gang-enhancement

4 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24A80 Steven Cuellar v. Randy Grounds, Warden Ninth Circuit 2024-07-23 Presumed Complete criminal-procedure due-process gang-enhancement juvenile-justice sentencing-enhancement sufficiency-of-evidence Whether a state criminal trial court's finding of a juvenile defendant's gang membership, unsupported by sufficient evidence, violates the defendant's…
20-8307 Lamar McKnight v. Josie Gastelo, Warden Ninth Circuit 2021-06-15 Denied Response WaivedIFP confrontation-clause cross-examination due-process evidence expert-testimony gang-enhancement gang-expert jury-instruction natural-probable-consequences right-to-confront testimonial-hearsay Should a COA have been granted to decide if the trial court's admission of the gang expert's testimonial hearsay deprived McKnight of his right to con…
20-6231 Mark Zavala v. Kim Holland, Warden, et al. Ninth Circuit 2020-11-05 Denied Response WaivedIFP criminal-procedure due-process fair-trial fourteenth-amendment gang-enhancement sentence-enhancement street-terrorism-act unitary-proceeding Does the trial of a sentence enhancement allegation under California's Street Terrorism Enforcement and Prevention Act in a unitary proceeding with th…
18-5007 David Lemoe Tua v. California California 2018-07-02 Denied Response WaivedIFP criminal-procedure due-process fair-trial gang-enhancement insufficient-evidence prosecutorial-misconduct severance sufficiency-of-evidence trial-severance Whether the state court's refusal to sever petitioner's trial from that of his codefendant and refusal to sever the gang enhancement allegations viola…