eyewitness-testimony

27 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6186 Rashawn Lesley Grant v. North Carolina North Carolina 2025-11-20 Denied Response WaivedIFP constitutional-rights criminal-conviction due-process evidence-sufficiency eyewitness-testimony trial-record Whether the State of North Carolina's conviction of Petitioner Grant for murder and the resulting life sentence violated the Due Process Clause of the…
25A119 Donald Olsen v. Aaron Salter Sixth Circuit 2025-07-29 Presumed Complete constitutional-rights due-process eyewitness-testimony law-enforcement qualified-immunity show-up-identification Question not identified.
24-6457 Darrell Blount v. Administrator, New Jersey State Prison Third Circuit 2025-02-03 Denied Response WaivedIFP constitutional-rights due-process expert-testimony eyewitness-testimony fair-trial show-up-identification I. WHETHER PETITIONER WAS DENIED A FAIR TRIAL BY THE ADMISSION OF EVIDENCE OF AN UNRELIABLE SHOW-UP IDENTIFICATION IN VIOLATION OF HIS RIGHT TO DUE PR…
24-6305 Francisco Villanueva v. United States Eighth Circuit 2025-01-14 Denied Response WaivedIFP criminal-procedure due-process expert-witness eyewitness-testimony identification-procedure suggestive-circumstances Whether accused citizens are entitled to present expert eyewitness testimony when unduly suggestive circumstances surround the identification?
23-7175 Philip Ayala v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2024-04-09 Denied Response WaivedIFP capital-case criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health-records When a capital case entirely depends on the testimony of one eyewitness, where there was no physical or forensic evidence to connect the Petitioner to…
23-6316 Daniel Vincent v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2023-12-21 Denied IFP alternative-suspects conflict-with-circuits due-process eyewitness-testimony identification-evidence ineffective-assistance jury-instructions mistaken-identification sixth-amendment trial-strategy I. Is a defendant denied due process of law if he properly presents a claim to both the State and Federal Courts and neither Court addresses the claim…
23-5970 Jerry S. Wilson v. Michael G. Gierach, Warden Seventh Circuit 2023-11-07 Denied Response RequestedResponse WaivedRelisted (2)IFP actual-innocence eyewitness-testimony federal-review habeas habeas-corpus house-v-bell procedural-default reasonable-doubt schlup-v-delo summary-reversal Procedural default bars a state inmate from obtaining federal habeas based on an issue not presented to the state courts. Schlup v. Delo recognized a …
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 FIRST : Was Petitioner denied due process, a fair trial, a fair appeal, and fair post conviction proceedings, due to the following circumstances: 1. …
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 1. Is the Sixth Amendment violated when trial counsel pre-judges and excludes close friends and family from testifying as alibi witnesses without inve…
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…
20-6048 David J. Godine, III v. Warren L. Montgomery, Warden Ninth Circuit 2020-10-16 Denied Response WaivedIFP actual-innocence certificate-of-appealability eyewitness-testimony habeas-corpus ineffective-assistance-of-counsel misidentification ninth-circuit pro-se-petition strickland-claim Petitioner David Godine sought leave in district court to amend his untimely pro se federal habeas petition with new claims. To excuse the untimelines…
20-245 Patricia Nelson v. Esteban Rivera Sixth Circuit 2020-08-31 Denied Response RequestedResponse WaivedRelisted (2) civil-rights excessive-force eyewitness-testimony qualified-immunity summary-judgment tolan-v-cotton Whether the Sixth Circuit erred when it conspicuously disregarded the standard set forth in Tolan v. Cotton, 572 U.S. 650 (2014) by granting qualified…
20-5328 Jeffrey Paul Giblin v. Washington Washington 2020-08-12 Denied Response WaivedIFP appellate-review criminal-procedure due-process equal-protection evidence-rules eyewitness-testimony intent intent-standard lay-opinion-testimony A h FourteenAmenden Contittinauarnts of "Due Proces ofLaw and"equal protection of the laws" duly satistied for a Defendant accused of a crime involvin…
19-7138 Michael Blankenship v. United States Fourth Circuit 2020-01-06 Denied Response WaivedIFP clean-water-act criminal-procedure environmental-law evidence evidence-admissibility eyewitness-testimony fecal-coliform intent prejudice rule-404(b) rule-404b witness-testimony 1. Whether in a prosecution for illegally dumping waste into a creek, where a major part of the Government's case was based on eyewitness testimony ab…
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 1. Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or co…
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 I. WHETHER ASSIGNED COUNSEL VIOLATED THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO COUNSEL AND HIS RIGHT TO DUE PROCESS BY FAILING TO PRESERVE FOR APPEAL A…
19-7025 Michael Feliciano v. George Miller, Superintendent, State Correctional Institution at Waymart, et al. Third Circuit 2019-12-20 Denied Response WaivedIFP carrier due-process effective-assistance-of-counsel eyewitness eyewitness-testimony in-re-winship ineffective-assistance investigation jury-instructions reasonable-doubt sixth-amendment strickland strickland-standard 1. Is the State court of last resort and U.S. Court of Appeals decision which denied petitioner's claim that he was deprived of his Sixth Amendment ri…
19-6206 Troy Davenport v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-10-09 Denied IFP civil-procedure due-process eyewitness-testimony fair-hearing newly-discovered-evidence photographic-identification pre-trial-hearing pre-trial-identification reasonable-juror reasonable-juror-standard standing state-court-procedure suggestive-identification Whether the state court employed procedures that did not adequately afford a full and fair hearing? Whether the material facts of the newly discovere…
19-6063 William Alexander v. New York New York 2019-09-25 Denied Response RequestedResponse WaivedRelisted (2)IFP chambers-v-mississippi confrontation-rights criminal-procedure due-process evidence evidence-admissibility eyewitness-testimony misidentification photographic-evidence Whether Chambers v. Mississippi, 410 U.S. 284 (1973), and its progeny require the admission of reliable photographic evidence of what an accused was w…
19-5354 Raheem Brown v. Jamey Luther, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2019-07-26 Denied Response WaivedIFP certificate-of-appealability constitutional-ruling eyewitness-testimony habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice strickland strickland-standard strickland-v-washington subpoena Did the United States Court of Appeals for the Third Circuit err and abuse its discretion by refusing to grant Petitioner a Certificate of Appealabili…
18A1244 James Joseph Garner v. Colorado Colorado 2019-05-31 Presumed Complete courtroom-identification criminal-identification due-process eyewitness-testimony suggestive-procedure wrongful-conviction Whether the Due Process Clause requires reliability screening for in-court identifications of criminal defendants that occur in potentially suggestive…
18-9409 Fermin Guerrero v. Martin Biter, Warden Ninth Circuit 2019-05-23 Denied Response WaivedIFP brady-violation constitutional-errors criminal-trial-errors cumulative-error cumulative-prejudice due-process eyewitness-testimony habeas-review ineffective-assistance ineffective-assistance-of-counsel informant-testimony strickland strickland-standard strickland-violation Does the Constitution require a cumulative assessment of multiple constitutional errors at a criminal trial?
18-8689 Joel Glaston Muir v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-04-04 Denied IFP clear-record constitutional-rights criminal-homicide criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel known-eyewitness legal-review lesser-degree-homicide postconviction-review right-to-counsel standard-of-review trial-counsel trial-strategy Whether initial-postconviction review counsel provided ineffective assistance
18-7766 Rishawn Lamar Reeder v. Cecelia Reynolds, Warden Fourth Circuit 2019-02-05 Denied Response WaivedRelisted (2)IFP alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony Did the court err in finding trial counsel ineffective
18-6988 Donald Sanders v. Domingo Uribe, Jr., Warden Ninth Circuit 2018-12-11 Denied Response WaivedIFP confrontation confrontation-clause cross-examination due-process eyewitness eyewitness-testimony federal-proceedings fundamental-fairness ninth-circuit state-court state-court-proceedings Whether the Ninth Circuit clearly erred in its decision that the state court reasonably concluded that Petitioner's right to confrontation was not vio…
18-6724 Roger Lee Ozier v. Shirlee Harry, Warden Sixth Circuit 2018-11-19 Denied Response WaivedIFP appellate-review armed-robbery bank-robbery confrontation-clause criminal-procedure cross-examination eyewitness-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause sixth-amendment Was the evidence sufficient to sustain Mr. Ozier's conviction for armed robbery and bank robbery?
18-6560 Wendell Weaver v. Walter Nicholson, Warden Seventh Circuit 2018-11-02 Denied Response WaivedIFP counsel-of-choice criminal-procedure disqualification eyewitness-testimony ineffective-assistance prosecutorial-misconduct reasonable-alternatives right-to-counsel strickland-standard strickland-v-washington trial-court wheat-v-united-states Does Wheat v. United States clearly establish that trial courts must consider reasonable alternatives before disqualifying a criminal defendant's coun…