| 25A903 |
Nima Moradi v. Florida |
Florida |
2026-02-09 |
Application |
|
deadly-force ineffective-assistance jury-instructions prejudice-prong self-defense strickland-standard |
Question not identified. |
| 25-6362 |
Dan Ioan Belc v. Florida |
Florida |
2025-12-15 |
Denied |
Response WaivedIFP |
confrontation-rights due-process ineffective-counsel jury-instructions prosecutorial-misconduct trial-court-discretion |
Six (6) District Anems of Prosecution Misconduct Alleged [Cumulative Effect Amount to Fundamentally Undermine Possibility of Getting a Fair Trial in W… |
| 25-597 |
Donatus Iriele v. United States |
Eleventh Circuit |
2025-11-21 |
Denied |
Response Waived |
constitutional-rights criminal-procedure drug-statute jury-instructions reasonable-doubt subjective-knowledge |
Donatus Iriele was indicted for violations of 21 U.S.C. § 841(a) based on a superseding indictment that failed to allege a knowing violation of the st… |
| 25-6161 |
James Capers v. United States |
Second Circuit |
2025-11-19 |
Denied |
Response WaivedIFP |
alleyne-standard apprendi-rule constitutional-challenge criminal-procedure jury-instructions sentencing-enhancement |
1) In regards to 21 U.S.C. §846, to be in accordance with both Apprendi
and Alleyne , to punish as 21 U.S.C. §841(b)(1)(A) (10 to life), must
the ju… |
| 25-524 |
Cedric Ray Jones v. United States |
Fifth Circuit |
2025-10-30 |
Pending |
|
circuit-split criminal-procedure due-process harmless-error jury-instructions structural-error |
I. Does a district court's failure to instruct a jury in open court result in structural error, automatically producing a violation of a defendant's s… |
| 25-515 |
Michael Kail v. United States |
Ninth Circuit |
2025-10-27 |
Denied |
Response Waived |
circuit-split fiduciary-duty honest-services-fraud jury-instructions kickback-scheme statutory-interpretation |
In Skilling v. United States, 561 U.S. 358 (2010), this Court held that 18 U.S.C. § 1346 covered only bribery and kickback schemes, expressly excludin… |
| 25-5765 |
Markeisha Elliott v. Shannon Olds, Warden |
Sixth Circuit |
2025-09-30 |
Denied |
IFP |
certificate-of-appealability due-process habeas-corpus ineffective-assistance jury-instructions sixth-amendment |
(l)(a) Whether the Sixth Circuit erred by denying a COA on the merits instead of deciding the
"threshold inquiry" of whether a Petitioner has raised … |
| 25-310 |
J.A. Masters Investments, et al. v. Eduardo Beltramini |
Fifth Circuit |
2025-09-17 |
Denied |
|
diversity-jurisdiction due-process erie-doctrine force-majeure impossibility-defense jury-instructions |
1. Whether a federal court sitting in diversity may deny
a party the right to present the equitable defense of
impossibility to the jury—despite unc… |
| 25-294 |
Juan Carlos Sandoval-Rodriguez v. United States |
Fourth Circuit |
2025-09-15 |
Denied |
Response Waived |
constitutional-law criminal-procedure due-process jury-instructions reasonable-doubt sixth-amendment |
Whether trial judges must define "reasonable doubt" for the jury upon the defendant's request. |
| 25-5600 |
In Re Lonnie W. Hubbard |
|
2025-09-10 |
Denied |
IFP |
appellate-review controlled-substances criminal-law federal-indictment jury-instructions mens-rea |
I. Whether the jury instructions informed the jury, as a matter of law, of the "knowingly or intentionally" mens rea of the 21 U.S.C. § 841(a)(1) coun… |
| 25-5579 |
Kevin Marvell Jackson v. United States |
Tenth Circuit |
2025-09-08 |
Denied |
Response WaivedIFP |
criminal-trial due-process fifth-amendment judicial-coercion jury-instructions sixth-amendment |
Whether the district violate d petitioner's Fifth and Sixth Amendment rights to due process and a fair trial by issuing repeated instructions that for… |
| 25-5429 |
Anthony Brian Walker v. United States |
Tenth Circuit |
2025-08-21 |
Denied |
Response WaivedIFP |
affirmative-defense criminal-procedure jury-instructions self-defense sua-sponte substantial-evidence |
1. In a criminal prosecution, when an affirmative defense—such as imperfect self-defense—is supported by substantial evidence, does the trial court ha… |
| 25A204 |
Jairo Arnaldo Jacome v. United States |
Fourth Circuit |
2025-08-20 |
Presumed Complete |
|
criminal-procedure fourth-circuit jury-instructions plain-error rico-conspiracy substantial-rights |
Question not identified. |
| 25-5396 |
Gregory K. Parks v. Jamie Bullard, Warden |
Fourth Circuit |
2025-08-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions trial-counsel |
t^VA - jo pAVcrA "Me GovemmenA anl Me flnieA rr)en~f n^M"J,
cinooSe. 4t> use leyA glSl&inct. 4o comply unM lU Rr$A rfme^AmenV
t^VA - jo pAVcrA "Me G… |
| 25-5374 |
Artez Hammonds v. Alabama |
Alabama |
2025-08-15 |
Denied |
IFP |
circuit-split due-process jury-instructions prosecutorial-misconduct self-incrimination sixth-amendment |
1. Given an expanding circuit, and now state court, split regarding whether,
under Griffin v. California, 380 U.S. 609 (1965) and Carter v. Kentucky,… |
| 25-5325 |
Robert W. Hassett, III v. Delaware |
Delaware |
2025-08-12 |
Denied |
Relisted (2)IFP |
capital-sentencing constitutional-amendments criminal-procedure death-penalty due-process jury-instructions |
1. Whether the Eighth^hdil '4th Amendments to the United States Constitution are violated,
and this Court 's holdings are contradicted, 1 when a cour… |
| 25A145 |
Jeremy Baum v. Missouri |
Missouri |
2025-08-05 |
Presumed Complete |
|
appellate-review criminal-procedure due-process jury-instructions sexual-trafficking sufficiency-of-evidence |
Question not identified. |
| 25-5266 |
In Re Kimberly Lee Kessler |
|
2025-08-04 |
Denied |
Relisted (2)IFP |
constitutional-violation due-process fair-trial jury-instructions prosecutorial-misconduct right-to-counsel |
Question not identified. |
| 25-130 |
Francis McLain v. United States |
Ninth Circuit |
2025-08-04 |
Denied |
Response Waived |
criminal-conviction indictment-elements jurisdictional-defect jury-instructions rule-60b4 trust-fund-penalty |
I. Can a district court properly deny a motion under Rule 60(b)(4), F.R.Civ.P., to vacate a criminal conviction where the motion shows the conviction … |
| 25A125 |
Markeisha Elliott v. Shannon Olds, Warden |
Sixth Circuit |
2025-07-30 |
Presumed Complete |
|
criminal-procedure due-process ineffective-assistance jury-instructions murder-conviction sixth-amendment |
Question not identified. |
| 25-5157 |
Juan T. Tyler v. Luis Martinez, Warden |
Ninth Circuit |
2025-07-21 |
Denied |
Response WaivedIFP |
attempted-murder due-process ineffective-assistance jury-instructions premeditation prosecutorial-misconduct |
I. Did the Prosecution Proved Beyond a Reasonable Doubt that the Shooter Premeditated and Deliberated an Attempted Murder?
II. Did the Trial Court De… |
| 25-61 |
Mark Murphy and Jennifer Murphy v. United States |
Eleventh Circuit |
2025-07-17 |
Denied |
Amici (3)Response Waived |
circuit-split controlled-substances criminal-law drug-conspiracy jury-instructions statutory-interpretation |
Whether, in a § 846 prosecution for conspiracy to violate § 841, a trial court errs if it fails to correctly instruct the jury on the elements of the … |
| 25-5117 |
George P. Naum, III v. United States |
Fourth Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
controlled-substances jury-instructions medical-purpose mens-rea plain-error subjective-intent |
In Ruan v. United States, 597 U.S. ___ (2022), this Court answered the question on whether a physician alleged to have prescribed controlled substance… |
| 25-5060 |
Harold Alvin Campbell v. Louisiana |
Louisiana |
2025-07-09 |
Denied |
Relisted (2)IFP |
amendment-challenge constitutional-violation intent-to-kill jury-instructions murder-statute negligent-homicide |
WHETHER THE LOUISIANA STATE MURDER STATUTES WHICH INCORP
ORATES " NO INTENT TO KILL ", LSA-RS 14:30.1(2), 14:31(2),
ARE UNCONSTITUTIONALLY A DISTINCT… |
| 25-5005 |
Tawsif Tajwar v. United States |
Sixth Circuit |
2025-07-01 |
Denied |
Response WaivedIFP |
cumulative-error evidence-suppression jury-instructions mental-state sixth-amendment trial-court |
Whether a determinative response by the trial court to a jury question posed during deliberation regarding a question of fact results in prejudice to … |
| 24-7523 |
Sean Kerwin Bindranauth v. United States |
Eleventh Circuit |
2025-06-30 |
Denied |
Response WaivedIFP |
appellate-review circuit-court deliberate-ignorance district-court jury-instructions legal-error |
1. Whether the Eleventh Circuit Court of Appeals erred in denying Peitioner direct review where the district court erred when it instrcuted the jury o… |
| 24-7367 |
Timothy D. Leners v. Ryan Schelhaas, Interim Attorney General of Wyoming, et al. |
Tenth Circuit |
2025-06-06 |
Denied |
Response WaivedIFP |
amendment-rights castle-doctrine jury-instructions no-duty-to-retreat prosecutorial-misconduct self-defense |
ONE:
Were Defendant's 2nd ((or 5th or 6th or 14th)) Amendment Rights violated when he was denied 'No Duty to Retreat' / ('Stand your Ground') Jury ins… |
| 24-7346 |
Seaga Edward Gillard v. North Carolina |
North Carolina |
2025-06-03 |
Denied |
IFP |
capital-punishment criminal-sentencing death-penalty felony-murder jury-instructions supreme-court-precedent |
Whether the Supreme Court of North Carolina violated this Court's precedent when it held that a jury instruction requiring a finding of culpability un… |
| 24-7329 |
Nicco-Kawon Pledger v. Massachusetts |
Massachusetts |
2025-05-30 |
Denied |
Response WaivedIFP |
due-process expert-testimony hearsay-evidence ineffective-assistance jury-instructions trial-procedure |
Counsel ///( <S\S5'/J'/c«ce boher?
4o cW|<nje oP JunK Sew UM &>rnis Ae [>n'™y
^Vi'dtnce. of ^vil-k H-ere, Counsel Q<u(ed +o ck<x//<?^e -fhe. ■deSp/rna… |
| 24-1203 |
Bernhard Jakits v. United States |
Sixth Circuit |
2025-05-27 |
Denied |
Response Waived |
criminal-law federal-criminal-statute jury-instructions minor-protection sexual-exploitation statutory-interpretation |
1. Whether the district court's instructions to the jury
regarding the statutory terms "sexually explicit
conduct" and "lascivious exhibition" were … |
| 24-7142 |
Saad Hanna v. Kimberly A. Nelson, M.D., et al. |
Colorado |
2025-05-07 |
Denied |
Relisted (2)IFP |
constitutional-violation evidence-exclusion ineffective-assistance judicial-error jury-instructions racial-threat |
Whether the trial court errored by erroneously, and constantly using the wrong phrase, saying "Defendant Guilt," Eight times throughout the preliminar… |
| 24-6871 |
Diego J. Jimenez v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2025-03-27 |
Denied |
IFP |
constitutional-violation double-jeopardy due-process judicial-bias jury-instructions structural-error |
Whether a bias and partial Judge that was recused (removed) before trial and any way presiding over a criminal defendant 's trial "created a Structura… |
| 24-6864 |
Darren Latodd Houston v. Texas |
Texas |
2025-03-26 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fundamental-fairness judicial-error jury-instructions |
Question not identified. |
| 24-6841 |
Micah Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-03-25 |
Dismissed |
IFP |
capital-punishment defendant-rights fifth-amendment jury-instructions penalty-phase prosecutorial-misconduct |
Whether reasonable jurists would disagree that a prosecutor violates a capital defendant's Fifth-Amendment right not to testify at the penalty phase b… |
| 24-6785 |
Brian Scott Sharp v. Texas |
Texas |
2025-03-17 |
Denied |
IFP |
constitutional-rights criminal-defense due-process jury-instructions objection-preservation procedural-error |
Question not identified. |
| 24-6702 |
Vincent Adams Vassor v. United States |
Sixth Circuit |
2025-03-05 |
Denied |
Response WaivedIFP |
counsel-objection false-statements jury-instructions jury-testimony legal-procedure witness-credibility |
jLiD-f- ol krvJs m$;J^uc±ed4©-£aiaYJct^p^
w]s4^Q4lHq-i©4j a<r''/ -f
43 -Are .'false, sitcternerris and "false, qoolttb ona
te soicl in -fbe presenc… |
| 24-6653 |
John Douglas Alexander v. Jonathan Nance, Warden |
Fourth Circuit |
2025-02-26 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process implied-malice jury-instructions self-defense |
Court err in finding that the Petitioner was not entitled to a due process review of the newly erased South Carolina Supreme Court procedure, governin… |
| 24-900 |
Parvez Anjum Qureshi v. United States |
Fifth Circuit |
2025-02-20 |
Denied |
Response Waived |
conspiracy constitutional-rights controlled-substances due-process jury-instructions mens-rea |
Where the district court misinforms and errone ously instructs the jury as to the mens rea requirement for Title 21 U.S.C. § 841( a), in violation of … |
| 24-6586 |
Landon Hank Black v. Tennessee |
Tennessee |
2025-02-18 |
Denied |
Response RequestedResponse WaivedRelisted (7)IFP |
burden-of-proof constitutional-limits criminal-procedure due-process jury-instructions second-degree-murder |
1. The defendant was convicted of second-degree murder after he shot a man who approached him aggressively in a parking lot. This factual situation pr… |
| 24-6536 |
Craig Bassett v. Florida |
Florida |
2025-02-11 |
Denied |
Response WaivedIFP |
due-process habeas-corpus jury-instructions sentencing-discretion separation-of-powers sixth-amendment |
1. Did Justice Gorsuch's dissenting opinion in Cunningham v. Florida establish a new precedent that requires retroactive application, or is it a remin… |
| 24-6394 |
In Re Saaed Moslem, et al. |
|
2025-01-27 |
Denied |
Response WaivedIFP |
constitutional-rights judicial-fraud jury-instructions prosecutorial-misconduct statute-of-limitations writ-of-mandamus |
Whether the Second Circuit's failure to address Petitioners' claims of prosecutorial misconduct and judicial fraud, despite multiple emergency motions… |
| 24-6348 |
Christopher Howard v. United States |
Second Circuit |
2025-01-21 |
Denied |
Response WaivedIFP |
constitutional-validity criminal-procedure inter-circuit-split jury-instructions rico-conspiracy vicar-statute |
1. Whether The Second Circuit Court of Appeal's Decisions to overturn the District Court's Acquittal of Petitioner on both the VICAR and 924(c) Counts… |
| 24A603 |
Christopher Thomas v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-12-18 |
Presumed Complete |
|
armed-robbery habeas-corpus ineffective-assistance jury-instructions sixth-amendment strickland-standard |
Question not identified. |
| 24A591 |
Fernando Lopez-Armenta v. United States |
Ninth Circuit |
2024-12-17 |
Presumed Complete |
|
criminal-conviction drug-statute federal-statute jury-instructions ninth-circuit sufficiency-of-evidence |
In a criminal case in which the only defense raised is that the defendant is guilty of a lesser included offense, does the 14th Amendment's guarantee … |
| 24-640 |
Patricia A. Allen v. Scott Bessent, Secretary of the Treasury |
District of Columbia |
2024-12-12 |
Denied |
Response Waived |
causation-standard due-process employment-discrimination jury-instructions retaliation-claim title-vii |
Whether, in a Title VII lawsuit, mixed Title VII claims, where causation evidence and facts supports the employee's Retaliatory Hostile Work Environme… |
| 24-6049 |
Mario Ray Childs v. Jeff Tanner, Warden |
Sixth Circuit |
2024-11-27 |
Denied |
Response WaivedIFP |
constitutional-rights due-process fair-trial ineffective-assistance-of-counsel jury-instructions self-defense |
Was Petitioner Denied His Constitutional Right To Fair Trial And The Effective Assistance Of Counsel Where A Multitude Of Inactions On The Part Of Tri… |
| 24-561 |
RSBCO v. United States |
Fifth Circuit |
2024-11-19 |
Denied |
Response Waived |
attorney-fees fifth-circuit-review invited-error jury-instructions procedural-violation tax-dispute |
1. "Invited Error" Violation. Did the Fifth Circuit err by reversing because of jury instructions that the Government itself drafted?
2. United Domin… |
| 24-5782 |
Harvey Miguel Robinson v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-10-18 |
Denied |
Response WaivedIFP |
federal-circuit-split habeas-corpus jury-instructions legislative-interpretation sentencing-law state-court-review |
(1) Whether, under Simmons v. South Carolina, 512 U.S. 154 (1994), a court may, in the course of instructing the jury that a life sentence means life … |
| 24-409 |
Roderick Jones v. Tommy Bowen, Warden |
Georgia |
2024-10-11 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions sixth-amendment |
Whether McCoy v. Louisiana, 584 U.S. 414 138 S. Ct. 1500 (2018) permits counsel to concede his client's guilt in direct contradiction of his testimony… |
| 24A331 |
Patricia A. Allen v. Janet L. Yellen, Secretary of the Treasury |
District of Columbia |
2024-10-07 |
Presumed Complete |
|
discriminatory-animus job-assignment jury-instructions material-adversity supreme-court-precedent title-vii |
1. Whether Allen retains a constitutional right, under the 5th amendment to the Bill of Rights, to due process and equal protection of the law, to jur… |
| 24-5521 |
Vernon Carter v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2024-09-11 |
Denied |
IFP |
constitutional-rights eighth-amendment fifth-amendment jury-instructions sixth-amendment verdict-form |
The punishable by life "element " for a life sentence must be instructed to jury and place on
the "Verdict " form.
Here in the Petitioner 's case, the… |
| 24-5514 |
Christopher Jensen v. Illinois |
Illinois |
2024-09-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure evidence-law jury-instructions sentencing trial-court |
1) When for A Whit of Cerbirar To decide which leecrd es tle altinse attihat al
2) do tu< dide_rihal Kecard 2 atturabe ac Cortect wtep.
3) When ted … |
| 24-5503 |
Raekwon Malik Patton v. United States |
Eighth Circuit |
2024-09-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-enterprise jury-instructions purpose-element racketeering underlying-offense violent-crimes |
Whether 18 U.S.C. § 1959(a) requires a minimum finding by the jury that the underlying crime was committed as a substantial purpose or integral aspect… |
| 24-5496 |
Jose Manuel Galan v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2024-09-09 |
Denied |
IFP |
child-sexual-abuse criminal-procedure due-process ex-post-facto jury-instructions penal-code |
1. Did the admission of evidence of child sexual abuse accommodation syndrome ("CSAAS") violated Petitioner's due process rights?
2. Did the trial co… |
| 24A240 |
George L. Fields v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-09-05 |
Presumed Complete |
|
constitutional-right exhaustion-requirement ineffective-assistance jury-instructions procedural-default strickland-standard |
Question not identified. |
| 24-5414 |
Cleveland J. Enmon v. United States |
Eleventh Circuit |
2024-08-28 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-conviction eleventh-circuit jury-instructions medical-prescription ruan-standard standard-of-review |
I. Whether the Eleventh Circuit erroneously refused to apply
the Ruan v. United States ruling to Dr. Cleveland Enmon's
case.
II. Whether the Ruan v… |
| 24-5292 |
Shawn Paul O'Brien v. Kansas |
Kansas |
2024-08-09 |
Denied |
IFP |
appellate-review criminal-procedure evidence-admissibility jury-instructions prosecutorial-misconduct sexual-offense |
For the Supreme Court of the United States to Correct these errors from the
Court of Appeals of the State of Kansas and any error found from any other… |
| 24-124 |
Brent Brewbaker v. United States |
Fourth Circuit |
2024-08-05 |
Denied |
|
5th-amendment-6th-amendment'\n\n'Did the court of antitrust-law appellate-review article-1 constitutional-challenge constitutional-error criminal-law criminal-procedure criminal-statute due-process fifth-amendment harmless-error jury-instructions presumption sherman-act sixth-amendment void-for-vagueness |
1. Section 1 of the Sherman Act criminalizes "[e]very
contract ...in restraint of trade." 15 U.S.C. § 1. This
prohibition cannot be applied literally … |
| 24-5211 |
Jerod Askew v. United States |
Fourth Circuit |
2024-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking due-process firearm-possession firearms jury-instruction jury-instructions statutory-interpretation |
Whether a jury instruction under 18 U.S.C. § 924(c), Possession of a Firearm in Furtherance of a Drug Trafficking Crime, requires reference to "mere p… |
| 24-5183 |
Harshadkumar Nanjibhai Jadav v. J. Woodson, Warden |
Fourth Circuit |
2024-07-31 |
Denied |
IFP |
and whether the state prisoner made a proper show actual-innocence aedpa aedpa-standard criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions schlup |
1. What constitutes as 'new' evidence, and whether the state
prisoner made a proper showing of actual innocence under
Schlup?
2. Whether the Virgini… |
| 24-5178 |
Keith Earl Robinson v. Jim Farris, Warden |
Tenth Circuit |
2024-07-30 |
Denied |
IFP |
criminal-procedure defense-strategy due-process ineffective-assistance jury-instructions sixth-amendment sixth-amendment,criminal-procedure,ineffective-ass |
1. Did Mr. Robinson's trial counsel's performance in preparing defense witnesses meet the standards of effective assistance of counsel, as required by… |
| 24-5106 |
Stoney Prior v. United States |
Ninth Circuit |
2024-07-18 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard-of-review circuit-split criminal-defendant-rights criminal-defense jury-instruction jury-instructions reasonable-doubt recognized-defenses third-party-culpability |
1. Is a criminal defendant entitled to a jury instruction on any recognized defense supported by the evidence?
2. If the district court rejects a jur… |
| 24-5037 |
William J. Kemp v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-07-10 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment criminal-procedure due-process griffin-v-california habeas-corpus ineffective-assistance jury-instructions miranda-rights prosecutorial-misconduct sixth-amendment |
1. Does a prosecutor's violations of Federal Due Process, as were identified here by the trial court, or invalid jury instructions warrant habeas reli… |
| 24-5027 |
Jovan Marquis Harris v. United States |
Eighth Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
burrage-v-united-states causation-of-harm criminal-law criminal-procedure drug-distribution evidentiary-hearing federal-statute heroin-distribution jury-instruction jury-instructions overdose sentencing-enhancement |
1. Did the trial court err when it refused to instruct the
jury that the heroin distributed by the defendant was the same
heroin that caused the vict… |
| 24-5006 |
Jason Steven Kokinda v. United States |
Fourth Circuit |
2024-07-03 |
GVR |
IFP |
18-u.s.c-2250 34-u.s.c-20913 change-of-residence chevron-deference criminal-procedure jury-instructions rule-of-lenity sex-offender-registration smart-guidelines statutory-interpretation |
Whether the district court erroneously instructed the jury regarding a crucial element of the criminal offense of failure to register as a sex offende… |
| 23-1321 |
Jeffrey Batio v. United States |
Seventh Circuit |
2024-06-18 |
Denied |
|
criminal-intent fraudulent-intent good-faith good-faith-defense jury-instruction jury-instructions mail-fraud misrepresentation misrepresentations wire-fraud |
Proving federal mail or wire fraud requires proving a defendant's specific intent to defraud. A defendant's good faith that his representations are tr… |
| 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… |
| 23-7716 |
Donte Solomon v. Robert St. Andre, Warden |
Ninth Circuit |
2024-06-13 |
Denied |
Response WaivedIFP |
alcohol-and-drugs constitutional-rights criminal-procedure due-process heat-of-passion jealousy judicial-review jury-instructions jury-selection legal-challenge mental-state provocation |
Question not identified. |
| 23-7703 |
Walter Taylor, III v. Vermont |
Vermont |
2024-06-12 |
Denied |
Response WaivedIFP |
defense-theory due-process fourteenth-amendment jury-instructions jury-trial sixth-amendment voluntary-intoxication |
Is a criminal defendant denied his right to a jury trial under the Sixth Amendment and due process under the Fourteenth Amendment when the trial court… |
| 23-7679 |
Thaddeus Rhodes v. United States |
Eleventh Circuit |
2024-06-10 |
Denied |
Response WaivedIFP |
18-usc-924(c) circuit-split crime-of-violence hobbs-act jury-instructions property-rights realistic-probability-test statutory-interpretation supreme-court-precedent united-states-v-taylor |
The circuits uniformly hold that Hobbs Act robbery is categorically a crime of violence and therefore can support a related conviction under 18 US.C. … |
| 23-7537 |
Mike Austin Anderson v. United States |
Fifth Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
appeal criminal-procedure criminal-trial due-process judicial-procedure jury-instructions jury-verdict motion-to-revoke recusal-motion standard-of-review sufficiency-of-evidence |
1) Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return a guilty ver… |
| 23-7473 |
Cody Ray Leveke, aka Cody Meyer, aka Cody Ray Meyers v. United States |
Eighth Circuit |
2024-05-14 |
Denied |
Response WaivedIFP |
criminal-intent criminal-law due-process first-amendment free-speech jury-instructions subjective-intent supreme-court supreme-court-precedent threat-standard |
Whether jury instructions based on Elonis v. United States (2015) sufficiently
encompass the requirement of "subjective intent to threaten," as articu… |
| 23-7480 |
Sanjay Kumar v. United States |
Fourth Circuit |
2024-05-14 |
Denied |
Response WaivedIFP |
cheek-v-united-states criminal-defense criminal-procedure due-process good-faith-belief jury-instructions subjective-intent tax tax-crime willfulness |
WHETHER JURY INSTRUCTIONS BY THE DISTRICT COURT, ON ONE OF THE ESSENTIAL ELEMENTS OF THE TAX CONVICTION, I.E., WILLFULNESS, BE IMPROPER, IF THEY DISRE… |
| 23-7415 |
Carlos Gomez v. United States |
Second Circuit |
2024-05-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process jury-instruction jury-instructions pinkerton-liability predicate-offense rosemond-v-united-states statutory-interpretation united-states-v-davis vicarious-liability |
1. Whether, following this Court's decision in United States v. Davis, 588 U.S. 445 (2019), a jury instruction permitting a finding of guilt on an 18 … |
| 23-7424 |
Manuel Sepulveda v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-05-08 |
Denied |
Response WaivedIFP |
appellate-review brady-violation certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions |
1. Should this Court resolve a split among the courts of appeals and decide whether an unreasoned blanket denial of a certificate of appealability tha… |
| 23-7391 |
Markeith D. Loyd v. Florida |
Florida |
2024-05-06 |
Denied |
Relisted (2)IFP |
capital-punishment death-penalty eighth-amendment fourteenth-amendment individual-responsibility jury-instructions sentencing-phase |
Where the court in a capital case allows the State to argue that the jury should, or must, try its best to reach a unanimous penalty phase verdict, is… |
| 23-7339 |
Philip Shane Young v. Texas |
Texas |
2024-04-30 |
Denied |
IFP |
appeal criminal-procedure deadly-weapon evidence-sufficiency jury-finding jury-instructions standard-of-review sufficiency-of-evidence |
IS THE EVIDENCE SUFFI CIENT TO SUSTAI N THE JURY'S
FINDING THAT A DEADLY W EAPON W AS USED? |
| 23-7341 |
Ronald Leon Thompson v. Colorado |
Colorado |
2024-04-30 |
Denied |
IFP |
appellate-review consent constitutional-error constitutional-interpretation criminal-procedure harmless-error judicial-definition jury-instructions legal-standard trial-court-discretion |
Whether the Court of Appeals erred in finding the trial court's error in failing to define the term consent was constitutional harmless error. |
| 23-7319 |
Yudith Reynoso-Hiciano v. United States |
Second Circuit |
2024-04-26 |
Denied |
Response WaivedIFP |
aiding-and-abetting burden-of-proof closing-argument criminal-procedure jury-instructions presumption-of-innocence reasonable-doubt |
Whether repeatedly arguing in closing that the defendant 'needed the jury to believe' certain things impermissibly shifted the burden of proof and evi… |
| 23-7298 |
Jonathan Wayne Daniels v. United States |
Eleventh Circuit |
2024-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process eyewitness-identification hobbs-act-robbery jury-instruction jury-instructions suggestive-identification suggestive-procedure third-circuit |
Whether petitioner's jury was adequately "warn[ed] to take care in appraising identification evidence," in accordance with due process, where his jury… |
| 23-7278 |
Kasheen Samuels v. United States |
Second Circuit |
2024-04-19 |
Denied |
Response WaivedIFP |
due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment-modification jury-instructions sixth-amendment |
Did the Second Circuit err in failing to find that Kasheen Samuels' Fifth Amendment rights to an indictment by a Grand Jury and due process and his Si… |
| 23-7242 |
Juan Avendano v. Illinois |
Illinois |
2024-04-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-indictment criminal-procedure double-jeopardy due-process fifth-amendment jury-instructions jury-verdict statutory-interpretation statutory-offense |
Whether a defendant's rights under the Double Jeopardy Clause of the Fifth Amendment are violated when the prosecution brings multiple, factually iden… |
| 23-7207 |
Dwayne K. Taylor v. Illinois |
Illinois |
2024-04-11 |
Denied |
Response WaivedIFP |
constitutional-defect criminal-conviction criminal-procedure double-jeopardy due-process habeas-corpus jury-instructions necessity self-defense sentencing sentencing-enhancement |
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ne^ass^^ even Ahe^ um% Som©
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| 23-7174 |
Richard Lee David Brown v. United States |
Eighth Circuit |
2024-04-09 |
Denied |
IFP |
appellate-review constitutional-challenge criminal-procedure defense-instruction drug-convictions due-process evidence jury-instructions plain-error prior-convictions propensity-evidence |
1. Whether the admission of two prior drug convictions for the purpose of arguing in closing that "[t]he defendant possessed that crack cocaine, and h… |
| 23-7123 |
Ivan Isho v. United States |
Ninth Circuit |
2024-04-02 |
Denied |
Response WaivedIFP |
civil-rights due-process first-amendment free-speech jury-instructions mental-state objective-standard recklessness stalking true-threats |
Whether the Ninth Circuit's decision below violated the standard this Court announced in Counterman—that true threats prosecutions require a mental st… |
| 23-7115 |
Timothy D. Hinkle v. Kentucky |
Kentucky |
2024-04-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process hearsay hearsay-rule jury-instructions prosecutorial-misconduct sexual-assault witness-credibility |
Petitioner was found guilty of rape first-degree, tampering with a witness and assault fourth-degree during trial. The facts of the case, however, log… |
| 23-7105 |
Katherine Barrett v. Kentucky |
Kentucky |
2024-03-29 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process home-incarceration jail-credit jury-instructions presumption-of-innocence prosecutorial-misconduct |
I. THE PROSECUTOR ENGAGED IN FLAGARANT MISCONDUCT
WHEN HE TOLD THE JURY IN CLOSING "THAT THE
PRESUMPTION OF INNOCENCE. . .IS GONE "
II. DID TRIAL C… |
| 23-7091 |
Brandon De McCall v. Texas |
Texas |
2024-03-28 |
Denied |
IFP |
8th-amendment capital-punishment culpability due-process eighth-amendment jury-instruction jury-instructions mitigating-evidence moral-blameworthiness |
Where jurors were instructed that they may only consider mitigating evidence to be evidence that "reduces the defendant's moral blameworthiness," and … |
| 23-7075 |
Breon D. Hicks v. United States |
Eleventh Circuit |
2024-03-26 |
Denied |
Response WaivedIFP |
controlled-substance controlled-substances criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions section-924(c) section-924c unlawful-user |
I. WHETHER THE DISTRICT COURT ERRONEOUSLY INSTRUCTED THE JURY CONCERNING THE SECTION 924(c) CHARGES?
II. WHETHER THE GOVERNMENT ESTABLISHED A KNOWING… |
| 23-1013 |
Dalibor Kabov and Berry Kabov v. United States |
Ninth Circuit |
2024-03-15 |
Denied |
|
brady-violation brady-violations drug-trafficking invited-error invited-error-doctrine jury-instructions napue-violation napue-violations ruan-v-united-states section-841 state-of-mind |
1. Whether this Court should grant, vacate, and remand as to Petitioners' drug distribution convictions in light of Ruan, or in the alternative, grant… |
| 23-6961 |
Jacob Smith v. John Henley, Warden, et al. |
Ninth Circuit |
2024-03-11 |
Denied |
IFP |
burden-of-proof civil-rights constitutional-rights due-process ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct self-representation |
X £r*'ifb A^edq-e^ The Trial frosecaiot lia\ fdhcor\cl\idt~
r^i 4w sh>f% fKe Bo/de/n of froofi kr^cj 7W MfSroiiU faM fa
&) y^eee/vf eyfde/\ceprove My … |
| 23-6890 |
Lamar Larue White v. California |
California |
2024-03-05 |
Denied |
IFP |
brady-material constitutional-rights dna-evidence due-process ineffective-assistance-of-counsel jury-instructions lesser-included-offense sixth-amendment |
in this matter is it legally permissible to 1.) Wherefore
. co.nvict the accused on erroneous jury instructions that do
not prove guilt beyond a reas… |
| 23-6840 |
Suzanne Ellen Kaye v. United States |
Eleventh Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
constitutional-law counterman-v-colorado first-amendment free-speech jury-instructions political-speech true-threats watts-v-united-states |
In threat prosecutions where the defendant mounts a political-speech defense, may trial courts—consistent with the First Amendment—instruct the jury o… |
| 23-928 |
Yun Zheng, aka Wendy Zheng, and Yan Qiu Wu, aka Jason Wu v. United States |
Sixth Circuit |
2024-02-27 |
Denied |
|
circuit-split harboring-aliens harmless-error immigration-law jury-instruction jury-instructions mens-rea neder-v-united-states |
(i) Whether a jury instruction under 8 U.S.C. § 1324(a)(1)(A)(ii), which prohibits the "harbor[ing]" of anyone who is in the United States illegally, … |
| 23-905 |
John William Hanson, III v. United States |
Sixth Circuit |
2024-02-22 |
Denied |
Response Waived |
arrest-time civil-rights criminal-procedure due-process excessive-force false-testimony jury-instructions search-and-seizure sentencing |
1. The Sixth Circuit Court of Appeals has already established that the Petitioner did not Resist Arrest on February 3, 2018. "Hanson did not threaten … |
| 23-897 |
Cidney Bowdean Ingram v. Fredeane Artis, Warden |
Sixth Circuit |
2024-02-21 |
Denied |
Response Waived |
certificate-of-appealability due-process duty-to-retreat home-invasion ineffective-assistance-of-counsel jury-instructions porch-as-part-of-home |
I. A CERTIFICATE OF APPEALABILITY (COA)
SHOULD BE ISSUED WHERE THE DISTRICT
COURT DECIDED THAT TRIAL COUNSEL'S
FAILURE TO REQUEST A JURY
INSTRUCTION T… |
| 23-6788 |
Terrance Fowler v. Pennsylvania |
Pennsylvania |
2024-02-20 |
Denied |
IFP |
constitutional-rights criminal-conviction criminal-procedure due-process jury-instructions maximum-penalty sentencing uncharged-crime |
Can a State deny a defendant due process of law by convicting and sentencing him to the maximum penalty for a crime that he was not charged with, nor … |
| 23-6789 |
Randolph Maya v. Florida |
Florida |
2024-02-20 |
Denied |
Response WaivedIFP |
evidence grand-jury grand-jury-testimony impeachment impeachment-evidence jury-instructions prior-inconsistent-statement substantive-evidence witness witness-testimony |
1. Can a party knowingly call a witness it expects to testify contrary to previous statements in order for those statements to entered as substantive … |
| 23-6716 |
Tommy Lee Walker v. United States |
Ninth Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
2nd-amendment criminal-procedure due-process firearm-interstate-commerce interstate-commerce jury-instruction jury-instructions sixth-amendment speedy-trial-act standing |
1. Where the firearm at issue was manufactured in California and found in
a home in Califo rnia, did the district court err by refusing to give a
requ… |
| 23-6673 |
Lillian Akwuba v. United States |
Eleventh Circuit |
2024-02-06 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure harmless-error intent-element jury-instruction jury-instructions medical-care mens-rea standard-of-care |
In Ruan v. United States, 597 U.S. 450, 454 (2022), this Court held that to convict an authorized person of distributing a controlled substance under … |
| 23-6681 |
Danny Lowe v. United States |
Ninth Circuit |
2024-02-06 |
Denied |
Response WaivedIFP |
appeal criminal-intent due-process harmless-error jury-instruction jury-instructions mens-rea ninth-circuit sex-trafficking |
Danny Ray Lowe was convicted of attempting to sex traffic two fictional minors in an undercover sing. As the Court of Appeals acknowledged, "The criti… |
| 23-6547 |
Billy J. Seabolt v. United States |
Fourth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial jury-instructions jury-trial legal-interpretation prosecutorial-conduct prosecutorial-misconduct right-to-a-fair-trial speedy-trial |
Is n a Or fS cleanly '*)■hrf'ai Me. ic/fen J Ury a ciiS^feSSeJ SikuaH&s? cturfoty a i°iy fr'iCii) Cl/)of; fkey Conk fad lor fhemseineL iky anj Hof <y … |
| 23-6498 |
Kevin Clayton v. United States |
Eleventh Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
conspiracy due-process fifth-amendment jury-instructions jury-trial murder racketeering racketeering-conspiracy sentencing sentencing-enhancement sixth-amendment |
Whether the Due Process Clause of the Fifth Amendment, and the Jury Trial guarantees contained in the Sixth Amendment were violated when the District … |
| 23-6446 |
William Riley Gaul v. Tennessee |
Tennessee |
2024-01-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy judicial-relief jury-instructions jury-verdict logical-inconsistency multiple-count-presentment mutually-exclusive-verdicts powell-v-texas sufficiency-of-evidence |
Whether a jury's positive finding of guilt in one count of a multiple count presentment is mutually exclusive from its illogical, but positive finding… |
| 23-6436 |
Luis Manso v. Patricia McGill, Administrator, Northern State Prison, et al. |
Third Circuit |
2024-01-08 |
Denied |
IFP |
brady-violation court-of-appeals evidence-suppression ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses prosecutorial-misconduct strickland-standard strickland-v-washington strong-evidence |
1. Does Strickland v. Washington allow the Court of Appeals to dismiss the defendant's ineffective assistance of counsel claim based on "strong eviden… |
| 23-6400 |
Michael Hewitt v. United States |
Second Circuit |
2024-01-02 |
Denied |
Response WaivedIFP |
conspiracy criminal-law double-jeopardy drug-distribution evidence jury-instructions |
Should the trial court have acquitted Petitioner of conspiracy to distribute methamphetamine where (1) the evidence at best showed a conspiracy to dis… |
| 23A598 |
Lillian Akwuba v. United States |
Eleventh Circuit |
2023-12-29 |
Presumed Complete |
|
controlled-substances criminal-intent drug-distribution good-faith jury-instructions mens-rea |
Question not identified. |
| 23-6386 |
Michael Andrew King, Jr. v. United States |
Fourth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
appellate-review credibility-determination criminal-procedure due-process due-process-rights evidence jury-instructions jury-trial mask-obstruction witness-credibility witness-testimony |
Whether an appellate court's traditional deference to credibility determinations made by jurors in returning a guilty verdict should give way where th… |
| 23-6358 |
Devadrick Markevin Booker v. United States |
Fifth Circuit |
2023-12-27 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process jury-instructions prosecutorial-evidence reasonable-doubt standard-of-review sufficiency-of-evidence |
Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return guilty verdicts… |
| 23-6369 |
Joseph R. Cyr v. Steven Harpe, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2023-12-27 |
Denied |
Relisted (2)IFP |
burden-of-proof conclusive-presumption criminal-procedure due-process jury-instructions malice-aforethought sandstrom-standard sandstrom-v-montana |
Whether the trial court's charge to Petitioner's jury violate his Due Process rights as articulated in Sandstrom v. Montana, 442 U.S. 510 (1979), beca… |
| 23-6316 |
Daniel Vincent v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. |
Third Circuit |
2023-12-21 |
Denied |
IFP |
alternative-suspects conflict-with-circuits due-process eyewitness-testimony identification-evidence ineffective-assistance jury-instructions mistaken-identification sixth-amendment trial-strategy |
I. Is a defendant denied due process of law if he properly presents a claim to both the State and Federal Courts and neither Court addresses the claim… |
| 23A564 |
Donte Johnson v. Nevada |
Nevada |
2023-12-19 |
Presumed Complete |
|
capital-punishment constitutional-error ineffective-assistance jury-instructions procedural-safeguards sixth-amendment |
Question not identified. |
| 23-650 |
Laura Jordan and Mark Jordan v. United States |
Fifth Circuit |
2023-12-15 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
alternative-theory appellate-review constitutional-error criminal-procedure due-process harmless-error jury-instructions structural-error sufficiency-of-evidence |
I.
Whether an appellate court's harmless-error analysis of
constitutional alternative theory error in jury instructions must decline to find the erro… |
| 23-638 |
Kenneth Wendell Ravenell v. United States |
Fourth Circuit |
2023-12-13 |
Denied |
Amici (2) |
burden-of-proof circuit-split conspiracy criminal-conspiracy criminal-procedure federal-prosecution jury-instructions money-laundering non-overt-act-conspiracy statute-of-limitations |
Whether, to comply with 18 U.S.C. § 3282(a) in a prosecution for a non-overt act conspiracy, the government bears the burden of proving to a jury that… |
| 23-631 |
Hollis Morrison Greenlaw, et al. v. United States |
Fifth Circuit |
2023-12-12 |
Denied |
|
appellate-review constitutional-error criminal-procedure harmless-error intent-to-defraud jury-instructions scheme-to-defraud structural-error |
Petitioners were charged with fraud offenses, all of which had as an element "intent to defraud" and most of which also had as an element "scheme to d… |
| 23-6211 |
Bernard Antoine Hardrick v. Michigan |
Michigan |
2023-12-08 |
Denied |
Response WaivedIFP |
adjudication civil-rights criminal-conviction criminal-enterprise due-process evidence-sufficiency exclusion jury-instructions prosecutorial-burden prosecutorial-misconduct self-representation trial-court-error |
I. Did The Trial Court Violate Petitioner's Right To Be Present Right To Counsel, And Right To Self-Representation When It Improperly Excluded Petitio… |
| 23-6179 |
Anibal Miranda-Montanez v. United States |
First Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
appellate-review case-review criminal-procedure due-process judicial-review jury-instructions legal-sufficiency procedural-challenge standard-of-review sufficiency-of-evidence trial-evidence verdict-challenge |
Whether The Evidence Was Insufficient for the Verdict to Stand. |
| 23-6141 |
Arthur Grady v. Charles Truitt, Warden |
Seventh Circuit |
2023-11-30 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance-of-counsel jackson-v-virginia jury-instructions special-verdict strickland-v-washington sufficiency-of-evidence united-states-v-powell |
During Petitioner Arthur Grady's murder trial, the State pursued a single theory of guilt: Grady shot and killed the victim. The jury explicitly rejec… |
| 23-6130 |
Sylvia Hofstetter v. United States |
Sixth Circuit |
2023-11-29 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instructions mens-rea plain-error ruan-standard ruan-v-united-states sixth-circuit |
1. On October 17, 2022, this Court vacated the opinion of the Sixth Circuit affirming Petitioner Sylvia Hofstetters convictions and remanded for furth… |
| 23-6116 |
Cynthia Clemons v. United States |
Sixth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instruction jury-instructions mens-rea plain-error ruan-v-united-states sixth-circuit supreme-court-precedent |
On October 17, 2022, this Court vacated the opinion of the Sixth Circuit affirming Petitioner Cynthia Clemons' convictions and remanded for further pr… |
| 23-6122 |
Courtney Newman v. United States |
Sixth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instructions mens-rea plain-error ruan-v-united-states |
On October 17, 2022, this Court vacated Petitioner Newman's conviction in light of Ruan v. United States, 142 S. Ct. 2370, 213 L. Ed. 2d 706 (2022) an… |
| 23-553 |
William Clark Turner v. United States |
Ninth Circuit |
2023-11-22 |
Denied |
Response Waived |
burden-of-proof civil-rights criminal-statute due-process federal-jurisdiction flight-attendant free-speech intimidation jury-instructions statutory-interpretation |
1. Did the inclusion of multiple alternative definitions of "intimidate" within the jury instructions for the charged violation of 49 U.S.C. section 4… |
| 23-6091 |
Valentino Bernard Lee v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2023-11-22 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process firearm-possession jury-instructions legal-principles mandatory-minimum mandatory-minimum-sentence possession-of-firearm sentencing statutory-interpretation |
Whether the trial court erred in sentencing defendant to a mandatory 11 year sentence under the 10-20-Life statute for possession of a firearm when th… |
| 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 |
1. 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… |
| 23-6062 |
Holli Womack v. United States |
Sixth Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-offenses jury-instructions plain-error ruan-standard sixth-circuit standard-of-review supreme-court-precedent |
On October 17, 2022, this Court vacated Petitioner Womack's conviction in light of
Ruan v. United States, 142 S. Ct. 2370, 213 L. Ed. 2d 706 (2022) an… |
| 23-6000 |
Tyler Catlin Borg v. California |
California |
2023-11-15 |
Denied |
Response WaivedIFP |
constitutional-due-process criminal-law criminal-procedure due-process first-degree-murder intent jury-instructions lying-in-wait murder-intent |
1. Can a person be guilty of 1st degree murder without intent to kill or injure?
2. Does CALCRIM 521 unconstitutionally omit the intent element of fi… |
| 23-5996 |
Lyndon Fitzgerald Pace v. Shawn Emmons, Warden |
Eleventh Circuit |
2023-11-13 |
Denied |
Relisted (9)IFP |
aedpa capital-sentencing constitutional-error death-penalty due-process ineffective-assistance jury-argument jury-instructions prosecutorial-misconduct right-to-silence |
Lyndon Pace was convicted of four counts of malice murder in an Atlanta, Georgia trial. Thereafter, the prosecutor asked jurors to sentence him to dea… |
| 23-5997 |
James Baxton v. United States |
Fourth Circuit |
2023-11-13 |
Denied |
Response WaivedIFP |
criminal-enterprise ineffective-assistance-of-counsel interdependence jury-instructions predicate-acts racketeering-conspiracy |
The U.S. Constitution demands that a conviction may stand only on evidence of each element of the offense proved beyond a reasonable doubt. When an el… |
| 23-5927 |
Katerin Martinez-Alberto v. United States |
First Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony |
1. Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination?
2. In a multi-… |
| 23-5896 |
Frank Richardson v. United States |
Sixth Circuit |
2023-10-27 |
Denied |
Response WaivedRelisted (3)IFP |
§2255-motion 924(c) civil-rights constitutional-rights due-process indictment ineffective-assistance jury-instructions plain-error sentencing sentencing-jurisdiction |
Did both the District Court and Sixth Circuit Court of Appeals violate Petitioner's constitutional rights by denying his motion to Vacate, Set aside, … |
| 23-5894 |
Myron Lee Brandon v. United States |
Eighth Circuit |
2023-10-26 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment 6th-amendment consent criminal-procedure due-process evidence evidence-exclusion fifth-amendment jury-instructions sixth-amendment transportation-of-minors |
I. The District Court violated the Defendant's Fifth and
Sixth Amendment rights by excluding evidence and Arg
ument under Fed. R. Evid . 412, specific… |
| 23-5806 |
Jason Wayne Oien v. Chad Pringle, Warden |
Eighth Circuit |
2023-10-18 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure criminal-trial due-process jury-instructions marijuana prejudicial-evidence retroactivity sentencing |
Question not identified. |
| 23-5837 |
Spencer Wallace v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2023-10-18 |
Denied |
Response WaivedIFP |
constitutional-rights court-interpretation due-process francis-v-franklin judicial-review jury-instructions legal-precedent precedent statutory-provisions trial-court-instructions |
DID THE LOWER COURT ERR WHEN IT HELD THAT THE TRIAL COURT INSTRUCTION
DID NOT VIOLATE WALLACE'S CONSTITUTIONAL RIGHT TO DUE PROCESS?
DID THE LOWER C… |
| 23-406 |
Taylor J. Matson v. United States |
Ninth Circuit |
2023-10-18 |
Denied |
Response Waived |
case-agent criminal-procedure evidence evidence-summary jury-inference jury-instructions lay-opinion lay-witness-testimony legal-interpretation plain-language-interpretation summary-of-evidence witness-testimony |
Whether case agents may offer lay opinions summarizing evidence, interpreting plain language, and drawing inferences from evidence that only a jury ma… |
| 23-5820 |
William H. Cornelius v. Florida |
Florida |
2023-10-17 |
Denied |
Response WaivedIFP |
6th-amendment due-process federal-jurisdiction first-amendment fourteenth-amendment jury-instructions non-delegation-doctrine separation-of-powers sixth-amendment state-courts |
1.) IN LIGHT OF ALEXANDER HAMILTON'S ASSERTIONS IN "THE FEDERALIST PAPERS" NO. 80, IS IT THE OBLIGATION OF THE UNITED STATES SUPREME COURT TO RESOLVE … |
| 23-5785 |
Joshua Aston v. Arizona |
Arizona |
2023-10-16 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process jury-instructions reopening-of-case right-to-present-defense right-to-testify sixth-amendment trial-procedure unanimous-jury |
Where a defendant wasn't afforded the opportunity to testify, did the trial court or defense counsel violate a defendant's right to testify and presen… |
| 23-5707 |
Edward James Steiner v. Washington |
Washington |
2023-10-03 |
Denied |
IFP |
case-review criminal-conviction criminal-procedure due-process evidence-tampering insufficient-evidence judicial-process jury-instructions legal-procedure prosecutorial-misconduct right-to-fair-trial |
(1) Was there prosecutor misconduct?
(2) Was there tampering of evidence?
(3) Was the Indictment not guilty?
(4) Is there witness tampering?
(5) W… |
| 23-5645 |
Robert Eugene Stallings v. United States |
Fifth Circuit |
2023-09-26 |
Denied |
Response WaivedIFP |
constitutional-challenge counterman-precedent criminal-intent criminal-procedure due-process first-amendment harmless-error jury-instruction jury-instructions procedural-error statutory-interpretation sufficiency-of-evidence |
Whether Counterman v. Colorado, decided after the decision below, shows that 18
U.S.C. §1038(a) should be read to require proof that the defendant int… |
| 23-5616 |
Isaac Kipkurui Biegon v. United States |
Fifth Circuit |
2023-09-20 |
Denied |
Response WaivedIFP |
accomplice-testimony confrontation-clause conspiracy-evidence conspiracy-hearsay corroboration corroboration-evidence criminal-procedure due-process hearsay jury-instructions sixth-amendment |
This petition seeks a review of a wrongful alleged conspiracy conviction.
A. There are three foundational prerequisites which must be established to … |
| 23-266 |
Javaar Yavonnie Kalem Watkins v. United States |
Eighth Circuit |
2023-09-20 |
Denied |
Response Waived |
constitutional-error conviction-reversal criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt structural-error |
The Constitution requires the Government to persuade a jury "beyond reasonable doubt" in order to sustain a conviction. Over Watkins' objection, the r… |
| 23-238 |
Roger Dale Anderson v. United States |
Sixth Circuit |
2023-09-12 |
Denied |
|
comport with the Supreme Court's holding in Ruan which did not explicitly reference the Controlled controlled-substances-act criminal-law criminal-procedure due-process jury-instructions medical-practice medical-professional-liability mens-rea statutory-interpretation |
In Ruan v. United States, 142 S. Ct. 2370 (2022), this Court held that a physician may be convicted under 21 U.S.C. § 841(a)(1), of the Controlled Sub… |
| 23-5554 |
Cameron L. Hickman v. United States |
Fifth Circuit |
2023-09-12 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-trial due-process jury-instructions prosecutorial-burden reasonable-doubt sexual-assault standard-of-review sufficiency-of-evidence |
Whether the prosecution presented sufficient evidence at trial to establish the elements of the alleged crime. |
| 23-5515 |
Carmen Saldana Meyer v. United States |
Fifth Circuit |
2023-09-05 |
Denied |
Response WaivedIFP |
criminal-procedure extraterritorial-jurisdiction federal-kidnapping-act foreign-commerce jurisdictional-basis jury-instructions kidnapping united-states unlawful-act |
Whether the Federal Kidnapping Act authorizes a conviction where the foreign commerce jurisdictional basis was the defendant's travel in foreign comme… |
| 23-5513 |
Rickeena Hamilton v. Tennessee |
Tennessee |
2023-09-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense right-to-present-defense second-degree-murder |
1. The defendant was convicted of second-degree murder after she stabbed a man who had attacked her in a bar without any provocation. This factual sit… |
| 23-5486 |
Gilberto Gonzalez-Gonzalez v. United States |
Eleventh Circuit |
2023-08-30 |
Denied |
Response WaivedIFP |
burden-shifting carella-v-california criminal-trial due-process francis-v-franklin joint-possession jury-instructions legal-precedent mandatory-presumptions |
Whether, after Francis v. Franklin, 471 U.S. 307 (1985) and Carella v. California, 491 U.S. 263 (1989), the burden-shifting jury instructions on joint… |
| 23-5458 |
Kimeo Delmar Conley v. Jason Wells, Warden |
Seventh Circuit |
2023-08-28 |
Denied |
Response WaivedIFP |
4th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fourth-amendment jury-instructions sixth-amendment statutory-interpretation |
Question not identified. |
| 23-5440 |
Roman Andreyevich Glukhoy v. California |
California |
2023-08-25 |
Denied |
Response WaivedIFP |
appellate-review chapman-standard chapman-v-california criminal-procedure harmless-error jury-instructions legal-theory prejudice prejudicial-error standard-of-review |
1. When a defendant is convicted after a trial court instructs a jury on two theories of
guilt, one of which is legally correct and one legally incorr… |
| 23-5426 |
Christopher Robertson v. United States |
Fourth Circuit |
2023-08-24 |
Denied |
Response WaivedIFP |
attempted-robbery constitutional-law criminal-conviction criminal-law federal-criminal-procedure hobbs-act jury-instructions misstatement-of-law residual-clause sentencing statutory-interpretation supreme-court |
1) CAN A DEFENDANT BE CONVICTED OF A 4(c) OFFENSE IF DEFENDANT WAS CONVICTED OF ATTEMPTED HOBBS ACT ROBBERY?
2) CAN A DEFENDANT BE CONVICTED OF A OFF… |
| 23-5423 |
Andre Monteek Edwards v. Kim Cargor, Warden |
Sixth Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
accident accident-defense criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice prejudice-analysis second-degree-murder self-defense strickland-standard |
1(a). DOES A SECOND DEGREE MURDER CONVICTION PRECLUDE A SHOWING OF PREJUDICE WHEN COUNSEL'S ERRORS WHICH PRECLUDED THE JURY'S CONSIDERATION OF MICHIGA… |
| 23-5390 |
Neeraj Chopra v. United States |
Eighth Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process essential-elements indictment indictment-modification jury-instruction jury-instructions sexual-assault sexual-contact statutory-interpretation |
A jury instruction constructively amends the indictment if it modifies the essential elements of the offense charged in the indictment. Chopra's indic… |
| 23-5375 |
Isidro Miguel Delacruz v. Texas |
Texas |
2023-08-17 |
Denied |
IFP |
8th-amendment capital-sentencing constitutional-proportionality death-penalty due-process jury-instructions mitigation-evidence moral-culpability |
Can the Texas death penalty statute, which instructs the jury to consider "the circumstances of the offense, the defendant's character and background,… |
| 23-5362 |
Jerry Lee Beale, Jr. v. Mississippi |
Mississippi |
2023-08-16 |
Denied |
Response WaivedIFP |
attempted-murder civil-rights criminal-intent criminal-procedure due-process hearsay hearsay-testimony intent jury-instructions officer-testimony trial-procedure |
A. Whether the indictment is defective for failure to allege what act Beale committed in furtherance of his attempt to kill the officers.
B. Whether … |
| 23-5369 |
Dallas Terrell Smith v. United States |
Eleventh Circuit |
2023-08-16 |
Denied |
IFP |
circuit-split criminal-law false-statement false-statements firearms firearms-transaction jury-instructions materiality statutory-interpretation |
In the Eleventh Circuit, in a prosecution for making a false statement in connection with the acquisition of a firearm in violation of 18 U.S.C. § 922… |
| 23-5336 |
Maurice Walker v. Nicholas Lamb, Warden |
Eighth Circuit |
2023-08-10 |
Denied |
IFP |
constitutional-rights due-process felony-murder ineffective-assistance ineffective-counsel jury-instructions prosecutorial-misconduct reasonable-doubt |
1) In this case the Uniform (Iowa) Jury Instructions were used and
presented to the Jury, where Felony Murder-Rule was applied. The
Jury convicted W… |
| 23-5303 |
Jeanne Germeil v. United States |
Eleventh Circuit |
2023-08-09 |
Denied |
Response WaivedIFP |
controlled-substances controlled-substances-act criminal-procedure expert-testimony good-faith jury-instructions medical-practice ruan-v-united-states |
1. Whether the United States Supreme Court's Decision in Ruan v. United States Warrants Certiorari Review of the Court's Refusal to Instruct the Jury … |
| 23-5314 |
Joe Crawford v. United States |
Fifth Circuit |
2023-08-09 |
Denied |
Response WaivedIFP |
confidential-informant criminal-law criminal-procedure due-process evidence evidence-sufficiency felony-conviction jury-instructions mens-rea reasonable-doubt rehaif-standard réhaif-v-united-states |
WHETHER IN LIGHT OF Rehaif v. United States, 139 S. Ct. 2191 204 L.Ed.2d (2019), WAS THE EVIDENCE INSUFFICIENT TO SUSTAIN A CONVICTION WHEN THE GOVERN… |
| 23-5281 |
Morris Scott Holmes v. Tommy Bowen, Warden |
Georgia |
2023-08-04 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure double-jeopardy due-process fair-trial habeas-corpus ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct |
I. D&U.BLS. IT£/SPAf\-DY 1 f*g4i4i an.i4r U/£LS faiLiud *rUfl4 du.il4u v of WaLiCd. flluftlCr
fcdiLnil Dfde ^ t\\n.ct^£ of i/udicfmeAi + 'i'lLoHXX ^f… |
| 23-5292 |
Carlos Arturo Patino Restrepo v. United States |
Second Circuit |
2023-08-04 |
Denied |
Response WaivedIFP |
conspiracy constructive-amendment criminal-procedure due-process indictment jury-instructions prosecutorial-discretion |
Where an indictment alleges a conspiracy involving a specific group, does a district court's conspiracy instructions which removes any mention of the … |
| 23-5266 |
Mantell Alabi Stevens v. United States |
Sixth Circuit |
2023-08-02 |
Denied |
Response WaivedIFP |
circuit-split controlled-substance criminal-conviction criminal-law drug-distribution due-process jury-instructions reasonable-doubt sentencing sentencing-enhancement sufficiency-of-evidence |
1. Can a court send a case to the jury when the evidence is
only sufficient to give them a choice between probabilities
instead of being sufficient to… |
| 23-5257 |
Angel Rios-Edeza v. United States |
Ninth Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
burden-of-proof closing-argument criminal-procedure due-process evidence-vouching jury-instructions ninth-circuit prosecutorial-misconduct rebuttal-argument |
Prosecutors are allowed to strike hard blows but not foul ones. Here, in closing and rebuttal argument, the prosecutor vouched for the evidence, impro… |
| 23-5200 |
Augustine Rincon Medina v. California |
California |
2023-07-26 |
Denied |
IFP |
birks-rule constitutional-law criminal-charging criminal-procedure due-process jury-instructions lesser-included-offense lesser-offense prosecutorial-discretion |
Should the Rule announced in People v. Birks (1998) 19 Cal.4th 108, which permits a Prosecutor to veto a Defendant's request for an instruction on a L… |
| 23-5201 |
Andrew Valenzuela v. Roberto A. Arias, Warden |
Ninth Circuit |
2023-07-25 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-conviction criminal-law due-process duress-defense habeas-corpus judicial-proceedings jury-instructions |
On November 6, 2009, nineteen-year-old Andrew Valenzuela—along with David Padilla and Jessica Garcia—got in a car with a 32-year-old serial killer who… |
| 23-5152 |
Angel Maldonado v. Pennsylvania |
Pennsylvania |
2023-07-20 |
Denied |
Response WaivedIFP |
criminal-procedure curative-instruction ineffective-assistance ineffective-assistance-of-counsel jury-instructions pennsylvania-supreme-court reasonable-doubt state-court-review |
1. Whether the Pennsylvania Supreme Court erred when it denied Petitioner's request for a new trial based on trial counsel's ineffectiveness for faili… |
| 23-5118 |
In Re Dustin Ray Braddock |
|
2023-07-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process expert-testimony jury-instructions prosecutorial-misconduct structural-error subject-matter-jurisdiction supreme-court trial-error |
Whether the District Court erred in denying petitioner Braddock's right to expert and precipient witness testimony, and whether prosecutorial miscondu… |
| 23-5094 |
Adam Jason Poitra v. United States |
Eighth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
aggravated-sexual-abuse criminal-procedure due-process jury-instructions sexual-abuse sixth-amendment unanimity unanimity-instruction |
When the government introduces evidence of multiple
alleged instances of sexual abuse to prove a single count
of aggravated sexual abuse in violation … |
| 23-5043 |
Coby Quinton Ceaser v. Tim Hooper, Warden |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-suppression ineffective-assistance jackson-standard jury-instructions prosecutorial-misconduct right-to-present-defense right-to-testify trial-fairness |
Can the Jackson standard be satisfied when relevant, material, and appreciable evidence is impermissibly kept from the juiy?
Was Ceaser's trial rende… |
| 22-7905 |
Tikisha Upshaw v. California |
California |
2023-06-29 |
Denied |
IFP |
cell-phone-location co-defendant criminal-procedure due-process evidence-admissibility expert-witness fair-trial jury-instructions police-testimony scientific-reliability witness-testimony |
Question not identified. |
| 22-7842 |
Dashawn Lewis v. United States |
Ninth Circuit |
2023-06-22 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure directed-verdict due-process judicial-error jury-instruction jury-instructions ninth-circuit reasonable-doubt |
Whether the last sentence of the Ninth Circuit's pattern jury instruction on reasonable doubt, telling jurors that "if after a careful and impartial c… |
| 22-7826 |
Ronell Watson v. United States |
Second Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment attempted-murder constitutional-rights fifth-amendment jury-instructions premeditation sentencing-guidelines sixth-amendment statutory-maximum |
Is premeditation an element of attempted murder under the federal system, such that the Government violated Petitioner's Fifth and Sixth Amendments ri… |
| 22-7812 |
Miguel A. Cisneros v. Trent Allen, Warden |
Ninth Circuit |
2023-06-16 |
Denied |
Relisted (2)IFP |
14th-amendment appellate-review civil-rights constitutional-rights conviction criminal-procedure due-process evidence judicial-procedure jury-instructions legal-standing |
Question not identified. |
| 22-7788 |
Deandre J. Baskerville v. Tim McConahay, Warden |
Sixth Circuit |
2023-06-14 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights due-process equal-protection fair-trial jury-instructions prosecutorial-misconduct self-defense |
Question #1: Was Petitioner's due process and equal protection of law rights to a fair trial under the 14th Amendment of the U.S. Constitution violate… |
| 22-7731 |
Roy Lee Jones, Jr. v. United States |
Fifth Circuit |
2023-06-08 |
Denied |
Response WaivedIFP |
burden-of-proof controlled-substances criminal-procedure drug-conspiracy due-process essential-elements evidence fifth-circuit-precedent jury-instructions sentencing sentencing-issue standard-of-proof |
In addressing Roy Lee Jones, Jr.'s claim that the evidence in this methampethamine prosecution supported only a conviction for conspiracy to possess w… |
| 22-1175 |
Xiulu Ruan and John Patrick Couch v. United States |
Eleventh Circuit |
2023-06-05 |
Denied |
Amici (3) |
agency-rulemaking controlled-substances-act criminal-conviction federal-agency felony-offense jury-instruction jury-instructions medical-practice prescription-authority statutory-interpretation |
In Ruan v. United States, 142 S. Ct. 2370 (2022) (App., infra, 19a-54a), this Court held that a physician may be convicted under 21 U.S.C. § 841(a)(1)… |
| 22-1139 |
Victor Santana v. Texas |
Texas |
2023-05-23 |
Denied |
Response RequestedRelisted (2) |
bolstering-evidence criminal-appeal criminal-procedure hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-bad-act-evidence prior-bad-acts trial-counsel |
Did the Court of Criminal Appeals err in finding that trial counsel's errors did not amount to ineffective assistance of counsel? |
| 22-7621 |
Jerry Elkins v. United States |
Eighth Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
civil-rights constructive-amendment criminal-procedure due-process federal-jurisdiction fraud-on-the-court hazel-atlas-fraud interstate-commerce jury-instructions rico-violation |
Whether the convictions of Petitioner, to include twenty-one (21) other Defendants, was in violation of the U.S. Constitution as the instant indictmen… |
| 22-7438 |
Frank Nellom v. United States District Court for the Eastern District of Pennsylvania |
Third Circuit |
2023-05-03 |
Denied |
Response WaivedRelisted (2)IFP |
court-order criminal-procedure double-jeopardy due-process expungement fourteenth-amendment judicial-interpretation jury-finding jury-instructions rape-conviction |
A. Did the honorable Philadelphia Court of Common Pleas Judge Joan A. Brown find the Commonwealth v. Frank Nellom, 565 A.2d 770 (Pa. Super. 1989) Cour… |
| 22-7449 |
Robert Richard Spurling, III v. Arizona |
Arizona |
2023-05-03 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights constitutional-interpretation due-process federal-law jury-instructions retroactive-application sexual-abuse state-courts statutory-amendment statutory-interpretation |
Does a state court's decision that a state statute prevents the state courts from conducting analysis pursuant to the United States Supreme Court prec… |
| 22-7435 |
Alex Smith v. United States |
Fourth Circuit |
2023-05-01 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process fifth-amendment jury-instruction jury-instructions reasonable-doubt |
Does the Due Process Clause of the Fifth Amendment require a trial court to instruct, or refuse to instruct, the Jury on the fundamental meaning of "B… |
| 22-7397 |
Daniel Kim v. Massachusetts |
Massachusetts |
2023-04-28 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-speech due-process fighting-words first-amendment free-speech jury-determination jury-instructions speech-protection state-court true-threats |
1. Whether a state court is prohibited from unilaterally determining whether a defendant's written speech on his blog is protected or criminal, withou… |
| 22-7351 |
Leonard Scaggs v. A. Ciolli, Warden |
Ninth Circuit |
2023-04-24 |
Denied |
Response WaivedIFP |
28-usc-2241 actual-innocence habeas-corpus jury-instructions rosemond-decision savings-clause section-2241 supreme-court-precedent united-states-v-rosemond |
Whether this Court's decision in United States v. Rosemond was available to petitioner in a motion filed pursuant to 28 U.S.C. § 2241 under the "savin… |
| 22-7346 |
John G. Calhoun v. Florida |
Florida |
2023-04-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process estelle-v-mcguire habeas-corpus jury-instruction jury-instructions legal-precedent lisenba-v-california manslaughter trial-fairness |
Whether the inaccurate jury instruction on Manslaughter by Act so infused
the trial with unfairness as to deny the Petitioner's right to Due Process o… |
| 22-7348 |
Joel Suarez v. Chris Brewer, Warden |
Eighth Circuit |
2023-04-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining right-to-counsel sixth-amendment trial-counsel |
Ineffective Assistance Of Counsel
Counsel failed to get a interpreter.
Counsel was ineffective in the plea-bargain process.
Counsel failed to object t… |
| 22-7333 |
David Jah, Sr. v. United States |
Ninth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
civil-rights commerce-clause criminal-procedure due-process interstate-commerce jury-instruction jury-instructions pro-se-representation sixth-amendment speedy-trial speedy-trial-act |
1) Will the theory of the government, assisted by their witnesses, known to be
fabricated, asserted to be harmful and outreagous conduct, be enough t… |
| 22-7282 |
David William Linder v. Brian Lammer, Warden |
Seventh Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
analogue-drugs controlled-substances criminal-procedure drug-statute federal-cases jury-instructions mens-rea standing supreme-court-rule-14.1(b) |
Can the drug death statute, 21 § 841(b)(1)(C) be enlarged to include analogue drugs?
Can a McFadden review of a defendant's mens rea be performed by … |
| 22-7292 |
Jason Edward Simpson v. United States |
Fifth Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
21-usc-841 controlled-substances-act criminal-procedure due-process jury-finding jury-instructions knowledge-element mens-rea reasonable-doubt statutory-minimum-maximum statutory-sentencing |
1. Whether a conviction of a substantive offense under 21 U.S.C. § 841 of the Controlled Substances Act ("CSA") requires that a jury find beyond a rea… |
| 22-7215 |
Robert William Wazney v. South Carolina |
South Carolina |
2023-04-05 |
Dismissed |
Response WaivedRelisted (2)IFP |
appellate-procedure constitutional-review criminal-procedure direct-review due-process exhaustion-of-remedies jury-instructions post-conviction-relief retroactivity state-court-jurisdiction |
Subsequent Petitioner's conviction/ while his case was under direct review, State High-Court held in an unrelated case—Stukes [1]—that the trial court… |
| 22-966 |
Cavanta McLilly v. Adam Douglas, Warden |
Sixth Circuit |
2023-04-05 |
Denied |
Response Waived |
alleyne-violation criminal-procedure due-process evidence harmless-error jury-instructions jury-verdict police-testimony sentencing-review standard-of-review surveillance-video |
I. Whether police testimony identifying Mr. McLilly as the perpetrator seen on a surveillance video from the crime scene had a substantial and injurio… |
| 22-7158 |
Reginald Langston Luster v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-testify stand-your-ground trial-counsel |
I. Whether Petitioner Luster Is Entitled to a Certificate of Appealability on the Question Whether the State Court Erred in Denying Luster's Claim Tha… |
| 22-7124 |
Ricky Lee Scott v. Dexter Payne, Director, Arkansas Division of Correction |
Arkansas |
2023-03-28 |
Denied |
Response WaivedIFP |
constitutional-violation due-process first-degree-murder jury-instructions life-imprisonment state-procedural-default trial-error waiver |
WHETHER PETITIONER SCOTT'S RIGHT TO DUE PROCESS OF LAW WAS VIOLATED WHEN HE WAS CONVICTED IN A JURY TRIAL OF FIRST-DEGREE MURDER AND SENTENCED TO LIFE… |
| 22-7024 |
In Re Kevin Ogden |
|
2023-03-16 |
Denied |
IFP |
civil-rights constitutional-law constitutional-rights criminal-law criminal-statute due-process insufficient-evidence jury-instructions legal-interpretation statutory-interpretation |
There was insufficient evidence to convict. The N.M. Embezzlement Statute clearly says the owner's name must be used in the Criminal Complaint and Inf… |
| 22-6968 |
Thomas Marmolejos v. United States |
Second Circuit |
2023-03-08 |
Denied |
Response WaivedIFP |
crime-of-violence crimes-of-violence criminal-procedure due-process jury-instruction jury-instructions legal-error predicate-offense section-924(c) section-924(j) sentencing |
Can a section 924(c) and 924(j) charge that alleges multiple predicates stand when one or more of the predicates no longer qualifies as a crime of vio… |
| 22-855 |
Keith Raniere v. United States |
Second Circuit |
2023-03-08 |
Denied |
Response Waived |
cross-examination due-process harmlessness harmlessness-standard judicial-intervention jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony |
Because it impacts upon the very structure of
the trial, should a finding of absolute harmlessness,
rather than harmlessness beyond a reasonable doubt… |
| 22-839 |
Daniel Greer v. Connecticut |
Connecticut |
2023-03-03 |
Denied |
Response Waived |
constitutional-law criminal-procedure due-process evidence jury-instructions propensity propensity-evidence sex-crimes sexual-misconduct |
Is the Due Process Clause violated when a jury at a sex crimes trial is instructed that evidence of uncharged sexual misconduct "is admissible and may… |
| 22-6893 |
James Alvin Chaney, aka Ace Chaney v. United States |
Sixth Circuit |
2023-03-01 |
Denied |
Response WaivedIFP |
burden-of-proof court-officers criminal-procedure due-process evidentiary-hearing ex-parte-discussions juror-misconduct jury-instructions united-states-v-ruan unrecorded-ex-parte-discussions |
Number 1:
In light of United States v. Ruan, were the jury instructions in
Chaney incorrect and should Dr. Chaney's conviction be vacated?
Number 2:
… |
| 22-6901 |
Brandon L. Johnson v. Illinois |
Illinois |
2023-03-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment illinois-constitution ineffective-assistance ineffective-assistance-of-counsel jury-instructions knowingly-standard seventh-amendment |
1. Whether the State violated the Due Process clause where it induced jurors with an incorrect legal definition of "knowingly", in such a way that rel… |
| 22-6828 |
Luis Espinoza v. Tammy Foss, Warden |
Ninth Circuit |
2023-02-22 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment confrontation-clause criminal-procedure due-process fourteenth-amendment jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony |
Were Mr. Espinoza's Sixth and Fourteenth Amendment rights violated by: (1) the jury's viewing a witness's refusal to testify; (2) the prosecutor askin… |
| 22-6835 |
Deon'te Reed v. United States |
Ninth Circuit |
2023-02-22 |
Denied |
Response WaivedIFP |
924c-conviction brecht-standard conspiracy-liability criminal-procedure drug-trafficking due-process harmless-error jury-instruction jury-instructions robbery-conspiracy stromberg-error |
In applying harmless error review under Brecht, may a federal court disregard the prejudice resulting from Stromberg error, i.e., the jury's considera… |
| 22-6747 |
Jimmy Wayne Guinard v. Kris Mayes, Attorney General of Arizona, et al. |
Ninth Circuit |
2023-02-10 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fair-trial jury-instructions prosecutorial-misconduct sentencing vouching |
The jury, whern he has never had charges of that nature and
was charged with drug offerses. violate petotioner's uis.c.lothand 14th
Amendment rights t… |
| 22-6661 |
Brent Allen Morris v. Oklahoma |
Oklahoma |
2023-02-01 |
Denied |
Response RequestedRelisted (2)IFP |
amendment-of-charges assault-and-battery due-process intent-to-kill jury-instructions preliminary-hearing |
Is Petitioner's Sixth and Fourteenth Amendment right to notice and an opportunity to defend violated when the State changed the alleged crime from "As… |
| 22-6681 |
Shane Swindall Chambers v. Fredeane Artis, Acting Warden |
Sixth Circuit |
2023-02-01 |
Denied |
Response WaivedIFP |
actus-reus constitutional-rights criminal-procedure due-process evidence jury-instructions mens-rea modus-operandi other-acts-evidence trial-court |
WHETHER PETITIONER WAS DEPRIVED OF HIS LIBERTY WITHOUT FIRST THE DUE PROCESS OF LAW WHERE A FALSE MODUS OPERANDI REQUIRED TO ADMIT OTHER ACTS EVIDENCE… |
| 22-6665 |
Orlando Cortez-Nieto and Jesus Cervantes-Aguilar v. United States |
Tenth Circuit |
2023-01-31 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process judicial-discretion jury-instructions lesser-included-offenses post-trial-convictions sua-sponte |
May a court sua sponte enter post-trial convictions on lesser-included offenses that the jury had no authority to return? |
| 22-710 |
James D. Pieron, Jr. v. United States |
Sixth Circuit |
2023-01-31 |
Denied |
|
chapman-v-california circuit-split constitutional-error criminal-procedure due-process harmless-error jury-instructions sixth-circuit statute-of-limitations |
I. Whether the Sixth Circuit's ruling merits
summary reversal where the court found constitutional error but deemed it harmless under the far less
sea… |
| 22-6647 |
Randal T. Young v. Leon Hill, Warden |
Sixth Circuit |
2023-01-27 |
Denied |
Response WaivedIFP |
constitutional-rights due-process fair-trial ineffective-assistance-of-counsel jury-instructions prior-bad-acts |
(1) Was petitioner deprived of his Constitutional right to a fair trial when a statutorily prohibited specification was submitted to the jury with ins… |
| 22-6624 |
Daniel Ray Loyd v. Neil McDowell, Warden |
Ninth Circuit |
2023-01-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony-murder felony-murder-rule ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-counsel state-law-error |
Question not identified. |
| 22-6547 |
Kashai Jones v. Illinois |
Illinois |
2023-01-17 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process illinois-supreme-court judicial-discretion jury-instructions jury-selection legal-principles plain-error trial-court wainwright-v-witt |
1) Illinois Supreme Court Rule 451 requires the West court and accepts' certain principles which are at the heart of certain oral accepts' certain pri… |
| 22-6522 |
Charvez Brooks v. United States |
Fourth Circuit |
2023-01-11 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal due-process federal-courts hobbs-act ineffective-assistance interstate-commerce judicial-discretion jury-instructions reasonable-doubt standard-of-proof |
I. Does a federal district court possess meaningful discretion to define "proof beyond a reasonable doubt" in jury instructions upon request of a crim… |
| 22-6467 |
Louis Antonio Zayas v. United States |
Third Circuit |
2023-01-05 |
Denied |
Response WaivedIFP |
certiorari controlled-substances criminal-procedure criminal-trial directed-verdict due-process evidence-disclosure harmless-error jury-instruction jury-instructions prosecutorial-conduct |
1. Should the Supreme Court grant certiorari to consider whether the erroneous decision of the Trial Court to instruct the jury that the United States… |
| 22-587 |
Maurice Andrews v. District Attorney of Montgomery County, Pennsylvania, et al. |
Third Circuit |
2022-12-27 |
Denied |
|
due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice-standard sixth-amendment structural-error trial-counsel |
Whether, in the context of habeas proceedings under 28 U.S.C. § 2254, the failure of trial counsel to object to a jury instruction which does not cont… |
| 22-6340 |
Ramon Simpson v. United States |
Eighth Circuit |
2022-12-19 |
Denied |
Response WaivedIFP |
aiding-and-abetting criminal-liability custodial-interrogation death-penalty fifth-amendment jury-instructions kidnapping miranda-rights |
1. Does a conviction for aiding and abetting kidnapping resulting in death, in violation of 18 U.S.C. §§ 1201(a)(1) and 2, require proof that the aide… |
| 22-6319 |
Francis Boyd v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2022-12-16 |
Denied |
Response WaivedIFP |
civil-procedure due-process ineffective-assistance-of-counsel jury-instructions second-degree-murder third-degree-murder |
1). DID THE THIRD CIRCUIT COURT OF APPEALS MISCONSTRUE PETITIONER'S CLAIM(S) IN DENYING HIS PETITION FOR REHEARING /REHEARING IN BANC?
2). CAN A TRIA… |
| 22-6242 |
William Burke v. Jerry Jefferson, Warden |
Eleventh Circuit |
2022-12-07 |
Denied |
Response WaivedIFP |
aedpa-deference antiterrorism-and-effective-death-penalty-act cumulative-errors due-process habeas-corpus ineffective-assistance-of-counsel jury-instructions jury-trial-rights right-to-jury-trial strickland-standard strickland-v-washington |
1. Did the 11th Circuit Court of Appeals, and all previous courts, fail to adhere to the 'required' standard of review set forth in Strickland v. Wash… |
| 22-6209 |
Mayeli Molina v. United States |
Fifth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure criminal-trial dual-role-witnesses due-process expert-testimony jury-instructions sentencing sentencing-standards substantial-rights witness-testimony |
1. Whether Molina's substantial rights were affected when two-thirds of the Government's witnesses testified in dual roles as experts and fact witness… |
| 22-508 |
John O. Green v. United States |
Fifth Circuit |
2022-11-30 |
Denied |
Response Waived |
18-usc-371 conspiracy conspiracy-to-defraud criminal-law criminal-prosecution defraud-the-united-states federal-agency internal-revenue-service jury-instructions statutory-interpretation |
In a series of decisions from this Court, the reach and scope of conspiracies to defraud the United States in violation of 18 U.S.C. § 371 were define… |
| 22-6174 |
Porfirio Duarte-Herrera v. Brian Williams, Warden, et al. |
Ninth Circuit |
2022-11-30 |
Denied |
Response WaivedIFP |
co-defendant-severance constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-instructions ninth-circuit-review severance suppression-of-evidence trial-procedure |
1. Did the Ninth Circuit err when Mr. Duarte-Herrera made a substantial showing of the denial of a constitutional right as to the inability to present… |
| 22-5837 |
Micah S. Matthews v. Iowa |
Iowa |
2022-10-14 |
Denied |
Response WaivedIFP |
14th-amendment due-process ineffective-assistance jury-instructions post-conviction-relief state-appellate-court successive-petition summary-judgment unmitigated-claim |
(1) Is a state appellate court's refusal to allow a
petitioner to file a successive petition for PostConviction Relief on an unmitigated, meritorious … |
| 22-348 |
Floyd Tayler v. Washington |
Washington |
2022-10-13 |
Denied |
Response WaivedRelisted (2) |
aggravating-factors criminal-procedure criminal-sentencing domestic-violence jury-instruction jury-instructions pattern-aggravator reasonable-doubt statutory-interpretation unanimity |
Must the jury, in deciding whether a defendant has committed the domestic violence pattern aggravator, RCW 9.94A.535 (3) (h) (i), be instructed that t… |
| 22-5834 |
Jose A. Torres v. Lisa Mitchell, Superintendent, Old Colony Correctional Center, et al. |
First Circuit |
2022-10-13 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review due-process habeas-corpus ineffective-assistance-of-counsel jury-instructions legal-relief procedural-review standard-of-review trial-error |
1) WHETHER MR. TORRES WAS ENTITLED TO RELIEF OR IN THE ALTERNATIVE AN EVIDENTIARY HEARING, ON HIS CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL, WHERE TH… |
| 22-5777 |
In Re Adib Eddie Ramez Makdessi |
|
2022-10-06 |
Dismissed |
IFP |
civil-rights constitutional-rights criminal-conviction due-process equal-protection evidence-tampering jury-instructions jury-misconduct prosecutorial-misconduct racial-bias |
1-Attached transcripts prores that tral Judge & Prosecution acknowledged that the
y u F
Eq Pc aahFd Dis coudendRu
Claiming it is not Extraordinary -.… |
| 22-5779 |
James Michael Johnson v. United States |
Fourth Circuit |
2022-10-06 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure due-process evidence evidence-sufficiency jury-instructions money-laundering standard-of-review sufficiency-of-evidence wire-fraud |
I. Whether the Fourth Circuit erred by finding that the evidence was sufficient to convict Mr. Johnson of wire fraud, and conspiracy to commit money l… |
| 22-5719 |
Shannon Dewayne Reece v. Texas |
Texas |
2022-09-29 |
Denied |
IFP |
aggravated-robbery criminal-conviction double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct state-court-precedent witness-testimony |
CAN A PERSON BE CONUICTEO OF AN OFFENSE;
EVEN AFTER THE UICTIM TESTIFIES THAT THE
DEFENDANT IS NOT THE PERSON THAT ASSAULTED OR
ROBBED THEM?
IS -IT A… |
| 22-5638 |
Hector Martinez-Robos v. United States |
Ninth Circuit |
2022-09-21 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instructions mandatory-minimum-sentences mens-rea plain-error sentencing statutory-interpretation |
1. Whether an instructional error is "plain" for purposes of Fed. R. Crim. P. 52(b) when the charge to the jury is erroneous under an opinion of this … |
| 22-5568 |
Douglas Gordon v. United States |
First Circuit |
2022-09-13 |
Denied |
Response WaivedIFP |
copyright-infringement criminal-conviction criminal-law evidence fair-use first-circuit jury-instructions orphan-works sufficiency-of-evidence willful-conduct |
Whether the First Circuit correctly determined that the sufficiency of the evidence supported the jury's finding that Mr. Gordon acted willfully for t… |
| 22-5556 |
Mehmet Ali Whicker v. Washington |
Washington |
2022-09-12 |
Denied |
IFP |
arbitrary-action arbitrary-and-capricious civil-procedure constitutional-rights due-process extraordinary-circumstances jury-instructions legal-procedure standing state-court sua-sponte |
Should fay Codr-J- bi fa/o^ocd h
facets fa fa
perceived fap/faAbno?do a/A -0 AmiVCS jury (juJesA'am b/
fa <u ^j/efaon
cj.J (jd) h ie kit5 rich! Ac d… |
| 22-5558 |
Vince Edward LaSane v. United States |
Eleventh Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
criminal-procedure defense-knowledge due-process felony jury-conviction jury-instructions legal-error minor registration-requirements sex-offender-registration statutory-interpretation |
Whether the District Court erroneously denied Mr. Lasane's request that Jury instruction on Count Two (committing a felony offense involving a minor w… |
| 22-5523 |
Lawrence Gaines v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions no-adverse-inference strategic-decision trial-counsel |
I. WHETHER THE COURT OF APPEALS ERRED WHEN IT REVERSED THE WELL REASONED DECISION OF THE DISTRICT COURT WHICH HELD THAT TRIAL COUNSEL WAS INEFFECTIVE … |
| 22-5464 |
Barney Adrian Dunlap v. David Mitchell, Superintendent, Lanesboro Correctional Institution |
Fourth Circuit |
2022-08-29 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process federal-constitutional-rights ineffective-assistance jury-instructions lesser-included-offenses state-constitutional-rights |
1) Has the trial court erred by refusing to instruct the Jury on lesser Included offenses supported by the evidence in violation of Dunlap's State and… |
| 22-146 |
Tracy Smith v. Georgia |
Georgia |
2022-08-16 |
Denied |
Response Waived |
constitutional-law constitutional-rights criminal-procedure ineffective-assistance-of-counsel jury-instruction jury-instructions non-unanimous-verdict sixth-amendment trial-counsel |
Whether it is a violation of the Sixth Amendment for trial counsel to fail to object to a jury instruction that sanctioned a non-unanimous verdict. |
| 22-132 |
Carlos Ruben Ruiz v. Massachusetts |
Massachusetts |
2022-08-10 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
14th-amendment 5th-amendment criminal-procedure demeanor-evidence due-process fair-trial fifth-amendment fourteenth-amendment jury-instructions |
In a criminal trial, "[d]ue process means a jury capable and willing to decide the case solely on the evidence before it, and a trial judge ever watch… |
| 22-5318 |
Samuel Francis White Horse v. United States |
Eighth Circuit |
2022-08-09 |
Denied |
Response WaivedIFP |
criminal-law due-process evidence jury-instructions obstruction-of-justice statutory-interpretation |
1) Does a conviction for Tampering with Evidence in violation of 18 U.S.C. § 1512(c)(1) require a jury to find that the natural and probable effect of… |
| 22-5275 |
Russell M. Boles v. Jeff Long, Warden, et al. |
Tenth Circuit |
2022-08-03 |
Denied |
Relisted (2)IFP |
case-statement civil-rights constitutional-provisions due-process evidence jurisdictional-issue jury-instructions legal-procedure negligence standard-of-review statutory-provisions writ-of-certiorari |
1) How might a court's attention be draun to merits without providing them escape routes?
2) Is construc tive denial oleounsel" allouable by imposing… |
| 22-5225 |
Craig Anthony Ross v. Ron Bloomfield, Warden |
Ninth Circuit |
2022-07-29 |
Denied |
IFP |
aider-and-abettor aiding-and-abetting cabana-v-bullock death-penalty enmund-v-florida habeas-corpus intent-to-kill jury-instructions murder-first-degree ninth-circuit-review shared-intent |
1. Did the Ninth Circuit err under Title 28, United States Code, Section 2254(d)(1) in affirming that the jury instructions given by the California Su… |
| 22-5170 |
Cristian Serrano-Delgado v. United States |
First Circuit |
2022-07-25 |
Denied |
Response WaivedIFP |
18-usc-924 aiding-and-abetting conspiracy crime-of-violence davis-v-united-states hobbs-act hobbs-act-robbery jury-instructions pinkerton-doctrine pinkerton-liability section-924c |
A jury convicted Cristian Serrano-Delgado of 18 U.S.C. §§ 924(c) and (j) based on instructions providing various possible crime-of-violence predicates… |
| 22-5082 |
Brian Gonzales v. California |
California |
2022-07-13 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions reasonable-doubt winship |
Does the failure to instruct juries in criminal trials that the prosecution must prove each element of the charged crime beyond a reasonable doubt vio… |
| 21-8287 |
Michael D. Phillips v. Florida |
Florida |
2022-06-29 |
Denied |
IFP |
burglary civil-rights criminal-intent criminal-procedure due-process evidence evidence-sufficiency jury-instructions prosecutorial-burden reasonable-doubt sentencing |
Did the prosecutor ever prove all prongs and elements of the crime being charged in a second degree murder?
Did the prosecutor ever prove that the al… |
| 21-8215 |
Nathaniel Ausbie v. United States |
Fifth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-conviction criminal-procedure due-process government-theory jury-instructions legal-review sufficiency-of-evidence |
When a defendant challenges the sufficiency of the evidence for his conviction, may a court of appeals affirm based on a theory different from the one… |
| 21-8216 |
Roy Lee Dykes v. United States |
Fourth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process evidence jury-instructions sentencing |
1. Did the Fourth Circuit err in affirming the District Court's abuse of its discretion in admitting evidence of weapons found in Mr. Dykes' residence… |
| 21-8116 |
Demarco Tempo v. United States |
Sixth Circuit |
2022-06-10 |
Denied |
Response WaivedIFP |
but-for-causation causation criminal-law death-enhancement drug-statute due-process jury-instructions pinkerton-liability proximate-cause sentencing statutory-interpretation |
I. Should the government be required to prove proximate cause in addition
to but-for causation for the "death results" enhancement in 21 U.S.C.
§ 841?… |
| 21-1531 |
Korry L. Ardell v. Joshua Kaul, Attorney General of Wisconsin |
Seventh Circuit |
2022-06-07 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process first-amendment free-speech habeas-corpus jury-instructions procedural-default stalking |
I. The jury instructions here permitted conviction for
felony "stalking" based merely on the Ardell's communications with third parties about the alle… |
| 21-8044 |
Bobby Dewayne Thompson, II v. United States |
Ninth Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense due-process firearm-possession ineffective-assistance ineffective-assistance-of-counsel jury-instructions right-to-counsel second-amendment trial-strategy |
Did trial counsel entirely fail to present a defense to illegally possessing a firearm by conceding that Thompson possessed a gun when the court's ins… |
| 21-8039 |
George Munoz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-02 |
Denied |
IFP |
appellate-review criminal-homicide criminal-procedure different-outcome evidence-limitation ineffective-assistance-of-counsel jury-instructions motion-for-new-trial prejudice reasonable-likelihood trial |
the coud of Apperls ened bY yeling Ha A 714| Suebse iy ro} feguied To gre A reyvass Lasheetion of He lesser atinse of cfiakal nesluet Lomicide ube An … |
| 21-7986 |
Stephen Gosch v. Florida |
Florida |
2022-05-27 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence evidence-disclosure fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct state-court |
1. Did the state court violate the petitioner's right to due process of law as guaranteed by the Fourteenth Amendment where the prosecution failed to … |
| 21-7940 |
Jason P. Thomas v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2022-05-23 |
Denied |
IFP |
criminal-procedure double-jeopardy evidentiary-hearing fabricated-evidence ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sentencing |
I. Whether the District Court, without holding an evidentiary hearing erred in disposing of Petitioner 's trial icounsel 's ineffectiveness surroundin… |
| 21-7923 |
Charles K. Topping and J. W. Long, aka James Wayne Long v. United States |
Eleventh Circuit |
2022-05-20 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process essential-element fraud-scheme jury-instructions prosecutorial-misconduct theory-of-defense |
1. Where the district court's instructions to the jury in a crim inal case
provide—as part of the theory of defense instruction—an explana tion of an … |
| 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 |
1. In Connecticut v. Johnson , 460 U.S. 73, 88 (1983) (plurality opinion), the
court held that instructions 1"permitt[ing] the jury to convict [a def… |
| 21-7911 |
Lincoln Dille, aka Lincoln Dille II v. Mississippi |
Mississippi |
2022-05-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process equal-protection evidence-sufficiency jury-instructions jury-selection racial-discrimination speedy-trial standing |
I. 15 ^ MS SUPREME COURT'S decision ta ConPlich
loVhd PMTSOU )(. KENTUCKY RTG UXXI in which 4de
S-hade. used all dr •hs'percmnPdarv cRalWneVshrikeS/ … |
| 21-7858 |
Larry Lewis v. Mississippi |
Fifth Circuit |
2022-05-12 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence-sufficiency grand-jury indictment ineffective-assistance-of-counsel jury-instructions |
Whether the indictment was defected in count 1 and two under See - on pale coun) cauck practice The in dickmeng fail +o e Cu 6 Spee ic dake and lace o… |
| 21-7830 |
Daniel Paul Starr v. United States District Court for the Northern District of Oklahoma |
Tenth Circuit |
2022-05-10 |
Denied |
Relisted (2)IFP |
civil-rights criminal-procedure double-jeopardy due-process judicial-communication judicial-misconduct jury-instructions jury-note jury-unanimity trial-conduct |
1. ON A STATE DISTRICT COURT LEVEL, IS IT LAWFUL FOR JURY TO RENDER A VERDICT OF GUILTY ON A LESSER-CHARGE (MISDE MEANER), AND THE AFTERWORDS THE JUDG… |
| 21-7803 |
Frank Jauron Stringfellow v. Louisiana |
Louisiana |
2022-05-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process intoxication-defense jury-instructions non-unanimous-verdict supreme-court-review |
Whether The Louisiana Supreme Court, Louisiana Second Circuit Court Of Appeal And The TVial Court Bred In Denying Frank Stringfeliow's Constitutional … |
| 21-7778 |
Lester Ochoa v. Ron Davis, Warden |
Ninth Circuit |
2022-05-04 |
Denied |
IFP |
capital-punishment cruel-and-unusual-punishment cullen-v-pinholster eighth-amendment family-sympathy jury-instructions mitigation mitigation-evidence |
Whether a State court may, consistent with the Right Against Cruel and Unusual Punishment guaranteed by the Eighth Amendment, prohibit jurors from con… |
| 21-1392 |
Abigail Simon v. Jeremy Howard, Warden |
Sixth Circuit |
2022-04-29 |
Denied |
Response Waived |
actus-reus certiorari-review criminal-law criminal-sexual-conduct due-process jury-instructions legal-error sexual-assault standard-of-review trial-court |
Whether this court should grant certiorari because the state trial court judge gave erroneous jury instructions on the critical actus reus element of … |
| 21-7739 |
Kendall Whitaker v. Patricia A. Coyne-Fague, Warden |
First Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment aiding-and-abetting civil-rights due-process fourteenth-amendment ineffective-assistance jury-instructions sixth-amendment |
I. The Petitioner seeks review of the denial of a certificate of appealability by the First Circuit which review of the decision of U.S. District Cour… |
| 21-7643 |
Daniel Trejo v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2022-04-18 |
Denied |
IFP |
appellate-review criminal-conviction criminal-law due-process duress fourth-district-court jury-instructions penal-code statutory-interpretation |
Mr. Treso was convicted in large Part vPON evidence made up bu the victim mother and manipulated by her Mr. Treso respectfully petitions this court Fo… |
| 21-1352 |
Vivian Tat, aka Vivian Lnu v. United States |
Ninth Circuit |
2022-04-14 |
Denied |
Response Waived |
appellate-review circuit-split criminal-procedure fundamental-rights jury-instructions plain-error-review rogers-error rogers-v-united-states standard-of-review |
Does plain error review govern claims of Rogers error on appeal, as the Ninth Circuit held below, or are such claims reviewed for harmlessness beyond … |
| 21-7613 |
James Edward Williams v. Illinois |
Illinois |
2022-04-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence hearsay hearsay-evidence jury-instructions prior-bad-acts propensity |
The state appellate court's decision was wrong
Can the jury be instructed to consider
Criminal 3.14 IPI instructions Saying
that the jury can consider… |
| 21-7569 |
Miguel Scott Arnold v. United States |
Third Circuit |
2022-04-07 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process federal-statute human-trafficking jury-instructions rule-of-lenity statutory-interpretation third-circuit-court third-circuit-court-of-appeals unit-of-prosecution |
What is the allowable unit of prosecution for violations of 18 U.S.C. § 1591(a)?
2. Did the Third Circuit Court of Appeals err by not remanding to th… |
| 21-7526 |
Adam C. Morris v. Illinois |
Illinois |
2022-04-01 |
Denied |
IFP |
criminal-procedure due-process firearm-enhancement interrogatory-issue jury-instructions material-fact material-facts right-to-jury-trial sentencing-enhancement sentencing-procedure verdict-control |
1) DID THE COURT AVOID CONSIDER THE ARGUMENT THAT THE SEPARATE GROUND INTERROGATORY IS AN ISSUE OF MATERIAL FACT AND THAT THE JURY HAD NO KNOWLEDGE IN… |
| 21-7459 |
Robbie Catchings, aka Robert Brown, aka Robbie Catching v. United States |
Ninth Circuit |
2022-03-24 |
Denied |
Response WaivedIFP |
criminal-law criminal-statute due-process evidence-sufficiency federal-law firearm-possession firearms jury-instructions jury-verdict knowingly-possessed statutory-interpretation sufficiency-of-evidence |
Whether sufficient evidence supported the jury's verdict that petitioner knowingly possessed a firearm, in violation of 18 U.S.C. § 922(g). |
| 21-7444 |
Fnu John Sadiqullah v. United States |
Sixth Circuit |
2022-03-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-law criminal-procedure entrapment entrapment-defense government-agent-conduct inducement jury-instructions predisposition |
When a defendant requests a jury instruction on the affirmative defense of entrapment, what must be proven by the defendant to be entitled to such ins… |
| 21-7403 |
James Calvin Breeden v. United States |
Fourth Circuit |
2022-03-17 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure felon-in-possession firearm-possession jury-instructions mens-rea rehaif-standard rehaif-v-united-states rule-29 rule-29-motion |
Whether the district court erred under Rehaif v. United States by denying requested jury instructions and a Rule 29 motion for acquittal on the felon-… |
| 21-7369 |
Dannie Simon Parker, Jr. v. United States |
Fourth Circuit |
2022-03-15 |
Denied |
Response WaivedIFP |
administrative-law administrative-proceedings agency-action bank-robbery criminal-procedure due-process judicial-review jury-instructions precedent statutory-interpretation substantial-rights |
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IT? L.ES ZS 20s(zooo^AWi ejcAWy'
U.t>.d. hZWhi^s \l£Jjy\2uZ 'r^JDC{… |
| 21-7356 |
Stacey Tremaine Johnson v. United States |
Fourth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking due-process evidence firearm-possession guideline-calculation jury-instruction jury-instructions sentencing sentencing-reasonableness standard-of-proof uncharged-conduct |
1. Whether there was sufficient evidence for the jury to find the petitioner guilty of drug trafficking and firearm possession.
2. Whether the jury i… |
| 21-7323 |
Russell Hampton v. United States |
Second Circuit |
2022-03-09 |
Denied |
Response WaivedIFP |
appellate-review conspiracy jury-instructions juvenile-delinquency juvenile-delinquency-act post-majority-misconduct presentence-report presumption-of-retaliation sentencing-guidelines |
Whether, to comply with the Juvenile Delinquency Act, a jury must be instructed that it cannot convict unless it finds that the defendant 'ratified' h… |
| 21-7321 |
Eric Labreece Mack v. Texas |
Texas |
2022-03-08 |
Denied |
IFP |
appeal criminal-procedure due-process evidence jury-instructions sentencing standard-of-review |
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9' ^UjW^WiT "^V-e c_ooxV o£ Popped tb €jTrei
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… |
| 21-7297 |
Jaime B. Garcia v. Warren L. Montgomery, Warden |
Ninth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process first-degree-murder habeas-corpus jury-instructions legal-theory prosecutorial-concession reasonable-jurists standard-of-review |
Because the appellate court must issue a certificate of appealability ("COA") when the issue is debatable among jurists of reason, should the Ninth Ci… |
| 21-7267 |
William Roy Thietje v. Ken Clark, Warden |
Ninth Circuit |
2022-03-03 |
Denied |
IFP |
due-process harmless-error intervening-cause jury-instructions malice malice-aforethought provocative-act-murder sixth-amendment |
1. Where petitioner received a conviction based on erroneous jury instructions, were such petitioner was denied his Fourteenth Amendment right to Due … |
| 21-7255 |
James Robert Hope v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence jurisdiction jury-instructions mistrial prejudice prosecutorial-misconduct standing |
1)ASTHE T CIR. ERZ IN EFERING TO THE LOWER COUGTS DECISION THAT M2. HOPE TRIAL WAS HELA INTNE PRPPER COUNETY WNEN PROCF WAS PROVIE THAT HIS CBIME DCCU… |
| 21-7260 |
George K. Mackie v. Massachusetts |
Massachusetts |
2022-03-02 |
Denied |
Response WaivedIFP |
closing-argument criminal-procedure impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions miscarriage-of-justice prosecutorial-misconduct reasonable-doubt |
A. DID THE APPEALS COURT ERR IN HOLDING THAT THE ERROR-LADEN
CLOSING ARGUMENT BY THE PROSECUTER, TAKEN IN ITS TOTALITY,
CREATE A SUBSTANTIAL RISK OF A… |
| 21-7224 |
Johnathan I. Alcegaire v. Florida |
Florida |
2022-02-28 |
Denied |
IFP |
capital-case capital-punishment due-process false-evidence false-testimony giglio giglio-claim jury-instructions jury-prejudice prosecutorial-misconduct |
In this Florida capital case, the Florida Supreme Court, while acknowledging that the prosecution's argument to the jury was not true, denied Petition… |
| 21-7133 |
Francis P. Salemme v. United States |
First Circuit |
2022-02-16 |
Denied |
Response WaivedIFP |
accessorial-liability accessory-after-the-fact aiding-and-abetting criminal-procedure due-process jury-instruction jury-instructions legal-precedent middleton-v-mcneil |
Whether the jury instruction regarding accessorial liability that fails to distinguish between aiding and abetting liability and accessory after the f… |
| 21-1135 |
Goyko Gustav Kuburovich v. United States |
Ninth Circuit |
2022-02-16 |
Denied |
Response Waived |
bankruptcy bankruptcy-fraud criminal-procedure due-process false-statements federal-prosecution fraud jury-instructions jury-unanimity statutory-interpretation sua-sponte |
Where a criminal defendant is prosecuted in federal court for a single count of bankruptcy fraud relying on multiple alleged false statements, each wi… |
| 21-7119 |
Victor Carlos Castano v. United States |
Sixth Circuit |
2022-02-15 |
Denied |
IFP |
burden-of-proof criminal-procedure enterprise fifth-amendment grand-jury jury-instructions proffer-agreement rico-conspiracy sentencing sentencing-enhancement |
A. Whether the government was impermissibly relieved of its burden to prove each element of RICO Conspiracy when the court instructed the jury that an… |
| 21-7122 |
Thomas Warner v. Illinois |
Illinois |
2022-02-15 |
Denied |
IFP |
aggravated-battery criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency firearm-discharge jury-instructions sentencing state-testimony witness-credibility |
Whether Thomas Warner's convictions for Aggravated Battery with Discharge of a Firearm should be reversed where they were not supported by credible te… |
| 21-7126 |
Quincy Deshan Butler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-02-15 |
Denied |
Relisted (2)IFP |
aggravated-offense constitutional-rights criminal-sentencing due-process ineffective-assistance-of-counsel jury-instructions plain-error-review procedural-due-process prosecutorial-misconduct sentencing-enhancement texas-law |
1). Wither CjLrVihczJre- APPEALA&XAXTy SHoul D 1W^ GrtAuTtml
3L). WHETHER Due 1WE5S WAS V/I<d(At6D Wfetf Cj)UKlS£L Fazlejs to te&jLEST LESSE/X TWELU… |
| 21-7095 |
Paul Anthony Darrah v. United States |
Sixth Circuit |
2022-02-10 |
Denied |
IFP |
enterprise enterprise-existence first-amendment fourth-amendment free-speech jury-instruction jury-instructions necessity-requirement rico-conspiracy title-iii-wiretap wiretap-authorization |
L. Should the jury have been allowed to convict Mr. Darrah on the hypothetical existence of all of the elements of a RICO conspiracy?
II. Did the jur… |
| 21-7084 |
Dwight David Jordan v. Florida |
Florida |
2022-02-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process indictment jury-instructions legal-precedent lesser-included-offense principal-liability waiver |
GROUND 1) Whether the court can depart from clearly established law on case by case basis? State v. Gray, 435 So. 2d 816, 818 (Fla. 1983) is a case th… |
| 21-1089 |
Jeff Garvin Smith, Cary Dale Vandiver, Patrick Michael McKeoun, David Randy Drozdowski, and Vincent John Witort v. United States |
Sixth Circuit |
2022-02-07 |
Denied |
|
Criminal-Procedure Due-Process First-Amendment Free-Speech hypothetical-elements jury-instruction Jury-Instructions RICO-Conspiracy sixth-circuit-precedent |
I. Should the jury have been allowed to convict
the defendants on the hypothetical existence
of all of the elements of a RICO Conspiracy?
II. Did the… |
| 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… |
| 21-6999 |
Sharoc Richardson v. Sherman Campbell, Warden |
Sixth Circuit |
2022-01-31 |
Denied |
Response WaivedIFP |
criminal-procedure defense-witnesses due-process ineffective-assistance-of-counsel jury-instruction jury-instructions prosecutorial-misconduct right-to-a-fair-trial trial-court-error witness-cross-examination |
QUESTION ONE: DID THE TRIAL COURT ERR IN FAILING TO INSTRUCT THE JURY ON INVOLUNTARY MANSLAUGHTER IN THIS CASE?
QUESTION TWO: WAS TRIAL COUNSEL INEFF… |
| 21-7014 |
Vicente Lopez-Sanchez v. United States |
Fifth Circuit |
2022-01-31 |
Denied |
Response WaivedIFP |
assault criminal-intent criminal-procedure due-process jury-instruction jury-instructions law-enforcement mens-rea |
Whether the district court erred by denying the defense's jury instruction stating that for a finding of guilt, Mr. Lopez had to know that the person … |
| 21-6993 |
Damon Willis v. United States |
Eighth Circuit |
2022-01-27 |
Denied |
Response WaivedIFP |
2nd-amendment criminal-law due-process fifth-amendment firearm-possession firearms jury-instruction jury-instructions prohibited-status rehaif-v-united-states sixth-amendment sovereign-citizen |
Does Rehaif v. United States preclude a jury instruction that the federal government must prove a defendant knew his prohibited status made it illegal… |
| 21-6915 |
Maxwell Gaffney v. United States |
Ninth Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
burden-of-proof causation criminal-law criminal-statute drug-distribution drug-trafficking federal-law foreseeability judicial-review jury-instructions proximate-cause sentencing |
Kyle Rodriguez died after voluntarily using heroin. The government proved to a
jury he bought it from Petitioner Maxwell Gaffney. The Government also … |
| 21-1001 |
Hakim Bey v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2022-01-14 |
Denied |
Response Waived |
burden-of-proof constitutional-challenge constitutional-law criminal-law criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt |
Whether a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyon… |
| 21-6822 |
James Edward Barber v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2022-01-12 |
Denied |
IFP |
aggravating-evidence capital-sentencing ineffective-assistance-of-counsel jury-instructions mental-health-evidence mitigation-evidence prejudice prejudice-standard split-verdict |
This case concerns the prejudice resulting from ineffective assistance of counsel during the penalty phase of a capital case. For petitioner James Bar… |
| 21-6833 |
Jason Lee Sarabia v. United States |
Fifth Circuit |
2022-01-12 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure double-jeopardy evidence-standard fifth-circuit jury-conviction jury-instructions lesser-included-offenses multiplicity |
Do convictions of greater and lesser-included offenses violate the Double Jeopardy Clause when the prosecution uses the same evidence to obtain both c… |
| 21-980 |
Brad Jennings v. Daniel F. Nash, et al. |
Eighth Circuit |
2022-01-10 |
Denied |
Response WaivedRelisted (2) |
evidentiary-doctrine federal-rules-of-evidence jury-instructions opening-the-door prejudicial-effect probative-value rule-403 summary-judgment |
1. Does the doctrine of "opening the door" require the traditional Federal Rules of Evidence Rule 403 balancing of probative value versus prejudicial … |
| 21-6742 |
Raudel Salgado-Rodriguez v. United States |
Fifth Circuit |
2021-12-29 |
Denied |
Response WaivedIFP |
credibility-of-evidence criminal-procedure due-process evidence-credibility fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense |
Whether it violates an accused's right to a fundamentally fair trial to have a judge refuse a theory-of-defense jury instruction because the judge per… |
| 21-6736 |
Steven R. Henson v. United States |
Tenth Circuit |
2021-12-28 |
GVR |
Relisted (2)IFP |
actual-knowledge appellate-review criminal-intent criminal-procedure deliberate-ignorance harmless-error jury-instructions medical-practitioner prescription-liability statutory-interpretation sufficiency-of-evidence willful-blindness |
1. Whether the erroneous issuance of a deliberate ignorance or willful blindness instruction is harmless as a matter of law and beyond appellate revie… |
| 21-6701 |
Nakyia D. Parker v. Douglas Fender, Warden |
Sixth Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
consecutive-sentences constitutional-rights constructive-possession criminal-evidence due-process fair-trial jury-instructions motion-to-suppress sentencing-error sufficiency-of-evidence |
WHETHER PETITIONER-APPELLANT, PARKER WAS DENIED A FAIR AND IMPARTIAL TRIAL DUE TO SEVERAL MAJOR CONSTITUTIONAL AND DUE PROCESS RIGHT VIOLATIONS THAT I… |
| 21-6681 |
Eric Michael Crapser v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-12-20 |
Denied |
IFP |
circuit-split criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions lesser-included-offense sixth-amendment strickland-standard strickland-v-washington |
Whether the Court should resolve the following question for which there is a clear circuit split: does the Court's holding in Strickland v. Washington… |
| 21-6664 |
Robert Breest v. John M. Formella, Attorney General of New Hampshire |
First Circuit |
2021-12-17 |
Dismissed |
Response WaivedRelisted (2)IFP |
appellate-review constitutional-error due-process habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt sullivan-v-louisiana |
In light of this Court's holding in Sullivan v. Louisiana, 508 U.S. 275 (1993); and, Massaro v. United States, 123 S.Ct. 1690 (2003; as well as United… |
| 21-6637 |
Kenan Ivery v. Ohio |
Ohio |
2021-12-16 |
Denied |
IFP |
appellate-procedure application-for-reopening due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jury-instructions ohio-law procedural-dismissal state-court-of-appeals |
IS A PETITIONER DENIED DUE PROCESS AND EQUAL PROTECTION OF LAW WHEN THE STATE COURT OF APPEALS PROCEDURALLY DISMISSES HIS OHIO APP.R. 26(B) APPLICATIO… |
| 21-876 |
John G. Williams, Jr. v. United States |
Eleventh Circuit |
2021-12-14 |
Denied |
Response Waived |
criminal-liability due-process general-verdict jury-instructions jury-verdict legal-sufficiency wire-fraud yates-rule |
Given Stromberg v. California, Yates v. United States, and Griffin v. United States, whether this Court has clearly established that a jury's verdict … |
| 21-6510 |
Luis Solis-Vasquez v. United States |
First Circuit |
2021-12-03 |
Denied |
Response WaivedIFP |
crime-of-violence criminal-procedure due-process elements-of-offense federal-statute jury-determination jury-instructions mandatory-victim-restitution RICO rico-offense state-law state-law-predicates |
1. Whether state law RICO predicates are elements of a RICO offense that must be found by the jury.
2. Whether aggravated RICO conspiracy is properly… |
| 21-6434 |
Robert Alan Fratta v. Texas |
Texas |
2021-11-29 |
Denied |
IFP |
aiding-and-abetting constitutional-violation criminal-procedure due-process habeas-corpus indictment jury-charge jury-instructions law-of-parties |
1) CAN A LAW OF PARTIES (OR AIDING AND ABETTING) BE ADDED TO A
JURY CHARGE WHEN A PERSON IS INDICTED AS THE ONLY ACTOR TO
COMMIT AN OFFENSE?
2) IS U.… |
| 21-6328 |
Scottie D. Allen v. Florida |
Florida |
2021-11-18 |
Denied |
IFP |
capital-sentencing criminal-procedure due-process eighth-amendment jury-instructions reasonable-doubt sentencing standard-of-proof |
I. Whether the Florida Supreme Court's rejection of Petitioner's claim of error based on the jury being affirmatively misinformed about its role in th… |
| 21-6265 |
Jonathan Barrett v. United States |
Sixth Circuit |
2021-11-15 |
Denied |
Response WaivedIFP |
buyer-seller buyer-seller-instruction circuit-conflict conspiracy constitutional-rights criminal-defense criminal-law drug drug-conspiracy due-process jury-instructions |
Is a defendant's constitutional right to present an effective legally acceptable defense violated when the district court wrongfully declines to give … |
| 21-706 |
Joel Iverson Gilbert v. United States |
Eleventh Circuit |
2021-11-15 |
Denied |
|
bribery bribery-statute federal-bribery-laws first-amendment issue-advocacy jury-instruction jury-instructions official-action prosecutorial-standard |
1. Whether, in a bribery prosecution based on issue-advocacy payments that would otherwise enjoy First Amendment protection, the Government must prove… |
| 21-6230 |
In Re Billy John Roberson |
|
2021-11-10 |
Denied |
IFP |
2nd-amendment aggravated-assault conflict-of-interest criminal-procedure due-process evidence-sufficiency judicial-conflict jury-instructions penal-code texas-penal-code |
How could I receive an Guilty Verdict of aggravated assault with a deadly weapon at the time of this supposed incident, I, Billy John Rooerson, did no… |
| 21-6115 |
Jaime Mayorga v. United States |
Ninth Circuit |
2021-10-28 |
Denied |
Response WaivedIFP |
chapman-v-california criminal-conviction criminal-procedure harmless-error intent-to-defraud jury-instruction jury-instructions ninth-circuit statutory-interpretation united-states-v-neder |
Did the Ninth Circuit's disposition of Petitioner's instructional error claim, which did not examine evidence Petitioner proffered regarding his lack … |
| 21-6102 |
Anthony B. Williams v. United States |
Eighth Circuit |
2021-10-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment district-court double-jeopardy due-process grand-jury-indictment jury-instructions sentencing |
Does the absence of a specific unanimity instruction at trial require both distribution of Pcp and accompanying 924.lis count be vacated
Does a convi… |
| 21-6063 |
Jason William Custer v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al. |
Eighth Circuit |
2021-10-22 |
Denied |
Response WaivedIFP |
5th-6th-14th-amendments due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jury-instructions miranda-rights pauper-defendant postconviction procedural-bar self-defense |
This is a First Degree Murder case, which resulted in the finding of guilt on all charges and a Life Without the Possibility (LWOP) sentence plus and … |
| 21-579 |
Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2021-10-20 |
Denied |
|
accomplice-liability burden-of-proof capital-sentencing constitutional-rights due-process eighth-amendment fourteenth-amendment jury-instructions jury-trial sixth-amendment specific-intent |
1. Under Waddington v. Sar ausad, 555 U.S. 179 (2009), when a conviction requires that the State prove beyond a reasonable doubt that the defendant ha… |
| 21-6002 |
Mario Bachiller v. United States |
Eleventh Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
constitutional-vagueness criminal-procedure due-process harmless-error jury-conviction jury-instructions predicate-offense statutory-interpretation united-states-v-davis |
"It has long been settled that when a case is submitted to the jury on alternative theories the unconstitutionality of any of the theories requires th… |
| 21-5989 |
Jeffrey G. Boyd v. United States |
Third Circuit |
2021-10-18 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split contested-element criminal-procedure due-process harmless-error jury-instruction jury-instructions knowledge-element standard-of-review |
Based on this Court's harmless error jurisprudence and that of seven other circuits, the government must establish beyond a reasonable doubt that an e… |
| 21-431 |
Grant Lloyd Greenwood v. Minnesota |
Minnesota |
2021-09-21 |
Denied |
Response Waived |
due-process effective-assistance-of-counsel fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment |
The question presented by this petition is whether
a defendant's Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Am… |
| 21-5658 |
Elias G. Montalvo v. Isidro Baca, Warden, et al. |
Ninth Circuit |
2021-09-13 |
Denied |
Response WaivedIFP |
constitutional-search criminal-procedure due-process fourth-amendment habeas-corpus jury-instructions lesser-included-offense motion-to-suppress open-murder voluntary-manslaughter |
Question not identified. |
| 21-5642 |
Terry Dibble v. Deanna Brookhart, Warden |
Seventh Circuit |
2021-09-10 |
Denied |
Response WaivedIFP |
appellate-review burglary certificate-of-appealability district-court-conclusion due-process habeas-corpus judicial-discretion jury-instructions legal-standard reasonable-jurists residential-burglary |
Did Mr. Dibble present a ground for relief as to which reasonable jurists could differ concerning the correctness of the district court's conclusion, … |
| 21-5610 |
Willie M. Hardy, Jr. v. United States |
Fourth Circuit |
2021-09-09 |
Denied |
Response WaivedIFP |
career-offender confession crime-of-violence criminal-law drug-trafficking due-process firearm-possession jury-instructions malicious-wounding sentencing sentencing-factor sufficiency-of-evidence |
1. Whether Virginia Code 18.2-51, malicious wounding, is a a crime of violence.
2. Whether acquitted conduct is a proper sentencing factor.
3. Wheth… |
| 21-5596 |
Carl William Frazier v. California |
California |
2021-09-08 |
Denied |
IFP |
5th-amendment criminal-negligence due-process involuntary-manslaughter jury-instructions knife-assault lesser-included-offense self-defense sua-sponte-instruction |
In a murder case, may a defendant's inherently assaultive felonious conduct - ie, the use of a knife for the purpose of unreasonagle self-defense - af… |
| 21-5599 |
Robert Nathan Hensley v. United States |
Eighth Circuit |
2021-09-08 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions |
On an important matter, and subsequent to a capital case of Texas 5495, and east the Government VEN Prose Knowyes by Ay @ Leite peldover; Not uF B, wd… |
| 21-5611 |
In Re Andrew James Johnston |
|
2021-09-08 |
Dismissed |
IFP |
attempted-crime bank-robbery civil-rights criminal-procedure cross-examination due-process intimidation jury-instructions prosecutorial-discretion |
Will this Court issue a writ of habeas corpus that vacates the conviction and sentence imposed in Case No. 1:17-cr-517, under a version of a federal c… |
| 21-5553 |
F. Daly v. Maine |
Maine |
2021-09-03 |
Denied |
Response WaivedIFP |
beyond-reasonable-doubt boyde-v-california burden-of-proof constitutional-standard criminal-procedure due-process jury-instructions standard-of-proof sullivan-v-louisiana witness-testimony |
The testimony of a single witness is sufficient to prove any fact and would justify a verdict in accordance with such testimony even if a number of wi… |
| 21-5566 |
Razhden Shulaya v. United States |
Second Circuit |
2021-09-02 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-interference due-process judicial-bias jury-instruction jury-instructions right-to-counsel structural-error trial-procedure |
1) Whether the United States District Court for the Southern District of New York provided a constitutionally flawed trial and committed structural er… |
| 21-5485 |
Yamilet Diaz v. United States |
Eleventh Circuit |
2021-08-25 |
Denied |
Response WaivedIFP |
anti-kickback conspiracy criminal-liability due-process federal-health-care government-burden-of-proof intended-victim jury-instructions medicare-fraud |
I. Whether jury instructions, which require that the government prove a defendant knew the crimes were against the United States and involved a federa… |
| 21-5451 |
John M. Wasson v. United States |
Ninth Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
appeal criminal-procedure criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions legal-counsel mining-claim right-to-counsel |
The questions presented are:
1. Did Mr. Wasson have adequate counsel during his trial and appeal?
2. Was Mr. Wasson's accessing his mining claim's c… |
| 21-243 |
James Warner v. United States |
Sixth Circuit |
2021-08-18 |
Denied |
|
bribery-statute constructive-amendment criminal-procedure indictment indictment-modification jury-instruction jury-instructions plain-error substantial-rights |
Whether the constructive amendment of an indictment by an erroneous jury instruction, stating that conspiracy counts alleged agreements to violate a d… |
| 21-5371 |
James Roland Henderson v. California |
California |
2021-08-13 |
Denied |
IFP |
criminal-intent criminal-procedure evidence-exclusion familial-violence first-degree-murder homicide imperfect-self-defense jury-instructions parental-relationship religious-beliefs self-defense special-circumstances |
Question not identified. |
| 21-5342 |
Jamerl M. Wortham v. United States |
Eighth Circuit |
2021-08-11 |
Denied |
Response WaivedIFP |
appellate-review essential-element jury-instruction jury-instructions sixth-amendment unanimous-verdict waiver |
Whether a defendant waives appellate review of his Sixth Amendment right to a unanimous verdict when the government and defense counsel jointly submit… |
| 21-183 |
Gas Pipe, Inc., et al. v. United States |
Fifth Circuit |
2021-08-09 |
Denied |
|
appellate-review conspiracy conspiracy-to-defraud constitutional-error criminal-law defraud-clause government-function harmless-error jury-instruction jury-instructions |
1. Whether 18 U.S.C. § 371's defraud clause, which in relevant part prohibits conspiracies "to defraud the United States," reaches any conspiracy whos… |
| 21-5303 |
William Pruitt v. United States |
Eleventh Circuit |
2021-08-06 |
Denied |
Response WaivedIFP |
allen-charge burden-of-proof criminal-procedure due-process judicial-error judicial-instruction jury-coercion jury-deadlock jury-instructions retrial trial-procedure |
I. WHETHER THE APPEALS COURT ERRED IN AFFIRMING THE USE OF ITS PATTERN MODIFIED "ALLEN" CHARGE WITH A DEADLOCKED JURY, EXPRESSLY REFERENCING THE TIME,… |
| 21-5315 |
Rafael Arturo Coto Chinchilla v. Louisiana |
Louisiana |
2021-08-06 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process evidence-sufficiency jury-instructions prosecutorial-misconduct sufficiency-of-evidence trial-error |
1. WAS THE EVIDENCE IN THE INSTANT CASE INSUFFICIENT TO SUPPORT A GUILTY VERDICT ON ALL THREE COUNTS OF THE BILL OF INFORMATION?
2. DID THE TRIAL COU… |
| 21-169 |
James Gatto, et al. v. United States |
Second Circuit |
2021-08-05 |
Denied |
Amici (1) |
18-usc-1843 criminal-law federal-statute incidental-harms jury-instructions property-rights statutory-interpretation statutory-text united-states-v-kelly wire-fraud |
1. Whether 18 U.S.C. § 1343—the federal wire fraud statute—requires the Government to prove, consistent with section 1343's statutory text, that the "… |
| 21-5282 |
Tyrius Green v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2021-08-03 |
Denied |
IFP |
due-process eyewitness-identification jury-instructions reasonable-doubt structural-error sullivan-v-united-states trial-by-jury trial-procedure witness-identification |
Tyrius Green was convicted of murder based solely upon witness identification testimony as there was no physical evidence presented at his trial that … |
| 21-5248 |
Davion L. Jefferson v. United States |
Tenth Circuit |
2021-07-29 |
Denied |
IFP |
5th-amendment 6th-amendment crime-of-violence directed-verdict due-process jury-instructions jury-trial sixth-amendment statutory-interpretation |
I. Did the district court violate the Fifth Amendment's Due Process Clause and the
Sixth Amendment's Jury Trial Clause when it directed a verdict on 1… |
| 21-5235 |
Vincent Holton v. United States |
Eleventh Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
conspiracy conviction criminal-procedure due-process entrapment jury-instruction jury-instructions sentencing |
1. Whether t he District Court Wrongly Denied Petitioner's Request for a Jury Instruction on Entrapment ?
2. Whether t he Court Erred by Allowing the… |
| 21-5210 |
Trojan Hart v. United States |
Second Circuit |
2021-07-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-restrictions jury-instructions right-to-counsel sentencing sentencing-review shackling |
(1) Whether the district court erred when it shackled Hart and co-defendant Sharpe?
(2) Whether the district court interfered with the right to couns… |
| 21-5202 |
Esteban Figueroa-Larrea v. United States |
Ninth Circuit |
2021-07-23 |
Denied |
Response WaivedIFP |
contested-element criminal-procedure district-court jury-charge jury-instruction jury-instructions legal-scope plain-error standard-of-review trial-court-error trial-procedure |
Whether the district court plainly erred by misadvising the jury about the legal scope of the sole contested element at trial. |
| 21-5166 |
Leobardo Valladares v. Craig Koenig, Warden |
Ninth Circuit |
2021-07-22 |
Denied |
Response WaivedIFP |
criminal-procedure cumulative-error due-process evidentiary-hearing first-degree-murder ineffective-assistance jury-instructions reasonable-doubt standard-of-proof sufficiency-of-evidence |
I. Did the Prosecution Fail to Prove Beyond a
Reasonable Doubt That Valladares Committed First
Degree Murder?
II. Did Trial Counsel Render Ineffectiv… |
| 21-5185 |
Lexton Pellew v. United States |
District of Columbia |
2021-07-22 |
Denied |
Response WaivedIFP |
appeal conviction-count criminal-procedure double-jeopardy due-process jury-instruction jury-instructions legal-review sentence-calculation sentencing sentencing-error |
The petitioner was not charged with aiding and abetting in counts 11-14 but the court allowed the jury verdict on those counts based upon an admittedl… |
| 21-5141 |
Terrance Tyrell Edwards v. United States |
Ninth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
commercial-sex-trafficking conclusive-presumption criminal-procedure due-process interstate-commerce jury-instruction jury-instructions plain-error |
1. Is evidence that establishes only the use of cellular telephones, the Internet or
hotels by a defendant, without any evidence of how the use of the… |
| 21-5106 |
Logan Viquesney v. United States |
Tenth Circuit |
2021-07-14 |
Denied |
Response WaivedIFP |
conviction criminal-procedure due-process indictment jury-instructions legal-sufficiency notice state-offense sufficiency-of-evidence |
1) Can the Court sustain a conviction when a required underlined State offense is not charged in the indictment? |
| 21-5086 |
Frank Craig Purpera, Jr. v. United States |
Fourth Circuit |
2021-07-13 |
Denied |
Response WaivedIFP |
criminal-intent criminal-law good-faith jury-instructions lawful-practice medical-malpractice medical-practice professional-ethics professional-standard subjective-intent subjective-standard |
Whether a physician alleged to have acted outside the "lawful course of professional practice" is entitled to a good faith instruction defining good f… |
| 21-5058 |
Joseph Andrew Phipps v. Neil McDowell, Warden |
Ninth Circuit |
2021-07-08 |
Denied |
IFP |
14th-amendment 5th-amendment aedpa criminal-procedure due-process equal-protection jury-instructions lesser-included-offenses |
1) Does Petitioner have a due process right to jury instructions on
lesser included offenses?
2) Does the Equal Protection Clause of the 14th Amendm… |
| 20-1819 |
Lawrence B. Hughes v. Georgia |
Georgia |
2021-06-30 |
Denied |
|
14th-amendment criminal-procedure due-process indictment indictment-clarity jury-charge jury-instructions prosecutorial-misconduct self-defense standard-of-review |
Is it a requirement within State Statute of Fed
eral law for an indictment to be clear and precise
within accusation?
In review of deliberation stag… |
| 20-8443 |
Jacobie A. Green v. Louisiana |
Louisiana |
2021-06-29 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-statement due-process evidence jury-charge jury-instructions motion-to-quash photographic-evidence right-to-counsel state-created-impediment trial-court-discretion |
1. Did the Louisiana Supreme Court error in denying review after a. State-crested impediment occurred?
2. Whether ihe trial court erred in admittmg d… |
| 20-8424 |
James Erik Godiksen v. United States |
Second Circuit |
2021-06-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure expert-testimony harmless-error judicial-discretion jury-instructions jury-note prejudice trial-procedure |
Did the Court of Appeals improperly conclude that the District Court's mishandling of a jury note and replaying only a portion of the defense expert's… |
| 20-8430 |
Samuel Gayden v. Illinois |
Illinois |
2021-06-24 |
Denied |
IFP |
chain-of-custody criminal-procedure dna-evidence evidence-admissibility fair-trial ineffective-assistance jury-instructions lay-opinion prosecutorial-misconduct trial-procedure witness-identification |
I
Whether the State misused DNA evidence to link Petitioner to the weapon used in the offense, and
to alleged threatening letters sent from the Cook C… |
| 20-8403 |
Daniel Jacob Craven, Jr. v. Florida |
Florida |
2021-06-23 |
Denied |
IFP |
14th-amendment due-process elements-of-offense fourteenth-amendment jury-instructions reasonable-doubt sentencing sentencing-determinations statutory-maximum unanimous-verdict |
Whether a defendant's right to due process as guaranteed by the Fourteenth Amendment through requiring that every element of any offense to be proven … |
| 20-1765 |
Donald S. Harden v. United States |
Seventh Circuit |
2021-06-22 |
Denied |
Response Waived |
but-for-causation circuit-split controlled-substances-act death-results ineffective-assistance-of-counsel ineffective-counsel jury-instruction jury-instructions sentencing |
For a death-results sentence under the Controlled Substances Act, must a jury be instructed as to but-for cause if the evidence of causation is confli… |
| 20-8353 |
Russell Armfield v. Sonja Nicklaus, Warden |
Seventh Circuit |
2021-06-21 |
Denied |
IFP |
bruton-rule bruton-violation civil-rights constitutional-error criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions jury-prejudice prosecutorial-misconduct strickland-claim |
(1) If a ruling must be contrary to established Federal Law for A Defendant to receive relief, When there is no established Federal Law or Precedent t… |
| 20-1754 |
Lawrence Joey Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-06-16 |
Denied |
Response Waived |
appellate-procedure burden-of-proof certificate-of-appealability circuit-court-review criminal-procedure due-process jury-instructions prosecutorial-argument prosecutorial-misconduct reasonable-doubt |
1. Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt?
2. Is the Eleventh Cir… |
| 20-8310 |
Kenrick Brathwaite v. United States |
Second Circuit |
2021-06-15 |
Denied |
Response WaivedIFP |
apprendi-rule circuit-split controlled-substance controlled-substances criminal-law drug-conspiracy jury-instructions jury-verdict sentencing sentencing-exposure statutory-interpretation statutory-penalties |
1. What is the statutory maximum sentence for a conspiracy conviction under 21 U.S.C. §§ 963 or 846, where the jury has declined to make any specific … |
| 20-8288 |
Anthony L. Ingram v. United States |
Sixth Circuit |
2021-06-11 |
Denied |
Response WaivedIFP |
18-usc-1201(a)(1) criminal-procedure due-process evidence evidence-sufficiency federal-kidnapping jury-instructions motion-for-acquittal |
1. Are the due process rights of a defendant in a criminal case violated when the
government fails to present evidence at trial as to each element of … |
| 20-1715 |
Denise Taylor-Travis v. Jackson State University |
Fifth Circuit |
2021-06-11 |
Denied |
Response Waived |
causation causation-standard civil-rights due-process jury-instructions privacy-rights public-records-act retaliation title-ix |
1. The jury was told that for petitioner to prove her claim of retaliation, she must show she was terminated "solely as a consequence" of her protecte… |
| 20-8226 |
In Re Francis Boyd |
|
2021-06-04 |
Denied |
IFP |
criminal-procedure criminal-sentencing due-process habeas-corpus judicial-error jury-instruction jury-instructions miscarriage-of-justice murder murder-degrees third-degree-murder trial-procedure |
1). CAN A TRIAL JUDGE INSTRUCT A JURY DURING A JURY CHARGE , THAT THEY CANNOT FIND
PETITIONER GUILTY OF A CERTAIN DEGREE OF MURDER AFTER ENTERTAINING … |
| 20-8228 |
John Campbell v. United States |
Fourth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
appeal armed-bank-robbery bank-robbery count-severance criminal-procedure evidence evidence-suppression firearm-possession jury-instructions sentencing sentencing-enhancement |
1. Did the district court incorrectly decline to charge the jury on a key element of armed bank robbery?
2. Did the district court err in denying sup… |
| 20-8203 |
Dasheme Kareme Hosley v. Rick Hill, Warden |
Ninth Circuit |
2021-06-02 |
Denied |
Response WaivedIFP |
closing-argument due-process harmless-error judicial-ratification jury-instruction jury-instructions legal-misstatement prosecutorial-misconduct trial-court trial-procedure |
In a prosecutorial misconduct claim based upon a misstatement of law during closing argument, should courts presume that the jury followed the trial c… |
| 20-8182 |
Gilbert Sanchez v. Texas |
Texas |
2021-06-01 |
Denied |
IFP |
constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions reasonable-doubt sentencing sentencing-guidelines |
QUESTION NUMBER ONE
The trial court judge in this case states unequivocally that she misdirected the
jury as to the law in this case that changed Peti… |
| 20-8168 |
Ross Colby v. United States |
Ninth Circuit |
2021-05-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial juror-sympathy jury-bias jury-instructions prosecutorial-misconduct sixth-amendment |
Whether the statements of a prosecutor invoking juror sympathy and telling the jury that it has a duty to convict violate the defendant's Sixth Amendm… |
| 20-8103 |
Sayda Powery Orellana and Manuel Porras Salas v. United States |
Ninth Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
appellate-review circuit-split civil-procedure forfeiture jury-instructions plain-error procedural-default waiver |
A. Whether agreement to a set of joint jury instructions as directed by a court order is a waiver completely precluding review of instructional errors… |
| 20-8101 |
Joseph Weldon Smith v. Perry Russell, Warden, et al. |
Ninth Circuit |
2021-05-21 |
Denied |
IFP |
brecht-standard brecht-v-abrahamson capital-sentencing harmless-error jury-instruction jury-instructions jury-trial sixth-amendment stromberg-error stromberg-v-california |
In applying harmless error review under Brecht, may a federal court disregard the prejudice resulting from Stromberg error, i.e., the jury's considera… |
| 20-1614 |
John D. Leontaritis v. United States |
Fifth Circuit |
2021-05-19 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split criminal-law criminal-procedure due-process fact-determination jury-finding jury-instructions reasonable-doubt sentencing sentencing-discretion standard-of-proof |
This criminal case's questions concern the impact of jury findings on sentencing. Both recur frequently, especially in cases about drugs. Both are the… |
| 20-8036 |
Antonio Kevin McKoy v. United States |
Fourth Circuit |
2021-05-17 |
Denied |
Response WaivedIFP |
continuing-criminal-enterprise criminal-procedure drug-penalties fourth-circuit-review jury-instructions plain-error sentencing-enhancements special-verdict |
WHETHER THE JURY SHOULD BE REQUIRED TO RETURN A SPECIAL
VERDICT FORM ADDRESSING ALL ESSENTIAL ELEMENTS OF
CONTINUING CRIMINAL ENTERPRISE (CCE), IN THA… |
| 20-8035 |
James W. Moore v. Ohio |
Ohio |
2021-05-14 |
Denied |
IFP |
14th-amendment burden-of-proof castle-doctrine due-process duty-to-retreat effective-assistance-of-counsel fourteenth-amendment jury-instructions self-defense |
(1) Is Ohio's Castle Doctrine unconstitutional as it does not include one's entire property as the residence while a person acting in self-defense is … |
| 20-7971 |
Derek A. Rivera v. Connie Horton, Warden |
Sixth Circuit |
2021-05-11 |
Denied |
Response WaivedIFP |
criminal-procedure directed-verdict due-process expert-testimony fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions murder-conviction sufficiency-of-evidence |
RIVERA WAS DENIED A FAIR TRIAL BY OTHER-ACTS EVIDENCE THAT HAD NO PROPER PURPOSE AND THUS ENCOURAGED THE JURY TO CONVICT HIM ON AN IMPROPER CHARACTER-… |
| 20-7983 |
Thomas Lam v. Robert C. Tanner, Warden |
Fifth Circuit |
2021-05-11 |
Denied |
IFP |
certificate-of-appealability constitutional-plea criminal-procedure due-process fifth-circuit habeas-corpus henderson-v-morgan judicial-error jury-instructions plea-bargaining standard-of-review voir-dire |
The trial judge relied on a discussion with the jury, during voir dire as satisfaction to a constitutional guilty plea that he informed Petitioner of … |
| 20-7992 |
Noah Drake Primeaux v. Louisiana |
Louisiana |
2021-05-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions non-unanimous-jury prosecutorial-misconduct ramos-v-louisiana sixth-amendment |
1. Reasonable jurists would determine that the holding in Ramos v. Louisiana would apply to persons on Direct Appeal concerning the non-unanlmous jury… |
| 20-7934 |
John Patrick Couch v. United States |
Eleventh Circuit |
2021-05-05 |
GVR |
Relisted (6)IFP |
affirmative-defense controlled-substances criminal-procedure jury-instructions medical-practice standard-of-care |
Did the trial court error by conflating the Valid defense of a crime as an element of that crime in its instruction to the jury regarding a physician … |
| 20-7907 |
Julio Solano v. California |
California |
2021-05-03 |
Denied |
IFP |
due-process heat-of-passion insufficient-evidence jury-instruction jury-instructions prosecutorial-misconduct provocation second-degree-murder voluntary-manslaughter |
1. Whether the California Courts failure to adequately instruct the jury on provocation in the context of Second Degree Murder violated federal due pr… |
| 20-7879 |
Vincent Gino Chavez v. Brian Cates, Warden |
Ninth Circuit |
2021-04-28 |
Denied |
Response WaivedIFP |
capital-case capital-cases circuit-split criminal-procedure due-process jury-instructions lesser-included-offense lesser-included-offenses noncapital-cases |
In Beck v. Alabama, 477 U.S. 625, 638 (1980), this Court held that a criminal defendant is entitled to jury instructions on lesser included offenses i… |
| 20-7853 |
Craig Allen Morgenstern v. United States |
Ninth Circuit |
2021-04-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ex-post-facto fifth-amendment ineffective-assistance jury-instructions sixth-amendment statutory-elements statutory-interpretation supervised-release |
But for the errors of the trial court which allowed modified jury instructions that impermissibly deleted statutory elements, defendant would not have… |
| 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 |
1. Should certiorari be granted to find that, when a jury bullies a
holdout juror, the District Court should issue an Allen charge, in which
it instru… |
| 20-1498 |
Kory Alexander v. Alex Jones, Acting Warden |
Seventh Circuit |
2021-04-27 |
Denied |
Response Waived |
alleyne-precedent appellate-review criminal-elements criminal-procedure double-jeopardy due-process firearm-discharge first-degree-murder jury-instructions lesser-included-offense sentencing sentencing-factor |
Kory Alexander was charged by indictment with first degree murder with the specific allegation that he personally discharged a firearm during the comm… |
| 20-1496 |
Ali Mohamed Elatrache v. Shane Jackson, Warden |
Sixth Circuit |
2021-04-26 |
Denied |
Response Waived |
capital-murder constitutional-rights due-process first-degree-murder jury-instructions jury-trial lesser-included-offenses procedural-default trial-by-jury |
I.
WHETHER REASONABLE JURISTS COULD
DIFFER AS TO WHETHER PETITIONER WAS
DEPRIVED OF A CONSTITUTIONAL RIGHT
TO DUE PROCESS AND TO TRIAL BY JURY
WHEN TH… |
| 20-7838 |
Edward M. Vargas, Sr. v. Craig Koenig, Warden |
Ninth Circuit |
2021-04-23 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-charge criminal-indictment criminal-procedure due-process fair-notice indictment jury-conviction jury-instructions ninth-circuit |
Whether the Ninth Circuit misapplied this Court's precedents in ruling that Petitioner was not denied fair notice of the charges against him despite t… |
| 20-7750 |
Kepa Maumau v. United States |
Tenth Circuit |
2021-04-14 |
GVR |
IFP |
18-usc-924c crime-of-violence due-process force-clause hobbs-act jury-instructions reckless reckless-conduct |
1. Model jury instructions define Hobbs Act robbery, 18 U.S.C. § 1951, to include takings caused by fear of future economic harm to "intangible proper… |
| 20-7755 |
Wilbert James Veasey, Jr. v. United States |
Fifth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
civil-regulations constitutional-rights due-process evidence fact-finding fair-trial judicial-proceedings jury-instructions sixth-amendment |
(1) Did District court's Jury instruction impermissibly impair and redirect the jury's considerations of the evidence by adding word from Civil Regula… |
| 20-7757 |
James L. Toliver v. Florida |
Florida |
2021-04-14 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process equal-protection harmless-error jury-instructions standard-of-review |
The question(s) presented in this case is whether similarly situated criminal defendants should be treated equally in pipeline cases where erroneous j… |
| 20-7677 |
Juan Manuel Fuentes-Morales v. United States |
Fourth Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
attorney-speech constitutional-interpretation criminal-procedure due-process fourth-circuit jury-instruction jury-instructions reasonable-doubt victor-v-nebraska |
Whether the Fourth Circuit's reasonable doubt charge conflicts with Victor v. Nebraska; and whether circuits can prohibit counsel from discussing reas… |
| 20-7632 |
Shannon D. Hixon v. United States |
Sixth Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
causation criminal-law criminal-statute death-results drug-overdose drug-trafficking due-process foreseeable-result jury-instruction jury-instructions sentencing |
WHETHER A DEFENDANT MAY BE CONVICTED UNDER THE "DEATH RESULTS" PROVISION OF 21 U.S.C. § 841(b)(1)(C) WITHOUT INSTRUCTING THE JURY THAT IT MUST DECIDE … |
| 20-7616 |
Deshun Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-03-31 |
Denied |
IFP |
constructive-denial cronic cronic-standard effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions sentencing sixth-amendment trial-counsel trial-strategy |
Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury t… |
| 20-7592 |
Alan Eugene Miller v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2021-03-29 |
Denied |
IFP |
aggravating-factor aggravating-factors caldwell-v-mississippi capital-sentencing death-penalty eighth-amendment jury-instructions jury-verdict sixth-amendment |
After petitioner Alan Miller was convicted of murder, the trial judge instructed the jurors that their penalty-phase verdict was merely an advisory re… |
| 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 |
A common-sense extension of the right to a trial by jury is the right to a jury informed of relevant and non-confusing jury instructions. Here, the tr… |
| 20-7531 |
Baidehi L. Mukherjee v. The Childrens Mercy Hospital |
Eighth Circuit |
2021-03-23 |
Denied |
IFP |
after-acquired-evidence appellate-review civil-procedure due-process employment-discrimination equal-protection hearsay-evidence jury-instructions standard-of-review summary-judgment |
1. Should the violation of Standard of Review for Summary Judgment be allowed to stand uncorrected?
2. Should the violation of Federal Rules of Civil… |
| 20-7491 |
Esmervi Carone Rodriguez v. United States |
Fifth Circuit |
2021-03-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
bad-faith circuit-court circuit-split constitutional-law criminal-procedure evidence-spoliation jury-instructions legal-force pattern-instructions spoliation-of-evidence |
I. Whether pattern jury instructions approved by the circuit courts carry any independent legal force?
II. Whether federal criminal defendants may re… |
| 20-7495 |
Angel Santiago-Gonzalez v. Florida |
Florida |
2021-03-18 |
Denied |
IFP |
14th-amendment due-process fourteenth-amendment jury-instructions reasonable-doubt sentencing sentencing-determinations statutory-maximum unanimous-verdict |
Whether a defendant's right to due process as guaranteed by the Fourteenth Amendment through requiring that every element of any offense to be proven … |
| 20-7448 |
Shuntario Johnson v. United States |
Sixth Circuit |
2021-03-15 |
Denied |
Response WaivedIFP |
chambers-v-mississippi confrontation-clause criminal-procedure due-process hearsay jury-instructions right-to-confront-witnesses right-to-present-defense right-to-present-evidence sixth-amendment |
Whether the Sixth Circuit's decision to affirm the hearsay objection was contrary to Chambers v. Mississippi, 410 U.S. 284, 302 (1973) and its progeny… |
| 20-7373 |
Christopher Mathew Payne v. Arizona |
Arizona |
2021-03-09 |
Denied |
IFP |
resulting in prejudice capital-punishment death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions parole-ineligibility simmons-precedent |
Whether a death sentence may be carried out when defense counsel unreasonably fails to inform the jury of parole ineligibility under Simmons, 512 U.S.… |
| 20-7360 |
Emmanuel Feaster v. United States |
Second Circuit |
2021-03-08 |
Denied |
Relisted (2)IFP |
criminal-law criminal-statute firearm-possession firearms jury-instruction jury-instructions plain-error rehaif-standard rehaif-v-united-states statutory-interpretation supreme-court-precedent |
Title 18, United States Code, Section 922(g)(1), "[i]t shall be unlawful" for certain individuals to possess firearms that have traveled in interstate… |
| 20-1223 |
Johnson & Johnson, et al. v. Gail L. Ingham, et al. |
Missouri |
2021-03-04 |
Denied |
Amici (10) |
civil-litigation civil-procedure consolidation due-process jury-consolidation jury-instructions plaintiffs prejudice trial-procedure |
1. Whether a court must assess if consolidating multiple plaintiffs for a single trial violates due process, or whether it can presume that jury instr… |
| 20-7322 |
Kelsey Videl Coffee v. United States |
Eleventh Circuit |
2021-03-03 |
Denied |
Response WaivedIFP |
actual-innocence aiding-and-abetting conspiracy criminal-conviction criminal-law due-process hobbs-act jury-instructions |
1) Whether Petitioner Is Actually Innocent Of Counts 48, Based On Conspiracy To Hobbs Act Robbery And Aiding And Abetting Hobbs Act Robbery (Davis v. … |
| 20-7293 |
Willie Safford v. Florida |
Florida |
2021-03-02 |
Denied |
IFP |
civil-rights constitutional-violation defense-counsel due-process ineffective-assistance jury-instructions lesser-included-offense mitigating-evidence post-conviction-relief right-to-counsel sentencing-phase standard-of-review |
Question not identified. |
| 20-7270 |
Keith D. Barmore v. Sonja Nicklaus, Warden |
Seventh Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel involuntary-manslaughter jury-instructions prosecutorial-misconduct |
Whether Petitioner was deprived of his due-process of law, and a fair trial, where the trial court never orally read the jury instructions to the jury… |
| 20-7248 |
Jonathan Lee Page v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-02-25 |
Denied |
IFP |
constitutional-law court-limitation criminal-procedure independent-act ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection primary-offense primary-offenses trial-procedure |
1. Whether counsel was ineffective when he failed to timely object to the lower court expressly limiting the independent act jury instruction to the p… |
| 20-7252 |
John Raymond Travis v. California |
California |
2021-02-25 |
Denied |
IFP |
capital-punishment cruel-and-unusual-punishment due-process effective-assistance-of-counsel fifth-amendment jury-instructions mitigating-factors sixth-amendment |
1. May a trial court, consistent with the requirements of the federal Fifth, Sixth, Eighth and/or Fourteenth Amendment guarantees of a fundamentally f… |
| 20-7225 |
Derek Michael Rigsby v. Colorado |
Colorado |
2021-02-24 |
Denied |
IFP |
criminal-procedure criminal-trial double-jeopardy due-process jury-instructions jury-verdict legal-remedy mutually-exclusive-verdicts sixth-amendment |
Whether the Due Process Clause and the Sixth Amendment require that a defendant receive a new trial where a jury returns mutually exclusive guilty ver… |
| 20-7231 |
Troy Baker v. United States |
Sixth Circuit |
2021-02-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
background-evidence circuit-split confrontation-clause criminal-procedure evidence-admissibility investigative-context jury-instructions out-of-court-statements prejudice |
Should the Court Grant the Petition to Resolve a Conflict Among the Circuit Courts Over the Propriety of Admitting Out-of-Court Statements That a Defe… |
| 20-1131 |
James C. Dimora v. United States |
Sixth Circuit |
2021-02-17 |
Denied |
Response Waived |
bribery conviction criminal-conviction due-process jury-instruction jury-instructions lawful-conduct legal-error official-act statutory-interpretation |
Whether a McDonnell error—i.e., defining the element of "official act" overbroadly in bribery counts and thereby enabling a jury to wrongly conclude t… |
| 20-7145 |
Rasheik Amond Harris v. United States |
Eighth Circuit |
2021-02-12 |
Denied |
IFP |
appellate-review criminal-law criminal-procedure due-process felon-in-possession firearm-offense jury-instructions mens-rea plain-error |
Whether a defendant who was found guilty after a jury trial to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g), is automatically ent… |
| 20-7146 |
Frank Ray Gallardo v. United States |
Eighth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
circuit-conflict circuit-split criminal-law criminal-statute due-process federal-criminal-law jury-instruction jury-instructions mens-rea specific-intent statutory-interpretation |
Whether a defendant charged with an offense under 18 USC § 2244 is entitled to a specific intent instruction and there is a conflict among Circuits. |
| 20-7147 |
Joe Angel Acosta, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-02-12 |
Denied |
IFP |
civil-rights constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions post-conviction-relief procedural-default sufficiency-of-evidence |
Does this Court's holding in Cole v. Arkansas 68 S.Ct 514 constitute "Actual Innocence" or "Miscarriage of Justice" to excuse procedural default? |
| 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 this Court, in order to safeguard a defendant's rights to due process and a fair and impartial jury, clarify the extent to which a trial court … |
| 20-6966 |
Charles Eloys Johnson, aka Adam White v. United States |
Fourth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
18-usc-924c appellate-review conspiracy crime-of-violence criminal-procedure hobbs-act hobbs-act-robbery jury-instruction jury-instructions plain-error substantial-rights |
Charles Johnson was convicted of two counts of possessing a firearm during a crime of violence. 18 U.S.C. § 924(c). The district court instructed the … |
| 20-6951 |
Julio Torres Palomo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-26 |
Denied |
IFP |
criminal-procedure due-process evidence-sufficiency expert-testimony hearsay hearsay-objection indictment indictment-insufficiency jury-instructions sexual-abuse sufficiency-of-evidence |
FORMAL REQUISITE OF AN INDICTMENT:
THE INDICTMENT FAILED TO PROPERLY ALLEGE THE OFFENSE,AS WRITTEN
IN THE TEXAS PENAL CODE ANN. § 21.02.
INSUFFICIEN… |
| 20-6936 |
Scott Tucker v. United States |
Second Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jury-instructions mens-rea racketeering |
1. Whether the Court of Appeals has endorsed an inflexible rule that limits evidence of legal advice rendered to the defendant to the very inception o… |
| 20-6926 |
Nestor Alegria Hernandez v. California |
California |
2021-01-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equal-protection fourteenth-amendment intoxicated-driving involuntary-manslaughter jury-instructions lesser-included-offense |
I. CALIFORNIA LAW VIOLATES THE FOURTEENTH AMENDMENT'S EQUAL PROTECTION CLAUSE BY REQUIRING ITS COURTS TO INSTRUCT ON INVOLUNTARY MANSLAUGHTER AS A LES… |
| 20-6927 |
Anthony Freeney v. United States |
Fifth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
18-usc-3553a audio-recordings criminal-procedure due-process evidence-sufficiency jail-phone-calls jury-instructions jury-verdict sentencing standard-of-review sufficiency-of-evidence |
GUILTY VERDICT?
DID THE DISTRICT COURT ERR IN ADMITTING AUDIO RECORDINGS OF MR. FREENEY'S JAIL PHONE CALLS?
DID THE SENTENCE IMPOSED BY THE DISTRICT… |
| 20-988 |
Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. v. Aaron Edmunds Tyson |
Third Circuit |
2021-01-25 |
Denied |
|
accomplice-liability aedpa aedpa-review benefit-of-the-doubt cullen-v-pinholster due-process habeas-corpus jury-instructions standard-of-review |
Under Pennsylvania law it is well-settled that to be found guilty of First Degree Murder as an accomplice, a defendant must have the specific intent t… |
| 20-6892 |
Vashaun Williams v. Illinois |
Illinois |
2021-01-14 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment compelled-testimony constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions self-incrimination sixth-amendment |
4he U^e^lc'i^erAfeasor 4o Calf
D^Pe^SC. a [/lo/aJ't'ojO o\ b&fh A" Q/^A /VA^ejuAbeAs Pcl coi-f-yjsSS Cr -jP23) |a)\\hoiA XoooL/Ap -Me u)eplAby -fhe. … |
| 20-6824 |
Raymond Bright v. Florida |
Florida |
2021-01-11 |
Denied |
IFP |
14th-amendment due-process elements-of-offense fourteenth-amendment jury-instructions reasonable-doubt sentencing sentencing-determinations statutory-maximum unanimous-verdict |
Whether a defendant's right to due process as guaranteed by the Fourteenth Amendment through requiring that every element of any offense to be proven … |
| 20-6815 |
Robert Munoz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
constitutional-due-process double-jeopardy due-process false-testimony fourteenth-amendment indictment jury-instructions prosecutorial-misconduct statute-of-limitations |
IS IT WRITTEN IN THE U.S. CONSTITUTION THAT A PERSON MAY BE INDICTED, REINDICTED .3-TIMES WITH SAME CAUSE NUMBER: BROADEN, ABANDON, AND BRING ABANDONE… |
| 20-913 |
Joseph Wilborn v. Alex Jones, Acting Warden |
Seventh Circuit |
2021-01-08 |
Denied |
Response Waived |
circuit-split federal-habeas federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment state-court-decision strickland-standard strickland-v-washington |
During opening statements at Petitioner's murder trial, his counsel promised the jury that it would hear from the only eyewitness. Counsel later reneg… |
| 20-6796 |
Simon A. Sanchez v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-01-07 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure deadly-weapon due-process fair-trial ineffective-assistance-of-counsel jury-instructions |
Whether Trial Counsel failure to object a factual withholding with Guilty modifications in two (Pharenteticals) of Jury instructions, prevented Juror'… |
| 20-6781 |
Bernard Moore v. United States |
Eleventh Circuit |
2021-01-05 |
Denied |
Relisted (2)IFP |
appellate-review circuit-split criminal-procedure due-process felon-in-possession felon-status jury-instructions rehaif-standard rehaif-v-united-states sentencing substantial-rights |
In Rehaif v. United States, this Court held that 18 U.S.C. §§ 922(g) and 924(a)(2) require the government to prove that "the defendant knew he possess… |
| 20-6770 |
Lelis Ezequiel Treminio-Tobar v. United States |
Fourth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
5th-amendment affirmative-defense criminal-procedure due-process fifth-amendment jury-instruction jury-instructions trial-court |
Whether the Fifth Amendment Due Process right to present a defense requires the trial court to instruct the jury that it has a duty to acquit any defe… |
| 20-6710 |
Marlon Iron Crow v. United States |
Eighth Circuit |
2020-12-28 |
Denied |
Response WaivedIFP |
18-usc-1 criminal-law criminal-statute jury-instruction jury-instructions malice-aforethought mens-rea second-degree-murder statutory-interpretation |
Whether the "reckless" mens rea should be included in the jury instruction for "malice aforethought" for second degree murder under 18 U.S.C. § 1. |
| 20-6654 |
Gabino Romero v. Raymond Madden, Warden |
Ninth Circuit |
2020-12-18 |
Denied |
Relisted (2)IFP |
4th-amendment chain-of-custody civil-rights constitutional-rights due-process evidentiary-rulings fair-trial jury-instructions prejudice search-and-seizure standing |
Whether the District Court of the United States was warranted in dismissing and converting research prior to bench hearing.
Whether the District Cour… |
| 20-6660 |
Shusta Traverse Gumbs v. United States |
Eleventh Circuit |
2020-12-18 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-procedure deadly-weapon intent jury-instruction jury-instructions lesser-included-offense united-states-v-feola |
I. Whether the district court erred in giving only the first sentence of Mr. Gumbs' request to charge on use of a deadly weapon in light of the Circui… |
| 20-6628 |
Rodane Lamb v. United States |
Eleventh Circuit |
2020-12-15 |
Denied |
Response WaivedIFP |
conspiracy-charges criminal-procedure dea-testimony due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions jury-selection trial-errors |
1) Was Counsel Ineffective For Not Challenging Petitioner's
Stated Cumulative Errors in Argument One?
2) Was Counsel Ineffective For Not Challenging… |
| 20-6624 |
Aaron Michael Aguilera v. California |
California |
2020-12-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-defendant criminal-defendant-rights due-process fair-trial harmless-error jury-instructions presumption-of-innocence right-to-testify structural-error |
1. Consistent with a criminal defendant's fundamental right to testify in his or her own defense — as well as the right to present a complete defense,… |
| 20-6572 |
Deshawn Legrier v. United States |
Second Circuit |
2020-12-09 |
Denied |
Relisted (2)IFP |
appellate-review criminal-procedure evidence-consideration felon-in-possession judicial-proceedings jury-instructions plain-error-review rehaif-error rehaif-v-united-states sufficiency-of-evidence trial-record |
In Rehaif v. United States, 139 S.Ct. 2191 (2019), this Court held that knowledge-of-status was an element of the crime set forth in 18 U.S.C. § 922(g… |
| 20-6585 |
Bernard Moore v. United States |
Eleventh Circuit |
2020-12-09 |
Dismissed |
IFP |
appellate-review circuit-split criminal-law criminal-procedure due-process felon-in-possession fifth-amendment jury-instructions rehaif-standard rehaif-v-united-states substantial-rights |
One and Two
In Rehaif v. United States, this Court held that 18 U.S.C. §§ 922(g) and 924(a)(2) require the government to prove that "the defendant kn… |
| 20-6569 |
Quincey Frye v. United States |
Second Circuit |
2020-12-08 |
Denied |
Relisted (2)IFP |
appellate-review felon-in-possession judicial-proceedings jury-instructions mens-rea plain-error rehaif-v-united-states second-circuit trial-record |
Should the Court of Appeals have looked beyond the trial record to Frye's presentence investigation report to decide that there was no plain error tha… |
| 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… |
| 20-6540 |
Joshua N. Wright v. United States |
Fourth Circuit |
2020-12-04 |
Denied |
Response WaivedIFP |
abduction acquitted-conduct constitutional-law crime-of-violence criminal-law due-process federal-courts jury-instruction jury-instructions sentencing sentencing-enhancement upward-variance |
1. Whether the district court erred in its "crime of violence" instruction to the jury.
2. Whether the district court erred in assessing an enhanceme… |
| 20-6519 |
Julian Mondragon-Hernandez, aka David Rojas, et al. v. United States |
Ninth Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
alternative-elements conviction criminal-procedure factual-findings judicial-fact-finding judicial-review jury-instructions jury-verdict mandatory-minimum-sentences mandatory-minimums sentencing sufficiency-of-evidence |
When a jury verdict allows for alternative elements of conviction, may courts review the evidence and make factual findings to uphold the conviction a… |
| 20-6524 |
Joshua D. Myers v. Georgia |
Georgia |
2020-12-03 |
Denied |
IFP |
burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure |
Whether the State proved the essential element of "without the consent" beyond a reasonable doubt.
Whether the trial court's refusal to charge the le… |
| 20-761 |
Austin Joseph Campbell v. Missouri |
Missouri |
2020-12-02 |
Denied |
Response Waived |
burden-of-proof consent criminal-law due-process jury-instructions sexual-assault |
1. Is evidence that a complainant does not remember giving consent, and states that she awoke from sleep during the sexual encounter, legally sufficie… |
| 20-6486 |
Rakeem Asaad Davis v. United States |
Eleventh Circuit |
2020-12-01 |
Denied |
Relisted (2)IFP |
criminal-history firearm-possession jury-instructions rehaif-error rehaif-v-united-states second-amendment sentencing-procedure statutory-interpretation substantial-rights |
When determining whether a defendant's substantial rights were affected by an indictment and jury instructions that omitted an essential element of a … |
| 20-6433 |
Byron Jones v. United States |
Fifth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
assault-with-dangerous-weapon criminal-procedure drug-conspiracy evidence-admission fifth-circuit-court jury-instructions murder-in-aid-of-racketeering pattern-of-racketeering rico-conspiracy rico-enterprise witness-intimidation |
1. Did the Fifth Circuit Court of Appeals err when it found that Byron Jones was guilty of a RICO conspiracy?
2. Did the Fifth Circuit Court of Appea… |
| 20-6411 |
Miguel A. Ramirez v. California |
California |
2020-11-24 |
Denied |
IFP |
civil-rights criminal-conviction criminal-procedure cumulative-error defendant-rights due-process evidence-admissibility jury-instructions prejudicial-error sexual-abuse |
1. whetheR a juRy InstRuction in corractly Stating
That Continous Sexual abuse of a child is a
general intent cRime was PRejudiciael?
2. Whothek the … |
| 20-6367 |
Kissinger St. Fleur v. United States |
Eleventh Circuit |
2020-11-18 |
Denied |
IFP |
appellate-review buyer-seller-transaction cocaine-distribution conspiracy criminal-conspiracy criminal-procedure drug-crimes due-process fair-trial judicial-discretion jury-instruction jury-instructions |
Did the district court and the Eleventh Circuit deny Mr. St. Fleur a fair trial when it failed to give buyer-seller instructions to the jury? |
| 20-6339 |
George B. Larsen v. United States |
Ninth Circuit |
2020-11-17 |
Denied |
IFP |
bad-faith-defense bank-fraud due-process fair-trial fifth-amendment jury-instructions sixth-amendment |
Where a United States district court's bank-fraud jury instructions erroneously omit a factually supported bad-faith defense — which is an absolute de… |
| 20-6226 |
Carlos Maez v. United States |
Seventh Circuit |
2020-11-05 |
Denied |
Relisted (2)IFP |
appellate-review burden-of-proof criminal-procedure judicial-proceedings jury-instructions jury-verdict olano-standard plain-error plain-error-test sixth-amendment standard-of-review |
The Sixth Amendment requires that no person be convicted of a felony except on a finding by a jury that the government has proved its case beyond a re… |
| 20-6197 |
Gregory C. Raymore v. United States |
Sixth Circuit |
2020-11-03 |
Denied |
Relisted (2)IFP |
criminal-law due-process firearms indictment jury-instructions mens-rea |
A. Whether Petitioner's conviction must be vacated because (1) the indictment failed to alleg e an essential element of the offense–that Petitioner kn… |
| 20-6191 |
Daniel Johnson v. United States |
Ninth Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
aggravated-sexual-abuse criminal-procedure due-process evidence-standard harmless-error jury-instruction jury-instructions ninth-circuit sexual-abuse victim-age |
1. The Ninth Circuit held that for a conviction under 18 U.S.C. § 2241(c) (aggravated sexual abuse), the government must prove, and the jury must be i… |
| 20-6171 |
Kenneth Emanuel Baptiste v. Craig Koenig, Warden |
Ninth Circuit |
2020-10-29 |
Dismissed |
IFP |
capital-murder capitol-murder constitutional-error due-process fair-trial jury-instruction jury-instructions reconsideration severance-motion stolen-property trial-procedure |
Was instructing the Jury with CALJIC No. 2.15 in error.and denied the Petit ioner "Due Process" of Federal Constitutional Demensions .Because he was b… |
| 20-6129 |
Matthew R. Jones v. United States |
Seventh Circuit |
2020-10-26 |
Denied |
Relisted (2)IFP |
5th-amendment 6th-amendment appellate-review due-process jury-instructions plain-error |
The Fifth Amendment requires that no person be held to answer for a felony unless on indictment of a grand jury or without due process of law. The Six… |
| 20-6097 |
Francisco J. Martinez v. Adolfo Gonzalez, Chief Probation Officer, San Diego, California |
Ninth Circuit |
2020-10-23 |
Denied |
Response WaivedIFP |
commodities-fraud criminal-procedure due-process harmless-error jury-instruction jury-instructions scienter |
reasonable doubt in this commodities fraud prosecution. |
| 20-6096 |
Dieuseul Brown v. Sonja Nicklaus, Warden |
Seventh Circuit |
2020-10-22 |
Denied |
IFP |
criminal-procedure due-process first-degree-murder independent-and-adequate-state-grounds jury-finding jury-instructions procedural-default second-degree-murder state-grounds |
Whether the Petitioner's claim is Procedurally Defaulted under the Independent and Adequate State grounds Doctrine. Whether the lower courts erred in … |
| 20-6098 |
Lamont Owens v. United States |
Eighth Circuit |
2020-10-21 |
Denied |
Relisted (2)IFP |
criminal-procedure fairness-integrity-public-reputation intervening-supreme-court-decision judicial-review jury-instructions plain-error plain-error-review substantial-rights supreme-court-decision trial-record |
Whether plain-error review for failure to instruct on an element of the offense, base upon an intervening U.S. Supreme Court decision, allows courts t… |
| 20-6044 |
Luidgi Benjamin v. United States |
Second Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
character-evidence character-testimony criminal-procedure district-court-jurisdiction due-process enticement evidentiary-admission judicial-discretion jury-instructions venue venue-challenge |
1. Should certiorari be granted where venue was laid in the
Southern District of New York, even though no elements of the crime
occurred there, includ… |
| 20-6036 |
Torrey Washington v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-10-15 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance jury-instructions prosecutorial-misconduct |
evidence never prove goilt Beyond a Reasonable doubt?
Atornery when She vouched that her experts Was telling the troth and did this deny the Petihoer… |
| 20-5949 |
Timmy Scott v. United States |
Fifth Circuit |
2020-10-08 |
Denied |
Relisted (4)IFP |
criminal-indictment criminal-law felon-in-possession firearms-possession indictment jury-instructions mens-rea prohibited-status rehaif rehaif-challenge |
1) Whether Rehaif's mens rea requirement is limited to whether or not the defendant knew he was a convicted felon alone, or whether it requires him to… |
| 20-5952 |
Patrick Muraca v. United States |
Second Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure jury-instructions jury-request operative-term trial-court |
1. Whether a trial court must provide a definition for a term of operative significance when it is requested by a deliberating jury?
2. Whether the C… |
| 20-5935 |
Frank Allen Levi Holland v. Michigan |
Michigan |
2020-10-07 |
Denied |
IFP |
burden-of-proof compulsory-violations confrontational-violations constitutional-rights criminal-procedure due-process evidence-admission ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct |
Is leaving allowance for a defendant's Sixth and Federal Constitutional right to due process of law to be violated by denying erroneous instructions a… |
| 20-5939 |
Kadeem Burden v. United States |
Fifth Circuit |
2020-10-07 |
Denied |
Relisted (4)IFP |
criminal-procedure due-process fifth-amendment firearm-possession jury-instructions plain-error-review rehaif-standard rehaif-v-united-states sixth-amendment |
In a conviction for violation of 18 U.S.C. Section 922(g), after a jury trial held prior to this Court's ruling in Rehaif v. United States, 139 S.Ct. … |
| 20-5888 |
Burton Lee Smith v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-10-02 |
Denied |
IFP |
404(b)-jury-instructions bruton-v-united-states certificate-of-appealability confrontation-clause constitutional-rights effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions mug-shot-identification severance-of-defendants sleeping-juror trial-procedure |
1.) Whether the Third Circuit Court of Appeals Erred in Denying
Petitioner a Certificate of Appealability on His Claim that
was not Denied His State… |
| 20-419 |
Stephen Robert Deck v. California |
California |
2020-10-01 |
Denied |
Response Waived |
14th-amendment attempt attempt-offense custodial-arrest due-process jury-instructions jury-unanimity right-to-counsel search-warrant temporal-element unanimity |
1. Whether the temporal direct step element of an attempt offense may be changed by jury instructions to occur on the charged "on or about" dates, or … |
| 20-5883 |
Kyle Patrick Comrie v. California |
California |
2020-10-01 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process felony-murder jury-findings jury-instructions reasonable-doubt sandstrom sufficiency-of-evidence |
Petitioner's first degree murder conviction was invalid under People v, Chiu as
there was no basis to find that the iurv did not rely on aiding and a… |
| 20-5844 |
Horacio Santamaria, Jr. v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
constitutional-error constitutional-rights due-process grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice prosecutorial-misconduct |
WHETHER THE GOVERNMENT'S UNAVAILING DEFENSE OF THE INDEFENSIBLE WITH RESPECT TO THE INDICTMENT, INADEQUATE JURY INSTRUCTIONS, PROSECUTORIAL MISCONDUCT… |
| 20-5854 |
Trumaine Muller v. United States |
Eleventh Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-offense drug-offenses intervening-act jury-instruction jury-instructions mens-rea plain-error proximate-cause |
I. THE TRIAL COURT COMMITTED PLAIN ERROR IN FAILING TO INSTRUCT THE JURY THAT THE GOVERNMENT HAD TO PROVE MENS REA AS TO EACH DRUG OFFENSE AND THE RES… |
| 20-5773 |
William C. McGee v. United States |
Eighth Circuit |
2020-09-24 |
Denied |
Relisted (4)IFP |
armed-career-criminal-act criminal-procedure essential-element judicial-determination jury-instructions jury-trial sixth-amendment structural-error |
I. Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness as held by the Eig… |
| 20-5783 |
Chia Jean Lee v. United States |
Fifth Circuit |
2020-09-24 |
Denied |
Response WaivedIFP |
appellate-review chapman-v-california circuit-split constitutional-standard criminal-procedure deliberate-indifference harmless-error jury-instruction jury-instructions standard-of-review |
The government requested and received a deliberate indifference instruction in the criminal jury charge, over Lee's objection. The Fifth Circuit Court… |
| 20-5742 |
David Tachay Heard v. United States |
Eighth Circuit |
2020-09-17 |
Denied |
Relisted (3)IFP |
appellate-review criminal-procedure cross-racial-identification due-process eyewitness-identification federal-standard jury-instruction jury-instructions plain-error standard-of-review |
1. Should federal district courts be required to give a cautionary jury instruction, upon a defendant's request, to guide the jury's evaluation of eye… |
| 20-5748 |
Dacarius Holliday v. Louisiana |
Louisiana |
2020-09-17 |
Denied |
IFP |
constitutional-error criminal-intent criminal-negligence due-process eighth-amendment jury-instructions jury-sentencing specific-intent standard-of-proof trial-court |
1. Can convictions for crimes requiring specific intent create constitutional error where the trial court has ruled that the evidence supports crimina… |
| 20-5682 |
Simon F. Ranteesi v. Eric Arnold, Warden |
Ninth Circuit |
2020-09-14 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-rights due-process expert-testimony fair-trial ineffective-counsel jury-instructions medical-malpractice mental-state prosecutorial-misconduct |
(1)
Was Petitioner denied his Human and Civil Rights Under the First, fifth, sixth, eight, and fourteenth Amendment to the United States Constitution,… |
| 20-5645 |
Virgil Nickens v. United States |
Eleventh Circuit |
2020-09-10 |
Denied |
Relisted (3)IFP |
appellate-courts criminal-law federal-courts federal-courts-of-appeals jury-instructions jury-verdict plain-error-review rehaif-standard rehaif-v-united-states united-states-v-olano |
In Rehaif, v. United States, this Court held that the government establishes that a defendant aided and abetted an 18 U.S.C. § 924(c) offense only if … |
| 20-5620 |
Ivan Soto-Barraza and Jesus Lionel Sanchez-Meza v. United States |
Ninth Circuit |
2020-09-09 |
Denied |
Response WaivedIFP |
consent conspiracy constructive-amendment criminal-procedure extortion hobbs-act jury-instructions robbery |
The Hobbs Act defines extortion, in relevant part, as requiring the wrongful use of violence or fear in order to induce a person to consent to part wi… |
| 20-5558 |
Anthony Smith v. United States |
Second Circuit |
2020-09-02 |
Denied |
Relisted (3)IFP |
criminal-law criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions knowledge-element mens-rea plain-error prohibited-possession |
1. Whether the district court committed plain error in failing to instruct the jury that the evidence must establish both that appellant Anthony Smith… |
| 20-5517 |
Scotty Ray Gardner v. Arkansas |
Arkansas |
2020-08-27 |
Denied |
IFP |
access-to-courts aggravating-circumstance aggravating-circumstances appellate-review capital-punishment capital-sentencing death-penalty due-process jury-instructions |
I.
In a state in which the death penalty is authorized only upon
a finding of an enumerated aggravating circumstance, does due process
require that ev… |
| 20-5465 |
In Re Francisco Felix |
|
2020-08-25 |
Denied |
Response WaivedIFP |
28-usc-3231 actual-innocence cause-and-prejudice constitutional-violations criminal-procedure ineffective-assistance-of-counsel jury-instructions procedural-default subject-matter-jurisdiction |
(1)
WHETHER THE GOVERNMENT'S UNAVAILING DEFENSE OF THE INDEFENSIBLE, WITH RESPECT TO THE
INDICTMENT, INADEQUATE JURY INSTRUCTIONS, AND THE CONSTRUCTI… |
| 20-5492 |
Ray Lamar Johnston v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-08-25 |
Denied |
IFP |
appellate-review caldwell-v-mississippi capital-punishment constitutional-claims death-penalty due-process habeas-corpus hurst-v-florida ineffective-assistance jury-instructions procedural-default |
1. Whether the Eleventh Circuit should have remanded or expanded the appeal after new law and evidence developed. The Eleventh Circuit had limited the… |
| 20-5430 |
Anthony G. Meyers v. Cathy Jess, Warden |
Seventh Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
criminal-law duty-to-retreat first-degree-reckless-homicide homicide ineffective-assistance-of-counsel jury-instructions self-defense utter-disregard |
1. Was there sufficient evidence of utter "utter disregard for human life" to support a first degree reckless homicide conviction?
2. Should addition… |
| 20-5403 |
Dimarzio Swade Sanchez v. United States |
Ninth Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
aiding-and-abetting criminal-procedure due-process first-degree-murder jury-instruction jury-instructions mandatory-life-imprisonment sixth-amendment |
The government convicted Dimarzio Swade Sanchez of aiding and abetting in first degree murder, and he was sentenced to a mandatory life imprisonment. … |
| 20-5372 |
Melvin Gamage v. Mississippi |
Mississippi |
2020-08-17 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions mississippi-supreme-court post-conviction-relief |
Whether circumstances that constitute exceptions to rule precluding successive postconviction filing include: 1) cases in which the prisoner can show … |
| 20-134 |
Abilio Hernandez, et al. v. Jason Boles, et al. |
Sixth Circuit |
2020-08-07 |
Denied |
|
appellate-review civil-rights constitutional-law due-process fourth-amendment jury-deference jury-instructions standard-of-review traffic-stop warrant-check |
L. In a civil rights lawsuit, should a federal appellate court grant deference to a jury's conclusions of law about constitutional issues?
I. While w… |
| 20-5299 |
Antonio Benson v. Tennessee |
Tennessee |
2020-08-07 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process evidence jury-instruction jury-instructions self-defense |
I.
Whether the ruling of the Tennessee Supreme Court, which reversed the opinion of the
Tennessee intermediate appellate court, that the Petitioner wa… |
| 20-5265 |
Hazhar A. Sayed v. Colorado |
Colorado |
2020-08-05 |
Denied |
Response WaivedIFP |
competency competency-evaluation constitutional-rights criminal-procedure due-process jury-instructions post-arrest-silence right-to-remain-silent self-defense |
Whether the trial court violated Sayed's constitutional right to remain silent and reversibly erred when it allowed the government to question a DOC i… |
| 20-5269 |
Amadeo Valls v. Florida |
Florida |
2020-08-05 |
Denied |
IFP |
acquittal burglary criminal-procedure due-process jury-instructions mens-rea structural-error |
(1) WHETHER Due process prohibits Florida from excluding Hews rea .instruction from Burglary CHARGES or WHETHER IT IS STRUCTURAL ERROR For Trial court… |
| 20-5240 |
Cynthia Gilmore v. United States |
Fourth Circuit |
2020-07-31 |
Denied |
Response WaivedIFP |
ambiguity ambiguous-verdict conspiracy criminal-procedure jury-instructions jury-verdict predicate-acts reasonable-doubt sentencing |
Whether the sentencing court is required to use the reasonable doubt standard to determine the predicate acts where the jury's verdict was purposefull… |
| 20-87 |
George Lee Nobles v. North Carolina |
North Carolina |
2020-07-29 |
Denied |
Response Waived |
criminal-law due-process federal-jurisdiction indian-law indian-status jury-determination jury-instructions major-crimes-act statutory-interpretation |
I. How does one determine whether a defendant is an Indian?
II. Is Indian status a jury question? |
| 20-5191 |
Joshua Edwards v. United States |
Fifth Circuit |
2020-07-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-trial due-process elements-of-crime elements-of-offense fifth-circuit jury-instructions trial-defense |
Did the United States Court of Appeals for the Fifth Circuit err when it held that the district court's failure to instruct the jury on the elements o… |
| 20-79 |
Cedric L. Daniels v. Dave Davey, Warden |
Ninth Circuit |
2020-07-27 |
Denied |
Response Waived |
confrontation-clause due-process evidence-admission fourteenth-amendment hearsay impeachment-evidence jury-instructions sixth-amendment three-strikes-law |
Could a jurist of reason find that petitioner was denied his Sixth Amendment right to confront and cross-examine witnesses and Fourteenth Amendment ri… |
| 20-5170 |
William Russell Williams v. Michigan |
Michigan |
2020-07-24 |
Denied |
IFP |
actus-reus criminal-procedure due-process ineffective-assistance jury-instructions mens-rea mitigation mitigation-instruction prosecutorial-misconduct right-to-present-defense sentencing-guidelines |
I. Was William Williams denied his right to due process, to present a defense, and to a properly instructed jury where the trial court refused to prov… |
| 20-5115 |
Gerson Serrano-Ramirez v. United States |
Sixth Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process evidence evidence-rules federal-procedure gang-affiliation jury-instructions motion-to-sever sufficiency-of-evidence venue |
Mr. Gerson Serrano-Ramirez was tried and convicted on in the United States District Court for the Middle District of Tennessee. Prior to and during tr… |
| 20-5037 |
Bruce Zachary Pugh v. United States |
Eighth Circuit |
2020-07-20 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
criminal-procedure fairness-integrity judicial-review jury-instructions plain-error public-reputation substantial-rights supreme-court-precedent trial-record |
(1) Whether plain-error review for failure to instruct on an element of the offense, based upon an intervening U.S. Supreme Court decision, allows cou… |
| 20-5095 |
Jethro L. Clairvoyant v. Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-07-16 |
Denied |
Response WaivedIFP |
due-process equal-protection ineffective-counsel jury-instructions martinez-claim reversals similarly-situated-defendants state-court |
1. WHETHER PETITIONER WAS DENIED DUE PROCESS AND EQUAL PROTECTION OF THE LAW BY THE STATE COURT'S REFUSAL TO RESERVE THE CONVICTIONS FROM THE STATE CO… |
| 20-5078 |
Vagan Adzhemyan v. United States |
Ninth Circuit |
2020-07-15 |
Denied |
Response WaivedIFP |
contested-element contested-elements due-process federal-kidnapping-statute harmless-error jury-instruction jury-instructions kidnapping-statute sixth-amendment structural-error |
Whether the Sixth Amendment allows a district court to refuse to instruct jurors on the only contested element of the federal kidnapping statute after… |
| 20-5082 |
Robert Deane Schwartz v. Raymond Madden, Warden |
Ninth Circuit |
2020-07-15 |
Denied |
IFP |
affirmative-defense certificate-of-appealability due-process fourteenth-amendment habeas habeas-corpus jury-instruction jury-instructions |
Did the Ninth Circuit err for failing to grant a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2) on petitioner's claim that the state … |
| 20-5058 |
Randy Estevez v. United States |
Second Circuit |
2020-07-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process felony-enhancement firearm-possession jury-instructions jury-unanimity sentencing sentencing-reasonableness u-s-sentencing-guidelines unanimity |
1. Whether the district court erred in not instructing the jury that it
should be unanimous on the date and location of his alleged
possession of the … |
| 20-5025 |
Eddie Matthew Amos v. Tommy Bowen |
Eleventh Circuit |
2020-07-13 |
Denied |
Response WaivedRelisted (2)IFP |
convicted-felon criminal-defense criminal-procedure effective-assistance-of-counsel fair-trial felon-in-possession firearm-possession ineffective-assistance-of-counsel jury-instructions self-defense |
(Ground One): Is a criminal defendant, who is also a previously
convicted felon, denied a fair trial and the effective assistance of
counsel when de… |
| 20-1 |
Nicholas E. Davis v. United States |
Armed Forces |
2020-07-09 |
Denied |
Response Waived |
appellate-review court-martial criminal-procedure jury-instruction jury-instructions plain-error supreme-court-precedent waiver |
Whether the failure to object to a pattern jury instruction erroneously describing the elements of the offense constitutes affirmative waiver such tha… |
| 20-5014 |
Darwin Josue Peralta v. North Carolina |
North Carolina |
2020-07-09 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure cross-examination due-process evidence jury-instructions legal-standards right-to-present-defense standard-of-review |
Whether the trial Court Violated Mr.Peralta Statutory and Constitutional Rights by Relying on Dr. Beth Hers sexual Abuse Finding because she based Her… |
| 19-8899 |
Michael Wayne Blanche v. United States |
Ninth Circuit |
2020-07-06 |
Denied |
Relisted (2)IFP |
18-usc-924(c)(3)(a) aiding-and-abetting armed-bank-robbery crime-of-violence federal-criminal-law jury-finding jury-instructions sentencing-enhancement statutory-interpretation |
Whether aiding and abetting armed bank robbery is a crime of violence under 18 U.S.C. § 924(c)(3)(A).
Whether the verdict and 7-year sentence on the … |
| 19-1432 |
Charles Rainer Sinek v. United States |
Second Circuit |
2020-06-29 |
Denied |
Response Waived |
appeal criminal-procedure due-process federal-rules-of-criminal-procedure jury-instructions prejudice rule-30 summation |
When a district court violates Fed. R. Crim. P. 30 and delivers a jury instruction different than what the parties were told to expect, must a defenda… |
| 19-1424 |
Kevin LeBeau v. United States |
Seventh Circuit |
2020-06-26 |
Denied |
Response Waived |
bank-fraud criminal-procedure due-process jury-instructions materiality restitution seventh-circuit strickland strickland-claim strickland-v-washington |
1. Was the omission of the concept of materiality from the bank fraud elements instruction error requiring a new trial?
2. Did the Seventh Circuit er… |
| 19-8824 |
Keith Newton v. Alabama |
Alabama |
2020-06-26 |
Denied |
Response WaivedIFP |
civil-rights due-process effective-counsel evidence jury-instructions statutory-interpretation |
Question not identified. |
| 19-8765 |
Tizazu F. Arega v. Lisa L. Sadler, Judge, et al. |
Ohio |
2020-06-19 |
Denied |
IFP |
14th-amendment conviction criminal-procedure due-process evidence judicial-review jury-instructions jury-misconduct legal-sufficiency sexual-intercourse trial-procedure verdict-validity |
PFrTTrSSp^t™ nl intercourse and the jury returned verdict findingSS 1KHSMafaSy 0™88 SS-HH 1™ THE JUHY HAD MOT BHM |
| 19-8731 |
Edson Gelin v. United States |
Eleventh Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
buyer-seller criminal-law criminal-procedure evidence-law fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense |
WHETHER THE DEFENSE IS ENTITLED TO A BUYER-SELLER JURY INSTRUCTION WHEN THE INSTRUCTION IS PART OF THE THEORY OF DEFENSE AND OTHERWISE NECESSARY FOR A… |
| 19-8720 |
Ankit Puri v. United States |
Fifth Circuit |
2020-06-16 |
Denied |
Response WaivedIFP |
criminal-law firearms immigration jury-instructions rehaif-v-united-states sufficiency-of-evidence |
1) Whether, in light of this Court's decision in Rehaif v. United States, 139 S.Ct. 2191 (2019), the indictment and jury instructions omitted an essen… |
| 19-8703 |
David Sosa-Baladron, et ux. v. United States |
Sixth Circuit |
2020-06-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jury-instructions obstruction-of-justice sentencing-guidelines |
I. Did a fatal variance occur when the charge was of one conspiracy but the proofs were of two, one of which there was no evidence of Petitioners' inv… |
| 19-8692 |
Robert Lee Shields v. United States |
Sixth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
buyer-seller buyer-seller-relationship conspiracy criminal-procedure drug-distribution jury-instructions narcotics-law pinkerton-liability substantive-drug-charges |
I. When the evidence in a drug distribution case demonstrates only two sales, what additional factors support an inference of a drug distribution cons… |
| 19-8679 |
Dan Reed v. United States |
Eleventh Circuit |
2020-06-11 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
appellate-review criminal-law criminal-procedure due-process jury-instructions rehaif-standard rehaif-v-united-states status-knowledge statutory-interpretation substantial-rights united-states-v-reed |
In Rehaif v. United States, this Court held that 18 U.S.C. §§ 922(g) and 924(a)(2) require the government to prove that "the defendant knew he possess… |
| 19-8612 |
Edward Ronald Stamper v. United States |
Ninth Circuit |
2020-06-05 |
Denied |
Response WaivedIFP |
consent criminal-intent criminal-law due-process indian-reservation ineffective-assistance-of-counsel jury-instruction jury-instructions mens-rea sexual-abuse sexual-assault |
The government convicted Edward Ronald Stamper of sexual abuse in violation of 18
U.S.C. § 2242(2)(B) based on a jury instruction which provided:
In … |
| 19-8542 |
Brian Lamar Brown v. Nevada, et al. |
Ninth Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure criminal-trial due-process fair-trial harmless-error jury-instructions legal-prejudice prosecutorial-misconduct |
Whether the prosecutor committed prejudicial misconduct during closing arguments? |
| 19-8420 |
Charles Wilson v. Wisconsin |
Wisconsin |
2020-05-12 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause criminal-procedure due-process evidence evidentiary-ruling ineffective-assistance-of-counsel jury-instructions jury-selection prosecutorial-discretion trial-court-discretion witness-testimony |
1. Whether it is Unconstitutinal for defense Counsel to admit an accueds Suilt to the jury over the accused's objection? And also adMit and accused's … |
| 19-8438 |
Rodney Lyn Emil v. Nevada |
Nevada |
2020-05-12 |
Denied |
IFP |
aggravating-factors burden-of-proof capital-sentencing constitutional-procedure death-penalty jury-finding jury-instructions mitigating-circumstances reasonable-doubt |
Nevada courts instruct juries that they may consider imposing a death sentence only after finding at least one statutory aggravating factor beyond a r… |
| 19-8446 |
Anthony S. Twitty v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. |
Third Circuit |
2020-05-12 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights due-process federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions pcra-statute reasonable-doubt |
1. Was the Petitioner denied the right to a fair trial, due to hypothetical jury instruction, and suffered ineffective assistance of counsel, regardin… |
| 19-8376 |
Carlos M. Guerrero-Castro v. United States |
First Circuit |
2020-04-28 |
Denied |
Response WaivedIFP |
conspiracy criminal-enterprise criminal-procedure enterprise essential-element judicial-procedure jury-instruction jury-instructions plain-error RICO rico-conspiracy |
Whether a district court commits plain error by refusing to properly
instruct the jury that the existence of an actual enterprise is always an
essenti… |
| 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 |
"The uncorrected suggestion that the responsibility for any ultimate determination of death will rest with others presents an intolerable danger that … |
| 19-8336 |
Igancio Reyes-Yanez v. United States |
Ninth Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure defendant-testimony due-process jury-instruction jury-instructions presumption-of-innocence |
1. Should a writ of certiorari be granted to address whether the Government can tell a jury that, "when [a defendant] testifies, there's no presumptio… |
| 19-8294 |
Roscoe Johnson v. Mississippi |
Mississippi |
2020-04-18 |
Denied |
Response WaivedIFP |
abuse-allegations criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions motion-in-limine position-of-trust |
Whether Johnson's Trial Counsel provided Constitutionally ineffective assistance of Trial Counsel when he failed to file a Motion in limine to prevent… |
| 19-8253 |
Rudolph Churchill v. Pennsylvania |
Pennsylvania |
2020-04-14 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel |
SIXTH AMENDMENT TO THE U.S. CONSTITUTION
INEFFECTIVE ASSISTANCE OF COUNSEL (TRIAL COUNSEL)
*FAILING TO REQUEST THAT THE JURY BE CHARGED WITH RESPECT
… |
| 19-8251 |
Kevin Duane Talkington v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-13 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-instructions jury-selection |
Counsel Palledtoistrike a juror coho saidhe couldht hesPaiP; investigate,
4 Plied t-aghe, an oro j ipatory eu/dence . the.and present
verbaiin reading… |
| 19-8237 |
Fernando Romero-Salgado v. United States |
Ninth Circuit |
2020-04-10 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure fifth-amendment jury-instruction jury-instructions mens-rea plain-error plain-error-review sixth-amendment substantial-rights |
Does Rehaif error per se affect a defendant's substantial rights under the third prong of plain-error review? |
| 19-8175 |
Kitrich A. Powell v. Nevada |
Nevada |
2020-04-03 |
Denied |
IFP |
aggravating-factors burden-of-proof capital-punishment constitutional-rights death-penalty jury-instructions mitigating-circumstances sixth-amendment |
Did the Nevada Supreme Court violate Mr. Powell's constitutional rights by making the outweighing requirement an afterthought for the jury, used only … |
| 19-8090 |
Joseph Weldon Smith v. Nevada |
Nevada |
2020-03-24 |
Denied |
IFP |
aggravating-factors capital-punishment constitutional-rights death-penalty due-process jury-instructions mitigating-circumstances sixth-amendment |
Did the Nevada Supreme Court violate Mr. Smith's constitutional rights by making the outweighing requirement an afterthought for the jury, used only t… |
| 19-8026 |
In Re Jonathan A. Hampton |
|
2020-03-18 |
Denied |
IFP |
civil-rights constitutional-rights constitutional-rights-speedy-trial-habeas-corpus-d criminal-law double-jeopardy due-process federal-jurisdiction habeas-corpus judicial-discretion jury-instructions personal-recognizance speedy-trial |
1. DOES THE PETITIONER IN A HABEAS PROCEEDING HAVE AN INHERENT CONSTITUTIONAL RIGHT TO BE ENLARGED UPON HIS PERSONAL RECOGNIZANCE IN THE INTEREST OF H… |
| 19-8033 |
In Re Jonathan A. Hampton |
|
2020-03-18 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction habeas-corpus harmless-error jury-instructions lesser-included-offense prosecutorial-appeal state-law structural-error |
CAN I, JONATHAN ANDREW HAMPTON, AN INDIGENT PRISONER, SIGSI(A) PETITIONER ANA 42 USCS SI983 CIVIL RIGHTS PIAINTIFF, APPEARING IN PROPRIA PERSONA BEFOR… |
| 19-7950 |
Daejerron L. Valentine v. Nebraska |
Nebraska |
2020-03-10 |
Denied |
Response WaivedIFP |
4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search |
1) Did the warrantless search of an automobile pursuant to the automobile exception become unreasonable when police officers expanded the search beyon… |
| 19-1100 |
Leroy D. Cropper v. Arizona |
Arizona |
2020-03-09 |
Denied |
Amici (2) |
capital-punishment death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions parole-eligibility parole-ineligibility simmons-v-south-carolina sixth-amendment |
Whether a death sentence may be carried out when defense counsel unreasonably fails to inform the jury of parole ineligibility under Simmons v. South … |
| 19-7889 |
Walter Rosario-Colon v. Louisiana |
Louisiana |
2020-03-06 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-law criminal-procedure due-process evidence insufficient-evidence jury-instructions reasonable-jurist second-degree-murder self-defense |
1. Reasonable jurists would determine that Walter Rosario-Colon acted in self-defense when he struck Antonio Aguado. In the alternative, there was Ins… |
| 19-7853 |
Jaime Monzon-Silva v. United States |
Ninth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process evidence evidentiary-ruling fugitive judicial-discretion jury-evidence jury-instructions legal-standard trial-procedure |
Did the district court abuse its discretion by permitting a jury to hear evidence that Petitioner believed he was a "wanted fugitive," evidence that d… |
| 19-7789 |
Steven Klein v. California, et al. |
Ninth Circuit |
2020-02-26 |
Denied |
IFP |
burden-of-proof cage-v-louisiana criminal-procedure due-process fourteenth-amendment jury-instructions reasonable-doubt structural-error sullivan-v-louisiana |
Whether the trial court erred by overruling Klein's objection to prosecution's
misstated of the burden of proof during closing arguments when he instr… |
| 19-7703 |
Terry Antonio Lee v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2020-02-19 |
Denied |
IFP |
brady-violation civil-rights constitutional-rights double-jeopardy due-process ineffective-counsel jury-instructions sentencing |
Does the 5th Amendment Release from illegal detention Convicted Against Double Jeopardy 5TH Amendment Petitioner WAS Counse/ Ineffective in Violation … |
| 19-7633 |
Anthony Allen v. Illinois |
Illinois |
2020-02-12 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-law criminal-procedure due-process fourteenth-amendment intent-element jury-instruction jury-instructions presumption-of-intent reasonable-doubt |
I. In an action in which the sole claim is whether,in a case in which
intent is an element of the crime convicted of,the jury instruction,
"the law … |
| 19-7647 |
William P. Castillo v. Nevada |
Nevada |
2020-02-12 |
Denied |
Amici (1)IFP |
aggravating-factors appellate-review apprendi apprendi-line capital-punishment capital-sentencing clemons-v-mississippi death-penalty jury-instructions mitigating-circumstances mitigating-evidence mitigation-evidence reweighing |
Nevada courts instruct juries that they may consider imposing a death sentence only after finding at least one statutory aggravating factor beyond a r… |
| 19-7652 |
Steven Craig Whyte v. United States |
Sixth Circuit |
2020-02-12 |
Denied |
Response WaivedIFP |
common-sense common-sense-topics daubert daubert-standard drug-enforcement drug-experts evidence-admissibility expert-testimony jury-instructions kumho-tire |
Whether this Court's Daubert/Kumho Tire jurisprudence bars presentation of law-enforcement agent "drug experts" testifying regarding plain-English exc… |
| 19-7630 |
Paris Hollingshed v. United States |
Eighth Circuit |
2020-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure fairness-integrity judicial-review jury-instructions plain-error public-reputation substantial-rights supreme-court-precedent trial-record |
(1) Whether plain-error review for failure to instruct on an element of the offense, based upon an intervening U.S. Supreme Court decision, allows cou… |
| 19-7587 |
Lannon Lavar Burdunice v. Minnesota |
Minnesota |
2020-02-07 |
Denied |
Response WaivedIFP |
acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence |
1. MUST MV CONVICTION FOR SECOND DEGREE INTENTIONAL MURDER BE VACATED AND A JUDGEMENT OF ACQUITTAL ENTERED INSTEAD WHERE THE JURY'S GUILTY VERDICT GOE… |
| 19-7545 |
Willie Palmer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
6th-amendment abandonment effective-assistance-of-counsel evidentiary-hearing ineffective-assistance jury-instruction jury-instructions postconviction-relief rule-3.850 sixth-amendment unreasonable-determination-of-facts |
Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d… |
| 19-7547 |
Phillip Boyd Cashion v. Texas |
Texas |
2020-02-04 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure |
Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that "y… |
| 19-960 |
Grand Trunk Western Railroad Company v. Steven R. Lilly |
Michigan |
2020-01-31 |
Denied |
Amici (1)Response Waived |
civil-procedure employment-law federal-employers-liability-act fela jury-instruction jury-instructions personal-injury preexisting-condition railroad-employee workplace-liability |
Whether, in a personal injury action brought by a railroad employee against his employer under the Federal Employers Liability Act (FELA), a jury must… |
| 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 |
% - '^eTxTXctJEE' ? Dkt T&cceiz? iZx&Hvz uvfrsF- The Tv\>FTetoJTH
4^fwMiSvr hbf'E\ZXoC4TtO B>ECAr 1/5£T -Z~5 -2^W (p<s>5'5jr&^£' TO
TAETFRM^tj & IaJH… |
| 19-7386 |
Jack Dowell v. Richard Hudgins, Warden |
Tenth Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
actual-innocence burden-of-proof circuit-split due-process habeas-corpus jury-instructions retroactivity savings-clause suspension-of-writ |
Where the district court dismissed Mr. Dowell's §§2241 and 2255(e) habeas petition claiming the savings clause does not apply to Mr. Dowell, in light … |
| 19-906 |
Philip N. Antico v. United States |
Eleventh Circuit |
2020-01-22 |
Denied |
|
allen-charge circuit-court-conflict constitutional-rights criminal-procedure due-process fundamental-due-process fundamental-rights jury-instruction jury-instructions retrial-cost retrial-costs |
Is a criminal defendant's fundamental constitutional rights violated by an Allen charge that instructs a deadlocked jury to consider the expense of a … |
| 19-7308 |
Jerry Lynn McGavitt v. Texas |
Texas |
2020-01-17 |
Denied |
IFP |
14th-amendment criminal-law criminal-mental-state due-process jury-charge jury-instructions law-of-parties mens-rea murder murder-prosecution |
1.) Whether the failure to limit the definitions, in the abstract
portion of the jury charge, of "Intentionally" and "Knowingly"
to the nature of th… |
| 19-882 |
Shannon Dale Dukes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-16 |
Denied |
Response Waived |
certificate-of-appealability constitutional-claim fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses punishment-exposure sixth-amendment |
I.
Whether petitioner's trial counsel was ineffective at the guilt-innocence stage, in violation of the Sixth Amendment, in failing to request jury in… |
| 19-7291 |
Jose Abraham Guzman v. Kelly Santoro, Acting Warden |
Ninth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel intoxication jury-instructions voluntary-intoxication |
Question not identified. |
| 19-7232 |
Francisco Argenis Parra v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2020-01-09 |
Denied |
IFP |
accomplice-statements-corroboration alibi-instruction bruton-v-united-states co-defendant-statements confrontation-clause due-process ineffective-assistance jury-instructions lesser-included-offenses self-defense sixth-amendment supplemental-credibility-instruction |
I. Did Trial Counsel Render Ineffective Assistance by Failing to Request an Adequate Supplemental Credibility Instruction?
II. Did Trial Counsel Rend… |
| 19-7149 |
Guillermo Herrera v. United States |
Ninth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
admissibility circuit-split daubert-standard daubert-v-merrell-dow expert-testimony eyewitness-identification federal-rules-of-evidence jury-instructions scientific-evidence |
In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), this Court held that Fed. R. Evid. 702 superseded the common law rule governing the ad… |
| 19-7167 |
Harshadkumar Nanjibhai Jadav v. Virginia |
Virginia |
2020-01-03 |
Denied |
Response WaivedIFP |
appellate-review circumstantial-evidence criminal-procedure evidence-sufficiency first-degree-murder identity-of-defendant identity-of-perpetrator jury-instructions possession-of-weapon premeditation sufficiency-of-evidence |
I.
Contrary to precedent set in Yeager v. Commonwealth , 16 Va.
433 S.E.2d 248 (1993) and rule 3A:16 of the Rules of App. 761
Supreme Court of Virgini… |
| 19-7124 |
Derwin Lee Butler v. California |
California |
2019-12-31 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process jury-instruction jury-instructions post-trial-hearing right-to-call-witnesses stipulation trial-court-error trial-error trial-procedure witness-testimony |
1. Does' a criminal defendant become deprived of his constitutional rights when the trial court fails to read an agreed upon stipulation and instructi… |
| 19-7084 |
Andrew Haley Morcombe v. United States |
Eleventh Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
affirmative-defense criminal-procedure domestic-violence due-process fair-trial international-kidnapping international-parental-kidnapping jury-instructions state-law state-law-definitions statutory-interpretation |
Whether the failure of 18 U.S.C. § 1204, the International Parental Kidnapping statute, to define the term "domestic violence" for purposes of an affi… |
| 19-7100 |
Damon Jones v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-12-30 |
Dismissed |
Response WaivedIFP |
burden-of-proof constitutional-presumption evidentiary-presumption fourteenth-amendment jury-instructions sixth-amendment specific-intent transferred-intent |
In Jackson v. Virginia, 443 U.S. 307, 309 (1979), this Court held "(t]he Constitution prohibits the criminal conviction of any person except upon proo… |
| 19-7070 |
Gary R. Tomey, II v. United States |
Eleventh Circuit |
2019-12-27 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fifth-amendment indictment jury-instructions material-variance self-incrimination sentencing sentencing-hearing |
1. Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its … |
| 19-7025 |
Michael Feliciano v. George Miller, Superintendent, State Correctional Institution at Waymart, et al. |
Third Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
carrier due-process effective-assistance-of-counsel eyewitness eyewitness-testimony in-re-winship ineffective-assistance investigation jury-instructions reasonable-doubt sixth-amendment strickland strickland-standard |
1. Is the State court of last resort and U.S. Court of Appeals decision which denied petitioner's claim that he was deprived of his Sixth Amendment ri… |
| 19-6972 |
Tarsis Guillermo Sanchez-Mora v. United States |
First Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
circuit-court-split circuit-split criminal-procedure federal-procedure jury-instruction jury-instructions miscarriage-of-justice plain-error rico-conspiracy statutory-interpretation |
The lower court's ruling fail ed to correct a miscarriage of justice by allowing a conviction to stand, where the trial court's jury instruction on th… |
| 19-7021 |
Otis Hunter and Deshawn Evans v. United States |
Seventh Circuit |
2019-12-19 |
Denied |
IFP |
bias confrontation-clause criminal-procedure cross-examination jury-instructions jury-nullification mandatory-minimum nullification sentencing sixth-amendment witness-cooperation |
Whether the Sixth Amendment Confrontation Clause is violated when a court bars a defendant from eliciting the mandatory minimum sentence a 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… |
| 19-6947 |
Reinaldo Rodriguez-Martinez v. United States |
First Circuit |
2019-12-16 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-procedure due-process jackson-v-virginia jury-instructions rico rico-conspiracy-statute rico-enterprise sufficiency-of-evidence united-states-v-turkette |
1. In United States v. Turkette , 452 U.S. 576 (1981) , this Court first held , in a RICO conspiracy case, 18 U SC §1962 (d), that the statute applies… |
| 19-6956 |
Thomas H. Outland v. New Jersey |
New Jersey |
2019-12-16 |
Denied |
IFP |
confrontation-clause credibility criminal-defendant criminal-procedure criminal-procedure-impeachment due-process evidence evidence-rules fair-trial impeachment jury-instructions prior-convictions right-to-present-a-defense |
1. DID THE NEW JERSEY STATE COURT ENDORSE THE USE OF N.J.R.E. 806 AS A VEHICLE FOR IMPEACHING NON-TESTIFYING CRIMINAL DEFENDANTS WITH THEIR PRIOR CONV… |
| 19-6942 |
Savon Germain Carter v. United States |
Tenth Circuit |
2019-12-13 |
Denied |
IFP |
buyer-seller-rule circuit-split criminal-law criminal-procedure drug-conspiracy due-process end-user jury-instruction jury-instructions methamphetamine-distribution |
A federal jury convicted Savon Carter and Christina Eichler of the sole
count charged against them, conspiracy to distribute 500 grams or more of a
mi… |
| 19-759 |
Milo H. Segner, Jr. v. Cianna Resources Incorporated |
Fifth Circuit |
2019-12-13 |
Denied |
|
avoidance-power bankruptcy bankruptcy-code burden-of-proof criminal-statute good-faith jury-instructions ponzi-scheme reasonable-commercial-standards transfer-liability |
This petition presents two important questions concerning the pursuit of Ponzi-scheme proceeds in bankruptcy proceedings—including one that has provok… |
| 19-6848 |
Robert Matthew Wittal v. Montana |
Montana |
2019-12-04 |
Denied |
Response WaivedIFP |
co-defendant-testimony credibility criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection sixth-amendment witness-credibility |
The states key witnesses at a homicide trial were three charged
co-defendants. Petitioner's defense rested upon undermining
the credibility of the c… |
| 19-6809 |
Jason Michael Strubberg v. United States |
Eighth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process entrapment jury-instructions sentencing sixth-amendment undercover-operations |
1. Whether the Sixth Amendment and Due Process Clause allow a court to instruct the jury, over objection, that "Undercover agents may properly make us… |
| 19-6820 |
Rafael Leoner-Aguirre v. United States |
First Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
circuit-court civil-procedure criminal-law criminal-procedure federal-jurisdiction first-circuit jury-instructions predicate-acts racketeering rico rico-conspiracy salinas-v-united-states statutory-interpretation statutory-provisions supreme-court united-states-code |
In Salinas v. United States, 522 U.S. 52 (1997), this Court held that the RICO conspiracy does not require proof that a defendant himself committed or… |
| 19-6682 |
Zhaopeng Chen v. United States |
Ninth Circuit |
2019-11-19 |
Denied |
Response WaivedIFP |
circumstantial-evidence criminal-law criminal-procedure deliberate-ignorance due-process evidence farmer-v-brennan jury-instructions knowledge-element legal-standard mens-rea |
Whether the rule of Farmer v. Brennan, 511 U.S. 825 (1994), should be extended to criminal cases, in which the defendant's knowledge of a certain fact… |
| 19-6651 |
Shawn A. Thompson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township |
Third Circuit |
2019-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
attempted-robbery constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment standard-of-review third-degree-murder |
I. Appellant alleged that Trial Court gave a defective/deficient Third Degree Murder instruction to the jury, by failing to provide the jury with inst… |
| 19-6617 |
Melissa Morton v. United States |
Ninth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
appeal appellate-review circuit-split criminal-procedure-waiver due-process inter-circuit-conflict intra-circuit-conflict jury-instruction jury-instructions legal-procedure right-relinquishment right-to-appeal waiver |
Whether a defendant waives his right to challenge a jury instruction on appeal if he proposed the instruction below, even if the record contains no ev… |
| 19-6636 |
Gregory Williams v. United States |
Eleventh Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
circumstantial-evidence constitutional-rights due-process fair-trial jury-bias jury-instructions prosecutorial-misconduct sentencing sentencing-reasonableness |
I. WHETHER THE GOVERNMENT VIOLATED MR. WILLIAMS CONSTITUTIONAL RIGHT TO A FAIR TRIAL, IN IT'S IMPROPER DIRECT QUESTIONING AND ILL-ADVISED POINTING OF … |
| 19-605 |
Arizona v. Philip John Martin |
Arizona |
2019-11-12 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
appeal criminal-appeal double-jeopardy first-degree-murder greater-offense hung-jury hung-jury-rule jury-instructions jury-verdict lesser-offense richardson-v-united-states second-degree-murder |
In Green v. United States , the Court held that the
Double Jeopardy Clause barred retrial of a greater
offense when the jury's "verdict was silent" on… |
| 19-6538 |
Levi Jermaine Griffin v. United States |
Eleventh Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
burden-of-proof child-pornography criminal-indictment criminal-knowledge criminal-law criminal-procedure due-process evidence jury-instructions mens-rea possession-of-child-pornography reasonable-doubt statutory-elements |
WHETHER THE EVIDENCE WAS INSUFFICIENT TO SATISFY THE GOVERNMENT'S BURDEN TO PROVE THE ELEMENT OF KNOWLEDGE AS TO THE POSSESSION OF CHILD PORNOGRAPHY C… |
| 19-6524 |
Franklin Elliott Benson v. Aimee Smith, Warden |
Eleventh Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
actus-reus civil-rights constitutional-rights corpus-delicti criminal-murder criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions standing venue venue-challenge |
Whether, for the element of "causing the death" an essential element of malice murder in Georgia O.C.G.A. 16-5-1(a), the indictment which accused the … |
| 19-6534 |
Saad Bahoda v. Sherman Campbell, Warden |
Sixth Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
appellate-procedure Bunkley-v-Florida conflict-of-interest effective-assistance-of-counsel evidentiary-hearing forged-affidavits ineffective-assistance-of-counsel jury-instructions michigan-law People-v-Triplett plain-error self-defense sixth-amendment witness-conflict |
I. Petitioner was denied his Sixth Amendment Right to the effective assistance of counsel at trial due to counsel's failure to request a self-defense … |
| 19-585 |
Robert Leigh Stoltz v. Virginia |
Virginia |
2019-11-04 |
Denied |
Response Waived |
age-of-consent criminal-intent criminal-procedure due-process jury-instructions mens-rea reasonable-belief statutory-interpretation undercover-operations |
Is due process violated where the judge instructs the jury such that even if the jury finds that the defendant knew the alleged victim (an undercover … |
| 19-6461 |
Vernon Allen Collins v. Maryland |
Maryland |
2019-11-01 |
Denied |
Response WaivedIFP |
advisory-jury-instructions civil-rights collateral-challenges coram-nobis criminal-conviction criminal-procedure due-process habeas-corpus hearsay-rule jury-instructions laches laches-defense structural-errors |
(0). TO DETERMINE WHETHER OR NOT A WRIT OF ERROR CORAM NOBIS PETITION CAN BE BARRED UNDER THE TWO PRONG TEST UNDER THE DOCTRINE OF A LACHES DEFENSE TH… |
| 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 |
1. Whether, upon invalidating one of two alternative theories of liability presented to a jury, the reviewing court should ask if there is "sufficient… |
| 19-6427 |
Ray A. Smith v. John Chapdelaine, Warden, et al. |
Tenth Circuit |
2019-10-31 |
Denied |
Relisted (2)IFP |
charging-document criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions professional-responsibility prosecutorial-misconduct standard-of-review sufficiency-of-evidence |
1. As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale, fufill their professional responsibilities and obligati… |
| 19-6375 |
Giam Nguyen, Anna Bagoumian, and Donovan Simmons v. United States |
Fifth Circuit |
2019-10-24 |
Denied |
Response WaivedIFP |
compulsory-process deliberate-ignorance due-process harmless-error jury-instructions medicare-fraud reverse-404(b) reverse-404b-evidence |
1. Whether the Petitioners were deprived of their Fifth Amendment right of Due Process to present a defense by the District Court's exclusion of the r… |
| 19-6289 |
Brian Thomas Mohr v. United States |
Fifth Circuit |
2019-10-17 |
Denied |
IFP |
appellate-procedure case-review circuit-court-case criminal-law criminal-procedure due-process judicial-reconsideration jury-instructions legal-probability rehaif-v-united-states remand standard-of-review statutory-interpretation supreme-court-precedent |
1. Whether there is a reasonable probability of different result if the court below is directed to reconsider its judgment in light of Rehaif v. Unite… |
| 19-495 |
Martin Shkreli v. United States |
Second Circuit |
2019-10-16 |
Denied |
Response Waived |
bank-fraud forfeiture-calculation good-faith good-faith-defense jury-instruction jury-instructions loss-causation mail-fraud materiality mens-rea no-ultimate-harm prosecutorial-standard securities-fraud statutory-interpretation wire-fraud |
In prosecutions for mail, wire and bank fraud, which require a finding of a loss or an intended loss by the victim, a "no ultimate harm" instruction h… |
| 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 |
What is the correct standard to determine whether a criminal defendant is denied meaningful appellate review when the district court destroys the only… |
| 19-6216 |
Maxcium Herring v. L. S. McEwen, Warden |
Ninth Circuit |
2019-10-09 |
Denied |
IFP |
appeal civil-rights constitutional-rights criminal-procedure due-process evidence-admission jury-instructions jury-misconduct sentencing standard-of-review trial-errors waiver |
If a self represenTed defendanT Taks THE wiTNss sTNd in hiso heR detense whether oNe continves To represent her or himself or whethr The Trial COT mU … |
| 19-6151 |
Ahmed Ali v. Tammy Foss, Acting Warden, et al. |
Ninth Circuit |
2019-10-03 |
Denied |
Response RequestedRelisted (2)IFP |
appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-rights due-process habeas-corpus jury-instruction jury-instructions third-party-culpability trial-court |
Whether the Court of Appeals erred in denying a Certificate of Appealability on his claim that he was denied his right to present a defense by the tri… |
| 19-6155 |
Deounte Ussury v. United States |
Sixth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
criminal-law due-process jury-instructions racketeering statutory-interpretation unanimity verdict-form violent-crimes |
I. Whether conviction under the Violent Crimes in Aid of Racketeering statute § 18 U.S.C. 1959(a), also known as VICAR, requires a special verdict for… |
| 19-6104 |
Freya D. Pearson v. United States |
Eighth Circuit |
2019-10-01 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-1001 district-court due-process duty-to-speak false-statement government-knowledge government-misconduct jury-determination jury-instruction jury-instructions materiality prosecutorial-discretion statutory-interpretation wire-fraud |
1) Can a conviction stand under 18 U.S.C. 1001 (2) without a "Materiality" determination, and should that Determination come from the District Court o… |
| 19-6053 |
Diosme Fernandez Hano v. United States |
Eleventh Circuit |
2019-09-25 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process eleventh-circuit evidentiary-rulings indictment judicial-precedent jury-instructions statute-of-limitations united-states-code witness-testimony |
1. Whether the Eleventh Circuit erred in holding that the indictment was returned within the limitation period under 18 U.S.C. § 3297.
2. Whether the… |
| 19-6005 |
Robert L. Malone v. United States |
Seventh Circuit |
2019-09-19 |
Denied |
Response WaivedIFP |
criminal-history drug-quantity due-process jury-instructions mandatory-minimum methamphetamine-distribution prosecutorial-discretion sentencing sentencing-guidelines supervisory-power |
1.) Did the lower courts err when they imposed and affirmed Mr. Malone's sentence based on overreliance on his Criminal History?
2.) Is Mr. Malone's … |
| 19-5994 |
Benjamin Justin Brownlee v. California |
California |
2019-09-18 |
Denied |
IFP |
civil-procedure criminal-law criminal-procedure due-process evidence evidence-code-section-352 jury-instructions prior-acts-evidence prosecutorial-misconduct right-to-fair-trial robbery-charges sixth-amendment standing |
True the felony had to be independest of the illing,was
Prejudicial and sequses Reversal of The Special.
C'rcunstance Finding
Code Section 1los stad … |
| 19-349 |
Swisher International, Inc. v. Trendsettah USA, Inc., et al. |
Ninth Circuit |
2019-09-17 |
Denied |
Amici (2) |
antitrust antitrust-law competition-harm duty-to-deal jury-instructions market-output monopolist monopoly monopoly-liability refusal-to-deal sherman-act short-term-sacrifice single-firm-output |
Plaintiffs Trendsettah USA, Inc. and Trendsettah Inc. (together, "TSI") entered into contracts with Swisher International, Inc., under which Swisher w… |
| 19-5955 |
Dennis R. Heilman v. Randy Blades, Warden, et al. |
Ninth Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
aggravated-assault due-process fourteenth-amendment habeas-corpus ineffective-assistance jury-instructions rape variance |
Does a variance between the Information charging aggravated assault and rape, and (a) a 1)
conviction on non-conforming evidence submitted at trial, a… |
| 19-5920 |
Michael Don Pogue v. Texas |
Texas |
2019-09-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel jury-instructions right-to-counsel sixth-amendment |
Mr. Pogue alleged that his trial counsel, William G. Mason, was ineffective and presented 18 specific points of ineffective assistance of counsel to t… |
| 19-5910 |
Benjamin Carpenter v. Georgia |
Georgia |
2019-09-11 |
Denied |
Response WaivedIFP |
civil-rights complicity constitutional-issue criminal-liability criminal-procedure due-process error-analysis indictment jury-instructions standing supreme-court-review unchorged-crime |
Can Criminal Liability for a charged offense be based upon the Defendant's complicity in an offense which is clearly distinct from any charged offense… |
| 19-5893 |
Melissa Pfeiffer v. Massachusetts |
Massachusetts |
2019-09-10 |
Denied |
IFP |
conscious-disregard-for-risk criminal-law felony-murder inherent-dangerousness inherently-dangerous inherently-dangerous-felony judicial-determination judicial-fact-finding jury-instructions malice-aforethought massachusetts-law presumption-of-malice sentencing |
Is it unconstitutional for the courts, as a matter of common law, to withdraw the third element of felony murder from the jury's consideration by labe… |
| 19-5774 |
Patrick O. Neiss v. Montana |
Montana |
2019-09-05 |
Denied |
Response WaivedIFP |
burden-of-proof circumstantial-evidence constitutional-rights due-process fourth-amendment holland-v-united-states jury-instruction jury-instructions net-worth-prosecution particularity presumption-of-innocence probable-cause reasonable-doubt search-and-seizure |
1. In Holland v. United States, 348 U.S. 121, 125 (1954) this Court recognized the "inherent risk" of the use of circumstantial evidence, but held tha… |
| 19-5810 |
Daniel Lopez DeJesus v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-09-05 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-error criminal-procedure due-process harmless-error in-re-winship ineffective-assistance jury-instruction jury-instructions presumption winship |
Mr. Dejesus alleged that his trial counsel was ineffective for failing to object to a jury instruction that effectively aided the state to surpass the… |
| 19-5832 |
Daniel G. Durain v. Florida |
Florida |
2019-09-05 |
Denied |
Response WaivedIFP |
administrative-law criminal-procedure due-process endangered-species-act environmental-regulation evidence federal-agency-discretion habitat-conservation judicial-interpretation jury-instructions mens-rea premeditation reasonable-doubt |
In a First degree premeditated murder trial, can motive be used to establish premeditation?
If so, is a defendant's conviction unconstitutional where… |
| 19-288 |
Javier Sanchez, Gregory Casorso, and Michael Marr v. United States |
Ninth Circuit |
2019-09-04 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
antitrust antitrust-law criminal-law criminal-procedure due-process fifth-amendment jury-instructions per-se-rule presumption sherman-act sixth-amendment |
The question presented is whether the operation of the per se rule in criminal antitrust cases violates the constitutional prohibition —grounded in th… |
| 19-5819 |
Arthur Rathburn v. United States |
Sixth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause criminal-procedure due-process evidence-standard evidentiary-issues fair-notice jury-instructions reasonable-doubt right-to-jury-trial right-to-present-defense sufficiency-of-evidence vagueness |
I. DID THE GOVERNMENT FAIL TO PRESENT SUFFICIENT EVIDENCE TO SUPPORT THE CONVICTIONS BEYOND A REASONABLE DOUBT?
II. WAS PETITIONER RATHBURN DENIED HI… |
| 19-5753 |
Trayone Lefferio Bell v. United States |
Eleventh Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
18-usc-1029 constitutional-rights criminal-intent criminal-law-mens-rea criminal-procedure due-process flores-figueroa-v-united-states intent jury-instructions knowingly knowledge mens-rea rehaif-v-united-states statutory-interpretation |
1) To satisfy the "knowingly" and with "intent" in 18 U.S.C. § 1029(A)(3), Do Courts have to prove precise "mens rea" as set forth in Rehaif v. United… |
| 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 |
In light of this Court's recent Sixth-Amendment jurisprudence emphasizing the constitutional primacy of the role of the jury, should this Court revisi… |
| 19-5686 |
Ronnie L. Payne v. United States |
District of Columbia |
2019-08-23 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt |
WAS TRIAL COUNSEL'S PERFORMANCE OBJECTIVELY UNREASONABLE WHEN HE DID NOT OBJECT TO THE TRIAL JUDGE'S FAULTY REASONABLE-DOUBT INSTRUCTION DIRECTING THE… |
| 19-237 |
James R. LaFrieda, et ux. v. Nancy A. Gilbert |
Nevada |
2019-08-22 |
Denied |
|
civil-procedure civil-procedure-rule-50-b judicial-discretion judicial-misconduct jury-instructions jury-verdict professional-negligence proximate-cause punitive-damages standard-of-care statutory-interpretation trial-court-fact-finding |
1. Did the Nevada Supreme Court have the right in its Order of Affirmance to blatantly disregard past decisions of the U.S. Supreme Court as to statut… |
| 19-5669 |
Matthew Davis v. United States |
Eighth Circuit |
2019-08-22 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-to-distribute constructive-amendment criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions |
Petitioner is serving a 360-month sentence for a charge of Conspiracy to Distribute 1000 grams or more of heroin and same amount of cocaine, in violat… |
| 19-5645 |
Thomas Potts v. California |
California |
2019-08-20 |
Denied |
IFP |
burden-of-proof criminal-procedure due-process jury-instruction jury-instructions possession-of-stolen-property reasonable-doubt robbery robbery-murder theft |
Where a criminal defendant is charged with robbery (and thus death-eligible robbery-murder) and the jury must decide whether the prosecution proved ro… |
| 19-208 |
Mark A. Beckham v. United States |
Eighth Circuit |
2019-08-19 |
Denied |
|
appellate-review constitutional-rights criminal-procedure due-process harmless-error jury-instruction jury-instructions reasonable-doubt standard-of-review |
Because only a jury, acting on proof beyond a
reasonable doubt, may take a person's liberty, when,
if ever, is it constitutionally permissible for a… |
| 19-5612 |
Steven Wayne Isbel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-16 |
Denied |
IFP |
circuit-court civil-rights constitutional-claims discretionary-review document-production due-process equal-protection habeas-corpus ineffective-assistance jury-instructions separation-of-powers standard-of-review state-court-exhaustion |
Question One: Whether the district Court and the 5 th Circvit was correct that Isbel did not properly preserve and exhaust his ineffective assistance … |
| 19-5566 |
Reilies Wayne Miller v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-08-13 |
Denied |
Response WaivedIFP |
chapman-v-california closing-arguments darden-v-wainwright due-process expert-witness fourteenth-amendment harmless-error jury-instruction jury-instructions self-defense sixth-amendment |
1. Consistent with the Fourteenth Amendment and Chanman v. California . 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967) could the harmless error anal… |
| 19-182 |
Francisca Guillen v. Dollar Tree Stores, Inc. |
Ninth Circuit |
2019-08-09 |
Denied |
Response Waived |
california-labor-code california-law district-court-discretion electronic-records employee-protection employee-rights jury-instructions labor-code labor-law labor-standards-enforcement statutory-interpretation wage-statements |
1. Whether it was error not to instruct a jury on the law set forth in almost 20-years of opinions of California's Department of Labor Standards Enfor… |
| 19-5497 |
John McGill v. United States |
Eleventh Circuit |
2019-08-08 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
burden-of-proof constitutional-rights criminal-procedure due-process fifth-amendment jury-instructions pattern-jury-instructions reasonable-doubt sixth-amendment |
1. When a district court issues erroneous jury instructions
that include (a) to consider conviction with less than guilt
beyond all reasonable doubt… |
| 19-5484 |
Geoff Edwin Murphy v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-08-07 |
Denied |
IFP |
attempted-homicide constitutional-rights criminal-procedure discrimination due-process federal-claims forfeiture jury-instructions legal-procedure state-court-rule state-trial-court |
1. THE STATE TRIAL COURT DEPRIVED APPELLANT OF HIS RIGHT TO DUE PROCESS BY INSTRUCTING THE JURY ON JUSTIFIABLE ATTEMPTED HOMICIDE
2. THE STATE COURT … |
| 19-5493 |
David Ray Taylor v. Oregon |
Oregon |
2019-08-07 |
Denied |
IFP |
8th-amendment death-penalty due-process eighth-amendment execution-moratorium extrajudicial-information juror-misconduct jury-instructions moratorium standing state-action voir-dire |
First Question Presented: The Eighth Amendment bars a jury from imposing a death sentence if it "has been led to believe that the responsibility for d… |
| 19-5446 |
Michael Thomas Balint v. Kelly Santoro, Warden |
Ninth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure critical-stage due-process habeas-corpus harmless-error jury-instructions ninth-circuit right-to-be-present right-to-counsel |
Did the Ninth Circuit incorrectly determine that California's Dixon rule procedurally barred Balint's claim that he was denied his constitutional righ… |
| 19-5464 |
Mark A. Ciavarella, Jr. v. United States |
Third Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
effective-assistance-of-counsel honest-services-mail-fraud ineffective-assistance jury-instructions mail-fraud mcdonnell-v-united-states official-act procedural-default statute-of-limitations |
Whether Petitioner was denied effective assistance of counsel as a result of the deprivation of a viable statute of limitations defense with respect t… |
| 19-5436 |
Martin Araiza-Jacobo v. United States |
Fifth Circuit |
2019-08-02 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure criminal-procedure-error deliberate-ignorance harmless-error jury-instruction jury-instructions legal-sufficiency standard-of-review sufficiency-of-evidence |
Whether the standard for assessing the harmlessness of an erroneously submitted deliberate-ignorance instruction turns only on the legal sufficiency o… |
| 19-5432 |
Kevin Michael-Dorman Beltowski v. Shawn Brewer, Warden |
Sixth Circuit |
2019-08-01 |
Denied |
Response WaivedIFP |
credibility-determinations criminal-procedure criminal-procedure-error due-process evidence-sufficiency harmless-error instructional-error judicial-review jury-instructions newly-discovered-evidence right-to-defense right-to-present-defense sufficiency-of-evidence |
Whether instructional error occurred in a way that conflicts with the Supreme Court's clearly established harmless-error precedents |
| 19-138 |
First State Community Action Agency v. Tamra N. Robinson |
Third Circuit |
2019-07-30 |
Denied |
|
appellate-review circuit-split civil-procedure invited-error jury-instructions plain-error trial-court waiver |
Whether a party that first raises an issue on appeal has per se waived plain error review |
| 19-139 |
Delmar Hardy v. United States |
Ninth Circuit |
2019-07-30 |
Denied |
|
cheek-v-united-states criminal-tax good-faith good-faith-reliance jury-instruction jury-instructions professional-reliance reliance-on-accountant specific-intent tax-fraud tax-law tax-professional willfulness |
Whether a subjective standard must be applied in determining whether there was evidence of full disclosure to support a reliance on a tax professional… |
| 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… |
| 19-5404 |
Steven Hoff v. California |
California |
2019-07-30 |
Denied |
Response WaivedIFP |
attempted-first-degree-murder due-process due-process-clause evidence-code general-intent intent jury-instructions mistake-or-accident premeditation uncharged-misconduct uncharged-offense |
Whether the Due Process Clause is violated when a jury is instructed to consider evidence of an uncharged, general intent offense in determining guilt… |
| 19-5370 |
Pedro Medina Castillon v. California |
California |
2019-07-29 |
Denied |
IFP |
civil-procedure civil-rights criminal-law due-process federal-jurisdiction harmless-error heat-of-passion jury-instructions penal-code preemption standing state-law-claim subject-matter-jurisdiction vagueness |
Whether the federal court had proper pendent jurisdiction over state law claims |
| 19-5387 |
Shevaun E. Browne v. United States |
Third Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel |
Whether certiorari review should be granted where the Third Circuit affirmed the district court's ruling that trial counsel was not ineffective for fa… |
| 19-5330 |
Maurice Montrae Parks v. United States |
Fourth Circuit |
2019-07-26 |
GVR |
IFP |
burden-of-proof constitutional-validity criminal-conviction criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions mens-rea rehaif-v-united-states second-amendment statutory-interpretation |
Whether a new trial is warranted where the District Court failed to instruct the jury on a crucial element of 18 U.S.C. § 922(g) |
| 19-5334 |
Martel Valencia-Cortez v. United States |
Ninth Circuit |
2019-07-25 |
Denied |
IFP |
criminal-procedure due-process evidence eyewitness-identification jury-instruction jury-instructions reliability-factors standing trial-error trial-procedure witness-identification |
Whether a district court commits error in a federal criminal case by failing to provide a specific eyewitness identification instruction |
| 19-5346 |
Jose Martinez v. United States |
Second Circuit |
2019-07-25 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
acquitted-conduct burden-of-proof buyer-seller-defense criminal-conviction cross-examination drug-conspiracy due-process jury-instructions jury-trial sentencing sentencing-guidelines sixth-amendment |
Whether this Court's decisions to allow district courts to use acquitted conduct in imposing sentence violate the Constitution |
| 19-5281 |
Ronald Wesley Jiles v. Michigan |
Michigan |
2019-07-23 |
Denied |
IFP |
criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment fifth-amendment-right jury-bias jury-instructions prejudice prosecutorial-misconduct self-incrimination |
Whether a defendant's right to exercise his Fifth Amendment right was prejudiced by the prosecution's comments on it during closing arguments |
| 19-5293 |
Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-07-23 |
Denied |
Relisted (2)IFP |
6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel |
Does pretrial counsel's failure to advise accused of favorable plea offer constitute denial of effective assistance of counsel? |
| 19-5260 |
Michael Levon Jackson v. United States |
Eleventh Circuit |
2019-07-19 |
GVR |
IFP |
18-usc-922g acquittal constitutional-law constitutional-rights criminal-procedure due-process element-of-crime jury-instruction jury-instructions jury-unanimity reasonable-doubt sentencing |
Does an inaccurate jury instruction on an element of a crime violate due process of law? |
| 19-5231 |
James D. Thomas, Jr., aka Wayne Thomas v. New York |
New York |
2019-07-18 |
Denied |
IFP |
appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court |
Whether the People failed to establish beyond a reasonable doubt that Jones Thomas Knowingly Possessed the Cocaine? |
| 19-5169 |
Timothy Stratton v. Mississippi |
Mississippi |
2019-07-16 |
Denied |
Response WaivedIFP |
107 325 U.S. 91 65 S.Ct. 1031 89 L.Ed. 1495 (1945) civil-rights criminal-procedure due-process jurisdiction jury-instructions screws-v-united-states venue |
Whether the trial court failed to instruct the jury on the elements of the crime (venue) as according to Screws v. United States, 325 U.S. 91, 107, 65… |
| 19-78 |
John Doe, aka Cheyenne Moody Davis v. United States |
Fourth Circuit |
2019-07-16 |
Denied |
Amici (1)Response Waived |
appellate-review conflict-among-courts constitutional-rights criminal-procedure due-process judicial-discretion jury-instructions reasonable-doubt standard-of-proof trial-court |
Whether a trial court in criminal proceedings must, upon request from the jury, explain the meaning of the 'beyond a reasonable doubt' standard to the… |
| 19-5176 |
Ernest L. Chambliss v. United States |
Eleventh Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
confidential-informant criminal-law criminal-procedure due-process entrapment entrapment-defense evidence felon-in-possession firearm-possession jury-instructions standing |
Whether a defendant who has been charged with possessing a firearm as a convicted felon is entitled to an entrapment instruction when the evidence dem… |
| 19-5153 |
Christopher B. Ramirez v. Washington |
Washington |
2019-07-12 |
Denied |
Response WaivedIFP |
aggravating-circumstance criminal-procedure due-process eyewitness-identification identification-procedure jury-instructions notice photographic-array police-misconduct sixth-amendment suggestive-circumstances suggestive-identification |
Whether the trial court should have excluded Carlton Hritsco's identification of Christopher Ramirez |
| 19-5146 |
Isiah Edward Gilliam v. Michigan |
Michigan |
2019-07-11 |
Denied |
IFP |
discovery discovery-violation due-process fair-trial habitual-offender ineffective-assistance-of-counsel jury-instructions mistrial prior-convictions prosecution prosecutorial-misconduct self-defense |
Was Mr. Gilliam denied due process and a fair trial |
| 19-5114 |
Jovanny Rodriguez v. United States |
Second Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
alibi due-process evidence fifth-amendment indictment indictment-variance interstate-commerce jury-finding jury-instructions sixth-amendment supreme-court-precedent trial variance |
Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at tr… |
| 19-2 |
Jackie Hosang Lawson v. FMR LLC, dba Fidelity Investments, et al. |
First Circuit |
2019-06-28 |
Denied |
|
attorney-fees civil-procedure civil-rights due-process expert-witness-testimony federal-securities-law federal-securities-laws fraud fraud-allegations jury-instruction jury-instructions legal-standards sarbanes-oxley-act securities |
Is the jury verdict just and proper on the two deciding questions where the jury was not made aware of what constitutes violation of Federal law relat… |
| 18-9810 |
Erik Ward v. California |
California |
2019-06-27 |
Denied |
IFP |
attempted-murder civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense physical-evidence premeditation standard-of-proof sufficiency-of-evidence trial-counsel |
Whether trial counsel failed to provide effective assistance of counsel by not properly performing procedural and due process requirements, and not in… |
| 18-9806 |
Karlynn Romeo Tones, Donta Lyvoid Blackmon, and Arvin Terrill Carmen v. United States |
Ninth Circuit |
2019-06-26 |
Denied |
Response WaivedIFP |
conspiracy constitutional-rights criminal-conspiracy criminal-procedure defendant-rights due-process indictment indictment-specificity jury-instructions jury-unanimity trial-evidence unanimity |
Do federal criminal defendants have a constitutional right to a specific unanimity instruction requiring the jury to unanimously define the duration a… |
| 18-9809 |
Willie Strong v. New York |
New York |
2019-06-26 |
Denied |
IFP |
automobile-presumption burden-of-proof criminal-procedure due-process fourteenth-amendment jury-instructions possession reasonable-doubt statutory-interpretation statutory-presumption |
When is evidence sufficient to render the 'Automobile Presumption' N.Y. P.-L. §265.15 (3)(a) inapplicable? |
| 18A1364 |
Swisher International, Inc. v. Trendsettah USA, Inc., et al. |
Ninth Circuit |
2019-06-26 |
Presumed Complete |
|
antitrust-law jury-instructions market-competition monopoly-power refusal-to-deal sherman-act |
Whether a unilateral refusal to deal in a commercial contract can constitute an antitrust violation without proving the defendant's actions were objec… |
| 18-9799 |
Benito Rivera v. United States |
First Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process judicial-discretion jury-instruction jury-instructions reasonable-doubt standard-of-proof |
Should certiorari be granted to find that, while a district court need not define reasonable doubt, if it does so, it cannot employ a definition that … |
| 18-9767 |
LaShawn Johnson v. Randy L. White, Warden |
Sixth Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment aggravating-factors constitutional-rights criminal-procedure due-process indictment jury-instruction jury-instructions |
Does submitting aggravating factors of a crime in a jury instruction that wasn't charged in the indictment violate Due Process |
| 18-9771 |
Dennis William Robinson v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
constitutional-rights due-process effective-assistance-counsel effective-assistance-of-counsel evidence-suppression fair-trial iada-violation jury-instructions prosecutorial-misconduct speedy-trial suppression-of-evidence |
Did State Court violate Petitioner's constitutional rights? |
| 18-9746 |
Marion Wilson, Jr. v. Benjamin Ford, Warden |
Georgia |
2019-06-20 |
Denied |
IFP |
capital-case criminal-procedure death-penalty due-process eighth-amendment fair-trial intent jury-instructions prosecutor-misconduct prosecutorial-misconduct standing |
Are due process and the Eighth Amendment violated when a prosecutor knowingly argues falsehoods about the defendant's culpable acts in order to incite… |
| 18A1344 |
Saquawn Harris v. United States |
District of Columbia |
2019-06-20 |
Presumed Complete |
|
accomplice-liability aiding-and-abetting appellate-review criminal-law jury-instructions mens-rea |
Whether an appellate court may affirm a criminal conviction based on a novel theory of accomplice liability not presented to the jury or argued by the… |
| 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 … |
| 18-9712 |
Noe Juarez v. United States |
Fifth Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-law criminal-procedure deliberate-ignorance due-process evidence evidence-404(b) evidence-rule-404b jury-instructions new-trial propensity propensity-evidence prosecutorial-misconduct |
What is the proper framework for determining whether a prosecutor's improper propensity-based arguments related to 404(b) evidence warrant a new trial… |
| 18A1307 |
James Destry Hamm v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-13 |
Presumed Complete |
|
criminal-conviction due-process equal-protection jury-instructions stalking-statute sua-sponte |
Whether a trial court's failure to provide complete jury instructions constitutes a due process violation that warrants reversal of a criminal convict… |
| 18-9614 |
Rick Allen Rhoades v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-12 |
Denied |
IFP |
8th-amendment capital-murder due-process jury-consideration jury-instructions mitigating-evidence punishment-phase structural-error trial-procedure |
Is the exclusion of relevant mitigating evidence during the punishment phase of a capital murder trial structural error, when the wrongfully excluded … |
| 18-9605 |
Don Ferguson v. Florida |
Florida |
2019-06-11 |
Denied |
IFP |
7th-amendment compelled-speech content-neutrality criminal-procedure due-process equal-protection fair-trial first-amendment free-speech government-regulation jury-instructions private-entities |
Whether the First Amendment prohibits the government from requiring private entities to host speech they disagree with |
| 18-9609 |
Charles L. v. Donnie Ames, Superintendent, Mount Olive Correctional Complex |
West Virginia |
2019-06-11 |
Denied |
IFP |
collateral-acts collateral-acts-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense limiting-instruction sixth-amendment strickland-standard strickland-v-washington trial-counsel |
Does the failure of trial counsel to request a limiting instruction related to unindicted collateral acts evidence constitute ineffective assistance o… |
| 18-9617 |
Randolph Harris Austin v. United States |
Fourth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
cocaine cocaine-base constitutional-rights constitutional-safeguards democratic-constraints due-process grand-jury grand-jury-indictment indictment jury-instructions procedural-rights procedural-safeguards |
Whether the grand jury's indictment for cocaine base and the jury's instruction that it did not matter whether it was cocaine base or cocaine, which r… |
| 18-1528 |
Jake Paul Heiney v. Ohio |
Ohio |
2019-06-10 |
Denied |
Response Waived |
criminal-conviction criminal-procedure due-process harmless-error harmless-error-analysis jury-finding-of-guilt jury-instruction jury-instructions reasonable-doubt structural-error sullivan-v-louisiana winship |
Improper-jury-instruction-on-element-of-offense |
| 18-9583 |
Alfredo M. Vasquez v. California |
California |
2019-06-07 |
Denied |
IFP |
constitutional-law due-process evidence federal-constitution jury-instructions reasonable-doubt sexual-assault sexual-contacts state-constitution victim |
Was the exclusion of evidence regarding the alleged victim's prior sexual contacts with her boyfriend a denial of due process under the Federal and St… |
| 18-9564 |
Brian Suniga v. Texas |
Texas |
2019-06-06 |
Denied |
IFP |
death-penalty due-process eighth-amendment jury-instructions mitigation-evidence moral-blameworthiness tennard-v-dretke tex-code-crim-proc-art-37-071-section-2-f-4 |
Whether the Texas death penalty statute, which limits the scope of mitigating evidence to that which reduces the defendant's 'moral blameworthiness,' … |
| 18-9474 |
Irving Madden v. Michael Melvin, Warden |
Seventh Circuit |
2019-05-30 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense sixth-amendment strickland-standard |
Whether the Seventh Circuit Court of Appeals decision is consistent with Strickland v. Washington |
| 18-9434 |
Juan Carlos Rodriguez v. United States |
Eleventh Circuit |
2019-05-29 |
Denied |
Response WaivedIFP |
404(b) 4th-amendment co-defendant-consent consent-search consent-to-search fourth-amendment jury-instructions prior-bad-acts prior-bad-acts-404(b) rule-404b search-and-seizure sentencing sentencing-variance standing-4th-amendment-search-and-seizure standing-to-suppress variance warrantless-search |
Whether the trial and appellate court erred in adjudging that Petitioner had no standing to request suppression of evidence obtained from a warrantles… |
| 18-9445 |
Volvick Vassor v. Florida |
Florida |
2019-05-28 |
Denied |
Response WaivedIFP |
alternate-theories constitutional-rights criminal-conviction criminal-procedure due-process equal-protection griffin-v-united-states jury-instructions sufficiency-of-evidence yates-v-united-states |
Does the holding in Griffin v United States allow a conviction based on alternate theories of offense when only one theory is supported by the evidenc… |
| 18-9397 |
Miguel Angel Barron v. Raymond Madden, Warden |
Ninth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search |
Whether a state trial court's jury instruction that reduces the burden of proof or violates a principle of fairness contained in the due process claus… |
| 18-9416 |
John O. Williams v. Florida |
Eleventh Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
constitutional-error constitutional-rights criminal-procedure due-process fundamental-fairness habeas-corpus jury-instruction jury-instructions lesser-included-offense |
Whether the district court judge's order of denial, denying the petitioner's habeas petition and claim, was contrary to or involved an unreasonable ap… |
| 18-9350 |
Russell Rafael Whitehead v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-20 |
Denied |
IFP |
assault-battery constitutional-review court-procedure criminal-law deadly-weapon ineffective-assistance ineffective-assistance-of-counsel jury-charge jury-instructions legal-standard standard-of-review use-of-force |
Can a fist be considered a deadly weapon in and of itself? |
| 18-9352 |
Donald C. Ridley v. United States |
Seventh Circuit |
2019-05-20 |
Denied |
Response WaivedIFP |
aiding-abetting aiding-and-abetting Bullcoming-v-New-Mexico confrontation-clause Crawford-v-Washington due-process griffin-v-united-states ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions rosemond-v-united-states strickland-standard Strickland-v-Washington yates-v-united-states |
Does a lower Court's admission that a aiding and abetting jury instruction was erroneous in light of this Court decision in Rosemond v. United States,… |
| 18-1439 |
Shanker Patel v. California |
California |
2019-05-16 |
Denied |
Response Waived |
accomplice-testimony cautionary-instruction circumstantial-evidence corroboration corroboration-requirement criminal-procedure due-process jury-instructions jury-trial sixth-amendment trial-rights |
Whether a trial court violates the jury trial guarantees of the Sixth Amendment and U.S. Const. art. III, § 2, cl. 3 by refusing to grant a defendant'… |
| 18-9281 |
Randy Burke v. Diane Prosper, Acting Warden, et al. |
Virgin Islands |
2019-05-15 |
Denied |
IFP |
6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel |
Whether the counsel's failure to cross-examine the main witness Beatrice Lawrence constituted ineffective assistance of counsel |
| 18-9219 |
Yaqob Tafan Thomas v. Joseph P. Meko, Warden |
Sixth Circuit |
2019-05-09 |
Denied |
Response WaivedIFP |
aggravating-factor alternative-means burden-of-proof constitutional-challenge constitutional-scrutiny due-process jury-instructions presumption richardson-v-us-schad-v-arizona |
Does it violate the due process clause when a state intentionally refuses to define every elemental fact in 'alternative means' statute thereby creati… |
| 18-9156 |
Joseph Vincent Sisneros v. Eric Arnold, Warden |
Ninth Circuit |
2019-05-08 |
Denied |
IFP |
civil-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus jury-instructions sentencing state-court-review |
Was the State Court and District Courts rulings based upon an unreasonable application of U.S. Supreme Court precedence, or contrary to U.S. Supreme C… |
| 18-9202 |
Edilberto Maso Diaz v. United States |
Fifth Circuit |
2019-05-08 |
Denied |
Response WaivedIFP |
co-conspirator co-conspirator-testimony confrontation-clause conspiracy criminal-conviction criminal-procedure cumulative-error due-process evidence evidentiary-sufficiency fifth-circuit-review hearsay hearsay-evidence hearsay-statements jury-instructions standard-of-review trial-procedure |
Did the Fifth Circuit err by affirming the district court admission of hearsay statements made by an unindicted co-conspirator over the objection of A… |
| 18-9154 |
Jeffrey William Smith v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2019-05-07 |
Denied |
Response WaivedIFP |
civil-procedure-criminal constitutional-rights criminal-case criminal-procedure due-process judicial-discretion jury-instructions life-imprisonment life-sentence mitigating-factors sentencing sentencing-guidelines separation-of-powers statutory-interpretation |
Whether the circuit court erred in failing to correct a defective jury instruction |
| 18-1369 |
James Bradley Anderson v. Washington |
Washington |
2019-05-01 |
Denied |
|
bill-of-particulars criminal-procedure double-jeopardy due-process ineffective-assistance jury-instructions pre-trial-notice prosecutorial-discretion |
Must the particulars of each count of an information be specified prior to trial, or can a prosecutor be allowed to match alleged acts to the counts i… |
| 18-8987 |
Michael Wainaina Kariuki v. Washington |
Washington |
2019-04-26 |
Denied |
IFP |
assault constitutional-law conviction criminal-conviction criminal-procedure due-process jurisdiction jury-instructions legal-relief procedural-error second-degree-assault sexual-assault standing victim |
Whether the defendant, Michael Kariuni, is entitled to reversal of the second-degree-assault conviction with instructions to dismiss |
| 18-9002 |
David Curtis Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
aedpa de-novo-review ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington |
Whether the Petitioner was prejudiced under the Sixth Amendment due to trial counsel's failure to object to a concededly erroneous jury instruction an… |
| 18-8981 |
John Bowling v. Maryland |
Maryland |
2019-04-24 |
Denied |
IFP |
appeal civil-procedure civil-rights conviction criminal-procedure due-process evidence-sufficiency free-speech jury-instructions standing |
Any ERRONEOUS INSTRUCTION on force WMS Ofer to the funy |
| 18-8955 |
Gregory Butler v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-04-23 |
Denied |
IFP |
14th-amendment 6th-amendment certificate-of-appealability confrontation-clause criminal-procedure cross-examination due-process evidence fourteenth-amendment jury-instructions other-crimes-evidence sixth-amendment trial-fairness witness-confrontation |
Whether the district court and the third circuit erred in refusing to issue a certificate of appealability |
| 18-8965 |
Olusola Olla v. United States |
Fourth Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-knowledge criminal-law criminal-procedure deliberate-indifference federal-courts investigative-standard jury-instructions mens-rea prosecutorial-evidence statutory-interpretation willful-blindness |
Whether, in a criminal case where a statute requires proof of knowledge, the government may establish the requisite knowledge with evidence of a failu… |
| 18-8916 |
Steven Lawrence Wright v. California |
California |
2019-04-19 |
Denied |
IFP |
abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review |
Did the trial court's erroneous jury instruction violate the Due Process Clause? |
| 18-8853 |
Cameron Brown v. California |
California |
2019-04-16 |
Denied |
IFP |
constitutional-rights court-proceedings double-jeopardy due-process jury-instructions jury-verdict lesser-included-offenses mistrial prosecutorial-misconduct trial-transcript |
Is the defendant convicted due to double jeopardy violation? |
| 18-8773 |
Emmanuely Germain v. United States |
Eleventh Circuit |
2019-04-10 |
Denied |
IFP |
criminal-procedure criminal-procedure-error essential-elements harmless-error jurisdiction jury-instructions statutory-interpretation sufficiency-of-evidence uncharged-offense venue venue-error |
Is the omission of an essential element of an offense from jury instructions harmless if there is sufficient evidence to support a conviction of a rel… |
| 18-8719 |
Ciaran Paul Redmond v. United States |
Ninth Circuit |
2019-04-08 |
Denied |
IFP |
appellate-review circuit-conflict criminal-procedure criminal-procedure-appeal federal-jurisdiction judicial-notice jurisdictional-element jury-instructions jury-trial sentencing standards-of-review statutory-interpretation |
Whether, after a jury trial, a federal court of appeals can take judicial notice of evidence submitted by the government for the first time on appeal … |
| 18-8728 |
Joseph Christen Thoresen v. Minnesota |
Minnesota |
2019-04-08 |
Denied |
IFP |
corroborating-testimony credibility credibility-of-witnesses criminal-procedure criminal-procedure-due-process-jury-instructions-d criminal-procedure-jury-instructions drug-addiction due-process forensic-evidence jury-instruction jury-instructions methamphetamine prejudicial-evidence prejudicial-information witness-credibility |
Whether the court below erroneously held, in conflict with the decisions of two circuits, that a special jury instruction was not warranted when consi… |
| 18-8664 |
Rodney Tyrone Lowe v. Florida |
Florida |
2019-04-02 |
Denied |
IFP |
caldwell-v-mississippi death-penalty eighth-amendment eighth-amendment-violation harmless-error hurst-v-florida jury-instructions |
Does the Florida Supreme Court's exclusive reliance on a unanimous recommendation of death to find harmless error for violations of Hurst v. Florida, … |
| 18-8590 |
Harlin Argelio Ramos v. Utah |
Utah |
2019-03-27 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice self-defense |
Did the Utah appellate court err in holding that the erroneous jury instruction, which impermissibly shifted the burden of proof onto Petitioner/Defen… |
| 18-8565 |
Evender Gene Jackson v. Texas |
Texas |
2019-03-26 |
Denied |
IFP |
burden-of-proof constitutional-error direct-appeal harmless-error ineffective-assistance-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions standard-of-review strickland-standard strickland-test strickland-v-washington |
Whether a trial attorney's failure to object to the omission of a required jury instruction raises the burden of proof on direct appeal, where the out… |
| 18-8566 |
John Bartholomew Lowe v. Mississippi |
Mississippi |
2019-03-26 |
Denied |
Response WaivedIFP |
burden-of-proof circumstantial-evidence civil-procedure criminal-procedure direct-evidence evidence jury-instructions standard-of-review |
Whether multiple instances of circumstantial evidence can accumulate and become direct evidence? |
| 18-8575 |
Jose Camargo-Alejo, aka Jessica Camargo-Alejo v. United States |
Ninth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process entrapment entrapment-defense jury-instruction jury-instructions law-enforcement-intent ninth-circuit-precedent objective-theory sorrells-v-united-states subjective-theory |
Whether a court may decline to instruct a jury on an entrapment defense because the government agents did not objectively intend to induce a crime |
| 18-8490 |
Bernard Mitchell v. California |
California |
2019-03-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review |
Did the court abuse its discretion in permitting the jury to be exposed to the nicknames 'Crip' and ''Scrap,' which have been taken as a suggestion th… |
| 18-8476 |
Anthony Grandison v. Maryland |
Maryland |
2019-03-20 |
Denied |
Response WaivedIFP |
capital-sentencing collateral-consequences constitutional-due-process criminal-procedure death-penalty due-process harmless-error jury-instructions mitigating-factors sentencing sentencing-guidelines standard-of-proof |
Whether the Maryland Court of Appeals erred in finding that Grandison failed to prove he suffered significant collateral consequences from his unconst… |
| 18-8453 |
Dusty Ray Spencer v. Florida |
Florida |
2019-03-19 |
Denied |
IFP |
binding-precedent capital-sentencing constitutional-rights death-penalty death-penalty-sentencing due-process federal-constitutional-rights jury-instructions jury-responsibility jury-verdict sentencing-process structural-error unanimous-verdict |
Whether structural error occurs when the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty |
| 18-8450 |
Randall Alan Carder v. California |
California |
2019-03-18 |
Denied |
IFP |
assault assault-with-deadly-weapon constitutional-rights counter-attack criminal-procedure deadly-weapon due-process effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions self-defense |
Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a d… |
| 18-8331 |
Jeffrey Bowers v. Frank Lawrence, Acting Warden |
Seventh Circuit |
2019-03-07 |
Denied |
Response WaivedIFP |
appellate-procedure circuit-split due-process effective-assistance-of-counsel fourteenth-amendment harmless-error ineffective-assistance ineffective-assistance-of-counsel jury-instructions jury-separation plain-error |
Whether a conflict exists between the Seventh Circuit Court of Appeals and Appellate Court in case at bar where jury separation after deliberations ha… |
| 18-8276 |
Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison |
Third Circuit |
2019-03-06 |
Denied |
IFP |
certificate-of-appealability constitutional-violations criminal-procedure due-process due-process,fair-trial,impartial-jury,lesser-inclu fair-trial impartial-jury ineffective-assistance-of-counsel jury-instructions lesser-included-offense right-to-be-present trial-rights |
Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability |
| 18-8312 |
Dayomashell David Aguilar v. William Gittere, Warden, et al. |
Ninth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
aiding-and-abetting conspiracy criminal-procedure first-degree-murder jury-instructions mens-rea miscarriage-of-justice |
Whether the Ninth Circuit erred in denying a certificate of appealability on Aguilar's claim that the jury instructions relieved the State of the burd… |
| 18-8275 |
Brian Sawyers v. United States |
Ninth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
civil-rights criminal-justice criminal-procedure due-process equal-protection implicit-bias jury-instruction jury-instructions jury-selection racial-bias racial-discrimination racial-prejudice sixth-amendment voir-dire |
Whether the federal district court should give an implicit-bias jury-instruction upon-request |
| 18-8232 |
Jesus Rosales v. Texas |
Texas |
2019-03-04 |
Denied |
IFP |
6th-amendment allen-charge coercion criminal-procedure due-process judicial-discretion jury-deliberation jury-instruction jury-instructions trial-procedure |
At what point should a court grant defense's request for an Allen charge, so that the lack of one, in itself, does not become coercive? |
| 18-8251 |
Zachariah Joel Peterson v. Jay Cassady, Warden |
Eighth Circuit |
2019-03-04 |
Denied |
IFP |
certificate-of-appealability criminal-procedure due-process eighth-circuit felony-murder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instruction jury-instructions standard-of-review |
Whether the Eighth Circuit court of Appeals abused its discretion in denying petitioner a COA on his claim on insufficient evidence |
| 18-8252 |
Freddie Taylor v. United States |
Ninth Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights conviction due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions mistrial structural-error |
Whether the United States District Court and the Ninth Circuit Court of Appeals denied the petitioner relief pursuant to the issues raised in a petiti… |
| 18-8254 |
Eddie Earl Phillips v. Mississippi |
Mississippi |
2019-03-04 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights conviction criminal-procedure due-process habitual-offender indictment jury-instructions sentencing statement-of-the-case statutory-provisions |
Whether Phillips' Conviction and Sentence stems from a defective indictment, in violation of his due process rights? |
| 18-8184 |
Daryl Sharp v. Timothy Dolan |
District of Columbia |
2019-03-01 |
Denied |
Relisted (2)IFP |
appeal civil-procedure civil-rights criminal-procedure due-process evidence free-speech jurisdiction jury-instructions standard-of-review standing |
Whether the evidence presented at trial was sufficient to support the conviction |
| 18-8217 |
Marvin Johnson v. United States |
Second Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
due-process enterprise enterprise-membership fair-trial jury-instructions racketeering racketeering-act violent-crime |
Whether evidence supporting a conviction of violent crime in aid of racketeering must demonstrate the defendant was a member of the alleged enterprise |
| 18-8205 |
Elamin Bashir v. United States |
Third Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
conspiracy criminal-law criminal-procedure drug-trafficking due-process individualized-jury-finding jury-finding jury-instructions mandatory-minimum sentencing |
Whether the mandatory minimum sentence was improperly imposed for drug-trafficking conspiracy, because individualized jury finding as to quantity of d… |
| 18-8120 |
Jerry Lynn Lofton v. Mississippi |
Mississippi |
2019-02-25 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege |
Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his … |
| 18-8028 |
Ronald Reel v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions reasonable-doubt self-representation speedy-trial |
Whether petitioner was deprived of his 5th Amendment right to the Reasonable Doubts Clause |
| 18-8055 |
Kevin Ventura v. United States |
Second Circuit |
2019-02-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-924c apprendi apprendi-v-new-jersey apprendi-violation circuit-split criminal-procedure due-process jury-consideration jury-instructions jury-trial mandatory-minimum sentencing sentencing-enhancement statutory-interpretation |
Is Mr. Ventura is serving two life sentences imposed in violation of Apprendi v. New Jersey? |
| 18-8067 |
Arthur Nop Lew v. California |
California |
2019-02-21 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process jury-instructions jury-trial self-defense sufficiency-of-evidence sufficiency-of-the-evidence trial-by-jury |
Whether upholding a criminal conviction based on a jury instruction and legal standard that are more favorable to the prosecution than what was actual… |
| 18-8014 |
Wyley Tomas Baird v. Tammy Foss, Acting Warden |
Ninth Circuit |
2019-02-19 |
Denied |
IFP |
burden-of-proof civil-rights criminal-procedure due-process evidence federal-court ineffective-assistance-of-counsel judgment jury-instructions opinion petition prosecutorial-misconduct reasonable-doubt sexual-assault supreme-court writ-of-certiorari |
Was Petitioner denied due process of law and the right to be convicted only upon proof beyond a reasonable doubt? |
| 18-8001 |
William Fykes v. West Virginia |
West Virginia |
2019-02-15 |
Denied |
IFP |
14th-amendment constitutional-rights credibility criminal-procedure due-process intent jury-instructions post-arrest-silence prosecutorial-misconduct self-incrimination |
Whether Petitioner's rights under the due process of law were violated where the trial Court committed reversible error by refusing to provide jurors … |
| 18-1066 |
Tracy Chang and Howard Hsu v. United States |
Ninth Circuit |
2019-02-14 |
Denied |
Response Waived |
criminal-defense criminal-procedure fourth-amendment good-faith good-faith-defense good-faith-reliance jury-instructions search-warrant standing tax-fraud |
Whether a court must instruct the jury on a criminal defendant's good-faith reliance on professional tax advice as a defense, the scope of discretion … |
| 18-7973 |
Jaime Villa v. United States |
Ninth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence |
Whether there was insufficient evidence to prove Villa guilty beyond a reasonable doubt? |
| 18-7858 |
Arif Majid v. Jeff Noble, Warden |
Sixth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
burden-of-proof closing-argument constitutional-rights due-process fair-trial jury-bias jury-instructions prosecutorial-misconduct religious-prejudice trial-fairness |
Whether a prosecutor's appeals to religious prejudice in closing argument and throughout trial to inflame the passions of the jury embody animus or of… |
| 18-7820 |
Kelly Winton Pierce v. Erik Hooks |
Fourth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights criminal-conviction criminal-procedure due-process essential-element jury-instructions sex-offender sex-offender-registration |
Whether a criminal defendant's jury trial was fundamentally violated due to the trial judge's jury instructions that changed and expanded the definiti… |
| 18-7826 |
Curtis R. Leachman v. Thomas Winn, Warden |
Sixth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-determination jury-instruction jury-instructions michigan-self-defense-act psychological-expert self-defense self-defense-statute |
Was petitioner denied the right to compulsory process when the trial court failed to grant funds for a psychological expert to aide the jury in determ… |
| 18-7782 |
James E. Mason, Jr. v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-06 |
Denied |
IFP |
batson-challenge batson-challenges burden-of-proof confrontation confrontation-clause constitutional-rights criminal-procedure due-process impeached-testimony ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence jury-instructions jury-selection race-neutral-challenges |
Whether the State obtained Mr. Mason's conviction with insufficient evidence |
| 18-7766 |
Rishawn Lamar Reeder v. Cecelia Reynolds, Warden |
Fourth Circuit |
2019-02-05 |
Denied |
Response WaivedRelisted (2)IFP |
alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony |
Did the court err in finding trial counsel ineffective |
| 18-7702 |
George Reese v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-violations due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct vouching |
Whether the prosecutor committed misconduct |
| 18-7714 |
Anthony Grandison v. Maryland |
Maryland |
2019-02-01 |
Denied |
Response WaivedIFP |
blockburger-test common-law-murder commutation cumulative-punishment double-jeopardy double-jeopardy-clause due-process felony-murder handgun-use jury-instructions legislative-intent merger-of-offenses non-merger-rule prosecutorial-discretion required-evidence-test sentencing statutory-construction statutory-offenses |
Whether the Maryland Court of Appeals erred in holding... |
| 18-7641 |
Arturo Huerta v. Ron Davis, Warden |
Ninth Circuit |
2019-01-30 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process evidence jury-instructions sentencing |
Whether the natural and probable consequences of a criminal act can support a conviction for second-degree murder under the 'natural and probable cons… |
| 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 |
| 18-7523 |
Charles James v. Jeffrey Krueger, Warden |
Eighth Circuit |
2019-01-23 |
Denied |
Response WaivedIFP |
constitutional-rights due-process equal-protection felony-murder jury-instruction jury-instructions retroactivity statutory-interpretation |
Whether the Iowa state court decision in State v. Heemstra, that it is an interpretation of the statute, is contrary to the decision in State v. Goosm… |
| 18-7479 |
Farrell Haycraft v. Indiana |
Indiana |
2019-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-instructions mistrial trial-court-error verdict verdict-modification |
Did the Trial Court Err when it order the jurors to redeliberate after it reach a verdict of guilty and not guilty on all counts? |
| 18-7427 |
Abdirahman Yasin Daud v. United States |
Eighth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error harmless-error-analysis jury-instruction jury-instructions jury-trial sixth-amendment specific-intent |
Whether the Court of Appeals' application of 'harmless error' analysis to an erroneous jury instruction violated the defendant's Sixth Amendment right… |
| 18-7442 |
Kevin Underwood v. Mike Carpenter, Warden |
Tenth Circuit |
2019-01-16 |
Denied |
IFP |
aggravating-circumstances apprendi-v-new-jersey beyond-reasonable-doubt capital-punishment capital-punishment-scheme capital-sentencing death-penalty due-process jury-findings jury-instructions mitigating-circumstances reasonable-doubt supreme-court-precedent tenth-circuit |
Whether the Tenth Circuit's decision conflicts with Apprendi v. New Jersey and Ring v. Arizona |
| 18-7466 |
Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-defense criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions sixth-amendment |
Whether the erroneous jury instruction given in Mr. Bennett's case negated his only defense and relieved the State of the burden of proving all elemen… |
| 18-7416 |
Javier Solis v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-01-15 |
Denied |
IFP |
confrontation-clause crawford-precedent crawford-v-washington hearsay hearsay-exception jury-instructions jury-interpretation police-testimony sixth-amendment testimonial-evidence truth-of-the-matter-asserted |
Whether 'testimonial' or 'non-testimonial' should be the only factor in deciding whether Crawford's protection should apply |
| 18-7430 |
Mohamed Abdihamid Farah v. United States |
Eighth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error jury-instructions specific-intent trial-by-jury witness-credibility |
Whether the failure to include in jury instructions the required element of specific intent is subject to harmless error analysis where the element is… |
| 18-7406 |
Benjamin James Boatman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-01-14 |
Denied |
IFP |
criminal-procedure cumulative-error drug-induced-psychosis due-process heat-of-passion ineffective-assistance jury-instructions prosecutorial-misconduct right-to-counsel |
Ineffective assistance of counsel |
| 18-7371 |
Nicole Johnson v. California |
California |
2019-01-11 |
Denied |
Response WaivedIFP |
burden-of-proof circumstantial-evidence civil-rights criminal-conviction criminal-procedure due-process jury-instructions presumption-of-innocence reasonable-doubt stolen-property |
Whether proof that the defendant possessed recently stolen property—any stolen property, as far as the instruction is concerned, even if the defendant… |
| 18-7297 |
Donnie Howard v. California |
California |
2019-01-10 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure jury-instructions jury-trial reasonable-doubt burden-of-proof due-process fourteenth-amendment jury-instructions jury-trial reasonable-doubt sixth-amendment |
Did the trial court's statements during jury selection equating being convinced beyond a reasonable doubt with being 'sure' or 'positive' of guilt vio… |
| 18-7308 |
Ronnie Junior Rodriguez v. United States |
Eleventh Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence expert-testimony expert-witness federal-agent jury-instructions photographic-evidence pro-se-defense prosecutorial-misconduct witness-testimony |
Whether the defendant's due process rights were violated when the government presented unreliable expert testimony and improperly influenced the jury |
| 18-7330 |
Michael Anthony Garrett v. United States |
Eighth Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure defense-theory due-process evidence fifth-amendment jury-instructions right-to-present-defense sixth-amendment trial-evidence |
Whether a defendant's constitutional right to present a defense encompasses the right to have the jury instructed on a theory of defense that constitu… |
| 18-7264 |
Joel E. Miller v. United States |
Tenth Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
controlled-substances controlled-substances-act criminal-liability drug-trafficking gonzales-v-oregon jury-instructions medical-malpractice medical-practice medical-practitioner prosecutorial-discretion standard-of-care united-states-v-moore |
Whether the phrase 'issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice' mus… |
| 18-7272 |
Juan Pablo Arreola v. United States |
Second Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
cocaine-trafficking criminal-procedure criminal-procedure-evidence due-process evidence evidence-admission indictment-scope jury-instructions prosecutorial-misconduct sentencing standards-of-review |
Whether evidence of uncharged cocain trafficking was admitted erroneously |
| 18-7222 |
Winifred Jiau v. United States |
Second Circuit |
2019-01-04 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability constitutional-claims due-process habeas-corpus insider-trading jury-instruction jury-instructions statutory-interpretation |
Whether a prisoner must prove that some jurists would grant habeas corpus |
| 18-7210 |
Gordon Prailow v. Maryland |
Maryland |
2019-01-03 |
Denied |
Response WaivedIFP |
automatic-reversal collateral-review constitutional-deficiency criminal-procedure due-process habeas-corpus jury-instructions jury-verdict reasonable-doubt retroactivity sixth-amendment watershed-rule |
Whether state collateral review courts must retroactively apply the watershed/bedrock procedural rule of automatic reversal to jury findings that are … |
| 18-836 |
Phil Miranda Luna v. Florida |
Florida |
2019-01-03 |
Denied |
Response Waived |
capital-sexual-battery criminal-procedure due-process entrapment internet-sting internet-sting-operation jury-instruction jury-instructions minor sexual-battery statutory-entrapment traveling-to-engage-sex-with-minor |
Whether due process is denied when a trial court refuses to instruct a jury on a statutory entrapment defense |
| 18-7215 |
Salih Zeki Uces v. United States |
Eleventh Circuit |
2019-01-02 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fifth-amendment indictment-amendment international-kidnapping international-parental-kidnapping jury-instructions mens-rea parental-rights |
Whether the Eleventh Circuit violated Mr. Uces's rights under the Fifth Amendment |
| 18-7146 |
Jonathan Samuel Sage v. Washington |
Washington |
2018-12-21 |
Denied |
IFP |
confrontation confrontation-clause cross-examination double-jeopardy double-jeopardy-clause due-process evidence-restriction judicial-review jury-instructions multiple-convictions same-crime same-person-same-time separate-and-distinct-conduct uncharged-misconduct witness-credibility |
Should this Court grant review where Washington State's published Court of Appeals decision affirmed these multiple convictions despite ambiguous and … |
| 18-7110 |
James M. Flinn v. Mike Parris, Warden |
Sixth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fourteenth-amendment indictment indictment-allegations insufficient-evidence jury-instructions reasonable-doubt sufficiency-of-evidence |
Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause |
| 18-7130 |
Matthew G. Alden, Jr. v. Massachusetts |
Massachusetts |
2018-12-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-charges criminal-charges-text-messages criminal-procedure due-process ineffective-assistance jury-instructions preponderance-of-evidence preponderance-of-the-evidence proof-beyond-reasonable-doubt reasonable-doubt right-to-acquittal structural-error text-message-evidence text-messages |
Whether the government's use of a preponderance-of-the-evidence standard to prove that the defendant sent text messages violates the defendant's right… |
| 18-7076 |
Evelyn Person v. United States |
Second Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
appellate-review circuit-split conspiracy criminal-procedure due-process inconsistent-verdicts jury-instructions jury-verdict legal-conflict narcotics narcotics-conspiracy special-interrogatories |
Whether the Second Circuit's failure to vacate the verdict of guilt rendered against Petitioner in the narcotics conspiracy count based upon an irreco… |
| 18-7060 |
Brian William Schumaker v. Hector Joyner, Warden |
Fourth Circuit |
2018-12-17 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-claims due-process judicial-notice jury-instructions prudential-consideration theory-of-defense void-for-vagueness |
Whether the lower courts erred in recharacterizing and failing to fully consider the petitioner's constitutional claims of actual innocence and theory… |
| 18-7056 |
David Leonard Johnson v. California |
California |
2018-12-14 |
Denied |
IFP |
california-law criminal-law criminal-procedure criminal-procedure-lesser-included-offense descamps-standard due-process jury-instructions lesser-included-offense prejudicial-error prior-convictions receiving-stolen-property robbery |
Is the crime of receiving stolen property a lesser included offense of robbery, and if so, was the trial court's failure to instruct on receiving stol… |
| 18-7025 |
Tyree Marquez Burt v. California |
California |
2018-12-13 |
Denied |
IFP |
coercion due-process fair-trial fifth-amendment fourteenth-amendment hung-jury judicial-instruction jury-coercion jury-instructions trial-procedure |
Was the trial court's admonition to a deadlocked jury coercive, implicating the petitioner's due process rights to a fair trial? |
| 18-6975 |
Roy Arlen Van Nortrick v. Louisiana |
Louisiana |
2018-12-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process duress duress-inducements-promises involuntary-statements judicial-error jury-instructions reasonable-doubt |
Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Van Nortrick is guilty |
| 18-6976 |
Joseph Lochuch Ewalan v. Washington |
Washington |
2018-12-10 |
Denied |
IFP |
criminal-procedure criminal-trial double-jeopardy due-process evidentiary-basis jury-instruction jury-instructions lesser-included-offense standard-of-review state-court sufficiency-of-evidence united-states-v-dixon |
Whether the state trial court erred when it failed to instruct the jury on a lesser included offense when the evidence in the case supports an inferen… |
| 18-6977 |
James Edward Mitchell v. California |
California |
2018-12-10 |
Denied |
IFP |
california california-law constitution constitutional-law constitutional-violation criminal-law criminal-procedure due-process inhabitance-standard jury-instruction jury-instructions residential-burglary statutory-interpretation |
Does the standard jury instruction for residential burglary in California violate the United States Constitution where it fails to convey that the 'di… |
| 18-6937 |
Steven Arthur Morrill v. United States |
Eleventh Circuit |
2018-12-07 |
Denied |
Response WaivedIFP |
attempt criminal-law due-process eleventh-circuit jury-instructions mens-rea sexual-offense statutory-interpretation |
Whether defining 'induce' to mean 'to cause,' without further instructing on what must be caused, leaves defendants vulnerable to being convicted for … |
| 18-6964 |
Henry L. Wallace v. United States |
District of Columbia |
2018-12-07 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure criminal-procedure-defects double-jeopardy due-process indictment-amendment ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect jury-instruction jury-instructions prosecutorial-misconduct standing |
Whether a jurisdiction defective indictment can be procedurally or time bar adjudication |
| 18-6910 |
Elseddig Elmarioud Musa v. United States |
Ninth Circuit |
2018-12-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-sufficiency fraud-allegations judicial-discretion jury-instructions motion-for-acquittal prosecutorial-misconduct rule-29-motion sufficiency-of-evidence |
Whether the district court improperly denied Musa's Rule 29 motion |
| 18-6901 |
Enoch D. Hall v. Florida |
Florida |
2018-12-03 |
Denied |
IFP |
advisory-panel aggravating-circumstances Caldwell-v-Mississippi civil-rights constitutional-due-process death-penalty due-process harmless-error hurst-decision jury-instructions jury-role jury-sentencing sentencing sentencing-process unanimous-recommendation |
Whether the Hurst error is harmless given the jury's diminished sense of responsibility as an advisory panel, resulting in a Caldwell v. Mississippi e… |
| 18-6902 |
Scott Mansfield v. Florida |
Florida |
2018-12-03 |
Denied |
IFP |
criminal-conviction criminal-procedure death-penalty death-sentence due-process fact-finding findings-of-fact jury-findings jury-instructions notice procedural-due-process sentencing unnoticed-defendant |
Whether a conviction and death sentence may stand where a jury made no specific findings of fact that subjected an unnoticed individual to conviction … |
| 18-6882 |
Willie Seth Crain, Jr. v. Florida |
Florida |
2018-11-30 |
Denied |
IFP |
remedies prior constitutional defects in capital which requires unanimous jury findings of aggrava advisory-sentencing-panel aggravating-circumstances caldwell-v-mississippi capital-sentencing civil-rights constitutional-error death-penalty death-penalty-sentencing due-process harmless-error Hurst-decision hurst-v-florida jury-instructions jury-role jury-unanimity mitigating-circumstances sentencing sentencing-procedure |
Whether the Hurst error is harmless in light of the jury's diminished sense of responsibility as an advisory panel under Caldwell v. Mississippi |
| 18-6849 |
Steven James v. Massachusetts |
Massachusetts |
2018-11-27 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights due-process federal-constitutional-rights jdb-v-north-carolina jury-instructions juvenile-brain-science juvenile-homicide juvenile-justice juvenile-rights miller-retroactivity miller-v-alabama retroactivity sentencing-standards |
Whether the Massachusetts statute M.G.L. c.278 sec.33E and the state court judge's decision denying discretionary appellate review for juvenile homici… |
| 18-6800 |
Robert Ryan Powell v. United States |
Ninth Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
constructive-amendment double-jeopardy fifth-amendment grand-jury indictment jury-instructions jury-unanimity plain-error sixth-amendment statute-of-limitations |
Where jury instructions lack the dates and timeframes specified in the indictment, do the jury instructions constructively amend the indictment, and t… |
| 18-6805 |
Jose Rodriguez v. Daniel Paramo, Warden |
Ninth Circuit |
2018-11-26 |
Denied |
IFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process federal-question first-degree-murder ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instructions penal-code-187a principal reasonable-doubt |
Whether the petitioner's conviction for first-degree murder lacked sufficient evidence to support the verdict |
| 18-6817 |
Michael Albert Focia v. United States |
Eleventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process judge-vs-jury judicial-fact-finding jury-instructions jury-trial obstruction-of-justice pro-se sentence-enhancement sentencing separation-of-powers sixth-amendment |
Whether the court's instructions to the jury violated the Separation of Powers doctrine |
| 18-687 |
Auriel Devon Frett v. Territory of the Virgin Islands |
Virgin Islands |
2018-11-26 |
Denied |
|
chambers-v-mississippi co-defendant-testimony confrontation confrontation-clause criminal-procedure cross-examination cumulative-error-doctrine due-process jury-instructions sentencing sixth-amendment |
Whether the instruction to not consider the specific length of sentence a testifying co-defendant faced absent cooperation violates a defendant's sixt… |
| 18-6797 |
Stephanie Irene Greene v. South Carolina |
South Carolina |
2018-11-23 |
Denied |
Response WaivedIFP |
but no text was provided for me to analyze. Witho I cannot generate a question presented or identif please provide the full text of the petition. conviction criminal-procedure due-process jury-instructions mens-rea scientific-evidence standard-of-review |
Did the South Carolina Supreme Court apply the proper standard of review under Jackson v. Virginia when they affirmed the conviction of Stephanie Iren… |
| 18-662 |
Mary McDonald v. City of Wichita, Kansas |
Tenth Circuit |
2018-11-21 |
Denied |
Response Waived |
adverse-action but-for-causation but-for-cause employment-discrimination jury-instruction jury-instructions predominant-cause retaliation sole-cause sole-cause-standard standard-of-proof title-vii |
Does a court err by instructing a jury that a plaintiff must prove that retaliation is 'the' but-for cause of the adverse action, rather than 'a' but-… |
| 18-6721 |
Gavin Cullens v. Cindi Curtin, Warden |
Sixth Circuit |
2018-11-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense trial-counsel |
Did the trial court err when it gave out self-defense instruction for complainants who were not accused of any crimes to warrant a defense? Alternativ… |
| 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… |
| 18-6691 |
Delilah McCurtis v. Maggie Burke, Warden |
Seventh Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-consistent-statements prior-inconsistent-statements witness-testimony |
Where petitioner was denied a fair trial due to the introduction of prior inconsistent statements |
| 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… |
| 18-6663 |
Esau Escobar v. Illinois |
Illinois |
2018-11-13 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure double-jeopardy due-process jury-instructions murder murder-conviction prior-acts provocation provocation-defense self-defense substantial-evidence |
Whether the Appellate Court erred in rejecting the Petitioner's claim of provocation instruction due to the Petitioner's testimony that he acted out o… |
| 18-6615 |
Eugene Riley, III v. Stephanie Dorethy, Warden |
Seventh Circuit |
2018-11-08 |
Denied |
IFP |
6th-amendment criminal-justice due-process evidence jury-instructions law legal-assessment legal-principles separateness-of-events |
Whether Ritey was denied his 6th Amendment right to have his jury assessed with instructions on the application of legal principles to the evidence an… |
| 18-6619 |
Dominic C. Robinson v. Mississippi |
Mississippi |
2018-11-08 |
Denied |
Response WaivedIFP |
but the text you've provided appears to be incomp comprehensible text of a SCOTUS petition garbled I cannot extract a meaningful question presented I will respond with: 'Question not identified." or unreadable. Without a clear appeal civil-rights criminal-procedure due-process evidence exculpatory-evidence jury-instructions miranda-rights standing |
Whether jury instruction 5/4A was improper? |
| 18-6620 |
Joe Louis Armenta v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
28-usc-2254 aedpa deck-v-jenkins fourteenth-amendment habeas-corpus habeas-proceedings jury-instructions procedural-default prosecutorial-misconduct standard-of-review |
Do prior decisions of this Court compel the conclusion that so long as the jury is properly admonished and instructed, there cannot be a viable claim … |
| 18-6635 |
Eddie Hampton v. California |
California |
2018-11-08 |
Denied |
IFP |
criminal-procedure criminal-procedure-error felony-murder first-degree-murder jury-instruction jury-instructions murder natural-and-probable-consequence natural-probable-consequence prejudice-standard premeditated-murder standard-of-prejudice |
Where she jury was erroneously instrycted on (a) Murder as a natural and presbable consequence per peopie vs chiu 39 cal 4th $35 172 cad Rotr 3d 438 3… |
| 18-6636 |
James Edward Griffin v. Eric Arnold, Warden |
Ninth Circuit |
2018-11-08 |
Denied |
IFP |
due-process evidence evidence-admission fair-trial fourteenth-amendment gang jury-instructions misconduct motorcycle-gang prosecutorial-misconduct |
Was appellant deprived of a fair trial and due process of law under the Fourteenth Amendment to the United States Constitution when the trial court al… |
| 18-6639 |
Stuart Dizak v. Brandon Smith, Superintendent, Mid-State Correctional Facility |
Second Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
actual-innocence conspiracy-charge criminal-procedure due-process ineffective-assistance-of-counsel jailhouse-informant judicial-misconduct jury-instructions jury-notes perjured-testimony perjury prosecutorial-misconduct |
Whether the state court failed to return the defendant to the courtroom upon receipt of two substantive jury notes, and whether the actual charge of c… |
| 18-6576 |
Susan Kevra-Shiner v. United States |
Third Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fraud fraud-allegations indictment indictment-scope jury-instructions prosecutorial-misconduct verdict-slip |
Can a well written verdict slip cure the confusion created when the Government's Closing Argument and the Court's Jury Instructions constructively ame… |
| 18-574 |
Joseph Rachal v. United States |
First Circuit |
2018-11-02 |
Denied |
Response Waived |
6th-amendment bifurcated-trial bifurcation criminal-procedure due-process evidence evidence-admissibility felon-in-possession felony-conviction firearm-possession jury-instructions jury-prejudice prejudice prejudicial-evidence |
Is it unduly prejudicial for a jury to be exposed to the toxic evidence that the defendant is a convicted felon before even determining whether the de… |
| 18-6542 |
Mauricio Licea v. United States |
Ninth Circuit |
2018-11-02 |
Denied |
Response WaivedIFP |
civil-procedure dual-role due-process evidence expert-testimony expert-witness jury-instruction jury-instructions law-enforcement law-enforcement-testimony lay-witness trial-procedure |
Whether district courts must give a dual-purpose jury instruction after a law enforcement officer testifies as both an expert and a percipient witness |
| 18-567 |
Danny Snapp v. Burlington Northern Santa Fe Railway Company |
Ninth Circuit |
2018-10-31 |
Denied |
|
ada ADA-interactive-process ada-reasonable-accommodation burden-of-proof civil-rights disability-discrimination employer-burden employment interactive-process jury-instruction jury-instructions reasonable-accommodation summary-judgment undue-hardship us-airways-v-barnett |
whether-employer-must-provide-interactive-process-instruction |
| 18-6468 |
Bernabe Lugo-Santiago v. United States |
First Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-indictment criminal-law criminal-procedure due-process firearm firearm-regulation firearms indictment interstate-commerce jury-finding jury-instructions prosecutorial-burden |
Whether the Government must allege and prove a connection to interstate commerce for a conviction under 18 U.S.C. § 922(g)(1) |
| 18-6485 |
Richard Elliott Cain v. Washington |
Washington |
2018-10-29 |
Denied |
IFP |
6th-amendment character-evidence constitutional-rights criminal-procedure criminal-procedure-evidence due-process evidence fair-trial jury-instruction jury-instructions propensity-evidence search-warrant |
Whether the trial court erred in failing to give the jury a limiting instruction after permitting character and propensity evidence |
| 18-6415 |
Amalya Cherniavsky, aka Amalya Surenovna Yegiyan v. United States |
Ninth Circuit |
2018-10-25 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure district-court due-process jury-instruction jury-instructions sentencing standard-of-review sua-sponte sufficiency-of-evidence theory-of-defense trial-procedure |
Under what circumstances must a district court sua sponte instruct the jury on a theory of defense presented and relied upon at trial where the theory… |
| 18-6371 |
Tyrell Henderson v. United States |
Ninth Circuit |
2018-10-18 |
Denied |
Response WaivedIFP |
credibility criminal-procedure evidence jury-instructions mistrial prior-conviction |
Whether a mistrial should have been declared after the prosecutor improperly introduced evidence of the defendant's prior federal conviction where the… |
| 18-6316 |
Willie Gene Wilks, Jr. v. Ohio |
Ohio |
2018-10-15 |
Denied |
IFP |
burden-of-proof due-process false-testimony grand-jury indictment jury-instructions plain-error-review prosecutor prosecutorial-misconduct structural-error |
Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceeding… |
| 18-6308 |
Edwin Hernandez v. United States |
Second Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure due-process duress-defense jury-instructions second-circuit sentencing |
Did the Second Circuit err in finding that the district court's charge correctly stated the requirements for the duress defense? |
| 18-6265 |
Samuel Silva v. United States |
Tenth Circuit |
2018-10-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure criminal-statute evidence evidence-prejudice federal-firearms federal-rule-403 federal-rules-of-evidence felon-in-possession felon-possession firearm-possession jury-instruction jury-instructions prejudice prejudicial-evidence probative-value rule-403 |
Whether the practice of telling juries in a 18 U.S.C. § 922(g)(1) prosecution that the defendant is a previously-convicted felon should be excluded un… |
| 18-6227 |
DeWayne L. Wester v. Illinois |
Illinois |
2018-10-04 |
Denied |
Response WaivedIFP |
cause cause-standard ineffective-assistance-of-counsel jury-instruction jury-instructions post-conviction post-conviction-petition res-judicata successive-petition |
Where a State Court fail to adjudicate an issue properly raised and argued in a post conviction petition and on appeal, can the absence of a res judic… |
| 18-423 |
Christopher Barrella v. Village of Freeport, New York, et al. |
Second Circuit |
2018-10-03 |
Denied |
|
circuit-split civil-procedure civil-rights damages due-process federal-rules-of-civil-procedure golden-rule-argument jury-instructions liability liability-determination new-trial standing |
Whether a lawyer's invitation to the jury to imagine themselves in the shoes of an interested party in determining either liability or damages is impr… |
| 18-6152 |
M. E. D. v. New Jersey |
New Jersey |
2018-10-01 |
Denied |
Relisted (2)IFP |
child-endangerment criminal-procedure due-process evidence evidence-law fair-trial jury-instruction jury-instructions other-wrongs-evidence second-degree-child-endangerment victim-testimony witness-testimony |
Did the trial court violate petitioner's right under the due process clause to a fair trial when the court failed to instruct the jury properly on a k… |
| 18-6155 |
Christian Lemus Cerna, aka Leopardo, aka Bago, aka Vago, aka Gatito, aka Christian Josue Lemus Alfaro v. United States |
Fourth Circuit |
2018-10-01 |
Denied |
Response WaivedIFP |
brady-evidence-disclosure brady-violation brady-violations court-of-appeals criminal-procedure eighth-amendment eighth-amendment-sentencing evidence-admission false-testimony jury-instructions lesser-included-offenses mandatory-life-sentence severance-of-defendants uncharged-conduct-evidence uncharged-murder-evidence |
Whether the Court of Appeals erred in affirming the district court's decisions |
| 18-6047 |
Leo Llowlyn Seed v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-09-20 |
Denied |
IFP |
alibi appeal charging-information civil-rights constitutional-rights criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions trial-counsel verdict-form witness-investigation |
Whether trial counsel was ineffective for multiple reasons |
| 18-361 |
Lael J. Alleyne v. Pennsylvania |
Pennsylvania |
2018-09-19 |
Denied |
|
appeal appellate-review criminal-law criminal-procedure due-process imperfect-self-defense jury-instructions manslaughter self-defense supreme-court-pennsylvania trial-court-error voluntary-manslaughter |
Whether the Supreme Court of Pennsylvania erred in denying a Petition for Allowance of Appeal despite the trial court's improper exclusion of voluntar… |
| 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… |
| 18-335 |
Nathaniel Teamer v. Scott Lewis, Warden |
Fourth Circuit |
2018-09-14 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process fair-trial judicial-bias jury-instructions south-carolina state-court supreme-court truth-seeking |
Does the South Carolina Supreme Court's acceptance of judges instructing the jury that its 'sole objective is to simply reach the truth of the matter'… |
| 18-5993 |
Douglas Roy Burns v. Connie Horton, Warden |
Sixth Circuit |
2018-09-14 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process evidence jury-instructions mens-rea specific-intent |
Whether a state court must constitutionally recognize and allow a defense in the form of testimony and/or other relevant evidence which disproves the … |
| 18-5972 |
Assane Faye v. United States |
Third Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure |
Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra… |
| 18-5957 |
Raul Arcila v. United States |
Ninth Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
21-usc-841 criminal-procedure drug-statute due-process evidentiary-issues jury-evidence jury-instructions plain-error proximate-cause sentencing-factor unfair-prejudice |
Whether the District Court committed plain error by allowing the government to convert a sentencing factor into a proximate cause element |
| 18-5937 |
Charles Lee Burton v. Alabama |
Alabama |
2018-09-11 |
Denied |
IFP |
aggravating-factors caldwell-v-mississippi capital-sentencing capital-sentencing-scheme constitutional-review death-penalty eighth-amendment evolving-standards-of-decency hurst-v-florida jury-instructions jury-recommendation mitigating-factors |
Whether Alabama's capital sentencing scheme is unconstitutional under Hurst v. Florida and Caldwell v. Mississippi |
| 18-5912 |
Robert Kimmell v. United States |
Ninth Circuit |
2018-09-10 |
Denied |
Response WaivedIFP |
criminal-defense criminal-procedure criminal-procedure-disclosure drug-offense due-process fair-trial informant informant-disclosure jury-instructions lesser-included-offense relevance verdict-form witness-disclosure |
Did Kimmell establish that disclosure of the informant was relevant and helpful to his defense, or essential to a fair determination of his cause? |
| 18-287 |
Ron Neal, Superintendent, Indiana State Prison v. Frederick Michael Baer |
Seventh Circuit |
2018-09-05 |
Denied |
Relisted (3) |
antiterrorism-act antiterrorism-and-effective-death-penalty-act deferential-review habeas-corpus habeas-relief indiana-supreme-court ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct strickland-standard strickland-v-washington |
Did the Seventh Circuit violate the deferential review requirements of the Antiterrorism and Effective Death Penalty Act by disregarding the reasoned … |
| 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… |
| 18-274 |
Michael Jay Stewart v. United States |
Ninth Circuit |
2018-09-04 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-fraud jury-instructions kokesh-v-sec mail-fraud materiality materiality-standard naive-and-careless omissions-theory reasonably-prudent-victim sentencing-guidelines statute-of-limitations |
Whether the federal criminal fraud statutes maintain a reasonably prudent victim requirement |
| 18-5849 |
Jose Soza v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-08-31 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment state-postconviction |
Whether state trial counsel rendered constitutionally ineffective assistance of counsel |
| 18-5808 |
Rafael Angel Rondon v. United States |
Eleventh Circuit |
2018-08-29 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-924c 6th-amendment constitutional-law crimes-of-violence criminal-procedure due-process federal-law jury-instructions residual-clause sentencing sixth-amendment statutory-interpretation supreme-court-precedent violent-crime |
Whether the Eleventh Circuit's 18 U.S.C. § 924(c) pattern jury instruction violates the Sixth Amendment |
| 18-5748 |
Rory Allen Meeks v. United States |
Eighth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
alleyne-v-united-states appellate-review constructive-amendment criminal-procedure drug-offense drug-offenses jury-instructions mccoy-v-louisiana mens-rea sentencing sixth-amendment |
Whether reasonable jurists might debate the application of Alleyne and Apprendi to mens rea and constructive amendment |
| 18-5751 |
William Burke v. Georgia |
Georgia |
2018-08-24 |
Denied |
Response WaivedIFP |
adversarial-process constitutional-fairness criminal-procedure double-jeopardy due-process evidence evidence-review fair-trial judicial-review jury-instructions post-conviction-review prosecutorial-discretion prosecutorial-misconduct trial-strategy |
At what point does it become fundamentally unfair to 'adjust the charges to the evidence'? |
| 18-5756 |
Shondolyn Rochelle Blevins v. United States |
Fifth Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-instructions |
Did the District Court abuse its discretion when it denied the Petitioner's 28 U.S.C. 2255 motion without an evidentiary hearing? |
| 18-5757 |
Michael L. Berry v. Walter Nicholson, Warden |
Seventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
appeals civil-rights criminal-procedure due-process evidence habeas-corpus jury-instructions sentencing standing |
Whether the petitioner's federal constitutional claims were properly presented and preserved for review by the lower courts |
| 18-5700 |
Jerry Docaj v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2018-08-22 |
Denied |
IFP |
criminal-law criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance jury-instructions manslaughter miranda-rights passion-provocation sixth-amendment |
Whether the jury instruction on passion/provocation manslaughter misstated the law |
| 18-5681 |
Dexter Leemon Johnson v. Oklahoma |
Oklahoma |
2018-08-21 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection judicial-error jury-instructions jury-trial jury-verdict reasonable-doubt sentencing statutory-maximum trial-error |
Whether the petitioner was denied the right to a jury verdict of guilt beyond a reasonable doubt |
| 18-5637 |
Afelix Desir v. Florida |
Florida |
2018-08-17 |
Denied |
IFP |
criminal-law criminal-statute due-process fundamental-error information-charging jury-instructions minor minor-protection sexual-activity sexual-offense |
Does a trial court commit fundamental error when it instructs a jury regarding both 'Penile/Vaginal intercourse' unlawful sexual activity with specifi… |
| 18-5607 |
Friday Ogunyemi James v. United States |
Third Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness |
Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the evide… |
| 18-5625 |
Arrion Lee Crew, Jr. v. W. L. Montgomery, Acting Warden |
Ninth Circuit |
2018-08-16 |
Denied |
IFP |
civil-rights due-process evidence ineffective-assistance-of-counsel jury-instructions lesser-included-offense self-defense voluntary-manslaughter |
Whether the trial court prejudicially erred in failing to instruct on the lesser included offense of voluntary manslaughter |
| 18-200 |
Michigan v. Charles Damon Jones |
Michigan |
2018-08-15 |
Denied |
Response Waived |
appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency |
Whether the Michigan Court of Appeals erred in granting a new trial based on an inconsistent jury verdict, even though irreconcilable jury verdicts ar… |
| 18-5540 |
Darnell Rush v. Randee Rewerts, Warden |
Sixth Circuit |
2018-08-14 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jury-instructions motion-for-new-trial sufficiency-of-evidence |
Whether the defendant-appellant was entitled to a new trial where the trial court failed to answer the defendant's request, Did the trial court err in… |
| 18-5473 |
Justin Michael Credico v. United States |
Third Circuit |
2018-08-06 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process first-amendment free-speech jury-instructions sentencing subjective-intent" |
Whether the jury instructions on subjective intent for 18 USC § 875(c) were proper in light of the Elonis case |
| 18-5452 |
Kenneth Roshaun Reid v. United States District Court for the District of South Carolina |
Fourth Circuit |
2018-08-03 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-procedure conspiracy-liability conviction-validity drug-conspiracy due-process jury-instructions sentencing standard-of-review statutory-interpretation |
issue being raised |
| 18-5464 |
Jose Benitez, Jr. v. United States |
Eleventh Circuit |
2018-08-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
armed-bank-robbery closing-argument constructive-amendment criminal-procedure due-process firearm firearm-specification indictment indictment-variance jury-instructions prosecutorial-discretion variance |
Whether a constructive amendment occurred when the jury instructions and government's closing argument allowed conviction for armed bank robbery witho… |
| 18-5427 |
Monclaire Saint Louis v. United States |
Fourth Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
criminal-procedure curative-instruction curative-instructions due-process evidence jury-bias jury-instructions kidnapping prejudice prejudicial-error rape witness-testimony |
Whether witness testimony about a rape committed by someone other than the defendant during a kidnapping creates prejudice that cannot be overcome by … |
| 18-5433 |
Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-08-01 |
Denied |
Response WaivedIFP |
closing-argument constitutional-rights due-process effective-assistance-of-counsel fair-trial hearsay-evidence ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct right-to-testify sixth-amendment speedy-trial |
Was the petitioner denied her right to a fair trial and effective assistance of counsel? |
| 18-5395 |
Wayne Clyde Mezzles v. John N. Katavich, Warden |
Ninth Circuit |
2018-07-30 |
Denied |
IFP |
criminal-procedure-forfeiture defense-counsel due-process federal-claims forfeiture-bar jury-admonitions jury-instructions prosecutorial-misconduct sentencing sentencing-proportionality state-procedural-bar trial-court |
Does the state's application of a forfeiture bar for failure to request additional admonitions discriminate against federal claims? |
| 18-5386 |
Allen Alexander, aka Karon Keenan v. New Jersey |
New Jersey |
2018-07-27 |
Denied |
Response WaivedIFP |
assault constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense robbery state-criminal-law trial-error |
Can a state trial judge's failure to charge the jury on a lesser included offense violate the defendant's rights guaranteed by the Due Process Clause … |
| 18-5355 |
Del Ray Sanders v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-26 |
Denied |
Relisted (2)IFP |
accidental-death criminal-procedure criminally-negligent-homicide due-process homicide-charges jury-instructions lesser-included-offense lesser-included-offenses manslaughter standard-of-review texas-penal-code trial-court-discretion unreasonable-application-of-federal-law |
Whether the trial court erred in denying the defendant's request for jury instructions on the lesser-included offenses of manslaughter and criminally … |
| 18-5359 |
Ernest D. Suggs v. Florida |
Florida |
2018-07-26 |
Denied |
IFP |
appellate-review caldwell-v-mississippi capital-sentencing death-penalty death-penalty-sentencing eighth-amendment hurst-v-florida judicial-responsibility jury-instructions jury-recommendation |
Does a Florida death sentence imposed pursuant to the capital sentencing scheme overruled in Hurst v. Florida, 136 S. Ct. 616 (2016), in a case where … |
| 18-5347 |
Marquis D. Costic v. Illinois |
Illinois |
2018-07-25 |
Denied |
IFP |
confrontation-clause constitutional-rights credibility cross-examination fifth-amendment jailhouse-informant jury-instructions prosecution-witness prosecutorial-misconduct sixth-amendment witness-disclosure |
Was my Sixth Amendment U.S. Constitutional Right, under the Confrontation Clause violated when the prosecution kept interrupting during cross-examinat… |
| 18-5301 |
Cahlan Clay v. United States |
Eighth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
compulsory-process confrontation-clause criminal-defense criminal-procedure cross-examination defendant-rights defense-strategy due-process evidence fair-trial judicial-discretion jury-instructions jury-trial trial-procedure witness-examination |
Whether a court may dictate the manner by which a defendant presents his case to the jury by forcing defense counsel to rely exclusively on the cross-… |
| 18-5278 |
Christopher Collings v. Missouri |
Missouri |
2018-07-19 |
Denied |
IFP |
capital-punishment culpability deliberation due-process eighth-amendment eighth-amendment-reliability intoxication jury-instructions mens-rea mental-state |
Whether it violates the Eighth Amendment to instruct a capital jury that they may not consider evidence of the defendant's intoxication at the time of… |
| 18-5251 |
Sarjo Dambelly v. United States |
Second Circuit |
2018-07-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-law criminal-procedure deliberate-avoidance global-tech intent jury-instructions knowledge-standard mens-rea second-circuit willful-blindness |
Whether, in light of Global-Tech, the Second Circuit errs by holding, contrary to at least six other circuits, that willful blindness in a criminal ca… |
| 18-5195 |
Steven Anthony Alvarez v. M. Eliot Spearman, Warden |
Ninth Circuit |
2018-07-10 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment california-law constitutional-vagueness criminal-law due-process evidence great-bodily-injury jury-instructions prosecutorial-misconduct testimony vagueness |
Whether petitioner was denied due process of law when prosecutor misstated law, misstated testimony, and misstated evidence to the jury |
| 18-53 |
Lance Dillard, aka Double v. United States |
Seventh Circuit |
2018-07-10 |
Denied |
Response Waived |
constitutional-safeguards criminal-procedure due-process fair-trial internet-access internet-publicity judicial-controls juror-misconduct jury-instructions prejudicial-publicity sixth-amendment |
fair-trial |
| 18-5181 |
Michael Gordon Reynolds v. Florida |
Florida |
2018-07-09 |
Denied |
Relisted (4)IFP |
caldwell-v-mississippi capital-sentencing death-penalty death-penalty-sentencing eighth-amendment hurst-error jury-instructions ring-v-arizona structural-error |
Whether the Florida Supreme Court's plurality decision rejecting Mr. Reynolds' Caldwell v. Mississippi, 472 U.S. 320 (1985) claim is error. The jury w… |
| 18-5079 |
Michelle Lyn Michaud v. California |
California |
2018-07-03 |
Denied |
IFP |
aiding-and-abetting burden-of-proof constitutional-error criminal-liability criminal-procedure due-process factfinding-function fifth-amendment jury-instructions jury-trial jury-trial-guarantees reasonable-doubt sixth-amendment |
Whether the trial court's incorrect instruction on aiding and abetting liability violated the constitutional jury trial guarantees of the Fifth, Sixth… |
| 18-5081 |
Alvin Leroy Morton v. Florida |
Florida |
2018-07-03 |
Denied |
IFP |
binding-precedent capital-sentencing criminal-procedure death-penalty death-penalty-sentencing federal-constitutional-rights judicial-discretion jury-instructions jury-responsibility jury-role sentencing-procedure structural-error unanimous-verdict |
Whether structural error occurs when the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty |
| 18-5048 |
John W. Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility |
Seventh Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
aggravated-battery attempted-murder criminal-procedure due-process ineffective-assistance jury-instructions lesser-included-offense lesser-included-offenses sixth-amendment strickland-v-washington |
Whether Taylor was denied his right to effective assistance of trial counsel guaranteed by the 6th Amendment |
| 18-5001 |
John Theodore Hancock v. United States |
Sixth Circuit |
2018-06-28 |
Denied |
Response WaivedIFP |
burrage-standard but-for-causation causation criminal-law criminal-procedure death-penalty death-resulting due-process jury-instruction jury-instructions sentencing statutory-interpretation |
Whether a jury instruction that submits the question of whether a death was the result of the accused's offense by simply tracking the statutory langu… |