criminal-punishment

20 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6386 Gavin Michael Harold v. United States Eleventh Circuit 2025-12-16 Pending Response RequestedResponse WaivedIFP child-pornography criminal-punishment jury-trial mandatory-minimum restitution sixth-amendment In 2018, Congress enacted the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, which established a mandatory minimum restitution amount o…
25A642 Mark Hartman v. Dave Yost, Attorney General of Ohio Sixth Circuit 2025-12-02 Application constitutional-challenge criminal-punishment ex-post-facto lifetime-reporting sex-offender-registration sixth-circuit Whether a state's lifetime sex offender registration requirement constitutes an unconstitutional ex post facto punishment or a permissible regulatory …
25-6010 Karl Patrick Kluge v. United States Eleventh Circuit 2025-10-31 Pending Response RequestedResponse WaivedIFP child-exploitation criminal-punishment jury-finding mandatory-minimum restitution sixth-amendment In 2018, Congress enacted the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, which established a mandatory minimum restitution amount o…
24-1252 Real Property commonly known as: 11475 NW Pike Road, Yamhill, Oregon, Yamhill County and any residence, buildings, or storage facilities thereon, et al. v. Yamhill County, Oregon and forfeiting agency, on behalf of the YCINT seizing agency Oregon 2025-06-06 Denied civil-forfeiture constitutional-interpretation criminal-punishment double-jeopardy in-rem-proceeding property-rights Whether civil forfeiture of property constitutes criminal punishment under the Double Jeopardy Clause and whether United States v. Ursery remains cons…
24-5420 Jerry E. Russell, Sr. v. Indiana Indiana 2024-08-29 Denied Response WaivedIFP atkins-v-virginia criminal-punishment eighth-amendment intellectual-disability life-without-parole sentencing Should the Eighth Amendment prohibition, against sentencing intellectually disabled individuals to death, announced in Atkins v. Virginia, 536 U.S. 30…
24-5366 Marquise Thomas v. United States Eleventh Circuit 2024-08-22 Denied IFP child-exploitation criminal-punishment jury-determination mandatory-minimum restitution-order sixth-amendment Does the Sixth Amendment require a jury to find the facts needed to justify a restitution order meeting or exceeding the $3,000 mandatory minimum for …
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…
22-6869 Daniel Earl Genson, III v. Kansas Kansas 2023-02-27 Denied Response WaivedIFP constitutional-principles criminal-law criminal-punishment due-process fourteenth-amendment fundamental-rights mens-rea strict-liability Whether the absence of mens rea from a felony offense that criminalizes passive, otherwise innocent conduct without proof of notice while subjecting i…
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
22-5073 Leroy McGill v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-07-12 Denied IFP arizona constitutional-law criminal-punishment criminal-sentencing death-penalty ex-post-facto ninth-circuit retroactive-increase retroactive-law Did the Ninth Circuit err in holding that Arizona did not violate the Ex Post Facto Clause by sentencing Mr. McGill to death under the later-enacted s…
21-1126 Taylor Arnett, et al. v. Kansas Kansas 2022-02-15 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) apprendi-v-new-jersey criminal-punishment criminal-restitution due-process jury-determination jury-trial reasonable-doubt sentencing-facts sixth-amendment Whether the Sixth Amendment right to have a jury determine beyond a reasonable doubt every fact necessary to support criminal punishment applies not o…
21-5846 Luke W. Cain v. California California 2021-10-01 Denied IFP constitutional-permissibility criminal-punishment double-jeopardy due-process judicial-discretion legislative-intent multiple-offenses multiple-punishments penal-code sentencing What punishments are constitutionally permissible?
20-7301 Bernandino Gawala Bolatete v. United States Eleventh Circuit 2021-03-02 Denied Response WaivedIFP 2nd-amendment article-i congress-power-to-tax congressional-power criminal-law criminal-punishment firearms-regulation national-firearms-act suppressor-registration taxation-clause tenth-amendment Whether federal criminal punishment of the receipt and possession of unregistered suppressors under 26 U.S.C. §§ 5861(d) and 5871 exceeds Congress's p…
20-6997 Joe D. Bryan v. Texas Texas 2021-01-29 Denied IFP actual-innocence constitutional-rights criminal-punishment due-process habeas-corpus judicial-review standard-of-review substantive-due-process Does the criminal punishment of an innocent person violate the Substantive Due Process Clause of the Constitution?
20-5122 Maximo Flores-Lezama v. United States Ninth Circuit 2020-07-21 Denied Response WaivedIFP 18-usc-3583(e) criminal-conduct criminal-punishment due-process precedents punishment revocation sentencing statutory-interpretation supervised-release Whether a supervised release revocation sentence may be imposed to punish a defendant for his underlying criminal conduct, or whether a punitive revoc…
20-5059 Christopher Goodin v. United States Sixth Circuit 2020-07-14 Denied Response WaivedIFP child-protection constitutional-rights criminal-penalty criminal-punishment jury jury-trial mandatory-restitution mandatory-statute restitution sexual-exploitation sixth-amendment Does the Constitution's guarantee of trial by jury extend to awards of restitution under the Mandatory Restitution For Sexual Exploitation of Children…
19-962 Travis Ray Norwood v. West Virginia West Virginia 2020-01-31 Denied Response Waived constitutional-review criminal-justice criminal-punishment drug-policy due-process equal-protection opioid-crisis opioid-sentencing recidivist-statute sentencing Whether defendants charged with crimes involving Schedule I opioids can be constitutionally treated differently for punitive purposes from defendants …
18A1264 City of Boise v. Robert Martin, et al. Ninth Circuit 2019-06-04 Presumed Complete criminal-punishment cruel-and-unusual eighth-amendment homelessness public-spaces shelter-availability Whether the Eighth Amendment prohibits a city from enforcing public camping and sleeping ordinances against homeless individuals when the number of ho…
18-7467 Phillip E. LaPointe v. Illinois Illinois 2019-01-17 Denied Response WaivedIFP 8th-amendment atkins-precedent atkins-v-virginia brain-development criminal-punishment cruel-and-unusual-punishment eighth-amendment juvenile-justice juvenile-sentencing life-without-parole sentencing Does this Court's 8th Amendment protections extend to a just turned eighteen year old who received life without parole, where the evidence shows he wa…
18-5434 Troy Victorino v. Florida Florida 2018-08-02 Denied IFP 14th-amendment 5th-amendment capital-punishment criminal-punishment death-penalty double-jeopardy due-process ex-post-facto fifth-amendment florida-supreme-court fourteenth-amendment jury-sentencing resentencing statutory-interpretation Does the automatic-resentencing-to-life provision of Florida Statutes Section 775.082(2) violate due-process, double-jeopardy, ex-post-facto