| 25-748 |
Kevin McCarthy, Superintendent, Elmira Correctional Facility v. Pedro Hernandez |
Second Circuit |
2025-12-23 |
Pending |
|
aedpa jury-deliberations jury-instruction pretrial-suppression seibert-rule state-court-findings |
The Antiterrorism and Effective Death Penalty Act (AEDPA) prohibits federal courts from invalidating a state conviction unless there is both a legal e… |
| 24-7473 |
Obel Cruz-Garcia v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-06-20 |
Denied |
IFP |
capital-punishment circuit-precedent external-influence habeas-corpus jury-deliberations religious-text |
Whether a jury foreman's introduction of a religious text during capital murder trial deliberations constitutes an improper external influence warrant… |
| 23-1080 |
Warren Mosler, et al. v. Joseph Gerace, et al. |
Virgin Islands |
2024-04-04 |
Denied |
Response Waived |
appellate-court civil-procedure corporate-form due-process jury-deliberations shareholders-damages standing trial-proceedings verdict |
Does Due Process allow an appellate court to shortcut the trial proceedings; the jury deliberations; and the verdict itself; and ignore the plaintiffs… |
| 23-5648 |
Frank Nucera, Jr. v. United States |
Third Circuit |
2023-09-26 |
Denied |
Response WaivedIFP |
due-process equal-protection evidentiary-hearing juror-misconduct jury-deliberations new-trial new-trial-motion racial-bias third-circuit-court voir-dire |
Did the Third Circuit err by upholding the denial of Petitioner's motion for new trial or an evidentiary hearing based on juror affidavits? |
| 23-5038 |
Kurt Michaels v. Ron Davis, Warden, et al. |
Ninth Circuit |
2023-07-05 |
Denied |
Relisted (13)IFP |
aggravating-evidence appellate-review capital-case confession confession-evidence cumulative-error harmless-error harmless-error-analysis jury-deliberation jury-deliberations ninth-circuit-review |
Whether a court reviewing a cold record in a capital case may determine that the effect of an erroneously admitted confession and other improper aggra… |
| 22-7557 |
Germaine Coulter, Sr., aka Slim v. United States |
Tenth Circuit |
2023-05-16 |
Denied |
Response WaivedIFP |
due-process fair-trial hearsay-testimony juror-coercion jury-coercion jury-deliberation jury-deliberations prosecutorial-misconduct sixth-amendment |
Whether Mr. Coulter's Sixth Amendment rights were violated |
| 22-7400 |
Maurice Morrison v. Massachusetts |
Massachusetts |
2023-04-28 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-rights criminal-procedure due-process evidence fourteenth-amendment judicial-protection jury-deliberations jury-trial sixth-amendment trial-evidence |
Whether a juror's communication to the jury during deliberations of highly prejudicial specialized factual information that was based on his professio… |
| 21-7918 |
Jaime Gonzalo Castiblanco Cabalcante v. United States |
Fifth Circuit |
2022-05-19 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process fifth-circuit harmless-error jury-deliberations jury-instructions knowledge-element |
Did the Fifth Circuit Court of Appeals err in finding that Castiblaneo failed to state a valid claim of the denial of a constitutional right? |
| 21-7076 |
Richard Maurival v. United States |
Eleventh Circuit |
2022-02-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-trial eleventh-circuit evidentiary-inquiry juror-statements jury-deliberations peña-rodriguez-v-colorado racial-bias sixth-circuit |
racial-bias-in-jury-deliberations |
| 21-6668 |
Shane Patrick Sprague v. United States |
Eleventh Circuit |
2021-12-21 |
Denied |
Response WaivedIFP |
animal-welfare-act conspiracy due-process eleventh-circuit evidence-sufficiency insufficient-evidence jury-deliberation jury-deliberations supervisory-jurisdiction |
Whether the evidence was sufficient to support a conviction of conspiracy to violate the Animal Welfare Act |
| 21-6386 |
Antjuan Sydnor v. California |
California |
2021-11-23 |
Denied |
IFP |
constitutional-rights counsel-absence criminal-prosecution critical-stage jury-deliberations right-to-counsel sixth-amendment structural-error |
In a criminal prosecution, if a trial court permits the prosecutor and counsel for a codefendant to present supplemental arguments to the jury during … |
| 21-6310 |
Carlos Santos v. Christine Brannon-Dortch, Warden |
Seventh Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split extraneous-information habeas-corpus jury-deliberations prejudice remmer-hearing |
Whether the state is still required to bear the burden at a Remmer hearing when the issue is litigated in the context of a habeas corpus petition, whe… |
| 21-5291 |
Leonardo Miguel Garcia Morales, aka El Padrino v. United States |
Eleventh Circuit |
2021-08-04 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial critical-stage defendant-presence district-court-discretion due-process judicial-discretion jury-deliberations right-to-presence testimony-of-accused testimony-rehearing |
Does the right to presence at critical stages of a criminal trial extend to proceedings before the jury in which the district court discourages the ju… |
| 20-8355 |
Jason Kyle Gee v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-06-22 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection jackson-v-virginia jury-deliberations racial-bias standard-of-review sufficiency-of-evidence verdict-challenge |
Is it a violation of the Fourteenth Amendment's Due Process and Equal Protection Clauses for a state to convict a person of a crime where the elements… |
| 20-8093 |
Martin James Kipp v. Ron Broomfield, Acting Warden |
Ninth Circuit |
2021-05-20 |
Denied |
IFP |
bible-reading biblical-reference capital-punishment capital-trial constitutional-rights external-influence habeas-corpus jury-deliberation jury-deliberations mattox-v-united-states presumed-prejudice remmer-v-united-states |
Whether clearly established federal law requires that a habeas petitioner's claim that his constitutional rights were violated because a juror read pa… |
| 20-7861 |
Razhden Shulaya v. United States |
Second Circuit |
2021-04-27 |
Denied |
Response WaivedIFP |
allen-charge civil-rights criminal-procedure due-process judicial-discretion jury-coercion jury-deliberation jury-deliberations jury-instructions right-to-counsel sixth-amendment |
Should a District Court issue an Allen charge when a jury bullies a holdout juror? |
| 20-7240 |
Joseph A. Hollahan v. Illinois |
Illinois |
2021-02-24 |
Denied |
Response WaivedIFP |
civil-rights courtroom-privacy due-process evidence-examination fair-trial jury-deliberations jury-room non-juror-presence public-trial sixth-amendment trial-procedure |
Does the right to private and secret jury deliberations apply only in the jury room? |
| 20-6661 |
Brian Keith Figge v. Scott Frauenheim, Warden |
Ninth Circuit |
2020-12-18 |
Denied |
IFP |
criminal-defendant criminal-procedure deliberation-process due-process judicial-misconduct juror-dismissal jury-deliberations jury-selection jury-trial sixth-amendment trial-by-jury |
Does a trial court violate a criminal defendant's Sixth Amendment right to trial by jury when it dismisses a defense holdout juror on the third day of… |
| 20-5177 |
Rolando Felix-Carrazco v. United States |
Ninth Circuit |
2020-07-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-sufficiency holdout-juror judicial-inquiry judicial-interference juror-dismissal jury-deliberation jury-deliberations scotus-guidance trial-court-discretion |
Whether repeated questioning of jurors about a holdout juror violates Brasfield v. United States |
| 19-6068 |
Michael S. Sites v. West Virginia |
West Virginia |
2019-09-25 |
Denied |
IFP |
constitutional-rights court-procedure criminal-procedure critical-proceedings due-process harmless-error jury-deliberations right-to-be-present |
Did the West Virginia Supreme Court violate the Petitioner's Constitutional Rights to be Present at ALL Critical proceedings, including the answering … |
| 18-9836 |
Dwight Brown v. United States |
Fourth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
allen-charge coercion coercive-instruction criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-deliberations mistrial verdict-review |
Whether the district court erred or abused its discretion in reversing or rescinding its grant of mistrial |
| 18-9665 |
Alejandro Hernandez-Delgado v. California |
California |
2019-06-13 |
Denied |
Response RequestedRelisted (2)IFP |
criminal-procedure due-process evidence-code evidentiary-hearing fourteenth-amendment juror-bias juror-misconduct jury-deliberations racial-bias racial-stereotypes sixth-amendment |
What fact-finding procedures are required by the Sixth and Fourteenth Amendments when a defendant makes a threshold showing that a juror relied on rac… |
| 18-8944 |
Timmy W. Doucet v. Louisiana |
Louisiana |
2019-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jury-deliberation jury-deliberations louisiana-criminal-code reasonable-doubt reversible-error sixth-amendment testimonial-evidence |
Whether reasonable jurists determine that it was reversible error for the district court to permit the jury, over defense counsel's objections, to vie… |
| 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 |
| 18-7696 |
Tony J. Walton v. David Ballard, Warden |
Fourth Circuit |
2019-01-31 |
Denied |
Response RequestedRelisted (2)IFP |
due-process fourteenth-amendment impartial-jury judicial-discretion jury-deliberations jury-impartiality sixth-amendment voir-dire |
Were the Petitioner's due process right to an impartial jury under the Sixth and Fourteenth Amendment to the Constitution violated when the trial judg… |
| 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… |
| 18-6565 |
Charles C. Gore v. Illinois |
Illinois |
2018-11-06 |
Denied |
Response WaivedIFP |
6th-amendment adversarial-proceedings constitutional-rights courtroom-closure criminal-procedure critical-stage-of-trial defendant-rights jury-deliberations public-accountability public-trial right-to-public-trial |
Whether the right to a public trial is violated when the trial court closes the courtroom while addressing questions posed by the jury during delibera… |
| 18-5118 |
Shane K. Floyd v. United States |
Sixth Circuit |
2018-07-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights constitutional-rights due-process equal-protection fair-trial ineffective-assistance-of-counsel judicial-fairness jury-deliberations jury-selection presumption-of-innocence racial-bias sixth-amendment strickland-standard |
Whether racial bias can infect a jury's deliberations and decisions, violating the right to a fair trial |