eyewitness-identification

43 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-1127 Thomas E. Clardy v. Kenneth Nelsen, Warden Sixth Circuit 2025-05-02 Denied Response Waived criminal-procedure due-process expert-testimony eyewitness-identification ineffective-assistance strickland-standard Does a criminal defense attorney perform deficiently under Strickland v. Washington when failing to present expert testimony about the reliability pro…
24-421 Cynthia Davis, Warden v. David M. Smith Sixth Circuit 2024-10-15 Denied Relisted (3) aedpa constitutional-violation due-process eyewitness-identification habeas-corpus sixth-circuit Did the Sixth Circuit exceed its powers under AEDPA in concluding that 'every fairminded jurist would agree' that the Ohio court violated the Constitu…
24-5145 Antonio Tyree Gaskin v. Kentucky Kentucky 2024-07-25 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process eyewitness-identification law-enforcement legal-representation lineup procedural-safeguards right-to-counsel suspect-rights Whether the 6th Amendment of the US Constitution has guaranteed protections that safeguard against law enforcement showing a single photograph of a su…
23-7298 Jonathan Wayne Daniels v. United States Eleventh Circuit 2024-04-24 Denied Response WaivedIFP criminal-procedure criminal-trial due-process eyewitness-identification hobbs-act-robbery jury-instruction jury-instructions suggestive-identification suggestive-procedure third-circuit Whether petitioner's jury was adequately 'warn[ed] to take care in appraising identification evidence,' in accordance with due process, where his jury…
22-6987 Dennis J. Brookshire v. Wisconsin Wisconsin 2023-03-10 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial ineffective-assistance ineffective-assistance-of-counsel out-of-court-identification post-conviction-review Was trial counsel ineffective for failing to move to suppress the out-of-court identifications and did such identifications deny the petitioner a fair…
22-6801 DeSean Alexander Bruce v. Arizona Arizona 2023-02-16 Denied Response WaivedIFP alibi-evidence due-process eyewitness-identification eyewitness-testimony fair-appeal fair-postconviction-proceedings fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-fairness Was Petitioner denied due process, a fair trial, a fair appeal, and fair postconviction proceedings
22-6491 Eric Romero-Lobato v. United States Ninth Circuit 2023-01-09 Denied Response WaivedIFP constitutional-error due-process eyewitness-identification gatekeeping gatekeeping-function harmless-error law-enforcement reliability reliability-standard suggestive-identification Whether the subsequent in-court identification violated the defendant's due process rights given the district court's failure to conduct its gatekeepi…
22-6453 Mario Torres v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-01-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process eyewitness-identification habeas-corpus plea-agreement plea-bargain post-conviction-relief prosecutorial-misconduct right-to-counsel sentencing Whether Petitioner can withdraw his plea after district attorney reneged on the plea bargain
22-589 Daryl Holloway v. City of Milwaukee, Wisconsin, et al. Seventh Circuit 2022-12-27 Denied circuit-split civil-rights constitutional-law criminal-procedure due-process eyewitness-identification identification-procedure law-enforcement lineup qualified-immunity Whether the Court should address ambiguity among the circuits on whether an unduly suggestive identification procedure violated the Due Process Clause
22-5749 Justin Jamal Warner v. South Carolina South Carolina 2022-10-04 Dismissed IFP criminal-defendant-rights criminal-procedure due-process eyewitness-identification in-camera-hearing law-enforcement-procedure out-of-court-identification police-misconduct reliability-standard surveillance-video unreliable-evidence video-identification Whether a criminal defendant is entitled to an in camera hearing on the reliability of an out-of-court identification made through video technology un…
21-7150 Michael Cameron v. Tim Hooper, Warden Fifth Circuit 2022-02-17 Denied IFP criminal-procedure due-process eyewitness-identification misidentification right-to-defense right-to-present-defense showup-lineup suggestive-lineup witness-identification Did the trial court err in allowing the uncorroborated showup identifications at Cameron's trial?
21-6836 Daniel Locus v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2022-01-18 Denied Response WaivedIFP credibility criminal-procedure due-process eyewitness-identification federal-courts judicial-review state-court-review state-courts wrongful-conviction wrongful-convictions Did the District Court's ruling consistent with the holdings in Neil v. Biggers
21-6702 Oscar Porter v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2021-12-22 Denied Response WaivedIFP 28-usc-2254 alibi-witness alibi-witnesses criminal-trial eyewitness-identification eyewitness-testimony habeas-corpus identification ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether trial counsel violated the Sixth Amendment by prejudging and excluding close friends and family as alibi witnesses
21-5582 Marlon Darrel Evans v. Amy Miller, Warden Ninth Circuit 2021-09-07 Denied Response WaivedIFP aedpa aedpa-review due-process eyewitness-identification habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit strickland-standard strickland-v-washington Whether the state court unreasonably applied SCOTUS precedents in concluding that trial counsel was not ineffective for failing to challenge an eyewit…
21-5282 Tyrius Green v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-08-03 Denied IFP due-process eyewitness-identification jury-instructions reasonable-doubt structural-error sullivan-v-united-states trial-by-jury trial-procedure witness-identification Whether giving a jury charge on eye witness identification that lacked a factual basis in the evidence produced at trial was contrary to clearly estab…
21-151 Feanyichi Ezekwesi Uvukansi v. Texas Texas 2021-08-03 Denied Response RequestedRelisted (16) brady-violation burden-of-proof due-process eyewitness-identification false-testimony habeas-corpus materiality materiality-standard prosecutorial-misconduct Whether the state courts disregarded Supreme Court precedent by requiring the petitioner to prove by a preponderance of the evidence that the prosecut…
20-7249 Derrick Miles v. Illinois Illinois 2021-02-25 Denied IFP 14th-amendment 6th-amendment criminal-appeal due-process eyewitness-identification fair-trial fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment trial-procedure witness-identification Whether the State of Illinois Appellate Court ruling denying petitioner's claim
20-6799 Kosoul Chanthakoummane v. Texas Texas 2021-01-08 Denied IFP bitemark-identification criminal-procedure dna-analysis dna-evidence due-process expert-testimony eyewitness-identification eyewitness-testimony forensic-evidence scientific-evidence trial-fairness Is Petitioner's conviction the product of a fundamentally unfair trial that was prejudiced by the admissibility of flawed forensic scientific evidence…
20-6037 David Williard v. Illinois Illinois 2020-10-15 Denied Response WaivedIFP 14th-Amendment 5th-Amendment 6th-Amendment Alibi-Witnesses constitutional-rights Due-Process Eyewitness-Identification ineffective-assistance reasonable-doubt sixth-amendment Ineffective-Assistance-of-Counsel
20-5923 Charles Don Flores v. Texas Texas 2020-10-06 Denied Amici (2)IFP constitutional-fairness death-penalty due-process eyewitness-identification fair-trial hypnosis investigative-hypnosis law-enforcement-procedure police-investigation Is the Constitution's guarantee of a fundamentally fair trial compromised when a conviction hinges on an in-court eyewitness identification obtained a…
20-5742 David Tachay Heard v. United States Eighth Circuit 2020-09-17 Denied Relisted (3)IFP appellate-review criminal-procedure cross-racial-identification due-process eyewitness-identification federal-standard jury-instruction jury-instructions plain-error standard-of-review Should federal district courts be required to give a cautionary jury instruction, upon a defendant's request, to guide the jury's evaluation of eyewit…
20-232 Robert Anderson v. Teri Kennedy Seventh Circuit 2020-08-27 Denied Amici (1)Response Waived constitutional-rights due-process evidence-exclusion expert-testimony eyewitness-identification holmes-precedent holmes-v-south-carolina state-rule Whether this Court's decision in Holmes v. South Carolina, 547 U.S. 319 (2006, clearly establishes that a defendant's due process right to present evi…
20-5261 Michael Fred Houston v. Texas Texas 2020-08-05 Denied IFP court-of-appeals criminal-procedure due-process eyewitness-identification identification-testimony motion-to-suppress reliability-standard suggestive-identification suggestive-procedure totality-of-circumstances witness-reliability Does the in-court identification meet the reliability standard under the totality of the circumstances, even though the confrontation procedure was su…
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?
19-7651 Craig Keyon White v. Robert Fox, Warden Ninth Circuit 2020-02-12 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process eyewitness-identification ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment Whether the unduly suggestive pretrial identification procedure and resulting unreliable identifications admitted against White at his criminal trial …
19-7149 Guillermo Herrera v. United States Ninth Circuit 2020-01-06 Denied Response WaivedIFP admissibility circuit-split daubert-standard daubert-v-merrell-dow expert-testimony eyewitness-identification federal-rules-of-evidence jury-instructions scientific-evidence Whether expert testimony on eyewitness identification should be treated differently than other expert testimony
19-7133 Angel Noel Guevara v. United States Ninth Circuit 2019-12-31 Denied Response WaivedIFP brady-v-maryland cross-examination due-process expert-testimony eyewitness-identification eyewitness-testimony independent-evidence police-lineup rule-403 sixth-amendment sixth-amendment-right-to-present-defense Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or const…
19-7109 J'Veil Outing v. Miguel A. Cardona, Commissioner, Connecticut Department of Correction Connecticut 2019-12-31 Denied Response WaivedIFP appeal appellate-record due-process expert-testimony eyewitness-identification eyewitness-testimony ineffective-assistance precedent right-to-counsel sixth-amendment Whether assigned counsel violated the defendant's Sixth Amendment right to counsel and his right to due process
19-6945 Kevin Dameron v. Illinois Illinois 2019-12-16 Denied Response WaivedIFP case-law civil-rights criminal-procedure due-process evidence eyewitness-identification judicial-review legal-error neil-v-biggers standing state-court-interpretation state-court-review supreme-court-precedent Whether the Illinois state court erred in its application of well-established United States Supreme Court precedent declared in Neil v. Biggers, 409 U…
19-6924 William D. Thomas v. Mark McCullick, Warden Sixth Circuit 2019-12-12 Denied Response WaivedIFP bail civil-procedure confrontation confrontation-clause criminal-procedure due-process eyewitness-identification identification indictment officer-activity police-conduct preliminary-hearing warrant-inquiry whether a state's failure to meet the reciprocal r Whether an identification resulting from a show-up confrontation during a preliminary hearing raised by prior police activity is sufficient to warrant…
19-6515 Andre Verlin Anderson v. Vicki Janssen, Warden Eighth Circuit 2019-11-06 Denied Response WaivedIFP certificate-of-appealability criminal-procedure criminal-procedure-due-process-eyewitness-identifi criminal-procedure-habeas-corpus-certificate-of-ap Did the district court commit reversible error whe Did the United States Court of Appeals for the Eig due-process eyewitness-identification habeas-corpus motion-to-suppress photographic-lineup reversible-error Did the district court commit reversible error by denying Petitioner's motion to suppress the unduly suggestive photographic lineup?
19-6110 Abimael Ayala-Gonzalez v. New York New York 2019-10-01 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review brady-violation constitutional-duty criminal-procedure due-process eyewitness-identification federal-claim ineffective-assistance ineffective-assistance-of-counsel meaningful-representation-standard performance-prejudice-test prosecutorial-misconduct sixth-amendment state-appellate-court strickland-standard strickland-v-washington Does a state appellate court have a duty to resolve a federal claim of ineffective assistance of counsel claim under the Federal performance/prejudice…
19-6071 Demetrius Desean Morgan v. Michigan Michigan 2019-09-26 Denied Response WaivedIFP criminal-procedure due-process eyewitness-identification first-amendment fourteenth-amendment freedom-of-association impartial-jury ineffective-assistance insufficient-evidence physical-characteristics reasonable-doubt sixth-amendment surveillance-video video-surveillance Was the evidence of Petitioner's identity as the shooter sufficient to sustain the first-degree murder conviction?
19-5769 Daniel J. Whitt v. Michele Buckner, Warden Eighth Circuit 2019-08-30 Denied IFP burden-of-proof due-process expert-testimony eyewitness-identification ineffective-assistance-of-counsel line-up-procedure lineup-procedures police-procedure trial-strategy Whether the trial attorney's pre-trial failure to secure an expert witness on eyewitness identification, which was the key piece of evidence that ulti…
19-5334 Martel Valencia-Cortez v. United States Ninth Circuit 2019-07-25 Denied IFP criminal-procedure due-process evidence eyewitness-identification jury-instruction jury-instructions reliability-factors standing trial-error trial-procedure witness-identification Whether a district court commits error in a federal criminal case by failing to provide a specific eyewitness identification instruction
19-75 James Joseph Garner v. Colorado Colorado 2019-07-15 Denied Amici (2) criminal-defendant criminal-procedure due-process eyewitness-identification police-misconduct standing suggestive-identification suggestive-setting trial-procedure witness-testimony Whether the Due Process Clause imposes any check on an eyewitness's identification of a criminal defendant in the typically suggestive setting of tria…
19-5153 Christopher B. Ramirez v. Washington Washington 2019-07-12 Denied Response WaivedIFP aggravating-circumstance criminal-procedure due-process eyewitness-identification identification-procedure jury-instructions notice photographic-array police-misconduct sixth-amendment suggestive-circumstances suggestive-identification Whether the trial court should have excluded Carlton Hritsco's identification of Christopher Ramirez
18-9695 Robert A. Wagner v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-06-17 Denied Response WaivedIFP certificate-of-appealability due-process effective-representation expert-testimony eyewitness-identification habeas-corpus ineffective-assistance miller-el-standard miller-el-v-cockrell reasonable-probability trial-outcome Whether the Ninth Circuit's ruling denying a certificate of appealability conflicts with the 'debatable' standard from Miller-El v. Cockrell
18-8106 Benjamin Crump v. Delaware Delaware 2019-02-22 Denied Response WaivedIFP civil-rights conviction criminal-procedure due-process eyewitness-identification false-testimony fourteenth-amendment wrongful-conviction Whether a conviction obtained through the use of false witness testimony that is unreliable to identify the defendant at trial must be vacated under t…
18-8033 Luis Alberto Montalvo Borgos v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-02-20 Denied Response WaivedIFP criminal-procedure drug-dealer due-process eyewitness-identification identification-procedure miscarriage-of-justice plain-error Prosecutor-elicited-testimony-about-witness-fear,c Prosecutor-stated-petitioner-was-known-drug-dealer prosecutorial-misconduct witness-testimony Was the identification of the petitioner unreasonably suggestive?
18-7873 Troy Sierra v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-02-11 Denied IFP constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial false-testimony ineffective-assistance-of-counsel ineffective-counsel right-to-counsel rights-advisement sixth-amendment Why were Petitioner's Fifth, Sixth, and Fourteenth Amendment rights violated?
18-6656 Timothy Kyle Prince v. Shane Jackson, Warden Sixth Circuit 2018-11-13 Denied IFP constitutional-rights due-process eyewitness-identification fair-trial fourteenth-amendment sixth-amendment suggestive-identification suggestive-procedures unreliable-identification witness-identification Whether petitioner was denied of his Sixth and Fourteenth Amendment rights to a fair trial, due process
18-5822 Charles O. Keene v. Illinois Illinois 2018-08-29 Denied Response WaivedIFP confrontation-clause criminal-procedure dna-exonerations due-process eyewitness-identification judicial-integrity scientific-evidence scientific-research state-court-rulings state-court-split Whether the Biggers test for determining the reliability of eyewitness identification evidence remains valid in light of scientific research demonstra…