evidentiary-hearing

421 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6505 Kenneth Christopher Pointer, aka Keith Johnson v. United States Sixth Circuit 2026-01-07 Pending Response WaivedIFP abuse-of-discretion constitutional-rights district-court evidentiary-hearing ineffective-assistance sixth-amendment Whether the district court abused its discretion by failing to conduct a prompt Evidentiary Hearing and violating Sixth Amendment Rights through multi…
25-6343 Sharard Collier v. United States Fifth Circuit 2025-12-11 Denied Response WaivedIFP district-court due-process evidentiary-hearing fifth-circuit ineffective-assistance sixth-amendment Whether the district court and Fifth Circuit abused their discretion by failing to conduct evidentiary hearings on multiple ineffective assistance of …
25-6319 Gary Allen Kachina v. United States Eighth Circuit 2025-12-09 Dismissed Response WaivedIFP court-judgment due-process evidentiary-hearing judicial-bias legal-review procedural-error Whether the district court's judicial bias and alleged procedural errors during the evidentiary hearing warrant reversal of the lower court's judgment
25-6094 Chimene Hamilton Onyeri v. United States Fifth Circuit 2025-11-13 Denied Response WaivedIFP effective-assistance-of-counsel evidentiary-hearing law-enforcement-testimony rico-conspiracy sixth-amendment trial-strategy Whether a writ of certiorari is warranted when a defendant is denied his Sixth Amendment right to effective assistance of counsel in multiple contexts…
25-6003 Quinn R. Turner v. United States Sixth Circuit 2025-10-31 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance sixth-amendment Whether Mr. Turner's due process rights were violated by the district court's failure to adjudicate his Motion for Partial Disqualification prior to p…
25-522 Ruby Tang v. Somerset House Condominium Association, Inc., et al. Maryland 2025-10-29 Denied constitutional-rights due-process evidentiary-hearing judicial-procedure legal-fees state-court Whether the Due Process Clause permits a state court to deny a statutorily guaranteed de novo evidentiary hearing after collecting the required fees, …
25-5949 Matthew Johnson v. Oklahoma Oklahoma 2025-10-24 Denied IFP constitutional-claims due-process eighth-amendment evidentiary-hearing fourteenth-amendment ineffective-assistance Whether the Oklahoma courts' categorical refusal to grant evidentiary hearings on colorable claims of ineffective assistance of counsel, actual innoce…
25-5902 Ramon Simpson v. United States Eighth Circuit 2025-10-16 Denied Response WaivedIFP certificate-of-appealability circuit-split credibility-determination evidentiary-hearing section-2255 sixth-amendment Whether a district court may deny a § 2255 hearing by making a dispositive credibility determination against a petitioner based on an ambiguous and co…
25A397 Obe E. Johnson v. Harry Feliciano-Maldonado, et al. First Circuit 2025-10-07 Presumed Complete constitutional-claim due-process evidentiary-hearing ineffective-assistance sixth-amendment state-court-proceedings Whether a state court's failure to provide an evidentiary hearing on a potentially meritorious constitutional claim constitutes a violation of due pro…
25-5806 Ricky Dixon v. United States Eleventh Circuit 2025-10-06 Denied Response WaivedIFP abuse-of-discretion actual-innocence evidentiary-hearing guilty-plea ineffective-assistance sixth-amendment Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding pre-trial and guilty plea ineffective assistan…
25-5677 Juan De Dios Alvarez-Romero v. United States Fifth Circuit 2025-09-18 Denied Response WaivedIFP §-2255 direct-appeal evidentiary-hearing indigent-defendant ineffective-assistance pro-se-motion Whether an indigent and incarcerated defendant with minimal education and no English comprehension, raising a colorable ineffective assistance of coun…
25-300 William A. Goddard, et al. v. United States Ninth Circuit 2025-09-16 Denied Response Waived administrative-procedure bad-faith evidentiary-hearing irs-summons law-firm-records tax-law Whether a law firm can be denied the opportunity to challenge an IRS summons for law firm trust account records based solely on an IRS declaration, an…
25-5630 Geneva Kristina Hudson v. United States Eighth Circuit 2025-09-15 Denied Response WaivedIFP criminal-procedure evidentiary-hearing habeas-corpus ineffective-assistance plea-bargaining section-2255 Must a petitioner alleging ineffective assistance of counsel in advising whether to plead guilty demonstrate a predisposition to pleading guilty as a …
25-5403 In Re Michael Jay Harris 2025-08-19 Denied IFP actual-innocence constitutional-rights evidentiary-hearing habeas-corpus procedural-default prosecutorial-misconduct Whether a subsequent habeas petition raising claims of prosecutorial misconduct and actual innocence should be permitted to proceed despite procedural…
25-5362 Nathaniel Blancher v. United States Eleventh Circuit 2025-08-14 Denied Response WaivedIFP constitutional-rights criminal-procedure evidentiary-hearing guilty-plea ineffective-assistance plea-agreement Whether a guilty plea becomes knowing, intelligent, and voluntary when the plea agreement inaccurately describes the penalty provision of the statute …
25-5171 Reginald Hitchcock v. United States Sixth Circuit 2025-07-22 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidentiary-hearing hearsay-evidence sixth-amendment Whether the Sixth Circuit erred in denying an evidentiary hearing when evidence was presented showing the hearsay witness contradicted allegations swo…
25-5125 Terrence Mack Booth v. Kevin McCoy, Warden Fourth Circuit 2025-07-16 Denied IFP constitutional-right evidentiary-hearing fourth-circuit habeas-corpus ineffective-assistance procedural-default Did the Fourth Circuit err in deferring to the lower courts' findings that the petitioner was not entitled to an evidentiary hearing or relief on his …
25-5083 Michael Bernard Bell v. Florida Florida 2025-07-10 Denied IFP death-penalty eighth-amendment evidentiary-hearing fourteenth-amendment prosecutorial-misconduct witness-recantation Does the Petitioner's execution violate the Eighth and Fourteenth amendments to the United States Constitution when the government and trial court int…
24-7306 William Thomas Hill v. United States Eighth Circuit 2025-05-29 Denied Response WaivedRelisted (2)IFP counsel-failure district-court evidentiary-hearing ineffective-assistance motion-to-suppress supreme-court-precedent Whether the district court abused its discretion by summarily denying ineffective assistance of counsel claims without conducting an evidentiary heari…
24-7309 Brandi Abts v. Cynthia Arnold-Abts Nevada 2025-05-28 Denied IFP due-process evidentiary-hearing fourteenth-amendment fundamental-fairness judicial-misconduct structural-error Whether a District Court Judge committed structural error by abandoning judicial neutrality and violating fundamental fairness during an evidentiary h…
24-6954 John Stephen Routt v. Michael Miller, Warden Tenth Circuit 2025-04-10 Denied IFP actual-innocence certificate-of-appealability evidentiary-hearing habeas-corpus jurisdictional-challenge pro-se-petition Did the Court of appeals err in denying a certificate of appealability by merging Title 28 U.S.C. §§ 2254 (d)(1) and (2) with 28 U.S.C. § 2253 (c) and…
24-6941 Michael Wayne Reynolds v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2025-04-08 Denied Amici (1)IFP aedpa clear-and-convincing evidentiary-hearing factual-deference habeas-corpus state-court-review When a state court refuses to conduct an evidentiary hearing, will its factual findings be entitled to deference under 28 U.S.C. § 2254(d)(2), and mus…
24-6776 Edward Thomas James v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-03-17 Denied IFP 28-usc-2254 certificate-of-appealability evidentiary-hearing habeas-corpus mental-incapacity procedural-timeliness Could reasonable jurists debate whether an evidentiary hearing should have been granted to resolve an unrebutted factual proffer that Mr. James' untim…
24-6538 Andrew E. Hoffman v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-02-11 Denied Response WaivedIFP appellate-review certificate-of-appealability due-process evidentiary-hearing habeas-corpus ineffective-assistance Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim of ineffective ass…
24-6492 Rufus Young v. Florida Eleventh Circuit 2025-02-06 Denied Response WaivedIFP de-novo-review evidentiary-hearing habeas-corpus ineffective-assistance mandamus-petition probable-cause Does a district court abuse its discretion when it denies a habeas petitioner an evidentiary hearing where the state record remains undeveloped, where…
24A708 Donald J. Englert, II v. Reginald Bishop, Superintendent, Five Points Correctional Facility Second Circuit 2025-01-17 Presumed Complete constitutional-challenge evidentiary-hearing federal-review habeas-corpus ineffective-assistance supreme-court-precedent Whether a state court's denial of an evidentiary hearing in a habeas corpus proceeding constitutes an unreasonable determination of facts under 28 U.S…
24-720 Vitaly Korchevsky v. United States Second Circuit 2025-01-10 Denied Response Waived constitutional-error court-of-appeals evidentiary-hearing federal-procedure habeas-corpus motion-to-strike Did the Court of Appeals err in ignoring a Motion to Strike the affidavit, denying an evidentiary hearing, and rubber-stamping the district court's de…
24-6225 Dennis Mischler v. Tim Hooper, Warden Fifth Circuit 2025-01-02 Denied Response WaivedIFP constitutional-rights due-process evidentiary-hearing fifth-circuit habeas-corpus sixth-amendment Whether the Fifth Circuit deprived Mischler of Due Process by failing to afford an evidentiary hearing on disputed facts when no hearing was provided …
24-6229 Terrell Jason Armstrong v. United States Eighth Circuit 2025-01-02 Denied Response WaivedIFP certificate-of-appealability constitutional-claims district-court eighth-circuit evidentiary-hearing ineffective-assistance Whether the district court erred in summarily denying an evidentiary hearing on claims of ineffective assistance of counsel and whether the Eighth Cir…
24A523 Willie R. Burgess, Jr. v. Alabama Alabama 2024-11-27 Presumed Complete capital-murder death-penalty eighth-amendment evidentiary-hearing postconviction state-review Whether the Eighth Amendment permits the imposition of a death sentence following a capital murder conviction where the defendant was denied an eviden…
24-6033 Frederico Bruno v. Administrator, New Jersey State Prison, et al. Third Circuit 2024-11-26 Denied IFP appellate-procedure certificate-of-appealability district-court evidentiary-hearing judicial-review third-circuit Whether the District Court and Third Circuit Court of Appeals erred in refusing to issue a certificate of appealability and granting an evidentiary he…
24-5921 Christopher Koteras v. Daniel Akers, Warden Sixth Circuit 2024-11-06 Denied Response WaivedIFP confrontation-clause criminal-procedure evidentiary-hearing judicial-discretion sixth-amendment witness-communication Whether a victim's advocate's non-verbal communication with a child witness during trial constitutes prejudicial error that violates a defendant's rig…
24-5929 David Mark Fink v. California California 2024-11-06 Denied Response WaivedIFP evidentiary-hearing faretta-right judicial-discretion pro-se-representation sixth-amendment speedy-trial Whether a trial court improperly revoked a defendant's pro se status during an evidentiary hearing and violated Sixth Amendment speedy trial rights
24-5898 Herman Felton, Jr. v. United States Fourth Circuit 2024-11-04 Denied Response WaivedIFP appellate-review constitutional-violation criminal-procedure evidentiary-hearing habeas-corpus pro-se-petition Why was the petitioner denied an evidentiary hearing and what constitutional violations occurred?
24-5823 Jose Bernazard v. Mark Miller, Superintendent, Green Haven Correctional Facility Second Circuit 2024-10-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance post-conviction-relief Whether a state court's denial of post-conviction relief based on ineffective assistance of counsel claims violates a petitioner's due process rights …
24-5709 Gregory Bartunek v. United States Eighth Circuit 2024-10-07 Denied Response WaivedIFP evidentiary-hearing habeas-corpus material-facts procedural-relief rule-60b section-2255 Whether unresolved factual issues in a § 2255 motion warrant an evidentiary hearing and potential habeas relief
24-5707 Gary E. Peel v. United States Seventh Circuit 2024-10-04 Denied Response WaivedIFP actual-innocence circuit-court-review due-process evidentiary-hearing federal-conviction supreme-court-precedent Whether the Seventh Circuit Court of Appeals erred by affirming federal convictions for non-criminal conduct and denying an evidentiary hearing when n…
24-5583 Carlos Sanchez v. Florida, et al. Eleventh Circuit 2024-09-19 Denied Relisted (2)IFP §2254-petition circuit-split conflict-counsel evidentiary-hearing habeas-corpus speedy-trial Whether conflict counsel's motion for continuance violates a criminal defendant's right to a speedy trial and whether the Eleventh Circuit's standard …
24-5497 Michael Scott Hoover v. United States Fourth Circuit 2024-09-09 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-review reversible-error Whether a state court's failure to provide a substantive evidentiary hearing violates a criminal defendant's due process rights and constitutes revers…
24-5380 Leonus Stevenson Peterson v. United States Fourth Circuit 2024-08-23 Denied Response WaivedIFP due-process evidentiary-hearing ineffective-assistance section-2255-motion sentencing-variance sixth-amendment Did the lower courts err in conflating Fifth and Sixth Amendment rights, thereby denying both due process and effective assistance of counsel, when th…
24-5259 Isiah Williams v. Raymond Shanley Second Circuit 2024-08-08 Denied IFP actual-innocence constitutional-rights court-of-appeals evidentiary-hearing gateway-claim rule-52 Whether the Court of Appeals exceeded its authority under Rule 52(a) F.R.C.P. in dismissing Petitioner's actual innocence claim without an evidentiary…
24-79 James W. A. Jackson v. Kelly K. Fitzgerald Rhode Island 2024-07-25 Denied child-custody due-process evidentiary-hearing hcch-1996 international-treaty personal-jurisdiction simultaneous-proceedings subject-matter-jurisdiction uccjea Does a defense of UCCJEA 'Simultaneous Proceedings' become moot when one and not all proceedings is dismissed?
24-5027 Jovan Marquis Harris v. United States Eighth Circuit 2024-07-09 Denied Response WaivedIFP burrage-v-united-states causation-of-harm criminal-law criminal-procedure drug-distribution evidentiary-hearing federal-statute heroin-distribution jury-instruction jury-instructions overdose sentencing-enhancement Did the trial court err when it refused to instruct the jury that the heroin distributed by the defendant was the same heroin that caused the victims'…
23-7724 In Re Shomas T. Winston 2024-06-14 Denied IFP evidentiary-hearing fair-trial fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire Whether a petitioner should be denied an evidentiary hearing to question a juror who failed to disclose information
23-7677 Daniela Bowman v. Cordelia Friedman Tenth Circuit 2024-06-10 Denied Response WaivedIFP compulsory-production due-process due-process-clause equal-protection equal-protection-clause evidentiary-hearing fourth-amendment judicial-review motion-to-dismiss oklahoma-press-publishing-co-v-walling statutory-interpretation Whether the Tenth Circuit's ruling rejecting a person's right to a due process evidentiary hearing conflicts with the Due Process and Equal Protection…
23-7666 Brandon Washington v. Steven T. Marshall, Attorney General of Alabama, et al. Eleventh Circuit 2024-06-07 Denied IFP evidentiary-hearing factual-determination factual-record federal-habeas federal-review habeas-corpus state-court state-court-proceedings unreasonable-determination Whether a state prisoner must dispel 'any potential justification' for a state court's factual finding, even when the prisoner was unjustifiably denie…
23-1218 Alfredo Navarro Hinojosa v. United States Fifth Circuit 2024-05-16 Denied Response Waived burden-of-proof circuit-split direct-appeal evidentiary-hearing harmless-error ineffective-assistance kotteakos-v-united-states preserved-nonconstitutional-errors sixth-amendment sufficiency-of-evidence Does the Fifth Circuit's harmless-error standard conflict with this Court's harmless-error standard?
23-7486 Edgar Vazquez v. United States Eleventh Circuit 2024-05-15 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidentiary-hearing motion-to-dismiss motion-to-suppress standard-of-review Whether certiorari review should be granted
23-7458 In Re Michael David Hower 2024-05-13 Dismissed Response WaivedIFP acquitted-charge acquitted-conduct criminal-procedure due-process evidentiary-hearing habeas-corpus jury-trial section-2255 sentencing sentencing-enhancement sixth-amendment Did the courts below commit reversible error in denying petitioner's 2255 motion without an evidentiary hearing?
23-7461 Shane A. Fox v. United States Sixth Circuit 2024-05-13 Denied Response WaivedIFP career-offender criminal-law drug-conspiracy due-process evidentiary-hearing inchoate-offense sentencing-enhancement statutory-maximum statutory-maximum-penalty Whether the inchoate offense of engaging in an illegal drug conspiracy constitutes a serious drug offense for purposes of increasing a defendant's sta…
23-7436 Eagles Denashu Begay v. United States Ninth Circuit 2024-05-09 Denied IFP 28-usc-2255 appeal criminal-procedure direct-appeal due-process evidentiary-hearing habeas-corpus indigent-defendant ineffective-assistance pro-se-claim right-to-counsel Ineffective-assistance-of-counsel
23-7410 Andrew Franklin Woodburn v. Bryan Morrison, Warden Sixth Circuit 2024-05-07 Denied Response WaivedIFP criminal-defense evidentiary-hearing expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication medication-defense paxil temporary-insanity Is Andrew Woodburn entitled to a remand for an evidentiary hearing and a new trial due to ineffective assistance of counsel?
23-7340 Kelton Vondre Yates v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-04-30 Denied IFP appellate-review circuit-court-procedure civil-procedure constitutional-provisions due-process evidentiary-hearing federal-court-jurisdiction jurisdictional-dismissal procedural-grounds standing statute-of-limitations Whether Petitioner is entitled to equitable tolling of the statute of limitations
23-7302 In Re Michael A. Farrell 2024-04-24 Denied IFP 28-usc-2254d due-process effective-assistance-of-counsel equal-protection evidentiary-hearing fourteenth-amendment full-and-fair-hearing reasonable-doubt state-court Did the U.S. District Court violate petitioners XIV Amendment right to due-process, equal-protection, 28-usc-2254d
23-7294 Robert Cota, Jr. v. United States Ninth Circuit 2024-04-23 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidentiary-hearing fifth-amendment habeas-corpus shackles shackling Whether the Ninth Circuit violated §2255(b) by failing to require an evidentiary hearing and, in doing so, failed to protect the defendant's Fifth Ame…
23-6868 David Wayne Nelson v. Jim Salmonsen, et al. Ninth Circuit 2024-02-29 Denied Response WaivedIFP certificate-of-appealability due-process equal-protection evidentiary-hearing habeas-corpus judicial-procedure prosecutorial-misconduct Did the U.S. court of appeals err in its rulings on the petitioner's habeas corpus petition?
23-6833 Jason Matthew Karr v. Colorado Colorado 2024-02-26 Denied IFP appointment-of-counsel clearly-established-federal-law colorado-supreme-court constitutional-review due-process-rights evidentiary-hearing federal-law-application ineffective-assistance-counsel ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington whether-the-colorado-supreme-court-held-the-petitioner-to-a-higher-standard-for-pleading-ineffective-assistance-of-counsel
23-6787 Jerry Means v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-02-22 Denied IFP 6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction-proceedings post-conviction-relief state-law-rights Whether an indigent pro se defendant in a state criminal case who is prohibited by state law from raising any claim of trial court error on direct app…
23-6737 Anthony F. Wainwright v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-02-13 Denied IFP attorney-misconduct conflict-of-interest due-process equitable-tolling evidentiary-hearing federal-procedure habeas-corpus ineffective-assistance rule-60b Whether habeas counsel's unsworn representations can rebut a petitioner's allegation of dishonesty
23-6676 Pietro Pasquale Antonio Sgromo v. Bestway USA Inc., et al. Arizona 2024-02-06 Denied Response WaivedIFP deficient-service evidentiary-hearing interlocutory-decision judicial-notice parol-evidence res-judicata service-of-process settlement-agreement settlement-agreements void-order May a Court take judicial notice of another Court's Order; that be void due to deficient service
23-813 Brutus Trading, LLC v. Standard Chartered Bank, et al. Second Circuit 2024-01-29 Denied Response Waived civil-procedure deferred-prosecution-agreement due-process evidentiary-hearing false-claims-act government-dismissal procedural-rights qui-tam statutory-interpretation Whether the Due Process Clause and 31 U.S.C. § 3730(c)(2)(A) and (B) require an evidentiary hearing
23-6405 Brian K. Allen v. United States Eighth Circuit 2024-01-03 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process evidentiary-hearing federal-circuit fundamental-rights plea-agreement sentencing sentencing-procedure Whether the near consensus Federal Circuit Courts of Appeals' application of plea agreement appeal waivers as to subsequent sentencing proceedings, wh…
23-6392 Phillip Watkins v. United States Sixth Circuit 2023-12-28 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regarding the fact his Gui…
23-6345 Jeffrey M. Spring, Sr. v. David W. Gray, Warden Sixth Circuit 2023-12-26 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence procedural-due-process sixth-amendment substantive-due-process Is it a violation of substantive and procedural due process to deny the defendant an evidentiary hearing to develop newly discovered evidence?
23-6001 Kenric Lavaughn Jackson, Sr. v. Texas Texas 2023-11-14 Denied Response WaivedRelisted (2)IFP actual-innocence capital-murder constitutional-rights criminal-procedure due-process eighth-amendment evidentiary-hearing fourteenth-amendment habeas-corpus sufficiency-of-evidence texas-law Whether the Texas Court of Criminal Appeals erred in denying petitioner's application for a writ of habeas corpus, where the evidence presented at tri…
23-5787 Richard Frasca v. President and Fellows of Harvard College, et al. First Circuit 2023-10-13 Denied Response WaivedIFP age-discrimination constitutional-rights depression equitable-tolling evidentiary-hearing mental-illness procedural-flaws retaliation Whether equitable tolling applies to the statute of limitations based on depression and mental illness resulting from age discrimination and retaliati…
23-5747 Daryl A. Hess v. Oklahoma Oklahoma 2023-10-11 Denied IFP 8th-amendment appellate-jurisdiction civil-rights constitutional-issue due-process evidentiary-hearing federal-review habeas-corpus judicial-procedure newly-discovered-evidence post-conviction Whether the Oklahoma Court of Criminal Appeals properly denied Petitioner due process and Eighth Amendment rights by refusing to consider newly discov…
23-5712 Gerald Vaughn Gwen v. Kris Mayes, Attorney General of Arizona, et al. Ninth Circuit 2023-10-04 Denied Relisted (3)IFP actual-innocence certificate-of-appealability constitutional-rights direct-review due-process evidentiary-hearing fair-trial habeas-corpus judicial-review procedural-fairness writ-of-appeal Whether the petitioner was denied due process and a fair trial due to the state court's failure to hold an evidentiary hearing on his claim of actual …
23-5648 Frank Nucera, Jr. v. United States Third Circuit 2023-09-26 Denied Response WaivedIFP due-process equal-protection evidentiary-hearing juror-misconduct jury-deliberations new-trial new-trial-motion racial-bias third-circuit-court voir-dire Did the Third Circuit err by upholding the denial of Petitioner's motion for new trial or an evidentiary hearing based on juror affidavits?
23-5630 Jack R. Sliney v. Florida Florida 2023-09-21 Denied Relisted (2)IFP 14th-amendment 8th-amendment age-of-defendant death-penalty death-sentence due-process eighth-amendment evidentiary-hearing fourteenth-amendment juvenile-offenders Whether Florida may impose a death sentence upon an individual under 21
23-5626 Arun Dhavamani v. United States Fourth Circuit 2023-09-20 Denied Response WaivedIFP appellate-review criminal-procedure criminal-prosecution due-process evidentiary-hearing factual-finding federal-jurisdiction manufactured-jurisdiction sentencing Whether a defendant's right to due process is violated when a Court of Appeals remands a case for additional factfinding after the district court has …
23-5586 Nestor Leon v. United States Eleventh Circuit 2023-09-14 Denied Response WaivedIFP appellate-review brady-violation circuit-court civil-procedure court-procedure document-submission due-process evidentiary-hearing legal-dismissal petition-process standing subpoena-duces-tecum Did the Eleventh Circuit clerk err in dismissing the petitioner's case after the petitioner provided all requested documents?
23-5590 In Re Jamar L. Williams 2023-09-14 Denied IFP actual-innocence administrative-law civil-rights constitutional-interpretation due-process evidentiary-hearing federal-procedure ineffective-assistance-of-counsel judicial-review newly-discovered-evidence post-conviction-proceedings Whether the petitioner's due process rights were violated when the state court denied his request for an evidentiary hearing to present newly discover…
23-5553 Randy Haight v. Scott Jordan, Warden Sixth Circuit 2023-09-12 Denied IFP capital-case capital-punishment due-process evidentiary-hearing expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-retardation statutory-interpretation How to reconcile 28 U.S.C. § 2254(d)(2) and 28 U.S.C. § 2254(e)(1) in capital cases
23-5507 Carlos Green v. United States Fourth Circuit 2023-09-01 Denied Response WaivedIFP civil-procedure evidentiary-hearing fourth-amendment leasehold-transfer motion-to-suppress privacy-interest probable-cause real-estate search-and-seizure Whether the Trial Court Erred and Violated Petitioner's Fourth Amendment Rights
23-5471 Scott A. Shreffler v. Pennsylvania Pennsylvania 2023-08-29 Denied IFP appellate-procedure civil-procedure clerical-error due-process evidentiary-hearing houston-v-lack notice-of-appeal prisoner-mailbox-rule pro-se-filing timeliness Whether the Pennsylvania appellate court erred in dismissing the petitioner's appeal for untimely filing of notice of appeal
23-5401 Rayshawn J. Christmas v. Unknown Wedd, et al. Fifth Circuit 2023-08-18 Denied Response WaivedIFP civil-procedure civil-rights due-process evidentiary-hearing federal-jurisdiction judicial-procedure magistrate-judge pro-se pro-se-litigation section-1983 standing Why did the court deny Mr. Christmas at least one chance to amend, if it is possible to fix what court thank is wrong with Mr. Christmas's complaint
23-155 Isaac Luna Ashton v. Rick Whitten, Warden Tenth Circuit 2023-08-17 Denied aedpa certificate-of-appealability court-of-appeals district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel tenth-circuit Whether the United States District Court erred in denying a Certificate of Appealability
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…
23-5248 Nikolas Gacho v. Tyrone Baker, Warden Seventh Circuit 2023-08-01 Denied Response WaivedIFP 28-usc-2254 6th-amendment certificate-of-appealability conflict-of-interest due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment Should the 7th Circuit Court of Appeals have issued a certificate of appealability
23-5243 Johnny Johnson v. David Vandergriff, Warden Missouri 2023-07-31 Denied IFP capital-punishment due-process eighth-amendment evidentiary-hearing ford-v-wainwright habeas-corpus mental-competency panetti-v-quarterman procedural-fairness Whether a report from a qualified neuropsychiatrist that a condemned prisoner is incompetent for execution that is not contradicted by any qualified e…
23-5224 James Scott v. Illinois Illinois 2023-07-27 Denied Response WaivedIFP appellate-review civil-procedure constitutional-rights discretionary-review due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence trial-court-record trial-court-records Whether Appellate Court abused its discretion
22-7860 Marijan Cvjeticanin v. United States Third Circuit 2023-06-26 Denied Response WaivedRelisted (2)IFP actual-innocence claim-preclusion constitutional-precedent due-process evidentiary-hearing federal-jurisdiction fundamental-miscarriage-of-justice issue-preclusion jurisdictional-challenge miscarriage-of-justice Did the Third Circuit violate the Constitution's Due Process Clause and this Court's established precedents
22-7706 Johnny Taylor v. Jeff Tanner, Acting Warden Sixth Circuit 2023-06-05 Dismissed Response RequestedResponse WaivedIFP complete-denial-of-counsel critical-stage evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel prejudice presumption-of-prejudice sixth-amendment sixth-circuit If an attorney's deficiency is grave enough, criminal defendants do not need to demonstrate prejudice to prove ineffective-assistance-of-counsel
22-7681 Jason Harriman v. United States Eighth Circuit 2023-06-01 Denied Response WaivedIFP brady-violation due-process eighth-amendment evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel sixth-amendment whether-the-government-violated-constitutional-rights
22-1132 Derek Sine v. Kathryn Kosmides New York 2023-05-22 Denied Response WaivedRelisted (2) 14th-amendment appellate-review attorney-fees due-process evidentiary-hearing fourteenth-amendment order-of-protection willfulness Whether the Court of Appeals erred in denying Petitioner's motion for leave to appeal
22-7600 Randall Cooper, Jr., aka Randall Cooper, aka Randall Carl Cooper, Jr., aka Randall C. Cooper, Jr., aka Randall Carl Cooper v. Mississippi Mississippi 2023-05-19 Denied IFP 14th-amendment 5th-amendment 6th-amendment constitutional-amendments criminal-procedure due-process evidentiary-hearing newly-discovered-evidence trial-rights Whether newly discovered evidence warrants a new trial
22-7573 Donald Lee Kissner v. Matt Macauley, Warden Sixth Circuit 2023-05-16 Dismissed Relisted (2)IFP actual-innocence civil-rights due-process evidentiary-hearing habeas-corpus standing Did the district abuse its discretion in challenging the elected official and denying pending relief as untimely
22-1113 Merril Leroy Jessop v. Texas Texas 2023-05-15 Denied constitutional-claim due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-review standing Whether the Texas courts' refusal to conduct an evidentiary hearing on petitioner's substantial constitutional claim of ineffective assistance of coun…
22-7484 In Re Richard Chapman 2023-05-08 Denied IFP appellate-review binding-precedent civil-procedure constitutional-rights court-mandate due-process evidentiary-hearing judicial-discretion record-review standing Whether the trial court abused its authority when it departed from the appellate court mandate
22-1073 Team Resources Incorporated, et al. v. Securities and Exchange Commission Fifth Circuit 2023-05-04 Denied Response Waived civil-penalty disgorgement due-process eighth-amendment evidentiary-hearing federal-court securities-and-exchange-commission securities-law Whether a federal court may grant a disgorgement request from the Securities and Exchange Commission without granting a defendant's request for a live…
22-7372 Alphonza Leonard Phillip Thomas Bey, III v. United States District Court for the Middle District of North Carolina Fourth Circuit 2023-04-26 Dismissed IFP civil-rights constitutional-interpretation due-process evidence-suppression evidentiary-hearing federal-jurisdiction habeas-corpus judicial-review liberty-remedy removal-proceedings state-court-proceedings When Article I, Section 9 of the North Carolina Constitution states that 'every person restrained of his liberty is entitled to a remedy to inquire in…
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…
22-7354 Rafael L. Beier v. United States Ninth Circuit 2023-04-24 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255-motion sentencing sentencing-guidelines Did the Ninth Circuit err in summarily denying a certificate of appealability that would allow an appeal from an order denying a motion to vacate, set…
22-1029 Jack Jordan v. United States Court of Appeals for the Tenth Circuit Tenth Circuit 2023-04-24 Denied attorney-disbarment constitutional-rights due-process evidentiary-hearing frivolous-arguments judicial-misconduct judicial-privilege judicial-procedure notice-and-opportunity-to-respond Whether a federal appeals court has the power to disbar an attorney
22-7230 James Jonathan Mitchell v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-04-06 Denied IFP actual-innocence due-process evidentiary-hearing exculpatory-evidence federal-petition habeas-corpus newly-discovered-evidence procedural-due-process successive-petition summary-dismissal Whether a state prisoner is entitled to a hearing on a successive habeas corpus petition that raises a claim of actual innocence based on newly discov…
22-6943 Travis Thurston v. Florida Florida 2023-03-06 Denied IFP constitutional-rights due-process evidentiary-hearing florida-law legal-representation post-conviction postconviction-relief Whether the state court's decision to deprive petitioner of post-conviction evidentiary hearing counsel violated his constitutional right to due proce…
22-6923 In Re Jesse Brown 2023-03-03 Denied IFP actual-innocence constitutional-claim defense-theory evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-trial-counsel legal-default post-conviction-relief standard-of-review trial-counsel Whether the Petitioner is entitled to a 'actual innocence' defense theory
22-6893 James Alvin Chaney, aka Ace Chaney v. United States Sixth Circuit 2023-03-01 Denied Response WaivedIFP burden-of-proof court-officers criminal-procedure due-process evidentiary-hearing ex-parte-discussions juror-misconduct jury-instructions united-states-v-ruan unrecorded-ex-parte-discussions In light of United States v. Ruan, were the jury instructions in Chaney incorrect and should Dr. Chaney's conviction be vacated?
22-6833 James Floyd v. Texas Texas 2023-02-22 Denied Response WaivedIFP constitutional-law criminal-procedure double-jeopardy due-process evidentiary-hearing goading mistrial trial-rights Does a goading-style Double Jeopardy violation bar further retrial even where the trial court had granted a mistrial on an independent ground?
22-6688 Danny Richard Rivers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-02-02 Denied IFP 2254(e)(2) due-process evidentiary-hearing federal-civil-procedure habeas-corpus ineffective-assistance martinez-exceptions pinholster procedural-default reversible-error Did the Fifth Circuit Court of Appeals violate due process and/or commit reversable error when it applied PINHOLSTER to bar evidentiary hearing?
22-6609 James D. Thomas v. United States Sixth Circuit 2023-01-23 Denied Response WaivedIFP 28-usc-2255 brady-violation due-process evidentiary-hearing fifth-amendment fourteenth-amendment Did the Sixth Circuit Court of Appeals violate petitioner's Fifth and Fourteenth Amendment right by denying petitioners 28 USC § 2255 motion to vacate…
22-537 Ramy Eid Zaki Hakim v. United States Ninth Circuit 2022-12-12 Denied Response Waived due-process evidentiary-hearing government-inducement government-promise guilty-plea immigration-status judicial-review plea-bargaining plea-withdrawal When can a defendant withdraw a guilty plea induced by the government's promise to assist with immigration status?
22-527 Sammy Jay Riddle v. Texas Texas 2022-12-07 Denied Response RequestedResponse WaivedRelisted (2) constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel state-collateral-review texas-courts texas-criminal-procedure Whether the Texas courts denied petitioner due process by rejecting his substantial ineffective-assistance-of-counsel claim without conducting an evid…
22-6185 Brent William Bogseth v. James R. Schiebner, Warden Sixth Circuit 2022-12-01 Denied Response WaivedIFP 6th-amendment appellate-jurisdiction civil-rights constitutional-review criminal-procedure due-process evidentiary-hearing habeas-corpus jury-verdict sixth-circuit unreasonable-evidence Was the District Court's order denying petitioner's §2254 petition legal?
22-6159 Jeffrey Morris v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-11-29 Denied IFP actual-innocence appellate-review constitutional-rights criminal-procedure due-process evidentiary-hearing post-conviction recantation witness-testimony Does the State of Florida violate a defendant's due process and/or constitutional rights in post-conviction proceedings for full development, presenta…
22-6156 Peter Ivan McNeal v. Dean Borders, Warden Ninth Circuit 2022-11-28 Denied Response WaivedIFP criminal-procedure due-process eighth-amendment evidentiary-hearing exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel memory-expert taint-expert trial-counsel Whether the prosecution presented sufficient evidence to sustain the conviction
22-485 Kenneth Charles McNeil v. United States Ninth Circuit 2022-11-22 Denied Response Waived all-writs-act coram-nobis courts-of-equity criminal-judgment criminal-procedure equity evidentiary-hearing federal-courts habeas-corpus statutory-interpretation Whether federal courts of equity had jurisdiction to correct criminal judgments after completion of the sentence, and, if so, whether federal courts v…
22-6103 Serdar Tatar v. United States Third Circuit 2022-11-18 Denied Response WaivedIFP 18-usc-3582-c-1-a abuse-of-discretion actual-innocence brady-claims concepcion-v-united-states evidentiary-hearing judicial-error legal-standard motion-for-relief rule-60 rule-60-b Whether the district court's denial of Rule 60(b) motion was an abuse of discretion
22-6091 Brian J. Dorsey v. David Vandergriff, Warden Eighth Circuit 2022-11-17 Denied IFP capital-sentencing certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-the-case martinez-v-ryan procedural-default sixth-amendment Whether the law-of-the-case doctrine prohibits a court from changing its previous ruling on the same question later during the course of litigation
22-6065 Samirkumar J. Shah v. United States Third Circuit 2022-11-16 Denied Response WaivedIFP adversarial-process conflict-of-interest criminal-procedure disqualification disqualification-motion due-process evidentiary-hearing prosecutorial-ethics prosecutorial-misconduct Whether the Petitioner was afforded a meaningful and fair adversarial process when the district court denied his motion to disqualify the United State…
22-6074 Terry Eugene Sears v. Vernia Roberts, et al. Eleventh Circuit 2022-11-16 Denied IFP civil-procedure civil-rights due-process eighth-amendment evidentiary-hearing fourteenth-amendment judicial-discretion prisoner-litigation prisoner-rights security-measures Whether the procedures required to institute unusual security measures apply in civil cases brought by prisoner plaintiffs?
22-6007 Jerry Word v. John Christiansen, Warden Sixth Circuit 2022-11-07 Denied Response WaivedIFP civil-procedure due-process evidentiary-hearing fourth-amendment fraud-upon-court fraud-upon-the-court ineffective-assistance-counsel prosecutorial-misconduct remand search-and-seizure standing Whether lower courts may reject a claim of fraud upon the court without addressing the issue or remanding the case
22-5978 Richard R. Crawford v. United States Sixth Circuit 2022-11-02 Denied Response WaivedIFP arbitrary-and-capricious arbitrary-capricious certificate-of-appealability constitutional-rights criminal-procedure detention-versus-arrest due-process evidentiary-hearing sworn-testimony Whether a determination by the lower courts that the officers only detained the petitioner, and not arrested him, which finding was in direct conflict…
22-5888 Manolo Martinez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-10-24 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights due-process evidentiary-hearing franks-v-delaware habeas-corpus probable-cause Whether Petitioner was denied his U.S. Constitutional rights to due process
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
22-253 Christine Chui v. Benjamin Tze-Man Chui, et al. California 2022-09-19 Denied civil-rights due-process evidentiary-hearing government-action guardianship judicial-procedure property-rights settlement settlement-binding Whether government can deprive real properties from parties without due process
22-251 Michael Chui v. Benjamin Tze-Man Chui, as Trustee, et al. California 2022-09-16 Denied california-law civil-procedure civil-rights court-discretion due-process evidentiary-hearing guardian-ad-litem minor-rights settlement-authority standing Is a near-adult ward's right to due process violated by California's law allowing courts to settle actions involving the minor without the minor's kno…
22-5596 Roberta Ronique Bell v. Warden, FCI Dublin Ninth Circuit 2022-09-16 Denied Response WaivedIFP §-2241-relief actual-innocence co-conspirator due-process evidentiary-hearing habeas-corpus procedural-due-process separate-proceedings WHETHER THE DENIAL OF AN EVIDENTIARY HEARING IN SUPPORT OF § 2241 RELIEF CAN BE BASED EXCLUSIVELY ON THE RECORD DEVELOPED BY AN ALLEGED CO-CONSPIRATOR…
22-5495 Micquel Shemario Thomas v. Michigan Michigan 2022-09-01 Denied Response RequestedRelisted (2)IFP brady-violation criminal-procedure discretionary-review due-process evidentiary-hearing habeas-corpus michigan-supreme-court people-v-ginther post-conviction remand state-court supreme-court-review Whether the Michigan Supreme Court's denial of petitioner's delayed application for leave to appeal was contrary to the well-established law in People…
22-176 James Burkhart v. United States Seventh Circuit 2022-08-29 Denied Response Waived 28-usc-2255 adverse-effect conflict-of-interest counsel-conflict evidentiary-hearing guilty-plea ineffective-assistance post-conviction-relief sixth-amendment Whether the Seventh Circuit's formulation of the adverse effect standard under Cuyler v. Sullivan is too demanding, particularly in the guilty plea co…
22-5452 Cameron Paul Crockett v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-08-29 Denied Response WaivedIFP aedpa evidentiary-hearing fact-finding federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice state-court Does AEDPA's 'unreasonable determination of the facts' clause contemplate that materially inadequate state court fact-finding processes can satisfy § …
22-5309 Saddam Daoud Samaan v. United States Eighth Circuit 2022-08-08 Denied Response WaivedIFP attorney-misconduct civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus immunity ineffective-assistance post-conviction-relief Did the lower courts err by suppressing evidence after a state court ruling?
22-5259 Elseddig Elmarioud Musa v. United States Ninth Circuit 2022-08-03 Denied Response WaivedIFP appellate-review buck-v-davis certificate-of-appealability constitutional-rights court-of-appeals due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel supreme-court-precedent Where a Court of Appeals denies a Petition for Issuance of a Certificate of Appealability (COA) in distegard of the rule announced in Buck v Davis"
22-5090 Michelle C. Cantatore v. United States Third Circuit 2022-07-13 Denied Response WaivedIFP certificate-of-appealability criminal-history district-court-discretion evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel section-2255 sentencing sentencing-counsel sentencing-disparity Whether the Third Circuit's denial of a certificate of appealability
22-5103 Chico Jermell Carraway v. United States Third Circuit 2022-07-13 Denied Response WaivedIFP 2255-motion 28-usc-2255 evidentiary-hearing ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 rule-11-procedure sentencing sentencing-hearing Whether a defendant is entitled to an evidentiary hearing under 28 U.S.C. § 2255(b) to prove prejudice from an unkept promise of counsel concerning se…
22-5071 Daniel Toney v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-12 Denied IFP 14th-amendment 6th-amendment circumstantial-evidence due-process evidentiary-hearing fourteenth-amendment habitual-offender ineffective-assistance montgomery sixth-amendment Whether Petitioner's 6th and 14th Amendment rights to due process are being violated by denying claims based on assumption and not facts
22-5032 Steven Louis Barnes v. South Carolina South Carolina 2022-07-05 Denied Response WaivedIFP and whether denial of an evidentiary hearing viol collateral-review constitutional-rights direct-appeal due-process evidentiary-hearing ineffective-assistance-of-counsel ineffective-counsel remedy Is there a distinction between remedies in raising ineffectiveness of constitutional counsel on direct appeal, where constitutional counsel is allowed…
21-1587 Tim Shoop, Warden v. Jeronique D. Cunningham Sixth Circuit 2022-06-23 Denied Amici (1)Relisted (6) aedpa circuit-precedent evidentiary-hearing federal-evidence-rule federal-law habeas-relief sixth-circuit state-court-ruling Whether the Sixth Circuit erred in granting habeas relief based on an alleged misapplication of its own circuit precedent
21-1558 John Curtis Dewberry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Divisions Fifth Circuit 2022-06-14 Denied aedpa certificate-of-appealability death-penalty district-court evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel minor-sentencing Whether the United States District Court For The Eastern District Of Texas erred in denying Petitioner Dewberry a Certificate of Appealability
21-8135 Zachary Chandler v. United States Eleventh Circuit 2022-06-14 Denied Response WaivedIFP adversarial-testing criminal-defense criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-sympathy sixth-amendment sympathy-defense trial-strategy Whether counsel was ineffective due to defense strategy
21-8007 In Re Michael David Hower 2022-06-01 Denied Response WaivedIFP 28-usc-2255 aedpa criminal-procedure due-process evidentiary-hearing federal-rules habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massaro-v-united-states plea-withdrawal Has AEDPA created an unconstitutional barrier that has rendered the petitioner's remedy under 28 U.S.C. §2255 inadequate or ineffective?
21-1493 James Joseph Knochel v. Amy Fackrell, et al. Ninth Circuit 2022-05-27 Denied Response WaivedRelisted (3) civil-rights due-process evidentiary-hearing fraud-on-court habeas-corpus next-friend standing vexatious vexatious-litigant whitmore-standard Does Whitmore v. Arkansas require an evidentiary hearing before dismissing a next friend's petition for writ of habeas corpus?
21-7940 Jason P. Thomas v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. Third Circuit 2022-05-23 Denied IFP criminal-procedure double-jeopardy evidentiary-hearing fabricated-evidence ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sentencing Whether the District Court erred in disposing of Petitioner's claim of ineffective assistance of trial counsel surrounding the failure to litigate a v…
21-7642 Brandon J. Weathers v. Nebraska Nebraska 2022-04-18 Denied Response WaivedIFP constitutional-rights due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel right-to-counsel state-court-conviction Whether the petitioner was denied counsel in violation of the Fourteenth Amendment
21-7607 Devunaire Damorea Sims v. Michigan Michigan 2022-04-13 Denied IFP appellate-counsel due-process effective-assistance-of-counsel evidentiary-hearing fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-hearing sixth-amendment Did the Michigan Supreme Court err in denying this issue when Petitioner was denied his Sixth Amendment right to the effective assistance of counsel w…
21-7582 Francisco Abreu Tartabull v. United States Eleventh Circuit 2022-04-08 Denied Response WaivedIFP 11th-circuit 28-usc-2255 certificate-of-appealability district-court eleventh-circuit evidentiary-hearing habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel section-2255 Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by deny…
21-7539 John P. Higley v. Oklahoma Oklahoma 2022-04-05 Denied IFP 14th-amendment appeal-out-of-time case-law constitutional-rights criminal-procedure direct-appeal due-process evidentiary-hearing findings-of-fact ineffective-assistance Did the Oklahoma Court of Criminal Appeals violate Mr. Higley's 14th Amendment right to Due Process?
21-1318 Gregory Bogomol v. United States Fifth Circuit 2022-04-04 Denied Response Waived 28-usc-2255 evidentiary-hearing federal-procedure fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel knock-and-talk motion-to-suppress warrantless-search What is the proper standard for determining when a federal habeas petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255?
21-7493 Thomas Carl Bruni v. Craig Apple, Sheriff, Albany County, New York Second Circuit 2022-03-29 Denied IFP appeals appellate-procedure certificate-of-appealability civil-rights counsel-appointment due-process evidentiary-hearing federal-jurisdiction habeas-corpus standing Does appellant prove exemption from certificate of appealability?
21-7481 Timothy K. Prince v. Michigan Michigan 2022-03-28 Denied IFP appellate-review evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-bias michigan-supreme-court neglected-issues pecuniary-interest procedural-default trial-counsel Did the Michigan Supreme Court err in refusing to review claims of judicial bias, ineffective assistance of trial and appellate counsel
21-7456 Robert Earl Rowles v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-03-25 Denied IFP criminal-procedure effective-assistance-of-counsel evidentiary-hearing florida-law ineffective-assistance outcome-of-proceeding post-conviction reasonable-probability right-to-counsel sixth-amendment strategic-decision Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights to counsel where counsel's r…
21-7334 Gregory Todd Numann v. United States Ninth Circuit 2022-03-10 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability child-pornography criminal-procedure evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel password-protected-device plea-bargaining Whether the Court of Appeals for the Ninth Circuit erred in denying Mr. Numann's motion for certificate of appealability
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 …
21-7081 Marko Stasiv v. United States Second Circuit 2022-02-09 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidentiary-hearing judicial-discretion jury-coercion jury-trial motion-for-new-trial Was the Defendant entitled to a hearing on jury coercion?
21-6931 Tom Iles White, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-01-20 Denied Relisted (2)IFP constitutional-rights constitutional-violation due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-testify structural-error Defendant's right to testify in habeas corpus proceeding
21-6879 In Re Allen Fitzgerald Calton 2022-01-18 Dismissed IFP cause-and-prejudice constitutional-rights criminal-procedure evidence-review evidentiary-hearing habeas-corpus innocence innocence-claim life-sentence original-jurisdiction state-court-review Whether transfer to the Supreme Court for hearing pursuant to the court's original habeas jurisdiction is warranted in this exceptional life sentence …
21-6885 Miguel Gonzalez Segovia v. United States Third Circuit 2022-01-18 Denied Response WaivedIFP 4th-amendment evidence-suppression evidentiary-hearing exclusionary-rule fourth-amendment pretrial-motion probable-cause search-and-seizure vehicle-stop Whether the Court erred when it denied Mr. Gonzalez Segovia's pretrial motion to suppress evidence seized pursuant to the vehicle stop
21-6901 Wilbert Mathes v. United States Fifth Circuit 2022-01-18 Denied Response WaivedIFP appellate-counsel certificate-of-appealability criminal-procedure drug-quantity drug-quantity-enhancement evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel leadership-enhancement sentencing sentencing-errors Whether the Fifth Circuit's denial of a certificate of appealability
21-6863 Nesly Loute v. United States Eleventh Circuit 2022-01-14 Denied Response WaivedIFP abuse-of-discretion appellate-review certificate-of-appealability district-court evidentiary-hearing habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel remand section-2255 Whether the Eleventh Circuit's denial of a certificate of appealability
21-6874 Joshua Britt v. United States Eighth Circuit 2022-01-14 Denied Response WaivedIFP 28-usc-2255 blackledge-v-allison counsel-misadvice dilang-dat-v-united-states due-process eighth-circuit-review evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief section-2255-motion Whether the United States Court of Appeals for the Eighth Circuit erred in Affirming the conviction
21-6801 In re Johnny McMahon 2022-01-10 Denied IFP constitutional-rights due-process equal-protection evidentiary-hearing extrinsic-fraud fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-fair-trial Whether the Ninth Circuit erred in denying a second or successive petition on the petitioner's claims of due-process, equal-protection, ineffective-as…
21-977 Robert E. Kovacevich v. Gordon R. Finch, et al. Washington 2022-01-07 Denied case-settlement civil-contempt evidentiary-hearing judicial-estoppel judicial-procedure least-intrusive-remedy mootness supreme-court-precedent trial-court-discretion Whether the state courts failed to dismiss a civil contempt that was decided during trial, which conflicts with three decisions of the Supreme Court r…
21-946 Michael Coscia v. United States Seventh Circuit 2021-12-28 Denied Response Waived 28-U.S.C-2255 adversely-affected conflict-of-interest Cuyler-v-Sullivan-446-U.S-335-1980 evidentiary-hearing ineffective-assistance Machibroda-v-United-States-368-U.S-487-1962 section-2255 supreme-court-precedent trial-counsel Whether a petitioner is entitled to an evidentiary hearing under 28-U.S.C-2255 to resolve his claim under Cuyler-v-Sullivan-446-U.S-335-1980
21-6649 Paul J. Hultman v. Daniel Paramo, Warden Ninth Circuit 2021-12-17 Denied Response WaivedIFP due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance juror-misconduct presumption-of-prejudice sixth-amendment Were the Sixth and Fourteenth Amendments violated when a juror admitted viewing unadmitted evidence during deliberations and stated that her verdict w…
21-6655 Henry Trevillion v. United States Eighth Circuit 2021-12-17 Denied Response WaivedIFP civil-procedure covid-19 covid-19-pandemic equitable-tolling evidentiary-hearing federal-procedure judicial-review lockdown statute-of-limitations Is petitioner Henry Trevillion entitled to an evidentiary hearing regarding his claim that the statute of limitations should be equitably tolled becau…
21-6619 Jeremiah Y. Nation v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Eighth Circuit 2021-12-15 Denied Response WaivedIFP appellate-jurisdiction certificate-of-appealability constitutional-violation evidentiary-hearing fourth-amendment habeas-corpus judicial-process legal-review procedural-grounds procedural-review state-court state-court-petition Should a Certificate of Appealability be issued on a Fourth Amendment claim in a Habeas Corpus petition where there was a dispute in the U.S. District…
21-6562 Francis Timothy Plaza v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. Third Circuit 2021-12-08 Denied IFP case-progress civil-procedure due-process equitable-tolling evidentiary-hearing judicial-precedent precedent prisoner-rights procedural-fairness state-court Was it an unreasonable application of this court's precedent to rule that equitable tolling should not apply to the petitioner's case where the state …
21-6469 Glen Campbell v. J. LaManna Second Circuit 2021-12-01 Denied IFP cause-and-prejudice constitutional-claims counsel-ineffectiveness criminal-procedure evidentiary-hearing prosecutorial-misconduct sixth-amendment Whether the District Court overlooked Constitutional Claims and Cause and Prejudice
21-6382 Askia Mustafa Raheem v. Benjamin Ford, Warden Eleventh Circuit 2021-11-23 Denied IFP brain-damage cause-and-prejudice criminal-procedure evidentiary-hearing habeas-corpus incompetency plain-error seizure-disorder Whether the lower courts violated this Court's incompetency and 'right to evidentiary hearing' habeas law
21-6329 Steven Blakeney v. United States Eighth Circuit 2021-11-18 Denied Response WaivedIFP appellate-procedure certificate-of-appealability due-process eighth-circuit evidentiary-hearing habeas-corpus judicial-review procedural-standard summary-reversal Whether this Court should summarily reverse the Eighth Circuit's denial of a COA where the underlying issues were clearly debatable by jurists of reas…
21-6301 Travis Wayne Bentley v. Oklahoma Oklahoma 2021-11-16 Denied IFP criminal-procedure due-process evidentiary-hearing expert-witnesses fourteenth-amendment indian-federal-law indigenous-rights indigent-legal-counsel post-conviction-relief tribal-jurisdiction Did the Oklahoma Court of Criminal Appeals violate Mr. Bentley's Fourteenth Amendment right to Due Process?
21-6270 Catherine Pileggi v. Florida Florida 2021-11-15 Denied Response WaivedIFP constitutional-law constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel postconviction postconviction-relief state-court state-court-procedure Whether the due process clause requires a state court to accept unrebutted factual allegations without an evidentiary hearing
21-6220 Jehoni Kierre Williams v. United States Fifth Circuit 2021-11-09 Denied IFP 2255-motion abuse-of-discretion amendment civil-procedure direct-appeal district-court-discretion evidentiary-hearing federal-rules-of-civil-procedure ineffective-assistance-of-counsel notice-of-appeal Whether the District Court denying petitioner's request to Amend is in conflict with The Federal Rules of Civil Procedure Rule 15?
21-6183 In Re Charles Gary Bruce 2021-11-04 Denied Response WaivedIFP 5th-amendment constitutional-rights due-process evidentiary-hearing judicial-bias judicial-misconduct mandamus pro-se When a petitioner makes a prima facie showing of constitutionally impermissible conduct by prosecution, must court hold a Franks hearing to investigat…
21-6169 Donald Stephen Yaag v. Renee Baker, Warden, et al. Ninth Circuit 2021-11-03 Denied Relisted (2)IFP abuse-of-discretion civil-rights due-process evidentiary-hearing ineffective-assistance-of-counsel public-defender Whether Petitioner's exculpatory evidence claims reflect actual innocence of sexual assault
21-6159 Michael Skinner v. Florida Florida 2021-11-02 Denied Response WaivedRelisted (2)IFP evidentiary-hearing fair-trial guilty-verdict impartial-jury juror-misconduct sixth-amendment sixth-amendment-violation Whether the Sixth Amendment right to a fair trial before an impartial jury would require an evidentiary hearing, following the disposition of a trial …
21-6024 Dudley Allen Hicks v. Florida Florida 2021-10-20 Denied Response WaivedIFP counsel-competence criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel mental-competency post-conviction-relief right-to-counsel sixth-amendment What kind of evidence and circumstances must be revealed for a criminal attorney to create a bona fide doubt as to his client's competence to require …
21-556 Alexander P. Bebris v. United States Seventh Circuit 2021-10-15 Denied Response Waived confrontation-clause constitutional-rights criminal-procedure evidentiary-hearing evidentiary-hearings pretrial-hearing pretrial-hearings sixth-amendment witness-credibility Does the Sixth Amendment and Confrontation Clause apply to all pretrial evidentiary hearings implicating the credibility of a witness?
21-5910 Carlos Sauzo v. United States Fifth Circuit 2021-10-06 Denied Response WaivedIFP 5th-amendment 6th-amendment burden-of-proof constitutional-rights credibility due-process evidentiary-hearing fifth-amendment inconclusive-record judicial-review sixth-amendment Does the Fifth and Sixth Amendment require the lower court to address an evidentiary hearing when the record before the court is inconclusive as to wh…
21-5878 Linaker Charlemagne v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-05 Denied IFP civil-procedure conflict-of-interest constitutional-rights due-process evidentiary-hearing newly-discovered-evidence self-defense service-of-process Whether District Court departed from essential requirements of law by not perfecting service on Petitioner in a timely manner, which denied constituti…
21-5883 Davon Nelson v. United States Fourth Circuit 2021-10-04 Denied Response WaivedRelisted (2)IFP circuit-split collateral-proceeding direct-appeal evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement remand sixth-amendment Whether a defendant on direct appeal should receive a remand for an evidentiary hearing upon showing a colorable Sixth Amendment ineffective-assistanc…
21-5774 Joseph Hilton Dierks v. United States Eighth Circuit 2021-09-23 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing exculpatory-evidence government-misconduct habeas-corpus Whether the petitioner's due process rights were violated when the lower court denied his request for an evidentiary hearing to present evidence that …
21-397 Juan Joe Cano v. Texas Texas 2021-09-13 Denied Response Waived contamination-of-accusations due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel prior-inconsistent-statements procedural-due-process prosecutorial-misconduct sexual-abuse suggestive-questioning witness-impeachment Was petitioner denied the effective assistance of counsel?
21-5640 Todd Dalton v. Raymond Madden, Warden Ninth Circuit 2021-09-09 Denied Response WaivedIFP child-sexual-abuse child-sexual-abuse-accommodation-syndrome csaas-evidence due-process evidentiary-hearing hearsay in-absentia-trial ineffective-assistance taint-and-memory-expert trial-procedure Did the California Courts' Unreasonable Refusal to Hold an Evidentiary Hearing Entitle Dalton to an Evidentiary Hearing?
21-5526 Duane Kelly v. Steven Johnson, Administrator, New Jersey State Prison Third Circuit 2021-09-01 Denied Response WaivedIFP criminal-procedure district-court-review double-jeopardy due-process evidentiary-hearing inconsistent-verdict inconsistent-verdicts post-conviction-relief reasonable-jurist state-court-decision Was the district court's findings that the state court reasonably applied the inconsistent verdict law in this case correct?
21-267 James Garfield Broadnax v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-24 Denied Amici (1)Relisted (2) 28-usc-2254 batson-challenge cullen-v-pinholster evidentiary-hearing federal-review habeas-corpus prosecutorial-discretion racial-discrimination statutory-interpretation Whether a federal habeas petitioner may present evidence of a prosecutor's racially discriminatory intent in support of a Batson claim where the evide…
21-236 Charles A. Dread v. Maryland State Police Fourth Circuit 2021-08-18 Denied civil-procedure constitutional-rights due-process evidentiary-hearing hearing maryland-rule-2-311(f) official-responsibility racial-discrimination summary-judgment was-the-trial-court's-denial-of-the-petitioner's-motion-for-summary-judgment-legally-correct
21-225 Ashley Mere Howard v. Texas Texas 2021-08-16 Denied Response RequestedRelisted (2) credibility-determinations criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining plea-withdrawal Whether the state court's decision conflicts with Lafler v. Cooper
21-5339 Joseph Miller v. United States Seventh Circuit 2021-08-10 Denied Response WaivedIFP brady-v-maryland brady-violation certificate-of-appealability civil-rights constitutional-right due-process evidentiary-hearing ineffective-assistance-of-counsel search-warrant-evidence slack-v-mcdaniel Whether an attorney's failure to advise a client of the adverse ramifications of raising claims of ineffective assistance of counsel on direct appeal …
21-5311 Thomas Morgan Soper, II v. Idaho Idaho 2021-08-06 Denied IFP brady-violation constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-discretion prosecutorial-misconduct sentencing separation-of-powers statutory-interpretation Does a District Court Judge have the power and/or right to ignore an order of suspension of all persistent felony enhancements?
21-5166 Leobardo Valladares v. Craig Koenig, Warden Ninth Circuit 2021-07-22 Denied Response WaivedIFP criminal-procedure cumulative-error due-process evidentiary-hearing first-degree-murder ineffective-assistance jury-instructions reasonable-doubt standard-of-proof sufficiency-of-evidence Did the Prosecution Fail to Prove Beyond a Reasonable Doubt That Valladares Committed First Degree Murder?
21-5062 Ricardo Burgos v. United States Seventh Circuit 2021-07-09 Denied Response WaivedIFP civil-rights-restoration criminal-procedure due-process evidentiary-hearing felon-in-possession plain-error rehaif-standard rehaif-v-united-states Whether the district court erred in refusing to grant an evidentiary hearing under 28 U.S.C. § 2255 where the defendant asserted he did not know he wa…
20-8463 Luther Pete Haynes v. Mona D. Houston, Warden Ninth Circuit 2021-06-30 Denied IFP actual-innocence due-process evidentiary-hearing habeas-corpus illegal-extradition new-evidence Whether the state court abused its discretion in refusing to conduct an evidentiary hearing, violating the petitioner's due process rights to review n…
20-1798 Sylvanus Rene v. Texas Texas 2021-06-25 Denied appellate-review constitutional-claims due-process evidentiary-hearing findings-of-fact habeas-corpus procedural-due-process state-court-proceeding witness-credibility Does the appellate court's rejection without explanation of a trial court's favorable, dispositive findings of fact based on witness credibility deter…
20-8385 Samuel Lee Jackson v. Indiana Indiana 2021-06-23 Denied Response WaivedIFP 14th-amendment 5th-amendment constitutional-rights due-process evidentiary-hearing indiana-constitution ineffective-assistance-of-counsel prior-counsel Whether the Petitioner's due process rights were violated
20-1704 RonRico Simmons, Jr. v. United States Sixth Circuit 2021-06-09 Denied Amici (1)Relisted (3) aedpa evidentiary-hearing government-impediment habeas-corpus limitations-period pro-se timeliness Whether a court can summarily dismiss a pro se habeas petition as untimely for failure to adequately allege a causal connection
20-8227 Trevor Anderson v. Lynn Lilley, Superintendent, Eastern Correctional Facility Second Circuit 2021-06-04 Denied Response WaivedIFP criminal-defendant criminal-procedure due-process evidentiary-hearing fair-trial implicit-bias prosecutorial-misconduct summation visual-presentation Can a prosecutor's display of visual presentation during summation activate implicit biases, and if so, does the activation of those biases deprive a …
20-8118 Joshua Broughton v. Florida Florida 2021-05-25 Denied IFP 11th-circuit civil-rights due-process evidentiary-hearing habeas-corpus standing Whether the petitioner should have been granted an evidentiary hearing in the Eleventh Circuit Court?
20-8125 Raymundo Eusebio-Noriega v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2021-05-25 Denied Response WaivedIFP court-appointed-counsel due-process effective-assistance-of-counsel evidentiary-hearing habeas-corpus language-barrier miranda-rights motion-to-suppress self-incrimination voluntariness-of-statements Where petitioner was denied Court appointed counsel
20-8129 Joseph Miller v. United States Seventh Circuit 2021-05-25 Denied Response WaivedIFP brady-v-maryland brady-violation certificate-of-appealability constitutional-right constitutional-rights direct-appeal evidentiary-hearing fifth-amendment fourth-amendment ineffective-assistance-of-counsel slack-v-mcdaniel Whether an attorney's failure to advise a client of the adverse ramifications of raising certain claims on direct appeal constitutes a substantial den…
20-8111 Taariq Kaaleeq Jackson-Bey v. United States Eighth Circuit 2021-05-24 Denied Response WaivedIFP appeal-waiver constitutional-rights due-process evidentiary-hearing felon-in-possession guilty-plea henderson-v-united-states judicial-review liberty-review notice post-conviction-relief Whether the petitioner's guilty plea to possession of a firearm by a convicted felon under 18 U.S.C. § 922(g) was not knowingly and intelligently made…
20-1624 Robert Butts v. William Sperfslage, Warden Eighth Circuit 2021-05-20 Denied anti-terrorism-act anti-terrorism-and-effective-death-penalty-act attorney-deception effective-death-penalty-act equitable-tolling evidentiary-hearing habeas-corpus holland-v-florida section-2254 Whether the court should grant a writ to clarify the standard for granting an evidentiary hearing on equitable tolling in Section 2254 cases under the…
20-8090 Emem Ufot Udoh v. Minnesota Minnesota 2021-05-20 Denied IFP actual-innocence brady-violation due-process evidentiary-hearing herrera-v-collins ineffective-assistance-of-counsel larrison-v-united-states newly-discovered-evidence prosecutorial-misconduct recantations witness-recantation Whether Petitioner Is Entitled To An Acquittal Or New Trial On The Newly Discovered Exonerating Evidence Showing Actual Innocence Based On Recantation…
20-8042 Jorge Cervantes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-05-17 Denied Response WaivedIFP due-process evidentiary-hearing fact-finding federal-habeas habeas-corpus ineffective-assistance judicial-review legal-determination postconviction-relief standard-of-review state-court-findings strickland Did the trial court use the incorrect standard to review the issues and thus incorrectly apply the fact to the law under Strickland?
20-7970 Christopher R. Glenn v. United States Eleventh Circuit 2021-05-10 Denied Response WaivedIFP appellate-review counsel-misconduct due-process evidentiary-hearing fraud ineffective-assistance judicial-proceedings supervisory-power Did the Eleventh Circuit so far depart from the accepted and usual course of judicial proceedings as to call for an exercise of this Court's superviso…
20-7881 Steven Lynn Oppel v. Minnesota Minnesota 2021-04-28 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-misconduct judicial-reputation wrongful-conviction Are Minnesota courts more interested in protecting a judge's reputation than the constitutional rights of the people?
20-1439 Phillip Dwayne Loyd v. United States Eighth Circuit 2021-04-14 Denied Response Waived actual-innocence certificate-of-appealability constitutional-claims district-court due-process evidentiary-hearing guilty-plea habeas-corpus Whether a district court may deny a habeas corpus petition solely because a petitioner's factual allegations contradict a guilty plea
20-7751 Efrain Lopez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-04-14 Denied IFP actual-innocence constitutional-rights due-process evidentiary-hearing false-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel speedy-trial Did the Fifth Circuit err in denying Lopez's COA on his speedy-trial-violation, due-process, ineffective-assistance-of-counsel, and false-testimony cl…
20-7724 John K. Wilson v. Rosemary Ndoh, Warden Ninth Circuit 2021-04-12 Denied Response WaivedIFP constitutional-standard de-novo-review due-process evidentiary-hearing federal-constitutional-rights fourteenth-amendment guilty-plea no-contest-plea plea-bargaining standard-of-review state-court-proceedings Whether a defendant is entitled to de novo review of a claim that his guilty plea was involuntary under the Fourteenth Amendment
20-7553 Len Davis v. United States Fifth Circuit 2021-03-25 Denied IFP capital-case certificate-of-appealability circuit-court-review evidentiary-hearing federal-appellate-review habeas-corpus supervisory-authority threshold-inquiry Whether this Court should grant certiorari and exercise its supervisory authority to bring uniformity to the circuit courts' COA practice so as to avo…
20-7545 Tyrone Robinson v. Christopher Buesgen, Warden Seventh Circuit 2021-03-24 Denied Response WaivedIFP evidentiary-hearing fact-reduction hearing-standard legal-standing plea-withdrawal post-conviction-relief procedural-rule sentencing standard-of-review standing state-court-jurisdiction Whether a defendant seeking to withdraw a plea after sentencing must prove a reasonable probability of acquittal or only a reasonable probability of a…
20-7467 Timothy Wayne Carver v. United States Eleventh Circuit 2021-03-17 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment Where plea counsel's ineffective assistance causes a defendant to misapprehend the consequences of pleading guilty, may the defendant obtain relief ev…
20-7367 Sherwood Laran Bostic v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-03-08 Denied Response WaivedIFP circuit-court constitutional-right constitutional-rights counsel due-process evidentiary-hearing post-conviction post-conviction-proceedings right-to-counsel state-court-proceedings state-proceeding Did the U.S. Circuit Court of Appeal err when it denied (COA) status on the point raised that the U.S. District Court erred when it sustained that pet…
20-7336 Donovan Jonathan Tillman v. Florida Florida 2021-03-05 Denied Response WaivedIFP constitutional-rights courtroom-access criminal-procedure due-process evidentiary-hearing pretrial-hearing public-trial-clause sixth-amendment state-court-decision witness-exclusion Did the state court, contrary to rulings of this Court and of the supreme and intermediate appellate courts of other states, violate the Public Trial …
20-1181 Kyle Stephen Thompson v. Maryland Maryland 2021-02-25 Denied Response Waived de-novo-review evidentiary-hearing fourth-amendment franks-hearing franks-v-delaware materiality-prong probable-cause search-warrant standard-of-review When a court considers a request for a Franks hearing by excising the challenged statements in the warrant application, does the court review the rema…
20-7156 Faizal Sabar, aka Brian Pimentel v. United States Fifth Circuit 2021-02-16 Denied Response WaivedIFP criminal-procedure discretionary-review evidentiary-hearing guilty-plea supervisory-powers united-states-court-of-appeals Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decisions of this Court on an important matter, an…
20-6899 Cynthia Hudson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-15 Denied Response WaivedRelisted (2)IFP bench-warrant certificate-of-appealability constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court Is a state habeas corpus petitioner denied federal constitutional due process when the state habeas court refuses to bench warrant the petitioner to a…
20-6826 Melissa Dean-Baumann v. Janelle Espinoza, Warden Ninth Circuit 2021-01-14 Denied IFP aedpa due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel martinez martinez-exception state-habeas-petition Whether the California courts' denials bar Dean-Baumann's federal claims
20-6779 Leon Bright v. Angel Didios Florida 2021-01-05 Denied IFP 14th-amendment civil-rights constitutional-rights due-process equal-protection evidentiary-hearing judicial-procedure motion-to-dismiss notice Whether Defendants discriminated against Petitioner and deprived him of Equal Protection and Due Process
20-6766 Steven Justin Villalona v. United States Eleventh Circuit 2021-01-04 Denied Response WaivedIFP 28-usc-2255 due-process evidentiary-hearing haines-v-kerner ineffective-assistance-counsel ineffective-assistance-of-counsel judicial-recusal pro-se-pleadings recusal section-2255 What rights under the Due Process clause do prisoners have during the course of 28 U.S.C. § 2255 proceedings?
20-6548 Tamral Guzman v. United States Sixth Circuit 2020-12-08 Denied Response WaivedIFP 14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief Whether the district court deprived the defendant of her Sixth and Fourteenth Amendment rights by denying her ineffective assistance of counsel claim …
20-6567 Kedrio Lekeis Summerville v. United States Fourth Circuit 2020-12-08 Denied Response WaivedIFP 6th-amendment constitutional-claim criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-withdrawal post-conviction-relief Was the post-conviction counsel ineffective?
20-6496 Michael Alford v. United States Eleventh Circuit 2020-12-02 Denied Response WaivedIFP child-pornography criminal-procedure due-process evidentiary-hearing expert-services expert-witness forensic-evidence ineffective-assistance-of-counsel legal-assistance motion-of-innocence pro-se-litigant right-to-counsel Whether the court erred in refusing to order legal assistance and forensic software expert assistance to obtain and submit factual evidence
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…
20-708 Joe Nathan James v. Terry Raybon, Warden, et al. Eleventh Circuit 2020-11-23 Denied 28-U.S.C.-2254-d appellate-review evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-health-evidence mitigation-evidence post-conviction-review strickland-standard Whether the Court of Appeals failed to follow the review requirements of 28 U.S.C. § 2254(d) and the case law produced surrounding Strickland-v-Washin…
20-6390 Rigoberto Cabrera v. United States Eleventh Circuit 2020-11-19 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-amount prosecutorial-misconduct sentencing sentencing-error witness-testimony Whether Cabrera received ineffective assistance of counsel
20-6293 Raymond Alan Griffin v. United States Fourth Circuit 2020-11-12 Denied Response WaivedIFP criminal-procedure district-court due-process evidentiary-hearing federal-law findings-of-fact motion-to-suppress threshold-determination May a district court make findings of fact resolving contested issues in determining that the threshold for holding an evidentiary hearing on a defend…
20-6263 Haider Salah Abdulrazzak v. Brent Fluke, Warden, et al. Eighth Circuit 2020-11-10 Denied Relisted (2)IFP civil-rights constitutional-claims direct-appeal due-process evidentiary-hearing exhaustion-doctrine habeas-corpus ineffective-assistance standing state-court trial-attorney Whether petitioner is entitled to a copy of the state habeas evidentiary hearing record under the Due Process Clause
20-644 Terrence Pendergrass v. United States Second Circuit 2020-11-10 Denied Response Waived buck-v-davis certificate-of-appealability civil-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance motion-to-vacate second-circuit summary-dismissal Did the Second Circuit err in denying Petitioner's motion for a certificate of appealability where the district court conducted a merits analysis in s…
20-6259 Angela de Jesus-Concepcion v. United States Third Circuit 2020-11-09 Denied Response WaivedRelisted (2)IFP criminal-procedure district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misrepresentation sentencing sixth-amendment Whether Petitioner's Sixth Amendment right to the effective assistance of counsel was impermissibly violated
20-6166 Brad Keith Sigmon v. Bryan Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2020-10-29 Denied IFP capital-punishment capital-sentencing cumulative-evidence evidentiary-hearing ineffective-assistance-of-counsel martinez-claim martinez-v-ryan mitigation-evidence sixth-amendment Whether the Fourth Circuit violated this Court's directives on the Sixth Amendment's right to effective counsel when it rejected Sigmon's Martinez evi…
20-6107 Larry Michael Maples v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-10-23 Denied IFP constitutional-rights controversial-evidence due-process evidentiary-hearing findings-of-fact habeas-corpus ineffective-assistance lower-courts pillow state-evidence Whether an accused's Due-Process Rights are violated when all lower courts deny an Evidentiary Hearing on controversial evidence and picture of a pill…
20-6067 Angeledith Saramaylene Smith v. United States Ninth Circuit 2020-10-20 Denied Response WaivedIFP certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-agreement sentencing sentencing-disparity Whether the Ninth Circuit's methodology for denying a COA is out of step with Supreme Court directive
20-6059 Paul Edward Duran v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2020-10-16 Denied Response WaivedRelisted (2)IFP appellate-review arbitration-award civil-rights constitutional-violations district-court due-process evidentiary-hearing federal-arbitration-act federal-court habeas-corpus judicial-discretion motion-to-vacate Did the Ninth Circuit Court err by not issuing a COA, when the Court had knowledge that there were allegations of constitutional violations that were …
20-5989 Ann Karnofel v. Superior Waterproofing, Inc. Ohio 2020-10-09 Rehearing Response WaivedRelisted (2)IFP attorney-fees attorney-sanctions civil-rights court-procedure due-process evidentiary-challenges evidentiary-hearing judicial-discretion legal-ethics legal-representation pro-se sanctions Whether it was proper to impose sanctions and attorney's fees on a pro se petitioner, when the petitioner did not have an opportunity to respond at th…
20-5885 Mario Perez v. United States Fifth Circuit 2020-10-01 Denied Response WaivedIFP appellate-jurisdiction civil-procedure due-process evidentiary-hearing legal-representation settlement-agreement Question not identified
20-5613 Keith Bernard Smith v. Noah Nagy, Warden Sixth Circuit 2020-09-09 Denied Response WaivedIFP constitutional-rights due-process evidentiary-hearing extraneous-contact fair-trial juror-misconduct jury remmer-v-united-states sixth-amendment trial-fairness Whether the trial court interfered with the petitioner's state and federal constitutional rights to a fair jury trial by refusing to hold an evidentia…
20-5587 Zachary Joseph Love v. United States Eighth Circuit 2020-09-03 Denied Response WaivedIFP 2255-motion 28-usc-2254 28-usc-2255 constitutional-rights evidentiary-hearing federal-procedure habeas-corpus kaufman-v-united-states townsend-factors townsend-v-sain Should the Townsend v. Sain factors for evidentiary hearings in 28 U.S.C. § 2254 state habeas proceedings apply to 28 U.S.C. § 2255 federal habeas pro…
20-5488 Franklin Rafael Lopez Toala v. United States Eleventh Circuit 2020-08-25 Denied Response WaivedIFP 5th-Amendment appellate-record due-process evidentiary-hearing fifth-amendment Gardner-v-Florida judicial-procedure presentence-investigation sentencing sentencing-review Whether the Eleventh Circuit may consider new materials not presented to the sentencing court
20-5377 Brandon Ray Buckles v. United States Ninth Circuit 2020-08-17 Denied Response WaivedIFP §-2255-motion 28-usc-2255 due-process evidentiary-hearing federal-prisoner fifth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Is a district court's summary denial of a federal prisoner's § 2255 motion without an evidentiary hearing improper when the prisoner alleges ineffecti…
20-145 Carl Skidmore v. Joe A. Lizarraga, Warden Ninth Circuit 2020-08-12 Denied Response Waived certificate-of-appealability cumulative-error de-novo-review district-court evidentiary-hearing fact-finding habeas-corpus post-conviction speculative Whether a certificate of appealability should have issued to address the question whether a district court may deny a habeas-corpus-petition as 'specu…
20-133 Joseph Michael Diaz v. United States Eleventh Circuit 2020-08-07 Denied Response Waived child-pornography criminal-appeal eleventh-circuit evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal relevant-conduct sentencing-guidelines sexual-contact Whether the Eleventh Circuit Court of Appeals erred in holding that counsel was not ineffective assistance
20-119 Louis Ruggiero v. United States Eleventh Circuit 2020-08-04 Denied Response Waived 28-usc-2255 criminal-procedure evidentiary-hearing federal-charges ineffective-assistance plea-bargaining prejudice prejudice-standard section-2255 Should the court of appeals have granted a certificate of appealability
20-5250 Oscar Armando Avila-Jaimes v. United States Fifth Circuit 2020-08-04 Denied Response WaivedIFP 28-usc-2255 andrus-precedent evidentiary-hearing fifth-circuit fifth-circuit-review habeas-corpus ineffective-assistance-of-counsel ineffective-counsel strickland-standard strickland-v-washington Should a writ of certiorari be granted since the Fifth Circuit's decision in not remanding to the lower court was contrary to precedent of this court …
20-5155 Charles E. Coughlin v. United States District of Columbia 2020-07-23 Denied Response WaivedRelisted (2)IFP 28-usc-2255 constitutional-right constitutional-rights district-court-discretion evidentiary-hearing expert-witness ineffective-assistance-of-counsel medical-expert-witnesses strategic-decision unreasonable-determination Whether the court of appeals erred in denying petitioner's claim of ineffective assistance of counsel
20-5128 Vernon Chapman v. United States Seventh Circuit 2020-07-21 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process evidentiary-hearing exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-consequences Whether the defendant was denied effective assistance of counsel when the attorney did not follow the advice of several experts advising him on how to…
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…
20-5010 Danny Lee Warner, Jr. v. Montana Montana 2020-07-09 Denied Response WaivedIFP attorney-client-privilege due-process evidentiary-hearing eyewitness-identification fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment Is purposeful intrusion into attorney-client privilege per se prejudicial?
19-8823 Alex Joseph Pedrin, Jr. v. United States Ninth Circuit 2020-06-26 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct stash-house-sting Was Mr. Pedrin prejudiced by counsel's deficiencies?
19-8704 Rolando Q. Alvarado v. Connie Horton, Warden Sixth Circuit 2020-06-15 Denied Response WaivedIFP 28-usc-2254 appellate-review circuit-court due-process evidentiary-hearing factual-determination habeas-corpus ineffective-assistance-of-counsel procedural-error statutory-interpretation unreasonable-determination-of-facts Whether the decision of the Sixth Circuit Court of Appeals is based on an unreasonable determination of the facts due to an incomplete record and is c…
19-1372 Angel M. Ayala-Vazquez v. United States First Circuit 2020-06-12 Denied Response Waived 5th-amendment 6th-amendment appellate-review certificate-of-appealability due-process evidentiary-hearing fair-trial fifth-amendment judicial-proceedings perjured-testimony sixth-amendment standard-of-review supreme-court-precedent writ-of-certiorari Whether the lower courts circumvented the standard of review for issuing a certificate of appealability
19-8657 Manoj Kumar Jha v. United States Fourth Circuit 2020-06-10 Denied Response WaivedRelisted (2)IFP circuit-split due-process evidentiary-hearing fair-trial fair-tribunal judicial-bias post-conviction-collateral-motion post-conviction-relief section-2255-motion Can-the-District-Court-deny-a-28-U.S.C.-§-2255-motion-without-holding-an-evidentiary-hearing
19-8633 Weylin O. Rodriguez v. United States Eleventh Circuit 2020-06-07 Denied Response WaivedIFP certiorari-review due-process eleventh-circuit evidentiary-hearing habeas-corpus miller-el-standard precedent remand section-2255 supreme-court-precedent title-28-U.S.C-2255 Whether the Eleventh Circuit's decision not to remand for an evidentiary hearing was contrary to precedent requiring such a hearing under 28-U.S.C-225…
19-8433 Anthony Paul John v. Florida Florida 2020-05-11 Denied Response WaivedIFP constitutional-rights due-process evidentiary-hearing fifth-amendment fourteenth-amendment habeas-corpus post-conviction-relief postconviction-relief right-to-counsel sixth-amendment Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court
19-8392 Juan Balderas v. Texas Texas 2020-05-04 Denied IFP brady-violation capital-punishment constitutional-violations due-process evidentiary-hearing habeas-corpus ineffective-assistance post-conviction state-procedures In a death penalty case, where a state provides a post-conviction procedure for challenging the unresolved constitutional violations that occurred at …
19-8128 Bobby Joe Buckner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-03-27 Denied IFP civil-rights due-process evidentiary-hearing fifth-circuit implied-bias standard-of-review Did the Fifth Circuit err in its application of the implied bias doctrine by stating that this case is outside the 'extreme genre of cases' to warrant…
19-8098 Juan Carlos Rodriguez v. United States Ninth Circuit 2020-03-24 Denied Response WaivedIFP concurrent-sentences due-process evidentiary-hearing guilty-plea ineffective-assistance motion-to-vacate plea-bargaining sentencing sentencing-consequences Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?
19-8046 Michael Anthony Cervantes v. W. L. Montgomery, Warden Ninth Circuit 2020-03-19 Denied Response WaivedIFP 28-usc-2254 constitutional-rights due-process evidentiary-hearing habeas-corpus habeas-relief ineffective-assistance-of-counsel prosecutorial-misconduct standing statutory-interpretation witness-testimony Whether the district court erred in denying petitioner's habeas corpus petition under 28 U.S.C. § 2254(d)(2) where the district court failed to adequa…
19-7894 In Re Charles S. Renchenski 2020-03-11 Denied Response WaivedIFP constitutional-law due-process evidentiary-hearing federal-review habeas-corpus procedural-default statutory-adequacy statutory-interpretation statutory-notice writ-of-certiorari Did the federal court(s) unlawfully suspend the writ of habeas corpus?
19-7921 Floyd Dewaine Scott v. Superior Court of California, Monterey County Ninth Circuit 2020-03-10 Denied IFP access-to-courts civil-rights court-access due-process evidentiary-hearing habeas-corpus judicial-bias recusal vexatious-litigant void-judgment Is it contrary to clearly established laws for an attorney to knowingly use court cases that were never filed or commenced, or maintained to use as ex…
19-1072 Scott Rothstein v. United States Eleventh Circuit 2020-03-02 Denied Response Waived cooperation cooperation-credit criminal-procedure due-process evidentiary-hearing government-withdrawal plea-agreement rule-35 rule-35-motion Whether the Government's right to withdraw a previously earned and filed Rule 35 Motion violates the defendant's due process rights
19-7813 Michael C. Jamerson v. Jason Lewis, Warden Missouri 2020-02-28 Denied Response WaivedIFP brady-v-maryland brady-violation due-process evidentiary-hearing exculpatory-evidence giglio-vs-united-states habeas-corpus napue-standard napue-vs-illinois perjured-testimony prosecutorial-misconduct witness-testimony Did the Missouri courts err in failing to find that the State's failure to disclose exculpatory evidence violated its obligation under Brady v. Maryla…
19-7767 Octavio Torres Ortega v. Florida Attorney General, et al. Eleventh Circuit 2020-02-26 Denied Response WaivedIFP civil-procedure civil-rights criminal-procedure due-process evidentiary-hearing factual-record ineffective-assistance ineffective-assistance-of-counsel judicial-review new-trial reversible-errors standing trial-counsel trial-errors Should any of the reviewing court's have reversed for an evidentiary hearing to develop an accurate factual record
19-7785 Jacob Daniel Wolf v. Suzanne M. Peery, Warden Ninth Circuit 2020-02-26 Denied Response WaivedIFP civil-procedure criminal-appeal due-process evidentiary-hearing habeas-petition post-conviction-relief statutory-tolling time-barred timeliness Did the district court properly grant Respondent's motion to dismiss Wolfs habeas petition as time-barred?
19-7710 George R. Young v. Wanza Jackson-Mitchell, Warden Sixth Circuit 2020-02-19 Denied IFP actual-innocence confrontation-clause constitutional-rights criminal-proceeding due-process evidentiary-hearing habeas-corpus ineffective-assistance newly-discovered-evidence self-incrimination state-court-proceedings Whether the District Court erred in denying petitioner's actual-innocence claim
19-1034 Tami L. Mitchell v. Thomas M. Dillahunt Minnesota 2020-02-19 Denied 14th-amendment district-court due-process enforceability evidentiary-hearing fourteenth-amendment military-retired-pay state-courts uniformed-services-former-spouses-protection-act Did the Minnesota District Court's division of petitioner's military retired pay violate the Uniformed Services Former Spouses' Protection Act?
19-7697 Rebecca Leigh Lovell v. Children's Corner Daycare Sixth Circuit 2020-02-18 Denied Response WaivedRelisted (2)IFP alternative-dispute-resolution civil-procedure coercion constitutional-rights court-discretion due-process duress evidentiary-hearing settlement-dispute settlements trial-court Did the Court of Appeals err in finding the trial court did not abuse its discretion by enforcing settlements that were disputed by a party without ho…
19-7563 Terry Glynn Speed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-06 Denied IFP civil-rights constitutional-violation due-process evidentiary-hearing habeas-corpus new-trial perjury racial-bias trial-procedure Whether the reviewing court is required to hold an evidentiary hearing to allow the petitioner to prove claims of racial prejudice and bias that would…
19-7555 In Re Eugene French 2020-02-05 Denied IFP aedpa aedpa-limitations evidence-hearing evidentiary-hearing federal-courts habeas-corpus jurisdiction-question newly-discovered-evidence original-jurisdiction successive-petition Whether transfer to the district court for a hearing pursuant to this court's original habeas jurisdiction is warranted in this exceptional case where…
19-7545 Willie Palmer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-02-04 Denied Response WaivedIFP 6th-amendment abandonment effective-assistance-of-counsel evidentiary-hearing ineffective-assistance jury-instruction jury-instructions postconviction-relief rule-3.850 sixth-amendment unreasonable-determination-of-facts Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court
19-7451 David Keith Rogers v. California California 2020-01-30 Denied IFP 6th-amendment constitutional-hearing constitutional-rights court-discretion discretion due-process evidentiary-hearing fair-trial hearing judicial-procedure juror-misconduct legal-review When a court is presented with admissions of clear juror misconduct is it constitutionally compelled to conduct a hearing to determine the extent and …
19-7492 Inger L. Jensen v. United States Eleventh Circuit 2020-01-30 Denied Response WaivedIFP 28-usc-2255 abuse-of-discretion evidentiary-hearing habeas-corpus habeas-corpus-28-usc-2255 harmless-error ineffective-assistance-of-counsel standard-of-review Whether the district court erred in denying an evidentiary hearing on petitioner's 28 U.S.C. § 2255 claim
19-946 William Snowden, Jr. v. Charmaine Bracy, Warden Sixth Circuit 2020-01-28 Denied Response Waived actual-innocence aggravated-felony evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel procedural-default When a habeas corpus Petitioner is innocent of an aggravated felony, has proof of innocence beyond all reasonable doubt and the conviction occurred be…
19-936 Terry Trentacosta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-27 Denied 28-usc-2253 appellate-procedure certificate-of-appealability civil-procedure evidentiary-hearing federal-habeas habeas-corpus slack-v-mcdaniel state-prisoner Should a state prisoner take a separate, direct appeal of the denial of an evidentiary hearing in a federal habeas case when no 'certificate of appeal…
19-7400 Christopher R. Glenn v. United States Eleventh Circuit 2020-01-24 Denied Response WaivedIFP circuit-court civil-procedure civil-rights counsel-misconduct criminal-procedure due-process evidentiary-hearing fraud habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct judicial-proceedings pro-se-petition standing supervisory-power Did the Eleventh Circuit so far depart from the accepted and usual course of judicial proceedings as to call for an exercise of this Court's superviso…
19-7359 Danny Guzman-Correa v. United States First Circuit 2020-01-22 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel jury-consultant lafler-v-cooper missouri-v-frye prejudice public-trial public-trial-violation Whether reasonable jurist could find it debatable that Petitioner's public-trial violation warranted reversal at the minimum for an evidentiary hearin…
19-7327 Antonio Macli v. United States Eleventh Circuit 2020-01-17 Denied Response WaivedIFP certificate-of-appealability claim-by-claim claim-determination constitutional-law criminal-procedure due-process evidentiary-hearing federal-court federal-courts habeas-corpus reasonable-jurists Does a federal habeas court have to determine the need for an evidentiary hearing on a claim by claim basis?
19-7272 Kenyatta Quinn Mitchell v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2020-01-15 Denied Response WaivedIFP 6th-amendment compulsory-process constitutional-law constitutional-rights criminal-conviction criminal-procedure due-process evidentiary-hearing fair-trial reasonable-doubt sixth-amendment trial-fairness Whether the petitioner received constitutionally effective assistance of counsel at trial
19-845 Charles Huggins v. United States Second Circuit 2020-01-06 Denied Response Waived 28-usc-2255 brady-violation criminal-procedure due-process evidentiary-hearing ineffective-assistance insufficient-evidence perjury section-2255 sixth-amendment Whether Petitioner was deprived of due process
19-7014 Geoffrey Scott Gaffney v. United States Eighth Circuit 2019-12-19 Denied Response WaivedIFP appeals constitutional-provisions district-court due-process eighth-circuit evidentiary-hearing habeas-corpus procunier-v-atchley stare-decisis Should this court grant this petition to address the obvious failure of the eighth circuit court of appeals to require a district court to conduct an …
19-6976 James Clayton Johnson v. Arizona Arizona 2019-12-17 Denied IFP arizona capital-punishment constitutional-challenge cruel-and-unusual-punishment death-penalty due-process evidentiary-hearing factual-findings meaningful-opportunity standing Does a court deprive a capital defendant of his due process right to a meaningful opportunity to be heard when the defendant challenges the constituti…
19-709 Mako One Corporation, et al. v. Cedar Rapids Bank and Trust Company Eighth Circuit 2019-12-04 Denied Response Waived circuit-split civil-procedure civil-rights conflict-of-interest due-process evidentiary-hearing judicial-remedy remand reversal structural-error When a Circuit Court finds opposing counsel has an actual and serious conflict of interest in a civil case, should the Court view the conflict as a 's…
19-6715 Brandon Lashon Ingram v. United States Fourth Circuit 2019-11-22 Denied Response WaivedIFP confrontation-clause evidentiary-hearing habeas-corpus habeas-corpus-review harmless-error harmless-error-analysis ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington Does Title 28 U.S.C. § 2255(b) automatically require an evidentiary hearing when an affidavit presented by a defendant alleging a breakdown in communi…
19-6638 Yannier Arias v. United States Eleventh Circuit 2019-11-21 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel Whether conflicting affidavits require an evidentiary hearing for ineffective-assistance-of-counsel
19-6665 Wesley Harlan Kingsbury v. United States Ninth Circuit 2019-11-18 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?
19-6600 Barry Lernard Davis v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP 2255-motion 60b-motion abuse-of-discretion coa-brief court-of-appeals due-process evidentiary-hearing manifest-injustice procedural-due-process psr psr-challenge section-2255 sentencing-claim sentencing-evidence sentencing-issue sentencing-review Where petitioner attacked evidence; State's Certified Motion to Dismiss allegation in his PSR, of R.D., to his 2255 Motion, and argued his evidence in…
19-6604 Ray Jefferson Cromartie v. Benjamin Ford, Warden Eleventh Circuit 2019-11-13 Denied IFP capital-case-appeal capital-punishment circuit-split diligence evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel malice-murder new-evidence new-evidence-of-innocence Whether new evidence of innocence obtained by subsequent diligent counsel should be deemed new evidence, even if prior counsel provided deficient repr…
19-6550 Christian James Gieseke v. United States Fifth Circuit 2019-11-12 Denied Response WaivedIFP 28-U.S.C-2255 28-usc-2255 6th-amendment counsel-misfeasance defenses duty-to-mitigate evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction pretrial-detainee When a post-conviction movant proceeding under 28-U.S.C-2255 raises claims which would entitle him to relief, does the lack of proffered evidence nega…
19-6527 Ruben Patrick Valdes v. United States Fifth Circuit 2019-11-06 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability constitutional-claim criminal-history evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plain-error sentencing-guidelines was-trial-counsel-constitutionally-ineffective
19-6529 James Tyson, Jr. v. United States Fourth Circuit 2019-11-06 Denied Response WaivedIFP 2255-motion access-to-courts civil-procedure constitutional-rights due-process evidentiary-hearing ineffective-assistance rule-6-motion sealing-orders standing transparency Was the district court's denial of Petitioner's Rule 6 motion to unseal documents a denial of Petitioner's due-process rights?
19-6534 Saad Bahoda v. Sherman Campbell, Warden Sixth Circuit 2019-11-06 Denied Response WaivedIFP appellate-procedure Bunkley-v-Florida conflict-of-interest effective-assistance-of-counsel evidentiary-hearing forged-affidavits ineffective-assistance-of-counsel jury-instructions michigan-law People-v-Triplett plain-error self-defense sixth-amendment witness-conflict Whether petitioner was denied his Sixth Amendment right to effective assistance of counsel at trial
19-6491 Matthew Shaffer v. United States Sixth Circuit 2019-11-05 Denied Response WaivedIFP 4th-amendment criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-conspiracy due-process evidence-suppression evidentiary-hearing exclusionary-rule firearms-expert-testimony-drug-activity law-enforcement-testimony multiple-conspiracies-sentencing-enhancements rule-29-motion-sufficiency-of-evidence search-warrant sentencing-enhancement standing Whether the trial court erred in failing to conduct an evidentiary hearing and suppress evidence obtained under a search warrant
19-6429 William Jovian Davis v. Clark E. Ducart, Warden Ninth Circuit 2019-11-01 Denied Response RequestedRelisted (7)IFP aedpa certificate-of-appealability evidentiary-hearing forensic-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit-review pro-se strickland-standard strickland-v-washington Did the Ninth Circuit's unreasoned denial so clearly misapply Buck's modest standard as to call for summary reversal?
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 Whether a defendant claiming mental incompetency should have the state court records reviewed prior to denying equitable tolling
19-6419 Scott Wilson v. United States Fourth Circuit 2019-10-28 Denied Response WaivedIFP certificate-of-appealability commerce-clause constitutional-rights due-process evidentiary-hearing fourth-circuit habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-bargaining Whether the district court erred in denying Wilson's habeas claim alleging counsel's unreasonable failure to investigate law and misadvice, thereby re…
19-6316 James Matthew Shelton v. United States Sixth Circuit 2019-10-22 Denied Response WaivedIFP certificate-of-appealability competency-evaluation competency-to-stand-trial evidentiary-hearing habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion sixth-amendment sixth-circuit Whether the lower court erred in denying Shelton's habeas claim alleging ineffective assistance of counsel and abused its discretion in denying him an…
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
19-515 Baldassare Amato v. United States Second Circuit 2019-10-21 Denied adverse-effect automatic-reversal conflict-of-interest cuyler-v-sullivan evidentiary-hearing holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether Sixth Amendment analysis under Cuyler v. Sullivan applies to both successive and concurrent conflicts
19-6231 William Dean Chapman v. United States Fourth Circuit 2019-10-16 Denied Response WaivedRelisted (2)IFP aedpa aedpa-limitations circuit-split due-process equitable-tolling evidentiary-hearing fraud-upon-the-court habeas-corpus hill-v-lockhart holland-v-florida kyles-v-whitley lemaster materiality miller-v-united-states plea-agreement prosecutorial-misconduct raines-v-united-states rule-11 standing strickland supreme-court-precedent Is equitable tolling warranted when access to legal files and resources is severely hampered?
19-459 Texas Brine Company, LLC v. Florida Gas Transmission Company, LLC Louisiana 2019-10-07 Denied Response Waived appellate-procedure civil-procedure constitutional-rights due-process evidentiary-hearing judicial-bias political-sensitivity random-assignment recusal When a litigant presents a colorable claim of judicial-bias, does due-process entitle that litigant to an evidentiary-hearing
19-6138 William A. White v. United States Eleventh Circuit 2019-10-02 Dismissed Response WaivedIFP certificate-of-appealability civil-procedure district-court due-process evidentiary-development evidentiary-hearing habeas-corpus judicial-procedure judicial-proceedings post-conviction-relief section-2255 supervisory-power May a District Court strike all evidence in a 28 USC §2255 proceeding and deny relief for failure to present evidence?
19-6099 Khalil Stafford v. New Jersey New Jersey 2019-10-01 Denied IFP appeals appellate-review due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plain-error time-barred Whether the courts erred in failing to grant the defendant a partial evidentiary hearing on challenges to the fourth and fifth convictions, particular…
19-6052 Rafie A. Lee v. Florida, et al. Eleventh Circuit 2019-09-24 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing fair-trial federal-court fundamental-fairness habeas-corpus judicial-review state-court state-court-proceedings Whether Petitioner was denied 'Fundamental Fairness' in the State Court Proceedings?
19-5985 Leeroy Cesar Carballo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-18 Denied IFP appeal constitutional-rights criminal-procedure due-process evidentiary-hearing fifth-circuit-review fundamental-rights ineffective-assistance-of-counsel right-to-testify sentencing sentencing-phase Whether a criminal defendant's right to testify was violated when his trial counsel prevented him from testifying to his version of events during the …
19-5883 Richard Johnson v. United States Eleventh Circuit 2019-09-10 Denied Response WaivedIFP criminal-procedure eleventh-circuit evidentiary-hearing fourth-amendment franks-challenge franks-v-delaware gall-standard search-warrant search-warrant-challenge-standard sentencing-variance substantial-preliminary-showing substantive-reasonableness veracity Whether this Court Should Clarify the Quantum Necessary for a Finding of a 'Substantial Preliminary Showing' That Entitles Defendants to a Hearing in …
19-5874 David Kirkland v. United States Third Circuit 2019-09-09 Denied Response WaivedIFP acceptance-of-responsibility constitutional-claim evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prejudice sentencing-reduction sixth-circuit strickland-standard third-circuit trial Whether the petitioner's attorney was ineffective for withholding information
19-5837 Terri McGuire Mollica v. United States Eleventh Circuit 2019-09-05 Denied Response WaivedIFP detention-cell Evidentiary-Hearing Exclusionary-Rule Fourth-Amendment Fruit-of-the-Poisonous-Tree Fruits-of-Poisonous-Tree ineffective-assistance Ineffective-Assistance-of-Counsel Reasonable-Expectation-of-Privacy section-2255 unreasonable-search Unreasonable-Search-and-Seizure Warrantless-Search Was Petitioner's guilty plea sustained in violation of the Fourth Amendment, Unreasonable-Search-and-Seizure, where law enforcement conducted a warran…
19-5757 Fulvio Flete-Garcia v. United States First Circuit 2019-08-29 Denied Response WaivedIFP aggravated-identity-theft conspiracy conversion-of-government-property evidentiary-hearing government-as-victim government-property identity-theft loss-calculation sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement tax-fraud tax-fraud-conspiracy victim-enhancement Whether the court may apply a two-level enhancement for crimes involving ten or more victims when the victim is the Government
19-5717 Ronnie C. Brown v. Jeff Macomber, Warden, et al. Ninth Circuit 2019-08-28 Denied Response WaivedIFP civil-procedure due-process equitable-tolling evidentiary-hearing habeas-corpus judicial-discretion mental-capacity mental-illness pro-se pro-se-petition Is equitable tolling available for a late-filed pro se habeas petition due to mental illness?
19-5728 Kristin L. Hardy v. Kelly Santoro, Acting Warden Ninth Circuit 2019-08-28 Denied Response WaivedIFP appellate-review district-court evidentiary-hearing federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel performance-prong plea-negotiations sentencing-exposure state-court Whether a federal appellate court fails to provide legitimate federal habeas review
19-5603 Jonathan Javier Aleman v. United States Eleventh Circuit 2019-08-15 Denied Response WaivedIFP appeal-waiver certificate-of-appealability collateral-review constitutional-counsel criminal-case-defendant-rights criminal-defense evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-appeal sentencing sentencing-challenge subject-matter-jurisdiction Was defense counsel's advice constitutionally inadequate?
19-5505 Jose Hernandez-Carbajal v. United States Fourth Circuit 2019-08-08 Denied Response WaivedIFP due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated
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?
19-5320 Romon Lamont Dobbins v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections Tenth Circuit 2019-07-24 Denied IFP criminal-procedure due-process evidentiary-hearing fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence reasonable-doubt search-and-seizure Was Petitioner's Conviction Sustained With Insufficient Evidence Beyond A Reasonable Doubt?
19-5294 Abraham Asley Augustin v. United States Sixth Circuit 2019-07-23 Denied Response WaivedIFP 28-usc-2255 amendment criminal-procedure criminal-procedure-15a due-process evidentiary-hearing fair-notice federal-rules-civil-procedure fourth-amendment habeas-corpus motion-to-amend pleading responsive-pleading section-2255 standing Whether the Fed. R.. Crim. P. 15(a) Motion's right to amend as a-matter of course' a 28 U.S.C. Sec. 2255 before a Responsive pleading is filed can be …
19-105 Joseph A. Caramadre v. United States First Circuit 2019-07-22 Denied Response Waived 28-usc-2255 abuse-of-discretion appellate-review certificate-of-appealability evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance section-2255 strickland-standard strickland-v-washington Should a Writ of Habeas Corpus issue
19-5275 Richard Michael Mathisen v. United States Fourth Circuit 2019-07-22 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-relief right-to-counsel sentencing sentencing-hearing sixth-amendment Whether the district court and Fourth Circuit erred in denying Mr. Mathisen's 28 U.S.C. § 2255 motion based on ineffective assistance of counsel
19-5239 Kenneth Traylor v. Mississippi Mississippi 2019-07-18 Denied Response WaivedIFP actual-innocence due-process evidentiary-hearing fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction post-conviction-relief Whether the petitioner's substantive claim should be heard on the merits as it could not have been raised in earlier proceedings
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…
19-5067 Jimmie Darnell Dixon v. Darrel Vannoy, Warden Fifth Circuit 2019-07-05 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-insanity-defense-due-process-si due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel insanity-defense insufficient-evidence Whether the lower court erred denying COA on the claim of insufficient evidence where petitioner sufficiently proved by a preponderance of the evidenc…
19-35 Brandon Lee Mojica v. United States Eleventh Circuit 2019-07-03 Denied Response RequestedResponse WaivedRelisted (2) circuit-review criminal-procedure due-process evidentiary-hearing federal-statute habeas-corpus heightened-pleading post-conviction-relief sentencing standard-of-proof united-states-v-davis Whether the Court should grant, vacate, and remand this case to the Eleventh Circuit for reconsideration in light of United States v. Davis
19-5012 Frank Sarcona v. United States Eleventh Circuit 2019-07-01 Denied Response WaivedIFP actual-innocence constitutional-issues constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel procedural-bar prosecutorial-misconduct Did the District Court and the Court of Appeals err in relying on procedural bar instead of the underlying constitutional issues by blocking a federal…
18-9715 Johnny Curtis Bedgood v. United States Eleventh Circuit 2019-06-18 Denied Response WaivedRelisted (2)IFP criminal-procedure critical-stage evidentiary-hearing fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining pre-trial-counsel section-2255 sentencing sentencing-enhancements whether-the-us-district-court-abused-its-discretion
18-9690 Curt M. Lockett v. Florida Florida 2019-06-17 Denied Response WaivedIFP abuse-of-writ actual-innocence carrier-standard constitutional-claims due-process evidentiary-hearing federal-review habeas-corpus innocence-claim post-conviction-review procedural-error successive-petitions Should 4 habeas petitioners' claims of actual innocence, supported by the facts of the record, be subject to doctrines of abuse or successive use of t…
18-9665 Alejandro Hernandez-Delgado v. California California 2019-06-13 Denied Response RequestedRelisted (2)IFP criminal-procedure due-process evidence-code evidentiary-hearing fourteenth-amendment juror-bias juror-misconduct jury-deliberations racial-bias racial-stereotypes sixth-amendment What fact-finding procedures are required by the Sixth and Fourteenth Amendments when a defendant makes a threshold showing that a juror relied on rac…
18-9525 Mark A. Harris v. Suzanne M. Peery, Warden Ninth Circuit 2019-06-03 Denied Response WaivedIFP credibility credibility-determination criminal-procedure-ineffective-assistance-of-couns evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining strickland-standard strickland-v-washington Whether the standard for reviewing a petitioner's allegations of special circumstances is subjective or objective, and whether an evidentiary hearing …
18-9412 Amin A. Rashid v. United States Third Circuit 2019-05-24 Dismissed Response WaivedRelisted (2)IFP criminal-act criminal-act-concealment due-process evidentiary-hearing exoneration fundamental-defect judicial-misconduct mail-fraud miscarriage-of-justice neutral-judge section-2255 standing Whether Undisputed Evidence Suggesting That The Trial Judge Was Acting To Conceal A Criminal Act Committed By Prior Judges In The Case Which Act If Ad…
18-9329 Sean M. Barnhill v. United States Sixth Circuit 2019-05-17 Denied Response WaivedIFP appellate-standard certificate-of-appealability civil-procedure due-process evidentiary-hearing habeas-corpus judicial-procedure pro-se-petition section-2255 sixth-amendment sixth-circuit-review standard-of-review Did the Sixth Circuit err by exceeding the scope of the COA analysis
18-9256 Zeeshan Khalid Syed v. United States Sixth Circuit 2019-05-15 Denied Response WaivedIFP affidavit certificate-of-appealability civil-procedure civil-rights counsel-affidavit court-discretion due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel pro-se reasonableness-of-counsel standing waiver waiver-doctrine writ-of-certiorari When a pro-se files for a COA and discusses his claim extensively in his argument, can the Court construe the issue as being waived?
18-9293 Eugene Cooper v. Florida Florida 2019-05-15 Denied Response WaivedIFP abuse-of-discretion constitutional-rights due-process evidentiary-hearing federal-constitutional-rights newly-discovered-evidence postconviction-relief right-to-counsel trial-court-discretion Whether the trial court erred and abused its discretion in denying Mr. Cooper's 3.850 (b) (1) Motion for Postconviction relief based on Newly Discover…
18-1393 William T. Walters v. United States Second Circuit 2019-05-07 Denied criminal-procedure evidentiary-hearing grand-jury-secrecy presumption-of-prejudice prosecutorial-misconduct rule-6(e) rule-6e-violation structural-error Whether systematic and pervasive government misconduct that violates Federal Rule of Criminal Procedure 6(e) is structural error giving rise to a pres…
18-9163 Phillip L. Horrell v. Michael D. Downey, Sheriff, Kankakee County, Illinois Seventh Circuit 2019-05-06 Denied Response WaivedIFP actual-innocence brady-violation civil-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standing voluntary-plea Whether the district court erred in dismissing petitioner's claims and denying an evidentiary hearing
18-9084 Edward JoRodge Gladney v. United States Fifth Circuit 2019-05-02 Denied Response WaivedIFP criminal-procedure diminished-capacity due-process evidentiary-hearing expert-testimony ineffective-assistance ineffective-assistance-of-counsel mental-capacity plea-bargaining plea-voluntariness sentencing sentencing-mitigation Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegation…
18-9053 Paul William Hilton v. United States Sixth Circuit 2019-05-01 Denied Response WaivedIFP civil-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance post-conviction-relief standing title-28-usc-2255 Whether the Petitioner is entitled to an evidentiary hearing pursuant to Title 28 U.S.C. § 2255
18-9028 Lochild Reed v. James Flood, Jr., Acting Warden, et al. Fourth Circuit 2019-04-30 Denied Response WaivedIFP brady-violation constitutional-violations due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel ineffective-counsel post-conviction-proceedings post-conviction-relief structural-error structural-errors Did the District Court err by not granting an evidentiary hearing to address Constitutional Violations
18-9048 Brian Boykins v. Robert Napel, Warden Sixth Circuit 2019-04-30 Denied Response WaivedIFP appellate-review burden-of-proof civil-rights criminal-procedure due-process evidentiary-hearing federal-court right-to-counsel standard-of-review standing trial-court-record Whether a federal court must grant an evidentiary hearing and findings, contrary to Townsend v. Sain, 372 U.S. 293 (1963)
18-8997 Troy Williams v. Florida Florida 2019-04-25 Denied Response WaivedIFP brady-violation constitutional-error constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-procedure legal-standard post-conviction-relief Whether the Post Conviction Court erred when it failed to conduct an evidentiary hearing on Petitioner's Motion for Post Conviction Relief based upon …
18-8961 Dion Thomas v. United States Eighth Circuit 2019-04-23 Denied Response WaivedIFP abuse-of-discretion blackledge-v-allison civil-rights district-court due-process evidentiary-hearing evidentiary-hearing-discretion habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ins-v-phinpathya plea-bargaining plea-negotiations rose-v-lundy sixth-amendment standing unsworn-statements Whether the District Court abused its discretion by failing to conduct an evidentiary hearing
18-8972 Wardell Nelson Joiner, Jr. v. John Sutton, Warden Ninth Circuit 2019-04-23 Denied Response WaivedRelisted (2)IFP actual-innocence constitutional-error due-process evidentiary-hearing fair-trial false-evidence forensic-evidence habeas-corpus schlup-standard schlup-v-delo time-of-death wrongful-conviction Did the courts below err in applying Schlup v. Delo to hold that Petitioner's compelling new evidence was insufficient to establish reasonable doubt?
18-1332 Mario Alberto Recinos v. Board of Trustees, Police and Firemen's Retirement System New Jersey 2019-04-22 Denied Response Waived administrative-law arbitrary-and-capricious arbitrary-capricious-decision break-in-service civil-rights constitutional-rights due-process evidentiary-hearing pension pension-benefits pension-rights police-and-fireman-retirement-system retirement-benefits retirement-system undersheriff-position Should certiorari be granted as an important question of federal law that should be settled by this Court exists as the petitioner Mario Alberto Recin…
18-8942 Jeffrey Akard v. Robert E. Carter Jr., Commissioner, Indiana Department of Correction Seventh Circuit 2019-04-22 Denied Response WaivedIFP 412-Rape-Shield-law-conflict Brady-materials brady-violation due-process evidence-suppression evidentiary-hearing exculpatory-evidence Fifth-Amendment-Due-Process habeas-corpus habeas-relief impeaching-evidence ineffective-assistance ineffective-assistance-of-counsel rape-shield-law sentencing-claims strickland-standards Was Petitioner's 94 year sentence for rape related charges based only on accuser's testimony, in violation of Fifth-Amendment-Due-Process, warrant hab…
18-8812 James Barr v. Josh Shapiro, Attorney General of Pennsylvania, et al. Third Circuit 2019-04-12 Denied IFP civil-rights due-process equal-protection evidentiary-hearing preliminary-injunction race racial-discrimination standing Did the federal court err when it denied the petitioner's request for a preliminary injunction?
18-8796 Larry Junior Copeland, aka La-La v. United States Fourth Circuit 2019-04-11 Denied Response WaivedIFP certificate-of-appealability evidentiary-hearing fair-sentencing-act first-step-act habeas-corpus procedural-default retroactivity sentencing-discretion Should the Court of Appeals have granted a certificate of appealability on whether district court abused its discretion?
18-8620 Joel M. Hicklin v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2019-03-29 Denied Response WaivedIFP civil-rights due-process effective-assistance-of-counsel evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel right-to-counsel Whether the Virginia Supreme Court erred in finding the petitioner's failure to investigate
18-8621 Roummel Ingram v. John Prelesnik, Warden Sixth Circuit 2019-03-29 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel public-trial sixth-amendment sixth-circuit Whether Mr. Ingram is entitled to a new trial due to ineffective-assistance-of-counsel
18-8630 Joseph Christopher Birdtail v. United States Ninth Circuit 2019-03-29 Denied Response WaivedIFP criminal-procedure discovery due-process evidentiary-hearing federal-rules-of-civil-procedure habeas-corpus habeas-proceedings ineffective-assistance-of-counsel plea-agreement plea-bargaining plea-withdrawal section-2255 Is it error for a district court to deny either discovery proceedings or an evidentiary hearing under the Federal Rules Governing Section 2255 Proceed…
18-8485 In Re Michael David Hower 2019-03-22 Denied Response WaivedIFP 28-usc-2255 constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mandamus massaro-v-united-states plea-coercion prohibition Is the petitioner entitled to immediate relief, including mandamus or prohibition from this Court, to protect his constitutional and statutory rights …
18-1197 Deanna Brookhart, Acting Warden v. Anthony D. Lee, Sr. Seventh Circuit 2019-03-14 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 2254-standard 28-usc-2254 affidavit-evidence evidentiary-hearing federal-habeas-review federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-probability state-court-determination state-postconviction-review Whether a state court makes an unreasonable determination of fact under 28 U.S.C. § 2254(d)(2) by assuming the truth of affidavits provided in support…
18-8430 Juan Bosco Alvarez v. Debbie Asuncion, Warden Ninth Circuit 2019-03-14 Denied Response WaivedIFP 28-usc-2254 aedpa constitutional-claim due-process evidentiary-hearing federal-court federal-review habeas-corpus state-court state-court-rules supreme-court-precedent Whether a federal habeas court contravenes this Court's precedent when it evaluates the merits of a petitioner's claim without regard for the state co…
18-8386 Michael Apelt v. Charles L. Ryan, Director, Arizona Department of Corrections Ninth Circuit 2019-03-12 Denied Amici (1)IFP capital-punishment capital-sentencing evidentiary-hearing fact-finding federal-habeas federal-habeas-corpus habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mental-impairment prejudice strickland-standard strickland-v-washington When determining if a capital defendant was prejudiced by counsel's deficient performance during state sentencing, whether the federal court may bypas…
18-8364 James D. Sullivan v. United States Sixth Circuit 2019-03-11 Denied Response WaivedIFP child-pornography criminal-procedure evidence-rule-414 evidentiary-hearing federal-rules-of-evidence grand-jury plea-agreement plea-withdrawal prosecutorial-discretion rule-104 rule-414 Whether the trial court must determine by a preponderance of evidence that the defendant engaged in child molestation conduct
18-8338 Anthony T. Jackson v. Illinois Illinois 2019-03-08 Denied IFP appellate-review constitutional-violations criminal-procedure due-process due-process,standing,criminal-procedure,evidence,p evidentiary-hearing fourth-amendment ineffective-assistance-of-counsel post-conviction wrongful-conviction Whether the Illinois state courts' refusal to allow a petitioner an evidentiary hearing on post-conviction claims despite the record containing facts …
18-8345 Gary Lakey v. United States Eleventh Circuit 2019-03-08 Denied Response WaivedIFP 2255-motion appellate-review certificate-of-appealability due-process eleventh-circuit evidentiary-hearing habeas-corpus indictment judicial-procedure jurisdiction Did the Eleventh Circuit decide an appeal without jurisdiction when it denied a Certificate of Appealability (COA) on all issues on the basis that the…
18-8316 Ricardo Guerrero v. United States Fifth Circuit 2019-03-07 Denied Response WaivedIFP brady-materials criminal-justice-act evidentiary-hearing evidentiary-hearings expert-services habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-rights rule-5(b) section-3500(b) trial-counsel Whether the habeas corpus statute at Rule 5(b) mandates the government to address the petitioner's allegations, allowing the district court to circumv…
18-8260 Kenton Deon Harrell v. United States Fifth Circuit 2019-03-04 Denied Response WaivedIFP administrative-law civil-procedure civil-rights constitutional-claim criminal-procedure due-process equal-protection evidentiary-hearing free-speech habeas-corpus ineffective-assistance post-conviction-relief standing statutory-interpretation takings Whether the lower court erred in its interpretation and application of the relevant legal principles
18-8263 LaVaughn Weatherly v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-03-04 Denied Response WaivedIFP §2253(c)(2) conflict-of-circuit-decisions constitutional-rights district-court-denial due-process evidentiary-hearing failure-to-investigate habeas-corpus hohn-v-us ineffective-assistance ineffective-assistance-of-counsel judicial-review misadvise Whether the U.S. District Court for the Northern District of Florida's decisions in Weatherly v. Jones and its conflict with Lavghery v. U.S. and Hols…
18-8231 Alvin Stanley Briggs, Jr. v. United States Eighth Circuit 2019-03-01 Denied Response WaivedIFP appellate-review constitutional-review counsel-claim court-of-appeals criminal-procedure district-court due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether the court of appeals erred in affirming the district court's denial of petitioner's ineffective assistance of counsel claim
18-8189 Martin Tovar v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2019-02-28 Denied Response WaivedIFP confrontation confrontation-clause constitutional-rights due-process evidentiary-hearing federal-precedent habeas-corpus habeas-corpus-petition ineffective-assistance ineffective-assistance-of-counsel post-conviction Whether the Indiana Southern District Court erred in ruling Petition for Writ of Habeas Corpus was time barred and the Seventh Circuit Court of Appeal…
18-8193 Ada Albors Gonzalez v. William M. Stern, et al. Florida 2019-02-28 Denied Response WaivedRelisted (2)IFP appellate-review court-discretion due-process evidentiary-hearing fla-r-civ-p-1-540b legal-malpractice procedural-rights sovereign-powers statute-of-limitations void-or-voidable-orders void-orders Whether the State of Florida court abused its discretion
18-8168 Billy Long v. Pennsylvania Pennsylvania 2019-02-27 Denied Response WaivedIFP due-process evidentiary-hearing guilty-plea habeas-corpus hearing-requirement ineffective-assistance-of-counsel material-fact plea-bargaining plea-withdrawal post-conviction-relief procedural-error withdrawal-of-plea Whether the lower court erred in dismissing the petitioner's amended PCRA petition without a hearing
18-8131 Adelfo Pamatmat v. United States Sixth Circuit 2019-02-26 Denied Response WaivedIFP constitutional-rights drug-quantity evidentiary-hearing ineffective-assistance procedural-reasonableness sentencing-guidelines sixth-amendment sixth-circuit strickland-standard strickland-v-washington trial-counsel whether-petitioner-received-effective-assistance-of-counsel
18-8108 Michael Bush v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-02-22 Denied IFP 14th-amendment 5th-amendment constitutional-rights due-process evidentiary-hearing fifth-amendment fourteenth-amendment post-conviction-hearing postconviction postconviction-hearing trial-transcript Did the failure of the State of Florida to provide Mr. Bush with a complete copy of his trial transcript to be used in a postconviction evidentary hea…
18-8115 Kenny Daniel Barrios v. United States Eighth Circuit 2019-02-22 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-guidelines sixth-amendment type-c-plea Whether the failure of counsel to object to inaccurately calculated Sentencing Guidelines is ineffective assistance of counsel
18-8024 Alex Rodriguez v. New Jersey New Jersey 2019-02-19 Denied Relisted (3)IFP constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment Was the defendant denied the right to effective assistance of trial counsel?
18-7975 William Krisstofer Wolf v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process evidentiary-hearing fifth-amendment ineffective-assistance ineffective-assistance-of-counsel perjury perjury-subornation prosecutorial-misconduct sixth-amendment Whether the Ninth Circuit's decision now conflicts with this court's long standing rulings on the known and willing use of perjury of material fact, t…
18-7888 Furn-Lee Salomon v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2019-02-11 Denied IFP constitutional-safeguards criminal-procedure cumulative-error due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel passport-fraud pre-trial-investigation prejudicial-testimony pretrial-investigation strategic-decision strickland-standard strickland-v-washington trial-counsel witness-testimony Was trial counsel ineffective?
18-7901 Darrius DaJuan Cohee v. James Yates, Warden Tenth Circuit 2019-02-11 Denied IFP abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea
18-7849 Jesus Pacheco Estudillo v. United States Eighth Circuit 2019-02-07 Denied Response WaivedIFP constitutional-law constitutional-rights direct-appeal effective-assistance effective-assistance-of-counsel evidentiary-hearing facts procedural-due-process relevant-facts sixth-amendment sixth-amendment-violation Whether Petitioner's Sixth Amendment Right To The Effective Assistance was Violated When Counsel Failed to File A Direct Appeal
18-7760 Geoffrey A. Gish v. United States Eleventh Circuit 2019-02-05 Denied Response WaivedIFP §-2255-motion appellate-review certificate-of-appealability due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel merits-assessment plea-bargaining procedural-default statute-constitutionality subject-matter-jurisdiction Did the Eleventh Circuit exceed its subject-matter jurisdiction by denying a certificate of appealability based on its assessment of the underlying cl…
18-7656 Armando Garcia v. United States Eleventh Circuit 2019-01-30 Denied Response WaivedIFP aedpa certificate-of-appealability coa coa-standard due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60b Whether a District court deprives a habeas corpus petitioner of his Constitutional rights to Due Process
18-7644 Carlos Benitez v. James Key, Superintendent, Airway Heights Corrections Center Ninth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review conflict-of-interest constitutional-provisions criminal-procedure due-process effective-counsel evidentiary-hearing habeas habeas-corpus legal-claim right-to-counsel sixth-amendment standard-of-appealability standard-of-review Did trial counsel have a conflict of interest by simultaneously representing Mr. Benitez and a defense witness?
18-7531 John Paul Galbraith v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-23 Denied IFP 18-usc-3006a 28-usc-2254-rule-8 appeal appointment-of-counsel circuit-justice criminal-justice-act criminal-justice-act-of-1964 due-process evidentiary-hearing indigent-prisoner right-to-counsel Whether a circuit justice has discretion to deny appointment of counsel for an indigent prisoner granted appeal
18-7439 Gregory M. Ward v. United States Fifth Circuit 2019-01-16 GVR Response RequestedResponse WaivedRelisted (3)IFP appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel Ineffective-assistance-of-counsel
18-7431 Teddrick Batiste v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-15 Denied IFP 28-usc-2254 death-penalty due-process evidentiary-hearing habeas-corpus ineffective-assistance organic-brain-damage procedural-bar state-court-deference wilson-v-sellers Whether the state court's post-conviction process was adequate to ascertain the truth and lacked critical components of an adjudication on the merits
18-7367 Darwin Markeith Huggans v. United States Eighth Circuit 2019-01-10 Denied Response WaivedIFP case-review counsel-advice criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-review lee-v-united-states legal-standard misinformation sixth-amendment Was the lower court required to address an evidentiary hearing when the evidence clearly showed that Huggins was misinformed based on counsel's advice…
18-7314 Deontae Thomas v. Florida Florida 2019-01-08 Denied IFP civil-procedure due-process evidentiary-hearing judicial-bias newly-discovered-evidence standing summary-judgment Whether Procedural Due Process of Law was Mandated An Evidentiary hearing on Newly Discovered Evidence that Establishes Petitioner was denied a Neutra…
18-848 Courtney Valle Bisbee v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-01-04 Denied actual-innocence certificate-of-appealability constitutional-claims evidentiary-hearing habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel jury-trial sixth-amendment Whether Petitioner is entitled to an evidentiary hearing on her ineffective assistance of counsel claim
18-7164 Nathan Daniel Knuth v. Randall C. Arp, Judge, District Court for the First Judicial District of Colorado, et al. Colorado 2018-12-21 Denied Response WaivedIFP appeal appellate-review civil-procedure constitutional-rights dismissal due-process evidentiary-hearing judicial-discretion procedural-fairness standing waiver Whether the Colorado Court of Appeals violated Mr. Knuth's constitutional rights to due process
18-7117 Charles J. Mayberry v. Michael A. Dittman, Warden Seventh Circuit 2018-12-19 Denied Response WaivedIFP civil-rights due-process equitable-tolling evidentiary-hearing extraordinary-circumstances habeas-corpus holland-v-florida mental-incompetency statute-of-limitations Whether the opinion of the Seventh Circuit Court of Appeals contravenes this Court's precedent in Holland v. Florida
18-7120 Carlos Zuniga Hernandez v. United States Fifth Circuit 2018-12-19 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-procedure-rule-60-d constitutional-right district-court due-process evidentiary-hearing gonzalez-v-crosby rule-60-motion rule-60(d) standing successive-claim Whether a Rule 60(d) motion challenging only the District Court's failure to hold an evidentiary hearing presents a successive claim within the meanin…
18-7039 Alexander Ndaula v. United States First Circuit 2018-12-17 Denied Response WaivedIFP 18-usc-3553 5th-amendment 6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidentiary-hearing loss-amount sentencing sentencing-enhancement statutory-interpretation Whether the 5th and 6th Amendments require an evidentiary hearing on disputed sentencing factors and an adequate explanation for an enhanced sentence …
18-7063 In Re Charles A. Dread 2018-12-17 Denied Relisted (3)IFP civil-procedure civil-rights constitutional-rights due-process evidentiary-hearing official-responsibility qualified-immunity racial-discrimination standing summary-judgment Was the Trial Court's denial of the Appellant's Motion for Summary Judgment and the Request for Hearing without granting the Appellant a Hearing he re…
18-7035 Eminiano A. Reodica v. United States Ninth Circuit 2018-12-14 Denied Response WaivedIFP criminal-procedure district-court evidentiary-hearing federal-rules-of-criminal-procedure guilty-plea motion-to-withdraw plea-withdrawal rule-11 Whether Federal Rule of Criminal Procedure 11(d) governing motions to withdraw a guilty plea establishes a liberal standard which precludes the distri…
18-6875 Kendall Thrift v. United States Ninth Circuit 2018-11-29 Denied Response WaivedIFP affidavit circuit-conflict circuit-split criminal-procedure evidentiary-hearing false-statements franks-hearing franks-v-maryland magistrate-judge ninth-circuit omissions search-and-seizure substantial-showing warrant-challenge Whether the Court should grant certiorari because the Ninth Circuit's decision that defendant Kendall Thrift had not made a substantial preliminary sh…
18-6847 Sergio Antonio Haro v. United States Ninth Circuit 2018-11-28 Denied Response WaivedIFP effective-assistance-of-counsel evidentiary-hearing government-agent-reports impeachment impeachment-of-credibility magistrate-judge magistrate-judge-plea-negotiations plea-negotiations prejudice pro-se pro-se-habeas sixth-amendment Ineffective-assistance-of-counsel
18-6802 Patrick Kitlas v. F. B. Haws, Warden Ninth Circuit 2018-11-26 Denied IFP actual-reason actual-reasons batson-challenge batson-v-kentucky due-process equal-protection evidentiary-hearing jury-selection ninth-circuit peremptory-strike prosecutor-reasons prosecutorial-discretion racial-discrimination Does the Ninth circuit's affirmance of the denial conflict with this Court's actual reason requirement?
18-6623 Carlos Cosme v. United States Ninth Circuit 2018-11-09 Denied Response WaivedIFP 28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef…
18-6625 Darnell Bernard Blagmon v. Virginia Virginia 2018-11-09 Denied Response WaivedIFP actual-innocence constitutional-rights due-process evidentiary-hearing federal-constitution recantation state-court state-court-procedure witness-recantation writ-of-innocence Did the state court violate petitioner's federal constitutional right to due process by making this ruling without having held an evidentiary hearing?
18-6647 Kiran Sharma v. United States Fifth Circuit 2018-11-09 Denied Response WaivedRelisted (2)IFP constitutional-rights due-process evidentiary-hearing forfeiture forfeiture-restitution ineffective-assistance-of-counsel mandatory-victim-restitution-act plea-agreement restitution statutory-interpretation third-party-beneficiary trust-corpus Does the language in the Mandatory Victim Act (MVRA) allow the courts to forfeit the third party beneficiary's 'Trust Corpus' without an 'Evidentiary …
18-6568 Harold Max Pompee v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-11-05 Denied IFP competence competency constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance-of-counsel right-to-competence Whether the Eleventh Circuit erred in holding that a state prisoner's ineffective-assistance-of-counsel claim alleging that counsel failed to raise hi…
18-6494 Terrance Johnson v. United States Eleventh Circuit 2018-10-30 Denied Response WaivedIFP abuse-of-discretion civil-procedure discretionary-review district-court due-process evidentiary-hearing habeas-corpus judicial-procedure motion-to-reopen post-conviction-relief rule-60(b) rule-60b section-2255 standard-of-review Did the district court abuse its discretion by denying the Rule 60(b) motion without discovery or an evidentiary hearing?
18-6497 Dexter Watson v. Raymond Byrd, Warden Fifth Circuit 2018-10-30 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-law criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing factual-disputes intent reversible-error Did the court reasonably infer petitioner's guilt beyond a reasonable doubt?
18-6455 Ronnie McGee v. Pam Bondi, Attorney General of Florida Eleventh Circuit 2018-10-26 Denied Response WaivedIFP 28-usc-2244 district-court-review due-process evidentiary-hearing federal-courts federal-habeas gonzalez-v-crosby habeas-corpus section-2254 statutory-interpretation Whether a district court's misconstrual of a § 2254 claim and/or failure to consider or properly consider material evidence submitted to support a cla…
18-6465 Jose Ricardo Yanez v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2018-10-26 Denied IFP aedpa-statute-of-limitations antiterrorism-and-effective-death-penalty-act certificate-of-appealability equitable-tolling evidentiary-hearing ineffective-assistance-of-counsel ninth-circuit-review ongoing-investigations pro-se pro-se-petition statute-of-limitations Whether an alternate triggering date of the Antiterrorism and Effective Death Penalty Act of 1996's 1-year statute of limitations, and equitable tolli…
18-6430 Kinzie Decarlos Thomas v. United States Eleventh Circuit 2018-10-25 Denied Response WaivedIFP 28-usc-2255 alibi-defense appellate-review district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel off-the-record off-the-record-facts procedural-default section-2255 statutory-interpretation Whether the district court erred in denying an evidentiary hearing on a § 2255 motion without resolving contested material facts
18-6416 Briand Williams v. California California 2018-10-24 Denied Response WaivedIFP appellate-record due-process equal-protection evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel plea-agreement plea-bargain registration-requirements sentencing transcripts Is a Plea Agreement considered terminated or fulfilled 15 years later upon loss of sentencing transcripts?
18-493 Rose J. Spano v. The Florida Bar Florida 2018-10-17 Denied 14th-amendment 5th-amendment bar-disciplinary-proceedings constitutional-rights cross-examination due-process evidentiary-hearing liberty-interest property-interest Whether the Florida Supreme Court's denial of the petitioner's right to an evidentiary hearing and cross-examination of witnesses in bar disciplinary …
18-6330 Jose Arnaldo Rodrigues v. Ron Davis, Warden Ninth Circuit 2018-10-16 Denied IFP civil-rights due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel sixth-amendment standing Whether the Sixth and Fourteenth Amendment claims of ineffective assistance of counsel were properly denied by the state court without an evidentiary …
18-6320 Timothy Joseph McGhee v. Ron Davis, Warden Ninth Circuit 2018-10-15 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-review evidentiary-hearing habeas-corpus habeas-review ineffective-assistance-of-counsel pre-trial-investigation reasonable-investigation strickland-prejudice strickland-prejudice-standard strickland-standard unreasonable-factual-findings unreasonable-findings-of-fact Whether the Ninth Circuit should have granted a certificate of appealability on the ineffective assistance of counsel claim
18-6278 John Martin, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-10 Denied IFP confrontation-clause constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel sixth-amendment speedy-trial unreasonable-determination-of-facts Where the constitutional issues raised was to the degree that should have been debatable among jurist of reason, and were not lacking any factual basi…
18-6240 Darryl Johnson v. United States Second Circuit 2018-10-09 Denied Response WaivedIFP appeal-rights constitutional-error due-process evidentiary-hearing guilty-plea habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel plea-bargaining sentencing Was Petitioner's guilty plea sustained in violation of due process warranting habeas relief
18-6247 Roy Parker v. Burl Cain, Warden Fifth Circuit 2018-10-09 Denied IFP 6th-amendment competency conflict-of-interest constitutional-provisions due-process evidentiary-hearing ineffective-assistance-of-counsel right-to-testify sixth-amendment Did the petitioner receive effective assistance of counsel?
18-6261 Ilich Vargas, aka Ilich Ernesto Vargas Romero v. John McMahon Ninth Circuit 2018-10-09 Denied Relisted (2)IFP civil-rights constitutional-rights due-process evidentiary-hearing habeas-corpus judicial-discretion judicial-misconduct pro-se pro-se-petition procedural-due-process prosecutorial-misconduct standing Whether a district court magistrate acts in excess of her discretion and outside the bounds of reason during the initial screening of a pro-se petitio…
18-6214 Ricardo Rene Sanders v. Ron Davis, Warden Ninth Circuit 2018-10-04 Denied Amici (1)IFP brady-violation brady-violations california-habeas cullen-v-pinholster death-row eighth-amendment evidentiary-hearing federal-habeas habeas-corpus materiality materiality-test ninth-circuit prima-facie-case prosecutorial-misconduct Whether the federal habeas courts should evaluate the summary denial of a California habeas petition based on whether the petitioner failed to allege …
18-6143 Oscar Rodriguez v. United States Ninth Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-rights due-process effective-assistance-of-counsel evidentiary-hearing federal-habeas-corpus habeas-corpus ineffective-assistance judicial-procedure mental-retardation ninth-circuit summary-denial Whether the Ninth Circuit's summary denial of a certificate of appealability complies with this Court's precedents requiring that a COA be granted if …
18-6090 Eric Williams v. Pennsylvania Pennsylvania 2018-09-25 Denied Response WaivedIFP actual-innocence appellate-procedure criminal-procedure due-diligence due-process evidentiary-hearing habeas-corpus post-conviction-relief recantation recantation-evidence witness-recantation Did the Pennsylvania Superior Court and Common Pleas Court abuse their discretion by denying Williams an evidentiary hearing to review the merits of h…
18-5980 Shelton Denoria Jones v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-09-14 Denied IFP 28-U.S.C-2254(e)(2) 28-usc-2254 diligence evidentiary-hearing factual-basis fair-trial federal-court federal-procedure fourteenth-amendment habeas-corpus sixth-amendment state-court state-court-review Whether a habeas applicant has 'failed to develop the factual basis' of a claim under 28 U.S.C. § 2254(e)(2) when the state court did not hold an evid…
18-5971 Donavan T. Fortin v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2018-09-13 Denied Response WaivedIFP actual-innocence due-process estelle-v-mcguire evidentiary-hearing federal-courts habeas-corpus habeas-corpus-principles judicial-review ninth-circuit state-court state-law state-law-interpretation williams-v-taylor Whether the Ninth Circuit's decision, which interpreted state law contrary to the state court's ruling, conflicts with Estelle v. McGuire
18-5949 Charles Litton Morris v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-09-12 Denied Response WaivedIFP 2254-d-1-2 appointment-of-counsel brady-strickland-constitutional-claims claims-ignored constitutional-violation district-court-failure due-process evidentiary-hearing habeas-corpus insufficient-evidence judicial-bias personal-jurisdiction plea-validity subject-matter-jurisdiction supremacy-clause supremacy-clause-conflict-preemption issues being raised
18-5953 Antowan Thorne v. United States Fourth Circuit 2018-09-12 Denied Response WaivedIFP certificate-of-appealability district-court-error due-process evidentiary-hearing franks-hearing ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial new-trial search-suppression sixth-amendment witness-testimony Should the district court's denial of a new trial or evidentiary hearing due to counsel's failure to interview witnesses and call additional witnesses…
18-5858 Lance Edward Gloor v. United States Ninth Circuit 2018-08-31 Denied Amici (1)Response WaivedIFP 10th-amendment due-process evidentiary-hearing federal-prosecution medical-marijuana rohrabacher-farr-amendment separation-of-powers states-rights tenth-amendment Were the Tenth Amendment, Due Process Clause, and the separation of powers doctrine violated?
18-5814 Bobby Cruz v. United States Seventh Circuit 2018-08-29 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing guilty-plea habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel mayle-v-felix section-2255 Did the Seventh Circuit Court of Appeals err in denying Bobby Cruz a certificate of appealability
18-5823 Alonzo D. Marshall v. United States District of Columbia 2018-08-29 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process evidentiary-hearing innocence innocence-claim post-conviction-relief section-23-110 trial-court-discretion witness-credibility Whether the court of appeals erred in affirming the trial court's decision to deny the defendant's Section 23-110 motion following an evidentiary hear…
18-5786 Donell A. Thomas v. United States Seventh Circuit 2018-08-28 Denied Response WaivedRelisted (2)IFP 2255-motion certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-calculation rule-59(e)-motion rule-59e section-2255-motion sentencing sixth-amendment sixth-amendment-rights strickland-standard strickland-v-washington Did the Petitioner prove his claim of ineffective assistance of counsel and satisfy the Strickland test?
18-5790 Uiki Teaupa v. United States Ninth Circuit 2018-08-28 Denied Response WaivedIFP 28-usc-2255 5th-amendment 6th-amendment discovery due-process evidentiary-hearing fifth-amendment government-misconduct pro-se pro-se-defendant section-2255 sixth-amendment Does the Fifth and Sixth Amendment entitle a pro se defendant the right to conduct discovery and have an evidentiary hearing on claims of government m…
18-5794 Ronnie Keith Davis v. Benjamin Maddie Fifth Circuit 2018-08-28 Denied Response WaivedIFP civil-rights civil-rights-procedure civil-rights-proceeding evidentiary-hearing first-national-bank-v-lustig fraud-upon-court fraud-upon-the-court hazel-atlas-glass inherent-power miscarriage-of-justice rozier-v-ford-motor rule-60(b)(3) rule-60b3 sanctions summary-judgment Whether a motion to vacate a judgment under Rule 60(b)(3) is governed by the grave miscarriage of justice standard when alleging fraud upon the court …
18-5780 Peter Vincent Capra v. United States Tenth Circuit 2018-08-27 Denied Response WaivedIFP appellate-court appellate-review certificate-of-appealability civil-procedure district-court due-process duty-to-disclose evidentiary-hearing expert-testimony final-order good-faith-defense ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jurisdiction standing Did the Appellate Court lack jurisdiction over the Appeal due to the fact from review of the record that the District Court had not adjudicated all of…
18-5742 Solomon David Roberts v. Florida Florida 2018-08-24 Denied Relisted (2)IFP 8th-amendment civil-rights due-process evidentiary-hearing habeas-corpus life-without-parole mandatory-minimums miller-v-alabama sentencing simple-robbery standing Whether the Supreme Court should review the role of constitutional law in excluding particular litigants based on previous filings
18-5689 George Bridgette v. Debbie Asuncion, Warden, et al. Ninth Circuit 2018-08-22 Denied Response WaivedRelisted (2)IFP 6th-amendment civil-rights constitutional-claim constitutional-rights due-process evidentiary-hearing extraordinary-circumstances federal-rules-of-civil-procedure habeas-corpus ineffective-assistance-of-counsel procedural-requirements right-to-counsel substitute-counsel Whether the district court violated petitioner's constitutional rights by failing to appoint substitute counsel to continue representing him in the ha…
18-5596 George Wallace v. Ron E. Barnes, Warden Ninth Circuit 2018-08-15 Denied IFP actual-innocence discovery due-process evidentiary-hearing factual-findings federal-habeas federal-habeas-corpus legal-standard state-court-findings state-court-procedure Was the federal court required to accept petitioner's factual allegations as true when the state court made findings against the petitioner without a …
18-5499 Hilario Sanchez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-10 Denied Relisted (2)IFP 28-usc-2254 actual-innocence evidentiary-hearing federal-court habeas-corpus involuntary-plea state-court time-barred Whether a federal court failed to hold an evidentiary hearing on habeas corpus if, among other factors, the petitioner was unable to develop the factu…
18-5515 Louie Anthony Salemi v. United States Eleventh Circuit 2018-08-09 Denied Response WaivedIFP 28-usc-2255 abuse-of-discretion boiler-plate-language certificate-of-appealability eleventh-circuit evidentiary-hearing habeas-corpus-review-2255-claims ineffective-assistance ineffective-assistance-of-counsel machibroda-v-united-states off-the-record-advice reasoned-opinion section-2255 summary-order Did the Eleventh Circuit Court of Appeals abuse its discretion by not providing a reasoned opinion to support its order?
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 …
18-5479 Tadareous Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-07 Denied IFP attorney-performance due-process evidentiary-hearing evidentiary-standard federal-court-review findings-of-fact habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-deference legal-findings procedural-fairness state-court-findings state-court-proceedings trial-court-duty Whether a state court's failure to make findings on controverted and unresolved issues requires a federal court to find counsel ineffective without fi…
18-5461 Keith Henderson v. Minnesota Minnesota 2018-08-06 Denied Response WaivedIFP due-process evidentiary-hearing innocence innocence-claim minnesota-supreme-court newly-discovered-evidence postconviction-relief state-district-court timeliness When a defendant has been denied an evidentiary hearing, has his right to due process been violated when the evidence he presented has to be construed…
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…
18-5325 Lena Lasher v. United States Second Circuit 2018-07-24 Denied Response WaivedRelisted (2)IFP but no text was provided for analysis. Without th I cannot generate a question presented or identif please provide the full text of the petition. civil-rights collateral-attack criminal-procedure due-process equal-protection evidentiary-hearing habeas-corpus racial-discrimination school-desegregation sentencing voting-rights Whether a district court must grant an evidentiary hearing on a prisoner's collateral attack claims
18-66 Regis Blake Ross v. Arizona Arizona 2018-07-12 Denied constitutional-review criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing federal-review-standards ineffective-assistance plea-bargaining plea-voluntariness post-conviction-relief standard-of-review supreme-court-precedent Did the Arizona courts err in failing to apply the proper federal standard of review for claims of ineffective assistance of counsel, involuntary plea…
18-5158 Mario Lee Brown v. United States Eleventh Circuit 2018-07-09 Denied Response WaivedRelisted (2)IFP acca-enhancement certificate-of-appealability descamps-v-united-states evidentiary-hearing fifth-amendment florida-robbery-statute sixth-amendment stokeling-v-united-states Whether the United States Court of Appeals for the Eleventh Circuit erred in denying petitioner a Certificate of Appealability
18-20 Arkadiy Bangiyev v. United States Fourth Circuit 2018-07-03 Denied Response Waived 28-usc-2255 certificate-of-appealability counsel-stipulation criminal-procedure evidentiary-hearing ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing-enhancement sentencing-guidelines sixth-amendment writ-of-certiorari Did the court of appeals err in denying petitioner's motion for a certificate of appealability to review the denial of an evidentiary hearing on petit…