| 25-6812 |
Himen Ross v. United States |
Second Circuit |
2026-02-13 |
Denied |
Response WaivedIFP |
constitutional-fairness criminal-trial district-court-discretion gang-evidence jury-prejudice mistrial-motion |
1. Whether the district court abused its discretion by allowing the government to introduce highly prejudicial evidence and argument linking Ross to a… |
| 22-7085 |
Rodolfo Godinez v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
criminal-procedure-miranda due-process fair-trial gang-evidence gang-expert-testimony ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence media-exposure miranda-rights sixth-amendment |
1. Whether the Appellant's Pre-Miranda Statements was obtained in violation of Miranda v. Arizona., 384 U.S. 436 (1966)?
2. Whether the prosecutor's … |
| 21-5828 |
Brandon Aaron Thomas v. California |
California |
2021-09-30 |
Denied |
IFP |
apartment-search constitutional-rights criminal-procedure fourth-amendment gang-evidence illegal-search illegal-searches illegal-seizures motion-to-proceed-in-forma-pauperis seizure |
Question not identified. |
| 21-5668 |
Freddy Angel Trujillo v. Raymond Madden, Warden |
Ninth Circuit |
2021-09-14 |
Denied |
IFP |
criminal-procedure due-process fair-trial fourteenth-amendment gang-evidence joinder joinder-of-charges prejudicial-evidence summary-reversal |
Trujillo's trial was rendered fundamentally unfair due to the joint trial of unrelated charges and the admission of highly prejudicial gang evidence r… |
| 20-7200 |
Michael Burciaga v. Raymond Madden, Warden |
Ninth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
aedpa criminal-procedure due-process gang-evidence habeas-corpus jackson-v-virginia ninth-circuit premeditation standard-of-review |
Under California law, premeditation requires more than just intent to kill; it requires "careful thought," as a "deliberate judgment or plan," carried… |
| 19-5144 |
David R. Uribe v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-07-11 |
Denied |
IFP |
14th-amendment certificate-of-appealability due-process gang-evidence habeas-corpus insufficient-evidence jackson-v-virginia underlying-charges |
Should a certificate of appealability be granted to review whether there was a violation of Jackson v. Virginia, 443 U.S. 307, 317 and the Due Process… |
| 19-6 |
New York v. Jahmarley Jones |
New York |
2019-06-28 |
Denied |
Response RequestedRelisted (2) |
confrontation-clause crawford-v-washington criminal-procedure gang-evidence police-investigation police-investigations sixth-amendment testimonial-evidence testimonial-statements |
Whether statements made by individuals during routine police investigations – prior to the commission of a specific crime, the identification of a sus… |
| 18-8571 |
Javier Pellecer v. California |
California |
2019-03-26 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights cumulative-error due-process fair-trial gang-evidence impartial-jury ineffective-assistance-of-counsel |
I.
WHETHER THE SPECAL CIRCUMSTANCE AND GANG EVIDENCE ARE
UNSUPPORTED BY SUBSTANTIAL EVIDENCE, DENYING PETITIONER
DUE PROCESS OF LAW.
II.
WHETHER THE … |
| 18-8490 |
Bernard Mitchell v. California |
California |
2019-03-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review |
1. Did the court abuse its discretion in permitting the jury to be exposed to the nicknames "Crip" and "'Scrap,"' which have been taken as a suggestio… |
| 18-7469 |
David Valenzuela Arzate v. James Robertson, Warden |
Ninth Circuit |
2019-01-17 |
Denied |
Response WaivedIFP |
11th-amendment 6th-amendment appellate-procedure civil-rights constitutional-provisions due-process fair-trial gang-evidence insufficient-evidence judicial-review legal-interpretation statutory-provisions |
1. Did the Ninth Circuit Court of Appeals abuse discretion or err in denying petitioner's certificate of appealability?
2. Could a reasonable jurist … |
| 18-6466 |
Wilson C. Ortega v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
assault criminal-enhancement criminal-street-gang criminal-threats false-imprisonment gang-evidence gang-related ineffective-assistance-of-counsel predicate-offenses prejudicial-evidence sixth-amendment trial-procedure |
In California, evidence of other gang members' commission of qualifying predicate offenses is relevant to prove criminal street gang enhancements, but… |