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 he acted 'forcibl…
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 Whether the district court's error in accepting the guilty plea under Federal Rules of Criminal Procedure 11(b)(8) is 'plain' where the record identif…
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
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 Should the Court finally overrule Almendarez-Torres?
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 Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree
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 Did the lower court err in failing to prove the first-degree assault and first-degree burglary elements beyond a reasonable doubt?
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 Octavious Demont Williams petitioned for a writ of habeas corpus, arguing that his constitutional due process was violated when he was deprived of the…
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…