| 25-6769 |
In Re David J. Gottorff |
|
2026-02-10 |
Pending |
IFP |
collateral-estoppel constitutional-rights double-jeopardy due-process first-amendment sixth-amendment |
Question 1. Whether the arrest and prosecution of the Petitioner in Ouray District Court case 2022 CR 8 was in criminal violation of 18 U.S.C. 1512(d)… |
| 25A871 |
Malik Allah-U-Akbar v. David Schroeder, Judge |
Ohio |
2026-02-03 |
Application |
|
double-jeopardy due-process habeas-corpus judicial-factfinding sixth-amendment suspension-clause |
Question not identified. |
| 25-6666 |
Daniel Carlos Garcia v. Chad Bianco, Sheriff, Riverside County, California |
Ninth Circuit |
2026-01-29 |
Pending |
IFP |
collateral-estoppel constitutional-claim double-jeopardy habeas-petition penal-code younger-abstention |
1. Whether the District Court erred in dismissing Petitioner's habeas petition on Younger abstention grounds without addressing the threshold question… |
| 25-6568 |
James Dorelus v. United States |
Eleventh Circuit |
2026-01-13 |
Pending |
Response WaivedIFP |
constitutional-rights double-jeopardy drug-trafficking firearm-offense safety-valve sentencing-reduction |
Where a defendant pleads guilty to the crime of carrying a firearm during and in relation to a drug trafficking crime in violation of 18 USC § 924(c)(… |
| 25-6477 |
Warren Harold Brown v. United States |
Fourth Circuit |
2026-01-05 |
Pending |
Response WaivedIFP |
constitutional-law criminal-conspiracy double-jeopardy hobbs-act judicial-precedent sentencing |
Whether Callanan v. United States, 364 U.S. 587 (1961), should be overruled or limited as violative of the Double Jeopardy Clause where petitioner was… |
| 25-6444 |
Rashid Muhammad Abdullah v. City of Plant City, Florida, et al. |
Florida |
2025-12-30 |
Pending |
IFP |
collateral-estoppel double-jeopardy due-process fourteenth-amendment fourth-amendment warrantless-seizure |
The doctrine of collateral estoppel or the Double Jeopardy Clause precludes a municipality from re-litigating factual determinations resolved in the p… |
| 25-6379 |
Kevin Ogden v. George Stephenson, Warden, et al. |
New Mexico |
2025-12-16 |
Pending |
IFP |
constitutional-rights corrections-department disciplinary-procedures double-jeopardy legal-process witness-treatment |
Does the State of N.M. practice illegal Law violating the N.M. Corrections Department and its facilities?
Does the State of N.M. commit fraud by fili… |
| 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. |
| 25-695 |
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… |
| 25-5956 |
In Re Santos Cuevas |
|
2025-10-24 |
Dismissed |
IFP |
constitutional-remedy double-jeopardy judicial-estoppel post-conviction sentencing-enhancement sixth-amendment |
1. May the Sixth Amendment in retroactive by the state allow remedy to initial and
successive post-conviction proceedings, if so, may the right to ef… |
| 25-5921 |
Frederick L. Brewer v. United States |
Seventh Circuit |
2025-10-21 |
Denied |
Response WaivedIFP |
acquittal criminal-sentencing double-jeopardy fifth-amendment judicial-discretion 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 … |
| 25A445 |
Thomas Steven Sanders v. United States |
Fifth Circuit |
2025-10-17 |
Application |
|
criminal-conviction death-penalty double-jeopardy executive-clemency federal-prosecution fifth-amendment |
Whether the Double Jeopardy Clause of the Fifth Amendment precludes a defendant from being convicted of two separate offenses arising from the same cr… |
| 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… |
| 25-407 |
Scott Breimeister v. United States |
Fifth Circuit |
2025-10-06 |
Pending |
Amici (1)Response RequestedResponse Waived |
double-jeopardy government-misconduct implied-consent mistrial prosecutorial-misconduct strict-scrutiny |
I. What constitutes implied consent to a mistrial when determining if a defendant has forfeited a Double Jeopardy claim?
II. Does strict scrutiny app… |
| 25-5786 |
Vamsidhar Vurimindi v. Pennsylvania |
Pennsylvania |
2025-10-02 |
Dismissed |
Response WaivedIFP |
coram-nobis criminal-intent double-jeopardy due-process fifth-amendment judicial-review |
I. Whether a state violates the Due Process Clause by abolishing the writ of error
coram nobis and then rigidly applying a post-conviction custody re… |
| 25A341 |
Maxwell A. Matthew v. United States |
Armed Forces |
2025-09-24 |
Presumed Complete |
|
appellate-review courts-martial double-jeopardy fifth-amendment military-justice trial-record |
Whether the Double Jeopardy Clause of the Fifth Amendment prohibits a military court from retrying a service member for the same offenses after a defe… |
| 25-5659 |
Ohio, ex rel. Ricardo Dodson v. Shelbie Smith, Warden |
Ohio |
2025-09-16 |
Denied |
IFP |
double-jeopardy due-process fourteenth-amendment jury-verdict sixth-amendment trial-procedure |
1. Can a trial court correct-Amend a jury's verdict that announced the wrong name upon reading the verdict, upon assenting to the verdict on polling, … |
| 25-5654 |
Thomas Bradley v. United States |
Sixth Circuit |
2025-09-16 |
Denied |
Response WaivedIFP |
armed-career-criminal-act double-jeopardy fifth-amendment sentencing-enhancement shepard-documents sixth-amendment |
Because harmless-error review of Erlinger error typically requires appellate judges to evaluate facts outside the record of conviction for the charged… |
| 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… |
| 25-206 |
Edwin L. Rojas v. Connecticut, et al. |
District of Columbia |
2025-08-20 |
Rehearing |
Response WaivedRelisted (2) |
anti-peonage-act civil-liability double-jeopardy due-process judicial-misconduct state-court-jurisdiction |
1. The primary question presented is whether a criminal court in
a state can renege on the dismissal of criminal cases when a
prior judge and/or the… |
| 25-5405 |
Lamont Coleman v. United States |
Seventh Circuit |
2025-08-19 |
Denied |
Amici (1)Response WaivedIFP |
criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal 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 … |
| 25-5401 |
Gregory Matthew Seay v. Oklahoma |
Oklahoma |
2025-08-19 |
Denied |
IFP |
collateral-estoppel constitutional-rights double-jeopardy equal-protection manifest-necessity mistrial |
(1) DOES THE OKLAHOMA COURT OF CRIMINAL APPEALS' DECISION IN THE INSTANT CASE CONTRADICT THE DECISION OF THE UNITED STATES COURT OF THE NORTHERN DISTR… |
| 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… |
| 25-181 |
Arthur Lopez v. California Department of Motor Vehicles, et al. |
California |
2025-08-14 |
Denied |
|
civil-rights double-jeopardy due-process equal-protection registration-fees unlawful-seizure |
Should the State of California Department of Motor Vehicles and the other defendants in this case be accountable for deprivation of Civil Rights (incl… |
| 25-5310 |
Maurice Bernard Moore v. Daniel L. Hebert, former District Judge, Saline County of Kansas, et al. |
Tenth Circuit |
2025-08-08 |
Denied |
IFP |
collateral-estoppel constitutional-rights double-jeopardy habeas-corpus rooker-feldman sovereign-immunity |
1. Why the U.S. Court of Appeals for the Tenth Circuit ruling conflicts with the Third Circuit on the Matter of Rooker-Feldman Provision not overrulin… |
| 25-5281 |
Tony Lamons Gooch, III v. Tennessee |
Tennessee |
2025-08-05 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-rights double-jeopardy due-process ineffective-assistance structural-error |
I. "When a State court judgment is shown that counsel of record was ineffective during all three
phases of litigation including pre-trial, trial phas… |
| 25-104 |
Joe Louis Adams, Jr. v. 3D Systems, Inc. |
Fourth Circuit |
2025-07-29 |
Denied |
|
arbitration-clause civil-rights double-jeopardy electronic-filing jurisdiction pro-se-litigant |
1. Plaintiff submits agreement to the court that
was used to set the Counter claim for the
defendant... The plaintiff notes in the order
from the j… |
| 25A114 |
Scott Breimeister v. United States |
Fifth Circuit |
2025-07-28 |
Presumed Complete |
|
double-jeopardy fifth-amendment governmental-misconduct mistrial prosecutorial-misconduct trial-procedure |
Whether the Double Jeopardy Clause bars a criminal retrial when a mistrial was sua sponte declared due to government misconduct over the defendant's o… |
| 25-76 |
Carolyn Jackson v. United States |
Third Circuit |
2025-07-22 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-sentencing double-jeopardy due-process post-release-punishment sentence-recall |
Carolyn Jackson fully completed her sentence of 40 months' incarceration plus supervised release. More than four and a half years after being released… |
| 25-84 |
Owolabi Salis v. Jorge Dopico, et al. |
Second Circuit |
2025-07-22 |
Denied |
Response Waived |
civil-rights constitutional-rights double-jeopardy due-process separation-of-powers state-immunity |
The Fifth Amendment to the US Constitution provides that no one shall be "deprived of life, liberty or property without due process of law." This is e… |
| 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… |
| 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… |
| 24-7498 |
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… |
| 24-7439 |
In Re Terron Dizzley |
|
2025-06-17 |
Denied |
Relisted (2)IFP |
burden-of-proof criminal-trial double-jeopardy fifth-amendment judicial-discretion trial-court-jurisdiction |
Did the trial court exceed its jurisdiction in violation of the Fifth Amendment's Double Jeopardy Clause by trying Mr. Dizzley a second time for the c… |
| 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,… |
| 24-7403 |
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… |
| 24-7385 |
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… |
| 24-7373 |
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… |
| 24-1252 |
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… |
| 24A1181 |
Mark William Sain v. United States |
Sixth Circuit |
2025-06-02 |
Presumed Complete |
|
armed-career-criminal-act double-jeopardy harmless-error jury-trial sixth-amendment structural-error |
Whether a district court's failure to charge and have a jury find the 'occasions different' fact under the Armed Career Criminal Act constitutes struc… |
| 24-7183 |
James Little v. United States |
District of Columbia |
2025-05-12 |
Denied |
Relisted (5)IFP |
appellate-review double-jeopardy executive-order january-6-offense presidential-pardon sentencing |
Should this Court grant the petition, vacate the judgment below, and remand the case for further consideration of the government's pending motion to d… |
| 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… |
| 24-1048 |
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… |
| 24-6899 |
In Re Samuel Rivera |
|
2025-03-31 |
Dismissed |
IFP |
constitutional-protection double-jeopardy federal-jurisdiction habeas-corpus supreme-law writ-of-mandamus |
Whether the district court and appellate court improperly dismissed the petitioner's habeas corpus writ under 28 U.S.C. §2241 by converting it to §225… |
| 24-6883 |
Kenneth Karlston Newsome v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2025-03-28 |
Denied |
IFP |
constitutional-law double-jeopardy due-process international-human-rights life-imprisonment presumption-of-innocence |
Whether a person's right to be presumed innocent is denied by conclusory assertions of guilt before trial, and whether life imprisonment violates due … |
| 24-6871 |
Diego J. Jimenez v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2025-03-27 |
Denied |
IFP |
constitutional-violation double-jeopardy due-process judicial-bias jury-instructions structural-error |
Whether a bias and partial Judge that was recused before trial created a Structural Error when presiding over a criminal defendant's case, whether fra… |
| 24-6852 |
Eric William Diaz v. Pennsylvania |
Pennsylvania |
2025-03-26 |
Denied |
IFP |
double-jeopardy legal-counsel plea-negotiation sentencing sexual-offense sixth-amendment |
Whether the Pennsylvania State Courts violated the Double Jeopardy Clause and Sixth Amendment Rights during sentencing and plea negotiations involving… |
| 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… |
| 24-902 |
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? |
| 24-6533 |
Jon Anthony Schweder v. Arizona |
Arizona |
2025-02-10 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-jurisdiction double-jeopardy post-conviction-relief sexual-offense statute-of-limitations |
Whether a criminal defendant can challenge the jurisdiction of a trial court on constitutional grounds after failing to raise such arguments in prior … |
| 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… |
| 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… |
| 24-6338 |
Hakeem-Ali Shomo v. Ohio, et al. |
Ohio |
2025-01-17 |
Denied |
Response WaivedIFP |
constitutional-protection double-jeopardy fifth-amendment judicial-misconduct mistrial prosecutorial-intent |
QP: Does the Double Jeopardy Clause bar retrial when judicial misconduct leads to a defense-requested mistrial, even without specific intent to provok… |
| 24-6318 |
Marcus Crowder v. Georgia |
Georgia |
2025-01-16 |
Denied |
Relisted (2)IFP |
acquittal constitutional-law criminal-prosecution double-jeopardy fifth-amendment malice-murder |
Whether the state of Georgia violates the Fifth Amendment's Double Jeopardy Clause when indicting in multiplicity offenses arising from a single act o… |
| 24-6288 |
Jose Estrada-Aguirre v. United States |
Fifth Circuit |
2025-01-13 |
Denied |
Response WaivedIFP |
circuit-split citizenship-status double-jeopardy identity-fraud passport-application perjury |
Whether the government improperly sought to relitigate ultimate facts previously determined by a jury in a prosecution involving identity and citizens… |
| 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… |
| 24-6237 |
Charles Edward Harris, Jr. v. Whitney Gass, et al. |
Arkansas |
2025-01-03 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-statute double-jeopardy fifth-amendment legislative-intent punishment-interpretation |
Whether Harris was twice put in jeopardy for one uninterrupted criminal episode under two separate statutes that punish the same conduct without a cle… |
| 24-6160 |
Benjamin Escobedo v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-18 |
Denied |
IFP |
appeal-review constitutional-rights double-jeopardy due-process fifth-circuit ineffective-assistance |
Did the Fifth Circuit err in denying Escobedo's constitutional rights and ineffective assistance of counsel claims? |
| 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… |
| 24-6104 |
Maurice Kerrick, Jr. v. United States |
District of Columbia |
2024-12-10 |
Denied |
Response WaivedIFP |
criminal-sentencing double-jeopardy due-process maximum-term sixth-amendment supervised-release |
Whether a defendant's due process rights are violated when he is never informed that he may be sentenced to an additional term of imprisonment for vio… |
| 24-6098 |
Timothy R. Brown v. Massachusetts |
Massachusetts |
2024-12-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-resentencing double-jeopardy due-process fourteenth-amendment reasonable-doubt |
Whether the Fourteenth Amendment's Due Process Clause requires retroactive application of a new rule of law in criminal resentencing, and whether cons… |
| 24-550 |
Tahawwur Hussain Rana v. W. Z. Jenkins, II |
Ninth Circuit |
2024-11-15 |
Denied |
|
circuit-split criminal-law double-jeopardy extradition-treaty international-law treaty-interpretation |
Whether the term 'offense' in the double jeopardy provision of extradition treaties refers to underlying conduct or elements of crimes |
| 24A475 |
Ruel M. Hamilton v. United States |
Fifth Circuit |
2024-11-13 |
Presumed Complete |
|
ashe-standard double-jeopardy fifth-amendment issue-preclusion jury-verdict preponderance-of-evidence |
Whether the Double Jeopardy Clause of the Fifth Amendment precludes retrial of a defendant on a bribery charge after a jury's initial rejection of tha… |
| 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 |
| 24-5780 |
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 |
| 24-5774 |
Dwayne Barrett v. United States |
Second Circuit |
2024-10-17 |
Judgment Issued |
Amici (3)Relisted (2)IFP |
circuit-split crime-of-violence double-jeopardy hobbs-act sentencing statutory-interpretation |
Whether the Double Jeopardy Clause permits two sentences for an act that violates 18 U.S.C. § 924(c) and § 924(j), and whether Hobbs Act robbery quali… |
| 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… |
| 24-5723 |
Terrell Trammell v. United States |
Sixth Circuit |
2024-10-08 |
Denied |
Response WaivedIFP |
bruen-standard circuit-split double-jeopardy fifth-amendment firearms-possession second-amendment |
Whether § 922(g)(1) is unconstitutional under Bruen and violates the Second and Fifth Amendments' protections against double jeopardy |
| 24A299 |
Martin Gonzales v. New Mexico, et al. |
New Mexico |
2024-09-27 |
Presumed Complete |
|
constitutional-interpretation criminal-convictions double-jeopardy incidental-restraint kidnapping state-law |
Whether a criminal defendant's kidnapping convictions violate double jeopardy principles when based on incidental restraint under New Mexico state law |
| 24-317 |
Tommy Lee Benton v. South Carolina |
South Carolina |
2024-09-20 |
Denied |
Response Waived |
double-jeopardy ends-of-justice judicial-discretion manifest-necessity mistrial-standard trial-court-discretion |
Whether a trial judge must consider all viable alternatives to a mistrial before finding manifest necessity exists |
| 24-5565 |
In Re Francisco Nunez Carrillo |
|
2024-09-17 |
Denied |
IFP |
constitutional-interpretation criminal-sentencing double-jeopardy punishment-limits single-act-doctrine statutory-construction |
Whether a person convicted of a single act can be subjected to multiple punishments under congressional statutes and if such punishment violates const… |
| 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 |
| 24-5459 |
In Re Raul Chavez |
|
2024-09-04 |
Denied |
IFP |
article-iii-jurisdiction constitutional-violations double-jeopardy due-process habeas-corpus speedy-trial |
Whether lower courts can delay and deny habeas corpus access while maintaining constitutional adherence to privilege guarantees |
| 24-5427 |
Michael Stapleton v. United States |
Eleventh Circuit |
2024-08-30 |
Denied |
Response WaivedRelisted (2)IFP |
brady-violation circuit-split constitutional-violation double-jeopardy indictment-defect sentencing-enhancement |
Whether the district court violated constitutional rights by denying relief on indictment charges, charging the same crime across multiple indictments… |
| 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? |
| 24-5286 |
Kenneth Rose v. United States |
Seventh Circuit |
2024-08-09 |
Denied |
Response WaivedIFP |
congressional-amendment criminal-law double-jeopardy judicial-review precedent-application statutory-interpretation |
Whether the lower court improperly disregarded Simpson v. U.S. precedent by assuming Congressional amendment of 18 U.S.C.A. § 924(c) in 1984 overrode … |
| 24-5287 |
John Phillip Bender v. Texas |
Texas |
2024-08-09 |
Denied |
Relisted (2)IFP |
acquittal double-jeopardy federal-law jury-determination legal-proceedings record-review |
Whether the Supreme Court must review the record truth of a federal double jeopardy acquittal from 2009 in light of subsequent proceedings |
| 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… |
| 24-5200 |
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? |
| 24-32 |
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? |
| 24-5052 |
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 |
| 24-5024 |
Timothy John Miers v. United States |
Eleventh Circuit |
2024-07-10 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-interpretation double-jeopardy eleventh-circuit fifth-amendment miller-el-v-cockrell sentencing sentencing-authority separation-of-powers |
Whether the Eleventh Circuit Court of Appeals has so far departed from established Federal Law and the legal standards set out by this Court in MILLER… |
| 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… |
| 23-7768 |
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… |
| 23-7725 |
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? |
| 23-7640 |
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? |
| 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 |
| 23-7585 |
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… |
| 23-7575 |
Oscar Dillon, III v. United States |
Eighth Circuit |
2024-05-28 |
Denied |
Response WaivedRelisted (2)IFP |
acquittal acquitted-conduct criminal-culpability double-jeopardy federal-rules-of-evidence fifth-amendment rule-404(b) trial-procedure unrelated-charges |
Whether the Fifth Amendment's Double Jeopardy Clause prohibits the introduction of acquitted criminal conduct under Rule 404(b) in a separate trial wh… |
| 23A1055 |
Lani Lucas Limane, aka Lukasz Chad Limane v. United States |
Fifth Circuit |
2024-05-28 |
Presumed Complete |
|
aggravated-identity-theft double-jeopardy enumerated-offense fifth-amendment plea-agreement wire-fraud |
Whether the Fifth Amendment's double jeopardy clause bars conviction for both aggravated identity theft and wire fraud when wire fraud serves as the p… |
| 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… |
| 23-7476 |
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 |
| 23-7481 |
Maurice Owen Wiley v. United States |
Fourth Circuit |
2024-05-14 |
Denied |
Response WaivedIFP |
conspiracy crime-of-violence criminal-conspiracy double-jeopardy fifth-amendment firearms firearms-possession hobbs-act |
Does the imposition of consecutive punishments for conspiracy to commit Hobbs Act robbery and conspiracy to possess firearms in furtherance of a crime… |
| 23-7405 |
In Re Patrick Christian |
|
2024-05-07 |
Dismissed |
Relisted (2)IFP |
civil-rights civil-rights-conspiracy completed-sentence court-interpretation double-jeopardy legal-precedent lower-court-errors probation recidivism retroactive-punishment sentencing |
When is Punishment Retroactive? |
| 23-7373 |
Giovanni DePalma v. Florida |
Eleventh Circuit |
2024-05-02 |
Denied |
Response WaivedIFP |
42-usc-1981 civil-procedure civil-rights double-jeopardy due-process emergency-petition first-amendment free-speech standing subject-matter-jurisdiction younger-abstention |
Whether the Petitioner is foreclosed from presenting a lack of subject matter jurisdiction and double jeopardy claim |
| 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? |
| 23-7260 |
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… |
| 23-7265 |
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 |
| 23-7242 |
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… |
| 23-7207 |
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… |
| 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… |
| 23-7083 |
Orlando Kim Ferguson, II v. Missouri |
Missouri |
2024-03-27 |
Denied |
IFP |
article-i-section-19 constitutional-interpretation double-jeopardy due-process missouri-constitution oregon-v-kennedy prosecutorial-misconduct retrial |
Is the Missouri Constitution Article I; Section 19; limiting Double Jeopardy rights on retrial following intentional prosecutorial misconduct under Or… |
| 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 |
| 23-7067 |
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 |
| 23-7062 |
Clark D. Thomas v. McKendley Newton, Warden, et al. |
Fourth Circuit |
2024-03-22 |
Denied |
Response WaivedIFP |
actual-innocence certificate-of-appealability discovery-and-counsel-denial double-jeopardy due-process equitable-tolling fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel sixth-amendment |
Whether the Fourth Circuit erred in denying a certificate of appealability |
| 23-7039 |
Everett Dale Webb v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-20 |
Denied |
IFP |
appeals appellate-counsel constitutional-right constitutional-rights double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-exhaustion procedural-default |
Whether the court of appeals erred in concluding that Petitioner's double-jeopardy claim was unexhausted or procedurally-defaulted |
| 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 |
| 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 |
| 23-6834 |
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? |
| 23-6794 |
Isaac Cardona v. United States |
First Circuit |
2024-02-21 |
Denied |
Response WaivedIFP |
criminal-intent double-jeopardy due-process merger-problem money-laundering specified-unlawful-activity statutory-interpretation vagueness vagueness-doctrine |
whether-the-promotional-money-laundering-provision-violates-due-process |
| 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… |
| 23-886 |
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… |
| 23-6724 |
Terrence Michael Taylor, aka Terrance Michael Taylor v. United States |
Tenth Circuit |
2024-02-12 |
Denied |
IFP |
18-usc-922g appellate-review circuit-split constitutional-claim double-jeopardy firearm-possession guilty-plea plea-colloquy statutory-interpretation unit-of-prosecution |
Does a defendant's guilty plea to an indictment charging multiple violations of 18 U.S.C. § 922(g), unlawful firearm possession, waive his Double Jeop… |
| 23A745 |
Donald J. Trump v. United States |
District of Columbia |
2024-02-12 |
Dismissed |
Amici (10) |
criminal-prosecution double-jeopardy impeachment-clause official-acts presidential-immunity separation-of-powers |
Whether a former President is absolutely immune from criminal prosecution for official acts taken during his presidency and whether the Impeachment Ju… |
| 23A720 |
Jeremy Lee Sestak v. United States |
Tenth Circuit |
2024-02-05 |
Presumed Complete |
|
constitutional-challenge double-jeopardy fifth-amendment modification-of-conditions sentencing supervised-release |
Whether supervised release conditions that a defendant claims violate double jeopardy protections can be challenged under 18 U.S.C. § 3583(e)(2) witho… |
| 23-6552 |
In Re Vincent Pisciotta |
|
2024-01-24 |
Denied |
IFP |
arson circuit-split conspiracy criminal-law double-jeopardy federal-felony statutory-interpretation |
Can a conviction for 'using fire to commit a federal felony' be predicated upon the conspiracy conduct element of a 'conspiracy to commit arson |
| 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 |
| 23-6560 |
Cole A. Wolak v. United States |
Sixth Circuit |
2024-01-24 |
Denied |
Response WaivedIFP |
child-pornography criminal-conviction district-court-error double-jeopardy possession procedural-reasonableness receipt-and-distribution sentencing |
Whether the district court erred in convicting petitioner for both possession of child pornography and for receipt and distribution of child pornograp… |
| 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… |
| 23-6424 |
Taquarius Kaream Ford v. United States |
Ninth Circuit |
2024-01-05 |
Denied |
Response WaivedIFP |
18-usc-1591 18-usc-1594 circuit-split criminal-sentencing double-jeopardy mandatory-minimum sex-trafficking statutory-interpretation |
When two Sex Trafficking statutes combine into a single Count, does the penalty for Sex Trafficking Conspiracy under 18 U.S.C. Section 1594(c) which h… |
| 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 |
| 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 |
| 23-6377 |
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… |
| 23-6341 |
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? |
| 23-6262 |
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 |
| 23-622 |
Dale Thrush v. United States |
Sixth Circuit |
2023-12-08 |
Denied |
Response Waived |
arizona-v-washington circuit-split constitutional-review double-jeopardy fifth-amendment manifest-necessity mistrial-standard prosecution-evidence standard-of-review trial-court-discretion |
Whether the trial court's declaration of a mistrial was supported by manifest necessity |
| 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… |
| 23-6074 |
Sylvester Onyejiaka, Jr. v. Missouri |
Missouri |
2023-11-22 |
Denied |
Response WaivedIFP |
controlled-substance criminal-law double-jeopardy fifth-amendment missouri-opinion possession-of-controlled-substance sentencing unlawful-use-of-weapon weapon-possession |
Whether a defendant's Fifth Amendment right against double jeopardy is violated when convictions and sentences are entered for unlawful use of a weapo… |
| 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… |
| 23-6097 |
Montrez Duncan v. United States |
Sixth Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
appellate-review constitutional-vindictiveness conviction criminal-sentencing double-jeopardy due-process judicial-discretion resentencing sentencing unconstitutional |
Is a court constitutionally vindictive in violation of due process when, after it vacates the conviction and sentence on a count that was deemed uncon… |
| 23-6069 |
Jeremie Saintvil v. United States |
Eleventh Circuit |
2023-11-21 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
bank-fraud constitutional-law constitutional-permissibility criminal-charging criminal-law double-jeopardy due-process fundamental-constitutional-rights statutory-interpretation waiver-of-rights |
Whether the two bank fraud subsections of 18 U.S.C. § 1344 are separate and distinct offenses that require charging in separate counts? |
| 23-6054 |
In Re Christopher Thieme |
|
2023-11-20 |
Denied |
IFP |
5th-amendment constitutional-violation double-counting double-jeopardy due-process grouping multiple-punishment sentencing-enhancement sentencing-guidelines |
Does the application of a four-level sentencing enhancement constitute impermissible double counting in violation of the 5th Amendment's Due Process a… |
| 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 |
| 23-6028 |
Delroy T. Booth v. Georgia |
Georgia |
2023-11-16 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights double-jeopardy due-process fair-trial prosecutorial-misconduct |
Whether the prosecution's misconduct, including reversing the burden of proof, violating the defendant's due process rights, and denying the defendant… |
| 23-6004 |
Reginald C. Scott v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. |
Third Circuit |
2023-11-14 |
Denied |
IFP |
constitutional-prohibition criminal-law double-jeopardy due-process fifth-amendment lesser-included-offense pennsylvania-law same-offense statutory-interpretation |
Whether Robbery and Second Degree Murder constitute the 'same offense' under the Double Jeopardy Clause |
| 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… |
| 23-5922 |
Maxwell Chibueze Ezenwa v. United States |
Fifth Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights double-jeopardy due-process eighth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct statute-of-limitations warrantless-arrest |
Whether the warrantless arrest, statute of limitation, double jeopardy, Eighth Amendment violation, and Fourteenth Amendment violation were properly a… |
| 23-5899 |
Rande Brian Isabella v. United States |
Tenth Circuit |
2023-10-27 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability constitutional-error double-jeopardy fifth-amendment lesser-included-offense manifest-constitutional-error sanabria-rule sanabria-v-united-states trial-termination |
Whether the district court violated the defendant's Fifth Amendment double jeopardy rights by placing him back in jeopardy under a lesser-included 'at… |
| 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? |
| 23-5833 |
Sean William Roulo v. Minnesota |
Minnesota |
2023-10-18 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment double-jeopardy due-process equal-protection fair-notice fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment |
Was the prosecutor's deliberate refusal to communicate with petitioner after filing formal charges, including withholding the court's summons and the … |
| 23-5791 |
John Sherman Jumper v. United States |
Third Circuit |
2023-10-16 |
Denied |
Response WaivedIFP |
criminal-sentencing disgorgement double-jeopardy fifth-amendment kokesh-precedent kokesh-v-sec sentencing-enhancement |
Whether the prior disgorgement punishment precludes a criminal sentence or sentencing enhancement based on the same misconduct under the Double Jeopar… |
| 23-5734 |
Lawrence Flack v. United States |
Sixth Circuit |
2023-10-10 |
Denied |
Response WaivedIFP |
appellate-waivers constitutional-rights double-jeopardy guilty-plea ineffective-assistance ineffective-counsel plain-error plea-agreement |
Whether Appellant counsel's Anders brief was inadequate where evidence exists that Appellant's Constitutional rights were violated, including double j… |
| 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 |
| 23-5688 |
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… |
| 23-5668 |
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 |
| 23A257 |
In Re Gregory Mercer |
|
2023-09-21 |
Presumed Complete |
|
appellate-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment separate-sovereigns |
Whether a state appellate court violates the Fifth and Fourteenth Amendments by dismissing federal constitutional claims on procedural grounds without… |
| 23A234 |
Jerry Laza v. City of Palestine, Texas |
Texas |
2023-09-12 |
Presumed Complete |
|
civil-to-criminal-conversion double-jeopardy due-process-protections quasi-criminal-proceedings reasonable-doubt structural-error |
Whether a state court may convert a civil proceeding into a quasi-criminal or penal proceeding on appeal without affording the defendant fundamental c… |
| 23-5540 |
Michael Rinaldi v. United States |
Third Circuit |
2023-09-07 |
Denied |
Response WaivedIFP |
6th-amendment acquitted-conduct criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial ratio-decidendi sentencing sixth-amendment |
Whether the use of acquitted conduct sentencing violates the Due Process Clause and the Sixth Amendment right to a jury trial |
| 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 |
| 23-5517 |
Kamar Laquan Cox v. United States |
Sixth Circuit |
2023-09-05 |
Denied |
Response WaivedIFP |
acquittal 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 … |
| 23-5442 |
Wayne Jerome Johnson v. California |
California |
2023-08-25 |
Denied |
Response WaivedRelisted (3)IFP |
constitutional-vagueness criminal-sentencing cruel-and-unusual double-jeopardy due-process felony-misdemeanor penal-code-interpretation three-strikes three-strikes-law vagueness |
Whether it is unconstitutional to impose two separate strikes on Petitioner for the same act under two separate statutes |
| 23-5434 |
Lamar Victor Moncrieffe v. United States |
Eleventh Circuit |
2023-08-24 |
Denied |
Response WaivedIFP |
acquitted-conduct double-jeopardy fifth-amendment jury-determination jury-trial sentencing-enhancement sixth-amendment |
Whether a district court violates a defendant's Fifth Amendment and Sixth Amendment rights by basing a substantial four-level sentencing enhancement o… |
| 23-5416 |
Curtis Benjamin Hollingsworth v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights double-jeopardy due-process federal-jurisdiction state-action |
Does the federal courts have to consider States and individuals, acting in their official capacity and/or the authority of the States, do not violate … |
| 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 |
| 23-5363 |
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 |
| 23-5339 |
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 |
| 23-5281 |
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… |
| 23-5290 |
Littleton William Clark v. United States |
Eighth Circuit |
2023-08-04 |
Denied |
Response WaivedIFP |
criminal-law district-court double-jeopardy due-process felony-offense firearms guideline-application sentencing-enhancement sentencing-guidelines statutory-interpretation |
Whether the District Court erred in interpreting Note 14(@) of §2K2.1(b)(6)(B) when it applied a four-level enhancement pursuant to §2K2.1(b)(6)(B) fo… |
| 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 |
| 23-5253 |
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… |
| 23-5125 |
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 … |
| 23-5090 |
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 |
| 23-25 |
Michael Charles Ward v. James V. Chafin, et al. |
Eleventh Circuit |
2023-07-07 |
Denied |
|
absolute-immunity appellate-procedure civil-procedure civil-rights constitutional-rights double-jeopardy due-process prosecutorial-immunity prosecutorial-misconduct section-1983 |
Whether the Eleventh Circuit overextended the holding of Ashcroft v. Iqbal such that § 1983 plaintiffs are unjustly deprived of an opportunity to cond… |
| 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… |
| 22-7880 |
Maylesha S. Lewis v. Nebraska |
Nebraska |
2023-06-27 |
Denied |
Response WaivedIFP |
blockburger blockburger-test criminal-prosecution diaz-exception diaz-v-united-states double-jeopardy driving-under-the-influence fifth-amendment motor-vehicle-homicide |
Is Diaz v. United States an exception to the double jeopardy rule announced in Blockburger v. United States? |
| 22-7858 |
Wayne Anthony Aviles v. Captain Jason Kowalski |
Montana |
2023-06-23 |
Denied |
IFP |
double-jeopardy due-process guardian-ad-litem ineffective-assistance-of-counsel judicial-bias sentencing |
Whether the Mentana, Tenth Judicial District court erred in finding Mr. Aviles guilty of Double Jeopardy by giving him 4 separate sentences |
| 22-7815 |
Joseph Carl Stanley v. Martin Biter, Warden |
Ninth Circuit |
2023-06-20 |
Denied |
Response WaivedIFP |
double-jeopardy due-process habeas-review implied-consent judicial-norms mistrial ninth-circuit state-law |
Double-jeopardy-challenge |
| 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… |
| 22-1185 |
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 … |
| 22-1177 |
Lindsay L. Lee v. New York |
New York |
2023-06-05 |
Denied |
Response Waived |
abuse-of-process constitutional-rights double-jeopardy due-process fair-trial judicial-misconduct mistrial retrial |
Did the unwarranted declaration of a mistrial deprive the petitioner of her constitutional right to a fair trial? |
| 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 |
| 22-7589 |
Troy G. Saxton v. Jay Forshey, Warden |
Sixth Circuit |
2023-05-18 |
Denied |
Response WaivedIFP |
28-usc-2253 brown-v-ohio certificate-of-appealability double-jeopardy drug-possession habeas habeas-corpus reasonable-jurists spatial-units |
Whether a habeas petitioner satisfies his burden under 28 U.S.C. §2253(c)(2) for the issuance of a certificate of appealability |
| 22-7577 |
Lamonte Ealy v. Dylon Radtke, Warden |
Seventh Circuit |
2023-05-17 |
Denied |
IFP |
blockburger-test constitutional-review double-jeopardy multiplicity procedural-default same-elements same-parties state-statute |
Whether jurist of reason would find it debatable or wrong the District court assessment of Double Jeopardy Multiplicity counts |
| 22-7561 |
In Re Christopher Vigliotti |
|
2023-05-16 |
Denied |
IFP |
constitutional-rights double-jeopardy due-process multiple-punishment plea-bargain probation probation-violation sentencing sentencing-scheme statutory-authority |
Legality of 15-year state prison sentence following probation violation |
| 22-7509 |
Gary R. Thompson, Jr. v. Oklahoma |
Oklahoma |
2023-05-10 |
Denied |
IFP |
blockburger-v-united-states constitutional-violation criminal-rights double-jeopardy due-process fifth-amendment hazel-atlas-glass-co-v-hartford prosecutorial-misconduct supreme-court-precedent united-states-v-dixon |
Does the double jeopardy protection still hold the promise and guarantee of the prohibition and protection from being twice placed in jeopardy for the… |
| 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… |
| 22-7438 |
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… |
| 22-7452 |
Lashawna Lashae Stewart v. United States |
Fifth Circuit |
2023-05-03 |
Denied |
Response WaivedIFP |
bank-robbery criminal-law criminal-statute divisible-offense double-jeopardy federal-sentencing sentencing statutory-interpretation uniform-administration united-states-code |
Does 18 U.S.C. § 2113(a) define a single offense or two separate and divisible offenses? |
| 22-1059 |
Jorge Marc Gonzalez-Betancourt v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-05-03 |
Denied |
Response Waived |
civil-forfeiture collateral-estoppel controlled-substances double-jeopardy exhaustion fifth-amendment ruan-v-united-states state-prosecution |
Is Florida violating federal rights of its prisoners by preventing a defendant from arguing collateral-estoppel, claiming-exhaustion? |
| 22-7311 |
Randal Thomas Rosado v. Florida |
Florida |
2023-04-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-act double-jeopardy fifth-amendment fourteenth-amendment multiple-prosecutions multiple-punishments negotiated-plea plea-bargaining same-offense sixth-amendment |
Does a ten-count conviction under the same statute for a single act of filing one document violate the double jeopardy clause of the Fifth Amendment p… |
| 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? |
| 22-7257 |
Santos Cuevas v. Tina Kotek, Governor of Oregon, et al. |
Ninth Circuit |
2023-04-12 |
Denied |
IFP |
constitutional-review double-jeopardy due-process federal-law judicial-discretion jury-trial sentence-enhancement sentencing sixth-amendment |
Has Oregon's Judiciary and legislature failed to incorporate landmark cases relevant for how and when to enhance a sentence, and to comport with the r… |
| 22-985 |
Ferrell Walker v. United States |
Eleventh Circuit |
2023-04-11 |
Denied |
Response Waived |
child-pornography double-jeopardy fifth-amendment revocation sentencing supervised-release |
Whether the subsequent imposition of a sentence to a term of imprisonment of 168 months on a charge of possession of child pornography, to run consecu… |
| 22-7154 |
In Re James C. Winding |
|
2023-03-30 |
Dismissed |
Relisted (2)IFP |
double-jeopardy due-process due-process-violation jurisdiction kidnapping sexual-battery |
Whether Petitioner's Indictment Lacked the Charge of Kidnapping and Sexual Battery for Which Petitioner was Convicted, Adams County had No Jurisdictio… |
| 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 |
| 22-7092 |
Lorenzo Hardwick v. United States |
Third Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability collateral-estoppel double-jeopardy fifth-amendment ineffective-assistance ineffective-assistance-of-counsel third-circuit |
Did the appeals court for the Third Circuit err by denying petitioners certificate of appealability where appellate counsel rendered ineffective assis… |
| 22-7098 |
Rashid Turner v. United States |
Eleventh Circuit |
2023-03-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment bank-robbery-act cell-phone cell-phone-search double-jeopardy exclusionary-rule good-faith good-faith-exception hobbs-act search-and-seizure warrant warrant-requirement |
Whether good faith should apply when law enforcement agency has a policy, written or unwritten, where the officer who conducts a search of a cell phon… |
| 22-7064 |
Ryan Rydell Bonner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-22 |
Denied |
IFP |
constitutional-provisions double-jeopardy due-process habeas-corpus inmate-rights judicial-review legal-controversy petition-clause pretrial-writ reindictment statutory-provisions |
Whether the state court's denial of a pretrial writ of habeas corpus on double jeopardy grounds, where the defendant was reindicted for the same offen… |
| 22-7021 |
Victor Todd Williams v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-15 |
Denied |
IFP |
actual-innocence constitutional-rights double-jeopardy due-process federal-habeas habeas-corpus limitation-period procedural-law state-post-conviction statute-of-limitations tolling |
Whether the court of appeals should have issued a Certificate of Appealability upon the Petitioner's claim and issue of whether the district court err… |
| 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 … |
| 22-6878 |
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? |
| 22-6871 |
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… |
| 22-6833 |
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? |
| 22-6796 |
Marty Allen Owens v. Rick Whitten, Warden |
Tenth Circuit |
2023-02-16 |
Denied |
IFP |
cherokee-nation constitutional-rights double-jeopardy due-process major-crimes-act mcgirt-decision subject-matter-jurisdiction tribal-membership |
Did the McGirt v. Oklahoma, 140 S.Ct. 2452 (2020) decision embrace the Major Crimes Act, 18 U.S.C. §1153(a), to the Territory of the State Of Oklahoma… |
| 22-6753 |
Andrew Mark Lamar v. Colorado |
Colorado |
2023-02-10 |
Denied |
IFP |
constitutional-rights double-jeopardy due-process fair-trial fourteenth-amendment juror-misconduct mistrial sixth-amendment |
Whether petitioner's right to a fair and impartial trial was violated due to juror misconduct |
| 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 … |
| 22-6727 |
Kenneth Baldwin v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-02-08 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2244 constitutional-rights double-jeopardy due-process habeas-corpus judicial-procedure resentencing sentencing state-court statutory-interpretation |
Legality of multiple judgments and double jeopardy |
| 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 … |
| 22-6721 |
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? |
| 22-721 |
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? |
| 22-6665 |
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 |
| 22-700 |
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? |
| 22-6617 |
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… |
| 22-6576 |
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… |
| 22-6444 |
Stephen Duane Burgess v. United States |
Ninth Circuit |
2023-01-04 |
Denied |
Response WaivedIFP |
crime-of-violence criminal-law double-jeopardy due-process federal-sentencing federal-statute second-degree-murder sentencing-enhancement statutory-interpretation violent-crime |
Whether a conviction for federal 'second degree murder' under 18 U.S.C. § 1(a) is a 'crime of violence' under 18 U.S.C. § 924(c)(3) |
| 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 |
| 22-6374 |
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 |
| 22-6359 |
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… |
| 22-6364 |
Fairly W. Earls v. Federal Bureau of Prisons |
Seventh Circuit |
2022-12-21 |
Dismissed |
IFP |
concurrent-sentences consecutive-sentences constitutional-rights double-jeopardy due-process federal-sentence sentencing sentencing-guidelines state-sentence |
Whether Earls should have to serve the same Federal Sentence a Second Time |
| 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 |
| 22-6258 |
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… |
| 22-6245 |
Wade Plair v. Supreme Court of Pennsylvania, et al. |
Third Circuit |
2022-12-07 |
Denied |
IFP |
constitutional-violations double-jeopardy due-process equal-protection obstruction-of-justice prosecutorial-misconduct tampering-with-records |
Does intentional prosecutorial misconduct disqualify the trial court from pursuing a second prosecution of the same case? |
| 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… |
| 22-6164 |
Calvin Gary Walker v. Texas |
Texas |
2022-11-29 |
Denied |
IFP |
constitutional-law double-jeopardy due-process fifth-amendment judgment restitution sentencing |
Does the Fifth Amendment's double jeopardy clause bar a restitution order entered ninety-nine days after Petitioner's sentence began and after entry o… |
| 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… |
| 22-6038 |
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 |
| 22-5975 |
Donnie Earl Phillips, Jr. v. Texas |
Texas |
2022-11-04 |
Denied |
IFP |
civil-rights compensation constitutional-rights double-jeopardy due-process fundamental-rights judicial-review legal-proceedings malicious-prosecution speedy-trial wrongful-imprisonment |
Does Fundamental Error, Plain Error, and Constitutional Error all coincide when depriving a person of a final judgment? |
| 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 |
| 22-5979 |
Demetrice R. Devine and Brandon Jowan Mangum v. United States |
Fourth Circuit |
2022-11-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
blockburger-test consecutive-sentences constitutional-review criminal-sentencing double-jeopardy modified-blockburger new-sentencing-hearings sentencing sentencing-enhancements substantive-reasonableness |
Should this Court adopt the predominant modified Blockburger approach and find the maximum consecutive sentences imposed on the Petitioners on all cou… |
| 22-5874 |
Dustin Nguyen v. United States |
Eighth Circuit |
2022-10-20 |
Denied |
Response WaivedIFP |
collateral-attack constitutional-interpretation double-jeopardy due-process final-order judicial-jurisdiction rules-of-construction void-judgment |
Did the panel err, violate statute or the public trust, when they failed to State their reasoning for deciding they had no jurisdiction? |
| 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… |
| 22-5851 |
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? |
| 22-5828 |
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 … |
| 22-5836 |
Laquan Kyle Duane Shakespeare v. United States |
Tenth Circuit |
2022-10-14 |
Denied |
Response WaivedIFP |
18-usc-3583k consecutive-sentences constitutional-challenge double-jeopardy due-process mandatory-minimum marks-doctrine marks-v-united-states sentencing-enhancement statutory-interpretation united-states-v-haymond |
Whether Mr. Shakespeare's five-year mandatory minimum revocation term of imprisonment is valid |
| 22-5739 |
LaTausha Simmons v. Michigan |
Michigan |
2022-10-03 |
Denied |
IFP |
acquittal appeal circuit-court constitutional-protection criminal-prosecution double-jeopardy insufficient-evidence jurisdiction michigan-supreme-court reconsideration |
Whether the Michigan Supreme Court erred in concluding that the prohibition against double jeopardy did not apply in this case |
| 22-5719 |
Shannon Dewayne Reece v. Texas |
Texas |
2022-09-29 |
Denied |
IFP |
aggravated-robbery criminal-conviction double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct state-court-precedent witness-testimony |
Can a person be convicted of an offense even after the victim testifies that the defendant is not the person that assaulted or robbed them? |
| 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? |
| 22-5507 |
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 |
| 22-5356 |
Joseph Montrel Bourgeois v. Texas |
Texas |
2022-08-16 |
Denied |
IFP |
civil-procedure constitutional-review double-jeopardy effective-assistance-of-counsel habeas-corpus ineffective-assistance procedural-default state-court-precedent state-court-review successive-petition supreme-court-precedent |
Question not identified |
| 22-118 |
Marquis Shaw v. United States |
Ninth Circuit |
2022-08-08 |
Denied |
Relisted (12) |
acquitted-conduct constitutional-rights criminal-sentencing double-jeopardy due-process issue-preclusion jury-trial sentencing united-states-v-watts |
Whether the use of acquitted conduct at sentencing violates the Jury Clauses or Due Process Clause |
| 22-5239 |
Edward Bishop v. Jonathan R. Hemingway, Warden |
Sixth Circuit |
2022-08-01 |
Denied |
Response WaivedIFP |
criminal-law criminal-statute double-jeopardy due-process federal-criminal-law fifth-amendment legal-interpretation offense-definition sentencing statutory-interpretation |
Whether § 924(c) criminalizes two separate offenses to determine if the Petitioner was convicted of an offense § 924(c) does not criminalize? |
| 22-5185 |
Thomas Creighton Shrader v. United States |
Fourth Circuit |
2022-07-26 |
Denied |
Response WaivedIFP |
18-usc-3583 18-usc-3742 double-jeopardy federal-bureau-of-prisons fifth-amendment sentencing-guidelines statutory-interpretation supervised-release |
When the Federal Bureau of Prisons is misapplying 18 U.S.C. 3583(a) [Supervised Release] not only to Petitioner, but to thousands (1000's) of Federal … |
| 22-5127 |
Edward Brown v. United States |
First Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
co-conspirators double-jeopardy fifth-amendment political-beliefs political-views procedural-reasonableness resentencing sentencing sentencing-disparities sentencing-guidelines |
Did the district court violate the petitioner's rights under the Double Jeopardy Clause of the Fifth Amendment? |
| 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 |
| 22-5106 |
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… |
| 22-5083 |
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? |
| 22-5100 |
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… |
| 21-8286 |
Thomas Richie McBride v. Texas |
Texas |
2022-06-29 |
Denied |
IFP |
constitutional-rights double-jeopardy due-process judicial-proceedings jury-trial repeat-offender sentencing sixth-amendment |
Whether the trial court proceedings constituted a mistrial that voided the 1984 judgment and sentence |
| 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 |
| 21-8198 |
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… |
| 21-1576 |
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 |
| 21-8190 |
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 … |
| 21-8176 |
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 |
| 21-8143 |
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? |
| 21-1557 |
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 … |
| 21-8081 |
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 |
| 21-7996 |
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 … |
| 21-7998 |
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 |
| 21-7975 |
Amir Karim Beigali v. United States |
Sixth Circuit |
2022-05-26 |
Denied |
Response WaivedIFP |
924-c consecutive-sentences constitutional-interpretation criminal-sentencing double-jeopardy due-process fifth-amendment mandatory-minimum section-924c sixth-amendment supervised-release |
Whether the Fifth and Sixth Amendment prohibit a consecutive mandatory penalty under 18 U.S.C. § 924(c)(1)(C)(i) when the second § 924(c) offense was … |
| 21-7978 |
Patrick Clay Kunkel v. California |
California |
2022-05-26 |
Denied |
IFP |
brady-violation confrontation-clause double-jeopardy due-process newly-discovered-evidence prosecutorial-misconduct sixth-amendment |
Where petitioner received a conviction for premeditated attempted murder and attempted manslaughter of two individuals, were such that petitioner was … |
| 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 |
| 21-7940 |
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… |
| 21-7932 |
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… |
| 21-7898 |
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… |
| 21-7830 |
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… |
| 21-7773 |
Eric Middlebrook v. United States |
Seventh Circuit |
2022-05-05 |
Denied |
Response WaivedIFP |
consecutive-sentences constitutional-challenge constitutional-law double-jeopardy drug-crimes drug-offense guideline-range mandatory-consecutive-term mandatory-minimum sentencing-enhancement sentencing-guidelines |
Does punishing an individual with both a statutory penalty that requires a mandatory consecutive prison term and a Guideline Range enhancement for the… |
| 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… |
| 21-7686 |
Robert Maillet v. United States |
Fourth Circuit |
2022-04-22 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment double-jeopardy due-process sex-offender-registry supervised-release |
Question not identified |
| 21-7555 |
Brian Kerry O'Keefe v. Nevada |
Nevada |
2022-04-05 |
Denied |
IFP |
double-jeopardy due-process effective-assistance-of-counsel liberty-interest pretrial-detainee pretrial-detention reversed-conviction state-statute unlawful-restraint |
Whether the liberty interest created by state statute extends to prisoners whose convictions are reversed and remanded back to the class as pretrial d… |
| 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… |
| 21-7489 |
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… |
| 21-7470 |
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… |
| 21-7376 |
Khalil Stafford v. United States |
Third Circuit |
2022-03-15 |
Denied |
Response WaivedIFP |
double-jeopardy fifth-amendment jury-dismissal murder new-jersey rico rico-offense sixth-amendment state-law-prosecution vicar |
Does the Double Jeopardy Clause preclude a Federal jury from considering petitioner's guilt for murder under New Jersey law after a New Jersey jury ac… |
| 21-7314 |
William Jones v. Texas |
Texas |
2022-03-08 |
Denied |
IFP |
actual-innocence criminal-sentencing cumulation-order district-court double-jeopardy evolving-standards judgment juvenile-culpability neuroscience-mitigation newly-discovered-evidence subsequent-prosecution |
Is Petitioner actually innocent in a subsequent prosecution when in the previous prosecution another District Court in another county convicted, prono… |
| 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 |
| 21-7273 |
Terron Gerhard Dizzley v. United States District Court for the District of South Carolina |
Fourth Circuit |
2022-03-03 |
Denied |
IFP |
appellate-review double-jeopardy false-imprisonment federal-question lack-of-jurisdiction supreme-court-decisions trial-court-jurisdiction writ-of-mandamus |
Did the United Court of Appeals for the Fourth Circuit decide an important federal question in a way that conflicts with the relevant decisions of thi… |
| 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 |
| 21-7210 |
James Thomas Webb v. United States |
Eleventh Circuit |
2022-02-25 |
Denied |
Response WaivedIFP |
double-jeopardy due-process fair-play federal-jurisdiction jurisdiction personal-jurisdiction settlement-agreement sovereign-immunity takings |
Did the relitigation of the CLOSED Florida 2 Federal District Court case United States Securities and Exchange Commission v. James Thomas Webb (Case S… |
| 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? |
| 21-7178 |
Amadeo Valls v. Florida |
Florida |
2022-02-23 |
Denied |
IFP |
constitutional-intolerance double-jeopardy due-process federalized-claims habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-probability state-appellate-courts state-courts summary-orders systemic-inattentiveness |
Whether summary orders rejecting federalized claims have become constitutionally intolerable post-AEDPA |
| 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… |
| 21-7047 |
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 |
| 21-6968 |
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. … |
| 21-6948 |
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… |
| 21-6954 |
Robert Jurado v. Ronald Davis, Warden |
Ninth Circuit |
2022-01-25 |
Denied |
IFP |
14th-amendment 8th-amendment capital-punishment confession-evidence constitutional-amendments double-jeopardy mitigating-evidence ninth-circuit-review penalty-phase plea-bargaining skipper-standard |
Did the Ninth Circuit err in concluding that the California Supreme Court did not unreasonably apply federal law or unreasonably determine facts |
| 21-6895 |
Marshaun Boykin v. Illinois |
Illinois |
2022-01-18 |
Denied |
IFP |
6th-amendment constitutional-interpretation discovery-violation double-jeopardy due-process effective-assistance-of-counsel individual-rights judicial-review legal-standing lineup-identification statutory-construction |
Whether the lineup identification procedure employed violated the Due Process Clause of the 14th Amendment and the right to effective assistance of co… |
| 21-6851 |
Joel Quiles v. Massachusetts |
Massachusetts |
2022-01-14 |
Denied |
Response WaivedIFP |
acquittal constitutional-rights criminal-conviction double-jeopardy due-process felony-murder fifth-amendment first-degree-murder trial-procedure |
Did the defendant's conviction for first degree felony murder violate his constitutional right against double jeopardy? |
| 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… |
| 21-6834 |
In Re Hosea Jackson |
|
2022-01-13 |
Denied |
IFP |
acquittal aiding-and-abetting criminal-liability double-jeopardy fifth-amendment hobbs-act insufficient-evidence jeopardy judicial-precedent |
Whether judicial precedent concerning double jeopardy defines an acquittal to encompass any ruling that the prosecutions proof is insufficient to esta… |
| 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… |
| 21-987 |
Owolabi Salis v. Alejandro N. Mayorkas, Secretary of Homeland Security |
Second Circuit |
2022-01-11 |
Denied |
Response Waived |
civil-rights constitutional-rights double-jeopardy due-process first-amendment fourth-amendment jurisdiction subject-matter-jurisdiction witness |
Whether facts brought by a witness before a jury and tried by that jury can be reexamined by the same witness before another body who was also a witne… |
| 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… |
| 21-911 |
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 |
| 21-892 |
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? |
| 21-870 |
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? |
| 21-6489 |
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? |
| 21-793 |
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 |
| 21-6349 |
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… |
| 21-740 |
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 … |
| 21-6263 |
Gary Aaron Coble v. David Anderson, Warden |
Fourth Circuit |
2021-11-15 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights constitutional-interpretation double-jeopardy due-process equal-protection individual-rights judicial-review self-incrimination supreme-court-jurisdiction takings |
Whether the petitioner's due process rights under the U.S. Constitution were violated by the state's refusal to allow him to remain silent at 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 … |
| 21-6244 |
Kirk Wayne McBride, Sr. v. Texas |
Fifth Circuit |
2021-11-10 |
Dismissed |
IFP |
certificate-of-appealability constitutional-rights double-jeopardy due-process federal-habeas federal-jurisdiction habeas-corpus state-court-conviction state-court-proceedings |
Whether a state federal habeas petitioner is required to obtain a certificate of appealability to appeal a district court decision not arising from a … |
| 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… |
| 21-6146 |
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… |
| 21-6110 |
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? |
| 21-6102 |
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 |
| 21-6012 |
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… |
| 21-6033 |
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? |
| 21-5891 |
Archie Ned Williams v. United States |
Ninth Circuit |
2021-10-05 |
Denied |
Response WaivedIFP |
accomplice-liability crime-of-violence criminal-law double-jeopardy due-process hobbs-act-robbery physical-force pinkerton-liability section-924c statutory-interpretation |
Must the use of physical force required to establish a predicate crime of violence under 18 U.S.C. § 924(c)(3)(A) be personal to the defendant convict… |
| 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… |
| 21-5896 |
Ilana Rigwan v. South Beach Bayside Condominium Association I, Inc. |
Florida |
2021-10-05 |
Denied |
IFP |
case-amendment civil-procedure civil-rights constitutional-rights double-jeopardy due-process judicial-misconduct legal-protection safety-net |
Can you Amend The Double Jeopardy Clause? |
| 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? |
| 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… |
| 21-5810 |
Mandell Rhodes, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-29 |
Denied |
IFP |
administrative-law constitutional-law criminal-justice double-jeopardy fifth-amendment good-conduct-time legislative-intent parole prisoner-rights sentencing |
Whether the administrator of the Texas Department of Criminal Justice violated the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitut… |
| 21-5765 |
Tyrus D. Coleman v. Ron Neal, Warden |
Seventh Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
attempted-murder constitutional-review double-jeopardy habeas-corpus judicial-procedure murder retrial self-defense state-court-review |
Whether the Double Jeopardy Clause precludes retrial for attempted murder after acquittal for murder in self-defense |
| 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 … |
| 21-356 |
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 … |
| 21-5526 |
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? |
| 21-5494 |
In Re Eric W. Poirier |
|
2021-08-26 |
Dismissed |
IFP |
attempted-homicide court-of-appeals criminal-law double-jeopardy due-process indigent-counsel predicate-offenses sentencing |
Should this Court decide what crimes are predicate of Attempted First Degree Intentional Homicide because the Law is not settled yet, nor has this Cou… |
| 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? |
| 21-5459 |
Bernabe Encarnacion v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision, et al. |
Second Circuit |
2021-08-24 |
Denied |
Response WaivedIFP |
appellate-jurisdiction civil-procedure civil-rights conflict-of-interest double-jeopardy due-process final-decision jurisdiction pro-bono-counsel standing summary-judgment |
Whether the court has jurisdiction over the defendants, and whether the court of appeals order was a final decision and this petition was timely filed |
| 21-5441 |
Brandon Mark Bjerknes v. United States |
Eighth Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
5th-amendment article-1-section-3 constitutional-construction double-jeopardy executive-branch federal-government federal-lawmaking judicial-minimalism senate-representation state-representation |
Does the Senate's constitutional construction link state governments to the federal lawmaking process? |
| 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… |
| 21-222 |
Ferrell Walker v. United States |
Eleventh Circuit |
2021-08-16 |
Denied |
Response Waived |
18-usc-3583(k) constitutional-provision double-jeopardy fifth-amendment plain-error sentencing |
Whether the defendant's right not to be twice put in jeopardy for the same offense was violated |
| 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… |
| 21-5366 |
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 |
| 21-176 |
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… |
| 21-5286 |
Gerald M. Calmese v. Arizona |
Arizona |
2021-08-04 |
Denied |
IFP |
conviction criminal-indictment double-jeopardy due-process essential-elements fraudulent-schemes indictment legal-sufficiency multiplicity sentencing-error |
Is there legally sufficient evidence to establish beyond a reasonable doubt the required element for fraudulent schemes for which the petitioner was c… |
| 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 … |
| 21-5161 |
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 |
| 21-5164 |
Larry G. Coker v. Alabama |
Alabama |
2021-07-21 |
Denied |
Response WaivedIFP |
8th-amendment amendment-violation constitutional-rights criminal-sentencing cruel-and-unusual-punishment double-jeopardy due-process illegal-indictment sentencing sex-offender-registration |
Whether the re-sentencing of the petitioner to 25 years, which exceeded the lawful sentence, violated the 8th Amendment prohibition on cruel and unusu… |
| 21-5165 |
Robert Allen Custard v. Scott Crow, Warden |
Tenth Circuit |
2021-07-21 |
Denied |
IFP |
citizen-rights civil-rights constitutional-rights cruel-and-unusual-punishment cruel-punishment double-jeopardy due-process imprisonment legal-detention multiple-punishments united-states-constitution |
Whether a U.S. citizen can serve 14 years in prison without a sentence |
| 21-5126 |
Kevin Tyrell Beach v. Florida |
Florida |
2021-07-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights double-jeopardy due-process irreparable-harm mistrial pro-se pro-se-defendant right-to-counsel sanctions |
Does it constitute 'bad faith conduct' or 'abuse of discretion' when a judge denies a defendant's numerous pre-trial requests for 'stand-by' counsel |
| 21-5127 |
Noel Aldana v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-07-16 |
Denied |
Response WaivedIFP |
cause-and-prejudice constitutional-review double-jeopardy due-process habeas-corpus ineffective-assistance pro-se procedural-bar strickland-standard strickland-v-washington untimeliness |
Does a meritorious claim that a pro se Petitioner raises which clearly present and meet the cause and prejudice standard addressed in the Strickland v… |
| 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 … |
| 21-5076 |
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 |
| 21-5065 |
Blake Taylor v. United States |
Fifth Circuit |
2021-07-09 |
GVR |
Relisted (2)IFP |
bank-robbery crime-of-violence criminal-law criminal-statute divisible-offense double-jeopardy sentencing statutory-interpretation supreme-court-precedent |
Whether 18 U.S.C. § 2113(a) defines a single offense or two (or more) separate and divisible offenses |
| 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 |
| 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… |
| 20-8422 |
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… |
| 20-1776 |
Owen Marlon Alexander v. Breaking Ground, et al. |
Second Circuit |
2021-06-23 |
Denied |
|
administrative-procedure agency-deference civil-procedure civil-rights double-jeopardy due-process guardianship immigration-law intervention public-charge rule-making standing Whether States with interests should be permitted |
Question not identified |
| 20-8272 |
Roberto Luis Rene Martinez v. United States |
Eleventh Circuit |
2021-06-10 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights correction double-jeopardy due-process judgment-commitment judicial-correction life-liberty sentencing |
When a District Court vacates a sentence pursuant to RUTLEDGE v. UNITED STATES, is a correction of the defendant's judgment and commitment order requi… |
| 20-8278 |
L. Powers v. Arthur J. Morburger |
Florida |
2021-06-10 |
Denied |
Relisted (2)IFP |
civil-rights double-jeopardy due-process fifth-amendment fourteenth-amendment fraud-on-court fraud-on-the-court property-rights |
Can the Double Jeopardy Clause Apply To Innocent Persons Thrust in 'Criminal' Courts Rendering False Judgments albeit in Civil Court? When There's no … |
| 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 |
| 20-8218 |
George Verkler, aka Kenneth P. Goff, aka Neal T. Pearson, aka Neil T. Pearson v. United States |
Ninth Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
criminal-case double-jeopardy plea-bargain presumption-of-innocence right-to-counsel unconstitutional-decision |
Does the presumption of innocence require a judge to rule in favor of the defendant if the judge will not read everything the defendant submits? |
| 20-1652 |
Meghan Belaski, et al. v. Securities and Exchange Commission |
District of Columbia |
2021-05-26 |
Denied |
Response Waived |
confidential-information double-jeopardy fifth-amendment intellectual-property related-action securities-exchange-commission securities-law takings-clause whistleblower whistleblower-award |
Do the statutory rules of the SEC violate the Double Jeopardy Clause and Takings Clause of the Fifth Amendment? |
| 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 |
| 20-8078 |
Calvin Lamont Mack v. Florida |
Florida |
2021-05-20 |
Denied |
IFP |
blockburger-test constitutional-interpretation double-jeopardy enhanced-compound-felony federal-question judicial-discretion legal-precedent legislative-intent same-element-offenses state-court-review supreme-court-discretion |
Whether the state and federal constitutions were violated under the Double Jeopardy Clauses |
| 20-1593 |
Devon E. Sanders v. United States |
Third Circuit |
2021-05-18 |
Denied |
Response Waived |
child-pornography criminal-law disaggregation double-jeopardy federal-sentencing paroline-v-united-states restitution sentencing statutory-interpretation |
Whether the Double Jeopardy Clause takes into account only the essential facts for establishing the elements of two offenses |
| 20-7981 |
Stephen Nivens v. J. Phillip Morgan, Warden, et al. |
Fourth Circuit |
2021-05-11 |
Denied |
Response WaivedIFP |
charging-document constitutional-rights double-jeopardy duplicitous duplicitous-charging fifth-amendment jury jury-trial multiplicitous multiplicitous-charging |
Whether the Petitioner has a right to be free from Double Jeopardy |
| 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 … |
| 20-7963 |
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… |
| 20-7961 |
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… |
| 20-7906 |
Gerald J. Silva v. United States |
First Circuit |
2021-05-03 |
Denied |
Response WaivedIFP |
brady-v-maryland civil-rights double-jeopardy due-process qualified-immunity search-and-seizure |
Whether the petitioner's constitutional rights were violated by the government's actions |
| 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 |
| 20-1514 |
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 |
| 20-7857 |
Benjamin Ayala v. New York |
New York |
2021-04-27 |
Denied |
Response WaivedIFP |
burglary constitutional-interpretation criminal-conviction double-jeopardy dwelling-entry fifth-amendment multiple-convictions single-entry state-court-conflict uniform-decision |
Whether petitioner's Fifth Amendment right against double jeopardy was violated |
| 20-7867 |
Howard Allen Groffel v. Virginia |
Virginia |
2021-04-27 |
Denied |
IFP |
constitutional-law criminal-law criminal-prosecution double-jeopardy due-process firearm-possession firearms protective-order protective-orders status-crime status-crimes |
Does the Double Jeopardy Clause permit charging multiple 'status crimes' for a single criminal act? |
| 20-7715 |
In Re Richard DeCaro |
|
2021-04-12 |
Dismissed |
Relisted (2)IFP |
double-jeopardy ex-post-facto federal-statute first-degree-murder ineffective-assistance ineffective-assistance-of-counsel mandatory-life second-degree-murder sentencing-guidelines sixth-amendment |
Whether the Ex Post Facto Clause is violated |
| 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… |
| 20-7672 |
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… |
| 20-7637 |
Derrick Gregory James v. Florida Department of Corrections |
Florida |
2021-04-02 |
Denied |
Response WaivedIFP |
corrections-department cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto fifth-amendment habeas-corpus judicial-discretion sentence-modification sentencing |
Can a state corrections arbitrarily change a defendant's prison sentence, nearly two decades later, even after having initially structured said court-… |
| 20-7622 |
Merle Denezpi v. United States |
Tenth Circuit |
2021-03-31 |
Judgment Issued |
Amici (6)Response RequestedResponse WaivedRelisted (4)IFP |
constitutional-provisions court-of-indian-offenses criminal-prosecution double-jeopardy federal-agency indian-law jurisdictional-issue procedural-history tribal-court ute-mountain-ute-agency |
Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi's conviction in that court barred his subsequent p… |
| 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 |
| 20-7440 |
Paul Salazar v. Texas |
Texas |
2021-03-12 |
Denied |
IFP |
collateral-review constitutional-standards double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-review standing voir-dire |
Does a state's initial-review post-conviction collateral procedures meet constitutional standards when they fail to provide prisoners the opportunity … |
| 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… |
| 20-7400 |
Drashawn Bartlett v. Anna Valentine, Warden |
Sixth Circuit |
2021-03-10 |
Denied |
Response WaivedIFP |
28-usc-2253 double-jeopardy felony-murder fifth-amendment harris-precedent harris-v-oklahoma robbery sixth-circuit |
Can the offense of robbery be included as an element in a felony murder instruction and also presented separately in a jury instruction for robbery wi… |
| 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… |
| 20-7391 |
Marcus A. Turner v. David W. Gray, Warden |
Sixth Circuit |
2021-03-09 |
Denied |
IFP |
constitutional-rights double-jeopardy due-process felony-murder fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel strickland-standard |
Whether the Double Jeopardy Clause bars a second prosecution and punishment for Felony-murder and Felonious-assault following an acquittal on Aggravat… |
| 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… |
| 20-7318 |
Alex Warren Klinger v. Oklahoma |
Oklahoma |
2021-03-03 |
Denied |
IFP |
appellate-review constitutional-law criminal-liability double-jeopardy due-process jackson-standard search-warrant self-defense treaties |
whether-state-disproved-self-defense-beyond-reasonable-doubt |
| 20-7283 |
John Larvie v. United States |
Eighth Circuit |
2021-03-01 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation double-jeopardy due-process federal-review habeas-corpus judicial-discretion plea-bargaining procedural-default standing state-court-reasoning tribal-sovereignty |
Whether tribal sovereignty can be ignored and a defendant punished despite not being convicted tribally |
| 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 … |
| 20-7225 |
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… |
| 20-7148 |
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? |
| 20-1122 |
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 |
| 20-7139 |
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… |
| 20-7072 |
Jean Denis Paul v. United States |
Eleventh Circuit |
2021-02-09 |
Denied |
Relisted (2)IFP |
circuit-court double-jeopardy fairness-integrity felon-in-possession plain-error plain-error-review rehaif revocation substantial-rights supervised-release 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… |
| 20-7070 |
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 … |
| 20-7058 |
Dwayne Wilson v. Ed Sheldon, Warden |
Sixth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
access-to-courts civil-rights constitutional-violation double-jeopardy due-process equal-protection jurisdiction mental-health miscarriage-of-justice |
Question not identified |
| 20-1039 |
Elizabeth Aviles-Wynkoop v. Department of Defense |
Federal Circuit |
2021-01-29 |
Denied |
Response Waived |
5th-amendment administrative-law double-jeopardy due-process federal-employment federal-regulations fifth-amendment whistleblower |
Can the Federal Government violate a Federal Employee's 5th Amendment right by depriving a federal employee of his or her property right (job) without… |
| 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 |
| 20-6848 |
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? |
| 20-6792 |
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… |
| 20-6803 |
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… |
| 20-6815 |
Robert Munoz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
constitutional-due-process double-jeopardy due-process false-testimony fourteenth-amendment indictment jury-instructions prosecutorial-misconduct statute-of-limitations |
Is it written in the U.S. Constitution that a person may be indicted, reindicted 3-times with same cause number: broaden, abandon, and bring abandoned… |
| 20-6669 |
Brian Zellner v. Georgia |
Georgia |
2020-12-21 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-provision criminal-charges criminal-prosecution double-jeopardy fifth-amendment first-offender-statute state-prosecution substantive-criminal-charges |
Double Jeopardy Clause |
| 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… |
| 20-802 |
Virginia Ann Kurschinske v. Pennsylvania |
Pennsylvania |
2020-12-15 |
Denied |
|
civil-rights constitutional-interpretation double-jeopardy due-process equal-protection fifth-amendment final-order-of-acquittal fourteenth-amendment state-law |
Are Pennsylvania state laws constitutional? |
| 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… |
| 20-6469 |
Hector Valentine v. United States |
Third Circuit |
2020-12-01 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-law criminal-innocence criminal-law double-jeopardy judicial-review plea-bargaining sentencing statutory-interpretation third-circuit |
Whether the Third Circuit erred in not addressing conduct rendered non-criminal by an intervening Supreme Court decision |
| 20-6417 |
Edwin Omar Almonte-Nunez v. United States |
First Circuit |
2020-11-24 |
Denied |
Response WaivedIFP |
18-usc-2112 abuse-of-discretion counsel-substitution crime-of-violence double-jeopardy due-process party-presentation resentencing sentencing-review |
Did the district court adequately vet Mr. Almonte-Nufiez's dissatisfaction with his counsel? |
| 20-6371 |
Antoine Moseley v. Daniel Clarke |
Seventh Circuit |
2020-11-19 |
Denied |
IFP |
14th-amendment 5th-amendment double-jeopardy double-jeopardy-clause due-process fact-finding fifth-amendment fourteenth-amendment insufficient-evidence prosecutorial-misconduct statutory-elements |
Double Jeopardy |
| 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… |
| 20-686 |
Michael Shock v. Arkansas |
Arkansas |
2020-11-17 |
Denied |
Response Waived |
brady-violation civil-rights constitutional-law discovery-violation double-jeopardy due-process equal-protection mistrial oregon-v-kennedy prosecutorial-misconduct standing statutory-interpretation |
Whether the lower court erred in its interpretation and application of the relevant statutory and constitutional provisions |
| 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 |
| 20-6315 |
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… |
| 20-6154 |
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… |
| 20-491 |
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… |
| 20-5999 |
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… |
| 20-5978 |
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 … |
| 20-5869 |
Michael Robert Everett v. Florida |
Florida |
2020-10-01 |
Denied |
Response WaivedIFP |
constitutional-interpretation criminal-law double-jeopardy due-process federal-law federal-preemption judgment-rendition reclassification sentencing state-law |
Whether reclassification of a criminal offense from one degree to another violates the Double Jeopardy Clause |
| 20-5823 |
Michael R. Spengler v. Los Angeles County District Attorney |
Ninth Circuit |
2020-09-28 |
Denied |
IFP |
civil-rights collateral-estoppel constitutional-rights contempt-trial double-jeopardy due-process government-action habeas-corpus judicial-procedure pretrial-proceedings |
Whether a pretrial petitioner may challenge his custody as in violation of the Constitution, federal laws, and treaties, and whether this pretrial saf… |
| 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 |
| 20-5719 |
Efrain Camarill Cruz v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
certificate-of-appealability double-jeopardy federal-jurisdiction guilty-plea habeas habeas-corpus ineffective-assistance mental-illness plea-bargaining |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability |
| 20-5693 |
In Re Terron Garhard Dizzley |
|
2020-09-14 |
Denied |
Relisted (2)IFP |
burden-of-proof constitutional-rights double-jeopardy fifth-amendment hung-jury jury mistrial trial-procedure unanimous-verdict |
Whether the judges ruling that the jury's failure to reach a unanimous decision was not a failure on the jury's part was acquittal and the constitutio… |
| 20-301 |
Timothy B. Hennis v. United States |
Armed Forces |
2020-09-09 |
Denied |
Amici (1) |
capital-punishment constitutional-provisions court-martial double-jeopardy due-process military-justice military-law state-court-acquittal state-jurisdiction |
Whether the offenses for which Petitioner was tried and acquitted in state court constituted offenses 'for which [he] cannot be tried in the courts of… |
| 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 |
| 20-5616 |
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 |
| 20-244 |
James Michael Fayed v. California |
California |
2020-08-31 |
Denied |
|
double-jeopardy due-process fundamental-fairness right-to-counsel separate-sovereigns silver-platter-doctrine sixth-amendment uncharged-allegations |
Whether the Sixth Amendment right to counsel attaches on uncharged murder allegations |
| 20-5540 |
Ugunda Giovanni Sanders v. United States |
Sixth Circuit |
2020-08-31 |
Denied |
Response WaivedIFP |
conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct |
Did the Government violate Sanders's rights under the Fifth Amendment to have a grand jury consider the charge and to have the Government honor its im… |
| 20-5516 |
Joseph Peter Garbarini v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-08-27 |
Denied |
IFP |
appellate-review certificate-of-appealability circuit-court district-court double-jeopardy due-process fifth-circuit ineffective-assistance-of-counsel judicial-disagreement procedural-bar |
Did the Fifth Circuit err in denying a certificate of appealability on a double jeopardy claim |
| 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… |
| 20-162 |
Damon J. Claiborne v. Ryan McCarthy, Secretary of the Army |
Ninth Circuit |
2020-08-14 |
Denied |
Response Waived |
administrative-double-jeopardy administrative-law constitutional-challenge constitutional-due-process double-jeopardy due-process retroactive-enforcement retroactive-rule separation-decision separation-decisions statutory-authority |
Whether the Secretary violated departmental regulations that prohibited administrative double jeopardy |
| 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? |
| 20-5322 |
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… |
| 20-5254 |
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… |
| 20-5158 |
Alexander J. Silvers v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-07-24 |
Denied |
Response WaivedIFP |
constitutional-rights detention-challenge double-jeopardy due-process gerstein-v-pugh judicial-determination notice-to-defense probable-cause prosecutorial-discretion |
Whether a judicial determination of probable cause in the arrested offense legally justifies the state attorney filing additional charges |
| 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… |
| 20-5175 |
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… |
| 20-5135 |
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… |
| 20-5104 |
Justin Tapp v. United States |
Fourth Circuit |
2020-07-17 |
Denied |
Response WaivedIFP |
double-jeopardy due-process equal-protection ineffective-assistance-of-counsel prosecutorial-misconduct sentencing |
Whether the petitioner's constitutional rights were violated when he was subjected to multiple prosecutions and sentences for the same conduct |
| 20-5016 |
Ashton Charles Butler v. United States |
Fifth Circuit |
2020-07-10 |
Denied |
Response WaivedIFP |
bank-robbery criminal-law divisible-offense double-jeopardy federal-sentencing sentencing statutory-interpretation uniform-administration-of-justice united-states-code |
Does 18 U.S.C. § 2113(a) define a single offense or two separate and divisible offenses? |
| 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? |
| 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 |
| 19-8886 |
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… |
| 19-8865 |
Alexander M. Schultz v. Wisconsin |
Wisconsin |
2020-06-30 |
Denied |
IFP |
burden-of-proof charging-documents double-jeopardy imprecise-language same-offense successive-prosecutions |
For purposes of the Double Jeopardy Clause, what is the proper test, and assignment of burdens, for determining whether two prosecutions are factually… |
| 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 |
| 19-1409 |
Howard B. Bloomgarden v. California |
California |
2020-06-24 |
Denied |
Response Waived |
circuit-split crime-of-violence double-jeopardy extortion federal-prosecution interstate-commerce statutory-interpretation travel-act unlawful-activity |
Whether the court below erred in holding that 'extortion' was both the 'unlawful activity' and 'crime of violence' in Petitioner's conviction under 18… |
| 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 |
| 19-8751 |
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? |
| 19-8687 |
Hamidreza Ghazavi v. Virginia |
Virginia |
2020-06-12 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights conspiracy constitutional-rights double-jeopardy due-process fraud-upon-the-court judicial-misconduct miscarriage-of-justice speedy-trial trespass-statute |
Whether the circuit court and upper courts violated the petitioner's constitutional rights by engaging in a conspiracy with corrupt federal agents, de… |
| 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 |
| 19-8623 |
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… |
| 19-8629 |
Carpeah R. Nyenekor, Sr. v. United States |
Second Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
affidavit-falsification double-jeopardy dual-sovereignty due-process false-affidavit prosecutorial-misconduct res-judicata search-warrant |
Whether the Double Jeopardy Clause prohibits the federal government from re-indicting a defendant after a state court has dismissed the charges based … |
| 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 |
| 19-8625 |
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 |
| 19-8573 |
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? |
| 19-8515 |
Michael Munday v. United States |
Eleventh Circuit |
2020-05-21 |
Denied |
Response WaivedIFP |
disparate-sentencing double-jeopardy due-process fairness fifth-amendment judicial-review reasonableness sentencing sentencing-disparity sixth-amendment |
Whether the Eleventh Circuit Court of Appeals erred in affirming a 12-year upward departure sentence that violates due-process, double-jeopardy, reaso… |
| 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… |
| 19-1293 |
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… |
| 19-8387 |
Robert C. Caldwell v. United States |
Eighth Circuit |
2020-05-04 |
Denied |
Response WaivedIFP |
carjacking constitutional-challenge constitutional-law criminal-sentencing double-jeopardy enhanced-penalty evidentiary-finding firearm public-choice-clause sentencing statutory-interpretation two-strike-statute |
Whether sentencing defendants under both the Carjacking Statute and the Firearm Statute violates the Double Jeopardy Clause |
| 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? |
| 19-8260 |
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… |
| 19-8227 |
Joshua Dwayne Carrier v. Colorado |
Colorado |
2020-04-09 |
Rehearing |
Response WaivedRelisted (2)IFP |
4-year-old-transaction 4th-amendment 4th-amendment-violation constitutional-rights double-jeopardy expert-testimony fourth-amendment probable-cause search-warrant stale-information |
Was the search warrant for Mr. Carrier's home and computers relying on a single transaction from four years earlier based upon stale information and l… |
| 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 |
| 19-8148 |
Brent Douglas Cole v. United States |
Ninth Circuit |
2020-03-30 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights double-jeopardy due-process jurisdiction prosecutorial-misconduct separation-of-powers sovereignty standing territorial-jurisdiction venue |
Was the Federal court without jurisdiction because the cause did not constitute a Case, the court exceeded its authority, or venue? |
| 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 |
| 19-8082 |
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… |
| 19-1163 |
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 |
| 19-8026 |
In Re Jonathan A. Hampton |
|
2020-03-18 |
Denied |
IFP |
civil-rights constitutional-rights constitutional-rights-speedy-trial-habeas-corpus-d criminal-law double-jeopardy due-process federal-jurisdiction habeas-corpus judicial-discretion jury-instructions personal-recognizance speedy-trial |
Does the petitioner in a habeas proceeding have an inherent constitutional right to be enlarged upon his personal recognizance in the interest of his … |
| 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… |
| 19-7957 |
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 |
| 19-7978 |
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? |
| 19-7944 |
In Re Steven Beebe |
|
2020-03-11 |
Denied |
Relisted (2)IFP |
court-order double-jeopardy double-jeopardy,fifth-amendment,united-states-v-di fifth-amendment habeas-corpus legal-developments legal-precedent probation probation-condition publish-opinion united-states-v-dixon |
Whether this Court should issue a Writ of Habeas Corpus |
| 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… |
| 19-7927 |
Jay Allen Newcomb v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
confrontation confrontation-rights double-jeopardy due-process oral-pronouncement sentencing sentencing-conflict written-judgment |
Is the 11th Circuit's conclusion that any error the sentencing court made in orally pronouncing the sentence was corrected by the written sentencing o… |
| 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 |
| 19-7843 |
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 |
| 19-7796 |
Kevin T. Hawkins v. United States |
Ninth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
appellate-procedure double-jeopardy due-process federal-rules federal-rules-of-appellate-procedure interlocutory-appeal ninth-circuit vindictive-prosecution |
Does the Ninth Circuit circuit rules supersede the Federal Rules of Appellate Procedures, particular when it results in depriving an individual due pr… |
| 19-7703 |
Terry Antonio Lee v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2020-02-19 |
Denied |
IFP |
brady-violation civil-rights constitutional-rights double-jeopardy due-process ineffective-counsel jury-instructions sentencing |
Question not identified |
| 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… |
| 19-7615 |
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 |
| 19-7587 |
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 |
| 19-7557 |
Lance Yarbough v. United States |
Third Circuit |
2020-02-05 |
Denied |
Response WaivedIFP |
criminal-activity double-jeopardy drug-conspiracy jointly-undertaken-criminal-activity relevant-conduct sentencing statutory-minimum substantive-offenses successive-prosecution |
Where a prosecution for drug conspiracy under 21 U.S.C. §846 is successive to separate sentences for substantive offenses that are included in the con… |
| 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… |
| 19-7479 |
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 |
| 19-7433 |
Anthony Russell Wilson v. United States |
Eighth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
18-usc-3583 criminal-prosecution double-jeopardy federal-sentencing fifth-amendment statutory-interpretation supervised-release united-states-v-haymond |
Whether the Fifth Amendment's protection against double jeopardy is violated when a defendant is prosecuted and punished for a firearm possession offe… |
| 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… |
| 19-7401 |
Dumisai H. Hockaday v. Helene Christner, et al. |
Tenth Circuit |
2020-01-24 |
Denied |
IFP |
administrative-regulations civil-procedure confrontation-clause constitutional-rights deliberate-indifference double-jeopardy due-process exhaustion-of-remedies grievance-process medical-care prison-conditions standing summary-judgment |
Whether the underlying activity of the United States Court of Appeals for the Tenth Circuit is ethical or not |
| 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 |
| 19-7338 |
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… |
| 19-7289 |
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 |
| 19-7283 |
Fairly W. Earls v. Susan Novak, Warden |
Seventh Circuit |
2020-01-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-split civil-procedure double-jeopardy due-process federal-rules-of-civil-procedure fifth-amendment newly-discovered-evidence rule-60(b) rule-60b-motion |
Whether the United States Court of Appeals for the Seventh Circuit imposed an improper and unduly burdensome Certificate of Appealability standard |
| 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? |
| 19-7155 |
Russell DeFreitas v. Gregory A. Kizziah, Warden |
Sixth Circuit |
2020-01-02 |
Denied |
Response WaivedIFP |
abuse-of-discretion actual-innocence constitutional-rights double-jeopardy due-process habeas-corpus habeas-corpus-2241 ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation |
Whether Sixth Circuit's precedent supersedes and adoption of district court's arbitrary abuse of authority, prohibits petitioner's 28 USC 2241's statu… |
| 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 |
| 19-7010 |
Omar Folk v. Prime Care Medical, et al. |
Third Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure discovery-issues double-jeopardy due-process federal-rules-of-civil-procedure habeas-corpus mandate-stay rule-59(e) rule-60-motion standing third-circuit-appeal |
Whether Third Circuit Court of Appeal Judges applied the correct standard under Rule 60(c) of the Federal Rules of Civil Procedure |
| 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… |
| 19-6957 |
Venise Metayer v. Florida |
Florida |
2019-12-16 |
Denied |
IFP |
constitutional-rights double-jeopardy due-process fair-trial fifth-amendment fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-hearing |
Did the trial/lower court create a manifest injustice when it allowed the petitioner to plea to charges that violated double-jeopardy laws, when the t… |
| 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… |
| 19-6921 |
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? |
| 19-6894 |
Vamsidhar Vurimindi v. Pennsylvania |
Pennsylvania |
2019-12-10 |
Denied |
Response WaivedIFP |
ashe-v-swenson blockburger-v-united-states brown-v-ohio compounding-charges constitutional-rights double-jeopardy due-process equal-protection fifth-amendment pro-se-appellant successive-prosecution |
Whether State prosecuting an accused under pretense of successive prosecution based upon temporally distinct conduct from prior prosecution, and compo… |
| 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… |
| 19-714 |
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 … |
| 19-6806 |
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 |
| 19-6760 |
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… |
| 19-6742 |
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? |
| 19-6713 |
Derek Tyler Horton v. Sam Cochran |
Eleventh Circuit |
2019-11-22 |
Denied |
IFP |
appellate-review civil-procedure constitutional-law constitutional-rights constitutional-violation double-jeopardy due-process eleventh-circuit habeas-corpus jurisdiction procedural-error writ-of-certiorari |
Is there a remedy when the Habeas corpus proceeding fails to protect a citizen from Double Jeopardy violation because of an incorrect procedural rulin… |
| 19-6721 |
Christopher Ray Parrish v. United States |
Fourth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release |
Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi… |
| 19-6692 |
Kenneth Robert Simpson v. United States |
Eighth Circuit |
2019-11-20 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-rights double-jeopardy due-process fifth-amendment habeas-corpus judicial-discretion parole revocation sentencing-guidelines statutory-construction supervised-release |
Whether the revocation of supervised release and imposition of additional imprisonment for a violation of the conditions of supervised release violate… |
| 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 |
| 19-6684 |
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… |
| 19-6649 |
Alfred L. Brooks v. Dean Borders, Warden |
Ninth Circuit |
2019-11-15 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment cruel-punishment dismissed-allegations double-jeopardy due-process extrajudicial-proceeding extrajudicial-proceedings parole parole-hearing plea-agreement |
Can state District Attorney's Office and/or California Board of Parole Hearings utilize Parole Consideration Hearings as extrajudicial proceedings to … |
| 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? |
| 19-611 |
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? |
| 19-605 |
Arizona v. Philip John Martin |
Arizona |
2019-11-12 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
appeal criminal-appeal double-jeopardy first-degree-murder greater-offense hung-jury hung-jury-rule jury-instructions jury-verdict lesser-offense richardson-v-united-states second-degree-murder |
When a jury expressly states it is 'unable to agree' on a defendant's guilt for a greater offense and convicts the defendant of a lesser offense, and … |
| 19-6552 |
Darrell Tykwan Atkinson v. United States |
Fourth Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release |
Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi… |
| 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… |
| 19-6459 |
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… |
| 19-6404 |
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… |
| 19-6413 |
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 |
| 19-6359 |
Stephen Nivens v. Maryland |
Maryland |
2019-10-25 |
Denied |
IFP |
administrative-hearing administrative-law correctional-services double-jeopardy due-process judicial-review sentencing-credits special-project-credits standing statutory-interpretation venue |
Whether Judge Daniel P. Dwyer as the Administrative Judge was to preside over and hear Petitioner's hearing for Judicial Review instead of Judge Boyer |
| 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 … |
| 19-489 |
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… |
| 19-6269 |
Eduardo Romero Martinez v. United States |
Fourth Circuit |
2019-10-15 |
Denied |
Response WaivedIFP |
constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release |
Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi… |
| 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… |
| 19-6203 |
Eric Christopher Barrass v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-10-08 |
Denied |
IFP |
chambers-v-mississippi constitutional-law double-jeopardy due-process federal-courts federal-review green-v-georgia habeas-corpus standard-of-review state-court-decision state-courts third-party-confession |
Whether the Eleventh Circuit erred in applying 28 U.S.C. § 2254(d) to the state appellate court's unexplained decision, rather than 'looking through' … |
| 19-6107 |
Robert B. Ledbetter v. United States |
Sixth Circuit |
2019-10-01 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-charges criminal-law criminal-sentencing double-jeopardy due-process fifth-amendment insufficient-evidence murder murder-conviction sufficiency-of-evidence |
Where the evidence is insufficient to convict on conspiracy and murder charges, can the defendant be convicted on those charges? |
| 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… |
| 19-6058 |
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… |
| 19-6073 |
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 |
| 19-6051 |
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 |
| 19-5973 |
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 |
| 19-5987 |
Ronald Richard Brown v. Washington |
Washington |
2019-09-18 |
Denied |
Response WaivedIFP |
constitutional-interpretation double-jeopardy due-process federal-sentencing-guidelines judicial-vindictiveness north-carolina-v-pearce presumption-of-vindictiveness reversed-convictions sentencing sentencing-guidelines sentencing-reform-act state-courts supreme-court washington-state |
Whether the Washington State Courts can refuse to adhere to the Supreme Court's holding in North Carolina v. Pearce |
| 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… |
| 19-5872 |
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? |
| 19-5846 |
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 |
| 19-311 |
Al Cannon, Sheriff, Charleston County, South Carolina v. Broderick William Seay, Jr. |
Fourth Circuit |
2019-09-06 |
Denied |
Response RequestedResponse WaivedRelisted (9) |
appellate-review deference double-jeopardy fact-finding federal-habeas manifest-necessity mistrial strict-scrutiny trial-court-deference trial-court-discretion |
Whether the required strict scrutiny applied to the legal determination of manifest necessity constrains the deference accorded a trial court's fact-f… |
| 19-5739 |
Duane Pope v. Scott R. Frakes, Director, Nebraska Department of Correctional Services |
Nebraska |
2019-08-29 |
Denied |
Response WaivedIFP |
14th-amendment 8th-amendment cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto privileges-and-immunities separate-sovereigns separate-sovereigns-doctrine |
Does the 'separate sovereigns' doctrine permit multiple punishments that are exempted from the constitutional prohibitions against cruel and unusual p… |
| 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? |
| 19-5664 |
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 |
| 19-5677 |
In Re Alonzo May |
|
2019-08-22 |
Denied |
IFP |
14th-amendment civil-commitment civil-rights constitutional-rights double-jeopardy due-process ex-post-facto fourteenth-amendment liberty-interest sovereign-power |
Whether the State of Texas lawfully overrode the petitioner's final judgment and order of commitment, in violation of the Ex Post Facto Clause, Double… |
| 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… |
| 19-5659 |
Anthony L. Viola v. Bradley Tate, Warden |
Third Circuit |
2019-08-21 |
Dismissed |
Response WaivedRelisted (2)IFP |
actual-innocence circuit-split double-jeopardy due-process habeas-corpus prosecutorial-misconduct simultaneous-prosecution |
Whether the government can use a joint task force and the same prosecution team to prosecute a citizen in state and federal court at the same time |
| 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… |
| 19-5643 |
Raymont Wright v. United States |
Third Circuit |
2019-08-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
double-jeopardy indictment-dismissal inherent-power inherent-power-of-courts judicial-integrity jury-deadlock mistrials prosecutorial-discretion prosecutorial-misconduct separation-of-powers trial-court-discretion trial-court-power |
Whether a trial court possesses inherent power to dismiss an indictment with prejudice following serial mistrials for jury deadlock or whether the exe… |
| 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… |
| 19-5570 |
Walter Barton v. William Stange, Warden |
Eighth Circuit |
2019-08-14 |
Denied |
IFP |
28-usc-2253 certificate-of-appealability circuit-split dissent double-jeopardy due-process federal-procedure habeas-corpus issue-being-raised judicial-review |
Whether the Eighth Circuit has imposed an improper and unduly burdensome standard for granting a certificate of appealability in Mr. Barton's federal … |
| 19-5514 |
In Re Charlene Terry-Ann Walker Rosa |
|
2019-08-08 |
Dismissed |
IFP |
civil-rights double-jeopardy due-process equal-protection exculpatory-evidence ineffective-assistance-of-counsel ineffective-counsel jurisdiction public-defender wrongful-conviction |
Whether the Blue Caste that rested on a Wrongful Conviction of an innocent person because of Ineffective Counsel Lack Knowledge and Understanding of 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 |
| 19-5435 |
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… |
| 19-5417 |
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 |
| 19-5422 |
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 |
| 19-5369 |
Willie Chambers v. Phil Hall, Warden |
Georgia |
2019-07-29 |
Denied |
IFP |
constitutional-rights double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel judicial-procedure multiplicitous-indictment post-conviction-relief presumption-of-innocence prosecutorial-misconduct reasonable-doubt right-to-fair-trial right-to-life-and-liberty state-court-review vindictive-prosecution |
Whether the petitioner has a valid claim of a constitutional right to be free from a vindictive and multiplicitous indictment that he now stands convi… |
| 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 |
| 19-126 |
Gary A. Oram, Jr. v. City of Dillon, Montana, et al. |
Ninth Circuit |
2019-07-26 |
Denied |
Response Waived |
42-usc-1985 civil-procedure civil-rights double-jeopardy due-process fair-trial judicial-resolution liability magistrate-jurisdiction private-citizen section-1985 standing |
Are the Courts able to find a judicial resolution in a §1985(3) claim against one private citizen, after all other individuals in the action are relea… |
| 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? |
| 19-5297 |
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? |
| 19-5248 |
Garry Randall West v. Jason Bryant, Warden |
Tenth Circuit |
2019-07-22 |
Denied |
Relisted (2)IFP |
child-pornography double-jeopardy due-process fourth-amendment free-speech miranda-rights miranda-warnings right-to-privacy search-and-seizure suppression-of-evidence |
Question not identified |
| 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 |
| 19-5243 |
Larry Marvel v. Delaware |
Delaware |
2019-07-19 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-protection criminal-law criminal-offense double-jeopardy double-punishment due-process legislative-definition multiple-punishments sentencing state-prosecution statutory-interpretation |
Whether the Double Jeopardy Clause prohibits multiple punishments for the same offense |
| 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 |
| 19-5043 |
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… |
| 19-5066 |
Jordon Louis Dongarra v. United States |
Sixth Circuit |
2019-07-05 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3161 constitutional-claims double-jeopardy due-process federal-court habeas-corpus ineffective-counsel jurisdiction plea-agreement prisoner-rights pro-se speedy-trial statutory-interpretation |
Whether the dismissal of the first indictment under 18 USC 3161(b) and the subsequent untimely indictment without an alignment violates due process an… |
| 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… |
| 19-5027 |
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… |
| 19-3 |
Ryan Begay v. New Mexico |
New Mexico |
2019-06-28 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
blockburger-test blockburger-v-united-states constitutional-protection double-jeopardy due-process fourteenth-amendment reckless-abuse reckless-child-abuse self-defense |
Whether the 'same elements' test adequately protects against multiple punishments for 'the same offence' |
| 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 |
| 18-9783 |
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… |
| 18-9741 |
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… |
| 18-9725 |
Jose Munoz v. United States |
Second Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-vagueness crime-of-violence criminal-law criminal-law-procedure double-jeopardy due-process evidentiary-rule hobbs-act sentencing sentencing-enhancement vagueness |
Whether the definition of 'crime of violence' in 18 U.S.C. 924(c)(3)(B) is unconstitutionally vague |
| 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… |
| 18-9681 |
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 |
| 18-9654 |
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? |
| 18-9636 |
Donald Furtys v. Florida |
Florida |
2019-06-12 |
Denied |
Response WaivedIFP |
5th-amendment artificial-intelligence automated-technology criminal-conviction double-jeopardy due-process fifth-amendment video-voyeurism |
Whether the Fifth Amendment Double Jeopardy Clause bars multiple convictions of video voyeurism stemming from a camera that has new automated technolo… |
| 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… |
| 18-9642 |
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 |
| 18-9570 |
Cody Joseph Morgan v. Texas |
Texas |
2019-06-07 |
Denied |
IFP |
appeal double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel judicial-vindictiveness north-carolina-v-pearce retrial sentencing sentencing-package texas-v-mccullough |
Whether Texas v. McCullough created a bright-line rule that the presumption of judicial vindictiveness under North Carolina v. Pearce is inapplicable … |
| 18-9576 |
Alvin Weekly v. United States |
Eighth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
actual-innocence blockburger-v-united-states cruel-and-unusual-punishment double-jeopardy eighth-amendment extraordinary-circumstances rule-60(b) rule-60b sentencing-review |
Does the Court of Appeals commit clear error when declining to hear a defendant's claim of serving an unlawful sentence in violation of the Constituti… |
| 18-9512 |
Kenneth Roshaun Reid v. United States |
Fourth Circuit |
2019-06-05 |
Denied |
Response WaivedIFP |
criminal-conspiracy criminal-culpability double-jeopardy dry-conspiracy due-process guilt indictment jury reasonable-foreseeability subject-matter-jurisdiction |
Who does the jury have to be in order to establish guilt or criminal culpability in all dry conspiracy crimes? |
| 18-9524 |
Michael Deangelo Lowery v. Rick Whitten, Warden |
Tenth Circuit |
2019-06-03 |
Denied |
IFP |
aedpa civil-rights double-jeopardy due-process habeas-corpus ineffective-assistance-of-counsel investigative-report rehabilitation |
Whether the Double Jeopardy Clause of the AEDPA was violated |
| 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 … |
| 18-9484 |
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… |
| 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 |
| 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 |
| 18-9367 |
Michael F. Ramsey v. New York |
New York |
2019-05-22 |
Denied |
Response WaivedIFP |
consecutive-punishment consecutive-sentences criminal-possession criminal-sentencing double-jeopardy firearm-law intent-of-legislature johnson-v-morgenthau judicial-precedent legislative-intent misapplied-decisions penal-law single-continuous-possession weapon-possession |
Whether New York, by allowing consecutive sentences for the single continuous possession of the same firearm, ignored its own precedent in Johnson v. … |
| 18-9356 |
Robert Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-05-20 |
Denied |
IFP |
constitutional-rights cruel-and-unusual-punishment death-penalty double-jeopardy due-process eighth-amendment eighth-amendment-jurisprudence evolving-standards-of-decency mental-illness |
Whether an individual who suffers from severe mental illness is exempt from execution under the Eighth Amendment and the evolving standards of decency… |
| 18A1199 |
Gregory Waddell Hayes v. United States |
Fourth Circuit |
2019-05-20 |
Presumed Complete |
|
constitutional-protection criminal-conviction double-jeopardy federal-statute fifth-amendment supervised-release |
Whether the Double Jeopardy Clause prohibits revoking supervised release based on conduct for which a defendant has already been criminally convicted … |
| 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 |
| 18-9258 |
Bernard Roosevelt Shaw v. United States |
Sixth Circuit |
2019-05-14 |
Denied |
Response WaivedRelisted (2)IFP |
carjacking crime-of-violence criminal-law double-jeopardy due-process fifth-amendment sentencing statutory-interpretation vagueness vagueness-challenge |
Whether the lower court(s) erred in its interpretation as to the 'vagueness challenge' of Section §924(c)(3)(B), and the meaning as to what is conside… |
| 18-9243 |
Chima Edozie Aligwekwe v. United States |
Eleventh Circuit |
2019-05-13 |
Denied |
Response WaivedIFP |
acquittal double-jeopardy due-process judicial-discretion jury-trial restitution sentencing sixth-amendment |
Whether the right to a jury trial as guaranteed by the Sixth Amendment is violated when a district court increases the defendant's prison sentence and… |
| 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… |
| 18-9189 |
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… |
| 18-1396 |
Dereck Pelletier v. Wendy Kelley, Director, Arkansas Department of Correction, et al. |
Arkansas |
2019-05-06 |
Denied |
Response Waived |
criminal-law double-jeopardy double-jeopardy-clause due-process fifth-amendment fourteenth-amendment multiplicity retroactivity statutory-construction statutory-interpretation unit-of-prosecution |
Whether a state supreme court can overcome a defendant's multiplicity challenge under the Double Jeopardy Clause of the Fifth Amendment by classifying… |
| 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… |
| 18-9134 |
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 |
| 18-9113 |
Glen Moore v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-02 |
Denied |
IFP |
access-to-courts double-jeopardy due-process liberty-interests parole parole-revocation retroactive-law retroactive-punishment standing |
Do Texas Board of Parole have the constitutional authority to change laws or to take away a prisoner's liberty interests without due process of law? |
| 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… |
| 18-1359 |
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… |
| 18-8983 |
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… |
| 18-8969 |
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… |
| 18-8895 |
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… |
| 18-8851 |
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 |
| 18-8833 |
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? |
| 18-8853 |
Cameron Brown v. California |
California |
2019-04-16 |
Denied |
IFP |
constitutional-rights court-proceedings double-jeopardy due-process jury-instructions jury-verdict lesser-included-offenses mistrial prosecutorial-misconduct trial-transcript |
Is the defendant convicted due to double jeopardy violation? |
| 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? |
| 18-8828 |
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? |
| 18-8791 |
Danny D. Bissonette v. Robert Dooley, Warden, et al. |
Eighth Circuit |
2019-04-11 |
Denied |
Response WaivedIFP |
criminal-jurisdiction double-jeopardy due-process federal-habeas federal-indian-law habeas-corpus indian-law prosecutorial-jurisdiction state-sovereignty treaty-rights tribal-sovereignty |
Did the state court err in failing to set aside the conviction of a federally recognized tribal member living in Indian country? |
| 18-1283 |
Joseph Montano v. Texas |
Fifth Circuit |
2019-04-10 |
Denied |
Response Waived |
consent consent-requirement cross-examination double-jeopardy fifth-amendment fifth-amendment-privilege judicial-discretion mistrial oregon-v-kennedy plain-error united-states-v-olano |
Whether the underlying reason for a sua sponte declaration of mistrial was plain error that overrides the consent requirement of Oregon v. Kennedy, an… |
| 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… |
| 18-8767 |
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… |
| 18-8777 |
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 |
| 18-1282 |
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… |
| 18-8762 |
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… |
| 18-8688 |
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 |
| 18-8699 |
Marckenson Chery v. United States |
Eleventh Circuit |
2019-04-04 |
Denied |
Response WaivedIFP |
18-usc-2422b criminal-offense criminal-offense-element double-jeopardy fifth-amendment indictment sixth-amendment statutory-interpretation |
Whether an indictment for violation of 18 U.S.C. § 2422(b) must identify the ''criminal offense'' element in order to meet the required nature of the … |
| 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 |
| 18-8456 |
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 … |
| 18-8459 |
Wayne A. Bisso v. Florida |
Florida |
2019-03-19 |
Denied |
Response WaivedIFP |
14th-amendment blockburger-test common-law-marriage double-jeopardy due-process due-process-clause estate-inheritance fifth-amendment fourteenth-amendment grand-theft property-rights |
Whether the Due Process Clause of the Fourteenth Amendment protects a surviving spouse, who is factually and actually innocent, from being convicted a… |
| 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… |
| 18-8391 |
Nam Nhat Ngo v. United States |
Ninth Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
bank-robbery categorical-approach circuit-split criminal-definition criminal-law double-jeopardy due-process federal-jurisdiction judicial-discretion legal-interpretation sentencing statutory-construction statutory-interpretation sufficiency-of-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… |
| 18-8285 |
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… |
| 18-8246 |
In Re Dennis D. Jackson |
|
2019-03-04 |
Denied |
Relisted (2)IFP |
civil-rights double-jeopardy due-process habeas-corpus ineffective-assistance-of-counsel liberty-interest speedy-trial |
Whether a petitioner who remains in custody in violation of his 5th and 14th Amendment rights must be immediately discharged without regard to state l… |
| 18-8173 |
Ruben R. Herrera v. Brandon Price |
Ninth Circuit |
2019-02-28 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment arbitrary-and-capricious civil-rights collateral-estoppel double-jeopardy due-process fifth-amendment fourteenth-amendment plea-agreement pre-trial-detention |
Whether petitioner's pre-trial detention violates his Fifth and Fourteenth Amendment rights against double jeopardy and due process |
| 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? |
| 18-8141 |
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? |
| 18-8123 |
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… |
| 18-8075 |
Godwin Oriakhi v. United States |
Fifth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
appellate-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel lafler-v-cooper plain-error plain-error-review plea-bargaining pro-se-filing strickland-v-washington |
Whether Lafler v. Cooper is violated when trial counsel advises a defendant to enter a guilty plea to an indictment that, on its face, violates the Fi… |
| 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? |
| 18-7945 |
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… |
| 18-7912 |
Eriese Alphonso Tisdale v. Florida |
Florida |
2019-02-12 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment 8th-amendment constitutional-law constitutional-rights death-penalty double-jeopardy due-process jury jury-vote statutory-amendment statutory-interpretation |
Whether the Florida Supreme Court's failure to apply a statutory amendment violates due process and double jeopardy |
| 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 |
| 18-7934 |
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? |
| 18-7879 |
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? |
| 18-7830 |
Rheuben Johnson v. Kansas |
Kansas |
2019-02-07 |
Denied |
Response WaivedIFP |
blockburger-test constitutional-interpretation double-jeopardy multiplicity same-offense schoonover-test single-statute unit-of-prosecution |
To determine 'same offense' in a single-statute case, regarding multiplicity that affects double jeopardy, does the directive set forth by the United … |
| 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? |
| 18-7778 |
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… |
| 18-7714 |
Anthony Grandison v. Maryland |
Maryland |
2019-02-01 |
Denied |
Response WaivedIFP |
blockburger-test common-law-murder commutation cumulative-punishment double-jeopardy double-jeopardy-clause due-process felony-murder handgun-use jury-instructions legislative-intent merger-of-offenses non-merger-rule prosecutorial-discretion required-evidence-test sentencing statutory-construction statutory-offenses |
Whether the Maryland Court of Appeals erred in holding... |
| 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? |
| 18-7665 |
Robert Tommy Garrett v. California |
California |
2019-01-30 |
Denied |
IFP |
appellate-review constitutional-provision double-jeopardy due-process judicial-review jury-trial legal-interpretation lesser-included-offense multiple-convictions multiple-punishments procedural-issue statutory-provision |
Whether the trial court's erroneous failure to instruct the jury on the lesser included offense of law and the defendant's right to a jury trial viola… |
| 18-7675 |
Eric Hayes v. United States |
Third Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
abstract-approach circuit-court collateral-appeal constitutional-law crawford-v-washington criminal-appeal daubert-v-merrell-dow double-jeopardy federal-rules-of-evidence illinois-v-vitale sixth-amendment supreme-court-precedent whalen-v-united-states |
Whether the circuit court departed from the established rules of Whalen v. United States and Illinois v. Vitale regarding the double jeopardy clause |
| 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 |
| 18-7533 |
Shawn Canada v. Eddie Miles, Warden |
Eighth Circuit |
2019-01-23 |
Denied |
IFP |
civil-rights confrontation-clause cruel-and-unusual-punishment double-jeopardy due-process habeas-corpus ineffective-assistance plea-bargaining sentencing |
Did Canada receive effective assistance of counsel? |
| 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? |
| 18-7329 |
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 … |
| 18-7360 |
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? |
| 18-7325 |
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? |
| 18-7269 |
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? |
| 18-821 |
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 |
| 18-7167 |
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 |
| 18-7146 |
Jonathan Samuel Sage v. Washington |
Washington |
2018-12-21 |
Denied |
IFP |
confrontation confrontation-clause cross-examination double-jeopardy double-jeopardy-clause due-process evidence-restriction judicial-review jury-instructions multiple-convictions same-crime same-person-same-time separate-and-distinct-conduct uncharged-misconduct witness-credibility |
Should this Court grant review where Washington State's published Court of Appeals decision affirmed these multiple convictions despite ambiguous and … |
| 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… |
| 18-7109 |
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… |
| 18-7074 |
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 |
| 18-7005 |
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 |
| 18-6976 |
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… |
| 18-739 |
Trevor Wallace v. Tennessee |
Tennessee |
2018-12-10 |
Denied |
Response Waived |
appellate-review case-revival constitutional-compliance dismissal-with-prejudice double-jeopardy due-process fifth-amendment judicial-discretion jury jury-trial lee-v-us res-judicata |
May a state appellate court revive a case that was dismissed with prejudice after a jury was sworn? |
| 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? |
| 18-6962 |
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 |
| 18-6897 |
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 |
| 18-6800 |
Robert Ryan Powell v. United States |
Ninth Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
constructive-amendment double-jeopardy fifth-amendment grand-jury indictment jury-instructions jury-unanimity plain-error sixth-amendment statute-of-limitations |
Where jury instructions lack the dates and timeframes specified in the indictment, do the jury instructions constructively amend the indictment, and t… |
| 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… |
| 18-6824 |
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… |
| 18-6785 |
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 |
| 18-650 |
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… |
| 18-6742 |
Albert Uriah Mathis v. North Carolina |
North Carolina |
2018-11-20 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-misconduct mistrial prosecutorial-misconduct |
Can a judge order a mistrial in a case simply, so he may attend a Dr. appointment? |
| 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? |
| 18-6716 |
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 |
| 18-6686 |
Grady Pederson v. Minnesota, et al. |
Eighth Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights double-jeopardy due-process evidence-suppression sex-offender-registry standing statute-of-limitations |
Why was the State of Minnesota allowed to suppress evidence since 11/01/1995? |
| 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… |
| 18-6674 |
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 |
| 18-6527 |
Jedediah C. v. West Virginia |
West Virginia |
2018-10-31 |
Denied |
IFP |
double-jeopardy due-process eighth-amendment equal-protection fifth-amendment fourteenth-amendment home-incarceration pre-trial time-served west-virginia |
Has the Petitioner's Fifth, Eighth and Fourteenth Amendment Constitutional Rights been violated when the Courts of West Virginia refused to grant cred… |
| 18-562 |
Elizabeth Haring Coomes v. Maryland Insurance Administration |
Maryland |
2018-10-30 |
Denied |
Response Waived |
administrative-law automatic-stay bankruptcy-estate bankruptcy-law bankruptcy-law-362-b-4 bankruptcy-stay civil-procedure double-jeopardy due-process insurance-licensing police-power regulatory-action regulatory-power |
Whether 11 U.S.C. 362(b)(4) applies to a Debtor's appeal of a final regulatory action |
| 18-6499 |
Dominique Johnson v. United States |
Third Circuit |
2018-10-30 |
Denied |
Response WaivedIFP |
10th-amendment 4th-amendment civil-rights double-jeopardy due-process federal-agents federal-government fourth-amendment home-arrest standing tenth-amendment warrantless-search |
Whether an individual can challenge a warrantless arrest inside a home by federal government agents under the 4th Amendment |
| 18-6509 |
John Tedesco v. Monroe County, Pennsylvania, et al. |
Third Circuit |
2018-10-30 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-rights double-jeopardy due-process heck-v-humphrey prosecutorial-immunity rooker-feldman-doctrine section-1983 standing younger-abstention |
Did Mr. Tedesco's complaint get dismissed with prejudice? |
| 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… |
| 18-6270 |
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… |
| 18-6251 |
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… |
| 18-6169 |
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 |
| 18-397 |
William G. Clowdis, Jr. v. Virginia Board of Medicine |
Virginia |
2018-09-28 |
Denied |
Response Waived |
administrative-law double-jeopardy due-process full-faith-and-credit medical-licensing modes-of-procedure sovereign-immunity subject-matter-jurisdiction ultra-vires |
Whether the Virginia Board of Medicine violated the Full Faith and Credit Clause by declaring a physician a convicted felon based on a felony charge t… |
| 18-6054 |
In Re Michael Boone |
|
2018-09-20 |
Dismissed |
IFP |
actual-innocence constitutional-rights double-jeopardy judge jury sentencing separation-of-powers statute-of-limitations statutory-offense substantive-due-process |
Is Petitioner Boone serving an unlawful/void sentence because it is a Substantive-Due-Process, Double-Jeopardy violation for a defendant to be punishe… |
| 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 |
| 18-6001 |
Demario Carman v. Georgia |
Georgia |
2018-09-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights double-jeopardy due-process fifth-amendment manifest-necessity mistrial-exception reasonableness trial-court trial-court-discretion |
Whether the protection against Double Jeopardy contained in the Fifth Amendment is an empty promise |
| 18-6017 |
William Robey v. Washington |
Washington |
2018-09-18 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment 5th-amendment 6th-amendment americans-with-disabilities-act conspiracy-against-rights constitutional-rights double-jeopardy due-process effective-assistance-of-counsel state-court-mandate void-ab-initio |
Is the KING COUNTY SUPERIOR COURT mandated to obey the Washington State Supreme court ruling of 1988- CrR 3.1(b)(2)? |
| 18-5991 |
Johnny Ray Bennett v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-09-14 |
Denied |
IFP |
civil-rights constitutional-scrutiny double-jeopardy due-process ex-post-facto habeas-corpus jurisdiction subject-matter-jurisdiction unlawful-detention |
Whether the 2002 enactments violate the ex-post-facto-clauses,whether the trier-of-fact lost-subject-matter-jurisdiction,whether ex-post-facto-violati… |
| 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… |
| 18-5966 |
Joseph Faulkner v. United States |
Seventh Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
criminal-prosecution double-jeopardy fifth-amendment law-of-case-doctrine law-of-the-case prosecution sentencing sentencing-enhancement uncharged-conduct witte-v-united-states |
Whether the use of uncharged conduct to increase a sentence means the conduct was used to punish, and a subsequent prosecution for the same conduct sh… |
| 18-5930 |
Timothy Walker v. United States |
Third Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
career-offender double-jeopardy drug-offense due-process guideline-amendments guideline-range post-sentencing-litigation sentencing sentencing-guidelines statutory-interpretation u.s.s.g. |
Does it comport with the Due Process Clause and the prohibition against Double Jeopardy to simultaneously impose two sentences for a drug offense and … |
| 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 |
| 18-5896 |
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 |
| 18-5864 |
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 … |
| 18-5854 |
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… |
| 18-5812 |
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 |
| 18-5795 |
Luis Antonio Ibarra v. United States |
Fifth Circuit |
2018-08-28 |
Denied |
Response WaivedIFP |
commerce-clause double-jeopardy felon-in-possession interstate-commerce legislative-history mens-rea statutory-interpretation |
Whether the Blockburger double jeopardy test is the sole test for double jeopardy analysis |
| 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'? |
| 18-5676 |
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? |
| 18-5714 |
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 |
| 18-5720 |
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… |
| 18-227 |
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… |
| 18-5710 |
Alejandro Amor v. United States, ex rel. Juan Pena, et al. |
Eleventh Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
double-jeopardy eighth-amendment election-of-remedies estoppel excessive-fines false-claims-act materiality res-judicata restitution seventh-amendment |
Whether the False Claims Act 31 U.S.C. 3729-33 (FCA), estoppel provision violates the Seventh Amendment of the Constitution |
| 18-5631 |
Steven M. Jacob v. Scott R. Frakes, Director, Nebraska Department of Correctional Services |
Eighth Circuit |
2018-08-17 |
Dismissed |
Response WaivedRelisted (2)IFP |
aedpa certificate-of-appealability constitutional-review double-jeopardy due-process habeas habeas-corpus jury-selection prejudice presumption-of-impartiality standard-of-review supreme-court-precedent voir-dire |
Was the Petitioner's demonstration sufficient to require de novo review under the Panetti v. Quarterman standard or the Johnson v. Williams standard, … |
| 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 |
| 18-200 |
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… |
| 18-5586 |
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… |
| 18-5540 |
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… |
| 18-5528 |
Brian Thurman v. United States |
Seventh Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
acquitted-conduct double-jeopardy due-process fifth-amendment sentencing sixth-amendment united-states-constitution |
Whether the District Court violated Mr. Thurman's Fifth and Sixth Amendment rights by increasing his sentence based on acquitted conduct |
| 18-5497 |
Timothy Edmun Johnson v. United States |
Tenth Circuit |
2018-08-07 |
Denied |
Response WaivedIFP |
armed-career-criminal-act controlled-substances criminal-history double-jeopardy drug-distribution federal-sentencing felony-possession occasions-different sentencing-enhancement separate-occasions serious-drug-offense |
Whether Oklahoma's crime of drug distribution is a 'serious drug offense' under the Armed Career Criminal Act when state law defines 'distribution' 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… |
| 18-5434 |
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 |
| 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… |
| 18-5309 |
Maurice McLain v. United States |
Fourth Circuit |
2018-07-20 |
Denied |
Response WaivedRelisted (2)IFP |
cooperator-testimony currier-v-virginia double-jeopardy double-jeopardy-clause jury-unanimity physical-evidence plea-agreement rico rico-prosecution rutledge-v-united-states santobello-v-new-york uncorroborated-testimony |
Whether the Double Jeopardy Clause and plea agreement were violated by a second prosecution,whether the verdict conflicts with physical evidence and r… |
| 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? |
| 18-82 |
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 |
| 18-5241 |
Victor Maturino v. United States |
Fifth Circuit |
2018-07-16 |
Denied |
Response WaivedIFP |
administrative-law commentary-amendments destructive-devices double-jeopardy due-process firearms firearms-possession guideline-commentary offense-level-increases rulemaking-authority sentence-enhancement sentencing-commission-process sentencing-guidelines statutory-interpretation |
Whether the Sentencing Commission may amend the commentary to the Sentencing Guidelines to create new categories of conduct that increase sentences wi… |
| 18-5206 |
Gary Dewayne Oatman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-11 |
Denied |
IFP |
6th-amendment actual-innocence certificate-of-appealability double-jeopardy due-process enhanced-sentence habeas-corpus ineffective-assistance-of-counsel prior-mistrial sentencing |
Whether a defendant can be actually innocent of a sentence in a non-capital case, whether a prior mistrial renders nugatory all prior proceedings, and… |
| 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… |
| 18-5153 |
Arthur Wayne Kniffley v. United States |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
ball-v-united-states blockburger-test child-pornography criminal-conviction double-jeopardy double-jeopardy,child-pornography,fifth-amendment, double-jeopardy,fifth-amendment,child-pornography, fifth-amendment mandatory-life-sentence mandatory-sentencing sentencing-discretion |
Whether a conviction for producing child pornography violates the Double Jeopardy Clause of the Fifth Amendment because the defendant was previously c… |
| 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 |
| 18-5064 |
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… |
| 18-5085 |
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… |
| 18-5027 |
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… |