| 23-5075 |
Derek J. Petty v. United States |
Eighth Circuit |
2023-07-11 |
Denied |
Response WaivedIFP |
criminal-law criminal-offense criminal-procedure due-process essential-element federal-felony federal-jurisdiction indictment indictment-defect judicial-review structural-error |
Whether the omission of an essential element of a criminal offense from a federal felony indictment constitutes structural error |
| 22-7540 |
Harry Cole v. United States |
Fifth Circuit |
2023-05-12 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure district-court due-process essential-element jurisdiction jurisdictional-concept sua-sponte venue |
Whether venue is only a jurisdictional concept rather than essential element of an offense that must be proved beyond a reasonable doubt |
| 22-7277 |
Genard Alonzo Toney v. United States |
Eighth Circuit |
2023-04-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction discovery due-process essential-element ineffective-assistance judicial-review plea-bargaining prosecutorial-misconduct sentencing-hearing trial-integrity |
Whether defendant received ineffective assistance of counsel |
| 21-7923 |
Charles K. Topping and J. W. Long, aka James Wayne Long v. United States |
Eleventh Circuit |
2022-05-20 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process essential-element fraud-scheme jury-instructions prosecutorial-misconduct theory-of-defense |
Where the district court's instructions to the jury in a criminal case provide—as part of the theory of defense instruction—an explanation of an essen… |
| 21-1082 |
Tarresse Leonard v. United States |
Eleventh Circuit |
2022-02-04 |
Denied |
|
criminal-procedure essential-element harmless-error indictment judicial-review motion-to-dismiss structural-error |
Whether the erroneous denial of a timely raised motion to dismiss an indictment omitting an essential element is structural error requiring dismissal … |
| 21-5342 |
Jamerl M. Wortham v. United States |
Eighth Circuit |
2021-08-11 |
Denied |
Response WaivedIFP |
appellate-review essential-element jury-instruction jury-instructions sixth-amendment unanimous-verdict waiver |
Whether a defendant waives appellate review of his Sixth Amendment right to a unanimous verdict when the government and defense counsel jointly submit… |
| 20-8267 |
Christopher Jermaine Kelley v. United States |
Sixth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-challenge criminal-procedure due-process essential-element guilty-plea judicial-review parties plea-bargaining |
Question not identified |
| 20-6601 |
Savannah Sifuentes v. United States |
Fifth Circuit |
2020-12-10 |
Denied |
Relisted (2)IFP |
appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver |
Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits the a… |
| 20-5773 |
William C. McGee v. United States |
Eighth Circuit |
2020-09-24 |
Denied |
Relisted (4)IFP |
armed-career-criminal-act criminal-procedure essential-element judicial-determination jury-instructions jury-trial sixth-amendment structural-error |
Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness |
| 19-8376 |
Carlos M. Guerrero-Castro v. United States |
First Circuit |
2020-04-28 |
Denied |
Response WaivedIFP |
conspiracy criminal-enterprise criminal-procedure enterprise essential-element judicial-procedure jury-instruction jury-instructions plain-error RICO rico-conspiracy |
Whether a district court commits plain error by refusing to properly instruct the jury that the existence of an actual enterprise is always an essenti… |
| 19-8119 |
Walter E. Williams v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-03-27 |
Denied |
Relisted (2)IFP |
constitutional-challenge constitutional-law criminal-conviction criminal-procedure double-jeopardy due-process essential-element felony-murder judicial-review jury-instruction standing |
Whether the conviction for a crime without proof of an essential element of that crime violates the Due Process Clause of the Fourteenth Amendment |
| 19-7802 |
Fernando Ramirez Noria v. United States |
Fifth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
alienage confrontation-clause crawford-precedent crawford-v-washington essential-element federal-rules-of-evidence Hearsay non-testifying-agents sixth-amendment |
Did the admission of the non-testifying agents' reports of their interviews of the defendant to prove alienage, an essential element of the offense, v… |
| 19-1050 |
Kyle Brooks v. Colorado |
Colorado |
2020-02-24 |
Denied |
Response Waived |
allocution criminal-procedure due-process essential-element guilty-plea ineffective-assistance-of-counsel judicial-error plea-bargaining voluntary-plea |
Was the plea valid? |
| 19-7251 |
William McNeal v. Florida |
Florida |
2020-01-10 |
Denied |
Response WaivedIFP |
Apprendi apprendi-standard apprendi-v-new-jersey criminal-law criminal-procedure degree-classification due-process essential-element essential-elements jury-trial reclassification sentencing sentencing-enhancement statutory-interpretation |
Whether Florida's interpretation of 'essential element' is contrary to Apprendi v. New Jersey |
| 19-5178 |
Howard Lester v. Ohio |
Ohio |
2019-07-15 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure essential-element expert-testimony firearms-examination fourth-amendment prosecutor-summation report-admission seizure substitute-analyst summation witness-testimony |
Whether the admission of a non-testifying firearms examiner's report and substitute analyst testimony violated the Confrontation Clause |
| 18-7820 |
Kelly Winton Pierce v. Erik Hooks |
Fourth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights criminal-conviction criminal-procedure due-process essential-element jury-instructions sex-offender sex-offender-registration |
Whether a criminal defendant's jury trial was fundamentally violated due to the trial judge's jury instructions that changed and expanded the definiti… |