government-burden

11 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-7521 Anthony D. Williams v. United States Fourth Circuit 2025-06-27 Denied Response WaivedIFP criminal-procedure due-process government-burden revocation-hearing supervised-release witness-absence Whether Mr. Williams' due process rights were satisfied when the government failed to show good cause for a witness's absence from a supervised releas…
21-1297 Clare Therese Grady, Carmen Trotta, and Martha Hennessy v. United States Eleventh Circuit 2022-03-25 Denied circuit-split criminal-prosecution free-exercise government-burden government-burden-of-proof least-restrictive-means prosecution religious-freedom religious-freedom-restoration-act rfra sincerely-held-beliefs Whether the Religious Freedom Restoration Act imposes a burden on the government to demonstrate that it has actually considered and rejected the effic…
21-6132 Shelton Marbury v. United States District of Columbia 2021-10-29 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process external-influence government-burden jury jury-influence presumption-of-prejudice sixth-amendment Whether under the Sixth Amendment, once a defendant has presented evidence that an external influence has reached his jury, a presumption of prejudice…
20-702 David Stiles, Jr. v. Texas Texas 2020-11-20 Denied arrest-to-trial-delay barker-v-wingo constitutional-rights doggett-v-united-states due-process government-burden presumption-of-prejudice presumptive-prejudice sixth-amendment speedy-trial Whether a defendant is required to demonstrate prejudice on a speedy-trial-claim involving a presumptively-prejudicial-delay
20-5345 Clarence Taylor v. United States Ninth Circuit 2020-08-13 Denied Response WaivedIFP administrative-law confrontation confrontation-right due-process government-burden hearsay revocation-proceeding testimonial-evidence witness-hearsay witness-testimony Whether due process requires the government to make an affirmative showing that a witness is afraid to testify before relying on testimonial hearsay a…
19-1091 Steve Ray Evans v. Sandy City, Utah, et al. Tenth Circuit 2020-03-05 Denied Response RequestedResponse WaivedRelisted (2) expressive-conduct first-amendment free-speech government-burden government-regulation less-restrictive-alternatives public-forum roadway-medians speech-restriction traffic-safety Whether a government may ban expressive conduct without first trying to advance its interests using less speech-restrictive measures
19-7332 Brian Dean King, Jr. v. United States Fifth Circuit 2020-01-17 Denied Response WaivedIFP appellate-review burden-of-production burden-of-proof criminal-procedure defendant-objection due-process evidence government-burden pre-sentence-report sentencing Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, …
19-6634 Kathryn Woodin Markle v. United States Fifth Circuit 2019-11-14 Denied Response WaivedIFP appellate-review burden-of-production burden-of-proof criminal-procedure defendant-rights due-process evidence government-burden pre-sentence-report sentencing sentencing-guidelines sentencing-objection Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, …
19-5115 Cordero Robert Seals v. United States Eighth Circuit 2019-07-09 Denied Response WaivedIFP burden-of-proof burrage burrage-test but-for-causation causation-standard causation-test circuit-split contributing-causation contributing-cause eighth-circuit government-burden judicial-interpretation legal-standard seventh-circuit Whether the Eighth Circuit misinterpreted the but-for causation test in light of the government's burden, and inappropriately applied the contributing…
18-9003 Ariel Brown v. United States Fifth Circuit 2019-04-29 Denied Response WaivedIFP and whether false allegations in a Presentence In burden-of-proof criminal-procedure due-process government-burden presentence-report sentencing sentencing-enhancement weapons-enhancement weapons-possession When a defendant submits a sworn Declaration denying key elements of a weapons enhancement, can the defendant be enhanced without the Government meeti…
18-583 Kenneth Mayle v. United States, et al. Seventh Circuit 2018-11-05 Denied Response Waived compelled-speech compelling-governmental-interest equal-protection free-exercise free-speech government-burden least-restrictive-means minority-rights religious-beliefs religious-freedom-restoration-act sincerely-held-religious-beliefs standing statutory-interpretation Whether the lower court's ruling violates the Supreme Court's precedents by improperly substituting its own view that carrying currency bearing a reli…