defense-counsel

38 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
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 …
25-5014 Phillip R. Durachinsky v. United States Sixth Circuit 2025-07-02 Denied Response WaivedIFP competency-hearing critical-stages defense-counsel due-process effective-advocacy sixth-amendment Where defense counsel reasonably believes that their client may be incompetent, but the defendant disagrees, does the Sixth Amendment require a distri…
24-6437 Armando Molina v. United States Ninth Circuit 2025-01-31 Denied Response WaivedIFP criminal-defense defendant-rights defense-counsel entrapment sixth-amendment trial-strategy Whether the Sixth Amendment right to determine the objectives of one's own defense is violated when defense counsel, against the defendant's wishes, s…
24-687 Matthew P. Leipart v. United States Armed Forces 2024-12-27 Denied Response Waived constitutional-rights defense-counsel due-process military-justice prosecutorial-misconduct self-incrimination Whether defense counsel's unconsented guilt concession and the prosecutor's use of a prior guilty plea in closing arguments violated the accused's con…
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…
23-925 Michael Shane McCormick, Sr. v. United States Sixth Circuit 2024-02-27 Denied circuit-split consultation-duty criminal-appeal criminal-conviction defendant-consultation defense-counsel flores-ortega lower-court-confusion reasonable-effort sixth-amendment Whether, to adequately 'consult' regarding an appeal when the defendant says he will decide after sentencing or is obviously dissatisfied with his sen…
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?
23-5573 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?
23-5359 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?
22-7135 Victoria Michelle Drain v. Ohio Ohio 2023-03-29 Denied IFP 8th-amendment capital-punishment capital-sentencing defense-counsel eddings-v-oklahoma eighth-amendment mitigating-evidence ohio-supreme-court sentencing-review strategic-choice Whether defense counsel has discretion to present mitigating evidence in a capital case
22-7032 Scott Lynn Fishbein v. United States Fifth Circuit 2023-03-17 Denied Response WaivedIFP 28-usc-2255 actual-innocence certificate-of-appealability defense-counsel due-process false-information guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel Should a certificate of appealability have been issued for review of an appeal of the denial of a 28 U.S.C. §2255 petition based on ineffective assist…
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?
22-5360 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…
22-5243 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'…
21-1611 Robert Koger v. United States Fourth Circuit 2022-06-29 Denied Response Waived conflict-of-interest criminal-defense criminal-investigation defense-counsel disclosure due-process reversal sixth-amendment witness witness-testimony Whether a criminal defendant establishes an actual unwaiveable conflict of interest that adversely affects counsel's representation
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 …
21-1042 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 …
21-6164 Julia Lagunas-Hernandez v. United States Eighth Circuit 2021-11-04 Denied Response WaivedIFP burden-of-proof cell-phone-search constitutional-rights defense-counsel fair-trial jury marital-communication marital-communications prosecutorial-misconduct trial-strategy Whether the United States committed prosecutorial misconduct, depriving Petitioner of a fair trial
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…
20-7293 Willie Safford v. Florida Florida 2021-03-02 Denied IFP civil-rights constitutional-violation defense-counsel due-process ineffective-assistance jury-instructions lesser-included-offense mitigating-evidence post-conviction-relief right-to-counsel sentencing-phase standard-of-review Whether the defendant has a right to a jury instruction on a lesser-included offense when requested by defense counsel at the end of the defendant's t…
20-6655 Alonso Sanchez Ochoa v. United States Fifth Circuit 2020-12-21 Denied Response WaivedIFP consecutive-sentence criminal-sentencing defense-counsel district-court pre-sentence-report probation-officer relevant-conduct sentencing Is it reasonable for a District Court to order a consecutive sentence despite an agreement among Probation Officer, Pre-Sentence Report Addendum, and …
20-5918 Leonard F. Locke, Jr. v. United States Eighth Circuit 2020-10-06 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights defense-counsel due-process fourth-amendment ineffective-assistance-of-counsel police-misconduct probable-cause search-and-seizure traffic-stop warrantless-search Question not identified
20-5760 Daniel Carl Frederickson v. California California 2020-09-21 Denied IFP capital-case constitutional-rights defense-counsel faretta-v-california guilty-plea mccoy-v-louisiana plea-of-guilty self-representation sixth-amendment Does a state statute that requires the consent of defense counsel before a defendant in a capital case can enter a plea of guilty violate the Sixth Am…
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 …
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…
19-7964 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…
19-1045 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…
19-7352 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…
19-7098 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
19-5592 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?
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…
18-8626 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?
18-8482 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…
18-8420 Kevin Anthony Briggs v. Montana Montana 2019-03-13 Denied Response WaivedIFP constitutional-rights defendant-responsibility defense-counsel presumption presumption-of-delay rescheduling-trial sixth-amendment sixth-amendment-claim speedy-trial trial-delay withdrawal-of-counsel Whether a delay caused by permissive withdrawal of defense counsel, and the subsequent delay in rescheduling trial, is presumed to be caused by a defe…
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…
18-7707 Antonio Anguiano v. United States Ninth Circuit 2019-01-31 Denied Response WaivedIFP criminal-justice-act defense-counsel defense-function due-process independent-counsel judicial-control sixth-amendment structural-error Whether, in upholding structural error flowing from judicial control over the defense function under the Criminal Justice Act, 18 U.S.C. § 3006A, the …
18-7657 Devi Smith v. Patrick Warren, Warden Sixth Circuit 2019-01-31 Denied Response WaivedIFP appellate-counsel appellate-procedure criminal-trial defense-counsel defense-witnesses direct-review effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment trial Was the petitioner deprived of his Sixth Amendment right to the effective assistance of counsel at trial?
18-5395 Wayne Clyde Mezzles v. John N. Katavich, Warden Ninth Circuit 2018-07-30 Denied IFP criminal-procedure-forfeiture defense-counsel due-process federal-claims forfeiture-bar jury-admonitions jury-instructions prosecutorial-misconduct sentencing sentencing-proportionality state-procedural-bar trial-court Does the state's application of a forfeiture bar for failure to request additional admonitions discriminate against federal claims?