hearsay

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-689 George Sharrod Johns v. Georgia Georgia 2025-12-12 Pending Amici (2)Response RequestedResponse Waived autopsy confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence A forensic pathologist who performed an autopsy on a homicide victim was unavailable for trial. In her place, the State of Georgia offered testimony b…
25-6163 Terrance Deshun Cash v. United States Fifth Circuit 2025-11-19 Denied Response WaivedIFP confrontation-clause constitutional-rights due-process fifth-amendment hearsay sixth-amendment Petitioner Cash contend that his constitutional rights was violated be fore the Fifth Circuit Court of Appeals due to the stated facts raised beforet…
25-6000 Demeccio Caston v. Louisiana Louisiana 2025-10-30 Denied Response WaivedIFP confrontation-clause crawford-rule criminal-procedure due-process hearsay testimonial-evidence Whether permitting a detective to testify to unconfronted, testimonial hearsay statements that directly inculpate a defendant statements, made by witn…
25A239 Demeccio Caston v. Louisiana Louisiana 2025-08-29 Presumed Complete confrontation-clause crawford-precedent criminal-procedure hearsay sixth-amendment testimonial-evidence Whether the Confrontation Clause permits introduction of inculpatory evidence through an investigating officer when the underlying witness does not te…
25-5204 Mario Onesimo Gonzalez v. United States Ninth Circuit 2025-07-28 Denied Response WaivedIFP confrontation-clause criminal-procedure drug-evidence expert-testimony hearsay sixth-amendment Whether a drug value 'expert' contravenes the Confrontation Clause and Smith v. Arizona when her testimony about the value of drugs seized rests on th…
25-5190 Curtis Dickerson v. United States Fourth Circuit 2025-07-24 Denied Response WaivedIFP co-conspirators expert-testimony fourth-circuit hearsay insufficient-evidence monetary-forfeiture Whether the Fourth Circuit erred by dismissing Mr. Dickerson's appeal where the District Court improperly entered a $2,400,000.00 Order of Monetary Fo…
25-5156 Marlin L. Royal v. Fidencio N. Guzman, Warden Ninth Circuit 2025-07-21 Denied Response WaivedIFP appellate-review constitutional-rights due-process evidence-law federal-procedure hearsay Whether the erroneous admission of hearsay accusatory statements prejudicially violated petitioner's federal constitutional rights
24-7139 David Little v. Georgia Georgia 2025-05-06 Denied IFP confrontation-clause criminal-procedure cross-examination due-process hearsay sixth-amendment Whether the Indiana Court violated the Sixth Amendment right to Confrontation by admitting deceased witness's hearsay statements without affording pet…
24-6615 Gregory P. Damm v. United States Fifth Circuit 2025-02-21 Denied Response WaivedIFP criminal-procedure federal-sentencing hearsay plain-error revocation-proceeding supervised-release Can a federal supervised release defendant can ever obtain relief on plain error for the erroneous admission of hearsay in a revocation proceeding?
24-6201 Christopher Jeorge Millican v. United States Ninth Circuit 2024-12-26 Denied Response WaivedIFP confrontation-clause criminal-procedure hearsay search-warrant sixth-amendment testimonial-evidence Whether the Confrontation Clause allows the admission of testimonial documents created in response to a search warrant without direct confrontation of…
24-5982 Benigno Perez-Aguilar v. Jeff Howard, Warden Sixth Circuit 2024-11-15 Denied IFP expert-testimony hearsay ineffective-assistance-of-counsel sixth-amendment trial-court-discretion witness-bolstering Did the trial court abuse its discretion in admitting expert testimony that allegedly bolstered witness testimony, and did trial counsel's errors viol…
24-5132 Charles Fitzgerald Branch v. United States Ninth Circuit 2024-07-23 Denied Response WaivedIFP circuit-split evidence-admissibility evidence-admission federal-rules-of-evidence hearsay hearsay-rule judicial-interpretation non-hearsay non-hearsay-probative-value probative-value procedural-standard Should this Court resolve a split between the Ninth and Third circuits on the admission of evidence for a non-hearsay purpose when its non-hearsay pro…
23-7548 In Re Kinley MacDonald 2024-05-23 Dismissed IFP child-custody child-welfare civil-rights due-process family-law hearsay hearsay-evidence judicial-misconduct jurisdiction jurisdictional-challenge parental-rights state-statute Can a trial court open and remove children in a 'protective custody' case based solely on hearsay accusations prohibited by state statute and in absen…
23-7550 In Re Kinley MacDonald 2024-05-23 Dismissed IFP child-abuse due-process family-rights federal-review habeas-corpus hearsay ineffective-assistance jurisdiction post-conviction-relief protective-custody state-court-jurisdiction Can a trial court open and remove children in a 'protective custody' case based solely on hearsay about actions prohibited by state statute in secret …
23-7549 In Re Kinley MacDonald 2024-05-23 Dismissed IFP child-custody child-welfare due-process family-rights hearsay hearsay-evidence judicial-jurisdiction jurisdiction parental-rights standard-of-review state-court-procedure Whether a state court can remove children from a parent's custody based solely on hearsay allegations prohibited by state statute, in the absence of j…
23-7355 Demario Barker v. United States Seventh Circuit 2024-05-01 Denied Response WaivedIFP criminal-procedure due-process evidence federal-sentencing-guidelines guideline-calculation hearsay hearsay-statements reliability-standard sentencing sentencing-guidelines Whether presumptively unreliable hearsay statements should be permitted in sentencing hearings to substantially increase a Defendant's guideline calcu…
23-7326 Erik Johnson v. Patrick Griffin Second Circuit 2024-04-29 Denied Response WaivedIFP civil-procedure confrontation-clause criminal-procedure due-process evidence hearsay hearsay-evidence missing-witness missing-witness-instruction testimonial-statement Whether the admission into evidence of hearsay statements violated petitioner's Confrontation Clause rights
23-7314 S. C. v. Vermont Vermont 2024-04-26 Denied Response WaivedIFP child-welfare clear-and-convincing due-process fourteenth-amendment hearsay hearsay-evidence parental-rights parental-unfitness santosky-standard santosky-v-kramer Whether Vermont's law allowing courts to terminate parental rights based on hearsay violates the Fourteenth Amendment
23-7115 Timothy D. Hinkle v. Kentucky Kentucky 2024-04-01 Denied Response WaivedIFP criminal-procedure due-process hearsay hearsay-rule jury-instructions prosecutorial-misconduct sexual-assault witness-credibility Did the courts allow the petitioner to have a fair and impartial trial?
23-7092 Kinley MacDonald v. Michael Duddy, et al. Seventh Circuit 2024-03-28 Dismissed IFP child-custody civil-rights constitutional-rights due-process family-law foster-care hearsay parental-rights state-agency Can a state court prohibit a family's statutory right to communicate, visit, and reunify solely based on hearsay accusations?
23-6952 Frantz Brifil v. Florida Florida 2024-03-11 Denied Response WaivedIFP confrontation-clause constitutional-law crawford-v-washington criminal-procedure due-process evidence evidence-law hearsay out-of-court-statements sixth-amendment witness-testimony Whether the state court violated the mandate of Crawford and progeny by introducing a nontestifying witness's out-of-court statements?
23A794 Gail M. Ritchey v. Ohio Ohio 2024-02-27 Presumed Complete confrontation-clause constitutional-criminal-procedure coroner's-report evidence-admissibility hearsay sixth-amendment Whether the Sixth Amendment permits the introduction of a coroner's report prepared by a non-testifying and unavailable declarant as evidence
23-924 John Anthony Castro v. Adrian Fontes, Arizona Secretary of State, et al. Ninth Circuit 2024-02-27 Denied Response Waived arizona-ballot article-iii article-iii-standing ballot-access campaign-expenses hearsay hearsay-evidence judicial-discretion motion-to-amend presidential-candidate standing Does an Arizona ballot-placed Republican Presidential Candidate lack Article III standing if a lower court determines he is not 'genuinely' competing …
23-6795 Gregory Taylor v. United States Sixth Circuit 2024-02-21 Denied Relisted (2)IFP confrontation-clause criminal-procedure evidence expert-testimony hearsay laboratory-evidence laboratory-tests sixth-amendment Whether the Confrontation Clause of the Sixth Amendment is satisfied when an expert witness provides opinion testimony that is based on data from labo…
23-6802 Wally Irizarry-Sisco v. United States First Circuit 2024-02-21 Denied Response WaivedIFP child-sex-abuse child-sex-case criminal-procedure double-jeopardy due-process evidence-law excited-utterance hearsay hearsay-exception sixth-amendment Whether Federal Rule of Evidence 803(2) encompasses out-of-court statements that go beyond the exciting event, are elicited by questioning, and are in…
23-6618 Mabior M. Mabior v. Nebraska Nebraska 2024-01-30 Denied Response WaivedIFP appellate-review confrontation-clause cross-examination hearsay hearsay-exception ineffective-assistance sixth-amendment testimonial-statement testimonial-statements Is a defendant's right to confrontation under the Sixth Amendment violated when testimonial statements are admitted for the truth of the matters asser…
23-820 Ohio v. William Johnson Ohio 2024-01-30 Denied Amici (2)Response RequestedRelisted (2) 911-recording confrontation-clause domestic-violence excited-utterance hearsay non-testimonial ongoing-emergency sixth-amendment Were the statements describing the fresh incident of domestic violence in the 911 recording non-testimonial?
23-6474 Courtney Rose Desjarlais v. United States Eighth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause cross-examination due-process hearsay hearsay-evidence sentencing-enhancement sixth-amendment Question not identified
23-6343 Patrick Bowie v. Mark Miller, Superintendent, Green Haven Correctional Facility Second Circuit 2023-12-26 Denied Response WaivedIFP authentication confrontation-clause crawford-v-washington criminal-procedure due-process evidence-authentication hearsay ineffective-assistance ineffective-assistance-of-counsel strickland-v-washington Is the right to confrontation violated when inculpatory letters are admitted into evidence without a statement by a handwriting expert?
23-6035 In Re Kinley MacDonald 2023-11-16 Dismissed Relisted (2)IFP child-custody civil-rights constitutional-challenge due-process equal-protection family-law hearsay parental-rights standing state-federal-relations Can a judge of two appeal courts open a child protective custody case based solely on hearsay accusations prohibited by state law, then set bail/bond …
23-5983 Eric Spencer v. United States Second Circuit 2023-11-09 Denied Response WaivedIFP abuse-of-discretion appellate-review court-procedure de-novo-review district-court evidence evidence-rules hearsay hearsay-evidence judicial-discretion standard-of-review Should the Court of Appeals apply an abuse of discretion standard or engage in de novo review when reviewing a district court's ruling to admit hearsa…
23-5971 Kevondric Fezia v. United States Fifth Circuit 2023-11-07 Denied Response WaivedIFP closing-arguments confrontation-clause criminal-procedure due-process hearsay jury non-testifying-witness prosecutorial-argument sixth-amendment witness-testimony Does the Confrontation Clause apply to statements made by a prosecutor during closing arguments that detail for the jury what a non-testifying witness…
23-5616 Isaac Kipkurui Biegon v. United States Fifth Circuit 2023-09-20 Denied Response WaivedIFP accomplice-testimony confrontation-clause conspiracy-evidence conspiracy-hearsay corroboration corroboration-evidence criminal-procedure due-process hearsay jury-instructions sixth-amendment Whether a preliminary finding of a conspiracy could be based solely on the contested hearsay statement
23-5362 Jerry Lee Beale, Jr. v. Mississippi Mississippi 2023-08-16 Denied Response WaivedIFP attempted-murder civil-rights criminal-intent criminal-procedure due-process hearsay hearsay-testimony intent jury-instructions officer-testimony trial-procedure Whether the indictment was defective for failure to allege what act Beale committed in furtherance of his attempt to kill the officers
23-5278 Earl Monroe Belcher v. Brian Williams, Warden Ninth Circuit 2023-08-03 Denied IFP chain-of-custody constitutional-rights district-court dna-evidence due-process federal-law habeas-corpus hearsay ineffective-assistance reasonable-doubt unreasonable-application Whether the District Court's decision was an unreasonable application of clearly established federal law
23-5216 Kinley MacDonald v. Michael A. Duddy, et al. First Circuit 2023-07-26 Denied Relisted (2)IFP child-abuse constitutional-rights criminal-procedure due-process federal-jurisdiction foster-care hearsay interstate-crime jurisdiction parental-rights standing witness-tampering Can a trial court open and remove children in a 'preserve custody' case based solely on hearsay allegations prohibited by state statute in secret and …
23-5217 Kinley MacDonald v. Maine Maine 2023-07-26 Denied Relisted (2)IFP bail-bond-conditions child-protective-custody constitutional-rights criminal-procedure custody due-process family-reunification hearsay judicial-review legal-standards state-statute Can a judge in a child protective custody case base a decision solely on hearsay accusations prohibited by state statute, then set bail/bond condition…
23-5105 Russell Garvis Griffith, Jr. v. United States Tenth Circuit 2023-07-14 Denied IFP child-abuse circuit-split evidence-rule-803(4) hearsay hearsay-exception household-abuse medical-diagnosis medical-treatment rule-803(4) witness-testimony Whether a party seeking to admit an out-of-court statement pursuant to Rule 803(4) must show that the speaker subjectively knew that the identity of t…
23-5064 Joseph Chandler Davall v. Warren L. Montgomery, Warden Ninth Circuit 2023-07-10 Denied IFP child-custody confrontation-clause constitutional-provisions criminal-procedure custody-dispute due-process evidence hearsay judicial-procedure legal-jurisdiction statutory-interpretation Whether the admission of a child's out-of-court statements violates the Confrontation Clause
23-5040 Brala Beverly v. Newport Beach Police Department, et al. California 2023-07-05 Denied IFP 14th-amendment civil-rights constitutional-rights demurrer due-process fourteenth-amendment hearsay police-misconduct police-report state-court-procedure Is it a violation of due process under the fourteenth amendment of the U.S. Constitution for courts to dismiss a civil rights lawsuit by demurrer base…
22-7846 Vance Collins v. United States Second Circuit 2023-06-22 Denied Response WaivedIFP bruton-v-united-states codefendant codefendant-statement confrontation-clause crawford-v-washington criminal-procedure hearsay out-of-court-statement sixth-amendment Whether a defendant's rights under the Confrontation Clause are violated by the admission of a non-testifying codefendant's out-of-court statement
22-1139 Victor Santana v. Texas Texas 2023-05-23 Denied Response RequestedRelisted (2) bolstering-evidence criminal-appeal criminal-procedure hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-bad-act-evidence prior-bad-acts trial-counsel Did the Court of Criminal Appeals err in finding that trial counsel's errors did not amount to ineffective-assistance-of-counsel?
22-7604 Harbans Singh v. United States Ninth Circuit 2023-05-19 Denied IFP confrontation-clause criminal-procedure due-process hearsay immigration interpreter-testimony sixth-amendment Whether an interpreter's hearsay statements are subject to Confrontation Clause analysis, particularly when the statements themselves constitute the c…
22-7075 Dennis Morgan Hicks v. Alabama Alabama 2023-03-22 Denied IFP child-witnesses confrontation-clause crawford-v-washington criminal-defendant hearsay prior-statements sixth-amendment testimonial-statements witness-testimony Whether a criminal defendant is deprived of his Sixth Amendment right to confront witnesses against him
22-7026 Erin F. Graham, Jr. v. United States Seventh Circuit 2023-03-17 Denied Response WaivedIFP co-defendant confrontation-clause criminal-offense criminal-procedure domestic-incident hearsay hearsay-statements law-enforcement ongoing-criminal-offense Whether the introduction of a co-defendant's inculpatory hearsay statements violated the Confrontation Clause
22-6861 Jairo Francisco Solano v. Texas Texas 2023-02-24 Denied IFP 6th-amendment appellate-review confrontation-clause criminal-procedure defendant-objection due-process evidence evidence-admission hearsay judicial-procedure trial-court-error Did the trial court err by admitting hearsay testimony over the objection of Mr. Solano?
22-6731 Lamon Demetrus Wright v. United States Fifth Circuit 2023-02-08 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation confrontation-rights due-process evidence-admissibility federal-courts good-cause good-cause-standard hearsay hearsay-reliability reliability supervised-release What manner of hearsay should be considered 'reliable' when federal courts decide whether the government has established 'good cause' to deny confront…
22-6437 Alan Singleton v. Tom Watson, Warden Sixth Circuit 2022-12-30 Denied Response WaivedIFP burden-of-proof confrontation-clause criminal-procedure due-process fair-trial hearsay hearsay-testimony ineffective-assistance right-to-counsel Did counsel provide ineffective assistance?
22-6414 Keith Antonio Barnett v. United States Fourth Circuit 2022-12-29 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process hearsay hearsay-testimony jury-instruction theory-of-defense Whether the Confrontation Clause was violated when prosecutors relied, exclusively, on hearsay testimony to convict the petitioner?
22-581 Heidi R. Steward, Acting Director, Oregon Department of Corrections v. Frank E. Gable Ninth Circuit 2022-12-22 Denied Relisted (2) actual-innocence chambers-v-mississippi due-process evidence evidence-rule habeas-corpus hearsay hearsay-exception recantation third-party-confession Whether Oregon Evidence Code Rule 804(8)(c) violates the Due Process Clause by excluding a third-party confession that is recanted and inconsistent wi…
22-6356 Tyler Nees v. Oregon Oregon 2022-12-20 Denied Response WaivedIFP confrontation-clause cross-examination due-process evidence federal-review habeas-corpus hearsay independent-state-ground procedural-default sixth-amendment state-court Whether the Confrontation Clause of the Sixth Amendment prohibits the admission of testimonial hearsay evidence without an opportunity for cross-exami…
22-6232 Trevor Jim Bishop v. California California 2022-12-06 Denied IFP due-process evidence hearsay other-acts other-acts-evidence procedural-error procedure prosecutorial-misconduct trial-counsel waiver Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proced…
22-6166 Raymond Mendez v. United States Ninth Circuit 2022-11-29 Denied Response WaivedIFP circuit-court-review criminal-procedure drug-quantity due-process hearsay hearsay-evidence judicial-procedure sentencing sentencing-guidelines supervisory-power Whether the Ninth Circuit has sanctioned serial departures by the district court from the accepted and usual course of judicial proceedings
22-5775 William Robert Bramscher v. California California 2022-10-05 Denied Response WaivedIFP appeal constitutional-rights conviction criminal-appeal first-amendment hearsay hearsay-evidence presumption-of-innocence right-to-counsel Whether the First Amendment protects the right to advocate that one is innocent of any charged or convicted crime?
22-5692 Kyle Brandon Rocha v. West Virginia West Virginia 2022-09-27 Denied Response WaivedIFP beyond-a-reasonable-doubt confrontation confrontation-clause constitutional-rights due-process hearsay hearsay-evidence reasonable-doubt sentencing sentencing-hearing standard-of-proof Is it a violation of a defendant's rights to due process of law and confrontation for a Court to make a finding in a sentencing hearing based solely o…
22-5577 Marvin Davis v. Kevin Genovese, Warden Sixth Circuit 2022-09-13 Denied Response WaivedIFP child-interview child-witness confrontation-clause constitutional-challenge criminal-procedure due-process effective-assistance-counsel forensic-interviewer hearsay hearsay-statements sixth-amendment statutory-interpretation Whether the trial court erred in allowing the child video interview and whether T.C.A. section 24-7-123 is unconstitutional?
22-5520 Anthony Sims, Jr. v. New Jersey New Jersey 2022-09-07 Denied IFP confrontation-clause criminal-trial cross-examination hearsay hearsay-statement memory-loss pre-trial-hearing sixth-amendment testimonial-evidence Was the opportunity for cross-examination at the pretrial hearing adequate under the Confrontation Clause?
22-5469 Jeffrey Beard, II v. United States Eleventh Circuit 2022-08-31 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination hearsay hearsay-evidence obstruction-of-justice sentencing sentencing-guidelines sixth-amendment Whether the defendant should have the right to confront a witness whose testimony is offered to enhance the sentencing guidelines sentence for conduct…
22-168 Ryan James Deroo v. Illinois Illinois 2022-08-23 Denied Response Waived constitutional-law due-process evidence evidence-rule ex-post-facto hearsay hearsay-exception medical-records retroactive-modification state-rule Whether a retroactive modification of a state rule of evidence allowing certain medical records to be admitted as admissible hearsay which was previou…
22-5012 Kielan Brett Franklin v. United States Ninth Circuit 2022-06-30 Denied Response WaivedIFP crime-of-violence due-process fifth-amendment guideline-range hearsay hearsay-statements hobbs-act sentencing sentencing-guidelines substantive-reliability Is substantive reliability required under the due process clause when a district court relies on hearsay statements to enhance a person's sentencing G…
21-8054 Carlos Johnson v. Dan Reddington, Warden Missouri 2022-06-03 Denied Response WaivedIFP confrontation confrontation-clause constitutional-rights crawford-v-washington criminal-procedure due-process evidence-law habeas-corpus hearsay probation-revocation Whether criminal defendants in probation revocation proceedings should be provided a more robust right to confrontation under the due process clause, …
21-7854 Michael G. Peters v. David Hittner, Judge Fifth Circuit 2022-05-13 Dismissed IFP confrontation-clause criminal-procedure cross-examination hearsay sixth-amendment unavailability Whether the Sixth Amendment's Confrontation Clause prohibits the admission of testimonial hearsay statements in a criminal trial when the declarant is…
21-7698 Daniel Davis v. United States Fifth Circuit 2022-04-26 Denied Response WaivedIFP confrontation-clause correctional-officer evidence hearsay prison sixth-amendment Was the Sixth Amendment right of confrontation violated by the introduction of a correctional officer's statement and testimony about another officer'…
21-7610 Terry Smith v. Florida, et al. Florida 2022-04-14 Denied Response WaivedIFP autopsy autopsy-testimony confrontation-clause due-process evidence forensic-evidence hearsay medical-examiner sixth-amendment testimony Does Florida's practice of allowing a medical examiner to testify to an autopsy he/she did not perform violate the Confrontation Clause?
21-7613 James Edward Williams v. Illinois Illinois 2022-04-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence hearsay hearsay-evidence jury-instructions prior-bad-acts propensity Whether the jury can be instructed to consider hearsay evidence and propensity evidence to commit murder despite prior rulings on hearsay and prior ba…
21-7427 William Gregory Snow v. Illinois Illinois 2022-03-22 Denied Response WaivedIFP constitutional-law constitutional-rights due-process evidence-rule excited-utterance hearsay hearsay-exception impeachment prior-consistent-statements witness-testimony Whether the Third District Appellate Court of Illinois' ruling unconstitutionally expanded the scope of the excited utterance exception to hearsay as …
21-7419 Gilberto Mulgado v. Florida Florida 2022-03-21 Denied Response WaivedIFP child-hearsay child-testimony constitutional-rights criminal-procedure cumulative-evidence custodial-offense due-process fair-trial hearsay sexual-battery Whether a criminal defendant's constitutional due process right to a fair trial is violated by the admission at trial of needlessly cumulative child h…
21-7316 Richard Duerson v. United States Sixth Circuit 2022-03-08 Denied Response WaivedRelisted (2)IFP absent-witness confrontation-clause criminal-procedure due-process evidence-admission hearsay hearsay-testimony judicial-discretion judicial-proceedings just-conclusion officer-testimony What obligation does the court have in allowing an officer to repeat an absent witness's statements which inculpate a defendant, over counsel's object…
21-7051 Demarcus Antwon Chatmon v. Texas Texas 2022-02-03 Denied IFP body-camera body-camera-recording confrontation-clause criminal-procedure due-process hearsay hearsay-exception police-evidence primary-purpose testimonial-statement Whether the Confrontation Clause permits the admission of accusatory statements found on a police body camera recording without requiring the State to…
21-6980 Michael R. Fowler v. Robert Fox, Warden Ninth Circuit 2022-01-27 Denied Response WaivedIFP civil-rights confrontation-clause criminal-procedure due-process evidence hearsay Whether the victim's statements to police are admissible at trial on the grounds of unavailability
21-6721 Tyrone Anderson v. Delaware Delaware 2021-12-23 Denied IFP 14th-amendment 6th-amendment confrontation-clause due-process fair-trial hearsay ineffective-assistance ineffective-assistance-of-counsel post-conviction standard-of-review trial-counsel Does it constitute ineffective assistance of counsel to fail to object to a state's chief witness's testimony that a non-testifying declarant stated t…
21-6706 Billy Dean Smith v. United States Ninth Circuit 2021-12-22 Denied Response WaivedIFP burden-of-proof due-process fifth-amendment hearsay judicial-discretion sentencing uncharged-felony Did the district court violate Mr. Smith's Fifth Amendment Due Process rights by relying on unreliable, unsupported hearsay to, first, find that Mr. S…
21-6672 Trevor Jim Bishop v. California California 2021-12-20 Denied IFP due-process evidence-code-section-1109 federal-rule-of-evidence-404(b) hearsay hearsay-evidence ineffective-assistance other-acts-evidence procedural-error prosecutorial-misconduct trial-counsel Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proced…
21-6653 Urban Fermin v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision Second Circuit 2021-12-17 Denied IFP business-records confrontation-clause criminal-procedure dna-evidence evidence hearsay hearsay-exception sixth-amendment Whether the business record exception to hearsay survives the United States Constitution's Sixth Amendment Confrontation Clause
21-6635 Larry Alonzo Gibbs, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-16 Denied IFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process hearsay hearsay-evidence relevance reliability witness-testimony Does the State of Florida violate a defendant's right to confront witnesses when they allow the State to introduce evidence that a minor vt suffered f…
21-6587 Marcus Termaine Darden v. United States Sixth Circuit 2021-12-13 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence expert-testimony gang-expert harmless-error hearsay hearsay-testimony sixth-circuit Did the Sixth Circuit Court of Appeals err by holding the district court's errors in admitting police 'gang expert' and other hearsay testimony were h…
21-6238 Donald Broadnax v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2021-11-10 Denied IFP AEDPA aedpa-deference due-process federal-habeas-corpus hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel postconviction-relief state-evidentiary-rules state-postconviction-proceedings Does AEDPA deference apply to state postconviction evidentiary rules?
21-6173 Rotimi Salu v. New York State Justice Center for the Protection of People With Special Needs New York 2021-11-04 Denied Response WaivedRelisted (2)IFP administrative-adjudication administrative-law confrontation confrontation-rights credibility due-process employment-law hearsay hearsay-evidence witness-credibility Does it violate due process of law for a state agency to routinely adjudicate accusations of wrongdoing on hearsay evidence alone, denying the accused…
21-576 Benjamin Forrest Carter v. Virginia Virginia 2021-10-20 Denied Response Waived confrontation-clause constitutional-violation criminal-procedure hearsay hearsay-testimony judicial-error prior-testimony remedy sixth-amendment Whether the Supreme Court of Virginia erred in affirming the defendant's convictions where the Circuit Court erred in admitting victim-witness hearsay…
21-5640 Todd Dalton v. Raymond Madden, Warden Ninth Circuit 2021-09-09 Denied Response WaivedIFP child-sexual-abuse child-sexual-abuse-accommodation-syndrome csaas-evidence due-process evidentiary-hearing hearsay in-absentia-trial ineffective-assistance taint-and-memory-expert trial-procedure Did the California Courts' Unreasonable Refusal to Hold an Evidentiary Hearing Entitle Dalton to an Evidentiary Hearing?
21-5502 Lucio P. Munoz v. Nebraska Nebraska 2021-08-27 Denied Response WaivedIFP 14th-amendment 5th-amendment constitutional-rights due-process hearsay ineffective-assistance ineffective-assistance-of-counsel motion-in-limine postconviction-relief whether-the-nebraska-courts-decisions-concerning-hearsay-conform-to-the-established-rule-of-evidence
21-5438 Noe Gerardo Morin v. Bobby Lumpkin. Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-20 Denied IFP brady-disclosure confrontation-clause crawford-standard crawford-v-washington fundamental-fairness hearsay hearsay-statement ineffective-counsel non-testimonial prejudice right-to-confront testimonial Would a reasonable jurist find error in the District Court's assessment that hearsay statement in the case at bar was 'non testimonial' according to t…
21-5406 Bryson Tuesno v. United States Fifth Circuit 2021-08-17 Denied Response WaivedIFP 6th-amendment civil-procedure constitutional-rights criminal-procedure due-process hearsay impartial-jury sixth-amendment testimony Question not identified
20-8435 Vladimir Eugene v. Florida Florida 2021-06-28 Denied Response WaivedIFP 6th-amendment confrontation-clause due-process equal-protection evidence fair-trial fourteenth-amendment hearsay ineffective-assistance non-hearsay-purpose Whether otherwise inadmissible nontestimonial hearsay admitted for non-hearsay purpose and thereafter used for their truth as substantive evidence vio…
20-8266 Eric Lucas v. Florida Department of Corrections, et al. Eleventh Circuit 2021-06-09 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment Whether Petitioner's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated
20-1663 Matthew D. Norwood v. United States Armed Forces 2021-05-28 Denied Response Waived criminal-procedure evidence evidence-rule forensic-interview hearsay hearsay-exception jury-deliberation prior-consistent-statement repetition trial-procedure truth-effect witness-testimony Whether admission of a recorded hearsay statement as a physical exhibit, permitted to be reviewed during deliberations, is a fair application of the e…
20-8151 Marcus D. Williams v. California California 2021-05-26 Denied IFP confrontation-clause constitutional-evidence criminal-procedure due-process evidence-admissibility forensic-evidence forensic-testing hearsay hearsay-evidence testimonial-statement testimonial-statements What degree of formality is necessary before hearsay statements contained within a forensic testing report which connect an accused to the testing res…
20-1565 Michael Ryan Mitchan v. United States Fifth Circuit 2021-05-11 Denied Response Waived confrontation-clause criminal-procedure due-process hearsay hearsay-evidence relevant-conduct sentencing-guidelines Should defendants in criminal cases be permitted to confront witnesses against them at sentencing when their uncorroborated hearsay statements are sol…
20-7839 Taquarius Kaream Ford v. United States Ninth Circuit 2021-04-23 Denied Response WaivedIFP criminal-procedure due-process hearsay presentence-report rule-32 sentencing When the defendant personally objects at sentencing to a hearsay accusation in a presentence report that he raped a woman, even though his attorney ne…
20-7772 Tanelle M. Jefferson v. Ohio Sixth Circuit 2021-04-16 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process hearsay reasonable-doubt sufficiency-of-evidence Whether the State of Ohio proved the petitioner's guilt beyond a reasonable doubt?
20-7700 Robert Ibarra v. W. L. Montgomery, Acting Warden Ninth Circuit 2021-04-09 Denied Response WaivedIFP co-defendant-statements co-perpetrator-statements confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process evidence-exclusion first-degree-murder hearsay right-to-defense right-to-present-defense Does the exclusion of statements by a co-perpetrator that he was solely responsible for the charged murder and the defendant was innocent violate the …
20-7448 Shuntario Johnson v. United States Sixth Circuit 2021-03-15 Denied Response WaivedIFP chambers-v-mississippi confrontation-clause criminal-procedure due-process hearsay jury-instructions right-to-confront-witnesses right-to-present-defense right-to-present-evidence sixth-amendment Whether the Sixth Circuit's decision to affirm the hearsay objection was contrary to Chambers v. Mississippi, 410 U.S. 284, 302 (1973) and its progeny…
20-7343 Justin David Williams v. Utah Utah 2021-03-05 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence hearsay sixth-amendment standard-of-review witness-testimony Whether the court of appeals erred in its admission of the father's 911 call under the excited utterance exception to the hearsay rule
20-7275 Alvin Herron v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-02-26 Denied Response WaivedIFP certificate-of-appealability confrontation-clause criminal-procedure due-process hearsay ineffective-assistance ineffective-assistance-of-counsel interrogation prior-record sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability
20-7086 Michael Fetherolf v. Tim Shoop, Warden Sixth Circuit 2021-02-08 Denied Response WaivedIFP actual-innocence constitutional-interpretation cumulative-error due-process habeas-corpus hearsay jackson-v-virginia sixth-circuit-review suspension-clause Whether the Sixth Circuit erred in applying a death penalty sentencing review in a non-death penalty case
20-6951 Julio Torres Palomo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-26 Denied IFP criminal-procedure due-process evidence-sufficiency expert-testimony hearsay hearsay-objection indictment indictment-insufficiency jury-instructions sexual-abuse sufficiency-of-evidence Question not identified
20-6856 Lavon Oden v. Neil Turner, Warden Sixth Circuit 2021-01-14 Denied Response WaivedRelisted (2)IFP confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment Was LaVon Oden's Sixth Amendment right to confront witnesses violated?
20-6844 Jose Angel Torres v. United States Fifth Circuit 2021-01-12 Denied Response WaivedIFP abuse-of-discretion fair-trial federal-rules-of-evidence hearsay rule-of-completeness video-evidence Is a Defendant denied a Fair Trial when a District Court Finds that additional video evidence is admissible under the Rule of Completeness to prevent …
20-6817 Jerry Lee Quinn v. United States Fifth Circuit 2021-01-11 Denied Response WaivedIFP circuit-split codefendant codefendant-testimony evidence-admission fifth-circuit-review hearsay hearsay-statement plain-error prior-consistent-statements prosecutorial-misconduct tome Whether the Fifth Circuit misapplied the plain error doctrine to bar review of the defendant's claim that the prosecution wrongly relied on a hearsay …
20-6196 Mark Xavier Wallace v. United States Fourth Circuit 2020-11-03 Denied Response WaivedIFP confrontation-clause constitutional-challenge criminal-evidence criminal-procedure district-court-procedure due-process evidence fourth-circuit-review hearsay hearsay-testimony standard-of-review Whether the Fourth Circuit erred in admitting inadmissible and prejudicial hearsay testimony
20-5933 Junior Griffin v. United States Second Circuit 2020-10-07 Denied Response WaivedIFP complete-defense constitutional-rights criminal-procedure due-process hearsay hearsay-exclusion impeachment-evidence right-to-present-evidence supervisory-power wiretap-evidence wiretapping Whether the defendant was denied his constitutional right to present a complete defense
20-5902 Larry Burt Sexton v. Tennessee Tennessee 2020-10-05 Denied Response WaivedIFP career-offender criminal-procedure due-process fourteenth-amendment hearsay hearsay-evidence parole-consideration sentencing Whether the trial court erred in admitting hearsay evidence at the sentencing hearing and in finding the petitioner to be a career offender, resulting…
20-5520 Michael Williamson v. Harold May, Warden Sixth Circuit 2020-08-26 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights due-process fair-trial hearsay hearsay-statements right-to-witnesses sixth-amendment witness-exclusion Was Michael Williamson afforded a fair trial and right to confront his accusers or right to witnesses in his favor
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…
20-5297 Demarius Bridges v. Illinois Illinois 2020-08-07 Denied IFP confrontation-clause criminal-procedure due-process hearsay hearsay-testimony right-to-confrontation sixth-amendment standing testimonial-hearsay unavailable-witness Can unconfrented testimonial hearsay be used as hearsay admission at trial?
20-79 Cedric L. Daniels v. Dave Davey, Warden Ninth Circuit 2020-07-27 Denied Response Waived confrontation-clause due-process evidence-admission fourteenth-amendment hearsay impeachment-evidence jury-instructions sixth-amendment three-strikes-law Denial of Sixth Amendment right to confront witnesses and Fourteenth Amendment due process
19-8577 Shane Roscoe v. Connie Horton, Warden Sixth Circuit 2020-06-01 Denied Response WaivedIFP brady-violation confrontation-right confrontation-rights due-process forfeiture-by-wrongdoing hearsay hearsay-statements ineffective-assistance prosecutorial-misconduct sixth-amendment witness-credibility Whether the Fourteenth Amendment guarantee of due process is violated when the prosecution withholds impeaching evidence
19-1236 Rachel Joanna Evens v. Timothy John Evens South Dakota 2020-04-20 Denied Response Waived terminating visitation without any consideration child-custody civil-procedure due-process evidence evidence-rules hearsay judicial-authority parental-rights parenting-coordinator sanctions What constitutes 'Due Process of Law? Can binding orders be implemented
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?
19-8298 David M. Kissi v. United States District Court for the District of Maryland Fourth Circuit 2020-04-18 Denied IFP civil-rights criminal-procedure due-process fbi fbi-warrant fourth-amendment hearsay hearsay-evidence miranda-rights search-and-seizure Whether the trial court overlooked evidence that the FBI had Petitioner arrested and searched his home with writs that were inadmissible because they …
19-1213 Buck Leon Hammers v. United States Tenth Circuit 2020-04-14 Denied Response Waived conspiracy conspiracy-conviction-inferences-executive-positio criminal-conviction evidence evidence-standard exculpatory-evidence executive-position hearsay hearsay-exculpatory-evidence-chambers-v-mississipp inference judicial-review tenth-circuit Whether the Tenth Circuit improperly found sufficient evidence for Mr. Hammers to be convicted of conspiracy based solely upon inferences from his exe…
19-8020 Walter Freeman Jordan, III v. United States Fifth Circuit 2020-03-17 Denied Response WaivedIFP aiding-and-abetting criminal-procedure evidence-admission federal-rules-of-criminal-procedure federal-rules-of-evidence fifth-circuit harmless-error hearsay hearsay-evidence standard-of-review Did the admission of the unrefuted inadmissible hearsay evidence constitute harmful error
19-7988 Junior Jean Baptiste v. United States Eleventh Circuit 2020-03-13 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure criminal-trial due-process evidence harmless-error hearsay hearsay-standard standard-of-review Where hearsay, consisting of an inculpatory, out-of-court statement made other than to law enforcement, is erroneously introduced to the defendant's p…
19-7802 Fernando Ramirez Noria v. United States Fifth Circuit 2020-02-27 Denied Response WaivedIFP alienage confrontation-clause crawford-precedent crawford-v-washington essential-element federal-rules-of-evidence Hearsay non-testifying-agents sixth-amendment Did the admission of the non-testifying agents' reports of their interviews of the defendant to prove alienage, an essential element of the offense, v…
19-7599 Tracey Smith-Kilpatrick v. United States Sixth Circuit 2020-02-07 Denied Response WaivedIFP business-records confrontation-clause crawford-v-washington evidence-rule federal-rule-of-evidence-803(6) federal-rules-of-evidence government-use hearsay hearsay-exception record-reliability sixth-circuit testimonial-statement testimonial-statements Whether business records qualify as inadmissible hearsay
19-7473 Milon Jarr Brown v. Michigan Michigan 2020-01-29 Denied IFP civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment Was the petitioner denied a meaningful opportunity to present a complete defense?
19-7480 David Paul Lynch v. United States Eleventh Circuit 2020-01-29 Denied Response WaivedIFP appellate-review constitutional-error eleventh-circuit harmless-error hearsay hearsay-statements jury-trial precedent sixth-amendment weight-of-evidence Did the Eleventh Circuit violate this Court's precedent on harmless error
19-7367 Adalberto Magana-Gonzalez v. United States Ninth Circuit 2020-01-22 Denied Response WaivedIFP border-patrol confrontation-clause drug-smuggling expert-testimony hearsay prejudicial-error sixth-amendment witness-testimony Whether the district court committed prejudicial error under the Sixth Amendment when it permitted a DEA agent to tell the jury what a Border Patrol a…
19-7376 Alice C. Trappler v. New York New York 2020-01-22 Denied Response WaivedIFP burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver Whether the automatic waiver and permanent forfeiture of legal insufficiency claims due to trial counsel's failure to move to dismiss on those grounds…
19-7294 Mohammed Kwaning v. United States Fourth Circuit 2020-01-15 Denied Response WaivedIFP apprendi civil-rights confrontation-clause constitutional-rights due-process evidence fair-trial hearsay hearsay-testimony judicial-error jury-trial material-evidence preponderance-of-evidence sentencing sentencing-enhancement Whether the Government officials conduct violated Petitioner's constitutional rights?
19-7302 Latefah Shampine v. Sarver's Realty, et al. Sixth Circuit 2020-01-15 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights due-process evidence-and-witnesses forced-drugging forced-medication free-speech hearsay hearsay-evidence involuntary-treatment judicial-misconduct jurisdiction-dispute racial-discrimination standing How could Petitioner retain an attorney when she was forced to plead guilty?
19-7309 James Milton Dailey v. Florida Florida 2020-01-15 Denied Amici (5)Relisted (5)IFP capital-punishment chambers-exception chambers-v-mississippi codefendant-confession due-process fifth-amendment hearsay hearsay-evidence innocence parole third-party-confession Was the Florida Supreme Court's analysis of Chambers v. Mississippi, 410 U.S. 284 (1973), employing a factor-based approach that has been embraced by …
19-7246 Keith Harris v. United States Third Circuit 2020-01-10 Denied Response WaivedIFP confrontation-clause crawford-rule crawford-v-washington cross-examination hearsay informants law-enforcement-testimony lay-opinion-testimony right-to-counsel sixth-amendment witness-testimony Whether the admission of law enforcement testimony that goes to whether a defendant was a participant in a conspiracy based on information provided by…
19-7235 Trevon Gross v. United States Second Circuit 2020-01-09 Denied Response WaivedIFP daubert due-process federal-rules-of-criminal-procedure federal-rules-of-evidence hearsay prosecutorial-discretion Should the Government be able to convert an expert witness into a summary witness?
19-7218 Oscar Amezcua Cabrera v. California California 2020-01-08 Denied Response WaivedIFP constitutional-principles crawford-precedent crawford-v-washington due-process dying-declaration-exception fifth-amendment fourteenth-amendment hearsay hearsay-exception hearsay-rule prosecutorial-misconduct sixth-amendment testimonial-hearsay whether-dying-declaration-exception-overrides-crawford-v-washington
19-7174 John H. Stewart v. William Honsal, as Public Administrator of Humboldt County, California, et al. California 2020-01-06 Denied Response WaivedIFP domestic-violence due-process evidence-admission fair-trial hearsay judicial-notice property-rights Was Petitioner's federal constitutional right to due process of law violated by an unfair trial?
19-7183 Malcolm William v. Pennsylvania Pennsylvania 2020-01-06 Denied Response WaivedIFP causation criminal-procedure criminal-procedure-arrest-of-judgment due-process elements-of-crime evidence evidence-sufficiency hearsay insufficient-evidence malice motion-in-limine murder murder-charge new-trial sixth-amendment third-degree Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree
19-6923 Adrian Alaniz v. Scott Frauenheim, Warden Ninth Circuit 2019-12-13 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-violation due-process harmless-error hearsay hearsay-evidence justifiable-homicide manslaughter prejudice prosecutorial-misconduct second-amendment self-defense standard-of-review Whether the conceded admission of gang hearsay evidence in violation of the Confrontation Clause was prejudicial
19-6901 Alonso Barrera-Montes v. United States Eleventh Circuit 2019-12-10 Denied IFP appellate-review confrontation-clause criminal-procedure department-of-state due-process evidence evidence-admission hearsay hearsay-rule jurisdiction jury-trial Whether the court of appeals erred in upholding the admission of evidence that violated the hearsay rule and the defendant's confrontation rights
19-6830 Don Emmery Wilson v. United States Fourth Circuit 2019-12-03 Denied Response WaivedIFP 6th-amendment ambiguous-plea constitutional-rights criminal-matter cruel-and-unusual-punishment cruel-unusual-punishment due-process habeas-corpus hearsay illegal-sentence ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining post-conviction-relief profiling sentencing-guidelines Was petitioner subject to ineffective or deficient assistance of counsel in a criminal matter?
19-6763 Anthony D. White v. Florida Florida 2019-11-26 Denied IFP access-to-courts civil-rights constitutional-rights court-procedure criminal-procedure due-process hearsay judicial-misconduct judicial-obstruction open-courts pro-se-litigation prosecutorial-misconduct standing state-officials Whether it is constitutionally lawful to deny a pro se litigant access to the courts when obstructed by state officials
19-6403 Davin D. Crenshaw, aka Davon D. Crenshaw v. Texas Texas 2019-10-29 Denied IFP civil-rights criminal-procedure due-process evidence expert-testimony hearsay mental-health sexual-assault victim-impact Whether the statements made by the expert (SANE) beyond the scope of a SANE examination would be considered hearsay of the same examination from the S…
19-6322 Kelvin Miles v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-10-22 Denied Response WaivedIFP alleyne alleyne-vs-united-states apprendi confrontation confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-destruction fair-trial hearsay sentencing sentencing-enhancement sentencing-factors did-the-pre-trial-destruction-of-evidence-by-the-state-deny-the-petitioner-his-right-to-due-process-and-a-fair-trial
19-6303 Jeffrey Jason Cooper v. United States Eleventh Circuit 2019-10-18 Denied Response WaivedIFP confrontation-clause due-process evidence fifth-amendment hearsay sixth-amendment witness-testimony Whether the lower Courts erred in allowing multiple hearsay statements of five alleged witnesses and other non-testifying witnesses whom did not testi…
19-6294 Alexander Mattei v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure dna-evidence due-process evidence expert-testimony hearsay sixth-amendment surrogate-analyst testimonial-evidence testimonial-hearsay trial-procedure Whether there is ability to cross-examine a surrogate analyst at a jury trial who had used another's certified and testimonial DNA results ipse dixit,…
19-6180 Dannie Joe Farnum v. Scott Frauenheim, Warden Ninth Circuit 2019-10-07 Denied IFP child-competency confrontation-clause due-process fair-trial hearsay prosecutorial-misconduct right-to-confrontation right-to-fair-trial Whether the trial court violated a defendant's right to due process by admitting the prior statements of a 4 year old child without any inquiry into t…
19-6145 Anthony Mark Smith, Jr. v. Virginia Virginia 2019-10-03 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial hearsay precedent standard-of-proof victim-testimony Whether the Virginia Supreme Court and Court of Appeals erred in refusing to set aside the petitioner's conviction and sentence, which violated his ri…
19-6150 Chad M. Cutler v. Illinois Illinois 2019-10-03 Denied Response WaivedRelisted (2)IFP appellate-procedure civil-procedure civil-rights criminal-procedure due-process evidence evidentiary-rules expert-testimony hearsay hearsay-statements prosecutorial-misconduct standards-of-review supreme-court-conflict Whether the Illinois Appellate Court and Illinois Supreme Court erred in their rulings on the admissibility of hearsay statements, the proper standard…
19-5796 Alfredo Beltran Leyva v. United States District of Columbia 2019-09-03 Denied Amici (1)Response WaivedIFP circuit-split confrontation-clause constitutional-review criminal-procedure due-process hearsay hearsay-evidence sentencing sentencing-review standard-of-review Whether the Court should require de novo review (or at a minimum, review for clear error) of sentencing fact-findings based entirely on uncorroborated…
19-5758 Peter J. Hanson v. Wisconsin Wisconsin 2019-08-29 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence hearsay out-of-court-statements sixth-amendment testimonial-evidence Whether out-of-court statements offered for purposes 'other than their truth' ever implicate the Sixth Amendment right to Confrontation?
19-5680 Kenneth Taylor Curry v. Vancouver Housing Authority, et al. Ninth Circuit 2019-08-22 Denied IFP administrative-procedure civil-rights due-process free-speech goldberg-hearing hearsay housing-authority housing-choice-voucher reasonable-accommodation standing subject-matter-jurisdiction violence-threat Whether a Vancouver Housing Authority Hearings Officer without original subject matter jurisdiction is ultra vires and failed to provide a Goldberg pr…
19-5576 William Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2019-08-13 Denied Response WaivedIFP abuse-of-discretion boone-county constitutional-rights hearsay hearsay-testimony ineffective-assistance-of-counsel judicial-discretion lafler-v-cooper plea-bargaining prejudice prosecutorial-misconduct right-to-effective-counsel sentencing Whether the additional sixty (60) years Taylor received at trial when attorney Allen Lidy failed to communicate the Boone County twenty (20) year plea…
19-5310 Rodolfo Cantu, Jr., aka Lil Rudy v. United States Fifth Circuit 2019-07-24 Denied Response WaivedIFP confrontation-right crawford-v-washington due-process fifth-amendment hearsay sentencing sentencing-enhancement sentencing-proceedings sixth-amendment Was the enhancement for a credible threat improper considering the district court's partial reliance on hearsay facts outside the record, which violat…
19-5152 Daryll Keith Shumake v. Virginia Fourth Circuit 2019-07-11 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights court-filing due-process evidence-suppression exculpatory-evidence hearsay ineffective-assistance-of-counsel legal-access legal-materials prison-litigation prisoner-rights prosecutorial-misconduct How did the law waive the petitioner's right to confrontation?
19-5062 Henry Lee Jones v. Tennessee Tennessee 2019-07-03 Denied IFP capital-punishment confrontation-clause due-process eighth-amendment fourteenth-amendment Hearsay sixth-amendment witness-testimony Did depriving the Petitioner of his ability to confront and cross-examination the key evidence at his capital trial violate the Sixth, Eighth, and Fou…
18-9755 Sammy Redi Araya v. United States Fourth Circuit 2019-06-21 Denied Response WaivedIFP business-records due-process fourth-circuit-review hearsay hearsay-evidence identification insufficient-evidence perjury perjury-challenge standard-of-review sufficiency-of-evidence Whether the Fourth Circuit erred in affirming the trial court's failure to investigate and conclusively determine if perjury infected the trial
18-9657 Joseph Howard Davis v. United States Fourth Circuit 2019-06-17 Denied Response WaivedIFP circuit-split confrontation-clause criminal-evidence criminal-procedure drug-dealer drug-distribution due-process evidence fourth-circuit hearsay informant methamphetamine-offense non-testifying-witness second-circuit Is an out-of-court statement by a non-testifying informant which identifies the defendant as a drug dealer hearsay?
18-1506 Julian Martin v. United States Seventh Circuit 2019-06-03 Denied Response RequestedResponse WaivedRelisted (2) co-defendant-statement confrontation-clause criminal-procedure cross-examination due-process evidence fair-trial hearsay reliability-of-evidence right-to-confront-witnesses sixth-amendment Whether the District Court's express reliance on an out-of-court statement of a non-testifying co-defendant as a basis for finding the defendant guilt…
18A1253 Niraj Prabhakar Patel v. Connecticut Connecticut 2019-06-03 Presumed Complete co-conspirator-statement confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence Whether the Confrontation Clause permits the admission of an out-of-court inculpatory statement made by a non-testifying co-conspirator in a prison re…
18-9470 R. Jay Thompson v. Oklahoma Oklahoma 2019-05-29 Denied IFP confrontation-clause evidence hearsay hearsay-statements sane-nurse sexual-assault sixth-amendment testimonial testimonial-evidence Whether statements made to the SANE nurse are testimonial for Sixth Amendment purposes
18-1425 Naren Chaganti v. Commissioner of Internal Revenue Eighth Circuit 2019-05-14 Denied Response Waived binding court-order hearsay hearsay-exception internal-revenue-code internal-revenue-code-162(f) litigation-sanctions parties standing stipulations tax-court-rule tax-court-rule-91-a-e tax-court-stipulations tax-cuts-and-jobs-act tax-cuts-and-jobs-act-2017 Whether stipulations filed under Tax Court Rule 91(a) & (e) are binding on the parties and the Tax Court
18-9202 Edilberto Maso Diaz v. United States Fifth Circuit 2019-05-08 Denied Response WaivedIFP co-conspirator co-conspirator-testimony confrontation-clause conspiracy criminal-conviction criminal-procedure cumulative-error due-process evidence evidentiary-sufficiency fifth-circuit-review hearsay hearsay-evidence hearsay-statements jury-instructions standard-of-review trial-procedure Did the Fifth Circuit err by affirming the district court admission of hearsay statements made by an unindicted co-conspirator over the objection of A…
18-8894 Robert L. Mayfield v. United States Eighth Circuit 2019-04-18 Denied Response WaivedIFP admissibility co-conspirator co-conspirator-statements co-conspirators confrontation-clause criminal-procedure evidence evidence-rule hearsay hearsay-exception out-of-court-statements rule-801 rule-801(d)(2)(e) Whether admission of out-of-court statements made by Robert Mayfield's alleged co-conspirators violated the hearsay exception of Rule 801(d)(2)(E)
18-1294 Michael D. Lynch, et ux. v. Deutsche Bank National Trust Company, et al. Eleventh Circuit 2019-04-12 Denied Response Waived business-records circuit-split due-process equal-protection erie-doctrine federal-rules-of-evidence hearsay hearsay-testimony national-mortgage-settlements summary-judgment supervisory-power Does Federal Rule of Evidence 803(6) authorize hearsay testimony concerning the contents of business records which have not been admitted into evidenc…
18-8751 William Len Rainey v. Texas Texas 2019-04-10 Denied IFP civil-rights confrontation-clause discovery due-process hearsay sentencing-enhancement sentencing-enhancements sexual-offenses Whether the Texas Code of Criminal Procedure Part 33.37 is unconstitutional as applied at trial on June 24, 2013, denying the petitioner basic Due Pro…
18-8569 Melvin Bonnell v. Ohio Ohio 2019-03-26 Denied IFP appellate-review capital-punishment dna-evidence dna-testing due-process hearsay hearsay-evidence prosecutorial-misconduct Whether a trial court may deny a DNA application in a capital case based solely on the untested hearsay of the prosecuting attorney and in contraventi…
18-1082 Marianne Guzall v. City of Romulus, Michigan, et al. Sixth Circuit 2019-02-21 Denied Response Waived circuit-court circuit-court-split civil-rights due-process evidence federal-rules-evidence free-speech hearsay motive-intent party-opponent sixth-circuit whistleblower-retaliation Does the Sixth Circuit Court's split decision determining a statement by a party opponent to be hearsay directly contradict other Circuit Court decisi…
18-1076 In Re Robert K. Hudnall 2019-02-19 Denied Response WaivedRelisted (2) civil-rights conflict-of-interest due-process hearsay hearsay-evidence jurisdiction personal-jurisdiction secret-hearing service-of-process standing subject-matter-jurisdiction Whether a State Supreme Court with only appellate jurisdiction can exercise personal jurisdiction without proper service of process, take subject matt…
18-1046 Virginia Callahan, et al. v. Pacific Cycle, Inc. Fourth Circuit 2019-02-11 Denied Response Waived abuse-of-discretion appellate-review circuit-court-split circuit-split civil-procedure de-novo-review evidence evidence-admissibility evidentiary-ruling hearsay hearsay-evidence judicial-discretion standard-of-review Standard-of-review-for-hearsay-rulings
18-7416 Javier Solis v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2019-01-15 Denied IFP confrontation-clause crawford-precedent crawford-v-washington hearsay hearsay-exception jury-instructions jury-interpretation police-testimony sixth-amendment testimonial-evidence truth-of-the-matter-asserted Whether 'testimonial' or 'non-testimonial' should be the only factor in deciding whether Crawford's protection should apply
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…
18-7245 Ronnie Junior Rodriguez v. United States Eleventh Circuit 2019-01-08 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence false-declaration federal-rules-of-evidence hearsay legal-procedure perjury self-incrimination standing witness-testimony Whether the petitioner's Fifth Amendment right against self-incrimination was violated when the government presented hearsay evidence against him at t…
18-7228 Dashawn D. Brown v. United States Fourth Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release Whether the sentencing court erred in admitting hearsay statements as excited utterances
18-6791 Benjamin Bland v. United States Fourth Circuit 2018-11-23 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination evidence evidence-admissibility government-evidence harmless-error hearsay sixth-amendment social-security-administration trial-procedure Whether petitioner's Sixth Amendment right to confront witnesses was violated
18-6750 Rita Pultro v. Pennsylvania Pennsylvania 2018-11-20 Denied Response RequestedRelisted (2)IFP codefendant codefendant-confession confession confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay redaction sixth-amendment Should a court look beyond the four corners of a nontestitying codefendant's confession to determine if introduction of the confession violates the Co…
18-6573 Malik Farrad v. United States Sixth Circuit 2018-11-06 Denied Response WaivedIFP 5th-amendment authentication circuit-split corpus-delicti due-process facebook hearsay police-action social-media Is the Sixth Circuit Court of Appeals' lower standard of authentication for social media postings in conflict with other circuits, violating due proce…
18-6361 Bob Lee Jones v. United States Fourth Circuit 2018-10-17 Denied Response WaivedIFP due-process fair-trial harmless-error hearsay hearsay-exception involuntary-intoxication judicial-bias judicial-ethics present-sense-impression specific-intent standard-of-review Whether the District Court's demonstration of bias against the defense impeded the defendant's right to a fair trial
18-6183 Reginald Lynch v. Hilton Hall, Jr., Warden, et al. Eleventh Circuit 2018-10-02 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure davis-v-washington dying-declaration hearsay ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington Does petitioner receive ineffective assistance of counsel when trial counsel fails to object to testimony from a witness repeating the statements of a…
18-246 Mary L. Doherty, et al. v. Allstate Indemnity Company Third Circuit 2018-08-27 Denied anderson-v-liberty-lobby due-process expert-witness expert-witness-reports expert-witness-testimony fifth-amendment hearsay hearsay-evidence insurance-contract jury-trial mend-the-hold mend-the-hold-doctrine seventh-amendment summary-judgment Whether the affirmed Rule 56 summary judgment decision is inconsistent with the standard set forth in Anderson v. Liberty Lobby, Inc., and violative o…
18-5778 Jon Duke DePriest v. Pam Bondi, Attorney General of Florida, et al. Eleventh Circuit 2018-08-27 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure due-process habeas-corpus hearsay sixth-amendment testimonial-hearsay Whether petitioner's Sixth Amendment right to confront witnesses against him were violated
18-5646 Syrus Martin v. Georgia Georgia 2018-08-20 Denied Response WaivedIFP child-hearsay child-testimony cross-examination evidence evidence-admissibility evidence-law hearsay hearsay-evidence hearsay-exceptions prior-statements statutory-interpretation testifying-witness witness-statements Whether Georgia's child hearsay statutes or O.C.G.A. § 24-8-801 (d) (1) (A) control the permissible use of the prior statements of a testifying child
18-5581 George Jenewicz v. New Jersey New Jersey 2018-08-14 Denied IFP 14th-amendment 6th-amendment civil-rights compulsory-process confrontation-clause criminal-procedure cross-examination due-process hearsay Was the petitioner denied the right of cross-examination and due process under the 6th and 14th amendments?
18-5407 Mladen Mitrovic v. United States Eleventh Circuit 2018-08-01 Denied Response WaivedIFP administrative-law civil-procedure confrontation-clause due-process equal-protection federal-rules-of-evidence hearsay right-to-present-defense standing statutory-interpretation witness-unavailability Whether the district court erred in excluding exculpatory witness statements under the Confrontation Clause and Federal Rule of Evidence 807 despite t…
18-5394 Casey Peebles v. United States Eighth Circuit 2018-07-30 Denied Response WaivedIFP coconspirator-statements confrontation-clause criminal-procedure due-process evidence evidence-rule fair-trial federal-rules-of-evidence hearsay hearsay-exception sixth-amendment Whether Inadi and Bourjaily adequately protect an accused's Fifth Amendment due process right to a fair trial and his Sixth Amendment right to confron…
18-5349 Tyron Young v. United States Eighth Circuit 2018-07-25 Denied Response WaivedIFP confrontation-clause confrontation-right cross-examination due-process government-informant hearsay out-of-court-allegations reliability sentencing sentencing-hearing sixth-amendment unsworn-testimony Whether the Sixth Amendment right to confront and cross-examine adverse witnesses applies at a sentencing hearing where the court bases the sentence o…
18-5266 Michael Ferguson v. United States Sixth Circuit 2018-07-18 Denied Response WaivedIFP advisory-guidelines arrest-records bare-arrest-records dismissed-charges due-process evidence-reliability hearsay hearsay-evidence reliability-standard sentencing sentencing-guidelines sixth-amendment What standard of scrutiny does Due Process require courts to use when evaluating the reliability of evidence courts rely on to impose a sentence?
18-5189 Glenvert Green v. United States Third Circuit 2018-07-10 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fifth-amendment hearsay hearsay-evidence sentencing sentencing-procedure sixth-amendment victim-impact-statement victim-impact-statements Whether the Sixth and Fifth Amendments provide a criminal defendant the right to cross-examine a government witness who testifies during a sentencing …
18-5173 Wilberth Medina Garcia v. United States Fifth Circuit 2018-07-09 Denied Response WaivedIFP confrontation-clause criminal-procedure deportation due-process evidence-law hearsay immigration immigration-law sixth-amendment testimonial-evidence testimonial-hearsay Whether an immigration officer's formalized statements relating the fact of an alien's removal constitute testimonial hearsay for the purposes of anal…