effective-assistance-of-counsel

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6692 Ana Rosenda Mancio v. Lavelle Parker, Acting Warden Ninth Circuit 2026-02-03 Pending Response WaivedIFP constitutional-review due-process effective-assistance-of-counsel federal-habeas-review habeas-corpus strickland-standard 1. In applying Berger v. United States, 295 U.S. 78 (1935) to a Habeas Corpus Claim based on the State's unreasonable application of "characterized mi…
25-6359 Travis Tuggle v. United States Seventh Circuit 2025-12-15 Denied Response WaivedIFP effective-assistance-of-counsel fourth-amendment plain-view-doctrine sixth-amendment technological-advances unreasonable-search 1. Whether the petitioner's Sixth Amendment right to the effective assistance of counsel was infringed upon when counsel failed to argue that, in orde…
25-6094 Chimene Hamilton Onyeri v. United States Fifth Circuit 2025-11-13 Denied Response WaivedIFP effective-assistance-of-counsel evidentiary-hearing law-enforcement-testimony rico-conspiracy sixth-amendment trial-strategy I. Should a writ of certiorari be granted to determine whether a defendant is denied his Sixth Amendment right to conflict-free counsel where trial co…
25A206 Arthur Fayne v. United States Sixth Circuit 2025-08-21 Presumed Complete effective-assistance-of-counsel material-misrepresentation non-victim-compensation pro-se-representation restitution right-to-defense Whether a criminal defendant can seek post-conviction relief based on a supervening Supreme Court decision that undermines the legal theory supporting…
24-7132 Donovan Jacob Farr v. Texas Texas 2025-05-05 Denied Response WaivedIFP constitutional-validity criminal-procedure due-process effective-assistance-of-counsel guilty-plea plea-agreement Did the state court disregard this Court's precedent by upholding the constitutional validity of a guilty plea despite recognizing that undisputed fac…
24-7076 Delowar Mohammed Hossain v. United States Second Circuit 2025-04-25 Denied Response WaivedIFP classified-information criminal-defendant-rights due-process effective-assistance-of-counsel fifth-amendment sixth-amendment Whether a Fifth Amendment Due Process or Sixth Amendment effective assistance of counsel claim arises when security-cleared defense counsel are not gi…
24-1100 Ashu Joshi v. United States Eighth Circuit 2025-04-23 Denied Response Waived constitutional-challenge effective-assistance-of-counsel fifth-amendment marital-relationship sexual-exploitation tenth-amendment Whether the federal prosecution for sexual exploitation of a minor is unconstitutional as applied to a legally married couple under state law
24-6991 Jessica L. Morris v. Jeremy Howard, Warden Sixth Circuit 2025-04-15 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment sixth-amendment Whether certiorari is appropriate due to alleged constitutional violations in criminal proceedings
24-6513 Tavon Johnathon Magee v. Michigan Michigan 2025-02-10 Denied IFP actual-innocence constitutional-claims effective-assistance-of-counsel federal-standard habeas-relief sixth-amendment Has Petitioner Magee made a proper showing of actual innocence to have his constitutional claims addressed on the merits, and should the Supreme Court…
24-6215 Liston Watson v. United States Sixth Circuit 2024-12-30 Denied Response WaivedIFP 28-usc-2255 criminal-procedure effective-assistance-of-counsel federal-conviction plea-agreement post-conviction-relief Whether the right to effective assistance of counsel attaches during a 28 U.S.C. §2255 proceeding when counsel is communicating a plea agreement to th…
24-6105 Ryan Lewis Hilyard v. Wyoming Wyoming 2024-12-10 Denied Response WaivedIFP effective-assistance-of-counsel equal-protection federal-rules-of-evidence fourteenth-amendment procedural-default strickland-standard Did the Wyoming Supreme Court apply federal rules of evidence correctly and deny Mr. Hilyard's Fourteenth Amendment right to effective assistance of c…
24-6081 Christopher Zamarripa v. United States Fifth Circuit 2024-12-05 Denied Response WaivedIFP appeal-waiver criminal-procedure effective-assistance-of-counsel plea-agreement sentencing sixth-amendment Whether Zamarripa was denied effective assistance of counsel under the Sixth Amendment when his counsel advised him to accept a plea agreement that wa…
24-5954 In Re Tony Gooch 2024-11-12 Denied IFP constitutional-rights due-process effective-assistance-of-counsel monell-liability section-1983 writ-of-mandamus Whether a local government can be held liable under 42 U.S.C.S. 1983 for implementing unconstitutional policies that violate a defendant's constitutio…
24-5777 Daniel Loren Jenkins v. Erin Reyes, Superintendent, Two Rivers Correctional Institution Ninth Circuit 2024-10-17 Denied Response WaivedIFP attorney-client-privilege confidentiality constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment Whether Supreme Court precedent establishes an exception to attorney-client confidentiality privilege when defense counsel determines a need to disclo…
24-5644 Jose Moreno v. Jim Robinson Ninth Circuit 2024-09-26 Denied Response WaivedIFP actual-innocence aedpa-statute constitutional-error effective-assistance-of-counsel habeas-corpus legal-innocence Whether the actual-innocence exception to AEDPA's statute of limitations applies to legal or statutory innocence when an individual is convicted under…
24-271 Jerry Arnold Westrom v. Minnesota Minnesota 2024-09-10 Denied Response Waived confrontation-clause effective-assistance-of-counsel fourth-amendment reasonable-expectation-of-privacy shed-dna sixth-amendment Whether society recognizes a reasonable expectation of privacy in shed DNA under the Fourth Amendment and whether scientific testimony violates confro…
24-5123 Angel Sanchez v. Teresa Cisneros, Warden Ninth Circuit 2024-07-23 Denied Response WaivedRelisted (2)IFP calcrim-375 constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment prior-acts sixth-amendment Whether petitioner was denied his Sixth and Fourteenth Amendment right to due process and fair trial
23-7799 Esther Martin v. Indiana Indiana 2024-06-25 Denied Response WaivedIFP competency competency-to-stand-trial counsel-performance due-process effective-assistance-of-counsel ineffective-assistance intellectual-disability post-conviction post-conviction-proceedings sixth-amendment Whether counsel performed deficiently by failing to investigate and challenge an intellectually disabled defendant's competency based on known red fla…
23-7740 William H. Baker v. Angela Hunsinger-Stuff, Warden Sixth Circuit 2024-06-18 Denied IFP constitutional-rights due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment miscarriage-of-justice procedural-default sixth-amendment Whether the procedural default creates a miscarriage of justice that denies Petitioner his fundamental rights to due-process
23-1278 Tsai-Fen Lee v. Washington Washington 2024-06-06 Denied Response Waived appellate-review constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance personal-restraint plea-bargaining right-to-counsel voluntariness-of-plea Whether the trial court erred in accepting defendant's guilty plea when the plea was equivocal
23-1256 Donna Davis Javitz v. Luzerne County, Pennsylvania, et al. Third Circuit 2024-05-30 Denied civil-rights confrontation confrontation-rights due-process effective-assistance-of-counsel first-amendment-retaliation free-speech judicial-misconduct mistrial trial-fairness Whether the Petitioner was denied the constitutional right to a fair trial in a First Amendment retaliation case
23-7460 William Burton v. Brian Emig, Warden, et al. Third Circuit 2024-05-13 Denied IFP criminal-procedure effective-assistance-of-counsel evidentiary-stipulation fourteenth-amendment ineffective-assistance-of-counsel mccoy-v-louisiana plea-rights sixth-amendment strickland-standard Was Petitioner's Sixth and Fourteenth Amendment right to effective assistance of counsel violated?
23-7425 Orlando Bell v. United States District of Columbia 2024-05-08 Denied Response WaivedIFP compulsory-process conflict-of-interest criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment Was counsel ineffective in not using compulsory process for obtaining witnesses in the movant's favor?
23-7406 Bobby Rouse v. United States Fifth Circuit 2024-05-07 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance-of-counsel pro-se pro-se-representation sixth-amendment Is it a violation of appellant's Sixth Amendment constitutional rights for defense counsel to refuse to investigate the evidence and interview witness…
23-7302 In Re Michael A. Farrell 2024-04-24 Denied IFP 28-usc-2254d due-process effective-assistance-of-counsel equal-protection evidentiary-hearing fourteenth-amendment full-and-fair-hearing reasonable-doubt state-court Did the U.S. District Court violate petitioners XIV Amendment right to due-process, equal-protection, 28-usc-2254d
23-7278 Kasheen Samuels v. United States Second Circuit 2024-04-19 Denied Response WaivedIFP due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment-modification jury-instructions sixth-amendment Did the Second Circuit err in failing to find that Kasheen Samuels' Fifth Amendment rights to an indictment by a Grand Jury and due process and his Si…
23-7231 Bryan Christopher O'Rourke v. Oklahoma Oklahoma 2024-04-16 Denied IFP 18-usc-921a33b 18-usc-922g9 constitutional-rights domestic-violence effective-assistance-of-counsel firearms-prohibition ineffective-assistance misdemeanor-domestic-violence padilla-precedent padilla-v-kentucky second-amendment Whether counsel is constitutionally deficient for failing to notify a U.S. citizen of the loss of Second Amendment rights due to a misdemeanor domesti…
23-7084 Gregory S. Kudla v. Kenneth Black, Warden Sixth Circuit 2024-03-27 Denied Response WaivedIFP appellate-procedure arbitrary-enforcement constitutional-vagueness discriminatory-enforcement due-process effective-assistance-of-counsel fourteenth-amendment sixth-amendment vagueness Is the undefined, non-specific, ambiguous language used in Ohio's App-R.26(B)(2)(c) that results in arbitrary, inconsistent, and discriminatory enforc…
23-7000 Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-03-15 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection fifth-circuit-review ineffective-assistance-of-counsel jury-bias sex-crimes sixth-amendment Does a criminal defendant charged with sex-crimes have the same Constitutional rights as a defendant charged with non-sex-crimes?
23-6999 Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-15 Denied IFP constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy Is it permissible for counsel to unilaterally concede the actual charge act of the offense when guilt and punishment is the sole issue for the jury?
23-951 Gordon Blake v. Martin Gamboa, Warden Ninth Circuit 2024-03-01 Denied Response Waived constitutional-rights due-process effective-assistance-of-counsel ex-post-facto notice statute-of-limitations substantial-sexual-conduct vagueness Whether Ex Post Facto protections were denied by the extension of the state statute of limitations by an unforeseeable judicial interpretation of a st…
23-953 Brandon Michael Council v. United States Fourth Circuit 2024-03-01 Denied Amici (3) circuit-split competency criminal-procedure defendant-rights due-process effective-assistance-of-counsel federal-death-penalty judicial-discretion mental-competence trial-competency Whether a trial court may deem a defendant competent based solely on the unexplained, unsupported opinion of a defense expert or defense counsel
23-6658 Ricky Johnson, aka Rodney Knuckles v. Harold May, Warden Sixth Circuit 2024-02-02 Denied IFP civil-rights collateral-review constitutional-challenge constitutional-rights due-process effective-assistance-of-counsel judicial-review ohio-supreme-court post-conviction procedural-rules revocation-hearing Whether the petitioner was denied the right to a revocation hearing under Morrissey v. Brewer and Gagnon v. Scarpelli, and the right to effective assi…
23-6536 Kidada Savage v. United States Third Circuit 2024-01-23 Denied Response WaivedIFP attorney-conflict-of-interest conflict-of-interest constitutional-rights due-process effective-assistance-of-counsel prejudice sixth-amendment trial-court-inquiry Whether the Third Circuit erroneously extended Cuyler v. Sullivan
23-6464 Michael Edward Aguilar v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2024-01-11 Denied Response WaivedIFP appellate-review certificate-of-appealability constitutional-interpretation criminal-appeal criminal-code due-process effective-assistance-of-counsel sixth-amendment state-law statutory-ambiguity timeliness Whether the dismissal of a criminal appeal as untimely violates the Due Process Clause and the Sixth Amendment right to effective assistance of counse…
23-6460 Richard C. Duerson v. United States Sixth Circuit 2024-01-11 Denied Response WaivedIFP conspiracy criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel manifest-injustice newly-discovered-evidence pro-se rule-33 sixth-amendment supervisory-power whether-rule-33-criteria-override
23-6204 Angel Anthony Sanchez v. California California 2023-12-08 Denied IFP constitutional-rights due-process effective-assistance-of-counsel evidence-code fair-trial fifth-amendment fourteenth-amendment prior-acts-instructions sixth-amendment trial-procedure whether-petitioner-was-denied-his-fifth-sixth-and-fourteenth-amendment-rights-to-due-process-and-fair-trial
23-6108 Bryan Scott Cavett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-27 Denied IFP compulsory-process constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction trial-procedure Whether or not State violates an accused person's Due Process Rights when Texas High Court denies his State 11.07 Habeas Corpus, without written order…
23-564 Timothy Bing, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-27 Denied Response Waived due-process effective-assistance-of-counsel plea-bargaining plea-offer pretrial-investigation pretrial-motions sixth-amendment state-attorney Whether a policy by the State Attorney's Office which punished the petitioner for engaging in a pretrial investigation of his case as well as filing p…
23-444 Steven Lee Moss v. Gary Miniard, Warden Sixth Circuit 2023-10-27 Denied Response RequestedResponse WaivedRelisted (2) 6th-amendment counsel-denial cronic-exception effective-assistance-of-counsel ineffective-assistance prejudice sixth-amendment state-action strickland-standard strickland-v-washington united-states-v-cronic Whether, when counsel is physically present, state action is required before a court may find a complete denial of counsel under Cronic
23-5695 Stephen Michael Michuda v. Minnesota Minnesota 2023-10-03 Dismissed Response WaivedIFP civil-rights constitutional-violation due-process effective-assistance-of-counsel indigent-defendants indigent-rights ineffective-assistance procedural-bar public-defender public-defenders time-bar Is it unconstitutional for the State of Minnesota to block all avenues for indigent defendants against public defenders?
23-5677 Rodtravion Woods v. Brian Cates, Warden Ninth Circuit 2023-09-29 Denied Response WaivedIFP constitutional-rights credibility credibility-challenge effective-assistance-of-counsel government-witness habeas-corpus impeachment-evidence ineffective-assistance prejudice sixth-amendment trial-counsel Was petitioner prejudicially denied his constitutional right to the effective assistance of counsel
23-5574 Ramone L. Wright v. United States Sixth Circuit 2023-09-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel judicial-process notice-requirement self-representation sixth-amendment trial-preparation Whether the trial court's denial of the defendant's right to self-representation and effective assistance of counsel constitutes a violation of the Si…
23-5359 James Thomas Burke v. Nick Deml, Commissioner, Vermont Department of Corrections, et al. Second Circuit 2023-08-15 Denied Response WaivedIFP conflict-of-interest constitutional-rights criminal-procedure defense-counsel due-process effective-assistance effective-assistance-of-counsel right-to-counsel sixth-amendment Whether Americans are lawfully entitled to conflict free defense counsel?
23-5307 Curt Daniel Crowder v. Texas Texas 2023-08-09 Denied IFP appellate-process appellate-review constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance remedy right-to-counsel right-to-present-witnesses trial-procedure trial-process When a citizen is deprived of the right to present witnesses in his defense, and effective assistance of counsel, in both the trial and appellate proc…
23-5296 Leonel Marin-Torres v. United States Ninth Circuit 2023-08-07 Denied Response WaivedIFP criminal-justice-reform effective-assistance-of-counsel equitable-relief first-step-act guidelines-range ineffective-assistance pro-se-representation sentencing-guidelines sixth-amendment Whether a district court complies with Concepcion v. United States when deciding a First Step Act motion
23-5206 Francisco J. Castaneda v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-07-26 Denied Relisted (2)IFP civil-rights constitutional-rights criminal-convictions criminal-procedure detention-standards due-process effective-assistance-of-counsel interrogation-tactics law-enforcement police-questioning search-and-seizure Was the petitioner unlawfully detained?
23-5203 Ronald Marion Carpenter v. Wisconsin Wisconsin 2023-07-26 Denied Response WaivedIFP confrontation-clause confrontation-rights credibility criminal-procedure due-process effective-assistance-of-counsel fair-trial ineffective-assistance-of-counsel mental-health-records Did Carpenter have a fair trial, the right to confront witness on prior acts when there's only a he say she say trial on credibility of both the compl…
23A36 Jerry J. Davis, Jr. v. United States Sixth Circuit 2023-07-17 Presumed Complete 28-USC-2255 effective-assistance-of-counsel franks-issue habeas-corpus motion-to-suppress sixth-amendment Whether trial counsel's failure to adequately challenge inadmissible evidence through a meaningful motion to suppress, appellate counsel's failure to …
23-5003 Monty J. Banister v. Kansas Kansas 2023-06-30 Denied Response WaivedIFP criminal-procedure duty-to-consult effective-assistance-of-counsel ineffective-assistance notice-of-appeal post-conviction-relief roe-v-flores-ortega sixth-amendment trial-counsel Does this Court's decision in Roe v. Flores-Ortega establish a rebuttable presumption of Sixth Amendment duty to consult client post-conviction?
22-7895 Anthony James Merrick v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-06-29 Denied Response WaivedIFP actual-innocence certiorari-appeal civil-rights constitutional-violation due-process effective-assistance-of-counsel federal-court habeas-corpus ineffective-assistance standing Whether the trial court had a duty to put on the record a colloquy that the defendant knowingly, intelligently, and voluntarily waived his right to te…
22-7809 Brandy Bain Jennings v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-06-16 Denied IFP constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mitigation-evidence postconviction-proceedings postconviction-relief sixth-amendment strickland-standard strickland-v-washington Whether the Eleventh Circuit's analysis of ineffective assistance of counsel claims fails to protect the Sixth Amendment right to effective assistance…
22-7801 Immanuel Christian Price v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-06-16 Denied Response WaivedIFP 6th-amendment constitutional-claim counsel-performance due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mixed-representation plea-bargaining post-conviction-relief procedural-default standing Whether the defendant was entitled to effective assistance of counsel during the plea bargaining stage in a mixed form of representation
22-7652 Mark A. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-05-26 Denied Response WaivedRelisted (2)IFP constitutional-rights counsel-communication criminal-procedure deadline-extension effective-assistance-of-counsel ineffective-assistance missouri-v-frye plea-bargaining sixth-amendment Whether the Sixth Amendment duty to communicate a plea offer extends to communicating a plea offer deadline extension
22-7595 Arnoldo Navarette v. Vincent Horton, Warden, et al. Tenth Circuit 2023-05-18 Denied Response WaivedIFP criminal-procedure effective-assistance-of-counsel evidence ineffective-assistance-of-counsel sixth-amendment trial Whether the defendant's Sixth Amendment right to effective assistance of counsel was violated when his defense attorney failed to present certain evid…
22-1097 Don Fitzgerald Hancock v. United States District of Columbia 2023-05-10 Denied Response Waived confrontation-clause due-process effective-assistance-of-counsel plain-error religious-freedom religious-garment sixth-amendment witness-testimony Whether the Sixth Amendment right to confront and cross-examine witnesses was violated by allowing the sole witness to testify in a niqab
22-7426 George Donald Hatt, Jr. v. Washington Washington 2023-05-01 Denied IFP criminal-procedure effective-assistance-of-counsel informed-consent informed-decision mandatory-minimums offender-score plea-bargain plea-negotiations trial-strategy Does effective assistance of counsel in a plea bargain context requires that counsel actually and substantially assist a client in deciding whether to…
22-7364 Matthew Caleb Ross v. Texas Texas 2023-04-25 Denied IFP civil-rights community-supervision constitutional-rights criminal-procedure discovery due-process effective-assistance-of-counsel evidence-review habeas-corpus ineffective-assistance texas-court Whether the Court of Criminal Appeals of Texas erred in dismissing the petitioner's writ of habeas corpus due to community supervision not being revok…
22-7349 Thomas J. M. Goodin v. United States Fifth Circuit 2023-04-21 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-circuit habeas-corpus ineffective-assistance standing Whether the Fifth Circuit clearly erred by exceeding the limited scope of the COA analysis
22-7326 Quandraiko Hayes v. Mike Brown, Warden Sixth Circuit 2023-04-20 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment due-process effective-assistance-of-counsel ex-post-facto sentencing Whether the U.S. Court of Appeals for the Sixth Circuit unreasonably denied the petitioner's due-process, effective-assistance-of-counsel, cruel-and-u…
22-7267 Lloyd Leslie Kindred v. T. Cisneros, Warden Ninth Circuit 2023-04-13 Denied IFP 6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment Whether the 6th Amendment of the U.S. Constitution was violated by the state court's finding that the petitioner's trial counsel was reasonably effect…
22-7256 Mickey Wahl v. Kris Mayes, Attorney General of Arizona, et al. Ninth Circuit 2023-04-11 Denied IFP certificate-of-appealability constitutional-rights effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel ninth-circuit sixth-amendment uncertified-issues Whether Mr. Wahl was denied his right to effective assistance of counsel in violation of the Sixth & Fourteenth Amendments?
22-7173 Marty Tarell Gaston v. North Carolina Fourth Circuit 2023-04-03 Denied IFP constitutional-rights due-process effective-assistance-of-counsel fair-trial motion-for-appropriate-relief state-court state-laws Did the North Carolina State Superior Court deny this Petitioner actual justice in the face of established 'State laws allowing the filing of a second…
22-7122 Quintel West v. Fredeane Artis, Acting Warden Sixth Circuit 2023-03-27 Denied Response WaivedIFP due-process effective-assistance-of-counsel expert-testimony fourth-amendment probable-cause prosecutorial-misconduct reckless-driving sixth-amendment warrantless-arrest Whether the petitioner's warrantless arrest was consistent with the Fourth Amendment?
22-7000 Nickless Whitson v. United States Sixth Circuit 2023-03-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ex-post-facto fair-trial prosecutorial-misconduct right-to-counsel sixth-amendment Does the Sixth Amendment of the United States Constitution still guarantee a criminal defendant the right to effective assistance of counsel, to prote…
22-850 Jacqueline Graham v. United States Second Circuit 2023-03-08 Denied Response Waived effective-assistance-of-counsel party-presentation-rule plea-bargaining sixth-amendment united-states-v-sineneng-smith waiver Whether a defendant waives her Sixth Amendment claim by not asking the trial court to reinstate a plea offer that expired before her counsel conveyed …
22-6939 Francisco Flores v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-06 Denied IFP appellate-procedure circuit-court constitutional-rights due-process effective-assistance-of-counsel federal-appeals federal-review habeas-corpus mailbox-rule procedural-default Whether a state habeas petitioner's pleading was timely filed under the mailbox rule
22-6874 Anael Sainfil v. United States Second Circuit 2023-02-28 Denied Response WaivedIFP body-armor-enhancement due-process effective-assistance-of-counsel insufficient-evidence jackson-v-virginia miranda-rights miranda-v-arizona sixth-amendment May this Court's decision in Jackson v. Virginia be applied to set aside the conviction in this case?
22-6781 Samuel Adkins v. Texas Texas 2023-02-14 Denied IFP attorney-client-relationship criminal-trial effective-assistance-of-counsel habeas-corpus ineffective-assistance pre-trial-proceedings sexual-abuse sixth-amendment trial Did the state court err in holding that the petitioner's Sixth Amendment right to effective assistance of counsel was not violated?
22-6670 Jimmy Ray Lacy, Jr. v. Chandler Cheeks Sixth Circuit 2023-02-01 Denied Response WaivedIFP brady-v-maryland brady-violation due-process effective-assistance-of-counsel fair-trial fourteenth-amendment jailhouse-informant prosecutorial-misconduct sixth-amendment Was Jimmy Ray Lacy Jr. denied a fair trial under the fourteenth amendment
22-6680 Michael Stapleton v. United States Eleventh Circuit 2023-02-01 Denied Response RequestedResponse WaivedRelisted (3)IFP aiding-and-abetting alien-smuggling circuit-split defective-indictment due-process effective-assistance-of-counsel jurisdiction pro-se-rights sixth-amendment Was the indictment defective?
22-6592 James Stacey Harber v. United States Fifth Circuit 2023-01-23 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance plea-bargaining section-2255 sentencing Was Mr. Harber denied the effective-assistance-of-counsel,due-process,criminal-procedure,habeas-corpus,certificate-of-appealability,sentencing
22-6435 Willie Tyrone Shipley v. D. Holbrook Ninth Circuit 2022-12-30 Denied Response WaivedIFP civil-rights confrontation constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence fourteenth-amendment prosecutorial-discretion sixth-amendment witness-testimony Whether the defendant was deprived of his right to confrontation and due process under the Sixth and Fourteenth Amendments when the district attorney …
22-6436 Timothy D. Robertson v. Illinois Illinois 2022-12-30 Denied IFP due-process effective-assistance-of-counsel post-conviction-petition prior-conviction reversal sentencing sentencing-error sixth-amendment Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when the trial court failed to conduct a hearing on the…
22-6403 Marco D. Martin v. Fredeane Artis, Acting Warden Sixth Circuit 2022-12-28 Denied Response WaivedIFP due-process effective-assistance-of-counsel electronic-monitoring ex-post-facto lifetime-electronic-monitoring plea-bargaining plea-offer sixth-amendment whether-petitioner-was-denied-constitutional-rights
22-6221 Oscar J. Martinez-Hernandez v. United States First Circuit 2022-12-05 Denied Response WaivedIFP conflict-of-interest due-process effective-assistance-of-counsel fifth-amendment prosecutorial-misconduct sixth-amendment Whether former prosecutor's defense of defendant under same indictments violates 18 U.S.C. § 207 and defendant's constitutional rights
22-6180 Alvaro Noe Mendoza-Valencia v. Oregon Oregon 2022-11-30 Denied Response WaivedIFP attorney-client-relationship criminal-trial due-process effective-assistance-of-counsel ineffective-assistance jury-trial right-to-counsel sixth-amendment substitution-counsel Can a state trial court deny a criminal defendant's request for substitution counsel without any reasonable inquiry into trial counsel's performance, …
22-6149 Edgar Arellano v. California California 2022-11-23 Denied IFP assistance-of-counsel constitutional-rights criminal-justice-reform effective-assistance-of-counsel fourteenth-amendment mitigating-evidence senate-bill-1333 sentencing sentencing-hearing sixth-amendment Whether a re-sentencing hearing under the new First Step Act entitles a defendant to the right to effective assistance of counsel under the Sixth and …
22-5955 Christopher Wade v. Florida Florida 2022-11-01 Denied IFP 14th-amendment 6th-amendment civil-rights conflict-of-interest constitutional-rights counsel-rights due-process effective-assistance effective-assistance-of-counsel petitioner-claims trial-court Did the petitioner's 14th Amendment rights to effective assistance of counsel under the U.S. Constitution and 6th Amendment due process rights under t…
22-5846 Michael Pacelli v. United States Fourth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment due-process effective-assistance-of-counsel exclusionary-rule fourth-amendment ineffective-assistance jurisdiction search-and-seizure statute-of-limitations warrantless-search Can a law enforcement agency seize evidence or record private phone calls without a warrant, and then use the gathered evidence against a defendant?
22-5862 Gregory Ramos v. United States Second Circuit 2022-10-18 Denied Response WaivedIFP appeal constitutional-right criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel second-circuit sixth-amendment Whether the Second Circuit's determination that Petitioner was not denied his right to the effective assistance of counsel consistent with the Sixth A…
22-5724 In Re Chad Small 2022-09-30 Denied IFP compliance-with-rules constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel knowingly-intelligently-voluntarily parties-to-proceeding sixth-amendment WHETHER PETITIONER WAS DENIED HIS 6TH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL
22-5673 Juan Amaya Lozano v. Fredrick Entzel, Warden Eighth Circuit 2022-09-26 Denied IFP abuse-of-discretion criminal-procedure due-process effective-assistance-of-counsel interpreter-rights limited-english-proficiency sentencing sentencing-discretion sixth-amendment Whether the District Court abused its discretion in failing to provide a Spanish interpreter during critical stages of the defendant's defense
22-5506 Kacey Lewis v. Angel Quiros, Commissioner, Connecticut Department of Correction Connecticut 2022-09-02 Denied Response WaivedIFP appellate-procedure appellate-review criminal-procedure criminal-trial due-process effective-assistance-of-counsel fair-trial habeas-corpus judicial-discretion state-court-proceedings Whether the petitioner was deprived of his rights to a fair trial
22-5356 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
22-5165 Daniel Boos v. Jermaine White, Warden Eleventh Circuit 2022-07-22 Denied Response WaivedIFP constitutional-rights criminal-procedure cumulative-error cumulative-prejudice due-process effective-assistance-of-counsel ineffective-assistance sixth-amendment trial-counsel trial-errors Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to multiple errors by trial counsel, which cumulati…
21-8261 Elgin Z. Haynie v. Ohio Ohio 2022-06-29 Denied IFP appeal conviction due-process effective-assistance-of-counsel pro-se-representation sentencing Whether a state court of appeals violates due process when a defendant is denied the right to appeal their conviction and effective assistance of coun…
21-8279 Randy William Gay v. Arkansas Arkansas 2022-06-29 Denied IFP capital-defendant capital-punishment effective-assistance-of-counsel fair-jury fourteenth-amendment ineffective-assistance-of-counsel jury-selection sixth-amendment voir-dire Whether a capital defendant's Sixth and Fourteenth Amendments rights to a fair and impartial jury and to the effective assistance of counsel are viola…
21-8188 Joe Davis, Jr. v. Florida Florida 2022-06-21 Denied IFP client-advice constitutional-rights criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client whether acceptance or rejection of a pl…
21-8174 Scott Svoboda v. Ohio Ohio 2022-06-17 Denied IFP attorney-client-privilege attorney-client-relationship confiscation criminal-procedure effective-assistance-of-counsel prosecutorial-misconduct right-to-counsel sixth-amendment trial-strategy Whether a criminal defendant is denied his right to the effective assistance of counsel
21-1562 Jermel Leon Reed v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2022-06-14 Denied Response Waived 14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment grand-jury grand-jury-indictment ineffective-assistance-of-counsel sixth-amendment Was Reed's right to a grand jury indictment secured by the Fourteenth and Fifth Amendment to the United States Constitution violated when Reed was not…
21-8023 Xingfei Luo v. California California 2022-06-01 Denied IFP content-based-restriction content-based-restrictions dating-relationship effective-assistance-of-counsel first-amendment fourteenth-amendment nude-photography nudity privacy privacy-expectation Where an individual does not have a reasonable expectation of privacy in an image, the State's interest in protecting the individual's privacy interes…
21-7995 Joseph Kurz v. Tim Hooper, Warden Fifth Circuit 2022-05-27 Denied Response WaivedIFP constitutional-amendments criminal-procedure due-process effective-assistance-of-counsel ex-post-facto fifth-circuit fourteenth-amendment reasonable-jurists sixth-amendment Whether reasonable jurists would determine there was sufficient evidence to support convictions
21-7838 Leonardo Divinci Larck v. United States Eleventh Circuit 2022-05-11 Denied Response WaivedIFP communication-failure constitutional-rights criminal-procedure effective-assistance-of-counsel ineffective-assistance-of-counsel lapsed-plea-offer plea-bargaining plea-offer sixth-amendment Does the Sixth Amendment right to effective assistance of counsel require counsel to communicate a client's inquiry/response to a formal plea offer?
21-7825 Charles Wycuff v. Ed Sheldon, Warden Sixth Circuit 2022-05-10 Denied Response WaivedIFP constitutional-amendments due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment miscarriage-of-justice procedural-default sixth-amendment Whether the procedural default creates a miscarriage of justice that denies Petitioner his fundamental rights
21-7797 Michael G. Peters v. Texas Medical Board Fifth Circuit 2022-05-06 Dismissed IFP administrative-law administrative-procedure agency-action breakdown-of-communication criminal-procedure due-process effective-assistance-of-counsel judicial-review right-to-counsel sixth-amendment statutory-interpretation substitute-counsel Whether the Sixth Amendment right to effective assistance of counsel requires courts to appoint substitute counsel when a defendant demonstrates a com…
21-7752 William Edward Gray v. Arkansas Arkansas 2022-04-29 Denied Response WaivedIFP appellate-review burden-of-proof due-process effective-assistance-of-counsel procedural-default sixth-amendment Whether trial counsel's failure to properly preserve error for appellate review constituted ineffective assistance
21-7743 Matthew J. Kidder v. Nebraska Nebraska 2022-04-28 Denied Response WaivedIFP constitutional-rights counsel criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance sentencing sixth-amendment state-court-jurisdiction Is the State Court required to hear and make a determination on the Petitioner's U.S. Constitutional Sixth and Fourteenth Amendment right to effective…
21-7731 Alonzo Bell v. Illinois Illinois 2022-04-27 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence evidence-exclusion judicial-discretion proportionate-penalties sentencing Whether the Appellate Court abused its discretion in admitting social media evidence
21-7639 Elizabeth Carley v. Dwight Neven, Warden, et al. Ninth Circuit 2022-04-18 Denied Response WaivedIFP constitutional-interpretation constitutional-law effective-assistance-of-counsel fourth-amendment search-and-seizure sixth-amendment statutory-interpretation supreme-court-precedent Whether the Fourth Amendment search and seizure issues and Sixth Amendment effective assistance of counsel issues were correctly interpreted, or contr…
21-7607 Devunaire Damorea Sims v. Michigan Michigan 2022-04-13 Denied IFP appellate-counsel due-process effective-assistance-of-counsel evidentiary-hearing fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-hearing sixth-amendment Did the Michigan Supreme Court err in denying this issue when Petitioner was denied his Sixth Amendment right to the effective assistance of counsel w…
21-7572 Rebekah Rachell Shropshire v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-04-07 Denied IFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel fair-trial right-to-present-a-defense Whether the trial court's failure to allow the defendant to present evidence and argument that was crucial to her defense violated her constitutional …
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…
21-7492 In Re Jonathan Manwell 2022-03-29 Denied IFP appellate-review confrontation constitutional-rights counsel-of-choice criminal-procedure discovery due-process effective-assistance-of-counsel forensic-evidence impartial-tribunal Does petitioner have a constitutional right to located and confirmed exculpatory forensic evidence, transcripts, and documents necessary for a meaning…
21-7456 Robert Earl Rowles v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-03-25 Denied IFP criminal-procedure effective-assistance-of-counsel evidentiary-hearing florida-law ineffective-assistance outcome-of-proceeding post-conviction reasonable-probability right-to-counsel sixth-amendment strategic-decision Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights to counsel where counsel's r…
21-7401 Harold Edwards v. Nevada, et al. Ninth Circuit 2022-03-17 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment habitual-sentence liberty-interest sixth-amendment state-court state-procedure Did the state district court judge's failure to abide by Nevada's state procedural laws violate my constitutionally protected liberty interest, Fourte…
21-7249 Jacob Ivan Hill v. United States Fourth Circuit 2022-03-02 Denied Response WaivedIFP capital-punishment civil-rights due-process effective-assistance-of-counsel ineffective-assistance mitigating-evidence prosecutorial-misconduct right-to-counsel self-defense sentencing-phase sixth-amendment Whether the failure of Tezai Covnser's to Jueoerm fys Cizenr Juwr He feces fh 'Menanrony' Lee Seusence Le He Cnwases To bo to Tarn) & hse, Nor fi elro…
21-7218 Ryan Antonio Matthews v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-28 Denied Relisted (2)IFP due-process effective-assistance-of-counsel fifth-circuit-court fifth-circuit-court-of-appeals ineffective-assistance-of-counsel juvenile-certification precedent precedential-analysis standard-of-review Did Petitioner establish that jurists of reason could debate whether he was deprived of his right to the effective assistance of counsel at his juveni…
21-7189 Deimeyon Xavier Allen v. Vance Laughlin, Warden Georgia 2022-02-24 Denied Response WaivedIFP appeal certificate-of-probable-cause due-process effective-assistance-of-counsel right-to-be-present subpoena Is the Petitioner afforded due process when filing his Application For Certificate Of Probable Cause?
21-7117 Frederick Allen v. United States Fifth Circuit 2022-02-15 Denied Response WaivedIFP civil-rights constitutional-rights due-process effective-assistance-of-counsel government-misconduct ineffective-assistance-of-counsel judicial-misconduct judicial-misrepresentation plagiarism witness-testimony Was Frederick Muse's constitutional right to due process violated when the district court plagiarized a 31-count word-for-word/comma-for-comma misrepr…
21-1072 Steven Carrol DeMocker v. Arizona Arizona 2022-02-02 Denied Response Waived constitutional-rights criminal-defense due-process effective-assistance-of-counsel federal-question implausible-defense ineffective-assistance-of-counsel legal-strategy right-to-counsel third-party-culpability Whether offering an implausible third-party culpability defense violates a defendant's right to the effective assistance of counsel
21-7026 Nehemias Samayoa v. United States District of Columbia 2022-02-01 Denied Response WaivedIFP appeal appeal-withdrawal civil-rights coercion dual-sovereignty due-process effective-assistance-of-counsel federal-jurisdiction indigent-defendant standing state-court-judgment Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint new counsel to represent an indigent defendant who wi…
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…
21-6759 Darla Ray Jones v. D. K. Johnson, Warden Ninth Circuit 2022-01-05 Denied Response WaivedIFP conflict-of-interest criminal-defendant criminal-threats drug-possession due-process effective-assistance-of-counsel forgery habeas-corpus prosecution prosecutorial-misconduct Is a criminal defendant deprived of the effective assistance of counsel due to her lawyer's conflict of interest?
21-6757 Dimitar Petlechkov v. United States Sixth Circuit 2022-01-04 Denied Response WaivedIFP certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment first-amendment judicial-review judicial-reviewability perjury sixth-amendment Is judicial reviewability of a trial attorney's failure to impeach a key prosecution witness with regard to the most critical and material aspect of t…
21-6700 Tremaine Rashon Wray v. Dennis Bush, Warden Fourth Circuit 2021-12-22 Denied Response WaivedIFP appellate-procedure constitutional-rights due-process effective-assistance-of-counsel expert-witness forensic-evidence fourteenth-amendment ineffective-assistance-of-counsel post-conviction-review sixth-amendment whether Petitioner was denied his Sixth Amendment right to effective assistance of counsel and Fourteenth Amendment Due Process right to a fair trial
21-6564 Anthony Cruz v. California California 2021-12-13 Denied IFP civil-procedure civil-rights conclusion constitutional-provisions due-process effective-assistance-of-counsel jurisdiction reasons-for-granting standing statement-of-case writ Was my request for motions acknowledged - Hearing my Proceedings of Court
21-6588 Amy Bishop Anderson v. Deidra Wright, Warden, et al. Eleventh Circuit 2021-12-13 Denied Response WaivedRelisted (2)IFP certificate-of-appealability claim-exhaustion cumulative-error effective-assistance-of-counsel exhaustion-of-remedies habeas-corpus ineffective-assistance-of-counsel merits-determination voluntariness-of-plea voluntary-plea Whether the 11th Circuit Court used a merits determination to deny my certificate of appealability in violation of federal court holdings
21-6363 Diane Arellano v. Jeremy Howard, Warden Sixth Circuit 2021-11-22 Denied Response WaivedIFP 6th-amendment appellate-review civil-rights constitutional-violation criminal-procedure cumulative-effect-of-error due-process effective-assistance-of-counsel ineffective-counsel miranda-rights sixth-amendment Does it violate her right to a speedy trial
21-754 Travis Levi Parrott v. Murray Tatum, Warden Georgia 2021-11-22 Denied Response Waived appeal-denial certificate-of-appealability certificate-of-probable-cause constitutional-right effective-assistance-of-counsel extraneous-evidence georgia-supreme-court habeas-corpus ineffective-assistance-of-counsel prior-convictions procedural-default Whether the Georgia Supreme Court Erred in Denying Mr. Parrott's Application for Certificate of Probable Cause to Appeal the Denial of His Petition fo…
21-6227 Misael Cordero v. Jonathan Gramp, Administrator, East Jersey State Prison Third Circuit 2021-11-09 Denied IFP circuit-split due-process effective-assistance-of-counsel false-testimony government-misconduct habeas-corpus ineffective-assistance-counsel sixth-amendment Whether a due process violation occurs when the government knowingly uses false testimony even if the defense knows of the false testimony
21-6001 Terence Tramaine Andrus v. Texas Texas 2021-10-19 Denied Amici (8)Relisted (17)IFP capital-case criminal-procedure death-penalty effective-assistance-of-counsel habeas-corpus ineffective-assistance sixth-amendment stare-decisis strickland-v-washington vertical-stare-decisis Whether the Texas court rejected this Court's conclusions in Andrus v. Texas and disregarded the Court's express guidance for conducting a prejudice a…
21-500 Francis Finster v. New York New York 2021-10-05 Denied constitutional-rights due-process effective-assistance-of-counsel equal-protection fraud-upon-the-court mode-of-proceedings-error waiver-of-indictment Whether the state trial court's failure to adhere to procedural requirements of the waiver of indictment process constitutes a mode of proceedings err…
21-431 Grant Lloyd Greenwood v. Minnesota Minnesota 2021-09-21 Denied Response Waived due-process effective-assistance-of-counsel fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment Whether a defendant's Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Amendment right to due process, are violated
21-408 Gertrude Parker v. United States Fifth Circuit 2021-09-15 Denied Response Waived conspiracy-charge criminal-intent criminal-procedure effective-assistance-of-counsel general-verdict insufficient-evidence jury-verdict medicare medicare-statutes reasonable-interpretation sixth-amendment Whether Parker was denied effective assistance of counsel
21-5546 Fernando Rodriguez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-01 Denied IFP conflict-of-interest counsel-switching due-process effective-assistance-of-counsel fifth-circuit fifth-circuit-review ineffective-assistance prosecutorial-ethics state-court state-legislature Whether the Fifth Circuit erred in deferring to the state court's ruling that Mr. Rodriguez was not prejudiced by his counsel switching sides in the s…
21-5539 James Takchuan Woo v. Colorado Colorado 2021-08-31 Denied IFP constitutional-rights continuance-request discovery-violation discovery-violations effective-assistance-of-counsel fair-trial harmless-error right-against-unlawful-search unlawful-search video-surveillance Whether the Colorado Court of Appeals erred in concluding that Woo's constitutional rights to effective-assistance-of-counsel, fair-trial, right-again…
21-5541 Dan Kenny Delva v. United States Eleventh Circuit 2021-08-31 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel joint-trial right-to-counsel severance sixth-amendment trial-severance Whether Mr. Delva was denied effective assistance of counsel
21-5377 Alexander Ascencio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-16 Denied IFP due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus jackson-v-virginia sixth-amendment sufficiency-of-evidence watson-v-state Whether the lower court denied petitioner due process
21-5257 Jermaine Latwone Haynes v. Willis Chapman, Warden Sixth Circuit 2021-07-29 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial ineffective-assistance self-defense sentencing-mitigation Was Petitioner Denied His Constitutional Right To The Effective Assistance Of Counsel and A Fair Trial Proceeding
21-5236 Manvester Evans, III v. Georgia Georgia 2021-07-28 Denied IFP abandonment-of-counsel appellate-review constitutional-rights criminal-trial due-process effective-assistance-of-counsel ineffective-assistance out-of-time-appeal right-to-appeal right-to-counsel trial-court-discretion Whether the defendant's due process right to appeal was violated when the state of Georgia denied his right to file an out-of-time appeal?
21-5093 Stephen Dale Barbee v. Texas Texas 2021-07-15 Denied IFP autonomy-right capital-defendant capital-punishment effective-assistance-of-counsel florida-v-nixon habeas-corpus habeas-review ineffective-assistance mccoy-v-louisiana sixth-amendment trial-counsel Whether the state court's decision to foreclose habeas review of a capital defendant's claim under McCoy v. Louisiana contravenes federal law
20-8444 Dustin Melvin Davison v. Oklahoma Oklahoma 2021-06-29 Denied IFP autonomy constitutional-rights criminal-procedure defendant-autonomy defense-counsel due-process effective-assistance-of-counsel guilt-concession right-to-counsel sixth-amendment trial-strategy Is it unconstitutional to allow defense counsel to concede any aspect of guilt over defendant's unambiguously expressed desire to maintain actual inno…
20-8400 Daryl Wendell Barley v. United States Fourth Circuit 2021-06-24 Denied Response WaivedIFP clear-and-convincing-evidence criminal-procedure effective-assistance-of-counsel evidence-standard first-step-act preponderance-of-evidence relevant-conduct sec-404 sentencing-reduction sixth-amendment Whether the 'clear and convincing evidence standard' should be used instead of the 'preponderance of evidence standard' when determining the relevant …
20-8207 Bernier Gerard Jackson v. Florida Florida 2021-06-02 Denied IFP best-interest constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer professional-responsibility right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client to accept a plea offer which is clearly…
20-1649 Ronald Jeremy Hyatt v. California California 2021-05-26 Denied confrontation-clause due-process effective-assistance-of-counsel fourteenth-amendment preliminary-hearing sixth-amendment witness-disclosure Whether the prosecution may refuse to disclose the names and address of the 23 victims and additional witnesses it intends to call at petitioner's pre…
20-8125 Raymundo Eusebio-Noriega v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2021-05-25 Denied Response WaivedIFP court-appointed-counsel due-process effective-assistance-of-counsel evidentiary-hearing habeas-corpus language-barrier miranda-rights motion-to-suppress self-incrimination voluntariness-of-statements Where petitioner was denied Court appointed counsel
20-8068 Stephen Mark McDaniel v. Edward Philbin, Warden Georgia 2021-05-18 Denied Response WaivedRelisted (2)IFP certificate-of-probable-cause constitutional-rights due-process effective-assistance-of-counsel guilty-plea habeas-corpus ineffective-assistance plea-voluntariness weatherford-v-bursey Did the Supreme Court of Georgia abuse its discretion by refusing to grant a Certificate of Probable Cause to review the judgment of the Habeas Court?
20-8035 James W. Moore v. Ohio Ohio 2021-05-14 Denied IFP 14th-amendment burden-of-proof castle-doctrine due-process duty-to-retreat effective-assistance-of-counsel fourteenth-amendment jury-instructions self-defense Is Ohio's Castle Doctrine unconstitutional?
20-8038 Shawn Grate v. Ohio Ohio 2021-05-14 Denied Relisted (2)IFP capital-punishment criminal-defendant criminal-defense death-penalty due-process effective-assistance-of-counsel ineffective-assistance-of-counsel insanity-defense mental-health mitigation Whether a criminal defendant is deprived of the constitutional right to effective assistance of counsel and due process if trial counsel withdraws an …
20-7801 Cody Lee Herman v. United States Sixth Circuit 2021-04-19 Denied Response WaivedIFP and sentencing stages plea constitutional-rights conviction criminal-procedure effective-assistance-of-counsel ineffective-assistance plea-bargaining plea-stage plea-stages pro-se-objections right-to-counsel sentence sentencing sentencing-stage Whether Petitioner's Right to the Effective Assistance of Counsel Was Violated During the Pretrial and Plea Stages
20-7785 Kevino Graham v. United States Third Circuit 2021-04-15 Denied Response WaivedIFP constitutional-vagueness criminal-procedure criminal-statute due-process effective-assistance-of-counsel human-trafficking sixth-amendment statutory-interpretation vagueness Whether petitioner Graham was denied his Sixth Amendment right to effective assistance of counsel when counsel failed to challenge
20-7739 Patrick J. Gage v. Reed A. Richardson, Warden Seventh Circuit 2021-04-14 Denied IFP constitutional-rights effective-assistance-of-counsel good-faith habeas-corpus reasonable-decision sixth-amendment state-criminal-defendants state-criminal-procedure Does habeas corpus exist for state criminal defendants?
20-7709 Alvin Henry v. United States Third Circuit 2021-04-09 Denied Response WaivedIFP brady-material brady-v-maryland due-process effective-assistance-of-counsel giglio-disclosure giglio-v-united-states prejudice-standard reasonable-probability third-circuit trial-counsel trial-procedure Whether the Third Circuit's focus on trial counsel's effective use of Brady/Giglo material at trial is consistent with this Court's uniform precedent …
20-7616 Deshun Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-03-31 Denied IFP constructive-denial cronic cronic-standard effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions sentencing sixth-amendment trial-counsel trial-strategy Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury t…
20-7583 Thomas Mark Hild v. Colorado Colorado 2021-03-26 Denied IFP 6th-amendment autonomous-rights constitutional-procedure criminal-justice defendant-rights due-process effective-assistance effective-assistance-of-counsel habitual-criminal plea-bargaining plea-negotiations prior-convictions Whether there is a constitutional requirement that counsel engage in plea negotiations with prosecuting authorities to provide effective assistance an…
20-1314 Joshua Gregory Richardson v. United States Fourth Circuit 2021-03-22 Denied Response Waived constitutional-rights effective-assistance-of-counsel evidence-suppression ineffective-assistance-of-counsel investigation legal-procedure paid-citation sixth-amendment traffic-stop unlawful-search Whether Counsel's decision not to suppress evidence unlawfully seized from a traffic stop because a traffic citation was paid, then relying on that pa…
20-1302 Casey A. McWhorter v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2021-03-19 Denied 28-U.S.C-2254(d)(2) constitutional-rights criminal-defendant death-penalty-mitigation effective-assistance-of-counsel federal-review habeas-corpus impartial-jury ineffective-assistance jury-bias McDonough-Power-Equipment-v-Greenwood mitigation-evidence Whether a federal court violates 28-U.S.C-2254(d)(2) in determining state court's factual findings
20-1236 Jason Avery Anderson v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2021-03-08 Denied as-applied-challenge constitutional-challenge cruel-and-unusual-punishment due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment sixth-amendment va-code-18.2-361 va-code-18.2-366 Is Anderson being subjected to cruel and unusual punishment in violation of the Eighth Amendment because Va. Code Sections 18.2-361 and 18.2-366 are u…
20-7350 Adam DeVore v. Ohio Ohio 2021-03-05 Denied IFP due-process effective-assistance-of-counsel fourteenth-amendment government-misconduct indictment-misconduct manifest-miscarriage-of-justice sixth-amendment waiver-of-indictment Whether the service of a fake indictment and threats to foster a child constitutes a due process violation
20-7259 Juan Garcia v. United States Tenth Circuit 2021-02-26 Denied Response WaivedIFP certificate-of-appealability compulsory-process constitutional-rights criminal-procedure district-court due-process effective-assistance-of-counsel section-2255 sixth-amendment Was petitioner denied his Constitutional right to effective assistance of counsel during his trial, that is guaranteed by the Sixth Amendment of the U…
20-7252 John Raymond Travis v. California California 2021-02-25 Denied IFP capital-punishment cruel-and-unusual-punishment due-process effective-assistance-of-counsel fifth-amendment jury-instructions mitigating-factors sixth-amendment Whether a trial court may preclude all counsel from referencing the word 'mercy' during argument to the jury in the sentencing phase of a capital tria…
20-7053 Hector Manuel Torres v. Texas Texas 2021-02-05 Denied IFP effective-assistance-of-counsel equal-protection fourteenth-amendment ineffective-assistance plea-bargain retroactivity sixth-amendment strickland-standard Whether the ruling in Ghaidez V United States deprives certain people of the right to equal protection by allowing defense counsel to withhold a vital…
20-7009 Mark Rudolph Arsenio Reed v. Robert Toole, Warden, et al. Eleventh Circuit 2021-02-02 Denied Response WaivedRelisted (2)IFP civil-rights due-process effective-assistance-of-counsel equal-protection first-amendment fourteenth-amendment indigent-defendant motion-in-arrest sixth-amendment standing Whether an indigent defendant has standing to claim a deprivation of the First Amendment right to petition the court
20-6856 Lavon Oden v. Neil Turner, Warden Sixth Circuit 2021-01-14 Denied Response WaivedRelisted (2)IFP confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment Was LaVon Oden's Sixth Amendment right to confront witnesses violated?
20-6711 Pat Dee Leatherman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-12-29 Denied IFP 5th-amendment civil-rights due-process effective-assistance-of-counsel exculpatory-evidence fifth-amendment obstruction-of-justice prosecutorial-misconduct standing Whether the defendant's statement was clearly used against him in violation of the 5th Amendment
20-6705 Ian LaMonte Cormier v. James Comey, et al. Ninth Circuit 2020-12-23 Denied IFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Whether the court's placement of the defendant's boss on the stand to testify about the defendant's phone call to his boss constitutes a violation of …
20-6686 Benjamon Ray Stewart v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-12-22 Denied IFP appeal appellate-jurisdiction civil-rights constitutional-rights counsel-appointment due-process effective-assistance-of-counsel federal-criminal-procedure habeas-corpus standing supreme-court-review Whether the Texas' 'procedural' scheme for addressing claims of ineffective assistance of trial counsel on direct appeal denies petitioner his fundame…
20-6619 Pedro Carrasco, Jr., aka Pedro Carrasco v. United States Ninth Circuit 2020-12-14 Denied Response WaivedRelisted (2)IFP appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial …
20-6597 John Aguilar v. Willis Chapman, Warden Sixth Circuit 2020-12-10 Denied Response WaivedIFP change-of-venue constitutional-rights due-process effective-assistance-of-counsel fair-trial guilt ineffective-assistance-of-counsel prior-bad-acts prosecutorial-misconduct witness-testimony Is a Defendant denied the constitutional right to effective assistance of counsel and ultimately a fundamentally fair trial as guaranteed by the Unite…
20-6598 Stephen Frederick Baker, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2020-12-10 Denied IFP civil-rights criminal-procedure discovery due-process effective-assistance-of-counsel equitable-tolling guilty-plea ineffective-assistance-of-counsel sixth-amendment Whether the petitioner is entitled to equitable tolling
20-6588 Kenneth Scott Gordon v. United States Ninth Circuit 2020-12-09 Denied Response WaivedIFP adversarial-testing appellate-procedure certificate-of-appealability criminal-defense effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel meaningful-adversarial-testing prosecutions-case sixth-amendment Should a certificate of appealability issue due to ineffective assistance of appellate counsel?
20-6498 Tony Barksdale v. Jefferson Dunn, Commissioner, Alabama Department of Corrections Eleventh Circuit 2020-12-02 Denied IFP capital-punishment capital-sentencing certificate-of-appealability due-process effective-assistance-of-counsel eighth-amendment eleventh-circuit habeas-corpus sixth-amendment supreme-court-precedent Did the Eleventh Circuit misconstrue this Court's guidance in Buck v. Davis when it denied Petitioner a Certificate of Appealability?
20-721 Katie Garding v. Montana Montana 2020-11-24 Denied Response Waived 6th-amendment accident-reconstruction effective-assistance-of-counsel expert-testimony ineffective-assistance professional-norms sixth-amendment strickland-standard strickland-v-washington Whether trial counsel's failure to consult and call an expert witness in the field of accident reconstruction was objectively unreasonable under preva…
20-6368 In Re Richard J. Ramsey 2020-11-18 Denied IFP 6th-amendment civil-rights court-martial due-process effective-assistance-of-counsel jury-trial military-justice plea-bargain separation-of-powers sixth-amendment ucmj Whether military plea-bargains procedures are unconstitutional
20-6317 Robert Petty v. Indiana Indiana 2020-11-13 Denied Response WaivedIFP appellate-review closing-arguments constitutional-rights due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sentencing sixth-amendment trial-procedure Whether the Indiana Courts erred in denying Appellant effective assistance of trial counsel during closing arguments and sentencing, violating the Fif…
20-6279 Bodhisattva Skandha v. Superior Court of Massachusetts, Middlesex County, et al. Massachusetts 2020-11-12 Denied IFP civil-procedure court-discretion due-process effective-assistance-of-counsel full-faith-and-credit full-faith-credit ineffective-assistance judicial-procedure mental-condition standing standing-doctrine Whether the lower court abused its discretion by dismissing the complaint?
20-6262 Daniel Twian Brown v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-11-10 Denied IFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment ineffective-counsel warrantless-arrest Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
20-6245 Jovon C. Davis v. Willis Chapman, Warden Sixth Circuit 2020-11-09 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance jury-selection sixth-amendment trial-counsel Denial of Sixth and Fourteenth Amendment rights
20-547 Luis Xadiel Cruz Vazquez v. United States First Circuit 2020-10-26 Denied Response Waived brady-violation certificate-of-appealability conflict-of-interest due-process effective-assistance-of-counsel mickens-v-taylor sixth-amendment united-states-v-decologero wheat-v-united-states Whether the First Circuit applied a novel, harsher standard for issuing a certificate of appealability, denying due process and effective assistance o…
20-5988 Ziyad Yaghi v. United States Fourth Circuit 2020-10-09 Denied Response WaivedIFP appellate-review certificate-of-appealability due-process effective-assistance-of-counsel gvr plea-process sixth-amendment Whether this Court should GVR the lower court's decision denying a Certificate of Appealability
20-5888 Burton Lee Smith v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-10-02 Denied IFP 404(b)-jury-instructions bruton-v-united-states certificate-of-appealability confrontation-clause constitutional-rights effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions mug-shot-identification severance-of-defendants sleeping-juror trial-procedure Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
20-5897 Demetrice Williams v. Sandy McCain, Warden, et al. Fifth Circuit 2020-10-02 Denied IFP certificate-of-appealability COA criminal-procedure criminal-prosecution denial effective-assistance-of-counsel equal-protection federal-district-court fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment Whether the federal district court should not have denied COA based on the substantial showing of the denial of the Sixth Amendment guarantees of the …
20-5860 Miguel Antonio Wooten v. Warren L. Montgomery, Warden Ninth Circuit 2020-09-30 Denied Response WaivedIFP county-of-riverside-v-mclaughlin criminal-procedure due-process effective-assistance-of-counsel fourth-amendment habeas-corpus probable-cause sixth-amendment Whether petitioner's Sixth Amendment right to effective assistance of counsel was violated
20-5768 RaySean D. Barber v. Todd Wasmer, Warden Eighth Circuit 2020-09-28 Denied IFP criminal-procedure due-process effective-assistance-of-counsel factual-basis information motor-vehicle-operation plea-colloquy proximate-cause Was Appellant denied Due Process of Law and Effective Assistance of Counsel?
20-5821 Calvin Simpson v. Illinois Illinois 2020-09-28 Denied IFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sexual-assault due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct sexual-assault Whether the defendant's 6th Amendment right to effective assistance of counsel was violated when his trial counsel failed to present evidence of the e…
20-5813 Glenn Young v. Darrel Vannoy, Warden Fifth Circuit 2020-09-25 Denied Response RequestedResponse WaivedRelisted (3)IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment jury-conviction jury-trial non-unanimous-verdict sixth-amendment Is the State's evidence sufficient to sustain Young's nonunanimous conviction?
20-5676 Leon Venegas, Jr. v. Randee Rewerts, Warden Sixth Circuit 2020-09-11 Denied Response WaivedIFP constitutional-right criminal-procedure due-process effective-assistance-of-counsel exculpatory-evidence faretta-inquiry ineffective-assistance jury-selection self-representation timely-request Does a state trial court deprive a criminal defendant of their constitutional right to self-representation?
20-5605 In Re Eric Wallace Koehl 2020-09-08 Denied Relisted (2)IFP 6th-amendment civil-rights compulsory-process criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel public-trial racial-bias sixth-amendment Does a criminal defendant have a constitutional right to a public trial under the 6th Amendment to the United States Constitution?
20-5524 Ranau D. Johnson v. Ohio Ohio 2020-08-26 Denied Response WaivedIFP appeal appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel ohio-appellate-rule sixth-amendment unit-of-prosecution Can the State Court deprive the Appellant the fundamental right to effective assistance of Appellate Counsel?
20-5483 Dion Black v. Norm Robinson, Warden Sixth Circuit 2020-08-25 Denied IFP certificate-of-appealability confrontation-clause confrontation-rights cross-examination double-inference-rule effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence Should the petitioner have been granted a certificate of appealability
20-5448 Antonio Williams v. William J. Pollard, Warden Seventh Circuit 2020-08-21 Denied Response WaivedIFP aedpa-standards antiterrorism-and-effective-death-penalty-act appellate-counsel certificate-of-appealability constitutional-rights effective-assistance-of-counsel habeas-corpus habeas-relief ineffective-assistance interest-of-justice newly-discovered-evidence Whether federal courts should or must consider the restrictive standards for granting habeas relief under the Antiterrorism and Effective Death Penalt…
20-5427 Josiah Daniel Porter v. Illinois Illinois 2020-08-20 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel judicial-cure plea-bargaining plea-stage sixth-amendment Whether a but-for causal relationship between the defendant's guilty plea and his counsel's deficiency is nullified by judicial plea admonitions
20-189 Robert Barnes v. Bill Stange, Warden Missouri 2020-08-19 Denied Response Waived actual-innocence constitutional-claim cruel-and-unusual-punishment due-process effective-assistance-of-counsel gateway-claim habeas Did the Missouri courts err in failing to find that Petitioner had established a gateway-claim of actual-innocence so that his defaulted constitutiona…
20-5411 Kwame Anderson v. United States Second Circuit 2020-08-19 Denied Response WaivedIFP constitutional-rights effective-assistance-of-counsel federal-law presentence-report resentencing sentencing-procedure sentencing-proceeding Whether the Court must settle an important question of federal law that has not been, but should be, regarding Petitioner's resentence that was impose…
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…
20-5325 Maurice Woodard v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-08-11 Denied Response WaivedIFP actual-innocence administrative-law civil-rights constitutional-law continuance due-process effective-assistance-of-counsel habeas-corpus judicial-review legal-procedure sixth-amendment statutory-interpretation Whether the Shane Cooknell conviction violates the Sixth Amendment right to effective assistance of counsel when the court denied his request for a co…
20-5304 Stephon Williams v. United States Eleventh Circuit 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP adverse-effect conflict-of-interest criminal-trial cross-examination effective-assistance-of-counsel eleventh-circuit right-to-counsel sixth-amendment supreme-court-precedent witness-representation Whether Mr. Williams' Sixth Amendment right to conflict-free counsel was violated
20-5281 Steven Robinson, aka Michael Moore v. United States District of Columbia 2020-08-06 Denied Response WaivedIFP civil-procedure civil-rights due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment free-speech self-incrimination sixth-amendment standing Whether the lower court erred in dismissing petitioner's claims for violation of the First Amendment and the Equal Protection Clause
20-120 Alfredo Juarez v. Colorado Colorado 2020-08-04 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a defendant that t…
20-5196 David McConnell v. Florida Florida 2020-07-31 Denied IFP cooperation-with-state criminal-investigation criminal-procedure effective-assistance-of-counsel fourteenth-amendment ineffective-assistance-of-counsel murder murder-prosecution prosecutorial-conflict sixth-amendment Does counsel under the Fourteenth and Sixth Amendment have an obligation to effectively assist a defendant's cooperation with the State in a murder pr…
20-5171 Cedric Watkins v. Kenneth D. Hutchison, Warden, et al. Sixth Circuit 2020-07-24 Denied IFP constitutional-rights credibility-of-witnesses due-process effective-assistance-of-counsel evidence-sufficiency fourteenth-amendment ineffective-assistance jackson-v-virginia sixth-amendment witness-credibility Whether the lower courts properly applied Supreme Court precedent and enforced the U.S. Constitution
20-5129 David Aziel Sheer v. Patrick Warren, Warden Sixth Circuit 2020-07-21 Denied Response WaivedIFP certificate-of-appealability confrontation-clause effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Whether this Court should issue a writ of certiorari
20-5105 David Scott Temple v. Darrel Vannoy, Warden Fifth Circuit 2020-07-17 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fourteenth-amendment guilty-plea louisiana-constitution plea-bargaining sixth-amendment standard-of-review strickland-standard strickland-v-washington Was Mr. Temple denied effective assistance of counsel?
20-34 Anthony Thomas Grimes v. Kentucky Kentucky 2020-07-16 Denied Response Waived criminal-defense criminal-procedure effective-assistance-of-counsel parole-eligibility plea-bargaining plea-negotiation prejudice-standard sentencing sentencing-information sexual-offender-registration sixth-amendment strickland-v-washington Whether the Kentucky Court of Appeals has diminished and violated the federal constitutional guarantee of effective assistance of counsel
20-5025 Eddie Matthew Amos v. Tommy Bowen Eleventh Circuit 2020-07-13 Denied Response WaivedRelisted (2)IFP convicted-felon criminal-defense criminal-procedure effective-assistance-of-counsel fair-trial felon-in-possession firearm-possession ineffective-assistance-of-counsel jury-instructions self-defense Is a criminal defendant denied a fair trial and the effective assistance of counsel when defense counsel fails to request a jury instruction on self-d…
19-8861 Fikri Aptiliasimov v. Pennsylvania Pennsylvania 2020-06-30 Denied IFP constitutional-law constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment judicial-bias judicial-impartiality judicial-recusal recusal Whether the trial court judge's, a former prosecutor of appellant's prior criminal trial, refusal to recuse himself and his subsequent judicial partic…
19-8795 Jeremia Joseph Loper v. Nate Knutson, Warden Eighth Circuit 2020-06-23 Denied IFP adversarial-testing appellate-counsel appellate-review constitutional-rights due-process effective-assistance-of-counsel exculpatory-evidence fair-trial ineffective-assistance procedural-default Was Mr. Loper denied the right to a fair trial and the effective-assistance-of-counsel
19-8715 Timothy Robert Treffinger v. United States Eleventh Circuit 2020-06-15 Denied Response WaivedIFP curtilage effective-assistance-of-counsel fourth-amendment knock-and-talk law-enforcement privacy-expectation reasonable-expectation-of-privacy search-and-seizure Do law enforcement officers have an implied license to conduct a 'knock and talk' in the curtilage of a home?
19-8593 Damon Christopher Crim v. Ohio Ohio 2020-06-03 Denied Response WaivedIFP criminal-procedure effective-assistance-of-counsel fourteenth-amendment guilty-plea ineffective-assistance misunderstanding plea-bargain sixth-amendment When a criminal defendant misunderstands a key element of a plea bargain, is his guilty plea void?
19-8470 Raymond K. Walker v. United States Eighth Circuit 2020-05-15 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-right counsel-refusal court-order due-process effective-assistance-of-counsel ineffective-assistance judicial-review procedural-default right-to-counsel sixth-amendment Refusal of Price Counsel to Comply with U.S.C. 5 Continual request and Court orders to file a brief with allegations of ineffectiveness conceded the c…
19-8442 Erica J. Walker v. Florida Florida 2020-05-12 Denied Response WaivedIFP competency criminal-procedure due-process effective-assistance-of-counsel fair-proceeding fifth-amendment fourteenth-amendment ineffective-assistance insanity mental-health mental-health-evaluation Was the petitioner's right to a fair proceeding, effective assistance of counsel and due process violated?
19-8324 James William Hornsby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-04-21 Denied IFP adversarial-process brain-injury constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment strickland-v-washington Whether the district court's denial of relief and determination resulted from the incorrect interpretation of 'Assistance' under the Sixth Amendment r…
19-8297 Leif O'Connell v. Dushan Zatecky Seventh Circuit 2020-04-19 Denied Response WaivedIFP appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance insanity-defense plea-bargaining prosecutorial-misconduct sixth-amendment Whether the Indiana courts erred in affirming the post-conviction court's decision despite the State's procedural default
19-8220 Jorge Macli v. United States Eleventh Circuit 2020-04-08 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment trial-choice Whether the Petitioner was denied his Sixth Amendment right to effective assistance of counsel
19-1159 Michael Bouchard v. United States Second Circuit 2020-03-23 Denied Response Waived 6th-amendment brady-giglio-jencks brady-violation certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel ex-post-facto false-statements false-statements-statute ineffective-assistance ineffective-assistance-of-counsel mortgage-lending retroactivity sixth-amendment Whether the 2009 amended version of 18 U.S.C. §1014 was retroactively applied in violation of the Ex Post Facto Clause
19-7994 David Armondo Butler v. Florida Florida 2020-03-16 Denied Response WaivedIFP adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage Was court-appointed counsel's decision not to seek video footage of alleged victim's prior acts of violence a violation of the Sixth Amendment right t…
19-7939 Robert James Pope, Jr. v. Wisconsin Wisconsin 2020-03-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right…
19-7890 Kevin Michael-Ferdinand Richards v. Michigan Michigan 2020-03-06 Denied IFP abuse-of-discretion coercion constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel plea-coercion plea-understanding plea-withdrawal trial-court-discretion Did The Trial Court Abuse Its Discretion When It Denied Plea Withdrawal Under MCR 6.310(B)?
19-7886 Dennis Mahon v. United States Ninth Circuit 2020-03-05 Denied Response WaivedIFP certificate-of-appealability constitutional-claim constitutional-review custodial-interrogation district-court effective-assistance-of-counsel functional-equivalent-of-interrogation judicial-disagreement legal-standard magistrate-judge miranda-v-arizona right-to-silence substantial-showing Whether the lower courts erred in failing to find that a defendant made a substantial showing that jurists of reason could disagree on a constitutiona…
19-7743 Robert Paul Langley, Jr. v. Oregon Oregon 2020-02-24 Denied IFP appointment-of-counsel attorney criminal-procedure marion-county-circuit-court oregon-supreme-court state-court-procedure breakdown-in-communication criminal-procedure effective-assistance-of-counsel indigent-defendant right-to-counsel sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint new counsel when a defendant demonstrates a complete …
19-7601 Craig K. Garrett v. Joseph Madder, et al. Ninth Circuit 2020-02-10 Denied IFP civil-rights constitutional-rights criminal-procedure digital-privacy due-process effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel law-enforcement probable-cause prosecutorial-misconduct public-defender right-to-counsel search-and-seizure state-attorney Can the state of Colorado remove a defendant's right to effective assistance of counsel (trial and appellate) and use of a public defender due to pros…
19-7611 D'Marlo Levonne Faulk Johnson v. North Carolina North Carolina 2020-02-10 Denied IFP 6th-amendment appeal-process appellate-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal post-conviction right-to-counsel sixth-amendment Whether the 6th Amendment right to counsel extends to the appellate process and requires the effective assistance of counsel when petitioner's attorne…
19-7621 Allanah Benton v. Shawn Brewer, Warden Sixth Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-counsel appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-counsel Did the state and federal courts violate Ms. Benton's right to effective assistance of trial and appellate counsels in violation of U.S. Constitutiona…
19-992 Greg Skipper, Warden v. Curtis Jerome Byrd Sixth Circuit 2020-02-07 Denied Amici (1) constitutional-rights criminal-procedure effective-assistance-of-counsel fair-trial hypothetical-plea-offer lafler-v-cooper plea-bargaining sixth-amendment trial-rights Does the Sixth Amendment right to effective assistance of counsel include the right to a plea offer that was never made?
19-7545 Willie Palmer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-02-04 Denied Response WaivedIFP 6th-amendment abandonment effective-assistance-of-counsel evidentiary-hearing ineffective-assistance jury-instruction jury-instructions postconviction-relief rule-3.850 sixth-amendment unreasonable-determination-of-facts Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court
19-7485 Michael J. Aguon v. Warren L. Montgomery, Warden, et al. Ninth Circuit 2020-01-29 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-crawford-v-washington crawford-v-washington due-process effective-assistance-of-counsel gang-expert ineffective-assistance-of-counsel miranda-v-arizona miranda-warnings police-investigation police-officer-gang-expert prosecutorial-misconduct testimonial-hearsay Whether the prosecution's gang expert's hearsay testimony violated Crawford v. Washington
19-7303 Michael W. Smith v. Illinois Illinois 2020-01-16 Denied IFP civil-commitment civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel mental-competency plea-agreement plea-bargaining sexually-violent-person sixth-amendment Does the Petitioner have a legal right to be admonished about indefinite involuntary civil commitment before accepting a plea agreement?
19-7168 Tracy Eugene Johnson v. Illinois Illinois 2020-01-03 Denied IFP burglary constitutional-rights Direct-appeal due-process effective-assistance-of-counsel Failure-to-prove-essential-elements-of-offense fourteenth-amendment Fourteenth-Amendment-due-process Post-trial-motion reasonable-doubt sixth-amendment Sixth-Amendment-right-to-effective-assistance-of-c Whether petitioner was denied his Sixth Amendment constitutional right to the effective assistance of appellate counsel
19-7120 Gilbert Sanchez v. Texas Texas 2019-12-31 Denied IFP apprendi-v-new-jersey blakely-v-washington criminal-appeals criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus in-re-winship jury-trial right-to-trial-by-jury sixth-amendment texas-constitution Is the Fourteenth Amendment of the United States Constitution violated when the Texas Court of Criminal Appeals denies an Applicant habeas relief base…
19-7087 Anthony May v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-12-30 Denied Response WaivedIFP due-process effective-assistance-of-counsel equitable-tolling extraordinary-circumstances ineffective-assistance low-iq manifest-injustice mental-retardation Whether petitioner's 'mental retardation' and 'low IQ' constitute 'extraordinary circumstances' in which 'equitable tolling' should be applied to avoi…
19-7090 Warren Evans, Jr. v. United States Fourth Circuit 2019-12-30 Denied Response WaivedIFP appeal appellate-procedure attorneys-fees copyright-law copyright-registration effective-assistance effective-assistance-of-counsel federal-rules-of-appellate-procedure flores-ortega 19-708" ineffective-assistance-of-counsel infringement notice-of-appeal publication-status registration-accuracy right-to-counsel roe-v-flores-ortega sixth-amendment Whether a court can invalidate a copyright registr Whether application of the deadline for filing a Notice of Appeal under the Federal Rules of Appellate Procedure violates the appellant's right to cou…
19-7066 Evaristo Toscano v. Joe A. Lizarraga, Warden Ninth Circuit 2019-12-26 Denied IFP 6th-amendment confrontation-clause due-process effective-assistance-of-counsel evidence-tampering harmless-error judicial-bias prejudice-comments redacted-statement right-to-counsel right-to-present-defense sixth-amendment Whether a violation of petitioner's right granted by the Confrontation Clause of the United States Constitution was harmless beyond a reasonable doubt
19-7025 Michael Feliciano v. George Miller, Superintendent, State Correctional Institution at Waymart, et al. Third Circuit 2019-12-20 Denied Response WaivedIFP carrier due-process effective-assistance-of-counsel eyewitness eyewitness-testimony in-re-winship ineffective-assistance investigation jury-instructions reasonable-doubt sixth-amendment strickland strickland-standard Is the State court of last resort and U.S. Court of Appeals decision which denied petitioner's claim that he was deprived of his Sixth Amendment right…
19-7015 In Re Michael F. Harris 2019-12-19 Denied Response WaivedIFP civil-rights constitutional-rights criminal-justice-system due-process effective-assistance-of-counsel fair-trial judicial-misconduct malicious-prosecution presumption-of-innocence prosecutorial-misconduct right-to-jury state-actors witness-tampering Whether malicious and vindictive prosecution threatens the criminal justice system
19-7024 Germira Lamar Carter v. Michigan Michigan 2019-12-19 Denied Response WaivedIFP constitutional-violation criminal-conviction criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-test Where the state courts of Michigan has convicted a criminal defendant in violation of his Sixth Amendment right to effective assistance of counsel, is…
19-6970 Monty Dwayne Sullivan v. Wyoming Wyoming 2019-12-18 Denied Response WaivedIFP 14th-amendment 5th-amendment 6th-amendment access-to-courts brady-v-maryland civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct Was Sullivan deprived of his Constitutional rights?
19-6846 James W. Riley v. Dana Metzger, Warden, et al. Third Circuit 2019-12-05 Denied Response WaivedRelisted (2)IFP appeal-as-of-right constitutional-interpretation criminal-procedure due-process effective-assistance-of-counsel habeas-corpus judicial-review legal-precedent right-to-counsel sixth-amendment standing state-court statutory-analysis third-circuit-court Whether the Sixth Amendment right to effective assistance of counsel applies to a defendant's first appeal as of right
19-6781 Donato Luna-Quintero v. Indiana Indiana 2019-11-29 Denied Response WaivedIFP constitutional-rights due-process effective-assistance effective-assistance-of-counsel foreign-defendant jury-trial language-barrier language-barriers limited-english-proficiency right-to-counsel waiver Whether the defendant's constitutional right to a jury trial was properly waived, and whether counsel provided effective assistance, when the defendan…
19-6573 Garron Gonzalez v. United States Eighth Circuit 2019-11-12 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-privacy civil-rights constitutional-rights digital-evidence effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel probation probation-search search-and-seizure suppression-of-evidence unreasonable-search Whether the Fourth Amendment required suppression of evidence found during warrantless interception of incoming calls on a jailed probationer's cell p…
19-602 Chesley Eugene Saunders v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-08 Denied Response Waived attorney-client-relationship confidential-information criminal-trial due-process effective-assistance-of-counsel fair-trial fundamental-fairness judicial-bias judicial-recusal professional-misconduct recusal sixth-amendment Whether the Due Process Clause and the Constitutional Guarantees of a Fundamentally Fair Trial permit a criminal trial to be presided over by a judge …
19-6534 Saad Bahoda v. Sherman Campbell, Warden Sixth Circuit 2019-11-06 Denied Response WaivedIFP appellate-procedure Bunkley-v-Florida conflict-of-interest effective-assistance-of-counsel evidentiary-hearing forged-affidavits ineffective-assistance-of-counsel jury-instructions michigan-law People-v-Triplett plain-error self-defense sixth-amendment witness-conflict Whether petitioner was denied his Sixth Amendment right to effective assistance of counsel at trial
19-6454 Corey Morris v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-10-30 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel extended-sentences federal-review multiple-indictments plea-bargaining post-conviction-relief sentencing sentencing-guidelines Whether defendants have a Sixth Amendment right to effective assistance of counsel when contemplating plea offers
19-6395 V. A. C. v. J. L. W. Texas 2019-10-28 Denied IFP civil-procedure confrontation-clause constitutional-challenge direct-appeal due-process effective-assistance-of-counsel ineffective-assistance parental-rights prejudice termination-of-parental-rights trial-court-discretion If it can be proven that the relied upon convictions in a Termination of Parental Rights action are unconstitutional and unreliable, does deference & …
19-6408 Adam Strege v. United States First Circuit 2019-10-28 Denied Response WaivedIFP access-to-courts civil-rights constitutional-rights court-access discovery discovery-motion due-process effective-assistance-of-counsel judicial-discretion mandamus mandamus-request pro-se-representation Question not identified
19-6373 Casey Dullea Peppin v. Washington Washington 2019-10-24 Denied Response WaivedIFP art constitutional-interpretation copyright court-determination due-process effective-assistance-counsel effective-assistance-of-counsel evidence file-sharing jurisdiction legal-error prejudice sexually-explicit-material source-code Did the Washington State Court of Appeals and the Supreme Court of Washington err by granting as fact that the defendant shared files with the public?
19-6377 Jerome Gaskin v. United States Sixth Circuit 2019-10-24 Denied Response WaivedIFP consecutive-sentencing criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment trial trial-rights Does a defendant's right to the effective assistance of counsel during plea bargaining include being accurately advised by counsel of the potential fo…
19-6381 Anthony Tyrone Brown v. Michigan Michigan 2019-10-24 Denied Response WaivedRelisted (2)IFP abuse-of-discretion compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel evidence evidence-suppression fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct sexual-activity-evidence witness-testimony Whether the petitioner's constitutional rights to a fair trial and effective assistance of counsel were violated
19-6367 James Eugene Keiser v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-10-23 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability civil-procedure constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment standing trial-errors Whether the 4th Circuit exceeded the limited scope of the COA analysis
19-525 Steve Cooley, et al. v. National Abortion Federation Ninth Circuit 2019-10-22 Denied Response Waived appellate-jurisdiction civil-rights contempt contempt-sanction criminal-procedure due-process effective-assistance-of-counsel effective-counsel preliminary-injunction sanctions sixth-amendment younger-abstention Whether a state court criminal defendant can enjoy his Sixth Amendment right to effective counsel when his state court criminal counsel have been held…
19-6321 Michael J. Prance v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-10-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-withdrawal right-to-counsel sixth-amendment Whether there is a Sixth Amendment right to counsel during plea withdrawal proceedings?
19-6213 Marcus Bartholomew Booker v. Texas Texas 2019-10-08 Denied Response RequestedRelisted (2)IFP constitutional-rights direct-appeal due-process effective-assistance-of-counsel indigent-defendant ineffective-assistance ineffective-assistance-of-counsel post-conviction-habeas post-conviction-habeas-corpus right-to-access state-court-proceedings trial-ineffectiveness trial-records Does an indigent defendant have a right to access to a free Clerk's and Reporter's Records in a state post-conviction habeas corpus proceeding when th…
19-6152 Marian Papacsi Owens v. Sue Mickens, Warden, et al. Eleventh Circuit 2019-10-03 Denied Response WaivedIFP certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure Whether the trial court's refusal to allow the defendant to testify by narrative violated her right to effective assistance of counsel
19-6045 Scott H. Summerhays v. United States Ninth Circuit 2019-09-24 Denied Response WaivedRelisted (2)IFP appellate-counsel change-of-plea criminal-procedure critical-stage effective-assistance-of-counsel faretta faretta-waiver ineffective-assistance right-to-counsel sixth-amendment waiver Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) after…
19-5897 Carlos German Lema Nogales v. United States Fourth Circuit 2019-09-12 Denied Response WaivedIFP 4th-amendment 4th-circuit-precedent 6th-amendment conspiracy constitutional-violations criminal-informant due-process eavesdrop effective-assistance-of-counsel fourth-amendment ineffective-assistance multiple-conspiracies search-and-seizure warrant warrant-reliability WHETHER PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL
19-5917 Matthew A. Castro v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-09-11 Denied Response WaivedIFP 11th-circuit 5th-amendment 6th-amendment constitutional-rights due-process effective-assistance-of-counsel fact-finding federal-courts fifth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment standard-of-review Whether the United States Court of Appeal for the Eleventh Circuit erred by unreasonably determining the facts based on a misreading of the state reco…
19-5836 Dennis Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-05 Denied IFP appellate-review constitutional-due-process effective-assistance-of-counsel evidentiary-ruling ineffective-assistance-of-counsel judicial-error plea-bargaining prejudice reasonable-performance reasonable-probability sixth-amendment standard-of-review strickland-v-washington trial-fairness trial-strategy Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to properly investigate a…
19-5607 Felix Summers v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2019-08-23 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence right-to-counsel sixth-amendment Denial of Sixth Amendment right of confrontation
19-5703 Eric Massey v. Darrel Vannoy, Warden Fifth Circuit 2019-08-23 Denied IFP 14th-amendment 6th-amendment constitutional-rights counsel-effectiveness critical-stage effective-assistance-of-counsel habeas-corpus sixth-amendment strickland-standard strickland-v-washington Was the real question before the court counsel's effectiveness?
19-5545 Todd Allen Wheeler v. Michigan Michigan 2019-08-09 Denied IFP 14th-amendment 6th-amendment due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plain-error severance sixth-amendment trial-joinder Whether Mr. Wheeler was denied his constitutional right to due process and effective assistance of counsel
19-5546 Kevin Lyndell Yates v. Amy M. Harper Fourth Circuit 2019-08-09 Denied IFP civil-rights consent-to-search constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel interrogation inventory-of-seized-items miranda-warnings plea-agreement police-questioning search-warrant Does a defendant have a constitutional right to be read Miranda warnings?
19-5505 Jose Hernandez-Carbajal v. United States Fourth Circuit 2019-08-08 Denied Response WaivedIFP due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated
19-5464 Mark A. Ciavarella, Jr. v. United States Third Circuit 2019-08-05 Denied Response WaivedIFP effective-assistance-of-counsel honest-services-mail-fraud ineffective-assistance jury-instructions mail-fraud mcdonnell-v-united-states official-act procedural-default statute-of-limitations Whether Petitioner was denied effective assistance of counsel as a result of the deprivation of a viable statute of limitations defense with respect t…
19-5431 DeAndre Cherry v. United States Seventh Circuit 2019-08-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process effective-assistance-of-counsel eighth-amendment exclusionary-rule fifth-amendment fourth-amendment fourth-amendment-violation probable-cause search search-and-seizure vehicle-search Was the petitioner's Fourth Amendment right infringed upon when the officers conducted an illegal search of his vehicle absent probable cause?
19-5390 In Re Francisco Narvaez 2019-07-30 Denied Response WaivedIFP adequate-representation civil-rights constitutional-rights due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-counsel legal-representation procedural-error professional-conduct sixth-amendment speedy-trial Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to his attorneys' failure to file a motion to suppr…
19-5366 Robert Curry v. Illinois Illinois 2019-07-29 Denied Response WaivedIFP 35-usc-101 civil-procedure civil-rights constitutional-rights counsel discovery due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel interrogatory patent post-conviction standing Whether petitioner was denied reasonable and/or adequate opportunity of assisting counsel during appeal process
19-5293 Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-07-23 Denied Relisted (2)IFP 6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel Does pretrial counsel's failure to advise accused of favorable plea offer constitute denial of effective assistance of counsel?
19-5234 Stephen P. Dowdney, Jr. v. Washington Washington 2019-07-18 Denied IFP anders-procedure anders-v-california appellate-review direct-appeal due-process effective-assistance-counsel effective-assistance-of-counsel equal-protection mccoy-v-court-of-appeals Does Washington state use the Anders v. California procedure to circumvent a meaningful direct (first) appeal, effective assistance of counsel, due pr…
19-5014 Ricardo Donate-Cardona v. United States Third Circuit 2019-07-01 GVR IFP affidavit appointed-counsel civil-procedure civil-rights constitutional-law constitutional-review court-filing defendant-dissatisfaction due-process effective-assistance-of-counsel in-forma-pauperis indigent-status legal-redress poverty-affidavit sixth-amendment standing substitute-counsel Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint substitute counsel when a defendant expresses dissati…
18-9839 Robert E. King v. Oklahoma Oklahoma 2019-06-27 Denied IFP appeal-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance ineffective-assistance-of-counsel juvenile-justice post-conviction-relief racial-discrimination Did Oklahoma's Appellate Court deprive Robert E. King the right to equal protection
18-9771 Dennis William Robinson v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2019-06-24 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-counsel effective-assistance-of-counsel evidence-suppression fair-trial iada-violation jury-instructions prosecutorial-misconduct speedy-trial suppression-of-evidence Did State Court violate Petitioner's constitutional rights?
18-1551 Joseph Q. Mirarchi v. Office of Disciplinary Counsel Pennsylvania 2019-06-19 Denied Response Waived attorney-disbarment constitutional-rights disbarment due-process due-process-clause effective-assistance-of-counsel expert-witness-testimony fourteenth-amendment ineffective-assistance-of-counsel medical-evidence mitigation-evidence neuropsychological-evidence sixth-amendment Whether the state supreme court order for attorney disbarment is inconsistent with the standards set forth in Selling v. Radford and In re Ruffalo, an…
18-9487 Willie Lee Johnson v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2019-05-30 Denied Response WaivedIFP burden-of-proof civil-rights constitutional-rights criminal-procedure double-jeopardy due-process effective-assistance-of-counsel judicial-interpretation jury-selection legal-ethics oregon-state-bar presumption-of-innocence Whether the Oregon State Bar and the Oregon Supreme Court's Chief Justice's approved adoption of the American Bar Association's Model Rules of Profess…
18-9239 Dale Shoop v. Ralph Terry, Acting Warden Fourth Circuit 2019-05-13 Denied Relisted (2)IFP constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel preliminary-hearing right-to-testify sixth-amendment victim-testimony witness-impeachment witness-presence witness-testimony Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated
18-9150 Peter Victor Ayika v. United States Fifth Circuit 2019-05-06 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights constitutional-speedy-trial effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment speedy-trial-act statutory-rights statutory-speedy-trial whether a certificate of Appealability (COA) should issue to pursue the Sixth Amendment claim on appeal
18-9151 Blake Joseph Sandlain v. United States Sixth Circuit 2019-05-06 Denied Response WaivedIFP 6th-amendment appellate-counsel capital-punishment criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prejudice successive-petition Does the Sixth Amendment right to effective assistance of counsel require a showing of prejudice to establish a claim that appellate counsel was ineff…
18-9120 Russell Frey v. Illinois Illinois 2019-05-03 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-sexual-assault cumulative-error due-process effective-assistance-of-counsel evidentiary-issues fair-trial harmless-error ineffective-assistance-of-counsel jury-trial prejudice right-to-counsel Whether the defendant's constitutional right to effective assistance of counsel was violated due to counsel's overall health and performance
18-9134 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
18-9093 James M. Ferguson v. Pelicia E. Hall, Commissioner, Mississippi Department of Corrections, et al. Fifth Circuit 2019-05-02 Denied IFP amendment civil-rights due-process effective-assistance-of-counsel indictment notice preliminary-hearing right-to-notice-of-charges right-to-prepare-defense Whether the defendant received effective assistance of counsel when his attorney failed to request a preliminary hearing, which would have exposed the…
18-9045 Kevin Robinson v. Steven Johnson, Administrator, New Jersey State Prison Third Circuit 2019-04-30 Denied Response WaivedRelisted (2)IFP 14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial impartial-jury ineffective-assistance jury-impartiality self-incrimination sixth-amendment Are trial attorneys obligated to protect every fundamental right entitled to defendants under the United States Constitutional Amendments?
18-8969 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…
18-8876 Nickie R. Logan v. District Attorney of Allegheny County, Pennsylvania, et al. Third Circuit 2019-04-17 Denied IFP 6th-amendment civil-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance-of-counsel right-to-a-fair-trial right-to-counsel Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint new counsel when a defendant expresses dissatisfactio…
18-8786 Stephen Krell v. Louisiana Louisiana 2019-04-11 Denied Response WaivedIFP constitutional-rights controlling-legal-principles deficient-advice effective-assistance-of-counsel legal-principles misapprehension-of-case plea-bargaining sixth-amendment trial-counsel trial-counsel-incompetence Whether the Sixth Amendment's right to the effective assistance to counsel during the plea bargaining stages of the proceeding is implicated when tria…
18-8707 Wallace G. Carlyle v. Sherman Campbell, Warden Sixth Circuit 2019-04-04 Denied IFP constitutional-rights effective-assistance-of-counsel fourteenth-amendment history-of-abuse ineffective-assistance mental-retardation plea-bargaining plea-withdrawal right-to-jury-trial sixth-amendment Did trial counsel's failure to adequately consider mental-retardation-and-history-of-abuse deprive defendant of effective-assistance-of-counsel,right-…
18-8620 Joel M. Hicklin v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2019-03-29 Denied Response WaivedIFP civil-rights due-process effective-assistance-of-counsel evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel right-to-counsel Whether the Virginia Supreme Court erred in finding the petitioner's failure to investigate
18-8564 Kelvin Wayne Heath v. Melinda K. Braman, Warden Sixth Circuit 2019-03-26 Denied Response WaivedIFP automatic-reversal compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel exculpatory-evidence fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct uniform-act-on-production-of-out-of-state-witnesse witness-tampering Whether the trial court erred in convicting the petitioner despite the lack of testimony from a key witness and the prosecutor's misconduct in handlin…
18-8484 Gregory Donzell Bailey v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-03-20 Denied IFP 6th-amendment caseload caseload-management civil-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance public-defender public-defenders right-to-counsel Whether the defendants' representation and resources should be limited due to public defenders in trial courts being overwhelmed with caseloads
18-8433 Emond Durea Logan v. United States Sixth Circuit 2019-03-18 Denied Response WaivedIFP criminal-proceedings effective-assistance-of-counsel plea-negotiations sixth-amendment strickland-v-washington totality-of-circumstances Whether a defendant may be entitled to relief for an attorney's ineffective assistance, even if another attorney offered reasonable advice
18-8450 Randall Alan Carder v. California California 2019-03-18 Denied IFP assault assault-with-deadly-weapon constitutional-rights counter-attack criminal-procedure deadly-weapon due-process effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions self-defense Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a d…
18-8410 Marshall Ray Miller v. Joseph L. McFadden, Warden Fourth Circuit 2019-03-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourth-circuit ineffective-assistance-of-counsel law-enforcement-statements personal-jurisdiction plea-agreement plea-bargaining sentencing Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a con…
18-8371 Martin E. Grant v. Michigan Michigan 2019-03-11 Denied Response WaivedIFP 6th-amendment due-process effective-assistance-of-counsel equal-protection first-degree-murder life-imprisonment motion-for-relief-from-judgment plea-bargaining sixth-amendment Whether Petitioner has been denied the effective assistance of counsel guaranteed by the 6th Amendment to the United States Constitution, during the p…
18-8340 Victor Roblero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-03-08 Denied IFP constitutes a violation of the Sixth Amendment ri specifically the failure to investigate and prese appeal capital-punishment criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mental-health sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated when trial counsel failed to investigate and present evidence of the…
18-8331 Jeffrey Bowers v. Frank Lawrence, Acting Warden Seventh Circuit 2019-03-07 Denied Response WaivedIFP appellate-procedure circuit-split due-process effective-assistance-of-counsel fourteenth-amendment harmless-error ineffective-assistance ineffective-assistance-of-counsel jury-instructions jury-separation plain-error Whether a conflict exists between the Seventh Circuit Court of Appeals and Appellate Court in case at bar where jury separation after deliberations ha…
18-8295 Raymond Lumsden v. Texas Texas 2019-03-06 Denied IFP ake ake-v-oklahoma constitutional-rights cruel-and-unusual-punishment cumulative-error-doctrine dna-expert due-process effective-assistance-of-counsel eighth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington Did the Court of Appeals commit err by affirming the trial court's erroneous denial of additional funds for the defense's DNA Expert to testify at tri…
18-8242 Jody Ford McCreary v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-03-04 Denied IFP civil-procedure collateral-review due-process effective-assistance-of-counsel federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-review procedural-default sixth-amendment standing state-court strickland-standards substantive-claim Whether the United States Court of Appeals for the Fifth Circuit abused its discretion in denying a certificate of appealability on the denial of the …
18-8171 Omar Alarcon Fuentes, aka Omar Fuentes Alarcon, aka Omar Ramales Quintero v. United States Ninth Circuit 2019-02-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel false-testimony grand-jury grand-jury-testimony ineffective-assistance-of-counsel mistrial right-to-counsel uncorroborated-admission uncorroborated-extrajudicial-admission Whether petitioner's constitutional right to effective assistance of counsel was violated
18-8147 Jerry Allen Horn v. Kansas Kansas 2019-02-27 Denied Response WaivedIFP constitutional-rights county-of-riverside-v-mclaughlin due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment gerstein-hearing investigative-delay res-judicata sixth-amendment state-habeas-corpus supremacy-clause warrantless-arrest Question not identified
18-8057 Duane Allen Short v. Ohio Ohio 2019-02-21 Denied IFP capital-defense capital-punishment death-penalty death-row effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-evidence plea-bargaining sixth-amendment Whether a capital defendant's Sixth Amendment right to the effective assistance of counsel is violated where, but for counsel's intervention and unfou…
18-8021 Charles R. Baker v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-02-20 Denied IFP anti-terrorism-and-effective-death-penalty-act anti-terrorism-effective-death-penalty-act constitutional-rights criminal-procedure due-process effective-assistance-of-counsel first-amendment habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence sixth-amendment statute-of-limitations Whether the newly discovered evidence presented to the lower Courts was sufficient to toll the one year Statute of Limitation set forth in the 48 U.S.…
18-8037 Jerry Anthony Brandon, aka Jerry L. Brandon v. Louisiana Louisiana 2019-02-20 Denied IFP constitutional-rights due-process effective-assistance-of-counsel equal-protection ineffective-assistance involuntary-absence medical-emergency new-trial sixth-amendment trial-absence voluntary-absence Was the Petitioner's 5th, 6th, & 14th amendment rights to the Constitution of the United States violated?
18-7895 Jerry Anderson, II v. Michigan Michigan 2019-02-14 Denied Response WaivedRelisted (2)IFP coercion criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment Was the defendant denied his state and federal constitutional rights to effective assistance of counsel when his attorney failed to prepare for trial …
18-7968 Joseph Ragland v. North Carolina North Carolina 2019-02-14 Denied Response WaivedIFP civil-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection postconviction-relief sentencing sixth-amendment state-statute Whether a state statute that limits the availability of postconviction relief violates the Equal Protection and Due Process Clauses of the Fourteenth …
18-7947 Tyrone Garden v. Massachusetts Massachusetts 2019-02-13 Denied Response WaivedIFP constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty, did Garden have the…
18-7876 Jordie L. Callahan v. United States Sixth Circuit 2019-02-08 Denied Response WaivedRelisted (2)IFP 6th-amendment competency-hearing criminal-procedure criminal-proceedings direct-appeal due-process effective-assistance-counsel effective-assistance-of-counsel mental-capacity mental-competency mental-evaluation sixth-amendment Whether a Mentally Deficient Defendant is Entitled to a Competency Hearing or Mental Evaluation
18-7849 Jesus Pacheco Estudillo v. United States Eighth Circuit 2019-02-07 Denied Response WaivedIFP constitutional-law constitutional-rights direct-appeal effective-assistance effective-assistance-of-counsel evidentiary-hearing facts procedural-due-process relevant-facts sixth-amendment sixth-amendment-violation Whether Petitioner's Sixth Amendment Right To The Effective Assistance was Violated When Counsel Failed to File A Direct Appeal
18-7780 Joseph Lemoine v. Darrel Vannoy, Warden Fifth Circuit 2019-02-06 Denied Response WaivedIFP burden-of-proof burden-of-proof-beyond-reasonable-doubt constitutional-rights daubert-standard due-process effective-assistance-of-counsel essential-elements-of-offense expert-witness fourteenth-amendment reasonable-doubt sixth-amendment sufficiency-of-evidence Whether reasonable jurists could argue that the State failed to meet its burden of proof beyond reasonable doubt
18-7657 Devi Smith v. Patrick Warren, Warden Sixth Circuit 2019-01-31 Denied Response WaivedIFP appellate-counsel appellate-procedure criminal-trial defense-counsel defense-witnesses direct-review effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment trial Was the petitioner deprived of his Sixth Amendment right to the effective assistance of counsel at trial?
18-7635 Harold Hall v. Alabama Alabama 2019-01-29 Denied Response WaivedRelisted (2)IFP adversarial-process due-process effective-assistance-of-counsel fair-trial sentencing-enhancements sixth-amendment united-states-v-cronic Whether Mr. Hol was denied effective assistance of counsel required by the Federal constitution's Sixth Amendment
18-7590 Joshua Jacobs v. Texas Texas 2019-01-28 Denied IFP 5th-amendment 6th-amendment bias constitutional-rights due-process effective-assistance-of-counsel fair-and-impartial-jury fair-trial impartial-jury judicial-discretion jury-selection trial-counsel trial-procedure voir-dire When trial-judge-imposed limitations on voir dire interfere with trial counsel's ability to identify veniremembers whom may be challengeable for cause…
18-7614 Michael Jacoby v. United States Tenth Circuit 2019-01-28 Denied Response WaivedIFP 6th-amendment circuit-court-review circuit-split due-process effective-assistance-of-counsel eighth-circuit habeas-corpus ineffective-assistance ninth-circuit reasonable-jurist reasonable-jurist-standard sixth-amendment strickland-standard undermining-of-confidence-in-verdict Ineffective-assistance-of-counsel
18-7540 David Dewayne Riley v. Alabama Alabama 2019-01-24 Denied IFP capital-post-conviction-proceedings capital-proceedings collateral-review death-penalty death-sentence effective-assistance-of-counsel ineffective-assistance martinez-v-ryan murray-v-giarratano post-conviction-counsel precedent state-court Should this Court revisit its precedent to consider whether death-sentenced inmates are entitled to the effective assistance of counsel on initial col…
18-7494 Richard Dernard Bozell, Jr. v. Greg Skipper, Warden Sixth Circuit 2019-01-18 Denied Response WaivedIFP blackledge-v-allison blackledge-v-perry class-v-united-states constitutional-review due-process effective-assistance-of-counsel federal-court-jurisdiction guilty-plea-review habeas-corpus ineffective-assistance ineffective-counsel lafler-v-cooper plea-bargaining procedural-cognizability supreme-court-precedent Whether guilty plea cases are cognizable for federal review
18-7440 Christopher Whitman v. United States Eleventh Circuit 2019-01-16 Denied Response WaivedIFP 11th-circuit appeal appellate-procedure conflict-of-interest disqualification due-process effective-assistance-of-counsel ineffective-assistance-of-counsel judicial-discretion juror-bribery plain-error-review sentencing-guidelines standing Should the appeals court have appointed an attorney who did not have a conflict of interest?
18-7230 Antwain D. Ashley v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel open-plea plea-bargaining sentencing sixth-amendment Whether Ashley Was Denied His Sixth Amendment Right to Effective Assistance of Counsel
18-7170 Jonathan Yancey v. Alabama Alabama 2018-12-26 Denied IFP civil-procedure criminal-procedure due-process effective-assistance-of-counsel equal-protection exculpatory-evidence first-amendment ineffective-assistance-of-counsel sixth-amendment standing takings Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to investigate and presen…
18-798 Joanna Joy Blauch v. Colorado Colorado 2018-12-21 Denied Response WaivedRelisted (2) civil-procedure constitutional-rights due-process effective-assistance-of-counsel evidentiary-error evidentiary-standards exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington waiver-of-rights Does ruling the substantive nature of materially relevant documentary evidence with apparent exculpatory value effected non-existent, without applying…
18-7107 Naeem-Lateef Odums v. United States Fourth Circuit 2018-12-19 Denied Response WaivedIFP 5th-amendment-due-process,6th-amendment-right-to-c 5th-amendment-due-process,sentencing-discretion,me 6th-amendment attorney-client-privilege criminal-procedure due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-of-counsel intentional-deception mental-health-evaluation sentencing sixth-amendment Does it violate the 6th Amendment right to effective-assistance-of-counsel when a defendant's lawyer intentionally-deception
18-7066 Raymond Jones v. United States Third Circuit 2018-12-17 Denied Response WaivedRelisted (2)IFP civil-procedure due-process effective-assistance-of-counsel en-banc-review jurisdiction petition-for-rehearing rehearing rule-60b6 standing subject-matter-jurisdiction wilkins-precedent Whether the district court lacked subject-matter jurisdiction to adjudicate Rule 60(b)(6) motion
18-7023 Webster Douglas Williams, III v. United States Fourth Circuit 2018-12-13 Denied Response WaivedIFP constitutional-violation due-process effective-assistance-of-counsel eighth-amendment-cruel-and-unusual-punishment equal-protection exclusionary-rule forced-entry fourth-amendment restitution ruse search-and-seizure sixth-amendment-right-to-counsel third-party When police officers attempt to gain voluntary admittance to a residence by use of a ruse, which fails, and are peacably asked to present a search war…
18-7028 Jameel Simpson v. James Erkerd, et al. Third Circuit 2018-12-13 Denied Response WaivedIFP actual-innocence conflict-of-interest constitutional-rights criminal-defense criminal-procedure effective-assistance effective-assistance-of-counsel prejudice sixth-amendment wrongful-conviction Petitioner was denied effective assistance of counsel due to conflict of interest
18-744 Mark Unger v. David Bergh, Warden Sixth Circuit 2018-12-11 Denied criminal-procedure due-process effective-assistance-of-counsel expert-testimony habeas-corpus ineffective-assistance-of-counsel junk-science sixth-amendment Whether the Sixth Amendment guarantee of effective assistance of counsel is violated when counsel fails to expose junk science that sends his client t…
18-749 JoEllen Mary Crossett v. Michigan Michigan 2018-12-11 Denied conflicts-of-interest constitutional-rights due-process effective-assistance-of-counsel impartial-jury ineffective-assistance-of-counsel juror-bias jury-selection peremptory-challenges prejudice sixth-amendment state-and-federal-rights trial-procedure Was Petitioner denied her state and federal rights to the effective assistance of counsel, and did Michigan Court of Appeals err when it confirmed wit…
18-6847 Sergio Antonio Haro v. United States Ninth Circuit 2018-11-28 Denied Response WaivedIFP effective-assistance-of-counsel evidentiary-hearing government-agent-reports impeachment impeachment-of-credibility magistrate-judge magistrate-judge-plea-negotiations plea-negotiations prejudice pro-se pro-se-habeas sixth-amendment Ineffective-assistance-of-counsel
18-6828 Gregg Thomas v. Maryland Maryland 2018-11-27 Denied Response WaivedIFP appellate-review constitutional-law constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment sufficiency-of-evidence trial-counsel Was the evidence sufficient to sustain Petitioner's convictions, and was Petitioner denied his Sixth Amendment Right under the United States Constitut…
18-6699 James Tyrell Drane v. Michigan Michigan 2018-11-14 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment Whether petitioner has a due process right to plea withdrawal because his plea was unknowing and involuntary, and entered in violation of his Sixth Am…
18-6676 Herve Wilmore, Jr. v. United States Eleventh Circuit 2018-11-13 Denied Response WaivedRelisted (2)IFP constructive-amendment criminal-procedure due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment wire-fraud Whether Mr. Wilmore's right to be tried on charges accepted by a grand jury, and Mr. Wilmore's right to effective assistance of counsel, were violated…
18-6623 Carlos Cosme v. United States Ninth Circuit 2018-11-09 Denied Response WaivedIFP 28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef…
18-6621 Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections Eighth Circuit 2018-11-08 Denied Response WaivedIFP constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right …
18-6637 Harold E. Grist, Jr. v. Terema Carlin, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP 6th-amendment certificate-of-appealability confrontation-clause credibility due-process effective-assistance-of-counsel juror-misconduct jury-trial self-incrimination truthfulness Whether the Petitioner had a constitutional right to confront his accusers at trial and impeach them before a jury to challenge their credibility and …
18-6550 Anthony Thomas v. Darrell Vannoy, Warden Fifth Circuit 2018-11-02 Denied Response RequestedResponse WaivedRelisted (2)IFP affidavit costs court-fees declaration effective-assistance-of-counsel financial-disclosure habeas-corpus in-forma-pauperis income-declaration ineffective-assistance-of-counsel legal-indigency poverty prejudice procedural-default redress sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel requires a new trial when counsel's deficient performance prejudiced the defendan…
18-6497 Dexter Watson v. Raymond Byrd, Warden Fifth Circuit 2018-10-30 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-law criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing factual-disputes intent reversible-error Did the court reasonably infer petitioner's guilt beyond a reasonable doubt?
18-6457 Abel Puente v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-26 Denied Response WaivedIFP constitutional-rights counsel-of-choice criminal-procedure effective-assistance-of-counsel indigent-defendant retained-attorney right-to-discharge-counsel sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel and to counsel of choice, which also provided the right to discharge counsel, wil…
18-6290 Damon John White Bird Solgado v. Colby Braun, Warden Eighth Circuit 2018-10-12 Rehearing IFP 4th-amendment compulsory-process constitutional-rights due-process effective-assistance-of-counsel exigent-circumstances fourth-amendment insufficient-evidence privacy search-and-seizure Whether violation of Petitioner's 4th Amendment Constitutional rights occurred when Police illegally searched and seized Petitioner's files and record…
18-6143 Oscar Rodriguez v. United States Ninth Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-rights due-process effective-assistance-of-counsel evidentiary-hearing federal-habeas-corpus habeas-corpus ineffective-assistance judicial-procedure mental-retardation ninth-circuit summary-denial Whether the Ninth Circuit's summary denial of a certificate of appealability complies with this Court's precedents requiring that a COA be granted if …
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)?
18-5946 William A. Parrish, Jr. v. Lyneal Wainwright, Warden Sixth Circuit 2018-09-12 Denied Response WaivedIFP appellate-rights court-of-appeals due-process effective-assistance-of-counsel grand-jury-selection indigent indigent-defendant indigent-litigant judicial-discretion perjured-testimony pro-se right-to-appeal right-to-counsel self-representation speedy-trial transcript trial-transcript Did the State Court of Appeals have the authority to deny a pro se indigent litigant a copy of his trial transcript because he choose to represent him…
18-313 Albon C. Diamond, III v. Florida Florida 2018-09-11 Denied Response Waived criminal-procedure due-process effective-assistance-of-counsel impeachment ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony sixth-amendment strategic-decisions strickland strickland-standard Whether the Sixth Amendment's guarantee of effective attorney representation requires a finding of ineffective assistance of counsel where the trial a…
18-5855 Derrick Knight v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-08-31 Denied Response WaivedIFP appellate-counsel appellate-procedure brady-violation constitutional-rights effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel judgment-of-acquittal motion-for-acquittal motion-for-new-trial withholding-evidence Was Petitioner denied his constitutional right to effective assistance of appellate counsel?
18-5753 James Pello v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2018-08-27 Denied Response WaivedIFP constitutional-error due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance jury-unanimity sixth-amendment unanimous-jury-verdicts Whether the United States Court of Appeals for the Seventh Circuit, along with the Indiana State Court of last resort, have entered a decision in conf…
18-5716 Richard Blake Ray v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-23 Denied IFP 5th-circuit buck-v-davis certificate-of-appealability civil-rights due-process effective-assistance-of-counsel fifth-circuit habeas-corpus reasonable-legal-argument supreme-court-law Whether the district court and 5th circuit court of appeals erred in denying Ray a certificate of appealability
18-5665 Orestes Cabrera v. United States Eleventh Circuit 2018-08-20 Denied Response WaivedRelisted (2)IFP all-writs-act anti-terrorism-and-effective-death-penalty-act criminal-procedure due-process effective-assistance-counsel effective-assistance-of-counsel immigration-consequences nolle-prosequi padilla-claim padilla-v-kentucky retroactivity Whether petitioner's rights under the due process clause and the effective assistance of counsel were violated
18-5616 Robert Earl Clayborne, Jr. v. Nebraska Eighth Circuit 2018-08-16 Denied Response WaivedIFP 6th-amendment civil-rights competency competency-hearing criminal-defense criminal-procedure due-process effective-assistance-of-counsel mental-disability mental-health prosecutorial-misconduct right-to-counsel sixth-amendment Whether the petitioner was denied due process and effective assistance of counsel when the state court refused to hold a competency hearing despite ev…
18-5545 Carlos David Lopez v. California California 2018-08-10 Denied Response WaivedIFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel mental-health-records plea-bargaining right-to-compulsory-process right-to-confrontation right-to-counsel sixth-amendment Does a trial court's refusal to review privileged mental health records of the complaining witness violate the defendant's Sixth Amendment rights?
18-5446 Allan Latoi Story v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-06 Denied IFP brady-violation civil-rights due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance sixth-amendment speedy-trial Whether the state violated the petitioner's constitutional rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments
18-154 Roderic Rooks v. Shawn Brewer, Warden Sixth Circuit 2018-08-03 Denied Response Waived certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment franks-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-available-evidence pretrial-motion prosecutorial-misconduct Whether the district court erred in denying a certificate of appealability on petitioner's constitutional challenges to his state court conviction
18-5458 Kevin Taylor v. Darrel Vannoy, Warden Fifth Circuit 2018-08-03 Denied Response WaivedIFP cause-and-prejudice comity compulsory-process confrontation-clause due-process effective-assistance-of-counsel fundamental-fairness ineffective-assistance-of-counsel sixth-amendment Whether Mr. Taylor's Sixth Amendment right to confront and cross-examine his accusers was violated when he was denied Compulsory Process
18-5459 Zachary David Warnell v. Texas Texas 2018-08-03 Denied IFP appeal appeals appellate-procedure constitutional-rights criminal-procedure douglas-v-california due-process effective-assistance-of-counsel equal-protection evitts-v-lucey ineffective-assistance pro-se-representation right-to-counsel Can a state deny a criminal defendant the constitutional right to appeal with the effective assistance of counsel?
18-5433 Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-08-01 Denied Response WaivedIFP closing-argument constitutional-rights due-process effective-assistance-of-counsel fair-trial hearsay-evidence ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct right-to-testify sixth-amendment speedy-trial Was the petitioner denied her right to a fair trial and effective assistance of counsel?
18-5336 Ventron Vaneke Lott v. Patrick Warren, Warden Sixth Circuit 2018-07-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence ineffective-assistance-of-counsel judicial-discretion michigan-law sentencing-guidelines sixth-amendment Whether the trial court erred in sentencing the petitioner under the restrictions of OV-1 and OV-2 of the Michigan Sentencing Guidelines in violation …
18-5339 Tyron James v. Paul Snyder, Warden, et al. Tenth Circuit 2018-07-25 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel plea-bargaining retroactive-application sixth-amendment strickland-v-washington Whether the 10th Circuit Court of Appeals erred in affirming the conviction and not applying the Santobello decision on counsel's performance retroact…
18-5333 Scott Leslie Carmell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-24 Denied IFP appellate-procedure civil-procedure civil-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance jurisdiction sixth-amendment standing Whether the petitioner's Sixth Amendment right to effective assistance of appellate counsel was violated when the appellate court sua sponte dismissed…
18-5297 Allen Jamel Robinson v. Darryl Vannoy, Warden Fifth Circuit 2018-07-20 Denied Response WaivedIFP civil-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment Whether the petitioner was denied effective assistance of counsel in violation of the Sixth Amendment due to counsel's failure to properly investigate…
18-5216 Johnny Allen Martin v. Gregory McLaughlin, Warden Eleventh Circuit 2018-07-12 Denied Response WaivedIFP case-law constitutional-violation counsel-right criminal-appeal direct-appeal due-process effective-assistance-of-counsel equal-protection ineffective-assistance statutory-provisions threshold-determination Does the petitioner have a nonwaivable constitutional right to (a) effective/conflict-free assistance of counsel on direct appeal from his or her conv…
18-66 Regis Blake Ross v. Arizona Arizona 2018-07-12 Denied constitutional-review criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing federal-review-standards ineffective-assistance plea-bargaining plea-voluntariness post-conviction-relief standard-of-review supreme-court-precedent Did the Arizona courts err in failing to apply the proper federal standard of review for claims of ineffective assistance of counsel, involuntary plea…
18-5071 Juan Carlos Vazquez v. South Carolina South Carolina 2018-07-02 Denied Response RequestedRelisted (2)IFP deportation due-process effective-assistance-of-counsel guilty-plea knowing-and-voluntary language-barrier prosecutorial-misconduct sixth-amendment Was petitioner denied his Sixth Amendment right to effective assistance of counsel?
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…