grand-jury

178 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6758 Quintin Washington v. Jeff Tanner, Warden Sixth Circuit 2026-02-09 Pending IFP constitutional-rights due-process grand-jury indictment judicial-procedure subject-matter-jurisdiction I. WHEN A COURT LACKS SUBJECT-MATTER JURISDICTION, PROCEEDINGS ARE VOID AB INITIO. ARE THE CONVICTIONS/SENTENCES AGAINST MR. WASHINGTON VOID BECAUSE T…
25-841 Henry Troy Wade v. United States Eleventh Circuit 2026-01-15 Pending Response Waived brady-violation constitutional-procedure due-process grand-jury sixth-amendment wire-fraud 1. Whether a conviction under 18 U.S.C. §1343 must be vacated where the Government obtained a verdict under a theory materially broader than the indic…
25-773 Joseph John Slack v. Robert McHugh, et al. Third Circuit 2025-12-31 Pending Response Waived criminal-procedure felony-charges grand-jury pennsylvania-law probable-cause statewide-investigation Whether the presentment of a statewide investigating grand jury in the Commonwealth of Pennsylvania constitutes prima facie evidence of probable cause…
25-6436 Francisco Junior Louis v. United States Eleventh Circuit 2025-12-29 Pending Response WaivedIFP constitutional-rights covid-delay criminal-procedure grand-jury pro-se-motion speedy-trial Is a criminal defendant's statutory and constitutional right to a speedy trial violated when the delay in obtaining an indictment arose from the gover…
25-6171 Aldo DiBelardino v. Jason S. Miyares, Attorney General of Virginia, et al. Fourth Circuit 2025-11-19 Denied Response WaivedIFP constitutional-rights due-process fifth-amendment fourteenth-amendment grand-jury law-enforcement 1. Does the systematic manipulation of our grand jury authority —contrary to its constitutionally intended role as a "protector of citizens [the Peo…
25-5492 Shedrick Givens v. Darrel Vannoy, Warden Louisiana 2025-08-28 Denied IFP bill-of-information constitutional-rights fourteenth-amendment grand-jury subject-matter-jurisdiction thirteenth-amendment Whether the trial court lacked subject matter jurisdiction and whether the State violated the petitioner's fundamental rights under the Thirteenth and…
25-5453 George T. Rodgers, aka Gary Adams, aka Jeffrey Reid, aka Jim Johnson v. New Jersey New Jersey 2025-08-22 Denied IFP body-worn-camera exculpatory-evidence grand-jury identification-error perjury search-warrant Whether the court will revisit a motion to suppress evidence based on newly discovered perjured testimony by a detective in obtaining a search warrant…
25-5036 Wilfredo Feliciano-Rodriguez v. United States First Circuit 2025-07-07 Denied Response WaivedIFP constitutional-provisions federal-prosecution grand-jury interstate-commerce jurisdiction puerto-rico-statehood Whether a federal court can prosecute without verifying jurisdiction and whether the Respondent can usurp Puerto Rico's jurisdiction in violation of 1…
24-7462 Henry Weaver v. United States Fifth Circuit 2025-06-18 Denied Response WaivedIFP allen-charge due-process evidence-rule fifth-amendment grand-jury lay-opinion Should the Fifth Amendment apply to grand jury proceedings, and do Allen charges unconstitutionally influence minority jurors, and do law enforcement …
24-7315 Kenyon Lamonte Watson v. United States Ninth Circuit 2025-05-29 Denied Response WaivedIFP bail-reform-act criminal-procedure fifth-amendment grand-jury pretrial-detention res-judicata Whether the government can seek pretrial detention in a second related prosecution after a magistrate judge has previously denied detention and ordere…
24-7070 In Re Shawn Michael Chalifoux 2025-04-24 Denied IFP conspiracy controlled-substance false-testimony grand-jury prosecutorial-misconduct selective-prosecution Does an Assistant U.S. Attorney have the authority to present perjurious testimony and/or false declarations before a grand jury and/or district court…
24-6910 In Re Edward Greeman 2025-04-01 Denied IFP brady-violation due-process grand-jury habeas-corpus speedy-trial warrantless-arrest Whether the warrantless arrest violated due process and if arresting officers had jurisdiction, whether exculpatory evidence was withheld from the Gra…
24-6590 John Dwayne Garvin v. Levern Cohen, Warden Fourth Circuit 2025-02-19 Denied Response WaivedRelisted (2)IFP constitutional-rights declaratory-judgment grand-jury habeas-corpus judicial-process void-indictment Whether a South Carolina Supreme Court's Order Declining to Entertain a Complaint for a Declaratory Judgment to Determine the Legality and Constitutio…
24-6458 David C. Lettieri v. Federal Bureau of Investigation Second Circuit 2025-02-03 Denied IFP abuse-of-process constitutional-rights due-process false-arrest grand-jury probable-cause Whether a false arrest without probable cause constitutes a violation of due process rights
24-710 Daniel D. Basile, III v. Illinois Illinois 2025-01-03 Denied Response Waived confession-evidence constitutional-amendments due-process grand-jury judicial-review prosecutorial-misconduct Whether the Illinois Supreme Court's holding weakens the shield function of the grand jury process by inappropriately altering the standard for establ…
24-5960 Christopher Patrick McGowan v. Pennsylvania Pennsylvania 2024-11-13 Denied Relisted (2)IFP fifth-amendment fourteenth-amendment fourth-amendment grand-jury preliminary-hearing probable-cause Did the Franklin County Court of Common Pleas violate the petitioner's Fourth, Fifth, and Fourteenth Amendment rights through improper judicial proced…
24-407 Bonnie Burkhardt v. Penney Azcarate, Chief Judge, Fairfax County Circuit Court Virginia 2024-10-11 Denied Response Waived common-law constitutional-rights criminal-activity grand-jury official-misconduct public-safety Does a citizen have a Constitutional and Common Law right to report evidence of felonious activity to the grand jury, especially when public safety of…
24A343 Saaed Moslem v. United States Second Circuit 2024-10-11 Presumed Complete constitutional-rights fraud-on-court grand-jury judicial-misconduct prosecutorial-misconduct statute-of-limitations Whether prosecutorial misconduct that materially misrepresents facts to a grand jury and deliberately conceals such misconduct warrants dismissal of a…
24-5698 Tony Moore, Jr. v. South Carolina South Carolina 2024-10-03 Denied Response WaivedIFP constitutional-rights due-process fourteenth-amendment grand-jury jurisdictional-challenge wrongful-imprisonment Whether the state court violated the petitioner's due process rights by refusing to hear jurisdictional challenges and improperly constituting the gra…
24A241 John Dwayne Garvin v. Levern Cohen, Warden Fourth Circuit 2024-09-06 Presumed Complete certificate-of-appealability constitutional-challenge declaratory-judgment due-process grand-jury habeas-corpus Whether a state court's refusal to entertain a declaratory judgment challenging grand jury proceedings violates a petitioner's due process rights when…
24-5079 John W. Patton v. Louisiana Louisiana 2024-07-16 Denied Response WaivedIFP actual-innocence confrontation constitutional-rights due-process fair-trial grand-jury impartial-judge judicial-interference perjury pro-se-defendant sixth-amendment stand-by-counsel transcript Due-process
23-7681 Thomas George Craaybeek v. Texas Texas 2024-06-11 Denied IFP constitutional-rights criminal-procedure due-process fundamental-rights grand-jury habeas-corpus ineffective-assistance post-conviction-relief suppressed-evidence Question not identified
23-7271 Arthur Lomax v. Colorado Colorado 2024-04-19 Denied Relisted (2)IFP 14th-amendment civil-rights constitutional-rights due-process fair-trial felony-prosecution grand-jury indictment preliminary-hearing subject-matter-jurisdiction Whether a state's 'Bill of Rights' requiring felony prosecution only by indictment is consistent with the state's 'uniformity of laws clause' and the …
23-7278 Kasheen Samuels v. United States Second Circuit 2024-04-19 Denied Response WaivedIFP due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment-modification jury-instructions sixth-amendment Did the Second Circuit err in failing to find that Kasheen Samuels' Fifth Amendment rights to an indictment by a Grand Jury and due process and his Si…
23-6966 Alison Lee Gendreau v. United States Ninth Circuit 2024-03-12 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-restitution fifth-amendment grand-jury grand-jury-right jury-trial proof-beyond-reasonable-doubt reasonable-doubt restitution sixth-amendment Whether the Fifth Amendment grand jury right and the Sixth Amendment right to jury trial on proof beyond a reasonable doubt apply to restitution in a …
23-6935 Dennis James Gaede v. North Dakota North Dakota 2024-03-08 Denied Response WaivedRelisted (2)IFP 14th-amendment 8th-amendment amendment-violation constitutional-rights due-process ex-post-facto excessive-punishment grand-jury north-dakota Whether Gaede's 8th and 14th Amendment Rights to Due Process and to be Free from Excessive Punishment were Violated
23-6893 Jacob A. Rubini v. Illinois Illinois 2024-03-05 Denied Response WaivedRelisted (2)IFP criminal-procedure due-process grand-jury ineffective-assistance ineffective-assistance-of-counsel perjured-testimony perjury post-conviction-relief prosecutorial-misconduct Whether the prosecutor violated the defendant's due process rights by blocking testimony, knowingly using perjured testimony, and knowingly using fals…
23-6789 Randolph Maya v. Florida Florida 2024-02-20 Denied Response WaivedIFP evidence grand-jury grand-jury-testimony impeachment impeachment-evidence jury-instructions prior-inconsistent-statement substantive-evidence witness witness-testimony Can a party knowingly call a witness it expects to testify contrary to previous statements in order for those statements to entered as substantive evi…
23-884 Marco Antonio Perez v. United States Eleventh Circuit 2024-02-16 Denied Response Waived circuit-split criminal-procedure criminal-sentencing due-process grand-jury harmless-error judicial-interpretation release-violation sentencing-enhancement statutory-maximum Does 18 USC § 3147 authorize a sentence exceeding the statutory maximum for the underlying offense?
23-6767 Michael Samuel Hudson, Jr. v. Melissa Andrewjeski, Superintendent, Coyote Ridge Corrections Center Ninth Circuit 2024-02-15 Denied Response WaivedIFP bill-of-rights citizenship due-process fourteenth-amendment grand-jury grand-jury-clause hurtado-v-california incorporation-doctrine privileges-and-immunities privileges-immunities Does the Fourteenth Amendment protect rights against state intrusion?
23-6730 Bryant Calloway v. United States Third Circuit 2024-02-13 Denied Response WaivedIFP appellate-jurisdiction criminal-procedure due-process fair-trial grand-jury ineffective-assistance-of-counsel judicial-review material-evidence prosecutorial-misconduct witness-credibility witness-testimony Whether the fundamental fairness of the criminal trial was violated by the district court's denial of the petitioner's motion to dismiss the indictmen…
23-6556 Robert Thrasher v. Georgia Georgia 2024-01-24 Denied Response WaivedIFP court-procedure due-process grand-jury indictment legal-record statutory-oath subject-matter-jurisdiction void-conviction witness-testimony Where there is no record of any part of a court proceeding, the grand jury proceedings, this means there was never a grand jury proceeding, correct?
23-6360 In Re Burt Setts 2023-12-27 Dismissed Relisted (2)IFP 5th-amendment capital-conviction civil-rights constitutional-rights criminal-procedure due-process grand-jury indictment Whether the petitioner's due process rights were violated by the holding that the petitioner was not entitled to a grand jury indictment
23A559 Colin Montague v. United States Second Circuit 2023-12-18 Presumed Complete continuing-criminal-enterprise criminal-statute fifth-amendment grand-jury indictment predicate-violations Whether an indictment charging a Continuing Criminal Enterprise (CCE) offense must specify the predicate violations with sufficient factual detail to …
23-6298 Chet Smith v. Cook County, Illinois Seventh Circuit 2023-12-18 Denied IFP criminal-charges federal-rules-criminal-procedure federal-rules-of-criminal-procedure fifth-amendment government-non-compliance grand-jury oath-requirement panel-defendant procedural-due-process rule-3 void-complaint void-indictment whether-the-return-of-an-indictment-without-a-vote-by-the-grand-jury-violates-the-fifth-amendment-guarantee-of-indictment-by-a-grand-jury
23-379 John S. Barth v. Department of Justice, et al. District of Columbia 2023-10-11 Denied Response Waived checks-and-balances civil-rights due-process executive-discretion grand-jury political-corruption racketeering rico sovereign-immunity Do federal agencies have discretion to collude in racketeering crime?
23-5308 James Renwick Manship v. Susan Beals, Commissioner Virginia 2023-08-09 Denied Response WaivedIFP civil-rights election-integrity electronic-voting first-amendment free-speech grand-jury petition petition-rights voting-machines voting-rights QUESTIONS PRESENTED RELATED TO FIRST AMENDMENT RIGHTS OF HONEST VOTE (FREE SPEECH) & PETITION FOR REDRESS OF GRIEVANCES TO A GRAND JURY
23-5054 Vitaly Burleovitsch Kolosha v. Oklahoma Oklahoma 2023-07-06 Denied Relisted (2)IFP constitutional-rights criminal-procedure double-jeopardy due-process evidence-access exculpatory-evidence grand-jury multiple-prosecutions post-conviction sentencing state-prison Whether the Oklahoma state courts had jurisdiction to prosecute the petitioner after the federal court refused to hear the case and dismissed the char…
23-5042 Daniel Robinson v. United States Third Circuit 2023-07-05 Denied Response WaivedIFP conspiracy constructive-amendment criminal-procedure due-process federal-rule-of-evidence fifth-amendment grand-jury law-enforcement-testimony opinion-evidence prosecutorial-overreach Whether this Court's guidance on constructive amendments in conspiracy cases is necessary to protect criminal defendants' Fifth Amendment rights
22-7581 Michael D. Beiter, Jr. v. United States Eleventh Circuit 2023-05-17 Denied Response WaivedIFP access-to-records chilling-effect court-precedent due-process government-action grand-jury legal-relief legal-rights penalization procedural-limitation prosecutorial-misconduct selective-prosecution Whether a person is precluded from doing what the law plainly allows them to do, as the government pursues a course of action to penalize a person's r…
22-1065 John Paul Gosney, Jr. v. United States Eleventh Circuit 2023-05-02 Denied Response Waived asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process ex-parte-order forfeiture-statute grand-jury right-to-counsel traceability Whether United States v. Monsanto, 491 U.S. 600 (1989), and/or Kaley v. United States, 571 U.S. 320 (2014), should be overruled or at least modified
22-7087 Michael James Hoffman v. United States District Court for the District of Arizona Ninth Circuit 2023-03-24 Denied Relisted (2)IFP criminal-procedure due-process evidence-manipulation fifth-amendment fourteenth-amendment grand-jury right-to-counsel sixth-amendment state-misconduct trial-misconduct Did the State violate the Petitioner's Sixth Amendment right to counsel and due process?
22-6966 In Re Antwoyn Terrell Spencer 2023-03-08 Dismissed Response WaivedRelisted (2)IFP appellate-decisis constitutional-rights criminal-procedure due-process due-process-clause final-decisions grand-jury grand-jury-clause indictment jurisdiction statute-of-limitations Whether the district court erred in refusing to address the merits of the petitioner's motion to dismiss the indictment for lack of jurisdiction
22-6926 Jesse Davenport, aka Draco John Flama v. United States Ninth Circuit 2023-03-03 Denied Response WaivedIFP conspiracy criminal-conviction due-process fifth-amendment grand-jury multi-count-indictment petit-jury Whether a court violates a defendant's Fifth Amendment Grand Jury rights
22-6877 Ramone Wright v. United States Sixth Circuit 2023-02-28 Denied Response WaivedIFP civil-procedure clerk-authority criminal-procedure due-process grand-jury indictment-correction judicial-integrity judicial-process judicial-records prosecutorial-error public-confidence record-amendment Does the clerk of court have the authority to correct the record that was filed under oath and returned by the jurors concerning the indictment?
22-6858 In Re Zumar H. Dubose 2023-02-24 Denied IFP constitutional-law criminal-procedure due-process grand-jury indictment jury-selection personal-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights Whether the U.S. District Court has personal or subject-matter jurisdiction over an indictment that was not filed in open court or voted on by 10 or m…
22-6864 In Re Abdush S. DuBose 2023-02-24 Denied IFP civil-procedure constitutional-procedure criminal-defendant due-process grand-jury indictment judicial-discretion jurisdiction jury-selection standing trial-rights Whether the U.S. District Court has personal or subject-matter jurisdiction over an indictment that was not filed in open court or voted on by a grand…
22-777 William E. Henry v. Steven T. Marshall, Attorney General of Alabama Eleventh Circuit 2023-02-17 Denied Response Waived butterworth-precedent compelled-speech constitutional-law first-amendment free-speech grand-jury grand-jury-secrecy prior-restraint secrecy witness-testimony Whether Alabama's Grand Jury Secrecy Act restricts a grand jury witness's public disclosure of their own testimony — including information known to th…
22-6382 James A. Warren v. Florida Florida 2022-12-22 Denied Relisted (2)IFP capital-crime capitol-crime constitutional-procedure criminal-prosecution due-process fifth-amendment florida-constitution grand-jury indictment presentment Does Article I Section 15(a) of the Florida Constitution prohibit any person from being tried for a capitol crime without presentment or indictment by…
22-6335 Timothy Michael Unzueta v. Texas Texas 2022-12-19 Denied IFP clear-error criminal-justice criminal-procedure date-range due-process grand-jury legal-procedure material-element void-conviction Is it not clear error to allow a void conviction to continue (i.e., to not be vacated) knowing that a material (date-range essential) element was impr…
22-6202 Peter Gakuba v. Illinois Prisoner Review Board Illinois 2022-12-02 Dismissed Response WaivedIFP criminal-procedure exclusionary-rule grand-jury grand-jury-indictment jurisdiction jurisdictional-error privacy-protection statutory-rape video-privacy-protection-act void-judgment vppa-violation Gakuba's criminal indictment was void due to violation of the Video Privacy Protection Act
22-6201 In Re Arthur James Lomax 2022-12-01 Denied IFP 14th-amendment bill-of-rights civil-rights due-process federalism grand-jury indictment state-constitution statutory-interpretation subject-matter-jurisdiction uniformity-of-laws Whether the Colorado Constitution's requirement that all laws be enacted by the General Assembly is satisfied by the omission of the enacting clause f…
22-6171 Leihinahina Sullivan v. United States District Court for the District of Hawaii Ninth Circuit 2022-11-30 Dismissed IFP civil-rights constitutional-rights criminal-procedure due-process evidence-suppression government-misconduct grand-jury grand-jury-subpoena prosecutorial-misconduct subpoenas Whether the United States District Court for the District of Hawaii sanctioned the abuse of process and violation of the Petitioner's Fifth Amendment …
22-433 The Lawyers' Committee for 9/11 Inquiry, Inc., et al. v. Merrick B. Garland, Attorney General of the United States, et al. Second Circuit 2022-11-08 Denied Response Waived 11-Sep 9-11 article-iii article-iii-standing civil-rights constitutional-rights due-process federal-circuits federal-courts first-amendment grand-jury judicial-remedies standing Did the United States Court of Appeals for the Second Circuit Act Contrary to the Constitution and in Conflict with Decisions of the Supreme Court Whe…
22-5976 Ricky Pendleton v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2022-11-04 Dismissed Response WaivedIFP constructive-amendment criminal-procedure double-jeopardy fifth-amendment grand-jury ineffective-assistance-of-counsel ineffective-counsel jurisdiction malicious-assault robbery sixth-amendment Question not identified
22-5980 Arius Hopkins v. United States Second Circuit 2022-11-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial federal-rules-of-evidence grand-jury rule-404(b) trial-fairness Whether the admission of evidence of prior alleged conduct similar to the crime on trial and dismissed by a grand jury, which was noticed for one purp…
22-5921 Antwoyn Terrell Spencer v. United States District Court for the District of Minnesota Eighth Circuit 2022-10-26 Dismissed Response WaivedIFP civil-rights criminal-procedure criminal-proceeding due-process grand-jury indictment mandamus personal-jurisdiction standing subject-matter-jurisdiction Whether the district court lacked subject-matter and personal jurisdiction in the petitioner's criminal proceedings
22-5785 Robert Alan Fratta v. Texas Texas 2022-10-07 Denied IFP attorney-neglect constitutional-compliance criminal-procedure grand-jury habeas-corpus indictment pro-se state-courts state-procedure supreme-court-precedent Whether state courts are required to accept and rule on the merits of claims presented in writs of habeas corpus by prisoners who dismiss their attorn…
22-222 Abelino "Abel" Reyna, et al. v. John Wilson, et al. Fifth Circuit 2022-09-12 Denied Response Waived 42-usc-1983 criminal-procedure due-process franks-rule franks-v-delaware grand-jury judicial-procedure probable-cause search-warrant section-1983 Whether Franks authorizes federal courts to disregard a finding of probable cause made by a properly constituted state grand jury
22-224 Brent Stroman, et al. v. John Wilson, et al. Fifth Circuit 2022-09-12 Denied Response Waived 42-usc-1983 civil-rights false-arrest franks-v-delaware franks-violation grand-jury law-enforcement pleading-standards qualified-immunity section-1983 Questions Presented
22-5496 Vance L. White v. Texas Texas 2022-09-01 Denied IFP court-modification criminal-procedure grand-jury indictment-elements ineffective-assistance-of-counsel judicial-discretion plea-bargaining plea-colloquy sentencing statutory-maximum Can the Judge modify the essential elements of the indictment?
22-5352 Travis Thomas, Jr. v. United States Fifth Circuit 2022-08-15 Denied Response WaivedIFP 5th-amendment criminal-procedure factual-description factual-distinction fifth-amendment grand-jury grand-jury-clause indictment-modification prescription-drug required-element trial-amendment Does the Fifth Amendment's Grand Jury Clause prohibit a trial amendment altering a factually distinct description of a required element?
22-5052 Fox Joseph Salerno v. Arizona Arizona 2022-07-08 Denied Response WaivedIFP 5th-amendment apprendi-rule constitutional-rights criminal-procedure due-process fifth-amendment grand-jury incorporation precedent subject-matter-jurisdiction Should the U.S. Constitutional Fifth Amendment requiring indictments be applied to the States, thereby overturning precedence from 1884; Hurtado v. Ca…
21-8254 Bryant Calloway v. United States Third Circuit 2022-06-28 Denied Response WaivedIFP due-process grand-jury guilty-verdict judicial-review material-perjury perjury petit-jury precedent structural-error Whether material perjury before the grand jury should be considered structural error not cured by a guilty verdict
21-1562 Jermel Leon Reed v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2022-06-14 Denied Response Waived 14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment grand-jury grand-jury-indictment ineffective-assistance-of-counsel sixth-amendment Was Reed's right to a grand jury indictment secured by the Fourteenth and Fifth Amendment to the United States Constitution violated when Reed was not…
21-7985 Freddie Glover v. Florida Florida 2022-05-27 Denied Response WaivedIFP appeal capital-crime constitutional-rights criminal-procedure due-process grand-jury information-charging notice opportunity-to-be-heard state-counsel subject-matter Whether Glover's Due Process Rights were violated by not allowing him opportunity to respond to State Counsel Answer Brief prior to the court making a…
21-7858 Larry Lewis v. Mississippi Fifth Circuit 2022-05-12 Denied Response WaivedRelisted (2)IFP 14th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence-sufficiency grand-jury indictment ineffective-assistance-of-counsel jury-instructions Whether the indictment was defective in count 1 and 2 under state law, whether the indictment failed to specify the date and place of the alleged crim…
21-7806 Mike Webb v. United States District Court for the Eastern District of Virginia Fourth Circuit 2022-05-09 Denied Relisted (2)IFP covid-19 executive-privilege glomar-response grand-jury mandamus marbury-vs-madison public-interest supreme-court-rules Whether a writ of mandamus can compel the convening of a grand jury
21-7522 Jerry Wayne Phillips v. Martin Frink, Warden Sixth Circuit 2022-04-01 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ex-post-facto grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-selection sexual-battery standard-of-review Can convictions of aggravated-sexual-battery be sustained when the state-failed-to-prove-elements
21-1201 Michael D. Smith v. United States Sixth Circuit 2022-03-02 Denied Response Waived civil-rights criminal-procedure due-process grand-jury judicial-misconduct jurisdiction prosecutorial-misconduct Will the Eastern District of Kentucky be allowed to ignore our federal laws,Constitution and Bill of Rights and have a 5 week, mock trial on innocent …
21-7202 In Re Mohammed Kwaning 2022-02-24 Denied IFP civil-rights constitutional-rights district-court-jurisdiction due-process federal-procedure grand-jury habeas-corpus prosecutorial-misconduct unlawful-imprisonment Whether petitioner is entitled to immediate discharge where the United States District Court tried and imprisoned petitioner for infamous crimes witho…
21-7119 Victor Carlos Castano v. United States Sixth Circuit 2022-02-15 Denied IFP burden-of-proof criminal-procedure enterprise fifth-amendment grand-jury jury-instructions proffer-agreement rico-conspiracy sentencing sentencing-enhancement Whether the government was impermissibly relieved of its burden to prove each element of RICO Conspiracy
21-6948 Robert Earl Ramseur v. United States Fifth Circuit 2022-01-25 Denied Response WaivedIFP 8th-amendment criminal-procedure double-jeopardy due-process grand-jury indictment prosecutorial-vindictiveness self-surrender sentencing superseding-indictment Is it prosecutorial vindictiveness to have a superseding indictment after completion of the trial proceedings and sentencing-without resubmission to t…
21-6910 Juan Manuel Cruzado-Laureano v. W. Stephen Muldrow First Circuit 2022-01-20 Denied Response WaivedRelisted (2)IFP abuse-of-discretion attorney-for-government attorney-for-the-government criminal-procedure federal-criminal-procedure grand-jury grand-jury-procedure indictment indictment-validity judicial-discretion mandamus mandamus-petition Questions Presented for Court Review
21-6718 Gregory Chester and William Ford v. United States Seventh Circuit 2021-12-23 Denied Response WaivedIFP apprendi apprendi-doctrine conspiracy-sentencing criminal-procedure grand-jury indictment presentment-clause sentencing statutory-sentencing superseding-indictment Whether the Presentment Clause requires grand jury special findings to justify increased statutory sentencing range
21-899 Lauren Rosecan v. United States Eleventh Circuit 2021-12-17 Denied Response Waived collateral-order-doctrine criminal-information criminal-procedure due-process felony grand-jury grand-jury-clause interlocutory-appeal jurisdictional-defect pretrial-motion Whether the denial of a pretrial motion to dismiss a criminal information that charges, in violation of the Grand Jury Clause, felony offenses without…
21-892 Micah James Patterson v. Virginia Virginia 2021-12-16 Denied Response Waived appellate-jurisdiction constitution constitutional-amendment criminal-procedure double-jeopardy due-process fifth-amendment grand-jury judicial-authority Does any court have the authority to amend the United States Constitution by fiat and extinguish a defendant's Fifth Amendment rights?
21-851 Richa Narang v. United States Fourth Circuit 2021-12-08 Denied burden-of-proof criminal-procedure due-process grand-jury indictment jurisdiction mens-rea reinstatement statute Whether a district court has jurisdiction to try a defendant upon a finally dismissed indictment
21-6222 Marc E. Bercoon v. United States Eleventh Circuit 2021-11-09 Denied IFP bank-of-nova-scotia-v-us chapman-v-california constitutional-rights due-process fifth-amendment grand-jury harmless-error judicial-review prosecutorial-misconduct Whether Feritiener's rights were violated
21-6137 Vassily Anthony Thompson v. United States Ninth Circuit 2021-11-01 Denied Response WaivedIFP constitutional-law criminal-procedure due-process fifth-amendment grand-jury indictment sentencing Does it offend the Fifth Amendment right to a grand jury for a court to ignore legally relevant elements of an offense charged by a grand jury in an i…
21-580 Vitaly Korchevsky v. United States, et al. Second Circuit 2021-10-20 Denied Response Waived criminal-indictment criminal-procedure due-process evidence grand-jury grand-jury-clause insider-trading material-nonpublic-information securities-exchange-act securities-fraud stock-trading Whether the evidence at trial so dramatically changed the type, number, and scope of the specifically alleged trades that the defendant was denied his…
21-5997 Jeremiah Ybarra v. United States Fifth Circuit 2021-10-19 Denied Response WaivedIFP criminal-procedure drug-statute due-process effective-counsel fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct sixth-amendment Whether appellant was denied his Fifth Amendment right to a grand jury presentment or indictment
21-5756 Gettus Leroy Mintz v. Arizona Arizona 2021-09-22 Denied IFP civil-rights confrontation-clause criminal-procedure dna-testing due-process equal-protection false-testimony forensic-evidence grand-jury sixth-amendment witness-testimony Whether the State of Arizona violated the Petitioners' 5th and 14th Amendment rights to due process and equal protection when it used false testimony …
21-5669 Thomas Woods v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2021-09-14 Denied Response WaivedIFP 5th-amendment adversarial-system compelled-testimony constitutional-rights criminal-trial due-process fifth-amendment grand-jury racial-disparities self-incrimination Where a target of a grand jury investigation is compelled under threat of the pains and penalties of the law to appear to testify at the grand jury an…
21-5370 Martha Aguirre v. United States Second Circuit 2021-08-16 Denied Response WaivedIFP due-process government-misconduct grand-jury material-misrepresentation material-testimony narcotics-conspiracy perjury prosecutorial-misconduct witness-testimony Whether the Due Process Clause is violated when the only witness for the Government linking the appellant to a narcotics conspiracy commits perjury in…
21-5252 Jason Robert Twardzik v. North Carolina Fourth Circuit 2021-07-29 Denied IFP civil-rights constitutional-violation due-process grand-jury habeas-corpus mental-competency pretrial-detention state-harassment Is it state harassment and is there potential for state harassment when a pretrial detainee cannot seek relief for insufficient grand jury minutes bec…
20-8344 Harry Sharod James v. Tom Brickhouse, et al. Fourth Circuit 2021-06-17 Denied IFP criminal-procedure due-process equal-protection evidence-admissibility ex-post-facto grand-jury impartial-jury indictment judicial-discretion trial-rights Does the Due Process Clause require any charging element being in the indictment and presented to a Grand Jury?
20-8165 Mitchell N. Nicholas v. Territory of the Virgin Islands Third Circuit 2021-05-28 Denied Response WaivedIFP circuit-court civil-rights constitutional-rights due-process exclusionary-rule federal-investigation fourth-amendment grand-jury miscarriage-of-justice standing unreasonable-searches Whether the federal courts have jurisdiction to issue grand jury subpoenas when the petitioner was never the subject of a federal investigation
20-8067 In Re Jeremiah Ybarra 2021-05-18 Denied IFP constitutional-rights conviction due-process fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct Is an American citizen's Fifth Amendment violated when his case is not presented to a grand jury to gain an indictment on the alleged offense?
20-7991 Bulmaro Contreras-Figueroa, aka Israel Contreras v. United States Ninth Circuit 2021-05-11 Denied Response WaivedIFP 5th-amendment conspiracy controlled-substances criminal-procedure due-process fifth-amendment grand-jury sentencing statutory-interpretation Is the Fifth Amendment right to a grand jury violated when a defendant is sentenced for a conspiracy offense that exceeds the maximum penalty for the …
20-7738 Elmer W. Grant, Jr. v. United States District of Columbia 2021-04-14 Denied Response WaivedIFP 5th-amendment-14th-amendment constitutional-amendments criminal-procedure due-process grand-jury grand-jury-selection judicial-precedent jurisdiction precedent subject-matter-jurisdiction Validity-of-indictment-with-foreman-signature-only
20-7668 Mary Jo Weidrick v. Joseph R. Biden, Jr., President of the United States, et al. District of Columbia 2021-04-06 Denied Response WaivedIFP attorney-conference civil-procedure civil-rights constitutional-rights court-dismissal due-process grand-jury legal-complaint republic standing terrorism terrorism-allegation Whether the facts alleged in the complaint are true and nonfrivolous
20-7638 Cesar Gomez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-04-01 Denied IFP constitutional-amendment constitutional-rights due-process fair-trial grand-jury harmless-error indictment-amendment prosecutorial-misconduct Whether the district court applied the harmless-error review in an 'objectively unreasonable' manner
20-7603 In Re Bruce Allen Rutherford 2021-03-30 Denied Response WaivedIFP constitutional-rights discovery due-process grand-jury habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-delay prosecutorial-misconduct section-2255-motion Unreasonable delay in ruling on 28 U.S.C. §2255 motion
20-7567 Brent Douglas Cole v. United States Ninth Circuit 2021-03-25 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights criminal-procedure due-process exigent-circumstances grand-jury habeas-corpus judicial-procedure legal-rights search-and-seizure standing Whether the Fourth Amendment requires a warrant for a warrantless search of a person's home based on exigent circumstances when the person is not pres…
20-7330 James Marcus Lloyd, III v. J. Hutchinson, Warden Fourth Circuit 2021-03-05 Denied IFP 922(g) actual-innocence constitutional-rights criminal-procedure due-process grand-jury ineffective-assistance rehaif right-to-trial structural-error whether-petitioner's-constitutional-right-to-due-process-was-denied
20-1127 Joseph Louis Paduano v. Virginia Virginia 2021-02-17 Denied Response Waived 14th-amendment constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment grand-jury incorporation state-courts state-criminal-proceedings Should Hurtado v. California be overruled?
20-7166 Charles J. Jordan v. United States District of Columbia 2021-02-17 Denied Response WaivedIFP civil-rights court-jurisdiction criminal-procedure due-process equal-protection grand-jury grand-jury-selection judicial-review jurisdiction Whether the D.C. Court of Appeals is interpreting D.C. Code § 11-947 correctly when it is allowing the D.C. Superior Court to modify Federal Rule and …
20-7133 Anthony Reed v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2021-02-12 Denied Response WaivedIFP civil-rights constitutional-amendment criminal-procedure due-process fourteenth-amendment grand-jury habeas-corpus prosecutorial-discretion structural-defects Whether the Arkansas Constitutional Amendment No. 21 violates the Fourteenth Amendment's due process clause by allowing prosecution by information rat…
20-7059 Glen Thomas Dotson v. Dewayne Hendrix, Warden Eighth Circuit 2021-02-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial fifth-amendment grand-jury prosecutorial-misconduct right-against-self-incrimination witness-testimony Was the petitioner deprived of a fair trial due to prosecutorial misconduct?
20-7064 Justin Lee Perry v. North Carolina North Carolina 2021-02-05 Denied Response WaivedIFP constitutional-amendment due-process felony felony-charge fourteenth-amendment grand-jury indictment sixth-amendment trial-modification Does the N.C. Supreme Court decision conflict with Plye# v. Doe, Ex-Parte Bain v. U.S., U.S. v. Gaudin and the fifth, sixth, and fourteenth amendment …
20-7019 Kourtney Williams v. United States First Circuit 2021-02-03 Denied Relisted (2)IFP appellate-review criminal-procedure due-process grand-jury jury-finding mens-rea petit-jury plain-error Does Fed. R. Crim. P. 52(b) grant an appellate court discretion to independently find an essential element of an offense for which the defendant was n…
20-6522 Ricky Vincent Pendleton v. Terry C. Hamrick, et al. West Virginia 2020-12-03 Denied IFP access-to-courts appeal appeal-preparation constitutional-rights court-reporter due-process grand-jury grand-jury-transcripts indigent-prisoner transcripts Whether indigent prisoner's constitutional rights were violated by court reporter's denying him access to the grand jury transcripts requested to prep…
20-6227 Cameron Battiste v. United States Seventh Circuit 2020-11-05 Denied Relisted (2)IFP criminal-procedure due-process fifth-amendment grand-jury plain-error-review sixth-amendment Whether a defective indictment that omits an element of the charged offense deprives the defendant of Fifth and Sixth Amendment rights
20-6163 Angelique Bankston v. United States Sixth Circuit 2020-10-29 Denied Response WaivedIFP brady-violation civil-rights constitutional-rights due-process exculpatory-evidence grand-jury ineffective-assistance-of-counsel law-enforcement material-omissions professional-misconduct sixth-amendment Whether the government fabricated probable cause and made material omissions in the affidavit, violating the Fourth Amendment
20-5898 Roy Eugene Ussery v. Texas Texas 2020-10-02 Denied IFP barker-test barker-v-wingo constitutional-rights defense-theory extraneous-offense-evidence grand-jury ineffective-assistance-of-counsel ineffective-counsel prejudice speedy-trial witness-prejudice When the deceased witness was erroneously considered a witness for the State, despite being a defense witness, did this affect the prejudice factor in…
20-5844 Horacio Santamaria, Jr. v. United States Fifth Circuit 2020-09-30 Denied Response WaivedIFP constitutional-error constitutional-rights due-process grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice prosecutorial-misconduct Whether the government's unavailing defense of the indefensible with respect to the indictment, inadequate jury instructions, prosecutorial misconduct…
20-401 Devan Pierson v. United States Seventh Circuit 2020-09-28 Denied circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury grand-jury-clause plain-error prejudice rule-52b substantial-rights What test should be used to determine prejudice from a constructive amendment under Rule 52(b)?
20-5815 In Re Seth John Wilcox 2020-09-25 Denied Response WaivedIFP civil-rights constitutional-provisions criminal-procedure due-process federalism fundamental-rights grand-jury hurtado-v-california supremacy-clause Can a state create and enforce contrary law that deprives its citizens of their fundamental rights, guaranteed by the United States Constitution?
20-5709 Rickey Cole v. United States Fifth Circuit 2020-09-15 Denied Response WaivedIFP and proven to a jury beyond a reasonable doubt? placed in the indictment burden-of-proof constitutional-law criminal-procedure due-process federal-sentencing grand-jury indictment jury-trial sentencing sentencing-guidelines Whether facts that affect the minimum or maximum reasonable federal sentence must be found by a grand jury, placed in the indictment, and proven to a …
20-5540 Ugunda Giovanni Sanders v. United States Sixth Circuit 2020-08-31 Denied Response WaivedIFP conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct Did the Government violate Sanders's rights under the Fifth Amendment to have a grand jury consider the charge and to have the Government honor its im…
20-5329 Douglas Dean Scyphers v. Washington Ninth Circuit 2020-08-12 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-interpretation due-process equal-protection grand-jury indictment indictment-procedure statutory-conflict vagueness Question not identified
20-5287 In Re Eddie Allen Jackson 2020-08-06 Denied IFP constructive-amendment criminal-procedure due-process fifth-amendment grand-jury indictment indictment-modification judicial-error Whether the district court constructively amended the indictment in petitioner's case and if so does it rise to a Fifth Amendment violation?
19-8642 Christopher Davis v. United States Seventh Circuit 2020-06-09 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence-sufficiency false-evidence grand-jury police-misconduct robbery-identification standing suppression-hearing Why was I denied the right to subpoena Indianapolis Metro Detectives to refute their falsified record to the Grand Jury?
19-1328 Department of Justice v. House Committee on the Judiciary District of Columbia 2020-06-01 Judgment Issued Amici (1)Relisted (2) criminal-procedure federal-rules federal-rules-of-criminal-procedure grand-jury impeachment impeachment-trial judicial-proceeding legislative-body rule-6(e) rule-interpretation Whether an impeachment trial before a legislative body is a 'judicial proceeding' under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure
19-8576 Franklin Mackensie Robinson v. United States Fourth Circuit 2020-06-01 Denied Response WaivedIFP administrative-record court-of-appeals criminal-case criminal-procedure federal-grand-jury federal-jurisdiction grand-jury jurisdiction jurisdictional-challenge statutory-compliance title-40-usc-s-255 Is the Petitioner entitled to review the Administrative Record?
19-8535 Courtney Rashon Johnson v. United States Eleventh Circuit 2020-05-23 Denied Response WaivedIFP civil-rights constitutional-violations criminal-procedure due-process eleventh-circuit federal-review grand-jury habeas-corpus plea-bargaining standing Whether a defendant who pleaded guilty can seek relief from his conviction on the basis that the government failed to instruct the grand jury on an es…
19-8331 Jose A. Rodriguez v. Thomas Griffin, Superintendent, Green Haven Correctional Facility Second Circuit 2020-04-22 Denied IFP constitutional-error constructive-amendment criminal-procedure due-process felony-offense grand-jury indictment ineffective-assistance penal-law right-to-counsel Whether the State Court constructively amended the indictment
19-8182 Edward Paul Moss v. Arizona Arizona 2020-04-03 Denied IFP constitutional-law constitutional-rights conviction-review criminal-procedure due-process grand-jury judicial-discretion sentencing statutory-interpretation Whether the presumptive inference under Arizona law for any felony for which the Petitioner was convicted is unconstitutional
19-8051 Jack Benjamin Hessiani v. United States Ninth Circuit 2020-03-20 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment grand-jury indictment indictment-defect jurisdictional-challenge mens-rea sixth-amendment Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential element of the offense
19-7488 Donnie Cleveland Lance v. Benjamin Ford, Warden Georgia 2020-01-29 Denied IFP capital-punishment constitutional-rights criminal-procedure death-penalty due-process equal-protection fourteenth-amendment grand-jury grand-jury-selection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Was petitioner denied his rights under the Sixth, Eighth, and Fourteenth Amendments when he was sentenced to death following his indictment by a non-r…
19-7435 In Re Robert N. Brooks 2020-01-27 Denied Response WaivedIFP due-process due-process-clause fdic-insured fifth-amendment grand-jury grand-jury-clause indictment indictment-clause notice-clause sixth-amendment subject-matter-jurisdiction whether-a-manifest-miscarriage-of-justice-occurred
19-7348 Raymond Alston, aka Raymond Austin v. New York New York 2020-01-21 Denied IFP appellate-jurisdiction civil-procedure constitutional-review criminal-procedure double-jeopardy due-process grand-jury indictment judicial-discretion malicious-prosecution sentencing-standards standing Whether the lower court erred in dismissing the petitioner's claims related to due process, double jeopardy, and malicious prosecution
19-7330 Michael P. Haldorson v. United States Seventh Circuit 2020-01-17 Denied Response WaivedIFP 18-usc-844h2 constructive-amendment criminal-procedure due-process grand-jury indictment statutory-interpretation stirone-v-united-states Whether a conviction under 18 U.S.C. § 844(h)(2) for carrying an 'explosive, namely, smokeless powder' can be based on the prosecution's argument that…
19-7254 John Garrett Smith v. Washington Washington 2020-01-13 Dismissed IFP criminal-procedure due-process fifth-amendment grand-jury indictment jury-trial martial-law military-justice sixth-amendment Whether the absence of a grand jury indictment violates due process and the right to a jury trial under the Fifth and Sixth Amendments
19-6960 Ulriste Tulin v. United States Fourth Circuit 2019-12-16 Denied Response WaivedIFP actual-innocence constitutional-rights due-process equal-protection fifth-amendment fourteenth-amendment grand-jury indictment jury-instruction Does an inaccurate Jury Instruction on the content of the indictment violate due process of law?
19-772 Albert Diaz v. United States Fifth Circuit 2019-12-16 Denied Response Waived criminal-investigation criminal-procedure due-process formal-charges grand-jury pre-indictment prosecutorial-discretion right-to-counsel sixth-amendment target target-designation Whether the Sixth Amendment right to counsel attaches before formal charges are filed
19-6502 Cory Dale Fields v. United States Fifth Circuit 2019-11-06 Denied IFP criminal-procedure due-process federal-district-court federal-sentencing grand-jury no-bill prior-conduct reliability reliability-of-evidence reliability-standard sentencing sentencing-considerations uncharged-conduct Is alleged prior uncharged conduct that had been no-billed by a Grand Jury sufficiently reliable for a federal district court to consider at sentencin…
19-6532 Pedro J. Amaro v. Hector Balderas, Attorney General of New Mexico, et al. Tenth Circuit 2019-11-06 Denied Relisted (2)IFP civil-rights class-action constitutional-claims due-process equal-protection grand-jury habeas-corpus judicial-discretion jurisdiction procedural-grounds Whether the lower courts prejudicially abused their discretion in denying both COA and the Rehearing request to review the district court's summary di…
19-433 Patrick Emanuel Sutherland v. United States Fourth Circuit 2019-10-02 Denied 18-usc-1512 false-statements grand-jury nexus-requirement obstruction-of-justice obstruction-of-justice-18-usc-1512-c-2 plain-error plain-error-review prosecutorial-misconduct When does the 'nexus' requirement for obstruction of an official proceeding under 18 U.S.C. § 1512(c)(2) apply when false statements are made to a U.S…
19-6135 Kelvin Townsend v. United States Eleventh Circuit 2019-10-02 Denied Response WaivedIFP criminal-procedure due-process freedom-of-information government-transparency grand-jury indictment judicial-oversight sealed-records standing Is the government required to obtain a court order from the court to unseal a sealed criminal indictment?
19-364 Dwayne Lamar Williams, Sr. v. Virginia Virginia 2019-09-19 Denied Response Waived 14th-amendment 5th-amendment constitutional-law criminal-procedure due-process fifth-amendment fourteenth-amendment grand-jury incorporation jurisdiction state-criminal-procedure state-indictment Does the Fifth Amendment grand jury right apply to state indictments via the Fourteenth Amendment?
19-5878 Darries Leon Jackson v. United States Sixth Circuit 2019-09-10 Denied Response WaivedIFP constitutional-reasonableness criminal-justice criminal-procedure cruel-and-unusual-punishment due-process equal-protection grand-jury ineffective-assistance-of-counsel racial-bias racial-discrimination sentencing sentencing-guidelines Whether sentences imposed upon Petitioner are unconstitutionally unreasonable or greater than necessary to satisfy the ends of justice
19-307 Stuart A. McKeever v. William P. Barr, Attorney General District of Columbia 2019-09-05 Denied Amici (1)Relisted (2) disclosure district-court-authority grand-jury grand-jury-secrecy historical-significance historically-significant inherent-authority judicial-discretion public-interest rule-6(e) rule-6e Whether district courts have inherent authority to release grand jury materials in extraordinary circumstances
19-5635 Shango Jaja Greer v. United States Ninth Circuit 2019-08-19 Denied Response WaivedIFP brady-violation due-process grand-jury ineffective-assistance prosecutorial-misconduct sixth-amendment sufficiency-of-evidence Did the District Court improperly condone the prosecutor's profligate misconduct?
19-5639 Kirby D. Crawford v. Georgia Georgia 2019-08-19 Denied IFP civil-rights criminal-procedure deprivation-of-rights due-process evidence-of-proof evidentiary-standards fair-trial grand-jury indictment judicial-error legal-procedure petitioner standing trial-court Whether the trial court erred in charging my client with crimes not assessed by the grand jury prior to the trial
19-5510 Maurice Patrick Fortune, III v. Virginia Fourth Circuit 2019-08-08 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process felony-prosecution grand-jury indictment magistrate-warrant sentencing substantive-due-process Whether a fatico hearing or sentencing hearing can substitute for the qualifications of a formal trial
19-5423 Antonio Rashawne Carr v. Texas Texas 2019-08-01 Denied IFP appeal arraignment arraignment-hearing criminal-procedure due-process grand-jury grandjury-indictment indictment ineffective-assistance-of-counsel sexual-assault Whether the court of appeals erred in affirming the trial court's judgment that this was an actual arraignment/indictment proceeding rather than a tri…
19-5333 Charles York Walker, Jr. v. United States Fourth Circuit 2019-07-25 GVR IFP abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 Whether a district court abuses its discretion in rejecting plea agreements based on policy disagreements
19-5344 Felix Adriano Chujoy, aka Felix Chujoy Alvarado v. United States Fourth Circuit 2019-07-25 Denied Response WaivedIFP corrupt-intent criminal-procedure false-testimony grand-jury human-trafficking immigration-violations intent plea-bargain plea-bargaining statutory-interpretation witness-tampering witness-tampering-18-usc-1512(b)(1) Witness-tampering
19-5240 James Butler v. United States District Court for the Eastern District of Michigan Sixth Circuit 2019-07-18 Dismissed Response WaivedIFP abuse-of-discretion actual-innocence civil-procedure civil-rights civil-rights-act district-court-discretion due-process equity equity-jurisdiction fraud-on-the-court government-misconduct grand-jury rule-6(e) rule-6e-violation Did the district court abuse its discretion when it filed suit in equity under civil law docket
19-95 Linda Bolton, et vir v. United States Fifth Circuit 2019-07-18 Denied Response Waived civil-rights constitutional-rights criminal-procedure due-process fifth-amendment government-misconduct grand-jury judicial-precedent perjured-testimony tax tax-prosecution Whether tax prosecutions can be authorized by the IRS Commissioner instead of the Department of Justice
19-5034 Leland Dudley v. Illinois Illinois 2019-07-02 Denied IFP ' 'civil-rights" ' 'criminal-procedure" ' 'due-process" ' 'police-misconduct" ' 'post-conviction' ' 'sentencing" civil-rights constitutional-rights criminal-procedure due-process evidence-review grand-jury judicial-review police-misconduct post-conviction-relief sentencing wrongful-conviction Was the petition (by) the state's attorney's office denied by the lower court, and did the lower court err in denying the petition to vacate the convi…
18-1581 Michael Lowry, Robert Mulgrew, and Thomasine Tynes v. United States Third Circuit 2019-06-26 Denied 18-usc-1623 ambiguous-questioning ambiguous-questions bronston-rule bronston-v-united-states false-declaration false-statements grand-jury grand-jury-testimony literal-truth perjury perjury-statute prosecutorial-questioning statutory-interpretation Responses to fundamentally ambiguous questions or literally truthful answers to unambiguous questions can constitute false declarations before a feder…
18-9617 Randolph Harris Austin v. United States Fourth Circuit 2019-06-11 Denied Response WaivedIFP cocaine cocaine-base constitutional-rights constitutional-safeguards democratic-constraints due-process grand-jury grand-jury-indictment indictment jury-instructions procedural-rights procedural-safeguards Whether the grand jury's indictment for cocaine base and the jury's instruction that it did not matter whether it was cocaine base or cocaine, which r…
18-9625 Lawton Frederick Tyson v. Texas Texas 2019-06-11 Denied Relisted (2)IFP constitutional-rights due-process equal-protection fair-trial grand-jury habeas-corpus jurisdiction prosecutorial-misconduct Were petitioner's due process & equal protection rights violated when trial court lacked proper jurisdiction?
18-1522 Doe v. United States Ninth Circuit 2019-06-10 Denied Relisted (2) adverse-spousal-testimony adverse-testimony compelled-testimony criminal-investigation document-authentication document-compulsion document-production fifth-amendment grand-jury spousal-privilege witness-testimony Whether a grand jury witness may invoke the privilege against adverse spousal testimony where the target of the grand jury investigation is the witnes…
18-9369 Wade Travis Webb v. County of Pima, Arizona, et al. Ninth Circuit 2019-05-21 Denied Relisted (2)IFP citizen-rights civil-rights constitutional-violations criminal-procedure due-process government-accountability grand-jury grand-jury-system legal-accountability prosecutorial-misconduct standing Whether the grand jury system is inherently flawed by allowing the government to damage citizens without consequences for constitutional violations
18-9220 Earl C. Handfield, II v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2019-05-10 Denied IFP 5th-amendment civil-rights constitutional-provisions due-process fifth-amendment grand-jury immunity legitimate-source self-incrimination use-immunity witness witness-rights Who or what is a 'legitimate source' under use immunity?
18-9178 Matthew Oliver Alford v. Erik A. Hooks, Secretary, North Carolina Department of Safety, et al. Fourth Circuit 2019-05-08 Denied Response WaivedIFP civil-procedure civil-rights constitutional-review due-process equal-protection federal-jurisdiction grand-jury habeas-corpus indictment jurisdictional-constraints procedural-limitations standing state-court-conviction Did the district Court (WDNC) and the 4th Cir. Court violate petitioner's right to access a federal court & right to due process by applying the wrong…
18-9108 Milton Mitchell v. Glen Johnson, Warden Eleventh Circuit 2019-05-03 Denied IFP appellate-procedure constitutional-rights criminal-procedure due-process due-process-of-law equal-protection equal-protection-of-law grand-jury guilty-plea habeas-corpus indictments ineffective-assistance Whether the lower courts erred in failing to order the respondent to show cause and provide indictments, trial transcripts, habeas corpus, and all pro…
18-9134 Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-03 Denied Relisted (2)IFP amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony Whether the medical records were improperly excluded from evidence
18-9094 Marty J. Hebert v. Louisiana Fifth Circuit 2019-05-02 Denied Response WaivedIFP autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment Has the State of Louisiana committed Constitutional Error in its refusal to Order production of Dr. Laga's grand jury testimony to petitioner?
18-9030 Juan Reyes Rivera v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-29 Denied IFP confrontation-rights constructive-amendment due-process fifth-amendment grand-jury grand-jury-clause indictment ineffective-assistance Did trial counsel render ineffective assistance for failure to quash or dismiss Constructive, Amended Indictment, amended by the court on third day af…
18-8999 Mark Richard Hillstrom v. United States Eleventh Circuit 2019-04-25 Denied Response WaivedIFP criminal-law criminal-threat due-process elonis-standard elonis-v-united-states grand-jury harmless-error indictment intent mens-rea mental-state statutory-interpretation Whether the government must prove a defendant knowingly intends his communications to be a threat
18-8720 Rodney Reep v. Department of Justice, et al. District of Columbia 2019-04-09 Denied Response WaivedIFP agency-records agency-referrals civil-procedure exemption-7(c) exemption-interpretation foia foia-request government-disclosure government-misconduct grand-jury improper-conduct judicial-procedure statute-of-limitations Does 28 U.S.C. §2401(a) apply to FOIA?
18-8581 Robert Nicholas Brooks v. United States Fifth Circuit 2019-03-27 Denied Response WaivedIFP bank-fraud commerce-clause constitutional-rights due-process fifth-amendment grand-jury grand-jury-indictment sixth-amendment subject-matter-jurisdiction tax-fraud venue wire-fraud Whether the District and Appellate Courts violated Petitioner's Constitutional rights
18-8364 James D. Sullivan v. United States Sixth Circuit 2019-03-11 Denied Response WaivedIFP child-pornography criminal-procedure evidence-rule-414 evidentiary-hearing federal-rules-of-evidence grand-jury plea-agreement plea-withdrawal prosecutorial-discretion rule-104 rule-414 Whether the trial court must determine by a preponderance of evidence that the defendant engaged in child molestation conduct
18-8171 Omar Alarcon Fuentes, aka Omar Fuentes Alarcon, aka Omar Ramales Quintero v. United States Ninth Circuit 2019-02-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel false-testimony grand-jury grand-jury-testimony ineffective-assistance-of-counsel mistrial right-to-counsel uncorroborated-admission uncorroborated-extrajudicial-admission Whether petitioner's constitutional right to effective assistance of counsel was violated
18-7885 Christopher VanGuilder v. Daniel Martuscello, Superintendent, Coxsackie Correctional Facility Second Circuit 2019-02-11 Denied Response WaivedRelisted (2)IFP conflict-of-interest criminal-procedure due-process entrapment-defense grand-jury ineffective-assistance ineffective-assistance-of-counsel prejudicial-testimony right-to-counsel sixth-amendment supplemental-instructions supplemental-jury-instructions Whether United States District Second Circuit Court Of Appeals and or said Lower Court's Erred in Failing to grant Petitioner's Ineffective Assistance…
18-7461 In Re Brandon Lee 2019-01-16 Denied Relisted (2)IFP affirmative-proof civil-rights constitutional-law due-process federal-procedure grand-jury indictment judicial-review judicial-supervision legal-standing prosecutorial-misconduct Whether the Supreme Court should invoke its judicial supervision power to prescribe standards of prosecutorial conduct before the grand jury when affi…
18-7372 Santos Cuevas v. Brandon Kelly, Superintendent, Oregon State Prison Ninth Circuit 2019-01-11 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights criminal-procedure due-process free-speech grand-jury jurisdiction presumption-of-innocence standing Whether the district courts retained jurisdiction to entertain claims that the trial court directing a grand jury and judges to deliberate with statut…
18-7360 Peter Mathis, Jr. v. United States Sixth Circuit 2019-01-10 Denied Response WaivedRelisted (2)IFP appeals appellate-review circuit-court criminal-procedure double-jeopardy due-process final-judgment grand-jury insufficient-evidence sentencing sentencing-review statutory-interpretation Did Congress' enactment of 18 USC § 3742(a) allow for the review of an otherwise final sentence if a defendant could show a violation of law?
18-7305 William Hilts v. United States Second Circuit 2019-01-09 Denied Response WaivedIFP constitutional-rights criminal-indictment criminal-procedure due-process fifth-amendment grand-jury hearsay hearsay-testimony indictment witness-testimony Whether a criminal defendant's right to be prosecuted on an indictment voted by a Grand Jury under the Fifth Amendment is violated when the Grand Jury…
18-7121 Donald Higgs, aka Kyle Beachum v. New Jersey New Jersey 2018-12-19 Denied Response WaivedIFP civil-rights constitutional-rights due-process grand-jury habeas-corpus prosecutorial-misconduct standing statutory-elements Whether the state's failure to subpoena the victim to the grand jury and instead rely on fabricated police reports and officer testimony violated the …
18-6983 Sholam Weiss v. United States Eleventh Circuit 2018-12-11 Denied Response WaivedIFP and a Certificate of Appealability should have is where the government had committed itself to pros adversary-system adverse-positions certificate-of-appealability criminal-procedure due-process grand-jury prosecutorial-commitment prosecutorial-discretion right-to-counsel Whether Mr. Weiss was denied his right to conflict-free counsel during grand jury proceedings
18-6896 Jeffrey S. Wingate v. United States Sixth Circuit 2018-12-03 Denied Response WaivedIFP due-process fifth-amendment grand-jury ineffective-assistance ineffective-assistance-of-counsel presentment presentment-clause sentence-enhancement sentencing strickland strickland-standard uncharged-conduct Does a substantially greater sentence imposed based primarily on a count for which a grand jury refused to indict and which did not appear in a supers…
18-6841 Robert K. Stewart v. North Carolina North Carolina 2018-11-28 Denied Response WaivedRelisted (2)IFP civil-rights criminal-procedure due-process grand-jury indictment true-bill Whether the name of the defendant, the date of the sentences, and the time and county where the alleged offense was committed are material facts of an…
18-6800 Robert Ryan Powell v. United States Ninth Circuit 2018-11-26 Denied Response WaivedIFP constructive-amendment double-jeopardy fifth-amendment grand-jury indictment jury-instructions jury-unanimity plain-error sixth-amendment statute-of-limitations Where jury instructions lack the dates and timeframes specified in the indictment, do the jury instructions constructively amend the indictment, and t…
18-6744 Wesley Wayne Schaefer v. Lorie Davis, Director, Texas Department of Criminal Justice, Criminal Institutions Division Fifth Circuit 2018-11-20 Denied IFP consequences criminal-procedure de-novo-review double-jeopardy double-jeopardy,lesser-included-offense,state-law, due-process due-process,criminal-procedure,plea-bargaining,eff due-process,equal-protection,fourteenth-amendment, due-process,grand-jury,fifth-amendment,fourteenth- effective-assistance-of-counsel,plea-bargaining,du federal-courts,state-courts,de-novo-review,mixed-q grand-jury guilty-plea ineffective-assistance jury-unanimity plea-bargaining silent-record sixth-amendment,jury-trial,unanimous-verdict,due-p Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea?
18-6676 Herve Wilmore, Jr. v. United States Eleventh Circuit 2018-11-13 Denied Response WaivedRelisted (2)IFP constructive-amendment criminal-procedure due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment wire-fraud Whether Mr. Wilmore's right to be tried on charges accepted by a grand jury, and Mr. Wilmore's right to effective assistance of counsel, were violated…
18-6552 Thomas A. Woods v. Massachusetts Massachusetts 2018-11-02 Denied Response WaivedIFP compelled-testimony constitutional-rights due-process fifth-amendment fourteenth-amendment grand-jury self-incrimination self-incrimination-protection Do the Fifth and Fourteenth Amendments prohibit the government from introducing evidence of a defendant's grand jury testimony which was taken when th…
18-6536 Lewis Waters v. Charles L. Lockett, Warden District of Columbia 2018-11-01 Denied Response WaivedIFP appellate-jurisdiction constitutional-safeguard court-of-appeals criminal-procedure due-process fifth-amendment grand-jury habeas-corpus jurisdiction unindicted-crime Where the Fifth Amendment guarantees that no person shall be held to answer for a crime unless upon presentment of a Grand Jury's indictment, does the…
18-6316 Willie Gene Wilks, Jr. v. Ohio Ohio 2018-10-15 Denied IFP burden-of-proof due-process false-testimony grand-jury indictment jury-instructions plain-error-review prosecutor prosecutorial-misconduct structural-error Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceeding…
18-6283 Brent Douglas Cole v. United States Ninth Circuit 2018-10-10 Denied Response WaivedIFP constitutional-safeguards fifth-amendment grand-jury individual-rights liberty prosecutorial-interference prosecutorial-misconduct separation-of-powers structural-error structural-protections Whether the indictment in this case should have been dismissed because the structural protections of the grand jury designed to safeguard individual r…
18-6065 In Re Eric M. Richardson 2018-09-24 Dismissed Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process fifth-amendment grand-jury habeas-corpus judicial-procedure pro-se-petition sentencing standing Whether the petitioner's conviction and sentence violated his Fifth Amendment right to be tried only on an offense made out in a presentment or indict…
18-6034 In Re Gregory Wayne Burwell 2018-09-19 Denied Response WaivedIFP criminal-procedure federal-grand-jury federal-rules-of-criminal-procedure fifth-amendment firearm-offenses forged-indictment grand-jury indictment-validity non-existent-crimes non-existent-offenses sentencing subject-matter-jurisdiction Whether the District Court and Fourth Circuit Court of Appeal's had subject matter jurisdiction over the criminal case
18-5183 Christopher M. Holmes v. United States Eighth Circuit 2018-07-10 Denied Response WaivedIFP court-security-officer due-process grand-jury ineffective-assistance-of-counsel plea-bargaining right-to-be-present right-to-confrontation right-to-counsel solitary-confinement standing testimony Whether the standard for ineffective assistance of counsel has been met when court-appointed trial counsel admits that she failed to confer with the c…