evidence-preservation
26 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-709 | West Virginia v. Michael Keith Allman | West Virginia | 2025-12-18 | Denied | custodial-arrest evidence-preservation fourth-amendment officer-safety search-incident-to-arrest warrantless-search | Whether the State must show that an arrestee could access a weapon or destructible evidence from a bag the arrestee was carrying immediately before ar… | |
| 25-6265 | Rodney Hamilton Higgins, Jr. v. United States | Sixth Circuit | 2025-12-02 | Denied | Response WaivedIFP | criminal-procedure drug-trafficking evidence-preservation fourth-amendment probable-cause search-warrant | 1. Whether the Fourth Amendment requires more than a defendant's status as a drug dealer and residential address to establish probable cause for a sea… |
| 25-6039 | Allan Douglas Wilson v. Department of State, et al. | District of Columbia | 2025-11-05 | Denied | Response WaivedIFP | citizenship-rights compensatory-damages due-process evidence-preservation mootness-doctrine statutory-interpretation | 1. Whether the D.C. Circuit's reliance on mootness doctrine to avoid addressing a case of first impression regarding temporary deprivation of citizens… |
| 25-331 | Patrick Wayman Scullark, Jr. v. Iowa | Iowa | 2025-09-22 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (3) | arrestee-bag evidence-preservation fourth-amendment officer-safety search-incident-to-arrest warrantless-search | Whether the Fourth Amendment categorically permits warrantless searches of bags carried by arrestees at the time of arrest but inaccessible to them at… |
| 24-7430 | Trenton Jared Powell v. United States | Ninth Circuit | 2025-06-16 | Denied | Response WaivedIFP | cellphone-search criminal-procedure digital-privacy evidence-preservation fourth-amendment warrant-requirement | Can the police hold a defendant's cellphone seized incident to his arrest until necessary forensic software is developed based upon evidence that the … |
| 24-7137 | In Re Jack Eugene Carpenter, III | 2025-05-05 | Denied | Response WaivedIFP | counsel-consultation district-court-authority evidence-preservation jurisdiction legal-representation self-determination | Does a sid WW Os Sb USES NEA, Creade "discedion "yo ovad tne Distinct gucts uky ro ensuce yucisdickion exists? Pre celicious oelwfs oc \oelie€s Cores… | |
| 24-6084 | Christopher Roalson v. Jon Noble, Warden | Seventh Circuit | 2024-12-05 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process due-process-clause evidence-preservation forensic-evidence | Whether allowing an expert witness to discuss other test results or testimonial statements if the testimonial statements were not themselves admitted … |
| 24-563 | Karl W. Nichols v. Lance Wiersma | Seventh Circuit | 2024-11-20 | Denied | Response Waived | bad-faith-standard circuit-split constitutional-law due-process evidence-preservation exculpatory-evidence | The Western District of Wisconsin notes that there is both an inter-circuit and intra-circuit split in the interpretation of the cases Trombetta, Youn… |
| 24-5449 | Kimberly Ann Smith v. Menard, Inc. | Eighth Circuit | 2024-09-04 | Denied | IFP | civil-procedure-rules electronically-stored-information evidence-preservation preponderance-standard rule-37-sanctions spoliation | The Eighth Circuit Court of Appeals holds that, under Federal Rules of Civil Procedure Rule 37(e), before a Rule 37(e)(2) remedy can be awarded, there… |
| 23-7623 | Estephen Castellon v. Ohio | Ohio | 2024-06-03 | Denied | IFP | criminal-procedure discovery due-process evidence-preservation exculpatory-evidence law-enforcement sixth-amendment speedy-trial warrant-execution | Whether the failure to preserve potentially exculpatory evidence under the Trombetta and Youngblood standards, coupled with delays in trial proceeding… |
| 23-5762 | Isaiah Whitefox Redbird v. United States | Tenth Circuit | 2023-10-11 | Denied | Response WaivedIFP | where context made the basis of his objection to criminal-procedure evidence-preservation federal-rules-of-evidence plain-error-review preservation-requirement propensity-evidence tenth-circuit | Did the Tenth Circuit incorrectly hold that Mr. Redbird's claim was not preserved, where context made the basis of his objection to exclude the prosec… |
| 23-91 | Nolan Marcus Forness, II v. Virginia | Virginia | 2023-08-01 | Denied | Response Waived | body-cameras compulsory-process confrontation-clause due-process evidence-preservation fifth-amendment fourteenth-amendment sixth-amendment | Issue 1. Given the current extensive of use by law enforcement of modern technology such as automobile and body cameras, a defendant's right under the… |
| 21-6081 | Gerund Mickens, aka Breeze v. United States | Second Circuit | 2021-10-26 | Denied | Response WaivedIFP | brady-disclosure brady-v-maryland confrontation-clause criminal-investigation due-process evidence-preservation fifth-amendment sixth-amendment | Whether Brady v. Maryland, 373 U.S. 83 (1963), the due process clause of the Fifth Amendment, and the confrontation clause of the Sixth Amendment and … |
| 21-5636 | Peter Hurley v. Massachusetts | Massachusetts | 2021-09-09 | Denied | IFP | civil-rights due-process evidence-preservation government-misconduct plea-bargaining sentencing | CONST ART I 1O S7 Commonmealth MasS. Allowed 15 The iNTO Felony break TURN 1 CoNTRaCts AN Prison (whch they h 9N deFencdant PUT IM 2 is Comm. Allowed … |
| 21-5517 | Lonzie Wayne McQuirter v. Michigan | Michigan | 2021-08-30 | Denied | IFP | 44th-amendment constitutional-violation due-process evidence-preservation fair-trial fourteenth-amendment innocence miscarriage-of-justice new-evidence prosecutorial-misconduct sixth-amendment | I. WHETHER PETITIONER'S CLAIMS SHOULD BE HEARD ON THE MERITS UNDER THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT TO THE UNITED STATES CONSTITUTION TO A… |
| 20-7203 | Chiron Sharrol Francis v. Texas | Texas | 2021-02-22 | Denied | Response WaivedIFP | chambers-v-mississippi confrontation-clause crane-v-kentucky crime-scene-evidence due-process evidence-authentication evidence-preservation fair-trial right-to-present-defense sixth-amendment | 1. The police violate State criminal law, Federal and State regulations, and their own procedures and policies in disposing of and failing to preserve… |
| 20-5498 | John Silvia, Jr. v. United States | First Circuit | 2020-08-26 | Denied | Response WaivedIFP | attorney-performance client-representation criminal-procedure discovery evidence-preservation exculpatory-evidence expert-consultation expert-witness ineffective-assistance ineffective-assistance-of-counsel subpoena witness-interview | This case raises the question of whether an attorney can be found to have rendered effective assistance of counsel where he failed to review a signifi… |
| 20-5318 | Dimitri Rozenman v. David Shinn, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2020-08-11 | Denied | IFP | bad-faith brady-violation disclosure-requirement due-process evidence-preservation tampering youngblood-standard | 1. Whether the United States District Court ("U.S.D.C. ") erred in its finding that, in order to obtain relief under Arizona v. Youngblood, 488 U.S. 5… |
| 20-5023 | Carter Vincent Anderson v. Darrel Vannoy, Warden | Fifth Circuit | 2020-07-10 | Denied | Response WaivedIFP | appellate-review batson-challenge batson-violation constitutional-rights due-process evidence-preservation evidence-suppression evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct | Whether the District Court and Court of Appeal erred in review of claim presented which clearly show ineffective assistance of counsel on both trial a… |
| 19-7994 | David Armondo Butler v. Florida | Florida | 2020-03-16 | Denied | Response WaivedIFP | adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage | Did court-appointed counsel deprive Petitioner of the Sixth Amendment guarantee obtain the video footage were being made create an adversarial conflic… |
| 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 | Where I, Tiffany R. Byrd, was denied to receive an alternative evidentiary hearing on my claims of Illegal Search and Seizure. Where I was denied an e… |
| 19-6460 | Daniel Paul Copple v. Pelicia Hall, Commissioner, Mississippi Department of Corrections | Fifth Circuit | 2019-10-31 | Denied | Response WaivedIFP | constitutional-standards discovery discovery-limitations dismissal-standards due-process evidence-preservation evidentiary-hearing habeas-corpus institutional-mental-health-records judicial-discretion mental-competency pro-se-defendant state-records | I. When a defendant claims mental impairments had prevented him from timely filing his habeas petition, under Schrire v. Landrigan, should the distric… |
| 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… |
| 18-1286 | Brian D. Baur v. Pennsylvania | Pennsylvania | 2019-04-10 | Denied | Response Waived | castle-doctrine chain-of-custody civil-procedure civil-rights constitutional-rights due-process evidence-preservation ineffective-counsel law-of-the-case prosecutorial-misconduct reassignment sentencing standing use-of-force | 1. Whether the Law of the Case Doctrine is an issue in this case since two Judges have made rulings concerning the Constitutional Rights of the Pet… |
| 18-5936 | Terrance D. Johnson v. Randall Williams, Warden | Fourth Circuit | 2018-09-12 | Denied | IFP | evidence-preservation exigent-circumstances fourth-amendment law-enforcement probable-cause search-and-seizure vehicle-search | whether the Fourth Amendment forbids a pretextual seizure of a motorist based solely on probable cause due to an alleged obstructed tag? Does the Fou… |
| 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… |