habitual-offender

33 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A694 Andrew Burgess Gregg v. Colorado Colorado 2025-12-15 Application apprendi-line criminal-procedure double-jeopardy habitual-offender sentencing-enhancement sixth-amendment Question not identified.
25A678 Thurmond McDonald v. Florida Florida 2025-12-09 Application constitutional-rights criminal-procedure habitual-offender jury-trial sentencing-enhancement sixth-amendment Question not identified.
25-5918 Tommie Lee Page, aka Tommie Page, aka Tommy Page v. Mississippi Mississippi 2025-10-20 Denied Response WaivedIFP crimes-of-violence criminal-procedure habitual-offender indictment-amendment sentencing-enhancement statutory-interpretation 1) Whether the Mississippi habitual offender amendment to Page's indictment was illegal and void since the motion to amend Page's indictment was not f…
25-5269 Michael D. Miller v. Florida Florida 2025-08-05 Denied Response WaivedIFP court-of-appeals due-process habitual-offender legal-violation sentencing statutory-interpretation Did the Fiesk Digkeict Court of Appeals Violate Ane Pet isioner's tight Yo due process of Vaw by Imposing a habitual oe , Sentence in violation of& sp…
24A84 Troy L. Fields v. Colorado Colorado 2024-07-26 Presumed Complete criminal-episodes habitual-offender jury-trial prior-convictions sentencing-enhancement sixth-amendment Whether the Sixth Amendment requires a jury, rather than a judge, to determine whether a defendant's prior convictions arose from separate criminal ep…
23A1014 Noel Bender v. Iowa Department of Corrections, et al. Eighth Circuit 2024-05-15 Presumed Complete criminal-conviction due-process federal-habeas habitual-offender ineffective-assistance sufficiency-of-evidence Whether the Due Process Clause requires reversal of a criminal conviction where the state court's adjudication was allegedly contrary to or involved a…
23A850 Benjamin F. Whiteman v. Kathy Jennings, Attorney General of Delaware, et al. Third Circuit 2024-03-20 Presumed Complete constitutional-challenge cruel-and-unusual due-process habitual-offender mandatory-minimum sentencing-statute Whether a state sentencing statute that mandates consecutive sentences for habitual offenders without judicial discretion violates due process and con…
23-6325 James E. Downs v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2023-12-21 Denied IFP civil-rights constitutional-rights criminal-procedure due-process equal-protection florida-statute habitual-offender sentencing sentencing-guidelines Whether petitioner's 14th Amendment right to equal protection and proportionality of sentence has been violated
23-6182 Joshua Anthony Peterman v. Mississippi Mississippi 2023-12-07 Denied Response WaivedIFP appeal criminal-procedure due-process habitual-offender indictment ineffective-assistance judicial-bias jury-indictment prosecutorial-bias sentencing speedy-trial Whether the trial court erred in amending the indictment, affecting trial and sentencing
23-5992 In Re John Bailey 2023-11-13 Denied Relisted (3)IFP constitutional-rights due-process equal-protection habitual-offender judicial-discretion jury-selection legal-interpretation sentencing state-law trial-procedure unconstitutional Question not identified
23-5608 George Butler v. Mississippi Mississippi 2023-09-19 Denied IFP civil-rights constitutional-violation criminal-procedure due-process habeas-corpus habitual-offender indictment ineffective-assistance-of-counsel ineffective-counsel intervening-decision sentencing-error Whether the conviction and/or sentence was in violation of the United States Constitution, Mississippi Constitution, and Laws of Mississippi
23-5571 Deon Jefferson Johnson v. Mike Brown, Warden Sixth Circuit 2023-09-13 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process fair-trial habeas-corpus habitual-offender jury-trial sentencing-guidelines Whether the petitioner was denied his constitutional rights to a fair and impartial jury trial, due process of law, and to be free from cruel and unus…
22-5882 Allen Calligan v. Frank Vanihel, Warden Seventh Circuit 2022-10-21 Denied Response WaivedIFP criminal-procedure habitual-offender ineffective-assistance ineffective-assistance-of-counsel informal-plea-offer plea-bargaining prejudice sentencing sixth-amendment Was Mr. Calligan's attorney ineffective for failing to inform him of the informal plea offer from the prosecutor, which prejudiced Mr. Calligan by cau…
22-5071 Daniel Toney v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-12 Denied IFP 14th-amendment 6th-amendment circumstantial-evidence due-process evidentiary-hearing fourteenth-amendment habitual-offender ineffective-assistance montgomery sixth-amendment Whether Petitioner's 6th and 14th Amendment rights to due process are being violated by denying claims based on assumption and not facts
20-7152 Brian Hook v. Indiana Indiana 2021-02-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea habitual-offender ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment Whether the petitioner was deprived of effective assistance of counsel in violation of the Fifth, Sixth, and Fourteenth Amendments
19-8302 Richard H. Morrison v. Florida Florida 2020-04-19 Denied IFP burden-of-proof due-process habitual-offender hearsay hearsay-evidence judicial-notice preponderance-of-evidence prison-release-reoffender sentencing-enhancement Is the state required to prove the defendant qualifies as a PRR by a preponderance of the evidence?
19-7883 Tyrone Harris, Sr. v. Arkansas Eighth Circuit 2020-03-05 Denied Response WaivedIFP criminal-law criminal-sentencing criminal-statute-conflict due-process habitual-offender judicial-review prejudice prejudice-standard sentencing statutory-interpretation Did the District Court err in deferring to the lower court's finding, that Mr. Harris was not prejudice during his guilty plea sentencing hearing
19-7284 Bobby Y. Wallace, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2020-01-14 Denied Amici (1)Response WaivedIFP aedpa aedpa-deference certificate-of-appealability criminal-sentencing cruel-and-unusual-punishment eighth-amendment federalism gross-disproportionality habitual-offender insufficient-evidence jackson-standard jackson-v-virginia judicial-review no-evidence proportionality-review sentencing state-court-decisions Could reasonable jurists debate whether the state court decision to affirm Petitioner's sentence is contrary to or an unreasonable application of the …
19-6539 Dwayne Dumont Haizlip v. Joseph Valliere Fourth Circuit 2019-11-07 Denied Response WaivedIFP civil-rights constitutional-challenge constitutional-law criminal-procedure drug-trafficking due-process fourteenth-amendment habitual-felon-law habitual-offender mandatory-sentencing sentencing Whether the federal court erred in upholding the petitioner's mandatory sentence for a drug-trafficking conviction under North Carolina General Statut…
19-6360 George C. Pugh v. Florida Florida 2019-10-25 Denied Response WaivedIFP criminal-procedure criminal-sentencing due-process felony florida-law habitual-felony-offender habitual-offender precedent release-date sentencing statutory-interpretation time-calculation Is it lawful for the Petitioner to be deemed an Habitual felony offender whereas the Petitioner was one day outside of the time period of conviction o…
19-5289 Pharoah Brazell v. Louisiana Louisiana 2019-07-23 Denied Response WaivedIFP constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender?
19-5146 Isiah Edward Gilliam v. Michigan Michigan 2019-07-11 Denied IFP discovery discovery-violation due-process fair-trial habitual-offender ineffective-assistance-of-counsel jury-instructions mistrial prior-convictions prosecution prosecutorial-misconduct self-defense Was Mr. Gilliam denied due process and a fair trial
18-9238 Reshaud Todd Brown v. Washington Washington 2019-05-10 Denied IFP cruel-and-unusual-punishment eighth-amendment habitual-offender habitual-offender-statute life-without-parole mandatory-sentencing proportionality-review sentencing sentencing-court youthful-adult youthful-offender Whether imposition of a mandatory sentence of life without parole under a habitual offender statute violates the Eighth Amendment prohibition against …
18-8254 Eddie Earl Phillips v. Mississippi Mississippi 2019-03-04 Denied Response WaivedIFP constitutional-provisions constitutional-rights conviction criminal-procedure due-process habitual-offender indictment jury-instructions sentencing statement-of-the-case statutory-provisions Whether Phillips' Conviction and Sentence stems from a defective indictment, in violation of his due process rights?
18-7795 Markus D. Lanieux v. Louisiana Louisiana 2019-02-06 Denied Response WaivedIFP Blakely Blakely-v-Washington Booker Booker-v-United-States criminal-procedure due-process habitual-offender habitual-offender-law jury-trial mandatory-minimum-sentence reasonable-doubt sentencing sentencing-enhancement sixth-amendment Whether the sentencing scheme under Louisiana's Habitual Offender Law is subject to the jury requirements of the Sixth Amendment
18-7577 Roland Castro v. United States Fifth Circuit 2019-01-25 Denied Response WaivedIFP armed-career-criminal-act due-process habitual-offender johnson-retroactivity johnson-v-united-states prior-convictions residual-clause sentencing sentencing-ambiguity statutory-maximum united-states-v-herrold united-states-v-johnson violent-felony Whether petitioner's 240-month sentence under the Armed Career Criminal Act (ACCA) must be vacated because it is unclear whether he was sentenced unde…
18-7491 Scott Anthony Crow v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-18 Denied IFP civil-rights criminal-procedure due-process equal-protection habitual-offender ineffective-assistance-of-counsel plea-bargaining sentencing Did the federal judges in the 8th Cir. Fail to review newly discovered claims
18-7167 Cornelius Tyrone Kirsh v. Louisiana Louisiana 2018-12-26 Denied Response WaivedIFP aggravated-flight burden-of-proof criminal-procedure double-jeopardy due-process habitual-offender insufficient-evidence involuntary-statements reasonable-doubt sufficiency-of-evidence Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Kirsh is guilt
18-6324 Akinlabi Coleman v. Colorado Colorado 2018-10-15 Denied Response WaivedIFP bench-trial constitutional-rights criminal-procedure due-process habitual-criminal habitual-offender jury-trial sixth-amendment Were Mr. Coleman's Sixth Amendment rights to a jury determination of every element of an offense violated when he was only allowed a bench trial to de…
18-5999 Joe Litton Bailey v. Louisiana Louisiana 2018-09-14 Denied IFP criminal-conviction criminal-procedure due-process evidence habitual-offender jury-trial reasonable-doubt sentencing-enhancement sufficiency-of-evidence Was the evidence presented to the jury sufficient to convict Bailey beyond a reasonable doubt?
18-5586 William Knight v. Florida Florida 2018-08-15 Denied IFP abuse-of-authority appellate-procedure criminal-procedure double-jeopardy due-process habitual-offender illegal-sentence judicial-abuse judicial-authority jurisdiction sentencing sentencing-error sentencing-guidelines statutory-maximum Whether trial court abused their authority by allowing the state attorney office to impose a sentence contrary to the requirements of the law on doubl…
18-5498 Willie Beasley Curtis v. Michigan Michigan 2018-08-07 Denied IFP 14th-amendment civil-rights constitutional-rights direct-appeal due-process ex-post-facto habeas-corpus habitual-offender plea-bargain plea-bargain-standards retroactive-sentencing standing sua-sponte unprecedented-error Whether the Supreme Court has a duty to consider unprecedented errors that are important to the public interest
18-5127 Martinez Orlando Black v. North Carolina North Carolina 2018-07-05 Denied IFP criminal-procedure due-process felony-classification habitual-offender ineffective-assistance-of-counsel juvenile-delinquency prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment Did the failure of defense counsel to object to the increase in Petitioner's sentence into the 'aggravated range' at Felony Class C, by use of a prior…