| 25-6811 |
Gifford Johnson, III v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2026-02-13 |
Pending |
IFP |
circuit-court-split constitutional-duty ineffective-assistance newly-discovered-evidence schulp-claim sixth-amendment |
1. WHETHER THE FIFTH CIRCUIT COURT OF APPEAL'S APPLICATION
OF SCHULP'S CLAIM WAS UNREASONABLE WHEN THE NEWLY PRESENTED
EVIDENCE WAS NOT HEARD AT TRIAL… |
| 25-6816 |
Carlos Javier Figueroa v. United States |
Second Circuit |
2026-02-13 |
Pending |
IFP |
counsel-override criminal-defense defendant-autonomy ineffective-assistance sixth-amendment witness-testimony |
In McCoy v. Louisiana, 584 U.S. 414 (2018), this Court held that (1) the Sixth Amendment guarantees a criminal defendant the autonomy to decide the ob… |
| 25-6794 |
Robert Emert v. Andrea Schuck, et al. |
Ninth Circuit |
2026-02-11 |
Pending |
IFP |
due-process ineffective-assistance plea-breach prosecutorial-misconduct santobello-precedent section-1983 |
Whether a court of appeals may dismiss as "frivolous" a § 1983 plea-breach claim supported by recorded evidence and governed by Santobello v. New York… |
| 25-6765 |
Willie M. Hardy, Jr. v. United States |
Fourth Circuit |
2026-02-10 |
Pending |
IFP |
body-worn-camera credibility-inference criminal-procedure due-process ineffective-assistance miranda-warning |
1. Whether a police officer's intentional and purposeful decision to keep the
audio turned off on his body-worn camera constitutes an inference again… |
| 25A903 |
Nima Moradi v. Florida |
Florida |
2026-02-09 |
Application |
|
deadly-force ineffective-assistance jury-instructions prejudice-prong self-defense strickland-standard |
Question not identified. |
| 25-6742 |
Gezo Goeong Edwards v. United States |
District of Columbia |
2026-02-06 |
Pending |
IFP |
controlled-substance criminal-procedure due-process indictment-defect ineffective-assistance mens-rea |
1. Whether an indictment charging conspiracy to distribute a controlled substance under 21 USCS 846 and 841(a) fails to state an offense where it plac… |
| 25-6725 |
Shawn D. Powell v. Fidencio Guzman, Warden |
Ninth Circuit |
2026-02-05 |
Pending |
IFP |
closing-argument habeas-corpus ineffective-assistance strickland-standard trial-counsel witness-credibility |
During closing argument at Petitioner Shawn Powell's trial, his trial counsel unreasonably conceded Powell's guilt of vandalism and violation of a pro… |
| 25-6720 |
Demarred Ewing v. Illinois |
Illinois |
2026-02-04 |
Pending |
IFP |
constitutional-rights criminal-procedure defense-counsel evidence-investigation ineffective-assistance sentencing-mitigation |
Whether DeMarco Curae WS Sind Wis Ce\at do the 2 Vecthwe assistace oF Counscl ushice Wis Counsel Dale doa adequately coves Ani Siete's visto euidince … |
| 25A872 |
Djavon Holland v. United States |
Third Circuit |
2026-02-03 |
Application |
|
appellate-counsel due-process ineffective-assistance pro-se-representation self-representation sixth-amendment |
Question not identified. |
| 25A867 |
Mario Dion Woodward v. Alabama |
Alabama |
2026-02-02 |
Application |
|
alternative-suspect brady-violation capital-murder due-process ineffective-assistance post-conviction-relief |
Question not identified. |
| 25-6683 |
Roderick Leshun Rankin v. Dexter Payne, Director, Arkansas Department of Correction |
Eighth Circuit |
2026-01-30 |
Pending |
IFP |
due-diligence evidence-standard habeas-corpus ineffective-assistance innocence-claim schlup-standard |
1. Over thirteen years after Roderick LeShun Rankin was convicted of three murders and sentenced to death, the pastor of his deceased brother Rodney d… |
| 25A846 |
Marion Alexander Lindsey v. South Carolina |
South Carolina |
2026-01-23 |
Application |
|
capital-sentencing due-process ineffective-assistance mitigating-evidence post-conviction-relief sixth-amendment |
Question not identified. |
| 25-6655 |
Kerry E. Silvers v. Indiana |
Indiana |
2026-01-23 |
Pending |
IFP |
circuit-split constitutional-interpretation federal-question ineffective-assistance state-court strickland-standard |
1. Whether the Indiana Court of Appeals, as a state court of last resort, has decided an important federal question in a way that conflicts with two d… |
| 25-878 |
Todd Jeffrey Rogers v. Ohio |
Ohio |
2026-01-22 |
Pending |
|
constitutional-right impartial-jury ineffective-assistance juror-bias rehabilitation voir-dire |
Whether a prospective juror who admitted bias can be rehabilitated through silence or group answers in response to group questions. |
| 25-6626 |
Terrance Carew v. Robert Morton, Superintendent, Downstate Correctional Facility |
Second Circuit |
2026-01-20 |
Pending |
IFP |
batson-challenge constitutional-rights equal-protection ineffective-assistance jury-selection racial-discrimination |
Whether an attorney has necessarily provided ineffective assistance of counsel when, after making successful Batson claims, he fails to insist on a re… |
| 25-6518 |
Deandre M. Smith v. Bradley Mlodzik, Warden |
Seventh Circuit |
2026-01-08 |
Pending |
Response WaivedIFP |
certificate-of-appealability habeas-corpus ineffective-assistance procedural-review sixth-amendment strickland-standard |
This case presents an important question regarding an individual's entitlement to a certificate of appealability. Regarding that entitlement, this Cou… |
| 25-6512 |
Aubrey C. Trail v. Nebraska |
Nebraska |
2026-01-07 |
Pending |
IFP |
conflict-of-interest criminal-procedure due-process indigent-rights ineffective-assistance post-conviction |
1. Does a state violate this Court's precedent and the Due Process clause when it penalizes the request for the appointment of conflict-free counsel?
… |
| 25-6505 |
Kenneth Christopher Pointer, aka Keith Johnson v. United States |
Sixth Circuit |
2026-01-07 |
Pending |
Response WaivedIFP |
abuse-of-discretion constitutional-rights district-court evidentiary-hearing ineffective-assistance sixth-amendment |
QUESTON NUMBER ONE:
Whether the district court abused its discretion by failing to
conduct a prompt Evidentiary Hearing and the Sixth Circuit's affir… |
| 25-6497 |
Candelario Cruz-Trujillo v. Indiana |
Indiana |
2026-01-06 |
Pending |
Response WaivedIFP |
appellate-review ineffective-assistance judicial-proceedings post-conviction-relief prosecutorial-misconduct waiver |
I. Whether the Indiana Court of Appeals ' holding that Candelario Cruz-Trujillo
waived his post-conviction claim because he failed to make specific c… |
| 25A767 |
Dawaun Dupree Carson v. Tina Walker, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2026-01-02 |
Application |
|
brady-claim constitutional-review habeas-corpus ineffective-assistance procedural-default sufficiency-of-evidence |
Question not identified. |
| 25-6458 |
Matthew Darrel Childers v. United States |
Sixth Circuit |
2025-12-31 |
Pending |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process ineffective-assistance mandate-recall sixth-circuit |
1. Whether the Sixth Circuit Court of Appeals erred when it denied without explanation Petitioner's Motion to Recall the Mandate, Strike Reply Brief o… |
| 25-6446 |
David Allen Benson v. Superior Court of California, Orange County, et al. |
California |
2025-12-30 |
Pending |
IFP |
criminal-procedure due-process ineffective-assistance mandamus-petition sixth-amendment speedy-trial |
1. Was Petitioner denied his right to speedy trial, even his criminal Trial has been delayed for six years without his consent?
2. Did Petitioner suf… |
| 25-6414 |
Matthew R. Davis v. Maine |
First Circuit |
2025-12-22 |
Pending |
IFP |
constitutional-rights expert-testimony eye-witness-identification ineffective-assistance post-conviction sixth-amendment |
Did trial counsel provide ineffective assistance of counsel, under the Sixth Amendment, by failing to timely disclose an expert report on eye-witness … |
| 25-732 |
Amos Wells v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-12-19 |
Pending |
Amici (4) |
capital-sentencing constitutional-rights expert-testimony future-dangerousness habeas-corpus ineffective-assistance |
Whether trial counsel provides constitutionally ineffective assistance of counsel at the sentencing phase of a capital trial by presenting evidence th… |
| 25A718 |
Tony Terrell Clark v. Mississippi |
Mississippi |
2025-12-18 |
Application |
|
batson-challenge constitutional-review ineffective-assistance jury-selection racial-discrimination strickland-standard |
(1) whether the Mississippi Supreme Court may set an impossible standard in post-conviction review of an ineffective Batson v. Kentucky, 476 U.S. 79 (… |
| 25-6402 |
Anwar Mithavayani v. United States |
Sixth Circuit |
2025-12-18 |
Pending |
Response WaivedIFP |
certificate-of-appealability constitutional-claims habeas-corpus ineffective-assistance procedural-default prosecutorial-misconduct |
1. Whether the lower courts provided sufficient and adequate process to test the legality of Petitioner's Detention under 28 U.S.C. § 2255 and due pro… |
| 25A721 |
Adam J. Sherman v. United States |
Armed Forces |
2025-12-18 |
Application |
|
appellate-review court-martial ineffective-assistance military-justice rape-of-a-child trial-defense-counsel |
Question not identified. |
| 25-6353 |
Marcin Sosniak v. Charles Mims, Warden |
Eleventh Circuit |
2025-12-12 |
Denied |
Response WaivedIFP |
criminal-procedure death-penalty evidence-retrieval ineffective-assistance police-interview right-to-counsel |
Whether Petitioner has received ineffective assistance of counsel where Petitioner's counsel allowed Petitioner who was facing the death penalty to ac… |
| 25-6347 |
Jim Lundi v. United States |
Eleventh Circuit |
2025-12-12 |
Denied |
Response WaivedIFP |
appellate-counsel conflict-of-interest direct-appeal ineffective-assistance plea-colloquy waiver-of-counsel |
1.) Whether Nu appointment of Coun Se | who labors
\wh eres \S o bust ok. Aescrehiow 2
——Aypetlate Counsels fale '
2.)\whedher \ mdi' Dlea colloquy e… |
| 25-6346 |
Corey Gaynor v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al. |
Third Circuit |
2025-12-11 |
Denied |
Response WaivedIFP |
constitutional-violation due-process fourteenth-amendment ineffective-assistance jury-instruction sixth-amendment |
1. Whether trial counsel was ineffective and the trial court s unconstitutional jury instruction derived from Pennsylvania's consolidated statute 18 P… |
| 25-6343 |
Sharard Collier v. United States |
Fifth Circuit |
2025-12-11 |
Denied |
Response WaivedIFP |
district-court due-process evidentiary-hearing fifth-circuit ineffective-assistance sixth-amendment |
QUESTON NUMBER ONE:
Whether the district court abused its discretion by failing to
conduct an Evidentiary Hearing regarding Ground One pre-trial
ine… |
| 25A684 |
Jeffrey A. Weisheit v. Ron Neal, Warden |
Seventh Circuit |
2025-12-10 |
Application |
|
capital-trial habeas-corpus ineffective-assistance mental-illness right-to-counsel sixth-amendment |
Question not identified. |
| 25A671 |
Emanuel Johnson, Sr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2025-12-09 |
Application |
|
death-penalty docket-consolidation eleventh-circuit federal-habeas ineffective-assistance pro-se |
Question not identified. |
| 25A670 |
Marzet Farris, III v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2025-12-09 |
Application |
|
certificate-of-appealability constitutional-right habeas-corpus ineffective-assistance post-conviction procedural-default |
Question not identified. |
| 25-6300 |
Anthony Jones v. United States |
Third Circuit |
2025-12-05 |
Denied |
Response WaivedIFP |
appellate-review constitutional-violations criminal-procedure ineffective-assistance plain-error structural-defects |
I. Whether structural constitutional defects in indictments should be reviewed under Federal Rule of Criminal Procedure 52's plain error standard when… |
| 25-6302 |
Jerome Mack v. John Wood, Superintendent, Shawangunk Correctional Facility |
Second Circuit |
2025-12-05 |
Denied |
Response WaivedIFP |
constitutional-claim due-process habeas-corpus identification-evidence ineffective-assistance procedural-default |
1. Whether, under the circumstances presented hear, petitioner 's constitutional right to a fair trial due to insufficient identification evidence cla… |
| 25A657 |
Jerome Mack v. John Wood, Superintendent, Shawangunk Correctional Facility |
Second Circuit |
2025-12-04 |
Application |
|
aedpa constitutional-claims due-process habeas-review ineffective-assistance word-limitation |
Question not identified. |
| 25A645 |
Julius Jarreau Moore v. Arizona |
Arizona |
2025-12-03 |
Application |
|
capital-murder due-process ineffective-assistance sixth-amendment strickland-standard third-party-culpability |
Question not identified. |
| 25-6269 |
Lairon Graham v. United States |
Second Circuit |
2025-12-02 |
Pending |
IFP |
appellate-procedure circuit-split due-process ineffective-assistance party-presentation plea-agreement |
1. Whether the right to due process on appeal is violated where, despite a criminal defendant-appellant's repeated invocations of the party presentati… |
| 25-6247 |
Jackie Lee Brooks v. United States |
Fifth Circuit |
2025-11-26 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability due-process ineffective-assistance proffer-agreement slack-v-mcdaniel |
1. Whether a 28 U.S.C. § 2255 petitioner who alleges
constitutionally ineffective assistance of counsel for faling to
object to the Government's Due… |
| 25-6252 |
Wayne C. Murphy v. Shannon Butrum, Warden |
Sixth Circuit |
2025-11-26 |
Denied |
IFP |
constitutional-rights due-process habeas-corpus ineffective-assistance procedural-default sixth-circuit |
DID THE COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY DENY PETITIONERS HABEAS CORPUS PETITION BECAUSE OF PROCEDURAL DEFAULT WITHOUT REVIEWING THE… |
| 25-6249 |
Robert Bell v. Administrator, East Jersey State Prison, et al. |
Third Circuit |
2025-11-26 |
Denied |
IFP |
dna-evidence fair-trial ineffective-assistance right-to-counsel sexual-assault sixth-amendment |
I. IS THE RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL CLAUSE VIOLATED WHEN DEFENSE COUNSEL FAILS TO INVESTIGATE, AND SEEK TO OBTAIN AN EXPERT IN OBVIOUS … |
| 25-6238 |
Gregory Webb v. Tennessee |
Sixth Circuit |
2025-11-25 |
Denied |
IFP |
constitutional-rights incarceration ineffective-assistance legal-procedure post-conviction pro-se |
Question not identified. |
| 25-6234 |
Edwin Riascos Romero v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-11-25 |
Denied |
IFP |
appellate-review certificate-of-appealability constitutional-claim ineffective-assistance search-and-seizure sufficiency-of-evidence |
1. Whether the denial of a COA on Petitioner's sufficiency of the evidence challenge was proper? and
2. Whether the denial of a COA on Petitioner's i… |
| 25-6240 |
Joel Contreras-Aguilar v. Texas |
Texas |
2025-11-25 |
Pending |
Response RequestedIFP |
constitutional-law criminal-procedure due-process immigration-status ineffective-assistance strickland-standard |
Has the State of Texas courts undermined presently established federal law in regards to the disclosure of immigration status of defendants in crimina… |
| 25-6218 |
Kenleone Joe Nyandoro v. United States |
Fifth Circuit |
2025-11-24 |
Pending |
IFP |
appeal-waiver controlled-substance firearm-possession ineffective-assistance second-amendment statutory-maximum |
1. Whether the only permissible exceptions to a general appeal waiver are for
claims of ineffective assistance of counsel or that the sentence exceeds… |
| 25-6225 |
Alejandro Peña Salvador v. Washington |
Washington |
2025-11-24 |
Denied |
IFP |
constitutional-rights counsel-representation criminal-procedure due-process habeas-corpus ineffective-assistance |
The faal JisnsqarJ fa dew &via&>ce of /rre£^Ci|^bl£cpnB' c' b^+^eeAOe^dMi amd hfc Mr Pe?Ks> rtaH4 o reDfesen^-Von a'fn'idcA.i Coothci or &4«c3-!/e > q… |
| 25-6175 |
Luis Fernando Puente v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-11-20 |
Denied |
IFP |
appellate-counsel fifth-circuit ineffective-assistance reasonable-expectation-privacy state-law supreme-court-precedent |
1. THE FIFTH CIRCUIT AND THE U.S.D.C'S DECISION THAT A MANDATORY REQUIRED PIECE OF THE REPORTER'S RECORD THAT IS MISSING IS AN ISSUE OF STATE LAW AND … |
| 25-6158 |
John Nock v. United States |
Eighth Circuit |
2025-11-19 |
Pending |
IFP |
constitutional-rights criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court |
APPOINT SUBSTITUTE 10 TCOnN <S?T'S REFUS AL to
nock's SIXTH AMENDMENT URSTrmt VI0LATED MR.
representation ? DMENT RIGHT To effective
■noc™sR fifth a… |
| 25-6166 |
Gregory P. Burleson v. United States |
Ninth Circuit |
2025-11-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process habeas-corpus ineffective-assistance ninth-circuit trial-counsel |
Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability ("COA") consistent with the standards set by 28 U.S.C. § 2253(c)(… |
| 25-6149 |
Byron Jones v. Michigan |
Michigan |
2025-11-18 |
Denied |
IFP |
constitutional-rights due-process ineffective-assistance prejudice speedy-trial trial-delay |
I.
Did The Court Of Appeals Err When It Deteruined That Mr. Jones Constitutional
Rights To A Speedy Trial Were Not Violated When Through No Fault Of … |
| 25-6120 |
In Re Steven Michael Backstrom |
|
2025-11-14 |
Dismissed |
IFP |
cruel-unusual-punishment due-process fourteenth-amendment habeas-corpus ineffective-assistance trial-counsel |
1- a) Does a failure by trial counsel to investigate known-to-be
material facts and/or witnesses, constitute federally defined
ineffective assistanc… |
| 25-6082 |
Karl Roseboro v. Melissa Hainsworth, Superintendent, State Correctional Institution at Laurel Highlands, et al. |
Third Circuit |
2025-11-12 |
Denied |
Response WaivedIFP |
adversarial-testing curative-instruction due-process ineffective-assistance jury-prejudice strickland-standard |
(1) When rumors that Petitioner was involved in the murder were twice put into evidence before the jury without counsel objecting or asking for a cura… |
| 25-6076 |
Martin Ponce Ramirez v. Leo Quiroz, Acting Warden |
Ninth Circuit |
2025-11-10 |
Denied |
IFP |
certificate-of-appealability due-process extradition-warrant habeas-corpus ineffective-assistance plea-coercion |
THE NINTH CIRCUIT COURT OF APPEALS IMPROPERLY DENIED PETITIONER'S
APPLICATION FOR CERTIFICATE OF APPEALABILITY (28 U.S.C. §2253).
REGARDING ISSUES:
… |
| 25A535 |
Shawn Russell Sorensen v. United States |
Eighth Circuit |
2025-11-07 |
Application |
|
controlled-substance drug-possession felony-drug-offense ineffective-assistance mandatory-minimum sentencing-enhancement |
Whether a defendant's prior state drug possession convictions qualify as 'felony drug offenses' under 21 U.S.C. § 841(b) for purposes of imposing a ma… |
| 25-6042 |
Calvin Shaw v. United States |
District of Columbia |
2025-11-06 |
Denied |
Response WaivedIFP |
alibi-witnesses appellate-review criminal-procedure government-witnesses ineffective-assistance trial-counsel |
I- DID THE COURT OF APPEALS ERR WHEN IT DID NOT FIND TRIAL COUNSELS REPRESENTATION OF MR. SHAW INEFFECTIVE BASED ON HIS FAILURE TO CALL ALIBI WITNESSE… |
| 25-6030 |
Terry Lee Miksell v. United States |
Eighth Circuit |
2025-11-05 |
Denied |
Response WaivedIFP |
due-process evidence-sufficiency ineffective-assistance interstate-commerce jurisdiction sixth-amendment |
1. It is asked of this High Court as to whether the District
Court had jurisdiction under Gozales v Raich , 545 US 1 (2005)
to prosecute this case, … |
| 25-6023 |
Worldly Dieago Holstick v. United States |
Eleventh Circuit |
2025-11-04 |
Denied |
Response WaivedIFP |
constitutional-claims ineffective-assistance miller-el-precedent plea-voluntariness sentencing-guidelines threshold-inquiry |
Whether the lower courts violated this Court's precedent in Miller-El v. Cockrell, 537 U.S. 322 (2003), by collapsing the certificate-of-appealability… |
| 25A510 |
Terrance Carew v. Robert Morton |
Second Circuit |
2025-11-04 |
Application |
|
batson-violation fourteenth-amendment ineffective-assistance jury-selection racial-discrimination sixth-amendment |
Whether a criminal defense attorney's failure to demand a remedy for a proven Batson violation constitutes ineffective assistance of counsel when raci… |
| 25-6003 |
Quinn R. Turner v. United States |
Sixth Circuit |
2025-10-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance sixth-amendment |
Whether Mr. Turner's due process of law rights of the Fifth Amendment U.S. Constitution were violated by the district court failing to adjudicate the … |
| 25-5992 |
In Re Roger Larry McCluer |
|
2025-10-30 |
Denied |
IFP |
capital-murder constitutional-rights criminal-procedure habeas-corpus ineffective-assistance plea-bargaining |
1. WHETHER OR NOT COUNSEL'S ADVICE TO PETITIONER, TO FOREGO A TWENTY (20) YEAR PLEA OFFER, WHEN THE STATE THREATENED TO RE-VISIT THE "CAPITAL MURDER" … |
| 25-6001 |
Charles Chad Giese v. Edward Borla, Warden |
Ninth Circuit |
2025-10-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance miranda-rights prosecutorial-misconduct |
I. Did Trial Counsel Render Ineffective Assistance by Failing to present Evidence About the Psychological and Physical Effects of Methamphetamine and … |
| 25-5982 |
Bani Marcela Duarte v. Lavelle Parker, Acting Warden |
Ninth Circuit |
2025-10-29 |
Denied |
IFP |
due-process fair-trial ineffective-assistance prosecutorial-misconduct reasonable-doubt second-degree-murder |
I. Did the Prosecution Fail to Prove the Second Degree Murder Charge Beyond a Reasonable Doubt; Did Appellate Counsel Render Ineffective Assistance?
… |
| 25-5987 |
Francisco Javier Ochoa-Anaya v. United States |
Ninth Circuit |
2025-10-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion actual-innocence ineffective-assistance procedural-default sixth-amendment supreme-court-precedent |
QUESTON NUMBER ONE;
Whether the district court and the Ninth Circuit abused its discretion by holding that Ground One, actual-innocence claim as to hi… |
| 25A477 |
Amos Wells v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-10-27 |
Application |
|
death-penalty future-dangerousness genetic-evidence ineffective-assistance sixth-amendment strickland-standard |
Whether defense counsel's introduction of genetic predisposition evidence constitutes ineffective assistance of counsel under the Sixth Amendment when… |
| 25-5949 |
Matthew Johnson v. Oklahoma |
Oklahoma |
2025-10-24 |
Denied |
IFP |
constitutional-claims due-process eighth-amendment evidentiary-hearing fourteenth-amendment ineffective-assistance |
1. Whether the Oklahoma courts ' categorical refusal
to grant evidentiary hearings on colorable claims of
ineffective assistance of counsel, actual … |
| 25-5950 |
Adedayo Hakeem Sanusi v. United States |
Ninth Circuit |
2025-10-24 |
Denied |
Response WaivedIFP |
due-process fifth-amendment grand-jury-indictment ineffective-assistance plea-colloquy sixth-amendment |
1. Whether defense counsel renders constitutionally ineffective assistance under the Sixth Amendment when, for financial gain, he affirmatively lies t… |
| 25-5939 |
Michael Georgie Carson v. Michigan |
Michigan |
2025-10-22 |
Denied |
IFP |
criminal-procedure fourth-amendment ineffective-assistance probable-cause search-warrant sixth-amendment |
DOES THE MICHIGAN SUPREME COURT'S DECISION CONFLICT WITH THE U.S. SUPREME COURT'S CASELAW, WHEN THEY OVERTURNED THE MICHIGAN COURT OF APPEALS FINDING … |
| 25-474 |
Justin Baggett v. Texas |
Texas |
2025-10-17 |
Denied |
|
criminal-procedure due-process impeachment-evidence ineffective-assistance plea-agreement strickland-standard |
I. Whether trial counsel's failure to investigate and discover impeachment evidence against a key prosecution witness before a defendant accepts a ple… |
| 25A440 |
Meelad Dezfooli v. United States |
Ninth Circuit |
2025-10-17 |
Application |
|
counsel-of-choice criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment |
Whether the Sixth Amendment permits the denial of counsel of choice and the complete abandonment by appointed counsel constituting a violation of a cr… |
| 25A429 |
Tilon Lashon Carter v. Texas |
Texas |
2025-10-15 |
Application |
|
constitutional-rights death-row exculpatory-evidence ineffective-assistance postconviction-relief texas-criminal-procedure |
Whether the Texas Court of Criminal Appeals violated a death-row inmate's constitutional rights by denying postconviction relief without adequate cons… |
| 25-5894 |
Kenneth Lavigne v. Darrel Vannoy, Warden |
Fifth Circuit |
2025-10-15 |
Denied |
IFP |
habeas-corpus ineffective-assistance prejudice-analysis sixth-amendment strickland-standard time-barred |
Whether the Fifth Circuit violated the Sixth Amendment and this Court's precedent in Strickland v. Washington, 466 U.S. 668 (1984), Hill v. Lockhart, … |
| 25-5898 |
Jeremiah Bobb v. United States |
Ninth Circuit |
2025-10-15 |
Denied |
Response WaivedRelisted (2)IFP |
child-witness constitutional-rights evidentiary-error ineffective-assistance sixth-amendment strategic-decision |
A child-witness's initial interview with the authorities was recorded and the child un-equivocally stated that the Petitioner did not sexually assault… |
| 25-5871 |
Isaiah Stacy Alstad v. United States |
Eighth Circuit |
2025-10-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review conflict-of-interest constitutional-rights ineffective-assistance summary-dismissal |
QUESTON NUMBER ONE:
Whether the district court abused its discretion by Summarily
Dismissing Ground One, Conflict of Interest claim and did the Eight… |
| 25-5859 |
Wisconsin, ex rel. Paul M. Nigl v. Cheryl Eplett, Warden |
Wisconsin |
2025-10-10 |
Denied |
Response WaivedIFP |
due-process fourteenth-amendment habeas-corpus ineffective-assistance postconviction-relief wisconsin-statutes |
1. Whether the Wisconsin Court of Appeals unfairly blocked Petitioner access to his only remaining avenue for postconviction relief? |
| 25-5851 |
Christopher Lynn Johnson v. Pennsylvania |
Pennsylvania |
2025-10-09 |
Denied |
IFP |
burden-of-proof constitutional-error criminal-procedure due-process ineffective-assistance structural-error |
Does an attorney's failure to object to unconstitutional instructions that relieve the Commonwealth of its burden of disproving an accused's defense b… |
| 25-5842 |
Jorge Alberto Rodriguez v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-10-09 |
Rehearing |
Relisted (2)IFP |
constitutional-law criminal-appeal criminal-procedure ex-post-facto ineffective-assistance statutory-interpretation |
Question not identified. |
| 25A407 |
Michael Clayton Woodruff v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-10-08 |
Presumed Complete |
|
appellate-review collateral-crime-evidence constitutional-right habeas-corpus ineffective-assistance strickland-prejudice |
Whether an appellate court's de novo review of a trial court's Strickland prejudice determination can disregard the trial court's express factual find… |
| 25-426 |
Karu Gene White v. Laura Plappert, Warden |
Sixth Circuit |
2025-10-08 |
Denied |
|
constitutional-review federal-habeas habeas-corpus ineffective-assistance state-court-review supreme-court-precedent |
In connection with petitioner's capital sentencing proceeding, trial counsel failed to investigate and present voluminous, powerful mitigation evidenc… |
| 25A397 |
Obe E. Johnson v. Harry Feliciano-Maldonado, et al. |
First Circuit |
2025-10-07 |
Presumed Complete |
|
constitutional-claim due-process evidentiary-hearing ineffective-assistance sixth-amendment state-court-proceedings |
Whether a state court's failure to provide an evidentiary hearing on a potentially meritorious constitutional claim constitutes a violation of due pro… |
| 25-5805 |
Will Earnest Young, Jr. v. Iowa |
Iowa |
2025-10-06 |
Denied |
Response WaivedIFP |
constitutional-law criminal-appeal due-process ineffective-assistance sixth-amendment supremacy-clause |
Whether Iowa Code § 814.7 violates the Supremacy Clause of the United States Constitution. |
| 25-5806 |
Ricky Dixon v. United States |
Eleventh Circuit |
2025-10-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion actual-innocence evidentiary-hearing guilty-plea ineffective-assistance sixth-amendment |
Whether the district court abused its discretion and the Eleventh Circuit affirmance of the lower court's failure to conduct an Evidentiary Hearing as… |
| 25-5782 |
In Re Ramsey E. Clayter |
|
2025-10-02 |
Denied |
IFP |
due-process ineffective-assistance involuntary-servitude probable-cause sixth-amendment subject-matter-jurisdiction |
1. Whether court-appointed, counsel rendered ineffective assistance under the
Sixth Amendment where counsel (a) sought to secure a guilty plea agains… |
| 25-5765 |
Markeisha Elliott v. Shannon Olds, Warden |
Sixth Circuit |
2025-09-30 |
Denied |
IFP |
certificate-of-appealability due-process habeas-corpus ineffective-assistance jury-instructions sixth-amendment |
(l)(a) Whether the Sixth Circuit erred by denying a COA on the merits instead of deciding the
"threshold inquiry" of whether a Petitioner has raised … |
| 25A358 |
Donovan G. Davis, Jr. v. United States |
Eleventh Circuit |
2025-09-29 |
Presumed Complete |
|
certiorari-extension federal-prisoner ineffective-assistance law-library prison-conditions section-2255 |
Whether a federal prisoner can obtain relief under 28 U.S.C. § 2255 based on ineffective assistance of counsel when facing procedural barriers in acce… |
| 25A364 |
Jwan L. Hardin v. Indiana |
Indiana |
2025-09-29 |
Presumed Complete |
|
attorney-client constitutional-rights due-process guilty-plea ineffective-assistance sixth-amendment |
Whether an attorney's withholding of trial strategy information from a client violates the Fifth, Sixth, and Fourteenth Amendments by rendering a guil… |
| 25-5744 |
Anthony Balducci v. Jerry Spatny, Warden |
Sixth Circuit |
2025-09-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment |
I. Whether a hearing in which a defendant seeks to withdraw a guilty plea, made at his first opportunity and before sentencing, at which he asserts in… |
| 25-5729 |
Raylon Browning v. Georgia |
Georgia |
2025-09-25 |
Denied |
IFP |
constitutional-rights due-process ineffective-assistance pretrial-incarceration pro-se-representation speedy-trial |
Whether the trial court violated Browning's Sixth Amendment right to a speedy trial by failing to try his case within two complete court terms after h… |
| 25-5705 |
Jua Smith v. Delta Barometre, Superintendent, Otisville Correctional Facility |
Second Circuit |
2025-09-23 |
Denied |
IFP |
appellate-counsel counsel-disclosure habeas-corpus ineffective-assistance procedural-default writ-authorization |
a. Whether petitioner is entitled to have his habeas corpus petition disregarded if habeas counsel was not acting on behalf of the petitioner; and fai… |
| 25-5706 |
John Allen Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-09-23 |
Denied |
IFP |
criminal-procedure false-testimony fifth-circuit-review habeas-corpus ineffective-assistance napue-claim |
1. Did the Fifth Circuit err in refusing to certify the Napue claim, when it failed to reach punishment-phase harm and when it conflated the question … |
| 25A324 |
Juston D. Beyer v. United States |
Armed Forces |
2025-09-19 |
Presumed Complete |
|
court-martial due-process evidence-rule ineffective-assistance military-justice sexual-assault |
Whether the military judge's admission of testimony under Military Rule of Evidence 412 in a sexual assault court-martial violated the defendant's con… |
| 25-5677 |
Juan De Dios Alvarez-Romero v. United States |
Fifth Circuit |
2025-09-18 |
Denied |
Response WaivedIFP |
§-2255 direct-appeal evidentiary-hearing indigent-defendant ineffective-assistance pro-se-motion |
Whether, if an indigent and incarcerated defendant with minimal education and no ability to comprehend English, for the first time on direct appeal wi… |
| 25A313 |
Lairon Graham v. United States |
Second Circuit |
2025-09-18 |
Presumed Complete |
|
appeal-waiver certiorari due-process ineffective-assistance party-presentation second-circuit |
Whether an appellate court's sua sponte reliance on an unargued theory violates the party presentation principle and due process rights of a criminal … |
| 25-5673 |
Daquon Rollo Corrothers v. North Carolina |
North Carolina |
2025-09-18 |
Denied |
Response WaivedIFP |
curtilage fourth-amendment ineffective-assistance probable-cause search-and-seizure warrant |
The first Question Presented is whether the Fourth Amendment protects a citizen from a search of the curtilage surrounding his home, when that search … |
| 25-5653 |
Oren Lewis v. Brand Huffman, Superintendent, South Mississippi Correctional Institution |
Fifth Circuit |
2025-09-16 |
Denied |
Response WaivedIFP |
constitutional-rights exculpatory-evidence fair-trial ineffective-assistance juror-bias trial-counsel |
1. If PETITIONER WAS DEPRIVED OF A FAIR TRIAL BEFORE AN IMPARTIAL JURY BECAUSE A JUROR CONCEALED RELEVENT INFORMATION ABOUT HER RELATIONSHIPS WITH THE… |
| 25A293 |
Martin Renteria v. United States |
Fifth Circuit |
2025-09-15 |
Presumed Complete |
|
arrest-warrant criminal-procedure ineffective-assistance probable-cause search-warrant sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated when trial and appellate counsel failed to challenge potentially unc… |
| 25-5633 |
Mica Alexander Martinez v. Christe Quick, Warden |
Tenth Circuit |
2025-09-15 |
Denied |
IFP |
capital-sentencing due-process ineffective-assistance juror-unanimity prosecutorial-misconduct racial-bias |
Mica Martinez is a Native American steeped in Comanche culture. Mr. Martinez's defense counsel at trial warned the prosecution of putting on a "wild c… |
| 25-5630 |
Geneva Kristina Hudson v. United States |
Eighth Circuit |
2025-09-15 |
Denied |
Response WaivedIFP |
criminal-procedure evidentiary-hearing habeas-corpus ineffective-assistance plea-bargaining section-2255 |
1. Must a petitioner alleging ineffective assistance of counsel in advising whether to plead guilty demonstrate a predisposition to pleading guilty as… |
| 25-5621 |
Ja'Kroi Allen Banks v. Texas |
Texas |
2025-09-12 |
Denied |
IFP |
critical-stage due-process ineffective-assistance plea-withdrawal pro-se-defendant sixth-amendment |
Ja'Krai Banks filed an 11.07 on August 23, 2019. Banks received an affidavit from Private Investigator James McKay in March of 2020. Banks used McKay'… |
| 25-5608 |
Gary Jordan v. United States |
Tenth Circuit |
2025-09-11 |
Pending |
Response RequestedResponse WaivedRelisted (2)IFP |
collateral-review government-misconduct guilty-plea ineffective-assistance sixth-amendment structural-error |
I. Can a defendant collaterally attack his guilty plea via 28 U.S.C. § 2255 as
unconstitutional based on surreptitious pre-plea government misconduct
… |
| 25A275 |
Benjamin Jakes-Johnson v. United States |
Second Circuit |
2025-09-09 |
Presumed Complete |
|
appellate-review certificate-of-appealability constitutional-right ineffective-assistance prosecutorial-misconduct section-2255 |
Whether a district court's summary denial of a certificate of appealability without substantive analysis violates a criminal defendant's right to mean… |
| 25-5512 |
Robert Andrew Bartlett, Sr. v. North Carolina |
North Carolina |
2025-09-02 |
Denied |
IFP |
constitutional-rights counsel-claim criminal-procedure ineffective-assistance post-conviction-review state-law |
Whether a trial in a state criminal case who is prevented by state law from raising a claim of ineffective assistance of counsel, who has a state law … |
| 25-241 |
Jason Arthur Aho v. Florida |
Florida |
2025-08-29 |
Denied |
Response Waived |
evidence-suppression fourteenth-amendment fourth-amendment ineffective-assistance sixth-amendment strickland-standard |
I. Whether the trial court's summary denial of
Petitioner's facially sufficient ineffective
assistance of counsel claim without an
evidentiary hear… |
| 25-231 |
Jon Wynn Jarrard, Sr. v. Wilfredo Martell, Warden |
Fourth Circuit |
2025-08-28 |
Denied |
Response Waived |
confrontation-clause due-process false-testimony fourteenth-amendment ineffective-assistance sixth-amendment |
1. Was the conviction obtained through the use of what the Solicitor knew, or should have known to be false testimony, and did the Solicitor fail to c… |
| 25-5486 |
Bruce Anderson v. Kenneth Lizotte, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2025-08-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aedpa constitutional-claim federal-review habeas-corpus ineffective-assistance second-petition |
Whether Petitioner Bruce Anderson's new federal habeas petition, in which he claims to have received ineffective assistance from the court-appointed d… |
| 25-5484 |
Corey Blaine Coggins v. Eric Cox, Warden |
Eleventh Circuit |
2025-08-27 |
Denied |
IFP |
actual-innocence brady-violation habeas-corpus ineffective-assistance joint-defense-agreement prosecutorial-misconduct |
1. Did Coggins ' Public Defender 's (Weber) entering into a joint defense
agreement with Coggins ' co-defendant 's (Tabor) lawyer without Coggins '
… |
| 25A224 |
Thomas Mitchell Overton v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-08-26 |
Presumed Complete |
|
brady-disclosure dna-evidence habeas-corpus ineffective-assistance sixth-amendment standard-of-review |
Whether the Sixth Amendment right to effective assistance of counsel and Brady v. Maryland disclosure requirements are properly evaluated under the de… |
| 25A210 |
Samuel Peter McElmeel v. United States District Court for the Southern District of Iowa |
Eighth Circuit |
2025-08-21 |
Presumed Complete |
|
access-to-courts constitutional-rights email-preservation exculpatory-evidence ineffective-assistance pro-se |
Whether a pro se litigant's constitutional right to access to courts and preservation of potentially exculpatory evidence is violated by the impending… |
| 25-5428 |
Rodger D. Stevens v. Michael Miller, Warden |
Tenth Circuit |
2025-08-21 |
Denied |
IFP |
brady-violation due-process exculpatory-evidence habeas-corpus ineffective-assistance prosecutorial-misconduct |
1) How does a defendant obtain the evidence that proves his innocence when the prosecutor knowingly presents false evidence and refuses to turn over t… |
| 25-5399 |
Neda Mehrabani v. United States |
Ninth Circuit |
2025-08-19 |
Denied |
Response WaivedIFP |
constitutional-rights discovery-violation fifth-amendment ineffective-assistance medicare-billing sentencing |
Whether a Certificate of Appealability ("COA") should have been issued because I was denied a constitutional right to effective assistance of counsel … |
| 25-5396 |
Gregory K. Parks v. Jamie Bullard, Warden |
Fourth Circuit |
2025-08-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions trial-counsel |
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cinooSe. 4t> use leyA glSl&inct. 4o comply unM lU Rr$A rfme^AmenV
t^VA - jo pAVcrA "Me G… |
| 25-5386 |
Aurelias Marshall v. Adam Douglas, Warden |
Sixth Circuit |
2025-08-18 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-violation de-novo-review habeas-corpus ineffective-assistance jury-instruction procedural-default |
(1) Petitioner properly presented thirteen claims of constitutional
violations and sub-issues to each state court including the Michigan
Supreme Cou… |
| 25-5370 |
Kayle B. Bates v. Florida, et al. |
Florida |
2025-08-14 |
Denied |
IFP |
constitutional-violation cruel-unusual-punishment death-penalty ineffective-assistance neuropsychological-evidence sentencing-procedure |
After a questionable conviction, Kayle Bates has twice been sentenced to death. His first death sentence was reversed on collateral review for ineffec… |
| 25-5362 |
Nathaniel Blancher v. United States |
Eleventh Circuit |
2025-08-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure evidentiary-hearing guilty-plea ineffective-assistance plea-agreement |
Whether a guilty plea becomes knowing, intelligent, and voluntary when the plea agreement inaccurately describes the penalty provision of the statute … |
| 25-5322 |
Derrick Lloyd v. Robert Morton |
Second Circuit |
2025-08-11 |
Denied |
Response WaivedIFP |
appellate-review due-process ineffective-assistance race-testimony strickland-standard witness-impeachment |
Whether Certiorari should be granted to resolve a conflict between the Court of Appeals Second Circuit and the United States District Court, Eastern D… |
| 25-5317 |
Stephen Corey Bryant v. Joel Anderson, Acting Director, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2025-08-11 |
Denied |
IFP |
certificate-of-appealability habeas-corpus ineffective-assistance martinez-rule post-conviction-counsel procedural-default |
When a district court dismisses a federal habeas petition, a circuit court must issue a certificate of appealability for any claim in the petition who… |
| 25A166 |
Jason Elysse v. Florida |
Florida |
2025-08-07 |
Presumed Complete |
|
continuance-motion criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion |
Whether a criminal defendant's constitutional right to counsel is violated when a trial court denies a last-minute motion to substitute private counse… |
| 25A150 |
Maurice Cruz-Webster v. Brian Emig, Warden, et al. |
Third Circuit |
2025-08-05 |
Presumed Complete |
|
cumulative-error habeas-corpus ineffective-assistance procedural-default prosecutorial-misconduct strickland-standard |
Whether a state court's denial of a criminal defendant's ineffective assistance of counsel claim constitutes an unreasonable application of clearly es… |
| 25A143 |
Justin Baggett v. Texas |
Texas |
2025-08-05 |
Presumed Complete |
|
habeas-corpus impeachment-evidence ineffective-assistance no-contest-plea plea-bargain prosecutorial-misconduct |
Whether a defendant's no-contest plea precludes challenging a conviction based on undisclosed impeachment evidence about a key witness under United St… |
| 25-5281 |
Tony Lamons Gooch, III v. Tennessee |
Tennessee |
2025-08-05 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-rights double-jeopardy due-process ineffective-assistance structural-error |
I. "When a State court judgment is shown that counsel of record was ineffective during all three
phases of litigation including pre-trial, trial phas… |
| 25-5264 |
Craig Alan Sandhaus v. Florida |
Florida |
2025-08-04 |
Denied |
Response WaivedIFP |
fourteenth-amendment ineffective-assistance jury-instruction nondeadly-force sixth-amendment trial-counsel |
Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated when his trial attorneys failed to request a jury instruction on the just… |
| 25A125 |
Markeisha Elliott v. Shannon Olds, Warden |
Sixth Circuit |
2025-07-30 |
Presumed Complete |
|
criminal-procedure due-process ineffective-assistance jury-instructions murder-conviction sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel requires reversal of a murder conviction where trial counsel allegedly failed to … |
| 25-5216 |
Ricardo L. Noble v. Pennsylvania |
Pennsylvania |
2025-07-29 |
Denied |
IFP |
abuse-of-discretion counsel discretion drug-addiction ineffective-assistance legal-representation |
Did Court abuse discretion by Not agreeing With Fact that, at Juvenile Lifer appellant's Resentencing iN 2ol8, pesenten cing gudge Yecanted the only F… |
| 25-109 |
Hong Thu Nguyen v. Chris McBee, Warden, et al. |
Eighth Circuit |
2025-07-29 |
Denied |
|
arson certificate-of-appealability due-process habeas-corpus ineffective-assistance insurance-fraud |
Hong Thu Nguyen was charged with arson at two of her places of business. Over objection, the state presented financial evidence that after other busin… |
| 25-5210 |
Lisa Marie Perez, fka Lisa Marie Belyew v. Lavelle Parker, Warden |
Ninth Circuit |
2025-07-28 |
Denied |
Response WaivedIFP |
counsel-competence criminal-procedure due-process ineffective-assistance mental-coercion plea-bargaining |
1) wynether, bo etal a videdton of ritlaredl V. WashingIon, Aloo US. % (14) a defendant nust snow 'Anak dw was competent to tao mK Peo Wriroud Mantel … |
| 25-5200 |
Isaias Lopez Nunez v. Martin Gamboa, Warden |
Ninth Circuit |
2025-07-25 |
Denied |
Response WaivedIFP |
criminal-procedure ex-post-facto ineffective-assistance ninth-circuit procedural-default sentencing |
(1) Whether the California courts' and Ninth Circuit's rejection of an Ex Post Facto Clause claim—where a more punitive law was applied at sentencing,… |
| 25-99 |
William Thomas Hudson, III v. Michael Meisner, Warden |
Seventh Circuit |
2025-07-25 |
Denied |
Response Waived |
ineffective-assistance investigation-deficiency prejudice-standard right-to-counsel sixth-amendment strickland-test |
Whether a court evaluating an ineffective assistance of counsel claim may rely on the testimony of counsel who has failed to conduct an adequate inves… |
| 25A107 |
Mark H. Wilson v. Florida |
Florida |
2025-07-25 |
Presumed Complete |
|
certiorari ineffective-assistance legal-complexity pro-se supreme-court time-extension |
Whether the Florida Supreme Court's decision warrants review by the U.S. Supreme Court given the pro se petitioner's claims of ineffective assistance … |
| 25A101 |
John Allen Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-07-24 |
Presumed Complete |
|
capital-murder eighth-amendment false-testimony habeas-corpus ineffective-assistance sixth-amendment |
Whether the Eighth Amendment and Sixth Amendment require reversal of a capital murder conviction where trial counsel provided constitutionally ineffec… |
| 25A93 |
Kevin Don Foster v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-07-23 |
Presumed Complete |
|
constitutional-violations death-penalty eighth-amendment fourteenth-amendment ineffective-assistance sixth-amendment |
Question not identified. |
| 25-5173 |
Douglas Dean Welsh v. Bobbi Salamon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2025-07-22 |
Denied |
IFP |
confrontation-clause constitutional-violation cross-examination due-process ineffective-assistance search-warrant |
A. DID THE DISTRICT COURT ERROR IN RULING THAT PETITIONER'S
FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS, AND SIXTH AMENDMENT RIGHT TO
CONFRONTATION WAS… |
| 25-5164 |
Pierre Alexander Amerson v. Leslie Cooley Dismukes, Secretary, North Carolina Department of Adult Correction, et al. |
Fourth Circuit |
2025-07-22 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-representation due-process ineffective-assistance judicial-intervention plea-negotiations |
Whether A post-conviction attorney should have been stopped from proceeding with ex parte exploratory and ask a disproportionate, the subsequent given… |
| 25A80 |
Dimitry Kuperschmidt v. Jeff Angradi, Chief Probation Officer, et al. |
Third Circuit |
2025-07-21 |
Presumed Complete |
|
certificate-of-appealability constitutional-right due-process ineffective-assistance sixth-amendment strickland-standard |
Question not identified. |
| 25-5157 |
Juan T. Tyler v. Luis Martinez, Warden |
Ninth Circuit |
2025-07-21 |
Denied |
Response WaivedIFP |
attempted-murder due-process ineffective-assistance jury-instructions premeditation prosecutorial-misconduct |
I. Did the Prosecution Proved Beyond a Reasonable Doubt that the Shooter Premeditated and Deliberated an Attempted Murder?
II. Did the Trial Court De… |
| 25-5153 |
Steven Catlin v. Edward J. Silva, Acting Warden |
Ninth Circuit |
2025-07-21 |
Denied |
IFP |
death-penalty federal-review habeas-corpus ineffective-assistance mitigation-evidence voir-dire |
1. Was the state court's summary denial of Petitioner's habeas claims alleging defense counsel's failure to investigate, develop and present available… |
| 25-5125 |
Terrence Mack Booth v. Kevin McCoy, Warden |
Fourth Circuit |
2025-07-16 |
Denied |
IFP |
constitutional-right evidentiary-hearing fourth-circuit habeas-corpus ineffective-assistance procedural-default |
Did the Fourth Circuit err in deferring to the District Court's finding that the Petitioner was not prejudiced by his defense counsel's failure to rec… |
| 25A61 |
Mary E. Hill v. Consandra Jones |
Virginia |
2025-07-15 |
Presumed Complete |
|
attorney-client-relationship ineffective-assistance legal-malpractice pro-se-representation professional-misconduct writ-of-certiorari |
Whether an attorney's breach of professional duties and failure to file a writ of certiorari constitutes ineffective assistance of counsel warranting … |
| 25A58 |
Shawn Edward Shaffer v. James Hill, Warden |
Ninth Circuit |
2025-07-15 |
Presumed Complete |
|
certificate-of-appealability due-process habeas-corpus ineffective-assistance ninth-circuit state-conviction |
Whether a state court conviction can be challenged on federal habeas review based on claims of insufficient evidence, ineffective assistance of counse… |
| 25-5088 |
Lorenzo Elias Mendez v. United States |
Ninth Circuit |
2025-07-11 |
Denied |
Response WaivedRelisted (2)IFP |
child-pornography habeas-corpus ineffective-assistance legal-innocence statutory-interpretation video-voyeurism |
This Petition seeks an order granting a certificate of appealability or. in the alternative, plenary review of the following questions:
1) Whether re… |
| 25A52 |
Willie Roy Jenkins v. Texas |
Texas |
2025-07-11 |
Presumed Complete |
|
capital-murder dna-evidence due-process false-testimony habeas-corpus ineffective-assistance |
Whether the Fourteenth Amendment due process protections are violated when a state relies on false testimony and withholds exculpatory evidence to obt… |
| 25-5078 |
Lawrence J. Turner v. Wisconsin |
Wisconsin |
2025-07-10 |
Denied |
Response WaivedIFP |
counsel-performance direct-review ineffective-assistance issue-preservation legal-standard reasonableness-test |
Whether, in assessing direct-review counsel's performance based upon the omission of a preserved issue, lower courts should either apply the clearly s… |
| 25-5077 |
In Re Deryl Nelson |
|
2025-07-10 |
Dismissed |
Relisted (3)IFP |
arrest-warrant complaint-validity fourth-amendment ineffective-assistance judicial-hearing probable-cause |
The magistrate issued an arrest warrant without probable cause based on a complaint that was not sworn to but instead signed by an unknown person func… |
| 25-5076 |
Shomari Legghette v. Illinois |
Illinois |
2025-07-10 |
Denied |
Response WaivedIFP |
appellate-representation constructive-denial criminal-procedure due-process ineffective-assistance sixth-amendment |
I. Whether defense Counsel's absence at a critical stage constructively denied representation as guaranteed by the sixth amendment.
II. Whether appoi… |
| 25-5073 |
William Menter v. New Jersey |
New Jersey |
2025-07-10 |
Denied |
Response WaivedIFP |
cronic-standard due-process illegal-sentence ineffective-assistance state-court-decision strickland-standard |
1. Whether the state court's decision on Appellant's Illegal Sentence claims contrary to State v. Yarbough, 100 N.J. 627 (1985) and whether the Appell… |
| 25-5020 |
Dan L. Bozeman v. James R. Schiebner, Warden |
Sixth Circuit |
2025-07-02 |
Denied |
Response WaivedIFP |
due-process fourth-amendment ineffective-assistance probable-cause stone-v-powell warrantless-arrest |
Is A Defendant Considered To Be Given A Full And Fair Consideration Of A 4th Amendment Claim At Both "Trial" And "Direct Appeal" As Required By Stone … |
| 25A4 |
Karu Gene White v. Laura Plappert, Warden |
Sixth Circuit |
2025-07-01 |
Presumed Complete |
|
certiorari-standard federal-review habeas-corpus ineffective-assistance state-court-deference supreme-court-precedent |
Whether a federal habeas court may deny relief under 28 U.S.C. § 2254(d) based on hypothetical reasoning not actually used by the state court, and whe… |
| 25-5004 |
Delano Hale v. Bill Cool, Warden |
Sixth Circuit |
2025-07-01 |
Denied |
IFP |
capital-murder criminal-defense forensic-evidence ineffective-assistance strategic-decision strickland-standard |
In a capital murder case focused on the circumstances of the decedent's death, where forensic evidence is known to comprise the State's main evidence,… |
| 24-7499 |
Rodney Mesquias v. United States |
Fifth Circuit |
2025-06-25 |
Denied |
Response WaivedIFP |
certificate-of-appealability counsel-preparation ineffective-assistance judicial-standard post-conviction trial-continuance |
Whether the lower courts erred in applying the standard for determining a certificate of appealability in a post-conviction proceeding involving ineff… |
| 24-7497 |
Michael Marion Cotham v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2025-06-25 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights due-process faretta-right ineffective-assistance self-representation |
Whether the Arizona Court of Appeals' decision was 'contrary' to Faretta v. Arizona regarding termination of self-representation rights |
| 24-7496 |
Allen Odell Woods v. Keithe Turner, Warden |
Fifth Circuit |
2025-06-25 |
Denied |
Response WaivedIFP |
brady-violation constitutional-claim criminal-procedure ineffective-assistance prosecutorial-misconduct witness-impeachment |
Whether counsel's performance was constitutionally deficient in failing to raise Brady claims, locate key witnesses, impeach state witnesses, and chal… |
| 24-7495 |
Jose Mario Lopez Carrillo v. Karin Arnold, Superintendent, Stafford Creek Corrections Center, et al. |
Ninth Circuit |
2025-06-25 |
Rehearing |
Response WaivedRelisted (2)IFP |
brady-violation constitutional-rights due-process fourteenth-amendment ineffective-assistance sixth-amendment |
Whether ineffective assistance of counsel occurred when discovery was not properly provided and multiple constitutional rights were allegedly violated |
| 24-7477 |
Arnold Wayne McCartney v. Jonathan Frame, Superintendent, Mount Olive Correctional Complex |
Fourth Circuit |
2025-06-23 |
Denied |
Response WaivedIFP |
bifurcated-trial certificate-of-appealability counsel ineffective-assistance mercy-phase structural-error |
Did the Court of Appeals err in denying the Petitioner a certificate of appealability on his constitutional claim related to structural error and/or i… |
| 24A1258 |
Willie Dennis v. United States |
Second Circuit |
2025-06-20 |
Presumed Complete |
|
due-process faretta-right ineffective-assistance pro-se-representation procedural-standing right-to-counsel |
Whether a criminal defendant's constitutional right to self-representation and meaningful participation in his own appeal was violated by counsel's un… |
| 24-7446 |
Telly Royster v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2025-06-17 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus ineffective-assistance mental-health sixth-amendment |
Whether the failure to consider trial counsel's mental health issues in evaluating ineffective assistance of counsel violates the Sixth Amendment righ… |
| 24-7427 |
Phillip White v. Mark Agbaosi, Warden |
Georgia |
2025-06-16 |
Denied |
IFP |
actual-innocence constitutional-violations due-process habeas-corpus ineffective-assistance procedural-bar |
Whether Georgia's Habeas Corpus Act violates constitutional protections when procedural bars prevent meaningful review of a potentially wrongful convi… |
| 24-7401 |
Alvaro Quezada v. James Hill, Warden |
Ninth Circuit |
2025-06-11 |
Denied |
IFP |
brady-violation certificate-of-appealability habeas-corpus ineffective-assistance napue-claim state-court-review |
Did the Ninth Circuit's summary denial of a COA here so clearly misapply Glossip's mandate regarding Napue and Buck's modest standard for granting a C… |
| 24-7399 |
Lake Robinson v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-06-11 |
Denied |
Response WaivedIFP |
constitutional-law ex-post-facto fourteenth-amendment ineffective-assistance sixth-amendment stand-your-ground |
Whether defense counsel's failure to request a pretrial immunity hearing constitutes ineffective assistance of counsel under the Sixth and Fourteenth … |
| 24-7395 |
In Re Isaac Gray |
|
2025-06-10 |
Denied |
IFP |
brady-violation conflict-of-interest ineffective-assistance peremptory-challenges prosecutorial-misconduct trial-counsel |
Did the State court err in denying trial counsel's effectiveness in multiple instances, including challenging peremptory challenges, filing sentence m… |
| 24-7394 |
Edwin D. Calligan v. United States |
Seventh Circuit |
2025-06-10 |
Denied |
Response WaivedIFP |
certificate-of-appealability fourteenth-amendment ineffective-assistance judicial-disqualification procedural-grounds sixth-amendment |
Whether jurists of reason would find it debatable that a Certificate of Appealability (COA) should have been issued under Slack v. McDaniel after the … |
| 24-7389 |
Nathan Ray Foreman v. Texas |
Texas |
2025-06-10 |
Denied |
IFP |
appellate-counsel constitutional-rights due-process habeas-corpus ineffective-assistance jury-misconduct |
Whether the failure of initial appellate counsel to investigate jury misconduct arising from a juror's relationship with a co-defendant constitutes in… |
| 24-7378 |
Margarita Leanos v. Allen Dills, Warden |
Georgia |
2025-06-06 |
Denied |
IFP |
appellate-counsel constitutional-challenge discriminatory-evidence gang-membership ineffective-assistance witness-testimony |
Whether appellate counsel provided ineffective assistance by failing to challenge the admission of discriminatory gang membership evidence through a s… |
| 24A1201 |
Pleadro J. Scott v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-06-05 |
Presumed Complete |
|
constitutional-right habeas-corpus ineffective-assistance martinez-v-ryan post-conviction state-proceedings |
Whether Martinez v. Ryan creates a constitutional right for state prisoners to have counsel appointed in state post-conviction proceedings to effectiv… |
| 24-7344 |
Sheterria Lanelle Jackson v. Florida |
Florida |
2025-06-03 |
Denied |
Response WaivedIFP |
constitutional-rights due-process ineffective-assistance motion-to-suppress sixth-amendment trial-court |
Did the trial court err when it denied petitioner's claim that counsel was ineffective for failing to challenge evidence and for failing to file a mot… |
| 24-7329 |
Nicco-Kawon Pledger v. Massachusetts |
Massachusetts |
2025-05-30 |
Denied |
Response WaivedIFP |
due-process expert-testimony hearsay-evidence ineffective-assistance jury-instructions trial-procedure |
Whether counsel's failure to challenge the admissibility of expert testimony and hearsay evidence prejudicially impacted the defendant's right to a fa… |
| 24-7306 |
William Thomas Hill v. United States |
Eighth Circuit |
2025-05-29 |
Denied |
Response WaivedRelisted (2)IFP |
counsel-failure district-court evidentiary-hearing ineffective-assistance motion-to-suppress supreme-court-precedent |
Whether the district court abused its discretion by summarily denying ineffective assistance of counsel claims without conducting an evidentiary heari… |
| 24-7302 |
Sterling Atkins, Jr. v. Jeremy Bean, Warden, et al. |
Ninth Circuit |
2025-05-28 |
Denied |
IFP |
burden-of-proof criminal-procedure due-process ineffective-assistance strickland-standard trial-counsel |
Can a claim of ineffective assistance of counsel be denied on the basis of an alleged failure to show what trial counsel did rather than what they fai… |
| 24A1150 |
Stephen Corey Bryant v. Joel Anderson, Acting Director, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2025-05-27 |
Presumed Complete |
|
capital-punishment constitutional-rights death-penalty fourth-circuit habeas-corpus ineffective-assistance |
Whether the Fourth Circuit's denial of a death-sentenced prisoner's appeal violates his constitutional rights to effective assistance of counsel or du… |
| 24-7288 |
Quaid Akeem Cornell v. Roberto A. Arias, Warden |
Ninth Circuit |
2025-05-27 |
Denied |
IFP |
fourth-amendment group-detention ineffective-assistance investigative-stop reasonable-suspicion search-and-seizure |
May police officers detain and search all members of a group on grounds that the behavior of one person was suspicious, and is trial counsel constitut… |
| 24-7257 |
Alejandro R. Duarte v. Nebraska |
Nebraska |
2025-05-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure ineffective-assistance medical-evidence self-defense waiver |
Whether defense counsel's failure to offer medical evidence supporting a self-defense claim constitutes ineffective assistance of counsel, and whether… |
| 24-7199 |
Alcenios Martinez, aka Aucensio Lopez v. Texas |
Texas |
2025-05-14 |
Denied |
IFP |
constitutional-right counsel-appointment habeas-corpus ineffective-assistance state-review trial-procedure |
Is a defendant constitutionally entitled to the appointment of counsel for the initial review of an ineffective assistance of trial counsel claim in a… |
| 24-7194 |
Neil Aaron Carver v. Texas |
Texas |
2025-05-13 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance sentencing |
Whether ineffective assistance of counsel standards in capital cases apply equally to non-capital cases with severe sentencing ranges |
| 24-7193 |
Steven Douglas Rockett v. United States |
Ninth Circuit |
2025-05-13 |
Denied |
Response WaivedIFP |
due-process duplicitous-charge indictment-dismissal ineffective-assistance sixth-amendment vagueness |
Did the district court err in concluding that petitioner received effective assistance of counsel under the Sixth Amendment when petitioner's trial co… |
| 24-7190 |
Danny Lee Jones v. Ryan Thornell, Director, Arizona Department of Corrections |
Ninth Circuit |
2025-05-13 |
Dismissed |
IFP |
cumulative-prejudice habeas-corpus ineffective-assistance sixth-amendment strickland-standard trial-counsel |
Whether the Sixth Amendment requires a court reviewing an ineffective assistance-of-counsel claim to consider the cumulative prejudice stemming from t… |
| 24-7186 |
Albertico C. Cruz v. Texas |
Texas |
2025-05-13 |
Denied |
IFP |
anders-brief appellate-procedure constitutional-rights due-process ineffective-assistance pro-se-response |
Did the Eleventh Court of Appeals deny Petitioner's due process by ordering a pro se response under Anders when the appeal was not an Anders proceedin… |
| 24-7167 |
Derek Rogers v. United States |
Eighth Circuit |
2025-05-09 |
Denied |
Response WaivedIFP |
career-offender circuit-split controlled-substance-offense ineffective-assistance section-2255 sentencing-guidelines |
Whether a conviction under Colorado Revised Statute for a controlled substance offense can serve as a predicate for career offender designation under … |
| 24-1153 |
Corey Schirod Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2025-05-09 |
Denied |
|
criminal-sentencing habeas-corpus ineffective-assistance mitigating-evidence postconviction-relief strickland-standard |
Did the Eleventh Circuit Court of Appeals misapply Strickland, and its progeny, by failing to consider in its 'prejudice inquiry' the unrebutted, nonc… |
| 24-7142 |
Saad Hanna v. Kimberly A. Nelson, M.D., et al. |
Colorado |
2025-05-07 |
Denied |
Relisted (2)IFP |
constitutional-violation evidence-exclusion ineffective-assistance judicial-error jury-instructions racial-threat |
Whether the trial court erroneously used prejudicial language suggesting defendant's guilt during jury instructions and whether defense counsel was in… |
| 24-7156 |
Michael S. Main v. Illinois |
Illinois |
2025-05-07 |
Denied |
Response WaivedIFP |
defendant-rights ineffective-assistance judicial-recusal post-conviction preliminary-hearing procedural-due-process |
Whether a judge should have recused himself in a post-conviction petition, and whether a defendant has the right to an effective preliminary inquiry w… |
| 24-7144 |
Lamar Haymes v. Jack Stollsteimer, District Attorney of Delaware County, Pennsylvania |
Third Circuit |
2025-05-07 |
Denied |
IFP |
cause-requirement habeas-corpus ineffective-assistance martinez-rule post-conviction-relief procedural-default |
Does the narrow 'cause' requirement announced by this Court in Martinez v. Ryan preclude prisoners from establishing 'cause' for purposes of excusing … |
| 24-7145 |
Jeffery Day Rieber v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2025-05-06 |
Denied |
IFP |
capital-sentencing ineffective-assistance intent intoxication jury-trial sixth-amendment |
Did trial counsel render ineffective assistance of counsel by failing to pursue a theory of lack of intent due to intoxication and by not developing m… |
| 24A1069 |
Luis Fernando Puente v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-05-05 |
Presumed Complete |
|
ineffective-assistance legal-diligence pro-se-filing supreme-court-procedure time-extension writ-of-certiorari |
Whether a pro se prisoner's motion for extension of time to file a writ of certiorari should be granted when administrative errors and communication c… |
| 24-1127 |
Thomas E. Clardy v. Kenneth Nelsen, Warden |
Sixth Circuit |
2025-05-02 |
Denied |
Response Waived |
criminal-procedure due-process expert-testimony eyewitness-identification ineffective-assistance strickland-standard |
Does a criminal defense attorney perform deficiently under Strickland v. Washington when failing to present expert testimony about the reliability pro… |
| 24-7086 |
Bakari Abdul Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-29 |
Denied |
IFP |
appellate-conflict constitutional-law criminal-procedure ineffective-assistance prior-conviction trial-strategy |
Whether a conflict exists among appellate courts regarding trial counsel's effectiveness when invoking Old Chief to mitigate prejudicial prior felony … |
| 24-7083 |
Raul Otero Cazares v. Jason Johnson, Director, Division of Adult Parole Operations, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2025-04-28 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-precedent criminal-procedure de-novo-review habeas-corpus ineffective-assistance |
Whether the lower courts erred by holding that any imagined reason for counsel's conduct rendered said conduct beyond review, even on de novo review a… |
| 24-7065 |
Donald J. Englert, II v. Reginald Bishop, Superintendent, Five Points Correctional Facility |
Second Circuit |
2025-04-23 |
Denied |
Relisted (2)IFP |
aedpa due-process habeas-corpus ineffective-assistance procedural-error state-court |
Whether a state court's denial of a hearing on an ineffective assistance of counsel claim can amount to an unreasonable determination of facts under A… |
| 24-7063 |
Randy W. Duck v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2025-04-23 |
Denied |
Response WaivedIFP |
eighth-circuit ineffective-assistance juror-impartiality jury-bias prosecutorial-bias trial-counsel |
Whether the Eighth Circuit erred in deferring to lower court findings regarding trial counsel's failure to remove a potentially biased juror who serve… |
| 24-7049 |
Michael Fimbres v. O'Brian Bailey, Acting Warden |
Ninth Circuit |
2025-04-22 |
Denied |
Response WaivedIFP |
constitutional-review federal-review habeas-corpus ineffective-assistance state-court-decision statutory-interpretation |
Did the Ninth Circuit step outside the bounds of § 2254(d) by considering reasons not found in the CCA's reasoned opinion to determine the reasonablen… |
| 24-7037 |
Marlon Edgardo Siguenza v. Fidencio N. Guzman, Warden |
Ninth Circuit |
2025-04-21 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-claim habeas-corpus ineffective-assistance judicial-review post-traumatic-stress-disorder |
Did the Ninth Circuit's unreasoned denial of even a COA here so clearly misapply Buck's modest standard as to call for summary reversal? |
| 24-7036 |
Jose Padilla-Galarza v. United States |
First Circuit |
2025-04-21 |
Denied |
Response WaivedIFP |
brady-violation certificate-of-appealability due-process ineffective-assistance prosecutorial-misconduct strickland-standard |
Whether the denial of a Certificate of Appealability (COA) by the First Circuit conflicts with Slack v. McDaniel and involves substantial constitution… |
| 24-7030 |
Moises Sandoval Mendoza v. Texas |
Texas |
2025-04-18 |
Denied |
IFP |
constitutional-rights criminal-defendant habeas-corpus ineffective-assistance state-law trial-counsel |
Whether a criminal defendant has a right to effective habeas counsel to assert a claim of ineffective assistance of trial counsel where, by operation … |
| 24-6989 |
Darrel Eston Lee v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2025-04-15 |
Denied |
IFP |
habeas-corpus ineffective-assistance mitigation-investigation post-conviction-relief strickland-standard williams-v-taylor |
Did the lower federal courts violate the rule of Williams v. Taylor by attributing fault for not developing factual support of a claim in state court … |
| 24-7003 |
Hale R. Harris v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-04-15 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-violation criminal-procedure habeas-corpus ineffective-assistance plea-bargaining sixth-amendment |
Does a finding of ineffective assistance of counsel require a remedy to the constitutional violation? |
| 24-1071 |
Jose Angel Garcia v. New Mexico, et al. |
New Mexico |
2025-04-10 |
Denied |
Response Waived |
criminal-procedure ineffective-assistance jury-instruction medical-evidence sixth-amendment trial-counsel |
Whether Petitioner Garcia's Sixth Amendment right to counsel was deprived by his trial attorney's failure to present exculpatory evidence and challeng… |
| 24-6950 |
Daontae T. Scott v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-04-09 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment |
Whether trial counsel's failure to investigate and procure exculpatory security camera footage abrogates the appellant's Sixth and Fourteenth Amendmen… |
| 24-1063 |
Munson P. Hunter, III v. United States |
Fifth Circuit |
2025-04-08 |
Granted |
Amici (7)Response RequestedResponse WaivedRelisted (3) |
appeal-waiver appellate-procedure circuit-split constitutional-challenge ineffective-assistance sentencing-rights |
Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds th… |
| 24-6933 |
Mikal Mahdi v. Bryan Stirling, Director, South Carolina Department of Corrections |
South Carolina |
2025-04-08 |
Denied |
IFP |
capital-punishment childhood-trauma death-penalty ineffective-assistance mitigating-evidence sixth-amendment |
Whether a capital defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to fully investigate and p… |
| 24-6947 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2025-04-08 |
Denied |
IFP |
criminal-procedure discovery-violation due-process habeas-corpus ineffective-assistance sixth-amendment |
Whether a trial court's failure to provide counsel with adequate time to review discovery materials and prepare a defense constitutes a substantial vi… |
| 24-6926 |
Elijah Bankston, aka Tommy Lee v. Florida |
Florida |
2025-04-03 |
Denied |
Response WaivedIFP |
appellate-procedure due-process habeas-corpus ineffective-assistance jury-separation manifest-injustice |
Whether appellate counsel's failure to challenge jury separation constitutes ineffective assistance of counsel and a manifest injustice under Strickla… |
| 24-6907 |
Oscar Omar Lobo-Lopez v. United States |
Fourth Circuit |
2025-04-02 |
Denied |
Response WaivedIFP |
compassionate-release criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment |
Whether the Sixth Amendment right to counsel extends to critical stages of criminal proceedings such as compassionate release when counsel fails to pr… |
| 24-6917 |
Edmond Stanley Adams, III v. South Carolina |
South Carolina |
2025-04-02 |
Denied |
Response WaivedIFP |
appellate-review constitutional-claim criminal-procedure due-process ineffective-assistance subject-matter-jurisdiction |
Whether the S.C. Supreme Court erred by barring Petitioners' Federal Factual predicate that he was denied effective assistance of counsel |
| 24-6888 |
Russell Wayne Driver v. United States |
Fifth Circuit |
2025-03-31 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-error fifth-circuit habeas-corpus ineffective-assistance sentencing-claim |
Whether the Fifth Circuit's denial of a certificate of appealability for a §2255 claim of ineffective assistance of counsel is irreconcilable with con… |
| 24-1032 |
Kay Ellison v. United States |
Third Circuit |
2025-03-28 |
Denied |
Response Waived |
constitutional-right due-process habeas-corpus ineffective-assistance prejudice-test strickland-standard |
Is the loss of the opportunity to present an affirmative case due to Constitutionally-deficient representation during trial the loss of a 'proceeding'… |
| 24-1034 |
Ulysses Charles Sneed v. Terry Raybon, Warden |
Eleventh Circuit |
2025-03-28 |
Denied |
|
certificate-of-appealability circuit-split habeas-corpus ineffective-assistance merits-review sixth-amendment |
Did the court of appeals err in denying petitioner's application for a COA as to his constitutional habeas claims where (i) a circuit judge found that… |
| 24-6876 |
Ishmael Anthony Peters v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2025-03-27 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-claim federal-review habeas-corpus ineffective-assistance strickland-standard |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his ineffective assistance o… |
| 24-6880 |
Charles Christopher Wendell v. Florida |
Florida |
2025-03-27 |
Denied |
IFP |
due-process fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment witness-impeachment |
Whether failure to adequately impeach a witness, challenge other crimes evidence, investigate witnesses, request medical examination, and object to pr… |
| 24-6850 |
Philip Jude Moran v. Florida |
Florida |
2025-03-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance post-conviction-relief sixth-amendment strickland-standard |
Whether the state appellate court misapplied the Strickland prejudice standard when affirming the denial of Petitioner Moran's ineffective assistance … |
| 24-6853 |
Brett A. Sinkevitch v. Jamie Miller, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2025-03-25 |
Denied |
IFP |
certificate-of-appealability constitutional-right habeas-corpus ineffective-assistance insufficient-evidence ninth-circuit |
Did the Ninth Circuit err in denying a COA where a substantial showing of the denial of a constitutional right was demonstrated because reasonable jur… |
| 24-6830 |
Khalid Alboushari v. United States |
Second Circuit |
2025-03-24 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process ineffective-assistance sentencing-guidelines |
Whether the Second Circuit erred in affirming a 92-month sentence without properly considering mitigating factors and procedural unreasonableness |
| 24-6834 |
Kimeo Delmar Conley v. Tami J. Schult |
Seventh Circuit |
2025-03-24 |
Denied |
IFP |
actual-innocence constitutional-rights due-process habeas-corpus ineffective-assistance procedural-default |
Whether a state court's denial of a habeas petition based on procedural default can be overcome by a showing of actual innocence |
| 24-6822 |
Jorge Almeida v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-03-21 |
Denied |
Response WaivedIFP |
due-process ineffective-assistance insanity-defense mens-rea mental-disease specific-intent |
Whether trial counsel provided ineffective assistance by conceding guilt instead of presenting an insanity defense and whether due process was violate… |
| 24-6807 |
Carl P. Palladinetti v. United States |
Seventh Circuit |
2025-03-20 |
Denied |
Response WaivedIFP |
constitutional-significance court-of-appeals criminal-procedure due-process ineffective-assistance section-2255 |
Whether the Seventh Circuit Court of Appeals denial of Mr. Palladinetti's COA filing represents an issue of constitutional significance worthy of Supr… |
| 24-6815 |
Tanner Lance King v. United States |
Fifth Circuit |
2025-03-20 |
Denied |
Response WaivedIFP |
§2255-claim appellate-review certificate-of-appealability constitutional-error ineffective-assistance plea-negotiation |
Whether the Fifth Circuit's denial of a certificate of appealability for a §2255 claim of ineffective assistance of counsel during plea negotiations w… |
| 24-6787 |
Ralph Reed v. Delaware |
Delaware |
2025-03-18 |
Denied |
IFP |
constitutional-claims criminal-rule-61 due-process habeas-corpus ineffective-assistance postconviction-relief |
Whether the Superior Court's denial of Reed's postconviction relief motion under Delaware Superior Court Criminal Rule 61 was an abuse of discretion v… |
| 24-6797 |
Silas Bernard Peterson v. United States |
Ninth Circuit |
2025-03-18 |
Denied |
Response WaivedIFP |
categorical-analysis circumstance-specific-analysis criminal-procedure ineffective-assistance sex-offender-registration SORNA |
QP: Did the district court err when it used a circumstance-specific analysis to determine that the petitioner's state conviction subjected him to sex … |
| 24-6767 |
Brandon Green v. United States |
Second Circuit |
2025-03-14 |
Denied |
Response WaivedIFP |
constitutional-rights due-process ineffective-assistance judicial-recusal pro-se-defendant sixth-amendment |
Whether a federal district judge's refusal to recuse himself after making prejudicial statements, displaying hostility toward a pro se defendant, and … |
| 24-6756 |
Marcus Leshun Sargent v. Texas |
Texas |
2025-03-12 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection extraneous-offense ineffective-assistance |
Whether the admission of extraneous sexual offense evidence violated the petitioner's due process and equal protection rights, and constituted ineffec… |
| 24-939 |
Kendall Streb v. United States |
Eighth Circuit |
2025-03-03 |
Denied |
Response Waived |
certificate-of-appealability habeas-corpus ineffective-assistance plea-bargaining reasonable-jurists sentencing-guidelines |
Is the 'reasonable jurists' test being administered faithfully and consistently across federal circuits, and do Lafler, Frye, and Padilla precedents r… |
| 24-6668 |
Chad Alan Lee v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2025-02-27 |
Denied |
IFP |
agency-relationship federal-habeas ineffective-assistance post-conviction-relief procedural-default state-court-exhaustion |
Whether attorney abandonment in state PCR proceedings excuses a petitioner's failure to develop factual basis of a claim under 28 U.S.C § 2254(e)(2) |
| 24-928 |
Zackery Terrell v. Texas |
Texas |
2025-02-26 |
Denied |
Response Waived |
constitutional-rights cruel-unusual-punishment eighth-amendment ineffective-assistance sixth-amendment suggestion-of-reconsideration |
Whether the denial of the Applicant's Suggestion of Reconsideration violates the Eighth Amendment protection against cruel and unusual punishment and … |
| 24-910 |
Charles Ray Crawford v. Burl Cain, Commissioner, Mississippi Department of Corrections, et al. |
Fifth Circuit |
2025-02-24 |
Denied |
|
ake-standard due-process ineffective-assistance insanity-defense mental-health-expert sixth-amendment |
Whether the trial court violated Ake v. Oklahoma by imposing preconditions on expert mental health assistance for an indigent criminal defendant raisi… |
| 24-6549 |
Jesse Guardado v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-02-12 |
Denied |
IFP |
certificate-of-appealability eleventh-circuit ineffective-assistance jury-selection martinez-rule strickland-standard |
Whether the Eleventh Circuit's analysis of ineffective assistance of counsel during jury selection violated Strickland v. Washington standards and whe… |
| 24-6550 |
Paul A. Brown v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2025-02-12 |
Rehearing |
Relisted (2)IFP |
constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance strickland-standard |
Whether the Third Circuit misapplied Strickland and Slack standards in denying Brown's ineffective assistance of counsel claim when substantial eviden… |
| 24-6538 |
Andrew E. Hoffman v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-02-11 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability due-process evidentiary-hearing habeas-corpus ineffective-assistance |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim of ineffective ass… |
| 24-6542 |
William Michael Dennis v. Chance Andes, Acting Warden |
Ninth Circuit |
2025-02-11 |
Denied |
Response WaivedIFP |
due-process ineffective-assistance insanity-defense mental-state strickland-standard trial-counsel |
Whether the Court of Appeals incorrectly found trial counsel ineffective when failing to present a mental state and insanity defense |
| 24A776 |
Michael Fimbres v. O'Brian Bailey, Acting Warden |
Ninth Circuit |
2025-02-11 |
Presumed Complete |
|
gang-expert-testimony habeas-corpus ineffective-assistance prejudice-prong sixth-amendment strickland-standard |
Whether the Sixth Amendment requires a finding of prejudice under Strickland v. Washington when assessing ineffective assistance of counsel claims in … |
| 24-6527 |
Hazhar A. Sayed v. Gilbert Caley, Warden, et al. |
Tenth Circuit |
2025-02-10 |
Denied |
IFP |
competency-hearing criminal-procedure due-process ineffective-assistance pro-se-litigant self-defense |
Whether the trial court violated Mr. Saved's procedural and substantive due process rights by failing to hold a competency hearing and allowing him to… |
| 24-842 |
Adam Cole Shryock v. Colorado, ex rel. Philip J. Weiser, Attorney General of Colorado |
Colorado |
2025-02-07 |
Denied |
Response Waived |
contempt-proceedings due-process first-amendment ineffective-assistance prior-restraint sentencing-consequences |
Whether the permanent injunction issued against Petitioner violated his First Amendment rights by constituting an unconstitutional prior restraint on … |
| 24A770 |
Violet Love Ray v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2025-02-07 |
Presumed Complete |
|
appellate-review certificate-of-appealability constitutional-rights habeas-corpus ineffective-assistance judicial-standard |
Whether a federal court of appeals may deny a certificate of appealability when state appellate judges have divided on the merits of a petitioner's co… |
| 24-6492 |
Rufus Young v. Florida |
Eleventh Circuit |
2025-02-06 |
Denied |
Response WaivedIFP |
de-novo-review evidentiary-hearing habeas-corpus ineffective-assistance mandamus-petition probable-cause |
Does a district court abuse its discretion when it denies a habeas petitioner an evidentiary hearing where the state record remains undeveloped, where… |
| 24-6494 |
Brandon Green v. United States |
Second Circuit |
2025-02-06 |
Denied |
Response WaivedIFP |
brady-violation constitutional-stop-and-frisk due-process ineffective-assistance prosecutorial-misconduct sixth-amendment |
Whether the Second Circuit's affirmation of Mr. Green's conviction, despite overwhelming evidence of prosecutorial misconduct, violates due process an… |
| 24-6472 |
Willie R. Burgess, Jr. v. Alabama |
Alabama |
2025-02-05 |
Denied |
IFP |
capital-murder death-penalty expert-testimony ineffective-assistance post-conviction-relief strickland-standard |
Under the extreme circumstances of this case, can a state court deny a Strickland claim on the merits without conducting an evidentiary hearing? |
| 24-826 |
Stacey Ian Humphreys v. Shawn Emmons, Warden |
Eleventh Circuit |
2025-02-04 |
Denied |
Relisted (8) |
aedpa cause-and-prejudice federal-review habeas-corpus ineffective-assistance procedural-default |
Whether a federal court must apply the deferential review provisions of AEDPA to the state court's adjudication of an ineffective assistance of counse… |
| 24A755 |
Steven M. Hohn v. United States |
Tenth Circuit |
2025-02-04 |
Presumed Complete |
|
attorney-client-communications ineffective-assistance prosecutorial-misconduct right-to-counsel sixth-amendment trial-prejudice |
Whether the Sixth Amendment prohibits prosecutorial intrusion into attorney-client communications without requiring a showing of discrete, trial-speci… |
| 24-6442 |
Steven Lawayne Nelson v. Texas |
Texas |
2025-02-03 |
Denied |
IFP |
adequate-state-grounds federal-law ineffective-assistance postconviction-relief sixth-amendment state-habeas |
Whether a state court's unexplained denial of a postconviction relief application can be presumed to lack adequate and independent state grounds when … |
| 24-821 |
Richard L. Lewis v. Brian Emig, Warden, et al. |
Third Circuit |
2025-02-03 |
Denied |
|
appellate-counsel constitutional-challenge direct-appeal evidence-suppression fourth-amendment ineffective-assistance |
Whether Mr. Lewis's state court appellate counsel was ineffective for failing to present obvious and significant constitutional challenges to the admi… |
| 24-6426 |
Carlin U. Powell v. Jay Forshey, Warden |
Sixth Circuit |
2025-01-30 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-violation dna-evidence evidence-tampering ineffective-assistance interstate-detainer perjury |
Whether state prosecutors and witnesses can commit perjury and evidence tampering without constitutional consequences |
| 24-6433 |
Jesus C. Gonzalez v. Dan Cromwell, Warden |
Seventh Circuit |
2025-01-30 |
Denied |
Response WaivedIFP |
due-process federal-claim ineffective-assistance merits-adjudication procedural-default state-court |
Whether a defendant who raises only a federal due process claim in state court proceedings has given state courts an opportunity to act on his claim p… |
| 24A744 |
Leonard Harris v. Nakita Ross, et al. |
Fourth Circuit |
2025-01-29 |
Presumed Complete |
|
capital-sentencing criminal-procedure exculpatory-evidence ineffective-assistance right-to-counsel sixth-amendment |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when counsel fails to adequately investigate and p… |
| 24-797 |
Scott Speer, Superintendent, Stafford Creek Corrections Center, et al. v. Jeffrey Weller, et al. |
Ninth Circuit |
2025-01-27 |
Denied |
Response Waived |
aedpa-standard federal-review habeas-corpus ineffective-assistance ninth-circuit-review state-court-adjudication |
Whether the state courts adjudicated the merits of an ineffective assistance of counsel claim for purposes of 28 U.S.C. § 2254(d) when expressly citin… |
| 24-6383 |
Christian Ricker v. Indiana |
Indiana |
2025-01-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance post-conviction prosecutorial-misconduct |
Whether the state appellate court's ruling on a criminal defendant's post-conviction claims of prosecutorial misconduct and ineffective assistance of … |
| 24-6373 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2025-01-23 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining sixth-amendment |
Does a criminal defendant's plea of guilty preclude an ineffective assistance of counsel claim when counsel's performance falls below an objective sta… |
| 24-6374 |
James Clifford Goodwin, III v. United States |
Ninth Circuit |
2025-01-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion congressional-intent constitutional-challenge ex-post-facto ineffective-assistance restitution |
Whether it is an abuse of discretion to impose a judgment that does not adhere to congressional mandates or statutes when the defendant committed an o… |
| 24-6376 |
Marion Bowman, Jr. v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. |
South Carolina |
2025-01-23 |
Denied |
IFP |
capital-sentencing constitutional-rights criminal-trial due-process ineffective-assistance racial-bias |
Did trial counsel provide prejudicially deficient assistance of counsel by repeatedly introducing and amplifying noxious racial stereotypes about Bowm… |
| 24A713 |
Matthew Lee Flowers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-01-22 |
Presumed Complete |
|
confrontation-clause constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to adequately investigate… |
| 24-6354 |
Shelben T. Curtis v. Ron Neal, Warden |
Seventh Circuit |
2025-01-22 |
Denied |
Response WaivedIFP |
ineffective-assistance jury-instruction retroactive-application sixth-amendment sudden-heat voluntary-manslaughter |
Whether the lower courts unreasonably applied Brantley retroactively when deciding if counsel's ineffectiveness denied Sixth Amendment rights due to i… |
| 24A708 |
Donald J. Englert, II v. Reginald Bishop, Superintendent, Five Points Correctional Facility |
Second Circuit |
2025-01-17 |
Presumed Complete |
|
constitutional-challenge evidentiary-hearing federal-review habeas-corpus ineffective-assistance supreme-court-precedent |
Whether a state court's denial of an evidentiary hearing in a habeas corpus proceeding constitutes an unreasonable determination of facts under 28 U.S… |
| 24-6322 |
Todd Erling Becker v. United States |
Eleventh Circuit |
2025-01-16 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure eleventh-circuit habeas-corpus ineffective-assistance |
Did the Eleventh Circuit erroneously apply the certificate of appealability standard in denying Petitioner's 28 U.S.C. § 2255 claims |
| 24-6328 |
Donald East v. Marty Jackley, Attorney General of South Dakota, et al. |
Eighth Circuit |
2025-01-16 |
Denied |
IFP |
actual-innocence criminal-conviction exculpatory-evidence guilty-plea habeas-relief ineffective-assistance |
Whether a factual basis supporting a criminal conviction can be verifiably false and still result in a valid conviction; whether an attorney accepting… |
| 24-760 |
Ryan T. Thornton v. Circuit Court of Wisconsin, Racine County |
Wisconsin |
2025-01-16 |
Denied |
Response Waived |
appellate-counsel habeas-corpus ineffective-assistance procedural-error supreme-court-review writ-of-certiorari |
Did the Supreme Court and Wisconsin courts err in denying Ryan Thornton's multiple petitions and appeals related to ineffective assistance of appellat… |
| 24-6308 |
LaDon Maurice Green v. Florida |
Florida |
2025-01-15 |
Denied |
IFP |
constitutional-claim counsel-performance direct-appeal ineffective-assistance judicial-review post-conviction-relief |
Whether the Florida Supreme Court has the authority to review a claim of ineffective assistance of counsel after a direct appeal when the claim was no… |
| 24A694 |
Jonathon William-Durand Neuhard v. United States |
Sixth Circuit |
2025-01-15 |
Presumed Complete |
|
certificate-of-appealability child-pornography habeas-corpus ineffective-assistance sentencing-mitigation sixth-circuit |
Whether the Sixth Circuit applied the correct standard for ineffective assistance of counsel claims in denying a certificate of appealability for a ha… |
| 24-6303 |
Javarus T. Leach v. Illinois |
Illinois |
2025-01-14 |
Denied |
IFP |
appellate-review constitutional-rights due-process ineffective-assistance post-conviction prosecutorial-misconduct |
Question not identified. |
| 24-748 |
John Xavier Portillo v. United States |
Fifth Circuit |
2025-01-14 |
Denied |
Response WaivedRelisted (2) |
appellate-counsel constitutional-claim ineffective-assistance legal-error procedural-review strickland-standard |
Whether a court must review the merits of an omitted appellate issue before determining ineffective assistance of appellate counsel under Strickland |
| 24-6275 |
Johnny Hamilton v. Georgia |
Georgia |
2025-01-13 |
Denied |
Relisted (2)IFP |
brady-violation constitutional-protection due-process ineffective-assistance judicial-emergency reckless-conduct |
Does Georgia's reckless conduct statute provide adequate notice of prohibited conduct and raise constitutional concerns under due process and Brady v.… |
| 24-6248 |
Kenneth Brown v. Robert Adams, Jr., Warden |
Sixth Circuit |
2025-01-08 |
Denied |
Relisted (2)IFP |
criminal-homicide due-process fourteenth-amendment ineffective-assistance proximate-causation sixth-amendment |
Whether trial counsel was ineffective for failing to request a jury instruction on proximate causation in a criminal homicide case and whether conflic… |
| 24-6254 |
Ryan Galal VanDyck v. United States |
Ninth Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
constitutional-rights email-privacy fourth-amendment ineffective-assistance probable-cause warrantless-search |
Did the lower courts err by concluding that trial counsel was strategic to abandon a Fourth Amendment challenge to a warrantless email search, especia… |
| 24-6228 |
Fuhai Li v. United States |
Third Circuit |
2025-01-02 |
Denied |
Response WaivedIFP |
actual-innocence aedpa constitutional-violation habeas-corpus ineffective-assistance mandate-recall |
Whether a court of appeals can recall its mandate to revisit the merits of a prior decision when a petitioner demonstrates actual innocence and a fede… |
| 24-6229 |
Terrell Jason Armstrong v. United States |
Eighth Circuit |
2025-01-02 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-claims district-court eighth-circuit evidentiary-hearing ineffective-assistance |
Whether the district court erred in summarily denying an evidentiary hearing on claims of ineffective assistance of counsel and whether the Eighth Cir… |
| 24A649 |
Cristian M. Loga-Negru v. Wisconsin |
Wisconsin |
2024-12-31 |
Presumed Complete |
|
ineffective-assistance jurisdiction newly-discovered-evidence plea-withdrawal postconviction-motions pro-se |
Whether a criminal defendant's pro se postconviction motions challenging jurisdiction and plea withdrawal based on alleged ineffective assistance of c… |
| 24-6209 |
Edvin Santiagomazariegos v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-12-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance sixth-amendment supreme-court-precedent |
Whether trial counsel's performance deprived Petitioner of his Sixth Amendment right to effective assistance of counsel as made applicable by the Four… |
| 24-6207 |
Daniel Cohen v. James Hill, Warden |
Ninth Circuit |
2024-12-27 |
Denied |
Response WaivedIFP |
constitutional-law due-process habeas-corpus ineffective-assistance mental-health-expert state-court-review |
Whether a state court's denial of funds for a mental health expert and refusal to hold a hearing on ineffective assistance of counsel constitutes an u… |
| 24-6194 |
Donald E. Deardorff v. Terry Raybon, Warden |
Eleventh Circuit |
2024-12-26 |
Denied |
IFP |
capital-murder circumstantial-evidence confrontation-clause habeas-corpus ineffective-assistance strickland-standard |
Does the Eleventh Circuit's opinion substantially conflict with Supreme Court precedent by failing to consider and weigh circumstantial evidence again… |
| 24-6199 |
Leon Paul Kavis, Jr. v. United States |
Ninth Circuit |
2024-12-26 |
Denied |
Response WaivedIFP |
appeal-consultation certificate-of-appealability constitutional-duty flores-ortega ineffective-assistance trial-counsel |
Could reasonable jurists debate that trial counsel's constitutional duty to consult with a defendant on whether to file an appeal pursuant Rose v. Flo… |
| 24-6191 |
David Godwin Frank v. United States |
Tenth Circuit |
2024-12-23 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review coram-nobis ineffective-assistance judicial-precedent procedural-delay writ-of-error |
Whether the Tenth Circuit's ruling denying a writ of error coram nobis based on delay and lack of diligence is irreconcilable with controlling precede… |
| 24-6160 |
Benjamin Escobedo v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-18 |
Denied |
IFP |
appeal-review constitutional-rights double-jeopardy due-process fifth-circuit ineffective-assistance |
Did the Fifth Circuit err in denying Escobedo's constitutional rights and ineffective assistance of counsel claims? |
| 24A602 |
Zackery Terrell v. Texas |
Texas |
2024-12-18 |
Presumed Complete |
|
criminal-procedure eighth-amendment ineffective-assistance plea-bargain right-to-counsel sentencing-guidelines |
Whether ineffective assistance of counsel occurs when a criminal defense attorney provides misinformation about plea bargains, fails to appeal the suf… |
| 24A603 |
Christopher Thomas v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-12-18 |
Presumed Complete |
|
armed-robbery habeas-corpus ineffective-assistance jury-instructions sixth-amendment strickland-standard |
Whether the Sixth Amendment requires reversal of a criminal conviction where trial counsel allegedly provided ineffective assistance by failing to obj… |
| 24-6134 |
Joshua Idlefonso Villalobos v. Kris Mayes, Attorney General of Arizona, et al. |
Ninth Circuit |
2024-12-16 |
Denied |
Response WaivedIFP |
constitutional-review expert-evidence forensic-testimony habeas-corpus ineffective-assistance prejudice-standard |
Whether the Ninth Circuit's conclusion that the state court reasonably applied Supreme Court precedents in finding a lack of prejudice when damning fo… |
| 24-6145 |
Jermaine Jamaica Campbell, Sr. v. William Gittere, Warden, et al. |
Ninth Circuit |
2024-12-16 |
Denied |
IFP |
certificate-of-appealability habeas-corpus ineffective-assistance ninth-circuit-standard procedural-default sentencing-error |
Whether the Ninth Circuit Court of Appeals misapplied the standard governing the grant of a certificate of appealability for a federal habeas petition… |
| 24A583 |
Andrew E. Hoffman v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-12-16 |
Presumed Complete |
|
constitutional-rights due-process eleventh-circuit habeas-corpus ineffective-assistance section-2254 |
Whether a state court's denial of a federal habeas corpus petition under 28 U.S.C. § 2254 violated the petitioner's constitutional rights to due proce… |
| 24A584 |
Daryl Cook v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2024-12-16 |
Presumed Complete |
|
criminal-procedure due-process exculpatory-evidence ineffective-assistance right-to-counsel sixth-amendment |
Whether a criminal defendant's constitutional right to effective assistance of counsel was violated by the prosecution's failure to timely disclose po… |
| 24-6125 |
Nathan Rivera v. Brian Cates, Warden |
Ninth Circuit |
2024-12-11 |
Denied |
Response WaivedIFP |
district-court habeas-corpus inadmissible-testimony ineffective-assistance murder-trial trial-counsel |
Whether the district court erred in denying the petition for a writ of habeas corpus where Petitioner's trial counsel provided ineffective assistance … |
| 24A545 |
Bartholomew Granger v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-04 |
Presumed Complete |
|
capital-murder constitutional-deficiency critical-stage ineffective-assistance sixth-amendment trial-counsel |
Whether the Sixth Amendment right to effective assistance of counsel requires reversal of a capital murder conviction where trial counsel allegedly pr… |
| 24A538 |
Anthony Medina v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-03 |
Presumed Complete |
|
capital-punishment constitutional-claims habeas-corpus ineffective-assistance sixth-amendment strickland-standard |
Whether the Sixth Amendment requires a new trial when a defendant demonstrates ineffective assistance of counsel that potentially prejudiced the outco… |
| 24-6029 |
Glenna Duram v. Jeremy Howard, Warden |
Sixth Circuit |
2024-11-25 |
Denied |
IFP |
appellate-review constitutional-rights due-process hearsay-evidence ineffective-assistance trial-procedure |
Whether the trial court violated constitutional due process by admitting unfairly prejudicial hearsay evidence from an internet website and whether de… |
| 24-6022 |
Leonard Contreras Sandoval v. Jamie Miller, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2024-11-22 |
Denied |
Response WaivedIFP |
constitutional-review habeas-corpus ineffective-assistance prejudice-analysis strickland-standard trial-counsel |
Whether a state court unreasonably applies the Strickland standard when evaluating habeas petitioner's ineffective assistance of counsel claim by fail… |
| 24-6011 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2024-11-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement post-conviction |
Whether a post-conviction motion challenging a plea agreement's validity can be considered when new evidence of ineffective assistance of counsel emer… |
| 24-6014 |
Ronald Cox v. Ronald S. Weber, Warden, et al. |
Fourth Circuit |
2024-11-21 |
Denied |
IFP |
appellate-review constitutional-claim criminal-procedure exculpatory-evidence ineffective-assistance sixth-amendment |
Whether the Fourth Circuit erred in denying relief for ineffective assistance of counsel under the Sixth Amendment by failing to recognize counsel's f… |
| 24-562 |
Narjes Modarresi v. Texas |
Texas |
2024-11-20 |
Denied |
Response RequestedRelisted (2) |
due-process ineffective-assistance involuntary-confession mental-illness miranda-rights sixth-amendment |
Whether the Texas Court of Criminal Appeals improperly rejected the trial court's recommendation of relief for ineffective assistance of counsel regar… |
| 24A491 |
Stephen C. Stanko v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2024-11-18 |
Presumed Complete |
|
conflict-of-interest expert-services habeas-corpus ineffective-assistance trial-counsel waiver |
Whether an actual conflict of trial counsel that adversely affects representation can be validly waived without fully advising the client of the conse… |
| 24A486 |
Jeremy Young Hutchinson v. United States |
Eighth Circuit |
2024-11-15 |
Presumed Complete |
|
ineffective-assistance plea-agreement prosecutorial-misconduct rule-11 sentencing-guidelines sentencing-recommendation |
Whether Rule 11(c)(1)(B) requires the government to either recommend or not oppose a defendant's sentencing recommendation, or permits the government … |
| 24A488 |
Paul A. Brown v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2024-11-15 |
Presumed Complete |
|
certificate-of-appealability circuit-court habeas-corpus ineffective-assistance pro-se-petition section-2254 |
Whether a pro se prisoner's habeas petition under 28 U.S.C. § 2254 can survive dismissal when alleging ineffective assistance of counsel |
| 24-5968 |
Brian Adkison v. Kelly Morriss, Acting Warden |
Eighth Circuit |
2024-11-14 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure ineffective-assistance jury-trial plain-error strickland-standard |
Whether the Strickland standard for ineffective assistance of counsel violates a defendant's right to a jury trial and requires clarification of preju… |
| 24-5972 |
Alex N. Morales-Velez v. United States |
First Circuit |
2024-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance mandatory-minimum plea-agreement sentencing-recommendation strickland-standard |
Whether defense counsel's failure to object to a sentencing recommendation constitutes ineffective assistance of counsel under Strickland v. Washingto… |
| 24A481 |
Ricky D. Ullman, Jr. v. Kentucky |
Kentucky |
2024-11-14 |
Presumed Complete |
|
constitutional-right counsel due-process ineffective-assistance probation-revocation sixth-amendment |
Whether a criminal defendant's constitutional right to effective assistance of counsel applies to probation revocation hearings and what standard of r… |
| 24-5962 |
Preston M. Young v. Angela Phams, Warden, et al. |
Georgia |
2024-11-13 |
Denied |
IFP |
criminal-procedure due-process indictment ineffective-assistance prosecutorial-misconduct sixth-amendment |
Does a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to challenge an indictment or pr… |
| 24-5949 |
Anastacio G. Ramirez v. Martin Gamboa, Warden |
Ninth Circuit |
2024-11-12 |
Denied |
Response WaivedIFP |
constitutional-review federal-court-standard habeas-corpus ineffective-assistance section-2254 state-court-review |
Whether a federal habeas court can independently evaluate state court factual determinations under Cullen v. Pinholster and Harrington v. Richter when… |
| 24A464 |
Daniel O. Conahan, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-11-08 |
Presumed Complete |
|
brady-violation certificate-of-appealability eighth-amendment fourteenth-amendment ineffective-assistance sixth-amendment |
Whether the Sixth, Eighth, and Fourteenth Amendments require a new trial or resentencing where the prosecution withheld material exculpatory evidence … |
| 24A458 |
Corey Dequan Broome v. James R. Scheibner, Warden |
Sixth Circuit |
2024-11-07 |
Presumed Complete |
|
constitutional-right constructive-denial ineffective-assistance legal-assistance pro-se sixth-amendment |
Whether the Sixth Amendment requires a finding of constructive denial of counsel when an indigent defendant is denied meaningful legal assistance duri… |
| 24-517 |
Lance Shockley v. David Vandergriff, Warden |
Eighth Circuit |
2024-11-06 |
Denied |
Amici (1)Relisted (6) |
appellate-review circuit-split habeas-corpus ineffective-assistance sixth-amendment strickland-claim |
Did the Court of Appeals err in denying petitioner's application to appeal the denial of his Sixth Amendment ineffective assistance of counsel claims? |
| 24A457 |
Tony Lamons Gooch III v. Tennessee |
Tennessee |
2024-11-06 |
Presumed Complete |
|
constitutional-error criminal-procedure ineffective-assistance post-conviction-relief sixth-amendment trial-counsel |
Whether the Sixth Amendment requires a state court to allow a criminal defendant to fully litigate ineffective assistance of counsel claims when the t… |
| 24-5896 |
Matthew Myke v. Wisconsin |
Wisconsin |
2024-11-01 |
Denied |
Response WaivedIFP |
character-evidence criminal-procedure ineffective-assistance sexual-assault trial-strategy witness-testimony |
Whether failure to advise an accused about testifying and developing character evidence constitutes ineffective assistance of counsel in a sexual assa… |
| 24A439 |
John Xavier Portillo v. United States |
Fifth Circuit |
2024-11-01 |
Presumed Complete |
|
appellate-counsel bureau-of-prisons constitutional-standard ineffective-assistance prejudice writ-of-certiorari |
Whether the standard for evaluating prejudice in claims of ineffective assistance of appellate counsel requires a showing of a reasonable probability … |
| 24-5861 |
Robert Joseph Schmitt v. Texas |
Texas |
2024-10-30 |
Denied |
Relisted (2)IFP |
concurrent-sentencing constitutional-rights criminal-procedure due-process ineffective-assistance statutory-interpretation |
Did the Texas Court of Criminal Appeals err in not exercising their inherent authority to correct an unlawful sentence due to ineffective assistance o… |
| 24-5865 |
Reginald Donell Rice v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-10-30 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction-relief |
Whether a state court's denial of post-conviction relief based on ineffective assistance of counsel claims violates a criminal defendant's constitutio… |
| 24-5842 |
Dallas Staden v. Marcus Myers, Warden |
Fifth Circuit |
2024-10-29 |
Denied |
IFP |
fair-trial hybrid-counsel ineffective-assistance pro-se-representation sixth-amendment standby-counsel |
Whether a pro se defendant's hybrid representation and standby counsel's participation violate the defendant's Sixth Amendment right to counsel and fa… |
| 24-5843 |
Jerome R. Sueing v. Noah Nagy, Warden |
Sixth Circuit |
2024-10-29 |
Dismissed |
Response WaivedIFP |
constitutional-rights due-process ineffective-assistance prosecutorial-misconduct sixth-amendment trial-procedure |
Whether the trial court violated Petitioner's due process rights by joining unrelated cases and improperly admitting prejudicial testimony |
| 24A416 |
Ricky Durham v. Richard Adams, Warden |
Missouri |
2024-10-29 |
Presumed Complete |
|
constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance missouri-supreme-court |
Whether the Missouri Supreme Court's denial of habeas relief to a criminal defendant comports with federal constitutional standards of due process and… |
| 24A411 |
Donald Sherman v. William Gittere, Warden, et al. |
Ninth Circuit |
2024-10-28 |
Presumed Complete |
|
capital-punishment eighth-amendment habeas-corpus ineffective-assistance ninth-circuit writ-of-certiorari |
Whether the Eighth Amendment prohibits the execution of a capital defendant whose underlying conviction or sentence may have been tainted by ineffecti… |
| 24-5823 |
Jose Bernazard v. Mark Miller, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2024-10-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance post-conviction-relief |
Whether a state court's denial of post-conviction relief based on ineffective assistance of counsel claims violates a petitioner's due process rights … |
| 24-5806 |
Jackson Peter Chiwanga v. Gentner F. Drummond, Attorney General of Oklahoma |
Tenth Circuit |
2024-10-22 |
Denied |
Relisted (2)IFP |
deportation habeas-corpus immigration-consequences in-custody-requirement ineffective-assistance padilla-v-kentucky |
Whether a petitioner detained by ICE due to deportation proceedings can satisfy the 'in custody' requirement under 28 U.S.C. § 2254 after completing a… |
| 24A379 |
Londell Bond v. Jasen Bohinski, Acting Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2024-10-22 |
Presumed Complete |
|
constitutional-rights criminal-procedure habeas-corpus ineffective-assistance post-conviction sixth-amendment |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel was violated by counsel's deficient performance during the pos… |
| 24-5788 |
Nico Allen-Antonio Cogdill v. Texas |
Texas |
2024-10-18 |
Denied |
Response WaivedIFP |
collateral-review constitutional-right habeas-corpus ineffective-assistance procedural-due-process trial-counsel |
Whether a prisoner has a right to effective counsel in collateral proceedings which provide the first occasion to raise a claim of ineffective assista… |
| 24A362 |
Utah v. Douglas A. Lovell |
Utah |
2024-10-17 |
Presumed Complete |
|
capital-murder ineffective-assistance mitigation-witness religious-testimony strickland-standard trial-strategy |
Whether a criminal defendant's ineffective assistance of counsel claim can be established when trial counsel strategically chose not to object to pote… |
| 24-5756 |
Jonathan Leigh Sosnowicz v. Kris Mayes, Attorney General of Arizona, et al. |
Ninth Circuit |
2024-10-15 |
Denied |
Response WaivedIFP |
cause-and-prejudice factual-development habeas-corpus ineffective-assistance procedural-default state-prisoner |
Did the Ninth Circuit correctly apply this Court's decision in Ramirez? |
| 24-409 |
Roderick Jones v. Tommy Bowen, Warden |
Georgia |
2024-10-11 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions sixth-amendment |
Whether McCoy v. Louisiana permits counsel to concede a client's guilt in direct contradiction of the client's testimony and whether such a concession… |
| 24A344 |
Jermaine Jamaica Campbell, Jr. v. William Gittere, Warden, et al. |
Ninth Circuit |
2024-10-11 |
Presumed Complete |
|
certificate-of-appealability drug-trafficking ineffective-assistance jury-finding sentencing-enhancement sixth-amendment |
Whether the Sixth Amendment requires a jury to find the specific drug quantity necessary to impose a Level III drug trafficking sentence beyond a reas… |
| 24-5736 |
James Ray Pendergraft v. Texas |
Texas |
2024-10-10 |
Denied |
IFP |
constitutional-review criminal-appeals ineffective-assistance lesser-included-offense procedural-error trial-record |
Whether the Texas Court of Criminal Appeals improperly denied a lesser included offense instruction and found counsel not ineffective, and whether the… |
| 24-5743 |
Rafael Ernesto Gabriel v. California |
California |
2024-10-10 |
Denied |
IFP |
constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence |
Whether the Sixth Amendment requires advisement of an unauthorized sentence during plea negotiations and whether procedural bars should be precluded f… |
| 24-5725 |
Jose G. Barajas Gomez v. Daniel W. White, Superintendent, Monroe Correctional Complex |
Ninth Circuit |
2024-10-08 |
Denied |
Response WaivedRelisted (2)IFP |
capital-punishment criminal-procedure ineffective-assistance mitigating-evidence sentencing-phase sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel is violated when counsel fails to investigate or present mitigating evidence duri… |
| 24-5726 |
William Hudson v. Brian Emig, Warden, et al. |
Third Circuit |
2024-10-08 |
Denied |
Response WaivedIFP |
digital-search fourth-amendment ineffective-assistance sixth-amendment strickland-test warrant-particularity |
Whether digital searches of entire computer contents violate the Fourth Amendment's particularity requirement and whether ineffective assistance of co… |
| 24-5715 |
Lashaun Casey v. United States |
First Circuit |
2024-10-07 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance law-enforcement-questioning safe-harbor statement-suppression strickland-standard |
Whether trial counsel rendered ineffective assistance by not moving to suppress statements made after the expiration of the 'safe harbor' under 18 U.S… |
| 24A329 |
Robert Wharton v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix |
Third Circuit |
2024-10-04 |
Presumed Complete |
|
capital-sentencing counsel-performance ineffective-assistance mitigating-evidence prison-behavior sixth-amendment |
Whether a capital defendant's Sixth Amendment right to effective assistance of counsel is violated when counsel fails to present mitigating evidence o… |
| 24-371 |
Troy Thomas York v. Arizona |
Arizona |
2024-10-02 |
Denied |
Response Waived |
collateral-review constitutional-rights due-process fourteenth-amendment ineffective-assistance trial-counsel |
Does the Fourteenth Amendment confer the right to effective assistance of first collateral review counsel for ineffective assistance of trial counsel … |
| 24A314 |
Robert Darrel Batson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-10-02 |
Presumed Complete |
|
certificate-of-appealability constitutional-claims fourth-amendment habeas-corpus ineffective-assistance state-court-review |
Whether a state prisoner can obtain federal habeas relief under 28 U.S.C. § 2254(d) when state appellate courts have already adjudicated his ineffecti… |
| 24A318 |
Allen Ward Cox v. Florida |
Florida |
2024-10-02 |
Presumed Complete |
|
capital-collateral constitutional-rights death-penalty direct-appeal ineffective-assistance postconviction-relief |
Whether the Florida Supreme Court's denial of direct appeal relief violated the petitioner's constitutional rights to effective appellate review in a … |
| 24A319 |
Hugo Rangel-Botello v. Texas |
Texas |
2024-10-02 |
Presumed Complete |
|
counsel-performance criminal-procedure habeas-corpus ineffective-assistance plea-agreement sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated during a plea agreement due to counsel's failure to provide informed… |
| 24-5677 |
Kelly Daniel Bass v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-10-01 |
Denied |
Response WaivedIFP |
constitutional-rights courtroom-closure criminal-procedure ineffective-assistance right-to-counsel speedy-trial |
Whether criminal defendants are required to prove prejudice for an ineffective assistance of counsel claim where counsel is absent during a critical s… |
| 24-5651 |
Michael T. McLaughlin v. Ronald Oliver, Warden, et al. |
Ninth Circuit |
2024-09-27 |
Denied |
Response WaivedIFP |
diligence habeas-corpus ineffective-assistance martinez-rule ninth-circuit procedural-default |
Does the Court's decision in Ramirez change the diligence standard for developing factual bases in state court procedurally barred petitions? |
| 24-5640 |
Mark Watkins v. New York |
New York |
2024-09-26 |
Denied |
Response WaivedIFP |
deficient-performance ineffective-assistance prejudice-analysis reasonable-probability strickland-standard trial-counsel |
Whether a single error by trial counsel must satisfy Strickland's deficient-performance and reasonable-probability-prejudice standards or a heightened… |
| 24-5613 |
In Re Lyndon C. Davis |
|
2024-09-24 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance |
Whether the petitioner's due process rights were violated by the lower court's denial of his constitutional claims and ineffective assistance of couns… |
| 24-5614 |
Hussein Kadhim Abood Khalaf v. United States |
Eighth Circuit |
2024-09-23 |
Denied |
Response WaivedIFP |
deportation-consequences immigration-law ineffective-assistance moral-turpitude padilla-standard plea-bargain |
When deportation consequences posed by a criminal charge are not clear, do attorneys render ineffective assistance by telling an indigent client their… |
| 24-5616 |
Craig Bernard Kerry v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-09-23 |
Denied |
Response WaivedIFP |
competency-examination ineffective-assistance mental-health-issues petition-timeliness trial-court-error |
Whether the trial court erred by determining that Mr. Kerry's petition was untimely and whether trial counsel was ineffective for failing to request a… |
| 24A288 |
Matthew P. Leipart v. United States |
Armed Forces |
2024-09-23 |
Presumed Complete |
|
burden-of-proof court-martial ineffective-assistance military-justice prosecutorial-misconduct uniform-code-of-military-justice |
Whether a military prosecutor's reference to a defendant's guilty plea during closing arguments constitutes reversible error when the military judge i… |
| 24-323 |
Thanquarious R. Calhoun v. Warden, Baldwin State Prison, et al. |
Eleventh Circuit |
2024-09-20 |
Denied |
Response WaivedRelisted (2) |
de-novo-review fifth-amendment habeas-corpus ineffective-assistance jury-trial sixth-amendment |
Does a federal court's unconditional deference to a state supreme court's purported findings on an essential element of a crime violate a habeas petit… |
| 24-5592 |
Deshawn Andrew Boylan v. Michael Burgess, Warden |
Sixth Circuit |
2024-09-20 |
Denied |
Response WaivedIFP |
collateral-estoppel habeas-corpus ineffective-assistance sentencing-findings sixth-circuit trial-counsel |
Whether the Sixth Circuit erroneously reversed the District Court's grant of habeas relief based on trial counsel's ineffective assistance in failing … |
| 24A283 |
Joseph William Hart v. Chance Andes, Acting Warden |
Ninth Circuit |
2024-09-20 |
Presumed Complete |
|
brady-evidence capital-case habeas-corpus ineffective-assistance penalty-phase prosecutorial-misconduct |
Whether the prosecution's alleged withholding of material Brady evidence at the penalty phase of a capital trial constitutes a constitutional violatio… |
| 24-5572 |
Ramon Lopez-Alvarado v. United States |
Eleventh Circuit |
2024-09-19 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability constitutional-claims due-process ineffective-assistance sixth-amendment |
Whether the Eleventh Circuit erred in denying Petitioner's Motion for Certificate of Appealability and Appointment of Counsel, and whether multiple co… |
| 24-5571 |
Bakari Abdul Brown v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-09-18 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure felony-conviction ineffective-assistance stipulation |
Whether a circuit split exists regarding the ineffective assistance of counsel standard for stipulating to a defendant's prior felony conviction |
| 24A271 |
Leonard Contreras Sandoval v. Jamie Miller, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2024-09-17 |
Presumed Complete |
|
constitutional-violation habeas-corpus ineffective-assistance prejudice-analysis sixth-amendment strickland-standard |
Whether the Sixth Amendment requires a more nuanced evaluation of prejudice under Strickland v. Washington when assessing ineffective assistance of co… |
| 24-5549 |
Norman Paul Felts v. United States |
Fourth Circuit |
2024-09-16 |
Denied |
Response WaivedIFP |
appellate-procedure fourth-circuit-review ineffective-assistance legal-abandonment pro-se-representation timeliness |
Whether the Fourth Circuit should have considered an untimely appeal due to alleged attorney abandonment |
| 24-5546 |
Mario M. Contreras v. United States |
Eighth Circuit |
2024-09-13 |
Denied |
Response WaivedIFP |
habeas-corpus ineffective-assistance jury-strikes medical-testimony sixth-amendment wrongful-conviction |
Whether a reasonable jurist can conclude counsel's failure to object to jury strikes and exclude exculpatory medical testimony constitutes ineffective… |
| 24-5527 |
Adrian Mahdee Akram v. James Corrigan, Warden |
Sixth Circuit |
2024-09-12 |
Denied |
Response WaivedIFP |
alibi-defense constitutional-rights ineffective-assistance sixth-amendment strickland-standard trial-counsel |
Whether Adrian Akram's conviction violated his Sixth Amendment right to effective assistance of counsel under Strickland v. Washington by failing to c… |
| 24A258 |
Robert A. Hamberg v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-09-12 |
Presumed Complete |
|
constitutional-rights due-process eleventh-circuit habeas-corpus ineffective-assistance section-2254 |
Whether a state court's denial of a federal habeas corpus petition under 28 U.S.C. § 2254 violated the petitioner's constitutional rights to due proce… |
| 24-5513 |
Jacob D. Lickers v. United States |
Seventh Circuit |
2024-09-11 |
Denied |
Response WaivedIFP |
bad-faith franks-hearing good-faith-exception ineffective-assistance probable-cause search-warrant |
May a search warrant affiant be excused under the Good Faith Exception when intentionally withholding critical information about prior state court sup… |
| 24-5508 |
Jason J. Dominick v. Tina Walker, Superintendent, State Correctional Institution at Fayette |
Third Circuit |
2024-09-10 |
Denied |
Relisted (2)IFP |
blood-pattern-analysis forensic-evidence ineffective-assistance prejudice-analysis strickland-standard trial-counsel |
Whether the lower courts applied an erroneous standard for determining prejudice under Strickland v. Washington when assessing the impact of trial cou… |
| 24-5485 |
Onofre Serrano v. California |
California |
2024-09-09 |
Denied |
Response WaivedIFP |
critical-stage due-process harmless-error ineffective-assistance right-to-counsel waiver-of-counsel |
Whether a reasonable jurist could debate the voluntariness of a criminal defendant's waiver of counsel and the potential ineffective assistance of cou… |
| 24A248 |
Ryan T. Thornton v. Circuit Court of Wisconsin, Racine County |
Wisconsin |
2024-09-09 |
Presumed Complete |
|
appellate-procedure certiorari criminal-appeal ineffective-assistance judicial-review state-court-jurisdiction |
Whether the Wisconsin state courts improperly denied the petitioner's criminal appeal and effectively foreclosed meaningful judicial review of his und… |
| 24-5483 |
Spyros Panos v. United States |
Second Circuit |
2024-09-06 |
Denied |
Response WaivedIFP |
attorney-ethics conflict-of-interest constitutional-law criminal-procedure ineffective-assistance prejudice-standard |
Whether an unwaivable conflict arises when counsel and client are implicated in the same crime, and if so, what procedural and substantive standards a… |
| 24-5464 |
Jeromy Schiedenhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-09-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-sufficiency ineffective-assistance trial-counsel |
Whether Texas counsel fails to adequately challenge insufficient evidence and provide ineffective assistance of counsel in violation of U.S. Constitut… |
| 24A240 |
George L. Fields v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-09-05 |
Presumed Complete |
|
constitutional-right exhaustion-requirement ineffective-assistance jury-instructions procedural-default strickland-standard |
Whether a state court's denial of a prisoner's ineffective assistance of counsel claims constitutes a violation of due process when the claims involve… |
| 24-5458 |
Derrick Courchaine v. California |
California |
2024-09-04 |
Denied |
IFP |
constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence |
Whether the Sixth Amendment requires advisement of an unauthorized sentence during plea negotiations and whether procedural bars should be precluded f… |
| 24A230 |
Aaron Christopher Taylor v. United States |
Fifth Circuit |
2024-09-03 |
Presumed Complete |
|
anders-procedure criminal-appeal direct-appeal fifth-circuit ineffective-assistance pro-se-litigation |
Whether the Fifth Circuit Court of Appeals improperly applied Anders v. California procedural standards in dismissing a criminal defendant's direct ap… |
| 24-5418 |
Donald G. Barnes, Sr. v. William Danforth, Warden |
Eleventh Circuit |
2024-08-29 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights due-process equal-protection ineffective-assistance legal-remedy post-conviction-relief |
Whether a criminal defendant's right to effective assistance of counsel is violated by a post-conviction delay that impedes access to legal remedies a… |
| 24A216 |
Lance Shockley v. David Vandergriff, Warden |
Eighth Circuit |
2024-08-28 |
Presumed Complete |
|
ineffective-assistance juror-bias jury-misconduct right-to-fair-trial sixth-amendment voir-dire |
Whether a trial court's refusal to inquire into a juror's potential bias, stemming from a published book with violent vigilante themes, constitutes a … |
| 24-5402 |
Craig Foote v. United States |
Third Circuit |
2024-08-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
counsel criminal-procedure ineffective-assistance sixth-amendment |
Whether the petitioner was denied effective assistance of counsel |
| 24-5405 |
Michael Edwin Harding v. United States |
Eleventh Circuit |
2024-08-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance plea-bargaining prejudice-standard sentencing-guidelines |
Whether the district court applied the incorrect prejudice standard in denying relief for ineffective assistance of counsel based on erroneous advice … |
| 24-5385 |
Marc Anthony Colon v. Nethanjah Breitenbach, Warden, et al. |
Ninth Circuit |
2024-08-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process ineffective-assistance ninth-circuit trial-counsel witness-preparation |
Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability (COA) for review of ineffective assistance of trial counsel claim… |
| 24-5380 |
Leonus Stevenson Peterson v. United States |
Fourth Circuit |
2024-08-23 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing ineffective-assistance section-2255-motion sentencing-variance sixth-amendment |
Did the lower courts err in conflating Fifth and Sixth Amendment rights, thereby denying both due process and effective assistance of counsel, when th… |
| 24-200 |
Hamett Diaz v. Pennsylvania, et al. |
Third Circuit |
2024-08-22 |
Denied |
|
criminal-conviction due-process hearsay-testimony ineffective-assistance trial-counsel witness-testimony |
Whether the Third Circuit erred in failing to find that trial counsel provided ineffective assistance by not objecting to inadmissible hearsay testimo… |
| 24-5365 |
Troy Steven Richter v. United States |
Seventh Circuit |
2024-08-22 |
Denied |
Response WaivedIFP |
criminal-investigation erotica first-amendment fourth-amendment free-speech ineffective-assistance |
Does the First Amendment protect against criminal investigation initiation for materials deemed erotica and not violating criminal statutes? |
| 24-5373 |
Raymond Rodriguez v. California |
California |
2024-08-22 |
Denied |
IFP |
constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence |
Whether the Sixth Amendment requires advisement of an unauthorized sentence during plea negotiations and whether procedural bars should be precluded f… |
| 24-5353 |
Kollier Devonte Radney v. United States |
Sixth Circuit |
2024-08-21 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-replacement critical-stages due-process ineffective-assistance legal-representation |
Whether a former counsel's alleged ineffective assistance and potential due process violation impacted the defendant's right to representation during … |
| 24-5355 |
Darius Leigh Gilkey v. Sherman Campbell, Warden |
Sixth Circuit |
2024-08-21 |
Denied |
Response WaivedIFP |
attorney-client-communication due-process ineffective-assistance prejudicial-error right-to-counsel sixth-amendment |
Whether a breakdown in attorney-client communication constitutes a Sixth Amendment violation of the right to counsel and whether ineffective assistanc… |
| 24-5347 |
Devin Allen Bennett v. Mississippi |
Mississippi |
2024-08-20 |
Denied |
IFP |
death-penalty eighth-amendment ineffective-assistance mitigation-evidence sixth-amendment strickland-standard |
Whether trial counsel's failure to investigate, uncover, and present evidence of defendant's reduced moral culpability may be categorically discounted… |
| 24-5323 |
Muhidin Salad Omar v. John C. Gardner |
Fourth Circuit |
2024-08-15 |
Denied |
IFP |
attorney-misconduct constitutional-rights criminal-defense habeas-corpus ineffective-assistance legal-malpractice |
Question not identified. |
| 24A171 |
Mark Watkins v. New York |
New York |
2024-08-13 |
Presumed Complete |
|
criminal-procedure cross-racial-identification due-process ineffective-assistance reasonable-probability strickland-standard |
Whether a single unreasonable error by defense counsel constitutes ineffective assistance of counsel under Strickland v. Washington when it raises a r… |
| 24-5290 |
Kevin Duane Stunes v. Colorado |
Colorado |
2024-08-09 |
Denied |
Response WaivedIFP |
constitutional-rights due-process ineffective-assistance postconviction-review trial-counsel voluntary-intoxication |
When a state regulates a claim of ineffective assistance of trial counsel, does due process require that a defendant be allowed the opportunity to dev… |
| 24-5271 |
Claude P. Lacombe v. Brian Emig, Warden, et al. |
Third Circuit |
2024-08-08 |
Denied |
Response WaivedIFP |
guilty-plea habeas-relief ineffective-assistance plea-bargaining sentencing strickland-prejudice |
Whether a petitioner seeking habeas relief from a sentence imposed by a guilty plea can establish Strickland prejudice by showing that but for counsel… |
| 24-5282 |
Darrell Gunn v. New York |
New York |
2024-08-08 |
Denied |
IFP |
appellate-review criminal-procedure guilty-plea ineffective-assistance plea-withdrawal sentencing |
Whether appellant counsel provided ineffective assistance by failing to pursue a potentially meritorious pre-sentencing guilty plea withdrawal |
| 24-5266 |
Darrell Gunn v. New York |
New York |
2024-08-07 |
Denied |
IFP |
capital-punishment constitutional-rights due-process guilty-plea ineffective-assistance mental-illness |
Whether capital defense counsel's failure to present mitigating evidence of mental illness constitutes ineffective assistance of counsel and violates … |
| 24-5239 |
John C. Coleman v. Michael Swartz, Warden |
Sixth Circuit |
2024-08-06 |
Denied |
IFP |
actual-innocence appellate-review brady-violation civil-rights constitutional-violation due-process evidence-standard fair-trial ineffective-assistance ineffective-assistance-of-counsel trial-procedure |
Why was COLEMAN denied equal protection of law? |
| 24A130 |
Keith Vernon Davis v. David Close, Superintendent, State Correctional Institution at Houtzdale |
Third Circuit |
2024-08-05 |
Presumed Complete |
|
constitutional-validity criminal-procedure ineffective-assistance plea-of-guilt pro-se suppression-of-evidence |
Whether a pro se prisoner's plea of guilty was constitutionally valid given claims of unknowing plea, ineffective assistance of counsel, and suppressi… |
| 24-5183 |
Harshadkumar Nanjibhai Jadav v. J. Woodson, Warden |
Fourth Circuit |
2024-07-31 |
Denied |
IFP |
and whether the state prisoner made a proper show actual-innocence aedpa aedpa-standard criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions schlup |
What constitutes as 'new' evidence |
| 24A114 |
Edward Greeman v. Edward Burnett, Superintendent, Fishkill Correctional Facility |
Second Circuit |
2024-07-31 |
Presumed Complete |
|
access-to-courts constitutional-rights ineffective-assistance law-library post-conviction pro-se-litigant |
Whether a state prisoner's inability to access a law library constitutes a violation of his constitutional right to meaningful post-conviction review |
| 24A118 |
Ty-Ron Steven Anderson v. Chris King, Warden |
Sixth Circuit |
2024-07-31 |
Presumed Complete |
|
administrative-remedies certificate-of-appealability habeas-corpus ineffective-assistance legal-property pro-se |
Whether a state prisoner's failure to timely file a writ of certiorari due to lost legal documents constitutes an extraordinary circumstance warrantin… |
| 24-5168 |
Edward Nicholas Reeder v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-07-30 |
Denied |
IFP |
certificate-of-appealability court-order final-order habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-procedure motion-disposition motion-to-withdraw-plea plea-withdrawal trial-counsel voluntary-dismissal |
Was trial counsel ineffective for failing to object and request that the lower court to address the disposition of Reeder's motion to withdraw plea by… |
| 24-5169 |
Jeremy David Spielbauer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-07-30 |
Denied |
IFP |
challenges-for-cause constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel jury-selection media-coverage trial-procedure use-immunity venue |
Question not identified. |
| 24-5171 |
Jeffrey Wayne Ross v. Edward Bickham, Warden |
Fifth Circuit |
2024-07-30 |
Denied |
Relisted (2)IFP |
constitutional-rights defense-witnesses due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel non-homicide-case self-defense sixth-amendment |
Whether the trial court and Fifth Circuit erred in finding no ineffective assistance of counsel |
| 24-5178 |
Keith Earl Robinson v. Jim Farris, Warden |
Tenth Circuit |
2024-07-30 |
Denied |
IFP |
criminal-procedure defense-strategy due-process ineffective-assistance jury-instructions sixth-amendment sixth-amendment,criminal-procedure,ineffective-ass |
Did Mr. Robinson's trial counsel's performance in preparing defense witnesses meet the standards of effective assistance of counsel, as required by th… |
| 24-5180 |
Lemuel S. Whiteside v. Arkansas |
Arkansas |
2024-07-30 |
Denied |
Response WaivedIFP |
aedpa criminal-procedure cumulative-error habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing-review strategic-decision-making strickland-standard strickland-v-washington |
Whether the Arkansas courts applied an incorrect standard for resolving petitioner Whiteside's claims of ineffective assistance of counsel in sentenci… |
| 24-5163 |
Thomas Leo Springs v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2024-07-29 |
Denied |
Relisted (2)IFP |
aedpa-deference capital-punishment habeas-corpus habeas-corpus-review impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel reasoned-state-court-opinion state-court-review strickland-prejudice strickland-standard |
Whether a federal court applying AEDPA deference to a reasoned state court opinion may ignore the explanation provided by the state court and instead … |
| 24-5154 |
Joel Jacobo Sanchez v. Brandon Kelly |
Ninth Circuit |
2024-07-26 |
Denied |
Response WaivedIFP |
aggravated-murder aiding-and-abetting burden-of-proof due-process ineffective-assistance ineffective-assistance-of-counsel intent-standard jury-instruction natural-probable-consequences post-conviction-relief |
Was petitioner's post-conviction counsel ineffective for not arguing that petitioner's trial counsel failed object to a 'natural and probable conseque… |
| 24A88 |
Michael Collins Iheme v. Minnesota |
Minnesota |
2024-07-25 |
Presumed Complete |
|
due-process fourteenth-amendment ineffective-assistance judicial-bias postconviction-relief sixth-amendment |
Whether the Sixth and Fourteenth Amendments require reversal of a criminal conviction due to ineffective assistance of counsel, judicial bias, and all… |
| 24-5117 |
Terrance Nathaniel Brown, Jr. v. United States |
Fourth Circuit |
2024-07-19 |
Denied |
Response WaivedRelisted (2)IFP |
21-usc-841 acquitted-conduct due-process ineffective-assistance ineffective-assistance-of-counsel jury-trial sentencing-enhancement sentencing-guidelines statutory-interpretation statutory-sentencing |
Whether counsel was ineffective for failing to argue that the statutory sentence be based on marijuana under 21 U.S.C. § 841(b)(1)(D) and that the sen… |
| 24A56 |
Troy Thomas York v. Arizona |
Arizona |
2024-07-17 |
Presumed Complete |
|
constitutional-rights due-process fair-trial ineffective-assistance jury-finding prosecutorial-misconduct |
Whether a criminal defendant's constitutional rights were violated by ineffective assistance of counsel, prosecutorial misconduct, and failure to prov… |
| 24-5086 |
Isaias Delgado v. United States |
Ninth Circuit |
2024-07-16 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights due-process fair-trial federal-law federal-sentencing ineffective-assistance ineffective-assistance-of-counsel self-incrimination |
Whether the government violated Mr. Delgado's right to due process and a fair trial by withholding evidence |
| 24-5093 |
David Nam v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-07-16 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law criminal-procedure due-process equal-protection habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel procedural-default |
Due-process |
| 24-5073 |
Billy Hammonds v. Fredeane Artis, Warden |
Sixth Circuit |
2024-07-15 |
Denied |
Response WaivedIFP |
burden-of-proof fair-trial-rights ineffective-assistance judicial-bias mistrial prosecutorial-misconduct trial-court-bias witness-testimony |
Ineffective-assistance-of-counsel |
| 24A41 |
Christopher J. Thorpe v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-07-15 |
Presumed Complete |
|
constitutional-rights due-process eleventh-circuit habeas-corpus ineffective-assistance section-2254 |
Whether a state court's denial of a federal habeas corpus petition under 28 U.S.C. § 2254 violated the petitioner's constitutional rights to due proce… |
| 24-5067 |
Stephen Mark Picart v. Marcus Pollard, Warden |
Ninth Circuit |
2024-07-12 |
Denied |
IFP |
28-usc-2254 constitutional-claim due-process federal-law habeas-corpus hypothetical-analysis ineffective-assistance ineffective-assistance-of-counsel state-court-record state-court-review tactical-choices |
Whether the federal court can 'hypothesize' about possible 'tactical choices' trial counsel might have made on the basis of facts that were unreasonab… |
| 24A37 |
Hussein Kadhim Abood Khalaf v. United States |
Eighth Circuit |
2024-07-12 |
Presumed Complete |
|
deportation-risk guilty-plea immigration-consequences ineffective-assistance padilla-standard plea-withdrawal |
Whether ineffective assistance of counsel during plea negotiations that misrepresent potential immigration consequences constitutes grounds for withdr… |
| 24-35 |
Sean Eamonn Waite v. Texas |
Texas |
2024-07-12 |
Denied |
Response Waived |
criminal-procedure due-process habeas-corpus ineffective-assistance mental-health plea-bargain plea-bargaining procedural-due-process |
Ineffective-assistance-of-counsel |
| 24-5066 |
Lynual McElroy v. Oklahoma |
Oklahoma |
2024-07-12 |
Denied |
IFP |
14th-amendment 6th-amendment appellate-counsel constitutional-amendment constitutional-claims criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel public-defender speedy-trial |
speedy-trial |
| 24-26 |
Hugh H. Baldwin, Jr. v. Maryland |
Maryland |
2024-07-10 |
Denied |
Response Waived |
bad-faith collateral-consequences due-process due-process,collateral-consequences,bad-faith,lega ineffective-assistance legal-counsel post-conviction-relief |
Did the State commit a Bad Faith Due Process Violation resulting in outstanding legal consequences to the petitioner, to wit: Significant Collateral C… |
| 24-5037 |
William J. Kemp v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-07-10 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment criminal-procedure due-process griffin-v-california habeas-corpus ineffective-assistance jury-instructions miranda-rights prosecutorial-misconduct sixth-amendment |
Whether the prosecutor's actions and trial court's instructions violated due process and warrant independent habeas review under Griffin v. California… |
| 24A26 |
William Hudson v. James T. Vaughn, Warden, et al. |
Third Circuit |
2024-07-10 |
Presumed Complete |
|
certificate-of-appealability due-process federal-rules habeas-corpus ineffective-assistance supreme-court-rules |
Whether a federal habeas petitioner's untimely motion for rehearing can constitute good cause for an extension of time to file a certiorari petition u… |
| 24-5014 |
Aweis Haji-Mohamed v. United States |
Sixth Circuit |
2024-07-08 |
Denied |
Response WaivedIFP |
circuit-split due-process ineffective-assistance mandatory-minimum plea-bargaining prejudice prejudice-analysis sixth-amendment sixth-circuit-error strickland-standard strickland-v-washington |
Ineffective-assistance-of-counsel |
| 24-5001 |
Tito Lemont Knox v. Jeffrey Krueger, Warden |
Fourth Circuit |
2024-07-03 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-claim criminal-procedure due-process evidence federal-law habeas-corpus ineffective-assistance privacy probable-cause search-and-seizure state-court-review |
Question not identified |
| 24-5010 |
Bryon Keith Creech v. Oklahoma |
Oklahoma |
2024-07-03 |
Denied |
IFP |
competency due-process guilty-plea ineffective-assistance post-conviction withdrawal constitutional-rights criminal-procedure due-process ineffective-assistance post-conviction-relief sentencing-mitigation |
Question not identified |
| 23-7825 |
Eduardo Margarito Soto, aka Edwardo Margarito Soto v. Texas |
Texas |
2024-06-28 |
Denied |
IFP |
appellate-procedure civil-rights constitutional-claim counsel-performance due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review prejudice record-development |
Whether the applicant was denied effective assistance of counsel in the appeal proceedings, due to the silent and undeveloped record that resulted the… |
| 23-1358 |
George Stephenson, Warden v. Lafayette Deshawn Upshaw |
Sixth Circuit |
2024-06-28 |
Denied |
Response Waived |
clearly-established-federal-law federal-courts federal-review habeas-corpus habeas-corpus-review-28-usc-2254 ineffective-assistance plurality-opinion plurality-opinions state-courts statutory-interpretation supreme-court-holding unreasonable-application |
Does a rule announced in a four-Justice plurality opinion constitute a holding of this Court, and therefore 'clearly established Federal law' under § … |
| 23A1162 |
Donte Parrish v. United States |
Fourth Circuit |
2024-06-26 |
Presumed Complete |
|
appellate-review constitutional-claim criminal-procedure fourth-circuit ineffective-assistance prosecutorial-misconduct |
Whether the Fourth Circuit correctly applied the standard for reviewing a criminal defendant's ineffective assistance of counsel claim challenging a c… |
| 23-7802 |
Festus O. Ohan v. Axos Bank, et al. |
Ninth Circuit |
2024-06-26 |
Dismissed |
IFP |
civil-procedure constitutional-rights criminal-procedure due-process federal-banking habeas-corpus ineffective-assistance investment property-rights sentencing standing |
Question not identified |
| 23-7794 |
Michael T. Washington v. Brian Emig, Warden, et al. |
Third Circuit |
2024-06-26 |
Denied |
Response WaivedIFP |
brady-violation due-process ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence perjury procedural-default prosecutorial-misconduct substantial-assistance |
Is state-attorney-undisclosed-substantial-assistance-motion-newly-discovered-evidence-resulting-in-brady-violation |
| 23A1151 |
Devin Allen Bennett v. Mississippi |
Mississippi |
2024-06-25 |
Presumed Complete |
|
capital-sentencing double-edged-sword ineffective-assistance mitigation-evidence sixth-amendment strickland-standard |
Whether a state court's rejection of an ineffective assistance of counsel claim based on a hypothetical 'residual doubt' strategy and potential 'doubl… |
| 23-7796 |
Stewart Bitman v. United States |
Eleventh Circuit |
2024-06-25 |
Denied |
Response WaivedIFP |
18-usc-2422(b) actual-innocence criminal-statute enticement ineffective-assistance ineffective-assistance-of-counsel minor minor-protection plea-agreement sentencing-guidelines statutory-interpretation |
Whether the petitioner is actually innocent of the counts of conviction |
| 23-7798 |
Evan C. Wilhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-06-25 |
Denied |
Response WaivedIFP |
christeson-v-roper conflict-of-interest counsel-performance cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-ethics prejudice-presumption presumption-of-prejudice professional-reputation professional-responsibility |
Whether prejudice should be presumed when a conflict of interest forces Counsel to choose between denigrating their own performance on behalf of their… |
| 23-7799 |
Esther Martin v. Indiana |
Indiana |
2024-06-25 |
Denied |
Response WaivedIFP |
competency competency-to-stand-trial counsel-performance due-process effective-assistance-of-counsel ineffective-assistance intellectual-disability post-conviction post-conviction-proceedings sixth-amendment |
Whether counsel performed deficiently by failing to investigate and challenge an intellectually disabled defendant's competency based on known red fla… |
| 23-7789 |
In Re Glenn A. Holder |
|
2024-06-24 |
Denied |
Relisted (2)IFP |
actual-innocence constitutional-rights due-process due-process-violations fair-trial ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard structural-error |
Wrongful-conviction |
| 23A1137 |
Brian Scott Witham v. United States |
Sixth Circuit |
2024-06-21 |
Presumed Complete |
|
federal-review habeas-corpus ineffective-assistance post-conviction procedural-default sixth-circuit |
Whether the Sixth Circuit improperly applied procedural default rules in denying a federal habeas petitioner's post-conviction motion for relief |
| 23-7764 |
Leon Davis, Jr. v. Florida, et al. |
Florida |
2024-06-20 |
Denied |
IFP |
bad-acts ballistics-evidence capital-case criminal-evidence criminal-procedure-ineffective-assistance-of-couns ineffective-assistance other-crimes-evidence postconviction-review prejudice strickland-standard strickland-v-washington trial-counsel |
Whether the Strickland standard should be applied in favor of the defendant in a case with no direct evidence connecting the defendant to the crime ex… |
| 23-7765 |
Leon Davis, Jr. v. Florida, et al. |
Florida |
2024-06-20 |
Denied |
IFP |
capital-punishment cumulative-error death-penalty ineffective-assistance ineffective-assistance-of-counsel jury-selection prosecutorial-discretion strickland-prejudice strickland-standard |
Counsel's-failure-to-object-to-trial-court's-comments-during-jury-selection |
| 23-7739 |
Cary Joseph Heath v. Texas |
Texas |
2024-06-17 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication new-trial trial-fairness witness-testimony |
Whether the petitioner is responsible for the deaths of the victims, given the testimony of the forensic psychologist that the petitioner was drugged … |
| 23A1118 |
Darryl Scott Stinski v. Warden, Georgia Diagnostic and Classification Prison |
Eleventh Circuit |
2024-06-17 |
Presumed Complete |
|
aedpa capital-punishment federal-review habeas-corpus ineffective-assistance state-court-deference |
Whether, under the Antiterrorism and Effective Death Penalty Act (AEDPA), a federal court must apply double deference under 28 U.S.C. § 2254(e)(1) and… |
| 23-7725 |
Jimmie Lee Walton v. United States |
Fifth Circuit |
2024-06-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence |
Did Walton receive effective assistance of counsel? |
| 23-1309 |
Karnail Singh v. United States |
Sixth Circuit |
2024-06-14 |
Denied |
Response Waived |
breach-of-plea-agreement coram-nobis corum-nobis due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement relief sixth-amendment |
Whether the denial of corum nobis relief was erroneous given that Petitioner suffered ineffective assistance of counsel |
| 23-7699 |
Levoyd A. Jones v. Angela Hunsinger-Stuff, Warden |
Sixth Circuit |
2024-06-12 |
Denied |
IFP |
6th-amendment brady-violation criminal-procedure direct-evidence due-process evidence ineffective-assistance jurisdiction sixth-amendment trial-counsel uncharged-crime witness-impeachment |
Whether evidence of an uncharged crime can be used as direct evidence |
| 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 |
| 23-7673 |
Aubrey Jiles Stanley, Jr. v. Bryan Morrison, Warden |
Sixth Circuit |
2024-06-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct self-defense severance sixth-amendment witness-testimony |
Was trial counsel ineffective? |
| 23-1287 |
Ian Brenner v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. |
Third Circuit |
2024-06-10 |
Denied |
Response Waived |
certificate-of-appealability civil-procedure confrontation-clause consent due-process ineffective-assistance jurisdiction magistrate magistrate-jurisdiction standing strickland-standard surrogate-expert |
Whether denial of a Certificate of Appealability is proper when the magistrate judge who entered judgment lacked jurisdiction because the Petitioner d… |
| 23-1278 |
Tsai-Fen Lee v. Washington |
Washington |
2024-06-06 |
Denied |
Response Waived |
appellate-review constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance personal-restraint plea-bargaining right-to-counsel voluntariness-of-plea |
Whether the trial court erred in accepting defendant's guilty plea when the plea was equivocal |
| 23-7650 |
Samuel Cuellar v. Jeff Tanner, Warden |
Sixth Circuit |
2024-06-06 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-violation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-decision mandatory-minimum mandatory-minimum-sentences plea-bargaining plea-negotiations sentencing |
Whether petitioner is entitled to reinstatement of plea offer due to counsel's failure to inform him of mandatory minimum sentence |
| 23-7652 |
In Re Anthony Brown |
|
2024-06-06 |
Denied |
IFP |
constitutional-rights due-process fair-preliminary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-59(e) sixth-circuit statute-of-limitations |
whether-sixth-circuit-erred |
| 23A1088 |
Anthony Mungin v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-06-06 |
Presumed Complete |
|
constitutional-review criminal-procedure death-penalty habeas-corpus ineffective-assistance trial-counsel |
Whether the Eleventh Circuit applied an unreasonable standard in evaluating claims of ineffective assistance of counsel in a death penalty case involv… |
| 23-7641 |
Steven Vernon Bixby v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2024-06-05 |
Denied |
IFP |
counsel-abandonment federal-procedure habeas-corpus ineffective-assistance procedural-defect rule-60b |
Whether there is any remedy under Rule 60(b) for functional abandonment by counsel in a federal habeas proceeding, or whether there is no remedy for e… |
| 23-7616 |
Jacob Ray Owens v. United States |
Fifth Circuit |
2024-06-04 |
Denied |
Response WaivedIFP |
burden-of-proof co-conspirator-evidence criminal-procedure drug-conspiracy drug-purity drug-quantity ineffective-assistance ineffective-assistance-of-counsel methamphetamine-purity sentencing sentencing-enhancement |
Whether the purity of methamphetamine, linked to Owens's conspiracy solely by personnel, permitted an inference that Owens's methamphetamine was simil… |
| 23-7629 |
Robert Randall Ziegler v. Oklahoma |
Oklahoma |
2024-06-04 |
Denied |
IFP |
constitutional-rights conviction-relief criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review post-conviction-relief right-to-counsel state-court-appeal |
whether-the-oklahoma-court-of-criminal-appeals-holding-that-the-oklahoma-current-post-conviction-procedure-act-has-precluded-the-conviction-relief |
| 23-7620 |
Donald Kie, Jr. v. Garrett, Warden |
Ninth Circuit |
2024-06-03 |
Denied |
IFP |
certificate-of-appealability criminal-conviction due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-bargaining sixth-amendment sufficiency-of-evidence sufficient-evidence |
Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability |
| 23A1076 |
Jason Wade Grant v. United States |
Fifth Circuit |
2024-05-31 |
Presumed Complete |
|
anders-review appellate-procedure criminal-appeal fifth-circuit ineffective-assistance pro-se-defendant |
Whether the Fifth Circuit improperly dismissed a criminal appeal without fully evaluating the defendant's claims of ineffective assistance of counsel |
| 23-7573 |
Ryan Edward Offineer v. United States |
Tenth Circuit |
2024-05-29 |
Denied |
Response WaivedIFP |
access-to-courts,equal-protection,right-to-counsel collateral-attack-waiver conclusory-pleadings,vague-pleadings,precedent constitutional-rights disparate-plea-terms,sentencing,eighth-amendment due-process equal-protection inaccurate-information,administrative-remedy,prese ineffective-assistance ineffective-assistance,defensive-strategies,guilty meritless-appeal,futile-appeal,right-to-appeal plea-agreement warrantless-search,computer-evidence,search-warran |
Plea-agreement-violation,contract-law,conflict-of-interest |
| 23-7567 |
Michael David Carruth v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-05-28 |
Denied |
IFP |
alabama appellate-counsel constitutional-right criminal-procedure death-penalty exhaustion ineffective-assistance procedural-bar right-to-counsel state-procedure writ-of-certiorari |
Whether a defendant-appellant has a right to counsel through the filing of a petition for a writ of certiorari |
| 23-7569 |
Raymond Woodley v. North Carolina |
North Carolina |
2024-05-28 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-procedure due-process ineffective-assistance multiple-representation sixth-amendment strickland-prejudice strickland-standard sullivan-standard trial-court |
When counsel alerts the trial court to a conflict of interest not involving multiple representation, and the trial court fails to resolve the conflict… |
| 23-7577 |
Chuong Duong Tong v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-05-28 |
Denied |
IFP |
capital-case capital-punishment due-process good-cause ineffective-assistance post-conviction-relief postconviction-counsel potentially-meritorious rhines-standard rhines-v-weber voir-dire |
Did the Court of Appeals err in holding that ineffective assistance of postconviction counsel cannot establish 'good cause' under Rhines v. Weber? And… |
| 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 … |
| 23A1049 |
Meko R. Walker v. United States |
Fifth Circuit |
2024-05-23 |
Presumed Complete |
|
constitutional-rights criminal-procedure ineffective-assistance right-to-testify sixth-amendment trial-counsel |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to inform the defendant o… |
| 23-7533 |
Chadwick Wright v. Tim Hooper, Warden |
Fifth Circuit |
2024-05-22 |
Denied |
IFP |
appellate-jurisdiction civil-liberties civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance judicial-review legal-procedure standing state-collateral-proceedings state-law |
Does the Fourteenth Amendment of the United States Constitution mandate the appointment of counsel by indigent prisoners in state collateral proceedin… |
| 23A1035 |
Dedric Dixon v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-05-21 |
Presumed Complete |
|
constitutional-rights criminal-procedure double-jeopardy felony-murder ineffective-assistance jury-verdicts |
Whether a criminal defendant's constitutional rights are violated when he is convicted of felony murder after being acquitted of intentional murder ba… |
| 23-7509 |
Thomas J. Moore v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-05-20 |
Denied |
IFP |
burden-of-proof capital-case criminal-procedure due-process fair-trial ineffective-assistance prosecutorial-misconduct religious-arguments testimonial-evidence trial-counsel |
Ineffective-assistance-of-counsel |
| 23-7514 |
Christopher E. Glass v. Illinois |
Illinois |
2024-05-20 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights constitutional-rights due-process exculpatory-evidence fair-trial government-misconduct ineffective-assistance ineffective-assistance-of-counsel miranda-rights trial-counsel |
Whether the Court should allow into evidence, over Petitioner's objection, statements made by Petitioner during interrogation by police, where Petitio… |
| 23-7516 |
Anthony Roy Spain v. Oklahoma |
Oklahoma |
2024-05-20 |
Denied |
IFP |
creek-nation criminal-procedure direct-appeal flores-ortega ineffective-assistance ineffective-assistance-of-counsel jurisdiction mcgirt-decision mcgirt-v-oklahoma sixth-amendment |
Were trial counsel ineffective for failing to consult with Mr. Spain about taking a direct appeal from his conviction, where doing so would not have b… |
| 23A1028 |
Kalamice Keson Piggee v. Gena Jones, Warden |
Ninth Circuit |
2024-05-20 |
Presumed Complete |
|
competency-hearing criminal-trial due-process habeas-corpus ineffective-assistance mental-health |
Whether a state criminal trial court violated a defendant's federal due process rights by refusing to hold a competency hearing despite substantial ev… |
| 23-7491 |
Caesar V. Vaca v. United States |
Eighth Circuit |
2024-05-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-introduction fair-trial federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel trial-attorney |
Whether trial attorney's error resulted in the introduction of evidence under Federal Rules of Evidence 404(b) that led to an unfair conviction |
| 23-1218 |
Alfredo Navarro Hinojosa v. United States |
Fifth Circuit |
2024-05-16 |
Denied |
Response Waived |
burden-of-proof circuit-split direct-appeal evidentiary-hearing harmless-error ineffective-assistance kotteakos-v-united-states preserved-nonconstitutional-errors sixth-amendment sufficiency-of-evidence |
Does the Fifth Circuit's harmless-error standard conflict with this Court's harmless-error standard? |
| 23-7476 |
Julius Jerome Walker v. Oklahoma |
Oklahoma |
2024-05-15 |
Denied |
Relisted (2)IFP |
abuse-of-discretion civil-rights criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct registration-requirements |
Whether the District court in Muskogee county denied me my fundamental rights because of PROSECUTORIAL MISCONDUCT |
| 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… |
| 23-7465 |
Tremane Wood v. Christe Quick, Warden |
Tenth Circuit |
2024-05-13 |
Denied |
IFP |
federal-habeas federal-review habeas-corpus ineffective-assistance rule-60b state-court-decision state-postconviction strickland-standard strickland-v-washington tenth-circuit |
Whether a federal habeas court's failure to review the last reasoned state court decision under 28 U.S.C. § 2254(d) is a defect under Rule 60(b) |
| 23-7448 |
Gabriel Paul Hall v. Texas |
Texas |
2024-05-10 |
Denied |
IFP |
capital-murder due-process fair-trial false-testimony fourteenth-amendment habeas-corpus ineffective-assistance right-to-counsel |
When a state habeas applicant makes a prima facie case that the state knowingly presented false and material testimony in the punishment phase of his … |
| 23-7436 |
Eagles Denashu Begay v. United States |
Ninth Circuit |
2024-05-09 |
Denied |
IFP |
28-usc-2255 appeal criminal-procedure direct-appeal due-process evidentiary-hearing habeas-corpus indigent-defendant ineffective-assistance pro-se-claim right-to-counsel |
Ineffective-assistance-of-counsel |
| 23-7396 |
Francisco Manuel Padilla v. California |
California |
2024-05-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-discretion legal-standard standing superior-court |
Whether the superior court has the authority to debase the constitutional rights of a defendant |
| 23-7424 |
Manuel Sepulveda v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-05-08 |
Denied |
Response WaivedIFP |
appellate-review brady-violation certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions |
Whether an unreasoned blanket denial of a certificate of appealability conflicts with 28 U.S.C. § 2253 and Supreme Court precedents |
| 23-7425 |
Orlando Bell v. United States |
District of Columbia |
2024-05-08 |
Denied |
Response WaivedIFP |
compulsory-process conflict-of-interest criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment |
Was counsel ineffective in not using compulsory process for obtaining witnesses in the movant's favor? |
| 23-7407 |
Mario H. Lloyd v. United States |
Seventh Circuit |
2024-05-07 |
Denied |
Response WaivedIFP |
assistance-of-counsel due-process fraud-upon-the-court indictment-defect ineffective-assistance ischemic-stroke judicial-misconduct seventh-circuit substantial-right |
Whether the Seventh Circuit and its predecessor made an error in the judicial proceedings by allowing a defective indictment by naming $1,240,675:00 a… |
| 23-7410 |
Andrew Franklin Woodburn v. Bryan Morrison, Warden |
Sixth Circuit |
2024-05-07 |
Denied |
Response WaivedIFP |
criminal-defense evidentiary-hearing expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication medication-defense paxil temporary-insanity |
Is Andrew Woodburn entitled to a remand for an evidentiary hearing and a new trial due to ineffective assistance of counsel? |
| 23-1194 |
Erik Hentzen v. United States |
Sixth Circuit |
2024-05-06 |
Denied |
Response Waived |
appeal appellate-review child-pornography harmless-error ineffective-assistance ineffective-assistance-of-counsel prejudice-prong sixth-amendment strickland-standard strickland-v-washington |
Can Strickland v. Washington's 'prejudice prong' be satisfied by a showing that constitutionally inadequate representation at the trial-court level ac… |
| 23-7379 |
Michael Hebert v. Tim Hooper, Warden |
Fifth Circuit |
2024-05-03 |
Denied |
Response WaivedIFP |
brady-violation constitutional-violations due-process evidence evidence-contamination fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment |
Whether the lower court erred in denying COA on the claim of prosecutorial misconduct |
| 23-7351 |
Rolandas Milinavicuus v. Tyrone Oliver, Commissioner, Georgia Department of Corrections |
Eleventh Circuit |
2024-05-02 |
Denied |
Response WaivedIFP |
constitutional-claim constitutional-law due-process extraordinary-circumstances federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default statute-of-limitations |
Whether the United States Court of Appeals for the Eleventh Circuit erred in denying Petitioner's application for a certificate of appealability (COA)… |
| 23-7364 |
Jorge Galindo v. Nebraska |
Nebraska |
2024-05-02 |
Denied |
Relisted (2)IFP |
capital-punishment death-penalty eddings-v-oklahoma ineffective-assistance lockett-v-ohio mitigation sentencing-considerations supreme-court-precedent tennard-v-dretke youth youth-mitigation |
May a state categorically exclude youth as a mitigating factor in a capital case? |
| 23A976 |
Michael Edwin Harding v. United States |
Eleventh Circuit |
2024-05-02 |
Presumed Complete |
|
collateral-review federal-prisoner ineffective-assistance post-conviction pro-se section-2255 |
Whether a federal prisoner can obtain collateral review under 28 U.S.C. § 2255 when procedural barriers prevent timely preparation of a post-convictio… |
| 23A978 |
Chuong Duong Tong v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-05-02 |
Presumed Complete |
|
death-penalty habeas-corpus ineffective-assistance rhines-stay voir-dire wiggins-claim |
Whether a death row inmate can obtain a Rhines stay to return to state court and exhaust a procedurally defaulted ineffective assistance of trial coun… |
| 23-7356 |
Jonathan Burnett v. Georgia |
Georgia |
2024-05-01 |
Denied |
Response WaivedIFP |
child-molestation crime-victims criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-selection voir-dire |
Whether trial counsel's failure during voir dire in a child molestation case to explore and investigate whether jurors had been crime victims (directl… |
| 23A970 |
Brandon Washington v. Steven T. Marshall, Attorney General of Alabama, et al. |
Eleventh Circuit |
2024-04-30 |
Presumed Complete |
|
aedpa-standard capital-murder ineffective-assistance judicial-procedure missouri-v-frye plea-bargaining |
Whether the Eleventh Circuit and state courts improperly applied the ineffective assistance of counsel standard under Missouri v. Frye by denying reli… |
| 23-7329 |
Alrick Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-04-29 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel premeditated-murder self-defense sixth-amendment |
whether-a-state-criminal-appellant-has-constitutional-right-to-fair-trial |
| 23-7322 |
Gabriel Paul Hall v. Texas |
Texas |
2024-04-26 |
Denied |
IFP |
attorney-conduct capital-appointments capital-punishment due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel pecuniary-incentive sixth-amendment state-statute |
Whether a state statute that makes an attorney ineligible for future capital appointments if found to be ineffective creates a pecuniary incentive for… |
| 23-7300 |
Juan Francisco Turcios v. Texas |
Texas |
2024-04-24 |
Denied |
Relisted (2)IFP |
appeals constitutional-rights criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargain sentencing |
Whether the trial court erred by sentencing the petitioner to 20 years despite a plea bargain agreement for a maximum of 10 years |
| 23-7296 |
George E. Lacey v. Illinois |
Illinois |
2024-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance joinder right-to-counsel status-charges |
Whether the joinder of status charges with non-status charges denies criminal defendants the right to a fair trial |
| 23A946 |
Jose Rojas-Meliton v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-04-22 |
Presumed Complete |
|
civil-procedure ineffective-assistance prisoner-rights pro-se procedural-default rule-60b |
Whether a pro se prisoner's motion for relief under Federal Rule of Civil Procedure 60(b) can overcome procedural default when the prisoner claims lac… |
| 23-1145 |
Ojin Kim v. United States |
Fifth Circuit |
2024-04-22 |
Denied |
Response Waived |
case-or-controversy criminal-conviction deportation deportation-consequences federal-jurisdiction habeas immigration-consequences ineffective-assistance post-conviction-relief sixth-amendment standing strickland-standard |
Whether the real threat of deportation as a result of a federal criminal conviction establishes standing and a real case in controversy for federal co… |
| 23-7257 |
Gavin G. Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-04-18 |
Denied |
IFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-notice premeditated-murder self-defense use-of-force witness-testimony |
Whether the jury used unreasonable facts to prove a premeditated design |
| 23-7231 |
Bryan Christopher O'Rourke v. Oklahoma |
Oklahoma |
2024-04-16 |
Denied |
IFP |
18-usc-921a33b 18-usc-922g9 constitutional-rights domestic-violence effective-assistance-of-counsel firearms-prohibition ineffective-assistance misdemeanor-domestic-violence padilla-precedent padilla-v-kentucky second-amendment |
Whether counsel is constitutionally deficient for failing to notify a U.S. citizen of the loss of Second Amendment rights due to a misdemeanor domesti… |
| 23A921 |
Carmen Difilippantonio v. Arizona |
Arizona |
2024-04-16 |
Presumed Complete |
|
criminal-procedure due-process federal-habeas ineffective-assistance post-conviction state-court-review |
Whether a state court's denial of a post-conviction review petition without addressing substantive claims of legal error violates a criminal defendant… |
| 23-7227 |
Richard Lee Tabler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-04-15 |
Denied |
Amici (1)IFP |
agency-relationship habeas-corpus ineffective-assistance ineffective-assistance-of-counsel maples-v-thomas martinez-v-ryan procedural-default sixth-amendment state-post-conviction |
Where counsel's renunciation of representation leads to a procedural default in state post-conviction proceedings that provide the initial opportunity… |
| 23-7196 |
Adam Carson v. United States |
Sixth Circuit |
2024-04-10 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights first-impression ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper missouri-v-frye plea-bargaining plea-offer sentencing-reduction sixth-amendment |
Whether the panel's opinion violated the defendant's Sixth Amendment right by failing to accept the government's plea proposal |
| 23-7176 |
Albert Enrique Narvaez v. Florida |
Florida |
2024-04-10 |
Denied |
Response WaivedIFP |
constitutional-burden counterfactual-analysis criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-review plea-bargaining presumption-of-acceptability prosecutorial-discretion |
Does Missouri v. Frye place an unreasonable burden on defendants? |
| 23-7185 |
Lawrence Northern v. Lizzie Tegels, Warden |
Wisconsin |
2024-04-10 |
Denied |
Response WaivedIFP |
appellate-procedure counsel-of-choice direct-appeal due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment state-v-machner strickland-standard strickland-v-washington |
Question not identified. |
| 23-7175 |
Philip Ayala v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2024-04-09 |
Denied |
Response WaivedIFP |
capital-case criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health-records |
Whether the district court erred in granting habeas relief on the petitioner's claim of ineffective assistance of counsel for failure to obtain mental… |
| 23-7180 |
Gary Wayne Warner v. Texas |
Texas |
2024-04-09 |
Denied |
IFP |
actual-innocence criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice newly-discovered-evidence plea-bargaining plea-package state-law-ground |
Whether Texas Court of Criminal Appeal's is applying Sec.4 {TCCP Art.11.07] as adequate & independent state law ground |
| 23-7187 |
Leslie Galloway, III v. Mississippi |
Mississippi |
2024-04-09 |
Denied |
IFP |
constitutional-rights criminal-defense death-penalty ineffective-assistance ineffective-assistance-of-counsel investigation-standard mitigation post-hoc-strategy post-traumatic-stress-disorder procedural-history sixth-amendment |
whether-post-hoc-speculation-about-strategy-can-excuse-a-failure-to-conduct-reasonable-investigation |
| 23-7134 |
Daniel Louis Jackson v. United States |
Eighth Circuit |
2024-04-04 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure cole-application due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default search-and-seizure search-warrant standard-of-review |
Whether a magistrate can rely on information not provided in the affidavit when determining if there is a substantial basis to issue a warrant |
| 23-7119 |
Brian J. Dorsey v. David Vandergriff, Warden |
Missouri |
2024-04-02 |
Denied |
IFP |
appointed-counsel capital-murder conflict-of-interest constitutional-rights cuyler-v-sullivan flat-fee-contract ineffective-assistance ineffective-assistance-of-counsel strickland |
Whether, where appointed counsel in a capital case had a flat-fee contract and failed to investigate or challenge a capital murder charge to the clien… |
| 23-7128 |
Harvey Windsor v. Steven T. Marshall, Attorney General of Alabama, et al. |
Eleventh Circuit |
2024-04-02 |
Denied |
IFP |
accomplice-liability capital-murder certificate-of-appealability death-penalty discovery-limitation habeas-corpus head-injury ineffective-assistance ineffective-assistance-of-counsel postconviction-relief |
Whether a habeas petitioner is entitled to a certificate of appealability when the state trial court and federal district court agree that the petitio… |
| 23-7116 |
Ricky L. Reese v. Oklahoma |
Oklahoma |
2024-04-01 |
Denied |
IFP |
competency constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review sentencing-error statute-of-limitations |
Does a person who is convicted have the right to judicial review from the courts even if they did not file within one year of their sentence becoming … |
| 23-7085 |
Isaiah Glenndell Tryon v. Christe Quick, Warden |
Tenth Circuit |
2024-03-27 |
Denied |
IFP |
atkins-claim atkins-v-virginia capital-punishment flynn-effect habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability post-conviction-relief procedural-default |
Where a state habeas court considers the merits of a defaulted counsel claim to decide whether statutorily required post-conviction counsel was ineffe… |
| 23-7087 |
Natasha Bates, aka Tasha Bates v. Tennessee |
Tennessee |
2024-03-27 |
Denied |
IFP |
4th-amendment 6th-amendment criminal-procedure evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment |
Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief due to introduction of evidence from a warrantless… |
| 23A864 |
Manuel Sepulveda v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-03-27 |
Presumed Complete |
|
capital-case death-penalty habeas-corpus ineffective-assistance penalty-phase post-conviction |
Whether ineffective assistance of counsel during a capital case's penalty phase warrants federal habeas relief when state post-conviction proceedings … |
| 23-1055 |
Jeremy Alan Douglass v. Arizona |
Arizona |
2024-03-26 |
Denied |
Response Waived |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief right-to-counsel sixth-amendment substance-abuse |
Whether evidence of a defense attorney's impairment due to substance abuse discovered after the first petition for post-conviction relief was decided … |
| 23-7066 |
Tremane Wood v. Christe Quick, Warden |
Tenth Circuit |
2024-03-25 |
Denied |
IFP |
28-usc-1291 appellate-jurisdiction civil-procedure federal-jurisdiction federal-procedure federal-rules-of-civil-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60b strickland-v-washington |
Does the court of appeals have jurisdiction to review a district court's decision that a habeas petitioner's Rule 60(b)(6) motion is an unauthorized s… |
| 23-7058 |
James E. Palmer v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-03-22 |
Denied |
Response WaivedIFP |
aedpa civil-rights constitutional-rights criminal-procedure due-process equitable-tolling evidence-standard habeas-corpus ineffective-assistance state-remedies |
Whether the denial of a state prisoner's constitutional right to the writ of habeas corpus permits equitable tolling of the AEDPA statute of limitatio… |
| 23-1048 |
Michael Kellywood v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2024-03-22 |
Denied |
Response Waived |
counseling-records due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-records sixth-amendment trial-counsel |
Whether the denial of Mr. Kellywood's writ of habeas corpus regarding ineffective representation of trial counsel when failing to sufficiently researc… |
| 23-1044 |
Juan Balderas v. Texas |
Texas |
2024-03-21 |
Denied |
|
abuse-of-writ brady-violation competency-to-stand-trial constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance judicial-review |
Whether the Texas Court of Criminal Appeals' summary dismissal of Juan Balderas's subsequent habeas petition violated due process |
| 23-7039 |
Everett Dale Webb v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-20 |
Denied |
IFP |
appeals appellate-counsel constitutional-right constitutional-rights double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-exhaustion procedural-default |
Whether the court of appeals erred in concluding that Petitioner's double-jeopardy claim was unexhausted or procedurally-defaulted |
| 23A853 |
Christopher Dominguez v. United States |
Tenth Circuit |
2024-03-20 |
Presumed Complete |
|
collateral-review crime-of-violence first-step-act ineffective-assistance plea-agreement section-924c |
Whether a defendant's guilty plea to a § 924(c) charge precludes collateral review of the underlying crime of violence in light of the Supreme Court's… |
| 23-1036 |
Robert John Dodd v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-03-19 |
Denied |
|
constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Whether trial counsel was ineffective for failing to object on Double Jeopardy grounds to nine identical carbon copy indictments |
| 23-1015 |
Norman Seabrook v. United States |
Second Circuit |
2024-03-15 |
Denied |
Response Waived |
28-usc-2255 habeas-corpus habeas-law ineffective-assistance judicial-recusal light-most-favorable notice-and-hearing procedural-due-process sixth-amendment sua-sponte sua-sponte-dismissal |
Did the District Court's sua sponte denial of Petitioner's habeas petition alleging ineffectiveness of trial counsel violate habeas procedural law? |
| 23-6983 |
Christopher James Michelotti v. Austin Knudsen, Attorney General of Montana |
Ninth Circuit |
2024-03-15 |
Denied |
Response WaivedIFP |
5th-amendment brady-v-maryland civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process ineffective-assistance jury-trial prejudicial-evidence sixth-amendment |
Were Christopher Mh cheloth's 5th amendment constitutional rights violated? |
| 23-6997 |
In Re Russell Rope |
|
2024-03-15 |
Denied |
IFP |
administrative-law civil-procedure civil-rights constitutional-rights due-process equal-protection federal-jurisdiction habeas-corpus ineffective-assistance judicial-misconduct standing |
Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim |
| 23-6987 |
Michael Todd Hilton v. Daniel Akers, Warden |
Sixth Circuit |
2024-03-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process expert-testimony expert-witness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-present-defense strickland-standard strickland-v-washington |
If a defendant is prevented from presenting a complete defense by the exclusion of a substantial expert witness, has there been a violation of his fed… |
| 23-1004 |
Moises Sandoval Mendoza v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-13 |
Denied |
|
capital-punishment capital-sentencing due-process federal-court fifth-circuit habeas habeas-corpus ineffective-assistance merits-adjudication section-2254 state-court |
Whether a federal claim is 'adjudicated on the merits' in state court under 28 U.S.C. § 2254(d) |
| 23-6929 |
Herve Wilmore, Jr. v. United States |
Eleventh Circuit |
2024-03-08 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-rights district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-procedure pre-filing-injunction standing suspension-clause |
Whether the district court's pre-filing injunction violates the suspension clause |
| 23-6932 |
Tremond Thomas v. Tim Hooper, Warden |
Fifth Circuit |
2024-03-08 |
Denied |
IFP |
coerced-waiver confession-suppression due-process-rights ineffective-assistance ineffective-assistance-of-counsel interrogation involuntary-confession juvenile-interrogation juvenile-rights police-questioning right-to-counsel right-to-cut-off-questioning |
Whether a juvenile's right to stop an interrogation is violated when the interrogator refuses and insists that the questioning continues |
| 23-6915 |
Raynaldo Ray Quiroga v. United States |
Eleventh Circuit |
2024-03-07 |
Denied |
Response WaivedIFP |
actual-innocence certificate-of-appealability constitutional-violation criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice |
Whether the actual innocence exception applies to claims of innocence in the guilty plea context |
| 23-6908 |
Shawn Christy v. United States |
Third Circuit |
2024-03-06 |
Denied |
Response WaivedIFP |
court-procedure criminal-procedure due-process ineffective-assistance judgment-of-acquittal judicial-discretion judicial-error pro-se right-to-counsel self-representation sentencing-review |
Did the district court error in not permitting Mr. Christy to represent himself? |
| 23-979 |
Gerald D. Fields v. Jay Forshey, Warden |
Sixth Circuit |
2024-03-06 |
Denied |
Response Waived |
faretta-colloquy fundamental-fairness habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sentencing-procedure structural-error |
When a state trial court fails to conduct a Faretta colloquy before sentencing a defendant without counsel, is appellate counsel ineffective for faili… |
| 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… |
| 23-6894 |
Tyler A. Gonzales, fka Tyler A. Montour v. Cheryl Eplett, Warden |
Seventh Circuit |
2024-03-05 |
Denied |
Response WaivedIFP |
federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel professional-norms state-court-decision strickland-standard strickland-v-washington unreasonable-application unreasonable-determination-of-facts |
Did the Seventh Circuit err when it reviewed the merits of Gonzales's claim de novo, did not analyze the particular reasons the Wisconsin court provid… |
| 23-6857 |
Lamar Gibson v. United States |
Eleventh Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance lower-courts post-conviction-relief statutory-violation trial-testimony |
Whether the petitioner's due process, fair trial, and 6th amendment rights were violated when the lower courts omitted, manipulated, and altered trial… |
| 23-6864 |
In Re Solomon Roberts |
|
2024-02-29 |
Dismissed |
Relisted (2)IFP |
brady-violation civil-procedure constitutional-rights due-process habeas-corpus ineffective-assistance parole-revocation probation-revocation prosecutorial-misconduct standing |
Whether the Due Process Clause requires a hearing before revoking probation |
| 23-6865 |
Justus Onyiego v. Tennessee |
Tennessee |
2024-02-29 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence ineffective-assistance post-conviction right-to-counsel right-to-testify trial-counsel |
Was trial counsel ineffective? |
| 23-6843 |
Joseph A. Crenshaw v. Florida |
Florida |
2024-02-28 |
Denied |
Response WaivedIFP |
due-process expert-witness fair-trial fourteenth-amendment ineffective-assistance post-conviction sixth-amendment trial-procedure |
Does a trial court's 'tender and accept' procedure of an expert witness in front of a jury violative of a Defendant's Sixth Amendment right to a fair … |
| 23-6846 |
In Re Shirron Jozette Gayles-Zanders |
|
2024-02-28 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review civil-rights criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance mandamus nevada-supreme-court post-conviction-relief |
Whether the Nevada Supreme Court violated petitioner's fundamental due process and equal protection rights under the 14th Amendment by denying her pet… |
| 23-6856 |
Stephen Aguiar v. United States |
Second Circuit |
2024-02-28 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights conflict-of-interest due-process fraud-on-court government-fraud habeas habeas-corpus ineffective-assistance rule-60b sixth-amendment |
Whether the Second Circuit wrongly denied a COA |
| 23A796 |
Leslie Galloway, III v. Mississippi |
Mississippi |
2024-02-28 |
Presumed Complete |
|
capital-punishment constitutional-rights ineffective-assistance mitigation-investigation penalty-phase sixth-amendment |
Whether the Sixth Amendment requires reversal of a capital conviction where trial counsel provided constitutionally ineffective assistance by failing … |
| 23-6836 |
Ruixue Shi, aka Serena Shi v. United States |
Ninth Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining right-to-counsel trial-preparation voluntariness |
Whether Petitioner's guilty plea was involuntary because she decided to plead guilty based upon her attorney's advice that it was in her interest to d… |
| 23-6839 |
Donte Johnson v. Nevada |
Nevada |
2024-02-27 |
Denied |
IFP |
constitutional-rights criminal-procedure discretionary-strategy effective-counsel expert-testimony false-confessions ineffective-assistance police-interrogation sixth-amendment strickland strickland-standard |
did-the-nevada-supreme-court-deprive-petitioner-of-his-sixth-amendment-right-to-effective-counsel |
| 23-6810 |
Larry D. Mosley v. Phillip A. White, Warden |
Fourth Circuit |
2024-02-23 |
Denied |
IFP |
Abuse-of-Discretion Equal-Protection Fourteenth-Amendment habeas-corpus ineffective-assistance Police-Misconduct Prosecutorial-Misconduct Sixth-Amendment trial-court-discretion |
Ineffective-Assistance-of-Counsel |
| 23-6787 |
Jerry Means v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-02-22 |
Denied |
IFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction-proceedings post-conviction-relief state-law-rights |
Whether an indigent pro se defendant in a state criminal case who is prohibited by state law from raising any claim of trial court error on direct app… |
| 23-6790 |
James Hamilton v. United States |
Fifth Circuit |
2024-02-20 |
Denied |
Response WaivedIFP |
circuit-split drug-sentencing ineffective-assistance mens-rea sixth-amendment statutory-interpretation |
Was counsel ineffective in violation of the Sixth Amendment for failing to recognize and address the methamphetamine disparity violation committed by … |
| 23-888 |
Alfredo Felipe Rasco v. United States |
Eleventh Circuit |
2024-02-16 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure deportation-consequences guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky rule-11 rule-11-violation |
Whether the Eleventh Circuit's decision to deny my C.O.A. and the district court's denial of my motion to withdraw my guilty plea contravenes this Cou… |
| 23-6756 |
Kenneth J. Coleman v. United States |
Fifth Circuit |
2024-02-15 |
Denied |
Response WaivedIFP |
competency-hearing confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency pate-v-robinson plea-agreement |
Is the petitioner constitutionally entitled to a hearing upon the issue of his competency to stand trial |
| 23-6765 |
Ethan Andrew Hannold v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2024-02-15 |
Denied |
IFP |
his father and the egregious breach of duty from criminal-procedure due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-health-diagnosis procedural-default |
Did the U.S. Court of Appeals of the Third Circuit fail to consider the effect the combination of the relevant attributes of Mr. Hannold's diagnoses o… |
| 23-6735 |
Fuhai Li v. United States |
Third Circuit |
2024-02-13 |
Denied |
Response WaivedIFP |
actual-innocence certificate-of-appealability change-in-law conflict-of-interest fraudulent-conduct ineffective-assistance ineffective-assistance-of-counsel mandate-recall new-evidence |
Whether the court of appeals erred in denying petitioner's motion to recall its mandate when petitioner has demonstrated actual innocence or a change … |
| 23-6737 |
Anthony F. Wainwright v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-02-13 |
Denied |
IFP |
attorney-misconduct conflict-of-interest due-process equitable-tolling evidentiary-hearing federal-procedure habeas-corpus ineffective-assistance rule-60b |
Whether habeas counsel's unsworn representations can rebut a petitioner's allegation of dishonesty |
| 23-6727 |
Daniel J. Erb v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-law guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct |
Whether the lower courts' decisions were contrary to or involved an unreasonable application of clearly established federal law and an unreasonable de… |
| 23-6713 |
Tai A. Pham v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
buck-v-davis certificate-of-appealability due-process eleventh-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell supreme-court-standards witness-impeachment |
Whether the Eleventh Circuit Court of Appeal's analysis of Tai A. Pham's application for a certificate of appealability conflicts with the relevant st… |
| 23A737 |
Byron Ray Barker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-02-08 |
Presumed Complete |
|
aedpa alternative-perpetrator child-sexual-abuse habeas-corpus ineffective-assistance sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated when trial counsel failed to present alternative perpetrator evidenc… |
| 23-6696 |
Anthony Daniels v. Mark Miller, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2024-02-07 |
Denied |
Response WaivedIFP |
due-process due-process-violation ineffective-assistance right-to-counsel sixth-amendment suggestive-identification |
Whether the District Court errored for denial of Petitioner's claim that the State Identification was suggestive, improper and the State Court conclus… |
| 23-6684 |
Anthony Earl Ridley v. Thomas L. Williams, Warden |
Tenth Circuit |
2024-02-06 |
Denied |
IFP |
actual-innocence aedpa civil-procedure federal-district-court habeas-corpus ineffective-assistance presumption-of-correctness procedural-default state-appellate-court |
Question not identified |
| 23-6669 |
S.C., et vir, v. Texas Department of Protective and Regulatory Services |
Texas |
2024-02-05 |
Denied |
IFP |
appointed-counsel asfa-compliance dismissal-date due-process ineffective-assistance ineffective-counsel parental-rights procedural-fairness texas-family-code venue-transfer |
Whether the denial of appointed counsel for indigent parents harmed them and their children, violated due process, and deprived them of their parental… |
| 23-6653 |
Mark Marvin v. United States Court of Appeals for the District of Columbia |
District of Columbia |
2024-02-02 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure first-amendment free-speech habeas habeas-corpus ineffective-assistance mandamus standing |
Whether petitioner has standing to file a habeas and mandamus petition |
| 23A713 |
Richard Lee Tabler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-02-01 |
Presumed Complete |
|
agency-duties death-penalty ineffective-assistance procedural-default state-habeas waiver-of-rights |
Whether an attorney's complete abdication of agency duties during a client's waiver of state habeas review can constitute cause to excuse a procedural… |
| 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… |
| 23-6619 |
Edward Lee Smith v. United States |
Eighth Circuit |
2024-01-30 |
Denied |
Response WaivedIFP |
28-usc-2255 career-offender certificate-of-appealability circuit-precedent guideline-commentary habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2255 total-exhaustion-rule |
Whether Lundy's 'total exhaustion rule' applies to Motions under 28 U.S.C. §2255 |
| 23-6598 |
Shuaib A. Haji Mohamed v. Jay Forshey, Warden |
Sixth Circuit |
2024-01-26 |
Denied |
IFP |
constitutional-claim constitutional-rights discretionary-review federal-jurisdiction federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default state-review |
Has a state prisoner seeking federal habeas corpus made a substantial showing that his petition should have proceeded further where the procedural def… |
| 23-805 |
Christopher Paul George v. United States |
Ninth Circuit |
2024-01-25 |
Denied |
Response Waived |
buck-v-davis certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell ninth-circuit supreme-court-precedent |
Did the Ninth Circuit ignore the process re-emphasized by this Court in Buck v. Davis and Miller-El, by refusing to issue Cristopher P. George a COA, … |
| 23-6545 |
Stephen Christopher Plunkett v. United States |
Fifth Circuit |
2024-01-24 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-split civil-rights due-process habeas-corpus ineffective-assistance judicial-recusal sentencing-guidelines sixth-amendment standing |
Did the Fifth Circuit flout SCOTUS precedent in Buck v. Davis? |
| 23-6524 |
Lynn Richard Norton v. United States |
Sixth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
armed-career-criminal crack-cocaine criminal-procedure drug-quantity due-process habeas-corpus ineffective-assistance obstruction-of-justice sentencing-enhancement sixth-amendment strickland-v-washington |
Whether Defense Counsel Jessica McAfee Performance Was Ineffective Assistance Under Strickland v. Washington |
| 23A673 |
Andrew Smart v. Jamie LaManna |
Second Circuit |
2024-01-22 |
Presumed Complete |
|
appellate-review constitutional-review federal-habeas habeas-corpus ineffective-assistance state-criminal-conviction |
Whether the district court's denial of habeas corpus relief to a state prisoner was improper under federal constitutional standards for reviewing stat… |
| 23A659 |
Raymond Woodley v. North Carolina |
North Carolina |
2024-01-18 |
Presumed Complete |
|
conflict-of-counsel ineffective-assistance right-to-counsel sixth-amendment standard-of-review strickland-standard |
Whether the Sixth Amendment requires a different standard of review for claims of ineffective assistance of counsel involving a trial court's failure … |
| 23A663 |
Brandon De McCall v. Texas |
Texas |
2024-01-18 |
Presumed Complete |
|
capital-case constitutional-review death-penalty due-process ineffective-assistance texas-criminal-procedure |
Whether the Texas Court of Criminal Appeals applied constitutionally adequate standards of ineffective assistance of counsel review in a capital case |
| 23-6469 |
Eric Kimble v. Chance Andes, Acting Warden |
Ninth Circuit |
2024-01-11 |
Denied |
IFP |
capital-habeas capital-punishment habeas-corpus ineffective-assistance mental-health mitigating-evidence ninth-circuit-review prior-conviction rehabilitation strickland-standard strickland-v-washington |
Whether trial counsel's failure to conduct any investigation or seek any expert assistance, including mental health expertise, at Kimble's 1981 death … |
| 23A635 |
Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-01-09 |
Presumed Complete |
|
impartial-jury ineffective-assistance juror-bias sixth-amendment trial-counsel voir-dire |
Whether a criminal defendant's Sixth Amendment right to an impartial jury is violated when a juror with a potential familial connection to a witness i… |
| 23-6436 |
Luis Manso v. Patricia McGill, Administrator, Northern State Prison, et al. |
Third Circuit |
2024-01-08 |
Denied |
IFP |
brady-violation court-of-appeals evidence-suppression ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses prosecutorial-misconduct strickland-standard strickland-v-washington strong-evidence |
Does Strickland-v-Washington allow the Court-of-Appeals to dismiss the defendant's ineffective-assistance-of-counsel claim based on strong-evidence of… |
| 23A619 |
Steven Antonius, aka Sealed Defendant 1, Shervington Lovell, aka Sealed Defendant 1, Argemiro Zapata-Castro, aka Sealed Defendant 1 v. United States |
Second Circuit |
2024-01-03 |
Presumed Complete |
|
criminal-procedure ineffective-assistance notice-of-appeal procedural-default right-to-counsel sixth-amendment |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when counsel fails to timely file a notice of appe… |
| 23-6381 |
Roy Jackson v. Louisiana |
Louisiana |
2023-12-28 |
Denied |
IFP |
antiterrorism-and-effective-death-penalty-act civil-rights constitutional-violation due-process exculpatory-evidence extraordinary-circumstances guilty-plea habeas-corpus ineffective-assistance right-to-counsel standing |
Whether the district court erred in dismissing petitioner's habeas corpus petition as untimely under the Antiterrorism and Effective Death Penalty Act… |
| 23-6388 |
Christopher J. Barnett v. David Guten, District Judge, District Court of Tulsa County, Oklahoma |
Oklahoma |
2023-12-28 |
Denied |
IFP |
access-to-courts civil-rights constitutional-rights criminal-procedure due-process habeas-corpus indigent-pro-se ineffective-assistance judicial-bias post-conviction-relief standing |
Whether the judge's bias against the petitioner justifies recusal and whether the court's denial of access to the courts based on the petitioner's ind… |
| 23-6392 |
Phillip Watkins v. United States |
Sixth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment |
Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regarding the fact his Gui… |
| 23A588 |
Justin Willis v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-12-27 |
Presumed Complete |
|
constitutional-right habeas-corpus ineffective-assistance jury-selection peremptory-challenges strickland-standard |
Whether trial counsel's failure to object to a limitation on peremptory challenges constitutes ineffective assistance of counsel under the Strickland … |
| 23A590 |
Stephen Christopher Plunkett v. United States |
Fifth Circuit |
2023-12-27 |
Presumed Complete |
|
ineffective-assistance plea-agreement prosecutorial-misconduct right-to-counsel sentencing-enhancement sixth-amendment |
Whether a defendant's Sixth Amendment right to effective assistance of counsel is violated when multiple attorneys fail to adequately challenge plea a… |
| 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? |
| 23-6344 |
Michael Broomer v. Delaware |
Delaware |
2023-12-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct racial-discrimination sixth-amendment trial-counsel |
Questions Presented |
| 23-6345 |
Jeffrey M. Spring, Sr. v. David W. Gray, Warden |
Sixth Circuit |
2023-12-26 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence procedural-due-process sixth-amendment substantive-due-process |
Is it a violation of substantive and procedural due process to deny the defendant an evidentiary hearing to develop newly discovered evidence? |
| 23-682 |
Alabama v. Marcus Bernard Williams |
Eleventh Circuit |
2023-12-26 |
GVR |
Amici (1)Relisted (2) |
AEDPA-deference habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits merits-review procedural-grounds state-court-adjudication |
Does a state-court adjudication on the merits lose its entitlement to AEDPA deference if it is affirmed on procedural grounds? |
| 23A577 |
Tyler Gonzales, fka Tyler A. Montour v. Cheryl Eplett, Warden |
Seventh Circuit |
2023-12-22 |
Presumed Complete |
|
attorney-performance constitutional-performance ineffective-assistance professional-norms sixth-amendment strickland-standard |
Whether a reviewing court must assess an attorney's performance under the Sixth Amendment's ineffective assistance of counsel standard by objectively … |
| 23A569 |
Stephen Elliot Powers v. Mississippi |
Mississippi |
2023-12-21 |
Presumed Complete |
|
batson-challenge constitutional-law ineffective-assistance jury-selection racial-discrimination strickland-standard |
Whether a state supreme court can impose an impermissibly high standard of prejudice review that effectively nullifies the constitutional protections … |
| 23-6316 |
Daniel Vincent v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. |
Third Circuit |
2023-12-21 |
Denied |
IFP |
alternative-suspects conflict-with-circuits due-process eyewitness-testimony identification-evidence ineffective-assistance jury-instructions mistaken-identification sixth-amendment trial-strategy |
Is a defendant denied due process if his claim is not addressed by state or federal courts? |
| 23A564 |
Donte Johnson v. Nevada |
Nevada |
2023-12-19 |
Presumed Complete |
|
capital-punishment constitutional-error ineffective-assistance jury-instructions procedural-safeguards sixth-amendment |
Whether the Sixth Amendment requires a new trial when counsel fails to adequately investigate guilt-phase evidence and secure appropriate jury instruc… |
| 23A558 |
Gerald D. Fields v. Jay Forshey, Warden |
Sixth Circuit |
2023-12-18 |
Presumed Complete |
|
habeas-corpus ineffective-assistance pro-se-representation right-to-counsel sixth-amendment structural-error |
Whether the Sixth Amendment requires trial courts to explicitly warn defendants of the dangers of self-representation before finding a knowing and vol… |
| 23-6292 |
Ray O. Crowell, Jr. v. Mark R. Sevier, Warden |
Seventh Circuit |
2023-12-18 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-court civil-rights clearly-established-law counsel-claim due-process federal-habeas ineffective-assistance post-conviction standard-of-review strickland strickland-standard |
Whether the state courts resolution of Crowell's ineffective assistance of counsel claim for failing to advise of an affirmative defense was contrary … |
| 23-6267 |
Jose Gonzalez, III v. Texas |
Texas |
2023-12-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent right-to-counsel right-to-remain-silent sixth-amendment trial-procedure |
Is McCoy v Louisiana a logical extension of Florida V Nixon when concession of Petitioner's guilt was never discussed prior to trial? |
| 23-6275 |
Samuel Trelawney Hughes v. United States |
Ninth Circuit |
2023-12-15 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process ineffective-assistance plea-bargaining sentencing |
Whether the petitioner's appeal was improperly denied |
| 23A555 |
Brandon Michael Council v. United States |
Fourth Circuit |
2023-12-15 |
Presumed Complete |
|
competency-hearing criminal-trial due-process ineffective-assistance mental-competence supreme-court-review |
Whether a trial court must independently determine a criminal defendant's competency to stand trial, even when defense counsel and an expert claim the… |
| 23-6257 |
Randall Scott Jordan v. Texas |
Texas |
2023-12-14 |
Denied |
IFP |
brady brady-violation criminal-history due-process impeachment ineffective-assistance sixth-amendment suppression-of-evidence witness-credibility witness-impeachment |
Did the prosecution's suppression or withholding of state's key witness' prior violent criminal history that was favorable to accused for impeachment … |
| 23-6260 |
Charles E. Linder, Jr. v. Kenneth Black, Warden |
Sixth Circuit |
2023-12-14 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure detective-testimony evidence evidentiary-objection firearm ineffective-assistance sixth-amendment testimony witness-credibility |
Whether trial counsel was ineffective in violation of the Sixth Amendment due to failure to object to testimony |
| 23-641 |
Daisy Miller v. United States |
Eleventh Circuit |
2023-12-14 |
Denied |
Response Waived |
constitutional-rights criminal-defense criminal-procedure due-process independent-investigation ineffective-assistance ineffective-assistance-of-counsel investigation-failure trial-counsel witness-testimony |
Whether trial counsel's near total reliance on the defendant's characterization of proposed defense witnesses' testimony, and the failure to conduct m… |
| 23-6255 |
David Alexander Hunter v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-12-13 |
Denied |
IFP |
aedpa direct-appeal direct-review due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan suspension-clause |
Is the AEDPA's one-year limitation period for state prisoners to raise claims of ineffective assistance of counsel triggered by conclusion of 'direct … |
| 23-6207 |
Ottis J. Cummings Jr., aka Ottis Junior Cummings, aka Otis Cummings, aka Ottis J. Commings, aka Otis J. Cummings v. Mississippi |
Mississippi |
2023-12-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance plea-negotiations sex-discrimination standing trial-counsel |
Whether the Court denied Petitioner due process proceedings due to allegedly McKay's sex? |
| 23A522 |
Gary Wayne Warner v. Texas |
Texas |
2023-12-08 |
Presumed Complete |
|
constitutional-rights fourteenth-amendment habeas-corpus ineffective-assistance pro-se-litigant sixth-amendment |
Whether Texas's systemic failure to provide an adequate procedural vehicle for raising ineffective assistance of counsel claims violates a criminal de… |
| 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 |
| 23-6194 |
Christopher Andrew Canales v. Nathan Hoffman, Acting Warden |
Sixth Circuit |
2023-12-07 |
Denied |
IFP |
constitutional-rights criminal-procedure discovery-rights due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-discovery voluntariness-of-plea |
Whether petitioner should be entitled to full discovery (inculpatory and exculpatory) during the plea bargaining process |
| 23-6196 |
Boris Ward v. United States |
Fifth Circuit |
2023-12-07 |
Denied |
Response WaivedIFP |
criminal-representation cumulative-effect drug-transaction ineffective-assistance ineffective-assistance-of-counsel plea-offer prior-convictions reasonableness-of-sentence sentencing-guidelines |
whether-trial-counsel-provided-constitutionally-deficient-representation |
| 23-604 |
Leon Phillip Jacob v. Texas |
Texas |
2023-12-06 |
Denied |
|
habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mitigating-evidence prejudice-analysis strickland-standard strickland-v-washington williams-v-taylor |
Whether the Texas courts' prejudice analysis defies this Court's precedents in Strickland v. Washington, Williams v. Taylor, and Wiggins v. Smith |
| 23-6174 |
Jessie Dotson v. Tennessee |
Tennessee |
2023-12-06 |
Denied |
IFP |
ake-v-oklahoma collateral-proceedings constitutional-claims due-process expert-assistance ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan right-to-counsel state-prisoners |
Does a prisoner have a right to effective counsel in collateral proceedings that provide the first occasion to raise a claim of ineffective assistance… |
| 23-6156 |
David Joseph Meister v. Tyrell Davis, Warden |
Ninth Circuit |
2023-12-04 |
Denied |
Response WaivedIFP |
certificate-of-appealability complete-defense constitutional-rights false-confession habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-present-defense substantial-showing-of-denial |
Whether the Court of Appeals egregiously misapplied this Court's standard for issuing a certificate of appealability in the face of a substantial show… |
| 23-6160 |
Kennath Artez Henderson v. Zac Pounds, Warden |
Sixth Circuit |
2023-12-04 |
Denied |
Relisted (2)IFP |
constitutional-review federal-habeas-corpus grand-jury-discrimination hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment strickland-v-washington supremacy-clause |
Racial-discrimination-in-grand-jury-selection |
| 23-6146 |
Catherine Denise Randolph v. United States District Court for the District of Maryland |
Fourth Circuit |
2023-12-01 |
Denied |
IFP |
appellate-review civil-rights constitutional-review criminal-procedure due-process free-speech harmless-error ineffective-assistance obscenity standing state-court-decision surveillance |
Whether the 'Miller test' to prove obscenity violates the First Amendment |
| 23-6139 |
Milton Dwayne Gobert v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-30 |
Denied |
IFP |
client-instructions habeas-corpus ineffective-assistance ineffective-assistance-of-counsel per-se-rule sixth-amendment strickland-standard strickland-v-washington substitution-of-counsel trial-counsel trial-strategy |
Does this Court's clearly established precedent under Strickland v. Washington permit lower courts to hold that trial counsel's performance categorica… |
| 23A482 |
Mark Anthony Crudup, Jr. v. United States |
Fourth Circuit |
2023-11-29 |
Presumed Complete |
|
certiorari-petition court-appointed-counsel fourth-circuit ineffective-assistance jurisdictional-deadline withdrawal-of-counsel |
Whether a criminal defendant's right to effective assistance of counsel is violated when his court-appointed attorney seeks to withdraw without ensuri… |
| 23-6115 |
Rakeem Barber v. Arizona |
Arizona |
2023-11-28 |
Denied |
Response WaivedIFP |
collateral-review constitutional-rights federal-courts federal-review ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief postconviction-relief state-court-procedure state-courts |
Is Arizona's collateral review scheme adequate to vindicate the constitutional rights of non-capital defendants? |
| 23-6107 |
Joseph G. Cua v. Roberto A. Arias, Acting Warden |
Ninth Circuit |
2023-11-27 |
Denied |
Response WaivedIFP |
abuse-of-discretion aedpa aedpa-limitations discovery due-process habeas-corpus ineffective-assistance procedural-error rule-60-motion time-limitations |
Whether exceptions to the AEDPA one-year time limitations rendered the district court's 2015 dismissal for untimeliness of Cua's habeas petition and d… |
| 23-6099 |
Carlos Noe Gallegos v. Texas |
Texas |
2023-11-22 |
Denied |
IFP |
circuit-split citizenship-denaturalization denaturalization guilty-plea habeas-corpus immigration-consequences ineffective-assistance ineffective-assistance-of-counsel naturalized-citizenship padilla-standard padilla-v-kentucky prejudice-standard |
Whether Padilla v. Kentucky applies to denaturalization consequences of a guilty plea |
| 23-6101 |
Kevin E. Chace v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
appeals constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standards-of-review trial-counsel |
WHETHER PETITIONER SHOULD BE ENTITLED TO CERTIORARI REVIEW BASED ON MULTIPLE ERRORS OF TRIAL COUNSEL THAT OCCURRED WHILE LITIGATING PETTIONER'S CASE |
| 23A464 |
Ryan Thornton v. Wisconsin |
Wisconsin |
2023-11-22 |
Presumed Complete |
|
appellate-rights attorney-malpractice constitutional-due-process ineffective-assistance pro-se right-to-counsel |
Whether a criminal defendant's constitutional right to effective assistance of counsel was violated when his retained attorney failed to timely file a… |
| 23A460 |
Sean M. Donahue v. Pennsylvania |
Pennsylvania |
2023-11-21 |
Presumed Complete |
|
appellate-review constitutional-right court-appointed-counsel ineffective-assistance post-conviction-relief unitary-review |
Whether a court-appointed criminal defense counsel violates a defendant's constitutional right to effective assistance of counsel by forcing the defen… |
| 23A461 |
Sean M. Donahue v. Pennsylvania |
Pennsylvania |
2023-11-21 |
Presumed Complete |
|
constitutional-right court-appointed-counsel criminal-procedure ineffective-assistance post-conviction-relief unitary-review |
Whether a court-appointed criminal defense counsel can constitutionally deny an indigent defendant representation by forcing a choice between direct a… |
| 23-6070 |
Eric V. Bartoli v. United States |
Sixth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
criminal-procedure ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining prosecutorial-misconduct sentencing sentencing-error statutory-maximum |
Whether a guilty plea should be vacated when the underlying plea bargain contains an error of law (an illegal sentence) at its core |
| 23-6072 |
James Richards v. United States |
Eighth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights crawford-v-washington crawford-violation criminal-procedure evidence ineffective-assistance ineffective-assistance-of-counsel sixth-amendment testimonial-evidence |
Whether the admission of a deceased witness's testimonial video statement violated the Sixth Amendment Confrontation Clause, despite defense counsel's… |
| 23-6016 |
Malik Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-11-15 |
Denied |
IFP |
28-usc-2253(c) certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interference-with-right-to-testify postconviction-relief prior-criminal-history right-to-testify sixth-amendment |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability |
| 23-6007 |
Daniel A. Rocha v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-11-14 |
Denied |
Response WaivedIFP |
collateral-review constitutional-rights due-process exhaustion-of-remedies habeas-corpus indigent-defendant ineffective-assistance procedural-rules time-limitations |
Does Douglas v. California, 372 U.S. 358 (1968), and its progeny, require a state court to advise an indigent defendant of the procedural rules and ti… |
| 23-502 |
Noble U. Ezukanma v. United States |
Fifth Circuit |
2023-11-14 |
Denied |
Response Waived |
counsel-advice criminal-procedure defendant-testimony due-process ineffective-assistance ineffective-assistance-of-counsel prejudice right-to-testify sixth-amendment strickland strickland-standard |
How do the standards for judging ineffective-assistance-of-counsel apply to the question of what advice defense-counsel gives to a defendant concernin… |
| 23-508 |
Micah Sherif Matthews v. Chris Tripp, Warden |
Eighth Circuit |
2023-11-14 |
Denied |
|
appellate-procedure certificate-of-appealability district-court due-process eighth-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-amendment |
Whether the United States District Court For the District of Iowa erred in denying Petitioner Matthews a Certificate of Appealability |
| 23-5994 |
James Jordan McClain v. Tammy Campbell, Warden |
Ninth Circuit |
2023-11-13 |
Denied |
Response WaivedIFP |
brady-violation equitable-tolling first-degree-murder habeas-corpus ineffective-assistance prosecutorial-misconduct second-degree-murder self-defense voluntary-manslaughter |
Whether the Ninth Circuit erred in holding that extraordinary circumstances for equitable tolling must make earlier filing 'impossible' |
| 23-5996 |
Lyndon Fitzgerald Pace v. Shawn Emmons, Warden |
Eleventh Circuit |
2023-11-13 |
Denied |
Relisted (9)IFP |
aedpa capital-sentencing constitutional-error death-penalty due-process ineffective-assistance jury-argument jury-instructions prosecutorial-misconduct right-to-silence |
Whether the lower court was bound by Darden v. Wainwright under AEDPA |
| 23-5986 |
Francisco Rodriquez Ruiz, Jr. v. Jordan Wierenga |
Seventh Circuit |
2023-11-09 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights dismissal district-court due-process federal-procedure habeas-corpus ineffective-assistance pleadings procedural-default standing |
Whether the district court erred in dismissing petitioner's civil rights claims against defendants without properly considering the factual allegation… |
| 23-5959 |
Jason Claude Edwards v. Tristan Lemon, Warden |
Ninth Circuit |
2023-11-06 |
Denied |
Response WaivedRelisted (2)IFP |
counsel-advice ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper missouri-v-frye ninth-circuit plea-bargaining plea-offer prejudice-analysis prejudice-standard strickland-standard strickland-v-washington |
Whether the Ninth Circuit majority unreasonably applied clearly established Supreme Court law |
| 23-5964 |
William Glenn Rogers v. Zac Pounds, Warden |
Sixth Circuit |
2023-11-06 |
Denied |
IFP |
28-usc-2254 constitutional-review criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel penalty-phase prejudice-standard prejudice-test strickland-standard strickland-v-washington |
Is application of a prejudice standard that requires a habeas petitioner to 'eliminate or completely discredit' the prosecution's trial evidence in or… |
| 23-5945 |
Dana Jovan Johnson v. District Attorney of Allegheny County, Pennsylvania, et al. |
Third Circuit |
2023-11-02 |
Denied |
IFP |
actual-innocence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan post-conviction-relief procedural-default |
Whether inadequate assistance of counsel at initial-review collateral proceedings may establish cause for a prisoner's procedural default of a claim o… |
| 23-5935 |
Michael Ray Thomas v. Adam Douglas, Warden |
Sixth Circuit |
2023-11-01 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure due-process first-amendment ineffective-assistance judicial-discretion prosecutorial-misconduct standing sua-sponte-appointment sufficiency-of-evidence |
Whether a court of appeals may force a petitioner to proceed on appeal without the assistance of counsel after a district court ordered the appointmen… |
| 23A394 |
Steven LaWayne Nelson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-01 |
Presumed Complete |
|
circuit-split federal-review habeas-corpus ineffective-assistance section-2254 state-court |
Whether the preclusive scope of 28 U.S.C. § 2254(d) permits federal courts to consider ineffective assistance of counsel claims that were not adjudica… |
| 23-5916 |
Steven Richard Taylor v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-10-31 |
Denied |
IFP |
criminal-procedure dna-evidence due-process expert-testimony frye-standard frye-test ineffective-assistance ineffective-assistance-of-counsel interrogation right-to-counsel |
Was Petitioner prejudiced by trial counsel's failure to move for adversarial testing of the State's novel DNA testing and statistics under Frye v. Uni… |
| 23-5906 |
Carey Ackies v. United States |
First Circuit |
2023-10-30 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional constitutional-rights direct-appeal due-process ineffective-assistance procedural-prerequisites sixth-amendment standing strickland-standard strickland-v-washington |
Whether Ackies has satisfied all procedural prerequisites necessary to file COA? |
| 23-5896 |
Frank Richardson v. United States |
Sixth Circuit |
2023-10-27 |
Denied |
Response WaivedRelisted (3)IFP |
§2255-motion 924(c) civil-rights constitutional-rights due-process indictment ineffective-assistance jury-instructions plain-error sentencing sentencing-jurisdiction |
Did the courts violate the petitioner's constitutional rights by denying his motion to vacate, set aside, or correct sentence despite errors, governme… |
| 23-5901 |
Albert Randolph v. Texas |
Texas |
2023-10-27 |
Denied |
IFP |
appellate-review criminal-procedure due-process habeas-corpus ineffective-assistance new-trial |
Court of Criminal Appeals error denying Writ of Habeas Corpus for New Trial |
| 23-5904 |
Hazhar A. Sayed v. Colorado |
Colorado |
2023-10-27 |
Denied |
IFP |
appellate-review criminal-procedure excusable-neglect ineffective-assistance ineffective-assistance-of-counsel postconviction-motion sentencing standard-of-review |
Whether the Colorado Court of Appeals misapplied the standard of review applicable to assertion of justifiable excuse or excusable neglect for belated… |
| 23-444 |
Steven Lee Moss v. Gary Miniard, Warden |
Sixth Circuit |
2023-10-27 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
6th-amendment counsel-denial cronic-exception effective-assistance-of-counsel ineffective-assistance prejudice sixth-amendment state-action strickland-standard strickland-v-washington united-states-v-cronic |
Whether, when counsel is physically present, state action is required before a court may find a complete denial of counsel under Cronic |
| 23-5891 |
Luis Alonso Hidalgo, III v. Tim Garrett, Warden, et al. |
Ninth Circuit |
2023-10-26 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel joinder joint-trial sixth-amendment |
Did the Ninth Circuit err in denying Petitioner Hidalgo's claims of ineffective assistance of counsel, improper joinder, and improper convictions? |
| 23-5861 |
Joseph Pierre v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-10-23 |
Denied |
Response WaivedRelisted (2)IFP |
brady-violation due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel kyles-v-whitley prosecutorial-misconduct sixth-amendment sixth-amendment-right |
Whether the Courts below decided an important federal question in a way that conflicts with the relevant decisions of this court |
| 23-5797 |
In Re Deryl Dude Nelson |
|
2023-10-18 |
Dismissed |
IFP |
arrest-warrant complaint complaint-validity fourth-amendment ineffective-assistance judicial-finding judicial-hearing probable-cause statutory-requirement |
Did the state appeals court err in finding the complaint met the statutory requirement absent a judicial finding of probable cause? |
| 23-5807 |
Fares Mustafa v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-10-18 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington witness-translation |
Whether the State Court's ruling on Petitioner's claim that Trial Counsel was ineffective for failing to move to suppress Petitioner's inculpatory sta… |
| 23-5811 |
Valery LaTouche v. Harold D. Graham, Superintendent, Auburn Correctional Facility |
Second Circuit |
2023-10-17 |
Denied |
IFP |
due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) rule-60b self-incrimination |
whether-new-york-cpl-440.10(2)(c)-statutes-being-amended |
| 23-5829 |
Luis Rios v. Patrick Covello, Warden |
Ninth Circuit |
2023-10-17 |
Denied |
Response WaivedIFP |
aedpa aedpa-limitations chain-of-custody factual-predicate habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice-prong statute-of-limitations |
When determining the one-year limitations period under 28 U.S.C. §2244(d)(1)(D) of the Antiterrorism and Effective Death Penalty Act (AEDPA) for an in… |
| 23-5801 |
Jeffery Ducote v. Tim Hooper, Warden |
Fifth Circuit |
2023-10-16 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel right-to-testify sixth-amendment |
Whether Mr. Ducote's 5th, 6th, and 14th Amendment rights were violated when his right to testify was taken from him |
| 23-5802 |
Erie Adams, aka Michael Johnson v. United States |
Sixth Circuit |
2023-10-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defense-counsel due-process habeas-corpus ineffective-assistance legal-precedent sixth-amendment strickland-standard strickland-v-washington |
Was the defense counsel ineffective under Strickland v. Washington? |
| 23-5770 |
Victor M. Barahona v. Matthew J. Platkin, Attorney General of New Jersey, et al. |
Third Circuit |
2023-10-12 |
Denied |
IFP |
criminal-procedure due-process fifth-amendment ineffective-assistance involuntary-confession miranda-warning police-interrogation self-incrimination |
When Detective Lopez told Petitioner that his statement could be used in his favor, did Detective Lopez subverted the Miranda warning, thus, rendered … |
| 23-5732 |
Wayne Harris v. Sergeant Stash, et al. |
Third Circuit |
2023-10-10 |
Denied |
IFP |
civil-rights constitutional-rights deportation due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel malicious-prosecution racial-discrimination wrongful-conviction |
Whether the petitioner's conviction should be vacated due to ineffective assistance of counsel, leading to a violation of his constitutional rights, a… |
| 23-5734 |
Lawrence Flack v. United States |
Sixth Circuit |
2023-10-10 |
Denied |
Response WaivedIFP |
appellate-waivers constitutional-rights double-jeopardy guilty-plea ineffective-assistance ineffective-counsel plain-error plea-agreement |
Whether Appellant counsel's Anders brief was inadequate where evidence exists that Appellant's Constitutional rights were violated, including double j… |
| 23-5736 |
In Re Travis J. Guttu |
|
2023-10-10 |
Denied |
IFP |
actual-innocence aedpa-deadline criminal-procedure due-process habeas-corpus ineffective-assistance plea-agreement plea-bargaining procedural-innocence |
Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place? |
| 23-5695 |
Stephen Michael Michuda v. Minnesota |
Minnesota |
2023-10-03 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-violation due-process effective-assistance-of-counsel indigent-defendants indigent-rights ineffective-assistance procedural-bar public-defender public-defenders time-bar |
Is it unconstitutional for the State of Minnesota to block all avenues for indigent defendants against public defenders? |
| 23-5710 |
Darryl Burghardt v. Tammy L. Campbell, Warden |
Ninth Circuit |
2023-10-03 |
Denied |
Response WaivedIFP |
batson-challenge civil-rights due-process equal-protection ineffective-assistance jury-selection peremptory-strike racial-discrimination |
Whether Petitioner Darryl Burghardt's trial counsel performed deficiently by refusing to raise, and thereby waiving, a meritorious Batson objection |
| 23-5677 |
Rodtravion Woods v. Brian Cates, Warden |
Ninth Circuit |
2023-09-29 |
Denied |
Response WaivedIFP |
constitutional-rights credibility credibility-challenge effective-assistance-of-counsel government-witness habeas-corpus impeachment-evidence ineffective-assistance prejudice sixth-amendment trial-counsel |
Was petitioner prejudicially denied his constitutional right to the effective assistance of counsel |
| 23-5660 |
Taberon Dave Honie v. Robert Powell, Warden |
Tenth Circuit |
2023-09-27 |
Denied |
Amici (1)Relisted (2)IFP |
capital-sentencing constitutional-rights federal-habeas habeas-corpus ineffective-assistance jury-waiver prejudice-standard state-statutory-right waiver |
When a capital defendant on federal habeas review challenges as ineffective his counsel's performance as it relates to the defendant's waiver of a sta… |
| 23-321 |
Jerry J. Davis, Jr. v. United States |
Sixth Circuit |
2023-09-27 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland strickland-standard trial-counsel |
Whether the District Court and Sixth Circuit Erred When Both Found That Mr. Davis Was Not Entitled to the Issuance of a Certificate of Appealability f… |
| 23-5644 |
Robert Timothy Blake v. United States |
Fifth Circuit |
2023-09-25 |
Denied |
Response WaivedRelisted (2)IFP |
coa-mandate constitutional-rights due-process government-witness ineffective-assistance judicial-review plea-bargain record-evidence reversible-error strickland-standard strickland-v-washington |
Ineffective-assistance-of-counsel |
| 23-5639 |
Damaso Rivera-Fonseca v. United States |
Eleventh Circuit |
2023-09-22 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-challenge convicted-felon criminal-procedure felon-in-possession firearm-possession habeas-corpus ineffective-assistance rehaif-v-united-states strickland-standard |
Was the defense counsel ineffective under Strickland v. Washington? |
| 23-5634 |
Jacob M. Currey v. Illinois |
Illinois |
2023-09-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-standard plea-bargaining right-to-appeal sixth-amendment |
Whether the court clerk's refusal to file a pro se motion to withdraw guilty plea violates the petitioner's right to appeal |
| 23-5620 |
Margaret A. Allen v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-09-20 |
Denied |
IFP |
capital-punishment certificate-of-appealability constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel mitigation sixth-amendment strickland-v-washington |
Whether the Eleventh Circuit flouted this Court's relevant decisions and precedent by declining to even grant a certificate of appealability regarding… |
| 23-5573 |
Lashun Tracy Tinnen v. United States |
Fourth Circuit |
2023-09-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defense-counsel habeas-corpus ineffective-assistance legal-precedent performance-evaluation right-to-counsel sixth-amendment strickland-standard strickland-test |
Was the defense counsel ineffective under Strickland v. Washington? |
| 23-5553 |
Randy Haight v. Scott Jordan, Warden |
Sixth Circuit |
2023-09-12 |
Denied |
IFP |
capital-case capital-punishment due-process evidentiary-hearing expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-retardation statutory-interpretation |
How to reconcile 28 U.S.C. § 2254(d)(2) and 28 U.S.C. § 2254(e)(1) in capital cases |
| 23-5557 |
Millard E. Price v. Centurion of Delaware, LLC, et al. |
Delaware |
2023-09-12 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discovery due-process evidence fair-trial indigent ineffective-assistance post-conviction-relief prisoner |
When a state court of last resort denies a prisoner's attempt to obtain discovery and other hypotheses from evasive defendants, does the prisoner's in… |
| 23-5539 |
Trezjuan Thompson v. United States |
First Circuit |
2023-09-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-of-appeals circuit-split criminal-procedure criminal-sentencing deficient-performance ineffective-assistance new-rule-doctrine new-rule-of-law sentencing-counsel supreme-court-precedents |
How far afield from prior criminal sentencing cases does a doctrinal opinion from a regional circuit court of appeals have to go before it qualifies a… |
| 23-5522 |
Javier Guerra v. United States |
Fifth Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure drug-quantities fifth-circuit ineffective-assistance ineffective-assistance-of-counsel sentence-enhancement sentencing-enhancement strickland-standard strickland-v-washington |
Was the defense counsel ineffective according to the Strickland v. Washington 466 U.S. 668 (1984) precedent when failing to alert Guerra about potenti… |
| 23-5528 |
Lahme Perkins v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2023-09-06 |
Denied |
Relisted (2)IFP |
cause-and-prejudice habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-facts notice post-conviction-relief procedural-default third-circuit-court |
Did the Third Circuit Court of Appeals err in failing to grant the certificate of appealability |
| 23-5479 |
Lee Edward Peyton v. Theresa Cisneros, Warden |
Ninth Circuit |
2023-08-30 |
Denied |
IFP |
aedpa civil-rights constitutional-rights due-process faretta-inquiry habeas-corpus ineffective-assistance judicial-review pro-se-petition standing summary-denial |
Whether the complete failure to conduct a Faretta-compliant inquiry with the accused in the face of a clear and unequivocal request to proceed pro se … |
| 23-5489 |
Lonnie Dee Brown v. Oklahoma |
Oklahoma |
2023-08-30 |
Denied |
IFP |
appellate-review criminal-procedure daubert daubert-standard evidence expert-testimony ineffective-assistance kumho-tire standard-of-review strickland-test |
Whether the Oklahoma Court of Criminal Appeals' review of trial courts decisions to admit or exclude expert testimony comport with the United States S… |
| 23-5474 |
Abder Salim v. Stephen Kennedy, Superintendent, Old Colony Correctional Center |
First Circuit |
2023-08-29 |
Denied |
Response WaivedIFP |
dna-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-impairment procedural-default successive-petition tolling tolling-doctrine |
Should the lateness of the habeas petition be excused due to the petitioner's mental health issues and the DNA evidence? |
| 23-5421 |
Brent Ray Brewer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-23 |
Denied |
IFP |
capital-punishment certificate-of-appealability constitutional-claim future-dangerousness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-review strickland-v-washington |
whether-contradictory-state-federal-court-rulings-demonstrate-debatability-of-constitutional-claim |
| 23-5424 |
Caesar V. Vaca v. United States |
Eighth Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
appellate-review civil-rights-restoration constitutional-challenge criminal-procedure due-process federal-firearms-law felony-possession habeas-corpus ineffective-assistance ineffective-assistance-of-counsel restoration-of-civil-rights second-amendment |
Whether reasonable jurist could debate that trial and appellate counsel failed to invoke 18 U.S.C. §921(a)(20) |
| 23-5410 |
Sedrick D. Russell v. J. Denmark |
Fifth Circuit |
2023-08-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice pro-se-petition sixth-amendment standing |
Must a pro se petitioner alleging a complete denial of counsel specifically cite Cronic to exhaust his claim in the state court? |
| 23-5398 |
Charles Michael Ledford v. United States |
Fourth Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
5th-amendment amendment constitutional-rights district-court-review due-process federal-procedure federal-rule-of-civil-procedure-15 habeas-corpus ineffective-assistance post-conviction-relief |
Whether district courts violate fundamental principles of due process under the Fifth Amendment by denying a § 2255 movant's request to amend their pl… |
| 23-162 |
Christian Winchel v. United States |
Fifth Circuit |
2023-08-18 |
Denied |
Response Waived |
civil-procedure contemporaneous-evidence due-process habeas-corpus ineffective-assistance judicial-procedure plea-bargain plea-bargaining postconviction-review section-2255 standard-of-review |
Whether the Fifth Circuit Court of Appeals has departed from the accepted and usual course of postconviction proceedings under 28 U.S.C. § 2255 |
| 23-155 |
Isaac Luna Ashton v. Rick Whitten, Warden |
Tenth Circuit |
2023-08-17 |
Denied |
|
aedpa certificate-of-appealability court-of-appeals district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel tenth-circuit |
Whether the United States District Court erred in denying a Certificate of Appealability |
| 23-5374 |
Jessie C. Roberts v. Danny Samuel |
Ninth Circuit |
2023-08-17 |
Denied |
Response WaivedIFP |
competency criminal-procedure delusions hallucinations incompetency ineffective-assistance mental-health specific-intent |
Whether trial counsel provided ineffective assistance by failing to investigate and present testimony from mental health experts supporting that the c… |
| 23-5351 |
John P. Ramirez v. United States |
Fifth Circuit |
2023-08-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability citizen-united-v-fec due-process ineffective-assistance ineffective-assistance-of-counsel medicare-fraud post-conviction-relief section-2255 yee-v-escondido |
Whether the court below erred in procedurally denying to issue a COA for this purely legal claim, in direct conflict with this Court's opinion in Home… |
| 23-5343 |
Scott Lindsay Halfhill v. Washington |
Washington |
2023-08-11 |
Denied |
IFP |
alternative-suspect circumstantial-evidence criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-doubt sixth-amendment |
Should this Court grant Certiorari when Halfhill was convicted of killing a man with intent upon nothing more than being one of many people in the vic… |
| 23-5336 |
Maurice Walker v. Nicholas Lamb, Warden |
Eighth Circuit |
2023-08-10 |
Denied |
IFP |
constitutional-rights due-process felony-murder ineffective-assistance ineffective-counsel jury-instructions prosecutorial-misconduct reasonable-doubt |
Did the trial court err in applying the felony murder rule and submitting an incomplete jury verdict that violated the defendant's due process rights? |
| 23-5306 |
Kenneth Ray Holbert, Sr. v. Texas |
Texas |
2023-08-09 |
Denied |
IFP |
abuse-of-discretion constitutional-right direct-appeal ineffective-assistance legal-burden state-court state-court-procedure strickland-standard strickland-test summary-reversal two-pronged |
Where a Strickland claim is appropriately raised on direct appeal, may a state court add to the two-pronged Strickland test a burden of showing the tr… |
| 23-5307 |
Curt Daniel Crowder v. Texas |
Texas |
2023-08-09 |
Denied |
IFP |
appellate-process appellate-review constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance remedy right-to-counsel right-to-present-witnesses trial-procedure trial-process |
When a citizen is deprived of the right to present witnesses in his defense, and effective assistance of counsel, in both the trial and appellate proc… |
| 23-5312 |
In Re Brian D. Smith |
|
2023-08-09 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal plea-bargaining right-to-appeal |
Is Smith's plea of guilty invalid? |
| 23-5300 |
Sandro Ramos v. Chris Rankins |
Tenth Circuit |
2023-08-08 |
Denied |
IFP |
14th-amendment 6th-amendment brady-violation civil-procedure civil-rights constitutional-law due-process free-speech ineffective-assistance jury-misconduct standing |
Whether the lower court erred in its interpretation of the First Amendment's free speech protections |
| 23-121 |
Patrick Shin v. United States |
Ninth Circuit |
2023-08-08 |
Denied |
Response Waived |
coram-nobis criminal-case criminal-procedure defendant-decision-making ineffective-assistance plea-bargaining post-hoc-assertion prejudice strickland-standard strickland-v-washington writ-of-error |
Whether a district court may require an additional showing of prejudice to grant a writ of coram-nobis |
| 23-5294 |
Micky Don Wade v. Texas |
Texas |
2023-08-07 |
Denied |
IFP |
criminal-procedure cronic-standard due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard |
Whether a state court may evaluate a Cronic claim under the more burdensome standard of Strickland |
| 23-5295 |
Custodio Carrasco-Garcia v. United States |
Fifth Circuit |
2023-08-07 |
Denied |
Response WaivedIFP |
counsel-performance criminal-procedure due-process ineffective-assistance right-to-appeal sixth-amendment strickland-standard strickland-v-washington |
Was the defense counsel ineffective in not automatically filing a notice of appeal? |
| 23-5296 |
Leonel Marin-Torres v. United States |
Ninth Circuit |
2023-08-07 |
Denied |
Response WaivedIFP |
criminal-justice-reform effective-assistance-of-counsel equitable-relief first-step-act guidelines-range ineffective-assistance pro-se-representation sentencing-guidelines sixth-amendment |
Whether a district court complies with Concepcion v. United States when deciding a First Step Act motion |
| 23-5280 |
Robert A. Griffin v. Stewart Eckert, Superintendent, Wende Correctional Facility |
Second Circuit |
2023-08-04 |
Denied |
Response WaivedRelisted (2)IFP |
aedpa antiterrorism-and-effective-death-penalty-act certificate-of-appealability certificate-of-appealibility equitable-tolling extraordinary-circumstances government-misconduct habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60-motion |
Whether Mr. Griffin is entitled to a COA |
| 23-5289 |
Willie Seth Crain, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-08-04 |
Denied |
IFP |
appellate-review constitutional-rights criminal-procedure due-process evidence-sufficiency fourteenth-amendment ineffective-assistance pleadings sixth-amendment sufficiency-of-evidence |
Is it a violation of the Fourteenth Amendment right to Due Process to allow a conviction to stand where some of the elements of the crime were not est… |
| 23-5277 |
Sergio Ochoa v. Oak Smith, Acting Warden |
Ninth Circuit |
2023-08-03 |
Denied |
IFP |
background-investigation capital-punishment capital-sentencing ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence neuropsychological-deficits post-traumatic-stress post-traumatic-stress-disorder strickland-v-washington williams-v-taylor |
Whether the Ninth Circuit's decision in Ochoa v. Davis conflicts with Supreme Court precedent in Williams v. Taylor, Wiggins v. Smith, and Rompilla v.… |
| 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 |
| 23-5248 |
Nikolas Gacho v. Tyrone Baker, Warden |
Seventh Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
28-usc-2254 6th-amendment certificate-of-appealability conflict-of-interest due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment |
Should the 7th Circuit Court of Appeals have issued a certificate of appealability |
| 23-5247 |
In Re David Jackson |
|
2023-07-31 |
Dismissed |
IFP |
and post-conviction proceedings trial 14th-amendment 4th-amendment arrest-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel post-conviction-relief probable-cause retaliation search-and-seizure self-incrimination trial-procedure |
Whether the warrantless search and seizure of February 14, 1991 violated the 4th and 14th Amendment rights |
| 23-5224 |
James Scott v. Illinois |
Illinois |
2023-07-27 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure constitutional-rights discretionary-review due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence trial-court-record trial-court-records |
Whether Appellate Court abused its discretion |
| 23-5227 |
Luis Roman v. Illinois |
Illinois |
2023-07-27 |
Denied |
IFP |
abuse-of-discretion civil-rights criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-counsel |
Why were the defendant indicted and tried at a bench trial in violation of 725 ILCS 5/109-3? |
| 23-82 |
Joshua Isaiah Joyner v. Texas |
Texas |
2023-07-27 |
Denied |
Response Waived |
constitutional-violations criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel juvenile-justice procedural-due-process prosecutorial-misconduct self-defense |
Did the TCCA deny petitioner procedural due process by summarily rejecting his substantial constitutional claims without requiring the trial court to … |
| 23-5199 |
Duron B. Peoples v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2023-07-26 |
Denied |
IFP |
compulsory-process criminal-procedure due-process federal-courts hearsay-exception ineffective-assistance ineffective-counsel murder-conspiracy witness-testimony witness-unavailability |
Is federal due process violated where a federal court concludes that a petitioner's counsel ineffective claim lacks merit because petitioner did not s… |
| 23-5205 |
Steven Lesane v. United States |
Second Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation |
Whether the District Court abused its discretion in denying appellant's motion to withdraw guilty plea |
| 23-5195 |
Cynthia Kaye Wood v. Texas |
Texas |
2023-07-25 |
Denied |
IFP |
constitutional-rights criminal-intent criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance mens-rea specific-intent voluntary-plea |
Was the defendant's guilty plea voluntary when she did not know the mens rea for the charged offense? |
| 23-5180 |
Dickens Etienne v. Michelle Edmark, Warden |
First Circuit |
2023-07-24 |
Denied |
Response WaivedIFP |
criminal-investigation criminal-procedure exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness post-arrest-conduct post-conviction-review right-to-counsel strickland-standard strickland-v-washington |
Whether trial counsel's failure to investigate the defendant's history of mental illness and mental health issues, including as it related to the alle… |
| 23-5150 |
Augustus Quintrell Light v. United States |
Eighth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
constitutional-due-process criminal-procedure government-misconduct illegal-sentence ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-error |
Did the Eighth Circuit Court of Appeals commit plain error when it found that the district court did not abuse its discretion in denying petitioner's … |
| 23-5152 |
Angel Maldonado v. Pennsylvania |
Pennsylvania |
2023-07-20 |
Denied |
Response WaivedIFP |
criminal-procedure curative-instruction ineffective-assistance ineffective-assistance-of-counsel jury-instructions pennsylvania-supreme-court reasonable-doubt state-court-review |
Whether the Pennsylvania Supreme Court erred in denying a new trial based on ineffective assistance of counsel for failing to object to jury instructi… |
| 23-5154 |
Justin Christopher Smith v. United States |
Sixth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
appeal-waiver armed-career-criminal-act criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentencing statutory-interpretation statutory-sentencing violent-felony violent-offense |
Whether an appeal waiver can bar an attack on an enhanced statutory sentence? |
| 23-5124 |
Quincetta Yvonne Cargill, aka Queen, aka Tonya, aka Angela Scott, aka Antela Scott, aka QuincetTucker, aka Quincetta Tucker v. United States |
Eleventh Circuit |
2023-07-18 |
Denied |
Response WaivedIFP |
appeal appellate-counsel appellate-procedure civil-rights direct-appeal due-process eleventh-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings petition-for-rehearing right-to-counsel |
Whether the exclusion of the appellant's opinions, requests for inclusion of psychiatrist's testimony, and other information as to the preserved issue… |
| 23-5125 |
Justin Lewis v. United States |
Eleventh Circuit |
2023-07-18 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance jurisdiction sixth-amendment |
Whether the Double Jeopardy Clause prohibits the government from prosecuting a defendant for the same offense after a court has previously denied the … |
| 23-5089 |
Garland Bernell Harper v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-13 |
Denied |
IFP |
batson batson-challenge certificate-of-appealability equal-protection fifth-circuit habeas ineffective-assistance jury-selection peremptory-strike race-discrimination |
Does the Fifth Circuit Court of Appeals' methodology for evaluating a prosecutor's facially race-neutral reasons for purposeful discrimination violate… |
| 23-20 |
Reza Ahmadi v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-06 |
Denied |
|
constitutional-claims exhaustion-doctrine habeas-corpus ineffective-assistance johnson-v-williams judicial-proceedings procedural-default rule-60b supreme-court-precedent trevino-v-thaler |
Does a court contravene Johnson v. Williams and Trevino v. Thaler when it holds an ineffective assistance claim was unexhausted and procedurally defau… |
| 23-5032 |
L. Brian Whitfield v. United States |
Sixth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
aedpa civil-procedure civil-rights due-process federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction pro-se standing state-prisoner |
Whether a district court abused its discretion by failing to use its own factual finding as proof that a claim was actionable |
| 23-5037 |
Patrick L. Martinez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-05 |
Denied |
Relisted (3)IFP |
due-process equal-protection habeas-corpus indigent-prisoners ineffective-assistance ineffective-assistance-of-counsel sixth-amendment texas-criminal-procedure |
Do Texas procedures for postconviction habeas corpus violate the Sixth Amendment and deny indigent prisoners equal protection and due process of law b… |
| 23-5039 |
Thomas E. Creech v. Tim Richardson, Warden |
Ninth Circuit |
2023-07-05 |
Denied |
Amici (1)IFP |
capital-sentencing death-row eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel psychopathy sixth-amendment |
Whether evidence of or reference to psychopathy should be treated as potentially mitigating or as categorically aggravating in capital sentencings |
| 23-5043 |
Coby Quinton Ceaser v. Tim Hooper, Warden |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-suppression ineffective-assistance jackson-standard jury-instructions prosecutorial-misconduct right-to-present-defense right-to-testify trial-fairness |
Can the Jackson standard be satisfied when relevant, material, and appreciable evidence is impermissibly kept from the jury? |
| 23-5003 |
Monty J. Banister v. Kansas |
Kansas |
2023-06-30 |
Denied |
Response WaivedIFP |
criminal-procedure duty-to-consult effective-assistance-of-counsel ineffective-assistance notice-of-appeal post-conviction-relief roe-v-flores-ortega sixth-amendment trial-counsel |
Does this Court's decision in Roe v. Flores-Ortega establish a rebuttable presumption of Sixth Amendment duty to consult client post-conviction? |
| 22-7895 |
Anthony James Merrick v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
actual-innocence certiorari-appeal civil-rights constitutional-violation due-process effective-assistance-of-counsel federal-court habeas-corpus ineffective-assistance standing |
Whether the trial court had a duty to put on the record a colloquy that the defendant knowingly, intelligently, and voluntarily waived his right to te… |
| 22-7901 |
Samuel Howard v. Renee Baker, Warden |
Ninth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-defense criminal-procedure habeas-corpus ineffective-assistance judicial-inquiry legal-representation prejudice right-to-counsel sixth-amendment |
Sixth-Amendment-violation |
| 22-7888 |
Desean Lamont Thomas, nka Pharaoh El-Forever Left-I Amen El v. Minnesota |
Minnesota |
2023-06-28 |
Denied |
Relisted (2)IFP |
due-process economic-barrier expert-testimony expert-witness indigent-defendant ineffective-assistance ineffective-assistance-of-counsel pro-se strickland-standard |
If a state conditions satisfying Strickland's first prong, on the testimony of two privately funded expert witnesses against a indigent pro se prisone… |
| 22-7877 |
Corey Coggins v. Murray Tatum, Warden |
Georgia |
2023-06-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel joint-defense-agreement sixth-amendment strickland-standard strickland-v-washington trial-strategy |
Is it ineffective assistance of counsel for a court-appointed attorney to enter into a joint defense agreement without client consent, waiving 4th Ame… |
| 22-7859 |
Timothy Sumpter v. Kansas |
Tenth Circuit |
2023-06-23 |
Denied |
Response WaivedIFP |
due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis state-post-conviction strickland strickland-standard sufficiency-of-evidence |
Is it contrary to the clearly established Strickland standard to assess the prejudice from trial counsel's ineffective assistance of counsel for her f… |
| 22-7801 |
Immanuel Christian Price v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2023-06-16 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-claim counsel-performance due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mixed-representation plea-bargaining post-conviction-relief procedural-default standing |
Whether the defendant was entitled to effective assistance of counsel during the plea bargaining stage in a mixed form of representation |
| 22-7803 |
Aaron Joel Oliphant v. Montana |
Montana |
2023-06-16 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process expert-consultation ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel |
Did the Montana Supreme Court incorrectly apply Strickland? |
| 22-7808 |
Elroy Pedro Gomez v. William Joe Sullivan, Warden |
Ninth Circuit |
2023-06-16 |
Denied |
Response WaivedIFP |
California-Supreme-Court criminal-procedure Due-process Equal-protection Habeas-corpus ineffective-assistance plea-bargain Sentencing-enhancements Sixth-Amendment |
Ineffective-assistance-of-counsel |
| 22-7809 |
Brandy Bain Jennings v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-06-16 |
Denied |
IFP |
constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mitigation-evidence postconviction-proceedings postconviction-relief sixth-amendment strickland-standard strickland-v-washington |
Whether the Eleventh Circuit's analysis of ineffective assistance of counsel claims fails to protect the Sixth Amendment right to effective assistance… |
| 22-7789 |
Douglas Manning v. Patrick Nogan, Administrator, East Jersey State Prison, et al. |
Third Circuit |
2023-06-15 |
Denied |
IFP |
case-merits civil-rights defendant-justification due-process harmful-consequences ineffective-assistance legal-excuses legal-malpractice plaintiff-claims procedural-grounds professional-responsibility standing |
Was the defendant's representation so deficient that the plaintiff should be held responsible for it? |
| 22-7797 |
Anurag Dass v. United States |
Fifth Circuit |
2023-06-15 |
Denied |
Response WaivedIFP |
criminal-justice due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-bargaining right-to-counsel sixth-amendment |
Whether the 5th Circuit erred in affirming the district court's decision that allowed to convict Petitioner of money laundering based on transactions … |
| 22-1203 |
Alan Patrick Fowler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-06-13 |
Denied |
|
confrontation-clause confrontation-right constitutional-rights criminal-law criminal-sentencing due-process ineffective-assistance ineffective-assistance-of-counsel mens-rea mental-health sentencing specific-intent |
Whether there is insufficient evidence of specific intent to commit murder |
| 22-7729 |
William J. Sears v. United States |
Tenth Circuit |
2023-06-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement section-2255 |
Did the Court of Appeals err when it denied my Motion for Certificate of Appealability? |
| 22-7712 |
Gustavo Xavier v. Patricia Thompson, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2023-06-05 |
Denied |
IFP |
coerced-confession due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice murder-weapon right-to-effective-counsel suppression-of-evidence third-circuit-review trial-counsel |
Whether the Third Circuit erred in finding that Xavier was not prejudiced by his trial counsel's failure to conduct any type of investigation knowing … |
| 22-7693 |
Jandin Munoz v. Arizona |
Arizona |
2023-06-02 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-counsel standing |
Whether the petitioner was denied the effective assistance of counsel in his post-conviction proceedings |
| 22-7681 |
Jason Harriman v. United States |
Eighth Circuit |
2023-06-01 |
Denied |
Response WaivedIFP |
brady-violation due-process eighth-amendment evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
whether-the-government-violated-constitutional-rights |
| 22-7652 |
Mark A. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-05-26 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights counsel-communication criminal-procedure deadline-extension effective-assistance-of-counsel ineffective-assistance missouri-v-frye plea-bargaining sixth-amendment |
Whether the Sixth Amendment duty to communicate a plea offer extends to communicating a plea offer deadline extension |
| 22-7656 |
In Re Brad Edmonds |
|
2023-05-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process fourth-amendment gps-tracking habeas-corpus ineffective-assistance plea-negotiations privacy search-and-seizure standing |
Whether the warrantless installation and use of a GPS tracking device on a vehicle violates the Fourth Amendment |
| 22-7641 |
Carl Dean Wyatt, Jr. v. Steven Harpe, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2023-05-25 |
Denied |
IFP |
criminal-procedure discovery dna-testing due-process ineffective-assistance plea-bargaining post-conviction-relief prosecutorial-misconduct witness-testimony |
Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant |
| 22-7646 |
Derek Pelker v. United States |
Third Circuit |
2023-05-25 |
Denied |
Response WaivedIFP |
abuse-of-process certificate-of-appealability due-process equal-protection federal-government-collusion federalism ineffective-assistance ineffective-assistance-of-counsel procedural-default separation-of-powers |
Question not identified |
| 22-7628 |
Robert Earl Gorham v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-05-24 |
Denied |
Response WaivedIFP |
28-usc-2254 circuit-split federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington |
Whether a state court adjudication of the prejudice prong of an ineffective assistance of counsel claim is 'contrary to' Strickland v. Washington |
| 22-7620 |
Timothy Sean Coogle v. United States |
Fourth Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process entrapment evidence-sufficiency fabricated-evidence ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence sixth-amendment strickland-standard |
Question not identified |
| 22-7623 |
Arquimedes Mendoza v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-kentucky plea-bargaining reasonable-defendant reasonable-person |
Whether a defendant claiming ineffective assistance of counsel in the plea context must show that an objective 'reasonable person' or 'reasonable defe… |
| 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? |
| 22-7609 |
Akiaz Marqiez King v. United States |
Ninth Circuit |
2023-05-22 |
Denied |
Response WaivedIFP |
28-usc-2255 federal-habeas federal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reed-v-goertz sixth-amendment state-law-interpretation statute-of-limitations |
Whether the one-year statute of limitations under 28 U.S.C. § 2255(f) for filing a federal habeas petition commenced when the state trial court denied… |
| 22-7579 |
Keith Grant Schneider v. Florida |
Florida |
2023-05-17 |
Denied |
Response WaivedIFP |
anders-brief anders-v-california appellate-procedure appellate-review constitutional-right counsel-appointment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment |
Whether the appellate court has a duty to conduct a full review of the record under Anders v. California when appointed counsel files an Anders brief … |
| 22-7575 |
Larry Edmond v. Tommy Williams, Warden |
Tenth Circuit |
2023-05-16 |
Denied |
Response WaivedIFP |
civil-rights confrontation-clause constitutional-rights due-process impartial-jury ineffective-assistance jury-bias racial-bias racial-discrimination structural-error trial-court |
Whether district court trial abuse its discretion and violated the defendant's constitutional right to an impartial jury |
| 22-1113 |
Merril Leroy Jessop v. Texas |
Texas |
2023-05-15 |
Denied |
|
constitutional-claim due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-review standing |
Whether the Texas courts' refusal to conduct an evidentiary hearing on petitioner's substantial constitutional claim of ineffective assistance of coun… |
| 22-1114 |
James Harris, Jr. v. Texas |
Texas |
2023-05-15 |
Denied |
|
death-penalty eighth-amendment fourteenth-amendment ineffective-assistance intellectual-disability medically-accepted-standards moore-v-texas strickland-v-washington |
Whether the TCCA contravened the Eighth and Fourteenth Amendments, and this Court's precedents, when it evaluated petitioner's intellectual-disability… |
| 22-7538 |
Dominic Souto Diaz v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. |
Third Circuit |
2023-05-12 |
Denied |
IFP |
brady-claim evidence-misrepresentation gateway-claim ineffective-assistance ineffective-assistance-of-counsel innocence new-evidence pcra-counsel phone-records procedural-default |
Did the Court of Appeals err when it ruled Appellant's gateway claim of innocence was not new evidence? |
| 22-7532 |
In Re Rex Gard |
|
2023-05-11 |
Denied |
IFP |
criminal-justice cruel-and-unusual-punishment due-process equal-protection ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment |
Is Petitioner actually innocent and has a miscarriage of justice occurred? |
| 22-7515 |
Juan Andrade-Moreno v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-10 |
Denied |
IFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process habeas-corpus indigent-defense ineffective-assistance ineffective-assistance-of-counsel procedural-default right-to-counsel sixth-amendment |
Whether the Supreme Court's decision in Strickland v. Washington, 466 U.S. 668 (1984), is unconstitutional under the United States Constitution? |
| 22-7481 |
Anthony Allen v. Illinois |
Illinois |
2023-05-08 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-representation cause-and-prejudice constitutional-challenge constitutional-sentencing ineffective-assistance smith-vs-bailey substantive-law successive-petition |
Whether appointed Appellate Counsel's missapprehended the law and facts by failure to brief and raise the issues on appeal constitutes unreasonable if… |
| 22-7461 |
Detrick Devone Daye, aka Carter v. United States |
Fourth Circuit |
2023-05-04 |
Denied |
Response WaivedIFP |
career-offender categorical-approach constitutional-rights drug-felony first-step-act ineffective-assistance sentencing-enhancement serious-drug-felony |
Whether the new statutory definition of 'serious drug felony' in the First Step Act applies to career offender enhancements |
| 22-7454 |
In Re Reginald Swinton |
|
2023-05-03 |
Denied |
Response WaivedIFP |
appellate-procedure case-law circuit-court discretionary-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mandate statutory-interpretation sua-sponte |
Is the Circuit Court's order an abuse of discretion? |
| 22-1064 |
Dephne Nguyen Wright v. Texas |
Texas |
2023-05-02 |
Denied |
Response Waived |
fourth-amendment habeas-corpus ineffective-assistance probable-cause search-warrant stale-evidence stale-information |
Whether the Texas courts' misapplication of this Court's precedent concerning 'stale' search warrants requires a remand for reconsideration of petitio… |
| 22-7415 |
Ricky Pendleton v. Donald Ames, Superintendent, Mt. Olive Correctional Center |
West Virginia |
2023-05-01 |
Dismissed |
Response WaivedRelisted (2)IFP |
constructive-amendment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel notice pro-se res-judicata |
Whether the State courts's doctrine of res judicata was applied adequately after it summarily denies Pendleton's pro se filings of the successive habe… |
| 22-7429 |
Melecio Santana Delacruz, aka Ricardo Vergara v. Texas |
Texas |
2023-05-01 |
Denied |
IFP |
credibility-determination habeas-corpus ineffective-assistance ineffective-assistance-of-counsel perjury record-evidence sixth-amendment |
Whether a credibility determination with no or contrary record evidence can trump a clearly record-supported claim that proves an attorney has present… |
| 22-7393 |
Allen W. Thompson v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2023-04-28 |
Denied |
IFP |
affidavit-requirement collateral-attack credibility-of-witnesses criminal-procedure due-process evidentiary-standards habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel pro-se-litigation standard-of-review |
Circumstances-for-pro-se-habeas-petitions |
| 22-7407 |
Derrick D. Hayes v. Illinois |
Illinois |
2023-04-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance prejudice right-to-counsel trial-strategy |
Whether the petitioner's trial attorney rendered constitutionally ineffective assistance by pursuing a defense that was patently untenable and doomed … |
| 22-7391 |
Joshua G. Stegemann v. United States |
Second Circuit |
2023-04-27 |
Denied |
Response WaivedIFP |
asset-forfeiture constitutional-rights counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment |
Was the lawyer's advice objectively unreasonable under the Sixth Amendment's guarantee to effective assistance of counsel? |
| 22-7371 |
Ryan William Buchheim v. United States |
Eighth Circuit |
2023-04-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability eighth-circuit fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rodriguez-standard rodriguez-v-united-states traffic-stop |
Whether the district court abused its discretion in denying an evidentiary hearing on ineffective-assistance-of-counsel and unlawful-traffic-stop clai… |
| 22-7378 |
Patrick Ellis Cochran v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2023-04-26 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure custody due-process ineffective-assistance plea-bargaining plea-negotiations sixth-amendment speedy-trial |
Was Petitioner's right to a speedy trial under the 6th Amendment denied? |
| 22-7363 |
David Vahlkamp v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-04-25 |
Denied |
Response WaivedIFP |
civil-procedure equitable-tolling gross-negligence habeas-corpus holland-v-florida ineffective-assistance postconviction-attorney postconviction-relief reasonable-diligence sixth-amendment |
Whether the Petitioner is entitled to equitable tolling in light of his postconviction attorney's gross negligence |
| 22-7364 |
Matthew Caleb Ross v. Texas |
Texas |
2023-04-25 |
Denied |
IFP |
civil-rights community-supervision constitutional-rights criminal-procedure discovery due-process effective-assistance-of-counsel evidence-review habeas-corpus ineffective-assistance texas-court |
Whether the Court of Criminal Appeals of Texas erred in dismissing the petitioner's writ of habeas corpus due to community supervision not being revok… |
| 22-7369 |
Sydney Tyrone Mays v. Illinois |
Illinois |
2023-04-25 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence ineffective-assistance prior-statement right-to-counsel sixth-amendment trial-integrity witness |
Does a witness's prior inconsistent statement preclude the witness from testifying about the subject matter? |
| 22-7354 |
Rafael L. Beier v. United States |
Ninth Circuit |
2023-04-24 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255-motion sentencing sentencing-guidelines |
Did the Ninth Circuit err in summarily denying a certificate of appealability that would allow an appeal from an order denying a motion to vacate, set… |
| 22-7343 |
William Levi Oliver v. Texas |
Texas |
2023-04-21 |
Denied |
IFP |
6th-amendment confrontation-clause criminal-procedure due-process evidence expert-testimony ineffective-assistance trauma-narrative videoconference-testimony witness |
Whether the Confrontation Clause permits out-of-state testimony via videoconference |
| 22-7348 |
Joel Suarez v. Chris Brewer, Warden |
Eighth Circuit |
2023-04-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining right-to-counsel sixth-amendment trial-counsel |
Whether the petitioner received ineffective assistance of counsel due to counsel's failure to obtain an interpreter, ineffective performance in the pl… |
| 22-7349 |
Thomas J. M. Goodin v. United States |
Fifth Circuit |
2023-04-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-circuit habeas-corpus ineffective-assistance standing |
Whether the Fifth Circuit clearly erred by exceeding the limited scope of the COA analysis |
| 22-7334 |
In Re Quincetta Y. Cargill |
|
2023-04-20 |
Denied |
Response WaivedIFP |
civil-rights due-process habeas-corpus ineffective-assistance institutional-conditions intellectual-disability legal-appeal medical-treatment mental-health procedural-challenges rules-of-court standing |
Where petitioner has been denied showing a probability of success on the merits |
| 22-7318 |
Shannon Miles Lancaster v. Charles Williams, Jr., Warden |
Fourth Circuit |
2023-04-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability evidence-suppression fourth-circuit-review ineffective-assistance involuntary-plea plea-involuntariness south-carolina-homeland-security-act strickland strickland-standard suppression-motion |
Whether the District Court and the Fourth Circuit Court of Appeals erred in declining to grant Petitioner a certificate of appealability, where the St… |
| 22-7310 |
Antonio Minnis v. United States |
Eighth Circuit |
2023-04-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure enhanced-sentence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-prong sentencing-enhancement sixth-amendment strickland-standard strickland-v-washington |
Whether the court's prejudice prong in Strickland v. Washington is satisfied when an attorney admits to ineffective assistance and the defendant rejec… |
| 22-7267 |
Lloyd Leslie Kindred v. T. Cisneros, Warden |
Ninth Circuit |
2023-04-13 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment |
Whether the 6th Amendment of the U.S. Constitution was violated by the state court's finding that the petitioner's trial counsel was reasonably effect… |
| 22-7277 |
Genard Alonzo Toney v. United States |
Eighth Circuit |
2023-04-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction discovery due-process essential-element ineffective-assistance judicial-review plea-bargaining prosecutorial-misconduct sentencing-hearing trial-integrity |
Whether defendant received ineffective assistance of counsel |
| 22-7281 |
Steven Ray Rouse v. North Carolina |
North Carolina |
2023-04-13 |
Denied |
IFP |
civil-procedure constitutional-rights discovery discovery-violations due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-procedure prosecutorial-misconduct witness-identification |
How could lawyer (Rick Farqutte) send Steven Ray Rouse at discovery of 3 facts and 1? were duplicates? |
| 22-997 |
Andrew Lewis v. Texas |
Texas |
2023-04-13 |
Denied |
|
criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony prejudice-analysis standard-of-review strickland-standard strickland-v-washington trial-counsel |
Whether the TCCA failed to conduct the 'probing and fact-specific' prejudice analysis required by Strickland v. Washington |
| 22-7254 |
Danny Wayne Alcoser v. Texas |
Texas |
2023-04-11 |
Denied |
Response WaivedIFP |
amended-motion appellate-court appellate-review constitutional-rights due-process electronic-filing ineffective-assistance judicial-proceedings notice-of-appeal procedural-error |
Did the Texas Appellate Court(s) depart from judicial-proceedings to deprive petitioner's due-process rights |
| 22-981 |
Emem Ufot Udoh v. Minnesota |
Minnesota |
2023-04-10 |
Denied |
Response Waived |
brady-violation due-process ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction post-conviction-relief prosecutorial-misconduct right-of-access right-of-access-to-court |
Whether the court of appeals erred and violated petitioner's due process right |
| 22-982 |
Ryan Thornell, Director, Arizona Department of Corrections v. Danny Lee Jones |
Ninth Circuit |
2023-04-10 |
Judgment Issued |
Amici (4)Relisted (9) |
capital-case capital-punishment credibility-findings district-court district-court-deference habeas habeas-corpus ineffective-assistance ninth-circuit ninth-circuit-review strickland strickland-standard |
Did the Ninth Circuit violate this Court's precedents by employing a flawed methodology for assessing Strickland prejudice when it disregarded the dis… |
| 22-7238 |
Yousry Amin Rizk v. Edward Sandler, et al. |
Florida |
2023-04-07 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights due-process fraud habeas-corpus ineffective-assistance judicial-review misrepresentation post-conviction-relief standing |
Whether the lower court erred in reversing the legal finding of fraud and misrepresentation by the petitioners |
| 22-7225 |
Andrew Michael Gomez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-04-06 |
Denied |
Response WaivedIFP |
constitutional-inquiry criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining presumption-of-innocence trial-court |
whether-trial-court-required-to-inquire-into-factual-basis-of-guilty-plea |
| 22-7226 |
Travis J. Guttu v. Chris S. Buesgen, Warden |
Seventh Circuit |
2023-04-06 |
Denied |
Response WaivedIFP |
actual-innocence aedpa-deadline due-process ineffective-assistance miscarriage-of-justice no-trial plea-agreement procedural-innocence record sixth-amendment-right |
Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place? |
| 22-7195 |
Jerry Lynn McGavitt v. Texas |
Texas |
2023-04-05 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment collateral-proceedings collateral-review constitutional-right due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel trial-counsel |
Whether a prisoner has a right to effective counsel in collateral proceedings which provide the first occasion to raise a claim of ineffective assista… |
| 22-7174 |
James R. Householder, Jr. v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2023-04-03 |
Denied |
IFP |
cross-examination due-process Fair-trial Fourteenth-Amendment Impeachment Inconsistent-testimony ineffective-assistance Ineffective-counsel Sixth-Amendment witness-testimony |
Due-process |
| 22-7184 |
Darrell Kelly Middlekauff v. Sue Washburn, Superintendent, Eastern Oregon Correctional Institution |
Oregon |
2023-04-03 |
Denied |
Response WaivedIFP |
capital-sentencing death-penalty fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver post-conviction-relief sixth-amendment |
Is trial counsel ineffective for failing to advise client of death penalty factors prior to waiving jury? |
| 22-7167 |
Quentin Truley v. United States |
Eleventh Circuit |
2023-03-31 |
Denied |
Response WaivedIFP |
civil-rights conspiracy constitutional-rights crime-of-violence criminal-procedure due-process hobbs-act ineffective-assistance plea-bargaining probable-cause sentencing |
Whether the appellant's conviction for conspiracy to commit Hobbs Act robbery does not constitute a crime of violence predicate under 18 U.S.C. § 924(… |
| 22-7169 |
Scott Teevan v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-31 |
Denied |
IFP |
actual-innocence appointment-of-counsel circuit-split counsel-appointment due-process habeas-corpus ineffective-assistance perjury standard-of-review |
Whether the standard of review for actual innocence claims should be resolved by this Court to address a circuit split |
| 22-7158 |
Reginald Langston Luster v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-testify stand-your-ground trial-counsel |
whether-petitioner-luster-is-entitled-to-a-certificate-of-appealability |
| 22-7144 |
In Re David Priester |
|
2023-03-29 |
Denied |
IFP |
appellate-review constitutional-rights conviction counsel-representation due-process extraordinary-writ federal-constitutional ineffective-assistance sixth-amendment trial |
Does the Sixth Amendment require the Assistance of and from counsel be appointed? |
| 22-7085 |
Rodolfo Godinez v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
criminal-procedure-miranda due-process fair-trial gang-evidence gang-expert-testimony ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence media-exposure miranda-rights sixth-amendment |
Whether the Appellant's Pre-Miranda Statements was obtained in violation of Miranda v. Arizona |
| 22-7092 |
Lorenzo Hardwick v. United States |
Third Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability collateral-estoppel double-jeopardy fifth-amendment ineffective-assistance ineffective-assistance-of-counsel third-circuit |
Did the appeals court for the Third Circuit err by denying petitioners certificate of appealability where appellate counsel rendered ineffective assis… |
| 22-7106 |
Brian Keith Wells, aka B. K. Wells v. United States |
Sixth Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
counsel-denial criminal-procedure criminal-sentencing ineffective-assistance procedural-review role-enhancement sentencing sentencing-guidelines sixth-amendment sixth-circuit substantive-reasonableness ussg-3b1.1 |
Whether Mr. Wells' request for new counsel should have been granted |
| 22-7076 |
Servando Pineda-Valdez v. United States |
Fifth Circuit |
2023-03-23 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari |
Whether Servando-Pineda's § 2255 motion sufficiently alleged constitutional claims violations due to counsel's ineffectiveness |
| 22-7032 |
Scott Lynn Fishbein v. United States |
Fifth Circuit |
2023-03-17 |
Denied |
Response WaivedIFP |
28-usc-2255 actual-innocence certificate-of-appealability defense-counsel due-process false-information guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel |
Should a certificate of appealability have been issued for review of an appeal of the denial of a 28 U.S.C. §2255 petition based on ineffective assist… |
| 22-7020 |
Tiwian Laquinn Skief v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-15 |
Denied |
IFP |
certificate-of-appealability civil-rights due-process fifth-circuit habeas-corpus ineffective-assistance judicial-review misrepresentation procedural-error standard-of-review |
Did the Fifth Circuit misrepresent facts in this case that caused them to deny Petitioner's COA? |
| 22-7008 |
Heath R. Barker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability child-sexual-abuse forensic-interview forensic-interviews habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Was Petitioner entitled to a certificate of appealability on his claim of ineffective assistance of counsel? |
| 22-866 |
John Franklin Bell, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-13 |
Denied |
|
thus requiring a COA and plenary consideration by certificate-of-appealability dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice standard-of-review trial-counsel |
Are petitioner's due process and ineffective assistance of counsel claims debatable among reasonable jurists, thus requiring a COA and plenary conside… |
| 22-875 |
Michael Meyers v. David Gomez, Warden |
Seventh Circuit |
2023-03-13 |
Denied |
Response Waived |
circuit-split habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strategic-rationale strickland-standard strickland-v-washington |
When evaluating a claim for ineffective assistance of counsel, may a court retroactively construct a strategic justification for a decision that the a… |
| 22-6987 |
Dennis J. Brookshire v. Wisconsin |
Wisconsin |
2023-03-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial ineffective-assistance ineffective-assistance-of-counsel out-of-court-identification post-conviction-review |
Was trial counsel ineffective for failing to move to suppress the out-of-court identifications and did such identifications deny the petitioner a fair… |
| 22-6978 |
Dechaun Toliver v. Jay Forshey, Warden |
Sixth Circuit |
2023-03-09 |
Denied |
Response WaivedIFP |
criminal-conviction due-process enterprise ineffective-assistance ineffective-counsel plea-bargaining plea-colloquy plea-negotiation rico rico-laws |
Can a RICO conviction stand without an 'Enterprise' or corrupt acts meeting a monetary threshold? |
| 22-6955 |
Jaime Piero Cole v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-07 |
Denied |
IFP |
caldwell-v-mississippi caldwell-violation certificate-of-appealability death-penalty fifth-circuit-ruling ineffective-assistance ineffective-assistance-of-counsel jury-selection procedural-default voir-dire |
Was the Fifth Circuit's ruling that a court's comments during voir dire cannot give rise to a Caldwell violation erroneous and in tension with rulings… |
| 22-6959 |
Thurston Rickey-Lee Davis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-07 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment anders-brief certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel statute-of-limitations summary-judgment |
Whether the 5th Circuit abused its discretion in denying habeas relief based on the statute of limitations and summary judgment issues |
| 22-6936 |
Edson Gelin v. United States |
Eleventh Circuit |
2023-03-06 |
Denied |
Response WaivedIFP |
circuit-split compassionate-release criminal-procedure first-step-act ineffective-assistance murder-conviction ninth-circuit sentencing-guidelines sentencing-policy state-court statutory-interpretation |
Whether the Eleventh Circuit's holding in Bryant that the policy statement in USSG §1B1.13 applies to all motions under 18 U.S.C. §3582(c)(1)(A) confl… |
| 22-6923 |
In Re Jesse Brown |
|
2023-03-03 |
Denied |
IFP |
actual-innocence constitutional-claim defense-theory evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-trial-counsel legal-default post-conviction-relief standard-of-review trial-counsel |
Whether the Petitioner is entitled to a 'actual innocence' defense theory |
| 22-841 |
Christopher H. West v. Robert May, Warden, et al. |
Third Circuit |
2023-03-03 |
Denied |
Response Waived |
6th-amendment constitutional-rights cronic-standard due-process habeas-corpus ineffective-assistance sandin-v-conner sixth-amendment strickland-v-washington trial-counsel |
Question not identified |
| 22-6909 |
Curtis Lynn Fauber v. Ronald Davis, Warden |
Ninth Circuit |
2023-03-02 |
Denied |
IFP |
curative-instructions donnelly-v-dechristoforo due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility |
Did the Ninth Circuit's opinion create a conflict with this Court's decision in Donnelly v. DeChristoforo, 416 U.S. 637 (1974), under which specific c… |
| 22-834 |
Harshad Shah v. United States |
Ninth Circuit |
2023-03-02 |
Denied |
Response Waived |
buck-v-davis certificate-of-appealability cultural-bias cultural-predisposition habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel racial-animus trial-counsel |
Whether the Ninth Circuit's refusal to issue a certificate of appealability categorically ignored the petitioner's habeas issues and conflicted with S… |
| 22-6898 |
John L. Love v. Daniel F. Martuscello, III, Superintendent, Coxsackie Correctional Facility |
Second Circuit |
2023-03-01 |
Denied |
IFP |
abuse-of-discretion constitutional-error discretionary-review due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct relation-back strickland-standard unreasonable-application |
Did the District court abuse its discretion under 'unreasonable application' when petitioner Love's proposed amendment did 'relate back' to the origin… |
| 22-6901 |
Brandon L. Johnson v. Illinois |
Illinois |
2023-03-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment illinois-constitution ineffective-assistance ineffective-assistance-of-counsel jury-instructions knowingly-standard seventh-amendment |
Whether the State violated the Due Process clause |
| 22-6892 |
In Re Willie Thomas |
|
2023-02-28 |
Denied |
IFP |
constitutional-rights due-process fundamental-rights habeas-corpus ineffective-assistance judicial-bias judicial-discretion judicial-usurpation right-to-testify trial-procedure |
whether the District Court Approach to 2254 petition asserting a loss of a fundamental constitutional right to choose whether to testify in his own de… |
| 22-6868 |
Billy Leon Kearse v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-02-27 |
Denied |
IFP |
counsel-performance due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-strategy sixth-amendment strickland-standard strickland-v-washington |
Whether the Eleventh Circuit's analysis of ineffective-assistance-of-counsel claims fails to protect the Sixth-Amendment-right-to-effective-assistance… |
| 22-6851 |
David Freeman v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2023-02-23 |
Denied |
IFP |
28-usc-2254d appellate-procedure due-process federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel party-presentation sixth-amendment state-post-conviction |
Whether a court of appeals violates the principle of party presentation and due process rights when it raises an issue sua sponte that the parties did… |
| 22-6855 |
Alvin Lee Johnson v. Mississippi |
Mississippi |
2023-02-23 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure due-process indictment-defect ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct prosecutorial-misconduct sufficiency-of-evidence |
Whether Johnson's conviction and sentence derived from a defective indictment |
| 22-6811 |
A. B. v. West Virginia |
West Virginia |
2023-02-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
28-usc-2254 conflict-of-interest criminal-justice-system cuyler-standard cuyler-v-sullivan ineffective-assistance prejudice-standard strickland-test strickland-v-washington successive-conflict successive-representation |
Where a defendant's lawyer owed conflicting duties to her and a former client, should she receive a new trial if the actual conflict adversely affecte… |
| 22-781 |
Fabio Ochoa v. United States |
Eleventh Circuit |
2023-02-17 |
Denied |
Response Waived |
adverse-effect brady-violation conflict-of-interest cuyler-v-sullivan due-process giglio-material ineffective-assistance multiple-counsel plea-negotiations |
Whether the Eleventh Circuit's categorical rule barring a showing of adverse effect in the multiple-counsel context adequately protects defendants fro… |
| 22-6801 |
DeSean Alexander Bruce v. Arizona |
Arizona |
2023-02-16 |
Denied |
Response WaivedIFP |
alibi-evidence due-process eyewitness-identification eyewitness-testimony fair-appeal fair-postconviction-proceedings fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-fairness |
Was Petitioner denied due process, a fair trial, a fair appeal, and fair postconviction proceedings |
| 22-6807 |
Antonio McGhee v. Maryland |
Maryland |
2023-02-16 |
Denied |
IFP |
appellate-standard civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance juvenile-justice post-conviction prejudicial-error retroactivity sentencing |
Whether the post-conviction court erred in concluding that the petitioners were not entitled to relief under the Court's opinion in Miller v. Alabama |
| 22-6786 |
Cleveland Leroy Coaxum, Jr. v. Jeffrey Snoddy, Warden |
Fourth Circuit |
2023-02-15 |
Denied |
Response WaivedIFP |
appealability constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-rules prosecutorial-misconduct trial-misconduct |
Did the courts make an error on Ruling Petitioner's Habeas Corpus, as un-timely filed petition despite it being filed on time in the lower courts? |
| 22-6795 |
Jacobo Rozo Posso v. United States |
Fourth Circuit |
2023-02-15 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-malpractice notice-of-appeal post-conviction-relief procedural-default right-to-appeal |
Whether counsel was ineffective for failing to file a notice of appeal when requested |
| 22-6771 |
Robert A. Condon v. United States |
Armed Forces |
2023-02-14 |
Denied |
Response WaivedIFP |
appellate-review armed-forces court-of-criminal-appeals due-process ineffective-assistance ineffective-assistance-of-counsel military-justice remand transcript transcript-discrepancy |
Whether the decision of the Court of Criminal Appeals of the Armed Forces is susceptible to review by the Supreme Court and requires a remand to obtai… |
| 22-6781 |
Samuel Adkins v. Texas |
Texas |
2023-02-14 |
Denied |
IFP |
attorney-client-relationship criminal-trial effective-assistance-of-counsel habeas-corpus ineffective-assistance pre-trial-proceedings sexual-abuse sixth-amendment trial |
Did the state court err in holding that the petitioner's Sixth Amendment right to effective assistance of counsel was not violated? |
| 22-6764 |
Michael Ray Davis v. United States |
Eighth Circuit |
2023-02-13 |
Denied |
Response WaivedIFP |
case-law constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-review lafler-v-cooper overruling padilla-v-kentucky statutory-interpretation supreme-court-precedent |
Whether United States v. Granados, 168 F.3d 343 (8th Cir. 1999), Has Been Overruled by Padilla v. Kentucky, 559 U.S. 356 (2010), and Lafler v. Cooper,… |
| 22-6726 |
Terrence Lowell Hyman v. Eddie M. Buffaloe, Secretary, North Carolina Department of Public Safety |
Fourth Circuit |
2023-02-08 |
Denied |
Response WaivedIFP |
capital-murder-trial constitutional-violation criminal-defense criminal-procedure due-process falsified-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington |
Whether a criminal defense lawyer renders ineffective assistance of counsel under Strickland v. Washington when she intentionally presents falsified e… |
| 22-6707 |
Alfred E. Caraffa v. United States, et al. |
Ninth Circuit |
2023-02-06 |
Dismissed |
Response WaivedIFP |
civil-procedure civil-rights constitutional-claims damages due-process habeas-corpus immunity ineffective-assistance post-conviction-relief procedural-default standing state-court-review |
Whether the federal district court erred in dismissing the petitioner's claims as unconstitutional acts done within the court's jurisdiction? |
| 22-6714 |
Wilson Laboriel v. William Lee, Superintendent, Eastern New York Correctional Facility |
Second Circuit |
2023-02-06 |
Denied |
IFP |
6th-amendment constitutional-rights counsel-substitution due-process effective-assistance federal-procedure habeas-corpus ineffective-assistance standard-of-review trial-court |
Whether the United States Court of Appeals can sanction the district court's recharacterization of a petitioner's claim after such claim has been libe… |
| 22-6688 |
Danny Richard Rivers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-02-02 |
Denied |
IFP |
2254(e)(2) due-process evidentiary-hearing federal-civil-procedure habeas-corpus ineffective-assistance martinez-exceptions pinholster procedural-default reversible-error |
Did the Fifth Circuit Court of Appeals violate due process and/or commit reversable error when it applied PINHOLSTER to bar evidentiary hearing? |
| 22-6671 |
Rodney P. Mazzulla v. United States |
Eighth Circuit |
2023-02-01 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure criminal-procedure due-process franks-hearing Franks-v-Delaware ineffective-assistance reasonable-performance search-warrant Strickland-v-Washington |
Ineffective-assistance-of-counsel |
| 22-6684 |
In Re Fox Joseph Salerno |
|
2023-02-01 |
Dismissed |
IFP |
certificate-of-appealability civil-procedure constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance jurisdiction post-conviction-relief standing |
Did the Aritena Distetet. Covuct have jurisdic hen HN Qq Habeas Ceoepys Cavse tr whieh the Pe te fener asa S . s 2 sj the housed in the Coleradg Dept … |
| 22-6656 |
Randy Lee Stapleton v. United States |
Ninth Circuit |
2023-01-30 |
Denied |
Response WaivedIFP |
appellate-waiver circuit-split constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice motion-to-withdraw |
Whether an appellate court should review on the merits the denial of a motion to withdraw a guilty plea notwithstanding a purported waiver of appeal |
| 22-706 |
Timothy Howard Spriggs v. United States |
Eleventh Circuit |
2023-01-30 |
Denied |
Response Waived |
constitutional-rights criminal-procedure fourth-amendment ineffective-assistance private-property residence rv search sentencing-guidelines utilities warrantless-search |
Whether the Fourth Amendment permits the warrantless search of an immobile RV |
| 22-6636 |
Mostafa Kamel Mostafa v. United States |
Second Circuit |
2023-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure defense-counsel federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-trial-motion rule-33 |
Whether a claim of ineffective assistance of counsel may be raised under Rule 33(b)(1) of the Federal Rules of Criminal Procedure? |
| 22-6645 |
Kimberlee Szewczyk v. Florida |
Florida |
2023-01-27 |
Denied |
Response WaivedIFP |
constitutional-rights due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington |
Does the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, fail to protect the Sixth Amendment r… |
| 22-6646 |
Omar Shaheer Thomas v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2023-01-27 |
Denied |
IFP |
14th-amendment 4th-amendment 5th-amendment certificate-of-appealability constitutional-violation due-process illegal-arrest ineffective-assistance search-and-seizure warrantless-arrest |
Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability |
| 22-6651 |
Michael Vanous v. United States |
Fifth Circuit |
2023-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure guidelines ineffective-assistance judicial-discretion jury pretrial-proceedings sentencing sentencing-guidelines sixth-amendment |
Was defense counsel ineffective in the pretrial proceedings? |
| 22-6654 |
Roland Cummings v. Maine |
Maine |
2023-01-27 |
Denied |
Response WaivedIFP |
due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel post-conviction-review prejudice sixth-amendment sua-sponte |
Whether the Sixth Amendment right to a fair trial and Fourteenth Amendment right to due process are satisfied by an appellate court's summary conclusi… |
| 22-6629 |
Keith Edmund Gavin v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2023-01-26 |
Denied |
IFP |
aedpa aedpa-deference federal-constitutional-claim habeas habeas-corpus ineffective-assistance state-court-decision state-court-review state-law-evidentiary-rule strickland-standard strickland-v-washington |
Whether AEDPA deference applies to state-court reasoning not articulated in the decision |
| 22-6624 |
Daniel Ray Loyd v. Neil McDowell, Warden |
Ninth Circuit |
2023-01-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony-murder felony-murder-rule ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-counsel state-law-error |
Whether trial counsel was ineffective by conceding Mr. Loyd's guilt of all charges, including robbery in a felony murder case |
| 22-694 |
Jermaine Andra Whitaker v. Timothy C. Ward, Commissioner, Georgia Department of Corrections |
Eleventh Circuit |
2023-01-25 |
Denied |
Response WaivedRelisted (2) |
civil-rights covid-19 covid-19-restrictions due-process equitable-tolling habeas-corpus ineffective-assistance prison-access prison-law-library statute-of-limitations |
Whether the 11th circuit Court erred in determining that the covid-19 pandemic, which led to the quarantine of the Wheeler Correctional Facility for m… |
| 22-6612 |
Teri Bernard Johnson v. Randee Rewerts, Warden |
Sixth Circuit |
2023-01-24 |
Denied |
Response WaivedIFP |
capital-murder civil-rights courtroom-access criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance mitigating-evidence public-trial right-to-counsel sentencing-phase |
Whether the trial court violated the defendant's right to a public trial by removing spectators from the courtroom? |
| 22-6613 |
Robert Nathaniel Brown v. Florida |
Florida |
2023-01-24 |
Denied |
IFP |
criminal-procedure due-process federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment standard-of-review state-court-decisions Strickland-v-Washington |
Whether the state appellate court misapplied Harrington v. Richter |
| 22-6592 |
James Stacey Harber v. United States |
Fifth Circuit |
2023-01-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance plea-bargaining section-2255 sentencing |
Was Mr. Harber denied the effective-assistance-of-counsel,due-process,criminal-procedure,habeas-corpus,certificate-of-appealability,sentencing |
| 22-6595 |
Solita Harrington v. MedStar Washington Hospital Center, et al. |
District of Columbia |
2023-01-23 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights constitutional-review criminal-procedure due-process free-speech habeas-corpus ineffective-assistance medical-malpractice ninth-circuit standing state-court |
Whether the respondents' actions violated the petitioner's constitutional rights under the First and Fourteenth Amendments |
| 22-6570 |
Richard Galvan Montiel v. Kevin Chappell, Warden |
Ninth Circuit |
2023-01-19 |
Denied |
IFP |
atkins-claim atkins-v-virginia capital-punishment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-retardation strickland-standard strickland-v-washington |
where-a-capitally-sentenced-habeas-corpus-petitioner-relies-on-uncontradicted-strickland-mitigating-evidence-and-united-states-district-court-findings… |
| 22-6571 |
Marcus Wayne Covington v. United States |
Fourth Circuit |
2023-01-19 |
Denied |
Response WaivedIFP |
bond-hearing civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel public-defender sentencing-guidelines sentencing-report standing |
Whether the Court of Appeals failed to properly consider or address the Court's abuse of discretion |
| 22-6565 |
Cristian Santa v. Massachusetts |
Massachusetts |
2023-01-18 |
Denied |
Response WaivedIFP |
expert-opinion expert-testimony factual-investigation ineffective-assistance ineffective-assistance-of-counsel kolenovic-precedent massachusetts-jurisprudence right-to-counsel sixth-amendment trial-counsel |
Has Massachusetts jurisprudence, particularly the expansion of Commonwealth v. Kolenovic, 471 Mass. 664 (2015), run afoul of the Sixth Amendment by ru… |
| 22-658 |
Victor Gates v. United States |
Third Circuit |
2023-01-18 |
Denied |
Response Waived |
certificate-of-appealability due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Did the United States Court of Appeals for the Third Circuit abuse its discretion and commit an error of law in not issuing a Certificate of Appealabi… |
| 22-6546 |
Arty Marcel v. Tim Hooper, Warden |
Fifth Circuit |
2023-01-17 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-error fair-trial improper-amendment-of-bill-of-information ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense other-crimes-evidence reasonable-doubt sixth-amendment strickland-v-washington |
whether-mr-marcel-was-denied-right-to-fair-trial |
| 22-6522 |
Charvez Brooks v. United States |
Fourth Circuit |
2023-01-11 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal due-process federal-courts hobbs-act ineffective-assistance interstate-commerce judicial-discretion jury-instructions reasonable-doubt standard-of-proof |
Does a federal district court possess meaningful discretion to define 'proof beyond a reasonable doubt' in jury instructions? |
| 22-6466 |
Derrick Anthony Stewart v. United States |
Eighth Circuit |
2023-01-06 |
Denied |
Response WaivedIFP |
circuit-split civil-case criminal-case eighth-circuit-appeal ineffective-assistance ineffective-assistance-of-counsel judicial-precedent predicate-offense sentencing-enhancement statutory-interpretation supervisory-power |
Whether trial counsel's failure to utilize existing precedent to challenge the application of a sentencing enhancement pursuant to 21 U.S.C. § 851 con… |
| 22-6471 |
Kyle Maurice Parks v. United States |
Eighth Circuit |
2023-01-06 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation |
Whether Appellant was improperly denied a review of ineffective assistance of counsel and correction of errors by the District Court |
| 22-6449 |
Carl Anthony Wilson v. Texas |
Texas |
2023-01-04 |
Denied |
IFP |
actual-innocence blood-draw conflict-of-interest constitutional-rights criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-warrant unreasonable-search-and-seizure |
Whether the warrantless blood draw violated the Fourth Amendment |
| 22-6426 |
Delano Marco Medina v. United States |
Tenth Circuit |
2022-12-30 |
Denied |
Response WaivedIFP |
breach-of-contract civil-rights conflict-of-interest constitutional-rights ineffective-assistance ineffective-counsel plea-agreement right-to-counsel sixth-amendment speedy-trial strickland-standard |
Question not identified |
| 22-6433 |
Ricky Escobedo v. United States |
Fifth Circuit |
2022-12-30 |
Denied |
Response WaivedIFP |
attorney-client-privilege conflict-of-interest fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Violation of attorney-client privilege and right to effective assistance of counsel |
| 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? |
| 22-6402 |
Jesse Johnson, III v. California |
California |
2022-12-28 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice prejudice-prong prima-facie-showing strickland-standard strickland-v-washington |
Whether a defendant's uncontradicted sworn statement that he would have accepted a plea offer but for his counsel's deficient performance is sufficien… |
| 22-587 |
Maurice Andrews v. District Attorney of Montgomery County, Pennsylvania, et al. |
Third Circuit |
2022-12-27 |
Denied |
|
due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice-standard sixth-amendment structural-error trial-counsel |
Whether a habeas petitioner who receives a jury instruction that does not contain any of the essential elements of the offense must show prejudice |
| 22-6392 |
Adam Tello v. United States |
Fifth Circuit |
2022-12-23 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-procedure due-process ineffective-assistance jurisdiction jurisdictional-defect legal-correction sentencing sentencing-error standing strickland-standard |
Whether a jurisdictional defective sentence must be noticed, heard, adjudicated and legally corrected at any time, whether on appeal or any other moti… |
| 22-575 |
William S. Toppi v. Massachusetts |
Massachusetts |
2022-12-21 |
Denied |
Response Waived |
constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias massachusetts-appeals-court-rule-23.0 plea-waiver procedural-due-process recusal waiver-of-rights |
Whether the sentencing judge and defense counsel were required to recuse themselves after exhibiting clear bias relating to Defendant's case |
| 22-6360 |
Tyrell Hart v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2022-12-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violations due-process false-confessions habeas-corpus ineffective-assistance ineffective-assistance-of-counsel police-misconduct right-to-counsel sixth-amendment speedy-trial |
Whether the lower federal and state courts unreasonably applied this Court's holdings finding that Yart was not denied effective assistance of counsel… |
| 22-6361 |
Michael Jason Fetherolf v. Ohio |
Ohio |
2022-12-21 |
Denied |
Response WaivedIFP |
appellate-procedure assignment-of-error certificate-of-appealability due-process exhaustion exhaustion-requirement habeas-corpus ineffective-assistance procedural-default state-court-proceedings state-court-review |
Question for review #One |
| 22-6346 |
Robert D. Johnson v. Douglas Fender, Warden |
Sixth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel legal-continuance speedy-trial sufficiency-of-evidence |
Is it not erroneously factual and a misapplication of law, rule or statute for the state courts and district courts to concur with a continuance that … |
| 22-6349 |
Daniel Nepomuceno v. Erin Reyes, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
28-usc-2254 constitutional-rights credibility-determination due-process federal-habeas guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief state-post-conviction-proceedings |
Could reasonable jurists debate whether a state court's dispositive credibility determination regarding federal constitutional rights, based on a writ… |
| 22-6350 |
Raul Alvarez v. New York |
New York |
2022-12-20 |
Denied |
Amici (1)Response WaivedIFP |
actual-innocence constitutional-rights court-objection criminal-defense criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-strategy |
Must a client object in open court to invoke their Sixth Amendment right to maintain actual innocence as the objective of their defense? |
| 22-6355 |
Jess Richard Smith v. Sgt. Ellis, et al. |
Ninth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-rights district-court due-process federal-courts federal-procedure free-speech habeas-corpus ineffective-assistance post-conviction-relief standing |
Whether Khe Uuth Circo tks (0-722, ORDER Granting CVeseevdeniis _ Metion TO Reveke TH Comme |
| 22-6357 |
Clifton Raye v. Tim Hooper, Warden |
Fifth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-law constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Was Petitioner's rights under 6th Amendment to the United States Constitution violated when trial counsel was ineffective? |
| 22-6296 |
Martin A. Lewis v. Gary Miniard, Warden |
Sixth Circuit |
2022-12-14 |
Denied |
Response WaivedIFP |
castro-claim civil-procedure due-process exhaustion-doctrine federal-rule-civil-procedure-60 habeas-corpus ineffective-assistance rose-v-lundy rule-60 strickland-v-washington united-states-v-castro |
Whether Petitioner Lewis' habaas petition should be re-opened |
| 22-6280 |
Jose Adolpho Castillo v. Texas |
Texas |
2022-12-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure due-process hearsay-testimony ineffective-assistance prejudice right-to-counsel standard-of-review strickland-standard strickland-v-washington |
Whether the Court of Criminal Appeals of Texas has made the standard articulated by this Court in Strickland v. Washington so malleable that Stricklan… |
| 22-6276 |
Lester S. Barney v. Administrator, New Jersey State Prison, et al. |
Third Circuit |
2022-12-09 |
Denied |
IFP |
28-usc-2254d faretta-right faretta-v-california habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel judicial-review pro-se-representation self-representation strickland-standard strickland-v-washington |
Whether the state court unreasonably determined that Lester S. Barney did not clearly and unequivocally assert his right to proceed pro se |
| 22-527 |
Sammy Jay Riddle v. Texas |
Texas |
2022-12-07 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel state-collateral-review texas-courts texas-criminal-procedure |
Whether the Texas courts denied petitioner due process by rejecting his substantial ineffective-assistance-of-counsel claim without conducting an evid… |
| 22-6240 |
Robert Dale Hines v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-07 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-tampering fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment trial-counsel |
Whether the Court violated the petitioner's constitutional rights, including due process and effective assistance of counsel |
| 22-6206 |
Albert Holland, Jr. v. Florida |
Eleventh Circuit |
2022-12-02 |
Denied |
Relisted (2)IFP |
appeals civil-procedure constitutional-rights due-process federal-courts habeas-corpus ineffective-assistance judgments judicial-review post-conviction-relief standing |
Whether a court is required to appeal a district court's denial of a motion for relief from judgment under Rule 60(b) |
| 22-6207 |
Anika George v. Shelbie Smith, Warden |
Sixth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance |
Whether the lower courts erred in dismissing the petitioner's claims of ineffective assistance of counsel and due process violations |
| 22-6195 |
Kenneth W. Shelton v. Edward Bickham, Warden |
Fifth Circuit |
2022-12-01 |
Denied |
IFP |
alibi counsel-performance criminal-defense criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel investigation investigation-failure legal-procedure motion-to-quash |
Was counsel's performance deficient when counsel failed to conduct an independent investigation concerning the time Petitioner was not present at the … |
| 22-6199 |
In Re Cornell White |
|
2022-12-01 |
Denied |
IFP |
constitutional-violation eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel missouri-supreme-court-rule procedural-default procedural-rule prosecutorial-misconduct second-petition |
Whether the Eighth Circuit erred in denying the petitioner's application for leave to file a second habeas petition |
| 22-6167 |
Eber Gramajo v. Mark Nooth, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2022-11-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-discovery habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-evidence pinholster-standard shaken-baby-syndrome |
Can reasonable jurists disagree whether a federal subpoena request for medical evidence, barred in state court because petitioner had not proven that … |
| 22-6180 |
Alvaro Noe Mendoza-Valencia v. Oregon |
Oregon |
2022-11-30 |
Denied |
Response WaivedIFP |
attorney-client-relationship criminal-trial due-process effective-assistance-of-counsel ineffective-assistance jury-trial right-to-counsel sixth-amendment substitution-counsel |
Can a state trial court deny a criminal defendant's request for substitution counsel without any reasonable inquiry into trial counsel's performance, … |
| 22-6163 |
Noel Brown v. New York |
New York |
2022-11-29 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel miranda-rights probable-cause speedy-trial |
Question not identified |
| 22-6156 |
Peter Ivan McNeal v. Dean Borders, Warden |
Ninth Circuit |
2022-11-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eighth-amendment evidentiary-hearing exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel memory-expert taint-expert trial-counsel |
Whether the prosecution presented sufficient evidence to sustain the conviction |
| 22-491 |
Raymond Delgado v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-11-23 |
Denied |
Response Waived |
criminal-procedure custodial-interrogation fifth-amendment ineffective-assistance miranda-rights miranda-v-arizona motion-to-suppress right-to-counsel right-to-remain-silent sixth-amendment suppression-of-confession |
Whether Delgado was denied effective assistance of counsel |
| 22-6133 |
David Priester v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-11-23 |
Denied |
Response WaivedIFP |
anders-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights right-to-counsel sentencing-mitigation voluntariness waiver-of-counsel |
Question not identified |
| 22-6150 |
Walter Raglin v. Tim Shoop, Warden |
Sixth Circuit |
2022-11-23 |
Denied |
IFP |
capital-murder capital-punishment closing-arguments criminal-procedure ineffective-assistance procedural-bar res-judicata state-procedural-bar trial-counsel voir-dire |
Whether a capital defendant is deprived of the effective assistance of trial counsel |
| 22-6142 |
Taj Collier v. Florida Department of Corrections |
Eleventh Circuit |
2022-11-22 |
Denied |
Response WaivedRelisted (2)IFP |
aedpa constitutional-rights criminal-appeals criminal-appeals-reform-act fifth-amendment fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance sixth-amendment strickland-standard |
Whether the Florida courts of appeals provide for evidentiary hearings to determine Strickland's mixed question of law and fact |
| 22-6145 |
Daniel Alexander Rodriguez v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-11-22 |
Denied |
Response WaivedIFP |
arizona-law burden-shifting commenting-on-silence falsely-representing-evidence ineffective-assistance misstating-law misstating-witness ninth-circuit-review prejudice-analysis prosecutorial-misconduct strickland-standard |
Whether the Ninth Circuit incorrectly applied Arizona law in finding that multiple instances of prosecutorial misconduct did not prejudice petitioner … |
| 22-6128 |
Christopher Erwin v. United States |
Third Circuit |
2022-11-21 |
Denied |
Response WaivedIFP |
28-usc-2255 circuit-split cooperation-agreement downward-departure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy section-2255-motion sentencing-guidelines statutory-maximum |
Did the Circuit Court err in denying Petitioner's motion for ineffective-assistance-of-counsel without a hearing? |
| 22-6095 |
Owen Garth Hinkson v. United States |
Fifth Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
aggravated-felony appellate-waiver constitutional-challenge criminal-procedure due-process immigration immigration-law ineffective-assistance sentencing sentencing-enhancement vacated-conviction |
Whether the district court can sentence Mr. Owen Garth Hinkson to a statute of 8 U.S.C. § 1326(b)(2), 20 years imprisonment when his 1987 Massachusett… |
| 22-6091 |
Brian J. Dorsey v. David Vandergriff, Warden |
Eighth Circuit |
2022-11-17 |
Denied |
IFP |
capital-sentencing certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-the-case martinez-v-ryan procedural-default sixth-amendment |
Whether the law-of-the-case doctrine prohibits a court from changing its previous ruling on the same question later during the course of litigation |
| 22-6051 |
Arriba Lewis v. United States |
Seventh Circuit |
2022-11-14 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 6th-amendment career-offender criminal-procedure ineffective-assistance motion-to-suppress racial-profiling selective-enforcement sentencing-enhancement sixth-amendment |
Ineffective-assistance-of-counsel |
| 22-6018 |
David L. Hering v. Patti Wachtendorf, Warden |
Eighth Circuit |
2022-11-08 |
Denied |
Response WaivedIFP |
adversarial-trial burden-of-proof criminal-defense due-process ineffective-assistance insanity-defense sixth-amendment |
When using insanity as a tool in the defense of a criminal defendant who plead not guilty and is strongly asserting their innocence. Does defense coun… |
| 22-5994 |
Kevin Leon Lucien v. Texas |
Texas |
2022-11-04 |
Denied |
IFP |
criminal-procedure duty-to-investigate ineffective-assistance ineffective-assistance-of-counsel mental-health mitigating-evidence punishment standard-of-review trial-counsel voluntary-intoxication |
Was trial counsel ineffective for failing to investigate and present evidence of voluntary intoxication as mitigating evidence at punishment? |
| 22-5973 |
Raymond J. Scott v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-11-02 |
Denied |
IFP |
constitutional-violation direct-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment |
Can ineffectiveness or incompetence of counsel on direct review result in a Sixth Amendment violation? |
| 22-5899 |
Dave V. Merritt v. Tennessee |
Tennessee |
2022-10-26 |
Denied |
Response WaivedIFP |
appellate-counsel conflict-of-interest due-process equal-protection griffin-v-illinois ineffective-assistance post-conviction-relief ross-v-moffitt |
Whether Shinn v. Ramirez's holding petitioner 'at fault' for postconviction counsel's appellate errors gives indigent post-conviction appellants auton… |
| 22-5908 |
Giles McGhee v. Darrel Vannoy, Warden |
Fifth Circuit |
2022-10-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment in-re-winship ineffective-assistance jackson-v-virginia reasonable-doubt sixth-amendment |
Did the State fail to meet its burden of proof beyond a reasonable doubt that Mr. McGhee was guilty of two Counts of First Degree Murder? |
| 22-5909 |
Timmy Doucet v. Tim Hooper, Warden |
Fifth Circuit |
2022-10-25 |
Denied |
Response WaivedIFP |
brady-material criminal-procedure due-process expert-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia reasonable-doubt sixth-amendment |
Insufficient evidence to convict beyond reasonable doubt |
| 22-5891 |
Kevin B. Burns v. Tony Mays, Warden |
Sixth Circuit |
2022-10-24 |
Denied |
Amici (1)Relisted (7)IFP |
capital-punishment capital-sentencing felony-murder ineffective-assistance moral-culpability residual-doubt sentencing state-law strickland-v-washington |
Whether an ineffective assistance claim may be based on counsel's failure to exercise a state-law right to introduce residual doubt evidence at a capi… |
| 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… |
| 22-5846 |
Michael Pacelli v. United States |
Fourth Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
4th-amendment due-process effective-assistance-of-counsel exclusionary-rule fourth-amendment ineffective-assistance jurisdiction search-and-seizure statute-of-limitations warrantless-search |
Can a law enforcement agency seize evidence or record private phone calls without a warrant, and then use the gathered evidence against a defendant? |
| 22-358 |
Ronald Blake Fears v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-10-18 |
Denied |
Response Waived |
double-deference federal-deference habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis standard-of-review state-court-review strickland-standard strickland-v-washington |
Whether 28 U.S.C. § 2254(d)(1) requires that a federal court apply 'double deference' to a state court's legal conclusion that a habeas petitioner was… |
| 22-5837 |
Micah S. Matthews v. Iowa |
Iowa |
2022-10-14 |
Denied |
Response WaivedIFP |
14th-amendment due-process ineffective-assistance jury-instructions post-conviction-relief state-appellate-court successive-petition summary-judgment unmitigated-claim |
Is a state appellate court's refusal to allow a petitioner to file a successive petition for Post-Conviction Relief on an unmitigated, meritorious cla… |
| 22-5830 |
William Richter v. Ghaliah Obaisi, as Executor of the Estate of Saleh Obaisi |
Seventh Circuit |
2022-10-13 |
Denied |
Response WaivedIFP |
access-to-courts constitutional-rights court-of-appeals due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct legal-assistance pro-se-litigant procedural-due-process procedural-errors |
Whether the Faivie Te Apnot Cowimwrel Oy Apneal Foa Rosie, OF the Disthirel Cords Alaue of Dis hes Ze Faleng To Recess wee Conmtel Upow Wilheincsal of… |
| 22-5816 |
Tony Lam v. United States |
Fifth Circuit |
2022-10-12 |
Denied |
Response WaivedIFP |
21-usc-841 career-offender conspiracy conspiracy-offense controlled-substance ineffective-assistance legislative-authority legislative-delegation sentencing-commission sentencing-guidelines |
Did trial counsel provide ineffective assistance to his client upon his failure to research, investigate, and object to his client's career offender c… |
| 22-5801 |
Steven Nelson Murray v. Jerry Howell, Warden, et al. |
Ninth Circuit |
2022-10-11 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver procedural-default sixth-amendment |
When a criminal defendant must make a personal decision whether to waive a fundamental constitutional right, does an attorney provide deficient perfor… |
| 22-5790 |
David Delva v. United States |
Second Circuit |
2022-10-07 |
Denied |
Response WaivedIFP |
appellate-counsel due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel precedent section-2255 sua-sponte warrantless-seizure |
Whether appellate counsel was ineffective for failing to argue that Petitioner's Fifth Amendment right to be heard and due process were violated when … |
| 22-5782 |
Matthew Tassin v. United States |
Eleventh Circuit |
2022-10-06 |
Denied |
Response WaivedIFP |
28-usc-2255 circuit-court circuit-court-authority criminal-procedure district-court federal-prisoner ineffective-assistance ineffective-counsel resentencing section-2255 sentencing-authority statutory-interpretation |
Whether a Circuit Court can limit the authority of a district court to resentence a federal criminal defendant or correct a criminal sentence 'as may … |
| 22-5727 |
Antonio Garrett v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-09-30 |
Denied |
IFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process eleventh-circuit habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction section-2254 |
Whether the Eleventh Circuit Court of Appeals erred in denying Garrett a certificate of appealability on his 28 U.S.C. Section 2254 habeas claim of in… |
| 22-5711 |
Joshua Austin Kramer, aka Benjamin Franklin v. United States |
Fourth Circuit |
2022-09-29 |
Denied |
Response WaivedIFP |
criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-resources legal-innocence plea-bargaining plea-withdrawal prejudice withdrawal-of-plea |
Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea |
| 22-5718 |
Amos Westmoreland, Jr. v. Aimee Smith, Warden |
Georgia |
2022-09-29 |
Denied |
Relisted (2)IFP |
conflict-free-assistance-of-counsel cumulative-error due-process equal-protection federal-law habeas-corpus ineffective-assistance strickland-standard strickland-v-washington |
Whether a state court's overruling of its prior precedent forbidding consideration of the cumulative prejudice of multiple errors at trial conflicts w… |
| 22-5719 |
Shannon Dewayne Reece v. Texas |
Texas |
2022-09-29 |
Denied |
IFP |
aggravated-robbery criminal-conviction double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct state-court-precedent witness-testimony |
Can a person be convicted of an offense even after the victim testifies that the defendant is not the person that assaulted or robbed them? |
| 22-5694 |
Jonathan Lopez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-09-27 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-defendant criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review judiciary public-confidence standing |
Whether a criminal defendant is required to prove an ineffective-assistance-of-counsel claim on the face of the record? |
| 22-5699 |
In Re Thomas George Craaybeek |
|
2022-09-27 |
Denied |
Relisted (2)IFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure due-process free-speech habeas-corpus ineffective-assistance sixth-amendment standing takings |
Whether the petitioner's Second Amendment rights were violated by the state's concealed carry restrictions |
| 22-5672 |
Luan Van Nguyen v. United States |
Fifth Circuit |
2022-09-23 |
Denied |
Response WaivedRelisted (2)IFP |
and whether the ineffective assistance of counsel 4th-amendment carjacking civil-rights constitutional-rights criminal-conspiracy exclusionary-rule ineffective-assistance probable-cause search-and-seizure sixth-amendment standing |
Whether the Fourth Amendment of the Constitution prohibits or limits the government's ability to conduct warrantless searches and seizures? |
| 22-5676 |
Bernard D. Ellerbe v. Robert May, Warden, et al. |
Third Circuit |
2022-09-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability hinton-standard hinton-v-united-states ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default strickland-claim strickland-v-washington third-circuit |
Did the Third Circuit & Delaware District Courts err by denying a Certificate of Appealability seeking to challenge procedural default findings where … |
| 22-5662 |
Sergio Trevino v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-22 |
Denied |
IFP |
constitutional-rights counsel-deficiency criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-inquiry prejudice-standard probation-misadvice reasonable-probability reject-plea-offer waive-right-to-trial |
Whether the possibility of a conviction should affect the prejudice inquiry in an ineffective assistance of counsel claim alleging probation misadvice |
| 22-5666 |
Arturo Cano v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-09-22 |
Denied |
Response WaivedIFP |
civil-rights due-process habeas-corpus ineffective-assistance martinez-v-ryan pro-se procedural-default prosecutorial-misconduct sixth-amendment standing |
Whether being presented by counsel at the state initial-collateral proceedings is a determinative factor for obtaining an evidentiary hearing before a… |
| 22-5635 |
Vladimir Vladimirovic Brik v. United States |
Eighth Circuit |
2022-09-21 |
Denied |
Response WaivedIFP |
brady-violation civil-rights due-process federal-procedure gatekeeping-provision habeas-corpus ineffective-assistance material-evidence second-petition successive-petition |
Whether the court of appeals erred in affirming the dismissal of petitioner's material Brady claim as 'second or successive' under §2255(h) |
| 22-5627 |
Justin Tyrone Young v. Texas |
Texas |
2022-09-20 |
Denied |
IFP |
due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion plea-bargaining sentencing-guidelines statutory-maximum supreme-court-precedent |
Can a lawyer have his client plead guilty to 20 years on a statutory maximum of 15 years? |
| 22-5602 |
Edward Ellis, III v. Missouri |
Missouri |
2022-09-19 |
Denied |
Response WaivedIFP |
constitutional-standard ineffective-assistance ineffective-assistance-of-counsel legal-argument missouri-law prejudice reasonable-strategy sixth-amendment trial-counsel witness-testimony |
Whether trial counsel can be held to have an objectively reasonable strategy in not making a legal argument when he never considered that legal argume… |
| 22-5565 |
Fedner Pierre-Louis v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2022-09-14 |
Denied |
IFP |
certificate-of-appealability debatable-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurist-of-reason post-conviction-relief sixth-amendment |
Whether the ruling of the court of appeals for the third circuit is contrary to clearly established federal law |
| 22-5579 |
William Baham v. Tim Hooper, Warden |
Fifth Circuit |
2022-09-13 |
Denied |
Response WaivedIFP |
14th-amendment civil-rights confrontation-clause constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance state-action supremacy-clause |
Whether the 14th Amendment imposes upon the States of Louisiana the obligation to refrain from systemic, purposeful deprivations of substantive federa… |
| 22-5542 |
Johnny A. Johnson v. Paul Blair, Warden |
Eighth Circuit |
2022-09-12 |
Denied |
IFP |
capital-cases certificate-of-appealability cumulative-effect habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard Strickland-v-Washington wiggins-claim Wiggins-v-Smith |
Whether the Eighth Circuit's practice of issuing unexplained summary denials of certificates of appealability in capital cases conflicts with 28-U.S.C… |
| 22-5523 |
Lawrence Gaines v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions no-adverse-inference strategic-decision trial-counsel |
Whether the court of appeals erred in reversing the district court's decision that trial counsel was ineffective for failing to object to the omission… |
| 22-5529 |
Anthony H. Lett v. United States |
Sixth Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure ineffective-assistance rehaif-standard rehaif-v-united-states standing |
Did the court of appeals err in denying Petitioner's Rehaif v. United States, 139 S.Ct. 204 claim? |
| 22-5537 |
Joseph William Rendon v. Iowa |
Iowa |
2022-09-08 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment |
Whether the Petitioner Was Provided Trefrecive Assistance of Counse |
| 22-5516 |
Antrell Desharron Lewis v. United States |
Eighth Circuit |
2022-09-07 |
Denied |
Response WaivedIFP |
2255-motion burrage burrage-standard criminal-procedure drug-overdose habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment |
Did trial counsel provide ineffective assistance in light of this court's holding in Burrage by failing to investigate the drug alleged to have caused… |
| 22-5507 |
Edward F. Swanson v. Texas |
Texas |
2022-09-06 |
Denied |
IFP |
appellate-review criminal-procedure double-jeopardy due-process felony-dismissal ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-guidelines strickland-standard |
Whether a judge can dismiss the charges after finding the defendant guilty of a second-degree felony robbery charge |
| 22-5510 |
Ronald Lebed, Sr. v. Florida |
Florida |
2022-09-06 |
Denied |
Response WaivedIFP |
constitutional-rights fourteenth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct search-and-seizure sixth-amendment |
Whether the Fifth District Court of Appeal violated the petitioner's Fourth, Sixth and Fourteenth Amendment rights |
| 22-5491 |
John Michael Ward v. United States |
Fifth Circuit |
2022-09-01 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-vagueness criminal-law criminal-statute federal-procedure ineffective-assistance ineffective-assistance-of-counsel overbreadth statutory-interpretation vagueness |
Was the U.S. District Court's interpretation of 18 U.S.C. § 2251(a) vague and overbroad, and did Petitioner's attorney render ineffective assistance o… |
| 22-5476 |
John R. Wood v. Bryan Stirling, Commissioner, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2022-08-30 |
Denied |
IFP |
capital-punishment fourth-circuit-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis prison-conditions strickland-standard Wilson-v-Sellers |
Whether the state court unreasonably applied Strickland-v-Washington |
| 22-5452 |
Cameron Paul Crockett v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-08-29 |
Denied |
Response WaivedIFP |
aedpa evidentiary-hearing fact-finding federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice state-court |
Does AEDPA's 'unreasonable determination of the facts' clause contemplate that materially inadequate state court fact-finding processes can satisfy § … |
| 22-5453 |
Hugo F. Marquez v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2022-08-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure cross-examination due-process evidence ineffective-assistance ineffective-assistance-of-counsel interview-tapes right-to-confrontation sex-abuse-case sex-crimes trial-procedure |
Should the Ninth Circuit have denied Marquez's motion for a certificate of appealability on the issue of ineffective assistance of counsel |
| 22-5464 |
Barney Adrian Dunlap v. David Mitchell, Superintendent, Lanesboro Correctional Institution |
Fourth Circuit |
2022-08-29 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process federal-constitutional-rights ineffective-assistance jury-instructions lesser-included-offenses state-constitutional-rights |
Has the trial court erred by refusing to instruct the jury on lesser included offenses supported by the evidence, in violation of Dunlap's state and f… |
| 22-176 |
James Burkhart v. United States |
Seventh Circuit |
2022-08-29 |
Denied |
Response Waived |
28-usc-2255 adverse-effect conflict-of-interest counsel-conflict evidentiary-hearing guilty-plea ineffective-assistance post-conviction-relief sixth-amendment |
Whether the Seventh Circuit's formulation of the adverse effect standard under Cuyler v. Sullivan is too demanding, particularly in the guilty plea co… |
| 22-5442 |
Powell Jones, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-24 |
Denied |
IFP |
ake-v-oklahoma certificate-of-appealability civil-procedure due-process due-process-expert expert-witness fifth-circuit-appeal ineffective-assistance standing strickland-standard strickland-v-washington |
did-the-panel-of-the-fifth-circuit-err-by-deciding-the-merit-of-an-appeal-not-properly-before-the-court-to-justify-the-denial-of-a-certificate-of-appe… |
| 22-5426 |
Joseph Antonetti v. Timothy Filson, Warden, et al. |
Ninth Circuit |
2022-08-23 |
Denied |
IFP |
autopsy-report certificate-of-appealability confrontation-clause crawford-precedent crawford-v-washington criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner |
Did the courts below err in denying a Certificate of Appealability to review the holdings of the district court and the Nevada Supreme Court that Mr. … |
| 22-5413 |
Roderick Taylor v. Mississippi |
Mississippi |
2022-08-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-claims criminal-conviction due-process federal-treaties ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief procedural-bar strickland-v-washington |
Whether Miss. Code Ann. 99-39-21 was unreasonably used to bar petitioner's fundamental issues of severe importance revolving around federal treaties |
| 22-5415 |
Delano Marco Medina v. United States |
Tenth Circuit |
2022-08-22 |
Denied |
Response WaivedIFP |
cell-site-location-information certificate-of-appealability ineffective-assistance ineffective-assistance-of-counsel lost-evidence mandamus mandamus-relief rule-60(b) rule-60b speedy-trial |
Did the Tenth Circuit err in not granting a COA and refusing to remand back to the district court or to properly consider Medina's Rule 60(b) motion? |
| 22-5403 |
Paul Frederick Stover v. Oregon Board of Parole and Post-Prison Supervision |
Ninth Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense second-degree-assault sixth-amendment strickland-standard strickland-v-washington |
Could reasonable jurists debate whether trial counsel's failure to request a lesser-included offense instruction as an alternative to second degree as… |
| 22-5383 |
Lynn M. Giovanni v. New Jersey |
New Jersey |
2022-08-18 |
Denied |
IFP |
criminal-defense diminished-capacity guilty-plea ineffective-assistance insanity-defense psychiatric-evaluation sentencing sentencing-mitigation strickland-standard strickland-v-washington withdrawal |
Ineffective-assistance-of-counsel |
| 22-5356 |
Joseph Montrel Bourgeois v. Texas |
Texas |
2022-08-16 |
Denied |
IFP |
civil-procedure constitutional-review double-jeopardy effective-assistance-of-counsel habeas-corpus ineffective-assistance procedural-default state-court-precedent state-court-review successive-petition supreme-court-precedent |
Question not identified |
| 22-5330 |
Demetrius J. Wade v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-08-10 |
Rehearing |
Response WaivedRelisted (2)IFP |
14th-amendment 5th-amendment criminal-procedure due-process evidence-tampering fifth-amendment forensic-evidence fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel |
Was petitioner's 5th and 14th Amendment rights violated when police tampered with evidence and removed bullet fragments recovered from the victim at h… |
| 22-5331 |
Mark Anthony Williams v. Michigan |
Michigan |
2022-08-10 |
Denied |
IFP |
confrontation-clause criminal-sexual-conduct cross-examination cumulative-error due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment |
Insufficient-evidence-to-support-conviction |
| 22-127 |
Abraham Moses Fisch v. United States |
Fifth Circuit |
2022-08-09 |
Denied |
Response Waived |
18-usc-1515(c) appellate-procedure certificate-of-appealability constitutional-rights fifth-circuit impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings judicial-review prosecutorial-misconduct |
Has the United States Court of Appeals for the Fifth Circuit so far departed from the accepted and usual course of judicial proceedings, or sanctioned… |
| 22-5309 |
Saddam Daoud Samaan v. United States |
Eighth Circuit |
2022-08-08 |
Denied |
Response WaivedIFP |
attorney-misconduct civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus immunity ineffective-assistance post-conviction-relief |
Did the lower courts err by suppressing evidence after a state court ruling? |
| 22-5282 |
Cory Mingo v. Florida |
Florida |
2022-08-04 |
Denied |
Response WaivedIFP |
4th-amendment 6th-amendment cell-site-location-information criminal-procedure due-process fourth-amendment ineffective-assistance probable-cause search-and-seizure sixth-amendment warrantless-search |
Whether the Petitioner was deprived of the effective counsel |
| 22-5283 |
Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2022-08-04 |
Denied |
Response WaivedIFP |
consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy |
Whether trial counsel's Sixth Amendment duties require affirmative assistance in guilty-plea decision |
| 22-5284 |
Michael Duntae Fagans v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-04 |
Denied |
Relisted (2)IFP |
actual-innocence brady-violation constitutional-violation due-process ineffective-assistance sentencing-enhancement speedy-trial |
Whether Fagans is entitled to relief or an evidentiary hearing |
| 22-5259 |
Elseddig Elmarioud Musa v. United States |
Ninth Circuit |
2022-08-03 |
Denied |
Response WaivedIFP |
appellate-review buck-v-davis certificate-of-appealability constitutional-rights court-of-appeals due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel supreme-court-precedent |
Where a Court of Appeals denies a Petition for Issuance of a Certificate of Appealability (COA) in distegard of the rule announced in Buck v Davis" |
| 22-5272 |
J. R. v. North Dakota |
North Dakota |
2022-08-03 |
Denied |
IFP |
appellate-procedure civil-procedure constitutional-review constitutional-rights due-process ineffective-assistance jurisdictional-findings juvenile-court standing |
Did the Juvenile Court's record contain substantial evidence to support the court's jurisdictional findings as to the father |
| 22-5263 |
Jesse Brown v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2022-08-02 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review counsel-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion procedural-default standard-of-review |
Whether the trial court erred in denying the petitioner's legitimate defense theory |
| 22-5236 |
George E. McFarland v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-01 |
Denied |
IFP |
adversarial-proceedings constructive-denial cronic-violation ineffective-assistance lineup-identification prosecutorial-awareness right-to-counsel sixth-amendment |
Whether the Sixth Amendment requires inquiry into surrounding circumstances for a constructive denial of counsel claim |
| 22-5240 |
Robert C. Del Cid v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-01 |
Denied |
IFP |
civil-procedure constitutional-taint counsel-of-choice due-process equitable-tolling habeas-corpus ineffective-assistance mailbox-rule standing voir-dire |
Whether the mailbox rule entitles petitioner for equitable tolling |
| 22-5216 |
Ray Salazar v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-28 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigation mental-competency sixth-amendment |
Did the trial counsel's failure to timely and adequately conduct an investigation into Salazar's known mental health issues constitute ineffective ass… |
| 22-5219 |
Kim Lee Millbrook v. United States |
Seventh Circuit |
2022-07-28 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process first-amendment ineffective-assistance newly-discovered-evidence prosecutorial-misconduct standing takings |
Whether the petitioner has a valid claim under the First Amendment, due-process, standing, civil-rights, civil-procedure, takings |
| 22-5195 |
C. Raymond Jones, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-27 |
Denied |
IFP |
actual-innocence aedpa-limitations brady-violation brady-violations due-process herrera herrera-claim house-v-bell ineffective-assistance newly-discovered-evidence schulp |
Federal & State Court Split on Newly Reliable Evidence |
| 22-5210 |
Travis Louis Shaw v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-07-27 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights due-process ineffective-assistance jury-trial reasonable-doubt strickland-v-washington us-constitution |
Whether Petitioner should be granted a Certificate of Appealability |
| 22-5179 |
Jon Christopher Stoune v. United States |
Eleventh Circuit |
2022-07-25 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability constitutional-rights due-process equal-protection habeas-corpus ineffective-assistance patent section-2255 standing takings |
Should the Court grant a Certificate of Appealability |
| 22-5155 |
In Re Donald Williams |
|
2022-07-22 |
Denied |
IFP |
cage-v-louisiana cause-and-prejudice constitutional-review criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan out-of-time-appeal writ-of-appeal |
Whether the facts of Cockerham and Petitioner Williams are exactly the same for purpose of out of time appeal and application of Cage to their convict… |
| 22-5158 |
Bernard J. Battle v. United States |
District of Columbia |
2022-07-22 |
Denied |
Response WaivedIFP |
civil-rights criminal-conviction criminal-procedure due-process ineffective-assistance legal-nullity plea-bargaining procedural-default sentencing state-law statutory-interpretation |
Whether a guilty plea obtained in direct contravention of the express provisions of an applicable statute renders the sentence illegal, and consequent… |
| 22-5165 |
Daniel Boos v. Jermaine White, Warden |
Eleventh Circuit |
2022-07-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure cumulative-error cumulative-prejudice due-process effective-assistance-of-counsel ineffective-assistance sixth-amendment trial-counsel trial-errors |
Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to multiple errors by trial counsel, which cumulati… |
| 22-63 |
Antoin Deneil Marshal v. Texas |
Texas |
2022-07-22 |
Denied |
Response RequestedRelisted (3) |
constitutional-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel laches prosecutorial-misconduct reconsideration standing |
Whether the TCCA's application of the equitable doctrine of laches constitutes an independent and adequate state law ground that bars review of petiti… |
| 22-5125 |
Mark A. Hill v. Ohio |
Ohio |
2022-07-19 |
Denied |
IFP |
26(B)-application appellate-counsel conflict-of-interest due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plain-error post-conviction-relief procedural-due-process transcript |
Whether the 26(B) application for reopening proceeding was adequate and fundamentally fair |
| 22-5140 |
Nolberto Lemus v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
appeals civil-rights criminal-appeal due-process eleventh-circuit federal-courts habeas-corpus ineffective-assistance standing strickland-standard |
Whether the Eleventh Circuit Court of Appeals properly applied the Correct Standard when it denied the petitioner's Certificate of Appealability and D… |
| 22-5109 |
Teddy Brian Sanchez v. Ronald Broomfield, Warden |
Ninth Circuit |
2022-07-15 |
Denied |
IFP |
attorney-error brain-dysfunction capital-sentencing capital-trial circuit-split cumulative-error ineffective-assistance ineffective-assistance-of-counsel ninth-circuit penalty-phase prejudice-standard |
Whether the Ninth Circuit erred in finding that the petitioner's 'organic' brain dysfunction was not enough of a 'red flag' to trigger a duty for tria… |
| 22-5070 |
Lane Walker Waldron v. Texas |
Texas |
2022-07-12 |
Denied |
IFP |
attorney-credibility constitutional-rights conviction-reversal habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias sixth-amendment trial-counsel |
Whether petitioner was denied Sixth Amendment right to effective assistance of counsel |
| 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 |
| 22-5074 |
Kurtis D. Worley v. Illinois |
Illinois |
2022-07-12 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance plea-negotiations post-conviction-relief seizure settlements |
Whether petitioner's due process of law was violated by detectives' illegal seizure of petitioner's settlements while in public, violating petitioner'… |
| 22-5047 |
Jermaine Blackwell v. Jeff Nines, Warden, et al. |
Fourth Circuit |
2022-07-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus ineffective-assistance plea-bargain plea-bargaining right-to-counsel sentencing trial-counsel trial-strategy |
Ineffective-assistance-of-counsel |
| 22-5036 |
Raleigh Figueras v. United States |
Ninth Circuit |
2022-07-06 |
Denied |
Response WaivedIFP |
28-usc-2106 circuit-court-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review objective-standard prejudice strickland-standard strickland-v-washington |
When a circuit court unambiguously and erroneously applies a subjective standard in assessing whether a habeas petitioner has established the prejudic… |
| 22-5039 |
Randy Scott Diehl v. Mark Brnovich, Attorney General of Arizona, et al. |
Ninth Circuit |
2022-07-06 |
Denied |
Response WaivedIFP |
actual-innocence civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief post-conviction-review state-court-review |
Whether the petitioner's constitutional rights were violated when the state courts denied his claims of ineffective assistance of counsel and actual i… |
| 22-5024 |
Jerod Rodriguez v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-07-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
certificate-of-appealability criminal-procedure guilty-verdict ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell mistrial postconviction-relief prejudice-prong reasonable-jurists sixth-amendment strickland-standard |
whether-strickland-prejudice-prong-established |
| 22-4 |
Donald G. Karr, Jr. v. Mark R. Sevier, Warden |
Seventh Circuit |
2022-06-30 |
Denied |
Response Waived |
civil-rights counsel-rights davis-hatton-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment |
Whether the Davis-Hatton Procedure is unconstitutional as-applied |
| 22-5007 |
Lann Tjuan Clanton, aka Tjuan v. United States |
Fourth Circuit |
2022-06-30 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure federal-sting federal-sting-operation fourth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-agreement |
Whether the Fourth Circuit erred in dismissing petitioner's appeal pursuant to a plea agreement waiver after petitioner won the right to file a belate… |
| 22-5010 |
Tedroy Davis v. Jeffrey A. Beard, Warden |
Ninth Circuit |
2022-06-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights doyle-error doyle-v-ohio due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights ninth-circuit post-miranda-silence |
Did the Ninth Circuit misapply the standard for the issuance of a certificate of appealability (COA) |
| 21-8243 |
Michael Shane Bargo v. Florida |
Florida |
2022-06-28 |
Denied |
IFP |
burden-of-proof criminal-defense due-process ineffective-assistance plea-of-not-guilty presumption-of-innocence right-to-counsel sixth-amendment structural-error |
Did Mr. Bargo show that a violation of his rights occurred, pursuant to McCoy, when he explicitly entered a plea of not guilty and maintained his inno… |
| 21-8212 |
Anthony N. Ott v. New York |
New York |
2022-06-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-appeal criminal-procedure door-opening double-jeopardy due-process evidence ineffective-assistance ineffective-assistance-of-counsel new-york-law vindictive-sentencing vindictiveness |
Whether the New York courts erred in applying the 'opening the door' standard |
| 21-1584 |
Martin Louis Ballard v. United States |
Fourth Circuit |
2022-06-23 |
Denied |
Response Waived |
drug-conspiracy due-process fair-trial fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mistrial murder-for-hire sixth-amendment |
Is the right of Martin Ballard to due process of law under the Fifth Amendment and the right to a fair and impartial fact finder in his trial under th… |
| 21-1579 |
Stephen Alexander v. Georgia |
Georgia |
2022-06-22 |
Denied |
Response Waived |
courtroom-closure fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis sixth-amendment strickland-standard strickland-v-washington |
When Defense Counsel errs by not objecting to an improper courtroom closure, should reviewing courts apply a 'fundamental unfairness' test, or the tra… |
| 21-8200 |
Daniel Louis Jackson v. United States |
Eighth Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
fourth-amendment ineffective-assistance kimmelman-v-morrison privacy-rights probable-cause search-and-seizure standing strickland-v-washington warrant-particularity |
whether-counsel-provided-ineffective-assistance-for-failing-to-file-a-meritorious-motion-to-suppress |
| 21-8203 |
Galina Rytsar v. Lonnie Oliver, Superintendent, State Correctional Institution at Cambridge Springs |
Third Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
criminal-procedure deportation-consequences discovery due-process guilty-plea habeas-corpus impeachment-of-witnesses ineffective-assistance sixth-amendment sixth-amendment-right translation |
Ineffective-assistance-of-counsel |
| 21-8173 |
Vincent Raymond Rios v. United States |
Ninth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure drug-crimes due-process guilty-plea ineffective-assistance ineffective-counsel language-barrier language-rights plea-bargaining |
Should the Ninth Circuit have vacated Mr. Rios's guilty plea for lack of a knowing and voluntary waiver of his constitutional rights |
| 21-8178 |
Jing Hua Wu v. Eric Arnold, Warden, et al. |
Ninth Circuit |
2022-06-17 |
Denied |
IFP |
civil-rights constitutional-rights due-process evidence-fabrication habeas-corpus ineffective-assistance jury prosecutorial-misconduct standing trial-procedure |
Jury-Misconduct |
| 21-8184 |
Michael Kelly v. Jeremy Larson, Warden |
Eighth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment constitutional-rights disproportionate-sentence ex-post-facto ineffective-assistance plea-colloquy postconviction-counsel sentencing-proportionality |
whether-effective-assistance-of-counsel-was-denied |
| 21-8153 |
Michael Tisius v. Paul Blair, Warden |
Eighth Circuit |
2022-06-16 |
Denied |
IFP |
8th-circuit certificate-of-appealability conflict-of-interest death-penalty eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel statutory-interpretation |
Was the denial of a COA proper? |
| 21-8134 |
Jacquere Doran v. United States |
Eighth Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure district-court fourth-amendment ineffective-assistance ineffective-assistance-of-counsel legal-procedure waiver |
Whether the District Court Erred in Ruling that Petitioner Waived an Ineffective Assistance of Counsel Claim Based on a Fourth Amendment Violation? |
| 21-8135 |
Zachary Chandler v. United States |
Eleventh Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
adversarial-testing criminal-defense criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-sympathy sixth-amendment sympathy-defense trial-strategy |
Whether counsel was ineffective due to defense strategy |
| 21-8137 |
David Lee Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability criminal-procedure entrapment ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell reasonable-jurists sixth-amendment strategic-decision undercover-operation |
Whether an attorney's decision to forego a viable defense can be considered 'strategic' if the attorney misunderstood the law |
| 21-1558 |
John Curtis Dewberry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Divisions |
Fifth Circuit |
2022-06-14 |
Denied |
|
aedpa certificate-of-appealability death-penalty district-court evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel minor-sentencing |
Whether the United States District Court For The Eastern District Of Texas erred in denying Petitioner Dewberry a Certificate of Appealability |
| 21-8117 |
Xavier Jamaal Orange v. United States |
District of Columbia |
2022-06-10 |
Denied |
Response WaivedIFP |
counsel-error criminal-procedure ineffective-assistance ineffective-assistance-of-counsel molina-martinez molina-martinez-v-united-states prejudice sentencing sentencing-guidelines |
Whether a defendant claiming ineffective assistance of counsel at sentencing can establish prejudice from a Sentencing Guidelines error despite the se… |
| 21-8119 |
Waymon J. Stepherson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-10 |
Denied |
IFP |
14th-amendment 5th-amendment brady-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel right-against-self-incrimination self-incrimination voir-dire |
Whether the lower court erred and abused its discretion in not finding petitioner was deprived of his 5th and 14th amendment rights |
| 21-8106 |
Jay Jurdi v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure government-misconduct ineffective-assistance jurisdictional-issue legal-standard preservation-of-error procedural-question self-incrimination sentencing statutory-provisions writ-of-certiorari |
Was Brent's counsel ineffective for failing to object to, and thereby preserve for review, the government-intended use of a novel, self-incriminating … |
| 21-8086 |
Jeremiah F. Wooden v. Massachusetts |
Massachusetts |
2022-06-08 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-record guilty-plea ineffective-assistance informed-consent meritorious-defenses plea-bargaining plea-counsel right-to-counsel sixth-amendment |
Whether plea counsel has a duty to advise of the impact of a conviction on his client's criminal record before a guilty plea |
| 21-8064 |
Antonio D. Shannon v. Randall Hepp, Warden |
Seventh Circuit |
2022-06-06 |
Denied |
Response WaivedIFP |
counsel-obligations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify sixth-amendment |
whether-the-defendant-has-the-right-to-testify |
| 21-8067 |
Juan Gomez v. Scott Frauenheim, Warden |
Ninth Circuit |
2022-06-06 |
Denied |
IFP |
child-sexual-abuse criminal-procedure culpability due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability sixth-amendment |
Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to investigate and presen… |
| 21-8068 |
John Burke v. United States |
Second Circuit |
2022-06-06 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel rico-case right-to-testify withdrawal-defense witness-testimony |
Should an attorney afraid of their client be allowed to represent the client without the client's knowledge? |
| 21-8044 |
Bobby Dewayne Thompson, II v. United States |
Ninth Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense due-process firearm-possession ineffective-assistance ineffective-assistance-of-counsel jury-instructions right-to-counsel second-amendment trial-strategy |
Did trial counsel entirely fail to present a defense to illegally possessing a firearm by conceding that Thompson possessed a gun when the court's ins… |
| 21-8020 |
Ronald Mitchell v. United States |
Eighth Circuit |
2022-06-02 |
Denied |
Response WaivedIFP |
§2255-motion 21-usc-841 certificate-of-appealability criminal-procedure drug-abuse drug-distribution heroin-possession ineffective-assistance ineffective-assistance-of-counsel serious-bodily-injury |
Was trial counsel constitutionally ineffective for failing to consult or hire an expert witness in drug abuse |
| 21-8036 |
Jason Slaughter v. Delaware |
Delaware |
2022-06-02 |
Denied |
Response WaivedIFP |
constitutional-rights guilty-plea IAD-rights ineffective-assistance ineffective-assistance-of-counsel procedural-default speedy-trial waiver |
Did petitioner's attorney provide ineffective assistance of counsel sufficient to constitute cause for a procedural default |
| 21-8007 |
In Re Michael David Hower |
|
2022-06-01 |
Denied |
Response WaivedIFP |
28-usc-2255 aedpa criminal-procedure due-process evidentiary-hearing federal-rules habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massaro-v-united-states plea-withdrawal |
Has AEDPA created an unconstitutional barrier that has rendered the petitioner's remedy under 28 U.S.C. §2255 inadequate or ineffective? |
| 21-1504 |
Jason Wayne Carlile v. Texas |
Texas |
2022-06-01 |
Denied |
Response Waived |
adversarial-testing criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether a defense attorney's complete failure to subject the State's case to adversarial testing during a trial deprives a criminal defendant of the e… |
| 21-7983 |
Allen James Harrison v. Louisiana |
Louisiana |
2022-05-27 |
Denied |
Response WaivedIFP |
due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargain sixth-amendment |
Whether Petitioner was denied due process under the Fifth and Fourteenth Amendments when retained counsel admitted fault concerning a plea bargain, co… |
| 21-7990 |
Jerry Lee Craig, Sr. v. Brent Fluke, Warden, et al. |
Eighth Circuit |
2022-05-27 |
Denied |
IFP |
civil-rights criminal-procedure due-process ineffective-assistance judicial-bias standing |
Whether conflict of interest existed at trial after judge gamed the withholding of evidence from the defense |
| 21-7976 |
Mark A. Hill v. Ohio |
Ohio |
2022-05-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief pro-se right-to-counsel standing |
Whether it is unconstitutional for a state court to make it mandatory that an indigent, pro se prisoner provide an attorney affidavit in order for cla… |
| 21-7938 |
Larry Wayne Kimes v. United States |
Fifth Circuit |
2022-05-23 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review certificate-of-appealability circuit-split civil-procedure due-process federal-rules-of-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion rule-52 |
Should federal appeals courts require district courts to explain their opinions and orders in sufficient detail to aid in appeals? |
| 21-7940 |
Jason P. Thomas v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2022-05-23 |
Denied |
IFP |
criminal-procedure double-jeopardy evidentiary-hearing fabricated-evidence ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sentencing |
Whether the District Court erred in disposing of Petitioner's claim of ineffective assistance of trial counsel surrounding the failure to litigate a v… |
| 21-7908 |
Jose Mejia v. New York |
New York |
2022-05-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sixth-amendment |
Does the failure to apply the amendment retroactively deprive a defendant of his fundamental rights under the Sixth and Fourteenth amendments where he… |
| 21-7925 |
Robert Wallace Smith v. United States |
Ninth Circuit |
2022-05-19 |
Denied |
Response WaivedIFP |
brady-violation certificate-of-appealability civil-procedure equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit procedural-default standing |
Did the Ninth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of certificate of appealability |
| 21-7892 |
Abdul Samuels v. United States |
District of Columbia |
2022-05-17 |
Denied |
Response WaivedIFP |
conflict-of-interest court-of-appeals due-process ineffective-assistance remand representation right-to-counsel sixth-amendment trial-counsel |
Did the court of appeals err in denying Petitioner—whose trial counsel had a conflict of interest because his child was applying for a job at the U.S.… |
| 21-7875 |
Freya D. Pearson v. United States |
Eighth Circuit |
2022-05-16 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-procedure constitutional-right direct-appeal due-process effective-counsel ineffective-assistance notice-of-deficiency notice-of-withdrawal notice-requirement prosecutorial-misconduct tax-deficiency |
Right To Counsel |
| 21-7871 |
Clifton D. Harvin v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-13 |
Denied |
IFP |
actual-innocence aedpa aedpa-limitations certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-case law-of-the-case |
Did the United States Court of Appeals for the Fifth Circuit impose an improper and unduly burdensome Certificate of Appealability standard? |
| 21-7840 |
Hazhar A. Sayed v. Colorado |
Colorado |
2022-05-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process guilty-plea immigration ineffective-assistance ineffective-assistance-of-counsel people-v-chavez-torres plea-bargaining plea-counsel |
Whether Mr. Sayed's plea was entered knowingly, intelligently, and voluntarily |
| 21-7811 |
Kushawn Miles-El, aka Kushawn S. Miles v. Michigan |
Michigan |
2022-05-09 |
Denied |
IFP |
appellate-counsel constitutional-error constitutional-errors court-transcripts due-process ineffective-assistance ineffective-assistance-of-counsel right-to-appeal structural-errors transcripts |
whether-petitioner-s-direct-appeal-as-of-right-should-be-reinstated |
| 21-7794 |
Paul C. Bolin v. Ron Broomfield, Warden |
Ninth Circuit |
2022-05-06 |
Denied |
IFP |
aggravating-factors capital-punishment habeas-corpus ineffective-assistance jury-discretion mitigation mitigation-evidence prejudice-analysis prejudice-standard strickland-standard strickland-v-washington |
Whether a state or federal habeas court may reasonably conclude that a crime is so aggravated that no mitigation could persuade even one juror to vote… |
| 21-7798 |
Francisco Manuel Padilla v. California |
California |
2022-05-06 |
Denied |
IFP |
constitutional-rights counsel-appointment criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargaining plea-withdrawal right-to-counsel standard-of-review |
Did the trial court abuse its discretion and violate the appellant's constitutional rights by denying his motion to withdraw his pleas? |
| 21-7768 |
Jowell Travis LeGendre v. Virginia |
Virginia |
2022-05-04 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-rights criminal-procedure due-process eighth-amendment fifth-amendment ineffective-assistance ineffective-counsel inquiry pre-trial |
Were my rights to due process prejudiced when the court failed to conduct inquiry concerning pre-trial claims of ineffective counsel? |
| 21-7771 |
James Lamar Strickland v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-05-04 |
Denied |
Response WaivedIFP |
brady-disclosure criminal-procedure due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sixth-amendment strickland-standard strickland-v-washington |
Whether the court of appeals improperly applied the prejudice standard articulated by this Court in Strickland v. Washington, 466 U.S. 668 (1984) |
| 21-7777 |
Vedal A. Davis v. Texas |
Texas |
2022-05-04 |
Denied |
Relisted (2)IFP |
amendment-and-tolling constitutional-rights due-process false-evidence finality-of-prior-conviction ineffective-assistance jurisdiction legal-facts-pleadings-circumstances prosecutorial-misconduct statute-of-limitations trial-counsel-ineffectiveness trial-jurisdiction |
Ineffective-assistance-of-counsel,due-process,statute-of-limitations,grand-jury,prosecutorial-misconduct,habitual-offender |
| 21-7762 |
Jesus Leonardo Castillo-Martinez v. United States |
First Circuit |
2022-05-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
8-usc-1326d administrative-exhaustion collateral-challenge deportation-order illegal-reentry immigration-removal ineffective-assistance ineffective-assistance-of-counsel judicial-review notice-to-appear |
Whether counsel's failure to raise a controlling issue pending in this Court constitutes ineffective assistance of counsel |
| 21-7749 |
Samba Sarr v. Brian Cook, Warden |
Sixth Circuit |
2022-04-29 |
Denied |
IFP |
criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence kidnapping sexual-assault sufficiency-of-evidence |
Whether Counsel for Defendant was ineffective as trial counsel |
| 21-7737 |
Justin L. Douglas v. Wisconsin |
Wisconsin |
2022-04-28 |
Denied |
Response WaivedIFP |
appellate-review civil-rights counsel criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence search-and-seizure standing trial-strategy |
Did the Supreme Court of Wisconsin err in ruling on the defendant's right to effective counsel? |
| 21-7739 |
Kendall Whitaker v. Patricia A. Coyne-Fague, Warden |
First Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment aiding-and-abetting civil-rights due-process fourteenth-amendment ineffective-assistance jury-instructions sixth-amendment |
Whether the petitioner was denied effective assistance of counsel due to failure to object and preserve for appeal jury instructions on the elements o… |
| 21-7741 |
David Mejia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-28 |
Denied |
IFP |
civil-procedure civil-rights constitutional-violation due-process fraud-on-court fraud-on-the-court habeas-corpus ineffective-assistance pro-se pro-se-litigant standing |
Has the Fifth Circuit erred in holding fraud on the court not a substantive constitutional violation of due process? |
| 21-7743 |
Matthew J. Kidder v. Nebraska |
Nebraska |
2022-04-28 |
Denied |
Response WaivedIFP |
constitutional-rights counsel criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance sentencing sixth-amendment state-court-jurisdiction |
Is the State Court required to hear and make a determination on the Petitioner's U.S. Constitutional Sixth and Fourteenth Amendment right to effective… |
| 21-7723 |
Freddie Galan v. United States |
Fifth Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-circuit guilty-plea ineffective-assistance judicial-review plea-bargaining rule-11 supreme-court-review |
Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea w… |
| 21-7732 |
Oji Konata Markham v. Vicki Janssen, Warden |
Eighth Circuit |
2022-04-27 |
Denied |
IFP |
brady-violation court-of-appeals due-process fair-trial fourth-amendment ineffective-assistance prejudice probable-cause sixth-amendment warrantless-arrest |
Whether the court of appeals properly assessed prejudice when it considered the Brady v. Maryland, 373 U.S. 83 (1963) violation |
| 21-7690 |
Anthony J. Springer v. Bryan Morrison, Warden |
Sixth Circuit |
2022-04-25 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure entrapment-by-estoppel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel michigan-supreme-court pre-trial-defense reasonable-jurist |
Whether trial and appellate counsel provided ineffective assistance for failing to investigate and present the pre-trial defense of entrapment by esto… |
| 21-7668 |
Russell Haley v. Mississippi |
Mississippi |
2022-04-21 |
Denied |
Response WaivedIFP |
constitutional-rights conviction-challenge counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment |
Whether a defendant who pleads guilty has the right to make a Sixth Amendment claim of ineffective assistance of counsel due to counsel's deficient pe… |
| 21-7660 |
Scott McLaughlin v. Anne L. Precythe, Director, Missouri Department of Corrections |
Eighth Circuit |
2022-04-20 |
Denied |
IFP |
capital-habeas cumulative-errors expert-witness ineffective-assistance ineffective-assistance-of-counsel mental-illness opening-statement prejudice-analysis sixth-amendment strickland-standard strickland-v-washington |
Whether a reviewing court should consider the cumulative effect of multiple errors by trial counsel in assessing Strickland deficiency and prejudice |
| 21-7646 |
Jason Delacerda v. Texas |
Texas |
2022-04-19 |
Denied |
IFP |
appellate-review criminal-conviction criminal-procedure death-penalty due-process future-dangerousness ineffective-assistance ineffective-assistance-of-counsel psychiatric-evidence psychiatric-testimony sufficiency-of-evidence |
Did the appellate court err in failing to find that the evidence was insufficient to support the conviction and death sentence? |
| 21-7647 |
Lloyd Brice v. California |
California |
2022-04-19 |
Denied |
Response WaivedIFP |
conflict-of-interest due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial right-to-counsel right-to-fair-trial |
Did the Supreme Court err in failing to rule that the denial of the Motion for New Trial due to trial counsel's conflict of interest violated Petition… |
| 21-7637 |
Marecellus Adams v. Tim Hooper, Warden |
Fifth Circuit |
2022-04-18 |
Denied |
Response WaivedIFP |
criminal-procedure defense-strategy due-process fundamental-fairness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment |
Did trial counsel violate Adams's right to choose the objective of his defense when he conceded guilt over his express objection? |
| 21-7606 |
Michael La Donte Scott v. Robert W. Fox, Warden |
Ninth Circuit |
2022-04-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment strickland-v-washington time-barred-charges |
Whether petitioners were denied effective assistance of counsel under Strickland v. Washington (1984) when their counsel provided incompetent advice t… |
| 21-7607 |
Devunaire Damorea Sims v. Michigan |
Michigan |
2022-04-13 |
Denied |
IFP |
appellate-counsel due-process effective-assistance-of-counsel evidentiary-hearing fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-hearing sixth-amendment |
Did the Michigan Supreme Court err in denying this issue when Petitioner was denied his Sixth Amendment right to the effective assistance of counsel w… |
| 21-7605 |
Lwane A. Mansell v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-04-12 |
Denied |
Response WaivedIFP |
14th-amendment 28-usc-2254 6th-amendment brady-v-maryland brady-violation constitutional-rights discovery-violation due-process habeas-corpus ineffective-assistance procedural-bar sufficiency-of-evidence |
Whether the district court erred in denying claim one of the petitioner's 28 U.S.C. § 2254 as procedurally barred |
| 21-7584 |
William O. Dickerson v. South Carolina |
South Carolina |
2022-04-11 |
Denied |
IFP |
batson-challenge civil-rights comparative-juror-analysis due-process ineffective-assistance ineffective-assistance-of-counsel jury-selection peremptory-strikes post-conviction-review racial-discrimination standing voir-dire |
Did the state postconviction court violate Batson-and-its-progeny |
| 21-7561 |
Ana Duarte-Pineda v. United States |
Fourth Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-review conflict-of-interest criminal-procedure due-process indigent-defendant ineffective-assistance pro-se-response sixth-amendment sua-sponte-replacement |
Whether an appellate court has a duty to replace a defendant's appellate counsel with unconflicted counsel when the defendant's pro se response to an … |
| 21-7563 |
Alexander Kates v. New York |
Second Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure custody-determination district-court-discretion due-process federal-precedent habeas-corpus ineffective-assistance standing state-law state-law-precedent |
Are district courts allowed to disregard State law and controlling federal precedent when handling state habeas corpus petitions? |
| 21-7533 |
Ion Stanciu v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-05 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process expert-witness fourteenth-amendment habeas-corpus ineffective-assistance medical-evidence state-misconduct |
When a state together with state's expert witness change the original version of medical evidence into a new complete different version, to link the a… |
| 21-7539 |
John P. Higley v. Oklahoma |
Oklahoma |
2022-04-05 |
Denied |
IFP |
14th-amendment appeal-out-of-time case-law constitutional-rights criminal-procedure direct-appeal due-process evidentiary-hearing findings-of-fact ineffective-assistance |
Did the Oklahoma Court of Criminal Appeals violate Mr. Higley's 14th Amendment right to Due Process? |
| 21-7553 |
Larry David Davis v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2022-04-05 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 6th-amendment administrative-procedure civil-rights discretionary-relief due-process immigration-law ineffective-assistance judicial-review motion-to-reopen speedy-trial |
Whether the petitioner's constitutional rights were violated by the delayed issuance of an arrest warrant and probable cause affidavits |
| 21-1318 |
Gregory Bogomol v. United States |
Fifth Circuit |
2022-04-04 |
Denied |
Response Waived |
28-usc-2255 evidentiary-hearing federal-procedure fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel knock-and-talk motion-to-suppress warrantless-search |
What is the proper standard for determining when a federal habeas petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255? |
| 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 |
| 21-7523 |
Martin Robinson v. Ohio |
Ohio |
2022-04-01 |
Denied |
IFP |
appeals constitutional-claims criminal-justice-system criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-review post-conviction-relief pro-se-litigants |
Whether the criminal justice system lacks common sense in the treatment of pro se litigants |
| 21-7516 |
Delroy T. Booth v. Georgia |
Georgia |
2022-03-31 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance newly-discovered-evidence post-conviction-relief sentencing standing |
Did the Georgia Supreme Court abuse its discretion by denying Petitioner's motion to vacate, set aside, or correct his sentence? |
| 21-7497 |
In Re Willie T. Murphy |
|
2022-03-30 |
Denied |
IFP |
collateral-proceeding collateral-review constitutional-right due-process ineffective-assistance legal-counsel martinez-v-ryan prisoner-rights right-to-counsel sixth-amendment |
Does a prisoner have a right to effective assistance of counsel in a collateral proceeding which provides the first occasion to raise a claim of ineff… |
| 21-7476 |
Samuel Lee Dantzler v. Randee Rewerts, Warden |
Sixth Circuit |
2022-03-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process expert-witness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel scientific-evidence sixth-amendment |
Whether a criminal defendant is entitled to a scientific expert essential to confront prosecution's expert analysis |
| 21-7481 |
Timothy K. Prince v. Michigan |
Michigan |
2022-03-28 |
Denied |
IFP |
appellate-review evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-bias michigan-supreme-court neglected-issues pecuniary-interest procedural-default trial-counsel |
Did the Michigan Supreme Court err in refusing to review claims of judicial bias, ineffective assistance of trial and appellate counsel |
| 21-7456 |
Robert Earl Rowles v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-03-25 |
Denied |
IFP |
criminal-procedure effective-assistance-of-counsel evidentiary-hearing florida-law ineffective-assistance outcome-of-proceeding post-conviction reasonable-probability right-to-counsel sixth-amendment strategic-decision |
Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights to counsel where counsel's r… |
| 21-7472 |
Earnest Eugene Walker, Jr. v. Kansas |
Tenth Circuit |
2022-03-25 |
Denied |
Response WaivedIFP |
4th-amendment constitutional-rights criminal-procedure due-process habeas-corpus illegal-sentence ineffective-assistance post-conviction-relief sentencing |
Whether the SHtuce ESA QQ-S50y Coetection of Sentence avid AS fAe Samer SKe fobeasr your to be Consteuec ns Ye Same fo Coegecf aN ZV hegal Sedfev ce A… |
| 21-7462 |
John Moses Burton, IV v. United States |
Fourth Circuit |
2022-03-24 |
Denied |
Response WaivedIFP |
appellate-review constitutional-defense due-process grammatical-interpretation ineffective-assistance ineffective-assistance-of-counsel procedural-constraints statute-of-limitations strickland-vs-washington toussie-vs-united-states word-meanings |
Question not identified |
| 21-7420 |
Isiah Pierce v. United States |
Second Circuit |
2022-03-23 |
Denied |
Response WaivedIFP |
28-usc-2255 circuit-split collateral-proceedings court-of-appeals direct-appeal ineffective-assistance ineffective-assistance-of-counsel massaro-presumption post-trial-motion post-trial-motions right-to-counsel section-2255 |
Does the presumption of Massaro v. United States apply where the ineffective assistance of counsel claim was first litigated and decided in a consider… |
| 21-7449 |
Leonard S. Taylor v. Paul Blair, Warden |
Eighth Circuit |
2022-03-23 |
Denied |
IFP |
capital-punishment capital-trial closing-argument ineffective-assistance ineffective-assistance-of-counsel martinez-standard martinez-v-ryan mccoy-v-louisiana nixon-v-florida sixth-amendment strickland-test strickland-v-washington |
Whether the decision to forego a closing argument in the penalty phase of a capital murder trial is a tactical decision for trial counsel to make or a… |
| 21-7437 |
Steven Hutchinson v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
batson-challenge Batson-v-Kentucky constitutional-violation ineffective-assistance ineffective-assistance-of-counsel jury-selection presumption-of-prejudice racial-discrimination strickland-standard Strickland-v-Washington |
Should prejudice under Strickland v. Washington be presumed for an ineffective-assistance-of-counsel claim based on counsel's failure to object to unc… |
| 21-7400 |
Derrick U. Stricklin v. Nebraska |
Nebraska |
2022-03-17 |
Denied |
IFP |
alibi-evidence capital-case capital-punishment criminal-procedure fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-tactics |
Whether the failure of defense counsel to file a notice of alibi and present ample alibi evidence when instructed to do so by the defendant in a capit… |
| 21-7388 |
Amos Joseph Wells, III v. Texas |
Texas |
2022-03-16 |
Denied |
IFP |
constitutional-violation death-penalty due-process fact-finding ineffective-assistance post-conviction post-conviction-relief racial-animus sixth-amendment |
When a state provides a mandatory procedure for fact-finding in post-conviction death penalty cases where a constitutional violation is pleaded, does … |
| 21-7366 |
Raymond L. Rogers v. United States |
Tenth Circuit |
2022-03-15 |
Denied |
Response WaivedIFP |
court-appointed-counsel criminal-appeal due-process extraordinary-circumstances federal-court-of-appeals ineffective-assistance mandate-recall tenth-circuit writ-of-certiorari |
Remedy-for-CJA-attorney-failure-to-file-cert-petition |
| 21-7374 |
William A. Noguera v. Ronald Davis, Warden |
Ninth Circuit |
2022-03-15 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-right counsel-representation cuyler-v-sullivan holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-representation |
Did the Ninth Circuit's opinion create a conflict with relevant decisions of this Court in concluding that Sullivan's standard applies only when a def… |
| 21-7358 |
Joseph Elliott v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
capital-case certificate-of-appealability confrontation-clause ineffective-assistance jury-selection out-of-court-statements right-to-counsel strickland-standard strickland-v-washington trial-preparation |
Whether trial counsel was ineffective under Strickland v. Washington where counsel met with petitioner for less than 15 minutes before trial |
| 21-7343 |
Harry Hueston v. United States |
Second Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability civil-procedure due-process equitable-tolling habeas-corpus ineffective-assistance judicial-discretion legal-remedy procedural-default timeliness |
Whether it was error for the Second Circuit to deny Huestion the right to file an appeal or COA when timeliness was the result of facts beyond his con… |
| 21-7334 |
Gregory Todd Numann v. United States |
Ninth Circuit |
2022-03-10 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability child-pornography criminal-procedure evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel password-protected-device plea-bargaining |
Whether the Court of Appeals for the Ninth Circuit erred in denying Mr. Numann's motion for certificate of appealability |
| 21-7300 |
LeMaricus Davidson v. Tennessee |
Tennessee |
2022-03-08 |
Denied |
IFP |
actual-prejudice death-penalty fair-trial fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel jury-selection post-conviction prejudice-presumption structural-error |
Should prejudice in an ineffective-assistance-of-counsel case be presumed where the deficient performance of counsel resulted in a structural-error co… |
| 21-7305 |
Steven Bryant v. Shawn Emmons, Warden |
Georgia |
2022-03-08 |
Denied |
Response WaivedIFP |
criminal-procedure false-testimony habeas-corpus ineffective-assistance plea-deal prosecutorial-misconduct strickland-standard strickland-v-washington witness-testimony |
Where the state's only eyewitness and linchpin of its case, the co-defendant, struck a deal whereby she would plead to a lesser offense and testify ag… |
| 21-7294 |
Daniel Gerard Lacey v. Brian M. Gootkin, Director, Montana Department of Corrections, et al. |
Ninth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
certiorari circuit-split foreshadowing ineffective-assistance judicial-review jurisdiction legal-doctrine timeliness writ-of-certiorari |
Whether this Court should grant certiorari to address and resolve a circuit split on the doctrine of foreshadowing and its application to ineffective … |
| 21-7271 |
Matthew Moore v. Thomas Mackie, Warden |
Sixth Circuit |
2022-03-03 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure criminal-sexual-conduct due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment |
Was denied effective assistance of counsel and unconstitutionally coerced into taking a paternity blood test |
| 21-7249 |
Jacob Ivan Hill v. United States |
Fourth Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
capital-punishment civil-rights due-process effective-assistance-of-counsel ineffective-assistance mitigating-evidence prosecutorial-misconduct right-to-counsel self-defense sentencing-phase sixth-amendment |
Whether the failure of Tezai Covnser's to Jueoerm fys Cizenr Juwr He feces fh 'Menanrony' Lee Seusence Le He Cnwases To bo to Tarn) & hse, Nor fi elro… |
| 21-7260 |
George K. Mackie v. Massachusetts |
Massachusetts |
2022-03-02 |
Denied |
Response WaivedIFP |
closing-argument criminal-procedure impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions miscarriage-of-justice prosecutorial-misconduct reasonable-doubt |
Did the appeals court err in holding that the error-laden closing argument by the prosecutor, taken in its totality, create a substantial risk of a mi… |
| 21-7241 |
Darrell Johnson v. Pennsylvania |
Pennsylvania |
2022-03-01 |
Denied |
Response WaivedIFP |
alibi-instruction evidence ineffective-assistance ineffective-assistance-of-counsel legal-error pennsylvania-state-court state-court stipulations trial-counsel |
Was the Pennsylvania State Court's ruling supported by the evidence and free from legal error when it held that Petitioner's trial counsel was not ine… |
| 21-7194 |
Mainor Canales v. Tennessee |
Tennessee |
2022-02-24 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance investigation post-conviction-relief sixth-amendment trial-preparation witness-investigation |
Ineffective-assistance-of-counsel |
| 21-7198 |
Remel Ahart v. Massachusetts |
Massachusetts |
2022-02-24 |
Denied |
Response WaivedIFP |
and whether Massachusetts's appellate review prov appellate-review collateral-review criminal-procedure equal-protection ineffective-assistance ineffective-counsel postconviction-review procedural-default sixth-amendment |
When a court issues a procedural ruling not to extend the benefits of a new rule collaterally to those who did not preserve their claim, does the Sixt… |
| 21-7200 |
John L. Jacques v. Wisconsin |
Wisconsin |
2022-02-24 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights due-process electronically-stored-information ineffective-assistance legal-assistance legal-representation postconviction postconviction-relief procedural-default rule-of-completeness standing |
Is it sufficient reason for failing to raise new issues in a postconviction motion after first appeal that were not already litigated |
| 21-7178 |
Amadeo Valls v. Florida |
Florida |
2022-02-23 |
Denied |
IFP |
constitutional-intolerance double-jeopardy due-process federalized-claims habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-probability state-appellate-courts state-courts summary-orders systemic-inattentiveness |
Whether summary orders rejecting federalized claims have become constitutionally intolerable post-AEDPA |
| 21-7188 |
Elishay Banks v. United States |
Ninth Circuit |
2022-02-23 |
Denied |
Response WaivedIFP |
appeal appellate-review counsel-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-error ninth-circuit standard-of-review |
Is it error by the Ninth Circuit Court of Appeals to fail to consider the petitioner's argument concerning the ineffective assistance of counsel obvio… |
| 21-7171 |
Robin Lee Sherwood v. George A. Neotti, Warden |
Ninth Circuit |
2022-02-22 |
Denied |
Response WaivedRelisted (2)IFP |
competency competency-to-plead-guilty guilty-plea habeas habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel prejudice-standard strickland-standard strickland-v-washington |
Whether the Ninth Circuit's prejudice standard for an ineffective assistance of counsel claim concerning competency to plead guilty conflicts with Str… |
| 21-1157 |
Dennis Spencer v. Colorado |
Colorado |
2022-02-22 |
Denied |
Amici (2)Relisted (2) |
attorney-performance conflict-of-interest constitutional-rights cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-representation multiple-clients personal-conflicts prejudice prejudice-standard |
Does Sullivan's standard apply only when a defense lawyer represents multiple clients with conflicting interests, or does Sullivan apply to other conf… |
| 21-7154 |
John Walters v. Michael Martin, Warden |
Fourth Circuit |
2022-02-18 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer prejudice-analysis right-to-counsel strickland-standard strickland-v-washington |
Under the prejudice analysis in Missouri v. Frye and Strickland v. Washington, does the acceptance of a later, less favorable plea show prejudice even… |
| 21-7113 |
Gerald Wayne Jako, Jr. v. West Virginia |
West Virginia |
2022-02-15 |
Denied |
IFP |
conflict-of-interest criminal-representation cuyler-v-sullivan ineffective-assistance inside-job-theory plea-bargain presumption-of-prejudice sixth-amendment sixth-amendment-right-to-counsel staged-crime witness-unavailability |
Whether the standard enunciated in Cuyler v. Sullivan applies when a defendant objects to counsel's representation after a conflict is revealed |
| 21-7109 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2022-02-14 |
Denied |
IFP |
certificate-of-appealability confrontation-clause crawford-v-washington due-process forensic-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice |
whether-trial-counsel-was-ineffective-for-failing-to-object-to-forensic-dna-evidence |
| 21-7096 |
Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-02-10 |
Denied |
IFP |
6th-amendment certificate-of-appealability constitutional-error habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-bar sixth-amendment |
Did the Fifth Circuit Court of Appeals err in denying Petitioner a Certificate of Appealability |
| 21-7082 |
William Speer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-02-09 |
Denied |
IFP |
capital-punishment capital-sentencing double-edged-evidence eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence sixth-amendment strickland-standard strickland-v-washington |
Whether the Fifth Circuit's resolution of the prejudice prong under Strickland v. Washington contravenes settled Sixth and Eighth Amendment precedent … |
| 21-7092 |
Epati Malauulu v. United States |
Ninth Circuit |
2022-02-09 |
Denied |
Response WaivedIFP |
18-usc-2255 constitutional-rights counsel-waiver criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief section-2255 waiver |
Whether, Despite a Waiver, Malauulu Can Properly Raise Ineffective Assistance of Counsel Claims Under 18 U.S.C. § 2255? |
| 21-7074 |
Benny Dennis v. United States |
Fifth Circuit |
2022-02-08 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-procedure due-process fifth-circuit guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining standing supreme-court-precedent |
Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a certificate of appe… |
| 21-1099 |
Thomas Clayton Steres v. Kevin Curran, Warden, et al. |
Ninth Circuit |
2022-02-08 |
Denied |
Response Waived |
cell-phone-search certificate-of-appealability constitutional-rights criminal-procedure fourth-amendment habeas-corpus ineffective-assistance plea-bargaining right-to-counsel sixth-amendment |
Whether Thomas Steres received ineffective assistance of counsel |
| 21-1090 |
James Calvert v. Texas |
Texas |
2022-02-07 |
Denied |
|
capital-trial constitutional-error due-process ineffective-assistance juror-impartiality postconviction-proceedings postconviction-relief presumption-of-innocence shock-cuff state-appeal |
Where a state's highest criminal court finds constitutional error but holds the record on direct appeal is insufficient to require reversal, does due … |
| 21-1080 |
Jacky Scott Garrett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-02-04 |
Denied |
|
capital-murder constitutional-review extraneous-offense-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudicial-error standard-of-review strategic-decision trial-strategy |
Whether trial counsel's inadvertent act was 'strategic' |
| 21-7061 |
John Lezell Balentine v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-02-04 |
Denied |
IFP |
capital-defendant capital-sentencing circuit-split due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence schriro-v-landrigan sentencing trial-counsel |
Under Schriro v. Landrigan, does a capital defendant forfeit his right to allege trial counsel's ineffectiveness for failing to adequately investigate… |
| 21-7055 |
Eugene Willis v. United States |
Eleventh Circuit |
2022-02-03 |
Denied |
Response WaivedIFP |
brandishing carjacking carjacking-statute criminal-intent due-process-rights firearm ineffective-assistance ineffective-assistance-of-counsel intent judgment-of-acquittal jury-instructions statutory-interpretation |
Whether an attorney was ineffective for failing to argue the government failed to prove intent under 18 U.S.C. § 2119(a) |
| 21-7018 |
Jose Fuentes v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-02-01 |
Denied |
IFP |
character-evidence criminal-procedure deposition due-process ineffective-assistance ineffective-assistance-of-counsel insanity-defense medical-records subpoena trial-counsel witness-testimony |
Was counsel's failure to subpoena an important witness considered ineffective assistance of trial counsel? |
| 21-7033 |
Oscar Alvarado v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. |
Third Circuit |
2022-02-01 |
Denied |
Response WaivedIFP |
appellate-review co-defendant-statement confrontation-clause harmless-error ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sufficiency-of-evidence |
Whether the Sixth Amendment Confrontation Clause was violated |
| 21-7012 |
Jessica Ewing v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-01-31 |
Denied |
IFP |
burden-of-proof counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel innocence judicial-discretion plea-agreement plea-bargaining post-conviction |
Whether the previous court erred in denying Ms. Ewing's motion based on its own merits determination of her ineffective assistance of counsel claim |
| 21-6986 |
John Atlas, Jr. v. Patrick Covello, Warden |
Ninth Circuit |
2022-01-27 |
Denied |
Response WaivedIFP |
criminal-street-gang criminal-threats due-process ineffective-assistance intent life-sentence mental-state mental-state-defense schizophrenia trial-counsel |
Whether Petitioner John Atlas, Jr. stated a prima facie case of ineffective-assistance-of-counsel |
| 21-6988 |
Paul E. Pavulak v. Warden, FMC Butner |
Ninth Circuit |
2022-01-27 |
Denied |
Response WaivedIFP |
28-U.S.C-§-2241 28-U.S.C-§-2255(e) federal-prisoner habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan postconviction-review section-2241 section-2255 |
May a federal prisoner seeking review of a defaulted claim of ineffective assistance of trial counsel seek postconviction review under 28-U.S.C-§-2241… |
| 21-1042 |
David Minnick v. Dan Winkleski, Warden |
Seventh Circuit |
2022-01-26 |
Denied |
Response Waived |
criminal-procedure defense-counsel direct-appeal guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel reasonableness-inquiry sentencing strickland-standard strickland-v-washington |
Whether the 'reasonableness' standard for assessing deficient performance of defense counsel under Strickland-v-Washington,-Hill-v-Lockhart permits a … |
| 21-1044 |
Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. v. James Nathaniel Bryant, III |
Fourth Circuit |
2022-01-26 |
Denied |
|
capital-punishment capital-sentencing due-process fact-finding federal-review habeas-corpus ineffective-assistance state-court-deference |
In review of a claim fully adjudicated in state court, did the district court violate 28-usc-2254, finality, federalism |
| 21-6955 |
Erica Umbay v. United States |
Ninth Circuit |
2022-01-25 |
Denied |
Response WaivedIFP |
appeal-rights criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interstate-commerce plea-bargaining plea-withdrawal sentencing-guidelines |
Whether a Criminal Defendant Can Withdraw a Plea Under Federal Rule of Criminal Procedure 11(b)(8) if the Plea Lacked an Adequate Factual Basis? |
| 21-6912 |
Jamar Jones v. United States |
Seventh Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
appellate-review cell-phone-data constitutional-rights counsel-performance criminal-procedure fourth-amendment fourth-amendment-jurisprudence ineffective-assistance plea-withdrawal privacy reasonable-expectation-of-privacy search-and-seizure |
Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable … |
| 21-6917 |
Joseph Earl Clark, II v. Shawn Lindsey Britt, et al. |
Fourth Circuit |
2022-01-20 |
Denied |
IFP |
42-usc-1983 civil-rights collateral-estoppel constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction-relief sentencing-mitigation standing |
Whether the petitioner's civil rights were violated by state prison officials |
| 21-6931 |
Tom Iles White, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-01-20 |
Denied |
Relisted (2)IFP |
constitutional-rights constitutional-violation due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-testify structural-error |
Defendant's right to testify in habeas corpus proceeding |
| 21-1016 |
Andrew Huy Chrostowski v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2022-01-19 |
Denied |
Response Waived |
constitutional-rights criminal-defense cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health plea-bargaining psychiatric-examination right-to-present-defense |
Did trial counsel's failure to make a constitutionally adequate inquiry into viable defenses deprive the petitioner of his right to present 'full and … |
| 21-6899 |
John B. Alberts v. Grady Perry, Warden |
Sixth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
automobile-exception container criminal-procedure fourth-amendment ineffective-assistance ineffective-assistance-of-counsel laptop-computer laptop-evidence private-property search-and-seizure |
Whether Trial Counsel was Ineffective for Failing to Move to Suppress Computer Evidence on the Ground that a Search Pursuant to the Automobile Excepti… |
| 21-6901 |
Wilbert Mathes v. United States |
Fifth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
appellate-counsel certificate-of-appealability criminal-procedure drug-quantity drug-quantity-enhancement evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel leadership-enhancement sentencing sentencing-errors |
Whether the Fifth Circuit's denial of a certificate of appealability |
| 21-6871 |
Alan Price v. Florida |
Florida |
2022-01-14 |
Denied |
IFP |
collateral-review criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance McCoy-retroactivity mccoy-v-louisiana montgomery-v-louisiana retroactivity right-to-counsel substantive-rule |
Whether McCoy v. Louisiana, 138 S. Ct 1500 (2018), adopts a new substantive rule that applies retroactively to cases on collateral review? |
| 21-6874 |
Joshua Britt v. United States |
Eighth Circuit |
2022-01-14 |
Denied |
Response WaivedIFP |
28-usc-2255 blackledge-v-allison counsel-misadvice dilang-dat-v-united-states due-process eighth-circuit-review evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief section-2255-motion |
Whether the United States Court of Appeals for the Eighth Circuit erred in Affirming the conviction |
| 21-6846 |
Juan Jose Reynoso v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-01-13 |
Denied |
IFP |
certificate-of-appealability fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mitigation-evidence prejudice sixth-circuit supervisory-power tenth-circuit trial-counsel |
Whether the Fifth Circuit has departed from the accepted course of judicial proceedings |
| 21-6817 |
Rufus B. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-01-12 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment stand-your-ground victim-deposition |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability |
| 21-6828 |
James Jonathan Mitchell v. Florida |
Florida |
2022-01-12 |
Denied |
IFP |
appellate-procedure collateral-relief due-process equal-protection gideon-v-wainwright habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-procedure |
Does it tonsure (shear) due process & equal protection for the State (Florida) to summarily 'dismiss as unauthorized' a prison Petitioner's is State w… |
| 21-6812 |
Manuel Gerardo Velasquez v. United States |
Fifth Circuit |
2022-01-11 |
Denied |
Response WaivedIFP |
certificate-of-appealability district-court-hearing due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper life-sentence |
Whether the Fifth Circuit erred in refusing to grant a certificate of appealability when the record showed Velasquez received ineffective assistance o… |
| 21-6813 |
Ronald Charles Washington v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-01-11 |
Denied |
IFP |
civil-rights constitutional-violation due-process equitable-tolling habeas habeas-corpus ineffective-assistance rule-60(b) rule-60b standing |
Did U.S. District Court and/or Fifth Circuit err by misconstruing Rule 60(b) as a federal habeas and time-barring petition without allowing equitable … |
| 21-6797 |
In Re Lawrence Earl Wilson |
|
2022-01-10 |
Dismissed |
Response WaivedIFP |
constitutional-deprivation criminal-procedure critical-stage due-process equitable-tolling exceptional-case habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel |
Whether a person denied counsel at a critical stage and received ineffective assistance on first appeal has been unconstitutionally deprived of libert… |
| 21-6801 |
In re Johnny McMahon |
|
2022-01-10 |
Denied |
IFP |
constitutional-rights due-process equal-protection evidentiary-hearing extrinsic-fraud fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-fair-trial |
Whether the Ninth Circuit erred in denying a second or successive petition on the petitioner's claims of due-process, equal-protection, ineffective-as… |
| 21-6776 |
Wesley R. Carey v. Illinois |
Illinois |
2022-01-07 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance michigan-v-mosley post-conviction-relief self-incrimination state-court-decision |
Has the State of Illinois altered a decision in conflict with the decision in United States Supreme Court case, Michigan v. Mosley, thereby, violating… |
| 21-6779 |
Troy Allen Hite v. Michigan |
Michigan |
2022-01-07 |
Denied |
IFP |
14th-amendment 6th-amendment constitutional-violation criminal-procedure critical-stage due-process ineffective-assistance ineffective-assistance-of-counsel michigan-state-courts procedural-default right-to-counsel |
Is-certiorari-appropriate-where-Michigan-state-courts-refused-to-address-petitioner's-denial-of-his-constitutional-right-to-counsel |
| 21-6752 |
Franklin McPherson v. William Keyser, Jr., Superintendent, Sullivan Correctional Facility |
Second Circuit |
2022-01-04 |
Denied |
IFP |
AEDPA-deference cause-and-prejudice circuit-split de-novo-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default |
Does de novo review or AEDPA deference apply when a habeas petitioner advances a claim of ineffective assistance of counsel as cause to excuse a proce… |
| 21-950 |
Ker'Sean Olajuwa Ramey v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-12-29 |
Denied |
|
28-usc-2254 batson-claim batson-v-kentucky certificate-of-appealability fifth-circuit ineffective-assistance martinez-trevino peremptory-strike racial-bias |
In rejecting Ramey's claim for relief under Batson v. Kentucky, did the Fifth Circuit decide an important federal question in a way that conflicts wit… |
| 21-946 |
Michael Coscia v. United States |
Seventh Circuit |
2021-12-28 |
Denied |
Response Waived |
28-U.S.C-2255 adversely-affected conflict-of-interest Cuyler-v-Sullivan-446-U.S-335-1980 evidentiary-hearing ineffective-assistance Machibroda-v-United-States-368-U.S-487-1962 section-2255 supreme-court-precedent trial-counsel |
Whether a petitioner is entitled to an evidentiary hearing under 28-U.S.C-2255 to resolve his claim under Cuyler-v-Sullivan-446-U.S-335-1980 |
| 21-6716 |
Fernando Romero v. Neil McDowell, Warden |
Ninth Circuit |
2021-12-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion counsel-appointment district-court-discretion expert-opinion ineffective-assistance investigation pro-se right-to-counsel state-court-claim |
Whether the district court abused its discretion by denying petitioner's motion to appoint counsel |
| 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… |
| 21-6727 |
Zane Dickinson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-12-23 |
Denied |
Response WaivedIFP |
deficient-performance direct-appeal habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel legal-preservation prejudice prejudice-standard reasonable-probability trial-counsel |
Whether a federal habeas petitioner whose trial counsel performed deficiently by failing to preserve a meritorious issue for appeal satisfies the prej… |
| 21-938 |
Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. v. Sammie Louis Stokes |
Fourth Circuit |
2021-12-23 |
GVR |
Relisted (2) |
capital-punishment fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence prejudice-analysis procedural-default strategic-decision strickland-standard strickland-v-washington |
Whether the Fourth Circuit violated Strickland v. Washington in its prejudice analysis |
| 21-6698 |
In Re Carlton West II |
|
2021-12-22 |
Denied |
IFP |
due-process equitable-rule equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule prisoner-rights procedural-default standing trevino-precedent |
When and where can prisoners use the equitable rule announced in Martinez v. Ryan and Trevino v. Thaler? |
| 21-6702 |
Oscar Porter v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
28-usc-2254 alibi-witness alibi-witnesses criminal-trial eyewitness-identification eyewitness-testimony habeas-corpus identification ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether trial counsel violated the Sixth Amendment by prejudging and excluding close friends and family as alibi witnesses |
| 21-6693 |
Joey Rogers v. Louisiana |
Louisiana |
2021-12-21 |
Denied |
Response RequestedResponse WaivedRelisted (8)IFP |
constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competence plea-bargaining plea-coercion sentencing sixth-amendment |
Were the Due Process rights of Joey Rogers ignored? |
| 21-6695 |
John Scott Cramer v. Missouri |
Missouri |
2021-12-21 |
Denied |
Response WaivedIFP |
collateral-consequences counsel-advice criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel parole parole-eligibility sixth-amendment |
Whether the Sixth Amendment protects criminal defendants who rely on defective advice from counsel regarding critical, non-deportation collateral cons… |
| 21-911 |
Dan V. Sharp v. United States |
Fifth Circuit |
2021-12-21 |
Denied |
Response Waived |
confrontation-clause constructive-possession criminal-procedure double-jeopardy due-process firearms-offense ineffective-assistance joinder motion-to-suppress severance |
Whether the Court erred in failing to sever the counts by date |
| 21-6673 |
John Beatty v. Ohio |
Ohio |
2021-12-20 |
Denied |
IFP |
appellate-counsel appellate-procedure constitutional-rights criminal-jurisdiction due-process evitts-v-lucey ineffective-assistance ineffective-assistance-of-counsel smith-v-murray strickland-standard strickland-v-washington |
Is the standards set forth in Smith v. Murray, 477 U.S. 527, 536 (1986) and Evitts v. Lucey, 469 U.S. 387, 396 (1985) the more appropriate test for ap… |
| 21-6681 |
Eric Michael Crapser v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-12-20 |
Denied |
IFP |
circuit-split criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions lesser-included-offense sixth-amendment strickland-standard strickland-v-washington |
Whether the Court should resolve the clear circuit split on whether Strickland-v-Washington prohibits a criminal defendant from obtaining relief due t… |
| 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… |
| 21-6649 |
Paul J. Hultman v. Daniel Paramo, Warden |
Ninth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance juror-misconduct presumption-of-prejudice sixth-amendment |
Were the Sixth and Fourteenth Amendments violated when a juror admitted viewing unadmitted evidence during deliberations and stated that her verdict w… |
| 21-6651 |
Laqunn Gary v. Mississippi |
Mississippi |
2021-12-17 |
Denied |
Response WaivedIFP |
due-process fair-trial federal-constitutional-rights federal-issues federal-treaties ineffective-assistance post-conviction-relief state-procedural-bar state-procedural-bars |
Whether Miss. Code Ann. 99-39-21 was unreasonably used to bar the petitioner's fundamental issues of severe importance that revolve around federal tre… |
| 21-6664 |
Robert Breest v. John M. Formella, Attorney General of New Hampshire |
First Circuit |
2021-12-17 |
Dismissed |
Response WaivedRelisted (2)IFP |
appellate-review constitutional-error due-process habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt sullivan-v-louisiana |
Did the First Circuit err in denying Robert Breest relief from judgment pertaining to the First Circuit's 1981 holding in Breest v. Perrin, 655 F.2d 1… |
| 21-6637 |
Kenan Ivery v. Ohio |
Ohio |
2021-12-16 |
Denied |
IFP |
appellate-procedure application-for-reopening due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jury-instructions ohio-law procedural-dismissal state-court-of-appeals |
Is a petitioner denied due-process and equal-protection when the state-court-of-appeals procedurally-dismisses his application-for-reopening |
| 21-6606 |
Akil Tymes v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-12-14 |
Denied |
IFP |
counsel-communication criminal-procedure duty-to-communicate favorable-plea-offer ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining sixth-amendment strickland-standard strickland-v-washington |
Does counsel perform deficiently in failing to fully inform a defendant during the plea bargaining process? |
| 21-6607 |
In Re Andrew Thomas Burns, Sr. |
|
2021-12-14 |
Denied |
IFP |
constitutional-rights due-process ineffective-assistance pro-se pro-se-representation right-to-counsel sixth-amendment structural-error trial-court-error waiver-inquiry |
Did the trial court's failure to conduct an affirmative waiver inquiry prior to ordering petitioner to proceed pro se at trial, deny petitioner of his… |
| 21-6580 |
Kevin Johnson v. Troy Steele, Warden |
Eighth Circuit |
2021-12-13 |
Denied |
IFP |
appellate-review batson-claim Batson-v-Kentucky capital-habeas capital-punishment certificate-of-appealability certificates-of-appealability eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel Martinez-v-Ryan |
Does the Eighth Circuit's practice of issuing unexplained blanket denials of certificates of appealability in capital habeas cases conflict with 28-U.… |
| 21-6567 |
Dion Brown v. Illinois |
Illinois |
2021-12-09 |
Denied |
IFP |
criminal-defense fourteenth-amendment home-invasion ineffective-assistance ineffective-assistance-of-counsel prior-inconsistent-statement reasonable-doubt reasonable-investigation sixth-amendment |
Whether the Petitioner's trial attorney was ineffective |
| 21-6547 |
Richard Lynn Long, Jr. v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-12-08 |
Denied |
Response WaivedIFP |
competency competency-evaluation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health plea-agreement right-to-counsel |
Did the Fifth Circuit Court of Appeal err in deferring to the state court finding that Mr. Long was not prejudiced by his trial counsel's failure to n… |
| 21-6536 |
In Re Michael Robert Everett |
|
2021-12-07 |
Denied |
IFP |
5th-amendment civil-rights clearly-established-law due-process evidence federal-habeas-corpus ineffective-assistance post-conviction-relief state-court-record suppression-hearing unreasonable-determination |
Whether counsel was ineffective for failing to present to the court during suppression hearing evidence that the petitioner seeks to raise when invoki… |
| 21-6481 |
General Grant Wilson v. Wisconsin |
Wisconsin |
2021-12-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel prejudice standing third-party-perpetrator wisconsin-law |
Whether the limitations that Wisconsin places on a criminal defendant seeking to introduce evidence are consistent with the Due Process Clause |
| 21-6437 |
J. S. v. Kansas |
Kansas |
2021-11-30 |
Denied |
Response WaivedIFP |
appeal constitutional-rights due-process effective-counsel fourteenth-amendment ineffective-assistance right-to-appeal sixth-amendment |
Did J.S. have a Fourteenth Amendment right to be advised by the Court of his right to appeal? |
| 21-6442 |
Armando Cardon-Cortez, aka Vatto v. United States |
Eleventh Circuit |
2021-11-29 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction |
Ineffective assistance of counsel |
| 21-6409 |
Stephen Harmer v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
attorney automatic-reversal conflict-of-interest criminal-procedure defendant due-process holloway-doctrine ineffective-assistance judicial-inquiry sixth-amendment trial-judge |
Does Holloway demand automatic reversal when a trial judge fails to inquire into a known conflict that a defendant could not object to because his att… |
| 21-6374 |
Howard Paul Guidry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-11-23 |
Denied |
IFP |
certificate-of-appealability confrontation-clause confrontation-rights exculpatory-evidence fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default racial-discrimination |
Whether the Fifth Circuit improperly addressed the merits of the habeas claims |
| 21-6378 |
Severo Garcia-Meza v. United States |
Sixth Circuit |
2021-11-23 |
Denied |
Response WaivedIFP |
administrative-law board-of-immigration-appeals civil-rights compassionate-release cruel-and-unusual-punishment due-process immigration-law incarceration ineffective-assistance judicial-review sentencing |
Whether a district court has authority to reduce a sentence under 18 U.S.C. 3582(c)(1)(A) when determining a compassionate release motion |
| 21-6346 |
Jason W. Reed v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sexual-predator sexual-predator-designation strickland-standard strickland-v-washington |
Whether counsel's admitted misadvice regarding Petitioner's designation as a sexual predator and the resulting lifetime supervision amounted to gross … |
| 21-6375 |
Thomas Dudney v. Jeff Macomber, Warden |
Ninth Circuit |
2021-11-22 |
Denied |
IFP |
certificate-of-appealability confrontation-clause due-process exculpatory-evidence hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel perjury sixth-amendment |
Whether the Court of Appeals improperly denied a Certificate of Appealability |
| 21-6351 |
Holly Harvey v. Georgia |
Georgia |
2021-11-19 |
Denied |
Response WaivedIFP |
appeal appellate-procedure civil-rights constitutional-challenge constitutional-law due-process ineffective-assistance judicial-review legal-standard standing |
Whether the right to a direct appeal can be waived, diminished or abandoned due to a silent record? |
| 21-750 |
Jasper Knabb v. United States |
Ninth Circuit |
2021-11-19 |
Denied |
Response Waived |
28-usc-2255 criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing sentencing-guidelines |
Whether petitioner received ineffective assistance of counsel |
| 21-6270 |
Catherine Pileggi v. Florida |
Florida |
2021-11-15 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel postconviction postconviction-relief state-court state-court-procedure |
Whether the due process clause requires a state court to accept unrebutted factual allegations without an evidentiary hearing |
| 21-6252 |
Ryder Shane Altman v. United States |
Fifth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
appellate-procedure collateral-appeal collateral-review criminal-defendants criminal-procedure fact-finding ineffective-assistance ineffective-assistance-of-counsel pro-se |
Whether federal criminal defendants presenting substantial claims of ineffective assistance of counsel should receive the benefit of additional fact-f… |
| 21-6258 |
Ramiro Romero v. Texas |
Texas |
2021-11-12 |
Denied |
IFP |
andrus-v-texas appellate-review civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel investigation strickland strickland-standard |
Whether an attorney's failure to interview a defendant's requested witnesses due to a mistaken assumption of adversity constitutes a deficient investi… |
| 21-6236 |
L. B. Joseph v. Illinois |
Illinois |
2021-11-10 |
Denied |
IFP |
constitutional-rights conviction-reversal criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance post-conviction-relief reasonable-doubt testimony |
Was the defendant given a fair trial? |
| 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? |
| 21-6202 |
Charles Gregory Clark v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2021-11-09 |
Denied |
IFP |
capital-murder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan shackling shackling-claim specific-intent strickland-standard strickland-v-washington |
Whether the trial court's requirement that Charles Gregory Clark be visibly restrained during his entire capital murder trial without a hearing and ne… |
| 21-6196 |
I. A. v. Kansas |
Kansas |
2021-11-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal civil-rights constitutional-law criminal-procedure due-process fourteenth-amendment ineffective-assistance legal-representation right-to-appeal standing |
Did I.A. have a Fourteenth Amendment right to be informed of his right to appeal? |
| 21-6203 |
Michael Walker v. Josh Shapiro, Attorney General of Pennsylvania, et al. |
Third Circuit |
2021-11-05 |
Denied |
IFP |
actual-innocence certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mcquiggin-v-perkins rule-60(b)(6) strickland-v-washington trial-counsel |
Whether the Third Circuit erred in holding that a petitioner asserting actual innocence in a Rule 60(b)(6) motion was not entitled to relief on the ba… |
| 21-6188 |
Johnathan Andrew Doody v. Arizona |
Arizona |
2021-11-04 |
Denied |
Response WaivedIFP |
attorney-withdrawal coercion constitutional-rights criminal-procedure ineffective-assistance involuntary-confession right-to-testify |
Whether Doody was denied his right to testify |
| 21-6157 |
Christopher Coker, aka Christopher Forman v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. |
Third Circuit |
2021-11-03 |
Denied |
Response WaivedIFP |
default-rule due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review martinez-exception martinez-v-ryan pcra post-conviction-relief standing trial-procedure |
Did Trial Judge failed to rule on meritorious issues? |
| 21-6134 |
Victor Rosales v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-11-02 |
Denied |
Relisted (2)IFP |
certificate-of-appealability collateral-proceedings collateral-review constitutional-right constitutional-rights direct-appeal douglas-v-california due-process evitts-v-lucey indigent-prisoner ineffective-assistance ineffective-assistance-of-counsel |
Does a Texas prisoner have a constitutional right to appointment of effective assistance of counsel in collateral proceedings |
| 21-6151 |
Gary DuBose Terry v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2021-11-02 |
Denied |
IFP |
civil-rights due-process habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan post-conviction-review summary-judgment trial-counsel |
Whether a federal habeas court may summarily dismiss a petition alleging a substantial but defaulted claim of ineffective assistance of trial counsel … |
| 21-6152 |
Keith Arthur Vinson v. United States |
Fourth Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
6th-amendment certificate-of-appealability counsel-performance criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain sixth-amendment |
Did the Court of Appeals err in denying a certificate of appealability over trial counsel's potential ineffectiveness in the plead-vs-trial decision? |
| 21-6074 |
Nikolas Gacho v. Illinois |
Illinois |
2021-11-01 |
Denied |
IFP |
criminal-procedure due-process ineffective-assistance plea-admonishment plea-negotiations prejudice sixth-amendment |
Does a plea admonishment cure all prejudice and preclude a defendant from challenging counsel's representation during the plea negotiations process? |
| 21-6126 |
Jason A. Tobey v. United States |
Ninth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure ineffective-assistance judicial-discretion pretrial-hearing right-to-counsel sixth-amendment trial-continuance |
When a federal criminal defendant's retained counsel has abandoned him, does a court abuse its discretion by prohibiting the defendant from dischargin… |
| 21-619 |
Hugo Reyes-Morales v. Maryland |
Maryland |
2021-10-27 |
Denied |
Response Waived |
criminal-defense criminal-procedure due-process immigration-consequences ineffective-assistance padilla-v-kentucky plea-bargaining sixth-amendment strickland-standard strickland-v-washington |
Ineffective-assistance-of-counsel |
| 21-6082 |
Craig D. Miller v. Illinois |
Illinois |
2021-10-26 |
Denied |
Response WaivedIFP |
appellate-review fundamental-fairness illinois-post-conviction-statute indigent-defense ineffective-assistance ineffective-assistance-of-counsel reliability-of-proceedings sixth-amendment strickland-standard strickland-v-washington |
Whether the Illinois courts' mechanical, outcome-based approach to the Strickland standard routinely denies indigent defendants their Sixth Amendment … |
| 21-6063 |
Jason William Custer v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al. |
Eighth Circuit |
2021-10-22 |
Denied |
Response WaivedIFP |
5th-6th-14th-amendments due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jury-instructions miranda-rights pauper-defendant postconviction procedural-bar self-defense |
When trial and direct appeal counsel are one and the same, can a pauper defendant's due process rights be undermined when the state refuses to appoint… |
| 21-6024 |
Dudley Allen Hicks v. Florida |
Florida |
2021-10-20 |
Denied |
Response WaivedIFP |
counsel-competence criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel mental-competency post-conviction-relief right-to-counsel sixth-amendment |
What kind of evidence and circumstances must be revealed for a criminal attorney to create a bona fide doubt as to his client's competence to require … |
| 21-6031 |
William Greg Thomas v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2021-10-20 |
Denied |
IFP |
constitutional-rights court-appointed-counsel due-process equitable-tolling federal-review habeas-corpus habeas-review ineffective-assistance |
When a court-appointed CJA counsel sacrificed a petitioner's federal habeas review by intentionally filing an untimely petition, does due-process allo… |
| 21-6001 |
Terence Tramaine Andrus v. Texas |
Texas |
2021-10-19 |
Denied |
Amici (8)Relisted (17)IFP |
capital-case criminal-procedure death-penalty effective-assistance-of-counsel habeas-corpus ineffective-assistance sixth-amendment stare-decisis strickland-v-washington vertical-stare-decisis |
Whether the Texas court rejected this Court's conclusions in Andrus v. Texas and disregarded the Court's express guidance for conducting a prejudice a… |
| 21-5961 |
David K. Horsley v. Ohio |
Ohio |
2021-10-14 |
Denied |
Relisted (2)IFP |
appeal-waiver appellate-procedure constitutional-interpretation criminal-procedure due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel procedural-rule sixth-amendment state-appellate-procedure |
Whether the holding in Garza v. Idaho, 586 U.S. 10 (2019) applies to Ohio App. R. 26(B)(1) which requires a defendant to prove ineffective assistance … |
| 21-5971 |
Adrian Torres v. Warren Montgomery, Warden |
Ninth Circuit |
2021-10-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-trial cumulative-error doyle-error due-process evidence-exclusion ineffective-assistance prosecutorial-misconduct ptsd right-to-present-defense |
Whether trial counsel rendered ineffective assistance by failing to investigate and present a PTSD expert; whether the prosecutor committed misconduct… |
| 21-538 |
Dennis Reagle, Warden v. Roderick V. Lewis |
Seventh Circuit |
2021-10-13 |
Denied |
|
aedpa circuit-court federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel penson-v-ohio sentencing strickland-v-washington supreme-court united-states-v-cronic |
Did the Seventh Circuit misapply 28 U.S.C. § 2254 in holding that the failure to apply Cronic violated 'clearly established Federal law, as determined… |
| 21-5943 |
Brandon Ward v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-10-12 |
Denied |
IFP |
28-usc-2253 appellate-counsel certificate-of-appealability character-evidence ineffective-assistance ineffective-assistance-of-counsel trial-counsel use-of-force witness-testimony |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) |
| 21-5923 |
Deonte Kinwan McCoy v. Michigan |
Michigan |
2021-10-08 |
Denied |
IFP |
constitutional-rights due-process fair-trial ineffective-assistance judicial-fact-finding jury-selection reasonable-doubt sufficiency-of-evidence |
Was the evidence insufficient to convict Mr. McCoy of each offense, and should this court reverse his convictions pursuant to federal and state consti… |
| 21-5925 |
Denworth Davidson v. Thomas Griffin, Superintendent, Green Haven Correctional Facility, et al. |
Second Circuit |
2021-10-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct sixth-amendment |
Whether Petitioner has shown a constitutional violation |
| 21-5921 |
Shikisha Monet Tidmore v. Michigan |
Michigan |
2021-10-06 |
Denied |
IFP |
admissibility constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel law-enforcement-statements legality pre-trial-investigation sixth-amendment trial-counsel voluntariness |
Whether Petitioner's constitutional rights have been violated under the United States Constitution VI Amendment |
| 21-5871 |
Stephret R. Harvey v. Jason Kent, Warden |
Fifth Circuit |
2021-10-05 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review prosecution-bar state-court-record statute-of-limitations time-limitations |
Was counsel's performance deficient when counsel failed to conduct an independent investigation concerning the time limitations once the institution o… |
| 21-5904 |
Joseph Woods v. Donita McIntosh, Superintendent, Clinton Correctional Facility |
Second Circuit |
2021-10-05 |
Denied |
Response WaivedIFP |
civil-procedure due-process fourth-amendment habeas-corpus ineffective-assistance prosecutorial-misconduct search-and-seizure standing |
Can a court render a decision without first deciding on a question of law or fact requested by the petitioner? |
| 21-5906 |
Michael Jerome Pettway v. United States |
Sixth Circuit |
2021-10-05 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights due-process guilty-plea ineffective-assistance notice-of-appeal rule-11 section-924(c) sixth-amendment |
Ineffective-assistance-of-counsel |
| 21-5862 |
Micah Lamb v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-10-04 |
Rehearing |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights due-process fair-trial fraud-on-the-court government-corruption ineffective-assistance judicial-misconduct post-conviction-relief prosecutorial-misconduct standing |
Whether the U.S. District Judge Timothy J. Corrigan and the 11th Circuit Court of Appeals erred in denying petitioner's claims of 'fraud on the court'… |
| 21-5863 |
Jack Anthony Chatman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-10-04 |
Denied |
IFP |
appeals civil-rights constitutional-rights due-process effective-assistance federal-prisoners habeas-corpus ineffective-assistance post-conviction-relief texas texas-law |
Whether the District Court erred in denying petitioners effective assistance of trial counsel claims in cases like Texas, in light of the Supreme Cour… |
| 21-5868 |
Ryan Russell Parks, aka Dinero v. United States |
Fourth Circuit |
2021-10-04 |
Denied |
Response WaivedIFP |
amendment constitutional-rights constructive-amendment criminal-procedure due-process fair-trial indictment ineffective-assistance post-conviction-relief variance |
As the amended charge of 'SQ' (33) a constructive amendment? |
| 21-5883 |
Davon Nelson v. United States |
Fourth Circuit |
2021-10-04 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split collateral-proceeding direct-appeal evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement remand sixth-amendment |
Whether a defendant on direct appeal should receive a remand for an evidentiary hearing upon showing a colorable Sixth Amendment ineffective-assistanc… |
| 21-5841 |
Rafiq Sabir v. United States |
Second Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
arabic-language-expert brady-claim brady-v-maryland district-court-discretion exculpatory-evidence factual-dispute government-suppression ineffective-assistance ineffective-assistance-of-counsel motion-to-amend rule-33 |
Could-reasonable-jurists-debate-whether-the-district-court-abused-its-discretion |
| 21-5786 |
Jerry R. Tippett v. John Myrick, Superintendent, Two Rivers Correctional Institution |
Ninth Circuit |
2021-09-27 |
Denied |
Response WaivedIFP |
cause-and-prejudice free-standing-constitutional-claim habeas ineffective-assistance martinez-v-ryan trial-counsel |
Whether Martinez v. Ryan may be utilized to excuse the default of an ineffective assistance of trial counsel claim in § 2254 habeas proceedings |
| 21-5732 |
In Re Artoska Gillispie |
|
2021-09-23 |
Denied |
IFP |
4th-amendment cell-site-location-information fourth-amendment habeas-corpus ineffective-assistance misidentification personal-location-information probable-cause suggestive-identification warrant |
has-prejudice-been-shown |
| 21-5742 |
Steven Wayne Isbel v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-23 |
Denied |
IFP |
civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standing trial-counsel |
Whether the 3rd Circuit Court of Appeals has entered a decision that is in direct conflict with United States Supreme Court precedent and in conflict … |
| 21-5766 |
Dionte Dortch v. United States |
Eighth Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
5th-amendment criminal-procedure deportation due-process firearm immigration-consequences ineffective-assistance plea-bargaining rico-statute simple-possession |
Whether the Due Process Clause and the 5th Amendment protects the accused from a plea of guilty to material facts of simple possession of cocaine and … |
| 21-444 |
Andre Lee Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-22 |
Denied |
Amici (1)Relisted (22) |
aedpa-deference capital-punishment fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel juror-bias racial-bias schizophrenia supreme-court-precedent voir-dire |
Denial of constitutional rights to impartial jury and effective assistance of counsel |
| 21-5729 |
Frank R. Stevenson v. New York |
New York |
2021-09-22 |
Denied |
Response WaivedIFP |
appellate-review confrontation-clause due-process federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-court-appeals writ-of-error-coram-nobis |
Whether the New York Court of Appeals precedential case, on confrontation violation claims, is contrary to clearly established federal law |
| 21-5745 |
Juan Francisco Turcios v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-22 |
Denied |
IFP |
constitutional-violation due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-appeal right-to-counsel sentencing sentencing-stage trial-counsel |
Was reversible error committed when trial counsel abandoned petitioner during a critical stage of the trial |
| 21-5751 |
Charles Elmer Kovary v. Willis Chapman, Warden |
Sixth Circuit |
2021-09-22 |
Denied |
Response WaivedIFP |
alibi-witness constitutional-rights criminal-procedure dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief trial-counsel witness-testimony |
Was Appellate Counsel Ineffective for Failing to Raise Certain Claims? |
| 21-422 |
Steven Hatton v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-09-20 |
Denied |
Response Waived |
28-usc-2253 appellate-procedure certificate-of-appealability counsel-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-amendment |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his ineffective-assistance-o… |
| 21-5727 |
Frank Cisneros v. United States |
Sixth Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
conspiracy criminal-defense criminal-procedure federal-law ineffective-assistance plea-bargaining sentencing-enhancement statute-of-limitations withdrawal |
Whether an attorney's admitted failure to investigate or present a defendant's affirmative withdrawal from a conspiracy beyond the applicable statute … |
| 21-5689 |
Harold V. Hoskins v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2021-09-17 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sixth-amendment |
Was the petitioner denied his Sixth Amendment right to be represented by counsel? |
| 21-5697 |
Shawn Mayreis v. Bobby Lumpkin, Director, Texas Department of Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-17 |
Denied |
IFP |
constitutional-rights courtroom-closure due-process fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel public-trial right-to-counsel strickland voir-dire |
Whether prejudice can be presumed when counsel's defective advice results in an unlawful and total closure of the courtroom to a defendant's family me… |
| 21-5700 |
Stanley Renard Tilley, Sr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-17 |
Denied |
Response WaivedIFP |
actual-innocence capital-case forensic-pathology habeas-corpus herrera-standard ineffective-assistance ineffective-assistance-of-counsel procedural-default schlup-standard strickland-standard |
actual-innocence,ineffective-assistance-of-counsel,capital-case,forensic-pathology,procedural-default,habeas-corpus |
| 21-5703 |
Mark French v. Frank B. Bishop, Jr., Warden, et al. |
Fourth Circuit |
2021-09-17 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-inquiry right-to-counsel trial-counsel trial-court-discretion |
Is it a constitutional violation when a trial court fails to inquire or address a defendant's written request about his concerns about his trial couns… |
| 21-5686 |
Tobias Soto-Melchor v. United States |
Ninth Circuit |
2021-09-16 |
Denied |
Response WaivedIFP |
controlling-precedent counsel-of-choice ineffective-assistance ninth-circuit ninth-circuit-rule right-to-counsel right-to-counsel-of-choice right-to-effective-assistance-of-counsel sixth-amendment trial-delay |
Proper-standard-for-substituting-retained-counsel |
| 21-5692 |
Thomas George Craaybeek v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-16 |
Denied |
IFP |
14th-amendment 5th-amendment appellate-review civil-rights constitutional-rights due-process ineffective-assistance judicial-procedure legal-review loretto-v-teleprompter takings |
Whether the petitioner was denied due process under the Fourteenth Amendment and the protections of the Takings Clause, as established in Loretto v. T… |
| 21-5683 |
Jerome McBride v. Jeff Nines, Warden, et al. |
Fourth Circuit |
2021-09-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights constitutional-supremacy criminal-procedure due-process federalism habeas-corpus ineffective-assistance post-conviction-relief separation-of-powers standing |
Did the State Division and the Federal-Nutsion unconstitutionally convict, deprive, or breach the Effective Executive (Maryland Statute/U.S. Constitut… |
| 21-397 |
Juan Joe Cano v. Texas |
Texas |
2021-09-13 |
Denied |
Response Waived |
contamination-of-accusations due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel prior-inconsistent-statements procedural-due-process prosecutorial-misconduct sexual-abuse suggestive-questioning witness-impeachment |
Was petitioner denied the effective assistance of counsel? |
| 21-5655 |
Timothy Dean Leners v. Wyoming |
Wyoming |
2021-09-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery due-process effective-counsel ineffective-assistance pro-se-representation prosecutorial-misconduct right-to-appeal sixth-amendment |
Was Defendant's 6th Amend. right to Effective Counsel violated? |
| 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? |
| 21-5613 |
Byron McCollum v. United States |
Eleventh Circuit |
2021-09-08 |
Denied |
Response WaivedIFP |
28-usc-2253c certificate-of-appealability constitutional-rights eleventh-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-review merits-determination slack-v-mcdaniel unauthorized-merits-determination |
Whether the Eleventh Circuit's denial of a Certificate of Appealability can be construed as an unauthorized merits determination |
| 21-5582 |
Marlon Darrel Evans v. Amy Miller, Warden |
Ninth Circuit |
2021-09-07 |
Denied |
Response WaivedIFP |
aedpa aedpa-review due-process eyewitness-identification habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit strickland-standard strickland-v-washington |
Whether the state court unreasonably applied SCOTUS precedents in concluding that trial counsel was not ineffective for failing to challenge an eyewit… |
| 21-5567 |
Damond Dean v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-03 |
Denied |
IFP |
corroborating-evidence criminal-trial due-process ineffective-assistance reasonable-investigation strickland-standard strickland-v-washington therapist-testimony trial-counsel witness-credibility |
Question not identified |
| 21-5577 |
Terry Darnell Anderson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-09-03 |
Denied |
Response WaivedIFP |
circuit-court-split circuit-split cumulative-error cumulative-error-doctrine fair-trial federal-habeas-corpus fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Does the cumulative error doctrine apply to ineffective assistance of counsel claims? |
| 21-345 |
Manpreet Singh v. United States |
Fifth Circuit |
2021-09-02 |
Denied |
Response Waived |
collateral-attack counsel due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-remedy restitution writ-of-error-coram-nobis |
Is there no avenue for a collateral attack on a restitution award that was the result of ineffective assistance of counsel? |
| 21-5565 |
Fortrell Latrae Sain v. United States |
Fifth Circuit |
2021-09-02 |
Denied |
Response WaivedIFP |
constitutional-rights cross-examination discovery-violations due-process government-misconduct habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review procedural-violation sentencing |
Whether the defendant was denied the opportunity to fully cross-examine the key government witness |
| 21-5572 |
Kamau Alan Israel v. United States |
Fifth Circuit |
2021-09-02 |
Denied |
Response WaivedIFP |
competency competency-hearing ineffective-assistance ineffective-assistance-of-counsel insanity-defense mental-illness plea-bargain sentencing sentencing-guidelines strickland-standard strickland-v-washington |
Whether counsel for a person suffering severe mental illness throughout his entire life should have taken minimal steps to investigate his mental illn… |
| 21-5546 |
Fernando Rodriguez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-01 |
Denied |
IFP |
conflict-of-interest counsel-switching due-process effective-assistance-of-counsel fifth-circuit fifth-circuit-review ineffective-assistance prosecutorial-ethics state-court state-legislature |
Whether the Fifth Circuit erred in deferring to the state court's ruling that Mr. Rodriguez was not prejudiced by his counsel switching sides in the s… |
| 21-5558 |
William Paul Langrum, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-01 |
Denied |
IFP |
aedpa aedpa-limitations appeal criminal-procedure habeas-corpus ineffective-assistance investigation pre-trial-investigation presumption-of-prejudice statute-of-limitations strickland-standard |
whether-the-facts-supporting-the-first-and-fourth-grounds-became-or-could-have-become-known-prior-to-the-date-on-which-the-conviction-became-final |
| 21-5561 |
Tyrone Cade v. Texas |
Texas |
2021-09-01 |
Denied |
IFP |
capital-habeas capital-punishment competent-counsel due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment state-responsibilities |
Whether the Fourteenth Amendment's Due Process Clause requires a State to provide capital habeas petitioners one opportunity to present Sixth Amendmen… |
| 21-306 |
Troy Seales v. California |
California |
2021-08-31 |
Denied |
|
counsel-rights criminal-procedure due-process ex-parte-hearing ineffective-assistance right-to-be-present right-to-counsel trial-fairness |
Did the Supreme Court err in failing to rule that the exclusion of Petitioner and his counsel from an ex parte hearing violated Petitioner's rights to… |
| 21-5525 |
Thomas Richardson v. Nevada |
Nevada |
2021-08-31 |
Denied |
IFP |
aggravating-circumstance court-martial death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief rompilla-standard rompilla-v-beard |
Whether the Nevada Supreme Court misapplied the law by failing to examine or analyze the failure of counsel to investigate readily available informati… |
| 21-5500 |
John Richard Smith v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-08-30 |
Denied |
IFP |
certificate-of-appealability constitutional-violation due-process exculpatory-evidence fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether the 5th Circuit Court of Appeal errored in denying petitioner's request for a (C.0.A.) claiming Petitioner failed to state a Constitutional vi… |
| 21-5513 |
Christopher Seckington v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-08-30 |
Denied |
Response WaivedRelisted (2)IFP |
chapman-v-united-states constitutional-law cruel-and-unusual-punishment drug-trafficking eighth-amendment ineffective-assistance sentencing sentencing-guidelines sixth-amendment urine-testing |
Question not identified |
| 21-5515 |
Kenneth Hairston v. Pennsylvania |
Pennsylvania |
2021-08-30 |
Denied |
IFP |
aggravating-factor criminal-procedure death-penalty felony-convictions ineffective-assistance prosecutorial-misconduct victim-impact victim-impact-testimony |
Did trial counsel provide ineffective assistance by failing to object to the prosecutor's improper argument regarding victim impact testimony used to … |
| 21-5519 |
Steven P. BuBenchik, Jr. v. Douglas Fender, Warden |
Sixth Circuit |
2021-08-30 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review civil-rights constitutional-claim due-process exigent-circumstances fourth-amendment ineffective-assistance search-warrant standing warrantless-search |
Whether the Constitution or laws require a trial court to fabricate facts outside sworn testimony to justify a warrantless entry |
| 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 |
| 21-288 |
Lancy White, Jr. v. United States |
Eleventh Circuit |
2021-08-26 |
Denied |
Response Waived |
computer-forensics criminal-procedure cronic-standard e-mail-evidence email-manipulation expert-testimony federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missing-evidence strickland-standard |
Whether trial counsel was ineffective for failing to file proper notice under F.R.Cr.P. 16 to present expert testimony on computer operations and miss… |
| 21-5476 |
In Re William Barret Slade, II |
|
2021-08-25 |
Denied |
IFP |
access-to-courts due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan post-conviction-relief procedural-default sixth-amendment |
Whether the Alabama state courts and the Eleventh Circuit Court of Appeals erred in refusing to apply the Supreme Court's rule in Martinez v. Ryan |
| 21-5453 |
Charles J. Senke v. United States |
Third Circuit |
2021-08-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion circuit-split collateral-review criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel right-to-counsel strickland-standard substitution-of-counsel |
Whether a district court's failure to inquire into an indigent defendant's colorable motion for substitution of counsel is cognizable on direct appeal… |
| 21-256 |
Bilal Hamid Love v. United States |
Fifth Circuit |
2021-08-23 |
Denied |
Response Waived |
criminal-procedure due-process federal-sentencing-guidelines ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-guidelines strickland-standard |
Is defense counsel required to provide an estimate of potential guideline sentence when advising defendant on pleading guilty? |
| 21-5446 |
Robert Carter v. Bernadette Mason, Superintendent, State Correctional Institution at Retreat, et al. |
Third Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel maximum-penalty plea-bargaining sentencing third-degree-murder trial-counsel |
Whether trial counsel adequately and effectively assisted petitioner in deciding whether to accept a plea offer |
| 21-5447 |
Nicholas Edwards v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al. |
Third Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure due-process identification-evidence ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice procedural-default sixth-amendment |
Whether the U.S. Court of Appeal erred in not finding petitioner was not prejudiced by trial counsel's failure |
| 21-5451 |
John M. Wasson v. United States |
Ninth Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
appeal criminal-procedure criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions legal-counsel mining-claim right-to-counsel |
Was defendant provided adequate counsel? |
| 21-5419 |
Dilang Dat v. United States |
Eighth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
criminal-defense criminal-plea deportation deportation-consequences due-process-advice immigration-consequences ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-united-states strickland-test |
Does trial counsel advising a criminal defendant that he 'could' be deported for entering a guilty plea breach trial counsel's duty to give 'clear and… |
| 21-5420 |
Naim Rasool Muhammad v. Texas |
Texas |
2021-08-20 |
Denied |
IFP |
burden-of-proof capital-case constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice preponderance-of-the-evidence strickland-standard strickland-v-washington texas-court-of-criminal-appeals |
Whether the Texas Court of Criminal Appeals erred in denying Naim Rasool Muhammad's claim of ineffective assistance of counsel under Strickland v. Was… |
| 21-5431 |
Jereme Eugene Mackey v. United States |
Fourth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure drug-conspiracy drug-crimes due-process ineffective-assistance ineffective-counsel pre-trial-custody sentencing sentencing-reasonableness statutory-interpretation |
Whether the district court erred in finding the appellant guilty due to ineffective counsel |
| 21-5439 |
Michael Geoffrey Peters v. Bobby Lumpkin. Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-08-20 |
Denied |
IFP |
brady-evidence constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct jurisdiction jury-selection trial-procedure |
Whether I am guilty on Count No.1 of the indictment |
| 21-5389 |
Juan J. Martinez v. Texas |
Texas |
2021-08-18 |
Denied |
IFP |
admissible-evidence collateral-proceedings constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance probable-cause right-to-counsel search-and-seizure trial-counsel |
Whether the petitioner received ineffective assistance of trial counsel in excluding otherwise admissible evidence? |
| 21-5394 |
Michael Nathaniel Boyd v. United States |
Sixth Circuit |
2021-08-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation due-process evidence-suppression false-evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-and-seizure search-warrant |
Whether the court should grant certiorari, vacate the circuit's ruling, and demand further consideration in light of Strickland v. Washington and Napu… |
| 21-5395 |
In Re Christopher Burgess |
|
2021-08-18 |
Denied |
IFP |
28-usc-2255 actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mail-room-delay time-bar |
Should a 28 U.S.C. § 2255 be entertained under less stringent conditions if it contains both 'actual-innocence' and 'ineffective-assistance-of-counsel… |
| 21-225 |
Ashley Mere Howard v. Texas |
Texas |
2021-08-16 |
Denied |
Response RequestedRelisted (2) |
credibility-determinations criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining plea-withdrawal |
Whether the state court's decision conflicts with Lafler v. Cooper |
| 21-5378 |
Anthony Kirkland v. Ohio |
Ohio |
2021-08-16 |
Denied |
IFP |
appellate-counsel appellate-procedure capital-punishment constitutional-rights due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Is a capital sentence invalid when the prosecutor leads the jury to believe the judge has already decided the defendant should be sentenced to death? |
| 21-5375 |
Douglas Coley v. Ohio |
Ohio |
2021-08-13 |
Denied |
IFP |
collateral-review counsel-abandonment death-penalty death-row-rights due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-review right-to-counsel trial-court-duty trial-court-management |
Can a state provide a rational basis to deny a death row prisoner his right to the state's first collateral, conviction, review process, where the pri… |
| 21-5360 |
Danta Omar Roberts v. United States |
Fourth Circuit |
2021-08-12 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal fourth-amendment fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-representation procedural-review standard-of-review trial-counsel |
Whether the Fourth Circuit erred by ruling that the record did not conclusively demonstrate any deficiencies in trial counsel's representation, and Mr… |
| 21-5347 |
Damantae Graham v. Ohio |
Ohio |
2021-08-11 |
Denied |
IFP |
capital-punishment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-selection racial-bias racial-prejudice sixth-amendment voir-dire |
Is capital appellate counsel ineffective under the Sixth and Fourteenth Amendments when they do not raise that both the trial court and trial defense … |
| 21-166 |
Leonel Cervantes-Meraz v. Oregon |
Oregon |
2021-08-05 |
Denied |
Response Waived |
criminal-defense criminal-plea fourteenth-amendment immigration immigration-consequences ineffective-assistance padilla padilla-precedent sixth-amendment |
Did the State of Oregon violate the Petitioner's right to effective assistance of counsel guaranteed him by the Sixth and Fourteenth Amendment of the … |
| 21-5288 |
Cornelius L. Jones v. Illinois |
Illinois |
2021-08-04 |
Denied |
IFP |
civil-procedure constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review post-conviction post-conviction-review standing writ-of-certiorari |
Whether the post-conviction pleadings were sufficient |
| 21-5294 |
Wilshaun King v. Mike Brown, Acting Warden |
Sixth Circuit |
2021-08-04 |
Denied |
Response WaivedIFP |
autopsy-report confrontation-clause criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner plea-bargaining plea-offer right-to-counsel sixth-amendment |
Sixth Amendment right to effective assistance of counsel for plea offers during jury deliberations |
| 21-5295 |
Anthony D. Jones v. Michelle Floyd, Warden |
Sixth Circuit |
2021-08-04 |
Denied |
Response WaivedIFP |
administrative-law appellate-counsel civil-rights constitutional-rights due-process equal-protection ineffective-assistance jurisdiction legal-representation sixth-amendment standing |
Whether the lower court erred in its application of the relevant legal standards |
| 21-5276 |
William H. Bransford v. Dan Winkelski, Warden |
Seventh Circuit |
2021-08-03 |
Denied |
Response WaivedIFP |
aedpa-standard appellate-counsel civil-commitment dna-evidence due-process habeas-corpus indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-bargaining |
When does constructive abandonment by appointed appellate attorney occur during direct appeal? |
| 21-5247 |
Wallace Hammerle v. Dylon Radtke, Warden |
Seventh Circuit |
2021-07-29 |
Denied |
Response WaivedIFP |
change-of-venue constitutional-rights dna-testing due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel innocence judicial-review venue-change |
Question not identified |
| 21-5253 |
John David Wilson, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-07-29 |
Dismissed |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process equal-protection fair-trial habeas-corpus ineffective-assistance post-conviction-relief sentencing statutory-interpretation |
Whether the petitioner's due process rights were violated by the imposition of an enhanced sentence under Florida's 10-20-life statute |
| 21-5257 |
Jermaine Latwone Haynes v. Willis Chapman, Warden |
Sixth Circuit |
2021-07-29 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial ineffective-assistance self-defense sentencing-mitigation |
Was Petitioner Denied His Constitutional Right To The Effective Assistance Of Counsel and A Fair Trial Proceeding |
| 21-5236 |
Manvester Evans, III v. Georgia |
Georgia |
2021-07-28 |
Denied |
IFP |
abandonment-of-counsel appellate-review constitutional-rights criminal-trial due-process effective-assistance-of-counsel ineffective-assistance out-of-time-appeal right-to-appeal right-to-counsel trial-court-discretion |
Whether the defendant's due process right to appeal was violated when the state of Georgia denied his right to file an out-of-time appeal? |
| 21-5239 |
Kevin A. Craig v. O'Bell T. Winn, Warden |
Sixth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
appellate-counsel certificate-of-appealability district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-circuit sixth-circuit-court-of-appeals trial-counsel |
Did the sixth circuit court of appeals clearly err in its denial of petitioner's request for a certificate of appealability, when it assessed petition… |
| 21-107 |
Edward Thomas Kendrick, III v. Mike Parris, Warden |
Sixth Circuit |
2021-07-27 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
actual-innocence constitutional-review constitutional-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default strickland-standard strickland-v-washington |
Was counsel's performance deficient, and did the courts below apply the right standard? |
| 21-5218 |
Courtney Robinson v. Florida, et al. |
Eleventh Circuit |
2021-07-27 |
Denied |
IFP |
civil-rights constitutional-violation due-process equal-protection federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review manifest-injustice procedural-default |
Whether the petitioner was denied the same review of the game law that was applied to a similarly situated defendant by the state district court of ap… |
| 21-5226 |
Faryion Edward Wardrip v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-27 |
Denied |
IFP |
criminal-procedure death-penalty habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review strickland-standard strickland-v-washington unreasonable-factual-determinations |
Whether Faryion Wardrip's trial counsel was ineffective under Strickland v. Washington |
| 21-5166 |
Leobardo Valladares v. Craig Koenig, Warden |
Ninth Circuit |
2021-07-22 |
Denied |
Response WaivedIFP |
criminal-procedure cumulative-error due-process evidentiary-hearing first-degree-murder ineffective-assistance jury-instructions reasonable-doubt standard-of-proof sufficiency-of-evidence |
Did the Prosecution Fail to Prove Beyond a Reasonable Doubt That Valladares Committed First Degree Murder? |
| 21-5181 |
Gerald Patrick Thomas, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-22 |
Denied |
IFP |
collateral-review federal-review habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan retroactivity teague-bar teague-v-lane trevino-v-thaler |
Does Teague v. Lane bar Federal Habeas court from reviewing the merits of an ineffective assistance of trial counsel claim because Martinez v. Ryan an… |
| 21-5145 |
Richard Demon Donaldson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-21 |
Denied |
IFP |
6th-amendment certificate-of-appealability constitutional-claim due-process habeas-corpus ineffective-assistance sixth-amendment state-court-deference statutory-interpretation |
Whether the court of appeals erred and abused its discretion in refusing and/or declining to issue a certificate of appealability |
| 21-5152 |
Lewis R. Fox v. Ohio |
Ohio |
2021-07-21 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-question criminal-defense criminal-procedure expert-witness expert-witnesses ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-relief res-judicata |
Whether a trial counsel is to be considered incompetent when s/he fails to consult with their client (the criminal defendant) about their financial ad… |
| 21-5161 |
Jamar J. Draper v. Jimmy Martin, Warden |
Tenth Circuit |
2021-07-21 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process exhaustion-of-remedies ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sentencing-mitigation sixth-amendment speedy-trial |
Whether the petitioner should have effective counsel on imposed sentence by right |
| 21-5139 |
In Re Donald M. Boswell |
|
2021-07-20 |
Denied |
IFP |
certificate-of-appealability constitutional-rights due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-petitions |
Was the denial of Petitioner's request for a Certificate of Appealibility (COA) to file a second or successive federal habeas corpus for new claims fo… |
| 21-5142 |
Michael Angelo Williams v. United States |
Sixth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea harmless-error ineffective-assistance plea-bargaining sentencing sentencing-enhancement sixth-amendment sixth-circuit withdrawal-of-plea |
Whether Mr. Williams should have been permitted to withdraw his guilty plea |
| 21-5127 |
Noel Aldana v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-07-16 |
Denied |
Response WaivedIFP |
cause-and-prejudice constitutional-review double-jeopardy due-process habeas-corpus ineffective-assistance pro-se procedural-bar strickland-standard strickland-v-washington untimeliness |
Does a meritorious claim that a pro se Petitioner raises which clearly present and meet the cause and prejudice standard addressed in the Strickland v… |
| 21-5093 |
Stephen Dale Barbee v. Texas |
Texas |
2021-07-15 |
Denied |
IFP |
autonomy-right capital-defendant capital-punishment effective-assistance-of-counsel florida-v-nixon habeas-corpus habeas-review ineffective-assistance mccoy-v-louisiana sixth-amendment trial-counsel |
Whether the state court's decision to foreclose habeas review of a capital defendant's claim under McCoy v. Louisiana contravenes federal law |
| 21-5098 |
Hal Herring Brown, Jr. v. United States |
Fourth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure fourth-circuit ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud |
Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of his conviction for securi… |
| 21-5091 |
Brian Dunkley v. Shawn Phillips, Warden |
Sixth Circuit |
2021-07-14 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington |
Whether the Sixth Circuit Court of Appeals has entered a decision in conflict with decisions of another United States court of Appeals on the same imp… |
| 21-41 |
James Allen Jackson v. Texas |
Texas |
2021-07-13 |
Denied |
Response Waived |
closing-argument constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-due-process racist-testimony right-to-silence trial-counsel wiccan-testimony |
Was petitioner denied effective-assistance-of-counsel,racist-testimony,wiccan-testimony,right-to-silence,closing-argument,prejudice |
| 21-5089 |
Martin Thomas Lawrence v. United States |
Eighth Circuit |
2021-07-13 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing sentencing-exposure sixth-amendment trial-counsel |
Whether, in light of trial counsel's express admission that he underestimated Petitioner's sentencing exposure if he went to trial, this Court should … |
| 21-5074 |
Samuel Ridder v. Tim Shoop, Warden |
Sixth Circuit |
2021-07-12 |
Denied |
Response WaivedIFP |
alleged-bias appellate-procedure certificate-of-appealability forfeiture ineffective-assistance ineffective-assistance-of-counsel judicial-bias merits-brief prosecutorial-misconduct sixth-circuit |
Did the Sixth Circuit misconstrue the Certificate of Appealability as a merits brief? |
| 21-5070 |
Calvin Bernhardt v. United States |
Eighth Circuit |
2021-07-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion certificate-of-appealability district-court-error eighth-circuit ineffective-assistance motion-to-vacate prima-facie prosecutorial-misconduct |
Whether the Eight Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in denying… |
| 21-5035 |
Ronald Pyles v. LaShann Eppinger, Warden |
Ohio |
2021-07-08 |
Denied |
IFP |
brady-rule brady-violation civil-rights due-process ethical-standards ineffective-assistance ineffective-assistance-of-counsel judicial-impartiality judicial-recusal recusal witness-testimony |
Question not identified |
| 21-5041 |
Kosoul Chanthakoummane v. Texas |
Texas |
2021-07-08 |
Denied |
IFP |
constitutional-rights criminal-defense criminal-procedure due-process eighth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-procedure |
Whether Mr. Chanthakoummane is entitled to a new trial because trial counsel ignored his unequivocal direction to challenge his guilt during the culpa… |
| 21-5022 |
Sheron Gabriel Terrell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-06 |
Denied |
IFP |
due-process fourth-amendment franks-hearing franks-v-delaware ineffective-assistance ineffective-assistance-of-counsel probable-cause suppression-hearing warrant-affidavit |
Did Terrell make a substantial preliminary showing that the omissions made by Affiant from his warrant affidavit were recklessness by the proof of omi… |
| 20-8472 |
Rocky Leandro Orosco v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-01 |
Denied |
IFP |
criminal-procedure direct-appeal due-process evidence-suppression exclusionary-rule fourth-amendment ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress warrantless-search |
Is Mr. Orosco entitled to a hearing to challenge the 'obtainment' of his cell phone? |
| 20-8449 |
Brian Keith Gorham v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-06-30 |
Denied |
IFP |
constitutional-rights due-process habeas-corpus impartial-jury ineffective-assistance ineffective-assistance-of-counsel jury-bias jury-selection procedural-default sixth-amendment trial-procedure |
Whether the Fifth Circuit erred in finding no prejudice from the bias implied by an unqualified juror being seated on Gorham's jury, the court's abuse… |
| 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… |
| 20-8430 |
Samuel Gayden v. Illinois |
Illinois |
2021-06-24 |
Denied |
IFP |
chain-of-custody criminal-procedure dna-evidence evidence-admissibility fair-trial ineffective-assistance jury-instructions lay-opinion prosecutorial-misconduct trial-procedure witness-identification |
Whether the State misused DNA evidence to link Petitioner to the weapon used in the offense, and to alleged threatening letters sent from the Cook Cou… |
| 20-8390 |
Gary L. Workman v. Jason Kent, Warden |
Fifth Circuit |
2021-06-23 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel police-misconduct prosecutor-misconduct right-to-counsel witness-subpoena |
Was Petitioner denied his right to compel witnesses |
| 20-8393 |
Robert Steven McDaniel v. Georgia |
Georgia |
2021-06-23 |
Denied |
IFP |
civil-rights constitutional-rights counsel-error criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies right-to-appeal |
Whether the defendant's due process rights were violated by the denial of his right to appeal an out-of-time appeal |
| 20-8360 |
Rafael Verdejo Ruiz v. Derek Edge, Warden |
Fifth Circuit |
2021-06-21 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel military-appeal military-appeals procedural-default subject-matter-jurisdiction |
Was military appellate court obligated to accept late ineffective assistance of counsel claim |
| 20-8365 |
Richard L. Gathercole v. United States |
Eighth Circuit |
2021-06-21 |
Denied |
Response WaivedIFP |
administrative-law appellate-review civil-procedure civil-rights constitutional-authority constitutional-law due-process ineffective-assistance judicial-jurisdiction legal-remedy standing |
Whether the United States Court of Appeals for the Eighth Circuit exceeded the scope of its analysis in rejecting the appellant's resistance claim |
| 20-8367 |
Kiera Shanice Graham v. Brooks Benton, Warden |
Georgia |
2021-06-21 |
Denied |
IFP |
constitutional-rights counsel-representation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing voluntary-decision |
Is a defendant's plea valid when counsel misinformed them about the potential sentence? |
| 20-8337 |
Noe Torres v. Dwayne Santistevan, Warden, et al. |
Tenth Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
constitutional-claims court-rules criminal-procedure discretionary-review due-process extension-of-filing-period habeas-corpus ineffective-assistance judicial-misconduct media-coverage procedural-default state-court |
Appealability of habeas corpus denial |
| 20-8314 |
Timothy Brewer v. Stewart Eckert, Superintendent, Wende Correctional Facility |
Second Circuit |
2021-06-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability child-psychology constitutional-rights evidence fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Court, … |
| 20-8319 |
John J. Wilson, Jr. v. Florida |
Florida |
2021-06-15 |
Denied |
Relisted (2)IFP |
appellate-procedure criminal-counsel direct-appeal due-process florida-bar-investigation ineffective-assistance ineffective-assistance-of-counsel misrepresentation plea-bargaining torture |
Can same criminal counsel misrepresenting defendant in the same L.T. case, and other cases in the trial court documenting instances of 'torture' to in… |
| 20-8304 |
Lee Goston v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2021-06-14 |
Denied |
Response WaivedRelisted (2)IFP |
appealability appellate-review due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-incompetency statutory-interpretation time-bar |
Question not identified |
| 20-8279 |
Kirk Cottom v. United States |
Eighth Circuit |
2021-06-11 |
Denied |
Response WaivedIFP |
brady-violation computer-logs due-process expert-evidence fabrication falsification indictment ineffective-assistance perjured-testimony perjury |
Is it a due process violation for the government to obtain an indictment based on perjured testimony about fabricated and falsified computer logs? |
| 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 |
| 20-8269 |
Kenneth Ray Marshall v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
28-usc-2254 clearly-established-federal-law constitutional-review due-process-rights federal-habeas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment speedy-trial state-criminal-procedure strickland-standard strickland-v-washington |
Whether the state court failed to apply the correct standard of 'reasonableness' under Strickland v. Washington |
| 20-8270 |
Maurice A. Jackson v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure dna-testing evidence ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard standard-of-review trial-counsel witness-impeachment |
Did the third circuit court err in deferring to the Court of Common Pleas finding that Mr. Jackson was not prejudiced by trial counsel not having key … |
| 20-8243 |
Spencer Richard Andrews v. Michigan |
Michigan |
2021-06-08 |
Denied |
IFP |
4th-amendment appellate-review consent consent-scope digital-privacy fourth-amendment ineffective-assistance ineffective-assistance-of-counsel privacy-rights search-and-seizure smartphone smartphone-search |
Did the Michigan court of appeals erroneously expand the defendant's consent to retrieve a telephone number from his smartphone into a consent to sear… |
| 20-8244 |
Abdul S. Aziz v. New Jersey |
New Jersey |
2021-06-08 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-rights covid-19-impact due-process fair-trial ineffective-assistance ineffective-counsel perjured-testimony plea-negotiations police-misconduct pro-se-brief |
Question not identified |
| 20-8248 |
Richard W. Williams v. Sherie Korneman, Warden |
Eighth Circuit |
2021-06-08 |
Denied |
IFP |
certificate-of-appealability conflict-of-interest constitutional-rights criminal-procedure due-process effective-assistance fourteenth-amendment further-proceedings ineffective-assistance public-defender sixth-amendment |
Does having biased jurors on a jury panel, one of which stated during voir dire questioning, 'murder is murder. I don't believe there's a defense for … |
| 20-8251 |
Jayrionte Thomas v. West Virginia |
West Virginia |
2021-06-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-appeal criminal-procedure due-process first-degree-murder habeas-corpus ineffective-assistance legal-procedure right-to-counsel sixth-amendment west-virginia-law |
ineffective-assistance-of-counsel |
| 20-8252 |
Timothy James Thompson v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2021-06-08 |
Denied |
Response WaivedIFP |
default habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion martinez-v-ryan prejudice prejudice-standard trial-counsel trial-judge |
Whether when assessing prejudice to determine if the default of an ineffective assistance of trial counsel claim should be excused under Martinez v. R… |
| 20-8223 |
Weldon Boyce Bridges v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-06-04 |
Denied |
IFP |
constitutional-rights constitutional-violations counsel-of-choice due-process effective-counsel ineffective-assistance plea-bargaining plea-coercion right-to-counsel sixth-amendment state-criminal-procedure |
Whether the State District Court can convict the petitioner without 'paid' counsel of choice at pre-trial, plea, arraignment, and evidentiary hearings… |
| 20-8235 |
Kory Christian Pedersen v. Oregon Board of Parole and Post-Prison Supervision |
Ninth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
expert-testimony ineffective-assistance ineffective-assistance-of-counsel ninth-circuit post-conviction post-conviction-review self-defense sixth-amendment trial-counsel |
Was Mr. Pedersen denied the effective assistance of counsel guaranteed by the Sixth Amendment? |
| 20-1686 |
Bobby Lee Hampton v. Darrel Vannoy, Warden |
Louisiana |
2021-06-04 |
Denied |
|
collateral-review constitutional-rule criminal-procedure due-process ineffective-assistance mccoy-v-louisiana retroactivity right-to-counsel teague-v-lane |
Whether the exceptions to the Teague v. Lane rule for retroactive application of new constitutional rules of criminal procedure apply to the rule anno… |
| 20-8217 |
Donald R. Turner, Jr. v. United States |
Eighth Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
civil-rights constitutional-claim due-process fifth-amendment ineffective-assistance just-compensation mandatory-minimum private-property procedural-error sentencing-enhancement takings |
Whether the government's seizure of private property without just compensation violates the Takings Clause of the Fifth Amendment |
| 20-8219 |
Clark D. Young v. United States |
Sixth Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
conflict-of-interest counsel-failure criminal-history due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-enhancement sixth-amendment |
Whether the defendant was deprived of his Sixth, Fifth, and Fourteenth Amendment rights when counsel failed to investigate his criminal history |
| 20-8221 |
Terrence Lavaron Thomas v. Michigan |
Michigan |
2021-06-03 |
Denied |
IFP |
constitutional-rights criminal-defense due-process ineffective-assistance plea-withdrawal right-to-counsel right-to-speedy-trial sentencing sentencing-error speedy-trial |
Was defense counsel ineffective in failing to contest the sufficiency of evidence? |
| 20-8182 |
Gilbert Sanchez v. Texas |
Texas |
2021-06-01 |
Denied |
IFP |
constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions reasonable-doubt sentencing sentencing-guidelines |
Whether the trial court's misdirection of the jury as to the applicable sentencing range constituted egregious harm |
| 20-8155 |
Frederick Wayne Smith v. California |
California |
2021-05-27 |
Denied |
IFP |
actual-innocence autonomy civil-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prima-facie sixth-amendment successive-petitions |
Should the May 2, 1995 Order to Show Cause/Prima Facie case; The NOV 05 2018 Superior Court writ of habeas corpus/Prima facie showing of violation of … |
| 20-8170 |
Ronnie Ray Ogle v. Mike Parris, Warden |
Sixth Circuit |
2021-05-27 |
Denied |
Response WaivedIFP |
aedpa-standard due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-plea judicial-discretion recusal statute-of-limitations |
Whether the state's adjudication - or lack thereof - of Petitioner's Tennessee Rules of Civil Procedure Rule 60(b) Motion, Tennessee Rules of Criminal… |
| 20-1656 |
Carmen Johnson v. United States |
Fourth Circuit |
2021-05-27 |
Denied |
Response Waived |
asset-forfeiture civil-rights coram-nobis criminal-procedure due-process ineffective-assistance restitution supervised-release |
May an individual challenge non-custodial aspects of a criminal judgment through a petition for writ of error coram nobis? |
| 20-8149 |
Quinn Palacios Cruz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-05-26 |
Denied |
IFP |
conflict-of-interest criminal-procedure cuyler-test habeas-corpus individual-representation ineffective-assistance methodology-of-review multiple-representation supreme-court-review trial-counsel |
Whether the Cuyler test for ineffective assistance of counsel due to conflict of interest applies to individual cases of representation and not only t… |
| 20-8122 |
Andi Mustafa v. Michigan |
Michigan |
2021-05-25 |
Denied |
IFP |
criminal-procedure due-process factual-basis ineffective-assistance ineffective-assistance-of-counsel no-contest-plea plea-bargaining plea-colloquy plea-withdrawal search-and-seizure search-warrant |
Plea-withdrawal-issues |
| 20-8097 |
Brandon Marquis Jennings, aka Mustafa Beezy Bey v. United States |
Fourth Circuit |
2021-05-21 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-provisions constitutional-rights criminal-procedure due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel jurisdiction professional-misconduct |
Does the defendant have the right to effective assistance of counsel |
| 20-8102 |
Adam Rosen v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. |
Third Circuit |
2021-05-21 |
Denied |
IFP |
civil-rights constitutional-law constitutional-violations criminal-procedure due-process federal-habeas ineffective-assistance post-conviction-relief precedent self-incrimination state-court-review |
Whether the Commonwealth's use of a defendant's statements to the Commonwealth, which were not elicited in violation of the defendant's Fifth Amendmen… |
| 20-8088 |
Emem Ufot Udoh v. Minnesota |
Minnesota |
2021-05-20 |
Dismissed |
IFP |
actual-innocence constitutional-rights due-process fair-trial ineffective-assistance post-conviction prosecutorial-misconduct strickland-v-washington |
Whether the lower court erred in denying appellant's motion |
| 20-8091 |
Steven Zapata v. Kentucky |
Kentucky |
2021-05-20 |
Denied |
Response WaivedIFP |
competency constructive-denial-of-counsel criminal-procedure cronic-standard cronic-v-united-states guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-colloquy strickland-standard strickland-v-washington |
Whether the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v… |
| 20-8073 |
Damari Jennings v. Louisiana |
Louisiana |
2021-05-19 |
Denied |
Response WaivedIFP |
alford-plea due-process equal-protection guilty-plea ineffective-assistance ineffective-assistance-of-counsel juvenile-defendant north-carolina-v-alford plea-bargaining sixth-amendment |
Was Jennings denied due process and equal protection when the trial court refused to allow him to withdraw his guilty plea? |
| 20-8051 |
Lucas Kenneth Sabatino v. United States |
Fourth Circuit |
2021-05-18 |
Denied |
Response WaivedIFP |
criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-capacity prejudicial-error sixth-amendment trial-strategy |
Whether defense counsel committed prejudicial ineffective assistance of counsel by failing to raise issues relating to defendant's mental capacity at … |
| 20-8068 |
Stephen Mark McDaniel v. Edward Philbin, Warden |
Georgia |
2021-05-18 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-probable-cause constitutional-rights due-process effective-assistance-of-counsel guilty-plea habeas-corpus ineffective-assistance plea-voluntariness weatherford-v-bursey |
Did the Supreme Court of Georgia abuse its discretion by refusing to grant a Certificate of Probable Cause to review the judgment of the Habeas Court? |
| 20-8042 |
Jorge Cervantes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-05-17 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing fact-finding federal-habeas habeas-corpus ineffective-assistance judicial-review legal-determination postconviction-relief standard-of-review state-court-findings strickland |
Did the trial court use the incorrect standard to review the issues and thus incorrectly apply the fact to the law under Strickland? |
| 20-8046 |
Shawn Bishop v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. |
Third Circuit |
2021-05-17 |
Denied |
Response WaivedIFP |
codefendant-confession confrontation-clause criminal-procedure curative-instruction due-process ineffective-assistance scant-evidence witness-testimony |
Does a curative instruction remedy a Confrontation Clause violation? |
| 20-8026 |
Jesus Manuel Moran v. Thomas E. Higgins |
Ninth Circuit |
2021-05-14 |
Denied |
Response WaivedIFP |
aedpa civil-procedure federal-claims habeas-corpus ineffective-assistance injury procedural-default proximate-cause state-court-review state-courts |
When a lawyer fails to give the State Courts the opportunity to review federal claims, is this failure the proximate cause of the injury as a matter o… |
| 20-1581 |
Malia Arciero v. United States |
Ninth Circuit |
2021-05-14 |
Denied |
Response Waived |
criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing-enhancement sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated when defense counsel's deficient advice led to a two-point sentencin… |
| 20-8005 |
Philip Steven Matwyuk v. Mark Brnovich, Attorney General of Arizona, et al. |
Ninth Circuit |
2021-05-12 |
Denied |
Response WaivedIFP |
constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigative-misconduct prosecutorial-misconduct right-to-counsel right-to-self-representation sixth-amendment |
Question not identified |
| 20-7971 |
Derek A. Rivera v. Connie Horton, Warden |
Sixth Circuit |
2021-05-11 |
Denied |
Response WaivedIFP |
criminal-procedure directed-verdict due-process expert-testimony fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions murder-conviction sufficiency-of-evidence |
Whether the defendant was denied a fair trial due to improper other-acts evidence |
| 20-7965 |
Jeffrey Ray Sundwall v. Florida |
Florida |
2021-05-10 |
Denied |
IFP |
appeals civil-rights constitutional-law constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining plea-negotiations post-conviction-relief |
Whether the prohibition of a criminal appeal with denial after exercising the right to appeal a reserved appealable request when their rules and set w… |
| 20-7970 |
Christopher R. Glenn v. United States |
Eleventh Circuit |
2021-05-10 |
Denied |
Response WaivedIFP |
appellate-review counsel-misconduct due-process evidentiary-hearing fraud ineffective-assistance judicial-proceedings supervisory-power |
Did the Eleventh Circuit so far depart from the accepted and usual course of judicial proceedings as to call for an exercise of this Court's superviso… |
| 20-7960 |
Michael Anthony Carroll v. Michigan |
Michigan |
2021-05-07 |
Denied |
IFP |
due-process fundamental-defect-exception ineffective-assistance interstate-agreement interstate-agreement-on-detainers jurisdiction jurisdictional-limits jury-impartiality sixth-amendment tad-claims time-limits waiver |
Whether the statutory time limits imposed by the Interstate Agreement on Detainers are strictly jurisdictional and cannot be waived or proceeded upon … |
| 20-7928 |
Brandon Robinson v. Robert May, Warden, et al. |
Third Circuit |
2021-05-05 |
Denied |
Response WaivedIFP |
appellate-proceedings brady-violation discovery-process ineffective-assistance ineffective-assistance-of-counsel martinez-claim martinez-v-ryan post-conviction-relief strickland-standard strickland-v-washington trial-record |
Was counsel ineffective under Strickland, and did the ineffectiveness present a Martinez claim in the petitioner's appellate proceedings? |
| 20-7918 |
Jasper Pollini v. Amy Robey, Warden |
Sixth Circuit |
2021-05-04 |
Denied |
Response WaivedIFP |
appellate-counsel habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel lockhart-v-fretwell sixth-amendment sixth-circuit-review smith-v-robbins strickland-standard strickland-v-washington |
Whether Lockhart v. Fretwell's suggestion that 'mere outcome determination' is not sufficient to establish prejudice under Strickland v. Washington is… |
| 20-7895 |
David Scott Franks v. Benjamin Ford, Warden |
Eleventh Circuit |
2021-04-30 |
Denied |
IFP |
capital-case capital-sentencing eleventh-circuit ineffective-assistance mitigating-evidence residual-doubt sentencing wiggins-standard wiggins-v-smith |
Is counsel relieved of the duty to investigate and present all reasonably available mitigating evidence in a capital case if he chooses to present a r… |
| 20-7901 |
Chalin Merrihew v. Florida |
Florida |
2021-04-30 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining post-conviction-relief sentencing statutory-interpretation |
Was Petitioner denied a fair trial? |
| 20-7893 |
Anthony Edward Bridget v. California |
California |
2021-04-29 |
Denied |
IFP |
criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment trial-strategy |
Whether it is allowed for a judge to tell a jury who is biased to continue their belief in the defendant without a trial to defend against newly disco… |
| 20-7877 |
Robert Washington v. David Gomez, Warden |
Seventh Circuit |
2021-04-28 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability constitutional-review due-process federal-statute habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-circuit strickland-v-washington |
Whether the United States Seventh Circuit Court of Appeals erred in denying petitioner's application for a certificate of appealability |
| 20-1514 |
Robert John Dodd v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2021-04-28 |
Denied |
|
child-sexual-abuse criminal-indictment criminal-procedure double-jeopardy due-process indictment ineffective-assistance ineffective-assistance-of-counsel legal-proceeding statute-of-limitations trial-counsel |
Whether trial counsel was ineffective for failing to object on Double Jeopardy grounds to nine identical carbon copy indictments |
| 20-7853 |
Craig Allen Morgenstern v. United States |
Ninth Circuit |
2021-04-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ex-post-facto fifth-amendment ineffective-assistance jury-instructions sixth-amendment statutory-elements statutory-interpretation supervised-release |
Whether the trial court's errors in allowing modified jury instructions that impermissibly deleted statutory elements violated the defendant's Fifth a… |
| 20-7850 |
Aaron J. LaRose v. Missouri |
Missouri |
2021-04-26 |
Denied |
Response WaivedIFP |
access-to-courts brady-v-maryland brady-violation due-process equal-protection ineffective-assistance napue-standard napue-v-illinois post-conviction-relief strickland-v-washington |
Whether the state courts denied due process, equal protection, and access to courts by misapplying Brady v. Maryland, Napue v. Illinois, and Stricklan… |
| 20-1490 |
Quinn Alexander Marez v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2021-04-26 |
Denied |
Response Waived |
28-usc-2254 federal-court federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-state-defense procedural-requirements state-court state-court-review |
May a federal court substitute its own reasons for denying a habeas petition when the state court's reasons were legally in error? |
| 20-1481 |
Adrian Parbhudial v. Jamie LaManna, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2021-04-22 |
Denied |
Response Waived |
criminal-defense due-process habeas-corpus home-invasion ineffective-assistance ineffective-assistance-of-counsel mistake police-officers Strickland strickland-standard witness-testimony witnesses |
Was it an unreasonable application of Strickland-v-Washington,466-U.S.-668-(1984) |
| 20-7828 |
Kevin Norris Mitchell v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-04-22 |
Denied |
IFP |
28-usc-2244 attorney-death attorney-performance civil-procedure constitutional-rights equitable-tolling federal-tolling ineffective-assistance judicial-opinions legal-procedure post-conviction post-conviction-relief |
Whether the death of a petitioner's retained attorney during post-conviction relief proceedings establishes equitable tolling for not securing federal… |
| 20-7813 |
Richard Allen Benson v. Kevin Chappell, Warden |
Ninth Circuit |
2021-04-21 |
Dismissed |
IFP |
aedpa aedpa-standard capital-case capital-punishment due-process habeas-corpus ineffective-assistance mitigation-evidence prima-facie state-law |
When a federal habeas court examines for reasonableness a silent state court habeas denial pursuant to 28 U.S.C. § 2254(d) (AEDPA) and Harrington v. R… |
| 20-7804 |
Michael William Ledford v. Warden, Georgia Diagnostic Prison |
Eleventh Circuit |
2021-04-20 |
Denied |
IFP |
batson-challenge batson-v-kentucky capital-sentencing civil-rights due-process gender-discrimination ineffective-assistance ineffective-assistance-of-counsel j.e.b-v-alabama jury-selection psychopathy-evidence |
Whether Batson v. Kentucky allows an inference of discrimination based on a pattern of strikes against black or women jurors |
| 20-7809 |
Julian J. Miller v. Dylon Radtke, Warden |
Seventh Circuit |
2021-04-20 |
Denied |
Response WaivedIFP |
access-of-court access-to-court actual-innocence constitutional-claim constitutional-rights due-process habeas-corpus heck-bar ineffective-assistance statute-of-limitations |
Does §2244(d)(1)(A) apply to a habeas petitioner's access-of-court claim that is barred by Heck & can't accrue until the state habeas corpus remedy is… |
| 20-7801 |
Cody Lee Herman v. United States |
Sixth Circuit |
2021-04-19 |
Denied |
Response WaivedIFP |
and sentencing stages plea constitutional-rights conviction criminal-procedure effective-assistance-of-counsel ineffective-assistance plea-bargaining plea-stage plea-stages pro-se-objections right-to-counsel sentence sentencing sentencing-stage |
Whether Petitioner's Right to the Effective Assistance of Counsel Was Violated During the Pretrial and Plea Stages |
| 20-7774 |
Kevin Johnson v. Texas |
Texas |
2021-04-16 |
Denied |
Response WaivedIFP |
appellate-review civil-rights confrontation-clause criminal-procedure double-standard due-process evidentiary-standard expert-testimony forensic-evidence ineffective-assistance post-conviction |
Whether the court of appeal erred in allowing the use of statements of unaddressed witnesses as basis for expert opinions and presenting their finding… |
| 20-7789 |
In Re Michael K. Ciacci |
|
2021-04-16 |
Denied |
Response WaivedIFP |
district-of-columbia district-of-columbia-code due-process exhaustion-of-remedies ineffective-assistance ineffective-assistance-of-counsel judicial-recusal procedural-exhaustion savings-clause state-remedies |
Whether the scope of the savings clause under District of Columbia Code Section 23-110(g) is open to a claim supported by judicial failure to recuse? |
| 20-1440 |
David Abram Anaya v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-04-15 |
Denied |
Response Waived |
civil-rights constitutional-rights counsel-deficiency due-process habeas-corpus ineffective-assistance plea-bargaining prejudice prejudice-standard reasonable-probability |
Whether a defendant can show prejudice from counsel's deficient performance in rejecting a plea offer where the record reveals no facts suggesting the… |
| 20-7751 |
Efrain Lopez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-04-14 |
Denied |
IFP |
actual-innocence constitutional-rights due-process evidentiary-hearing false-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel speedy-trial |
Did the Fifth Circuit err in denying Lopez's COA on his speedy-trial-violation, due-process, ineffective-assistance-of-counsel, and false-testimony cl… |
| 20-7764 |
Jamil Stefon Carter v. O'Bell T. Winn, Warden |
Sixth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel jury-selection motion-to-suppress plea-withdrawal right-to-appeal |
Whether due process requires plea withdrawal where the petitioner was unaware that his guilty plea waived his right to appeal the denial of a pre-tria… |
| 20-7715 |
In Re Richard DeCaro |
|
2021-04-12 |
Dismissed |
Relisted (2)IFP |
double-jeopardy ex-post-facto federal-statute first-degree-murder ineffective-assistance ineffective-assistance-of-counsel mandatory-life second-degree-murder sentencing-guidelines sixth-amendment |
Whether the Ex Post Facto Clause is violated |
| 20-7702 |
Covia Dzell Smith v. United States |
Fourth Circuit |
2021-04-09 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure due-process evidentiary-errors fair-trial fourth-circuit-review ineffective-assistance right-to-present-defense sentencing sentencing-guidelines |
Whether trial counsel's ineffective assistance deprived Mr. Smith of the right to offer evidence in his defense |
| 20-7689 |
Herve Wilmore, Jr. v. United States |
Eleventh Circuit |
2021-04-08 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-claim constitutional-rights criminal-procedure due-process federal-rules habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misconstruction |
Does the court's misconstruction of the habeas corpus claim violate due process of law? |
| 20-7691 |
Ernest Donald Washington v. Tammy Williams, Warden, et al. |
Fourth Circuit |
2021-04-08 |
Denied |
IFP |
appeal civil-rights constitutional-claims criminal-procedure due-process evidence federal-jurisdiction habeas-corpus ineffective-assistance jurisdiction ninth-circuit procedural-default |
Whether the district court lacked subject matter jurisdiction to try the petitioner |
| 20-7676 |
Aaron Orlando Richards v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
circumstantial-evidence criminal-conviction criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia motion-for-bill-of-particulars motion-to-suppress reasonable-doubt sixth-amendment sufficiency-of-evidence |
Whether the State presented sufficient evidence to convict under Jackson v. Virginia |
| 20-7666 |
Willie Ponder v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-04-06 |
Denied |
Response WaivedIFP |
28-usc-2253 28-usc-2254 actual-innocence certificate-of-appealability confrontation-clause due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability |
| 20-7658 |
Johnny Rice v. Frank Vanihel, Warden |
Seventh Circuit |
2021-04-05 |
Denied |
IFP |
civil-rights criminal-procedure due-process franks-v-delaware ineffective-assistance standing |
Was trial counsel ineffective when he failed to suppress the affidavit due to the insufficiency of Count I and Rape, and when counsel failed to seek a… |
| 20-7664 |
Jessie Willie Green v. Willis Chapman, Warden |
Sixth Circuit |
2021-04-05 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights confrontation-clause due-process exculpatory-evidence identification-evidence identification-procedures ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether the petitioner's constitutional rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments were violated due to issues with identificati… |
| 20-7626 |
Robert Frank Miller v. United States |
District of Columbia |
2021-04-01 |
Denied |
Response WaivedIFP |
appellate-review appellate-standards criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-discretion probable-cause waiver |
Whether certiorari should be granted to clarify that probable cause must be based on actual facts, rather than mere assumptions interposed by the cour… |
| 20-7633 |
Sam Sterling Alford v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
28-usc-2253c certificate-of-appealability consolidation consolidation-risks counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-consent right-to-counsel |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28-U.S.C-2253(c) on his claim that his counsel rend… |
| 20-7640 |
Nicholas Corey Garner v. United States |
Sixth Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure email-search ineffective-assistance ineffective-assistance-of-counsel presentence-report restitution search-and-seizure sentencing sixth-circuit |
Whether counsel was constitutionally ineffective for failing to object to presentence report and failing to raise objection to lack of restitution rec… |
| 20-7605 |
Cody James Martinez v. Arizona |
Arizona |
2021-03-31 |
Denied |
IFP |
capital-defendant capital-trial cumulative-error due-process ineffective-assistance ineffective-assistance-of-counsel pecuniary-gain right-to-counsel statutory-aggravator strickland-standard trial-counsel |
Whether trial counsel's complete abdication of responsibilities by meeting with a capital defendant for only 1:08 total in 2-4 years preceding trial c… |
| 20-7623 |
Michael Eric Drake v. Pennsylvania |
Pennsylvania |
2021-03-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prior-bad-acts sixth-amendment trial-counsel |
Did the Pennsylvania Superior Court ignore the Sixth and Fourteenth Amendments when it found no issue with trial counsel's failure to protect his clie… |
| 20-1371 |
Bart Posey, Sr. v. United States |
Sixth Circuit |
2021-03-31 |
Denied |
Response Waived |
appeal appellate-counsel constitutional-right criminal-procedure due-process duty-to-consult habeas-corpus ineffective-assistance right-to-counsel |
Whether the duty to consult about an appeal requires the effective assistance of counsel |
| 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 |
| 20-7607 |
Perry Burris v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. |
Third Circuit |
2021-03-30 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment compulsory-process constitutional-rights due-process ineffective-assistance |
Did attorney Douglas P. Earl violate Perry Burris' constitutional right of his 5th amendment right to due process of law subsequently violating his 6t… |
| 20-7596 |
Olen Ware, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-03-29 |
Denied |
IFP |
amendment appellate-review certificate-of-appealability civil-procedure federal-procedure fifth-circuit habeas-corpus ineffective-assistance motion-to-amend motion-to-suppress |
Did the federal district court err in dismissing the habeas petition without considering the petitioner's motion to amend |
| 20-7571 |
Hilliard A. Fulgham v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2021-03-26 |
Denied |
IFP |
civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel interstate-agreement-on-detainers interstate-detainer judicial-discretion trial-fairness waiver |
Is an objection required before a court would have understanding that a detainee did not want to be tried after the time-line set in his involuntary r… |
| 20-7574 |
Robert K. Rymer v. United States Court of Appeals for the Seventh Circuit |
Seventh Circuit |
2021-03-26 |
Denied |
IFP |
6th-amendment brady-violation civil-rights confrontation-clause due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether Rymer's state trial violated his right to effective assistance of counsel and due process under the Sixth and Fourteenth Amendments |
| 20-7552 |
Hugo Rufino Alvarez-Reyes v. Brad Cain, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2021-03-24 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process equal-protection expert-testimony first-amendment fourteenth-amendment free-speech ineffective-assistance sixth-amendment standing witness-credibility |
Whether the lower court erred in dismissing petitioner's claims alleging violations of the First Amendment and the Equal Protection Clause |
| 20-1321 |
John Ching En Lee v. United States |
Ninth Circuit |
2021-03-23 |
Denied |
Response WaivedRelisted (2) |
18-usc-1001 6th-amendment certificate-of-appealability due-process ineffective-assistance ineffective-assistance-of-counsel law-of-the-case materiality sixth-amendment |
Whether Petitioner is entitled to a Certificate of Appealability |
| 20-7515 |
Samuel Woody v. New Jersey |
New Jersey |
2021-03-22 |
Denied |
Relisted (2)IFP |
conflict-of-interest criminal-procedure due-process false-allegations ineffective-assistance vindictive-behavior witness-testimony |
Whether counsel was ineffective for failing to investigate and call a witness with a potential conflict of interest who could speak to the alleged vic… |
| 20-1302 |
Casey A. McWhorter v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2021-03-19 |
Denied |
|
28-U.S.C-2254(d)(2) constitutional-rights criminal-defendant death-penalty-mitigation effective-assistance-of-counsel federal-review habeas-corpus impartial-jury ineffective-assistance jury-bias McDonough-Power-Equipment-v-Greenwood mitigation-evidence |
Whether a federal court violates 28-U.S.C-2254(d)(2) in determining state court's factual findings |
| 20-1306 |
Alan Dale Walker v. Mississippi |
Mississippi |
2021-03-19 |
Denied |
|
capital-case capital-punishment ineffective-assistance ineffective-assistance-of-counsel investigation mitigation-evidence psychological-trauma sixth-amendment tactical-decisions trial-counsel |
Did the Mississippi Supreme Court fail to adhere to this Court's Sixth Amendment jurisprudence requiring counsel in a capital case to conduct a thorou… |
| 20-7462 |
Anthony Kirkland v. Ohio |
Ohio |
2021-03-17 |
Denied |
IFP |
capital-defendant death-penalty fair-trial fifth-amendment fourteenth-amendment impartial-jury ineffective-assistance sixth-amendment |
Are a capital defendant's rights to a fair trial by an impartial jury denied when a juror believes the death penalty should be used in all cases of mu… |
| 20-7467 |
Timothy Wayne Carver v. United States |
Eleventh Circuit |
2021-03-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment |
Where plea counsel's ineffective assistance causes a defendant to misapprehend the consequences of pleading guilty, may the defendant obtain relief ev… |
| 20-7480 |
Mickey Thomas v. Dexter Payne, Director, Arkansas Department of Correction |
Eighth Circuit |
2021-03-17 |
Denied |
Relisted (2)IFP |
appellate-procedure day-v-mcdonough federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default sua-sponte wood-v-milyard |
Whether a court of appeals can sua sponte raise a habeas defense that a state abandons on appeal |
| 20-7469 |
Joaquin Hernandez-Ayala v. Rene Baker, Warden, et al. |
Ninth Circuit |
2021-03-16 |
Denied |
Response WaivedIFP |
cause-and-prejudice certificate-of-appealability habeas-corpus impeachment ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan ninth-circuit procedural-default |
Whether the Ninth Circuit clearly erred in denying Hernandez-Ayala's request for a certificate of appealability |
| 20-7440 |
Paul Salazar v. Texas |
Texas |
2021-03-12 |
Denied |
IFP |
collateral-review constitutional-standards double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-review standing voir-dire |
Does a state's initial-review post-conviction collateral procedures meet constitutional standards when they fail to provide prisoners the opportunity … |
| 20-7419 |
Kamil Johnson v. W. E. Mackelburg, Warden |
Fourth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
8-usc-2254 constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance iowa-supreme-court juvenile-sentencing miller-v-alabama post-conviction-relief |
Whether the lower courts acted unconstitutionally in denying the habeas corpus petition |
| 20-7429 |
William Davis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appeals-process constitutional-rights criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-examination mental-health post-conviction-relief |
Whether a reasonable COVID-19 debate |
| 20-7373 |
Christopher Mathew Payne v. Arizona |
Arizona |
2021-03-09 |
Denied |
IFP |
resulting in prejudice capital-punishment death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions parole-ineligibility simmons-precedent |
Whether a death sentence may be carried out when defense counsel unreasonably fails to inform the jury of parole ineligibility under Simmons |
| 20-7378 |
Israel Ernesto Palacios v. United States |
Fourth Circuit |
2021-03-09 |
Denied |
IFP |
case-law-interpretation circuit-split constitutional-claim criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-foreshadowing strickland-standard strickland-v-washington |
To what extent must a claim be 'sufficiently foreshadowed in existing case law' for counsel's failure to raise that claim to constitute deficient perf… |
| 20-7389 |
Emem Ufot Udoh v. Becky Dooley, Warden |
Eighth Circuit |
2021-03-09 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence cause-and-prejudice certificate-of-appealability covid-19 covid-19-impact due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-v-washington |
Whether the district court applied an incorrect standard of review |
| 20-7395 |
Antonio E. Wills v. United States |
Eighth Circuit |
2021-03-09 |
Denied |
Response WaivedIFP |
28-usc-2255 actual-innocence career-offender certificate-of-appealability ineffective-assistance ineffective-assistance-of-counsel plea-agreement section-2255 statutory-maximum |
Did the appellate court err in denying a certificate of appealability on whether the district court erred or alternatively abuse its discretion by den… |
| 20-7364 |
James Baldwin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2021-03-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-counsel equal-protection ineffective-assistance mental-disability sixth-amendment |
Whether Appellant was denied rights under the Sixth and Fourteenth Amendments |
| 20-7328 |
Alberto Matias-Martinez v. Dean Williams, Executive Director, Colorado Department of Corrections, et al. |
Tenth Circuit |
2021-03-05 |
Denied |
IFP |
actual-innocence equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan state-impediment statutory-limitations |
Whether the lower courts erred in failing to find that Mr. Matias-Martinez's § 2254 habeas application was timely filed, or in the alternate, that he … |
| 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 |
| 20-7331 |
Kevin L. Martin v. Frank Vanihel, Warden |
Seventh Circuit |
2021-03-05 |
Denied |
Response WaivedIFP |
actual-innocence civil-rights constitutional-claim district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-care prison-conditions procedural-default |
Whether the state failed to provide the inmate with the necessary medical care and treatment as required, violating his constitutional rights |
| 20-7337 |
Kevin Thurlow v. Michelle Edmark, Warden |
First Circuit |
2021-03-05 |
Denied |
IFP |
conflict-of-interest constitutional-violation counsel-representation ineffective-assistance procedural-default sixth-amendment sixth-amendment-conflict-free-clause strickland-standard witness-testimony |
Did the petitioner's counsel provide ineffective assistance by failing to call, interview, and subpoena a witness? |
| 20-7308 |
Michael N. Kelsey v. New York |
New York |
2021-03-03 |
Denied |
IFP |
appellate-procedure criminal-appeal criminal-procedure due-process equal-protection ineffective-assistance post-conviction-motion right-to-appeal sentencing-judge-advisement |
Are New York's criminal appellate procedures deficient or prejudicial to due process? |
| 20-7292 |
Matthew Lee Staszak v. United States |
Seventh Circuit |
2021-03-02 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-2251 18-usc-2423 due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-misconduct section-2251 section-2423 |
Whether the Supreme Court should grant the writ where prosecutorial-misconduct, ineffective-assistance-of-counsel, due-process, plea-bargaining, 18-us… |
| 20-7293 |
Willie Safford v. Florida |
Florida |
2021-03-02 |
Denied |
IFP |
civil-rights constitutional-violation defense-counsel due-process ineffective-assistance jury-instructions lesser-included-offense mitigating-evidence post-conviction-relief right-to-counsel sentencing-phase standard-of-review |
Whether the defendant has a right to a jury instruction on a lesser-included offense when requested by defense counsel at the end of the defendant's t… |
| 20-7264 |
Graham Jay Sonnenberg v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-02-26 |
Denied |
IFP |
adverse-effect brady-material conflict-of-interest constitutional-rights cuyler-standard cuyler-v-sullivan indigent-defense ineffective-assistance ineffective-assistance-of-counsel trial-counsel |
Whether the prophylaxis of Cuyler should be extended to define the term 'adverse affect' to establish a demonstration test involving actual conflicts … |
| 20-7270 |
Keith D. Barmore v. Sonja Nicklaus, Warden |
Seventh Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel involuntary-manslaughter jury-instructions prosecutorial-misconduct |
Question not identified |
| 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 |
| 20-7230 |
Stanley Joseph Thompson v. United States |
Eleventh Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
constitutional-provisions counsel-concession criminal-defense criminal-defense-counsel due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana prejudice sixth-amendment trial-strategy |
Whether the Sixth Amendment permits criminal-defense-counsel to unilaterally-concede-guilt, |
| 20-7248 |
Jonathan Lee Page v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-02-25 |
Denied |
IFP |
constitutional-law court-limitation criminal-procedure independent-act ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection primary-offense primary-offenses trial-procedure |
Whether counsel was ineffective when he failed to timely object to the lower court expressly limiting the independent act jury instruction to the prim… |
| 20-1187 |
Leon Carmichael, Sr. v. United States |
Eleventh Circuit |
2021-02-25 |
Denied |
Response Waived |
constitutional-rights contemporaneous-evidence criminal-procedure due-process hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-test sentencing-guidelines |
What additional objective and contemporaneous evidence is required to satisfy the prejudice test this Court articulated in Hill v. Lockhart and other … |
| 20-7221 |
William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
aggregate-prejudice criminal-procedure cumulative-effect due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington |
Whether the Fourth Circuit's judicial precedence of not reviewing multiple ineffective assistance of counsel claims for the cumulative effect and aggr… |
| 20-7201 |
Jerry Neil Alfred v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-02-22 |
Dismissed |
IFP |
2254-petition civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel successive-petition trial-counsel |
Whether doctrine of equitable tolling could be properly invoked and ultimately applied by district court to render an otherwise untimely claim that ex… |
| 20-7202 |
Deon Anthony Romell Bailey v. United States |
Eighth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel ninth-circuit plea-bargaining post-conviction sentencing sixth-amendment |
Whether the Eighth Circuit decision improperly denied petitioner's claim of violation by failing to remand to give him the opportunity to plead anew? |
| 20-1147 |
Thomas Jefferson Smallwood v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-02-22 |
Denied |
|
certificate-of-appealability compulsory-process confrontation confrontation-clause fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standard-of-review |
Should a certificate of appealability issue |
| 20-7169 |
Lawrence Nunley v. Richard Brown |
Seventh Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
child-witness criminal-trial evidence-admission ineffective-assistance ineffective-assistance-of-counsel judicial-error prosecutor structural-error testimony trial-counsel witness-testimony |
Was trial counsel ineffective for silently acquiescing to the structural error, allowing undue emphasis to be placed on the critical testimony, and gu… |
| 20-7178 |
Nolan C. Turner, III v. Louisiana |
Louisiana |
2021-02-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief retroactivity right-to-counsel second-degree-murder trial-counsel |
Whether trial counsel's concession of guilt to second-degree murder, over the defendant's express objection, violated the defendant's right to maintai… |
| 20-7182 |
Anton Tuomi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
appellate-procedure conflict-of-interest faretta-rights faretta-v-california guilty-plea ineffective-assistance ineffective-assistance-of-counsel right-to-counsel waiver-of-rights |
Whether the petitioner was denied his right to counsel |
| 20-7173 |
Venecia Depaula v. Florida |
Florida |
2021-02-17 |
Denied |
Response WaivedIFP |
competency competency-hearing constitutional-rights ineffective-assistance ineffective-assistance-of-counsel mental-health plea-offer privileged-communication waiver |
Was counsel's assistance rendered ineffective |
| 20-1124 |
Michael Don Leatherwood v. Jeorld Braggs, Jr., Warden |
Tenth Circuit |
2021-02-17 |
Denied |
|
affidavit criminal-procedure due-process fair-warning ineffective-assistance judicial-discretion probation probation-conditions statutory-construction statutory-interpretation |
Was Petitioner subject to the release conditions of probation while he was in prison? |
| 20-1125 |
Antonio Devoe Jones v. Alabama |
Alabama |
2021-02-17 |
Denied |
|
6th-amendment alabama-law constitutional-rights criminal-procedure death-penalty due-process ineffective-assistance mitigation-evidence mitigation-investigation |
Was Petitioner deprived of his constitutional right to effective counsel? |
| 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 |
| 20-7161 |
Tyrell E. Artis v. Ohio |
Ohio |
2021-02-16 |
Denied |
IFP |
constitutional-rights domestic-violence due-process fourteenth-amendment ineffective-assistance plea-bargaining plea-withdrawal res-judicata sentencing-enhancement sixth-amendment |
Can a plea deal consisting of two (2) misdemeanor domestic violence charges be withdrew post sentence, when; (1) no direct appeal was taken; (2) said … |
| 20-7139 |
Chayce Aaron Anderson v. Colorado |
Colorado |
2021-02-12 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel right-to-counsel substitute-counsel |
Whether the trial Court abused its discretion in denying Mr. Anderson's request for the appointment of substitute counsel and defense counsel's motion… |
| 20-7147 |
Joe Angel Acosta, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-02-12 |
Denied |
IFP |
civil-rights constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions post-conviction-relief procedural-default sufficiency-of-evidence |
Whether the petitioner's constitutional and statutory rights were violated in the proceedings leading to his conviction and sentence |
| 20-7129 |
Tyreek Torrence v. Pennsylvania |
Pennsylvania |
2021-02-11 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment |
Was Petitioner's guilty plea involuntarily induced? |
| 20-7110 |
David Falcon v. Neil McDowell, Warden |
Ninth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
aedpa alibi-defense criminal-procedure habeas-corpus ineffective-assistance miranda-hearing miranda-rights police-misconduct police-testimony right-to-counsel strickland-standard |
Whether the Ninth Circuit erred in denying habeas relief on petitioner's claims of ineffective assistance of trial counsel |
| 20-7074 |
Jimmy Lee Nave, Jr. v. Frank Vanihel, Warden |
Seventh Circuit |
2021-02-09 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause warrantless-arrest witness-identification |
Did the District Court err by relying on evidence received after Mr. Nave's warrantless arrest to determine the veracity of statements made by the aff… |
| 20-7076 |
Michael Javier Ottogalli v. United States |
Fifth Circuit |
2021-02-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process enhanced-sentence factual-contestation government-sentencing-memorandum ineffective-assistance ineffective-assistance-of-counsel presentence-report sentencing sentencing-enhancement |
Is due process violated when a defendant receives an enhanced sentence based on erroneous factual conclusions without adequate advance notice? |
| 20-7093 |
Noel Christopher Turner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-02-09 |
Denied |
IFP |
actual-innocence constitutional-error equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mcquiggin-v-perkins statutory-provisions |
Are the lower Courts misinterpreting and applying the United States Supreme Courts decision in McQuiggin v. Perkins? |
| 20-1080 |
Stephen Edward May v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-02-09 |
Denied |
Amici (1)Response Waived |
constitutional-challenge counsel-conduct counsel-performance effective-assistance hypothetical-strategies hypothetical-strategy ineffective-assistance judicial-deference performance-evaluation record-evidence strickland-standard strickland-v-washington |
Can a court find counsel's conduct to be effective under Strickland v. Washington by positing strategies that hypothetically could have, but demonstra… |
| 20-1084 |
Jefferson S. Dunn, Commissioner, Alabama Department of Corrections v. Matthew Reeves |
Eleventh Circuit |
2021-02-09 |
Judgment Issued |
Amici (1)Relisted (8) |
aedpa aedpa-standard comity federal-review federalism habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel state-court-deference strickland-standard strickland-v-washington |
Whether the Eleventh Circuit violated § 2254(d) by readily attributing error to the state court |
| 20-7079 |
Lorenzo Liwayne Barnes v. United States |
Fourth Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
appeal-rights criminal-appeal criminal-procedure drug-crimes due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel narcotics-distribution perjury sentencing sentencing-factors |
Whether the United States Court of Appeal 4th Circuit violated the Appellant appeal rights |
| 20-7065 |
Anibal Canales, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-02-05 |
Denied |
Amici (2)Relisted (13)IFP |
capital-habeas capital-punishment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence penalty-phase prejudice sixth-amendment Wiggins-v-Smith |
Whether Richter established a higher prejudice standard for penalty phase IAC violations than Wiggins |
| 20-7050 |
Mustafa Muhammad v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-right criminal-procedure due-process indiana-courts ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment |
Whether the Indiana courts erred in denying the petitioner's request for post-conviction relief based on ineffective assistance of counsel |
| 20-7053 |
Hector Manuel Torres v. Texas |
Texas |
2021-02-05 |
Denied |
IFP |
effective-assistance-of-counsel equal-protection fourteenth-amendment ineffective-assistance plea-bargain retroactivity sixth-amendment strickland-standard |
Whether the ruling in Ghaidez V United States deprives certain people of the right to equal protection by allowing defense counsel to withhold a vital… |
| 20-7055 |
Bernard F. Verrett v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
criminal-defense defense-expert due-process expert-witness fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel intent intent-element sixth-amendment strickland-standard |
Whether Strickland requires counsel to procure an adequate defense expert to negate or mitigate the intent element of the crime when that was the only… |
| 20-7035 |
Rondell Slaughter v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure error exhaustion ineffective-assistance legal-concession oral-argument procedural-exhaustion state-court state-court-pleading |
Whether a claim of ineffective assistance of appellate counsel is exhausted when the state-court pleading asserted that appellate counsel rendered ine… |
| 20-6982 |
Misty R. Weed v. Florida |
Florida |
2021-01-28 |
Denied |
Response WaivedIFP |
conflict-of-laws constitutional-rights district-court-conflict due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel manifest-injustice plea-withdrawal sentencing sentencing-discretion |
Did the first district court of appeal create a manifest injustice by ruling in conflict with other district courts on the same legal question, violat… |
| 20-6983 |
Demarcus Cole v. Kevin Myers, Warden |
Sixth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
cellular-phone-evidence certificate-of-appealability criminal-procedure fourth-amendment habeas-corpus illegal-evidence ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress trial-counsel |
Did the Court of Appeals err in denying a Certificate of Appealability on trial counsel was ineffective, when counsel failed to file a pre-trial Motio… |
| 20-6959 |
Mason Somers v. Jay Forshey, Warden |
Sixth Circuit |
2021-01-27 |
Denied |
Response WaivedIFP |
attorney-client-privilege constitutional-rights criminal-procedure discovery due-process ineffective-assistance jail-recordings pre-trial-discovery right-to-counsel trial-counsel |
Whether trial counsel was ineffective for providing discoverable information to his client prior to receiving discovery from the government, resulting… |
| 20-6917 |
Frank McAfee v. United States |
Fifth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
appellate-procedure counsel-performance fifth-circuit ineffective-assistance insufficient-record legal-standard procedural-dismissal sixth-amendment specific-objection strategic-reasons |
Did the Fifth Circuit fail to follow its own law and that of other circuits when it dismissed Mr. McAfee's appeal alleging ineffective assistance beca… |
| 20-6952 |
In Re Russell Adam Pelletier |
|
2021-01-26 |
Denied |
IFP |
civil-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance prosecutorial-fraud prosecutorial-misconduct standing |
Does ignorance of the law bar petitioner from having right to be heard when a miscarriage of justice has occurred? |
| 20-978 |
Poppi Metaxas v. United States |
Second Circuit |
2021-01-22 |
Denied |
Response WaivedRelisted (2) |
certificate-of-appealability constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining reasonable-probability trial |
Whether the petitioner was denied effective assistance of counsel with respect to the plea process |
| 20-6899 |
Cynthia Hudson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-15 |
Denied |
Response WaivedRelisted (2)IFP |
bench-warrant certificate-of-appealability constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court |
Is a state habeas corpus petitioner denied federal constitutional due process when the state habeas court refuses to bench warrant the petitioner to a… |
| 20-6911 |
Dimas Alfaro-Granados v. United States |
Eleventh Circuit |
2021-01-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama rico-enterprise sentencing sixth-amendment vicar |
whether-counsel-was-ineffective |
| 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? |
| 20-6875 |
Jason Pierce v. Nathan Brooks, Warden |
Eleventh Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability court-appointed-counsel criminal-procedure death-penalty faretta-protocol habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-defect structural-defect |
Did the United States Court of Appeals err in failing to issue a Certificate of Appealability from the denial of the Petition for writ of habeas corpu… |
| 20-6880 |
Victor Esquivel, aka Youngster v. United States |
Fifth Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
anders-brief constructive-denial criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel no-merit-brief preserved-objections right-to-counsel right-to-effective-assistance-of-counsel |
Whether Esquivel's Right to Counsel Was Constructively Denied |
| 20-6891 |
Ronald Knight v. Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-01-14 |
Denied |
IFP |
capital-defense capital-sentencing ineffective-assistance ineffective-assistance-of-counsel mental-health mental-health-evidence mitigation-investigation postconviction-relief prejudice strickland-standard strickland-v-washington |
Whether trial counsel has an obligation to conduct a comprehensive mitigation investigation |
| 20-6851 |
Jeffrey Lee Atwater v. Florida |
Florida |
2021-01-13 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-counsel sixth-amendment |
Did Mr. Atwater show a violation of the right to determine the objective of his defense and his right to hold the State to its burden of proof of each… |
| 20-6866 |
Kevin Sutherby v. Sherman Campbell, Warden |
Sixth Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-misconduct warrantless-arrest |
Whether Mr. Sutherby is entitled to a new trial based on newly-discovered-evidence, ineffective-assistance-of-counsel, and illegal-evidence |
| 20-6869 |
Tavarius D. Radford v. Illinois |
Illinois |
2021-01-13 |
Denied |
Response WaivedIFP |
courtroom-closure direct-appeal ineffective-assistance partial-closure public-trial sixth-amendment structural-error waller-v-georgia weaver-v-massachusetts |
whether-public-trial-right-violated |
| 20-6822 |
Rodney Berryman, Sr. v. Ron Davis, Warden |
Ninth Circuit |
2021-01-11 |
Denied |
IFP |
28-usc-2254 criminal-procedure federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mitigation-evidence neuro-psychiatric-testing |
Was the state court's denial of Petitioner's claims contrary to or an unreasonable application of clearly established federal law? |
| 20-6831 |
David Garcia v. United States |
Sixth Circuit |
2021-01-11 |
Denied |
Response WaivedIFP |
circuit-court constitutional-rights criminal-procedure direct-appeal duty-to-adjudicate existing-record ineffective-assistance ineffective-assistance-of-counsel merits sixth-amendment |
Whether a circuit court of appeals has a duty to adjudicate the merits of a Sixth Amendment ineffective-assistance-of-counsel claim raised by a defend… |
| 20-6835 |
Otha S. Hamilton v. Dennis Reagle, Warden |
Seventh Circuit |
2021-01-11 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-conviction expert-witness ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence medical-evidence physical-impossibility priapism-surgery witness-testimony |
Whether the Seventh Circuit erred in finding no substantial showing of the denial of a constitutional right, when trial counsel failed to investigate … |
| 20-6836 |
Julian P. Gutierrez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-11 |
Denied |
IFP |
appellate-counsel appellate-review criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Effective-Assistance-of-Counsel |
| 20-6805 |
Michael M. Williams v. Josh Stein, Warden |
Fourth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
6th-amendment actual-innocence constitutional-violation criminal-procedure exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief state-law-relief trial-counsel |
Did the trial court err in reviewing prisoner Williams' initial motion for post-conviction relief for violations of the 6th Amendment right to effecti… |
| 20-6810 |
Michael Lanier Watkins v. Georgia |
Georgia |
2021-01-08 |
Denied |
IFP |
criminal-procedure defendant-rights due-process ineffective-assistance judicial-discretion lesser-included-offense sixth-amendment trial-counsel |
Did Petitioner receive ineffective assistance of counsel? |
| 20-913 |
Joseph Wilborn v. Alex Jones, Acting Warden |
Seventh Circuit |
2021-01-08 |
Denied |
Response Waived |
circuit-split federal-habeas federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment state-court-decision strickland-standard strickland-v-washington |
Whether a federal court is bound only by the decisions of the Supreme Court in determining whether a state court has unreasonably applied clearly esta… |
| 20-6798 |
Henry Christopher Stubbs v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon |
Third Circuit |
2021-01-07 |
Denied |
IFP |
14th-amendment 6th-amendment AEDPA appellate-review civil-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel |
Whether, during review of the Petitioner's habeas corpus application in the United States District Court, the Petitioner was entitled to de novo revie… |
| 20-6772 |
Christopher J. Spreitz v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2021-01-05 |
Denied |
IFP |
cognitive-impairment ineffective-assistance martinez-rule martinez-v-ryan mitigation-evidence post-conviction-relief procedural-default statutory-mitigating-factor trial-counsel |
When must the court of appeals remand to a court of first instance for application of this Court's intervening decision in Martinez v. Ryan, 566 U.S. … |
| 20-6786 |
Erica Yvonne Sheppard v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-05 |
Denied |
Amici (2)Relisted (2)IFP |
28-usc-2254 batson-challenge batson-v-kentucky fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-selection mitigation-evidence section-2254 wilson-v-sellers |
Whether the Fifth Circuit's application of 28 U.S.C. § 2254(d) survives Wilson v. Sellers and whether the court must consider the impact of all mitiga… |
| 20-6751 |
Roger Darryl Waldrep v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-01-04 |
Denied |
Response WaivedRelisted (2)IFP |
brady-evidence civil-rights due-process habeas-corpus ineffective-assistance self-representation sixth-amendment voluntariness-of-plea |
Does this Supreme Court grant and honor civil rights to all Arizonans and U.S. citizens? |
| 20-6719 |
Lucille Jackson v. John E. Williams, Jr. |
Illinois |
2020-12-29 |
Denied |
Relisted (3)IFP |
civil-procedure claim court-procedure estate estate-claim ineffective-assistance ineffective-assistance-of-counsel judicial-error legal-claim motion probate probate-law |
Whether the court erred in denying Lucille Jackson Williams claim against the estate |
| 20-6680 |
Darryl Taylor v. Timothy E. Buchanan, Warden |
Sixth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process federal-law habeas-corpus ineffective-assistance jackson-v-virginia standard-of-review standing sufficiency-of-evidence |
Whether federal judges should safeguard the constitutional right to a full and fair opportunity for consideration in state courts |
| 20-6652 |
Rex Duane Stephenson v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2020-12-18 |
Denied |
IFP |
collateral-review constitutional-rights criminal-trial direct-appeal federal-habeas-corpus habeas-corpus ineffective-assistance jury-unanimity post-conviction-relief ramos-v-louisiana sixth-amendment |
Whether counsel provides ineffective assistance |
| 20-6625 |
Shane Q. Whipple v. Michael Johnson, et al. |
Eleventh Circuit |
2020-12-15 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-claim criminal-procedure due-process federal-review habeas-corpus ineffective-assistance standing state-court statute-of-limitations |
Whether Marcth Morales Howard should be allowed to stop the prosecution of all defendants in claims? |
| 20-6628 |
Rodane Lamb v. United States |
Eleventh Circuit |
2020-12-15 |
Denied |
Response WaivedIFP |
conspiracy-charges criminal-procedure dea-testimony due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions jury-selection trial-errors |
Was counsel ineffective for not challenging issues |
| 20-6634 |
In Re Karen Denise Chades |
|
2020-12-15 |
Denied |
IFP |
collateral-proceedings constitutional-law constitutional-right due-process ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity strickland-v-washington teague-v-lane trial-counsel |
whether a prisoner has a right to effective counsel in collateral proceedings which provide the first occasion to raise a claim of ineffective assista… |
| 20-6608 |
Zachary Michael Patten v. Michigan |
Michigan |
2020-12-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insanity-defense investigation medication mental-health search-and-seizure |
Question not identified |
| 20-6615 |
Cornell McHenry v. Texas, et al. |
Fifth Circuit |
2020-12-11 |
Denied |
IFP |
conflict-of-interest constitutional-law criminal-procedure due-process evidence habeas-corpus ineffective-assistance judicial-discretion prosecutorial-misconduct standard-of-review witness-testimony |
Did the 11th Circuit err in deferring to the State Court finding that Mr. McHenry was not prejudiced by trial counsel's conflict of interest and failu… |
| 20-6618 |
Marcel Malachowski v. United States |
Second Circuit |
2020-12-11 |
Denied |
Response WaivedIFP |
appellate-review brady-v-united-states civil-rights constitutional-challenge due-process extra-judicial-circumstances habeas-corpus impartiality ineffective-assistance ineffective-assistance-of-counsel strickland-v-washington |
Whether an appeal brought under 28 U.S.C. 2255 is subject to the avenue of relief granted when an appellate court fails to adequately resolve ineffect… |
| 20-6584 |
Richard Olive v. United States |
Sixth Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance plea-bargaining prejudice right-to-counsel sixth-amendment strickland-v-washington |
What do Missouri v. Frye and Lafler v. Cooper require to demonstrate prejudice from counsel's failure to advise on a plea offer? |
| 20-6548 |
Tamral Guzman v. United States |
Sixth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief |
Whether the district court deprived the defendant of her Sixth and Fourteenth Amendment rights by denying her ineffective assistance of counsel claim … |
| 20-6567 |
Kedrio Lekeis Summerville v. United States |
Fourth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-claim criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-withdrawal post-conviction-relief |
Was the post-conviction counsel ineffective? |
| 20-6530 |
Jamel Mobley v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-12-07 |
Denied |
Response WaivedIFP |
appellate-preservation appellate-process constitutional-ineffectiveness fair-trial ineffective-assistance ineffective-assistance-of-counsel new-trial-standard right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel |
Whether trial counsel can be constitutionally ineffective under Strickland v. Washington, 466 U.S. 668 (1984) for failing to preserve an issue for pur… |
| 20-6547 |
David Franklin McNees, Jr. v. Michigan |
Michigan |
2020-12-07 |
Denied |
Relisted (2)IFP |
actual-innocence brady-violation due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Did the federal and state courts abuse their discretion in denying petitioner's motion for a new trial and Ginther hearing? |
| 20-776 |
Gregory Williams v. Leonta Jackson, Warden |
Seventh Circuit |
2020-12-07 |
Denied |
Response Waived |
criminal-defendant criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-exposure strickland-standard strickland-test |
When a criminal defendant is considering whether to accept a plea offer, is defense counsel's failure to advise the defendant of his or her sentencing… |
| 20-6502 |
Sean P. Reilly v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2020-12-02 |
Dismissed |
Response WaivedIFP |
2254-petition federal-habeas habeas habeas-corpus ineffective-assistance martinez-rule martinez-v-ryan post-conviction post-conviction-relief trial-counsel trial-counsel-claim |
Does a federal habeas petitioner forfeit his or her opportunity to invoke Martinez v. Ryan, 182 S. Ct. 1309 (2012), and bring forth an otherwise unexh… |
| 20-6503 |
George J. Raudenbush, III v. Monroe County, Tennessee, et al. |
Sixth Circuit |
2020-12-02 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights collateral-estoppel due-process false-prosecution in-forma-pauperis ineffective-assistance police-brutality right-to-counsel |
Whether the Sixth Circuit erred by denying Raudenbush's application to proceed in forma pauperis |
| 20-722 |
Rodney Anton Williamson v. United States |
Fourth Circuit |
2020-11-25 |
Denied |
Response Waived |
certificate-of-appealability conflict-of-interest habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massiah-v-united-states right-to-counsel rule-33-motion section-2255 sixth-amendment |
Right to counsel violation |
| 20-721 |
Katie Garding v. Montana |
Montana |
2020-11-24 |
Denied |
Response Waived |
6th-amendment accident-reconstruction effective-assistance-of-counsel expert-testimony ineffective-assistance professional-norms sixth-amendment strickland-standard strickland-v-washington |
Whether trial counsel's failure to consult and call an expert witness in the field of accident reconstruction was objectively unreasonable under preva… |
| 20-707 |
Duane Joseph Johnson v. Eric D. Wilson, Warden |
District of Columbia |
2020-11-23 |
Denied |
Response WaivedRelisted (2) |
appellate-counsel brady-standard brady-v-maryland due-process habeas habeas-corpus ineffective-assistance preponderance-standard strickland-standard strickland-v-washington |
Must a habeas petitioner asserting ineffective assistance of appellate counsel establish by a preponderance that counsel's omitted argument was merito… |
| 20-708 |
Joe Nathan James v. Terry Raybon, Warden, et al. |
Eleventh Circuit |
2020-11-23 |
Denied |
|
28-U.S.C.-2254-d appellate-review evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-health-evidence mitigation-evidence post-conviction-review strickland-standard |
Whether the Court of Appeals failed to follow the review requirements of 28 U.S.C. § 2254(d) and the case law produced surrounding Strickland-v-Washin… |
| 20-6391 |
Timothy Ronald Hare v. Michigan |
Michigan |
2020-11-20 |
Denied |
IFP |
constitutional-standard critical-stage effective-assistance ineffective-assistance lafler-v-cooper plea-bargaining prejudice prejudice-analysis right-to-counsel sixth-amendment united-states-v-cronic |
Does the requirement to prove prejudice under Lafler v Cooper place a burden on the accused that is deemed unnecessary in United States v Cronic |
| 20-6370 |
David Merritt v. Robert May, Warden, et al. |
Third Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule procedural-default rule-60 substantial-claim wrongful-conviction |
Did the Third Circuit's denial of a Rule 60(b)(6) motion constitute clear error in declining to issue a certificate of appealability |
| 20-6380 |
China Hester v. United States |
Sixth Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
certiorari counsel criminal-procedure district-court due-process habeas-corpus ineffective-assistance legal-proceeding remand reversal-and-remand right-to-counsel standards-of-review |
Whether Ms. Hester may have received ineffective-assistance-of-counsel |
| 20-6383 |
Vincent McFadden v. Missouri |
Missouri |
2020-11-19 |
Denied |
IFP |
fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence prejudice-assessment rompilla sixth-amendment strickland-standard wiggins williams |
Whether the Missouri Supreme Court's application of Strickland violated the Sixth and Fourteenth Amendments |
| 20-6385 |
Jason D. Devers v. Nebraska |
Nebraska |
2020-11-19 |
Denied |
Relisted (2)IFP |
constitutional-claims conviction-of-sole-participant criminal-procedure due-process felony-murder habeas-corpus ineffective-assistance pinkerton-doctrine post-conviction-relief state-court-review sufficiency-of-evidence trial-attorney-affidavit |
Did the State of Nebraska commit error when it convicted the defendant of felony murder using the Pinkerton doctrine when there is no principal and th… |
| 20-6390 |
Rigoberto Cabrera v. United States |
Eleventh Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-amount prosecutorial-misconduct sentencing sentencing-error witness-testimony |
Whether Cabrera received ineffective assistance of counsel |
| 20-6361 |
Robert L. Davis v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-11-17 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-review standing weight-of-evidence |
Whether the weight of the evidence supports the defendant-petitioner's claim that counsel lied about a material issue, resulting in ineffective assist… |
| 20-6332 |
Cecil Salyers v. Kentucky |
Kentucky |
2020-11-16 |
Denied |
Response WaivedIFP |
concurrent-sentences consecutive-sentences constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice sentencing-prejudice sixth-amendment strickland strickland-standard |
Whether the Kentucky Court of Appeals correctly interpreted the Sixth Amendment in holding the petitioner cannot demonstrate prejudice under Stricklan… |
| 20-6303 |
Lamar Whatley v. Illinois |
Illinois |
2020-11-13 |
Denied |
IFP |
aggravating-factors constitutional-challenge de-novo eighth-amendment ineffective-assistance judicial-discretion mitigating-factors sentencing sentencing-discretion separation-of-powers sixth-amendment |
Whether the separation of powers clause allows the legislature to limit the scope of judicial discretion in sentencing by deeming certain aggravating … |
| 20-6309 |
Emilio Urena-Villa v. United States |
Ninth Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
constitutional-claim constitutional-law counsel-performance criminal-procedure fourth-amendment ineffective-assistance ineffective-assistance-of-counsel kimmelman-v-morrison motion-to-suppress strickland-standard strickland-v-washington |
Whether appointed counsel was ineffective for failure to file viable motion to suppress pursuant to Fourth Amendment claim |
| 20-6310 |
Dean Phillip Carter v. Ron Broomfield, Acting Warden |
Ninth Circuit |
2020-11-13 |
Denied |
IFP |
28-usc-2254d1 attorney-client-conflict due-process fetal-alcohol-syndrome fundamental-rights habeas-corpus holloway-v-arkansas ineffective-assistance strickland-standard strickland-v-washington |
Whether a trial court has a duty to inquire into a conflict between a defendant and his attorney that implicates fundamental rights |
| 20-6315 |
Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-11-13 |
Denied |
IFP |
criminal-charges criminal-procedure double-jeopardy due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause sixth-amendment victim-testimony witness-testimony |
Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to trial counsel's conduct involving dishonesty tha… |
| 20-6322 |
George A. Christian v. Oklahoma |
Oklahoma |
2020-11-13 |
Dismissed |
IFP |
constitutional-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez martinez-standard post-conviction-relief procedural-default state-denial |
Whether the State's denial of the post-conviction relief establish cause for any procedural default to be excused and considered on this issue anew in… |
| 20-6275 |
William Ford v. Mike Parris, Warden |
Sixth Circuit |
2020-11-12 |
Denied |
IFP |
burden-of-proof ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-post-conviction-counsel post-conviction-counsel prejudice-prong procedural-default self-defense sufficiency-of-the-evidence trial-counsel |
Would jurist of reason disagree and find debatable the correctness of the Sixth and District Courts' finding of effective assistance of counsel |
| 20-6276 |
Arek R. Fressadi v. Arizona, et al. |
Arizona |
2020-11-12 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-violations court-rules due-process equal-protection first-amendment ineffective-assistance judicial-misconduct judicial-review oath-of-office procedural-default self-defense state-law supreme-court trial-counsel venue-transfer venue-transfer
20-6275" Would a jurist of reason find debatable the correc |
Whether failures to apply mandatory language of the U.S. Constitution, U.S. Supreme Court rulings, state law, and court rules are violations of the Du… |
| 20-6279 |
Bodhisattva Skandha v. Superior Court of Massachusetts, Middlesex County, et al. |
Massachusetts |
2020-11-12 |
Denied |
IFP |
civil-procedure court-discretion due-process effective-assistance-of-counsel full-faith-and-credit full-faith-credit ineffective-assistance judicial-procedure mental-condition standing standing-doctrine |
Whether the lower court abused its discretion by dismissing the complaint? |
| 20-6283 |
Robert Brownlee v. Mark Capozza, Superintendent, State Correctional Institution at Fayette |
Third Circuit |
2020-11-12 |
Denied |
Response WaivedRelisted (2)IFP |
amendment constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining statutory-interpretation |
Whether trial counsel was constitutionally ineffective |
| 20-646 |
Michael Tyler Baggott v. Florida |
Florida |
2020-11-12 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice sex-offender-registration |
Whether the reasoning of Lee v. United States extends to defendants facing lifelong sex offender registration conditions |
| 20-6263 |
Haider Salah Abdulrazzak v. Brent Fluke, Warden, et al. |
Eighth Circuit |
2020-11-10 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-claims direct-appeal due-process evidentiary-hearing exhaustion-doctrine habeas-corpus ineffective-assistance standing state-court trial-attorney |
Whether petitioner is entitled to a copy of the state habeas evidentiary hearing record under the Due Process Clause |
| 20-644 |
Terrence Pendergrass v. United States |
Second Circuit |
2020-11-10 |
Denied |
Response Waived |
buck-v-davis certificate-of-appealability civil-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance motion-to-vacate second-circuit summary-dismissal |
Did the Second Circuit err in denying Petitioner's motion for a certificate of appealability where the district court conducted a merits analysis in s… |
| 20-6245 |
Jovon C. Davis v. Willis Chapman, Warden |
Sixth Circuit |
2020-11-09 |
Denied |
Response WaivedIFP |
constitutional-rights due-process effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance jury-selection sixth-amendment trial-counsel |
Denial of Sixth and Fourteenth Amendment rights |
| 20-6257 |
Finnis Davis, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-11-09 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel medical-records murder-evidence |
Whether the state presented sufficient evidence to convict Mr. Davis of attempted capital murder |
| 20-6259 |
Angela de Jesus-Concepcion v. United States |
Third Circuit |
2020-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misrepresentation sentencing sixth-amendment |
Whether Petitioner's Sixth Amendment right to the effective assistance of counsel was impermissibly violated |
| 20-6210 |
Deondre Arthur Staten v. Ronald Davis, Warden |
Ninth Circuit |
2020-11-04 |
Denied |
IFP |
federal-deference habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prima-facie-case state-court-procedure state-court-procedures strickland-standard strickland-v-washington |
Whether federal court deference to state court summary disposition of habeas claims includes deference to state court's established process and proced… |
| 20-6184 |
I. Dean Fulton v. Kathy Brittain, Superintendent, State Correctional Institution at Frackville, et al. |
Third Circuit |
2020-11-03 |
Denied |
Response WaivedIFP |
aggravated-assault buck-v-davis certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence third-circuit |
whether-the-third-circuit-court-of-appeals-violated-buck-v-davis |
| 20-6208 |
Ira L. Jackson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-11-03 |
Denied |
IFP |
appeals civil-rights constitutional-due-process counsel-representation district-court-writ due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion procedural-errors standing |
Whether the Elevant Circuit was in error when it failed to grant the certificate of appealability |
| 20-6183 |
Timothy N. Hatton v. Mark R. Sevier, Superintendent, New Castle Correctional Facility |
Seventh Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process federal-review habeas-corpus ineffective-assistance sixth-amendment standing |
Question not identified |
| 20-6165 |
James Edward Sandford, III v. United States |
Second Circuit |
2020-10-29 |
Denied |
Relisted (2)IFP |
circuit-split criminal-procedure felon-in-possession fourth-circuit ineffective-assistance plain-error-rule rehaif-standard rehaif-v-united-states second-circuit sixth-amendment |
Should the Court grant certiorari to resolve the Circuit split regarding the plain error rule between the Second and Fourth Circuits as it applies to … |
| 20-6140 |
Roger Jose Almanzar v. United States |
First Circuit |
2020-10-27 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability counsel-performance due-process first-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment |
Did the First Circuit err in not granting a certificate of appealability on the merits of the claims of ineffective assistance of counsel |
| 20-548 |
Jessie Eugene Shelton v. Robert C. Tanner, Warden |
Fifth Circuit |
2020-10-26 |
Denied |
Response Waived |
5th-amendment 6th-amendment due-process improper-jurisdiction ineffective-assistance ineffective-assistance-of-counsel pro-se-filing prosecutorial-misconduct |
Whether a pro se filing by petitioner in 2012 to the District Court, alleging ineffective assistance of counsel and an invalid plea would deny a secon… |
| 20-6107 |
Larry Michael Maples v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-10-23 |
Denied |
IFP |
constitutional-rights controversial-evidence due-process evidentiary-hearing findings-of-fact habeas-corpus ineffective-assistance lower-courts pillow state-evidence |
Whether an accused's Due-Process Rights are violated when all lower courts deny an Evidentiary Hearing on controversial evidence and picture of a pill… |
| 20-6118 |
Ramon Wall v. Melissa Hainsworth, Superintendent, State Correctional Institution at Laurel Highlands, et al. |
Third Circuit |
2020-10-23 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation due-process equal-rights ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice misconduct plea-agreement prosecutorial-misconduct |
Ineffective assistance of counsel prejudiced the petitioner, creating a miscarriage of justice |
| 20-6121 |
Jesus Adam Lizarraga v. United States |
Eighth Circuit |
2020-10-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability eighth-circuit guilty-plea ineffective-assistance ineffective-assistance-of-counsel massaro-precedent massaro-v-united-states procedural-default |
Whether the Eight Circuit's denial of a certificate of appealability |
| 20-6124 |
Jose Maria Loaiza-Gaspar v. United States |
Fifth Circuit |
2020-10-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process guideline-sentence ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw reasonableness sentencing sentencing-guidelines |
Whether the United States Court of Appeals for the Sixth Circuit abused its discretion when it granted appointed counsel's motion to withdraw and dism… |
| 20-6089 |
Jermaine D. Hill v. Catherine S. Bauman, Warden |
Sixth Circuit |
2020-10-21 |
Denied |
Response WaivedIFP |
constitutional-rights due-process equitable-tolling ineffective-assistance ineffective-assistance-of-counsel juvenile-sentencing life-without-parole miller-hearing retroactivity statute-of-limitations |
Whether a juvenile filing for relief on January 23, 2016 is entitled to the 1 year statute of limitation and equitable tolling under Montgomery v. Lou… |
| 20-6106 |
Rafael Cruz v. United States |
Fifth Circuit |
2020-10-21 |
Denied |
Response WaivedIFP |
civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness |
Whether the district court erred in denying the defendant's request for a certificate of innocence, when the defendant had pled guilty to 'hostage tak… |
| 20-531 |
Derek Hutter v. United States |
Fifth Circuit |
2020-10-21 |
Denied |
Response Waived |
28-usc-2253 appellate-review certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-hearing |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability |
| 20-6065 |
Delmar Reinheimer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-10-20 |
Denied |
Response WaivedIFP |
aedpa antiterrorism-and-effective-death-penalty-act collateral-consequences collateral-consequences-of-conviction exhaustion-doctrine failure-to-advise federal-habeas-corpus habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Under the Sixth Amendment and the Antiterrorism and Effective Death Penalty Act (AEDPA), is a claim of ineffective-assistance-of-counsel regarding col… |
| 20-6067 |
Angeledith Saramaylene Smith v. United States |
Ninth Circuit |
2020-10-20 |
Denied |
Response WaivedIFP |
certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-agreement sentencing sentencing-disparity |
Whether the Ninth Circuit's methodology for denying a COA is out of step with Supreme Court directive |
| 20-6078 |
Delmart E. J. M. Vreeland, II v. David Zupan, Warden, et al. |
Tenth Circuit |
2020-10-20 |
Denied |
IFP |
civil-procedure discovery discovery-violation due-process exhaustion fraud habeas-corpus ineffective-assistance miscarriage-of-justice rule-60 |
Should the judgment on habeas corpus be void for failure to adhere to due process requirements before entering judgment |
| 20-6079 |
In Re Dale McKenzie |
|
2020-10-20 |
Denied |
IFP |
constitutional-violation conviction-challenge criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sentencing sentencing-error trial-court-discretion unconstitutional-law void-conviction |
Has prejudice been shown where the trial court overruled the defendant's motion for continuance to show that his prior Georgia conviction was void, an… |
| 20-6087 |
Tana Chris Lawrence v. United States |
Ninth Circuit |
2020-10-20 |
Denied |
Response WaivedIFP |
certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-agreement sentencing sentencing-disparity standard-of-review |
Whether the Ninth Circuit's methodology for denying a COA is out of step with Supreme Court directive |
| 20-6045 |
Aaron E. Choat v. Rick Coursey, Superintendent, Eastern Oregon Correctional Institution |
Ninth Circuit |
2020-10-16 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
collateral-review exculpatory-evidence impeachment ineffective-assistance non-unanimous-jury ramos-v-louisiana sixth-amendment sixth-amendment-retroactivity witness-impeachment |
Whether counsel provides ineffective assistance |
| 20-6051 |
Jonathan Ortiz-Torres v. United States |
First Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement sentencing sixth-amendment voluntariness |
Should a writ of certiorari should be granted to determine if trial counsel renders ineffective assistance when he fails to advise his client that the… |
| 20-507 |
Tony Mays, Warden v. Anthony Darrell Dugard Hines |
Sixth Circuit |
2020-10-16 |
Judgment Issued |
Relisted (4) |
antiterrorism-act antiterrorism-and-effective-death-penalty-act capital-trial death-penalty habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-circuit sixth-circuit-review strickland-standard strickland-v-washington |
Whether the Sixth Circuit's decision conflicts with the Court's precedents governing claims of ineffective assistance of counsel under the Antiterrori… |
| 20-6020 |
Nasser Mohamad Bazzi v. Michigan |
Michigan |
2020-10-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel interpreter-rights interpreters sixth-amendment structural-error |
Was the Arabic-speaking appellant denied effective assistance of counsel during critical stages of the proceedings, for which prejudice is presumed, w… |
| 20-6024 |
Keinald V. Parnell v. Scott R. Frakes, Director, Nebraska Department of Correctional Services |
Eighth Circuit |
2020-10-15 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence post-conviction-relief prosecutorial-misconduct |
Whether the Eighth Circuit Court of Appeals erred in denying a certificate of appealability |
| 20-6036 |
Torrey Washington v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-10-15 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance jury-instructions prosecutorial-misconduct |
Whether the prosecution failed to prove guilt beyond a reasonable doubt? |
| 20-6037 |
David Williard v. Illinois |
Illinois |
2020-10-15 |
Denied |
Response WaivedIFP |
14th-Amendment 5th-Amendment 6th-Amendment Alibi-Witnesses constitutional-rights Due-Process Eyewitness-Identification ineffective-assistance reasonable-doubt sixth-amendment |
Ineffective-Assistance-of-Counsel |
| 20-6040 |
Charlie Bell Bullock v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-10-15 |
Denied |
IFP |
capital-punishment confrontation-clause criminal-procedure cross-examination ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence professional-norms sentencing-phase sixth-amendment standard-of-review victim-rights |
Does the Confrontation Clause require a victim to be made available for cross-examination if pictures of them are submitted, and is counsel ineffectiv… |
| 20-6006 |
Terrance Leon Washington v. Crystal Willett, Superintendent, Meherrin River Regional Jail |
Fourth Circuit |
2020-10-14 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process entrapment ineffective-assistance prosecutorial-misconduct state-court-conviction |
How can law enforcement's warrantless search and seizure with fraudulent search warrants and issue a wrong indictment |
| 20-6016 |
George A. Christian v. Oklahoma |
Oklahoma |
2020-10-14 |
Dismissed |
IFP |
civil-rights due-process habeas-corpus ineffective-assistance martinez martinez-rule post-conviction-relief procedural-default standing state-denial |
Whether the State's denial of the post-conviction relief establish cause for any procedural default to be excused and considered on this issue anew in… |
| 20-5973 |
Efrain Santos v. Stewart Eckert, Superintendent, Wende Correctional Facility |
Second Circuit |
2020-10-09 |
Denied |
IFP |
certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct second-circuit sixth-amendment |
Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Court d… |
| 20-5953 |
Alex Lenard McCoy v. United States |
Fourth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
andrus-v-texas certificate-of-appealability counsel-performance discovery due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255 sixth-amendment |
Was trial counsel ineffective in his directive to advise McCoy to plead guilty by failing to review the government's discovery in violation of this co… |
| 20-5961 |
Lemar Gant v. Brian Williams, Sr., et al. |
Ninth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-duty criminal-procedure due-process habeas-corpus ineffective-assistance prejudice state-court-review strickland-v-washington witness-investigation |
Whether the Ninth Circuit erroneously concluded Gant could not establish ineffective-assistance-of-counsel |
| 20-5962 |
Erik Diaz-Colon v. United States |
First Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
civil-rights-conspiracy constitutional-rights constructive-amendment deprivation-of-rights ineffective-assistance plea-agreement right-to-testify trial-counsel |
Whether petitioner's trial counsel rendered ineffective assistance |
| 20-5963 |
Daniel Edward Murray v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-10-08 |
Denied |
IFP |
aedpa aedpa-time-calculation hipaa hipaa-restrictions ineffective-assistance ineffective-counsel medical-records medical-records-disclosure plea-agreement plea-agreements pro-se pro-se-litigation |
If there is a set of plea agreements taken at the same time and the court of appeals reverses a part of the appealed agreement, does this start the AE… |
| 20-448 |
Kenneth Ray Strickland v. Texas |
Texas |
2020-10-08 |
Denied |
|
appellate-review assault corpus-delicti directed-verdict due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel summary-rejection summation trial-counsel |
Whether the appellate court's rejection of the trial court's favorable fact findings violated due process |
| 20-5934 |
Thomas Holden v. Sherry L. Burt, Warden |
Sixth Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
appellate-procedure conflict-with-supreme-court constitutional-review due-process federal-law ineffective-assistance premeditated-intent right-to-counsel sixth-amendment sixth-circuit strickland-standard trial-court-error |
Whether a United States Court of Appeal's has decided an important question of federal law that conflicts with relevant decisions of this Court |
| 20-436 |
Thomas Haugabook v. Walter Bery, Warden |
Georgia |
2020-10-06 |
Denied |
Response Waived |
child-molestation child-testimony criminal-defense expert-testimony forensic-interview habeas habeas-corpus ineffective-assistance strickland-standard strickland-v-washington |
Did the Habeas Court err in not finding that trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668 (1984) when counsel failed to … |
| 20-5856 |
Alimamy Barrie v. Matthew M. Robinson |
Fourth Circuit |
2020-10-01 |
Denied |
IFP |
appellate-counsel civil-rights constitutional-rights due-process federal-court habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief procedural-rules strickland-v-washington |
Whether an Omission by habeas Counsel to include a Supporting fact that Appellate Counsel was Ineffective |
| 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… |
| 20-5821 |
Calvin Simpson v. Illinois |
Illinois |
2020-09-28 |
Denied |
IFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sexual-assault due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct sexual-assault |
Whether the defendant's 6th Amendment right to effective assistance of counsel was violated when his trial counsel failed to present evidence of the e… |
| 20-5826 |
Chris Anthony George v. Raymond Madden, Warden |
Ninth Circuit |
2020-09-28 |
Denied |
IFP |
appellate-procedure civil-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel party-presentation plea-bargaining pro-se pro-se-petition sua-sponte |
Whether the Ninth Circuit violated the principle of party presentation by raising and deciding an issue sua sponte in petitioner's habeas appeal |
| 20-5786 |
William Earl Sweet v. Florida |
Florida |
2020-09-25 |
Denied |
IFP |
actual-innocence constitutional-violations eighth-amendment giglio-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel postconviction-proceedings suspension-clause |
Whether the Eighth Amendment and the Suspension Clause require that an individual have a fair opportunity to show actual-innocence in state-court and … |
| 20-5806 |
Anthony Rogelio Griego v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2020-09-25 |
Denied |
Response WaivedIFP |
28-usc-2254d2 28-usc-2254e1 collateral-review constitutional-rights due-process habeas-corpus Hill-v-Lockhart's-prejudice-analysis ineffective-assistance ineffective-assistance-of-counsel retroactivity strickland-standard |
Whether the state court's decision was contrary to or involved an unreasonable application of Strickland-v-Washington's-deficient-performance-analysis |
| 20-5781 |
Abdur-Rashid Muhammad v. Nebraska |
Nebraska |
2020-09-24 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel jurisdiction plea-agreement subject-matter-jurisdiction void-conviction |
habeas-corpus |
| 20-5782 |
Harold Warren v. Indiana |
Indiana |
2020-09-24 |
Denied |
Response WaivedIFP |
due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel prejudice-prong sixth-amendment standard-of-review stare-decisis strickland-standard strickland-v-washington |
Whether the Indiana Court of Appeals' precedent has set the bar for the Strickland v. Washington prejudice prong too high |
| 20-5788 |
Edward James Wilkins v. Washington |
Washington |
2020-09-24 |
Denied |
IFP |
6th-amendment capital-punishment civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief |
Whether Mr. Wilkins' 6th Amendment constitutional right to a constitutionally sufficient trial was violated |
| 20-5729 |
Amos Westmoreland v. Glen Johnson, Warden, et al. |
Eleventh Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
actual-conflict-of-interest conflict-of-interest cuyler-v-sullivan due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-bar procedural-default sixth-amendment strickland-v-washington |
Does the 11th Circuit decision conflict with Martinez v. Ryan? |
| 20-5736 |
David P. Moran v. Florida |
Florida |
2020-09-17 |
Denied |
Response WaivedIFP |
anders-brief appellate-counsel fla-r-app-p-9-141(d) habeas-corpus ineffective-assistance merits-review pro-se-litigant standing writ-of-review |
Does the United States Supreme Court have the authority to review the underlying merits of an issue when the action being challenged is a petition for… |
| 20-5743 |
Johnny Melendez v. United States |
First Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
career-criminal-act constitutional-rights ineffective-assistance narcotics-possession prior-conviction right-to-counsel sentencing sentencing-enhancement |
Whether counsel rendered ineffective assistance by allowing the court to rely on a prior conviction for sentencing purposes absent court documents to … |
| 20-363 |
Frederick R. Whatley v. Warden, Georgia Diagnostic and Classification Prison |
Eleventh Circuit |
2020-09-17 |
Denied |
Amici (1)Relisted (12) |
circuit-split federal-law habeas habeas-corpus holbrook-v-flynn ineffective-assistance ineffective-assistance-of-counsel prejudice shackling strickland-standard strickland-v-washington |
Does a state court unreasonably apply federal law when, in determining whether a person suffered prejudice as a result of ineffective assistance of co… |
| 20-5712 |
Marcus Vernell Coleman v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process fifth-circuit ineffective-assistance new-trial prejudice right-of-confrontation strickland-standard strickland-v-washington |
Did the federal Fifth Circuit Court of Appeal apply the correct legal standard in accordance to Strickland's prejudicial prong when petitioner(s) righ… |
| 20-5719 |
Efrain Camarill Cruz v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
certificate-of-appealability double-jeopardy federal-jurisdiction guilty-plea habeas habeas-corpus ineffective-assistance mental-illness plea-bargaining |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability |
| 20-5721 |
Sheyna Douprea v. Janel Espinoza, Warden |
Ninth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
battered-woman-syndrome ineffective-assistance ineffective-assistance-of-counsel mental-health post-traumatic-stress-disorder prejudice prejudice-analysis self-defense strickland-standard strickland-v-washington |
was-douprea-required-to-establish-a-reasonable-probability-of-a-total-acquittal |
| 20-5698 |
Adrian Hernandez v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2020-09-15 |
Denied |
Response WaivedIFP |
due-process fair-trial federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-selection post-conviction procedural-default racial-bias standing state-court |
whether-a-petitioner-was-denied-a-fair-trial-when-a-juror-stated-she-could-not-be-impartial |
| 20-5699 |
Abdur-Rashid Muhammad v. Nebraska |
Nebraska |
2020-09-15 |
Denied |
Response WaivedIFP |
constitutional-error court-jurisdiction due-process habeas-corpus ineffective-assistance ineffective-counsel jurisdiction plea-agreement void-conviction void-judgment |
issues-being-raised |
| 20-5680 |
Larry R. Steele v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-09-14 |
Rehearing |
Relisted (2)IFP |
civil-procedure civil-rights collateral-estoppel constitutional-violations due-process federal-review habeas-corpus ineffective-assistance post-conviction-relief res-judicata standing state-court-review |
Whether the district court erred in dismissing petitioner's civil rights claims as barred by res judicata and collateral estoppel |
| 20-5664 |
Marcus Hanserd v. Tony Trierweiler, Warden |
Sixth Circuit |
2020-09-11 |
Denied |
IFP |
civil-procedure federal-rules-of-civil-procedure ineffective-assistance ineffective-assistance-of-counsel relate-back relate-back-doctrine rule-15c sixth-circuit sixth-circuit-court-of-appeals standard-of-review |
Is there a conflict among the circuits as to the proper standard of review for Federal Rules Civil Procedure Rule 15(c), relate-back provision; does p… |
| 20-5674 |
In Re James Ward |
|
2020-09-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance missouri-v-frye plea-bargaining sentencing sixth-amendment strickland-standard strickland-v-washington |
Ineffective-assistance-of-counsel |
| 20-5676 |
Leon Venegas, Jr. v. Randee Rewerts, Warden |
Sixth Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure due-process effective-assistance-of-counsel exculpatory-evidence faretta-inquiry ineffective-assistance jury-selection self-representation timely-request |
Does a state trial court deprive a criminal defendant of their constitutional right to self-representation? |
| 20-5651 |
Christopher R. Gish v. Randall Hepp, Warden |
Seventh Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure hill-v-lockhart immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states plea-bargaining prejudice-standard |
Whether Lee v. United States represents a narrow exception to Hill v. Lockhart's more general rule that is focused on the likelihood of success at tri… |
| 20-5629 |
Lester Waller v. Vance Laughlin, Warden |
Georgia |
2020-09-09 |
Denied |
Response WaivedIFP |
due-process expert-witness-testimony fourteenth-amendment ineffective-assistance prosecutorial-misconduct right-to-counsel sixth-amendment trial-court-error waiver-of-counsel |
Did the Trial Court err when it determined Defendant's waiver of counsel was valid thus , violating his Sixth Amendment Right to Counsel and his Fourt… |
| 20-5641 |
Steven Turbi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-09-09 |
Denied |
IFP |
appeals appellate-review circuit-court civil-rights counsel-performance due-process habeas-corpus ineffective-assistance legal-standard strickland |
Whether the Eleventh Circuit Court of Appeals erred in rejecting Petitioner's claims regarding allegations of counsel being ineffective according to t… |
| 20-5611 |
Andy Buxton v. Josh Shapiro, Attorney General of Pennsylvania, et al. |
Third Circuit |
2020-09-08 |
Denied |
Response WaivedIFP |
civil-rights due-process federal-appeal habeas-corpus ineffective-assistance legal-representation post-conviction-relief procedural-default |
Whether claims of ineffective assistance of post-conviction counsel could serve as cause to excuse the procedural default of a claim of trial counsel'… |
| 20-5618 |
Adrian D. Riley v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2020-09-08 |
Denied |
Response WaivedIFP |
28-usc-2254 appellate-review cullen-v-pinholster federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2254 sixth-amendment strickland-v-washington |
Whether the court of appeals failed to follow this Court's federal habeas jurisprudence |
| 20-5592 |
Christopher Lipsey, Jr. v. D. Goree, et al. |
Ninth Circuit |
2020-09-04 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-claim due-process federal-review frivolous habeas-corpus ineffective-assistance malicious procedural-default standing state-court-review |
Whether the district court's dismissal of a complaint as frivolous, malicious, or for failure to state a claim constitutes a strike under 28 U.S.C. § … |
| 20-5569 |
Carlos Garcia-Toro v. Ohio |
Ohio |
2020-09-03 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-defense criminal-procedure fourteenth-amendment homicide ineffective-assistance right-to-counsel sixth-amendment |
Does the Sixth and Fourteenth Amendment of the federal Constitution guarantee the right to conflict free counsel if defense counsel represents multipl… |
| 20-5590 |
Manuel Chacon-Lara v. United States |
Fifth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
constitutional-right constitutional-rights due-process fast-track fifth-circuit fifth-circuit-court-of-appeals ineffective-assistance ineffective-assistance-of-counsel pre-trial-proceedings pre-trial-stage sentence-reduction sentencing |
Did the Fifth Circuit Court of Appeals err in determining there was no 'Substantial Showing of Denial of a Constitutional Right' when Chacon-Lara argu… |
| 20-5574 |
Jose Luis Torres v. Jamey Luther, Superintendent, State Correctional Institution at Smithfield, et al. |
Third Circuit |
2020-09-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-provisions deficient-performance due-process habeas-corpus ineffective-assistance multiplicious-offenses plea-agreement plea-bargaining procedural-default |
Whether the lower courts erred in denying habeas corpus relief despite the petitioner's claims of ineffective assistance of counsel, multiplicious off… |
| 20-5498 |
John Silvia, Jr. v. United States |
First Circuit |
2020-08-26 |
Denied |
Response WaivedIFP |
attorney-performance client-representation criminal-procedure discovery evidence-preservation exculpatory-evidence expert-consultation expert-witness ineffective-assistance ineffective-assistance-of-counsel subpoena witness-interview |
Whether an attorney provided effective assistance of counsel |
| 20-5492 |
Ray Lamar Johnston v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-08-25 |
Denied |
IFP |
appellate-review caldwell-v-mississippi capital-punishment constitutional-claims death-penalty due-process habeas-corpus hurst-v-florida ineffective-assistance jury-instructions procedural-default |
Whether the Eleventh Circuit should have remanded or expanded the appeal |
| 20-5473 |
Andres Chavez v. United States |
Fifth Circuit |
2020-08-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing |
Whether Chavez was denied due process when he was misled into entering a guilty plea |
| 20-5448 |
Antonio Williams v. William J. Pollard, Warden |
Seventh Circuit |
2020-08-21 |
Denied |
Response WaivedIFP |
aedpa-standards antiterrorism-and-effective-death-penalty-act appellate-counsel certificate-of-appealability constitutional-rights effective-assistance-of-counsel habeas-corpus habeas-relief ineffective-assistance interest-of-justice newly-discovered-evidence |
Whether federal courts should or must consider the restrictive standards for granting habeas relief under the Antiterrorism and Effective Death Penalt… |
| 20-5423 |
Edwin Jassiel Peralta-Castro v. United States |
Fifth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
constitutional-rights due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-proceedings pre-trial-stage sentencing-exposure |
Did the Fifth Circuit Court of Appeals err in determining there was no 'Substantial Showing of Denial of a Constitutional Right' — Failure to Explain … |
| 20-5425 |
Rasheen J. Gamble v. New York |
New York |
2020-08-20 |
Denied |
IFP |
confrontation-clause criminal-procedure cumulative-error dna-evidence due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Was defense counsel ineffective for consenting to the prosecutor's extremely untimely request for a DNA sample? |
| 20-5426 |
David Moss v. Texas |
Texas |
2020-08-20 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance retroactive-application retroactivity strickland-standard strickland-v-washington texas-code-of-criminal-procedure |
Whether the state court's decision was contrary to this Court's decision in Lafler v. Cooper and Chaidez v. United States, and whether the court's dec… |
| 20-5402 |
Joseph Glenn Savicki v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-review due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-review procedural-error prosecutorial-misconduct |
Whether the denial of a certificate of appealability violates due process and equal protection when the district court fails to consider the merits of… |
| 20-5412 |
Kenneth T. Bluew v. Connie Horton, Warden |
Sixth Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process factual-record habeas-corpus ineffective-assistance procedural-review sixth-circuit |
Whether the petitioner should be granted a certificate of appealability on his claims of ineffective assistance of trial counsel where he has not been… |
| 20-5397 |
Wilbert Romon Banks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-08-18 |
Denied |
IFP |
constitutional-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan plea-bargaining racial-bias racial-discrimination trevino-v-thaler trial-counsel venue-change |
Was Banks' claim of ineffective assistance of counsel a substantial claim under Trevino v. Thaler and Martinez v. Ryan? |
| 20-5369 |
Don Farmer v. Bernard Booker, Warden |
Fourth Circuit |
2020-08-17 |
Denied |
Response WaivedIFP |
confrontation-clause court-procedure crawford-vs-washington due-process evidence-testimonial ineffective-assistance legal-standards professional-norms sixth-amendment testimonial-evidence verbal-testimony witness-testimony |
Whether the evidence supplied through verbal testimony of a witness is considered testimonial |
| 20-5372 |
Melvin Gamage v. Mississippi |
Mississippi |
2020-08-17 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions mississippi-supreme-court post-conviction-relief |
Whether the Mississippi Supreme Court erred in denying post-conviction relief despite the prisoner's claims that his trial counsel was ineffective, th… |
| 20-5377 |
Brandon Ray Buckles v. United States |
Ninth Circuit |
2020-08-17 |
Denied |
Response WaivedIFP |
§-2255-motion 28-usc-2255 due-process evidentiary-hearing federal-prisoner fifth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Is a district court's summary denial of a federal prisoner's § 2255 motion without an evidentiary hearing improper when the prisoner alleges ineffecti… |
| 20-5349 |
In Re Daryl L. Zimmer |
|
2020-08-13 |
Denied |
Response WaivedIFP |
appellate-counsel due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum plea-agreement plea-bargain sentencing-guidelines |
Did the trial court deny the petitioner due process and equal protection rights by disregarding the plea agreement and imposing a mandatory minimum se… |
| 20-5319 |
Juan Carlos Avila-Gonzalez v. United States |
Fifth Circuit |
2020-08-11 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights compelled-speech competence-to-waive counsel-investigation due-process fifth-circuit free-exercise free-speech ineffective-assistance medical-history public-accommodations |
Whether the First Amendment prohibits the government from requiring individuals to engage in speech that violates their sincerely held religious belie… |
| 20-5312 |
Sharrieff Brown v. California Department of Corrections and Rehabilitation |
Ninth Circuit |
2020-08-10 |
Denied |
Response WaivedIFP |
circuit-court-interpretation discovery-violations habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review prosecutorial-disclosure prosecutorial-misconduct statute-of-limitations summary-reversal |
Did the Ninth Circuit's finding of untimeliness under 28 U.S.C. § 2244(d)(1)(D) so clearly misapply the law as to call for summary reversal? |
| 20-133 |
Joseph Michael Diaz v. United States |
Eleventh Circuit |
2020-08-07 |
Denied |
Response Waived |
child-pornography criminal-appeal eleventh-circuit evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal relevant-conduct sentencing-guidelines sexual-contact |
Whether the Eleventh Circuit Court of Appeals erred in holding that counsel was not ineffective assistance |
| 20-5294 |
Byron Becton v. Shawn Phillips, Warden |
Sixth Circuit |
2020-08-07 |
Denied |
Response WaivedIFP |
due-process fair-trial fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct self-incrimination |
Did the prosecutor's misconduct deprive the petitioner of a fair trial that violated petitioner's Fifth and Fourteenth Amendment rights against self-i… |
| 20-119 |
Louis Ruggiero v. United States |
Eleventh Circuit |
2020-08-04 |
Denied |
Response Waived |
28-usc-2255 criminal-procedure evidentiary-hearing federal-charges ineffective-assistance plea-bargaining prejudice prejudice-standard section-2255 |
Should the court of appeals have granted a certificate of appealability |
| 20-106 |
Alberto Vilar, et al. v. United States |
Second Circuit |
2020-07-31 |
Denied |
Response Waived |
appellate-review constitutional-rights criminal-procedure due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massaro-v-united-states procedural-review |
Whether the failure of the district court and the Court of Appeals to consider the expanded habeas record violates Due Process in preventing assessmen… |
| 20-5218 |
Daniel Page v. Renee Baker, Warden, et al. |
Ninth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel medical-condition ninth-circuit plea-bargaining pre-sentence-motion trial-counsel |
Whether the trial court should have granted Mr. Page's pre-sentence motion to withdraw his guilty plea |
| 20-5221 |
Arthur James Martin v. Florida |
Florida |
2020-07-30 |
Denied |
IFP |
brady-violation capital-trial criminal-procedure cumulative-error cumulative-error-analysis giglio-violation ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief strickland-test trial-counsel |
Whether trial counsel's failure to investigate and present evidence that significantly undermines the State's case is deficient performance that resul… |
| 20-90 |
Eugene Slone v. United States |
Sixth Circuit |
2020-07-29 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement sixth-amendment strickland-standard subject-matter-jurisdiction |
Did Slone sufficiently meet his burden under Strickland |
| 20-5187 |
Thomas Lee Brennan v. Josh Stein, Attorney General of North Carolina |
Fourth Circuit |
2020-07-28 |
Denied |
Response WaivedIFP |
fourth-amendment ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress post-conviction-relief procedural-default reasonable-suspicion traffic-stop |
Whether the trial court erred in denying the defendant's motion for appropriate relief based on ineffective assistance of counsel for failing to file … |
| 20-5179 |
Alberto Guillen v. Patrick McTighe, et al. |
Ninth Circuit |
2020-07-27 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment actual-innocence constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-involuntariness witness-investigation |
Question not identified |
| 20-5162 |
Joseph Shane Terry v. United States |
Eleventh Circuit |
2020-07-24 |
Denied |
Response WaivedIFP |
abuse-of-process attorney-ineffective conflict-of-interest constitutional-rights counsel-representation due-process ineffective-assistance plea-agreement witness-testimony |
Is an attorney ineffective and engaging in a conflict of interest |
| 20-5169 |
Randy A. Thomas v. Ohio |
Ohio |
2020-07-24 |
Denied |
IFP |
developmental-delay fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel low-iq mental-capacity self-defense sixth-amendment social-security |
Is counsel ineffective under the Sixth and Fourteenth Amendments when no investigation is conducted pre-trial concerning the client's developmental-de… |
| 20-5170 |
William Russell Williams v. Michigan |
Michigan |
2020-07-24 |
Denied |
IFP |
actus-reus criminal-procedure due-process ineffective-assistance jury-instructions mens-rea mitigation mitigation-instruction prosecutorial-misconduct right-to-present-defense sentencing-guidelines |
Was William Williams denied his right to due process, to present a defense, and to a properly instructed jury? |
| 20-5171 |
Cedric Watkins v. Kenneth D. Hutchison, Warden, et al. |
Sixth Circuit |
2020-07-24 |
Denied |
IFP |
constitutional-rights credibility-of-witnesses due-process effective-assistance-of-counsel evidence-sufficiency fourteenth-amendment ineffective-assistance jackson-v-virginia sixth-amendment witness-credibility |
Whether the lower courts properly applied Supreme Court precedent and enforced the U.S. Constitution |
| 20-5173 |
Juan Domingo Velazquez v. Texas |
Texas |
2020-07-24 |
Denied |
IFP |
court-appointed-counsel criminal-procedure defendant-rights due-process ineffective-assistance jury-trial plea-of-not-guilty right-to-counsel sixth-amendment structural-error |
Was it structural error that violated Petitioner's Sixth Amendment autonomy rights when Petitioner's court-appointed counsel conceded his client's gui… |
| 20-5174 |
Ronald Demetrius Thomas v. William Muniz, Warden |
Ninth Circuit |
2020-07-24 |
Denied |
IFP |
28-usc-2254 constitutional-rights federal-courts habeas-corpus harrington-v-richter ineffective-assistance ineffective-assistance-of-counsel reasonable-application state-court-review |
Whether federal courts can undermine constitutional rights by finding state court rulings reasonable under Harrington v. Richter, 562 U.S. 86 (2011) i… |
| 20-71 |
Stephen P. Brown v. United States |
Second Circuit |
2020-07-24 |
Denied |
Response Waived |
appeal-waiver certificate-of-appealability criminal-procedure due-process fifth-amendment ineffective-assistance section-2255 sentencing sentencing-review sixth-amendment |
Whether the Second Circuit erred in denying a certificate of appealability on petitioner's claims of ineffective assistance of counsel and due process… |
| 20-51 |
Pedro Pete Benevides v. United States |
Eleventh Circuit |
2020-07-22 |
Denied |
Response Waived |
criminal-forfeiture eighth-amendment excessive-fine forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-guidelines |
Whether the forfeiture of over $44 million constitutes an excessive fine under the Eighth Amendment |
| 20-5135 |
James Bowell v. State Bar of California |
California |
2020-07-22 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-procedure double-jeopardy habeas ineffective-assistance ineffective-assistance-of-counsel parole-revocation parolee sentencing sentencing-enhancement statutory-maximum |
Whether a court-appointed attorney's refusal to present an issue on habeas where the court could impose no sentence other than the statutory maximum f… |
| 20-5119 |
Wayne Powell v. Ohio |
Ohio |
2020-07-21 |
Denied |
IFP |
death-penalty due-process eighth-amendment expert-funding hurst-v-florida indigent-defendant ineffective-assistance ineffective-assistance-of-counsel postconviction-relief sixth-amendment |
Does Ohio's postconviction process allow indigent defendants a substantive opportunity to develop claims that comport with Ohio's collateral review re… |
| 20-5128 |
Vernon Chapman v. United States |
Seventh Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process evidentiary-hearing exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-consequences |
Whether the defendant was denied effective assistance of counsel when the attorney did not follow the advice of several experts advising him on how to… |
| 20-5130 |
Antonio Lozano Solis v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
access-to-court access-to-courts appeal-review civil-rights constitutional-right criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel |
Was petitioner denied meaningful access to the court? |
| 20-30 |
Nigel Christopher Paul Martin v. United States |
Eleventh Circuit |
2020-07-16 |
Denied |
Response Waived |
criminal-procedure immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel mandatory-deportation padilla-claim padilla-v-kentucky plea-agreement plea-bargaining post-conviction-relief |
Is a defendant categorically prohibited from establishing an ineffective assistance of counsel claim under Padilla v. Kentucky, 559 U.S. 356 (2010), w… |
| 20-5086 |
Johnny Mack Sketo Calhoun v. Florida |
Florida |
2020-07-16 |
Denied |
IFP |
brady-violation cumulative-error cumulative-error-analysis exculpatory-evidence giglio-violation ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-test trial-counsel |
Whether trial counsel's failure to investigate and present exculpatory evidence, which significantly undermines the State's evidence is deficient perf… |
| 20-26 |
Wesley Ira Purkey v. United States, et al. |
Seventh Circuit |
2020-07-15 |
Denied |
|
capital-punishment collateral-review federal-capital-prisoners federal-prisoners ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan post-conviction procedural-default trevino-v-thaler trial-counsel |
Whether federal capital prisoners whose substantial claims of ineffective assistance of trial counsel were defaulted by ineffective § 2255 counsel may… |
| 20-5052 |
Jeremy E. Lewis v. United States |
Sixth Circuit |
2020-07-14 |
Denied |
Response WaivedIFP |
access-to-courts board-of-immigration-appeals civil-rights due-process frivolous-filings habeas-corpus immigration-law ineffective-assistance judicial-review motion-to-reopen standing statutory-interpretation |
Whether Lewis has a constitutional right to petition the courts under the double precedent of 'California Motor Transp. v. Trucking Unlimited, 404 U.S… |
| 20-5023 |
Carter Vincent Anderson v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-07-10 |
Denied |
Response WaivedIFP |
appellate-review batson-challenge batson-violation constitutional-rights due-process evidence-preservation evidence-suppression evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Whether the District Court and Court of Appeal erred in review of claim presented which clearly show ineffective assistance of counsel on both trial a… |
| 19-8909 |
Grant Ruffin Haze v. Katy Poole, Administrator, Scotland Correctional Institution |
Fourth Circuit |
2020-07-08 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence-presentation exculpatory-evidence fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment trial-counsel witness-tampering |
Did the prosecution's intentional and repeated abuse of the witnesses and the selective theft of the petitioner's exculpatory legal materials, conceal… |
| 19-8920 |
Deshawn Colbert v. Sherry L. Burt, Warden |
Sixth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel new-trial pre-arrest-silence prosecutorial-misconduct sixth-amendment |
Whether the appellant's Sixth Amendment right to confrontation was violated due to ineffective assistance of counsel |
| 19-8921 |
Zane Floyd v. William Gittere, Warden, et al. |
Ninth Circuit |
2020-07-08 |
Denied |
Amici (1)IFP |
aedpa brain-damage capital-case fetal-alcohol-spectrum-disorder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence ninth-circuit-rule strickland-prejudice strickland-standard |
May a court assessing Strickland prejudice dismiss the significance of evidence of brain damage, on the ground that it makes only a 'limited additiona… |
| 19-8925 |
Robert T. Lundberg v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
aedpa expectation-of-privacy fourth-amendment ineffective-assistance ineffective-assistance-of-counsel katz-expectation-of-privacy katz-v-united-states police-interrogation strickland-standard strickland-v-washington |
Should the decision in Lundberg v. State be entitled to deference under AEDPA? |
| 19-1478 |
John Kristoffer Larsgard v. Arizona |
Arizona |
2020-07-08 |
Denied |
Response Waived |
adequate-appeal appellate-review constitutional-rights due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel omitted-issues procedural-safeguards smith-v-robbins |
Whether the process of review implemented by Arizona in claims of ineffective assistance of counsel satisfy Fourteenth Amendment protections |
| 19-8908 |
Preston Pope v. United States |
Eighth Circuit |
2020-07-07 |
Denied |
Response WaivedIFP |
criminal-justice-act criminal-justice-act-1964 davis-decision direct-appeal first-step-act griffith-v-kentucky ineffective-assistance notice-to-client rule-28(j)-letter writ-of-certiorari |
Does the Criminal Justice Act of 1964 require notice to client for writ of certiorari? |
| 19-8880 |
David Harman v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
14th-amendment amendment-rights appellate-counsel constitutional-violation counsel-opportunity due-process ineffective-assistance offer-of-proof reversal-error state-of-indiana trial-counsel |
Whether the State of Indiana denied Harman's due process right under the 14th Amendment to the United States Constitution committing reversal error wh… |
| 19-8892 |
Edwin G. Perez-Cubertier v. United States |
First Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
collateral-proceeding collateral-proceedings counsel-rights first-circuit ineffective-assistance ineffective-assistance-of-counsel massaro-precedent right-to-counsel sixth-amendment speedy-trial statutory-interpretation withdrawal-from-conspiracy |
Whether Massaro v. United States requires a defendant to proceed under §2255 for an ineffective assistance of counsel claim, and if so, whether the Si… |
| 19-8866 |
Yara Chum v. Patricia Anne Coyne-Fague, Director, Rhode Island Department of Corrections |
First Circuit |
2020-06-30 |
Denied |
Response WaivedIFP |
federal-law ineffective-assistance ineffective-assistance-of-counsel prejudice-analysis prejudice-standard sixth-amendment state-court-review state-law-standard strickland-standard strickland-v-washington |
Did the Court of Appeals for the First Circuit err in holding that a state court decision was not contrary to federal law when, in deciding a Sixth Am… |
| 19-8859 |
Brian A. Maus v. Scott Eckstein, Warden |
Seventh Circuit |
2020-06-29 |
Denied |
Response WaivedIFP |
appellate-procedure attorney-withdrawal client-rights counsel-withdrawal criminal-procedure criminal-rights due-process evidence-suppression ineffective-assistance no-merit-brief |
Can appellant counsel withdraw off of the petitioners case, because the petitioner wouldn't agree to allow appellate counsel to file a no-merit brief? |
| 19-8823 |
Alex Joseph Pedrin, Jr. v. United States |
Ninth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct stash-house-sting |
Was Mr. Pedrin prejudiced by counsel's deficiencies? |
| 19-8833 |
Christopher Mann v. Maryland |
Maryland |
2020-06-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-review criminal-appeal criminal-procedure ineffective-assistance ineffective-assistance-of-counsel maryland-court-of-appeals prejudice strickland-prejudice strickland-test weaver-precedent weaver-v-massachusetts |
Has the Maryland Court of Appeals abused its discretion by applying Weaver v. Massachusetts to mandate looking at the strength of the prosecution's ca… |
| 19-8839 |
Clayton D. Morrow v. Florida |
Florida |
2020-06-26 |
Denied |
Response WaivedIFP |
brady-material brady-v-maryland criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye newly-discovered-evidence plea-bargaining plea-offer public-records-request |
Does a public records request meet the criteria to establish a newly discovered evidence claim as Brady v. Maryland does; especially when the informat… |
| 19-8808 |
Randolph Ashford v. Michael Stephan, Warden |
Fourth Circuit |
2020-06-24 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-rights due-process evidence-tampering evidence-withholding ineffective-assistance ineffective-assistance-of-counsel jury-misconduct prosecutorial-misconduct trial-counsel |
Was the State of South Carolina City of Columbia violate Ashford's 4th, 5th, 6th, and 14th Amendment rights by withholding evidence |
| 19-8795 |
Jeremia Joseph Loper v. Nate Knutson, Warden |
Eighth Circuit |
2020-06-23 |
Denied |
IFP |
adversarial-testing appellate-counsel appellate-review constitutional-rights due-process effective-assistance-of-counsel exculpatory-evidence fair-trial ineffective-assistance procedural-default |
Was Mr. Loper denied the right to a fair trial and the effective-assistance-of-counsel |
| 19-8776 |
Timothy W. Hatter v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-06-22 |
Denied |
IFP |
appellate-rights civil-rights constitutional-claims due-process federal-procedures habeas-corpus ineffective-assistance post-conviction-relief procedural-default standing state-court-review untimely-filing |
Whether the court can address the petitioner's habeas petition asking for his APPA rights back when a direct appeal is a fundamental constitutional du… |
| 19-8757 |
George W. Gibbs v. Robert LeGrand, Warden, et al. |
Ninth Circuit |
2020-06-19 |
Denied |
Response WaivedIFP |
charge-severance child-sex-assault clearly-erroneous counsel-error criminal-procedure drug-counts ineffective-assistance ineffective-assistance-of-counsel ninth-circuit-review prejudice prejudicial-joinder severance |
Whether the Ninth Circuit's rejection of Gibbs's ineffective assistance of counsel claim was clearly erroneous |
| 19-8760 |
Stefan Stewart v. Florida |
Florida |
2020-06-19 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-procedure cross-examination due-process ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion witness witness-representation |
When the defense attorney previously represented the state's key witness who now has conflicting interests with the defendant, does this amount to a c… |
| 19-8656 |
Michael Jacoby v. United States |
Tenth Circuit |
2020-06-10 |
Denied |
Response WaivedIFP |
actual-innocence certificate-of-appealability circuit-split due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice successive-2255 |
Whether the Petitioner's Fifth Amendment right was violated |
| 19-8647 |
Martin Diez v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
28-usc-2254 brady-disclosure brady-v-maryland cone-v-bell due-process federal-review habeas-corpus ineffective-assistance prosecutorial-misconduct strickland-standard strickland-v-washington |
Where the state courts did not address Petitioner's claim that the prosecution failed to disclose certain evidence under Brady v. Maryland, 373 U.S. 8… |
| 19-8635 |
Kenneth Brown v. Kentucky |
Kentucky |
2020-06-08 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment strickland-v-washington |
Should a court be allowed to deny the withdrawal of a defendant's guilty plea when it is clear the plea was not entered voluntarily and with an unders… |
| 19-8631 |
Claude Simpson v. United States |
Fourth Circuit |
2020-06-07 |
Denied |
Response WaivedIFP |
constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-impartiality judicial-recusal personal-bias plea-agreement |
Is it an abuse of discretion for a judge to not recuse themselves due to personal bias or prejudice? |
| 19-8607 |
Derrick Thompson v. Patrick Griffin, Superintendent, Sullivan Correctional Facility |
Second Circuit |
2020-06-04 |
Denied |
Relisted (2)IFP |
confrontation-clause fair-trial forensic-analysis forensic-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-fair-trial sixth-amendment speedy-trial testimonial-evidence testimonial-statements |
Does the Confrontation Clause permit the introduction of testimonial identification statements of a non-testifying forensic analyst? |
| 19-1338 |
Briley W. Piper v. Darrin Young, Warden |
South Dakota |
2020-06-04 |
Denied |
|
criminal-procedure cumulative-error ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver plea-bargaining pre-plea-advisory prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-jury-trial waiver-of-jury-sentencing waiver-of-jury-trial |
Whether the faulty pre-plea advising applies to both the waiver of jury trial and waiver of jury sentencing, requiring a remand to allow Piper to make… |
| 19-8593 |
Damon Christopher Crim v. Ohio |
Ohio |
2020-06-03 |
Denied |
Response WaivedIFP |
criminal-procedure effective-assistance-of-counsel fourteenth-amendment guilty-plea ineffective-assistance misunderstanding plea-bargain sixth-amendment |
When a criminal defendant misunderstands a key element of a plea bargain, is his guilty plea void? |
| 19-8584 |
Christopher Raynard Kidd v. United States |
Fifth Circuit |
2020-06-02 |
Denied |
Response WaivedIFP |
criminal-defense due-process evidence-review ineffective-assistance ineffective-assistance-of-counsel legal-representation legal-standards prejudice sixth-amendment strickland-v-washington trial-counsel |
Whether trial counsel was ineffective for failing to review all the evidence with Mr. Kidd prior to trial? |
| 19-8589 |
Ramon Enrique Acosta v. United States |
Eleventh Circuit |
2020-06-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining sixth-amendment trial-counsel |
Whether reasonable jurists could debate the district court's determination that trial counsel was not constitutionally ineffective with respect to the… |
| 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 |
| 19-8565 |
Christopher S. Andersen v. Jeri Taylor |
Ninth Circuit |
2020-05-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review standard-of-review strickland-standard strickland-v-washington |
Whether the test for granting a Certificate of Appealability in a habeas action on an ineffective assistance of trial counsel claim must incorporate t… |
| 19-8557 |
Kallen E. Dorsett, Jr. v. United States |
Third Circuit |
2020-05-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing strickland-standard |
Does a prosecutor's threat to prosecute a defendant if he withdraws from his guilty plea invalidate the knowing, voluntary and intelligent clause unde… |
| 19-8521 |
Aaron Daniels v. Jack Kowalski, Warden |
Sixth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
amadeo-v-zant amended-claims habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense procedural-default sixth-circuit strickland-standard strickland-v-washington |
Whether the Sixth Circuit's reasoning concerning the petitioner's attempt to get new counsel assigned during trial is flawed |
| 19-8529 |
Darryl Cain v. Randee Rewerts, Warden |
Sixth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial habeas-corpus harmless-error ineffective-assistance judicial-review procedural-default prosecutorial-misconduct witness-credibility |
Whether the prosecutor's remarks during rebuttal of injecting personal opinion and vouching for the credibility of a witness |
| 19-1311 |
Douglas Lynn Kirk v. Texas |
Texas |
2020-05-22 |
Denied |
Response Waived |
constitutional-rights criminal-defense due-process evidence-subpoena government-agency ineffective-assistance legal-procedure mitigating-evidence public-records subpoena |
Whether a criminal-defense attorney who requests critical defensive evidence from a government agency but fails to subpoena the evidence after the req… |
| 19-1302 |
David Shinn, Director, Arizona Department of Corrections v. George Russell Kayer |
Ninth Circuit |
2020-05-20 |
GVR |
Amici (1)Relisted (9) |
aedpa aedpa-standard comity de-novo-review federalism habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel ninth-circuit rule-of-law sixth-amendment standard-of-review |
Did the Ninth Circuit violate 28 U.S.C. § 2254's deferential standard, and employ a flawed methodology this Court has repeatedly condemned, when it gr… |
| 19-8470 |
Raymond K. Walker v. United States |
Eighth Circuit |
2020-05-15 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-right counsel-refusal court-order due-process effective-assistance-of-counsel ineffective-assistance judicial-review procedural-default right-to-counsel sixth-amendment |
Refusal of Price Counsel to Comply with U.S.C. 5 Continual request and Court orders to file a brief with allegations of ineffectiveness conceded the c… |
| 19-8475 |
In Re Tarvares James Watson |
|
2020-05-15 |
Dismissed |
IFP |
5th-amendment 6th-amendment actual-innocence constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance ineffective-assistance-of-counsel postconviction-relief |
Whether petitioner's conviction resulted in the conviction of one who was actually innocent |
| 19-8454 |
Michael Boykin v. Mark S. Inch, Secretary, Florida, Department of Corrections, et al. |
Eleventh Circuit |
2020-05-14 |
Denied |
Response WaivedIFP |
affidavit certificate-of-appealability civil-procedure cumulative-evidence declaration hearsay-evidence in-forma-pauperis ineffective-assistance martinez-rule poverty procedural-default redress |
Whether the petitioner is entitled to proceed in forma pauperis |
| 19-8442 |
Erica J. Walker v. Florida |
Florida |
2020-05-12 |
Denied |
Response WaivedIFP |
competency criminal-procedure due-process effective-assistance-of-counsel fair-proceeding fifth-amendment fourteenth-amendment ineffective-assistance insanity mental-health mental-health-evaluation |
Was the petitioner's right to a fair proceeding, effective assistance of counsel and due process violated? |
| 19-8446 |
Anthony S. Twitty v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. |
Third Circuit |
2020-05-12 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights due-process federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions pcra-statute reasonable-doubt |
Was the Petitioner denied the right to a fair trial, due to hypothetical-jury, jury-instruction, ineffective-assistance-of-counsel, reasonable-doubt |
| 19-8429 |
Tariq Maqbool v. Marcus O. Hicks, Commissioner, New Jersey Department of Corrections, et al. |
Third Circuit |
2020-05-11 |
Denied |
IFP |
constitutional-rights criminal-procedure dna-testing due-process fifth-amendment fourteenth-amendment ineffective-assistance miranda-rights sixth-amendment |
Whether the denial of Petitioner's ineffective assistance claim violated constitutional rights |
| 19-8392 |
Juan Balderas v. Texas |
Texas |
2020-05-04 |
Denied |
IFP |
brady-violation capital-punishment constitutional-violations due-process evidentiary-hearing habeas-corpus ineffective-assistance post-conviction state-procedures |
In a death penalty case, where a state provides a post-conviction procedure for challenging the unresolved constitutional violations that occurred at … |
| 19-8361 |
Tyrone Price v. United States |
Sixth Circuit |
2020-04-26 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process firearms ineffective-assistance post-conviction-relief racketeering sentencing sentencing-phase |
Does the elements clause of 18 U.S.C. 924(c) convictions support 'use of violence' physical force? |
| 19-8344 |
Brett Combs v. Nevada, et al. |
Ninth Circuit |
2020-04-23 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-rights due-process evidence-suppression false-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel perjured-testimony perjury |
Whether the state court's fact-finding process was undermined by ignoring evidence supporting the petitioner's claim |
| 19-8345 |
In Re Steven Ciotta |
|
2020-04-23 |
Dismissed |
IFP |
civil-rights constitutional-violation due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule procedural-default retroactive-application retroactivity right-to-counsel |
Whether review should be granted to correct a U.S. Constitution violation when inferior federal courts have failed to acknowledge a claim alleging ine… |
| 19-8346 |
Naeem Jones v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2020-04-23 |
Denied |
IFP |
actual-innocence constitutional-law criminal-procedure due-process federal-courts federal-habeas habeas-corpus ineffective-assistance state-prisoner strickland-standard |
Does a freestanding claim of actual innocence stand a basis of relief for a state prisoner in the context of a federal habeas proceeding? |
| 19-8328 |
Adam Strege v. United States |
First Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
administrative-remedy civil-procedure discovery due-process forced-medication ineffective-assistance ineffective-assistance-of-counsel judicial-discretion mandamus pro-se standing |
Is it an abuse of discretion for the First Circuit Court to deny mandamus because the District Court could respond but never has? |
| 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 |
| 19-8318 |
William Whiteley v. John Willis, et al. |
Eleventh Circuit |
2020-04-21 |
Denied |
Response WaivedIFP |
automobile-exception certificate-of-appealability criminal-procedure evidence-law exculpatory-evidence eyewitness fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-and-seizure warrantless-search |
Whether petitioner is entitled to a certificate of appealability on his claim that the warrantless search of his automobile's glove compartment violat… |
| 19-8324 |
James William Hornsby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-21 |
Denied |
IFP |
adversarial-process brain-injury constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment strickland-v-washington |
Whether the district court's denial of relief and determination resulted from the incorrect interpretation of 'Assistance' under the Sixth Amendment r… |
| 19-8325 |
Qais Hussein v. United States |
Seventh Circuit |
2020-04-21 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining section-2255 sentencing sentencing-guidelines |
Is it reasonably debatable that Qais Hussein was deprived the effective assistance of counsel where his defense attorney failed to object to any insin… |
| 19-8312 |
Lazaro Candelaria v. United States |
Eleventh Circuit |
2020-04-20 |
Denied |
Response WaivedIFP |
criminal-justice-reform criminal-procedure first-step-act ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prior-convictions sentencing sentencing-enhancement shepard-documentation |
Whether the First Step Act of U.S. Senate Bill 756 applies to the Petitioner |
| 19-8297 |
Leif O'Connell v. Dushan Zatecky |
Seventh Circuit |
2020-04-19 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance insanity-defense plea-bargaining prosecutorial-misconduct sixth-amendment |
Whether the Indiana courts erred in affirming the post-conviction court's decision despite the State's procedural default |
| 19-8306 |
Marcel Nwagu v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-19 |
Denied |
IFP |
certificate-of-appealability civil-procedure collateral-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default rule-60-motion standard-of-review |
whether-petitioner-is-entitled-to-rule-60-b-6-relief |
| 19-8294 |
Roscoe Johnson v. Mississippi |
Mississippi |
2020-04-18 |
Denied |
Response WaivedIFP |
abuse-allegations criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions motion-in-limine position-of-trust |
Whether Dohnson's Trial Counsel provided Constitutionally ineffective assistance of Trial Counsel |
| 19-8285 |
In Re David L. Williams |
|
2020-04-17 |
Denied |
IFP |
constitutional-claims due-process equal-protection federal-court-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-challenge sentencing |
Was dismissal of Petitioner Appeal error by the Fifth Circuit? |
| 19-1226 |
In Re Masoud Bamdad |
|
2020-04-17 |
Denied |
|
28-usc-2241 28-usc-2255 constitutional-rights constitutional-violation detention-review due-process federal-prisoner habeas-corpus inadequate-and-ineffective ineffective-assistance jurisdiction jurisdictional-challenge procedural-remedy |
Whether a federal prisoner can obtain relief via the original writ of habeas corpus under 28 U.S.C. §2241 when the initial §2255 motion and its subseq… |
| 19-8272 |
Nicholas Cody Tate v. Benjamin Ford, Warden |
Georgia |
2020-04-16 |
Denied |
IFP |
aedpa aedpa-review capital-sentencing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence schriro-v-landrigan strickland-standard strickland-v-washington |
Whether the Georgia Supreme Court's opinion reversing the state habeas corpus court's reasoned grant of relief based on capital sentencing counsel's p… |
| 19-8253 |
Rudolph Churchill v. Pennsylvania |
Pennsylvania |
2020-04-14 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel |
Sixth Amendment-Ineffective-Assistance-of-Counsel |
| 19-8251 |
Kevin Duane Talkington v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-13 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-instructions jury-selection |
Counsel's failure to strike biased juror,counsel's failure to investigate and present exculpatory evidence,court's failure to provide oral verbatim ju… |
| 19-8213 |
Jesus Rodriguez v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-04-08 |
Denied |
IFP |
collateral-review cullen-v-pinholster due-process fair-trial habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan pinholster-ruling sixth-amendment |
Whether receiving inadequate representation at a first collateral review proceeding triggers the exception of Martinez v. Ryan |
| 19-8185 |
Floyd Dewaine Scott v. California |
Ninth Circuit |
2020-04-06 |
Denied |
IFP |
due-process eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Did the California State Superior Court violate the Petitioner's Due Process, Sixth Amendment, and Eighth Amendment rights |
| 19-8186 |
Leroy Staton v. Superintendent, Lee Correctional Institution |
Fourth Circuit |
2020-04-06 |
Denied |
Response WaivedIFP |
actual-innocence bill-of-attainder criminal-conviction criminal-procedure due-process ineffective-assistance ineffective-counsel sexual-assault |
Whether defendant is not guilty due to lack of rape and murder cover-up, resulting in an irrational conviction from due process violations and an unfa… |
| 19-8164 |
Eric T. Tolen v. Jeff Norman, Warden |
Eighth Circuit |
2020-04-02 |
Denied |
IFP |
brady-claim disbarment exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel legal-procedure manifest-error prosecutorial-misconduct trial-counsel trial-court withheld-evidence |
Whether the Lower Court committed a manifest error of law |
| 19-8170 |
Joe Robert Reynolds v. North Carolina |
North Carolina |
2020-04-02 |
Denied |
IFP |
appeal civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance post-conviction-relief sentencing |
Whether the defendant was arrested without a warrant and whether the defendant's attorneys' actions were part of the case strategy |
| 19-8139 |
Douglas Duran Cerritos v. United States |
Fourth Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure eighth-amendment ineffective-assistance ineffective-assistance-of-counsel juvenile-offender juvenile-sentencing mandatory-life-sentence miller-v-alabama psychiatric-evaluation section-2255-motion |
Did the Fourth Circuit commit error by not granting Mr. Cerritos a COA under 28 U.S.C. §2253(c)(2), after the denial of his 28 U.S.C. §2255 motion whe… |
| 19-8140 |
Benjamin Dennerlein v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2020-03-30 |
Denied |
IFP |
attorney-misconduct client-assault due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief pre-trial-conduct prejudice strickland-standard strickland-v-washington |
Does Strickland v. Washington prejudice threshold condone the actions of Counsel when Counsel assaults his client pre-trial, covered up said assault d… |
| 19-8103 |
Ramiro Rubi Ibarra v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-26 |
Denied |
IFP |
capital-sentencing double-edged-evidence federal-judicial-review fifth-circuit habeas-corpus ineffective-assistance ineffective-counsel judicial-review sixth-amendment texas-law |
Whether the Fifth Circuit failed to ensure meaningful federal judicial review of a substantial Sixth Amendment claim |
| 19-8105 |
Justin Anderson v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2020-03-26 |
Denied |
Amici (1)IFP |
brain-damage capital-sentencing federal-habeas fetal-alcohol-spectrum fetal-alcohol-spectrum-disorder ineffective-assistance mitigating-evidence postconviction-proceedings strickland-prejudice strickland-standard |
Ineffective-assistance-of-counsel |
| 19-1174 |
John W. Kimbrough v. Ron Neal, Superintendent, Indiana State Prison |
Seventh Circuit |
2020-03-26 |
Denied |
Response Waived |
appellate-review federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-relief strickland-standard strickland-v-washington |
Is it an unreasonable application of federal law to hold, for Strickland purposes, that there was no reasonable probability that the state's appellate… |
| 19-8098 |
Juan Carlos Rodriguez v. United States |
Ninth Circuit |
2020-03-24 |
Denied |
Response WaivedIFP |
concurrent-sentences due-process evidentiary-hearing guilty-plea ineffective-assistance motion-to-vacate plea-bargaining sentencing sentencing-consequences |
Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea? |
| 19-8081 |
Juan Isaac Flores v. California |
California |
2020-03-23 |
Denied |
Response WaivedIFP |
benefits constitutional-rights counsel-performance effective-counsel ineffective-assistance plea-agreement sentencing sixth-amendment |
Was my Sixth Amendment right to effective counsel violated by Attorney Kovtun's ineffectiveness? |
| 19-1159 |
Michael Bouchard v. United States |
Second Circuit |
2020-03-23 |
Denied |
Response Waived |
6th-amendment brady-giglio-jencks brady-violation certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel ex-post-facto false-statements false-statements-statute ineffective-assistance ineffective-assistance-of-counsel mortgage-lending retroactivity sixth-amendment |
Whether the 2009 amended version of 18 U.S.C. §1014 was retroactively applied in violation of the Ex Post Facto Clause |
| 19-8022 |
Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2020-03-19 |
Denied |
IFP |
burden-of-proof chapman-v-california deck-v-missouri due-process habeas-corpus ineffective-assistance reasonable-doubt shackling shackling-error sixth-amendment |
When a trial court unjustifiably orders a defendant shackled throughout trial contrary to the rule in Deck v. Missouri, is the burden on the defendant… |
| 19-7994 |
David Armondo Butler v. Florida |
Florida |
2020-03-16 |
Denied |
Response WaivedIFP |
adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage |
Was court-appointed counsel's decision not to seek video footage of alleged victim's prior acts of violence a violation of the Sixth Amendment right t… |
| 19-7970 |
Shawnte L. Shade v. Rusty Washburn, Warden |
Sixth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-procedure due-process equitable-tolling habeas-corpus holland-v-florida ineffective-assistance ineffective-assistance-of-counsel plea-unconstitutionality statute-of-limitations |
Whether the Petitioner's statute of limitation was equitably tolled under Holland v. Florida |
| 19-7954 |
Steven M. Leonhart v. Tim Shoop, Warden |
Sixth Circuit |
2020-03-11 |
Denied |
IFP |
competent-counsel constitutional-rights counsel-performance criminal-procedure due-process effective-counsel ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sixth-amendment strategic-benefit |
Is defense counsel who makes a plea bargain that fails to give his client a substantial strategic benefit acting as competent and effective counsel as… |
| 19-7967 |
Kenneth Durant v. Frank Lawrence, Warden |
Seventh Circuit |
2020-03-11 |
Denied |
Response WaivedIFP |
access-to-courts appellate-counsel appellate-procedure constitutional-rights filing-deadlines habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-remedy procedural-due-process right-to-counsel tolling |
Whether the petitioner was denied effective assistance of trial counsel and appellate counsel, and whether the petitioner was denied access to the cou… |
| 19-7948 |
Omar N. Davis v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment trial-counsel |
Whether a petitioner's due process rights were violated due to ineffective assistance of counsel |
| 19-1100 |
Leroy D. Cropper v. Arizona |
Arizona |
2020-03-09 |
Denied |
Amici (2) |
capital-punishment death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions parole-eligibility parole-ineligibility simmons-v-south-carolina sixth-amendment |
Whether a death sentence may be carried out when defense counsel unreasonably fails to inform the jury of parole ineligibility under Simmons v. South … |
| 19-7893 |
Nicholas Roos v. Arkansas |
Arkansas |
2020-03-06 |
Denied |
Response WaivedIFP |
capital-case evidence-suppression ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining psychological-evaluation red-flags strickland-standard strickland-v-washington trial-counsel-performance |
Did Arkansas Supreme Court misapply Strickland-v-Washington |
| 19-7877 |
Tyrone Rogers v. Josie Gastelo, Warden |
Ninth Circuit |
2020-03-05 |
Denied |
IFP |
Conflict-counsel Enhanced-sentence In-custody in-custody-determination ineffective-assistance Ineffective-assistance-of-counsel new-trial ninth-circuit-conflict procedural-default Procedural-defaults sentencing-error Sexual-elements |
Sentencing-error |
| 19-7831 |
Jose Antonio Cortez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-04 |
Denied |
IFP |
actual-innocence civil-rights constitutional-law constitutional-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance post-conviction standing statute-of-limitations |
Whether the abstention doctrine supports the district court's dismissal of the case while the case was under state court review |
| 19-7856 |
Richard Kenneth Djerf v. David Shinn, Director, Arizona Department of Corrections |
Ninth Circuit |
2020-03-03 |
Denied |
IFP |
circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel pro-se-representation right-to-counsel sixth-amendment waiver-of-counsel |
Did the panel of the Ninth Circuit Court of Appeals contravene this Court's precedents and create a split with other circuits when it affirmed the dis… |
| 19-7816 |
Terry Gay v. Shawn Foster, Warden, et al. |
Tenth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
collateral-review constitutional-entitlement due-process evidentiary-development fourteenth-amendment habeas-corpus ineffective-assistance martinez-v-ryan state-courts |
Under the standards set by this Court in Martinez v. Ryan, must a U.S. District Court allow evidentiary development of a fact-based claim of ineffecti… |
| 19-7840 |
Victor Dewayne Jones v. Joe Errington |
Fifth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
civil-rights competency-hearing criminal-procedure due-process guilty-plea ineffective-assistance judicial-review mental-competency mental-evaluation post-conviction psychiatric-evaluation public-defender sentencing sentencing-petition trial-counsel |
Whether Petitioner was denied his right to due process of law |
| 19-7847 |
Lee D. Watts v. Tennessee |
Tennessee |
2020-03-02 |
Denied |
Response WaivedIFP |
confession confession-suppression criminal-interrogation criminal-procedure ineffective-assistance police-interrogation police-questioning right-to-counsel sixth-amendment suppression voluntariness |
Whether petitioner's original trial counsel rendered ineffective assistance of counsel in violation of U.S. Const. Amn. 6 |
| 19-7823 |
Seth A. Weaver v. Illinois |
Illinois |
2020-02-28 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment conviction due-process guilty-plea illinois-law ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-petition sixth-amendment unknowing-and-involuntary-plea |
Does Illinois ignorance-of-the-law theory deny successive-post-conviction-petitioners relief-from-constitutionally-unsound-guilty-pleas? |
| 19-7825 |
Gustavo Gonzalez v. United States |
Fifth Circuit |
2020-02-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-defense elements-of-offense ineffective-assistance ineffective-assistance-of-counsel lafler-test lafler-v-cooper legally-nonexistent-defense plea-bargaining prejudice-analysis strickland-standard strickland-v-washington |
How should a court apply the 'reasonable probability' test for prejudice under Strickland v. Washington and Lafler v. Cooper to a defendant who reject… |
| 19-1068 |
Keith Inchierchiere v. Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-02-28 |
Denied |
Response Waived |
attorney-misconduct criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel public-defender retained-attorney sentencing-exposure seventy-year-term trial-rights |
Does a defendant receive ineffective assistance of counsel where his retained attorney fails to appear on the first day of trial, and, after receiving… |
| 19-7795 |
Robert Alan Foster v. Willis Chapman, Warden |
Sixth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
civil-rights discovery-violation due-process equal-protection fair-trial first-amendment free-speech ineffective-assistance jury-instruction prosecutorial-misconduct racial-discrimination school-desegregation sixth-amendment standing voting-rights |
Whether the lower court erred in dismissing petitioner's claims for violation of the First Amendment and the Equal Protection Clause |
| 19-7810 |
Dale W. Eaton v. Mike Pacheco, Warden |
Tenth Circuit |
2020-02-27 |
Denied |
Relisted (2)IFP |
28-usc-2254 cullen-v-pinholster federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-competency new-evidence state-court-adjudication strickland-standard strickland-v-washington |
Whether a state court has adjudicated the performance prong of a Strickland v. Washington claim on the merits within the meaning of 28 U.S.C. § 2254(d… |
| 19-7767 |
Octavio Torres Ortega v. Florida Attorney General, et al. |
Eleventh Circuit |
2020-02-26 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process evidentiary-hearing factual-record ineffective-assistance ineffective-assistance-of-counsel judicial-review new-trial reversible-errors standing trial-counsel trial-errors |
Should any of the reviewing court's have reversed for an evidentiary hearing to develop an accurate factual record |
| 19-7780 |
Frank Harper v. United States |
Sixth Circuit |
2020-02-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-USC-924(c) 18-usc-924c carjacking-by-intimidation collateral-review consecutive-sentences criminal-procedure dean-v-united-states ineffective-assistance ineffective-assistance-of-counsel Predicate-Offense retroactivity sentencing-guidelines statutory-interpretation |
Whether Harper was denied effective assistance of counsel |
| 19-7791 |
Jermaine Michael Jackson v. Pennsylvania |
Pennsylvania |
2020-02-26 |
Denied |
Response WaivedIFP |
alibi-defense civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sixth-amendment |
Was trial counsel's abandonment of a readily available alibi defense a violation of petitioner's Sixth Amendment right? |
| 19-7792 |
In Re David Lopez |
|
2020-02-26 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-3231 actual-innocence cause-and-effect-doctrine constitutional-violation criminal-procedure-ineffective-assistance-of-couns ineffective-assistance ineffective-assistance-of-counsel procedural-default structural-error subject-matter-jurisdiction |
Whether the government's defense, jury instructions, and denial of counsel were prejudicial to the defendant |
| 19-7761 |
Jose Osvaldo Arteaga v. Ken Clark, Warden |
Ninth Circuit |
2020-02-25 |
Denied |
Response WaivedIFP |
alibi-defense certificate-of-appealability constitutional-rights fourteenth-amendment habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misidentification sixth-amendment |
Did the Ninth Circuit's order denying a COA violate this Court's mandate that a circuit court must issue a COA if a habeas petition makes 'a substanti… |
| 19-7770 |
In Re Marcus Williams |
|
2020-02-25 |
Denied |
Response WaivedIFP |
constitutional-violation constitutional-violations deception-by-counsel due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-agreement pre-trial-acts-and-omissions pre-trial-counsel structural-error |
Whether the pre-trial acts and omissions made by Marcus Williams' counsel constituted ineffective assistance of counsel |
| 19-1054 |
Christa Gail Pike v. Gloria Gross, Warden |
Sixth Circuit |
2020-02-25 |
Denied |
Amici (1) |
cumulative-evidence death-penalty eighth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence prejudice strickland-standard strickland-v-washington |
Whether a defendant who asserts that trial counsel failed to present key evidence is precluded from showing prejudice under Strickland v. Washington |
| 19-7746 |
William A. Runnels v. Texas |
Texas |
2020-02-24 |
Denied |
Response WaivedIFP |
child-discipline civil-rights constitutional-rights constitutional-rights-of-parents cumulative-error due-process ineffective-assistance ineffective-assistance-of-counsel parental-discipline parental-rights reasonable-discipline strict-scrutiny substitutable-discipline |
Whether the trial court could infringe on, and take away, a parent's constitutional right to reasonable discipline of their child absent strict scruti… |
| 19-7734 |
Andre Dennis v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-02-21 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel interrogation miranda-rights sixth-amendment suppression-of-evidence |
Did counsel render ineffective assistance by failing to seek suppression of Mr. Dennis' statements to police because he was not re-Mirandized followin… |
| 19-7712 |
Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-02-20 |
Denied |
IFP |
appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel |
Where Petitioner's counsel did not pursue his wishes to file an appeal, was he denied effective assistance of counsel? |
| 19-7725 |
William Desmond Conrad v. United States |
Eighth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
aedpa alleyne assistance-of-counsel attorney-negligence constitutional-rights constitutional-violation descamps habeas-corpus ineffective-assistance precedent pro-se pro-se-rights sixth-amendment |
Is 'the neglect or negligence committed by an Attorney a violation of the Constitution's Sixth Amendment's requirement of assistance of counsel ? |
| 19-7709 |
John A. Toth v. Peter Antonacci, et al. |
Eleventh Circuit |
2020-02-19 |
Denied |
IFP |
42-usc-1983 civil-rights constitutional-violation criminal-procedure due-process eleventh-circuit equal-protection federal-review habeas-corpus ineffective-assistance qualified-immunity treaty |
Whether the violation of any State or Federal Courts, Treaties, Rights or Privileges by any and all State and/or Federal Agents and individuals, both … |
| 19-7710 |
George R. Young v. Wanza Jackson-Mitchell, Warden |
Sixth Circuit |
2020-02-19 |
Denied |
IFP |
actual-innocence confrontation-clause constitutional-rights criminal-proceeding due-process evidentiary-hearing habeas-corpus ineffective-assistance newly-discovered-evidence self-incrimination state-court-proceedings |
Whether the District Court erred in denying petitioner's actual-innocence claim |
| 19-7695 |
Arturo Delacruz v. United States |
Third Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
brandishing criminal-procedure group-one-robbery ineffective-assistance ineffective-assistance-of-counsel otherwise-used plea-negotiation robbery-offense sentencing-guidelines weapon-enhancement |
Was trial counsel ineffective for failing to negotiate a five-level, rather than a six-level increase for Group One? |
| 19-1023 |
Donnie Morgan, Warden v. Vincent D. White, Jr. |
Sixth Circuit |
2020-02-18 |
Denied |
Amici (1)Response RequestedRelisted (2) |
actual-prejudice cause-and-prejudice circuit-split federal-court-review habeas habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default state-postconviction-counsel |
Whether a federal court may excuse a procedural default of an ineffective-assistance-of-trial-counsel claim with 'some merit' under Martinez v. Ryan w… |
| 19-7644 |
George Jones v. Cindy Griffith, Warden |
Eighth Circuit |
2020-02-12 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion alford-plea appeal credibility direct-appeal expert-witness expert-witness-credibility ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies prejudice sentencing-discrepancy trial-court-discretion |
Has prejudice been shown-where defense counsel fails to investigate the credibility of the Defense's expert witness |
| 19-7650 |
D. W. v. Washington State Department of Children, Youth & Families |
Washington |
2020-02-12 |
Denied |
Response WaivedIFP |
appellate-review court-appointed-counsel due-process ex-parte-investigation fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-conduct parental-rights record-on-appeal recusal termination-of-parental-rights |
Whether the State violated the Due Process Clause by failing to provide a court-ordered domestic violence/anger management evaluation and treatment to… |
| 19-7651 |
Craig Keyon White v. Robert Fox, Warden |
Ninth Circuit |
2020-02-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process eyewitness-identification ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment |
Whether the unduly suggestive pretrial identification procedure and resulting unreliable identifications admitted against White at his criminal trial … |
| 19-7654 |
Jean Roussel Eloi v. United States |
Eleventh Circuit |
2020-02-12 |
Denied |
Response WaivedIFP |
appeal-process appeal-stages closing-arguments conviction defenses government-misconduct ineffective-assistance ineffective-assistance-of-counsel jury-selection relationship-evidence sealed-records sentencing-guidelines |
Whether counsel was ineffective for not pursuing all the way through the appeal stages, the government's statement during closing arguments that it sh… |
| 19-7627 |
Ernesto Salgado Martinez v. David Shinn, Director, Arizona Department of Corrections |
Ninth Circuit |
2020-02-11 |
Denied |
IFP |
appellate-procedure brady-claim brady-evidence brady-violation capital-case gonzalez-v-crosby ineffective-assistance ineffective-assistance-of-counsel judicial-bias kyles-v-whitley ninth-circuit |
Whether the Ninth Circuit misapplied this Court's law of implied judicial bias |
| 19-7611 |
D'Marlo Levonne Faulk Johnson v. North Carolina |
North Carolina |
2020-02-10 |
Denied |
IFP |
6th-amendment appeal-process appellate-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal post-conviction right-to-counsel sixth-amendment |
Whether the 6th Amendment right to counsel extends to the appellate process and requires the effective assistance of counsel when petitioner's attorne… |
| 19-7585 |
Jerry Ellis, aka Jerry Leonard Ellis v. Noel Barlow-Hurst, Warden |
Ninth Circuit |
2020-02-06 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-standard post-conviction standard-of-review standing trial-procedure |
Whether the district court erred in denying the appellant's claim of ineffective assistance of first instance trial counsel |
| 19-7575 |
Rashaun Scott Carter v. United States |
Fourth Circuit |
2020-02-05 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver controlled-substance controlled-substances criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining presentence-investigation sentencing |
Does an appellate waiver bar an appeal based upon a flawed, prejudicial presentence investigation report performed between the trial court's acceptanc… |
| 19-7540 |
Random Jackson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
28-usc-2254 attorney-abandonment attorney-neglect confrontation-clause due-process equitable-tolling habeas-corpus holland-v-florida ineffective-assistance postconviction-proceedings reasonable-diligence state-postconviction |
Whether the Petitioner is entitled to equitable tolling |
| 19-7545 |
Willie Palmer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
6th-amendment abandonment effective-assistance-of-counsel evidentiary-hearing ineffective-assistance jury-instruction jury-instructions postconviction-relief rule-3.850 sixth-amendment unreasonable-determination-of-facts |
Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court |
| 19-7501 |
Steven Livaditis v. Ron Davis, Warden |
Ninth Circuit |
2020-02-03 |
Denied |
IFP |
28-usc-2254 abusive-conduct constitutional-claim federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mental-impairments mitigating-evidence penalty-phase reasonable-probability |
Was the state court's summary denial of Petitioner's claims, alleging defense counsel's failure to present any penalty phase evidence of (i) Petitione… |
| 19-7513 |
Omar Smith v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2020-02-03 |
Denied |
IFP |
6th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing severance suppression-of-evidence trial-procedure trial-severance virginia-supreme-court witness-testimony |
Whether the Virginia Supreme Court erred in its rulings on ineffective assistance of counsel claims |
| 19-7530 |
Orando Ricardo Thompson v. Florida |
Florida |
2020-02-03 |
Denied |
Response WaivedIFP |
due-process fairness fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel legal-precedent outcome prejudice sixth-amendment strickland-standard strickland-v-washington trial-review |
Whether Strickland v. Washington, 466 U.S. 668 (1984), and its progeny adequately allows consideration of the fundamental unfairness of a trial absent… |
| 19-7509 |
In Re Lawrence E. Mattison |
|
2020-01-30 |
Denied |
Response WaivedRelisted (2)IFP |
all-writs-act ends-of-justice federal-enclave federal-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel manifest-injustice state-conviction supremacy-clause void-ab-initio |
Whether 28 U.S.C. §1651 (the All writs Act) allows this court authority to issue a Writ of Habeas Corpus when a clear interference with a Federal proc… |
| 19-952 |
Michael David Goodwin v. United States |
Fifth Circuit |
2020-01-30 |
Denied |
Response Waived |
attorney-client-relationship change-of-plea criminal-defendant criminal-procedure ineffective-assistance local-counsel right-to-counsel sixth-amendment |
Whether an attorney's presence as local counsel, for a criminal defendant's re-arraignment and change of plea, yet having no attorney-client relations… |
| 19-7476 |
Timothy Wayne Kemp v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2020-01-29 |
Denied |
Amici (1)IFP |
brady-rule brady-violation criminal-procedure death-penalty discovery due-process eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-investigation procedural-default professional-standards |
Must a court consider prevailing professional norms when determining whether a life history investigation was 'thorough? |
| 19-7431 |
Brandon J. Lofland v. Connie Horton, Warden |
Sixth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process habeas-corpus identification-testimony ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia jury-trial miscarriage-of-justice procedural-default state-procedural-rules sufficiency-of-evidence |
Whether a 'mere modicum' of evidence is sufficient to sustain a conviction |
| 19-7365 |
Tyrone Terrance Roberts v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
appeal appellate-review constitutional-rights criminal-procedure due-process federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-procedure post-conviction-relief standard-of-review |
Has the lower tribunal court denied Roberts due process and departed from the essential requirements of the law in denying him relief following his di… |
| 19-7396 |
Julio Mario Haro-Verdugo v. United States |
Ninth Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
cronic due-process fifth-amendment sixth-amendment strickland conflict-of-interest criminal-procedure due-process federal-law fifth-amendment habeas habeas-corpus ineffective-assistance sixth-amendment strickland-standard |
Whether the District Court and the U.S. Court of Appeals for the Ninth Circuit's rejection of Petitioner's ineffective-assistance-of-counsel claim(s) … |
| 19-7398 |
Andrew James Gibbons v. Nate Knutson, Warden |
Eighth Circuit |
2020-01-24 |
Denied |
IFP |
guilty-plea habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel knaffla-bar mental-illness mental-illness-defense Opsahi-rule procedural-default Spears-rule state-procedural-rule |
Is petitioner (Gibbons) procedurally defaulted on his claim of ineffective assistance of counsel for failure to investigate a mental illness defense? |
| 19-7400 |
Christopher R. Glenn v. United States |
Eleventh Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
circuit-court civil-procedure civil-rights counsel-misconduct criminal-procedure due-process evidentiary-hearing fraud habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct judicial-proceedings pro-se-petition standing supervisory-power |
Did the Eleventh Circuit so far depart from the accepted and usual course of judicial proceedings as to call for an exercise of this Court's superviso… |
| 19-7407 |
Paula Bennett v. Shawn Brewer, Warden |
Sixth Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
closeness-of-case constitutional-deficiency criminal-procedure-ineffective-assistance-of-couns cumulative-errors cumulative-prejudice ineffective-assistance prejudice prejudice-analysis reasonable-likelihood sixth-amendment strickland strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence trial-counsel |
Whether a court may conduct a prejudice analysis that focuses solely on the sufficiency of the evidence presented, or must instead consider the closen… |
| 19-7364 |
Ernest William Singleton v. United States |
Sixth Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation controlled-substances criminal-procedure drug-distribution drug-schedules drug-scheduling general-verdict ineffective-assistance ineffective-assistance-of-counsel medical-pain-clinic money-laundering surveillance-footage |
Whether the jury relied on an invalid conviction for distributing Ultram in finding the defendant guilty of money laundering |
| 19-7377 |
Gerald Adger v. New York |
New York |
2020-01-23 |
Denied |
Response WaivedIFP |
6th-amendment appeal appellate-counsel conflict-of-interest criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-argument procedural-error right-to-counsel trial-counsel weight-of-evidence |
Was the appellate attorney ineffective assistance of counsel? |
| 19-7385 |
Arthur Lee Kimbel v. Texas |
Texas |
2020-01-23 |
Denied |
IFP |
anders-brief appellate-procedure appellate-review constitutional-law constitutional-requirement criminal-procedure due-process ineffective-assistance judicial-procedure pro-se pro-se-claims right-to-counsel |
When an Appellant files an Appellate Brief raising Pro Se claims after appointed counsel submits an Anders Brief, is the reviewing appellate court con… |
| 19-7355 |
Herman L. Gaines v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-01-22 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-collusion judicial-misconduct post-conviction-relief sixth-amendment strickland-v-washington |
Was the petitioner denied due process and effective assistance of counsel? |
| 19-7356 |
James H. Griffin v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
constitutional-claim criminal-procedure downward-departure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review law-enforcement procedural-due-process sentencing sentencing-manipulation |
Did the lower federal courts err in denying Appellants Faasy Petrtita without affording a full and fair hearing concerning the claim that his counsel … |
| 19-7359 |
Danny Guzman-Correa v. United States |
First Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel jury-consultant lafler-v-cooper missouri-v-frye prejudice public-trial public-trial-violation |
Whether reasonable jurist could find it debatable that Petitioner's public-trial violation warranted reversal at the minimum for an evidentiary hearin… |
| 19-7375 |
Joaquin Mario Valencia-Trujillo v. United States |
Eleventh Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure ineffective-assistance-of-counsel sixth-amendment strickland-v-washington circuit-split constitutional-law contemporary-assessment criminal-defense ineffective-assistance ineffective-assistance-of-counsel legal-foreseeability sixth-amendment strickland-standard strickland-v-washington |
Whether Strickland's test for ineffective assistance of counsel incorporates an unsettled/foreshadowed exception |
| 19-7350 |
Billy Battenfield v. Oklahoma |
Oklahoma |
2020-01-21 |
Denied |
IFP |
aedpa appeal-waiver criminal-procedure critical-stage garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining post-sentencing retroactivity statute-of-limitations |
Whether Garza v. Idaho adopts a new watershed rule of procedure that applies retroactively on state collateral review |
| 19-7352 |
Alfredo Godoy-Machuca v. United States |
Ninth Circuit |
2020-01-21 |
Denied |
Response WaivedIFP |
appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea |
Whether the Ninth Circuit Court of Appeals erred in concluding that material affirmative misdavice given by defense counsel regarding collateral conse… |
| 19-7329 |
Jamaar Jerome Williams v. Jo Gentry, Warden, et al. |
Ninth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
alibi-witnesses habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-standard martinez-v-ryan ninth-circuit ninth-circuit-review post-conviction-litigation post-conviction-relief prejudice prejudice-analysis |
Whether the Ninth Circuit erred when it concluded Williams had failed to establish prejudice under Martinez v. Ryan because the record clearly shows W… |
| 19-7340 |
Junior Vazquez-Suarez v. Florida |
Florida |
2020-01-17 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation criminal-procedure disclosure due-process fourteenth-amendment impeachment-evidence ineffective-assistance police-misconduct |
Whether police officer's failure to disclose impeachment evidence to the defense prior to trial violated the Fourteenth Amendment Due Process Clause u… |
| 19-7325 |
Hope K. Kantete v. United States |
Third Circuit |
2020-01-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-process post-conviction-relief right-to-trial section-2255 sentencing trial-strategy |
Whether the lower courts erred by failing to rule or even consider on the record whether Ms Kantete was advised of her 'risk factors' in proceeding to… |
| 19-882 |
Shannon Dale Dukes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-16 |
Denied |
Response Waived |
certificate-of-appealability constitutional-claim fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses punishment-exposure sixth-amendment |
Whether petitioner's trial counsel was ineffective |
| 19-7277 |
Dora Moreira v. United States |
Eleventh Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process eighth-amendment excessive-fine ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct question-not-identified section-2255 sixth-amendment |
Whether the Court of Appeals created an irreconcilable conflict with precedential decisions by denying a certificate of appealability on a motion to v… |
| 19-7289 |
Willis Shane Gordon v. Sam Cline, Warden |
Tenth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines |
Issues being raised |
| 19-7291 |
Jose Abraham Guzman v. Kelly Santoro, Acting Warden |
Ninth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel intoxication jury-instructions voluntary-intoxication |
Whether Guzman's failure to request instruction on voluntary intoxication was ineffective assistance of counsel |
| 19-7265 |
Joseph Totoro, II v. United States |
Third Circuit |
2020-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 scienter scienter-requirement sixth-amendment sixth-amendment-access-to-courts speedy-trial |
Did the Court, the United States Attorney, and the former attorneys violate DOJ policy and Due Process |
| 19-7223 |
Erik Bilal Khan v. United States |
Tenth Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
arraignment counsel-duty criminal-procedure criminal-procedure-ineffective-assistance-counsel ineffective-assistance lesser-crimes plea-bargaining prejudice prejudice-standard reasonable-probability right-to-counsel |
Whether counsel was ineffective in misadvising and interfering with the defendant's choice of plea at the arraignment |
| 19-7245 |
Darren Lavald Bowie v. United States |
Fifth Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
collateral-relief constitutional-waiver habeas-corpus ineffective-assistance plea-agreement sixth-amendment unknowing-waiver waiver |
Does a Plea Agreement which waives challenges to collateral relief forbid challenges to ineffective assistance in proceedings following the entry of t… |
| 19-7228 |
Jerry Carter v. United States |
Eighth Circuit |
2020-01-09 |
Denied |
Response WaivedRelisted (2)IFP |
chain-of-custody confidential-informant confrontation-clause criminal-procedure criminal-procedure-8th-amendment-confrontation-cla criminal-procedure-ineffective-assistance-of-couns eighth-circuit evidence harmless-error ineffective-assistance ineffective-assistance-of-counsel napue-violation strickland-standard Whether the Eighth Circuit erred in rejecting the |
Whether the Eighth Circuit Court of Appeals erred |
| 19-7232 |
Francisco Argenis Parra v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2020-01-09 |
Denied |
IFP |
accomplice-statements-corroboration alibi-instruction bruton-v-united-states co-defendant-statements confrontation-clause due-process ineffective-assistance jury-instructions lesser-included-offenses self-defense sixth-amendment supplemental-credibility-instruction |
Did Trial Counsel Render Ineffective Assistance |
| 19-7216 |
Daniel A. Ramet v. Robert LeGrande, Warden, et al. |
Ninth Circuit |
2020-01-08 |
Denied |
Response WaivedIFP |
criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper legal-malpractice plea-bargaining sixth-amendment strickland-v-washington |
If a defense attorney advises a client to reject a favorable plea offer based on a grave miscalculation about the viability of a legal defense, has th… |
| 19-7184 |
Stanley Brewer v. Robert F. Cunningham, Superintendent, Fishkill Correctional Facility |
Second Circuit |
2020-01-07 |
Denied |
Response WaivedIFP |
14th-amendment conflict-of-interest due-process habeas-corpus ineffective-assistance judicial-bias judicial-misconduct miller-el-standard prosecutorial-misconduct |
Did the United States Court of Appeals Second Circuit misapply the ruling in Miller-El v. Cockrell? |
| 19-7190 |
Ernesto Benavides Jr. v. Texas |
Texas |
2020-01-07 |
Denied |
IFP |
appeal collateral-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pretrial-motion right-to-appeal sixth-amendment suppression-of-evidence |
Has Petitioner been denied the right to a meaningful appeal of his motion to suppress evidence under Jackson v. Denno, 378 U.S. 368 (1964), that occur… |
| 19-7170 |
Dante Taylor v. New York |
New York |
2020-01-06 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure appellate-review carpenter-v-united-states constitutional-law constitutional-ruling due-process fourth-amendment griffith-v-kentucky ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel retroactive-application retroactivity supremacy-clause supreme-court-precedent |
What is the appropriate appellate protocol for appellate counsel to follow when: (i) the Supreme Court has issued a new constitutional ruling affectin… |
| 19-7173 |
Kenneth Rose v. United States |
Sixth Circuit |
2020-01-06 |
Denied |
Response WaivedRelisted (2)IFP |
address-discrepancy affidavit criminal-procedure fourth-amendment good-faith-exception ineffective-assistance ineffective-assistance-of-counsel material-fact plain-error search-warrant suppression |
Whether appellate counsel was ineffective for failing to raise a plain error of fact material to Leon's third exception, which would have not permitte… |
| 19-7175 |
Curry Robinson v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. |
Third Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment alibi alibi-claim federal-review fourteenth-amendment ineffective-assistance procedural-bar sixth-amendment |
Whether the federal question of ineffective assistance of trial counsel as the preserved claim of an alibi was vague and/or unexhausted thereby proced… |
| 19-845 |
Charles Huggins v. United States |
Second Circuit |
2020-01-06 |
Denied |
Response Waived |
28-usc-2255 brady-violation criminal-procedure due-process evidentiary-hearing ineffective-assistance insufficient-evidence perjury section-2255 sixth-amendment |
Whether Petitioner was deprived of due process |
| 19-7153 |
Ronald Johnson v. Missouri |
Missouri |
2020-01-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
atkins-v-virginia capital-punishment-representation capital-representation death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel intellectual-disability plea-bargaining |
Whether counseling an intellectually disabled client to plead to life without parole to avoid the death penalty is ineffective assistance |
| 19-7161 |
Aaron Michael Murray v. United States |
Eleventh Circuit |
2020-01-03 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea |
Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes … |
| 19-7145 |
Carlos E. Rodriguez-Milian v. United States |
First Circuit |
2020-01-02 |
Denied |
Response WaivedIFP |
§-2255-motion 2255-appeal appeals-court-discretion certificate-of-appealability habeas-corpus ineffective-assistance pro-se-motions procedural-default procedural-error subject-matter-jurisdiction summary-response |
Can an appeals court disregard the district court's procedural error and decide a COA application based on the underlying merits? |
| 19-7146 |
David Rapoport v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2020-01-02 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure criminal-procedure-ineffective-assistance-of-couns death-penalty due-process guilty-plea ineffective-assistance life-without-parole plea-bargaining sentencing waiver-of-appeal-rights |
Was the petitioner's counsel ineffective in pre-trial stages? |
| 19-7150 |
Michael J. Walton v. Jack Kowalski, Warden |
Sixth Circuit |
2020-01-02 |
Denied |
Relisted (2)IFP |
appellate-procedure appellate-review child-witness criminal-conviction direct-appeal due-process false-testimony ineffective-assistance ineffective-assistance-of-appellate-counsel ineffective-assistance-of-counsel prosecutorial-misconduct witness-coaching |
Whether counsel was ineffective for failing to reveal indisputably false testimony and coaching to the 4-year-old child who gave the false testimony |
| 19-7155 |
Russell DeFreitas v. Gregory A. Kizziah, Warden |
Sixth Circuit |
2020-01-02 |
Denied |
Response WaivedIFP |
abuse-of-discretion actual-innocence constitutional-rights double-jeopardy due-process habeas-corpus habeas-corpus-2241 ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation |
Whether Sixth Circuit's precedent supersedes and adoption of district court's arbitrary abuse of authority, prohibits petitioner's 28 USC 2241's statu… |
| 19-7093 |
Oscar Ibarra v. Nick Ludwick, Warden |
Eighth Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-procedure indigent-defendant ineffective-assistance murder right-to-counsel sixth-amendment |
Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented both a… |
| 19-7109 |
J'Veil Outing v. Miguel A. Cardona, Commissioner, Connecticut Department of Correction |
Connecticut |
2019-12-31 |
Denied |
Response WaivedIFP |
appeal appellate-record due-process expert-testimony eyewitness-identification eyewitness-testimony ineffective-assistance precedent right-to-counsel sixth-amendment |
Whether assigned counsel violated the defendant's Sixth Amendment right to counsel and his right to due process |
| 19-7122 |
Vinodh Raghubir v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-12-31 |
Dismissed |
IFP |
access-to-courts attorney-fees civil-procedure civil-rights constitutional-violations criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction-relief standing takings |
Whether the Petitioner's constitutional rights were violated when the lower court dismissed his petition for writ of habeas corpus |
| 19-7087 |
Anthony May v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
due-process effective-assistance-of-counsel equitable-tolling extraordinary-circumstances ineffective-assistance low-iq manifest-injustice mental-retardation |
Whether petitioner's 'mental retardation' and 'low IQ' constitute 'extraordinary circumstances' in which 'equitable tolling' should be applied to avoi… |
| 19-7094 |
Ernest Lawrence v. Gurbir Grewal, Attorney General of New Jersey, et al. |
Third Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-review criminal-procedure custodial-interrogation due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights miranda-v-arizona police-interrogation prior-bad-acts prosecutorial-misconduct strickland-standard |
Whether The Lower Court's Decisions Were Contrary To Miranda v. Arizona, 384 U.S. 436 (1966) and Whether the Lower Courts Unreasonably Applied Miranda… |
| 19-7098 |
Antonio Shaw v. United States |
Eighth Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure defense-counsel due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel objective-standard sixth-amendment standard-of-review witness-testimony |
Whether defense counsel's performance fell below the reasonable standard of representation |
| 19-7082 |
Mark J. Lipski v. Maine |
Maine |
2019-12-27 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-protection conviction-consequences criminal-procedure due-process economic-disadvantage indigent-defense ineffective-assistance judicial-oath legal-ethics legal-representation liberty-interests right-to-counsel state-prosecution |
Was the right to counsel waived? |
| 19-7049 |
In Re Antwoyn Spencer |
|
2019-12-23 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-rights constitutional-claim criminal-law criminal-procedure due-process federal-jurisdiction habeas-corpus ineffective-assistance personal-liberty pro-se-petition punishment standing strickland-standard undue-delay |
Whether petitioner is being deprived of his civil rights due to undue delay in appellate ruling |
| 19-7054 |
Philip Rogers v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-12-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure drug-use evidence foreseeability ineffective-assistance reasonable-doubt trial-strategy vehicular-homicide |
Did the failure to introduce evidence that the pedestrian had cocaine in her system render counsel's assistance constitutionally ineffective? |
| 19-7025 |
Michael Feliciano v. George Miller, Superintendent, State Correctional Institution at Waymart, et al. |
Third Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
carrier due-process effective-assistance-of-counsel eyewitness eyewitness-testimony in-re-winship ineffective-assistance investigation jury-instructions reasonable-doubt sixth-amendment strickland strickland-standard |
Is the State court of last resort and U.S. Court of Appeals decision which denied petitioner's claim that he was deprived of his Sixth Amendment right… |
| 19-7043 |
John A. Toth v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-12-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment abuse-of-discretion attenuation civil-rights constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance plea-bargaining police-conduct post-conviction-relief |
Whether police custodial interrogation on less than probable cause for arrest held violative of 18 U.S.C. §§ 241-242 and Petitioner's 4th Amendment ri… |
| 19-7045 |
Michael Jones v. United States |
Eighth Circuit |
2019-12-20 |
Denied |
IFP |
armed-career-criminal-act career-offender categorical-approach controlled-substance-offense guidelines ineffective-assistance ineffective-assistance-of-counsel sentencing-enhancement serious-drug-offense |
Whether the determination of a 'controlled substance offense' under the Guidelines requires the same categorical approach used in the determination of… |
| 19-6971 |
Comfort Delando Roberts v. Texas |
Texas |
2019-12-19 |
Denied |
Relisted (2)IFP |
confrontation-clause due-process fair-trial fifth-amendment impartial-jury ineffective-assistance presumption-of-innocence sixth-amendment |
Ineffective-assistance-of-counsel |
| 19-7013 |
Kenneth M. Gray v. Paul S. Kemper, Warden |
Seventh Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
civil-rights confession criminal-procedure due-process false-confession false-promises ineffective-assistance interrogation no-merit-report parent-attorney post-conviction-counsel sentencing sentencing-error waiver waiver-petition |
Whether the petitioner's constitutional rights were violated due to ineffective assistance of post-conviction counsel, false promises by detectives du… |
| 19-7022 |
Jesus D. Cruz v. United States |
Sixth Circuit |
2019-12-19 |
Denied |
IFP |
4th-amendment constitutional-violation criminal-procedure criminal-sentencing due-process fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehaif-v-united-states search-and-seizure search-warrant sentencing toxicology-report |
Whether Counsel was ineffective for not showing the Petitioner and or verifying to the Petitioner, that the officers never producted a valid search wa… |
| 19-6970 |
Monty Dwayne Sullivan v. Wyoming |
Wyoming |
2019-12-18 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment access-to-courts brady-v-maryland civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct |
Was Sullivan deprived of his Constitutional rights? |
| 19-6978 |
Isaac Naranjo v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2019-12-18 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurists-of-reason merits notice-of-charges post-conviction-review procedural-default |
Whether to make a substantial showing of the denial of a constitutional right a habeas applicant for a C.O.A. need not show that he will prevail on th… |
| 19-6984 |
Mark A. Perez v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2019-12-18 |
Denied |
IFP |
certificate-of-appealability federal-habeas-corpus guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception post-conviction-relief procedural-default |
Does Martinez v. Ryan excuse a procedural default in Federal Habeas Corpus proceedings? |
| 19-6998 |
Patrick Kofalt v. United States |
Third Circuit |
2019-12-18 |
Denied |
Response WaivedIFP |
2255-motion conflict-of-interest due-process plea-agreement fourth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-procedure judicial-shell-game nix-v-whiteside plea-agreement sixth-amendment |
Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers are … |
| 19-6999 |
Charles Alan Dyer v. Jim Farris, Warden |
Tenth Circuit |
2019-12-18 |
Denied |
IFP |
civil-rights due-process exhaustion-doctrine exhaustion-of-state-remedies federal-review habeas-corpus habeas-corpus-review-2254-d-2-e-1 ineffective-assistance ineffective-assistance-of-counsel presumption-of-correctness prosecutorial-misconduct standard-of-review state-court-fact-finding state-court-factual-findings state-court-findings unreasonable-determination |
Whether a federal court is required to review the state court's finding of facts to determine if it is 'unreasonable' or can the court simply presume … |
| 19-7000 |
David Constance v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-12-18 |
Denied |
Response WaivedIFP |
crawford-v-washington fair-trial fourteenth-amendment hearsay-testimony impartial-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence sixth-amendment |
Whether Mr. Constance was denied a fair and impartial trial due to the State Courts' denial of hearsay testimony |
| 19-7004 |
Mario Torres v. Shawn Hatton, Warden |
Ninth Circuit |
2019-12-18 |
Denied |
Response WaivedIFP |
blanket-policy brady-violations criminal-defendant-rights criminal-procedure discovery due-process evidence-withholding exculpatory-evidence federal-law ineffective-assistance plea-agreement policy right-to-counsel unreasonable-application |
Whether Contra.Costa County California's blanket policy of depriving a criminal defendant the facts and the evidence (exculpatory or otherwise), surro… |
| 19-6950 |
Christopher Brian Rogers v. Tammatha Soss, Acting Warden |
Ninth Circuit |
2019-12-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default prosecutorial-misconduct |
Whether the prosecutor's statements shifting the burden of proof to the defendant during closing arguments constituted prejudicial misconduct under Da… |
| 19-6928 |
Lee Dale Lofton, Jr. v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2019-12-12 |
Denied |
Response WaivedRelisted (2)IFP |
appeals civil-rights constitutional-violations criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-error sixth-amendment standing |
Whether the petitioner was denied effective assistance of counsel and due process under the Sixth and Fourteenth Amendments when the district court fa… |
| 19-6877 |
Christopher Rudolph Brown v. Florida |
Florida |
2019-12-09 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
appellate-review civil-procedure civil-rights constitutional-error criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief res-judicata standing trial-counsel |
Whether the essential principles of res judicata were departed from by the lower courts in allowing the prosecution to relitigate issues that were pre… |
| 19-6871 |
Justin Vazquez v. United States |
Second Circuit |
2019-12-05 |
GVR |
IFP |
6th-amendment civil-rights conflict-of-interest confrontation-clause constitutional-rights due-process evidence-admission ineffective-assistance jury-selection professional-conduct sentencing speedy-trial trial-procedure |
Whether assigned counsel were ineffective in violation of the 6th Amendment |
| 19-6843 |
James Rice v. Wanza Jackson-Mitchell, Warden |
Sixth Circuit |
2019-12-04 |
Denied |
Response WaivedIFP |
6th-amendment barker-factors barker-v-wingo constitutional-rights habeas-corpus ineffective-assistance prejudice sixth-amendment speedy-trial unreasonable-application |
Was Petitioner James Rice denied the right to a speedy trial? |
| 19-6848 |
Robert Matthew Wittal v. Montana |
Montana |
2019-12-04 |
Denied |
Response WaivedIFP |
co-defendant-testimony credibility criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection sixth-amendment witness-credibility |
Whether petitioner received ineffective assistance of counsel when his counsel objected to a jury instruction on the untrustworthiness of co-defendant… |
| 19-6799 |
Aamir A. Hafiz-Thompson v. United States |
Eighth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
acca appeal certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel precedent sentencing supreme-court-precedent |
Whether counsel's admitted inaccuracy, misinformation, and failure to make specific inquiry regarding the petitioner's prior predicates (ACCA) conflic… |
| 19-6815 |
Blake Wingate v. New York |
New York |
2019-12-03 |
Denied |
Response WaivedIFP |
constitutional-rights due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-application pro-se pro-se-representation |
Where the right to proceed pro se is constitutionally even on appeal or a post conviction application, is it a violation of due process and or the equ… |
| 19-6817 |
Anthony Wheeler v. Ron Neal, Superintendent, Indiana State Prison |
Seventh Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights due-process expungement ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-standards sixth-amendment standard-of-review |
Did the Seventh Circuit err under Miller-El v. Cockrell and Buck v. Davis when it determined Petitioner had not made a substantial showing of a denial… |
| 19-6828 |
Reginald Jerry Shaw v. United States |
Fourth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
appellate-review application-notes certificate-of-appealability commentary district-court-discretion ineffective-assistance legal-interpretation sentencing-guidelines strickland-standard strickland-v-washington |
Are the commentary and application notes in the Sentencing Guideline manual authoritative or left to the District Court's discretion? |
| 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? |
| 19-6792 |
Victor Sanchez v. Patrick Nogan, Administrator East Jersey State Prison, et al. |
Third Circuit |
2019-12-02 |
Denied |
Response WaivedIFP |
constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-intervention plea-bargaining procedural-due-process right-to-appeal sentencing sentencing-review |
Where trial counsel admits to ineffective advice that lead to this petitioner being sentenced to (5) five years more time than he would have received … |
| 19-6754 |
Cesareo Vizcarra Medina v. California |
California |
2019-11-26 |
Denied |
IFP |
civil-rights constitutional-violations due-process fifth-amendment ineffective-assistance-of-counsel sixth-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment trial-procedure |
Whether trial counsel was ineffective for failing to object to prosecutorial misconduct that violated petitioner's constitutional rights under the 6th… |
| 19-6767 |
Douglas D. True v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2019-11-26 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights criminal-procedure due-process eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-voluntariness standard-of-review |
Whether the Eighth Circuit's summary denial of Mr. True's application for a certificate of appealability was based on an adjudication of the underlyin… |
| 19-6746 |
Michael Anthony Mitchell v. United States |
Fourth Circuit |
2019-11-25 |
Denied |
Response WaivedIFP |
appellate-review due-process equal-protection fair-hearing ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-disparities sentencing-disparity sentencing-review unwarranted-sentence waiver-of-rights |
Does a waiver of direct appeal rights and collateral rights excepting claims premised on ineffective assistance of counsel violate a defendant's due-p… |
| 19-664 |
Eugene H. Williams, Jr. v. United States |
Fifth Circuit |
2019-11-22 |
Denied |
Response Waived |
28-usc-2255 actual-innocence coram-nobis criminal-conviction criminal-procedure destructive-devices firearms firearms-violations ineffective-assistance ineffective-assistance-of-counsel mens-rea statutory-interpretation writ-of-coram-nobis |
Whether Petitioner is innocent of the charges resulting from a complete miscarriage of justice |
| 19-6715 |
Brandon Lashon Ingram v. United States |
Fourth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
confrontation-clause evidentiary-hearing habeas-corpus habeas-corpus-review harmless-error harmless-error-analysis ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington |
Does Title 28 U.S.C. § 2255(b) automatically require an evidentiary hearing when an affidavit presented by a defendant alleging a breakdown in communi… |
| 19-6727 |
Tyrone Marvin Andrews v. Noah Nagy, Warden |
Sixth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
alibi-defense civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining sentencing sixth-amendment sixth-circuit-review strickland-v-washington trial-counsel |
Whether trial counsel was ineffective for failing to investigate an alibi defense at trial |
| 19-6731 |
Travell Henry v. Patrick Warren, Warden |
Sixth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel investigation right-to-counsel self-incrimination sixth-amendment trial-strategy witness witness-testimony |
Was Mr. Henry's trial counsel, Patrick Nyenhus, failed to provide constitutionally effective assistance of counsel? |
| 19-6733 |
George R. Durham v. Josh Shapiro, Attorney General of Pennsylvania |
Third Circuit |
2019-11-22 |
Denied |
IFP |
actual-innocence change-in-relevant-decisional-law civil-procedure extraordinary-circumstance federal-rule-of-civil-procedure-60(b)(6) habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mcquiggin-precedent mcquiggin-v-perkins rule-60b6 |
Whether the Court's decision in McQuiggin v. Perkins constitutes a change in relevant decisional law that justifies relief under Federal Rule of Civil… |
| 19-6638 |
Yannier Arias v. United States |
Eleventh Circuit |
2019-11-21 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel |
Whether conflicting affidavits require an evidentiary hearing for ineffective-assistance-of-counsel |
| 19-6659 |
In Re Arturo Rodriguez Ornalez |
|
2019-11-20 |
Denied |
Response WaivedIFP |
constitutional-violations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations rule-11 sentencing structural-error |
Whether Constitution and statutory provisions and Rule 11 violations may have rendered Arturo Rodriguez Ornalez's sentence and conviction constitution… |
| 19-6691 |
Robert H. Smith v. Indiana |
Indiana |
2019-11-20 |
Denied |
Response WaivedIFP |
14th-amendment 4th-amendment 5th-amendment 6th-amendment exclusionary-rule fifth-amendment fourth-amendment ineffective-assistance judicial-review sixth-amendment state-court-conflict strickland-standard |
Whether the Indiana Supreme Court/Court of Appeals has entered a decision in conflict with other decisions previously made in the United States Suprem… |
| 19-6698 |
Amon Rweyemamu Mtaza v. United States |
Fifth Circuit |
2019-11-20 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment civil-rights conflict-of-interest due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel involuntary-consent plain-view-doctrine probable-cause search-and-seizure sixth-amendment venue-defense wire-fraud |
Whether the petitioner's Fourth Amendment rights were violated by an unlawful arrest, unlawful search and seizure, and involuntary coerced consent |
| 19-6701 |
Carl Labat v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-11-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
exhaustion-of-state-remedies fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-remedies strickland-standard strickland-v-washington supervisory-writs |
Whether Mr. Labat was denied effective assistance of counsel on appeal due to: (a) Failure to Exhaust State Remedies; (b) failure to seek Supervisory … |
| 19-6665 |
Wesley Harlan Kingsbury v. United States |
Ninth Circuit |
2019-11-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness |
Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea? |
| 19-6651 |
Shawn A. Thompson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township |
Third Circuit |
2019-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
attempted-robbery constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment standard-of-review third-degree-murder |
Did the Trial Court err in failing to provide the jury with the entirety of the Third Degree Murder instructions? |
| 19-6613 |
Jaime Rodriguez, et al. v. United States |
Second Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
appellate-review counsel-performance deliberate-misrepresentations due-process factual-predicates false-positions false-positions-and-deliberate-misrepresentations ineffective-assistance ineffective-assistance-of-counsel mandate-rule newly-raised-claims sixth-amendment |
Whether the mandate rule bars consideration and adjudication of newly raised claims under a Sixth Amendment ineffective assistance of counsel claim |
| 19-6632 |
Samier Patrick Clark v. United States |
Fifth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
adam-walsh-act civil-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-counsel prosecutorial-misconduct sentencing-guidelines |
Was petitioner subjected to violations of his Constitutional rights throughout the criminal prosecution? |
| 19-6645 |
In Re Morgan Allen Armstrong |
|
2019-11-14 |
Denied |
IFP |
civil-rights constitutional-claims criminal-procedure due-process fabrication-of-evidence fair-trial habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment standing |
Did the state court fabricate the evidence used to convict the petitioner, violate his right to a fair trial, and deny him due process? |
| 19-617 |
Nekebwe Superville v. United States |
Second Circuit |
2019-11-14 |
Denied |
Response Waived |
aggravated-felony attorney-misadvice deportation Padilla-v-Kentucky plea-agreement will equivocal-warnings 28-usc-2255 criminal-procedure deportation-consequences immigration ineffective-assistance ineffective-assistance-of-counsel judicial-warning plea-agreement plea-bargaining strickland-standard strickland-v-washington |
When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a judge pursuant to Fed. R. Crim.… |
| 19-6604 |
Ray Jefferson Cromartie v. Benjamin Ford, Warden |
Eleventh Circuit |
2019-11-13 |
Denied |
IFP |
capital-case-appeal capital-punishment circuit-split diligence evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel malice-murder new-evidence new-evidence-of-innocence |
Whether new evidence of innocence obtained by subsequent diligent counsel should be deemed new evidence, even if prior counsel provided deficient repr… |
| 19-6608 |
Steve Romero v. Mike McDonald, Warden |
Ninth Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
de-novo-review fair-trial habeas habeas-corpus impartial-jury ineffective-assistance ineffective-assistance-of-counsel jury-bias procedural-history sixth-amendment strickland-standard strickland-v-washington |
Does the Ninth Circuit's decision contravene Strickland and this Court's Sixth Amendment jurisprudence? |
| 19-6614 |
Jerome Marshall v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health miranda-rights miranda-warnings post-conviction-relief procedural-default witness-credibility |
Whether the Third Circuit Court of Appeals erred by denying Petitioner's request for a certificate of appealability |
| 19-6550 |
Christian James Gieseke v. United States |
Fifth Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
28-U.S.C-2255 28-usc-2255 6th-amendment counsel-misfeasance defenses duty-to-mitigate evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction pretrial-detainee |
When a post-conviction movant proceeding under 28-U.S.C-2255 raises claims which would entitle him to relief, does the lack of proffered evidence nega… |
| 19-6581 |
Javier Leon v. United States |
Eighth Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
constitutional-rights constructive-amendment criminal-procedure due-process fourth-amendment ineffective-assistance material-variance methamphetamine-charge search-and-seizure |
Whether counsel's failure to subject the government's case to strict adversarial testing, by reason of a fickle, bare-bones 'mere presence' theory of … |
| 19-6591 |
In Re Kenneth Uncapher |
|
2019-11-12 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment appellate-review constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel jury jury-bias jury-misconduct mistrial newly-discovered-evidence victim |
Was the Petitioner denied a fair trial? |
| 19-6562 |
Carlos J. Avena v. Kevin Chappell, Warden |
Ninth Circuit |
2019-11-08 |
Denied |
IFP |
certificate-of-appealability cronic cronic-standard death-penalty due-process habeas habeas-corpus ineffective-assistance miller-el-standard miller-el-v-cockrell ninth-circuit per-se |
Whether the Ninth Circuit's refusal to address the uncertified Cronic claim despite a strong showing of per se ineffective assistance constituted an i… |
| 19-6543 |
Peter Gakuba v. Michelle Neese |
Seventh Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-conviction due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing structural-error structural-errors |
Whether the petitioner's constitutional rights were violated by the state court's denial of habeas corpus relief, involving issues of due-process, equ… |
| 19-6558 |
Antonio Lebaron Melton v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-11-07 |
Denied |
IFP |
due-process federal-court-review federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-findings state-court state-court-deference strickland-v-washington trial-strategy wilson-v-sellers witness-investigation |
Whether Wilson v. Sellers requires faithful adherence to the last reasoned decision of a state court, or may federal courts bolster such a decision by… |
| 19-6501 |
Alvin Felicianosoto v. United States |
Eighth Circuit |
2019-11-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review autonomy constitutional-rights criminal-procedure defense-autonomy due-process ineffective-assistance ineffective-assistance-of-counsel McCoy-challenge mccoy-v-louisiana remand right-to-counsel sixth-amendment trial-counsel |
Whether the Eighth Circuit Court of Appeals erred on direct review in failing to remand the case to the district court when a challenge under McCoy v.… |
| 19-6527 |
Ruben Patrick Valdes v. United States |
Fifth Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability constitutional-claim criminal-history evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plain-error sentencing-guidelines |
was-trial-counsel-constitutionally-ineffective |
| 19-6529 |
James Tyson, Jr. v. United States |
Fourth Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
2255-motion access-to-courts civil-procedure constitutional-rights due-process evidentiary-hearing ineffective-assistance rule-6-motion sealing-orders standing transparency |
Was the district court's denial of Petitioner's Rule 6 motion to unseal documents a denial of Petitioner's due-process rights? |
| 19-6506 |
Joshua Jake White v. Mark Nooth, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2019-11-05 |
Denied |
Response WaivedIFP |
credibility credibility-contest criminal-procedure expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief prevailing-professional-norm professional-norm sixth-amendment |
Whether a court evaluating the reasonableness of trial counsel's failure to make a meritorious challenge under the Sixth Amendment may disregard evide… |
| 19-6488 |
Javier Yebra v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-11-04 |
Denied |
IFP |
appellate-procedure certificate-of-appealability constitutional-review due-process fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-review standard-of-review supreme-court-precedent trial-counsel |
Did the United States Court of Appeals for the Fifth Circuit continue to impose an improper Certificate of Appealability (COA) standard that contraven… |
| 19-6429 |
William Jovian Davis v. Clark E. Ducart, Warden |
Ninth Circuit |
2019-11-01 |
Denied |
Response RequestedRelisted (7)IFP |
aedpa certificate-of-appealability evidentiary-hearing forensic-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit-review pro-se strickland-standard strickland-v-washington |
Did the Ninth Circuit's unreasoned denial so clearly misapply Buck's modest standard as to call for summary reversal? |
| 19-6465 |
Quintin Phillippe Jones v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-31 |
Denied |
Relisted (2)IFP |
18-usc-3599 6th-amendment death-penalty federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel investigative-funding martinez-v-ryan meaningful-representation sixth-amendment |
When has a qualifying prisoner been denied meaningful representation informed by investigation to prepare a federal habeas corpus application? |
| 19-6444 |
Jermaine D. Harris v. Stephen T. Moyer, Secretary, Maryland Department of Public Safety and Correctional Services, et al. |
Fourth Circuit |
2019-10-30 |
Denied |
Response WaivedRelisted (2)IFP |
aiding-and-abetting appeal cell-phone-technology cell-tower-testimony criminal-procedure cumulative-effect due-process fifth-amendment fifth-amendment-privilege habeas-corpus ineffective-assistance legally-inconsistent-verdicts sixth-amendment strickland-v-washington |
Did the Court of Appeals err in denying a certificate of appealability on Petitioner's claim that his trial counsel was constitutionally ineffective f… |
| 19-6445 |
Lewellyn Charles Cox, IV, aka Sho, aka Showtime, aka Showtyme v. United States |
Ninth Circuit |
2019-10-30 |
Denied |
Response WaivedIFP |
6th-amendment due-process fifth-amendment guilty-plea harmless-error harmless-error-analysis ineffective-assistance right-to-self-representation self-representation self-representation-at-sentencing sentencing structural-error |
Whether denial of a right to self-representation during sentencing is subject to harmless error analysis or structural error |
| 19-569 |
Carlos Manuel Ayestas v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-30 |
Denied |
|
capital-case capital-case-mitigation-evidence ineffective-assistance mental-health mitigation-evidence mitigation-investigation professional-norms rompilla-v-beard sixth-amendment strickland-v-washington substance-abuse wiggins-v-smith |
Whether 'prevailing professional norms' required counsel in a capital case to investigate potential mitigation evidence, including red flags for menta… |
| 19-6395 |
V. A. C. v. J. L. W. |
Texas |
2019-10-28 |
Denied |
IFP |
civil-procedure confrontation-clause constitutional-challenge direct-appeal due-process effective-assistance-of-counsel ineffective-assistance parental-rights prejudice termination-of-parental-rights trial-court-discretion |
If it can be proven that the relied upon convictions in a Termination of Parental Rights action are unconstitutional and unreliable, does deference & … |
| 19-6407 |
Derran Smiley v. California |
California |
2019-10-28 |
Denied |
IFP |
civil-rights constitutional-law constitutional-violation criminal-procedure due-process ex-post-facto federal-review habeas-corpus ineffective-assistance penal-code post-conviction retroactive-application retroactivity sentencing state-court-ruling |
Whether the retroactive application of California Penal Code Section 667(c)(2) violates the Ex Post Facto Clause of the U.S. Constitution |
| 19-6409 |
Sean Reilly v. Florida |
Florida |
2019-10-28 |
Denied |
Response WaivedIFP |
constitutional-duty contract-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel misunderstanding plea-bargaining sixth-amendment written-plea-offers |
Whether counsel for the accused has a constitutional duty under the Sixth Amendment to document and present the client plea offers (contracts) in writ… |
| 19-6401 |
Anthony Viola v. United States District Court for the Eastern District of New York |
Second Circuit |
2019-10-25 |
Dismissed |
Response WaivedIFP |
appellate-procedure arkansas-v-sullivan civil-rights constitutional-ruling court-of-appeals due-process error-correction ineffective-assistance ineffective-assistance-of-counsel judicial-review lower-court-decision statutory-interpretation supreme-court-precedent |
Whether Title 28 U.S.C. § 2106 gives the court of appeals error correction power to set aside or reverse a lower court's decision that is clearly inco… |
| 19-6363 |
David Pearson v. United States |
Eleventh Circuit |
2019-10-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal-rights armed-career-criminal armed-career-criminal-act categorical-analysis drug-offense drug-offenses ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum plea-agreement sentencing sentencing-enhancement statutory-maximum |
Did the court of appeals erroneously dispense with the requisite categorical analysis of predicate prior convictions? |
| 19-6366 |
Spencer Kerry Curtiss v. North Dakota |
North Dakota |
2019-10-24 |
Denied |
Response WaivedIFP |
6th-amendment conflict-of-interest constitutional-rights conviction criminal-procedure due-process ineffective-assistance right-to-counsel standing statutory-interpretation |
Can a state's duty to provide guarantee of counsel in a criminal action be duly fulfilled when supplied representation is in violation of conflict-of-… |
| 19-6351 |
Geoffrey Elkington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard state-court-deference trial-counsel |
Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner's trial attorney failing to enter i… |
| 19-6316 |
James Matthew Shelton v. United States |
Sixth Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
certificate-of-appealability competency-evaluation competency-to-stand-trial evidentiary-hearing habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion sixth-amendment sixth-circuit |
Whether the lower court erred in denying Shelton's habeas claim alleging ineffective assistance of counsel and abused its discretion in denying him an… |
| 19-6333 |
Juan Gabriel Angulo-Cabrera v. United States |
Ninth Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
codefendant criminal-procedure due-process effective-attorney evidence evidentiary-hearing false-accusations ineffective-assistance phone-records right-to-counsel sixth-amendment trial trial-counsel |
Whether the District and Appellate Courts erred in denying Defendant an evidentiary hearing on his claim of ineffective-assistance-of-counsel |
| 19-6323 |
Michael Taffaro v. New Jersey |
New Jersey |
2019-10-21 |
Denied |
Response WaivedIFP |
due-process evidence evidence-exclusion ineffective-assistance interests-of-justice judicial-review perjury perjury-claim post-conviction-relief procedural-default procedural-rules standing testimony witness-testimony |
Whether a decision affirming exclusion of evidence can be correct without addressing the unrefuted assertion that it was excluded on plainly erroneous… |
| 19-515 |
Baldassare Amato v. United States |
Second Circuit |
2019-10-21 |
Denied |
|
adverse-effect automatic-reversal conflict-of-interest cuyler-v-sullivan evidentiary-hearing holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether Sixth Amendment analysis under Cuyler v. Sullivan applies to both successive and concurrent conflicts |
| 19-491 |
Nilesh Bharatkumar Kumar v. United States |
Ninth Circuit |
2019-10-17 |
Denied |
Response Waived |
criminal-procedure hill-v-lockhart immigration-law ineffective-assistance ineffective-assistance-of-counsel legal-resident plea-agreement plea-bargaining prejudice-analysis strickland-standard strickland-v-washington |
Whether a noncitizen defendant with legal resident status and extended familial and property ties to the United States must prove that a superior alte… |
| 19-6298 |
John Steven Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-17 |
Denied |
IFP |
28-usc-2254 certificate-of-appealability federal-court-review federal-habeas-proceedings fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-standard state-court-deference state-habeas strickland-v-washington wilson-v-sellers |
Whether in denying a COA, the Fifth Circuit's methodology in the Gardner opinion is in conflict with Wilson v. Sellers and Miller-El |
| 19-6299 |
Victor Lopez v. Sterling Correctional Facility, et al. |
Tenth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
10th-circuit appeals case-enhancement criminal-procedure due-process habeas-corpus imprisonment ineffective-assistance innocence judicial-review sentencing-enhancement substantial-innocence |
Whether Mr Lopez should be in prison on a case that the 10th Circuit found substantial Innocence on and the Trial Court Dismissing 3 cases that were u… |
| 19-6252 |
Edinson Herrera Ramirez v. Maryland |
Maryland |
2019-10-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review biased-jury criminal-procedure discretion ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-selection legal-standard maryland-court-of-appeals peremptory-challenge peremptory-strike prejudice |
Whether the Maryland court erred in holding that petitioner received ineffective assistance of counsel but failed to prove prejudice |
| 19-6259 |
Keino S. Chrichlow v. Dana Metzger, Warden, et al. |
Third Circuit |
2019-10-11 |
Denied |
IFP |
abandonment-of-counsel appellate-procedure appellate-process civil-rights constitutional-rights court-appointed-counsel direct-appeal due-process habeas-corpus indigent-defendant ineffective-assistance right-to-counsel standing |
whether-an-indigent-defendant-is-entitled-to-equitable-toll-where-he-was-denied-the-right-to-challenge-his-sentence-and-convictions-by-way-of-direct-a… |
| 19-6201 |
Ronn Darnell Sterling v. United States |
Eleventh Circuit |
2019-10-10 |
Denied |
Response WaivedIFP |
appeal bank-robbery constitutional-rights criminal-procedure due-process evidence-admission evidentiary-issues false-evidence improper-cross-examination ineffective-assistance ineffective-assistance-of-counsel prior-conviction-evidence prosecutorial-misconduct |
Whether the district court erred in rejecting the petitioner's claim within his § 2255 motion that pre-trial counsel was constitutionally ineffective … |
| 19-6213 |
Marcus Bartholomew Booker v. Texas |
Texas |
2019-10-08 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-rights direct-appeal due-process effective-assistance-of-counsel indigent-defendant ineffective-assistance ineffective-assistance-of-counsel post-conviction-habeas post-conviction-habeas-corpus right-to-access state-court-proceedings trial-ineffectiveness trial-records |
Does an indigent defendant have a right to access to a free Clerk's and Reporter's Records in a state post-conviction habeas corpus proceeding when th… |
| 19-6185 |
Aaron Lee Smiley v. United States |
Fourth Circuit |
2019-10-07 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights coercion constitutional-rights due-process forfeiture home-forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-agreement standing |
Does a plea agreement need to pass constitutional muster before it waives a person's right to challenge on appeal the forfeiture of his or her home? |
| 19-6192 |
Lagenza Junious v. Pennsylvania |
Pennsylvania |
2019-10-07 |
Denied |
IFP |
criminal-procedure diminished-capacity ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication involuntary-plea mens-rea plea-bargaining sixth-amendment strickland-standard strickland-v-washington |
Was the state superior court's decision contrary to or an unreasonable application of the Strickland v. Washington standard for ineffective assistance… |
| 19-6194 |
William Edward Sneed v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-10-07 |
Denied |
Response WaivedIFP |
batson-challenge batson-v-kentucky certificate-of-appealability equal-protection ineffective-assistance ineffective-assistance-of-counsel intentional-discrimination juror-discrimination racial-bias racial-discrimination third-circuit-court-of-appeals |
In light of the post-conviction court's finding of intentional discrimination—a finding that has not been challenged by any reviewing court—did the Th… |
| 19-6146 |
Hector Rosario-Rivera v. United States |
First Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
constitutional-rights due-process due-process,sixth-amendment,fifth-amendment,ineffe fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-error sixth-amendment |
Whether the Petitioner's Fifth and Six Amendment Rigths were violated by plain error made in calculating petitioner's sentence, and the numerous ways … |
| 19-6121 |
In Re Matthew Lee Staszak |
|
2019-10-02 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-violations cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mandamus prosecutorial-misconduct |
Should this Supreme Court issue the writ of mandamus to compel the district court to adjudicate petitioner's 28 USC § 2255 habeas corpus petition |
| 19-6125 |
Francis G. Hernandez v. Ronald Davis, Warden |
Ninth Circuit |
2019-10-02 |
Denied |
IFP |
appellate-review child-abuse criminal-procedure diminished-capacity habeas-corpus head-injuries ineffective-assistance ineffective-assistance-of-counsel mental-illness ninth-circuit prejudice-analysis strickland-standard strickland-v-washington |
Was counsel's failure to investigate and present a diminished capacity defense prejudicial under Strickland v. Washington? |
| 19-6127 |
Steven Justin Villalona v. United States |
Eleventh Circuit |
2019-10-02 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability conflict-of-interest counsel-concession ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings law-of-the-case mootness plain-error presumption-of-prejudice substantial-rights |
What effect does a concession on ineffective assistance of counsel have on the court's ability to adjudicate the merits? |
| 19-6091 |
James L. Toney v. Heath Dickson, et al. |
Eighth Circuit |
2019-10-01 |
Denied |
IFP |
civil-procedure civil-rights constitutional-review cover-up discovery due-process evidence fair-trial federal-habeas habeas-corpus ineffective-assistance marshals ncic procedural-default standing state-court-review |
Whether the exposure of cheating by the State of Arkansas and the concomitant collusion to cover up cheating evidence violates due process and the rig… |
| 19-6099 |
Khalil Stafford v. New Jersey |
New Jersey |
2019-10-01 |
Denied |
IFP |
appeals appellate-review due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plain-error time-barred |
Whether the courts erred in failing to grant the defendant a partial evidentiary hearing on challenges to the fourth and fifth convictions, particular… |
| 19-6110 |
Abimael Ayala-Gonzalez v. New York |
New York |
2019-10-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review brady-violation constitutional-duty criminal-procedure due-process eyewitness-identification federal-claim ineffective-assistance ineffective-assistance-of-counsel meaningful-representation-standard performance-prejudice-test prosecutorial-misconduct sixth-amendment state-appellate-court strickland-standard strickland-v-washington |
Does a state appellate court have a duty to resolve a federal claim of ineffective assistance of counsel claim under the Federal performance/prejudice… |
| 19-6111 |
Hafiz Muhammad Sher Ali Khan v. United States |
Eleventh Circuit |
2019-10-01 |
Dismissed |
Response WaivedIFP |
constitutional-rights district-court-orders due-process exculpatory-evidence extraterritorial-testimony ineffective-assistance ineffective-assistance-of-counsel material-witnesses out-of-country-witnesses strickland-standard strickland-v-washington witness-testimony |
Does the failure of defense trial counsel to follow specific orders from the District Court constitute ineffective assistance of counsel? |
| 19-6117 |
Jaime Ignacio Estrada v. Martin Biter, Warden |
Ninth Circuit |
2019-10-01 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer preponderance-of-evidence right-to-counsel sixth-amendment standard-of-review trial-counsel voluntary-manslaughter |
Whether petitioner established by a preponderance of evidence trial counsel's violation of the Sixth Amendment: failure to communicate a favorable ple… |
| 19-6096 |
Jerry Simmons v. Darryl Vannoy, Warden |
Fifth Circuit |
2019-09-30 |
Denied |
Response WaivedRelisted (2)IFP |
biased-judge constructive-denial constructive-denial-of-assistance-of-counsel criminal-procedure ineffective-assistance judicial-bias right-to-counsel right-to-present-defense right-to-self-representation self-representation sixth-amendment structural-error structural-error-doctrine |
Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established F… |
| 19-6071 |
Demetrius Desean Morgan v. Michigan |
Michigan |
2019-09-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eyewitness-identification first-amendment fourteenth-amendment freedom-of-association impartial-jury ineffective-assistance insufficient-evidence physical-characteristics reasonable-doubt sixth-amendment surveillance-video video-surveillance |
Was the evidence of Petitioner's identity as the shooter sufficient to sustain the first-degree murder conviction? |
| 19-6077 |
Ruben Moreno Herrera v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-09-26 |
Denied |
IFP |
civil-rights compulsory-process conflict-of-interest constitutional-rights criminal-procedure dna-evidence due-process evidence-exclusion evidentiary-exclusion fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether the exclusion of all reliable and relevant material evidence, including the testimony of the defendant's first-hand witness, violated the defe… |
| 19-6081 |
Robert Wayne Gillman v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-09-26 |
Denied |
Response WaivedIFP |
6th-amendment civil-procedure civil-rights collateral-proceedings due-diligence due-process equitable-tolling extraordinary-circumstances federal-habeas habeas-corpus ineffective-assistance initial-review standing statute-of-limitations |
Does a prisoner have a right to effective counsel in initial-review collateral proceedings? |
| 19-6061 |
Phillip Jones v. Ohio |
Ohio |
2019-09-25 |
Denied |
IFP |
capital-case capital-punishment due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel mitigation-investigation sixth-amendment strickland-v-washington |
Whether trial counsel is ineffective in a capital case when counsel conducts their mitigation investigation after the trial begins, does not allow the… |
| 19-6064 |
Tommy Cole v. R. J. Rackley, Warden |
Ninth Circuit |
2019-09-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence expert-testimony ineffective-assistance ineffective-assistance-of-counsel kelly-hearing sixth-amendment videographic-evidence |
Whether a Kelly hearing was required to test the reliability of the process used to create the videotape of still photographs originally recorded on a… |
| 19-6045 |
Scott H. Summerhays v. United States |
Ninth Circuit |
2019-09-24 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-counsel change-of-plea criminal-procedure critical-stage effective-assistance-of-counsel faretta faretta-waiver ineffective-assistance right-to-counsel sixth-amendment waiver |
Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) after… |
| 19-6023 |
Jeffrey Guy Ringle v. Shane Jackson, Warden |
Sixth Circuit |
2019-09-23 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation confrontation-clause due-process false-testimony giglio-standard giglio-v-united-states habeas-corpus ineffective-assistance miranda-rights prejudice withholding-evidence |
Did the majority below err in applying this court's decision in Giglio v. United States to hold that Petitioner could not show prejudice, solely becau… |
| 19-6030 |
Craig Elias v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2019-09-23 |
Denied |
Response WaivedIFP |
constitutional-claim due-process evidence evidence-promise ineffective-assistance ineffective-assistance-of-counsel legal-remedy sixth-amendment strickland-standard strickland-v-washington trial-counsel |
Does Strickland apply to ineffectiveness claims vis-a-vis trial counsel's broken promise to produce evidence? |
| 19-5951 |
Jeffrey L. Harris v. Judy P. Smith, Warden |
Seventh Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
actual-innocence certificate-of-appealability constitutional-violation due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice newly-discovered-evidence recantation standing |
Is Jeffrey L. Harris entitled to a Certificate of Appealability? |
| 19-5955 |
Dennis R. Heilman v. Randy Blades, Warden, et al. |
Ninth Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
aggravated-assault due-process fourteenth-amendment habeas-corpus ineffective-assistance jury-instructions rape variance |
Does a variance between the Information charging aggravated assault and rape, and (a) a conviction on non-conforming evidence submitted at trial, and … |
| 19-5965 |
Robert Jessie Hill v. Washington |
Washington |
2019-09-17 |
Denied |
IFP |
civil-rights collateral-consequences constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plea-bargaining plea-negotiations sentencing |
Whether a defendant who pleaded guilty to a charge should be denied collateral consequences to be told at the time of sentencing, resulting in a subst… |
| 19-5968 |
Carlos Cuesta-Rodriguez v. Mike Carpenter, Warden |
Tenth Circuit |
2019-09-17 |
Denied |
IFP |
capital-case capital-defendants direct-appeal ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan post-conviction procedural-bar public-defender trevino-v-thaler |
Where a state, through operation of its laws, requires some capital defendants to be represented by the same public defender at both trial and on thei… |
| 19-5947 |
Michael Patrick Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-16 |
Denied |
IFP |
criminal-procedure due-process fair-trial harmless-error ineffective-assistance ineffective-assistance-of-counsel law-enforcement perception-of-guilt substantial-guilt trial-defense witness-tampering |
If defense counsel omits the necessary trial defense and thereby sustains a perception of substantial guilt so that the substantial guilt was dependen… |
| 19-5954 |
Ricardo Irive v. Jo Gentry, Warden, et al. |
Ninth Circuit |
2019-09-16 |
Denied |
Response WaivedIFP |
attorney-negligence constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sixth-amendment |
Does it constitute ineffective assistance of counsel to allow a plea agreement the defendant wished to take lapse due to mistake or negligence? |
| 19-5931 |
Darryl Allen v. Pennsylvania |
Pennsylvania |
2019-09-13 |
Denied |
Response WaivedRelisted (2)IFP |
appeal appellate-rights collateral-relief collateral-review constitutional-rights counsel-consultation due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal roe-v-flores-ortega waiver |
Did the Pennsylvania courts err in denying collateral relief where prior counsel was ineffective for failing to consult fully with the petitioner, Dar… |
| 19-5940 |
Scott Peters v. Young Sun Kim |
Seventh Circuit |
2019-09-13 |
Dismissed |
Response WaivedIFP |
administrative-law civil-procedure civil-rights criminal-procedure damages due-process equal-protection habeas-corpus ineffective-assistance ninth-circuit post-conviction standing state-court |
Whether the District Court erred in dismissing Petitioner's claims |
| 19-336 |
Keith Chester Hill v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-12 |
Denied |
Response Waived |
capital-sentencing discretionary-sentencing fifth-circuit glover-v-united-states habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis reasonable-probability sentencing strickland-standard strickland-v-washington |
Whether the court of appeals erred in holding that, to demonstrate that counsel was ineffective at a state, non-capital, discretionary sentencing proc… |
| 19-5897 |
Carlos German Lema Nogales v. United States |
Fourth Circuit |
2019-09-12 |
Denied |
Response WaivedIFP |
4th-amendment 4th-circuit-precedent 6th-amendment conspiracy constitutional-violations criminal-informant due-process eavesdrop effective-assistance-of-counsel fourth-amendment ineffective-assistance multiple-conspiracies search-and-seizure warrant warrant-reliability |
WHETHER PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL |
| 19-5862 |
Jorge Alberto Ramirez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-11 |
Denied |
IFP |
circuit-court deference-to-state-courts federal-habeas-corpus federal-habeas-relief federal-review fifth-circuit habeas-corpus habeas-proceedings ineffective-assistance ineffective-assistance-of-counsel standard-of-review state-court-deference strickland-standard strickland-v-washington |
Was the Fifth Circuit's 'unreasonable application' inquiry proper? |
| 19-5904 |
Travis Dennis v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-09-11 |
Denied |
Response WaivedIFP |
appellate-review batson-challenge constitutional-rights criminal-procedure criminal-procedure-due-process due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-verdict sixth-amendment sufficiency-of-evidence |
Whether Mr. Dennis' conviction was obtained with insufficient evidence |
| 19-5909 |
Blake Clinton Talman v. Florida |
Florida |
2019-09-11 |
Denied |
Response WaivedIFP |
blood-draw criminal-procedure due-process evidence fourth-amendment fourth-amendment-violation good-faith-exception ineffective-assistance warrantless-search |
Whether the 'good faith' exception applies to a warrantless blood draw obtained in violation of the Fourth Amendment |
| 19-5874 |
David Kirkland v. United States |
Third Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility constitutional-claim evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prejudice sentencing-reduction sixth-circuit strickland-standard third-circuit trial |
Whether the petitioner's attorney was ineffective for withholding information |
| 19-5840 |
Andre Kenneth Stuckey v. California |
California |
2019-09-06 |
Denied |
Response WaivedIFP |
california-supreme-court civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-counsel right-to-fair-trial sentencing supreme-court-review |
Whether Andre Kenneth Stuckey Sr. is entitled to habeas corpus relief where his conviction and sentence were obtained in violation of his constitution… |
| 19-5847 |
Dennis White v. Ohio |
Ohio |
2019-09-06 |
Denied |
Response WaivedIFP |
6th-amendment due-process fourteenth-amendment hospital-records ineffective-assistance ineffective-assistance-of-counsel material-evidence pre-indictment-delay reasonable-probability sixth-amendment strickland-standard strickland-v-washington |
Was the State Appellate court decision contrary to, or involved an unreasonable application of, clearly established federal law, Strickland-v-Washingt… |
| 19-5860 |
T'Challa Rhashaed Washington v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-06 |
Denied |
Relisted (2)IFP |
conflict-among-circuits court-of-appeals criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia jackson-virginia-standard judicial-review legal-standard standard-of-review strickland-washington-standard |
Whether the district state court of appeals rendered a decision in conflict with decisions of this court and other courts of appeals, when unreasonabl… |
| 19-303 |
Arthur Rodriguez Bautista v. Texas |
Texas |
2019-09-05 |
Denied |
|
appellate-review criminal-procedure due-process fair-trial habeas-corpus impartial-judge ineffective-assistance ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct |
Whether the trial judge's repeated improper comments throughout the trial demonstrated his bias in favor of the prosecution and denied Petitioner due … |
| 19-5810 |
Daniel Lopez DeJesus v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-09-05 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-error criminal-procedure due-process harmless-error in-re-winship ineffective-assistance jury-instruction jury-instructions presumption winship |
Did the Ninth Circuit err in applying the harmless error analysis to a jury instruction that implicitly included critical elements of the crime charge… |
| 19-5827 |
James Michael Peluso v. Texas |
Texas |
2019-09-05 |
Denied |
IFP |
civil-rights collateral-proceedings constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim procedural-bar right-to-counsel sixth-amendment standing |
Whether a Prisoner in Texas has a right to effective counsel in collateral proceedings which provide the first occasion to raise a Claim of ineffectiv… |
| 19-5837 |
Terri McGuire Mollica v. United States |
Eleventh Circuit |
2019-09-05 |
Denied |
Response WaivedIFP |
detention-cell Evidentiary-Hearing Exclusionary-Rule Fourth-Amendment Fruit-of-the-Poisonous-Tree Fruits-of-Poisonous-Tree ineffective-assistance Ineffective-Assistance-of-Counsel Reasonable-Expectation-of-Privacy section-2255 unreasonable-search Unreasonable-Search-and-Seizure Warrantless-Search |
Was Petitioner's guilty plea sustained in violation of the Fourth Amendment, Unreasonable-Search-and-Seizure, where law enforcement conducted a warran… |
| 19-5780 |
Marvin Robinson v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether Petitioner's trial counsel was constitutionally ineffective under the Sixth Amendment to the United States Constitution? |
| 19-5799 |
Jesse Lee Coddington v. John Davids, Warden |
Sixth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-rights court-rule due-process federal-courts federal-habeas habeas-corpus ineffective-assistance privileges-and-immunities privileges-or-immunities procedural-default state-courts |
Can Michigan's Court Rule 6.508 (BD) (2) be used to procedurally default a Petitioner's claims from federal habeas adjudication? |
| 19-5814 |
Luis Armando Mesta v. John Myrick |
Ninth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
appellate-advocacy appellate-procedure constitutional-rights counsel-performance ineffective-assistance ineffective-assistance-of-counsel new-trial sixth-amendment sixth-amendment-right-to-counsel state-court-deference state-court-review strickland-v-washington |
Whether the Ninth Circuit's opinion deferred to the state court's finding that counsel was not ineffective under Strickland, despite counsel's failure… |
| 19-5779 |
Eduardo Rodriguez-Lopez v. Florida |
Florida |
2019-09-03 |
Denied |
IFP |
constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy right-to-defense sixth-amendment strickland strickland-standard |
Whether the State may rely on a plea colloquy to adequately resolve a claim that counsel failed to advise the defendant of a particular defense, consi… |
| 19-273 |
Michael Binday v. United States |
Second Circuit |
2019-08-30 |
Denied |
|
constitutional-vagueness ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel mail-fraud property-rights right-to-control vagueness wire-fraud |
Is a trial lawyer constitutionally ineffective when he embraces a legal argument directly contrary to existing circuit law? |
| 19-5747 |
Jamall Gibson v. United States |
Sixth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights criminal-history criminal-procedure drug-conspiracy due-process ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment speedy-trial |
Whether Petitioner Gibson's counsel provided him with ineffective assistance of counsel |
| 19-5728 |
Kristin L. Hardy v. Kelly Santoro, Acting Warden |
Ninth Circuit |
2019-08-28 |
Denied |
Response WaivedIFP |
appellate-review district-court evidentiary-hearing federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel performance-prong plea-negotiations sentencing-exposure state-court |
Whether a federal appellate court fails to provide legitimate federal habeas review |
| 19-5729 |
Joseph Flowers v. F. Foulk, Warden |
Ninth Circuit |
2019-08-28 |
Denied |
Response WaivedIFP |
actual-innocence alibi-evidence brady-violation certificate-of-appealability due-process ineffective-assistance ineffective-assistance-of-counsel procedural-default right-to-counsel |
Whether Flowers's trial counsel was prejudicially ineffective for failing to present alibi evidence,whether Flowers presented sufficient proof of actu… |
| 19-5690 |
Seth DiSanto v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
campbell-v-state constitutional-law criminal-procedure due-process ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-withdrawal rule-3.172(g) strickland-standard strickland-v-washington |
Whether the Eleventh Circuit Court of Appeals erred |
| 19-5694 |
Craig Farley v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-08-23 |
Denied |
IFP |
consciousness-of-guilt constitutional-rights counsel-performance criminal-trial exculpatory-evidence identification-evidence ineffective-assistance ineffective-assistance-of-counsel lack-of-identification-evidence phone-records sixth-amendment strickland-standard trial-counsel |
Is there any reasonable argument that trial counsel satisfied the Strickland standard when he failed to introduce crucial lack of identification evide… |
| 19-5695 |
Riodejuonerol Hudson v. Charles Bradley, Warden |
Sixth Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
aedpa aedpa-deference appellate-counsel appellate-procedure complete-defense due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction sixth-amendment standard-of-review |
Does the denial of an 'application' alone constitute a decision 'on the merits' that warrants AEDPA deference? |
| 19-5700 |
Maximo Brito-Tejeda v. United States |
First Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
client-request constitutional-right due-process garza-v-idaho habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-malpractice notice-of-appeal procedural-default right-to-appeal sixth-amendment |
Whether Garza v. Idaho, 139 S. Ct. 738 (2019), applies to petitioner's claim that his defense counsel was ineffective by failing to file a notice of a… |
| 19-5668 |
Jerry Ellis, aka Jerry Leonard Ellis v. Noel Barlow-Hust, Warden |
Ninth Circuit |
2019-08-22 |
Denied |
Response WaivedIFP |
civil-rights-counsel continuance due-process ineffective-assistance sixth-amendment trial-preparation appeals civil-rights constitutional-rights criminal-procedure district-court due-process federal-procedures habeas-corpus ineffective-assistance post-conviction post-conviction-relief standing |
Whether the United States District Court for the District of Idaho erred in denying the petitioner's motion for counsel on post-conviction appeal |
| 19-5669 |
Matthew Davis v. United States |
Eighth Circuit |
2019-08-22 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-to-distribute constructive-amendment criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions |
Whether Petitioner is entitled to further consideration on his initial motion under 28 U.S.C. 2255 that his trial counsel was ineffective for failing … |
| 19-5675 |
Stephen Jason Whitaker v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-08-22 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process exhaustion-of-state-remedies habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel postconviction-counsel procedural-default sentencing-guidelines state-court-proceedings vasquez-v-hillery |
Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery |
| 19-227 |
Adnan Syed v. Maryland |
Maryland |
2019-08-21 |
Denied |
Amici (3) |
constitutional-review criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-review jury-disbelief jury-evaluation prejudice prejudice-analysis standard-of-review state-case-presentation state-prosecution strickland-standard strickland-v-washington |
Whether a court evaluating prejudice under Strickland v. Washington must take the State's case as it was presented to the jury or may hypothesize that… |
| 19-5656 |
Armando J. Mena v. Rosemary Ndoh, Warden |
Ninth Circuit |
2019-08-21 |
Denied |
Response WaivedIFP |
constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-colloquy presumption presumption-of-regularity silent-record standard-of-review |
Whether the Ninth Circuit misapplied Henderson v. Morgan, 426 U.S. 637 (1976), in concluding that a state court could reasonably presume from a silent… |
| 19-5658 |
Eric C. Burgie v. Arkansas |
Arkansas |
2019-08-21 |
Denied |
Response WaivedIFP |
civil-rights collateral-review constitutional-claim due-process habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel right-to-counsel standing state-collateral-review state-post-conviction-proceedings state-proceeding |
Whether the due process clause requires appointment of counsel for indigent prisoners where state collateral review is the first opportunity a prisone… |
| 19-5650 |
James Michael Williams v. Daniel Paramo, Warden, et al. |
Ninth Circuit |
2019-08-20 |
Denied |
Relisted (2)IFP |
brady-violations certificate-of-appealability due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing prosecutorial-misconduct second-jury-trial |
Whether the Ninth Circuit U.S. Court of Appeals erred in denying Certificate of Appealability to Petitioner |
| 19-216 |
Harold Persaud v. United States |
Sixth Circuit |
2019-08-19 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure daubert-standard district-court-opinion district-court-review due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judgment-of-conviction merits-review motion-to-vacate standard-of-review |
Whether Reasonable Jurists Could Debate the Denial of Petitioner's Motion to Vacate and Set Aside his Judgment of Conviction |
| 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? |
| 19-5612 |
Steven Wayne Isbel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-16 |
Denied |
IFP |
circuit-court civil-rights constitutional-claims discretionary-review document-production due-process equal-protection habeas-corpus ineffective-assistance jury-instructions separation-of-powers standard-of-review state-court-exhaustion |
Whether the district court and the 5th circuit were correct that Isbel did not properly preserve and exhaust his ineffective assistance of trial couns… |
| 19-5624 |
Zachary William Hicks v. United States |
Ninth Circuit |
2019-08-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing due-process hicks-factors ineffective-assistance judicial-review sentencing-factors sentencing-guidelines sentencing-review sixth-amendment trial-court-discretion |
Whether the Trial Court Imposed an Unreasonable Sentence by Failing to Adequately Consider Hicks' Factors and Whether Trial Counsel Rendered Ineffecti… |
| 19-5592 |
Dawud Spaulding v. Ohio |
Ohio |
2019-08-15 |
Denied |
IFP |
capital-defendant capital-punishment defense-counsel due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-presumption post-conviction post-conviction-proceedings record record-evidence standard-of-review strategic-decision strategic-decision-making |
Should courts presume defense counsel acted strategically, even when the evidence in the record demonstrates a lack of strategy in their actions? |
| 19-5603 |
Jonathan Javier Aleman v. United States |
Eleventh Circuit |
2019-08-15 |
Denied |
Response WaivedIFP |
appeal-waiver certificate-of-appealability collateral-review constitutional-counsel criminal-case-defendant-rights criminal-defense evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-appeal sentencing sentencing-challenge subject-matter-jurisdiction |
Was defense counsel's advice constitutionally inadequate? |
| 19-5588 |
Luis Ordonez-Vega v. United States |
Fourth Circuit |
2019-08-14 |
Denied |
Response WaivedIFP |
appeal appellate-counsel civil-rights conflict-of-interest criminal-procedure due-process inadequate-representation-of-counsel ineffective-assistance ineffective-assistance-of-counsel merit-review section-2255 waive waiver |
Did conflict of interest arise when appellate counsel's failed to raise non-frivolous merit(s) 'ineffective assistance of counsel' on defendant's firs… |
| 19-5568 |
Keith D. Nelson v. United States |
Eighth Circuit |
2019-08-13 |
Denied |
IFP |
brain-damage capital-sentencing certificate-of-appealability childhood-abuse childhood-sexual-abuse ineffective-assistance ineffective-assistance-of-counsel life-sentence mental-illness mitigating-evidence prejudice-analysis strickland-prejudice strickland-prejudice-standard strickland-standard |
Does it violate the Strickland prejudice standard to conclude that never before presented evidence of brain damage, severe mental illness, and childho… |
| 19-5536 |
Gabriel Vashon Seay v. United States |
Fourth Circuit |
2019-08-12 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process ineffective-assistance ineffective-counsel investigation legal-investigation plea-agreement plea-bargaining right-to-counsel strickland-standard strickland-v-washington |
Where Strickland v. Washington serves as the current case law protecting an accused's right to fair and competent assistance of legal counsel, there a… |
| 19-183 |
Mark Douglas Robison v. Texas |
Texas |
2019-08-09 |
Denied |
Response Waived |
criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis sixth-amendment strickland-standard strickland-v-washington trial-fairness trial-outcome |
Whether a criminal-defense attorney's deficient performance under Strickland v. Washington affects the trial's outcome or renders the trial fundamenta… |
| 19-5532 |
Timothy W. Sparrow v. Rusty Washburn, Warden |
Sixth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-defective-indictment,double-jeo due-process evidentiary-rulings indictment-defect ineffective-assistance judicial-misconduct jury-representation jury-selection prosecutorial-misconduct sufficiency-of-evidence |
Was the indictment defective? |
| 19-5543 |
Arnold Maurice Mathis v. United States |
Eleventh Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
certificate-of-appealability fourth-amendment independent-source-doctrine ineffective-assistance sixth-amendment warrantless-search |
Whether trial counsel was ineffective in violation of the Sixth Amendment |
| 19-5547 |
Ronny Lee Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-09 |
Denied |
IFP |
abandonment-of-claim abandonment-of-defense certificate-of-appealability constitutional-claim counsel-statement-of-guilt counsel-statements criminal-procedure due-process ineffective-assistance ineffective-counsel right-to-autonomy right-to-counsel |
Whether COA should have been granted based on petitioner's right to autonomy when his counsel abandoned petitioner's claim of not guilty when counsel … |
| 19-5505 |
Jose Hernandez-Carbajal v. United States |
Fourth Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment |
Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated |
| 19-5513 |
Charles Head v. United States |
Ninth Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
court-appointed-attorney court-appointed-counsel criminal-procedure defiance-of-request due-process federal-procedure habeas-corpus ineffective-assistance legal-remedy petition-filing petition-for-certiorari right-to-counsel statutory-right statutory-rights timely-filing writ-of-certiorari |
What remedy is available for petitioner when court-appointed attorney failed to file timely petition for writ of certiorari in defiance of the petitio… |
| 19-5522 |
Berson Marius v. United States |
Eleventh Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure due-process factual-proffer ineffective-assistance ineffective-assistance-of-counsel judicial-conduct judicial-fact-finding plea-bargaining rule-11 |
Whether the district court judge can elicit additional facts during a factual proffer |
| 19-5523 |
Manuel Maldonado Aguilar v. United States |
Eighth Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion motion-reconsideration procedural-default procedural-ruling section-2255 standard-of-review successive-petitions |
Was petitioner's initial § 2255 Motion denied on the merit, for not demostrating or proving deficient performance or prejudice? |
| 19-5492 |
Brian Jermaine Washington v. Jennifer Saad, Warden |
Sixth Circuit |
2019-08-07 |
Denied |
IFP |
aedpa civil-procedure counsel-error diligence extraordinary-circumstances habeas-corpus ineffective-assistance limitations-period pro-se procedural-default statute-of-limitations |
Is it an extraordinary circumstance if counsel filed a motion three months after the AEDPA's limitations period expired? |
| 19-5453 |
Juan Pablo Revelo Salcedo v. United States |
Fifth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
affidavit appointment-of-counsel civil-procedure criminal-procedure declaration financial-disclosure in-forma-pauperis ineffective-assistance judicial-access motion motion-to-substitute-counsel poverty poverty-affidavit pro-se-litigation redress right-to-counsel sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint new counsel when a defendant expresses dissatisfactio… |
| 19-5486 |
Jarrell Williams v. United States |
Second Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
age-of-defendant constitutional-provisions criminal-prosecution district-court-jurisdiction due-process federal-juvenile-delinquency-act ineffective-assistance ineffective-assistance-of-counsel jurisdiction juvenile juvenile-delinquency juvenile-offenders rico rico-conspiracy |
Did the Federal Juvenile Delinquency Act divest the district court of jurisdiction over the petitioner's prosecution? |
| 19-5464 |
Mark A. Ciavarella, Jr. v. United States |
Third Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
effective-assistance-of-counsel honest-services-mail-fraud ineffective-assistance jury-instructions mail-fraud mcdonnell-v-united-states official-act procedural-default statute-of-limitations |
Whether Petitioner was denied effective assistance of counsel as a result of the deprivation of a viable statute of limitations defense with respect t… |
| 19-5433 |
In Re Steven Bleau |
|
2019-08-02 |
Denied |
Response WaivedIFP |
actual-innocence collateral-review death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel martinez-exception newly-discovered-evidence sixth-amendment |
Whether Bleau was deprived of his constitutional rights under the Due Process Clause and Sixth Amendment when his newly presented exculpatory evidence… |
| 19-147 |
Michael Baraka Mason v. Daniel Paramo, Warden |
Ninth Circuit |
2019-08-01 |
Denied |
|
certificate-of-appealability federalism-and-comity habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-based-standard merits-standard plainly-meritless procedural-complexity reasonable-probability reasonable-probability-of-different-outcome rhines-stay |
Whether a habeas petitioner who seeks a Rhines stay to exhaust a claim of ineffective assistance of counsel must establish a 'reasonable probability o… |
| 19-5428 |
Herron Kent Duckett v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-01 |
Denied |
IFP |
batson-challenge batson-v-kentucky constitutional-provisions criminal-procedure deadly-weapon deadly-weapon-finding evidence ineffective-assistance ineffective-assistance-of-counsel judgment-of-conviction judicial-review strickland-standard strickland-v-washington |
Whether the decision of the court is in conflict with Supreme Court ruling concerning ineffective assistance of counsel |
| 19-5430 |
Christopher Devon Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-01 |
Denied |
IFP |
capital-case certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health mental-health-mitigation mitigation wiggins-v-smith |
Whether the Fifth Circuit applied an overly restrictive standard for granting a certificate of appealability (COA) where the district court found that… |
| 19-5420 |
Kendrick Terrell v. United States |
Eleventh Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error prior-charges sentence-enhancement sentencing sentencing-calculation sentencing-guidelines sixth-amendment |
Whether the Petitioner's Sixth Amendment Rights were violated |
| 19-5422 |
Michael A. Webb v. United States |
Fifth Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
adam-walsh-act adam-walsh-child-protection-and-safety-act constitutional-rights criminal-procedure criminal-prosecution double-jeopardy ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-guidelines |
Ineffective-assistance-of-counsel |
| 19-5366 |
Robert Curry v. Illinois |
Illinois |
2019-07-29 |
Denied |
Response WaivedIFP |
35-usc-101 civil-procedure civil-rights constitutional-rights counsel discovery due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel interrogatory patent post-conviction standing |
Whether petitioner was denied reasonable and/or adequate opportunity of assisting counsel during appeal process |
| 19-5369 |
Willie Chambers v. Phil Hall, Warden |
Georgia |
2019-07-29 |
Denied |
IFP |
constitutional-rights double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel judicial-procedure multiplicitous-indictment post-conviction-relief presumption-of-innocence prosecutorial-misconduct reasonable-doubt right-to-fair-trial right-to-life-and-liberty state-court-review vindictive-prosecution |
Whether the petitioner has a valid claim of a constitutional right to be free from a vindictive and multiplicitous indictment that he now stands convi… |
| 19-5375 |
Sean Daniels v. Shane Jackson, Warden |
Sixth Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
actual-innocence due-process fifth-amendment ineffective-assistance judicial-misconduct prosecutorial-misconduct sixth-amendment |
Was Mr. Daniels denied effective-assistance-of-counsel |
| 19-5387 |
Shevaun E. Browne v. United States |
Third Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel |
Whether certiorari review should be granted where the Third Circuit affirmed the district court's ruling that trial counsel was not ineffective for fa… |
| 19-5389 |
Mervin R. Barteaux v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
court-error habeas habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan procedural-default trial-counsel trial-court-error writ-of-certiorari |
Whether where the procedural default of an ineffective assistance of trial counsel claim is excused under Martinez v. Ryan, 566 U.S. 1 (2012), that in… |
| 19-130 |
In Re Randolph George |
|
2019-07-26 |
Denied |
Response Waived |
coram-nobis costs-of-imprisonment custody due-process habeas-corpus habeas-corpus-2255 ineffective-assistance ineffective-assistance-of-counsel restitution section-2255 sentencing writ-of-error-coram-nobis writ-of-mandamus |
Whether a petitioner can challenge a restitution order or order imposing costs of imprisonment based on an ineffective assistance of counsel claim in … |
| 19-5340 |
Carl Prostell v. David Zook, Warden |
Fourth Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
appeal confrontation-clause constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury post-conviction-relief reasonable-doubt sufficiency-of-evidence |
Whether the evidence was sufficient to find guilt beyond a reasonable doubt? |
| 19-5348 |
Stanley James Oliver v. Glenn Johnson, et al. |
Eleventh Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability credibility credibility-challenge habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel summary-reversal telephone-records trial-counsel |
Whether the Court of Appeals erred below in denying Mr. Oliver a COA on whether trial counsel was ineffective in not subpoenaing Mr. Oliver's telephon… |
| 19-5351 |
Johnny Lee Johnson v. William Sperfslage |
Eighth Circuit |
2019-07-26 |
Denied |
Response RequestedRelisted (2)IFP |
due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error-review shackling sixth-amendment |
Whether the due process provisions of the Fifth and Sixth Amendments require a plain error review when a defendant is shackled in view of a jury or if… |
| 19-5354 |
Raheem Brown v. Jamey Luther, Superintendent, State Correctional Institution at Smithfield, et al. |
Third Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-ruling eyewitness-testimony habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice strickland strickland-standard strickland-v-washington subpoena |
Did the United States Court of Appeals for the Third Circuit err and abuse its discretion by refusing to grant Petitioner a Certificate of Appealabili… |
| 19-5300 |
Fremo Santana v. United States |
Third Circuit |
2019-07-25 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination guideline-range ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-guidelines sentencing-proceedings |
Whether defense counsel's performance was constitutionally ineffective for erroneously miscalculating petitioner's guideline range which was the decid… |
| 19-5295 |
In Re Larry Charles |
|
2019-07-24 |
Denied |
Relisted (2)IFP |
due-process exceptional-circumstances fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mandamus right-to-appeal sixth-amendment supreme-court-precedent writ-of-mandamus |
Do exceptional circumstances exist in the Petitioner's case that justify granting his Petition seeking a Writ of Mandamus when he has demonstrated a c… |
| 19-5298 |
Kendrick Antonio Simpson v. Mike Carpenter, Interim Warden |
Tenth Circuit |
2019-07-24 |
Denied |
IFP |
aedpa aedpa-review certificate-of-appealability double-deference federal-courts habeas-corpus ineffective-assistance judicial-deference prejudice-prong standard-of-review strickland-analysis strickland-standard |
Does the AEDPA require federal courts to apply a doubly-deferential standard of review to the prejudice prong of the Strickland analysis? |
| 19-5320 |
Romon Lamont Dobbins v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2019-07-24 |
Denied |
IFP |
criminal-procedure due-process evidentiary-hearing fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence reasonable-doubt search-and-seizure |
Was Petitioner's Conviction Sustained With Insufficient Evidence Beyond A Reasonable Doubt? |
| 19-5322 |
Ottis J. Cummings, Jr., aka Ottis Junior Cummings, aka Otis Cummings, aka Ottis J. Cummings, aka Otis J. Cummings v. Mississippi |
Mississippi |
2019-07-24 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review legal-procedure right-to-counsel sixth-amendment standing |
Whether Counsel's Ineffective Assistance Deprived the Petitioner of Some Substantive or Procedural Right to which the Law Entitles Him? |
| 19-5290 |
Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-23 |
Denied |
IFP |
appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review |
Whether a court of appeals erred in finding that deference to a trial court's factual finding on an attorney's provision of a favorable plea offer was… |
| 19-5293 |
Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-07-23 |
Denied |
Relisted (2)IFP |
6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel |
Does pretrial counsel's failure to advise accused of favorable plea offer constitute denial of effective assistance of counsel? |
| 19-104 |
Flavio Tamez v. United States |
Fifth Circuit |
2019-07-22 |
Denied |
Response WaivedRelisted (2) |
appeal-waiver appellate-procedure certificate-of-appealability collateral-attack constitutional-effectiveness criminal-defendant-waiver due-process immigration-consequences ineffective-assistance ineffective-assistance-of-counsel jae-lee-v-united-states sentencing-consequences waiver-of-rights |
Whether a criminal defendant's generic waiver of right to appeal or collateral attack can waive ineffective assistance of counsel claim |
| 19-105 |
Joseph A. Caramadre v. United States |
First Circuit |
2019-07-22 |
Denied |
Response Waived |
28-usc-2255 abuse-of-discretion appellate-review certificate-of-appealability evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance section-2255 strickland-standard strickland-v-washington |
Should a Writ of Habeas Corpus issue |
| 19-5275 |
Richard Michael Mathisen v. United States |
Fourth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-relief right-to-counsel sentencing sentencing-hearing sixth-amendment |
Whether the district court and Fourth Circuit erred in denying Mr. Mathisen's 28 U.S.C. § 2255 motion based on ineffective assistance of counsel |
| 19-5221 |
Richard Potts v. United States |
Third Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
civil-rights collateral-review constitutional-claim constitutional-provisions criminal-procedure due-process federal-procedure habeas-corpus ineffective-assistance jurisdiction sentencing standing statutory-interpretation |
Whether collateral review is available to obtain relief under 28 USC § 2255 in the circumstances presented |
| 19-5222 |
James Arthur Meeks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-19 |
Denied |
IFP |
abuse-of-discretion appellate-review civil-procedure-bar-rule civil-rights constitutional-violations due-process ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct post-conviction-relief post-conviction-review procedural-bar standing trial-counsel |
Whether the procedural bar statute was properly applied |
| 19-5254 |
Jose Arroyo v. Illinois |
Illinois |
2019-07-19 |
Denied |
IFP |
corpus-delicti counsel-appointment criminal-procedure discovery dna-evidence due-process evidence ineffective-assistance ineffective-assistance-of-counsel sexual-conduct witness-statement |
Did the State fail to prove the corpus delicti of charges alleging penetration and sexual conduct with Jose Arroyo's mouth where the only proof of tho… |
| 19-5255 |
Frank Lobacz v. United States |
Second Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
28-usc-2255 appellate-review court-of-appeals criminal-procedure due-process habeas-corpus ineffective-assistance judicial-error per-se-ineffectiveness procedural-default second-circuit section-2255 sixth-amendment strickland-v-washington trial-counsel |
Whether the Court of Appeals for the Second Circuit erred in affirming the lower court's denial of Petitioner's 28 U.S.C. § 2255 petition alleging ine… |
| 19-5239 |
Kenneth Traylor v. Mississippi |
Mississippi |
2019-07-18 |
Denied |
Response WaivedIFP |
actual-innocence due-process evidentiary-hearing fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction post-conviction-relief |
Whether the petitioner's substantive claim should be heard on the merits as it could not have been raised in earlier proceedings |
| 19-5212 |
Larey Douglas Brown v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-17 |
Denied |
IFP |
14th-amendment 28-usc-2254 actual-innocence aedpa aedpa-limitations constitutional-amendments due-process due-process-clause habeas-corpus ineffective-assistance presumption-of-correctness state-court-proceedings state-habeas |
Did the AEDPA's 28§2254(e) legislation do away with Supreme Court precedent regarding the 14th Amendment Due Process Clause's entitlement to a full an… |
| 19-5218 |
In Re Teon Jamell Williams |
|
2019-07-17 |
Denied |
Response WaivedIFP |
4th-amendment appellate-jurisdiction constitutional-evidence due-process exceptional-circumstances indictment indictment-challenge ineffective-assistance ineffective-assistance-of-counsel retroactivity search-and-seizure short-form-indictment |
Was the conviction obtained by use of evidence obtained by unreasonable search and seizure? |
| 19-5224 |
Lee Chang v. Wisconsin |
Wisconsin |
2019-07-17 |
Denied |
Response WaivedIFP |
brady-violation due-process evidence evidence-translation evidentiary-hearing fair-trial fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel law-enforcement sixth-amendment |
Was recorded evidence by law enforcement and presented by the prosecutor given in a timely manner as well as can it be considered a Brady violation du… |
| 19-87 |
Jerome Burgess v. Phil Hall, Warden |
Georgia |
2019-07-17 |
Denied |
Response Waived |
appellate-counsel brady-v-maryland brady-violation criminal-appeal exculpatory-evidence georgia-supreme-court ineffective-assistance mental-competency plea-bargaining strickland-standard strickland-v-washington |
Did the Georgia Supreme Court err in failing to find that Petitioner's appellate counsel provided ineffective assistance? |
| 19-5175 |
Gregory Green v. Alan Wilson, Attorney General of South Carolina |
Fourth Circuit |
2019-07-15 |
Denied |
IFP |
appeal civil-procedure civil-rights constitutional-rights criminal-procedure discretionary-review due-process equal-protection habeas-corpus ineffective-assistance judicial-review standing |
Whether Couth Caralina Aye late Courd hile IYF Violates due fPOELS aad ogea / yrotedtisn ot Jad, by not entiblag Pethoner thE right th be heard on Gpp… |
| 19-5132 |
Kenneth D. Sills v. Anne L. Precythe, Director, Missouri Department of Corrections |
Eighth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
batson-v-kentucky constitutional-rights criminal-procedure flowers-v-mississippi ineffective-assistance ineffective-assistance-of-counsel jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination sixth-amendment |
Whether certiorari should be granted where trial counsel was ineffective in failing to object to the prosecution's pretextual explanation for exercisi… |
| 19-5126 |
Jesus M. Garcia v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2019-07-09 |
Denied |
IFP |
appellate-review constitutional-violation criminal-procedure due-process fourth-amendment habeas-corpus ineffective-assistance sixth-amendment trial-counsel wiretap wiretap-evidence |
Did the district court and appeals court err in denying appellant relief on ineffective assistance of trial counsel due to counsel's failing to object… |
| 19-5067 |
Jimmie Darnell Dixon v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-07-05 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-insanity-defense-due-process-si due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel insanity-defense insufficient-evidence |
Whether the lower court erred denying COA on the claim of insufficient evidence where petitioner sufficiently proved by a preponderance of the evidenc… |
| 19-5065 |
Chester Ray Crank v. Charmaine Bracy, Warden |
Sixth Circuit |
2019-07-03 |
Denied |
Response WaivedRelisted (2)IFP |
alibi-defense confrontation confrontation-clause conviction criminal-procedure due-process illegal-recordings ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence intoxication police-misconduct prejudicial-evidence |
Is a petitioner provided due process of law when he is convicted on evidence insufficient to sustain a conviction when said evidence was wholly based … |
| 19-5069 |
Chapel Thompson v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
brady-violation buck-v-davis civil-procedure co-defendant court-of-appeals due-process habeas-corpus incriminating-evidence ineffective-assistance ineffective-assistance-of-counsel legal-standard procedural-analysis standing |
Whether the court of appeals followed the dictates of this court's decision in Buck v. Davis, explaining that the COA stage is not coextensive with a … |
| 19-5072 |
Troy Lee Bridges v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-03 |
Denied |
Relisted (2)IFP |
batson-challenge certificate-of-appealability fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel peremptory-strikes prejudice prosecutorial-misconduct standard-of-review voir-dire |
Did the Fifth Circuit err in deferring to the Federal court finding that Mr. Bridges was not prejudiced by his trial counsel,findings and the prosecut… |
| 19-5074 |
Forge Dennis Mileham v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
certificate-of-appealability claim-exhaustion exhaustion exhaustion-of-state-remedies federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell state-court-proceedings vasquez-v-hillery |
Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery and Miller-El v. Cockre… |
| 19-5046 |
James Gregory Armistead v. David Millis, Superintendent, Hyde Correctional Institution |
Fourth Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance legal-documents prosecutorial-misconduct standing trial-error |
Whether the circuit court judges erred when the petition was denied a certificate of appealability, for clear violations where petitioner presented le… |
| 19-14 |
In Re Thomas F. Williams |
|
2019-07-01 |
Denied |
|
due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-bias miscarriage-of-justice procedural-default prosecutor-misconduct sixth-amendment trial-by-jury trial-court-issues |
Whether the federal district & circuit court and the Florida State courts violated the Petitioner's 6th-&-14th-Amendment-rights |
| 19-5012 |
Frank Sarcona v. United States |
Eleventh Circuit |
2019-07-01 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-issues constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel procedural-bar prosecutorial-misconduct |
Did the District Court and the Court of Appeals err in relying on procedural bar instead of the underlying constitutional issues by blocking a federal… |
| 19-5020 |
Khaleefa Lambert v. Darren Settles, Acting Warden |
Sixth Circuit |
2019-07-01 |
Denied |
IFP |
criminal-procedure felony-murder ineffective-assistance ineffective-assistance-of-counsel murder-conviction prejudice premeditated-murder reasonable-jury sixth-amendment standard-of-review sufficiency-of-evidence trial-counsel |
Did the Sixth Circuit err in denying Petitioner's claim that his trial counsel's performance was so deficient as to prejudice the outcome of the trial… |
| 19-5023 |
Jason Keith Walker v. United States |
Ninth Circuit |
2019-07-01 |
Denied |
Response WaivedIFP |
brady-v-united-states brady-violation due-process fifth-amendment giglio-v-united-states ineffective-assistance ineffective-assistance-of-counsel napue-v-illinois plea-bargaining plea-negotiations prosecutorial-misconduct sentencing sixth-amendment |
Whether the petitioner is entitled to a certificate of appealability |
| 19-5002 |
Jared Len Cruse v. Texas |
Texas |
2019-06-28 |
Denied |
IFP |
14th-amendment 4th-amendment cell-phone-evidence conflict-of-interest constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel life-sentence search-and-seizure warrantless-search |
Whether the cell phone evidence was the product of a warrantless search and seizure and/or an illegal detention; and thus, whether this evidence can b… |
| 18-9810 |
Erik Ward v. California |
California |
2019-06-27 |
Denied |
IFP |
attempted-murder civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense physical-evidence premeditation standard-of-proof sufficiency-of-evidence trial-counsel |
Whether trial counsel failed to provide effective assistance of counsel by not properly performing procedural and due process requirements, and not in… |
| 18-9839 |
Robert E. King v. Oklahoma |
Oklahoma |
2019-06-27 |
Denied |
IFP |
appeal-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance ineffective-assistance-of-counsel juvenile-justice post-conviction-relief racial-discrimination |
Did Oklahoma's Appellate Court deprive Robert E. King the right to equal protection |
| 18-9844 |
Garner Wood v. Les Parish, Warden |
Sixth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
appeal appellate-procedure civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-relief postsentencing-motion sentencing sentencing-credit sentencing-error trial-counsel |
Whether the trial court denied Petitioner Wood's due process right under the Fourteenth Amendment by not granting his jail credit for 14-30 days after… |
| 18-9845 |
Bradley Joseph Vanzant v. Keith Yordy, Warden |
Ninth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-violations criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct structural-error |
Did petitioner make an involuntarily unknown and unintelligent plea through ineffective assistance of counsel and violations of his 6th Amendment righ… |
| 18A1366 |
Julio Mario Haro-Verdugo v. United States |
Ninth Circuit |
2019-06-27 |
Presumed Complete |
|
conflict-of-interest constitutional-violation fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when an undisclosed romantic relationship exists b… |
| 18-9800 |
Barton Joseph Adams v. United States |
Fourth Circuit |
2019-06-25 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment civil-contempt civil-rights civil-rights-violations constitutional-violation due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel pre-trial-incarceration section-2255 supervisory-powers |
Whether the district court and the appeal court departed from the accepted and usual course of judicial proceedings |
| 18-9782 |
Carlous Lindell Daily v. United States |
Eighth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
18-USC-924(c)(3)(B) 18-usc-924c constitutional-rights crime-of-violence ineffective-assistance ineffective-assistance-of-counsel Johnson johnson-precedent johnson-v-united-states resentencing sentencing sentencing-error statutory-interpretation statutory-maximum USSG-4B1.2 |
Whether the lower court(s) erred in concluding that petitioner did not suffer ineffective assistance of counsel |
| 18-9770 |
Lionel Toye v. Steven Racette, Superintendent, Great Meadows Correctional Facility |
Second Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance lafler-v-cooper plea-bargaining plea-negotiations right-to-counsel sentencing sentencing-exposure strickland-standard strickland-v-washington trial-counsel |
Whether this court should revisit the claim of ineffective assistance of trial counsel during plea negotiations |
| 18-1571 |
Steve Kelly Moyer v. Kansas |
Kansas |
2019-06-24 |
Denied |
Response Waived |
automatic-reversal chapman-v-california constitutional-error constitutional-errors credibility-assessment due-process harmless-error ineffective-assistance ineffective-assistance-of-counsel neder-v-united-states overwhelming-evidence stare-decisis strickland-standard strickland-v-washington |
Whether the Kansas Supreme Court failed to consider the prejudicial constitutional errors committed by trial counsel and applied an incorrect standard… |
| 18A1349 |
Pennsylvania v. Milton Montalvo |
Pennsylvania |
2019-06-21 |
Presumed Complete |
|
capital-sentencing death-penalty eighth-amendment ineffective-assistance jury-recommendation mental-health-mitigation |
Whether a prosecutor's and trial court's statements characterizing a jury's capital sentencing verdict as a mere 'recommendation' constitute a violati… |
| 18-9751 |
Thomas Edward Nesbitt v. Scott R. Frakes, Director, Nebraska Department of Correctional Services |
Eighth Circuit |
2019-06-21 |
Dismissed |
Relisted (2)IFP |
actual-innocence aedpa brady-violation castro-v-us constitutional-rights due-process habeas habeas-corpus ineffective-assistance non-successiveness panetti-v-quarterman |
Does the Appellate Court's obscure Panel denials violate the 1996 A.E.D.P.A. Constitutional Due Process question in conflict with the Certiorari decis… |
| 18-9711 |
David Meyers v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2019-06-20 |
Denied |
Relisted (2)IFP |
civil-rights compulsory-process constitutional-rights criminal-procedure due-process fail-to-strike-testimony fair-trial false-testimony ineffective-assistance ineffective-assistance-of-counsel intrinsic-fraud perjury post-conviction-relief prosecutorial-misconduct |
Did attorney Paul Roskins violate due-process, fail-to-strike-testimony, false-testimony, compulsory-process, ineffective-assistance-of-counsel |
| 18-9744 |
Landon Quinn v. Darrel Vannoy, Warden |
Louisiana |
2019-06-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-conviction due-process ineffective-assistance ineffective-assistance-of-counsel non-unanimous-verdict nonunanimous-verdict prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington |
Whether the fact that a criminal conviction was returned by a non-unanimous verdict is relevant to a court's consideration of the prejudice prong of S… |
| 18-9754 |
Daniel Teitelbaum v. Neil Turner, Warden |
Sixth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
brady-violation constitutional-violation dna dna-evidence due-process fbi-codis-database guilty-verdict ineffective-assistance ineffective-counsel jury-unanimity new-evidence prejudice procedural-default prosecutorial-misconduct |
Did flaws in the FBI's CODIS DNA database prejudice the defendant and lead to a guilty verdict? |
| 18-9705 |
Leonard Moore v. United States |
Sixth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review certificate-of-appealability crime-of-violence criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
Whether 18 U.S.C. §1959(a)(3) qualifies as a crime of violence for the purpose of §924(c)(3)(A) element clause |
| 18-9728 |
Sung Ho Park v. Tammy Foss, Warden |
Ninth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
confession due-process fair-trial ineffective-assistance interrogation involuntary-confession lesser-included-offense physical-incapacitation police-interrogation prosecutorial-misconduct right-to-counsel |
whether-park-could-make-a-voluntary-statement |
| 18-9715 |
Johnny Curtis Bedgood v. United States |
Eleventh Circuit |
2019-06-18 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure critical-stage evidentiary-hearing fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining pre-trial-counsel section-2255 sentencing sentencing-enhancements |
whether-the-us-district-court-abused-its-discretion |
| 18A1320 |
Adnan Syed v. Maryland |
Maryland |
2019-06-18 |
Presumed Complete |
|
alibi-evidence constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel was violated by trial counsel's failure to investigate and pre… |
| 18-9656 |
In Re Lexter K. Kossie |
|
2019-06-17 |
Denied |
IFP |
character-evidence character-witness constitutional-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence mitigation right-to-testify sentencing sentencing-phase |
Can a trial counsel render constitutionally performance and not prejudice the defense |
| 18-9695 |
Robert A. Wagner v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process effective-representation expert-testimony eyewitness-identification habeas-corpus ineffective-assistance miller-el-standard miller-el-v-cockrell reasonable-probability trial-outcome |
Whether the Ninth Circuit's ruling denying a certificate of appealability conflicts with the 'debatable' standard from Miller-El v. Cockrell |
| 18-9674 |
Terence Tramaine Andrus v. Texas |
Texas |
2019-06-14 |
GVR |
Amici (1)Relisted (24)IFP |
death-penalty due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-v-washington |
Does the Strickland standard fail to protect Sixth Amendment right to fair trial and Fourteenth Amendment right to due process in death-penalty cases … |
| 18-9652 |
Cedric McDonald v. United States |
Eighth Circuit |
2019-06-13 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel jury-selection racial-bias sixth-amendment trial-counsel voir-dire |
Whether trial counsel rendered ineffective counsel in failing to object to district court's use of a video in voir dire, which was designed to get jur… |
| 18-9632 |
Major Hudson, III v. Oklahoma |
Oklahoma |
2019-06-12 |
Denied |
IFP |
14th-amendment due-process ineffective-assistance laches liberty-interest miscarriage-of-justice procedural-default sixth-amendment |
Where a procedural default is the result of ineffective assistance of counsel and the state's responsibility, can the state use laches to avoid correc… |
| 18-9609 |
Charles L. v. Donnie Ames, Superintendent, Mount Olive Correctional Complex |
West Virginia |
2019-06-11 |
Denied |
IFP |
collateral-acts collateral-acts-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense limiting-instruction sixth-amendment strickland-standard strickland-v-washington trial-counsel |
Does the failure of trial counsel to request a limiting instruction related to unindicted collateral acts evidence constitute ineffective assistance o… |
| 18-9597 |
Jose Berrum, Jr. v. United States |
Fifth Circuit |
2019-06-10 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability criminal-procedure district-court fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington |
May This Court Grant Certificate Of Appealability Or Overturn Conviction Where The Fifth Circuit Court Of Appeals Sanctioned District Court's Misappli… |
| 18-9570 |
Cody Joseph Morgan v. Texas |
Texas |
2019-06-07 |
Denied |
IFP |
appeal double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel judicial-vindictiveness north-carolina-v-pearce retrial sentencing sentencing-package texas-v-mccullough |
Whether Texas v. McCullough created a bright-line rule that the presumption of judicial vindictiveness under North Carolina v. Pearce is inapplicable … |
| 18-9556 |
Charles R. Willard v. California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-06-05 |
Denied |
IFP |
certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment |
Is the low threshold for a certificate of appealability (COA) met on a claim that trial counsel provided prejudicially deficient performance when coun… |
| 18-9557 |
Charles C. Brewington v. Oklahoma |
Oklahoma |
2019-06-05 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights constitutional-violation criminal-procedure custody due-process habeas-corpus ineffective-assistance judicial-misconduct legal-standard sixth-amendment standing wrongful-conviction |
Whether the petitioner's due process rights were violated by the state court proceedings |
| 18A1270 |
William Alan Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-05 |
Presumed Complete |
|
aggravated-robbery certificate-of-appealability deadly-weapon due-process habeas-corpus ineffective-assistance |
Whether a single open-handed push during a shoplifting attempt constitutes use of a 'deadly weapon' under Texas law sufficient to support a first-degr… |
| 18A1263 |
Keith D. Nelson v. United States |
Eighth Circuit |
2019-06-04 |
Presumed Complete |
|
capital-sentencing certificate-of-appealability constitutional-standards death-penalty eighth-amendment ineffective-assistance |
Whether the Eighth Amendment and standards for ineffective assistance of counsel require a new sentencing hearing when trial counsel's performance fal… |
| 18-9511 |
Christopher Stepp v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-06-04 |
Denied |
IFP |
constitutional-claims federal-habeas habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper missouri-v-frye wilson-v-sellers |
Whether a federal habeas petitioner is entitled to § 2254 habeas relief |
| 18-9529 |
Anibal Del Valle-Hiraldo v. United States |
First Circuit |
2019-06-04 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining rosemond-v-united-states sixth-amendment |
Whether an attorney's advice to a defendant to plead guilty to aiding and abetting the carry, use and possession of a firearm in furtherance of a crim… |
| 18-9536 |
Shawn J. Gieswein v. United States |
Tenth Circuit |
2019-06-04 |
Denied |
Response WaivedIFP |
certificate-of-appealability crime-of-violence criminal-procedure ineffective-assistance ineffective-assistance-of-counsel resentencing second-amendment sentencing-guidelines upward-variance witness-tampering |
Whether the United States Court of Appeals for the Tenth Circuit erroneously denied Certificate of Appealability |
| 18-9543 |
Lonnie Haney v. Shane Jackson, Warden |
Sixth Circuit |
2019-06-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper plea-bargaining plea-offer right-to-counsel time-constraints |
Are the lower court rulings in direct conflict with the spirit of this Court's holding in Lafler v. Cooper? |
| 18-9525 |
Mark A. Harris v. Suzanne M. Peery, Warden |
Ninth Circuit |
2019-06-03 |
Denied |
Response WaivedIFP |
credibility credibility-determination criminal-procedure-ineffective-assistance-of-couns evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining strickland-standard strickland-v-washington |
Whether the standard for reviewing a petitioner's allegations of special circumstances is subjective or objective, and whether an evidentiary hearing … |
| 18-9509 |
Robert Lehmann v. Scott Kernan, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-05-31 |
Denied |
Response WaivedIFP |
arizona-v-youngblood bad-faith-exception brady-v-maryland due-process evidence evidence-preservation fair-trial ineffective-assistance prosecutorial-misconduct scientific-evidence scientific-testing strickland-v-washington |
With the advancement of scientific testing methods of biological evidence, is the 'bad faith' exception to the failure to preserve evidence carved out… |
| 18-1494 |
Michael Steven Beeman v. United States |
Fourth Circuit |
2019-05-31 |
Denied |
Response Waived |
counsel-performance criminal-procedure fourth-amendment guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining pre-trial-motion pre-trial-motions prejudice reasonable-counsel reasonable-performance |
Whether jurists of reason could debate that a district court must evaluate the merits of a potential motion to suppress where the defendant pled guilt… |
| 18-1495 |
Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. v. Charles Christopher Williams |
Fourth Circuit |
2019-05-31 |
Denied |
|
aedpa aedpa-review aedpa-standard capital-case capital-punishment capital-sentencing double-edged-evidence double-edged-sword fetal-alcohol-syndrome future-dangerousness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington |
Whether a state court is objectively unreasonable under 28 U.S.C. § 2254(d)(1) in concluding a capital defendant was not prejudiced by counsel's failu… |
| 18-9474 |
Irving Madden v. Michael Melvin, Warden |
Seventh Circuit |
2019-05-30 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense sixth-amendment strickland-standard |
Whether the Seventh Circuit Court of Appeals decision is consistent with Strickland v. Washington |
| 18-9440 |
Earl Lee Dixie v. Kenneth Harrington, Warden |
Ninth Circuit |
2019-05-29 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment eighth-amendment ineffective-assistance ineffective-assistance-of-counsel intoxication-defense mental-health-defense mental-health-evidence specific-intent strickland-standard strickland-v-washington |
Whether Dixie's trial counsel was prejudicially ineffective for failing to present evidence that Dixie suffered from paranoid schizophrenia, which wou… |
| 18-9438 |
Nathaniel Woods v. Cynthia Stewart, Warden, et al. |
Eleventh Circuit |
2019-05-28 |
Denied |
IFP |
certificate-of-appealability habeas habeas-corpus habeas-corpus,ineffective-assistance-of-counsel,ma ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan plea-bargaining plea-negotiations trevino-exception trevino-v-thaler |
Could reasonable jurists disagree with the district court's rejection of Mr. Woods' claim that Martinez v. Ryan, 566 U.S. 1 (2012), and Trevino v. Tha… |
| 18-9442 |
Donald Loston v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-05-28 |
Denied |
Response WaivedIFP |
6th-amendment counsel-of-choice criminal-procedure due-process ineffective-assistance judicial-efficiency judicial-integrity reversible-error right-to-counsel sixth-amendment state-trial-court trial-court-discretion |
Whether a state trial court denial of counsel of choice is reversible error when no threat against the interest of judicial integrity and efficiency w… |
| 18A1223 |
Keith Jerome Wright v. M. Eliot Spearman, Warden |
Ninth Circuit |
2019-05-28 |
Presumed Complete |
|
dna-evidence due-process fourth-amendment ineffective-assistance prosecutorial-misconduct search-and-seizure |
Whether the Fourth and Fourteenth Amendments require suppression of DNA evidence obtained through an allegedly unlawful arrest and seizure due to inef… |
| 18-9385 |
Cargil Nicholson v. Rollin Cook, Commissioner, Connecticut Department of Correction |
Connecticut |
2019-05-23 |
Denied |
IFP |
abuse-of-discretion appellate-review certification-of-appeal criminal-procedure discretionary-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel trial-counsel |
Whether the Connecticut Supreme Court erred by denying the petitioner certification to appeal from the Appellate Court? |
| 18-9409 |
Fermin Guerrero v. Martin Biter, Warden |
Ninth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
brady-violation constitutional-errors criminal-trial-errors cumulative-error cumulative-prejudice due-process eyewitness-testimony habeas-review ineffective-assistance ineffective-assistance-of-counsel informant-testimony strickland strickland-standard strickland-violation |
Does the Constitution require a cumulative assessment of multiple constitutional errors at a criminal trial? |
| 18A1208 |
Herron Kent Duckett v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-22 |
Presumed Complete |
|
batson-challenge constitutional-right habeas-corpus ineffective-assistance jury-selection state-court-review |
Whether ineffective assistance of counsel claims involving failure to investigate and challenge jury selection require federal habeas relief when the … |
| 18-9350 |
Russell Rafael Whitehead v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-20 |
Denied |
IFP |
assault-battery constitutional-review court-procedure criminal-law deadly-weapon ineffective-assistance ineffective-assistance-of-counsel jury-charge jury-instructions legal-standard standard-of-review use-of-force |
Can a fist be considered a deadly weapon in and of itself? |
| 18-9352 |
Donald C. Ridley v. United States |
Seventh Circuit |
2019-05-20 |
Denied |
Response WaivedIFP |
aiding-abetting aiding-and-abetting Bullcoming-v-New-Mexico confrontation-clause Crawford-v-Washington due-process griffin-v-united-states ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions rosemond-v-united-states strickland-standard Strickland-v-Washington yates-v-united-states |
Does a lower Court's admission that a aiding and abetting jury instruction was erroneous in light of this Court decision in Rosemond v. United States,… |
| 18-9278 |
In Re Edmond McClinton |
|
2019-05-17 |
Dismissed |
IFP |
actual-innocence civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel lack-of-due-process lack-of-jurisdiction miscarriage-of-justice probable-cause prosecutorial-misconduct |
There was no probable cause for arrest |
| 18-9279 |
Regina M. Preetorius v. United States |
Eleventh Circuit |
2019-05-17 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights counsel-performance criminal-procedure due-process federal-jurisdiction ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment standing strickland-standard strickland-v-washington |
Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted |
| 18-9336 |
Saul Elias Camilo v. United States |
Eleventh Circuit |
2019-05-17 |
Denied |
Response WaivedIFP |
28-usc-2255 appellate-review district-court due-process fair-administration-of-justice ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining section-2255 sentencing-guidelines |
Where a plea deal has opposing clauses, is such confusion sufficient to reach the bar for appellate review in a §2255 process when ineffective-assista… |
| 18-9297 |
Jeremy Shane Hall v. John Myrick, Superintendent, Two Rivers Correctional Institution |
Ninth Circuit |
2019-05-16 |
Denied |
Response RequestedResponse WaivedRelisted (5)IFP |
constitutional-rights criminal-procedure federal-habeas-corpus habeas-corpus ineffective-assistance professional-norms reasonableness-of-counsel record-evidence sixth-amendment state-post-conviction |
Whether a court can disregard record evidence of the prevailing professional norms in assessing the reasonableness of counsel's action or inaction und… |
| 18-9310 |
Roberto Nieto Cruz v. Texas |
Texas |
2019-05-16 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process extraneous-evidence extraneous-offense-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard |
Whether the Court of Appeals erred in misapplying the Strickland standard and depriving the Appellant of his constitutional rights to due process and … |
| 18-9268 |
Manuel Antonio Mejia Rivera v. Donna Kay McKinney, et al. |
Fifth Circuit |
2019-05-15 |
Denied |
IFP |
confrontation-clause constitutional-rights due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel self-defense sixth-amendment void-conviction witness-testimony |
Whether the 5th Circuit erred in denying Mr. Rivera's procedural request for a Certificate of Appealability (COA) in violation of Supreme Court preced… |
| 18-9281 |
Randy Burke v. Diane Prosper, Acting Warden, et al. |
Virgin Islands |
2019-05-15 |
Denied |
IFP |
6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel |
Whether the counsel's failure to cross-examine the main witness Beatrice Lawrence constituted ineffective assistance of counsel |
| 18-9283 |
Constance F. Russell v. First Resolution Investment Corporation |
Alabama |
2019-05-15 |
Denied |
Relisted (2)IFP |
appellate-review civil-procedure constitutional-rights due-process federal-judicial-act-of-1925 independent-action ineffective-assistance ineffective-assistance-of-counsel judicial-act no-opinion-ruling rule-60(b)(6) rule-60b6 standing state-and-federal-constitutional-rights |
Did the Alabama Supreme Court violate petitioner pro se' State and Federal Constitutional Rights of due-process, when they refuse to adjudicate a case… |
| 18-9291 |
Adrian Green v. United States |
Eleventh Circuit |
2019-05-15 |
Denied |
Response WaivedIFP |
6th-amendment career-offender criminal-history due-process ineffective-assistance ineffective-assistance-of-counsel plain-error plea-agreement prior-convictions sentencing sentencing-error |
Was defense counsel ineffective or deficient in their representation of the defendant? |
| 18-1433 |
Milton Balkany v. United States |
Second Circuit |
2019-05-15 |
Denied |
Response Waived |
actual-innocence criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan miscarriage-of-justice procedural-default reasonable-doubt trevino-v-thaler |
Whether a lower court can apply a default rule or ignore precedent on actual innocence and ineffective assistance of counsel claims |
| 18-9255 |
Santosh Ram v. United States |
Eighth Circuit |
2019-05-14 |
Rehearing |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines |
Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co… |
| 18-9228 |
David D. Ewing v. Ronda Pash, Warden |
Eighth Circuit |
2019-05-13 |
Denied |
Response WaivedIFP |
appellate-review claims-barred due-process exhaustion-of-remedies federal-review habeas-corpus ineffective-assistance judicial-admission merits-consideration procedural-default self-defense state-court-appellate state-court-proceedings |
Whether a petitioner's claims are barred from federal review when the underlying claims have been considered on the merits during state court appellat… |
| 18-9198 |
John Naasz v. Texas |
Texas |
2019-05-10 |
Denied |
IFP |
14th-amendment criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment sudden-passion sudden-passion-defense |
Whether a Texas prisoner has a right to effective counsel in collateral review proceedings |
| 18-9196 |
Delano Marco Medina, aka Michael David Allen Bell, aka William Anders Bryant v. United States |
Tenth Circuit |
2019-05-09 |
Denied |
Response WaivedIFP |
alibi-defense barker-factors cell-site-location-information constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel reason-for-delay self-representation sixth-amendment speedy-trial |
Whether the reason-for-delay factor in a Sixth Amendment speedy trial analysis weighs against the government when it intentionally waits and does not … |
| 18-9199 |
Peter Alfred Perez v. Michigan |
Michigan |
2019-05-09 |
Denied |
IFP |
brady-violation constitutional-rights criminal-procedure crosby-hearing due-process impartial-jury ineffective-assistance ineffective-counsel jury-impartiality mistrial resentencing |
Did the trial court abuse its discretion in denying relief from judgment based on a violation of the right to an impartial jury and ineffective assist… |
| 18-9216 |
Klark Deziray Hopkins v. California |
California |
2019-05-09 |
Denied |
Response WaivedIFP |
appeal appeal-waiver constitutional-rights due-process fourteenth-amendment ineffective-assistance liberty plea-agreement presumption-against-waiver property right-to-appeal |
Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause's guaranty against deprivations… |
| 18-9173 |
Paul Hillard Posey, Sr. v. Texas |
Texas |
2019-05-07 |
Denied |
IFP |
counsel-on-appeal due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Should the Sixth Amendment's constitutional guarantee to counsel on appeal extend to habeas corpus when habeas corpus is the first opportunity to revi… |
| 18-9180 |
Cesar Arce-Hernandez v. United States |
Ninth Circuit |
2019-05-07 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-justice-act criminal-procedure garza-v-idaho indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-proceedings right-to-counsel sixth-amendment |
Does a Sixth Amendment claim of ineffectiveness of assistance of counsel during pretrial proceedings survive a general waiver of the right to appeal i… |
| 18-9163 |
Phillip L. Horrell v. Michael D. Downey, Sheriff, Kankakee County, Illinois |
Seventh Circuit |
2019-05-06 |
Denied |
Response WaivedIFP |
actual-innocence brady-violation civil-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standing voluntary-plea |
Whether the district court erred in dismissing petitioner's claims and denying an evidentiary hearing |
| 18-9069 |
Hector Rengifo v. United States |
Third Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-court-split civil-procedure controlled-substance controlled-substance-offense court-of-appeals due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment standing supreme-court-precedent united-states-v-winstead |
Whether two United States Court of Appeals has entered a decision in conflict with relevant decision of this Court |
| 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… |
| 18-9133 |
Abdul Karim Bangura v. United States |
Fourth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourth-circuit-review guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice right-to-counsel sentencing-enhancement withdrawal |
Whether the district court erred in denying the defendant's motion to withdraw his guilty plea |
| 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 |
| 18-1385 |
Ruben Delhorno v. United States |
Seventh Circuit |
2019-05-03 |
Denied |
Response Waived |
coram-nobis criminal-procedure deportation-consequences habeas-corpus immigration immigration-consequences immigration-proceedings ineffective-assistance ineffective-assistance-of-counsel padilla-v-kentucky padilla-waiver sixth-amendment writ-of-error-coram-nobis |
Whether a Padilla constitutional waiver may be inferred without an evidentiary hearing by mere passage of time where defendant sought neither a direct… |
| 18-9084 |
Edward JoRodge Gladney v. United States |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
criminal-procedure diminished-capacity due-process evidentiary-hearing expert-testimony ineffective-assistance ineffective-assistance-of-counsel mental-capacity plea-bargaining plea-voluntariness sentencing sentencing-mitigation |
Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegation… |
| 18-9088 |
Charles W. Gray v. Indiana |
Indiana |
2019-05-02 |
Denied |
IFP |
appellate-counsel constitutional-rights due-process fifth-amendment fourteenth-amendment indiana-constitution ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether the State of Indiana has erred whether Petitioner received ineffective assistance of counsel |
| 18-9046 |
Richard Shusterman v. United States |
Fourth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability district-court due-process fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-jurists standard-of-review |
Did the Fourth Circuit Court of Appeals err in denying issuance of a Certificate of Appealability of a 28 U.S.C. § 2255 ruling when the District Court… |
| 18-9053 |
Paul William Hilton v. United States |
Sixth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
civil-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance post-conviction-relief standing title-28-usc-2255 |
Whether the Petitioner is entitled to an evidentiary hearing pursuant to Title 28 U.S.C. § 2255 |
| 18-1369 |
James Bradley Anderson v. Washington |
Washington |
2019-05-01 |
Denied |
|
bill-of-particulars criminal-procedure double-jeopardy due-process ineffective-assistance jury-instructions pre-trial-notice prosecutorial-discretion |
Must the particulars of each count of an information be specified prior to trial, or can a prosecutor be allowed to match alleged acts to the counts i… |
| 18-9044 |
Troy Latrial Ramsey v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-standard miller-el-v-cockrell per-se-rule reasonable-jurist sixth-amendment strickland-v-washington |
Whether the Ninth Circuit's ruling denying a certificate of appealability conflicts with this Court's ruling in Miller-El v. Cockrell |
| 18-9045 |
Kevin Robinson v. Steven Johnson, Administrator, New Jersey State Prison |
Third Circuit |
2019-04-30 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial impartial-jury ineffective-assistance jury-impartiality self-incrimination sixth-amendment |
Are trial attorneys obligated to protect every fundamental right entitled to defendants under the United States Constitutional Amendments? |
| 18-9004 |
Vaughn S. Archer v. Daniel Paramo, Warden |
Ninth Circuit |
2019-04-29 |
Denied |
Response WaivedIFP |
boykin-advisement criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-trial sentencing sentencing-reduction statutory-interpretation statutory-reduction trial-court-advisement |
Whether Archer knowingly and voluntarily entered into a guilty plea where the trial court failed to advise him as to the potential application of a st… |
| 18-9027 |
Marc Nielsen v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-04-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-procedure civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief professional-conduct sixth-amendment statute-of-limitations |
Whether petitioner's request for equitable tolling of the statute of limitations meets the statutory requirement for the issuance of a certificate of … |
| 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… |
| 18-9002 |
David Curtis Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
aedpa de-novo-review ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington |
Whether the Petitioner was prejudiced under the Sixth Amendment due to trial counsel's failure to object to a concededly erroneous jury instruction an… |
| 18-9011 |
Anthwaun Jordan v. Texas |
Texas |
2019-04-26 |
Denied |
Response RequestedRelisted (2)IFP |
6th-amendment civil-procedure due-process habeas-corpus ineffective-assistance-of-counsel standing civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance right-to-counsel |
Was the petitioner denied his right to the effective assistance of counsel |
| 18-9013 |
Michael P. Crenshaw v. Illinois |
Illinois |
2019-04-26 |
Denied |
IFP |
14th-amendment 5th-amendment coerced-confession constitutional-claim due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance judicial-review miranda-rights procedural-bar statute-of-limitations substantive-evidence |
Whether the use of a coerced confession as substantive evidence at trial violates due process rights under the Fifth and Fourteenth Amendments |
| 18-8993 |
Frederick R. Cote v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-04-25 |
Denied |
IFP |
actual-innocence certificate-of-appealability false-evidence false-testimony habeas habeas-corpus ineffective-assistance life-without-parole third-party-culpability |
Is the low threshold for a certificate of appealability (COA) met on a freestanding claim of actual innocence" |
| 18-8936 |
William Arthur McIntosh v. Texas |
Texas |
2019-04-23 |
Denied |
Response WaivedIFP |
brady-v-maryland criminal-procedure exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan newly-available-evidence schlup-v-delo state-court-review successive-writ supreme-court-precedent texas-code-of-criminal-procedure texas-court-of-criminal-appeals trevino-v-thaler |
Did the Texas Court of Criminal Appeals rule adversely by denying Petitioners successive writ of habeas corpus when he presented newly available evide… |
| 18-8952 |
Boris Murphy v. United States |
Fourth Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
2255-motion 6th-amendment conflict-of-interest deficient-performance direct-appeal due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment |
Did the Fourth Circuit review the District Court's error in denying petitioner's 28 U.S.C. 2255 claim de novo that was based on conflict of interest a… |
| 18-8961 |
Dion Thomas v. United States |
Eighth Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion blackledge-v-allison civil-rights district-court due-process evidentiary-hearing evidentiary-hearing-discretion habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ins-v-phinpathya plea-bargaining plea-negotiations rose-v-lundy sixth-amendment standing unsworn-statements |
Whether the District Court abused its discretion by failing to conduct an evidentiary hearing |
| 18-8888 |
Nexis Rene Gomez v. Ken Clark, Acting Warden |
Ninth Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure constitutional-rights due-diligence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) sixth-amendment |
Did the Ninth Circuit erred in finding that petitioner did not showed that jurist of reason would find it debatable whether the district court abused … |
| 18-8912 |
Cirilo Flores v. United States |
Third Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-plea-bargaining due-process guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-agreement prejudice strickland-v-washington voluntary-and-intelligent-choice voluntary-plea |
Whether the guilty plea entered was legal when the petitioner did not fully understand, know or intelligently accept the voluntary guilty plea agreeme… |
| 18-8933 |
Zaamar Bersan Stevenson v. Pennsylvania Board of Probation and Parole, et al. |
Third Circuit |
2019-04-22 |
Denied |
IFP |
appeal appeal-process certificate-of-appealability criminal-procedure due-process first-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehabilitation-process right-to-counsel subject-matter-jurisdiction |
Whether Mr. Stevenson was entitled to relief on his claim of ineffective assistance of counsel |
| 18-8942 |
Jeffrey Akard v. Robert E. Carter Jr., Commissioner, Indiana Department of Correction |
Seventh Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
412-Rape-Shield-law-conflict Brady-materials brady-violation due-process evidence-suppression evidentiary-hearing exculpatory-evidence Fifth-Amendment-Due-Process habeas-corpus habeas-relief impeaching-evidence ineffective-assistance ineffective-assistance-of-counsel rape-shield-law sentencing-claims strickland-standards |
Was Petitioner's 94 year sentence for rape related charges based only on accuser's testimony, in violation of Fifth-Amendment-Due-Process, warrant hab… |
| 18-8921 |
Hector Tellez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-19 |
Denied |
IFP |
criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-time-period recent-precedence recent-precedent supremacy-clause supreme-court-precedent trial-counsel trial-outcome united-states-supreme-court |
What is a reasonable time period for trial counsel to be required to become aware of recent precedence before he/she may be deemed ineffective for fai… |
| 18-8925 |
Charles Reginald Cooks v. Superior Court of California, Los Angeles County, et al. |
California |
2019-04-19 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure damages due-process equal-protection habeas-corpus ineffective-assistance post-conviction-relief standing |
Whether the complaint named the defendant in their true names, with statements that are true |
| 18-8895 |
Kevin Watkins v. Massachusetts |
Massachusetts |
2019-04-18 |
Denied |
Response WaivedIFP |
appellate-counsel civil-rights conflicted-jurors conflicts-of-interest criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-selection open-trial |
Is a defendant's right to an open trial violated when an attorney observing the trial and was asked to assist with defendant's appeal, was barred from… |
| 18-8875 |
George E. Brown v. Pam Bondi, Attorney General of Florida, et al. |
Eleventh Circuit |
2019-04-17 |
Denied |
IFP |
aedpa-time civil-rights civil-rights-law due-process equitable-tolling federal-habeas habeas-corpus ineffective-assistance pipeline-analysis postconviction-relief retroactivity standing statutory-interpretation |
Whether the 'pipeline' analysis should be expanded to new law that applies to postconviction claims where the resolution of the postconviction claim w… |
| 18-8857 |
Jeffrey A. Weisheit v. Indiana |
Indiana |
2019-04-16 |
Denied |
IFP |
aggravating-circumstances constitutional-rights criminal-procedure death-penalty ineffective-assistance ineffective-assistance-of-counsel mitigating-circumstances penalty-phase strickland-standard strickland-v-washington williams-v-taylor |
Whether the Indiana Supreme Court contravened Strickland by acknowledging counsel made mistakes, but not finding them to be deficient performance even… |
| 18-8828 |
Dante Overby v. Pennsylvania |
Pennsylvania |
2019-04-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel overreach plea-bargaining speedy-trial |
Does the guilty plea induced by an 'illusory promise' violate the 6th Amendment? |
| 18-8788 |
Robert L. Moore v. Noah Nagy, Warden |
Sixth Circuit |
2019-04-12 |
Denied |
Response WaivedIFP |
28-usc-2254 28-usc-2254-d-2 28-usc-2254-e-1 adjudication-on-merits adjudication-on-the-merits constitutional-claim de-novo-review federal-habeas federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-review |
Where a state court denies a person the opportunity to establish the necessary factual record to support a claim of ineffective assistance of counsel,… |
| 18-8734 |
Corey D. Phillips v. Illinois |
Illinois |
2019-04-10 |
Denied |
IFP |
civil-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-counsel witness-testimony |
Was the defendant's counsel ineffective for failing to properly investigate and present evidence of a plea agreement? |
| 18-8741 |
Francisco Frank Apodaca, Jr. v. United States |
Fifth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
association-in-fact corporation enterprise enterprise-definition guilty-plea individuals ineffective-assistance legal-entity rico rico-statute sentencing-error statutory-interpretation union |
Can a corporation or other legal entity be associated in fact with a union or one or more individuals under the 'enterprise' definition of the RICO st… |
| 18-8750 |
Alex A. Campbell v. United States District Court for the Northern District of Illinois |
Seventh Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
28-usc-144-455 conflict-of-interest constitutional-violation due-process ex-parte-communication fifth-amendment ineffective-assistance judicial-ethics judicial-misconduct pro-se recusal |
Must a judge recuse himself after improper ex parte communication? |
| 18-8727 |
Corey Wiggins v. Stanley Payne, Warden |
Eighth Circuit |
2019-04-08 |
Denied |
IFP |
certificate-of-appealability constitutional-rights criminal-procedure failure-to-investigate habeas-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel second-degree-murder sixth-amendment voluntary-manslaughter |
Whether the Eighth Circuit Court of Appeals erred in refusing to grant a certificate of appealability |
| 18-8712 |
John Hummel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-05 |
Denied |
IFP |
character-and-record death-penalty future-dangerousness ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence pretrial-incarceration sixth-amendment sixth-amendment-right-to-counsel strickland-standard strickland-v-washington trial-counsel |
Whether a death penalty defendant received ineffective assistance of trial counsel for failing to investigate and present evidence of the defendant's … |
| 18-8713 |
Briand Williams v. California |
California |
2019-04-05 |
Dismissed |
Response WaivedIFP |
6th-amendment code-of-civil-procedure constitutional-violation counsel-of-choice due-process equal-protection ineffective-assistance marsden-hearing plea-bargaining procedural-rights right-to-counsel sentencing sixth-amendment |
Does a defendant have a right to replace his privately retained counsel at any time during trial court proceedings? |
| 18-8689 |
Joel Glaston Muir v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2019-04-04 |
Denied |
IFP |
clear-record constitutional-rights criminal-homicide criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel known-eyewitness legal-review lesser-degree-homicide postconviction-review right-to-counsel standard-of-review trial-counsel trial-strategy |
Whether initial-postconviction review counsel provided ineffective assistance |
| 18-8702 |
Vernon Carter v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-04-04 |
Denied |
IFP |
fifth-amendment fourth-amendment habeas-corpus illegal-traffic-stop ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress sixth-amendment |
Whether the Florida Supreme Court erred in affirming the denial of Carter's petition for writ of habeas corpus, where Carter raised sufficient allegat… |
| 18-8707 |
Wallace G. Carlyle v. Sherman Campbell, Warden |
Sixth Circuit |
2019-04-04 |
Denied |
IFP |
constitutional-rights effective-assistance-of-counsel fourteenth-amendment history-of-abuse ineffective-assistance mental-retardation plea-bargaining plea-withdrawal right-to-jury-trial sixth-amendment |
Did trial counsel's failure to adequately consider mental-retardation-and-history-of-abuse deprive defendant of effective-assistance-of-counsel,right-… |
| 18-8680 |
George Rahsaan Brooks v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township |
Third Circuit |
2019-04-03 |
Dismissed |
IFP |
actual-innocence aedpa aedpa-standard certificate-of-appealability constitutional-claims habeas-corpus ineffective-assistance ineffective-assistance-of-counsel retroactive-precedent retroactivity rule-60(b) rule-60b subject-matter-jurisdiction |
Whether the decision of McQuiggin v. Perkins applies retroactively |
| 18-8681 |
Jamal James Carmouche v. Jason Kent, Warden |
Fifth Circuit |
2019-04-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-circuit-error ineffective-assistance ineffective-assistance-of-counsel judicial-review malicious-prosecution standard-of-review sufficiency-of-evidence trial-counsel trial-record |
Whether there was sufficient evidence to convict Mr. Carmouche of a crime? |
| 18-8682 |
Sean Carter v. Wanza Jackson-Mitchell, Warden |
Sixth Circuit |
2019-04-03 |
Denied |
IFP |
ake-v-oklahoma cullen-v-pinholster due-process federal-habeas-corpus federal-habeas-proceedings fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel organic-brain-damage organic-brain-impairment state-court-proceedings state-court-review |
When the state court denies a petitioner's claim that his counsel were ineffective for failing to present his organic brain impairment, without afford… |
| 18-8666 |
Tremane Wood v. Mike Carpenter, Interim Warden |
Tenth Circuit |
2019-04-02 |
Denied |
IFP |
circuit-court-review death-penalty federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence state-court-deference strickland-standard strickland-test |
Does a circuit court contravene this Court's decisions in Strickland-v-Washington, Wiggins-v-Smith, Rompilla-v-Beard, and Porter-v-McCollum where it d… |
| 18-8673 |
Jamael Stubbs v. United States |
Third Circuit |
2019-04-02 |
Denied |
Response WaivedIFP |
133 S.Ct. 2151 (2013) 6th-amendment alleyne-precedent alleyne-v-united-states constructive-amendment due-process ineffective-assistance sentencing sentencing-challenge sixth-amendment trial-counsel |
Whether trial counsel rendered ineffective assistance |
| 18-8676 |
Ronald Smith v. United States |
Ninth Circuit |
2019-04-02 |
Denied |
Response WaivedIFP |
counsel criminal-procedure district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-remedy post-conviction-relief sixth-amendment |
Whether the district court violated Petitioner's Sixth Amendment rights by failing to return him to his original position absent the ineffective assis… |
| 18-8641 |
Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-01 |
Denied |
IFP |
constitutional-rights guilty-plea ineffective-assistance ineffective-assistance-of-counsel objective-record plea-bargaining postconviction-proceedings probation probation-eligibility record-of-trial trial-record unintelligent-waiver waiver-of-rights |
Whether the court must give greater weight to the objective record of trial over counsel's affidavit in an ineffective assistance of counsel claim |
| 18-8643 |
Joseph Lee Flores v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-01 |
Denied |
IFP |
bias criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment trial-counsel voir-dire |
WHETHER VENIREMAN WHO STATED DURING VOIR DIRE THAT HIS ABILITY TO BE FAIR WOULD BE AFFECTED BY PRIOR EXPERIENCE WITH CRIME EXPRESS BIAS; RENDERING COU… |
| 18-8651 |
Robert Butrim v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-04-01 |
Denied |
IFP |
actual-innocence due-process eighth-amendment fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence |
Whether the District Court's failure to address all the issues presented in the Habeas Corpus Petition deprived the Movant of a full review by the Cir… |
| 18-8655 |
Nicholas Ryan Holloway v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2019-04-01 |
Denied |
Response WaivedIFP |
appellate-attorney appellate-review ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-counsel prejudice prejudice-analysis sixth-amendment sixth-amendment-right-to-counsel strickland-standard trial-counsel |
Whether the U.S. District Court erred in deferring to the Arkansas State Courts' finding that Mr. Holloway was not prejudiced by both his trial and ap… |
| 18-8661 |
Eddie Lee Jackson v. Sandy McCain, Warden |
Fifth Circuit |
2019-04-01 |
Denied |
IFP |
14th-amendment 6th-amendment constitutional-rights counsel-medical-condition counsel-misconduct due-process ineffective-assistance ineffective-assistance-of-counsel legal-representation misconduct procedural-error right-to-counsel suspension |
Whether the Petitioner was denied the right to assistance of counsel |
| 18-8621 |
Roummel Ingram v. John Prelesnik, Warden |
Sixth Circuit |
2019-03-29 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel public-trial sixth-amendment sixth-circuit |
Whether Mr. Ingram is entitled to a new trial due to ineffective-assistance-of-counsel |
| 18-8624 |
Bruce Elliott Miller v. Alabama |
Eleventh Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
actual-innocence aedpa-procedural-bar constitutional-deficiency due-process fifth-amendment habeas-corpus indictment ineffective-assistance ineffective-assistance-of-counsel statute-of-limitations strickland-standard strickland-test |
Whether trial counsel's failure to make a timely objection or file a pretrial motion to dismiss a fatally flawed indictment can validate a 'constituti… |
| 18-8604 |
Ivan Vazquez-Gonzalez v. United States |
Seventh Circuit |
2019-03-28 |
Denied |
IFP |
28-usc-2255 appeals criminal-procedure federal-criminal-procedure habeas-corpus ineffective-assistance right-to-counsel rule-35 sentence-modification sentencing statute-of-limitations |
Whether a district court's modification of sentence under Rule 35, Fed. R. Crim. P., resets the one-year clock under 28 U.S.C. §2255(f)(1) for a timel… |
| 18-8607 |
Johnnie Sterling v. Chuck Dwyer |
Eighth Circuit |
2019-03-28 |
Denied |
IFP |
14th-amendment 5th-amendment 8th-amendment actual-innocence antiterrorism-act antiterrorism-and-effective-death-penalty-act certificate-of-appealability constitutional-rights due-process ineffective-assistance manifest-injustice mixed-questions-of-law-and-fact procedural-due-process |
Should the Eighth Circuit Court of Appeals have granted the Certificate of Appealability? |
| 18-8583 |
Gilbert Postelle v. Mike Carpenter, Interim Warden |
Tenth Circuit |
2019-03-27 |
Denied |
IFP |
capital-punishment eighth-amendment flynn-effect fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mitigating-evidence sixth-amendment |
Whether the failure to investigate and present mitigating evidence of intellectual disability based on the Flynn Effect violates the Sixth, Eighth, an… |
| 18-8589 |
Demetrius S. Rankin v. United States |
Fifth Circuit |
2019-03-27 |
Denied |
Response WaivedIFP |
anders-brief appellate-procedure appellate-review circuit-split constitutional-law court-appointed-counsel criminal-procedure due-process fifth-circuit ineffective-assistance legal-ethics legal-standards procedural-review right-to-counsel |
Whether the Fifth Circuit Court of Appeals misapplied and ignored the procedural pronouncements made in Anders v. California |
| 18-8546 |
Gerald Delane Murray v. Florida |
Florida |
2019-03-26 |
Denied |
IFP |
actual-innocence batson-v-kentucky batson-violation brady-violation civil-rights conflict-counsel constitutional-violations cruel-and-unusual-punishment due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jailhouse-informant post-conviction post-conviction-relief |
Whether the state court denied due process by failing to appoint conflict counsel when post-conviction counsel undermined petitioner's claims, and whe… |
| 18-8570 |
Damien Preston v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
circuit-court-conflict circuit-court-decisions confrontation-rights constitutional-claims constitutional-violation harmless-error ineffective-assistance jury-determination prejudice sixth-amendment strickland-standard strickland-v-washington |
Whether the Third Circuit's precedential decision created a conflict among its conflicting decision in Bey v. Superintendent Greene, SCI 856 F3d 230; … |
| 18-8574 |
William Burton v. Delaware |
Delaware |
2019-03-26 |
Denied |
Response WaivedIFP |
criminal-procedure evidence fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-of-not-guilty prosecutorial-evidence right-to-counsel sixth-amendment |
Did petitioner's attorney provide ineffective assistance of counsel? |
| 18-8529 |
Michael Craig Smith v. Illinois |
Illinois |
2019-03-25 |
Denied |
IFP |
constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance post-conviction sixth-amendment |
Whether counsel on appeal from dismissal of post-conviction petition provided ineffective assistance in violation of Petitioner's Sixth amendment righ… |
| 18-8547 |
Zachary Joseph Biggs v. Washington |
Washington |
2019-03-25 |
Denied |
IFP |
appellate-review criminal-intent criminal-procedure diminished-capacity first-degree-rape ineffective-assistance ineffective-assistance-of-counsel mens-rea ninth-circuit prejudice |
Did the Washington State Appellate Court err in finding that Mr. Biggs was not prejudiced by his trial counsel's failure to raise the defense of dimin… |
| 18-8485 |
In Re Michael David Hower |
|
2019-03-22 |
Denied |
Response WaivedIFP |
28-usc-2255 constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mandamus massaro-v-united-states plea-coercion prohibition |
Is the petitioner entitled to immediate relief, including mandamus or prohibition from this Court, to protect his constitutional and statutory rights … |
| 18-8495 |
Leroy Scott v. United States |
Fourth Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
brady-violation conflict-of-interest death-penalty ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-agreement plea-bargaining right-to-counsel |
Whether counsel's ineffectiveness conflicts with the holding in Missouri v. Frye |
| 18-8521 |
Angel Galan v. United States |
Second Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure due-process felon-in-possession firearm-offense ineffective-assistance obstruction-enhancement sentencing-guidelines sentencing-variance substantive-reasonableness upward-variance |
Whether the sentencing court's upward variance from 71 months to 84 months for felon in possession of a firearm was substantively unreasonable |
| 18-8522 |
Edwin Fernandez v. United States |
Third Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
Arizona-v-Gant criminal-procedure criminal-proceedings critical-stages ineffective-assistance ineffective-assistance-of-counsel Montejo-v-Louisiana presentence-investigation presentence-investigation-report right-to-counsel search-and-seizure search-doctrine Strickland-v-Washington |
Should a writ of certiorari be granted to address the shortcomings of counsel in light of Strickland-and-Montejo? |
| 18-8535 |
Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights |
Whether state statutes provide pre-trial remedies for prosecutorial overreaching by interlocutory appeal, and whether defense counsel's failure to per… |
| 18-8490 |
Bernard Mitchell v. California |
California |
2019-03-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review |
Did the court abuse its discretion in permitting the jury to be exposed to the nicknames 'Crip' and ''Scrap,' which have been taken as a suggestion th… |
| 18-8501 |
Mohammed Bah v. United States |
Eleventh Circuit |
2019-03-21 |
Denied |
Response WaivedIFP |
constitutional-law deportation-consequences guilty-plea immigrant-rights immigration ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice |
Does an analysis of prejudice in the context of ineffective assistance of counsel involving the guilty plea of an immigrant result in an unreasonable … |
| 18-8510 |
Travis Thaniel v. Maryland |
Maryland |
2019-03-21 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure direct-appeal due-process federal-law ineffective-assistance ineffective-assistance-of-counsel retroactivity right-to-be-present right-to-presence state-law trial-counsel weaver-retroactivity weaver-v-massachusetts |
Does the federal law of Weaver v. Massachusetts, 137 S.Ct. 1899 (2017) have retroactive application in the state of Maryland? |
| 18-8484 |
Gregory Donzell Bailey v. Ricky Foxwell, Warden, et al. |
Fourth Circuit |
2019-03-20 |
Denied |
IFP |
6th-amendment caseload caseload-management civil-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance public-defender public-defenders right-to-counsel |
Whether the defendants' representation and resources should be limited due to public defenders in trial courts being overwhelmed with caseloads |
| 18-8405 |
Mohammed Suleiman Roble v. United States |
District of Columbia |
2019-03-15 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-defense criminal-defense-attorney-ineffectiveness due-process exculpatory-evidence government-evidence ineffective-assistance pre-trial-proceedings reasonableness sixth-amendment strickland-v-washington |
Does Strickland v. Washington require the government's evidence to be weak to find a criminal defense attorney ineffective under the Sixth Amendment? |
| 18-8427 |
Malcolm Roy Evans v. United States |
Eighth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-rights criminal-trial due-process ineffective-assistance judicial-discretion judicial-inquiry right-to-counsel right-to-testify self-representation |
Whether a trial court may summarily prohibit an accused from testifying in his own defense |
| 18-8434 |
Leif Halvorsen v. DeEdra Hart, Warden |
Sixth Circuit |
2019-03-14 |
Denied |
IFP |
amendment-of-habeas-petition clearly-established-law darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct white-v-woodall |
Whether the Sixth Circuit's ruling that a lack of Supreme Court case law dealing with a specific type of improper prosecution closing argument means n… |
| 18-1194 |
Shane Crutchfield v. Jeff Dennison, Warden |
Seventh Circuit |
2019-03-14 |
Denied |
Response Waived |
due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review martinez-trevino-exception post-conviction-review procedural-default state-court-proceedings trial-counsel trial-record |
Whether the exception to procedural default established in Martinez v. Ryan, 566 U.S. 1 (2012), and Trevino v. Thaler, 569 U.S. 413 (2018), is categor… |
| 18-1197 |
Deanna Brookhart, Acting Warden v. Anthony D. Lee, Sr. |
Seventh Circuit |
2019-03-14 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
2254-standard 28-usc-2254 affidavit-evidence evidentiary-hearing federal-habeas-review federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-probability state-court-determination state-postconviction-review |
Whether a state court makes an unreasonable determination of fact under 28 U.S.C. § 2254(d)(2) by assuming the truth of affidavits provided in support… |
| 18-8424 |
Keith Jenkins v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-03-13 |
Denied |
Response WaivedIFP |
constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process excessive-punishment ineffective-assistance ineffective-assistance-of-counsel multiple-offender sentencing sentencing-guidelines |
Is the trial court in error by denying the motion to quash based on errors in the multiple offender charging, pleading and proof? |
| 18-8386 |
Michael Apelt v. Charles L. Ryan, Director, Arizona Department of Corrections |
Ninth Circuit |
2019-03-12 |
Denied |
Amici (1)IFP |
capital-punishment capital-sentencing evidentiary-hearing fact-finding federal-habeas federal-habeas-corpus habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mental-impairment prejudice strickland-standard strickland-v-washington |
When determining if a capital defendant was prejudiced by counsel's deficient performance during state sentencing, whether the federal court may bypas… |
| 18-8389 |
Marion Wilson, Jr. v. Benjamin Ford, Warden |
Eleventh Circuit |
2019-03-12 |
Denied |
IFP |
28-usc-2254 brain-damage capital-case capital-punishment certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence strickland-standard strickland-v-washington |
Whether trial counsel's ineffective assistance in failing to investigate and present mitigating evidence of the defendant's difficult childhood and fr… |
| 18-8374 |
Naykima Tinee Hill v. Shawn Brewer, Warden |
Sixth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
due-process fair-trial findings-of-fact habeas-corpus harmless-error identification-expert ineffective-assistance right-to-present-defense strickland-standard strickland-v-washington |
Whether the Michigan Supreme Court was objectively unreasonable in application of harmless-error-analysis |
| 18-8378 |
Garron T. Briggs v. United States |
Eighth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
acquittal constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceeding plea-bargaining prejudice prejudice-prong reasonable-probability right-to-trial strickland-v-washington |
Whether the district court's ruling, which implies that when a petitioner successfully proves that his counsel was ineffective, that petitioner must t… |
| 18-8340 |
Victor Roblero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-03-08 |
Denied |
IFP |
constitutes a violation of the Sixth Amendment ri specifically the failure to investigate and prese appeal capital-punishment criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mental-health sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated when trial counsel failed to investigate and present evidence of the… |
| 18-8316 |
Ricardo Guerrero v. United States |
Fifth Circuit |
2019-03-07 |
Denied |
Response WaivedIFP |
brady-materials criminal-justice-act evidentiary-hearing evidentiary-hearings expert-services habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-rights rule-5(b) section-3500(b) trial-counsel |
Whether the habeas corpus statute at Rule 5(b) mandates the government to address the petitioner's allegations, allowing the district court to circumv… |
| 18-8325 |
Amaury Villa v. United States |
Second Circuit |
2019-03-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance sentencing sentencing-calculation sentencing-guidelines sixth-amendment standard-of-review trial-procedure u-s-sentencing-guidelines |
Whether appellant received the effective assistance of counsel? |
| 18-8331 |
Jeffrey Bowers v. Frank Lawrence, Acting Warden |
Seventh Circuit |
2019-03-07 |
Denied |
Response WaivedIFP |
appellate-procedure circuit-split due-process effective-assistance-of-counsel fourteenth-amendment harmless-error ineffective-assistance ineffective-assistance-of-counsel jury-instructions jury-separation plain-error |
Whether a conflict exists between the Seventh Circuit Court of Appeals and Appellate Court in case at bar where jury separation after deliberations ha… |
| 18-8337 |
David Michael Decker v. Garrett Laney, Superintendent, Oregon State Correctional Institution |
Ninth Circuit |
2019-03-07 |
Denied |
Response WaivedIFP |
28-usc-2254 actual-innocence deficient-performance habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-standard martinez-v-ryan post-conviction post-conviction-proceedings post-conviction-relief strickland-analysis strickland-v-washington |
Whether an initial post-conviction attorney's failure to raise a substantial claim of ineffective assistance of counsel could be considered reasonable… |
| 18-8273 |
Cecilio Cuero Payan v. United States |
Eleventh Circuit |
2019-03-06 |
Denied |
IFP |
conflict-free-attorney conflict-of-interest criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-counsel sixth-amendment waiver |
Whether, under the sixth amendment, a criminal defendant may waive his right to raise a claim of ineffective assistance of counsel as part of a plea-a… |
| 18-8233 |
Calvin J. Reid v. United States |
Sixth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
§2255-motion 18-usc-4241 certificate-of-appealability circuit-split competency-hearing criminal-procedure criminal-procedure-appeal due-process ineffective-assistance mental-competency mental-illness right-to-counsel standards-of-review |
Whether the Sixth Circuit Court of Appeals has misapplied the standards set forth in Miller-El v. Cockrell and Buck v. Davis |
| 18-8242 |
Jody Ford McCreary v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-04 |
Denied |
IFP |
civil-procedure collateral-review due-process effective-assistance-of-counsel federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-review procedural-default sixth-amendment standing state-court strickland-standards substantive-claim |
Whether the United States Court of Appeals for the Fifth Circuit abused its discretion in denying a certificate of appealability on the denial of the … |
| 18-8247 |
Patrick Joseph Kofalt v. United States |
Third Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-rights counsel-waiver due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-counsel sixth-amendment waivers |
Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-free representation? |
| 18-8251 |
Zachariah Joel Peterson v. Jay Cassady, Warden |
Eighth Circuit |
2019-03-04 |
Denied |
IFP |
certificate-of-appealability criminal-procedure due-process eighth-circuit felony-murder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instruction jury-instructions standard-of-review |
Whether the Eighth Circuit court of Appeals abused its discretion in denying petitioner a COA on his claim on insufficient evidence |
| 18-8252 |
Freddie Taylor v. United States |
Ninth Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights conviction due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions mistrial structural-error |
Whether the United States District Court and the Ninth Circuit Court of Appeals denied the petitioner relief pursuant to the issues raised in a petiti… |
| 18-8260 |
Kenton Deon Harrell v. United States |
Fifth Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights constitutional-claim criminal-procedure due-process equal-protection evidentiary-hearing free-speech habeas-corpus ineffective-assistance post-conviction-relief standing statutory-interpretation takings |
Whether the lower court erred in its interpretation and application of the relevant legal principles |
| 18-8263 |
LaVaughn Weatherly v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
§2253(c)(2) conflict-of-circuit-decisions constitutional-rights district-court-denial due-process evidentiary-hearing failure-to-investigate habeas-corpus hohn-v-us ineffective-assistance ineffective-assistance-of-counsel judicial-review misadvise |
Whether the U.S. District Court for the Northern District of Florida's decisions in Weatherly v. Jones and its conflict with Lavghery v. U.S. and Hols… |
| 18-8214 |
Charles D. Raby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-04 |
Denied |
Amici (1)IFP |
circuit-split civil-procedure-rule-60b6 civil-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan martinez-v-trevino post-conviction-review postconviction-counsel procedural-default rule-60(b)(6) trevino-v-thaler |
Whether a court must categorically deny a Rule 60(b)(6) motion premised on the change in decisional law produced by Martinez v. Ryan |
| 18-8210 |
Mahogany Taquilla Alexander v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-discretion |
Did trial court abuse discretion by considering nolle prossed charge in sentencing, violating 5th and 14th Amendment rights |
| 18-8219 |
Jose J. Hernandez v. M. Eliot Spearman, Warden |
Ninth Circuit |
2019-03-01 |
Denied |
IFP |
appeal civil-rights criminal-procedure due-process evidence felony-murder ineffective-assistance newly-presented standing |
Did appellate counsel render ineffective assistance |
| 18-8221 |
Jonathan Judkins v. Illinois |
Illinois |
2019-03-01 |
Denied |
IFP |
6th-amendment civil-rights constitutional-rights counsel-performance due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-petition post-conviction-relief standing subpoena |
Whether the petitioner was denied effective assistance of counsel by counsel's failure to adequately investigate the facts of the case, interview eyew… |
| 18-8226 |
James Craig Bird v. Colorado |
Colorado |
2019-03-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel parole plea-bargaining prejudice-prong strickland-standard strickland-v-washington |
Whether the State improperly determined the prejudice prong underlying the test set-forth in Strickland v. Washington, 466 U.S. 668 (1964) as to erron… |
| 18-8231 |
Alvin Stanley Briggs, Jr. v. United States |
Eighth Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
appellate-review constitutional-review counsel-claim court-of-appeals criminal-procedure district-court due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether the court of appeals erred in affirming the district court's denial of petitioner's ineffective assistance of counsel claim |
| 18-8172 |
Corinthian Bostic v. United States |
Eleventh Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
attorney-withdrawal conflict-of-interest due-process fifth-amendment indigent indigent-defendant ineffective-assistance motion-to-withdraw pre-trial-hearing pre-trial-motion right-to-appeal |
Did the pre-trial judge abuse its discretion by denying Bostic's appointed attorney's motion to withdraw where Bostic and his trial counsel had a conf… |
| 18-8176 |
Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2019-02-28 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment |
Was the petitioner's guilty plea knowingly and intelligently made? |
| 18-8189 |
Martin Tovar v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause constitutional-rights due-process evidentiary-hearing federal-precedent habeas-corpus habeas-corpus-petition ineffective-assistance ineffective-assistance-of-counsel post-conviction |
Whether the Indiana Southern District Court erred in ruling Petition for Writ of Habeas Corpus was time barred and the Seventh Circuit Court of Appeal… |
| 18-8194 |
Jerome Henderson v. Terry Collins, Warden |
Sixth Circuit |
2019-02-28 |
Denied |
Relisted (2)IFP |
due-process equal-protection post-conviction-remedies statutory-law suspension-clause due-process equal-protection federal-statutory-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ohio-public-defender-commission post-conviction-relief post-conviction-remedies procedural-default |
Whether appointed counsel violated federal statutory law or constituted an equal protection clause violation |
| 18-8198 |
Brandon Lisi v. United States |
Second Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver conflict-of-interest criminal-procedure curcio-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sentencing sentencing-challenge |
whether-petitioner's-guilty-plea-was-involuntary |
| 18-8199 |
Michael DeVaughn Johnson v. Arizona |
Arizona |
2019-02-28 |
Denied |
IFP |
automatic-reversal constitutional-law constitutional-rights conviction criminal-procedure critical-stage critical-stages due-process habeas-corpus ineffective-assistance right-to-counsel sixth-amendment trial-counsel |
Was the Arizona state courts' decision that the absence of the petitioner's trial counsel during two 'critical stages' of the trial did not require au… |
| 18-8201 |
Robert Edward Butler v. Howard W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2019-02-28 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-provisions court-appeal due-process federal-habeas federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction legal-review procedural-default retroactivity state-post-conviction-proceedings statutory-provisions writ-of-certiorari |
Whether Supreme Court decisions in Buck v. Davis, Martinez v. Ryan, and Trevino v. Thaler permit federal habeas review of ineffective assistance of ap… |
| 18-8154 |
Deondre D. Romero v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-27 |
Denied |
IFP |
and whether ineffective assistance of counsel dep due-process fair-trial false-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment victim-credibility witness-credibility |
Whether Petitioner's Fourteenth Amendment right to a fair and impartial trial was violated |
| 18-8160 |
Paul Wagner v. United States |
Ninth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
attorney-conflict circuit-court-split circuit-split criminal-procedure cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-precedent mickens-v-taylor ninth-circuit sixth-amendment supreme-court-interpretation united-states-v-hanoum |
Whether the Ninth Circuit's decision conflicts with other circuit courts and Supreme Court precedent on the issue of actual conflict between a defenda… |
| 18-8162 |
Eric V. Bartoli v. United States |
Sixth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
circuit-split ex-post-facto ineffective-assistance ineffective-counsel judicial-recusal mandate-recall sentencing stare-decisis |
Did the 6th Circuit Court of Appeals go against Supreme Court precedent, its own stare decisis, and create a circuit split by failing to recall its ma… |
| 18-8131 |
Adelfo Pamatmat v. United States |
Sixth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights drug-quantity evidentiary-hearing ineffective-assistance procedural-reasonableness sentencing-guidelines sixth-amendment sixth-circuit strickland-standard strickland-v-washington trial-counsel |
whether-petitioner-received-effective-assistance-of-counsel |
| 18-8141 |
Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-26 |
Denied |
IFP |
abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel |
Was trial counsel ineffective for not calling an alibi witness? |
| 18-8143 |
Stephen Talbert v. United States |
Eighth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery due-process fraud fraudulent-misrepresentation ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-trial voluntariness |
Can a defendant voluntarily and intelligently enter a plea where counsel fraudulently misrepresents a key fact |
| 18-8121 |
Edward Harrison v. Thomas Griffin, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2019-02-25 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-allocution plea-consolidation statutory-time-limit statutory-violation time-enhancement |
Question not identified |
| 18-1107 |
Charles Chandler v. Vermont, et al. |
Second Circuit |
2019-02-25 |
Denied |
Response Waived |
circuit-split constitutional-challenge custody due-process fifth-circuit habeas-corpus ineffective-assistance lackawanna ninth-circuit strickland-standard tenth-circuit |
Is the Exception for Habeas Corpus Custody under Lackawanna valid law as affirmed by the Ninth, Tenth, and Fifth Circuits? |
| 18-1103 |
Paul Ross Evans v. United States |
Fifth Circuit |
2019-02-22 |
Denied |
Response WaivedRelisted (2) |
28-usc-2255 certificate-of-appealability choice-of-counsel civil-rights due-process effective-assistance habeas-corpus ineffective-assistance judicial-review prosecutorial-misconduct right-to-counsel standing |
Whether the right to choice of counsel or effective assistance is violated when counsel is appointed to represent fewer claims than the Government is … |
| 18-8053 |
Malcolm Roland Allen v. United States |
Fourth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
18-usc-3006a 6th-amendment career-offender due-process ineffective-assistance ineffective-counsel judicial-proceedings notice-of-appeal prejudice sentencing-guideline sentencing-guidelines |
Whether ineffective counsel failed to file a notice of appeal and object to career offender sentencing guideline |
| 18-8113 |
Troy Arnaud v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
attorney-client client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify self-representation sixth-amendment trial-counsel |
Whether Arnand was denied his constitutional right to the effective assistance of counsel |
| 18-8115 |
Kenny Daniel Barrios v. United States |
Eighth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-guidelines sixth-amendment type-c-plea |
Whether the failure of counsel to object to inaccurately calculated Sentencing Guidelines is ineffective assistance of counsel |
| 18-8030 |
Charles Russell Rhines v. Darin Young, Warden |
Eighth Circuit |
2019-02-21 |
Denied |
IFP |
28-usc-2254 cullen-v-pinholster federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan pinholster-standard procedural-default state-court-adjudication |
Where is the boundary between 'new claims,' whose default federal habeas courts may excuse, and 'new facts,' which federal habeas courts may not consi… |
| 18-8056 |
Ronald Glick v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief professional-conduct remand sixth-amendment statute-of-limitations |
Whether petitioner's request for equitable tolling of the statute of limitations period meets the statutory requirement for the issuance of a certific… |
| 18-8057 |
Duane Allen Short v. Ohio |
Ohio |
2019-02-21 |
Denied |
IFP |
capital-defense capital-punishment death-penalty death-row effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-evidence plea-bargaining sixth-amendment |
Whether a capital defendant's Sixth Amendment right to the effective assistance of counsel is violated where, but for counsel's intervention and unfou… |
| 18-8070 |
Billie Wayne Coble v. Texas |
Texas |
2019-02-21 |
Denied |
IFP |
counsel-objection criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent objection right-to-counsel sixth-amendment trial-strategy |
Whether the Texas Court of Criminal Appeals improperly narrowed McCoy |
| 18-8022 |
Leonicio Arias Coreas v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2019-02-20 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence criminal-procedure dna-evidence due-process fourteenth-amendment fraud ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Did counsel fail to conduct a proper pre-trial investigation |
| 18-8032 |
Edgar Arellano v. California |
California |
2019-02-20 |
Denied |
IFP |
14th-amendment 6th-amendment appellate-procedure constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance pre-trial-investigation right-to-counsel sixth-amendment |
Ineffective assistance of counsel |
| 18-8037 |
Jerry Anthony Brandon, aka Jerry L. Brandon v. Louisiana |
Louisiana |
2019-02-20 |
Denied |
IFP |
constitutional-rights due-process effective-assistance-of-counsel equal-protection ineffective-assistance involuntary-absence medical-emergency new-trial sixth-amendment trial-absence voluntary-absence |
Was the Petitioner's 5th, 6th, & 14th amendment rights to the Constitution of the United States violated? |
| 18-8012 |
Tasha Michelle Blackburn v. United States |
Eleventh Circuit |
2019-02-19 |
Denied |
Response WaivedIFP |
counsel-communication criminal-procedure due-process duty-to-advise ineffective-assistance ineffective-assistance-of-counsel plea-acceptance plea-bargaining plea-negotiations professional-responsibility sixth-amendment |
What constitutes communicating a plea, and does counsel have an obligation to recommend accepting a plea, or rejecting a plea and proceeding to trial? |
| 18-1079 |
Javier Flores Gaytan v. Michael Hardee |
Fourth Circuit |
2019-02-19 |
Denied |
|
actual-innocence constitutional-standard criminal-conviction criminal-procedure due-process evidence federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-confrontation right-to-fair-trial summary-witness wire-recording |
Whether a State may obtain a criminal conviction and 37-year prison sentence against a defendant where the primary evidence of guilt was a wire-record… |
| 18-7958 |
John Lohmeier v. United States |
Seventh Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining statute-of-limitations strickland-standard strickland-v-washington |
Was Petitioner's plea of guilty knowingly and voluntarily entered? |
| 18-7975 |
William Krisstofer Wolf v. United States |
Ninth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights due-process evidentiary-hearing fifth-amendment ineffective-assistance ineffective-assistance-of-counsel perjury perjury-subornation prosecutorial-misconduct sixth-amendment |
Whether the Ninth Circuit's decision now conflicts with this court's long standing rulings on the known and willing use of perjury of material fact, t… |
| 18-7979 |
Eric K. Watkins v. United States |
Sixth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-vagueness crime-of-violence criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment statutory-interpretation vagueness |
Whether the subsection-specific definition of 'crime of violence' in 18 U.S:C. 924(c)(3) (B) is unconstitutionally vague |
| 18-7951 |
Cornell Winfrei McClure v. United States |
Fourth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
2255-motion bench-trial due-process impartiality ineffective-assistance ineffective-assistance-of-counsel judicial-recusal sua-sponte waiver-of-jury-trial |
Should a judge recuse themselves from reviewing a motion challenging their rulings made during a bench trial? |
| 18-7903 |
Albert J. Arrington v. Virginia |
Virginia |
2019-02-12 |
Denied |
Response WaivedIFP |
civil-procedure default-judgment due-process ex-parte-communication Fourteenth-Amendment fraud ineffective-assistance judicial-review Jurisdiction procedural-rules Rules-of-civil-procedure |
Did the Supreme Court of Virginia err in finding that the Circuit Court of Henrico did not commit reversible error |
| 18-7904 |
Spassky Alcequiecz v. Kelly A. Ryan, Warden |
First Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel manslaughter manslaughter-instruction sixth-amendment |
Whether the petitioner was denied his constitutional right to a fair trial, due to ineffective assistance of counsel |
| 18-7927 |
Tyrone Anderson v. United States |
Eighth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
career-offender career-offender-enhancement criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment strickland-standard strickland-v-washington townsend-v-burke |
Whether trial counsel provided ineffective assistance of counsel as required by the Sixth Amendment |
| 18-7934 |
Seaun Llwellyn Farthing v. Dara Watson, Warden |
Fourth Circuit |
2019-02-12 |
Denied |
Relisted (2)IFP |
criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony |
Was trial counsel ineffective for failing to prevent prosecutorial misconduct? |
| 18-7877 |
Lester Roger Decker v. United States |
Ninth Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
attorney-performance constitutional-law constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sixth-amendment |
Was defendant's attorney's role to fulfill his advisory position to his client ineffective, thus violating client's right to Due Process? |
| 18-7880 |
Terrance Jerome Clarke v. United States |
Eleventh Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias mental-health plea-bargaining right-to-counsel |
Were the charges filed at the same time and no other firearm was involved during the offense? |
| 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… |
| 18-7888 |
Furn-Lee Salomon v. Patrick Nogan, Administrator, East Jersey State Prison, et al. |
Third Circuit |
2019-02-11 |
Denied |
IFP |
constitutional-safeguards criminal-procedure cumulative-error due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel passport-fraud pre-trial-investigation prejudicial-testimony pretrial-investigation strategic-decision strickland-standard strickland-v-washington trial-counsel witness-testimony |
Was trial counsel ineffective? |
| 18-7900 |
Jorge Ernesto Blanco-Rodriguez v. United States |
Fifth Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal guilty-plea immigration-consequences ineffective-assistance ineffective-assistance-of-counsel non-citizen-defendant padilla-v-kentucky plea-bargaining plea-colloquy supervisory-power |
Whether a trial court commits error when it takes a guilty plea from a criminal defendant when the trial court is on specific notice that defense coun… |
| 18-7901 |
Darrius DaJuan Cohee v. James Yates, Warden |
Tenth Circuit |
2019-02-11 |
Denied |
IFP |
abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal |
Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea |
| 18-7867 |
Meria James Bradley v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-08 |
Denied |
IFP |
aedpa constitutional-rights due-process evidence-withholding federal-court-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standard-of-review state-court-findings state-court-proceedings state-court-review |
Whether defense counsel withheld evidence that could have shown the petitioner was actually innocent |
| 18-7810 |
James Traxler v. Sherry Burt, Warden |
Sixth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-analysis merits-review sixth-circuit strickland-standard strickland-v-washington |
Whether the Sixth Circuit's inquiry in denying petitioner's motion for certificate of appealability was coextensive with a merits analysis |
| 18-7811 |
Ronald Bishop Thompson v. Noah Nagy, Warden |
Sixth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
cell-phone-testimony cell-site-location cell-site-location-information criminal-procedure fourth-amendment fourth-amendment-search ineffective-assistance ineffective-assistance-of-counsel search-and-seizure stored-communications-act warrant-requirement |
Did trial counsel perform ineffectively at Petitioner's second trial |
| 18-7813 |
Bradley Jared Barton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-07 |
Denied |
IFP |
civil-procedure civil-rights due-process federal-statute habeas-corpus ineffective-assistance ineffective-process judicial-review post-conviction-relief postconviction-remedy standing state-court-proceedings state-post-conviction state-procedure |
At what point does a state's post-conviction remedy become ineffective as contemplated by 28 U.S.C. 2254(b)(1)(B) |
| 18-7814 |
William E. Brown v. United States |
Eighth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-procedure civil-rights drug-quantity due-process eighth-circuit equal-protection ineffective-assistance plea-bargaining standing strickland-standard takings |
Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted |
| 18-7826 |
Curtis R. Leachman v. Thomas Winn, Warden |
Sixth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-determination jury-instruction jury-instructions michigan-self-defense-act psychological-expert self-defense self-defense-statute |
Was petitioner denied the right to compulsory process when the trial court failed to grant funds for a psychological expert to aide the jury in determ… |
| 18-7829 |
Joe Homer Mark v. Amy Rabeau |
Ninth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-procedure counsel-performance custodial-interrogation district-court fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-error miranda-warning procedural-default self-incrimination standing |
Whether Petitioner Joe Mark's Fifth Amendment Rights were violated |
| 18-7766 |
Rishawn Lamar Reeder v. Cecelia Reynolds, Warden |
Fourth Circuit |
2019-02-05 |
Denied |
Response WaivedRelisted (2)IFP |
alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony |
Did the court err in finding trial counsel ineffective |
| 18-7736 |
Robert Davis v. New York |
New York |
2019-02-04 |
Denied |
Response WaivedIFP |
appeal appellate-counsel criminal-appeal due-process ineffective-assistance legal-review procedural-due-process questions-of-fact questions-of-law standing state-court state-court-review |
Did the State's highest court fail to lawfully review the questions of law in Petitioner's application prior to denying him permission to appeal his c… |
| 18-7740 |
Esequiel Joel Rodriguez v. United States |
Fifth Circuit |
2019-02-04 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility certificate-of-appealability due-process government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment |
Whether it was error to deny Rodriguez a Certificate of Appealability to pursue his Sixth Amendment claim on appeal |
| 18-7757 |
William Davenport v. James Falk, Warden, et al. |
Tenth Circuit |
2019-02-04 |
Denied |
IFP |
criminal-procedure dna dna-evidence dna-testing due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel res-gestae witness-identification |
Whether trial court erred in admitting evidence of DNA testing from mixed samples |
| 18-7702 |
George Reese v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-violations due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct vouching |
Whether the prosecutor committed misconduct |
| 18-7703 |
Nathan Smith III v. Sherry Pennywell, et al. |
Ninth Circuit |
2019-02-01 |
Denied |
IFP |
2254(d)(2) cumulative-error de-novo-review deference due-process fact-finding fourteenth-amendment habeas-corpus habeas-corpus-review ineffective-assistance sixth-amendment standard-of-review unreasonable-determination |
Did the CCA so stretch the facts in this case so unreasonably that no deference could be possible to its interpretation of what occurred in the taco r… |
| 18-7713 |
Darnell Grimsley v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2019-02-01 |
Denied |
Response WaivedRelisted (2)IFP |
ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-default prosecution-misconduct prosecutorial-misconduct sequestration sequestration-order sufficiency-of-evidence trial-testimony violation-of-sequestration-order |
Did the Third Circuit err in deferring to the district court's opinion that this issue was procedurally defaulted and finding that Mr. Grimsley was no… |
| 18-7719 |
Cesar Gomez v. Texas |
Texas |
2019-02-01 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment civil-rights constitutional-challenge criminal-procedure due-process evidence-admissibility ineffective-assistance sixth-amendment-rights standing texas-penal-code |
Whether Texas Penal Code § 21.02, is Constitutional under the Fifth, Sixth, and Fourteenth Amendment of the United States Constitution? |
| 18-7727 |
Gregory Hatt v. United States |
Fourth Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea heroin-distribution ineffective-assistance ineffective-assistance-of-counsel medical-causation plea-bargaining sentencing sixth-amendment |
Whether failure to convey unbiased, complete, or correct information to a defendant during plea bargaining by defense counsel invalidates a guilty ple… |
| 18-7698 |
Lawrence Andrew Ingram v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-31 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights contemporaneous-objection criminal-procedure criminal-procedure-appeal-evidence-waiver-contempo definitive-ruling evidence habeas-corpus ineffective-assistance trial-procedure waiver |
Does trial counsel waive a defendant's right to appellate review of an erroneous ruling on evidence if counsel chooses not to object to the ruling whe… |
| 18-7650 |
Robert Mitchell Jennings v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-30 |
Denied |
IFP |
appellate-review claim-exhaustion exhaustion-doctrine federal-habeas federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel johnson-v-williams judicial-legitimacy judicial-procedure merits-review procedural-default trevino-v-thaler |
Does a court contravene Johnson v. Williams, 569 U.S. 289 (2013), evade application of Trevino v. Thaler, 569 U.S. 413 (2013), and depart from the acc… |
| 18-7656 |
Armando Garcia v. United States |
Eleventh Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
aedpa certificate-of-appealability coa coa-standard due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60b |
Whether a District court deprives a habeas corpus petitioner of his Constitutional rights to Due Process |
| 18-7678 |
Alfonso Hernandez v. United States |
Ninth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
client-attorney-relationship client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance motion-to-dismiss sixth-amendment sixth-amendment-right-to-counsel sixth-circuit speedy-trial-act trial-counsel |
Can a defense lawyer, consistent with the Sixth Amendment, contravene his client's wishes to object to a violation of the Speedy Trial Act? |
| 18-7682 |
Stacie Demers v. United States |
Second Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
appeal appellate-review circuit-court counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim sixth-amendment |
Whether the Circuit Court of Appeals should have decided Ms. Demers's claim of ineffective assistance of counsel |
| 18-994 |
Dirk Williams v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-30 |
Denied |
Response Waived |
28-usc-2253 28-usc-2254 certificate-of-appealability criminal-appeal due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel physical-helplessness physically-helpless toxicologist toxicology toxicology-testimony |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r… |
| 18-7624 |
Mario Griffin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-01-29 |
Denied |
IFP |
abuse-of-discretion apprendi-v-new-jersey apprendi-violation cruel-and-unusual-punishment due-process federal-law illegal-sentence ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-integrity manifest-injustice miscarriage-of-justice sentence-enhancement sentencing |
Does the sentence imposed constitute an illegal sentence under federal law and represent a manifest injustice calling in question the integrity of the… |
| 18-7631 |
Jerry Haley v. Blair Leibach, Warden |
Sixth Circuit |
2019-01-29 |
Denied |
IFP |
certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan post-conviction-counsel post-conviction-proceedings procedural-default trevino-v-thaler |
Whether the United States District Court decision that Mr. Haley cannot establish cause to excuse the procedural default of his substantial claims of … |
| 18-7634 |
Lincoln E. Fox v. Neil Turner, Warden |
Sixth Circuit |
2019-01-29 |
Denied |
Response WaivedIFP |
appellate-review confrontation-clause criminal-procedure due-process evidence evidentiary-error fair-trial ineffective-assistance ineffective-assistance-of-counsel victim-testimony witness-testimony |
Whether the trial court's admission of a videotaped statement of the victim violated the defendant's right to a fair trial |
| 18-7653 |
Lonzo Bonner v. Michigan |
Michigan |
2019-01-29 |
Denied |
IFP |
brady-material due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel perjured-testimony probable-cause prosecutorial-misconduct |
Whether petitioner was deprived of his state and federal constitutional right to a fair trial and due process of law |
| 18-7603 |
Raymond Zayas v. Jamey Luther, Superintendent, State Correctional Institution at Laurel Highlands, et al. |
Third Circuit |
2019-01-28 |
Denied |
IFP |
certificate-of-appealability civil-rights crawford-claim due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default sixth-amendment |
Whether this Court should vacate the Third Circuit's Order denying a Certificate of Appealability and remand so the Third Circuit can apply Martinez-v… |
| 18-7610 |
Michael Colbaugh v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-28 |
Denied |
IFP |
equitable-exception federal-habeas-corpus federal-writ habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default state-writ texas-code-of-criminal-procedure texas-court-of-criminal-appeals trevino-exception trevino-v-thaler |
Whether the Texas Court of Criminal Appeals ruling denying Petitioner a second Writ of Habeas Corpus is in error |
| 18-7614 |
Michael Jacoby v. United States |
Tenth Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
6th-amendment circuit-court-review circuit-split due-process effective-assistance-of-counsel eighth-circuit habeas-corpus ineffective-assistance ninth-circuit reasonable-jurist reasonable-jurist-standard sixth-amendment strickland-standard undermining-of-confidence-in-verdict |
Ineffective-assistance-of-counsel |
| 18-7540 |
David Dewayne Riley v. Alabama |
Alabama |
2019-01-24 |
Denied |
IFP |
capital-post-conviction-proceedings capital-proceedings collateral-review death-penalty death-sentence effective-assistance-of-counsel ineffective-assistance martinez-v-ryan murray-v-giarratano post-conviction-counsel precedent state-court |
Should this Court revisit its precedent to consider whether death-sentenced inmates are entitled to the effective assistance of counsel on initial col… |
| 18-7544 |
Briand Williams v. California |
California |
2019-01-24 |
Dismissed |
Response WaivedIFP |
appellate-counsel appellate-procedure appellate-record due-process equal-protection ineffective-assistance plea-bargain prejudice statute-of-limitations strickland-standard |
Ineffective-assistance-of-counsel |
| 18-7545 |
Briand Williams v. California |
California |
2019-01-24 |
Dismissed |
Response WaivedIFP |
appellate-counsel due-process equal-protection plea-bargain right-to-counsel statute-of-limitations 14th-amendment 6th-amendment appellate-counsel due-process equal-protection ineffective-assistance plea-bargain record statute-of-limitations strickland-standard strickland-v-washington |
Ineffective-assistance-of-counsel |
| 18-7558 |
Brandon Lamar Hawkins v. Florida |
Florida |
2019-01-24 |
Denied |
Response WaivedRelisted (2)IFP |
competency-hearing criminal-procedure criminal-procedure-competency criminal-sentencing due-process ineffective-assistance judicial-procedure mental-competency mental-health resentencing sentencing trial-court trial-court-discretion |
Whether petitioner is entitled to discharge, new trial, and/or resentencing based on the trial court failing to conduct a competency hearing |
| 18-7563 |
Lynce P. Foster v. United States |
Sixth Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-law constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance legal-representation right-to-counsel sixth-amendment united-states-constitution |
Whether counsel were ineffective for not representing petitioner according to a counsel guaranteed to the petitioner by the Sixth Amendment of the Uni… |
| 18-7567 |
Ron Collins v. United States |
Seventh Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process eighth-amendment fair-sentencing-act ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sentencing sentencing-guidelines |
Whether the court of appeals erred in denying petitioner's application for a certificate of appealability |
| 18-7521 |
Freddie King, Jr. v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-01-23 |
Denied |
Response WaivedIFP |
collateral-review constitutional-right counsel douglas-v-california habeas-corpus ineffective-assistance ineffective-assistance-of-counsel louisiana-criminal-procedure martinez-v-ryan post-conviction-proceedings post-conviction-review procedural-default right-to-counsel state-procedure |
Whether a defendant in a Louisiana state criminal case has a constitutional right to effective assistance of counsel in a first post-conviction procee… |
| 18-7527 |
David Phillip Wilson v. Alabama |
Alabama |
2019-01-23 |
Denied |
IFP |
brady-evidence brady-v-maryland brady-violation co-defendant-statement criminal-procedure discovery due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel kaupp-v-texas probable-cause prosecutorial-misconduct wong-sun-v-united-states |
Whether the prosecution's failure to provide Brady evidence is excused by trial counsel's lack of diligence in pursuing that evidence, and whether Mr.… |
| 18-7533 |
Shawn Canada v. Eddie Miles, Warden |
Eighth Circuit |
2019-01-23 |
Denied |
IFP |
civil-rights confrontation-clause cruel-and-unusual-punishment double-jeopardy due-process habeas-corpus ineffective-assistance plea-bargaining sentencing |
Did Canada receive effective assistance of counsel? |
| 18-7494 |
Richard Dernard Bozell, Jr. v. Greg Skipper, Warden |
Sixth Circuit |
2019-01-18 |
Denied |
Response WaivedIFP |
blackledge-v-allison blackledge-v-perry class-v-united-states constitutional-review due-process effective-assistance-of-counsel federal-court-jurisdiction guilty-plea-review habeas-corpus ineffective-assistance ineffective-counsel lafler-v-cooper plea-bargaining procedural-cognizability supreme-court-precedent |
Whether guilty plea cases are cognizable for federal review |
| 18-7468 |
Robert Charles Jones v. Jack Palmer, Warden, et al. |
Ninth Circuit |
2019-01-17 |
Denied |
Response WaivedIFP |
attorney-advice criminal-procedure due-process habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel life-without-parole parole plea-bargaining post-conviction-relief sentencing sixth-amendment |
Whether Jones received ineffective assistance of counsel |
| 18-7477 |
Ja'Juan Williams v. Dean Minor, Warden |
Eighth Circuit |
2019-01-17 |
Denied |
IFP |
actual-innocence conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief |
Was trial counsel ineffective for not raising issue of actual innocence? |
| 18-7480 |
Karreem Tislam Jabar Wiley v. Larry Cartledge, Warden |
Fourth Circuit |
2019-01-17 |
Denied |
Response WaivedIFP |
6th-amendment compulsory-process confrontation-clause criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-counsel |
Did Trial Defense Counsel violate the Petitioner's 6th Amendment rights? |
| 18-7439 |
Gregory M. Ward v. United States |
Fifth Circuit |
2019-01-16 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel |
Ineffective-assistance-of-counsel |
| 18-7445 |
Lennis A. George v. Jason Kent, Warden |
Fifth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
attempted-manslaughter constitutional-provisions criminal-law criminal-procedure due-process evidence fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence procedural-history standard-of-review |
Whether there was sufficient evidence to convict Lennis George of attempted manslaughter? |
| 18-7460 |
Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-16 |
Denied |
IFP |
adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court |
Did the trial court fail to attach portions of the record? |
| 18-7466 |
Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-defense criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions sixth-amendment |
Whether the erroneous jury instruction given in Mr. Bennett's case negated his only defense and relieved the State of the burden of proving all elemen… |
| 18-7418 |
Derrick T. Seals v. United States |
Eighth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
851-enhancement ambiguous-plea contract criminal-procedure due-process enhancement government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing sentencing-enhancement sentencing-guidelines supervised-release |
Did government breach plea agreement/contract when defendant never agreed to enhancement? |
| 18-7431 |
Teddrick Batiste v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-15 |
Denied |
IFP |
28-usc-2254 death-penalty due-process evidentiary-hearing habeas-corpus ineffective-assistance organic-brain-damage procedural-bar state-court-deference wilson-v-sellers |
Whether the state court's post-conviction process was adequate to ascertain the truth and lacked critical components of an adjudication on the merits |
| 18-7434 |
Christopher Adin Graham v. United States |
Ninth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
28-usc-2253 appellate-procedure certificate-of-appealability closing-argument counsel-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-standard prejudice testimony |
Whether the court of appeals correctly denied petitioner a certificate of appealability under 28 U.S.C. 2253(c) on his ineffective-assistance-of-couns… |
| 18-7436 |
Jeffrey Nicholas Aase v. Paul Schnell, Commissioner, Minnesota Department of Corrections |
Eighth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability conflict-of-interest criminal-defense cuyler-v-sullivan federal-law ineffective-assistance ineffective-assistance-of-counsel judicial-integrity prosecutorial-ethics right-to-counsel structural-error |
Did the Court of Appeals for the 8th Circuit err in not issuing a Certificate of Appealability? |
| 18-7405 |
Gary Lee Beason v. Indiana |
Indiana |
2019-01-14 |
Denied |
Response WaivedIFP |
appellate-counsel-ineffectiveness appellate-review child-molestation collateral-attack criminal-procedure due-process fundamental-rights habeas-corpus ineffective-assistance judicial-bias state-action trial-counsel trial-counsel-ineffectiveness |
Was Beason denied basic Due Process when a biased judge presided over his trial, and can the states preclude the issue from review on collateral attac… |
| 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 |
| 18-7370 |
Skye Ely Gipson v. Cynthia Y. Tampkins, Warden |
Ninth Circuit |
2019-01-11 |
Denied |
IFP |
anti-terrorism-and-effective-death-penalty-act antiterrorism-act civil-procedure civil-rights due-process federal-procedure federal-rules-of-civil-procedure habeas-corpus ineffective-assistance procedural-default standing statute-of-limitations |
Whether the court should hear this writ of certiorari challenging the denial of a certificate of appealability under Federal Rules of Civil Procedure … |
| 18-7374 |
David Mejia v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-11 |
Denied |
Response WaivedIFP |
aedpa counsel-performance fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-hoc-rationalization sixth-amendment strickland-test strickland-v-washington wiggins-v-smith |
Whether the Fifth Circuit erred in holding that a court may indulge 'post hoc rationalization' for counsel's decision making that contradicts the avai… |
| 18-7382 |
Jervon L. Herbin v. Virginia |
Virginia |
2019-01-11 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sentencing sixth-amendment structural-defect |
Did the Lower Court(s) Err in refusing to grant retroactive application to Fishback v. Commonwealth? |
| 18-7358 |
Aaron Ford v. United States |
Eleventh Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
career-offender certificate-of-appealability criminal-procedure criminal-procedure-28-usc-2255,ineffective-counsel ineffective-assistance ineffective-assistance-of-counsel plain-error presentence-investigation-report section-2255-motion sentencing |
Whether the Eleventh Circuit Court of Appeals erred in denying to issue a certificate of appealability to review Petitioner's denied motion under 28 U… |
| 18-7367 |
Darwin Markeith Huggans v. United States |
Eighth Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
case-review counsel-advice criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-review lee-v-united-states legal-standard misinformation sixth-amendment |
Was the lower court required to address an evidentiary hearing when the evidence clearly showed that Huggins was misinformed based on counsel's advice… |
| 18-7337 |
Gary D. Martin v. Ralph Terry, Acting Warden |
West Virginia |
2019-01-09 |
Denied |
Response WaivedIFP |
change-of-venue constitutional-error due-process equal-protection habeas-corpus indigent-rights ineffective-assistance ineffective-assistance-of-counsel judicial-bias right-to-counsel venue |
Did the State of West Virginia and subservient Circuit Court of Fayette County, West Virginia abuse its discretion and commit clear error in failing t… |
| 18-7278 |
Briand Williams v. California |
California |
2019-01-08 |
Denied |
Response WaivedIFP |
appellate-counsel due-process equal-protection plea-bargain record-on-appeal statute-of-limitations appellate-counsel appellate-record due-process equal-protection ineffective-assistance Ineffective-assistance-of-counsel plea-bargain sixth-amendment statute-of-limitations strickland-standard |
Ineffective-assistance-of-counsel,due-process,equal-protection,statute-of-limitations,plea-bargain,appellate-record |
| 18-7310 |
Kadeem Thomas v. United States |
Third Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
alleyne-ruling alleyne-v-united-states appellate-procedure certificate-of-appealability direct-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurist-standard retroactivity |
Should the district court judge issue or deny a certificate of appealability |
| 18-7312 |
Danny D. Tran v. Kansas |
Kansas |
2019-01-08 |
Denied |
Response WaivedIFP |
coerced-confession criminal-procedure due-process in-re-gault ineffective-assistance ineffective-assistance-of-counsel juvenile-confession juvenile-rights postcard-denial strickland-standard williams-v-taylor |
Question not identified |
| 18-7254 |
Alvin E. Thomas v. United States |
Third Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
6th-amendment actual-prejudice automatic-reversal collateral-review counsel-of-choice fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel sixth-amendment structural-error |
Is automatic reversal required where a defendant was denied counsel of choice due to the ineffective assistance of counsel? |
| 18-7259 |
Jack E. Allen v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale |
Pennsylvania |
2019-01-07 |
Denied |
IFP |
batson-v-kentucky civil-rights due-process false-imprisonment fourteenth-amendment habeas-corpus ineffective-assistance innocence reasonable-doubt sixth-amendment |
Did the petitioner give the first opportunity of the state supreme court to resolve such claims, issues, contentions in a state habeas corpus? |
| 18-7270 |
Antonio Bryant v. Illinois |
Illinois |
2019-01-07 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process in-re-winship ineffective-assistance ineffective-assistance-of-counsel involuntary-confessions involuntary-statements people-v-bryant standard-of-proof sufficiency-of-evidence |
Whether the Illinois Appellate Court's decision in People v. Bryant is contradictory to this Court's decisions in In re Winship, Jackson v. Denno, and… |
| 18-848 |
Courtney Valle Bisbee v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2019-01-04 |
Denied |
|
actual-innocence certificate-of-appealability constitutional-claims evidentiary-hearing habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel jury-trial sixth-amendment |
Whether Petitioner is entitled to an evidentiary hearing on her ineffective assistance of counsel claim |
| 18-7198 |
Julio Cruz v. David Hallenbeck, Superintendent, Hale Creek Correctional Facility |
Second Circuit |
2018-12-28 |
Denied |
Response WaivedIFP |
14th-amendment 8th-amendment affidavit civil-procedure civil-rights constitutional-rights criminal-procedure declaration due-process excessive-fines habeas-corpus in-forma-pauperis incorporation ineffective-assistance post-conviction-relief poverty redress |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment |
| 18-7186 |
Corey Ian Weidner v. Jeri Taylor, Superintendent, Eastern Oregon Correctional Institution |
Ninth Circuit |
2018-12-27 |
Denied |
Response WaivedIFP |
appellate-counsel federal-habeas federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel new-rule post-conviction-review state-law state-post-conviction-proceedings strickland-standard |
Whether state court decision on state law is binding on federal court |
| 18-798 |
Joanna Joy Blauch v. Colorado |
Colorado |
2018-12-21 |
Denied |
Response WaivedRelisted (2) |
civil-procedure constitutional-rights due-process effective-assistance-of-counsel evidentiary-error evidentiary-standards exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington waiver-of-rights |
Does ruling the substantive nature of materially relevant documentary evidence with apparent exculpatory value effected non-existent, without applying… |
| 18-7098 |
Amos Junior Scott v. Heriberto H. Tellez, Acting Warden |
Ninth Circuit |
2018-12-20 |
Denied |
IFP |
28-usc-2241 28-usc-2255 federal-habeas-corpus federal-statute habeas-corpus inadequate-or-ineffective ineffective-assistance ineffective-remedy mandatory-minimum mandatory-minimum-sentence nonexistent-prior-conviction prior-conviction sentencing-enhancement |
Whether Petitioner is Entitled to Seek Federal Habeas Corpus Relief Under 28 U.S.C. § 2241, From an Erroneous Mandatory Minimum Sentence, That Was Bas… |
| 18-7100 |
Brian Simmons v. Michael Capra, Superintendent, Sing Sing Correctional Facility |
Second Circuit |
2018-12-20 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process fair-trial fraud-on-the-court ineffective-assistance ineffective-assistance-of-counsel judicial-review perjured-testimony perjury prosecutorial-misconduct |
Whether petitioner's justification defense was lost amongst the volume of prosecutors' use of false or perjured testimonies that went uncorrected |
| 18-7137 |
Jamie R. Madrigal v. Ohio |
Ohio |
2018-12-20 |
Denied |
IFP |
14th-amendment 5th-amendment brady-v-maryland brady-violation constitutional-rights conviction criminal-procedure due-process evidence ineffective-assistance res-judicata statutory-interpretation |
May withholding exculpatory and impeaching evidence be disregarded and/or used to obtain or sustain a conviction? |
| 18-791 |
Kyle James Moesch v. Texas |
Texas |
2018-12-20 |
Denied |
Response Waived |
collateral-proceedings collateral-review constitutional-rights douglas-v-california due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan right-to-counsel sixth-amendment |
Whether a prisoner who raises a claim of ineffective assistance of trial counsel in initial-review collateral proceedings is entitled to the assistanc… |
| 18-7130 |
Matthew G. Alden, Jr. v. Massachusetts |
Massachusetts |
2018-12-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-charges criminal-charges-text-messages criminal-procedure due-process ineffective-assistance jury-instructions preponderance-of-evidence preponderance-of-the-evidence proof-beyond-reasonable-doubt reasonable-doubt right-to-acquittal structural-error text-message-evidence text-messages |
Whether the government's use of a preponderance-of-the-evidence standard to prove that the defendant sent text messages violates the defendant's right… |
| 18-7075 |
Patrick Martinez v. Texas |
Texas |
2018-12-18 |
Denied |
IFP |
criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper parole parole-eligibility plea-bargaining reasonable-probability sixth-amendment |
Whether the decision below is irreconcilable with Lafler v. Cooper and the reasonable probability standard for analyzing prejudice in ineffective assi… |
| 18-7091 |
Steven Anthony Butler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-18 |
Denied |
IFP |
capital-punishment capital-sentencing competence competency-evaluation ineffective-assistance ineffective-assistance-of-counsel investigation judicial-process judicial-review mental-competence mental-health mitigating-evidence procedural-fairness |
When must the Court exercise its supervisory power to assure the fairness of the judicial process? |
| 18-7021 |
Juan Thomas v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2018-12-13 |
Denied |
Response WaivedIFP |
admissibility-of-evidence due-process eighth-amendment equitable-tolling fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-charge martinez-v-ryan notice-of-appeal public-defender |
Whether the Circuit Court erred in failing to appropriately consider the 'Equitable Tolling' in conjunction with Ineffective Assistance of the Public … |
| 18-753 |
Robert Stephen Couturier v. Presiding Judge, Superior Court of California, Los Angeles County, et al. |
Ninth Circuit |
2018-12-12 |
Denied |
|
arrest-warrant bench-trial certificate-of-appealability due-process fair-trial fourteenth-amendment impartial-jury ineffective-assistance judicial-impartiality |
Did the 9th Circuit Court of Appeals error when it denied The Petitioner a Certificate of Appealability? |
| 18-6968 |
Alejandro Quinones Leyva v. United States District Court for the District of South Carolina |
Fourth Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure ineffective-assistance ineffective-assistance-of-counsel language-barriers notice-of-appeal plea-bargaining prejudice right-to-counsel sentencing sentencing-rights sixth-amendment |
Whether the defendant received ineffective assistance of counsel due to counsel's failure to file a notice of appeal |
| 18-6996 |
Jonathan R. Curshen v. United States |
Eleventh Circuit |
2018-12-11 |
Denied |
Response WaivedRelisted (2)IFP |
access-to-courts certificate-of-appealability due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel sentencing-enhancement sentencing-guidelines |
Was the petitioner denied his substantial rights to access to the courts, due process, and equal protection, when the United States Court of Appeals f… |
| 18-742 |
Brandon Washington v. Alabama |
Alabama |
2018-12-11 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-review cumulative-effect cumulative-error due-process ineffective-assistance performance prejudice prejudice-analysis right-to-counsel strickland-standard strickland-v-washington trial-counsel trial-counsel-errors |
Whether, under Strickland v. Washington, 466 U.S. 668 (1984), a court assessing the prejudice resulting from trial counsel's errors should consider ea… |
| 18-6953 |
Jesus Jaime Jimenez v. Texas |
Texas |
2018-12-10 |
Denied |
IFP |
14th-amendment 6th-amendment actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect post-conviction-writ texas-constitution |
Whether the Trial Court, as well as, the Court of Criminal Appeals of Texas, abused their discretion (violating Applicants Constitutional Rights) by f… |
| 18-6938 |
Jarrod Phillips v. Rusty Washburn, Warden |
Sixth Circuit |
2018-12-07 |
Denied |
Response WaivedIFP |
appeal appellate-procedure boykin-precedent boykin-v-alabama civil-rights constitutional-review constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines fourteenth-amendment incorporation ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining strickland-standard strickland-v-washington |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-6960 |
Craig Mack v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-07 |
Denied |
IFP |
civil-procedure civil-rights due-process free-speech standing takings civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct sentencing |
Whether the petitioner's constitutional rights were violated by errors in his criminal trial and sentencing proceedings |
| 18-6964 |
Henry L. Wallace v. United States |
District of Columbia |
2018-12-07 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure criminal-procedure-defects double-jeopardy due-process indictment-amendment ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect jury-instruction jury-instructions prosecutorial-misconduct standing |
Whether a jurisdiction defective indictment can be procedurally or time bar adjudication |
| 18-6926 |
James Valentine v. United States |
Eleventh Circuit |
2018-12-06 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-court-conflict circuit-court-review circuit-split controlled-substance controlled-substance-offense criminal-sentencing criminal-sentencing-enhancement drug-conviction due-process ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentence-enhancement sentencing-guidelines statutory-interpretation |
Did the Eleventh Circuit Court of Appeals commit error in applying 21 U.S.C. §851 sentence enhancement? |
| 18-6944 |
Jose Luis Vizcaino-Ramos v. Cherry Lindamood, Warden |
Sixth Circuit |
2018-12-06 |
Denied |
Response WaivedIFP |
civil-rights due-process exhaustion-doctrine exhaustion-of-state-remedies habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan procedural-default tennessee tennessee-post-conviction-procedures trial-counsel |
Whether under Martinez v. Ryan, a prisoner confined pursuant to a Tennessee Judgment may assert ineffective assistance of initial-collateral-review co… |
| 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… |
| 18-6880 |
Jason A. Lenz v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-11-29 |
Denied |
Response WaivedIFP |
accidental-death character-evidence civil-procedure civil-rights constitutional-law due-process expert-testimony habeas-corpus ineffective-assistance jury-deadlock standing statutory-interpretation |
Should a certificate of appealability issue in a Section 2254 proceeding |
| 18-6855 |
Antonio DeJesus Perez-Martinez v. United States |
Sixth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge constructive-amendment criminal-procedure due-process equal-protection indictment indictment-variance ineffective-assistance ineffective-assistance-of-counsel plea-bargaining proportionality sentencing sentencing-proportionality sentencing-reasonableness |
Whether appellate counsel was grossly ineffective by arguing a material variance instead of a constructive amendment |
| 18-6838 |
Alvin Leon Roundtree v. United States |
Fifth Circuit |
2018-11-27 |
Denied |
Response WaivedIFP |
appeal appellate-procedure civil-procedure civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pro-se section-2255 sixth-amendment standing |
Whether the district court's failure to construe Mr. Roundtree's pro se motion for specific performance as a motion to vacate under 28 U.S.C. §2255 co… |
| 18-671 |
Kurt Robert Smith v. Anna Valentine, Warden |
Sixth Circuit |
2018-11-26 |
Denied |
Response Waived |
28-usc-2254 aedpa federal-law federal-review habeas-corpus ignorance-of-law ineffective-assistance ineffective-assistance-of-counsel legal-ignorance reasonable-counsel strategic-decision |
Must a court reviewing counsel's failure to investigate first determine whether the basis for the failure was counsel's ignorance of the law, or anoth… |
| 18-6805 |
Jose Rodriguez v. Daniel Paramo, Warden |
Ninth Circuit |
2018-11-26 |
Denied |
IFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process federal-question first-degree-murder ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instructions penal-code-187a principal reasonable-doubt |
Whether the petitioner's conviction for first-degree murder lacked sufficient evidence to support the verdict |
| 18-6810 |
Timothy Hickman-Smith v. United States |
Eighth Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
colorado-v-bertine criminal-procedure due-process fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel inventory-search search-and-seizure south-dakota-v-opperman vehicle-search |
Did inventory search violate this Court's decisions in South Dakota v. Opperman and Colorado v. Bertine, as well as the Fourth Amendment to the Consti… |
| 18-6815 |
Micheal Jerrial Ibenyenwa v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-11-26 |
Denied |
IFP |
civil-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel plea-bargaining procedural-default right-to-counsel sentencing |
Whether a petitioner deserves encouragement to proceed further when trial counsel instructs him to reject a favorable plea offer at trial colloquy thr… |
| 18-6816 |
Vicente Garcia v. United States |
Seventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
aggravated-battery constitutional-rights criminal-conviction criminal-procedure criminal-procedure-ineffective-assistance-of-couns ineffective-assistance ineffective-assistance-of-counsel johnson-precedent johnson-v-united-states sentencing-guidelines sixth-amendment |
Whether the Seventh Circuit Court of Appeals erred in its holding that Garcia had failed to show a denial of his constitutional Sixth Amendment rights |
| 18-6820 |
Robert Paul Langley, Jr. v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Oregon |
2018-11-26 |
Denied |
Response WaivedIFP |
fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel judicial-authorization particularity particularity-requirement search-warrant seizure sixth-amendment |
Does the Fourth Amendment require that a search warrant particularly describe the things to be seized? |
| 18-6742 |
Albert Uriah Mathis v. North Carolina |
North Carolina |
2018-11-20 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-misconduct mistrial prosecutorial-misconduct |
Can a judge order a mistrial in a case simply, so he may attend a Dr. appointment? |
| 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? |
| 18-6764 |
Kenneth Ray Borders v. United States |
Eighth Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal presumption-of-prejudice roe-v-flores-ortega sixth-amendment trial-counsel |
Does the 'presumption of prejudice' recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial coun… |
| 18-6724 |
Roger Lee Ozier v. Shirlee Harry, Warden |
Sixth Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
appellate-review armed-robbery bank-robbery confrontation-clause criminal-procedure cross-examination eyewitness-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause sixth-amendment |
Was the evidence sufficient to sustain Mr. Ozier's conviction for armed robbery and bank robbery? |
| 18-6727 |
John C. Stojetz v. Tim Shoop, Warden |
Sixth Circuit |
2018-11-19 |
Denied |
IFP |
brady-violation capital-punishment due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel medical-records mitigation prosecutorial-misconduct ptsd racial-bias |
Has the Constitutional right to due process of law been violated where a prosecutor withholds prison medical records that substantiate a capital defen… |
| 18-6733 |
Laura Shauger v. United States |
Third Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
28-usc-2255 aba-standards-for-criminal-justice certificate-of-appealability circuit-courts-of-appeals district-court district-court-ruling ineffective-assistance ineffective-assistance-of-counsel reasonable-jurists section-2255 sentencing-counsel supreme-court-of-idaho third-circuit |
Whether rulings by the district court denying relief are debatable by jurists of reason if rulings by other courts in similar situations arguably supp… |
| 18-6696 |
Octavio Torres Ortega v. Pam Bondi, Attorney General of Florida |
Eleventh Circuit |
2018-11-16 |
Denied |
IFP |
appeal criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal motion-to-suppress public-defender speedy-trial trial-counsel witness-credibility |
did-the-trial-court-err-in-denying-a-judgment-of-acquittal |
| 18-6721 |
Gavin Cullens v. Cindi Curtin, Warden |
Sixth Circuit |
2018-11-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense trial-counsel |
Did the trial court err when it gave out self-defense instruction for complainants who were not accused of any crimes to warrant a defense? Alternativ… |
| 18-6725 |
Charles Wayne Bussell v. Kentucky |
Kentucky |
2018-11-16 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination due-process impeachment impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-hearing post-conviction-relief postconviction-hearing sixth-amendment tainted-testimony trial-strategy witness-testimony |
Was defense counsel ineffective in the re-trial when he failed to object to the introduction of the tainted testimony from the first trial and when he… |
| 18-6689 |
Israel Sanchez v. Christian Pfeiffer, Warden |
Ninth Circuit |
2018-11-15 |
Denied |
Response WaivedIFP |
civil-rights due-process federal-jurisdiction habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations pleading-standard supreme-court-precedent |
Is California's stringent pleading standard to allege a claim of ineffective assistance of counsel during plea negotiations contrary to the governing … |
| 18-6691 |
Delilah McCurtis v. Maggie Burke, Warden |
Seventh Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-consistent-statements prior-inconsistent-statements witness-testimony |
Where petitioner was denied a fair trial due to the introduction of prior inconsistent statements |
| 18-6699 |
James Tyrell Drane v. Michigan |
Michigan |
2018-11-14 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment |
Whether petitioner has a due process right to plea withdrawal because his plea was unknowing and involuntary, and entered in violation of his Sixth Am… |
| 18-6701 |
Roger Dale Epperson v. Kentucky |
Kentucky |
2018-11-14 |
Denied |
IFP |
client-autonomy closing-argument concession-of-guilt criminal-procedure defense-strategy ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-control-defense right-to-counsel sixth-amendment |
Is a defendant's Sixth Amendment right to counsel, and the right to control the objective of the defense, violated, under the Court's recent decision … |
| 18-6703 |
David Richard Trimble v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
aggravated-rape Confrontation-Clause criminal-procedure cross-examination due-process fourteenth-amendment ineffective-assistance Ineffective-assistance-of-counsel jackson-v-virginia sixth-amendment Statute-of-limitations sufficiency-of-evidence |
Whether the evidence was insufficient to find David Trimble guilty of four counts of Aggravated Rape beyond a reasonable doubt |
| 18-6704 |
Aaron Jonathon Zemke v. Michigan |
Michigan |
2018-11-14 |
Denied |
IFP |
abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion |
Whether Mr. Zemke received ineffective assistance of counsel under the Sixth Amendment |
| 18-6654 |
In Re Gary Ray Debolt |
|
2018-11-13 |
Denied |
Relisted (2)IFP |
brady-v-maryland civil-rights conviction criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Is it in violation of the fifth Amendment and Brady v. Maryland to convict a person with the use of false and manipulated evidence? |
| 18-6623 |
Carlos Cosme v. United States |
Ninth Circuit |
2018-11-09 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review |
Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef… |
| 18-6626 |
William Foley Miller v. Florida |
Eleventh Circuit |
2018-11-08 |
Denied |
IFP |
civil-rights due-process federal-habeas federal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mistrial procedural-default right-to-counsel state-appellate-review |
Who did not use any federal case's or federal codes, did not preserve these issues for review that creates an unexhausted and procedurally defaulted c… |
| 18-6633 |
Keith Fremin v. Robert C. Tanner, Warden |
Fifth Circuit |
2018-11-08 |
Denied |
IFP |
castration civil-rights constitutional-rights criminal-procedure due-process good-time guilty-plea ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-district plea-agreement plea-bargaining sentencing |
Whether the 22 Judicial District Court failed to uphold the plea agreement in exchange |
| 18-6646 |
John Edward Davis v. Florida |
Florida |
2018-11-08 |
Denied |
IFP |
autopsy-photographs coercion constitutional-procedure criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-confession involuntary-statements juvenile-offender juvenile-offender-rights juvenile-rights motion-to-suppress right-to-testify self-incrimination |
Whether the Florida Court of Appeals unreasonably applied this Court's precedent |
| 18-6593 |
Sigifredo Molina-Varela v. United States |
Tenth Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel motion-for-severance prejudice prejudicial-error right-to-counsel severance sixth-amendment |
Did the defense counsel's failure to file a motion for severance create a significant prejudice against the petitioner thereby constituting ineffectiv… |
| 18-6601 |
Stefone Dwayne Palomo v. United States |
Fifth Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
anders-review appeal appeal-rights appellate-review due-process fifth-circuit-rules frivolous frivolous-issues ineffective-assistance local-rules merits right-to-appeal sua-sponte-dismissal |
Does Petitioner's right to an appeal require either a decision on the merits or an Anders review with a finding that all issues are frivolous? |
| 18-6580 |
Wiliiam Scott Fitts v. Barry Goodrich, Warden, et al. |
Georgia |
2018-11-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment Fourteenth-Amendment-due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel normative-legal-issues plea-bargaining right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment |
Whether the accused's constitutional rights were violated when forced to choose between the Sixth Amendment and Fourteenth Amendment in deciding wheth… |
| 18-6582 |
Kareem Glass v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset |
Third Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-rights capital-punishment constitutional-rights death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-circumstances penalty-phase sixth-amendment waiver waiver-of-rights |
where-capital-counsel-induced-petitioner-into-a-waiver |
| 18-6570 |
Timothy J. Kaprelian v. Lizzie Tegels, Warden |
Seventh Circuit |
2018-11-05 |
Denied |
Response WaivedIFP |
criminal-defendant criminal-defendant-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel no-contest plea-agreement plea-bargaining |
Is a criminal defendant who pleads no contest entitled to exculpatory evidence that the state concealed and suppressed |
| 18-6571 |
Mark Jervis v. Richard Brown, Warden |
Seventh Circuit |
2018-11-05 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights due-process e-filing-system habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-discretion prisoner-rights standing |
Does the District Court have the inherent power to rectify its own mistakes after creating a system that makes it nearly impossible for prisoners to c… |
| 18-6553 |
Michael Founier Dixon, aka Michael Fournier Dixon v. Texas |
Texas |
2018-11-02 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing |
Was Agpli canl's guilty pleac) involuwtaay duce 40 counsels wet echve deficient Assistance jw Tetality duaing all Stages of the caiminel process ? |
| 18-6560 |
Wendell Weaver v. Walter Nicholson, Warden |
Seventh Circuit |
2018-11-02 |
Denied |
Response WaivedIFP |
counsel-of-choice criminal-procedure disqualification eyewitness-testimony ineffective-assistance prosecutorial-misconduct reasonable-alternatives right-to-counsel strickland-standard strickland-v-washington trial-court wheat-v-united-states |
Does Wheat v. United States clearly establish that trial courts must consider reasonable alternatives before disqualifying a criminal defendant's coun… |
| 18-6519 |
Mariano Alvarez v. United States |
Fifth Circuit |
2018-10-31 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion life-sentence mistrial plea-bargaining plea-negotiation recusal sentencing-guidelines |
Can doubts in granting a Certificate of Appealability (COA) be resolved in favor of the appellant when considering the severity of his life sentence? |
| 18-6525 |
Edmund Zagorski v. Tony Mays, Warden |
Sixth Circuit |
2018-10-31 |
Denied |
IFP |
edwards-v-carpenter federal-civil-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lockett-v-ohio martinez-rule martinez-v-rule post-conviction-relief procedural-default |
Whether a federal habeas corpus petitioner can invoke the rule of Martinez v. Ryan to show that the ineffectiveness of post-conviction counsel provide… |
| 18-6467 |
Tyrone Pulley v. California |
California |
2018-10-29 |
Denied |
IFP |
appellate-counsel circuit-split habeas-corpus habeas-corpus-proceedings ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default trevino-v-thaler |
Does the rule established in Martinez v. Ryan and Trevino v. Thaler apply to procedurally defaulted ineffective assistance of appellate counsel claims… |
| 18-6486 |
In Re Steve G. Hernandez |
|
2018-10-29 |
Denied |
Response WaivedRelisted (2)IFP |
brady-material brady-violation civil-rights criminal-procedure cumulative-error due-process evidence-suppression impeachment ineffective-assistance perjury witness-impeachment |
What is the constitutional violation of ineffective assistance of counsel |
| 18-6447 |
Eullis Monroe Goodwin v. United States |
Sixth Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure due-process ineffective-assistance rule-11 sentencing sentencing-guidelines strickland-standard strickland-v-washington |
Did Counsel's Failure to properly develope and present Objections to Petitioner's designation as an career offender, render Ineffective Assistance und… |
| 18-6463 |
Jose Gilberto Portillo v. United States |
District of Columbia |
2018-10-26 |
Denied |
Response WaivedIFP |
counsel-obligations counsel-obligations-guilty-plea critical-stage due-process guilty-pleas ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper language-barrier missouri-v-frye non-english-speaker plea-bargaining plea-negotiation sixth-amendment young-defendant |
Whether the DC Court of Appeals' decision conflicts with Supreme Court precedent on counsel's obligations to adequately counsel client regarding guilt… |
| 18-6430 |
Kinzie Decarlos Thomas v. United States |
Eleventh Circuit |
2018-10-25 |
Denied |
Response WaivedIFP |
28-usc-2255 alibi-defense appellate-review district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel off-the-record off-the-record-facts procedural-default section-2255 statutory-interpretation |
Whether the district court erred in denying an evidentiary hearing on a § 2255 motion without resolving contested material facts |
| 18-6423 |
Marlan McRae v. United States |
Sixth Circuit |
2018-10-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
attorney-misconduct conflict-of-interest constitutional-rights due-process fiduciary-conflict fiduciary-conflict-of-interest fiduciary-duty ineffective-assistance ineffective-assistance-of-counsel legal-ethics manifest-necessity sixth-amendment vague-precedent |
Can the unconscionable and illegal actions of an attorney, in addition to a fiduciary conflict of interest between an attorney and his client, amount … |
| 18-6397 |
Angel Rosario v. United States |
Second Circuit |
2018-10-23 |
Denied |
Response WaivedIFP |
actual-innocence advisory-guidelines amendment-709 career-offender due-process ineffective-assistance johnson-rule rule-of-lenity sentencing-enhancement void-for-vagueness |
Were the Appellant's right to Due Process of Law violated |
| 18-6400 |
Tarvares James Watson v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-10-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-procedure due-process eleventh-circuit extraordinary-circumstances federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) rule-60b state-law state-law-procedural-principles state-procedural-law |
Whether the Eleventh Circuit abused its discretion in overlooking the relevant state law procedural principles underlying petitioner's constitutional … |
| 18-6406 |
Daniel Tappen v. Florida |
Florida |
2018-10-23 |
Denied |
Response WaivedIFP |
attorney-client-privilege attorney-client-relationship constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel law-enforcement right-to-counsel sixth-amendment |
Whether a defense attorney renders ineffective assistance of counsel |
| 18-6334 |
Ahkeem Wiggins v. Robert C. Tanner, Warden |
Fifth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process enhancement-penalty guilty-plea ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining sentencing |
Whether the 1st Judicial District Court, Parish of Caddo, State of Louisiana had jurisdiction to accept a guilty plea to an enhancement penalty under … |
| 18-6344 |
Brandon Eugene Lacy v. Arkansas |
Arkansas |
2018-10-16 |
Denied |
IFP |
criminal-procedure cumulative-error cumulative-error-analysis fundamental-fairness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health neuropsychological-evaluation neuropsychological-testing Sixth-Amendment strickland-standard Strickland-v-Washington |
Whether the Arkansas Supreme Court misapplied Strickland v. Washington |
| 18-6325 |
Adrian Contreras-Rebollar v. Mike Obenland, Superintendent, Monroe Correctional Complex |
Ninth Circuit |
2018-10-15 |
Denied |
Response WaivedIFP |
6th-amendment certificate-of-appealability co-counsel criminal-procedure-6th-amendment-right-to-counsel- criminal-procedure-6th-amendment-self-defense-inef defense-of-another due-process ineffective-assistance jury-instruction right-to-counsel self-defense sixth-amendment |
Where petitioner's defense in the trial court was based on Self-Defense, petitioner did not fully trust his Dept. of Assigned Counsel lawyer, and thus… |
| 18-6291 |
Steven H. Cook v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-10-12 |
Rehearing |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights collateral-review deprivation-of-liberty due-process federal-law federal-mail-box-rule habeas-corpus ineffective-assistance ineffective-assistance-of-counsel liberty-deprivation mail-box-rule mailbox-rule standing timeliness |
Is the issue of great import to potentially thousands of prisoners similarly situated and does it have significant impact on the public? |
| 18-6307 |
Lorenzo Micquell Latimer v. Jeff Macomber, Warden |
Ninth Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-record due-process evidence evidence-code harmless-error ineffective-assistance plain-error prior-criminal-record |
When unacceptable insufficient evidence is portrayed upon the Defendant within a criminal case, by way of prior criminal record; does 'harmless error'… |
| 18-6275 |
Ricardo Lupian-Barajas v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-10-11 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process eleventh-circuit federal-rules-of-appellate-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings prosecutorial-misconduct sixth-amendment strickland strickland-standard |
Did the United States Court of Appeals for the Eleventh Circuit depart from the accepted and usual course of judicial proceedings when it failed to st… |
| 18-6298 |
Robert Alan Fratta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-10-11 |
Denied |
Relisted (2)IFP |
capital-punishment civil-rights constitutional-rights constructive-amendment due-process fatal-variance habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jackson-review miscarriage-of-justice pro-se-representation right-to-counsel standing sufficiency-of-evidence |
Is it unconstitutional for a U.S. Court of Appeals to accept, sanction or make decisions that allow state courts to refuse to accept meritorious issue… |
| 18-6285 |
Mady Chan, aka Maddy, aka Mandy, aka Manny v. United States |
Ninth Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
constitutional-right constitutional-rights counsel-advice criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky sixth-amendment speedy-trial-act |
Should the holding in Padilla v. Kentucky extend to the attorney's failure to advise a client that under Speedy Trial Act a violation cannot be waived… |
| 18-6240 |
Darryl Johnson v. United States |
Second Circuit |
2018-10-09 |
Denied |
Response WaivedIFP |
appeal-rights constitutional-error due-process evidentiary-hearing guilty-plea habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel plea-bargaining sentencing |
Was Petitioner's guilty plea sustained in violation of due process warranting habeas relief |
| 18-6174 |
Edward Lang v. David Bobby, Warden |
Sixth Circuit |
2018-10-02 |
Denied |
IFP |
deficient-performance due-process false-evidence false-theory ineffective-assistance juror-tampering presumption-of-prejudice reasonable-strategy reasonable-trial-strategy strickland-standard strickland-v-washington trial-strategy |
Can the presentation of false evidence, in support of a false theory, constitute a reasonable trial strategy under Strickland v. Washington? |
| 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… |
| 18-6143 |
Oscar Rodriguez v. United States |
Ninth Circuit |
2018-10-01 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability constitutional-rights due-process effective-assistance-of-counsel evidentiary-hearing federal-habeas-corpus habeas-corpus ineffective-assistance judicial-procedure mental-retardation ninth-circuit summary-denial |
Whether the Ninth Circuit's summary denial of a certificate of appealability complies with this Court's precedents requiring that a COA be granted if … |
| 18-6124 |
Sherman Washington, aka Sherman Lance Washington v. Carmen Denise Palmer, Warden |
Sixth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence evidence-admission fair-trial fair-trial-denial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mre-404b other-bad-acts other-bad-acts-testimony res-gestae sixth-amendment |
Whether petitioner was denied a fair trial by the admission of irrelevant other bad acts testimony |
| 18-6132 |
Marlon Oliver v. United States |
Sixth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
2011 plea offer not requiring cooperation and def criminal-procedure criminal-procedure-ineffective-assistance-of-couns due-process ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer right-to-counsel sixth-amendment |
Whether there is a reasonable probability that the court below would vacate petitioner's conviction, giving the opportunity to consider this Court's d… |
| 18-6141 |
Damian O'Neil Towne v. United States |
Fifth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure government-objection ineffective-assistance ineffective-assistance-of-counsel judicial-review notice-of-appeal sentencing-error sentencing-guidelines sentencing-miscalculation untimely-notice-of-appeal |
Whether a gross miscalculation of the sentencing guideline range should be corrected where a defendant's appellate waiver does not preclude an appeal … |
| 18-6064 |
Robert L. Rose v. Leroy Kirkegard, Warden, et al. |
Ninth Circuit |
2018-09-24 |
Denied |
IFP |
constitutional-rights criminal-procedure ineffective-assistance lafler-v-cooper plea-negotiations remedies remedy sixth-amendment united-states-v-morrison |
What is the proper remedy when a defendant's lawyer fails to inform her client of, or offers deficient advice as to whether to accept, a favorable ple… |
| 18-6081 |
Manuel Enrique Camacho v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2018-09-24 |
Denied |
Response WaivedIFP |
cognitive-impairment competency criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competency psychiatric-evaluation psychiatric-report |
Whether trial counsel was ineffective for failing to determine if Mr. Camacho was competent to enter a guilty plea |
| 18-6084 |
Sharon Lee v. Florida |
Florida |
2018-09-24 |
Denied |
Response WaivedIFP |
competency constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice mental-capacity plea-bargaining |
Was the petitioner's constitutional rights violated when the petitioner unknowingly and unintelligently accepted a plea to a second degree murder char… |
| 18-6070 |
Carlos Cornwell v. Tennessee |
Tennessee |
2018-09-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
bracy-v-gramley expert-testimony forensic-evidence hinton-v-alabama ineffective-assistance judicial-bias judicial-misconduct strickland-standard strickland-v-washington structural-error |
Whether trial counsel provided ineffective assistance in a case dependent on forensic evidence |
| 18-6047 |
Leo Llowlyn Seed v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-09-20 |
Denied |
IFP |
alibi appeal charging-information civil-rights constitutional-rights criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions trial-counsel verdict-form witness-investigation |
Whether trial counsel was ineffective for multiple reasons |
| 18-357 |
Dragomir Taskov v. United States |
Ninth Circuit |
2018-09-19 |
Denied |
Response Waived |
actual-innocence constitutional-rights due-process due-process,ineffective-assistance,innocence,prose habeas-corpus ineffective-assistance ineffective-counsel prosecutorial-misconduct section-2255 statute-of-limitations timeliness |
Whether Petitioner's substantive claim of innocence and constitutional violations are barred as untimely due to prosecutorial interference, miscarriag… |
| 18-6033 |
Raymond Douglas Myers v. David R. Osborne, Warden |
Sixth Circuit |
2018-09-19 |
Denied |
Response WaivedIFP |
actual-innocence equitable-principles indigent-petitioner indigent-petitioners ineffective-assistance post-conviction-counsel post-conviction-relief procedural-default state-interference state-law-limits |
Where there are inherent state law limits placed upon post-conviction counsel and hence indigent petitioners' ability to present his/her substantial p… |
| 18-6045 |
Corey Levon Beckham v. Darrell Miller, Warden |
Fourth Circuit |
2018-09-19 |
Denied |
IFP |
drug-abuse equal-protection fourth-amendment habeas-corpus ineffective-assistance mental-illness sixth-amendment strickland-v-washington unprofessional-conduct |
Did the Fourth Circuit err in holding that the District Court failed to accept the showing of the two-prong test in Strickland v. Washington on counse… |
| 18-5982 |
Todd F. Britton-Harr v. United States |
Fifth Circuit |
2018-09-18 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice prejudice-standard reasonable-person sixth-amendment |
Does the Court's decision in Lee v. United States, 137 S.Ct. 1958 (2017) allow lower courts to require a showing that a 'reasonable person' would have… |
| 18-6015 |
Gustavo Torres-Medel v. Jacqueline Lashbrook, Warden |
Seventh Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
cross-examination defense-presentation discovery expert-witness ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sixth-amendment-rights trial-counsel |
Whether the defendant's Sixth Amendment rights were violated when trial counsel failed to utilize an expert witness, failed to present defense witness… |
| 18-6024 |
Eric Sijohn Brown v. United States |
Third Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
buck-v-davis certificate-of-appealability civil-procedure due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-analysis section-2255 standard-of-review third-circuit |
Does the Third Circuit Court Of Appeals decision contravene Buck v. Davis |
| 18-6028 |
Maurice Baum v. United States |
Fourth Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure drug-amount drug-crimes due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment |
Was Trial Counsel's failure to object to the District Court's determination and findings of the drug amount attributable to the Petitioner objectively… |
| 18-6029 |
Debra Ann Aquilina v. Sarah Davis, Administrator, Edna Mahan Correctional Facility, et al. |
Third Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
cause-of-death constitutional-rights criminal-procedure due-process expert-opinion expert-testimony ineffective-assistance ineffective-assistance-of-counsel medical-examiner right-to-counsel right-to-effective-counsel sixth-amendment trial-counsel trial-errors trial-proceedings |
Did the petitioner's trial counsel provide constitutionally ineffective assistance, violated petitioner's right to effective assistance of counsel, be… |
| 18-5985 |
Jeffery Dana Sparks v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Oregon |
2018-09-14 |
Denied |
IFP |
constitutional-rights criminal-procedure cross-examination death-penalty evidence-presentation expert-testimony expert-witnesses ineffective-assistance ineffective-assistance-of-counsel prosecution-experts prosecution-theory trial-strategy |
Whether defense counsel in a death penalty trial provided effective assistance |
| 18-5964 |
Nicholas Hacheney v. Mike Obenland, Superintendent, Monroe Correctional Complex |
Ninth Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-law due-process federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-reasoning state-court-review wilson-v-sellers |
Whether the Ninth Circuit's decision failing to grant a certificate of appealability for the ineffective assistance of counsel claim conflicts with Wi… |
| 18-5953 |
Antowan Thorne v. United States |
Fourth Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
certificate-of-appealability district-court-error due-process evidentiary-hearing franks-hearing ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial new-trial search-suppression sixth-amendment witness-testimony |
Should the district court's denial of a new trial or evidentiary hearing due to counsel's failure to interview witnesses and call additional witnesses… |
| 18-313 |
Albon C. Diamond, III v. Florida |
Florida |
2018-09-11 |
Denied |
Response Waived |
criminal-procedure due-process effective-assistance-of-counsel impeachment ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony sixth-amendment strategic-decisions strickland strickland-standard |
Whether the Sixth Amendment's guarantee of effective attorney representation requires a finding of ineffective assistance of counsel where the trial a… |
| 18-5928 |
Ricardo Limon-Urenda v. United States |
Eighth Circuit |
2018-09-11 |
Denied |
Response WaivedIFP |
6th-amendment ambiguous-answer criminal-procedure hearing impartial-jury impartiality ineffective-assistance juror-impartiality jury-selection prospective-juror right-to-counsel sixth-amendment |
Whether trial counsel rendered ineffective assistance under the 6th Amendment |
| 18-5910 |
Curtis Dee Packard v. Barry Goodrich, Warden, et al. |
Tenth Circuit |
2018-09-07 |
Denied |
Response WaivedIFP |
6th-amendment assistance-of-counsel confrontation-clause criminal-procedure due-process ineffective-assistance pro-se-representation public-defender right-to-counsel self-representation sixth-amendment trial-court withdrawal-of-counsel |
Whether both the trial court and the State's Public Defender''s Office invited error and erroneously denied the Petitioner his 6th Amendment rights to… |
| 18-5918 |
Jose Guerrero Lozano, Jr. v. Florida |
Florida |
2018-09-07 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights criminal-procedure delay due-process florida-court ineffective-assistance ineffective-assistance-of-counsel legal-delay prejudice speedy-trial |
Whether the State of Florida Court or the Petitioner is more to blame for the delay. Whether, in due course, and petitioner asserted a claim of ineffe… |
| 18-5909 |
Barry Soldridge v. Lawrence Mahally, Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2018-09-06 |
Denied |
IFP |
certificate-of-appealability due-process habeas-corpus ineffective-assistance post-conviction post-conviction-relief waiver |
Whether a defendant's waiver of post-conviction relief rights was entered knowingly, intelligently and voluntarily |
| 18-287 |
Ron Neal, Superintendent, Indiana State Prison v. Frederick Michael Baer |
Seventh Circuit |
2018-09-05 |
Denied |
Relisted (3) |
antiterrorism-act antiterrorism-and-effective-death-penalty-act deferential-review habeas-corpus habeas-relief indiana-supreme-court ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct strickland-standard strickland-v-washington |
Did the Seventh Circuit violate the deferential review requirements of the Antiterrorism and Effective Death Penalty Act by disregarding the reasoned … |
| 18-5880 |
Virginia S. Caudill v. Janet Conover, Warden |
Sixth Circuit |
2018-09-05 |
Denied |
IFP |
batson-challenge batson-v-kentucky circumstantial-evidence civil-rights due-process equal-protection habeas-corpus ineffective-assistance jury-selection peremptory-challenges prosecutorial-discrimination racial-discrimination sixth-amendment standing |
whether-the-state-court-ruled-contrary-to-or-unreasonably-applied-batson |
| 18-5896 |
Beverly Allen Baker v. United States |
Fourth Circuit |
2018-09-05 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-procedure civil-rights confrontation-clause conspiracy criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel multiple-conspiracies sentencing sentencing-guidelines sixth-amendment |
Whether the government committed a Kotteakos violation by using evidence of multiple conspiracies to support an indictment for a single conspiracy |
| 18-5868 |
William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2018-09-04 |
Denied |
Response WaivedIFP |
civil-rights cumulative-prejudice due-process fair-trial fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard |
Whether the cumulative effect of multiple constitutional violations, including ineffective assistance of counsel, deprived the defendant of a fair tri… |
| 18-265 |
Micah Patterson v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2018-08-31 |
Denied |
Response RequestedRelisted (2) |
adversarial confrontation constitutional-rights due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel investigation sixth-amendment virginia-supreme-court |
Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson's ineffective assistance of counsel… |
| 18-5849 |
Jose Soza v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-08-31 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment state-postconviction |
Whether state trial counsel rendered constitutionally ineffective assistance of counsel |
| 18-5846 |
Dustin Xavier Wilkins, aka Dxavier Wilkins, aka Xavier Wilkins, aka Chosen Wilkins v. United States |
District of Columbia |
2018-08-30 |
Denied |
Response WaivedIFP |
6th-amendment appeal court-appointed-counsel criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sentencing sentencing-hearing |
Whether the petitioner should be allowed to withdraw his guilty plea based on ineffective assistance of counsel |
| 18-5814 |
Bobby Cruz v. United States |
Seventh Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process evidentiary-hearing guilty-plea habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel mayle-v-felix section-2255 |
Did the Seventh Circuit Court of Appeals err in denying Bobby Cruz a certificate of appealability |
| 18-5815 |
Jose Francisco Puentes v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2018-08-29 |
Denied |
IFP |
14th-amendment 6th-amendment arizona-statute civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel standing |
Does the Arizona statute 13-1410 violate the petitioner's 14th Amendment rights? |
| 18-253 |
Michael Felix v. New York |
New York |
2018-08-28 |
Denied |
Response Waived |
14th-amendment adequate-notice appellate-review coram-nobis due-process due-process-14th-amendment errors-of-law fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel notice notice-and-opportunity notice-of-hearing opportunity-to-be-heard state-constitutional-right-to-appeal unexplained-decision writ-of-error-coram-nobis |
Whether the court of original jurisdiction denied petitioner due process under the United States Constitution's Fourteenth Amendment |
| 18-5772 |
Aurelio Fidencio Saldivar v. G. D. Lewis, Warden |
Ninth Circuit |
2018-08-28 |
Denied |
IFP |
habeas-corpus ineffective-assistance sixth-amendment strickland strickland-standard tactical-rationales trial-counsel |
Is a habeas corpus petitioner alleging a Sixth Amendment claim of ineffective assistance of trial counsel required to address and rebut hypothetical t… |
| 18-5786 |
Donell A. Thomas v. United States |
Seventh Circuit |
2018-08-28 |
Denied |
Response WaivedRelisted (2)IFP |
2255-motion certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-calculation rule-59(e)-motion rule-59e section-2255-motion sentencing sixth-amendment sixth-amendment-rights strickland-standard strickland-v-washington |
Did the Petitioner prove his claim of ineffective assistance of counsel and satisfy the Strickland test? |
| 18-5787 |
Danyale Sharron Tubbs v. Michigan |
Michigan |
2018-08-28 |
Denied |
IFP |
competency competency-defense due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency mental-illness plain-error procedural-default sentencing sentencing-error strickland-standard |
Was Michigan's application of Strickland v. Washington unreasonable? |
| 18-5753 |
James Pello v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
constitutional-error due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance jury-unanimity sixth-amendment unanimous-jury-verdicts |
Whether the United States Court of Appeals for the Seventh Circuit, along with the Indiana State Court of last resort, have entered a decision in conf… |
| 18-5780 |
Peter Vincent Capra v. United States |
Tenth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
appellate-court appellate-review certificate-of-appealability civil-procedure district-court due-process duty-to-disclose evidentiary-hearing expert-testimony final-order good-faith-defense ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jurisdiction standing |
Did the Appellate Court lack jurisdiction over the Appeal due to the fact from review of the record that the District Court had not adjudicated all of… |
| 18-5736 |
Joshua Moses v. United States |
Third Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel multiplicitous-indictment prosecutorial-misconduct sixth-amendment trial-counsel |
Whether the Prosecutor's conduct in charging petitioner with a multiplicitous indictment to gain a tactical advantage so infected the trial with unfai… |
| 18-5739 |
Terril Kinchen v. United States |
Eleventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
bank-fraud civil-procedure constitutional-law criminal-law criminal-procedure due-process habeas-corpus ineffective-assistance sentencing standing statutory-interpretation supreme-court supreme-court-precedent |
Whether the federal bank fraud statute plainly covered the defendant's conduct |
| 18-5744 |
Arthur Lawton Clark v. Walter Berry, Warden, et al. |
Eleventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-violation due-process guilty-plea habeas habeas-corpus indictment indictment-insufficiency ineffective-assistance procedural-bar procedural-default |
Whether petitioner's indictment and guilty plea were constitutionally deficient, and whether the lower courts erred in denying his claims of ineffecti… |
| 18-5745 |
Miguel Anthony Molina v. United States |
Eleventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
841(a)(1) 922(g)(1) 924(e) criminal-procedure due-process ineffective-assistance jury-trial sentencing-enhancement sixth-amendment |
Did the judge violate the defendant's Sixth Amendment right to a jury trial? |
| 18-5756 |
Shondolyn Rochelle Blevins v. United States |
Fifth Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-instructions |
Did the District Court abuse its discretion when it denied the Petitioner's 28 U.S.C. 2255 motion without an evidentiary hearing? |
| 18-5676 |
Ernest Morris v. Pennsylvania |
Third Circuit |
2018-08-23 |
Denied |
IFP |
cell-phone-records cell-phone-tower-records constitutional-rights criminal-procedure double-jeopardy duress-defense fair-trial ineffective-assistance ineffective-assistance-of-counsel standing suppression trial-counsel unqualified-counsel |
Did counsel provide ineffective assistance of counsel? |
| 18-5705 |
George Easterly v. Florida |
Florida |
2018-08-23 |
Denied |
Response WaivedIFP |
criminal-procedure exculpatory-evidence impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining plea-voluntariness postconviction-relief probable-cause probable-cause-affidavit search-and-seizure search-warrant voluntariness-of-plea |
Whether the Florida Court of Appeals unreasonably applied this Court's precedent |
| 18-5700 |
Jerry Docaj v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2018-08-22 |
Denied |
IFP |
criminal-law criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance jury-instructions manslaughter miranda-rights passion-provocation sixth-amendment |
Whether the jury instruction on passion/provocation manslaughter misstated the law |
| 18-5709 |
Paul Allen Anderson v. United States |
Sixth Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
2255-proceeding appeal-waiver certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2255 title-28-usc-2255 |
Whether an appeal waiver can be enforced in a Title 28 U.S.C. § 2255 proceeding when petitioner has based his claims on ineffective assistance of coun… |
| 18-5647 |
Jeremy R. Mares v. Illinois |
Illinois |
2018-08-20 |
Denied |
Response WaivedIFP |
appeal appellate-review constitutional-representation conviction criminal-procedure direct-appeal due-process felony-conviction ineffective-assistance ineffective-assistance-of-counsel property-recovery right-to-counsel sentence summary-motion |
Whether counsel appointed in a direct appeal from a felony conviction provides constitutionally sufficient representation where he files an unopposed … |
| 18-5649 |
Charles Richardson v. Jason Kent, Warden |
Fifth Circuit |
2018-08-20 |
Denied |
IFP |
criminal-appeal criminal-procedure due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel jury-selection prosecutorial-misconduct recusal trial-counsel venue |
Whether the prosecutor's improper arguments resulted in an unfair trial and a guilty verdict of murder instead of a lesser charge thereto? |
| 18-5656 |
Venise Metayer v. Florida |
Florida |
2018-08-20 |
Denied |
IFP |
constitutional-rights counsel-misadvice counsel-role due-process illegal-sentence ineffective-assistance plea-agreement plea-bargaining sentencing trial-court-denial waiver waiver-of-rights |
Were the petitioner's constitutional rights violated when the trial court denied her motion for illegal sentence based on counsel's misadvice to accep… |
| 18-5657 |
Terence Passmore v. Dan O'Fallon, et al. |
Ninth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment sixth-amendment-right-to-fair-trial |
Whether the presence of a juror who has expressed a belief that the petitioner is guilty rendered his trial unfair and in violation of the Sixth Amend… |
| 18-5662 |
Myrna Diaz v. New Jersey |
New Jersey |
2018-08-20 |
Denied |
IFP |
constitutional-rights counsel-misconduct criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sentencing sixth-amendment unauthorized-practice-of-law |
Did the staff of the 'Project Freedom Fund' who provided faulty legal advice to petitioner, and thus induced her to withdraw a guilty plea for which s… |
| 18-5629 |
Jermaine Dewitt Chaney v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-17 |
Denied |
IFP |
actual-innocence certificate-of-appealability certificate-of-appealibility civil-procedure criminal-procedure due-process federal-courts federal-district-court fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2254 standard-of-review standards |
Did the Fifth Circuit Court of Appeals err by reaching the merits of the case and denying certificate of appealability? |
| 18-5635 |
Charles Alfred Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-17 |
Denied |
IFP |
certificate-of-appealability civil-procedure civil-rights due-process fraud-on-court fraud-on-the-court habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-notice judicial-review procedural-due-process state-court-proceedings strickland-standard |
Whether the district court sidestepped the COA determination under §2253(c) when it denied Jackson's appeal and his COA and justified its denial of hi… |
| 18-5639 |
Daniel Castleman, aka Chingachgook v. United States |
Eleventh Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
best-evidence-rule brady-violation confrontation-clause documentary-evidence due-process evidence evidence-certification federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Did the government commit prosecutorial misconduct and was counsel ineffective for failing to object or move to exclude GX-DC-2 |
| 18-5598 |
John J. Moore, Jr. v. Michael Stephan, Warden |
Fourth Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
constitutional-rights due-process evidentiary-rule evidentiary-rules fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel pcr-hearing post-conviction-relief presumption-of-correctness sixth-amendment |
Whether the State Court's determination of factual issues is presumed correct or should have been presumed correct, and whether Petitioner sustained h… |
| 18-5615 |
Joel Chavira-Nunez v. United States |
Tenth Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 appellate-review brady-v-maryland brady-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing sentencing-modification tenth-circuit-review |
Whether the District Court erred in ignoring undisputed facts establishing a Brady violation before allowing conflicted defense counsel to withdraw |
| 18-5622 |
Susan Elizabeth Walker v. United States |
Eighth Circuit |
2018-08-16 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-1291 28-usc-2253 breach-of-fiduciary-duty,sec-securities-exchange-c certificate-of-appealability certificate-of-appealability,circuit-split,jurisdi circuit-split de-novo-review denovo,circuit-split,uniformity,lawrence-v-dept-of fiduciary-duty hohn-v-united-states ineffective-assistance ineffective-assistance-of-counsel,circuit-split,un jurisdiction |
Should a Certificate of Appealability be granted to resolve a circuit split regarding Jurisdiction established by 28 U.S.C.§ 1291 and 28 U.S.C. § 2253… |
| 18-5592 |
Oscar Madrid v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-08-15 |
Denied |
IFP |
14th-amendment civil-procedure civil-rights conflict-of-interest criminal-procedure due-process exhaustion exhaustion-of-remedies fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress state-court sufficiency-of-evidence |
Whether the court erred in finding claims 1-3 were not exhausted to the state's highest court |
| 18-5524 |
Farrell Rochelle v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment due-process fair-trial fourteenth-amendment impartial-jury ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether the 5th Circuit Court of Appeals erred in denying C.O.A. to trial counsel being ineffective for failing to file a motion for continuance to pr… |
| 18-5558 |
Joseph William Atwell v. Tammy Ferguson, Superintendent, State Correctional Institution at Graterford, et al. |
Third Circuit |
2018-08-13 |
Denied |
IFP |
constitutional-rights due-process fair-trial fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudicial-evidence sixth-amendment |
Whether the state deprived petitioner of his guaranteed right to a fair trial |
| 18-5563 |
Peter Cain Bruton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-13 |
Denied |
IFP |
closing-argument extraneous-offenses ineffective-assistance ineffective-assistance-of-counsel mistrial motion-in-limine prosecutorial-misconduct trial-counsel violation violation-of-court-order |
Is an attorney ineffective when he fails to support a motion for mistrial with a violation of Defense's Motion in Limine? |
| 18-5569 |
Sean Weisner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-13 |
Denied |
Relisted (2)IFP |
28-usc-2244 circuit-split civil-rights constitutional-rights due-process federal-habeas federal-statute habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mandate-rule mental-illness standing time-bar |
Whether the classification made by the Fifth Circuit Court in Colley v. Sattizahn, 130 F.3d 496 (5th Cir. 1997) constitutes a violation of clearly est… |
| 18-5578 |
Antonio U. Akel v. United States |
Eleventh Circuit |
2018-08-13 |
Denied |
Response WaivedRelisted (2)IFP |
appeal appellate-procedure civil-rights constitutional-violation criminal-procedure direct-appeal due-process exceptional-injustice federal-rules-of-appellate-procedure ineffective-assistance judicial-error right-to-counsel sixth-amendment standing supervisory-authority |
Whether the undisputed and clear violation of a defendant's Sixth Amendment right to the assistance of counsel on direct appeal results in an exceptio… |
| 18-188 |
Ivy T. Tucker v. United States |
Seventh Circuit |
2018-08-10 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split constitutional-deficiency constitutional-law criminal-procedure ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum offense-of-conviction out-of-circuit-precedent procedural-default sentencing sentencing-guidelines trial-counsel |
Whether trial counsel's failure to make an argument that courts of appeals outside the circuit have accepted amounts to constitutionally deficient ass… |
| 18-5539 |
Derek W. Pelto v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
burden-of-proof change-of-law insanity-defense right-to-testify burden-of-proof certificate-of-appealability criminal-procedure ineffective-assistance insanity-defense right-to-counsel right-to-testify sixth-amendment |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r… |
| 18-5515 |
Louie Anthony Salemi v. United States |
Eleventh Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
28-usc-2255 abuse-of-discretion boiler-plate-language certificate-of-appealability eleventh-circuit evidentiary-hearing habeas-corpus-review-2255-claims ineffective-assistance ineffective-assistance-of-counsel machibroda-v-united-states off-the-record-advice reasoned-opinion section-2255 summary-order |
Did the Eleventh Circuit Court of Appeals abuse its discretion by not providing a reasoned opinion to support its order? |
| 18-5531 |
Kelly E. Culver v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2018-08-09 |
Denied |
IFP |
appellate-counsel-ineffectiveness cause-and-prejudice due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment strickland-standard |
Whether trial counsel's failure to offer a contemporaneous objection during trial compromised the petitioner's Sixth Amendment right to competent coun… |
| 18-5505 |
Farris Genner Morris v. Tony Mays, Warden |
Sixth Circuit |
2018-08-08 |
Denied |
IFP |
procedurally defaulted ineffective assistance of capital-case equitable-exception evidence federal-habeas federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan post-conviction-relief procedural-default sixth-amendment |
When Martinez v. Ryan applies to a petitioner's initial federal habeas corpus proceeding, should the petitioner be entitled to application of Martinez… |
| 18-5517 |
Mike Peter Gallardo v. Arizona |
Arizona |
2018-08-08 |
Denied |
IFP |
capital-jury capital-punishment citizen-jurors due-process eighth-amendment fair-cross-section fourteenth-amendment ineffective-assistance jury-composition sixth-amendment |
Whether seating an alien capital juror violated the petitioner's Sixth, Eighth, and Fourteenth Amendment rights |
| 18-5479 |
Tadareous Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-07 |
Denied |
IFP |
attorney-performance due-process evidentiary-hearing evidentiary-standard federal-court-review findings-of-fact habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-deference legal-findings procedural-fairness state-court-findings state-court-proceedings trial-court-duty |
Whether a state court's failure to make findings on controverted and unresolved issues requires a federal court to find counsel ineffective without fi… |
| 18-5446 |
Allan Latoi Story v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-06 |
Denied |
IFP |
brady-violation civil-rights due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance sixth-amendment speedy-trial |
Whether the state violated the petitioner's constitutional rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments |
| 18-5453 |
Mark Elliott v. Carmen Denise Palmer, Warden |
Sixth Circuit |
2018-08-06 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland brady-violation confrontation-clause due-process due-process-brady-v-maryland favorable-to-accused hearsay-testimony ineffective-assistance ineffective-assistance-of-counsel material-evidence prosecutorial-misconduct remand-for-coa right-to-confrontation sixth-amendment |
whether-under-brady-and-its-progeny-the-prosecution's-intentional-nondisclosure-of-petitioner's-requested-911-audio-recordings-requires-his-conviction… |
| 18-154 |
Roderic Rooks v. Shawn Brewer, Warden |
Sixth Circuit |
2018-08-03 |
Denied |
Response Waived |
certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment franks-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-available-evidence pretrial-motion prosecutorial-misconduct |
Whether the district court erred in denying a certificate of appealability on petitioner's constitutional challenges to his state court conviction |
| 18-5459 |
Zachary David Warnell v. Texas |
Texas |
2018-08-03 |
Denied |
IFP |
appeal appeals appellate-procedure constitutional-rights criminal-procedure douglas-v-california due-process effective-assistance-of-counsel equal-protection evitts-v-lucey ineffective-assistance pro-se-representation right-to-counsel |
Can a state deny a criminal defendant the constitutional right to appeal with the effective assistance of counsel? |
| 18-5462 |
Alfonso V. Senior, Jr. v. Ron Haynes, Superintendent, Stafford Creek Corrections Center |
Ninth Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
discretionary-review exhaustion-of-state-remedies habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan post-conviction-proceedings post-conviction-relief pro-se-petition right-to-counsel state-court-remedies |
Whether a habeas corpus petitioner who was unrepresented in his state post-conviction proceedings, in a state which refuses to appoint counsel for suc… |
| 18-5396 |
Calvin McMillan v. Alabama |
Alabama |
2018-07-30 |
Denied |
IFP |
appearance-of-bias campaign-contributions caperton-v-massey capital-punishment constitutional-standard due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal post-conviction |
Can a state court require a petitioner to establish actual, subjective bias to obtain judicial recusal even though this Court has held that the consti… |
| 18-5361 |
Hazhar A. Sayed v. Travis Trani, Warden, et al. |
Tenth Circuit |
2018-07-27 |
Denied |
Response WaivedIFP |
collateral-estoppel constitutional-interpretation criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pro-se-litigation pro-se-prisoner-litigant |
Whether the Fifth Amendment's Double Jeopardy Clause prohibits retrying a defendant on a higher level charge after being convicted of a lesser include… |
| 18-5379 |
Marilyn Kaye Freeman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation, et al. |
Ninth Circuit |
2018-07-27 |
Denied |
IFP |
appellate-counsel california-supreme-court due-process fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-disqualification precedent state-court-proceedings supreme-court-review trial-counsel |
Whether the reinstatement of a previously disqualified judge deprived the appellant of due process and a fair trial |
| 18-5364 |
Harry Austin v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-07-26 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-custody writ-of-certiorari |
Whether certiorari review should be granted where the Eleventh Circuit affirmed the denial of Austin's petition under 28 U.S.C. §2254 for writ of habe… |
| 18-5366 |
Ronald David Martin v. Tony Trierweiler, Warden |
Sixth Circuit |
2018-07-26 |
Denied |
Relisted (2)IFP |
appeal confrontation-clause criminal-procedure evidence-admissibility ineffective-assistance ineffective-assistance-of-counsel motion-to-introduce-evidence rape-shield-statute right-to-present-defense trial-court-discretion |
Whether petitioner was deprived of his right to confront witnesses, his right to present a defense, and his right to the effective assistance of couns… |
| 18-5338 |
DeLawrence A. King v. Ronald Erdos, Warden |
Sixth Circuit |
2018-07-25 |
Denied |
IFP |
certificate-of-appealability constitutional-rights due-process ineffective-assistance mens-rea procedural-default prosecutorial-misconduct self-defense sufficiency-of-evidence |
Did the Sixth Circuit Court error when it failed to grant Petitioner a Certificate of Appealability after previously ruling in his favor, by stating t… |
| 18-5348 |
Gary Clack v. Kentucky |
Kentucky |
2018-07-25 |
Denied |
Response WaivedIFP |
counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel kentucky-court-of-appeals post-conviction-relief prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington witness-testimony |
Whether the Kentucky Court of Appeals properly applied the Strickland prejudice prong when it held that trial counsel provided ineffective assistance … |
| 18-5351 |
Payman Borhan v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
certificate-of-appealability choice-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance mccoy-v-louisiana right-to-choice-of-counsel right-to-counsel sixth-amendment |
Whether the trial court's refusal to allow the defendant to retain his own counsel of choice deprived him of his Sixth Amendment right to choose the f… |
| 18-5333 |
Scott Leslie Carmell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-24 |
Denied |
IFP |
appellate-procedure civil-procedure civil-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance jurisdiction sixth-amendment standing |
Whether the petitioner's Sixth Amendment right to effective assistance of appellate counsel was violated when the appellate court sua sponte dismissed… |
| 18-5318 |
Makandi L. Terry v. Donnie Stonebreaker, Warden |
Fourth Circuit |
2018-07-23 |
Denied |
IFP |
6th-amendment certificate-of-appealability discovery due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-plea jury-trial |
Whether Appellant Terry Should Have Been Denied a Certificate of Appealability as Evidence Exists in the Record That His Trial Attorney Was Clearly In… |
| 18-5244 |
Josef Michael Jensen v. Raymond Madden, Warden |
Ninth Circuit |
2018-07-16 |
Denied |
IFP |
civil-rights collateral-review constitutional-right counsel-assistance due-process habeas-corpus indigent-rights ineffective-assistance ineffective-assistance-of-counsel pro-se-litigant right-to-counsel standing state-post-conviction state-procedural-framework |
Does an indigent pro se prisoner have a constitutional right to counsel and necessary financial assistance in an initial-review-collateral-proceeding? |
| 18-5216 |
Johnny Allen Martin v. Gregory McLaughlin, Warden |
Eleventh Circuit |
2018-07-12 |
Denied |
Response WaivedIFP |
case-law constitutional-violation counsel-right criminal-appeal direct-appeal due-process effective-assistance-of-counsel equal-protection ineffective-assistance statutory-provisions threshold-determination |
Does the petitioner have a nonwaivable constitutional right to (a) effective/conflict-free assistance of counsel on direct appeal from his or her conv… |
| 18-66 |
Regis Blake Ross v. Arizona |
Arizona |
2018-07-12 |
Denied |
|
constitutional-review criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing federal-review-standards ineffective-assistance plea-bargaining plea-voluntariness post-conviction-relief standard-of-review supreme-court-precedent |
Did the Arizona courts err in failing to apply the proper federal standard of review for claims of ineffective assistance of counsel, involuntary plea… |
| 18-5201 |
Henry Bryan Lowe v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-07-11 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression expert-witness fifth-amendment ineffective-assistance sixth-amendment |
Ineffective-assistance-of-counsel |
| 18-5177 |
Herman Majors v. United States |
Sixth Circuit |
2018-07-10 |
Denied |
Response WaivedIFP |
concurrent-sentence criminal-law criminal-procedure drug-conspiracy drug-quantity due-process foreseeable-drug-quantity ineffective-assistance sentencing sentencing-prejudice sixth-amendment |
Whether a defendant in a drug conspiracy case suffers prejudice when his attorney fails to argue at sentencing that foreseeable drug quantity is limit… |
| 18-5094 |
Jerry Wayne Sherry v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-06 |
Denied |
Relisted (2)IFP |
criminal-procedure direct-appeal due-process fourth-amendment ineffective-assistance motion-to-suppress preservation-of-error retroactive-precedent retroactivity |
Whether defense counsel has a duty to object to inadmissible evidence, and, or file a motion to suppress evidence under the Fourth Amendment to preser… |
| 18-5162 |
Ellord Wells v. Mary Potter, Warden |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
due-process guilty-plea mandatory-sentence sixth-amendment trial-court appeal constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mandatory-sentence sentencing sixth-amendment |
Whether appellate counsel rendered ineffective assistance by not arguing that the trial court failed to inform the appellant of the mandatory nature o… |
| 18-5113 |
Solomon V. Hester v. Kevin Sprayberry |
Eleventh Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
28-usc-2254 brady-claim brady-violation direct-appeal due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-misconduct witness-intimidation witness-tampering |
Did the petitioner receive constitutionally ineffective assistance of counsel? |
| 18-5117 |
Glendrict Frazier v. United States |
Fourth Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
anders-motion anders-v-california appellate-procedure civil-rights constitutional-rule criminal-procedure direct-appeal direct-review due-process habeas-corpus ineffective-assistance retroactivity |
Did the Appeals Court Follow the Ruling in Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708 (1987) (holding that on direct review a new constitu… |
| 18-5141 |
Taylor Don Frederiksen v. Texas |
Texas |
2018-07-05 |
Denied |
IFP |
appeal appellate-procedure collateral-consequences court-standards criminal-procedure due-process ineffective-assistance judicial-review legal-argument prejudice procedural-rules right-to-appeal right-to-counsel state-court-procedures state-court-rules |
Whether Mr. Frederiksen should continue to suffer prejudice and collateral legal consequences from his uncounseled conviction when the lower state cou… |
| 18-5103 |
Jeffery Day Rieber v. Alabama |
Alabama |
2018-07-03 |
Denied |
IFP |
appellate-counsel capital-sentencing eighth-amendment equal-protection ineffective-assistance judicial-override lesser-included-offense mitigating-evidence right-to-counsel sixth-amendment strickland-v-washington |
Did Mr. Rieber's trial counsel provide constitutionally ineffective assistance? |
| 18-5110 |
Abron Spraggins v. Rusty Washburn, Warden |
Sixth Circuit |
2018-07-03 |
Denied |
Response WaivedIFP |
appellate-review cause-and-prejudice civil-rights constitutional-claims criminal-procedure due-process federal-claim federal-jurisdiction habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prior-decisions procedural-default state-appellate-court |
Is the decision of the court of appeals regarding the procedural default of petitioner's ineffective assistance of counsel claims in conflict with or … |
| 18-5044 |
Laurenano Angulo Riascos v. United States |
Eleventh Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
appeal appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance section-2255 sixth-amendment |
Whether the Court of Appeals for the Eleventh Circuit erred in denying petitioner's request for a certificate of appealability to review the district … |
| 18-5068 |
Taliyah Taylor v. Amy Lamanna, Acting Superintendent, Bedford Hills Correctional Facility |
Second Circuit |
2018-07-02 |
Denied |
IFP |
28-usc-2254 compulsory-process criminal-defense criminal-procedure-ineffective-assistance-of-couns depraved-indifference due-process habeas-corpus ineffective-assistance ineffective-assistance-counsel mental-disease-defect mental-disease-or-defect mental-health post-conviction-relief strickland-standard strickland-v-washington wiggins-v-smith |
Does defense counsel's failure to investigate and present available affirmative evidence of mental disease or defect constitute ineffective assistance… |
| 18-5006 |
Steven William Deuman, Jr. v. United States |
Sixth Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
dna-evidence due-process indian-major-crimes-act ineffective-assistance ineffective-assistance-of-counsel sixth-amendment sixth-circuit-review strickland strickland-v-washington tribal-enrollment |
Was counsel's decision to forego utilizing a DNA expert defense witness and agreeing to the government's stipulation of Tribal Enrollment a reasonable… |
| 18-5048 |
John W. Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility |
Seventh Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
aggravated-battery attempted-murder criminal-procedure due-process ineffective-assistance jury-instructions lesser-included-offense lesser-included-offenses sixth-amendment strickland-v-washington |
Whether Taylor was denied his right to effective assistance of trial counsel guaranteed by the 6th Amendment |
| 18-5057 |
James T. Bagby v. William Hyatte, Warden |
Seventh Circuit |
2018-06-29 |
Denied |
Response WaivedRelisted (2)IFP |
7th-circuit-court 7th-circuit-court-of-appeals certificate-of-appealability civil-rights constitutional-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief prosecutorial-misconduct timeliness |
Did the United States 7th Circuit Court of Appeals err in denying a certificate of appealability without specifically addressing any of Bagby's claims… |
| 18-5023 |
Glenn Edwards v. United States |
Third Circuit |
2018-06-28 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process fourth-amendment free-speech ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause search-warrant staleness standing takings |
Whether the district court abused its discretion in denying petitioner's motion to suppress evidence used to obtain a search warrant, violating the pe… |
| 25A240 |
Deshawn Demarcus House v. Jeff Long, Warden, et al. |
Tenth Circuit |
|
Presumed Complete |
|
due-process faretta-hearing ineffective-assistance pro-se self-representation sixth-amendment |
Whether the Sixth Amendment right to self-representation was violated when the trial court denied the defendant's request to proceed pro se without a … |
| 25A216 |
Curtis Windom v. Florida, et al. |
Florida |
|
Denied |
|
capital-counsel death-penalty evolving-standards ineffective-assistance right-to-counsel sixth-amendment |
Whether the Sixth Amendment requires retroactive application of evolving standards of counsel qualifications in capital cases to determine the effecti… |
| 25A568 |
Leroy Thomas Joyner, Jr. v. United States |
Eleventh Circuit |
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Application |
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ineffective-assistance right-to-counsel sentencing sixth-amendment transcript-access trial-counsel |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to access or review criti… |
| 25A378 |
Charles Ray Crawford v. Mississippi |
Mississippi |
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Denied |
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capital-punishment defense-strategy ineffective-assistance retroactivity right-to-counsel sixth-amendment |
Whether McCoy v. Louisiana established a new constitutional rule or merely applied existing Sixth Amendment principles for determining when counsel's … |
| 24A308 |
Garcia Glenn White v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
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Denied |
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atkins-claim eighth-amendment equitable-tolling ineffective-assistance intellectual-disability successive-habeas |
Whether the Eighth Amendment prohibits the execution of an intellectually disabled defendant when his court-appointed counsel failed to timely investi… |
| 24A391 |
Christopher Collings v. David Vandergriff, Warden |
Missouri |
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Denied |
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capital-punishment eighth-amendment habeas-corpus ineffective-assistance intellectual-disability procedural-default |
Whether the Eighth Amendment prohibits the execution of a capital defendant with credible claims of intellectual disability that were not fully adjudi… |
| 24A723 |
Marion Bowman, Jr. v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. |
South Carolina |
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Denied |
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death-penalty ineffective-assistance racial-bias sixth-amendment strickland-standard trial-counsel |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel introduces racially prejudicial… |