procedure due-process evidentiary-hearing ineffective-assistance insufficient-evidence perjury section-2255 sixth-amendment |
Whether Petitioner was deprived of due process |
| 19-7138 |
Michael Blankenship v. United States |
Fourth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
clean-water-act criminal-procedure environmental-law evidence evidence-admissibility eyewitness-testimony fecal-coliform intent prejudice rule-404(b) rule-404b witness-testimony |
Whether a chart showing consistently high fecal coliform levels in a creek was relevant to show other potential sources of odors testified to by witne… |
| 19-7164 |
Dominic Howard v. United States |
Fifth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process exclusionary-rule fifth-circuit fourth-amendment in-forma-pauperis ineffective-assistance-of-counsel judicial-review pro-se probable-cause search-and-seizure sentencing standing writ-of-certiorari |
Whether the Fifth Circuit erred in affirming the district court's denial of Petitioner's motion to suppress evidence obtained in violation of the Four… |
| 19-7171 |
Samuel Turner v. United States |
Eighth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
arrest civil-rights conviction-and-sentence criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-possession due-process exculpatory-evidence fourth-amendment fourth-amendment-search-and-seizure investigative-reports police-conduct probable-cause search-and-seizure subpoena-duces-tecum supervisory-power |
Whether the lower courts erred by upholding the arrest of Mr. Turner? |
| 19-7173 |
Kenneth Rose v. United States |
Sixth Circuit |
2020-01-06 |
Denied |
Response WaivedRelisted (2)IFP |
address-discrepancy affidavit criminal-procedure fourth-amendment good-faith-exception ineffective-assistance ineffective-assistance-of-counsel material-fact plain-error search-warrant suppression |
Whether appellate counsel was ineffective for failing to raise a plain error of fact material to Leon's third exception, which would have not permitte… |
| 19-7180 |
Rafael Leonhard Wolfga Beier v. United States |
Ninth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rules-of-criminal-procedure mental-impairment motion-for-new-trial newly-discovered-evidence post-conviction-relief rule-33 standard-of-review standards-for-new-trial trial-standard |
Does a criminal defendant's discovery of a recognized mental impairment after conviction at trial constitute newly discovered evidence under Federal R… |
| 19-7182 |
Cirilo Mancilla Lopez v. United States |
Fifth Circuit |
2020-01-06 |
Denied |
IFP |
appeal appellate-review criminal-procedure due-process legal-objection preservation-of-error sentencing-guidelines sentencing-review standard-of-review substantive-unreasonableness |
Whether claims of substantive unreasonableness must be preserved by specific objection? |
| 19-7183 |
Malcolm William v. Pennsylvania |
Pennsylvania |
2020-01-06 |
Denied |
Response WaivedIFP |
causation criminal-procedure criminal-procedure-arrest-of-judgment due-process elements-of-crime evidence evidence-sufficiency hearsay insufficient-evidence malice motion-in-limine murder murder-charge new-trial sixth-amendment third-degree |
Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree |
| 19-7141 |
Fernando Oliveros v. Illinois |
Illinois |
2020-01-03 |
Denied |
Response WaivedIFP |
civil-rights constitutional-guarantee criminal-interpretation criminal-procedure due-process ex-post-facto free-speech legislative-intent lenity standing statutory-ambiguity statutory-construction |
When the legislature has not spoken in language that is clear and definite and has affixed the punishment for an offense, can a state court limit the … |
| 19-7151 |
Erick David Lopez v. United States |
Ninth Circuit |
2020-01-03 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process evidence evidence-admission fifth-amendment free-speech ninth-circuit prejudice rap-poem sixth-amendment |
Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w… |
| 19-7161 |
Aaron Michael Murray v. United States |
Eleventh Circuit |
2020-01-03 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea |
Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes … |
| 19-7165 |
Omar Macias-Macias v. United States |
Fifth Circuit |
2020-01-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-jurisdiction appellate-ripeness circuit-split civil-rights constitutional-law criminal-procedure direct-appeal due-process finality jurisdiction justiciability legal-challenge standing supervised-release |
Does the doctrine of prudential ripeness allow the Court of Appeals to dismiss a defendant's timely direct appeal challenging a supervised release con… |
| 19-7167 |
Harshadkumar Nanjibhai Jadav v. Virginia |
Virginia |
2020-01-03 |
Denied |
Response WaivedIFP |
appellate-review circumstantial-evidence criminal-procedure evidence-sufficiency first-degree-murder identity-of-defendant identity-of-perpetrator jury-instructions possession-of-weapon premeditation sufficiency-of-evidence |
Whether the Court of Appeals of Virginia unreasonably affirmed the Petitioner's conviction on the charge of First-Degree Murder |
| 19-7146 |
David Rapoport v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2020-01-02 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure criminal-procedure-ineffective-assistance-of-couns death-penalty due-process guilty-plea ineffective-assistance life-without-parole plea-bargaining sentencing waiver-of-appeal-rights |
Was the petitioner's counsel ineffective in pre-trial stages? |
| 19-7093 |
Oscar Ibarra v. Nick Ludwick, Warden |
Eighth Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-procedure indigent-defendant ineffective-assistance murder right-to-counsel sixth-amendment |
Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented both a… |
| 19-7112 |
Gabriel Galindo-Serrano v. United States |
First Circuit |
2019-12-31 |
Denied |
IFP |
confession confession-suppression court-of-appeals criminal-procedure delay magistrate-judge motion-to-suppress plain-error standard-of-review waiver |
Whether the standard of review on appeal of an untimely motion to suppress a confession, based upon the failure to bring the defendant before a magist… |
| 19-7116 |
Eddie Estuardo Galindo-Mendez v. United States |
Fifth Circuit |
2019-12-31 |
Denied |
IFP |
appellate-review criminal-procedure due-process factual-error harmless-error judicial-review plain-error plain-error-review standard-of-review |
Whether factual error is categorically immune from plain error review? |
| 19-7117 |
Vance Edward Ingram, III v. United States |
Fourth Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-procedure constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-power plea-agreement plea-bargaining waiver |
Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement? |
| 19-7118 |
Calvin Buffington v. United States |
Seventh Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity due-process judicial-fact-finding section-3582 section-3582(c)(2) sentence-reduction sentencing-guidelines sentencing-guidelines-3582(c)(2) statutory-interpretation |
Whether the district court's failure to find a drug quantity when adopting PSR in its entirety authorized it to select a new quantity as a basis for t… |
| 19-7120 |
Gilbert Sanchez v. Texas |
Texas |
2019-12-31 |
Denied |
IFP |
apprendi-v-new-jersey blakely-v-washington criminal-appeals criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus in-re-winship jury-trial right-to-trial-by-jury sixth-amendment texas-constitution |
Is the Fourteenth Amendment of the United States Constitution violated when the Texas Court of Criminal Appeals denies an Applicant habeas relief base… |
| 19-7122 |
Vinodh Raghubir v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-12-31 |
Dismissed |
IFP |
access-to-courts attorney-fees civil-procedure civil-rights constitutional-violations criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction-relief standing takings |
Whether the Petitioner's constitutional rights were violated when the lower court dismissed his petition for writ of habeas corpus |
| 19-7124 |
Derwin Lee Butler v. California |
California |
2019-12-31 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process jury-instruction jury-instructions post-trial-hearing right-to-call-witnesses stipulation trial-court-error trial-error trial-procedure witness-testimony |
Does a criminal defendant become deprived of his constitutional rights when the trial court fails to read an agreed upon stipulation and instruction t… |
| 19-7130 |
Fabio Morel v. United States |
Second Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
appellate-review case-law circuit-court-interpretation criminal-procedure criminal-sentencing judicial-precedent plea-agreement plea-bargaining precedent retroactivity sentencing sentencing-guidelines statutory-construction statutory-interpretation supreme-court-precedent |
Whether the lower court's decision is in conflict with Freeman v. United States, 564 U.S. 522 (2011) and Hughes v. United States, 138 S. Ct. 1765 (201… |
| 19-7132 |
Ric Thomason, Jr. v. United States |
Eleventh Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure defendant-presence defendant-rights district-court-discretion due-process judicial-procedure modified-sentence resentencing sentencing |
Whether the district court abused its discretion in failing to hold a resentencing hearing, with the defendant present, prior to imposing a modified s… |
| 19-7136 |
Karen Lynn McClaflin v. United States |
Tenth Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
affidavit appeal appellate-procedure cja-appointment counsel-appointment criminal-justice-act criminal-justice-act-1964 criminal-procedure due-process fee-waiver in-forma-pauperis prosecutorial-misconduct sentencing standing writ-of-certiorari |
Whether the Tenth Circuit Court of Appeals erred in affirming the district court's denial of Ms. McClaflin's motion to dismiss the indictment on the b… |
| 19-822 |
Laurie A. White, Judge, Section A of the Orleans Parish Criminal District Court, et al. v. Alana Cain, et al. |
Fifth Circuit |
2019-12-31 |
Denied |
Response Waived |
conflict-of-interest constitutional-conflict criminal-procedure due-process federal-jurisdiction fines-and-fees judicial-disqualification judicial-impartiality state-court-funding state-court-jurisdiction |
Does the federal court have jurisdiction to disqualify state criminal court judges from adjudicating matters, over which they have exclusive jurisdict… |
| 19-828 |
Charles Garske, et al. v. United States |
First Circuit |
2019-12-31 |
Denied |
Response Waived |
constitutional-law criminal-procedure double-jeopardy government-misconduct manifest-necessity mistrial oregon-v-kennedy retrial united-states-v-perez |
Whether the Double Jeopardy Clause bars a second prosecution when the government caused the mistrial and it was entered over the defendant's objection |
| 19-829 |
Chrimar Systems, Inc. v. Juniper Networks, Inc., et al. |
Federal Circuit |
2019-12-31 |
Denied |
Response Waived |
administrative-procedure burden-of-proof due-process evidence inter-partes-review patent patent-challenge patent-law reply reply-evidence |
Did the Patent and Trademark Trial and Appeal Board violate 35-USC-312(a)(3) and 35-USC-316(a)(8) |
| 19-7083 |
Leroy L. Perdue v. United States |
Fourth Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
851-enhancement criminal-procedure due-process enhancement federal-statute notice role-adjustment sentencing sentencing-enhancement sentencing-guidelines statutory-compliance statutory-interpretation |
Whether the sentence should be vacated for failure comply with the requirements of 21 U.S.C. § 851(b) |
| 19-7084 |
Andrew Haley Morcombe v. United States |
Eleventh Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
affirmative-defense criminal-procedure domestic-violence due-process fair-trial international-kidnapping international-parental-kidnapping jury-instructions state-law state-law-definitions statutory-interpretation |
Whether the failure of 18 U.S.C. § 1204 to define 'domestic violence' violates due process and deprives defendants of a fair trial |
| 19-7086 |
Walter Daniel Prezioso v. United States |
Ninth Circuit |
2019-12-30 |
Denied |
IFP |
acquitted-conduct constitutional-rights criminal-procedure due-process fifth-amendment sentencing sixth-amendment |
Whether reliance on acquitted conduct in imposing sentence violates the Fifth and Sixth Amendments? |
| 19-7088 |
Marcos Cortez-Rogel v. United States |
Fifth Circuit |
2019-12-30 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7089 |
Jonathan Cruz-Ramirez v. United States |
Ninth Circuit |
2019-12-30 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidence evidence-admission fifth-amendment first-amendment juvenile-evidence prejudice prejudicial-error sixth-amendment |
Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w… |
| 19-7094 |
Ernest Lawrence v. Gurbir Grewal, Attorney General of New Jersey, et al. |
Third Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-review criminal-procedure custodial-interrogation due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights miranda-v-arizona police-interrogation prior-bad-acts prosecutorial-misconduct strickland-standard |
Whether The Lower Court's Decisions Were Contrary To Miranda v. Arizona, 384 U.S. 436 (1966) and Whether the Lower Courts Unreasonably Applied Miranda… |
| 19-7095 |
David Lee Smith v. United States District Court for the Eastern District of North Carolina |
Fourth Circuit |
2019-12-30 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-relief criminal-procedure due-process habeas-corpus judicial-standards pro-se sentencing standing statutory-interpretation |
Is pro-se petitioner entitled to court's liberal construction of his complaint? |
| 19-7096 |
David Lee Smith v. Rick Jackson |
Fourth Circuit |
2019-12-30 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-evidence criminal-procedure due-process evidence evidentiary-standard fingerprint fingerprint-analysis jury jury-confusion probable-cause standing wrongful-conviction |
Whether petitioner is entitled to a remand with instructions for the district court to order the case dismissed with prejudice because the prosecution… |
| 19-7097 |
Juan Sanchez v. California |
California |
2019-12-30 |
Denied |
IFP |
confrontation-clause criminal-procedure cross-examination due-process out-of-court-statements prior-testimony testimonial-statements trial-evidence witness-memory witness-testimony |
Whether a defendant in a criminal case is denied the opportunity for full and effective cross-examination in violation of the Confrontation Clause |
| 19-7098 |
Antonio Shaw v. United States |
Eighth Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure defense-counsel due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel objective-standard sixth-amendment standard-of-review witness-testimony |
Whether defense counsel's performance fell below the reasonable standard of representation |
| 19-7101 |
David Nowakowski v. E.E. Austin and Son, Inc., et al. |
Pennsylvania |
2019-12-30 |
Denied |
Response WaivedIFP |
civil-rights criminal-organizations criminal-procedure criminal-racketeering due-process inchoate-crimes legal-remedies legislative-interpretation organized-crime pro-se pro-se-litigation racketeering standing statutory-construction |
Where a plaintiff's position falls within the scope of an open Legislative statement, can the open ended nature of the statement be used to offset lon… |
| 19-7102 |
Ruben Mendez v. United States |
Fifth Circuit |
2019-12-30 |
Denied |
IFP |
case-review constitutional-law court-of-appeals criminal-procedure criminal-sentencing due-process judicial-precedent legal-procedure precedent sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-7104 |
Julio Cesar Pacheco-Astrudillo v. United States |
Fifth Circuit |
2019-12-30 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7070 |
Gary R. Tomey, II v. United States |
Eleventh Circuit |
2019-12-27 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fifth-amendment indictment jury-instructions material-variance self-incrimination sentencing sentencing-hearing |
Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its del… |
| 19-7071 |
Joseph A. Williams v. United States |
Seventh Circuit |
2019-12-27 |
Denied |
IFP |
appellate-review armed-career-criminal-act certification criminal-law criminal-procedure judicial-certification sentencing serious-drug-offense state-convictions statutory-interpretation |
Whether the Armed Career Criminal Act's 'serious drug offense' definition is limited to only those state convictions that are the same or narrower tha… |
| 19-7078 |
Braun Nathan Thompson v. United States |
Eighth Circuit |
2019-12-27 |
Denied |
Response WaivedIFP |
18-usc-924 aggravated-robbery armed-robbery-statute criminal-law criminal-procedure elements-clause federal-sentencing firearms-offense minnesota-law sentencing-enhancement statutory-interpretation violent-felony |
Whether aggravated robbery under Minnesota law is a violent felony within the scope of the elements clause of 18 U.S.C. §924(e)(2)(b)(i) |
| 19-7080 |
Stanley Jaboin v. Florida |
Florida |
2019-12-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process due-process,criminal-procedure,federal-law,supreme failure-to-render-aid federal-law florida-statute-316.193 judgment-of-acquittal motion-for-acquittal standard-of-proof statutory-interpretation supreme-court-precedent |
Did the First District Courts of Appeals apply federal law issued by the United States Supreme Court in a way that frustrates and undermines its holdi… |
| 19-7082 |
Mark J. Lipski v. Maine |
Maine |
2019-12-27 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-protection conviction-consequences criminal-procedure due-process economic-disadvantage indigent-defense ineffective-assistance judicial-oath legal-ethics legal-representation liberty-interests right-to-counsel state-prosecution |
Was the right to counsel waived? |
| 19-7059 |
John Kenneth Schiefer v. United States |
Ninth Circuit |
2019-12-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure district-court due-process judicial-discretion legal-reasoning plain-error procedural-error respect-for-law sentencing sentencing-guidelines sentencing-procedure |
Did the district court plainly procedurally err when it selected and imposed sentence based on its desire to promote the defendant's respect for the l… |
| 19-7047 |
In Re Antwoyn Spencer |
|
2019-12-23 |
Denied |
Response WaivedRelisted (2)IFP |
appeal civil-rights criminal-procedure due-process pro-se sentencing |
Question not identified |
| 19-7049 |
In Re Antwoyn Spencer |
|
2019-12-23 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-rights constitutional-claim criminal-law criminal-procedure due-process federal-jurisdiction habeas-corpus ineffective-assistance personal-liberty pro-se-petition punishment standing strickland-standard undue-delay |
Whether petitioner is being deprived of his civil rights due to undue delay in appellate ruling |
| 19-7050 |
In Re Charlene Rosa |
|
2019-12-23 |
Denied |
IFP |
appeal civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel judicial-review sanctions statutory-interpretation witness-testimony |
Whether the Koweth, Oortrick Covert 4 wypptooll abuse dy duration M Sombion Hh lod decmaye |
| 19-7051 |
Adan Reyes-Martinez v. United States |
Fifth Circuit |
2019-12-23 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement plea-bargaining sentencing waiver waiver-of-rights |
Whether the Fifth Circuit erred by ruling that Mr. Reyes-Martinez waived the right to appeal his sentence |
| 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 |
Did the failure to introduce evidence that the pedestrian had cocaine in her system render counsel's assistance constitutionally ineffective? |
| 19-7055 |
In Re Charlene Rosa |
|
2019-12-23 |
Denied |
IFP |
brady-v-maryland civil-rights constitutional-law criminal-procedure due-process equal-protection evidence fourth-amendment habeas-corpus ineffective-assistance-of-counsel search-and-seizure strickland-v-washington |
Whether the state court violated the defendant's constitutional rights by denying his claims of ineffective assistance of counsel, denial of due proce… |
| 19-7056 |
Robert Keith Kinsey v. United States |
Fifth Circuit |
2019-12-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure district-court judicial-objection objection preservation-of-error procedural-reasonableness reasonableness sentencing sentencing-procedure |
Must challenges to the procedural reasonableness of a sentence be preserved by a separate 'reasonableness' objection in district court? |
| 19-7027 |
Patrick T. Hughes v. Pennsylvania |
Pennsylvania |
2019-12-20 |
Denied |
Response WaivedIFP |
accomplice-liability confrontation-clause criminal-conspiracy criminal-homicide due-process eighth-amendment evidence reasonable-doubt |
Whether the evidence was sufficient to sustain a conviction of criminal homicide, criminal conspiracy to commit homicide |
| 19-7035 |
Michael B. Lowry v. United States |
Eighth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
4th-amendment attenuation-doctrine burden-of-proof criminal-procedure evidence-suppression exclusionary-rule fourth-amendment search-and-seizure suppression-of-evidence |
Does the government bear the burden of proving that the attenuation doctrine applies to preclude suppression of evidence after an illegal search or se… |
| 19-7037 |
Shannon Bradley v. Thomas A. Cox, Jr. |
Georgia |
2019-12-20 |
Denied |
Response WaivedIFP |
4th-amendment arrest-procedure civil-rights constitutional-rights due-process evidence evidence-suppression exclusionary-rule jurisdiction probable-cause search-and-seizure trial-court-jurisdiction unlawful-search unlawful-seizure |
Whether the trial court lawfully obtained its jurisdiction to be heard? |
| 19-7038 |
Angela Maxine Lee v. United States |
Fifth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-922 18-usc-924 3553-a-factors 3553a-factors appellate-review criminal-procedure criminal-sentencing district-court-discretion federal-sentencing-guidelines sentencing-guidelines sentencing-reasonableness standard-of-review substantive-reasonableness |
Whether the above-Guidelines 84-month sentence ordered by the district court is substantively unreasonable under the § 3553(a) factors |
| 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… |
| 19-7041 |
Pedro L. Ramirez-Rivera v. United States |
First Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland criminal-procedure direct-appeal due-process exculpatory-evidence post-conviction post-conviction-relief post-conviction-review prosecutorial-misconduct right-to-appeal |
Whether the United States Attorneys are obliged to disclose exculpatory evidence known to exist after the defendant has been convicted by trial by jur… |
| 19-7043 |
John A. Toth v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-12-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment abuse-of-discretion attenuation civil-rights constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance plea-bargaining police-conduct post-conviction-relief |
Whether police custodial interrogation on less than probable cause for arrest held violative of 18 U.S.C. §§ 241-242 and Petitioner's 4th Amendment ri… |
| 19-7044 |
Darmarcus Fisher v. United States |
Fifth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
aggravated-assault appeal appellate-review criminal-procedure criminal-sentencing district-court due-process fifth-circuit procedural-reasonableness sentencing sentencing-enhancement sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the district court imposed a substantively unreasonable sentence and erred by imposing a 4-level enhancement for aggravated assault |
| 19-6972 |
Tarsis Guillermo Sanchez-Mora v. United States |
First Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
circuit-court-split circuit-split criminal-procedure federal-procedure jury-instruction jury-instructions miscarriage-of-justice plain-error rico-conspiracy statutory-interpretation |
Should this Court grant certiorari to correct a miscarriage of justice and provide needed clarification of the RICO law? |
| 19-7008 |
Abraham Hernandez-Zavala v. United States |
Ninth Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
coram-nobis Criminal-Conviction criminal-procedure custody custody-status deportation deportation-supervised-release due-process Habeas-Corpus immigration immigration-law supervised-release writ-of-error-coram-nobis |
Whether deportation automatically ends an immigrant's imposed supervised release? |
| 19-7011 |
Carl Golden v. United States |
Eleventh Circuit |
2019-12-19 |
Denied |
IFP |
constitutional-rights criminal-intent criminal-procedure due-process guilty-plea intent knowledge-of-elements mens-rea plea-bargaining rehaif-v-united-states |
Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty? |
| 19-7013 |
Kenneth M. Gray v. Paul S. Kemper, Warden |
Seventh Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
civil-rights confession criminal-procedure due-process false-confession false-promises ineffective-assistance interrogation no-merit-report parent-attorney post-conviction-counsel sentencing sentencing-error waiver waiver-petition |
Whether the petitioner's constitutional rights were violated due to ineffective assistance of post-conviction counsel, false promises by detectives du… |
| 19-7018 |
Scott Ray Bishop v. United States |
Tenth Circuit |
2019-12-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process evidence expert-testimony personal-knowledge structural-error technical-element testimony |
Whether the exclusion of a defendant's testimony based on first-hand, personal knowledge of a technical element of the offense charged is structural e… |
| 19-7020 |
Nahach Garay v. United States |
Ninth Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
4th-amendment affidavit criminal-procedure fourth-amendment inventory-search law-enforcement probable-cause search-and-seizure training-and-experience warrant warrantless-search |
Whether a purported inventory search that produces no inventory can justify the warrantless search of an automobile |
| 19-7021 |
Otis Hunter and Deshawn Evans v. United States |
Seventh Circuit |
2019-12-19 |
Denied |
IFP |
bias confrontation-clause criminal-procedure cross-examination jury-instructions jury-nullification mandatory-minimum nullification sentencing sixth-amendment witness-cooperation |
Whether the Sixth Amendment Confrontation Clause is violated |
| 19-7022 |
Jesus D. Cruz v. United States |
Sixth Circuit |
2019-12-19 |
Denied |
IFP |
4th-amendment constitutional-violation criminal-procedure criminal-sentencing due-process fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehaif-v-united-states search-and-seizure search-warrant sentencing toxicology-report |
Whether Counsel was ineffective for not showing the Petitioner and or verifying to the Petitioner, that the officers never producted a valid search wa… |
| 19-7024 |
Germira Lamar Carter v. Michigan |
Michigan |
2019-12-19 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-conviction criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-test |
Where the state courts of Michigan has convicted a criminal defendant in violation of his Sixth Amendment right to effective assistance of counsel, is… |
| 19-786 |
Willie Kipyego Butia v. Virginia |
Virginia |
2019-12-19 |
Denied |
Response Waived |
constitutional-law constitutional-rights criminal-law criminal-procedure due-process fair-trial judicial-discretion jury jury-instructions statutory-interpretation |
Is due process violated where the trial judge instructs the jury using words not found in the statute and in such a way that clearly expands the statu… |
| 19-776 |
James Wesley Amonett, Jr. v. Virginia |
Virginia |
2019-12-18 |
Denied |
Response Waived |
contract-enforcement contract-law criminal-procedure criminal-procedure-contract-enforcement due-process jury-trial law-enforcement plea-bargaining police-authority police-promises right-to-jury-trial sixth-amendment |
Whether the police can promise someone who they have arrested a specific benefit in exchange for the arrestee's cooperation and whether that contract … |
| 19-6969 |
Leviticus A. Swift v. Georgia |
Georgia |
2019-12-18 |
Denied |
IFP |
4th-amendment arrest-warrant civil-rights constitutional-rights criminal-procedure criminal-trial due-process exclusionary-rule fourth-amendment indictment probable-cause search-and-seizure |
Whether the probable cause for the issuance of an arrest warrant was insufficient to justify the petitioner's arrest? |
| 19-6978 |
Isaac Naranjo v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2019-12-18 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurists-of-reason merits notice-of-charges post-conviction-review procedural-default |
Whether to make a substantial showing of the denial of a constitutional right a habeas applicant for a C.O.A. need not show that he will prevail on th… |
| 19-6990 |
King Bush v. Kannika Say |
Michigan |
2019-12-18 |
Denied |
IFP |
benefits civil-rights confidential-informant criminal-procedure due-process false-documents fourth-amendment fraud green-card immigration immigration-fraud law-enforcement marriage money-laundering probable-cause search-and-seizure |
Whether the marriage based on immigration fraud should be voided |
| 19-6995 |
Richard Alan King v. United States |
Ninth Circuit |
2019-12-18 |
Denied |
Response WaivedIFP |
actual-innocence certificate-of-appealability civil-procedure criminal-procedure due-process faretta-v-california fundamental-miscarriage-of-justice magistrate pro-se-pleading procedural-default remand reversal standard-of-review standing supreme-court-precedent |
Was the presiding magistrate's analysis so flawed as to warrant this court to reverse and remand so that a correct legal standard may be applied? |
| 19-7001 |
Haji Bagcho, aka Haji Bagh Chagul, aka Haji Bagchagul v. United States |
District of Columbia |
2019-12-18 |
Denied |
IFP |
acquittal criminal-procedure due-process fifth-amendment jury-selection jury-selection-and-service-act racial-bias racial-discrimination sixth-amendment |
Whether a criminal defendant can be denied time to inspect jury records where the jury office's policy prohibited earlier observation of the venire or… |
| 19-7004 |
Mario Torres v. Shawn Hatton, Warden |
Ninth Circuit |
2019-12-18 |
Denied |
Response WaivedIFP |
blanket-policy brady-violations criminal-defendant-rights criminal-procedure discovery due-process evidence-withholding exculpatory-evidence federal-law ineffective-assistance plea-agreement policy right-to-counsel unreasonable-application |
Whether Contra.Costa County California's blanket policy of depriving a criminal defendant the facts and the evidence (exculpatory or otherwise), surro… |
| 19-6949 |
James R. Royal v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2019-12-17 |
Denied |
Response WaivedIFP |
collateral-review constitutional-law criminal-procedure due-process mccoy-v-louisiana retroactivity sixth-amendment watershed-rule |
Is McCoy v. Louisiana, 138 S.Ct.1500(2018) a watershed rule of criminal procedure which must be applied retroactively on collateral review? |
| 19-6950 |
Christopher Brian Rogers v. Tammatha Soss, Acting Warden |
Ninth Circuit |
2019-12-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default prosecutorial-misconduct |
Whether the prosecutor's statements shifting the burden of proof to the defendant during closing arguments constituted prejudicial misconduct under Da… |
| 19-6961 |
Hernan Navarro v. United States |
Third Circuit |
2019-12-17 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights district-court due-process equitable-relief evidence evidentiary-proceedings intellectual-predicate judicial-review precedent precedent-analysis standing statutory-interpretation |
Did the District court of The Virgin Islands contravene Binding precedents, holdings of Haein and Controlling Statutory Provisions, when they failed t… |
| 19-6963 |
Roland A. Prenatt v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-12-17 |
Denied |
Relisted (2)IFP |
6th-amendment attorney-accountability civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment mental-health probable-cause search-and-seizure sixth-amendment-speedy-trial,due-process,right-to- speedy-trial |
Whether the Sixth Amendment of the U.S. Constitution guarantees the accused the right to a speedy trial, and why the judge and attorney can waive this… |
| 19-6964 |
David Russell Posey v. Scott Middlebrooks, Warden, et al. |
Eleventh Circuit |
2019-12-17 |
Denied |
Response WaivedIFP |
brady-violation civil-procedure civil-rights constitutional-challenge criminal-procedure due-process evidence-sufficiency ineffective-assistance-of-counsel kidnapping-statute standing trial-rights |
Issue being raised |
| 19-6975 |
Jason Lee Bennett v. United States |
Fifth Circuit |
2019-12-17 |
Denied |
Response WaivedIFP |
18-usc-2251 constitutional-rights criminal-law criminal-procedure due-process fifth-amendment sexually-explicit-conduct statutory-interpretation substantive-due-process |
Whether the District Court denied the Petitioner's constitutional right to a substantive due process under the Fifth Amendment by the lower court's co… |
| 19-6977 |
Samuel T. Pitts v. Florida |
Florida |
2019-12-17 |
Denied |
Response WaivedIFP |
adult-victims character-evidence constitutional-rights due-process equal-protection propensity-evidence sexual-battery sexual-offenses |
Whether constitutional equal protection and due process principles require that a defendant charged with a sexual offense on an adult alleged victim b… |
| 19-780 |
Willie Newton v. United States |
Seventh Circuit |
2019-12-17 |
Denied |
Response Waived |
criminal-procedure custis-v-united-states drug-offense due-process federal-sentencing habeas-corpus johnson-v-united-states post-conviction-relief prior-conviction proposition-47 sentence-enhancement sentencing state-law state-sentencing |
Under what circumstances is successful post-conviction litigation a 'successful attack' on a prior state sentence? |
| 19-772 |
Albert Diaz v. United States |
Fifth Circuit |
2019-12-16 |
Denied |
Response Waived |
criminal-investigation criminal-procedure due-process formal-charges grand-jury pre-indictment prosecutorial-discretion right-to-counsel sixth-amendment target target-designation |
Whether the Sixth Amendment right to counsel attaches before formal charges are filed |
| 19-6945 |
Kevin Dameron v. Illinois |
Illinois |
2019-12-16 |
Denied |
Response WaivedIFP |
case-law civil-rights criminal-procedure due-process evidence eyewitness-identification judicial-review legal-error neil-v-biggers standing state-court-interpretation state-court-review supreme-court-precedent |
Whether the Illinois state court erred in its application of well-established United States Supreme Court precedent declared in Neil v. Biggers, 409 U… |
| 19-6947 |
Reinaldo Rodriguez-Martinez v. United States |
First Circuit |
2019-12-16 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-procedure due-process jackson-v-virginia jury-instructions rico rico-conspiracy-statute rico-enterprise sufficiency-of-evidence united-states-v-turkette |
Whether a jury instruction that directs the jury that it does not need to find an existing de facto 'enterprise' in a RICO conspiracy case is proper |
| 19-6948 |
Michael Eugene Spry v. United States |
Fourth Circuit |
2019-12-16 |
Denied |
Response WaivedIFP |
18-USC-3553 criminal-procedure double-jeopardy due-process federal-courts federal-jurisdiction federal-sentencing sentencing sentencing-guidelines sentencing-reasonableness supervised-release |
Whether the appellant Michael Eugene Spry's sentence was unreasonable as it was greater than necessary and as such, fails to comply with Title 18, Uni… |
| 19-6953 |
Donovan G. Davis, Jr. v. United States |
Eleventh Circuit |
2019-12-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-proceeding critical-stage direct-appeal new-trial new-trial-motion right-to-counsel sentencing sentencing-guidelines sentencing-procedure |
Question not identified |
| 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 |
| 19-6922 |
Charles Edward Bates v. United States |
Sixth Circuit |
2019-12-13 |
Denied |
IFP |
8th-amendment civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process eighth-amendment excessive-fines excessive-punishment forfeiture sentencing |
Whether the lower courts erred in their interpretation of the Eighth Amendment prohibition on excessive fines and punishments as the forfeiture amount… |
| 19-6932 |
Dustin Larmon McDonald v. United States |
Fifth Circuit |
2019-12-13 |
Dismissed |
Response RequestedResponse WaivedIFP |
appellate-review certiorari criminal-procedure district-court due-process fifth-circuit leniency-arguments preservation-of-error procedural-objection reasonableness sentencing-procedure sentencing-reasonableness united-states-v-haymond |
Must challenges to the procedural reasonableness of a sentence be preserved by a separate 'reasonableness' objection in district court? |
| 19-6935 |
Rickie James King v. United States |
Fifth Circuit |
2019-12-13 |
Denied |
Response WaivedIFP |
appellate-review certiorari criminal-procedure district-court due-process fifth-circuit leniency-arguments preservation-of-error procedural-reasonableness reasonableness remand sentencing sentencing-procedure united-states-v-haymond |
whether-challenges-to-procedural-reasonableness-of-sentence-must-be-preserved |
| 19-6942 |
Savon Germain Carter v. United States |
Tenth Circuit |
2019-12-13 |
Denied |
IFP |
buyer-seller-rule circuit-split criminal-law criminal-procedure drug-conspiracy due-process end-user jury-instruction jury-instructions methamphetamine-distribution |
Whether the buyer-seller rule applies to all participants in a drug conspiracy, not just end-users |
| 19-6911 |
Father v. Texas Department of Family and Protective Services |
Texas |
2019-12-12 |
Denied |
IFP |
14th-amendment appeal appellate-review burden-of-proof due-process evidence evidence-standard fourteenth-amendment texas-constitution |
Does Article V, Section 6 of the Texas Constitution violate Due Process Clause of the Fourteenth Amendment of the U.S. Constitution when its distincti… |
| 19-6912 |
David Abara v. Jack Palmer, Warden, et al. |
Ninth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
appeal competency competency-exam criminal-procedure faretta-canvass irreconcilable-conflict right-to-counsel self-representation sixth-amendment trial-court |
Whether a trial court violates the Sixth Amendment right to counsel by forcing a defendant into self-representation when the defendant and his appoint… |
| 19-6913 |
Neal Benjamin v. Jennifer Saad, Warden |
Fourth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
appellate-review booker-error constitutional-procedure criminal-procedure due-process harmless-error judicial-review lower-court-error sentencing sixth-amendment standard-of-review |
Does the Petitioner have a Sixth Amendment Booker error? |
| 19-6920 |
Courtney Omar Boyd v. United States |
Fourth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-law constitutional-rights criminal-procedure due-process first-step-act judicial-discretion motion-denial sentencing statutory-interpretation |
Whether the lower court abused its discretion and violated Mr. Boyd's constitutional due process rights when it denied Boyd's First Step Act motion? |
| 19-6921 |
Brian H. Jones, Sr. v. United States |
Ninth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-vagueness criminal-procedure double-jeopardy due-process inherent-power legal-definition prosecution-standards same-transaction sovereignty sovereignty-doctrine tribal-sovereignty vagueness |
Is the legal definition of the term 'same transaction' unconstitutionally vague? |
| 19-6924 |
William D. Thomas v. Mark McCullick, Warden |
Sixth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
bail civil-procedure confrontation confrontation-clause criminal-procedure due-process eyewitness-identification identification indictment officer-activity police-conduct preliminary-hearing warrant-inquiry whether a state's failure to meet the reciprocal r |
Whether an identification resulting from a show-up confrontation during a preliminary hearing raised by prior police activity is sufficient to warrant… |
| 19-6926 |
Roger William Campbell, II, aka Roger William Campbell v. United States |
Ninth Circuit |
2019-12-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
concurrent-sentences consecutive-sentences criminal-procedure federal-sentencing revocation sentence-revocation sentencing-guidelines supervised-release united-states-sentencing-commission |
Is the 'stacking' of multiple consecutive sentences, upon revocation of multiple concurrent terms of supervised release, consistent with the United St… |
| 19-6927 |
Tony Egbuna Ford v. Texas |
Texas |
2019-12-12 |
Denied |
IFP |
arbitrary-state-action criminal-procedure death-penalty due-process fourteenth-amendment habeas-corpus merits-consideration state-action state-created-right state-created-rights statutory-criteria subsequent-application subsequent-habeas-application |
Whether the Texas Court of Criminal Appeals' unexplained dismissal of claims raised in a subsequent application for writ of habeas corpus violated the… |
| 19-6928 |
Lee Dale Lofton, Jr. v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2019-12-12 |
Denied |
Response WaivedRelisted (2)IFP |
appeals civil-rights constitutional-violations criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-error sixth-amendment standing |
Whether the petitioner was denied effective assistance of counsel and due process under the Sixth and Fourteenth Amendments when the district court fa… |
| 19-749 |
William S. Ritter v. John R. Tuttle, Warden, et al. |
Third Circuit |
2019-12-12 |
Denied |
Response Waived |
appellate-procedure constitutional-interpretation criminal-procedure due-process full-faith-and-credit interstate-judicial-recognition new-york pennsylvania res-judicata sealed-documents |
Does the Full Faith and Credit Clause of the United States Constitution (Article IV, Section 1) attach to an order of a New York Appellate Court that … |
| 19-742 |
James Bailey-Snyder v. United States |
Third Circuit |
2019-12-11 |
Denied |
Amici (3)Response Waived |
arrest-definition civil-rights criminal-investigation criminal-procedure due-process liberty-restriction prisoner-rights prosecutorial-discretion solitary-confinement speedy-trial wilkinson-v-austin |
Does imposing solitary confinement on a prisoner while police and prosecutors investigate and consider new criminal charges amount to an 'arrest' givi… |
| 19-746 |
Oliver Ray Carbutt v. Colorado |
Colorado |
2019-12-11 |
Denied |
Response Waived |
criminal-procedure due-process fourteenth-amendment guilty-plea plea-bargaining presentence-investigation self-incrimination sentencing sex-offense sex-offenses |
When a court is required to advise a defendant of the privilege against self-incrimination during a presentence investigation for a sex offense? |
| 19-6905 |
John Alan Conroy v. Cliff Harris, Sheriff, Pecos County, Texas, et al. |
Texas |
2019-12-11 |
Denied |
Response WaivedIFP |
appellate-court-consideration-of-evidence appointment-of-counsel brady-v-maryland brady-violation continuing-duty-of-federal-government criminal-procedure discovery discovery-rules dismissal-with-prejudice due-process evidence-withholding federal-rules-of-criminal-procedure in-camera-review michael-morton-act plea-agreement plea-bargaining rule-16-federal-rules-of-criminal-procedure state-law-enforcement state-law-enforcement-compliance |
Whether the withholding of recorded statements by the government violates due process and Brady v. Maryland |
| 19-6906 |
Datanya Damon Alexander v. United States |
Fifth Circuit |
2019-12-11 |
Denied |
IFP |
constitutional-law criminal-procedure due-process fifth-circuit-review indictment jury-determination jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement |
Whether this Court should hold the instant petition in light of Shular v. United States |
| 19-6907 |
Robert Hendricks v. United States |
Second Circuit |
2019-12-11 |
Denied |
Response WaivedIFP |
constitutional-error constitutional-rights criminal-procedure criminal-procedure-error criminal-trial due-process equal-protection evidence evidence-admission harmless-error racial-bias structural-error |
Isn't the erroneous admission of racially charged prejudicial evidence a structural error requiring automatic reversal or, at a minimum, one that requ… |
| 19-6909 |
Efrain J. Rosa v. R. L. Rhodes, Warden |
Ninth Circuit |
2019-12-11 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland brady-violation conviction-reversal criminal-justice criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fifth-amendment government-misconduct prosecutorial-misconduct |
Has the government's suppression of exculpatory evidence violated due process under the Fifth Amendment? |
| 19-6915 |
Andrew Lee Thompson, II v. United States |
Fourth Circuit |
2019-12-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process ex-post-facto plea-agreement plea-bargaining sentencing |
Whether the United States breached its Plea Agreement and failed to abide by the defendant's sentence and suffering process |
| 19-6896 |
Jeffrey Antonio v. United States |
Tenth Circuit |
2019-12-10 |
Denied |
Response WaivedIFP |
congressional-action criminal-jurisdiction criminal-procedure due-process federal-criminal-jurisdiction federal-jurisdiction jurisdictional-element jury-determination land-claims preliminary-finding pueblo-lands pueblo-lands-act statutory-interpretation sufficiency-of-the-evidence |
Whether the federal criminal jurisdiction over the Pueblo of Sandia lands was terminated by the 2005 Pueblo Lands Act Amendment |
| 19-6898 |
Demicko Billie Thomas v. Maggie Miller-Stout, Warden, et al. |
Ninth Circuit |
2019-12-10 |
Denied |
Response WaivedIFP |
appellate-jurisdiction burden-of-proof criminal-procedure due-process fourteenth-amendment musacchio-precedent musacchio-v-united-states ninth-circuit reasonable-doubt supreme-court-review washington-state-supreme-court |
Whether the Fourteenth Amendment requires each and every element of a charged offense to be proven beyond a reasonable doubt |
| 19-6899 |
Jose Luis Meza-Lopez v. United States |
Eighth Circuit |
2019-12-10 |
Denied |
Response WaivedIFP |
concealment constitutional-rights criminal-law criminal-procedure cuellar-v-united-states due-process guilty-plea ineffective-assistance-of-counsel ineffective-counsel money-laundering transportation |
Does the Court's holding in Cuellar v. United States require more than a finding of concealing something for transportation to show money laundering? |
| 19-6901 |
Alonso Barrera-Montes v. United States |
Eleventh Circuit |
2019-12-10 |
Denied |
IFP |
appellate-review confrontation-clause criminal-procedure department-of-state due-process evidence evidence-admission hearsay hearsay-rule jurisdiction jury-trial |
Whether the court of appeals erred in upholding the admission of evidence that violated the hearsay rule and the defendant's confrontation rights |
| 19-6876 |
Mauricio Aguirre, aka Mauricio Aguirre-Orcutt, aka Peter Holston-Aguirre, aka Peter Holston, aka Miller Aguirre v. United States |
Fifth Circuit |
2019-12-09 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure due-process fifth-amendment indictment jury-trial sentencing sentencing-modification sixth-amendment supervised-release |
Whether a federal defendant may suffer additional imprisonment on the basis of facts that have never been placed in an indictment, nor proven to a jur… |
| 19-6877 |
Christopher Rudolph Brown v. Florida |
Florida |
2019-12-09 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
appellate-review civil-procedure civil-rights constitutional-error criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief res-judicata standing trial-counsel |
Whether the essential principles of res judicata were departed from by the lower courts in allowing the prosecution to relitigate issues that were pre… |
| 19-6885 |
Antonio Escobar v. United States |
Fifth Circuit |
2019-12-09 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-law criminal-procedure drug-offenses drug-statute due-process flores-figueroa-v-united-states fourth-amendment mens-rea statutory-interpretation traffic-stop |
Whether the mens rea requirement in 21 U.S.C. § 841(a) applies to drug type and quantity |
| 19-6887 |
In Re Brad K. Edmonds |
|
2019-12-09 |
Denied |
Relisted (2)IFP |
4th-amendment 4th-circuit carpenter-v-united-states civil-rights criminal-procedure due-process fourth-amendment gps-tracking probable-cause retroactivity search search-and-seizure suppression warrantless-search |
Whether the Fourth Amendment prohibits warrantless GPS tracking of a vehicle, and whether the retroactive application of the Supreme Court's decision … |
| 19-723 |
Oliver Lee White v. United States |
Fourth Circuit |
2019-12-09 |
Denied |
Relisted (2) |
civil-commitment criminal-procedure due-process fifth-amendment incompetence incompetency liberty-interest sexually-dangerous sexually-violent-conduct |
Whether the Fifth Amendment's Due Process Clause forbids the civil-commitment trial of an incompetent person whose prior conduct is disputed |
| 19-719 |
Dami Hospitality, LLC v. Colorado Department of Labor and Employment, Division of Workers' Compensation |
Colorado |
2019-12-06 |
Denied |
|
ability-to-pay civil-rights constitutional-law criminal-fines criminal-procedure criminal-sentencing due-process eighth-amendment excessive-fines excessive-fines-clause proportionality sentencing |
Whether an offender's ability to pay is relevant in determining whether a fine is unconstitutional under the Excessive Fines Clause of the Eighth Amen… |
| 19-720 |
United States v. Riley Briones, Jr. |
Ninth Circuit |
2019-12-06 |
GVR |
Relisted (2) |
constitutional-law criminal-procedure discretionary-sentencing due-process eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment life-without-parole parole sentencing sentencing-discretion |
Whether Miller v. Alabama entitles respondent to invalidation of a discretionary life-without-parole sentence |
| 19-6880 |
Gregory Bartunek v. United States |
Eighth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
collateral-relief constitutional-rights criminal-procedure due-process exceptional-circumstances habeas-corpus prejudice prejudice-standard speedy-trial |
Is an affirmative demonstration of prejudice to the accused's ability to defend himself essential to prove the denial of his right to a speedy trial? |
| 19-6881 |
April Torres v. United States |
Fifth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion parole probation reasonableness revocation sentencing supervised-release |
Did the district court impose a plainly unreasonable revocation sentence upon Ms. Torres? |
| 19-6882 |
Zackary Ikaika Bryton Thompson v. United States |
Fifth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference due-process judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-6845 |
David Steward v. Pennsylvania |
Pennsylvania |
2019-12-05 |
Denied |
IFP |
collateral-review constitutional-right constitutional-rights criminal-procedure due-process mccoy-v-louisiana retroactivity sixth-amendment substantive-decision supreme-court-precedent |
Whether the newly established constitutional right announced in McCoy v. Louisiana, 138 S.Ct. 1500(2018), created a substantive decision that applies … |
| 19-6846 |
James W. Riley v. Dana Metzger, Warden, et al. |
Third Circuit |
2019-12-05 |
Denied |
Response WaivedRelisted (2)IFP |
appeal-as-of-right constitutional-interpretation criminal-procedure due-process effective-assistance-of-counsel habeas-corpus judicial-review legal-precedent right-to-counsel sixth-amendment standing state-court statutory-analysis third-circuit-court |
Whether the Sixth Amendment right to effective assistance of counsel applies to a defendant's first appeal as of right |
| 19-6856 |
James W. Riley v. Delaware |
Delaware |
2019-12-05 |
Denied |
Response WaivedRelisted (2)IFP |
capital-punishment conflict-of-interest constitutional-rights criminal-procedure due-process evidentiary-considerations fair-trial ineffective-assistance-of-counsel judicial-misconduct judicial-review right-to-counsel right-to-fair-trial sentencing sentencing-discretion |
Should Abns courct extend Ts Hucsh wv. Florida cubug |
| 19-6861 |
Tony L. Henderson v. Arkansas |
Arkansas |
2019-12-05 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-amendment criminal-procedure criminal-trial due-process equal-protection jury-selection race-conscious venire |
Does a discretionary, race-conscious selection process for the venire called in a particular criminal trial violate the 6th and 14th Amendments to the… |
| 19-6864 |
Cedis R. Martin v. United States |
Sixth Circuit |
2019-12-05 |
Denied |
Response WaivedIFP |
categorical-approach categorical-review crime-of-violence criminal-procedure due-process offense-of-violence sentencing-guidelines sentencing-predicate state-court-conviction statutory-interpretation u.s.s.g.-§4a1.1(e) vagueness vagueness-analysis vagueness-doctrine |
Does a state court conviction qualify as an 'offense of violence' for sentencing purposes if the state offense can be committed without physical harm? |
| 19-6869 |
Michael Anthony Jefferson v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2019-12-05 |
Denied |
Relisted (2)IFP |
barker-v-wingo blackledge-v-perry civil-rights constitutional-rights criminal-procedure due-process motion-to-suppress prosecutorial-misconduct prosecutorial-vindictiveness speedy-trial vindictiveness |
Do prosecutors create the appearance and presumption of vindictiveness requiring dismissal of a case and violate the rule in Blackledge v. Perry |
| 19-714 |
Pennsylvania v.William R. Landis, Jr. |
Pennsylvania |
2019-12-05 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
blueford-v-arkansas criminal-procedure diminished-capacity double-jeopardy double-jeopardy-clause lesser-included-offense mens-rea murder murder-charges poland-v-arizona precedent retrial |
Did the Superior Court of Pennsylvania err in finding that the reinstatement of Murder in the Third Degree upon the award of a new trial violated the … |
| 19-6823 |
Michael Dean Gonzales v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-04 |
Denied |
Relisted (2)IFP |
brain-dysfunction certificate-of-appealability competency-to-stand-trial criminal-procedure drope-v-missouri due-process habeas-corpus mental-competency mental-illness pate-v-robinson procedural-bar state-waiver |
Whether the Texas Court of Criminal Appeals's waiver bar is an independent and adequate state procedural ground that forecloses federal habeas review |
| 19-6825 |
Jorge Guerrero v. United States |
Ninth Circuit |
2019-12-04 |
Denied |
IFP |
appellate-review criminal-procedure federal-rules federal-rules-of-criminal-procedure good-cause plain-error pretrial-motions rule-12 rule-52 suppression-motion |
Whether Rule 12's good-cause standard displaces the plain-error standard in Federal Rule of Criminal Procedure 52(b) |
| 19-6834 |
Lee Hope v. United States |
Sixth Circuit |
2019-12-04 |
Denied |
Response WaivedIFP |
18-usc-922g3 constitutional-vagueness controlled-substance criminal-procedure criminal-procedure-due-process-rehaif-v-united-sta due-process federal-statute judgment-of-acquittal rehaif-v-united-states unlawful-user vagueness |
Whether the Circuit Court of Appeals erred in holding that defendant's motion for judgment of acquittal was properly denied by the District Court |
| 19-6836 |
Therian Wimbush v. Willie Sue Mickens, Warden |
Georgia |
2019-12-04 |
Dismissed |
Response WaivedRelisted (2)IFP |
appeal civil-rights court-appeal-procedure criminal-procedure due-process habeas-corpus judicial-review jurisdiction jurisdictional-challenge speedy-trial standing |
Can the challenge of a void judgment of conviction be premature? |
| 19-6837 |
Anzara Brown v. Dana Metzger, Warden, et al. |
Third Circuit |
2019-12-04 |
Denied |
Response WaivedIFP |
brady-v-maryland chain-of-custody civil-rights confidential-informant constitutional-rights criminal-procedure due-process evidence-disclosure exculpatory-evidence forensic-evidence medical-examiners witness-testimony |
Whether the state of Delaware can withhold exculpatory evidence relating to the state's office of medical examiners officials, denying true evidence f… |
| 19-6841 |
Adam Scott v. United States |
Third Circuit |
2019-12-04 |
Denied |
Response WaivedIFP |
criminal-procedure delayed-sealing evidence-suppression exclusionary-rule fourth-amendment sealing statutory-compliance suppression surveillance-law title-iii title-iii-intercept unforeseen-emergency wiretap wiretap-procedure wiretap-suppression |
Should a wiretap that was not sealed until 30 days after interception ended, and 21 days after the order expired, be suppressed where that delay was n… |
| 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… |
| 19-6854 |
In Re Alexander Palomarez |
|
2019-12-04 |
Denied |
Response WaivedIFP |
access-to-courts civil-procedure civil-rights coercive-interrogation constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus miranda-rights prisoner-rights standing state-court-review suppression-of-evidence |
Whether the 'prison mailbox rule' announced in Houston v. Lack, 487 U.S. 266, 101 L. Ed. 2d 245, 108 S. Ct. 2379 (1988) should be applied to this case… |
| 19-6858 |
David Lamont Liddell v. United States |
Fifth Circuit |
2019-12-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aggravated-assault armed-career-criminal-act armed-robbery constitutional-law criminal-procedure johnson-precedent johnson-v-united-states mississippi-state-law prior-conviction resentencing section-2255 sentencing statutory-interpretation violent-felony |
Whether Mr. Liddell should be resentenced without applying the armed career criminal provisions of the Armed Career Criminal Act |
| 19-6859 |
Michael A. Green v. United States |
Eighth Circuit |
2019-12-04 |
Denied |
Response WaivedIFP |
4th-amendment abandoned-vehicle community-caretaking criminal-procedure fourth-amendment inventory-search investigatory-motive law-enforcement-motive pretext search-and-seizure tow-policy vehicle-impoundment vehicle-search |
Whether an officer with a motive to search for incriminating evidence may impound a vehicle and inventory its contents in contravention of the standar… |
| 19-6797 |
Hal Mark Kreitman v. United States |
Eleventh Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
business-expenses business-services criminal-activity criminal-liability criminal-offense criminal-procedure employee-liability employee-services employment federal-jurisdiction legal-culpability money-laundering payment-structure |
Does an employee's facilitation of a criminal offense, by providing services to a business engaged in criminal activity, make the employee guilty not … |
| 19-6798 |
Corey Eugene Gill v. United States |
Ninth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure habeas-corpus mathis-v-united-states retroactivity sentencing statutory-interpretation |
Whether the lower courts erred in holding that the decision of this Honorable Court in Mathis v. United States, 136 S.Ct. 2243 (2016), could not be li… |
| 19-6799 |
Aamir A. Hafiz-Thompson v. United States |
Eighth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
acca appeal certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel precedent sentencing supreme-court-precedent |
Whether counsel's admitted inaccuracy, misinformation, and failure to make specific inquiry regarding the petitioner's prior predicates (ACCA) conflic… |
| 19-6801 |
Marcos Palomar v. Raymond Madden, Warden |
Ninth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure custodial-interrogation due-process fifth-amendment miranda-rights police-advisement police-interrogation right-to-counsel sixth-amendment |
Whether a Miranda v. Arizona 384 U.S. 436 (1966) rights advisal is invalid if police indicate the right to appointed counsel prior to questioning is d… |
| 19-6802 |
Gary Jackson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
appeal civil-rights constitutional-rights criminal-procedure due-process identification identification-process judicial-circuit jurisdiction precedent sentencing standing supreme-court supreme-court-precedent |
Did the state courts and federal courts err in determining that the identification process violated Supreme Court precedent? |
| 19-6805 |
Hajes Rabaia v. Gubir Grewal, Attorney General of New Jersey, et al. |
Third Circuit |
2019-12-03 |
Denied |
IFP |
brady-disclosure brady-v-maryland constitutional-amendments criminal-procedure due-process evidence fourteenth-amendment judicial-review sixth-amendment supreme-court-precedent |
Does the holding of Brady v. Maryland apply to the petitioner? |
| 19-6806 |
Anthony J. Stokes v. Florida |
Florida |
2019-12-03 |
Denied |
Response WaivedIFP |
appeal civil-rights constitutional-review criminal-procedure criminal-prosecution double-jeopardy due-process felony jurisdictional-conflict military-law predicate-felony sentencing sentencing-guidelines statutory-interpretation trial-modification |
Whether the underlying felony is part of the crime charged to create a predicate felony that charge, cannot stand |
| 19-6809 |
Jason Michael Strubberg v. United States |
Eighth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process entrapment jury-instructions sentencing sixth-amendment undercover-operations |
Whether the Sixth Amendment and Due Process Clause allow a court to instruct the jury, over objection, that 'Undercover agents may properly make use o… |
| 19-6814 |
Issac Efren Jimenez v. California |
California |
2019-12-03 |
Denied |
IFP |
attorney-client-privilege attorney-ethics attorney-representation conflict-of-interest criminal-law criminal-procedure ethics former-client legal-ethics leniency prosecutorial-discretion witness-testimony |
Whether an attorney in a criminal case may subsequently represent a client who seeks leniency in exchange for testimony in a pending case against that… |
| 19-6818 |
John D. Ward v. United States |
Tenth Circuit |
2019-12-03 |
Denied |
IFP |
criminal-law criminal-procedure due-process johnson-rule johnson-v-united-states residual-clause retroactivity sentencing sentencing-guidelines statutory-interpretation vagueness void-for-vagueness |
Whether the new rule announced in Johnson v. United States applies to the identical residual clause in the mandatory guidelines |
| 19-6819 |
Frankie Ovies v. United States |
Ninth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
cell-phone-evidence cell-phones circuit-split criminal-procedure digital-evidence digital-forensics expert-testimony federal-rules-of-evidence forensic-technology lay-testimony |
Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the ev… |
| 19-6820 |
Rafael Leoner-Aguirre v. United States |
First Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
circuit-court civil-procedure criminal-law criminal-procedure federal-jurisdiction first-circuit jury-instructions predicate-acts racketeering rico rico-conspiracy salinas-v-united-states statutory-interpretation statutory-provisions supreme-court united-states-code |
Whether the jury must find the specific predicate acts committed under the RICO conspiracy statute |
| 19-6831 |
In Re Fredrick Wroten |
|
2019-12-03 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process fair-trial first-amendment judicial-obligation petition petition-for-redress redress unilateral-contract |
when-the-state-and-federal-appellate-courts-ignore-and-or-refuse-to-respond-to-a-denial-of-a-fair-trial-claim |
| 19-6795 |
Abraham Conde-Herrera v. United States |
Fifth Circuit |
2019-12-02 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6796 |
Valentin Castanon-Renteria v. United States |
Fifth Circuit |
2019-12-02 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6782 |
Adrienne Mallard v. Next Day Temps, et al. |
Virginia |
2019-11-29 |
Denied |
Relisted (2)IFP |
administrative-law administrative-procedure appeal appeals civil-procedure court-appeal court-orders discovery document-withholding due-process evidence evidence-disclosure judicial-review workers-compensation |
Whether the Court of Appeals of Virginia erred in requesting all documents from the Virginia Workers' Compensation Commission on the petitioner's appe… |
| 19-6741 |
Jose Joaquin Ramirez v. Jeffrey C. Bloom, et al. |
Second Circuit |
2019-11-27 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction incompetence incompetency incompetency-determination judicial-discretion mental-health section-1983 standing state-action title-42-usc-1983 |
Is a Governmental Paid - Governmental Mandated Lawyer that is forced upon an individual against will without consent acting as a Governmental Agent? |
| 19-6773 |
Edgar Ortega-Limones v. United States |
Fifth Circuit |
2019-11-27 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6774 |
Albert Allen, Jr. v. United States |
Eighth Circuit |
2019-11-27 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure criminal-procedure-appeal due-process fair-sentencing-act ineffective-assistance-of-counsel mandatory-minimum mens-rea prosecutorial-misconduct sentencing sentencing-guidelines |
Whether the Court of Appeals Erred in Denying Petitioner's Application for a Certificate of Appealability |
| 19-6776 |
William Dawson v. Bryan K. Wells |
Fourth Circuit |
2019-11-27 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-provisions criminal-procedure due-process excessive-force good-faith habeas-corpus jurisdiction police-misconduct qualified-immunity sentencing voluntary-manslaughter writ |
Whether the petitioner is entitled to a remand of the case with instructions for the district court to reduce his or her sentence to time served and o… |
| 19-6778 |
Michael Daemon Blackburn v. United States |
Tenth Circuit |
2019-11-27 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-waiver criminal-procedure custodial-interrogation due-process fifth-amendment interrogation-rights miranda-rights self-incrimination waiver |
Is a written-only advisement of Miranda rights -without time or silence to read it - a sufficient advisal allowing a knowing, intelligent and voluntar… |
| 19-6786 |
Carol Johnene Morris v. United States |
Fifth Circuit |
2019-11-27 |
Dismissed |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process government-action habeas-corpus ineffective-assistance-of-counsel judicial-review property sentencing standing takings |
Whether the U.S. Supreme Court should grant certiorari to review the U.S. Court of Appeals for the Fifth Circuit's decision affirming the district cou… |
| 19-6788 |
Eber Roblero v. Florida |
Florida |
2019-11-27 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process extradition jurisdiction standing takings |
Whether the Gallina doctrine applies to a criminal defendant who has been extradited to the United States |
| 19-6739 |
Marshon Simon v. United States |
Seventh Circuit |
2019-11-26 |
Denied |
Response WaivedIFP |
armed-career-criminal-act armed-career-criminal-act,violent-felony,elements- attempted-offense canine-search criminal-procedure Does an attempted offense meet the requirements of florida-v-harris fourth-amendment fourth-amendment-protections fourth-amendment,narcotics-detection,canine-search narcotics-detection residual-odor |
Does Florida v. Harris stand for the proposition that narcotics sniffing canines may be trained to alert to residual odor, i.e. the absence of narcoti… |
| 19-6755 |
Frederick Garcia-Cruz v. United States |
Ninth Circuit |
2019-11-26 |
Denied |
IFP |
certificate-of-appealability criminal-procedure debatable-among-jurists-of-reason due-process habeas-corpus jurists-of-reason mandatory-sentencing ninth-circuit residual-clause sentencing-guidelines vagueness void-for-vagueness |
Whether the Ninth Circuit misapplied this Court's 'debatable among jurists of reason' standard for a certificate of appealability |
| 19-6759 |
James A. Lackey v. United States |
Ninth Circuit |
2019-11-26 |
Denied |
IFP |
appellate-procedure certificate-of-appealability criminal-procedure due-process habeas-corpus judicial-deference jurists-of-reason mandatory-sentencing-guidelines ninth-circuit residual-clause sentencing sentencing-guidelines standard-of-review vagueness void-for-vagueness |
Whether the Ninth Circuit misapplied this Court's 'debatable among jurists of reason' standard for a certificate of appealability |
| 19-6760 |
Ijaz Khan v. United States |
Fourth Circuit |
2019-11-26 |
Denied |
Response WaivedIFP |
administrative-procedure-act constructive-amendment criminal-procedure double-jeopardy federal-rules-of-civil-procedure fifth-amendment indictment indictment-modification polygamy polygamy-charge |
Whether a constructive amendment occurred at trial when the court found defendant guilty of multiple marriages, a charge not on the indictment, and wh… |
| 19-6763 |
Anthony D. White v. Florida |
Florida |
2019-11-26 |
Denied |
IFP |
access-to-courts civil-rights constitutional-rights court-procedure criminal-procedure due-process hearsay judicial-misconduct judicial-obstruction open-courts pro-se-litigation prosecutorial-misconduct standing state-officials |
Whether it is constitutionally lawful to deny a pro se litigant access to the courts when obstructed by state officials |
| 19-6767 |
Douglas D. True v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2019-11-26 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights criminal-procedure due-process eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-voluntariness standard-of-review |
Whether the Eighth Circuit's summary denial of Mr. True's application for a certificate of appealability was based on an adjudication of the underlyin… |
| 19-6769 |
Steven Hicks v. United States |
Ninth Circuit |
2019-11-26 |
Denied |
IFP |
certificate-of-appealability criminal-procedure debatable-among-jurists-of-reason johnson-v-united-states jurists-of-reason mandatory-guidelines mandatory-sentencing ninth-circuit sentencing-guidelines u.s.s.g.-4b1.2(a)(2) vagueness void-for-vagueness |
Whether the Ninth Circuit misapplied this Court's 'debatable among jurists of reason' standard for a certificate of appealability |
| 19-678 |
United States, ex rel. Laurence Schneider v. JPMorgan Chase Bank, National Association, et al. |
District of Columbia |
2019-11-26 |
Denied |
|
administrative-law appeal circuit-split civil-procedure criminal-procedure due-process false-claims-act false-claims-act-fca-qui-tam-government-deference- government-dismissal habeas-corpus Ineffective-assistance-of-counsel judicial-deference qui-tam sentencing standard-of-review statutory-interpretation |
Whether the Government is entitled to absolute deference regarding its decision to dismiss an FCA action under section 3730(c)(2)(A), or whether the q… |
| 19-665 |
John Doe v. United States |
Fifth Circuit |
2019-11-25 |
Denied |
Response WaivedRelisted (2) |
18-usc-3553 18-usc-3553a criminal-procedure district-court district-court-discretion federal-rules-of-criminal-procedure rule-35 rule-35b sentence-reduction sentencing sentencing-factors substantial-assistance |
May a district court deny a government's Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence based on substantial assistance wit… |
| 19-6742 |
Jorge Prieto v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Florida |
2019-11-25 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process finality judicial-discretion jurisdiction sentencing subject-matter-jurisdiction trial-court |
Did the state trial court have jurisdiction to vacate petitioner's sentence and re-impose a life sentence, violating double jeopardy? |
| 19-6743 |
Kenneth Dewayne Nelson v. Texas |
Texas |
2019-11-25 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process jury-selection plea-change right-to-jury right-to-trial sixth-amendment texas-code-of-criminal-procedure texas-constitution trial-by-jury venire-panel |
Was Nelson entitled to a new venire panel after changing his pleas from guilty to not guilty? |
| 19-6747 |
Josue Emmanuel Martinez v. United States |
Fifth Circuit |
2019-11-25 |
Denied |
IFP |
allocution allocution-error appellate-review criminal-law criminal-procedure criminal-procedure-appeal due-process harmless-error judicial-review plain-error plain-error-review procedural-default sentencing |
Whether allocution error is subject to plain error review in the absence of objection? |
| 19-662 |
Thomas Sander v. City of Dickinson, North Dakota, et al. |
Eighth Circuit |
2019-11-22 |
Denied |
Response Waived |
civil-procedure civil-rights de-novo-review district-court due-process evidence seventh-amendment summary-judgment trial-by-jury |
Whether a civil litigant's right to trial by jury is violated when a district court ignores the non-moving party's evidence and a court of appeals sum… |
| 19-664 |
Eugene H. Williams, Jr. v. United States |
Fifth Circuit |
2019-11-22 |
Denied |
Response Waived |
28-usc-2255 actual-innocence coram-nobis criminal-conviction criminal-procedure destructive-devices firearms firearms-violations ineffective-assistance ineffective-assistance-of-counsel mens-rea statutory-interpretation writ-of-coram-nobis |
Whether Petitioner is innocent of the charges resulting from a complete miscarriage of justice |
| 19-6717 |
Jess Lee Green v. Mississippi |
Mississippi |
2019-11-22 |
Denied |
Response WaivedIFP |
constitutional-right constitutional-rights criminal-procedure due-process fundamental-rights guilty-plea plea-bargaining plea-proceedings trial trial-procedure trial-rights |
Is the right to due process of trial and/or during guilty plea process a fundamental constitutional right? |
| 19-6718 |
James Douglas Pridgen v. United States |
Ninth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
bank-robbery carjacking certificate-of-appealability crime-of-violence crimes-of-violence criminal-procedure due-process johnson-ruling johnson-v-united-states ninth-circuit section-924(c) section-924c unanimous-jury |
Whether the Ninth Circuit wrongly denied the request for a certificate of appealability |
| 19-6719 |
Mauro Castaneda Palacio v. United States |
Fifth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights criminal-procedure due-process federal-jurisdiction federal-supervised-release sentencing standing supervised-release vagueness |
Whether the U.S. 4th Circuit Court of Appeals erred in upholding the constitutionality of 18 U.S.C. § 3583(k) as applied to the petitioner |
| 19-6720 |
James Dwayne Myers v. United States |
Eighth Circuit |
2019-11-22 |
Denied |
IFP |
criminal-law criminal-procedure divisibility divisibility-analysis eighth-circuit jury-unanimity mathis-standard mathis-v-united-states sentencing-enhancement state-law statutory-interpretation |
May a court properly apply the divisibility analysis prescribed in Mathis v. United States, 136 S. Ct. 2243 (2016), without considering the question o… |
| 19-6725 |
Richard A. Wellbeloved-Stone v. United States |
Fourth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
19-usc-1509 agency-authority agency-procedure civil-procedure criminal-procedure criminal-proceeding customs-summons exclusionary-rule federal-law federal-policy ice non-customs-information |
Whether information having nothing to do with customs, obtained by an agency pursuant to a customs summons under 19 U.S.C. § 1509, should be suppresse… |
| 19-6726 |
In Re Billie Byrd |
|
2019-11-22 |
Denied |
IFP |
aedpa-filing-limitations aedpa-limitations constitutional-law criminal-procedure federal-indian-law habeas-corpus indian-treaties subject-matter-jurisdiction supremacy-clause treaties-with-indians treaty-supremacy-clause |
Whether the filing limitations AEDPA apply to claims that state courts lacked of subject-matter-jurisdiction in criminal-cases due-to-provisions in tr… |
| 19-6727 |
Tyrone Marvin Andrews v. Noah Nagy, Warden |
Sixth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
alibi-defense civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining sentencing sixth-amendment sixth-circuit-review strickland-v-washington trial-counsel |
Whether trial counsel was ineffective for failing to investigate an alibi defense at trial |
| 19-6729 |
Cedric Gray v. United States |
Eleventh Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance-of-counsel judicial-discretion legal-standard mental-competency miranda-rights procedural-error sentencing suppression-hearing trial-rights |
Can my motion to suppress be denied even after I invoked my right to remain silent? |
| 19-6730 |
Cameron A. Harinarain v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2019-11-22 |
Denied |
IFP |
administrative-law appeals civil-procedure civil-rights criminal-procedure due-process equal-protection habeas-corpus standing |
Whether the Third Circuit Court of Appeals erred in dismissing the petitioner's claims alleging violations of his constitutional rights |
| 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 |
Was Mr. Henry's trial counsel, Patrick Nyenhus, failed to provide constitutionally effective assistance of counsel? |
| 19-6737 |
Leonard L. Little, Jr. v. Florida |
Florida |
2019-11-22 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review carpenter-v-united-states constitutional-interpretation criminal-procedure due-process evidence federal-law fourth-amendment-search-and-seizure jurisdiction legal-standards privacy search-and-seizure sixth-amendment-confrontation-clause standing supreme-court-precedent |
Did the Second District Court of Appeal apply federal law issued by the United States Supreme Court in a way that frustrates and undermines its holdin… |
| 19-6638 |
Yannier Arias v. United States |
Eleventh Circuit |
2019-11-21 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel |
Whether conflicting affidavits require an evidentiary hearing for ineffective-assistance-of-counsel |
| 19-6709 |
Adam L. Acosta v. Colorado |
Colorado |
2019-11-21 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure criminal-procedure-rule-35 disclosure ineffective-assistance-of-counsel motion-for-new-trial new-trial prosecution rule-16 rule-16-disclosure rule-33 rule-33-motion-for-new-trial rule-35 |
Whether the Court of Appeals misconstrued Rule 35(c)(3)(VID, Colorado Rules of Criminal Procedure |
| 19-6712 |
Adam Scott Caward v. United States |
Ninth Circuit |
2019-11-21 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-waiver circuit-split civil-procedure criminal-procedure due-process judicial-discretion legal-interpretation miscarriage-of-justice sentencing standing |
Whether the Court should adopt the rule espoused in the First, Third, Fourth, Tenth, and D.C. Circuits, which hold that an appellate court can decline… |
| 19-6659 |
In Re Arturo Rodriguez Ornalez |
|
2019-11-20 |
Denied |
Response WaivedIFP |
constitutional-violations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations rule-11 sentencing structural-error |
Whether Constitution and statutory provisions and Rule 11 violations may have rendered Arturo Rodriguez Ornalez's sentence and conviction constitution… |
| 19-6693 |
Chris Rayvon Starks v. United States |
Sixth Circuit |
2019-11-20 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure judge-finding jury jury-decision jury-determination predicate-offense predicate-offenses prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-penalty |
Is the fact that the defendant committed three predicate offenses 'on occasions different from one another' an element of the ACCA for the jury to dec… |
| 19-6696 |
Barbara Myers-McNeil v. North Carolina |
North Carolina |
2019-11-20 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
appellate-procedure civil-rights criminal-procedure due-process equal-protection indigent-defense language-access right-to-counsel transcript |
Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint a language translator or interpreter for an indigent … |
| 19-6699 |
Andrew McWhorter v. Indiana |
Indiana |
2019-11-20 |
Denied |
Response WaivedIFP |
acquittal amended-charges charging-information criminal-procedure deadly-weapon double-jeopardy due-process fifth-amendment jury |
Whether the Double Jeopardy Clause of the Fifth Amendment barred the State of Indiana from 'retrying' Petitioner |
| 19-6703 |
Shondor Janell Arceneaux v. United States |
Ninth Circuit |
2019-11-20 |
Denied |
Response WaivedIFP |
2113(a) 924(c) aiding-abetting aiding-and-abetting bank-robbery civil-rights criminal-procedure due-process federal-jurisdiction firearm-offense generic-crime-definition generic-definition remand sentencing sentencing-enhancement statutory-interpretation |
If §924(c) applies to predicate crimes whose elements are no broader than a Federal Generic Definition of that crime, is remand required if a defendan… |
| 19-6674 |
Margarita Mora v. United States |
Fifth Circuit |
2019-11-19 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure rule-11 supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decisions of other Circuits on an important matter… |
| 19-6676 |
Christopher G. Waguespack v. United States |
Fifth Circuit |
2019-11-19 |
Denied |
Response WaivedIFP |
child-pornography computer-evidence computer-forensics confrontation-clause criminal-procedure cross-examination evidence law-enforcement sixth-amendment software-reliability |
Whether failing to call the law enforcement agent responsible for generating a computer report in the Government's case-in chief implicates the Sixth … |
| 19-6679 |
Horatio Johnson v. Louisiana |
Louisiana |
2019-11-19 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-verdict sixth-amendment state-court state-criminal-procedure |
Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a state-court crimi… |
| 19-6682 |
Zhaopeng Chen v. United States |
Ninth Circuit |
2019-11-19 |
Denied |
Response WaivedIFP |
circumstantial-evidence criminal-law criminal-procedure deliberate-ignorance due-process evidence farmer-v-brennan jury-instructions knowledge-element legal-standard mens-rea |
Whether the rule of Farmer v. Brennan should be extended to criminal cases involving the defendant's knowledge as an element of the offense and the go… |
| 19-6684 |
Rakeem Asaad Davis v. United States |
Eleventh Circuit |
2019-11-19 |
GVR |
IFP |
18-usc-922g 6th-amendment 6th-amendment-right-to-jury-trial charged-theories-of-prosecution criminal-procedure criminal-prosecution double-jeopardy due-process felon-in-possession jury-unanimity knowledge-element rehaif-v-united-states richardson-standard richardson-v-united-states sixth-amendment unanimous-jury-verdict uncharged-theories-of-prosecution |
Does the failure to require a unanimous jury verdict on either charged or uncharged theories of prosecution violate the Sixth Amendment right to a ver… |
| 19-645 |
Arizona v. Hector Sebastion Nunez-Diaz |
Arizona |
2019-11-19 |
Denied |
Amici (1) |
criminal-procedure deportation immigration immigration-law lee-v-united-states legal-prejudice padilla-claim padilla-v-kentucky prejudice strickland-standard strickland-v-washington unauthorized-alien |
Whether unauthorized aliens can establish Strickland prejudice for Padilla/Lee claims |
| 19-6655 |
Terrence Leonard Mathis v. United States |
Eleventh Circuit |
2019-11-18 |
Denied |
IFP |
certiorari criminal-procedure criminal-procedure-rights detention due-process fifth-amendment habeas-corpus interrogation rehaif-standard rehaif-v-united-states remand right-to-counsel |
Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 189 S. Ct. 2… |
| 19-6656 |
Fernando Quintela-Galindo v. United States |
Fifth Circuit |
2019-11-18 |
Denied |
Response WaivedIFP |
appellate-review chapter-7-policy chapter-7-policy-statements criminal-procedure due-process presumption-of-reasonableness revocation-sentence sentencing-guidelines |
Whether a presumption of reasonableness should be applied to a revocation sentence produced by Chapter 7 policy statements |
| 19-6662 |
Shane E. Jones v. United States |
Eighth Circuit |
2019-11-18 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment sixth-amendment-right statutory-interpretation |
Does the judicial determination of crimes 'committed on occasions different from one another' at sentencing under the Armed Career Criminal Act, 18 U.… |
| 19-6665 |
Wesley Harlan Kingsbury v. United States |
Ninth Circuit |
2019-11-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness |
Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea? |
| 19-6643 |
John Forrest v. United States |
Eighth Circuit |
2019-11-15 |
Denied |
Response WaivedIFP |
28-usc-2255 armed-career-criminal-act collateral-review constitutional-law criminal-procedure descamps-v-united-states mathis-v-united-states retroactive-precedent retroactivity sentencing sentencing-correction sentencing-review successive-motion supreme-court |
Can a successive §2255 motion under Johnson open the door and allow for collateral review of enumerated clause predicates invalidated under Descamps a… |
| 19-6644 |
Darrell Freeze v. United States |
Fifth Circuit |
2019-11-15 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment criminal-procedure due-process federal-courts federal-sentencing fifth-amendment judicial-fact-finding sentencing sixth-amendment substantive-reasonableness |
Whether the Fifth and Sixth Amendments permit judges to find the facts necessary to support an otherwise substantively unreasonable federal sentence |
| 19-6647 |
Michael J. Baxter v. United States |
Eleventh Circuit |
2019-11-15 |
Denied |
IFP |
acquitted-conduct batson-challenge batson-v-kentucky criminal-procedure due-process equal-protection jury-selection racial-discrimination reasonable-doubt sentencing-guidelines sixth-amendment united-states-v-watts |
Whether the striking of two out of three black veniremembers demonstrates a 'pattern of discrimination' as necessary to satisfy the first step of the … |
| 19-6648 |
Ralph Loren Barenz II v. Alaska |
Alaska |
2019-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
community-condemnation criminal-procedure due-process false-testimony miranda-rights prosecutorial-misconduct protective-order |
Has the petitioner been deprived of due process? |
| 19-6650 |
Fidel Rios, Jr. v. United States |
Eighth Circuit |
2019-11-15 |
Denied |
Response WaivedIFP |
18-usc-3553a 8th-circuit criminal-procedure criminal-sentencing district-court downward-variance guidelines judicial-discretion life-circumstances sentencing sentencing-factors sentencing-guidelines u-s-code |
Whether the 8th Circuit Court of Appeals and District Court for the Southern District of Iowa failed to adequately consider the sentencing factors set… |
| 19-6651 |
Shawn A. Thompson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township |
Third Circuit |
2019-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
attempted-robbery constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment standard-of-review third-degree-murder |
Did the Trial Court err in failing to provide the jury with the entirety of the Third Degree Murder instructions? |
| 19-6652 |
Douglas Akira Hirano v. United States |
Ninth Circuit |
2019-11-15 |
Denied |
IFP |
booker-decision circuit-split criminal-law criminal-procedure johnson-doctrine johnson-v-united-states sentencing-guidelines united-states-v-booker vagueness-doctrine void-for-vagueness |
Whether the void-for-vagueness doctrine and Johnson v. United States, 135 S.Ct. 2551 (2015), apply to the mandatory, pre-United States v. Booker, 543 … |
| 19-622 |
Thomas S. Bell v. Pennsylvania |
Pennsylvania |
2019-11-15 |
Denied |
Response Waived |
blood-test criminal-procedure driving-under-influence driving-under-the-influence due-process evidence evidence-of-guilt fourth-amendment implied-consent search-and-seizure warrantless-search |
Whether a motorist's assertion of his Fourth Amendment right to refuse consent to a warrantless blood test may be used as evidence of guilt for the of… |
| 19-617 |
Nekebwe Superville v. United States |
Second Circuit |
2019-11-14 |
Denied |
Response Waived |
aggravated-felony attorney-misadvice deportation Padilla-v-Kentucky plea-agreement will equivocal-warnings 28-usc-2255 criminal-procedure deportation-consequences immigration ineffective-assistance ineffective-assistance-of-counsel judicial-warning plea-agreement plea-bargaining strickland-standard strickland-v-washington |
When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a judge pursuant to Fed. R. Crim.… |
| 19-6632 |
Samier Patrick Clark v. United States |
Fifth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
adam-walsh-act civil-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-counsel prosecutorial-misconduct sentencing-guidelines |
Was petitioner subjected to violations of his Constitutional rights throughout the criminal prosecution? |
| 19-6634 |
Kathryn Woodin Markle v. United States |
Fifth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
appellate-review burden-of-production burden-of-proof criminal-procedure defendant-rights due-process evidence government-burden pre-sentence-report sentencing sentencing-guidelines sentencing-objection |
Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, … |
| 19-6637 |
Gregory Cooper v. Katy Poole, et al. |
Fourth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment civil-rights constitutional-rights counsel criminal-procedure cruel-and-unusual-punishment due-process effective-counsel judicial-discretion right-to-counsel self-incrimination sixth-amendment subject-matter-jurisdiction takings |
Whether the 5th Amendment to the U.S. Constitution provides for due process when the State compels a defendant to testify against himself by threat of… |
| 19-6641 |
Michael Anthony Clayton v. United States |
Sixth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-procedure custodial-interrogation fifth-amendment miranda-rights miranda-warning right-to-counsel self-incrimination sixth-amendment |
Must an Officer Tell a Criminal Suspect in Custody That He Has the Right to Have an Attorney Present During the Interview, in Order to Use the Suspect… |
| 19-6645 |
In Re Morgan Allen Armstrong |
|
2019-11-14 |
Denied |
IFP |
civil-rights constitutional-claims criminal-procedure due-process fabrication-of-evidence fair-trial habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment standing |
Did the state court fabricate the evidence used to convict the petitioner, violate his right to a fair trial, and deny him due process? |
| 19-6579 |
David Lee Smith v. North Carolina, et al. |
Fourth Circuit |
2019-11-13 |
Denied |
Response WaivedRelisted (2)IFP |
access-to-courts civil-procedure civil-rights copyright criminal-procedure due-process habitual-felon habitual-offenders in-forma-pauperis legal-publication punitive-law standing statutory-law |
Are pro-se petitioners entitled to Supreme Court leave to proceed as pauper in 55/983 complaint, when circuit court cited only (2) frivolous dismissal… |
| 19-6589 |
Alicia Norman, Kendra Brantley, and Deenvaughn Rowe v. United States |
District of Columbia |
2019-11-13 |
Denied |
IFP |
attorney-client-relationship criminal-procedure criminal-procedure-rule-11 due-process federal-rules judicial-interference plea-agreement plea-bargaining sentencing sentencing-guidelines standard-of-review |
Was the D.C. Circuit's affirmance of Petitioner Brantley's convictions erroneous and in conflict with other federal jurisdictions on the requirements … |
| 19-6592 |
Monir George v. Dana Metzger, Warden |
Third Circuit |
2019-11-13 |
Denied |
IFP |
appellate-procedure civil-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment |
Whether the trial court erred in denying the defendant's motion for a new trial based on the defense counsel's failure to disclose exculpatory evidenc… |
| 19-6601 |
Kevin Battle v. United States |
Fourth Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
actual-prosecution categorical-approach categorical-match circuit-split criminal-procedure federal-law federal-sentencing prior-conviction realistic-probability sentencing state-conviction state-court state-crime |
Whether a defendant must point to an actual state-court prosecution to demonstrate that a prior conviction is not a categorical match for federal sent… |
| 19-6602 |
Carey Ackies, aka Boyd v. United States |
First Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
4th-amendment cell-phone cell-phone-tracking criminal-procedure direct-review drug-offense first-step-act law-enforcement-surveillance location-tracking search-and-seizure sentencing-thresholds surveillance |
Whether a cell phone is a 'tracking device' under 18 U.S.C. § 3117(b) |
| 19-6606 |
Ryan T. Root v. United States |
Second Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure cumulative-errors double-prosecution due-process ineffective-counsel law-and-fact merger-doctrine miscarriage-of-justice money-laundering plea-agreement sentencing sentencing-guidelines standard-of-review |
Whether cumulative errors led to a miscarriage of justice |
| 19-6610 |
Mario Alberto Rubi v. United States |
Ninth Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure door-doctrine evidence expert-testimony fingerprint-evidence fingerprints open-door-doctrine open-the-door precedent standard-of-review unknowing-courier |
Whether the court of appeals erred in finding Mr. Rubi opened the door to expert testimony regarding unknowing couriers |
| 19-6614 |
Jerome Marshall v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health miranda-rights miranda-warnings post-conviction-relief procedural-default witness-credibility |
Whether the Third Circuit Court of Appeals erred by denying Petitioner's request for a certificate of appealability |
| 19-6619 |
Genesis Lee Whitted v. United States |
Fourth Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
base-offense-level criminal-procedure drug-quantity drug-weight fourth-circuit indictment relevant-conduct sentencing-guidelines sentencing-guidelines-1b1.3 time-interval |
Whether the district court improperly expanded Guideline § 1B1.3 by including drug amounts associated with conduct occurring significantly outside the… |
| 19-6620 |
John Kevin Waldrip v. United States |
Fifth Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
appeal criminal-procedure federal-law federal-sentencing-guidelines federal-statute fifth-circuit judicial-review sentencing sentencing-guidelines special-assessments statutory-interpretation supervised-release |
Whether the Fifth Circuit violated federal law when it refused to vacate the $15,000 special assessments |
| 19-6624 |
Andre D. Lee v. Louisiana |
Louisiana |
2019-11-13 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights conviction criminal-procedure due-process hearing right-to-counsel sentence state-trial-court void waiver |
Was the petitioner's right to counsel violated in the state trial court, thereby making the conviction and sentence completely void? |
| 19-611 |
Rene A. Boucher v. United States |
Sixth Circuit |
2019-11-13 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appeal below-guideline-sentence criminal-procedure double-jeopardy due-process plea-agreement plea-bargaining sentencing sentencing-appeal waiver waiver-of-rights |
Did the government waive its right to appeal the defendant's sentence? |
| 19-612 |
Hassan Abpikar v. United States |
Ninth Circuit |
2019-11-13 |
Denied |
Response Waived |
circuit-court-conflict circuit-split conflict-with-other-circuits criminal-complaint criminal-procedure due-process original-indictment sentence-increase sentencing sentencing-enhancement speedy-trial-act statutory-interpretation superseding-indictment |
Whether the 9th Circuit Court of Appeals Ruling on petitioner's claim to his Rights under the Speedy Trial Act is IN CONFLICT WITH OTHER CIRCUITS |
| 19-6570 |
Ray Jefferson Cromartie v. Bradfield Shealy, et al. |
Eleventh Circuit |
2019-11-12 |
Denied |
IFP |
42-usc-1983 civil-procedure civil-rights criminal-procedure dna-testing due-process habeas-corpus procedural-history section-1983 standing state-statute stay-of-execution |
What standards should a district court apply in determining whether to grant relief on a claim under Skinner v. Switzer? |
| 19-6575 |
Dorothy Williams Elliott v. Florida |
Florida |
2019-11-12 |
Denied |
Relisted (2)IFP |
civil-rights court-proceedings criminal-procedure due-process expungement ineffective-assistance-of-counsel legal-counsel plea-agreement plea-bargaining probation sentencing |
Whether the state court erred in denying petitioner's motion to vacate conviction and sentence, given the ineffective assistance of counsel and due pr… |
| 19-6578 |
John Garrett Smith v. Washington |
Washington |
2019-11-12 |
Denied |
Relisted (2)IFP |
civil-rights criminal-procedure due-process judicial-review jurisdiction probable-cause standing |
Whether the lower court erred in its interpretation of the relevant constitutional and statutory provisions |
| 19-6581 |
Javier Leon v. United States |
Eighth Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
constitutional-rights constructive-amendment criminal-procedure due-process fourth-amendment ineffective-assistance material-variance methamphetamine-charge search-and-seizure |
Whether counsel's failure to subject the government's case to strict adversarial testing, by reason of a fickle, bare-bones 'mere presence' theory of … |
| 19-6582 |
Roberto Carlos Martinez-Mendoza v. United States |
Fifth Circuit |
2019-11-12 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6583 |
Patrick Killen, Jr. v. United States |
Eleventh Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment eleventh-circuit graham-v-florida gross-disproportionality proportionality sentencing statutory-limits |
Whether the proper analysis to determine a threshold showing of gross disproportionality on an Eighth Amendment claim |
| 19-6587 |
Jose Joel Helguera-Del Rio v. United States |
Ninth Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
criminal-procedure evidence evidence-law fourth-amendment plain-view-doctrine probable-cause search-and-seizure traffic-stop |
Does an officer's seizure of an object only after crouching down, carefully examining it for several seconds, and obtaining another officer's second o… |
| 19-6591 |
In Re Kenneth Uncapher |
|
2019-11-12 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment appellate-review constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel jury jury-bias jury-misconduct mistrial newly-discovered-evidence victim |
Was the Petitioner denied a fair trial? |
| 19-6547 |
Kevin Sterling v. United States |
Second Circuit |
2019-11-08 |
Denied |
Response WaivedIFP |
affirmance appeal appointed-counsel cja-18-usc-3006 criminal-justice-act criminal-procedure due-process fed-r-crim-p-44 federal-rules-criminal-procedure gideon-v-wainwright inability-to-pay legal-representation right-to-counsel writ-of-certiorari |
Whether defendant should have been appointed counsel |
| 19-6560 |
Matthew Joseph Lucio v. United States |
Fifth Circuit |
2019-11-08 |
Denied |
Response WaivedIFP |
consideration contract-law criminal-procedure due-process fifth-amendment guilty-plea habeas-corpus plea-agreement united-states-court-of-appeals |
Whether Mr. Lucio's plea agreement which extracted his guilty plea lacks consideration, and if so, whether his guilty plea violates the Fifth Amendmen… |
| 19-6566 |
Alexander Kates v. New York |
New York |
2019-11-08 |
Denied |
IFP |
2nd-amendment actual-innocence civil-rights criminal-possession-of-a-weapon criminal-possession-of-weapon criminal-procedure due-process home-exception ineffective-assistance-of-counsel loaded-firearm penal-law penal-law-265.15(4) standing void-for-vagueness |
Whether New York State residents are always actually innocent of felony and attempted felony criminal possession of a weapon offenses if they possess … |
| 19-6511 |
Roberto Trinidad Del Carpio Frescas v. United States |
Fifth Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
criminal-procedure fifth-circuit mandatory-victims-restitution-act preponderance-of-evidence preponderance-of-the-evidence reliable-evidence restitution restitution-standard sentencing |
What is the meaning of 'reliable evidence' for establishing the amount of restitution under the Mandatory Victim's Restitution Act, 18 U.S.C. § 3663A? |
| 19-6522 |
William Smith v. Texas |
Texas |
2019-11-07 |
Denied |
IFP |
blood-draw constitutional-challenge criminal-procedure fourth-amendment fourth-amendment-interpretation mandatory-blood-draw missouri-v-mcneely probable-cause public-safety search-and-seizure texas-transportation-code warrantless-search |
Was the Texas Department of Public Safety Troopers' mandatory blood draw constitutional under the Fourth Amendment as interpreted by Missouri v. McNee… |
| 19-6538 |
Levi Jermaine Griffin v. United States |
Eleventh Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
burden-of-proof child-pornography criminal-indictment criminal-knowledge criminal-law criminal-procedure due-process evidence jury-instructions mens-rea possession-of-child-pornography reasonable-doubt statutory-elements |
Whether the evidence was insufficient to satisfy the government's burden to prove the element of knowledge as to the possession of child pornography c… |
| 19-6539 |
Dwayne Dumont Haizlip v. Joseph Valliere |
Fourth Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge constitutional-law criminal-procedure drug-trafficking due-process fourteenth-amendment habitual-felon-law habitual-offender mandatory-sentencing sentencing |
Whether the federal court erred in upholding the petitioner's mandatory sentence for a drug-trafficking conviction under North Carolina General Statut… |
| 19-6540 |
Howard Grant v. United States |
Fifth Circuit |
2019-11-07 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2255 appellate-procedure civil-procedure clay-v-united-states criminal-procedure extraordinary-circumstances final-judgment-rule forgery habeas-corpus indictment standing |
Is a 28 USC SEC. 2255 MOTION premature if filed less than 90 days after the appellate court enters its judgment in accordance with the holdings in Cla… |
| 19-6551 |
Neil Timothy Aho v. United States |
Eleventh Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure discovery guilty-plea ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining plea-withdrawal sentencing-guidelines withdrawal-of-plea |
Whether the appellate court erred in not finding that the district court abused its discretion by denying Petitioner's motion to withdraw his guilty p… |
| 19-6554 |
Brandon Gregory Leal v. United States |
Fifth Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
apportionment criminal-procedure judicial-procedure paroline-analysis paroline-v-united-states plain-error proximate-cause restitution victim-compensation |
Whether failure to conduct a proximate cause and apportionment analysis as required by this Court's decision in Paroline v. United States, 572 U.S. 43… |
| 19-6555 |
Courtney Johnson v. United States |
Third Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
ability-to-pay appointed-counsel criminal-procedure due-process fine-imposition fines indigent-defendant judicial-discretion sentencing statutory-interpretation |
Whether a district court errs by imposing a fine upon an indigent defendant, represented by appointed counsel, without making any inquiry into the def… |
| 19-6556 |
In Re Therian Wimbush, et vir |
|
2019-11-07 |
Denied |
IFP |
access-to-courts appeals civil-procedure civil-rights criminal-procedure due-process federal-courts habeas-corpus joint-petition judicial-review petition-denial procedural-barriers standing |
Whether co-convicted, co-tried, co-convicted and sentenced, even though the same co-defendant husband and wife, can file a joint federal 28 U.S.C. 225… |
| 19-6497 |
David Morillo-Cruz v. United States |
Third Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness sentencing sentencing-guidelines |
Whether the sentence imposed by the Court was reasonable? |
| 19-6501 |
Alvin Felicianosoto v. United States |
Eighth Circuit |
2019-11-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review autonomy constitutional-rights criminal-procedure defense-autonomy due-process ineffective-assistance ineffective-assistance-of-counsel McCoy-challenge mccoy-v-louisiana remand right-to-counsel sixth-amendment trial-counsel |
Whether the Eighth Circuit Court of Appeals erred on direct review in failing to remand the case to the district court when a challenge under McCoy v.… |
| 19-6502 |
Cory Dale Fields v. United States |
Fifth Circuit |
2019-11-06 |
Denied |
IFP |
criminal-procedure due-process federal-district-court federal-sentencing grand-jury no-bill prior-conduct reliability reliability-of-evidence reliability-standard sentencing sentencing-considerations uncharged-conduct |
Is alleged prior uncharged conduct that had been no-billed by a Grand Jury sufficiently reliable for a federal district court to consider at sentencin… |
| 19-6515 |
Andre Verlin Anderson v. Vicki Janssen, Warden |
Eighth Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure criminal-procedure-due-process-eyewitness-identifi criminal-procedure-habeas-corpus-certificate-of-ap Did the district court commit reversible error whe Did the United States Court of Appeals for the Eig due-process eyewitness-identification habeas-corpus motion-to-suppress photographic-lineup reversible-error |
Did the district court commit reversible error by denying Petitioner's motion to suppress the unduly suggestive photographic lineup? |
| 19-6518 |
Eric Burgie v. Arkansas |
Arkansas |
2019-11-06 |
Denied |
Response WaivedIFP |
aggravated-robbery civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process jurisdiction mental-fitness mental-health parole parole-eligibility sentencing sentencing-scheme |
Whether the petitioner's sentence violates the Eighth Amendment's prohibition on cruel and unusual punishment |
| 19-6524 |
Franklin Elliott Benson v. Aimee Smith, Warden |
Eleventh Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
actus-reus civil-rights constitutional-rights corpus-delicti criminal-murder criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions standing venue venue-challenge |
Whether the element of 'causing the death' is an essential element of malice murder in Georgia under O.C.G.A. 16-5-1(a), and whether the burden was on… |
| 19-6525 |
Sean Trent Barnes v. United States |
Fourth Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion competency competency-hearing criminal-procedure due-process guilty-plea plain-error-review plea-bargaining pro-se-representation self-representation sentencing sentencing-enhancement |
Whether Mr. Sean Trent Barnes' decision to waive counsel and represent himself was made voluntarily, knowingly, and intelligently |
| 19-6526 |
In Re David Paul Worthington |
|
2019-11-06 |
Denied |
IFP |
18-usc-1151-1153 aedpa aedpa-limitations article-1 article-6 criminal-procedure indian-law indian-treaties state-court-jurisdiction subject-matter-jurisdiction supremacy-clause treaties treaties-with-indians |
Whether the filing limitations AEDPA apply to claims that state courts lacked subject-matter-jurisdiction in criminal-cases due-to-provisions-in-treat… |
| 19-6528 |
Royce C. Gouveia v. Nolan Espinda, Director, Hawaii Department of Public Safety, et al. |
Ninth Circuit |
2019-11-06 |
Denied |
IFP |
acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy,criminal-procedure,jury,verdict,ac jury jury-verdict retrial verdict |
Does a jury's execution of a verdict form acquitting the defendant, and announcement that it has reached a verdict, suffice to erect a double jeopardy… |
| 19-6530 |
Vincent Williams v. United States |
Third Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
18-usc-924 18-usc-924c 18-usc-924j concurrent-sentence-doctrine criminal-procedure davis davis-ruling davis-v-united-states habeas-corpus life-sentence life-sentences post-conviction post-conviction-relief section-2255 third-circuit |
Whether the Third Circuit Court of Appeals erred in denying Vincent Williams' habeas corpus/post-conviction petition based on the Supreme Court's ruli… |
| 19-594 |
Mahmoud Thiam v. United States |
Second Circuit |
2019-11-06 |
Denied |
Response Waived |
american-constitutional-limitations american-court constitutional-limitations criminal-procedure criminal-prosecution due-process foreign-statute official-act predicate-offense predicate-prosecution vagueness-doctrine |
Where a foreign statute is used as a predicate for prosecution in an American court, must that statute be construed in accordance with American consti… |
| 19-587 |
Jimmie Eugene White, II v. United States |
Sixth Circuit |
2019-11-05 |
Denied |
|
continuance criminal-procedure district-court-discretion ends-of-justice on-the-record-findings speedy-trial speedy-trial-act statutory-interpretation stipulation time-exclusion |
Whether a district court may exclude time pursuant to a stipulation between the parties without making on-the-record findings under the Speedy Trial A… |
| 19-6483 |
Carl Robinson v. Bernadette Mason, Superintendent, State Correctional Institution at Retreat |
Third Circuit |
2019-11-05 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment civil-procedure clearly-erroneous-standard clearly-erroneous'-rule-52(a),exhaustion-of-remedi conviction court-of-appeals criminal-procedure due-process exhaustion-of-remedies judicial-independence judicial-procedure legal-remedy procedural-due-process standard-of-review statute supplemental-response timeliness unfairness Was the Petitioner denied due process of law,in vi |
When there is no authority for the preparation of an opinion by the attorney for either side, should the Court of Appeals have applied the 'clearly-er… |
| 19-6485 |
Ryan Van Stevenson v. United States |
Sixth Circuit |
2019-11-05 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure discretion due-process due-process,appellate-waiver,abuse-of-discretion,s evidence-standard extrinsic-evidence judicial-discretion preponderance-of-the-evidence sentencing-enhancement |
Did the Court abuse its discretion when it enforced an appellate waiver on an issue that was outside the scope of the appellate waiver's provisions? |
| 19-6491 |
Matthew Shaffer v. United States |
Sixth Circuit |
2019-11-05 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-conspiracy due-process evidence-suppression evidentiary-hearing exclusionary-rule firearms-expert-testimony-drug-activity law-enforcement-testimony multiple-conspiracies-sentencing-enhancements rule-29-motion-sufficiency-of-evidence search-warrant sentencing-enhancement standing |
Whether the trial court erred in failing to conduct an evidentiary hearing and suppress evidence obtained under a search warrant |
| 19-6493 |
Theresa Gail Scanlan v. Washington |
Washington |
2019-11-05 |
Denied |
Response WaivedIFP |
accuser confrontation-clause criminal-procedure medical-evidence medical-personnel police-interrogation police-involvement prosecutorial-purpose prosecutorial-use sixth-amendment testimonial testimonial-statements |
Are statements to medical personnel testimonial under the Confrontation Clause when the accuser is aware of their prosecutorial purpose? |
| 19-6495 |
Brent Curtis Schwertz v. Richard Jennings, Warden |
Eighth Circuit |
2019-11-05 |
Denied |
Response WaivedRelisted (2)IFP |
accidental-discharge americans-with-disabilities-act brady-disclosure brady-violation criminal-procedure due-process expert-witness firearms-examination ineffective-assistance-of-counsel mistrial right-to-counsel strickland-standard |
Ineffective-assistance-of-counsel |
| 19-6496 |
David Elijah Smith v. United States |
Fourth Circuit |
2019-11-05 |
GVR |
IFP |
apprendi-v-new-jersey blakely-v-washington criminal-law criminal-procedure due-process firearm-statute haymond-v-united-states mens-rea sentencing sentencing-guidelines statutory-maximum |
Did the petitioner's sentence for 18 U.S.C. 922(g) violate the statutory maximum? |
| 19-6500 |
Horacio Dominguez-Villalobos v. United States |
Fifth Circuit |
2019-11-05 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 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… |
| 19-585 |
Robert Leigh Stoltz v. Virginia |
Virginia |
2019-11-04 |
Denied |
Response Waived |
age-of-consent criminal-intent criminal-procedure due-process jury-instructions mens-rea reasonable-belief statutory-interpretation undercover-operations |
Is due process violated where the judge instructs the jury such that even if the jury finds that the defendant knew the alleged victim (an undercover … |
| 19-6461 |
Vernon Allen Collins v. Maryland |
Maryland |
2019-11-01 |
Denied |
Response WaivedIFP |
advisory-jury-instructions civil-rights collateral-challenges coram-nobis criminal-conviction criminal-procedure due-process habeas-corpus hearsay-rule jury-instructions laches laches-defense structural-errors |
Whether a writ of error coram nobis petition can be barred under the two-prong test of the laches defense that challenges the constitutionality of a c… |
| 19-6471 |
Diego Alonso Lozano-Perez v. United States |
Ninth Circuit |
2019-11-01 |
Denied |
Response WaivedIFP |
constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea |
Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary |
| 19-6472 |
Arthur Lopez v. California |
California |
2019-11-01 |
Denied |
IFP |
child-custody civil-rights criminal-procedure criminal-protective-orders due-process equal-protection family-law latino-fathers parental-rights |
Whether the Fourteenth Amendment's Due Process and Equal Protection Clauses require the State to provide fathers, including Latino fathers, with proce… |
| 19-6473 |
Gelu Topa v. Teofilo Melendez, et al. |
Eleventh Circuit |
2019-11-01 |
Denied |
Response WaivedIFP |
civil-rights conciseness criminal-procedure due-process exigent-circumstances facts fourth-amendment police-report relevance scotus-petition warrantless-search writ-of-certiorari |
Whether the police violated the Fourth Amendment by conducting a warrantless search of the petitioner's home without exigent circumstances? |
| 19-6474 |
Christopher Andrew Tank v. Michigan |
Michigan |
2019-11-01 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-clause-violation constitutional-rights constitutional-rights-violation criminal-procedure due-process dying-declaration prejudicial-effect sixth-amendment testimonial-dying-declarations testimonial-evidence |
Whether testimonial dying declarations violate the Confrontation Clause of the Sixth Amendment |
| 19-6478 |
Abdul King Garba, et al. v. United States |
Ninth Circuit |
2019-11-01 |
Denied |
Response WaivedIFP |
apprendi-standard apprendi-v-new-jersey criminal-procedure evidence expert-testimony jackson-v-virginia kumho-tire ninth-circuit restitution sufficiency-of-evidence sufficient-evidence supreme-court-precedent weight-vs-admissibility |
Whether the Ninth Circuit Memorandum conflicted with this Court's decisions (e.g., Kumho Tire) regarding whether unreliability of an expert's testimon… |
| 19-6458 |
Torrence E. Davis v. Arizona |
Arizona |
2019-10-31 |
Denied |
Response WaivedIFP |
conditional-demand constitutional-rights criminal-procedure equivocal-invocation equivocal-request faretta-right faretta-v-california judicial-discretion new-counsel pro-per right-to-counsel self-representation self-representation-right trial-court-advisement waiver-of-counsel |
Whether a conditional request to proceed pro per is automatically equivocal |
| 19-6459 |
Kenneth K. DuVall v. Carlos Hernandez, Superintendent, Avery Mitchell Correctional Institution |
Fourth Circuit |
2019-10-31 |
Denied |
IFP |
14th-amendment 1st-amendment 5th-amendment access-to-courts constitutional-challenge criminal-procedure double-jeopardy due-process federal-standards judicial-relief judicial-review state-imprisonment |
Did Judge Whitney's failure to rule on Petitioner's newly discovered evidence of Double Jeopardy issues deny Petitioner his 5th and 14th Amendment Rig… |
| 19-6469 |
Kenneth N. McFall v. Indiana |
Indiana |
2019-10-31 |
Denied |
Response WaivedIFP |
and sole defense witness to testify at trial for appeal evidence sixth-amendment state-court-decision testimony abuse-of-discretion accomplice-testimony constitutional-rights criminal-procedure due-process evidence-seizure fourteenth-amendment fourth-amendment sixth-amendment state-bypass-sixth-amendment |
Whether the trial court's abuse of discretion in not allowing an alleged accomplice to testify violated the petitioner's due process and Sixth Amendme… |
| 19-572 |
Ravneet Singh v. United States |
Ninth Circuit |
2019-10-31 |
Denied |
|
civil-procedure due-process evidence harmless-error jury jury-instructions standard-of-review standing sufficiency-of-evidence |
Whether, upon invalidating one of two alternative theories of liability presented to a jury, the reviewing court should ask if there is 'sufficient ev… |
| 19-6427 |
Ray A. Smith v. John Chapdelaine, Warden, et al. |
Tenth Circuit |
2019-10-31 |
Denied |
Relisted (2)IFP |
charging-document criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions professional-responsibility prosecutorial-misconduct standard-of-review sufficiency-of-evidence |
As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale fulfill their professional responsibilities and obligations… |
| 19-6437 |
Lee E. Peyton v. California |
California |
2019-10-31 |
Denied |
IFP |
confrontation-clause courtroom-protocol criminal-procedure due-process due-process-clause farretta-v-california fourteenth-amendment judicial-discretion pro-se pro-se-representation sixth-amendment |
Whether the Sixth and Fourteenth Amendments permit a trial court to deny a defendant's request to proceed pro se based on the judge's accusations of t… |
| 19-6452 |
David P. Moran v. Florida |
Florida |
2019-10-31 |
Denied |
Response WaivedIFP |
criminal-procedure discovery mandamus pro-se pro-se-litigant records standing subpoena subpoena-enforcement trial-court writ-of-court |
Should a writ of mandamus be automatically granted when the defendant has adequately shown an entity violated an earlier subpoena for records? |
| 19-6444 |
Jermaine D. Harris v. Stephen T. Moyer, Secretary, Maryland Department of Public Safety and Correctional Services, et al. |
Fourth Circuit |
2019-10-30 |
Denied |
Response WaivedRelisted (2)IFP |
aiding-and-abetting appeal cell-phone-technology cell-tower-testimony criminal-procedure cumulative-effect due-process fifth-amendment fifth-amendment-privilege habeas-corpus ineffective-assistance legally-inconsistent-verdicts sixth-amendment strickland-v-washington |
Did the Court of Appeals err in denying a certificate of appealability on Petitioner's claim that his trial counsel was constitutionally ineffective f… |
| 19-6446 |
William L. Edwards v. Texas |
Texas |
2019-10-30 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence exculpatory-evidence ineffective-assistance-of-counsel |
Why was Willian, Cdwards Neyerallewed +e present the Vl avidenco that eXonerates him te a yery : |
| 19-6448 |
Garrett Dean Door, Sr. v. United States |
Ninth Circuit |
2019-10-30 |
Denied |
Response WaivedIFP |
1st-amendment. civil-procedure civil-rights due-process standing takings 14th-amendment civil-rights criminal-procedure due-process evidence liberty |
Whether the defendant was deprived of due process and liberty rights under the 14th Amendment by being denied the opportunity to present a defense to … |
| 19-6453 |
James E. Lang v. Florida |
Florida |
2019-10-30 |
Denied |
IFP |
civil-rights constitutional-challenge criminal-conviction criminal-procedure due-process fiore-v-white judicial-review pipeline-law precedent-interpretation retroactivity statutory-interpretation |
When a state's highest court corrects an erroneous interpretation of its statutory law committed by its lower appellate court, that has affirmed a con… |
| 19-6454 |
Corey Morris v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-10-30 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel extended-sentences federal-review multiple-indictments plea-bargaining post-conviction-relief sentencing sentencing-guidelines |
Whether defendants have a Sixth Amendment right to effective assistance of counsel when contemplating plea offers |
| 19-566 |
Devan Pierson v. United States |
Seventh Circuit |
2019-10-30 |
GVR |
|
922(g)-felon-in-possession criminal-procedure direct-appeal firearm-possession first-step-act first-step-act-2018 rehaif rehaif-standard rehaif-v-united-states sentencing status-based-possession statutory-interpretation |
Whether a sentence is 'imposed' within the meaning of §401(c) of the First Step Act when it is first issued by the district court, or when it becomes … |
| 19-556 |
Lucas Allen Newnam v. Pennsylvania |
Pennsylvania |
2019-10-29 |
Denied |
|
bad-faith-inquiry bright-line-test continuance continuance-request counsel-of-choice criminal-defendant criminal-procedure due-process right-to-counsel sixth-amendment trial-delay |
Should this Court establish a bright-line test for determining whether a criminal defendant's right to retained counsel of his choice is violated, whe… |
| 19-564 |
Michigan v. Eric Lamontee Beck |
Michigan |
2019-10-29 |
Denied |
|
acquitted-conduct constitutional-rights criminal-procedure due-process federal-circuit-courts preponderance-of-evidence presumption-of-innocence sentencing |
Whether due process permits a sentencing court to consider conduct underlying an acquitted charge |
| 19-6403 |
Davin D. Crenshaw, aka Davon D. Crenshaw v. Texas |
Texas |
2019-10-29 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence expert-testimony hearsay mental-health sexual-assault victim-impact |
Whether the statements made by the expert (SANE) beyond the scope of a SANE examination would be considered hearsay of the same examination from the S… |
| 19-6404 |
Donald Lee Curtis v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety |
Fourth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
armed-robbery constitutional-rights criminal-procedure double-jeopardy due-process kidnapping statutory-conduct |
whether Seconds degree kidnapping and Armed Robbery Violate the Condtikutional right of double Jeopardy Upon Convictions and Panes ment oe beth offens… |
| 19-6415 |
Jose Eleuterio Nava v. United States |
Fifth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference district-court due-process judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-6418 |
Wayne Neville Morris v. United States |
Ninth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability constructive-amendment criminal-procedure criminal-procedure-error due-process fatal-variance fifth-amendment modified-categorical-approach rule-of-lenity sixth-amendment |
Whether a conviction based on an erroneous legal theory can be sustained when the petitioner presents clear and convincing evidence that the accused, … |
| 19-6422 |
Calvin Dunell Burns v. Florida |
Florida |
2019-10-29 |
Denied |
IFP |
appeal appellate-review civil-rights competency constitutional-violations due-process evidence legal-procedure mental-competency mental-health standing trial-counsel trial-procedure |
Why did the First District Court of Appeals, State of Florida, not rule fairly on the merits of the issues in the Petitioner's Direct Appeal regarding… |
| 19-6423 |
Halisi Uhuru v. United States |
Fourth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-law criminal-procedure due-process federal-investigation federal-jurisdiction incarceration legal-proceeding mens-rea obstruction-of-justice rico rico-organization |
Whether the appellant was improperly convicted of RICO participation and obstruction of justice |
| 19-6424 |
Anthony Darnell Stokes v. United States |
Fourth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
appeals appellate-review conviction court-of-appeals criminal-law criminal-procedure due-process federal-courts federal-statute obstruction-of-justice sentencing statutory-interpretation |
Whether the court of appeals misapplied 18 U.S.C.S. § 1512(c)(1) |
| 19-6431 |
Jose Armando Bazan v. United States |
Fifth Circuit |
2019-10-29 |
GVR |
Relisted (4)IFP |
appellate-review criminal-procedure fact-question guidelines plain-error role-adjustment sentencing sentencing-guidelines |
Whether the Fifth Circuit erred in holding that a district court's failure to apply a minor or mitigating role adjustment under the Sentencing Guideli… |
| 19-6433 |
Edward Anthony Torres v. United States |
Ninth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure criminal-procedure-jurisdiction district-court due-process federal-courts indian-status jurisdiction jurisdictional-issue magistrate-court native-american native-american-law ninth-circuit pretrial-decision standing statutory-interpretation subject-matter-jurisdiction |
Whether a district court may, pretrial, decide an Indian status jurisdictional question |
| 19-6438 |
Jose Luis Tapia-Fierro v. William P. Barr, Attorney General, et al. |
Ninth Circuit |
2019-10-29 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure death-penalty due-diligence due-process evidence-removal federal-jurisdiction innocence-claim procedural-limitations removal standing statute-of-limitations |
Whether the State of Arizona's statute of limitations found in Arizona Revised Statute (ARS) §12-542 applies to a Federally created cause of action in… |
| 19-6406 |
Clifford L. Rush v. Nebraska |
Nebraska |
2019-10-28 |
Denied |
IFP |
conflicts-of-interest constitutional-rights counsel-of-choice criminal-procedure due-process judicial-discretion nebraska-supreme-court pro-se pro-se-representation right-to-counsel self-representation sixth-amendment withdrawal-of-counsel |
Whether the Nebraska Supreme Court's denial of the petitioner's right to proceed pro se violated the Sixth Amendment |
| 19-6407 |
Derran Smiley v. California |
California |
2019-10-28 |
Denied |
IFP |
civil-rights constitutional-law constitutional-violation criminal-procedure due-process ex-post-facto federal-review habeas-corpus ineffective-assistance penal-code post-conviction retroactive-application retroactivity sentencing state-court-ruling |
Whether the retroactive application of California Penal Code Section 667(c)(2) violates the Ex Post Facto Clause of the U.S. Constitution |
| 19-6409 |
Sean Reilly v. Florida |
Florida |
2019-10-28 |
Denied |
Response WaivedIFP |
constitutional-duty contract-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel misunderstanding plea-bargaining sixth-amendment written-plea-offers |
Whether counsel for the accused has a constitutional duty under the Sixth Amendment to document and present the client plea offers (contracts) in writ… |
| 19-6411 |
Tyler Joseph Barefield v. Arkansas |
Arkansas |
2019-10-28 |
Denied |
Response WaivedIFP |
alternative-perpetrator alternative-perpetrator-evidence constitutional-law constitutional-rights criminal-evidence criminal-procedure due-process evidence right-to-defense right-to-present-defense state-evidentiary-requirements state-evidentiary-rules |
To what extent may a State restrict the ability of a defendant to present evidence tending to establish that another person committed the offense? |
| 19-6413 |
Ricky Langley v. Howard Prince, Warden |
Fifth Circuit |
2019-10-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
acquittal ashe-v-swenson collateral-estoppel constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-verdict |
Whether a jury's failure to return a verdict has collateral estoppel effect |
| 19-6417 |
Doran Wilburn Walker v. Texas |
Texas |
2019-10-28 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-procedure-sentencing cumulative-sentences double-jeopardy due-process oral-pronouncement-of-sentence presence-of-defendant sentencing statutory-authority trial-court-authority written-judgment |
Whether a trial court must order sentence cumulation at the time of oral pronouncement |
| 19-6360 |
George C. Pugh v. Florida |
Florida |
2019-10-25 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process felony florida-law habitual-felony-offender habitual-offender precedent release-date sentencing statutory-interpretation time-calculation |
Is it lawful for the Petitioner to be deemed an Habitual felony offender whereas the Petitioner was one day outside of the time period of conviction o… |
| 19-6362 |
Fernando Nunez v. Pennsylvania |
Pennsylvania |
2019-10-25 |
Denied |
Response WaivedIFP |
brady-doctrine brady-v-maryland constitutional-rights criminal-procedure discovery due-diligence due-process evidence evidence-disclosure exculpatory-evidence prosecutorial-misconduct |
Are criminal defendants required to plead and prove their due diligence as an additional element under Brady v. Maryland, 373 U.S. 83 (1963), and its … |
| 19-6383 |
Nelli Kesoyan v. United States |
Ninth Circuit |
2019-10-25 |
Denied |
Response WaivedIFP |
administrative-law appellate-review court-of-appeals criminal-law criminal-procedure due-process federal-appeals federal-jurisdiction federal-procedure legal-interpretation sentencing-guidelines statutory-interpretation |
Did the Court of Appeals adopt an erroneous interpretation of U.S.S.G. § 251.3(b)(3)? |
| 19-6392 |
Jeffrey F. Evers v. Brian Foster, Warden |
Seventh Circuit |
2019-10-25 |
Denied |
Response WaivedIFP |
appeals civil-procedure civil-rights criminal-procedure due-process federal-courts first-amendment free-exercise habeas-corpus merits-based-decision new-trial procedural-default public-accommodation religious-freedom same-sex-marriage standing state-licensing |
Does federal law under A952(c) permit a civil justice system to respond to a No-Merits review of a procedural default that can only be waived as a mer… |
| 19-6402 |
Omar Villarreal Silva v. United States |
Fourth Circuit |
2019-10-25 |
Denied |
Response WaivedIFP |
actual-prejudice collateral-attack criminal-procedure customs-and-border-protection deportation due-process immigration immigration-law prejudice removal-proceedings |
Must a defendant show actual prejudice to collaterally attack a removal order? |
| 19-6344 |
Spencer Altschuler v. Florida |
Florida |
2019-10-24 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process negligence reckless-driving vehicular-homicide |
Whether the Due Process Clause requires the prosecution to prove beyond a reasonable doubt that the driver was driving recklessly |
| 19-6361 |
Gregory Alan McKown v. United States |
Fifth Circuit |
2019-10-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights commitment competency-evaluation criminal-procedure due-process involuntary-commitment liberty liberty-interest mathews-factors mathews-v-eldridge mental-health procedural-safeguards substantive-due-process |
Does mandatory, involuntary commitment of an incompetent defendant to the Bureau of Prisons for the sole purpose of evaluating whether he can attain c… |
| 19-6365 |
Deontae Travohn Davis v. Duncan MacLaren, Warden |
Sixth Circuit |
2019-10-24 |
Denied |
IFP |
civil-rights confrontation-clause criminal-procedure cross-examination due-process expert-witness handwriting-expert perjury preliminary-examination |
Can this court extend expert witness needed beyond psychiatrist specialist, because courts refused offer handwriting expert to assist petitioner defen… |
| 19-6366 |
Spencer Kerry Curtiss v. North Dakota |
North Dakota |
2019-10-24 |
Denied |
Response WaivedIFP |
6th-amendment conflict-of-interest constitutional-rights conviction criminal-procedure due-process ineffective-assistance right-to-counsel standing statutory-interpretation |
Can a state's duty to provide guarantee of counsel in a criminal action be duly fulfilled when supplied representation is in violation of conflict-of-… |
| 19-6373 |
Casey Dullea Peppin v. Washington |
Washington |
2019-10-24 |
Denied |
Response WaivedIFP |
art constitutional-interpretation copyright court-determination due-process effective-assistance-counsel effective-assistance-of-counsel evidence file-sharing jurisdiction legal-error prejudice sexually-explicit-material source-code |
Did the Washington State Court of Appeals and the Supreme Court of Washington err by granting as fact that the defendant shared files with the public? |
| 19-6376 |
Josue Osvaldo Solis v. United States |
Fifth Circuit |
2019-10-24 |
Denied |
Response WaivedIFP |
appeal construction criminal-procedure due-process fairness fairness-doctrine plea-agreement sentence-appeal sentencing waiver waiver-of-rights |
Whether a defendant can knowingly waive the right to appeal his sentence before understanding the right |
| 19-6377 |
Jerome Gaskin v. United States |
Sixth Circuit |
2019-10-24 |
Denied |
Response WaivedIFP |
consecutive-sentencing criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment trial trial-rights |
Does a defendant's right to the effective assistance of counsel during plea bargaining include being accurately advised by counsel of the potential fo… |
| 19-6380 |
Emerson L. Beverly v. Sherry L. Burt, Warden |
Sixth Circuit |
2019-10-24 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment criminal-procedure due-process eighth-amendment fair-trial fair-trial-14th-amendment fair-trial-6th-amendment fourteenth-amendment prosecutorial-misconduct red-herring sentencing-review sixth-amendment |
Did the prosecutor's repeated reference to petitioner's defense as a 'red hearing' constitute misconduct thereby denying petitioner a fair trial in vi… |
| 19-6381 |
Anthony Tyrone Brown v. Michigan |
Michigan |
2019-10-24 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel evidence evidence-suppression fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct sexual-activity-evidence witness-testimony |
Whether the petitioner's constitutional rights to a fair trial and effective assistance of counsel were violated |
| 19-6393 |
Jean-Paul Gamarra v. United States |
District of Columbia |
2019-10-24 |
Denied |
Response WaivedIFP |
civil-rights competency criminal-competency criminal-procedure due-process expert-testimony involuntary-medication involuntary-treatment mental-health psychiatric-testimony trial-fairness |
Whether the Constitution permits the government to satisfy the Sell requirements based on testimony from a prison psychiatrist who did not examine, or… |
| 19-540 |
Andre Jenkins v. City of Cleveland, Ohio |
Ohio |
2019-10-24 |
Denied |
Response Waived |
civil-procedure civil-rights concurrent-jurisdiction criminal-procedure due-process forfeiture forfeiture-procedure in-rem-jurisdiction property-rights seizure standing warrantless-seizure |
Whether the warrantless seizure of money for forfeiture can be justified |
| 19-541 |
Michael Lambert v. Estate of Kevin Brown, by its Successor in Interest Rebecca Brown, et al. |
Ninth Circuit |
2019-10-24 |
Denied |
|
cold-case criminal-investigation criminal-procedure dna-evidence exigent-circumstances false-statements fourth-amendment fourth-amendment-violations murder-case probable-cause search-and-seizure search-warrant third-party |
Whether the Fourth Amendment requires a warrant to search a home based on probable cause and exigent circumstances when the home is owned by a third p… |
| 19-533 |
River Birch, Incorporated, et al. v. Waste Management of Louisiana, L.L.C. |
Fifth Circuit |
2019-10-23 |
Denied |
Response Waived |
antitrust burden-of-proof circumstantial-evidence civil-procedure civil-rico evidence evidentiary-inference federal-rules federal-rules-of-civil-procedure matsushita-standard precedent rule-56 summary-judgment |
Whether the holding in Matsushita Electrical Industrial Co. v. Zenith Radio Corp. that 'ambiguous' circumstantial evidence does not support an inferen… |
| 19-6332 |
Walter Glenn v. United States |
Fifth Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
4th-amendment consent-to-search criminal-procedure fourth-amendment leadership-role obstruction-of-justice rental-vehicle search-and-seizure sentencing-guidelines standing standing-civil-procedure standing-doctrine traffic-stop |
Whether a relief driver of a rental vehicle had standing to challenge evidence seized from the car |
| 19-6343 |
Antoine Richmond v. United States |
Seventh Circuit |
2019-10-23 |
Denied |
IFP |
4th-amendment criminal-procedure felon-in-possession fourth-amendment home-entry home-privacy probable-cause reasonable-suspicion search-and-seizure warrantless-search |
Did law enforcement's suspicion that a firearm would be found just inside the threshold of the home justify their search? |
| 19-6350 |
Maurice Antoine-Hake Dobson-El v. Michigan |
Michigan |
2019-10-23 |
Denied |
Response WaivedIFP |
6th-amendment civil-procedure civil-rights criminal-procedure due-process habeas-corpus jurisdiction sentencing speedy-trial standing |
Whether the Warden Sons Coase tooncd C) abe to a Speedy |
| 19-6351 |
Geoffrey Elkington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard state-court-deference trial-counsel |
Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner's trial attorney failing to enter i… |
| 19-6357 |
James Alton Turner, Jr. v. United States |
Eighth Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
28-usc-2255 acca-interpretation criminal-procedure due-process,criminal-procedure,sentencing,acca,joh elements-clause habeas-relief johnson-retroactivity johnson-v-united-states residual-clause sentencing-court sentencing-guidelines violent-felonies |
Whether a 28 U.S.C. § 2255 petitioner must affirmatively prove the sentencing court relied on the residual clause |
| 19-6367 |
James Eugene Keiser v. Ricky Foxwell, Warden, et al. |
Fourth Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability civil-procedure constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment standing trial-errors |
Whether the 4th Circuit exceeded the limited scope of the COA analysis |
| 19-6315 |
John David Stahlman v. United States |
Eleventh Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
5th-amendment circuit-split constitutional-law criminal-procedure due-process federal-criminal-law fifth-amendment sentencing statutory-interpretation title-18-usc-2422(b) |
Did the United States District Court for the Middle District of Florida and the Court of Appeals for the Eleventh Circuit violate the petitioner's Fif… |
| 19-6321 |
Michael J. Prance v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-withdrawal right-to-counsel sixth-amendment |
Whether there is a Sixth Amendment right to counsel during plea withdrawal proceedings? |
| 19-6322 |
Kelvin Miles v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
alleyne alleyne-vs-united-states apprendi confrontation confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-destruction fair-trial hearsay sentencing sentencing-enhancement sentencing-factors |
did-the-pre-trial-destruction-of-evidence-by-the-state-deny-the-petitioner-his-right-to-due-process-and-a-fair-trial |
| 19-6328 |
Antonio Leonard Brown v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-22 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-violation criminal-procedure criminal-sentencing due-process equal-protection federalism habeas-corpus jurisdictional-issue jury-selection mandatory-minimum state-criminal-procedure |
Whether the same conduct can constitute both a state constitutional violation and a United States Constitutional violation |
| 19-6333 |
Juan Gabriel Angulo-Cabrera v. United States |
Ninth Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
codefendant criminal-procedure due-process effective-attorney evidence evidentiary-hearing false-accusations ineffective-assistance phone-records right-to-counsel sixth-amendment trial trial-counsel |
Whether the District and Appellate Courts erred in denying Defendant an evidentiary hearing on his claim of ineffective-assistance-of-counsel |
| 19-6340 |
Jonathon William-Durand Neuhard v. United States |
Sixth Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
comity criminal-procedure due-process evidence federalism integrity-of-state-proceedings statutory-construction statutory-construction-federal-question-due-proces statutory-interpretation |
Whether the federal court of appeals correctly found that the determination of whether a state adjudication qualifies as a prior conviction under 18 U… |
| 19-6341 |
Charles Raymond Stagner v. United States |
Eleventh Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
criminal-intent criminal-procedure drug-crimes due-process evidence-admissibility fifth-amendment intent methamphetamine-possession sentencing sentencing-reduction sufficiency-of-evidence |
Whether the Fifth Amendment Guarantees the Petitioner the Right to a Judgment of Acquittal If the Government Fails to Prove the Petitioner Intended to… |
| 19-6345 |
William N. Lucy v. Mary Cooks |
Eleventh Circuit |
2019-10-22 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review bankruptcy-proceedings certiorari-petition civil-procedure criminal-procedure due-process eviction habeas-corpus judicial-error post-conviction-relief property-rights standing trial-court-discretion |
Whether the Mobile County Circuit Court abused its discretion in granting an eviction order while the petitioner was in bankruptcy |
| 19-525 |
Steve Cooley, et al. v. National Abortion Federation |
Ninth Circuit |
2019-10-22 |
Denied |
Response Waived |
appellate-jurisdiction civil-rights contempt contempt-sanction criminal-procedure due-process effective-assistance-of-counsel effective-counsel preliminary-injunction sanctions sixth-amendment younger-abstention |
Whether a state court criminal defendant can enjoy his Sixth Amendment right to effective counsel when his state court criminal counsel have been held… |
| 19-528 |
John Wayne Scantlebury, et al. v. United States |
District of Columbia |
2019-10-22 |
Denied |
Response Waived |
appellate-jurisdiction article-iii collateral-attack criminal-procedure cross-border-tort due-process federal-officer-liability final-judgment minimum-contacts personal-jurisdiction |
Whether criminal appeals from dismissals without prejudice are 'final' under 28 U.S.C. §1291 |
| 19-530 |
James Kerr Schlosser v. United States |
Third Circuit |
2019-10-22 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process evidence-denial judicial-misconduct mens-rea reasonableness religious-beliefs restitution right-to-a-complete-defense state-of-mind statutory-authority willfulness |
Whether the lower courts erred regarding the denied evidence, violating the defendant's constitutional right to a complete defense |
| 19-6314 |
Ralph Willard Savoie v. United States |
Fifth Circuit |
2019-10-21 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-procedure due-process haymond-v-united-states parole plea-agreement precedent sentencing statutory-interpretation suborned-perjury supervised-release supreme-court supreme-court-precedent united-states-v-watts waiver-of-appeal |
Can United States v. Watts stand in light of recent holdings in Haymond v. United States? |
| 19-6323 |
Michael Taffaro v. New Jersey |
New Jersey |
2019-10-21 |
Denied |
Response WaivedIFP |
due-process evidence evidence-exclusion ineffective-assistance interests-of-justice judicial-review perjury perjury-claim post-conviction-relief procedural-default procedural-rules standing testimony witness-testimony |
Whether a decision affirming exclusion of evidence can be correct without addressing the unrefuted assertion that it was excluded on plainly erroneous… |
| 19-6327 |
Lorenzo Lorta v. Stuart Sherman, Warden |
Ninth Circuit |
2019-10-21 |
Denied |
IFP |
amendments california-penal-code circumstances civil-rights constitutional-law criminal-procedure due-process judicial-review legal-precedent modification-of-sentence parole sentencing statutory-interpretation |
Whether the modification of a sentence and re-sentencing under the position 51 of the California Penal Code Section 1170(d) is valid due to the circum… |
| 19-6303 |
Jeffrey Jason Cooper v. United States |
Eleventh Circuit |
2019-10-18 |
Denied |
Response WaivedIFP |
confrontation-clause due-process evidence fifth-amendment hearsay sixth-amendment witness-testimony |
Whether the lower Courts erred in allowing multiple hearsay statements of five alleged witnesses and other non-testifying witnesses whom did not testi… |
| 19-6305 |
Ilma Alexandra Soriano Nunez v. United States |
Third Circuit |
2019-10-18 |
Denied |
Response WaivedIFP |
bail-bond bail-release civil-rights criminal-procedure custody due-process immigration immigration-detention immigration-orders non-citizen release statutory-period unsecured-bail |
Whether a non-citizen defendant should be released notwithstanding any immigration orders of detention |
| 19-6306 |
Jonathan Mota v. United States |
Ninth Circuit |
2019-10-18 |
Denied |
IFP |
circuit-split commerce-clause constitutional-law criminal-law criminal-procedure due-process hobbs-act interstate-commerce ninth-circuit statutory-interpretation |
Whether the Hobbs Act requires an actual impact on interstate commerce or merely a potential/probable impact |
| 19-498 |
Raymond L. Rogers v. United States |
Tenth Circuit |
2019-10-18 |
Denied |
Response Waived |
28-usc-2253 28-usc-2255 certificate-of-appealability criminal-procedure criminal-prosecution fifth-amendment habeas-corpus immediate-release sixth-amendment subject-matter-jurisdiction |
Whether the Tenth Circuit Court of Appeals erred in denying a certificate of appealability |
| 19-499 |
Henry Posada v. United States |
Seventh Circuit |
2019-10-18 |
Denied |
Response Waived |
appeals-court-error appellate-review clear-error criminal-procedure district-court-error evidence government-evidence government-surveillance healthcare-billing loss-amount loss-calculation medical-fraud patient-records sentencing standard-of-review |
Whether the court of appeals erred in determining that the district court did not clearly err in accepting the government's assertion that Mr. Posada … |
| 19-491 |
Nilesh Bharatkumar Kumar v. United States |
Ninth Circuit |
2019-10-17 |
Denied |
Response Waived |
criminal-procedure hill-v-lockhart immigration-law ineffective-assistance ineffective-assistance-of-counsel legal-resident plea-agreement plea-bargaining prejudice-analysis strickland-standard strickland-v-washington |
Whether a noncitizen defendant with legal resident status and extended familial and property ties to the United States must prove that a superior alte… |
| 19-6280 |
Jose Soto v. United States |
Ninth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process federal-courts federal-criminal-procedure harmless-error prosecutorial-misconduct |
Should the government bear the burden of establishing the harmlessness of a properly preserved claim of prosecutorial misconduct in a federal criminal… |
| 19-6283 |
Daryl Scott v. United States |
District of Columbia |
2019-10-17 |
Denied |
Response WaivedIFP |
criminal-procedure dna-evidence due-process fair-trial government-misconduct judicial-integrity mesarosh-v-united-states military-justice post-conviction-relief post-trial-discovery witness-credibility |
Is the widespread fabrication and destruction of false DNA evidence by a government chemist for use at trial against U.S. servicemembers, and the fail… |
| 19-6288 |
Ron Christopher Whitley v. United States |
Fourth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a appellate-review criminal-procedure criminal-sentencing drug-case drug-offense drug-offenses judicial-discretion proportionality-review sentencing-departure sentencing-factors sentencing-guidelines |
Whether the 156-month sentence is greater than necessary to comply with the purposes of sentencing under 18 U.S.C. § 3553(a) |
| 19-6289 |
Brian Thomas Mohr v. United States |
Fifth Circuit |
2019-10-17 |
Denied |
IFP |
appellate-procedure case-review circuit-court-case criminal-law criminal-procedure due-process judicial-reconsideration jury-instructions legal-probability rehaif-v-united-states remand standard-of-review statutory-interpretation supreme-court-precedent |
Whether there is a reasonable probability of different result if the court below is directed to reconsider its judgment in light of Rehaif v. United S… |
| 19-6290 |
Servando Pineda-Castellanos v. United States |
Fifth Circuit |
2019-10-17 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6292 |
Malcolm Muhammad v. Y. Taylor, et al. |
Fourth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights disciplinary-conviction district-court due-process evidence fourth-circuit good-time-credit hearing-rights jury-verdict liberty-interest parole retaliation standing |
Whether the Fourth Circuit erred in deferring to the District Court's findings |
| 19-6294 |
Alexander Mattei v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure dna-evidence due-process evidence expert-testimony hearsay sixth-amendment surrogate-analyst testimonial-evidence testimonial-hearsay trial-procedure |
Whether there is ability to cross-examine a surrogate analyst at a jury trial who had used another's certified and testimonial DNA results ipse dixit,… |
| 19-6297 |
Aleisha O. Gray v. United States |
Fifth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
alien-transportation conspiracy criminal-law criminal-procedure evidence immigration immigration-law obstruction-of-justice sentencing-guidelines sufficiency-of-evidence |
Is there insufficient evidence to warrant a finding of guilty for conspiracy to transport undocumented aliens and for transporting undocumented aliens… |
| 19-6299 |
Victor Lopez v. Sterling Correctional Facility, et al. |
Tenth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
10th-circuit appeals case-enhancement criminal-procedure due-process habeas-corpus imprisonment ineffective-assistance innocence judicial-review sentencing-enhancement substantial-innocence |
Whether Mr Lopez should be in prison on a case that the 10th Circuit found substantial Innocence on and the Trial Court Dismissing 3 cases that were u… |
| 19-6301 |
Jerry W. Jenkins v. United States |
Eighth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
6th-amendment due-process presumed-innocent sentencing testimony trial 6th-amendment civil-rights constitutional-rights criminal-procedure criminal-proceeding due-process evidence-admission ineffective-assistance-of-counsel presumption-of-innocence sixth-amendment |
Whether the petitioner's constitutional rights to due process, presumption of innocence, and effective assistance of counsel were violated |
| 19-6265 |
Alex Knight v. United States |
Eleventh Circuit |
2019-10-16 |
Denied |
IFP |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment |
Whether the Fifth and/or Sixth Amendments are violated when a district court increases a criminal defendant's sentence based upon conduct for which a … |
| 19-6271 |
Gary Patrick Lewis v. Michigan |
Michigan |
2019-10-16 |
Denied |
IFP |
affidavit-of-indigency appointed-counsel arson-conviction criminal-appeal criminal-procedure due-process in-forma-pauperis indigency indigent-defendant michigan-court right-to-counsel state-appellate-defender state-court-appeal |
Gary Patrick Lewis |
| 19-6276 |
Robert Wayne Wilson, Jr. v. California |
California |
2019-10-16 |
Denied |
Response WaivedIFP |
child-sexual-abuse constitutional-rights criminal-procedure due-process false-allegations jury-trial presumption-of-innocence trial-by-jury |
Does testimony that only four percent of child sexual abuse allegations are false violate the defendant's rights to trial by jury, to the presumption … |
| 19-6234 |
Kelvin Melton v. United States |
Fourth Circuit |
2019-10-15 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment appeal civil-rights constitutional-law criminal-procedure due-process self-representation |
Whether an appellant has the right to self-representation under the Sixth Amendment or the Due Process Clause of the Fifth Amendment |
| 19-489 |
Lawrence G. Hutchins, III v. United States |
Armed Forces |
2019-10-15 |
Denied |
Response Waived |
acquittal collateral-estoppel conspiracy criminal-charge criminal-charges criminal-procedure double-jeopardy issue-preclusion military-justice retrial |
Whether the right under the Double Jeopardy Clause to the issue preclusive effect of an acquittal applies where precluded and un-precluded facts are a… |
| 19-6246 |
Shafia M. Jones v. Wisconsin |
Wisconsin |
2019-10-11 |
Denied |
Response WaivedRelisted (2)IFP |
alford-plea bank-robbery criminal-procedure due-process federal-jurisdiction federal-preemption state-jurisdiction supremacy-clause |
Whether state law interferes with and conflicts with the Federal Bank Robbery Act and Federal Statute 18 USCS § 2113 |
| 19-6252 |
Edinson Herrera Ramirez v. Maryland |
Maryland |
2019-10-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review biased-jury criminal-procedure discretion ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-selection legal-standard maryland-court-of-appeals peremptory-challenge peremptory-strike prejudice |
Whether the Maryland court erred in holding that petitioner received ineffective assistance of counsel but failed to prove prejudice |
| 19-6253 |
Adam Strege v. United States |
First Circuit |
2019-10-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge criminal-procedure delegation-of-authority due-process judicial-discretion law-enforcement-discretion mental-competence mental-disease mental-health reasonable-cause sentencing standing vagueness vagueness-doctrine |
Whether 18 USCS 4246, 4248, 4241(d) are unconstitutionally vague for failing to define 'mental disease' and 'reasonable cause' |
| 19-6264 |
Orane Nelson v. United States |
Second Circuit |
2019-10-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-law criminal-procedure direct-appeal first-step-act retroactivity sentencing sentencing-enhancement statutory-interpretation |
Whether the judgment should be vacated and the case remanded to the Second Circuit for consideration of whether § 403 of the First Step Act of 2018 ap… |
| 19-6266 |
Willie Jones, Jr. v. United States |
Ninth Circuit |
2019-10-11 |
Denied |
Response WaivedIFP |
conflict-among-courts constitutional-law court-of-appeals criminal-procedure dilatory-conduct dilatory-purpose dilatory-purposes faretta-right faretta-v-california federal-courts self-representation sixth-amendment sixth-amendment-right-to-self-representation state-courts |
Did the Ninth Circuit's disposition of Petitioner's Faretta claim conflict with Faretta v. California? |
| 19-6201 |
Ronn Darnell Sterling v. United States |
Eleventh Circuit |
2019-10-10 |
Denied |
Response WaivedIFP |
appeal bank-robbery constitutional-rights criminal-procedure due-process evidence-admission evidentiary-issues false-evidence improper-cross-examination ineffective-assistance ineffective-assistance-of-counsel prior-conviction-evidence prosecutorial-misconduct |
Whether the district court erred in rejecting the petitioner's claim within his § 2255 motion that pre-trial counsel was constitutionally ineffective … |
| 19-6202 |
Manuel Rodriguez-Santana v. United States |
First Circuit |
2019-10-10 |
Denied |
Response WaivedRelisted (2)IFP |
affidavit constitutional-procedure criminal-complaint criminal-procedure federal-rules-of-criminal-procedure fifth-amendment fourth-amendment magistrate magistrate-review probable-cause |
Whether the District Court Violated the Fourth and Fifth Amendment; Federal Rule Criminal Procedure |
| 19-6228 |
Anson Chi v. Andrew Stover, et al. |
Fifth Circuit |
2019-10-10 |
Dismissed |
Response WaivedIFP |
attorney-misconduct civil-procedure civil-rights conspiracy constitutional-rights criminal-procedure due-process government-misconduct habeas-corpus judicial-review medical-records post-conviction-review procedural-default torture |
Was the U.S. Court of Appeals intentionally delaying the mailing of its December 7, 2018 opinion |
| 19-6240 |
John Lee Norris v. United States |
Eighth Circuit |
2019-10-10 |
Denied |
Response WaivedIFP |
10th-amendment 5th-amendment 9th-amendment civil-rights constitutional-rights criminal-procedure due-process federal-criminal-jurisdiction judicial-standing plea-agreement standing subject-matter-jurisdiction supremacy-clause |
Whether the United States Court's for the Eighth circuit has failed to adhere to the accepted and usual course of Judicial proceedings |
| 19-6243 |
Jackie Ray Patrick v. Mississippi |
Mississippi |
2019-10-10 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure criminal-procedure-defects due-process indictment indictment-validity jurisdiction jurisdictional-issue mississippi-law standing state-law void-for-failure-to-state-offense void-for-vagueness |
Whether Patrick's conviction and sentence were derived from a defective indictment |
| 19-6244 |
Eugene Williams v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2019-10-10 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights constitutional-law discovery due-process evidence free-speech judicial-review legal-procedure standing statutory-interpretation |
Whether the U.S. District Court abused its discretion in dismissing the case, in violation of the petitioners' civil-rights, due-process, and free-spe… |
| 19-471 |
Frederick Collins Fermin v. Priest of Saint Mary-Marfa, Texas, et al. |
Fifth Circuit |
2019-10-10 |
Denied |
|
baptism civil-rights constitutional-law due-process evidence exodus fourteenth-amendment jesus-christ religious-freedom standing |
Were petitioner's civil rights violated upon being baptized illegally? |
| 19-468 |
Keesha Elayne Frye v. United States |
Fourth Circuit |
2019-10-09 |
Denied |
Response Waived |
appellate-review burden-of-proof criminal-procedure due-process indictment indictment-redaction jury jury-deliberation jury-instructions meaningful-review redaction standard-of-review |
Whether the criminal defendant was denied meaningful appellate review when the district court destroyed the only copy of a redacted indictment used by… |
| 19-6199 |
Emeterio Espino Ramirez v. United States |
Fifth Circuit |
2019-10-09 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6200 |
Michael Scott Smith v. Florida |
Florida |
2019-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
actual-innocence constitutional-claims criminal-procedure double-jeopardy due-process florida-statutes habeas-corpus indictment jurisdiction lesser-included-offenses post-conviction-relief procedural-default state-court statute-of-limitations statutory-interpretation |
Can a State Court indict an accused on one charge and take him to trial on another in the case of the same crime merely because a theory of prosecutio… |
| 19-6205 |
Ruben Navarrete-Felix v. United States |
Ninth Circuit |
2019-10-09 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure criminal-sentencing due-process judicial-policy recidivism sentencing-discretion sentencing-factors |
Is it an abuse of discretion to sentence a recidivist pursuant to a blanket policy of always imposing a longer sentence than the defendant previously … |
| 19-6216 |
Maxcium Herring v. L. S. McEwen, Warden |
Ninth Circuit |
2019-10-09 |
Denied |
IFP |
appeal civil-rights constitutional-rights criminal-procedure due-process evidence-admission jury-instructions jury-misconduct sentencing standard-of-review trial-errors waiver |
Whether the trial court erred in allowing the defendant to take the witness stand in his own defense |
| 19-6218 |
Timothy Milton Boone v. Maryland |
Maryland |
2019-10-09 |
Denied |
IFP |
14th-amendment assault burden-of-proof burglary constitutional-requirements criminal-intent criminal-procedure due-process elements-of-crime first-degree-assault first-degree-burglary maryland-code maryland-criminal-code reasonable-doubt |
Did the lower court err in failing to prove the first-degree assault and first-degree burglary elements beyond a reasonable doubt? |
| 19-6221 |
George E. Brown, Jr. v. United States |
Eighth Circuit |
2019-10-09 |
Denied |
Response WaivedIFP |
appeals appellate-procedure certificate-of-appealability civil-rights criminal-procedure due-process federal-courts habeas-corpus judicial-review legal-standard procedural-requirements standing |
When a defendant meets the requirements for issuance of a certificate of appealability (COA), is he then entitled to issuance of the certificate? |
| 19-6223 |
Kermit B. Harris v. Charmaine Bracy, Warden |
Sixth Circuit |
2019-10-09 |
Denied |
IFP |
14th-amendment charging-offense constitutional-rights criminal-procedure custody-without-charge due-process equal-protection finality finality-of-sentence fourteenth-amendment police-officer police-shooting |
Can a state trial court disregard a defendant's constitutional right to due process of law under the 14th Amendment of the United States Constitution,… |
| 19-6230 |
Claudius L. Fincher v. United States |
Seventh Circuit |
2019-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process factual-question jury-determination jury-trial mandatory-minimum safety-valve safetyvalve-statute sentencing sixth-amendment |
Does the district court's resolution of a contested factual question under 18 U.S.C. § 3553(f) (safety-valve statute) for the purpose of determining w… |
| 19-6232 |
Jason James Neiheisel v. United States |
Eleventh Circuit |
2019-10-09 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof circuit-split criminal-conviction criminal-procedure demeanor due-process jury-verdict prosecutorial-questioning reversible-error substantive-evidence sufficiency-of-evidence |
Whether the Eleventh Circuit, on review for sufficiency of evidence, can affirm a conviction citing the verdict itself; on the supposition the jury co… |
| 19-6233 |
Alshaqah Tariq Powell v. United States |
Third Circuit |
2019-10-09 |
Denied |
IFP |
4th-amendment civil-procedure consent consent-search consent-to-search constitutional-rights criminal-procedure due-process expectation-of-privacy fourth-amendment involuntary-consent traffic-stop vague-consent-form vagueness |
Whether Petitioner had the Fourth Amendment rights as a United States Citizen to be advised of his rights to the 'expectation of privacy' during a det… |
| 19-6166 |
Sean Lee Strandberg v. Carmen Denise Palmer, Warden |
Sixth Circuit |
2019-10-07 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure defense-mechanism due-process evidence evidence-conflict judicial-proceedings polygraph polygraph-evidence presumed-land sixth-amendment sixth-circuit state-lien strickland-v-washington united-states-supreme-court washington-v-hovey |
Whether the Sixth Circuit's decision on the important matter of whether the prosecutor's use of polygraph evidence conflicts with or departs from acce… |
| 19-6175 |
K. S. v. Contra Costa County Children & Family Services Bureau |
California |
2019-10-07 |
Denied |
Relisted (2)IFP |
california-welfare-and-institution-code civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection federalism fifth-amendment fourteenth-amendment santosky-v-kramer sixth-amendment standing supreme-court-precedent welfare-code |
Whether the application of California Welfare and Institution Code violated petitioner's constitutional rights under the Fifth, Sixth and Fourteenth A… |
| 19-6176 |
Christopher Harris v. United States |
Sixth Circuit |
2019-10-07 |
Denied |
Response WaivedIFP |
criminal-law due-process evidence murder pecuniary-gain rico rico-enterprise sixth-circuit statutory-interpretation vcar vcar-offense |
Should a Writ of Certiorari Issue Because the Sixth Circuit Ignored the Uncontroverted Evidence and its own Analysis of the VCAR Motives to Conclude t… |
| 19-6178 |
Jose Bryan Gonzalez v. United States |
Fifth Circuit |
2019-10-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-law criminal-procedure due-process federal-firearms-law firearm-possession interstate-commerce jurisdictional-element mens-rea statutory-interpretation |
Whether 18 U.S.C. §922(n) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no … |
| 19-6179 |
Jesus Felix-Heras v. United States |
Ninth Circuit |
2019-10-07 |
Denied |
Response WaivedIFP |
computer-forensics confrontation-clause criminal-procedure database-search evidence-admissibility expert-testimony fingerprint-analysis forensic-evidence search-algorithm sixth-amendment |
Whether admission of the results of a search of computer fingerprint database, which the record shows to be identical to fingerprint analysis done by … |
| 19-6183 |
Reginald Chatman v. Florida |
Florida |
2019-10-07 |
Denied |
IFP |
constitutional-law constitutional-rights contract-law criminal-procedure death-penalty due-process equal-protection florida-law plea-bargain plea-bargaining sentencing state-prosecution |
Whether the State of Florida violated the Defendant Reginald Chatman's 14th Amendment Constitutional right to due process? |
| 19-6192 |
Lagenza Junious v. Pennsylvania |
Pennsylvania |
2019-10-07 |
Denied |
IFP |
criminal-procedure diminished-capacity ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication involuntary-plea mens-rea plea-bargaining sixth-amendment strickland-standard strickland-v-washington |
Was the state superior court's decision contrary to or an unreasonable application of the Strickland v. Washington standard for ineffective assistance… |
| 19-6195 |
Alejandro Martinez v. United States |
Ninth Circuit |
2019-10-07 |
Denied |
IFP |
18-usc-924c3b civil-rights collateral-review constitutional-law criminal-procedure equal-protection federal-appeals pro-se-petition retroactive-application retroactivity supreme-court-review unconstitutionally-vague united-states-courts united-states-v-davis vagueness |
Whether the retroactive application of the Supreme Court's decision in United States v. Davis, 588 U.S. ___, 139 S.Ct. 2319 (2019) holding 18 U.S.C. §… |
| 19-6196 |
Frank D. Monsegue, Sr. v. United States |
Eleventh Circuit |
2019-10-07 |
Denied |
Response WaivedRelisted (2)IFP |
appeals appointment-of-counsel civil-procedure civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel right-to-appeal right-to-be-informed standing |
Whether the defendant's constitutional rights were violated by the court's failure to appoint counsel and provide adequate assistance of counsel |
| 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… |
| 19-449 |
In Re Arthur Edward Ezor |
|
2019-10-04 |
Denied |
Response Waived |
constitutional-error criminal-procedure due-process equal-protection fair-trial prosecutorial-misconduct sixth-amendment writ-of-mandate |
Was it a denial of procedural and substantive due process for the lower Court to not order dismissal of the subject criminal case with prejudice again… |
| 19-6154 |
Joanthony Deaundre Johnson v. Missouri |
Missouri |
2019-10-04 |
Denied |
Response WaivedIFP |
cell-phone criminal-procedure digital-evidence fifth-amendment fourth-amendment particularity-requirement search-and-seizure self-incrimination warrant-particularity |
Whether a warrant authorizing the search of a cell phone and describing the things to be seized as 'all data/software' pertaining to the crimes is off… |
| 19-6165 |
Ricky G. Davis v. Virginia |
Virginia |
2019-10-04 |
Denied |
IFP |
6th-amendment constitutional-rights court-appointed-counsel criminal-procedure due-process pro-se pro-se-representation probation right-to-counsel self-representation sixth-amendment standing |
Can Virginia constitutionally hale a person into its criminal courts and there force a lawyer upon him, even when he insist that he wants to conduct h… |
| 19-6169 |
In Re Anthony Brawner |
|
2019-10-04 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federalism jurisdiction mandamus maryland-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights venue |
Does the District of Columbia superior court have subject matter jurisdiction over crimes that happen in the State of Maryland? |
| 19-6171 |
Jorge Sanchez-Rodriguez v. Louisiana |
Louisiana |
2019-10-04 |
Denied |
IFP |
appeal appellate-review child-interview criminal-procedure due-process evidence insufficient-evidence judicial-error standard-of-review sufficiency-of-evidence trial-court-error witness-testimony |
Did the state appellate court and the Louisiana Supreme Court err in denying petitioner's appeal because the evidence presented at trial was insuffici… |
| 19-6174 |
David Anthony Lee v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-10-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process federal-law fourteenth-amendment fourteenth-amendment-rights habeas-corpus ineffective-assistance-of-counsel sixth-amendment sixth-amendment-rights state-court-proceedings |
Whether Mr. Lee's conviction was obtained in violation of his Sixth and Fourteenth Amendment rights |
| 19-6132 |
Christian Joseph Chavez v. United States |
Fifth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure due-process judicial-review miscarriage-of-justice plea-agreement sentencing |
Whether the Fifth Circuit Court of Appeals' two-step inquiry for determining the validity of an appeal waiver in a plea agreement should be expanded t… |
| 19-6133 |
Jeremy S. Cochran v. Maryland |
Maryland |
2019-10-03 |
Denied |
Response WaivedIFP |
appeals civil-procedure civil-rights conviction convictions criminal-procedure due-process free-speech jurisdiction standing |
Did the court of appeals of Maryland err in denying petitioner's appeal? |
| 19-6141 |
Donnie Ray Jose v. United States |
Ninth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure discovery-violation discovery-violations due-process judicial-discretion plea-negotiations prejudice prosecutorial-misconduct sanctions trial-strategy |
When a federal prosecutor concedes a serious discovery violation shortly before trial, should the district court's response take into account, among o… |
| 19-6145 |
Anthony Mark Smith, Jr. v. Virginia |
Virginia |
2019-10-03 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial hearsay precedent standard-of-proof victim-testimony |
Whether the Virginia Supreme Court and Court of Appeals erred in refusing to set aside the petitioner's conviction and sentence, which violated his ri… |
| 19-6149 |
Desmond Williams v. United States |
Eighth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
aiding-and-abetting civil-procedure civil-rights commentary conspiracy controlled-substance criminal-procedure due-process equal-protection federal-jurisdiction legal-analysis legal-citation legal-issues legal-research legal-terminology legal-writing sentencing-commission standing |
Whether the lower court erred in dismissing petitioner's claims |
| 19-6150 |
Chad M. Cutler v. Illinois |
Illinois |
2019-10-03 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-procedure civil-procedure civil-rights criminal-procedure due-process evidence evidentiary-rules expert-testimony hearsay hearsay-statements prosecutorial-misconduct standards-of-review supreme-court-conflict |
Whether the Illinois Appellate Court and Illinois Supreme Court erred in their rulings on the admissibility of hearsay statements, the proper standard… |
| 19-6151 |
Ahmed Ali v. Tammy Foss, Acting Warden, et al. |
Ninth Circuit |
2019-10-03 |
Denied |
Response RequestedRelisted (2)IFP |
appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-rights due-process habeas-corpus jury-instruction jury-instructions third-party-culpability trial-court |
Whether the Court of Appeals erred in denying a Certificate of Appealability on his claim that he was denied his right to present a defense |
| 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 |
Whether the trial court's refusal to allow the defendant to testify by narrative violated her right to effective assistance of counsel |
| 19-6125 |
Francis G. Hernandez v. Ronald Davis, Warden |
Ninth Circuit |
2019-10-02 |
Denied |
IFP |
appellate-review child-abuse criminal-procedure diminished-capacity habeas-corpus head-injuries ineffective-assistance ineffective-assistance-of-counsel mental-illness ninth-circuit prejudice-analysis strickland-standard strickland-v-washington |
Was counsel's failure to investigate and present a diminished capacity defense prejudicial under Strickland v. Washington? |
| 19-6135 |
Kelvin Townsend v. United States |
Eleventh Circuit |
2019-10-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process freedom-of-information government-transparency grand-jury indictment judicial-oversight sealed-records standing |
Is the government required to obtain a court order from the court to unseal a sealed criminal indictment? |
| 19-6137 |
William Trampas Widmyer v. David Ballard, Warden |
Fourth Circuit |
2019-10-02 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-amendment criminal-procedure due-process fourth-circuit-court ineffective-assistance-of-counsel miranda-rights police-interview right-to-counsel self-incrimination |
Were the Petitioner's Constitutional Amendment Rights violated when Petitioner's Police interview was used in trial although Petitioner requested Coun… |
| 19-6139 |
Jermaine Stevenson v. Connie Horton, Warden |
Michigan |
2019-10-02 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process juvenile-court juvenile-jurisdiction personal-jurisdiction state-court-procedure transfer void-ab-initio waiver-hearing |
Has due process of law been violated where a child within the permanent custody and jurisdiction of the state juvenile court is charged as an adult in… |
| 19-6091 |
James L. Toney v. Heath Dickson, et al. |
Eighth Circuit |
2019-10-01 |
Denied |
IFP |
civil-procedure civil-rights constitutional-review cover-up discovery due-process evidence fair-trial federal-habeas habeas-corpus ineffective-assistance marshals ncic procedural-default standing state-court-review |
Whether the exposure of cheating by the State of Arkansas and the concomitant collusion to cover up cheating evidence violates due process and the rig… |
| 19-6103 |
Farid John Popal v. New York |
New York |
2019-10-01 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence government-misconduct jurisdiction law-enforcement skype-testimony witness witness-coaching witness-testimony |
Whether law enforcement's coaching the witness violated petitioner's due process rights |
| 19-6110 |
Abimael Ayala-Gonzalez v. New York |
New York |
2019-10-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review brady-violation constitutional-duty criminal-procedure due-process eyewitness-identification federal-claim ineffective-assistance ineffective-assistance-of-counsel meaningful-representation-standard performance-prejudice-test prosecutorial-misconduct sixth-amendment state-appellate-court strickland-standard strickland-v-washington |
Does a state appellate court have a duty to resolve a federal claim of ineffective assistance of counsel claim under the Federal performance/prejudice… |
| 19-6113 |
Jose Armando Bazan v. United States |
Fifth Circuit |
2019-10-01 |
GVR |
Relisted (4)IFP |
appellate-procedure appellate-review cocaine-conspiracy criminal-appeal criminal-procedure criminal-procedure-sentencing downward-adjustment fact-question guidelines plain-error plain-error-review role-adjustment sentencing sentencing-guidelines standard-of-review |
Whether the Fifth Circuit erred in holding that a defendant's claim for a minor or mitigating role downward adjustment under the Sentencing Guidelines… |
| 19-6115 |
Jose Manuel Aguirre-Ganceda v. United States |
Ninth Circuit |
2019-10-01 |
Denied |
Response WaivedIFP |
actual-innocence collateral-attack criminal-justice criminal-procedure criminal-sentencing drug-conviction due-process federal-law federal-state-comity mandatory-life-sentence mandatory-minimum prior-convictions sentencing sentencing-enhancement state-court-reduction state-law |
Whether a defendant is actually innocent of a mandatory life sentence once a prior state drug conviction relied upon by the District Court is set asid… |
| 19-6117 |
Jaime Ignacio Estrada v. Martin Biter, Warden |
Ninth Circuit |
2019-10-01 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer preponderance-of-evidence right-to-counsel sixth-amendment standard-of-review trial-counsel voluntary-manslaughter |
Whether petitioner established by a preponderance of evidence trial counsel's violation of the Sixth Amendment: failure to communicate a favorable ple… |
| 19-6120 |
Raul Rodriguez v. United States |
Third Circuit |
2019-10-01 |
Denied |
IFP |
18-usc-924(c) categorical-approach circuit-precedent crime-of-violence criminal-law criminal-procedure due-process gvr sentencing statutory-interpretation supreme-court-ruling third-circuit vagueness vagueness-doctrine |
Whether this petition should be granted, the vacated, and the case remanded (GVR) to the court of appeals for a determination in the first instance of… |
| 19-6096 |
Jerry Simmons v. Darryl Vannoy, Warden |
Fifth Circuit |
2019-09-30 |
Denied |
Response WaivedRelisted (2)IFP |
biased-judge constructive-denial constructive-denial-of-assistance-of-counsel criminal-procedure ineffective-assistance judicial-bias right-to-counsel right-to-present-defense right-to-self-representation self-representation sixth-amendment structural-error structural-error-doctrine |
Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established F… |
| 19-6085 |
Frank Amodeo v. United States |
Eleventh Circuit |
2019-09-27 |
Denied |
Response WaivedIFP |
article-iii civil-procedure civil-procedure-standing constitutional-standing criminal-forfeiture criminal-procedure due-process federal-court-procedure federal-courts jurisdiction jurisdictional-hierarchy non-merits-questions standing standing-requirement |
Must a federal court resolve standing issues before resolving other dispositive, non-merits questions? |
| 19-6086 |
Luis Alberto Torres v. United States |
Ninth Circuit |
2019-09-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof circuit-conflict criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure harmless-error sentencing sentencing-error standard-of-review |
Does the government meet its burden to prove that a sentencing error is harmless under Fed. R. Crim. P. 52(a) if it shows that it is more probable tha… |
| 19-6087 |
Atif Babar Malik v. United States |
Fourth Circuit |
2019-09-27 |
Denied |
IFP |
appellate-procedure charged-statute circuit-split cotton-precedent criminal-procedure due-process jurisdiction jurisdictional-challenge scope-of-statute statutory-interpretation subject-matter-jurisdiction united-states-v-cotton |
Do courts lack subject matter jurisdiction when alleged conduct falls outside the scope of the charged statute? |
| 19-6088 |
Julian Madero-Diaz v. United States |
Ninth Circuit |
2019-09-27 |
Denied |
Response WaivedIFP |
citizenship citizenship-classification citizenship-laws constitutional-challenge criminal-procedure due-process equal-protection illegal-reentry immigration morales-santana morales-santana-precedent severability standing statutory-interpretation |
Whether the decision below conflicts with the Court's instruction in Sessions v. Morales-Santana, 137 S. Ct. 1678, 1699 n.24 (2017), that a defendant … |
| 19-6089 |
Joseph Signore v. United States |
Eleventh Circuit |
2019-09-27 |
Denied |
Response WaivedIFP |
appeals civil-procedure criminal-procedure declaration department-of-justice due-process habeas-corpus ineffective-assistance-of-counsel penalty-of-perjury sentencing service-of-process solicitor-general |
Whether the Eleventh Circuit erred in affirming the district court's denial of petitioner's motion to vacate his sentence under 28 U.S.C. § 2255 |
| 19-6094 |
Andres Herrera-Segovia v. United States |
Fifth Circuit |
2019-09-27 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-419 |
Antonio L. Saulsberry v. Randy Lee, Warden |
Sixth Circuit |
2019-09-27 |
Denied |
Response Waived |
constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-trial precedent retrial sixth-amendment verdict |
Whether the Double Jeopardy Clause bars retrial of a defendant on a charge that was submitted to a jury at a prior trial but as to which that jury did… |
| 19-407 |
Alexander Christian Miles v. United States |
Tenth Circuit |
2019-09-26 |
Denied |
Response Waived |
abuse-of-the-writ abuse-of-writ aedpa contract-law criminal-charges criminal-procedure plea-bargaining post-conviction-relief |
Whether the abuse of the writ doctrine or the AEDPA precludes a successive petition for post-conviction relief |
| 19-6069 |
Kevin Dewitt Skaggs v. Ron Baker, Warden, et al. |
Tenth Circuit |
2019-09-26 |
Denied |
IFP |
criminal-procedure criminal-procedure-sixth-amendment cumulative-analysis evidence expert-consultation expert-witness ineffective-assistance-of-counsel overwhelming-evidence pre-trial-investigation sixth-amendment strickland-standard strickland-v-washington trial-strategy |
Whether defense counsel performs unreasonably under the Sixth Amendment |
| 19-6070 |
Malcom McClenon v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-26 |
Denied |
IFP |
appeals appellate-review batson-challenge constitutional-rights conviction criminal-procedure due-process fair-trial fifth-circuit habeas-corpus harmless-error judicial-review sufficiency-of-evidence |
Is Recier DUE. To fr ConvicTioN 1 Devoid OF THE RUD MENTARY DEmAwos of FAIR Pacegouns ? |
| 19-6071 |
Demetrius Desean Morgan v. Michigan |
Michigan |
2019-09-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eyewitness-identification first-amendment fourteenth-amendment freedom-of-association impartial-jury ineffective-assistance insufficient-evidence physical-characteristics reasonable-doubt sixth-amendment surveillance-video video-surveillance |
Was the evidence of Petitioner's identity as the shooter sufficient to sustain the first-degree murder conviction? |
| 19-6077 |
Ruben Moreno Herrera v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-09-26 |
Denied |
IFP |
civil-rights compulsory-process conflict-of-interest constitutional-rights criminal-procedure dna-evidence due-process evidence-exclusion evidentiary-exclusion fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether the exclusion of all reliable and relevant material evidence, including the testimony of the defendant's first-hand witness, violated the defe… |
| 19-6078 |
Terreall McDaniel v. United States |
Eighth Circuit |
2019-09-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-924c appeal armed-career-criminal-act circuit-split constitutional-interpretation criminal-law criminal-procedure first-step-act retroactivity sentencing sentencing-enhancement statutory-interpretation |
Does Section 403 of the First Step Act apply to a defendant when his appeal is still pending? |
| 19-6079 |
Guillermo Vega-Botello v. United States |
Fifth Circuit |
2019-09-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-procedure limited-remand plain-error remand sentencing statutory-maximum substantial-rights |
Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand … |
| 19-6080 |
Marcus H. v. Connecticut |
Connecticut |
2019-09-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process equal-protection indigent indigent-defense right-to-counsel sixth-amendment structural-error trial-court-discretion |
Was the indigent petitioner's Sixth Amendment right to have appointed counsel represent him at his criminal jury trial violated when the trial court f… |
| 19-6042 |
Gerardo Tajonar Cortes v. United States |
Fifth Circuit |
2019-09-25 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6043 |
Larry Craig Cash v. Vance Laughlin, Warden |
Georgia |
2019-09-25 |
Denied |
IFP |
14th-amendment constitutional-rights conviction criminal-procedure death-penalty due-process effective-assistance fourteenth-amendment jury-selection murder-trial racial-discrimination standing state-action trial-duty |
Whether the rights of a defendant under the Due Process Clause of the Fourteenth Amendment were properly utilized by the State of Georgia |
| 19-6048 |
Franklin Pillier v. Massachusetts |
Massachusetts |
2019-09-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-rights due-process government-intrusion motion-to-withdraw-plea plea-bargaining plea-withdrawal probation probation-condition probation-conditions strict-scrutiny withdrawal-of-plea |
whether-defendant's-constitutional-rights-violated-by-repeated-guilty-plea-questioning |
| 19-6053 |
Diosme Fernandez Hano v. United States |
Eleventh Circuit |
2019-09-25 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process eleventh-circuit evidentiary-rulings indictment judicial-precedent jury-instructions statute-of-limitations united-states-code witness-testimony |
Whether the Eleventh Circuit erred in holding that the indictment was returned within the limitation period under 18 U.S.C. § 3297 |
| 19-6055 |
Edwin Ricardo Flores v. United States |
Ninth Circuit |
2019-09-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aggravated-felony chevron-deference circuit-split criminal-law criminal-procedure ex-post-facto immigration immigration-law separation-of-powers statutory-interpretation theft-offense |
Does a 'theft offense (including receipt of stolen property)' under §1101(a)(43)(G) require a taking of property without consent? |
| 19-6058 |
Guy Philippe v. United States |
Eleventh Circuit |
2019-09-25 |
Denied |
Response WaivedRelisted (2)IFP |
case-analysis civil-procedure-standing constitutional-law criminal-procedure double-jeopardy due-process extradition international-law judicial-interpretation legal-precedent res-judicata standing |
Whether the Court's conclusions in United States v. Rauscher, 119 U.S. 407 (1886) in conjunction with Kirkpatrick & Co., Inc. v. Environmental Tectoni… |
| 19-6060 |
Vincent Scott Mathews v. United States |
Tenth Circuit |
2019-09-25 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment gps-monitoring parole parole-conditions reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure warrant warrant-requirement warrantless-search |
Does U.S. v. Knights and Griffin v. Wisconsin still precedent to be relied on? |
| 19-6063 |
William Alexander v. New York |
New York |
2019-09-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
chambers-v-mississippi confrontation-rights criminal-procedure due-process evidence evidence-admissibility eyewitness-testimony misidentification photographic-evidence |
Whether Chambers v. Mississippi, 410 U.S. 284 (1973), and its progeny require the admission of reliable photographic evidence of what an accused was w… |
| 19-6064 |
Tommy Cole v. R. J. Rackley, Warden |
Ninth Circuit |
2019-09-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence expert-testimony ineffective-assistance ineffective-assistance-of-counsel kelly-hearing sixth-amendment videographic-evidence |
Whether a Kelly hearing was required to test the reliability of the process used to create the videotape of still photographs originally recorded on a… |
| 19-6068 |
Michael S. Sites v. West Virginia |
West Virginia |
2019-09-25 |
Denied |
IFP |
constitutional-rights court-procedure criminal-procedure critical-proceedings due-process harmless-error jury-deliberations right-to-be-present |
Did the West Virginia Supreme Court violate the Petitioner's Constitutional Rights to be Present at ALL Critical proceedings, including the answering … |
| 19-6073 |
Glen T. Jones, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-09-25 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-law criminal-procedure double-jeopardy due-process federal-procedure habeas-corpus harmless-error judicial-interpretation plain-error structural-error |
Whether the state court's harmlessness determination is subject to habeas corpus review under Brecht v. Abrahamson |
| 19-6024 |
Kenneth Allen Rogers v. California |
California |
2019-09-24 |
Denied |
Response WaivedIFP |
attorney-client-relationship civil-rights criminal-procedure due-process fiduciary-duty legal-representation pre-trial-motion property-rights retainer-fee sixth-amendment |
Whether the State of California's denial of legal representation at a pre-trial motion deprived the petitioner of a fundamental right |
| 19-6026 |
Roland Michael Simon v. California, et al. |
Ninth Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence federal-jurisdiction federal-law-enforcement standing united-nations |
Whether the state court erred in denying the petitioner's request to expunge their criminal record |
| 19-6035 |
Luis R. Espinal-Rivera v. United States |
First Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
appellate-review bail bail-hearing criminal-procedure detention-review due-process federal-jurisdiction presumption-of-innocence pretrial-detention rebuttal statutory-presumption statutory-presumptions |
Whether bail should have been granted in this case as the petitioner rebutted the statutory presumptions |
| 19-6036 |
Arturo Eduardo Dominguez-Calderon v. United States |
Fifth Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
appellate-review courts-of-appeals criminal-procedure criminal-sentencing due-process holguin-hernandez-v-united-states judicial-discretion remand sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review requires or permits the courts of appeals to 'reweigh the sentencing factors' |
| 19-6045 |
Scott H. Summerhays v. United States |
Ninth Circuit |
2019-09-24 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-counsel change-of-plea criminal-procedure critical-stage effective-assistance-of-counsel faretta faretta-waiver ineffective-assistance right-to-counsel sixth-amendment waiver |
Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) after… |
| 19-6050 |
Jose Vizcarrondo-Casanova v. United States |
First Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
924(c)(3)(a) categorical-approach circuit-split crime-of-violence criminal-law criminal-procedure davis-precedent plain-error puerto-rico-law sentencing statutory-interpretation united-states-v-davis |
Whether murder under Puerto Rico law categorical approach fails to qualify as a 'crime of violence' under remaining force clause of 924(C)(3)(A), unde… |
| 19-6051 |
Hezekiah Whitfield v. Deanna Brookhart, Warden |
Seventh Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
corroborative-evidence criminal-procedure double-jeopardy due-process evidence evidence-restriction fourteenth-amendment sixth-amendment |
Whether Petitioner Made A Substantial Showing Of The Denial Of His Sixth And Fourteenth Amendment Due Process Rights |
| 19-394 |
Sergio Mejia-Duarte v. United States |
Eleventh Circuit |
2019-09-24 |
Denied |
Response Waived |
criminal-procedure due-process extradition-treaty fair-trial federal-rules-of-evidence fre-403 fre-404(b) hearsay-evidence international-extradition international-law treaty unrelated-murder |
Whether a crucial mandate of the international extradition treaty was violated |
| 19-392 |
Martin A. Armstrong v. Securities and Exchange Commission, et al. |
Second Circuit |
2019-09-24 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
asset-forfeiture asset-freezing civil-enforcement constitutional-right-to-counsel counsel-of-choice criminal-defendant criminal-procedure due-process parallel-civil-enforcement parallel-proceedings personal-property property-rights right-to-counsel |
Whether the constitutional right to counsel of choice extends to cases where a criminal defendant's assets are frozen as part of a parallel civil enfo… |
| 19-393 |
Estelle Stein v. United States |
Eleventh Circuit |
2019-09-24 |
Denied |
Response Waived |
civil-procedure district-court due-process due-process-clause evidence evidence-submission federal-rules federal-rules-of-civil-procedure summary-judgment |
Does a party have a right under the Due Process Clause to file evidence in opposition to a motion for summary judgment? |
| 19-6021 |
Ricardo Valles De La Rosa v. United States |
Fifth Circuit |
2019-09-23 |
Denied |
Response WaivedIFP |
braxton-precedent braxton-v-united-states criminal-procedure due-process fifth-circuit nelson-v-colorado plea-agreement plea-bargaining sentencing |
Whether the Fifth Circuit Court of Appeals' affirmance of the petitioner's guilty-plea sentence violated petitioner's due process rights |
| 19-6027 |
Jordan Combs v. United States |
Sixth Circuit |
2019-09-23 |
Denied |
Response WaivedIFP |
5th-amendment child-pornography constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment possession sentencing |
Whether Jordan Combs' due process rights under the Fifth Amendment were violated when the district court sentenced him to 120 months on possession of … |
| 19-6029 |
Frank Jeffs v. Michael Overmyer, Superintendent, State Correctional Institution at Forest, et al. |
Pennsylvania |
2019-09-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process first-degree-murder habeas-corpus jurisdiction premeditated-murder prosecutorial-misconduct self-defense sentencing sentencing-order |
Whether the Pennsylvania Supreme Court was required to vacate and set aside the judgment and discharge the prisoner when the Commonwealth refused to f… |
| 19-6030 |
Craig Elias v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2019-09-23 |
Denied |
Response WaivedIFP |
constitutional-claim due-process evidence evidence-promise ineffective-assistance ineffective-assistance-of-counsel legal-remedy sixth-amendment strickland-standard strickland-v-washington trial-counsel |
Does Strickland apply to ineffectiveness claims vis-a-vis trial counsel's broken promise to produce evidence? |
| 19-6000 |
Kevin Kelley v. Illinois |
Illinois |
2019-09-20 |
Denied |
IFP |
compulsory-process constitutional-rights criminal-procedure due-process evidence evidence-rules propensity-evidence sixth-amendment trial-court-error witness-testimony |
Whether the state trial court erred in admitting the testimony of two witnesses for the purpose of showing the defendant's propensity to commit the ch… |
| 19-6015 |
Roque Arias-De Jesus v. United States |
Fifth Circuit |
2019-09-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
alleyne appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing sixth-amendment statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-6016 |
Devon Chance v. United States |
Eleventh Circuit |
2019-09-20 |
GVR |
IFP |
18-usc-924(c)(3) 18-usc-924c3 abrogation appellate-review case-law-abrogation circuit-court-decision criminal-procedure criminal-procedure-28-usc-2255 due-process eleventh-circuit habeas-corpus ovalles-v-united-states section-2255-motion statutory-interpretation supreme-court-review united-states-v-davis |
Whether the Eleventh Circuit's decision denying petitioner's 28 U.S.C. § 2255 motion should be vacated due to reliance on an abrogated opinion |
| 19-6019 |
Marco Antonio Murillo v. United States |
Fifth Circuit |
2019-09-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-defendants indictment indictment-right mandatory-minimum mandatory-sentencing sentencing sentencing-enhancement united-states-v-haymond |
Whether federal defendants enjoy the right to indictment as to some facts that alter the likely sentence within a mandatory range of punishment? |
| 19-5973 |
Wilfred Warren Sheppard v. Texas |
Texas |
2019-09-19 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus jury-trial sixth-amendment supreme-court-precedent united-states-constitution |
Whether the Texas Criminal Court of Appeals has ruled in a manner which conflicts with the Fifth and Sixth Amendment of the U.S. Constitution |
| 19-5998 |
Eric Matthew Frein v. Pennsylvania |
Pennsylvania |
2019-09-19 |
Denied |
IFP |
criminal-procedure harmless-error police-misconduct prosecutorial-misconduct right-to-counsel sixth-amendment structural-error trial-integrity |
When the Sixth Amendment right to counsel has attached, do efforts by police and prosecutors to physically prevent counsel from intervening in his cli… |
| 19-6006 |
Nicholas Wilkerson v. Alabama |
Alabama |
2019-09-19 |
Denied |
Response RequestedRelisted (2)IFP |
8th-amendment constitutional-rights criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama rehabilitation sentencing sentencing-hearing |
Does the Eighth Amendment require a factual finding to determine to which class a given juvenile belongs? |
| 19-364 |
Dwayne Lamar Williams, Sr. v. Virginia |
Virginia |
2019-09-19 |
Denied |
Response Waived |
14th-amendment 5th-amendment constitutional-law criminal-procedure due-process fifth-amendment fourteenth-amendment grand-jury incorporation jurisdiction state-criminal-procedure state-indictment |
Does the Fifth Amendment grand jury right apply to state indictments via the Fourteenth Amendment? |
| 19-361 |
Renado Smith and Richard Delancy v. United States |
Eleventh Circuit |
2019-09-18 |
Denied |
Amici (3) |
confrontation-clause criminal-evidence criminal-procedure custody-release deposition-testimony due-process good-faith-effort investigative-steps prosecutorial-misconduct prosecutorial-procedure sixth-amendment testimonial-statement unavailability witness-unavailability |
Whether the government makes a good-faith effort to obtain a witness's presence at trial |
| 19-5983 |
Alejandro Llamas-Delgado v. United States |
Eighth Circuit |
2019-09-18 |
Denied |
Response WaivedIFP |
burden-of-proof conspiracy controlled-substances criminal-law criminal-procedure drug-conspiracy drug-trafficking due-process statutory-interpretation sufficiency-of-evidence supreme-court-precedent |
Whether the lower court's decision conflicts with Supreme Court and other circuit precedent concerning the government's burden to prove the evidence w… |
| 19-5985 |
Leeroy Cesar Carballo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-18 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process evidentiary-hearing fifth-circuit-review fundamental-rights ineffective-assistance-of-counsel right-to-testify sentencing sentencing-phase |
Whether a criminal defendant's right to testify was violated when his trial counsel prevented him from testifying to his version of events during the … |
| 19-5993 |
Mabon Demetric James v. Marcus Pollard, Warden |
Ninth Circuit |
2019-09-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence fourteenth-amendment insufficient-evidence robbery standing takings |
Was Mabon James convicted of the robbery of Marta Parfeta in violation of his Fourteenth Amendment due process rights despite constitutionally insuffi… |
| 19-5994 |
Benjamin Justin Brownlee v. California |
California |
2019-09-18 |
Denied |
IFP |
civil-procedure criminal-law criminal-procedure due-process evidence evidence-code-section-352 jury-instructions prior-acts-evidence prosecutorial-misconduct right-to-fair-trial robbery-charges sixth-amendment standing |
Whether the lower court erred in its rulings on the admissibility of evidence and jury instructions, resulting in prejudicial impact on the defendant'… |
| 19-5995 |
Jason L. Clark v. United States |
Eighth Circuit |
2019-09-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights collateral-attack constitutional-challenge constitutional-law constitutional-violation criminal-procedure due-process guilty-plea judicial-review plea-bargaining statute-of-conviction |
Does a guilty plea bar a criminal defendant from later collateral attack on his conviction on the ground that the statute of conviction violates the c… |
| 19-5996 |
Michael J. W. Potter v. United States |
Sixth Circuit |
2019-09-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment life-imprisonment mandatory-minimum mandatory-sentencing sentencing |
Whether entry of a mandatory sentence of life imprisonment violated Appellant's rights under the Eighth Amendment to the United States Constitution |
| 19-5946 |
Anthony Carl Spence v. United States |
Eleventh Circuit |
2019-09-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-jurisdiction criminal-law criminal-procedure due-process extraterritorial-application extraterritorial-jurisdiction extraterritoriality federal-sentencing foreign-conduct guidelines offense-level sentencing sentencing-guidelines |
Whether a federal sentencing court can enhance a defendant's offense level based on conduct occurring entirely in a foreign country and not a crime ag… |
| 19-5964 |
In Re Dwight Carter, Sr. |
|
2019-09-17 |
Denied |
IFP |
18-usc-924c 2255-motion constitutional-law criminal-procedure criminal-procedure-2255-habeas-corpus davis-rule due-process habeas-corpus hobbs-act-robbery merits-analysis prima-facie-standard retroactivity second-or-successive-motion sentencing statutory-interpretation united-states-v-davis |
Whether Petitioner met his burden under 28 U.S.C. 2244(B)(3)(C) and 2255(h)(2) to file a second or successive 2255 based on United States v. Davis |
| 19-5965 |
Robert Jessie Hill v. Washington |
Washington |
2019-09-17 |
Denied |
IFP |
civil-rights collateral-consequences constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plea-bargaining plea-negotiations sentencing |
Whether a defendant who pleaded guilty to a charge should be denied collateral consequences to be told at the time of sentencing, resulting in a subst… |
| 19-5969 |
Tawoine Aquil Frank Banks v. United States |
Second Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
consecutive-sentences consecutive-sentencing court-of-appeals criminal-procedure due-process revocation revocation-sentence section-3624e sentencing supervised-release |
Did the Court of Appeals err in affirming of a supervised revocation sentence that ran consecutively to other supervised release revocation sentence? |
| 19-5970 |
Murad Razzaq v. Kansas |
Kansas |
2019-09-17 |
Denied |
Response WaivedIFP |
criminal-evidence criminal-procedure defendant-rights due-process due-process-clause evidence evidentiary-rules prior-bad-acts prior-crimes propensity-evidence state-prosecution state-supreme-courts unrelated-crimes |
Does a state violate a defendant's due process rights by admitting evidence of a prior, unrelated crime to show his propensity to commit another crime… |
| 19-5974 |
Duane L. O'Malley v. United States |
Seventh Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
appeals circuit-operating-rule civil-procedure civil-procedure-rules criminal-procedure criminal-rule-33 direct-appeal due-process judicial-assignment motion-appeal newly-discovered-evidence panel-reassignment recharacterization standing |
Did the Seventh Circuit Court of Appeals violate Circuit Operating Rule 6(b) when failing to reassign panels? |
| 19-5975 |
Juan Jose Tull-Abreu v. United States |
First Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
aggravated-identity-theft compulsory-process confrontation-clause conspiracy controlled-substances controlled-substances-act criminal-law criminal-procedure due-process fourteenth-amendment health-care-fraud identity-theft sixth-amendment |
Whether the petitioner participated in a conspiracy to commit health care fraud |
| 19-5982 |
Alcadio Caballero De La Torre v. United States |
Fifth Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing data-analysis due-process judicial-discretion reasonableness-review sentencing-commission sentencing-data sentencing-guidelines sentencing-reasonableness statistical-analysis |
When, if ever, Sentencing Commission statistical data may be used to evaluate the reasonableness of a defendant's sentence |
| 19-5947 |
Michael Patrick Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-16 |
Denied |
IFP |
criminal-procedure due-process fair-trial harmless-error ineffective-assistance ineffective-assistance-of-counsel law-enforcement perception-of-guilt substantial-guilt trial-defense witness-tampering |
If defense counsel omits the necessary trial defense and thereby sustains a perception of substantial guilt so that the substantial guilt was dependen… |
| 19-5948 |
Maria Margarita Valdez-Araiza v. United States |
Ninth Circuit |
2019-09-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review conflicting-evidence criminal-procedure-review evidence evidentiary-error harmless-error harmless-error-review judicial-precedent jury-factfinding sixth-amendment standard-of-review witness-credibility |
Is the Ninth Circuit's decision consistent with this Court's precedents? |
| 19-5949 |
Marcelino Martinez v. United States |
Fifth Circuit |
2019-09-16 |
Denied |
IFP |
criminal-procedure criminal-procedure-rule-11 district-court federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining plea-negotiations rule-11 substantial-rights |
when-district-court-violates-rule-11(c)(1)-of-federal-rules-of-criminal-procedure |
| 19-5954 |
Ricardo Irive v. Jo Gentry, Warden, et al. |
Ninth Circuit |
2019-09-16 |
Denied |
Response WaivedIFP |
attorney-negligence constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sixth-amendment |
Does it constitute ineffective assistance of counsel to allow a plea agreement the defendant wished to take lapse due to mistake or negligence? |
| 19-5929 |
Abisai Ramirez-Anguiano v. United States |
Fifth Circuit |
2019-09-16 |
Denied |
IFP |
circuit-split criminal-law criminal-procedure drug-offense drug-offenses mens-rea methamphetamine scienter sentencing-guidelines statutory-interpretation |
Whether scienter is required before the two-level increase under Section 2D1.1(b)(5) of the United States Sentencing Guidelines may be applied |
| 19-5944 |
Jerry D. Scott v. United States |
Eighth Circuit |
2019-09-16 |
Denied |
Response WaivedIFP |
8th-amendment 8th-circuit appeal certificate-of-appealability crime-of-violence criminal-justice criminal-procedure domestic-assault due-process eighth-circuit habeas-corpus legal-standard missouri-robbery sentencing violent-crime |
Whether the Eighth Circuit Court of Appeals erred in not granting a certificate of appealability |
| 19-5926 |
Refugio Quintanar v. United States |
Fifth Circuit |
2019-09-13 |
Denied |
IFP |
burden-of-proof confrontation-clause criminal-procedure due-process presentence-report procedural-unreasonableness sentencing sentencing-guidelines timely-objection |
Whether the defendant has the burden to deny and discredit the factual allegations of a Presentence Report that increase his or her sentence? |
| 19-5928 |
Marcos Santiago v. United States |
Third Circuit |
2019-09-13 |
Denied |
Response WaivedIFP |
21-usc-841 civil-rights criminal-law criminal-procedure drug-offense due-process first-step-act retroactive-application retroactivity sentencing sentencing-enhancement statutory-interpretation |
Whether Congress' decision to make the retroactive application of the First Step Act fully retroactive creates a significant risk that thousands of pr… |
| 19-5932 |
Chavez Myers v. United States |
District of Columbia |
2019-09-13 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights comprehensive-youth-justice-amendment-act criminal-procedure due-process eighth-amendment habeas-corpus ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama montgomery-v-louisiana standing youth-reform-act |
Whether the District of Columbia Court of Appeals erred in denying Chavez Myers' § 23-110 motion |
| 19-5936 |
Cesar Rosario Lopez-Ramos v. Minnesota |
Minnesota |
2019-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation-clause criminal-procedure cross-examination foreign-language-interpreter police-interrogation sixth-amendment testimonial-statements translation-evidence |
Whether the Sixth Amendment's Confrontation Clause permits the prosecution to introduce testimonial statements in the form of an unidentified foreign … |
| 19-5937 |
Raymond Johnson v. Credit One Bank, et al. |
Maryland |
2019-09-13 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence-admissibility free-speech judicial-discretion patent standing takings trial-procedure |
Whether the lower court erred in dismissing the petitioner's claims |
| 19-5938 |
Jason Bo-Alan Beckman v. United States |
Eighth Circuit |
2019-09-13 |
Denied |
Response WaivedIFP |
asset-forfeiture asset-freezing civil-procedure civil-proceeding civil-rights criminal-counsel criminal-procedure due-process errors-and-omissions errors-and-omissions-policy forfeiture-rights luis-v-united-states right-to-counsel sixth-amendment |
Can the Government circumvent Luis v. United States protections |
| 19-5940 |
Scott Peters v. Young Sun Kim |
Seventh Circuit |
2019-09-13 |
Dismissed |
Response WaivedIFP |
administrative-law civil-procedure civil-rights criminal-procedure damages due-process equal-protection habeas-corpus ineffective-assistance ninth-circuit post-conviction standing state-court |
Whether the District Court erred in dismissing Petitioner's claims |
| 19-5941 |
Roger Cha v. United States |
Ninth Circuit |
2019-09-13 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process interrogation law-enforcement miranda-rights miranda-waiver self-incrimination waiver |
Is a Miranda waiver invalidated when the law enforcement officer providing the advisal involves himself in the waiver process by asking the subject of… |
| 19-5902 |
Sharvelt Mister v. Wendy Kelley, Director, Arkansas Department of Correction |
Arkansas |
2019-09-12 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process evidence-suppression judicial-hearing judicial-process jurisdiction procedural-fairness standing supremacy-clause |
Whether the actions taken by law enforcement, including arrest and detention without a judicial determination of probable cause, violate the petitione… |
| 19-5912 |
Jesus Oscar Meraz Leon v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2019-09-12 |
Denied |
Response WaivedIFP |
actual-innocence arizona-courts arizona-law civil-rights criminal-procedure dna-testing due-process equal-protection federal-review habeas-corpus post-conviction post-conviction-relief standing |
Whether the state courts' refusal to grant Leon's request for DNA testing because it violates his right to due process and equal protection of the law… |
| 19-5913 |
Sammie Lee Smith, IV v. Florida |
Florida |
2019-09-12 |
Denied |
Response WaivedIFP |
aggravated-crime aggravated-offense alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-charging criminal-procedure due-process jury-determination jury-trial mandatory-minimum sentencing sexual-felony |
Whether the facts triggering a mandatory minimum sentence under Florida's Dangerous Sexual Felony Offender Act, § 794.0115, Fla. Stat. (2016), togethe… |
| 19-5920 |
Michael Don Pogue v. Texas |
Texas |
2019-09-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel jury-instructions right-to-counsel sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated where trial counsel failed to investigate and present exculpatory ev… |
| 19-5922 |
Pedro Munoz, aka Pedro Munoz Ruiz v. United States |
Fifth Circuit |
2019-09-12 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference district-court federal-courts-of-appeals federal-sentencing judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-5924 |
James Hennessee v. United States |
Sixth Circuit |
2019-09-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi-doctrine armed-career-criminal-act circuit-court constitutional-interpretation conviction-records criminal-procedure jury predicate-convictions sentencing sentencing-enhancement sixth-amendment |
Is the different-occasions requirement an element for the jury to decide, or can the sentencing judge decide it? |
| 19-5861 |
Louise K. Saine v. United States |
Seventh Circuit |
2019-09-11 |
Denied |
Response WaivedIFP |
appeal-denial appeals career-offender court-of-appeal crime-of-violence criminal-procedure drug-law due-process federal-case federal-classification federal-court federal-rules-of-criminal-procedure prior-convictions rehabilitation-programs rule-35 sentencing sentencing-guidelines sentencing-reform-act state-officer |
When can Rule 35 be used error? |
| 19-5904 |
Travis Dennis v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-09-11 |
Denied |
Response WaivedIFP |
appellate-review batson-challenge constitutional-rights criminal-procedure criminal-procedure-due-process due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-verdict sixth-amendment sufficiency-of-evidence |
Whether Mr. Dennis' conviction was obtained with insufficient evidence |
| 19-5907 |
Luis Castaneda-Torres v. United States |
Fifth Circuit |
2019-09-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-5909 |
Blake Clinton Talman v. Florida |
Florida |
2019-09-11 |
Denied |
Response WaivedIFP |
blood-draw criminal-procedure due-process evidence fourth-amendment fourth-amendment-violation good-faith-exception ineffective-assistance warrantless-search |
Whether the 'good faith' exception applies to a warrantless blood draw obtained in violation of the Fourth Amendment |
| 19-5910 |
Benjamin Carpenter v. Georgia |
Georgia |
2019-09-11 |
Denied |
Response WaivedIFP |
civil-rights complicity constitutional-issue criminal-liability criminal-procedure due-process error-analysis indictment jury-instructions standing supreme-court-review unchorged-crime |
Whether a theory of criminal liability based on complicity in an uncharged crime is constitutional |
| 19-5878 |
Darries Leon Jackson v. United States |
Sixth Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
constitutional-reasonableness criminal-justice criminal-procedure cruel-and-unusual-punishment due-process equal-protection grand-jury ineffective-assistance-of-counsel racial-bias racial-discrimination sentencing sentencing-guidelines |
Whether sentences imposed upon Petitioner are unconstitutionally unreasonable or greater than necessary to satisfy the ends of justice |
| 19-5879 |
Timothy L. Joe v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
6th-amendment cross-examination due-process evidence evidentiary-law impeachment impeachment-evidence ineffective-assistance-of-counsel opioid-addiction police-misconduct sixth-amendment |
Can Florida's evidentiary laws constitutionally preclude impeachment evidence of opioid-addicted police officers? |
| 19-5880 |
Andrew Joseph Larson v. Michael Pacheco, Warden |
Wyoming |
2019-09-10 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure conflict-of-interest constitutional-rights constructive-denial-of-counsel criminal-procedure due-process habeas-corpus jurisdiction name-change personal-jurisdiction presumption-of-guilt presumption-of-innocence standing state-department subject-matter trial-jurisdiction |
What are the necessary components for the trial court to be complete and hold jurisdiction over a case and was Avitabile's trial court complete? |
| 19-5883 |
Richard Johnson v. United States |
Eleventh Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
criminal-procedure eleventh-circuit evidentiary-hearing fourth-amendment franks-challenge franks-v-delaware gall-standard search-warrant search-warrant-challenge-standard sentencing-variance substantial-preliminary-showing substantive-reasonableness veracity |
Whether this Court Should Clarify the Quantum Necessary for a Finding of a 'Substantial Preliminary Showing' That Entitles Defendants to a Hearing in … |
| 19-5888 |
David Tkhilaishvili v. United States |
First Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
circuit-conflict criminal-procedure due-process extortion hobbs-act interstate-commerce legal-nexus property-rights property-transfer third-party |
Whether the government may sustain a Hobbs Act extortion charge based on evidence that the defendant 'obtained' property for the benefit of a third pa… |
| 19-5889 |
Jonathan Torres-Arroyo v. New Jersey |
New Jersey |
2019-09-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
alleyne-precedent alleyne-v-united-states criminal-procedure judicial-findings jury-trial mandatory-minimum ring-v-arizona sentencing sentencing-court state-v-kiriakakis |
Did the New Jersey Courts make an invalid distinction from Alleyne v. United States, 570 U.S. 99 (2013), in holding that the defendant's right to a ju… |
| 19-5890 |
Fernando Cabral-Varela v. Massachusetts |
Massachusetts |
2019-09-10 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights courtroom-access courtroom-closure criminal-procedure due-process public-trial sixth-amendment structural-error witness-intimidation |
Did the judge deprive the Petitioner of his right to a public trial under the Sixth Amendment to the U.S. Constitution? |
| 19-5891 |
Donte Island v. United States |
Third Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-procedure criminal-sentencing due-process imprisonment release-conditions split-circuit statutory-interpretation supervised-release tolling |
Whether a term of supervised release may be tolled for periods of noncompliance with release conditions |
| 19-5895 |
Lavar Eady v. Massachusetts |
Massachusetts |
2019-09-10 |
Denied |
Response WaivedIFP |
chemical-composition confrontation-clause criminal-procedure due-process evidence expert-testimony forensic-evidence lab-testing substitute-analyst testimonial-hearsay truth-of-the-matter |
Whether the Confrontation Clause prohibits a substitute state analyst from testifying at trial as to the composition of a seized substance obtained as… |
| 19-5900 |
David Earl Ison v. Richard Brown, Superintendent, Wabash Valley Correctional Facility |
Seventh Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
boykin-v-alabama civil-rights criminal-procedure due-process fifth-amendment plea-bargaining self-incrimination sentencing |
Whether the introduction of a defendant's involuntary plea or statements in violation of the Fifth Amendment's privilege against self-incrimination is… |
| 19-5838 |
Glenn Ray Smith v. United States |
Fifth Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourth-amendment fourth-amendment,supervised-release,probation,four home-search liberty liberty-interest probation probation-supervision search-and-seizure supervised-release whether-this-court-should-grant-certiorari-vacate- |
Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl… |
| 19-5844 |
James Arthur Ross v. John Myrick, Superintendent, Two Rivers Correctional Institution, et al. |
Ninth Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
9th-circuit-ruling civil-procedure civil-rights constitutional-rights district-court-error due-process evidence expert-testimony precedent pro-se-litigant standing summary-judgment |
Did the District Court error in determining that a 9th Circuit Appellate ruling from almost two decades ago in Bahrampour v. Lampert, 356 F.3d 969, 97… |
| 19-5865 |
Pablo Sauste Balderas v. United States |
Fifth Circuit |
2019-09-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-5868 |
William Charles Burgess v. Chuck Bowers, Jr., et al. |
Sixth Circuit |
2019-09-09 |
Denied |
IFP |
4th-amendment circuit-court circuit-court-review criminal-procedure district-court district-court-finding district-court-findings expectation-of-privacy legal-precedent precedent prior-decisions search-and-seizure sixth-circuit |
Whether the Sixth Circuit Court improperly reversed the District Court's finding that Petitioner had an expectation of privacy in and around his busin… |
| 19-5869 |
Jaime Enriquez-Hernandez, aka Jaime Enriques-Hernandez v. United States |
Fifth Circuit |
2019-09-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process judicial-review sentencing sixth-amendment statutory-interpretation supreme-court-precedent |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-5870 |
Shakeem Heratio Crawford v. United States |
Fourth Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
career-offender civil-rights criminal-justice criminal-law criminal-procedure due-process eighth-amendment ex-post-facto first-step-act parole retroactivity sentencing sentencing-retroactivity statutory-interpretation |
Did the judge abuse discretion by categorically denying career offenders benefits under the First Step Act? |
| 19-5872 |
Philip Hugh Wentzel v. United States |
Seventh Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
appeal certificate-of-appealability collateral-review constitutional-rights conviction criminal-charge criminal-procedure double-jeopardy due-process jurisdiction sentencing sentencing-error |
Were petitioner's double jeopardy and due process rights violated? |
| 19-5875 |
Alfredo Gonzalez-Terrazas v. United States |
Fifth Circuit |
2019-09-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-interpretation criminal-law criminal-procedure due-process judicial-review precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-5876 |
Joachim Dressler v. Circuit Court of Wisconsin, Racine County |
Wisconsin |
2019-09-09 |
Denied |
Response WaivedIFP |
censorship civil-rights content-seizure criminal-evidence criminal-procedure due-process evidence first-amendment free-speech freedman-v-maryland judicial-review prior-restraint procedural-safeguards southeastern-promotions-ltd-v-conrad |
Do this Court's First Amendment 'prior restraint' holdings that command 'strict procedural safeguards' designed to obviate the dangers of a freewheeli… |
| 19-5834 |
Thomas David McWaters v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2019-09-06 |
Denied |
IFP |
appeal civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-review standing |
Whether the petitioner was denied effective assistance of counsel in his Arizona post-conviction proceedings, which prevented him from timely presenti… |
| 19-5840 |
Andre Kenneth Stuckey v. California |
California |
2019-09-06 |
Denied |
Response WaivedIFP |
california-supreme-court civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-counsel right-to-fair-trial sentencing supreme-court-review |
Whether Andre Kenneth Stuckey Sr. is entitled to habeas corpus relief where his conviction and sentence were obtained in violation of his constitution… |
| 19-5846 |
Joshua Eric Townley v. Texas |
Texas |
2019-09-06 |
Denied |
IFP |
appellate-procedure appellate-review constitutional-law constitutional-principles criminal-procedure double-jeopardy due-process judicial-discretion new-trial sua-sponte supremacy-clause trial-court trial-procedure |
whether a trial judge violates the Supremacy and Double Jeopardy Clauses of the United States Constitution |
| 19-5852 |
Roosevelt Leon Cooper v. United States |
Eleventh Circuit |
2019-09-06 |
GVR |
IFP |
case-law certiorari criminal-law criminal-procedure due-process judicial-review mens-rea rehaif-standard remand statutory-interpretation supreme-court supreme-court-precedent vacatur |
Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 139 S. Ct. 2… |
| 19-5853 |
Jambulat Tkhilaishvili v. United States |
First Circuit |
2019-09-06 |
Denied |
Response WaivedIFP |
criminal-intent criminal-procedure due-process extortion judgment-of-acquittal physical-possession property-transfer scheidler sekhar statutory-interpretation supreme-court-precedent takings |
Whether the defendant is entitled to a judgment of acquittal for extortion when the defendant directed the victim to transfer property to third partie… |
| 19-5855 |
Flenoid Greer v. Michigan |
Michigan |
2019-09-06 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence evidence-suppression government-misconduct prosecutorial-misconduct public-officials standing state-officials |
Whether Michigan public officials failed to perform their duties and deprived petitioner of due process of law? |
| 19-5860 |
T'Challa Rhashaed Washington v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-06 |
Denied |
Relisted (2)IFP |
conflict-among-circuits court-of-appeals criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia jackson-virginia-standard judicial-review legal-standard standard-of-review strickland-washington-standard |
Whether the district state court of appeals rendered a decision in conflict with decisions of this court and other courts of appeals, when unreasonabl… |
| 19-5810 |
Daniel Lopez DeJesus v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-09-05 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-error criminal-procedure due-process harmless-error in-re-winship ineffective-assistance jury-instruction jury-instructions presumption winship |
Did the Ninth Circuit err in applying the harmless error analysis to a jury instruction that implicitly included critical elements of the crime charge… |
| 19-5811 |
Joe Edger v. United States |
Eighth Circuit |
2019-09-05 |
Denied |
Response WaivedIFP |
ambiguity conflict constitutional-rights contract-law court-of-appeals criminal-procedure criminal-process due-process government-discretion plea-agreement prosecutorial-misconduct |
Does the phrase 'cited in the defense of conviction' have a specific legal definition? |
| 19-5815 |
Antonio Demetrius Parker v. Virginia |
Virginia |
2019-09-05 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights conviction criminal-procedure due-process exculpatory-evidence false-imprisonment jurisdiction probable-cause search-and-seizure standing warrant-requirement |
Did the Supreme court of Virginia err when it determined that the circuit court didn't have the jurisdiction to give the petitioner the relief sought … |
| 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 |
Whether the petitioner's constitutional rights were violated when the state failed to disclose exculpatory evidence prior to trial |
| 19-5827 |
James Michael Peluso v. Texas |
Texas |
2019-09-05 |
Denied |
IFP |
civil-rights collateral-proceedings constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim procedural-bar right-to-counsel sixth-amendment standing |
Whether a Prisoner in Texas has a right to effective counsel in collateral proceedings which provide the first occasion to raise a Claim of ineffectiv… |
| 19-5829 |
Yoni Castro-Lopez v. United States |
Fifth Circuit |
2019-09-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-5830 |
William H. Danielson v. New York |
New York |
2019-09-05 |
Denied |
Response WaivedIFP |
appeal-waiver civil-rights criminal-procedure due-process guilty-plea judicial-misconduct prosecutorial-misconduct regulatory-authority standing waiver-of-appeal |
Should judicial misconduct survive a waiver of appeal and guilty plea? |
| 19-5832 |
Daniel G. Durain v. Florida |
Florida |
2019-09-05 |
Denied |
Response WaivedIFP |
administrative-law criminal-procedure due-process endangered-species-act environmental-regulation evidence federal-agency-discretion habitat-conservation judicial-interpretation jury-instructions mens-rea premeditation reasonable-doubt |
Can motive be used to establish premeditation? |
| 19-5833 |
Wesley G. Copeland, Sr. v. Kansas |
Kansas |
2019-09-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process due-process,criminal-procedure,constitutional-law, equal-protection harmless-error speedy-trial statutory-interpretation |
Did the Kansas Court of Appeals err in their analysis of the undisputed violation of a criminal defendant's Constitutional Due Process right to be pre… |
| 19-300 |
Beth Lewis Maze, Circuit Judge v. Kentucky Judicial Conduct Commission |
Kentucky |
2019-09-05 |
Denied |
|
administrative-hearing civil-proceeding civil-rights criminal-indictment criminal-procedure due-process fifth-amendment judicial-conduct self-incrimination stay |
Did the denial of the stay in the civil proceedings deprive Petitioner of her fundamental Fifth Amendment right to remain silent in the state criminal… |
| 19-303 |
Arthur Rodriguez Bautista v. Texas |
Texas |
2019-09-05 |
Denied |
|
appellate-review criminal-procedure due-process fair-trial habeas-corpus impartial-judge ineffective-assistance ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct |
Whether the trial judge's repeated improper comments throughout the trial demonstrated his bias in favor of the prosecution and denied Petitioner due … |
| 19-288 |
Javier Sanchez, Gregory Casorso, and Michael Marr v. United States |
Ninth Circuit |
2019-09-04 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
antitrust antitrust-law criminal-law criminal-procedure due-process fifth-amendment jury-instructions per-se-rule presumption sherman-act sixth-amendment |
Whether the operation of the per se rule in criminal antitrust cases violates the constitutional prohibition against instructing juries that certain f… |
| 19-298 |
Fernando Juarez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-04 |
Denied |
|
criminal-procedure cruel-and-unusual-punishment de-facto-life-without-parole eighth-amendment ex-post-facto ex-post-facto-clause fourteenth-amendment habeas-corpus juvenile-sentencing miller-v-alabama sentencing-hearing sentencing-law |
Does an automatic life-without-parole sentence for juveniles violate the Eighth Amendment? |
| 19-5780 |
Marvin Robinson v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether Petitioner's trial counsel was constitutionally ineffective under the Sixth Amendment to the United States Constitution? |
| 19-5801 |
Emory Chiles v. United States |
Fourth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review court-of-appeals criminal-procedure district-court evidence-suppression exclusionary-rule fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure standard-of-review |
Whether the Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Chiles' motion to suppress evidence? |
| 19-5802 |
Travis Wade Matthews v. Pennsylvania |
Pennsylvania |
2019-09-04 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof civil-rights criminal-procedure dna-evidence dna-testing due-process identification jackson-standard jackson-v-virginia mccoy-v-louisiana victim-identification witness-identification |
whether-dna-testing-is-client-choice |
| 19-5806 |
John Bradham v. United States |
Eleventh Circuit |
2019-09-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confidential-informant confrontation-clause criminal-procedure drug-transaction due-process evidence evidence-admission sixth-amendment |
Whether the district court's erroneous admission of a video of an alleged drug-and-firearm transaction between the CI and the defendant violated the c… |
| 19-5807 |
Thedrick Edwards v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-09-04 |
Judgment Issued |
Amici (20)Response RequestedResponse WaivedRelisted (4)IFP |
constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-selection jury-trial jury-unanimity sixth-amendment state-law |
Whether Louisiana's non-unanimous jury requirement for crimes requiring life sentences violates the Sixth Amendment and Fourteenth Amendment of the Un… |
| 19-5817 |
Kendrick Taylor v. Louisiana |
Louisiana |
2019-09-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apodaca-v-oregon criminal-procedure criminal-trial fourteenth-amendment incorporation-doctrine johnson-v-louisiana jury-trial jury-unanimity sixth-amendment supreme-court-precedent unanimous-verdict |
Whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requirement be required in state… |
| 19-5818 |
Joshua Wayne Riley v. United States |
Fourth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
civil-rights confession-reliability corroboration-requirement criminal-procedure due-process exclusionary-rule fifth-amendment miranda-rights parole-revocation supervised-release |
Whether the Fifth Amendment requires the district court to apply the exclusionary rule in a supervised release revocation hearing |
| 19-5819 |
Arthur Rathburn v. United States |
Sixth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause criminal-procedure due-process evidence-standard evidentiary-issues fair-notice jury-instructions reasonable-doubt right-to-jury-trial right-to-present-defense sufficiency-of-evidence vagueness |
Whether the government failed to present sufficient evidence to support the convictions beyond a reasonable doubt |
| 19-5825 |
Mario Garcia-Zavala v. United States |
First Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment booking-exception booking-information-exception constitutional-law criminal-procedure evidence-of-identity fifth-amendment fourth-amendment immigration-crimes miranda-v-arizona miranda-warnings stop-and-identify |
Does the booking information exception to the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966), apply to evidence of identity in prosecuti… |
| 19-5775 |
Richard James Soldan v. Michigan |
Michigan |
2019-09-03 |
Denied |
IFP |
anders-brief anders-procedure appellate-counsel appellate-review court-appointed-counsel criminal-procedure due-process first-tier-review indigent-defendant michigan-court-of-appeals michigan-procedure plea-bargaining right-to-counsel |
Whether the trial court may refuse to appoint substitute appellate counsel to an indigent defendant convicted on his plea who seeks access to first-ti… |
| 19-5779 |
Eduardo Rodriguez-Lopez v. Florida |
Florida |
2019-09-03 |
Denied |
IFP |
constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy right-to-defense sixth-amendment strickland strickland-standard |
Whether the State may rely on a plea colloquy to adequately resolve a claim that counsel failed to advise the defendant of a particular defense, consi… |
| 19-5781 |
Yong S. Cha, aka Edward Cha v. United States |
Ninth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
adversarial-testing criminal-procedure due-process evidentiary-waiver federal-rules-of-criminal-procedure federal-rules-of-evidence plea-bargaining proffer-statements prosecutorial-discretion prosecutorial-misconduct sixth-amendment |
When the Government may use a defendant's statements from plea negotiations to rebut the defense at trial |
| 19-5782 |
Tyrone Dexter Christian v. United States |
Sixth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
criminal-activity criminal-procedure exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant totality-of-the-circumstances vague-affidavit vague-and-conclusory |
Whether the lower court erred in finding probable cause to search petitioner's home when the court viewed the search warrant affidavit as a whole and … |
| 19-5785 |
Raul Zapata-Dominguez v. United States |
Fifth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fourth-amendment home-search indictment jury-trial liberty-deprivation liberty-interest overbreadth probation probation-supervision statutory-maximum statutory-reasonableness supervised-release supervision vagueness |
Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl… |
| 19-5786 |
Joshua George Nowland v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-03 |
Denied |
IFP |
appellate-jurisdiction barker-v-wingo civil-rights constitutional-rights criminal-procedure due-process judicial-review jurisdiction prejudice pretrial-detention speedy-trial |
Is oppressive pretrial incarceration still an important aspect of the Barker balancing test? |
| 19-5794 |
Dazzle Young v. Francisco J. Quintana, Warden |
Sixth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-tampering fifth-amendment fourteenth-amendment sentencing |
Whether Mr. Young's conviction violated due process and his Fifth and Fourteenth Amendment rights due to the use of tampered evidence |
| 19-5796 |
Alfredo Beltran Leyva v. United States |
District of Columbia |
2019-09-03 |
Denied |
Amici (1)Response WaivedIFP |
circuit-split confrontation-clause constitutional-review criminal-procedure due-process hearsay hearsay-evidence sentencing sentencing-review standard-of-review |
Whether the Court should require de novo review (or at a minimum, review for clear error) of sentencing fact-findings based entirely on uncorroborated… |
| 19-279 |
Shirley Johnson v. New Destiny Christian Center Church, Inc., et al. |
Eleventh Circuit |
2019-09-03 |
Denied |
|
advice-of-counsel civil-procedure civil-rights due-process evidence evidence-alteration evidence-tampering fourteenth-amendment judicial-misconduct malicious-prosecution probable-cause |
whether-due-process-clause-permits-judgment-to-stand-when-court-altered-evidence |
| 19-5744 |
Johnny Ellery Smith v. United States |
Ninth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
assimilative-crimes-act criminal-procedure criminal-prosecution federal-jurisdiction indian-country indian-law major-crimes-act state-law tribal-sovereignty |
Did the federal government's prosecution of an Indian for violation of state law in Indian country violate federal statutes and tribal sovereignty ret… |
| 19-5746 |
Howard Griffith v. New York |
New York |
2019-08-30 |
Denied |
Response WaivedIFP |
cause-and-prejudice criminal-procedure due-process federal-review judicial-discretion miscarriage-of-justice post-conviction-relief procedural-default state-appellate-procedures state-appellate-review |
Whether the Supreme Court of the State of New York, Appellate Division/Fourth Department, erred in allowing Defendant/Petitioner to take a direct appe… |
| 19-5747 |
Jamall Gibson v. United States |
Sixth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights criminal-history criminal-procedure drug-conspiracy due-process ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment speedy-trial |
Whether Petitioner Gibson's counsel provided him with ineffective assistance of counsel |
| 19-5761 |
Javon Laren Martin v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
14th-amendment civil-rights due-process equal-protection evidence jury-selection mistrial peremptory-strike racial-discrimination |
Whether the court erred in allowing the prosecution to use a peremptory strike without a race-neutral basis |
| 19-5762 |
Stevrick Tavah Jackson v. Florida |
Florida |
2019-08-30 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus life-sentence parole sentencing twenty-one |
Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d… |
| 19-5767 |
Virgil Lee Bailey v. United States |
Fifth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process factual-basis guilty-plea harmless-error judicial-standard plain-error plain-error-review plea-bargaining plea-sufficiency sullivan-v-louisiana |
Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review |
| 19-5768 |
Steven Villalona v. Florida |
Florida |
2019-08-30 |
Denied |
Response WaivedIFP |
barker-v-wingo constitutional-law criminal-procedure detainer due-process prisoner-rights rehabilitative-programs sixth-amendment smith-v-hooey speedy-trial |
What effect, if any, does the filing of a detainer have on a prisoner's right to a speedy trial under the Sixth Amendment? |
| 19-5770 |
Danny Lee Banks v. United States |
Sixth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment johnson-precedent residual-clause sentencing sixth-amendment unconstitutional unconstitutional-sentencing |
Did the appeals court and district court violate bank's fifth, sixth and fourteenth amendment rights by upholding a sentence that was based on the unc… |
| 19-5738 |
Carlos Manuel Perez-Crisostomo v. United States |
First Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process identity name obstruction-of-justice plea-agreement puerto-rico sentencing sentencing-court sentencing-enhancement sentencing-guidelines u.s.s.g.-3c1.1 |
Whether the Sentencing Court erred in finding Petitioner obstructed justice, pursuant to U.S.S.G. § 3C1.1, when Petitioner did not correct the name un… |
| 19-5741 |
Jose Marin Saldana-Reyes v. United States |
Ninth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process judicial-consideration non-frivolous-arguments procedural-reasonableness reasonableness sentencing sentencing-procedure sentencing-standard |
Whether an appellate court may affirm as procedurally reasonable a sentence imposed where the record contains no indication the sentencing judge consi… |
| 19-5742 |
Robert Gene Rand v. United States |
Ninth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility appellate-review criminal-procedure district-court district-court-discretion factual-findings ninth-circuit plea-agreement sentencing-guidelines sentencing-guidelines-application sentencing-reductions standard-of-review |
Whether a circuit court errs by affirming a district court's decision regarding the applicability of the United States Sentencing Guidelines based on … |
| 19-5751 |
Charles Massengill v. United States |
Sixth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process fourth-amendment interstate-compact parole parole-supervision parolee-rights reasonable-suspicion search-and-seizure state-statute warrantless-search |
Whether reasonable suspicion is required for a law enforcement officer to conduct a warrantless search of a parolee or his residence in the absence of… |
| 19-5753 |
Trayone Lefferio Bell v. United States |
Eleventh Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
18-usc-1029 constitutional-rights criminal-intent criminal-law-mens-rea criminal-procedure due-process flores-figueroa-v-united-states intent jury-instructions knowingly knowledge mens-rea rehaif-v-united-states statutory-interpretation |
To satisfy the 'knowingly' and with 'intent' in 18 U.S.C. § 1029(A)(3), do Courts have to prove precise 'mens rea' as set forth in Rehaif v. United St… |
| 19-5754 |
Charmar Brown v. United States |
Eighth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
advisory-guidelines collateral-attack constitutional-challenge criminal-procedure cross-reference double-jeopardy due-process habeas-corpus magwood magwood-precedent sentencing sentencing-guidelines |
Whether Magwood extended to challenges to the original undisturbed conviction, following a new judgment? |
| 19-5756 |
In Re James Bryant |
|
2019-08-29 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-review criminal-procedure due-process felony-murder felony-murder-doctrine-retroactivity habeas-corpus habeas-corpus-jurisdiction jurisdiction retroactive-application retroactivity subject-matter-jurisdiction vagueness |
Whether the state trial court lacked subject-matter jurisdiction by convicting Petitioner in 1971 under a vague first-degree murder statute |
| 19-5758 |
Peter J. Hanson v. Wisconsin |
Wisconsin |
2019-08-29 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process evidence hearsay out-of-court-statements sixth-amendment testimonial-evidence |
Whether out-of-court statements offered for purposes 'other than their truth' ever implicate the Sixth Amendment right to Confrontation? |
| 19-5760 |
Aly Toure v. New York |
New York |
2019-08-29 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-procedure civil-rights criminal-procedure due-process judicial-procedure mental-health standing supreme-court-precedent waiver-of-rights |
Did the appellate division violate clearly established federal supreme court ratified law? |
| 19-264 |
Brandon Kelly, Superintendent, Oregon State Penitentiary v. Lydell Marcus White |
Oregon |
2019-08-29 |
Dismissed |
Response RequestedRelisted (4) |
8th-amendment constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing mandatory-sentences miller-v-alabama non-mandatory-sentence non-mandatory-sentences |
Does the Eighth Amendment, under Miller v. Alabama, require invalidation of respondent's sentence? |
| 19-265 |
Brandon Kelly, Superintendent, Oregon State Penitentiary v. Laycelle Tornee White |
Oregon |
2019-08-29 |
Dismissed |
Response RequestedRelisted (4) |
8th-amendment constitutional-law criminal-procedure criminal-sentencing eighth-amendment juvenile-offenders juvenile-sentencing mandatory-sentences miller-v-alabama non-mandatory-sentence non-mandatory-sentences sentencing |
Does the Eighth Amendment, under Miller v. Alabama, require invalidation of respondent's sentence? |
| 19-269 |
Harold A. Flores v. Entergy Nuclear Operations, Inc. |
Second Circuit |
2019-08-29 |
Denied |
|
adverse-employment-action burden-of-proof civil-rights employment-discrimination employment-law evidence prima-facie-case quantum-of-evidence retaliation summary-judgment title-vii |
What quantum of evidence is sufficient to survive summary judgment on a Title VII retaliation claim? |
| 19-5723 |
Melvin Bernard Thompson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-08-28 |
Denied |
IFP |
Almendarez-Torres Apprendi-v-New-Jersey criminal-procedure criminal-sentencing due-process fourteenth-amendment habeas-corpus judicial-discretion sentencing sentencing-guidelines sixth-amendment stare-decisis |
Can a Florida Law permit a judicial discretion-upward-departure sentence beyond sentencing-guidelines without violating Sixth-Amendment Fourteenth-Ame… |
| 19-5730 |
Lawrence Michael Lynde v. United States |
Sixth Circuit |
2019-08-28 |
Denied |
Response WaivedIFP |
child-pornography civil-rights constitutional-law criminal-history criminal-procedure due-process federal-courts federal-sentencing sentencing-discretion sentencing-factors sentencing-guidelines sex-offender-treatment sixth-circuit-appeal standing statutory-interpretation victim-restitution |
Whether the Sixth Circuit erred in holding that the petitioner lacks standing to challenge the constitutionality of the statute at issue |
| 19-5740 |
Jeffrey L. Miller v. Kathy Brittain, Superintendent, State Correctional Institution at Frackville, et al. |
Third Circuit |
2019-08-28 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure deprivation-of-rights due-process false-evidence prosecutorial-misconduct self-defense wrongful-conviction |
Whether it is permissible to knowingly prosecute innocent non-criminal Americans |
| 19-5743 |
Michael Dewayne Hegwood v. United States |
Fifth Circuit |
2019-08-28 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 binding-precedent career-offender criminal-procedure criminal-resentencing federal-jurisdiction first-step-act jurisdiction sentencing sentencing-reduction statutory-interpretation |
Does the First Step Act authorize a court to 'impose' a reduced sentence in accordance with such statutes as 18 U.S.C. §§ 3553(a) and 3582(a), or does… |
| 19-5716 |
Karl Heinz Dupuy v. Unknown |
Fourth Circuit |
2019-08-27 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discovery due-process exculpatory-evidence expert-opinion fair-trial innocence medical-records mental-state post-conviction-discovery self-defense standing |
Whether the life of my pregnant companion & fetus was not being protected from imminent danger from real threat by two young men with burglary tools i… |
| 19-5718 |
Alexander Lee Salazar v. United States |
Fifth Circuit |
2019-08-27 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility appeal criminal-procedure district-court district-court-discretion mitigating-factors mitigating-role offense-level role-adjustment sentencing-guidelines |
Did the district court err when it declined to grant Mr. Salazar a mitigating role adjustment under the Guidelines? |
| 19-5665 |
Douglas Harold Doyle v. David Baughman, Warden |
Ninth Circuit |
2019-08-26 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights criminal-procedure due-process habeas-corpus parole retroactivity sentencing standing |
Whether the petitioner's conviction for a misdemeanor violation of 18 U.S.C. § 922(g) should be vacated due to the unconstitutionality of the statute … |
| 19-5710 |
Chidi Ezeobi v. Jamal Jamison, Warden |
Third Circuit |
2019-08-26 |
Denied |
Response WaivedIFP |
credit criminal-procedure due-process extradition foreign-incarceration incarceration international-law sentence-credit sentencing sentencing-court sentencing-credit statutory-interpretation |
Is Mr. Ezeobi entitled to seven months of credit toward his sentence for the time he was incarcerated in England awaiting extradition to the United St… |
| 19-5711 |
Charles Fritsche v. Robert Legrand, Warden, et al. |
Ninth Circuit |
2019-08-26 |
Denied |
Response WaivedIFP |
buck-v-davis certificate-of-appealability criminal-procedure due-process federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel ninth-circuit ninth-circuit-review post-conviction post-conviction-proceedings |
Whether this Court Should Grant this Petition, Vacate the Ninth Circuit's Certificate of Appealability Denial, and Remand the Matter for Further Recon… |
| 19-246 |
Massood Jallali v. Florida |
Florida |
2019-08-26 |
Denied |
Response Waived |
affirmative-defense brady-rule brady-violation-claim criminal-procedure discovery due-process evidence theory-of-innocence |
Whether the trial court's discovery rulings deprived petitioner of evidence under Brady that would support an affirmative defense and petitioner's the… |
| 19-250 |
Oklahoma v. Jesse Allen Johnson |
Oklahoma |
2019-08-26 |
GVR |
Response RequestedResponse WaivedRelisted (5) |
constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment jury-factfinding jury-trial juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sixth-amendment |
Does the Sixth Amendment require that the individualized sentencing proceeding necessary to impose a life-without-parole sentence upon a juvenile homi… |
| 19-243 |
Richard M. Camacho v. United States |
Armed Forces |
2019-08-23 |
Denied |
Response Waived |
criminal-procedure due-process ineffective-assistance-of-counsel military-justice presumption-of-innocence prosecutorial-misconduct sexual-assault sixth-amendment sufficiency-of-evidence |
Whether the Army's Sexual Harassment Assault Response and Prevention Program (SHARP) reversed the constitutional presumption of innocence |
| 19-5606 |
Ndokley Peter Enow v. Ricky Foxwell, Warden, et al. |
Fourth Circuit |
2019-08-23 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment plea-bargaining probable-cause search-and-seizure sentencing standing |
Did the trial court err by admitting into evidence the illegally obtained wiretap recordings of the defendant's phone conversations with an undercover… |
| 19-5607 |
Felix Summers v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence right-to-counsel sixth-amendment |
Denial of Sixth Amendment right of confrontation |
| 19-5664 |
Curtis Lee Sheppard, Jr. v. Texas |
Texas |
2019-08-23 |
Denied |
Relisted (2)IFP |
appeals appellate-review civil-procedure criminal-motivation criminal-procedure Does the application of the 'enterprise profits' t double-jeopardy due-process federal-prosecution jurisdiction pecuniary-gain rico-enterprise standing standing-issue statutory-interpretation vcar-statute |
Whether the trial court lacked the authority to set aside the conviction and dismiss the cause |
| 19-5681 |
Raphael Person, Jr. v. United States |
Sixth Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure district-court-discretion due-process federal-courts harmless-error judicial-discretion sentencing sentencing-guidelines |
Whether, when a district court imposes a sentence based on several factors, one of which is improper, the court of appeals should affirm the sentence … |
| 19-5684 |
In Re Kendall Dean Mitchell |
|
2019-08-23 |
Pending |
Relisted (3)IFP |
aedpa aedpa-limitations anti-terrorism-effective-death-penalty-act criminal-procedure habeas-corpus indian-law subject-matter-jurisdiction supremacy-clause treaties treaty-jurisdiction treaty-with-indians |
Whether the filing limitations AEDPA apply to claims that state courts lacked of subject matter jurisdiction in criminal cases due to provisions in tr… |
| 19-5686 |
Ronnie L. Payne v. United States |
District of Columbia |
2019-08-23 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt |
Was trial counsel's performance objectively unreasonable when he did not object to the trial judge's faulty reasonable doubt instruction directing the… |
| 19-5690 |
Seth DiSanto v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
campbell-v-state constitutional-law criminal-procedure due-process ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-withdrawal rule-3.172(g) strickland-standard strickland-v-washington |
Whether the Eleventh Circuit Court of Appeals erred |
| 19-5691 |
Roxanne Marie Carpenter v. United States |
Ninth Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
attorney-client-privilege conspiracy conspiracy-liability criminal-procedure criminal-procedure-rules duress-defense ninth-circuit-rule pinkerton-instruction pinkerton-liability pre-trial-disclosure work-product work-product-doctrine work-product-privilege |
Whether the Ninth Circuit's Vasquez-Landaver rule requiring pretrial public disclosure of defense strategy contravenes criminal-procedure rules and at… |
| 19-5692 |
Larry Dean Cochrun v. Bob Dooley, Warden |
Eighth Circuit |
2019-08-23 |
Denied |
Relisted (2)IFP |
brady-violation civil-rights constitutional-violation court-flexibility criminal-procedure due-process equal-protection error-correction habeas-corpus innocence judicial-review miscarriage-of-justice standing statutory-authority wrongful-conviction |
Has US Congress constrained or given flexibility for USA Judges or Courts to deny or delay a miscarriage of justice as surfaced within a reach to be c… |
| 19-5693 |
Harlow Hutchinson v. Louisiana |
Louisiana |
2019-08-23 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict |
Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 19-5697 |
Felipe Vinagre-Hernandez v. United States |
Fifth Circuit |
2019-08-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure detention detention-motion federal-rules-of-criminal-procedure indictment judicial-interpretation jurisdiction legal-timing pretrial-motion speedy-trial-act |
Whether a motion for detention filed before an indictment or information charging a person has been obtained is a pretrial motion within the meaning o… |
| 19-5699 |
Robert Gray v. United States |
Fifth Circuit |
2019-08-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
commerce-clause criminal-law criminal-procedure criminal-statute due-process federal-firearms-law federal-jurisdiction federal-law firearm-possession firearms interstate-commerce jurisdictional-element mens-rea statutory-interpretation |
Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no … |
| 19-5668 |
Jerry Ellis, aka Jerry Leonard Ellis v. Noel Barlow-Hust, Warden |
Ninth Circuit |
2019-08-22 |
Denied |
Response WaivedIFP |
civil-rights-counsel continuance due-process ineffective-assistance sixth-amendment trial-preparation appeals civil-rights constitutional-rights criminal-procedure district-court due-process federal-procedures habeas-corpus ineffective-assistance post-conviction post-conviction-relief standing |
Whether the United States District Court for the District of Idaho erred in denying the petitioner's motion for counsel on post-conviction appeal |
| 19-5669 |
Matthew Davis v. United States |
Eighth Circuit |
2019-08-22 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-to-distribute constructive-amendment criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions |
Whether Petitioner is entitled to further consideration on his initial motion under 28 U.S.C. 2255 that his trial counsel was ineffective for failing … |
| 19-5644 |
Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-21 |
Denied |
IFP |
criminal-procedure does-judicial-confession double-jeopardy due-process due-process-clause fifth-amendment fourteenth-amendment habeas-corpus indigent-defendant judicial-confession legal-assistance legal-assistance-clause sixth-amendment without-prior-appointment-of-counsel without-waiver |
Does judicial confession in this case, without a waiver and without prior appointment of counsel for an indigent defendant, violate the Legal Assistan… |
| 19-5654 |
Shederro Lemarc Brooks v. United States |
Fifth Circuit |
2019-08-21 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-statute due-process federal-firearms-law federal-law firearm-possession interstate-commerce jurisdictional-element mens-rea statutory-interpretation |
Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no … |
| 19-5655 |
Chadwick N. Barner v. Illinois |
Illinois |
2019-08-21 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process equal-protection fair-trial illinois-supreme-court-rule-431(b) impartial-jury jury-selection post-conviction-relief sixth-amendment voir-dire |
Whether the trial court violated the defendant's constitutional rights by failing to properly administer the jury selection process under Illinois Sup… |
| 19-5660 |
Alfonso Sanchez v. Pennsylvania |
Pennsylvania |
2019-08-21 |
Denied |
IFP |
circuit-split criminal-procedure double-jeopardy due-process fifth-amendment jury-verdict mistrial oregon-v-kennedy prosecutorial-misconduct reversal-of-conviction |
Does the Double Jeopardy Clause bar retrial when a prosecutor's misconduct, committed for the purposes of diminishing a defendant's chance of acquitta… |
| 19-227 |
Adnan Syed v. Maryland |
Maryland |
2019-08-21 |
Denied |
Amici (3) |
constitutional-review criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-review jury-disbelief jury-evaluation prejudice prejudice-analysis standard-of-review state-case-presentation state-prosecution strickland-standard strickland-v-washington |
Whether a court evaluating prejudice under Strickland v. Washington must take the State's case as it was presented to the jury or may hypothesize that… |
| 19-230 |
Douglas Prade v. Ohio |
Ohio |
2019-08-21 |
Denied |
|
burden-of-proof criminal-procedure due-process federal-criminal-procedure fourteenth-amendment newly-discovered-evidence state-courts state-criminal-procedure trial-rights |
Does Ohio's uniquely elevated burden of proof for new trials based on newly discovered evidence violate the Fourteenth Amendment's Due Process Clause? |
| 19-5630 |
Roosevelt Stolden v. California |
California |
2019-08-20 |
Denied |
Response WaivedIFP |
alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentencing criminal-procedure criminal-sentencing due-process judicial-fact-finding preponderance-of-evidence sentencing sentencing-guidelines stare-decisis |
Should the Court reconsider its majority opinion in Oregon v. Ice |
| 19-5633 |
James F. Johnson v. Richard S. Tischner, Director, Court Services and Offender Supervision Agency, et al. |
District of Columbia |
2019-08-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure custodial-authority due-process habeas-corpus judicial-review parole public-records sex-offender-registration standing |
Whether the court below waived its policy of not reviewing or overturning decisions from the D.C. Appeals Court |
| 19-5634 |
Daniel Marquez v. United States |
Ninth Circuit |
2019-08-20 |
Denied |
Response WaivedIFP |
9th-circuit appellate-review criminal-procedure criminal-sentencing downward-adjustment minor-role ninth-circuit sentencing sentencing-adjustment statutory-interpretation supreme-court-rule-10 ussg-3b1.2 |
Whether the U.S. Court of Appeals for the 9th Circuit erred in affirming the lower court's decision to deny a minor-role adjustment |
| 19-5642 |
John Emmett Brown, Jr., and Derrick Louis Carter v. United States |
Ninth Circuit |
2019-08-20 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland criminal-procedure due-process duress-defense exculpatory-evidence government-disclosure materiality prosecutorial-misconduct witness-testimony |
In the context of a duress defense, is the government's untimely disclosure of exculpatory evidence material under Brady v. Maryland? |
| 19-5645 |
Thomas Potts v. California |
California |
2019-08-20 |
Denied |
IFP |
burden-of-proof criminal-procedure due-process jury-instruction jury-instructions possession-of-stolen-property reasonable-doubt robbery robbery-murder theft |
Where a criminal defendant is charged with robbery (and thus death-eligible robbery-murder) and the jury must decide whether the prosecution proved ro… |
| 19-5646 |
Brian Caputo v. United States |
Ninth Circuit |
2019-08-20 |
Denied |
Response WaivedIFP |
cognitive-capacity cognitive-impairment competency criminal-procedure criminal-procedure-plea-bargaining due-process knowing-intelligent-waiver mental-capacity neurological-impairment neurology plea-agreement |
Does a defendant knowingly, voluntarily, and intelligently enter into a plea agreement where he is neurologically incapable of understanding the futur… |
| 19-5631 |
Joe Fernandez v. United States |
Second Circuit |
2019-08-19 |
Denied |
Response WaivedIFP |
18-usc-924c aider-and-abettor aider-and-abettor-liability aiding-and-abetting criminal-liability criminal-procedure criminal-procedure-error-analysis harmless-error jury-instruction rosemond-standard rosemond-v-united-states statutory-interpretation sufficiency-of-evidence |
Whether the failure to give an instruction on aider and abetter liability for a violation of 18 U.S.C. § 924(c) that comported with this Court's decis… |
| 19-5638 |
Jeffrey E. Lee v. Florida |
Florida |
2019-08-19 |
Denied |
Response RequestedRelisted (2)IFP |
betterman-v-montana constitutional-rights criminal-procedure delay due-process indigent-defendant right-to-counsel sentencing sentencing-delay standard |
Does the due process clause create an entitlement to a reasonably prompt sentencing hearing, and what is the analytical standard to determine when del… |
| 19-5639 |
Kirby D. Crawford v. Georgia |
Georgia |
2019-08-19 |
Denied |
IFP |
civil-rights criminal-procedure deprivation-of-rights due-process evidence-of-proof evidentiary-standards fair-trial grand-jury indictment judicial-error legal-procedure petitioner standing trial-court |
Whether the trial court erred in charging my client with crimes not assessed by the grand jury prior to the trial |
| 19-208 |
Mark A. Beckham v. United States |
Eighth Circuit |
2019-08-19 |
Denied |
|
appellate-review constitutional-rights criminal-procedure due-process harmless-error jury-instruction jury-instructions reasonable-doubt standard-of-review |
When is it constitutionally permissible for an appellate court to conclude that a district court's refusal to instruct the jury as to two elements of … |
| 19-213 |
Charles Fischer v. Texas |
Texas |
2019-08-19 |
Denied |
Response Waived |
appellate-review character-evidence constitutional-law criminal-conviction criminal-law due-process propensity-evidence propensity-inference statutory-interpretation texas-court-of-appeals texas-statute |
Whether the Due Process Clause is offended by a statute that authorizes criminal convictions on the basis of character conformity and propensity |
| 19-216 |
Harold Persaud v. United States |
Sixth Circuit |
2019-08-19 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure daubert-standard district-court-opinion district-court-review due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judgment-of-conviction merits-review motion-to-vacate standard-of-review |
Whether Reasonable Jurists Could Debate the Denial of Petitioner's Motion to Vacate and Set Aside his Judgment of Conviction |
| 19-201 |
Roger S. Hanson v. Jennifer Allert |
California |
2019-08-16 |
Denied |
|
attorney-fees california-evidence-code civil-procedure constitutional-interpretation court-of-appeals due-process evidence evidence-code-1402 property-rights property-titles real-property standing |
Whether the ruling made by the state trial court granting the motion under California Evidence Code 1402 foreclosed Respondent's efforts to seek attor… |
| 19-203 |
David Greenberg v. United States |
Second Circuit |
2019-08-16 |
Denied |
Response Waived |
appellate-review circuit-court-review cooperation-agreement criminal-procedure criminal-sentencing reasonableness reasonableness-of-sentence reasonableness-standard second-circuit sentence-disparity sentencing sentencing-disparities sentencing-guidelines unwarranted-disparity |
Did the Second Circuit err in affirming Petitioner David Greenberg's sentence without addressing the sentencing court's failure to consider the proper… |
| 19-5613 |
Luis Samayoa-Castillo v. United States |
Eleventh Circuit |
2019-08-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-discretion federal-sentencing-guidelines gall-v-united-states harmless-error molina-martinez-v-united-states rosales-mireles-v-united-states sentencing sentencing-error |
Whether the district court's reliance on a clearly erroneous fact in selecting the defendant's sentence was harmless error |
| 19-5614 |
Robert Ricks v. United States |
Fifth Circuit |
2019-08-16 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure defense-witness due-process fifth-amendment immunity perjury perjury-threat prosecutorial-misconduct sixth-amendment witness-immunity witness-intimidation |
Whether the grant of use and derivative use immunity to a defense witness cured the government's misconduct when the case agent threatened the defense… |
| 19-5619 |
Leonardo R. German v. Jerry Goodwin, Warden |
Fifth Circuit |
2019-08-16 |
Denied |
IFP |
competency constitutional-rights consular-assistance consulate-assistance criminal-procedure double-jeopardy due-process habeas-corpus mental-health miranda-rights sanity-hearing |
Did Mr. German possess a Constitutional right to a SANITY-COMMISSION-HEARING, after his new lawyer raised issues as to his competency prior to the sta… |
| 19-5620 |
Damien Hyde v. Illinois |
Illinois |
2019-08-16 |
Denied |
IFP |
5th-amendment civil-rights coerced-statements confrontation-clause constitutional-rights criminal-evidence criminal-procedure due-process evidence non-defendant-witnesses substantive-evidence witness-testimony |
Whether the admission of coerced statements by non-defendant witnesses deprives a defendant of due process of law when used as substantive evidence of… |
| 19-5623 |
Deshawn Legrier v. United States |
Second Circuit |
2019-08-16 |
GVR |
IFP |
18-usc-922 18-usc-924 criminal-indictment criminal-procedure due-process federal-jurisdiction firearms firearms-possession indictment knowingly-element rehaif-standard rehaif-v-united-states statutory-interpretation subject-matter-jurisdiction |
Whether the district court lacked subject-matter jurisdiction where the indictment for violating § 922(g)(1) did not charge the defendant with any off… |
| 19-5624 |
Zachary William Hicks v. United States |
Ninth Circuit |
2019-08-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing due-process hicks-factors ineffective-assistance judicial-review sentencing-factors sentencing-guidelines sentencing-review sixth-amendment trial-court-discretion |
Whether the Trial Court Imposed an Unreasonable Sentence by Failing to Adequately Consider Hicks' Factors and Whether Trial Counsel Rendered Ineffecti… |
| 19-5592 |
Dawud Spaulding v. Ohio |
Ohio |
2019-08-15 |
Denied |
IFP |
capital-defendant capital-punishment defense-counsel due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-presumption post-conviction post-conviction-proceedings record record-evidence standard-of-review strategic-decision strategic-decision-making |
Should courts presume defense counsel acted strategically, even when the evidence in the record demonstrates a lack of strategy in their actions? |
| 19-5596 |
Eric T. Latham v. United States |
Sixth Circuit |
2019-08-15 |
Denied |
Relisted (2)IFP |
4th-amendment arizona-v-gant civil-rights criminal-procedure evidence fourth-amendment minor-traffic-offense probable-cause search-incident-to-arrest traffic-offense vehicle-search |
Whether the search incident to arrest exception permits police officers to conduct a search based on probable cause for a minor traffic offense and bo… |
| 19-5598 |
Wade Hampton Bigelow, aka Ray Ford Gore v. United States |
Fifth Circuit |
2019-08-15 |
Denied |
Response WaivedIFP |
civil-rights competence-to-stand-trial competency constitutional-rights criminal-procedure discrimination due-process ineffective-assistance-of-counsel insanity-defense judicial-discretion mental-competency mental-health mental-health-records psychiatric-evaluation |
Whether the District Court failed to rule consistent with the Insanity Defense Reform Act |
| 19-5602 |
Kirk Wayne McBride, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-15 |
Denied |
IFP |
administrative-agency administrative-law civil-rights constitutional-rights criminal-procedure declaratory-relief due-process exclusionary-rule exhaustion-of-remedies federal-jurisdiction fourth-amendment habeas-corpus probable-cause search-and-seizure standing |
Whether the court of appeals erred by concluding that the petitioner's federal habeas corpus claim under 28 U.S.C. Section 2241 rather than under Titl… |
| 19-5569 |
Gary L. Brown v. Pennsylvania |
Pennsylvania |
2019-08-14 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment actual-innocence constitutional-rights criminal-procedure dna-evidence due-process judicial-review wrongful-conviction |
Whether the lower courts erred in denying the petitioner due process by prohibiting him from proving his actual innocence |
| 19-5588 |
Luis Ordonez-Vega v. United States |
Fourth Circuit |
2019-08-14 |
Denied |
Response WaivedIFP |
appeal appellate-counsel civil-rights conflict-of-interest criminal-procedure due-process inadequate-representation-of-counsel ineffective-assistance ineffective-assistance-of-counsel merit-review section-2255 waive waiver |
Did conflict of interest arise when appellate counsel's failed to raise non-frivolous merit(s) 'ineffective assistance of counsel' on defendant's firs… |
| 19-5589 |
Marlon Leroy Porch v. T. Watson, Warden |
Fifth Circuit |
2019-08-14 |
Denied |
Response WaivedIFP |
criminal-procedure fundamental-defect maximum-sentence saving-clause sentence-review sentencing sentencing-enhancement statutory-interpretation statutory-maximum |
Whether a fundamental defect is sufficient to satisfy the saving clause where petitioner's erroneous sentence fell beneath the statutory maximum |
| 19-5552 |
Kevin Devon Sutton v. Nevada |
Nevada |
2019-08-13 |
Denied |
IFP |
appellate-procedure civil-rights constitutional-law constitutional-provisions criminal-procedure due-process equal-protection free-speech judicial-review legal-rights sentencing statutory-interpretation statutory-provisions |
Whether Section 5 actually violates the First Amendment? |
| 19-5553 |
Angela Roy v. United States |
Fifth Circuit |
2019-08-13 |
Denied |
IFP |
admissibility character-evidence circuit-split evidence-rule federal-rules federal-rules-of-evidence judicial-exception limits standards |
Whether the widely criticized 'inextricably intertwined' or 'intrinsic evidence' family of exceptions to Federal Rule of Evidence 404(b) lack meaningf… |
| 19-5562 |
Sekou Kouyate v. United States Customs and Border Protection |
Second Circuit |
2019-08-13 |
Denied |
Response WaivedRelisted (2)IFP |
appeals civil-procedure civil-rights criminal-procedure due-process free-speech habeas-corpus ineffective-assistance-of-counsel standing takings |
Whether the petitioner's constitutional rights were violated when the lower court denied his claims of ineffective assistance of counsel and due proce… |
| 19-5563 |
Ian Alexander Bowline v. United States |
Tenth Circuit |
2019-08-13 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure plain-error plain-error-review pretrial-motions timeliness waiver |
Whether an appellate court can review a defense, objection, or request that is not timely made under Federal Rule of Criminal Procedure 12 for plain e… |
| 19-5575 |
Antwaine Enta Yarbrough v. United States |
Fifth Circuit |
2019-08-13 |
Denied |
Relisted (2)IFP |
criminal-law criminal-procedure drug-offense due-process federal-jurisdiction habeas-corpus precedent sentencing sentencing-guidelines statutory-interpretation statutory-provisions supreme-court supreme-court-review |
Whether this Court should hold the instant petition in light of Shular v. United States |
| 19-5581 |
William Henry Stephens, Jr. v. United States |
Fourth Circuit |
2019-08-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion knowing-and-intelligent plea-bargaining right-to-counsel right-to-jury-trial voluntariness |
Whether a Court can Rightfully Accept a Defendant's Guilty Plea when Such Plea was Not Made Knowingly and Intelligently |
| 19-5536 |
Gabriel Vashon Seay v. United States |
Fourth Circuit |
2019-08-12 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process ineffective-assistance ineffective-counsel investigation legal-investigation plea-agreement plea-bargaining right-to-counsel strickland-standard strickland-v-washington |
Where Strickland v. Washington serves as the current case law protecting an accused's right to fair and competent assistance of legal counsel, there a… |
| 19-5556 |
Regina Lewis v. United States |
Second Circuit |
2019-08-12 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure criminal-procedure criminal-prosecution due-process federal-jurisdiction federal-magistrate federal-state-balance procedural-violation rule-of-lenity standing statutory-interpretation title-18-usc-115 |
Did United States Magistrate Gabriel Gorenstein violate the Fed. R. Civ. P. Rule 4 (b) |
| 19-5558 |
Frank Stephon Johnson v. Correct Care Solutions, et al. |
Fourth Circuit |
2019-08-12 |
Denied |
Response WaivedIFP |
14th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-care medical-conditions punishment |
Whether the defendants' deliberate indifference to the petitioner's serious medical needs violated the Eighth Amendment |
| 19-5530 |
Leroy Lyons v. Thomas Winn, Warden |
Sixth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process federal-procedure habeas-corpus innocence judicial-review legal-interpretation procedural-rights statutory-construction wrongful-conviction |
Question not identified |
| 19-5532 |
Timothy W. Sparrow v. Rusty Washburn, Warden |
Sixth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-defective-indictment,double-jeo due-process evidentiary-rulings indictment-defect ineffective-assistance judicial-misconduct jury-representation jury-selection prosecutorial-misconduct sufficiency-of-evidence |
Was the indictment defective? |
| 19-5537 |
Benjamin Escobedo v. Texas |
Texas |
2019-08-09 |
Denied |
IFP |
6th-amendment appellate-review constitutional-provisions constitutional-rights criminal-procedure criminal-procedure-defects-indictment due-process indictment jurisdiction motion-to-close motion-to-quash sixth-amendment trial-court |
Did the Trial Court err when it overruled Appellants Motion to Quash the Amended Indictment? |
| 19-5538 |
Timothy Jamaras Burns v. United States |
Fifth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process fifth-circuit habeas-corpus plea-agreement plea-bargaining section-2255 waiver-of-appeal |
Whether the Fifth Circuit erred by ruling that Mr. Burns § 2255 claims are barred by the Waiver of Appeal provision in his Plea Agreement |
| 19-5539 |
Nicholas Gilbert Beattie v. United States |
Eighth Circuit |
2019-08-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
breach-of-contract contract-law criminal-procedure due-process ethics plea-agreement prosecutorial-conduct prosecutorial-misconduct sentencing sentencing-recommendation |
Whether the prosecutor's conduct in speaking out of both sides of his mouth with respect to a sentencing recommendation they had agreed to make is a b… |
| 19-5542 |
Robert Maloy v. New York |
New York |
2019-08-09 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection legal-assistance post-release-supervision sentencing state-court unusual-punishment |
Did the Auton Couty Supreme Court violate Petitioner's right to the due process of the law and right to the equal protection of the law by failing to … |
| 19-5544 |
Overille Denton Thompson, Jr. v. Texas |
Texas |
2019-08-09 |
Denied |
IFP |
appellate-review barker-default constitutional-rights criminal-procedure discretionary-review due-process fundamental-right lower-courts presumption-against-waiver procedural-default speedy-trial texas-court-of-criminal-appeals |
Did the Texas Court of Criminal Appeals err in refusing to grant Mr. Thompson's petition for discretionary review, and therefore, sanction the lower c… |
| 19-5547 |
Ronny Lee Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-09 |
Denied |
IFP |
abandonment-of-claim abandonment-of-defense certificate-of-appealability constitutional-claim counsel-statement-of-guilt counsel-statements criminal-procedure due-process ineffective-assistance ineffective-counsel right-to-autonomy right-to-counsel |
Whether COA should have been granted based on petitioner's right to autonomy when his counsel abandoned petitioner's claim of not guilty when counsel … |
| 19-5549 |
Anthony Dion Collins v. Francisco Lara, Warden |
Fifth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fundamental-defect habeas-corpus judicial-review saving-clause sentencing sentencing-error statutory-maximum |
Whether a fundamental defect is sufficient to satisfy the saving clause where petitioner's erroneous sentence fell beneath the statutory maximum? |
| 19-184 |
United States v. Richard D. Collins |
Armed Forces |
2019-08-09 |
Judgment Issued |
Amici (1)Relisted (2) |
armed-forces court-of-appeals-for-armed-forces criminal-procedure due-process military-justice precedent rape rape-prosecution statute-of-limitations uniform-code-of-military-justice |
Whether the Court of Appeals for the Armed Forces erred in concluding—contrary to its own longstanding precedent—that the Uniform Code of Military Jus… |
| 19-5497 |
John McGill v. United States |
Eleventh Circuit |
2019-08-08 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
burden-of-proof constitutional-rights criminal-procedure due-process fifth-amendment jury-instructions pattern-jury-instructions reasonable-doubt sixth-amendment |
When a district court issues erroneous jury instructions that include (a) to consider conviction with less than guilt beyond all reasonable doubt and … |
| 19-5504 |
In Re Joel Diaz-Hinirio |
|
2019-08-08 |
Denied |
Response WaivedIFP |
adversarial-testing conviction-integrity criminal-procedure due-process habeas-corpus incarceration ineffective-assistance-of-counsel judicial-review right-to-counsel |
Whether denial of appointment of counsel to petitioner would be tantamount to petitioner facing incarceration on a conviction that has never been subj… |
| 19-5510 |
Maurice Patrick Fortune, III v. Virginia |
Fourth Circuit |
2019-08-08 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process felony-prosecution grand-jury indictment magistrate-warrant sentencing substantive-due-process |
Whether a fatico hearing or sentencing hearing can substitute for the qualifications of a formal trial |
| 19-5513 |
Charles Head v. United States |
Ninth Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
court-appointed-attorney court-appointed-counsel criminal-procedure defiance-of-request due-process federal-procedure habeas-corpus ineffective-assistance legal-remedy petition-filing petition-for-certiorari right-to-counsel statutory-right statutory-rights timely-filing writ-of-certiorari |
What remedy is available for petitioner when court-appointed attorney failed to file timely petition for writ of certiorari in defiance of the petitio… |
| 19-5516 |
Rayshawn Roshard Robertson v. United States |
Eleventh Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
28-usc-2255 burden-of-proof constitutional-law constitutional-provision criminal-defendant criminal-procedure criminal-relief federal-procedure retroactive-application retroactive-constitutional-decision section-2255 sentencing sentencing-review statutory-interpretation statutory-maximum |
Whether a criminal defendant moving for relief under 28 U.S.C. § 2255 can satisfy his burden of proof by showing his sentence may have been based on a… |
| 19-5522 |
Berson Marius v. United States |
Eleventh Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure due-process factual-proffer ineffective-assistance ineffective-assistance-of-counsel judicial-conduct judicial-fact-finding plea-bargaining rule-11 |
Whether the district court judge can elicit additional facts during a factual proffer |
| 19-5460 |
Jose Ortega v. United States |
Ninth Circuit |
2019-08-07 |
Denied |
IFP |
18-usc-924c categorical-approach court-of-appeals criminal-law criminal-procedure grant-vacate-remand residual-clause section-924c sentencing statutory-interpretation united-states-v-davis |
Whether the Court should grant, vacate, and remand Mr. Ortega's case in light of United States v. Davis |
| 19-5484 |
Geoff Edwin Murphy v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-08-07 |
Denied |
IFP |
attempted-homicide constitutional-rights criminal-procedure discrimination due-process federal-claims forfeiture jury-instructions legal-procedure state-court-rule state-trial-court |
Whether the state trial court deprived the petitioner of his right to due process by instructing the jury on justifiable attempted homicide |
| 19-5494 |
Sobhy Fahmy Amin Iskander v. Dean Borders, Warden |
Ninth Circuit |
2019-08-07 |
Denied |
IFP |
civil-rights collateral-challenge constitutional-rights criminal-procedure due-process federal-courts federal-rules-of-procedure habeas-corpus judicial-reconsideration newly-discovered-evidence post-conviction-relief sentencing standing |
Whether Mr. Iskander's constitutional rights were violated when he was denied the opportunity to testify with new information and knowledge about his … |
| 19-5501 |
Mandrail Jamar Woodberry v. United States |
Fourth Circuit |
2019-08-07 |
GVR |
IFP |
appellate-procedure counsel-withdrawal criminal-appeal criminal-procedure due-process fourth-circuit jurisdiction rehaif rehaif-decision rehaif-v-united-states statutory-interpretation supreme-court-review withdrawal-of-counsel |
Whether the court should vacate the opinion of the 4th Circuit and remand for further proceedings in light of Rehaif v. United States |
| 19-5455 |
Jesus Rios-Garza v. United States |
Fifth Circuit |
2019-08-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-5441 |
Louis Mercado v. Jacob Sorey, Warden, et al. |
Florida |
2019-08-06 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-constitution habeas-corpus post-conviction-relief procedural-due-process property-rights standing state-statute takings |
Whether the petitioner's right to the writ of certiorari was unconstitutionally denied by the Florida appellate court |
| 19-5444 |
Andrew Blake Moorehead v. United States |
Sixth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure exclusionary-rule fourth-amendment good-faith-exception jurisdiction jurisdiction-limitation network-investigative-technique void-ab-initio warrant warrant-validity |
When a warrant is void ab initio, does the Good-Faith exception to the exclusionary rule apply? |
| 19-5449 |
Richard Shelley v. United States |
Eleventh Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
batson-challenge batson-v-kentucky constitutional-violation criminal-procedure due-process fair-trial jury-selection peremptory-strike sixth-amendment sixth-amendment-right-to-fair-trial |
Whether the district court erred in finding that Shelley failed to object to the government's use of a peremptory strike, thereby causing a 5th Amendm… |
| 19-5450 |
Paul Suarez v. United States |
Fifth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
18-usc-924c appeal conviction criminal-conviction criminal-procedure drug-trafficking firearm-offense jury-unanimity law-of-the-case legal-sufficiency manifest-injustice sufficiency-of-evidence |
Did the panel err by holding that the 'law of the case' governed its decision in holding that the evidence was legally sufficient to sustain the petit… |
| 19-5453 |
Juan Pablo Revelo Salcedo v. United States |
Fifth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
affidavit appointment-of-counsel civil-procedure criminal-procedure declaration financial-disclosure in-forma-pauperis ineffective-assistance judicial-access motion motion-to-substitute-counsel poverty poverty-affidavit pro-se-litigation redress right-to-counsel sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint new counsel when a defendant expresses dissatisfactio… |
| 19-5462 |
Wayne Pettaway v. Michael Clark, Superintendent, State Correctional Institution at Albion |
Third Circuit |
2019-08-06 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-prejudice magistrate-bias |
Was there grounds for a lawful warrant for my arrest? |
| 19-5468 |
Tara Glass v. United States |
Third Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ex-parte-communication ex-parte-communications fair-trial judicial-complaint judicial-integrity judicial-misconduct liberty-interest liberty-interests right-to-marry supervised-release |
Whether a Chief Circuit Judge should be required to notify a criminal Defendant once a non-party submits a pre-trial judicial misconduct complaint as … |
| 19-5471 |
J. A. M. v. New Jersey |
New Jersey |
2019-08-06 |
Denied |
IFP |
5th-amendment ambiguous-request appellate-division appellate-review criminal-procedure due-process fifth-amendment interrogation right-to-counsel |
Did the Appellate Division err by ignoring the fact that petitioner-defendant was denied his Fifth Amendment right to have counsel present during inte… |
| 19-5473 |
Samuel Benzant v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-08-06 |
Denied |
IFP |
28-usc-2253 appellate-procedure certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel sixth-amendment standard-of-review |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) |
| 19-5474 |
Terry Lee Carlson v. United States |
Eighth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
computer-search district-court due-process evidence evidence-suppression fourth-amendment jurisdiction search-limitation search-warrant territorial-jurisdiction venue warrant-scope |
Did the Eighth Circuit Court of Appeals disregard plain and unambiguous language in the search warrant limiting searches to the computers located in t… |
| 19-5479 |
Gregory Waddell Hayes v. United States |
Fourth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure double-jeopardy due-process federalism fifth-amendment precedent separate-sovereigns sovereign-immunity |
Whether this Court should overrule the separate sovereigns exception to Double Jeopardy |
| 19-5481 |
Jomo Williams v. United States |
Second Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence federal-rule-of-evidence fifth-amendment jury sixth-amendment |
Were Petitioner's Fifth and Sixth Amendment due process rights obliterated |
| 19-5459 |
Edward Lee Carter v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-05 |
Denied |
Relisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process fair-trial impartial-judge judicial-impartiality judicial-misconduct sixth-amendment |
Whether a criminal defendant is constitutionally entitled to a fair trial from an impartial judge who is not corrupt to preside and rule over his tria… |
| 19-5465 |
Isela Alejandra Campos v. United States |
Ninth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
criminal-procedure district-court district-court-error guideline-range guidelines molina-martinez plain-error plain-error-review prejudice prejudice-standard sentencing sentencing-guidelines |
Whether the defendant may rely on the district court's error alone to show prejudice under plain error review |
| 19-162 |
Michael Richards v. Pennsylvania |
Pennsylvania |
2019-08-05 |
Denied |
Response Waived |
collateral-attack collateral-review criminal-procedure due-process equal-protection habeas-corpus judicial-interpretation pena-rodriguez pena-rodriguez-v-colorado racial-bias retroactivity supreme-court-precedent |
Should this Court's decision in Pena-Rodriquez v. Colorado, 187 8, Ct. 855 (2017) be applied retroactively to Petitioner's collateral attack? |
| 19-5446 |
Michael Thomas Balint v. Kelly Santoro, Warden |
Ninth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure critical-stage due-process habeas-corpus harmless-error jury-instructions ninth-circuit right-to-be-present right-to-counsel |
Did the Ninth Circuit incorrectly determine that California's Dixon rule procedurally barred Balint's claim that he was denied his constitutional righ… |
| 19-5448 |
Antolin Torres Abonza v. United States |
Fifth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing deference due-process federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness substantive-reasonableness-review |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-5457 |
Matthew G. Munksgard v. United States |
Eleventh Circuit |
2019-08-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
bank-fraud banking criminal-intent criminal-procedure document-forgery due-process evidence fdic-insurance financial-regulation presumption reasonable-doubt signature-fraud statutory-interpretation |
Whether it is proper to presume that a certificate of FDIC insurance issued 23 years earlier, combined with the statement of a bank officer that FDIC … |
| 19-5458 |
Samantha Winter v. United States |
Fourth Circuit |
2019-08-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment 5th-amendment criminal-procedure custodial-interrogation evidence evidence-admission harmless-error miranda-warnings motion-to-suppress rule-404b search-and-seizure warrantless-search |
whether-miranda-rights-were-violated |
| 19-5434 |
Juan Fletcher Gordillo v. United States |
Eleventh Circuit |
2019-08-02 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review constitutional-law constitutional-requirements constitutional-review criminal-procedure due-process eleventh-circuit first-impression judicial-review sentencing sentencing-guidelines |
Whether this Court should review the decision of the Eleventh Circuit Court of Appeals to determine whether the decision in this case of apparent firs… |
| 19-5435 |
Steven Eason v. Mississippi |
Mississippi |
2019-08-02 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy double-jeopardy-clause due-process jurisdiction sexual-battery subject-matter-jurisdiction |
Whether the defendant's constitutional rights against double jeopardy are violated when multiple identical sexual battery charges are brought based on… |
| 19-5436 |
Martin Araiza-Jacobo v. United States |
Fifth Circuit |
2019-08-02 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure criminal-procedure-error deliberate-ignorance harmless-error jury-instruction jury-instructions legal-sufficiency standard-of-review sufficiency-of-evidence |
Whether the standard for assessing the harmlessness of an erroneously submitted deliberate-ignorance instruction turns only on the legal sufficiency o… |
| 19-159 |
Carlos Tapia v. New York |
New York |
2019-08-02 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
confrontation-clause criminal-procedure cross-examination due-process evidence memory-loss sixth-amendment testimonial-statement |
Whether a witness's total memory loss prevents him from testifying about his prior out-of-court testimonial statement, and whether the witness's mere … |
| 19-5413 |
John Thomas Rooney v. Georgia |
Georgia |
2019-08-01 |
Denied |
Relisted (2)IFP |
appeal civil-rights constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus jurisdiction plea-bargaining sentencing sentencing-enhancement statutory-jurisdiction unconstitutional unconstitutional-conviction |
Can convictions and sentences imposed by a State Trial Court without Constitutional or statutory subject-matter jurisdiction be used to enhance a 24-y… |
| 19-5423 |
Antonio Rashawne Carr v. Texas |
Texas |
2019-08-01 |
Denied |
IFP |
appeal arraignment arraignment-hearing criminal-procedure due-process grand-jury grandjury-indictment indictment ineffective-assistance-of-counsel sexual-assault |
Whether the court of appeals erred in affirming the trial court's judgment that this was an actual arraignment/indictment proceeding rather than a tri… |
| 19-5425 |
Damien Riley v. United States |
Fourth Circuit |
2019-08-01 |
Denied |
Response WaivedIFP |
appellate-review career-offender criminal-procedure criminal-sentencing due-process residual-clause sentencing-guidelines substantive-reasonableness united-states-code united-states-v-booker |
Whether the district court's sentence is substantively unreasonable in reliance on the career offender guidelines residual clause |
| 19-5428 |
Herron Kent Duckett v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-01 |
Denied |
IFP |
batson-challenge batson-v-kentucky constitutional-provisions criminal-procedure deadly-weapon deadly-weapon-finding evidence ineffective-assistance ineffective-assistance-of-counsel judgment-of-conviction judicial-review strickland-standard strickland-v-washington |
Whether the decision of the court is in conflict with Supreme Court ruling concerning ineffective assistance of counsel |
| 19-5432 |
Kevin Michael-Dorman Beltowski v. Shawn Brewer, Warden |
Sixth Circuit |
2019-08-01 |
Denied |
Response WaivedIFP |
credibility-determinations criminal-procedure criminal-procedure-error due-process evidence-sufficiency harmless-error instructional-error judicial-review jury-instructions newly-discovered-evidence right-to-defense right-to-present-defense sufficiency-of-evidence |
Whether instructional error occurred in a way that conflicts with the Supreme Court's clearly established harmless-error precedents |
| 19-5383 |
Christopher Stacy v. United States |
Eleventh Circuit |
2019-07-31 |
GVR |
IFP |
case-law certiorari criminal-law criminal-procedure judicial-review mens-rea rehaif-standard rehaif-v-united-states remand statutory-interpretation supreme-court supreme-court-precedent vacatur |
Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 139 S. Ct. 2… |
| 19-5403 |
Randy Charriez-Rolon v. United States |
First Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
appeal appellate-ineffectiveness criminal-procedure defendant-silence due-process due-process,self-incrimination,plain-error,ineffec first-circuit-review free-speech plain-error prosecutorial-commentary rule-29-motion silence |
Whether the First Circuit's op/order affirming Petitioner's sentence and conviction finding no plain error when the United States commented on Petitio… |
| 19-5411 |
Kirk Patrick Keshler v. United States |
Fifth Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process factual-basis harmless-error judicial-review plain-error plea-bargaining plea-sufficiency standard-of-review sullivan-v-louisiana |
Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review, or whether, under Sullivan v. Louisiana, 50… |
| 19-5412 |
Jean Claude Phillip McKenzie v. United States |
Sixth Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a 6th-circuit appellate-review criminal-procedure criminal-sentencing district-court history-and-characteristics judicial-discretion nature-and-circumstances sentencing sentencing-factors sentencing-guidelines sentencing-variance |
Whether the district court's upward variance in sentencing was proper |
| 19-5417 |
Travis Wayne Bentley v. Oklahoma |
Oklahoma |
2019-07-31 |
GVR |
Response RequestedRelisted (3)IFP |
appeals civil-procedure criminal-procedure double-jeopardy due-process federal-courts federal-jurisdiction indian-law jurisdiction native-american-rights standing |
Whether the state court had jurisdiction to convict the petitioner under the Major Crimes Act |
| 19-5420 |
Kendrick Terrell v. United States |
Eleventh Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error prior-charges sentence-enhancement sentencing sentencing-calculation sentencing-guidelines sixth-amendment |
Whether the Petitioner's Sixth Amendment Rights were violated |
| 19-5421 |
Charles Earl Davis v. United States |
Fifth Circuit |
2019-07-31 |
GVR |
Response RequestedResponse WaivedRelisted (6)IFP |
appellate-review criminal-procedure due-process factual-error harmless-error judicial-standard legal-interpretation plain-error plain-error-review procedural-review standard-of-review |
Whether factual error is categorically immune from plain error review? |
| 19-5422 |
Michael A. Webb v. United States |
Fifth Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
adam-walsh-act adam-walsh-child-protection-and-safety-act constitutional-rights criminal-procedure criminal-prosecution double-jeopardy ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-guidelines |
Ineffective-assistance-of-counsel |
| 19-5376 |
Alan Lewis Doering v. Wendy Kelley, Director, Arkansas Department of Correction, et al. |
Eighth Circuit |
2019-07-30 |
Denied |
Response WaivedIFP |
5th-amendment civil-procedure civil-rights due-process standing takings confrontation-clause criminal-procedure due-process evidence sixth-amendment sixth-circuit |
Whether the Sixth Circuit Court of Appeals erred in its interpretation of the Confrontation Clause of the Sixth Amendment |
| 19-5377 |
Fairly W. Earls v. United States |
Seventh Circuit |
2019-07-30 |
Denied |
Response WaivedIFP |
circuit-split circuit-splits civil-procedure constitutional-rights criminal-justice-system criminal-procedure federal-rules-of-civil-procedure habeas-corpus rule-60(b)(6) rule-60b6 |
Whether the Criminal Justice System allows Federal Rules of Civil Procedure in Habeas Corpus Cases |
| 19-5379 |
Michael Boyd Crowley v. Texas |
Texas |
2019-07-30 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fifth-amendment miranda-warnings right-to-counsel self-incrimination self-incrimination,right-to-counsel,due-process,fi trial-procedure |
Was the information given by Dr. Dunham sufficient to warn the defendant of the danger of self incrimination? |
| 19-5380 |
In Re Charles L. Cox |
|
2019-07-30 |
Denied |
IFP |
community-supervision criminal-procedure deferred-adjudication due-process equal-protection jurisdiction separation-of-powers vagueness void-for-vagueness |
Is Texas Code of Criminal Procedure, Article 42.1285(a) deferred Adjudication Community Supervision void for vagueness? |
| 19-5392 |
Kurt J. Myrie v. United States |
Ninth Circuit |
2019-07-30 |
Denied |
IFP |
18-usc-371 18-usc-924c crime-of-violence criminal-procedure criminal-procedure-retroactivity due-process federal-conspiracy retroactivity violent-crime |
Does the ruling in United States v. Davis apply retroactively to defendants raising motions to vacate their § 924(c) convictions? |
| 19-5396 |
Vincent Anzalone v. United States |
First Circuit |
2019-07-30 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) federal-rules-of-criminal-procedure good-faith-exception government-policy judicial-authority jurisdiction procedural-violation warrant warrant-application |
Whether the good faith exception to the exclusionary rule is categorically applicable to a warrant issued in violation of Federal Rule of Criminal Pro… |
| 19-5397 |
Charles Donelson v. Q. Tanner, et al. |
Seventh Circuit |
2019-07-30 |
Denied |
IFP |
audit-standard circuit-split civil-rights class-action criminal-procedure discovery due-process evidence fraud fraud-on-the-market free-speech securities-law standing supreme-court-precedent takings |
Whether the Seventh Circuit's application of the 'dark web' doctrine creates a circuit split |
| 19-5400 |
Jason Alston v. Prairie Farms Dairy, Inc., dba Luvel |
Fifth Circuit |
2019-07-30 |
Denied |
IFP |
admissibility civil-procedure dispositive-motion district-court evidence evidence-admissibility evidence-hearing evidentiary-hearing hearing judicial-procedure jurisdiction legal-motion |
Whether the Respondent's Declarations submitted with their Dispositive Motion inadmissible evidence? |
| 19-5407 |
Fabian Delgado v. United States |
Fifth Circuit |
2019-07-30 |
Denied |
Response WaivedIFP |
consideration contract contract-law criminal-procedure defendant-benefit due-process legal-principle plea-agreement sentencing |
Whether principles of contract law require consideration (benefit to the defendant) to support a valid plea agreement |
| 19-141 |
Jeffrey Fairbanks v. Indiana |
Indiana |
2019-07-30 |
Denied |
Response Waived |
criminal-conviction criminal-procedure due-process evidence evidentiary-rules ex-post-facto judicial-construction jury jury-instructions propensity-evidence reasonable-doubt vague-statute vagueness |
Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity eviden… |
| 19-5371 |
In Re Mary Capri |
|
2019-07-29 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process excessive-fines fourteenth-amendment habeas-corpus miscarriage-of-justice restitution supervised-release |
Can the District Court Deny to Abide with the Supreme Court rulings on Restitution? |
| 19-5374 |
Benson Coriolant v. United States |
Fifth Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
abandoned-claims actual-appeal actual-innocence certificate-of-appealability criminal-justice-act criminal-procedure federal-rules-of-appellate-procedure fifth-circuit pro-se pro-se-litigant procedural-rules |
Whether the Fifth Circuit's holding that the pro se litigant has abandoned any claim(s) not raised in an application for a certificate of appealabilit… |
| 19-5387 |
Shevaun E. Browne v. United States |
Third Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel |
Whether certiorari review should be granted where the Third Circuit affirmed the district court's ruling that trial counsel was not ineffective for fa… |
| 19-5388 |
Marquis Travell Edwards v. United States |
Ninth Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure discovery due-process government-misconduct habeas-corpus pre-indictment-delay preindictment-delay prosecutorial-misconduct tactical-advantage |
Whether the Ninth Circuit Court of Appeals should have granted a certificate of appealability (COA) |
| 19-5302 |
Bryant Keith Williams v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-07-26 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment 8th-amendment appellate-review civil-procedure civil-rights constitutional-violations criminal-procedure cruel-and-unusual-punishment damages due-process free-speech habeas-corpus prosecutorial-misconduct standing |
Whether the State of Florida can impose a life sentence on an individual despite a jury's recommendation of a lesser sentence |
| 19-5309 |
William Dante Mitchell v. United States |
Fifth Circuit |
2019-07-26 |
Denied |
Relisted (2)IFP |
certiorari-petition criminal-procedure criminal-statute due-process firearms-violation habeas-corpus sentencing sentencing-enhancement serious-drug-offense statutory-interpretation statutory-provisions supreme-court violent-felony |
Whether this Court should hold the instant petition in light of Shular v. United States |
| 19-5330 |
Maurice Montrae Parks v. United States |
Fourth Circuit |
2019-07-26 |
GVR |
IFP |
burden-of-proof constitutional-validity criminal-conviction criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions mens-rea rehaif-v-united-states second-amendment statutory-interpretation |
Whether a new trial is warranted where the District Court failed to instruct the jury on a crucial element of 18 U.S.C. § 922(g) |
| 19-5340 |
Carl Prostell v. David Zook, Warden |
Fourth Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
appeal confrontation-clause constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury post-conviction-relief reasonable-doubt sufficiency-of-evidence |
Whether the evidence was sufficient to find guilt beyond a reasonable doubt? |
| 19-5352 |
Hal Bernard Black v. United States |
Eleventh Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
brady-v-maryland civil-rights,due-process,standing,civil-procedure, compulsory-process constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial government-liability notice-requirement procedural-fairness prosecutorial-misconduct |
Whether the lower courts erred in holding that there is no 'fair trial' at all when a defendant is denied the right to present a complete defense by t… |
| 19-5358 |
Victor Manuel Collazo-Gonzalez v. United States |
Fifth Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-interpretation criminal-law criminal-procedure due-process fifth-amendment judicial-review precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-5362 |
Kasine Deleston v. United States |
Second Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
and Ultimately Breached if it Contains an Unfulfi ambiguity breach-of-contract criminal-procedure defendant-rights due-process government-breach government-misconduct plea-agreement plea-bargaining plea-withdrawal sentencing sentencing-stipulation withdrawal-of-plea |
Whether a Plea Can be Ambiguous, and Ultimately Breached if it Contains an Unfulfillable Sentencing Stipulation and the Government Fails to Offer the … |
| 19-5363 |
Richard Curtis v. Lyneal Wainwright, Warden |
Ohio |
2019-07-26 |
Denied |
IFP |
constitutional-law constitutional-violation criminal-procedure double-jeopardy due-process judicial-review merger sentencing void-for-vagueness |
Whether separately imposed sentences prior to merge, constitutes multiple sentences in violation of the Double Jeopardy clause |
| 19-5300 |
Fremo Santana v. United States |
Third Circuit |
2019-07-25 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination guideline-range ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-guidelines sentencing-proceedings |
Whether defense counsel's performance was constitutionally ineffective for erroneously miscalculating petitioner's guideline range which was the decid… |
| 19-5301 |
Aaron Orlando Richards v. Louisiana |
Louisiana |
2019-07-25 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-interpretation criminal-procedure double-jeopardy due-process equal-protection first-degree-murder jury-trial jury-unanimity jury-verdict legislative-amendment non-unanimous-verdict prosecutorial-discretion unanimous-verdict |
Did the appellate court err in its interpretation of Apodaca and Bertrand? |
| 19-5308 |
Oscar Minaya v. United States |
Second Circuit |
2019-07-25 |
GVR |
IFP |
18-usc-924 18-usc-924c civil-rights conviction criminal-law criminal-procedure due-process federal-statute residual-clause sentence sentencing-enhancement statutory-interpretation supreme-court-precedent united-states-v-davis void-for-vagueness |
Whether the residual clause at 18 U.S.C. § 924(c)(3)(B) is void for vagueness |
| 19-5333 |
Charles York Walker, Jr. v. United States |
Fourth Circuit |
2019-07-25 |
GVR |
IFP |
abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 |
Whether a district court abuses its discretion in rejecting plea agreements based on policy disagreements |
| 19-5334 |
Martel Valencia-Cortez v. United States |
Ninth Circuit |
2019-07-25 |
Denied |
IFP |
criminal-procedure due-process evidence eyewitness-identification jury-instruction jury-instructions reliability-factors standing trial-error trial-procedure witness-identification |
Whether a district court commits error in a federal criminal case by failing to provide a specific eyewitness identification instruction |
| 19-5341 |
Roshard Whitehead v. Florida Department of Corrections |
Eleventh Circuit |
2019-07-25 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights constitutional-law criminal-procedure criminal-trial due-process federal-rule-3 fifth-amendment fourth-amendment illegal-search-and-seizure search-and-seizure standing victim-rights |
Whether the courts overlooked federal law and the U.S. Constitution when they overlooked the 4th Amendment exclusionary rule, the 5th Amendment right … |
| 19-5344 |
Felix Adriano Chujoy, aka Felix Chujoy Alvarado v. United States |
Fourth Circuit |
2019-07-25 |
Denied |
Response WaivedIFP |
corrupt-intent criminal-procedure false-testimony grand-jury human-trafficking immigration-violations intent plea-bargain plea-bargaining statutory-interpretation witness-tampering witness-tampering-18-usc-1512(b)(1) |
Witness-tampering |
| 19-5345 |
Mustafa Kamel Mustafa v. United States |
Second Circuit |
2019-07-25 |
Denied |
Response WaivedIFP |
classified-information constitutional-vagueness criminal-procedure defense-investigation due-process first-amendment national-security overbreadth separation-of-powers statutory-interpretation vagueness |
Whether Section 5(a) of the Classified Information Procedures Act, 18 U.S.C. App. 3, is unconstitutionally vague or overbroad due to its potential to … |
| 19-5296 |
Ozzie Davis v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2019-07-24 |
Denied |
Response WaivedIFP |
bruton-v-us criminal-conspiracy criminal-procedure due-process fair-trial-rights jackson-v-virginia prosecutorial-misconduct state-trial sufficiency-of-evidence supreme-court-precedent third-degree-murder |
Whether the Pennsylvania Superior Court's denial of the challenge to the sufficiency of the evidence resulted in an unreasonable application of Suprem… |
| 19-5297 |
Esterlin Appolon v. Arizona |
Arizona |
2019-07-24 |
Denied |
IFP |
civil-rights constitutional-claim criminal-procedure double-jeopardy due-process federal-law judicial-review jurisdiction post-conviction second-amendment sentencing standard-of-review state-court sufficiency-of-evidence unreasonable-application |
Whether the Arizona Supreme Court abused its discretion by dismissing the Petition for Special Action and Motion for Stay? |
| 19-5307 |
James D. Brigman v. United States |
Tenth Circuit |
2019-07-24 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-justice criminal-law criminal-procedure due-process johnson-rule johnson-v-united-states mandatory-guidelines residual-clause retroactivity sentencing sentencing-guidelines statutory-interpretation vagueness void-for-vagueness |
Whether the new rule announced in Johnson applies to the identical residual clause in the mandatory guidelines |
| 19-5316 |
Abelee Bronson v. United States |
Tenth Circuit |
2019-07-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
28-usc-2255 criminal-procedure criminal-sentencing criminal-sentencing-guidelines-mandatory habeas-corpus johnson-v-united-states mandatory-guidelines residual-clause retroactivity sentencing-guidelines sessions-v-dimaya void-for-vagueness |
Whether the new rule announced in Johnson applies to the analogous residual clause in the mandatory guidelines |
| 19-5317 |
Alonzo Vernon v. United States |
Second Circuit |
2019-07-24 |
Denied |
Response WaivedIFP |
appellate-review chapman-v-california constitutional-rights criminal-procedure due-process evidence fair-trial harmless-error jones-v-stinson sixth-amendment |
Whether the Second Circuit's decision in the instant case created a conflict with the Court's decision in Chapman, supra? |
| 19-5320 |
Romon Lamont Dobbins v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2019-07-24 |
Denied |
IFP |
criminal-procedure due-process evidentiary-hearing fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence reasonable-doubt search-and-seizure |
Was Petitioner's Conviction Sustained With Insufficient Evidence Beyond A Reasonable Doubt? |
| 19-5322 |
Ottis J. Cummings, Jr., aka Ottis Junior Cummings, aka Otis Cummings, aka Ottis J. Cummings, aka Otis J. Cummings v. Mississippi |
Mississippi |
2019-07-24 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review legal-procedure right-to-counsel sixth-amendment standing |
Whether Counsel's Ineffective Assistance Deprived the Petitioner of Some Substantive or Procedural Right to which the Law Entitles Him? |
| 19-5323 |
Edwardo De Juan v. Florida |
Florida |
2019-07-24 |
Denied |
IFP |
civil-rights constitutional-provisions criminal-conviction criminal-procedure due-process equal-protection habeas-corpus judicial-review legal-jurisdiction new-trial post-conviction procedural-rights standing state-court statutory-provisions |
Whether the petitioner's due process and equal protection rights were violated when the state court denied his post-conviction motion for a new trial |
| 19-5267 |
Michael St. Hubert v. United States |
Eleventh Circuit |
2019-07-23 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (6)IFP |
18-usc-924c crime-of-violence criminal-procedure due-process eleventh-circuit first-step-act habeas-corpus pending-on-direct-review preclusion pro-se section-2255 successive-2255-motion successive-motion successive-petitions |
Is a criminal defendant's right to Due Process violated by the Eleventh Circuit's rule affording binding force and preclusive effect to a prior panel'… |
| 19-5273 |
Wendolyn Lee v. Amy P. Weirich, et al. |
Sixth Circuit |
2019-07-23 |
Denied |
Response WaivedIFP |
appeals civil-procedure civil-rights criminal-procedure due-process free-speech patent sentencing standing takings |
Whether the lower court erred in its ruling on the legal issues involved in this case |
| 19-5281 |
Ronald Wesley Jiles v. Michigan |
Michigan |
2019-07-23 |
Denied |
IFP |
criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment fifth-amendment-right jury-bias jury-instructions prejudice prosecutorial-misconduct self-incrimination |
Whether a defendant's right to exercise his Fifth Amendment right was prejudiced by the prosecution's comments on it during closing arguments |
| 19-5283 |
Kyle Jason Korte v. United States |
Ninth Circuit |
2019-07-23 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-interpretation criminal-procedure due-process fourth-amendment good-faith-exception illinois-v-krull improper-application judicial-precedent law-enforcement search-and-seizure statutory-interpretation valid-law |
Does the 'good faith exception' outlined in Illinois v. Krull extend to circumstances where the statute remains valid but was improperly applied? |
| 19-5286 |
Adam Patton v. Arkansas |
Arkansas |
2019-07-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defendant criminal-procedure due-process forfeiture right-to-counsel sixth-amendment waiver |
Whether a criminal defendant, who has not knowingly and intelligently waived his Sixth Amendment right to counsel and who clearly requests the assista… |
| 19-5288 |
In Re Otis B. Brascom |
|
2019-07-23 |
Dismissed |
IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection federal-jurisdiction habeas-corpus jurisdiction standing |
Whether the petitioner's constitutional rights were violated by the false complaint and indictment in violation of Rule 12(b)(6) of the Federal Rules … |
| 19-5289 |
Pharoah Brazell v. Louisiana |
Louisiana |
2019-07-23 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing |
Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender? |
| 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… |
| 19-5293 |
Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-07-23 |
Denied |
Relisted (2)IFP |
6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel |
Does pretrial counsel's failure to advise accused of favorable plea offer constitute denial of effective assistance of counsel? |
| 19-5294 |
Abraham Asley Augustin v. United States |
Sixth Circuit |
2019-07-23 |
Denied |
Response WaivedIFP |
28-usc-2255 amendment criminal-procedure criminal-procedure-15a due-process evidentiary-hearing fair-notice federal-rules-civil-procedure fourth-amendment habeas-corpus motion-to-amend pleading responsive-pleading section-2255 standing |
Whether the Fed. R.. Crim. P. 15(a) Motion's right to amend as a-matter of course' a 28 U.S.C. Sec. 2255 before a Responsive pleading is filed can be … |
| 19-5247 |
Charles Michael Hedlund v. Arizona |
Arizona |
2019-07-22 |
Denied |
Relisted (2)IFP |
criminal-procedure death-penalty due-process eddings-v-oklahoma habeas-corpus jury-trial sentencing |
Whether the correction of error under Eddings v. Oklahoma requires resentencing |
| 19-5263 |
Miah Stroud v. Shawn Brewer, Warden |
Sixth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
constitutional-right-to-defense constitutional-rights criminal-conviction criminal-procedure due-process expert-testimony expert-witness felonious-assault insufficient-evidence misidentification police-influence prosecutorial-evidence prosecutorial-misconduct second-degree-murder sufficiency-of-evidence witness-identification |
Did the courts erroneously deny Ms. Stroud's constitutional right to due process when she was convicted of second degree murder and three counts of fe… |
| 19-5264 |
Joseph Hyungseop Shim v. Michael Sexton, Warden |
Ninth Circuit |
2019-07-22 |
Denied |
IFP |
28-usc-2253 appellate-review certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process federal-statute habeas-corpus standing |
Whether Petitioner has made a substantial showing of a denial of a constitutional right to authorize the granting of a certificate of appealability un… |
| 19-5269 |
Reginald Christopher Gilbert v. United States |
Fifth Circuit |
2019-07-22 |
Denied |
IFP |
appellate-procedure appellate-review criminal-law criminal-procedure defendant-rights federal-rules-of-criminal-procedure judicial-review jurisdiction objection reasonableness reasonableness-standard sentencing sentencing-review |
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sente… |
| 19-5270 |
Phyteaf Phequan McCormick v. United States |
Fourth Circuit |
2019-07-22 |
GVR |
IFP |
case-remand criminal-procedure due-process federal-courts federal-law fourth-circuit judicial-interpretation sentencing statutory-construction statutory-interpretation supreme-court supreme-court-review |
Whether the Fourth Circuit's judgment should be vacated and this case remanded for further review in light of this Court's recent opinion in Rehaif v.… |
| 19-5275 |
Richard Michael Mathisen v. United States |
Fourth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-relief right-to-counsel sentencing sentencing-hearing sixth-amendment |
Whether the district court and Fourth Circuit erred in denying Mr. Mathisen's 28 U.S.C. § 2255 motion based on ineffective assistance of counsel |
| 19-5276 |
Marvin F. Taylor v. Ron Neal, Superintendent, Indiana State Prison |
Seventh Circuit |
2019-07-22 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment civil-rights criminal-procedure due-process equal-protection standing |
Question not identified |
| 19-5279 |
Miguel Esparza-Salazar v. United States |
Fifth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure illegal-entry prior-convictions sentencing sentencing-factors sixth-amendment statutory-interpretation statutory-maximum |
Whether a criminal defendant charged with illegal entry under 8 U.S.C. § 1326(b)(1) and (2) is entitled to notice in the indictment of prior convictio… |
| 19-5280 |
Charles D. Tuttoilmondo, Jr. v. Texas |
Texas |
2019-07-22 |
Denied |
IFP |
4th-amendment administrative-law administrative-search border-patrol checkpoint-search civil-rights commercial-vehicles constitutional-reasonableness criminal-procedure drug-interdiction fourth-amendment roving-patrol search-and-seizure special-needs-doctrine |
Does Texas' use of commercial motor vehicle inspectors combined with a roving drug interdiction task force unconstitutionally and unreasonably abuse t… |
| 19-107 |
Vincent Asaro v. United States |
Second Circuit |
2019-07-22 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (3) |
5th-amendment 6th-amendment acquitted-conduct criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial-right sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which t… |
| 19-5215 |
Lowrell Neal v. United States |
Sixth Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
2255-motion appellate-review circuit-court clearly-erroneous criminal-procedure habeas-corpus law-of-the-case manifest-injustice procedural-error sixth-circuit |
Did the Sixth Circuit err by holding the district court properly applied the law-of-the-case to an issue presented in 2255 motion when prior appellate… |
| 19-5221 |
Richard Potts v. United States |
Third Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
civil-rights collateral-review constitutional-claim constitutional-provisions criminal-procedure due-process federal-procedure habeas-corpus ineffective-assistance jurisdiction sentencing standing statutory-interpretation |
Whether collateral review is available to obtain relief under 28 USC § 2255 in the circumstances presented |
| 19-5223 |
Bobby Minnis v. United States |
Eleventh Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
18-usc-3582 criminal-procedure double-jeopardy due-process ex-parte-communication ex-parte-communications federal-sentencing judicial-discretion sentencing-modification state-sentencing |
Whether a federal district judge can amend a final sentence years later to a defendant's detriment |
| 19-5244 |
Larry David Davis v. Brian Daniel, et al. |
Eighth Circuit |
2019-07-19 |
Denied |
IFP |
civil-rights confession-admissibility constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment equal-protection evidence-tampering habeas-corpus sentencing standing trial-fairness |
Whether the petitioner's conviction and sentence violate the Eighth Amendment's prohibition on cruel and unusual punishment |
| 19-5246 |
Jason Rosado v. United States |
Eleventh Circuit |
2019-07-19 |
Denied |
IFP |
18-usc-1203 924(c) certificate-of-appealability constitutional-law crime-of-violence criminal-procedure criminal-procedure-certificate-of-appealability due-process eleventh-circuit habeas-corpus sentencing statutory-interpretation united-states-v-davis |
Whether the Eleventh Circuit Court of Appeals' denial of a Certificate of Appealability should be vacated in light of the Supreme Court's decision in … |
| 19-5254 |
Jose Arroyo v. Illinois |
Illinois |
2019-07-19 |
Denied |
IFP |
corpus-delicti counsel-appointment criminal-procedure discovery dna-evidence due-process evidence ineffective-assistance ineffective-assistance-of-counsel sexual-conduct witness-statement |
Did the State fail to prove the corpus delicti of charges alleging penetration and sexual conduct with Jose Arroyo's mouth where the only proof of tho… |
| 19-5255 |
Frank Lobacz v. United States |
Second Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
28-usc-2255 appellate-review court-of-appeals criminal-procedure due-process habeas-corpus ineffective-assistance judicial-error per-se-ineffectiveness procedural-default second-circuit section-2255 sixth-amendment strickland-v-washington trial-counsel |
Whether the Court of Appeals for the Second Circuit erred in affirming the lower court's denial of Petitioner's 28 U.S.C. § 2255 petition alleging ine… |
| 19-5256 |
Anthony J. Livingstone v. United States |
Armed Forces |
2019-07-19 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-rights criminal-procedure discovery due-process military-justice military-rules-of-evidence prosecutorial-misconduct sixth-amendment special-victims-counsel |
Was the 6th Amendment right to confront witnesses violated due to a misapplication of MRE 412? |
| 19-5259 |
Edgar Armand Hernandez-Castillo v. United States |
Fifth Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
18-usc-3553 criminal-procedure due-process federal-sentencing judicial-discretion jury-trial sentencing-determination sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-minimum |
Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 19-5260 |
Michael Levon Jackson v. United States |
Eleventh Circuit |
2019-07-19 |
GVR |
IFP |
18-usc-922g acquittal constitutional-law constitutional-rights criminal-procedure due-process element-of-crime jury-instruction jury-instructions jury-unanimity reasonable-doubt sentencing |
Does an inaccurate jury instruction on an element of a crime violate due process of law? |
| 19-5261 |
Jorge Baez v. United States |
Eleventh Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
18-usc-924c certificate-of-appealability conviction criminal-procedure criminal-statute due-process due-process,vagueness,18-usc-924(c),criminal-proce eleventh-circuit habeas-corpus statutory-vagueness united-states-v-davis vagueness |
Whether Petitioner is entitled to relief on his claim that 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague and therefore his conviction under 18 … |
| 19-5204 |
Jesus Loya Quezada v. Rick Raemisch, Executive Director, Colorado Department of Corrections, et al. |
Tenth Circuit |
2019-07-18 |
Denied |
Response WaivedIFP |
appeal citizenship civil-rights constitutional-rights criminal-evidence criminal-procedure due-process evidence harmless-error paper-foundation standing state-court uncorroborated-evidence |
Was the evidence allowed at my trial by the State court proper? |
| 19-5205 |
Zachary A. Smith v. John A. Matthews, et al. |
Eighth Circuit |
2019-07-18 |
Dismissed |
IFP |
circuit-split civil-rights due-process evidence evidentiary-motion medical-evidence prisoner-rights pro-se rule-706 summary-judgment |
Should a pro se prisoner be permitted to admit medical information from a reputable website as 'verifying medical evidence' to overcome a motion for s… |
| 19-5230 |
Stephen B. Wlodarz v. Shawn Phillips, Warden |
Tennessee |
2019-07-18 |
Denied |
Response WaivedIFP |
alford-plea criminal-procedure due-process life-sentence parole plea-bargaining sentencing |
Whether Petitioner's Alford guilty plea resulting in a sentence of life in prison without the possibility of parole is legal? |
| 19-5231 |
James D. Thomas, Jr., aka Wayne Thomas v. New York |
New York |
2019-07-18 |
Denied |
IFP |
appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court |
Whether the People failed to establish beyond a reasonable doubt that Jones Thomas Knowingly Possessed the Cocaine? |
| 19-5232 |
Ricky Ray Malone v. Tommy Sharp, Interim Warden |
Tenth Circuit |
2019-07-18 |
Denied |
IFP |
chapman-standard chapman-v-california constitutional-violation criminal-procedure cumulative-error cumulative-error-analysis federal-law harmless-error harmlessness-review plain-error plain-error-review prejudice prejudice-component |
Where plain error review includes a built-in prejudice component, is subjecting an acknowledged plain error to a second round of harmlessness review p… |
| 19-5242 |
Charles Clary v. Lynn Guyer, Warden |
Montana |
2019-07-18 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection free-speech standing takings |
Whether the District Court erred in dismissing the petitioner's claims |
| 19-91 |
Michele Buckner, Warden v. Robert W. Allen |
Missouri |
2019-07-18 |
Denied |
|
consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus habeas-relief juvenile-offender juvenile-sentencing life-without-parole parole-eligibility |
Whether a State may sentence a juvenile offender convicted of multiple crimes to multiple consecutive terms of years in prison under which the offende… |
| 19-95 |
Linda Bolton, et vir v. United States |
Fifth Circuit |
2019-07-18 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process fifth-amendment government-misconduct grand-jury judicial-precedent perjured-testimony tax tax-prosecution |
Whether tax prosecutions can be authorized by the IRS Commissioner instead of the Department of Justice |
| 19-5199 |
Billy John Roberson v. Rowlett Police Department, et al. |
Fifth Circuit |
2019-07-17 |
Denied |
Relisted (2)IFP |
2nd-amendment 2nd-amendment-rights absence-from-crime-scene aggravated-assault-elements assault-elements burden-of-proof conflict-of-interest criminal-procedure due-process insufficient-evidence penal-code second-amendment sentencing-issues standing texas texas-penal-code |
Whether the petitioner received a guilty verdict of aggravated assault with a deadly weapon despite not owning or having access to a firearm |
| 19-5216 |
Nicholas Pagliuca v. United States |
Second Circuit |
2019-07-17 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 vonn-v-united-states |
Whether the plain error standard of Vonn/Dominguez Benitez applies in the context of violations of Fed.R.Crim.P. 11(b)(1)(N), where the defendant rais… |
| 19-5224 |
Lee Chang v. Wisconsin |
Wisconsin |
2019-07-17 |
Denied |
Response WaivedIFP |
brady-violation due-process evidence evidence-translation evidentiary-hearing fair-trial fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel law-enforcement sixth-amendment |
Was recorded evidence by law enforcement and presented by the prosecutor given in a timely manner as well as can it be considered a Brady violation du… |
| 19-5226 |
Patrick Demon Caldwell, II v. Arizona Department of Public Safety, et al. |
Ninth Circuit |
2019-07-17 |
Denied |
Relisted (2)IFP |
arizona-court-system civil-procedure civil-rights constitutional-violation criminal-procedure due-process judicial-misconduct post-conviction-relief rule-of-law standing |
Whether the court erred in not recognizing the presented evidence |
| 19-5169 |
Timothy Stratton v. Mississippi |
Mississippi |
2019-07-16 |
Denied |
Response WaivedIFP |
107 325 U.S. 91 65 S.Ct. 1031 89 L.Ed. 1495 (1945) civil-rights criminal-procedure due-process jurisdiction jury-instructions screws-v-united-states venue |
Whether the trial court failed to instruct the jury on the elements of the crime (venue) as according to Screws v. United States, 325 U.S. 91, 107, 65… |
| 19-5197 |
Eric T. Roden v. United States |
Ninth Circuit |
2019-07-16 |
Denied |
Response WaivedIFP |
appeal article-iii-judge criminal-defendant criminal-procedure defendant-rights due-process federal-sentencing federal-sentencing-guidelines judicial-discretion ninth-circuit sentencing sentencing-guidelines waiver |
Whether a criminal defendant can ever waive a correctly calculated guidelines range for use at a federal sentencing hearing |
| 19-5201 |
Kenneth Medenbach v. United States |
Ninth Circuit |
2019-07-16 |
Denied |
Response WaivedIFP |
18-usc-3561 criminal-procedure criminal-sentencing criminal-sentencing-authority district-court-jurisdiction due-process jurisdiction probation probation-term sentencing-authority statutory-interpretation substantial-rights supervised-release |
Did the District Court err in finding that it has authority under 18 USC §3561(a)(3) to impose a sentence of six months imprisonment and a 5 year term… |
| 19-78 |
John Doe, aka Cheyenne Moody Davis v. United States |
Fourth Circuit |
2019-07-16 |
Denied |
Amici (1)Response Waived |
appellate-review conflict-among-courts constitutional-rights criminal-procedure due-process judicial-discretion jury-instructions reasonable-doubt standard-of-proof trial-court |
Whether a trial court in criminal proceedings must, upon request from the jury, explain the meaning of the 'beyond a reasonable doubt' standard to the… |
| 19-75 |
James Joseph Garner v. Colorado |
Colorado |
2019-07-15 |
Denied |
Amici (2) |
criminal-defendant criminal-procedure due-process eyewitness-identification police-misconduct standing suggestive-identification suggestive-setting trial-procedure witness-testimony |
Whether the Due Process Clause imposes any check on an eyewitness's identification of a criminal defendant in the typically suggestive setting of tria… |
| 19-5168 |
Stephenson Lamar Smith v. Ted Jackson, et al. |
Eleventh Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction prosecutorial-misconduct standing |
Whether the Double Jeopardy Clause of the Fifth Amendment protects an individual from being tried on different charges related to the same offense |
| 19-5175 |
Gregory Green v. Alan Wilson, Attorney General of South Carolina |
Fourth Circuit |
2019-07-15 |
Denied |
IFP |
appeal civil-procedure civil-rights constitutional-rights criminal-procedure discretionary-review due-process equal-protection habeas-corpus ineffective-assistance judicial-review standing |
Whether Couth Caralina Aye late Courd hile IYF Violates due fPOELS aad ogea / yrotedtisn ot Jad, by not entiblag Pethoner thE right th be heard on Gpp… |
| 19-5176 |
Ernest L. Chambliss v. United States |
Eleventh Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
confidential-informant criminal-law criminal-procedure due-process entrapment entrapment-defense evidence felon-in-possession firearm-possession jury-instructions standing |
Whether a defendant who has been charged with possessing a firearm as a convicted felon is entitled to an entrapment instruction when the evidence dem… |
| 19-5177 |
James Alvin Chaney v. United States |
Sixth Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment impartial-jury inter-circuit-split juror-allegation juror-misconduct jury sixth-amendment trial-court trial-procedure |
Is a criminal defendant's Fifth Amendment right of due process and Sixth Amendment right to a trial by an impartial jury violated when the trial court… |
| 19-5178 |
Howard Lester v. Ohio |
Ohio |
2019-07-15 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure essential-element expert-testimony firearms-examination fourth-amendment prosecutor-summation report-admission seizure substitute-analyst summation witness-testimony |
Whether the admission of a non-testifying firearms examiner's report and substitute analyst testimony violated the Confrontation Clause |
| 19-5183 |
Miguel Grado v. United States |
Ninth Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
18-usc-924c circuit-split crime-of-violence criminal-procedure criminal-statute drug-trafficking due-process firearm-use firearms multiple-offenses sentencing sentencing-enhancement statutory-interpretation |
Whether a conviction under 18 U.S.C. § 924(c) for using a firearm to further a crime of violence or drug-trafficking crime may rest on more than one u… |
| 19-5184 |
Kristopher Courtney v. United States |
Sixth Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process habeas-corpus in-forma-pauperis ineffective-assistance-of-counsel poverty sentencing standing |
Whether the Sixth Circuit erred in affirming the district court's denial of Kristopher Courtney's motion to vacate his sentence under 28 U.S.C. § 2255 |
| 19-5189 |
Michael Tyler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-15 |
Denied |
IFP |
appeal civil-procedure civil-rights constitutional-rights criminal-procedure dna-testing due-process exculpatory-evidence guidelines liberty post-conviction-relief procedural-barriers sentencing standing statutory-interpretation takings |
Whether the Sentencing Court Erred in Calculating the Defendant's Sentencing Guidelines Range |
| 19-5191 |
Kenneth Byron Davenport v. Pennsylvania |
Pennsylvania |
2019-07-15 |
Denied |
Response WaivedIFP |
age-determination criminal-procedure individualized-sentencing juvenile-offenders juvenile-sentencing mental-disability mental-health mental-health-and-mental-retardation-act mental-illness miller-v-alabama post-conviction-relief post-conviction-relief-act schizophrenia |
Does the legal 'right' recognized in Miller v. Alabama include all substantive components necessary to its creation, including the well-established ra… |
| 19-5153 |
Christopher B. Ramirez v. Washington |
Washington |
2019-07-12 |
Denied |
Response WaivedIFP |
aggravating-circumstance criminal-procedure due-process eyewitness-identification identification-procedure jury-instructions notice photographic-array police-misconduct sixth-amendment suggestive-circumstances suggestive-identification |
Whether the trial court should have excluded Carlton Hritsco's identification of Christopher Ramirez |
| 19-5159 |
Quinetta Grant v. United States |
Fifth Circuit |
2019-07-12 |
Denied |
Response WaivedIFP |
should this Court vacate and remand for reconside was Ms Grant denied her rights under U.S.S.G. § 1 binding-authority criminal-procedure criminal-procedure-plain-error-sentencing-right-to criminal-procedure-supervisory-power-conviction-se due-process judicial-discretion mail-fraud plain-error right-to-be-present sentencing sentencing-guidelines sentencing-guidelines-relevant-conduct-scope-of-cr sentencing-procedure Where Ms Grant's sentence was enhanced by attribut Where multiple additional errors affected petition |
Whether the Court of Appeals erred in failing to consider binding authority on a defendant's right to be present at a material sentencing proceeding |
| 19-5162 |
Frederick Johnson v. United States |
Fifth Circuit |
2019-07-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure discretionary-review plain-error plainly-unreasonable post-revocation-sentence sentencing sentencing-standard supervised-release |
What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release? |
| 19-5149 |
Luis Rojas-Marceleno v. Kansas |
Tenth Circuit |
2019-07-11 |
Denied |
IFP |
2nd-amendment case-statement civil-procedure civil-rights constitutional-provisions criminal-procedure due-process free-speech habeas-corpus jurisdictional-issue legal-review sentencing standing statutory-provisions writ-of-certiorari |
Whether the lower court erred in dismissing petitioners' claims for lack of standing and failure to state a claim |
| 19-5150 |
Irvin Junior Phillips v. United States |
Sixth Circuit |
2019-07-11 |
Denied |
Response WaivedIFP |
18-usc-924e apprendi-rule apprendi-v-new-jersey criminal-law criminal-procedure due-process indictment-requirements prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-interpretation supreme-court-review |
Whether the Court should consider the continuing validity of Almendarez-Torres v. United States |
| 19-5132 |
Kenneth D. Sills v. Anne L. Precythe, Director, Missouri Department of Corrections |
Eighth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
batson-v-kentucky constitutional-rights criminal-procedure flowers-v-mississippi ineffective-assistance ineffective-assistance-of-counsel jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination sixth-amendment |
Whether certiorari should be granted where trial counsel was ineffective in failing to object to the prosecution's pretextual explanation for exercisi… |
| 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 … |
| 19-5137 |
Albert Duval Gray v. United States |
Fourth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
appeals appellate-review constitutional-law constitutional-rights criminal-procedure due-process federal-law fifth-amendment revocation-sentence sentencing sixth-amendment |
Whether the writ should issue so that this Court may decide whether Petitioner's revocation sentence violated the Fifth and Sixth Amendments |
| 19-5138 |
Jesus Alonso Gonzalez Gonzalez, aka Jesus Gonzalez, aka Jesus Alonzo Gonzalez, aka Alonzo Gonzalez, aka Roberto Soto v. United States |
Fifth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plain-error procedural-review rule-51b sentencing |
Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure 51(… |
| 19-5141 |
William Wade v. United States |
Tenth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
924c-sentencing circuit-split constitutional-law criminal-justice criminal-procedure due-process johnson-dimaya physically-restrained-enhancement residual-clause sentencing statutory-interpretation supreme-court |
Whether the 10th Circuit's declaration that the 924(c) 'residual' clause is unconstitutional requires resentencing when the sentencing court failed to… |
| 19-5105 |
Rudy Espudo v. United States |
Ninth Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
circuit-split crime-of-violence criminal-conviction criminal-justice criminal-procedure drug-trafficking due-process firearm-statute firearms sentencing statutory-interpretation underlying-offense |
Whether a conviction under 18 U.S.C. § 924(c) for using a firearm to further a crime of violence or drug-trafficking crime may rest on more than one u… |
| 19-5110 |
Barry Bays v. United States |
Fifth Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
controlled-substance-analog controlled-substance-analogue controlled-substances criminal-procedure due-process ex-post-facto fifth-amendment fraud scienter scienter-requirement sentencing sentencing-enhancement sixth-amendment |
Whether a defendant's sentence for fraud offenses that applied 21 U.S.C. § 802(32), USSG § 2B1.1(b)(1), and USSG §2D1.1 and treated Bays as a 'control… |
| 19-5114 |
Jovanny Rodriguez v. United States |
Second Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
alibi due-process evidence fifth-amendment indictment indictment-variance interstate-commerce jury-finding jury-instructions sixth-amendment supreme-court-precedent trial variance |
Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at tr… |
| 19-5118 |
Jason Paul Mathison v. Washington |
Washington |
2019-07-09 |
Denied |
IFP |
collateral-attack constitutional-rights criminal-procedure due-process involuntary-plea judicial-procedure plea-agreement plea-bargaining probation sentencing sentencing-conditions time-limits treatment-program vagueness |
Are constitutional rights of due process violated when a court imposes a condition that requires a defendant to 'successfully complete' a treatment pr… |
| 19-5123 |
Richard Parrish v. United States |
Sixth Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-support gall-v-united-states judicial-discretion legal-reliability reliability sentencing townsend-v-burke united-states-v-tucker united-states-v-watts |
Is resentencing required when a sentencing judge relied on an assumption that both parties agree is without evidentiary support? |
| 19-5125 |
Francisco Gallegos-Lopez v. United States |
Ninth Circuit |
2019-07-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553a 3553(a)-factors abuse-of-discretion appellate-review circuit-split criminal-procedure judicial-discretion preservation-of-error procedural-error sentencing sentencing-recommendation statutory-factors |
Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to p… |
| 19-5126 |
Jesus M. Garcia v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2019-07-09 |
Denied |
IFP |
appellate-review constitutional-violation criminal-procedure due-process fourth-amendment habeas-corpus ineffective-assistance sixth-amendment trial-counsel wiretap wiretap-evidence |
Did the district court and appeals court err in denying appellant relief on ineffective assistance of trial counsel due to counsel's failing to object… |
| 19-5095 |
Fox Joseph Salerno v. Arizona |
Arizona |
2019-07-08 |
Denied |
IFP |
14th-amendment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel plea-bargaining racial-discrimination retroactivity right-to-counsel school-desegregation supreme-court |
Whether Missouri v. Frye and Lafler v. Cooper apply retroactively |
| 19-5101 |
Darryl Puderer v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-07-08 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure district-court due-process equitable-tolling evidence-standard forcible-rape jurisdiction second-degree-kidnapping standing statute-of-limitations tolling |
Did the Federal District Court err in denying the petitioner's statutory or equitable tolling request when adequate record evidence was presented in s… |
| 19-5043 |
Justin Panus v. Texas |
Texas |
2019-07-05 |
Denied |
IFP |
14th-amendment constitutional-challenge criminal-procedure criminal-sentencing double-enhancement double-jeopardy due-process elemental-fact equal-protection offense-enhancement sentencing sentencing-enhancement |
Whether it violates the 14th Amendment for the same elemental fact to be used as an element of an offense and also to enhance that offense to a greate… |
| 19-5067 |
Jimmie Darnell Dixon v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-07-05 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-insanity-defense-due-process-si due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel insanity-defense insufficient-evidence |
Whether the lower court erred denying COA on the claim of insufficient evidence where petitioner sufficiently proved by a preponderance of the evidenc… |
| 19-5077 |
Carlton P. Cabot v. United States |
Second Circuit |
2019-07-05 |
Denied |
Response WaivedIFP |
appellate-review clear-error criminal-procedure factual-determination factual-findings olano plain-error rule-52(b) sentencing-variance standard-of-review |
Does plain error review apply to unobjected to factual determinations? |
| 19-5079 |
Kenneth Blackwell v. Georgia |
Georgia |
2019-07-05 |
Denied |
Response WaivedIFP |
appeal-discretion appellate-procedure appellate-review evidence issue-preservation judicial-discretion legal-sufficiency legal-theory prior-bad-acts prior-difficulties-evidence standard-of-review state-argument trial-court trial-court-discretion trial-procedure waiver |
Whether the Georgia Court of Appeals erred when it held that the trial court admitted Petitioner's sexual acts in Ohio as prior difficulties evidence … |
| 19-5082 |
Julisa Tolentino v. United States |
Fifth Circuit |
2019-07-05 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review certiorari circuit-court criminal-procedure due-process judicial-review pending-case published-opinion reconsideration remand standing united-states-v-leal vacate |
Whether this Court should grant certiorari, vacate the judgment below, and the remand for reconsideration in the event that the defendant in the forth… |
| 19-5085 |
Darren L. Lee v. United States |
Eleventh Circuit |
2019-07-05 |
Denied |
Relisted (2)IFP |
criminal-procedure divisible-offense federal-sentencing full-faith-and-credit modified-categorical-approach physical-force plea-bargain sentencing shepard-documents united-states-v-horse-looking violent-felony |
Where a divisible offense may be committed two ways, one of which satisfies the 'violent felony' element of physical force, and one of which does not,… |
| 19-39 |
Quintin Antonio Bell v. United States |
Fourth Circuit |
2019-07-05 |
Denied |
Response Waived |
5th-amendment categorical-match criminal-procedure custody due-process fifth-amendment interrogation miranda-interrogation miranda-v-arizona officer-subjective-test police-conduct sentencing-enhancement state-court-prosecution |
Whether the court of appeals correctly applied a subjective, officer-focused test to determine whether a suspect was interrogated for purposes of Mira… |
| 19-32 |
Gordon Scott Stroh v. Saturna Capital Corporation |
Ninth Circuit |
2019-07-03 |
Denied |
Amici (1)Response Waived |
cause-of-action civil-procedure dismissal evidence evidence-dismissal motion-in-limine standard-of-review summary-judgment trial-court |
What is the appropriate standard of review when a trial court improperly grants a motion in limine that has the practical effect of dismissing an enti… |
| 19-35 |
Brandon Lee Mojica v. United States |
Eleventh Circuit |
2019-07-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-review criminal-procedure due-process evidentiary-hearing federal-statute habeas-corpus heightened-pleading post-conviction-relief sentencing standard-of-proof united-states-v-davis |
Whether the Court should grant, vacate, and remand this case to the Eleventh Circuit for reconsideration in light of United States v. Davis |
| 19-37 |
Matthew Freeman v. Texas |
Texas |
2019-07-03 |
Denied |
|
acquittal constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment judgment-of-acquittal successive-prosecution successive-prosecutions |
Whether placing the Petitioner in a position to be twice tried for the same offense after a judgment of acquittal violates Petitioner's constitutional… |
| 19-5045 |
Donald Lee Hathorn v. United States |
Fifth Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 5th-circuit appellate-review criminal-procedure due-process electronic-devices fourth-amendment search-and-seizure supervised-release warrantless-search |
Whether the United States Court of Appeals for the Fifth Circuit erred by affirming the district court's requirement for Mr. Hathorn to submit his com… |
| 19-5053 |
Brandon M. Hicks v. Renee Baker, Warden, et al. |
Ninth Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-conduct plea-bargaining sentencing separation-of-powers sixth-amendment |
Whether the judge's extra language in the judgment of conviction, in context with his conduct at sentencing, is a violation of the Separation of Power… |
| 19-5054 |
Jason Hendershott v. Kelly Strong, Warden, et al. |
Fifth Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
access-to-courts appeal civil-procedure civil-rights constitutional-claims criminal-case criminal-procedure due-process federal-circuit-court habeas-corpus ineffective-assistance-of-counsel judicial-review mental-illness post-conviction |
Whether Hendershott was improperly denied time-credit for turning in his 2854 year old prison authorities to mail months before his deadline |
| 19-5055 |
Isaac Decurtis Harris v. Michigan |
Michigan |
2019-07-03 |
Denied |
IFP |
arraignment civil-rights constitutional-rights conviction court-rules criminal-procedure due-process liberty-interest state-court transcript warrantless-arrest |
Whether the State Court had caused a conflict within the State Court ignoring its controlling governed caselaw |
| 19-5065 |
Chester Ray Crank v. Charmaine Bracy, Warden |
Sixth Circuit |
2019-07-03 |
Denied |
Response WaivedRelisted (2)IFP |
alibi-defense confrontation confrontation-clause conviction criminal-procedure due-process illegal-recordings ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence intoxication police-misconduct prejudicial-evidence |
Is a petitioner provided due process of law when he is convicted on evidence insufficient to sustain a conviction when said evidence was wholly based … |
| 19-5071 |
Erwin Burley v. United States |
Eleventh Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure criminal-sentencing district-court district-court-discretion eleventh-circuit judicial-discretion sentencing-explanation sentencing-factors sentencing-guidelines supervisory-power upward-variance |
Whether this Court should exercise its supervisory power and grant review because the Eleventh Circuit has permitted an upward variance sentence almos… |
| 19-5034 |
Leland Dudley v. Illinois |
Illinois |
2019-07-02 |
Denied |
IFP |
' 'civil-rights" ' 'criminal-procedure" ' 'due-process" ' 'police-misconduct" ' 'post-conviction' ' 'sentencing" civil-rights constitutional-rights criminal-procedure due-process evidence-review grand-jury judicial-review police-misconduct post-conviction-relief sentencing wrongful-conviction |
Was the petition (by) the state's attorney's office denied by the lower court, and did the lower court err in denying the petition to vacate the convi… |
| 19-5035 |
Calvin James v. United States |
Eleventh Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights due-process evidence probable-cause search-and-seizure search-warrant standing trial witness |
Do officers need consent to search private property without a search warrant? |
| 19-5036 |
Craig Alan Toaz v. United States |
Sixth Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
concurrent-sentences concurrent-sentencing criminal-conduct criminal-procedure federal-convictions habeas-corpus habeas-petition judicial-review procedural-grounds sentencing sentencing-guidelines ussg-5g1.3 |
Whether the district and circuit courts erroneously dismissed petitioner's habeas petition under procedural grounds |
| 19-5038 |
Donald Willems v. United States |
Eleventh Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-protections contract-law criminal-procedure due-process plea-agreement right-to-counsel sixth-amendment speedy-trial |
Does an Appeal Waiver which is contained within a Plea Agreement toll the filing of a Notice to Appeal under the Sixth Amendments right to a speedy tr… |
| 19-5046 |
James Gregory Armistead v. David Millis, Superintendent, Hyde Correctional Institution |
Fourth Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance legal-documents prosecutorial-misconduct standing trial-error |
Whether the circuit court judges erred when the petition was denied a certificate of appealability, for clear violations where petitioner presented le… |
| 19-5048 |
Mark Anthony Dolph v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure custody custody-determination due-process evidentiary-standard interrogation legal-procedure miranda-warnings officer-testimony video-evidence |
Why does Geasoned Opinions of _jprist Thou out the federal system demonstrate that freminded ytist can disagree AS +o Whether the use of handtudfs jtu… |
| 19-23 |
Rockwood Casualty Insurance Company v. Director, Office of Workers’ Compensation Programs, Department of Labor, et al. |
Tenth Circuit |
2019-07-02 |
Denied |
Relisted (2) |
administrative-procedure-act agency-regulations agency-rulemaking black-lung-benefits-act burden-of-proof due-process evidence evidentiary-standards regulatory-amendment standing |
Does requiring a wrongly-named Responsible Operator to issue benefits to a Claimant with normal pulmonary function and normal arterial blood gas testi… |
| 19-5006 |
Peter J. Rosato v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-07-01 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights confrontation-clause confrontation-right constitutional-waiver criminal-procedure deposition deposition-testimony depositions due-process knowingly-intelligent-waiver right-to-be-present video-deposition waiver |
Does a waiver of a citizen's constitutional right have to appear on the record either written or orally in order to establish a knowing, intelligent, … |
| 19-5007 |
Jonathan Paul Sikes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-01 |
Denied |
Relisted (2)IFP |
actual-innocence credibility-of-witnesses criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia juvenile-offender reasonable-doubt sexual-offenses standard-of-proof sufficiency-of-evidence testimony witness-credibility |
Does the Northern District Court's decision conflict with the holding in Jackson v. Virginia as the Northern District Court misapplied the standard in… |
| 19-5018 |
Gettus Leroy Mintz v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2019-07-01 |
Denied |
IFP |
actual-innocence brady-violation certificate-of-appealability constitutional-review conviction-standard criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct procedural-default reasonable-doubt |
Whether the willful and serial denial of attempts to demonstrate actual innocence, by the courts and counsel, presents at a minimum the debatable qual… |
| 19-5020 |
Khaleefa Lambert v. Darren Settles, Acting Warden |
Sixth Circuit |
2019-07-01 |
Denied |
IFP |
criminal-procedure felony-murder ineffective-assistance ineffective-assistance-of-counsel murder-conviction prejudice premeditated-murder reasonable-jury sixth-amendment standard-of-review sufficiency-of-evidence trial-counsel |
Did the Sixth Circuit err in denying Petitioner's claim that his trial counsel's performance was so deficient as to prejudice the outcome of the trial… |
| 19-5022 |
Brian K. Banks v. Louisiana |
Louisiana |
2019-07-01 |
Denied |
Response WaivedIFP |
404(b)-evidence appellate-review constitutional-rights criminal-procedure due-process evidence fair-trial fifth-circuit jury-trial legal-error louisiana-supreme-court prosecutorial-misconduct standard-of-review |
Did the Louisiana Supreme Court err in allowing the Fifth Circuit to contradict its own prior rulings by overruling the District Court's decision to n… |
| 19-5027 |
Eddie David Cox v. United States |
Eighth Circuit |
2019-07-01 |
GVR |
IFP |
criminal-procedure criminal-procedure-rehaif-v-united-states,sentenci double-jeopardy eighth-circuit guidelines-calculation procedural-error rehaif-standard rehaif-v-united-states resentencing section-2241 sentencing sentencing-review |
Should the Court GVR the judgment of the Eighth Circuit so the appeals court may consider, whether Cox is entitled to relief from his conviction in li… |
| 19-5030 |
Michael D. Mathew v. Ohio |
Ohio |
2019-07-01 |
Denied |
IFP |
civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing |
Whether the twenty-one year sentence imposed by the state trial court violated the Eighth Amendment ban on cruel and unusual punishments? |
| 19-5032 |
Tyrone Felder v. United States |
Second Circuit |
2019-07-01 |
Denied |
Response WaivedIFP |
adjudication adult-conviction adult-convictions career-offender criminal-history criminal-procedure federal-sentencing federal-sentencing-guidelines sentencing-guidelines statutory-interpretation youthful-offender |
Whether New York youthful offender adjudications qualify as adult convictions for purposes of the Federal Sentencing Guidelines career offender provis… |
| 19-5 |
Luis Arnaldo Baez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-28 |
Denied |
|
burden-of-proof constitutional-rights criminal-procedure due-process extraneous-evidence jury-instruction jury-trial limiting-instruction propensity-evidence |
Whether a jury instruction that permits conviction on proof of extraneous and propensity evidence, rather than on proof of all of the elements of a ch… |
| 19-5003 |
Roberto Cruz-Olavarria v. United States |
First Circuit |
2019-06-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process heightened-scrutiny judicial-discretion offense-seriousness sentencing sentencing-guidelines sentencing-review statutory-maximum supervised-release |
Whether there is a need for extensive justification and heightened scrutiny when imposing and reviewing sentences at the statutory maximum |
| 19-5009 |
Keon Anthony Nixon v. United States |
Tenth Circuit |
2019-06-28 |
Denied |
Response WaivedIFP |
balancing-test barker-v-wingo constitutional-rights criminal-procedure due-process post-indictment-delay prejudice right-to-counsel sixth-amendment speedy-trial speedy-trial-right |
Whether a defendant's 'failure to invoke the right to a speedy trial would be weighed heavily against him,' despite 'his lack of representation,' and … |
| 19-5010 |
Andrew Nelson v. United States |
Eleventh Circuit |
2019-06-28 |
Denied |
IFP |
18-usc-924(c) appellate-review continuance criminal-procedure due-process fed-r-crim-p-52a federal-rules-of-criminal-procedure harmless-error judicial-error prejudice right-to-counsel sentencing substantial-rights trial-continuance vagueness-doctrine |
Where the district court erroneously premises its denial of a meritorious, unopposed motion for continuance of the trial on a mistaken belief that the… |
| 19-6 |
New York v. Jahmarley Jones |
New York |
2019-06-28 |
Denied |
Response RequestedRelisted (2) |
confrontation-clause crawford-v-washington criminal-procedure gang-evidence police-investigation police-investigations sixth-amendment testimonial-evidence testimonial-statements |
Whether statements made by individuals during routine police investigations — prior to the commission of a specific crime, the identification of a sus… |
| 18-9791 |
Luis David Moreno-Pena v. United States |
Fifth Circuit |
2019-06-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion leniency preservation-of-error sentencing-argument sentencing-reasonableness sentencing-review |
Whether challenges to the reasonableness of a sentence rooted in a court's failure to address arguments for leniency must be preserved by specific obj… |
| 18-9792 |
Charles Mensah v. United States |
Fourth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
character-evidence conspiracy due-process fifth-amendment severance witness-bolstering |
Does the trial court's refusal to grant a conspiracy defendant severance violate the Due Process Clause of the Fifth Amendment when the Government's c… |
| 18-9803 |
Salvador Galvan v. United States |
Ninth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
18-usc-3553a appeal criminal-procedure criminal-sentencing district-court-discretion due-process guidelines procedural-error sentencing sentencing-guidelines ussg-2b1.1 victim victim-definition victim-impact |
Whether the district court committed procedural error by considering every resident of the City of Compton as a victim for purposes of its 18 U.S.C. §… |
| 18-9804 |
Michael Zachariah Gomez v. United States |
Fifth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
appeals appellate-procedure circuit-split criminal-procedure due-process federal-courts federal-revocation plain-unreasonableness sentencing sentencing-review standard-of-review |
Whether the standard of review in appeals of federal revocation sentences is limited to review for \'plain unreasonableness\'? |
| 18-9810 |
Erik Ward v. California |
California |
2019-06-27 |
Denied |
IFP |
attempted-murder civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense physical-evidence premeditation standard-of-proof sufficiency-of-evidence trial-counsel |
Whether trial counsel failed to provide effective assistance of counsel by not properly performing procedural and due process requirements, and not in… |
| 18-9821 |
Robert Lee Heard, Jr. v. Louisiana |
Louisiana |
2019-06-27 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
Apodaca-v-Oregon criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury-verdict nonunanimous-verdict sixth-amendment |
Does the right to a jury trial guaranteed by the Sixth Amendment allow a state-court criminal conviction to stand on a nonunanimous jury verdict? |
| 18-9823 |
Freddie Lee Morris v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-06-27 |
Denied |
IFP |
coerced-confession criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus informant involuntary-plea manifest-injustice paid-informant procedural-grounds right-to-counsel sixth-amendment |
Whether the state of Florida violated petitioner's sixth amendment right to the assistance of counsel |
| 18-9824 |
Steven G. Patten v. California |
California |
2019-06-27 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection flight-instruction fourteenth-amendment harmless-error jury-selection peremptory-challenges racial-discrimination self-defense |
Whether Petitioner can establish a prima facie case of discrimination under the Equal Protection Clause of the Fourteenth Amendment |
| 18-9829 |
Herve Wilmore, Jr. v. United States |
Eleventh Circuit |
2019-06-27 |
Denied |
Response WaivedRelisted (2)IFP |
appeal appellate-review constructive-amendment criminal-procedure due-process fifth-amendment grand-jury-clause judicial-review |
Did the Court of Appeals affirm a Constructive Amendment, which requires reversal per se? |
| 18-9830 |
Michael Franklin Einfeldt v. United States |
Eighth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
2255-petition burden-of-proof criminal-procedure due-process habeas-corpus johnson-ruling johnson-v-united-states residual-clause sentencing sentencing-guidelines violent-felonies violent-felony |
Whether a 28 U.S.C. § 2255 petitioner should be required to affirmatively prove the sentencing court relied on the residual clause |
| 18-9836 |
Dwight Brown v. United States |
Fourth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
allen-charge coercion coercive-instruction criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-deliberations mistrial verdict-review |
Whether the district court erred or abused its discretion in reversing or rescinding its grant of mistrial |
| 18-9839 |
Robert E. King v. Oklahoma |
Oklahoma |
2019-06-27 |
Denied |
IFP |
appeal-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance ineffective-assistance-of-counsel juvenile-justice post-conviction-relief racial-discrimination |
Did Oklahoma's Appellate Court deprive Robert E. King the right to equal protection |
| 18-9843 |
Freddie Lee Fountain v. Texas |
Texas |
2019-06-27 |
Denied |
IFP |
access-to-justice civil-rights constitutional-law constitutional-rights criminal-procedure due-process habeas-corpus indigent-defendant indigent-defense procedural-protections |
At what point does the absence of government protection breach the limits of constitutional boundary? |
| 18-9845 |
Bradley Joseph Vanzant v. Keith Yordy, Warden |
Ninth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-violations criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct structural-error |
Did petitioner make an involuntarily unknown and unintelligent plea through ineffective assistance of counsel and violations of his 6th Amendment righ… |
| 18-9846 |
Bradford Metcalf v. S. Kallis, Warden |
Fourth Circuit |
2019-06-27 |
Dismissed |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure due-process equal-protection habeas-corpus miscarriage-of-justice wrongful-conviction |
Must the Petitioner who is actually innocent be given the same constitutional consideration as citizens who succeeded him? |
| 18-1589 |
James Doyle Collins, Jr. v. Texas |
Texas |
2019-06-27 |
Denied |
|
contraband contraband-possession criminal-intent criminal-law criminal-possession criminal-procedure destruction-of-evidence due-process evidence evidence-destruction intent intentional-possession mens-rea possession possession-law statutory-interpretation |
Whether the act of deleting or destroying contraband evidences a lack of knowing or intentional possession |
| 18-9806 |
Karlynn Romeo Tones, Donta Lyvoid Blackmon, and Arvin Terrill Carmen v. United States |
Ninth Circuit |
2019-06-26 |
Denied |
Response WaivedIFP |
conspiracy constitutional-rights criminal-conspiracy criminal-procedure defendant-rights due-process indictment indictment-specificity jury-instructions jury-unanimity trial-evidence unanimity |
Do federal criminal defendants have a constitutional right to a specific unanimity instruction requiring the jury to unanimously define the duration a… |
| 18-9808 |
Manuel Reyes v. United States |
Eleventh Circuit |
2019-06-26 |
Denied |
IFP |
18-usc-924(c) 18-usc-924(c)(3)(B) 18-usc-924c certificate-of-appealability circuit-precedent conviction criminal-law criminal-procedure due-process federal-criminal-procedure federal-statute statutory-vagueness vagueness |
Whether Petitioner is entitled to relief on his claim that 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague and his conviction under 18 U.S.C. § 9… |
| 18-9809 |
Willie Strong v. New York |
New York |
2019-06-26 |
Denied |
IFP |
automobile-presumption burden-of-proof criminal-procedure due-process fourteenth-amendment jury-instructions possession reasonable-doubt statutory-interpretation statutory-presumption |
When is evidence sufficient to render the 'Automobile Presumption' N.Y. P.-L. §265.15 (3)(a) inapplicable? |
| 18-9816 |
Kabil Anton Djenasevic, aka Anton Genase, aka Kabil Genase, aka Kabil Kraja v. United States |
Eleventh Circuit |
2019-06-26 |
Denied |
Response WaivedIFP |
civil-rights conspiracy-law criminal-procedure due-process evidence false-testimony fifth-amendment fourteenth-amendment fourth-amendment judicial-notice sixth-amendment standing |
Whether petitioner was denied his Fourth, Fifth, Sixth, and Fourteenth Amendment rights |
| 18-9817 |
Deterryon Tyrell Kelly v. Texas |
Texas |
2019-06-26 |
Denied |
IFP |
criminal-conviction criminal-procedure due-process evidence evidence-standard inference-stacking jackson-v-virginia legal-sufficiency speculative-evidence sufficiency sufficiency-of-evidence |
Can evidence meet the legal sufficiency standard of Jackson v. Virginia if the evidence relied upon for conviction is primarily speculative and infere… |
| 18-9820 |
Jonathon Loyd Edick v. Michigan |
Michigan |
2019-06-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel judicial-bias legal-prejudice prejudice prosecutorial-misconduct standing trial-procedure |
Is petitioner entitled to relief where his constitutional rights are/were violated by receiving ineffective assistance of counsel at the trial court l… |
| 18A1363 |
Abimael Ayala-Gonzalez v. New York |
New York |
2019-06-26 |
Presumed Complete |
|
burden-of-proof circumstantial-evidence criminal-procedure due-process prosecutorial-misconduct racial-identification |
Whether a criminal defendant's due process rights are violated when a state court denies a requested racial identification charge and finds circumstan… |
| 18-9776 |
Irineo Ponce-Recendiz v. United States |
Fifth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-procedure legal-error plain-error preservation-of-error rule-51b sentencing |
Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure 51(… |
| 18-9780 |
Christopher Hannigan v. United States |
Fourth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
18-usc-3551 component-parts criminal-procedure federal-rules federal-rules-of-criminal-procedure judgment judgment-parsing judicial-discretion rule-32 sentencing sentencing-rules statutory-interpretation |
Does the language of Rule 32(k) and 18 U.S.C. §3551 allow for the court to parcel the judgment into component parts? |
| 18-9781 |
Adam J. Winarske v. United States |
Eighth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
28-usc-2255 acca-enhancement armed-career-criminal-act circuit-split criminal-procedure due-process johnson-decision johnson-v-united-states preponderance-of-the-evidence preponderance-standard residual-clause section-2255 statutory-interpretation |
Whether 28 U.S.C. § 2255 requires a Johnson petitioner to show by a preponderance of the evidence that the residual clause provided the basis for his … |
| 18-9783 |
Nasser Ghelichkhani v. United States |
Eleventh Circuit |
2019-06-25 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-validity coram-nobis criminal-procedure double-jeopardy due-process fundamental-error fundamental-rights guilty-plea immigration immigration-consequences plea-bargaining |
Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appeali… |
| 18-9785 |
Wayne A. Hussar, II v. James C. Reynolds, et al. |
Ninth Circuit |
2019-06-25 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment probable-cause prosecutorial-misconduct search-and-seizure self-defense sentencing standing warrantless-search |
Whether the petitioner's due process and equal protection rights were violated when the state court dismissed his criminal case despite evidence of se… |
| 18-9787 |
Jace Crehan v. Louisiana |
Louisiana |
2019-06-25 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-jury unanimous-verdict |
Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9789 |
Dan Pizarro v. United States |
Fifth Circuit |
2019-06-25 |
Denied |
IFP |
criminal-procedure criminal-sentencing direct-appeal drug-offenses drug-trafficking first-step-act prior-convictions prior-felony-conviction sentencing sentencing-enhancement statutory-minimum |
Whether Pizarro is entitled to the application of the First Step Act amendments to the statutory minimum sentences applicable to his drug trafficking … |
| 18-9790 |
Alexander Monzoni v. United States |
Ninth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-sentencing guideline-calculation guidelines judicial-review molina-martinez plain-error plain-error-review prejudice prejudice-prong sentencing sentencing-guidelines |
Should the Court address the division of circuit authority over application of the prejudice prong of plain-error review for Guideline error as set ou… |
| 18-9794 |
Paul Vallejo v. Texas |
Texas |
2019-06-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights constitutional-law criminal-procedure due-process ex-post-facto fundamental-fairness state-action statute-of-limitations |
Does the ex post facto clause and 'fundamental fairness' prohibit the state from removing a potential statute of limitations defense? |
| 18-9799 |
Benito Rivera v. United States |
First Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process judicial-discretion jury-instruction jury-instructions reasonable-doubt standard-of-proof |
Should certiorari be granted to find that, while a district court need not define reasonable doubt, if it does so, it cannot employ a definition that … |
| 18-1579 |
Ronnie Ricks, Jr. v. Texas |
Texas |
2019-06-25 |
Denied |
Response Waived |
5th-amendment criminal-procedure custodial-interrogation defendant-rights due-process evidence miranda right-to-counsel self-incrimination sixth-amendment testimonial-evidence video-evidence |
Whether showing a videotape containing testimonial actions is proper, after an accused has invoked his right to counsel? |
| 18-9762 |
Kwame A. Insaidoo v. United States |
Second Circuit |
2019-06-24 |
Denied |
IFP |
18-usc-666 5th-amendment 6th-amendment circuit-split criminal-procedure criminal-prosecution due-process federal-benefit jury-determination jury-trial second-circuit statutory-interpretation |
Whether the Second Circuit Court of Appeals erred, in violation of U.S. Const. V and VI, when it held that the government need not prove to a jury the… |
| 18-9763 |
Stirling Michael Heaton v. United States |
Eighth Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
concurrent-sentences concurrent-sentencing criminal-procedure criminal-sentencing discretion federal-guidelines federal-jurisdiction federal-plea-agreement judicial-discretion modification retroactive-amendment retroactive-guidelines-amendment sentence-concurrency sentencing-guidelines sentencing-modification sentencing-reform-act |
Whether a sentencing court has discretion to adjust a federal sentence to achieve concurrency with another criminal sentence in § 3582(c)(2) proceedin… |
| 18-9765 |
Joseph Kinard v. United States District Court for the District of Columbia |
District of Columbia |
2019-06-24 |
Denied |
Response WaivedIFP |
bar-membership civil-rights constitutional-violation criminal-procedure discovery due-process evidence jurisdiction oath-of-office prosecutorial-misconduct state-court-review supreme-court-jurisdiction vagueness |
Whether a United States Attorney must be a member of the bar in the city or state to prosecute cases in the United States District Court and Superior … |
| 18-9767 |
LaShawn Johnson v. Randy L. White, Warden |
Sixth Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment aggravating-factors constitutional-rights criminal-procedure due-process indictment jury-instruction jury-instructions |
Does submitting aggravating factors of a crime in a jury instruction that wasn't charged in the indictment violate Due Process |
| 18-9768 |
Keith Talbert v. Illinois |
Illinois |
2019-06-24 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-amendments due-process eminent-domain. standing takings civil-rights criminal-procedure due-process fourth-amendment search-and-seizure standing |
Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 18-9770 |
Lionel Toye v. Steven Racette, Superintendent, Great Meadows Correctional Facility |
Second Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance lafler-v-cooper plea-bargaining plea-negotiations right-to-counsel sentencing sentencing-exposure strickland-standard strickland-v-washington trial-counsel |
Whether this court should revisit the claim of ineffective assistance of trial counsel during plea negotiations |
| 18-9774 |
Hsiu Ying Lisa Tseng v. California |
California |
2019-06-24 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process estelle-v-mcguire evidence federal-due-process fourteenth-amendment prior-act-evidence propensity-evidence state-trial |
Whether the admission of irrelevant prior act evidence in a state trial that amounts to propensity evidence violates Fourteenth Amendment due process |
| 18-9775 |
Dustin Washington v. United States |
Fourth Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence |
Whether the Fourth Circuit erred in failing to find that the trial court erred in denying Mr. Washington's motion to suppress the search of the BMW |
| 18-9740 |
Myron Gregory Jessie v. Michigan |
Michigan |
2019-06-21 |
Denied |
IFP |
appeal appellate-review civil-rights constitutional-rights conviction criminal-procedure due-process evidence evidence-admission judicial-error life-imprisonment prior-misconduct resentencing sentencing |
Was the evidence insufficient to convict defendant of first-degree murder and also to support the sentence of life imprisonment, and did the resentenc… |
| 18-9758 |
Lavell Conerly v. Willis Chapman, Warden |
Sixth Circuit |
2019-06-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process due-process,self-incrimination,miranda-warnings,cl inculpatory-statement ineffective-assistance-of-counsel miranda-warnings right-to-counsel self-incrimination |
Was it reversible error to introduce defendant's inculpatory statement obtained without Miranda warnings? |
| 18-9760 |
Andrew D. Dixon v. United States |
Eleventh Circuit |
2019-06-21 |
Denied |
Response WaivedIFP |
acca acca-sentence-enhancement acca-statute armed-career-criminal-act criminal-procedure elements-clause johnson-precedent post-johnson precedent predicate-prior residual-clause sentencing sentencing-enhancement |
Did the court error denying claims that the residual clause didn't apply to defendant by using Post-Johnson precedent claims and raising elements clau… |
| 18-9711 |
David Meyers v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2019-06-20 |
Denied |
Relisted (2)IFP |
civil-rights compulsory-process constitutional-rights criminal-procedure due-process fail-to-strike-testimony fair-trial false-testimony ineffective-assistance ineffective-assistance-of-counsel intrinsic-fraud perjury post-conviction-relief prosecutorial-misconduct |
Did attorney Paul Roskins violate due-process, fail-to-strike-testimony, false-testimony, compulsory-process, ineffective-assistance-of-counsel |
| 18-9736 |
Darius Kinney v. Ohio |
Ohio |
2019-06-20 |
Denied |
Response RequestedRelisted (3)IFP |
4th-amendment 6th-amendment constitutional-law criminal-procedure fourth-amendment ineffective-assistance-of-counsel motion-to-suppress search-and-seizure sixth-amendment warrant warrantless-search |
Were Petitioner's Sixth Amendment rights violated? |
| 18-9737 |
Laquan L. Kellam v. United States |
Third Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
constitutional-interpretation criminal-procedure eighth-amendment eighth-amendment-rights expert-witness-testimony fifth-amendment fifth-amendment-rights fourteenth-amendment fourteenth-amendment-rights fourth-amendment fourth-amendment-rights procedural-error search-and-seizure sixth-amendment sixth-amendment-rights statutory-interpretation warrantless-arrest |
Did the United States Court of Appeals for the Third Circuit abuse its discretionary, broadly-based authority of interpretation, thus, violating petit… |
| 18-9738 |
Francisco Gonzalez Jose v. United States |
Third Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
alternate-juror criminal-procedure deliberations due-process federal-rules-of-criminal-procedure judicial-interpretation jury jury-deliberation jury-instructions mistrial third-circuit united-states-v-sotelo |
When a juror cannot continue deliberations and an alternate juror is empaneled, does the Third Circuit's decision in United States v. Sotelo conflict … |
| 18-9739 |
Timothy Paul Malone v. United States |
Fifth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility application-note application-note-2 chapter-5 criminal-procedure criminal-sentencing federal-sentencing judicial-interpretation offense-level sentencing-guidelines statutory-interpretation |
Whether the lower court has misconstrued and misapplied U.S.S.G. Chapter 5, Part A, Application Note 2 by failing to limit the offense level to a leve… |
| 18-9741 |
Quintin Irving Brown v. City of Richmond, Virginia |
Virginia |
2019-06-20 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel judicial-misconduct misdemeanor-reduction probation-violation prosecutorial-misconduct speedy-trial void-judgment |
When a trial occurs over a defendant's expressed objections to a violation of that state's statutory right to speedy trial, when should the conviction… |
| 18-9742 |
Mikle Anthony Butler v. United States |
Fourth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-evaluation ineffective-assistance-of-counsel ineffective-counsel judicial-discretion mental-health mental-illness sentencing sentencing-guidelines |
Issues being raised |
| 18-9746 |
Marion Wilson, Jr. v. Benjamin Ford, Warden |
Georgia |
2019-06-20 |
Denied |
IFP |
capital-case criminal-procedure death-penalty due-process eighth-amendment fair-trial intent jury-instructions prosecutor-misconduct prosecutorial-misconduct standing |
Are due process and the Eighth Amendment violated when a prosecutor knowingly argues falsehoods about the defendant's culpable acts in order to incite… |
| 18-9748 |
George Hernandez v. United States |
Ninth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
confidential-informant criminal-procedure discovery due-process fair-trial guilty-plea informant plea-bargaining plea-withdrawal sentencing-disclosure withdrawal-of-plea |
Does the 'fair and just reason' standard for withdrawal of a guilty plea properly encompass the post-plea, pre-sentence acquisition of information abo… |
| 18-1556 |
Peggy Edwards, et al. v. Louisiana Workforce Commission, et al. |
Louisiana |
2019-06-20 |
Denied |
Response Waived |
administrative-law administrative-procedure agency-adjudication agency-decision burden-of-proof due-process evidence evidence-standard medical-claims medical-treatment standing workers-compensation |
Does the Louisiana administrative system for adjudicating medical claims by injured workers violate due process |
| 18-1559 |
Velma Brooks v. Industrial Claim Appeals Office, et al. |
Colorado |
2019-06-20 |
Denied |
Response Waived |
burden-of-proof civil-rights conspiracy due-process evidence falsification judicial-oversight judicial-review legal-conspiracy medical-evidence worker's-compensation workers-compensation |
Why did the Colorado courts refuse to seek the truth in this case? |
| 18-1552 |
Henry P. Alfano and William Hird v. United States |
Third Circuit |
2019-06-19 |
Denied |
Response Waived |
criminal-law criminal-procedure criminal-statute due-process federalism mail-fraud property property-rights statutory-interpretation traffic-tickets unadjudicated-charges unadjudicated-tickets wire-fraud |
Whether unadjudicated traffic tickets constitute 'property' under the mail- and wire-fraud statutes |
| 18-9705 |
Leonard Moore v. United States |
Sixth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review certificate-of-appealability crime-of-violence criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
Whether 18 U.S.C. §1959(a)(3) qualifies as a crime of violence for the purpose of §924(c)(3)(A) element clause |
| 18-9716 |
Andrew J. Hunter, Jr. v. Louisiana |
Louisiana |
2019-06-19 |
Denied |
Response WaivedIFP |
compulsory-process confrontation-clause constitutional-provisions criminal-procedure defense-rights due-process fair-trial judicial-bias prosecutorial-misconduct right-to-counsel subpoena-power |
Whether the petitioner's constitutional rights were violated by the state court's favoritism toward the victim, denial of the defense's right to subpo… |
| 18-9726 |
Lorenzo Hale v. United States |
Fifth Circuit |
2019-06-19 |
GVR |
IFP |
2nd-amendment criminal-procedure criminal-statute felon-in-possession firearm-possession interstate-commerce jurisdictional-element mens-rea prior-occasion recent-past state-lines statutory-interpretation |
Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no … |
| 18-9729 |
Odell Lameche Overby v. United States |
Fourth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
18-usc-3553 3553(c) appellate-review criminal-procedure district-court-obligation due-process judicial-discretion judicial-reasoning nonfrivolous-arguments sentencing sentencing-guidelines |
Whether the district court fulfilled its obligation under 18 U.S.C. § 3553(c) to announce the reasons for its sentencing decision |
| 18-9731 |
Youval Geringer-Ganor v. United States |
Ninth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-charges criminal-procedure due-process entrapment government-conduct judicial-review outrageous-government-conduct sting-operation sting-operations |
Whether government sting operations may constitute outrageous government conduct warranting dismissal of the charges? |
| 18-9732 |
Bejan David Etemad v. North Dakota |
North Dakota |
2019-06-19 |
Denied |
IFP |
appeals certiorari constitutional-rights criminal-procedure due-process due-process-clause federal-certiorari federal-jurisdiction jury-trial jury-verdict state-court state-courts state-supreme-court |
Can any State Court of last resort or specifically the North Dakota Supreme Court completely abrogate due process to the point that no process existed… |
| 18-9734 |
Hector Dominguez-Gabriel, aka Kinko, aka John Richard Bellefleur v. United States |
Second Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion compassionate-release criminal-procedure criminal-sentencing federal-courts federal-sentencing judicial-discretion sentence-modification sentencing-guidelines sentencing-relief statutory-interpretation |
Whether the lower court(s) abused its discretion when it denied appellant Section 3582(c)(2) relief? |
| 18-9735 |
Carlton Darden v. United States |
Eighth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
18-usc-3582 criminal-sentencing dillion-v-united-states district-court-authority due-process evidence judicial-discretion judicial-review new-evidence offense-conduct sentencing-guidelines sentencing-modification statutory-interpretation united-states-sentencing-guidelines united-states-v-adams ussg-1b1.10 |
Does 18 USC 3582(c)(2) after Dillion give a district court authority to make additional finding as to offense conduct attributable to a defendant base… |
| 18A1333 |
Alfredo Beltran Leyva v. United States |
District of Columbia |
2019-06-19 |
Presumed Complete |
|
criminal-procedure drug-trafficking evidence-sufficiency guilty-plea plea-withdrawal sentencing |
Whether a district court may deny a criminal defendant's motion to withdraw a guilty plea after the defendant seeks to proceed to trial and challenges… |
| 18-9700 |
Daniel Gatson v. United States |
Third Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
18-usc-2518 aggrieved-person cell-phone-records criminal-procedure Does the District Court have the authority to sent electronic-interception electronic-surveillance expert-testimony expert-testimony-federal-rule-of-evidence-702-scie fourth-amendment fourth-amendment-cell-phone-records-probable-cause sentencing-guidelines sentencing-guidelines-upward-departure-district-co standing standing-aggrieved-person-electronic-interception- Whether acquiring a person's past movements throug Whether an expert's testimony that has never been |
Whether the 'target' of an electronic interception, whom voice was heard in intercepted conversations have 'standing' as an 'aggrieved person' under 1… |
| 18-9701 |
Antoine Gause v. United States |
Fourth Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process judicial-error miscarriage-of-justice plea-agreement plea-bargaining sentencing supervised-release |
Whether the lower courts fundamentally erred through a miscarriage of justice, by unconstitutionally sentencing the Petitioner to a longer sentence an… |
| 18-9703 |
Milton Terry Kelton v. United States |
Eighth Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
base-offense-level criminal-procedure due-process ex-post-facto federal-rules federal-rules-of-criminal-procedure plain-error sentencing-enhancement sentencing-guidelines |
Whether the Honorable Judge Brian C. Wimes and the U.S. Attorney James Bohling utilized two inapplicable statutory enhancements enacted after the offe… |
| 18-9712 |
Noe Juarez v. United States |
Fifth Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-law criminal-procedure deliberate-ignorance due-process evidence evidence-404(b) evidence-rule-404b jury-instructions new-trial propensity propensity-evidence prosecutorial-misconduct |
What is the proper framework for determining whether a prosecutor's improper propensity-based arguments related to 404(b) evidence warrant a new trial… |
| 18-9715 |
Johnny Curtis Bedgood v. United States |
Eleventh Circuit |
2019-06-18 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure critical-stage evidentiary-hearing fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining pre-trial-counsel section-2255 sentencing sentencing-enhancements |
whether-the-us-district-court-abused-its-discretion |
| 18A1320 |
Adnan Syed v. Maryland |
Maryland |
2019-06-18 |
Presumed Complete |
|
alibi-evidence constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel was violated by trial counsel's failure to investigate and pre… |
| 18-9655 |
Sylvester Ekwunife v. City of Philadelphia, Pennsylvania, et al. |
Third Circuit |
2019-06-17 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment affidavit affidavit-accuracy civil-rights constitutional-procedure criminal-procedure detective-misconduct fourth-amendment groh-v-ramirez probable-cause warrant warrant-preparation |
Whether the dictates of Groh v. Ramirez were violated when the Detective in this case did not have all the correct facts when preparing a probable cau… |
| 18-9656 |
In Re Lexter K. Kossie |
|
2019-06-17 |
Denied |
IFP |
character-evidence character-witness constitutional-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence mitigation right-to-testify sentencing sentencing-phase |
Can a trial counsel render constitutionally performance and not prejudice the defense |
| 18-9657 |
Joseph Howard Davis v. United States |
Fourth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
circuit-split confrontation-clause criminal-evidence criminal-procedure drug-dealer drug-distribution due-process evidence fourth-circuit hearsay informant methamphetamine-offense non-testifying-witness second-circuit |
Is an out-of-court statement by a non-testifying informant which identifies the defendant as a drug dealer hearsay? |
| 18-9658 |
Eric Daniel Doyle v. United States |
Ninth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-sentencing grouping guidelines judicial-discretion legal-calculation procedural-error sentencing sentencing-guidelines statutory-maximum total-punishment |
Whether due process requires the correct calculation of Doyle's Guidelines sentencing range |
| 18-9686 |
Bobby Bordelon v. Texas |
Texas |
2019-06-17 |
Denied |
Response WaivedIFP |
appellate-conflict constitutional-issue criminal-procedure double-jeopardy fifth-amendment habeas-corpus manifest-necessity mistrial mistrial-standard texas-courts |
Whether the Fifth Amendment's double jeopardy clause bars a retrial on one pending count since manifest necessity was not shown for the grant of a mis… |
| 18-9688 |
Emanuel Rivera-Martinez v. Illinois |
Illinois |
2019-06-17 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection fifth-amendment first-amendment habeas-corpus standing |
Whether the petitioner's constitutional rights were violated by the state's actions |
| 18-9691 |
Dwayne Lee Stallings v. United States |
Fourth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-rule-32-violations criminal-rule false-statement false-statements federal-rules-of-criminal-procedure obstruction-of-justice plain-error plain-error-analysis sentencing sentencing-enhancement sentencing-guidelines sentencing-procedure standard-of-review structural-error |
Whether the Court's plain error analysis is properly applied to violations of Fed. R. Crim. P. 32(i)(1)(A), and, if so, whether such violations are st… |
| 18-9692 |
Jody Lanardo White v. United States |
Fifth Circuit |
2019-06-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure judicial-discretion plain-error preservation-of-error reasonableness-of-sentence sentencing sentencing-guidelines sentencing-reasonableness standard-of-review |
Whether challenges to the reasonableness of a sentence must be preserved by specific objection? |
| 18-9693 |
Kevin Sheppard v. Louisiana |
Louisiana |
2019-06-17 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict |
Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9673 |
George Djura Jakubec v. United States |
Ninth Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
924(c) bank-robbery categorical-approach circuit-split courts-of-appeals criminal-law criminal-procedure federal-bank-robbery hobbs-act legal-definition statutory-interpretation sufficiency-of-the-evidence |
Can the courts of appeals define the crime of federal bank robbery differently for purposes of a sufficiency-of-the-evidence challenge than for a cate… |
| 18-9675 |
Tommy Dean Bullcoming v. United States |
Tenth Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights credibility-determination de-novo-review due-process evidence law-enforcement-testimony qualified-immunity scott-v-harris standard-of-review summary-judgment video-evidence |
Should a video recording of the actual events that clearly contradicts the sworn testimony of an officer support de novo review of the district court'… |
| 18-9677 |
Martin Arreola Zavala v. United States |
Eighth Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility contested-cases criminal-procedure drug-quantity due-process evidence evidence-determination federal-courts federal-sentencing legal-sufficiency quantity-determinations sentencing sentencing-guidelines standard-of-review sufficiency-of-evidence |
Whether this court should grant certiorari to address the proper application of law to fact relating to sufficiency of the evidence for quantity deter… |
| 18-9678 |
Binika L. Hankton v. Frederick Boutte, Warden |
Fifth Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process due-process,criminal-procedure,evidence,jackson-v- evidence evidence-sufficiency fifth-amendment fourth-amendment jackson-v-virginia sixth-amendment standard-of-review sufficiency-of-evidence |
Is a conviction constitutionally suspect when the evidence used to convict does not meet the standards of Jackson? |
| 18-9681 |
Tracey Godfrey v. United States District Court for the District of Montana |
Ninth Circuit |
2019-06-14 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process fifth-amendment montana-supreme-court sentencing statutory-interpretation |
Whether the Montana Supreme Court's imposition of a 10-year sentence pursuant to MCA § 46-18-502 violates the Double Jeopardy Clause |
| 18-9616 |
Rocky Riojas-Ordaz v. United States |
Fifth Circuit |
2019-06-13 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-9650 |
Shawn Pinson v. Texas |
Texas |
2019-06-13 |
Denied |
IFP |
civil-rights confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment standing testimony |
When be Bate Krouingt, used Se benany, a was, bogan be |
| 18-9652 |
Cedric McDonald v. United States |
Eighth Circuit |
2019-06-13 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel jury-selection racial-bias sixth-amendment trial-counsel voir-dire |
Whether trial counsel rendered ineffective counsel in failing to object to district court's use of a video in voir dire, which was designed to get jur… |
| 18-9654 |
Carl Javan Ross v. United States |
Fourth Circuit |
2019-06-13 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment civil-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process public-trial public-trial-rights self-incrimination speedy-trial |
Was the petitioner's 6th Amendment right to a speedy trial violated as well as public trial rights? |
| 18-9660 |
William T. Windsor v. Delaware |
Delaware |
2019-06-13 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment civil-rights constitutional-law criminal-procedure due-process evidence newly-discovered-evidence standing |
Did The DeLaroate Stnle Courts, Violate Windsor's Sthandjdth amendments and Duc Proaess Rughts, When *t Red to Consider newly ds dovered evidence onda… |
| 18-9661 |
William Kostopoulos v. United States |
Eleventh Circuit |
2019-06-13 |
Denied |
Response WaivedIFP |
18-usc-1512 criminal-procedure criminal-statute federal-jurisdiction federal-nexus law-enforcement mens-rea misdemeanor obstruction-of-justice statutory-interpretation |
Whether a defendant's general denial to state law enforcement officers that he committed a misdemeanor offense is sufficient to meet the federal nexus… |
| 18-9665 |
Alejandro Hernandez-Delgado v. California |
California |
2019-06-13 |
Denied |
Response RequestedRelisted (2)IFP |
criminal-procedure due-process evidence-code evidentiary-hearing fourteenth-amendment juror-bias juror-misconduct jury-deliberations racial-bias racial-stereotypes sixth-amendment |
What fact-finding procedures are required by the Sixth and Fourteenth Amendments when a defendant makes a threshold showing that a juror relied on rac… |
| 18-9634 |
Destyn David Frederick v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. |
Fifth Circuit |
2019-06-12 |
Denied |
IFP |
appeal certificate-of-appealability constitutional-rights conviction criminal-conviction criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel pro-se-challenge right-to-counsel sentencing |
Whether the United States District court and the Fifth Circuit court of appeals have denied Petitioner his rights to challenge the Government convicti… |
| 18-9638 |
Jose Luis Barboza, Jr. v. Texas |
Texas |
2019-06-12 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence-tampering free-speech gang-membership patent prosecutorial-misconduct sentencing-guidelines standing trial-fairness |
Whether the defendant was improperly called a 'n****r lover' by the victim's attorney, resulting in a violation of due-process, free-speech, civil-rig… |
| 18-9641 |
Clifford Brigham v. United States |
Ninth Circuit |
2019-06-12 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-law criminal-procedure due-process sentencing sentencing-guidelines statutory-maximum substantive-reasonableness |
Whether imposition of the statutory maximum, 60-month term was substantively unreasonable |
| 18-9642 |
Jeffrey Benton v. United States |
Second Circuit |
2019-06-12 |
Denied |
Response WaivedIFP |
appeal class-v-united-states criminal-procedure direct-appeal double-jeopardy face-of-the-record guilty-plea indictment united-states-v-broce waiver-of-rights |
Whether a defendant who enters an unconditional guilty plea and waives appeal can raise a double-jeopardy argument on direct appeal |
| 18-9644 |
Jeffrey Castleberry v. Florida |
Florida |
2019-06-12 |
Denied |
Response WaivedIFP |
ada americans-with-disabilities-act civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process judicial-discretion mental-disabilities mental-disability reasonable-accommodations retroactive-application sentencing state-courts |
Does the Americans with Disabilities Act (ADA) require State trial courts to make reasonable accommodations for persons with mental disabilities? |
| 18-9598 |
James W. Guy v. Ohio |
Ohio |
2019-06-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment free-speech jury-bias jury-selection prejudice religion religious-discrimination religious-freedom sixth-amendment |
Did the trial court violate a Muslim defendant's Constitutional Rights under the First, Fifth and Fourteenth Amendments to the United States Constitut… |
| 18-9602 |
Colby L. Simmons v. United States |
Fourth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
admissibility-of-evidence criminal-procedure custodial-interrogation due-process evidence evidence-admission fifth-amendment miranda-rights miranda-v-arizona self-incrimination |
Did the district court violate petitioner's Fifth Amendment right as set forth in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct 1602, 16 L. Ed. 2d 694 (19… |
| 18-9603 |
Michael Anthony Steel v. Arizona |
Arizona |
2019-06-11 |
Denied |
Response WaivedIFP |
6th-amendment arizona-constitution civil-rights criminal-procedure due-process speedy-trial state-v-vasko state-vs-federal-law |
Whether the court abused its discretion in denying the appellant's motion for a speedy trial under the 6th Amendment and Article 2, Section 24 of the … |
| 18-9604 |
Reitilly Fuentes Ramos v. United States |
Eleventh Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure dangerous-weapon enhancement pellet-gun sentencing-guidelines ussg-2d1.1 |
Whether the District Court calculated Mr. Fuentes-Ramos's Sentencing Guidelines when it applied a two-level enhancement pursuant to USSG §2D1.1(b)(1) … |
| 18-9605 |
Don Ferguson v. Florida |
Florida |
2019-06-11 |
Denied |
IFP |
7th-amendment compelled-speech content-neutrality criminal-procedure due-process equal-protection fair-trial first-amendment free-speech government-regulation jury-instructions private-entities |
Whether the First Amendment prohibits the government from requiring private entities to host speech they disagree with |
| 18-9606 |
Curtis Wayne Givens v. Virginia |
Virginia |
2019-06-11 |
Denied |
IFP |
4th-amendment Arrest criminal-procedure due-process evidence-seizure Fifth-Amendment Jury-Selection motion-to-suppress probable-cause search-and-seizure standing Voir-Dire witness-examination |
Whether the trial court properly overruled the Petitioner's motion to suppress evidence seized without probable cause |
| 18-9608 |
Trinidad Jesus Garcia v. United States |
Eighth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
appeals appellate-review circuit-split criminal-procedure drug-quantity due-process judicial-interpretation plain-error procedural-error sentencing standard-of-review |
Does the Eighth Circuit Court of Appeals decision conflict with decisions of the Supreme Court and was the decision incorrect when it stated that Garc… |
| 18-9612 |
Gregory Rayford v. Illinois |
Illinois |
2019-06-11 |
Denied |
Response WaivedIFP |
appeal civil-rights criminal-procedure due-process evidence exclusionary-rule probable-cause search-and-seizure sentencing |
Whether the Illinois state court erred in denying the petitioner's motion to suppress evidence obtained in violation of the Fourth Amendment |
| 18-9623 |
Robert William Wazney v. JPMorgan Chase Bank, N.A. |
Fourth Circuit |
2019-06-11 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment appellate-procedure appellate-relief asset-freezing constitutional-rights due-process equal-protection evidence indigent-defendant |
Whether the courts have abridged the defendant's 14th Amendment due-process, equal-protection rights by disregarding evidence and barring appellate re… |
| 18-9627 |
Jeffrey Dean Tucker v. United States |
Fourth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility jurisdiction standing witness-testimony |
Whether due process was violated in convicting a North Carolina state citizen pursuant to general jurisdiction? |
| 18-9630 |
Michael Mancil Brown v. United States |
Sixth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
6th-amendment 6th-amendment,effective-counsel,mistrial,closing-a closing-arguments constitutional-violation criminal-procedure due-process effective-counsel mistrial sixth-amendment trial trial-rights |
Was the Petitioner's 6th Amendment Rights to effective counsel violated when Petitioner's Attorney refused a mistrial offer by the Court without consu… |
| 18A1297 |
Joshua Wayne Riley v. United States |
Fourth Circuit |
2019-06-11 |
Presumed Complete |
|
constitutional-protections criminal-procedure exclusionary-rule parole-revocation sixth-amendment supervised-release |
Whether supervised release revocation proceedings require full criminal procedural protections under the Sixth Amendment and the exclusionary rule |
| 18-1529 |
Louis R. Koerner, Jr., Individually and as Assignee of Jean McCurdy Meade v. CMR Construction & Roofing, L.L.C. |
Fifth Circuit |
2019-06-11 |
Denied |
|
certification civil-procedure declarations erie-doctrine evidence material-issues-of-fact non-moving-party procedural-protections rule-54(b) rule-54b rule-59(e) rule-59e standard-of-consideration summary-judgment |
Did the Fifth Circuit Court apply an incorrect standard of consideration by not considering the declarations of a non-moving party sufficient to estab… |
| 18-1528 |
Jake Paul Heiney v. Ohio |
Ohio |
2019-06-10 |
Denied |
Response Waived |
criminal-conviction criminal-procedure due-process harmless-error harmless-error-analysis jury-finding-of-guilt jury-instruction jury-instructions reasonable-doubt structural-error sullivan-v-louisiana winship |
Improper-jury-instruction-on-element-of-offense |
| 18-9594 |
Brian L. Davis v. 7-Eleven, Inc. |
Fourth Circuit |
2019-06-10 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection jury jury-trial standing |
How can a jury not determine if a defendant is guilty of a crime and still deny due process? |
| 18-9597 |
Jose Berrum, Jr. v. United States |
Fifth Circuit |
2019-06-10 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability criminal-procedure district-court fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington |
May This Court Grant Certificate Of Appealability Or Overturn Conviction Where The Fifth Circuit Court Of Appeals Sanctioned District Court's Misappli… |
| 18-9600 |
Patricia Diane Smith Sledge v. United States |
Ninth Circuit |
2019-06-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court due-process evidence-rules evidentiary-ruling federal-rules-of-evidence procedural-error sufficiency-of-evidence summary-evidence witness-tampering |
Did the district court prejudicially err when admitting Exhibit 1 as a summary pursuant to Fed Rules of Evidence, rule 1006? |
| 18-9601 |
Lawrence J. Strickland v. United States |
Eighth Circuit |
2019-06-10 |
Denied |
Response WaivedIFP |
armed-career-criminal criminal-procedure due-process fifth-amendment predicate-offenses prior-convictions sentencing sixth-amendment |
Does it violate the Fifth Amendment Due Process Clause and the Sixth Amendment for the district court to make a finding that two 'armed career crimina… |
| 18-9578 |
James Jacob Parrish, Jr. v. United States |
Fourth Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process firearm-enhancement ineffective-assistance-of-counsel prior-conviction procedural-reasonableness sentencing sentencing-departure sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance sixth-amendment substantive-reasonableness |
Whether Parrish's sentence was procedurally and substantively unreasonable |
| 18-9581 |
Marcus Arenell Evans v. United States |
Fifth Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-rights booker booker-remedy booker-v-us constitutional-challenge constitutional-law criminal-procedure guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-enhancement sentencing-guidelines-interpretation |
Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, thereby rendering the waiver unconstitutional or void as… |
| 18-9583 |
Alfredo M. Vasquez v. California |
California |
2019-06-07 |
Denied |
IFP |
constitutional-law due-process evidence federal-constitution jury-instructions reasonable-doubt sexual-assault sexual-contacts state-constitution victim |
Was the exclusion of evidence regarding the alleged victim's prior sexual contacts with her boyfriend a denial of due process under the Federal and St… |
| 18-9589 |
Nicholas Bradley Gilbert v. United States |
Fifth Circuit |
2019-06-07 |
GVR |
IFP |
appellate-review criminal-penalties criminal-procedure criminal-procedure-sentencing district-court district-court-discretion felon-possession interstate-commerce sentencing sentencing-factors sentencing-guidelines sentencing-review substantive-reasonableness |
Whether substantive reasonableness review requires or permits the courts of appeals to 'substantively second guess' the district court and/or to 'rewe… |
| 18-9590 |
Stephen Mayer v. United States |
Eleventh Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-33-b-1 criminal-procedure-33-b-2 federal-rules federal-rules-of-criminal-procedure giglio giglio-violations napue napue-violations new-evidence post-conviction-relief prosecutorial-misconduct |
Whether evidence of Giglio/Napue violations can be utilized as new evidence under Federal Rules of Criminal Procedure 33(b)(1) or if it is limited to … |
| 18-9591 |
Brandon Wayne Taylor v. Texas |
Texas |
2019-06-07 |
Denied |
IFP |
brady-violation civil-rights constitutional-procedure criminal-procedure due-process evidence full-faith-and-credit full-faith-credit interstate-evidence standing state-law-conflict texas-law |
When evidence is illegally obtained in violation of California laws can Texas legally benefit from this illegal act by allowing this evidence in a Tex… |
| 18-9526 |
Jimcy McGirt v. Oklahoma |
Oklahoma |
2019-06-07 |
Judgment Issued |
Amici (13)Response RequestedRelisted (11)IFP |
criminal-jurisdiction criminal-procedure federal-jurisdiction habeas-corpus indian-country indian-major-crimes-act major-crimes-act state-jurisdiction state-law |
Whether Oklahoma courts can continue to unlawfully exercise criminal jurisdiction over Indians accused of major crimes in Indian Country |
| 18-9515 |
Brandon Christopher Pierre v. United States |
Fifth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
civil-rights color-of-law constitutional-rights conviction-and-sentencing criminal-procedure due-process false-arrest false-imprisonment federal-jurisdiction malicious-prosecution probable-cause |
Under what circumstances can a federal court falsely and wrongfully indict, arrest, imprison, convict, and sentence an individual under the 'color of … |
| 18-9562 |
Shawn Michael Simms v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2019-06-06 |
Denied |
IFP |
criminal-procedure due-process illegal-sentence pennsylvania-courts post-conviction-relief post-conviction-relief-act sentencing sentencing-review statutory-interpretation void-ab-initio |
Did the Pennsylvania Courts err in denying the instant Post Conviction Relief Act Petition for failing to recognize that the P.C.R.A. statute, 42 Pa.C… |
| 18-9563 |
Cody Shane Sorrels v. United States |
Fifth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
18-usc-3553 criminal-procedure due-process federal-courts federal-sentencing judicial-discretion jury-trial sentencing sentencing-determination sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-interpretation statutory-minimum |
Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 18-9567 |
Daniel De Leon v. United States |
Fifth Circuit |
2019-06-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt supervised-release |
Whether violations of supervised release require proof to a jury beyond a reasonable doubt |
| 18-9571 |
Willie Carl Jones v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-06-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence false-testimony fourteenth-amendment juror-influence search-and-seizure |
Whether the denial of petitioner's motion to suppress bullets conflicts with relevant decisions of this Court in violation of petitioner's Fourteenth … |
| 18-9572 |
William Paul Cox, Jr. v. United States |
Ninth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
18-usc-922(g)(1) 18-usc-922g county-jail criminal-evidence criminal-procedure felon-in-possession guilty-plea jail-phone-calls stored-communications-act suppression-of-evidence suppression-of-phone-calls |
Whether petitioner had an enforceable claim under the Stored Communications Act |
| 18-9573 |
Ernesto Betancourt-Carrillo v. United States |
Fifth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-9575 |
In Re Phillip Love |
|
2019-06-06 |
Denied |
IFP |
commerce-clause constitutional-law criminal-law criminal-procedure due-process federal-jurisdiction federal-power federalism interstate-commerce jurisdiction necessary-and-proper-clause statutory-interpretation |
Can the federal government punish felonious crimes under the constitutional Interstate Commerce Clause within the 50 compact states of the Union? |
| 18-9513 |
Rhonda Reid v. Walter Donnelly, et al. |
Eleventh Circuit |
2019-06-05 |
Denied |
Response WaivedIFP |
access-to-courts civil-rights criminal-procedure due-process equal-protection racial-discrimination sentencing standing |
Why did the trial judge, Meares, decide on my case under OCGA 16-11-37(b), why didn't he provide me a hearing, why did he fail to allow me to present … |
| 18-9516 |
Starquineshia Palmer v. Florida |
Florida |
2019-06-05 |
Rehearing |
Response WaivedRelisted (2)IFP |
12-person-jury 6-person-jury constitutional-rights criminal-procedure criminal-trial due-process jury-size sixth-amendment trial-by-jury williams-v-florida |
Was Petitioner denied her right to a trial by jury as contemplated by the Sixth Amendment |
| 18-9534 |
Femi Alexander Mewase v. United States |
Fifth Circuit |
2019-06-05 |
Denied |
Response WaivedIFP |
18-usc-3553a confrontation-clause criminal-procedure criminal-procedure-jury-selection due-process federal-rules-of-evidence jury-selection sentencing |
Whether the Fifth Circuit erred by affirming the improper removal of Juror 20 |
| 18-9557 |
Charles C. Brewington v. Oklahoma |
Oklahoma |
2019-06-05 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights constitutional-violation criminal-procedure custody due-process habeas-corpus ineffective-assistance judicial-misconduct legal-standard sixth-amendment standing wrongful-conviction |
Whether the petitioner's due process rights were violated by the state court proceedings |
| 18-9558 |
Oladimeji Ayelotan v. United States |
Fifth Circuit |
2019-06-05 |
Denied |
Response WaivedIFP |
8th-amendment conspiracy constitutional-rights criminal-procedure due-process eighth-amendment jury-selection sentencing shackling |
Whether the United States Court of Appeals for the Fifth Circuit erred |
| 18-9559 |
Aracelis N. Ayala v. United States |
Third Circuit |
2019-06-05 |
Denied |
Response WaivedIFP |
article-iii-judges civil-rights criminal-defendants criminal-procedure district-court due-process fifth-amendment individualized-determination judicial-tenure presumption revised-organic-act shackling shackling-policy virgin-islands-court |
whether a blanket policy of shackling criminal defendants without an individualized determination of need violates due process? |
| 18-9560 |
Anthony Wright v. Kenneth E. Lassiter, et al. |
Fourth Circuit |
2019-06-05 |
Denied |
Response WaivedIFP |
civil-procedure,civil-rights,due-process,free-spee civil-rights discovery due-process evidence standing summary-judgment |
Whether the court erred in ruling against the plaintiff |
| 18-9529 |
Anibal Del Valle-Hiraldo v. United States |
First Circuit |
2019-06-04 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining rosemond-v-united-states sixth-amendment |
Whether an attorney's advice to a defendant to plead guilty to aiding and abetting the carry, use and possession of a firearm in furtherance of a crim… |
| 18-9536 |
Shawn J. Gieswein v. United States |
Tenth Circuit |
2019-06-04 |
Denied |
Response WaivedIFP |
certificate-of-appealability crime-of-violence criminal-procedure ineffective-assistance ineffective-assistance-of-counsel resentencing second-amendment sentencing-guidelines upward-variance witness-tampering |
Whether the United States Court of Appeals for the Tenth Circuit erroneously denied Certificate of Appealability |
| 18-9543 |
Lonnie Haney v. Shane Jackson, Warden |
Sixth Circuit |
2019-06-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper plea-bargaining plea-offer right-to-counsel time-constraints |
Are the lower court rulings in direct conflict with the spirit of this Court's holding in Lafler v. Cooper? |
| 18-9546 |
Everett Charles Wills, II v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-06-04 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
collateral-review criminal-justice criminal-procedure danforth-v-minnesota federal-law greene-v-fisher mccoy-v-louisiana montgomery-v-louisiana post-conviction-proceedings postconviction-review retroactive-application retroactivity retroactivity-of-new-rules teague-rule teague-v-lane watershed-rule |
Whether States must apply a 'watershed rule' under Teague v. Lane in post-conviction proceedings |
| 18-9510 |
Rasaq Aderoju Raheem v. United States |
Fifth Circuit |
2019-06-03 |
Denied |
Response WaivedIFP |
appeal appellate-procedure conviction criminal-procedure defendant-conviction due-process equal-protection federal-jurisdiction fifth-circuit jurisdiction legal-review standard-of-review sufficiency-of-evidence |
Whether the Fifth Circuit erred by affirming Defendant's Raheem conviction |
| 18-9517 |
Kenneth R. Isom v. Arkansas |
Arkansas |
2019-06-03 |
Denied |
Relisted (7)IFP |
adversarial-history bias coram-nobis criminal-procedure due-process judicial-impartiality judicial-recusal prosecutorial-bias prosecutorial-misconduct recusal trial-procedure |
Whether Pope and Isom's significant adversarial history created an unconstitutional risk of bias under the due process clause when Pope later sat as t… |
| 18-9519 |
Michael Wesley v. New York |
New York |
2019-06-03 |
Denied |
IFP |
alvarez-v-united-states constitutional-rights criminal-procedure due-process due-process-clause equal-protection fair-trial fifth-amendment fourteenth-amendment government-witness-perjury griffin-v-united-states petitioner's right to have newly-discovered-eviden sixth-amendment united-states-v-biberfeld washington-v-texas witness witness-perjury |
Does a petitioner have a right to have a witness in their favor protected by the Due Process Clause and the Fifth, Sixth, and Fourteenth Amendments? |
| 18-9520 |
Alan Bartlett v. Susanna Pineda, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2019-06-03 |
Dismissed |
IFP |
constitutional-rights criminal-procedure electronic-surveillance fourteenth-amendment-due-process fourth-amendment fourth-amendment-search-and-seizure legislative-authority search-and-seizure state-constitution statutory-interpretation unlawful-search warrantless-search |
Whether in light of Bollinger v. New Hampshire, 390 U.S. 1020, the Arizona based conviction of petitioner violates his Fourth Amendment rights where t… |
| 18-9527 |
Thomas Branagan v. Isidro Baca, Warden, et al. |
Ninth Circuit |
2019-06-03 |
Denied |
Response WaivedIFP |
child-victim civil-rights criminal-procedure due-process evidence evidentiary-issues ineffective-assistance-of-counsel prosecutorial-misconduct sexual-assault standing testimony-inconsistency witness-credibility witness-testimony |
Whether the defendant's constitutional rights were violated due to ineffective assistance of counsel and prosecutorial misconduct |
| 18A1253 |
Niraj Prabhakar Patel v. Connecticut |
Connecticut |
2019-06-03 |
Presumed Complete |
|
co-conspirator-statement confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence |
Whether the Confrontation Clause permits the admission of an out-of-court inculpatory statement made by a non-testifying co-conspirator in a prison re… |
| 18-1506 |
Julian Martin v. United States |
Seventh Circuit |
2019-06-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
co-defendant-statement confrontation-clause criminal-procedure cross-examination due-process evidence fair-trial hearsay reliability-of-evidence right-to-confront-witnesses sixth-amendment |
Whether the District Court's express reliance on an out-of-court statement of a non-testifying co-defendant as a basis for finding the defendant guilt… |
| 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… |
| 18-9451 |
Denzel Pittman v. Illinois |
Illinois |
2019-05-31 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-case criminal-procedure due-process illinois-law judicial-mandate juvenile-justice mental-health petition-for-leave-to-appeal second-amendment self-regulation standing supreme-court takings |
Whether the Second Amendment to the United States Constitution protects an individual's right to possess firearms for self-defense outside the home |
| 18-9493 |
Jose Santillan v. United States |
Fifth Circuit |
2019-05-31 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process judicial-interpretation presentence-report sentencing sentencing-guidelines |
Whether factual findings in a Presentence Report must be proven by the government or disproven by the defendant |
| 18-9497 |
Lloyd E. Austin, IV v. Bridgitte Amsberry |
Ninth Circuit |
2019-05-31 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel mental-competency plea-bargaining post-conviction-relief prosecutorial-misconduct sentencing |
Why would the petitioner accept a plea agreement to the worst case scenario without being of sound mind? |
| 18-9500 |
Linh Thi Minh Tran v. Tri-County Metropolitan Transit District of Oregon |
Oregon |
2019-05-31 |
Denied |
IFP |
bus-accident carrier-liability civil-rights due-process duty-of-care evidence medical-evidence negligence public-transportation substance-impairment summary-judgment tort |
Issues being raised |
| 18-9502 |
Christian Vazquez Capistran v. United States |
Fifth Circuit |
2019-05-31 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-9504 |
Rahmat Jevon Barrett v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2019-05-31 |
Denied |
Response WaivedIFP |
constitutional-protection criminal-procedure due-process exculpatory-evidence fair-trial habeas-corpus ineffective-assistance-of-counsel ineffective-assistance-of-counsel,due-process,sixt post-conviction-relief |
To what extent does the Constitution prohibit conviction and punishment of an accused whereby trial counsel failed to raise exculpatory evidence durin… |
| 18-9505 |
Antonio Parra Perez v. Texas |
Texas |
2019-05-31 |
Denied |
IFP |
character-evidence criminal-procedure due-process prior-bad-acts propensity-evidence sex-crimes unconstitutional-as-applied unfair-prejudice |
Is Texas Code of Criminal Procedure Article 38.37 §2 unconstitutional? |
| 18-9506 |
Kenyon Raheen Gadsden v. United States |
Fourth Circuit |
2019-05-31 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2255 career-offender constitutional-vagueness criminal-procedure due-process johnson-ruling johnson-v-united-states mandatory-guidelines residual-clause section-2255 sentencing sentencing-guidelines vagueness |
Whether a motion under 28 U.S.C. § 2255 is timely under 28 U.S.C. § 2255(f)(3) when it claims that Johnson v. United States invalidates the residual c… |
| 18-9509 |
Robert Lehmann v. Scott Kernan, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-05-31 |
Denied |
Response WaivedIFP |
arizona-v-youngblood bad-faith-exception brady-v-maryland due-process evidence evidence-preservation fair-trial ineffective-assistance prosecutorial-misconduct scientific-evidence scientific-testing strickland-v-washington |
With the advancement of scientific testing methods of biological evidence, is the 'bad faith' exception to the failure to preserve evidence carved out… |
| 18-9461 |
Antonio Tillmon v. United States |
Fourth Circuit |
2019-05-30 |
Denied |
Response WaivedIFP |
conviction criminal-evidence criminal-procedure drug-distribution due-process evidence fourth-amendment fourth-circuit-review insufficient-evidence judicial-review right-to-a-fair-trial sufficiency-of-evidence undercover-agent undercover-operations |
Whether the Fourth Circuit erred in affirming Mr. Tillmon's convictions on certain counts |
| 18-9474 |
Irving Madden v. Michael Melvin, Warden |
Seventh Circuit |
2019-05-30 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense sixth-amendment strickland-standard |
Whether the Seventh Circuit Court of Appeals decision is consistent with Strickland v. Washington |
| 18-9477 |
Arnold Roberts v. DuPage County Circuit Court |
Illinois |
2019-05-30 |
Denied |
IFP |
14th-amendment constitutional-law constitutional-rights criminal-procedure dna-evidence due-process exculpatory-evidence fourteenth-amendment innocence state-attorney |
Was the Petitioner's Due Process Rights violated under the United States Constitutional 14th Amendment? |
| 18-9478 |
David Rothenberg v. Florida |
Florida |
2019-05-30 |
Denied |
Response WaivedIFP |
affidavit constitutional-rights criminal-procedure double-jeopardy due-process mens-rea plea-bargaining probable-cause probable-cause-affidavit probation prosecutorial-misconduct |
Is the use by the prosecutor of a 'probable cause affidavit' containing averments contradictory to the alleged victim's own sworn statement to charge … |
| 18-9483 |
Brian Alford v. Dwight Neven, Warden, et al. |
Ninth Circuit |
2019-05-30 |
Denied |
IFP |
burglary burglary-allegation constitutional-law criminal-law criminal-procedure due-process felony-murder legal-sufficiency probable-cause prosecution-standard sufficiency-of-evidence |
Whether it is permissible for a state criminal court to predicate felony murder liability on an allegation of burglary that lacks sufficient bases in … |
| 18-9484 |
Paris Taylor v. Illinois |
Illinois |
2019-05-30 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment state-constitution trial-court |
Whether Petitioner was denied his constitutional rights to due process of law guaranteed by the Fifth and Fourteenth Amendments of the United States C… |
| 18-9487 |
Willie Lee Johnson v. Brad Cain, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2019-05-30 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights constitutional-rights criminal-procedure double-jeopardy due-process effective-assistance-of-counsel judicial-interpretation jury-selection legal-ethics oregon-state-bar presumption-of-innocence |
Whether the Oregon State Bar and the Oregon Supreme Court's Chief Justice's approved adoption of the American Bar Association's Model Rules of Profess… |
| 18-9491 |
William A. Trudeau, Jr. v. United States |
Second Circuit |
2019-05-30 |
Denied |
Response WaivedRelisted (2)IFP |
acquitted-conduct article-iii constitutional-rights criminal-procedure due-process further-review procedural-default sentencing |
Whether petitioner raised substantial showing of denial of constitutional right |
| 18A1243 |
Douglas Prade v. Ohio |
Ohio |
2019-05-30 |
Presumed Complete |
|
criminal-procedure dna-evidence double-jeopardy ohio-supreme-court post-conviction retrial |
Whether the Double Jeopardy Clause bars retrial of a criminal defendant after a prior conviction was vacated based on newly discovered DNA evidence |
| 18A1234 |
Jackie Duncan v. United States |
Tenth Circuit |
2019-05-29 |
Presumed Complete |
|
criminal-procedure evidence-rule fourth-amendment prior-bad-acts right-to-fair-trial sixth-amendment |
Whether the admission of prior bad act evidence of a shooting, over a defendant's Rule 404(b) objection, constituted reversible error that violated th… |
| 18-9435 |
Steven Jacob Seibert v. Antoine Caldwell, Warden |
Georgia |
2019-05-29 |
Dismissed |
Response WaivedIFP |
civil-rights criminal-procedure due-process free-speech habeas-corpus ineffective-counsel interstate-communication jurisdiction jurisdiction-challenge restraining-order retroactivity. stalking-statute standing |
Whether the petitioner's conviction for aggravated stalking was unconstitutional due to lack of jurisdiction, ineffective assistance of counsel, and r… |
| 18-9459 |
Trinidad Nanez-Rivera v. United States |
Tenth Circuit |
2019-05-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process federal-common-law mitigating-circumstances sentencing sentencing-guidelines sentencing-review substantive-reasonableness tenth-circuit within-guideline-sentences within-range-sentence |
Have the length of within-guideline sentences become effectively unreviewable in practice, and is Mr. Nanez-Rivera's sentence near the top of the rang… |
| 18-9463 |
Michael Joseph Brooks, Jr. v. Louisiana |
Louisiana |
2019-05-29 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict |
Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9465 |
Beth Galloway v. United States |
Eighth Circuit |
2019-05-29 |
Denied |
Response WaivedIFP |
aiding-and-abetting criminal-intent criminal-law eighth-circuit evidence evidence-sufficiency financial-transaction financial-transactions insurance-fraud judgment-of-acquittal motion-for-acquittal motion-for-new-trial new-trial |
Whether a judgment of acquittal should have been granted |
| 18-9470 |
R. Jay Thompson v. Oklahoma |
Oklahoma |
2019-05-29 |
Denied |
IFP |
confrontation-clause evidence hearsay hearsay-statements sane-nurse sexual-assault sixth-amendment testimonial testimonial-evidence |
Whether statements made to the SANE nurse are testimonial for Sixth Amendment purposes |
| 18-9471 |
Joseph John Viola v. Arizona |
Arizona |
2019-05-29 |
Denied |
IFP |
appellate-review collateral-review constitutional-law constitutional-rights criminal-procedure due-process ex-post-facto jurisdiction retroactivity self-representation state-supreme-court |
Whether the order promulgating the 1992 amendments to Rule 32 constituted violations of guarantees against ex post facto law and due process under the… |
| 18-1488 |
John S. Cammalleri v. Florida |
Florida |
2019-05-29 |
Denied |
Response Waived |
confession confession-involuntariness criminal-procedure due-process fifth-amendment fourteenth-amendment involuntary involuntary-confession law-enforcement leniency |
Whether a 'specific' and 'direct' promise of leniency by a law enforcement official renders a defendant's confession involuntary pursuant to the Fifth… |
| 18-1491 |
Kaitlyn Nguyen v. United States |
Ninth Circuit |
2019-05-29 |
Denied |
Response Waived |
5th-amendment constitutional-rights criminal-procedure due-process evidence evidence-admissibility evidence-admission fifth-amendment inflammatory-evidence medical-clinic patient-deaths prejudicial-evidence prosecutorial-misconduct |
Whether petitioner's right to due process of law under the 5th Amendment, U.S. Constitution was violated by the prosecution's introduction of highly i… |
| 18-1476 |
Randy Lee Carney v. United States |
Fourth Circuit |
2019-05-28 |
Denied |
Response Waived |
alternative-sentence alternative-sentencing appellate-review career-offender circuit-split collateral-consequences criminal-procedure criminal-sentencing district-court-discretion guidelines harmless-error judicial-discretion judicial-error legal-error sentencing sentencing-guidelines sentencing-guidelines-error united-states-v-vonn |
When sentencing defendants, some district courts announce that they would impose the same length of imprisonment even if their conclusions of law and … |
| 18-1479 |
Jason P. Stinson v. United States |
Eleventh Circuit |
2019-05-28 |
Denied |
Response Waived |
26-usc-7402 burden-of-proof disgorge disgorgement due-process due-process,tax-preparation,26-usc-7402,permanent- evidence injunction internal-revenue-code litigation-conduct permanent-injunction tax-preparation tax-preparer |
Whether issuing a permanent injunction and an order to disgorge $949,000 against the owner of a tax preparation business under 26 U.S.C. § 7402 violat… |
| 18-9427 |
Willie Anthony Saxby, Jr. v. United States |
Fourth Circuit |
2019-05-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-prosecution dual-sovereignty due-process fair-notice federal-jurisdiction federal-state-jurisdiction pending-charges state-jurisdiction supervised-release |
Did the Federal Government violate the 'Doctrines of Dual Sovergeinship' which exist between Federal and State jurisdictions for prosecuting an 'alleg… |
| 18-9431 |
William Maurice Smith v. United States |
Ninth Circuit |
2019-05-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-justice-reform criminal-procedure criminal-procedure-retroactivity,sentencing-reform drug-distribution due-process first-step-act griffith-v-kentucky ninth-circuit ninth-circuit-review resentencing retroactive-application retroactivity sentencing sentencing-reform statutory-interpretation |
Does Griffith v. Kentucky, 479 U.S. 314, (1987) apply to First Step Act of 2018? |
| 18-9437 |
In Re Steven Weste |
|
2019-05-28 |
Denied |
IFP |
carpenter-v-united-states cell-site-location-information criminal-procedure exigent-circumstances fourth-amendment fourth-amendment-privacy government-subpoena privacy-rights subpoena warrant-requirement |
Does the government's use of a pretrial subpoena to obtain a defendant's historical cell-site location information (CSLI) from a wireless carrier viol… |
| 18-9442 |
Donald Loston v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-05-28 |
Denied |
Response WaivedIFP |
6th-amendment counsel-of-choice criminal-procedure due-process ineffective-assistance judicial-efficiency judicial-integrity reversible-error right-to-counsel sixth-amendment state-trial-court trial-court-discretion |
Whether a state trial court denial of counsel of choice is reversible error when no threat against the interest of judicial integrity and efficiency w… |
| 18-9445 |
Volvick Vassor v. Florida |
Florida |
2019-05-28 |
Denied |
Response WaivedIFP |
alternate-theories constitutional-rights criminal-conviction criminal-procedure due-process equal-protection griffin-v-united-states jury-instructions sufficiency-of-evidence yates-v-united-states |
Does the holding in Griffin v United States allow a conviction based on alternate theories of offense when only one theory is supported by the evidenc… |
| 18-9446 |
Davon Kelly Bennett v. United States |
Fourth Circuit |
2019-05-28 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination custodial-interrogation daubert-standard due-process evidence expert-witness-testimony motion-to-suppress rule-404b sixth-amendment |
Whether the District Court deprived Petitioner of his right to confront witnesses |
| 18-9447 |
QuintIn Irving Brown v. Virginia |
Virginia |
2019-05-28 |
Denied |
Relisted (2)IFP |
appeal conviction criminal-conviction criminal-procedure due-process judicial-boundaries jurisdiction jurisdictional-overreach procedural-error reversal state-law territorial-jurisdiction venue |
When a conviction occurs in any state of the United States where a county's jurisdiction occurs over 2,200 yards beyond its 300-yard permissible juris… |
| 18-9414 |
Donald Stewart Royce v. Florida |
Florida |
2019-05-24 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment confrontation-clause criminal-procedure cross-examination due-process evidence impeachment law-enforcement witness witness-testimony |
Whether a trial court abuses its discretion, within the confines of procedural due process in the U.S. Constitution's 14th Amendment, by limiting cros… |
| 18-9422 |
Davaus L. McCown v. United States |
Eleventh Circuit |
2019-05-24 |
Denied |
Response WaivedIFP |
4th-amendment controlled-buys criminal-pattern criminal-procedure drug-crimes drug-enterprise drug-sales fourth-amendment ongoing-activity ongoing-criminal-activity probable-cause probable-cause-search search-and-seizure search-warrant stale-information |
Whether two police-orchestrated, controlled buys demonstrate an ongoing pattern of drug sales sufficient to support probable cause for an otherwise-st… |
| 18-9428 |
Robert L. Jenkins v. Pelicia E. Hall, Commissioner, Mississippi Department of Corrections, et al. |
Fifth Circuit |
2019-05-24 |
Denied |
Response WaivedIFP |
appellate-jurisdiction bullcoming-v-new-mexico civil-rights confrontation-clause constitutional-rights crawford-v-washington criminal-procedure due-process evidence-law forensic-evidence judicial-review melendez-diaz-v-massachusetts testimonial-statements |
Whether the testimonial statements of witnesses about forensic testing may be admitted only where the declarant is unavailable, and only where the def… |
| 18-9430 |
Bobby Ray Turner v. Texas |
Texas |
2019-05-24 |
Denied |
IFP |
conviction criminal-procedure due-process equal-protection judicial-bias judicial-misconduct sentencing standards-of-review |
Whether a state judge's personal conviction from personal experience is legally sufficient to set aside a felony conviction |
| 18-1462 |
Nadejda Rozanova, et vir v. Rafael S. Uribe |
California |
2019-05-24 |
Denied |
Response Waived |
14th-amendment constitutional-rights due-process evidence evidence-omission fair-hearing fourteenth-amendment grannis-v-ordean judicial-fairness judicial-procedure legal-procedure omission omission-of-facts omission-of-laws state-court-conflict |
Whether the California courts violated petitioners' due process rights by omitting numerous relevant and probative facts and laws in their decisions, … |
| 18-9385 |
Cargil Nicholson v. Rollin Cook, Commissioner, Connecticut Department of Correction |
Connecticut |
2019-05-23 |
Denied |
IFP |
abuse-of-discretion appellate-review certification-of-appeal criminal-procedure discretionary-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel trial-counsel |
Whether the Connecticut Supreme Court erred by denying the petitioner certification to appeal from the Appellate Court? |
| 18-9388 |
In Re Ramsey Randall |
|
2019-05-23 |
Denied |
Relisted (2)IFP |
14th-amendment 4th-amendment 8th-amendment appellate-jurisdiction civil-procedure civil-rights constitutional-provisions criminal-procedure due-process federal-remedy free-speech habeas-corpus judicial-review standing statutory-provisions |
Whether the federal abstention doctrine restricts federal courts from providing relief to state criminal defendants who seek to challenge their convic… |
| 18-9394 |
Ward T. Evans v. Delaware |
Delaware |
2019-05-23 |
Denied |
Response WaivedIFP |
constitutional-challenge constitutionality-of-statute criminal-law criminal-offenses criminal-procedure criminal-statute double-jeopardy due-process in-forma-pauperis indictment indictment-counts statutory-interpretation three-strike-rule three-strikes-law |
Whether Delaware's 11 Del. Crim. C. sec. 773(2) defines three distinct criminal offenses |
| 18-9397 |
Miguel Angel Barron v. Raymond Madden, Warden |
Ninth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search |
Whether a state trial court's jury instruction that reduces the burden of proof or violates a principle of fairness contained in the due process claus… |
| 18-9402 |
David Lester Jackson v. California |
California |
2019-05-23 |
Denied |
IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure fourth-amendment fourth-amendment-rights ineffective-assistance-of-counsel probation probation-search search-and-seizure standing warrant-requirement warrantless-search |
Were-appellates Fourth Amend. rights violated |
| 18-9403 |
In Re Christopher Johnson |
|
2019-05-23 |
Denied |
IFP |
2255-motion 28-usc-2241 922g-offense binding-precedent circuit-precedent commerce-clause criminal-procedure erroneous-precedent federal-prisoner foreclosed-arguments habeas-corpus post-conviction-relief rehaif-v-united-states statutory-interpretation |
Whether a federal prisoner may file a habeas-corpus petition under 28-usc-2241 to raise arguments foreclosed by binding-but-erroneous circuit-preceden… |
| 18-9405 |
John Willie Mack, Jr. v. Kenneth Nelsen, Warden |
Fourth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
appeal civil-rights due-process evidence habeas-corpus ineffective-assistance-of-counsel ineffective-counsel misconduct right-to-counsel right-to-fair-trial |
Was the defendant denied effective assistance of counsel? |
| 18-9406 |
Ricky Carlos Grant v. United States |
Fourth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence expert-testimony standard-of-review telephone-evidence witness-qualification |
Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the United States District Court for Western District … |
| 18-9408 |
Freddie J. Hennington v. United States |
Fifth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
appeal appellate-procedure appellate-review circuit-court civil-procedure criminal-procedure dismissal due-process federal-jurisdiction judicial-discretion legal-review procedural-error sentencing standing |
Whether the Fifth Circuit erred by dismissing Mr. Hennington's appeal without considering the merits of his arguments |
| 18-9416 |
John O. Williams v. Florida |
Eleventh Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
constitutional-error constitutional-rights criminal-procedure due-process fundamental-fairness habeas-corpus jury-instruction jury-instructions lesser-included-offense |
Whether the district court judge's order of denial, denying the petitioner's habeas petition and claim, was contrary to or involved an unreasonable ap… |
| 18-9365 |
Jose Antonio Ramirez-Jaramillo v. United States |
Fifth Circuit |
2019-05-22 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rule federal-rules-of-criminal-procedure judicial-discretion plain-error sentencing sentencing-error statutory-interpretation statutory-range substantial-rights |
Whether an error in selecting the defendant's statutory range of imprisonment affects his or her substantial rights within the meaning of Federal Rule… |
| 18-9375 |
Saleem Elamin v. Superior Court of the District of Columbia |
District of Columbia |
2019-05-22 |
Denied |
Response WaivedIFP |
2nd-amendment armed-robbery civil-rights criminal-procedure due-process jurisdiction sentencing statutory-interpretation |
Can the government charge the minimum sentence of 2 years for an agreed offense of carrying a firearm during a robbery? |
| 18-9377 |
John Patrick Donohue v. Virginia |
Virginia |
2019-05-22 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process equal-protection jurisdiction parole probation sentencing standing |
Whether the Conditional release of an individual violates due process |
| 18-9382 |
Joshua Wofford v. United States |
Tenth Circuit |
2019-05-22 |
Denied |
Response WaivedIFP |
appellate-review chapman-standard chapman-v-california constitutional-error criminal-procedure due-process evidence evidence-construction harmless-error prosecutorial-evidence standard-of-review |
Whether the federal court of appeals failed to effectively apply the Chapman v. California harmless-error standard |
| 18-9353 |
Trista Rodriguez v. Nationwide Homes, Inc., et al. |
Tenth Circuit |
2019-05-21 |
Denied |
IFP |
civil-procedure civil-rights constitutional-law damages due-process evidence standing |
When does token for lawfulness purpose constitute evidence that constitutional and civil rights were violated by the defendants in establishing an inj… |
| 18-9361 |
Jordan Alexander Clemons v. Pennsylvania |
Pennsylvania |
2019-05-21 |
Denied |
IFP |
affidavit appellate-procedure civil-rights court-access criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment eighth-amendment-proportionality in-forma-pauperis indigence indigent-status juvenile-offenders juvenile-sentencing legal-representation life-imprisonment pro-bono |
Whether the Pennsylvania Supreme Court erred in rejecting petitioner's claim that his sentence of life imprisonment without parole for a crime committ… |
| 18-9369 |
Wade Travis Webb v. County of Pima, Arizona, et al. |
Ninth Circuit |
2019-05-21 |
Denied |
Relisted (2)IFP |
citizen-rights civil-rights constitutional-violations criminal-procedure due-process government-accountability grand-jury grand-jury-system legal-accountability prosecutorial-misconduct standing |
Whether the grand jury system is inherently flawed by allowing the government to damage citizens without consequences for constitutional violations |
| 18-9370 |
Mark A. Blankenship v. United States |
Ninth Circuit |
2019-05-21 |
Denied |
Response WaivedIFP |
appellate-jurisdiction criminal-procedure district-court district-court-determination fed-r-crim-p-35(b) federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-review reduced-sentence sentence-reduction sentencing sentencing-factor sentencing-factors |
Does appellate jurisdiction lie from a district court's determination that a particular sentencing factor is relevant to the imposition of a reduced s… |
| 18-9339 |
Anthony Dajuan Yates v. California |
California |
2019-05-20 |
Denied |
IFP |
batson batson-challenge batson-v-kentucky criminal-procedure disparate-impact equal-protection juror-selection jury-selection peremptory-challenge peremptory-challenges race-neutral-explanation racial-profiling |
Does a prosecutor's peremptory challenge of a prospective African-American juror based on the juror's perception of racial profiling by law enforcemen… |
| 18-9347 |
Sherrick A Sims v. Kansas |
Kansas |
2019-05-20 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-law constitutional-violation conviction criminal-procedure due-process evidence fourteenth-amendment judicial-procedure jury limine limine-orders prejudicial-testimony violation |
Was Mc. Sims denied due process of law when the District Court and Kansas Supreme Court upheld a conviction obtained by the State's violation of Three… |
| 18-9348 |
Willie Joe Williams v. Stephen Welch, et al. |
Fourth Circuit |
2019-05-20 |
Denied |
Response WaivedIFP |
appeal appeals criminal-procedure due-process habeas-corpus jurisdiction sentencing |
Whether or not the Stote Court And Federol Courhis) error in sending Petitioner to prison after dismissing Crime (sd and Charge ls) |
| 18-9278 |
In Re Edmond McClinton |
|
2019-05-17 |
Dismissed |
IFP |
actual-innocence civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel lack-of-due-process lack-of-jurisdiction miscarriage-of-justice probable-cause prosecutorial-misconduct |
There was no probable cause for arrest |
| 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 |
| 18-9308 |
Clarence Scranage, Jr. v. United States |
Fourth Circuit |
2019-05-17 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment 6th-amendment constitutional-rights counsel-waiver criminal-procedure due-process fifth-amendment pro-se pro-se-representation right-to-counsel self-representation sixth-amendment |
Whether Petitioner waived his Fifth and Sixth Amendment Rights |
| 18-9321 |
Jesus Cornelio Dolmo-Alvarez v. United States |
Fifth Circuit |
2019-05-17 |
Denied |
Response WaivedIFP |
criminal-procedure indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-9324 |
Robert Gordon Johnstone v. Nevada, et al. |
Ninth Circuit |
2019-05-17 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel mental-retardation ninth-circuit post-conviction-relief retrial-proceedings standing statutory-interpretation |
Whether the Fourteenth Amendment's due process clause requires a new trial for a mentally retarded criminal defendant whose original trial counsel was… |
| 18-9328 |
Diego Portocarrero Valencia v. United States |
Eleventh Circuit |
2019-05-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation-rights criminal-procedure drug-trafficking due-process high-seas-offense jurisdiction maritime-drug-law maritime-drug-law-enforcement-act maritime-law safety-valve sentencing stateless-vessel |
Is the Maritime Drug Law Enforcement Act (MDLEA) unconstitutional because no minimum contacts between the accused and the United States are required t… |
| 18-9333 |
Gustavo Gomez v. California |
Ninth Circuit |
2019-05-17 |
Denied |
IFP |
appeal case-law constitutional-rights court-of-appeals criminal-procedure due-process habeas-corpus judicial-review jurisdiction motion-to-amend sixth-amendment standing |
Were this Petitioner's Sixth Amendment rights according to the United States Constitution violated by the United States Court of Appeal for the Ninth … |
| 18-9340 |
Anes Subasic v. United States |
Fourth Circuit |
2019-05-17 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing statutory-interpretation |
Whether the U.S. Court of Appeals for the Fourth Circuit erred in denying my motion for a certificate of appealability and dismissing the appeal of my… |
| 18-1443 |
Nicholas Young v. United States |
Fourth Circuit |
2019-05-17 |
Denied |
|
civil-rights constitutional-activity constitutional-rights criminal-defendant-rights criminal-procedure due-process entrapment entrapment-defense free-speech material-support predisposition predisposition-evidence prior-activity similar-crime terrorist-organization thought-crime white-nationalism |
Whether evidence of a criminal defendant's prior, constitutionally protected activity may be admitted to prove the predisposition element of the entra… |
| 18-1439 |
Shanker Patel v. California |
California |
2019-05-16 |
Denied |
Response Waived |
accomplice-testimony cautionary-instruction circumstantial-evidence corroboration corroboration-requirement criminal-procedure due-process jury-instructions jury-trial sixth-amendment trial-rights |
Whether a trial court violates the jury trial guarantees of the Sixth Amendment and U.S. Const. art. III, § 2, cl. 3 by refusing to grant a defendant'… |
| 18-9297 |
Jeremy Shane Hall v. John Myrick, Superintendent, Two Rivers Correctional Institution |
Ninth Circuit |
2019-05-16 |
Denied |
Response RequestedResponse WaivedRelisted (5)IFP |
constitutional-rights criminal-procedure federal-habeas-corpus habeas-corpus ineffective-assistance professional-norms reasonableness-of-counsel record-evidence sixth-amendment state-post-conviction |
Whether a court can disregard record evidence of the prevailing professional norms in assessing the reasonableness of counsel's action or inaction und… |
| 18-9298 |
Anthony Barry and Brian Cahill v. Massachusetts |
Massachusetts |
2019-05-16 |
Denied |
Response WaivedIFP |
brady-violation confrontation-clause criminal-procedure due-process exculpatory-evidence exculpatory-information fundamental-fairness jury-trial post-conviction-evidence witness-testimony |
Whether intentional pre-trial withholding of exculpatory information violates the Confrontation Clause |
| 18-9300 |
Devon Waters, aka Devon Jones v. United States |
Fourth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review career-offender crime-of-violence criminal-defendant-appeal-waiver criminal-procedure drug-distribution drug-distribution-offense sentencing sentencing-guidelines |
Does a criminal defendant's waiver of his right to appeal a within guidelines sentence bar appellate review where the district court improperly senten… |
| 18-9303 |
Larry Ray Lincks v. United States |
Fifth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
appeal-waiver booker booker-remedy constitutional-challenge constitutional-law criminal-procedure criminal-sentencing due-process guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-guidelines sufficiency-of-evidence |
Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpretatio… |
| 18-9304 |
Abel De Leon v. United States |
Fifth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rule federal-rules-of-criminal-procedure guilty-plea pre-acceptance right-to-withdraw rule-11 withdrawal |
Whether a formal motion to withdraw a guilty plea is required to invoke the protections of Federal Rule of Criminal Procedure 11(d)(1) |
| 18-9306 |
Shawn Sayer v. United States |
First Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
18-usc-3553 criminal-procedure criminal-sentencing due-process maximum-sentence probation-report procedural-error procedural-reasonableness sentencing sentencing-guidelines substantive-reasonableness upward-variance |
Whether the district court erred by imposing a sentence without adequate explanation pursuant to 18 U.S.C. § 3553(c), and the length of which sentence… |
| 18-9310 |
Roberto Nieto Cruz v. Texas |
Texas |
2019-05-16 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process extraneous-evidence extraneous-offense-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard |
Whether the Court of Appeals erred in misapplying the Strickland standard and depriving the Appellant of his constitutional rights to due process and … |
| 18-9314 |
Randall Pierce v. Stuart Sherman, Warden |
Ninth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
access-to-courts civil-procedure clearly-established-law criminal-procedure due-process habeas-corpus ninth-circuit pleadings pro-se pro-se-pleadings sentencing-information standing supreme-court |
Was the District Court Judge's liberal construction of the pro se pleadings a denial of access to the courts? |
| 18-9315 |
Casey Peebles v. United States |
Eighth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
1st-circuit 8th-circuit circuit-conflict circuit-split codefendant-testimony criminal-procedure due-process exculpatory-testimony federal-rules-of-evidence newly-discovered-evidence rule-33 |
Should a district court automatically exclude exculpatory testimony from a non-testifying codefendant as not newly discovered evidence or should that … |
| 18-9281 |
Randy Burke v. Diane Prosper, Acting Warden, et al. |
Virgin Islands |
2019-05-15 |
Denied |
IFP |
6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel |
Whether the counsel's failure to cross-examine the main witness Beatrice Lawrence constituted ineffective assistance of counsel |
| 18-9289 |
In Re Michael Leon Haley, Sr. |
|
2019-05-15 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure criminal-sentencing due-process equal-protection false-testimony habeas-corpus ineffective-assistance-of-counsel miscarriage-of-justice prosecutorial-misconduct sentencing third-strike |
Whether petitioner is actually innocent of being eligible for a third-strike sentence under 42 PA. C. S. §9714(g) |
| 18-9295 |
Juan Aurelio Sanchez v. Arizona |
Arizona |
2019-05-15 |
Denied |
IFP |
arizona-rules-evidence civil-procedure civil-rights constitutional-rights criminal-procedure due-process fraud-upon-court judicial-misconduct judicial-process prior-judgment-preclusion standing takings |
Can Arizona courts refuse to afford relief for fraud upon the court that is deeply embedded in the justice system? |
| 18-1428 |
Gatehouse Media New York Holdings, Inc., et al. v. New York, et al. |
New York |
2019-05-15 |
Denied |
|
criminal-procedure first-amendment press press-access press-rights public public-access public-right standing voir-dire |
Whether the failure of state criminal procedural rules to authorize standing for the press to assert the public's First Amendment right of access to v… |
| 18-1433 |
Milton Balkany v. United States |
Second Circuit |
2019-05-15 |
Denied |
Response Waived |
actual-innocence criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan miscarriage-of-justice procedural-default reasonable-doubt trevino-v-thaler |
Whether a lower court can apply a default rule or ignore precedent on actual innocence and ineffective assistance of counsel claims |
| 18-9255 |
Santosh Ram v. United States |
Eighth Circuit |
2019-05-14 |
Rehearing |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines |
Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co… |
| 18-9257 |
Lonnie Rarden v. Ohio |
Ohio |
2019-05-14 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process fourth-amendment habeas-corpus judgment merits mitigating-evidence opinion petition search-and-seizure sentencing state-court state-courts writ-of-certiorari |
Whether the petitioner's due process rights were violated when the state court failed to consider mitigating evidence during sentencing |
| 18-9259 |
Akunna Baiyina Ejiofor v. United States |
Tenth Circuit |
2019-05-14 |
Denied |
Response WaivedIFP |
affidavit criminal-procedure fourth-amendment good-faith-exception plain-language plain-meaning search-warrant search-warrant-affidavit standard-of-review suppression-motion tenth-circuit |
May a reviewing court uphold a search by reading a statement in a search-warrant affidavit contrary to its plain meaning? |
| 18-9277 |
Melvin Scott Morman v. United States |
Eleventh Circuit |
2019-05-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
§-2255-motion armed-career-criminal-act burden-of-proof circuit-split criminal-procedure enumerated-offenses-clause johnson-rule johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony |
When the record is silent as to which enhancement clause applied, what showing is a § 2255 movant required to make to prove he is entitled to relief o… |
| 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 |
Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated |
| 18-9240 |
Carlos Cordoba v. United States |
Second Circuit |
2019-05-13 |
Denied |
Response WaivedRelisted (2)IFP |
attorney-misconduct criminal-procedure discovery-of-new-facts due-process equitable-tolling habeas-corpus ineffective-assistance-of-counsel limitations-period rule-35 section-2255 statute-of-limitations |
Should the district court have conducted an evidentiary hearing in order that Mr. Cordoba could have presented proof of his reliance on his attorney's… |
| 18-9241 |
Sealed Appellant v. Sealed Appellee |
Fifth Circuit |
2019-05-13 |
Denied |
Response WaivedRelisted (2)IFP |
attorney-client-privilege attorney-representation civil-rights conflict-of-interest criminal-investigation criminal-procedure cuyler-v-sullivan due-process prosecutorial-ethics right-to-counsel strickland-v-washington structural-error |
When a lawyer is named as a suspect in the same criminal investigation as his client, should lower courts review the conflict under Cuyler v. Sullivan… |
| 18-9198 |
John Naasz v. Texas |
Texas |
2019-05-10 |
Denied |
IFP |
14th-amendment criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment sudden-passion sudden-passion-defense |
Whether a Texas prisoner has a right to effective counsel in collateral review proceedings |
| 18-9231 |
Matthew Leachman v. Texas |
Texas |
2019-05-10 |
Denied |
Response WaivedIFP |
constitutional-interpretation continuing-jeopardy criminal-procedure double-jeopardy due-process felony-conviction indictment indictment-strategy retrial retrial-rights |
Whether a State may break the original indictment into discrete pieces to obtain multiple trials in a retrial comprising 'continuing jeopardy' where t… |
| 18-9233 |
Michael Perales v. United States |
Fifth Circuit |
2019-05-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-appeals criminal-procedure district-court-discretion due-process plain-error procedural-reasonableness reasonableness sentencing sentencing-explanation sentencing-guidelines sentencing-procedure |
Is a district court's gross failure to explain an above-range sentence or to respond to arguments for a lesser sentence reversible on plain error? |
| 18-9235 |
Richard McMillan, III v. Florida |
Florida |
2019-05-10 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure due-process evidence inconsistent-evidence inconsistent-testimony judicial-discretion motion-for-acquittal motion-for-judgment-of-acquittal petitioner-defense state-evidence trial trial-court trial-court-evidence |
Can the Trial Court forbid Submission of Evidence at trial that supports Petitioner's Defense, when in fact, there's a dispute? |
| 18-9236 |
Amy Gonzalez and David Thomas Matusiewicz v. United States |
Third Circuit |
2019-05-10 |
Denied |
Response WaivedIFP |
18-usc-2261a,overbreadth,free-speech,first-amendme 6th-amendment 6th-amendment-unanimity,criminal-procedure,jury-in 6th-amendment,5th-amendment,sentencing,jury-trial, actus-reus criminal-procedure criminal-procedure,evidence,character-evidence,pre criminal-procedure,evidence,polygraph,crane-v-kent criminal-procedure,jury-instructions,causation,act criminal-verdict due-process jury-instruction jury-trial jury-unanimity sixth-amendment Whether 18 U.S.C. § 2261A is unconstitutionally ov Whether a person can be convicted for stalking res Whether Crane v. Kentucky 476 U.S. 683 690 (1986 Whether sentencing courts may continue to violate Whether the admissibility of a civil judicial opin |
Whether juries must unanimously agree on the actus reus element of offenses |
| 18-1413 |
Brandon D. Woodruff v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-10 |
Denied |
|
' 'habeas-corpus" ' 'prosecutorial-misconduct" ' 'right-to-confrontation" ' 'right-to-counsel" ' 'sixth-amendment" ' 'standard-of-review' certificate-of-appealability criminal-procedure due-process habeas-corpus jail-telephone-calls prosecutorial-conduct prosecutorial-misconduct right-to-counsel sixth-amendment |
Whether the denial of a certificate of appealability by the Fifth Circuit Court of Appeals constituted reversible error, given the prosecutor's violat… |
| 18-1408 |
John Washek v. Vermont |
Vermont |
2019-05-09 |
Denied |
Response Waived |
complete-defense constitutional-rights criminal-behavior criminal-charge criminal-procedure due-process evidence-presentation fourth-amendment innocent-behavior probable-cause reasonable-suspicion right-to-defense terry-stop |
Whether Defendant/Petitioner John Washek's Fourth Amendment rights were violated because the police officer's Terry stop was based on observations muc… |
| 18-1411 |
Jeffrey Isaacs v. Trustees of Dartmouth College, et al. |
First Circuit |
2019-05-09 |
Denied |
Response Waived |
abuse-of-discretion administrative-law due-process evidence evidence-spoliation medical-license medical-licensing protected-conduct rehabilitation-act retaliation section-1983 title-ix |
Whether the NH District Court abused its discretion in dismissing a Rehabilitation Act retaliation claim, failing to hold Dartmouth accountable for de… |
| 18-9199 |
Peter Alfred Perez v. Michigan |
Michigan |
2019-05-09 |
Denied |
IFP |
brady-violation constitutional-rights criminal-procedure crosby-hearing due-process impartial-jury ineffective-assistance ineffective-counsel jury-impartiality mistrial resentencing |
Did the trial court abuse its discretion in denying relief from judgment based on a violation of the right to an impartial jury and ineffective assist… |
| 18-9213 |
James Paine v. United States |
Eighth Circuit |
2019-05-09 |
Denied |
Response WaivedIFP |
conviction-analysis criminal-history criminal-procedure judicial-interpretation perceived-seriousness point-calculation sentencing-guidelines seriousness similar-offenses u.s.s.g.-§4a1.2(c) united-states-sentencing-guidelines |
Should the court analyze whether a conviction is similar to the offenses listed in U.S.S.G. §4A1.2(c) as a group or solely for perceived seriousness w… |
| 18-9217 |
Kirk Lurton Grummitt, et al. v. United States |
Eighth Circuit |
2019-05-09 |
Denied |
Response WaivedIFP |
armed-career-criminal-act career-offender-guidelines collateral-review criminal-procedure federal-habeas-corpus johnson-decision johnson-v-united-states residual-clause retroactivity sentencing sentencing-guidelines statute-of-limitations |
Whether the 'right' in Johnson, which invalidated the residual clause of the Armed Career Criminal Act, triggers this statute of limitations for a pet… |
| 18-9156 |
Joseph Vincent Sisneros v. Eric Arnold, Warden |
Ninth Circuit |
2019-05-08 |
Denied |
IFP |
civil-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus jury-instructions sentencing state-court-review |
Was the State Court and District Courts rulings based upon an unreasonable application of U.S. Supreme Court precedence, or contrary to U.S. Supreme C… |
| 18-9167 |
Michael J. Pendleton v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset |
Pennsylvania |
2019-05-08 |
Denied |
IFP |
14th-amendment amendment-violation constitutional-rights contract-clause conviction-resentencing criminal-procedure criminal-sentencing due-process ex-post-facto non-existent-crime state-federal-government state-legislation state-legislature substantive-due-process |
Whether the Commonwealth of Pennsylvania violated the petitioner's substantive due process rights by convicting and resentencing him for a non-existen… |
| 18-9189 |
Vernell Conley v. Wendy Kelley, Director, Arkansas Department of Correction |
Arkansas |
2019-05-08 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy drug-offense due-process evidence hicks-v-oklahoma jury jury-trial sentencing |
Did the refusal to order re-sentencing on the remaining conviction, limited to evidence supporting that conviction, violate Conley's right to due proc… |
| 18-9194 |
Noah Espada v. Texas |
Texas |
2019-05-08 |
Denied |
IFP |
brady-violation constitutional-law criminal-procedure death-penalty double-jeopardy due-process federal-law perjury reversal |
Whether a Brady violation, that results in the reversal of a death sentence because of perjury stemming from the Brady violation, implicates the Doubl… |
| 18-9202 |
Edilberto Maso Diaz v. United States |
Fifth Circuit |
2019-05-08 |
Denied |
Response WaivedIFP |
co-conspirator co-conspirator-testimony confrontation-clause conspiracy criminal-conviction criminal-procedure cumulative-error due-process evidence evidentiary-sufficiency fifth-circuit-review hearsay hearsay-evidence hearsay-statements jury-instructions standard-of-review trial-procedure |
Did the Fifth Circuit err by affirming the district court admission of hearsay statements made by an unindicted co-conspirator over the objection of A… |
| 18-9205 |
Antonio Ballesteros v. United States |
Fifth Circuit |
2019-05-08 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-clause-6th-amendment criminal-procedure importation machine-generated-data sentencing sentencing-guidelines sixth-amendment strict-liability |
Whether GPS Data prepared specifically for an ongoing investigation and culled from several databases is machine-generated data that implicates the Si… |
| 18-9206 |
Mitchell Felix Brooks v. United States |
Fourth Circuit |
2019-05-08 |
Denied |
Response WaivedIFP |
civil-procedure criminal-law criminal-procedure district-court-discretion due-process federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-compliance rule-11 sentencing supervisory-powers supervisory-powers-of-lower-courts |
Whether the District Court Judge abused its discretion in violation pursuant to Rule 11 |
| 18-9153 |
Albert Randolph v. Texas |
Texas |
2019-05-07 |
Denied |
Relisted (2)IFP |
appeals constitutional-law constitutional-provisions criminal-appeals criminal-procedure due-process fourteenth-amendment habeas-corpus legal-review prosecutorial-misconduct standing statutory-provisions supreme-court writ-of-certiorari |
Whether the Court of Criminal Appeals erred in denying Petitioner a new trial? |
| 18-9154 |
Jeffrey William Smith v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2019-05-07 |
Denied |
Response WaivedIFP |
civil-procedure-criminal constitutional-rights criminal-case criminal-procedure due-process judicial-discretion jury-instructions life-imprisonment life-sentence mitigating-factors sentencing sentencing-guidelines separation-of-powers statutory-interpretation |
Whether the circuit court erred in failing to correct a defective jury instruction |
| 18-9175 |
Corey Milledge v. Gray English, Assistant Warden |
Eleventh Circuit |
2019-05-07 |
Denied |
IFP |
bowen-v-warden civil-rights due-process evidence farmer-v-brennan harm prison standing threat united-states-v-white |
Whether a threat to inflict physical or other harm constitutes a substantial risk of serious harm in light of principles set forth in United States v.… |
| 18-9177 |
Robert Murphy v. Ron Neal, Superintendent, Indiana State Prison |
Seventh Circuit |
2019-05-07 |
Denied |
Response WaivedIFP |
brady-violation cell-phones criminal-procedure digital-evidence due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel miranda-rights privacy search-and-seizure sixth-amendment |
Whether the government's warrantless search of a person's cell phone violates the Fourth Amendment's protection against unreasonable searches and seiz… |
| 18-9180 |
Cesar Arce-Hernandez v. United States |
Ninth Circuit |
2019-05-07 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-justice-act criminal-procedure garza-v-idaho indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-proceedings right-to-counsel sixth-amendment |
Does a Sixth Amendment claim of ineffectiveness of assistance of counsel during pretrial proceedings survive a general waiver of the right to appeal i… |
| 18-1393 |
William T. Walters v. United States |
Second Circuit |
2019-05-07 |
Denied |
|
criminal-procedure evidentiary-hearing grand-jury-secrecy presumption-of-prejudice prosecutorial-misconduct rule-6(e) rule-6e-violation structural-error |
Whether systematic and pervasive government misconduct that violates Federal Rule of Criminal Procedure 6(e) is structural error giving rise to a pres… |
| 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 petitioner denied due process and equal protection when a state judiciary refuses to acknowledge that 'fear' is a passion that deprived the petit… |
| 18-9147 |
Donald G. Flint v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-06 |
Denied |
Relisted (2)IFP |
5th-amendment 6th-amendment boykin-admonishments constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-precedent sixth-amendment supreme-court-precedent |
Was the federal district court's finding and the Fifth Circuit Court's finding contrary to the precedent of the Supreme Court, as well as a violation … |
| 18-9151 |
Blake Joseph Sandlain v. United States |
Sixth Circuit |
2019-05-06 |
Denied |
Response WaivedIFP |
6th-amendment appellate-counsel capital-punishment criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prejudice successive-petition |
Does the Sixth Amendment right to effective assistance of counsel require a showing of prejudice to establish a claim that appellate counsel was ineff… |
| 18-9164 |
Antonio Muro, Jr. v. United States |
Fifth Circuit |
2019-05-06 |
GVR |
Relisted (2)IFP |
appellate-review criminal-procedure due-process judicial-review jurisdiction objection procedural-requirement reasonableness reasonableness-standard sentencing |
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sente… |
| 18-9067 |
Sharma Ross v. Christopher Miller, Superintendent, Great Meadow Correctional Facility |
Second Circuit |
2019-05-03 |
Denied |
IFP |
civil-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment standing |
Was petitioner denied his due process rights as enumerated under the Fifth, Sixth and Fourteenth Amendments? |
| 18-9070 |
Gabriel Urzua Sanchez v. United States |
Sixth Circuit |
2019-05-03 |
Denied |
IFP |
abuse-of-discretion criminal-procedure direct-appeal district-court fifth-amendment first-step-act mandatory-minimum privilege sentencing witness-testimony |
Whether the district court abused its discretion in failing to properly determine that Mr. Sanchez's proposed witnesses had a valid Fifth Amendment pr… |
| 18-9100 |
Corry Mency v. Florida |
Florida |
2019-05-03 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey blakely-v-washington blakey-v-washington constitutional-due-process criminal-procedure due-process judicial-factfinding jury-trial jury-trial-right sentencing sentencing-enhancement sentencing-enhancements statutory-interpretation statutory-maximum trial-judge |
Whether the First District erred in deferring to the Circuit Court's finding that section 775.084 is not unconstitutional as applied to the facts of M… |
| 18-9108 |
Milton Mitchell v. Glen Johnson, Warden |
Eleventh Circuit |
2019-05-03 |
Denied |
IFP |
appellate-procedure constitutional-rights criminal-procedure due-process due-process-of-law equal-protection equal-protection-of-law grand-jury guilty-plea habeas-corpus indictments ineffective-assistance |
Whether the lower courts erred in failing to order the respondent to show cause and provide indictments, trial transcripts, habeas corpus, and all pro… |
| 18-9119 |
Kirby Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-03 |
Dismissed |
IFP |
appellate-procedure constitutional-law criminal-procedure custody-control double-jeopardy double-jeopardy-clause evidence full-faith-and-credit-clause full-faith-credit judicial-review liberty-interest parole prosecution re-imprisonment retrospective-forfeiture statutory-interpretation |
Whether the Full Faith & Credit Clause, Double Jeopardy Clause prohibits the State of Texas from re-prosecuting & re-imprisoning petitioner for an exp… |
| 18-9120 |
Russell Frey v. Illinois |
Illinois |
2019-05-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-sexual-assault cumulative-error due-process effective-assistance-of-counsel evidentiary-issues fair-trial harmless-error ineffective-assistance-of-counsel jury-trial prejudice right-to-counsel |
Whether the defendant's constitutional right to effective assistance of counsel was violated due to counsel's overall health and performance |
| 18-9121 |
Jerry L. Gater v. United States |
Eighth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process faretta-v-california jury-trial-guarantee nelson-v-colorado presumption-of-innocence pro-se right-to-counsel sentencing-factors voir-dire |
Does a defendant have a right to participate in voir dire when proceeding pro se? |
| 18-9124 |
Garland D. Miller v. United States |
Fifth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
coram-nobis criminal-procedure federal-courts federal-criminal-procedure illegal-sentence judicial-jurisdiction restitution rule-35 sentencing sentencing-correction statutory-interpretation title-18 |
Does jurisdiction exist to correct an illegal sentence at any time? |
| 18-9130 |
Shaun Allen Dick v. Oregon |
Oregon |
2019-05-03 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment incorporation incorporation-doctrine jury-unanimity sixth-amendment unanimous-jury-verdict unanimous-verdict |
Does the Fourteenth Amendment fully incorporate the Sixth Amendment guarantee of a unanimous verdict? |
| 18-9132 |
Earlie Dickerson v. United States |
Fifth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-standard federal-rule-criminal-procedure federal-rules-of-criminal-procedure government-witness government-witnesses motion-for-new-trial newly-discovered-evidence perjury trial-motion witness-credibility witness-testimony |
Whether new evidence that Government witnesses provided untruthful statements during a trial can ever satisfy the requirements for a motion for new ba… |
| 18-9133 |
Abdul Karim Bangura v. United States |
Fourth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourth-circuit-review guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice right-to-counsel sentencing-enhancement withdrawal |
Whether the district court erred in denying the defendant's motion to withdraw his guilty plea |
| 18-9134 |
Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-03 |
Denied |
Relisted (2)IFP |
amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony |
Whether the medical records were improperly excluded from evidence |
| 18-9135 |
Joseph Malcomb v. Pennsylvania |
Pennsylvania |
2019-05-03 |
Denied |
IFP |
criminal-procedure criminal-sentencing felony-classification judicial-discretion judicial-review legislative-amendment legislative-changes offense-gravity-score sentence-modification sentencing-reduction statutory-interpretation |
Was the Petitioner entitled to a sentence Modification / Reduction |
| 18-1385 |
Ruben Delhorno v. United States |
Seventh Circuit |
2019-05-03 |
Denied |
Response Waived |
coram-nobis criminal-procedure deportation-consequences habeas-corpus immigration immigration-consequences immigration-proceedings ineffective-assistance ineffective-assistance-of-counsel padilla-v-kentucky padilla-waiver sixth-amendment writ-of-error-coram-nobis |
Whether a Padilla constitutional waiver may be inferred without an evidentiary hearing by mere passage of time where defendant sought neither a direct… |
| 18-9084 |
Edward JoRodge Gladney v. United States |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
criminal-procedure diminished-capacity due-process evidentiary-hearing expert-testimony ineffective-assistance ineffective-assistance-of-counsel mental-capacity plea-bargaining plea-voluntariness sentencing sentencing-mitigation |
Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegation… |
| 18-9086 |
Roel Daniel Galvan v. United States |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
carachuri-rosendo-v-holder criminal-procedure criminal-sentencing due-process felon-in-possession felony firearm-possession hypothetical-facts misdemeanor misdemeanor-predicate predicate-offense sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement sixth-amendment united-states-sentencing-guidelines |
Whether the four-level enhancement for possessing a firearm in connection with another felony offense pursuant to U.S.S.G. §2K2.1(b)(6)(B) applies whe… |
| 18-9092 |
Juan Lopez-Hernandez v. United States |
Ninth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
aggravated-felony categorical-approach civil-rights crime-of-violence criminal-procedure due-process elements-of-state-statute immigration permanent-resident removal-order state-court-decisions statutory-interpretation |
Whether federal courts applying the categorical approach must rely on state court decisions that establish the elements of state court statute of conv… |
| 18-9094 |
Marty J. Hebert v. Louisiana |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment |
Has the State of Louisiana committed Constitutional Error in its refusal to Order production of Dr. Laga's grand jury testimony to petitioner? |
| 18-9102 |
Michael Bazan v. Robert Whitfield, et al. |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
4th-amendment civil-procedure civil-rights constitutional-law due-process evidence excessive-force qualified-immunity standing |
Whether the Court of Appeals erred in denying Petitioner's Excessive-Force claim |
| 18-9104 |
Kurt Zamor v. United States |
Eleventh Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
appellate-procedure common-carrier criminal-procedure criminal-procedure-rule-16 evidence evidence-sufficiency expert-testimony firearms firearms-regulation mens-rea sentencing sentencing-review statutory-interpretation |
Whether the Eleventh Circuit failed to properly apply Title 18 U.S.C. Section 922(e) |
| 18-9109 |
Jose Christian Nunez-Belemontes v. United States |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
administrative-law administrative-order constitutional-violation criminal-procedure criminal-proceeding dea drug-enforcement-administration due-process notice opportunity-to-be-heard title-21 title-21-usc-841 title-21-usc-841a |
Is an administrative order conclusive and in violation of constitutional due process without the administrator providing notice and opportunity to be … |
| 18-9110 |
Darius T. Murphy v. New Jersey |
New Jersey |
2019-05-02 |
Denied |
IFP |
actual-innocence civil-rights criminal-procedure due-process evidence evidentiary-standard legal-claim misidentification totality-of-circumstances |
What spectrum of evidence is required to prove actual innocence claim? |
| 18-9042 |
Kingy Ossarius Holden v. United States |
Eleventh Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
4th-amendment 6th-amendment appellate-counsel criminal-procedure due-process ineffective-assistance-of-counsel newly-discovered-evidence search-and-seizure |
Whether the district court erred in denying the appellant's claims related to an unconstitutional search and seizure, ineffective assistance of trial … |
| 18-9051 |
Quintonius B. Golston v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-01 |
Denied |
IFP |
brady-v-maryland brady-violation circuit-conflict conflict criminal-procedure due-process evidence-suppression federal-question fifth-circuit important-question prosecutorial-misconduct |
Whether the United States Court of Appeals Fifth Circuit has decided an important federal question that conflicts with this Court in Brady v. Maryland… |
| 18-9055 |
Ronald Ray Horner v. United States |
Ninth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
civil-rights constitutional-protections constitutional-rights criminal-procedure due-process extra-territorial-jurisdiction extraterritorial-jurisdiction fifth-amendment international-law sovereign-territory supreme-court-precedent |
Does the fact that the Appellant was arrested and questioned in Canada immunize the United States Attorney from following the Constitution of the Unit… |
| 18-9062 |
Derek Ray King v. United States |
Fifth Circuit |
2019-05-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release |
whether-violations-of-supervised-release-require-jury-proof-beyond-reasonable-doubt |
| 18-9065 |
Charlene Terry-Ann Walker Rosa v. Florida, et al. |
Eleventh Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process fundamental-rights ineffective-assistance-of-counsel ineffective-counsel sixth-amendment strategic-decision strickland-v-washington |
Whether petitioner's claim of ineffective assistance of counsel is governed by the applicable test of Strickland v. Washington |
| 18-9074 |
Aaron Francois v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment civil-rights constitutional-rights conviction-challenge criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel louisiana-constitution sufficiency-of-evidence trial-error |
Whether the evidence was sufficient to establish that the murder and underlying felony of armed robbery formed a continuous transaction without a sign… |
| 18-9081 |
Scott Books v. United States |
Seventh Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
brooks-v-tennessee coerced-confession confession-suppression criminal-procedure due-process impeachment right-to-counsel self-incrimination self-incrimination-5th-amendment |
Under Brooks v. Tennessee, did the district court's ruling permitting impeachment with the coerced confession and its physical fruit impermissibly int… |
| 18-1369 |
James Bradley Anderson v. Washington |
Washington |
2019-05-01 |
Denied |
|
bill-of-particulars criminal-procedure double-jeopardy due-process ineffective-assistance jury-instructions pre-trial-notice prosecutorial-discretion |
Must the particulars of each count of an information be specified prior to trial, or can a prosecutor be allowed to match alleged acts to the counts i… |
| 18-9032 |
Michael Slager v. United States |
Fourth Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
civil-rights credibility-of-witness criminal-procedure due-process expert-testimony legal-standard officer-involved-shooting police-misconduct police-use-of-force second-degree-murder use-of-force voluntary-manslaughter |
Did the district court deny Petitioner's right to due process when it found that the underlying conduct at issue here—Officer Michael Slager's shootin… |
| 18-9034 |
Norman Lee Shillings v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2019-04-30 |
Denied |
IFP |
alias-name civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence fourteenth-amendment identity tampering-with-evidence |
Can the presentation of an (Alias) or Gender specific name used during arrest, booking, and bonding procedures be charged as Tampering with Evidence, … |
| 18-9037 |
Rolander Brown v. Nebraska |
Nebraska |
2019-04-30 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure due-process exclusionary-rule fourth-amendment good-faith-exception search-and-seizure stored-communications-act |
Whether the 'good faith exception' to the exclusionary rule should apply to court orders obtained pursuant to the Federal Stored Communications Act |
| 18-9043 |
Bryan Binkholder v. United States |
Eighth Circuit |
2019-04-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
5th-amendment criminal-procedure criminal-procedure-rights due-process plea-bargaining sentencing victim-rights victims-rights writ-of-mandamus |
Did the Crime Victims Rights Act, 18 USC 3771 (CVRA), and its 72 hour review requirement for a petition of Writ of Mandamus violate the Constitutional… |
| 18-9045 |
Kevin Robinson v. Steven Johnson, Administrator, New Jersey State Prison |
Third Circuit |
2019-04-30 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial impartial-jury ineffective-assistance jury-impartiality self-incrimination sixth-amendment |
Are trial attorneys obligated to protect every fundamental right entitled to defendants under the United States Constitutional Amendments? |
| 18-9048 |
Brian Boykins v. Robert Napel, Warden |
Sixth Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof civil-rights criminal-procedure due-process evidentiary-hearing federal-court right-to-counsel standard-of-review standing trial-court-record |
Whether a federal court must grant an evidentiary hearing and findings, contrary to Townsend v. Sain, 372 U.S. 293 (1963) |
| 18-9049 |
Jackie Madore v. United States |
First Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-waivers contract-law criminal-law criminal-procedure due-process plea-agreement plea-bargaining sentencing sentencing-disparity |
Whether the Supreme Court should review appellate waivers in criminal cases under principles of contract law |
| 18-9003 |
Ariel Brown v. United States |
Fifth Circuit |
2019-04-29 |
Denied |
Response WaivedIFP |
and whether false allegations in a Presentence In burden-of-proof criminal-procedure due-process government-burden presentence-report sentencing sentencing-enhancement weapons-enhancement weapons-possession |
When a defendant submits a sworn Declaration denying key elements of a weapons enhancement, can the defendant be enhanced without the Government meeti… |
| 18-9004 |
Vaughn S. Archer v. Daniel Paramo, Warden |
Ninth Circuit |
2019-04-29 |
Denied |
Response WaivedIFP |
boykin-advisement criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-trial sentencing sentencing-reduction statutory-interpretation statutory-reduction trial-court-advisement |
Whether Archer knowingly and voluntarily entered into a guilty plea where the trial court failed to advise him as to the potential application of a st… |
| 18-9026 |
Arrez Meliton-Salto v. United States |
Ninth Circuit |
2019-04-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guidelines-range molina-martinez-v-united-states plain-error prejudice record-silence sentencing sentencing-guidelines |
Whether the defendant may rely on the district court's error alone to show prejudice under plain error review when the record is silent as to what the… |
| 18-9029 |
Tyron James v. Kansas |
Kansas |
2019-04-29 |
Denied |
IFP |
appeal apprendi civil-rights constitutional-challenge conviction criminal-conviction criminal-procedure due-process retroactive-application retroactivity sentencing sentencing-guidelines sixth-amendment unconstitutional-error upward-departure |
Whether a conviction based on an unconstitutional sentencing enhancement can be overturned under this Court's decisions in Apprendi and Alleyne |
| 18-1359 |
William Shannon Gresham v. Tennessee |
Tennessee |
2019-04-29 |
Denied |
Response Waived |
acquitted-conduct criminal-procedure double-jeopardy due-process jury-trial sentencing sentencing-enhancement sixth-amendment sufficiency-of-evidence |
Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's sent… |
| 18-9006 |
Donald Ray Boles v. United States |
Second Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
appellate-review apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-fact-finding judicial-precedent prior-conviction prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment |
Whether the holding of Almendarez-Torres v. United States should be reconsidered |
| 18-9010 |
Joel Augutuk Mayokok v. United States |
Eighth Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-error re-sentencing sentence-reasonableness sentencing sentencing-discretion sentencing-guidelines substantive-reasonableness unsupported-enhancement |
Did the District Court's decision at re-sentencing to re-impose the same 240-month sentence it initially imposed, where the Court had erred in its ini… |
| 18-9011 |
Anthwaun Jordan v. Texas |
Texas |
2019-04-26 |
Denied |
Response RequestedRelisted (2)IFP |
6th-amendment civil-procedure due-process habeas-corpus ineffective-assistance-of-counsel standing civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance right-to-counsel |
Was the petitioner denied his right to the effective assistance of counsel |
| 18-9015 |
Diego Rodrigo Perea v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability confrontation-clause constructive-denial criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment |
Was the State Court's rejection of the Petitioner's claim that he was constructively denied the assistance of counsel |
| 18-9020 |
Michael Marshall v. United States |
Fourth Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure due-process federal-appeal federal-courts federal-jurisdiction fourth-circuit guilty-plea jurisdictional-grounds plea-bargaining sentencing |
Whether the writ should issue so that this Court may decide whether Petitioner's guilty plea was valid |
| 18-8987 |
Michael Wainaina Kariuki v. Washington |
Washington |
2019-04-26 |
Denied |
IFP |
assault constitutional-law conviction criminal-conviction criminal-procedure due-process jurisdiction jury-instructions legal-relief procedural-error second-degree-assault sexual-assault standing victim |
Whether the defendant, Michael Kariuni, is entitled to reversal of the second-degree-assault conviction with instructions to dismiss |
| 18-8997 |
Troy Williams v. Florida |
Florida |
2019-04-25 |
Denied |
Response WaivedIFP |
brady-violation constitutional-error constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-procedure legal-standard post-conviction-relief |
Whether the Post Conviction Court erred when it failed to conduct an evidentiary hearing on Petitioner's Motion for Post Conviction Relief based upon … |
| 18-8998 |
Juan Garcia v. United States |
Tenth Circuit |
2019-04-25 |
Denied |
Response WaivedIFP |
compulsory-process constitutional-rights criminal-procedure deportation due-process governmental-bad-faith governmental-misconduct harmless-error material-witness sixth-amendment witness-deportation |
Whether a defendant must prove governmental bad faith to establish a compulsory process clause violation? |
| 18-8974 |
Stanley Bruce Roberson v. Texas |
Texas |
2019-04-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-evidence criminal-procedure due-process equal-protection evidence scientific-evidence scientific-reliability statistical-extrapolation statistical-sampling unvalidated-methods |
Does the unvalidated method of statistical extrapolation constitute scientifically reliable evidence? |
| 18-8975 |
Derran Smiley v. William Muniz, Warden |
Ninth Circuit |
2019-04-24 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ex-post-facto kidnapping kidnapping-enhancement one-strike-statute penal-code retroactive-statute sentencing statutory-interpretation |
Did the California Supreme Court err in imposing the one strike statute of Penal Code section 667.61, when Souley was convicted of only one kidnapping… |
| 18-8978 |
Rico Montell Reid v. United States |
Fourth Circuit |
2019-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-11 defendant-rights district-court due-process judicial-coercion judicial-discretion plea-agreement plea-bargaining presentence-report sentencing sentencing-guidelines withdrawal-of-plea |
Whether Federal Rule of Criminal Procedure 11 prohibits a district court from discussing sentencing options with a defendant at the sentencing hearing |
| 18-8980 |
Raheem D. Louis v. United States |
Third Circuit |
2019-04-24 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process evidence identification witness-testimony |
Question not identified |
| 18-8981 |
John Bowling v. Maryland |
Maryland |
2019-04-24 |
Denied |
IFP |
appeal civil-procedure civil-rights conviction criminal-procedure due-process evidence-sufficiency free-speech jury-instructions standing |
Any ERRONEOUS INSTRUCTION on force WMS Ofer to the funy |
| 18-8983 |
Patrick Edwards v. United States |
Seventh Circuit |
2019-04-24 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process eighth-amendment fifth-amendment retroactivity sentencing statutory-interpretation |
Whether the Double Jeopardy Clause of the Fifth Amendment prohibits the imposition of a sentence for a specific offense that is greater than the maxim… |
| 18-8936 |
William Arthur McIntosh v. Texas |
Texas |
2019-04-23 |
Denied |
Response WaivedIFP |
brady-v-maryland criminal-procedure exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan newly-available-evidence schlup-v-delo state-court-review successive-writ supreme-court-precedent texas-code-of-criminal-procedure texas-court-of-criminal-appeals trevino-v-thaler |
Did the Texas Court of Criminal Appeals rule adversely by denying Petitioners successive writ of habeas corpus when he presented newly available evide… |
| 18-8944 |
Timmy W. Doucet v. Louisiana |
Louisiana |
2019-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jury-deliberation jury-deliberations louisiana-criminal-code reasonable-doubt reversible-error sixth-amendment testimonial-evidence |
Whether reasonable jurists determine that it was reversible error for the district court to permit the jury, over defense counsel's objections, to vie… |
| 18-8946 |
Willie Peterson v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process duncan-v-louisiana illinois-v-allen lewis-v-united-states right-to-be-present third-circuit-court |
Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the State Court Violated the U… |
| 18-8951 |
Terrance Proctor v. Wendy Kelley, Director, Arkansas Department of Correction |
Arkansas |
2019-04-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure discretion due-process eighth-amendment graham-v-florida juvenile-sentencing life-without-parole mitigation proportionality sentencing-mitigation |
Are consecutive, fixed term sentences for juveniles unconstitutional at the outset when they amount to the functional equivalent of life without parol… |
| 18-8955 |
Gregory Butler v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-04-23 |
Denied |
IFP |
14th-amendment 6th-amendment certificate-of-appealability confrontation-clause criminal-procedure cross-examination due-process evidence fourteenth-amendment jury-instructions other-crimes-evidence sixth-amendment trial-fairness witness-confrontation |
Whether the district court and the third circuit erred in refusing to issue a certificate of appealability |
| 18-8956 |
Jordan M. Jucutan v. United States |
Ninth Circuit |
2019-04-23 |
Denied |
Amici (1)Response WaivedIFP |
criminal-procedure due-process federal-criminal-law fraud global-war-on-terror prosecution-tolling repose statute-of-limitations time-barred-offenses wartime-suspension wartime-suspension-of-limitations wartime-suspension-of-limitations-act |
Does the Wartime Suspension of Limitations Act permit a prosecution, otherwise time-barred, for offenses not involving fraud against the United States… |
| 18-8957 |
Scott Matthew Goss v. United States |
Fifth Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure drug-trafficking due-process federal-courts sentencing-enhancement sentencing-guidelines weapon-possession |
May a court accept a mere allegation of possession of a weapon as satisfaction of the Government's initial burden of proof requirement supporting the … |
| 18-8964 |
Artemio Miranda-Manuel v. United States |
Fifth Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
8-usc-1326 almendarez-torres apprendi criminal-procedure due-process immigration indictment prior-conviction sentencing |
Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. §1326(b) |
| 18-8965 |
Olusola Olla v. United States |
Fourth Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-knowledge criminal-law criminal-procedure deliberate-indifference federal-courts investigative-standard jury-instructions mens-rea prosecutorial-evidence statutory-interpretation willful-blindness |
Whether, in a criminal case where a statute requires proof of knowledge, the government may establish the requisite knowledge with evidence of a failu… |
| 18-8969 |
Ronald Lunsford, Jr. v. Indiana |
Indiana |
2019-04-23 |
Denied |
IFP |
criminal-procedure double-jeopardy effective-assistance-of-counsel fourteenth-amendment guilty-plea indiana-constitution ineffective-assistance-of-counsel motion-to-dismiss sixth-amendment |
Whether the State of Indiana erred in denying Appellant was deprived of effective assistance of counsel in violation of the Sixth and Fourteenth Amend… |
| 18-8970 |
John William King v. Texas |
Texas |
2019-04-23 |
Denied |
IFP |
capital-punishment criminal-procedure death-penalty habeas-corpus ineffective-assistance-of-counsel lesser-included-offense mccoy-v-louisiana retroactivity sixth-amendment sixth-amendment-right-to-counsel teague-analysis teague-v-lane watershed-rule |
Whether McCoy applies when a defendant's attorneys concede, against his wishes, his guilt to a lesser-included offense during final argument, and is a… |
| 18-8971 |
William T. Liepe v. New Jersey |
New Jersey |
2019-04-23 |
Denied |
Response WaivedIFP |
4th-amendment blood-alcohol blood-alcohol-test case-review constitutional-law constitutional-provisions criminal-procedure due-process evidence-suppression judicial-interpretation legal-standard search-and-seizure statutory-provisions suppression warrantless-search |
Did the warrantless search of defendant's blood for the purpose of determining his blood alcohol level violate the established constitutional principl… |
| 18-8889 |
Lavont Flanders, Jr. v. United States |
Eleventh Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
constitutional-error counsel-deprivation criminal-procedure critical-stage due-process initial-appearance right-to-counsel sixth-amendment united-states-v-cronic |
Whether an initial appearance can be a critical stage |
| 18-8911 |
Gerald Humbert v. United States |
Eleventh Circuit |
2019-04-22 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
11th-circuit acca acca-serious-drug-offense armed-career-criminal-act certiorari criminal-law criminal-procedure drug-offense eleventh-circuit florida-statute florida-statute-893-13 mens-rea serious-drug-offense statutory-interpretation united-states-v-smith |
Whether a Florida drug offense qualifies as a 'serious drug offense' under the ACCA without mens rea |
| 18-8912 |
Cirilo Flores v. United States |
Third Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-plea-bargaining due-process guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-agreement prejudice strickland-v-washington voluntary-and-intelligent-choice voluntary-plea |
Whether the guilty plea entered was legal when the petitioner did not fully understand, know or intelligently accept the voluntary guilty plea agreeme… |
| 18-8928 |
Alberto Julio Guillen v. United States |
Ninth Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights due-process evidence evidence-suppression exigent-circumstances search-and-seizure standing |
Whether a warrantless entry and search, where the totality of the circumstances indicates that exigent circumstances had occurred, or was recovering e… |
| 18-8929 |
In Re Lavont Flanders, Jr. |
|
2019-04-22 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure critical-stage due-process habeas-corpus indictment-amendment mailbox-rule postal-service-error pro-se-filing pro-se-prisoner procedural-due-process right-to-counsel sixth-amendment |
Whether the Petitioner's Sixth Amendment right to counsel was violated when the indictment was amended during a critical stage of the proceedings with… |
| 18-8933 |
Zaamar Bersan Stevenson v. Pennsylvania Board of Probation and Parole, et al. |
Third Circuit |
2019-04-22 |
Denied |
IFP |
appeal appeal-process certificate-of-appealability criminal-procedure due-process first-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehabilitation-process right-to-counsel subject-matter-jurisdiction |
Whether Mr. Stevenson was entitled to relief on his claim of ineffective assistance of counsel |
| 18-8940 |
Anson Chi v. United States |
Fifth Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
access-to-courts civil-rights criminal-procedure due-process ineffective-assistance-of-counsel prison-conditions retaliation standing |
Should pro se defendants be granted in forma pauperis status in criminal cases, given that the second copy of the record on appeal was intentionally l… |
| 18-8943 |
David Raphael Concepcion v. United States |
Eleventh Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
4th-amendment arrest arrest-incident constitutional-provision criminal-procedure home home-search law-enforcement maryland-v-buie police-powers protective-sweep search-and-seizure |
Whether the holding of Maryland v. Buie applies to protective sweeps incident to arrests made just outside a home |
| 18-8913 |
Esteban Aguilera-Alvarez v. United States |
Fifth Circuit |
2019-04-19 |
Denied |
Response WaivedIFP |
constitutional-law criminal-law criminal-procedure due-process precedent sentencing sixth-amendment supreme-court |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 18-8915 |
Jonathan Zepeda v. United States |
Ninth Circuit |
2019-04-19 |
Denied |
Response WaivedIFP |
18-usc-3006a appellate-waiver criminal-procedure criminal-procedure-appeal due-process fifth-amendment independent-counsel judicial-manipulation sentencing sixth-amendment standing waiver |
Whether an individual's challenge to the constitutionality of his sentence and case proceedings in a criminal prosecution on bases outside the limited… |
| 18-8916 |
Steven Lawrence Wright v. California |
California |
2019-04-19 |
Denied |
IFP |
abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review |
Did the trial court's erroneous jury instruction violate the Due Process Clause? |
| 18-8920 |
Charles Franklin Glasscock v. Jeri Taylor |
Ninth Circuit |
2019-04-19 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure defense-counsel due-process effective-counsel habeas-corpus impartial-jury memorandum-decision ninth-circuit supreme-court |
Does the Ninth Circuit's memorandum decision, affirming the denial of habeas corpus relief, contravene this Court's commands regarding the vital guara… |
| 18-8921 |
Hector Tellez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-19 |
Denied |
IFP |
criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-time-period recent-precedence recent-precedent supremacy-clause supreme-court-precedent trial-counsel trial-outcome united-states-supreme-court |
What is a reasonable time period for trial counsel to be required to become aware of recent precedence before he/she may be deemed ineffective for fai… |
| 18-8923 |
Ryan Watkins v. Norm Robinson, Warden |
Sixth Circuit |
2019-04-19 |
Denied |
Response WaivedIFP |
appeals appeals-court criminal-procedure district-court due-process federal-courts federal-law habeas-corpus post-conviction-relief re-sentencing sentencing sixth-amendment sixth-circuit successive-petition |
Whether Petitioner was entitled to present his claims after re-sentencing to the United States District Court of appeals |
| 18-8925 |
Charles Reginald Cooks v. Superior Court of California, Los Angeles County, et al. |
California |
2019-04-19 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure damages due-process equal-protection habeas-corpus ineffective-assistance post-conviction-relief standing |
Whether the complaint named the defendant in their true names, with statements that are true |
| 18-8885 |
Jose Roman v. United States |
Fifth Circuit |
2019-04-18 |
Denied |
Response WaivedIFP |
criminal-activity criminal-procedure criminal-sentencing drug-offense fifth-circuit-interpretation firearm-enhancement firearms foreseeability presumption presumption-of-use sentencing-guidelines tools-of-the-trade |
WHETHER THE GUIDELINES ARE MISAPPLIED UNER 2D1.1 (b)(1) BY MAKING A GENERAL PRESUMPTION THAT FIREARMS ARE 'TOOLS OF THE TRADE' AND THAT ALWAYS IS FORS… |
| 18-8886 |
In Re James Rodgers, Jr. |
|
2019-04-18 |
Denied |
IFP |
criminal-procedure due-process equal-protection jurisdiction statutory-interpretation void-for-vagueness. aggravating-circumstances criminal-procedure due-process equal-protection facial-unconstitutionality gang-relation-element jurisdiction legislative-intent statutory-interpretation subject-matter-jurisdiction void-for-vagueness |
Whether ACTR No. 92-601 is facially unconstitutional |
| 18-8893 |
Mark M. Brown v. United States |
Sixth Circuit |
2019-04-18 |
Denied |
Response WaivedIFP |
circuit-court-review criminal-procedure impairment mental-capacity mental-impairment probable-cause standard-of-review suppression-motion trustworthiness warrant warrant-issuance witness witness-credibility witness-testimony |
Does probable cause to issue a warrant extend to situations where a witness to alleged criminal behavior was severely impaired? |
| 18-8894 |
Robert L. Mayfield v. United States |
Eighth Circuit |
2019-04-18 |
Denied |
Response WaivedIFP |
admissibility co-conspirator co-conspirator-statements co-conspirators confrontation-clause criminal-procedure evidence evidence-rule hearsay hearsay-exception out-of-court-statements rule-801 rule-801(d)(2)(e) |
Whether admission of out-of-court statements made by Robert Mayfield's alleged co-conspirators violated the hearsay exception of Rule 801(d)(2)(E) |
| 18-8895 |
Kevin Watkins v. Massachusetts |
Massachusetts |
2019-04-18 |
Denied |
Response WaivedIFP |
appellate-counsel civil-rights conflicted-jurors conflicts-of-interest criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-selection open-trial |
Is a defendant's right to an open trial violated when an attorney observing the trial and was asked to assist with defendant's appeal, was barred from… |
| 18-8897 |
Corlious C. Dyson, aka Corlious Corall Dyson v. Louisiana |
Louisiana |
2019-04-18 |
GVR |
Relisted (2)IFP |
criminal-conviction criminal-procedure due-process fourteenth-amendment incorporation-doctrine jury-trial non-unanimous-verdict sixth-amendment |
Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti… |
| 18-8900 |
Juan Garcia Herrera v. United States |
Ninth Circuit |
2019-04-18 |
Denied |
Response WaivedIFP |
alleyne-v-united-states almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-challenge criminal-procedure drug-offense due-process judicial-factfinding jury-trial mandatory-minimum mandatory-minimum-sentence prior-conviction sentencing sentencing-enhancement |
Whether the enhanced-penalty provisions of 21 U.S.C. §§ 841(b) and 851 that require judicial factfinding about a prior conviction to increase the mand… |
| 18-8902 |
Gustav Kloszewski v. United States |
Second Circuit |
2019-04-18 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-interpretation Crawford-precedent crawford-v-washington criminal-procedure due-process evidence evidence-admissibility precedent sixth-amendment testimonial-statements |
Did the lower court fail to follow this Court's precedent in Crawford v. Washington, 541 U.S. 36 (2004)? |
| 18-8851 |
Lester James Smith v. Georgia |
Georgia |
2019-04-17 |
Denied |
Response WaivedIFP |
attempt-to-elude criminal-procedure double-jeopardy double-punishment due-process equal-protection evidence-collection federalism investigative-techniques law-enforcement probable-cause prosecutorial-misconduct sentencing single-incident single-jurisdiction |
Whether the State of Georgia erred in sentencing Mr. Smith to multiple punishments for a single criminal act of attempt to elude police |
| 18-8862 |
Roderick White v. Louisiana |
Louisiana |
2019-04-17 |
Denied |
Amici (4)Response RequestedResponse WaivedRelisted (3)IFP |
confrontation-clause constitutional-interpretation crawford-v-washington cross-examination due-process evidence memory-loss testimonial-hearsay united-states-v-owens |
Whether the rule of United States v. Owens, 484 U.S. 554 (1988), as used by courts to admit testimonial hearsay from witnesses not amenable to cross-e… |
| 18-8863 |
Neville Turnbull v. Glen Johnson, Warden |
Georgia |
2019-04-17 |
Denied |
IFP |
appellate-procedure civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion judicial-review legal-standard miscarriage-of-justice prosecutorial-misconduct standing trial-process |
Whether a State's highest court errs, and abuses discretion by refusing to remedy a prisoner's miscarriage of justice claim, critical to all parties i… |
| 18-8865 |
Marvin Lopez-Aguilar v. United States |
Tenth Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict collateral-attack collateral-challenge conviction criminal-procedure district-court forfeiture government-enforcement government-forfeiture habeas-corpus waiver |
Does the government forfeit its right to enforce a defendant's waiver of a collateral challenge to his conviction by failing to raise the waiver issue… |
| 18-8868 |
Amilcar C. Butler v. United States |
Sixth Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
clerical-error commitment court-filing criminal-procedure fed-r-crim-p-36 federal-criminal-procedure federal-rules-of-criminal-procedure judgment judgment-correction judicial-error procedural-rule record |
Is it error for the district court to file an order granting a petition to correct a clerical error in the judgment under Fed. R. Crim. P. 36, but fai… |
| 18-8869 |
Jesse Davenport, aka Draco John Flama v. United States |
Ninth Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
child-pornography confrontation-clause conspiracy criminal-procedure due-process jury-trial plain-error shackling sufficiency-of-evidence |
Is shackling a defendant during his or her jury trial for no asserted or actual reason proper, and thus not even an 'error' under the plain error test… |
| 18-8872 |
In Re Samuel Lewis Surles |
|
2019-04-17 |
Dismissed |
Relisted (2)IFP |
actual-innocence appellate-review civil-rights constitutional-law criminal-procedure due-process equal-protection federal-procedure ineffective-assistance-of-counsel interrogation judicial-interpretation sixth-amendment |
Whether petitioner was denied his unwaivable constitutional right of due process of law when the Michigan Supreme Court failed to rule on the merits o… |
| 18-8873 |
Tracy Devon Thomas v. United States |
Ninth Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
4th-amendment criminal-evidence evidence judicial-standard law-enforcement perpetrator probable-cause search-warrant shooting standing vehicle-rental |
Can the common-sense standard of probable cause be so reduced as to allow a search warrant to be issued on the basis that a person rented a vehicle th… |
| 18-8876 |
Nickie R. Logan v. District Attorney of Allegheny County, Pennsylvania, et al. |
Third Circuit |
2019-04-17 |
Denied |
IFP |
6th-amendment civil-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance-of-counsel right-to-a-fair-trial right-to-counsel |
Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint new counsel when a defendant expresses dissatisfactio… |
| 18-8879 |
Olusola Arojojoye v. United States |
Seventh Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-jurisdiction jurisdiction restitution sentencing statutory-interpretation |
Does 18 USC §§3664(o) and USC §§3742 give the district court jurisdiction to review a sentence which the restitution was calculated in violation of th… |
| 18-8880 |
M. A. Edwards, aka Michael Anthony Edwards v. Scott Semple, Commissioner, Connecticut Department of Correction |
Second Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence fabricated-testimony fraud government-misconduct impeachment standing testimonial-evidence testimonial-statement |
Can the government tell the triers of fact that defendant confessed to murder |
| 18-8819 |
Jorge Rogelio Reveles-Santana v. United States |
Fifth Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8833 |
Shea Pascal Dease v. Virginia |
Virginia |
2019-04-16 |
Denied |
Response WaivedIFP |
civil-rights conviction criminal-procedure double-jeopardy due-process elements felon-in-possession jurisdiction notice second-amendment |
Can a State maintain a judgment of conviction for a crime that the defendant never served notice of the elements for? |
| 18-8842 |
Michael Demon Nixon v. United States |
Fifth Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
commerce-clause criminal-procedure due-process federal-firearms-law-922g firearm-possession interstate-commerce mens-rea plain-error-review plea-agreement statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana |
Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no … |
| 18-8843 |
John Leroy Milne v. United States |
Tenth Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
criminal-procedure drug-identity drug-quantity due-process evidence reasonable-doubt sufficiency-of-evidence |
Whether the evidence presented was sufficient to prove beyond a reasonable doubt that Mr. Milne conspired to possess and knowingly possessed with inte… |
| 18-8846 |
Silvio Lopez Cuellar v. United States |
Eleventh Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing sentencing-appeal sentencing-guidelines statutory-interpretation waiver-of-rights |
Does a defendant's plea agreement waiver of the statutory right of a sentencing appeal preclude appellate review of the sentence even where the distri… |
| 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… |
| 18-8855 |
Eric A. Hicks v. United States |
District of Columbia |
2019-04-16 |
Denied |
Response WaivedIFP |
appellate-review constitutional-error criminal-procedure guidelines molina-martinez molina-martinez-standard molina-martinez-v-united-states prejudice prejudice-standard procedural-default sentencing sentencing-guidelines |
Whether the court of appeals' decision conflicts with this Court's decision in Molina-Martinez v. United States, 136 S. Ct. 1338 (2016), in concluding… |
| 18-8857 |
Jeffrey A. Weisheit v. Indiana |
Indiana |
2019-04-16 |
Denied |
IFP |
aggravating-circumstances constitutional-rights criminal-procedure death-penalty ineffective-assistance ineffective-assistance-of-counsel mitigating-circumstances penalty-phase strickland-standard strickland-v-washington williams-v-taylor |
Whether the Indiana Supreme Court contravened Strickland by acknowledging counsel made mistakes, but not finding them to be deficient performance even… |
| 18-8858 |
Aspen Warren v. Texas |
Texas |
2019-04-16 |
Denied |
IFP |
criminal-procedure due-process evidence-sufficiency jury-unanimity manner-and-means murder murder-conviction state-criminal-law state-statutes statutory-interpretation sufficiency-of-evidence |
Whether there must be sufficient evidence to convict under each manner or means alleged in a murder case where under state statutes a jury need not be… |
| 18-8859 |
LaShunda Borden v. Cheaha Regional Mental Health Center, Inc. |
Eleventh Circuit |
2019-04-16 |
Denied |
IFP |
civil-procedure civil-rights corporate-perjury criminal-procedure due-process employment-law first-amendment fraud free-speech freedom-of-speech legal-ethics perjury standing |
Is it legal for a company to commit perjury to win a lawsuit? |
| 18-8861 |
Allen Louis Dorsey, Sr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
charging-documents charging-information confidential-informant confidential-informants controlled-substances criminal-procedure discovery double-jeopardy due-process prosecutorial-discretion substance-sale |
Can a citizen be convicted of an uncharged crime? |
| 18-8807 |
Francisco Quintero-Corral v. United States |
Eleventh Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey aprendi-rule criminal-procedure due-process illegal-reentry indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum |
Whether all facts- including the facts of a prior conviction- that increase a defendant's statutory maximum must be pleaded in the indictment and eith… |
| 18-8815 |
Scott Randall Reich v. Mike Slagle, Correctional Administrator, Mountain View Correctional Institution |
Fourth Circuit |
2019-04-15 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discovery due-process evidence evidence-suppression prosecutorial-misconduct speedy-trial standing witness-testimony |
Has rules of evidence precluded by Speedy Trial Act from being used to impeach witness testimony? |
| 18-8824 |
Darren Gonzales v. United States |
Tenth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-law criminal-procedure due-process factual-basis money-laundering plea-bargaining plea-colloquy rule-11 sentencing |
Does a defendant who merely parrots the language of the concealment money laundering statute satisfy a district court's obligation under Rule 11 to es… |
| 18-8825 |
Timeiki Hedspeth v. United States |
Fourth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
appeal criminal-history criminal-procedure criminal-sentencing district-court due-process evidentiary-rulings fair-trial federal-sentencing-guidelines offense-level reasonable-doubt restitution sentencing sentencing-guidelines |
Did the District Court use an incorrect criminal history category to sentence Ms. Hedspeth? |
| 18-8826 |
Omar Christopher Miller v. United States |
Second Circuit |
2019-04-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split constitutional-rights criminal-procedure due-process impartial-jury juror-bias jury-impartiality law-enforcement sixth-amendment |
Whether the Sixth Amendment right to an impartial jury is violated |
| 18-8827 |
David McShan v. United States |
Sixth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
berger-standard berger-v-united-states criminal-procedure due-process evidence evidence-fabrication jury-bias nelson-v-colorado presumption-of-innocence prosecutorial-misconduct sentencing trial-fairness |
Where the government's case against a defendant is extremely weak, does the prosecutor's persistent misconduct during trial by making improper insinua… |
| 18-8828 |
Dante Overby v. Pennsylvania |
Pennsylvania |
2019-04-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel overreach plea-bargaining speedy-trial |
Does the guilty plea induced by an 'illusory promise' violate the 6th Amendment? |
| 18-8831 |
Javier Contreras Vargas v. United States |
Fifth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
appeal-waiver booker booker-remedy constitutional-challenge criminal-procedure due-process plea-agreement public-policy sentencing-enhancement sentencing-guidelines |
Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, thereby rendering the waiver unconstitutional or void as… |
| 18-8834 |
José Amaya-Vasquez v. United States |
Third Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion prior-bad-acts reasonableness reasonableness-standard sentencing sentencing-review |
Whether the Court erred by considering the prior bad acts in the determination of the appropriate sentence? |
| 18-8810 |
Pedro Martinez-Negrete v. United States |
Fifth Circuit |
2019-04-12 |
Denied |
Response WaivedIFP |
advisory-guideline-range clear-error criminal-defendant criminal-procedure defendant-appellant government-response plain-error-review sentencing-guidelines |
Where a criminal defendant shows that the district court made a clear legal error when applying the U.S. Sentencing Guidelines, but the government res… |
| 18-8811 |
Antonio Darset King, Sr. v. United States |
Eleventh Circuit |
2019-04-12 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel search-and-seizure search-warrant sixth-amendment standing voir-dire |
Whether the United States Court of Appeals erred in failing to grant petitioner King relief as to the denial of his motion to suppress the search warr… |
| 18-8814 |
Michael Perales v. United States |
Fifth Circuit |
2019-04-12 |
Denied |
Response WaivedIFP |
appeal criminal-procedure district-court due-process objection preservation-of-error sentencing substantial-arguments |
Whether parties to a criminal action must lodge a separate objection to the failure of a district court to address substantial arguments for a differe… |
| 18-8766 |
Christopher Lee Price v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2019-04-11 |
Denied |
IFP |
appellate-review bucklew-standard civil-rights due-process evidence lethal-injection method-of-execution nitrogen-hypoxia preliminary-injunction standing |
Whether a district court can make factual findings based on evidence that may not be admissible at trial |
| 18-8785 |
Temarco Sartorio Pope, Jr. v. United States |
Eighth Circuit |
2019-04-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
2nd-amendment civil-rights concealed-carry criminal-procedure due-process fourth-amendment law-enforcement police-powers reasonable-suspicion terry-stop |
Whether law enforcement can presume any concealed carry of a firearm is unlawful and conduct a Terry stop when the state statute does not criminalize … |
| 18-8792 |
Mario Devant Cheers v. United States |
Fifth Circuit |
2019-04-11 |
Denied |
Response WaivedIFP |
aggravated-robbery career-offender constitutional-law criminal-law criminal-procedure due-process fifth-circuit-precedent mandatory-guidelines mandatory-minimum residual-clause sentencing sentencing-guidelines vagueness vagueness-doctrine |
Whether the Fifth Circuit misapplied Beckles to Mr. Cheers's pre-Booker sentence in light of Supreme Court precedent |
| 18-8794 |
Ricky Raymond Ball v. United States |
Eighth Circuit |
2019-04-11 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release |
Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N) |
| 18-8800 |
Stephen R. Winn v. Dana Metzger, Warden, et al. |
Third Circuit |
2019-04-11 |
Denied |
IFP |
appellate-review civil-procedure civil-procedure-expert-testimony due-process evidence expert-witness fair-trial judicial-discretion testimony |
Whether the court erred in allowing the expert witness to testify without her notes and denying the defendant the right to review the notes as part of… |
| 18-8802 |
Eli Vernon, III, aka Eli Mims v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-11 |
Denied |
Relisted (2)IFP |
counsel-objection criminal-procedure due-process duren-analysis duren-v-missouri equal-protection ineffective-assistance-of-counsel jury-selection peremptory-challenge peremptory-challenges strickland-standard strickland-v-washington systematic-exclusion |
Does the first prong in Duren v Missouri establish a systematic exclusion for counsel to object? |
| 18-8732 |
Leonoris Miller v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
child-victim criminal-procedure due-process fair-trial habeas-corpus jury jury-deliberations video-evidence video-interview |
Whether permitting the jury to review child victim's video interview during deliberations denied Petitioner his right to a fair trial and due process |
| 18-8733 |
Russell T. McElvain v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-10 |
Denied |
IFP |
civil-rights criminal-procedure double-jeopardy due-process equal-protection federalism self-incrimination statutory-interpretation |
Can a state enact a statute that combines the use of older, established statutes as the ways and means to commit the new statutes crime, merely erodin… |
| 18-8734 |
Corey D. Phillips v. Illinois |
Illinois |
2019-04-10 |
Denied |
IFP |
civil-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-counsel witness-testimony |
Was the defendant's counsel ineffective for failing to properly investigate and present evidence of a plea agreement? |
| 18-8755 |
Matthew Ryan Murdoch v. United States |
Sixth Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-law criminal-procedure criminal-restrictions due-process first-amendment freedom-of-speech liberty liberty-interest sentencing sex-offender statutory-interpretation |
Whether a lifetime prohibition on going to 'locations where any form of pornography, sexually stimulating performances, or sexually oriented material,… |
| 18-8767 |
Antonio Slaton v. United States |
Eleventh Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
alford-plea criminal-procedure double-jeopardy due-process evidence evidence-of-innocence federal-procedure federal-sentencing federal-supervised-release revocation-hearing supervised-release |
Whether a state conviction entered via an Alford plea creates an irrebuttable presumption such that a defendant in a federal supervised release revoca… |
| 18-8773 |
Emmanuely Germain v. United States |
Eleventh Circuit |
2019-04-10 |
Denied |
IFP |
criminal-procedure criminal-procedure-error essential-elements harmless-error jurisdiction jury-instructions statutory-interpretation sufficiency-of-evidence uncharged-offense venue venue-error |
Is the omission of an essential element of an offense from jury instructions harmless if there is sufficient evidence to support a conviction of a rel… |
| 18-8777 |
Salim Abdu Gould v. North Carolina |
North Carolina |
2019-04-10 |
Denied |
Response WaivedIFP |
admissibility-of-evidence criminal-procedure double-jeopardy due-process indictment ineffective-assistance-of-counsel self-representation subject-matter-jurisdiction |
Whether the petitioner was denied due process and the right to self-representation before the appointment of counsel and during the motions entertaine… |
| 18-8778 |
Fred Huffman v. Dana Metzger, Warden, et al. |
Third Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
americans-with-disabilities-act constitutional-amendment criminal-procedure double-jeopardy due-process equal-justice ex-post-facto-law judicial-vindictiveness redress-of-grievance retroactive-sentencing time-bar |
Retroactive amendment of U.S. Constitution's ex-post facto law |
| 18-8781 |
Kerri L. Kaley v. United States |
Eleventh Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-law criminal-fines criminal-procedure criminal-restitution due-process jury-finding jury-findings jury-trial sentencing southern-union-co-v-united-states |
Should the rule of Apprendi apply to the imposition of criminal restitution? |
| 18-8782 |
Cesar Lopez-Rodriguez v. United States |
Fifth Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-8738 |
Noe Machado-Erazo and Jose Martinez-Amaya v. United States |
District of Columbia |
2019-04-09 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-law-procedure criminal-procedure due-process harmless-error jury-trial physical-force sixth-amendment statutory-interpretation |
Whether an act of omission can constitute the 'use, attempted use, or threatened use of physical force' under 18 U.S.C. §924(c)(8)(A) |
| 18-8739 |
Armando Lopez v. Massachusetts |
Massachusetts |
2019-04-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
ammunition burden-of-proof burden-shifting constitutional-rights criminal-defendant criminal-procedure due-process firearm firearm-possession unauthorized-possession |
Does the Due Process Clause permit the Commonwealth of Massachusetts to shift the burden to criminal defendants charged with unauthorized possession o… |
| 18-8743 |
Arturo Torres-Cabrera v. United States |
Fifth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey criminal-procedure due-process immigration-offense indictment-requirements prior-conviction sentencing sentencing-enhancement statutory-maximum |
Whether all facts - including the fact of a prior conviction ~ that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8747 |
Valentin Aguilar-Lopez v. United States |
Fifth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure due-process prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8749 |
Marvin Earl Blanks, Jr. v. United States |
Fourth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
18-usc-3553 appellate-review criminal-procedure due-process judicial-discretion judicial-reasoning sentencing sentencing-guidelines statutory-interpretation |
Whether the district court fulfilled its obligation under 18 U.S.C. § 3553(c) to announce the reasons for its sentencing decision |
| 18-8757 |
Jason Lee Tincher v. Tim Berners-Lee |
Colorado |
2019-04-09 |
Denied |
IFP |
5th-amendment civil-procedure civil-rights conspiracy due-process evidence judicial-misconduct judicial-review standing |
Why didn't the judge do a full investigation? |
| 18-8760 |
James Bernard Jones, Jr. v. United States |
Eleventh Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
acca career-offender career-offender-enhancement constitutional-challenge criminal-procedure due-process florida-battery-on-law-enforcement habeas-corpus johnson-v-united-states non-violent-felony sentencing-enhancement sessions-v-dimaya unconstitutional violent-felony |
Whether a sentence as a career offender (ACCA) is valid when a prior violent offense conviction (Florida battery on law enforcement), deemed unconstit… |
| 18-8761 |
Arthur Jones v. California |
California |
2019-04-09 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-law criminal-procedure due-process jury-trial sentencing |
Whether the California Penal Code §1192.7(c) that removes assessment of fact from the jury used to increase punishment is unconstitutional under the A… |
| 18-8762 |
Jason Curtis Brown v. United States |
Sixth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment indictment remand standing superceding-indictment superseding-indictment |
Whether Brown's Fifth Amendment right to double jeopardy, due process and the expressed terms of the 6th Cir. Court of Appeals limited remand order we… |
| 18-8763 |
Terry Walker v. United States |
Seventh Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation |
Can a sentencing court consistent with the Sixth Amendment recharacterize a defendant's conviction into conduct that was neither found by a jury or ju… |
| 18-1282 |
David Lee Sanders v. Alabama |
Alabama |
2019-04-09 |
Denied |
Response Waived |
constitutional-rights criminal-procedure double-jeopardy due-process illegal-plea plea-agreement plea-bargaining probation reversal sentencing speedy-trial |
Whether a criminal defendant who pleads guilty pursuant to an illegal plea agreement is entitled to include the time from his original arrest until re… |
| 18-8690 |
Dagoberto Ontiveros v. Michael Pacheco, Warden, et al. |
Tenth Circuit |
2019-04-08 |
Denied |
Response WaivedIFP |
anders-appeal anders-v-california appellate-review constitutional-law criminal-procedure defendant-rights direct-appeal due-process legal-ethics legal-frivolity right-to-counsel |
Whether a finding of frivolity is required when rejecting a criminal defendant's direct appeal under Anders v. California |
| 18-8719 |
Ciaran Paul Redmond v. United States |
Ninth Circuit |
2019-04-08 |
Denied |
IFP |
appellate-review circuit-conflict criminal-procedure criminal-procedure-appeal federal-jurisdiction judicial-notice jurisdictional-element jury-instructions jury-trial sentencing standards-of-review statutory-interpretation |
Whether, after a jury trial, a federal court of appeals can take judicial notice of evidence submitted by the government for the first time on appeal … |
| 18-8727 |
Corey Wiggins v. Stanley Payne, Warden |
Eighth Circuit |
2019-04-08 |
Denied |
IFP |
certificate-of-appealability constitutional-rights criminal-procedure failure-to-investigate habeas-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel second-degree-murder sixth-amendment voluntary-manslaughter |
Whether the Eighth Circuit Court of Appeals erred in refusing to grant a certificate of appealability |
| 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… |
| 18-8729 |
Alan Kenneth Thompson, Jr. v. United States |
Eleventh Circuit |
2019-04-08 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-claims constitutional-law criminal-law criminal-procedure due-process habeas-corpus plea-bargaining statutory-interpretation subject-matter-jurisdiction united-states-v-peter |
Whether the ambiguousness of the term 'material' within Title 18 USC 2252A(a)(2)(B) gives unintended breadth to District Courts to accept pleas of gui… |
| 18-8675 |
Joshua Sedillo v. United States |
Tenth Circuit |
2019-04-05 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review circuit-precedent criminal-procedure criminal-sentencing district-court due-process gall-v-united-states judicial-review rita-v-united-states sentencing sentencing-guidelines sentencing-variance variance |
Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with… |
| 18-8714 |
Kenneth Whigham, Jr., aka Kenneth Pringle v. United States |
First Circuit |
2019-04-05 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States constitutional-challenge criminal-procedure due-process jury-submission jury-trial prior-conviction prior-convictions reasonable-doubt sentencing sentencing-enhancement supreme-court-precedent |
Whether this Court's decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998), which held that the allegation of a prior conviction need no… |
| 18-8715 |
Quillie Merle Spray v. Kelly A. Ryan, Superintendent, State Correctional Institution at Shirley |
First Circuit |
2019-04-05 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure effective-counsel fair-trial insanity-defense mental-evaluation sixth-amendment |
Whether the Court of Appeals correctly decided an important question of constitutional law: that the Petitioner was denied his right to effective coun… |
| 18-8688 |
Frederick A. McShan v. United States |
Sixth Circuit |
2019-04-04 |
Denied |
Response WaivedIFP |
civil-rights constitutional-provisions criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance-of-counsel judicial-misconduct judicial-review legal-interpretation procedural-rights record statutory-provisions |
Whether the District Court erred in denying the appellant's due process and fundamental fairness claims |
| 18-8689 |
Joel Glaston Muir v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2019-04-04 |
Denied |
IFP |
clear-record constitutional-rights criminal-homicide criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel known-eyewitness legal-review lesser-degree-homicide postconviction-review right-to-counsel standard-of-review trial-counsel trial-strategy |
Whether initial-postconviction review counsel provided ineffective assistance |
| 18-8698 |
Marcel A. Walton v. United States |
Seventh Circuit |
2019-04-04 |
Denied |
Response WaivedIFP |
clear-error clear-error-analysis criminal-procedure due-process false-and-misleading government-assertions material-facts non-record-facts sentencing |
Can a sentencing court rely upon government assertions concerning material, non-record facts? |
| 18-8700 |
Dorian Givens v. United States |
Fifth Circuit |
2019-04-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure due-process federal-sentencing judicial-discretion sentencing standard-of-review supervised-release |
What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release? |
| 18-8681 |
Jamal James Carmouche v. Jason Kent, Warden |
Fifth Circuit |
2019-04-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-circuit-error ineffective-assistance ineffective-assistance-of-counsel judicial-review malicious-prosecution standard-of-review sufficiency-of-evidence trial-counsel trial-record |
Whether there was sufficient evidence to convict Mr. Carmouche of a crime? |
| 18-8676 |
Ronald Smith v. United States |
Ninth Circuit |
2019-04-02 |
Denied |
Response WaivedIFP |
counsel criminal-procedure district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-remedy post-conviction-relief sixth-amendment |
Whether the district court violated Petitioner's Sixth Amendment rights by failing to return him to his original position absent the ineffective assis… |
| 18-8677 |
Patrick Lloyd v. United States |
Second Circuit |
2019-04-02 |
Denied |
IFP |
circuit-split criminal-procedure due-process guilty-plea harmless-error plea-bargaining rule-11 standing united-states-v-dominguez-benitez |
Whether Dominguez Benitez's harmless error rule applies to Rule 11(b)(1)(G)'s requirement that before a guilty plea can be accepted the district court… |
| 18-1262 |
Corona Regional Medical Center, et al. v. Marlyn Sali, et al. |
Ninth Circuit |
2019-04-02 |
Dismissed |
|
admissibility circuit-split civil-procedure class-certification evidence evidence-admissibility federal-rules-civil-procedure federal-rules-of-civil-procedure federal-rules-of-evidence ninth-circuit precedent rule-23 standards-of-proof |
Whether the requirements for class certification under Federal Rule of Civil Procedure 23 can be satisfied with inadmissible evidence |
| 18-8642 |
DeJuan Leshae Hill v. United States |
Tenth Circuit |
2019-04-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-1951 18-usc-924c 28-usc-2255 2nd-amendment 2nd-amendment-rights certificate-of-appealability criminal-procedure criminal-statute due-process federal-jurisdiction firearm-offense habeas-corpus hobbs-act post-conviction-relief sentencing tenth-circuit unconstitutionality |
Whether the Tenth Circuit erred in failing to address the unconstitutionality of use and carry of a firearm under 18 U.S.C. § 924(c) offenses, in rela… |
| 18-8643 |
Joseph Lee Flores v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-01 |
Denied |
IFP |
bias criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment trial-counsel voir-dire |
WHETHER VENIREMAN WHO STATED DURING VOIR DIRE THAT HIS ABILITY TO BE FAIR WOULD BE AFFECTED BY PRIOR EXPERIENCE WITH CRIME EXPRESS BIAS; RENDERING COU… |
| 18-8644 |
Emanuel L. Finch, Sr. v. Bradley Graham, et al. |
Ninth Circuit |
2019-04-01 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-clause,compulsory-process,miranda-ri consent-to-search constitutional-rights criminal-procedure due-process fair-trial materiality-of-false-testimony miranda-rights sixth-amendment sufficiency-of-evidence weight-of-evidence |
Whether the conduct complained of is a question of law |
| 18-8646 |
Norman Hampton v. Gregory McLaughlin, Warden |
Georgia |
2019-04-01 |
Denied |
Response WaivedIFP |
appeal civil-rights criminal-procedure due-process federal-courts habeas-corpus sentencing state-courts |
Was the petitioner's sentence pronounced unlawfully? |
| 18-8649 |
Bradley Cobbler, aka B-Rad v. United States |
District of Columbia |
2019-04-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure district-court due-process guilty-plea ineffective-assistance-of-counsel judicial-discretion motion-to-withdraw plea-bargaining plea-withdrawal sentencing withdrawal-of-plea |
Whether the District Court erred by partially denying Mr. Cobbler's Amended Motion to Withdraw Plea of Guilty? |
| 18-8602 |
Enrico M. Ponzo v. United States |
First Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
civil-rights criminal-justice criminal-procedure due-process evidence false-affidavit false-statements franks-doctrine franks-v-delaware judicial-review law-enforcement-misconduct probable-cause sanctions standing |
Whether Franks v. Delaware should be revisited to allow sanctions for false affiant declarations even if there remains probable cause in the absence o… |
| 18-8619 |
In Re Derrell L. Gilchrist |
|
2019-03-29 |
Denied |
IFP |
18-usc-924 criminal-law criminal-procedure criminal-sentencing due-process first-step-act habeas-corpus miscarriage-of-justice section-2241 section-924c sentencing statutory-interpretation |
Can petitioner seek relief pursuant to 28 U.S.C § 2241 to address clarification of 18 U.S.C. § 924(c)(1)(C) in the First Step Act of 2018? |
| 18-8621 |
Roummel Ingram v. John Prelesnik, Warden |
Sixth Circuit |
2019-03-29 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel public-trial sixth-amendment sixth-circuit |
Whether Mr. Ingram is entitled to a new trial due to ineffective-assistance-of-counsel |
| 18-8623 |
Justin Cole Milam v. United States |
Fourth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-review criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing standard-of-review |
Are appeal waivers in federal criminal plea agreements unconstitutional? |
| 18-8626 |
Aaron Murray v. United States |
Sixth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
arrest constitutional-rights criminal-procedure defense-counsel due-process federal-criminal-procedure initial-appearance magistrate-judge plea-bargaining plea-hearing right-to-counsel |
Was Petitioner Aaron Murray Entitled to an initial appearance before a United States Magistrate Judge under Fed. R. Criminal P Rule 5? |
| 18-8629 |
Rogelio Barajas v. United States |
Eleventh Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment civil-procedure due-process equal-protection standing appeals civil-rights criminal-procedure due-process search-and-seizure sentencing |
Whether the district court erred in denying Petitioner's motion to suppress evidence obtained in violation of the Fourth Amendment |
| 18-8630 |
Joseph Christopher Birdtail v. United States |
Ninth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
criminal-procedure discovery due-process evidentiary-hearing federal-rules-of-civil-procedure habeas-corpus habeas-proceedings ineffective-assistance-of-counsel plea-agreement plea-bargaining plea-withdrawal section-2255 |
Is it error for a district court to deny either discovery proceedings or an evidentiary hearing under the Federal Rules Governing Section 2255 Proceed… |
| 18-8636 |
Brian Hoskins v. United States |
Second Circuit |
2019-03-29 |
Denied |
IFP |
criminal-procedure custis-v-united-states federal-guidelines federal-sentence federal-sentences federal-sentencing-guidelines habeas-corpus plea-bargaining post-conviction-relief sentencing sentencing-enhancement state-conviction state-convictions |
Whether a defendant who succeeds in vacating a state conviction that enhanced a federal sentence may apply for resentencing under 28 U.S.C. § 2255 |
| 18-8638 |
Michael Bennefield v. Georgia |
Georgia |
2019-03-29 |
Denied |
Response WaivedIFP |
constitutional-safeguards criminal-procedure due-process fair-trial guilt-determination jurisdiction jurisdictional-defect plea-bargaining plea-proceedings procedural-validity standing structural-defects |
When Structural Jurisdictional defects prevent a fair proceeding, can any reliable determination of guilt or innocence be deemed fair? |
| 18-1259 |
Brett Jones v. Mississippi |
Mississippi |
2019-03-29 |
Judgment Issued |
Amici (14)Response RequestedResponse WaivedRelisted (4) |
criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole permanent-incorrigibility sentencing-authority |
Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentenc… |
| 18-1254 |
Jeremiah L. King v. United States |
Armed Forces |
2019-03-28 |
Denied |
Response Waived |
child-pornography criminal-conviction criminal-procedure due-process evidentiary-facts fifth-amendment permissive-inference search-terms sufficiency-of-evidence |
Whether the Court of Appeals relied upon permissive inferences that violated the Due Process Clause of the Fifth Amendment in finding Petitioner's con… |
| 18-8591 |
Jose J. Salazar-Hernandez v. Texas |
Texas |
2019-03-28 |
Denied |
IFP |
14th-amendment child-sexual-assault confrontation-clause constitutional-violation criminal-procedure cross-examination due-process federal-habeas habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-misconduct statute-of-limitations victim-testimony |
Whether the 'beyond a reasonable doubt' standard was reasonably and rationally applied when the alleged victim of child sexual assault testified they … |
| 18-8604 |
Ivan Vazquez-Gonzalez v. United States |
Seventh Circuit |
2019-03-28 |
Denied |
IFP |
28-usc-2255 appeals criminal-procedure federal-criminal-procedure habeas-corpus ineffective-assistance right-to-counsel rule-35 sentence-modification sentencing statute-of-limitations |
Whether a district court's modification of sentence under Rule 35, Fed. R. Crim. P., resets the one-year clock under 28 U.S.C. §2255(f)(1) for a timel… |
| 18-8611 |
Elicia Bailey v. Jeremy Gasaway |
Texas |
2019-03-28 |
Denied |
IFP |
constitutional-challenge constitutional-law criminal-act criminal-procedure cruel-and-unusual-punishment due-process family-court family-law harsh-penalties subject-matter-jurisdiction |
Do family courts hold subject-matter jurisdiction to find guilt of a criminal act and subsequently impose harsh penalties without due process in a cri… |
| 18-8614 |
Leonard Dwayne Hill v. United States |
Eighth Circuit |
2019-03-28 |
Denied |
Response WaivedIFP |
2nd-amendment atf-regulations civil-procedure civil-rights commerce-clause due-process evidence federal-jurisdiction standing-issue statutory-interpretation |
Whether the 'terminal ballistics test' used to determine the dangerousness of ammunition is properly applied in this case |
| 18-8616 |
Parley Drew Hardman v. United States |
Sixth Circuit |
2019-03-28 |
Denied |
Response WaivedIFP |
conclusion constitutional-provisions criminal-procedure due-process equal-protection felon-in-possession index second-amendment sentencing statutory-provisions table-of-contents |
Whether the petitioner's conviction and sentence for possession of a firearm by a felon under 18 U.S.C. § 922(g)(1) violates the Second Amendment |
| 18-8617 |
Kristen Patrick Doyle v. United States |
Fourth Circuit |
2019-03-28 |
Denied |
Response WaivedIFP |
appeal appeals circuit-court-review criminal-procedure due-process habeas-corpus jurisdiction legal-motion-type mens-rea sentencing sentencing-enhancement statutory-interpretation |
Did the United States Court of Appeals for the Fourth Circuit err in its denial of Defendant - Appellant's Motion to be granted relief under the clari… |
| 18-8584 |
Antwan Jones v. United States |
Seventh Circuit |
2019-03-27 |
Denied |
Response WaivedIFP |
conspiracy constitutional-challenge criminal-conspiracy criminal-law criminal-procedure drug-statute due-process federal-indictment federal-jurisdiction mens-rea statutory-interpretation statutory-vagueness title-21-usc-846 vagueness |
Is Title 21 U.S.C. §846 ATTEMPT AND CONSPIRACY UNCONSTITUTIONALLY VAGUE BECAUSE IT FAILS TO PROVIDE THE REQUIRED ESSENTIAL ELEMENT THAT THE DEFENDANT … |
| 18-8585 |
Zhordrack Bloodywone v. Joseph Bellnier, Superintendent, Marcy Correctional Facility, et al. |
Second Circuit |
2019-03-27 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment 6th-amendment criminal-procedure due-process privacy right-to-counsel 6th-amendment appellate-jurisdiction constitutional-rights criminal-procedure due-process federal-appeals judicial-review prosecutorial-misconduct right-to-counsel trial-court |
Whether the petitioner's due process rights were violated by the prosecution's misconduct and the trial court's denial of his request for appointment … |
| 18-8586 |
Roderick Black v. United States |
Fourth Circuit |
2019-03-27 |
Denied |
Response WaivedIFP |
attorney-licensing constitutional-law constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment standing |
Whether the petitioner's sentence should be vacated in light of his trial attorney not being duly licensed to practice law in violation of his Sixth A… |
| 18-8589 |
Demetrius S. Rankin v. United States |
Fifth Circuit |
2019-03-27 |
Denied |
Response WaivedIFP |
anders-brief appellate-procedure appellate-review circuit-split constitutional-law court-appointed-counsel criminal-procedure due-process fifth-circuit ineffective-assistance legal-ethics legal-standards procedural-review right-to-counsel |
Whether the Fifth Circuit Court of Appeals misapplied and ignored the procedural pronouncements made in Anders v. California |
| 18-8590 |
Harlin Argelio Ramos v. Utah |
Utah |
2019-03-27 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice self-defense |
Did the Utah appellate court err in holding that the erroneous jury instruction, which impermissibly shifted the burden of proof onto Petitioner/Defen… |
| 18-8593 |
Dontae Callen v. Alabama |
Alabama |
2019-03-27 |
Denied |
IFP |
affidavit appellate-review criminal-procedure death-penalty fourth-amendment jury-unanimity probable-cause search-warrant separate-affidavit |
Where an affidavit does not support a finding of probable cause for the issuance of a search warrant, can a reviewing court consider information from … |
| 18-8544 |
Keith J. Myles v. Florida |
Florida |
2019-03-26 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection fair-trial impartial-jury jury standing |
Was the petitioner's constitutional rights violated? |
| 18-8549 |
Keith D. Goodman v. I. D. Hamilton, Warden |
Fourth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure district-court due-process facial-unconstitutionality fourth-circuit habeas habeas-corpus second-or-successive second-successive-petition standing statutory-interpretation unconstitutional-statute |
Whether a § 2254 (habeas) claim of a conviction under a facially unconstitutional statute is sufficient to overcome a statutory 'second or successive'… |
| 18-8551 |
Ikemefula Charles Ibeabuchi v. Arizona |
Arizona |
2019-03-26 |
Denied |
Response WaivedIFP |
appeals appellate-procedure civil-procedure-appeal civil-rights constitutional-rights court-of-appeals criminal-procedure due-process judicial-review jurisdiction legal-standard motion-for-relief self-representation standing timeliness |
Whether or not the Court of Appeals, State of Arizona, correctly viewed Appellant's Motion To Dismiss this Appeal, submitted pursuant to Arizona Rules… |
| 18-8557 |
Ignacio Ruiz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-26 |
Denied |
IFP |
civil-rights confrontation-clause criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel sentencing |
Whether the court of appeals erred in denying petitioner's claim of ineffective assistance of counsel based on counsel's failure to object to the conf… |
| 18-8558 |
Jorge Edwin Rivera v. United States |
Ninth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure guidelines judicial-discretion plain-error plain-error-review sentencing sentencing-guidelines substantial-rights supervised-release |
Whether a district court's imposition of a term of supervised release double the Guidelines range without first calculating the range or providing an … |
| 18-8562 |
Joseph Charles Tice v. Rupert Markley Dennis, Jr. |
Fourth Circuit |
2019-03-26 |
Denied |
IFP |
civil-rights conditional-freedom criminal-procedure due-process habeas-corpus parole standing |
Did Ruger' Mockdey Dennis Se Aepgerd Leow Woe accepted ana) Usual Course of Pre. \\udicral groceedinags ? |
| 18-8566 |
John Bartholomew Lowe v. Mississippi |
Mississippi |
2019-03-26 |
Denied |
Response WaivedIFP |
burden-of-proof circumstantial-evidence civil-procedure criminal-procedure direct-evidence evidence jury-instructions standard-of-review |
Whether multiple instances of circumstantial evidence can accumulate and become direct evidence? |
| 18-8568 |
David Piper v. United States |
Fifth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion compulsory-process criminal-procedure defense-witnesses due-process federal-rules-of-criminal-procedure habeas-corpus sixth-amendment standard-of-review trial-rights witness-production |
Whether Petitioner was deprived of compulsory process under the Due Process Clause and Compulsory Process Clause |
| 18-8574 |
William Burton v. Delaware |
Delaware |
2019-03-26 |
Denied |
Response WaivedIFP |
criminal-procedure evidence fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-of-not-guilty prosecutorial-evidence right-to-counsel sixth-amendment |
Did petitioner's attorney provide ineffective assistance of counsel? |
| 18-8575 |
Jose Camargo-Alejo, aka Jessica Camargo-Alejo v. United States |
Ninth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process entrapment entrapment-defense jury-instruction jury-instructions law-enforcement-intent ninth-circuit-precedent objective-theory sorrells-v-united-states subjective-theory |
Whether a court may decline to instruct a jury on an entrapment defense because the government agents did not objectively intend to induce a crime |
| 18-8577 |
Gerald W. Long v. Illinois |
Illinois |
2019-03-26 |
Denied |
Response WaivedIFP |
constitutional-rights due-process evidence evidence-admission fifth-amendment fourteenth-amendment impartial-jury sixth-amendment trial trial-procedure |
Did the Trial Court violate Gerald Long's Fifth and Fourteenth Amendment right to Due Process and Sixth Amendment right to a trial by an impartial jur… |
| 18-8578 |
DeMarius L. Williams v. Illinois |
Illinois |
2019-03-26 |
Denied |
IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel post-conviction-relief prosecutorial-misconduct search-and-seizure sufficiency-of-evidence |
Whether petitioner's Fourth Amendment rights were violated when he was convicted of possession with intent to deliver a controlled substance beyond a … |
| 18-1247 |
Robert Alan Ries v. Oregon |
Oregon |
2019-03-26 |
Denied |
Response Waived |
affidavit blood-sample constitutional-rights criminal-procedure fourth-amendment particularity-requirement probable-cause search-and-seizure warrant-particularity |
Does a warrant commanding the police to seize a blood sample from a person with an entirely different name than the defendant violate the Fourth Amend… |
| 18-1241 |
Demetrius Jackson v. Ohio |
Ohio |
2019-03-25 |
Denied |
|
child-protective-services criminal-procedure fifth-amendment police-interrogation right-to-counsel self-incrimination sixth-amendment |
Whether interrogations by state-employed child protective services caseworkers violate the Fifth and Sixth Amendments, where the caseworkers are requi… |
| 18-8540 |
Eric David Bennett v. United States |
Fourth Circuit |
2019-03-25 |
Denied |
Response WaivedIFP |
18-usc-3742 appellate-review booker booker-standard circuit-split criminal-procedure sentencing sentencing-review standard-of-review supervised-release united-states-v-booker |
Whether the appropriate standard of review for a sentence following the revocation of supervised release is the 'plainly unreasonable' standard or the… |
| 18-8541 |
In Re Randy A. Jones |
|
2019-03-25 |
Denied |
Response WaivedRelisted (2)IFP |
cell-site-simulator civil-rights criminal-procedure due-process fourth-amendment honeycutt-v-united-states legal-representation lis-pendens luis-v-united-states right-to-counsel takings warrantless-search |
Did the government violate this petitioner's rights, creating a flaw so grave that it rendered the proceedings unreliable? |
| 18-8547 |
Zachary Joseph Biggs v. Washington |
Washington |
2019-03-25 |
Denied |
IFP |
appellate-review criminal-intent criminal-procedure diminished-capacity first-degree-rape ineffective-assistance ineffective-assistance-of-counsel mens-rea ninth-circuit prejudice |
Did the Washington State Appellate Court err in finding that Mr. Biggs was not prejudiced by his trial counsel's failure to raise the defense of dimin… |
| 18-8487 |
Kevin Neysmith v. Pennsylvania |
Pennsylvania |
2019-03-22 |
Denied |
IFP |
4th-amendment birchfield-precedent birchfield-v-north-dakota blood-alcohol blood-alcohol-content criminal-procedure evidence-admissibility fourth-amendment fruits-of-the-poisonous-tree o-connell-warnings o'connell-warnings search-warrant warrantless-search |
Whether the Fourth Amendment prohibits State judicial systems from admitting evidence of blood alcohol content obtained without a search warrant |
| 18-8489 |
Danny R. Moore v. Gene Beasley, Warden |
Eighth Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure habeas-corpus judicial-precedent mathis-decision retroactivity saving-clause section-2255 sentencing statutory-interpretation |
Whether this Court's decision in Mathis v. United States,136 S. Ct. 2243 (2016) should apply |
| 18-8496 |
Anthony Swatzie v. United States |
Eleventh Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
28-usc-2255 constitutional-decision criminal-defendant criminal-procedure district-court-judgment due-process federal-statute federal-statutory-provision habeas-corpus retroactive-constitutional-decision retroactive-relief retroactivity section-2255 sentencing silent-record statutory-interpretation successive-motion |
Whether a criminal defendant is entitled to relief under a retroactive constitutional decision invalidating a federal statutory provision |
| 18-8512 |
DaRen Kareem Gadsden v. United States |
Fourth Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process judicial-integrity judicial-proceedings multiplicitous-sentence plain-error remand rosales-mireles-standard sentencing sentencing-review substantial-rights |
Whether a multiplicitous sentence issue can be raised at any time |
| 18-8514 |
Jonathan Leroy Homedew v. United States |
Eighth Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion co-defendant co-defendants criminal-procedure district-court due-process judicial-discretion plea-arrangement plea-bargaining procedural-rights right-to-be-present speedy-trial waiver |
Whether Petitioner waived Speedy-Trial-Rights based on Co-defendants-Plea-arrangements |
| 18-8519 |
Frederick H. Banks v. United States |
Third Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process error-coram-nobis foreign-intelligence-surveillance-act jurisdiction revocation-proceeding standing |
Did the appeals court and/or district court err in denying the petition for a writ of error coram nobis to vacate the criminal conviction and affirmin… |
| 18-8521 |
Angel Galan v. United States |
Second Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure due-process felon-in-possession firearm-offense ineffective-assistance obstruction-enhancement sentencing-guidelines sentencing-variance substantive-reasonableness upward-variance |
Whether the sentencing court's upward variance from 71 months to 84 months for felon in possession of a firearm was substantively unreasonable |
| 18-8522 |
Edwin Fernandez v. United States |
Third Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
Arizona-v-Gant criminal-procedure criminal-proceedings critical-stages ineffective-assistance ineffective-assistance-of-counsel Montejo-v-Louisiana presentence-investigation presentence-investigation-report right-to-counsel search-and-seizure search-doctrine Strickland-v-Washington |
Should a writ of certiorari be granted to address the shortcomings of counsel in light of Strickland-and-Montejo? |
| 18-8524 |
Tony Kalumba Tshiansi v. United States |
Fifth Circuit |
2019-03-22 |
Denied |
IFP |
criminal-procedure due-process factual-claims judicial-discretion objection presentence-report presumption-of-reliability reliability sentencing unjust-incarceration |
Whether the factual claims of a Presentence Report are presumed reliable in the face of objection? |
| 18-8526 |
Marcel Henderson v. United States |
First Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment circuit-court-split criminal-procedure dixon-standard due-process fifth-amendment imminent-threat justification-defense sixth-amendment |
Were the petitioner's Fifth and Sixth Amendment rights violated by the ambiguity of the Dixon standard as applied regarding what constitutes a 'well-f… |
| 18-8533 |
Lance Williams v. California |
California |
2019-03-22 |
Denied |
Response WaivedIFP |
civil-rights criminal-appeal criminal-procedure due-process evidence evidence-admissibility habeas-corpus ineffective-appellate-counsel ineffective-assistance-of-counsel insufficiency-of-evidence intent invalid-illegal-strike perjury police-report prejudicial-1101(b)-evidence pro-se prosecutor-coercion prosecutorial-misconduct uncharged-act witness-credibility witness-description |
Whether the state courts erred in denying appeal on prejudicial 1101(B) evidence on uncharged act used to prove intent where the police report differs… |
| 18-8535 |
Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights |
Whether state statutes provide pre-trial remedies for prosecutorial overreaching by interlocutory appeal, and whether defense counsel's failure to per… |
| 18-8490 |
Bernard Mitchell v. California |
California |
2019-03-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review |
Did the court abuse its discretion in permitting the jury to be exposed to the nicknames 'Crip' and ''Scrap,' which have been taken as a suggestion th… |
| 18-8503 |
In Re Leroy Lamont Wells |
|
2019-03-21 |
Denied |
IFP |
case-documentation circuit-court conviction correctional-institution criminal-conviction criminal-convictions criminal-procedure due-process habeas-corpus lane-county-circuit-court legal-status leroy-lamont-wells oregon-correctional-institution prison-records procedural-inquiry standing state-court |
Does Petitioner have three convictions in Lane County Circuit Court Case No.201404943, State of Oregon v. Leroy Lamont Wells, as of 12/12/2018, as pur… |
| 18-8504 |
John Whaley v. United States |
Second Circuit |
2019-03-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process imprisonment procedural-reasonableness reasonableness sentencing sentencing-factors sentencing-guidelines supervised-release |
Whether the imposition of the same twenty-five year term of imprisonment and maximum term of supervised release was both procedurally and substantivel… |
| 18-8506 |
Jose Jaime Lopez v. United States |
Seventh Circuit |
2019-03-21 |
Denied |
Response WaivedIFP |
21-usc-846 7th-circuit 7th-circuit-precedent 851-colloquy abuse-of-statute appellate-review attempt-charge attempt-conviction civil-rights criminal-procedure drug-deal due-process indigent indigent-defendant indigent-status prior-conviction reasonable-doubt right-to-counsel seventh-circuit speculation standing substantial-step |
Whether petitioner was deprived of the right to counsel |
| 18-8510 |
Travis Thaniel v. Maryland |
Maryland |
2019-03-21 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure direct-appeal due-process federal-law ineffective-assistance ineffective-assistance-of-counsel retroactivity right-to-be-present right-to-presence state-law trial-counsel weaver-retroactivity weaver-v-massachusetts |
Does the federal law of Weaver v. Massachusetts, 137 S.Ct. 1899 (2017) have retroactive application in the state of Maryland? |
| 18-1230 |
Juan Zamudio v. United States |
Seventh Circuit |
2019-03-21 |
Denied |
|
4th-amendment circuit-split civil-rights criminal-procedure drug-trafficking due-process fourth-amendment nexus-requirement particularized-nexus probable-cause residence search-and-seizure search-warrant standing |
Whether a search warrant application that fails to provide any particularized nexus between an individual's alleged drug trafficking activity and the … |
| 18-1220 |
Cleveland Franklin v. American Elevator Inspections, Inc. |
Texas |
2019-03-20 |
Denied |
|
7th-amendment affidavit-evidence burden-of-proof civil-procedure civil-rights due-process elevator-safety evidence negligence personal-injury standing summary-judgment trial-by-jury |
Whether a plaintiff must anticipate and preemptively rebut every possible inference favoring the defendant, even if implausible, to survive summary ju… |
| 18-8474 |
John Henneberry v. County of Alameda, California, et al. |
Ninth Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment bench-warrant civil-procedure civil-rights criminal-procedure due-process fourth-amendment mail-fraud qualified-immunity rico-statute service-of-process |
When can a court allow faulty and fabricated service-by-mail of a criminal summons instead of personal service-by-sworn-officer? |
| 18-8476 |
Anthony Grandison v. Maryland |
Maryland |
2019-03-20 |
Denied |
Response WaivedIFP |
capital-sentencing collateral-consequences constitutional-due-process criminal-procedure death-penalty due-process harmless-error jury-instructions mitigating-factors sentencing sentencing-guidelines standard-of-proof |
Whether the Maryland Court of Appeals erred in finding that Grandison failed to prove he suffered significant collateral consequences from his unconst… |
| 18-8481 |
Ricky Thompson v. United States |
Sixth Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
conspiracy-evidence criminal-procedure discovery discovery-rules due-process government-disclosure government-investigation materiality sealed-affidavit sealed-records |
Did requiring the assertion of detail known only to the government to show 'materiality' impermissibly raise the threshold? |
| 18-8482 |
Lourdes Margarita Garcia v. United States |
Eleventh Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
brecht-standard constitutional-rights criminal-procedure critical-stage Cronic cronic-rule cronic-standard defense-counsel direct-appeal due-process eleventh-circuit hybrid-error prejudice structural-error trial-procedure |
Did the Eleventh Circuit err by holding this 'startling, intentional' violation of the defendant's constitutional and statutory rights did not constit… |
| 18-8483 |
Rafael Agosto v. Christopher Miller, Superintendent, Great Meadow Correctional Facility |
Second Circuit |
2019-03-20 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process habeas-corpus jurisdiction standing |
Whether the U.S. Court of Appeals had subject matter jurisdiction pursuant to the U.S. Const. Art. III, Sec. 2(a), to issue an order on December 19th … |
| 18-8484 |
Gregory Donzell Bailey v. Ricky Foxwell, Warden, et al. |
Fourth Circuit |
2019-03-20 |
Denied |
IFP |
6th-amendment caseload caseload-management civil-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance public-defender public-defenders right-to-counsel |
Whether the defendants' representation and resources should be limited due to public defenders in trial courts being overwhelmed with caseloads |
| 18-8491 |
Ernest Marquis Flowers v. Laura Uriarte, et al. |
Florida |
2019-03-20 |
Denied |
IFP |
appeal civil-rights civil-rights-violation constitutional-rights criminal-procedure due-process habeas-corpus judicial-review malicious-prosecution prosecutorial-misconduct sentencing sixth-amendment unlawful-detention |
Whether petitioner was unlawfully detained in the Florida Department of Corrections under 'fully completed' to verdicts contrary to Florida Supreme Co… |
| 18-8492 |
Reginald Gibson v. James Haviland, Warden |
Sixth Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
constitutional-claims constitutional-law criminal-procedure due-process ohio-constitution post-conviction-relief procedural-default res-judicata state-law |
Whether a criminal defendant is denied due process of law if the state improperly invokes its res judicata rule |
| 18-8498 |
Oryan Yazzie v. United States |
Tenth Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guideline-range mental-health sentencing sentencing-guidelines sentencing-review substantive-reasonableness supervised-release |
Is a supervised release revocation sentence of a length more than double the top of the advisory Guideline range substantively unreasonable if the dis… |
| 18-8456 |
Roberto Miramontes Roman v. United States |
Tenth Circuit |
2019-03-19 |
Denied |
IFP |
18-USC-924(c)(1)(A) acquittal conviction criminal-procedure double-jeopardy Double-Jeopardy-Clause drug-trafficking due-process federal-prosecution Firearm-Possession firearm-statute Prosecution state-court-acquittal state-federal-prosecution statutory-interpretation |
Did it violate the Double Jeopardy Clause for the United States to prosecute Mr. Roman for the same offense and conduct for which he was acquitted in … |
| 18-8460 |
Antonio Avilez v. Massachusetts |
Massachusetts |
2019-03-19 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights constitutional-law constitutional-violation criminal-conviction criminal-procedure due-process federal-jurisdiction fifth-amendment kidnapping petitioner-rights |
Whether the Petitioner's conviction for kidnapping violated the Fifth Amendment to the United States Constitution? |
| 18-8463 |
Douglas A. Dyer v. United States |
Sixth Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
appellate-review circuit-court civil-procedure civil-remedy criminal-procedure double-jeopardy kokesh-v-sec sec sec-disgorgement sixth-circuit supreme-court-interpretation |
Whether the United States Court of Appeals for the Sixth Circuit erred in determining that the United States Supreme Court case of Kokesh v. SEC was n… |
| 18-8468 |
Alfredo Mendez v. United States |
Ninth Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure discretion district-court-authority due-process federal-courts judicial-discretion sentencing sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion at sentencing to weigh established factors at sentencing |
| 18-8470 |
Tommy Lee Jones v. United States |
Sixth Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process evidence evidence-admission fair-trial judicial-conduct sentencing |
Has the District Court denied Mr. Jones a fair trial by allowing unsustained and unproven testimony into evidence |
| 18-8472 |
James Allen Eapmon v. United States |
Sixth Circuit |
2019-03-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure due-process first-step-act life-imprisonment mandatory-minimum sentencing statutory-interpretation |
whether-the-petitioner-was-denied-due-process |
| 18-8473 |
Eric Laquinne Brown, aka Eric L. Brown, aka Eric Brown v. Mississippi |
Mississippi |
2019-03-19 |
Denied |
Response WaivedIFP |
civil-rights competency competency-hearing constitutional-rights criminal-procedure due-process guilty-plea mental-competency mental-evaluation mental-health mississippi-uniform-rule-9.06 plea-bargaining procedural-bars procedural-due-process standing |
Did Brown have a Constitutional right to have a competency hearing before he plead guilty? |
| 18-8443 |
James F. Oliveira v. Patricia A. Coyne-Fague, et al. |
First Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-provisions constitutional-rights criminal-justice criminal-procedure defendant-rights due-process judicial-review jurisdiction speedy-trial statutory-interpretation trial-procedure |
Whether the defendant James F. Oliveira was denied his constitutional right to a speedy trial |
| 18-8442 |
Marc Dutch v. United States |
Tenth Circuit |
2019-03-18 |
Denied |
Response WaivedIFP |
6th-amendment apprendi criminal-procedure indictment jury prior-convictions sentencing sixth-amendment statutory-interpretation |
Does 18 U.S.C. § 924(e)(1)'s requirement that prior convictions be 'committed on occasions different from one another' require such facts to be allege… |
| 18-8448 |
Edward Bishop v. United States |
Seventh Circuit |
2019-03-18 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure digital-evidence digital-files dna-evidence evidence fourth-amendment particularity-requirement probable-cause search-warrant |
Does a search warrant which described the place to be searched and the things to be seized fail the particularity requirement of the Fourth Amendment? |
| 18-8450 |
Randall Alan Carder v. California |
California |
2019-03-18 |
Denied |
IFP |
assault assault-with-deadly-weapon constitutional-rights counter-attack criminal-procedure deadly-weapon due-process effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions self-defense |
Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a d… |
| 18-8451 |
Luciano Garcia v. United States |
Tenth Circuit |
2019-03-18 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review criminal-procedure criminal-sentencing district-court due-process gall-v-united-states judicial-review rita-v-united-states sentencing sentencing-guidelines sentencing-variance tenth-circuit variance |
Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with… |
| 18-8404 |
Adrian Laroy Seymore v. United States |
Ninth Circuit |
2019-03-15 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure district-court-discretion due-process evidence evidentiary-standard government-evidence presentence-investigation-report sentencing sentencing-guidelines standard-of-review |
Whether a District Court erred in applying a guideline enhancement based solely on allegations contained in the Presentence Investigation Report after… |
| 18-8432 |
Kelly Foust v. Ohio |
Ohio |
2019-03-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
capital-defendant capital-punishment capital-sentencing constitutional-interpretation criminal-procedure death-penalty hurst-precedent hurst-v-florida jury jury-waiver sixth-amendment |
Does Ohio's death penalty scheme violate the Sixth Amendment right to a jury as explained in Hurst v. Florida? |
| 18-1202 |
Pedro Montalvo, Jr. v. Ohio |
Ohio |
2019-03-15 |
Denied |
|
6th-amendment child-pornography computer-age constitutional-rights criminal-procedure doyle-violation due-process massiah-doctrine obscenity right-to-defense scienter sixth-amendment strict-liability |
Whether Ohio's strict liability for inadvertent child pornography dissemination violates due process, whether defendant's right to mount a defense was… |
| 18-1198 |
Westley A. Albright v. Tennessee |
Tennessee |
2019-03-14 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-defendant criminal-procedure diversion due-process fourteenth-amendment fourth-amendment nolo-contendere plea-bargaining sentencing |
Whether the Supreme Court of Tennessee erred when it held, as a matter of first impression, that due process rights under the Fourth and Fourteenth Am… |
| 18-1201 |
Keith Preston Gartenlaub v. United States |
Ninth Circuit |
2019-03-14 |
Denied |
Response Waived |
computer-search criminal-procedure due-process evidence-use-restrictions fisa fisa-warrant fourth-amendment franks-hearing general-warrant general-warrants legal-traditions national-security use-restrictions |
Whether a secret FISA-authorized computer search violates the Fourth Amendment's prohibition on general warrants, whether the Fourth Amendment imposes… |
| 18-8410 |
Marshall Ray Miller v. Joseph L. McFadden, Warden |
Fourth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourth-circuit ineffective-assistance-of-counsel law-enforcement-statements personal-jurisdiction plea-agreement plea-bargaining sentencing |
Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a con… |
| 18-8411 |
Lecephrus Pierce v. United States |
Fourth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
conviction criminal-procedure fourth-amendment law-enforcement search-and-seizure supreme-court-precedent traffic-stop vehicle-search warrantless-search |
Whether the Fourth Circuit Court of Appeals abandoned established Supreme Court precedent in affirming the petitioner's conviction despite finding no … |
| 18-8427 |
Malcolm Roy Evans v. United States |
Eighth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-rights criminal-trial due-process ineffective-assistance judicial-discretion judicial-inquiry right-to-counsel right-to-testify self-representation |
Whether a trial court may summarily prohibit an accused from testifying in his own defense |
| 18-8436 |
David Fehr Harder v. United States |
Fifth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8437 |
Garceia Coleman v. Court of Appeals of Wisconsin, District I |
Wisconsin |
2019-03-14 |
Denied |
Response WaivedIFP |
appellate-review civil-rights conviction-standards criminal-procedure due-process equal-protection judicial-review jurisdiction jury-verdict standing statutory-interpretation supervisory-writ |
Whether the Wisconsin Supreme Court's failure to grant a Wis. Stat. § 809.71 supervisory writ has jurisdiction to change the jurisdiction of cases |
| 18-8392 |
Obinna Obiora v. United States |
First Circuit |
2019-03-13 |
Denied |
Response WaivedIFP |
constitutional-law controlled-substance criminal-procedure drug-conspiracy due-process jackson-standard jackson-v-virginia reasonable-doubt sufficiency-of-evidence |
When the evidence that links a defendant to a charged drug conspiracy is based on his participation in an isolated series of alleged transactions with… |
| 18-8414 |
Dennis E. v. Matthew J. D'Emic, Administrative Judge, Supreme Court of New York, 2nd Judicial District, et al. |
New York |
2019-03-13 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure defendant-rights due-process equal-protection jackson-v-indiana standing state-law |
Whether the State may compel relief under Jackson v. Indiana over a defendant's objection |
| 18-8419 |
Fabian Hernandez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-13 |
Denied |
IFP |
28-usc-2254 criminal-procedure due-process federal-courts federal-habeas federal-review habeas-corpus judicial-review reasoned-decision standard-of-review state-court-decision state-courts statutory-interpretation unreasonableness-test |
Whether, in the face of a reasoned state court decision, a federal habeas court applies the unreasonableness test of 28 USC §2254(d)(1) to the specifi… |
| 18-1186 |
Anthony Johnson v. Edward Winstead, et al. |
Seventh Circuit |
2019-03-13 |
Denied |
Relisted (2) |
5th-amendment civil-rights constitutional-claim criminal-procedure criminal-proceedings due-process fifth-amendment heck-v-humphrey inculpatory-statement section-1983 statute-of-limitations unconstitutional-evidence unconstitutional-statement |
Whether the statute of limitations for a Section 1983 claim based on the use of an unconstitutional inculpatory statement begins to run when criminal … |
| 18-1188 |
Jeffrey A. Jacobi v. Wisconsin |
Wisconsin |
2019-03-13 |
Denied |
Response Waived |
civil-procedure civil-rights criminal-procedure due-process evidence fourth-amendment intoxication intoxication-determination intoxication-inference law-enforcement law-enforcement-inference police-inference probable-cause reasonable-suspicion traffic-accident traffic-stop vehicle-collision |
Whether it is reasonable for police to infer that a driver was intoxicated at the time of a collision based solely on the fact that the driver was fou… |
| 18-8382 |
Guy Ennis Smith v. United States |
Eleventh Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law coram-nobis criminal-procedure due-process first-amendment fourth-circuit free-speech military military-medals ninth-circuit speech-restrictions standing stolen-valor-act supreme-court-precedent |
Whether this Court's decision in United States v. Alvarez has any effect on the subsection that criminalized the unauthorized wearing of military meda… |
| 18-8390 |
Jose Salvador Lantigua v. United States |
Eleventh Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
28-U.S.C.-455(a) 28-usc-455 court-victim criminal-procedure due-process judicial-bias judicial-recusal recusal sentencing sentencing-guidelines victim-of-crime |
Whether a sentencing judge should recuse himself when he expressly views his own court as a 'victim' of the offense in deciding to sentence a defendan… |
| 18-8396 |
Mary Jo Weidrick v. Donald J. Trump, President of the United States |
District of Columbia |
2019-03-12 |
Denied |
Response WaivedIFP |
5th-amendment 5th-amendment-right-to-counsel 6th-amendment 6th-amendment-right-to-counsel adversarial-process civil-rights constitutional-violation counsel criminal-procedure due-process fifth-amendment investigation right-to-counsel sixth-amendment standing terrorism terrorism-investigation |
Whether Petitioner's Fifth and Sixth Amendment rights to counsel are violated |
| 18-8400 |
Travis Demond Johnson v. United States |
Eleventh Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion acceptance-of-responsibility criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-procedure sentencing-reasonableness statutory-purposes-of-sentencing upward-departure |
Whether the district court erred in departing upward under the United States Sentencing Guidelines §4A1.3 |
| 18-8402 |
Jesse Allen Dauenhauer, aka Jesse A. Dauenhauer v. United States |
Ninth Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
4th-amendment 4th-amendment,search-and-seizure,exclusionary-rule constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment search-and-seizure suppression-of-evidence washington-state-law |
Should the District Court have suppressed the evidence of firearms in the Defendant's car because the search and seizure was inadmissible under Washin… |
| 18-8403 |
Sergio Caballero v. United States |
Ninth Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence evidence-exclusion fifth-amendment habeas-corpus third-party-culpability |
Whether the district court violated Petitioner's Fifth Amendment rights by failing to allow evidence of third-party culpability |
| 18-8359 |
Jarrett Terrell Edwards v. United States |
Fourth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
appellate-review career-offender criminal-law criminal-procedure criminal-sentencing due-process fourth-circuit guideline-interpretation sentencing-guidelines statutory-interpretation u.s.s.g-4b1.1 u.s.s.g.-4b1.1(a) |
Whether the United States Fourth Circuit Court of Appeals committed error by sentencing the Petitioner as a career offender pursuant to U.S.S.G. § 4B1… |
| 18-8364 |
James D. Sullivan v. United States |
Sixth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure evidence-rule-414 evidentiary-hearing federal-rules-of-evidence grand-jury plea-agreement plea-withdrawal prosecutorial-discretion rule-104 rule-414 |
Whether the trial court must determine by a preponderance of evidence that the defendant engaged in child molestation conduct |
| 18-8367 |
Lamar Williams v. American Auto Logistics |
New Jersey |
2019-03-11 |
Denied |
IFP |
civil-procedure civil-rights constitutional-issues constitutional-review court-procedure due-process evidence evidentiary-standards expert-opinion judicial-opinion legal-standing standing witness-testimony witnesses |
Is the prior court's decision constitutional? |
| 18-8370 |
Lonnie Eugene Lillard v. United States |
Ninth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
appellate-review conflict-of-interest constitutional-rights criminal-appeal criminal-procedure discretion due-process federal-procedure ninth-circuit self-representation |
What procedural safeguards are afforded to federal criminal defendants when an Appellate Court panel exercises its discretion in deciding whether or n… |
| 18-8372 |
Dominique Green v. Texas |
Texas |
2019-03-11 |
Denied |
IFP |
appellant-rights civil-procedure civil-rights court-determination due-process evidence evidentiary-standard fact fact-and-law informal-marriage legal-sufficiency marriage marriage-evidence standing |
Did she Loust of Anpeads eccod Wwhen it derermincd aod Vert WHS leqarlyy \\asudlicient evidence to Estaalish a inloramnal Wnarrage Wer Ween Appatank A… |
| 18-8377 |
Walter D. Booker v. T. Johnson, et al. |
Fourth Circuit |
2019-03-11 |
Dismissed |
Response WaivedRelisted (2)IFP |
42-usc-1983 civil-rights criminal-procedure fourth-amendment investigative-detention probable-cause qualified-immunity reasonable-suspicion section-1983 seizure |
Whether the officers had reasonable suspicion to seize Mr. Booker Shabazzallah? |
| 18-8378 |
Garron T. Briggs v. United States |
Eighth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
acquittal constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceeding plea-bargaining prejudice prejudice-prong reasonable-probability right-to-trial strickland-v-washington |
Whether the district court's ruling, which implies that when a petitioner successfully proves that his counsel was ineffective, that petitioner must t… |
| 18-8379 |
John Anthony Dobbs v. Texas |
Texas |
2019-03-11 |
Denied |
IFP |
civil-rights confrontation-clause constitutional-interpretation crawford-standard crawford-v-washington due-process evidence forensic-evidence medical-examination medical-forensic medical-forensic-purpose sane-nurse sane-nurse-examination testimonial-statement testimonial-statements |
Whether statements obtained during a 'sane nurse' examination have become 'testimonial' for purposes of the Confrontation Clause under Crawford v. Was… |
| 18-8338 |
Anthony T. Jackson v. Illinois |
Illinois |
2019-03-08 |
Denied |
IFP |
appellate-review constitutional-violations criminal-procedure due-process due-process,standing,criminal-procedure,evidence,p evidentiary-hearing fourth-amendment ineffective-assistance-of-counsel post-conviction wrongful-conviction |
Whether the Illinois state courts' refusal to allow a petitioner an evidentiary hearing on post-conviction claims despite the record containing facts … |
| 18-8340 |
Victor Roblero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-03-08 |
Denied |
IFP |
constitutes a violation of the Sixth Amendment ri specifically the failure to investigate and prese appeal capital-punishment criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mental-health sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated when trial counsel failed to investigate and present evidence of the… |
| 18-8346 |
Danilo Velasquez v. United States |
Ninth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure diminished-capacity due-process evidence expert-testimony fundamental-rights life-sentence ninth-circuit sentencing |
Did the Ninth Circuit fail to protect petitioner's fundamental due process right to present his complete defense? |
| 18-8349 |
Daverne Michael Foy v. United States |
Fifth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
appeal appeal-waiver civil-rights criminal-procedure due-process judicial-proceedings plain-error sentencing sentencing-guidelines substantial-rights waiver |
Whether the trial court's consideration of non-charged offenses with significantly higher sentencing guidelines constitutes plain error affecting the … |
| 18-8353 |
David A. Hicks v. United States |
Fourth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
brady-rule criminal-procedure due-process evidence-destruction exculpatory-evidence government-misconduct habeas-corpus spoliation-of-evidence witness-credibility |
Whether the Government can destroy evidence a defendant has sufficient reason to believe is necessary to prove innocence in an anticipated § 2241 Moti… |
| 18-8355 |
Mario Chester Tabron v. United States |
Fourth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
burglary burglary-element criminal-enhancement criminal-law criminal-procedure district-court due-process federal-jurisdiction fourth-amendment fourth-circuit sentencing sentencing-guidelines statutory-interpretation |
Did the Fourth Circuit and the Middle district Of North Carolina (Greensboro) err in affirming the USSG 2K2.1(b)(6)(B) | 4-Level enhancement without p… |
| 18-8356 |
In Re Steven Eason |
|
2019-03-08 |
Denied |
IFP |
actual-innocence civil-rights criminal-procedure due-process equal-protection habeas-corpus jurisdiction jurisdictional-limitations procedural-bars prosecutorial-misconduct state-law successive-habeas successive-petitions |
Whether the petitioner's fundamental constitutional right to due process was violated when the state prosecuted him on counts of his indictment becaus… |
| 18-8357 |
Richard A. Wilford v. Bradley M. Trate, Warden, et al. |
Third Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
constitutional-privilege criminal-procedure due-process federal-jurisdiction federal-prisoner governmental-custodian habeas-corpus jurisdiction jurisdictional-challenge pro-se pro-se-petition standing unlawful-detention |
Whether the dismissal for lack of jurisdiction of a federal prisoner's pro se petition for the writ of habeas corpus against the governmental custodia… |
| 18-1166 |
Colton W. Sievers v. Nebraska |
Nebraska |
2019-03-08 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
4th-amendment-search-and-seizure constitutional-law criminal-procedure criminal-suspect fourth-amendment information-gathering police-investigative-stop police-powers police-stop reasonable-suspicion search-and-seizure terry-stop |
Whether Illinois v. Lidster allows the police to stop a criminal suspect without reasonable suspicion on the ground that the stop is merely 'informati… |
| 18-8325 |
Amaury Villa v. United States |
Second Circuit |
2019-03-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance sentencing sentencing-calculation sentencing-guidelines sixth-amendment standard-of-review trial-procedure u-s-sentencing-guidelines |
Whether appellant received the effective assistance of counsel? |
| 18-8328 |
Maritza Burgueno-Gonzalez v. United States |
Ninth Circuit |
2019-03-07 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-USC-3553a criminal-procedure criminal-sentencing district-court district-court-discretion federal-sentencing sentencing-considerations sentencing-disparities smuggling smuggling-scheme unwarranted-sentences |
Whether the district court violated 18 U.S.C. § 3553(a)'s rule that a district court must consider unwarranted sentencing disparities |
| 18-8241 |
Andrew Guy Moret v. Pat Garrett |
Ninth Circuit |
2019-03-06 |
Denied |
IFP |
civil-rights constitutional-interpretation criminal-procedure due-process equal-protection habeas-corpus judicial-procedure legal-review lower-court-decision standing supreme-court-petition |
Does the seriousness of criminal charges obviate the states' governments' obligation to uphold the constitutional rights of the accused? |
| 18-8268 |
Alandis D. Patterson v. United States |
Fourth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-history criminal-procedure drug-possession due-process presentence-investigation sentencing-factors sentencing-guidelines sentencing-variance sexual-abuse |
Did the trial court err in overruling the Petitioner's objection to the Application of a two-level increase pursuant to U.S.S.G. Section 2G1.1(c)(1), … |
| 18-8269 |
Alejandro Casillas Prieto v. United States |
Fifth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
amendment-782 chapter-5-part-a criminal-history criminal-procedure due-process guideline-range guidelines life-imprisonment notice offense-level sentencing sentencing-guidelines statutory-interpretation |
Does the sentencing judge's oral pronouncement of the offense level 43 control? |
| 18-8273 |
Cecilio Cuero Payan v. United States |
Eleventh Circuit |
2019-03-06 |
Denied |
IFP |
conflict-free-attorney conflict-of-interest criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-counsel sixth-amendment waiver |
Whether, under the sixth amendment, a criminal defendant may waive his right to raise a claim of ineffective assistance of counsel as part of a plea-a… |
| 18-8276 |
Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison |
Third Circuit |
2019-03-06 |
Denied |
IFP |
certificate-of-appealability constitutional-violations criminal-procedure due-process due-process,fair-trial,impartial-jury,lesser-inclu fair-trial impartial-jury ineffective-assistance-of-counsel jury-instructions lesser-included-offense right-to-be-present trial-rights |
Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability |
| 18-8297 |
John Baccus v. Edgar L. Clements, III, et al. |
Fourth Circuit |
2019-03-06 |
Dismissed |
IFP |
4th-amendment brady-v-maryland civil-rights criminal-procedure due-process evidence judicial-power prosecutorial-misconduct |
Whether the Fourth Circuit Court's proceedings that led to petitioner's sentence violated his constitutional and statutory due process rights |
| 18-8299 |
Walter Raynard Lingard v. United States |
Fourth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
allocution-rights appellate-review criminal-procedure criminal-sentencing downward-departure due-process judicial-discretion probation-revocation right-to-allocution sentencing-review |
Did the court of appeals err in its determination that the district court did not err in declining to vary downward based upon Lingard's state probati… |
| 18-8306 |
Billy Gene Howard v. United States |
Eighth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
acca acca-clause armed-career-criminal-act concurrent-sentencing criminal-procedure due-process habeas-corpus johnson-relief johnson-v-united-states sentencing sentencing-guidelines violent-felony |
Whether a 28 U.S.C. § 2255 petitioner must affirmatively prove the sentencing court relied on the residual clause |
| 18-8312 |
Dayomashell David Aguilar v. William Gittere, Warden, et al. |
Ninth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
aiding-and-abetting conspiracy criminal-procedure first-degree-murder jury-instructions mens-rea miscarriage-of-justice |
Whether the Ninth Circuit erred in denying a certificate of appealability on Aguilar's claim that the jury instructions relieved the State of the burd… |
| 18-8314 |
Jose Nino-Carreon v. United States |
Fifth Circuit |
2019-03-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure district-court district-court-discretion guidelines plain-error sentencing sentencing-discretion sentencing-guidelines substantial-rights |
Whether a court of appeals that finds a plain Guideline error should ordinarily find an effect on the defendant's substantial rights if the district c… |
| 18-1158 |
Jarrod Taylor v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2019-03-06 |
Denied |
Amici (1) |
appeals brady-violation certificate-of-appealability constitutional-law criminal-procedure due-process eleventh-circuit evidence habeas-corpus ineffective-assistance-of-counsel judicial-review jury-bias prosecutorial-misconduct trial-procedure |
Jarrod Taylor's habeas corpus claims challenging the State's concealment of evidence during his trial |
| 18-8233 |
Calvin J. Reid v. United States |
Sixth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
§2255-motion 18-usc-4241 certificate-of-appealability circuit-split competency-hearing criminal-procedure criminal-procedure-appeal due-process ineffective-assistance mental-competency mental-illness right-to-counsel standards-of-review |
Whether the Sixth Circuit Court of Appeals has misapplied the standards set forth in Miller-El v. Cockrell and Buck v. Davis |
| 18-8267 |
Vincent Green v. United States |
Eleventh Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
ACCA acca-offender armed-career-criminal-act categorical-approach criminal-law criminal-procedure enumerated-offense o.c.g.a.-16-7-1 sentencing sentencing-enhancement stare-decisis statutory-interpretation |
Whether the petitioner's sentence as an ACCA offender must be set aside, whereas O.C.G.A. § 16-7-1 is not a viable enumerated offense predicate, based… |
| 18-8274 |
Avniel Awan Anthony v. United States |
Fifth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process Ineffective-assistance-of-counsel jurisdiction jurisdictional-issue obstruction-of-justice probation-department reckless-endangerment sentencing sentencing-enhancement Sentencing-enhancements sentencing-guidelines unproven-conduct Upward-variance |
Does the U.S. Probation Department have authority to apply enhancements for conduct alleged to have happened outside the jurisdiction of the United St… |
| 18-8275 |
Brian Sawyers v. United States |
Ninth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
civil-rights criminal-justice criminal-procedure due-process equal-protection implicit-bias jury-instruction jury-instructions jury-selection racial-bias racial-discrimination racial-prejudice sixth-amendment voir-dire |
Whether the federal district court should give an implicit-bias jury-instruction upon-request |
| 18-8279 |
George Wayne Brooks v. Pennsylvania |
Pennsylvania |
2019-03-05 |
Dismissed |
Response WaivedIFP |
brady-law constitutional-standards criminal-procedure due-process evidence-determination federal-law fraud-on-the-court judicial-process newly-presented-evidence |
Whether the United States has a substantial interest in preventing the risk of injustice to defendant and an interest in the public's confidence in th… |
| 18-8285 |
Miguel Martinez v. Texas |
Texas |
2019-03-05 |
Denied |
IFP |
mistrial objective-facts oregon-v-kennedy prosecutorial-intent subjective-beliefs wheeler-factors criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-intent wheeler-factors |
Whether Texas courts have replaced the manageable and effective 'objective facts and circumstances' test recognized in Oregon v. Kennedy with the so-c… |
| 18-8291 |
Juanita Garcia v. Deborah Johnson, Warden |
Ninth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure evidence habeas habeas-corpus ineffective-assistance-of-counsel prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington |
Whether a habeas petitioner must show that absent the attorney's deficient performance, no other evidence supported the verdict |
| 18-8292 |
Julius Greer v. United States |
Third Circuit |
2019-03-05 |
Denied |
IFP |
circuit-split crime-of-violence criminal-procedure forfeiture judicial-review motion-to-dismiss plain-error-review speedy-trial-act standard-of-review waiver |
Speedy-Trial-Act-violation |
| 18-8232 |
Jesus Rosales v. Texas |
Texas |
2019-03-04 |
Denied |
IFP |
6th-amendment allen-charge coercion criminal-procedure due-process judicial-discretion jury-deliberation jury-instruction jury-instructions trial-procedure |
At what point should a court grant defense's request for an Allen charge, so that the lack of one, in itself, does not become coercive? |
| 18-8235 |
Arthur Lopez v. California |
California |
2019-03-04 |
Denied |
IFP |
1st-amendment 6th-amendment civil-rights criminal-procedure discrimination due-process equal-protection judicial-bias racial-discrimination |
Whether the deprivation of Alo's civil rights under the United States Constitution Amendments 1 and 6 violates his constitutional rights to free speec… |
| 18-8239 |
Negus Thomas v. United States |
Second Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-procedure crosby-remand district-court intervening-change-in-law jacobson-remand law-of-the-case law-of-the-case-doctrine manifest-injustice new-evidence reasonableness reasonableness-review resentencing sentencing |
Whether the district court erred in declining to resentence the defendant-Petitioner on remand |
| 18-8251 |
Zachariah Joel Peterson v. Jay Cassady, Warden |
Eighth Circuit |
2019-03-04 |
Denied |
IFP |
certificate-of-appealability criminal-procedure due-process eighth-circuit felony-murder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instruction jury-instructions standard-of-review |
Whether the Eighth Circuit court of Appeals abused its discretion in denying petitioner a COA on his claim on insufficient evidence |
| 18-8253 |
Jamie Kenmont Kerien Brown v. Georgia |
Georgia |
2019-03-04 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment equal-protection habeas-corpus intellectual-disability mental-health post-conviction-relief |
Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who was intellectually disabled at th… |
| 18-8254 |
Eddie Earl Phillips v. Mississippi |
Mississippi |
2019-03-04 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights conviction criminal-procedure due-process habitual-offender indictment jury-instructions sentencing statement-of-the-case statutory-provisions |
Whether Phillips' Conviction and Sentence stems from a defective indictment, in violation of his due process rights? |
| 18-8260 |
Kenton Deon Harrell v. United States |
Fifth Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights constitutional-claim criminal-procedure due-process equal-protection evidentiary-hearing free-speech habeas-corpus ineffective-assistance post-conviction-relief standing statutory-interpretation takings |
Whether the lower court erred in its interpretation and application of the relevant legal principles |
| 18-8264 |
Guadalupe Avendano-Vasquez v. United States |
Eleventh Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review civil-procedure criminal-procedure deportation due-process sentencing sentencing-guidelines supervised-release |
Whether an appeal waiver precludes review of the sentence of supervised release when the defendant has been deported |
| 18-8184 |
Daryl Sharp v. Timothy Dolan |
District of Columbia |
2019-03-01 |
Denied |
Relisted (2)IFP |
appeal civil-procedure civil-rights criminal-procedure due-process evidence free-speech jurisdiction jury-instructions standard-of-review standing |
Whether the evidence presented at trial was sufficient to support the conviction |
| 18-8207 |
Wayland Lynn Dilts v. Michigan |
Michigan |
2019-03-01 |
Denied |
IFP |
constitutional-rights courtroom-closure criminal-procedure due-process fair-trial fundamental-fairness new-trial public-trial secret-trial sixth-amendment trial-fairness |
Whether Petitioner's Sixth Amendment right to a public trial was violated |
| 18-8210 |
Mahogany Taquilla Alexander v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-discretion |
Did trial court abuse discretion by considering nolle prossed charge in sentencing, violating 5th and 14th Amendment rights |
| 18-8218 |
Nathaniel Hoskins v. United States |
Seventh Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation confidential-informant criminal-justice-system criminal-procedure due-process evidence evidence-suppression materiality prosecutorial-misconduct rico-conspiracy suppression |
Whether the prosecution's pretrial evidentiary suppression of various law enforcement reports, interviews and statements favorable to the Petitioner v… |
| 18-8219 |
Jose J. Hernandez v. M. Eliot Spearman, Warden |
Ninth Circuit |
2019-03-01 |
Denied |
IFP |
appeal civil-rights criminal-procedure due-process evidence felony-murder ineffective-assistance newly-presented standing |
Did appellate counsel render ineffective assistance |
| 18-8222 |
Desi A. Lewis v. Virginia |
Virginia |
2019-03-01 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment jurisdiction sentencing statutory-interpretation trial-court virginia-code |
Was the trial court in error in finding it lacked jurisdiction to resentence or modify the defendant's sentence based on due process rights? |
| 18-8225 |
Barry Druilhet, Jr. v. United States |
Fifth Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process federal-sentencing judicial-discretion obstruction-of-justice sentencing sentencing-enhancement witness-testimony |
Can a federal court consider enhance a defendant's sentence for obstruction of justice where the defendant was seeking out witnesses to testify on his… |
| 18-8226 |
James Craig Bird v. Colorado |
Colorado |
2019-03-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel parole plea-bargaining prejudice-prong strickland-standard strickland-v-washington |
Whether the State improperly determined the prejudice prong underlying the test set-forth in Strickland v. Washington, 466 U.S. 668 (1964) as to erron… |
| 18-8227 |
Bodey Cook v. Illinois |
Illinois |
2019-03-01 |
Denied |
IFP |
abuse-of-discretion antiterrorism-and-effective-death-penalty-act appellate-review certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief |
Whether the Supreme Court erred in denying the petitioner's request for discretionary review under the Antiterrorism and Effective Death Penalty Act (… |
| 18-8231 |
Alvin Stanley Briggs, Jr. v. United States |
Eighth Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
appellate-review constitutional-review counsel-claim court-of-appeals criminal-procedure district-court due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether the court of appeals erred in affirming the district court's denial of petitioner's ineffective assistance of counsel claim |
| 18-8171 |
Omar Alarcon Fuentes, aka Omar Fuentes Alarcon, aka Omar Ramales Quintero v. United States |
Ninth Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel false-testimony grand-jury grand-jury-testimony ineffective-assistance-of-counsel mistrial right-to-counsel uncorroborated-admission uncorroborated-extrajudicial-admission |
Whether petitioner's constitutional right to effective assistance of counsel was violated |
| 18-8176 |
Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2019-02-28 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment |
Was the petitioner's guilty plea knowingly and intelligently made? |
| 18-8177 |
Julia Augusta Constan Macri v. Illinois |
Illinois |
2019-02-28 |
Denied |
Response WaivedIFP |
4th-amendment circuit-split constitutional-rights criminal-procedure deviation fourth-amendment fourth-amendment-search-and-seizure illinois-v-caballes law-enforcement original-purpose reasonable-suspicion rodriguez-v-united-states traffic-stop |
Whether under the Fourth Amendment the reasonable articulable suspicion necessary to extend a traffic stop must be formed before the officer's deviati… |
| 18-8181 |
Feliciano Soto-Lugo v. United States |
Fifth Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure defendant-leniency district-court-discretion due-process judicial-response preservation-of-error reasonableness reasonableness-objection sentencing sentencing-guidelines sentencing-review |
Must challenges to the district court's failure to respond to a defendant's non-frivolous grounds for leniency be preserved by a separate 'reasonablen… |
| 18-8186 |
Kirby Gant v. United States |
Eleventh Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
4th-amendment automobile-exception civil-rights criminal-procedure eleventh-circuit inevitable-discovery inventory-search plain-view-doctrine probable-cause search-and-seizure vehicle-search |
Whether the Eleventh Circuit erred by finding that the automobile exception applied when the district court made no findings that the vehicle was read… |
| 18-8188 |
Jermaine C. Williams v. Ron DeSantis, Governor of Florida, et al. |
Eleventh Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law contract contract-clause criminal-procedure due-process judgment judicial-review lower-tribunal plea-agreement sentencing united-states-constitution |
Whether the plea agreement affirmed by the lower tribunal judgment violated the contract and due process clauses of the United States Constitution |
| 18-8190 |
Edgar Alonso Pineda-Pineda v. United States |
Fifth Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
8-usc-1326 almendarez-torres-v-united-states apprendi-v-new-jersey criminal-procedure due-process indictment prior-conviction sentencing sentencing-enhancement |
Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b) |
| 18-8197 |
Tommy Earl Boone, Jr. v. Texas |
Texas |
2019-02-28 |
Dismissed |
IFP |
civil-rights constitutional-interpretation criminal-code criminal-procedure due-process equal-protection ex-parte-review habeas-corpus incarceration incarceration-period parole sentencing sentencing-statute texas-criminal-procedure texas-law |
Whether Texas Penal Code, Art. 42.082 is unconstitutional as interpreted by the Texas Court in Ex Parte Kuester, 24 SW3d 247 (2000)? |
| 18-8198 |
Brandon Lisi v. United States |
Second Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver conflict-of-interest criminal-procedure curcio-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sentencing sentencing-challenge |
whether-petitioner's-guilty-plea-was-involuntary |
| 18-8199 |
Michael DeVaughn Johnson v. Arizona |
Arizona |
2019-02-28 |
Denied |
IFP |
automatic-reversal constitutional-law constitutional-rights conviction criminal-procedure critical-stage critical-stages due-process habeas-corpus ineffective-assistance right-to-counsel sixth-amendment trial-counsel |
Was the Arizona state courts' decision that the absence of the petitioner's trial counsel during two 'critical stages' of the trial did not require au… |
| 18-8205 |
Elamin Bashir v. United States |
Third Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
conspiracy criminal-law criminal-procedure drug-trafficking due-process individualized-jury-finding jury-finding jury-instructions mandatory-minimum sentencing |
Whether the mandatory minimum sentence was improperly imposed for drug-trafficking conspiracy, because individualized jury finding as to quantity of d… |
| 18-8138 |
Joseph Hughes v. Dan Schnurr, Warden |
Kansas |
2019-02-27 |
Denied |
IFP |
acquittal acquittal-implications civil-rights constitutional-rights criminal-procedure double-jeopardy due-process second-prosecution sex-offender-management sexual-offender sexual-offender-registration state-authority |
How can the State of Kansas manage me as a sexual offender when I was found acquitted of rape by a jury? |
| 18-8155 |
Benjamin E. Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-right constitutional-rights courts-of-appeals criminal-procedure due-process federal-courts federal-habeas federal-habeas-corpus federal-prisoner habeas-corpus legal-scholars standing state-prisoner |
Does a state and/or federal prisoner have a constitutional right to raise a freestanding claim of actual innocence, in a federal habeas corpus proceed… |
| 18-8160 |
Paul Wagner v. United States |
Ninth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
attorney-conflict circuit-court-split circuit-split criminal-procedure cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-precedent mickens-v-taylor ninth-circuit sixth-amendment supreme-court-interpretation united-states-v-hanoum |
Whether the Ninth Circuit's decision conflicts with other circuit courts and Supreme Court precedent on the issue of actual conflict between a defenda… |
| 18-8161 |
Kali Lord v. United States |
Fifth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
above-guidelines-sentence appellate-review criminal-procedure district-court district-court-discretion plain-error preservation-of-error procedural-error procedural-reasonableness reasonableness sentencing sentencing-arguments sentencing-guidelines sentencing-reasonableness |
Is a district court's gross failure to explain an above-range sentence or to respond to arguments for a lesser sentence reversible on plain error? |
| 18-8165 |
Michael J. Galvan v. United States |
Fifth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 18-8118 |
Alvin Davis, Jr. v. Louisiana |
Louisiana |
2019-02-26 |
Denied |
Response WaivedRelisted (2)IFP |
batson-challenge batson-v-kentucky brady-v-maryland brady-violation criminal-procedure cross-examination due-process fair-trial fourteenth-amendment prosecutorial-misconduct second-amendment witness-tampering |
Was the Petitioner, Alvin Davis, Jr. denied a fair trial |
| 18-8119 |
Walter Douglas Jenkins v. Israel Hamilton, Warden |
Fourth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-counsel standing waiver |
Was the petitioner denied by the United States Court of Appeals a prima facie of Sixth and Fourteenth Amendment due process |
| 18-8133 |
Daryl Mingo v. United States |
Eleventh Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-plea-bargaining drug-trafficking due-process firearm-offense firearms plea-bargaining plea-colloquy sentencing statutory-construction |
When Congress enacted and amended 18 U.S.C. Section 924(G)(1) |
| 18-8134 |
Ramon Vasquez v. Pennsylvania |
Pennsylvania |
2019-02-26 |
Denied |
Response WaivedIFP |
civil-rights collateral-consequences constitutional-provisions criminal-procedure due-process false-conviction fundamental-rights liberty-interest substantive-rights |
Whether 42 Pa.C.S.A. § 9543 (a)(1)(i), as applied by the court violated Vasquez's Substantive Rights of Due Process by impinging collateral civil and … |
| 18-8141 |
Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-26 |
Denied |
IFP |
abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel |
Was trial counsel ineffective for not calling an alibi witness? |
| 18-8143 |
Stephen Talbert v. United States |
Eighth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery due-process fraud fraudulent-misrepresentation ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-trial voluntariness |
Can a defendant voluntarily and intelligently enter a plea where counsel fraudulently misrepresents a key fact |
| 18-1109 |
James Erin McKinney v. Arizona |
Arizona |
2019-02-26 |
Judgment Issued |
Amici (14)Relisted (2) |
aggravating-evidence arizona-supreme-court criminal-procedure death-penalty eddings-precedent eddings-v-oklahoma mitigating-evidence resentencing sentencing sentencing-review |
Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sen… |
| 18-8087 |
Joseph Michael Kurz v. Louisiana |
Louisiana |
2019-02-25 |
Denied |
Response WaivedIFP |
burden-of-proof capital-trial criminal-procedure due-process harmless-error judicial-discretion prosecutorial-misconduct sentencing sentencing-error standard-of-review statute-of-limitations time-limitations witness-testimony |
Whether the district court erred in allowing the State to prosecute the defendant for an allegation that the time limitations had expired |
| 18-8120 |
Jerry Lynn Lofton v. Mississippi |
Mississippi |
2019-02-25 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege |
Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his … |
| 18-8121 |
Edward Harrison v. Thomas Griffin, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2019-02-25 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-allocution plea-consolidation statutory-time-limit statutory-violation time-enhancement |
Question not identified |
| 18-8123 |
In Re Ronnie Lee Fagan |
|
2019-02-25 |
Denied |
Response WaivedIFP |
acquittal constitutional-rights criminal-procedure criminal-trial defense-counsel double-jeopardy mistrial right-to-counsel sixth-amendment |
Whether the trial court's exclusion of defense counsel denied the defendant an opportunity to be heard or object to the discharge of the jury, prejudi… |
| 18-8124 |
Tony Gross v. John Havlin, Warden |
Ohio |
2019-02-25 |
Denied |
IFP |
14th-amendment 6th-amendment criminal-procedure death-penalty due-process federal-jurisdiction fourteenth-amendment gideon-v-wainwright judicial-jurisdiction right-to-counsel rothgery-v-gillespie-county sixth-amendment state-jurisdiction zerbst-v-johnson |
Whether states are required to appoint counsel in death penalty cases for all hearings before a judicial officer to sustain a valid conviction |
| 18-8126 |
Ronnie W. Wilson v. Michael Stephan, Warden |
Fourth Circuit |
2019-02-25 |
Denied |
Response WaivedIFP |
arrest-warrant civil-rights criminal-procedure due-process probable-cause search-and-seizure standing vawa |
Should the VAWA (Violence Against Women Act) charges against the petitioner be dismissed because the arrest warrants were not signed? |
| 18-8129 |
Charles Russell v. Texas |
Texas |
2019-02-25 |
Denied |
IFP |
2nd-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence evidence-admission reasonable-doubt social-media social-media-evidence witness-testimony |
Did the Trial Court relieve the state of its burden to prove guilt beyond a reasonable doubt when it allowed the state to show the jury photos found o… |
| 18-8130 |
Eduardo Segoviano-Briseno v. United States |
Fifth Circuit |
2019-02-25 |
Denied |
Response WaivedIFP |
consideration contract-law criminal-procedure defendant-rights due-process federal-courts judicial-interpretation legal-consideration plea-agreement plea-bargaining sentencing |
Whether principles of contract law require consideration (benefit to the defendant) to support a valid plea agreement |
| 18-8074 |
Javonte T. Morgan v. Louisiana |
Louisiana |
2019-02-22 |
Denied |
Response WaivedIFP |
challenge-for-cause civil-procedure civil-rights constitutional-law criminal-procedure due-process evidence fair-trial judicial-proceedings jury-selection peremptory-challenges standard-of-review standing sufficiency-of-evidence |
Whether the lower court erred in denying the petitioner's challenge for cause and finding the evidence sufficient to support the conviction |
| 18-8082 |
Elton Lee Baker, Sr. v. Florida |
Florida |
2019-02-22 |
Denied |
Response WaivedIFP |
attempt charging-information criminal-attempt criminal-conviction criminal-procedure due-process mens-rea strict-liability |
Can a citizen be convicted of an uncharged crime of attempt of the primary charges in the charging information without the attempt statute being inclu… |
| 18-8083 |
Reshawn D'Arby Magnificent-El, aka Reshawn D'Arby Phillips v. United States |
Ninth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion compliance criminal-procedure discretion district-court drug-testing due-process knowingly-used-drugs sentencing-conditions supervised-release supervised-release-conditions |
Whether a district court abuses its discretion in imposing a drug-testing condition on a defendant who never knowingly used drugs, and has otherwise b… |
| 18-8090 |
Edward J. Zakrzewski, II v. Florida |
Florida |
2019-02-22 |
Denied |
IFP |
capital-punishment criminal-procedure death-penalty eighth-amendment florida-supreme-court fourteenth-amendment hurst-v-state jury-unanimity retroactive-application retroactivity savings-clause substantive-law |
Whether the Eighth and Fourteenth Amendments require retroactive application of the Florida Supreme Court's decision in Hurst v. State to capital defe… |
| 18-8093 |
John Ferreira v. Georgia |
Georgia |
2019-02-22 |
Denied |
Response WaivedIFP |
assault-definition civil-rights constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process equal-protection legislative-amendment legislative-deference statutory-construction statutory-interpretation |
Did the State of Georgia err and violate the Petitioner's constitutional rights by upholding a statute that lacks an essential element of the crime ch… |
| 18-8095 |
Enrique Gamino-Perez v. United States |
Fifth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release criminal-justice criminal-procedure criminal-sentencing federal-sentencing-guidelines retroactive-application retroactivity sentencing sentencing-guidelines statutory-interpretation |
Whether a criminal defendant should receive retroactive application of sentencing guidelines under 18 USC 3582(c) |
| 18-8097 |
Robert Herrera, Sr. v. Texas |
Texas |
2019-02-22 |
Denied |
IFP |
appeals appellate-procedure civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction standard-of-review |
Was the Texas Court of Criminal Appeals denied Mr. Benton's appeal and the Texas Court of Appeals stated that his counsel's actions were below a reaso… |
| 18-8099 |
In Re Henry Lee Bryant |
|
2019-02-22 |
Denied |
Response WaivedIFP |
28-usc-1654 appellate-procedure collateral-proceeding collateral-review criminal-appeal criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion pro-se-representation right-to-counsel self-representation self-representation-right statutory-interpretation |
Did the Court of Appeals violate 28 U.S.C. § 1654 by refusing to allow Mr. Bryant to represent himself in the appeal of the collateral proceeding? |
| 18-8100 |
Senica Matthew Franklin v. Mississippi |
Mississippi |
2019-02-22 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-challenge constitutional-provisions criminal-conviction criminal-procedure due-process habeas-corpus judicial-review legal-reversal newly-discovered-evidence post-conviction-relief reasons-for-granting-the-writ statement-of-the-case statutory-provisions |
Whether Senica Franklin's conviction and sentence should be reversed and set aside based upon newly discovered evidence |
| 18-8102 |
Vivian Monroe Holman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-22 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-process post-conviction-relief |
Whether the procedural protections required to challenge a conviction under 28 U.S.C. § 2255 were violated, including the right to an impartial trial … |
| 18-8106 |
Benjamin Crump v. Delaware |
Delaware |
2019-02-22 |
Denied |
Response WaivedIFP |
civil-rights conviction criminal-procedure due-process eyewitness-identification false-testimony fourteenth-amendment wrongful-conviction |
Whether a conviction obtained through the use of false witness testimony that is unreliable to identify the defendant at trial must be vacated under t… |
| 18-8109 |
Robert Blake Adams v. Texas |
Texas |
2019-02-22 |
Denied |
IFP |
4th-amendment blood-draw criminal-procedure due-process exigent-circumstances fourth-amendment retroactive-application retroactivity texas-transportation-code warrant-requirement warrantless-search |
Should this court's holding in Missouri v. McNeely, 133 S. Ct. 1552 (2013), be applied retroactively to state cases? |
| 18-8113 |
Troy Arnaud v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
attorney-client client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify self-representation sixth-amendment trial-counsel |
Whether Arnand was denied his constitutional right to the effective assistance of counsel |
| 18-8114 |
Anthony Boyd v. Joe D. Driver, et al. |
Fifth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
civil-action civil-procedure civil-rights due-process evidence government-transparency legal-standing material-fact standing summary-judgment transparency video-evidence |
Whether Lack Of Transparency Of Video Evidence By The Government, Standing Alone, Creates A Genuine Issue Of Material Fact In A Civil Action? |
| 18-1102 |
Askia Cuff v. Virginia |
Virginia |
2019-02-22 |
Denied |
Response Waived |
abandonment coercion counsel-withdrawal criminal-procedure plea-agreement plea-bargaining right-to-counsel sixth-amendment voluntariness voluntary voluntary-waiver withdrawal |
Was Appellant's waiver of his Sixth Amendment right to trial, pursuant to a plea agreement, freely and voluntarily made or the product of coercion — t… |
| 18-1082 |
Marianne Guzall v. City of Romulus, Michigan, et al. |
Sixth Circuit |
2019-02-21 |
Denied |
Response Waived |
circuit-court circuit-court-split civil-rights due-process evidence federal-rules-evidence free-speech hearsay motive-intent party-opponent sixth-circuit whistleblower-retaliation |
Does the Sixth Circuit Court's split decision determining a statement by a party opponent to be hearsay directly contradict other Circuit Court decisi… |
| 18-1084 |
Minnesota v. Mark Jerome Johnson |
Minnesota |
2019-02-21 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
collateral-review constitutional-law criminal-procedure due-process dui fourth-amendment implied-consent retroactive-application retroactivity search-and-seizure warrant-requirement |
Retroactive application of Birchfield v. North Dakota rule on warrantless blood tests |
| 18-8028 |
Ronald Reel v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions reasonable-doubt self-representation speedy-trial |
Whether petitioner was deprived of his 5th Amendment right to the Reasonable Doubts Clause |
| 18-8041 |
Mark Johnson v. United States |
District of Columbia |
2019-02-21 |
Denied |
Response WaivedIFP |
adolescent-culpability age-as-factor age-of-culpability brain-development criminal-procedure de-facto-life-sentence due-process eighth-amendment juvenile-sentencing miller-v-alabama montgomery-v-louisiana roper-v-simmons |
Whether the Court's rulings regarding when age is a factor in determining culpability apply to those under the age of 25, or is the age lower, but not… |
| 18-8044 |
Lois Brooks v. United States |
Second Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
criminal-procedure government-rights judicial-integrity judicial-proceedings mandatory-minimum plain-error sentencing sentencing-error substantial-rights |
Does the government have 'substantial rights' such that actions taken in derogation of them may constitute 'plain error' under Fed. R. Crim. Pro. 52(b… |
| 18-8047 |
Randy L. Pope v. Steve Franke |
Ninth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
conviction-nullification convictions criminal-procedure disposition due-process federal-courts habeas-corpus judicial-discretion nullification re-sentencing relief-standard sentencing state-law |
Whether the district court must grant relief by adhering to the relief dictated by state law when the state concedes in habeas corpus proceedings and … |
| 18-8049 |
Ramon Montero v. United States |
Fifth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rules-of-criminal-procedure fifth-circuit harmless-error harmlessness-standard molina-martinez molina-martinez-precedent molina-martinez-v-united-states preserved-error preserved-errors rule-52a sentencing-guidelines standard-of-review |
Is the Fifth Circuit correctly conducting its harmlessness inquiry when reviewing preserved Guidelines-calculation errors arising under Rule 52(a) of … |
| 18-8051 |
Yeison Valencia Torres v. United States |
Eleventh Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
circuit-split conflict-of-laws criminal-procedure drug-enforcement drug-offense due-process equal-protection maritime-drug-law maritime-law safety-valve sentencing sentencing-relief statutory-interpretation |
Whether the exclusion of the Maritime Drug Law Enforcement Act (46 U.S.C. § 70503) from eligibility for safety valve violates equal protection |
| 18-8054 |
Michael Kenneth Young v. United States |
Fourth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
4th-amendment crack-cocaine-seizure criminal-procedure criminal-procedure-joinder fair-trial firearm-seizure fourth-amendment joinder motion-to-suppress probable-cause search-and-seizure severance traffic-stop |
Did the Fourth Circuit Court of Appeals err in upholding the denial of Petitioner Michael Young's motion to sever his unrelated charges arising out of… |
| 18-8055 |
Kevin Ventura v. United States |
Second Circuit |
2019-02-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-924c apprendi apprendi-v-new-jersey apprendi-violation circuit-split criminal-procedure due-process jury-consideration jury-instructions jury-trial mandatory-minimum sentencing sentencing-enhancement statutory-interpretation |
Is Mr. Ventura is serving two life sentences imposed in violation of Apprendi v. New Jersey? |
| 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 |
Did excluding this evidence violate Sanchez's clearly established right under Crane? |
| 18-8064 |
Fernando Luviano v. United States |
Ninth Circuit |
2019-02-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-law criminal-statute document-falsification evidence federal-investigation obstruction-of-justice prosecutorial-standard statutory-interpretation |
Whether 18 U.S.C. § 1519 requires the government to prove a 'reasonable likelihood' that the falsified reports were written in contemplation of a poss… |
| 18-8066 |
Roger E. Magana v. Ron Credio, et al. |
Ninth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process effective-counsel habeas-corpus impartial-jury ninth-circuit sixth-amendment supreme-court-review |
Does the Ninth Circuit's memorandum decision contravene this Court's rulings affirming the guarantees of effective counsel and an impartial jury for a… |
| 18-8067 |
Arthur Nop Lew v. California |
California |
2019-02-21 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process jury-instructions jury-trial self-defense sufficiency-of-evidence sufficiency-of-the-evidence trial-by-jury |
Whether upholding a criminal conviction based on a jury instruction and legal standard that are more favorable to the prosecution than what was actual… |
| 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 |
Whether the Texas Court of Criminal Appeals improperly narrowed McCoy |
| 18-8072 |
John J. Wilson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-02-21 |
Denied |
IFP |
14th-amendment 1st-amendment 5th-amendment 6th-amendment access-to-courts appellate-counsel constitutional-violation criminal-procedure discretionary-review due-process pro-se-representation sixth-amendment transcripts |
Can appellate counsel be denied, forcing a criminal defendant to represent himself in a direct appeal to the state district courts of appeal? |
| 18-8073 |
Tony D. Thompson v. Georgia |
Georgia |
2019-02-21 |
Denied |
IFP |
civil-procedure civil-rights collateral-review constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel out-of-time-appeal procedural-default standing withdrawal-of-guilty-plea |
Whether the trial court and the Georgia Supreme Court abused their discretion by failing to reach the merits of petitioner's out-of-time appeal |
| 18-8077 |
Donald Glenn Estes v. Renee Baker, Warden, et al. |
Ninth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
competency-hearing criminal-procedure due-process fifth-amendment fourteenth-amendment involuntary-confinement mental-competency mental-health-confinement prosecutorial-evidence right-to-remain-silent wainwright-v-greenfield |
Whether this Court's Decisions in Wainwright v. Greenfield, 474 U.S. 284 (1996), and Buchanan v. Kentucky, 483 U.S. 402 (1987), Allow a Prosecutor to … |
| 18-8078 |
Elbert Walker v. Antoine Caldwell, Warden |
Eleventh Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
criminal-procedure habeas-corpus motion-to-vacate statutory-interpretation time-requirements trial-court-error void-judgment |
Whether the trial court erred in dismissing petitioner's motion to vacate the indictment on the premise that the motion did not qualify as a statutory… |
| 18-8021 |
Charles R. Baker v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-02-20 |
Denied |
IFP |
anti-terrorism-and-effective-death-penalty-act anti-terrorism-effective-death-penalty-act constitutional-rights criminal-procedure due-process effective-assistance-of-counsel first-amendment habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence sixth-amendment statute-of-limitations |
Whether the newly discovered evidence presented to the lower Courts was sufficient to toll the one year Statute of Limitation set forth in the 48 U.S.… |
| 18-8022 |
Leonicio Arias Coreas v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2019-02-20 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence criminal-procedure dna-evidence due-process fourteenth-amendment fraud ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Did counsel fail to conduct a proper pre-trial investigation |
| 18-8032 |
Edgar Arellano v. California |
California |
2019-02-20 |
Denied |
IFP |
14th-amendment 6th-amendment appellate-procedure constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance pre-trial-investigation right-to-counsel sixth-amendment |
Ineffective assistance of counsel |
| 18-8033 |
Luis Alberto Montalvo Borgos v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2019-02-20 |
Denied |
Response WaivedIFP |
criminal-procedure drug-dealer due-process eyewitness-identification identification-procedure miscarriage-of-justice plain-error Prosecutor-elicited-testimony-about-witness-fear,c Prosecutor-stated-petitioner-was-known-drug-dealer prosecutorial-misconduct witness-testimony |
Was the identification of the petitioner unreasonably suggestive? |
| 18-8038 |
James Patrick Burke v. United States |
Fifth Circuit |
2019-02-20 |
Denied |
Response WaivedRelisted (2)IFP |
child-pornography criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction network-investigative-technique rule-41 rule-41(b) |
Should evidence be suppressed under the 'exclusionary rule' when obtained from Network Investigative Tecnique (NIT) warrants that violated Rule 41(b) … |
| 18-8011 |
Kevin Kerr v. William P. Barr, Attorney General |
Eighth Circuit |
2019-02-19 |
Denied |
Response WaivedIFP |
42-usc-1988 6th-amendment civil-rights competency criminal-procedure due-process federal-jurisdiction free-speech pardon pro-se-appearance psychological-evidence self-representation sixth-amendment standing |
Does 42 U.S.C. § 1988(a) confer jurisdiction on the respondent, the United States District Court, and the United States Court of Appeals conveying to … |
| 18-8012 |
Tasha Michelle Blackburn v. United States |
Eleventh Circuit |
2019-02-19 |
Denied |
Response WaivedIFP |
counsel-communication criminal-procedure due-process duty-to-advise ineffective-assistance ineffective-assistance-of-counsel plea-acceptance plea-bargaining plea-negotiations professional-responsibility sixth-amendment |
What constitutes communicating a plea, and does counsel have an obligation to recommend accepting a plea, or rejecting a plea and proceeding to trial? |
| 18-8014 |
Wyley Tomas Baird v. Tammy Foss, Acting Warden |
Ninth Circuit |
2019-02-19 |
Denied |
IFP |
burden-of-proof civil-rights criminal-procedure due-process evidence federal-court ineffective-assistance-of-counsel judgment jury-instructions opinion petition prosecutorial-misconduct reasonable-doubt sexual-assault supreme-court writ-of-certiorari |
Was Petitioner denied due process of law and the right to be convicted only upon proof beyond a reasonable doubt? |
| 18-8015 |
In Re Michael Ojegba Agbonifo |
|
2019-02-19 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-detention criminal-procedure criminal-proceedings detention due-process indefinite-detention judicial-misconduct legal-representation not-guilty right-to-counsel right-to-trial trial |
Is it Constitutional for a District Court Judge to Hold an accused in an alleged criminal proceedings indefinitely in detention without TRIAL when the… |
| 18-8024 |
Alex Rodriguez v. New Jersey |
New Jersey |
2019-02-19 |
Denied |
Relisted (3)IFP |
constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment |
Was the defendant denied the right to effective assistance of trial counsel? |
| 18-8025 |
Michael St. Hubert v. United States |
Eleventh Circuit |
2019-02-19 |
Denied |
Response WaivedIFP |
18-usc-924 18-usc-924(c)(3)(B) constitutional-vagueness crime-of-violence criminal-law criminal-procedure due-process first-step-act johnson-v-united-states residual-clause sentencing-enhancement sessions-v-dimaya statutory-interpretation unconstitutionally-vague vagueness |
Is the definition of 'crime of violence' in the residual clause of 18 U.S.C. § 924(c)(3)(B) unconstitutionally vague? |
| 18-8031 |
William Bolden v. Pennsylvania |
Pennsylvania |
2019-02-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process jury prior-conviction reasonable-doubt sentencing sentencing-enhancement statutory-maximum |
Was petitioner sentenced under a statute that violate due process of law under the United States Constitution by permitting a trial court to impose an… |
| 18-1079 |
Javier Flores Gaytan v. Michael Hardee |
Fourth Circuit |
2019-02-19 |
Denied |
|
actual-innocence constitutional-standard criminal-conviction criminal-procedure due-process evidence federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-confrontation right-to-fair-trial summary-witness wire-recording |
Whether a State may obtain a criminal conviction and 37-year prison sentence against a defendant where the primary evidence of guilt was a wire-record… |
| 18-7969 |
Willie Ed Smith v. Mississippi |
Mississippi |
2019-02-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction criminal-procedure due-process equal-protection habeas-corpus illegal-sentence ineffective-assistance-of-counsel judicial-misconduct legal-procedure prosecutorial-misconduct sentencing sentencing-error |
Whether Smith's conviction and sentence derived from judicial misconduct |
| 18-7987 |
Ikemefula Charles Ibeabuchi v. Paul Penzone, et al. |
Ninth Circuit |
2019-02-15 |
Denied |
Relisted (2)IFP |
administrative-law appeal civil-procedure civil-procedure-appeal conviction-expungement criminal-procedure due-process habeas-corpus revocation standing |
Whether the District Judge committed a reversible error by forestalling Appellant's relief pending the outcome of a revocation proceeding |
| 18-7992 |
Kessele Livingston v. Lauri Esslinger, et al. |
Ninth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
administrative-law child-custody civil-rights due-process evidence government-agencies government-authority standing |
Does a government agency have the authority to verify the age of a child who is in their custody and the child's mother and father there? |
| 18-7994 |
Daniel H. King v. United States |
Fourth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
bureau-of-prisons civil-commitment civil-rights criminal-law criminal-procedure custody-transfer district-of-columbia due-process federal-jurisdiction federal-law habeas-corpus sentencing statutory-interpretation |
Whether someone serving a sentence imposed by the District of Columbia whose physical custody was transferred to the Bureau of Prisons is 'in the cust… |
| 18-7995 |
Rodney Martin v. United States |
Sixth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion procedural-error reasonableness-of-sentence section-3553a sentencing sentencing-factors sentencing-guidelines |
Did the trial court improperly sentence Mr. Martin and did the appellate court improperly affirm the trial court? |
| 18-7997 |
Samuel Gregg Allen v. United States |
Fifth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
appeal civil-rights constitutional-provision criminal-procedure due-process fifth-circuit plea-agreement unconstitutional waiver waiver-of-appeal |
Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Allen's Plea Agreement |
| 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 … |
| 18-8003 |
Anthony J. Dannolfo v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-02-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel lafler-v-cooper north-carolina-v-alford plea-bargaining strickland-standard strickland-v-washington |
Did Dannolfo's protestation of innocence foreclose his ability of proving Strickland prejudice under Lafler v. Cooper, or did the courts fail to give … |
| 18-8007 |
Kenneth R. Beagle v. Kevin Lindsey, Warden |
Sixth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
alleyne-ruling Alleyne-v-United-States constitutional-law criminal-procedure due-process Montgomery-v-Louisiana retroactivity retroactivity-doctrine supreme-court teague-doctrine Teague-v-Lane |
Did the court in Montgomery v. Louisiana identify, for the first time, a third criteria for determining which of its rulings may be applied retroactiv… |
| 18-7955 |
Antoine Deshawn Barnes v. David Baughman, Warden |
Ninth Circuit |
2019-02-14 |
Denied |
IFP |
constitutional-amendment constitutional-law criminal-procedure criminal-sentences criminal-sentences-parole due-process early-release non-violent-offenders parole parole-considerations-hearings parole-eligibility parole-hearings sentencing statute violent-offenses |
Whether individuals who receive a determinate sentence do not need a parole consideration hearing to be released from prison at the end of their sente… |
| 18-7958 |
John Lohmeier v. United States |
Seventh Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining statute-of-limitations strickland-standard strickland-v-washington |
Was Petitioner's plea of guilty knowingly and voluntarily entered? |
| 18-7961 |
David Martinko v. New Hampshire |
New Hampshire |
2019-02-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
absurdity-doctrine battery battery-continuous-course-of-conduct continuous-course-of-conduct criminal-offense criminal-offenses criminal-offenses-absurdity-doctrine-legislative-s criminal-procedure double-jeopardy due-process judicial-review legal-doctrine legislative-supremacy statutory-interpretation |
Should the 'Absurdity Doctrine' be limited or abandoned in criminal offenses altogether to protect legislative supremacy? |
| 18-7967 |
James Dalton Smith v. Texas |
Texas |
2019-02-14 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-defendant criminal-procedure direct-appeal due-process facial-challenge penal-statute standing statutory-interpretation |
Whether a criminal defendant may raise for the first time on direct appeal the constitutionality of the statute creating and defining the crime for wh… |
| 18-7968 |
Joseph Ragland v. North Carolina |
North Carolina |
2019-02-14 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection postconviction-relief sentencing sixth-amendment state-statute |
Whether a state statute that limits the availability of postconviction relief violates the Equal Protection and Due Process Clauses of the Fourteenth … |
| 18-7972 |
Victor D. Vickers, Jr. v. Missouri |
Missouri |
2019-02-14 |
Denied |
Amici (1)Response WaivedIFP |
alibi alibi-evidence criminal-procedure criminal-procedure-discovery-sanctions discovery discovery-violation due-process fourteenth-amendment sixth-amendment taylor-v-illinois willful-violation |
Whether the exclusion of alibi evidence that could prove a defendant's innocence, as a sanction for an uncalculated discovery violation, is permitted … |
| 18-7973 |
Jaime Villa v. United States |
Ninth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence |
Whether there was insufficient evidence to prove Villa guilty beyond a reasonable doubt? |
| 18-7974 |
Carlos Cruz-Rivera, aka Chiqui, aka Cano, aka Cano Llorens v. United States |
First Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing direct-appeal federal-statute first-step-act pending-cases retroactive-application retroactivity sentencing sentencing-enhancement statutory-interpretation |
Whether 18 U.S.C. § 924(c)(1)(C), as amended and clarified by the First Step Act of 2018, should apply to this case on direct review |
| 18-7978 |
Raymond Amerson v. United States |
Eighth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
all-writs-act audita-querela clarification criminal-procedure jurisdictional-review relevant-conduct sentencing-guidelines united-states-v-morgan |
Whether an All Writs Act petition pursuant to 28 U.S.C. § 1651 (Audita Querela) fills the gap where a defendant has no other appropriate vehicle to pu… |
| 18-7979 |
Eric K. Watkins v. United States |
Sixth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-vagueness crime-of-violence criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment statutory-interpretation vagueness |
Whether the subsection-specific definition of 'crime of violence' in 18 U.S:C. 924(c)(3) (B) is unconstitutionally vague |
| 18-7980 |
Joseph Michael Ladeairous v. Department of Justice |
District of Columbia |
2019-02-14 |
Dismissed |
Response WaivedIFP |
civil-rights criminal-procedure criminal-proceeding due-process foia-request foreign-intelligence-surveillance foreign-intelligence-surveillance-act freedom-of-information freedom-of-information-act national-security standing summary-judgment surveillance terrorist-designation |
Whether petitioner had a right to confront respondent under the Foreign Intelligence Surveillance Act |
| 18-7984 |
James Scott Ervin v. United States |
Fourth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
18-usc-924 armed-career-criminal-act criminal-law criminal-procedure due-process fourth-circuit north-carolina statutory-interpretation violent-felony |
Did the Fourth Circuit Court of Appeals violate the Petitioner's rights to due-process by not following this Court's prior holdings, when it determine… |
| 18-7986 |
Maurin Chacon v. United States |
Eleventh Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
794 amendment-violation civil-rights criminal-procedure due-process federal-law judicial-review plain-error plain-error-standard rosales-mireles rosales-mireles-v-united-states sentencing statutory-interpretation united-states-v-olan |
Does a amendment violation of 794 warrant a plain error review under Rosales-Mireles |
| 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 |
Whether a court must instruct the jury on a criminal defendant's good-faith reliance on professional tax advice as a defense, the scope of discretion … |
| 18-7895 |
Jerry Anderson, II v. Michigan |
Michigan |
2019-02-14 |
Denied |
Response WaivedRelisted (2)IFP |
coercion criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment |
Was the defendant denied his state and federal constitutional rights to effective assistance of counsel when his attorney failed to prepare for trial … |
| 18-7896 |
Ricardo Montanez-Quinones v. United States |
First Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
child-pornography distribution evidence knowingly-distributed knowledge plea-agreement prosecutorial-discretion sentencing-enhancement sentencing-guidelines |
What constitutes sufficient evidence of knowledge to support two-level enhancement for 'knowingly engaging in distribution' of child-pornography under… |
| 18-1064 |
In Re Octavious DeMont Williams |
|
2019-02-13 |
Denied |
|
21-usc-841 burden-of-proof constitutional-due-process constitutional-rights controlled-substance criminal-procedure due-process elements-of-crime fifth-amendment judicial-misconduct jury jury-finding jury-trial |
Octavious Demont Williams petitioned for a writ of habeas corpus, arguing that his constitutional due process was violated when he was deprived of the… |
| 18-7935 |
Kahri Smith v. Bonita J. Hoffner, Warden |
Sixth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
certiorari criminal-procedure felony jurisdiction michigan-law reasonable-jurists self-defense sixth-circuit |
Is certiorari appropriate where the Sixth Circuit Court of Appeals decided the merits of petitioner's self-defense claim without jurisdiction and is i… |
| 18-7936 |
Jaquan Henderson v. Greg Skipper, Warden |
Sixth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
affirmative-defense constitutional-law criminal-law criminal-procedure duress legal-justification murder statutory-interpretation |
WHETHER DURESS IS AN AFFIRMATIVE DEFENSE PRIOR TO AN OCCURRENCE OF MURDER? |
| 18-7937 |
Jaques J. Sullivan v. Scott Lewis, Warden |
Fourth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
civil-procedure conflict-of-interest constitutional-rights criminal-procedure dementia due-process fourteenth-amendment ineffective-assistance-of-counsel legal-malpractice sixth-amendment standing |
Did the lower courts err in dismissing the petitioner's claim of actual conflict of interest due to trial counsel's dementia, which resulted in ineffe… |
| 18-7941 |
Trevor Little v. United States |
Fourth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process ex-post-facto ex-post-facto-clause restitution sentencing statute-of-limitations statutory-interpretation |
Did the lower courts' Fourth Circuit violate the Ex Post Facto Clause of the United States Constitution Article I, Section 9, Clause 3, when it still … |
| 18-7944 |
Jerkeno Wallace v. United States |
Second Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure defendant-rights due-process evidence judicial-discretion non-testifying-defendant remorse remorse-consideration right-to-silence sentencing sentencing-error |
Was there an error by the court at sentencing when court considered observations of the non-testifying defendant as basis of proving no remorse |
| 18-7945 |
Carl Allen Watts v. Michigan |
Michigan |
2019-02-13 |
Denied |
Relisted (2)IFP |
appeal appeals appellate-review civil-rights constitutional-question criminal-procedure double-jeopardy due-process equal-protection judicial-bias legal-standard michigan-court-of-appeals procedural-conflict standing |
Whether the Michigan Court of Appeals decision to reversed and remanded for a new trial in two similarly situated cases as petitioner's case, conflict… |
| 18-7947 |
Tyrone Garden v. Massachusetts |
Massachusetts |
2019-02-13 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington |
Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty, did Garden have the… |
| 18-7948 |
Cesar Carapia Hernandez v. United States |
Fifth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-7949 |
In Re Reginald Watson |
|
2019-02-13 |
Denied |
Response WaivedIFP |
2241-motion career-offender civil-rights criminal-procedure district-court-jurisdiction due-process habeas-corpus habeas-corpus-2241 jurisdiction sentencing standard-of-review standing statutory-interpretation supreme-court-precedent |
Whether the District Court erred in dismissing Watson's 2241 motion for lack of jurisdiction? |
| 18-7950 |
Marquette Walker v. United States |
Sixth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
4th-amendment constructive-possession criminal-law criminal-procedure due-process evidence evidence-law premises-liability search-and-seizure |
Does nonexclusive possession of a premises serve to establish constructive possession of items found within the premises? |
| 18-7926 |
Hubert Babb v. Clara Smith, et al. |
Eleventh Circuit |
2019-02-12 |
Denied |
IFP |
appeals civil-rights constitutional-rights criminal-procedure criminal-prosecution determinative-motive due-process equal-protection jury-selection racial-discrimination sentencing |
Whether indigent and/or pro se defendants in criminal prosecutions have constitutional protection from the presence of socioeconomic discrimination as… |
| 18-7927 |
Tyrone Anderson v. United States |
Eighth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
career-offender career-offender-enhancement criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment strickland-standard strickland-v-washington townsend-v-burke |
Whether trial counsel provided ineffective assistance of counsel as required by the Sixth Amendment |
| 18-7928 |
Gilbert Carrasco v. United States |
Ninth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
abney-rule appeal bail bail-denial criminal-procedure district-court-jurisdiction double-jeopardy due-process habeas-corpus jurisdiction notice-of-appeal |
Was U.S. District Court, (S.D. Cal.) divested of jurisdiction because of Abney-rule |
| 18-7932 |
Dale Allen Hamer v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-12 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights court-record criminal-procedure due-process judicial-review plea-bargaining pre-trial-hearing sentencing transcript warrant-review |
Whether the lower courts erred in denying petitioner's request to review the court records, transcripts, and findings related to his conviction and se… |
| 18-7934 |
Seaun Llwellyn Farthing v. Dara Watson, Warden |
Fourth Circuit |
2019-02-12 |
Denied |
Relisted (2)IFP |
criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony |
Was trial counsel ineffective for failing to prevent prosecutorial misconduct? |
| 18-1054 |
Jason Allen Jackson v. United States |
Eighth Circuit |
2019-02-12 |
Denied |
|
admissibility circuit-split criminal-procedure criminal-prosecution drug-crimes drug-possession due-process evidence evidence-admissibility knowledge-intent prior-conviction prior-convictions |
Whether the mere fact of a prior drug possession conviction is admissible to show knowledge and intent in a subsequent drug distribution prosecution |
| 18-7904 |
Spassky Alcequiecz v. Kelly A. Ryan, Warden |
First Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel manslaughter manslaughter-instruction sixth-amendment |
Whether the petitioner was denied his constitutional right to a fair trial, due to ineffective assistance of counsel |
| 18-7905 |
Christopher A. Hall v. United States |
Fourth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indiana-v-edwards medical-condition medical-resuscitation medication mental-competency pro-se-representation self-representation |
Does a higher standard exist for measuring competency to represent oneself at trial, than for competency to stand trial |
| 18-7918 |
Rutilio Hernandez v. United States |
Fifth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3553(a) 18-usc-3553a 18-usc-924 abuse-of-discretion constitutional-law criminal-procedure district-court district-court-discretion sentence-reduction sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error sufficient-but-not-greater-than-necessary |
Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w… |
| 18-7920 |
Harold A. Habeck, II v. United States |
Fourth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
consecutive-sentences criminal-procedure criminal-procedure,sentencing,mandatory-minimums,d criminal-sentencing discretion drug-offense drug-offenses firearms mandatory-minimum mandatory-minimums predicate-crime sentencing-discretion statutory-interpretation |
Whether the district court has discretion to consider less than the mandatory sixty month consecutive sentence for a predicate drug offense under 21 U… |
| 18-7922 |
Thomas Isaac LaFleur v. United States |
Eleventh Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure eleventh-circuit federal-registration firearm-definition national-firearms-act second-amendment staples-v-united-states statutory-interpretation subject-matter-jurisdiction united-states-v-freed weapon-classification |
Did the Eleventh Circuit Court of Appeals error in denying the Petitioner's Subject-Matter Jurisdiction claim |
| 18-7873 |
Troy Sierra v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-02-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial false-testimony ineffective-assistance-of-counsel ineffective-counsel right-to-counsel rights-advisement sixth-amendment |
Why were Petitioner's Fifth, Sixth, and Fourteenth Amendment rights violated? |
| 18-7877 |
Lester Roger Decker v. United States |
Ninth Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
attorney-performance constitutional-law constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sixth-amendment |
Was defendant's attorney's role to fulfill his advisory position to his client ineffective, thus violating client's right to Due Process? |
| 18-7879 |
Clayton D. Colkley v. Maryland |
Maryland |
2019-02-11 |
Denied |
IFP |
5th-amendment appeal appeals appellate-review constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process jurisdiction motion-to-dismiss trial-court trial-court-jurisdiction |
Did the court of special appeals of maryland err in affirming trial court's denial of defendant's motion to dismiss on the ground of double-jeopardy? |
| 18-7880 |
Terrance Jerome Clarke v. United States |
Eleventh Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias mental-health plea-bargaining right-to-counsel |
Were the charges filed at the same time and no other firearm was involved during the offense? |
| 18-7884 |
Paula Villalva-Patricio v. United States |
Fifth Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance-of-counsel pertinent-information right-to-testify sixth-amendment testify translation-of-proceedings |
Whether the Defendant received ineffective assistance of counsel when Appellant wished to testify or otherwise introduce pertinent information and her… |
| 18-7885 |
Christopher VanGuilder v. Daniel Martuscello, Superintendent, Coxsackie Correctional Facility |
Second Circuit |
2019-02-11 |
Denied |
Response WaivedRelisted (2)IFP |
conflict-of-interest criminal-procedure due-process entrapment-defense grand-jury ineffective-assistance ineffective-assistance-of-counsel prejudicial-testimony right-to-counsel sixth-amendment supplemental-instructions supplemental-jury-instructions |
Whether United States District Second Circuit Court Of Appeals and or said Lower Court's Erred in Failing to grant Petitioner's Ineffective Assistance… |
| 18-7886 |
Akeen Ocean v. United States |
First Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure deliberate-elicitation government-informant informant-testimony massiah-doctrine massiah-v-united-states post-indictment-rights right-to-counsel sixth-amendment |
Does 'deliberate elicitation' for purposes of Massiah v. United States occur only in cases where the government has expressly directed its informant t… |
| 18-7888 |
Furn-Lee Salomon v. Patrick Nogan, Administrator, East Jersey State Prison, et al. |
Third Circuit |
2019-02-11 |
Denied |
IFP |
constitutional-safeguards criminal-procedure cumulative-error due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel passport-fraud pre-trial-investigation prejudicial-testimony pretrial-investigation strategic-decision strickland-standard strickland-v-washington trial-counsel witness-testimony |
Was trial counsel ineffective? |
| 18-7900 |
Jorge Ernesto Blanco-Rodriguez v. United States |
Fifth Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal guilty-plea immigration-consequences ineffective-assistance ineffective-assistance-of-counsel non-citizen-defendant padilla-v-kentucky plea-bargaining plea-colloquy supervisory-power |
Whether a trial court commits error when it takes a guilty plea from a criminal defendant when the trial court is on specific notice that defense coun… |
| 18-1046 |
Virginia Callahan, et al. v. Pacific Cycle, Inc. |
Fourth Circuit |
2019-02-11 |
Denied |
Response Waived |
abuse-of-discretion appellate-review circuit-court-split circuit-split civil-procedure de-novo-review evidence evidence-admissibility evidentiary-ruling hearsay hearsay-evidence judicial-discretion standard-of-review |
Standard-of-review-for-hearsay-rulings |
| 18-1049 |
Peter M. Hoffman, et al. v. United States |
Fifth Circuit |
2019-02-11 |
Denied |
Amici (3) |
criminal-law-fraud criminal-procedure criminal-procedure-acquittal criminal-procedure-burden-of-proof criminal-procedure-sufficiency-of-evidence due-process evidence evidentiary-standard jackson-v-virginia judgment-of-acquittal mail-fraud prosecutorial-burden regulatory-ambiguity standard-of-review sufficiency-of-evidence wire-fraud |
Whether a federal court must grant a motion for judgment of acquittal when, construing the evidence in the light most favorable to the government, evi… |
| 18-1052 |
Zenaido Renteria, Jr. v. United States |
Third Circuit |
2019-02-11 |
Denied |
|
article-iii circuit-split constitutional-interpretation constitutional-rights continuing-offenses criminal-procedure criminal-venue due-process reasonable-foreseeability sixth-amendment |
Whether the Constitution limits venue in criminal trials to those places where the defendant could reasonably foresee that an overt act would occur |
| 18-1043 |
Adam Clayton Zilm v. Oklahoma |
Oklahoma |
2019-02-08 |
Denied |
Response RequestedRelisted (2) |
burden-of-proof coerced-testimony criminal-procedure due-process false-testimony napue-standard napue-v-illinois recantation reliability-hearing witness-coercion |
Conviction of child sex abuse challenged on due process grounds for use of coerced testimony at trial |
| 18-7822 |
Meryl S. McDonald v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-02-08 |
Denied |
IFP |
14th-amendment criminal-procedure criminal-procedure-jurisdiction due-process habeas-corpus jurisdiction jurisdictional-fact postconviction-counsel pro-se-filing standing voir-dire |
Whether the voir dire examination oath provision of Rules 3.191 and 3.300(a) of the Florida Rules of Criminal Procedure is a jurisdictional fact |
| 18-7855 |
Barry Glenn Thunder v. Douglas Weber, Warden |
Eighth Circuit |
2019-02-08 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence false-accusation ineffective-assistance-of-counsel standing |
Why was the petitioner arrested on a forensic charge when the videos clearly show the victim's right hand that is clearly seen in the videos to prove … |
| 18-7857 |
Calvin Raymond Jones v. United States |
Sixth Circuit |
2019-02-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split civil-procedure civil-rights constitutional-concerns courts-of-appeals criminal-procedure due-process retribution sentencing supervised-release |
Whether a district court commits reversible error by imposing a sentence for a supervised release violation for the purpose of retribution |
| 18-7859 |
Frank D. Monsegue, Sr. v. United States |
Eleventh Circuit |
2019-02-08 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-procedure criminal-procedure-defects due-process federal-jurisdiction federal-rules-of-criminal-procedure plea-agreement standing subpoena warrantless-arrest |
Whether defective summons/subpoena (without authorizing authority, name or signature) attached herein render the indictment defective? |
| 18-7860 |
Timothy L. Barnes v. Michigan |
Michigan |
2019-02-08 |
Denied |
IFP |
collateral-review constitutional-law criminal-procedure due-process fourteenth-amendment jury-finding mandatory-minimum retroactivity sixth-amendment substantive-rule watershed-rule |
Does the Alleyne rule apply retroactively on collateral review? |
| 18-7861 |
Gary Don Boyd Graves v. United States |
Fifth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
18-usc-3014 criminal-procedure district-court district-court-discretion future-earning-capacity future-earnings indigency mandatory-assessment mandatory-special-assessment non-indigent sentencing statutory-interpretation |
Whether district courts can consider future earning capacity in determining whether a person is 'non-indigent' for the purposes of assessing the $5000… |
| 18-7862 |
Vincent Beatty, aka Jamaal Beatty, aka Vincent Daward Beatty, aka Mozzi v. United States |
Fourth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
abuse-of-discretion advisory-guidelines criminal-history criminal-procedure criminal-sentencing felon-in-possession reasonableness reasonableness-review sentencing-guidelines sentencing-variance sua-sponte upward-variance |
Whether a sua sponte upward variance sentence is reasonable where the advisory Guideline range accurately reflected the defendant's conduct and prior … |
| 18-7864 |
Prince Charles Cotton, Sr. v. Ghae Harris, Warden |
Ohio |
2019-02-08 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process equal-protection habeas-corpus illegal-confinement imprisonment ohio-law parole sentencing sentencing-entry standing supreme-court-ruling |
Is it Lawful, For The State Of Ohio to Hold The Herein Petitioner In Illegal Confinement, 'Under' Statutes That: The ' United States Supreme Court Has… |
| 18-7870 |
Jeremiah W. Balik v. United States |
Ninth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
14th-amendment 4th-amendment 6th-amendment armed-forces-status civil-rights criminal-procedure due-process interlocutory-appeal judicial-bias judicial-review removal removal-jurisdiction sixth-amendment |
Whether harmful legal error occurred in the lower court proceedings |
| 18-7875 |
Lionel Cannon, aka Cannon v. United States |
Third Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
carpenter-precedent carpenter-v-united-states criminal-procedure fourth-amendment franks-hearing law-enforcement search-and-seizure vehicle-search warrant-requirement warrantless-search wiretaps |
Was Cannon denied his Fourth Amendment rights? |
| 18-7876 |
Jordie L. Callahan v. United States |
Sixth Circuit |
2019-02-08 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment competency-hearing criminal-procedure criminal-proceedings direct-appeal due-process effective-assistance-counsel effective-assistance-of-counsel mental-capacity mental-competency mental-evaluation sixth-amendment |
Whether a Mentally Deficient Defendant is Entitled to a Competency Hearing or Mental Evaluation |
| 18-7770 |
Michael Paul Bradley v. Georgia |
Georgia |
2019-02-07 |
Denied |
Response WaivedIFP |
appeals confrontation-clause constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction right-to-counsel sixth-amendment |
Whether the Petitioner's conviction should be overturned due to procedural errors in the trial court |
| 18-7788 |
Sunny Robinson v. United States |
Fifth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
appeal appellate-review compassionate-release criminal-justice criminal-procedure district-court-discretion due-process federal-sentencing judicial-discretion sentence-reduction sentencing statutory-interpretation |
Whether the District Court and the Fifth Circuit erred in not granting relief under Title 18 U.S.C. § 3582 |
| 18-7802 |
Michael Hopson v. United States |
Fourth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
aid-of-racketeering attempted-murder constitutional-claims criminal-intent criminal-procedure due-process fifth-amendment fourteenth-amendment fourth-circuit insufficient-evidence murder pattern-of-racketeering racketeering-conspiracy |
Whether the evidence was insufficient to convict the petitioner of racketeering conspiracy and murder/attempted murder in aid of racketeering |
| 18-7804 |
Denandias Watson v. United States |
Eleventh Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
armed-career-criminal-act burden-of-proof collateral-review criminal-procedure due-process residual-clause retroactivity sentencing sentencing-enhancement statutory-interpretation |
Whether a § 2255 defendant may prove that his ACCA-enhanced or § 3559(c)-enhanced sentence was based on the now-unconstitutional residual clause throu… |
| 18-7811 |
Ronald Bishop Thompson v. Noah Nagy, Warden |
Sixth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
cell-phone-testimony cell-site-location cell-site-location-information criminal-procedure fourth-amendment fourth-amendment-search ineffective-assistance ineffective-assistance-of-counsel search-and-seizure stored-communications-act warrant-requirement |
Did trial counsel perform ineffectively at Petitioner's second trial |
| 18-7812 |
Raheem Wilcox v. New Jersey |
New Jersey |
2019-02-07 |
Denied |
Response WaivedIFP |
adverse-inference adverse-inference-charge civil-rights criminal-procedure criminal-procedure-discovery-rule-3:13-3 discovery discovery-rule due-process evidence new-trial-factual-predicate new-trial-standard post-conviction-relief pre-indictment-destruction pre-indictment-destruction-of-evidence retroactive-application teague-v-lane |
Whether the New Jersey Supreme Court's decision in State v. W.B should be retroactively applied to the petitioner's case |
| 18-7818 |
Marcos Castaneda v. United States |
Seventh Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-procedure drug-offense due-process judicial-finding jury-trial mandatory-minimum preponderance-of-evidence preponderance-of-the-evidence sentencing sentencing-guidelines |
Whether a district court commits procedural error by basing its sentencing guideline calculation on a discretionary judicial finding by a preponderanc… |
| 18-7820 |
Kelly Winton Pierce v. Erik Hooks |
Fourth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights criminal-conviction criminal-procedure due-process essential-element jury-instructions sex-offender sex-offender-registration |
Whether a criminal defendant's jury trial was fundamentally violated due to the trial judge's jury instructions that changed and expanded the definiti… |
| 18-7821 |
Darryl Mixon v. Mississippi |
Mississippi |
2019-02-07 |
Denied |
Response WaivedIFP |
actual-innocence civil-procedure criminal-conviction criminal-procedure due-process eighth-amendment formal-complaint jurisdiction jurisdiction-over-persons jurisdiction-over-subject-matter procedural-defect sentencing standing subject-matter |
Whether the trial court lacked jurisdiction over the persons and the subject matter of this cause, in absence of a signed formal complaint? |
| 18-7825 |
Trevonte Jenkins v. Ohio |
Ohio |
2019-02-07 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-law constitutional-rights criminal-procedure due-process fair-trial flawed-process identification in-court-identification state-witness witness-testimony |
Is a petitioner denied due process of law and a fair trial when identification was at issue at trial and there was a flawed process related to a first… |
| 18-7826 |
Curtis R. Leachman v. Thomas Winn, Warden |
Sixth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-determination jury-instruction jury-instructions michigan-self-defense-act psychological-expert self-defense self-defense-statute |
Was petitioner denied the right to compulsory process when the trial court failed to grant funds for a psychological expert to aide the jury in determ… |
| 18-7828 |
Robert Largo v. New York |
New York |
2019-02-07 |
Denied |
IFP |
criminal-procedure criminal-procedure-law-section-440.10 due-process ineffective-assistance-of-counsel penal-law-section-70.02 persistent-violent-felony sentencing void-for-vagueness |
Did the New York State Supreme Court err in holding that, as-applied, the part of Penal Law Section 70.02, Subdivision one (c) challenged as void-for-… |
| 18-7831 |
Curt Lockett v. Florida |
Florida |
2019-02-07 |
Denied |
Response WaivedIFP |
access-to-courts appeals civil-procedure civil-rights criminal-procedure due-process habeas-corpus mandamus sentencing standing |
Should a circuit court be legally bound to hear a petitioner's motion to correct an illegal sentence after the petitioner has been barred from that co… |
| 18-7832 |
Jason Lee Harris v. Karen A. Mullins, Judge, Superior Court of Arizona, Maricopa County, et al. |
Ninth Circuit |
2019-02-07 |
Denied |
IFP |
access-to-courts appellate-review civil-rights constitutional-interpretation criminal-procedure due-process federal-law first-amendment in-forma-pauperis ninth-circuit sentencing-guidelines service-of-process standing |
Did the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit err in barring the grant of in forma paupe… |
| 18-7834 |
Brent William Bogseth v. Michigan |
Michigan |
2019-02-07 |
Denied |
IFP |
14th-amendment 5th-amendment closing-argument constitutional-rights criminal-procedure deliberation due-process evidence fair-trial fifth-amendment murder premeditation prosecutorial-misconduct self-incrimination |
Whether the lack of evidence to show the defendant actually committed the offense of murder means premeditation and deliberation cannot exist, or if t… |
| 18-7835 |
Iouri Mikhel v. United States |
Ninth Circuit |
2019-02-07 |
Denied |
IFP |
burden-of-proof competency competency-hearing criminal-procedure death-penalty due-process federal-criminal-procedure federal-judiciary hostage-taking judicial-discretion mental-health recusal standard-of-proof treaty-power trial-procedure |
Where significant evidence of competency is susceptible to conflicting inferences, what standard of proof is required for a competency hearing and wha… |
| 18-7844 |
Malcolm Jarrel Hartley v. United States |
Fourth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
2nd-amendment civil-procedure civil-rights criminal-procedure due-process free-speech standing statutory-interpretation takings |
Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing petitioner's claims challenging the constitutionality of the fed… |
| 18-7846 |
Reginald Hough v. United States |
Sixth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
4th-amendment confrontation-clause evidence expert-testimony fifth-amendment lay-witness police-procedure probable-cause search-warrant totality-of-circumstances |
Was there probable cause for the search warrant? |
| 18-7847 |
Ronell Howlett v. Reed Richardson, Warden |
Seventh Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process federal-court-review federal-review habeas-corpus habeas-corpus-28-usc-2254 procedural-bar rape-shield-law right-to-present-defense state-court state-court-review |
Is a federal court permitted/required to review a state court's reliance on a procedural bar, when a petitioner claims the application of the facts do… |
| 18-7776 |
Miguel Angel Olvera-Cruz v. United States |
Fifth Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
8-usc-1326 apprendi-v-new-jersey criminal-procedure due-process prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-7781 |
Juan Ramone Lopez v. Jeff Noble, Warden |
Ohio |
2019-02-06 |
Denied |
Response WaivedIFP |
age-misrepresentation age-misrepresentation-at-arrest age-of-majority birth-certificate birth-date-verification civil-rights constitutional-privilege criminal-procedure due-process evidence foreign-national habeas-corpus juvenile-offender standing state-courts |
Whether a person's misrepresentation of his age at the time of arrest or the person's birth date in a court of law should be considered |
| 18-7782 |
James E. Mason, Jr. v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-06 |
Denied |
IFP |
batson-challenge batson-challenges burden-of-proof confrontation confrontation-clause constitutional-rights criminal-procedure due-process impeached-testimony ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence jury-instructions jury-selection race-neutral-challenges |
Whether the State obtained Mr. Mason's conviction with insufficient evidence |
| 18-7786 |
Roy Shotwell v. Kevin Genovese, Warden |
Sixth Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights criminal-procedure critical-stage dna-analysis dna-evidence dna-testing due-process effective-assistance ineffective-assistance-of-counsel procedural-due-process prosecutorial-misconduct sixth-amendment standing warrantless-seizure |
Whether the Tennessee courts abused their discretion in denying Petitioner's DNA and post-conviction relief |
| 18-7795 |
Markus D. Lanieux v. Louisiana |
Louisiana |
2019-02-06 |
Denied |
Response WaivedIFP |
Blakely Blakely-v-Washington Booker Booker-v-United-States criminal-procedure due-process habitual-offender habitual-offender-law jury-trial mandatory-minimum-sentence reasonable-doubt sentencing sentencing-enhancement sixth-amendment |
Whether the sentencing scheme under Louisiana's Habitual Offender Law is subject to the jury requirements of the Sixth Amendment |
| 18-7800 |
Rene Antonio Aguilar v. United States |
Ninth Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
circuit-split criminal-justice criminal-procedure due-process federal-courts federal-criminal-justice procedural-obligations rita-standard rita-v-united-states sentencing sentencing-arguments |
Can a district court at sentencing fail to respond to a party's non-frivolous sentencing arguments? |
| 18-7801 |
Calvin Fitzgerald Tannehill v. United States |
Eleventh Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
armed-career-criminal-act certificate-of-appealability criminal-procedure habeas-corpus johnson-precedent johnson-v-united-states residual-clause section-2255 sentencing sentencing-enhancement |
Whether the Eleventh Circuit misapplied this Court's precedents by denying a certificate of appealability on whether Mr. Tannehill's § 2255 claim reli… |
| 18-7753 |
Joel Marvin Munt v. Minnesota |
Minnesota |
2019-02-05 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy due-process judicial-review rules-of-construction separation-of-powers statutory-interpretation |
Did MN Supreme Court violate Separation of Powers? |
| 18-7764 |
Marcellus French v. Illinois |
Illinois |
2019-02-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review civil-rights criminal-procedure due-process evidence judicial-error standard-of-review |
Did the appellate court abuse its discretion in finding that the evidence of prior acts was admissible and justified according to FRE 404(b), when the… |
| 18-7766 |
Rishawn Lamar Reeder v. Cecelia Reynolds, Warden |
Fourth Circuit |
2019-02-05 |
Denied |
Response WaivedRelisted (2)IFP |
alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony |
Did the court err in finding trial counsel ineffective |
| 18-7772 |
Antonio Franklin v. Ohio |
Ohio |
2019-02-05 |
Denied |
IFP |
capital-punishment civil-rights constitutional-rights criminal-procedure due-process effective-counsel execution-date habeas-corpus right-to-counsel |
Is the right to effective representation critical during which time the State moves for an execution date? |
| 18-7773 |
Jose Jorge Espinoza-Mendoza v. United States |
Fifth Circuit |
2019-02-05 |
Denied |
Response WaivedIFP |
alien-smuggling appellate-review criminal-appeal criminal-law criminal-procedure due-process fifth-circuit-review guidelines-interpretation immigration risk-assessment sentencing-enhancement standard-of-review stare-decisis statutory-interpretation |
whether-the-sentencing-enhancement-under-u.s.s.g.-§-2l1.1(b)(6)-was-properly-applied |
| 18-7777 |
In Re Jaron Brice |
|
2019-02-05 |
Dismissed |
Response WaivedIFP |
appeals civil-rights criminal-procedure due-process federal-courts federal-jurisdiction habeas-corpus standing |
Whether the U.S. Court of Appeals for the Fourth Circuit erred in denying habeas corpus relief to the petitioner |
| 18-7778 |
Mikhail Zemlyansky v. United States |
Second Circuit |
2019-02-05 |
Denied |
Response WaivedIFP |
collateral-estoppel criminal-procedure double-jeopardy evidence-reintroduction health-care-fraud jury-acquittal jury-trial prosecutorial-strategy RICO rico-conspiracy |
Whether the district court violated the collateral estoppel component of the double-jeopardy clause by allowing the government to reintroduce its enti… |
| 18-1021 |
Travis Hawkins v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-02-05 |
Denied |
Response Waived |
appellate-review criminal-procedure due-process federal-court federal-courts habeas-corpus judicial-review preservation-of-error public-trial state-court state-court-decision state-courts |
Whether an objection is required to preserve appellate review for an alleged public trial violation |
| 18-1022 |
Julius Jerome Murphy v. Texas |
Texas |
2019-02-05 |
Denied |
|
brady-v-maryland brady-violation criminal-procedure death-penalty due-process eighth-amendment habeas-corpus witness-testimony |
Whether the State's failure to disclose threats and promises made to witnesses violated due process |
| 18-1016 |
Lloyd Gene Beam v. Michigan |
Michigan |
2019-02-04 |
Denied |
Response Waived |
collateral-review criminal-procedure due-process federal-constitution judicial-impartiality judicial-impartiality-standard-retroactivity montgomery-v-louisiana retroactive-application state-collateral-review teague-retroactivity teague-v-lane watershed-rule watershed-rules |
Was the new standard from People v. Stevens a decision by the Michigan Supreme Court interpreting the federal Constitution? |
| 18-7733 |
Tyrone Justin Cowan v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-02-04 |
Denied |
IFP |
appeals certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel miranda-rights ninth-circuit right-to-counsel |
Did the Court of Appeals err in denying a certificate of appealability and in evaluating petitioner's claims |
| 18-7734 |
Joe Willie Cannon v. Iowa District Court, Des Moines County |
Iowa |
2019-02-04 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment |
Did the State of Iowa violate the petitioner's 5th, 6th, & 14th Amendment confrontation and due process rights to be present during a critical stage o… |
| 18-7737 |
Tyshawn Simmons v. United States |
Second Circuit |
2019-02-04 |
Denied |
Response WaivedIFP |
constitutional-law controlled-substances-act criminal-procedure drug-crimes due-process federalism sentencing standing statutory-interpretation tenth-amendment |
Whether the Controlled Substances Act's prohibition on the distribution of marijuana violates the Due Process Clause and the Tenth Amendment |
| 18-7739 |
Gonzalo Holguin-Hernandez v. United States |
Fifth Circuit |
2019-02-04 |
Judgment Issued |
Amici (3)Response RequestedResponse WaivedRelisted (4)IFP |
appellate-review criminal-procedure due-process judicial-review jurisdiction objection procedural-requirement reasonableness reasonableness-standard sentencing |
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sente… |
| 18-7746 |
Joseph Davis v. United States |
First Circuit |
2019-02-04 |
Denied |
Response WaivedIFP |
thereby rendering the use of evidence uncovered d constitutional-rights criminal-procedure evidence florida-v-wells fourth-amendment inventory-search probable-cause ruse search-and-seizure |
Whether errors in an inventory search report are indicative of a 'ruse' under Florida v. Wells, thereby rendering the use of evidence uncovered during… |
| 18-7754 |
In Re Archie Cabello |
|
2019-02-04 |
Denied |
Response WaivedIFP |
case-law criminal-procedure judicial-discretion legal-procedure pleadings right-to-counsel right-to-self-representation rule-11 self-representation |
Does a trial judge have a duty to protect a defendant's right to counsel of choice? |
| 18-7756 |
Roscoe Chambers v. Nicholas Sarcone |
Eighth Circuit |
2019-02-04 |
Denied |
Response WaivedRelisted (2)IFP |
2nd-amendment 6th-amendment civil-procedure civil-rights criminal-procedure due-process jurisdiction jury-selection public-trial standing |
Whether the Sixth Amendment right to a public trial applies to a criminal defendant's exclusion from the courtroom during jury selection |
| 18-7757 |
William Davenport v. James Falk, Warden, et al. |
Tenth Circuit |
2019-02-04 |
Denied |
IFP |
criminal-procedure dna dna-evidence dna-testing due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel res-gestae witness-identification |
Whether trial court erred in admitting evidence of DNA testing from mixed samples |
| 18-7616 |
Rodrigo Tovar Pupo v. United States |
District of Columbia |
2019-02-01 |
Denied |
Response WaivedIFP |
appeal constitutional-issue constitutional-issues criminal-appeal criminal-procedure criminal-procedure-appeal district-court due-process guilty-plea ineffective-assistance-of-counsel offense-enhancement plea-bargaining sentencing-enhancement sentencing-guidelines |
If Appeals Court erred by not considering the grounds raised by Appellant and denying his appeal disregarding the Constitutional issues raised by Appe… |
| 18-7710 |
Jose Garcia Mejia v. Shawn Hatton, Warden |
Ninth Circuit |
2019-02-01 |
Denied |
IFP |
14th-amendment 5th-amendment administrative-processing aedpa constitutional-rights criminal-procedure due-process habeas-corpus plea-bargaining procedural-error |
Were Petitioner's constitutional Rights violated during trial? |
| 18-7715 |
Jose Flores v. United States |
Fifth Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion drug-quantity due-process federal-rules-of-criminal-procedure minor-role minor-role-reduction plea-bargaining plea-colloquy rule-11 sentencing sentencing-guidelines standard-of-review ussg-3b1.2 |
Was the District Court's failure to determine a factual basis, and to insure that defendant understood the nature of the charges, in violation of Rule… |
| 18-7716 |
Jesse Ingram, Jr. v. United States |
Eleventh Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
3553(a)-factors 5th-amendment appeal appellate-counsel constitutional-violation criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel retroactive-review retroactivity sentencing sentencing-guidelines statutory-interpretation |
Is it a Fifth Amendment violation when Petitioners are sentenced to a higher guideline sentence when 18 U.S.C. statute 3553(A) warrants a below guidel… |
| 18-7717 |
Byrion Demeco Ferguson v. United States |
Fifth Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
1B1.3 amendment appellate-review constitutional criminal-procedure evidence judicial-discretion plain-error sentencing-guidelines u.s-sentencing-commission u.s.-sentencing-commission |
Whether the trial court committed plain error by admitting insufficient evidence applied by the pre-amendment 1B1.3 version of the U.S. Sentencing Gui… |
| 18-7719 |
Cesar Gomez v. Texas |
Texas |
2019-02-01 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment civil-rights constitutional-challenge criminal-procedure due-process evidence-admissibility ineffective-assistance sixth-amendment-rights standing texas-penal-code |
Whether Texas Penal Code § 21.02, is Constitutional under the Fifth, Sixth, and Fourteenth Amendment of the United States Constitution? |
| 18-7721 |
Laron Darrell Carter, aka Birdd, aka Gardena Pimpin Birdd, aka Garr Birdd, aka Pi Birdd, aka Pi Pimpin Birdd v. United States |
Ninth Circuit |
2019-02-01 |
Denied |
Relisted (2)IFP |
criminal-procedure double-jeopardy dual-sovereignty-doctrine federal-prosecution prejudice prejudice-showing rule-48(b) rule-48b separate-sovereign-doctrine separate-sovereign-exception state-prosecution |
What type of prejudice showing is required to obtain dismissal under Fed. R. Crim. P. 48(b) for delayed federal prosecution after state conviction? |
| 18-7727 |
Gregory Hatt v. United States |
Fourth Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea heroin-distribution ineffective-assistance ineffective-assistance-of-counsel medical-causation plea-bargaining sentencing sixth-amendment |
Whether failure to convey unbiased, complete, or correct information to a defendant during plea bargaining by defense counsel invalidates a guilty ple… |
| 18-7730 |
Clark Derrick Frazier v. Randy Lee, Warden |
Tennessee |
2019-02-01 |
Denied |
Response WaivedIFP |
35-usc-101 civil-procedure due-process patent standing takings civil-rights criminal-procedure due-process equal-protection standing takings |
Whether the petitioner's constitutional rights were violated by the state's actions |
| 18-1006 |
Michael Kevin Adams v. Texas |
Texas |
2019-02-01 |
Denied |
Response Waived |
4th-amendment 5th-amendment 6th-amendment civil-rights community-caretaking criminal-procedure fourth-amendment impoundment interrogation law-enforcement minor-offense probable-cause search-and-seizure traffic-stop vehicle-impoundment vehicle-search |
Michael-Kevin-Adams |
| 18-7690 |
Thomas Phillip Bell v. Kiah Demarias Leigh, et al. |
Eighth Circuit |
2019-01-31 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection judicial-review mental-competency record-correction sentencing standing |
Whether the court should consider the petitioner's case as seriously as other cases involving civil rights or due process violations |
| 18-7692 |
Byron Anthony Horn v. United States |
Fifth Circuit |
2019-01-31 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure criminal-sentencing due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining pleading reasonable-doubt reasonable-sentence sentencing statutory-interpretation |
Whether facts that alter the range of 'reasonable' federal sentences must be pleaded in the indictment in federal cases? |
| 18-7694 |
Raymond Crespo v. New York |
New York |
2019-01-31 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal criminal-procedure defendant-rights due-process faretta-v-california judicial-discretion legal-timeliness pro-se-representation right-to-counsel right-to-self-representation self-representation timeliness |
How soon in the criminal proceeding must a defendant decide between proceeding by counsel or pro se? |
| 18-7697 |
Duane Yates v. Iowa |
Iowa |
2019-01-31 |
Dismissed |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection fourteenth-amendment postconviction prison-discipline self-defense sixth-amendment whether-inmates-who-file-a-postconviction-under-io |
Whether inmates who file a postconviction under lowa Code 822 in the lowa District Court's are denied the equal protection of law under the Sixth and … |
| 18-7698 |
Lawrence Andrew Ingram v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-31 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights contemporaneous-objection criminal-procedure criminal-procedure-appeal-evidence-waiver-contempo definitive-ruling evidence habeas-corpus ineffective-assistance trial-procedure waiver |
Does trial counsel waive a defendant's right to appellate review of an erroneous ruling on evidence if counsel chooses not to object to the ruling whe… |
| 18-7699 |
Facundo Ruiz-Ruiz v. United States |
Fifth Circuit |
2019-01-31 |
Denied |
Response WaivedIFP |
almendarez-torres constitutional-law criminal-procedure due-process recidivism sentencing sixth-amendment supreme-court |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 18-7617 |
Talbert Hinton v. New Jersey |
New Jersey |
2019-01-30 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process free-speech sentencing standing takings |
Whether the court erred in dismissing the petitioner's claims |
| 18-7619 |
Michael Scott Morris v. United States |
Tenth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment coercion consent criminal-procedure due-process fourth-amendment police-coercion probable-cause search-and-seizure voluntary-consent warrant-requirement |
Is consent to search a home freely and voluntarily given when police threaten arrest and jail if they are required to obtain a search warrant? |
| 18-7641 |
Arturo Huerta v. Ron Davis, Warden |
Ninth Circuit |
2019-01-30 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process evidence jury-instructions sentencing |
Whether the natural and probable consequences of a criminal act can support a conviction for second-degree murder under the 'natural and probable cons… |
| 18-7655 |
Michael R. Spengler v. Superior Court of California, Los Angeles County, et al. |
Ninth Circuit |
2019-01-30 |
Denied |
IFP |
6th-amendment appellate-standard civil-rights coercion constitutional-review criminal-procedure due-process miranda-warnings police-lineup undercover-operations witness-identification |
Whether the widespread policy of the L.A. Superior Court and the L.A. Sheriff's Department, known as the Perkins Operation, which allows undercover ag… |
| 18-7662 |
Nolan Lewis v. United States |
Ninth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing |
Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in faili… |
| 18-7668 |
Patricio Paladin v. United States |
First Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states apprendi-doctrine apprendi-v-new-jersey constitutional-element criminal-procedure due-process jury-trial jury-trial-guarantee prior-conviction sentencing sentencing-enhancement sentencing-enhancements |
Whether the contested fact of prior conviction entering into the sentence to increase a defendant's penalty for the instant offense, must be treated a… |
| 18-7669 |
Bertulio Moreno-Alvarez v. United States |
Fifth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
2nd-amendment 5th-amendment criminal-law criminal-procedure due-process equal-protection fifth-amendment firearms second-amendment standing statutory-interpretation |
Whether a conviction under 18 U.S.C. § 922(g)(5) violates the Second and Fifth Amendments? |
| 18-7678 |
Alfonso Hernandez v. United States |
Ninth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
client-attorney-relationship client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance motion-to-dismiss sixth-amendment sixth-amendment-right-to-counsel sixth-circuit speedy-trial-act trial-counsel |
Can a defense lawyer, consistent with the Sixth Amendment, contravene his client's wishes to object to a violation of the Speedy Trial Act? |
| 18-7679 |
Jeriton Lavar Curry v. United States |
Fourth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
18-usc-924(c) appeal-waiver appellate-review constitutional-error criminal-procedure jurisdiction plain-error sentencing sentencing-jurisdiction unconstitutional-sentence |
Did the Appeals Court err by granting the Government's motion to enforce an invalid appeal waiver, after determining that Currys' issue was non-frivol… |
| 18-7682 |
Stacie Demers v. United States |
Second Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
appeal appellate-review circuit-court counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim sixth-amendment |
Whether the Circuit Court of Appeals should have decided Ms. Demers's claim of ineffective assistance of counsel |
| 18-7683 |
Deandre Anderson v. Daniel Lesatz, Warden |
Sixth Circuit |
2019-01-30 |
Denied |
IFP |
civil-procedure civil-rights constitutional-violations criminal-procedure due-process fourth-amendment miranda-rights new-evidence post-conviction-relief postconviction-relief probable-cause standing statute-of-limitations trial-errors wrongful-conviction |
Does the cases stated apply to this case? |
| 18-7625 |
Thomas Florence v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-29 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence jurisdiction sentencing standing |
Can the sites of the United States government maintain a valid conviction based on a DNA report that does not prove beyond a reasonable doubt to suppo… |
| 18-7627 |
Tavis Labron Houpe v. United States |
Fourth Circuit |
2019-01-29 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment fourth-amendment newly-discovered-evidence search-and-seizure standing Was the petitioner's Fourteenth(14th) Amendment ri |
Was the petitioner's Fourth(4th) Amendment rights violated due to a search and seizure? |
| 18-7632 |
Abraham Grant v. Wendy Kelly, Director, Arkansas Department of Correction |
Arkansas |
2019-01-29 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process felony-conviction habeas-corpus prosecutorial-discretion speedy-trial standing state-court-decision |
Whether the state court's denial of a motion to dismiss a felony charge that was never prosecuted violates the petitioner's due process rights |
| 18-7634 |
Lincoln E. Fox v. Neil Turner, Warden |
Sixth Circuit |
2019-01-29 |
Denied |
Response WaivedIFP |
appellate-review confrontation-clause criminal-procedure due-process evidence evidentiary-error fair-trial ineffective-assistance ineffective-assistance-of-counsel victim-testimony witness-testimony |
Whether the trial court's admission of a videotaped statement of the victim violated the defendant's right to a fair trial |
| 18-7637 |
Fidencio Valdez v. Texas |
Texas |
2019-01-29 |
Denied |
IFP |
capital-case capital-case-review-habeas-corpus-due-process-equa criminal-procedure due-process equal-protection habeas-corpus mccoy-claim mccoy-v-louisiana standing texas-code-of-criminal-procedure texas-law |
Whether the Court of Criminal Appeals of Texas misapplied this Court's decision in McCoy v. Louisiana |
| 18-7644 |
Carlos Benitez v. James Key, Superintendent, Airway Heights Corrections Center |
Ninth Circuit |
2019-01-29 |
Denied |
Response WaivedIFP |
appellate-review conflict-of-interest constitutional-provisions criminal-procedure due-process effective-counsel evidentiary-hearing habeas habeas-corpus legal-claim right-to-counsel sixth-amendment standard-of-appealability standard-of-review |
Did trial counsel have a conflict of interest by simultaneously representing Mr. Benitez and a defense witness? |
| 18-7646 |
Jesse Sawyer v. United States |
Second Circuit |
2019-01-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court due-process federal-procedure judicial-mandate judicial-power mandate sentencing standard-of-review substantive-reasonableness |
Whether the powers of federal appellate courts are diminished and whether a defendant is deprived of his fundamental right to appellate review |
| 18-7651 |
Eric Steve Anderson v. California |
California |
2019-01-29 |
Denied |
IFP |
antagonistic-defenses conspiracy constitutional-rights criminal-procedure fair-trial jury jury-trial severance severance-motion |
Did this trial court's denial of petitioner's severance motion as to co-defendant and its subsequent acquittal of co-defendant on the conspiracy charg… |
| 18-7652 |
Brian Anderson v. Colorado |
Colorado |
2019-01-29 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights colorado-law criminal-law criminal-procedure due-process jurisdiction nelson-v-colorado presumption-of-innocence standing statutory-interpretation supreme-court-precedent |
Does Colorado Revised Statutes 18-3-302 Supersede Nelson V. Colorado 137 S.CT. 1249 (2017) |
| 18-989 |
United States v. Marvin Lewis |
Fifth Circuit |
2019-01-29 |
Denied |
Response RequestedRelisted (3) |
18-usc-924 constitutional-challenge criminal-law criminal-procedure criminal-statute due-process federal-criminal-prosecution federal-jurisdiction federal-prosecution firearm-offense firearms statutory-interpretation vagueness vagueness-doctrine |
Whether the subsection-specific definition of 'crime of violence' in 18 U.S.C. 924(c)(3)(B) is unconstitutionally vague |
| 18-7593 |
Richard Michael Sanchez v. United States |
Ninth Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
appellate-waiver consecutive-sentence criminal-procedure criminal-sentencing due-process legal-interpretation plea-agreement sentencing |
Does a plea agreement's limited appellate waiver preclude a defendant's challenge of a decision to impose a consecutive sentence where the appellate w… |
| 18-7598 |
Carol J. Morris v. United States |
Fifth Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
administrative-procedure civil-procedure civil-rights constitutional-interpretation criminal-procedure due-process federal-courts habeas-corpus ineffective-assistance-of-counsel judicial-compensation patent standing statutory-construction takings |
Whether the petitioner's convictions should be vacated due to ineffective assistance of counsel and violations of due process |
| 18-7599 |
Jesus E. Moreno Ornelas v. United States |
Ninth Circuit |
2019-01-28 |
Denied |
IFP |
compulsory-process constitutional-right criminal-procedure defense-witness discovery discovery-order due-process exclusion non-disclosure sixth-amendment tactical-advantage willful-nondisclosure |
Whether the Compulsory Process Clause of the Sixth Amendment precludes exclusion of an undisclosed defense witness to enforce a discovery order if the… |
| 18-7607 |
Bruce White v. United States |
Seventh Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
counsel-actions criminal-procedure criminal-procedure-plea-bargaining defendant-rights due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel motion-withdrawal plea-agreement plea-bargaining right-to-counsel sentencing voluntary-plea withdrawal-of-plea |
Whether a plea was entered voluntarily, intelligently, and knowingly |
| 18-7609 |
Merlin Alston v. United States |
Second Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
18-usc-924c 18-usc-926b criminal-law-enforcement-officer-exemption criminal-procedure drug-trafficking due-process firearm-possession firearms law-enforcement sentencing sentencing-guidelines statutory-interpretation |
Is the conviction of a local police officer, required to carry a service pistol when off duty, excluded from prosecution for violating 18 U.S.C. 924(c… |
| 18-7611 |
Terrance E. Everett v. Delaware |
Delaware |
2019-01-28 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-issues court-of-appeals criminal-procedure due-process evidence legal-interpretation officer-discretion police-misconduct public-policy standing suspect-authority |
Whether the lower Court and the Delaware Supreme Court erred, and abused their discretion, with regards to the lower Court's denial of a mistrial and … |
| 18-7612 |
Nathaniel Bowens v. United States |
Fifth Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
18-usc-924(c)(1)(A) advance-knowledge aiding-and-abetting court-of-appeals crime-of-violence criminal-procedure drug-trafficking-crime firearm firearm-use mens-rea statutory-interpretation |
Whether the Court of Appeals' decision below contravenes this Court's holding in Rosemond v. United States |
| 18-7615 |
Michael Alexander Bacon v. United States |
Tenth Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
circuit-court-split criminal-justice-process criminal-procedure evidentiary-inquiry fact-finding factual-dispute federal-rule-41 federal-rule-of-criminal-procedure-41(g) government-possession post-conviction-motion property-return property-seizure rule-41g seized-property |
What evidentiary inquiry is required when the government responds to a post-conviction motion under Rule 41(g) by asserting that it lacks physical pos… |
| 18-7571 |
Gabriel Cervantes Valencia v. Dave Davey, Warden |
Ninth Circuit |
2019-01-25 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment 6th-amendment brady-violation constitutional-rights criminal-procedure due-process evidence jurisdiction |
Whether the Civcurh, Districk and Strode Courts denials and akesmissals of Petihwners BRADY VIOLATION Claim violate pebbroners bye Process Rights Guav… |
| 18-7575 |
Alexis Valdes Gonzalez v. United States |
Eleventh Circuit |
2019-01-25 |
Denied |
Response RequestedResponse WaivedRelisted (9)IFP |
criminal-case criminal-procedure due-process eleventh-circuit judicial-process mandatory-form panel-decision preclusive-effect prior-panel-precedent strict-deadline writ-of-certiorari |
Whether the Due Process Clause permits the Eleventh Circuit to afford preclusive effect in a criminal case to a prior panel decision |
| 18-7582 |
Ralph Nicholas Canete v. Chuck Keeton, Warden |
Ninth Circuit |
2019-01-25 |
Denied |
IFP |
compulsory-process constitutional-rights criminal-procedure due-process evidence fair-trial fifth-amendment fourteenth-amendment material-evidence sixth-amendment |
Whether the destruction of material evidence by the government violates the right to due process |
| 18-7585 |
Lemuel Gay v. United States |
Eleventh Circuit |
2019-01-25 |
Denied |
Response WaivedIFP |
appellate-court appellate-review criminal-procedure district-court guideline-enhancement guidelines judicial-discretion procedural-error sentencing-court sentencing-guidelines standard-of-review |
Can the sentencing court's statement—that it would impose the same sentence irrespective of any error in its application of a guideline enhancement—ab… |
| 18-7586 |
Zachary T. Frey v. United States |
Eleventh Circuit |
2019-01-25 |
Denied |
Response WaivedIFP |
armed-career-criminal-act burden-of-proof collateral-review criminal-procedure judicial-interpretation post-sentencing-case-law post-sentencing-law residual-clause retroactivity sentencing-enhancement |
Whether a defendant can prove his ACCA-enhanced sentence was based on the unconstitutional residual clause by relying on post-sentencing case law |
| 18-7502 |
Edjuan Payne v. Illinois |
Illinois |
2019-01-24 |
Denied |
IFP |
appeals appellate-review civil-rights competency criminal-procedure due-process mental-fitness mental-health right-to-a-fair-trial right-to-counsel sentencing trial-errors |
Whether the defendant's due process rights were violated by the trial court's failure to conduct a competency hearing despite evidence of the defendan… |
| 18-7511 |
Edwin J. Ortiz-Fagot v. United States |
First Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
18-usc-3582 criminal-procedure criminal-procedure-3582-c-2 criminal-statute due-process non-delegation retroactive-application sentencing sentencing-guidelines sentencing-modification statutory-interpretation |
Whether the district court's modification of a sentence via 18 U.S.C. § 3553(a) to include deciding whether to retroactively apply the plain language … |
| 18-7514 |
Toni R. Palmer v. Kaiser Foundation Hospitals Technology Risk Office |
Tenth Circuit |
2019-01-24 |
Denied |
IFP |
case-merits civil-procedure complaint-analysis court-procedure due-process evidence evidentiary-standards judicial-review legal-interpretation pleadings standing summary-judgment |
Whether the district court and appeals court erred when they granted the defendant's motion to dismiss despite evidence submitted by the plaintiff tha… |
| 18-7553 |
Elmos D. Hopkins v. Robert Dooley, Warden, et al. |
Eighth Circuit |
2019-01-24 |
Denied |
IFP |
civil-rights confession confrontation-clause criminal-procedure due-process evidence ineffective-assistance-of-counsel jury jury-instructions right-to-counsel witness |
Whether a defendant can be convicted by a jury when two key witnesses (owners of the home) were not allowed to testify |
| 18-7555 |
Doiakah Gray v. Stephanie Dorethy, Warden |
Seventh Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
28-usc-2244 civil-rights constitutional-interpretation criminal-procedure due-process federal-prisoners habeas-corpus judicial-review legal-precedent state-prisoners statute-of-limitations statutory-construction |
What is the limitations period for newly recognized rights for state prisoners? |
| 18-7556 |
Michael James Horton v. Clark E. Ducart, Warden |
Ninth Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure critical-trial-stages due-process pro-se-representation right-to-be-present right-to-counsel self-representation standing statutory-interpretation trial-procedure |
Whether the unequivocal right to represent oneself or have counsel should be left ambiguous |
| 18-7558 |
Brandon Lamar Hawkins v. Florida |
Florida |
2019-01-24 |
Denied |
Response WaivedRelisted (2)IFP |
competency-hearing criminal-procedure criminal-procedure-competency criminal-sentencing due-process ineffective-assistance judicial-procedure mental-competency mental-health resentencing sentencing trial-court trial-court-discretion |
Whether petitioner is entitled to discharge, new trial, and/or resentencing based on the trial court failing to conduct a competency hearing |
| 18-7561 |
Juan Guzman v. United States |
Fourth Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
14th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights criminal-procedure due-process standing |
Whether the Constitution of the United States protects against arbitrary actions of government |
| 18-7563 |
Lynce P. Foster v. United States |
Sixth Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-law constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance legal-representation right-to-counsel sixth-amendment united-states-constitution |
Whether counsel were ineffective for not representing petitioner according to a counsel guaranteed to the petitioner by the Sixth Amendment of the Uni… |
| 18-7564 |
Jovan Howard v. Julie L. Jones, Secretary, Florida Department of Corrections |
Florida |
2019-01-24 |
Denied |
Relisted (2)IFP |
amended-information burglary-dwelling constitutional-rights criminal-procedure due-process habeas-corpus legal-remedy prosecutorial-misconduct unlawful-alteration unlawful-detention void-indictment |
Whether Habeas Corpus was the proper remedy for the petitioner unlawfully detained against his will |
| 18-7565 |
Michael Fuller v. Lashann Eppinger, Warden |
Ohio |
2019-01-24 |
Denied |
Response WaivedIFP |
aggregate-sentence civil-rights criminal-procedure due-process habeas-corpus maximum-term sentencing statutory-interpretation unlawful-detention |
Whether Petitioner's maximum aggregate sentence has expired and he is being held unlawfully |
| 18-7566 |
Pedro Goris, aka Pedro Goriz, aka Pedro Abreu v. United States |
Second Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeals appellate-review constitutional-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Whether Petitioner's sentence was both procedurally and substantively unreasonable |
| 18-7567 |
Ron Collins v. United States |
Seventh Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process eighth-amendment fair-sentencing-act ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sentencing sentencing-guidelines |
Whether the court of appeals erred in denying petitioner's application for a certificate of appealability |
| 18-961 |
Mitchell R. Swartz v. United States Patent and Trademark Office, et al. |
Federal Circuit |
2019-01-24 |
Denied |
Response WaivedRelisted (2) |
35-usc-145 35-usc-section-145 administrative-law civil-rights due-process evidence evidence-review judicial-procedure patent patent-application patent-law-35-usc-145 patent-office standing takings |
Whether the court erred in not being consistent with prior Supreme Court decisions regarding the requirement of 35 U.S.C. §145 claims to address new e… |
| 18-7525 |
Delexsia Harris v. United States |
Eleventh Circuit |
2019-01-23 |
Denied |
Response WaivedIFP |
criminal-procedure evidence evidence-suppression federal-rules-of-evidence judicial-discretion old-chief-v-united-states prejudicial-evidence prejudicial-information prior-bad-acts rule-403 |
Should the analysis utilized in Old Chief v. United States control in determining whether prejudicial information should have been excluded in the def… |
| 18-7527 |
David Phillip Wilson v. Alabama |
Alabama |
2019-01-23 |
Denied |
IFP |
brady-evidence brady-v-maryland brady-violation co-defendant-statement criminal-procedure discovery due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel kaupp-v-texas probable-cause prosecutorial-misconduct wong-sun-v-united-states |
Whether the prosecution's failure to provide Brady evidence is excused by trial counsel's lack of diligence in pursuing that evidence, and whether Mr.… |
| 18-7532 |
Dale B. Green v. Florida |
Florida |
2019-01-23 |
Denied |
IFP |
civil-rights criminal-procedure critical-stage due-process partial-denial presumption-of-unfair-trial pretrial-proceedings right-to-counsel |
Whether the presumption of an unfair trial applies to the petitioner on the ground that the petitioner suffered a partial denial of his right to couns… |
| 18-7482 |
Edgar Baltazar Garcia v. United States |
Fifth Circuit |
2019-01-22 |
Denied |
Relisted (2)IFP |
18-usc-3599 capital-case criminal-procedure due-process expert-expenses expert-fees global-cap investigative-fees legal-compensation reasonably-necessary statutory-interpretation |
Whether, pursuant to 18 U.S.C. § 3599(f) and (g)(2), a global cap may be imposed on investigative and expert fees and expenses in a capital case in an… |
| 18-7501 |
GwanJun Kim v. Grand Valley State University, et al. |
Sixth Circuit |
2019-01-22 |
Dismissed |
Response WaivedIFP |
civil-procedure complaint dismissal due-process evidence factual-findings jurisdiction marshal service-of-process standing summons time-limits |
Whether the district court erred in dismissing the complaint for failure to serve the defendants within the time period required by Rule 4(m) of the F… |
| 18-7512 |
Ronald Jackson v. Illinois |
Illinois |
2019-01-22 |
Denied |
Response WaivedIFP |
civil-rights compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process evidentiary-ruling ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-fair-trial sixth-amendment state-court subjective-intent |
Whether counsel provided ineffective assistance by failing to adequately investigate and present exculpatory evidence |
| 18-7513 |
Nelson Cobas v. Kevin Lindsey, Warden |
Sixth Circuit |
2019-01-22 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process federal-courts free-speech sentencing standing state-courts statutory-interpretation |
Whether the petitioner's conviction under 18 U.S.C. sections 2545 and 2544 violates his constitutional rights |
| 18-7488 |
Billy R. Lewis v. Louisiana |
Louisiana |
2019-01-18 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury nonunanimous-verdict ramos-v-louisiana sixth-amendment |
Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti… |
| 18-7491 |
Scott Anthony Crow v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-18 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection habitual-offender ineffective-assistance-of-counsel plea-bargaining sentencing |
Did the federal judges in the 8th Cir. Fail to review newly discovered claims |
| 18-7504 |
Raphael R. Hamilton v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2019-01-18 |
Denied |
IFP |
circuit-court-discretion coercion competency criminal-procedure defendant-rights due-process guilty-plea guilty-plea-withdrawal jurisdiction jurisdictional-issue right-to-withdraw standard-of-review statutory-interpretation |
Whether the Tenth Circuit Court of Appeals erred by not reversing the trial court's order denying petitioner his right to withdrawal of the guilty ple… |
| 18-7506 |
Jonathan Glen Turner v. United States |
Ninth Circuit |
2019-01-18 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure dilatory-conduct due-process manipulative-conduct obstreperous-conduct right-to-counsel sixth-amendment waiver |
Whether a defendant may waive his Sixth Amendment right to counsel by dilatory, obstreperous, or manipulative conduct, as opposed to express statement |
| 18-7455 |
Josue Israel Sanchez v. California |
California |
2019-01-17 |
Denied |
IFP |
burden-of-proof civil-rights criminal-procedure due-process fair-trial government-misconduct presumption-of-innocence prosecutorial-misconduct wrongful-conviction |
Whether the wrongful prosecution, conviction, and appeal of an innocent person is legally permissible despite the government's and society's unwilling… |
| 18-7468 |
Robert Charles Jones v. Jack Palmer, Warden, et al. |
Ninth Circuit |
2019-01-17 |
Denied |
Response WaivedIFP |
attorney-advice criminal-procedure due-process habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel life-without-parole parole plea-bargaining post-conviction-relief sentencing sixth-amendment |
Whether Jones received ineffective assistance of counsel |
| 18-7471 |
Mark Henry, aka Weida Zheng, aka Scott Russel, aka Bob Wilson, aka Joanna Zhong v. United States |
Second Circuit |
2019-01-17 |
Denied |
IFP |
arms-export-control-act court-interpreters-act criminal-procedure mens-rea nondelegation-doctrine separation-of-powers statutory-interpretation |
Whether a 'willful' violation of the Arms Export Control Act requires proof of defendant's awareness of export licensing requirements |
| 18-7473 |
William Dale Albright v. Kansas |
Kansas |
2019-01-17 |
Denied |
Response WaivedIFP |
alleyne alleyne-decision alleyne-v-united-states apprendi apprendi-rule criminal-law criminal-procedure due-process judicial-interpretation sentencing sentencing-enhancement sixth-amendment supreme-court-precedent |
Does this Court's decision in Alleyne v. United States, 570 US 99 (2013) announce a new rule or was it dictated by Apprendi v. New Jersey, 530 US 466 … |
| 18-7477 |
Ja'Juan Williams v. Dean Minor, Warden |
Eighth Circuit |
2019-01-17 |
Denied |
IFP |
actual-innocence conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief |
Was trial counsel ineffective for not raising issue of actual innocence? |
| 18-7478 |
Lloyd Michael Blair v. Michigan |
Michigan |
2019-01-17 |
Denied |
IFP |
constitutional-error criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-defect jury-trial post-conviction-relief relief resentencing sentencing sentencing-procedure sixth-amendment |
Are the sentencing proceedings that were found to be unconstitutional made to be invalid? |
| 18-7479 |
Farrell Haycraft v. Indiana |
Indiana |
2019-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-instructions mistrial trial-court-error verdict verdict-modification |
Did the Trial Court Err when it order the jurors to redeliberate after it reach a verdict of guilty and not guilty on all counts? |
| 18-7480 |
Karreem Tislam Jabar Wiley v. Larry Cartledge, Warden |
Fourth Circuit |
2019-01-17 |
Denied |
Response WaivedIFP |
6th-amendment compulsory-process confrontation-clause criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-counsel |
Did Trial Defense Counsel violate the Petitioner's 6th Amendment rights? |
| 18-7427 |
Abdirahman Yasin Daud v. United States |
Eighth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error harmless-error-analysis jury-instruction jury-instructions jury-trial sixth-amendment specific-intent |
Whether the Court of Appeals' application of 'harmless error' analysis to an erroneous jury instruction violated the defendant's Sixth Amendment right… |
| 18-7444 |
Chad Talada v. David V. Cole, Sheriff, Steuben County Jail |
Second Circuit |
2019-01-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
28-usc-2241 28-usc-2255 actual-innocence administrative-procedure binding-precedent collateral-review criminal-procedure district-court habeas-corpus inadequate-or-ineffective retroactivity saving-clause |
Whether § 2255(e)'s saving clause permits a criminal defendant to pursue a claim of actual innocence in the district where he is detained when binding… |
| 18-7445 |
Lennis A. George v. Jason Kent, Warden |
Fifth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
attempted-manslaughter constitutional-provisions criminal-law criminal-procedure due-process evidence fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence procedural-history standard-of-review |
Whether there was sufficient evidence to convict Lennis George of attempted manslaughter? |
| 18-7446 |
Anthony Jujuan Hopkins v. Warden, Ventress Correctional Facility |
Eleventh Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment appellate-review civil-rights constitutional-challenge court-interpretation criminal-procedure due-process jurisdiction legal-proceeding ninth-circuit petition-for-review sentencing standing |
Whether the U.S. Appeals Court for the Eleventh Circuit erred in denying petitioners' COA, when petitioners raise jurisdictional issues that can be ra… |
| 18-7447 |
Christopher E. Lemon v. United States |
Fifth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
constitutional constitutional-provision constitutional-rights criminal-procedure due-process fifth-circuit plea-agreement waiver-of-appeal |
Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Lemon's Plea Agreement |
| 18-7451 |
Shane Cox v. United States |
Tenth Circuit |
2019-01-16 |
Denied |
Relisted (2)IFP |
affirmative-defense criminal-procedure due-process due-process-right-to-present-defense federal-preemption federal-prosecution firearms-regulation kansas-law second-amendment short-barreled-rifles silencers state-rights |
Did the district court deny Mr. Cox his due process right to present a defense when it precluded Mr. Cox from arguing to the jury that his reliance on… |
| 18-7452 |
Herminio Garcia-Carillo v. United States |
Ninth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process due-process,equal-protection,immigration,prejudice equal-protection fair-trial free-speech immigration immigration-bias impartiality jury-selection prejudice voir-dire |
Whether a judge must allow voir dire into prejudice against Mexican immigrants when a Mexican immigrant faces trial for illegal reentry after a presid… |
| 18-7460 |
Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-16 |
Denied |
IFP |
adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court |
Did the trial court fail to attach portions of the record? |
| 18-7464 |
Carlton E. Gary v. Florida |
Florida |
2019-01-16 |
Denied |
IFP |
competency-hearing criminal-procedure due-process evidentiary-standard expert-testimony expert-witness fundamental-error judicial-error prejudice violation witness-credibility witness-influence |
Whether the expert witness's report was improperly influenced by the witness's actions, resulting in a violation of due process |
| 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 |
Whether the erroneous jury instruction given in Mr. Bennett's case negated his only defense and relieved the State of the burden of proving all elemen… |
| 18-922 |
Abraham M. Fisch v. Texas |
Texas |
2019-01-16 |
Denied |
|
attorney-fees client-rights criminal-defense-attorney criminal-procedure due-process excessive-fines forfeiture sixth-amendment standard-of-review |
What is the appropriate standard of review for the forfeiture of attorney's fees? |
| 18-7412 |
Keith Kennedy v. Louisiana Department of Public Safety and Corrections |
Louisiana |
2019-01-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance plea-bargaining sentencing sixth-amendment criminal-procedure due-process ineffective-assistance-of-counsel plea-bargaining sentencing standing |
Why did the judge deny the defendant's motion to withdraw his guilty plea? |
| 18-7414 |
Ray McArthur Freeney v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-15 |
Denied |
Amici (1)IFP |
28-usc-2254 civil-procedure civil-rights due-process evidence habeas-corpus material-evidence notice-and-hearing procedural-fairness state-court state-court-deference statutory-interpretation |
Whether deference is accorded to a state court decision under 28 U.S.C. §2254(d) where the state court received and relied upon material evidence and … |
| 18-7418 |
Derrick T. Seals v. United States |
Eighth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
851-enhancement ambiguous-plea contract criminal-procedure due-process enhancement government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing sentencing-enhancement sentencing-guidelines supervised-release |
Did government breach plea agreement/contract when defendant never agreed to enhancement? |
| 18-7419 |
Fausto Becerra v. United States |
Fifth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
accountability constitutional-rights criminal-procedure drug-offenses drug-quantity due-process maximum-punishment plea-agreement plea-bargain prosecutorial-discretion sentencing sentencing-enhancement sentencing-guidelines |
Whether the district court erred in sentencing the petitioner beyond the maximum punishment for the conduct he was 'accountable' for under the plea ba… |
| 18-7421 |
Torrence Allen v. United States |
Eleventh Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
28-usc-2255 career-offender career-offender-provision certificate-of-appealability constitutional-vagueness criminal-procedure habeas-corpus johnson-retroactivity johnson-v-united-states mandatory-guidelines mandatory-sentencing-guidelines retroactivity retroactivity-of-supreme-court-decisions sentencing sentencing-guidelines vagueness |
Whether Johnson v. United States applies retroactively to a 28 U.S.C. § 2255 motion |
| 18-7422 |
David Lee Williams v. Darrel Vannoy, Warden |
Louisiana |
2019-01-15 |
Denied |
IFP |
civil-procedure constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction louisiana-supreme-court right-to-counsel standing statutory-interpretation |
Whether the defendant's due process rights were violated when the Louisiana Supreme Court upheld his conviction and sentence without a hearing or oral… |
| 18-7423 |
Rodney Washington v. Gary A. Boughton, Warden |
Seventh Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
civil-rights court-discretion criminal-procedure dna-evidence dna-profile double-standard due-process ex-post-facto legal-precedent perjury retroactive-application statute-of-limitations |
What constitutes a specific DNA profile for the purposes of tolling the statute of limitations? |
| 18-7430 |
Mohamed Abdihamid Farah v. United States |
Eighth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error jury-instructions specific-intent trial-by-jury witness-credibility |
Whether the failure to include in jury instructions the required element of specific intent is subject to harmless error analysis where the element is… |
| 18-7437 |
Damilola Animashaun v. William Schmidt, et al. |
Second Circuit |
2019-01-15 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights due-process evidence jurisdiction standing |
Whether the Plaintiff provided sufficient evidence to support his claims? |
| 18-7400 |
Damion Sleugh v. United States |
Ninth Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
appellate-review co-defendant-testimony criminal-procedure discovery due-process evidence fifth-amendment first-amendment impeachment impeachment-evidence witness-credibility |
Whether the need for sealing a co-defendant's subpoena applications ends once the co-defendant changes his plea and testifies for the Government at tr… |
| 18-7402 |
Robert Shapiro v. United States |
Federal Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
6th-amendment compulsory-process confrontation-clause criminal-procedure due-process jury-trial public-trial right-to-counsel speedy-trial |
What is the meaning of the Sixth Amendment's guarantee of the right to a criminal prosecution, including the right to a speedy and public trial, by an… |
| 18-7405 |
Gary Lee Beason v. Indiana |
Indiana |
2019-01-14 |
Denied |
Response WaivedIFP |
appellate-counsel-ineffectiveness appellate-review child-molestation collateral-attack criminal-procedure due-process fundamental-rights habeas-corpus ineffective-assistance judicial-bias state-action trial-counsel trial-counsel-ineffectiveness |
Was Beason denied basic Due Process when a biased judge presided over his trial, and can the states preclude the issue from review on collateral attac… |
| 18-7406 |
Benjamin James Boatman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-01-14 |
Denied |
IFP |
criminal-procedure cumulative-error drug-induced-psychosis due-process heat-of-passion ineffective-assistance jury-instructions prosecutorial-misconduct right-to-counsel |
Ineffective assistance of counsel |
| 18-7407 |
Azaniah Blankumsee v. Circuit Court of Maryland, Washington County, et al. |
Fourth Circuit |
2019-01-14 |
Denied |
IFP |
civil-procedure civil-rights due-process evidence immunity injunctive-relief standing |
Did The lower Court err in Granting Absolute Immunity to All defendants, Refusing and Dismissing his Claims for Injunctive Relief, and in Denying Indi… |
| 18-7385 |
Cheng Le v. United States |
Second Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
biological-weapons biological-weapons-act commerce-clause constitutional-law-commerce-clause-treaty-power-bi criminal-law-biological-weapons-anti-terrorism-act criminal-procedure criminal-procedure-standard-of-review-plain-error- federalism plain-error standard-of-review treaty-power Whether federalism principles preclude holding Le Whether the Biological Weapons Act 18 U.S.C. §175 |
Whether a less demanding standard of review than plain error should be applied |
| 18-7390 |
Martin R. Stancik v. United States |
Sixth Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
appeal appeal-waiver circuit-split constitutional-error constitutional-law criminal-procedure due-process sentencing sixth-circuit waiver |
Whether a criminal defendant's waiver of his right to appeal a sentence includes a waiver of the right to appeal a later, unforeseen constitutional du… |
| 18-7393 |
Rodrigo Roman v. United States |
Fifth Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure drug-offense due-process firearm-enhancement firearm-possession guidelines-interpretation sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement stare-decisis |
Whether the Fifth Circuit erred in affirming the district court's application of the firearm enhancement under U.S.S.G. § 2D1.1(b)(1) without requirin… |
| 18-7395 |
Wilfred H. v. West Virginia |
West Virginia |
2019-01-14 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland criminal-procedure discovery due-process evidence-suppression exculpatory-evidence materiality-standard prosecutorial-misconduct suppressed-evidence |
Under Brady v. Maryland, 373 U.S. 83 (1963), does the materiality standard require that the suppressed evidence directly go to proving any count again… |
| 18-7329 |
Phillip Dale Selfa v. United States |
Ninth Circuit |
2019-01-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-rights criminal-procedure criminal-prosecution double-jeopardy dual-sovereignty due-process federal-state-jurisdiction presumption-of-innocence prosecutorial-misconduct prosecutorial-vindictiveness |
Does the prophylactic presumption of prosecutorial vindictiveness (North Carolina v. Pearce, 395 U.S. 711 (1982)) apply when two different sovereigns … |
| 18-7371 |
Nicole Johnson v. California |
California |
2019-01-11 |
Denied |
Response WaivedIFP |
burden-of-proof circumstantial-evidence civil-rights criminal-conviction criminal-procedure due-process jury-instructions presumption-of-innocence reasonable-doubt stolen-property |
Whether proof that the defendant possessed recently stolen property—any stolen property, as far as the instruction is concerned, even if the defendant… |
| 18-7372 |
Santos Cuevas v. Brandon Kelly, Superintendent, Oregon State Prison |
Ninth Circuit |
2019-01-11 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process free-speech grand-jury jurisdiction presumption-of-innocence standing |
Whether the district courts retained jurisdiction to entertain claims that the trial court directing a grand jury and judges to deliberate with statut… |
| 18-7376 |
Scott Peters v. Nancy A. Berryhill, Acting Commissioner of Social Security |
Seventh Circuit |
2019-01-11 |
Denied |
IFP |
administrative-law civil-rights due-process equal-protection evidence standing |
Whether the records used by the Commissioner as substantial evidence were found to be clearly erroneous |
| 18-7380 |
Ricardo Glover v. Wisconsin |
Wisconsin |
2019-01-11 |
Denied |
Response WaivedIFP |
constitutional-rights conviction criminal-procedure deprivation-of-liberty due-process jurisdiction jurisdictional-challenge liberty prosecutorial-misconduct subject-matter-jurisdiction united-states-constitution |
Whether a person is deprived of their liberty when they are forcefully brought before a court in chains and shackles by the prosecution, the prosecuti… |
| 18-7382 |
Jervon L. Herbin v. Virginia |
Virginia |
2019-01-11 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sentencing sixth-amendment structural-defect |
Did the Lower Court(s) Err in refusing to grant retroactive application to Fishback v. Commonwealth? |
| 18-7298 |
Nicole M. Moore v. Florida |
Florida |
2019-01-10 |
Denied |
Response WaivedIFP |
brady-v-maryland civil-rights conviction criminal-procedure due-process false-testimony incarceration prison-sentence prosecutorial-misconduct state-action wrongful-conviction |
Whether the Due Process Clause excuses the State of Florida's use of false testimony in the procurement of a conviction and 13-year prison sentence wh… |
| 18-7348 |
Edgar Arnold Garcia v. United States |
Eleventh Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
18-usc-3582 18-USC-3582c2 criminal-procedure criminal-sentencing dillon-v-united-states district-court-discretion due-process legal-error sentence-modification sentencing sentencing-guidelines sentencing-methodology statutory-interpretation statutory-maximum |
Whether Dillon v. United States requires reevaluation of original sentencing methodology in sentence modification proceedings under 18 U.S.C. § 3582(c… |
| 18-7351 |
Rahmad Lashad Geddes v. United States |
Eighth Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
alleyne appellate-review apprendi civil-rights criminal-procedure due-process ex-post-facto habeas-corpus mandatory-minimum sentencing sentencing-guidelines sixth-amendment statutory-interpretation supreme-court-precedent |
Can a court of appeals sanction a lower court's departure from this court's well-established precedents that effectively conflates the standard of rev… |
| 18-7356 |
Jack Gossett v. United States |
Fifth Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial-procedure defendant-rights due-process expert-testimony government-agent-testimony jury-influence prejudice reasonable-doubt reversible-error substantial-rights untendered-expert-testimony |
Did the testimony of a government agent, not tendered as an expert, influence the jury's decision on guilt beyond a reasonable doubt? |
| 18-7358 |
Aaron Ford v. United States |
Eleventh Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
career-offender certificate-of-appealability criminal-procedure criminal-procedure-28-usc-2255,ineffective-counsel ineffective-assistance ineffective-assistance-of-counsel plain-error presentence-investigation-report section-2255-motion sentencing |
Whether the Eleventh Circuit Court of Appeals erred in denying to issue a certificate of appealability to review Petitioner's denied motion under 28 U… |
| 18-7360 |
Peter Mathis, Jr. v. United States |
Sixth Circuit |
2019-01-10 |
Denied |
Response WaivedRelisted (2)IFP |
appeals appellate-review circuit-court criminal-procedure double-jeopardy due-process final-judgment grand-jury insufficient-evidence sentencing sentencing-review statutory-interpretation |
Did Congress' enactment of 18 USC § 3742(a) allow for the review of an otherwise final sentence if a defendant could show a violation of law? |
| 18-7365 |
Robert Allen DeVore v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Oregon |
2019-01-10 |
Denied |
Response WaivedIFP |
8th-amendment consecutive-sentences constitutional-law criminal-procedure cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment habeas-corpus minimum-sentences sentencing |
Does the combined sentence totaling of 495 years with a 247% year minimum violate the Eighth Amendment against cruel and unusual punishment? |
| 18-7367 |
Darwin Markeith Huggans v. United States |
Eighth Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
case-review counsel-advice criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-review lee-v-united-states legal-standard misinformation sixth-amendment |
Was the lower court required to address an evidentiary hearing when the evidence clearly showed that Huggins was misinformed based on counsel's advice… |
| 18-7392 |
In Re James Rudnick |
|
2019-01-10 |
Denied |
IFP |
13th-amendment 14th-amendment civil-rights constitutional-rights conviction criminal-procedure custody due-process fourteenth-amendment habeas-corpus incarceration-authority mittimus thirteenth-amendment |
Whether the Respondent has valid authority to punish the Applicant and keep him incarcerated without a valid conviction |
| 18-7305 |
William Hilts v. United States |
Second Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-indictment criminal-procedure due-process fifth-amendment grand-jury hearsay hearsay-testimony indictment witness-testimony |
Whether a criminal defendant's right to be prosecuted on an indictment voted by a Grand Jury under the Fifth Amendment is violated when the Grand Jury… |
| 18-7307 |
Yoni Rayo-Espinoza v. United States |
Fifth Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-7308 |
Ronnie Junior Rodriguez v. United States |
Eleventh Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence expert-testimony expert-witness federal-agent jury-instructions photographic-evidence pro-se-defense prosecutorial-misconduct witness-testimony |
Whether the defendant's due process rights were violated when the government presented unreliable expert testimony and improperly influenced the jury |
| 18-7315 |
James Gregory Armistead v. Jennie Bowen, et al. |
Fourth Circuit |
2019-01-09 |
Denied |
IFP |
administrative-law civil-rights constitutional-rights contracts-clause criminal-procedure due-process equal-protection ex-post-facto fourth-amendment hearing-rights informal-hearing program-eligibility termination |
Whether the trial court and administrative agency denied petitioner due process and equal protection rights by terminating him from a program without … |
| 18-7318 |
Jesus Gomez v. California |
California |
2019-01-09 |
Denied |
IFP |
burglary criminal-procedure due-process evidence evidence-admission fair-trial fifth-amendment fourteenth-amendment uncharged-burglaries |
Whether admission of evidence of uncharged burglaries violated petitioner's rights to a fair trial and due process |
| 18-7322 |
Robert R. Yerton, Jr. v. Jason Bryant, Warden |
Tenth Circuit |
2019-01-09 |
Denied |
Relisted (2)IFP |
appeal confrontation-clause criminal-appeal criminal-procedure due-process expert-witness federal-appeal indigent-defense sixth-amendment tenth-circuit |
Whether the Tenth Circuit Court erred in holding that the District Court of Tulsa County's refusal to permit a unique expert defense witness to presen… |
| 18-7323 |
Robert Willis v. United States |
Sixth Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
acca armed-career-criminal-act career-offender criminal-law criminal-procedure drug-trafficking prior-conviction prior-convictions sentencing sentencing-enhancement statutory-maximum violent-felony |
Whether petitioner Willis's 'B&E Occupied' is a violent felony under ACCA? |
| 18-7325 |
John Joseph Zinkand v. Carlos Hernandez, Superintendent, Avery-Mitchell Correctional Institution, et al. |
Fourth Circuit |
2019-01-09 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus imprisonment indictment state-law statutory-interpretation subject-matter-jurisdiction |
Did North Carolina State unlawfully imprison Petitioner upon an unconstitutional statute? |
| 18-7330 |
Michael Anthony Garrett v. United States |
Eighth Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure defense-theory due-process evidence fifth-amendment jury-instructions right-to-present-defense sixth-amendment trial-evidence |
Whether a defendant's constitutional right to present a defense encompasses the right to have the jury instructed on a theory of defense that constitu… |
| 18-7245 |
Ronnie Junior Rodriguez v. United States |
Eleventh Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence false-declaration federal-rules-of-evidence hearsay legal-procedure perjury self-incrimination standing witness-testimony |
Whether the petitioner's Fifth Amendment right against self-incrimination was violated when the government presented hearsay evidence against him at t… |
| 18-7281 |
Olandio Ray Workman v. John Vandermosten, et al. |
Fourth Circuit |
2019-01-08 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence false-charges indigent-defense legal-mail medical-care prison prison-conditions right-to-counsel standing |
Did the District Court in Greenville, South Carolina deny me due process when they didn't finish school and let me know yet? |
| 18-7282 |
Benjamin Edward Henry Bradley v. United States |
Sixth Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity due-process factual-findings objection presentence-report sentencing sixth-circuit |
Did the Sixth Circuit Court of Appeals err in affirming the district court's sentencing judgment where the district court adopted the Presentence Repo… |
| 18-7284 |
Roger Leon Barlow v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
42-pa-c-s-a-9541 constitutional-challenge criminal-procedure due-process illegal-sentence pennsylvania pennsylvania-courts post-conviction-relief post-conviction-relief-act re-sentencing sentencing void-ab-initio |
Did the Pennsylvania Courts err in denying the instant Post Conviction Relief Act Petition for failing to recognize that the P.C.R.A. statute, 42 Pa.C… |
| 18-7289 |
Peter D. Bommerito v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation, et al. |
Ninth Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
14th-amendment administrative-policy ballot-initiatives civil-rights criminal-procedure due-process public-policy state-legislation |
Should the people in the state of California be constitutionally protected under the Fourteenth Amendment in the presence of increasingly severe crimi… |
| 18-7290 |
Muhamet Ajvazi v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-08 |
Denied |
IFP |
constitutional-rights constitutional-violation criminal-procedure due-process enhancement evidence judicial-review prior-conviction prior-convictions remand reversal sentencing |
Whether the court should reverse and remand due to the admission of evidence of prior conviction used as enhancement that was not fulfilled |
| 18-7291 |
Dillon Wade Thompson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-08 |
Denied |
IFP |
constitutional-rights criminal-law criminal-procedure deliberation digital-cameras due-process evidence evidence-admissibility judicial-discretion jury jury-deliberations lewd-exhibition prosecutorial-misconduct trial |
Is it a violation of a defendant's Due Process rights if, while deliberating, the fact-finder viewed evidence that was not shown at trial, even if sai… |
| 18-7293 |
Neil Walker v. Alabama |
Alabama |
2019-01-08 |
Denied |
Response WaivedIFP |
civil-rights conflict-of-laws criminal-procedure death-penalty due-process jurisdiction sentencing standing venue |
Where there is a conflict between the two state laws? |
| 18-7302 |
Angel Bartlett v. Stephen Gorsalitz, et al. |
Sixth Circuit |
2019-01-08 |
Denied |
IFP |
civil-rights court-misconduct criminal-conspiracy criminal-procedure due-process false-allegations hate-crime judicial-abuse peonage retaliation witness-tampering |
Was it illegal or wrongful for Stephen Gorsalitz and the Kalamazoo Courts to frame, Set up and destroy Angel Bartlett when she first had her kids? |
| 18-7303 |
Joel Rivera v. United States |
Seventh Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
advance-knowledge aiding-and-abetting armed-robbery credibility-of-witness credible-witness criminal-intent due-process evidence firearm-use new-trial prosecutorial-discretion seventh-circuit witness-credibility |
Whether Rosemond v. United States was wrongly interpreted and applied |
| 18-7304 |
Juan Rodriguez-Mantos v. United States |
Fifth Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-law federal-sentencing-guidelines fifth-circuit judicial-review reasonableness-review sentencing sentencing-enhancement sentencing-guidelines sentencing-reasonableness supervisory-power |
Whether the imposition of an outside Guidelines sentence is reasonable |
| 18-7312 |
Danny D. Tran v. Kansas |
Kansas |
2019-01-08 |
Denied |
Response WaivedIFP |
coerced-confession criminal-procedure due-process in-re-gault ineffective-assistance ineffective-assistance-of-counsel juvenile-confession juvenile-rights postcard-denial strickland-standard williams-v-taylor |
Question not identified |
| 18-7313 |
Lewis Templeton v. United States |
Tenth Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
criminal-procedure drug-crimes firearms sentencing spatial-connection sufficiency-of-evidence u.s.s.g.-2k2.1(b)(6)(b) waiver |
Whether the Tenth Circuit correctly concluded that Mr. Templeton had waived his argument that the evidence was insufficient to support increasing Mr. … |
| 18-875 |
Albert G. Hill, III, et al. v. PBL Multi-Strategy Fund, L.P. |
Fifth Circuit |
2019-01-08 |
Denied |
Response Waived |
appellate-procedure appellate-review circuit-courts circuit-split civil-procedure evidence evidence-standards judicial-review procedural-uniformity remand standards-of-review summary-judgment uniform-standards |
Should the Court grant the petition, vacate the judgment below, and remand to the District Court for further proceedings, because the Court of Appeals… |
| 18-863 |
Tralvis Edmond v. United States |
Seventh Circuit |
2019-01-07 |
Denied |
Response Waived |
4th-amendment confidential-informant criminal-activity criminal-procedure due-process fourth-amendment probable-cause search-warrant temporal-evidence |
Whether a complaint for search warrant that is silent as to the date on which alleged criminal activity occurred and recounts only a single drug purch… |
| 18-7242 |
Dauntorian Lyndel Sanders v. Arizona |
Arizona |
2019-01-07 |
Denied |
IFP |
constitutional-interpretation criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment precedent sixth-amendment supreme-court-precedent |
Whether Arizona follows the precedent of Simmons v. South Carolina, 512 U.S. 154 (1994), as set forth in Lynch v. Arizona, 136 S. Ct. 1818 (2016) |
| 18-7243 |
Javier Rojas-Cisneros v. United States |
Fifth Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
appeals civil-procedure civil-rights criminal-procedure due-process habeas-corpus notice-and-warning pro-se standing |
Whether the U.S. Court of Appeals for the Fifth Circuit failed to undertake the notice-and-warning requirement of a pro se filing as a 2255 motion as … |
| 18-7248 |
Vertis Anthony v. Louis Boyd, Warden, et al. |
Eleventh Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
appeals appellate-jurisdiction civil-procedure constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment judicial-bias jurisdiction probable-cause rules-of-civil-procedure standing subject-matter-jurisdiction warrantless-search |
Whether the U.S. Court of Appeals for the Eleventh Circuit erred in its rulings on the jurisdictional issues raised in the petition |
| 18-7249 |
John Doe v. United States |
Ninth Circuit |
2019-01-07 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3582 circuit-court-review criminal-procedure criminal-sentencing dillon-v-united-states federal-criminal-procedure federal-sentencing-guidelines judicial-discretion resentencing sentencing sentencing-modification statutory-interpretation |
Whether the holding in Dillon v. United States, 560 U.S. 817 (2010) applies to 18 U.S.C. § 3582(c)(1)(B) in the same manner it applies to 18 U.S.C. § … |
| 18-7257 |
Amadou Diakite v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-01-07 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection personnel policy sentencing standing |
Whether the prosecution of the petitioner violated the petitioner's constitutional rights |
| 18-7269 |
Larry Allison v. United States |
Eighth Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law conviction criminal-procedure double-jeopardy due-process judicial-review legal-procedure plea-bargaining sentencing statutory-interpretation |
Can one be sentenced for a crime to which no plea of guilty has been entered and no actual resulting conviction has been held? |
| 18-7270 |
Antonio Bryant v. Illinois |
Illinois |
2019-01-07 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process in-re-winship ineffective-assistance ineffective-assistance-of-counsel involuntary-confessions involuntary-statements people-v-bryant standard-of-proof sufficiency-of-evidence |
Whether the Illinois Appellate Court's decision in People v. Bryant is contradictory to this Court's decisions in In re Winship, Jackson v. Denno, and… |
| 18-7271 |
Richard Steven Johnson, Jr. v. Neil McDowell, Warden |
Ninth Circuit |
2019-01-07 |
Denied |
IFP |
confrontation-clause coy-v-iowa criminal-procedure cross-examination due-process fundamental-rights maryland-v-craig witness-testimony |
Whether the Ninth Circuit Court of Appeals violated petitioner's fundamental rights by ruling that the California Courts reasonably applied this Court… |
| 18-7272 |
Juan Pablo Arreola v. United States |
Second Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
cocaine-trafficking criminal-procedure criminal-procedure-evidence due-process evidence evidence-admission indictment-scope jury-instructions prosecutorial-misconduct sentencing standards-of-review |
Whether evidence of uncharged cocain trafficking was admitted erroneously |
| 18-7228 |
Dashawn D. Brown v. United States |
Fourth Circuit |
2019-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release |
Whether the sentencing court erred in admitting hearsay statements as excited utterances |
| 18-7230 |
Antwain D. Ashley v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process effective-assistance-of-counsel open-plea plea-bargaining sentencing sixth-amendment |
Whether Ashley Was Denied His Sixth Amendment Right to Effective Assistance of Counsel |
| 18-7231 |
Mark J. Avery v. United States |
Ninth Circuit |
2019-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial good-faith good-faith-defense money-laundering specific-intent trust trustee-liability wire-fraud |
Where the defendant, trustee of a private trust charged with wire fraud and money laundering based on his non-disclosure and misspending involving tru… |
| 18-7240 |
Charles Jermaine King, Jr. v. United States |
Fourth Circuit |
2019-01-04 |
Denied |
Response WaivedIFP |
career-offender constitutional-rights criminal-history criminal-procedure due-process guidelines habeas-corpus recidivism recidivist sentencing sentencing-guidelines statutory-interpretation |
Whether a defendant was properly treated as a recidivist? |
| 18-854 |
George Alvarez v. City of Brownsville, Texas |
Fifth Circuit |
2019-01-04 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
brady-disclosure brady-v-maryland criminal-defendant criminal-procedure due-process exculpatory-evidence monell-liability municipal-liability plea-agreement plea-bargaining united-states-v-ruiz |
Whether due process requires the government to disclose exculpatory evidence before entering a plea agreement with a criminal defendant |
| 18-856 |
Serge Antonin v. Baltimore Police Department |
Maryland |
2019-01-04 |
Denied |
Response Waived |
accardi-v-shaughnessy administrative-hearing administrative-law constitutional-law due-process evidence law-enforcement police-misconduct prejudice procedural-rights state-agency state-agency-regulations |
Whether United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954) is constitutional law binding upon the State of Maryland? |
| 18-7209 |
Daniel Oberacker v. Jeff Noble, Warden |
Sixth Circuit |
2019-01-03 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-procedure-criminal-procedure-due-process-hab civil-proceeding criminal-charge criminal-procedure due-process habeas-corpus parallel-proceedings sex-offender-classification statutory-limitation |
Whether a parallel civil proceeding may be merged and transformed into a criminal charge/issue at the appellate level |
| 18-7210 |
Gordon Prailow v. Maryland |
Maryland |
2019-01-03 |
Denied |
Response WaivedIFP |
automatic-reversal collateral-review constitutional-deficiency criminal-procedure due-process habeas-corpus jury-instructions jury-verdict reasonable-doubt retroactivity sixth-amendment watershed-rule |
Whether state collateral review courts must retroactively apply the watershed/bedrock procedural rule of automatic reversal to jury findings that are … |
| 18-836 |
Phil Miranda Luna v. Florida |
Florida |
2019-01-03 |
Denied |
Response Waived |
capital-sexual-battery criminal-procedure due-process entrapment internet-sting internet-sting-operation jury-instruction jury-instructions minor sexual-battery statutory-entrapment traveling-to-engage-sex-with-minor |
Whether due process is denied when a trial court refuses to instruct a jury on a statutory entrapment defense |
| 18-839 |
Pablo Colon v. Illinois |
Illinois |
2019-01-03 |
Denied |
Response Waived |
constitutional-rights criminal-procedure custodial-interrogation due-process fifth-amendment miranda miranda-rights police-procedure right-to-silence self-incrimination |
Whether the Fifth Amendment's Miranda guarantee requires police to inform a custodial suspect of his right to stop questioning at any time? |
| 18-842 |
Gilbert Mendez v. United States |
Sixth Circuit |
2019-01-03 |
Denied |
|
assistant-us-attorney attorney-misconduct criminal-procedure due-process fraud government-negligence jurisdiction subject-matter-jurisdiction us-attorney |
Whether the Court of Appeals erred by failing to recognize that a U.S. District Court lacks subject-matter jurisdiction over a criminal prosecution wh… |
| 18-7200 |
Dayvon Bryan Riley v. United States |
Fourth Circuit |
2019-01-02 |
Denied |
Response WaivedIFP |
actual-innocence equitable-analysis evidence evidence-claim federal-habeas habeas-corpus legal-sufficiency schlup-standard schlup-v-delo |
Whether a petitioner's claim in a federal habeas case that it is logically impossible that they committed an element of the offense is an actual innoc… |
| 18-7206 |
Christopher Thomas Kegler v. United States |
Ninth Circuit |
2019-01-02 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment constitutional-interpretation criminal-procedure due-process evidence legal-precedent miranda-rights search-and-seizure self-incrimination supreme-court-review |
Should this Court reconsider and reverse Schneckloth v. Bustamente |
| 18-7215 |
Salih Zeki Uces v. United States |
Eleventh Circuit |
2019-01-02 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fifth-amendment indictment-amendment international-kidnapping international-parental-kidnapping jury-instructions mens-rea parental-rights |
Whether the Eleventh Circuit violated Mr. Uces's rights under the Fifth Amendment |
| 18-7217 |
C. G., a Minor v. New Jersey |
New Jersey |
2019-01-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law constitutional-rights criminal-procedure due-process equal-protection jury-trial juvenile-justice state-law |
Does a state law that completely bans jury trials for juveniles charged with crimes violate the federal constitutional rights to a jury trial, due pro… |
| 18-7219 |
Jose Amador and Diana Mekaeil v. United States |
Tenth Circuit |
2019-01-02 |
Denied |
IFP |
appellate-review burden-of-proof circuit-split criminal-procedure due-process exclusionary-rule invited-error judicial-procedure legal-burden standard-of-review warrantless-search |
Whether a finding of invited error requires a finding of deliberateness |
| 18-7196 |
Edward Allen McElroy v. United States |
Ninth Circuit |
2018-12-28 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process faretta-hearing faretta-v-california pro-se-representation self-representation sentencing supervised-release waiver-of-counsel |
Where a defendant is charged in federal court with possession and production of child pornography, the maximum punishment for which carries a lifetime… |
| 18-7198 |
Julio Cruz v. David Hallenbeck, Superintendent, Hale Creek Correctional Facility |
Second Circuit |
2018-12-28 |
Denied |
Response WaivedIFP |
14th-amendment 8th-amendment affidavit civil-procedure civil-rights constitutional-rights criminal-procedure declaration due-process excessive-fines habeas-corpus in-forma-pauperis incorporation ineffective-assistance post-conviction-relief poverty redress |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment |
| 18-7199 |
Adelmo A. Fauntleroy v. Virginia |
Virginia |
2018-12-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-counsel incarceration ineffective-assistance-of-counsel reasonable-doubt right-to-counsel sixth-amendment |
Did the Court have sufficient evidence beyond a reasonable doubt to convict the petitioner under the Sixth Amendment |
| 18-821 |
David Keith Wills v. United States |
Fifth Circuit |
2018-12-28 |
Denied |
Relisted (2) |
constitutional-law criminal-procedure double-jeopardy dual-sovereignty fifth-amendment gamble-v-united-states supreme-court |
Whether the Court should overrule the dual sovereignty exception to the Fifth Amendment Double Jeopardy Clause |
| 18-7172 |
Tomas Marco Keen v. Washington |
Washington |
2018-12-27 |
Denied |
IFP |
brady-v-maryland constitutional-rights criminal-procedure disclosure due-process exculpatory-evidence plea-bargaining plea-negotiations prosecutorial-disclosure prosecutorial-misconduct |
Does the prosecutor have a duty to disclose exculpatory information relating to threatened--but not filed--charges during plea negotiations? |
| 18-7179 |
Trevelle J. Taylor v. Nebraska |
Nebraska |
2018-12-27 |
Denied |
IFP |
4th-amendment arrest-standards civil-rights confrontation-clause criminal-procedure due-process probable-cause reasonable-suspicion search witness-testimony |
Whether a person's mere proximity to others independently suspected of criminal activity, without more, gives rise to probable cause to search that pe… |
| 18-7180 |
Miguel Antonio Urquia-Melendez v. United States |
Fifth Circuit |
2018-12-27 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi case-law certiorari constitutional-interpretation constitutional-law criminal-procedure due-process judicial-review sentencing supreme-court-precedent |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 18-7183 |
Christopher Jude Martin v. United States |
Ninth Circuit |
2018-12-27 |
Denied |
Response WaivedIFP |
consequential-damages criminal-law criminal-valuation damages enhancements evidence legal-damages property-damage restitution restitution-order sufficiency-of-evidence valuation |
Whether there was sufficient evidence that the value of the items at the time that Mr. Martin damaged them was over $1,000? |
| 18-7185 |
Santos Orlando Diaz-Martinez v. United States |
Fifth Circuit |
2018-12-27 |
Denied |
Response WaivedIFP |
almendarez-torres-precedent constitutional-law criminal-law criminal-procedure due-process judicial-review precedent-reconsideration recidivism sentencing sentencing-enhancement stare-decisis statutory-interpretation supreme-court-precedent supreme-court-review |
Whether the Court should overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998) |
| 18-7190 |
Zachary Q. Wicks v. Jon H. Radnothy, et al. |
Florida |
2018-12-27 |
Denied |
IFP |
appeal constitutional-rights due-process evidence fourteenth-amendment judicial-procedure medical-malpractice statute-of-limitations testimony trial-court |
Did the trial court deny Petitioner's due-process rights when it refused to allow testimony or review evidence presented in support of Petitioner's as… |
| 18-7143 |
Derian Eidson v. United States |
Ninth Circuit |
2018-12-26 |
Denied |
Response WaivedIFP |
18-usc-1956 18-usc-1956-a-3 criminal-law criminal-procedure criminal-statute federal-prosecution government-sting money-laundering proceeds-definition specified-unlawful-activity statutory-interpretation |
Whether the criminal prohibitions against money laundering contained in 18 U.S.C. § 1956(a)(1) based on financial transactions that 'in fact involvel]… |
| 18-7167 |
Cornelius Tyrone Kirsh v. Louisiana |
Louisiana |
2018-12-26 |
Denied |
Response WaivedIFP |
aggravated-flight burden-of-proof criminal-procedure double-jeopardy due-process habitual-offender insufficient-evidence involuntary-statements reasonable-doubt sufficiency-of-evidence |
Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Kirsh is guilt |
| 18-7169 |
Steve L. Wright, Jr. v. United States |
Eighth Circuit |
2018-12-26 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment juvenile-sentencing life-without-parole meaningful-opportunity-for-release ongoing-offense retroactivity sentencing-mitigation term-of-years term-of-years-sentence |
Whether courts must consider juvenile conduct as a mitigating sentencing factor for an ongoing offense |
| 18-7170 |
Jonathan Yancey v. Alabama |
Alabama |
2018-12-26 |
Denied |
IFP |
civil-procedure criminal-procedure due-process effective-assistance-of-counsel equal-protection exculpatory-evidence first-amendment ineffective-assistance-of-counsel sixth-amendment standing takings |
Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to investigate and presen… |
| 18-7139 |
James Castleman Gipson v. United States |
Fifth Circuit |
2018-12-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof circuit-split criminal-procedure due-process judicial-review presentence-report sentencing |
Whether factual findings of a Presentence Report (PSR) that result in a higher sentence must be proven by the government in the face of objection |
| 18-7141 |
Luis Rey Gonzalez v. United States |
Fourth Circuit |
2018-12-21 |
Denied |
Response WaivedIFP |
constitutional-analysis constitutional-law criminal-law criminal-procedure due-process judicial-review legal-precedent overruling precedent recidivism sentencing stare-decisis statutory-interpretation supreme-court-precedent |
Should this Court overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998)? |
| 18-7147 |
Abasi Akeem Smith v. United States |
Eleventh Circuit |
2018-12-21 |
Denied |
Response WaivedIFP |
18-usc-111 18-usc-1114 criminal-procedure federal-officer federal-task-force law-enforcement official-duties state-law-enforcement statutory-interpretation |
Whether a state law enforcement officer, who has also been made a member of a federal task force, qualifies as a federal agent when he is acting in th… |
| 18-7165 |
Drakile Leroy Jones v. Michigan |
Michigan |
2018-12-21 |
Denied |
IFP |
confrontation-clause crawford-precedent crawford-v-washington criminal-procedure due-process evidence michigan-supreme-court sixth-amendment standing state-court-appeal supervisory-power williamson-v-united-states |
Whether the decision of the Michigan Court of Appeals conflicts with Crawford v. Washington? |
| 18-7133 |
Paul Burks v. United States |
Fourth Circuit |
2018-12-20 |
Denied |
Response WaivedIFP |
civil-procedure criminal-law criminal-procedure criminal-tax due-process elements federal-courts federal-prosecution indictment indictment-elements pretrial-motion statutory-interpretation substantive-law tax-law uncertainty |
Whether the substantial existence of uncertainty in the governing substantive tax law is irrelevant to the determination of a pretrial motion to dismi… |
| 18-7134 |
Lindsey Brooke Lowe v. Tennessee |
Tennessee |
2018-12-20 |
Denied |
Response WaivedIFP |
bouie-v-city-of-columbia criminal-procedure due-process ex-post-facto exclusionary-rule good-faith-exception judicial-decision-making retroactive-application rogers-v-tennessee |
Whether the limitations on ex post facto judicial decision-making that this Court recognized in Bouie v. City of Columbia and Rogers v. Tennessee, and… |
| 18-7137 |
Jamie R. Madrigal v. Ohio |
Ohio |
2018-12-20 |
Denied |
IFP |
14th-amendment 5th-amendment brady-v-maryland brady-violation constitutional-rights conviction criminal-procedure due-process evidence ineffective-assistance res-judicata statutory-interpretation |
May withholding exculpatory and impeaching evidence be disregarded and/or used to obtain or sustain a conviction? |
| 18-7138 |
Antonio Alvarez-Moreno v. United States |
Ninth Circuit |
2018-12-20 |
Denied |
Response WaivedIFP |
civil-rights constitutional-vagueness criminal-procedure due-process firearms law-enforcement-notification sentencing-guidelines supervised-release vagueness weapon-possession |
Are these conditions unconstitutionally vague? |
| 18-7145 |
William Sadowski v. Randy Grounds, Warden |
Ninth Circuit |
2018-12-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process fair-trial impartial-jury jury-impartiality police-presence |
Whether the presence of uniformed police officers during a trial involving the death of a police officer violates a criminal defendant's right to due … |
| 18-7150 |
Daniel Hostetler v. Kentucky |
Kentucky |
2018-12-20 |
Denied |
Response WaivedIFP |
brady-violation brady-violation-suppression circuit-split constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea plea-agreement prosecutorial-misconduct suppression |
Whether material exculpatory evidence is unconstitutionally suppressed when the defense is made aware its existence and its content, but is later inco… |
| 18-7152 |
Yosnel Bonet v. United States |
Eleventh Circuit |
2018-12-20 |
Denied |
IFP |
commerce-clause criminal-law criminal-procedure federal-power federal-prosecution firearm-possession firearms intrastate intrastate-commerce legal-authority possession second-amendment standing supreme-court-review |
Whether 18 U.S.C. § 922(g)(1) is facially unconstitutional because it exceeds Congress's authority under the Commerce Clause, and is unconstitutional … |
| 18-7154 |
John Visconti v. United States |
Ninth Circuit |
2018-12-20 |
Denied |
Response WaivedIFP |
boulware-precedent boulware-v-united-states corporate-fraud corporate-governance corporate-stock criminal-law criminal-procedure distribution-interpretation legal-classification return-of-capital securities-law shareholder-rights statutory-interpretation stock-distribution tax-evasion unlawful-diversion |
Whether an unlawful diversion may be deemed a 'distribution . . . with respect to [a corporation's] stock,' the question expressly left open in Boulwa… |
| 18-7089 |
Esau Milliner v. Kathy Litteral, Warden |
Sixth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
appeal-waiver closing-argument confession constitutional-rights criminal-procedure due-process first-degree-burglary ineffective-assistance-of-counsel initial-aggressor procedural-bar right-to-appeal right-to-testify self-defense trial-counsel |
Effective-assistance-of-counsel |
| 18-7095 |
Miguel Robinson v. United States |
Sixth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
4th-amendment circumstances circumstantial-evidence criminal-procedure drug-trafficking due-process fourth-amendment probable-cause reasonable-search rigid-legal-rules rule-of-law search search-and-seizure search-warrant |
Did the Court of Appeals violate the principle that rigid legal rules are ill-suited to an analysis of probable cause by relying on a rule to find a m… |
| 18-7101 |
John Samuel Ghobrial v. California |
California |
2018-12-19 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact that serves to increa… |
| 18-7104 |
Axel Irizarry-Rosario v. United States |
First Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process government-misconduct government-obligation government-obligations judicial-ethics plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-argument statutory-interpretation |
Whether the government may avoid its obligation to scrupulously observe the terms of a plea agreement by including in its sentencing argument informat… |
| 18-7106 |
Ramiro Plascencia-Orozco v. United States |
Ninth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
appeal breach breach-of-contract commerce-clause constitutional-violation criminal-procedure double-jeopardy due-process eleventh-amendment judicial-power plea-agreement sentencing |
Whether the District Court Erred When it Declared, Petitioner Breached His 2011 Plea Agreement and Thus Allowed the Government to go Forward on Charge… |
| 18-7107 |
Naeem-Lateef Odums v. United States |
Fourth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
5th-amendment-due-process,6th-amendment-right-to-c 5th-amendment-due-process,sentencing-discretion,me 6th-amendment attorney-client-privilege criminal-procedure due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-of-counsel intentional-deception mental-health-evaluation sentencing sixth-amendment |
Does it violate the 6th Amendment right to effective-assistance-of-counsel when a defendant's lawyer intentionally-deception |
| 18-7109 |
Tshombe Miller v. Ohio |
Ohio |
2018-12-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-charging criminal-law criminal-procedure double-jeopardy due-process juror-consensus jury-consensus ohio-constitution rape-allegations united-states-constitution |
Is 'carbon copy' charging of multiple allegations of rape violative of due process and/or double jeopardy pursuant to the United States and Ohio Const… |
| 18-7110 |
James M. Flinn v. Mike Parris, Warden |
Sixth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fourteenth-amendment indictment indictment-allegations insufficient-evidence jury-instructions reasonable-doubt sufficiency-of-evidence |
Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause |
| 18-7119 |
Stanley Grigsby v. Louisiana |
Louisiana |
2018-12-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-justice criminal-procedure cruel-and-unusual-punishment due-process excessive-sentence judicial-error jurisdiction louisiana-law sentencing sentencing-review subject-matter-jurisdiction |
Whether the Louisiana Court's have erred in determining that the sentence was not excessive? |
| 18-7123 |
Derrick Michael Allen, Sr. v. United States |
Fourth Circuit |
2018-12-19 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
criminal-defendant criminal-law criminal-procedure due-process firearm-possession firearms legal-knowledge mens-rea second-amendment statutory-interpretation statutory-offense |
Whether 18 U.S.C. §§ 922(g) and 924 require the government to prove a criminal defendant's mens rea as to each substantive element of the enumerated s… |
| 18-7124 |
Ruben Geovanni Hernandez v. Texas |
Texas |
2018-12-19 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process fishing-expedition fourth-amendment law-enforcement reasonable-suspicion scope-of-detention search-and-seizure traffic-stop vehicle-search |
Does the Fourth Amendment protect against a 'fishing expedition' to develop 'reasonable suspicion' to exceed the scope of an initial stop in order to … |
| 18-7130 |
Matthew G. Alden, Jr. v. Massachusetts |
Massachusetts |
2018-12-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-charges criminal-charges-text-messages criminal-procedure due-process ineffective-assistance jury-instructions preponderance-of-evidence preponderance-of-the-evidence proof-beyond-reasonable-doubt reasonable-doubt right-to-acquittal structural-error text-message-evidence text-messages |
Whether the government's use of a preponderance-of-the-evidence standard to prove that the defendant sent text messages violates the defendant's right… |
| 18-7074 |
Gennaro Mattiaccio v. United States |
Fourth Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure double-jeopardy due-process jurisdiction prosecutorial-misconduct sentencing sufficiency-of-evidence |
Whether the evidence was insufficient to sustain the convictions on Count 3 |
| 18-7075 |
Patrick Martinez v. Texas |
Texas |
2018-12-18 |
Denied |
IFP |
criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper parole parole-eligibility plea-bargaining reasonable-probability sixth-amendment |
Whether the decision below is irreconcilable with Lafler v. Cooper and the reasonable probability standard for analyzing prejudice in ineffective assi… |
| 18-7076 |
Evelyn Person v. United States |
Second Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
appellate-review circuit-split conspiracy criminal-procedure due-process inconsistent-verdicts jury-instructions jury-verdict legal-conflict narcotics narcotics-conspiracy special-interrogatories |
Whether the Second Circuit's failure to vacate the verdict of guilt rendered against Petitioner in the narcotics conspiracy count based upon an irreco… |
| 18-7078 |
Joseph O'Shaughnessy, aka Joseph D. O'Shaughnessy v. United States |
Ninth Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver criminal-procedure due-process involuntary-plea judicial-review ninth-circuit-procedure plea-bargaining plea-voluntariness voluntariness waiver |
Whether the Ninth Circuit properly dismissed the appeal without articulating the factors it found to base its conclusion that the plea and waiver were… |
| 18-7079 |
Franklyn Morillo v. United States |
First Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-waiver certiorari controlled-substances criminal-procedure district-court due-process first-impression first-impression' 'Should certiorari be granted i judicial-discretion knowing-intelligent-voluntary legal-standard plea-bargaining procedural-rights role-enhancement sentencing sentencing-guidelines standard-of-review' 'Should certiorari be granted |
Should certiorari be granted to decide whether a district court can only ask a Petitioner a single question about an appellate waiver, even though tha… |
| 18-7080 |
Yusufu Danmola v. United States |
Fifth Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
civil-rights constitution constitution-law constitutional-interpretation court-jurisdiction criminal-procedure due-process judicial-review legal-enforcement separation-of-powers standing statutory-interpretation uniform-commercial-code |
Is the Court Allowed to Enforce a Law not in Pursuance with the Constitution? |
| 18-7087 |
Daniel Lopez v. United States |
Tenth Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
circuit-court-conflict circuit-court-split circuit-split criminal-procedure due-process judicial-review plain-error plea-agreement prosecutorial-misconduct |
Whether the District Court committed plain error by allowing the prosecutor to commit prosecutorial misconduct by breaching the plea agreement |
| 18-772 |
Erasmo Aviles, Jr. v. United States |
Fifth Circuit |
2018-12-18 |
Denied |
|
compulsory-process constitutional-rights criminal-procedure due-process exculpatory-evidence exculpatory-testimony government-interests immunity prosecutorial-misconduct self-incrimination witness-immunity |
Does due process require a court to compel the government, on pain of dismissal, to seek immunity for an essential defense witness if government's int… |
| 18-7039 |
Alexander Ndaula v. United States |
First Circuit |
2018-12-17 |
Denied |
Response WaivedIFP |
18-usc-3553 5th-amendment 6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidentiary-hearing loss-amount sentencing sentencing-enhancement statutory-interpretation |
Whether the 5th and 6th Amendments require an evidentiary hearing on disputed sentencing factors and an adequate explanation for an enhanced sentence … |
| 18-7050 |
Javier Portillo v. United States |
Ninth Circuit |
2018-12-17 |
Denied |
Response WaivedIFP |
border-crossing border-search criminal-evidence criminal-procedure drug-trafficking due-process evidence jury knowledge-standard mens-rea narcotics-possession ninth-circuit standard-of-proof sufficiency-of-evidence trial-sufficiency |
Whether the Ninth Circuit's analysis of the facts was inadequate |
| 18-7058 |
Jose Joaquin Ramirez v. City of New York, New York, et al. |
Second Circuit |
2018-12-17 |
Denied |
Response WaivedIFP |
8th-amendment bail-denial civil-rights constitutional-rights criminal-procedure due-process felony flight-risk mental-health pretrial-detention |
Whether the denial of bail for over 15 months on an individual who has no documented history of felony, prior acts of violence, and no history of flig… |
| 18-7065 |
Fabio Porfirio Lobo v. United States |
Second Circuit |
2018-12-17 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law constitutional-rights criminal-procedure district-court due-process inaccurate-information judicial-discretion life-sentence sentencing |
Whether Petitioner's due process rights were violated when the United States District Court relied on inaccurate information sentencing him to a defac… |
| 18-7069 |
John Ludovici v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2018-12-17 |
Denied |
IFP |
14th-amendment brady-violation constitutional-violation criminal-procedure discovery due-process material-evidence misconduct prosecutorial-misconduct |
Did the Commonwealth commit misconduct when it intentionally withheld various forms of material evidence in violation of the 14th Amendment? |
| 18-7072 |
Kenneth Harper v. United States |
Second Circuit |
2018-12-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process guilty-plea harmless-error judicial-error plea-bargaining plea-colloquy rule-11 sentencing-guidelines |
Has United States v. Vonn, 535 U.S. 55 (2005), and its progeny stripped the Courts of Appeal of the ability to meaningfully supervise the plea colloqu… |
| 18-7035 |
Eminiano A. Reodica v. United States |
Ninth Circuit |
2018-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure district-court evidentiary-hearing federal-rules-of-criminal-procedure guilty-plea motion-to-withdraw plea-withdrawal rule-11 |
Whether Federal Rule of Criminal Procedure 11(d) governing motions to withdraw a guilty plea establishes a liberal standard which precludes the distri… |
| 18-7038 |
William Owens v. Texas |
Texas |
2018-12-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence material-evidence police-report prosecutorial-misconduct victim-credibility |
whether-state-withheld-material-evidence |
| 18-7047 |
Anthony Casanova v. Michigan |
Michigan |
2018-12-14 |
Denied |
IFP |
criminal-procedure custodial-confession custodial-interrogation due-process fifth-amendment interrogation involuntary-confession miranda-rights self-incrimination |
Did the trial court's admission of Anthony Casanova's custodial confession deprive him of his Fifth Amendment right against compelled self-incriminati… |
| 18-7053 |
Kevin Scott Varner v. John Christiansen, Warden |
Sixth Circuit |
2018-12-14 |
Denied |
IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment habeas-corpus state-court state-court-litigation state-court-review stone-v-powell |
What constitutes an opportunity for full and fair litigation of a Fourth Amendment claim in state court? |
| 18-7056 |
David Leonard Johnson v. California |
California |
2018-12-14 |
Denied |
IFP |
california-law criminal-law criminal-procedure criminal-procedure-lesser-included-offense descamps-standard due-process jury-instructions lesser-included-offense prejudicial-error prior-convictions receiving-stolen-property robbery |
Is the crime of receiving stolen property a lesser included offense of robbery, and if so, was the trial court's failure to instruct on receiving stol… |
| 18-763 |
Chaka Fattah, Sr. v. United States |
Third Circuit |
2018-12-14 |
Denied |
|
6th-amendment circuit-split criminal-procedure deliberations due-process evidence judicial-discretion juror-removal jury-unanimity misconduct-standard standard-of-review |
Whether a district court must determine that there is no possibility that allegations of juror misconduct stem from the juror's view of the evidence t… |
| 18-764 |
Oscar Henry Steinmetz v. United States |
Eighth Circuit |
2018-12-14 |
Denied |
Response Waived |
4th-amendment civil-rights consent consent-search constitutional-rights criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure |
Does the law regarding searches, seizures, and consent need clarification for proper guidance and application? |
| 18-7024 |
Jacques Villafana v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2018-12-13 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge destruction-of-evidence due-process evidence evidence-destruction notice notice-requirement post-trial post-trial-procedure statutory-interpretation |
Whether the Virginia statutes, when applied in Petitioner's case, that allow for the destruction of evidence — post-trial — without notice are unconst… |
| 18-7028 |
Jameel Simpson v. James Erkerd, et al. |
Third Circuit |
2018-12-13 |
Denied |
Response WaivedIFP |
actual-innocence conflict-of-interest constitutional-rights criminal-defense criminal-procedure effective-assistance effective-assistance-of-counsel prejudice sixth-amendment wrongful-conviction |
Petitioner was denied effective assistance of counsel due to conflict of interest |
| 18-7029 |
Jorge Ruelas-Martinez v. United States |
Fifth Circuit |
2018-12-13 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-7001 |
In Re Michael Kennedy |
|
2018-12-12 |
Dismissed |
IFP |
civil-procedure civil-rights constitutional-rights court-of-appeals criminal-procedure due-process federal-courts federal-jurisdiction free-speech habeas-corpus pleadings standing |
Whether the lower federal courts erred in dismissing petitioner's claims without allowing him to file any pleadings |
| 18-7004 |
Miguel Rodriguez-Garcia v. United States |
Fifth Circuit |
2018-12-12 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion plain-error remand sentencing statutory-interpretation statutory-maximum substantial-rights |
Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand … |
| 18-7005 |
Denis Aviles Salguero v. United States |
Ninth Circuit |
2018-12-12 |
Denied |
Response WaivedIFP |
appellate-review child-pornography constitutional-law criminal-law criminal-procedure double-jeopardy fifth-amendment sentencing |
Whether Petitioner's convictions for receipt and possession of child pornography violated the Double Jeopardy Clause of the Fifth Amendment |
| 18-7009 |
Jimmy Davis v. United States |
Third Circuit |
2018-12-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure notice notice-requirement procedural-due-process supervised-release third-circuit |
Whether Mr. Davis was denied procedural due process |
| 18-6968 |
Alejandro Quinones Leyva v. United States District Court for the District of South Carolina |
Fourth Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure ineffective-assistance ineffective-assistance-of-counsel language-barriers notice-of-appeal plea-bargaining prejudice right-to-counsel sentencing sentencing-rights sixth-amendment |
Whether the defendant received ineffective assistance of counsel due to counsel's failure to file a notice of appeal |
| 18-6975 |
Roy Arlen Van Nortrick v. Louisiana |
Louisiana |
2018-12-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process duress duress-inducements-promises involuntary-statements judicial-error jury-instructions reasonable-doubt |
Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Van Nortrick is guilty |
| 18-6978 |
Ronald Fermin Mascarena v. Montana |
Montana |
2018-12-11 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federal-rights right-to-speedy-trial speedy-trial state-rights |
Whether the Montana State Supreme Court violated the petitioner's federal right to a speedy trial |
| 18-6980 |
Traveon Shaquille Martin v. United States |
Fourth Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility clear-error criminal-procedure district-court offense-level sentencing-guidelines u.s.s.g-3e1.1 |
Whether the district court clearly erred in denying a three-level reduction in Petitioner's offense level for acceptance of responsibility under U.S.S… |
| 18-6983 |
Sholam Weiss v. United States |
Eleventh Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
and a Certificate of Appealability should have is where the government had committed itself to pros adversary-system adverse-positions certificate-of-appealability criminal-procedure due-process grand-jury prosecutorial-commitment prosecutorial-discretion right-to-counsel |
Whether Mr. Weiss was denied his right to conflict-free counsel during grand jury proceedings |
| 18-6986 |
Nathan Lynn Cloud v. United States |
Ninth Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule fourth-amendment intergovernmental-agreements law-enforcement law-enforcement-agreements nevada-v-hicks service-of-process tribal-sovereignty |
Does the tribal criminal defendant have Fourth Amendment rights when state law enforcement violates an agreement with the tribe regarding criminal ser… |
| 18-6991 |
Julius King Rambo, III v. Kansas |
Tenth Circuit |
2018-12-11 |
Denied |
IFP |
civil-rights constitutional-law constitutional-rights corpus-delecti corpus-delicti criminal-intent criminal-law criminal-procedure due-process evidence falsification-of-evidence perjury statutory-interpretation |
Whether it is legal, lawful, and constitutional for states to manipulate distinctly explained statutes in order to present charges |
| 18-6995 |
Ashley Owens v. United States |
Fifth Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
co-defendant co-defendant-disparity criminal-procedure due-process equal-protection loss-calculation plea-agreement sentencing |
Did the Lower Courts violate the Due Process Clause when they sentenced Owens based on an unproven and inflated loss? |
| 18-744 |
Mark Unger v. David Bergh, Warden |
Sixth Circuit |
2018-12-11 |
Denied |
|
criminal-procedure due-process effective-assistance-of-counsel expert-testimony habeas-corpus ineffective-assistance-of-counsel junk-science sixth-amendment |
Whether the Sixth Amendment guarantee of effective assistance of counsel is violated when counsel fails to expose junk science that sends his client t… |
| 18-6953 |
Jesus Jaime Jimenez v. Texas |
Texas |
2018-12-10 |
Denied |
IFP |
14th-amendment 6th-amendment actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect post-conviction-writ texas-constitution |
Whether the Trial Court, as well as, the Court of Criminal Appeals of Texas, abused their discretion (violating Applicants Constitutional Rights) by f… |
| 18-6976 |
Joseph Lochuch Ewalan v. Washington |
Washington |
2018-12-10 |
Denied |
IFP |
criminal-procedure criminal-trial double-jeopardy due-process evidentiary-basis jury-instruction jury-instructions lesser-included-offense standard-of-review state-court sufficiency-of-evidence united-states-v-dixon |
Whether the state trial court erred when it failed to instruct the jury on a lesser included offense when the evidence in the case supports an inferen… |
| 18-6977 |
James Edward Mitchell v. California |
California |
2018-12-10 |
Denied |
IFP |
california california-law constitution constitutional-law constitutional-violation criminal-law criminal-procedure due-process inhabitance-standard jury-instruction jury-instructions residential-burglary statutory-interpretation |
Does the standard jury instruction for residential burglary in California violate the United States Constitution where it fails to convey that the 'di… |
| 18-6938 |
Jarrod Phillips v. Rusty Washburn, Warden |
Sixth Circuit |
2018-12-07 |
Denied |
Response WaivedIFP |
appeal appellate-procedure boykin-precedent boykin-v-alabama civil-rights constitutional-review constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines fourteenth-amendment incorporation ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining strickland-standard strickland-v-washington |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-6941 |
John Leslie Chapman v. Robert Lampert, Director, Wyoming Department of Corrections, et al. |
Wyoming |
2018-12-07 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process fourteenth-amendment judicial-discretion legal-advisement plea-bargaining sentencing void-judgment |
Whether the strictures of Federal Rules of Criminal Procedure Rule 11 and the Fourteenth Amendment due process were met concerning personal advisement… |
| 18-6950 |
Jason Wayne McBride v. Texas |
Texas |
2018-12-07 |
Denied |
IFP |
5th-amendment amendment civil-rights constitutional-law criminal-intent criminal-procedure double-jeopardy due-process indictment-amendment mens-rea speedy-trial statutory-interpretation texas-penal-code |
Did the state decide an important Constitutional Double Jeopardy violation that conflicted with another Court and the Supreme Court? |
| 18-6951 |
Jamal Cooper v. United States |
Sixth Circuit |
2018-12-07 |
Denied |
Response WaivedIFP |
18-usc-2518 4th-amendment congressional-intent consent-requirements criminal-procedure exclusionary-rule fourth-amendment franks-v-delaware necessity-requirement omnibus-crime-control-act probable-cause separate-application statutory-interpretation wiretap-application wiretap-necessity wiretap-statute |
Is 18 U.S.C. § 2518 (1) (ce) a statutory provision that reflects Congress' core concerns and does § 2518 (1)(c) require that each request for a wireta… |
| 18-6954 |
Steven Scott Wells v. California |
California |
2018-12-07 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process evidentiary-standards expert-testimony fingerprint-analysis fingerprint-evidence forensic-evidence judicial-review scientific-methodology |
Does a fingerprint expert's testimony that two fingerprints 'match' have any evidentiary value if the expert provides no explanation for that conclusi… |
| 18-6959 |
Glenn Lloyd Kingham v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-07 |
Denied |
IFP |
4th-amendment actual-prejudice assistance-of-counsel civil-rights competency constitutional-rights criminal-procedure due-process exclusionary-rule habeas-corpus judicial-review post-conviction probable-cause procedural-rules search-and-seizure |
Whether arbitrary government intrusion violates the Fourth Amendment by means of unlawful search and seizure without probable cause |
| 18-6960 |
Craig Mack v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-07 |
Denied |
IFP |
civil-procedure civil-rights due-process free-speech standing takings civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct sentencing |
Whether the petitioner's constitutional rights were violated by errors in his criminal trial and sentencing proceedings |
| 18-6961 |
In Re Michael D. Johnson |
|
2018-12-07 |
Denied |
IFP |
6th-amendment constitutional-law criminal-procedure due-process jury-reduction jury-selection right-to-counsel sixth-amendment |
Does the Sixth Amendment demand the assistance of counsel for a defendant during jury selection or jury reduction? |
| 18-6962 |
In Re Walter E. Kostich |
|
2018-12-07 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process equal-protection jurisdiction magistrate-jurisdiction statutory-interpretation statutory-requirements |
Whether the State prosecution or Courts has the authority to prosecute a criminal case in the absence of a statutory required signed 'Bind-Over Order'… |
| 18-6964 |
Henry L. Wallace v. United States |
District of Columbia |
2018-12-07 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure criminal-procedure-defects double-jeopardy due-process indictment-amendment ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect jury-instruction jury-instructions prosecutorial-misconduct standing |
Whether a jurisdiction defective indictment can be procedurally or time bar adjudication |
| 18-6967 |
Michael Danilovich, aka Sealed Defendant 2, aka Mike Daniels, aka Fat Mike, aka Mike D v. United States |
Second Circuit |
2018-12-07 |
Denied |
Response WaivedIFP |
appointment-of-counsel civil-rights criminal-procedure due-process indigent-defendant legal-representation qualified-reappointment reappointment-of-counsel right-to-counsel sixth-amendment |
Whether an indigent defendant has a qualified right to reappointment of counsel |
| 18-6920 |
Clyde Retiz v. United States |
Fifth Circuit |
2018-12-06 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining reasonable-sentence sentencing sentencing-factors sentencing-guidelines statutory-interpretation |
Whether facts that alter the range of 'reasonable' federal sentences must be pleaded in the indictment in federal cases? |
| 18-6927 |
In Re Jerry Urbina |
|
2018-12-06 |
Denied |
IFP |
abuse-of-discretion criminal-procedure criminal-sentencing federal-courts judicial-discretion plea-agreement plea-bargaining retroactivity rule-11 sentencing-amendment sentencing-guidelines sentencing-reform statutory-interpretation |
Whether the lower courts abused their discretion by denying petitioner Urbina relief under the 782 Amendment due to his being the beneficiary of a Rul… |
| 18-6934 |
Bobby Evans v. United States |
Fourth Circuit |
2018-12-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing drug-treatment federal-procedure purposes-of-supervised-release revocation sentencing supervised-release |
Whether revoking the supervised release term of a defendant who is in need of drug treatment, after he initially failed in a drug treatment program, i… |
| 18-6935 |
Joshua Donald Ewing v. United States |
Sixth Circuit |
2018-12-06 |
Denied |
Response WaivedIFP |
criminal-evidence criminal-procedure drug-transaction due-process electronic-device-evidence evidence jackson-v-virginia registration standard-of-proof user-identification |
Whether this Court's Opinion in Jackson v. Virginia, 443 U.S. 307, 319 (1979) needs updating to address what constitutes sufficient evidence, in ident… |
| 18-6940 |
Dalray Kwane Andrews v. Warren L. Montgomery, Warden |
Ninth Circuit |
2018-12-06 |
Denied |
IFP |
appellate-review criminal-procedure dilatory faretta-right faretta-v-california habeas-corpus self-representation sixth-amendment timeliness trial-court |
Whether the Ninth Circuit erred in holding that Faretta clearly established a requirement that a request for self-representation must be made at least… |
| 18-6945 |
William Nathaniel Washington v. Scott Frauenheim, Warden |
Ninth Circuit |
2018-12-06 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure criminal-prosecution due-process evidence-fabrication fabricated-evidence false-evidence law-enforcement law-enforcement-misconduct miranda-waiver |
If there exist authentic uncontradicted testimonial evidence in the record of a criminal proceedings that proves that a member of a law enforcement ag… |
| 18-6946 |
Sergio Louis Trevino v. Texas |
Texas |
2018-12-06 |
Denied |
Response WaivedIFP |
appeal appeal-rights constitutional-challenge criminal-procedure due-process plea-bargaining presentencing-waiver right-to-appeal sentencing sentencing-procedure waiver waiver-of-appeal waiver-validity |
Can a presentencing waiver of appeal be knowingly and intelligently entered when potential errors cannot be anticipated and the consequences of the wa… |
| 18-6948 |
William Gavidia v. United States |
Fourth Circuit |
2018-12-06 |
Denied |
Response WaivedIFP |
civil-rights common-heritage crimes-of-violence criminal-indictment criminal-procedure due-process enterprise indictment pattern-of-activity pattern-of-racketeering racketeering racketeering-activity |
Whether those of common heritage constitute an enterprise that should be indicted and tried together and any crimes of violence they commit constitute… |
| 18-6910 |
Elseddig Elmarioud Musa v. United States |
Ninth Circuit |
2018-12-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-sufficiency fraud-allegations judicial-discretion jury-instructions motion-for-acquittal prosecutorial-misconduct rule-29-motion sufficiency-of-evidence |
Whether the district court improperly denied Musa's Rule 29 motion |
| 18-6917 |
Rodolfo Portela v. United States |
Eleventh Circuit |
2018-12-04 |
Denied |
Response WaivedIFP |
appeal competency-hearing conspiracy controlled-substance controlled-substances criminal-procedure criminal-procedure-sentencing drug-conspiracy drug-trafficking evidence-suppression firearm-possession sentencing sentencing-guidelines sufficiency-of-evidence |
Whether the district court erred in finding sufficient evidence of conspiracy to possess with intent to distribute a controlled substance |
| 18-6894 |
David Crosby v. United States |
Ninth Circuit |
2018-12-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process evidence improper-vouching judicial-precedent legal-standard prosecutorial-misconduct |
Whether the Ninth Circuit's holding conflicts with the Seventh Circuit's and this Court's precedent as it concerns improper vouching |
| 18-6897 |
Victor Solorzano Tavia v. United States |
Eleventh Circuit |
2018-12-03 |
Denied |
Response WaivedIFP |
blakely-rule consecutive-sentences criminal-procedure double-jeopardy grade-c-violation illegal-reentry sentencing sentencing-guidelines statutory-maximum supervised-release |
Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy |
| 18-6902 |
Scott Mansfield v. Florida |
Florida |
2018-12-03 |
Denied |
IFP |
criminal-conviction criminal-procedure death-penalty death-sentence due-process fact-finding findings-of-fact jury-findings jury-instructions notice procedural-due-process sentencing unnoticed-defendant |
Whether a conviction and death sentence may stand where a jury made no specific findings of fact that subjected an unnoticed individual to conviction … |
| 18-6905 |
Thomas Thadeus Szczerba v. United States |
Eighth Circuit |
2018-12-03 |
Denied |
IFP |
affidavit-incorporation criminal-procedure exclusionary-rule fourth-amendment good-faith-exception incorporation-of-affidavit search-and-seizure warrant-incorporation warrant-particularity warrant-particularization |
Does the Leon 'good-faith exception' to the exclusionary rule apply when a warrant fails to particularize the 'things to be seized' and fails to conta… |
| 18-6884 |
Isaiah Glenndell Tryon v. Oklahoma |
Oklahoma |
2018-11-30 |
Denied |
IFP |
aggravating-factors appellate-review criminal-procedure death-penalty hurst-v-florida jury-trial mitigating-circumstances ring-v-arizona sixth-amendment |
Whether the Sixth Amendment prohibits a state appellate court from reweighing aggravating and mitigating circumstances and determining that death is t… |
| 18-6885 |
Stephen Anthony Marquez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-11-30 |
Denied |
IFP |
business-records confrontation-clause constitutional-amendments crawford-v-washington criminal-procedure due-process fourteenth-amendment medical-records sixth-amendment |
Does Due Process to cross-examine still apply in all criminal cases? |
| 18-6889 |
Stephen Todd Booker v. Florida |
Florida |
2018-11-30 |
Denied |
IFP |
apprendi-v-new-jersey criminal-procedure death-penalty death-penalty-sentencing eighth-amendment equal-protection fourteenth-amendment hurst-retroactivity montgomery-v-louisiana retroactivity |
Does the partial retroactivity formula for Hurst v. Florida violate the Eighth and Fourteenth Amendments? |
| 18-708 |
Robert L. Bertram, Jr., Bryan S. Wood, Robin G. Peavler, James W. Bottom, and Brian C. Walters v. United States |
Sixth Circuit |
2018-11-30 |
Denied |
Response Waived |
common-sense criminal-intent criminal-procedure due-process duty fraud insurance insurance-fraud materiality sixth-circuit |
Did the court unlawfully affirm convictions on a negligence theory? |
| 18-6873 |
Angela Armenta v. United States |
Seventh Circuit |
2018-11-29 |
Denied |
Response WaivedIFP |
5th-amendment-6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fifth-amendment jury reasonable-doubt sentencing sixth-amendment |
Is the absence of evidence probative evidence of proof beyond a reasonable doubt? |
| 18-6875 |
Kendall Thrift v. United States |
Ninth Circuit |
2018-11-29 |
Denied |
Response WaivedIFP |
affidavit circuit-conflict circuit-split criminal-procedure evidentiary-hearing false-statements franks-hearing franks-v-maryland magistrate-judge ninth-circuit omissions search-and-seizure substantial-showing warrant-challenge |
Whether the Court should grant certiorari because the Ninth Circuit's decision that defendant Kendall Thrift had not made a substantial preliminary sh… |
| 18-6876 |
Pierre Donte Joshlin v. Dwight Neven, Warden, et al. |
Ninth Circuit |
2018-11-29 |
Denied |
IFP |
constitutional-law criminal-procedure davis-v-ayala federal-habeas federal-review habeas-corpus harmless-error ninth-circuit supreme-court |
Whether the Ninth Circuit properly applied the federal habeas harmless error analysis in light of this Court's recent decision in Davis v. Ayala, 135 … |
| 18-6880 |
Jason A. Lenz v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-11-29 |
Denied |
Response WaivedIFP |
accidental-death character-evidence civil-procedure civil-rights constitutional-law due-process expert-testimony habeas-corpus ineffective-assistance jury-deadlock standing statutory-interpretation |
Should a certificate of appealability issue in a Section 2254 proceeding |
| 18-6840 |
John H. Rosky v. Renee Baker, Warden, et al. |
Nevada |
2018-11-28 |
Denied |
IFP |
appellate-procedure constitutional-law criminal-procedure due-process economic-wipeout equal-protection fifth-amendment habeas-corpus property-rights standing takings-clause |
Whether the Takings Clause of the Fifth Amendment protects the petitioner's property rights against the government's actions that result in a complete… |
| 18-6841 |
Robert K. Stewart v. North Carolina |
North Carolina |
2018-11-28 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process grand-jury indictment true-bill |
Whether the name of the defendant, the date of the sentences, and the time and county where the alleged offense was committed are material facts of an… |
| 18-6851 |
Steven Gomez v. United States |
Fifth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
advisory-sentencing appeal-waiver constitutional-error criminal-procedure due-process judicial-discretion plea-agreement plea-bargaining sentencing-guidelines |
Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after ex… |
| 18-6853 |
Noe Garcia-Lima v. United States |
Ninth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rule-of-criminal-procedure-52(b) federal-rules-of-criminal-procedure molina-martinez molina-martinez-v-united-states plain-error-review sentencing-guidelines substantial-rights |
Whether an appellate court should presume that a district court's error in calculating the applicable Sentencing Guidelines range affected the defenda… |
| 18-6855 |
Antonio DeJesus Perez-Martinez v. United States |
Sixth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge constructive-amendment criminal-procedure due-process equal-protection indictment indictment-variance ineffective-assistance ineffective-assistance-of-counsel plea-bargaining proportionality sentencing sentencing-proportionality sentencing-reasonableness |
Whether appellate counsel was grossly ineffective by arguing a material variance instead of a constructive amendment |
| 18-6862 |
John Thomas v. United States |
Seventh Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
appellate-review constitutional-interpretation criminal-procedure johnson-standard johnson-v-united-states plain-error standard-of-review time-of-appeal time-of-law unsettled-law |
When the governing law is unsettled at the time of trial but settled-in defendant's favor by the time of appeals, should an appellate court reviewing … |
| 18-6867 |
Alberto Jorge Silva-Ibarra v. United States |
Fifth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6871 |
Archie Cabello v. United States District Court for the District of Oregon |
Ninth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process judicial-discretion right-to-counsel rule-11 self-representation |
Does a trial judge have a duty to protect a defendant's right to counsel of choice? |
| 18-6827 |
Eric Williams v. New York |
New York |
2018-11-27 |
Denied |
Response WaivedIFP |
barber-v-page confrontation-clause criminal-procedure deportation good-faith-effort significant-public-benefit-parole sixth-amendment unavailability witness-testimony |
Whether prosecutors may dispense with the Confrontation Clause of the Sixth Amendment, and may be relieved of the obligation recognized in Barber v. P… |
| 18-6828 |
Gregg Thomas v. Maryland |
Maryland |
2018-11-27 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment sufficiency-of-evidence trial-counsel |
Was the evidence sufficient to sustain Petitioner's convictions, and was Petitioner denied his Sixth Amendment Right under the United States Constitut… |
| 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… |
| 18-6833 |
Jose Ramon Zuniga, aka Josue Ararel Zuniga-Zaragoza, aka Jose Ramon Zuniga-Garcia v. United States |
Fifth Circuit |
2018-11-27 |
Denied |
Response WaivedIFP |
criminal-procedure discretion due-process federal-jurisdiction judicial-discretion offense-level residual-clause sentencing sentencing-guidelines sentencing-standards statutory-interpretation |
Whether a Guideline which incorporates by reference § 16(b)'s residual clause may serve as the basis for increasing the defendant's offense level unde… |
| 18-6836 |
Carlos Dagoberto Rivas v. Sherman Spearman, Warden |
Ninth Circuit |
2018-11-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment interrogation interrogation-waiver miranda miranda-rights self-incrimination waiver |
Does the State meet its burdens of showing that it clearly informed a criminal defendant of his Miranda rights and that a defendant validly waived the… |
| 18-6842 |
Matthew Davis, aka Sealed Defendant 1, aka Matt v. United States |
Second Circuit |
2018-11-27 |
Denied |
Response WaivedIFP |
3500-material brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence government-misconduct newly-discovered-evidence sentencing witness-testimony |
Whether the Government failed to properly discharge its obligations under Brady v. Maryland |
| 18-6844 |
Christopher John Kerr v. Wisconsin |
Wisconsin |
2018-11-27 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure evidence-suppression exclusionary-rule judicial-misconduct judicial-oversight search-and-seizure standing void-warrant warrant-validity |
Should a void ab initio warrant issued by a judge be treated as if it never existed and, consequently, should evidence obtained pursuant thereto not b… |
| 18-6845 |
Edward Mitchell v. Lawrence Mahally, Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2018-11-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
clearly-established-law confrontation-clause constitutional-law crawford-v-washington criminal-procedure cross-examination due-process greene-v-fisher habeas habeas-corpus habeas-statute retroactivity |
Whether the habeas statute can be reinterpreted to allow application of a later Supreme Court decision to deny relief that would otherwise obtain base… |
| 18-697 |
Tony Von Carruthers v. Tony Mays, Warden |
Sixth Circuit |
2018-11-27 |
Denied |
|
argersinger-v-hamlin capital-case capital-punishment criminal-defendant criminal-procedure due-process faretta-v-california pro-se-representation right-to-counsel sixth-amendment waiver |
Does depriving a criminal defendant of trial counsel against his will, without at least the warnings and voluntary waiver required by Faretta, violate… |
| 18-6789 |
Delroy McLean v. United States |
Eleventh Circuit |
2018-11-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-115 brady-violation constitutional-challenge criminal-procedure due-process federal-judiciary government-official immigration-judge judicial-officer protected-person statutory-interpretation vagueness |
Whether an immigration judge is a protected person under 18 U.S.C.S. § 115(a)(1)(B) |
| 18-6803 |
Anthony McNeil v. Mr. Grim, et al. |
Third Circuit |
2018-11-27 |
Denied |
IFP |
civil-procedure-rules-12-b-6-motion-to-dismiss civil-rights due-process equal-protection first-amendment-free-speech standing arrest-warrant civil-rights criminal-procedure due-process speedy-trial statute-of-limitations |
Whether the Sixth Amendment right to a speedy trial applies to the period between the filing of a criminal complaint and the issuance of an arrest war… |
| 18-6804 |
Shane Roach v. United States |
Tenth Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict confrontation-clause criminal-procedure cross-examination due-process legal-objection preservation-of-error sixth-amendment standard-of-review |
Does a defendant preserve a confrontation issue for review by clearly articulating Confrontation Clause concerns as the basis for his objection withou… |
| 18-6805 |
Jose Rodriguez v. Daniel Paramo, Warden |
Ninth Circuit |
2018-11-26 |
Denied |
IFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process federal-question first-degree-murder ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instructions penal-code-187a principal reasonable-doubt |
Whether the petitioner's conviction for first-degree murder lacked sufficient evidence to support the verdict |
| 18-6806 |
Eliana Sarmiento v. United States |
Second Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-procedure-speedy-trial-act dismissal harmless-error indictment-dismissal judicial-discretion prejudice speedy-trial-act statute-interpretation statutory-interpretation |
Whether a district court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70 day time limit for bringing a defe… |
| 18-6807 |
Larry M. Slusser v. United States |
Sixth Circuit |
2018-11-26 |
Denied |
IFP |
circuit-split collateral-attack criminal-procedure due-process plea-agreement sentencing statutory-maximum waiver-of-rights |
Whether a defendant's waiver of the right to collateral attack in a plea agreement bars a claim that the sentence exceeds the statutory maximum for th… |
| 18-6808 |
Harlem Suarez v. United States |
Eleventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
commerce-clause commerce-clause-power criminal-procedure eighth-amendment first-time-offender hobbs-act interstate-commerce proportionality taylor-v-united-states united-states-v-lopez weapon-of-mass-destruction weapons-of-mass-destruction |
Whether the federal offense of attempted use of a weapon of mass destruction, 18 U.S.C. § 2332a, only requires a de minimis effect on interstate comme… |
| 18-6810 |
Timothy Hickman-Smith v. United States |
Eighth Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
colorado-v-bertine criminal-procedure due-process fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel inventory-search search-and-seizure south-dakota-v-opperman vehicle-search |
Did inventory search violate this Court's decisions in South Dakota v. Opperman and Colorado v. Bertine, as well as the Fourth Amendment to the Consti… |
| 18-6811 |
Damaso Rivera Fonseca v. United States |
Eleventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
criminal-procedure custody due-process interrogation interrogation-limits miranda-rights rhode-island-v-innis right-to-counsel spontaneous-statement voluntariness |
Whether a spontaneous statement made by a suspect after invoking his right to counsel and seeing his girlfriend being transported to jail is voluntary… |
| 18-6814 |
Patricia Ann Gerald, et al. v. Virginia |
Virginia |
2018-11-26 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process evidence free-speech police-misconduct standing |
Whether the officer's actions in refusing to allow the petitioners to view the video recording of the incident and denying their request for legal cou… |
| 18-6816 |
Vicente Garcia v. United States |
Seventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
aggravated-battery constitutional-rights criminal-conviction criminal-procedure criminal-procedure-ineffective-assistance-of-couns ineffective-assistance ineffective-assistance-of-counsel johnson-precedent johnson-v-united-states sentencing-guidelines sixth-amendment |
Whether the Seventh Circuit Court of Appeals erred in its holding that Garcia had failed to show a denial of his constitutional Sixth Amendment rights |
| 18-6817 |
Michael Albert Focia v. United States |
Eleventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process judge-vs-jury judicial-fact-finding jury-instructions jury-trial obstruction-of-justice pro-se sentence-enhancement sentencing separation-of-powers sixth-amendment |
Whether the court's instructions to the jury violated the Separation of Powers doctrine |
| 18-6821 |
Michael Brandon Kelley v. Alabama |
Alabama |
2018-11-26 |
Denied |
Response WaivedIFP |
alabama-law capital-murder constitutional-rights criminal-procedure double-jeopardy due-process judicial-review sexual-abuse state-law |
Did the state court's failure to apply state-law double-jeopardy protections in Petitioner Kelley's case result in a violation of Kelley's constitutio… |
| 18-6822 |
Mark Anthony Brown v. United States |
Sixth Circuit |
2018-11-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process federal-statute lesser-included-offense notice-requirement prosecutorial-discretion sentencing sentencing-enhancement statutory-interpretation |
Does § 851 allow the United States to be excused from the notice requirement when it receives an unexpected and disfavorable result after trial? |
| 18-6824 |
Martavious Detrel Banks Keys v. United States |
Fifth Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
349 U.S. 81 (1955) on double-jeopardy bell-v-united-states congressional-intent criminal-procedure double-jeopardy fifth-amendment law-enforcement mens-rea multiple-punishments single-statute testimony |
Whether the Fifth Circuit violated this Court's holding in Bell v. United States, 349 U.S. 81 (1955), that there must be a showing of congressional in… |
| 18-6829 |
Jimmy Walter Fuentes v. United States |
Fifth Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion plain-error remand sentencing statutory-interpretation statutory-maximum substantial-rights |
Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand … |
| 18-687 |
Auriel Devon Frett v. Territory of the Virgin Islands |
Virgin Islands |
2018-11-26 |
Denied |
|
chambers-v-mississippi co-defendant-testimony confrontation confrontation-clause criminal-procedure cross-examination cumulative-error-doctrine due-process jury-instructions sentencing sixth-amendment |
Whether the instruction to not consider the specific length of sentence a testifying co-defendant faced absent cooperation violates a defendant's sixt… |
| 18-6787 |
In Re William M. Bailey |
|
2018-11-23 |
Denied |
Response WaivedIFP |
criminal-procedure defense-preparation due-process formal-charges jurisdiction right-to-defense subject-matter void-judgment |
Was the circuit court deprived of jurisdiction over the subject matter, thereby rendering the judgment void, by failing to formally charge the petitio… |
| 18-6788 |
Rhett Bean v. Israel Hamilton, Warden |
Fourth Circuit |
2018-11-23 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel miscarriage-of-justice presumption-of-innocence |
Whether wrongly excluded evidence may be used to rebut the presumption of guilt for a criminal conviction under Schlup v. Delo, 513 U.S. 298, 113 S.Ct… |
| 18-6791 |
Benjamin Bland v. United States |
Fourth Circuit |
2018-11-23 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination evidence evidence-admissibility government-evidence harmless-error hearsay sixth-amendment social-security-administration trial-procedure |
Whether petitioner's Sixth Amendment right to confront witnesses was violated |
| 18-6792 |
Christopher W. Fillmore v. Indiana Bell Telephone Company, Inc. |
Seventh Circuit |
2018-11-23 |
Denied |
Response WaivedIFP |
circuit-court circuit-split civil-procedure cross-motions district-court equitable-remedies evidence evidence-sufficiency evidentiary-insufficiency judicial-discretion representation-resources summary-judgment |
Whether the district court and Seventh Circuit erred in granting summary judgment for Indiana Bell despite finding that both parties submitted 'sparse… |
| 18-6793 |
Derrick Lamont Booth v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2018-11-23 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-procedure due-process expert-testimony fire-investigation ineffective-assistance-of-counsel nfpa-921 sixth-amendment standard-of-review standard-protocols trial-strategy |
Whether the state court violated Mr. Booth's 6th Amendment rights |
| 18-6797 |
Stephanie Irene Greene v. South Carolina |
South Carolina |
2018-11-23 |
Denied |
Response WaivedIFP |
but no text was provided for me to analyze. Witho I cannot generate a question presented or identif please provide the full text of the petition. conviction criminal-procedure due-process jury-instructions mens-rea scientific-evidence standard-of-review |
Did the South Carolina Supreme Court apply the proper standard of review under Jackson v. Virginia when they affirmed the conviction of Stephanie Iren… |
| 18-680 |
Erica Huss, Warden v. Loren Robinson |
Sixth Circuit |
2018-11-23 |
Denied |
|
criminal-procedure due-process federal-law habeas habeas-corpus jury-right parole-eligibility sentencing sixth-amendment |
Whether the Sixth Amendment jury right applies to parole-eligibility dates |
| 18-657 |
Justin Grimsrud v. Department of Transportation |
Federal Circuit |
2018-11-21 |
Denied |
|
administrative-law administrative-procedure civil-rights civil-service drug-testing due-process employment employment-law evidence property-interest property-rights |
Was petitioner deprived of a fair and meaningful opportunity to protect his property interest when he was denied the opportunity to access and examine… |
| 18-669 |
Shane M. Gates v. Walter Reed, et al. |
Fifth Circuit |
2018-11-21 |
Denied |
Response Waived |
civil-rights conflict-of-interest criminal-procedure criminal-prosecution due-process hobbs-act insurance-interference malicious-prosecution prosecutorial-misconduct substantive-due-process |
Whether a District Attorney violated the Hobbs Act and denied due process by prosecuting a misdemeanor case at the behest of a liability insurer |
| 18-6746 |
Joseph Haymore, et al. v. United States |
Ninth Circuit |
2018-11-21 |
Denied |
Response WaivedIFP |
appeals appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure judicial-precedent severance severance-motion waiver waiver-rule |
Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review |
| 18-6747 |
Gibran Richardo Figueroa-Beltran v. United States |
Ninth Circuit |
2018-11-21 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights criminal-procedure divisibility-analysis divisibility-inquiry due-process federal-courts federal-divisibility-doctrine federalism mathis-doctrine mathis-v-united-states sentencing sentencing-guidelines state-court-certification state-courts state-statutes three-part-test |
When applying the federal divisibility doctrine to state statutes, may federal courts terminate the three-part test set forth in Mathis v. United Stat… |
| 18-6770 |
David Nino-Flores v. United States |
Fifth Circuit |
2018-11-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6772 |
Donovan Grant v. United States |
First Circuit |
2018-11-21 |
Denied |
IFP |
appeals appeals-court appellate-review conviction criminal-conviction criminal-procedure due-process financial-transaction guilty-plea money-laundering plain-error plain-error-doctrine specified-unlawful-activity trial-court |
Whether the plain-error doctrine permits an appeals court to affirm a conviction based on a potential crime that it identifies in the record that was … |
| 18-6775 |
Edward Joseph Kehoe v. United States |
Fourth Circuit |
2018-11-21 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment harmless-error impartial-judge judicial-error racial-bias racial-discrimination reasonable-suspicion search-and-seizure structural-error warrantless-search |
Whether the clearly improper use of a person's race by a judge to support a finding of reasonable suspicion justifying a warrantless search and seizur… |
| 18-6784 |
In Re Samuel Rivera |
|
2018-11-21 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-amendments constitutional-violation criminal-procedure due-process eighth-amendment federal-jurisdiction fifth-amendment habeas-corpus jurisdictional-rules standing |
whether-court-judges-uphold-constitution |
| 18-6785 |
Christopher Scott v. Illinois |
Illinois |
2018-11-21 |
Denied |
IFP |
constitutional-law criminal-procedure double-jeopardy due-process equal-protection habeas-corpus statutory-interpretation |
Whether the Double Jeopardy Clause prohibits multiple convictions and punishments for the same criminal conduct under the Blockburger test |
| 18-6786 |
Curtis J. Hill v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2018-11-21 |
Denied |
IFP |
cause-of-death confrontation-clause due-process evidence expert-reports expert-testimony habeas-corpus medical-evidence pro-se pro-se-filing unreasonable-determination unreasonable-factual-findings |
Whether the California Court of Appeal unreasonably determined the facts critical to a Confrontation Clause analysis of the introduction of a non-test… |
| 18-650 |
Miguel Cabrera-Rangel v. United States |
Fifth Circuit |
2018-11-20 |
Denied |
Amici (5)Response Waived |
acquittal-impact acquitted-conduct criminal-procedure criminal-sentencing double-jeopardy due-process judicial-discretion jury-trial sentencing sixth-amendment |
Whether the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant's sentence on a charge for which the jury a… |
| 18-6744 |
Wesley Wayne Schaefer v. Lorie Davis, Director, Texas Department of Criminal Justice, Criminal Institutions Division |
Fifth Circuit |
2018-11-20 |
Denied |
IFP |
consequences criminal-procedure de-novo-review double-jeopardy double-jeopardy,lesser-included-offense,state-law, due-process due-process,criminal-procedure,plea-bargaining,eff due-process,equal-protection,fourteenth-amendment, due-process,grand-jury,fifth-amendment,fourteenth- effective-assistance-of-counsel,plea-bargaining,du federal-courts,state-courts,de-novo-review,mixed-q grand-jury guilty-plea ineffective-assistance jury-unanimity plea-bargaining silent-record sixth-amendment,jury-trial,unanimous-verdict,due-p |
Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea? |
| 18-6749 |
James Barnes v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-11-20 |
Denied |
IFP |
constitutional-violation criminal-procedure faretta-right faretta-v-california mitigation mitigation-investigation presentencing-investigation pro-se-defendant sixth-amendment special-counsel |
Whether Florida's use of 'special counsel' to investigate and present mitigation and its requirement of a presentencing investigation report to provid… |
| 18-6750 |
Rita Pultro v. Pennsylvania |
Pennsylvania |
2018-11-20 |
Denied |
Response RequestedRelisted (2)IFP |
codefendant codefendant-confession confession confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay redaction sixth-amendment |
Should a court look beyond the four corners of a nontestitying codefendant's confession to determine if introduction of the confession violates the Co… |
| 18-6752 |
David McGuire v. Ohio |
Ohio |
2018-11-20 |
Denied |
IFP |
brady-violation brady-violations criminal-procedure discovery-violation discovery-violations due-process evidence-disclosure fair-trial fourteenth-amendment police-misconduct remedies |
When a discovery violation is discovered mid-trial, does a remedy that fails to order the disclosure of the withheld evidence violate the Due Process … |
| 18-6754 |
Domonic McCarns v. United States |
Ninth Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure harmless-error indictment plain-error-review speedy-trial-act statutory-interpretation |
Whether Cryptic Letter, Number Codes are Sufficient to Satisfy the Speedy Trial Act Requirement that Reasons Justifying Delay of a Criminal Trial Must… |
| 18-6760 |
David Junior Upshaw v. United States |
Eleventh Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
acca-sentencing armed-career-criminal-act collateral-review criminal-procedure mandatory-guidelines post-sentencing-law pre-booker-mandatory-guidelines residual-clause retroactivity sentencing-guidelines vagueness void-for-vagueness |
Whether a defendant can prove his ACCA-enhanced sentence was based on the residual clause through a process of elimination and rely on post-sentencing… |
| 18-6762 |
Edward Louis Thomas v. Texas |
Texas |
2018-11-20 |
Denied |
IFP |
criminal-procedure cumulative-error due-process habeas-corpus harrington-v-richter hinton-v-alabama ineffective-assistance-counsel ineffective-assistance-of-counsel prejudice standard-of-review strickland-standard strickland-v-washington |
Whether the Texas Court of Criminal Appeals applied the wrong standard of review in analyzing the claims of deficient performance and prejudice by tri… |
| 18-6763 |
Luis Antonio Bonilla, Jr. v. United States |
Fourth Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure judicial-discretion miscarriage-of-justice plea-agreement plea-agreements sentencing sentencing-guidelines sentencing-uniformity |
What standards should govern the enforcement of appeal waivers in plea agreements? |
| 18-6764 |
Kenneth Ray Borders v. United States |
Eighth Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal presumption-of-prejudice roe-v-flores-ortega sixth-amendment trial-counsel |
Does the 'presumption of prejudice' recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial coun… |
| 18-642 |
Morris E. Zukerman v. United States |
Second Circuit |
2018-11-19 |
Denied |
Amici (1)Relisted (2) |
18-usc-3742 appellate-review criminal-procedure criminal-sentencing district-court-discretion sentencing-explanation sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance shocks-the-conscience substantive-reasonableness substantive-unreasonableness |
Whether a court of appeals that finds that a district court has failed adequately to explain a sentence can simply request further elaboration without… |
| 18-648 |
Burdette Searcey, et al. v. James L. Dean, et al. |
Eighth Circuit |
2018-11-19 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
1989 civil-rights constitutional-rights criminal-investigation criminal-trial due-process evidence false-evidence false-evidence-manufacture law-enforcement-liability manufacture-of-false-evidence municipal-liability qualified-immunity reckless-evidence-gathering substantive-due-process voluntary-plea |
Whether a law enforcement officer violated substantive-due-process rights by recklessly gathering unreliable evidence |
| 18-6722 |
Craig Porter v. Texas |
Texas |
2018-11-19 |
Denied |
IFP |
appellate-review constitutional-law criminal-procedure due-process jurisdiction speedy-trial statutory-interpretation |
Whether the lower court erred in affirming the applicant's conviction based on the prosecution's arguments with regards to the applicant's right to a … |
| 18-6724 |
Roger Lee Ozier v. Shirlee Harry, Warden |
Sixth Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
appellate-review armed-robbery bank-robbery confrontation-clause criminal-procedure cross-examination eyewitness-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause sixth-amendment |
Was the evidence sufficient to sustain Mr. Ozier's conviction for armed robbery and bank robbery? |
| 18-6728 |
Francisco R. Quintana v. Colorado |
Colorado |
2018-11-19 |
Denied |
IFP |
constitutional-claims criminal-procedure defense-evidence due-process evidence exclusion-of-evidence fourteenth-amendment materiality-requirement right-to-present-defense sixth-amendment |
What showing must a defendant make to establish that the erroneous exclusion of defense evidence at trial violated the defendant's Sixth and Fourteent… |
| 18-6729 |
Jesus Santiago v. United States |
Second Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-review civil-procedure criminal-procedure district-court due-process guidelines-calculation guidelines-range judicial-discretion sentencing-determination sentencing-guidelines upward-variance |
Whether a circuit court can competently conclude that the Sentencing Guidelines were immaterial to a district court's sentencing determination |
| 18-6737 |
Jose Lopez-Castillo v. United States |
Ninth Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
booker booker-decision constitutional-law criminal-law criminal-procedure federal-sentencing federal-sentencing-guidelines judicial-discretion mandatory-minimum mandatory-minimums sentencing sentencing-guidelines statutory-interpretation supreme-court-precedent title-21 |
Whether the mandatory-sentencing regime of Title 21 has been abrogated by United States v. Booker and its progeny |
| 18-6696 |
Octavio Torres Ortega v. Pam Bondi, Attorney General of Florida |
Eleventh Circuit |
2018-11-16 |
Denied |
IFP |
appeal criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal motion-to-suppress public-defender speedy-trial trial-counsel witness-credibility |
did-the-trial-court-err-in-denying-a-judgment-of-acquittal |
| 18-6716 |
Jerry Walker, aka Jerry Richmond v. United States |
Seventh Circuit |
2018-11-16 |
Denied |
IFP |
appeal appellate-procedure appellate-review circuit-court conviction conviction-reversal conviction-vacatur criminal-procedure double-jeopardy due-process judicial-review jurisdiction legal-preclusion sentencing superseding-indictment |
Whether the Seventh Circuit erred in vacating the Petitioner's conviction and sentence pursuant to Count One of his Superseding Indictment |
| 18-6720 |
Joseph Witchard v. Bryan M. Antonelli, Warden |
Fourth Circuit |
2018-11-16 |
Denied |
Response WaivedIFP |
civil-rights civil-rights-violations criminal-procedure due-process false-charges judicial-notice prosecutorial-misconduct standing |
Does the prosecutor's egregious misconduct of filing false court documents unlawfully cause petitioner's unlawful prosecution and conviction? |
| 18-6721 |
Gavin Cullens v. Cindi Curtin, Warden |
Sixth Circuit |
2018-11-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense trial-counsel |
Did the trial court err when it gave out self-defense instruction for complainants who were not accused of any crimes to warrant a defense? Alternativ… |
| 18-6725 |
Charles Wayne Bussell v. Kentucky |
Kentucky |
2018-11-16 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination due-process impeachment impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-hearing post-conviction-relief postconviction-hearing sixth-amendment tainted-testimony trial-strategy witness-testimony |
Was defense counsel ineffective in the re-trial when he failed to object to the introduction of the tainted testimony from the first trial and when he… |
| 18-6726 |
Billy Brantley v. Indiana |
Indiana |
2018-11-16 |
Denied |
Response WaivedIFP |
14th-amendment burden-of-proof charged-offense constitutional-law criminal-procedure due-process evidence fourteenth-amendment jury jury-instructions reasonable-doubt |
Where the State must present 'some' evidence of a particular fact before a jury may find a defendant guilty of a charged offense, does the Due Process… |
| 18-6685 |
Bruce Merryman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-11-15 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus miscarriage-of-justice right-to-be-present standing statute-of-limitations trial-in-absentia trial-rights |
Whether an individual can overcome the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996 by showing he w… |
| 18-6713 |
Donald Anthony Grant v. Mike Carpenter, Interim Warden |
Tenth Circuit |
2018-11-15 |
Denied |
IFP |
8th-amendment constitutional-rights criminal-procedure death-penalty eddings-precedent eddings-v-oklahoma eighth-amendment lockett-rule lockett-v-ohio mental-health mental-health-evidence mitigating-evidence moral-culpability |
Whether the Eighth Amendment requires a sentencer to consider mitigating evidence of a capital defendant's mental health and background when determini… |
| 18-6666 |
Oscar Sosa v. United States |
Fifth Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
confrontation-clause crawford-v-washington criminal-procedure drug-trafficking due-process expert-testimony plain-error-review prosecutorial-misconduct sixth-amendment witness-credibility |
Whether a federal agent's testimony about an out-of-court agent's report of drug trafficking by an unindicted coconspirator violates the Confrontation… |
| 18-6691 |
Delilah McCurtis v. Maggie Burke, Warden |
Seventh Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-consistent-statements prior-inconsistent-statements witness-testimony |
Where petitioner was denied a fair trial due to the introduction of prior inconsistent statements |
| 18-6693 |
Victor M. Mangual-Rosado v. United States |
First Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
appellate-review circuit-split conclusions-of-law criminal-procedure criminal-sentencing district-court findings-of-fact opportunity-to-object procedural-error role-behavior role-in-crime sentencing sentencing-guidelines substantive-error |
whether-the-district-court-erred-in-sentencing |
| 18-6697 |
Kevin Marquette Bellinger v. United States |
Fourth Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence |
Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where… |
| 18-6699 |
James Tyrell Drane v. Michigan |
Michigan |
2018-11-14 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment |
Whether petitioner has a due process right to plea withdrawal because his plea was unknowing and involuntary, and entered in violation of his Sixth Am… |
| 18-6701 |
Roger Dale Epperson v. Kentucky |
Kentucky |
2018-11-14 |
Denied |
IFP |
client-autonomy closing-argument concession-of-guilt criminal-procedure defense-strategy ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-control-defense right-to-counsel sixth-amendment |
Is a defendant's Sixth Amendment right to counsel, and the right to control the objective of the defense, violated, under the Court's recent decision … |
| 18-6703 |
David Richard Trimble v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
aggravated-rape Confrontation-Clause criminal-procedure cross-examination due-process fourteenth-amendment ineffective-assistance Ineffective-assistance-of-counsel jackson-v-virginia sixth-amendment Statute-of-limitations sufficiency-of-evidence |
Whether the evidence was insufficient to find David Trimble guilty of four counts of Aggravated Rape beyond a reasonable doubt |
| 18-6704 |
Aaron Jonathon Zemke v. Michigan |
Michigan |
2018-11-14 |
Denied |
IFP |
abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion |
Whether Mr. Zemke received ineffective assistance of counsel under the Sixth Amendment |
| 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 the trial judge denied the petitioner a trial in accord with fundamental standards of due process under the Fourteenth Amendment by preventing… |
| 18-6654 |
In Re Gary Ray Debolt |
|
2018-11-13 |
Denied |
Relisted (2)IFP |
brady-v-maryland civil-rights conviction criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Is it in violation of the fifth Amendment and Brady v. Maryland to convict a person with the use of false and manipulated evidence? |
| 18-6655 |
Andrew John Miller v. Duncan MacLaren, Warden |
Sixth Circuit |
2018-11-13 |
Denied |
IFP |
6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process evidence preliminary-examination right-to-counsel sixth-amendment witness-testimony |
Whether the admission of a Preliminary Examination transcript violated the Petitioner-Appellant's 6th Amendment right to confront the witness |
| 18-6659 |
James Rodwell v. Massachusetts |
Massachusetts |
2018-11-13 |
Denied |
Response WaivedRelisted (2)IFP |
agency-relationship criminal-informant criminal-procedure government-agent implicit-agreement jailhouse-informant massiah massiah-doctrine sentencing-benefits sixth-amendment |
Whether an in-custody criminal informant who has repeatedly benefited monetarily and received lesser sentences from previous cooperation with the gove… |
| 18-6663 |
Esau Escobar v. Illinois |
Illinois |
2018-11-13 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure double-jeopardy due-process jury-instructions murder murder-conviction prior-acts provocation provocation-defense self-defense substantial-evidence |
Whether the Appellate Court erred in rejecting the Petitioner's claim of provocation instruction due to the Petitioner's testimony that he acted out o… |
| 18-6667 |
Khaled Elbeblawy v. United States |
Eleventh Circuit |
2018-11-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confession criminal-procedure federal-rules-of-evidence impeachment impeachment-use-waiver medicare-fraud plea-agreement plea-bargaining rule-11 substantive-evidence united-states-v-mezzanatto |
Does the impeachment-use waiver doctrine established by the Court in United States v. Mezzanatto, 513 U.S. 196, permit the government to introduce in … |
| 18-6670 |
Richard Allen Barker v. California |
California |
2018-11-13 |
Denied |
IFP |
accomplice-liability constitutional-law constitutional-proportionate-punishment criminal-procedure eighth-amendment enmund-v-florida in-re-butler in-re-rodriguez individual-culpability proportionate-punishment |
Whether forcing the petitioner to serve an excessive punishment of 45 years incarceration for his individual culpability as an accomplice, when the ac… |
| 18-6671 |
Jimmy David Malone v. United States |
Sixth Circuit |
2018-11-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
acca constitutional-interpretation criminal-law criminal-procedure due-process federal-court federalism generic-conviction state-courts state-statute statutory-interpretation |
Whether the Constitution permits a federal court to conclude that a prior conviction is 'generic' for ACCA purposes based on an independent interpreta… |
| 18-6675 |
In Re Ryan Lee Zater |
|
2018-11-13 |
Denied |
IFP |
categorical-approach circuit-split crime-of-violence criminal-procedure criminal-procedure-habeas-corpus habeas-corpus residual-clause section-2244 section-924c sentencing supervisory-powers vagueness |
Whether the Fourth Circuit's denial of Zater's §2244 application, which would have been granted in other circuits under divergent gatekeeping protocol… |
| 18-6676 |
Herve Wilmore, Jr. v. United States |
Eleventh Circuit |
2018-11-13 |
Denied |
Response WaivedRelisted (2)IFP |
constructive-amendment criminal-procedure due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment wire-fraud |
Whether Mr. Wilmore's right to be tried on charges accepted by a grand jury, and Mr. Wilmore's right to effective assistance of counsel, were violated… |
| 18-6678 |
Jermeal White v. Charmaine Bracy, Warden, et al. |
Sixth Circuit |
2018-11-13 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability civil-rights constitutional-rights criminal-procedure due-process evidence federal-courts habeas-corpus standing |
Whether the United States Court of Appeals for the Sixth Circuit erred in denying petitioner's Certificate of Appealability under the law |
| 18-6679 |
Donate Graham v. Illinois |
Illinois |
2018-11-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation-clause conspiracy-liability criminal-procedure due-process forfeiture forfeiture-by-wrongdoing forfeiture-doctrine giles-v-california intent witness-procurement |
Whether the forfeiture-by-wrongdoing exception to the Confrontation Clause encompasses acts of wrongful witness procurement done by alleged co-conspir… |
| 18-616 |
Roger Nepal v. United States |
Fifth Circuit |
2018-11-13 |
Denied |
Response Waived |
criminal-law criminal-procedure de-novo-review direct-appeal Griffith-v-Kentucky plain-error retroactivity standard-of-review substantive-law |
Where the Supreme Court has changed the substantive law governing a criminal case that is on direct appeal, must Griffith v. Kentucky be applied to th… |
| 18-609 |
Joseph David Robertson v. United States |
Ninth Circuit |
2018-11-09 |
GVR |
Amici (6) |
appellate-review clean-water-act criminal-procedure motion-for-acquittal navigable-waters rapanos-v-united-states sackett-v-epa united-states-army-corps-of-engineers-v-hawkes-co void-for-vagueness |
Whether the Clean Water Act term 'navigable waters' is void for vagueness |
| 18-614 |
In Re George Houston |
|
2018-11-09 |
Denied |
|
alleyne-v-united-states apprendi-v-new-jersey collateral-review conspiracy conspiracy-liability criminal-law criminal-procedure drug-quantity jurisdictional-error mandatory-minimum retroactivity sentencing sentencing-enhancement |
Whether the individualized drug quantity or the amount of drugs attributable to the conspiracy as a whole can trigger the mandatory minimum sentence f… |
| 18-6623 |
Carlos Cosme v. United States |
Ninth Circuit |
2018-11-09 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review |
Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef… |
| 18-6653 |
Rolando Calderin v. Illinois |
Illinois |
2018-11-09 |
Denied |
Response WaivedIFP |
appellate-court-error appellate-review constitutional-rights constitutional-violation criminal-procedure due-process inculpatory-statements miranda-rights right-to-counsel self-incrimination suppression-of-evidence trial-court-error |
Whether Illinois Trial Court and Appellate Court erred when it failed to suppress Petitioner's inculpatory statements that were obtained after petitio… |
| 18-6674 |
Octavious Lamar Rhymes v. Texas |
Texas |
2018-11-09 |
Denied |
IFP |
criminal-procedure criminal-prosecution double-jeopardy due-process judicial-vindictiveness jurisdiction prosecutorial-vindictiveness same-criminal-episode venue-transfer |
Where Rhymes' due process rights violated by prosecutorial and judicial vindictiveness |
| 18-6610 |
Mark Johnson v. Illinois |
Illinois |
2018-11-08 |
Denied |
Response WaivedIFP |
actual-innocence actual-perpetrator coerced-confession constitutional-rights criminal-procedure due-process exclusion-of-evidence fair-trial ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief prosecutorial-misconduct selective-prosecution successive-petition |
Whether the petitioner should be allowed to present newly discovered evidence of actual innocence in a successive post-conviction petition, despite th… |
| 18-6615 |
Eugene Riley, III v. Stephanie Dorethy, Warden |
Seventh Circuit |
2018-11-08 |
Denied |
IFP |
6th-amendment criminal-justice due-process evidence jury-instructions law legal-assessment legal-principles separateness-of-events |
Whether Ritey was denied his 6th Amendment right to have his jury assessed with instructions on the application of legal principles to the evidence an… |
| 18-6616 |
Maria I. Sanutti-Spencer v. Pennsylvania |
Pennsylvania |
2018-11-08 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-motive criminal-procedure decedent's-drug-addiction decedent's-drug-dealing decedent's-motive decedent's-physical-abuse defendant's-health-issues due-process evidence evidence-exclusion lay-opinion-testimony right-to-complete-defense right-to-present-defense trial-procedure witness-testimony |
Does excluding evidence of another's motive, of the decedent's drug addiction, drug dealing, his physical abuse of the defendant and the defendant's s… |
| 18-6618 |
Jessie Jesus Marquez v. United States |
Tenth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split constitutional-burden constitutional-law criminal-procedure drug-case evidence-sufficiency expert-testimony federal-rules-of-evidence government-proof recorded-phone-call |
Are statements made during a recorded phone call, standing alone, sufficient to sustain the Government's constitutional burden of proof in a drug case… |
| 18-6619 |
Dominic C. Robinson v. Mississippi |
Mississippi |
2018-11-08 |
Denied |
Response WaivedIFP |
but the text you've provided appears to be incomp comprehensible text of a SCOTUS petition garbled I cannot extract a meaningful question presented I will respond with: 'Question not identified." or unreadable. Without a clear appeal civil-rights criminal-procedure due-process evidence exculpatory-evidence jury-instructions miranda-rights standing |
Whether jury instruction 5/4A was improper? |
| 18-6621 |
Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections |
Eighth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority |
Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right … |
| 18-6629 |
William Randolph Harloff v. Craig Koenig, Warden |
Ninth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
chapman-harmless-error confrontation-clause constitutional-rights courtroom-presence criminal-procedure due-process harmless-error prejudice right-to-be-present witness-credibility witness-testimony |
Whether the state court applied Chapman v. California, 386 U.S. 18 (1967) in an objectively unreasonable manner or made an unreasonable determination … |
| 18-6633 |
Keith Fremin v. Robert C. Tanner, Warden |
Fifth Circuit |
2018-11-08 |
Denied |
IFP |
castration civil-rights constitutional-rights criminal-procedure due-process good-time guilty-plea ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-district plea-agreement plea-bargaining sentencing |
Whether the 22 Judicial District Court failed to uphold the plea agreement in exchange |
| 18-6634 |
Leandro Leonel Gonzalez v. F. Armenta, et al. |
Ninth Circuit |
2018-11-08 |
Denied |
IFP |
access-to-courts civil-rights constitutional-rights correctional-officers due-process evidence first-amendment free-speech Is there a right to have-a-witness in the Due-Proc mail-communication prisoner-rights witness-testimony |
Is there a right to outgoing mail in the First Amendment? |
| 18-6635 |
Eddie Hampton v. California |
California |
2018-11-08 |
Denied |
IFP |
criminal-procedure criminal-procedure-error felony-murder first-degree-murder jury-instruction jury-instructions murder natural-and-probable-consequence natural-probable-consequence prejudice-standard premeditated-murder standard-of-prejudice |
Where she jury was erroneously instrycted on (a) Murder as a natural and presbable consequence per peopie vs chiu 39 cal 4th $35 172 cad Rotr 3d 438 3… |
| 18-6636 |
James Edward Griffin v. Eric Arnold, Warden |
Ninth Circuit |
2018-11-08 |
Denied |
IFP |
due-process evidence evidence-admission fair-trial fourteenth-amendment gang jury-instructions misconduct motorcycle-gang prosecutorial-misconduct |
Was appellant deprived of a fair trial and due process of law under the Fourteenth Amendment to the United States Constitution when the trial court al… |
| 18-6639 |
Stuart Dizak v. Brandon Smith, Superintendent, Mid-State Correctional Facility |
Second Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
actual-innocence conspiracy-charge criminal-procedure due-process ineffective-assistance-of-counsel jailhouse-informant judicial-misconduct jury-instructions jury-notes perjured-testimony perjury prosecutorial-misconduct |
Whether the state court failed to return the defendant to the courtroom upon receipt of two substantive jury notes, and whether the actual charge of c… |
| 18-6641 |
Antonio Fahie v. Neil McDowell, Warden |
Ninth Circuit |
2018-11-08 |
Denied |
IFP |
criminal-procedure due-process evidentiary-sufficiency ineffective-assistance-of-counsel plea-bargaining plea-withdrawal-motion prosecutorial-misconduct rape-charges right-to-counsel sentencing |
Why didn't the judge let the defendant take back their plea when counsel told the court the defendant never admitted to the rape charges? |
| 18-6646 |
John Edward Davis v. Florida |
Florida |
2018-11-08 |
Denied |
IFP |
autopsy-photographs coercion constitutional-procedure criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-confession involuntary-statements juvenile-offender juvenile-offender-rights juvenile-rights motion-to-suppress right-to-testify self-incrimination |
Whether the Florida Court of Appeals unreasonably applied this Court's precedent |
| 18-6592 |
Andres Pavon v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-11-07 |
Denied |
IFP |
5th-amendment appeal appeals castro-v-united-states criminal-procedure due-process eleventh-circuit fifth-amendment habeas-corpus lee-v-us padilla-v-kentucky sentencing standing |
Were this Petitioner's Fifth Amendment rights according to the United States Constitution violated by the United States Court of Appeal for the Eleven… |
| 18-6593 |
Sigifredo Molina-Varela v. United States |
Tenth Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel motion-for-severance prejudice prejudicial-error right-to-counsel severance sixth-amendment |
Did the defense counsel's failure to file a motion for severance create a significant prejudice against the petitioner thereby constituting ineffectiv… |
| 18-6594 |
Willie Safford, Jr. v. Florida |
Florida |
2018-11-07 |
Denied |
IFP |
aggravated-battery civil-rights criminal-procedure due-process perjury polygraph polygraph-test post-conviction-relief witness-testimony |
Whether the defendant should be allowed to return to the lower tribunal to challenge the testimony of Rodney Hartmyer, Jerry Gay, and Robert Schran |
| 18-6613 |
Hector R. DeJesus v. Salvador A. Godinez, et al. |
Seventh Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
admissible-evidence civil-procedure declaration evidence judgment-as-matter-of-law material-fact material-facts motion perjury summary-judgment sworn-declaration |
Did the defendants show there were no material issues in dispute and that they were entitled to judgment as a matter of law? |
| 18-6565 |
Charles C. Gore v. Illinois |
Illinois |
2018-11-06 |
Denied |
Response WaivedIFP |
6th-amendment adversarial-proceedings constitutional-rights courtroom-closure criminal-procedure critical-stage-of-trial defendant-rights jury-deliberations public-accountability public-trial right-to-public-trial |
Whether the right to a public trial is violated when the trial court closes the courtroom while addressing questions posed by the jury during delibera… |
| 18-6566 |
Jara Meotta Ishon Flowers v. United States |
Fourth Circuit |
2018-11-06 |
Denied |
Amici (1)Response WaivedIFP |
bribery case-overturning civil-rights criminal-law criminal-procedure due-process extortion judicial-discretion judicial-review legal-precedent precedent racketeering stare-decisis statutory-interpretation supreme-court-precedent |
Should this Court overturn its prior decision in Evans? |
| 18-6576 |
Susan Kevra-Shiner v. United States |
Third Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fraud fraud-allegations indictment indictment-scope jury-instructions prosecutorial-misconduct verdict-slip |
Can a well written verdict slip cure the confusion created when the Government's Closing Argument and the Court's Jury Instructions constructively ame… |
| 18-6580 |
Wiliiam Scott Fitts v. Barry Goodrich, Warden, et al. |
Georgia |
2018-11-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment Fourteenth-Amendment-due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel normative-legal-issues plea-bargaining right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment |
Whether the accused's constitutional rights were violated when forced to choose between the Sixth Amendment and Fourteenth Amendment in deciding wheth… |
| 18-6581 |
Larry Hailey v. United States |
Fourth Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
28-usc-2255 career-offender career-offender-enhancement crimes-of-violence criminal-law criminal-procedure fourth-circuit fourth-circuit-appeal prior-convictions section-2255-motion sentencing sentencing-guidelines virginia-prior-convictions |
Whether the Fourth Circuit Court of Appeals Erred in Denying Petitioner's Appeal from Denial of His Motion Under 28 U.S.C. § 2255 Wherein Petitioner's… |
| 18-6586 |
Bruce Wood v. Delaware |
Delaware |
2018-11-06 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-law constitutional-rights criminal-procedure due-process evidence-standard federal-rules judicial-review new-evidence post-conviction post-conviction-relief privileges-and-immunities |
Does Delaware's Amended' Superior Court Criminal Rule 61 and/or Delaware State Courts' decisions violate Due Process Rights (14th Amendment) |
| 18-6588 |
Lesley Eugene Warren v. Edward Thomas, Warden |
Fourth Circuit |
2018-11-06 |
Denied |
IFP |
capital-punishment character-evidence circuit-split civil-rights death-penalty due-process future-dangerousness parole parole-ineligibility prosecutorial-misconduct sentencing sentencing-procedure simmons-v-south-carolina |
Is it an unreasonable application of Simmons v. South Carolina for a State court to deny a parole ineligibility instruction where the prosecution repe… |
| 18-6589 |
Liddon Young v. United States |
Second Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
circuit-court criminal-law criminal-procedure false-statement false-statements materiality obstruction-of-justice sentencing sentencing-enhancement stipulation |
When a defendant admits to all the elements of an offense/enhancement, does a prevarication on details not effecting the question of guilt render the … |
| 18-6591 |
Leslie Chin v. United States |
Eleventh Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-diligence due-process equal-protection federal-courts new-trial newly-discovered-evidence standard-of-review trial-procedure |
Whether the Equal Protections Clause is violated when there is a conflict amongst the federal circuit courts of appeal dealing with what a defendant i… |
| 18-596 |
Marie Neba v. United States |
Fifth Circuit |
2018-11-06 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review criminal-procedure criminal-sentencing due-process federal-sentencing judicial-discretion judicial-review presumption-of-reasonableness proportionality rita-v-united-states sentencing-disparities sentencing-guidelines |
Should the Court overrule or refine Rita v. United States (2007) 551 U.S. 338, such that an irregular and disproportionate within-Guidelines sentence … |
| 18-6568 |
Harold Max Pompee v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-11-05 |
Denied |
IFP |
competence competency constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance-of-counsel right-to-competence |
Whether the Eleventh Circuit erred in holding that a state prisoner's ineffective-assistance-of-counsel claim alleging that counsel failed to raise hi… |
| 18-6570 |
Timothy J. Kaprelian v. Lizzie Tegels, Warden |
Seventh Circuit |
2018-11-05 |
Denied |
Response WaivedIFP |
criminal-defendant criminal-defendant-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel no-contest plea-agreement plea-bargaining |
Is a criminal defendant who pleads no contest entitled to exculpatory evidence that the state concealed and suppressed |
| 18-6540 |
Maha Z. Rayan v. Georgia |
Georgia |
2018-11-02 |
Denied |
Response WaivedRelisted (2)IFP |
arrest contempt contempt-order criminal-procedure due-process fourteenth-amendment fourth-amendment judicial-appointment municipal-court-jurisdiction municipal-courts probable-cause state-penal-law uniform-traffic-citation |
Whether the use of a municipal traffic citation as an initial accusation for a state penal law non-traffic offense is constitutional |
| 18-6542 |
Mauricio Licea v. United States |
Ninth Circuit |
2018-11-02 |
Denied |
Response WaivedIFP |
civil-procedure dual-role due-process evidence expert-testimony expert-witness jury-instruction jury-instructions law-enforcement law-enforcement-testimony lay-witness trial-procedure |
Whether district courts must give a dual-purpose jury instruction after a law enforcement officer testifies as both an expert and a percipient witness |
| 18-6545 |
Frankie Calanche Lopez v. California |
California |
2018-11-02 |
Denied |
IFP |
appeal criminal-intent criminal-law criminal-procedure due-process intent intent-element mens-rea opportunistic-crime robbery robbery-intent statutory-interpretation |
Whether the defendant's intent to commit robbery matters |
| 18-6553 |
Michael Founier Dixon, aka Michael Fournier Dixon v. Texas |
Texas |
2018-11-02 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing |
Was Agpli canl's guilty pleac) involuwtaay duce 40 counsels wet echve deficient Assistance jw Tetality duaing all Stages of the caiminel process ? |
| 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… |
| 18-6557 |
Casey O'Dell v. United States |
Third Circuit |
2018-11-02 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure criminal-procedure-rule-11 due-process federal-rules-criminal-procedure plea-bargaining plea-colloquy structural-error united-states-v-gonzalez-lopez |
Whether the Fed.R.Crim.P. 11(b)(1)(N) rule was violated by the inadequacy of the change of plea colloquy? |
| 18-6560 |
Wendell Weaver v. Walter Nicholson, Warden |
Seventh Circuit |
2018-11-02 |
Denied |
Response WaivedIFP |
counsel-of-choice criminal-procedure disqualification eyewitness-testimony ineffective-assistance prosecutorial-misconduct reasonable-alternatives right-to-counsel strickland-standard strickland-v-washington trial-court wheat-v-united-states |
Does Wheat v. United States clearly establish that trial courts must consider reasonable alternatives before disqualifying a criminal defendant's coun… |
| 18-574 |
Joseph Rachal v. United States |
First Circuit |
2018-11-02 |
Denied |
Response Waived |
6th-amendment bifurcated-trial bifurcation criminal-procedure due-process evidence evidence-admissibility felon-in-possession felony-conviction firearm-possession jury-instructions jury-prejudice prejudice prejudicial-evidence |
Is it unduly prejudicial for a jury to be exposed to the toxic evidence that the defendant is a convicted felon before even determining whether the de… |
| 18-6510 |
Frank Pruitt v. New York |
New York |
2018-11-01 |
Denied |
IFP |
1st-amendment 6th-amendment courtroom-access criminal-procedure due-process judicial-discretion judicial-inquiry public-trial removal-from-trial right-to-attend-trial right-to-observe sixth-amendment |
Was the right to a Public trial, and the right of the Public to attend trial, abrogated when the trial judge failed to conduct careful inquiry 'before… |
| 18-6531 |
Tyler G. Eppes v. United States |
Armed Forces |
2018-11-01 |
Denied |
Response WaivedIFP |
due-process evidence evidence-suppression inevitable-discovery military-magistrate personal-bags scope-of-search scrivener's-error search-authorization search-warrant serivener's-error |
Was this an error? |
| 18-6533 |
Anthony Lewallyn v. United States |
Eleventh Circuit |
2018-11-01 |
Denied |
IFP |
criminal-procedure criminal-registration-requirements due-process federal-criminal-law interstate-travel nichols-precedent nichols-v-united-states registration sex-offender sex-offender-registration sorna statutory-interpretation |
Can a sex offender be prosecuted for failing to register or update his registration in the district where he began his interstate travel but in which … |
| 18-6536 |
Lewis Waters v. Charles L. Lockett, Warden |
District of Columbia |
2018-11-01 |
Denied |
Response WaivedIFP |
appellate-jurisdiction constitutional-safeguard court-of-appeals criminal-procedure due-process fifth-amendment grand-jury habeas-corpus jurisdiction unindicted-crime |
Where the Fifth Amendment guarantees that no person shall be held to answer for a crime unless upon presentment of a Grand Jury's indictment, does the… |
| 18-6538 |
Steven Bernard Sydnor v. Kevin Hampton, Warden |
Sixth Circuit |
2018-11-01 |
Denied |
IFP |
14th-amendment 5th-amendment criminal-procedure custodial-interrogation due-process fair-trial jackson-v-virginia miranda-rights miranda-warning sufficiency-of-evidence |
Whether defendant's Constitution 5th and 14th Amendment rights were violated |
| 18-6546 |
Alexander Castellano-Benitez v. United States |
Eighth Circuit |
2018-11-01 |
Denied |
Response WaivedIFP |
brady-v-maryland criminal-procedure due-process eighth-circuit evidence exculpatory-evidence Judicial-Precedent precedent Procedural-Review prosecutorial-misconduct Writ-of-Certiorari |
Should a writ of certiorari be granted to determine if the Eight Circuit and the lower court erred in failing to follow this court's prior precedent i… |
| 18-6504 |
James D. Russian v. United States |
Tenth Circuit |
2018-10-31 |
Denied |
Response WaivedIFP |
criminal-defendant criminal-procedure federal-court habeas-corpus haines-v-kerner liberal-construction liberal-construction-rule pro-se pro-se-filings pro-se-pleadings right-to-counsel sixth-amendment substitution-of-counsel |
When a criminal defendant's pro se filings can be stated as a valid basis for substitution of counsel, must a federal court read those filings in such… |
| 18-6514 |
In Re Melvin T. Bell |
|
2018-10-31 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure district-court due-process habeas-corpus imprisonment jurisdiction liberty-deprivation standing territorial-jurisdiction |
Whether the petitioner is illegally deprived of his liberty |
| 18-6516 |
Linh Thi Minh Tran v. Happy Valley Municipal Court, Oregon |
Oregon |
2018-10-31 |
Denied |
IFP |
14th-amendment 8th-amendment constitutional-rights criminal-procedure due-process fair-trial judicial-error jurisdiction municipal-court sentencing zoning-violation |
Was the trial court's judgment unconstitutionally cruel and unusual? |
| 18-6518 |
Gregory Crum v. United States |
Fourth Circuit |
2018-10-31 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure district-court-discretion drug-crimes drug-offense drug-offenses foreign-origin leadership-enhancement methamphetamine relevant-conduct sentencing sentencing-guidelines standard-of-review |
Whether the district court abused its discretion in determining relevant conduct |
| 18-6519 |
Mariano Alvarez v. United States |
Fifth Circuit |
2018-10-31 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion life-sentence mistrial plea-bargaining plea-negotiation recusal sentencing-guidelines |
Can doubts in granting a Certificate of Appealability (COA) be resolved in favor of the appellant when considering the severity of his life sentence? |
| 18-564 |
Rosemary L. Decosimo v. Tennessee |
Tennessee |
2018-10-31 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process fair-trial fifth-amendment forensic-science fourteenth-amendment impartiality law-enforcement sixth-amendment standing |
Whether the right to a fair trial and due process were violated by a Tennessee law awarding the state forensic lab $250 per conviction-related test |
| 18-6493 |
Steven D. Burke v. Neil Turner, Warden |
Sixth Circuit |
2018-10-30 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-defendant criminal-procedure due-process equal-protection standard-of-proof state-court |
Does changing the standard of proof in the state court deny a criminal defendant's due process and equal protection of law? |
| 18-6497 |
Dexter Watson v. Raymond Byrd, Warden |
Fifth Circuit |
2018-10-30 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-law criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing factual-disputes intent reversible-error |
Did the court reasonably infer petitioner's guilt beyond a reasonable doubt? |
| 18-6498 |
Gildardo Majalca-Aguilar v. United States |
Tenth Circuit |
2018-10-30 |
Denied |
Response WaivedIFP |
18-usc-3582 amendment-782 criminal-procedure criminal-sentencing district-court-discretion drug-conspiracy drug-quantity due-process equal-protection sentence-reduction sentencing-disparity sentencing-guidelines |
Whether the district court erred in denying the motion for sentence reduction under Amendment 782 §3582(c)(2) despite the minimal quantities of drugs … |
| 18-6511 |
In Re Ken Ejimofor Ezeah |
|
2018-10-30 |
Denied |
Response WaivedIFP |
actual-innocence appeal-waiver circuit-split criminal-procedure criminal-procedure-appeal-waiver-guilty-plea-unite guilty-plea inherent-equitable-authority tenth-circuit united-states-v-galloway united-states-v-hahn united-states-v-mccarthy |
Whether the court should expand the framework in United States v. Hahn on appeal waivers |
| 18-6468 |
Bernabe Lugo-Santiago v. United States |
First Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-indictment criminal-law criminal-procedure due-process firearm firearm-regulation firearms indictment interstate-commerce jury-finding jury-instructions prosecutorial-burden |
Whether the Government must allege and prove a connection to interstate commerce for a conviction under 18 U.S.C. § 922(g)(1) |
| 18-6472 |
James Gibson v. United States |
Eleventh Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
almendarez-torres criminal-procedure drug-offenses jury-trial mandatory-minimum prior-convictions reasonable-doubt recidivism sentencing sentencing-enhancement sixth-amendment |
Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial |
| 18-6473 |
Jeremy Bernard Harrison v. United States |
Fifth Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plain-error preservation-of-error rule-51b sentencing |
Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure 51(… |
| 18-6475 |
Lewis Wright v. Pennsylvania |
Pennsylvania |
2018-10-29 |
Denied |
Response WaivedIFP |
brady-violation confrontation-clause criminal-procedure cross-examination cross-examination-rights due-process evidence-disclosure fourteenth-amendment parole perjury prosecutorial-misconduct sixth-amendment witness-bias |
Whether the court of common pleas erred in limiting Mr. Stein's ability to establish witness Joseph Farley's bias |
| 18-6479 |
In Re Evan P. Galvan |
|
2018-10-29 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment standing |
Whether the State Court failed to advise petitioner of his 6th Amendment right to counsel, inquire into petitioner's desire for counsel, and inquire i… |
| 18-6483 |
Armando Chavez, Jr. v. United States |
Fifth Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process federal-jurisdiction federal-sentencing indictment indictment-requirements judicial-discretion plea-bargaining sentencing sentencing-guidelines statutory-interpretation |
Whether facts that alter the range of reasonable' federal sentences must be pleaded in the indictment in federal cases? |
| 18-6485 |
Richard Elliott Cain v. Washington |
Washington |
2018-10-29 |
Denied |
IFP |
6th-amendment character-evidence constitutional-rights criminal-procedure criminal-procedure-evidence due-process evidence fair-trial jury-instruction jury-instructions propensity-evidence search-warrant |
Whether the trial court erred in failing to give the jury a limiting instruction after permitting character and propensity evidence |
| 18-6486 |
In Re Steve G. Hernandez |
|
2018-10-29 |
Denied |
Response WaivedRelisted (2)IFP |
brady-material brady-violation civil-rights criminal-procedure cumulative-error due-process evidence-suppression impeachment ineffective-assistance perjury witness-impeachment |
What is the constitutional violation of ineffective assistance of counsel |
| 18-6447 |
Eullis Monroe Goodwin v. United States |
Sixth Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure due-process ineffective-assistance rule-11 sentencing sentencing-guidelines strickland-standard strickland-v-washington |
Did Counsel's Failure to properly develope and present Objections to Petitioner's designation as an career offender, render Ineffective Assistance und… |
| 18-6448 |
In Re Michael Quattrocchi |
|
2018-10-26 |
Denied |
IFP |
administrative-forfeiture administrative-law civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-approval judicial-review procedural-violations property-rights statutory-interpretation trial-delay unborn-rights |
Whether the administrative forfeiture of Bond's property under case 04-12958 was judicially approved, where Bond was deprived of his property for over… |
| 18-6457 |
Abel Puente v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-of-choice criminal-procedure effective-assistance-of-counsel indigent-defendant retained-attorney right-to-discharge-counsel sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel and to counsel of choice, which also provided the right to discharge counsel, wil… |
| 18-6459 |
Cliserio Balmes-Cruz v. United States |
Ninth Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard circuit-split criminal-procedure due-process judicial-consideration non-frivolous-arguments procedural-reasonableness rita-v-united-states sentencing sentencing-review standard-of-review |
Whether a sentencing judge must provide some express treatment to a defendant's non-frivolous arguments |
| 18-6462 |
Juan Carlos Mendez v. California |
California |
2018-10-26 |
Denied |
Response WaivedIFP |
criminal-procedure cross-examination due-process fifth-amendment fourteenth-amendment prosecutorial-misconduct sixth-amendment |
Whether the prosecution's use of 'were they lying' questions and argument to secure a criminal conviction constitutes prosecutorial misconduct and vio… |
| 18-6464 |
Frank Ralph LaPena v. George Grigas, et al. |
Ninth Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
contract-killing criminal-conviction criminal-procedure due-process habeas-corpus highly-deferential-review ineffective-assistance-of-counsel legal-insufficiency legal-sufficiency nevada-supreme-court physical-evidence rational-juror reasonable-doubt sufficiency-of-evidence witness-testimony wrongful-conviction |
Whether the Nevada Supreme Court's decision rejecting the legal insufficiency claim was unreasonable because, even under a highly deferential review, … |
| 18-6414 |
Marvin K. Locke v. Daniel Paramo, Warden |
Ninth Circuit |
2018-10-25 |
Denied |
Response WaivedIFP |
common-law constitutional-interpretation criminal-procedure due-process felony-murder habeas-corpus ninth-circuit procedural-default second-successive-petition standing statutory-interpretation |
Whether the second-degree felony murder rule is based on statute |
| 18-6415 |
Amalya Cherniavsky, aka Amalya Surenovna Yegiyan v. United States |
Ninth Circuit |
2018-10-25 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure district-court due-process jury-instruction jury-instructions sentencing standard-of-review sua-sponte sufficiency-of-evidence theory-of-defense trial-procedure |
Under what circumstances must a district court sua sponte instruct the jury on a theory of defense presented and relied upon at trial where the theory… |
| 18-6434 |
Craig Martin Shults v. United States |
Ninth Circuit |
2018-10-25 |
Denied |
Response WaivedIFP |
appeals appellate-review civil-procedure criminal-procedure due-process federal-rules-of-criminal-procedure ninth-circuit precedent rule-52(b) severance severance-motion waiver waiver-rule |
Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review |
| 18-6445 |
Tracy Lebron Vick v. Tennessee |
Tennessee |
2018-10-25 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure due-process habeas-corpus judicial-review plea-bargaining public-interest sentencing sentencing-procedure unconstitutional |
Whether the provisions of Rule 36.1 of the Tennessee Rules of Criminal Procedure, Tennessee Code Annotated § 29-21-101, and Tennessee law are unconsti… |
| 18-542 |
John E. Hamilton v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2018-10-25 |
Denied |
Response Waived |
charging criminal-procedure defendant-standing due-process extradition extradition-treaty international-law punishment rule-of-specialty sentencing standing treaty treaty-interpretation |
Whether an individual defendant has standing to assert a rule of specialty violation |
| 18-543 |
State Correctional Institution at Fayette, et al. v. Jerry Reeves |
Third Circuit |
2018-10-25 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel new-evidence new-evidence-requirement post-conviction-relief procedural-default sixth-amendment trial-review untimely-petition untimely-petitions |
Whether evidence that was available but not presented at trial satisfies the new evidence requirement of the actual innocence exception which permits … |
| 18-530 |
Congregation Jeshuat Israel v. Congregation Shearith Israel |
First Circuit |
2018-10-24 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
charitable-trusts diversity-jurisdiction erie-doctrine establishment-clause evidence federalism free-exercise free-exercise-clause personal-property property property-dispute religious-liberty secular-evidence trust trust-law |
In ordinary trust and property disputes, does the Establishment Clause preclude courts from considering secular evidence that is relevant and admissib… |
| 18-6411 |
Ennis Reed v. California |
California |
2018-10-24 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discrimination due-process equal-protection jury-selection peremptory-challenges racial-bias racial-discrimination voir-dire |
Has California again departed from the federal standards governing determinations of racial bias during jury voir dire? |
| 18-6426 |
Jonathan Eugene Brunson v. North Carolina, et al. |
Fourth Circuit |
2018-10-24 |
Denied |
Response WaivedIFP |
14th-amendment civil-rights due-process evidence evidence-access exhaustion-requirement heck-v-humphrey muhammad-v-close pennsylvania-v-ritchie section-1983 state-prisoners |
Whether the Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) requirement for state prisoners to exhaust the state court remedy when applying to a section… |
| 18-6401 |
James Gabriel Smith v. United States |
Sixth Circuit |
2018-10-23 |
Denied |
Response WaivedIFP |
appellate-review competency criminal-procedure due-process federal-rules-of-criminal-procedure informed-consent judicial-process plea-bargaining plea-colloquy rule-11-procedure |
Whether the district court followed the procedure mandated by FED. R. CRIM. P. 11 in accepting a guilty plea |
| 18-6406 |
Daniel Tappen v. Florida |
Florida |
2018-10-23 |
Denied |
Response WaivedIFP |
attorney-client-privilege attorney-client-relationship constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel law-enforcement right-to-counsel sixth-amendment |
Whether a defense attorney renders ineffective assistance of counsel |
| 18-6395 |
Alex D. Ramos v. United States |
Seventh Circuit |
2018-10-22 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment appellate-review constitutional-interpretation criminal-procedure criminal-sentencing due-process firearm-offense sentencing statutory-construction statutory-interpretation |
Did the lower Court err, and concomitantly violate the United States Constitution, Amendments V and VI, where it determined that Petitioner's prior co… |
| 18-6396 |
Guillermo Solorio, Jr. v. William Muniz, Warden |
Ninth Circuit |
2018-10-22 |
Denied |
Response WaivedIFP |
28-usc-2244(b)(2) brady-v-maryland brady-violation criminal-defendant criminal-procedure evidence-suppression federal-statute habeas-corpus hidden-evidence second-or-successive-petition |
Whether a Petition for a Writ of Habeas Corpus based on Brady v. Maryland Evidence That Was Hidden from a Criminal Defendant — Until After Appeal and … |
| 18-6377 |
Rashad Woodside v. United States |
Sixth Circuit |
2018-10-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights counsel-presence criminal-procedure defendant-rights due-process limited-remand open-court resentencing right-to-be-present right-to-counsel sentencing |
Whether a defendant has the right to be present with counsel at a resentencing hearing |
| 18-6391 |
Matthew Vaughn Hawks v. United States |
Eleventh Circuit |
2018-10-19 |
Denied |
Response WaivedIFP |
appeals criminal-procedure due-process eleventh-circuit federal-rules-of-criminal-procedure mental-disability plain-error sentencing sentencing-disparity sentencing-reasonableness substantial-rights united-states-v-olano |
whether-the-eleventh-circuit-misapplied-fed-r-crim-p-52(b)-and-united-states-v-olano |
| 18-6358 |
Alj Hilton v. United States |
Eleventh Circuit |
2018-10-18 |
Denied |
Response WaivedIFP |
and Are Plain and Affect Petitioner's Substantial -and-Are-Plain-and-Affect-Petitioner's-Substantial 18-usc-3661 5th-amendment appeal-waiver appeal-waiver,sentencing-guidelines,criminal-histo criminal-history criminal-procedure criminal-sentencing due-process judicial-discretion mandatory-minimum plain-error sentencing-guidelines substantial-rights trial-court-error Whether the mandatory five-year minimum sentence u |
Whether Petitioner's Appeal Waiver Is Inapplicable to Issues of Trial Court Error in Applying Sentencing Guidelines' Enhancements or in Calculating Cr… |
| 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… |
| 18-6387 |
Spencer Bowens v. United States |
Fourth Circuit |
2018-10-18 |
Denied |
Response WaivedIFP |
135 S. Ct. 2551 (2015) 28 U.S.C. §2255(£)(3) 28 U.S.C. §2255(f)(3) extend to pre-Booker mandatory career-offender gu that has been newly recognized by the United Stat career-offender career-offender-guidelines collateral-review criminal-law criminal-procedure criminal-procedure,sentencing,retroactivity,collat Johnson-right johnson-v-united-states mandatory-sentencing retroactive-application retroactivity sentencing sentencing-guidelines Supreme-Court-precedent |
Whether the right in Johnson v. United States, 135 S. Ct. 2551 (2015) that has been newly recognized by the United States Supreme Court and made retro… |
| 18-6353 |
Michael Joseph Bien v. Texas |
Texas |
2018-10-17 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process legal-precedent prosecutor-misconduct prosecutorial-misconduct supreme-court supreme-court-jurisprudence supreme-court-precedent texas-court-of-criminal-appeals |
Whether a prosecutor who violates the Double Jeopardy Clause should have exclusive power to determine which of his unconstitutionally obtained convict… |
| 18-6355 |
Christian Dominique Scott v. United States |
Fifth Circuit |
2018-10-17 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination due-process evidence parole revocation sentencing supervised-release |
Whether supervised release revocation defendants enjoy a limited right of cross-examination |
| 18-6362 |
Edwin Darrell Lett v. Mississippi |
Mississippi |
2018-10-17 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment civil-rights continuance counsel criminal-procedure death-penalty due-process fair-trial fourteenth-amendment ineffective-assistance-counsel sixth-amendment state-procedure trial |
Whether the petitioner's Sixth Amendment right to a fair trial was violated when the Mississippi Supreme Court failed to properly review the trial cou… |
| 18-6364 |
Phap Buth v. Massachusetts |
Massachusetts |
2018-10-17 |
Denied |
Response WaivedIFP |
barnes-v-united-states burden-of-proof criminal-procedure due-process fourteenth-amendment in-re-winship |
Whether the Due Process Clause of the Fourteenth Amendment allows reliance on an inference that is at best more likely than not, but not beyond a reas… |
| 18-6368 |
Dean Edward Calhoun v. Texas |
Texas |
2018-10-17 |
Denied |
IFP |
access-to-courts civil-procedure civil-rights constitutional-violations due-process equal-protection evidence standing state-law texas-criminal-justice |
Whether the Texas criminal justice system violated the petitioner's constitutional rights by denying them due process, equal protection, and access to… |
| 18-491 |
Cameron Heath Ray v. Oklahoma |
Oklahoma |
2018-10-17 |
Denied |
|
appellate-division circuit-split criminal-evidence criminal-procedure evidence fourth-amendment immediate-mobility law-enforcement mobility probable-cause search-and-seizure vehicle-search vehicle-seizure |
Whether it violates the Fourth Amendment to characterize a criminal suspect's car as evidence of a crime when the car is not used in the crime at issu… |
| 18-6327 |
Rolando Humphrey v. United States |
Fifth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3553a criminal-procedure criminal-sentencing due-process federal-sentencing judicial-determination judicial-discretion jury-role jury-trial sentencing-discretion sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-minimum |
Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 18-6329 |
Adan Sandoval Dominguez v. M. Eliot Spearman, Warden |
Ninth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
competency competency-standard constitutional-law criminal-procedure due-process factual-understanding judicial-standard major-depressive-disorder mental-competency mental-health rational-understanding standing trial-rights |
Did defendant meet the competency requirement to stand trial set forth in Godinez v. Moran, 509 U.S. 389 (1993)? |
| 18-6331 |
Vernon Robinson v. Florida |
Florida |
2018-10-16 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-law criminal-procedure due-process federal-courts habeas-corpus sentencing standing statutory-interpretation |
Whether the District Court of Appeals erred in dismissing petitioner's claim |
| 18-6334 |
Ahkeem Wiggins v. Robert C. Tanner, Warden |
Fifth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process enhancement-penalty guilty-plea ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining sentencing |
Whether the 1st Judicial District Court, Parish of Caddo, State of Louisiana had jurisdiction to accept a guilty plea to an enhancement penalty under … |
| 18-6335 |
George Jenkins v. United States |
Eleventh Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment drug-offense due-process first-time-offender non-violent-crime proportionality reasonableness-review sentencing-discretion sentencing-guidelines |
Whether the sentence imposed is unreasonable |
| 18-6336 |
Chamontae Walker v. United States |
District of Columbia |
2018-10-16 |
Denied |
IFP |
brady-disclosure brady-v-maryland constitutional-rights criminal-procedure disclosure due-diligence due-process evidence evidence-disclosure exculpatory-evidence prosecutorial-duty |
Is the government relieved of its Brady v. Maryland duty to disclose evidence favorable to the accused if the defense could obtain the evidence throug… |
| 18-6337 |
Travis W. Williams v. Missouri |
Missouri |
2018-10-16 |
Denied |
Response WaivedIFP |
burden-of-proof child-sex-offense criminal-procedure due-process federal-rules-of-evidence fourteenth-amendment mo-const-art-i-18c presumption-of-innocence propensity-evidence |
Whether the Fourteenth Amendment's Due Process Clause prohibits evidence that the defendant has an unrelated remote prior child sex offense conviction… |
| 18-6341 |
John William Lieba, II v. United States |
Ninth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
appeal appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence jury legal-standard standard-of-review sufficiency-of-evidence |
Whether sufficient evidence existed to convict Mr. Lieba? |
| 18-6342 |
Jaime Rene Lopez-Vaal v. United States |
Ninth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
accomplice-liability aggravated-felony criminal-law criminal-procedure due-process equal-protection federal-sentencing immigration immigration-law ninth-circuit-review sentencing statutory-interpretation void-for-vagueness |
Whether Section 1326(b) is unconstitutionally vague |
| 18-6344 |
Brandon Eugene Lacy v. Arkansas |
Arkansas |
2018-10-16 |
Denied |
IFP |
criminal-procedure cumulative-error cumulative-error-analysis fundamental-fairness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health neuropsychological-evaluation neuropsychological-testing Sixth-Amendment strickland-standard Strickland-v-Washington |
Whether the Arkansas Supreme Court misapplied Strickland v. Washington |
| 18-6347 |
Adam Brake v. United States |
First Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
burglary criminal-procedure criminal-sentencing double-counting firearm-enhancement firearm-theft guideline-enhancements guideline-range sentencing-considerations sentencing-guidelines stolen-firearm u.s.s.g-2k2.1 |
Whether the district court erred in applying impermissible double counting when calculating the guideline range |
| 18-6349 |
Daniel Israel Palomino v. United States |
Ninth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court-review due-process guideline-commentary judicial-discretion judicial-review legal-interpretation sentencing-factors sentencing-guidelines sentencing-procedure statutory-interpretation |
Whether a district court abuses its discretion in misapplying a sentencing guideline when it refuses to consider a factor expressly provided for in th… |
| 18-6300 |
Cheryl Singleton v. United States |
Eleventh Circuit |
2018-10-15 |
Denied |
Response WaivedIFP |
allocution criminal-procedure federal-rules federal-rules-of-criminal-procedure joint-stipulation presentence-investigation presentence-investigation-report sentencing |
Does the filing of joint stipulation(s) as to the presentence investigation report entitle the defendant to allocution on the modified terms, under Fe… |
| 18-6301 |
Darrell Lynn Dancy v. United States |
Eleventh Circuit |
2018-10-15 |
Denied |
Response WaivedIFP |
appeals-court armed-career-criminal-act controlled-substance criminal-procedure district-court factual-innocence predicate-offense sentencing-enhancement unlawful-distribution |
Whether the Appeals Court and District Court erred by failing to address Petitioner's factual innocence claim |
| 18-6324 |
Akinlabi Coleman v. Colorado |
Colorado |
2018-10-15 |
Denied |
Response WaivedIFP |
bench-trial constitutional-rights criminal-procedure due-process habitual-criminal habitual-offender jury-trial sixth-amendment |
Were Mr. Coleman's Sixth Amendment rights to a jury determination of every element of an offense violated when he was only allowed a bench trial to de… |
| 18-6302 |
Francisco Melgar-Cabrera v. United States |
Tenth Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
18-usc-924c crime-of-violence criminal-procedure federal-criminal-law hobbs-act predicate-felony predicate-offense sentencing-enhancement statutory-interpretation tenth-circuit |
Whether Hobbs Act robbery qualifies as a 'crime of violence' under 18 U.S.C. § 924(c) |
| 18-6304 |
Alex Lenard McCoy v. United States |
Fourth Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial |
Whether the Defendant's rights under Article III, Section 2, Fifth Amendment, Sixth Amendment were violated when the Defendant is induced to enter a p… |
| 18-6305 |
Igor Polshyn v. United States |
Eleventh Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process evidence reversal right-to-testify structural-error testimony |
Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutional… |
| 18-6307 |
Lorenzo Micquell Latimer v. Jeff Macomber, Warden |
Ninth Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-record due-process evidence evidence-code harmless-error ineffective-assistance plain-error prior-criminal-record |
When unacceptable insufficient evidence is portrayed upon the Defendant within a criminal case, by way of prior criminal record; does 'harmless error'… |
| 18-6308 |
Edwin Hernandez v. United States |
Second Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure due-process duress-defense jury-instructions second-circuit sentencing |
Did the Second Circuit err in finding that the district court's charge correctly stated the requirements for the duress defense? |
| 18-6313 |
Lacoya Washington v. United States |
Fifth Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
appeal conviction criminal-evidence criminal-law due-process evidence judicial-discretion sentencing sex-trafficking trial trial-severance |
Whether there was sufficient evidence presented at trial to convict Lacoya Washington of the sex-trafficking-crime |
| 18-6314 |
Vilaychith Khouanmany v. United States |
Eighth Circuit |
2018-10-12 |
Denied |
Response WaivedRelisted (2)IFP |
appointment-of-counsel career-offender civil-rights,due-process,criminal-procedure,senten criminal-procedure due-process excessive-sentences habeas-corpus pro-se-litigant procedural-due-process right-to-bail right-to-counsel sentence-enhancements sentencing speedy-trial |
Whether the denial of appealability of case no. 17-1243 was proper when the issues of career offender, enhancements of priors, and excessive sentences… |
| 18-6295 |
Steven Anthony Walcott, Jr. v. Louisiana |
Louisiana |
2018-10-11 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process ineffective-assistance-of-counsel right-to-appeal right-to-counsel right-to-fair-trial |
Did the district court err in denying the accused's petition for writ of habeas corpus? |
| 18-455 |
Aaron Joseph Emineth v. Oregon |
Oregon |
2018-10-11 |
Denied |
Response Waived |
14th-amendment burden-of-proof constitutional-rights criminal-procedure due-process fourteenth-amendment photo-radar standard-of-proof state-court-proceedings traffic-enforcement trial-court |
Did the state trial court violate Petitioner's constitutional right to Due Process under the Fourteenth Amendment of the United States Constitution by… |
| 18-6279 |
Samuel Kwushue v. United States |
Eleventh Circuit |
2018-10-11 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-11 elements-of-crime federal-regulation federal-regulations federal-rule-11 guilty-plea jurisdiction rule-11 statute-of-conviction statutory-elements wire-fraud |
Could a guilty plea, accepted in violation of Federal Rule of Criminal Procedure 11, support a conviction, when the conduct to which a defendant admit… |
| 18-6280 |
Thomas Gilmore Stewart v. United States |
Fifth Circuit |
2018-10-11 |
Denied |
Response WaivedIFP |
challenge criminal-procedure due-process habeas-corpus judicial-discretion revocation state-conviction state-court-conviction supervised-release |
Whether a district court's decision to revoke a term of supervised release that is based upon a previous state court conviction which is being challen… |
| 18-6293 |
Alfredo Martinez-Rey v. United States |
Fifth Circuit |
2018-10-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6265 |
Samuel Silva v. United States |
Tenth Circuit |
2018-10-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure criminal-statute evidence evidence-prejudice federal-firearms federal-rule-403 federal-rules-of-evidence felon-in-possession felon-possession firearm-possession jury-instruction jury-instructions prejudice prejudicial-evidence probative-value rule-403 |
Whether the practice of telling juries in a 18 U.S.C. § 922(g)(1) prosecution that the defendant is a previously-convicted felon should be excluded un… |
| 18-6267 |
Denise Robertson v. United States |
Ninth Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
circuit-court-conflict circuit-split criminal-procedure document-disclosure evidence-review in-camera-review jencks-act palermo-v-united-states reasonable-particularity threshold-showing united-states-v-palermo |
Whether a defendant must make a threshold showing with reasonable particularity that identified documents constitute 'statements' under the Jencks Act… |
| 18-6270 |
Cornelius Lynch v. Ohio |
Ohio |
2018-10-10 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-protection criminal-procedure defendant-rights double-jeopardy double-jeopardy,criminal-procedure,constitutional- due-process mistrial retrial trial-procedure |
May a state, consistent with the protections of the Double Jeopardy Clause, try a defendant a second time when the first trial ended in a mistrial whi… |
| 18-6271 |
Sonny Scott v. United States |
Fifth Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard booker-standard circuit-split criminal-procedure plain-error plain-error-review reasonableness-challenge reasonableness-standard sentencing sentencing-review standard-of-review substantive-reasonableness united-states-v-booker |
When—if at all—must a defendant object to the reasonableness of a sentence to preserve that argument for appellate review? |
| 18-6273 |
Antoine Davis v. United States |
Third Circuit |
2018-10-10 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion civil-procedure constitutional-rights due-process evidence evidence-exclusion fair-trial fifth-amendment government-witness ineffective-assistance-of-counsel plain-error sixth-amendment |
Whether the Lower Court Misapprehended its Abuse of discretion when the lower court excluded evidence of the Government witness, which evidence was pu… |
| 18-6284 |
Alphonso Churchwell, Jr. v. United States |
Eleventh Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
career-offender collateral-review criminal-procedure criminal-sentencing eleventh-circuit mandatory-guidelines residual-clause retroactivity sentencing-guidelines vagueness void-for-vagueness |
Whether U.S.S.G. § 4B1.2(a)(2)'s residual clause is void for vagueness with respect to defendants sentenced under the pre-Booker mandatory Guidelines |
| 18-6285 |
Mady Chan, aka Maddy, aka Mandy, aka Manny v. United States |
Ninth Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
constitutional-right constitutional-rights counsel-advice criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky sixth-amendment speedy-trial-act |
Should the holding in Padilla v. Kentucky extend to the attorney's failure to advise a client that under Speedy Trial Act a violation cannot be waived… |
| 18-6236 |
Thomas Lee Swan v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-10-09 |
Denied |
IFP |
civil-procedure civil-rights constitutional-provisions criminal-procedure due-process federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel jurisdiction reasons-for-granting-writ statement-of-case statutory-provisions |
Whether the 5th Circuit Court of Appeals erred in deferring to the state court's conviction of the petitioner despite the petitioner's claims of due p… |
| 18-6237 |
Jacob L. Smith v. United States |
Tenth Circuit |
2018-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553 appellate-review circuit-split criminal-procedure criminal-procedure-appeal due-process gall-v-united-states plain-error plain-error-review preservation-of-error sentencing sentencing-variance |
In order to preserve a § 3553(c) challenge to the adequacy of the district court's sentencing explanation, must a party, who is given no opportunity t… |
| 18-6245 |
Johnny Kirkland v. Progressive Insurance Company, et al. |
Alabama |
2018-10-09 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights directed-verdict due-process evidence motion-to-dismiss right-to-counsel standing |
Whether Raymond Lofer vs Wonton, and Negligence |
| 18-6248 |
Antonio Mercedes-Rijo v. United States |
First Circuit |
2018-10-09 |
Denied |
Response WaivedIFP |
congressional-power criminal-procedure define-and-punish-clause drug-trafficking due-process federal-jurisdiction high-seas mitigating-role sentencing sentencing-guidelines sentencing-guidelines-3b1.2 statutory-interpretation united-states-sentencing-commission |
Whether the Petitioner's Mitigating Role Should of Been Adjusted In Accordance With The United States Sentencing Guidelines § 3B1.2 |
| 18-6251 |
Lonnie James Pebley v. Colorado |
Colorado |
2018-10-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-misconduct reprosecution supervisory-authority trial-court |
Whether the federal double jeopardy protection barring reprosecution as a result of prosecutorial misconduct intended to provoke a mistrial was not sh… |
| 18-6253 |
Daniel R. Wesling v. Pennsylvania |
Pennsylvania |
2018-10-09 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-conviction criminal-procedure due-process indictment indictment-sufficiency pennsylvania-law presumption-of-innocence prosecutorial-standards vagueness victim-testimony |
Is the Commonwealth of Pennsylvania's conviction of the Petitioner with uncorroborated victim statements coupled with an indictment so vague as to des… |
| 18-6258 |
Steven Lazar v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2018-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aedpa aedpa-standard confession confession-voluntariness criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel merits-adjudication reliability standard-of-review third-circuit-review voluntariness |
Did not the Pennsylvania state courts and the Third Circuit Court of Appeals convolute the difference between a confession's voluntariness and its rel… |
| 18-6260 |
Jaime Traverso v. Maryland |
Maryland |
2018-10-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-law constitutional-review criminal-procedure due-process evidence-withholding full-faith-and-credit full-faith-credit-clause judicial-discretion law-of-case perjury prosecutorial-misconduct standing withheld-evidence |
Did the Maryland court abuse its discretion by refusing to reopen the law of the case established by the testimony of a convicted perjurer, withheld f… |
| 18-443 |
Bobby James Moore v. Texas |
Texas |
2018-10-09 |
Denied |
Amici (3)Relisted (5) |
capital-punishment clinical-criteria clinical-standards criminal-procedure eighth-amendment intellectual-disability lay-stereotypes medical-standards moore-v-texas |
Whether the Eighth Amendment and this Court's decision in Moore v. Texas, 137 S. Ct. 1039 (2017) prohibit relying on non-clinical criteria and lay ste… |
| 18-6216 |
Musonda Mulenga v. United States |
District of Columbia |
2018-10-05 |
Denied |
Response WaivedIFP |
carpenter-v-united-states criminal-conviction criminal-procedure district-court-procedure district-of-columbia due-process fourth-amendment harmless-error judicial-precedent legal-conflict second-degree-murder superior-court supreme-court-review |
Whether the opinion from the District of Columbia Court of Appeals is in conflict with opinion of this Court in Carpenter v. United States, 136 S.Ct. … |
| 18-6234 |
Scott Doyle Barrett v. Arizona |
Arizona |
2018-10-05 |
Denied |
Response WaivedIFP |
14th-amendment burden-of-proof child-molestation constitutional-rights criminal-procedure due-process sexual-motivation |
Does Arizona's statutory scheme, which excludes sexual motivation as an element of child molestation, unconstitutionally shift the burden of proof on … |
| 18-6198 |
Carlos Rafael Acosta-Joaquin v. United States |
First Circuit |
2018-10-04 |
Denied |
Response WaivedIFP |
42-usc-408(a)(7)(B) criminal-intent criminal-law criminal-procedure due-process false-representation federal-criminal-law identity-theft social-security-fraud social-security-number statutory-interpretation |
Is a defendant guilty of social-security-fraud under 42-usc-408(a)(7)(B) |
| 18-6200 |
Emmanuel Chukwuebuka Uzoechi v. David Wilson, et al. |
Fourth Circuit |
2018-10-04 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure discrimination due-process emotional-distress false-conviction intentional-infliction-of-emotional-distress malicious-prosecution title-ix |
Did the State of Maryland intentionally inflict emotional distress on Emmanuel C Uzoechi, and was Emmanuel C Uzoechi Maliciously prosecuted? |
| 18-6222 |
Donte Timothy Bacon v. United States |
Sixth Circuit |
2018-10-04 |
Denied |
Response WaivedIFP |
as-applied-challenges class-v-united-states commerce-clause constitutional-challenge constitutional-law criminal-procedure de-novo district-of-colombia-v-heller federal-criminalization federal-jurisdiction federal-prosecution firearm-regulation guilty-plea interstate-commerce intrastate-firearm-possession intrastate-firearm-sale plain-error second-amendment standard-of-review statutory-interpretation unconditional-guilty-plea united-states-v-lopez |
Whether as-applied constitutional challenges to statutes of conviction are waived by an unconditional guilty plea, and the standard of review |
| 18-6168 |
Soon Young Kim v. California |
California |
2018-10-03 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process judicial-misconduct prosecutorial-misconduct standing |
What would You do against such jurists, tremendous crimes as the National matter!? |
| 18-6169 |
Tracy L. Johnson v. United States |
Sixth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
924(c)-statute conspiracy criminal-law criminal-procedure double-jeopardy drug-conspiracy drug-crimes due-process firearm-possession informant-testimony law-enforcement-conduct mandatory-minimum mandatory-sentencing sentencing sentencing-enhancement |
Whether a defendant should be subject to a mandatory 25 year consecutive 924(c) sentence for the same drug Conspiracy |
| 18-6188 |
Andrew Lucero v. Colorado Department of Corrections |
Colorado |
2018-10-03 |
Denied |
Response WaivedIFP |
bill-of-rights constitutional-rights criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-issue liberty-interest procedural-default statutory-interpretation |
Whether the original Criminal Trial Court abused its discretion in its Procedural Defaults, ab initio, depriving petitioner of Constitutionally Secure… |
| 18-6203 |
Larry Hayes v. Marvin Plumley, Warden |
Fourth Circuit |
2018-10-03 |
Denied |
IFP |
5th-amendment confession-evidence criminal-procedure custodial-interrogation due-process false-confession miranda-rights miranda-waiver miranda-warning police-conduct police-interrogation voluntariness |
What constitutes a promise of leniency that destroys the voluntariness of a subsequent confession? |
| 18-6204 |
Jermaine Franklin v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge constitutional-law criminal-procedure due-process federal-jurisdiction fifth-circuit plea-agreement plea-bargaining unconstitutional waiver-of-appeal |
Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Franklin's Plea Agreement |
| 18-6205 |
Eliseo Guevara-Guevara v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
alleyne-rule alleyne-v-united-states almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure due-process enhanced-punishment immigration-law indictment judicial-precedent prior-conviction sentencing |
Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b) |
| 18-6206 |
Jason Randall Howard v. United States |
Fourth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process judicial-discretion procedural-reasonableness sentencing sentencing-disparities sentencing-factors sentencing-guidelines substantive-reasonableness variance-sentence |
Is Howard's 457% above-guideline variance sentence procedurally unreasonable because the District Court failed to consider the need to avoid unwarrant… |
| 18-6207 |
Manuel Ernesto Paiz Guevara v. United States |
Fourth Circuit |
2018-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion capital-crime capital-punishment criminal-procedure death-penalty eighth-amendment fourth-circuit-split mandatory-sentencing miller-v-alabama right-to-counsel sentencing sentencing-discretion statutory-interpretation |
Whether the Fourth Circuit erred in denying the defendant's request for two attorneys in a capital case |
| 18-6208 |
Nicholas Ryan Hemsher v. United States |
Eighth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
18-usc-3553 8th-circuit appellate-review circuit-split co-conspirators criminal-enhancement criminal-procedure sentencing-disparities sentencing-disparities-18-usc-3553-a-6 sentencing-disparity sentencing-guidelines statutory-interpretation |
Whether the Eighth Circuit Court of Appeals erred in finding that the statutory direction to avoid unwarranted disparities among defendants does not a… |
| 18-6212 |
Thomas Burgess v. Nicole English, Warden |
Eleventh Circuit |
2018-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
28-usc-2255e amendment-782 criminal-procedure intervening-arrest mandatory-minimum miscarriage-of-justice precedent-change savings-clause sentencing sentencing-modification sentencing-relief-28-usc-2255e |
Whether a defendant can seek relief under the savings clause of 28 U.S.C. § 2255(e) when the court of appeals changes its binding precedent to what th… |
| 18-417 |
W. Scott Harkonen v. United States |
Ninth Circuit |
2018-10-03 |
Denied |
Amici (2)Response Waived |
actual-innocence circuit-split coram-nobis criminal-conviction criminal-procedure due-process fraud habeas-corpus new-evidence post-conviction-relief standard writ-of-error-coram-nobis |
Whether a writ of error coram nobis should issue for a petitioner who presents 'compelling' new evidence that establishes his actual innocence of the … |
| 18-421 |
Jose Luis Cepeda-Cortes v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response Waived |
co-defendant criminal-procedure extraneous-criminal-acts federal-rules-of-criminal-procedure joint-trial jury-reliability prejudice rule-14a severance spill-over-effect zafiro-v-united-states |
Does a fair and consistent application of Rule 14(a) require this Court to re-examine its decision in Zafiro and clarify the factors to be considered … |
| 18-426 |
Anica Ashbourne v. Donna Hansberry, et al. |
District of Columbia |
2018-10-03 |
Denied |
Response Waived |
administrative-law agency-procedure arnett-v-kennedy codd-v-velger due-process evidence meaningful-opportunity-to-be-heard notice notice-of-termination personnel-records privacy-act privacy-act-5-usc-552a-e-5 third-party-verification |
Whether the D.C. Circuit erred in its rulings on the Privacy Act's verification requirement and the due process right to a meaningful opportunity to b… |
| 18-427 |
Masoud Bamdad v. United States |
Ninth Circuit |
2018-10-03 |
Denied |
Response WaivedRelisted (2) |
agency-policy controlled-substances court-jurisdiction criminal-procedure defective-indictment due-process fed.r.civ.p.-54(b) final-judgment habeas-corpus habeas-proceedings interstate-commerce jurisdiction medical-practice procedural-rules |
Whether a habeas court must adjudicate all claims of a habeas petitioner before making a final judgment and closing the case, or else the judgment is … |
| 18-428 |
United States v. Clifford Raymond Salas |
Tenth Circuit |
2018-10-03 |
Denied |
Relisted (2) |
constitutional-challenge constitutional-law criminal-procedure criminal-statute due-process federal-criminal-law firearm-offense firearms sentencing statutory-interpretation vagueness vagueness-doctrine void-for-vagueness |
Whether the subsection-specific definition of crime of violence' in 18 U.S.C. 924(c)(3)(B) is unconstitutionally vague |
| 18-431 |
United States v. Maurice Lamont Davis and Andre Levon Glover |
Fifth Circuit |
2018-10-03 |
Judgment Issued |
Amici (3)Relisted (2) |
armed-career-criminal-act constitutional-law criminal-procedure criminal-statute due-process federal-criminal-law firearm-offense firearms hobbs-act statutory-interpretation vagueness vagueness-doctrine void-for-vagueness |
Whether the subsection-specific definition of crime of violence' in 18 U.S.C. 924(c)(3)(B) is unconstitutionally vague |
| 18-410 |
Corey D. Yates v. United States |
District of Columbia |
2018-10-02 |
Denied |
|
brady-doctrine brady-v-maryland brady-violation criminal-procedure disclosure due-process evidence-suppression federal-state-courts-split materiality preserving-brady-doctrine prosecutorial-disclosure prosecutorial-misconduct reasonable-diligence suppressed-evidence |
Whether a defendant must show he did not know of and could not have reasonably obtained the suppressed evidence to establish a Brady violation |
| 18-411 |
Cindy Omidi v. United States |
Ninth Circuit |
2018-10-02 |
Denied |
Response Waived |
31-usc-5317 31-usc-5324 civil-procedure criminal-procedure due-process forfeiture jurisdictional-basis money-judgment personal-money-judgment statutory-interpretation structuring |
Whether a district court has authority to enter a personal money judgment against a person who violated 31 U.S.C. § 5324(a)(3) (structuring) when the … |
| 18-414 |
Carl M. Burnett v. Panasonic Corporation, et al. |
Federal Circuit |
2018-10-02 |
Denied |
Response Waived |
35-usc-101 analog-signal civil-procedure digital-data digital-signal electromagnetic-signal electronic-data evidence patent-eligibility patent-eligibility-35-usc-101 subject-matter-eligibility tangible-embodiment |
Whether electronic data is the tangible embodiment of an electromagnetic analog or digital signal and is therefore patent-eligible subject matter |
| 18-6161 |
Terrance Lombard v. United States |
Sixth Circuit |
2018-10-02 |
Denied |
Response WaivedIFP |
appellate-review clear-error clear-error-standard criminal-procedure district-court due-process motion-to-suppress standard-of-review suppression-hearing |
Did the court of appeals misapply the clear error standard by considering facts adduced at trial, but not considered by the district court during the … |
| 18-6165 |
Paul E. Rinehart v. Ohio |
Ohio |
2018-10-02 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure due-process judicial-fact-finding jury-trial sentencing-enhancement sentencing-guidelines sixth-amendment trial-by-jury |
Can a trial court enhance a defendant's sentence(s) to more than the minimum sentence upon judicial fact finding from a judge rather than the findings… |
| 18-6176 |
Michael Lucero v. California |
California |
2018-10-02 |
Denied |
IFP |
6th-amendment confrontation-clause constitutional-rights criminal-evidence criminal-procedure domestic-violence due-process evidence fourteenth-amendment prior-acts propensity propensity-evidence |
Whether the admission of prior acts of domestic violence to establish the petitioner's propensity to commit such crimes violated his right to due proc… |
| 18-6180 |
Brian Deronceler v. United States |
Eleventh Circuit |
2018-10-02 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-conviction criminal-procedure district-court due-process eleventh-circuit insufficient-evidence judgment-of-acquittal motion-for-acquittal sentencing sentencing-errors sufficiency-of-evidence |
Whether the evidence was insufficient to support the defendant's conviction and the motion for judgment of acquittal should have been granted |
| 18-6183 |
Reginald Lynch v. Hilton Hall, Jr., Warden, et al. |
Eleventh Circuit |
2018-10-02 |
Denied |
Response WaivedIFP |
confrontation-clause crawford-v-washington criminal-procedure davis-v-washington dying-declaration hearsay ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington |
Does petitioner receive ineffective assistance of counsel when trial counsel fails to object to testimony from a witness repeating the statements of a… |
| 18-6184 |
Robert Demetrius Barnes v. B. Masters, Warden |
Fourth Circuit |
2018-10-02 |
Denied |
Response WaivedIFP |
circuit-split concurrent-sentence criminal-procedure federal-appellate-courts federal-sentencing prior-undischarged-term prior-undischarged-term-of-imprisonment sentencing-guidelines sentencing-guidelines-manual-5g1.3(c) statutory-interpretation |
Whether the word concurrently' in Section 5G1.3(c) authorizes a sentencing court to run a sentence concurrently from the start of the pre-existing sen… |
| 18-6185 |
Jason Beckman v. Florida |
Florida |
2018-10-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi apprendi-v-new-jersey criminal-procedure due-process fact-finding factfinding jury-factfinding juvenile-sentencing life-sentence miller-factors miller-v-alabama sentencing-factors sixth-amendment |
Whether section 921.1401, Florida Statutes, violates the Sixth Amendment by allowing a judge rather than a jury to conduct the factfinding necessary t… |
| 18-6186 |
Alvin Gaitan Benitez, aka Pesadilla, aka Lil Pesadilla, aka Lil Tuner, aka Tooner, aka Lil Tunnel v. United States |
Fourth Circuit |
2018-10-02 |
Denied |
Response WaivedIFP |
antagonistic-defense antagonistic-defenses codefendant criminal-procedure due-process fair-trial interstate-commerce jurisdiction jurisdictional-element motion-for-severance severance |
Whether the circuit court erred in affirming the denial of a motion for severance |
| 18-6150 |
Noel Aquino-Florenciani v. United States |
First Circuit |
2018-10-01 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion child-pornography criminal-law criminal-procedure due-process internet-access internet-access-ban sentencing sentencing-guidelines supervised-release |
Whether the court's imposition of a total ban of internet access as a condition of supervised release is an overly broad and restrictive and without a… |
| 18-6151 |
Claude Thelemaque v. United States |
Eleventh Circuit |
2018-10-01 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof cocaine-distribution conspiracy criminal-law criminal-law-procedure drug-trafficking due-process evidence evidence-admissibility jurisdiction standard-of-proof witness-testimony |
Whether the government failed to prove beyond a reasonable doubt that Thelemaque conspired to distribute cocaine with knowledge that it would be impor… |
| 18-6152 |
M. E. D. v. New Jersey |
New Jersey |
2018-10-01 |
Denied |
Relisted (2)IFP |
child-endangerment criminal-procedure due-process evidence evidence-law fair-trial jury-instruction jury-instructions other-wrongs-evidence second-degree-child-endangerment victim-testimony witness-testimony |
Did the trial court violate petitioner's right under the due process clause to a fair trial when the court failed to instruct the jury properly on a k… |
| 18-6155 |
Christian Lemus Cerna, aka Leopardo, aka Bago, aka Vago, aka Gatito, aka Christian Josue Lemus Alfaro v. United States |
Fourth Circuit |
2018-10-01 |
Denied |
Response WaivedIFP |
brady-evidence-disclosure brady-violation brady-violations court-of-appeals criminal-procedure eighth-amendment eighth-amendment-sentencing evidence-admission false-testimony jury-instructions lesser-included-offenses mandatory-life-sentence severance-of-defendants uncharged-conduct-evidence uncharged-murder-evidence |
Whether the Court of Appeals erred in affirming the district court's decisions |
| 18-6158 |
Makandi L. Terry v. Larry Abraham, Chief, Dillon County Detention Center |
Fourth Circuit |
2018-10-01 |
Denied |
IFP |
brady-disclosure civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel jurisdiction plea-bargaining standing |
Should Petitioner Feery's case be reversed and remanded based upon direct evidence of ineffective assistance of counsel in his failure to disclose any… |
| 18-6159 |
Charlise Williams v. United States |
Seventh Circuit |
2018-10-01 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process evidence loss-calculation sentencing sixth-amendment victim-count |
Was the Petitioners Sixth Amendment right, under the Confrontation Clause violated? |
| 18-405 |
Shabnam Dastmalchian v. Department of Justice, et al. |
Ninth Circuit |
2018-10-01 |
Denied |
Response Waived |
asset-forfeiture civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-criminal-procedure federal-immunity government-overreach government-seizure innocent-third-party property-rights takings third-party-property |
Whether the interplay of the Constitution, Fed.R.Crim.P.7(c)(2), and 21 U.S.C. § 853 allow government employees to seize an innocent third party Calif… |
| 18-407 |
Matthew John Stickle v. Virginia |
Virginia |
2018-10-01 |
Denied |
Response Waived |
constitutional-rights criminal-procedure curtilage due-process fourteenth-amendment fourth-amendment fourth-amendment,fourteenth-amendment,search-and-s ip-address search-and-seizure threshold warrantless-search |
Was the evidence in this case unlawfully obtained as a result of an unlawful search and seizure in violation of the Fourth and Fourteenth Amendments? |
| 18-396 |
Brittan Holland, et al. v. Kelly Rosen, et al. |
Third Circuit |
2018-09-28 |
Denied |
Amici (2)Response Waived |
bail bail-reform-act criminal-procedure due-process eighth-amendment fourth-amendment monetary-bail new-jersey pretrial-detention pretrial-liberty restrictive-conditions |
Whether New Jersey's law prohibiting courts from considering monetary bail unless no combination of non-monetary conditions will reasonably assure the… |
| 18-401 |
Faye Rennell Hobson v. James Mattis, Secretary of Defense |
Sixth Circuit |
2018-09-28 |
Denied |
Response WaivedRelisted (2) |
bias civil-rights constitutional-rights due-process due-process-violation evidence fifth-amendment judicial-bias legal-standard pro-se pro-se-litigant united-states-constitution |
What is the level of bias that must be demonstrated before it constitutes a violation of a pro se litigant's right to due process guaranteed by the Fi… |
| 18-404 |
The Colorado Independent v. District Court for the Eighteenth Judicial District of Colorado, et al. |
Colorado |
2018-09-28 |
Denied |
Amici (4)Response RequestedResponse WaivedRelisted (2) |
capital-murder court-records criminal-procedure due-process first-amendment first-amendment-access judicial-proceedings press-enterprise press-enterprise-co-v-superior-court press-enterprise-doctrine public-access qualified-right |
Does the public's qualified First Amendment right of access apply to the substantive motion papers, hearing transcripts and court orders filed in a ca… |
| 18-6110 |
Mikal Mahdi v. South Carolina |
South Carolina |
2018-09-28 |
Denied |
IFP |
appointment-of-counsel capital-punishment constitutional-rights criminal-procedure death-penalty death-sentence habeas-corpus indigent-counsel ineffective-assistance-of-counsel post-conviction-relief procedural-history right-to-counsel sixth-amendment south-carolina-supreme-court state-court |
Whether the Sixth Amendment right to effective assistance of counsel was violated when the state post-conviction court failed to appoint counsel for M… |
| 18-6111 |
Thompson Christopher Kyle Mandrell v. United States |
Tenth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3553a6 appellate-review criminal-procedure federal-sentencing judicial-discretion sentence-disparity sentencing-disparities sentencing-guidelines statutory-interpretation |
Whether the federal sentencing court failed to properly consider and apply 18 U.S.C. § 3553(a)(6) regarding unwarranted sentence disparities |
| 18-6112 |
Opherro G. Jones v. United States |
Ninth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
advisory-guidelines beckles-v-united-states certificate-of-appealability criminal-procedure due-process misinformation sentencing sentencing-guidelines townsend-v-burke void-for-vagueness |
Due process-precludes-reliance-on-misinformation-at-sentencing |
| 18-6124 |
Sherman Washington, aka Sherman Lance Washington v. Carmen Denise Palmer, Warden |
Sixth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence evidence-admission fair-trial fair-trial-denial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mre-404b other-bad-acts other-bad-acts-testimony res-gestae sixth-amendment |
Whether petitioner was denied a fair trial by the admission of irrelevant other bad acts testimony |
| 18-6132 |
Marlon Oliver v. United States |
Sixth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
2011 plea offer not requiring cooperation and def criminal-procedure criminal-procedure-ineffective-assistance-of-couns due-process ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer right-to-counsel sixth-amendment |
Whether there is a reasonable probability that the court below would vacate petitioner's conviction, giving the opportunity to consider this Court's d… |
| 18-6137 |
Steven Doyle Burton v. United States |
Ninth Circuit |
2018-09-28 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process fourth-amendment probation probation-search probation-searches reasonable-suspicion search search-condition standing |
Whether the Fourth Amendment allows probation searches without reasonable suspicion |
| 18-6141 |
Damian O'Neil Towne v. United States |
Fifth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure government-objection ineffective-assistance ineffective-assistance-of-counsel judicial-review notice-of-appeal sentencing-error sentencing-guidelines sentencing-miscalculation untimely-notice-of-appeal |
Whether a gross miscalculation of the sentencing guideline range should be corrected where a defendant's appellate waiver does not preclude an appeal … |
| 18-6113 |
Frank J. Ballesteros v. United States |
Eleventh Circuit |
2018-09-27 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-procedure fairness fairness-doctrine integrity judicial-proceedings judicial-review post-conviction-relief pro-se-applicant public-reputation resentencing sentencing sentencing-guidelines |
Should this Court grant review of the court of appeals' decision based on this Court's subsequent decision in Rosales-Mireles v. United States that re… |
| 18-6120 |
Jose Ramon Pulido-Nolazco v. United States |
Eleventh Circuit |
2018-09-27 |
Denied |
Response WaivedIFP |
circuit-split criminal-justice criminal-procedure criminal-sentencing due-process federal-procedure prior-conviction sentencing sex-offender sex-offender-treatment supervised-release |
Whether the age of a prior sex offense conviction is a factor the court must consider when determining whether to impose sex offender treatment as a c… |
| 18-6121 |
Benjamin Vega-Garcia, aka Carlos Moreno Molina v. United States |
Fifth Circuit |
2018-09-27 |
Denied |
Response WaivedIFP |
certiorari-standard constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent precedent precedent-overruling recidivism sentencing stare-decisis statutory-interpretation supreme-court supreme-court-review |
Whether the Court should overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998) |
| 18-391 |
Arizona v. Guy James Goodman |
Arizona |
2018-09-27 |
Denied |
Amici (5)Response RequestedResponse WaivedRelisted (2) |
adversarial-hearing bail-denial bail-restrictions clear-proof criminal-procedure due-process facial-unconstitutionality pretrial-detention salerno sexual-assault united-states-v-salerno |
Did the Arizona Supreme Court err in holding that United States v. Salerno, 481 U.S. 739 (1987), prohibits a State from denying bail to an arrestee wh… |
| 18-6089 |
Marie Therese Assa'ad-Faltas v. City of Columbia, South Carolina |
South Carolina |
2018-09-26 |
Denied |
IFP |
constitutional-rights criminal-procedure defense-expenses due-process equal-protection indigent-criminal-defendant indigent-defense pro-se pro-se-defense sovereign-immunity takings |
Whether South Carolina's Defense of Indigents Act denies equal protection between criminal defendants who choose to proceed pro se and those with stat… |
| 18-6092 |
Robert Dion Ables v. United States |
Fifth Circuit |
2018-09-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-appeals criminal-procedure criminal-procedure-plain-error-review empirical-analysis empirical-foundation-of-guidelines guideline-2g2.2 judicial-discretion plain-error sentencing sentencing-guidelines sentencing-policy substantive-reasonableness substantive-reasonableness-of-sentences |
Whether factual error is categorically immune from plain error review? |
| 18-6103 |
Fernando Valdez-Cejas v. United States |
Fifth Circuit |
2018-09-26 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure due-process plea-bargaining prior-conviction sentencing statutory-enhancement statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-6105 |
John Patrick Wallace v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-09-26 |
Denied |
IFP |
civil-procedure civil-rights due-process evidence exculpatory exculpatory-evidence fourteenth-amendment impartial-tribunal witness witness-rights |
Was the petitioner denied an impartial tribunal under the Due Process Clause of the Fourteenth Amendment? |
| 18-6078 |
Carlton B. Springer v. Ohio |
Ohio |
2018-09-25 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-right criminal-procedure due-process ineffective-assistance-of-counsel outcome-determinative prejudice-prong sixth-amendment standing |
Do Ohio Courts err when they insist that the prejudice prong of an ineffective assistance of counsel claim requires proof that counsel's deficient per… |
| 18-6090 |
Eric Williams v. Pennsylvania |
Pennsylvania |
2018-09-25 |
Denied |
Response WaivedIFP |
actual-innocence appellate-procedure criminal-procedure due-diligence due-process evidentiary-hearing habeas-corpus post-conviction-relief recantation recantation-evidence witness-recantation |
Did the Pennsylvania Superior Court and Common Pleas Court abuse their discretion by denying Williams an evidentiary hearing to review the merits of h… |
| 18-6091 |
In Re Steven A. Walcott, Jr. |
|
2018-09-25 |
Denied |
IFP |
bail civil-rights criminal-procedure detention due-process equal-protection ineffective-assistance-of-counsel pretrial-detention release speedy-trial |
Whether the State of Louisiana violated the petitioner's constitutional rights |
| 18-6098 |
Joe Johnson, Jr. v. Oklahoma |
Oklahoma |
2018-09-25 |
GVR |
Response RequestedRelisted (5)IFP |
criminal-procedure federal-jurisdiction federal-subject-matter-jurisdiction indian-country indian-law major-crimes-act organic-act prospective-decisions seminole-country seminole-tribe state-waiver-rule subject-matter-jurisdiction |
Whether the Supreme Court clearly established the prospective decisions that Seminole Country written in Congress Organic Act invokes the Major Crimes… |
| 18-6064 |
Robert L. Rose v. Leroy Kirkegard, Warden, et al. |
Ninth Circuit |
2018-09-24 |
Denied |
IFP |
constitutional-rights criminal-procedure ineffective-assistance lafler-v-cooper plea-negotiations remedies remedy sixth-amendment united-states-v-morrison |
What is the proper remedy when a defendant's lawyer fails to inform her client of, or offers deficient advice as to whether to accept, a favorable ple… |
| 18-6065 |
In Re Eric M. Richardson |
|
2018-09-24 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fifth-amendment grand-jury habeas-corpus judicial-procedure pro-se-petition sentencing standing |
Whether the petitioner's conviction and sentence violated his Fifth Amendment right to be tried only on an offense made out in a presentment or indict… |
| 18-6076 |
Wilton Eugene Sandifer, Sr. v. Florida |
Florida |
2018-09-24 |
Denied |
Response WaivedIFP |
14th-amendment 4th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence-law mandamus standing state-court third-party-guilt trial-rights |
Whether the petitioner was denied due process and equal protection under the 14th Amendment by the state court's denial of his petition for a writ of … |
| 18-6081 |
Manuel Enrique Camacho v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2018-09-24 |
Denied |
Response WaivedIFP |
cognitive-impairment competency criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competency psychiatric-evaluation psychiatric-report |
Whether trial counsel was ineffective for failing to determine if Mr. Camacho was competent to enter a guilty plea |
| 18-6083 |
Jesus Manuel Laureano-Perez v. United States |
First Circuit |
2018-09-24 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure district-court-discretion due-process government-prosecution plea-agreement sentencing sentencing-enhancement sentencing-guidelines standard-of-review uncharged-conduct |
Whether the district court erred in enhancing Laureano's sentence based on uncharged conduct |
| 18-6084 |
Sharon Lee v. Florida |
Florida |
2018-09-24 |
Denied |
Response WaivedIFP |
competency constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice mental-capacity plea-bargaining |
Was the petitioner's constitutional rights violated when the petitioner unknowingly and unintelligently accepted a plea to a second degree murder char… |
| 18-6087 |
Samuel Raphael Johnson v. United States |
Eighth Circuit |
2018-09-24 |
Denied |
Response WaivedIFP |
§2255-motion 28-usc-2255 criminal-procedure federal-procedure habeas-corpus judicial-review post-conviction-relief procedural-default successive-petitions |
Does asking the district court to reopen the habeas proceeding to consider all issues presented constitute a second or successive §2255 motion? |
| 18-6057 |
Omar Sosa-Gonzalez v. United States |
First Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process exclusionary-rule first-circuit fourth-amendment probable-cause search-and-seizure sentencing standing statutory-interpretation |
Whether the First Circuit erred in affirming the district court's denial of petitioner's motion to suppress evidence obtained in violation of the Four… |
| 18-6066 |
Melvin Noel Vasquez v. United States |
Fifth Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
criminal-procedure de-novo-review downward-adjustment due-process federal-sentencing fifth-circuit minimal-role mitigating-role sentencing-guidelines sentencing-guidelines-3b1.2 standard-of-review |
Whether the Fifth Circuit's cursory review rather than the proper de novo review resulted in a misapplication of the provision of U.S.S.G. § 3B1.2 den… |
| 18-6067 |
Edward Lee Lewis v. United States |
Fourth Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
armed-career-criminal-act booker-standard circuit-split criminal-procedure due-process overserved-sentence plainly-unreasonable reasonableness revocation-sentence sentencing sentencing-standard standard-of-review supervised-release |
Whether the appropriate standard of review for a sentence following the revocation of supervised release is the plainly unreasonable' standard or the … |
| 18-6069 |
Joel Cadena v. United States |
Fifth Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
appeal case-holding circuit-split criminal-procedure due-process habeas-corpus legal-deferral pending-litigation petition-for-writ sentencing statutory-interpretation stay supreme-court supreme-court-review |
Whether this Court should hold the instant Petition until the resolution of Stokeling v. United States |
| 18-6072 |
Cristian Gamez Mendez v. United States |
Fifth Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-6035 |
Zachary Chambers v. United States |
Third Circuit |
2018-09-20 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sentencing-exposure sixth-amendment trial-counsel |
Whether the lower court abused its discretion in ruling that trial counsel's erroneous advice about petitioner's sentencing exposure if he proceed to … |
| 18-6047 |
Leo Llowlyn Seed v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-09-20 |
Denied |
IFP |
alibi appeal charging-information civil-rights constitutional-rights criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions trial-counsel verdict-form witness-investigation |
Whether trial counsel was ineffective for multiple reasons |
| 18-6056 |
Harley Blevins, Sr. v. Florida |
Florida |
2018-09-20 |
Denied |
Response WaivedIFP |
almendarez-torres constitutional-law criminal-procedure criminal-punishment-code due-process jury-trial jury-verdict prior-conviction sentence-enhancement sentencing sentencing-enhancement sixth-amendment |
Whether Florida's Prison Releasee Reoffender Act is unconstitutional and a violation of the Sixth Amendment in light of Hurst v. Florida, Alleyne v. U… |
| 18-6063 |
Craig Alexander v. United States |
Fifth Circuit |
2018-09-20 |
Denied |
Response WaivedIFP |
appeals criminal-history criminal-procedure disciplinary-infractions due-process judicial-discretion judicial-interpretation section-3582 sentencing sentencing-discretion sentencing-guidelines statutory-interpretation |
Whether the Supreme Court should resolve split decisions in the lower court as to how far a Judge must explain and/or elaborate on a decision to grant… |
| 18-369 |
Fidencio Valdez v. Texas |
Texas |
2018-09-20 |
Denied |
|
circumstantial-evidence constitutional-due-process criminal-procedure due-process false-evidence false-testimony perjury prosecutorial-misconduct tacit-agreement timely-objection trier-of-fact void-for-vagueness witness-testimony |
Whether a defendant must timely object to a prosecutor's use of false or perjured evidence |
| 18-361 |
Lael J. Alleyne v. Pennsylvania |
Pennsylvania |
2018-09-19 |
Denied |
|
appeal appellate-review criminal-law criminal-procedure due-process imperfect-self-defense jury-instructions manslaughter self-defense supreme-court-pennsylvania trial-court-error voluntary-manslaughter |
Whether the Supreme Court of Pennsylvania erred in denying a Petition for Allowance of Appeal despite the trial court's improper exclusion of voluntar… |
| 18-6030 |
Jason M. Smith v. United States |
Second Circuit |
2018-09-19 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-waiver collateral-attack constitutional-rights criminal-procedure due-process plea-agreement public-policy sentencing |
Whether a plea agreement in which a defendant agrees to waive his right to appeal and collaterally attack any legal sentence imposed violates due proc… |
| 18-6034 |
In Re Gregory Wayne Burwell |
|
2018-09-19 |
Denied |
Response WaivedIFP |
criminal-procedure federal-grand-jury federal-rules-of-criminal-procedure fifth-amendment firearm-offenses forged-indictment grand-jury indictment-validity non-existent-crimes non-existent-offenses sentencing subject-matter-jurisdiction |
Whether the District Court and Fourth Circuit Court of Appeal's had subject matter jurisdiction over the criminal case |
| 18-6038 |
Carlos D. Villavicencio v. Julie L. Jones, Secretary, Florida Department of Corrections |
Florida |
2018-09-19 |
Denied |
Relisted (2)IFP |
14th-amendment criminal-procedure double-jeopardy due-process jurisdiction nolle-prosequi prosecutorial-misconduct speedy-trial statute-of-limitations |
Whether the prosecution (State of Florida) retained jurisdiction after the speedy trial period expired |
| 18-6040 |
Daniel Lee Thornberry v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2018-09-19 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process habeas-corpus sentencing standing |
Does the petition state a substantial showing of the denial of a constitutional right cognizable on 28 USC 2254 and under 28 USC 2255(2)? |
| 18-6041 |
Robert Burse v. United States |
Fifth Circuit |
2018-09-19 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure cross-reference district-court error firearms-offense review sentencing-guidelines u.s.s.g.-§-2k2.1(c)(1)(a) u.s.s.g.-2k2.1(c)(1)(a) |
Whether the district court erred by applying the Sentencing Guidelines cross reference under U.S.S.G. § 2K2.1(c)(1)(A) |
| 18-6042 |
Ronald Eric Ary v. United States |
Fifth Circuit |
2018-09-19 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure criminal-sentencing deferred-adjudication due-process indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum |
Whether a Texas deferred adjudication qualifies as a prior conviction for sentencing enhancement |
| 18-5978 |
John Robert Register, Jr. v. United States |
Eleventh Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
career-offender civil-rights criminal-procedure drug-possession due-process plain-error prior-convictions sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation |
Did the court commit a plain error by applying a career offender enhancement to petitioner, even though his prior convictions neither of which had the… |
| 18-5982 |
Todd F. Britton-Harr v. United States |
Fifth Circuit |
2018-09-18 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice prejudice-standard reasonable-person sixth-amendment |
Does the Court's decision in Lee v. United States, 137 S.Ct. 1958 (2017) allow lower courts to require a showing that a 'reasonable person' would have… |
| 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 … |
| 18-6014 |
Javier Vega-Orozco v. United States |
Fifth Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres apprendi Certiorari criminal-procedure due-process sentencing sixth-amendment Supreme-Court |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 18-6016 |
Fabian Sandoval-Ramos v. United States |
Ninth Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
conspiracy controlled-substances criminal-procedure criminal-sentencing drug-offense due-process enhancement-factor mandatory-minimum-sentence mandatory-minimum-sentences sentencing sentencing-enhancements statutory-interpretation |
In order to trigger a mandatory minimum sentence, must the government allege and prove that an enhancement factor was the object of the conspiracy, or… |
| 18-6026 |
James Ray Booth v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
amendments appeals circuit-court-decision civil-procedure criminal-procedure due-process habeas-corpus judicial-review jurisdiction ministerial-correction procedural-relief sentence-amendment sentencing |
Whether the Circuit Court's decision nullified amendments to Petitioners' sentences and deprived him of the ability to seek habeas corpus relief in th… |
| 18-6028 |
Maurice Baum v. United States |
Fourth Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure drug-amount drug-crimes due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment |
Was Trial Counsel's failure to object to the District Court's determination and findings of the drug amount attributable to the Petitioner objectively… |
| 18-6029 |
Debra Ann Aquilina v. Sarah Davis, Administrator, Edna Mahan Correctional Facility, et al. |
Third Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
cause-of-death constitutional-rights criminal-procedure due-process expert-opinion expert-testimony ineffective-assistance ineffective-assistance-of-counsel medical-examiner right-to-counsel right-to-effective-counsel sixth-amendment trial-counsel trial-errors trial-proceedings |
Did the petitioner's trial counsel provide constitutionally ineffective assistance, violated petitioner's right to effective assistance of counsel, be… |
| 18-352 |
South Carolina v. Raymond Lewis Young |
South Carolina |
2018-09-18 |
Denied |
|
appellate-review batson-challenge batson-review constitutional-law criminal-procedure deference-to-trial-court discretionary-review equal-protection federal-question jury-selection peremptory-challenges racial-discrimination trial-court-deference |
Whether the South Carolina Court of Appeals erred in reversing Respondent's conviction on grounds that the trial court failed to conduct a proper Bats… |
| 18-6007 |
Valerie Louise Williams v. United States |
Fourth Circuit |
2018-09-17 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review criminal-procedure downward-variance federal-sentencing federal-sentencing-guidelines judicial-discretion presumption-of-reasonableness sentencing sentencing-guidelines substantive-reasonableness |
Whether the Court Should Grant Certiorari to Provide Further Clarification as to the Presumption of Substantive Reasonableness for Downward Variances … |
| 18-5984 |
Murad H. Beyah v. New Jersey |
New Jersey |
2018-09-14 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process government-misconduct habeas-corpus self-representation standing |
Whether HASAN MURAD OSTRES AND BRYAN was unconstitutionally deprived of the right to self-representation |
| 18-5985 |
Jeffery Dana Sparks v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Oregon |
2018-09-14 |
Denied |
IFP |
constitutional-rights criminal-procedure cross-examination death-penalty evidence-presentation expert-testimony expert-witnesses ineffective-assistance ineffective-assistance-of-counsel prosecution-experts prosecution-theory trial-strategy |
Whether defense counsel in a death penalty trial provided effective assistance |
| 18-5988 |
Master Baye Balah Allah v. Brian Wilson, et al. |
Second Circuit |
2018-09-14 |
Denied |
IFP |
28-usc-1915-e abuse-of-discretion appellate-review civil-procedure civil-procedure,standing,due-process,abuse-of-disc court-of-appeals due-process evidence federal-statute legal-standard lower-court standing |
Whether the court of appeals abused its discretion |
| 18-5993 |
Douglas Roy Burns v. Connie Horton, Warden |
Sixth Circuit |
2018-09-14 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process evidence jury-instructions mens-rea specific-intent |
Whether a state court must constitutionally recognize and allow a defense in the form of testimony and/or other relevant evidence which disproves the … |
| 18-5994 |
Ricky Wayne White v. Arkansas |
Arkansas |
2018-09-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus judicial-error legal-relief maximum-sentence misdemeanor-enhancement sentencing sentencing-error state-court-jurisdiction state-courts |
Is an error of a lower State Court in exceeding the maximum sentence legally allowed, cognizable for relief at any time? |
| 18-5996 |
Gene Lemay Barris v. United States |
Eighth Circuit |
2018-09-14 |
Denied |
Response WaivedIFP |
appeal criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment habeas-corpus ineffective-assistance-of-counsel sentencing unreasonable-sentence |
Whether the sentencing court erred in imposing an unreasonable sentence on the defendant in violation of the Eighth Amendment's prohibition on cruel a… |
| 18-5999 |
Joe Litton Bailey v. Louisiana |
Louisiana |
2018-09-14 |
Denied |
IFP |
criminal-conviction criminal-procedure due-process evidence habitual-offender jury-trial reasonable-doubt sentencing-enhancement sufficiency-of-evidence |
Was the evidence presented to the jury sufficient to convict Bailey beyond a reasonable doubt? |
| 18-335 |
Nathaniel Teamer v. Scott Lewis, Warden |
Fourth Circuit |
2018-09-14 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process fair-trial judicial-bias jury-instructions south-carolina state-court supreme-court truth-seeking |
Does the South Carolina Supreme Court's acceptance of judges instructing the jury that its 'sole objective is to simply reach the truth of the matter'… |
| 18-5960 |
Kenneth Gharib v. Thomas H. Casey |
Ninth Circuit |
2018-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-contempt coercive-confinement criminal-procedure due-process indefinite-confinement judicial-discretion recalcitrant-witness-statute witness-statute |
Whether the Recalcitrant Witness Statute's eighteen-month cap on coercive confinement, or a similarly objective measure, should inform the due process… |
| 18-5961 |
Vincent Michael Marino v. Barbara Rickard, Warden |
Fourth Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
appeals civil-rights collateral-attack constitutional-procedure criminal-procedure criminal-trial double-jeopardy due-process habeas-corpus jurisdiction jury-jeopardy supreme-court-precedent |
Whether the District Court, Appeals Court for the Second Circuit, and the Second Circuit Court of Appeals sitting En Banc committed reversible legal e… |
| 18-5973 |
Alvin Ramirez-De Jesus v. United States |
First Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
18-usc-3553(a) booker-standard criminal-procedure drug-conspiracy exclusionary-rule fourth-amendment probable-cause probation-revocation procedural-reasonableness reasonable-suspicion search-and-seizure sentencing-factors sentencing-guidelines substantive-reasonableness supervised-release |
Whether the First Circuit erred in affirming the district court's denial of the petitioner's motion to suppress evidence obtained in violation of the … |
| 18-5979 |
Malik Derry v. United States |
Third Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment brady-v-maryland brady-violation conspiracy constitutional-rights criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment law-of-case right-to-be-present right-to-counsel sixth-amendment suppression-of-evidence |
Whether the Fifth or Sixth Amendments, or Rules 43 and 44 of the Federal Rules of Criminal Procedure, are violated |
| 18-5926 |
Darnell Wilkins v. Jay Lane, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2018-09-12 |
Denied |
IFP |
civil-rights criminal-procedure due-process equitable-tolling guilty-plea habeas-corpus mental-health mental-incapacity pcra psychotropic-medications standing |
Did petitioner's mental incapacity not entitle him to equitable tolling? |
| 18-5929 |
David T. Odom v. United States |
Fourth Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
appeal conditional-plea conditional-plea-agreement criminal-procedure district-court due-process federal-appeals-court fourth-circuit plea-agreement standard-of-review statute-of-limitations |
Whether a defendant can make a knowing and voluntary decision under a conditional plea agreement when, believing he is preserving his Motion to Dismis… |
| 18-5944 |
Rafael Tanco-Pizarro v. United States |
First Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3583 criminal-procedure criminal-sentencing discovery due-process revocation revocation-hearing sentencing sentencing-guidelines statutory-interpretation supervised-release title-18-usc |
Whether the punishment factor of the federal sentencing statute, Title 18 U.S.C §3553(a)(2)(A), is a permissible or prohibited factor in sentencing a … |
| 18-5954 |
Don Ray White v. Texas |
Texas |
2018-09-12 |
Denied |
IFP |
civil-rights criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jurisdiction standing |
Whether the lower court had jurisdiction to entertain the petitioner's claim that the indictment was presented without jurisdiction |
| 18-5956 |
James E. Whitney v. Arkansas |
Arkansas |
2018-09-12 |
Denied |
Response WaivedIFP |
appeal civil-procedure civil-rights criminal-procedure due-process evidence patent search-and-seizure standing takings |
Whether the petitioner's constitutional rights were violated by the state court's denial of his motion to suppress evidence obtained in violation of t… |
| 18-5957 |
Raul Arcila v. United States |
Ninth Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
21-usc-841 criminal-procedure drug-statute due-process evidentiary-issues jury-evidence jury-instructions plain-error proximate-cause sentencing-factor unfair-prejudice |
Whether the District Court committed plain error by allowing the government to convert a sentencing factor into a proximate cause element |
| 18-5924 |
Evangelisto Ramos v. Louisiana |
Louisiana |
2018-09-11 |
Judgment Issued |
Amici (12)Response RequestedResponse WaivedRelisted (9)IFP |
14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment incorporation incorporation-doctrine racial-discrimination sixth-amendment stare-decisis unanimous-jury unanimous-verdict |
Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict? |
| 18-5928 |
Ricardo Limon-Urenda v. United States |
Eighth Circuit |
2018-09-11 |
Denied |
Response WaivedIFP |
6th-amendment ambiguous-answer criminal-procedure hearing impartial-jury impartiality ineffective-assistance juror-impartiality jury-selection prospective-juror right-to-counsel sixth-amendment |
Whether trial counsel rendered ineffective assistance under the 6th Amendment |
| 18-5932 |
Ronald Jones v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2018-09-11 |
Denied |
Response WaivedIFP |
actual-innocence certificate-of-appealability constitutional-violation criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus medical-evidence section-2254 sixth-amendment state-conviction |
Whether Petitioner has shown clear and convincing evidence of a credible actual-innocence claim from his State conviction? |
| 18-5934 |
Deborah M. Wagner v. United States |
Fourth Circuit |
2018-09-11 |
Denied |
Response WaivedIFP |
appeal civil-procedure criminal-appeal criminal-law criminal-procedure district-court-jurisdiction due-process mandatory-victim-restitution-act mvra plea-agreement restitution restitution-order sentencing statutory-authority statutory-interpretation |
Whether the district court's restitution order was outside the statutory authority of the MVRA |
| 18-5938 |
Mark David Bailey v. Noah Nagy, Warden |
Sixth Circuit |
2018-09-11 |
Denied |
Response WaivedIFP |
brady-violation constitutional-error criminal-procedure due-process evidence expert-evidence habeas-corpus sixth-amendment sixth-circuit-review suppression-of-evidence |
Can a fairminded jurist exclude expert evidence indicating that someone else committed a murder based solely on the jurist's lay disagreement with the… |
| 18-308 |
Anthony Rayshon Bethea v. North Carolina |
North Carolina |
2018-09-11 |
Denied |
Amici (3)Response RequestedRelisted (2) |
civil-rights constitutional-challenge constitutional-law criminal-law criminal-procedure due-process ex-post-facto punitive-restrictions retroactive-application sex-offender-registration smith-v-doe |
Whether the retroactive application of North Carolina's sex offender registration statute violates the Ex Post Facto Clause |
| 18-313 |
Albon C. Diamond, III v. Florida |
Florida |
2018-09-11 |
Denied |
Response Waived |
criminal-procedure due-process effective-assistance-of-counsel impeachment ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony sixth-amendment strategic-decisions strickland strickland-standard |
Whether the Sixth Amendment's guarantee of effective attorney representation requires a finding of ineffective assistance of counsel where the trial a… |
| 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? |
| 18-5921 |
Jeffrey Allen Stevens v. United States |
Tenth Circuit |
2018-09-10 |
Denied |
Response WaivedIFP |
1st-amendment civil-procedure civil-rights civil-unrest constitutional-rights criminal-procedure due-process first-amendment free-speech jury-trial law-enforcement-misconduct standing |
Are Predictions of Civil Unrest or Violent Revolt Protected Speech under the First Amendment? |
| 18-5910 |
Curtis Dee Packard v. Barry Goodrich, Warden, et al. |
Tenth Circuit |
2018-09-07 |
Denied |
Response WaivedIFP |
6th-amendment assistance-of-counsel confrontation-clause criminal-procedure due-process ineffective-assistance pro-se-representation public-defender right-to-counsel self-representation sixth-amendment trial-court withdrawal-of-counsel |
Whether both the trial court and the State's Public Defender''s Office invited error and erroneously denied the Petitioner his 6th Amendment rights to… |
| 18-5913 |
Alfonso Escobedo Garcia v. United States |
Fifth Circuit |
2018-09-07 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure empirical-basis fifth-circuit judicial-review methamphetamine-sentencing presumption-of-reasonableness reasonableness-review second-circuit sentencing-commission sentencing-guidelines |
Is a sentence imposed under the methamphetamine sentencing guideline entitled to a presumption of reasonableness? |
| 18-5914 |
Jeffrey Scott Finney v. United States |
Ninth Circuit |
2018-09-07 |
Denied |
Response WaivedIFP |
28-usc-2255 acca acca-sentencing armed-career-criminal-act criminal-history criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel johnson-decision johnson-v-united-states post-conviction-relief sentencing violent-felony |
Whether the District Court erred in denying Jeffrey Finney's post-Johason motion for relief pursuant to 28 U.S.C. § 2255 |
| 18-5916 |
Juan Flores v. United States |
Eighth Circuit |
2018-09-07 |
Denied |
Response WaivedIFP |
admissibility casual-conversation co-conspirator co-conspirator-statement co-conspirator-statements conspiracy conspiracy-evidence criminal-procedure evidence evidentiary-standard federal-rule-of-evidence federal-rules-of-evidence furtherance-of-conspiracy hearsay-exception |
Whether the District Court and Eighth Circuit Court of Appeals erred in ruling that a statement made during a casual conversation between co-conspirat… |
| 18-5917 |
John Doe v. United States |
Third Circuit |
2018-09-07 |
Denied |
Response WaivedIFP |
appellate-review connected-conduct criminal-procedure federal-offense nexus obstruction obstructive-act reckless-endangerment relevant-conduct sentencing-guidelines |
Whether the Court of Appeals erred by affirming the judgment of the District Court, which incorrectly applied the Sentencing Guidelines |
| 18-5918 |
Jose Guerrero Lozano, Jr. v. Florida |
Florida |
2018-09-07 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights criminal-procedure delay due-process florida-court ineffective-assistance ineffective-assistance-of-counsel legal-delay prejudice speedy-trial |
Whether the State of Florida Court or the Petitioner is more to blame for the delay. Whether, in due course, and petitioner asserted a claim of ineffe… |
| 18-298 |
Michael Vernon Beaty, Jr. v. South Carolina |
South Carolina |
2018-09-07 |
Denied |
Response Waived |
chapman-standard chapman-v-california constitutional-error criminal-procedure due-process due-process,criminal-procedure,constitutional-law, due-process,criminal-procedure,harmless-error,chap harmless-error judicial-review right-to-respond standard-of-review supreme-court-standard |
Does the South Carolina Supreme Court's standard for determining harmless constitutional error depart from this Court's mandates in Chapman v. Califor… |
| 18-5889 |
James Ronald Welch, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-09-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeals appellate-procedure appellate-review civil-procedure civil-rights court-procedure criminal-procedure due-process habeas-corpus judicial-discretion judicial-review legal-review standing |
Whether the U.S. Circuit Court Judge Kevin C. Newson erred in denying Appellant's appeal |
| 18-5904 |
Donavan Cross v. United States |
Eighth Circuit |
2018-09-06 |
Denied |
Response WaivedIFP |
confrontation-clause constructive-delivery constructive-possession controlled-substance-offense controlled-substances criminal-law criminal-procedure drug-delivery due-process intent sentencing sentencing-guidelines testimonial-evidence |
Whether a statute that criminalizes a constructive delivery of drugs without bona fide intent to transfer possession is a felony 'controlled substance… |
| 18-5905 |
Cortez Moore v. Illinois |
Illinois |
2018-09-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial judicial-bias officer-testimony opening-argument prosecutorial-misconduct sixth-amendment testifying-officers witness-credibility |
Whether the State of Illinois deprived Cortez Moore of a fair trial where during opening argument it repeatedly characterized the testifying officers … |
| 18-5885 |
Kenneth Kennedy Shannon v. United States |
Fourth Circuit |
2018-09-05 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure drug-trafficking due-process evidence heroin-quantity motion-for-acquittal motion-for-new-trial motion-to-suppress search-and-seizure sentencing sufficiency-of-evidence title-iii-wiretap verdict-acquittal |
Did the trial court err in denying the Petitioner's Motion for Verdict of Acquittal and for New Trial, because the evidence taken in the light most fa… |
| 18-5896 |
Beverly Allen Baker v. United States |
Fourth Circuit |
2018-09-05 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-procedure civil-rights confrontation-clause conspiracy criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel multiple-conspiracies sentencing sentencing-guidelines sixth-amendment |
Whether the government committed a Kotteakos violation by using evidence of multiple conspiracies to support an indictment for a single conspiracy |
| 18-5899 |
Rashod Lewis v. United States |
Second Circuit |
2018-09-05 |
Denied |
Response WaivedIFP |
circuit-split civil-rights criminal-procedure due-process fifth-amendment probation self-incrimination |
Whether a probationer can be ordered to truthfully answer questions posed by his probation officer without a caveat that he still has the right to inv… |
| 18-5900 |
Juan Carlos Martinez-Barrientos v. United States |
Fifth Circuit |
2018-09-05 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres apprendi constitutional-law criminal-law criminal-procedure due-process precedent-review sentencing sentencing-enhancement sixth-amendment statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 18-288 |
Philip A. Mearing v. United States |
Fourth Circuit |
2018-09-05 |
Denied |
Amici (3) |
appellate-review appellate-waiver criminal-appeal criminal-defendant-waiver criminal-procedure due-process plea-agreement plea-bargaining restitution restitution-order sentencing sentencing-procedure statutory-interpretation |
Whether a criminal defendant's waiver of the right to appeal his 'sentence' covers an order of restitution |
| 18-269 |
Alan Mapuatuli, et al. v. Matthew G. Whitaker, Acting Attorney General |
Ninth Circuit |
2018-09-04 |
Denied |
|
attorney-client-privilege attorney-work-product civil-rights confidential-communication confidentiality criminal-procedure due-process federal-inmates prison-litigation-reform-act prosecutorial-misconduct sixth-amendment work-product-doctrine |
Sixth Amendment right to counsel violated by interception of prison emails with counsel |
| 18-270 |
Damian Phillips v. United States |
Fourth Circuit |
2018-09-04 |
Denied |
Response Waived |
article-iii article-iii-standing civil-forfeiture civil-procedure due-process evidence lujan-test procedural-standing standing summary-judgment third-party-evidence |
Whether a claimant in a civil forfeiture proceeding has established sufficient Article III standing to withstand summary judgment and proceed to trial |
| 18-5857 |
Jeffrey Latimore v. Julie L. Jones, Secretary, Florida Department of Corrections |
Florida |
2018-09-04 |
Denied |
Response WaivedIFP |
competency competency-hearing constitutional-rights criminal-procedure due-process habeas-corpus mental-competency plea-agreement plea-bargaining right-to-counsel state-attorney-office state-court state-courts trial-court |
WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY DENYING PETITIONER LATIMORE A COMPETENCY HEARING BEFORE A PLEA AGREEMENT |
| 18-5864 |
Benjamin Patrick Lee v. Suzanne M. Peery, Warden |
Ninth Circuit |
2018-09-04 |
Denied |
IFP |
civil-rights criminal-procedure double-jeopardy due-process equal-protection free-exercise habeas-corpus right-to-counsel state-laws |
Whether the California state court system completely violates the due process and equal protection clauses of the U.S. Constitution and the rights of … |
| 18-5865 |
Gary L. Pennington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Pennsylvania |
2018-09-04 |
Denied |
Response WaivedIFP |
capital-offense constitutional-rights criminal-procedure due-process first-degree-murder fourteenth-amendment state-law substantive-due-process |
Whether petitioner's conviction of first degree murder violated the constitutionally protected state-created liberty interest guaranteed under the Fou… |
| 18-5867 |
Harvey Preston v. Willie Smith, Warden |
Sixth Circuit |
2018-09-04 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-error criminal-procedure federal-review gateway gateway-claim habeas habeas-corpus mcquiggin-v-perkins perkins-v-mcquiggins standard-of-review |
Whether the Petitioner has presented a credible claim of actual innocence to warrant reversal of the offenses of carjacking, home-invasion-first-degre… |
| 18-5872 |
Miguel Medina-Reyes v. United States |
Fifth Circuit |
2018-09-04 |
Denied |
Response WaivedIFP |
3553(a) drug-trafficking federal-criminal-justice-system pre-sentence-report sentencing 3553(a) 3553(a)-factors 3553a-factors abuse-of-discretion amendment-782 criminal-procedure drug-amount drug-quantity-attribution drug-trafficking-conspiracy due-process pre-sentence-report sentencing sentencing-discretion threshold |
Whether Petitioner's due process rights were violated |
| 18-5875 |
John Vivo, III v. Connecticut |
Connecticut |
2018-09-04 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-provisions court-review criminal-procedure due-process judicial-discretion jurisdiction legal-procedure plain-error plain-error-doctrine state-court-review statement-of-the-case statutory-exception statutory-interpretation |
Whether the state court of last resort erred by declining to review the petitioner's request for review under the plain-error doctrine and the applica… |
| 18-5849 |
Jose Soza v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-08-31 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment state-postconviction |
Whether state trial counsel rendered constitutionally ineffective assistance of counsel |
| 18-5854 |
Joe Leonard Lambright v. Arizona |
Arizona |
2018-08-31 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process incarceration-credit life-sentence parole sentencing statutory-interpretation |
When a defendant's death sentence is vacated and a life sentence with the possibility of parole after 25 years imposed in its place, is the Due Proces… |
| 18-5747 |
Javier Amador-Flores v. United States |
Tenth Circuit |
2018-08-31 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence evidence-law expert-testimony federal-rules-of-evidence law-enforcement lay-opinion lay-opinion-testimony lay-testimony specialized-knowledge witness-testimony |
When a law-enforcement agent expressly compares the events in a case to what is typical in other cases he has investigated, is his opinion based on 's… |
| 18-5837 |
David Lee Roberts v. Alabama |
Alabama |
2018-08-30 |
Denied |
IFP |
capital-sentencing criminal-procedure death-penalty federal-law hurst-v-florida judicial-findings jury-sentencing jury-verdict retroactivity ring-v-arizona |
Did Hurst invalidate Alabama's capital sentencing scheme? |
| 18-5846 |
Dustin Xavier Wilkins, aka Dxavier Wilkins, aka Xavier Wilkins, aka Chosen Wilkins v. United States |
District of Columbia |
2018-08-30 |
Denied |
Response WaivedIFP |
6th-amendment appeal court-appointed-counsel criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sentencing sentencing-hearing |
Whether the petitioner should be allowed to withdraw his guilty plea based on ineffective assistance of counsel |
| 18-5847 |
Jaime Shakur Garcia v. United States |
Fifth Circuit |
2018-08-30 |
Denied |
Response WaivedIFP |
certiorari-petition chavez-meza circuit-split criminal-procedure en-banc en-banc-review plain-error reasonableness remand sentencing sentencing-reasonableness |
Should this Court hold this Petition until the court below renders its forthcoming en banc decision in United States v. Reyes-Contreras? |
| 18-5806 |
Edwin David Corbett v. Washington |
Washington |
2018-08-29 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus insufficient-evidence jackson-v-virginia post-conviction-relief statute-of-limitations sufficiency-of-evidence time-limitation |
Whether the one-year limitations period under Washington's Revised Code §10.73.100(4) bars a petitioner from relitigating a sufficiency of evidence cl… |
| 18-5808 |
Rafael Angel Rondon v. United States |
Eleventh Circuit |
2018-08-29 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-924c 6th-amendment constitutional-law crimes-of-violence criminal-procedure due-process federal-law jury-instructions residual-clause sentencing sixth-amendment statutory-interpretation supreme-court-precedent violent-crime |
Whether the Eleventh Circuit's 18 U.S.C. § 924(c) pattern jury instruction violates the Sixth Amendment |
| 18-5810 |
Laureano Chirino Rivera v. United States |
Eleventh Circuit |
2018-08-29 |
Denied |
Response WaivedRelisted (2)IFP |
appeal civil-rights constitutional-rights criminal-procedure due-process evidence government-error government-misconduct judicial-error sentencing sentencing-enhancement standing |
Violation of all constitutional rights, illegal sentence and detention |
| 18-5811 |
Eusebio Escobar De Jesus v. United States |
First Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
appeals appeals-court criminal-procedure district-court due-process gall-v-united-states guideline-range guidelines molina-martinez-v-united-states offense-level procedural-error rosales-mireles-v-united-states sentencing sentencing-guidelines |
Whether the Appeals Court erroneously concluded Petitioner failed to state a claim, reasoning for want of a substantial question |
| 18-5812 |
In Re Richard DeCaro |
|
2018-08-29 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-interpretation constitutional-law criminal-law criminal-procedure doctrinal-underpinnings double-jeopardy due-process gamble-v-united-states innocence original-meaning re-adjudication separate-sovereigns separate-sovereigns-exception |
Whether the Court should overrule the 'separate sovereigns' exception to the Double Jeopardy Clause |
| 18-5815 |
Jose Francisco Puentes v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2018-08-29 |
Denied |
IFP |
14th-amendment 6th-amendment arizona-statute civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel standing |
Does the Arizona statute 13-1410 violate the petitioner's 14th Amendment rights? |
| 18-5821 |
Thomas Lee Farmer v. United States |
Eighth Circuit |
2018-08-29 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
2255-relief collateral-review concurrent-sentence-doctrine constitutional-law criminal-procedure due-process habeas-corpus johnson-v-united-states multiple-sentences retroactive-constitutional-rule retroactive-review retroactivity section-2255 sentencing sentencing-law |
Whether the concurrent sentence doctrine should be applied to deny § 2255 relief |
| 18-5822 |
Charles O. Keene v. Illinois |
Illinois |
2018-08-29 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure dna-exonerations due-process eyewitness-identification judicial-integrity scientific-evidence scientific-research state-court-rulings state-court-split |
Whether the Biggers test for determining the reliability of eyewitness identification evidence remains valid in light of scientific research demonstra… |
| 18-5823 |
Alonzo D. Marshall v. United States |
District of Columbia |
2018-08-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process evidentiary-hearing innocence innocence-claim post-conviction-relief section-23-110 trial-court-discretion witness-credibility |
Whether the court of appeals erred in affirming the trial court's decision to deny the defendant's Section 23-110 motion following an evidentiary hear… |
| 18-5824 |
James Eugene Larive, Jr. v. United States |
Eighth Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
criminal-procedure discovery due-process entrapment evidence fair-trial fourth-amendment parallel-construction search-and-seizure traffic-stop |
Whether the government's use of 'parallel construction' to conceal the true source of evidence violates the defendant's right to a fair trial |
| 18-5826 |
John C. Carter v. Antoine Caldwell, Warden |
Eleventh Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
appeal appellate-procedure civil-rights constructive-denial-of-counsel criminal-appeal criminal-procedure critical-stage-of-appeal due-process equal-protection habeas-corpus ineffective-assistance-of-counsel right-to-counsel state-criminal-trial-court state-law-limitations |
Whether the right to have assistance of counsel extends to the appeal stage of the trial proceedings, where the petitioner was allegedly denied such a… |
| 18-5828 |
Adolfo Lopez-Garcia v. United States |
Seventh Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3582c-motion amendment-782 criminal-procedure criminal-sentencing district-court procedural-reasonableness sentence-reduction sentencing-discretion sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error substantive-reasonableness sufficient-but-not-greater-than-necessary |
Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w… |
| 18-5831 |
Willie Riley Curry v. United States |
Sixth Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
4th-amendment 6th-circuit age-of-victim byrd-v-united-states carpenter-v-united-states criminal-procedure due-process fourth-amendment gvr plain-error scienter search-and-seizure sixth-circuit-review statutory-interpretation |
Does Carpenter and Byrd require a GVR in this case? |
| 18-5770 |
John Denton Rouse, Jr. v. United States |
Eleventh Circuit |
2018-08-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
but no text of a SCOTUS petition was provided in I cannot generate a question presented or identif please include the full text of the petition. chapman-v-united-states criminal-procedure drug-quantity due-process mandatory-minimum market-oriented-approach sentencing statutory-interpretation |
Whether the government may commingle substances that pose an identifiable danger of misidentification to produce an aggregate mixture or substance con… |
| 18-5771 |
Jim Walter Qualls, Jr. v. United States |
Tenth Circuit |
2018-08-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure federal-courts felony-case guilty-plea judicial-authority jurisdiction magistrate-judge magistrate-judges plea-bargaining statutory-interpretation |
Whether a United States Magistrate Judge has statutory authority to accept a guilty plea in a felony case and adjudge a defendant guilty |
| 18-5783 |
Robert A. Cotton v. County of San Bernardino, California, et al. |
Ninth Circuit |
2018-08-28 |
Denied |
IFP |
brady-evidence brady-v-maryland brady-violation civil-rights criminal-procedure due-process issue-preclusion judicial-immunity jury-trial manuel-v-city-of-joliet ninth-circuit preliminary-hearing qualified-immunity self-defense |
Was the Ninth Circuit's affirmance of the dismissal based on issue preclusion in violation of Manuel v. City of Joliet? |
| 18-5789 |
John Thompson v. United States |
Second Circuit |
2018-08-28 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability criminal-procedure district-court due-process habeas-corpus jurists-of-reason motion-for-appeal procedural-default procedural-ruling second-circuit standard-of-review standing |
Whether the United States Court of Appeals for the Second Circuit erred in denying Thompson's Motion for Certificate of Appealability |
| 18-5797 |
Carlos Gutierrez-Torres v. United States |
Ninth Circuit |
2018-08-28 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review circuit-split criminal-procedure judicial-discretion plain-error preservation-of-error sentencing sentencing-review |
Whether a defendant must re-object to the district court's explanation of its sentencing rationale to preserve the arguments for appeal |
| 18-5804 |
Abdoulaye Diallo v. United States |
Third Circuit |
2018-08-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fraud indictment-delay insufficient-evidence loss-calculation motion-for-acquittal prosecutorial-misconduct reasonable-doubt sentencing snap-fraud statutory-interpretation sufficiency-of-evidence |
Whether the District Court failed to grant Petitioner's motion for acquittal due to insufficient evidence of knowledge of fraudulent SNAP transactions |
| 18-250 |
Tu Ying Chen v. Suffolk County Community College, et al. |
Second Circuit |
2018-08-28 |
Denied |
Response Waived |
civil-procedure civil-rights court-judgment defendant-actions due-process evidence false-evidence judicial-procedure legal-review legal-standards misconduct plaintiff-claims standing wrongful-probation wrongful-termination |
Was there misconduct by and false evidence submitted by the Defendants? |
| 18-255 |
George Briscoe v. Texas |
Texas |
2018-08-28 |
Denied |
|
criminal-procedure defendant-rights due-process fair-trial indictment indictment-amendment indictment-modification jury-selection prosecutorial-discretion statutory-interpretation texas-criminal-procedure vagueness |
Can a defendant receive a fair trial when the plain language of a statute is ignored to allow the government to change the indictment after a jury has… |
| 18-5748 |
Rory Allen Meeks v. United States |
Eighth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
alleyne-v-united-states appellate-review constructive-amendment criminal-procedure drug-offense drug-offenses jury-instructions mccoy-v-louisiana mens-rea sentencing sixth-amendment |
Whether reasonable jurists might debate the application of Alleyne and Apprendi to mens rea and constructive amendment |
| 18-5767 |
Fox Joseph Salerno v. Jo Lynn Gentry, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2018-08-27 |
Denied |
IFP |
bill-of-attainder constitutional-law criminal-procedure due-process ex-post-facto ineffective-assistance-of-counsel plea-bargaining retroactive-application retroactivity |
Did the State Trial Court err by unconstitutionally using Federal case laws of Missouri v. Frye/Lafler v. Cooper and applying it retroactively thus vi… |
| 18-5776 |
Carlos Placeres-Cruz v. United States |
Ninth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
breach-of-contract circuit-split criminal-procedure duty-of-candor judicial-interpretation plea-agreement prosecutor-misconduct prosecutorial-discretion sentencing-recommendation |
Where some courts hold that a prosecutor commits an implicit breach of a plea agreement by proffering statements undermining the agreed, sentencing re… |
| 18-5778 |
Jon Duke DePriest v. Pam Bondi, Attorney General of Florida, et al. |
Eleventh Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
confrontation-clause crawford-v-washington criminal-procedure due-process habeas-corpus hearsay sixth-amendment testimonial-hearsay |
Whether petitioner's Sixth Amendment right to confront witnesses against him were violated |
| 18-5779 |
Ray Cobia v. Ohio, et al. |
Sixth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
2004-conviction 2012-conviction civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct sentencing |
Whether the petitioner was afforded due process in the 2004 conviction and 2012 conviction, and why the conduct was prosecuted so harshly |
| 18-5750 |
Santos Cuevas v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Oregon |
2018-08-24 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection ex-post-facto free-speech sex-offender-registration standing |
Whether the United States Constitution's Ex Post Facto Clause prohibits a state from convicting a defendant for a statutory sexual offense based on pa… |
| 18-5751 |
William Burke v. Georgia |
Georgia |
2018-08-24 |
Denied |
Response WaivedIFP |
adversarial-process constitutional-fairness criminal-procedure double-jeopardy due-process evidence evidence-review fair-trial judicial-review jury-instructions post-conviction-review prosecutorial-discretion prosecutorial-misconduct trial-strategy |
At what point does it become fundamentally unfair to 'adjust the charges to the evidence'? |
| 18-5754 |
Ivan Rodrigo Campillo Restrepo v. United States |
Eleventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
circuit-precedent criminal-procedure criminal-sentencing habeas-corpus jurisdiction mandate-recall penal-term retroactivity sentencing statutory-maximum supreme-court-ruling writ-of-certiorari |
whether-recall-of-mandate-should-issue |
| 18-5756 |
Shondolyn Rochelle Blevins v. United States |
Fifth Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-instructions |
Did the District Court abuse its discretion when it denied the Petitioner's 28 U.S.C. 2255 motion without an evidentiary hearing? |
| 18-5757 |
Michael L. Berry v. Walter Nicholson, Warden |
Seventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
appeals civil-rights criminal-procedure due-process evidence habeas-corpus jury-instructions sentencing standing |
Whether the petitioner's federal constitutional claims were properly presented and preserved for review by the lower courts |
| 18-240 |
Kirk Tang Yuk v. United States |
Second Circuit |
2018-08-24 |
Denied |
Response Waived |
co-conspirator-testimony criminal-procedure criminal-venue due-process government-overreach jurisdiction prosecutorial-discretion prosecutorial-misconduct sixth-amendment telephone-call-evidence venue venue-manipulation witness-location |
Whether a prosecutor can manufacture venue in a particular district solely by bringing a cooperating witness to a favored district and having the witn… |
| 18-5734 |
Robert Dennis Martin v. Oklahoma |
Oklahoma |
2018-08-24 |
Denied |
IFP |
4th-amendment civil-rights constitutional-waiver criminal-procedure due-process due-process,criminal-procedure,4th-amendment,stand fourth-amendment jury-verdict police-stop reasonable-doubt standing |
Can Oklahoma adopt a rule of law regarding the waiver of a fundamental constitutional right that does not meet the minimum criteria for such waivers s… |
| 18-5736 |
Joshua Moses v. United States |
Third Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel multiplicitous-indictment prosecutorial-misconduct sixth-amendment trial-counsel |
Whether the Prosecutor's conduct in charging petitioner with a multiplicitous indictment to gain a tactical advantage so infected the trial with unfai… |
| 18-5739 |
Terril Kinchen v. United States |
Eleventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
bank-fraud civil-procedure constitutional-law criminal-law criminal-procedure due-process habeas-corpus ineffective-assistance sentencing standing statutory-interpretation supreme-court supreme-court-precedent |
Whether the federal bank fraud statute plainly covered the defendant's conduct |
| 18-5745 |
Miguel Anthony Molina v. United States |
Eleventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
841(a)(1) 922(g)(1) 924(e) criminal-procedure due-process ineffective-assistance jury-trial sentencing-enhancement sixth-amendment |
Did the judge violate the defendant's Sixth Amendment right to a jury trial? |
| 18-5676 |
Ernest Morris v. Pennsylvania |
Third Circuit |
2018-08-23 |
Denied |
IFP |
cell-phone-records cell-phone-tower-records constitutional-rights criminal-procedure double-jeopardy duress-defense fair-trial ineffective-assistance ineffective-assistance-of-counsel standing suppression trial-counsel unqualified-counsel |
Did counsel provide ineffective assistance of counsel? |
| 18-5686 |
Dwight Mundle v. United States |
Second Circuit |
2018-08-23 |
Denied |
Response WaivedIFP |
18-usc-875-c awareness-of-threat criminal-intent criminal-law due-process evidence evidence-sufficiency intent jury prejudicial-effect prior-conduct statutory-interpretation threatening-communication uncharged-conduct witness-testimony |
Was there enough or even any evidence to prove the conviction of transmitting a threatening communication, in violation of 18 U.S.C. § 875 (c) |
| 18-5705 |
George Easterly v. Florida |
Florida |
2018-08-23 |
Denied |
Response WaivedIFP |
criminal-procedure exculpatory-evidence impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining plea-voluntariness postconviction-relief probable-cause probable-cause-affidavit search-and-seizure search-warrant voluntariness-of-plea |
Whether the Florida Court of Appeals unreasonably applied this Court's precedent |
| 18-5714 |
Jose A. Rivera-Quinones v. Pennsylvania |
Third Circuit |
2018-08-23 |
Denied |
IFP |
abuse-of-process confrontation-clause constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process fourteenth-amendment prejudicial-evidence sentencing sixth-amendment subject-matter-jurisdiction |
Whether a trial court can possess subject matter jurisdiction on a criminal offense not charged within the indictment/criminal information |
| 18-5715 |
Thomas A. Sweeney v. United States |
Sixth Circuit |
2018-08-23 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment griffin-v-wisconsin law-enforcement parole parole-search-and-seizure privacy-rights probation probation-supervision samson-v-california search-and-seizure stalking-horse |
Did this Court's decision in Samson v. California overturn the 'stalking horse' doctrine? |
| 18-5717 |
Anousone Savanh v. United States |
Ninth Circuit |
2018-08-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defense-expert due-process expert-testimony federal-rules-of-evidence ninth-circuit-review right-to-present-defense |
May a court exclude a defense expert in a criminal case for failing to possess qualifications that Federal Rule of Evidence 702 does not require, the … |
| 18-5718 |
James Willis Campbell, Sr. v. Virginia |
Virginia |
2018-08-23 |
Denied |
Relisted (2)IFP |
4th-amendment appellate-procedure appellate-review civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction probable-cause search-and-seizure search-warrant standard-of-review |
Did the Supreme Court of Virginia err in reversing the Court of Appeals of Virginia's ruling and affirming the judgment of the trial court? |
| 18-5719 |
Alan Bartlett v. Susanna C. Pineda, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2018-08-23 |
Denied |
Relisted (2)IFP |
6th-amendment arizona-constitution arizona-criminal-procedure civil-rights criminal-procedure due-process interstate-agreement-on-detainers mandamus speedy-trial standing |
Whether Respondent Judge denied Petitioner Bartlett's Motion to Dismiss the lack of speedy trial in violation of the 6th Amendment to the United State… |
| 18-5720 |
Alan Bartlett v. Susanna C. Pineda, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2018-08-23 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment appeal civil-rights criminal-procedure double-jeopardy due-process fifth-amendment |
Whether Respondent Judge Susanne C. Pineda abused discretion in denying Petitioner Bartlett's motion to dismiss for double jeopardy, in violation of h… |
| 18-5726 |
Ruben Cazares v. Texas |
Texas |
2018-08-23 |
Denied |
IFP |
accomplice-statements bruton-error bruton-evidence bruton-v-united-states confrontation-clause crawford crawford-v-washington criminal-procedure evidence-admissibility harmless-error prejudice prejudicial-evidence separate-trials special-prejudice trial-procedure |
Whether lower courts correctly evaluate the harmfulness of Bruton error without accounting for the devastating 'special prejudice' to the accused that… |
| 18-5728 |
Wesley Brian Earnest v. Keith W. Davis, Warden, et al. |
Virginia |
2018-08-23 |
Denied |
Response WaivedIFP |
14th-amendment 1st-amendment civil-procedure due-process equal-protection standing civil-rights criminal-procedure due-process habeas-corpus prisoner-rights standing |
Whether the Virginia Supreme Court erred in denying the petitioner's appeal for a writ of habeas corpus |
| 18-5731 |
Heather Jo Cox v. United States |
Sixth Circuit |
2018-08-23 |
Denied |
Response WaivedIFP |
civil-rights constitutional-review criminal-justice-reform-act criminal-procedure due-process equitable-tolling johnson-ruling johnson-v-united-states second-successive-filing successive-filing successive-petitions vagueness vagueness-doctrine vagueness-standard |
Did the lower court err in denying relief where this court has recognized robbery/burglary as vague under Johnson? |
| 18-5735 |
Harry Lonzo-Bolton Ervin v. Michigan |
Michigan |
2018-08-23 |
Denied |
IFP |
apprendi-alleyne-rule apprendi-v-new-jersey constitutional-rule criminal-procedure criminal-sentencing habeas-corpus montgomery-v-louisiana retroactivity sentencing sentencing-range sixth-amendment teague-v-lane |
Whether the Apprendi-Alleyne rule should be applied retroactively |
| 18-237 |
Gary Thomas and Felix Parrilla v. United States |
Second Circuit |
2018-08-23 |
Denied |
Response Waived |
6th-amendment civil-procedure conspiracy-venue constitutional constitutional-venue cooperating-witness criminal-procedure due-process federal-rules-of-criminal-procedure government-witness manufactured-venue prosecutorial-discretion sixth-amendment venue venue-determination venue-manipulation venue-provisions witness-cooperation |
Whether it is permissible under the venue provisions of the U.S. Constitution Article III, § 2, cl. 3; the Sixth Amendment; and Federal Rules of Crimi… |
| 18-238 |
South Carolina v. Lamont Antonio Samuel |
South Carolina |
2018-08-23 |
Denied |
|
court-of-appeals criminal-procedure defendant-rights due-process ethics faretta-v-california judicial-conduct judicial-discretion judicial-integrity self-representation sixth-amendment unethical-conduct |
Did the South Carolina Supreme Court err when it held — in conflict with many federal courts of appeals — that a trial court may not deny a criminal d… |
| 18-227 |
Justin Michael Wolfe v. Virginia |
Virginia |
2018-08-22 |
GVR |
Response RequestedResponse WaivedRelisted (2) |
appeal appellate-review class-precedent class-v-united-states constitutional-authority constitutional-law criminal-procedure criminal-procedure-plea-bargaining double-jeopardy due-process guilty-plea plea-bargaining state-court state-court-appeals vindictive-prosecution |
Whether a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute based on a claim of vi… |
| 18-5675 |
David Pate v. United States |
Fourth Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review constitutional-law criminal-procedure due-process government-overreach plea-bargaining right-to-appeal |
Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement? |
| 18-5691 |
Darryl Jerome Baker v. R. C. Cheatham, Warden |
Eleventh Circuit |
2018-08-22 |
Denied |
IFP |
2241-habeas 2241-motion 2255-motion 5th-amendment constitutional-rights criminal-procedure due-process fifth-amendment savings-clause state-priors title-28 unconstitutional-enhancement |
Whether the Petitioner's Fifth Amendment Rights are violated |
| 18-5693 |
Arlow Antone Kay v. United States |
Ninth Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
making robust appellate review unnecessary appellate-review constitutional-interpretation criminal-procedure criminal-sentencing district-court district-court-discretion sentencing sentencing-guidelines united-states-v-booker |
Have the departure provisions of the United States Sentencing Guidelines been rendered 'obsolete' and 'superfluous' by this Court's opinion in United … |
| 18-5697 |
James R. Reece v. L. Ray Whitley, et al. |
Sixth Circuit |
2018-08-22 |
Denied |
IFP |
criminal-procedure criminal-proceedings critical-stage indigent-prisoner new-trial post-trial pre-appeal right-to-counsel sixth-amendment subject-matter-jurisdiction |
Whether a post-trial pre-appeal motion for new trial is a critical stage of state criminal proceedings protected by right-to-counsel |
| 18-5700 |
Jerry Docaj v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2018-08-22 |
Denied |
IFP |
criminal-law criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance jury-instructions manslaughter miranda-rights passion-provocation sixth-amendment |
Whether the jury instruction on passion/provocation manslaughter misstated the law |
| 18-5701 |
Stephen Aguiar v. United States |
Second Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
appeal coram-nobis criminal-conviction criminal-procedure due-process federal-court federal-courts fifth-amendment habeas-corpus second-circuit-dismissal sentence sentencing-appeal writ-of-error-coram-nobis |
Did the Second Circuit err by dismissing petitioner's appeal? |
| 18-5712 |
Jerome A. Christmon v. B&B Airparts, Inc. |
Tenth Circuit |
2018-08-22 |
Denied |
IFP |
7th-amendment civil-procedure constitutional-rights due-process errata-sheets evidence jury-trial procedural-error summary-judgement summary-judgment uncertified-deposition |
whether-summary-judgement-based-on-uncertified-deposition-is-admissible |
| 18-5673 |
Eugene Smalls v. United States |
Fourth Circuit |
2018-08-21 |
Denied |
Response WaivedIFP |
career-offender civil-rights criminal-procedure due-process federal-sentencing lochner sentencing sentencing-commission-guidelines sixth-amendment state-federal-relations statutory-interpretation |
Does the 'heightened' Lochner standards of W.G. Abel v. Estelle, AHR, override the state and federal sentencing guidelines of the motion of the judge,… |
| 18-5679 |
William J. O'Brien, III v. United States |
Third Circuit |
2018-08-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process right-to-counsel self-representation sixth-amendment trial-court trial-procedure waiver waiver-of-counsel |
Was William O'Brien, III denied his Sixth Amendment right to counsel? |
| 18-5680 |
Reginald McGee v. United States |
Fifth Circuit |
2018-08-21 |
Denied |
Response WaivedIFP |
aggravated-assault armed-career-criminal armed-career-criminal-act commerce-clause criminal-procedure indictment mandatory-minimum mandatory-minimum-sentence plea-colloquy sentencing-enhancement violent-felony |
Whether the defendant's prior conviction for aggravated assault qualifies as a violent felony under the Armed Career Criminal Act |
| 18-5681 |
Dexter Leemon Johnson v. Oklahoma |
Oklahoma |
2018-08-21 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection judicial-error jury-instructions jury-trial jury-verdict reasonable-doubt sentencing statutory-maximum trial-error |
Whether the petitioner was denied the right to a jury verdict of guilt beyond a reasonable doubt |
| 18-5683 |
In Re Todd Britton-Harr |
|
2018-08-21 |
Denied |
Relisted (2)IFP |
28-usc-2255 criminal-procedure federal-sentencing habeas-corpus judicial-review mortgage-fraud newly-discovered-evidence post-conviction-relief section-2255 successive-motion successive-motions |
Whether the court of appeals improperly denied the Petitioner's application seeking an order authorizing the district court to consider a second or su… |
| 18-221 |
Carl Mouton v. Arkansas |
Arkansas |
2018-08-21 |
Denied |
Response Waived |
compulsory-process confrontation-clause constitutional-right-to-defense criminal-procedure due-process evidence rape-shield rape-shield-law rape-shield-rule right-to-present-defense sexual-conduct-evidence |
Whether application of the Arkansas rape shield rule and statute to prevent Mouton from presenting evidence of a sexual relationship between the accus… |
| 18-217 |
Randall Mathena, Warden v. Lee Boyd Malvo |
Fourth Circuit |
2018-08-20 |
Granted |
Amici (13)Relisted (9) |
collateral-review constitutional-law constitutional-rule criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing montgomery-v-louisiana retroactivity substantive-rule supreme-court-precedent teague-v-lane |
Whether the Fourth Circuit erred in concluding that Montgomery v. Louisiana modified and expanded the rule announced in Miller v. Alabama |
| 18-5640 |
Fredrick A. Laux v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
constitutional-review criminal-appeal criminal-procedure due-process dysfunctional-childhood ineffective-assistance-of-counsel mitigating-evidence sentencing sixth-amendment strickland-standard Strickland-v-Washington |
Did the Indiana Court of Appeals, the United States Southern District Court and Seventh Circuit Court of Appeals unreasonably apply, or reach a decisi… |
| 18-5645 |
Eric E. Johnson v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2018-08-20 |
Dismissed |
IFP |
appeals constitutional-rights criminal-procedure due-process federal-courts habeas-corpus ineffective-assistance-of-counsel |
Whether the U.S. Court of Appeals, 11th Circuit, knowingly denied a petitioner's final appeal of a constitutional right to appeal his capital criminal… |
| 18-5646 |
Syrus Martin v. Georgia |
Georgia |
2018-08-20 |
Denied |
Response WaivedIFP |
child-hearsay child-testimony cross-examination evidence evidence-admissibility evidence-law hearsay hearsay-evidence hearsay-exceptions prior-statements statutory-interpretation testifying-witness witness-statements |
Whether Georgia's child hearsay statutes or O.C.G.A. § 24-8-801 (d) (1) (A) control the permissible use of the prior statements of a testifying child |
| 18-5647 |
Jeremy R. Mares v. Illinois |
Illinois |
2018-08-20 |
Denied |
Response WaivedIFP |
appeal appellate-review constitutional-representation conviction criminal-procedure direct-appeal due-process felony-conviction ineffective-assistance ineffective-assistance-of-counsel property-recovery right-to-counsel sentence summary-motion |
Whether counsel appointed in a direct appeal from a felony conviction provides constitutionally sufficient representation where he files an unopposed … |
| 18-5649 |
Charles Richardson v. Jason Kent, Warden |
Fifth Circuit |
2018-08-20 |
Denied |
IFP |
criminal-appeal criminal-procedure due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel jury-selection prosecutorial-misconduct recusal trial-counsel venue |
Whether the prosecutor's improper arguments resulted in an unfair trial and a guilty verdict of murder instead of a lesser charge thereto? |
| 18-5650 |
Carl Javon Ross v. Maryland |
Maryland |
2018-08-20 |
Denied |
IFP |
appeals civil-rights conviction-reversal criminal-procedure dna-evidence due-process innocence standing |
Whether the evidence was sufficient to sustain the petitioner's convictions |
| 18-5651 |
Samuel W. Swoopes v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
appeal constitutional-law criminal-procedure defendant defendant-exclusion due-process ex-parte jury jury-question mid-deliberation sixth-amendment |
Does it violate Due Process and the Sixth Amendment to exclude a defendant from the court's consideration and answering of a jury question? |
| 18-5657 |
Terence Passmore v. Dan O'Fallon, et al. |
Ninth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment sixth-amendment-right-to-fair-trial |
Whether the presence of a juror who has expressed a belief that the petitioner is guilty rendered his trial unfair and in violation of the Sixth Amend… |
| 18-5658 |
Tracey L. Brown v. United States |
Ninth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
career-offender commerce commerce-clause-jurisdiction,interstate-commerce,d criminal-procedure Did the Ninth Circuit err by finding that the pret Did the Ninth Circuit err when it sentenced Mr. Br due-process due-process,pretrial-identification,suggestive-ide predicate-crime sentencing sentencing,career-offender,predicate-offense,viole |
Did the Ninth Circuit err by finding sufficient evidence for interstate commerce when the underlying acts did not have a de minimus effect? |
| 18-5660 |
Todd Jesse Garton v. California |
California |
2018-08-20 |
Denied |
IFP |
5th-amendment civil-rights constitutional-rights criminal-procedure criminal-trial defendant-attire due-process guilt-determination meaningful-defense penalty-phase presumption-of-innocence right-to-fair-trial right-to-present-defense right-to-reliable-verdict right-to-wear-civilian-attire |
Whether refusing to permit an in-custody defendant charged with murdering his wife and unborn child to wear his wedding ring during trial violates his… |
| 18-5662 |
Myrna Diaz v. New Jersey |
New Jersey |
2018-08-20 |
Denied |
IFP |
constitutional-rights counsel-misconduct criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sentencing sixth-amendment unauthorized-practice-of-law |
Did the staff of the 'Project Freedom Fund' who provided faulty legal advice to petitioner, and thus induced her to withdraw a guilty plea for which s… |
| 18-5663 |
Curtis Lee Dale v. United States |
Eighth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
alleyne-precedent alleyne-v-united-states criminal-procedure criminal-procedure-sentencing,mandatory-minimum,ju drug-quantity due-process eighth-circuit-error fourth-amendment,search-and-seizure,drug-sniffing- fourth-amendment,search-and-seizure,reasonable-exp jury-findings jury-rejection mandatory-minimum sentencing sentencing-enhancement |
Did the U.S. Court of Appeals For The Eighth Circuit err when it increased the Defendant's mandatory minimum sentence on the basis of a drug quantity … |
| 18-5664 |
Chan Cheeseboro v. Little Richie Bus Service, Inc. |
Second Circuit |
2018-08-20 |
Denied |
Relisted (2)IFP |
accident-report civil-procedure deposition discovery district-court due-process evidence false-testimony judicial-discretion judicial-misconduct legal-standing standing witness witness-testimony |
Why the United States District Court for the Eastern District of New York would allow the law firm of Lewis Bris Bois Bisgaard and Smith LLP. allowed … |
| 18-5665 |
Orestes Cabrera v. United States |
Eleventh Circuit |
2018-08-20 |
Denied |
Response WaivedRelisted (2)IFP |
all-writs-act anti-terrorism-and-effective-death-penalty-act criminal-procedure due-process effective-assistance-counsel effective-assistance-of-counsel immigration-consequences nolle-prosequi padilla-claim padilla-v-kentucky retroactivity |
Whether petitioner's rights under the due process clause and the effective assistance of counsel were violated |
| 18-5667 |
Matthew Desmond Browne v. United States |
Ninth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
anonymous-tip civil-rights criminal-procedure fourth-amendment law-enforcement-procedure location-prediction probable-cause reasonable-suspicion vehicle-identification vehicle-search warrantless-seizure |
Is the Fourth Amendment violated when a warrantless seizure is carried out based on an anonymous tip that correctly identifies a vehicle and a driver'… |
| 18-5669 |
Peter Cruz v. Massachusetts |
Massachusetts |
2018-08-20 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process due-process,fifth-amendment,fourteenth-amendment,s fifth-amendment fourteenth-amendment life-without-parole massachusetts-law sentencing |
Whether the petitioner can be punished with life without parole when not charged, tried, or convicted of first-degree murder |
| 18-5614 |
Alexander Jesus Santiago v. United States |
Fourth Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-admission probable-cause probation prosecutorial-burden resentencing sentencing supervised-release supervised-release-revocation |
Did the district court improperly revoke Mr. Santiago's supervised release and resentence him despite a lack of evidence that he violated supervised r… |
| 18-5618 |
Tae H. Chon v. Barack H. Obama, former President of the United States, et al. |
Tenth Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure fairness integrity judicial-proceedings plain-error preservation-of-error remand substantial-rights tenth-circuit |
Whether a plain error affects the petitioner's substantial rights and implicates the fairness, integrity, or public reputation of judicial proceedings… |
| 18-5629 |
Jermaine Dewitt Chaney v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-17 |
Denied |
IFP |
actual-innocence certificate-of-appealability certificate-of-appealibility civil-procedure criminal-procedure due-process federal-courts federal-district-court fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2254 standard-of-review standards |
Did the Fifth Circuit Court of Appeals err by reaching the merits of the case and denying certificate of appealability? |
| 18-5632 |
Juan L. Leonor v. Scott R. Frakes, Director, Nebraska Department of Correctional Services |
Nebraska |
2018-08-17 |
Denied |
IFP |
collateral-review constitutional-law constitutional-vagueness criminal-law criminal-procedure due-process final-conviction habeas-corpus procedural-rule retroactive-application retroactivity substantive-rule vagueness |
Whether a new substantive rule of constitutional law must be applied retroactively to final cases |
| 18-5639 |
Daniel Castleman, aka Chingachgook v. United States |
Eleventh Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
best-evidence-rule brady-violation confrontation-clause documentary-evidence due-process evidence evidence-certification federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Did the government commit prosecutorial misconduct and was counsel ineffective for failing to object or move to exclude GX-DC-2 |
| 18-5642 |
Miroslav Fejfar v. United States |
Ninth Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
animal-sci-prod-v-hebei-welcome-pharm asylum civil-rights criminal-procedure due-process extradition foreign-criminal-procedure foreign-law immigration statutory-interpretation withholding-of-removal |
Whether due process and the plain meaning of the statute on withholding of removal require that pending asylum issues be heard and resolved before ext… |
| 18-211 |
Steven Morris Hurd v. California |
California |
2018-08-17 |
Denied |
Response Waived |
cell-phone cell-phone-search criminal-procedure digital-data fourth-amendment physical-objects riley-v-california robinson-precedent search-incident-to-arrest supreme-court-precedent united-states-v-robinson warrant-requirement |
Whether the search incident to arrest exception to the Fourth Amendment warrant requirement applied to digital data on a cell phone prior to Riley v. … |
| 18-5603 |
In Re Mark Kilmartin |
|
2018-08-16 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process equal-protection fourteenth-amendment judicial-misconduct jury-trial sentencing structural-error |
Whether a criminal defendant can be convicted and sentenced to life for a separate, new and distinct crime without a jury trial |
| 18-5607 |
Friday Ogunyemi James v. United States |
Third Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness |
Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the evide… |
| 18-5608 |
Andres Mata v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-16 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure due-process federal-appeals federal-appeals-court habeas-corpus judicial-determination procedural-review state-appeals state-court-review |
Whether a federal court of appeals' determination that a habeas petitioner failed to make a substantial showing of the denial of a constitutional righ… |
| 18-5609 |
Michael Alexander LaJeunesse v. Iowa |
Iowa |
2018-08-16 |
Denied |
Response WaivedIFP |
appeals civil-procedure civil-rights criminal-procedure due-process evidence medical-records prosecutorial-misconduct shower-curtain |
Whether the lower court erred in its analysis of the issues raised in the petition for writ of certiorari |
| 18-5615 |
Joel Chavira-Nunez v. United States |
Tenth Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 appellate-review brady-v-maryland brady-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing sentencing-modification tenth-circuit-review |
Whether the District Court erred in ignoring undisputed facts establishing a Brady violation before allowing conflicted defense counsel to withdraw |
| 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 |
Whether the petitioner was denied due process and effective assistance of counsel when the state court refused to hold a competency hearing despite ev… |
| 18-5624 |
Feliciano Villa-Sariana, aka Feliciano Villa v. United States |
Fifth Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey criminal-procedure due-process indictment plea-bargaining prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5625 |
Arrion Lee Crew, Jr. v. W. L. Montgomery, Acting Warden |
Ninth Circuit |
2018-08-16 |
Denied |
IFP |
civil-rights due-process evidence ineffective-assistance-of-counsel jury-instructions lesser-included-offense self-defense voluntary-manslaughter |
Whether the trial court prejudicially erred in failing to instruct on the lesser included offense of voluntary manslaughter |
| 18-5586 |
William Knight v. Florida |
Florida |
2018-08-15 |
Denied |
IFP |
abuse-of-authority appellate-procedure criminal-procedure double-jeopardy due-process habitual-offender illegal-sentence judicial-abuse judicial-authority jurisdiction sentencing sentencing-error sentencing-guidelines statutory-maximum |
Whether trial court abused their authority by allowing the state attorney office to impose a sentence contrary to the requirements of the law on doubl… |
| 18-5592 |
Oscar Madrid v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-08-15 |
Denied |
IFP |
14th-amendment civil-procedure civil-rights conflict-of-interest criminal-procedure due-process exhaustion exhaustion-of-remedies fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress state-court sufficiency-of-evidence |
Whether the court erred in finding claims 1-3 were not exhausted to the state's highest court |
| 18-5599 |
Anson Chi v. United States |
Fifth Circuit |
2018-08-15 |
Denied |
Response WaivedRelisted (2)IFP |
appeals civil-procedure civil-rights criminal-procedure due-process habeas-corpus plea-bargaining pro-se sentencing standing |
Whether the defendant's guilty plea was involuntary due to an unconstitutional no-parole sentence |
| 18-5604 |
Joe Fidel Flores v. W. L. Montgomery, Acting Warden |
Ninth Circuit |
2018-08-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence expert-testimony gang-expert-testimony jackson-standard jackson-v-virginia ninth-circuit ninth-circuit-review reasonable-doubt standard-of-review sufficiency-of-evidence |
Under the standard clearly established by this Court in Jackson v. Virginia, can a rational juror find an essential fact beyond a reasonable doubt bas… |
| 18-5605 |
Robert S. Beyer, II v. United States |
Eighth Circuit |
2018-08-15 |
Denied |
Response WaivedIFP |
admissibility appellate-procedure bad-character-evidence character-evidence criminal-procedure de-novo-review due-process evidence-rules federal-rules-of-evidence presumption-of-admissibility rule-403 rule-404 sentencing-guidelines victim-vulnerability |
Do Fed R. Evid. Rules 403 and 404 create a presumption favoring admissibility of bad character evidence? |
| 18-5606 |
Hagop Demirjian v. United States |
Seventh Circuit |
2018-08-15 |
Denied |
Response WaivedIFP |
18-usc-3582 amendment-782 circuit-split civil-procedure criminal-procedure due-process equal-protection judicial-discretion section-3582 sentence-disparity sentencing sentencing-disparity statutory-interpretation |
Whether there is a statutory preclusion for successive §3582 motions |
| 18-199 |
Ken Liang v. United States |
Ninth Circuit |
2018-08-15 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure doj-investigation due-process government-misconduct jury-trial jury-trial-waiver material-witness obstruction-of-justice prosecutorial-discretion prosecutorial-misconduct reverse-sting |
Whether an individual can be convicted of obstructing justice when the underlying alleged crime being investigated was not a crime, and the DOJ used o… |
| 18-200 |
Michigan v. Charles Damon Jones |
Michigan |
2018-08-15 |
Denied |
Response Waived |
appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency |
Whether the Michigan Court of Appeals erred in granting a new trial based on an inconsistent jury verdict, even though irreconcilable jury verdicts ar… |
| 18-201 |
Parviz Montazer v. Parvin R. Montazer |
California |
2018-08-15 |
Denied |
|
appellate-counsel appellate-procedure civil-procedure conflict-of-interest constitutional-protections criminal-contempt criminal-procedure due-process indigent-defendant indigent-rights ineffective-assistance-of-counsel judicial-bias right-to-counsel sixth-amendment transcript-costs |
Whether an indigent defendant in a criminal contempt proceeding has a right to appointed counsel and a free transcript on appeal |
| 18-202 |
Haynes Timberland, Inc. v. United States |
First Circuit |
2018-08-15 |
Denied |
Response Waived |
appeal-waiver collateral-attack criminal-procedure direct-appeal due-process plea-agreement plea-bargaining pre-sentence-waiver sentencing waiver waiver-of-rights |
Whether a defendant who waives the right to a direct appeal of his conviction and sentence can implicitly waive his right to collaterally attack his c… |
| 18-203 |
Joey Montrell Chandler, aka Joey M. Chandler, aka Joey Chandler v. Mississippi |
Mississippi |
2018-08-15 |
Denied |
Amici (5)Response RequestedResponse WaivedRelisted (2) |
8th-amendment criminal-procedure eighth-amendment incorrigible juvenile-offender juvenile-offenders juvenile-sentencing life-without-parole permanent-incorrigibility rehabilitation sentencing sentencing-discretion state-supreme-courts |
Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentenc… |
| 18-5540 |
Darnell Rush v. Randee Rewerts, Warden |
Sixth Circuit |
2018-08-14 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jury-instructions motion-for-new-trial sufficiency-of-evidence |
Whether the defendant-appellant was entitled to a new trial where the trial court failed to answer the defendant's request, Did the trial court err in… |
| 18-5566 |
David Librace v. Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration |
Eighth Circuit |
2018-08-14 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process evidence residency standing witness-protection |
Whether the lower court erred in excluding evidence that was relevant to the petitioner's case |
| 18-5581 |
George Jenewicz v. New Jersey |
New Jersey |
2018-08-14 |
Denied |
IFP |
14th-amendment 6th-amendment civil-rights compulsory-process confrontation-clause criminal-procedure cross-examination due-process hearsay |
Was the petitioner denied the right of cross-examination and due process under the 6th and 14th amendments? |
| 18-5582 |
Donald Lee Kissner v. Michigan |
Michigan |
2018-08-14 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process habeas-corpus introduction jurisdiction opinions-below standing state-court-review statement-of-the-case statutory-provisions |
Whether the petitioner's due process rights were violated by the state court's failure to provide a reasoned decision on the merits of his claims |
| 18-5587 |
Bobby Joe Rosa v. United States |
Fifth Circuit |
2018-08-14 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 6th-amendment confidential-informant criminal-procedure exclusionary-rule fifth-amendment fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant sixth-amendment |
Whether the Fifth Circuit erred in affirming the denial of the motion to suppress evidence under the good faith exception despite the lack of probable… |
| 18-5532 |
Galindo Jose Ruiz-Hernandez v. United States |
Fifth Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
alien-smuggling bodily-injury causation causation-standard criminal-procedure criminal-sentencing due-process foreseeability immigration mens-rea reasonable-foreseeability sentencing-enhancement sentencing-enhancements sentencing-guidelines standard-of-review |
Whether the Fifth Circuit erred in affirming the application of sentencing enhancements under U.S.S.G. § 2L1.1(b)(6) and § 2L1.1(b)(7) without requiri… |
| 18-5533 |
Brandon Maurice Shannon v. United States |
Fifth Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review certiorari-review criminal-procedure due-process fifth-circuit harmless-error judicial-remand plain-error post-conviction-relief retroactivity rosales-mireles sentencing sentencing-guidelines |
Should this Court grant certiorari, vacate the judgment, and remand in light of Rosales-Mireles v. United States |
| 18-5553 |
Christopher Williams v. Texas |
Texas |
2018-08-13 |
Denied |
Response WaivedIFP |
apprendi apprendi-v-new-jersey capital-murder corpus-delicti criminal-procedure due-process extrajudicial-confession fourteenth-amendment jury-trial sixth-amendment |
Did the trial court's failure to submit any instruction to the jury regarding Texas' corpus delicti rule and the subsequent endorsement of that failur… |
| 18-5556 |
Joseph D. Barnes v. Jeff Landry, Attorney General of Louisiana |
Fifth Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
bad-acts bad-acts-evidence criminal-procedure criminal-procedure-evidence due-process fair-trial ineffective-assistance-of-counsel ineffective-counsel other-crimes-evidence quadruple-offender speedy-trial state-court-discretion statute-of-limitations |
Whether reasonable jurists would have found that the district court denied Mr. Barnes a fair trial when it allowed other crimes evidence and/or bad ac… |
| 18-5557 |
Matthew Joseph Bussing v. Michigan |
Michigan |
2018-08-13 |
Denied |
IFP |
abuse-of-discretion civil-procedure civil-rights due-process evidence expert-testimony expert-witness standard-of-review supreme-court-precedent |
Whether the court abused its discretion in permitting a rebuttal witness who was not an expert in pediatric child abuse to testify outside his compete… |
| 18-5564 |
Travis Colby Curry v. Oregon |
Oregon |
2018-08-13 |
Denied |
Response WaivedIFP |
bad-faith civil-rights criminal-procedure due-process evidence evidence-preservation fourteenth-amendment police-misconduct self-defense surveillance-video |
Whether the police act in bad faith in contravenes of the Due Process Clause of the Fourteenth Amendment if they fail to collect and preserve surveill… |
| 18-5575 |
In Re Allah |
|
2018-08-13 |
Dismissed |
Response WaivedIFP |
case-dismissal civil-procedure civil-rights constitutional-rights court-jurisdiction criminal-procedure due-process federal-rules judicial-misconduct judicial-procedure judicial-review malicious-prosecution mandamus standing |
Whether the petitioner's constitutional rights were violated when the lower courts failed to properly dismiss the malicious prosecution against him, i… |
| 18-5578 |
Antonio U. Akel v. United States |
Eleventh Circuit |
2018-08-13 |
Denied |
Response WaivedRelisted (2)IFP |
appeal appellate-procedure civil-rights constitutional-violation criminal-procedure direct-appeal due-process exceptional-injustice federal-rules-of-appellate-procedure ineffective-assistance judicial-error right-to-counsel sixth-amendment standing supervisory-authority |
Whether the undisputed and clear violation of a defendant's Sixth Amendment right to the assistance of counsel on direct appeal results in an exceptio… |
| 18-5507 |
Mark Schwarzman v. David W. Gray, Warden |
Sixth Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
actual-innocence civil-rights constitutional-claim criminal-procedure critical-physical-evidence due-process genital-herpes habeas-corpus herpes-simplex-virus medical-evidence procedural-bar schlup schlup-standard standing |
Whether the highly infectious, extremely contagious, incurable sexually transmitted disease Herpes Simplex Virus HSV-2 (genital herpes) is sufficient … |
| 18-5539 |
Derek W. Pelto v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
burden-of-proof change-of-law insanity-defense right-to-testify burden-of-proof certificate-of-appealability criminal-procedure ineffective-assistance insanity-defense right-to-counsel right-to-testify sixth-amendment |
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 r… |
| 18-5542 |
Stephen Mayer v. United States |
Eleventh Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure criminal-procedure due-process forfeiture fraud judicial-procedure law-of-the-case prosecutorial-fraud prosecutorial-misconduct remand vacatur |
Whether the finding of fact prior to vacating the forfeiture order becomes 'Law-of-the-Case' upon remand |
| 18-5543 |
In Re Andre David Leffebre |
|
2018-08-10 |
Dismissed |
IFP |
6th-amendment civil-rights criminal-procedure due-process entrapment government-misconduct habeas-corpus ineffective-assistance-of-counsel right-to-counsel |
Should the government's use of a confidential informant to elicit incriminating statements from a defendant violate the defendant's Sixth Amendment ri… |
| 18-5544 |
Van Le v. Debbie Aldridge, Warden |
Tenth Circuit |
2018-08-10 |
Denied |
IFP |
criminal-procedure due-process equal-protection language-access right-to-counsel state-funding translation translation-services |
Should Phys Agurt allow the jhe plectrye Jecrctande of trial deunse/ and 14 tata | Fru r, phe. den! dt164 o f IL _ pnn pcent yoman, for the Sike oft f… |
| 18-5547 |
Jose Estrada-Corrales v. United States |
Fifth Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
18-usc-3553 appeal certiorari criminal-procedure due-process federal-appeals remand retroactivity sentencing sentencing-guidelines supreme-court |
Should this Court grant certiorari, vacate the judgment, and remand in light of Chavez-Meza v. United States |
| 18-188 |
Ivy T. Tucker v. United States |
Seventh Circuit |
2018-08-10 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split constitutional-deficiency constitutional-law criminal-procedure ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum offense-of-conviction out-of-circuit-precedent procedural-default sentencing sentencing-guidelines trial-counsel |
Whether trial counsel's failure to make an argument that courts of appeals outside the circuit have accepted amounts to constitutionally deficient ass… |
| 18-176 |
Conestoga Trust Services, LLC, as Trustee of the Conestoga Settlement Trust, dated May 1, 2010 v. Sun Life Assurance Company of Canada |
Sixth Circuit |
2018-08-09 |
Denied |
|
civil-procedure direct-evidence disinterested-witness evidence judicial-discretion material-fact material-facts nonmovant reasonable-jury reasonable-jury-standard summary-judgment witness-credibility |
Whether a court may weigh and discredit direct evidence from a disinterested witness that would prove a material fact, under the guise of applying the… |
| 18-177 |
Kenneth Jerome Dawson v. Board of County Commissioners of Jefferson County, Colorado, et al. |
Tenth Circuit |
2018-08-09 |
Denied |
|
bond-release constitutional-rights criminal-procedure detention detention-rights due-process fourteenth-amendment fundamental-liberty fundamental-right judicial-scrutiny liberty-interest reasonably-related strict-scrutiny substantive-due-process |
When does a criminal defendant's right to be released from jail after posting bond implicate a fundamental right of liberty? |
| 18-5521 |
Miguel Antonio Ramos v. United States |
Fifth Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
criminal-procedure cross-examination due-process fourth-amendment procedural-due-process sentencing sentencing-enhancement supervised-release |
Whether the petitioner was denied procedural due process by enhancements to his guidelines sentence without any proof to support those enhancements |
| 18-5523 |
Chris Sanchez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-09 |
Denied |
Relisted (2)IFP |
actual-innocence constitutional-error constitutional-rights criminal-procedure due-process exculpatory-evidence false-evidence false-testimony miscarriage-of-justice new-evidence new-reliable-evidence |
Claim of actual innocence given that the state presented false evidence at trial, namely fraudulent testimony from law enforcement officers |
| 18-5525 |
Jonathan E. Jouette v. United States |
Fifth Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
armed-career-criminal-act categorical-approach charging-instrument constitutional-rights criminal-procedure due-process enhanced-sentencing felon-in-possession fifth-amendment fourteenth-amendment sentencing-enhancement taylor-v-united-states |
Whether application of the Taylor rule bars consideration of materials beyond the charging instrument in determining a defendant's qualification for e… |
| 18-5526 |
Michael P. Lough v. United States |
Fourth Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception motion-to-suppress probable-cause search-and-seizure standard-of-review warrant-requirement |
Whether the Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Lough's motion to suppress evidence? |
| 18-5527 |
Jesus Alejandro Chavez, aka Chuy v. United States |
Fourth Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
brady-violation case-severance criminal-procedure due-process fourth-circuit-review joinder materiality materiality-standard new-trial prejudice severance substantial-defense |
Whether the Fourth Circuit erred in finding that the alleged Brady violation was not material |
| 18-5538 |
Shawn J. Gieswein v. United States |
Tenth Circuit |
2018-08-09 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure criminal-sentencing guidelines molina-martinez-v-united-states peugh-v-united-states sentencing sentencing-errors sentencing-guidelines tenth-circuit volina-martinez-v-united-states |
Whether the United States Court of Appeals for the Tenth Circuit erroneously speculated that the District Court would have imposed the same sentence o… |
| 18-5491 |
Glen Hughie Lovin, Jr. v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2018-08-08 |
Denied |
IFP |
civil-rights constitutional-law criminal-history criminal-procedure due-process evidence evidentiary-hearing fair-trial habeas-corpus ineffective-assistance-of-counsel prejudicial-evidence sentencing |
Whether the trial court erred in admitting prejudicial evidence of the defendant's prior criminal history, resulting in an unfair trial and requiring … |
| 18-5504 |
William Lem Posey, II v. United States |
Sixth Circuit |
2018-08-08 |
Denied |
IFP |
career-offender categorical-approach circuit-split criminal-procedure criminal-sentencing descamps-approach divisibility element-analysis element-based-approach grammar-based-approach mandatory-guidelines non-generic-offense sentencing sentencing-guidelines statutory-interpretation |
Whether a non-generic offense is divisible under Descamps v. United States |
| 18-5505 |
Farris Genner Morris v. Tony Mays, Warden |
Sixth Circuit |
2018-08-08 |
Denied |
IFP |
procedurally defaulted ineffective assistance of capital-case equitable-exception evidence federal-habeas federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan post-conviction-relief procedural-default sixth-amendment |
When Martinez v. Ryan applies to a petitioner's initial federal habeas corpus proceeding, should the petitioner be entitled to application of Martinez… |
| 18-5511 |
Michael John Tarvin v. Mississippi |
Mississippi |
2018-08-08 |
Denied |
Response WaivedIFP |
28-usc-2244 civil-rights criminal-procedure dna-evidence due-process evidence false-imprisonment innocence-claim standing successive-petition |
Whether the Mississippi Supreme Court erred in dismissing the petitioner's application, when the U.S. Court of Appeals denied the petitioner's motion … |
| 18-5513 |
My Van Tran v. Ed Sheldon, Warden |
Sixth Circuit |
2018-08-08 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure discovery due-process evidence fair-trial interpreter jury language-access manifest-weight-of-evidence other-acts-evidence |
Whether the Sixth Circuit Court of Appeals erred in failing to vacate the district court's judgment due to the state's failure to timely provide repla… |
| 18-5474 |
Heriberto Garcia-Hernandez v. United States |
Fifth Circuit |
2018-08-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum |
Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5481 |
John K. D. Watson v. Virginia |
Fourth Circuit |
2018-08-07 |
Denied |
IFP |
' 'colloquy" ' 'due-process" ' 'evidentiary-review' ' 'guilty-plea" ' 'ineffective-assistance-of-counsel" ' 'learning-disability" civil-rights criminal-procedure due-process mental-competency plea-bargaining sentencing |
Whether a defendant with a learning disability can be accepted a guilty plea without proper allocation, assistance of counsel, and a thorough colloquy… |
| 18-5447 |
David V. Rock v. Charmaine Bracy, Warden |
Sixth Circuit |
2018-08-06 |
Denied |
IFP |
burden-of-proof constitutional-error due-process enhancement evidence habeas-corpus plea-bargaining plea-validity presumption-of-innocence reasonable-doubt sixth-amendment |
Whether the presumption of innocence and burden of proof requirements are unconstitutionally repealed in enhancement cases, requiring the defendant to… |
| 18-5449 |
In Re Michael D. Smith |
|
2018-08-06 |
Denied |
Response WaivedIFP |
28-usc-2255 appeals civil-procedure confrontation criminal-procedure district-court-review double-jeopardy due-process federal-habeas habeas-corpus indictment motion-to-vacate post-conviction-relief self-incrimination sentencing speedy-trial standing |
Whether the petitioner's constitutional rights were violated when the district court and court of appeals denied his 28 U.S.C. § 2255 and § 2244 motio… |
| 18-5466 |
Lawrence E. Wilson v. Ohio |
Ohio |
2018-08-06 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment nunc-pro-tunc open-court right-to-counsel sentencing sentencing-requirements sixth-amendment void |
Whether a trial court's failure to comply with statutory requirements when imposing a sentence renders the attempted sentence void |
| 18-5467 |
Virginia Denise Wyche v. Florida |
Florida |
2018-08-06 |
Denied |
Response WaivedIFP |
and whether jury instructions misstating self-def 5th-amendment criminal-procedure due-process ex-post-facto ex-post-facto-clause fifth-amendment fourteenth-amendment homicide homicide-statute second-amendment self-defense statutory-interpretation |
Whether the First District's expansion of the scope of Florida's homicide statute could be used to affirm Wyche's conviction and sentence in light of … |
| 18-5469 |
Chad Allen Dorton v. United States |
Sixth Circuit |
2018-08-06 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure district-court due-process judicial-discretion obstruction-of-justice offense-enhancement sentencing-guidelines sixth-amendment standard-of-review |
Did the district court err in applying the sentencing guidelines offense enhancement for obstruction of justice? |
| 18-5470 |
Jeremy J. Bohlman v. United States |
Ninth Circuit |
2018-08-06 |
Denied |
Response WaivedIFP |
compulsory-process compulsory-process-clause confrontation-clause criminal-evidence due-process due-process-clause evidence fed-rule-evidence-412 federal-rules-of-evidence-412 rape-allegations rape-shield-law sexual-assault sexual-behavior subsequent-behavior-evidence |
Whether Fed.R.Evid 412 bars a defendant from introducing evidence showing that the alleged victim engaged in subsequent sexual acts inconsistent with … |
| 18-5473 |
Justin Michael Credico v. United States |
Third Circuit |
2018-08-06 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process first-amendment free-speech jury-instructions sentencing subjective-intent" |
Whether the jury instructions on subjective intent for 18 USC § 875(c) were proper in light of the Elonis case |
| 18-5456 |
Gary Allen Kachina v. United States |
Eighth Circuit |
2018-08-03 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation competence competency-hearing criminal-procedure discovery discovery-violation discovery-violations due-process exculpatory-evidence mental-health mental-health-evaluation necessity-defense subpoena |
Did the Trial Court error in denying petitioner's motions for Discovery violations under BRADY v. MARYLAND and for refusal to enforce petitioner's cou… |
| 18-5457 |
Michael Allyn Kennedy v. Texas |
Texas |
2018-08-03 |
Denied |
IFP |
appeal conviction criminal-procedure due-process habeas-corpus indictment jury-trial notice sixth-amendment trial |
Whether the trial court erred in imposing a conviction without a reading of the indictment, thereby depriving the petitioner of due process and notice… |
| 18-5459 |
Zachary David Warnell v. Texas |
Texas |
2018-08-03 |
Denied |
IFP |
appeal appeals appellate-procedure constitutional-rights criminal-procedure douglas-v-california due-process effective-assistance-of-counsel equal-protection evitts-v-lucey ineffective-assistance pro-se-representation right-to-counsel |
Can a state deny a criminal defendant the constitutional right to appeal with the effective assistance of counsel? |
| 18-5464 |
Jose Benitez, Jr. v. United States |
Eleventh Circuit |
2018-08-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
armed-bank-robbery closing-argument constructive-amendment criminal-procedure due-process firearm firearm-specification indictment indictment-variance jury-instructions prosecutorial-discretion variance |
Whether a constructive amendment occurred when the jury instructions and government's closing argument allowed conviction for armed bank robbery witho… |
| 18-5426 |
Gabriel Rivero v. United States |
Ninth Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
circuit-split criminal-intent criminal-law criminal-procedure due-process export-controls federal-law mens-rea munitions munitions-export smuggling statutory-interpretation |
Whether the Government may obtain a conviction for smuggling goods from the United States in violation of 18 U.S.C. § 554 charged in conjunction with … |
| 18-5427 |
Monclaire Saint Louis v. United States |
Fourth Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
criminal-procedure curative-instruction curative-instructions due-process evidence jury-bias jury-instructions kidnapping prejudice prejudicial-error rape witness-testimony |
Whether witness testimony about a rape committed by someone other than the defendant during a kidnapping creates prejudice that cannot be overcome by … |
| 18-5432 |
Ahmadou Sankara v. Liam O'Hara, et al. |
Second Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process false-arrest false-imprisonment fourth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel malicious-prosecution search-and-seizure unlawful-search-and-seizure |
Whether the petitioner's Fourth Amendment rights were violated by an unlawful search and seizure, false arrest, and false imprisonment without consent… |
| 18-5436 |
Ralph Deon Taylor v. United States |
Ninth Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
2nd-circuit 3rd-circuit 9th-circuit criminal-procedure custodial-interrogation due-process evidence-confrontation fifth-amendment incriminating-response interrogation miranda-rights miranda-warning police-interrogation police-questioning self-incrimination |
Does confronting a suspect with the mounting evidence against him constitute interrogation under Miranda? |
| 18-5438 |
Ulriste Tulin v. United States |
Fourth Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
burden-of-proof confrontation-clause criminal-procedure due-process evidence-reliability federal-rules-of-evidence kidnapping new-trial out-of-court-identification suggestive-procedure witness-identification |
Is an out-of-court identification of a defendant unduly suggestive and unreliable? |
| 18-5439 |
Adam Longoria v. United States |
Eleventh Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure descamps-v-united-states mathis-v-united-states non-elemental-facts occasions-different sentencing-enhancement serious-drug-offense sixth-amendment sixth-amendment-jury-trial statutory-interpretation taylor-v-united-states violent-felony |
Whether the ACCA's 'occasions different from one another' clause requires a sentencing court to rely solely on elemental facts, or whether it can rely… |
| 18-5440 |
Larenzo Lomax v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-08-02 |
Denied |
IFP |
arrest arrest-legality constitutional-rights criminal-procedure exclusionary-rule false-affidavit false-statements fourth-amendment ineffective-assistance-of-counsel search-and-seizure search-warrant sixth-amendment |
Whether Lomax was denied the effective assistance of counsel when his trial attorney failed to challenge the legality of Lomax's arrest |
| 18-5441 |
Milford Wade Byrd v. Florida |
Florida |
2018-08-02 |
Denied |
IFP |
capital-murder criminal-procedure death-penalty ex-post-facto hurst-v-state jury-unanimity retroactive-application retroactivity |
Whether a death sentence can remain intact when the jury did not unanimously find the elements of capital murder proven beyond a reasonable doubt |
| 18-5405 |
Fortino Pimentel-Soto v. United States |
Fifth Circuit |
2018-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum |
Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5412 |
Robert Eugene Johnson, Jr. v. Virginia |
Virginia |
2018-08-01 |
Denied |
IFP |
appellate-review civil-procedure conviction criminal-procedure due-process equal-protection evidence standard-of-review sufficiency-of-evidence |
Can a state's highest court uphold a criminal conviction after being made aware that there was absolutely no evidence presented at trial that the crim… |
| 18-5413 |
Clarence D. Lewis v. Johnny Hedgemon, et al. |
Fifth Circuit |
2018-08-01 |
Denied |
Relisted (2)IFP |
constitutional-law criminal-procedure due-process fifth-amendment habeas-corpus plea-bargain self-incrimination voluntary-plea |
Is a plea bargain voluntary or involuntary if a petitioner invokes his Fifth Amendment right against self-incrimination before the plea is induced? |
| 18-5414 |
Keith William Deichert v. United States |
Fourth Circuit |
2018-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule fourth-amendment good-faith good-faith-exception jurisdiction objective-reasonableness rule-41 search-warrant void-ab-initio |
Does the good-faith exception to the exclusionary rule apply to a search warrant that is issued by a judge without jurisdiction, rendering the warrant… |
| 18-5428 |
Restituto D. Barraquias v. Robert Wilkie, Secretary of Veterans Affairs |
Federal Circuit |
2018-08-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process federal-courts free-speech habeas-corpus ineffective-assistance-of-counsel standing takings |
Whether the petitioner's due process rights were violated when the court failed to consider his claim of ineffective assistance of counsel |
| 18-5431 |
Melvin Andrew Morris v. United States |
Sixth Circuit |
2018-08-01 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure domestic-violence due-process residual-clause sentencing standing |
Whether Michigan's felony domestic violence conviction qualifies as a 'crime of violence' under the 'residual clause' of the U.S. Sentencing Guideline… |
| 18-5391 |
Daniel Sexton v. United States |
Sixth Circuit |
2018-07-31 |
Denied |
IFP |
18-usc-981 circuit-split criminal-forfeiture-liability criminal-procedure dismissed-charges due-process forfeiture-liability honeycutt-v-united-states joint-and-several-liability sentencing-guidelines statutory-interpretation |
Does this Court's reasoning in Honeycutt v. United States, 137 S. Ct. 1626 (2017), limiting joint and several forfeiture liability to what a defendant… |
| 18-5416 |
Ramal Hammond v. Ohio |
Ohio |
2018-07-31 |
Denied |
Response WaivedIFP |
amnesia burden-of-proof competency criminal-procedure defendant-amnesia due-process dusky-standard dusky-v-united-states mental-capacity right-to-counsel sixth-amendment trial-competency |
When the evidence of guilt is far from overwhelming but cannot be rebutted without information that only the defendant would know, but due to amnesia … |
| 18-5420 |
Tyler T. Heagy v. Pennsylvania |
Pennsylvania |
2018-07-31 |
Denied |
Relisted (2)IFP |
appeal-rights constitutional-rights criminal-procedure due-process filing-restrictions habeas-corpus post-conviction-relief procedural-due-process right-to-appeal right-to-counsel standing statutory-interpretation unconstitutional-as-applied |
Was 42 Pa.C.S.A. §9543 (a)(1)(i) unconstitutional as applied to Petitioners case? |
| 18-143 |
Sandra Lee Bart v. United States |
Eighth Circuit |
2018-07-31 |
Denied |
Response WaivedRelisted (2) |
appellate-review conspiracy conspiracy-conviction due-process evidence evidentiary-hearing fair-trial government-witness juror-misconduct jury-misconduct precedent sixth-amendment substantial-evidence |
Did the Eighth Circuit fail to follow its own precedent and rule contrary to other Appellate Circuits and the United States Supreme Court when it appr… |
| 18-5388 |
Albert William Roberts, III v. United States |
Eighth Circuit |
2018-07-30 |
Denied |
Response WaivedRelisted (2)IFP |
acquittal acquitted-conduct criminal-procedure double-jeopardy-clause due-process relevant-conduct sentencing sixth-amendment united-states-v-watts watts-precedent |
Can acquitted conduct continue to be used at sentencing? |
| 18-5394 |
Casey Peebles v. United States |
Eighth Circuit |
2018-07-30 |
Denied |
Response WaivedIFP |
coconspirator-statements confrontation-clause criminal-procedure due-process evidence evidence-rule fair-trial federal-rules-of-evidence hearsay hearsay-exception sixth-amendment |
Whether Inadi and Bourjaily adequately protect an accused's Fifth Amendment due process right to a fair trial and his Sixth Amendment right to confron… |
| 18-5397 |
Alejandro Parra-Ramos v. United States |
Ninth Circuit |
2018-07-30 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-prejudice due-process government-misconduct judicial-discretion plain-error plea-agreement plea-agreement-breach prejudice prosecutorial-breach sentencing sentencing-guidelines sentencing-recommendation sentencing-variance upward-variance |
whether a defendant suffers prejudice when the government breaches a plea agreement by calling its agreed-upon recommendation irrational, and the cour… |
| 18-5398 |
Kenneth Floyd Prutting v. United States |
Eleventh Circuit |
2018-07-30 |
Denied |
IFP |
28-usc-2255 2nd-amendment armed-career-criminal armed-career-criminal-act burden-of-proof criminal-procedure due-process johnson-claim johnson-v-united-states residual-clause samuel-johnson section-2255 sentencing sentencing-enhancement |
Whether a § 2255 movant raising a Samuel Johnson claim can satisfy his burden of proof by showing his ACCA sentence may have been based on the residua… |
| 18-5399 |
Joseph Andrew Perez v. California |
California |
2018-07-30 |
Denied |
IFP |
autopsy-report autopsy-reports confrontation-clause crawford-standard crawford-v-washington criminal-procedure homicide-investigation homicide-investigations sixth-amendment testimonial testimonial-evidence |
Whether an autopsy report created as part of a homicide investigation, and asserting that the death was caused by homicide, is 'testimonial' under the… |
| 18-5361 |
Hazhar A. Sayed v. Travis Trani, Warden, et al. |
Tenth Circuit |
2018-07-27 |
Denied |
Response WaivedIFP |
collateral-estoppel constitutional-interpretation criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pro-se-litigation pro-se-prisoner-litigant |
Whether the Fifth Amendment's Double Jeopardy Clause prohibits retrying a defendant on a higher level charge after being convicted of a lesser include… |
| 18-5362 |
Omar Qazi v. United States |
Ninth Circuit |
2018-07-27 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure criminal-procedure due-process equal-protection fifth-amendment judicial-review miranda-warnings standing unpublished-decisions |
Whether the Ninth Circuit panel decision conflicts with established Supreme Court and Ninth Circuit precedents on Miranda warnings, and whether the pa… |
| 18-5371 |
Michael Ellis v. Illinois |
Illinois |
2018-07-27 |
Denied |
IFP |
appellate-review case-remand constitutional-challenge criminal-procedure due-process,criminal-procedure,probable-cause,forf forfeiture forfeiture-doctrine people-v-gaines probable-cause probable-cause,forfeiture,unconstitutional-statute statutory-interpretation teague-v-lane unconstitutional-statute |
Did the State forfeit the claim, reliance or remedy of Michigan v. DeFillippo, 443 U.S. 1 and U.S. v Charles, 801 F.3d 855 (7th Cir.) of an unconstitu… |
| 18-5373 |
Otis Sykes v. United States |
Seventh Circuit |
2018-07-27 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process guidelines guidelines-range harmless-error judicial-error molina-martinez-v-us rosales-mireles-v-us sentencing sentencing-guidelines substantial-rights |
Whether the defendant's substantial rights were affected by the district court's use of 'additional evidence' in imposing a guidelines sentence within… |
| 18-5378 |
Alejandro Chavez-Garcia v. United States |
Fifth Circuit |
2018-07-27 |
Denied |
Response WaivedIFP |
alleyne-v-united-states apprendi-v-new-jersey burden-of-proof criminal-procedure defendant-rights indictment jury-beyond-reasonable-doubt jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-5386 |
Allen Alexander, aka Karon Keenan v. New Jersey |
New Jersey |
2018-07-27 |
Denied |
Response WaivedIFP |
assault constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense robbery state-criminal-law trial-error |
Can a state trial judge's failure to charge the jury on a lesser included offense violate the defendant's rights guaranteed by the Due Process Clause … |
| 18-5355 |
Del Ray Sanders v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-26 |
Denied |
Relisted (2)IFP |
accidental-death criminal-procedure criminally-negligent-homicide due-process homicide-charges jury-instructions lesser-included-offense lesser-included-offenses manslaughter standard-of-review texas-penal-code trial-court-discretion unreasonable-application-of-federal-law |
Whether the trial court erred in denying the defendant's request for jury instructions on the lesser-included offenses of manslaughter and criminally … |
| 18-5357 |
Michael C. Redifer v. United States |
Tenth Circuit |
2018-07-26 |
Denied |
Response WaivedIFP |
congressional-legislation criminal-procedure due-process kastigar-doctrine law-of-the-case rules-enabling-act supreme-court-precedent supreme-court-precedents |
Does the Rules Enabling Act preclude a court from invoking the law of the case doctrine against a defendant in a criminal proceeding when the law of t… |
| 18-5360 |
Curtis L. Clinton v. Ohio |
Ohio |
2018-07-26 |
Denied |
IFP |
constitutional-rights criminal-justice-system criminal-procedure eighth-amendment equal-protection fair-trial fourteenth-amendment racial-stereotype racial-stereotypes racial-stereotyping sixth-amendment |
Whether a defendant's rights to the effective assistance of counsel, a fair and impartial jury, to be free from cruel and unusual punishment, and to t… |
| 18-5364 |
Harry Austin v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-07-26 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-custody writ-of-certiorari |
Whether certiorari review should be granted where the Eleventh Circuit affirmed the denial of Austin's petition under 28 U.S.C. §2254 for writ of habe… |
| 18-5366 |
Ronald David Martin v. Tony Trierweiler, Warden |
Sixth Circuit |
2018-07-26 |
Denied |
Relisted (2)IFP |
appeal confrontation-clause criminal-procedure evidence-admissibility ineffective-assistance ineffective-assistance-of-counsel motion-to-introduce-evidence rape-shield-statute right-to-present-defense trial-court-discretion |
Whether petitioner was deprived of his right to confront witnesses, his right to present a defense, and his right to the effective assistance of couns… |
| 18-5367 |
Edward David Jones, Jr. v. Arnold Schwarzenegger, former Governor of California, et al. |
Ninth Circuit |
2018-07-26 |
Denied |
IFP |
1st-amendment civil-procedure civil-rights due-process standing takings civil-rights constitutional-review criminal-procedure due-process federal-review free-speech habeas-corpus ninth-circuit patent standing state-court-conviction takings |
Whether the district court erred in dismissing petitioner's claims for lack of standing and failure to state a claim |
| 18-5368 |
Gabriel Werdene v. United States |
Third Circuit |
2018-07-26 |
Denied |
Response WaivedIFP |
computer-search criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) fourth-amendment good-faith good-faith-exception jurisdiction jurisdictional-defect law-enforcement-procedure search-warrant warrant warrant-validity |
Whether the good-faith exception to the exclusionary rule applies when a warrant is void from the outset due to the issuing authority's lack of jurisd… |
| 18-5322 |
Santiago Hum Rodriguez-Aparicio v. United States |
Fifth Circuit |
2018-07-25 |
Denied |
IFP |
criminal-procedure discretionary-relief due-process fundamental-fairness illegal-reentry immigration immigration-law mendoza-lopez removal-order removal-proceeding uniformity |
Whether the failure to inform an alien of his eligibility for discretionary relief in a removal proceeding is a due process violation that can make th… |
| 18-5336 |
Ventron Vaneke Lott v. Patrick Warren, Warden |
Sixth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence ineffective-assistance-of-counsel judicial-discretion michigan-law sentencing-guidelines sixth-amendment |
Whether the trial court erred in sentencing the petitioner under the restrictions of OV-1 and OV-2 of the Michigan Sentencing Guidelines in violation … |
| 18-5337 |
Shawn Johnson v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2018-07-25 |
Denied |
IFP |
actual-innocence brady-violations certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-concession prosecutorial-misconduct recantation recanted-testimony self-defense witness-recantation |
Whether petitioner Shawn Johnson was denied due process and a fair trial due to newly discovered evidence of actual innocence and ineffective assistan… |
| 18-5339 |
Tyron James v. Paul Snyder, Warden, et al. |
Tenth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel plea-bargaining retroactive-application sixth-amendment strickland-v-washington |
Whether the 10th Circuit Court of Appeals erred in affirming the conviction and not applying the Santobello decision on counsel's performance retroact… |
| 18-5343 |
Roger Wilson v. McKeesport Police Department, et al. |
Third Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process free-speech habeas-corpus ineffective-assistance-of-counsel jurisdiction standing takings |
Whether the petitioner's constitutional rights were violated when the lower courts refused to consider evidence of his innocence and denied his reques… |
| 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 … |
| 18-5350 |
Carroll Erman Crider v. Virginia |
Virginia |
2018-07-25 |
Denied |
Response WaivedIFP |
civil-rights conviction-vacatur criminal-procedure due-process habeas-corpus indictment indictment-notice jurisdiction notice standing statutory-violation |
Whether Crider's convictions should be vacated due to lack of jurisdiction and inadequate indictment notice |
| 18-5351 |
Payman Borhan v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
certificate-of-appealability choice-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance mccoy-v-louisiana right-to-choice-of-counsel right-to-counsel sixth-amendment |
Whether the trial court's refusal to allow the defendant to retain his own counsel of choice deprived him of his Sixth Amendment right to choose the f… |
| 18-5292 |
Armando Angeles v. United States |
Tenth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
circuit-court-interpretation circuit-split criminal-procedure fourth-amendment lane-maintenance search-and-seizure state-court-interpretation state-federal-court-tension statutory-interpretation suppression-motion traffic-laws traffic-statute traffic-stop |
Whether the Tenth Circuit Court of Appeals erred in applying the Kansas Supreme Court's interpretation of a Kansas traffic statute governing the failu… |
| 18-105 |
Modesta R. Sabeniano v. Citibank, N.A., et al. |
Second Circuit |
2018-07-24 |
Denied |
Response WaivedRelisted (2) |
appeal appeal-dismissal civil-procedure civil-rights constitutional-rights due-process evidence fourteenth-amendment judicial-review perjury |
Whether petitioner Sabeniano was denied her constitutional right to due process |
| 18-106 |
John R. Turner v. United States |
Sixth Circuit |
2018-07-24 |
Denied |
Amici (6)Relisted (2) |
circuit-split criminal-procedure dual-sovereignty formal-charges plea-bargaining plea-negotiations pre-charge pre-indictment right-to-counsel sixth-amendment |
Sixth Amendment right to counsel attaches during pre-charge plea negotiations |
| 18-5311 |
Jack Reid v. United States |
Second Circuit |
2018-07-24 |
Denied |
Response WaivedIFP |
civil-procedure criminal-forfeiture criminal-procedure drug-forfeiture drug-offenses due-process eighth-amendment excessive-fines property-rights property-seizure sentencing standing substantial-connection |
Whether property subject to forfeiture under 21 U.S.C. §853(a)(2) must have a substantial connection to the underlying criminal activity |
| 18-5324 |
Anastasio N. Laoutaris v. United States |
Fifth Circuit |
2018-07-24 |
Denied |
Response WaivedIFP |
18-usc-1030 criminal-procedure criminal-procedure-due-process due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel jackson-v-virginia judgment-of-acquittal malicious-code perjury perjury-standard reasonable-doubt sentencing strickland-standard sufficiency-of-evidence |
Whether a rational jury could have found each essential element of the offense of transmitting a malicious code, in violation of 18 U.S.C. § 1030(a)(5… |
| 18-5325 |
Lena Lasher v. United States |
Second Circuit |
2018-07-24 |
Denied |
Response WaivedRelisted (2)IFP |
but no text was provided for analysis. Without th I cannot generate a question presented or identif please provide the full text of the petition. civil-rights collateral-attack criminal-procedure due-process equal-protection evidentiary-hearing habeas-corpus racial-discrimination school-desegregation sentencing voting-rights |
Whether a district court must grant an evidentiary hearing on a prisoner's collateral attack claims |
| 18-5327 |
Adib Eddie Ramez Makdessi v. Lieutenant Fields, et al. |
Fourth Circuit |
2018-07-24 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference deliberate-misconduct due-process evidence-suppression excessive-force federal-courts fourth-circuit judicial-conflict retaliation standing takings witness-tampering |
Whether the Fourth Circuit's conflicting rulings overlooked key evidence and were in conflict with Supreme Court precedent in Farmer v. Brennan |
| 18-5332 |
Davon Merkiese Kemp v. United States |
Sixth Circuit |
2018-07-24 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure drug-crimes drug-trafficking evidence fourth-amendment home-search probable-cause search-and-seizure search-warrant unreasonable-search |
Whether a police officer's generalized opinion that drug dealers often keep drugs and other evidence of their trafficking activities in their homes is… |
| 18-5299 |
Derek Antonio Smith v. North Carolina |
North Carolina |
2018-07-23 |
Denied |
Response WaivedIFP |
appeal civil-procedure civil-rights criminal-procedure due-process evidence sentencing standing transcripts |
Was LR found guilty at trial, when the transcripts of pre-trial clearly show she said nothing happened sexually? |
| 18-5300 |
Gary Robinson v. United States |
Fourth Circuit |
2018-07-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment |
Whether a trial attorney can constitutionally stipulate elements of a charged crime over the expressed objections of the defendant under the Fifth, Si… |
| 18-5317 |
Jose Villanueva-Cardenas v. United States |
Fifth Circuit |
2018-07-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-conviction-enhancement sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-98 |
Jerrard T. Cook, aka Jerrad T. Cook, aka Jerrard Cook aka Jerrard Tramaine Cook, aka J-Fat v. Mississippi |
Mississippi |
2018-07-23 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure eighth-amendment eighth-amendment-prohibits juvenile-offenders juvenile-sentencing life-without-parole montgomery-v-louisiana permanent-incorrigibility sentencing sentencing-authority |
Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible in order to impose a sent… |
| 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-… |
| 18-5305 |
Aubry Rae Johnson v. Paul Copenhaver, Warden |
Ninth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
criminal-procedure double-counting due-process federal-custody federal-jurisdiction habeas-corpus habeas-petition jurisdiction primary-jurisdiction sentencing state-custody time-served |
Does 18 U.S.C. § 3585 prevent a federal sentence from commencing where federal authorities do not have primary jurisdiction of the inmate? |
| 18-5307 |
Andrew Wayne Hulen v. United States |
Ninth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
compelled-admissions constitutional-rights criminal-procedure due-process fifth-amendment garrity-v-new-jersey minnesota-v-murphy penalty-situation self-incrimination self-incrimination-clause sex-offender-treatment supervised-release |
Whether the Ninth Circuit's failure to analyze Petitioner's argument under the classic penalty situation addressed by this Court in Minnesota v. Murph… |
| 18-5280 |
Patrick Lanier v. United States |
Fifth Circuit |
2018-07-20 |
Denied |
Response WaivedRelisted (2)IFP |
appeal criminal-procedure eighth-amendment fifth-circuit judicial-proceedings judicial-review manifest-miscarriage plain-error plain-error-review restitution rule-52b sentencing sentencing-error |
Whether the plain error standard requires a 'manifest miscarriage of justice' to correct a forfeited error affecting substantial rights |
| 18-5286 |
Odere Suleitopa v. United States |
Fourth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
circuit-court-conflict circuit-split civil-procedure evidence evidence-admissibility federal-rule-of-evidence-701 federal-rules-of-evidence law-enforcement law-enforcement-officer-testimony law-enforcement-testimony lay-witness-testimony opinion-testimony personal-knowledge personal-knowledge-requirement witness-testimony |
Whether Rule 701's personal knowledge' requirement permits law enforcement officers to offer lay opinion testimony regarding an investigation when the… |
| 18-5294 |
Herbert Pridgen v. United States |
Fourth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
adjudication appeal appellate-procedure appellate-review circuit-court-error civil-procedure criminal-procedure due-process ineffective-assistance-of-counsel insufficient-judgment judicial-review jurisdiction legal-adjudication procedural-defect sentencing |
Did the Circuit Court err in its opinion when it failed to properly address the four issues raised on appeal for adjudication, giving an insufficient … |
| 18-5297 |
Allen Jamel Robinson v. Darryl Vannoy, Warden |
Fifth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment |
Whether the petitioner was denied effective assistance of counsel in violation of the Sixth Amendment due to counsel's failure to properly investigate… |
| 18-5256 |
Brandon Wade Moragne-El v. Pennsylvania |
Pennsylvania |
2018-07-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection guilty-plea judicial-precedent pennsylvania plea-bargaining plea-withdrawal precedent sentencing supreme-court |
Does the denial of the Petitioner's Motion to Withdraw his Guilty Plea contradict Precedent case law from the Superior Court of Pennsylvania, the Supr… |
| 18-5259 |
Olin Ray Nowlin v. Joe Shannon, Jr., et al. |
Fifth Circuit |
2018-07-19 |
Denied |
IFP |
6th-amendment compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process equal-protection legal-deprivation liberty-interest procedural-law state-jurisdiction |
Does the 6th Amendment guarantee the right to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, … |
| 18-5261 |
Vester L. Patterson v. California |
California |
2018-07-19 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy due-process equal-protection ex-post-facto statute-of-limitations |
May a defendant be tried and punished for offenses that were statutorily barred by the statute of limitation's? |
| 18-5276 |
William Clark v. United States |
District of Columbia |
2018-07-19 |
Denied |
Response WaivedIFP |
age-of-majority age-of-maturity brain-development criminal-procedure cruel-and-unusual-punishment eighth-amendment equal-protection juvenile-justice montgomery-line sentencing sentencing-considerations |
Whether the Montgomery Line of decisions apply to those under 18-years-old? |
| 18-5279 |
Jonathan Hayhoe v. United States |
Fourth Circuit |
2018-07-19 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule fourth-amendment good-faith-exception law-enforcement-conduct magistrate-powers qualified-immunity search-and-seizure suppression suppression-of-evidence void-ab-initio warrant-validity |
Whether conduct by law enforcement in securing a void in initio warrant was grossly negligent, thereby precluding application of good-faith exception |
| 18-5281 |
Vincent Craig Mosley v. United States |
Fourth Circuit |
2018-07-19 |
Denied |
Response WaivedIFP |
co-defendant compulsory-process confrontation-clause criminal-procedure criminal-trial drug-conspiracy due-process evidence evidence-admission plea-agreement plea-bargaining witness-testimony |
Whether a criminal defendant is entitled to see the plea agreements of non-testifying co-defendants and admit them into evidence |
| 18-5247 |
James McCray v. S. L. Burt, Warden |
Sixth Circuit |
2018-07-18 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-violation criminal-procedure due-process judicial-discretion jury-trial minimum-sentence plea-bargaining reasonable-doubt sentencing-guidelines sixth-amendment |
Whether the Sixth Circuit decision is objectively unreasonable as a matter of due process, because McCray's sentencing guidelines offense variable(s) … |
| 18-5258 |
Howell Miller v. United States |
Second Circuit |
2018-07-18 |
Denied |
Response WaivedIFP |
appellate-procedure criminal-procedure due-process en-banc-review judge-found-facts judicial-fact-finding sentencing sentencing-guidelines sixth-amendment uniformity-of-decisions united-states-v-booker |
whether-a-drastically-increased-sentence-violates-the-sixth-amendment |
| 18-5265 |
In Re Brandon Lee |
|
2018-07-18 |
Denied |
IFP |
consent consent-requirements criminal-procedure due-process equal-protection indictment-procedure indictments indigent-defendants judicial-standard prosecutorial-discretion right-to-counsel right-to-effective-assistance-of-counsel right-to-jury-trial standard |
Whether the state can rely on true bill of indictments that meet the clearly erroneous standard without verbal and/or written consent of indigent defe… |
| 18-5271 |
Roger W. Murray v. Charles L. Ryan, Director, Arizona Department of Corrections |
Ninth Circuit |
2018-07-18 |
Denied |
Relisted (2)IFP |
batson batson-challenge Batson-v-Kentucky civil-rights constitutional-rights criminal-procedure due-process equal-protection jury-selection mitigation-evidence ninth-circuit racial-discrimination voir-dire |
Whether the Arizona courts unreasonably applied Batson v. Kentucky and unreasonably determined the constitutionally significant facts, thus violating … |
| 18-5273 |
Davian Wilson v. United States |
Fifth Circuit |
2018-07-18 |
Denied |
Response WaivedIFP |
authentication criminal-procedure criminal-procedure-sufficiency-of-evidence criminal-trial evidence-authentication federal-criminal-procedure federal-jurisdiction guilty-verdict jury-verdict native-american reasonable-jury sentencing-disparities sentencing-disparity standard-of-review sufficiency-of-evidence |
Whether the district court erred in finding sufficient evidence for a guilty verdict against Mr. Wilson |
| 18-5251 |
Sarjo Dambelly v. United States |
Second Circuit |
2018-07-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-law criminal-procedure deliberate-avoidance global-tech intent jury-instructions knowledge-standard mens-rea second-circuit willful-blindness |
Whether, in light of Global-Tech, the Second Circuit errs by holding, contrary to at least six other circuits, that willful blindness in a criminal ca… |
| 18-5253 |
Dennis DeCiancio v. United States |
Sixth Circuit |
2018-07-17 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure disclosure-duty due-process duty-to-disclose evidence evidence-admissibility federal-rules-of-evidence free-speech materiality prior-convictions rule-10b-5 securities securities-fraud |
Whether evidence of unrelated prior convictions is admissible in securities fraud cases as direct proof of a fraud under Rule 10b-5, even though there… |
| 18-82 |
Tamara Cotman and Angela Williamson v. Georgia |
Georgia |
2018-07-17 |
Denied |
Response Waived |
acquittal criminal-procedure double-jeopardy double-jeopardy,fifth-amendment,criminal-procedure fifth-amendment jury jury-trial nonunanimous-verdict sixth-amendment sixth-amendment,criminal-procedure,jury,due-proces unanimous-verdict Whether the Double Jeopardy Clause of the Fifth Am |
Whether it is a Violation of the Sixth Amendment for a jury in a criminal case to return a nonunanimous verdict |
| 18-5242 |
Kenneth Martin, Jr. v. United States |
Fifth Circuit |
2018-07-16 |
Denied |
Response WaivedIFP |
burden-of-proof co-conspirator co-conspirator-testimony corroboration corroboration-requirement criminal-conviction criminal-procedure due-process evidence evidentiary-standard fifth-circuit-law plea-bargain sentencing testimony witness-credibility |
Whether the Fifth Circuit's law that allows a conviction based solely on the uncorroborated testimony of a co-conspirator should be abandoned, or at l… |
| 18-5243 |
Curumulathu Jacob v. Virginia |
Virginia |
2018-07-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment jurisdiction notice-clause sixth-amendment stare-decisis void-ab-initio |
Can a state maintain a judgment which was entered absent jurisdiction under its own stare decisis ruling and which is a violation of the Sixth Amendme… |
| 18-5226 |
Richard Lugo v. United States |
Second Circuit |
2018-07-13 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure direct-appeal due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment |
Whether appellate counsel's ineffectiveness deprived petitioner of his right to direct appeal |
| 18-5235 |
Antrone Arness Thomas v. David Chandran |
Fourth Circuit |
2018-07-13 |
Denied |
Response WaivedRelisted (2)IFP |
civil-action civil-procedure civil-rights constitutional-rights conviction-reversal criminal-procedure due-process jury-trial legal-remedy procedural-due-process standing state-criminal-conviction |
Ought I have right to a jury trial? Also a civil action due to my State criminal conviction being reversed? |
| 18-74 |
Danica Zovko, et al. v. National Credit Union Administration Board |
Sixth Circuit |
2018-07-13 |
Denied |
Response Waived |
affirmative-defenses banking-law civil-procedure credit-union d-oench-duhme-doctrine d'oench-duhme-doctrine evidence federal-law financial-regulation fraud liquidation ncuab statute-of-limitations statutes-of-limitations |
Does the D'Oench, Duhme doctrine permit the NCUA to ignore proper evidence, statutes of limitations, affirmative defenses, and federal law? |
| 18-5222 |
Corvain T. Cooper, aka CV v. United States |
Fourth Circuit |
2018-07-12 |
Denied |
IFP |
collateral-review criminal-procedure due-process federal-sentencing federal-statute habeas-corpus invalidated-convictions life-without-parole resentencing sentencing state-convictions |
Whether a petitioner who was sentenced to life without the possibility of parole, which was enhanced by two later invalidated state convictions, may a… |
| 18-5225 |
Junaidu Saljan Savage, aka James Kamara v. United States |
Fourth Circuit |
2018-07-12 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process federal-courts-of-appeal in-camera-review pennsylvania-v-ritchie precedent prosecutorial-evidence prosecutorial-misconduct ritchie standing |
Whether, under Pennsylvania v. Ritchie, 480 U.S. 39 (1987), defendants requesting in camera review for potential required disclosures in accordance wi… |
| 18-66 |
Regis Blake Ross v. Arizona |
Arizona |
2018-07-12 |
Denied |
|
constitutional-review criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing federal-review-standards ineffective-assistance plea-bargaining plea-voluntariness post-conviction-relief standard-of-review supreme-court-precedent |
Did the Arizona courts err in failing to apply the proper federal standard of review for claims of ineffective assistance of counsel, involuntary plea… |
| 18-60 |
Amira Olivia Gunn v. North Dakota |
North Dakota |
2018-07-11 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process first-amendment fourteenth-amendment free-speech speech-protection |
Whether Gunn was convicted of speech protected by the Free Speech Clause of the First Amendment, applicable to the States under the Due Process Clause… |
| 18-5201 |
Henry Bryan Lowe v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-07-11 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression expert-witness fifth-amendment ineffective-assistance sixth-amendment |
Ineffective-assistance-of-counsel |
| 18-5202 |
Samuel Knowles v. United States |
Eleventh Circuit |
2018-07-11 |
Denied |
Response WaivedIFP |
certificate-of-appealability consular-notification criminal-procedure due-process extradition extradition-process international-treaty jurisdiction jurisdictional-defect |
Question not identified |
| 18-5204 |
Jose Luis Morales v. United States |
Fifth Circuit |
2018-07-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process enhancement evidence fact-finding immigration immigration-law judicial-error sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation undocumented-aliens |
Whether the lower court erred in applying the enhancement under section 2L1.1(b)(2)(B) for transporting aliens |
| 18-5212 |
Markentz Blanc v. United States |
Eleventh Circuit |
2018-07-11 |
Denied |
Response WaivedIFP |
11th-circuit 4th-amendment 5th-amendment 6th-amendment appellate-review circuit-court criminal-procedure criminal-procedure-flight-instructions district-court due-process elements flight-instructions prejudice prior-decisions sufficiency-of-evidence wiretap wiretap-evidence |
Whether the Eleventh Circuit erred in affirming the district court's rulings on the flight instructions, the necessity requirement for the wiretap, an… |
| 18-5170 |
Ijaz Khan v. United States |
Fourth Circuit |
2018-07-10 |
Denied |
Response WaivedIFP |
administrative-law agency-determination citizenship-and-naturalization-fraud citizenship-status due-process evidence evidence-standard fraud immigration immigration-law jurisdiction legal-review marriage naturalization naturalization-fraud standing statutory-interpretation |
Whether there was evidence presented at trial that petitioner was lawfully married to Shabana before he became naturalized? |
| 18-5177 |
Herman Majors v. United States |
Sixth Circuit |
2018-07-10 |
Denied |
Response WaivedIFP |
concurrent-sentence criminal-law criminal-procedure drug-conspiracy drug-quantity due-process foreseeable-drug-quantity ineffective-assistance sentencing sentencing-prejudice sixth-amendment |
Whether a defendant in a drug conspiracy case suffers prejudice when his attorney fails to argue at sentencing that foreseeable drug quantity is limit… |
| 18-5182 |
Carlton Butler v. United States |
Eleventh Circuit |
2018-07-10 |
Denied |
IFP |
circuit-split count-of-conviction criminal-procedure district-court-authority federal-rules-of-criminal-procedure illegal-sentence reallocation reallocation-of-sentences rule-35 scope-of-judicial-power sentencing split-among-circuits |
Whether Federal Rule of Criminal Procedure 35(a) grants a district court authority to reallocate the illegal portion of a term of imprisonment levied … |
| 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. Anmad Hashimi should be remanded for review and decision by the Fourth Circuit Court of Appeals in light of the U… |
| 18-5189 |
Glenvert Green v. United States |
Third Circuit |
2018-07-10 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination due-process fifth-amendment hearsay hearsay-evidence sentencing sentencing-procedure sixth-amendment victim-impact-statement victim-impact-statements |
Whether the Sixth and Fifth Amendments provide a criminal defendant the right to cross-examine a government witness who testifies during a sentencing … |
| 18-5195 |
Steven Anthony Alvarez v. M. Eliot Spearman, Warden |
Ninth Circuit |
2018-07-10 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment california-law constitutional-vagueness criminal-law due-process evidence great-bodily-injury jury-instructions prosecutorial-misconduct testimony vagueness |
Whether petitioner was denied due process of law when prosecutor misstated law, misstated testimony, and misstated evidence to the jury |
| 18-53 |
Lance Dillard, aka Double v. United States |
Seventh Circuit |
2018-07-10 |
Denied |
Response Waived |
constitutional-safeguards criminal-procedure due-process fair-trial internet-access internet-publicity judicial-controls juror-misconduct jury-instructions prejudicial-publicity sixth-amendment |
fair-trial |
| 18-5168 |
Jose Palacios, Jr. v. United States |
Fifth Circuit |
2018-07-09 |
Denied |
IFP |
appeal appellate-review circuit-split criminal-procedure criminal-sentencing de-novo-resentencing due-process remand remand-rule resentencing sentencing sentencing-guidelines |
Should this Court resolve the conflict among the circuits concerning whether the remand rule should be interpreted restrictively, as held by three cir… |
| 18-5171 |
Erick Rolando Lopez-Mendez v. United States |
Fifth Circuit |
2018-07-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process empirical-basis federal-sentencing illegal-reentry immigration presumption-of-reasonableness sentencing-guidelines |
Whether a sentence produced by the former illegal-reentry guideline, §2L1.2, is entitled to a presumption of reasonableness on appeal |
| 18-5173 |
Wilberth Medina Garcia v. United States |
Fifth Circuit |
2018-07-09 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure deportation due-process evidence-law hearsay immigration immigration-law sixth-amendment testimonial-evidence testimonial-hearsay |
Whether an immigration officer's formalized statements relating the fact of an alien's removal constitute testimonial hearsay for the purposes of anal… |
| 18-36 |
Gregory Brice v. United States |
District of Columbia |
2018-07-06 |
Denied |
|
alternate-suspect brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence motive motive-evidence new-trial post-trial-confession suppressed-evidence |
Whether the government violated its obligations under Brady v. Maryland by suppressing evidence showing that the leading alternate suspect had a power… |
| 18-5094 |
Jerry Wayne Sherry v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-06 |
Denied |
Relisted (2)IFP |
criminal-procedure direct-appeal due-process fourth-amendment ineffective-assistance motion-to-suppress preservation-of-error retroactive-precedent retroactivity |
Whether defense counsel has a duty to object to inadmissible evidence, and, or file a motion to suppress evidence under the Fourth Amendment to preser… |
| 18-5112 |
Benjamin Fredrick Charles Robinson v. United States |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
base-offense-level criminal-procedure criminal-sentencing dismissed-count due-process mandatory-minimum restitution sentencing-guidelines statutory-minimum upward-departure |
Whether a four-level upward departure for conduct underlying a dismissed count is reasonable when the conduct was already accounted for in the base of… |
| 18-5129 |
Rodolfo Trejo v. United States |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing double-counting due-process eighth-amendment equal-protection immigration sentencing sentencing-disparity sentencing-guidelines statutory-interpretation substantive-reasonableness |
Whether Petitioner's Sentence Constitutes Impermissible Double Counting |
| 18-5139 |
Donald Keith Runnels v. Presley Bordelon, Warden |
Fifth Circuit |
2018-07-06 |
Denied |
Relisted (2)IFP |
appeals civil-rights criminal-procedure double-jeopardy due-process ex-post-facto habeas-corpus new-trial sentencing |
Whether the district court erred in denying petitioner's motion for a new trial and vacating his sentence, and whether the court violated the Double J… |
| 18-5152 |
Rodney Howard v. United States |
Third Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
batson-challenge batson-v-kentucky criminal-procedure equal-protection jury-selection peremptory-challenges peremptory-strikes prima-facie prima-facie-case prosecutorial-misconduct racial-discrimination |
Does a black defendant make a prima facie showing of discriminatory use of peremptory strikes under Batson's first step when he demonstrates that the … |
| 18-5161 |
Marvin Waddleton, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-06 |
Denied |
Relisted (2)IFP |
aedpa burden-of-proof constitutional-review criminal-procedure due-process jackson-standard plain-error pro-se right-to-counsel state-court-review statutory-interpretation sufficiency-of-evidence |
Whether the state court's application of the Jackson standard of review in evaluating the sufficiency of the evidence violated clearly established fed… |
| 18-5162 |
Ellord Wells v. Mary Potter, Warden |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
due-process guilty-plea mandatory-sentence sixth-amendment trial-court appeal constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mandatory-sentence sentencing sixth-amendment |
Whether appellate counsel rendered ineffective assistance by not arguing that the trial court failed to inform the appellant of the mandatory nature o… |
| 18-5163 |
Kai Uwe Thier v. Florida |
Florida |
2018-07-06 |
Denied |
Response WaivedRelisted (2)IFP |
consular-relations consular-rights criminal-procedure due-process habeas-corpus incriminating-statement international-treaties international-treaty law-enforcement miranda-rights vienna-convention vienna-convention-on-consular-relations |
Whether petitioner is entitled to discharge or a new trial based on a violation of international treaties as codified in the Vienna Convention on Cons… |
| 18-5167 |
Levar Brown v. California |
California |
2018-07-06 |
Denied |
IFP |
2nd-amendment civil-rights criminal-justice-system criminal-procedure due-process felon-in-possession firearm-regulations second-amendment self-defense statutory-interpretation |
Whether the petitioner's conviction for possession of a firearm by a felon under 18 U.S.C. 922(g) violates the Second Amendment and due process rights |
| 18-29 |
Shailendra Bhawnani, et al. v. United States District Court for the Eastern District of New York, et al. |
Second Circuit |
2018-07-05 |
Denied |
|
criminal-procedure criminal-restitution fraud judicial-discretion legal-scope mandatory-victims-restitution-act restitution statutory-interpretation victim-compensation victim-definition |
Whether the definition of 'victim' under the Mandatory Victims Restitution Act, 18 U.S.C. 3663A(a)(2), includes all victims directly and proximately h… |
| 18-35 |
Pennsylvania v. Roderick Andre Johnson |
Pennsylvania |
2018-07-05 |
Denied |
|
brady-analysis Brady-materiality confessions constitutional-procedure corroborating-evidence criminal-confession criminal-procedure due-process materiality prosecutorial-disclosure witness-impeachment |
Whether the prosecution's nondisclosure of arguably impeaching information relating to a witness who linked the defendant with two murders can be mate… |
| 18-5114 |
Nigel L. Faison v. United States |
Fourth Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process jurisdiction plea-bargaining sentencing sentencing-guidelines standing statutory-interpretation takings |
Whether the district court erred in accepting the petitioner's guilty plea without a sufficient factual basis, in violation of due process |
| 18-5117 |
Glendrict Frazier v. United States |
Fourth Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
anders-motion anders-v-california appellate-procedure civil-rights constitutional-rule criminal-procedure direct-appeal direct-review due-process habeas-corpus ineffective-assistance retroactivity |
Did the Appeals Court Follow the Ruling in Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708 (1987) (holding that on direct review a new constitu… |
| 18-5123 |
Eric Glenn Parker v. United States |
Fifth Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
aiding-abetting aiding-and-abetting conspiracy criminal-conviction criminal-procedure district-court jurisdiction murder murder-charge rico rico-conspiracy sixth-amendment venue venue-proof |
Was venue proven to convict Eric Glenn Parker of conspiracy to commit RICO and aiding and abetting murder in the Northern District of Mississippi? |
| 18-5127 |
Martinez Orlando Black v. North Carolina |
North Carolina |
2018-07-05 |
Denied |
IFP |
criminal-procedure due-process felony-classification habitual-offender ineffective-assistance-of-counsel juvenile-delinquency prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment |
Did the failure of defense counsel to object to the increase in Petitioner's sentence into the 'aggravated range' at Felony Class C, by use of a prior… |
| 18-5141 |
Taylor Don Frederiksen v. Texas |
Texas |
2018-07-05 |
Denied |
IFP |
appeal appellate-procedure collateral-consequences court-standards criminal-procedure due-process ineffective-assistance judicial-review legal-argument prejudice procedural-rules right-to-appeal right-to-counsel state-court-procedures state-court-rules |
Whether Mr. Frederiksen should continue to suffer prejudice and collateral legal consequences from his uncounseled conviction when the lower state cou… |
| 18-5142 |
Robert Jay Heximer v. Michigan |
Michigan |
2018-07-05 |
Denied |
IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure criminal-procedure-4th-amendment-exclusionary-rule due-process exclusionary-rule fourth-amendment illegal-detention jurisdiction probable-cause standing subject-matter-jurisdiction |
Whether the evidence acquired during Mr. Heximer's illegal detention is inadmissible under clearly-established law |
| 18-5143 |
Robert Graham v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset, et al. |
Third Circuit |
2018-07-05 |
Denied |
IFP |
admissibility batson-vs-kentucky criminal-procedure due-process fingerprinting fingerprinting-expert identification identification-testimony preliminary-hearing reliability trial-evidence witness-credibility |
Is an in-court identification of the defendant as the robber admissible at trial in the absence of a due process hearing to first determine the reliab… |
| 18-5144 |
Julio Gutierrez-Jaramillo v. Warden, FCI Gilmer |
Fourth Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
18-usc-3585 bureau-of-prisons bureau-of-prisons-program-statement criminal-procedure due-process extradition federal-bureau-of-prisons foreign-detention judicial-discretion sentencing sentencing-credit sentencing-guidelines time-credit time-served united-states-v-wilson |
Whether prior credit for time held in foreign detention can only be given by the Federal Bureau of Prisons and not by the district court at sentencing |
| 18-20 |
Arkadiy Bangiyev v. United States |
Fourth Circuit |
2018-07-03 |
Denied |
Response Waived |
28-usc-2255 certificate-of-appealability counsel-stipulation criminal-procedure evidentiary-hearing ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing-enhancement sentencing-guidelines sixth-amendment writ-of-certiorari |
Did the court of appeals err in denying petitioner's motion for a certificate of appealability to review the denial of an evidentiary hearing on petit… |
| 18-5075 |
Felix A. Okafor v. United States |
Fourth Circuit |
2018-07-03 |
Denied |
Response WaivedRelisted (2)IFP |
beyond-reasonable-doubt-standard Blockburger-test blockburger-v-united-states Brady-v-Maryland concurrent-sentence criminal-procedure double-jeopardy due-process exculpatory-evidence glover-v-united-states in-re-winship kyles-v-whitley ray-v-united-states sentencing sentencing-determination sixth-amendment |
May a conviction that is admittedly a violation of the concurrent-sentence-doctrine be allowed to stand in light of Ray-v-United-States |
| 18-5079 |
Michelle Lyn Michaud v. California |
California |
2018-07-03 |
Denied |
IFP |
aiding-and-abetting burden-of-proof constitutional-error criminal-liability criminal-procedure due-process factfinding-function fifth-amendment jury-instructions jury-trial jury-trial-guarantees reasonable-doubt sixth-amendment |
Whether the trial court's incorrect instruction on aiding and abetting liability violated the constitutional jury trial guarantees of the Fifth, Sixth… |
| 18-5081 |
Alvin Leroy Morton v. Florida |
Florida |
2018-07-03 |
Denied |
IFP |
binding-precedent capital-sentencing criminal-procedure death-penalty death-penalty-sentencing federal-constitutional-rights judicial-discretion jury-instructions jury-responsibility jury-role sentencing-procedure structural-error unanimous-verdict |
Whether structural error occurs when the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty |
| 18-5102 |
Scooter L. Robinson v. Frank Shaw, Warden, et al. |
Fifth Circuit |
2018-07-03 |
Denied |
IFP |
4th-amendment civil-procedure civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel search-and-seizure standing |
Whether the petitioner's constitutional rights were violated by the state court's denial of his motion to suppress evidence obtained in violation of t… |
| 18-5109 |
Reggie Rankins v. Illinois |
Illinois |
2018-07-03 |
Denied |
IFP |
criminal-procedure due-process evidence jurisdiction jury-trial sentencing sexual-assault statutory-interpretation |
Did the State of Illinois properly disrnim a conviction based upon the evidence of J.P. testimony, and in accordance with statute 720 ILCS 5/11-1.30(A… |
| 18-5110 |
Abron Spraggins v. Rusty Washburn, Warden |
Sixth Circuit |
2018-07-03 |
Denied |
Response WaivedIFP |
appellate-review cause-and-prejudice civil-rights constitutional-claims criminal-procedure due-process federal-claim federal-jurisdiction habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prior-decisions procedural-default state-appellate-court |
Is the decision of the court of appeals regarding the procedural default of petitioner's ineffective assistance of counsel claims in conflict with or … |
| 18-16 |
Larone Frederick Elijah v. United States |
Fourth Circuit |
2018-07-02 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review criminal-procedure criminal-procedure-sentencing-guidelines-harmless- district-court federal-sentencing harmless-error procedural-reasonableness sentencing-guidelines substantive-reasonableness variance-sentence |
When a criminal defendant argues that a district court made an error in calculating his United States Sentencing Guidelines range resulting in a sente… |
| 18-5007 |
David Lemoe Tua v. California |
California |
2018-07-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial gang-enhancement insufficient-evidence prosecutorial-misconduct severance sufficiency-of-evidence trial-severance |
Whether the state court's refusal to sever petitioner's trial from that of his codefendant and refusal to sever the gang enhancement allegations viola… |
| 18-5044 |
Laurenano Angulo Riascos v. United States |
Eleventh Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
appeal appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance section-2255 sixth-amendment |
Whether the Court of Appeals for the Eleventh Circuit erred in denying petitioner's request for a certificate of appealability to review the district … |
| 18-5064 |
In Re Kenneth Gaylord Stokes |
|
2018-07-02 |
Denied |
Response WaivedIFP |
actual-innocence civil-procedure criminal-procedure double-jeopardy due-process ex-post-facto habeas-corpus jurisdiction lower-court-decisions standing takings |
Is petitioner entitled to immediate relief, including mandamus, from this court for a claim of actual innocence with regard to double ex post facto vi… |
| 18-5072 |
Jill M. Evans v. United States |
Tenth Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility burden-on-court-system criminal-procedure due-process efficient-punishment federal-sentencing federal-sentencing-guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines unrelated-offenses |
Should a defendant receive credit under the acceptance of responsibility guideline for entering a guilty plea, even if alleged to have committed unrel… |
| 18-5073 |
Victor Armando Cruz-Colocho v. United States |
Fifth Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi apprendi-rule criminal-procedure due-process prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment |
Should the Court consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Apprendi v.… |
| 18-5083 |
Rahman Fulton v. United States |
Third Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
18-usc-924 18-usc-924c bank-robbery crime-of-violence criminal-procedure due-process extortion force-clause mathis-v-united-states mens-rea residual-clause statutory-interpretation |
Whether the federal bank robbery statute requires a knowing or intentional mens rea, and whether the 'force' clause of 18 U.S.C. 924(c)(3)(A) applies … |
| 18-5085 |
Teon Jamell Williams v. North Carolina |
North Carolina |
2018-07-02 |
Denied |
Response WaivedIFP |
4th-amendment cell-phone-privacy collateral-estoppel constitutional-rights criminal-procedure direct-appeal double-jeopardy effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel search-and-seizure sixth-amendment state-law warrantless-search |
Whether the petitioner's right to effective assistance of counsel in his first direct appeal of right was violated when counsel refused to brief his F… |
| 18-5086 |
Brian Keith Uzzle v. Lesley Fleming, Warden |
Fourth Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
criminal-procedure custody custody-status double-jeopardy due-process nolle-prosequi nolle-prosequy prosecutorial-discretion prosecutorial-misconduct re-indictment reindictment speedy-trial |
Whether a state court may indefinitely postpone prosecution over the accused's objection by nolle-prosequi and re-indictment of the same charges, know… |
| 18-5089 |
Kevin Khaaliq Beamon v. United States |
Fourth Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
18-usc-3553(a) criminal-history criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-upon-revocation sentencing-variance substance-addiction supervised-release upward-variance |
Whether a district court may impose a significant upward variance at sentencing upon revocation of supervised release on an individual who had never b… |
| 18-5039 |
Guy Kevin Rowland v. Kevin Chappell, Warden |
Ninth Circuit |
2018-06-29 |
Denied |
IFP |
aedpa criminal-procedure due-process federal-court federal-procedure good-faith habeas-corpus habeas-corpus-petition local-rules state-court statute-of-limitations |
Does the AEDPA apply where Petitioner's attorneys relied in good faith on the federal district court's local rules |
| 18-5046 |
Giezi Magno Zamora v. United States |
Eleventh Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
appeals criminal-procedure drug-trafficking due-process eleventh-circuit evidence habeas-corpus international-law judicial-review maritime-law sentencing sentencing-reasonableness writ-of-certiorari |
Whether the Eleventh Circuit Court of Appeals erroneously denied a motion where the petitioner showed new evidence to warrant an immediate release due… |
| 18-5048 |
John W. Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility |
Seventh Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
aggravated-battery attempted-murder criminal-procedure due-process ineffective-assistance jury-instructions lesser-included-offense lesser-included-offenses sixth-amendment strickland-v-washington |
Whether Taylor was denied his right to effective assistance of trial counsel guaranteed by the 6th Amendment |
| 18-5053 |
Andres A. Lopez-Martinez v. United States |
Eleventh Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
compulsory-process confrontation-clause constitutional-right criminal-procedure defense-presentation due-process harmless-error judicial-review police-misconduct prosecutorial-misconduct right-to-present-defense structural-error |
Whether the denial of a defendant's constitutional right to present a defense should be considered structural error that is not subject to harmless er… |
| 18-8 |
Samuel Cohen v. United States |
Ninth Circuit |
2018-06-29 |
Denied |
Response Waived |
civil-procedure criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing sixth-amendment standing |
Whether the Ninth Circuit erred in affirming the district court's denial of Samuel Cohen's motion to vacate his sentence under 28 U.S.C. § 2255 based … |
| 18-5001 |
John Theodore Hancock v. United States |
Sixth Circuit |
2018-06-28 |
Denied |
Response WaivedIFP |
burrage-standard but-for-causation causation criminal-law criminal-procedure death-penalty death-resulting due-process jury-instruction jury-instructions sentencing statutory-interpretation |
Whether a jury instruction that submits the question of whether a death was the result of the accused's offense by simply tracking the statutory langu… |
| 18-5003 |
Rolando Mulet v. United States |
Eleventh Circuit |
2018-06-28 |
Denied |
IFP |
5th-amendment circuit-split constitutional-protection criminal-procedure fifth-amendment law-enforcement-questioning miranda miranda-rights pre-arrest pre-arrest-silence pre-miranda self-incrimination |
Whether the Fifth Amendment's Self-Incrimination Clause protects a defendant's pre-arrest, pre-Miranda silence from being used as evidence at trial |
| 18-5021 |
Paul Alfred Brown v. Florida |
Florida |
2018-06-28 |
Denied |
IFP |
constitutional-rights criminal-procedure death-penalty due-process eighth-amendment equal-protection fourteenth-amendment hurst-retroactivity hurst-v-florida retroactivity ring-v-arizona supremacy-clause supreme-court-review |
Does the Florida Supreme Court's partial retroactivity formula for Hurst v. Florida violations violate the Eighth and Fourteenth Amendments? |
| 18-5022 |
Marcus Kalani Watson, aka Kiki Seui, and Rogussia Eddie Allen Danielson v. United States |
Ninth Circuit |
2018-06-28 |
Denied |
Response WaivedIFP |
armed-career-criminal-act bank-robbery criminal-procedure federal-bank-robbery force-clause sentencing-enhancement slight-force statutory-interpretation stokeling-v-united-states united-states |
Whether federal bank robbery that requires only slight force is covered by the force clause of 18 U.S.C. §924(c)(3)(A) |
| 18-5027 |
Mark O. Wright v. Virginia |
Virginia |
2018-06-28 |
Denied |
Response WaivedIFP |
appeal criminal-defendant criminal-procedure double-jeopardy due-process judgment-enforcement legal-procedure lesser-included-offense sentencing sixth-amendment state-supreme-court void-ab-initio void-judgment |
Can a state Supreme Court enforce a judgment against a criminal defendant for an offense that was never charged and which was not a lesser included of… |
| 18-5028 |
Carolyn J. Edlind v. United States |
Fourth Circuit |
2018-06-28 |
Denied |
Response WaivedIFP |
18-usc-1512 corrupt-persuasion criminal-intent criminal-law criminal-procedure due-administration-of-justice due-process obstruction-of-justice official-proceeding statutory-interpretation subversion-of-justice sufficiency-of-evidence testimony witness-tampering |
Did the court below err in ruling that there was sufficient evidence to convict the Appellant of using corrupt persuasion toward a witness with the in… |
| 18-5030 |
Shawn Williams v. Jeff Norman, Warden |
Eighth Circuit |
2018-06-28 |
Dismissed |
IFP |
congress constitutional-rule due-process evidence habeas-corpus reasonable-doubt supervisory-authority |
Whether Boukin v. Alabama, 395 U.S. 238 (1969), is a Constitutional Rule of Court, mandated on the District Court or merely the exercise of its superv… |
| 18-5031 |
Jabbar Wallace v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2018-06-28 |
Denied |
Response WaivedIFP |
6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel ineffective-counsel murder-conviction self-defense self-defense-right sixth-amendment |
Whether the petitioner's conviction for third-degree murder should be overturned due to self-defense, violation of the Confrontation Clause, and ineff… |
| 24A239 |
Gavin Blake Davis v. United States |
Fifth Circuit |
|
Presumed Complete |
|
bail-pending-appeal constitutional-rights criminal-procedure due-process fifth-circuit pro-se-petition |
Whether the Fifth Circuit erred in denying the petitioner's request for bail pending appeal and potentially violating his constitutional due process r… |