| 24-5941 |
Santos Cuevas v. Josh Highberger, Acting Superintendent, Oregon State Penitentiary |
Oregon |
2024-11-08 |
Denied |
Response WaivedIFP |
apprendi-rule constitutional-rights criminal-history habeas-corpus jury-fact-finding sentencing-guidelines |
Whether a defendant can challenge sentencing guidelines rules that increase criminal history score and sentence length without jury fact-finding under… |
| 22-6514 |
Santiago Pineda v. California |
California |
2023-01-11 |
Denied |
IFP |
aggravating-circumstances constitutional-rights death-penalty jury-determination jury-fact-finding mitigating-circumstances reasonable-doubt sentencing-procedure |
Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute violate the Fifth, Sixth, and Fourt… |
| 21-5754 |
Cedrin Farodd Carter v. United States |
Eleventh Circuit |
2021-09-22 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure different-occasions judicial-fact-finding jury-fact-finding prior-conviction sentencing-enhancement sixth-amendment |
Is a different-occasions finding under the Armed Career Criminal Act confined to matters essential to the fact of a prior conviction? |
| 20-6218 |
Terance Valentine v. Florida |
Florida |
2020-11-05 |
Denied |
IFP |
constitutional-waiver criminal-procedure death-penalty eighth-amendment fourteenth-amendment hurst-v-florida jury-fact-finding jury-unanimity ring-v-arizona |
Whether a waiver to an advisory, non-unanimous jury verdict lacking in any fact finding requirement under a death penalty scheme later determined to b… |
| 19-8478 |
John King v. United States |
District of Columbia |
2020-05-15 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-procedure fact-finding judicial-discretion jury-determination jury-fact-finding mcmillan-v-pennsylvania preponderance-of-the-evidence preponderance-standard sentencing sentencing-enhancement united-states-v-watts |
Can a judge rely on facts not found by a jury to enhance a sentence after this Court's decision in United States v. Alleyne, 570 U.S. 99 (2013), where… |
| 19-5394 |
Michael Leon Bell v. California |
California |
2019-07-30 |
Denied |
IFP |
aggravating-circumstances capital-punishment constitutional-procedure death-penalty due-process fourteenth-amendment jury-fact-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-standards 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… |
| 18-1508 |
Wisconsin Alumni Research Foundation v. Apple Inc. |
Federal Circuit |
2019-06-07 |
Denied |
|
claim-construction de-novo-review due-process JMOL jury-fact-finding jury-fact-findings jury-findings jury-trial patent-infringement procedural-due-process remand seventh-amendment standard-of-review teva-v-sandoz |
Whether the Federal Circuit can construe a claim limitation de novo, disregarding the jury's implicit fact findings on the plain and ordinary meaning … |
| 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… |
| 18-8670 |
Demetrius Terrence Frazier v. Alabama |
Alabama |
2019-04-02 |
Denied |
IFP |
capital-punishment capital-sentencing constitutional-interpretation cruel-and-unusual-punishment death-penalty death-penalty-sentencing due-process equal-protection judicial-fact-finding jury-fact-finding jury-sentencing jury-trial retroactive-rule retroactivity sixth-amendment |
Does Alabama's capital sentencing statute violate Hurst v. Florida? |
| 18-7118 |
Richard E. Lynch v. Florida |
Florida |
2018-12-19 |
Denied |
IFP |
death-penalty eighth-amendment fourteenth-amendment hurst-v-florida ineffective-assistance-of-counsel jury-fact-finding sixth-amendment |
Whether the State of Florida violated Petitioner's rights under the Sixth, Eighth, and Fourteenth Amendments |
| 18-5377 |
Jeffrey Glenn Hutchinson v. Florida |
Florida |
2018-07-27 |
Denied |
IFP |
capital-sentencing capital-sentencing,federal-constitutional-rights,w constitutional-waiver federal-constitutional-rights federal-rights hurst-v-florida jury-fact-finding penalty-jury prospective-waiver voluntary-waiver |
Can a defendant waive a federal constitutional right that was unknown and unrecognized at the time of the purported waiver? |