evidence

1,017 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5336 Terrell McCoy v. Stephen Duncan, Warden Fourth Circuit 2025-08-13 Denied Response WaivedIFP amendment constitutional-rights counsel criminal-procedure due-process evidence Question not identified.
25-5167 Monique C. Wallace v. Cedar Hill Dental District of Columbia 2025-07-22 Denied Relisted (2)IFP compensation evidence justice legal-action mental-health service Question not identified.
24-5926 Glenn Thomas v. United States Second Circuit 2024-11-06 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence judicial-discretion sentencing Question not identified.
24-5729 Jerome Coast v. Georgia Georgia 2024-10-09 Denied IFP constitutional-rights criminal-procedure due-process evidence federal-law jurisdiction Question not identified.
24-5510 Dawayne Rolin Walker v. Michigan Michigan 2024-09-10 Denied IFP constitutional-rights criminal-procedure due-process evidence judicial-procedure witness-testimony Question not identified.
24-5465 William Orren Dawes v. California California 2024-09-05 Denied IFP constitutional-rights criminal-law due-process evidence judicial-process legal-procedure Question not identified.
24-5247 Eric Cruz v. Officer Domingo Cervantez Fifth Circuit 2024-08-06 Denied Response WaivedIFP 14th-amendment 5th-amendment brady-rule brady-rule-of-evidence constitutional-rights criminal-procedure due-process eighth-amendment evidence evidence-exclusion qualified-immunity safe-prison-act Did the U.S. District courts' failure to allow relevant evidence into trial proceedings violate the Brady Rule of Evidence under Brady v. Maryland, 37…
24-121 John Won v. United States Second Circuit 2024-08-02 Denied Amici (1) confrontation-clause constitutional-procedure criminal-procedure criminal-trial due-process evidence exceptional-circumstances interest-of-justice sixth-amendment two-way-video video-testimony Whether the Confrontation Clause contains an exception that permits the government to present testimony at a criminal trial by two-way video so long a…
24-5207 E. C. v. Q. T. Texas 2024-08-01 Denied Relisted (2)IFP appellate-jurisdiction civil-liberties constitutional-rights criminal-procedure due-process evidence fair-trial judicial-review legal-procedure witnesses Whether the petitioner was denied due process when the trial court failed to allow him to present witnesses and evidence in his defense, thereby depri…
24-105 Boris Kotlyarsky v. Department of Justice, et al. Second Circuit 2024-07-31 Denied Response WaivedRelisted (2) constitutional-rights conviction criminal-plea criminal-procedure due-process evidence habeas-corpus innocence judicial-review procedural-safeguards In the context of habeas corpus, would it constitute a breach of due process to convict a defendant in a criminal proceeding, despite clear evidence d…
24-5143 Nicholas Nassif Hayek v. United States Sixth Circuit 2024-07-25 Denied Response WaivedIFP appellate-review criminal-procedure criminal-statement district-court due-process evidence motion-to-suppress procedural-error sixth-circuit standard-of-review fourth-amendment
24-5075 DeTron L. Perry v. Jacob L. Streittmatter Nebraska 2024-07-16 Denied IFP affirmative-defense civil-procedure contradictory-testimony due-process evidence fair-trial Question not identified
24-5061 Joshua Isaac Martinez v. Florida Florida 2024-07-12 Denied IFP civil-procedure constitutional-law evidence public-policy religion statutory-interpretation Question not identified
24-5011 Brandon Collins v. Illinois Illinois 2024-07-03 Denied Response WaivedIFP abuse-of-discretion court-discretion due-process evidence eyewitness judicial-review legal-interpretation motion-analysis reasonable-doubt speedy-trial testimony-credibility Question not identified.
24-5001 Tito Lemont Knox v. Jeffrey Krueger, Warden Fourth Circuit 2024-07-03 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-claim criminal-procedure due-process evidence federal-law habeas-corpus ineffective-assistance privacy probable-cause search-and-seizure state-court-review Question not identified
23-1360 Vernon Fiehler v. Catherine Mecklenburg, et al. Alaska 2024-07-01 Denied CVSGAmici (2)Response RequestedResponse WaivedRelisted (3) civil-procedure constitutional-provision evidence evidence-interpretation federal-survey geographic-determination judicial-discretion jurisdiction property-law water-boundary Whether a court has the power to disregard evidence of the location of a water boundary from a federal survey based on subsequent evidence of the body…
23-1355 Kris V. Zocco v. Wisconsin Wisconsin 2024-06-28 Denied Response Waived cell-phone-search criminal-procedure enumerated-crimes evidence evidence-seizure fourth-amendment particularity-requirement search-and-seizure search-warrant Does a warrant to search the entire contents of a cell phone for unspecified 'evidence' of enumerated crimes violate the Fourth Amendment's requiremen…
23-7777 Robert King Via, Jr. v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-06-21 Denied Response WaivedIFP 6th-amendment accomplice-testimony constitutional-law criminal-procedure criminal-rights due-process evidence exculpatory-evidence witness-testimony Does the uncorroborated testimony of alleged accomplices outweigh a defendant's 6th Amendment right to present evidence in his favor?
23-7771 Stephen Lundquist v. Idaho Idaho 2024-06-21 Denied Response WaivedRelisted (2)IFP brady-v-maryland brady-violation criminal-intent due-process duress evidence evidence-standard judicial-procedure post-conviction-relief reasonable-probability state-court Is the Idaho state court in violation of the Brady-v-maryland rule by changing the evidence, contrary to uncontroverted evidence, in dismissing the th…
23-7766 Charles Edward Luckett v. Robert Neuschmid, Warden Ninth Circuit 2024-06-20 Denied Response WaivedIFP brady-v-maryland burden-of-proof criminal-procedure due-process evidence exclusionary-rule fourteenth-amendment fourth-amendment habeas-corpus sixth-amendment witness Whether the exclusion of evidence related to Luckett's brother's detention inside the crime scene perimeter violated Luckett's Sixth and Fourteenth Am…
23-7715 Noel Bender v. Iowa Department of Corrections, et al. Eighth Circuit 2024-06-13 Denied Response WaivedRelisted (2)IFP criminal-procedure criminal-statute domestic-violence due-process evidence federal-law firearm-possession gun-rights restraining-order standard-of-proof statutory-interpretation Whether Substubal Evidence Supports the District Court's Holding beyond a reasonable doubt that Noel Berd and Boyle Banks were Cohabiting at the time …
23-7699 Levoyd A. Jones v. Angela Hunsinger-Stuff, Warden Sixth Circuit 2024-06-12 Denied IFP 6th-amendment brady-violation criminal-procedure direct-evidence due-process evidence ineffective-assistance jurisdiction sixth-amendment trial-counsel uncharged-crime witness-impeachment Whether evidence of an uncharged crime can be used as direct evidence
23-7690 Wendell Johnson, aka Lamar Hill v. New Jersey New Jersey 2024-06-12 Denied IFP administrative-law civil-rights constitutional-law criminal-procedure due-process evidence ineffective-assistance-of-counsel judicial-bias judicial-review legal-procedure prosecutorial-misconduct statutory-interpretation Question not identified
23-7669 Anthony Bender, Jr. v. United States Seventh Circuit 2024-06-07 Denied Response WaivedIFP brady-violation burden-of-proof criminal-procedure due-process evidence evidence-sufficiency police-testimony prosecutorial-misconduct reasonable-sentence witness-testimony whether-the-government's-failure-to-disclose-the-dash-camera-video-constituted-a-brady-violation
23-7654 Tildren Sherron Hunter v. United States Fourth Circuit 2024-06-06 Denied Response WaivedIFP appellate-standard criminal-evidence criminal-law drug-crimes evidence fourth-circuit-review intent intent-to-distribute jury-verdict methamphetamine-possession standard-of-review sufficiency-of-evidence Whether the Fourth Circuit improperly upheld Mr. Hunter's conviction of possession with intent to distribute methamphetamine
23-7582 Manna Massaquoi v. Pennsylvania Pennsylvania 2024-05-29 Denied Response WaivedIFP administrative-law civil-procedure civil-rights constitutional-law constitutional-rights due-process evidence judicial-review jurisdiction legal-procedure standing Did the Pennsylvania Supreme Court err in finding that the FORA Consent Decree entered by the Pennsylvania Governor was not violated by the granting o…
23-7528 Aaron Matthew Rentfrow v. United States Fifth Circuit 2024-05-21 Denied Response WaivedIFP criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony Whether the district court erred in failing to grant a mistrial
23-7526 Thomas Webster v. Natalie Haskins, Program Director, Haskins Residential Care Ninth Circuit 2024-05-21 Denied Relisted (2)IFP appellate-review civil-procedure due-process evidence evidentiary-rules expert-witness judicial-procedure judicial-proceedings motion-timing standards-of-review Whether the lower court erred in allowing the defendant to introduce a crucial piece of evidence, an expert witness's report, after the closing of mot…
23-7511 Rodney Johnson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2024-05-20 Denied IFP appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment probable-cause search-and-seizure Whether the issuing authority failed to comply with the rules of court to exclude the judge's signed order of the AEE and deny a writ of probable caus…
23-7515 Carlos Davis v. Hemmersbach US, L.L.C. Fifth Circuit 2024-05-20 Denied Response WaivedRelisted (3)IFP appellate-procedure circuit-rules civil-procedure contract-law due-process evidence evidence-presentation jurisdiction verbal-agreement verbal-contract Does the 5th Circuit's circuit rules supersede The Federal Circuit and U.S Supreme Court, particularly when parties may present new arguments for the …
23-7491 Caesar V. Vaca v. United States Eighth Circuit 2024-05-16 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-introduction fair-trial federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel trial-attorney Whether trial attorney's error resulted in the introduction of evidence under Federal Rules of Evidence 404(b) that led to an unfair conviction
23-7471 Shauntavus Berklin v. United States Eleventh Circuit 2024-05-14 Denied Response WaivedIFP appeal criminal-appeal criminal-procedure district-court due-process eleventh-circuit evidence federal-sentencing-guidelines gun-accountability sentencing sentencing-factors sentencing-guidelines Whether certiorari review should be granted where the Eleventh Circuit erred in affirming the district court's denial of Berklin's objection to the nu…
23-7438 Anthony Espinosa Gonzales v. United States Ninth Circuit 2024-05-09 Denied Response WaivedIFP appellate-review computer-generated-evidence conviction court-of-appeals due-process evidence evidence-authentication evidentiary-standards federal-rule-of-evidence-901(b)(9) federal-rules-of-evidence judicial-procedure Did the court of appeals' ratification of the use of computer-generated evidence to convict petitioner represent a clear departure from the requiremen…
23-7379 Michael Hebert v. Tim Hooper, Warden Fifth Circuit 2024-05-03 Denied Response WaivedIFP brady-violation constitutional-violations due-process evidence evidence-contamination fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment Whether the lower court erred in denying COA on the claim of prosecutorial misconduct
23-7355 Demario Barker v. United States Seventh Circuit 2024-05-01 Denied Response WaivedIFP criminal-procedure due-process evidence federal-sentencing-guidelines guideline-calculation hearsay hearsay-statements reliability-standard sentencing sentencing-guidelines Whether presumptively unreliable hearsay statements should be permitted in sentencing hearings to substantially increase a Defendant's guideline calcu…
23-1181 Gail M. Ritchey v. Ohio Ohio 2024-05-01 Denied Amici (1) autopsy-report confrontation-clause criminal-investigation criminal-procedure evidence hearsay-evidence medical-examiner medical-examiner-testimony sixth-amendment Does the admission of an autopsy report and testimony from a doctor who neither participated in the autopsy nor prepared the report violate the Sixth …
23-7326 Erik Johnson v. Patrick Griffin Second Circuit 2024-04-29 Denied Response WaivedIFP civil-procedure confrontation-clause criminal-procedure due-process evidence hearsay hearsay-evidence missing-witness missing-witness-instruction testimonial-statement Whether the admission into evidence of hearsay statements violated petitioner's Confrontation Clause rights
23-7295 Glen Taylor Helzer v. California California 2024-04-23 Denied IFP criminal-procedure evidence exigent-circumstances fourth-amendment plain-view-doctrine probable-cause search-and-seizure warrant-requirement warrant-scope Does the plain view doctrine apply where police enter and seize a home under a warrant to search for evidence of specified crimes, and forego getting …
23-7255 Andrew Horace v. MD Now Medical Centers, Inc. Eleventh Circuit 2024-04-18 Denied Response WaivedIFP 11th-circuit civil-rights dismissal-standard due-process evidence federal-procedure medical-battery pleading pleading-standards standing twombly-doctrine Whether Horace forfeited his argument in the District Court's error in granting MD Now's motion to dismiss without considering medical records and exp…
23-7172 JB Nicholas v. Judy A. Camuso, Commissioner, Maine Department of Inland Fisheries & Wildlife First Circuit 2024-04-10 Denied Response RequestedResponse WaivedRelisted (2)IFP burford-abstention civil-rights due-process evidence first-amendment government-restrictions judicial-review occupational-liberty rational-basis Should the Court require Government-imposed restrictions on the 809-year-old personal right to occupational liberty, long-recognized by this Court as …
23-7174 Richard Lee David Brown v. United States Eighth Circuit 2024-04-09 Denied IFP appellate-review constitutional-challenge criminal-procedure defense-instruction drug-convictions due-process evidence jury-instructions plain-error prior-convictions propensity-evidence Whether the admission of prior drug convictions constitutes impermissible propensity
23-7156 Robert Shields v. United States Sixth Circuit 2024-04-08 Denied Response WaivedIFP chain-of-custody chemical-identity constitutional-rights criminal-law criminal-procedure drug-distribution due-process evidence evidence-standard Does the Constitutional right to due process of law require some evidence that a drug that resulted in death was chemically identical to the drug a De…
23-1091 Call-A-Head Portable Toilets, Inc., et al. v. New York State Department of Environmental Conservation, et al. New York 2024-04-08 Denied Response Waived administrative-law administrative-proceeding confrontation-clause criminal-procedure due-process evidence sixth-amendment witness-testimony Do the accused in State administrative proceedings have a Sixth Amendment right to confront and cross-examine witnesses whose written testimony serves…
23-7152 Sean Burton v. Pennsylvania Pennsylvania 2024-04-05 Denied IFP brady-rule constitutional-rights criminal-procedure due-process evidence exculpatory-evidence government-misconduct post-conviction-relief right-to-a-fair-trial whether-the-commonwealth-of-pennsylvania-violated-the-brady-rule
23-7097 Travis C. Crosby v. United States Eleventh Circuit 2024-03-28 Denied Response WaivedIFP conspiracy criminal-evidence criminal-procedure due-process eleventh-circuit evidence fraud fraud-charges ppp-loans relevant-conduct rule-404b sentencing Whether the Eleventh Circuit erred in admitting Rule 404(b) evidence of unrelated PPP loan fraud,
23-7087 Natasha Bates, aka Tasha Bates v. Tennessee Tennessee 2024-03-27 Denied IFP 4th-amendment 6th-amendment criminal-procedure evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief due to introduction of evidence from a warrantless…
23-7078 Jeffery Wayne Taylor v. United States Eighth Circuit 2024-03-26 Denied Response WaivedIFP confrontation-clause criminal-procedure criminal-trial cross-examination due-process evidence first-step-act out-of-court-statements sixth-amendment Is it a violation of the Confrontation Clause when an out-of-court statement connecting the defendant to the crime is admitted during trial, making it…
23-7057 Sammy Tinnin v. Indiana Indiana 2024-03-22 Dismissed Response WaivedIFP criminal-procedure due-process evidence fair-trial fourteenth-amendment sixth-amendment Whether the admission of evidence that is not supported by the record deprives a defendant of their Sixth and Fourteenth Amendment right to a fair tri…
23-7047 Renaire Roshique Lewis, Jr. v. United States Fourth Circuit 2024-03-21 Denied Response WaivedIFP coconspirator-hearsay counsel criminal-procedure due-process evidence federal-rules-of-evidence fifth-amendment miranda-warnings right-to-counsel Whether the presence of counsel obviates the need for Miranda warnings
23-7016 Gregory Chatten Stockman v. California California 2024-03-18 Denied IFP appellate-procedure civil-procedure constitutional-review criminal-procedure due-process evidence judicial-interpretation patent-infringement patent-licensing standing state-court-review Whether the terms and conditions of a patent license agreement are admissible as evidence in a patent infringement case
23-7004 Noel Vincent Thomas v. Florida Department of Highway Safety and Motor Vehicles Florida 2024-03-15 Denied Response WaivedIFP civil-procedure claim-dismissal discovery-process dismissal due-process evidence evidence-standard judicial-review pleading-sufficiency pleadings standing trial-court-discretion Whether the Trial Court erred in dismissing Petitioner's claim
23-6948 Erick Wanjiku v. Oklahoma Oklahoma 2024-03-11 Denied IFP 14th-amendment civil-rights constitutional-interpretation criminal-procedure due-process evidence judicial-bias jurisdiction legal-standards state-court vagueness-doctrine Question not identified
23-6952 Frantz Brifil v. Florida Florida 2024-03-11 Denied Response WaivedIFP confrontation-clause constitutional-law crawford-v-washington criminal-procedure due-process evidence evidence-law hearsay out-of-court-statements sixth-amendment witness-testimony Whether the state court violated the mandate of Crawford and progeny by introducing a nontestifying witness's out-of-court statements?
23-6943 Michael Lawrence Kerlin v. United States Fourth Circuit 2024-03-08 Denied Response WaivedIFP criminal-procedure criminal-sentencing cross-reference disproportionate-effect due-process evidence evidence-standard pro-se-petition sentencing-guidelines standard-of-proof Whether a cross reference which has a disproportionate effect on the sentence requires a higher standard of proof than mere preponderance
23-6887 Brenda B. v. Tennessee Department of Children's Services Tennessee 2024-03-04 Denied Response WaivedIFP 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence evidence-credibility hearsay-rules witness-credibility witness-testimony Do I have a right to confront alleged witnesses?
23-6859 Andrew Smart v. Jamie LaManna Second Circuit 2024-02-29 Denied Response WaivedIFP constitutional-amendment constitutional-law criminal-procedure district-court-procedure due-process evidence federal-courts federal-law habeas-corpus witness-identification Whether the Courts below determination that the witnesses Identification was not unduly suggestive, was contrary to clearly established Federal Taw §2…
23-6865 Justus Onyiego v. Tennessee Tennessee 2024-02-29 Denied IFP constitutional-rights criminal-procedure due-process evidence ineffective-assistance post-conviction right-to-counsel right-to-testify trial-counsel Was trial counsel ineffective?
23-937 Joshua James Duggar v. United States Eighth Circuit 2024-02-28 Denied alternative-perpetrator complete-defense constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion trial-court trial-court-discretion Does the exclusion of relevant evidence of an alternative perpetrator based on a trial court's conclusion it is too speculative violate a criminal def…
23-6825 Jmarreon Mack v. United States Fifth Circuit 2024-02-26 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fair-trial judicial-integrity prosecutorial-misconduct trial-fairness Question not identified
23-6809 Warren Lee Mackey v. United States Eighth Circuit 2024-02-22 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process evidence harmless-error judicial-precedent prejudice prejudice-standard trial-testimony witness-bolstering witness-testimony Whether this Court should adopt a test that vacates a conviction where there is a 'reasonable probability' that improper bolstering or vouching testim…
23-6795 Gregory Taylor v. United States Sixth Circuit 2024-02-21 Denied Relisted (2)IFP confrontation-clause criminal-procedure evidence expert-testimony hearsay laboratory-evidence laboratory-tests sixth-amendment Whether the Confrontation Clause of the Sixth Amendment is satisfied when an expert witness provides opinion testimony that is based on data from labo…
23-6789 Randolph Maya v. Florida Florida 2024-02-20 Denied Response WaivedIFP evidence grand-jury grand-jury-testimony impeachment impeachment-evidence jury-instructions prior-inconsistent-statement substantive-evidence witness witness-testimony Can a party knowingly call a witness it expects to testify contrary to previous statements in order for those statements to entered as substantive evi…
23-886 Carlos Guardado v. Massachusetts Massachusetts 2024-02-16 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) burks-v-united-states change-in-law criminal-procedure double-jeopardy evidence legal-sufficiency prosecution-evidence second-trial supreme-court-precedent trial-rights Whether there is an exception to the Burks v. United States holding that the Double Jeopardy Clause forbids a second trial to allow the prosecution to…
23-6763 Armani L. Moore v. Illinois Illinois 2024-02-15 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure evidence evidence-law memory-loss sixth-amendment testimonial-hearsay unavailable-witness witness-unavailability Whether a declarant is 'unavailable to testify' for purposes of the Sixth Amendment
23-6748 Eric Lavell Minter v. United States Sixth Circuit 2024-02-14 Denied Response WaivedIFP burden-of-proof circuit-court-review civil-rights clear-error-standard criminal-enterprise criminal-procedure due-process evidence fact-based-enhancement managerial-role sentencing sentencing-enhancement Must a district court find that a defendant exercised control over another participant in a criminal enterprise before considering a managerial-role s…
23-6711 Ronnie Collins, Jr. v. United States Fifth Circuit 2024-02-09 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence harmful-error harmless-error witness-testimony Whether the limits placed on Collins's right to cross-examine the central witness against him constituted harmful error
23-6715 Re'Shaun Lamonte Wilborne v. United States Fourth Circuit 2024-02-09 Denied Response WaivedIFP criminal-procedure evidence exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause search-and-seizure Whether the inventory search doctrine can be invoked on slight evidence when no written inventory search policy was produced and the police officer's …
23-6678 In Re Tina Wagoner 2024-02-06 Denied IFP arrest civil-rights criminal-procedure due-process evidence probable-cause Whether the criminal court and law enforcement's failure to arrest and properly process the accused prevented due process and allowed for misrepresent…
23-6679 Quaysean Tikii Williams v. Oklahoma Oklahoma 2024-02-06 Denied IFP conspiracy criminal-procedure due-process evidence firearm jackson-v-virginia robbery sufficiency-of-evidence Whether the Oklahoma Court of Criminal Appeals determination that there was sufficient evidence to support petitioner's conviction for conspiracy to c…
23-6616 Fan Yang v. United States Eleventh Circuit 2024-01-30 Denied Response WaivedIFP complete-defense criminal-defendant criminal-defense criminal-procedure due-process evidence evidence-exclusion federal-rules-of-evidence jury-trial right-to-present-defense rule-403 Whether a court may exclude evidence under Fed. R. Evid. 403, where doing so would preclude a criminal defendant from presenting a complete defense to…
23-6588 Aaron Ramirez Espinoza v. United States Ninth Circuit 2024-01-26 Denied Response WaivedIFP co-conspirator conspiracy criminal-evidence criminal-law due-process evidence government-informant sufficiency-of-evidence testimony witness-testimony Whether a government informant and co-conspirators testimony of another's involvement in the conspiracy is sufficient evidence to sustain a conviction…
23-6580 Charles Ramon, III, aka Charles Roger Ramon v. United States Tenth Circuit 2024-01-25 Denied Response WaivedIFP evidence fourth-amendment privacy-expectation probation probation-conditions reasonable-suspicion search-and-seizure supervised-release warrantless-search Whether the Fourth Amendment required U.S. Probation to conform its conduct to the text of the release condition imposed on Petitioner
23-6525 Michael Dukes v. E.M.S.A. HSA Stephanie Wood, et al. Third Circuit 2024-01-23 Denied Response WaivedIFP civil-procedure court-proceedings due-process evidence extraordinary-circumstances judicial-procedure legal-standard material-evidence obstruction obstruction-of-justice standing Does obstruction preventing dispositive material evidence from being presented in court constitute 'extraordinary circumstances'?
23-6510 In Re Theodore C. Shove 2024-01-18 Dismissed Relisted (2)IFP civil-rights constitutional-violation criminal-procedure due-process evidence judicial-misconduct judicial-review legal-evidence oath-of-office standing trial-procedure Whether there can be an appealable judgment without a valid legal search or arrest warrant, or returns of any evidence
23-6489 Robert E. Harrison v. United States Eighth Circuit 2024-01-17 Denied Response WaivedIFP circuit-split criminal-procedure evidence evidence-admissibility intent-knowledge prior-bad-acts prior-conviction propensity-evidence rule-404(b) rule-404b statutory-interpretation supreme-court Whether prior gun possession convictions are admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date
23-6468 Omar A. Rahman v. Pennsylvania Pennsylvania 2024-01-11 Denied Response WaivedIFP constitutional-provisions criminal-procedure due-process evidence pennsylvania-superior-court right-to-counsel right-to-defense search-and-seizure suppression-of-evidence unlawful-arrest witness-testimony Whether the Pennsylvania Superior Court's decision conflicts with the decisions of the United States Court of Appeals and other Pennsylvania Superior …
23-6450 Alfred Correa Dizon v. Vectrus Systems Corporation Fifth Circuit 2024-01-10 Denied Relisted (5)IFP civil-procedure constitutional-rights due-process evidence evidence-exclusion fair-trial judicial-bias pro-se pro-se-litigant standing Whether the lower court and defense counsel violated federal rules of civil procedure, due process, and the appellant's constitutional rights
23-721 Gayle Killilea v. Richard M. Coan, et al. Second Circuit 2024-01-04 Denied Response RequestedResponse WaivedRelisted (2) avoidance-action bankruptcy-law civil-procedure evidence expert-testimony federal-rules-of-evidence jury property-transfer rules-of-evidence statutory-interpretation trust Whether expert testimony may be excluded under Rules 702 and 704 because the expert offers an opinion on the relevant question of fact
23-6400 Michael Hewitt v. United States Second Circuit 2024-01-02 Denied Response WaivedIFP conspiracy criminal-law double-jeopardy drug-distribution evidence jury-instructions Should the trial court have acquitted Petitioner of conspiracy to distribute methamphetamine
23-6386 Michael Andrew King, Jr. v. United States Fourth Circuit 2023-12-28 Denied Response WaivedIFP appellate-review credibility-determination criminal-procedure due-process due-process-rights evidence jury-instructions jury-trial mask-obstruction witness-credibility witness-testimony Whether an appellate court's traditional deference to credibility determinations made by jurors in returning a guilty verdict should give way where th…
23-6354 Devonte Easterling, aka Devontae Easterling v. Mississippi Mississippi 2023-12-27 Denied Response WaivedRelisted (2)IFP civil-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel Whether the petitioner is eligible for a new trial based on newly discovered evidence
23-6341 Tramaine Edward Martin v. Jay Forshey, Warden Sixth Circuit 2023-12-26 Denied Response WaivedIFP abuse-of-process civil-rights criminal-procedure double-jeopardy due-process evidence evidence-sufficiency habeas-corpus judicial-misconduct Does habeas corpus stand to correct the abuse of process involved in deliberate deception of a court by presentation of known false evidence?
23-6270 Tony French v. Washington Washington 2023-12-15 Denied IFP civil-rights constitutional-rights due-process evidence police-misconduct property-rights search-and-seizure self-defense state-action vehicle-destruction vehicle-seizure Were the petitioner's due process rights violated when the Pierce County Sheriff's Department caused the loss and destruction of the vehicle the petit…
23-6271 Tyrone Maddox v. Illinois Illinois 2023-12-15 Denied IFP criminal-procedure evidence evidence-admissibility intent intent-element judicial-discretion narcotics-charge prejudice prejudicial-evidence prior-conviction prior-convictions probative-value Whether the trial court erred in admitting Tyrone Maddox's 20-year-old prior conviction for delivery of narcotics on the issue of intent, where the pr…
23-6272 In Re Bruce Lamont Fuller 2023-12-15 Denied IFP civil-rights constitutional-provisions corpus-delicti criminal-procedure due-process evidence jurisdiction standing statewide-importance statutory-provisions How shall we have a conclusive answer of corpus delcti of statewide importance when their has not been an effective ascertainment of expeditious truth…
23-6260 Charles E. Linder, Jr. v. Kenneth Black, Warden Sixth Circuit 2023-12-14 Denied Response WaivedIFP constitutional-law criminal-procedure detective-testimony evidence evidentiary-objection firearm ineffective-assistance sixth-amendment testimony witness-credibility Whether trial counsel was ineffective in violation of the Sixth Amendment due to failure to object to testimony
23-6158 Derrick Hunt v. United States Eleventh Circuit 2023-12-06 Denied Response WaivedIFP 4th-amendment child-pornography criminal-procedure evidence fourth-amendment motion-to-suppress probable-cause search-and-seizure search-warrant Did the District Court abuse its discretion in denying Defendant's motion to suppress the search of his computer?
23-582 Rollo A. Barker, aka Rollo Narker v. New Jersey New Jersey 2023-11-30 Denied Response RequestedResponse WaivedRelisted (2) 6th-amendment chain-of-custody confrontation-clause criminal-evidence evidence forensic-analysis lab-analysis lab-testimony melendez-diaz melendez-diaz-precedent sixth-amendment Does testimony from a lab analyst who did not perform the actual testing on Defendant's seized (alleged) contraband that was analyzed by a State Polic…
23-6128 Julia Ann Poff v. United States Fifth Circuit 2023-11-29 Denied Response WaivedIFP civil-procedure constitutional-rights criminal-procedure due-process evidence expert-testimony fair-trial indigent-defense plea-bargaining right-to-counsel Question not identified
23-6123 Kyle Maurice Parks v. United States Eighth Circuit 2023-11-28 Denied Response WaivedIFP camera constitutional-rights criminal-procedure due-process evidence law-enforcement perjury search-and-seizure suppression-hearing vehicle Can a court allow the prosecution to present evidence of a defendant's vehicle, camera, or perjury for the purpose of a suppression hearing and violat…
23-563 Obaida Abdulky, et al., as Parents and Next Friends of Anthony Abdulky v. Lubin & Meyer, P.C., et al. Massachusetts 2023-11-27 Denied appellate-procedure civil-procedure constitutional-law constitutional-rights due-process evidence judicial-review legal-standards notice procedural-fairness Whether the Appeals Court of Massachusetts violated the due process rights of the Petitioners
23-6072 James Richards v. United States Eighth Circuit 2023-11-21 Denied Response WaivedIFP confrontation-clause constitutional-rights crawford-v-washington crawford-violation criminal-procedure evidence ineffective-assistance ineffective-assistance-of-counsel sixth-amendment testimonial-evidence Whether the admission of a deceased witness's testimonial video statement violated the Sixth Amendment Confrontation Clause, despite defense counsel's…
23-6085 Randall Gray Stoneman, Jr. v. United States Fourth Circuit 2023-11-21 Denied Response WaivedIFP 4th-amendment criminal-procedure district-court evidence evidence-seizure federal-sentencing-guidelines motion-to-suppress search-and-seizure sentencing sentencing-guidelines video-surveillance Was the district court in error in denying the motion to suppress the evidence?
23-6056 Talthia Sorbel v. South Dakota, ex rel. South Dakota Department of Social Services, et al. South Dakota 2023-11-20 Denied Relisted (3)IFP adoption civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admission family judicial-review standing Whether the lower court erred in denying the petitioner's request to present new evidence in the case
23-6058 Liberty Anne Walden v. Jeremy Howard, Warden Sixth Circuit 2023-11-20 Denied Response WaivedIFP civil-procedure due-process evidence expert-testimony judicial-error misconduct plain-error prosecutorial-misconduct trial-court-discretion trial-procedure witness-credibility Did the trial court plainly error by allowing Dr. Mohr to testify outside the realm of her expertise thereby providing testimony to the ultimate issue…
23-6060 John Lacey Mulkey v. Georgia Georgia 2023-11-20 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence extrinsic-evidence right-to-present-defense rule-403 sixth-amendment speedy-trial Did the Court of Appeals violate the due process right to present a defense, in holding admissible, under O.C.G.A. § 24-4-403, (Rule403) extrinsic evi…
23-505 Garrett A. Arrowood v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-14 Denied Response Waived appeals appellate-procedure certificate-of-appealability confrontation-clause crawford-violation criminal-procedure due-process evidence federal-law habeas-corpus hearsay-evidence whether-the-record-supports-the-court's-conclusion-that-the-state-court-hearing-regarding-the-inadmissible-hearsay-(crawford-violation)-did-not-violat…
23-5983 Eric Spencer v. United States Second Circuit 2023-11-09 Denied Response WaivedIFP abuse-of-discretion appellate-review court-procedure de-novo-review district-court evidence evidence-rules hearsay hearsay-evidence judicial-discretion standard-of-review Should the Court of Appeals apply an abuse of discretion standard or engage in de novo review when reviewing a district court's ruling to admit hearsa…
23-5966 Jonathan Ericksen v. United States Seventh Circuit 2023-11-07 Denied Response WaivedIFP criminal-procedure due-process evidence jackson-v-virginia judgment-of-acquittal rule-29 standard-of-review Whether the Court should overrule its decision in Jackson v. Virginia, which rejected the 'reasonable hypothesis' test for motions for a judgment of a…
23-5969 Semaan Makdissi v. Florida Florida 2023-11-07 Denied Response WaivedRelisted (2)IFP compulsory-process confrontation-clause criminal-procedure due-process evidence false-accusation fourteenth-amendment motive sixth-amendment Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated
23-5955 Kyle Maurice Parks v. United States Eighth Circuit 2023-11-06 Denied Response WaivedIFP 4th-amendment constitutional-rights criminal-procedure due-process evidence fourth-amendment government-attorney government-misconduct illegal-evidence search-and-seizure warrantless-search Can an attorney for the government go outside the jurisdictional process and ask a friend to search an office without a warrant and not violate the IV…
23-463 Elizabeth Brokamp v. Letitia James, Attorney General of New York, et al. Second Circuit 2023-11-02 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) circuit-split content-based content-based-regulation evidence first-amendment intermediate-scrutiny licensing-scheme motion-to-dismiss talk-therapy Whether a New York law requiring speakers to obtain a license before offering talk therapy pertaining to 'disabilit[ies], problem[s], or disorder[s] o…
23-5915 Keith Alexander v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2023-10-31 Denied IFP abuse-of-discretion appellate-review appointment-of-counsel civil-rights constitutional-rights district-court due-process evidence habeas-corpus judicial-discretion procedural-error standard-of-review Whether the district court abused its discretion when it refused to appoint counsel for the appellant and denied the appellant due process and the rig…
23-5927 Katerin Martinez-Alberto v. United States First Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination?
23-5894 Myron Lee Brandon v. United States Eighth Circuit 2023-10-26 Denied Response WaivedRelisted (2)IFP 5th-amendment 6th-amendment consent criminal-procedure due-process evidence evidence-exclusion fifth-amendment jury-instructions sixth-amendment transportation-of-minors Exclusion of evidence on prostitution and lying by alleged victim
23-5863 Katherine L. Woitaszewski v. United States Eighth Circuit 2023-10-23 Denied Response WaivedIFP civil-procedure civil-rights due-process evidence first-amendment standing Whether the petitioner's due process and First Amendment rights were violated when the evidence was improperly denied
23-417 Ron Rutledge v. Board of County Commissioners of Johnson County, Kansas Tenth Circuit 2023-10-19 Denied circuit-split civil-procedure employment-discrimination evidence honest-belief-defense mcdonnell-douglas mcdonnell-douglas-test pretext-analysis summary-judgment Does the honest belief defense violate the axiomatic law of summary judgment requiring the evidence and inferences to be viewed in favor of the non-mo…
23-406 Taylor J. Matson v. United States Ninth Circuit 2023-10-18 Denied Response Waived case-agent criminal-procedure evidence evidence-summary jury-inference jury-instructions lay-opinion lay-witness-testimony legal-interpretation plain-language-interpretation summary-of-evidence witness-testimony Whether case agents may offer lay opinions summarizing evidence, interpreting plain language, and drawing inferences from evidence that only a jury ma…
23-5789 Jean Max Darbouze v. Patrick Covello, Warden Ninth Circuit 2023-10-16 Denied IFP civil-rights criminal-procedure csaas-testimony due-process evidence expert-testimony free-speech habeas-corpus translation-accuracy witness-credibility Whether the introduction of CSAAS testimony is unconstitutional junk science
23-5718 Adam Neftali Santana v. United States Third Circuit 2023-10-04 Denied Response WaivedIFP 4th-amendment conspiracy-charge criminal-indictment criminal-procedure evidence evidence-sufficiency firearm-possession motion-to-suppress search-warrant standing Did the Court err when it denied Petitioner's Motion to Suppress the evidence obtained through the execution of the contingency search warrant?
23-5719 Jerrell West v. United States Eighth Circuit 2023-10-04 Denied Response WaivedIFP civil-procedure constitutional-provisions court-procedure evidence expert-testimony federal-rules-of-evidence legal-jurisdiction prejudicial probative statutory-provisions writ-of-certiorari Can the Dirsbei ch Court4 allow Exper Testimony when it is More Presuodicial than Probatfive under Rules 702 and 403?
23-311 Keith Michael Connole v. David W. Garbarino, Judge, Superior Court of Arizona, Maricopa County, et al. Arizona 2023-09-27 Denied Relisted (2) arizona-revised-statutes codis-database criminal-procedure due-process evidence evidence-access reliability-of-conviction reliability-of-convictions statutory-interpretation Whether a trial court must interpret Arizona Revised Statutes Title 13, Section 4240, to maximize a defendant's due process rights to access evidence …
23-5656 Stephen M. Cooke, Jr. v. Allen Gang, Warden, et al. Fourth Circuit 2023-09-27 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence fourteenth-amendment involuntary-statements post-indictment-statements right-to-counsel sixth-amendment undercover-agent Was Cooke's Sixth Amendment right to counsel violated?
23-5635 William Raymond Carter v. Illinois Illinois 2023-09-21 Denied IFP civil-rights constitutional-provisions criminal-procedure due-process evidence free-speech jurisdiction legal-procedure standing supreme-court writ-of-certiorari Whether the petitioner's constitutional and statutory rights were violated
23-5620 Margaret A. Allen v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-09-20 Denied IFP capital-punishment certificate-of-appealability constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel mitigation sixth-amendment strickland-v-washington Whether the Eleventh Circuit flouted this Court's relevant decisions and precedent by declining to even grant a certificate of appealability regarding…
23-5596 Edward James Steiner v. Washington Washington 2023-09-15 Denied IFP citizenship civil-liberties constitutional-rights criminal-procedure due-process evidence federal-jurisdiction legal-standing prosecutorial-misconduct standing witness-tampering Was there prosecutorial misconduct?
23-5557 Millard E. Price v. Centurion of Delaware, LLC, et al. Delaware 2023-09-12 Denied IFP civil-rights constitutional-rights criminal-procedure discovery due-process evidence fair-trial indigent ineffective-assistance post-conviction-relief prisoner When a state court of last resort denies a prisoner's attempt to obtain discovery and other hypotheses from evasive defendants, does the prisoner's in…
23-5524 Michael Jones, Jason Reed, and Shaun Myers v. United States Seventh Circuit 2023-09-06 Denied Response WaivedIFP burden-of-proof daubert daubert-standard dual-role-testimony due-process evidence expert-witness fifth-amendment standard-of-review Whether the Seventh Circuit applied the wrong standard of review and erroneously shifted the burden of proof by failing to review the Daubert error de…
23-5526 Adelfo Rodriguez-Mendez v. United States Third Circuit 2023-09-06 Denied Response WaivedIFP alleyne-standard constitutional-violation criminal-procedure drug-attribution evidence fifth-amendment fourteenth-amendment fourth-amendment post-conviction-sentencing sentencing sixth-amendment Whether attributing drugs post-conviction in an amount greater than what is charged in an indictment and greater than what the jury found is in violat…
23-5491 Saundra S. Brooke v. Vanderbilt Mortgage and Finance, Inc. Fourth Circuit 2023-08-31 Denied IFP abuse-of-discretion bankruptcy bankruptcy-law circuit-court civil-procedure court-procedure due-process evidence evidence-withholding exculpatory-evidence judicial-discretion standing Whether the lower court abused her discretion
23-5495 SirMichael Dyess v. California California 2023-08-31 Denied IFP abuse-of-discretion ada appellate-procedure civil-rights constitutional-rights due-process evidence ineffective-counsel judicial-discretion judicial-misconduct post-conviction-review procedural-default Whether the District Court violated ADA rights under Title II, whether the District Court's procedural and evidentiary rulings constituted an abuse of…
23-5505 Jacques Lamar Walker v. Virginia Virginia 2023-08-31 Denied Response RequestedResponse WaivedRelisted (4)IFP bank-robbery criminal-procedure due-process evidence fourteenth-amendment trial-court witness-identification Whether the Supreme Court of Virginia erred in refusing to reverse petitioner Jacques Lamar Walker's convictions
23-5489 Lonnie Dee Brown v. Oklahoma Oklahoma 2023-08-30 Denied IFP appellate-review criminal-procedure daubert daubert-standard evidence expert-testimony ineffective-assistance kumho-tire standard-of-review strickland-test Whether the Oklahoma Court of Criminal Appeals' review of trial courts decisions to admit or exclude expert testimony comport with the United States S…
23-5458 Kimeo Delmar Conley v. Jason Wells, Warden Seventh Circuit 2023-08-28 Denied Response WaivedIFP 4th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fourth-amendment jury-instructions sixth-amendment statutory-interpretation When Criminal statute has [8] elements on its face (wis stat) (144.051) to be Proved beyond a Reasonable doubt and the state only tries to prove [3] e…
23-176 Robert Cox, et al. v. Helena Chemical Company Texas 2023-08-25 Denied Response Waived due-process evidence evidence-exclusion expert-testimony fourteenth-amendment legal-standards property-rights state-court Whether the Due Process Clause prohibits a state court from depriving petitioners of property protected by the Fourteenth Amendment without allowing t…
23-5422 Herman Robinson v. Donita McIntosh, Superintendent, Clinton Correctional Facility Second Circuit 2023-08-24 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence fourth-amendment illegal-evidence police-procedure search-and-seizure Did the Schenectady County Police Department violate Petitioner's Fourth Amendment right against illegal search and seizure?
23-5427 Ranson Long Pumpkin v. United States Eighth Circuit 2023-08-24 Denied IFP confrontation-clause credibility credibility-evidence criminal-procedure cross-examination drug-usage drug-use evidence sixth-amendment Whether Long Pumpkiw's right to confrontation was denied
23-5413 Christopher Ray Lipska, aka Christopher Ray Hare v. Oregon Oregon 2023-08-23 Denied IFP child-abuse child-sexual-abuse criminal-procedure evidence evidence-admissibility judicial-discretion prior-convictions sentencing sentencing-proportionality sexual-abuse In an ECSA and unlawful contact with a trial, does a trial court abuse its OEC 401, 402, 403 discretion by allowing the state to present evidence that…
23-5412 Keith Allen Shrum v. United States Eighth Circuit 2023-08-22 Denied Response WaivedIFP civil-rights due-process electronic-evidence evidence exigent-circumstances fourth-amendment fruit-of-the-poisonous-tree probable-cause search-and-seizure warrant warrant-specificity warrantless-search Whether the exigent circumstances exception saves a warrantless seizure of a defendant's phone
23-5391 Walter Raul Maguina v. United States Fifth Circuit 2023-08-18 Denied Response WaivedIFP appeal appellate-review criminal-procedure district-court due-process evidence extrinsic-evidence harmless-error judicial-procedure prejudice prejudicial-evidence remand Whether a district court's failure to address the prejudicial nature of extrinsic evidence requires remand
23-5399 Milton Melvin Rodgers v. California California 2023-08-18 Denied IFP civil-rights constitutional-law constitutional-provisions court-procedure criminal-procedure due-process evidence jurisdictional-issue legal-writ search-and-seizure statutory-provisions Whether the trial court erred by admitting evidence taken in violation of the Fourth Amendment and the Fourteenth Amendment to the United States Const…
23-5334 Mario Iglesias-Villegas v. United States Fifth Circuit 2023-08-10 Denied Response WaivedIFP criminal-procedure direct-appeal due-process evidence grand-jury-transcripts habeas-corpus jackson-standard reasonable-doubt rule-6e sufficiency-of-evidence Whether a federal court of appeals reviewing a defendant's direct-appeal challenge to the sufficiency of the evidence supporting his conviction must a…
23-5314 Joe Crawford v. United States Fifth Circuit 2023-08-09 Denied Response WaivedIFP confidential-informant criminal-law criminal-procedure due-process evidence evidence-sufficiency felony-conviction jury-instructions mens-rea reasonable-doubt rehaif-standard réhaif-v-united-states Whether the evidence was insufficient to sustain a conviction when the government fails to prove beyond a reasonable doubt that the petitioner knew or…
23-5323 Don Collins v. Rob Jeffreys, et al. Seventh Circuit 2023-08-09 Denied IFP access-to-courts appellate-review civil-rights court-dismissal document-access due-process evidence evidentiary-hearing foia foia-request institutional-bias procedural-fairness Whether the lower court erred in dismissing the case after granting leave to serve defendants, and in failing to address issues related to access to e…
23-5253 Youssef Hoballah v. Virginia Virginia 2023-08-01 Denied IFP appeal-procedure constitutional-rights criminal-procedure double-jeopardy due-process evidence plea-bargaining sentencing sixth-amendment structural-error trial-procedure Whether the defendant's plea agreement was invalid, and the defendant's conviction should be vacated, due to the defendant being incarcerated on an un…
23-5220 Amy Jacquelyn Harkins v. Citizens Bank Second Circuit 2023-07-27 Denied IFP administrative-law attorney-client-privilege civil-procedure civil-rights constitutional-law crime-fraud-exception evidence judicial-review legal-procedure professional-responsibility statutory-interpretation whether-a-court-can-compel-a-party-to-disclose-privileged-communications-under-the-crime-fraud-exception
23-5178 Bobby Dean Robey v. United States Eighth Circuit 2023-07-24 Denied Response WaivedIFP career-offender conspiracy criminal-procedure drug-crimes evidence sentencing Whether there was insufficient evidence that Mr. Robey was involved in the 'importation' of methamphetamine?
23-5163 Michael Joseph Formica v. Virginia Virginia 2023-07-21 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure district-court due-process evidence exculpatory-evidence impeachment judicial-discretion standing Whether the Circuit Court for the City of Corvallis violated the Fourth Amendment by failing to compel the Multnomah County District Attorney's office…
23-5083 James Calfee v. Texas Texas 2023-07-12 Denied IFP appeal constitutional-rights criminal-procedure due-process evidence exculpatory-evidence fair-trial government-powers judicial-discretion Did Potttoner cits to due Process of the Courkeentn Wendt wf We ducted stude's Const. Wo lated
23-5064 Joseph Chandler Davall v. Warren L. Montgomery, Warden Ninth Circuit 2023-07-10 Denied IFP child-custody confrontation-clause constitutional-provisions criminal-procedure custody-dispute due-process evidence hearsay judicial-procedure legal-jurisdiction statutory-interpretation Whether the admission of a child's out-of-court statements violates the Confrontation Clause
23-5052 Richie A. Stokes, Jr. v. New York New York 2023-07-06 Denied IFP constitutional-rights court-dismissal criminal-procedure due-process evidence judicial-discretion jury-tampering legal-standards prosecutorial-misconduct speedy-trial Whether the district court erred in dismissing the indictment against the defendant
23-14 Delilah Guadalupe Diaz v. United States Ninth Circuit 2023-07-05 Judgment Issued Amici (3)Relisted (2) criminal-procedure drug-trafficking evidence evidence-law expert-testimony mens-rea mental-state rule-704(b) rule-704b In a prosecution for drug trafficking—where an element of the offense is that the defendant knew she was carrying illegal drugs—does Rule 704(b) permi…
23-5043 Coby Quinton Ceaser v. Tim Hooper, Warden Fifth Circuit 2023-07-05 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-suppression ineffective-assistance jackson-standard jury-instructions prosecutorial-misconduct right-to-present-defense right-to-testify trial-fairness Can the Jackson standard be satisfied when relevant, material, and appreciable evidence is impermissibly kept from the jury?
23-2 Gerald Spruell v. United States Third Circuit 2023-06-30 Denied Response Waived appellate-review conspiracy criminal-procedure drug-conspiracy drug-quantities evidence evidence-sufficiency jury-verdict mandatory-minimum sentencing sentencing-guidelines Whether the Court of Appeals erred in concluding there was sufficient evidence to support the jury's verdict and drug quantities attributed to the con…
23-5010 Donald Lee Linville v. Arizona Arizona 2023-06-30 Denied IFP 4th-amendment appellate-review civil-rights constitutional-law criminal-procedure due-process evidence habeas-corpus post-conviction-relief search-and-seizure Whether the Fourth Amendment prohibits the warrantless seizure and search of a person's cell phone and the subsequent use of the information obtained …
23-5013 Brian Jury v. Ohio Ohio 2023-06-30 Denied Response WaivedRelisted (3)IFP brady brady-violation civil-rule-60b due-process evidence evidence-suppression indigent-defendant new-trial new-trial-motion possession suppression Whether a Brady violation requires suppression to be dependent upon possession
22-7867 Nelson Alexander Polk v. United States Fifth Circuit 2023-06-29 Denied Response WaivedIFP 5th-amendment appellate-review civil-rights constitutional-review criminal-sentencing discovery due-process evidence free-speech judicial-procedure legal-standards Whether Poli biouee's Doe Peseoes Ricits Waser uiolated, When Ig tounge was not Present al TaCameva Wearing which Was conducted Lo assess the validity…
22-7812 Miguel A. Cisneros v. Trent Allen, Warden Ninth Circuit 2023-06-16 Denied Relisted (2)IFP 14th-amendment appellate-review civil-rights constitutional-rights conviction criminal-procedure due-process evidence judicial-procedure jury-instructions legal-standing Whether the state court's admission of erroneous evidence violated the petitioner's 14th Amendment due process rights
22-7774 Duane E. Armstrong v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-06-13 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process evidence expert-testimony fingerprint-analysis forensic-evidence trial-procedure Does the court's need a second analyst to testifies, to the first analyst opinion containing veracious of petitioner's finger print?
22-7747 Samuel Wilson, III v. United States Fifth Circuit 2023-06-09 Denied Response WaivedIFP circuit-split criminal-procedure drug-slang evidence expert-testimony law-enforcement lay-testimony lay-witness Whether a law enforcement agent who is not designated as an expert can testify as a lay witness about drug slang, jargon or code in conversations to w…
22-7731 Roy Lee Jones, Jr. v. United States Fifth Circuit 2023-06-08 Denied Response WaivedIFP burden-of-proof controlled-substances criminal-procedure drug-conspiracy due-process essential-elements evidence fifth-circuit-precedent jury-instructions sentencing sentencing-issue standard-of-proof Did the Fifth Circuit err when it 're-branded' a failure to prove an essential element of the government's methamphetamine case against Mr. Jones beyo…
22-7710 Michael Walker v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. Third Circuit 2023-06-05 Denied IFP civil-rights constitutional-evidence credibility criminal-procedure due-process evidence exclusionary-rule federal-procedure judicial-review standing state-law timeliness Whether the petitioner must support his claims of constitutional error with new reliable evidence, and whether an untimely petition of new evidence sh…
22-7711 William Jon Patric Ebert v. United States Fourth Circuit 2023-06-05 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-admissibility fourth-circuit prior-bad-acts rule-404(b) rule-404b sixth-circuit united-states-v-stout Whether the United States Court of Appeals for the Fourth Circuit erred in affirming the district court's ruling to admit evidence of the appellant's …
22-7687 James Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-06-01 Denied IFP constitutional-law criminal-procedure criminal-sentencing due-process evidence ineffective-assistance-of-counsel judicial-discretion retroactive-application self-defense statutory-interpretation verbal-threat Whether a defendant may assert self-defense against a verbal threat even if the victim did not act on the threat
22-1141 Gary Pisner v. Marla Rubinstein, et al. Fourth Circuit 2023-05-25 Denied civil-procedure cross-jurisdictional-preclusion defamation defamation-privilege documentary-evidence evidence forum-non-conveniens judicial-notice litigation-privilege procedural-requirements Whether a party can take judicial notice of documents without identifying the purpose, material to be recognized, and grounds under Fed. R. Evid. 201(…
22-7615 Willie Jerome Manning v. Mississippi Mississippi 2023-05-23 Denied IFP criminal-procedure dna-testing due-process evidence evidence-testing habeas-corpus post-conviction post-conviction-relief state-court state-courts Whether a State may curtail a protected interest in DNA testing arbitrarily
22-7610 Othniel Evans Maragh v. Roosevelt Island Operating Corporation, et al. Second Circuit 2023-05-22 Denied IFP appellate-review civil-procedure civil-rights constitutional-rights due-process evidence evidence-admissibility judicial-bias standing summary-judgment Is it ethical or legal for the Southern District Court of New York's Judge, Jesse M Furman to disregard every shred of evidence presented by the Plain…
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…
22-7539 Stacy Gallman v. United States Third Circuit 2023-05-12 Denied Response RequestedResponse WaivedRelisted (2)IFP court-proceedings criminal-procedure cross-examination evidence evidence-ruling jury-selection public-trial sixth-amendment Whether the Sixth Amendment's public trial guarantee extends to proceedings after a jury has been seated in which the court rules on challenged eviden…
22-7542 Wilber Curtis Johnson v. Texas Texas 2023-05-12 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process evidence federal-constitution sexual-assault texas-constitution trial-procedure witness-testimony Whether testimony can be sufficient to render harmless any error in admitting additional testimony as evidence, when trial counsel objected to testimo…
22-1109 Irving F. Rounds, Jr. v. Maura T. Healey, Governor of Massachusetts, et al. Massachusetts 2023-05-12 Denied Response Waived 14th-amendment 5th-amendment due-process evidence evidence-weighing judicial-recusal public-records recusal Has Irving Rounds, Jr. been deprived of his due process rights under the 5th and 14th Amendments?
22-7534 Charles Claude Ramsey v. Kimberly H. Runion, Director, Virginia Center for Behavioral Rehabilitation Fourth Circuit 2023-05-11 Denied IFP civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process evidence fourth-circuit judicial-recusal self-incrimination standing state-law Whether the privilege against self-incrimination as set forth in Brown v. United States should be weighed against the need to put forward a defense th…
22-7504 Xingfei Luo v. Tomas Czodor California 2023-05-10 Denied IFP content-based-restraint domestic-violence due-process evidence family-code first-amendment fourteenth-amendment prior-restraint restraining-order Are a restrained party's due process rights under Fourteenth Amendment violated by a restraining order under Domestic Violence Prevention Act when no …
22-7460 Carlos Darnell Dixon v. Tennessee Tennessee 2023-05-04 Denied IFP 2nd-amendment civil-rights constitutional-rights criminal-procedure criminal-trial due-process evidence firearm-possession jury-inference jury-trial second-amendment To what extent may the State violate a citizen's right to bear arms as secured by the Second Amendment to the United States Constitution against him/h…
22-1075 James E. Hinkle v. Ron Neal, Warden Seventh Circuit 2023-05-04 Denied Response Waived 6th-amendment confrontation-clause criminal-procedure due-process evidence federal-precedent impeachment impeachment-evidence witness-testimony Whether the right to confrontation was denied
22-7450 Derry Sykes v. New York City Housing Authority Second Circuit 2023-05-03 Denied IFP civil-rights due-process evidence fair-housing fair-housing-act housing-discrimination judicial-discretion mold mold-remediation standing Whether the district court abused its discretion and made a clear error of law in dismissing petitioner's complaint for failure state a claim under th…
22-7437 Kevin Darrell Miller v. United States Ninth Circuit 2023-05-02 Denied Response WaivedIFP contemporaneous-conduct criminal-procedure drug-distribution drug-use evidence evidence-admissibility intent-standard mens-rea possession Whether evidence of a defendant's drug use and simple possession is admissible to prove mens rea in a drug distribution trial
22-7400 Maurice Morrison v. Massachusetts Massachusetts 2023-04-28 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-procedure due-process evidence fourteenth-amendment judicial-protection jury-deliberations jury-trial sixth-amendment trial-evidence Whether a juror's communication to the jury during deliberations of highly prejudicial specialized factual information that was based on his professio…
22-7369 Sydney Tyrone Mays v. Illinois Illinois 2023-04-25 Denied IFP civil-rights criminal-procedure due-process evidence ineffective-assistance prior-statement right-to-counsel sixth-amendment trial-integrity witness Does a witness's prior inconsistent statement preclude the witness from testifying about the subject matter?
22-7350 Emanuel Higuera v. United States Ninth Circuit 2023-04-24 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-hearing expert-testimony judicial-discretion law-enforcement preliminary-proceedings trial-procedure witness-qualification Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t…
22-7343 William Levi Oliver v. Texas Texas 2023-04-21 Denied IFP 6th-amendment confrontation-clause criminal-procedure due-process evidence expert-testimony ineffective-assistance trauma-narrative videoconference-testimony witness Whether the Confrontation Clause permits out-of-state testimony via videoconference
22-7335 Enrique Holguin v. United States Ninth Circuit 2023-04-20 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-standards expert-testimony judicial-discretion law-enforcement preliminary-hearing preliminary-proceedings trial-procedure Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t…
22-7317 Rosa V. v. Ali H. California 2023-04-19 Denied IFP child-abuse civil-rights confrontation-clause criminal-procedure due-process evidence evidence-law hearsay-exception medical-records out-of-court-statements sixth-amendment Whether the trial court erred in excluding evidence of medical records and statements under the hearsay rule
22-7281 Steven Ray Rouse v. North Carolina North Carolina 2023-04-13 Denied IFP civil-procedure constitutional-rights discovery discovery-violations due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-procedure prosecutorial-misconduct witness-identification How could lawyer (Rick Farqutte) send Steven Ray Rouse at discovery of 3 facts and 1? were duplicates?
22-7249 Daryl Lee Godette Jr. v. United States Fourth Circuit 2023-04-10 Denied Response WaivedIFP burden-of-proof constructive-possession criminal-procedure drug-possession due-process evidence evidence-standard possession reasonable-doubt Whether the Government proved beyond a reasonable doubt that Mr. Godette possessed the heroin found in the apartment
22-7213 Brian Evan Roth v. Florida Florida 2023-04-05 Denied Response WaivedIFP burden-of-proof civil-rights closing-arguments criminal-procedure due-process evidence evidence-introduction judicial-discretion prosecutorial-misconduct trial-procedure Whether the trial court erred in allowing certain evidence to be introduced and considered as testimony, as well as issues brought up during closing a…
22-966 Cavanta McLilly v. Adam Douglas, Warden Sixth Circuit 2023-04-05 Denied Response Waived alleyne-violation criminal-procedure due-process evidence harmless-error jury-instructions jury-verdict police-testimony sentencing-review standard-of-review surveillance-video Whether police testimony identifying Mr. McLilly as the perpetrator seen on a surveillance video from the crime scene had a substantial and injurious …
22-7155 Kalid Koron Ocean-Avent v. United States Fourth Circuit 2023-03-30 Denied Response WaivedIFP burden-of-proof criminal-law criminal-procedure due-process evidence evidentiary-errors fair-trial firearm firearm-possession jury reasonable-doubt Whether the Government proved beyond a reasonable doubt that Mr. OceanAvent possessed a firearm
22-7090 Frank Gallardo v. United States Eighth Circuit 2023-03-24 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-exclusion expert-testimony fair-trial federal-rules-of-evidence speedy-trial Whether the district court abused its discretion in admitting Tonkel's testimony under FRE 807(b)
22-7051 William Todd Lewallen v. Scott Crow Tenth Circuit 2023-03-21 Denied IFP constitutional-rights criminal-procedure defendant-testimony due-process evidence jury-trial right-to-testify rock-v-arkansas sentencing sentencing-procedure state-evidence-law Whether the Oklahoma Court of Criminal Appeals' rule that deems the accused's version of events irrelevant as a matter of law during sentencing procee…
22-7010 Jeffrey Jay York v. United States Seventh Circuit 2023-03-14 Denied Response WaivedIFP criminal-enticement criminal-law enticement entrapment evidence government-agents interstate-facilities interstate-transmission jury-evidence minor minor-solicitation Whether the government presented sufficient evidence to convict York of enticement of a minor
22-6977 Sharif Talib v. Maryland Maryland 2023-03-09 Denied IFP 4th-amendment 5th-amendment civil-rights due-process evidence sentencing Whether the lower court violated Appellant's constitutional rights
22-839 Daniel Greer v. Connecticut Connecticut 2023-03-03 Denied Response Waived constitutional-law criminal-procedure due-process evidence jury-instructions propensity propensity-evidence sex-crimes sexual-misconduct Is the Due Process Clause violated when a jury is instructed that evidence of uncharged sexual misconduct is admissible to prove propensity, even thou…
22-6907 Jeremy Jermaine Cumbie v. Texas Texas 2023-03-02 Denied IFP constitutional-rights criminal-procedure cruel-unusual-punishment due-process evidence evidence-outside-record outside-the-record record sentencing trial-court-discretion Was Mr. Cumbie denied due process when the court considered evidence outside the record in assessing the sentence?
22-6908 Eduardo Guadalupe Melendrez-Soberanes v. United States Fifth Circuit 2023-03-02 Denied Response WaivedIFP burden-of-proof case-agent-testimony criminal-procedure drug-quantity drug-trafficking due-process evidence fifth-circuit photographic-evidence sentencing sentencing-guidelines Whether the Fifth Circuit erred in affirming a district court's reliance on a case agent's approximation of the weight of unseized cocaine based prima…
22-6895 Heather Leavell-Keaton v. Alabama Alabama 2023-03-01 Denied Amici (1)Relisted (4)IFP capital-punishment capital-sentencing constitutional-rights death-penalty due-process evidence prison-behavior sentencing skipper-precedent skipper-v-south-carolina When a capital defendant's death sentence is vacated and the case is remanded for a new sentencing at which the death penalty is an available sentence…
22-6884 Pradheep Chhalliyil v. Foodchain ID Group, Inc., et al. Eighth Circuit 2023-02-28 Denied IFP civil-rights civil-rights-act discrimination employment employment-discrimination evidence evidence-gathering national-origin-discrimination prima-facie-case termination title-vii Does Title VII of the Civil Rights Act of 1964 prohibit discrimination as to all terms, conditions, or privileges of employment, including denial to g…
22-6861 Jairo Francisco Solano v. Texas Texas 2023-02-24 Denied IFP 6th-amendment appellate-review confrontation-clause criminal-procedure defendant-objection due-process evidence evidence-admission hearsay judicial-procedure trial-court-error Did the trial court err by admitting hearsay testimony over the objection of Mr. Solano?
22-6822 Timothy Alan Dunlap v. Idaho Idaho 2023-02-21 Denied IFP brady-disclosure brady-v-maryland criminal-procedure discovery due-process evidence exculpatory-evidence materiality-standard prosecutorial-misconduct Whether a defendant's ability to independently obtain exculpatory evidence is relevant to a Brady v. Maryland, 373 U.S. 83 (1963) claim?
22-6810 Jason Jarvis v. United States Sixth Circuit 2023-02-17 Denied Response WaivedIFP criminal-procedure criminal-prosecution defendant-rights due-process evidence evidentiary-rules fourth-amendment legal-standing prosecutorial-misconduct search-and-seizure suppressed-evidence Whether suppressed evidence or evidence not belonging to the defendant can be used against the defendant to prosecute him?
22-6809 Mohamed Ibrahim Ahmed v. United States Fifth Circuit 2023-02-16 Denied Response WaivedIFP 404(b)-standard appeal appellate-review criminal-procedure due-process evidence evidence-rule evidentiary-issues evidentiary-test judicial-interpretation legal-uniformity rule-404(b) Is an updated, clear, and uniform test needed for the most common evidentiary issue presented on appeal, Rule 404(b) related issues?
22-6793 Robert Loya, Jr. v. United States Fifth Circuit 2023-02-15 Denied Response WaivedIFP criminal-law criminal-procedure drug-possession drug-trafficking evidence felon-in-possession gang-affiliation intent-to-distribute sentencing sufficiency-of-evidence Is there insufficient evidence to warrant a finding of guilty for Count 1: possessing with intent to distribute methamphetamine over 50 grams and Coun…
22-763 Ganiyu Ayinla Jaiyeola v. Toyota Motor Corporation, et al. Sixth Circuit 2023-02-14 Denied Response Waived civil-procedure clear-and-convincing-evidence cross-examination due-process evidence fraud-on-the-court judicial-procedure rule-of-law sanctions Whether the Sixth Circuit panel's decision to affirm the District Court decision that was based on the application of the wrong legal test constituted…
22-6748 John Paul Holland v. Kansas Kansas 2023-02-10 Denied IFP civil-rights conviction due-process evidence federal-constitution liberty Whether the Supreme Court of the State of Mars erroneously denied the petitioner's previously filed petition for a writ of habeas corpus
22-754 In Re Christy Poon-Atkins 2023-02-10 Denied civil-procedure clerical-errors court-procedure document-alteration due-process evidence false-documents judicial-review legal-relief mandamus mishandled-evidence writ-of-mandamus Should evidence of clerical errors, the Defendants' submission of false and altered documents, and mishandled evidence result in the issuance of a Wri…
22-6729 Darlene Bennett v. Gina M. Raimondo, Secretary of Commerce Fourth Circuit 2023-02-08 Denied Response WaivedIFP civil-procedure civil-rights due-process evidence judicial-process standing Whether the lower courts erred in dismissing the case without allowing the plaintiff to present evidence, in violation of the plaintiff's constitution…
22-6733 In Re John B. Myles 2023-02-08 Denied IFP abuse-of-discretion appellate-review arrest-warrant due-process evidence evidence-exclusion ineffective-assistance-of-counsel judicial-discretion prosecutorial-misconduct sixth-amendment Whether the defendant was denied effective assistance of counsel
22-6681 Shane Swindall Chambers v. Fredeane Artis, Acting Warden Sixth Circuit 2023-02-01 Denied Response WaivedIFP actus-reus constitutional-rights criminal-procedure due-process evidence jury-instructions mens-rea modus-operandi other-acts-evidence trial-court Whether petitioner was deprived of due process
22-6668 Aaron Lyons v. Brian Ladner, Warden Fifth Circuit 2023-01-31 Denied Response WaivedRelisted (2)IFP certificate-of-appealability civil-rights criminal-procedure dna-evidence due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence prosecutorial-misconduct standing Question not identified
22-702 Joseph D. Rued v. Catrina M. Rued Minnesota 2023-01-27 Denied child-abuse child-custody due-process evidence family-law judicial-discretion sexual-abuse standard-of-review therapist-testimony Whether the District Court's affirmative conclusion that sexual abuse did not occur denied due process to the father and child
22-6563 Jaquain Young v. United States Ninth Circuit 2023-01-18 Denied Response WaivedIFP complete-defense confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-admissibility federal-rules-of-evidence judicial-discretion right-to-present-defense severance witness-recantation Whether the district court erred in excluding witness Tierra Lewis's out-of-court identification of codefendant Esau Ferdinand under FRE 403, thereby …
22-6526 Anton Michael Kubica v. California California 2023-01-11 Denied IFP case-dismissal constitutional-rights criminal-procedure due-process evidence judicial-review material-evidence prosecutorial-delay prosecutorial-misconduct speedy-trial Was the appellant denied his federal and state constitutional right to due process, because of unjustified, prejudicial prosecutorial delay in filing …
22-6513 Jeremy Dale Bartram v. West Virginia West Virginia 2023-01-10 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-rule fair-trial presumption-of-innocence prosecutorial-discretion rule-404(b) uncharged-misconduct Does the prosecution's use of 'uncharged misconduct' under Rule 404(b) strip a criminal defendant of the presumption of innocence?
22-6470 Mary Ann Ellis v. Department of Labor, Administrative Review Board Fifth Circuit 2023-01-06 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights due-process evidence standing witness Question not identified
22-6442 Brennan Thomas Baker v. Wyoming Wyoming 2023-01-04 Denied Response WaivedIFP abuse-of-discretion cell-phone-recording criminal-evidence criminal-procedure due-process evidence evidentiary-abuse-of-discretion fourth-amendment legal-admissibility surveillance surveillance-footage witness-testimony Did the district court abuse its discretion in admitting the state's cell phone recording of surveillance footage?
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 …
22-6401 William Clyde Culberson, Jr. v. Texas Texas 2022-12-28 Denied IFP 6th-amendment confrontation-clause crawford-vs-washington criminal-procedure due-process evidence evidence-law medical-records sixth-amendment testimonial-evidence Is medical records considered as confrontation clause covered under Crawford vs. Washington?
22-581 Heidi R. Steward, Acting Director, Oregon Department of Corrections v. Frank E. Gable Ninth Circuit 2022-12-22 Denied Relisted (2) actual-innocence chambers-v-mississippi due-process evidence evidence-rule habeas-corpus hearsay hearsay-exception recantation third-party-confession Whether Oregon Evidence Code Rule 804(8)(c) violates the Due Process Clause by excluding a third-party confession that is recanted and inconsistent wi…
22-6356 Tyler Nees v. Oregon Oregon 2022-12-20 Denied Response WaivedIFP confrontation-clause cross-examination due-process evidence federal-review habeas-corpus hearsay independent-state-ground procedural-default sixth-amendment state-court Whether the Confrontation Clause of the Sixth Amendment prohibits the admission of testimonial hearsay evidence without an opportunity for cross-exami…
22-6320 Mausean Carter v. Corizon Health, Inc. Maryland 2022-12-16 Denied IFP actual-innocence burden-of-proof civil-rights deliberate-indifference eighth-amendment evidence gross-negligence habeas-corpus medical-evidence medical-treatment successive-petition Whether the lower courts erred in holding that the petitioner did not meet the burden of establishing the respondents' deliberate indifference in viol…
22-6323 Luis R. Figueroa-Gonzalez v. United States First Circuit 2022-12-16 Denied Response WaivedIFP circumstantial-evidence criminal-law evidence firearm-alteration firearms knowledge-inference machine-gun mens-rea statutory-definition statutory-interpretation supervised-release Whether the presence of a visible alteration in a seized firearm is sufficient to satisfy the government's burden to prove that the defendant knew of …
22-6311 Massey L. Allen, Jr. v. Nebraska Nebraska 2022-12-15 Denied IFP criminal-evidence criminal-procedure due-process evidence fourteenth-amendment jackson-v-virginia miranda-rights post-miranda-silence reasonable-doubt standard-of-review sufficiency-of-evidence Whether there was sufficient evidence to convict under Jackson-v-Virginia
22-6238 David N. Firewalker-Fields v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-12-07 Denied Response WaivedIFP certificate-of-appealability circuit-court civil-procedure constitutional-review district-court due-process evidence first-amendment procedural-default withholding-evidence Did the District Court and Court of Appeals err in not granting a certificate of appealability due to a procedural default caused by the Circuit Court…
22-6232 Trevor Jim Bishop v. California California 2022-12-06 Denied IFP due-process evidence hearsay other-acts other-acts-evidence procedural-error procedure prosecutorial-misconduct trial-counsel waiver Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proced…
22-6175 Nancy Abbie Tallent v. Phillip Knight, et al. Sixth Circuit 2022-11-30 Denied IFP 42-usc-1983 civil-rights constitutional-rights due-process evidence evidence-exclusion judicial-bias pro-se pro-se-litigation section-1983 supervisory-power supreme-court-intervention Where officers violated the Petitioner rights afforded by the Constitution of the United States, under 42 U.S. Code § 1983, after exhausting all known…
22-6135 Monzell Harding v. United States Ninth Circuit 2022-11-22 Denied Response WaivedIFP appellate-review criminal-procedure district-court-discretion evidence extrinsic-evidence rico rico-conspiracy rule-404(b) rule-404b trial-error uncharged-crimes Was the district court required by JHuddleston v. United States, 485 U.S. 681 (1988) and Rule 404(b) to cure the reversible trial error that resulted …
22-488 Darrell Hemphill v. New York New York 2022-11-22 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) appeal confrontation-clause constitutional-error criminal-procedure due-process evidence evidentiary-ruling harmless-error judicial-review out-of-court-statement supreme-court-precedent Whether the improper admission of the out-of-court statement by the alternative suspect was harmless
22-6079 Teshome Sok Sameru v. Minnesota Minnesota 2022-11-16 Denied IFP civil-rights criminal-procedure due-process evidence self-incrimination witness Does a 9-1-1 caller become a witness, especially after giving statements to the police which the state conceded were inadmissible?
22-6058 Justin David Martin v. United States Sixth Circuit 2022-11-15 Denied Response WaivedIFP court-of-record criminal-procedure evidence evidence-admission federal-prosecution procedural-error record search-warrant structural-error waiver Whether the federal prosecution's reliance on a state search warrant without making it part of the formal record constitutes structural error
22-6026 Robert C. Stryker v. Wisconsin Wisconsin 2022-11-09 Denied Response WaivedIFP computer-evidence computer-files criminal-procedure evidence fourth-amendment search-and-seizure social-worker-patient-privilege social-worker-privilege state-court-review warrantless-search Were the petitioner's Fourth Amendment rights violated when the contents of computer files held in evidence against him were revealed in warrantless s…
22-5997 Tarence Kirkland v. New York New York 2022-11-07 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing criminal-verdict cross-examination due-process evidence fair-trial identification legal-sufficiency second-degree-offense weight-of-evidence Was the trial court's decision on Rodriguez's identification and use of other crimes and bad acts on cross-examination result in the denial of a fair …
22-5999 Enrique M. Flores-Vazquez v. Denis R. McDonough, Secretary of Veterans Affairs Federal Circuit 2022-11-07 Denied Response WaivedRelisted (2)IFP administrative-law appeals-process due-process evidence evidence-review judicial-mandate judicial-review veterans-affairs Authority-to-disregard-mandates
22-5991 Glenn Randall Ferguson v. United States Tenth Circuit 2022-11-04 Denied Response WaivedIFP 18-usc-4241 child-pornography competency criminal-competency criminal-procedure due-process evidence federal-courts mental-health rule-403 When a district court has found a criminal defendant to be incompetent, is it sufficient to reverse the finding based solely on professional opinions …
22-5980 Arius Hopkins v. United States Second Circuit 2022-11-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial federal-rules-of-evidence grand-jury rule-404(b) trial-fairness Whether the admission of evidence of prior alleged conduct similar to the crime on trial and dismissed by a grand jury, which was noticed for one purp…
22-5967 Hunter Halver Brown v. Alabama Alabama 2022-11-01 Denied IFP covid-19 covid-restrictions criminal-procedure due-process evidence interstate-agreement-on-detainers restitution speedy-trial trial-timeline whether-interstate-agreement-on-detainers-act-was-violated
22-399 Adam Dean Brown v. Florida Department of Corrections Eleventh Circuit 2022-10-31 Denied accident-reconstruction burden-of-proof certificate-of-appealability criminal-procedure criminal-trial due-process evidence expert-testimony ineffective-assistance-of-counsel prosecutorial-misconduct traffic-accident Did Petitioner satisfy the burden for the issuance of a certificate of appealability on his ineffective-assistance-of-counsel claims
22-5858 Heather Nicole Trogdon v. United States Eighth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment 5th-amendment criminal-procedure eighth-circuit evidence fourth-amendment inevitable-discovery inventory-search policy probable-cause Does the inevitable discovery doctrine apply when it is based on the expectation that an inventory search of an arrestee's backpack will occur at the …
22-5867 Monica McCarrick v. Janelle Espinoza, Warden Ninth Circuit 2022-10-18 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence first-degree-murder meaningful-defense mental-health paranoid-delusions premeditation trial-court-evidence Does an objectively unreasonable violation of the Constitutional right to present a meaningful defense occur when a trial court prevents a defendant f…
22-5840 Joseph Shook v. Florida, et al. Eleventh Circuit 2022-10-14 Denied IFP constitutional-rights criminal-trial due-process evidence evidence-admission evidentiary-hearing ineffective-assistance-of-counsel ineffective-counsel jury-selection life-sentence prejudice prejudicial-testimony right-to-remain-silent Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights
22-5795 Kevin White, Jr. v. Michigan Michigan 2022-10-07 Denied IFP appellate-review civil-procedure constitutional-rights criminal-procedure due-process evidence evidence-admission judicial-discretion jurisdiction trial-procedure venue Whether the district court erred in dismissing the case for improper venue where the indictment indicated that the alleged crime by the defendant occu…
22-5779 James Michael Johnson v. United States Fourth Circuit 2022-10-06 Denied Response WaivedIFP conspiracy criminal-procedure due-process evidence evidence-sufficiency jury-instructions money-laundering standard-of-review sufficiency-of-evidence wire-fraud Whether the evidence at trial was insufficient to convict the petitioner of wire fraud and money laundering
22-5759 Andrew Robertson v. Massachusetts Massachusetts 2022-10-04 Denied IFP criminal-procedure due-process evidence indictment judicial-discretion prosecutorial-misconduct Whether the judge abused his discretion in denying the defendant's motion to dismiss the indictment due to prosecutorial misconduct
22-5733 Robert Brown, II v. United States Sixth Circuit 2022-10-03 Denied Response WaivedIFP appellate-review criminal-procedure criminal-trial evidence fair-trial jury jury-bias perjury perjury-evidence rico rico-conspiracy sixth-amendment Whether the District Court's denial of admission of evidence regarding a Government cooperating witness committing perjury was error and affected the …
22-5605 Jeffrey Ricardo Wimberly v. Michigan Michigan 2022-09-19 Denied IFP constitutional-rights criminal-procedure due-process evidence pre-arrest-delay speedy-trial Whether the state court's denial of the defendant's motion to dismiss for pre-arrest delay violated the defendant's due process rights
22-5589 Carrie Helen Fine v. Florida Florida 2022-09-15 Denied Response WaivedIFP amendment-challenge appeals constitutional-vagueness criminal-law criminal-procedure criminal-punishment drug-statutes due-process evidence judgment-of-acquittal state-law Whether the affirmation of the Appellant Court (that it was proper for trial court to deny Fine's Motions for judgment of Acquittal) was correct
22-5590 Robert Nathan Hensley v. United States Eighth Circuit 2022-09-15 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility ineffective-assistance-of-counsel legal-scrutiny prosecutorial-misconduct sexual-offenses Whether the petitioner was denied the effective assistance of counsel where the trial court allowed the introduction of tampered evidence without the …
22-239 Krishna Maharaj v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-09-14 Denied Response Waived 28-usc-2244 appellate-review court-of-appeals evidence evidence-consideration federal-procedure habeas-corpus jurisdiction jurisdictional-bar successive-petition Whether a district court is jurisdictionally barred from considering evidence supporting a claim in a second or successive habeas petition that the co…
22-5568 Douglas Gordon v. United States First Circuit 2022-09-13 Denied Response WaivedIFP copyright-infringement criminal-conviction criminal-law evidence fair-use first-circuit jury-instructions orphan-works sufficiency-of-evidence willful-conduct Whether the sufficiency of the evidence supported the jury's finding that Mr. Gordon acted willfully
22-5492 William Wallace v. Florida Commission on Offender Review Eleventh Circuit 2022-09-01 Denied Response WaivedIFP civil-rights criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency judicial-review reasonable-doubt sentencing standing witness-testimony Where there has never been any conviction
22-196 Adam Samia, aka Sal, aka Adam Samic v. United States Second Circuit 2022-09-01 Judgment Issued Amici (7) codefendant-confession confrontation-clause constitutional-rights criminal-procedure due-process evidence out-of-court-statement redaction sixth-amendment Whether admitting a codefendant's redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates t…
22-5453 Hugo F. Marquez v. Brandon Kelly, Superintendent, Oregon State Penitentiary Ninth Circuit 2022-08-29 Denied Response WaivedIFP certificate-of-appealability criminal-procedure cross-examination due-process evidence ineffective-assistance ineffective-assistance-of-counsel interview-tapes right-to-confrontation sex-abuse-case sex-crimes trial-procedure Should the Ninth Circuit have denied Marquez's motion for a certificate of appealability on the issue of ineffective assistance of counsel
22-168 Ryan James Deroo v. Illinois Illinois 2022-08-23 Denied Response Waived constitutional-law due-process evidence evidence-rule ex-post-facto hearsay hearsay-exception medical-records retroactive-modification state-rule Whether a retroactive modification of a state rule of evidence allowing certain medical records to be admitted as admissible hearsay which was previou…
22-5374 In Re Darris Newsome 2022-08-19 Denied IFP civil-rights criminal-procedure due-process evidence evidentiary-admission incarceration incarceration-evidence judicial-discretion transfer-history Whether the refusal to allow Baggi's testimony and the denial of an authenticated copy of a transfer history document severely impeded his ability to …
22-5354 Ricardo L. Noble v. Pennsylvania Pennsylvania 2022-08-18 Denied IFP civil-rights constitutional-rights due-process evidence juvenile-justice juvenile-sentencing miller-rule rehabilitation sentencing sentencing-discretion Whether the juvenile life-without-parole sentence is unconstitutional, whether the court abused discretion in sentencing, whether the court relied on …
22-5350 Randolph J. Norwood v. Florida Florida 2022-08-16 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process evidence fatal-variance trial-integrity victim-identification witness-testimony Whether a fatal variance and due process violation occurs when a state charges a defendant with a crime against a specific individual but presents a d…
22-5338 Chikosi Legins v. United States Fourth Circuit 2022-08-11 Denied Response WaivedIFP 18-usc-1001 apprendi apprendi-rule criminal-law criminal-procedure evidence false-statement relevant-conduct sentencing sentencing-enhancement statutory-maximum sufficiency Whether the evidence was sufficient to support the conviction under 18 U.S.C. 1001
22-5318 Samuel Francis White Horse v. United States Eighth Circuit 2022-08-09 Denied Response WaivedIFP criminal-law due-process evidence jury-instructions obstruction-of-justice statutory-interpretation Does a conviction for Tampering with Evidence require a jury to find that the defendant's conduct would interfere with the due administration of justi…
22-5275 Russell M. Boles v. Jeff Long, Warden, et al. Tenth Circuit 2022-08-03 Denied Relisted (2)IFP case-statement civil-rights constitutional-provisions due-process evidence jurisdictional-issue jury-instructions legal-procedure negligence standard-of-review statutory-provisions writ-of-certiorari Whether the court erred in drawing an adverse inference against the petitioner
22-5247 Luckens Petit v. Florida Florida 2022-08-01 Denied Response WaivedIFP bond-hearing confrontation-clause constitutional-rights crawford-precedent crawford-v-washington criminal-procedure due-process evidence florida-arthur-bond-hearing sixth-amendment Whether the Florida Arthur/Bond hearing satisfies the Sixth Amendment's Confrontation Clause requirement as explained in Crawford v. Washington
22-5198 Akeem Markiese Rogers v. Virginia Virginia 2022-07-27 Denied IFP civil-rights constitutional-provisions due-process evidence evidence-standard jurisdiction legal-standard possession procedural-review search-and-seizure writ-of-certiorari Question not identified.
22-5202 In Re Tavon Dameon Davis 2022-07-27 Denied Response WaivedIFP conspiracy criminal-procedure due-process evidence habeas-corpus judicial-misconduct mandamus prosecutorial-misconduct witness-tampering Whether a writ of mandamus should issue directing the court of appeals (Fourth Circuit) to remand this case to the district court without delay to hol…
22-5190 Rafael Cortez-Oropeza v. United States First Circuit 2022-07-26 Denied Response WaivedIFP admissibility-of-evidence atf bureau-of-alcohol-tobacco-and-firearms criminal-procedure evidence expert-testimony firearms interstate-commerce judicial-discretion legal-standard Whether the district court erred in allowing an unqualified ATF agent to testify as an expert on interstate commerce
22-5154 Myron Baker v. United States Sixth Circuit 2022-07-22 Denied Response WaivedIFP court-record criminal-procedure district-court evidence evidence-admission federal-prosecution record-of-court search-and-seizure search-warrant state-search-warrant structural-error Whether the federal prosecution's reliance on a state search warrant without making it part of the formal record of the United States District Court c…
22-5110 Onterio Dimitri Brown v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-07-15 Denied Response WaivedIFP civil-rights constitutional-review criminal-conviction criminal-procedure due-process evidence jackson-v-virginia standard-of-review sufficiency-of-evidence supreme-court-precedent Whether the Supreme Court has overturned Jackson v. Virginia, 443 U.S. 307 (1979), and if there is sufficient evidence to justify a conviction
22-5112 Roberto Hernandez-Aldama v. United States Fourth Circuit 2022-07-15 Denied Response WaivedIFP 5th-amendment court-of-appeals criminal-procedure due-process evidence evidence-standard fifth-amendment judicial-interpretation methamphetamine sentencing Whether the court of appeals violated the defendant's Fifth Amendment right to due process
22-5094 Garfield D. Campbell v. United States Fourth Circuit 2022-07-13 Denied Response WaivedIFP 4th-amendment criminal-procedure district-court due-process evidence fourth-circuit marijuana-use reversible-error sentencing supervised-release Whether the Fourth Circuit Court of Appeals erred by denying Mr. Campbell's meritorious argument that the district court committed reversible error by…
22-32 John Hart v. County of Philadelphia, Pennsylvania, et al. Third Circuit 2022-07-12 Denied Response Waived actual-innocence constitutional-rights criminal-defense due-process evidence ineffective-assistance-of-counsel right-to-present-defense scientific-evidence voiceprint-analysis Where a criminal defendant has compelling evidence of actual innocence in the form of exculpatory expert voiceprint analysis, does that defendant rece…
21-8287 Michael D. Phillips v. Florida Florida 2022-06-29 Denied IFP burglary civil-rights criminal-intent criminal-procedure due-process evidence evidence-sufficiency jury-instructions prosecutorial-burden reasonable-doubt sentencing Did the prosecutor ever prove all prongs and elements for being a felon in possession?
21-1586 Cheryl Romano, et vir v. Jazz Casino Company, L.L.C., et al. Fifth Circuit 2022-06-23 Denied constitutional-rights due-process evidence evidence-review findings-of-fact inferences judicial-procedure jury-trial seventh-amendment summary-judgment Whether the lower courts violated the standards set in Tolan v. Cotton, Anderson v. Liberty Lobby, and Eastman Kodak v. Image Technical Services when …
21-8212 Anthony N. Ott v. New York New York 2022-06-23 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-appeal criminal-procedure door-opening double-jeopardy due-process evidence ineffective-assistance ineffective-assistance-of-counsel new-york-law vindictive-sentencing vindictiveness Whether the New York courts erred in applying the 'opening the door' standard
21-8216 Roy Lee Dykes v. United States Fourth Circuit 2022-06-23 Denied Response WaivedIFP appeal criminal-procedure due-process evidence jury-instructions sentencing Whether the Fourth Circuit erred in affirming the district court's rulings on the defendant's motions regarding weapons evidence, prejudicial testimon…
21-8110 In Re Wesley Mark Sudbury 2022-06-09 Denied Response WaivedIFP appellate-review civil-procedure collateral-order-doctrine due-process evidence evidentiary-restrictions interlocutory-appeal judicial-procedure statutory-interpretation wire-tap Whether a statute enacted by Congress titled Prohibition of use as evidence of intercepted wire or oral communications, intended to establish a right …
21-8096 Barbara Frantz v. Patrick C. Frantz Tenth Circuit 2022-06-08 Denied Response WaivedRelisted (2)IFP beneficiary-dispute civil-procedure contingent-beneficiary criminal-appeal evidence evidence-standard life-insurance murder-allegation summary-judgment Whether the district court erred in granting summary judgment in favor of the contingent beneficiary where there is a genuine dispute of material fact…
21-8041 Markentz Blanc v. United States Eleventh Circuit 2022-06-02 Denied Response WaivedIFP burden-of-proof civil-rights constitutional-rights due-process evidence evidentiary-standards judicial-interpretation procedural-protections standing state-law vagueness-doctrine Whether an unaddressed Constitutional claim not affirmatively contradicted by the record deserves review, and if so, should review under Due Process C…
21-7986 Stephen Gosch v. Florida Florida 2022-05-27 Denied IFP constitutional-rights criminal-procedure due-process evidence evidence-disclosure fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct state-court Did the state court violate the petitioner's right to due process of law as guaranteed by the Fourteenth Amendment?
21-7997 Benjamin Green Robinson v. United States Eleventh Circuit 2022-05-27 Denied Response WaivedIFP abuse-of-discretion cocaine-trafficking criminal-procedure evidence judgment-of-acquittal judicial-discretion motion-in-limine motion-to-suppress plain-error prior-conviction Whether the lower courts abused their discretion in admitting prior conviction evidence
21-1482 Dequantey Maurice Williams v. United States Fourth Circuit 2022-05-25 Denied Response Waived 4th-amendment criminal-procedure evidence fourth-amendment law-enforcement motion-to-suppress plain-view-doctrine probable-cause search-and-seizure vehicle-search Whether the United States District Court For The Middle District Of North Carolina Erred in Denying Mr. Williams's Motion to Supress evidence related …
21-7927 Lamar Reese v. Richard Bowen, Warden Sixth Circuit 2022-05-19 Denied IFP citizenship-misrepresentation civil-rights constitutional-rights due-process evidence fair-trial plain-error polygraph polygraph-evidence Whether the failure to object to the admission of a polygraph examination that contained obvious errors deprived the defendant of a fair trial
21-1452 Matthew David Cwik v. Georgia Georgia 2022-05-17 Denied Response Waived civil-procedure constitutional-rights criminal-procedure due-process evidence fair-trial military-testimony military-uniform victim-testimony witness-appearance Were Petitioner's due process and fair trial rights violated when the victim was allowed to testify in a military uniform?
21-1456 Christy Poon-Atkins v. Sammy M. Sappington, et al. Fifth Circuit 2022-05-17 Denied Response WaivedRelisted (2) 7th-amendment civil-procedure civil-rights constitutional-review due-process evidence evidence-omission jury-trial procedural-rules standing Should the Defendants' documented admissions to speeding be reviewed by a jury, per Constitution Amendment VII, and due process?
21-7869 Timothy Thibodeaux v. Tim Hooper, Warden Fifth Circuit 2022-05-13 Denied Response WaivedIFP confrontation-clause confrontation-right constitutional-rights criminal-procedure due-process evidence fourteenth-amendment pro-se-petition sixth-amendment whether-mr-thibodeaux's-conviction-was-obtained-in-violation-of-the-sixth-and-fourteenth-amendments
21-1417 Vaughn Hoeflin Standley v. Department of Energy Federal Circuit 2022-05-04 Denied Response Waived administrative-law administrative-procedure agency-deference agency-interpretation congressional-budget congressional-oversight evidence evidentiary-standard legislative-intent statutory-construction statutory-interpretation Should not an agency's Congressional budget justifications be considered compelling evidence of the agency's belief?
21-7765 Rafael Lora v. United States Third Circuit 2022-05-03 Denied Response WaivedIFP appellate-procedure civil-rights due-process evidence judicial-review standing Whether the Appeals Court erred in denying, neglecting, avoiding, and failing to document the appellants' submitted evidence
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
21-7698 Daniel Davis v. United States Fifth Circuit 2022-04-26 Denied Response WaivedIFP confrontation-clause correctional-officer evidence hearsay prison sixth-amendment Was the Sixth Amendment right of confrontation violated by the introduction of a correctional officer's statement and testimony about another officer'…
21-7687 Earl Jones v. Ohio Ohio 2022-04-25 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence evidence-review fact-inference jackson-standard reasonable-doubt standard-of-review sufficiency-of-evidence supreme-court-ohio Whether a reviewing court must consider all the evidence in determining whether inferences from basic facts to ultimate facts are reasonable to prove …
21-7683 Nelson Conto v. United States Fourth Circuit 2022-04-22 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence fourth-circuit interview-evidence judicial-error motion-in-limine standard-of-review trial-procedure Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of the denial of appellant's…
21-7672 Jermaine E. Spence v. Reemon Bishara, et al. Eleventh Circuit 2022-04-21 Denied IFP civil-procedure civil-rights court-dismissal dismissal due-process evidence in-forma-pauperis judicial-discretion pro-se-litigation procedural-due-process standing Were the causes of action substantiated by evidence or was the trial court not in error in dismissing the case?
21-7641 Jose Diaz Perez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-04-18 Denied IFP 4th-amendment constitutional-law constitutional-violation criminal-procedure due-process evidence evidence-seizure intoxication-statements search-warrant Did the State of Texas and the U.S. District Court improperly admit evidence obtained unconstitutionally?
21-7610 Terry Smith v. Florida, et al. Florida 2022-04-14 Denied Response WaivedIFP autopsy autopsy-testimony confrontation-clause due-process evidence forensic-evidence hearsay medical-examiner sixth-amendment testimony Does Florida's practice of allowing a medical examiner to testify to an autopsy he/she did not perform violate the Confrontation Clause?
21-7613 James Edward Williams v. Illinois Illinois 2022-04-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence hearsay hearsay-evidence jury-instructions prior-bad-acts propensity Whether the jury can be instructed to consider hearsay evidence and propensity evidence to commit murder despite prior rulings on hearsay and prior ba…
21-7617 Stevie Wyre v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-04-13 Denied Relisted (2)IFP civil-rights constitutional-violation criminal-procedure cross-examination due-process evidence federal-rights habeas-corpus innocence newly-discovered-evidence perjury-testimony Whether Wype is entitled to relief on an evidentiary hearing
21-7595 O. C. v. V. C. Ohio 2022-04-12 Denied Relisted (3)IFP 14th-amendment custody custody-order due-process equal-protection evidence evidence-exclusion judicial-procedure parental-rights Did the appellate court deny O.C. due process-and-equal-protection
21-7589 Mark A. Brown v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2022-04-11 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process evidence reasonable-doubt Whether the Court of Appeals finding that the state Courts conviction was based on a reasonable determination of the facts in light of the evidence pr…
21-7468 Nahid Kadir Moshrefi v. Colorado Colorado 2022-03-25 Denied IFP constitutional-rights evidence fifth-amendment non-custodial police-questioning pre-arrest self-incrimination Whether the Fifth Amendment protects an individual who invokes her privilege against self-incrimination during pre-arrest, non-custodial questioning b…
21-7413 Brian Folks v. United States Second Circuit 2022-03-18 Denied Response WaivedIFP circuit-split criminal-procedure evidence issue-preservation prosecutorial-misconduct witness-credibility whether-prosecutor-can-ask-defendant-to-opine-on-witness-credibility
21-7356 Stacey Tremaine Johnson v. United States Fourth Circuit 2022-03-14 Denied Response WaivedIFP criminal-procedure drug-trafficking due-process evidence firearm-possession guideline-calculation jury-instruction jury-instructions sentencing sentencing-reasonableness standard-of-proof uncharged-conduct Whether there was sufficient evidence for the jury to find the petitioner guilty of drug-trafficking,firearm-possession
21-1227 MRI Associates of Tampa, Inc. v. State Farm Mutual Automobile Insurance Company Florida 2022-03-10 Denied Response Waived constitutional-rights due-process evidence evidence-standard florida-supreme-court stipulation-of-facts summary-judgment unpreserved-issue waived-issue waiver-doctrine Did the Florida Supreme Court violate the Petitioner's constitutionally guaranteed due process rights?
21-7309 Jaime Calderon, aka Jaime Arredonde, aka Jaime Rene Calderon v. United States Ninth Circuit 2022-03-08 Denied Response WaivedIFP civil-rights daubert-standard due-process evidence expert-testimony gatekeeping-function judicial-reliability kumho-tire law-enforcement law-enforcement-experts reliability Whether district courts have a duty to assess the reliability of law enforcement officers testifying as experience-based experts
21-7312 Daniel Viveiros v. Massachusetts Massachusetts 2022-03-08 Denied Response WaivedIFP complaint-testimony due-process evidence evidence-admission expert-testimony prosecutorial-misconduct sexual-assault trial-error trial-procedure uncorroborated-allegations Whether the trial court erred in admitting evidence without expert medical testimony
21-7321 Eric Labreece Mack v. Texas Texas 2022-03-08 Denied IFP appeal criminal-procedure due-process evidence jury-instructions sentencing standard-of-review Whether the court of appeals erred in finding that Mr. Mack was not entitled to a defensive jury instruction
21-7275 David Nowakowski v. Pennsylvania Pennsylvania 2022-03-04 Denied IFP civil-rights due-process evidence evidence-presentation judicial-review prosecutorial-discretion prosecutorial-error separation-of-powers state-court-system Where a district attorney fails to exercise discretion in the decision not to prosecute, can continued and mounting evidence be presented to the distr…
21-7280 Sammie Carroll v. Maryland Maryland 2022-03-04 Denied Response WaivedIFP appellate-review court-of-special-appeals criminal-conviction criminal-procedure due-process evidence evidence-sufficiency jail-call-evidence standard-of-review sufficiency-of-evidence Did the Court of Special Appeals of Maryland err in ruling that the evidence adduced at trial was sufficient to sustain a conviction?
21-7247 Kevin Herriott v. Lieutenant Jackson Fourth Circuit 2022-03-02 Denied IFP civil-procedure civil-rights constitutional-amendments court-of-appeals due-process evidence federal-courts federal-rules legal-mail mail-room standing statutory-provisions Whether the claimant is entitled to offer evidence to support his claims?
21-7248 John Garcia v. Melissa Robinson Arizona 2022-03-02 Denied IFP child-custody constitutional-rights court-order due-process evidence judicial-bias judicial-determination parental-rights parenting-plan trial-procedure Does a judge's pre-determination on the record prior to reviewing the evidence at trial violate a constitutional right to due process?
21-7253 Luis D. Sambolin-Robles v. Corrections Administration First Circuit 2022-03-02 Denied IFP 2nd-amendment civil-rights constitutional-rights criminal-procedure due-process evidence evidence-standard judicial-review legal-procedure standing trial-fairness Whether the federal government's prosecution of the petitioner violated the petitioner's constitutional rights
21-7241 Darrell Johnson v. Pennsylvania Pennsylvania 2022-03-01 Denied Response WaivedIFP alibi-instruction evidence ineffective-assistance ineffective-assistance-of-counsel legal-error pennsylvania-state-court state-court stipulations trial-counsel Was the Pennsylvania State Court's ruling supported by the evidence and free from legal error when it held that Petitioner's trial counsel was not ine…
21-7242 Michael Wayne Kelly v. Texas Texas 2022-03-01 Denied IFP appellate-review confrontation-clause confrontation-right criminal-defense evidence evidence-exclusion right-to-present-defense sixth-amendment trial-court-error witness-testimony Did the Court of Appeals err in excluding evidence that deprived Petitioner of his Sixth Amendment right
21-1186 Michelle Manor, et vir v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. Ninth Circuit 2022-02-28 Denied Response Waived civil-rights coercive-interrogation constitutional-law criminal-procedure due-process evidence immigration judicial-review marriage-fraud ninth-circuit unreliable-statements Whether the Ninth Circuit erred in finding that the Manors waived the issue that the trial court erred in relying upon unreliable statements made duri…
21-7229 Steven A. Taliani v. Illinois Illinois 2022-02-28 Denied IFP criminal-procedure due-process evidence evidentiary-hearing involuntary-intoxication prescription-medication state-prisoner statutory-interpretation supreme-court-review Does the Illinois Supreme Court's opinion and analysis constitute an unreasonable determination of the facts in light of the Illinois Supreme Court's …
21-1131 Trudy Mighty, as Personal Representative of the Estate of David M. Alexis, Deceased v. Miguel Carballosa, et al. Eleventh Circuit 2022-02-16 Denied Response Waived circuit-conflict circuit-split civil-procedure civil-rights curative-admissibility due-process evidence evidentiary-ruling expert-testimony Whether the Eleventh Circuit erroneously applied the doctrine of 'curative admissibility' to affirm the district court's admission of inadmissible spe…
21-7132 Dominique C. Swopes v. Ohio Ohio 2022-02-16 Denied IFP capital-case discovery-order due-process evidence fourteenth-amendment interlocutory-appeal scientific-evidence state-created-right trial-court-discretion Whether a defendant in a capital case has a Fourteenth Amendment due process right to take an interlocutory appeal of a trial court's discovery order …
21-1129 Wen-Ting Zheng-Smith v. Nassau Health Care Corporation, dba NUHealth System, et al. Second Circuit 2022-02-15 Denied Response Waived academic-reviews attorney attorney-conduct civil-procedure court-discretion evidence evidence-submission government-findings judicial-procedure legal-evidence witness-statements witness-testimony Can evidence presented by defendant's attorney on behalf of plaintiff be updated to include missing information?
21-7122 Thomas Warner v. Illinois Illinois 2022-02-15 Denied IFP aggravated-battery criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency firearm-discharge jury-instructions sentencing state-testimony witness-credibility Whether Thomas Warner's convictions for aggravated battery with a firearm should be reversed
21-7067 Kimmie Dwayne Baker v. Arizona Arizona 2022-02-08 Denied Response WaivedRelisted (2)IFP certiorari-review criminal-procedure due-process electronic-surveillance evidence exculpatory-evidence government-misconduct government-response judicial-procedure new-trial new-trial-motion surveillance Whether the government was obligated to respond and contest the merits of the July 3, 2022 motion, rather than moving to dismiss on the basis of untim…
21-7059 Timothy George Muller v. Michigan Michigan 2022-02-04 Denied IFP criminal-procedure double-jeopardy due-process evidence ineffective-assistance-of-counsel jurisdiction plea-bargaining substance venue Whether the trial court erred in denying Mr. Muller's motion to withdraw his plea and vacate his conviction for delivery of a controlled substance cau…
21-6998 Robert Lars Pape v. California California 2022-01-31 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion right-to-present-defense standard-of-review third-party-culpability Does the Constitution permit the exclusion of a defendant's presentation of substantial evidence of third-party culpability simply because the court b…
21-7003 Latique Johnson v. United States Second Circuit 2022-01-28 Denied Response WaivedIFP admissibility admissibility-standard ballistics ballistics-testimony evidence expert-testimony expert-witness federal-rules-evidence federal-rules-of-evidence firearm forensic-science scientific-reliability Whether testimony by ballistics toolmark experts that a particular firearm fired recovered bullets or casings is presently so flawed as to be inadmiss…
21-6980 Michael R. Fowler v. Robert Fox, Warden Ninth Circuit 2022-01-27 Denied Response WaivedIFP civil-rights confrontation-clause criminal-procedure due-process evidence hearsay Whether the victim's statements to police are admissible at trial on the grounds of unavailability
21-6982 Robert Stanley Gordon v. Metropolitan Life Insurance Company Ninth Circuit 2022-01-27 Denied IFP benefits-denial conflict-of-interest custody erisa evidence evidence-retention long-term-disability plan-concealment Whether ERISA long-term disability benefits can be denied after years of plan concealment
21-6966 Juan Sampel v. United States Second Circuit 2022-01-26 Denied Response WaivedIFP appellate-review drug-quantity due-process evidence evidence-withholding government-misconduct judicial-discretion sentencing Does an appellate court violate principles of Due Process when it disregards substantial evidence which questions a district court's drug quantity fin…
21-1032 Jason T. Berry v. Federal Bureau of Investigation, et al. First Circuit 2022-01-21 Denied Response WaivedRelisted (2) 4th-amendment cell-phone-intrusion civil-procedure en-banc-review evidence exceptional-importance fbi-abuses fourth-amendment mandate-recall pro-se pro-se-litigation standing Whether additional evidence of claims occurring while a judgment is pending and immediately after case closure merit recall of a mandate
21-1021 Dexter Payne, Director, Arkansas Division of Correction v. Alvin Bernal Jackson Eighth Circuit 2022-01-20 Denied Relisted (4) adaptive-skills constitutional-rights criminal-sentencing cruel-and-unusual-punishment death-penalty due-process evidence intellectual-disability judicial-interpretation Whether courts may consider adaptive strengths in deciding whether a defendant is intellectually disabled and thus ineligible for the death penalty
21-6875 Dontaie Anderson v. Kyle Russell, Warden, et al. Third Circuit 2022-01-14 Denied Response WaivedIFP certiorari civil-rights criminal-procedure double-jeopardy due-process equal-protection evidence judicial-procedure sentencing supreme-court Whether the governments need to secure court appearance outweigh the security of person from severe harms, mental and physical, due process and punish…
21-6770 Dave Elysee v. United States Eleventh Circuit 2022-01-06 Denied Amici (1)IFP burden-of-proof criminal-defendant criminal-defense due-process evidence legal-procedure police-investigation presumption-of-innocence suspect-identification trial-defense Whether a criminal defendant may mount a defense at trial based on an inadequate police investigation into another suspect
21-940 Kentucky v. Jared McCarthy Kentucky 2021-12-27 Denied Amici (1)Response Waived blood-test criminal-procedure due-process evidence evidence-admission fourth-amendment impaired-driving mandatory-minimum search-and-seizure Whether the Fourth Amendment prohibits the admission of a defendant's refusal of a blood test in an impaired-driving prosecution
21-909 Khai Quang Bui v. Hernan Ruiz Cabaellero Virginia 2021-12-21 Denied Relisted (2) 14th-amendment adverse-decision amendment-fourteen civil-procedure civil-rights constitutional-challenge court-procedure due-process evidence judicial-decision procedural-due-process Does the U.S. Constitution Amendment XIV Section 1 Procedural Due Process contradict the process, procedure, evidence, and decision of a U.S. court in…
21-6679 Juan Jarmon v. United States Third Circuit 2021-12-20 Denied Response WaivedIFP appellate-review circuit-court-conflict conspiracy conspiracy-law crack-cocaine criminal-law evidence evidentiary-standard sentencing sentencing-guidelines standard-of-review united-states-v-pressler Whether the Third Circuit Court of Appeals entered a decision in conflict with the decision of United States v. Pressler
21-6653 Urban Fermin v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision Second Circuit 2021-12-17 Denied IFP business-records confrontation-clause criminal-procedure dna-evidence evidence hearsay hearsay-exception sixth-amendment Whether the business record exception to hearsay survives the United States Constitution's Sixth Amendment Confrontation Clause
21-6620 Tormu Prall v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-12-15 Denied Response WaivedIFP chain-of-custody criminal-procedure due-process evidence evidence-tampering fundamental-fairness prosecutorial-misconduct witness-testimony Whether the steps the petitioner proposed for regaining access to those letters are a 'watershed rule implicating the fundamental fairness and accurac…
21-6587 Marcus Termaine Darden v. United States Sixth Circuit 2021-12-13 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence expert-testimony gang-expert harmless-error hearsay hearsay-testimony sixth-circuit Did the Sixth Circuit Court of Appeals err by holding the district court's errors in admitting police 'gang expert' and other hearsay testimony were h…
21-6536 In Re Michael Robert Everett 2021-12-07 Denied IFP 5th-amendment civil-rights clearly-established-law due-process evidence federal-habeas-corpus ineffective-assistance post-conviction-relief state-court-record suppression-hearing unreasonable-determination Whether counsel was ineffective for failing to present to the court during suppression hearing evidence that the petitioner seeks to raise when invoki…
21-6499 Henry Pratt v. Pennsylvania Pennsylvania 2021-12-03 Denied Response WaivedIFP bias civil-litigation civil-procedure evidence evidence-admissibility insurance-bias motive restitution restitution-claim settlement-agreement trial-court-discretion Whether the trial court erred by precluding the use of a civil settlement agreement between the parties, which was admissible to show the defendant's …
21-821 Mary J. Farrier v. George Phillip Leicht, et al. Sixth Circuit 2021-12-03 Denied Response Waived civil-procedure civil-rights due-process evidence jurisdiction standing Whether the lower court erred in dismissing petitioner's claims for lack of standing
21-6481 General Grant Wilson v. Wisconsin Wisconsin 2021-12-01 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel prejudice standing third-party-perpetrator wisconsin-law Whether the limitations that Wisconsin places on a criminal defendant seeking to introduce evidence are consistent with the Due Process Clause
21-6487 Lisa Marie Cano v. United States Ninth Circuit 2021-12-01 Denied Response WaivedIFP burden-of-proof civil-procedure court-of-appeal court-of-appeals evidence historical-facts inevitable-discovery investigating-officer investigation verification Whether a court of appeal's inference regarding the future course of an investigation, unsupported by testimony from the investigating officer or by e…
21-6463 William Martin Cresham v. California California 2021-11-30 Denied Response WaivedIFP constitutional-rights criminal-procedure domestic-violence due-process evidence evidence-law prior-acts propensity propensity-evidence Whether the admission of prior acts of domestic violence to establish the petitioner's propensity to commit such crimes violated his right to due proc…
21-6340 Troy Wayne Harmon v. Texas Texas 2021-11-19 Denied IFP constitutional-rights court-of-appeals criminal-procedure evidence evidence-rules fourteenth-amendment inconsistent-opinion informant-privilege material-witness sixth-amendment Whether the trial court's refusal to allow the petitioner to call a material witness violated the petitioner's Sixth Amendment and Fourteenth Amendmen…
21-6275 David Wayne Dooley v. Kentucky Kentucky 2021-11-16 Denied Response WaivedIFP arizona-v-youngblood burden-of-proof civil-procedure confrontation-rights criminal-defendant criminal-procedure due-process evidence evidence-spoliation separation-of-witnesses state-action Is Due Process violated when a criminal defendant must bear the burden of showing bad faith in order to be entitled to a missing evidence instruction,…
21-6305 Eric Volk v. State Bar of California California 2021-11-16 Denied Response WaivedIFP civil-rights constitutional-rights digital-evidence disciplinary-proceedings due-process evidence fourth-amendment law-enforcement legal-representation professional-conduct search-and-seizure warrant-requirement Can The Spate bar of CAIIFOCWA cJos2 . a Complaint an my BHerreo Ms. Lance Brown, Where rules ef profcfsyone| Condect, dnd ng Ave proces Whrk Ve oat l…
21-6264 Marion Katrell Campbell v. United States Fourth Circuit 2021-11-15 Denied Response WaivedIFP district-court-discretion due-process evidence evidence-admissibility federal-rules-of-evidence rule-404(b) rule-404b rule-702 trial-procedure Whether the district court improperly allowed Federal Rule of Evidence 404(b) & 702 in petitioner's trial
21-6233 Joe Lenard Rodriguez v. United States Eighth Circuit 2021-11-12 Denied Response WaivedIFP conspiracy conspiracy-to-distribute criminal-law criminal-procedure drug-trafficking due-process evidence evidence-sufficiency jury-trial methamphetamine Did the courts below err in convicting the Petitioner of Conspiracy to Distribute Methamphetamine?
21-6211 Cubby Wayne Williams v. United States Ninth Circuit 2021-11-08 Denied Response WaivedIFP brain-injury cognitive-deficits criminal-procedure due-process evidence expert-testimony good-faith mens-rea rule-702 traumatic-brain-injury willfulness Whether the district court committed reversible error by excluding expert evidence of the defendant's traumatic brain injury and its effects on his co…
21-6111 Jonas Ross, III v. United States Eighth Circuit 2021-10-29 Denied Response WaivedIFP burrage-standard burrage-v-united-states but-for-causation causation circuit-split controlled-substance controlled-substances criminal-law drug-distribution eighth-circuit evidence Whether the Eighth Circuit's conclusion that Mr. Ross distributed the controlled substance that resulted in the death of K.P. is in conflict with Burr…
21-6098 Hector Enamorado, aka Vida Loca v. United States First Circuit 2021-10-27 Denied IFP bruton-doctrine bruton-v-united-states codefendant-confession confrontation-clause criminal-procedure evidence multi-defendant-trial multi-defendant-trials rico-conspiracy sixth-amendment Whether a confession by codefendant's counsel on behalf of his client during a multi-defendant trial is subject to Bruton v. United States, 391 U.S. 1…
21-6069 Artavius Horne v. United States Third Circuit 2021-10-25 Denied Response WaivedIFP criminal-procedure due-process evidence judicial-review supervisory-power third-circuit Did the Court of Appeals for the Third Circuit fail to award the Petitioner a new trial as the result of error in the District Court where the Court a…
21-580 Vitaly Korchevsky v. United States, et al. Second Circuit 2021-10-20 Denied Response Waived criminal-indictment criminal-procedure due-process evidence grand-jury grand-jury-clause insider-trading material-nonpublic-information securities-exchange-act securities-fraud stock-trading Whether the evidence at trial so dramatically changed the type, number, and scope of the specifically alleged trades that the defendant was denied his…
21-6014 Yina Maria Castaneda Benavidez, aka La Reina, aka Ingeniera v. United States Eleventh Circuit 2021-10-19 Denied Response WaivedIFP appeal conspiracy constitutional-rights criminal-law criminal-procedure drug-trafficking due-process evidence evidence-standard knowledge-element sentencing sentencing-disparity Did the Eleventh Circuit reversibly err in affirming a conviction for which the Government failed to prove the essential element of knowledge or reaso…
21-5968 Timothy Stemen v. Florida Florida 2021-10-14 Denied IFP 4th-amendment civil-rights due-process evidence fifth-amendment fourth-amendment ineffective-counsel police-misconduct search-and-seizure self-incrimination Did law enforcement violate the petitioner's due process rights under the 14th Amendment regarding the recordings
21-5963 Norris Williams v. United States Eleventh Circuit 2021-10-13 Denied Response WaivedIFP 5th-amendment constitutional-rights criminal-investigation criminal-procedure due-process evidence fifth-amendment habeas-corpus investigation right-to-silence self-incrimination When does an investigation stop after a defendant says 'No'?
21-5908 Miguel Martinez v. Illinois Illinois 2021-10-06 Denied IFP civil-rights criminal-law due-process evidence public-trial right-to-counsel Whether Martínez's constitutional rights were violated at every stage of his trial when he was removed from the courtroom, denied his right to be pres…
21-5909 Sands Cooper v. Advanced Internet Automation, LLC, et al. Virginia 2021-10-06 Denied Relisted (2)IFP attorney-misconduct civil-procedure evidence evidence-tampering false-document federal-rule-of-civil-procedure-60(b) judicial-misconduct pro-se procedural-defect workers-compensation Should the defendant be awarded for criminally entering a false document that was used by the Court's Officer as evidence as a result of attorney misc…
21-5851 Daniel Bryan Kelly, Jr. v. California California 2021-10-04 Denied IFP child-witness confrontation-clause criminal-procedure due-process evidence fair-trial gang-related-crime ineffective-counsel trial-rights witness Why wasn't I allowed to face my accuser and cross-examine at trial?
21-5882 Jessica W. v. Administration for Children's Services New York 2021-10-04 Denied Response WaivedRelisted (2)IFP 14th-amendment child-custody constitutional-rights due-process evidence family-court fourteenth-amendment parental-rights procedural-error Did the New York County Family Court meet due process and evidence standards in their determinations against the petitioner in disposition of two conj…
21-5830 Bradley David Johnson v. Stuart Sherman, Warden Ninth Circuit 2021-09-30 Denied IFP confrontation-clause crawford-v-washington criminal-procedure due-process evidence sixth-amendment Whether the Confrontation Clause of the Sixth Amendment was violated when the trial court admitted testimonial statements of a non-testifying witness
21-5825 Raqib Abdul Al-Amin v. South Carolina South Carolina 2021-09-29 Denied IFP compulsory-process constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment drug-offense due-process eighth-amendment evidence expert-witness mandatory-minimum sentencing-guidelines Whether the South Carolina Supreme Court erred in concluding that the trial court's decision to exclude the testimony of the defendant's expert witnes…
21-5798 Willie Israel Navarette v. United States Eighth Circuit 2021-09-28 Denied Response WaivedIFP 5th-amendment 6th-amendment criminal-procedure defendant-rights due-process evidence evidence-law impeachment suppression-hearing trial-testimony Whether testimony from a suppression hearing may be used for impeachment purposes if a defendant testifies at trial
21-5804 Kenneth Randale Door v. United States Ninth Circuit 2021-09-28 Denied IFP circuit-split criminal-law criminal-procedure evidence evidence-sufficiency judgment-of-acquittal jurisdiction plain-error rehaif-standard rehaif-v-united-states Is review of a claim that the evidence was insufficient to establish the knowledge of status required by Rehaif v. United States, 139 S. Ct. 2191 (201…
21-460 April Diane Myres v. United States Ninth Circuit 2021-09-27 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure due-process evidence evidence-admission fourth-amendment probable-cause self-incrimination warrantless-search Whether the Fourth Amendment permits the Government to introduce testimony, based only on the defendant's not consenting to warrantless fingerprinting…
21-5771 Sirshun Dontrell Burris v. United States Sixth Circuit 2021-09-23 Denied Response WaivedIFP 4th-amendment appellate-review circuit-court circuit-split civil-rights constitutional-provisions due-process evidence jurisdiction search-and-seizure standing statutory-provisions Whether officers' search of a defendant's house without a warrant violates the Fourth Amendment
21-5720 Mark Eldon Wilson v. United States Ninth Circuit 2021-09-20 Denied Response WaivedIFP arrest-warrant criminal-complaint evidence federal-rule-of-criminal-procedure-29 judgment-of-acquittal rule-29 sixth-amendment speedy-trial speedy-trial-rights united-states-v-marion Whether a criminal complaint triggers a defendant's Sixth Amendment speedy trial rights
21-5661 Raymond Moya v. United States Tenth Circuit 2021-09-14 Denied Response WaivedIFP causation causation-of-death criminal-law criminal-procedure drug-distribution evidence evidence-suppression expert-testimony motion-in-limine motion-to-dismiss Whether the District Court erred in denying Moya's Motion to Dismiss Count 2
21-5629 Alba Duque v. Chabad at the Civic Center, Inc. Florida 2021-09-10 Denied IFP contract contract-validity enforceability evidence evidence-admissibility judicial-discretion parties quit-claim-deed real-estate real-estate-contract specific-performance Can a Real Estate Contract be legally valid and enforceable if not all the required parties signed it?
21-5607 Terry R. Smith v. United States Sixth Circuit 2021-09-08 Denied Response WaivedIFP autopsy autopsy-requirement black-lung-disease cause-of-death civil-rights compensation-claim criminal-procedure due-process evidence medical-evidence Whether the defendant was convicted beyond a reasonable doubt due to the split decisions in the circuit court division
21-5575 Frederick Arayatanon v. United States Fifth Circuit 2021-09-03 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial defendant-rights district-court due-process evidence evidentiary-admission fair-trial jail-telephone-calls presumption-of-innocence Did the District Court's admission of jail telephone calls by the defendant during trial undermine the defendant's presumption of innocence?
21-346 Yvonne Reignat-Vodi v. Motor Vehicle Administration Maryland 2021-09-02 Denied Response Waived 14th-amendment administrative-law agency-records civil-rights dismissal driver-license due-process evidence fourteenth-amendment procedural-due-process witnesses Did the courts follow the Procedural Due Process subject to the 14th Amendment due process protection?
21-5559 Selvin Leonell Hernandez v. United States Fifth Circuit 2021-09-02 Denied Response WaivedIFP 2nd-amendment commerce-clause criminal-procedure criminal-statute evidence evidentiary-standard federal-law firearm-possession interstate-commerce jurisdictional-element mens-rea Whether possession of a firearm is 'in or affecting commerce' when there is no evidence that the defendant moved the firearm across state lines or tha…
21-303 Vignaraj Munsami Pillay v. Public Storage Inc. Florida 2021-08-30 Denied Relisted (2) breach-of-contract civil-procedure civil-rights corporate-liability due-process evidence exculpatory-clause motion-to-dismiss negligence property-damage standing tenant-rights Can a motion to dismiss a complaint using citations out of context from distinguishable cases,polished and crafted , and completely unrelated to this …
21-5504 Eric Worley v. United States Sixth Circuit 2021-08-26 Denied Response WaivedIFP base-offense-level burden-of-proof confrontation-clause criminal-procedure drug-quantity evidence preponderance-of-evidence presentence-report sentencing sentencing-guidelines Whether the government failed to prove the drug quantity used to determine the defendant's base offense level by a preponderance of the evidence, in v…
21-5424 Victor H. Canales v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-20 Denied IFP actual-innocence civil-procedure criminal-procedure dna-testing due-process evidence fourteenth-amendment judicial-proceedings legal-counsel post-conviction-relief standing Question not identified
21-5434 Demontrae Wilson v. United States Tenth Circuit 2021-08-20 Denied Response WaivedIFP authentication circuit-split criminal-procedure evidence evidentiary-standards lay-witness social-media social-media-evidence Proper authentication for social-media evidence
21-227 Venus Y. Springs v. North Carolina State Bar North Carolina 2021-08-17 Denied Response Waived civil-rights constitutional-rights corporate-litigation due-process evidence first-amendment free-speech judicial-discipline north-carolina standing Whether the posting of a deposition video to educate pro se litigants is protected by the First Amendment
21-5380 Luke Edward Fleming v. Florida Florida 2021-08-17 Denied Response WaivedIFP circumstantial-evidence cold-case constitutional-law criminal-procedure dna-evidence due-process evidence murder sexual-battery Whether the Petitioner's convictions for murder and sexual battery violate the Due Process Clause of the United States Constitution because the eviden…
21-5398 Scott Estes v. United States First Circuit 2021-08-17 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process emergency-call evidence hearsay-exception sixth-amendment testimonial-statements Did the United States Court of Appeals for the First Circuit fail to correctly apply the objective primary purpose test for testimonial statements mad…
21-5281 Steven Burda v. Pennsylvania Department of Human Services Pennsylvania 2021-08-03 Denied Relisted (2)IFP appellate-review certiorari civil-procedure due-process evidence judicial-review jurisdiction legal-procedure lower-court standing supreme-court Did the Supreme Court err by not allowing exhibits to be included?
21-5255 Nathaniel B. Appleby-El v. Maryland Maryland 2021-07-30 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence evidence-admission right-to-counsel witness-testimony Whether the use of transcripts denied the defendant's right of confrontation
21-5250 Adalberto Martinez-Ramirez v. United States Eighth Circuit 2021-07-29 Denied Response WaivedIFP §3Bl.1(a)-standard buyer-relationship circuit-court-review criminal-leadership criminal-procedure criminal-sentencing evidence precedent precedent-interpretation sentencing-guidelines statutory-interpretation U.S.-v.-Miller Whether the Eighth Circuit overlooked binding precedent in U.S. v. Miller when determining if the facts established that Martinez did not coerce buyer…
21-5242 Joshua Sadat Washington v. United States Ninth Circuit 2021-07-28 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process evidence search-and-seizure suppression-hearing Did Hee Witdinivk tot trv i wenyng He veogenwng — OF the Suppression hearing , Whee Met vé gt thets Ye levont fo the fete Hinting [(WOCEF?
21-5219 Bryan James Collins v. United States Fifth Circuit 2021-07-27 Denied Response WaivedIFP appellate-review circuit-split criminal-conviction criminal-law due-process evidence federal-statute fifth-circuit sentencing statutory-interpretation Whether the Fifth Circuit wrongly affirmed Collins's conviction
21-5191 Tammy H. Hepburn v. Teleperformance Ninth Circuit 2021-07-23 Denied IFP civil-procedure civil-rights-act discovery employment-discrimination evidence failure-to-preserve-evidence hostile-work-environment litigation racial-discrimination spoliation-of-evidence title-vii workplace-retaliation Whether spoliation of evidence or failure to preserve evidence is relevant to a case when the case has been deemed for litigation
21-5148 Gregory Dew v. Lashann Eppinger, Warden Sixth Circuit 2021-07-21 Dismissed IFP actual-innocence constitutional-violation due-process evidence evidence-review gateway-claim house-v-bell newly-supplemented-record procedural-bar Is a petitioner denied due process when the courts fail to review all relevant evidence in the overall, newly supplemented record for an actual innoce…
21-5140 Gabriel Elijah Kane Arkinson, aka Daniel Elijahkane Arkinson v. United States Ninth Circuit 2021-07-20 Denied Response WaivedIFP accomplice-testimony acquittal-standard criminal-procedure due-process evidence motion-for-acquittal ninth-circuit-review rule-29-motion witness-credibility witness-identification Whether the presumptive force of the rule that the testimony of an accomplice is sufficient to convict is a lawful substitute for this Court's rules g…
21-63 Terrance Miles v. Belinda Sanchez, Acting Warden Sixth Circuit 2021-07-16 Denied Response RequestedResponse WaivedRelisted (2) evidence evidence-availability government-delay government-responsibility pre-trial-imprisonment prejudice rehabilitation sixth-amendment speedy-trial trial-postponement Whether the government's responsibility for delays in obtaining evidence weighs against the government in a Sixth Amendment speedy-trial analysis
21-40 Lumbsden A. Sangster v. Anthony Valencia California 2021-07-12 Denied Response WaivedRelisted (2) civil-procedure civil-rights defamation evidence evidence-tampering fair-report-privilege free-speech police-communication press-communication section-47 Whether the fair report privilege applies to a private communication between a police officer and a member of the press in a defamation case
21-5083 Corbin J. Breitenbach v. Kansas Kansas 2021-07-12 Denied IFP appellate-review constitutional-law criminal-procedure discovery dna-testing due-process evidence habeas-corpus judicial-procedure Did the District Court abuse its discretion in denying Bieberlach's request for independent DNA testing?
21-5063 Sammy Cano v. Illinois Illinois 2021-07-09 Denied IFP constitutional-rights criminal-procedure criminal-seizure due-process evidence ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt sentencing sentencing-discretion witness-credibility witness-testimony Whether the State failed to prove guilt beyond a reasonable doubt
21-5042 John Shields v. United States Sixth Circuit 2021-07-08 Denied IFP controlled-substance criminal-procedure double-jeopardy evidence guilty-plea money-laundering plain-error waiver waiver-doctrine Whether the Sixth Circuit's blanket policy of relying on the waiver doctrine conflicts with this Court's plain-error-jurisprudence
21-5032 Paris Poe v. United States Seventh Circuit 2021-07-07 Denied Response WaivedIFP daubert daubert-standard evidence evidence-admissibility expert-testimony feature-comparison federal-rules-of-evidence reliability-standard scientific-methodology scientific-reliability subjective-feature-comparison Whether Daubert v. Merrell Dow Pharmaceuticals, Inc. and Federal Rule of Evidence 702 require lower courts to properly analyze the admissibility of ev…
21-5016 Salvador Acosta v. United States Ninth Circuit 2021-07-06 Denied IFP appellate-review criminal-knowledge criminal-law drug-statutes evidence harmless-error mens-rea sentencing sentencing-enhancement testimony Whether a federal court of appeals can reject a defendant's testimony denying the requisite criminal knowledge as implausible in determining that a pr…
21-5009 Eddie Tarver v. Maryland Maryland 2021-07-02 Denied Response WaivedIFP abuse-of-discretion appellate-review authentication cell-phone-evidence civil-procedure evidence evidence-authentication harmless-error judicial-discretion photographic-evidence Whether the Court of Special Appeals abused its discretion by deciding that the Circuit Court's error, admitting in evidence certain pictures from a c…
20-8443 Jacobie A. Green v. Louisiana Louisiana 2021-06-29 Denied Response WaivedIFP criminal-procedure defendant-statement due-process evidence jury-charge jury-instructions motion-to-quash photographic-evidence right-to-counsel state-created-impediment trial-court-discretion Whether the trial court erred in admitting the defendant's statement, denying the motion to quash the superseding indictment, admitting speculative ph…
20-8435 Vladimir Eugene v. Florida Florida 2021-06-28 Denied Response WaivedIFP 6th-amendment confrontation-clause due-process equal-protection evidence fair-trial fourteenth-amendment hearsay ineffective-assistance non-hearsay-purpose Whether otherwise inadmissible nontestimonial hearsay admitted for non-hearsay purpose and thereafter used for their truth as substantive evidence vio…
20-8421 Braulio Perez v. United States Eleventh Circuit 2021-06-25 Denied IFP 4th-amendment 5th-amendment 6th-amendment 911-call armed-career-criminal body-camera body-camera-footage constitutional-rights'\n'Issue 4 criminal-history criminal-law criminal-procedure criminal-procedure'\n'Issue 2 criminal-procedure'\n'Issue 3 criminal-procedure'\n'Issue 4 enhancement evidence fair-trial fifth-amendment firearm fourth-amendment motion-to-suppress search-and-seizure self-incrimination sentencing sentencing-enhancement statements statutory-interpretation witness witness-testimony Issue 1
20-8428 Joseph George v. M. Eliot Spearman, Warden, et al. Ninth Circuit 2021-06-24 Denied IFP confrontation-clause criminal-procedure due-process evidence expert-testimony sixth-amendment Whether the evidence and expert testimony presented at trial was sufficient to satisfy the Confrontation Clause of the Sixth Amendment
20-8392 Dmitry Pronin v. Troy Johnson, et al. Fourth Circuit 2021-06-23 Denied Response WaivedIFP civil-rights due-process evidence federal-rules-of-civil-procedure mistake new-trial Must Petitioners attorneys' mistake or inadvertence in not introducing evidence of history of retaliation from the side of at least one of the Defenda…
20-8381 Christian Diaz v. Scott Frauenheim, Warden Ninth Circuit 2021-06-22 Denied IFP civil-rights confrontation counsel-obligations due-process evidence trial-procedure Whether the trial court erred in its handling of the evidence presented against the defendant
20-8363 Outhdorm Ros v. California California 2021-06-21 Denied Response RequestedRelisted (2)IFP criminal-procedure due-process evidence evidence-admission fifth-amendment miranda-rights prosecutorial-argument self-incrimination Whether a suspect's silence after arrest but before Miranda warnings can be admitted and commented upon to prove guilt
20-1766 In Re John H. Todd 2021-06-21 Denied Response Waived civil-rights confession constitutional-safeguards criminal-investigation due-process evidence evidence-exclusion police-conduct search-warrant Does Oregon's conflicting statutes on search warrants provide the same level of constitutional safeguards for suspects in a criminal investigation?
20-8307 Lamar McKnight v. Josie Gastelo, Warden Ninth Circuit 2021-06-15 Denied Response WaivedIFP confrontation-clause cross-examination due-process evidence expert-testimony gang-enhancement gang-expert jury-instruction natural-probable-consequences right-to-confront testimonial-hearsay Should a COA have been granted to decide if the trial court's admission of the gang expert's testimonial hearsay deprived McKnight of his right to con…
20-8314 Timothy Brewer v. Stewart Eckert, Superintendent, Wende Correctional Facility Second Circuit 2021-06-15 Denied Response WaivedIFP certificate-of-appealability child-psychology constitutional-rights evidence fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Court, …
20-8288 Anthony L. Ingram v. United States Sixth Circuit 2021-06-11 Denied Response WaivedIFP 18-usc-1201(a)(1) criminal-procedure due-process evidence evidence-sufficiency federal-kidnapping jury-instructions motion-for-acquittal Are the due process rights of a defendant in a criminal case violated when the government fails to present evidence at trial as to each element of the…
20-1707 Katherine Jacobs v. Johnson Storage & Moving Co. Holdings, LLC Eighth Circuit 2021-06-10 Denied Response Waived administrative-errors civil-procedure due-process evidence flsa-violations fraud material-facts overtime-approval perjury summary-judgment Whether the district court upheld FRCP Rule 56, Rule 60(b) and summary judgment standards
20-8270 Maurice A. Jackson v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2021-06-09 Denied Response WaivedIFP court-of-appeals criminal-procedure dna-testing evidence ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard standard-of-review trial-counsel witness-impeachment Did the third circuit court err in deferring to the Court of Common Pleas finding that Mr. Jackson was not prejudiced by trial counsel not having key …
20-8228 John Campbell v. United States Fourth Circuit 2021-06-04 Denied Response WaivedIFP appeal armed-bank-robbery bank-robbery count-severance criminal-procedure evidence evidence-suppression firearm-possession jury-instructions sentencing sentencing-enhancement Did the district court incorrectly decline to charge the jury on a key element of armed bank robbery?
20-8206 Prentiss Morris v. Oklahoma Oklahoma 2021-06-02 Denied IFP 8th-amendment administrative-law civil-rights constitutional-law criminal-procedure due-process evidence judicial-review legal-procedure mental-health sentencing statutory-interpretation Can a person be convicted of alleged crimes based on mental retardation or other mental disabilities?
20-1663 Matthew D. Norwood v. United States Armed Forces 2021-05-28 Denied Response Waived criminal-procedure evidence evidence-rule forensic-interview hearsay hearsay-exception jury-deliberation prior-consistent-statement repetition trial-procedure truth-effect witness-testimony Whether admission of a recorded hearsay statement as a physical exhibit, permitted to be reviewed during deliberations, is a fair application of the e…
20-1646 Steven K. Stanley v. Angel Quiros, Commissioner, Connecticut Department of Correction Connecticut 2021-05-26 Denied Response Waived 4th-amendment criminal-procedure evidence fourth-amendment habeas-corpus phone-number-obfuscation privacy privacy-expectation res-judicata search-and-seizure Does the intentional use of the *67 feature create a justifiable expectation of privacy?
20-8143 Merwin Smith v. United States Eighth Circuit 2021-05-26 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-law criminal-prosecution evidence evidence-rule-404b federal-prosecution federal-rules-of-evidence gun-possession prior-convictions propensity-evidence rule-404(b) Whether federal prosecutors can introduce evidence of a person's prior conviction for unlawful gun possession in a prosecution based on police testimo…
20-8116 Carlos Bayon v. United States Second Circuit 2021-05-25 Denied Response WaivedIFP circuit-split criminal-procedure evidence evidence-admissibility federal-rule-of-evidence-404(b) federal-rules-of-evidence judicial-discretion legal-interpretation rule-of-exclusion rule-of-inclusion Is Federal Rule of Evidence 404(b) a rule of inclusion or exclusion?
20-8081 Melvin Roshard Alfred v. United States Tenth Circuit 2021-05-20 Denied Response WaivedIFP criminal-procedure evidence evidence-admissibility federal-rules-of-evidence intrinsic-evidence misconduct-evidence rule-404(b) rule-404b social-media uncharged-misconduct Whether uncharged misconduct evidence that does not directly prove the charged crime may be deemed 'intrinsic evidence' and admitted without the admis…
20-8087 William Edward Erickson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-05-20 Denied Response WaivedIFP appellate-review coercion conditional-plea constitutional-claims criminal-procedure evidence extraneous-statements ineffective-assistance-of-counsel ineffective-counsel involuntary-plea pretrial-motions sixth-amendment Whether the petitioner is entitled to constitutional review and relief on his claims at the appeal level regarding his ineffective assistance of couns…
20-8030 Reginald Tremaine Wilson v. North Carolina North Carolina 2021-05-14 Denied IFP civil-asset-forfeiture civil-rights constitutional-challenge criminal-procedure due-process evidence fourth-amendment property-rights seizure sentencing standing Whether the court can compare Wilson's vagueness on an element to suggest possession with intent to sell and deliver
20-1586 Artavis Desmond McGowan v. United States Eleventh Circuit 2021-05-14 Denied Response Waived conspiracy constructive-amendment criminal-procedure drug-conviction evidence first-step-act mandatory-minimum sentencing sentencing-relief wiretap wiretap-evidence Whether the district court erred in denying the defendant's motion for a new trial based on a constructive amendment of the indictment
20-7967 Nikolay Vladimirov Sloboda v. Mike Obenland, Superintendent, Monroe Correctional Complex Ninth Circuit 2021-05-11 Denied IFP appeals constitutional-provisions criminal-procedure due-process evidence jurisdiction racial-bias sentencing statutory-provisions writ why-wasn't-the-dna-evidence-tested
20-7978 Todd Alan Winkler v. California California 2021-05-10 Denied Response WaivedIFP constitutional-rights criminal-trial due-process evidence fourteenth-amendment fundamental-fairness inflammatory-propensity propensity-evidence Did the California Court of Appeal err in concluding that inflammatory-propensity-evidence,pervasively-used,erroneously-admitted did not render the tr…
20-7953 Alena Aleykina v. United States Ninth Circuit 2021-05-07 Denied Response WaivedIFP criminal-intent due-process evidence expert-testimony fifth-amendment legal-separation prosecutorial-misconduct sixth-amendment Was it fair to affirm 18-U.S.C-1519-charge
20-7949 Terry Kent Holcomb, II v. Rick Whitten, Warden Tenth Circuit 2021-05-06 Denied IFP appeal constitutional-right due-process evidence evidentiary-ruling federal-court habeas-corpus probative-evidence section-2254 state-court tenth-circuit Did the Tenth Circuit err in holding that the admitted evidence at trial established the same probative facts as the rejected evidence, without determ…
20-7886 Shirl A. Stephen v. United States District of Columbia 2021-04-29 Denied Response WaivedIFP criminal-procedure due-process evidence fifth-amendment sentencing witness-impeachment Whether impeachment of a witness in a criminal trial under D.C. Code § 14-305 requires proof that the witness was actually sentenced for the prior con…
20-7845 Oscar Minaya v. United States Second Circuit 2021-04-26 Denied Response WaivedIFP 924(c) actual-innocence court-of-appeals criminal-conviction criminal-procedure due-process evidence section-924c statutory-interpretation yates-precedent yates-v-united-states Whether a court should consider evidence of the defendant's actual innocence of the charged offenses in evaluating error under Yates v. United States
20-1461 Jairo Acosta, Police Officer for the City of Los Banos v. Tan Lam, as Successor-in-Interest to Decedent Sonny Lam, aka Son Tung Lam Ninth Circuit 2021-04-19 Denied Response RequestedResponse WaivedRelisted (2) civil-rights due-process evidence officer-credibility plain-error police-use-of-force ptsd ptsd-evidence qualified-immunity reasonable-officer threat-assessment use-of-force Is it plain error to admit evidence of a police officer's remote PTSD diagnosis to challenge the officer's credibility and prove he was more likely to…
20-1451 Tracy Nixon v. General Motors Corporation Federal Circuit 2021-04-16 Rehearing Relisted (2) abuse-of-discretion civil-procedure due-process evidence judicial-review standing Whether the U.S. District Court erred in its decision adopting the Magistrate Judge's order
20-1460 Rolando Cruz, Jr. v. United States Third Circuit 2021-04-16 Dismissed Response Waived appellate-review conspiracy criminal-procedure evidence evidence-standard indictment indictment-variance rico-conspiracy third-circuit united-states-v-rowe Whether the Third Circuit erred in affirming RICO conspiracy convictions based on evidence of a different conspiracy than was charged
20-7752 Bralen Lamar Jordan v. Kathleen H. Sawyer, et al. Seventh Circuit 2021-04-14 Denied Response WaivedIFP bribery civil-procedure civil-rights document-misstatement due-process evidence judicial-misconduct legal-misconduct malicious-prosecution prosecutorial-misconduct Question not identified
20-7755 Wilbert James Veasey, Jr. v. United States Fifth Circuit 2021-04-14 Denied Response WaivedIFP civil-regulations constitutional-rights due-process evidence fact-finding fair-trial judicial-proceedings jury-instructions sixth-amendment Did the district court's jury instruction impermissibly impair and redirect the jury's considerations of the evidence by adding words from civil regul…
20-7756 Brandon Lamar Tademy v. Colorado Colorado 2021-04-14 Denied Response WaivedIFP constitutional-rights discovery due-process evidence sanctions spoliation Whether the district court erroneously denied the petitioner's motion to dismiss or impose other appropriate sanctions for destruction of evidence, in…
20-7765 Jared Andrew Martin v. California California 2021-04-14 Denied IFP civil-procedure constitutional-vagueness criminal-procedure criminal-statute culpability due-process evidence jury mens-rea standing statutory-interpretation Question not identified
20-7721 Shannon Demond Dotson v. Tunica-Biloxi Gaming Commission, et al. Fifth Circuit 2021-04-12 Denied IFP civil-procedure consent-extension-of-time due-process evidence federal-jurisdiction jurisdiction legal-standing service-of-process standing subject-matter-jurisdiction tribal-law Why the courts never acknowledged that the plaintiff never consented to the Defendant request for Extension of Time?
20-7691 Ernest Donald Washington v. Tammy Williams, Warden, et al. Fourth Circuit 2021-04-08 Denied IFP appeal civil-rights constitutional-claims criminal-procedure due-process evidence federal-jurisdiction habeas-corpus ineffective-assistance jurisdiction ninth-circuit procedural-default Whether the district court lacked subject matter jurisdiction to try the petitioner
20-7675 John G. Stroming v. United States Second Circuit 2021-04-07 Denied Response WaivedIFP age-gender-differences child-molestation criminal-procedure criminal-propensity evidence evidence-admissibility evidentiary-rules federal-law prior-convictions propensity victim-characteristics Whether prior convictions for crimes of child molestation can be admitted into evidence where — because of differences in the age and gender of the vi…
20-7600 Antonio Navarro v. California California 2021-03-30 Denied IFP confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment translation-evidence witness-testimony Whether the admission of a translation of a witness's statement made in anticipation of litigation without calling the translator at trial for cross-e…
20-7590 Billy Earl Parker v. Oklahoma Oklahoma 2021-03-29 Denied IFP burden-of-proof civil-liberties constitutional-rights criminal-procedure due-process equal-protection evidence habeas-corpus judicial-review legal-procedure statutory-interpretation Question not identified
20-7547 Saloman Martinez v. United States Sixth Circuit 2021-03-25 Denied Response WaivedIFP confrontation-clause constitutional-interpretation criminal-law criminal-procedure due-process evidence judicial-discretion kentucky-law sentencing-guidelines sixth-amendment standard-of-proof supreme-court-precedent Whether the defendant's conviction and sentence are in conflict with the Supreme Court's precedents in (1) Crawford v. Washington, 541 U.S. 36 (2004),…
20-1347 Selvin Eduardo Zecena-Valdez v. Nevada Nevada 2021-03-25 Denied confrontation-clause criminal-procedure due-process evidence evidence-admissibility fair-trial prior-bad-acts reverse-404(b) sexual-assault Whether the Supreme Court of Nevada's interpretation and application of Nevada Revised Statute (NRS) 48.045(2) deprived Mr. Zecena of his right to a f…
20-7549 Shane Arnold v. United States Ninth Circuit 2021-03-24 Denied IFP criminal-procedure defense district-court due-process evidence evidence-introduction knowledge-of-status plain-error rehaif-standard Rehaif-v-United-States trial-error Whether a defendant satisfies the final two prongs of plain-error review for a Rehaif-v-United-States trial error
20-7529 Brian E. Moore v. United States District of Columbia 2021-03-23 Denied Response WaivedIFP appeal attorney-client-privilege criminal-intent evidence obstruction threats Are mere statements of intent to commit a crime made in the course of an attorney-client representation protected by the attorney-client privilege?
20-7422 Antuan V. Little v. Dan Cromwell Seventh Circuit 2021-03-11 Denied Response WaivedIFP 5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence evidentiary-standards legal-reliability witness-testimony whether-the-witness's-statements-and-testimony-were-unreliable-due-to-coercion
20-7428 Aldo Marones v. Aaron D. Ford, Attorney General of Nevada, et al. Ninth Circuit 2021-03-11 Denied Response WaivedIFP appeal civil-rights due-process evidence firearms sentencing Whether the sentencing court erred in imposing a 100-year sentence for a weapons-related conviction
20-7432 Kevin Leon Lucien v. Texas Texas 2021-03-11 Denied IFP 14th-amendment criminal-procedure due-process evidence evidence-admissibility federal-law federal-preemption prosecutorial-discretion state-law Whether a state's own articles of law can supercede federal law to further prosecute a defendant in regards to admissable and inadmissable evidence th…
20-7433 Randy Philip Chaudron v. Texas Texas 2021-03-11 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence identification law-enforcement-misconduct photo-lineup police-conduct witness-identification Whether the Due Process Clause was violated when the trial court allowed evidence, knowing that law enforcement broke the procedure of Art. 320 CP pho…
20-7353 Fivea Sharipoff v. Rob Persson, Superintendent, Coffee Creek Correctional Institution Ninth Circuit 2021-03-08 Denied IFP collateral-review constitutional-rights criminal-trial due-process evidence habeas-corpus jury meaningful-defense non-unanimous-jury retroactivity sixth-amendment Whether the trial court violated the petitioner's right to present a complete defense
20-7343 Justin David Williams v. Utah Utah 2021-03-05 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence hearsay sixth-amendment standard-of-review witness-testimony Whether the court of appeals erred in its admission of the father's 911 call under the excited utterance exception to the hearsay rule
20-7320 Zbigniew Laskowski v. Washington State Department of Labor and Industries Washington 2021-03-03 Denied Response WaivedIFP administrative-law appellate-procedure appellate-review civil-rights de-novo-review due-process evidence judicial-findings prosecutorial-discretion standing statutory-interpretation Whether the appellate court must apply de novo review where the trial judge failed to make specific findings on the prosecution's justifications for o…
20-7171 Luis Javier Correa-Figueroa, aka Barney, aka Gordo v. United States First Circuit 2021-02-17 Denied Response WaivedIFP criminal-intent criminal-procedure district-court-ruling evidence evidence-exclusion federal-property intent motion-for-acquittal procedural-error self-defense use-of-force Whether the district court committed a procedural error in excluding evidence
20-7118 Terry Allen Miles v. United States Fifth Circuit 2021-02-11 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence fifth-amendment sentencing sentencing-procedure sixth-amendment Did the trial court violate the 5th and 6th Amendments to the Constitution of the United States in overruling Petitioner's objection to the inclusion …
20-7124 George Skylar Cloud v. United States Ninth Circuit 2021-02-11 Denied Response WaivedIFP criminal-procedure district-court-discretion evidence evidence-admission federal-charges federal-criminal-law firearm-discharge guilty-plea sentencing separation-of-powers Did the district court error when it allowed the government to introduce into evidence the Petitioner's guilty plea, in a separate pending matter, to …
20-1104 Irina Tesoriero v. Carnival Corporation, dba Carnival Cruise Line Eleventh Circuit 2021-02-11 Denied Response Waived adverse-inference circuit-split civil-procedure discovery evidence evidentiary-standard federal-courts legal-sanction sanctions spoliation spoliation-of-evidence Whether federal courts may grant an adverse inference as a sanction for negligent spoliation of evidence
20-1106 Jane Doe v. Harvard Pilgrim Health Care, Inc., et al. First Circuit 2021-02-11 Denied administrative-record circuit-split de-novo-review erisa-benefits evidence material-dispute standard-of-review summary-judgment Whether, on de novo consideration of an ERISA benefits claim, summary judgment must be denied if there is a genuine dispute of material fact
20-7114 Aesha Johnson v. United States Sixth Circuit 2021-02-11 Denied Response WaivedIFP co-defendant confrontation-clause constitutional-law constitutional-rights criminal-procedure evidence invited-error plea-agreement Does the admission of a non-testifying co-defendant's plea agreement implicating the defendant violate the Confrontation Clause?
20-7080 Jimmy Lloyd Alexander v. California California 2021-02-08 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-seizure fair-trial judicial-bias prosecutorial-misconduct Whether the petitioner's constitutional rights were violated due to prosecutorial misconduct, judicial bias, and improper admission of evidence
20-7087 Brian James Holland v. United States Eleventh Circuit 2021-02-08 Denied Response WaivedIFP 18-usc-2241 conviction criminal-law criminal-procedure evidence evidence-sufficiency force-definition statutory-interpretation witness-credibility What is the definition of the term 'force' under 18 U.S.C. § 2241?
20-7060 Charles Lee Mosier, Sr. v. Texas Texas 2021-02-05 Denied IFP collateral-proceedings constitutional-review constitutional-standards due-process evidence ineffective-assistance-counsel ineffective-assistance-of-counsel post-conviction-relief strickland-standard strickland-v-washington Does a state's initial-review post-conviction collateral proceedings meet constitutional standards when those proceedings fail to provide a prisoner t…
20-7027 Susanne Stephanie Nikola Kynast v. Florida Florida 2021-02-03 Denied IFP civil-rights custodia-legis due-process evidence evidence-custodian motion-to-suppress nolle-prosequi property property-seizure search-and-seizure writ-of-mandamus Is Petitioner entitled to the return of property taken as evidence without a warrant and held in custodia-legis subsequent to a motion-to-suppress in …
20-7033 Otto Edward Christofferson v. United States Fifth Circuit 2021-02-03 Denied Response WaivedIFP criminal-sentencing drug-offenses evidence judicial-review mandatory-minimums sentencing-guidelines Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decisions of this Court and other Circuits on an i…
20-1042 Pedro Hernandez v. New York New York 2021-01-29 Denied Response Waived constitutional-evidence criminal-procedure due-process evidence federal-rules-of-evidence holmes-precedent holmes-v-south-carolina relevance-standard third-party-guilt Whether the Constitution permits courts to subject evidence of third-party guilt to heightened relevance standards
20-6999 Kannha Bounchanh v. Washington State Health Care Authority, et al. Ninth Circuit 2021-01-29 Denied Response WaivedRelisted (2)IFP ada ada-adaa civil-rights due-process equal-protection evidence fourteenth-amendment judicial-discrimination Whether the panel of judges at the Ninth Circuit court have violated the petitioner's due-process, equal-protection, ada, civil-rights
20-6968 Kenton Lance Light v. Texas Texas 2021-01-28 Denied IFP abandonment automobile-exception evidence fourth-amendment methamphetamine probable-cause search-and-seizure Whether the Fourth Amendment was violated when police searched a container on the basis that Petitioner abandoned the item without any evidence that P…
20-6978 Chaka LeChar Castro v. United States Sixth Circuit 2021-01-28 Denied Response WaivedIFP criminal-law criminal-statute due-process ethnic-targeting evidence evidence-sufficiency hate-crime hate-crimes religious-discrimination sentencing sentencing-enhancement statutory-interpretation Whether sufficient evidence supported Petitioner's convictions under 18-U.S.C-924(c)
20-6931 Christopher Shawn Landreneau v. United States Fifth Circuit 2021-01-26 Denied Response WaivedRelisted (2)IFP burden-of-proof circuit-split criminal-procedure due-process evidence fifth-amendment presentence-report sentencing sentencing-guidelines Whether a district court may require a defendant to present his own evidence refuting a presentence investigation report's factual claims leading to a…
20-6936 Scott Tucker v. United States Second Circuit 2021-01-26 Denied Response WaivedIFP criminal-procedure due-process evidence jury-instructions mens-rea racketeering Whether the Court of Appeals has endorsed an inflexible rule that limits evidence of legal advice rendered to the defendant to the very inception of t…
20-6948 Beau Brandon Croghan v. United States Eighth Circuit 2021-01-26 Denied IFP 8th-circuit child-pornography criminal-intent criminal-law eighth-circuit evidence evidence-retention knowingly-receives mens-rea statutory-interpretation website-viewing Whether the Eighth Circuit erred by holding that a defendant knowingly receives child pornography by viewing it on a website, even without any evidenc…
20-6922 Melvin Bonnell v. Ohio Ohio 2021-01-25 Denied IFP brady-vs-maryland capital-punishment criminal-procedure due-process evidence prosecutorial-misconduct When a capitally sentenced defendant credibly demonstrates that state actors have continually exhibited bad-faith and the majority of evidence is lost…
20-6845 Tony Tran v. Wisconsin Wisconsin 2021-01-12 Denied Response WaivedIFP appeal confrontation-clause credibility criminal-procedure due-process evidence Whether the circuit Court erred where the court ruled that Tran could not elicit evidence to attack the credibility of Tran's accuser
20-6777 James Baxton v. United States Fourth Circuit 2021-01-05 Denied Response WaivedIFP conspiracy criminal-evidence criminal-law criminal-procedure district-court due-process evidence fourth-circuit rico rico-conspiracy sentencing sentencing-guidelines Whether the Government produced sufficient evidence to prove beyond a reasonable doubt that the Petitioner's actions were part of a Rico Conspiracy
20-6760 Adam Lee Thomas v. Texas Texas 2021-01-04 Denied IFP civil-procedure criminal-procedure due-process evidence extraneous-offenses innocence-phase judicial-interpretation legal-error state-court texas-rules texas-rules-of-evidence whether the weal Court erroneously admitted evidence of extraneous offenses or acts of miscanduct allegedly Committed by Petitioner luring the gui inn…
20-6741 Peter J. McDaniels v. Kathleen Preito, et al. Ninth Circuit 2020-12-31 Denied Response WaivedIFP burden-of-proof civil-rights constitutional-rights document-request due-process evidence evidence-withholding legal-discovery spoliation state-officials summary-judgment Does spoliation shift the burden of proof in a summary judgment motion?
20-6748 Edward David v. Eloy Ituarte, et al. Ninth Circuit 2020-12-31 Denied Response WaivedIFP 6th-amendment confrontation-clause criminal-procedure due-process evidence witness Whether the Sixth Amendment Confrontation Clause was violated
20-6718 Jason J. Johnson v. California California 2020-12-29 Denied IFP criminal-procedure due-process evidence evidentiary-rule judicial-discretion legal-standard newly-discovered-evidence post-conviction post-conviction-relief standards-of-review trial-procedure Under the 'newly discovered evidence rule' does not evidence discovered after conviction, such as evidence the movant could not have possibly discover…
20-6628 Rodane Lamb v. United States Eleventh Circuit 2020-12-15 Denied Response WaivedIFP conspiracy-charges criminal-procedure dea-testimony due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions jury-selection trial-errors Was counsel ineffective for not challenging issues
20-6615 Cornell McHenry v. Texas, et al. Fifth Circuit 2020-12-11 Denied IFP conflict-of-interest constitutional-law criminal-procedure due-process evidence habeas-corpus ineffective-assistance judicial-discretion prosecutorial-misconduct standard-of-review witness-testimony Did the 11th Circuit err in deferring to the State Court finding that Mr. McHenry was not prejudiced by trial counsel's conflict of interest and failu…
20-787 Preserve Responsible Shoreline Management, et al. v. City of Bainbridge Island, Washington, et al. Washington 2020-12-09 Denied Amici (2)Response Waived 14th-amendment administrative-law administrative-procedure constitutional-claims due-process evidence evidence-limitation fourteenth-amendment judicial-review standing Does it violate the Fourteenth Amendment's Due Process Clause for a state's judicial review statute to bar the introduction of evidence outside the ad…
20-6545 Michael Meadows v. United States Sixth Circuit 2020-12-07 Denied Response WaivedIFP criminal-procedure cumulative-error-doctrine drug-enforcement drug-profile-testimony due-process evidence expert-testimony judicial-procedure legal-admissibility trial-evidence trial-practice Does drug profile testimony have any legitimate use as trial evidence?
20-6494 Jose Andres Vera-Gutierrez v. United States Eighth Circuit 2020-12-01 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure due-process evidence evidentiary-error harmless-error witness-credibility Whether erroneously admitted evidence critical to proving an element of the charged offense can be deemed harmless based on the appellate court's dete…
20-6468 Kinzey Shaw v. United States Eighth Circuit 2020-11-30 Denied Response WaivedIFP appellate-review criminal-procedure drug-quantity evidence sentencing standard-of-review Whether there was sufficient foundation to support the District Court's drug quantity approximation?
20-736 Adam Frasch v. Florida Florida 2020-11-27 Denied Response Waived appeals brady-v-maryland brady-violation criminal-defendant criminal-procedure discovery due-process evidence evidence-disclosure evidentiary-hearing prosecutorial-misconduct Whether a criminal defendant is entitled to an evidentiary hearing to determine if a violation has occurred pursuant to Brady v. Maryland, 373 U.S. 83…
20-6440 Benjamin K. Toscano v. Nancy Adam, et al. Ninth Circuit 2020-11-25 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights due-process evidence evidence-suppression judicial-misconduct legal-fabrication medical-negligence medical-treatment pain-and-suffering procedural-due-process spinal-injury Does respondent have the right to submit fabricated documents?
20-715 Jibriil A. Hersi v. Ed Sheldon, Warden Sixth Circuit 2020-11-24 Denied Response Waived criminal-procedure due-process evidence jury-authorization jury-trial police-conduct police-misconduct prosecutorial-discretion right-to-counsel trial-records whether-i-am-entitled-to-get-the-missing-records
20-6404 Henry T. Liggins v. Bob Vashaw, Warden Sixth Circuit 2020-11-23 Denied Relisted (2)IFP appellate-procedure civil-rights constitutional-rights criminal-procedure due-process evidence fourth-amendment ineffective-assistance-of-counsel judicial-review legal-standing statutory-interpretation Whether the petitioner's constitutional rights were violated due to the alleged misconduct of the court and prosecution during his criminal trial
20-6342 Pedro Gutierrez v. United States Fourth Circuit 2020-11-16 Denied Response WaivedIFP civil-procedure criminal-procedure due-process evidence fifth-amendment general-verdict judgment-of-acquittal rico rico-case special-verdict Whether a RICO 'Gang' Case Certified as Complex Should Require the Use of a Special Verdict Form Rather Than a General Verdict Form
20-6343 Ashley Fernandes v. Massachusetts Massachusetts 2020-11-16 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-devices digital-search-warrant electronic-evidence evidence fourth-amendment general-warrants probable-cause search-and-seizure search-warrant Whether a search warrant can authorize an unlimited search of all of a suspect's digital devices based on an affidavit describing the type of crime be…
20-6296 David Lague v. United States Ninth Circuit 2020-11-13 Denied IFP burden-of-proof civil-procedure evidence evidence-admissibility intent prior-acts rule-404(b) rule-404b statistical-comparison statistics unlawful-acts unlawful-intent Whether data about a defendant's other acts are admissible under Rule 404(b) to show unlawful intent based only on comparisons or statistics, without …
20-637 Darrell Hemphill v. New York New York 2020-11-10 Judgment Issued Amici (14)Response RequestedResponse WaivedRelisted (3) confrontation-clause constitutional-rights criminal-procedure evidence evidence-law hearsay-exception right-to-confrontation testimonial-hearsay trial-strategy Whether, or under what circumstances, a criminal defendant who opens the door to responsive evidence also forfeits his right to exclude evidence other…
20-6257 Finnis Davis, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-11-09 Denied IFP appeal constitutional-rights criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel medical-records murder-evidence Whether the state presented sufficient evidence to convict Mr. Davis of attempted capital murder
20-6185 Bryan Lamar Brown v. United States Fourth Circuit 2020-11-03 Denied Response WaivedIFP bruton bruton-rule co-defendant-statement confrontation-clause constitutional-violation criminal-procedure due-process evidence harmless-error Does a statement facially incriminate a person for purposes of Bruton Confrontation Clause analysis when one defendant says that as a group they took …
20-6196 Mark Xavier Wallace v. United States Fourth Circuit 2020-11-03 Denied Response WaivedIFP confrontation-clause constitutional-challenge criminal-evidence criminal-procedure district-court-procedure due-process evidence fourth-circuit-review hearsay hearsay-testimony standard-of-review Whether the Fourth Circuit erred in admitting inadmissible and prejudicial hearsay testimony
20-6169 Tykei Garner v. United States Third Circuit 2020-10-30 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial drug-conviction due-process evidence interstate-commerce interstate-transportation prejudice third-circuit Whether the Third Circuit Court of Appeals erred in affirming the District Court's Decision
20-6138 Jerry Walker v. Wendy Kelley, Director, Arkansas Department of Correction Arkansas 2020-10-26 Denied Response WaivedRelisted (2)IFP 6th-amendment civil-rights confrontation-clause constitutional-challenge criminal-procedure declaratory-judgment due-process evidence procedural-error sixth-amendment Whether the petitioner was denied due process in his criminal trial
20-500 Berlinda A. Madden v. Megan J. Brennan, Postmaster General Sixth Circuit 2020-10-16 Denied Response Waived civil-procedure eeoc-complaint employment-discrimination employment-law evidence material-fact retaliation summary-judgment union-president Whether a sworn affidavit of the Union President that company officials acted in retaliation for having filed an EEO complaint is a genuine issue of m…
20-502 Ken Mascara, in His Official Capacity as Sheriff of St. Lucie County, Florida, et al. v. Viola Bryant, as Personal Representative of the Estate of Gregory Vaughn Hill, Jr. Eleventh Circuit 2020-10-16 Denied civil-police-liability civil-rights due-process evidence evidence-admissibility harmless-error judicial-review police-liability probation probationary-status rules-of-evidence standard-of-review Whether the Court should adopt a more flexible standard of admissibility of evidence than Huddleston v. U.S. under Rules 403 and 404(b) in civil polic…
20-6053 Dieter Riechmann v. Florida Department of Corrections, et al. Eleventh Circuit 2020-10-16 Denied IFP 28-usc-2254 appellate-standard circuit-split evidence evidence-review federal-courts federal-review habeas-corpus standard-of-review state-court-determination statutory-interpretation Is a state court's conclusion that evidence not presented at trial was cumulative of other evidence before the jury a 'determination of the facts' tha…
20-5974 Quordalis V. Sanders v. Brian Foster, Warden Seventh Circuit 2020-10-09 Dismissed Relisted (2)IFP civil-rights criminal-procedure due-process equal-protection evidence sentencing Whether the Wisconsin Court of Appeals erred in affirming the conviction of the petitioner despite the state's failure to prove the essential element …
20-458 Michael B. Brown v. Department of Labor Eleventh Circuit 2020-10-08 Denied Response WaivedRelisted (2) administrative-law civil-procedure deposition-modification evidence factual-finding federal-rules-of-civil-procedure petition-for-review regulatory-compliance sarbanes-oxley whistleblower-protection Whether a judge's change of a party's transcribed deposition is an appropriate factual finding, conclusion, and decision
20-5957 Darius Taurean Caldwell v. United States Eleventh Circuit 2020-10-08 Denied Response WaivedIFP burden-of-proof civil-rights criminal-procedure due-process evidence sentencing Why was the accused Andrey Paneer described with code names and not have his real name used?
20-5944 In Re Gerald M. Calmese 2020-10-07 Denied IFP constitutional-rights conviction criminal-procedure due-process effective-counsel evidence fourteenth-amendment habeas-corpus identity-theft jurisdiction sixth-amendment Whether the evidence presented failed to establish the required element of 'another person,' for which the plaintiff was convicted of taking their ide…
20-430 Justin Marques Henning v. United States Ninth Circuit 2020-10-05 Denied Response WaivedRelisted (3) appellate-review circuit-split criminal-conviction criminal-procedure due-process equipoise-rule evidence mere-presence Whether a criminal defendant may be convicted based solely on evidence of his mere presence near the scene of the crime, without any evidence that the…
20-432 S. O., et al. v. District of Columbia District of Columbia 2020-10-05 Denied Response WaivedRelisted (2) civil-neglect civil-procedure civil-rights constitutional-protections due-process evidence fabricated-evidence fifth-amendment perjured-testimony perjury standing Whether the Fifth Amendment prohibits the District of Columbia's use of fabricated evidence and perjured testimony in a civil child neglect proceeding…
20-5909 David Conerly v. United States Ninth Circuit 2020-10-05 Denied Response WaivedRelisted (2)IFP appellate-review criminal-procedure district-court evidence evidence-review judicial-review ninth-circuit sentencing sentencing-guidelines standard-of-review Did the Ninth Circuit err by mining the district record to uphold an upward adjustment to petitioner's offense level under the Sentencing Guidelines?
20-5866 Shawn Kristi Dicken v. Shawn Brewer, Warden Sixth Circuit 2020-10-01 Denied Response WaivedIFP brady-material brady-v-maryland constitutional-amendments criminal-procedure discovery due-process evidence exculpatory-evidence expert-testimony prosecutorial-misconduct Was petitioner denied discovery pursuant to Brady v. Maryland 373 U.S. 83 violating her V, VI and XIV Const. Amends.?
20-5870 Demarcus Clark v. Darrel Vannoy, Warden Fifth Circuit 2020-10-01 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure dna-analysis due-process evidence expert-testimony sixth-amendment Did the State's admission of the ill-court testimony and OWA report of a Surrogate DWA analyst in lieu of the actual testing DWA analyst and DWA repor…
20-5875 Terrence D. Marsh v. United States Fourth Circuit 2020-10-01 Denied Response WaivedIFP 18-usc-924c 6th-amendment criminal-procedure defense-right evidence firearm-prosecution firearms rosemond-precedent rosemond-v-united-states section-924c sixth-amendment statements-against-interest Whether the Court violated Rosemond v. United States, 572 U.S. 65 (2014), when finding Marsh had advance knowledge of the presence of a firearm in his…
20-5879 Michael Matthew Phillips v. United States Fourth Circuit 2020-10-01 Denied Response WaivedIFP 4th-amendment constructive-possession criminal-law criminal-procedure evidence felon-in-possession firearm-evidence rule-404b rules-of-evidence witness-testimony Whether evidence that a defendant walked with a person to a public place where the other person retrieved a firearm is sufficient to show that the def…
20-5784 Cedric Jeffries v. Ohio Ohio 2020-09-24 Denied IFP complaining-witness confrontation confrontation-clause constitutional-rights due-process evidence prior-sexual-assault rape-shield-law sexual-assault witness-testimony Does a State rape-shield law violate the Constitutional rights to confrontation and due process?
20-5765 Daniel F. Borden, Sr. v. Gary Swarthout, Warden Ninth Circuit 2020-09-23 Denied Response WaivedRelisted (2)IFP brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence exculpatory-evidence probable-cause prosecutorial-misconduct Whether exculpatory material evidence that would exonerate a person is required to be disclosed by the prosecution
20-5706 Mark Berg v. United States Tenth Circuit 2020-09-16 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure evidence evidence-review legal-determination standard-of-review suppression-hearing suppression-ruling When reviewing a suppression ruling on appeal, should the appellate court view the evidence in the light most favorable to the prevailing party or rev…
20-5727 Martez LaJuan Edwards v. United States Sixth Circuit 2020-09-16 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment jury probable-cause search-and-seizure standing Question not identified
20-5665 Nathaniel Marcus Gann v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2020-09-11 Denied IFP confrontation-clause constitutional-law criminal-procedure due-process evidence evidence-admissibility habeas-corpus testimonial-statements Is the admission of irrelevant or overtly prejudicial evidence a due process violation?
20-5623 Maksim Stefanyuk v. United States Eighth Circuit 2020-09-09 Denied Response WaivedRelisted (2)IFP brady-rule criminal-procedure due-process evidence evidence-destruction exculpatory-evidence government-misconduct spoliation trial-rights When a defendant's requested exculpatory evidence is destroyed by the government prior to trial, should the trial proceed?
20-294 Lamont Kortez Gaines v. United States Fourth Circuit 2020-09-08 Denied Response RequestedResponse WaivedRelisted (2) circuit-split crime-of-violence criminal-procedure due-process equipoise evidence evidence-standard hobbs-act motion-for-acquittal standard-of-review statutory-interpretation Whether a trial court must grant a motion for acquittal when, in viewing the evidence in the light most favorable to the prosecution, the evidence pro…
20-5600 Jason Lee Harris v. Arizona, et al. Ninth Circuit 2020-09-08 Denied IFP administrative-law civil-procedure court-procedure due-process evidence judicial-discretion judicial-review legal-rights relief-petition standing statutory-interpretation When Preponderance of the Evidence Suffices Inference and Courts Judicial Notice
20-5560 Briand Daniel Fechner v. United States Eighth Circuit 2020-09-03 Denied Response WaivedIFP child-pornography criminal-procedure due-process eighth-circuit evidence evidentiary-rules propensity-evidence prosecutorial-misconduct search-and-seizure sixth-circuit Whether the prosecution may introduce child pornography videos at trial that were not found on the defendant's devices, but found in an outside invest…
20-248 Irving F. Rounds, Jr. v. Charles Koch, et al. First Circuit 2020-08-31 Denied Relisted (2) 5th-amendment case-dismissal civil-procedure constitutional-rights due-process evidence fifth-amendment judicial-recusal procedural-fairness recusal standing Whether the lower courts deprived the petitioner of due process rights by failing to provide an opportunity to be heard, properly weigh the evidence, …
20-5536 Joseph Scott McKinney v. Louisiana Louisiana 2020-08-31 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-defense due-process evidence evidence-exclusion rape-shield rape-shield-law sixth-amendment Whether Louisiana's Rape Shield law and the lower courts' rulings contravened the defendant's Sixth Amendment confrontation right and due process at t…
20-221 Franqui Francisco Flores de Freitas v. United States Second Circuit 2020-08-25 Denied Response Waived aircraft-transportation conscious-avoidance controlled-substances criminal-defendant criminal-intent deliberate-steps evidence jury-instruction knowledge sentencing-guidelines Can a jury be instructed on conscious-avoidance,criminal-defendant,knowledge,evidence,deliberate-steps
20-200 Morgan McCoy v. Michael Bullock, et al. Ohio 2020-08-20 Denied 8th-amendment civil-procedure dismissal due-process evidence landlord-tenant-law prima-facie prima-facie-case racial-discrimination selective-enforcement standing Does pretrial court dismissing prima facie case before its evidence filing deadline constitute R.103(D) plain error in constitutional violation of due…
20-5407 Dominique Mack v. United States Second Circuit 2020-08-19 Denied Relisted (4)IFP confrontation-clause criminal-procedure cruel-and-unusual-punishment due-process evidence jailhouse-informant mandatory-minimum mandatory-sentencing plain-error sentencing statements-against-interest Whether the district court's admission of jailhouse informant testimony violated this Court's jurisprudence on statements against interest
20-5415 Gillman Roddy Long, aka Dave Gillman Long v. United States Eighth Circuit 2020-08-19 Denied Response WaivedIFP 5th-amendment appeal-review civil-rights criminal-procedure due-process evidence fifth-amendment habeas-corpus self-incrimination sixth-amendment Does an objection to the government's argument that a defendant 'had not denied the accusations against him' violate the Fifth Amendment?
20-5418 Danny Veloz, aka Maestro, aka Joil Rivera v. United States First Circuit 2020-08-19 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence evidence-review franks-hearing franks-v-delaware judicial-discretion probable-cause search-and-seizure search-warrant Whose evidence can a trial judge consider in making a Franks showing?
20-129 Muhanad Elfatih M. A. Badawi v. United States Ninth Circuit 2020-08-07 Denied Response Waived criminal-procedure due-process evidence fair-trial federal-rules-of-evidence foreign-terrorist-organization material-support old-chief old-chief-precedent rule-403 terrorism-evidence Whether graphic evidence of terrorism, admitted without the balancing test required by Fed. R. Evid. 403 and Old Chief v. United States, 519 U.S. 172,…
20-5299 Antonio Benson v. Tennessee Tennessee 2020-08-07 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process evidence jury-instruction jury-instructions self-defense Whether the ruling of the Tennessee Supreme Court violated Petitioner's due process protections
20-5258 Nikole Marie Hunter v. Government Employees Insurance Company Fourth Circuit 2020-08-05 Denied Response WaivedIFP anderson-v-liberty-lobby civil-procedure evidence evidence-interpretation expert-witness judicial-function procedural-rules standard-of-review summary-judgment supreme-court-precedent tolan-v-cotton Whether the District Court failed to review evidence and ignored expert witness testimony in conflict with Supreme Court precedent on summary judgment…
20-5233 Michael R. Burns v. United States First Circuit 2020-07-31 Rehearing Response WaivedRelisted (2)IFP civil-rights criminal-procedure dna-evidence dna-fabrication due-process evidence fingerprint-fabrication habeas-corpus newly-discovered-evidence post-conviction-relief Whether newly discovered evidence of DNA and fingerprint fabrication establishes a violation of due process and a basis for a new trial
20-5224 Kenneth Clark v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2020-07-30 Denied Response WaivedIFP actual-innocence aedpa circuit-split evidence federal-review habeas habeas-corpus judicial-standard reliability statute-of-limitations Must a habeas petitioner make a threshold showing of reliability before the reviewing court will consider the evidence in totality to determine whethe…
20-5204 Lyudmila Lerner v. Stanley Cowen California 2020-07-29 Denied IFP civil-procedure evidence expert-testimony expert-witness fact-witness medical-testimony procedural-rules treating-physician witness-designation Whether a treating physician can testify as a fact witness absent an expert designation
20-5208 William Monterial Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-07-29 Denied IFP burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidence identity identity-evidence procedural-default state-prosecution Whether the State sufficiently proved Petitioner's guilt when no contemporaneous identity evidence existed to link Petitioner as the perpetrator?
20-5149 Marcel Malachowski v. United States Second Circuit 2020-07-22 Denied Response WaivedIFP appellate-procedure civil-rights constitutional-review criminal-procedure due-process evidence judicial-misconduct judicial-review legal-claim objective-standard standing Question not identified
20-5115 Gerson Serrano-Ramirez v. United States Sixth Circuit 2020-07-21 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence evidence-rules federal-procedure gang-affiliation jury-instructions motion-to-sever sufficiency-of-evidence venue Whether the district court erred in its rulings that prevented the defendant from receiving a fair trial
20-5002 Gilberto Ayun-Flores v. United States Ninth Circuit 2020-07-09 Denied Response WaivedIFP criminal-law due-process evidence evidence-law general-intent intent-element mens-rea mental-disease mental-health Whether a defendant charged with a general intent offense may present evidence of mental disease to challenge the government's proof of the mens rea e…
20-5014 Darwin Josue Peralta v. North Carolina North Carolina 2020-07-09 Denied IFP appellate-review civil-rights criminal-procedure cross-examination due-process evidence jury-instructions legal-standards right-to-present-defense standard-of-review Whether the trial court erred and violated Mr. Pecoraro's rights to present a complete defense by prohibiting him from introducing Doris Murillo's and…
19-8923 Bryant Okeff Leggett v. United States Sixth Circuit 2020-07-08 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure drug-activity drug-house evidence judicial-discretion sentencing-enhancement sentencing-guidelines trial-court-error Whether the district court improperly applied a two-level enhancement for maintaining a drug house where there was no evidence that the defendant's pr…
19-8910 Trinity Rolando Cabezas-Montano v. United States Eleventh Circuit 2020-07-07 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence fifth-amendment miranda-rights post-arrest-statement pre-miranda-statement self-incrimination Whether the prosecution violates the Fifth Amendment to the United States Constitution when they use a Defendant's pre-Miranda, post-arrest statements…
19-8870 Daniel Vallejo Recio v. Rudy Vasquez, et al. Fifth Circuit 2020-07-01 Denied IFP 42-usc-1983 civil-procedure civil-rights constitutional-claim due-process evidence legal-relief procedural-dismissal standing witness witness-evidence Why was the claim dismissed?
19-8885 Juan Leonardo Cadenas-Urena v. United States Fifth Circuit 2020-07-01 Denied Response WaivedIFP controlled-substance criminal-procedure drug-manufacturing due-process evidence evidence-sufficiency jury-verdict premises-liability sentencing-guidelines sufficiency-of-evidence Did the panel err by holding that the evidence is sufficient to sustain the jury's guilty verdict?
19-8824 Keith Newton v. Alabama Alabama 2020-06-26 Denied Response WaivedIFP civil-rights due-process effective-counsel evidence jury-instructions statutory-interpretation Whether the Alabama courts have violated the constitutional rights of a defendant by denying effective counsel, allowing the prosecution to define the…
19-1421 Michael Wilford LaFlamme v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-06-25 Denied Relisted (2) 6th-amendment bias constitutional-rights criminal-procedure due-process evidence evidence-admission expert-testimony judicial-discretion jury-selection jury-selection-bias law-enforcement law-enforcement-bias trial-procedure voir-dire Was Petitioner Prejudiced When Several Prospective Jurors Withheld Crucial Information Pertaining To Employment As Law Enforcement When Asked During V…
19-8796 Gary Daniel Rodgers v. R. McIntyre, et al. Fifth Circuit 2020-06-24 Denied Relisted (2)IFP appellate-jurisdiction appellate-procedure civil-procedure court-filing due-process evidence legal-equivalence motion motion-to-release notice-of-appeal procedural-requirements Whether Petitioner's timely filed 'Motion and Order to Release Evidence' satisfies the requirements as a functional equivalent of a Notice of Appeal
19-8787 Wayne A. G. James v. United States Third Circuit 2020-06-23 Denied Response WaivedIFP attorney-objection circuit-split civil-procedure evidence evidence-admission forfeiture plain-error trial-record waiver Whether an otherwise silent trial record showing only that an attorney declined to object to the admission of evidence establishes forfeiture or waive…
19-8765 Tizazu F. Arega v. Lisa L. Sadler, Judge, et al. Ohio 2020-06-19 Denied IFP 14th-amendment conviction criminal-procedure due-process evidence judicial-review jury-instructions jury-misconduct legal-sufficiency sexual-intercourse trial-procedure verdict-validity Was the decision of the Supreme Court of Ohio contrary to clearly established federal law and the Supreme Court of the United States precedent of Cole…
19-8697 Shiron Deshane Davis v. Oklahoma Oklahoma 2020-06-18 Denied IFP appellate-review civil-procedure constitutional-law criminal-procedure evidence exclusionary-rule fourth-amendment judicial-review legal-jurisdiction search-and-seizure standing statutory-interpretation Whether the lower court erred in its application of the Fourth Amendment's exclusionary rule
19-8747 Robert Neil Coronado v. Amanda Stinson, Warden, et al. Tenth Circuit 2020-06-18 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment judicial-integrity search-and-seizure standing statutory-provisions Was a procedural due process violation committed by the Court of Appeals in failing to grant a rehearing on the probability of admission of evidence o…
19-1383 Michael Leidig, et al. v. BuzzFeed, Inc. Second Circuit 2020-06-16 Denied Response Waived burden-of-proof civil-rights credibility evidence evidentiary-standard falsity first-amendment free-press free-speech freedom-of-the-press libel media-defendant summary-judgment Does the First Amendment alter the weight to be accorded a libel plaintiff's evidence, rendering the plaintiff unable, by his or her sworn statement o…
19-8703 David Sosa-Baladron, et ux. v. United States Sixth Circuit 2020-06-15 Denied Response WaivedIFP criminal-procedure due-process evidence jury-instructions obstruction-of-justice sentencing-guidelines Whether the evidence was sufficient to support the jury's verdict on the substantive counts against Sosa, and whether the district court erred in appl…
19-1373 Ming Wei v. Pennsylvania Civil Service Commission Pennsylvania 2020-06-12 Denied administrative-law civil-rights constitutional-rights due-process employment employment-discrimination evidence fraud state-hearing Whether Wei's constitutional rights and due process rights were violated in the state proceedings
19-8672 Terry Bridges v. Illinois Illinois 2020-06-11 Denied IFP criminal-procedure due-process evidence evidentiary-rules murder-evidence prejudice prejudicial-testimony rehabilitation sentencing trial-court-discretion uncharged-crime Whether the trial court erred in permitting the State to introduce excessive evidence relating to the murder of Keith Sluggs of which Terry Bridges wa…
19-8643 Wallace Eugene Evatt, Jr. v. Michael Stephan, Warden Fourth Circuit 2020-06-09 Denied Response WaivedIFP brady-violation civil-rights criminal-procedure due-process evidence exculpatory-evidence judicial-misconduct prosecutorial-misconduct witness-testimony Whether the judge and prosecutor failed to disclose evidence related to the victim's suicidal tendencies and prior suicide attempts, in violation of B…
19-8608 Kison Robertson v. United States Eighth Circuit 2020-06-05 Denied Response WaivedIFP alternative-evidence appeals appellate-review civil-rights constitutional-rights criminal-procedure due-process evidence evidentiary-ruling judicial-misconduct standing trial-procedure How does the U.S. Court of Appeals hold the District Court Decision to be erroneous based on the evidence that was not proven to have occurred in the …
19-8627 Isaac Cardenas v. Texas Texas 2020-06-05 Denied IFP burden-of-proof circumstantial-evidence consciousness-of-guilt criminal-procedure due-process evidence inference inference-vs-speculation speculation Whether the state court violated the federal due process clause when it ventured into the realm of mere speculation when deciding an insufficiency of …
19-1327 Kris V. Zocco v. Wisconsin Wisconsin 2020-06-01 Denied Response Waived cell-phone-search cell-phone-searches cell-phones evidence evidence-search fourth-amendment general-warrant general-warrants particularity-requirement personal-computers probable-cause search-and-seizure warrant-requirement Is the Fourth Amendment's ban on general warrants violated by a warrant broadly authorizing search of the 'contents' of a cell phone for unspecified '…
19-8545 Duane Blake v. Florida Florida 2020-05-27 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process evidence expert-witness jury post-conviction-relief procedural-default Did the state of Florida violate due process by excluding an expert witness for the defense in an attempted murder trial
19-8533 Michael A. Lajeunesse v. Megan Anne Chambers, et al. Eighth Circuit 2020-05-23 Denied IFP brady-violation civil-rights civil-rights-statute constitutional-rights due-process evidence exculpatory-evidence judicial-notice prosecutorial-misconduct section-1983 standing Whether the petitioner can seek relief under 42 USC §1983, 1985, or 1986 for alleged conspiracy to withhold exculpatory evidence
19-8527 Rodney Douglas Eaves v. Colorado Department of Corrections, et al. Tenth Circuit 2020-05-22 Denied Response WaivedIFP 5th-amendment affidavit constitutional-rights court-procedure criminal-procedure due-process evidence fifth-amendment probable-cause waiver Whether the Fifth Amendment is violated when an unverified Complaint and Information is used in lieu of a probable cause hearing
19-8466 Branch William Niehouse v. Brigitte Amsberry Ninth Circuit 2020-05-14 Denied Response WaivedIFP criminal-law evidence force legal-sufficiency lost-and-found property-rights robbery robbery-evidence speculative-testimony trespass trespassing use-of-force Whether the evidence of robbery was legally sufficient when the only evidence of threatened use of force was speculation about sunglasses that may hav…
19-8468 Janice M. Shufford v. United States Sixth Circuit 2020-05-14 Denied Response WaivedIFP conspiracy-charges criminal-history due-process evidence evidentiary-exclusion fair-trial indictment-defects judicial-discretion prosecutorial-misconduct witness-credibility Did the court of appeals properly affirm the trial court's prohibition of the defense from adducing evidence of prosecution witnesses' criminal histor…
19-8420 Charles Wilson v. Wisconsin Wisconsin 2020-05-12 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process evidence evidentiary-ruling ineffective-assistance-of-counsel jury-instructions jury-selection prosecutorial-discretion trial-court-discretion witness-testimony Whether the trial court abused its discretion when it excluded several jurors for failing to follow the voir dire process
19-8407 Mauro Ramirez v. Florida Florida 2020-05-06 Denied Response WaivedIFP constitutional-rights criminal-procedure dna-testing due-process equal-protection evidence fair-trial forensic-evidence scientific-reliability Whether the State must establish the reliability and accuracy of the lab instrumentation used for electrophoresis and other preliminary DNA analyses b…
19-8399 Reshon Tolliver v. United States Sixth Circuit 2020-05-05 Denied Response WaivedIFP circuit-split criminal-law criminal-statute drug-payment drug-trafficking evidence federal-law money-laundering statutory-interpretation Whether mere payment for drugs constitutes sufficient evidence for a conviction under 18 U.S.C. § 1956?
19-1255 Renee Baker, Warden, et al. v. Jeff N. Rose Ninth Circuit 2020-04-30 Denied aedpa credibility criminal-procedure criminal-procedure-evidence-admissibility due-process evidence evidentiary-ruling habeas-corpus impeachment nevada-v-jackson ninth-circuit prior-acquittals state-court-review Whether the Ninth Circuit's decision violates AEDPA
19-8373 Frank Silva Roque v. Arizona Arizona 2020-04-29 Denied IFP appeals appellate-review civil-rights constitutional-rights criminal-procedure due-process evidence evidence-rules federal-law habeas-corpus standing Did the Arizona court err in upholding the state court's ruling contrary to federal law on a reasonable appeal of federal claims?
19-8380 Samory Azikiwe Monds v. United States Eighth Circuit 2020-04-29 Denied Response WaivedRelisted (2)IFP admissibility circuit-split controlled-substances criminal-procedure evidence evidence-rule federal-rule prior-bad-acts propensity-evidence Whether Federal Rule of Evidence 404(b) should be construed
19-8360 Juan C. Parra-Interian v. Mike Obenland Ninth Circuit 2020-04-26 Denied Response WaivedIFP civil-procedure constitutional-error criminal-procedure due-process evidence exculpatory-evidence harmless-error joinder-of-charges probable-cause standing witness witness-testimony Question not identified
19-8353 Curtis Stokes v. Indiana Indiana 2020-04-24 Denied Response WaivedIFP appellate-review constitutional-equal-protection criminal-procedure due-process equal-protection evidence ineffective-assistance-of-counsel post-conviction-relief strickland-standard sufficiency-of-evidence Does Indiana have an obligation to equally apply the federal constitution in the same factual scenario?
19-1236 Rachel Joanna Evens v. Timothy John Evens South Dakota 2020-04-20 Denied Response Waived terminating visitation without any consideration child-custody civil-procedure due-process evidence evidence-rules hearsay judicial-authority parental-rights parenting-coordinator sanctions What constitutes 'Due Process of Law? Can binding orders be implemented
19-8307 Jose Lopez v. Rollin Cook, Commissioner, Connecticut Department of Correction Connecticut 2020-04-19 Denied IFP civil-liberties civil-rights constitutional-law constitutional-rights due-process evidence evidence-tampering habeas-corpus judicial-misconduct Was due process followed per the Connecticut constitution?
19-8294 Roscoe Johnson v. Mississippi Mississippi 2020-04-18 Denied Response WaivedIFP abuse-allegations criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions motion-in-limine position-of-trust Whether Dohnson's Trial Counsel provided Constitutionally ineffective assistance of Trial Counsel
19-1230 Bobby Knight v. Chenega Security, Inc., et al. Fourth Circuit 2020-04-18 Denied Response Waived civil-procedure civil-rights contract-law dismissal due-process evidence motion-to-dismiss pro-se-litigation qui-tam qui-tam-action standard-of-review standing whistleblower-protection Did the court below fail to use an appropriate standard of review when granting all the dismissal motions without recognizing the petitioner's evidenc…
19-1213 Buck Leon Hammers v. United States Tenth Circuit 2020-04-14 Denied Response Waived conspiracy conspiracy-conviction-inferences-executive-positio criminal-conviction evidence evidence-standard exculpatory-evidence executive-position hearsay hearsay-exculpatory-evidence-chambers-v-mississipp inference judicial-review tenth-circuit Whether the Tenth Circuit improperly found sufficient evidence for Mr. Hammers to be convicted of conspiracy based solely upon inferences from his exe…
19-1214 Marty Friend v. Indiana Indiana 2020-04-14 Denied Amici (1) criminal-defendants criminal-procedure discovery due-process evidence medical-records privilege privileged-records psychotherapist-patient psychotherapist-privilege sixth-amendment witness-testimony Whether, and under what circumstances, criminal defendants' Sixth Amendment and Due Process rights entitle them to obtain witnesses' privileged treatm…
19-8253 Rudolph Churchill v. Pennsylvania Pennsylvania 2020-04-14 Denied IFP constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel Sixth Amendment-Ineffective-Assistance-of-Counsel
19-8217 Blake Jones v. McKee Foods Corporation Eighth Circuit 2020-04-09 Denied Response WaivedIFP burden-of-proof civil-procedure discovery evidence pleadings summary-judgment Whether a defendant may ignore evidence provided through interrogatories, depositions, and motions for the purpose of summary judgment and have the wo…
19-8231 Juvenile Male v. United States Second Circuit 2020-04-09 Denied Response WaivedIFP criminal-procedure due-process evidence juvenile-justice juvenile-transfer prosecutorial-discretion rehabilitation sentencing transfer-hearing Whether the refusal of the United States Attorney to detail the defendant's role in weighing his potential for rehabilitation in the interest of justi…
19-8200 Don Farley v. Carl Parson Tenth Circuit 2020-04-07 Denied IFP civil-procedure civil-rights due-process evidence evidence-exclusion first-amendment fourteenth-amendment free-speech witness-testimony Was Farley denied his First Amendment Right of Free Speech and Fourteenth Amendment of due process?
19-8205 In Re Jonathan E. Brunson 2020-04-07 Denied IFP brady-v-maryland civil-rights constitutional-rights criminal-procedure discovery due-process evidence exculpatory-evidence post-conviction prosecutorial-misconduct trial-review Whether [Mr. Brunson's] right to discover exculpatory evidence is still enforceable
19-1195 Adalberto Frickson Palacios-Solis v. United States Eleventh Circuit 2020-04-03 Denied case-in-chief criminal-defendant criminal-procedure due-process evidence evidence-of-guilt fifth-amendment miranda miranda-rights pre-miranda-silence self-incrimination Whether the prosecution violates the Fifth Amendment's Self-Incrimination Clause when it uses a criminal defendant's post-arrest, pre-Miranda silence …
19-8177 Christopher Kyle Keys v. Florida Florida 2020-04-02 Denied Response WaivedIFP 14th-amendment 6th-amendment cellular-phone-data character-evidence collateral-crimes criminal-procedure due-process evidence sixth-amendment trial-court-discretion warrantless-search Does the trial court abuse its discretion, within the confines of substantive and procedural due process in the U.S. Constitution's 6th and 14th Amend…
19-8127 Casey Rafael Tyler v. Erik A. Hooks, Warden Fourth Circuit 2020-03-27 Denied Response WaivedIFP civil-rights disciplinary-hearings documentary-evidence due-process evidence hearing-procedures prison-rights prisoners-rights video-surveillance wolff-v-mcdonnell Did the Wolff right to present documentary evidence encompass the right to present video evidence?
19-1172 Mark Targowski v. Zachary Lee Rawlins Eighth Circuit 2020-03-27 Denied Response Waived 8th-circuit civil-procedure civil-rights direct-appeal due-process evidence evidence-standard jury per-curiam reasonable-jury standing verdict writ-of-certiorari Whether no reasonable jury could have reached the same verdict based on the evidence submitted.
19-8106 Salvador Arteaga Aragon v. United States Ninth Circuit 2020-03-26 Denied Response WaivedIFP appellate-review conspiracy court-of-appeals criminal-conviction criminal-law due-process evidence evidence-sufficiency judicial-review petitioner standard-of-review Whether the court of appeals erred in finding sufficient evidence to sustain petitioner's conspiracy conviction
19-8040 Jerry Meas v. Osvaldo Vidal, Superintendent, Souza-Baranowski Correctional Center, et al. First Circuit 2020-03-19 Denied Response WaivedIFP certificate-of-appealability confrontation confrontation-clause credibility criminal-procedure cross-examination due-process evidence habeas-corpus judicial-discretion sixth-amendment sixth-amendment-confrontation witness-credibility Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cross-e…
19-8025 Kwasi McKinney v. Arkansas Arkansas 2020-03-18 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression harmless-error involuntary-statement miranda-rights search-and-seizure search-warrant Whether the Arkansas Court of Appeals erred in finding that the admission of an allegedly involuntary statement was harmless error
19-8021 Henry L. Jackson v. Utah, et al. Tenth Circuit 2020-03-17 Denied Response WaivedIFP destruction-of-evidence due-process equal-protection evidence evidence-destruction fair-trial fourteenth-amendment jury-selection peremptory-challenge vehicle Whether the state violated petitioner's Fourteenth Amendment right to due process and a fair trial when it released petitioner's vehicle to the lienho…
19-7986 Wesley Scott Hamm v. United States Sixth Circuit 2020-03-16 Denied Response WaivedIFP bodily-injury conspiracy cooperation criminal-law-bodily-injury criminal-law-conspiracy criminal-law-cooperation criminal-law-sentencing criminal-law-withdrawal criminal-procedure criminal-procedure-acquittal drug-distribution due-process evidence judgment-of-acquittal law-enforcement-cooperation sentencing withdrawal Shouldn't a judgment of acquittal have been granted?
19-7987 Ashley R. Hambright v. United States Fifth Circuit 2020-03-16 Denied Response WaivedIFP criminal-procedure driving-while-intoxicated due-process dui evidence evidence-sufficiency federal-appeals intoxication magistrate-review military-jurisdiction stare-decisis sufficiency-of-evidence Whether the Fifth Circuit erred in affirming the DWI conviction by relying on an incorrect statement of the law on causation and failing to evaluate t…
19-7982 Alex Penland v. Ohio Ohio 2020-03-13 Denied IFP abuse-of-discretion criminal-conviction criminal-procedure due-process evidence false-testimony habeas-corpus judicial-fraud legal-remedy post-conviction-relief prosecutorial-misconduct trial-court-discretion Does the trial court abuse its discretion when it failed to entertain Penland's claim that his conviction was tainted by fraud when the prosecutor kno…
19-7988 Junior Jean Baptiste v. United States Eleventh Circuit 2020-03-13 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure criminal-trial due-process evidence harmless-error hearsay hearsay-standard standard-of-review Where hearsay, consisting of an inculpatory, out-of-court statement made other than to law enforcement, is erroneously introduced to the defendant's p…
19-7957 Damar D. Ruffin v. United States Sixth Circuit 2020-03-12 Denied Response WaivedIFP appeals appellate-review controlled-substance controlled-substances criminal-procedure double-jeopardy due-process evidence evidence-law jury-instruction jury-trial reversible-error sentencing standard-of-review Whether the court of appeals committed reversible error in determining the amount of a controlled substance
19-7949 Kenneth Richard Devore v. United States Sixth Circuit 2020-03-10 Denied Response WaivedIFP abuse-of-public-trust criminal-law criminal-law,evidence,sentencing,fraud,public-trus evidence jurisdiction sentencing sophisticated-means Does sufficient evidence exist to support Mr. Devore's convictions for mail-fraud, theft-of-public-money, wire-fraud
19-7830 Pablo Antonio Pantaleon-Aviles v. United States Eleventh Circuit 2020-03-09 Denied Response WaivedIFP confrontation-clause criminal-procedure deportation deportation-warrant evidence illegal-reentry immigration immigration-law sixth-amendment Whether a warrant of deportation admitted to prove an essential element of the offense of illegal reentry is subject to confrontation under the Sixth …
19-7889 Walter Rosario-Colon v. Louisiana Louisiana 2020-03-06 Denied Response WaivedIFP criminal-conviction criminal-law criminal-procedure due-process evidence insufficient-evidence jury-instructions reasonable-jurist second-degree-murder self-defense Whether reasonable jurists would determine that Walter Rosario-Colon acted in self-defense when he struck Antonio Aguado, or whether there was insuffi…
19-7875 Byron Gay v. Scott Daffenbach, Warden, et al. Tenth Circuit 2020-03-05 Denied Response WaivedIFP civil-procedure court-procedure dna-testing evidence evidentiary-rules judicial-admission judicial-admissions legal-standards scientific-evidence standards Question not identified.
19-7853 Jaime Monzon-Silva v. United States Ninth Circuit 2020-03-03 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidence evidentiary-ruling fugitive judicial-discretion jury-evidence jury-instructions legal-standard trial-procedure Did the district court abuse its discretion by permitting a jury to hear evidence that Petitioner believed he was a 'wanted fugitive,' evidence that d…
19-7775 Rande Brian Isabella v. United States Tenth Circuit 2020-02-27 Denied Response WaivedIFP circuit-court-review circumstantial-evidence conflict-among-circuits criminal-liability criminal-procedure criminal-procedure-18-usc-2251a due-process evidence evidence-standard jackson-v-virginia judicial-procedure sexting statutory-interpretation substantial-step Whether the Tenth Circuit Court of Appeals erred in disregarding review of essential elements at 18 U.S.C.§2251(a) and relying solely on circumstantia…
19-7773 James Curtis Denton v. United States Fourth Circuit 2020-02-26 Denied Response WaivedIFP affidavits business-records confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay-exception sixth-amendment Whether the introduction of unconfronted affidavits establishing the foundation for admission of business records violates the Confrontation Clause of…
19-7769 Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-02-25 Denied IFP 6th-amendment competency competency-to-stand-trial constitutional-rights criminal-investigation criminal-procedure due-process evidence fair-trial fifth-amendment ineffective-assistance-of-counsel interrogation law-enforcement plea-bargaining prosecutorial-misconduct self-representation Whether the petitioner's 6th Amendment right to a fair trial was violated due to ineffective assistance of counsel, prosecutorial misconduct, and lack…
19-7735 Ronnie Kearby v. United States Fifth Circuit 2020-02-21 Denied Response WaivedIFP base-offense-level burden-of-proof drug-conspiracy drug-quantities drug-quantity due-process evidence federal-courts non-testifying-coconspirator non-testifying-informant preponderance-of-evidence Whether a court may accept a mere allegation of estimated drug quantities from a non-testifying coconspirator informant as satisfaction of the Governm…
19-7687 Miguel Palacios Plata v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-18 Denied IFP civil-rights court-of-criminal-appeals criminal-procedure discovery dna-evidence due-process evidence habeas-corpus innocence newly-discovered-evidence post-conviction-relief statutory-interpretation Whether the excluded evidence and jury prevented from seeing or considering this evidence should be considered newly discovered evidence for purposes …
19-1016 Jeffrey Kirsch v. Redwood Recovery Services, LLC, et al. Nevada 2020-02-14 Denied business-activities business-contacts civil-procedure deposition-sanction discovery due-process evidence evidence-preclusion nationwide-contacts personal-jurisdiction sanctions Did the District Court violate the Due Process Clause by barring Defendant-Petitioner from presenting any evidence in his defense at trial
19-7614 Jason Perry v. Richard Brown Seventh Circuit 2020-02-10 Denied Response WaivedIFP brady-rule civil-procedure civil-procedure-rules constitutional-rights criminal-procedure due-process evidence exculpatory-evidence habeas-corpus judicial-review standing state-court Whether the Courts violated Rule 2 (a) Governing Section 2Z84Y Cases?
19-7620 Bradley Campbell v. United States Fourth Circuit 2020-02-10 Denied Response WaivedIFP criminal-law criminal-procedure due-process evidence evidentiary-standard federal-jurisdiction interstate-commerce judgment-of-acquittal kidnapping motion-for-acquittal motion-to-dismiss Whether Petitioner's motion for judgment of acquittal on the kidnapping charge should have been granted where there was no evidence that Petitioner us…
19-7583 Tiffany R. Byrd v. Frederick Boutte, Warden Fifth Circuit 2020-02-07 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-preservation exculpatory-evidence ineffective-assistance-of-counsel judicial-search juror-bias jury-misconduct law-enforcement procedural-violations search-and-seizure Whether Tiffany R. Byrd #61935 was entitled to relief on an ineffective assistance of counsel claim based on trial counsel's failure to investigate an…
19-7587 Lannon Lavar Burdunice v. Minnesota Minnesota 2020-02-07 Denied Response WaivedIFP acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence Must my conviction for second degree intentional murder be vacated and a judgement of acquittal entered
19-7593 Young Yi v. United States Fourth Circuit 2020-02-07 Denied Response WaivedIFP brady-v-maryland brady-violation constitutional-rights criminal-procedure document-production due-process evidence exculpatory-evidence prosecutorial-misconduct restitution standard-of-review Whether the government violated its Brady obligations by producing voluminous documents without identifying one document as Brady material
19-7571 Richard Williams v. Tony Mays, Warden Tennessee 2020-02-05 Denied Response WaivedIFP burden-of-proof constitutional-law constitutional-standard criminal-procedure due-process evidence murder murder-investigation presumption statutory-interpretation statutory-presumption venue Whether the statutory presumption comports with the constitutional standard
19-7525 Gregory Joel Sitzmann v. United States District of Columbia 2020-02-03 Denied Response WaivedIFP conflict-of-laws conflict-with-other-courts-of-appeals conflict-with-supreme-court court-of-appeals criminal-procedure drug-smuggling evidence federal-sentencing foreign-drug-smuggling ineffective-assistance-of-counsel jurisdiction jurisdiction-over-evidence pro-se-petition prosecutorial-misconduct Whether the district court lacked jurisdiction over evidence of foreign drug smuggling and whether the United States Court of Appeals for the District…
19-7521 Elisha Paul Harley v. United States Ninth Circuit 2020-01-31 Denied Response WaivedIFP civil-procedure civil-rights due-process evidence evidence-admission free-speech judicial-discretion law-of-case law-of-the-case legal-review magistrate-judge magistrate-procedure racist-comments review standing Whether the magistrate judge erred in admitting evidence of racist comments attributed to the petitioner, in violation of the law of the case doctrine
19-7469 Olga Palamarchuk v. United States Ninth Circuit 2020-01-29 Denied IFP escobar evidence evidence-admissibility lender-conduct mail-fraud materiality materiality-standard ninth-circuit ninth-circuit-interpretation recipient-behavior supreme-court-precedent Whether the standard for materiality in a mail fraud case is determined by the likely behavior of the recipient of the alleged misrepresentations
19-7474 Rodney Banks v. California California 2020-01-29 Denied IFP 5th-amendment civil-rights deliberation due-process evidence jurisdiction police-misconduct standing Whether my Miranda rights were violated
19-7475 Douglas Edwin Ball, Jr. v. Michigan Michigan 2020-01-29 Denied IFP 14th-amendment appeal civil-rights conviction dna-evidence due-process evidence insufficient-evidence jury jury-instructions unanimous-verdict Whether the Fourteenth Amendment was violated because it is impossible to determine whether the verdict was unanimous where there is insufficient evid…
19-7489 Paul Edward Duran v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2020-01-29 Denied Response WaivedRelisted (2)IFP appellate-jurisdiction constitutional-provisions criminal-conviction criminal-procedure empirical-evidence evidence evidence-standard exclusionary-rule fourth-amendment illinois-v-krull judicial-review search-and-seizure standing statutory-provisions united-states-v-leon Whether the Circumstances regarding the Fourth Amendment Exclusionary Rule § 2010F not evolved around the obtaining, holding and exclusion of evidence…
19-7405 Francienna B. Grant v. Marshall L. Williams New Jersey 2020-01-27 Denied Relisted (2)IFP appellate-procedure civil-procedure civil-rights damages-denial due-process evidence ex-parte-evidence judicial-fairness legal-malpractice pro-se pro-se-litigation standing Whether a Pro Se litigant can prevail in a Legal malpractice case on liability after having suffered damages and be denied damages incurred
19-7377 Gerald Adger v. New York New York 2020-01-23 Denied Response WaivedIFP 6th-amendment appeal appellate-counsel conflict-of-interest criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-argument procedural-error right-to-counsel trial-counsel weight-of-evidence Was the appellate attorney ineffective assistance of counsel?
19-7390 Marshall Henry Ellis v. Oklahoma Oklahoma 2020-01-23 Denied IFP constitutional-rights criminal-procedure due-process evidence exculpatory-material fifth-amendment lesser-included-offense newly-discovered-evidence procedural-bar sentencing sixth-amendment Is a defendant serving Life for Murder I entitled to newly discovered exculpatory material when that material would make it more likely that the defen…
19-7357 Chris Fordham v. Corrections Officer Manzola, et al. Fourth Circuit 2020-01-22 Denied Response WaivedIFP administrative-law civil-procedure civil-rights due-process evidence exhaustion-doctrine exhaustion-of-remedies fourth-circuit judicial-procedure procedural-dismissal section-1983 standing Whether the USDC-EDAO erred in deciding that Plaintiff-Petitioner failed to exhaust and dismissing without prejudice Petitioner's § 1982 Complaint aft…
19-7332 Brian Dean King, Jr. v. United States Fifth Circuit 2020-01-17 Denied Response WaivedIFP appellate-review burden-of-production burden-of-proof criminal-procedure defendant-objection due-process evidence government-burden pre-sentence-report sentencing Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, …
19-7270 Hazhar A. Sayed v. Colorado Colorado 2020-01-15 Denied Response WaivedIFP dna-evidence due-process evidence exculpatory-evidence fourteenth-amendment ineffective-assistance-of-counsel procedural-due-process sexual-assault Whether the Due Process Clause of the Fourteenth Amendment provide Mr. Sayed with a procedural due process to have exculpatory (DNA) evidence tested
19-7294 Mohammed Kwaning v. United States Fourth Circuit 2020-01-15 Denied Response WaivedIFP apprendi civil-rights confrontation-clause constitutional-rights due-process evidence fair-trial hearsay hearsay-testimony judicial-error jury-trial material-evidence preponderance-of-evidence sentencing sentencing-enhancement Whether the Government officials conduct violated Petitioner's constitutional rights?
19-7296 In Re Gilbert M. Martinez 2020-01-15 Denied Response WaivedRelisted (2)IFP abuse-of-discretion administrative-discretion administrative-law disability-benefits due-process evidence gerd medical-evidence property-tax-exemption rheumatoid-arthritis social-security social-security-administration-discretion social-security-disability Did the Social Security Administration abuse its discretion holding that plaintiff is ineligible for Social Security disability benefits after claiman…
19-876 Fernando A. Ramirez v. Dave Hogue, et al. North Dakota 2020-01-15 Denied Relisted (2) civil-rights court-integrity document-fraud due-process evidence evidence-tampering fraud judicial-misconduct legal-procedure public-records spoliation Whether courts can ignore the modification and deletion of public and important documents such as 911 Call for Service records in order to sabotage a …
19-7255 Fernando Duran v. United States Tenth Circuit 2020-01-13 Denied Response WaivedIFP acknowledgment criminal-procedure drug-possession due-process evidence evidence-standard jury narcotics-law reasonable-doubt Does the due process clause's requirement of proof beyond a reasonable doubt obligate the government in a drug possession case to present evidence of …
19-7261 Gibron Lopez v. United States Second Circuit 2020-01-13 Denied Response WaivedIFP co-conspirator criminal-procedure criminal-relationship criminal-relationship-development evidence evidence-admissibility evidence-rule-404(b) hobbs-act inextricably-intertwined-evidence intimate-relationship narcotics-sales relationship rule-404(b) rule-404b sexual-relationship trust trust-relationship Where evidence of prior narcotics sales was introduced at trial to establish both a relationship of trust among co-conspirators, as well as how their …
19-7244 David Anson Alandt v. Arkansas Arkansas 2020-01-10 Denied IFP actual-innocence actual-innocence-claims constitutional-rights criminal-procedure due-process evidence evidence-withholding executive-clemency habeas-corpus newly-discovered-evidence post-conviction-appeal Whether Arkansas' criminal court system provides a remedy for claims of actual innocence based on newly discovered evidence
19-7228 Jerry Carter v. United States Eighth Circuit 2020-01-09 Denied Response WaivedRelisted (2)IFP chain-of-custody confidential-informant confrontation-clause criminal-procedure criminal-procedure-8th-amendment-confrontation-cla criminal-procedure-ineffective-assistance-of-couns eighth-circuit evidence harmless-error ineffective-assistance ineffective-assistance-of-counsel napue-violation strickland-standard Whether the Eighth Circuit erred in rejecting the Whether the Eighth Circuit Court of Appeals erred
19-7208 Gbenga Benson Ogundele v. United States Fourth Circuit 2020-01-08 Denied Response WaivedIFP chapman-standard confrontation-clause due-process evidence fair-trial federal-rule-of-evidence federal-rules-of-evidence government-evidence sixth-amendment Whether voluminous amounts of substantive evidence containing prejudicial opinions of government agents held to be erroneously admitted under Federal …
19-7212 Ronald Lee Alexander v. Texas Texas 2020-01-08 Denied IFP civil-procedure civil-rights due-process evidence habeas-corpus prison-litigation prisoner-rights standing Whether a Thomas prisoner has a right to an evidentiary hearing on a chain of custody claim
19-7213 Rodney Banks v. California California 2020-01-08 Denied IFP 4th-amendment 5th-amendment arrest constitutional-rights criminal-procedure due-process evidence fourth-amendment law-enforcement miranda-rights probable-cause search-and-seizure Whether the arresting officer failed to read the petitioner their Miranda rights and used the wrong evidence for deliberation
19-7138 Michael Blankenship v. United States Fourth Circuit 2020-01-06 Denied Response WaivedIFP clean-water-act criminal-procedure environmental-law evidence evidence-admissibility eyewitness-testimony fecal-coliform intent prejudice rule-404(b) rule-404b witness-testimony Whether a chart showing consistently high fecal coliform levels in a creek was relevant to show other potential sources of odors testified to by witne…
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
19-7151 Erick David Lopez v. United States Ninth Circuit 2020-01-03 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence evidence-admission fifth-amendment free-speech ninth-circuit prejudice rap-poem sixth-amendment Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w…
19-829 Chrimar Systems, Inc. v. Juniper Networks, Inc., et al. Federal Circuit 2019-12-31 Denied Response Waived administrative-procedure burden-of-proof due-process evidence inter-partes-review patent patent-challenge patent-law reply reply-evidence Did the Patent and Trademark Trial and Appeal Board violate 35-USC-312(a)(3) and 35-USC-316(a)(8)
19-7089 Jonathan Cruz-Ramirez v. United States Ninth Circuit 2019-12-30 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process evidence evidence-admission fifth-amendment first-amendment juvenile-evidence prejudice prejudicial-error sixth-amendment Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w…
19-7096 David Lee Smith v. Rick Jackson Fourth Circuit 2019-12-30 Denied Response WaivedRelisted (2)IFP civil-rights criminal-evidence criminal-procedure due-process evidence evidentiary-standard fingerprint fingerprint-analysis jury jury-confusion probable-cause standing wrongful-conviction Whether petitioner is entitled to a remand with instructions for the district court to order the case dismissed with prejudice because the prosecution…
19-7054 Philip Rogers v. Debbie Asuncion, Warden Ninth Circuit 2019-12-23 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure drug-use evidence foreseeability ineffective-assistance reasonable-doubt trial-strategy vehicular-homicide Did the failure to introduce evidence that the pedestrian had cocaine in her system render counsel's assistance constitutionally ineffective?
19-7055 In Re Charlene Rosa 2019-12-23 Denied IFP brady-v-maryland civil-rights constitutional-law criminal-procedure due-process equal-protection evidence fourth-amendment habeas-corpus ineffective-assistance-of-counsel search-and-seizure strickland-v-washington Whether the state court violated the defendant's constitutional rights by denying his claims of ineffective assistance of counsel, denial of due proce…
19-7027 Patrick T. Hughes v. Pennsylvania Pennsylvania 2019-12-20 Denied Response WaivedIFP accomplice-liability confrontation-clause criminal-conspiracy criminal-homicide due-process eighth-amendment evidence reasonable-doubt Whether the evidence was sufficient to sustain a conviction of criminal homicide, criminal conspiracy to commit homicide
19-7037 Shannon Bradley v. Thomas A. Cox, Jr. Georgia 2019-12-20 Denied Response WaivedIFP 4th-amendment arrest-procedure civil-rights constitutional-rights due-process evidence evidence-suppression exclusionary-rule jurisdiction probable-cause search-and-seizure trial-court-jurisdiction unlawful-search unlawful-seizure Whether the trial court lawfully obtained its jurisdiction to be heard?
19-7043 John A. Toth v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-20 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment abuse-of-discretion attenuation civil-rights constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance plea-bargaining police-conduct post-conviction-relief Whether police custodial interrogation on less than probable cause for arrest held violative of 18 U.S.C. §§ 241-242 and Petitioner's 4th Amendment ri…
19-7018 Scott Ray Bishop v. United States Tenth Circuit 2019-12-19 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process evidence expert-testimony personal-knowledge structural-error technical-element testimony Whether the exclusion of a defendant's testimony based on first-hand, personal knowledge of a technical element of the offense charged is structural e…
19-6961 Hernan Navarro v. United States Third Circuit 2019-12-17 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights district-court due-process equitable-relief evidence evidentiary-proceedings intellectual-predicate judicial-review precedent precedent-analysis standing statutory-interpretation Did the District court of The Virgin Islands contravene Binding precedents, holdings of Haein and Controlling Statutory Provisions, when they failed t…
19-6945 Kevin Dameron v. Illinois Illinois 2019-12-16 Denied Response WaivedIFP case-law civil-rights criminal-procedure due-process evidence eyewitness-identification judicial-review legal-error neil-v-biggers standing state-court-interpretation state-court-review supreme-court-precedent Whether the Illinois state court erred in its application of well-established United States Supreme Court precedent declared in Neil v. Biggers, 409 U…
19-6956 Thomas H. Outland v. New Jersey New Jersey 2019-12-16 Denied IFP confrontation-clause credibility criminal-defendant criminal-procedure criminal-procedure-impeachment due-process evidence evidence-rules fair-trial impeachment jury-instructions prior-convictions right-to-present-a-defense Did the New Jersey state court endorse the use of N.J.R.E. 806 to impeach non-testifying criminal defendants with their prior convictions
19-6911 Father v. Texas Department of Family and Protective Services Texas 2019-12-12 Denied IFP 14th-amendment appeal appellate-review burden-of-proof due-process evidence evidence-standard fourteenth-amendment texas-constitution Does Article V, Section 6 of the Texas Constitution violate Due Process Clause of the Fourteenth Amendment of the U.S. Constitution when its distincti…
19-6907 Robert Hendricks v. United States Second Circuit 2019-12-11 Denied Response WaivedIFP constitutional-error constitutional-rights criminal-procedure criminal-procedure-error criminal-trial due-process equal-protection evidence evidence-admission harmless-error racial-bias structural-error Isn't the erroneous admission of racially charged prejudicial evidence a structural error requiring automatic reversal or, at a minimum, one that requ…
19-6909 Efrain J. Rosa v. R. L. Rhodes, Warden Ninth Circuit 2019-12-11 Denied Response WaivedRelisted (2)IFP brady-v-maryland brady-violation conviction-reversal criminal-justice criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fifth-amendment government-misconduct prosecutorial-misconduct Has the government's suppression of exculpatory evidence violated due process under the Fifth Amendment?
19-6901 Alonso Barrera-Montes v. United States Eleventh Circuit 2019-12-10 Denied IFP appellate-review confrontation-clause criminal-procedure department-of-state due-process evidence evidence-admission hearsay hearsay-rule jurisdiction jury-trial Whether the court of appeals erred in upholding the admission of evidence that violated the hearsay rule and the defendant's confrontation rights
19-6805 Hajes Rabaia v. Gubir Grewal, Attorney General of New Jersey, et al. Third Circuit 2019-12-03 Denied IFP brady-disclosure brady-v-maryland constitutional-amendments criminal-procedure due-process evidence fourteenth-amendment judicial-review sixth-amendment supreme-court-precedent Does the holding of Brady v. Maryland apply to the petitioner?
19-6782 Adrienne Mallard v. Next Day Temps, et al. Virginia 2019-11-29 Denied Relisted (2)IFP administrative-law administrative-procedure appeal appeals civil-procedure court-appeal court-orders discovery document-withholding due-process evidence evidence-disclosure judicial-review workers-compensation Whether the Court of Appeals of Virginia erred in requesting all documents from the Virginia Workers' Compensation Commission on the petitioner's appe…
19-6737 Leonard L. Little, Jr. v. Florida Florida 2019-11-22 Denied Response WaivedIFP 4th-amendment appellate-review carpenter-v-united-states constitutional-interpretation criminal-procedure due-process evidence federal-law fourth-amendment-search-and-seizure jurisdiction legal-standards privacy search-and-seizure sixth-amendment-confrontation-clause standing supreme-court-precedent Did the Second District Court of Appeal apply federal law issued by the United States Supreme Court in a way that frustrates and undermines its holdin…
19-662 Thomas Sander v. City of Dickinson, North Dakota, et al. Eighth Circuit 2019-11-22 Denied Response Waived civil-procedure civil-rights de-novo-review district-court due-process evidence seventh-amendment summary-judgment trial-by-jury Whether a civil litigant's right to trial by jury is violated when a district court ignores the non-moving party's evidence and a court of appeals sum…
19-6731 Travell Henry v. Patrick Warren, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel investigation right-to-counsel self-incrimination sixth-amendment trial-strategy witness witness-testimony Was Mr. Henry's trial counsel, Patrick Nyenhus, failed to provide constitutionally effective assistance of counsel?
19-6676 Christopher G. Waguespack v. United States Fifth Circuit 2019-11-19 Denied Response WaivedIFP child-pornography computer-evidence computer-forensics confrontation-clause criminal-procedure cross-examination evidence law-enforcement sixth-amendment software-reliability Whether failing to call the law enforcement agent responsible for generating a computer report in the Government's case-in chief implicates the Sixth …
19-6682 Zhaopeng Chen v. United States Ninth Circuit 2019-11-19 Denied Response WaivedIFP circumstantial-evidence criminal-law criminal-procedure deliberate-ignorance due-process evidence farmer-v-brennan jury-instructions knowledge-element legal-standard mens-rea Whether the rule of Farmer v. Brennan should be extended to criminal cases involving the defendant's knowledge as an element of the offense and the go…
19-622 Thomas S. Bell v. Pennsylvania Pennsylvania 2019-11-15 Denied Response Waived blood-test criminal-procedure driving-under-influence driving-under-the-influence due-process evidence evidence-of-guilt fourth-amendment implied-consent search-and-seizure warrantless-search Whether a motorist's assertion of his Fourth Amendment right to refuse consent to a warrantless blood test may be used as evidence of guilt for the of…
19-6634 Kathryn Woodin Markle v. United States Fifth Circuit 2019-11-14 Denied Response WaivedIFP appellate-review burden-of-production burden-of-proof criminal-procedure defendant-rights due-process evidence government-burden pre-sentence-report sentencing sentencing-guidelines sentencing-objection Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, …
19-6610 Mario Alberto Rubi v. United States Ninth Circuit 2019-11-13 Denied Response WaivedIFP court-of-appeals criminal-procedure door-doctrine evidence expert-testimony fingerprint-evidence fingerprints open-door-doctrine open-the-door precedent standard-of-review unknowing-courier Whether the court of appeals erred in finding Mr. Rubi opened the door to expert testimony regarding unknowing couriers
19-6587 Jose Joel Helguera-Del Rio v. United States Ninth Circuit 2019-11-12 Denied Response WaivedIFP criminal-procedure evidence evidence-law fourth-amendment plain-view-doctrine probable-cause search-and-seizure traffic-stop Does an officer's seizure of an object only after crouching down, carefully examining it for several seconds, and obtaining another officer's second o…
19-6538 Levi Jermaine Griffin v. United States Eleventh Circuit 2019-11-07 Denied Response WaivedIFP burden-of-proof child-pornography criminal-indictment criminal-knowledge criminal-law criminal-procedure due-process evidence jury-instructions mens-rea possession-of-child-pornography reasonable-doubt statutory-elements Whether the evidence was insufficient to satisfy the government's burden to prove the element of knowledge as to the possession of child pornography c…
19-6524 Franklin Elliott Benson v. Aimee Smith, Warden Eleventh Circuit 2019-11-06 Denied Response WaivedIFP actus-reus civil-rights constitutional-rights corpus-delicti criminal-murder criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions standing venue venue-challenge Whether the element of 'causing the death' is an essential element of malice murder in Georgia under O.C.G.A. 16-5-1(a), and whether the burden was on…
19-6478 Abdul King Garba, et al. v. United States Ninth Circuit 2019-11-01 Denied Response WaivedIFP apprendi-standard apprendi-v-new-jersey criminal-procedure evidence expert-testimony jackson-v-virginia kumho-tire ninth-circuit restitution sufficiency-of-evidence sufficient-evidence supreme-court-precedent weight-vs-admissibility Whether the Ninth Circuit Memorandum conflicted with this Court's decisions (e.g., Kumho Tire) regarding whether unreliability of an expert's testimon…
19-572 Ravneet Singh v. United States Ninth Circuit 2019-10-31 Denied civil-procedure due-process evidence harmless-error jury jury-instructions standard-of-review standing sufficiency-of-evidence Whether, upon invalidating one of two alternative theories of liability presented to a jury, the reviewing court should ask if there is 'sufficient ev…
19-6427 Ray A. Smith v. John Chapdelaine, Warden, et al. Tenth Circuit 2019-10-31 Denied Relisted (2)IFP charging-document criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions professional-responsibility prosecutorial-misconduct standard-of-review sufficiency-of-evidence As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale fulfill their professional responsibilities and obligations…
19-6446 William L. Edwards v. Texas Texas 2019-10-30 Denied IFP civil-rights criminal-procedure due-process evidence exculpatory-evidence ineffective-assistance-of-counsel Why was Willian, Cdwards Neyerallewed +e present the Vl avidenco that eXonerates him te a yery :
19-6448 Garrett Dean Door, Sr. v. United States Ninth Circuit 2019-10-30 Denied Response WaivedIFP 1st-amendment. civil-procedure civil-rights due-process standing takings 14th-amendment civil-rights criminal-procedure due-process evidence liberty Whether the defendant was deprived of due process and liberty rights under the 14th Amendment by being denied the opportunity to present a defense to …
19-6403 Davin D. Crenshaw, aka Davon D. Crenshaw v. Texas Texas 2019-10-29 Denied IFP civil-rights criminal-procedure due-process evidence expert-testimony hearsay mental-health sexual-assault victim-impact Whether the statements made by the expert (SANE) beyond the scope of a SANE examination would be considered hearsay of the same examination from the S…
19-6422 Calvin Dunell Burns v. Florida Florida 2019-10-29 Denied IFP appeal appellate-review civil-rights competency constitutional-violations due-process evidence legal-procedure mental-competency mental-health standing trial-counsel trial-procedure Why did the First District Court of Appeals, State of Florida, not rule fairly on the merits of the issues in the Petitioner's Direct Appeal regarding…
19-6411 Tyler Joseph Barefield v. Arkansas Arkansas 2019-10-28 Denied Response WaivedIFP alternative-perpetrator alternative-perpetrator-evidence constitutional-law constitutional-rights criminal-evidence criminal-procedure due-process evidence right-to-defense right-to-present-defense state-evidentiary-requirements state-evidentiary-rules To what extent may a State restrict the ability of a defendant to present evidence tending to establish that another person committed the offense?
19-6362 Fernando Nunez v. Pennsylvania Pennsylvania 2019-10-25 Denied Response WaivedIFP brady-doctrine brady-v-maryland constitutional-rights criminal-procedure discovery due-diligence due-process evidence evidence-disclosure exculpatory-evidence prosecutorial-misconduct Are criminal defendants required to plead and prove their due diligence as an additional element under Brady v. Maryland, 373 U.S. 83 (1963), and its …
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?
19-6381 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
19-533 River Birch, Incorporated, et al. v. Waste Management of Louisiana, L.L.C. Fifth Circuit 2019-10-23 Denied Response Waived antitrust burden-of-proof circumstantial-evidence civil-procedure civil-rico evidence evidentiary-inference federal-rules federal-rules-of-civil-procedure matsushita-standard precedent rule-56 summary-judgment Whether the holding in Matsushita Electrical Industrial Co. v. Zenith Radio Corp. that 'ambiguous' circumstantial evidence does not support an inferen…
19-6351 Geoffrey Elkington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-10-23 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard state-court-deference trial-counsel Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner's trial attorney failing to enter i…
19-6322 Kelvin Miles v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-10-22 Denied Response WaivedIFP alleyne alleyne-vs-united-states apprendi confrontation confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-destruction fair-trial hearsay sentencing sentencing-enhancement sentencing-factors did-the-pre-trial-destruction-of-evidence-by-the-state-deny-the-petitioner-his-right-to-due-process-and-a-fair-trial
19-6333 Juan Gabriel Angulo-Cabrera v. United States Ninth Circuit 2019-10-22 Denied Response WaivedIFP codefendant criminal-procedure due-process effective-attorney evidence evidentiary-hearing false-accusations ineffective-assistance phone-records right-to-counsel sixth-amendment trial trial-counsel Whether the District and Appellate Courts erred in denying Defendant an evidentiary hearing on his claim of ineffective-assistance-of-counsel
19-6340 Jonathon William-Durand Neuhard v. United States Sixth Circuit 2019-10-22 Denied Response WaivedIFP comity criminal-procedure due-process evidence federalism integrity-of-state-proceedings statutory-construction statutory-construction-federal-question-due-proces statutory-interpretation Whether the federal court of appeals correctly found that the determination of whether a state adjudication qualifies as a prior conviction under 18 U…
19-6323 Michael Taffaro v. New Jersey New Jersey 2019-10-21 Denied Response WaivedIFP due-process evidence evidence-exclusion ineffective-assistance interests-of-justice judicial-review perjury perjury-claim post-conviction-relief procedural-default procedural-rules standing testimony witness-testimony Whether a decision affirming exclusion of evidence can be correct without addressing the unrefuted assertion that it was excluded on plainly erroneous…
19-499 Henry Posada v. United States Seventh Circuit 2019-10-18 Denied Response Waived appeals-court-error appellate-review clear-error criminal-procedure district-court-error evidence government-evidence government-surveillance healthcare-billing loss-amount loss-calculation medical-fraud patient-records sentencing standard-of-review Whether the court of appeals erred in determining that the district court did not clearly err in accepting the government's assertion that Mr. Posada …
19-6303 Jeffrey Jason Cooper v. United States Eleventh Circuit 2019-10-18 Denied Response WaivedIFP confrontation-clause due-process evidence fifth-amendment hearsay sixth-amendment witness-testimony Whether the lower Courts erred in allowing multiple hearsay statements of five alleged witnesses and other non-testifying witnesses whom did not testi…
19-6292 Malcolm Muhammad v. Y. Taylor, et al. Fourth Circuit 2019-10-17 Denied Response WaivedIFP civil-procedure civil-rights disciplinary-conviction district-court due-process evidence fourth-circuit good-time-credit hearing-rights jury-verdict liberty-interest parole retaliation standing Whether the Fourth Circuit erred in deferring to the District Court's findings
19-6294 Alexander Mattei v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure dna-evidence due-process evidence expert-testimony hearsay sixth-amendment surrogate-analyst testimonial-evidence testimonial-hearsay trial-procedure Whether there is ability to cross-examine a surrogate analyst at a jury trial who had used another's certified and testimonial DNA results ipse dixit,…
19-6297 Aleisha O. Gray v. United States Fifth Circuit 2019-10-17 Denied Response WaivedIFP alien-transportation conspiracy criminal-law criminal-procedure evidence immigration immigration-law obstruction-of-justice sentencing-guidelines sufficiency-of-evidence Is there insufficient evidence to warrant a finding of guilty for conspiracy to transport undocumented aliens and for transporting undocumented aliens…
19-471 Frederick Collins Fermin v. Priest of Saint Mary-Marfa, Texas, et al. Fifth Circuit 2019-10-10 Denied baptism civil-rights constitutional-law due-process evidence exodus fourteenth-amendment jesus-christ religious-freedom standing Were petitioner's civil rights violated upon being baptized illegally?
19-6244 Eugene Williams v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2019-10-10 Denied Response WaivedIFP administrative-law civil-procedure civil-rights constitutional-law discovery due-process evidence free-speech judicial-review legal-procedure standing statutory-interpretation Whether the U.S. District Court abused its discretion in dismissing the case, in violation of the petitioners' civil-rights, due-process, and free-spe…
19-456 John Buncich v. United States Seventh Circuit 2019-10-07 Denied Response Waived appellate-review chapman-error credibility credibility-assessment criminal-procedure due-process evidence evidentiary-standard harmless-error judicial-discretion rule-404(b) Where there is a finding of Chapman error, does the appellate court err by relying on its own assessment of the credibility of the defendant's testimo…
19-6166 Sean Lee Strandberg v. Carmen Denise Palmer, Warden Sixth Circuit 2019-10-07 Denied Response WaivedIFP civil-rights criminal-procedure defense-mechanism due-process evidence evidence-conflict judicial-proceedings polygraph polygraph-evidence presumed-land sixth-amendment sixth-circuit state-lien strickland-v-washington united-states-supreme-court washington-v-hovey Whether the Sixth Circuit's decision on the important matter of whether the prosecutor's use of polygraph evidence conflicts with or departs from acce…
19-6176 Christopher Harris v. United States Sixth Circuit 2019-10-07 Denied Response WaivedIFP criminal-law due-process evidence murder pecuniary-gain rico rico-enterprise sixth-circuit statutory-interpretation vcar vcar-offense Should a Writ of Certiorari Issue Because the Sixth Circuit Ignored the Uncontroverted Evidence and its own Analysis of the VCAR Motives to Conclude t…
19-6171 Jorge Sanchez-Rodriguez v. Louisiana Louisiana 2019-10-04 Denied IFP appeal appellate-review child-interview criminal-procedure due-process evidence insufficient-evidence judicial-error standard-of-review sufficiency-of-evidence trial-court-error witness-testimony Did the state appellate court and the Louisiana Supreme Court err in denying petitioner's appeal because the evidence presented at trial was insuffici…
19-6145 Anthony Mark Smith, Jr. v. Virginia Virginia 2019-10-03 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial hearsay precedent standard-of-proof victim-testimony Whether the Virginia Supreme Court and Court of Appeals erred in refusing to set aside the petitioner's conviction and sentence, which violated his ri…
19-6150 Chad M. Cutler v. Illinois Illinois 2019-10-03 Denied Response WaivedRelisted (2)IFP appellate-procedure civil-procedure civil-rights criminal-procedure due-process evidence evidentiary-rules expert-testimony hearsay hearsay-statements prosecutorial-misconduct standards-of-review supreme-court-conflict Whether the Illinois Appellate Court and Illinois Supreme Court erred in their rulings on the admissibility of hearsay statements, the proper standard…
19-6091 James L. Toney v. Heath Dickson, et al. Eighth Circuit 2019-10-01 Denied IFP civil-procedure civil-rights constitutional-review cover-up discovery due-process evidence fair-trial federal-habeas habeas-corpus ineffective-assistance marshals ncic procedural-default standing state-court-review Whether the exposure of cheating by the State of Arkansas and the concomitant collusion to cover up cheating evidence violates due process and the rig…
19-6103 Farid John Popal v. New York New York 2019-10-01 Denied IFP constitutional-rights criminal-procedure due-process evidence government-misconduct jurisdiction law-enforcement skype-testimony witness witness-coaching witness-testimony Whether law enforcement's coaching the witness violated petitioner's due process rights
19-6069 Kevin Dewitt Skaggs v. Ron Baker, Warden, et al. Tenth Circuit 2019-09-26 Denied IFP criminal-procedure criminal-procedure-sixth-amendment cumulative-analysis evidence expert-consultation expert-witness ineffective-assistance-of-counsel overwhelming-evidence pre-trial-investigation sixth-amendment strickland-standard strickland-v-washington trial-strategy Whether defense counsel performs unreasonably under the Sixth Amendment
19-6063 William Alexander v. New York New York 2019-09-25 Denied Response RequestedResponse WaivedRelisted (2)IFP chambers-v-mississippi confrontation-rights criminal-procedure due-process evidence evidence-admissibility eyewitness-testimony misidentification photographic-evidence Whether Chambers v. Mississippi, 410 U.S. 284 (1973), and its progeny require the admission of reliable photographic evidence of what an accused was w…
19-6064 Tommy Cole v. R. J. Rackley, Warden Ninth Circuit 2019-09-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence expert-testimony ineffective-assistance ineffective-assistance-of-counsel kelly-hearing sixth-amendment videographic-evidence Whether a Kelly hearing was required to test the reliability of the process used to create the videotape of still photographs originally recorded on a…
19-393 Estelle Stein v. United States Eleventh Circuit 2019-09-24 Denied Response Waived civil-procedure district-court due-process due-process-clause evidence evidence-submission federal-rules federal-rules-of-civil-procedure summary-judgment Does a party have a right under the Due Process Clause to file evidence in opposition to a motion for summary judgment?
19-6026 Roland Michael Simon v. California, et al. Ninth Circuit 2019-09-24 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence federal-jurisdiction federal-law-enforcement standing united-nations Whether the state court erred in denying the petitioner's request to expunge their criminal record
19-6051 Hezekiah Whitfield v. Deanna Brookhart, Warden Seventh Circuit 2019-09-24 Denied Response WaivedIFP corroborative-evidence criminal-procedure double-jeopardy due-process evidence evidence-restriction fourteenth-amendment sixth-amendment Whether Petitioner Made A Substantial Showing Of The Denial Of His Sixth And Fourteenth Amendment Due Process Rights
19-6030 Craig Elias v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-09-23 Denied Response WaivedIFP constitutional-claim due-process evidence evidence-promise ineffective-assistance ineffective-assistance-of-counsel legal-remedy sixth-amendment strickland-standard strickland-v-washington trial-counsel Does Strickland apply to ineffectiveness claims vis-a-vis trial counsel's broken promise to produce evidence?
19-6000 Kevin Kelley v. Illinois Illinois 2019-09-20 Denied IFP compulsory-process constitutional-rights criminal-procedure due-process evidence evidence-rules propensity-evidence sixth-amendment trial-court-error witness-testimony Whether the state trial court erred in admitting the testimony of two witnesses for the purpose of showing the defendant's propensity to commit the ch…
19-5993 Mabon Demetric James v. Marcus Pollard, Warden Ninth Circuit 2019-09-18 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence fourteenth-amendment insufficient-evidence robbery standing takings Was Mabon James convicted of the robbery of Marta Parfeta in violation of his Fourteenth Amendment due process rights despite constitutionally insuffi…
19-5994 Benjamin Justin Brownlee v. California California 2019-09-18 Denied IFP civil-procedure criminal-law criminal-procedure due-process evidence evidence-code-section-352 jury-instructions prior-acts-evidence prosecutorial-misconduct right-to-fair-trial robbery-charges sixth-amendment standing Whether the lower court erred in its rulings on the admissibility of evidence and jury instructions, resulting in prejudicial impact on the defendant'…
19-5970 Murad Razzaq v. Kansas Kansas 2019-09-17 Denied Response WaivedIFP criminal-evidence criminal-procedure defendant-rights due-process due-process-clause evidence evidentiary-rules prior-bad-acts prior-crimes propensity-evidence state-prosecution state-supreme-courts unrelated-crimes Does a state violate a defendant's due process rights by admitting evidence of a prior, unrelated crime to show his propensity to commit another crime…
19-5948 Maria Margarita Valdez-Araiza v. United States Ninth Circuit 2019-09-16 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review conflicting-evidence criminal-procedure-review evidence evidentiary-error harmless-error harmless-error-review judicial-precedent jury-factfinding sixth-amendment standard-of-review witness-credibility Is the Ninth Circuit's decision consistent with this Court's precedents?
19-5920 Michael Don Pogue v. Texas Texas 2019-09-12 Denied Response WaivedIFP criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel jury-instructions right-to-counsel sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated where trial counsel failed to investigate and present exculpatory ev…
19-5909 Blake Clinton Talman v. Florida Florida 2019-09-11 Denied Response WaivedIFP blood-draw criminal-procedure due-process evidence fourth-amendment fourth-amendment-violation good-faith-exception ineffective-assistance warrantless-search Whether the 'good faith' exception applies to a warrantless blood draw obtained in violation of the Fourth Amendment
19-5879 Timothy L. Joe v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-09-10 Denied Response WaivedIFP 6th-amendment cross-examination due-process evidence evidentiary-law impeachment impeachment-evidence ineffective-assistance-of-counsel opioid-addiction police-misconduct sixth-amendment Can Florida's evidentiary laws constitutionally preclude impeachment evidence of opioid-addicted police officers?
19-5895 Lavar Eady v. Massachusetts Massachusetts 2019-09-10 Denied Response WaivedIFP chemical-composition confrontation-clause criminal-procedure due-process evidence expert-testimony forensic-evidence lab-testing substitute-analyst testimonial-hearsay truth-of-the-matter Whether the Confrontation Clause prohibits a substitute state analyst from testifying at trial as to the composition of a seized substance obtained as…
19-5844 James Arthur Ross v. John Myrick, Superintendent, Two Rivers Correctional Institution, et al. Ninth Circuit 2019-09-09 Denied Response WaivedIFP 9th-circuit-ruling civil-procedure civil-rights constitutional-rights district-court-error due-process evidence expert-testimony precedent pro-se-litigant standing summary-judgment Did the District Court error in determining that a 9th Circuit Appellate ruling from almost two decades ago in Bahrampour v. Lampert, 356 F.3d 969, 97…
19-5876 Joachim Dressler v. Circuit Court of Wisconsin, Racine County Wisconsin 2019-09-09 Denied Response WaivedIFP censorship civil-rights content-seizure criminal-evidence criminal-procedure due-process evidence first-amendment free-speech freedman-v-maryland judicial-review prior-restraint procedural-safeguards southeastern-promotions-ltd-v-conrad Do this Court's First Amendment 'prior restraint' holdings that command 'strict procedural safeguards' designed to obviate the dangers of a freewheeli…
19-5855 Flenoid Greer v. Michigan Michigan 2019-09-06 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence evidence-suppression government-misconduct prosecutorial-misconduct public-officials standing state-officials Whether Michigan public officials failed to perform their duties and deprived petitioner of due process of law?
19-5832 Daniel G. Durain v. Florida Florida 2019-09-05 Denied Response WaivedIFP administrative-law criminal-procedure due-process endangered-species-act environmental-regulation evidence federal-agency-discretion habitat-conservation judicial-interpretation jury-instructions mens-rea premeditation reasonable-doubt Can motive be used to establish premeditation?
19-5806 John Bradham v. United States Eleventh Circuit 2019-09-04 Denied Response RequestedResponse WaivedRelisted (2)IFP confidential-informant confrontation-clause criminal-procedure drug-transaction due-process evidence evidence-admission sixth-amendment Whether the district court's erroneous admission of a video of an alleged drug-and-firearm transaction between the CI and the defendant violated the c…
19-279 Shirley Johnson v. New Destiny Christian Center Church, Inc., et al. Eleventh Circuit 2019-09-03 Denied advice-of-counsel civil-procedure civil-rights due-process evidence evidence-alteration evidence-tampering fourteenth-amendment judicial-misconduct malicious-prosecution probable-cause whether-due-process-clause-permits-judgment-to-stand-when-court-altered-evidence
19-5794 Dazzle Young v. Francisco J. Quintana, Warden Sixth Circuit 2019-09-03 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-tampering fifth-amendment fourteenth-amendment sentencing Whether Mr. Young's conviction violated due process and his Fifth and Fourteenth Amendment rights due to the use of tampered evidence
19-5761 Javon Laren Martin v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2019-08-30 Denied Response WaivedIFP 14th-amendment civil-rights due-process equal-protection evidence jury-selection mistrial peremptory-strike racial-discrimination Whether the court erred in allowing the prosecution to use a peremptory strike without a race-neutral basis
19-269 Harold A. Flores v. Entergy Nuclear Operations, Inc. Second Circuit 2019-08-29 Denied adverse-employment-action burden-of-proof civil-rights employment-discrimination employment-law evidence prima-facie-case quantum-of-evidence retaliation summary-judgment title-vii What quantum of evidence is sufficient to survive summary judgment on a Title VII retaliation claim?
19-5758 Peter J. Hanson v. Wisconsin Wisconsin 2019-08-29 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence hearsay out-of-court-statements sixth-amendment testimonial-evidence Whether out-of-court statements offered for purposes 'other than their truth' ever implicate the Sixth Amendment right to Confrontation?
19-246 Massood Jallali v. Florida Florida 2019-08-26 Denied Response Waived affirmative-defense brady-rule brady-violation-claim criminal-procedure discovery due-process evidence theory-of-innocence Whether the trial court's discovery rulings deprived petitioner of evidence under Brady that would support an affirmative defense and petitioner's the…
19-5606 Ndokley Peter Enow v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-08-23 Denied Response WaivedRelisted (2)IFP 4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment plea-bargaining probable-cause search-and-seizure sentencing standing Did the trial court err by admitting into evidence the illegally obtained wiretap recordings of the defendant's phone conversations with an undercover…
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
19-201 Roger S. Hanson v. Jennifer Allert California 2019-08-16 Denied attorney-fees california-evidence-code civil-procedure constitutional-interpretation court-of-appeals due-process evidence evidence-code-1402 property-rights property-titles real-property standing Whether the ruling made by the state trial court granting the motion under California Evidence Code 1402 foreclosed Respondent's efforts to seek attor…
19-5620 Damien Hyde v. Illinois Illinois 2019-08-16 Denied IFP 5th-amendment civil-rights coerced-statements confrontation-clause constitutional-rights criminal-evidence criminal-procedure due-process evidence non-defendant-witnesses substantive-evidence witness-testimony Whether the admission of coerced statements by non-defendant witnesses deprives a defendant of due process of law when used as substantive evidence of…
19-5592 Dawud Spaulding v. Ohio Ohio 2019-08-15 Denied IFP capital-defendant capital-punishment defense-counsel due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-presumption post-conviction post-conviction-proceedings record record-evidence standard-of-review strategic-decision strategic-decision-making Should courts presume defense counsel acted strategically, even when the evidence in the record demonstrates a lack of strategy in their actions?
19-5596 Eric T. Latham v. United States Sixth Circuit 2019-08-15 Denied Relisted (2)IFP 4th-amendment arizona-v-gant civil-rights criminal-procedure evidence fourth-amendment minor-traffic-offense probable-cause search-incident-to-arrest traffic-offense vehicle-search Whether the search incident to arrest exception permits police officers to conduct a search based on probable cause for a minor traffic offense and bo…
19-5462 Wayne Pettaway v. Michael Clark, Superintendent, State Correctional Institution at Albion Third Circuit 2019-08-06 Denied IFP 4th-amendment civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-prejudice magistrate-bias Was there grounds for a lawful warrant for my arrest?
19-5474 Terry Lee Carlson v. United States Eighth Circuit 2019-08-06 Denied Response WaivedIFP computer-search district-court due-process evidence evidence-suppression fourth-amendment jurisdiction search-limitation search-warrant territorial-jurisdiction venue warrant-scope Did the Eighth Circuit Court of Appeals disregard plain and unambiguous language in the search warrant limiting searches to the computers located in t…
19-5481 Jomo Williams v. United States Second Circuit 2019-08-06 Denied Response WaivedIFP 5th-amendment 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence federal-rule-of-evidence fifth-amendment jury sixth-amendment Were Petitioner's Fifth and Sixth Amendment due process rights obliterated
19-5457 Matthew G. Munksgard v. United States Eleventh Circuit 2019-08-05 Denied Response RequestedResponse WaivedRelisted (2)IFP bank-fraud banking criminal-intent criminal-procedure document-forgery due-process evidence fdic-insurance financial-regulation presumption reasonable-doubt signature-fraud statutory-interpretation Whether it is proper to presume that a certificate of FDIC insurance issued 23 years earlier, combined with the statement of a bank officer that FDIC …
19-5458 Samantha Winter v. United States Fourth Circuit 2019-08-05 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment 5th-amendment criminal-procedure custodial-interrogation evidence evidence-admission harmless-error miranda-warnings motion-to-suppress rule-404b search-and-seizure warrantless-search whether-miranda-rights-were-violated
19-159 Carlos Tapia v. New York New York 2019-08-02 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause criminal-procedure cross-examination due-process evidence memory-loss sixth-amendment testimonial-statement Whether a witness's total memory loss prevents him from testifying about his prior out-of-court testimonial statement, and whether the witness's mere …
19-5428 Herron Kent Duckett v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-01 Denied IFP batson-challenge batson-v-kentucky constitutional-provisions criminal-procedure deadly-weapon deadly-weapon-finding evidence ineffective-assistance ineffective-assistance-of-counsel judgment-of-conviction judicial-review strickland-standard strickland-v-washington Whether the decision of the court is in conflict with Supreme Court ruling concerning ineffective assistance of counsel
19-141 Jeffrey Fairbanks v. Indiana Indiana 2019-07-30 Denied Response Waived criminal-conviction criminal-procedure due-process evidence evidentiary-rules ex-post-facto judicial-construction jury jury-instructions propensity-evidence reasonable-doubt vague-statute vagueness Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity eviden…
19-5376 Alan Lewis Doering v. Wendy Kelley, Director, Arkansas Department of Correction, et al. Eighth Circuit 2019-07-30 Denied Response WaivedIFP 5th-amendment civil-procedure civil-rights due-process standing takings confrontation-clause criminal-procedure due-process evidence sixth-amendment sixth-circuit Whether the Sixth Circuit Court of Appeals erred in its interpretation of the Confrontation Clause of the Sixth Amendment
19-5397 Charles Donelson v. Q. Tanner, et al. Seventh Circuit 2019-07-30 Denied IFP audit-standard circuit-split civil-rights class-action criminal-procedure discovery due-process evidence fraud fraud-on-the-market free-speech securities-law standing supreme-court-precedent takings Whether the Seventh Circuit's application of the 'dark web' doctrine creates a circuit split
19-5400 Jason Alston v. Prairie Farms Dairy, Inc., dba Luvel Fifth Circuit 2019-07-30 Denied IFP admissibility civil-procedure dispositive-motion district-court evidence evidence-admissibility evidence-hearing evidentiary-hearing hearing judicial-procedure jurisdiction legal-motion Whether the Respondent's Declarations submitted with their Dispositive Motion inadmissible evidence?
19-5387 Shevaun E. Browne v. United States Third Circuit 2019-07-29 Denied Response WaivedIFP cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel Whether certiorari review should be granted where the Third Circuit affirmed the district court's ruling that trial counsel was not ineffective for fa…
19-5340 Carl Prostell v. David Zook, Warden Fourth Circuit 2019-07-26 Denied Response WaivedIFP appeal confrontation-clause constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury post-conviction-relief reasonable-doubt sufficiency-of-evidence Whether the evidence was sufficient to find guilt beyond a reasonable doubt?
19-5334 Martel Valencia-Cortez v. United States Ninth Circuit 2019-07-25 Denied IFP criminal-procedure due-process evidence eyewitness-identification jury-instruction jury-instructions reliability-factors standing trial-error trial-procedure witness-identification Whether a district court commits error in a federal criminal case by failing to provide a specific eyewitness identification instruction
19-5317 Alonzo Vernon v. United States Second Circuit 2019-07-24 Denied Response WaivedIFP appellate-review chapman-v-california constitutional-rights criminal-procedure due-process evidence fair-trial harmless-error jones-v-stinson sixth-amendment Whether the Second Circuit's decision in the instant case created a conflict with the Court's decision in Chapman, supra?
19-5289 Pharoah Brazell v. Louisiana Louisiana 2019-07-23 Denied Response WaivedIFP constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender?
19-5290 Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-23 Denied IFP appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review Whether a court of appeals erred in finding that deference to a trial court's factual finding on an attorney's provision of a favorable plea offer was…
19-5254 Jose Arroyo v. Illinois Illinois 2019-07-19 Denied IFP corpus-delicti counsel-appointment criminal-procedure discovery dna-evidence due-process evidence ineffective-assistance ineffective-assistance-of-counsel sexual-conduct witness-statement Did the State fail to prove the corpus delicti of charges alleging penetration and sexual conduct with Jose Arroyo's mouth where the only proof of tho…
19-5204 Jesus Loya Quezada v. Rick Raemisch, Executive Director, Colorado Department of Corrections, et al. Tenth Circuit 2019-07-18 Denied Response WaivedIFP appeal citizenship civil-rights constitutional-rights criminal-evidence criminal-procedure due-process evidence harmless-error paper-foundation standing state-court uncorroborated-evidence Was the evidence allowed at my trial by the State court proper?
19-5205 Zachary A. Smith v. John A. Matthews, et al. Eighth Circuit 2019-07-18 Dismissed IFP circuit-split civil-rights due-process evidence evidentiary-motion medical-evidence prisoner-rights pro-se rule-706 summary-judgment Should a pro se prisoner be permitted to admit medical information from a reputable website as 'verifying medical evidence' to overcome a motion for s…
19-5224 Lee Chang v. Wisconsin Wisconsin 2019-07-17 Denied Response WaivedIFP brady-violation due-process evidence evidence-translation evidentiary-hearing fair-trial fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel law-enforcement sixth-amendment Was recorded evidence by law enforcement and presented by the prosecutor given in a timely manner as well as can it be considered a Brady violation du…
19-5176 Ernest L. Chambliss v. United States Eleventh Circuit 2019-07-15 Denied Response WaivedIFP confidential-informant criminal-law criminal-procedure due-process entrapment entrapment-defense evidence felon-in-possession firearm-possession jury-instructions standing Whether a defendant who has been charged with possessing a firearm as a convicted felon is entitled to an entrapment instruction when the evidence dem…
19-5136 Sha-Ron Haines v. United States Ninth Circuit 2019-07-10 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-defense criminal-procedure criminal-procedure-rights cross-examination due-process evidence evidence-rule-412 rape-shield rape-shield-law right-to-privacy victim-privacy Can the Government invoke Federal Rule of Evidence 412, the rape shield, over the objection of the victim, when doing so infringes upon a defendant's …
19-5114 Jovanny Rodriguez v. United States Second Circuit 2019-07-09 Denied Response WaivedIFP alibi due-process evidence fifth-amendment indictment indictment-variance interstate-commerce jury-finding jury-instructions sixth-amendment supreme-court-precedent trial variance Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at tr…
19-5079 Kenneth Blackwell v. Georgia Georgia 2019-07-05 Denied Response WaivedIFP appeal-discretion appellate-procedure appellate-review evidence issue-preservation judicial-discretion legal-sufficiency legal-theory prior-bad-acts prior-difficulties-evidence standard-of-review state-argument trial-court trial-court-discretion trial-procedure waiver Whether the Georgia Court of Appeals erred when it held that the trial court admitted Petitioner's sexual acts in Ohio as prior difficulties evidence …
19-32 Gordon Scott Stroh v. Saturna Capital Corporation Ninth Circuit 2019-07-03 Denied Amici (1)Response Waived cause-of-action civil-procedure dismissal evidence evidence-dismissal motion-in-limine standard-of-review summary-judgment trial-court What is the appropriate standard of review when a trial court improperly grants a motion in limine that has the practical effect of dismissing an enti…
19-23 Rockwood Casualty Insurance Company v. Director, Office of Workers’ Compensation Programs, Department of Labor, et al. Tenth Circuit 2019-07-02 Denied Relisted (2) administrative-procedure-act agency-regulations agency-rulemaking black-lung-benefits-act burden-of-proof due-process evidence evidentiary-standards regulatory-amendment standing Does requiring a wrongly-named Responsible Operator to issue benefits to a Claimant with normal pulmonary function and normal arterial blood gas testi…
19-5035 Calvin James v. United States Eleventh Circuit 2019-07-02 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence probable-cause search-and-seizure search-warrant standing trial witness Do officers need consent to search private property without a search warrant?
19-5022 Brian K. Banks v. Louisiana Louisiana 2019-07-01 Denied Response WaivedIFP 404(b)-evidence appellate-review constitutional-rights criminal-procedure due-process evidence fair-trial fifth-circuit jury-trial legal-error louisiana-supreme-court prosecutorial-misconduct standard-of-review Did the Louisiana Supreme Court err in allowing the Fifth Circuit to contradict its own prior rulings by overruling the District Court's decision to n…
18-1589 James Doyle Collins, Jr. v. Texas Texas 2019-06-27 Denied contraband contraband-possession criminal-intent criminal-law criminal-possession criminal-procedure destruction-of-evidence due-process evidence evidence-destruction intent intentional-possession mens-rea possession possession-law statutory-interpretation Whether the act of deleting or destroying contraband evidences a lack of knowing or intentional possession
18-9816 Kabil Anton Djenasevic, aka Anton Genase, aka Kabil Genase, aka Kabil Kraja v. United States Eleventh Circuit 2019-06-26 Denied Response WaivedIFP civil-rights conspiracy-law criminal-procedure due-process evidence false-testimony fifth-amendment fourteenth-amendment fourth-amendment judicial-notice sixth-amendment standing Whether petitioner was denied his Fourth, Fifth, Sixth, and Fourteenth Amendment rights
18-9817 Deterryon Tyrell Kelly v. Texas Texas 2019-06-26 Denied IFP criminal-conviction criminal-procedure due-process evidence evidence-standard inference-stacking jackson-v-virginia legal-sufficiency speculative-evidence sufficiency sufficiency-of-evidence Can evidence meet the legal sufficiency standard of Jackson v. Virginia if the evidence relied upon for conviction is primarily speculative and infere…
18-1579 Ronnie Ricks, Jr. v. Texas Texas 2019-06-25 Denied Response Waived 5th-amendment criminal-procedure custodial-interrogation defendant-rights due-process evidence miranda right-to-counsel self-incrimination sixth-amendment testimonial-evidence video-evidence Whether showing a videotape containing testimonial actions is proper, after an accused has invoked his right to counsel?
18-9765 Joseph Kinard v. United States District Court for the District of Columbia District of Columbia 2019-06-24 Denied Response WaivedIFP bar-membership civil-rights constitutional-violation criminal-procedure discovery due-process evidence jurisdiction oath-of-office prosecutorial-misconduct state-court-review supreme-court-jurisdiction vagueness Whether a United States Attorney must be a member of the bar in the city or state to prosecute cases in the United States District Court and Superior …
18-9774 Hsiu Ying Lisa Tseng v. California California 2019-06-24 Denied Response WaivedIFP constitutional-law criminal-procedure due-process estelle-v-mcguire evidence federal-due-process fourteenth-amendment prior-act-evidence propensity-evidence state-trial Whether the admission of irrelevant prior act evidence in a state trial that amounts to propensity evidence violates Fourteenth Amendment due process
18-9740 Myron Gregory Jessie v. Michigan Michigan 2019-06-21 Denied IFP appeal appellate-review civil-rights constitutional-rights conviction criminal-procedure due-process evidence evidence-admission judicial-error life-imprisonment prior-misconduct resentencing sentencing Was the evidence insufficient to convict defendant of first-degree murder and also to support the sentence of life imprisonment, and did the resentenc…
18-1556 Peggy Edwards, et al. v. Louisiana Workforce Commission, et al. Louisiana 2019-06-20 Denied Response Waived administrative-law administrative-procedure agency-adjudication agency-decision burden-of-proof due-process evidence evidence-standard medical-claims medical-treatment standing workers-compensation Does the Louisiana administrative system for adjudicating medical claims by injured workers violate due process
18-1559 Velma Brooks v. Industrial Claim Appeals Office, et al. Colorado 2019-06-20 Denied Response Waived burden-of-proof civil-rights conspiracy due-process evidence falsification judicial-oversight judicial-review legal-conspiracy medical-evidence worker's-compensation workers-compensation Why did the Colorado courts refuse to seek the truth in this case?
18-9735 Carlton Darden v. United States Eighth Circuit 2019-06-19 Denied Response WaivedIFP 18-usc-3582 criminal-sentencing dillion-v-united-states district-court-authority due-process evidence judicial-discretion judicial-review new-evidence offense-conduct sentencing-guidelines sentencing-modification statutory-interpretation united-states-sentencing-guidelines united-states-v-adams ussg-1b1.10 Does 18 USC 3582(c)(2) after Dillion give a district court authority to make additional finding as to offense conduct attributable to a defendant base…
18-9712 Noe Juarez v. United States Fifth Circuit 2019-06-18 Denied Response WaivedIFP conspiracy conspiracy-law criminal-procedure deliberate-ignorance due-process evidence evidence-404(b) evidence-rule-404b jury-instructions new-trial propensity propensity-evidence prosecutorial-misconduct What is the proper framework for determining whether a prosecutor's improper propensity-based arguments related to 404(b) evidence warrant a new trial…
18-9657 Joseph Howard Davis v. United States Fourth Circuit 2019-06-17 Denied Response WaivedIFP circuit-split confrontation-clause criminal-evidence criminal-procedure drug-dealer drug-distribution due-process evidence fourth-circuit hearsay informant methamphetamine-offense non-testifying-witness second-circuit Is an out-of-court statement by a non-testifying informant which identifies the defendant as a drug dealer hearsay?
18-9675 Tommy Dean Bullcoming v. United States Tenth Circuit 2019-06-14 Denied Response WaivedIFP civil-procedure civil-rights credibility-determination de-novo-review due-process evidence law-enforcement-testimony qualified-immunity scott-v-harris standard-of-review summary-judgment video-evidence Should a video recording of the actual events that clearly contradicts the sworn testimony of an officer support de novo review of the district court'…
18-9677 Martin Arreola Zavala v. United States Eighth Circuit 2019-06-14 Denied Response WaivedIFP acceptance-of-responsibility contested-cases criminal-procedure drug-quantity due-process evidence evidence-determination federal-courts federal-sentencing legal-sufficiency quantity-determinations sentencing sentencing-guidelines standard-of-review sufficiency-of-evidence Whether this court should grant certiorari to address the proper application of law to fact relating to sufficiency of the evidence for quantity deter…
18-9678 Binika L. Hankton v. Frederick Boutte, Warden Fifth Circuit 2019-06-14 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process due-process,criminal-procedure,evidence,jackson-v- evidence evidence-sufficiency fifth-amendment fourth-amendment jackson-v-virginia sixth-amendment standard-of-review sufficiency-of-evidence Is a conviction constitutionally suspect when the evidence used to convict does not meet the standards of Jackson?
18-9650 Shawn Pinson v. Texas Texas 2019-06-13 Denied IFP civil-rights confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment standing testimony When be Bate Krouingt, used Se benany, a was, bogan be
18-9660 William T. Windsor v. Delaware Delaware 2019-06-13 Denied Relisted (2)IFP 14th-amendment 5th-amendment civil-rights constitutional-law criminal-procedure due-process evidence newly-discovered-evidence standing Did The DeLaroate Stnle Courts, Violate Windsor's Sthandjdth amendments and Duc Proaess Rughts, When *t Red to Consider newly ds dovered evidence onda…
18-9602 Colby L. Simmons v. United States Fourth Circuit 2019-06-11 Denied Response WaivedIFP admissibility-of-evidence criminal-procedure custodial-interrogation due-process evidence evidence-admission fifth-amendment miranda-rights miranda-v-arizona self-incrimination Did the district court violate petitioner's Fifth Amendment right as set forth in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct 1602, 16 L. Ed. 2d 694 (19…
18-9612 Gregory Rayford v. Illinois Illinois 2019-06-11 Denied Response WaivedIFP appeal civil-rights criminal-procedure due-process evidence exclusionary-rule probable-cause search-and-seizure sentencing Whether the Illinois state court erred in denying the petitioner's motion to suppress evidence obtained in violation of the Fourth Amendment
18-9623 Robert William Wazney v. JPMorgan Chase Bank, N.A. Fourth Circuit 2019-06-11 Denied Response WaivedRelisted (2)IFP 14th-amendment appellate-procedure appellate-relief asset-freezing constitutional-rights due-process equal-protection evidence indigent-defendant Whether the courts have abridged the defendant's 14th Amendment due-process, equal-protection rights by disregarding evidence and barring appellate re…
18-9627 Jeffrey Dean Tucker v. United States Fourth Circuit 2019-06-11 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility jurisdiction standing witness-testimony Whether due process was violated in convicting a North Carolina state citizen pursuant to general jurisdiction?
18-1529 Louis R. Koerner, Jr., Individually and as Assignee of Jean McCurdy Meade v. CMR Construction & Roofing, L.L.C. Fifth Circuit 2019-06-11 Denied certification civil-procedure declarations erie-doctrine evidence material-issues-of-fact non-moving-party procedural-protections rule-54(b) rule-54b rule-59(e) rule-59e standard-of-consideration summary-judgment Did the Fifth Circuit Court apply an incorrect standard of consideration by not considering the declarations of a non-moving party sufficient to estab…
18-9583 Alfredo M. Vasquez v. California California 2019-06-07 Denied IFP constitutional-law due-process evidence federal-constitution jury-instructions reasonable-doubt sexual-assault sexual-contacts state-constitution victim Was the exclusion of evidence regarding the alleged victim's prior sexual contacts with her boyfriend a denial of due process under the Federal and St…
18-9591 Brandon Wayne Taylor v. Texas Texas 2019-06-07 Denied IFP brady-violation civil-rights constitutional-procedure criminal-procedure due-process evidence full-faith-and-credit full-faith-credit interstate-evidence standing state-law-conflict texas-law When evidence is illegally obtained in violation of California laws can Texas legally benefit from this illegal act by allowing this evidence in a Tex…
18-9571 Willie Carl Jones v. Darrel Vannoy, Warden Fifth Circuit 2019-06-06 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence false-testimony fourteenth-amendment juror-influence search-and-seizure Whether the denial of petitioner's motion to suppress bullets conflicts with relevant decisions of this Court in violation of petitioner's Fourteenth …
18-9560 Anthony Wright v. Kenneth E. Lassiter, et al. Fourth Circuit 2019-06-05 Denied Response WaivedIFP civil-procedure,civil-rights,due-process,free-spee civil-rights discovery due-process evidence standing summary-judgment Whether the court erred in ruling against the plaintiff
18-9527 Thomas Branagan v. Isidro Baca, Warden, et al. Ninth Circuit 2019-06-03 Denied Response WaivedIFP child-victim civil-rights criminal-procedure due-process evidence evidentiary-issues ineffective-assistance-of-counsel prosecutorial-misconduct sexual-assault standing testimony-inconsistency witness-credibility witness-testimony Whether the defendant's constitutional rights were violated due to ineffective assistance of counsel and prosecutorial misconduct
18-1506 Julian Martin v. United States Seventh Circuit 2019-06-03 Denied Response RequestedResponse WaivedRelisted (2) co-defendant-statement confrontation-clause criminal-procedure cross-examination due-process evidence fair-trial hearsay reliability-of-evidence right-to-confront-witnesses sixth-amendment Whether the District Court's express reliance on an out-of-court statement of a non-testifying co-defendant as a basis for finding the defendant guilt…
18-9497 Lloyd E. Austin, IV v. Bridgitte Amsberry Ninth Circuit 2019-05-31 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel mental-competency plea-bargaining post-conviction-relief prosecutorial-misconduct sentencing Why would the petitioner accept a plea agreement to the worst case scenario without being of sound mind?
18-9500 Linh Thi Minh Tran v. Tri-County Metropolitan Transit District of Oregon Oregon 2019-05-31 Denied IFP bus-accident carrier-liability civil-rights due-process duty-of-care evidence medical-evidence negligence public-transportation substance-impairment summary-judgment tort Issues being raised
18-9509 Robert Lehmann v. Scott Kernan, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-05-31 Denied Response WaivedIFP arizona-v-youngblood bad-faith-exception brady-v-maryland due-process evidence evidence-preservation fair-trial ineffective-assistance prosecutorial-misconduct scientific-evidence scientific-testing strickland-v-washington With the advancement of scientific testing methods of biological evidence, is the 'bad faith' exception to the failure to preserve evidence carved out…
18-9461 Antonio Tillmon v. United States Fourth Circuit 2019-05-30 Denied Response WaivedIFP conviction criminal-evidence criminal-procedure drug-distribution due-process evidence fourth-amendment fourth-circuit-review insufficient-evidence judicial-review right-to-a-fair-trial sufficiency-of-evidence undercover-agent undercover-operations Whether the Fourth Circuit erred in affirming Mr. Tillmon's convictions on certain counts
18-9465 Beth Galloway v. United States Eighth Circuit 2019-05-29 Denied Response WaivedIFP aiding-and-abetting criminal-intent criminal-law eighth-circuit evidence evidence-sufficiency financial-transaction financial-transactions insurance-fraud judgment-of-acquittal motion-for-acquittal motion-for-new-trial new-trial Whether a judgment of acquittal should have been granted
18-9470 R. Jay Thompson v. Oklahoma Oklahoma 2019-05-29 Denied IFP confrontation-clause evidence hearsay hearsay-statements sane-nurse sexual-assault sixth-amendment testimonial testimonial-evidence Whether statements made to the SANE nurse are testimonial for Sixth Amendment purposes
18-1491 Kaitlyn Nguyen v. United States Ninth Circuit 2019-05-29 Denied Response Waived 5th-amendment constitutional-rights criminal-procedure due-process evidence evidence-admissibility evidence-admission fifth-amendment inflammatory-evidence medical-clinic patient-deaths prejudicial-evidence prosecutorial-misconduct Whether petitioner's right to due process of law under the 5th Amendment, U.S. Constitution was violated by the prosecution's introduction of highly i…
18-1479 Jason P. Stinson v. United States Eleventh Circuit 2019-05-28 Denied Response Waived 26-usc-7402 burden-of-proof disgorge disgorgement due-process due-process,tax-preparation,26-usc-7402,permanent- evidence injunction internal-revenue-code litigation-conduct permanent-injunction tax-preparation tax-preparer Whether issuing a permanent injunction and an order to disgorge $949,000 against the owner of a tax preparation business under 26 U.S.C. § 7402 violat…
18-9446 Davon Kelly Bennett v. United States Fourth Circuit 2019-05-28 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination custodial-interrogation daubert-standard due-process evidence expert-witness-testimony motion-to-suppress rule-404b sixth-amendment Whether the District Court deprived Petitioner of his right to confront witnesses
18-9414 Donald Stewart Royce v. Florida Florida 2019-05-24 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause criminal-procedure cross-examination due-process evidence impeachment law-enforcement witness witness-testimony Whether a trial court abuses its discretion, within the confines of procedural due process in the U.S. Constitution's 14th Amendment, by limiting cros…
18-1462 Nadejda Rozanova, et vir v. Rafael S. Uribe California 2019-05-24 Denied Response Waived 14th-amendment constitutional-rights due-process evidence evidence-omission fair-hearing fourteenth-amendment grannis-v-ordean judicial-fairness judicial-procedure legal-procedure omission omission-of-facts omission-of-laws state-court-conflict Whether the California courts violated petitioners' due process rights by omitting numerous relevant and probative facts and laws in their decisions, …
18-9397 Miguel Angel Barron v. Raymond Madden, Warden Ninth Circuit 2019-05-23 Denied Response WaivedIFP burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search Whether a state trial court's jury instruction that reduces the burden of proof or violates a principle of fairness contained in the due process claus…
18-9405 John Willie Mack, Jr. v. Kenneth Nelsen, Warden Fourth Circuit 2019-05-23 Denied Response WaivedIFP appeal civil-rights due-process evidence habeas-corpus ineffective-assistance-of-counsel ineffective-counsel misconduct right-to-counsel right-to-fair-trial Was the defendant denied effective assistance of counsel?
18-9406 Ricky Carlos Grant v. United States Fourth Circuit 2019-05-23 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence expert-testimony standard-of-review telephone-evidence witness-qualification Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the United States District Court for Western District …
18-9382 Joshua Wofford v. United States Tenth Circuit 2019-05-22 Denied Response WaivedIFP appellate-review chapman-standard chapman-v-california constitutional-error criminal-procedure due-process evidence evidence-construction harmless-error prosecutorial-evidence standard-of-review Whether the federal court of appeals failed to effectively apply the Chapman v. California harmless-error standard
18-9353 Trista Rodriguez v. Nationwide Homes, Inc., et al. Tenth Circuit 2019-05-21 Denied IFP civil-procedure civil-rights constitutional-law damages due-process evidence standing When does token for lawfulness purpose constitute evidence that constitutional and civil rights were violated by the defendants in establishing an inj…
18-9347 Sherrick A Sims v. Kansas Kansas 2019-05-20 Denied Response WaivedIFP 14th-amendment constitutional-law constitutional-violation conviction criminal-procedure due-process evidence fourteenth-amendment judicial-procedure jury limine limine-orders prejudicial-testimony violation Was Mc. Sims denied due process of law when the District Court and Kansas Supreme Court upheld a conviction obtained by the State's violation of Three…
18-9281 Randy Burke v. Diane Prosper, Acting Warden, et al. Virgin Islands 2019-05-15 Denied IFP 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel Whether the counsel's failure to cross-examine the main witness Beatrice Lawrence constituted ineffective assistance of counsel
18-9235 Richard McMillan, III v. Florida Florida 2019-05-10 Denied Response WaivedIFP civil-procedure criminal-procedure due-process evidence inconsistent-evidence inconsistent-testimony judicial-discretion motion-for-acquittal motion-for-judgment-of-acquittal petitioner-defense state-evidence trial trial-court trial-court-evidence Can the Trial Court forbid Submission of Evidence at trial that supports Petitioner's Defense, when in fact, there's a dispute?
18-1411 Jeffrey Isaacs v. Trustees of Dartmouth College, et al. First Circuit 2019-05-09 Denied Response Waived abuse-of-discretion administrative-law due-process evidence evidence-spoliation medical-license medical-licensing protected-conduct rehabilitation-act retaliation section-1983 title-ix Whether the NH District Court abused its discretion in dismissing a Rehabilitation Act retaliation claim, failing to hold Dartmouth accountable for de…
18-9189 Vernell Conley v. Wendy Kelley, Director, Arkansas Department of Correction Arkansas 2019-05-08 Denied Response WaivedIFP constitutional-law criminal-procedure double-jeopardy drug-offense due-process evidence hicks-v-oklahoma jury jury-trial sentencing Did the refusal to order re-sentencing on the remaining conviction, limited to evidence supporting that conviction, violate Conley's right to due proc…
18-9202 Edilberto Maso Diaz v. United States Fifth Circuit 2019-05-08 Denied Response WaivedIFP co-conspirator co-conspirator-testimony confrontation-clause conspiracy criminal-conviction criminal-procedure cumulative-error due-process evidence evidentiary-sufficiency fifth-circuit-review hearsay hearsay-evidence hearsay-statements jury-instructions standard-of-review trial-procedure Did the Fifth Circuit err by affirming the district court admission of hearsay statements made by an unindicted co-conspirator over the objection of A…
18-9175 Corey Milledge v. Gray English, Assistant Warden Eleventh Circuit 2019-05-07 Denied IFP bowen-v-warden civil-rights due-process evidence farmer-v-brennan harm prison standing threat united-states-v-white Whether a threat to inflict physical or other harm constitutes a substantial risk of serious harm in light of principles set forth in United States v.…
18-9119 Kirby Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-03 Dismissed IFP appellate-procedure constitutional-law criminal-procedure custody-control double-jeopardy double-jeopardy-clause evidence full-faith-and-credit-clause full-faith-credit judicial-review liberty-interest parole prosecution re-imprisonment retrospective-forfeiture statutory-interpretation Whether the Full Faith & Credit Clause, Double Jeopardy Clause prohibits the State of Texas from re-prosecuting & re-imprisoning petitioner for an exp…
18-9132 Earlie Dickerson v. United States Fifth Circuit 2019-05-03 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-standard federal-rule-criminal-procedure federal-rules-of-criminal-procedure government-witness government-witnesses motion-for-new-trial newly-discovered-evidence perjury trial-motion witness-credibility witness-testimony Whether new evidence that Government witnesses provided untruthful statements during a trial can ever satisfy the requirements for a motion for new ba…
18-9102 Michael Bazan v. Robert Whitfield, et al. Fifth Circuit 2019-05-02 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-law due-process evidence excessive-force qualified-immunity standing Whether the Court of Appeals erred in denying Petitioner's Excessive-Force claim
18-9104 Kurt Zamor v. United States Eleventh Circuit 2019-05-02 Denied Response WaivedIFP appellate-procedure common-carrier criminal-procedure criminal-procedure-rule-16 evidence evidence-sufficiency expert-testimony firearms firearms-regulation mens-rea sentencing sentencing-review statutory-interpretation Whether the Eleventh Circuit failed to properly apply Title 18 U.S.C. Section 922(e)
18-9110 Darius T. Murphy v. New Jersey New Jersey 2019-05-02 Denied IFP actual-innocence civil-rights criminal-procedure due-process evidence evidentiary-standard legal-claim misidentification totality-of-circumstances What spectrum of evidence is required to prove actual innocence claim?
18-9034 Norman Lee Shillings v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2019-04-30 Denied IFP alias-name civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence fourteenth-amendment identity tampering-with-evidence Can the presentation of an (Alias) or Gender specific name used during arrest, booking, and bonding procedures be charged as Tampering with Evidence, …
18-8974 Stanley Bruce Roberson v. Texas Texas 2019-04-24 Denied Response WaivedIFP appellate-review criminal-evidence criminal-procedure due-process equal-protection evidence scientific-evidence scientific-reliability statistical-extrapolation statistical-sampling unvalidated-methods Does the unvalidated method of statistical extrapolation constitute scientifically reliable evidence?
18-8980 Raheem D. Louis v. United States Third Circuit 2019-04-24 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence identification witness-testimony Question not identified
18-8944 Timmy W. Doucet v. Louisiana Louisiana 2019-04-23 Denied Response WaivedIFP criminal-procedure due-process evidence jury-deliberation jury-deliberations louisiana-criminal-code reasonable-doubt reversible-error sixth-amendment testimonial-evidence Whether reasonable jurists determine that it was reversible error for the district court to permit the jury, over defense counsel's objections, to vie…
18-8955 Gregory Butler v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-04-23 Denied IFP 14th-amendment 6th-amendment certificate-of-appealability confrontation-clause criminal-procedure cross-examination due-process evidence fourteenth-amendment jury-instructions other-crimes-evidence sixth-amendment trial-fairness witness-confrontation Whether the district court and the third circuit erred in refusing to issue a certificate of appealability
18-8928 Alberto Julio Guillen v. United States Ninth Circuit 2019-04-22 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence evidence-suppression exigent-circumstances search-and-seizure standing Whether a warrantless entry and search, where the totality of the circumstances indicates that exigent circumstances had occurred, or was recovering e…
18-8894 Robert L. Mayfield v. United States Eighth Circuit 2019-04-18 Denied Response WaivedIFP admissibility co-conspirator co-conspirator-statements co-conspirators confrontation-clause criminal-procedure evidence evidence-rule hearsay hearsay-exception out-of-court-statements rule-801 rule-801(d)(2)(e) Whether admission of out-of-court statements made by Robert Mayfield's alleged co-conspirators violated the hearsay exception of Rule 801(d)(2)(E)
18-8902 Gustav Kloszewski v. United States Second Circuit 2019-04-18 Denied Response WaivedIFP confrontation-clause constitutional-interpretation Crawford-precedent crawford-v-washington criminal-procedure due-process evidence evidence-admissibility precedent sixth-amendment testimonial-statements Did the lower court fail to follow this Court's precedent in Crawford v. Washington, 541 U.S. 36 (2004)?
18-8862 Roderick White v. Louisiana Louisiana 2019-04-17 Denied Amici (4)Response RequestedResponse WaivedRelisted (3)IFP confrontation-clause constitutional-interpretation crawford-v-washington cross-examination due-process evidence memory-loss testimonial-hearsay united-states-v-owens Whether the rule of United States v. Owens, 484 U.S. 554 (1988), as used by courts to admit testimonial hearsay from witnesses not amenable to cross-e…
18-8873 Tracy Devon Thomas v. United States Ninth Circuit 2019-04-17 Denied Response WaivedIFP 4th-amendment criminal-evidence evidence judicial-standard law-enforcement perpetrator probable-cause search-warrant shooting standing vehicle-rental Can the common-sense standard of probable cause be so reduced as to allow a search warrant to be issued on the basis that a person rented a vehicle th…
18-8880 M. A. Edwards, aka Michael Anthony Edwards v. Scott Semple, Commissioner, Connecticut Department of Correction Second Circuit 2019-04-17 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence fabricated-testimony fraud government-misconduct impeachment standing testimonial-evidence testimonial-statement Can the government tell the triers of fact that defendant confessed to murder
18-8843 John Leroy Milne v. United States Tenth Circuit 2019-04-16 Denied Response WaivedIFP criminal-procedure drug-identity drug-quantity due-process evidence reasonable-doubt sufficiency-of-evidence Whether the evidence presented was sufficient to prove beyond a reasonable doubt that Mr. Milne conspired to possess and knowingly possessed with inte…
18-8847 Javier Bocanegra, Jr. v. United States Fifth Circuit 2019-04-16 Denied Response WaivedIFP chain-of-custody cocaine-conspiracy conspiracy controlled-substances cooperating-witnesses credibility criminal-conspiracy criminal-law deferred-adjudication drug-offense-enhancement evidence full-faith-and-credit reasonable-doubt Is there insufficient evidence for a conspiracy to transport cocaine conviction based upon the testimony of cooperating witnesses who are not credible…
18-8815 Scott Randall Reich v. Mike Slagle, Correctional Administrator, Mountain View Correctional Institution Fourth Circuit 2019-04-15 Denied IFP civil-rights constitutional-rights criminal-procedure discovery due-process evidence evidence-suppression prosecutorial-misconduct speedy-trial standing witness-testimony Has rules of evidence precluded by Speedy Trial Act from being used to impeach witness testimony?
18-8827 David McShan v. United States Sixth Circuit 2019-04-15 Denied Response WaivedIFP berger-standard berger-v-united-states criminal-procedure due-process evidence evidence-fabrication jury-bias nelson-v-colorado presumption-of-innocence prosecutorial-misconduct sentencing trial-fairness Where the government's case against a defendant is extremely weak, does the prosecutor's persistent misconduct during trial by making improper insinua…
18-8766 Christopher Lee Price v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2019-04-11 Denied IFP appellate-review bucklew-standard civil-rights due-process evidence lethal-injection method-of-execution nitrogen-hypoxia preliminary-injunction standing Whether a district court can make factual findings based on evidence that may not be admissible at trial
18-8800 Stephen R. Winn v. Dana Metzger, Warden, et al. Third Circuit 2019-04-11 Denied IFP appellate-review civil-procedure civil-procedure-expert-testimony due-process evidence expert-witness fair-trial judicial-discretion testimony Whether the court erred in allowing the expert witness to testify without her notes and denying the defendant the right to review the notes as part of…
18-8734 Corey D. Phillips v. Illinois Illinois 2019-04-10 Denied IFP civil-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-counsel witness-testimony Was the defendant's counsel ineffective for failing to properly investigate and present evidence of a plea agreement?
18-8767 Antonio Slaton v. United States Eleventh Circuit 2019-04-10 Denied Response WaivedIFP alford-plea criminal-procedure double-jeopardy due-process evidence evidence-of-innocence federal-procedure federal-sentencing federal-supervised-release revocation-hearing supervised-release Whether a state conviction entered via an Alford plea creates an irrebuttable presumption such that a defendant in a federal supervised release revoca…
18-8757 Jason Lee Tincher v. Tim Berners-Lee Colorado 2019-04-09 Denied IFP 5th-amendment civil-procedure civil-rights conspiracy due-process evidence judicial-misconduct judicial-review standing Why didn't the judge do a full investigation?
18-1262 Corona Regional Medical Center, et al. v. Marlyn Sali, et al. Ninth Circuit 2019-04-02 Dismissed admissibility circuit-split civil-procedure class-certification evidence evidence-admissibility federal-rules-civil-procedure federal-rules-of-civil-procedure federal-rules-of-evidence ninth-circuit precedent rule-23 standards-of-proof Whether the requirements for class certification under Federal Rule of Civil Procedure 23 can be satisfied with inadmissible evidence
18-8602 Enrico M. Ponzo v. United States First Circuit 2019-03-29 Denied Response WaivedIFP civil-rights criminal-justice criminal-procedure due-process evidence false-affidavit false-statements franks-doctrine franks-v-delaware judicial-review law-enforcement-misconduct probable-cause sanctions standing Whether Franks v. Delaware should be revisited to allow sanctions for false affiant declarations even if there remains probable cause in the absence o…
18-8614 Leonard Dwayne Hill v. United States Eighth Circuit 2019-03-28 Denied Response WaivedIFP 2nd-amendment atf-regulations civil-procedure civil-rights commerce-clause due-process evidence federal-jurisdiction standing-issue statutory-interpretation Whether the 'terminal ballistics test' used to determine the dangerousness of ammunition is properly applied in this case
18-8557 Ignacio Ruiz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-03-26 Denied IFP civil-rights confrontation-clause criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel sentencing Whether the court of appeals erred in denying petitioner's claim of ineffective assistance of counsel based on counsel's failure to object to the conf…
18-8566 John Bartholomew Lowe v. Mississippi Mississippi 2019-03-26 Denied Response WaivedIFP burden-of-proof circumstantial-evidence civil-procedure criminal-procedure direct-evidence evidence jury-instructions standard-of-review Whether multiple instances of circumstantial evidence can accumulate and become direct evidence?
18-8574 William Burton v. Delaware Delaware 2019-03-26 Denied Response WaivedIFP criminal-procedure evidence fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-of-not-guilty prosecutorial-evidence right-to-counsel sixth-amendment Did petitioner's attorney provide ineffective assistance of counsel?
18-8577 Gerald W. Long v. Illinois Illinois 2019-03-26 Denied Response WaivedIFP constitutional-rights due-process evidence evidence-admission fifth-amendment fourteenth-amendment impartial-jury sixth-amendment trial trial-procedure Did the Trial Court violate Gerald Long's Fifth and Fourteenth Amendment right to Due Process and Sixth Amendment right to a trial by an impartial jur…
18-8533 Lance Williams v. California California 2019-03-22 Denied Response WaivedIFP civil-rights criminal-appeal criminal-procedure due-process evidence evidence-admissibility habeas-corpus ineffective-appellate-counsel ineffective-assistance-of-counsel insufficiency-of-evidence intent invalid-illegal-strike perjury police-report prejudicial-1101(b)-evidence pro-se prosecutor-coercion prosecutorial-misconduct uncharged-act witness-credibility witness-description Whether the state courts erred in denying appeal on prejudicial 1101(B) evidence on uncharged act used to prove intent where the police report differs…
18-8490 Bernard Mitchell v. California California 2019-03-21 Denied Response WaivedIFP abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review Did the court abuse its discretion in permitting the jury to be exposed to the nicknames 'Crip' and ''Scrap,' which have been taken as a suggestion th…
18-1220 Cleveland Franklin v. American Elevator Inspections, Inc. Texas 2019-03-20 Denied 7th-amendment affidavit-evidence burden-of-proof civil-procedure civil-rights due-process elevator-safety evidence negligence personal-injury standing summary-judgment trial-by-jury Whether a plaintiff must anticipate and preemptively rebut every possible inference favoring the defendant, even if implausible, to survive summary ju…
18-8470 Tommy Lee Jones v. United States Sixth Circuit 2019-03-19 Denied Response WaivedIFP child-pornography criminal-procedure due-process evidence evidence-admission fair-trial judicial-conduct sentencing Has the District Court denied Mr. Jones a fair trial by allowing unsustained and unproven testimony into evidence
18-8448 Edward Bishop v. United States Seventh Circuit 2019-03-18 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-evidence digital-files dna-evidence evidence fourth-amendment particularity-requirement probable-cause search-warrant Does a search warrant which described the place to be searched and the things to be seized fail the particularity requirement of the Fourth Amendment?
18-8404 Adrian Laroy Seymore v. United States Ninth Circuit 2019-03-15 Denied Response WaivedIFP burden-of-proof criminal-procedure district-court-discretion due-process evidence evidentiary-standard government-evidence presentence-investigation-report sentencing sentencing-guidelines standard-of-review Whether a District Court erred in applying a guideline enhancement based solely on allegations contained in the Presentence Investigation Report after…
18-1188 Jeffrey A. Jacobi v. Wisconsin Wisconsin 2019-03-13 Denied Response Waived civil-procedure civil-rights criminal-procedure due-process evidence fourth-amendment intoxication intoxication-determination intoxication-inference law-enforcement law-enforcement-inference police-inference probable-cause reasonable-suspicion traffic-accident traffic-stop vehicle-collision Whether it is reasonable for police to infer that a driver was intoxicated at the time of a collision based solely on the fact that the driver was fou…
18-8403 Sergio Caballero v. United States Ninth Circuit 2019-03-12 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence evidence-exclusion fifth-amendment habeas-corpus third-party-culpability Whether the district court violated Petitioner's Fifth Amendment rights by failing to allow evidence of third-party culpability
18-8367 Lamar Williams v. American Auto Logistics New Jersey 2019-03-11 Denied IFP civil-procedure civil-rights constitutional-issues constitutional-review court-procedure due-process evidence evidentiary-standards expert-opinion judicial-opinion legal-standing standing witness-testimony witnesses Is the prior court's decision constitutional?
18-8372 Dominique Green v. Texas Texas 2019-03-11 Denied IFP appellant-rights civil-procedure civil-rights court-determination due-process evidence evidentiary-standard fact fact-and-law informal-marriage legal-sufficiency marriage marriage-evidence standing Did she Loust of Anpeads eccod Wwhen it derermincd aod Vert WHS leqarlyy \\asudlicient evidence to Estaalish a inloramnal Wnarrage Wer Ween Appatank A…
18-8379 John Anthony Dobbs v. Texas Texas 2019-03-11 Denied IFP civil-rights confrontation-clause constitutional-interpretation crawford-standard crawford-v-washington due-process evidence forensic-evidence medical-examination medical-forensic medical-forensic-purpose sane-nurse sane-nurse-examination testimonial-statement testimonial-statements Whether statements obtained during a 'sane nurse' examination have become 'testimonial' for purposes of the Confrontation Clause under Crawford v. Was…
18-8346 Danilo Velasquez v. United States Ninth Circuit 2019-03-08 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure diminished-capacity due-process evidence expert-testimony fundamental-rights life-sentence ninth-circuit sentencing Did the Ninth Circuit fail to protect petitioner's fundamental due process right to present his complete defense?
18-1158 Jarrod Taylor v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections Eleventh Circuit 2019-03-06 Denied Amici (1) appeals brady-violation certificate-of-appealability constitutional-law criminal-procedure due-process eleventh-circuit evidence habeas-corpus ineffective-assistance-of-counsel judicial-review jury-bias prosecutorial-misconduct trial-procedure Jarrod Taylor's habeas corpus claims challenging the State's concealment of evidence during his trial
18-8297 John Baccus v. Edgar L. Clements, III, et al. Fourth Circuit 2019-03-06 Dismissed IFP 4th-amendment brady-v-maryland civil-rights criminal-procedure due-process evidence judicial-power prosecutorial-misconduct Whether the Fourth Circuit Court's proceedings that led to petitioner's sentence violated his constitutional and statutory due process rights
18-8291 Juanita Garcia v. Deborah Johnson, Warden Ninth Circuit 2019-03-05 Denied Response WaivedIFP burden-of-proof criminal-procedure evidence habeas habeas-corpus ineffective-assistance-of-counsel prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington Whether a habeas petitioner must show that absent the attorney's deficient performance, no other evidence supported the verdict
18-8184 Daryl Sharp v. Timothy Dolan District of Columbia 2019-03-01 Denied Relisted (2)IFP appeal civil-procedure civil-rights criminal-procedure due-process evidence free-speech jurisdiction jury-instructions standard-of-review standing Whether the evidence presented at trial was sufficient to support the conviction
18-8218 Nathaniel Hoskins v. United States Seventh Circuit 2019-03-01 Denied Response WaivedIFP brady-v-maryland brady-violation confidential-informant criminal-justice-system criminal-procedure due-process evidence evidence-suppression materiality prosecutorial-misconduct rico-conspiracy suppression Whether the prosecution's pretrial evidentiary suppression of various law enforcement reports, interviews and statements favorable to the Petitioner v…
18-8219 Jose J. Hernandez v. M. Eliot Spearman, Warden Ninth Circuit 2019-03-01 Denied IFP appeal civil-rights criminal-procedure due-process evidence felony-murder ineffective-assistance newly-presented standing Did appellate counsel render ineffective assistance
18-8141 Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-26 Denied IFP abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel Was trial counsel ineffective for not calling an alibi witness?
18-8129 Charles Russell v. Texas Texas 2019-02-25 Denied IFP 2nd-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence evidence-admission reasonable-doubt social-media social-media-evidence witness-testimony Did the Trial Court relieve the state of its burden to prove guilt beyond a reasonable doubt when it allowed the state to show the jury photos found o…
18-8074 Javonte T. Morgan v. Louisiana Louisiana 2019-02-22 Denied Response WaivedIFP challenge-for-cause civil-procedure civil-rights constitutional-law criminal-procedure due-process evidence fair-trial judicial-proceedings jury-selection peremptory-challenges standard-of-review standing sufficiency-of-evidence Whether the lower court erred in denying the petitioner's challenge for cause and finding the evidence sufficient to support the conviction
18-8114 Anthony Boyd v. Joe D. Driver, et al. Fifth Circuit 2019-02-22 Denied Response WaivedIFP civil-action civil-procedure civil-rights due-process evidence government-transparency legal-standing material-fact standing summary-judgment transparency video-evidence Whether Lack Of Transparency Of Video Evidence By The Government, Standing Alone, Creates A Genuine Issue Of Material Fact In A Civil Action?
18-1082 Marianne Guzall v. City of Romulus, Michigan, et al. Sixth Circuit 2019-02-21 Denied Response Waived circuit-court circuit-court-split civil-rights due-process evidence federal-rules-evidence free-speech hearsay motive-intent party-opponent sixth-circuit whistleblower-retaliation Does the Sixth Circuit Court's split decision determining a statement by a party opponent to be hearsay directly contradict other Circuit Court decisi…
18-8064 Fernando Luviano v. United States Ninth Circuit 2019-02-21 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-law criminal-statute document-falsification evidence federal-investigation obstruction-of-justice prosecutorial-standard statutory-interpretation Whether 18 U.S.C. § 1519 requires the government to prove a 'reasonable likelihood' that the falsified reports were written in contemplation of a poss…
18-1079 Javier Flores Gaytan v. Michael Hardee Fourth Circuit 2019-02-19 Denied actual-innocence constitutional-standard criminal-conviction criminal-procedure due-process evidence federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-confrontation right-to-fair-trial summary-witness wire-recording Whether a State may obtain a criminal conviction and 37-year prison sentence against a defendant where the primary evidence of guilt was a wire-record…
18-8014 Wyley Tomas Baird v. Tammy Foss, Acting Warden Ninth Circuit 2019-02-19 Denied IFP burden-of-proof civil-rights criminal-procedure due-process evidence federal-court ineffective-assistance-of-counsel judgment jury-instructions opinion petition prosecutorial-misconduct reasonable-doubt sexual-assault supreme-court writ-of-certiorari Was Petitioner denied due process of law and the right to be convicted only upon proof beyond a reasonable doubt?
18-7992 Kessele Livingston v. Lauri Esslinger, et al. Ninth Circuit 2019-02-15 Denied Response WaivedIFP administrative-law child-custody civil-rights due-process evidence government-agencies government-authority standing Does a government agency have the authority to verify the age of a child who is in their custody and the child's mother and father there?
18-7896 Ricardo Montanez-Quinones v. United States First Circuit 2019-02-13 Denied Response WaivedIFP child-pornography distribution evidence knowingly-distributed knowledge plea-agreement prosecutorial-discretion sentencing-enhancement sentencing-guidelines What constitutes sufficient evidence of knowledge to support two-level enhancement for 'knowingly engaging in distribution' of child-pornography under…
18-7944 Jerkeno Wallace v. United States Second Circuit 2019-02-13 Denied Response WaivedIFP confrontation-clause criminal-procedure defendant-rights due-process evidence judicial-discretion non-testifying-defendant remorse remorse-consideration right-to-silence sentencing sentencing-error Was there an error by the court at sentencing when court considered observations of the non-testifying defendant as basis of proving no remorse
18-7950 Marquette Walker v. United States Sixth Circuit 2019-02-13 Denied Response WaivedIFP 4th-amendment constructive-possession criminal-law criminal-procedure due-process evidence evidence-law premises-liability search-and-seizure Does nonexclusive possession of a premises serve to establish constructive possession of items found within the premises?
18-1054 Jason Allen Jackson v. United States Eighth Circuit 2019-02-12 Denied admissibility circuit-split criminal-procedure criminal-prosecution drug-crimes drug-possession due-process evidence evidence-admissibility knowledge-intent prior-conviction prior-convictions Whether the mere fact of a prior drug possession conviction is admissible to show knowledge and intent in a subsequent drug distribution prosecution
18-1046 Virginia Callahan, et al. v. Pacific Cycle, Inc. Fourth Circuit 2019-02-11 Denied Response Waived abuse-of-discretion appellate-review circuit-court-split circuit-split civil-procedure de-novo-review evidence evidence-admissibility evidentiary-ruling hearsay hearsay-evidence judicial-discretion standard-of-review Standard-of-review-for-hearsay-rulings
18-1049 Peter M. Hoffman, et al. v. United States Fifth Circuit 2019-02-11 Denied Amici (3) criminal-law-fraud criminal-procedure criminal-procedure-acquittal criminal-procedure-burden-of-proof criminal-procedure-sufficiency-of-evidence due-process evidence evidentiary-standard jackson-v-virginia judgment-of-acquittal mail-fraud prosecutorial-burden regulatory-ambiguity standard-of-review sufficiency-of-evidence wire-fraud Whether a federal court must grant a motion for judgment of acquittal when, construing the evidence in the light most favorable to the government, evi…
18-7855 Barry Glenn Thunder v. Douglas Weber, Warden Eighth Circuit 2019-02-08 Denied IFP civil-rights criminal-procedure due-process evidence false-accusation ineffective-assistance-of-counsel standing Why was the petitioner arrested on a forensic charge when the videos clearly show the victim's right hand that is clearly seen in the videos to prove …
18-7812 Raheem Wilcox v. New Jersey New Jersey 2019-02-07 Denied Response WaivedIFP adverse-inference adverse-inference-charge civil-rights criminal-procedure criminal-procedure-discovery-rule-3:13-3 discovery discovery-rule due-process evidence new-trial-factual-predicate new-trial-standard post-conviction-relief pre-indictment-destruction pre-indictment-destruction-of-evidence retroactive-application teague-v-lane Whether the New Jersey Supreme Court's decision in State v. W.B should be retroactively applied to the petitioner's case
18-7834 Brent William Bogseth v. Michigan Michigan 2019-02-07 Denied IFP 14th-amendment 5th-amendment closing-argument constitutional-rights criminal-procedure deliberation due-process evidence fair-trial fifth-amendment murder premeditation prosecutorial-misconduct self-incrimination Whether the lack of evidence to show the defendant actually committed the offense of murder means premeditation and deliberation cannot exist, or if t…
18-7846 Reginald Hough v. United States Sixth Circuit 2019-02-07 Denied Response WaivedIFP 4th-amendment confrontation-clause evidence expert-testimony fifth-amendment lay-witness police-procedure probable-cause search-warrant totality-of-circumstances Was there probable cause for the search warrant?
18-7781 Juan Ramone Lopez v. Jeff Noble, Warden Ohio 2019-02-06 Denied Response WaivedIFP age-misrepresentation age-misrepresentation-at-arrest age-of-majority birth-certificate birth-date-verification civil-rights constitutional-privilege criminal-procedure due-process evidence foreign-national habeas-corpus juvenile-offender standing state-courts Whether a person's misrepresentation of his age at the time of arrest or the person's birth date in a court of law should be considered
18-7764 Marcellus French v. Illinois Illinois 2019-02-05 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-rights criminal-procedure due-process evidence judicial-error standard-of-review Did the appellate court abuse its discretion in finding that the evidence of prior acts was admissible and justified according to FRE 404(b), when the…
18-7766 Rishawn Lamar Reeder v. Cecelia Reynolds, Warden Fourth Circuit 2019-02-05 Denied Response WaivedRelisted (2)IFP alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony Did the court err in finding trial counsel ineffective
18-7746 Joseph Davis v. United States First Circuit 2019-02-04 Denied Response WaivedIFP thereby rendering the use of evidence uncovered d constitutional-rights criminal-procedure evidence florida-v-wells fourth-amendment inventory-search probable-cause ruse search-and-seizure Whether errors in an inventory search report are indicative of a 'ruse' under Florida v. Wells, thereby rendering the use of evidence uncovered during…
18-7757 William Davenport v. James Falk, Warden, et al. Tenth Circuit 2019-02-04 Denied IFP criminal-procedure dna dna-evidence dna-testing due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel res-gestae witness-identification Whether trial court erred in admitting evidence of DNA testing from mixed samples
18-7717 Byrion Demeco Ferguson v. United States Fifth Circuit 2019-02-01 Denied Response WaivedIFP 1B1.3 amendment appellate-review constitutional criminal-procedure evidence judicial-discretion plain-error sentencing-guidelines u.s-sentencing-commission u.s.-sentencing-commission Whether the trial court committed plain error by admitting insufficient evidence applied by the pre-amendment 1B1.3 version of the U.S. Sentencing Gui…
18-7698 Lawrence Andrew Ingram v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-31 Denied Response WaivedIFP appellate-review constitutional-rights contemporaneous-objection criminal-procedure criminal-procedure-appeal-evidence-waiver-contempo definitive-ruling evidence habeas-corpus ineffective-assistance trial-procedure waiver Does trial counsel waive a defendant's right to appellate review of an erroneous ruling on evidence if counsel chooses not to object to the ruling whe…
18-7641 Arturo Huerta v. Ron Davis, Warden Ninth Circuit 2019-01-30 Denied IFP civil-rights constitutional-law criminal-procedure due-process evidence jury-instructions sentencing Whether the natural and probable consequences of a criminal act can support a conviction for second-degree murder under the 'natural and probable cons…
18-7625 Thomas Florence v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-29 Denied IFP civil-rights criminal-procedure due-process evidence jurisdiction sentencing standing Can the sites of the United States government maintain a valid conviction based on a DNA report that does not prove beyond a reasonable doubt to suppo…
18-7634 Lincoln E. Fox v. Neil Turner, Warden Sixth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure due-process evidence evidentiary-error fair-trial ineffective-assistance ineffective-assistance-of-counsel victim-testimony witness-testimony Whether the trial court's admission of a videotaped statement of the victim violated the defendant's right to a fair trial
18-7611 Terrance E. Everett v. Delaware Delaware 2019-01-28 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-issues court-of-appeals criminal-procedure due-process evidence legal-interpretation officer-discretion police-misconduct public-policy standing suspect-authority Whether the lower Court and the Delaware Supreme Court erred, and abused their discretion, with regards to the lower Court's denial of a mistrial and …
18-7571 Gabriel Cervantes Valencia v. Dave Davey, Warden Ninth Circuit 2019-01-25 Denied Relisted (2)IFP 14th-amendment 5th-amendment 6th-amendment brady-violation constitutional-rights criminal-procedure due-process evidence jurisdiction Whether the Civcurh, Districk and Strode Courts denials and akesmissals of Petihwners BRADY VIOLATION Claim violate pebbroners bye Process Rights Guav…
18-7582 Ralph Nicholas Canete v. Chuck Keeton, Warden Ninth Circuit 2019-01-25 Denied IFP compulsory-process constitutional-rights criminal-procedure due-process evidence fair-trial fifth-amendment fourteenth-amendment material-evidence sixth-amendment Whether the destruction of material evidence by the government violates the right to due process
18-7514 Toni R. Palmer v. Kaiser Foundation Hospitals Technology Risk Office Tenth Circuit 2019-01-24 Denied IFP case-merits civil-procedure complaint-analysis court-procedure due-process evidence evidentiary-standards judicial-review legal-interpretation pleadings standing summary-judgment Whether the district court and appeals court erred when they granted the defendant's motion to dismiss despite evidence submitted by the plaintiff tha…
18-7553 Elmos D. Hopkins v. Robert Dooley, Warden, et al. Eighth Circuit 2019-01-24 Denied IFP civil-rights confession confrontation-clause criminal-procedure due-process evidence ineffective-assistance-of-counsel jury jury-instructions right-to-counsel witness Whether a defendant can be convicted by a jury when two key witnesses (owners of the home) were not allowed to testify
18-961 Mitchell R. Swartz v. United States Patent and Trademark Office, et al. Federal Circuit 2019-01-24 Denied Response WaivedRelisted (2) 35-usc-145 35-usc-section-145 administrative-law civil-rights due-process evidence evidence-review judicial-procedure patent patent-application patent-law-35-usc-145 patent-office standing takings Whether the court erred in not being consistent with prior Supreme Court decisions regarding the requirement of 35 U.S.C. §145 claims to address new e…
18-7525 Delexsia Harris v. United States Eleventh Circuit 2019-01-23 Denied Response WaivedIFP criminal-procedure evidence evidence-suppression federal-rules-of-evidence judicial-discretion old-chief-v-united-states prejudicial-evidence prejudicial-information prior-bad-acts rule-403 Should the analysis utilized in Old Chief v. United States control in determining whether prejudicial information should have been excluded in the def…
18-7501 GwanJun Kim v. Grand Valley State University, et al. Sixth Circuit 2019-01-22 Dismissed Response WaivedIFP civil-procedure complaint dismissal due-process evidence factual-findings jurisdiction marshal service-of-process standing summons time-limits Whether the district court erred in dismissing the complaint for failure to serve the defendants within the time period required by Rule 4(m) of the F…
18-7445 Lennis A. George v. Jason Kent, Warden Fifth Circuit 2019-01-16 Denied Response WaivedIFP attempted-manslaughter constitutional-provisions criminal-law criminal-procedure due-process evidence fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence procedural-history standard-of-review Whether there was sufficient evidence to convict Lennis George of attempted manslaughter?
18-7414 Ray McArthur Freeney v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-15 Denied Amici (1)IFP 28-usc-2254 civil-procedure civil-rights due-process evidence habeas-corpus material-evidence notice-and-hearing procedural-fairness state-court state-court-deference statutory-interpretation Whether deference is accorded to a state court decision under 28 U.S.C. §2254(d) where the state court received and relied upon material evidence and …
18-7437 Damilola Animashaun v. William Schmidt, et al. Second Circuit 2019-01-15 Denied Relisted (2)IFP civil-procedure civil-rights due-process evidence jurisdiction standing Whether the Plaintiff provided sufficient evidence to support his claims?
18-7400 Damion Sleugh v. United States Ninth Circuit 2019-01-14 Denied Response WaivedIFP appellate-review co-defendant-testimony criminal-procedure discovery due-process evidence fifth-amendment first-amendment impeachment impeachment-evidence witness-credibility Whether the need for sealing a co-defendant's subpoena applications ends once the co-defendant changes his plea and testifies for the Government at tr…
18-7407 Azaniah Blankumsee v. Circuit Court of Maryland, Washington County, et al. Fourth Circuit 2019-01-14 Denied IFP civil-procedure civil-rights due-process evidence immunity injunctive-relief standing Did The lower Court err in Granting Absolute Immunity to All defendants, Refusing and Dismissing his Claims for Injunctive Relief, and in Denying Indi…
18-7376 Scott Peters v. Nancy A. Berryhill, Acting Commissioner of Social Security Seventh Circuit 2019-01-11 Denied IFP administrative-law civil-rights due-process equal-protection evidence standing Whether the records used by the Commissioner as substantial evidence were found to be clearly erroneous
18-7308 Ronnie Junior Rodriguez v. United States Eleventh Circuit 2019-01-09 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence expert-testimony expert-witness federal-agent jury-instructions photographic-evidence pro-se-defense prosecutorial-misconduct witness-testimony Whether the defendant's due process rights were violated when the government presented unreliable expert testimony and improperly influenced the jury
18-7318 Jesus Gomez v. California California 2019-01-09 Denied IFP burglary criminal-procedure due-process evidence evidence-admission fair-trial fifth-amendment fourteenth-amendment uncharged-burglaries Whether admission of evidence of uncharged burglaries violated petitioner's rights to a fair trial and due process
18-7330 Michael Anthony Garrett v. United States Eighth Circuit 2019-01-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure defense-theory due-process evidence fifth-amendment jury-instructions right-to-present-defense sixth-amendment trial-evidence Whether a defendant's constitutional right to present a defense encompasses the right to have the jury instructed on a theory of defense that constitu…
18-7245 Ronnie Junior Rodriguez v. United States Eleventh Circuit 2019-01-08 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence false-declaration federal-rules-of-evidence hearsay legal-procedure perjury self-incrimination standing witness-testimony Whether the petitioner's Fifth Amendment right against self-incrimination was violated when the government presented hearsay evidence against him at t…
18-7290 Muhamet Ajvazi v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-08 Denied IFP constitutional-rights constitutional-violation criminal-procedure due-process enhancement evidence judicial-review prior-conviction prior-convictions remand reversal sentencing Whether the court should reverse and remand due to the admission of evidence of prior conviction used as enhancement that was not fulfilled
18-7291 Dillon Wade Thompson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-08 Denied IFP constitutional-rights criminal-law criminal-procedure deliberation digital-cameras due-process evidence evidence-admissibility judicial-discretion jury jury-deliberations lewd-exhibition prosecutorial-misconduct trial Is it a violation of a defendant's Due Process rights if, while deliberating, the fact-finder viewed evidence that was not shown at trial, even if sai…
18-7303 Joel Rivera v. United States Seventh Circuit 2019-01-08 Denied Response WaivedIFP advance-knowledge aiding-and-abetting armed-robbery credibility-of-witness credible-witness criminal-intent due-process evidence firearm-use new-trial prosecutorial-discretion seventh-circuit witness-credibility Whether Rosemond v. United States was wrongly interpreted and applied
18-875 Albert G. Hill, III, et al. v. PBL Multi-Strategy Fund, L.P. Fifth Circuit 2019-01-08 Denied Response Waived appellate-procedure appellate-review circuit-courts circuit-split civil-procedure evidence evidence-standards judicial-review procedural-uniformity remand standards-of-review summary-judgment uniform-standards Should the Court grant the petition, vacate the judgment below, and remand to the District Court for further proceedings, because the Court of Appeals…
18-7272 Juan Pablo Arreola v. United States Second Circuit 2019-01-07 Denied Response WaivedIFP cocaine-trafficking criminal-procedure criminal-procedure-evidence due-process evidence evidence-admission indictment-scope jury-instructions prosecutorial-misconduct sentencing standards-of-review Whether evidence of uncharged cocain trafficking was admitted erroneously
18-7228 Dashawn D. Brown v. United States Fourth Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release Whether the sentencing court erred in admitting hearsay statements as excited utterances
18-856 Serge Antonin v. Baltimore Police Department Maryland 2019-01-04 Denied Response Waived accardi-v-shaughnessy administrative-hearing administrative-law constitutional-law due-process evidence law-enforcement police-misconduct prejudice procedural-rights state-agency state-agency-regulations Whether United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954) is constitutional law binding upon the State of Maryland?
18-7200 Dayvon Bryan Riley v. United States Fourth Circuit 2019-01-02 Denied Response WaivedIFP actual-innocence equitable-analysis evidence evidence-claim federal-habeas habeas-corpus legal-sufficiency schlup-standard schlup-v-delo Whether a petitioner's claim in a federal habeas case that it is logically impossible that they committed an element of the offense is an actual innoc…
18-7206 Christopher Thomas Kegler v. United States Ninth Circuit 2019-01-02 Denied Response WaivedIFP 4th-amendment 5th-amendment constitutional-interpretation criminal-procedure due-process evidence legal-precedent miranda-rights search-and-seizure self-incrimination supreme-court-review Should this Court reconsider and reverse Schneckloth v. Bustamente
18-7183 Christopher Jude Martin v. United States Ninth Circuit 2018-12-27 Denied Response WaivedIFP consequential-damages criminal-law criminal-valuation damages enhancements evidence legal-damages property-damage restitution restitution-order sufficiency-of-evidence valuation Whether there was sufficient evidence that the value of the items at the time that Mr. Martin damaged them was over $1,000?
18-7190 Zachary Q. Wicks v. Jon H. Radnothy, et al. Florida 2018-12-27 Denied IFP appeal constitutional-rights due-process evidence fourteenth-amendment judicial-procedure medical-malpractice statute-of-limitations testimony trial-court Did the trial court deny Petitioner's due-process rights when it refused to allow testimony or review evidence presented in support of Petitioner's as…
18-7165 Drakile Leroy Jones v. Michigan Michigan 2018-12-21 Denied IFP confrontation-clause crawford-precedent crawford-v-washington criminal-procedure due-process evidence michigan-supreme-court sixth-amendment standing state-court-appeal supervisory-power williamson-v-united-states Whether the decision of the Michigan Court of Appeals conflicts with Crawford v. Washington?
18-7137 Jamie R. Madrigal v. Ohio Ohio 2018-12-20 Denied IFP 14th-amendment 5th-amendment brady-v-maryland brady-violation constitutional-rights conviction criminal-procedure due-process evidence ineffective-assistance res-judicata statutory-interpretation May withholding exculpatory and impeaching evidence be disregarded and/or used to obtain or sustain a conviction?
18-7110 James M. Flinn v. Mike Parris, Warden Sixth Circuit 2018-12-19 Denied Response WaivedIFP criminal-procedure due-process evidence fourteenth-amendment indictment indictment-allegations insufficient-evidence jury-instructions reasonable-doubt sufficiency-of-evidence Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause
18-7050 Javier Portillo v. United States Ninth Circuit 2018-12-17 Denied Response WaivedIFP border-crossing border-search criminal-evidence criminal-procedure drug-trafficking due-process evidence jury knowledge-standard mens-rea narcotics-possession ninth-circuit standard-of-proof sufficiency-of-evidence trial-sufficiency Whether the Ninth Circuit's analysis of the facts was inadequate
18-763 Chaka Fattah, Sr. v. United States Third Circuit 2018-12-14 Denied 6th-amendment circuit-split criminal-procedure deliberations due-process evidence judicial-discretion juror-removal jury-unanimity misconduct-standard standard-of-review Whether a district court must determine that there is no possibility that allegations of juror misconduct stem from the juror's view of the evidence t…
18-7024 Jacques Villafana v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2018-12-13 Denied Response WaivedIFP civil-rights constitutional-challenge destruction-of-evidence due-process evidence evidence-destruction notice notice-requirement post-trial post-trial-procedure statutory-interpretation Whether the Virginia statutes, when applied in Petitioner's case, that allow for the destruction of evidence — post-trial — without notice are unconst…
18-6991 Julius King Rambo, III v. Kansas Tenth Circuit 2018-12-11 Denied IFP civil-rights constitutional-law constitutional-rights corpus-delecti corpus-delicti criminal-intent criminal-law criminal-procedure due-process evidence falsification-of-evidence perjury statutory-interpretation Whether it is legal, lawful, and constitutional for states to manipulate distinctly explained statutes in order to present charges
18-6935 Joshua Donald Ewing v. United States Sixth Circuit 2018-12-06 Denied Response WaivedIFP criminal-evidence criminal-procedure drug-transaction due-process electronic-device-evidence evidence jackson-v-virginia registration standard-of-proof user-identification Whether this Court's Opinion in Jackson v. Virginia, 443 U.S. 307, 319 (1979) needs updating to address what constitutes sufficient evidence, in ident…
18-6910 Elseddig Elmarioud Musa v. United States Ninth Circuit 2018-12-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-sufficiency fraud-allegations judicial-discretion jury-instructions motion-for-acquittal prosecutorial-misconduct rule-29-motion sufficiency-of-evidence Whether the district court improperly denied Musa's Rule 29 motion
18-6894 David Crosby v. United States Ninth Circuit 2018-12-03 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process evidence improper-vouching judicial-precedent legal-standard prosecutorial-misconduct Whether the Ninth Circuit's holding conflicts with the Seventh Circuit's and this Court's precedent as it concerns improper vouching
18-6873 Angela Armenta v. United States Seventh Circuit 2018-11-29 Denied Response WaivedIFP 5th-amendment-6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fifth-amendment jury reasonable-doubt sentencing sixth-amendment Is the absence of evidence probative evidence of proof beyond a reasonable doubt?
18-6814 Patricia Ann Gerald, et al. v. Virginia Virginia 2018-11-26 Denied Response WaivedIFP civil-procedure civil-rights due-process evidence free-speech police-misconduct standing Whether the officer's actions in refusing to allow the petitioners to view the video recording of the incident and denying their request for legal cou…
18-6791 Benjamin Bland v. United States Fourth Circuit 2018-11-23 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination evidence evidence-admissibility government-evidence harmless-error hearsay sixth-amendment social-security-administration trial-procedure Whether petitioner's Sixth Amendment right to confront witnesses was violated
18-6792 Christopher W. Fillmore v. Indiana Bell Telephone Company, Inc. Seventh Circuit 2018-11-23 Denied Response WaivedIFP circuit-court circuit-split civil-procedure cross-motions district-court equitable-remedies evidence evidence-sufficiency evidentiary-insufficiency judicial-discretion representation-resources summary-judgment Whether the district court and Seventh Circuit erred in granting summary judgment for Indiana Bell despite finding that both parties submitted 'sparse…
18-657 Justin Grimsrud v. Department of Transportation Federal Circuit 2018-11-21 Denied administrative-law administrative-procedure civil-rights civil-service drug-testing due-process employment employment-law evidence property-interest property-rights Was petitioner deprived of a fair and meaningful opportunity to protect his property interest when he was denied the opportunity to access and examine…
18-6786 Curtis J. Hill v. Joe A. Lizarraga, Warden Ninth Circuit 2018-11-21 Denied IFP cause-of-death confrontation-clause due-process evidence expert-reports expert-testimony habeas-corpus medical-evidence pro-se pro-se-filing unreasonable-determination unreasonable-factual-findings Whether the California Court of Appeal unreasonably determined the facts critical to a Confrontation Clause analysis of the introduction of a non-test…
18-6750 Rita Pultro v. Pennsylvania Pennsylvania 2018-11-20 Denied Response RequestedRelisted (2)IFP codefendant codefendant-confession confession confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay redaction sixth-amendment Should a court look beyond the four corners of a nontestitying codefendant's confession to determine if introduction of the confession violates the Co…
18-648 Burdette Searcey, et al. v. James L. Dean, et al. Eighth Circuit 2018-11-19 Denied Response RequestedResponse WaivedRelisted (2) 1989 civil-rights constitutional-rights criminal-investigation criminal-trial due-process evidence false-evidence false-evidence-manufacture law-enforcement-liability manufacture-of-false-evidence municipal-liability qualified-immunity reckless-evidence-gathering substantive-due-process voluntary-plea Whether a law enforcement officer violated substantive-due-process rights by recklessly gathering unreliable evidence
18-6728 Francisco R. Quintana v. Colorado Colorado 2018-11-19 Denied IFP constitutional-claims criminal-procedure defense-evidence due-process evidence exclusion-of-evidence fourteenth-amendment materiality-requirement right-to-present-defense sixth-amendment What showing must a defendant make to establish that the erroneous exclusion of defense evidence at trial violated the defendant's Sixth and Fourteent…
18-6726 Billy Brantley v. Indiana Indiana 2018-11-16 Denied Response WaivedIFP 14th-amendment burden-of-proof charged-offense constitutional-law criminal-procedure due-process evidence fourteenth-amendment jury jury-instructions reasonable-doubt Where the State must present 'some' evidence of a particular fact before a jury may find a defendant guilty of a charged offense, does the Due Process…
18-6691 Delilah McCurtis v. Maggie Burke, Warden Seventh Circuit 2018-11-14 Denied Response WaivedIFP criminal-procedure due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-consistent-statements prior-inconsistent-statements witness-testimony Where petitioner was denied a fair trial due to the introduction of prior inconsistent statements
18-6697 Kevin Marquette Bellinger v. United States Fourth Circuit 2018-11-14 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where…
18-6651 Antonio Cobb v. Florida Florida 2018-11-13 Denied IFP criminal-defense criminal-procedure due-process evidence evidence-admission fourteenth-amendment fundamental-fairness right-to-fair-trial statement-against-interest trial-procedure Whether the trial judge denied the petitioner a trial in accord with fundamental standards of due process under the Fourteenth Amendment by preventing…
18-6654 In Re Gary Ray Debolt 2018-11-13 Denied Relisted (2)IFP brady-v-maryland civil-rights conviction criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct Is it in violation of the fifth Amendment and Brady v. Maryland to convict a person with the use of false and manipulated evidence?
18-6655 Andrew John Miller v. Duncan MacLaren, Warden Sixth Circuit 2018-11-13 Denied IFP 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process evidence preliminary-examination right-to-counsel sixth-amendment witness-testimony Whether the admission of a Preliminary Examination transcript violated the Petitioner-Appellant's 6th Amendment right to confront the witness
18-6678 Jermeal White v. Charmaine Bracy, Warden, et al. Sixth Circuit 2018-11-13 Denied Response WaivedIFP appellate-procedure certificate-of-appealability civil-rights constitutional-rights criminal-procedure due-process evidence federal-courts habeas-corpus standing Whether the United States Court of Appeals for the Sixth Circuit erred in denying petitioner's Certificate of Appealability under the law
18-6615 Eugene Riley, III v. Stephanie Dorethy, Warden Seventh Circuit 2018-11-08 Denied IFP 6th-amendment criminal-justice due-process evidence jury-instructions law legal-assessment legal-principles separateness-of-events Whether Ritey was denied his 6th Amendment right to have his jury assessed with instructions on the application of legal principles to the evidence an…
18-6616 Maria I. Sanutti-Spencer v. Pennsylvania Pennsylvania 2018-11-08 Denied Response WaivedIFP confrontation-clause criminal-motive criminal-procedure decedent's-drug-addiction decedent's-drug-dealing decedent's-motive decedent's-physical-abuse defendant's-health-issues due-process evidence evidence-exclusion lay-opinion-testimony right-to-complete-defense right-to-present-defense trial-procedure witness-testimony Does excluding evidence of another's motive, of the decedent's drug addiction, drug dealing, his physical abuse of the defendant and the defendant's s…
18-6619 Dominic C. Robinson v. Mississippi Mississippi 2018-11-08 Denied Response WaivedIFP but the text you've provided appears to be incomp comprehensible text of a SCOTUS petition garbled I cannot extract a meaningful question presented I will respond with: 'Question not identified." or unreadable. Without a clear appeal civil-rights criminal-procedure due-process evidence exculpatory-evidence jury-instructions miranda-rights standing Whether jury instruction 5/4A was improper?
18-6634 Leandro Leonel Gonzalez v. F. Armenta, et al. Ninth Circuit 2018-11-08 Denied IFP access-to-courts civil-rights constitutional-rights correctional-officers due-process evidence first-amendment free-speech Is there a right to have-a-witness in the Due-Proc mail-communication prisoner-rights witness-testimony Is there a right to outgoing mail in the First Amendment?
18-6636 James Edward Griffin v. Eric Arnold, Warden Ninth Circuit 2018-11-08 Denied IFP due-process evidence evidence-admission fair-trial fourteenth-amendment gang jury-instructions misconduct motorcycle-gang prosecutorial-misconduct Was appellant deprived of a fair trial and due process of law under the Fourteenth Amendment to the United States Constitution when the trial court al…
18-6613 Hector R. DeJesus v. Salvador A. Godinez, et al. Seventh Circuit 2018-11-07 Denied Response WaivedIFP admissible-evidence civil-procedure declaration evidence judgment-as-matter-of-law material-fact material-facts motion perjury summary-judgment sworn-declaration Did the defendants show there were no material issues in dispute and that they were entitled to judgment as a matter of law?
18-574 Joseph Rachal v. United States First Circuit 2018-11-02 Denied Response Waived 6th-amendment bifurcated-trial bifurcation criminal-procedure due-process evidence evidence-admissibility felon-in-possession felony-conviction firearm-possession jury-instructions jury-prejudice prejudice prejudicial-evidence Is it unduly prejudicial for a jury to be exposed to the toxic evidence that the defendant is a convicted felon before even determining whether the de…
18-6542 Mauricio Licea v. United States Ninth Circuit 2018-11-02 Denied Response WaivedIFP civil-procedure dual-role due-process evidence expert-testimony expert-witness jury-instruction jury-instructions law-enforcement law-enforcement-testimony lay-witness trial-procedure Whether district courts must give a dual-purpose jury instruction after a law enforcement officer testifies as both an expert and a percipient witness
18-6531 Tyler G. Eppes v. United States Armed Forces 2018-11-01 Denied Response WaivedIFP due-process evidence evidence-suppression inevitable-discovery military-magistrate personal-bags scope-of-search scrivener's-error search-authorization search-warrant serivener's-error Was this an error?
18-6546 Alexander Castellano-Benitez v. United States Eighth Circuit 2018-11-01 Denied Response WaivedIFP brady-v-maryland criminal-procedure due-process eighth-circuit evidence exculpatory-evidence Judicial-Precedent precedent Procedural-Review prosecutorial-misconduct Writ-of-Certiorari Should a writ of certiorari be granted to determine if the Eight Circuit and the lower court erred in failing to follow this court's prior precedent i…
18-6485 Richard Elliott Cain v. Washington Washington 2018-10-29 Denied IFP 6th-amendment character-evidence constitutional-rights criminal-procedure criminal-procedure-evidence due-process evidence fair-trial jury-instruction jury-instructions propensity-evidence search-warrant Whether the trial court erred in failing to give the jury a limiting instruction after permitting character and propensity evidence
18-530 Congregation Jeshuat Israel v. Congregation Shearith Israel First Circuit 2018-10-24 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) charitable-trusts diversity-jurisdiction erie-doctrine establishment-clause evidence federalism free-exercise free-exercise-clause personal-property property property-dispute religious-liberty secular-evidence trust trust-law In ordinary trust and property disputes, does the Establishment Clause preclude courts from considering secular evidence that is relevant and admissib…
18-6426 Jonathan Eugene Brunson v. North Carolina, et al. Fourth Circuit 2018-10-24 Denied Response WaivedIFP 14th-amendment civil-rights due-process evidence evidence-access exhaustion-requirement heck-v-humphrey muhammad-v-close pennsylvania-v-ritchie section-1983 state-prisoners Whether the Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) requirement for state prisoners to exhaust the state court remedy when applying to a section…
18-6406 Daniel Tappen v. Florida Florida 2018-10-23 Denied Response WaivedIFP attorney-client-privilege attorney-client-relationship constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel law-enforcement right-to-counsel sixth-amendment Whether a defense attorney renders ineffective assistance of counsel
18-6371 Tyrell Henderson v. United States Ninth Circuit 2018-10-18 Denied Response WaivedIFP credibility criminal-procedure evidence jury-instructions mistrial prior-conviction Whether a mistrial should have been declared after the prosecutor improperly introduced evidence of the defendant's prior federal conviction where the…
18-491 Cameron Heath Ray v. Oklahoma Oklahoma 2018-10-17 Denied appellate-division circuit-split criminal-evidence criminal-procedure evidence fourth-amendment immediate-mobility law-enforcement mobility probable-cause search-and-seizure vehicle-search vehicle-seizure Whether it violates the Fourth Amendment to characterize a criminal suspect's car as evidence of a crime when the car is not used in the crime at issu…
18-6355 Christian Dominique Scott v. United States Fifth Circuit 2018-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence parole revocation sentencing supervised-release Whether supervised release revocation defendants enjoy a limited right of cross-examination
18-6368 Dean Edward Calhoun v. Texas Texas 2018-10-17 Denied IFP access-to-courts civil-procedure civil-rights constitutional-violations due-process equal-protection evidence standing state-law texas-criminal-justice Whether the Texas criminal justice system violated the petitioner's constitutional rights by denying them due process, equal protection, and access to…
18-6336 Chamontae Walker v. United States District of Columbia 2018-10-16 Denied IFP brady-disclosure brady-v-maryland constitutional-rights criminal-procedure disclosure due-diligence due-process evidence evidence-disclosure exculpatory-evidence prosecutorial-duty Is the government relieved of its Brady v. Maryland duty to disclose evidence favorable to the accused if the defense could obtain the evidence throug…
18-6341 John William Lieba, II v. United States Ninth Circuit 2018-10-16 Denied Response WaivedIFP appeal appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence jury legal-standard standard-of-review sufficiency-of-evidence Whether sufficient evidence existed to convict Mr. Lieba?
18-6305 Igor Polshyn v. United States Eleventh Circuit 2018-10-12 Denied Response WaivedIFP constitutional-law criminal-procedure due-process evidence reversal right-to-testify structural-error testimony Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutional…
18-6307 Lorenzo Micquell Latimer v. Jeff Macomber, Warden Ninth Circuit 2018-10-12 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-record due-process evidence evidence-code harmless-error ineffective-assistance plain-error prior-criminal-record When unacceptable insufficient evidence is portrayed upon the Defendant within a criminal case, by way of prior criminal record; does 'harmless error'…
18-6313 Lacoya Washington v. United States Fifth Circuit 2018-10-12 Denied Response WaivedIFP appeal conviction criminal-evidence criminal-law due-process evidence judicial-discretion sentencing sex-trafficking trial trial-severance Whether there was sufficient evidence presented at trial to convict Lacoya Washington of the sex-trafficking-crime
18-6265 Samuel Silva v. United States Tenth Circuit 2018-10-10 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure criminal-statute evidence evidence-prejudice federal-firearms federal-rule-403 federal-rules-of-evidence felon-in-possession felon-possession firearm-possession jury-instruction jury-instructions prejudice prejudicial-evidence probative-value rule-403 Whether the practice of telling juries in a 18 U.S.C. § 922(g)(1) prosecution that the defendant is a previously-convicted felon should be excluded un…
18-6273 Antoine Davis v. United States Third Circuit 2018-10-10 Denied Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure constitutional-rights due-process evidence evidence-exclusion fair-trial fifth-amendment government-witness ineffective-assistance-of-counsel plain-error sixth-amendment Whether the Lower Court Misapprehended its Abuse of discretion when the lower court excluded evidence of the Government witness, which evidence was pu…
18-6245 Johnny Kirkland v. Progressive Insurance Company, et al. Alabama 2018-10-09 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights directed-verdict due-process evidence motion-to-dismiss right-to-counsel standing Whether Raymond Lofer vs Wonton, and Negligence
18-426 Anica Ashbourne v. Donna Hansberry, et al. District of Columbia 2018-10-03 Denied Response Waived administrative-law agency-procedure arnett-v-kennedy codd-v-velger due-process evidence meaningful-opportunity-to-be-heard notice notice-of-termination personnel-records privacy-act privacy-act-5-usc-552a-e-5 third-party-verification Whether the D.C. Circuit erred in its rulings on the Privacy Act's verification requirement and the due process right to a meaningful opportunity to b…
18-414 Carl M. Burnett v. Panasonic Corporation, et al. Federal Circuit 2018-10-02 Denied Response Waived 35-usc-101 analog-signal civil-procedure digital-data digital-signal electromagnetic-signal electronic-data evidence patent-eligibility patent-eligibility-35-usc-101 subject-matter-eligibility tangible-embodiment Whether electronic data is the tangible embodiment of an electromagnetic analog or digital signal and is therefore patent-eligible subject matter
18-6176 Michael Lucero v. California California 2018-10-02 Denied IFP 6th-amendment confrontation-clause constitutional-rights criminal-evidence criminal-procedure domestic-violence due-process evidence fourteenth-amendment prior-acts propensity propensity-evidence Whether the admission of prior acts of domestic violence to establish the petitioner's propensity to commit such crimes violated his right to due proc…
18-6151 Claude Thelemaque v. United States Eleventh Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP burden-of-proof cocaine-distribution conspiracy criminal-law criminal-law-procedure drug-trafficking due-process evidence evidence-admissibility jurisdiction standard-of-proof witness-testimony Whether the government failed to prove beyond a reasonable doubt that Thelemaque conspired to distribute cocaine with knowledge that it would be impor…
18-6152 M. E. D. v. New Jersey New Jersey 2018-10-01 Denied Relisted (2)IFP child-endangerment criminal-procedure due-process evidence evidence-law fair-trial jury-instruction jury-instructions other-wrongs-evidence second-degree-child-endangerment victim-testimony witness-testimony Did the trial court violate petitioner's right under the due process clause to a fair trial when the court failed to instruct the jury properly on a k…
18-6159 Charlise Williams v. United States Seventh Circuit 2018-10-01 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence loss-calculation sentencing sixth-amendment victim-count Was the Petitioners Sixth Amendment right, under the Confrontation Clause violated?
18-401 Faye Rennell Hobson v. James Mattis, Secretary of Defense Sixth Circuit 2018-09-28 Denied Response WaivedRelisted (2) bias civil-rights constitutional-rights due-process due-process-violation evidence fifth-amendment judicial-bias legal-standard pro-se pro-se-litigant united-states-constitution What is the level of bias that must be demonstrated before it constitutes a violation of a pro se litigant's right to due process guaranteed by the Fi…
18-6124 Sherman Washington, aka Sherman Lance Washington v. Carmen Denise Palmer, Warden Sixth Circuit 2018-09-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence evidence-admission fair-trial fair-trial-denial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mre-404b other-bad-acts other-bad-acts-testimony res-gestae sixth-amendment Whether petitioner was denied a fair trial by the admission of irrelevant other bad acts testimony
18-6105 John Patrick Wallace v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-09-26 Denied IFP civil-procedure civil-rights due-process evidence exculpatory exculpatory-evidence fourteenth-amendment impartial-tribunal witness witness-rights Was the petitioner denied an impartial tribunal under the Due Process Clause of the Fourteenth Amendment?
18-5988 Master Baye Balah Allah v. Brian Wilson, et al. Second Circuit 2018-09-14 Denied IFP 28-usc-1915-e abuse-of-discretion appellate-review civil-procedure civil-procedure,standing,due-process,abuse-of-disc court-of-appeals due-process evidence federal-statute legal-standard lower-court standing Whether the court of appeals abused its discretion
18-5993 Douglas Roy Burns v. Connie Horton, Warden Sixth Circuit 2018-09-14 Denied Response WaivedIFP criminal-law criminal-procedure due-process evidence jury-instructions mens-rea specific-intent Whether a state court must constitutionally recognize and allow a defense in the form of testimony and/or other relevant evidence which disproves the …
18-5999 Joe Litton Bailey v. Louisiana Louisiana 2018-09-14 Denied IFP criminal-conviction criminal-procedure due-process evidence habitual-offender jury-trial reasonable-doubt sentencing-enhancement sufficiency-of-evidence Was the evidence presented to the jury sufficient to convict Bailey beyond a reasonable doubt?
18-5956 James E. Whitney v. Arkansas Arkansas 2018-09-12 Denied Response WaivedIFP appeal civil-procedure civil-rights criminal-procedure due-process evidence patent search-and-seizure standing takings Whether the petitioner's constitutional rights were violated by the state court's denial of his motion to suppress evidence obtained in violation of t…
18-5938 Mark David Bailey v. Noah Nagy, Warden Sixth Circuit 2018-09-11 Denied Response WaivedIFP brady-violation constitutional-error criminal-procedure due-process evidence expert-evidence habeas-corpus sixth-amendment sixth-circuit-review suppression-of-evidence Can a fairminded jurist exclude expert evidence indicating that someone else committed a murder based solely on the jurist's lay disagreement with the…
18-5916 Juan Flores v. United States Eighth Circuit 2018-09-07 Denied Response WaivedIFP admissibility casual-conversation co-conspirator co-conspirator-statement co-conspirator-statements conspiracy conspiracy-evidence criminal-procedure evidence evidentiary-standard federal-rule-of-evidence federal-rules-of-evidence furtherance-of-conspiracy hearsay-exception Whether the District Court and Eighth Circuit Court of Appeals erred in ruling that a statement made during a casual conversation between co-conspirat…
18-5885 Kenneth Kennedy Shannon v. United States Fourth Circuit 2018-09-05 Denied Response WaivedRelisted (2)IFP criminal-procedure drug-trafficking due-process evidence heroin-quantity motion-for-acquittal motion-for-new-trial motion-to-suppress search-and-seizure sentencing sufficiency-of-evidence title-iii-wiretap verdict-acquittal Did the trial court err in denying the Petitioner's Motion for Verdict of Acquittal and for New Trial, because the evidence taken in the light most fa…
18-270 Damian Phillips v. United States Fourth Circuit 2018-09-04 Denied Response Waived article-iii article-iii-standing civil-forfeiture civil-procedure due-process evidence lujan-test procedural-standing standing summary-judgment third-party-evidence Whether a claimant in a civil forfeiture proceeding has established sufficient Article III standing to withstand summary judgment and proceed to trial
18-5747 Javier Amador-Flores v. United States Tenth Circuit 2018-08-31 Denied Response WaivedIFP circuit-split criminal-procedure evidence evidence-law expert-testimony federal-rules-of-evidence law-enforcement lay-opinion lay-opinion-testimony lay-testimony specialized-knowledge witness-testimony When a law-enforcement agent expressly compares the events in a case to what is typical in other cases he has investigated, is his opinion based on 's…
18-5810 Laureano Chirino Rivera v. United States Eleventh Circuit 2018-08-29 Denied Response WaivedRelisted (2)IFP appeal civil-rights constitutional-rights criminal-procedure due-process evidence government-error government-misconduct judicial-error sentencing sentencing-enhancement standing Violation of all constitutional rights, illegal sentence and detention
18-5824 James Eugene Larive, Jr. v. United States Eighth Circuit 2018-08-29 Denied Response WaivedIFP criminal-procedure discovery due-process entrapment evidence fair-trial fourth-amendment parallel-construction search-and-seizure traffic-stop Whether the government's use of 'parallel construction' to conceal the true source of evidence violates the defendant's right to a fair trial
18-250 Tu Ying Chen v. Suffolk County Community College, et al. Second Circuit 2018-08-28 Denied Response Waived civil-procedure civil-rights court-judgment defendant-actions due-process evidence false-evidence judicial-procedure legal-review legal-standards misconduct plaintiff-claims standing wrongful-probation wrongful-termination Was there misconduct by and false evidence submitted by the Defendants?
18-5804 Abdoulaye Diallo v. United States Third Circuit 2018-08-28 Denied Response WaivedIFP criminal-procedure due-process evidence fraud indictment-delay insufficient-evidence loss-calculation motion-for-acquittal prosecutorial-misconduct reasonable-doubt sentencing snap-fraud statutory-interpretation sufficiency-of-evidence Whether the District Court failed to grant Petitioner's motion for acquittal due to insufficient evidence of knowledge of fraudulent SNAP transactions
18-5736 Joshua Moses v. United States Third Circuit 2018-08-24 Denied Response WaivedIFP conflict-of-interest constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel multiplicitous-indictment prosecutorial-misconduct sixth-amendment trial-counsel Whether the Prosecutor's conduct in charging petitioner with a multiplicitous indictment to gain a tactical advantage so infected the trial with unfai…
18-5751 William Burke v. Georgia Georgia 2018-08-24 Denied Response WaivedIFP adversarial-process constitutional-fairness criminal-procedure double-jeopardy due-process evidence evidence-review fair-trial judicial-review jury-instructions post-conviction-review prosecutorial-discretion prosecutorial-misconduct trial-strategy At what point does it become fundamentally unfair to 'adjust the charges to the evidence'?
18-5757 Michael L. Berry v. Walter Nicholson, Warden Seventh Circuit 2018-08-24 Denied Response WaivedIFP appeals civil-rights criminal-procedure due-process evidence habeas-corpus jury-instructions sentencing standing Whether the petitioner's federal constitutional claims were properly presented and preserved for review by the lower courts
18-5686 Dwight Mundle v. United States Second Circuit 2018-08-23 Denied Response WaivedIFP 18-usc-875-c awareness-of-threat criminal-intent criminal-law due-process evidence evidence-sufficiency intent jury prejudicial-effect prior-conduct statutory-interpretation threatening-communication uncharged-conduct witness-testimony Was there enough or even any evidence to prove the conviction of transmitting a threatening communication, in violation of 18 U.S.C. § 875 (c)
18-5712 Jerome A. Christmon v. B&B Airparts, Inc. Tenth Circuit 2018-08-22 Denied IFP 7th-amendment civil-procedure constitutional-rights due-process errata-sheets evidence jury-trial procedural-error summary-judgement summary-judgment uncertified-deposition whether-summary-judgement-based-on-uncertified-deposition-is-admissible
18-221 Carl Mouton v. Arkansas Arkansas 2018-08-21 Denied Response Waived compulsory-process confrontation-clause constitutional-right-to-defense criminal-procedure due-process evidence rape-shield rape-shield-law rape-shield-rule right-to-present-defense sexual-conduct-evidence Whether application of the Arkansas rape shield rule and statute to prevent Mouton from presenting evidence of a sexual relationship between the accus…
18-5646 Syrus Martin v. Georgia Georgia 2018-08-20 Denied Response WaivedIFP child-hearsay child-testimony cross-examination evidence evidence-admissibility evidence-law hearsay hearsay-evidence hearsay-exceptions prior-statements statutory-interpretation testifying-witness witness-statements Whether Georgia's child hearsay statutes or O.C.G.A. § 24-8-801 (d) (1) (A) control the permissible use of the prior statements of a testifying child
18-5664 Chan Cheeseboro v. Little Richie Bus Service, Inc. Second Circuit 2018-08-20 Denied Relisted (2)IFP accident-report civil-procedure deposition discovery district-court due-process evidence false-testimony judicial-discretion judicial-misconduct legal-standing standing witness witness-testimony Why the United States District Court for the Eastern District of New York would allow the law firm of Lewis Bris Bois Bisgaard and Smith LLP. allowed …
18-5614 Alexander Jesus Santiago v. United States Fourth Circuit 2018-08-17 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-admission probable-cause probation prosecutorial-burden resentencing sentencing supervised-release supervised-release-revocation Did the district court improperly revoke Mr. Santiago's supervised release and resentence him despite a lack of evidence that he violated supervised r…
18-5639 Daniel Castleman, aka Chingachgook v. United States Eleventh Circuit 2018-08-17 Denied Response WaivedIFP best-evidence-rule brady-violation confrontation-clause documentary-evidence due-process evidence evidence-certification federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct Did the government commit prosecutorial misconduct and was counsel ineffective for failing to object or move to exclude GX-DC-2
18-5607 Friday Ogunyemi James v. United States Third Circuit 2018-08-16 Denied Response WaivedIFP criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the evide…
18-5609 Michael Alexander LaJeunesse v. Iowa Iowa 2018-08-16 Denied Response WaivedIFP appeals civil-procedure civil-rights criminal-procedure due-process evidence medical-records prosecutorial-misconduct shower-curtain Whether the lower court erred in its analysis of the issues raised in the petition for writ of certiorari
18-5625 Arrion Lee Crew, Jr. v. W. L. Montgomery, Acting Warden Ninth Circuit 2018-08-16 Denied IFP civil-rights due-process evidence ineffective-assistance-of-counsel jury-instructions lesser-included-offense self-defense voluntary-manslaughter Whether the trial court prejudicially erred in failing to instruct on the lesser included offense of voluntary manslaughter
18-5604 Joe Fidel Flores v. W. L. Montgomery, Acting Warden Ninth Circuit 2018-08-15 Denied Response WaivedIFP criminal-procedure due-process evidence expert-testimony gang-expert-testimony jackson-standard jackson-v-virginia ninth-circuit ninth-circuit-review reasonable-doubt standard-of-review sufficiency-of-evidence Under the standard clearly established by this Court in Jackson v. Virginia, can a rational juror find an essential fact beyond a reasonable doubt bas…
18-5566 David Librace v. Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration Eighth Circuit 2018-08-14 Denied Response WaivedIFP civil-procedure civil-rights criminal-procedure due-process evidence residency standing witness-protection Whether the lower court erred in excluding evidence that was relevant to the petitioner's case
18-5557 Matthew Joseph Bussing v. Michigan Michigan 2018-08-13 Denied IFP abuse-of-discretion civil-procedure civil-rights due-process evidence expert-testimony expert-witness standard-of-review supreme-court-precedent Whether the court abused its discretion in permitting a rebuttal witness who was not an expert in pediatric child abuse to testify outside his compete…
18-5564 Travis Colby Curry v. Oregon Oregon 2018-08-13 Denied Response WaivedIFP bad-faith civil-rights criminal-procedure due-process evidence evidence-preservation fourteenth-amendment police-misconduct self-defense surveillance-video Whether the police act in bad faith in contravenes of the Due Process Clause of the Fourteenth Amendment if they fail to collect and preserve surveill…
18-176 Conestoga Trust Services, LLC, as Trustee of the Conestoga Settlement Trust, dated May 1, 2010 v. Sun Life Assurance Company of Canada Sixth Circuit 2018-08-09 Denied civil-procedure direct-evidence disinterested-witness evidence judicial-discretion material-fact material-facts nonmovant reasonable-jury reasonable-jury-standard summary-judgment witness-credibility Whether a court may weigh and discredit direct evidence from a disinterested witness that would prove a material fact, under the guise of applying the…
18-5491 Glen Hughie Lovin, Jr. v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections Tenth Circuit 2018-08-08 Denied IFP civil-rights constitutional-law criminal-history criminal-procedure due-process evidence evidentiary-hearing fair-trial habeas-corpus ineffective-assistance-of-counsel prejudicial-evidence sentencing Whether the trial court erred in admitting prejudicial evidence of the defendant's prior criminal history, resulting in an unfair trial and requiring …
18-5505 Farris Genner Morris v. Tony Mays, Warden Sixth Circuit 2018-08-08 Denied IFP procedurally defaulted ineffective assistance of capital-case equitable-exception evidence federal-habeas federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan post-conviction-relief procedural-default sixth-amendment When Martinez v. Ryan applies to a petitioner's initial federal habeas corpus proceeding, should the petitioner be entitled to application of Martinez…
18-5511 Michael John Tarvin v. Mississippi Mississippi 2018-08-08 Denied Response WaivedIFP 28-usc-2244 civil-rights criminal-procedure dna-evidence due-process evidence false-imprisonment innocence-claim standing successive-petition Whether the Mississippi Supreme Court erred in dismissing the petitioner's application, when the U.S. Court of Appeals denied the petitioner's motion …
18-5513 My Van Tran v. Ed Sheldon, Warden Sixth Circuit 2018-08-08 Denied Response WaivedIFP civil-rights criminal-procedure discovery due-process evidence fair-trial interpreter jury language-access manifest-weight-of-evidence other-acts-evidence Whether the Sixth Circuit Court of Appeals erred in failing to vacate the district court's judgment due to the state's failure to timely provide repla…
18-5447 David V. Rock v. Charmaine Bracy, Warden Sixth Circuit 2018-08-06 Denied IFP burden-of-proof constitutional-error due-process enhancement evidence habeas-corpus plea-bargaining plea-validity presumption-of-innocence reasonable-doubt sixth-amendment Whether the presumption of innocence and burden of proof requirements are unconstitutionally repealed in enhancement cases, requiring the defendant to…
18-5470 Jeremy J. Bohlman v. United States Ninth Circuit 2018-08-06 Denied Response WaivedIFP compulsory-process compulsory-process-clause confrontation-clause criminal-evidence due-process due-process-clause evidence fed-rule-evidence-412 federal-rules-of-evidence-412 rape-allegations rape-shield-law sexual-assault sexual-behavior subsequent-behavior-evidence Whether Fed.R.Evid 412 bars a defendant from introducing evidence showing that the alleged victim engaged in subsequent sexual acts inconsistent with …
18-5427 Monclaire Saint Louis v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP criminal-procedure curative-instruction curative-instructions due-process evidence jury-bias jury-instructions kidnapping prejudice prejudicial-error rape witness-testimony Whether witness testimony about a rape committed by someone other than the defendant during a kidnapping creates prejudice that cannot be overcome by …
18-5412 Robert Eugene Johnson, Jr. v. Virginia Virginia 2018-08-01 Denied IFP appellate-review civil-procedure conviction criminal-procedure due-process equal-protection evidence standard-of-review sufficiency-of-evidence Can a state's highest court uphold a criminal conviction after being made aware that there was absolutely no evidence presented at trial that the crim…
18-143 Sandra Lee Bart v. United States Eighth Circuit 2018-07-31 Denied Response WaivedRelisted (2) appellate-review conspiracy conspiracy-conviction due-process evidence evidentiary-hearing fair-trial government-witness juror-misconduct jury-misconduct precedent sixth-amendment substantial-evidence Did the Eighth Circuit fail to follow its own precedent and rule contrary to other Appellate Circuits and the United States Supreme Court when it appr…
18-5394 Casey Peebles v. United States Eighth Circuit 2018-07-30 Denied Response WaivedIFP coconspirator-statements confrontation-clause criminal-procedure due-process evidence evidence-rule fair-trial federal-rules-of-evidence hearsay hearsay-exception sixth-amendment Whether Inadi and Bourjaily adequately protect an accused's Fifth Amendment due process right to a fair trial and his Sixth Amendment right to confron…
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 …
18-105 Modesta R. Sabeniano v. Citibank, N.A., et al. Second Circuit 2018-07-24 Denied Response WaivedRelisted (2) appeal appeal-dismissal civil-procedure civil-rights constitutional-rights due-process evidence fourteenth-amendment judicial-review perjury Whether petitioner Sabeniano was denied her constitutional right to due process
18-5324 Anastasio N. Laoutaris v. United States Fifth Circuit 2018-07-24 Denied Response WaivedIFP 18-usc-1030 criminal-procedure criminal-procedure-due-process due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel jackson-v-virginia judgment-of-acquittal malicious-code perjury perjury-standard reasonable-doubt sentencing strickland-standard sufficiency-of-evidence Whether a rational jury could have found each essential element of the offense of transmitting a malicious code, in violation of 18 U.S.C. § 1030(a)(5…
18-5332 Davon Merkiese Kemp v. United States Sixth Circuit 2018-07-24 Denied Response WaivedIFP 4th-amendment criminal-procedure drug-crimes drug-trafficking evidence fourth-amendment home-search probable-cause search-and-seizure search-warrant unreasonable-search Whether a police officer's generalized opinion that drug dealers often keep drugs and other evidence of their trafficking activities in their homes is…
18-5299 Derek Antonio Smith v. North Carolina North Carolina 2018-07-23 Denied Response WaivedIFP appeal civil-procedure civil-rights criminal-procedure due-process evidence sentencing standing transcripts Was LR found guilty at trial, when the transcripts of pre-trial clearly show she said nothing happened sexually?
18-5286 Odere Suleitopa v. United States Fourth Circuit 2018-07-20 Denied Response WaivedIFP circuit-court-conflict circuit-split civil-procedure evidence evidence-admissibility federal-rule-of-evidence-701 federal-rules-of-evidence law-enforcement law-enforcement-officer-testimony law-enforcement-testimony lay-witness-testimony opinion-testimony personal-knowledge personal-knowledge-requirement witness-testimony Whether Rule 701's personal knowledge' requirement permits law enforcement officers to offer lay opinion testimony regarding an investigation when the…
18-5301 Cahlan Clay v. United States Eighth Circuit 2018-07-20 Denied Response WaivedIFP compulsory-process confrontation-clause criminal-defense criminal-procedure cross-examination defendant-rights defense-strategy due-process evidence fair-trial judicial-discretion jury-instructions jury-trial trial-procedure witness-examination Whether a court may dictate the manner by which a defendant presents his case to the jury by forcing defense counsel to rely exclusively on the cross-…
18-5281 Vincent Craig Mosley v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP co-defendant compulsory-process confrontation-clause criminal-procedure criminal-trial drug-conspiracy due-process evidence evidence-admission plea-agreement plea-bargaining witness-testimony Whether a criminal defendant is entitled to see the plea agreements of non-testifying co-defendants and admit them into evidence
18-5253 Dennis DeCiancio v. United States Sixth Circuit 2018-07-17 Denied Response WaivedIFP civil-rights criminal-procedure disclosure-duty due-process duty-to-disclose evidence evidence-admissibility federal-rules-of-evidence free-speech materiality prior-convictions rule-10b-5 securities securities-fraud Whether evidence of unrelated prior convictions is admissible in securities fraud cases as direct proof of a fraud under Rule 10b-5, even though there…
18-5242 Kenneth Martin, Jr. v. United States Fifth Circuit 2018-07-16 Denied Response WaivedIFP burden-of-proof co-conspirator co-conspirator-testimony corroboration corroboration-requirement criminal-conviction criminal-procedure due-process evidence evidentiary-standard fifth-circuit-law plea-bargain sentencing testimony witness-credibility Whether the Fifth Circuit's law that allows a conviction based solely on the uncorroborated testimony of a co-conspirator should be abandoned, or at l…
18-74 Danica Zovko, et al. v. National Credit Union Administration Board Sixth Circuit 2018-07-13 Denied Response Waived affirmative-defenses banking-law civil-procedure credit-union d-oench-duhme-doctrine d'oench-duhme-doctrine evidence federal-law financial-regulation fraud liquidation ncuab statute-of-limitations statutes-of-limitations Does the D'Oench, Duhme doctrine permit the NCUA to ignore proper evidence, statutes of limitations, affirmative defenses, and federal law?
18-5201 Henry Bryan Lowe v. Darrel Vannoy, Warden Fifth Circuit 2018-07-11 Denied IFP 14th-amendment 5th-amendment 6th-amendment brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression expert-witness fifth-amendment ineffective-assistance sixth-amendment Ineffective-assistance-of-counsel
18-5204 Jose Luis Morales v. United States Fifth Circuit 2018-07-11 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process enhancement evidence fact-finding immigration immigration-law judicial-error sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation undocumented-aliens Whether the lower court erred in applying the enhancement under section 2L1.1(b)(2)(B) for transporting aliens
18-5170 Ijaz Khan v. United States Fourth Circuit 2018-07-10 Denied Response WaivedIFP administrative-law agency-determination citizenship-and-naturalization-fraud citizenship-status due-process evidence evidence-standard fraud immigration immigration-law jurisdiction legal-review marriage naturalization naturalization-fraud standing statutory-interpretation Whether there was evidence presented at trial that petitioner was lawfully married to Shabana before he became naturalized?
18-5195 Steven Anthony Alvarez v. M. Eliot Spearman, Warden Ninth Circuit 2018-07-10 Denied Response WaivedIFP 14th-amendment 5th-amendment california-law constitutional-vagueness criminal-law due-process evidence great-bodily-injury jury-instructions prosecutorial-misconduct testimony vagueness Whether petitioner was denied due process of law when prosecutor misstated law, misstated testimony, and misstated evidence to the jury
18-5109 Reggie Rankins v. Illinois Illinois 2018-07-03 Denied IFP criminal-procedure due-process evidence jurisdiction jury-trial sentencing sexual-assault statutory-interpretation Did the State of Illinois properly disrnim a conviction based upon the evidence of J.P. testimony, and in accordance with statute 720 ILCS 5/11-1.30(A…
18-5046 Giezi Magno Zamora v. United States Eleventh Circuit 2018-06-29 Denied Response WaivedIFP appeals criminal-procedure drug-trafficking due-process eleventh-circuit evidence habeas-corpus international-law judicial-review maritime-law sentencing sentencing-reasonableness writ-of-certiorari Whether the Eleventh Circuit Court of Appeals erroneously denied a motion where the petitioner showed new evidence to warrant an immediate release due…
18-5030 Shawn Williams v. Jeff Norman, Warden Eighth Circuit 2018-06-28 Dismissed IFP congress constitutional-rule due-process evidence habeas-corpus reasonable-doubt supervisory-authority Whether Boukin v. Alabama, 395 U.S. 238 (1969), is a Constitutional Rule of Court, mandated on the District Court or merely the exercise of its superv…