| 25-6809 |
Michael Wayne Keller v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2026-02-13 |
Pending |
IFP |
commonwealth-instruction heat-of-passion jury-instruction legal-standard malice-definition trial-court-error |
1) Was the definition of malice given to the jury a proper Virginia model jury instruction defining heat of passion?
2) Did counsel for appellant req… |
| 25-6388 |
James W. VanDivner, Jr. v. Laurel R. Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2025-12-16 |
Pending |
Response WaivedIFP |
certificate-of-appealability habeas-corpus heat-of-passion ineffective-assistance-counsel suppressed-evidence voluntary-manslaughter |
Should a certificate of appealability have issued, where the suppressed evidence, considered cumulatively, would have placed a burden on the Commonwea… |
| 23-7716 |
Donte Solomon v. Robert St. Andre, Warden |
Ninth Circuit |
2024-06-13 |
Denied |
Response WaivedIFP |
alcohol-and-drugs constitutional-rights criminal-procedure due-process heat-of-passion jealousy judicial-review jury-instructions jury-selection legal-challenge mental-state provocation |
Question not identified |
| 20-7907 |
Julio Solano v. California |
California |
2021-05-03 |
Denied |
IFP |
due-process heat-of-passion insufficient-evidence jury-instruction jury-instructions prosecutorial-misconduct provocation second-degree-murder voluntary-manslaughter |
Whether the California Courts' failure to adequately instruct the jury on provocation in the context of Second Degree Murder violated federal due proc… |
| 19-5370 |
Pedro Medina Castillon v. California |
California |
2019-07-29 |
Denied |
IFP |
civil-procedure civil-rights criminal-law due-process federal-jurisdiction harmless-error heat-of-passion jury-instructions penal-code preemption standing state-law-claim subject-matter-jurisdiction vagueness |
Whether the federal court had proper pendent jurisdiction over state law claims |
| 18-9146 |
Kenan Ivery v. Ohio |
Ohio |
2019-05-06 |
Denied |
IFP |
criminal-defense criminal-procedure due-process equal-protection heat-of-passion homicide state-judiciary sudden-provocation |
Is a petitioner denied due process and equal protection when a state judiciary refuses to acknowledge that 'fear' is a passion that deprived the petit… |
| 18-8063 |
Shaun Mark Lawler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-25 |
Denied |
IFP |
aggravated-assault constitutional-challenge criminal-law criminal-sentencing deadly-weapon due-process equal-protection family-violence guilty-plea heat-of-passion ineffective-assistance-of-counsel ineffective-counsel murder sentencing statutory-punishment |
Is it unconstitutional for the Texas Legislature to authorize a greater punishment range and maximum punishment for aggravated assault - family violen… |
| 18-7406 |
Benjamin James Boatman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-01-14 |
Denied |
IFP |
criminal-procedure cumulative-error drug-induced-psychosis due-process heat-of-passion ineffective-assistance jury-instructions prosecutorial-misconduct right-to-counsel |
Ineffective assistance of counsel |