| 25-5892 |
Daniel Jacob Werk v. United States |
Ninth Circuit |
2025-10-15 |
Denied |
Response WaivedIFP |
criminal-procedure district-court federal-rule judgment-of-acquittal ninth-circuit rule-29-motion |
Whether the Ninth Circuit erred in upholding the district court's denial of Petitioner's Federal Rule of Criminal Procedure 29 motion for judgment of … |
| 24-7060 |
Mauricio Gonzalez v. United States |
Eleventh Circuit |
2025-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment herring-standard judgment-of-acquittal rule-29-motion |
1. Whether a district court's denial of a renewed Rule 29 motion for judgment of acquittal can be equated with, or substituted for, a verdict of guilt… |
| 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?
Did the Court of Appeals abuse its discretion in affirming the District Courts denial of the moti… |
| 23-7622 |
Angel Luis Concepcion-Rosario v. United States |
Third Circuit |
2024-06-03 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court-error due-process exclusionary-rule impeachment judgment-of-acquittal miranda-rights motion-for-mistrial physical-evidence sentencing suppression-of-evidence |
1. Did the district court error in not suppressing the physical evidence and the statement?
2. Did the district court error in not granting the petit… |
| 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 |
1. Did the district court error in not permitting Mr. Christy to represent himself?
Suggested Answer: Yes.
2. Did the district court error in not gra… |
| 23-6490 |
Johnny Patterson v. Florida |
Florida |
2024-01-18 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process florida-constitution judgment-of-acquittal procedural-due-process |
I. Did the court violate Petitioner Johnny Patterson procedural due process rights under the 5th and 14th Amendments under the U.S. Constitution and A… |
| 23-5966 |
Jonathan Ericksen v. United States |
Seventh Circuit |
2023-11-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jackson-v-virginia judgment-of-acquittal rule-29 standard-of-review |
At the close of the government's evidence at his jury trial for Attempted Enticement of a Minor, in violation of 18 U.S.C. § 2422(b), Petitioner Erick… |
| 23-5063 |
Bradley M. Cox v. United States |
Seventh Circuit |
2023-07-10 |
Denied |
Response WaivedIFP |
compulsory-process constitutional-rights criminal-procedure due-process federal-criminal-procedure interstate-commerce interstate-nexus judgment-of-acquittal motion-for-judgment-of-acquittal sufficiency-of-evidence threat-of-damage |
Regarding generally motions for judgment of acquittal and their consideration and review:
1. Has the "light most favorable to the Government/prosecut… |
| 22-5589 |
Carrie Helen Fine v. Florida |
Florida |
2022-09-15 |
Denied |
Response WaivedIFP |
amendment-challenge appeals constitutional-vagueness criminal-law criminal-procedure criminal-punishment drug-statutes due-process evidence judgment-of-acquittal state-law |
I. Whether the affirmation of the Appellant Court (that it was proper for trial court to deny Fine's
Motions for judgment of Acquittal) was correct.
… |
| 22-205 |
Demetrios Stavrakis, aka Dimitrios Stavrakis, aka Jimmy v. United States |
Fourth Circuit |
2022-09-07 |
Denied |
Response Waived |
circuit-split circumstantial-evidence criminal-procedure evidence-sufficiency federal-court judgment-of-acquittal motion-for-judgment-of-acquittal rule-of-equipoise sufficiency-of-evidence |
Whether a federal court, assessing the sufficiency of the evidence in a criminal case based wholly on circumstantial evidence, must apply the "rule of… |
| 21-7997 |
Benjamin Green Robinson v. United States |
Eleventh Circuit |
2022-05-27 |
Denied |
Response WaivedIFP |
abuse-of-discretion cocaine-trafficking criminal-procedure evidence judgment-of-acquittal judicial-discretion motion-in-limine motion-to-suppress plain-error prior-conviction |
(1) Whether the lower courts abused their discretion in granting the Government's motion in limine to admit into evidence, Petitioner's prior State co… |
| 21-7705 |
Nolan Woods v. Florida Department of Corrections |
Eleventh Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
acquittal appellate-review constitutional-law criminal-procedure double-jeopardy due-process judgment-of-acquittal judicial-remedy re-prosecution |
WILL THIS COURT CREATE A BRIGHT-LINE RULE DELINEATING THAT THE ONLY CURE FOR A DOUBLE JEOPARDY VIOLATION CAUSED BY DUAL CONVICTIONS OF THE SAME CRIME … |
| 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 |
I.
In compliance with Holloway V. United States, 526 U.S. 1 (1991),
is an attorney ineffective for failing to argue before the
jury the Government f… |
| 21-6952 |
Sunrise Lee v. United States |
First Circuit |
2022-01-25 |
Denied |
Relisted (2)IFP |
circuit-split conspiracy controlled-substances criminal-procedure due-process evidence-standard federal-court judgment-of-acquittal legal-sufficiency physician prescription-drugs |
1. Whether a non-physician may be convicted of conspiring with a physician to prescribe controlled substances outside of the course of professional pr… |
| 21-994 |
John Kapoor v. United States |
First Circuit |
2022-01-13 |
Denied |
Relisted (2) |
conspiracy controlled-substances criminal-law due-process evidence-standard judgment-of-acquittal medical-prescription physician-liability professional-practice sufficiency-of-evidence |
1. Whether a non-physician may be convicted of conspiring with a physician to prescribe controlled substances outside the course of professional pract… |
| 21-6845 |
In Re Willie S. Smith |
|
2022-01-13 |
Denied |
Relisted (2)IFP |
acquittal appeal appellate-review constitutional-injury criminal-procedure due-process judgment-of-acquittal judicial-discretion legal-remedy usurpation-of-power |
(1) Is it clear and indisputable that, respondent Judges have a duty to enter a judgement of acquittal pursuant to "Ball" and Crim. Rule 29?
(2) Is i… |
| 21-5804 |
Kenneth Randale Door v. United States |
Ninth Circuit |
2021-09-28 |
Denied |
IFP |
circuit-split criminal-law criminal-procedure evidence evidence-sufficiency judgment-of-acquittal jurisdiction plain-error rehaif-standard rehaif-v-united-states |
Is review of a claim that the evidence was insufficient to establish the
knowledge of status required by Rehaif v. United States, 139 S. Ct. 2191
(201… |
| 21-5720 |
Mark Eldon Wilson v. United States |
Ninth Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
arrest-warrant criminal-complaint evidence federal-rule-of-criminal-procedure-29 judgment-of-acquittal rule-29 sixth-amendment speedy-trial speedy-trial-rights united-states-v-marion |
1. Whether a criminal complaint, at least when paired with an arrest warrant, triggers a defendant's Sixth Amendment speedy trial rights, which attach… |
| 21-176 |
David J. Tatara v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-08-06 |
Denied |
Response Waived |
criminal-procedure double-jeopardy due-process felony-murder habeas-corpus judgment-of-acquittal mens-rea superseding-information |
1. Does a conviction of a crime submitted to the jury through a
superseding information filed after jeopardy attached and after the court granted
judg… |
| 20-8389 |
Asa Lea, aka Asa Lorenzo-Lamiyah Lea v. United States |
District of Columbia |
2021-06-23 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court-error exclusionary-rule illegal-evidence judgment-of-acquittal motion-for-new-trial motion-to-suppress search-and-seizure tangible-evidence |
1. Whether the District Court erred by denying Mr. Lea's Motion to Suppress Illegal Tangible Evidence?
2. Whether the District Court erred by denying… |
| 20-8004 |
L. M. C. v. West Virginia |
West Virginia |
2021-05-12 |
Denied |
Response WaivedIFP |
brady-violation cause-of-death child-endangerment due-process expert-testimony failure-to-provide-necessities judgment-of-acquittal motion-for-judgment-of-acquittal murder murder-of-a-child w-va-code-61-8d-2a |
1. Is it a violation of due process for a trial court to deny a motion for judgment of
acquittal when there is no proof of cause of death in a prosec… |
| 20-924 |
David G. Bowser v. United States |
District of Columbia |
2021-01-11 |
Denied |
Response Waived |
18-usc-1001 criminal-concealment dismissal-with-prejudice false-statement federal-rules-criminal-procedure federal-rules-of-criminal-procedure judgment-of-acquittal legal-duty material-fact motion-for-judgment-of-acquittal |
Whether the legal duty to disclose, required for a criminal concealment of a material fact, 18 U.S.C. § 1001(a)(1), can be created by coupling a volun… |
| 20-6526 |
Kendesia Juinize May v. United States |
Fourth Circuit |
2020-12-07 |
Denied |
Response WaivedIFP |
buy-sell-defense buy-sell-transactions conspiracy conspiracy-law criminal-procedure judgment-of-acquittal jury-instruction jury-instructions plain-error rule-29 |
1. Whether the trial court committed plain error in refusing to grant a "buy-sell" defense jury instruction when the government's evidence of a conspi… |
| 20-6342 |
Pedro Gutierrez v. United States |
Fourth Circuit |
2020-11-16 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure due-process evidence fifth-amendment general-verdict judgment-of-acquittal rico rico-case special-verdict |
I. Whether a RICO "Gang" Case Certified as Complex Should Require the Use of a Special Verdict Form Rather Than a General Verdict Form.
II. Whether G… |
| 20-5692 |
Johnathon Nico Wise v. United States |
Fifth Circuit |
2020-09-14 |
Denied |
Response WaivedIFP |
criminal-procedure error-preservation federal-rules-of-criminal-procedure fifth-circuit judgment-of-acquittal legal-motion preservation-of-error rule-29 standard-of-review sufficiency-of-evidence |
Whether specific grounds must be identified in a Rule 29 motion for judgment of acquittal to preserve error? |
| 19-8625 |
Dedric Davis v. Florida |
Florida |
2020-06-05 |
Denied |
IFP |
appeal criminal-procedure double-jeopardy due-process judgment-of-acquittal legal-standard motion petitioner standard-of-review sufficiency-of-evidence trial-court |
WHETHER THE TRIAL COURT ERRED IN NOT GRANTING PETITIONER'S MOTION FOR JUDGMENT OF ACQUITTAL |
| 19-7986 |
Wesley Scott Hamm v. United States |
Sixth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
bodily-injury conspiracy cooperation criminal-law-bodily-injury criminal-law-conspiracy criminal-law-cooperation criminal-law-sentencing criminal-law-withdrawal criminal-procedure criminal-procedure-acquittal drug-distribution due-process evidence judgment-of-acquittal law-enforcement-cooperation sentencing withdrawal |
Question I . Shouldn't a judgment of acquittal have been granted where the government failed to
prove that Hamm, arrested on August 25, 2016, in jail… |
| 19-7945 |
Zacharias Abab Aguedo v. United States |
Eleventh Circuit |
2020-03-11 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judgment-of-acquittal sentencing sentencing-errors sufficiency-of-evidence |
I. CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED AGUEDO'S CONVICTIONS WHERE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT AGUEDO'… |
| 19-7620 |
Bradley Campbell v. United States |
Fourth Circuit |
2020-02-10 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process evidence evidentiary-standard federal-jurisdiction interstate-commerce judgment-of-acquittal kidnapping motion-for-acquittal motion-to-dismiss |
Where there was no evidence that Petitioner used an instrumentality of interstate commerce in furtherance of a kidnapping, whether Petitioner's motion… |
| 19-7080 |
Stanley Jaboin v. Florida |
Florida |
2019-12-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process due-process,criminal-procedure,federal-law,supreme failure-to-render-aid federal-law florida-statute-316.193 judgment-of-acquittal motion-for-acquittal standard-of-proof statutory-interpretation supreme-court-precedent |
I. Petitioner ask did the First District Courts of Appeals apply federal law issued by the United States Supreme Court in a way that frustrates and un… |
| 19-6834 |
Lee Hope v. United States |
Sixth Circuit |
2019-12-04 |
Denied |
Response WaivedIFP |
18-usc-922g3 constitutional-vagueness controlled-substance criminal-procedure criminal-procedure-due-process-rehaif-v-united-sta due-process federal-statute judgment-of-acquittal rehaif-v-united-states unlawful-user vagueness |
1.) Whether the Circuit Court of Appeals erred in holding that defendant's
motion for judgment of acquittal was properly denied by the District Court
… |
| 19-6509 |
William Gaudet v. United States |
First Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
18-usc-2423(a) appeals-court appellate-review conviction criminal-sentencing district-court evidence-exclusion evidence-rule-403 federal-rules-of-evidence federal-sentencing-guidelines judgment-of-acquittal motion-in-limine prior-testimony sentencing standard-of-review whether-the-appeals-court-erred-in-upholding-the-d |
I. WHETHER THE APPEALS COURT ERRED IN UPHOLDING THE DISTRICT COURT'S DENIAL OF THE PETITIONTER'S MOTION IN LIMINE SEEKING TO EXCLUDE THE PRIOR TESTIMO… |
| 19-5853 |
Jambulat Tkhilaishvili v. United States |
First Circuit |
2019-09-06 |
Denied |
Response WaivedIFP |
criminal-intent criminal-procedure due-process extortion judgment-of-acquittal physical-possession property-transfer scheidler sekhar statutory-interpretation supreme-court-precedent takings |
I. This Court has held in Sekhar and Scheidler that, to be guilty of extortion, the defendant must take physical possession of the victim's property. … |
| 19-37 |
Matthew Freeman v. Texas |
Texas |
2019-07-03 |
Denied |
|
acquittal constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment judgment-of-acquittal successive-prosecution successive-prosecutions |
Whether placing the Petitioner in a position to be twice tried for the same offense after a judgment of acquittal violates Petitioner's constitutional… |
| 18-9465 |
Beth Galloway v. United States |
Eighth Circuit |
2019-05-29 |
Denied |
Response WaivedIFP |
aiding-and-abetting criminal-intent criminal-law eighth-circuit evidence evidence-sufficiency financial-transaction financial-transactions insurance-fraud judgment-of-acquittal motion-for-acquittal motion-for-new-trial new-trial |
Whether a judgment of acquittal should have been granted |
| 18-1049 |
Peter M. Hoffman, et al. v. United States |
Fifth Circuit |
2019-02-11 |
Denied |
Amici (3) |
criminal-law-fraud criminal-procedure criminal-procedure-acquittal criminal-procedure-burden-of-proof criminal-procedure-sufficiency-of-evidence due-process evidence evidentiary-standard jackson-v-virginia judgment-of-acquittal mail-fraud prosecutorial-burden regulatory-ambiguity standard-of-review sufficiency-of-evidence wire-fraud |
Whether a federal court must grant a motion for judgment of acquittal when, construing the evidence in the light most favorable to the government, evi… |
| 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 |
| 18-6180 |
Brian Deronceler v. United States |
Eleventh Circuit |
2018-10-02 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-conviction criminal-procedure district-court due-process eleventh-circuit insufficient-evidence judgment-of-acquittal motion-for-acquittal sentencing sentencing-errors sufficiency-of-evidence |
Whether the evidence was insufficient to support the defendant's conviction and the motion for judgment of acquittal should have been granted |
| 18-5855 |
Derrick Knight v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-08-31 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure brady-violation constitutional-rights effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel judgment-of-acquittal motion-for-acquittal motion-for-new-trial withholding-evidence |
Was Petitioner denied his constitutional right to effective assistance of appellate counsel? |
| 18-5324 |
Anastasio N. Laoutaris v. United States |
Fifth Circuit |
2018-07-24 |
Denied |
Response WaivedIFP |
18-usc-1030 criminal-procedure criminal-procedure-due-process due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel jackson-v-virginia judgment-of-acquittal malicious-code perjury perjury-standard reasonable-doubt sentencing strickland-standard sufficiency-of-evidence |
Whether a rational jury could have found each essential element of the offense of transmitting a malicious code, in violation of 18 U.S.C. § 1030(a)(5… |