| 25-5920 |
Donald Otis Williams v. Florida |
Florida |
2025-10-21 |
Denied |
IFP |
aggravating-factors constitutional-challenge death-penalty first-degree-murder legislative-expansion proportionality-review |
Whether the Florida Legislature's expansion of the applicability of our statute's "aggravating factors" requirements, Section 921.141(6), Florida Stat… |
| 25-5458 |
Andrew Jackson McCauley, Jr. v. West Virginia |
West Virginia |
2025-08-25 |
Denied |
Response WaivedIFP |
change-of-venue child-abuse first-degree-murder human-remains k-9-testimony motion-for-directed-verdict |
Question I). Did the trial court commit reversible error by denying Petitioner's Motion for Change of Venue?
Question II). Did the trial court commit… |
| 24-6584 |
Colton Bagola v. United States |
Eighth Circuit |
2025-02-18 |
Denied |
Response WaivedIFP |
circuit-split crime-of-violence federal-law first-degree-murder force-clause statutory-interpretation |
Whether first-degree murder under 18 U.S.C. § 1 qualifies as a 'crime of violence' under the force clause in 18 U.S.C. § 924(c)(3)(A) |
| 24-6279 |
Dickens Etienne v. Michelle Edmark, Warden |
First Circuit |
2025-01-13 |
Denied |
Response WaivedIFP |
brady-disclosure exculpatory-evidence first-degree-murder habeas-corpus prosecutorial-misconduct self-defense |
Where there was suppressed exculpatory evidence, in the form of a proffer letter demonstrating that a key prosecution witness who provided significant… |
| 24-6003 |
Sydni Frazier v. United States |
Fourth Circuit |
2024-11-20 |
Denied |
Response WaivedIFP |
criminal-defendant first-degree-murder jury-trial predicate-offense sixth-amendment unanimous-verdict |
Whether a criminal defendant's right to a jury trial under the Sixth Amendment is violated when the trial judge does not instruct the jury that it mus… |
| 24-5294 |
Tommy J. May v. Kansas |
Kansas |
2024-08-09 |
Denied |
IFP |
criminal-procedure due-process first-degree-murder jury-instruction lesser-included-offense voluntary-manslaughter |
Whether a criminal defendant is entitled to a jury instruction on the lesser-included offense of attempted voluntary manslaughter when charged with fi… |
| 24-5139 |
Lamar McKay v. Jeff Tanner, Warden |
Sixth Circuit |
2024-07-25 |
Denied |
Response WaivedIFP |
constitutional-rights directed-verdict due-process first-degree-murder insufficient-evidence jury-verdict murder premeditation reasonable-doubt |
Does due process require reversal where the trial court denied petitioner's motion for a directed verdict on first-degree murder due to insufficient e… |
| 23A1165 |
Harry Franklin Phillips v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-06-27 |
Presumed Complete |
|
circuit-court death-sentence federal-review first-degree-murder habeas-corpus post-conviction-relief |
Whether the Eleventh Circuit Court of Appeals correctly applied the standard for habeas corpus relief under 28 U.S.C. § 2254 in denying Mr. Phillips' … |
| 23A1164 |
Charles Grover Brant v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-06-27 |
Presumed Complete |
|
certificate-of-appealability death-penalty eleventh-circuit first-degree-murder habeas-corpus post-conviction |
Whether the Eleventh Circuit Court of Appeals improperly denied a Certificate of Appealability for a federal habeas corpus petition challenging a stat… |
| 23-7727 |
Everett G. Miller v. Florida |
Florida |
2024-06-14 |
Denied |
IFP |
aggravating-factor constitutional-challenge constitutional-law cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-statute |
Whether the Florida Supreme Court's expansion of the applicability of the CCP aggravating factor has rendered Florida's death penalty scheme unconstit… |
| 23-7632 |
Cordero Passley v. United States |
Second Circuit |
2024-06-04 |
Denied |
Response WaivedIFP |
criminal-law criminal-statute deliberate-intent deliberation first-degree-murder malicious-conduct mens-rea premeditation second-degree-murder willful-killing |
Whether the defendant committed a 'willful, deliberate, malicious, and premeditated killing' under 18 U.S.C. § 1(a) |
| 23-7343 |
Dalevonte D. Hearn v. Illinois |
Illinois |
2024-04-30 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process first-degree-murder ineffective-assistance-of-counsel jury-trial mistrial sentencing trial-rights |
Can an American citizen be punished for exercising the right to a jury trial? |
| 23-6599 |
Devon Blevins v. United States |
Tenth Circuit |
2024-01-29 |
Denied |
Response WaivedIFP |
18-usc-1 appellate-review criminal-conviction criminal-procedure first-degree-murder insufficiency-of-evidence jackson-v-virginia standard-of-review sufficiency-of-evidence |
Whether the court of appeals failed to correctly apply the standard of review for claims of insufficiency of evidence to support conviction of a crime… |
| 23-6415 |
Christian Cruz v. Florida |
Florida |
2024-01-05 |
Denied |
IFP |
capital-case capital-punishment criminal-procedure death-penalty due-process equal-protection first-degree-murder pulley-v-harris relative-culpability sentencing supreme-court-review |
Whether the affirmance by the Supreme Court of the State of Florida of defendant's conviction for first degree murder and sentence of death was clearl… |
| 23-6000 |
Tyler Catlin Borg v. California |
California |
2023-11-15 |
Denied |
Response WaivedIFP |
constitutional-due-process criminal-law criminal-procedure due-process first-degree-murder intent jury-instructions lying-in-wait murder-intent |
Questions Presented |
| 23-5994 |
James Jordan McClain v. Tammy Campbell, Warden |
Ninth Circuit |
2023-11-13 |
Denied |
Response WaivedIFP |
brady-violation equitable-tolling first-degree-murder habeas-corpus ineffective-assistance prosecutorial-misconduct second-degree-murder self-defense voluntary-manslaughter |
Whether the Ninth Circuit erred in holding that extraordinary circumstances for equitable tolling must make earlier filing 'impossible' |
| 22-7124 |
Ricky Lee Scott v. Dexter Payne, Director, Arkansas Division of Correction |
Arkansas |
2023-03-28 |
Denied |
Response WaivedIFP |
constitutional-violation due-process first-degree-murder jury-instructions life-imprisonment state-procedural-default trial-error waiver |
Whether petitioner's right to due process was violated |
| 22-7012 |
Lionel Jericho McCoy v. California |
California |
2023-03-15 |
Denied |
Response WaivedIFP |
charging-document common-law common-law-pleading criminal-charging due-process first-degree-murder notice notice-requirements sentencing-enhancement sixth-amendment |
Does the 1883 rule set forth in People v Soto, 63 Cal. 166 -that facts which expose a defendant to substantially enhanced punishment need not be pled … |
| 22-6418 |
Christopher Brian Cosimano v. United States |
Eleventh Circuit |
2022-12-29 |
Denied |
Response WaivedIFP |
appeals crime-of-violence criminal-law due-process eleventh-circuit federal-criminal-law federal-sentencing first-degree-murder omission-liability statutory-interpretation violent-crime |
Whether the Eleventh Circuit erred by finding that Florida's First-Degree Premeditated Murder Statute is categorically a crime of violence for purpose… |
| 22-6288 |
Mangwiro Sadiki-Yisrael v. United States |
Eleventh Circuit |
2022-12-13 |
Denied |
Response WaivedIFP |
base-offense-level first-degree-murder guilty-plea mens-rea rehaif-v-united-states rico-conspiracy sentencing-guidelines statutory-interpretation statutory-max |
Whether the government must prove a defendant's mens rea and knowledge of first-degree murder to establish the statutory max and base offense level un… |
| 22-6132 |
Michael Dominick Mencher v. United States |
Eleventh Circuit |
2022-11-22 |
Denied |
Response WaivedIFP |
8th-amendment categorical-approach crime-of-violence criminal-law due-process federal-criminal-law federal-sentencing first-degree-murder sentencing-enhancement statutory-interpretation violent-crime |
Whether Florida's First-Degree Premeditated Murder Statute is categorically a crime of violence for purposes of 18 U.S.C.§ 924(C)? |
| 22-6061 |
Kyle Watkins v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2022-11-15 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation constitutional-rights cumulative-effect due-process first-degree-murder habeas habeas-corpus law-enforcement law-enforcement-practices prejudice prosecutorial-misconduct |
Whether a Court can construe Brady's prejudice prong so strictly that it becomes, in effect, an automatic means of excusing unconstitutional law enfor… |
| 22-5982 |
Richard Allen Jackson v. United States |
Fourth Circuit |
2022-11-03 |
Denied |
IFP |
categorical-approach crime-of-violence criminal-law divisibility divisibility-analysis federal-statutes felony-murder first-degree-murder schad-v-arizona statutory-interpretation violent-crime |
Is federal first-degree murder, 18 U.S.C. § 1(a), a crime of violence under 18 U.S.C. § 924(c)(3)(A)? |
| 22-5867 |
Monica McCarrick v. Janelle Espinoza, Warden |
Ninth Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence first-degree-murder meaningful-defense mental-health paranoid-delusions premeditation trial-court-evidence |
Does an objectively unreasonable violation of the Constitutional right to present a meaningful defense occur when a trial court prevents a defendant f… |
| 21-7647 |
Lloyd Brice v. California |
California |
2022-04-19 |
Denied |
Response WaivedIFP |
conflict-of-interest due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial right-to-counsel right-to-fair-trial |
Did the Supreme Court err in failing to rule that the denial of the Motion for New Trial due to trial counsel's conflict of interest violated Petition… |
| 21-7630 |
Mickey Roy Anderson, Sr. v. United States |
Ninth Circuit |
2022-04-15 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-split criminal-law deliberation first-degree-murder mens-rea premeditation |
Whether a mere matter of seconds suffice as premeditation for first degree murder |
| 21-7297 |
Jaime B. Garcia v. Warren L. Montgomery, Warden |
Ninth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process first-degree-murder habeas-corpus jury-instructions legal-theory prosecutorial-concession reasonable-jurists standard-of-review |
Whether a certificate of appealability should have been issued when the jury was instructed on an invalid legal theory to convict the petitioner of fi… |
| 21-6851 |
Joel Quiles v. Massachusetts |
Massachusetts |
2022-01-14 |
Denied |
Response WaivedIFP |
acquittal constitutional-rights criminal-conviction double-jeopardy due-process felony-murder fifth-amendment first-degree-murder trial-procedure |
Did the defendant's conviction for first degree felony murder violate his constitutional right against double jeopardy? |
| 21-6367 |
Dacoby Reshard Wooten v. Florida |
Florida |
2021-11-22 |
Denied |
Response WaivedIFP |
alternative-theories criminal-procedure felony-murder first-degree-murder jury-unanimity premeditated-murder sixth-amendment |
Whether the Sixth Amendment requires jury unanimity as to whether a defendant committed premeditated murder or felony murder when the state proceeds o… |
| 21-653 |
Harold Lee Harvey, Jr. v. Florida |
Florida |
2021-11-03 |
Denied |
Relisted (2) |
autonomy-right counsel-override criminal-defense criminal-procedure defendant-autonomy due-process first-degree-murder ineffective-assistance-of-counsel mccoy-v-louisiana sixth-amendment |
Is the Sixth Amendment autonomy right established in McCoy violated where counsel overrode an express agreement with the defendant to not concede guil… |
| 21-5371 |
James Roland Henderson v. California |
California |
2021-08-13 |
Denied |
IFP |
criminal-intent criminal-procedure evidence-exclusion familial-violence first-degree-murder homicide imperfect-self-defense jury-instructions parental-relationship religious-beliefs self-defense special-circumstances |
Whether the trial court improperly instructed the jury with a pinpoint instruction on imperfect self-defense |
| 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? |
| 20-8251 |
Jayrionte Thomas v. West Virginia |
West Virginia |
2021-06-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-appeal criminal-procedure due-process first-degree-murder habeas-corpus ineffective-assistance legal-procedure right-to-counsel sixth-amendment west-virginia-law |
ineffective-assistance-of-counsel |
| 20-8220 |
Patrick Alan Vercruysse v. Bryan Morrison, Warden |
Sixth Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights due-process evidence-insufficiency first-degree-murder fourteenth-amendment police-testimony strangulation sufficiency-of-evidence suffocation |
Should petitioner's conviction be vacated due to insufficiency of the evidence that he caused the death of doctor thompson by strangulation or suffoca… |
| 20-8048 |
James Terry Colley, Jr. v. Florida |
Florida |
2021-05-17 |
Denied |
IFP |
14th-amendment 8th-amendment aggravating-factor constitutional-challenge cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-scheme |
Whether Florida's death penalty scheme is unconstitutional as applied because the Florida Supreme Court's expansion of the 'especially heinous, atroci… |
| 20-1498 |
Kory Alexander v. Alex Jones, Acting Warden |
Seventh Circuit |
2021-04-27 |
Denied |
Response Waived |
alleyne-precedent appellate-review criminal-elements criminal-procedure double-jeopardy due-process firearm-discharge first-degree-murder jury-instructions lesser-included-offense sentencing sentencing-factor |
Whether the Illinois Appellate Court unreasonably applied Alleyne v. United States |
| 20-1496 |
Ali Mohamed Elatrache v. Shane Jackson, Warden |
Sixth Circuit |
2021-04-26 |
Denied |
Response Waived |
capital-murder constitutional-rights due-process first-degree-murder jury-instructions jury-trial lesser-included-offenses procedural-default trial-by-jury |
whether-petitioner-was-deprived-of-due-process-and-jury-trial |
| 20-7715 |
In Re Richard DeCaro |
|
2021-04-12 |
Dismissed |
Relisted (2)IFP |
double-jeopardy ex-post-facto federal-statute first-degree-murder ineffective-assistance ineffective-assistance-of-counsel mandatory-life second-degree-murder sentencing-guidelines sixth-amendment |
Whether the Ex Post Facto Clause is violated |
| 20-7700 |
Robert Ibarra v. W. L. Montgomery, Acting Warden |
Ninth Circuit |
2021-04-09 |
Denied |
Response WaivedIFP |
co-defendant-statements co-perpetrator-statements confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process evidence-exclusion first-degree-murder hearsay right-to-defense right-to-present-defense |
Does the exclusion of statements by a co-perpetrator that he was solely responsible for the charged murder and the defendant was innocent violate the … |
| 20-7380 |
Michael Eugene Wyatt v. John Sutton, Warden |
Ninth Circuit |
2021-03-09 |
Denied |
Response WaivedIFP |
criminal-elements deliberation first-degree-murder habeas-review ninth-circuit ninth-circuit-precedent precedent premeditation premeditation-and-deliberation state-law sufficiency-of-evidence |
Did the Ninth Circuit improperly disregard and/or overlook United State Supreme Court and Ninth Circuit precedent that required it to defer to Califor… |
| 20-7270 |
Keith D. Barmore v. Sonja Nicklaus, Warden |
Seventh Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel involuntary-manslaughter jury-instructions prosecutorial-misconduct |
Question not identified |
| 20-6096 |
Dieuseul Brown v. Sonja Nicklaus, Warden |
Seventh Circuit |
2020-10-22 |
Denied |
IFP |
criminal-procedure due-process first-degree-murder independent-and-adequate-state-grounds jury-finding jury-instructions procedural-default second-degree-murder state-grounds |
Whether the Petitioner's claim is Procedurally-Defaulted |
| 20-5403 |
Dimarzio Swade Sanchez v. United States |
Ninth Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
aiding-and-abetting criminal-procedure due-process first-degree-murder jury-instruction jury-instructions mandatory-life-imprisonment sixth-amendment |
Whether Sanchez's conviction was in contravention of historical jurisprudence and the Sixth Amendment when the district court failed to instruct the j… |
| 20-5394 |
Eugene Mona, aka Gino v. United States |
Fifth Circuit |
2020-08-18 |
Denied |
Response WaivedIFP |
amendment-782 criminal-sentencing district-court drug-guidelines drug-sentencing-guidelines first-degree-murder motion-denial motion-for-sentence-reduction rico-conspiracy sentence-reduction |
Whether the District Court erred in denying Petitioner's Motion For Sentence Reduction |
| 20-5334 |
Dennis K. Kieren, Jr. v. Aaron D. Ford, Attorney General of Nevada |
Ninth Circuit |
2020-08-12 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-law constitutional-rule due-process first-degree-murder habeas-corpus retroactivity statutory-interpretation |
Whether the Ninth Circuit should have granted a Certificate of Appealability |
| 20-5217 |
David Kelsey Sparre v. Florida |
Florida |
2020-07-30 |
Denied |
IFP |
adolescent-brain-development brain-development constitutional-rights first-degree-murder harmless-error ineffective-assistance-of-counsel juvenile-sentencing prejudice trial-strategy |
Whether trial counsel's failure to investigate and execute the defense trial strategy results in prejudice? |
| 19-8771 |
Michael A. Risenhoover v. William Muniz, Warden |
Ninth Circuit |
2020-06-22 |
Denied |
Response WaivedRelisted (2)IFP |
28-years-to-life criminal-procedure due-process first-degree-murder first-time-offender judicial-discretion murder prior-criminal-history proportionality public-message sentencing sentencing-guidelines |
Does sentencing a first-time offender who has no prior criminal history to 28 years to life send a dangerous message to the public and future offender… |
| 19-8727 |
Felton Ladell Humphries, Jr. v. S. Sherman, Warden |
Ninth Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process first-degree-murder jury-instruction self-defense voluntary-manslaughter |
Whether the petitioner was entitled to a jury instruction on his theory of defense and the requested jury instruction on voluntary manslaughter and im… |
| 19-8304 |
Timothy J. McVay v. Illinois |
Illinois |
2020-04-19 |
Denied |
Response WaivedIFP |
actus-reus burden-of-proof civil-rights constitutional-rights criminal-procedure due-process first-degree-murder mens-rea presumption-of-innocence |
Whether a bench trial conviction of first degree murder can be upheld without evidence |
| 19-7973 |
Quincy Chisolm v. Maryland |
Maryland |
2020-03-12 |
Denied |
IFP |
appeal civil-rights conspiracy conviction criminal-procedure due-process first-degree-murder judicial-discretion mitigating-circumstances murder sentencing trial-court-error |
Did the trial Court err in failing to set aside the verdict that a Conviction can the Court of Criminal Appeals to murder? |
| 19-7879 |
Luis D. Rivera-Carrasquillo, et al. v. United States |
First Circuit |
2020-03-05 |
Denied |
Response WaivedIFP |
18-usc-1959 18-usc-924 categorical-approach crime-of-violence first-degree-murder penal-code plain-error puerto-rico-penal-code racketeering sentencing-enhancement violent-crimes-in-aid-of-racketeering |
Is first degree murder under the 2004 Puerto Rico Penal Code a 'crime of violence' for the purpose of 18 U.S.C. § 924(j)? |
| 19-7835 |
Miguel Rodriguez v. United States |
Seventh Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
actual-innocence aedpa aedpa-authorization constitutional-law constitutional-suspension due-process first-degree-murder habeas-corpus preponderance-of-evidence preponderance-of-the-evidence sentencing |
Whether the Eleventh Circuit's decision in McCarthan v. Dir. Goodwill Indus. Suncoast-Inc, 851 F.3d 1076 (11th Cir. 2017), is in violation of the Unit… |
| 19-7167 |
Harshadkumar Nanjibhai Jadav v. Virginia |
Virginia |
2020-01-03 |
Denied |
Response WaivedIFP |
appellate-review circumstantial-evidence criminal-procedure evidence-sufficiency first-degree-murder identity-of-defendant identity-of-perpetrator jury-instructions possession-of-weapon premeditation sufficiency-of-evidence |
Whether the Court of Appeals of Virginia unreasonably affirmed the Petitioner's conviction on the charge of First-Degree Murder |
| 19-605 |
Arizona v. Philip John Martin |
Arizona |
2019-11-12 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
appeal criminal-appeal double-jeopardy first-degree-murder greater-offense hung-jury hung-jury-rule jury-instructions jury-verdict lesser-offense richardson-v-united-states second-degree-murder |
When a jury expressly states it is 'unable to agree' on a defendant's guilt for a greater offense and convicts the defendant of a lesser offense, and … |
| 19-6029 |
Frank Jeffs v. Michael Overmyer, Superintendent, State Correctional Institution at Forest, et al. |
Pennsylvania |
2019-09-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process first-degree-murder habeas-corpus jurisdiction premeditated-murder prosecutorial-misconduct self-defense sentencing sentencing-order |
Whether the Pennsylvania Supreme Court was required to vacate and set aside the judgment and discharge the prisoner when the Commonwealth refused to f… |
| 19-5301 |
Aaron Orlando Richards v. Louisiana |
Louisiana |
2019-07-25 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-interpretation criminal-procedure double-jeopardy due-process equal-protection first-degree-murder jury-trial jury-unanimity jury-verdict legislative-amendment non-unanimous-verdict prosecutorial-discretion unanimous-verdict |
Did the appellate court err in its interpretation of Apodaca and Bertrand? |
| 18-9252 |
Kevin Foster v. Florida |
Florida |
2019-05-15 |
Denied |
IFP |
capital-murder capital-punishment death-penalty death-sentence due-process eighth-amendment first-degree-murder jury-findings jury-unanimity reasonable-doubt unanimous-verdict |
Whether Mr. Foster's death sentence is unconstitutional because it violates the Eighth Amendment and the Due Process Clause |
| 18-8371 |
Martin E. Grant v. Michigan |
Michigan |
2019-03-11 |
Denied |
Response WaivedIFP |
6th-amendment due-process effective-assistance-of-counsel equal-protection first-degree-murder life-imprisonment motion-for-relief-from-judgment plea-bargaining sixth-amendment |
Whether Petitioner has been denied the effective assistance of counsel guaranteed by the 6th Amendment to the United States Constitution, during the p… |
| 18-8312 |
Dayomashell David Aguilar v. William Gittere, Warden, et al. |
Ninth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
aiding-and-abetting conspiracy criminal-procedure first-degree-murder jury-instructions mens-rea miscarriage-of-justice |
Whether the Ninth Circuit erred in denying a certificate of appealability on Aguilar's claim that the jury instructions relieved the State of the burd… |
| 18-7192 |
Lavell Phillips v. United States |
Eleventh Circuit |
2018-12-28 |
Denied |
Response WaivedIFP |
armed-career-criminal-act attempted-first-degree-murder attempted-murder attempted-use-of-force criminal-statute elements-clause first-degree-murder physical-force procedural-background sentencing-enhancement statutory-interpretation violent-felony |
Where a completed offense satisfies the ACCA's elements clause, does the attempted commission of that offense necessarily do so as well? |
| 18-6956 |
Jason Dirk Walton v. Florida, et al. |
Florida |
2018-12-07 |
Denied |
IFP |
capital-murder criminal-law due-process eighth-amendment first-degree-murder jury-unanimity resentencing retrospective-application retrospective-law sentencing-elements substantive-criminal-law |
When changes in a state's substantive criminal law apply retrospectively to cases involving homicides committed in 1981 and 1982, but not to cases inv… |
| 18-6805 |
Jose Rodriguez v. Daniel Paramo, Warden |
Ninth Circuit |
2018-11-26 |
Denied |
IFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process federal-question first-degree-murder ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instructions penal-code-187a principal reasonable-doubt |
Whether the petitioner's conviction for first-degree murder lacked sufficient evidence to support the verdict |
| 18-6635 |
Eddie Hampton v. California |
California |
2018-11-08 |
Denied |
IFP |
criminal-procedure criminal-procedure-error felony-murder first-degree-murder jury-instruction jury-instructions murder natural-and-probable-consequence natural-probable-consequence prejudice-standard premeditated-murder standard-of-prejudice |
Where she jury was erroneously instrycted on (a) Murder as a natural and presbable consequence per peopie vs chiu 39 cal 4th $35 172 cad Rotr 3d 438 3… |
| 18-5865 |
Gary L. Pennington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Pennsylvania |
2018-09-04 |
Denied |
Response WaivedIFP |
capital-offense constitutional-rights criminal-procedure due-process first-degree-murder fourteenth-amendment state-law substantive-due-process |
Whether petitioner's conviction of first degree murder violated the constitutionally protected state-created liberty interest guaranteed under the Fou… |
| 18-192 |
J. B. R. v. United States |
Fifth Circuit |
2018-08-14 |
Denied |
|
age-of-criminal-responsibility constitutional-limits constitutional-punishment criminal-prosecution death-penalty due-process first-degree-murder juvenile-justice juvenile-offender juvenile-offenders life-imprisonment prosecutorial-discretion statutory-interpretation statutory-punishment |
Whether the Due Process Clause forbids the Government from prosecuting an individual who was a juvenile at the time of the crime under a statute that … |