| 23-5456 |
John E. Gilcrease v. Louisiana |
Louisiana |
2023-08-28 |
Denied |
Response WaivedIFP |
appeal appellate-review consecutive-sentence constitutional-rights due-process judicial-vindictiveness north-carolina-v-pearce plea-bargaining remand sentencing-modification |
Were John Gilcrease's due process rights violated when, after his plea and original sentence
for obstruction of justice that exceeded the maximum stat… |
| 21-1185 |
Rufino Valdez-Lopez v. United States |
Ninth Circuit |
2022-02-28 |
Denied |
|
circuit-split collateral-attack criminal-procedure due-process fifth-amendment judicial-vindictiveness sentencing sentencing-procedure sixth-amendment |
This case turns on whether the Pearce presumption of judicial vindictiveness applies—for the Government to then rebut with new evidence—when a second … |
| 20-7798 |
Christopher Williams v. United States |
Eighth Circuit |
2021-04-20 |
GVR |
Relisted (4)IFP |
armed-career-criminal-act controlled-substance drug-transactions judicial-vindictiveness law-enforcement-officer occasions-different prosecutorial-vindictiveness sentencing sentencing-recommendation undercover-law-enforcement |
I. Are sequential drug transactions over a short time frame "committed on occasions different from one another" for purposes of the Armed Career Crimi… |
| 19-5987 |
Ronald Richard Brown v. Washington |
Washington |
2019-09-18 |
Denied |
Response WaivedIFP |
constitutional-interpretation double-jeopardy due-process federal-sentencing-guidelines judicial-vindictiveness north-carolina-v-pearce presumption-of-vindictiveness reversed-convictions sentencing sentencing-guidelines sentencing-reform-act state-courts supreme-court washington-state |
1. Can the Washington State Courts refuse to adhere to this Courts holding in North Carolina v. Pearce?
2. Since Washington State's Sentencing Reform… |
| 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 |
Did Texas v. McCullough, 475 U.S. 134 (1986) create a brightline rule that anytime a jury returns a sentencing verdict at the original trial it become… |
| 18-8778 |
Fred Huffman v. Dana Metzger, Warden, et al. |
Third Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
americans-with-disabilities-act constitutional-amendment criminal-procedure double-jeopardy due-process equal-justice ex-post-facto-law judicial-vindictiveness redress-of-grievance retroactive-sentencing time-bar |
Absent a constitutional amendment promulgated by the U.S. Congress, under what circumstances {if any} does a legislative body have a lawful right to a… |
| 18-6674 |
Octavious Lamar Rhymes v. Texas |
Texas |
2018-11-09 |
Denied |
IFP |
criminal-procedure criminal-prosecution double-jeopardy due-process judicial-vindictiveness jurisdiction prosecutorial-vindictiveness same-criminal-episode venue-transfer |
Where Rhymes' due process rights violated by prosecutorial and judicial vindictiveness. When after being prosecuted in one county, and receiving a sho… |