elements-of-crime
11 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-7103 | Ikeviaun Quamonn Johnson v. United States | Fourth Circuit | 2025-04-30 | Denied | Response WaivedIFP | arraignment-rights criminal-procedure due-process elements-of-crime federal-assault indictment-sufficiency | Was Mr. Johnson entitled to vacatur of his conviction for assaulting federal officers where the essential element of the charge that Mr. Johnson acted… |
| 22-7272 | Christopher Ernest Martinez v. United States | Fifth Circuit | 2023-04-13 | Denied | Response WaivedIFP | criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court | Where the record identifies no conduct that matches the clearly established and uncontested elements of the crime of conviction, is the district court… |
| 21-7957 | Samuel Morales v. United States | Fifth Circuit | 2022-05-24 | Denied | Response WaivedIFP | burden-of-proof circumstantial-evidence conspiracy criminal-law criminal-procedure drug-conspiracy drug-crimes elements-of-crime reasonable-doubt | Whether the government fails to prove the elements of a drug conspiracy beyond a reasonable doubt when it has only circumstantial evidence and that ev… |
| 21-6514 | Jorge Hernandez Rivera v. United States | Fourth Circuit | 2021-12-06 | Denied | Response WaivedIFP | armed-career-criminal-act criminal-procedure elements-of-crime felon-in-possession firearm-offense information-defect second-amendment sentencing sentencing-enhancement | WHETHER AN INFORMATION IS DEFECTIVE FOR FAILING TO STATE THE PROPER ELEMENTS FOR THE CRIME OF FELON IN POSSESSION OF A FIREARM WHETHER THE ACCA BAN B… |
| 21-5233 | Abel Guillermo Godoy v. United States | Ninth Circuit | 2021-07-28 | Denied | Response WaivedIFP | alleyne-v-united-states criminal-procedure criminal-prosecution due-process elements-of-crime jury-determination legal-precedent prior-conviction prior-convictions sentencing sentencing-factors sixth-amendment | In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 20-6130 | Desmond Howard Greer v. United States | Fifth Circuit | 2020-10-26 | GVR | Relisted (2)IFP | criminal-law criminal-offense elements-of-crime force legal-interpretation mens-rea personal-injury reckless-injury recklessness sentencing use-of-force violent-crime | Whether an offense has as an element the use of force against the person of another if it may be committed by recklessly inflicting injury? |
| 20-5191 | Joshua Edwards v. United States | Fifth Circuit | 2020-07-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure criminal-trial due-process elements-of-crime elements-of-offense fifth-circuit jury-instructions trial-defense | Did the United States Court of Appeals for the Fifth Circuit err when it held that the district court's failure to instruct the jury on the elements o… |
| 19-7183 | Malcolm William v. Pennsylvania | Pennsylvania | 2020-01-06 | Denied | Response WaivedIFP | causation criminal-procedure criminal-procedure-arrest-of-judgment due-process elements-of-crime evidence evidence-sufficiency hearsay insufficient-evidence malice motion-in-limine murder murder-charge new-trial sixth-amendment third-degree | 1. Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree, as *there is insufficient evidence to sust… |
| 19-6218 | Timothy Milton Boone v. Maryland | Maryland | 2019-10-09 | Denied | IFP | 14th-amendment assault burden-of-proof burglary constitutional-requirements criminal-intent criminal-procedure due-process elements-of-crime first-degree-assault first-degree-burglary maryland-code maryland-criminal-code reasonable-doubt | 1 DID THE LOWER COURT ERROR BY FAILING TO PROVE THE FIRST DEGREE ASSAULT ELEMENT S WITH INTENT TWO COMIT CRIME OF VIOLENCE P 2 DID THE LOWER COURT ER… |
| 18-1064 | In Re Octavious DeMont Williams | 2019-02-13 | Denied | 21-usc-841 burden-of-proof constitutional-due-process constitutional-rights controlled-substance criminal-procedure due-process elements-of-crime fifth-amendment judicial-misconduct jury jury-finding jury-trial | Whether petitioner's constitutional due process was violated when he was deprived of the fundamental right that a jury find him guilty of all elements… | ||
| 18-6279 | Samuel Kwushue v. United States | Eleventh Circuit | 2018-10-11 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-11 elements-of-crime federal-regulation federal-regulations federal-rule-11 guilty-plea jurisdiction rule-11 statute-of-conviction statutory-elements wire-fraud | Could a guilty plea, accepted in violation of Federal Rule of Criminal Procedure 11, support a conviction, when the conduct to which a defendant admit… |