jury

112 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5113 Steven Alexander Mantecon v. Florida Florida 2024-07-18 Denied IFP constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury jury-trial sixth-amendment trial-procedure Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense
23-7581 Glenn D. Odom, II v. Scott Jordan, Warden Sixth Circuit 2024-05-29 Denied Response WaivedIFP conflict-counsel conflict-of-counsel constitutional-rights criminal-procedure criminal-rights due-process jury jury-questioning pro-se-defense waiver witness witness-testimony Does a criminal defendant have a constitutional right to fully present himself / herself as a witness
23-7050 David Phillip Ryan v. Florida Florida 2024-03-21 Denied Response WaivedIFP civil-procedure constitutional-interpretation criminal-procedure due-process fourteenth-amendment jury jury-composition jury-trial sixth-amendment standing Whether the jury guaranteed by the Sixth and Fourteenth Amendments is a 12-person jury?
23-6806 Bruce Wayne Harp v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-02-22 Denied IFP criminal-justice criminal-procedure due-process jury jury-impartiality justice-system obstruction-of-justice penal-code pre-trial trial-rights When does Penal Code 21.02 adulterate the justice system, obstructing due process, pre-trial and an impartial jury?
23-721 Gayle Killilea v. Richard M. Coan, et al. Second Circuit 2024-01-04 Denied Response RequestedResponse WaivedRelisted (2) avoidance-action bankruptcy-law civil-procedure evidence expert-testimony federal-rules-of-evidence jury property-transfer rules-of-evidence statutory-interpretation trust Whether expert testimony may be excluded under Rules 702 and 704 because the expert offers an opinion on the relevant question of fact
23-6078 Timothy Ray Jones, Jr. v. South Carolina South Carolina 2023-11-21 Denied IFP capital-punishment capital-sentencing due-process eighth-amendment insanity-defense jury jury-instructions not-guilty-by-reason-of-insanity voir-dire Whether the Due Process Clause and the Eighth Amendment require that a jury, as the sentencer in a capital case, be told the truth about the effect of…
23-6013 Calvin Cogdill v. United States Sixth Circuit 2023-11-15 GVR Relisted (2)IFP armed-career-criminal-act constitutional-procedure criminal-sentencing fifth-amendment indictment jury reasonable-doubt sixth-amendment statutory-interpretation Whether the Armed Career Criminal Act's 'occasions different' fact must be charged in the indictment and proven to a jury beyond a reasonable doubt
23-5971 Kevondric Fezia v. United States Fifth Circuit 2023-11-07 Denied Response WaivedIFP closing-arguments confrontation-clause criminal-procedure due-process hearsay jury non-testifying-witness prosecutorial-argument sixth-amendment witness-testimony Does the Confrontation Clause apply to statements made by a prosecutor during closing arguments that detail for the jury what a non-testifying witness…
23-5711 Mitchell D. Green v. Wisconsin Wisconsin 2023-10-04 Denied Response RequestedResponse WaivedRelisted (2)IFP admissible-evidence constitutional-law criminal-procedure double-jeopardy due-process jury jury-impartiality mistrial trial-rights Whether the Double Jeopardy Clause permits a defendant to be retried after a mistrial was declared due to the jury hearing admissible evidence
23-5088 Quinton Troy Hall v. United States Sixth Circuit 2023-07-13 Denied Response WaivedIFP constitutional-rights due-process jury jury-finding methamphetamine methamphetamine-distribution preponderance-of-evidence sentencing sixth-amendment Was it a violation of the United States Constitution, Sixth Amendment when the trial court sentenced the petitioner to a term of 360 months
22-7155 Kalid Koron Ocean-Avent v. United States Fourth Circuit 2023-03-30 Denied Response WaivedIFP burden-of-proof criminal-law criminal-procedure due-process evidence evidentiary-errors fair-trial firearm firearm-possession jury reasonable-doubt Whether the Government proved beyond a reasonable doubt that Mr. OceanAvent possessed a firearm
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?
22-6477 Claudius English, aka Jay Barnes, aka Brent English v. United States Second Circuit 2023-01-06 Denied Response WaivedIFP conviction conviction-challenge due-process dunn-v-united-states fifth-amendment indictment indictment-theory interstate-commerce jury kidnapping-statute Whether the lower courts' affirmance of English's conviction on the basis of a theory not charged in the indictment or argued to the jury and advanced…
22-5733 Robert Brown, II v. United States Sixth Circuit 2022-10-03 Denied Response WaivedIFP appellate-review criminal-procedure criminal-trial evidence fair-trial jury jury-bias perjury perjury-evidence rico rico-conspiracy sixth-amendment Whether the District Court's denial of admission of evidence regarding a Government cooperating witness committing perjury was error and affected the …
22-5458 Kenneth Lainell Davis v. Florida Florida 2022-08-29 Denied IFP criminal-defendant criminal-procedure criminal-trial due-process eighth-amendment felony jury jury-composition juvenile-sentencing mandatory-minimum sixth-amendment Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense
22-5341 Ted Amparan v. M. Eliot Spearman, Warden Ninth Circuit 2022-08-11 Denied IFP alleyene-v-united-states apprendi-v-new-jersey criminal-sentencing due-process exhaustion habeas-corpus jury jury-determination sentencing sentencing-procedure sixth-amendment Should CERTIORARI be granted to review the issues of whether the State violated Supreme Court precedent by having a sentencing judge, not the jury, ma…
22-5343 In Re Quelyory A. Rigal 2022-08-11 Denied IFP criminal-procedure due-process duplicitous-indictment fifth-amendment habeas-corpus jury non-unanimous-verdict sixth-amendment Whether a non-unanimous verdict in a criminal case violates the Fifth and Sixth Amendments
22-5102 Nathaniel Louis Daniels v. United States Fourth Circuit 2022-07-13 Denied Response RequestedResponse WaivedRelisted (3)IFP 6th-amendment armed-career-criminal-act criminal-procedure judge judicial-discretion jury jury-determination sentencing-enhancement sixth-amendment statutory-interpretation Whether the Sixth Amendment requires that a jury, rather than a judge, resolve whether prior crimes were 'committed on occasions different from one an…
22-5033 Curtis Chewning v. Florida Florida 2022-07-05 Denied Response WaivedIFP charging-information court-fraud due-process fraud jury jury-trial reasonable-doubt sentencing unlawful-seizure Whether due process is violated by sentence increase based on facts not proven to jury
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
21-8076 Siva K. Durbesula v. United States Fourth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release Whether the Sixth Amendment requires a jury rather than a judge to determine facts which are used to apply enhanced punishments including the period o…
21-7355 Jon Charles Vance v. United States Sixth Circuit 2022-03-14 Denied Response WaivedIFP constitutional-law criminal-procedure due-process fifth-amendment jury reasonable-doubt Whether the Petitioner Jon Charles Vance was denied his fundamental right under the Fifth Amendment to Due Process
21-1225 The Estate of Dillon Taylor, et al. v. Salt Lake City, Utah, et al. Tenth Circuit 2022-03-09 Denied Response RequestedRelisted (2) civil-procedure civil-rights excessive-force jury law-enforcement material-dispute qualified-immunity summary-judgment tenth-circuit qualified-immunity
21-7296 Frank C. Gonzalez v. California California 2022-03-07 Denied IFP 5th-amendment 6th-amendment aggravating-circumstances constitutional-rights death-penalty due-process fifth-amendment jury jury-finding sixth-amendment Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m…
21-6164 Julia Lagunas-Hernandez v. United States Eighth Circuit 2021-11-04 Denied Response WaivedIFP burden-of-proof cell-phone-search constitutional-rights defense-counsel fair-trial jury marital-communication marital-communications prosecutorial-misconduct trial-strategy Whether the United States committed prosecutorial misconduct, depriving Petitioner of a fair trial
21-6132 Shelton Marbury v. United States District of Columbia 2021-10-29 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process external-influence government-burden jury jury-influence presumption-of-prejudice sixth-amendment Whether under the Sixth Amendment, once a defendant has presented evidence that an external influence has reached his jury, a presumption of prejudice…
21-5918 Susan Lloyd v. Joshua Thornsbery, et al. Ohio 2021-10-06 Denied IFP civil-rights constitutional constitutional-violation due-process fair-trial judicial-misconduct jury jury-integrity oath-of-office state-judges Are retired state judges constitutional?
21-5555 Ross Allen Hartwell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-01 Denied Relisted (2)IFP appellate-procedure civil-rights due-process fair-trial jurisdictional-limits jury legal-interpretation sixth-amendment standing state-court statutory-interpretation Does the Supreme Court's decision in Washington v. Deleon, 568 U.S. 068 (2014) allow lower courts to violate an individual's right to a fair and impar…
21-115 Ivan Rosario v. United States Second Circuit 2021-07-28 Denied Response Waived 6th-amendment criminal-sentencing due-process fifth-amendment judicial-factfinding jury jury-trial reasonable-doubt sentencing sixth-amendment Whether the Fifth Amendment's Due Process Clause and the Sixth Amendment's right to trial by jury protect criminal defendants from being sentenced bas…
21-5012 Brian David Johnsen v. California California 2021-07-06 Denied IFP death-penalty due-process jury reasonable-doubt ring-v-arizona sentencing Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m…
20-7981 Stephen Nivens v. J. Phillip Morgan, Warden, et al. Fourth Circuit 2021-05-11 Denied Response WaivedIFP charging-document constitutional-rights double-jeopardy duplicitous duplicitous-charging fifth-amendment jury jury-trial multiplicitous multiplicitous-charging Whether the Petitioner has a right to be free from Double Jeopardy
20-7959 Thomas J. Connerton v. United States Second Circuit 2021-05-07 Denied Response WaivedIFP criminal-procedure due-process judicial-inquiry juror-discharge jury jury-selection reasonable-doubt sixth-amendment Should certiorari be granted where the District Court discharged a juror, without 'good cause' under rule 23(b)(3) of the Federal Rules of Criminal Pr…
20-7765 Jared Andrew Martin v. California California 2021-04-14 Denied IFP civil-procedure constitutional-vagueness criminal-procedure criminal-statute culpability due-process evidence jury mens-rea standing statutory-interpretation Question not identified
20-7579 Donald Phillips v. Texas Texas 2021-03-29 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-misconduct juror-misconduct jury prosecutorial-misconduct sixth-amendment trial-procedure Is it proper or a violation of the 6th Amendment due process law for a defense attorney to discover that during testimony in trial one of the jurors w…
20-7586 Phillip Blough v. United States Sixth Circuit 2021-03-26 Denied Response WaivedIFP civil-rights criminal-conduct due-process judicial-error jury jury-instructions legal-prejudice right-to-fair-trial trial-by-jury trial-procedure Does the right to a trial by jury include the right to a jury informed of relevant and non-confusing jury instructions?
20-7353 Fivea Sharipoff v. Rob Persson, Superintendent, Coffee Creek Correctional Institution Ninth Circuit 2021-03-08 Denied IFP collateral-review constitutional-rights criminal-trial due-process evidence habeas-corpus jury meaningful-defense non-unanimous-jury retroactivity sixth-amendment Whether the trial court violated the petitioner's right to present a complete defense
20-7031 Jose Diaz, aka Cano v. United States Second Circuit 2021-02-03 Denied Response WaivedIFP constitutional-rights due-process fair-trial juror-deliberations juror-misconduct jury jury-instructions jury-misconduct trial-court-inquiry trial-procedure Should a trial court conduct an inquiry when it learns that jurors have disregarded instructions and discussed the case outside the presence of other …
20-1025 Juan Francisco Vega v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2021-01-28 Denied antiterrorism-act civil-rights constitutional-interpretation due-process florida-constitution florida-rules-of-court florida-statutes involuntary-commitment jury jury-verdict mental-abnormality Whether the jury's verdict must be reinstated based on the United States Constitution, Florida Constitution, Florida Statutes, and Florida Rules of Co…
20-6811 Jesus Eder Moreno Ornelas v. United States Ninth Circuit 2021-01-08 Denied Relisted (2)IFP attempted-murder due-process felon-in-possession firearms jury plain-error-review rehaif-standard sentencing-guidelines sixth-amendment Whether a sentence may be enhanced for an offense tried to but not found by the jury
20-910 Anthony M. Lee v. Heath Parshall Seventh Circuit 2021-01-08 Denied civil-rights due-process judicial-discretion jury jury-selection racial-bias section-1983 standing voir-dire Whether the district court's refusal to probe potential jurors for bias or prejudice was an abuse of discretion under Rule 47(a)
20-6762 James W. Knipfer v. Reed A. Richardson, Warden Seventh Circuit 2021-01-04 Denied Response WaivedIFP civil-rights constitutional-rights court-jurisdiction due-process federal-court habeas-corpus judicial-misconduct jurisdiction jury jury-trial procedural-due-process Can there be a 'perpetual jury', 'phantom jury', 'forever jury' or a 'jury on a judge's whim' in the United States?
20-860 Ryan Randall Gilbertson v. United States Eighth Circuit 2020-12-30 Denied Response RequestedResponse WaivedRelisted (2) constitutional-rights criminal-procedure criminal-restitution due-process jury jury-determination procedural-due-process reasonable-doubt sentencing sixth-amendment Whether the Sixth Amendment prohibits a court from imposing criminal restitution on a defendant based on facts not found by the jury beyond a reasonab…
20-5727 Martez LaJuan Edwards v. United States Sixth Circuit 2020-09-16 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment jury probable-cause search-and-seizure standing Question not identified
20-5689 Orlando Bell v. United States District of Columbia 2020-09-14 Denied IFP acquitted-conduct constitutional-rights due-process fifth-amendment jury sentencing sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a defendant's sentence on conduct for which the jury acquitted the defenda…
20-5693 In Re Terron Garhard Dizzley 2020-09-14 Denied Relisted (2)IFP burden-of-proof constitutional-rights double-jeopardy fifth-amendment hung-jury jury mistrial trial-procedure unanimous-verdict Whether the judges ruling that the jury's failure to reach a unanimous decision was not a failure on the jury's part was acquittal and the constitutio…
20-5646 Sean Justin Owens v. United States Eleventh Circuit 2020-09-10 Denied Relisted (3)IFP appellate-review armed-career-criminal-act commerce-clause criminal-conviction firearm-possession jury prior-conviction prior-convictions rehaif-v-united-states sentencing serious-drug-offense Whether courts of appeals may affirm a defendant's conviction by relying on facts about the defendant's prior convictions that were not proven to the …
20-5613 Keith Bernard Smith v. Noah Nagy, Warden Sixth Circuit 2020-09-09 Denied Response WaivedIFP constitutional-rights due-process evidentiary-hearing extraneous-contact fair-trial juror-misconduct jury remmer-v-united-states sixth-amendment trial-fairness Whether the trial court interfered with the petitioner's state and federal constitutional rights to a fair jury trial by refusing to hold an evidentia…
20-5059 Christopher Goodin v. United States Sixth Circuit 2020-07-14 Denied Response WaivedIFP child-protection constitutional-rights criminal-penalty criminal-punishment jury jury-trial mandatory-restitution mandatory-statute restitution sexual-exploitation sixth-amendment Does the Constitution's guarantee of trial by jury extend to awards of restitution under the Mandatory Restitution For Sexual Exploitation of Children…
19-8755 Levi West v. United States Sixth Circuit 2020-06-19 Denied Response WaivedIFP apprendi-doctrine armed-career-criminal-act constitutional-interpretation conviction-records criminal-procedure jury jury-trial sentencing sentencing-enhancement sixth-amendment Is the different-occasions requirement an element for the jury to decide, or for the sentencing judge to decide?
19-8601 William Cornell Walker v. Minnesota Minnesota 2020-06-04 Denied Response WaivedIFP age-discrimination civil-rights due-process equal-protection exculpatory-evidence false-testimony jury jury-composition peer-selection police-misconduct racial-bias Whether jurors twice your age can be considered your peers
19-8545 Duane Blake v. Florida Florida 2020-05-27 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process evidence expert-witness jury post-conviction-relief procedural-default Did the state of Florida violate due process by excluding an expert witness for the defense in an attempted murder trial
19-8547 Joseph D. Blueford v. Timothy Hooper, Warden Fifth Circuit 2020-05-27 Denied IFP appellate-review due-process fair-trial harmless-error impartial-tribunal judicial-discretion jury jury-competence sixth-amendment Does a petitioner have the right to a fair-and-impartial-trial when a juror does not hear-or-understand-the-evidence
19-1307 Edward Thomas, Warden v. William Leroy Barnes Fourth Circuit 2020-05-20 Denied actual-prejudice brecht-v-abrahamson criminal-conviction criminal-procedure due-process federal-habeas-review fourth-circuit habeas-corpus juror-misconduct jury jury-contact precedent-interpretation substantial-effect Did the Fourth Circuit misapply this Court's precedents by granting habeas relief where there was no evidence that a juror's contact with a third part…
19-8335 Mitchell Willoughby v. Deedra Hart, Warden Sixth Circuit 2020-04-22 Denied IFP caldwell-precedent capital-sentencing closing-argument death-penalty jury jury-instructions prosecutor prosecutorial-misconduct sixth-circuit state-law voir-dire Did the Sixth Circuit panel misunderstand or frustrate the purpose behind this court's holding in Caldwell v. Mississippi
19-1172 Mark Targowski v. Zachary Lee Rawlins Eighth Circuit 2020-03-27 Denied Response Waived 8th-circuit civil-procedure civil-rights direct-appeal due-process evidence evidence-standard jury per-curiam reasonable-jury standing verdict writ-of-certiorari Whether no reasonable jury could have reached the same verdict based on the evidence submitted.
19-7864 Derek Crosby v. Illinois Illinois 2020-03-03 Denied IFP constitutional-challenge criminal-procedure criminal-sentencing due-process indictment jury jury-determination legislative-power sentencing separation-of-powers statutory-maximum Whether The Legislature Can Remove The Facts From The Jury That Increase The Statutory Maximum?
19-7690 Devell Short v. Superintendent, State Correctional Institution at Greensburg, et al. Third Circuit 2020-02-20 Denied Response WaivedIFP appeal appeal-rights castle-doctrine constitutional-rights due-process fair-trial judicial-misconduct jury jury-contamination jury-misconduct Whether a miscarriage of justice occurred due to a mistake and breakdown in the judicial operation of the federal courts
19-7475 Douglas Edwin Ball, Jr. v. Michigan Michigan 2020-01-29 Denied IFP 14th-amendment appeal civil-rights conviction dna-evidence due-process evidence insufficient-evidence jury jury-instructions unanimous-verdict Whether the Fourteenth Amendment was violated because it is impossible to determine whether the verdict was unanimous where there is insufficient evid…
19-7298 James Lee Bell v. Florida Florida 2020-01-15 Denied Response WaivedIFP apprendi-precedent blakely-rule criminal-procedure due-process judicial-discretion jury jury-trial mandatory-minimum recidivism recidivist-treatment sentencing sentencing-enhancement Was the limitation of Almendarez-Torres and the dictates of Apprendi and Blakely violated?
19-7255 Fernando Duran v. United States Tenth Circuit 2020-01-13 Denied Response WaivedIFP acknowledgment criminal-procedure drug-possession due-process evidence evidence-standard jury narcotics-law reasonable-doubt Does the due process clause's requirement of proof beyond a reasonable doubt obligate the government in a drug possession case to present evidence of …
19-7096 David Lee Smith v. Rick Jackson Fourth Circuit 2019-12-30 Denied Response WaivedRelisted (2)IFP civil-rights criminal-evidence criminal-procedure due-process evidence evidentiary-standard fingerprint fingerprint-analysis jury jury-confusion probable-cause standing wrongful-conviction Whether petitioner is entitled to a remand with instructions for the district court to order the case dismissed with prejudice because the prosecution…
19-786 Willie Kipyego Butia v. Virginia Virginia 2019-12-19 Denied Response Waived constitutional-law constitutional-rights criminal-law criminal-procedure due-process fair-trial judicial-discretion jury jury-instructions statutory-interpretation Is due process violated where the trial judge instructs the jury using words not found in the statute and in such a way that clearly expands the statu…
19-6693 Chris Rayvon Starks v. United States Sixth Circuit 2019-11-20 Denied IFP armed-career-criminal-act criminal-procedure judge-finding jury jury-decision jury-determination predicate-offense predicate-offenses prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-penalty Is the fact that the defendant committed three predicate offenses 'on occasions different from one another' an element of the ACCA for the jury to dec…
19-6699 Andrew McWhorter v. Indiana Indiana 2019-11-20 Denied Response WaivedIFP acquittal amended-charges charging-information criminal-procedure deadly-weapon double-jeopardy due-process fifth-amendment jury Whether the Double Jeopardy Clause of the Fifth Amendment barred the State of Indiana from 'retrying' Petitioner
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?
19-6528 Royce C. Gouveia v. Nolan Espinda, Director, Hawaii Department of Public Safety, et al. Ninth Circuit 2019-11-06 Denied IFP acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy,criminal-procedure,jury,verdict,ac jury jury-verdict retrial verdict Does a jury's execution of a verdict form acquitting the defendant, and announcement that it has reached a verdict, suffice to erect a double jeopardy…
19-572 Ravneet Singh v. United States Ninth Circuit 2019-10-31 Denied civil-procedure due-process evidence harmless-error jury jury-instructions standard-of-review standing sufficiency-of-evidence Whether, upon invalidating one of two alternative theories of liability presented to a jury, the reviewing court should ask if there is 'sufficient ev…
19-468 Keesha Elayne Frye v. United States Fourth Circuit 2019-10-09 Denied Response Waived appellate-review burden-of-proof criminal-procedure due-process indictment indictment-redaction jury jury-deliberation jury-instructions meaningful-review redaction standard-of-review Whether the criminal defendant was denied meaningful appellate review when the district court destroyed the only copy of a redacted indictment used by…
19-5924 James Hennessee v. United States Sixth Circuit 2019-09-12 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi-doctrine armed-career-criminal-act circuit-court constitutional-interpretation conviction-records criminal-procedure jury predicate-convictions sentencing sentencing-enhancement sixth-amendment Is the different-occasions requirement an element for the jury to decide, or can the sentencing judge decide it?
19-5719 Robert Keith Ray v. Colorado Colorado 2019-08-27 Denied IFP 6th-amendment appellate-review apprendi apprendi-v-new-jersey boyde-standard boyde-v-california capital-case due-process jury jury-instructions sixth-amendment Whether the Court should revisit the 'reasonable likelihood' test adopted in Boyde v. California and instead return to the previous standard where app…
19-5442 Shanta G. Phillips-Berry v. Kenner Police Department, et al. Fifth Circuit 2019-08-06 Denied IFP abuse-of-discretion civil-procedure civil-rights constitutional-due-process due-process evidentiary-requirements fair-trial judicial-discretion jury jury-trial legal-standards standing trial-procedure What if district court abused its discretion by not relying on the erroneous legal premise that a citizen(s) of the state of Louisiana and this great …
19-5481 Jomo Williams v. United States Second Circuit 2019-08-06 Denied Response WaivedIFP 5th-amendment 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence federal-rule-of-evidence fifth-amendment jury sixth-amendment Were Petitioner's Fifth and Sixth Amendment due process rights obliterated
19-141 Jeffrey Fairbanks v. Indiana Indiana 2019-07-30 Denied Response Waived criminal-conviction criminal-procedure due-process evidence evidentiary-rules ex-post-facto judicial-construction jury jury-instructions propensity-evidence reasonable-doubt vague-statute vagueness Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity eviden…
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?
19-5177 James Alvin Chaney v. United States Sixth Circuit 2019-07-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment impartial-jury inter-circuit-split juror-allegation juror-misconduct jury sixth-amendment trial-court trial-procedure Is a criminal defendant's Fifth Amendment right of due process and Sixth Amendment right to a trial by an impartial jury violated when the trial court…
18-9738 Francisco Gonzalez Jose v. United States Third Circuit 2019-06-20 Denied Response WaivedIFP alternate-juror criminal-procedure deliberations due-process federal-rules-of-criminal-procedure judicial-interpretation jury jury-deliberation jury-instructions mistrial third-circuit united-states-v-sotelo When a juror cannot continue deliberations and an alternate juror is empaneled, does the Third Circuit's decision in United States v. Sotelo conflict …
18-9698 Ruben Perez Gomez v. California California 2019-06-18 Denied IFP constitutional-requirement death-penalty fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-finding reasonable-doubt sentencing-standard sixth-amendment statutory-maximum statutory-maximum-punishment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact other than a prior co…
18-9594 Brian L. Davis v. 7-Eleven, Inc. Fourth Circuit 2019-06-10 Denied IFP civil-procedure civil-rights criminal-procedure due-process equal-protection jury jury-trial standing How can a jury not determine if a defendant is guilty of a crime and still deny due process?
18-9579 James D. Tench v. Ohio Ohio 2019-06-07 Denied IFP aggravating-circumstances capital-defendant capital-punishment constitutional-rights death-penalty' 'When a reviewing court independen due-process evidence-admission guilty-verdict hurst-v-florida jury jury-verdict mitigating-factors prejudicial-evidence sixth-amendment Does the admission of improper and prejudicial evidence violate a capital defendant's right to due process?
18-9512 Kenneth Roshaun Reid v. United States Fourth Circuit 2019-06-05 Denied Response WaivedIFP criminal-conspiracy criminal-culpability double-jeopardy dry-conspiracy due-process guilt indictment jury reasonable-foreseeability subject-matter-jurisdiction Who does the jury have to be in order to establish guilt or criminal culpability in all dry conspiracy crimes?
18-9400 Charlie Russell Martin v. Arizona Arizona 2019-05-23 Denied IFP 5th-amendment constitutional-rights due-process evidence-admission false-testimony fundamental-fairness ineffective-assistance-of-counsel judicial-review jury legal-standard miranda-warnings procedural-due-process state-procedure trial Did the knowing use of false testimony at defendant's second trial rise to a denial of due process that likely affected the jury's judgment?
18-9347 Sherrick A Sims v. Kansas Kansas 2019-05-20 Denied Response WaivedIFP 14th-amendment constitutional-law constitutional-violation conviction criminal-procedure due-process evidence fourteenth-amendment judicial-procedure jury limine limine-orders prejudicial-testimony violation Was Mc. Sims denied due process of law when the District Court and Kansas Supreme Court upheld a conviction obtained by the State's violation of Three…
18-9189 Vernell Conley v. Wendy Kelley, Director, Arkansas Department of Correction Arkansas 2019-05-08 Denied Response WaivedIFP constitutional-law criminal-procedure double-jeopardy drug-offense due-process evidence hicks-v-oklahoma jury jury-trial sentencing Did the refusal to order re-sentencing on the remaining conviction, limited to evidence supporting that conviction, violate Conley's right to due proc…
18-8732 Leonoris Miller v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-04-10 Denied Response WaivedIFP child-victim criminal-procedure due-process fair-trial habeas-corpus jury jury-deliberations video-evidence video-interview Whether permitting the jury to review child victim's video interview during deliberations denied Petitioner his right to a fair trial and due process
18-8753 Carl Devon Powell v. California California 2019-04-10 Denied IFP aggravating-circumstances constitutional-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-fact-finding mitigating-circumstances reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c…
18-8652 Ammar Asimfaruq Harris v. Nevada Nevada 2019-04-01 Denied IFP 5th-amendment capital-case constitutional-error due-process fair-trial fifth-amendment fourteenth-amendment harmless-error jury sixth-amendment Whether Mr. Harris' rights under the Fifth, Sixth and Fourteenth amendments to a fair trial by jury were violated
18-8544 Keith J. Myles v. Florida Florida 2019-03-26 Denied Response WaivedIFP civil-rights criminal-procedure due-process equal-protection fair-trial impartial-jury jury standing Was the petitioner's constitutional rights violated?
18-8442 Marc Dutch v. United States Tenth Circuit 2019-03-18 Denied Response WaivedIFP 6th-amendment apprendi criminal-procedure indictment jury prior-convictions sentencing sixth-amendment statutory-interpretation Does 18 U.S.C. § 924(e)(1)'s requirement that prior convictions be 'committed on occasions different from one another' require such facts to be allege…
18-8432 Kelly Foust v. Ohio Ohio 2019-03-15 Denied Response RequestedResponse WaivedRelisted (2)IFP capital-defendant capital-punishment capital-sentencing constitutional-interpretation criminal-procedure death-penalty hurst-precedent hurst-v-florida jury jury-waiver sixth-amendment Does Ohio's death penalty scheme violate the Sixth Amendment right to a jury as explained in Hurst v. Florida?
18-8031 William Bolden v. Pennsylvania Pennsylvania 2019-02-19 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process jury prior-conviction reasonable-doubt sentencing sentencing-enhancement statutory-maximum Was petitioner sentenced under a statute that violate due process of law under the United States Constitution by permitting a trial court to impose an…
18-1064 In Re Octavious DeMont Williams 2019-02-13 Denied 21-usc-841 burden-of-proof constitutional-due-process constitutional-rights controlled-substance criminal-procedure due-process elements-of-crime fifth-amendment judicial-misconduct jury jury-finding jury-trial Octavious Demont Williams petitioned for a writ of habeas corpus, arguing that his constitutional due process was violated when he was deprived of the…
18-7912 Eriese Alphonso Tisdale v. Florida Florida 2019-02-12 Denied IFP 14th-amendment 5th-amendment 6th-amendment 8th-amendment constitutional-law constitutional-rights death-penalty double-jeopardy due-process jury jury-vote statutory-amendment statutory-interpretation Whether the Florida Supreme Court's failure to apply a statutory amendment violates due process and double jeopardy
18-7651 Eric Steve Anderson v. California California 2019-01-29 Denied IFP antagonistic-defenses conspiracy constitutional-rights criminal-procedure fair-trial jury jury-trial severance severance-motion Did this trial court's denial of petitioner's severance motion as to co-defendant and its subsequent acquittal of co-defendant on the conspiracy charg…
18-7553 Elmos D. Hopkins v. Robert Dooley, Warden, et al. Eighth Circuit 2019-01-24 Denied IFP civil-rights confession confrontation-clause criminal-procedure due-process evidence ineffective-assistance-of-counsel jury jury-instructions right-to-counsel witness Whether a defendant can be convicted by a jury when two key witnesses (owners of the home) were not allowed to testify
18-7457 Charles Edward Case v. California California 2019-01-16 Denied IFP capital-punishment constitutional-amendment criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury jury-finding reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con…
18-7291 Dillon Wade Thompson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-08 Denied IFP constitutional-rights criminal-law criminal-procedure deliberation digital-cameras due-process evidence evidence-admissibility judicial-discretion jury jury-deliberations lewd-exhibition prosecutorial-misconduct trial Is it a violation of a defendant's Due Process rights if, while deliberating, the fact-finder viewed evidence that was not shown at trial, even if sai…
18-7050 Javier Portillo v. United States Ninth Circuit 2018-12-17 Denied Response WaivedIFP border-crossing border-search criminal-evidence criminal-procedure drug-trafficking due-process evidence jury knowledge-standard mens-rea narcotics-possession ninth-circuit standard-of-proof sufficiency-of-evidence trial-sufficiency Whether the Ninth Circuit's analysis of the facts was inadequate
18-739 Trevor Wallace v. Tennessee Tennessee 2018-12-10 Denied Response Waived appellate-review case-revival constitutional-compliance dismissal-with-prejudice double-jeopardy due-process fifth-amendment judicial-discretion jury jury-trial lee-v-us res-judicata May a state appellate court revive a case that was dismissed with prejudice after a jury was sworn?
18-6873 Angela Armenta v. United States Seventh Circuit 2018-11-29 Denied Response WaivedIFP 5th-amendment-6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fifth-amendment jury reasonable-doubt sentencing sixth-amendment Is the absence of evidence probative evidence of proof beyond a reasonable doubt?
18-6726 Billy Brantley v. Indiana Indiana 2018-11-16 Denied Response WaivedIFP 14th-amendment burden-of-proof charged-offense constitutional-law criminal-procedure due-process evidence fourteenth-amendment jury jury-instructions reasonable-doubt Where the State must present 'some' evidence of a particular fact before a jury may find a defendant guilty of a charged offense, does the Due Process…
18-6683 Cody Sakoman v. California California 2018-11-14 Denied Response WaivedIFP constitutional-rights due-process fair-trial fifth-amendment fourteenth-amendment judicial-procedure jury jury-deliberation readback sixth-amendment witness-testimony Whether a defendant was denied his rights to a fair trial and to due process of law under the Fifth, Sixth and Fourteenth Amendments
18-6697 Kevin Marquette Bellinger v. United States Fourth Circuit 2018-11-14 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where…
18-551 Philip Morris USA Inc. v. Elaine Jordan Florida 2018-10-26 Denied Relisted (2) civil-procedure class-action constitutional-law due-process engle-progeny findings issue-preclusion jury jury-findings legal-precedent preclusion prior-proceeding tobacco Whether the Due Process Clause is violated by a rule of preclusion that permits plaintiffs to invoke the preclusive effect of a prior jury's findings …
18-552 Philip Morris USA Inc. v. Mary Brown, as Personal Representative of the Estate of Rayfield Brown Florida 2018-10-26 Denied Relisted (2) civil-procedure constitutional-law due-process engle-progeny findings jury jury-findings legal-precedent preclusion prior-proceeding standing tobacco Whether the Due Process Clause is violated by a rule of preclusion that permits plaintiffs to invoke the preclusive effect of a prior jury's findings …
18-6341 John William Lieba, II v. United States Ninth Circuit 2018-10-16 Denied Response WaivedIFP appeal appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence jury legal-standard standard-of-review sufficiency-of-evidence Whether sufficient evidence existed to convict Mr. Lieba?
18-6054 In Re Michael Boone 2018-09-20 Dismissed IFP actual-innocence constitutional-rights double-jeopardy judge jury sentencing separation-of-powers statute-of-limitations statutory-offense substantive-due-process Is Petitioner Boone serving an unlawful/void sentence because it is a Substantive-Due-Process, Double-Jeopardy violation for a defendant to be punishe…
18-6008 Anibal Pagan-Romero v. United States First Circuit 2018-09-17 Denied Response WaivedIFP criminal-trial dictionary dictionary-use due-process fifth-amendment first-circuit jury jury-instructions presumption-of-prejudice remmer-presumption remmer-v-united-states Whether the Petitioner was denied due process of law where the District Court, over the objection of Defendant provided the jury with a dictionary whi…
18-5894 Lawrence Eugene Shaw v. United States Ninth Circuit 2018-09-05 Denied Response WaivedIFP 18-usc-1344 bank-fraud jury jury-instructions legal-interest legal-property-interest mixed-question mixed-question-of-law-and-fact property trial-court In Shaw, the Court held that the bank must have a legal interest in the property targeted by a §1344(1) scheme to defraud; is that interest a mixed qu…
18-5686 Dwight Mundle v. United States Second Circuit 2018-08-23 Denied Response WaivedIFP 18-usc-875-c awareness-of-threat criminal-intent criminal-law due-process evidence evidence-sufficiency intent jury prejudicial-effect prior-conduct statutory-interpretation threatening-communication uncharged-conduct witness-testimony Was there enough or even any evidence to prove the conviction of transmitting a threatening communication, in violation of 18 U.S.C. § 875 (c)
18-5651 Samuel W. Swoopes v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2018-08-20 Denied Response WaivedIFP appeal constitutional-law criminal-procedure defendant defendant-exclusion due-process ex-parte jury jury-question mid-deliberation sixth-amendment Does it violate Due Process and the Sixth Amendment to exclude a defendant from the court's consideration and answering of a jury question?
18-5513 My Van Tran v. Ed Sheldon, Warden Sixth Circuit 2018-08-08 Denied Response WaivedIFP civil-rights criminal-procedure discovery due-process evidence fair-trial interpreter jury language-access manifest-weight-of-evidence other-acts-evidence Whether the Sixth Circuit Court of Appeals erred in failing to vacate the district court's judgment due to the state's failure to timely provide repla…
18-82 Tamara Cotman and Angela Williamson v. Georgia Georgia 2018-07-17 Denied Response Waived acquittal criminal-procedure double-jeopardy double-jeopardy,fifth-amendment,criminal-procedure fifth-amendment jury jury-trial nonunanimous-verdict sixth-amendment sixth-amendment,criminal-procedure,jury,due-proces unanimous-verdict Whether the Double Jeopardy Clause of the Fifth Am Whether it is a Violation of the Sixth Amendment for a jury in a criminal case to return a nonunanimous verdict