jury-trial
952 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6773 | Devern Clemons, III v. Florida | Florida | 2026-02-10 | Pending | IFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25A855 | Arvin Terrill Carmen v. United States | Ninth Circuit | 2026-01-30 | Application | continuing-criminal-enterprise effective-assistance jury-trial narcotics-violation sixth-amendment unanimous-verdict | The question in this case centers on a determination of the proper application of 21 U.S.C. § 848(c)(2)(A) and what legal standards and facts are nece… | |
| 25-883 | James Thomas Ford v. Florida | Florida | 2026-01-23 | Pending | Response Waived | due-process fourteenth-amendment human-trafficking jury-trial prosecutorial-discretion vindictive-prosecution | Does a prosecutor engage in vindictive prosecution in violation of the Due Process Clause of the Fourteenth Amendment where she amends the criminal ch… |
| 25-6623 | Hamed Kian v. Florida | Florida | 2026-01-20 | Pending | Response WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6607 | Kevin Esaud Perez Rojas v. Florida | Florida | 2026-01-16 | Pending | Response WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6571 | Maxo Casseus v. Florida | Florida | 2026-01-13 | Pending | Response WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25A803 | Henry Wade v. United States | Eleventh Circuit | 2026-01-12 | Application | constitutional-violation criminal-procedure due-process jury-trial prosecutorial-misconduct structural-error | Whether the Petition presents multiple preserved structural constitutional questions of exceptional national importance, including: constructive amend… | |
| 25-6479 | Leontis Cornelius v. United States | Seventh Circuit | 2026-01-05 | Pending | Response WaivedIFP | criminal-recklessness felon-in-possession jury-trial self-defense sentencing-enhancement sixth-amendment | 1.When the government seeks to aggravate the sentence of a felon in possession of a firearm (18 USC § 922 [g]) contending that he violated a State c… |
| 25-6457 | Elijah Behringer v. California Polytechnic State University, San Luis Obispo, et al. | Ninth Circuit | 2025-12-31 | Pending | Response WaivedIFP | covid-mandates jacobson-precedent jury-trial rational-basis-review sixth-amendment substantive-due-process | (1) Whether this Court's decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905) provides authority for automatic dismissal of lawsuits challenging … |
| 25-6412 | Israel Navarro v. New York | New York | 2025-12-22 | Pending | Response WaivedIFP | apprendi-rule criminal-procedure fifth-amendment jury-trial sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments guarantee criminal defendants, like the petitioner Israel Navarro, the right to a jury trial on statutorily req… |
| 25-739 | Herbert Hirsch, et al. v. United States Tax Court | Eleventh Circuit | 2025-12-22 | Pending | Amici (3)Response RequestedResponse Waived | administrative-proceedings constitutional-rights jury-trial mandamus seventh-amendment tax-fraud | 1. Whether the court of appeals must issue a writ of mandamus when a petitioner is erroneously denied a jury trial, without considering whether the ri… |
| 25-6386 | Gavin Michael Harold v. United States | Eleventh Circuit | 2025-12-16 | Pending | Response RequestedResponse WaivedIFP | child-pornography criminal-punishment jury-trial mandatory-minimum restitution sixth-amendment | In 2018, Congress enacted the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, which established a mandatory minimum restitution amount o… |
| 25A678 | Thurmond McDonald v. Florida | Florida | 2025-12-09 | Application | constitutional-rights criminal-procedure habitual-offender jury-trial sentencing-enhancement sixth-amendment | Whether the Sixth Amendment requires a jury, rather than a judge, to determine a defendant's status as a habitual felony offender under Florida law | |
| 25-650 | Raymon Walters v. United States | Third Circuit | 2025-12-04 | Denied | Response Waived | counsel-strategy criminal-defense defendant-rights jury-trial legal-ethics sixth-amendment | Whether defense counsel may concede an element of an offense over the defendant's objection, where the concession is reasonably designed to advance th… |
| 25-6221 | Hugo Chavez Valdivias v. United States | Tenth Circuit | 2025-11-24 | Denied | Response WaivedIFP | constitutional-rights jury-nullification jury-trial sentencing-consequences sixth-amendment verdict-power | Does the Sixth Amendment right to a jury trial guarantee a jury informed of its power to return a verdict against the law and the facts? Does the Six… |
| 25-6154 | Karyn M. Kelley, Individually and as Trustee of The Karyn M. Kelley Revocable Trust Agreement of July 13, 2016 v. Mary Feeney, et al. | New Hampshire | 2025-11-18 | Denied | Response WaivedIFP | constitutional-rights court-of-appeals due-process judicial-bias jury-trial subject-matter-jurisdiction | I-(a) Did the court of appeals err in holding that the lower court violated Article 20, Part First, of the New Hampshire Constitution, which the parti… |
| 25A544 | Herbert Hirsch, et al. v. United States Tax Court | Eleventh Circuit | 2025-11-12 | Application | administrative-proceedings constitutional-rights due-process fraud-penalties jury-trial seventh-amendment | Whether the Seventh Amendment requires a jury trial for fraud penalties imposed by the IRS in administrative proceedings, consistent with the Supreme … | |
| 25A545 | Harvey Birdman, et al. v. United States Tax Court | Eleventh Circuit | 2025-11-12 | Application | administrative-proceedings constitutional-rights due-process fraud-penalties jury-trial seventh-amendment | Whether the Seventh Amendment requires a jury trial for fraud penalties imposed by the IRS in administrative proceedings, consistent with the Supreme … | |
| 25-6040 | Gustavo Tijerina Sandoval v. Texas | Texas | 2025-11-05 | Denied | Response WaivedIFP | due-process harmless-error jury-trial sixth-amendment state-law trial-counsel | 1. May a state court that reaches and decides an asserted violation of the Sixth Amendment right to jury trial that has not been waived or forfeited u… |
| 25-509 | Jana Shepherd v. Helen Painter & Co., et al. | Texas | 2025-10-24 | Denied | breach-of-fiduciary-duty constitutional-rights due-process fraud jury-trial summary-judgment | Did the Trial Court violate the Appellant's constitutional right to a jury trial by denying the request for a jury trial, despite the Appellant's time… | |
| 25-5895 | Rickey Johnson, aka Sealed Defendant 1, aka Neil Dawn Defarren v. United States | Second Circuit | 2025-10-15 | Pending | IFP | circuit-split constitutional-law criminal-procedure harmless-error jury-trial sixth-amendment | L. Whether the acknowledged violation of a federal criminal defendant's right to a jury of 12, under Fed. R. Crim. P. 23(b), can be harmless, a questi… |
| 25-445 | E&I Global Energy Services, Inc., et al. v. Liberty Mutual Insurance Company | Eighth Circuit | 2025-10-14 | Denied | Response Waived | civil-procedure contract-assignment expert-testimony federal-rules jury-trial seventh-amendment | 1. Whether the district court violated the Seventh Amendment and Federal Rule of Civil Procedure 39(b) by denying petitioners' timely motion for a jur… |
| 25-5819 | Max Fontes v. Arizona | Arizona | 2025-10-07 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony. |
| 25-5732 | Jeremy Baum v. Missouri | Missouri | 2025-09-25 | Denied | Response WaivedIFP | appellate-review criminal-conviction due-process fourteenth-amendment jury-trial legal-precedent | Whether affirming a criminal conviction on a different theory than what was presented to the jury conflicts with Supreme Court precedent and violates … |
| 25-5716 | Jesus Meraz-Ramirez v. United States | Fifth Circuit | 2025-09-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5720 | Gregory Bartunek v. United States | Eighth Circuit | 2025-09-24 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process judicial-fact-finding jury-trial sentencing | Whether the rights of due process and to a jury trial are violated when courts impose sentences that, but for a judge-found fact, would be higher than… |
| 25A342 | Amanda Norris, et vir v. Safeguard Properties, et al. | Fourth Circuit | 2025-09-24 | Presumed Complete | appellate-review breach-of-contract invasion-of-privacy jury-trial pro-se trespass | Whether pro se plaintiffs can challenge a district court judgment affirmed by an appellate court after a jury trial involving claims of breach of cont… | |
| 25-343 | CashCall, Inc., et al. v. Consumer Financial Protection Bureau | Ninth Circuit | 2025-09-23 | Pending | circuit-precedent constitutional-rights jury-trial legal-restitution seventh-amendment waiver | Whether a claim for legal restitution triggers the Seventh Amendment right to a jury trial and whether a litigant may validly waive a constitutional r… | |
| 25-334 | Satyasheel S. Korpe v. United States | Fourth Circuit | 2025-09-22 | Denied | Response Waived | article-iii driving-while-intoxicated jury-trial probation-conditions second-amendment-rights sixth-amendment | Does the Sixth Amendment and Article III, Section 2, Clause 3 of the Constitution guarantee a defendant charged with Driving While Intoxicated the rig… |
| 25-5663 | Brahim Boumakh v. Michelle C. Reid, Superintendent, Fairfax County Public Schools, et al. | Fourth Circuit | 2025-09-17 | Rehearing | Relisted (2)IFP | civil-rights constitutional-violations employment-discrimination jury-trial procedural-technicalities religious-accommodation | Whether a United States District Court judge may dismiss a civil rights employment discrimination case on procedural technicalities without granting: … |
| 25-5652 | Federico Jose Maldonado-Aleman v. United States | Fifth Circuit | 2025-09-16 | Denied | Response WaivedIFP | circuit-court conspiracy drug-distribution jury-trial sentencing-guidelines sixth-amendment | Whether the Fifth Circuit's decision that a defendant may be sentenced for drugs that he was not shown to have agreed to distribute violates the Court… |
| 25-218 | Brian Smith v. Florida | Florida | 2025-08-22 | Denied | Response Waived | appellate-procedure case-law florida-supreme-court jury-trial post-conviction-relief precedent | Does case law from the Florida Supreme Court in 1999 take precedence over case law from the Florida 1st DCA in 1988, and what remedy exists when an ap… |
| 25-5430 | Ravon Lovowe Ramsey v. California Department of Corrections and Rehabilitation, et al. | Ninth Circuit | 2025-08-21 | Denied | Response WaivedIFP | civil-rights due-process eighth-amendment expert-testimony jury-trial medical-malpractice | Whether the United States Court of Appeals erred in denying the plaintiff's motion for a new trial based on alleged Eighth Amendment rights violations… |
| 25-5398 | Ricky L. Miller, Jr. v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. | Third Circuit | 2025-08-19 | Rehearing | Relisted (2)IFP | constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial sixth-amendment | Did the Third Circuit Court of Appeals violate Sixth Amendment and Fourteenth Amendment precedents by upholding Pennsylvania's Rule 590(c) regarding j… |
| 25-5389 | Steven Pitts v. New York | New York | 2025-08-18 | Denied | IFP | constitutional-rights criminal-sentencing factual-findings jury-trial prior-incarceration sixth-amendment | Whether the Sixth Amendment right to a jury trial applies to factual findings regarding the length of a defendant's prior incarceration and the date o… |
| 25-5365 | Omar Alonso Pazos-Montes v. United States | Fifth Circuit | 2025-08-14 | Denied | Response WaivedIFP | criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5282 | Jackson Daniel Bowers v. United States | Ninth Circuit | 2025-08-05 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process jury-trial sixth-amendment supervised-release | Whether the Sixth Amendment right to a jury trial applies to supervised release revocation proceedings |
| 25-5224 | Kelechi Collins Umeh v. United States | First Circuit | 2025-07-29 | Denied | Response WaivedIFP | criminal-conviction defendant-rights jury-trial structural-error trial-court waiver | Is it structural error for a trial court to enter a conviction against a defendant who did not expressly waive his right to a jury trial? |
| 25-102 | Jayne Swinford v. Officer Joshua Santos, et al. | Eleventh Circuit | 2025-07-25 | Denied | Response Waived | civil-rights due-process jury-trial procedural-rules qualified-immunity seventh-amendment | Whether the lower courts violated the Seventh Amendment's guarantee of a jury trial and the Fifth Amendment's Due Process Clause by dismissing Petitio… |
| 25-5180 | Sherrod Anthony Wright v. Florida | Florida | 2025-07-23 | Denied | Response WaivedIFP | criminal-procedure defendant-rights jury-trial sixth-amendment state-court waiver | Whether the ancient right enshrined in the Sixth Amendment to trial by a twelve-member jury applies to a state court trial for major felonies where th… |
| 25A95 | Larry Jordan v. Stephen Bates, Sr. | Third Circuit | 2025-07-23 | Presumed Complete | civil-case dismissal factual-matters jury-trial right-to-trial seventh-amendment | Question not identified. | |
| 25-70 | William Kelly v. Graphic Packaging International, LLC | Sixth Circuit | 2025-07-21 | Denied | americans-with-disabilities-act compensatory-damages jury-trial punitive-damages retaliation seventh-amendment | Whether the Seventh Amendment and 42 U.S.C. § 1981a(c)(1) guarantee a jury trial when a plaintiff seeks compensatory or punitive damages for retaliati… | |
| 25-5100 | David Joseph Peterson v. Black Body Corporation, dba Antec, Incorporated, et al. | Fourth Circuit | 2025-07-15 | Denied | Response WaivedIFP | constitutional-right credibility-determination due-process jury-trial seventh-amendment summary-judgment | Whether the lower court erred in making credibility determinations in allowing Respondent's Motion for Summary Judgment thereby denying Petitioner his… |
| 25-5093 | Hector Manuel Nunez-Cardenas v. United States | Fifth Circuit | 2025-07-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25A46 | CashCall, Inc., et al. v. Consumer Financial Protection Bureau | Ninth Circuit | 2025-07-11 | Presumed Complete | constitutional-rights consumer-lending equitable-remedy jury-trial legal-restitution seventh-amendment | Whether the Seventh Amendment requires a jury trial for legal restitution claims that exceed a defendant's net profits, notwithstanding the Ninth Circ… | |
| 25A49 | Karyn M. Kelley, Individually and as Trustee of The Karyn M. Kelley Revocable Trust Agreement of July 13, 2016 v. Mary Feeney, et al. | New Hampshire | 2025-07-11 | Presumed Complete | due-process fourteenth-amendment jury-trial probate-court subject-matter-jurisdiction title-dispute | Whether the Fourteenth Amendment's due process protections require a jury trial in state probate court proceedings involving title disputes when funda… | |
| 25-18 | Cirrus Design Corporation v. Great Western Air, LLC, dba Cirrus Aviation Services, LLC | Ninth Circuit | 2025-07-07 | Denied | Amici (1)Response Waived | circuit-split jury-trial lanham-act monetary-relief seventh-amendment trademark-infringement | Whether the Seventh Amendment jury-trial right applies in actions seeking monetary relief in the form of the infringer's profits |
| 25A16 | Thomas Bradley v. United States | Sixth Circuit | 2025-07-07 | Presumed Complete | armed-career-criminal-act constitutional-error harmless-error-review jury-trial sentencing-enhancement sixth-amendment | Whether a defendant's Sixth Amendment right to a jury trial is violated when a sentencing enhancement under the Armed Career Criminal Act is determine… | |
| 25-12 | Arrin Farrar, et ux. v. Textron Aviation, Inc., et al. | Kansas | 2025-07-03 | Denied | airworthiness circuit-split due-process general-aviation-revitalization-act jury-trial statutory-interpretation | Whether various State and Federal Courts have inconsistently applied the General Aviation Revitalization Act of 1994 by denying litigants a jury trial… | |
| 24-1320 | Centerline Logistics Corporation, et al. v. Inlandboatmen’s Union of the Pacific, et al. | California | 2025-06-27 | Denied | Response Waived | actual-malice anti-SLAPP defamation due-process first-amendment jury-trial | Whether the Supreme Court should overturn the actual malice standard from New York Times v. Sullivan and whether anti-SLAPP statutes violate the Seven… |
| 24-7486 | Bruce Stroud v. United States | Fifth Circuit | 2025-06-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-sentencing fact-finding fifth-amendment jury-trial restitution-order sixth-amendment | Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury… |
| 24-7432 | Eleazar Diaz-Balleza v. United States | Fifth Circuit | 2025-06-16 | Denied | Response WaivedIFP | criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 24A1227 | Victor Everette Silvers v. United States | Sixth Circuit | 2025-06-12 | Presumed Complete | beyond-reasonable-doubt criminal-jurisdiction judicial-notice jury-trial sixth-amendment special-maritime-jurisdiction | Whether a court may conclusively determine through judicial notice that the government has satisfied its burden to prove an essential jurisdictional e… | |
| 24A1216 | Kelechi Collins Umeh v. United States | First Circuit | 2025-06-10 | Presumed Complete | bank-fraud criminal-procedure guilty-plea jury-trial plea-colloquy structural-error | Whether the failure to inform a defendant of his right to a jury trial during a guilty plea colloquy constitutes structural error requiring automatic … | |
| 24-1243 | Tri-Corp Housing, Inc. v. Robert Bauman | Wisconsin | 2025-06-05 | Denied | Response Waived | actual-malice defamation jury-trial legal-standard public-figure wisconsin-supreme-court | When is a claimant an 'involuntary public figure' within the meaning of Gertz v. Robert Welch, Inc., and must the question of whether a party claiming… |
| 24-7354 | Seth Stewart v. City of American Fork, Utah | Utah | 2025-06-04 | Denied | Relisted (2)IFP | constitutional-interpretation constitutional-rights due-process judicial-precedent jury-trial stare-decisis | Whether stare decisis can be invoked to undermine constitutional guarantees when interpreting the Constitution |
| 24A1181 | Mark William Sain v. United States | Sixth Circuit | 2025-06-02 | Presumed Complete | armed-career-criminal-act double-jeopardy harmless-error jury-trial sixth-amendment structural-error | Whether a district court's failure to charge and have a jury find the 'occasions different' fact under the Armed Career Criminal Act constitutes struc… | |
| 24-1180 | Corrine Morgan Thomas, et al. v. Humboldt County, California, et al. | Ninth Circuit | 2025-05-19 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (3) | civil-rights common-law fourteenth-amendment incorporation-doctrine jury-trial seventh-amendment | Whether the Seventh Amendment right to a jury trial in suits at common law is incorporated against the States by the Fourteenth Amendment. |
| 24-7155 | John Fitzgerald Gayles v. Arizona | Arizona | 2025-05-07 | Denied | Response WaivedIFP | arizona-rules-of-evidence fraudulent-evidence jury-trial state-evidence testimonial-statements trial-court-discretion | Whether the trial court abused its discretion when it erroneously allowed the State of Arizona to admit testimonial state-ments and fraudulent evidenc… |
| 24-7145 | Jeffery Day Rieber v. John Q. Hamm, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2025-05-06 | Denied | IFP | capital-sentencing ineffective-assistance intent intoxication jury-trial sixth-amendment | Did trial counsel render ineffective assistance of counsel by failing to pursue a theory of lack of intent due to intoxication and by not developing m… |
| 24-1075 | Lecram Omari Sanders v. Virginia | Virginia | 2025-04-14 | Denied | Response Waived | after-discovered-evidence due-process fair-trial fourteenth-amendment jury-trial sixth-amendment | Whether the Supreme Court of Virginia erred in affirming the judgment of the Court of Appeals of Virginia, which denied the defendant's motion for a n… |
| 24-6968 | Willie Rodriquez Jones v. Texas | Texas | 2025-04-10 | Denied | IFP | due-process jury-trial professional-misconduct structural-error trial-counsel trial-jurisdiction | Whether the trial court lacked jurisdiction due to structural error when it failed to address professional misconduct of trial counsel before or durin… |
| 24-6799 | James Garfield Charles v. United States | Sixth Circuit | 2025-03-19 | Denied | Response WaivedIFP | conspiracy criminal-intent drug-trafficking evidence-tampering firearm-usage jury-trial | QP: Whether the government failed to prove a drug trafficking conspiracy and firearm usage in furtherance of the conspiracy |
| 24-6752 | Adonis Batista v. United States | Tenth Circuit | 2025-03-12 | Denied | Response WaivedIFP | due-process fifth-amendment jury-trial methamphetamine-quantity sentencing-guidelines sixth-amendment | Were Petitioner's Fifth Amendment due process rights and Sixth Amendment rights to jury trial violated when the jury found him accountable for less th… |
| 24-6710 | Robert Klein v. Brookhaven Health Care Facility, et al. | Second Circuit | 2025-03-06 | Denied | Response WaivedRelisted (2)IFP | civil-procedure due-process equal-protection jury-trial pro-se-litigant seventh-amendment | Whether the Seventh Amendment guarantees a pro se litigant's right to a jury trial in civil cases under federal law despite lower court rulings |
| 24-6684 | Andrew Rick Lopez v. Correctional Officer D. C. Thomas | Ninth Circuit | 2025-03-03 | Denied | IFP | administrative-exhaustion constitutional-rights due-process jury-trial prison-grievance summary-judgment | Whether lower courts deprive inmate plaintiffs of their right to jury trial by granting summary judgment for prison officials when prison officials mi… |
| 24-873 | Angela W. DeBose v. United States, et al. | Eleventh Circuit | 2025-02-14 | Denied | Response Waived | jury-trial preliminary-injunction rule-12b6 rule-65 temporary-restraining-order vexatious-litigant | Whether the rules of Rule 65 for preliminary injunctions or temporary restraining orders require a hearing and whether the preservation of an adverse … |
| 24-857 | Brian Estrada v. Jacob Smart | Tenth Circuit | 2025-02-11 | Denied | administrative-exhaustion civil-rights excessive-force jury-trial section-1983 seventh-amendment | Whether the Seventh Amendment's right to a trial by jury extends to issues of fact related to the exhaustion of administrative remedies | |
| 24-6520 | Lalako Jonathan Jose v. Arizona | Arizona | 2025-02-10 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony |
| 24-6488 | Jordy Ezequiel Ochoa, aka Jordy Ezequil Ochoa-Cordova v. Robert Luna, Sheriff, Los Angeles County, California, et al. | Ninth Circuit | 2025-02-06 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy habeas-corpus jury-trial mistrial probation-violation | Is it a violation of clearly established federal law under the Double Jeopardy clause to allow a court to declare a mistrial based on a hung jury, hol… |
| 24-6468 | Leonard W. Houston v. United States | Fourth Circuit | 2025-02-04 | Denied | IFP | camp-lejeune-justice-act constitutional-rights federal-civil-procedure jury-trial pro-se seventh-amendment | Whether the Plaintiff has a right to a jury trial under the Camp Lejeune Justice Act and the Seventh Amendment |
| 24A747 | Corrine Morgan Thomas, et al. v. County of Humboldt, California, et al. | Ninth Circuit | 2025-01-30 | Presumed Complete | civil-penalties due-process fourteenth-amendment incorporation jury-trial seventh-amendment | Whether the Fourteenth Amendment incorporates the Seventh Amendment's right to a jury trial against the states in civil proceedings involving substant… | |
| 24-6268 | Ramon Moreno-Cuevas v. Town Sports International, LLC, et al. | Third Circuit | 2025-01-13 | Denied | IFP | article-iii bankruptcy-court due-process jury-trial non-core-proceeding seventh-amendment | Whether a litigant in a non-core bankruptcy case loses Seventh Amendment rights to a jury trial by not objecting to a bankruptcy Plan, and whether suc… |
| 24-6235 | Joseph Furey Lusk v. United States | Eleventh Circuit | 2025-01-03 | Denied | Response WaivedIFP | constitutional-rights jury-trial predicate-offense proof-beyond-reasonable-doubt sentencing sex-offender-registration | Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant committed a felony offense involving an ac… |
| 24A665 | Pedro Ortiz Romero v. Puerto Rico Fiscal Agency and Financial Advisory Authority, et al. | First Circuit | 2025-01-03 | Presumed Complete | age-discrimination circuit-split constitutional-rights disparate-impact employment-act jury-trial | Whether the Age Discrimination in Employment Act permits disparate impact claims beyond the traditional protected class of employees aged 40 and over,… | |
| 24-706 | Andrew Thomas Cowhy v. Michigan | Michigan | 2025-01-02 | Denied | constitutional-law criminal-procedure judicial-precedent jury-trial sentencing sixth-amendment | Whether the Court should reexamine its holding in Oregon v. Ice regarding the Sixth Amendment jury requirement for consecutive sentencing | |
| 24A624 | Molly Vogt, as Trustee for the Heirs and Next of Kin of Joshua Vogt, Deceased v. CO Robert Anderson, et al. | Eighth Circuit | 2024-12-26 | Presumed Complete | adverse-inference civil-rights jury-trial section-1983 spoliation summary-judgment | Whether a district court may grant summary judgment after imposing an adverse-inference sanction for intentional spoliation of evidence, thereby effec… | |
| 24-654 | David Lesh v. United States | Tenth Circuit | 2024-12-17 | Denied | Amici (9)Response RequestedResponse WaivedRelisted (2) | article-iii constitutional-interpretation criminal-prosecution jury-trial petty-offense sixth-amendment | Whether the Constitution's dual guarantee of trial by jury contains an unstated exception for 'petty offenses' |
| 24-636 | Jessie J. Barnes v. Donald Uhler, Superintendent, Upstate Correctional Facility, et al. | Second Circuit | 2024-12-11 | Denied | Response Waived | civil-rights due-process fifth-amendment judicial-discretion jury-trial physical-restraints | Whether the Deck test allows a trial judge to require a litigant to wear physical restraints during a jury trial without stating specific case-related… |
| 24-6083 | Joshua Flores v. United States | Ninth Circuit | 2024-12-05 | Denied | Response WaivedIFP | article-iii constitutional-rights criminal-prosecution jury-trial misdemeanor sixth-amendment | Whether Article III and the Sixth Amendment guarantee a jury trial for petty misdemeanors |
| 24-6062 | Efe Clinton Osaghae v. Kansas | Kansas | 2024-12-04 | Denied | Response WaivedIFP | apprendi-precedent blakely-rule criminal-procedure jury-trial sentencing-enhancement sixth-amendment | Does Blakely v. Washington establish an 'unpled but admitted facts' exception to Apprendi v. New Jersey's Sixth Amendment interpretation regarding jur… |
| 24A541 | Laura Smith, as Duly Appointed Representative and Independent Administrator of the Estate of Andrea Manfredi, Deceased v. The Boeing Company, et al. | Seventh Circuit | 2024-12-04 | Presumed Complete | admiralty-jurisdiction death-on-high-seas-act federal-jurisdiction jury-trial maritime-law seventh-amendment | Whether federal admiralty jurisdiction under the Death on the High Seas Act (DOHSA) is concurrent or exclusive, and whether such jurisdiction preclude… | |
| 24-600 | Quiotis C., Jr. v. Nebraska | Nebraska | 2024-12-03 | Denied | Response WaivedRelisted (2) | batson-challenge constitutional-rights jury-trial juvenile-justice prosecutorial-discretion sixth-amendment | Whether juveniles are guaranteed a Sixth Amendment right to a jury trial in juvenile court proceedings when prosecutors can unilaterally deny such a r… |
| 24A508 | Steve Wynn v. The Associated Press, et al. | Nevada | 2024-11-22 | Presumed Complete | actual-malice anti-slapp defamation first-amendment jury-trial new-york-times-v-sullivan | Whether the First Amendment's actual malice standard under New York Times v. Sullivan improperly limits a public figure's right to a civil jury trial … | |
| 24-6016 | Santiago Parks Howard-Rios v. United States | Fifth Circuit | 2024-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum | Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a … |
| 24-6003 | Sydni Frazier v. United States | Fourth Circuit | 2024-11-20 | Denied | Response WaivedIFP | criminal-defendant first-degree-murder jury-trial predicate-offense sixth-amendment unanimous-verdict | Whether a criminal defendant's right to a jury trial under the Sixth Amendment is violated when the trial judge does not instruct the jury that it mus… |
| 24-558 | Jeremy Ray Morris, et ux. v. West Hayden Estates First Addition Homeowners Association, Inc. | Ninth Circuit | 2024-11-19 | Denied | fair-housing-act hostile-environment jury-trial religious-discrimination rule-50b seventh-amendment | Whether the 9th Circuit erred in overturning a jury verdict in a Fair Housing Act case involving religious discrimination by a homeowners' association | |
| 24-5968 | Brian Adkison v. Kelly Morriss, Acting Warden | Eighth Circuit | 2024-11-14 | Denied | Relisted (2)IFP | constitutional-rights criminal-procedure ineffective-assistance jury-trial plain-error strickland-standard | Whether the Strickland standard for ineffective assistance of counsel violates a defendant's right to a jury trial and requires clarification of preju… |
| 24-5862 | Ismael Hernandez-Hernandez v. United States | Fifth Circuit | 2024-10-31 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure indictment jury-trial prior-conviction statutory-maximum | Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and proven to a jury beyond a reasonable doubt |
| 24-459 | Gordon Alexander Clark v. Santander Bank, N.A. | Connecticut | 2024-10-23 | Denied | Relisted (2) | constitutional-rights due-process equal-protection jury-trial pro-se-litigation state-constitution | Whether the 7th, 5th, and 14th Amendments and Connecticut state constitutional provisions remain in effect for pro se litigants, specifically regardin… |
| 24A394 | Brian Estrada v. Jacob Smart | Tenth Circuit | 2024-10-23 | Presumed Complete | administrative-exhaustion jury-trial merits-of-claim prison-litigation-reform-act prisoner-rights procedural-exhaustion | Whether prisoners have a right to a jury trial concerning administrative exhaustion under the Prison Litigation Reform Act where disputed facts regard… | |
| 24A387 | Andrew Thomas Cowhy v. Michigan | Michigan | 2024-10-22 | Presumed Complete | alleyne-precedent criminal-sexual-conduct judicial-factfinding jury-trial sentencing-enhancement sixth-amendment | Whether judicial fact-finding that increases a criminal sentence beyond the concurrent sentencing guidelines violates the Sixth Amendment right to a j… | |
| 24-5784 | Samreen Riaz v. Superior Court of California, Tulare County, et al. | California | 2024-10-21 | Denied | Response WaivedIFP | constitutional-rights due-process judicial-bias jury-trial motion-to-vacate writ-of-mandate | Did the California Supreme Court and lower courts err in denying petitioner's writs and motions, potentially violating constitutional rights under the… |
| 24-5704 | Lori M. Moody v. Edward W. Horan | Florida | 2024-10-04 | Denied | IFP | absolute-privilege defamation-per-se due-process fourteenth-amendment jury-trial seventh-amendment | Does the Seventh Amendment right to a jury trial extend to a state court defamation per se action, and does absolute privilege protect a lawyer who fa… |
| 24-374 | Richard P. Homrighausen v. Ohio | Ohio | 2024-10-02 | Denied | constitutional-rights criminal-conviction due-process jury-trial logical-inconsistency verdict-review | Whether a criminal defendant is denied due process when convicted of two crimes where a guilty verdict on one count logically excludes a finding of gu… | |
| 24-358 | Faresha Sims v. University of Maryland Medical System Corporation, et al. | Fourth Circuit | 2024-10-01 | Denied | Response Waived | appellate-review civil-procedure federal-rules jury-trial seventh-amendment summary-judgment | Whether federal district courts have discretion to grant summary judgment when material facts are disputed or when grounds not raised by the movant ar… |
| 24-5684 | Raunel Garcia-Suarez v. United States | Fifth Circuit | 2024-10-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum | Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a … |
| 24-5647 | David Rashaun Hamil, Jr. v. Florida | Florida | 2024-09-26 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12 person jury when the defendant is charged w… |
| 24-323 | Thanquarious R. Calhoun v. Warden, Baldwin State Prison, et al. | Eleventh Circuit | 2024-09-20 | Denied | Response WaivedRelisted (2) | de-novo-review fifth-amendment habeas-corpus ineffective-assistance jury-trial sixth-amendment | Does a federal court's unconditional deference to a state supreme court's purported findings on an essential element of a crime violate a habeas petit… |
| 24-5594 | Seldrick Carpenter v. United States | Seventh Circuit | 2024-09-20 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | article-iii constitutional-rights criminal-procedure jury-trial sixth-amendment supervised-release | Whether the Sixth Amendment and Article III create a jury right for federal supervised release revocation proceedings when new crimes are alleged |
| 24A270 | David Lesh v. United States | Tenth Circuit | 2024-09-17 | Presumed Complete | blanton-precedent constitutional-right criminal-prosecution jury-trial petty-offense sixth-amendment | Whether the Sixth Amendment requires a jury trial for petty offenses carrying six months or less imprisonment | |
| 24-5431 | Jacob Valle v. Florida | Florida | 2024-08-30 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science unanimous-verdict | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 24A207 | ParkerVision, Inc. v. TCL Industries Holdings Co., et al. | Federal Circuit | 2024-08-27 | Presumed Complete | administrative-adjudication inter-partes-review jury-trial patent-validity public-rights seventh-amendment | Whether the Seventh Amendment requires patent validity challenges to be adjudicated by a jury rather than an administrative agency under the public ri… | |
| 24A208 | ParkerVision, Inc. v. TCL Industries Holdings Co., et al. | Federal Circuit | 2024-08-27 | Presumed Complete | administrative-adjudication inter-partes-review jury-trial patent-validity public-rights seventh-amendment | Whether the Seventh Amendment requires patent validity challenges to be adjudicated by a jury rather than an administrative agency under the public ri… | |
| 24-5342 | In Re Richard J. Ramsey | 2024-08-20 | Denied | Relisted (2)IFP | constitutional-rights court-martial due-process jury-trial sixth-amendment waiver-of-rights | Whether waiving jury trial is constitutional under the 6th Amendment when the amendment did not secure trial by jury as an absolute right | |
| 24-112 | Millia Promotional Services, et al. v. Arizona, Acting Through Arizona Department of Economic Security, Division of Employment and Rehabilitation Services | Ninth Circuit | 2024-08-01 | Denied | Response Waived | circumstantial-evidence civil-rights contract-rights contractual-rights discrimination federal-law jury-trial racial-discrimination section-1981 statutory-interpretation summary-judgment | Whether district courts may make factual and credibility determinations, weigh the evidence, and refuse to credit circumstantial evidence of discrimin… |
| 24-5160 | Duane Leo Ehmer, Darryl William Thorn, and Jake Ryan v. United States | Ninth Circuit | 2024-07-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure criminal-prosecution ex-parte jury-selection jury-trial petty-offenses presley-v-georgia sixth-amendment structural-error sua-sponte | Whether the district court's sua sponte, ex parte, and case-specific excusal of trial jurors for cause constituted reversible structural error? |
| 24A100 | Brennaris Marquis Johnson v. Washington | Washington | 2024-07-29 | Presumed Complete | aggravating-factors criminal-sentencing judicial-discretion jury-trial sentencing-guidelines sixth-amendment | Whether a judge's finding of 'substantial and compelling reasons' to impose a sentence above the statutory presumptive range violates a defendant's Si… | |
| 24-5167 | John Stancu v. Greg Abbott, Governor of Texas, et al. | Texas | 2024-07-29 | Denied | IFP | civil-rights constitutional-rights due-process jury-trial seventh-amendment sovereign-immunity standing state-power texas | Did the State of Texas Courts involved in this case wrongly denied Petitioner Stancu's Seventh Amendment right to the United States Constitution by ma… |
| 24A84 | Troy L. Fields v. Colorado | Colorado | 2024-07-26 | Presumed Complete | criminal-episodes habitual-offender jury-trial prior-convictions sentencing-enhancement sixth-amendment | Whether the Sixth Amendment requires a jury, rather than a judge, to determine whether a defendant's prior convictions arose from separate criminal ep… | |
| 24-5117 | Terrance Nathaniel Brown, Jr. v. United States | Fourth Circuit | 2024-07-19 | Denied | Response WaivedRelisted (2)IFP | 21-usc-841 acquitted-conduct due-process ineffective-assistance ineffective-assistance-of-counsel jury-trial sentencing-enhancement sentencing-guidelines statutory-interpretation statutory-sentencing | Whether counsel was ineffective for failing to argue that the statutory sentence be based on marijuana under 21 U.S.C. § 841(b)(1)(D) and that the sen… |
| 24A66 | Austin Kyle Lee v. United States | Fourth Circuit | 2024-07-19 | Presumed Complete | apprendi-error drug-felony harmless-error jury-trial sentencing-enhancement sixth-amendment | Whether an Alleyne or Apprendi error involving a sentencing enhancement should be reviewed under the harmless error standard of Neder or the more stri… | |
| 24-5113 | Steven Alexander Mantecon v. Florida | Florida | 2024-07-18 | Denied | IFP | constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury jury-trial sixth-amendment trial-procedure | Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense |
| 24A10 | Kieran Ravi Bhattacharya v. James B. Murray, Jr., in His Official Capacity as Rector of the Board of Visitors of the University of Virginia, et al. | Fourth Circuit | 2024-07-08 | Presumed Complete | due-process first-amendment free-speech jury-trial summary-judgment university-discipline | Whether a public university violates a medical student's First Amendment free speech rights by expelling him based on the content of his protected spe… | |
| 24-5009 | Samuel T. Whatley, et al. v. Wells Fargo Bank, N.A. | Fourth Circuit | 2024-07-03 | Denied | IFP | antitrust antitrust-violation civil-rights constitutional-rights due-process financial-fraud financial-services fraud judicial-oversight jury-trial | Question not identified |
| 23-7783 | Joseph James Conkling v. Kansas | Kansas | 2024-06-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi-precedent apprendi-rule blakely-rule blakely-v-washington criminal-sentencing fact-finding jury-determination jury-trial sentencing sixth-amendment unpled-facts | Does this Court's decision in Blakely v. Washington establish an 'unpled but admitted facts' exception to the rule set forth in Apprendi v. New Jersey… |
| 23-7788 | Francisco Valtierra-Zuniga v. United States | Fifth Circuit | 2024-06-24 | Denied | Response WaivedIFP | certiorari-petition constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-procedure jury-trial precedent precedent-overruling sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7778 | Davonte Williams-Dorsey v. United States | Second Circuit | 2024-06-21 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-due-process-jury-trial-evidence due-process duress-defense fifth-amendment judicial-precedent jury-trial sixth-amendment trial-procedure united-states-v-contento-pancho united-states-v-paul | Did the lower courts err in precluding petitioner's duress defense at trial? |
| 23-1324 | Thomas Perttu v. Kyle Brandon Richards | Sixth Circuit | 2024-06-20 | Judgment Issued | Amici (7) | administrative-exhaustion administrative-law civil-procedure exhaustion-of-remedies jury-trial merits-of-claim prison-litigation-reform-act prisoner-rights procedural-merits | prisoner-rights |
| 23-1328 | Yuval Golan v. Daily News, L.P., et al. | New York | 2024-06-20 | Denied | Response Waived | anti-slapp constitutional-rights defamation first-amendment jury-trial public-figure public-figures seventh-amendment | Is the New York anti-SLAPP statute unconstitutional? |
| 23-1303 | Craig Malin v. Lee Enterprises, Inc., et al. | Iowa | 2024-06-13 | Denied | actual-malice civil-rights defamation due-process first-amendment free-speech jury-trial publication-law summary-judgment | Does grant of summary judgment to Respondent Lee Enterprises conflict with requirements for a jury trial per Anderson v. Liberty Lobby, Inc., 477 U.S.… | |
| 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… |
| 23-7685 | Edwin K. Davis v. Florida | Florida | 2024-06-11 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment jury-trial ramos-v-louisiana sixth-amendment williams-v-florida | Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 23-7664 | Julian R. Ash v. United States District Court for the District of Maryland | Fourth Circuit | 2024-06-07 | Denied | Response WaivedIFP | 4th-circuit administrative-review agency-decision appellate-jurisdiction civil-procedure judicial-procedure jury-trial mandamus pending-motions remand | Question not identified. |
| 23-7646 | Rogaciano Demetrio-Jimenez v. United States | Fifth Circuit | 2024-06-05 | Denied | Response WaivedIFP | almendarez-torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7594 | Felipe Matias-Miguel v. United States | Fifth Circuit | 2024-05-30 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7588 | Ruben Mendezsales v. Florida | Florida | 2024-05-29 | Denied | IFP | 14th-amendment 6th-amendment constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial overrule sixth-amendment williams-v-florida | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7589 | Yuri I. Lee, aka Yuri Imuta v. U.S. Bank National Association, Successor Trustee to Bank of America, National Association, Successor in Interest to Lasalle Bank National Association | California | 2024-05-29 | Denied | Relisted (2)IFP | 7th-amendment civil-procedure common-law constitutional-rights due-process equity-value jury-trial scheiding-v-dinwiddie summary-judgment trial-by-jury | Whether the Seventh Amendment right to a trial by jury must be preserved in suits at common law where the equity value in controversy exceeds twenty d… |
| 23-7521 | Keith Lamar Rodgers v. Florida | Florida | 2024-05-21 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7504 | Sergio Antonio Hood v. United States | Eleventh Circuit | 2024-05-20 | GVR | IFP | 6th-amendment civil-rights due-process jury-trial reasonable-doubt sentencing | Whether the Sixth Amendment, other than the Negatively Absolute Prohibition, allows for any fact that increases a reasonable doubt to a power before a… |
| 23-7493 | Lisa Marie Perez, fka Lisa Marie Belyew v. Captain Duch, et al. | Ninth Circuit | 2024-05-17 | Dismissed | IFP | administrative-law civil-procedure civil-rights constitutional-provisions genuine-issues-of-fact judicial-review jury-trial legal-interpretation precedent standing statutory-construction summary-judgment | Whether summary judgment for the defendant was proper where genuine issues of material fact existed and a jury trial was warranted |
| 23-7503 | Christopher Michael Bullins Croce v. Florida | Florida | 2024-05-17 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony first-amendment fourteenth-amendment jury-trial sixth-amendment stalking-statute | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7472 | Torrie Chermaine Austin v. Florida | Florida | 2024-05-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7478 | Dylan Gregory Kerstetter v. United States | Fifth Circuit | 2024-05-14 | GVR | IFP | armed-career-criminal-act categorical-approach constitutional-indictment criminal-procedure due-process indictment jury-finding jury-trial prior-felony-conviction sentencing-enhancement statutory-interpretation | Whether the Constitution requires an indictment to allege, and a jury to find (or a defendant to admit), the extra facts necessary to impose an ACCA s… |
| 23-7458 | In Re Michael David Hower | 2024-05-13 | Dismissed | Response WaivedIFP | acquitted-charge acquitted-conduct criminal-procedure due-process evidentiary-hearing habeas-corpus jury-trial section-2255 sentencing sentencing-enhancement sixth-amendment | Did the courts below commit reversible error in denying petitioner's 2255 motion without an evidentiary hearing? | |
| 23-7423 | Glenn Francis v. Thomas Scarantino, Warden, et al. | Eleventh Circuit | 2024-05-08 | Denied | Response WaivedIFP | civil-rights immunity immunity-doctrine jury-trial probable-cause punitive-damages writ-of-certiorari wrongful-incarceration | Can you deny me a jury trial for civil rights violations and wrongful incarceration and punitive damages based only on immunity of defendants |
| 23-1196 | Christopher Ryan Martin v. Tom Lawson, Chief, Nevada Division of Parole and Probation, et al. | Ninth Circuit | 2024-05-07 | Denied | apprendi certificate-of-appealability constitutional-claim habeas-corpus jones judicial-enhancement jury-trial ninth-circuit prior-conviction prior-convictions | Whether Petitioner is entitled to a Certificate of Appealability (COA) | |
| 23-7366 | Carlos Enrique Navarro-Trevino v. United States | Fifth Circuit | 2024-05-02 | Denied | Response WaivedIFP | Almendarez-Torres appellate-procedure case-law constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7343 | Dalevonte D. Hearn v. Illinois | Illinois | 2024-04-30 | Denied | IFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process first-degree-murder ineffective-assistance-of-counsel jury-trial mistrial sentencing trial-rights | Can an American citizen be punished for exercising the right to a jury trial? |
| 23-7345 | James Joseph Bryant v. United States | Eleventh Circuit | 2024-04-30 | GVR | IFP | armed-career-criminal-act categorical-approach circuit-split criminal-procedure due-process judicial-interpretation jury-trial prior-convictions reasonable-doubt sentencing-enhancement | Whether the elements of a prior conviction can be determined using current judicial interpretations |
| 23-7307 | Silvano Marroquin-Bravo v. United States | Fifth Circuit | 2024-04-25 | Denied | Response WaivedIFP | case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7272 | Matthew Michael Albritton v. Florida | Florida | 2024-04-19 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7279 | Charles K. Wallace v. Louisiana | Fifth Circuit | 2024-04-19 | Dismissed | Response WaivedRelisted (2)IFP | authentication civil-procedure civil-rights constitutional-rights due-process federal-court-filings fraud habeas-corpus jury-trial standing subject-matter-jurisdiction | Is the U.S. Department of Justice under a duty to enforce accurate federal court filings therein federal district courts to comply with 18 U.S.C. §102… |
| 23-7244 | Clarence F. Stephenson v. Florida | Florida | 2024-04-17 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure criminal-trial fourteenth-amendment jury-composition jury-trial life-felony sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony? |
| 23-7245 | Dustin Jay Harpel v. Florida | Florida | 2024-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7246 | Harold Stewart v. Florida | Florida | 2024-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7248 | Hector Negron-Espada v. Florida | Florida | 2024-04-17 | Denied | IFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7239 | Bertrand Laidler, Jr. v. Florida | Florida | 2024-04-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment trial-by-jury | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7162 | James Hodge v. Florida | Florida | 2024-04-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7146 | Antonio Ochoa-Leyva v. United States | Fifth Circuit | 2024-04-05 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-7147 | Margarito Cruz-Ramirez v. United States | Fifth Circuit | 2024-04-05 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7143 | Armando Ordonez-Dominguez v. United States | Fifth Circuit | 2024-04-04 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-7124 | Naftali Dominguez Zenon v. Florida | Florida | 2024-04-02 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure eighth-amendment fourteenth-amendment jury-composition jury-trial life-felony life-without-parole sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony? |
| 23-7109 | Edgar Garcia-Heredia v. United States | Fifth Circuit | 2024-03-29 | Denied | Response WaivedIFP | Almendarez-Torres constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit judicial-procedure jury-trial precedent-overruling recidivism sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7094 | Tyshawn Shepard v. Ohio | Ohio | 2024-03-28 | Denied | IFP | administrative-agency administrative-extension criminal-sentencing due-process incarceration incarceration-findings jury-trial post-conviction sentencing sixth-amendment | Does the Sixth Amendment's guarantee of a right to trial by jury allow prison administrators to use their own post-conviction factual findings as the … |
| 23-7088 | Brian T. Hill v. Josie Gastelo, Warden | Ninth Circuit | 2024-03-27 | Denied | IFP | constitutional-right counsel due-process equal-protection jury-trial ninth-circuit parole parole-hearing quorum | Does a two-judge panel constitute a quorum? |
| 23-7050 | David Phillip Ryan v. Florida | Florida | 2024-03-21 | Denied | Response WaivedIFP | civil-procedure constitutional-interpretation criminal-procedure due-process fourteenth-amendment jury jury-composition jury-trial sixth-amendment standing | Whether the jury guaranteed by the Sixth and Fourteenth Amendments is a 12-person jury? |
| 23-7027 | John Stancu v. Hyatt Corporation/Hyatt Regency Dallas | Fifth Circuit | 2024-03-19 | Denied | IFP | civil-procedure constitutional-law constitutional-rights district-court due-process fifth-circuit jury-trial legal-procedure seventh-amendment standing | Did the district court and the 5th Circuit usurped the Seventh Amendment to the United States Constitution by wrongly denying Stancu's right to a jury… |
| 23-6983 | Christopher James Michelotti v. Austin Knudsen, Attorney General of Montana | Ninth Circuit | 2024-03-15 | Denied | Response WaivedIFP | 5th-amendment brady-v-maryland civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process ineffective-assistance jury-trial prejudicial-evidence sixth-amendment | Were Christopher Mh cheloth's 5th amendment constitutional rights violated? |
| 23-6999 | Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections | Fourth Circuit | 2024-03-15 | Denied | IFP | constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy | Is it permissible for counsel to unilaterally concede the actual charge act of the offense when guilt and punishment is the sole issue for the jury? |
| 23-6978 | Jose Salome Gallardo Granados v. United States | Fifth Circuit | 2024-03-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6963 | James Deon Bryant, Jr. v. Florida | Florida | 2024-03-12 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6966 | Alison Lee Gendreau v. United States | Ninth Circuit | 2024-03-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-restitution fifth-amendment grand-jury grand-jury-right jury-trial proof-beyond-reasonable-doubt reasonable-doubt restitution sixth-amendment | Whether the Fifth Amendment grand jury right and the Sixth Amendment right to jury trial on proof beyond a reasonable doubt apply to restitution in a … |
| 23-6968 | Raymond Vincent v. Florida | Florida | 2024-03-12 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6951 | Jesus Barron-Bautista v. United States | Fifth Circuit | 2024-03-11 | Denied | Response WaivedIFP | Almendarez-Torres criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-overruling sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6931 | Darrell Tillery v. Tim Hooper, Warden | Louisiana | 2024-03-08 | Denied | Response WaivedIFP | aggravated-rape constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial non-unanimous-jury sexual-battery sixth-amendment | Whether non-unanimous jury verdicts violate the Sixth and Fourteenth Amendments |
| 23-6936 | Jose Eulalio Aguillen-Servin v. United States | Fifth Circuit | 2024-03-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6937 | Mahmoud Almuhtaseb v. Florida | Florida | 2024-03-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6941 | Ricardo Fortino Martinez-Munoz v. United States | Fifth Circuit | 2024-03-08 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-interpretation due-process jury-trial legal-precedent prior-conviction prior-convictions sixth-amendment statutory-maximum | Can Almendarez-Torres be squared with the history undergirding the Sixth Amendment; and if not, should this Court overrule Almendarez-Torres? |
| 23-6925 | Sadat El-Amin v. Louisiana | Louisiana | 2024-03-07 | Denied | IFP | constitutional-rights criminal-procedure due-process equal-protection forcible-rape fourteenth-amendment jury-trial non-unanimous-jury sixth-amendment | Whether non-unanimous jury verdicts for felony convictions violate the Sixth and Fourteenth Amendments |
| 23-6912 | Samuel Fields v. Laura Plappert, Warden | Sixth Circuit | 2024-03-06 | Rehearing | Relisted (10)IFP | aedpa clearly-established-law constitutional-claim criminal-procedure due-process extrinsic-evidence habeas-corpus jury-experiment jury-trial verdict-standards | Whether a jury's consideration and reliance on extrinsic evidence as part of a jury experiment violates the clearly established federal law requiring … |
| 23-6901 | Joshua Lane Tansil v. Florida | Florida | 2024-03-05 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6886 | Paul Francisco Torres, III v. United States | Ninth Circuit | 2024-03-04 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process jury-trial jury-trials pandemic pandemic-restrictions sixth-amendment speedy-trial | Did prolonged jury-trial bans during the pandemic violate the Sixth Amendment's Speedy Trial Clause, especially as to those accused who were jailed du… |
| 23-6878 | Jose Luis Avalos-Sanchez v. United States | Fifth Circuit | 2024-03-01 | Denied | Response WaivedIFP | Almendarez-Torres court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6870 | Ariel Perez-Lainez v. United States | Fifth Circuit | 2024-02-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6849 | Juan Salazar-Grimaldo v. United States | Fifth Circuit | 2024-02-28 | Denied | Response WaivedIFP | constitutional-procedure criminal-indictment criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6768 | Vidal Garza-Morin v. United States | Fifth Circuit | 2024-02-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6722 | Jeffrey Holland v. United States | Third Circuit | 2024-02-12 | Denied | Response WaivedIFP | crack-cocaine criminal-sentencing due-process fair-trial first-step-act jury-trial sentence-enhancement sentencing-discretion sentencing-enhancements trial-transcript | Whether a district court can refuse to review intervening changes in facts that contradict and undermine presentence report findings used to apply a s… |
| 23-6723 | Brandon Keith Owensby v. Florida | Florida | 2024-02-12 | Denied | IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6714 | Ramon Umberto Cortez-Rodriguez, aka Ramon Humberto Cortez-Rodriguez v. United States | Fifth Circuit | 2024-02-09 | Denied | Response WaivedIFP | Almendarez-Torres certiorari-petition constitutional-interpretation criminal-procedure due-process fifth-circuit-appeal judicial-review jury-trial precedent-overruling sentencing Supreme-Court supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-858 | Merrilee Stewart v. Sentinel Insurance Company Ltd., et al. | Sixth Circuit | 2024-02-08 | Denied | Relisted (2) | civil-procedure civil-rights constitutional-rights corporate-fraud due-process fraud judicial-procedure jury-trial seventh-amendment standing | Does the dismissal of a case violate the Seventh Amendment when the judge decides issues reserved for a jury, grants favoritism to a corporation, and … |
| 23-831 | Constance Eileen Caswell v. Colorado | Colorado | 2024-02-02 | Denied | Amici (1)Relisted (2) | almendarez-torres apprendi-rule criminal-procedure due-process felony-enhancement jury-determination jury-trial misdemeanor-elevation prior-conviction sentencing sixth-amendment | Whether a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense that … |
| 23-6663 | Emmanuel Gil v. United States | Fifth Circuit | 2024-02-02 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6631 | Jeremy Dale Robinson v. United States | Eighth Circuit | 2024-01-31 | GVR | Relisted (2)IFP | armed-career-criminal-act constitutional-requirements due-process jury-trial prior-convictions proof-beyond-reasonable-doubt reasonable-doubt sentencing-enhancement | Whether the U.S. Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were 'committed o… |
| 23-6616 | Fan Yang v. United States | Eleventh Circuit | 2024-01-30 | Denied | Response WaivedIFP | complete-defense criminal-defendant criminal-defense criminal-procedure due-process evidence evidence-exclusion federal-rules-of-evidence jury-trial right-to-present-defense rule-403 | Whether a court may exclude evidence under Fed. R. Evid. 403, where doing so would preclude a criminal defendant from presenting a complete defense to… |
| 23-6622 | Miguel Jaimes-Luviano v. Florida | Florida | 2024-01-30 | Denied | IFP | constitutional-law constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony? |
| 23-6604 | Nicole Johnson v. Massachusetts Department of Children and Families | Massachusetts | 2024-01-29 | Denied | Response WaivedIFP | 7th-amendment best-interests child-custody due-process jury-trial massachusetts-rule-38 parental-rights sua-sponte termination termination-of-parental-rights | Whether the petitioner's right to due process and 7th amendment right and Massachusetts rule 38 Jury Trial of Right was violated |
| 23-6594 | Noemy Ramirez-Gomez v. United States | Fifth Circuit | 2024-01-26 | Denied | Response WaivedIFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6597 | Abraham Fagot Mejia v. Florida | Florida | 2024-01-26 | Denied | IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6558 | Freddie Quinn v. Florida | Florida | 2024-01-24 | Denied | IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 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 it a fair trial when the jury is clearly in a distressed situation during a long trial and they contradict themselves on finding guilty and not gui… |
| 23A665 | Tyshawn Shepard v. Ohio | Ohio | 2024-01-22 | Presumed Complete | constitutional-challenge criminal-sentencing factual-findings indeterminate-sentencing jury-trial sixth-amendment | Whether Ohio's indeterminate sentencing scheme violates the Sixth Amendment by permitting judicial factual findings that increase a defendant's impris… | |
| 23-776 | Jeffrey B. Israelitt v. Enterprise Services LLC | Fourth Circuit | 2024-01-17 | Denied | ada-retaliation americans-with-disabilities-act anti-retaliation-provision circuit-split civil-rights damages due-process federal-law jury-trial standing | Whether the Americans with Disabilities Act provides for damages (and therefore a trial by jury) in cases alleging that an employer has violated the A… | |
| 23-6484 | Miguel Angel Sanchez-Delgado v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6488 | Juan Garcia-Bertadillo v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 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 |
| 23-6458 | Mario Astudillo-Herrera v. United States | Fifth Circuit | 2024-01-11 | Denied | Response WaivedIFP | constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6418 | Harvey Holland v. United States | Third Circuit | 2024-01-05 | Denied | Response WaivedIFP | due-process fair-sentencing-act first-step-act jury-trial murder-cross-reference sentencing-discretion | Whether the district court ruled directly contrary to the Court's direction in Concepcion by finding that Petitioner was eligible for relief but refus… |
| 23-6410 | Pedro Pena-Talamantes v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6411 | Gilberto Salvador Cortez-Garcia v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6412 | Jose Eugenio Pavon-Rivera v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6402 | Vidal Orellana-Sibrian v. United States | Fifth Circuit | 2024-01-03 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6385 | Alfonso Garcia-Vela v. United States | Fifth Circuit | 2023-12-28 | Denied | Response WaivedIFP | almendarez-torres burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 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… |
| 23-6340 | Christopher Stowell v. United States | Eighth Circuit | 2023-12-22 | Denied | Relisted (2)IFP | armed-career-criminal-act constitutional-criminal-procedure due-process jury-trial occasions-clause prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | Whether the U.S. Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were 'committed o… |
| 23-6320 | Santiago Salazar-Ramirez v. United States | Fifth Circuit | 2023-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6307 | Veronica McCluskey v. William Hendricks, et al. | California | 2023-12-20 | Denied | Response WaivedIFP | civil-procedure cross-examination due-process fair-hearing jury-trial legal-conduct reversible-error standing trial-court witness-testimony | whether-the-trial-court-committed-reversible-error-in-not-granting-respondent-a-jury-trial |
| 23-6304 | Onterrious V. Tillman v. Florida | Florida | 2023-12-19 | Denied | Relisted (5)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6279 | Ismael Robles-Perez v. United States | Fifth Circuit | 2023-12-15 | Denied | Response WaivedIFP | Almendarez-Torres almendarez-torres-precedent constitutional-provisions criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6262 | Raymond Clyde Robideau v. Minnesota | Minnesota | 2023-12-14 | Denied | IFP | aggravating-factors constitutional-rights criminal-procedure double-jeopardy judicial-discretion jury-trial jury-trial-waiver remand state-remand waiver | Is a court required to obtain a renewed jury-trial waiver when the State amends its Aggravating Factor[s] after remand from State's Highest Court, and… |
| 23A547 | Eric Lavell Minter v. United States | Sixth Circuit | 2023-12-14 | Presumed Complete | abuse-of-discretion criminal-procedure fact-finding jury-trial sentencing-enhancement sixth-amendment | Whether a district court's fact-finding at sentencing that lacks explicit reasoning for selecting among competing inferences violates a defendant's Si… | |
| 23-6242 | Francisco Mora-Carrillo v. United States | Fifth Circuit | 2023-12-13 | Denied | Response WaivedIFP | almendarez-torres Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial precedent-overturning sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6252 | Juan Antonio Guerrero-Lazaro v. United States | Fifth Circuit | 2023-12-13 | Denied | Response WaivedIFP | case-law constitutional-interpretation criminal-procedure due-process judicial-procedure jury-trial legal-precedent precedent-overruling sentencing stare-decisis statutory-interpretation supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6240 | Jesus Salvador Gonzalez-Lunar v. United States | First Circuit | 2023-12-12 | Denied | Response WaivedIFP | constitutional-interpretation covered-vessel criminal-procedure due-process jurisdictional-determination jury-trial maritime-law proof-beyond-reasonable-doubt sentencing statutory-interpretation | Whether the Constitution requires a jury trial and proof beyond a reasonable doubt, or an adequate factual basis during a guilty plea, to find that a … |
| 23-6176 | Faustino Garcia-Sanchez, aka Miguel Garcia-Sanchez, aka Miguel Zamora-Sanchez v. United States | Fifth Circuit | 2023-12-06 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6081 | Jacobo Fuentes-Salgado v. United States | Fifth Circuit | 2023-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6049 | Jimmie Jerome Manning, Jr. v. Florida | Florida | 2023-11-17 | Denied | Relisted (8)IFP | constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment williams-v-florida | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23A447 | Constance Eileen Caswell v. Colorado | Colorado | 2023-11-17 | Presumed Complete | apprendi-rule elements-of-offense jury-trial prior-conviction sentencing-factors sixth-amendment | Whether the Sixth Amendment requires a jury to find beyond a reasonable doubt that a prior misdemeanor conviction can be used to elevate a subsequent … | |
| 23A442 | Jeffrey B. Israelitt v. Enterprise Services, LLC | Fourth Circuit | 2023-11-16 | Presumed Complete | ada-retaliation disability-accommodations employment-discrimination jury-trial monetary-damages statutory-interpretation | Whether monetary damages and jury trials are available to plaintiffs alleging employment retaliation under the Americans with Disabilities Act (ADA) | |
| 23-5980 | Edgar Arellano v. California | California | 2023-11-09 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial senate-bill-567 sentencing sentencing-disposition sixth-amendment | Whether the California courts were correct in stating that the petitioner's case was final, because the California Senate Bill 1393 resentencing dispo… |
| 23-5979 | Daniel Vargas-Hernandez v. United States | Fifth Circuit | 2023-11-08 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-trial prior-conviction prior-convictions sixth-amendment | Whether the prior-conviction exception to the Apprendi rule can be squared with the historical practices codified in the Sixth Amendment, and if not, … |
| 23-482 | Catherine Craig-Myers, Individually and as Personal Representative of the Estate of Robert Meyers, Deceased v. Otis Elevator Company, et al. | Florida | 2023-11-07 | Denied | civil-rights constitutional-rights due-process elevator-safety jury-trial osha osha-safety-laws preemption wrongful-death | Do Florida courts violate constitutional rights to jury trial and due process by refusing to admit evidence of culpable negligence violating preemptiv… | |
| 23-5965 | Cody Enrriquez v. Florida | Florida | 2023-11-07 | Denied | Relisted (9)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5968 | Richard Langston v. Connecticut | Connecticut | 2023-11-07 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fourteenth-amendment jury-acquittal jury-trial sentencing sixth-amendment | Whether the Sixth and Fourteenth Amendments to the Constitution of the United States prohibit a state court from basing a criminal defendant's sentenc… |
| 23-5936 | Hector Francisco Santos-Flores v. United States | Fifth Circuit | 2023-11-01 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23A396 | Robert E. Harrison v. United States | Eighth Circuit | 2023-11-01 | Presumed Complete | criminal-procedure due-process evidence-rule-404b jury-trial prior-conviction propensity-evidence | Whether the admission of a defendant's prior conviction under Federal Rule of Evidence 404(b) violates due process when the prosecution introduces the… | |
| 23-457 | Terrance Nelson Cates v. Zeltiq Aesthetics, Inc. | Eleventh Circuit | 2023-10-31 | Denied | Response WaivedRelisted (2) | appellate-review civil-procedure constitutional-rights federal-rules-of-civil-procedure jury-trial medical-evidence summary-judgment | Whether a circuit court must review evidence considered on a motion for reconsideration when reviewing a grant of summary judgment |
| 23-445 | Christy Williams v. American Honda Motor Company, Incorporated | Fifth Circuit | 2023-10-27 | Denied | 14th-amendment 7th-amendment civil-rights due-process expert-testimony fourteenth-amendment jury-trial product-liability seventh-amendment summary-judgment | Whether Petitioner has been deprived of the right of trial by jury as protected by the Seventh Amendment and Fourteenth Amendment | |
| 23-5880 | Jose Fernando Martinez-Hernandez v. United States | Fifth Circuit | 2023-10-25 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5794 | Joseph Aiken v. Florida | Florida | 2023-10-16 | Denied | Response RequestedResponse WaivedRelisted (9)IFP | 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5758 | Jimmy Jay Strayhorn, Jr. v. United States | Fourth Circuit | 2023-10-11 | Denied | Response WaivedIFP | 3553(a)-factors constitutional-review criminal-procedure due-process jury-trial pepper-v-united-states resentencing sentencing sentencing-modification statutory-interpretation unconstitutional | Whether a defendant is entitled to a resentencing hearing when a count in their indictment is later found unconstitutional |
| 23-5760 | Mattie T. Lomax v. United States | Federal Circuit | 2023-10-11 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof constitutional-rights criminal-investigation criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial legal-definition seventh-amendment | Whether the State violated the Due Process clause where without a jury trial incorrect legal definition of 'knowingly' relieved the state of its requi… |
| 23-370 | Paul Erlinger v. United States | Seventh Circuit | 2023-10-06 | Judgment Issued | Amici (4)Relisted (2) | armed-career-criminal-act constitutional-interpretation criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were 'committed on occ… |
| 23-5731 | Rebekah Panzlau v. Adams County Housing Authority, dba Maiker Housing Partners | Colorado | 2023-10-06 | Denied | IFP | civil-rights constitutional-rights due-process fair-trial judicial-bias jury-trial relocation-act seventh-amendment uniform-relocation-act | Did Ms. Panzlau receive a fair and unbiased trial free from even the appearance of Impropriety in her case? |
| 23-357 | Jacob Hilbert v. Missouri | Missouri | 2023-10-04 | Denied | Response Waived | constitutional-rights criminal-procedure defendant-rights due-process jury-trial jury-trial-waiver split-of-authority trial-court-discretion waiver | must a trial court obtain some personal acknowledgement from a criminal defendant that the defendant has waived the defendant's right to a jury trial … |
| 23-5687 | Isaac Brunson v. DeKalb County Schools | Eleventh Circuit | 2023-10-02 | Denied | Response WaivedIFP | age-discrimination civil-rights employment-discrimination federal-rules-of-civil-procedure jury-trial pro-se-litigation seventh-amendment summary-judgment | Will the Supreme Court continue to allow federal district and appellate courts to pervert the original intention of the summary judgement device and t… |
| 23-5692 | Jose Ramon Andino-Morales v. United States | First Circuit | 2023-10-02 | Denied | Response WaivedIFP | 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment jury-trial jury-trial-right sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-331 | James Doe v. Gladys Pisani, et al. | Second Circuit | 2023-09-29 | Denied | abuse-of-discretion disputed-facts interlocutory-appeal jury-trial material-facts probable-cause qualified-immunity summary-judgment | Whether the Court of Appeals erred in concluding that 'arguable probable cause' can support a claim for qualified-immunity,summary-judgment,interlocut… | |
| 23-5632 | Mario Rolando Cadenas v. United States | Fifth Circuit | 2023-09-21 | Denied | Response WaivedIFP | constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit-appeal judicial-precedent jury-trial precedent-overruling sentencing stare-decisis statutory-interpretation supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5614 | Ellison O. Jordan v. The Pennsylvania State University, et al. | Pennsylvania | 2023-09-19 | Denied | Relisted (2)IFP | civil-rights constitutional-rights due-process duty-of-care jury-trial negligence special-relationship standing student-athlete | Was the Petitioner's constitutional right to jury trial denied or violated? |
| 23-5606 | Samuel Valencia v. United States | Fifth Circuit | 2023-09-18 | GVR | Relisted (3)IFP | alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-interpretation fifth-amendment indictment jury-trial prior-convictions sentencing-enhancement sixth-amendment | Do the Fifth and Sixth Amendments require facts to prove a defendant's prior convictions were for offenses committed on 'occasions different from one … |
| 23-242 | Jonathan M. Martinez v. United States | Armed Forces | 2023-09-14 | Denied | Response RequestedResponse WaivedRelisted (2) | 6th-amendment constitutional-rights criminal-procedure due-process jury-trial jury-unanimity military-conviction military-justice sixth-amendment unanimous-verdict uniform-code-military-justice | Whether military convictions for serious offenses must be unanimous |
| 23-5579 | Fitzroy C. Morton v. Florida | Florida | 2023-09-14 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5564 | Trent Steven Griffin, Sr. v. United States District Court for the Northern District of Texas | Fifth Circuit | 2023-09-13 | Denied | IFP | abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process federal-rules federal-rules-of-civil-procedure judicial-discretion jury-trial motion-to-dismiss procedural-misconduct standing | Whether a judge had the power or authority to take certain actions in a civil rights case |
| 23-5567 | Carlos Gilbert Arellano-Ramirez v. Florida | Florida | 2023-09-13 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5570 | Scottie Andrea Jackson v. Florida | Florida | 2023-09-13 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5571 | Deon Jefferson Johnson v. Mike Brown, Warden | Sixth Circuit | 2023-09-13 | Denied | Response WaivedIFP | constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process fair-trial habeas-corpus habitual-offender jury-trial sentencing-guidelines | Whether the petitioner was denied his constitutional rights to a fair and impartial jury trial, due process of law, and to be free from cruel and unus… |
| 23-5575 | Andrew Sposato v. Florida | Florida | 2023-09-13 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5555 | Alfredo Garcia-Aleman v. United States | Fifth Circuit | 2023-09-12 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5540 | Michael Rinaldi v. United States | Third Circuit | 2023-09-07 | Denied | Response WaivedIFP | 6th-amendment acquitted-conduct criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial ratio-decidendi sentencing sixth-amendment | Whether the use of acquitted conduct sentencing violates the Due Process Clause and the Sixth Amendment right to a jury trial |
| 23-5517 | Kamar Laquan Cox v. United States | Sixth Circuit | 2023-09-05 | Denied | Response WaivedIFP | acquittal criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-5455 | John A. Crane v. Florida | Florida | 2023-08-28 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-defendant criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5457 | Deangelus Thomas v. United States | Sixth Circuit | 2023-08-28 | GVR | Relisted (3)IFP | armed-career-criminal-act burden-of-proof constitutional-fact-finding criminal-procedure due-process indictment jury-trial predicate-convictions sentencing sentencing-enhancement statutory-penalty | Whether the district court judge may find the uncharged, non-elemental fact that a person committed three prior offenses 'on occasions different from … |
| 23-5450 | Hermenegildo Garcia-Gutierrez v. United States | Fifth Circuit | 2023-08-25 | Denied | Response WaivedIFP | case-law constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5451 | Raul Omar Rios-Hernandez v. United States | Fifth Circuit | 2023-08-25 | Denied | Response WaivedIFP | constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process fifth-circuit-appeal judicial-precedent jury-trial precedent-overruling sentencing statutory-interpretation supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5434 | Lamar Victor Moncrieffe v. United States | Eleventh Circuit | 2023-08-24 | Denied | Response WaivedIFP | acquitted-conduct double-jeopardy fifth-amendment jury-determination jury-trial sentencing-enhancement sixth-amendment | Whether a district court violates a defendant's Fifth Amendment and Sixth Amendment rights by basing a substantial four-level sentencing enhancement o… |
| 23-5411 | Thomas DeMartino v. Roger Alderin, et al. | Oregon | 2023-08-22 | Denied | IFP | 2nd-amendment alarming-contact civil-damages civil-procedure civil-rights due-process jury-trial oregon-appellate-court reckless-driving stalking stalking-statute standing | Whether the Oregon Appellate court erred in denying separate alarming contacts of live gunfire within 100' of Plaintiff under Oregon's Stalking statut… |
| 23-5361 | Andrew Slabon v. Angelo R. Sanchez, et al. | Seventh Circuit | 2023-08-16 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-rights due-process free-speech jury-trial procedural-rules seventh-amendment standing state-action trial-by-jury | Whether the Seventh Amendment's fundamental right to a trial by jury is violated when meritorious complaints are dismissed based on monetary policies … |
| 23A135 | Richard Langston v. Connecticut | Connecticut | 2023-08-15 | Presumed Complete | acquitted-conduct-sentencing due-process fourteenth-amendment jury-trial sentencing sixth-amendment | Whether a state sentencing judge's explicit consideration of conduct for which a defendant was acquitted violates the defendant's rights under the Six… | |
| 23A110 | Taylor J. Matson v. United States | Ninth Circuit | 2023-08-08 | Presumed Complete | attempted-child-enticement circuit-split evidentiary-standards expert-testimony jury-trial law-enforcement-agents | Whether the scope of permissible expert testimony by law enforcement agents regarding the interpretation of evidence and communications is limited by … | |
| 23-5298 | Edgar Sandoval Catarino v. California | California | 2023-08-08 | Denied | Response WaivedIFP | criminal-procedure fourteenth-amendment jury-trial mandatory-minimum sentencing sixth-amendment | Do the Sixth and Fourteenth Amendments confer a right to a jury trial with respect to a fact that has the dual effect of (1) increasing the mandatory … |
| 23-5261 | Everado Joe Flores-Salcido v. United States | Fifth Circuit | 2023-08-01 | Denied | Response WaivedIFP | almendarez-torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5264 | Julio Cesar De La Rosa-De La Cerda v. United States | Fifth Circuit | 2023-08-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-92 | James Edwin Hoganson v. Colorado | Colorado | 2023-08-01 | Denied | aggravating-circumstances apprendi-v-new-jersey blakely-v-washington constitutional-rights criminal-sentencing due-process jury-determination jury-trial reasonable-doubt sixth-amendment | Whether the Sixth Amendment requires the existence of 'extraordinary aggravating circumstances' to be submitted to the jury and found beyond a reasona… | |
| 23-5245 | Juan Leonardo Aparicio-Martinez v. United States | Fifth Circuit | 2023-07-31 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5229 | Rodolfo Hernandez Roman v. United States | Fifth Circuit | 2023-07-27 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5210 | Andres Zapata-Reyes v. United States | Fifth Circuit | 2023-07-26 | Denied | Response WaivedIFP | case-law certiorari constitutional-interpretation criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5192 | Phiet The Doan v. California | California | 2023-07-25 | Denied | Response WaivedIFP | due-process equal-protection excessive-fine fourteenth-amendment jury-trial restitution sixth-amendment victim-restitution | Did Mr. Doan have a Sixth and Fourteenth Amendment right to a jury trial on whether he owed almost $64,000 in victim restitution? |
| 23-5181 | Rudy Alexander Ventura-Recinos v. United States | Fifth Circuit | 2023-07-24 | Denied | Response WaivedIFP | Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-standard sentencing Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5173 | Jose Luis Guzman v. Florida | Florida | 2023-07-21 | Denied | Response RequestedResponse WaivedRelisted (18)IFP | constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5140 | Ralph Castillo v. Richard Martinez, Warden, et al. | New Mexico | 2023-07-19 | Denied | IFP | aggravating-circumstances criminal-rights due-process jury-determination jury-trial plea-agreement plea-bargaining sentencing-enhancement sentencing-procedure sixth-amendment | Was it proper for the state to intentionally mislead the court |
| 23-5141 | Alejandro Holguin v. United States | Fifth Circuit | 2023-07-19 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5079 | Genaro Perchez-Hernandez v. United States | Fifth Circuit | 2023-07-13 | Denied | Response WaivedIFP | case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5096 | Kim Davis v. Gene R. Mariano, et al. | Third Circuit | 2023-07-13 | Denied | Response WaivedIFP | amendment-violation civil-procedure civil-rights constitutional-rights due-process equal-protection jury-trial property-rights v-amendment | Whether Petitioner was deprived of her V Amendment due process right to property? |
| 23-5081 | Ronnie R. Lovell v. United States | Sixth Circuit | 2023-07-12 | Denied | Response WaivedIFP | armed-career-criminal-act burden-of-proof criminal-procedure fifth-amendment jury-trial preponderance-of-evidence sentencing-enhancement sixth-amendment | Can a district court judge determine that an individual's prior offenses occurred 'on occasions different,' as required by the Armed Career Criminal A… |
| 23-5085 | Andre Rene Williams v. United States | Fifth Circuit | 2023-07-12 | Denied | Response WaivedIFP | acca constitutional-rights due-process fifth-amendment jury-trial non-elemental-facts preponderance-standard sentencing sentencing-enhancement sixth-amendment sixth-amendment-jury-trial | Whether the Constitution permits a sentencing judge to find non-elemental facts by a preponderance of the evidence and then rely on those facts to imp… |
| 23-5062 | Alfredo Martinez-Rubio v. United States | Fifth Circuit | 2023-07-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5058 | Gabriel Simental-Murillo v. United States | Fifth Circuit | 2023-07-07 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5035 | Miguel Lux-Tum v. United States | Fifth Circuit | 2023-07-05 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial legal-doctrine precedent-overruling sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5027 | Gabriel Gonzalez Perez v. United States | Fifth Circuit | 2023-07-03 | Denied | Response WaivedIFP | case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7852 | Juan Victor Quezada-Lara v. United States | Fifth Circuit | 2023-06-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7882 | Sergio Delgado-Perez v. United States | Fifth Circuit | 2023-06-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7863 | Osvaldo Castelan-Saucedo v. United States | Fifth Circuit | 2023-06-26 | Denied | Response WaivedIFP | Almendarez-Torres case-precedent court-of-appeals criminal-procedure due-process fifth-circuit jury-trial legal-review sentencing Sixth-Amendment supreme-court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7854 | Edgar Ivan Armenta-Lopez v. United States | Fifth Circuit | 2023-06-23 | Denied | Response WaivedIFP | Almendarez-Torres case-law-review certiorari constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial legal-overruling sentencing Supreme-Court supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-1217 | Akiel McKnight v. Pickens Police Department, et al. | Fourth Circuit | 2023-06-16 | Denied | Response RequestedRelisted (2) | bostock-decision civil-rights due-process employment-discrimination jury-trial seventh-amendment sexual-orientation title-vii | Whether the Petitioner has a claim under Title VII for termination based on sexual orientation |
| 22-7772 | Stanley Jackson, III v. United States | Sixth Circuit | 2023-06-13 | Denied | Response WaivedIFP | armed-career-criminal-act constitutional-rights criminal-sentencing due-process jury-factfinding jury-trial prior-convictions sentencing sixth-amendment | Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find a defendant's prior convictions were 'committ… |
| 22-7775 | David Elijah Smith v. United States | Fourth Circuit | 2023-06-13 | Denied | Response WaivedIFP | appeals civil-rights constitutional-law court-of-appeals criminal-procedure due-process fifth-amendment jury-trial procedural-requirements sentencing statutory-interpretation | Whether the Fourth Circuit Court of Appeals violated the Sixth Amendment of the U.S. Constitution |
| 22-1195 | Phillip Robinson v. United States | Seventh Circuit | 2023-06-09 | Denied | Response Waived | acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-7673 | James Michael Wells v. United States | Ninth Circuit | 2023-05-31 | Denied | Response WaivedIFP | anonymous-jury apprendi-rights criminal-procedure due-process jury-selection jury-trial public-trial restitution-order sixth-amendment | Whether a criminal defendant has a Sixth Amendment right to a public jury |
| 22-7647 | Nicasio Nevarez-Zamudio v. United States | Fifth Circuit | 2023-05-26 | Denied | Response WaivedIFP | appellate-procedure case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial precedent sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7634 | Alan Headman v. Camille Headman, aka Camille Bromley | Utah | 2023-05-25 | Denied | Response WaivedRelisted (3)IFP | 13th-amendment alimony alimony-servitude civil-rights court-coercion due-process involuntary-servitude jury-trial pre-nuptial-agreement thirteenth-amendment | Whether the Supreme Court should order the use of a 'Headman Deference' doctrine for alimony-related servitude |
| 22-7636 | Jose Luis Manriquez-Gutierrez v. United States | Fifth Circuit | 2023-05-25 | Denied | Response WaivedIFP | case-law constitutional-law criminal-law due-process fifth-circuit judicial-precedent jury-trial precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7642 | Julio Angel Torrez, Jr. v. California | California | 2023-05-25 | Denied | Relisted (3)IFP | doyle-v-ohio due-process estelle-v-mcguire evidence-admission fair-trial fifth-amendment fourteenth-amendment jury-trial people-v-medina right-to-silence sixth-amendment | Whether the rule of Doyle v. Ohio applies to private conversations and selective silence |
| 22-7617 | David Anthony Battle v. United States | Ninth Circuit | 2023-05-23 | Denied | Response WaivedIFP | barker-factors constitutional-rights covid-19 covid-19-delay dismissal-with-prejudice due-process jury-trial pretrial-incarceration sixth-amendment speedy-trial | Whether the district court failed to make proper ends of justice findings to justify a sixteen month delay in the trial |
| 22-7479 | Mario Rodolfo Chairez-Avila v. United States | Fifth Circuit | 2023-05-08 | Denied | IFP | Apprendi-v-New-Jersey case-law certiorari constitutional-interpretation criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7485 | Daniel Isaiah Thody v. United States | Sixth Circuit | 2023-05-08 | Denied | Response WaivedIFP | civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release united-states-v-haymond | Whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a 'separate sentence' in addition to the 'sentence of imprisonment', i… |
| 22-7460 | Carlos Darnell Dixon v. Tennessee | Tennessee | 2023-05-04 | Denied | IFP | 2nd-amendment civil-rights constitutional-rights criminal-procedure criminal-trial due-process evidence firearm-possession jury-inference jury-trial second-amendment | To what extent may the State violate a citizen's right to bear arms as secured by the Second Amendment to the United States Constitution against him/h… |
| 22-7420 | Jose Angel Morquecho-Sanchez v. United States | Fifth Circuit | 2023-05-01 | Denied | IFP | case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7423 | Gilberto Marquez-Calzadilla v. United States | Fifth Circuit | 2023-05-01 | Denied | IFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7400 | Maurice Morrison v. Massachusetts | Massachusetts | 2023-04-28 | Denied | Response WaivedIFP | confrontation-clause confrontation-rights criminal-procedure due-process evidence fourteenth-amendment judicial-protection jury-deliberations jury-trial sixth-amendment trial-evidence | Whether a juror's communication to the jury during deliberations of highly prejudicial specialized factual information that was based on his professio… |
| 22-7373 | Victor M. Miranda-Guerrero v. California | California | 2023-04-26 | Denied | IFP | aggravating-circumstances apprendi-v-new-jersey constitutional-rights criminal-procedure death-penalty due-process jury-determination jury-trial mitigating-circumstances sentencing sentencing-procedure | Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute violate the Fifth, Sixth and Fourte… |
| 22-7377 | Jose Isabel Mora-Rodriguez v. United States | Fifth Circuit | 2023-04-26 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-1030 | Gary Lewis v. United Automobile Insurance Company, et al. | Ninth Circuit | 2023-04-24 | Denied | Response Waived | civil-rights constitutional-rights due-process federalism insurance-law insurance-regulation judicial-procedure jury-trial rule-of-law | Whether the constitutional right to a jury trial can be usurped by the trial court and appellate court interfering with the jury's fact finding role |
| 22-7319 | Jose Manuel Salazar-Hernandez v. United States | Fifth Circuit | 2023-04-19 | Denied | IFP | case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7285 | Susan Lloyd v. Thomas Pokorny, et al. | Sixth Circuit | 2023-04-14 | Denied | Response WaivedIFP | 6th-circuit civil-rights due-process judicial-immunity judicial-misconduct jury-trial sanctions standing trial-procedure | Are the orders from the 6th Circuit void, should Lloyd's motion for reconsideration be denied? |
| 22-7257 | Santos Cuevas v. Tina Kotek, Governor of Oregon, et al. | Ninth Circuit | 2023-04-12 | Denied | IFP | constitutional-review double-jeopardy due-process federal-law judicial-discretion jury-trial sentence-enhancement sentencing sixth-amendment | Has Oregon's Judiciary and legislature failed to incorporate landmark cases relevant for how and when to enhance a sentence, and to comport with the r… |
| 22-7259 | Jose Manuel Cejudo-Mancinas v. United States | Fifth Circuit | 2023-04-12 | Denied | IFP | case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7239 | Edward Knight v. United States | Ninth Circuit | 2023-04-07 | Denied | Response WaivedIFP | crime-of-violence criminal-procedure due-process felony hobbs-act in-person jury-trial public-trial sixth-amendment structural-error | Whether allowing a seated juror to appear virtually via Zoom in a federal felony trial is structural error violating the Fifth and Sixth Amendment rig… |
| 22-7233 | Justin Heath Thomas v. California | California | 2023-04-06 | Denied | IFP | apprendi-v-new-jersey capital-punishment constitutional-requirement criminal-sentencing death-penalty due-process jury-finding jury-trial reasonable-doubt ring-v-arizona statutory-maximum | Whether California's death penalty scheme violates the constitutional requirement that any fact, other than a prior conviction, that serves to increas… |
| 22-7220 | Geronimo Juarez-Medellin v. United States | Fifth Circuit | 2023-04-05 | Denied | IFP | appellate-procedure Apprendi-v-New-Jersey certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent jury-trial recidivism sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7205 | Miguel Valdivia-Gonzalez v. United States | Fifth Circuit | 2023-04-04 | Denied | IFP | case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7209 | Dylan Brando Ervey Macias-Torres v. United States | Fifth Circuit | 2023-04-04 | Denied | IFP | case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7179 | Andres Ajualip-Pablo v. United States | Fifth Circuit | 2023-04-03 | Denied | IFP | case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7183 | Manuel Camilo Ordonez-Mendoza v. United States | Fifth Circuit | 2023-04-03 | Denied | IFP | case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7184 | Darrell Kelly Middlekauff v. Sue Washburn, Superintendent, Eastern Oregon Correctional Institution | Oregon | 2023-04-03 | Denied | Response WaivedIFP | capital-sentencing death-penalty fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver post-conviction-relief sixth-amendment | Is trial counsel ineffective for failing to advise client of death penalty factors prior to waiving jury? |
| 22-947 | Tyler G. Williams v. United States | Sixth Circuit | 2023-03-29 | Denied | Response Waived | armed-career-criminal-act constitutional-requirements criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find that a defendant's prior convictions were 'co… |
| 22-7133 | Ryan Stancu v. Southern Methodist University | Texas | 2023-03-28 | Denied | Response WaivedIFP | breach-of-contract civil-procedure constitutional-provisions discovery discovery-rights due-process jury-trial seventh-amendment | Did the lower courts and the Supreme Court of Texas usurped the Seventh Amendment to the United States Constitution by wrongly denying Stancu's right … |
| 22-7051 | William Todd Lewallen v. Scott Crow | Tenth Circuit | 2023-03-21 | Denied | IFP | constitutional-rights criminal-procedure defendant-testimony due-process evidence jury-trial right-to-testify rock-v-arkansas sentencing sentencing-procedure state-evidence-law | Whether the Oklahoma Court of Criminal Appeals' rule that deems the accused's version of events irrelevant as a matter of law during sentencing procee… |
| 22-7016 | Guadalupe Onate-Herrera v. United States | Fifth Circuit | 2023-03-15 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7009 | Davion Smith v. California | California | 2023-03-14 | Denied | Response WaivedIFP | adult-sentence criminal-procedure due-process fourteenth-amendment jury-trial juvenile-adjudication juvenile-delinquent sentencing-enhancement sixth-amendment | Does a state violate the Due Process Clause of the Fourteenth Amendment when it denies the right to a jury trial to a juvenile delinquent on the groun… |
| 22-6983 | Bernardino Berrun-Torres v. United States | Fifth Circuit | 2023-03-10 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6986 | Paulo Bernal-Ceto v. United States | Fifth Circuit | 2023-03-10 | Denied | IFP | case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6930 | Robert Earl Hackney v. Michigan | Michigan | 2023-03-06 | Denied | Relisted (2)IFP | constitutional-violation criminal-procedure cruel-and-unusual-punishment due-process judicial-ethics judicial-misconduct jury-trial standing writ-of-certiorari | Whether a petitioner can pass through the Court's Writ of Certiorari gateway and argue the merits of an underlying constitutional claim when the petit… |
| 22-6940 | Leon Little v. United States | Third Circuit | 2023-03-06 | Denied | Response WaivedRelisted (9)IFP | criminal-sentencing due-process fifth-amendment jury-trial preponderance-of-evidence sixth-amendment uncharged-conduct | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentencing on uncharged conduct |
| 22-6873 | Jesus Ivan Dominguez v. United States | Fifth Circuit | 2023-02-27 | Denied | IFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6826 | Marcos Juan Martin-Andres v. United States | Fifth Circuit | 2023-02-21 | Denied | IFP | case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-review recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6813 | Joshua Glowacki v. United States | Sixth Circuit | 2023-02-17 | Denied | Response WaivedIFP | child-pornography criminal-procedure due-process jury-determination jury-trial probable-cause restitution restitution-order search-warrant sentencing victim-rights | Does the defendant in a criminal case have the right to have a jury determine facts to support a restitution order? |
| 22-6815 | David E. Merry v. United States | Eleventh Circuit | 2023-02-17 | Denied | Relisted (7)IFP | acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing (enhancing) a criminal defendant's sentence on conduct for which a jury ha… |
| 22-6817 | Carline Curry v. City of Mansfield, Ohio, et al. | Sixth Circuit | 2023-02-17 | Denied | Response WaivedIFP | civil-rights civil-rights-violation due-process employment-discrimination jury-trial jury-trial-denial retaliation statutory-interpretation summary-judgment | Why wasn't plaintiff Curry given an opportunity to become a plant Operator? |
| 22-6808 | Erich Deolax Riker v. United States | Tenth Circuit | 2023-02-16 | Denied | Response WaivedIFP | criminal-procedure due-process fact-finding federal-sentencing jury-finding jury-trial sentencing sentencing-guidelines substantive-reasonableness | Whether a factual finding that is necessary to render a federal sentence substantively reasonable must be found by a jury beyond a reasonable doubt |
| 22-771 | Renè Joseph Foley Bey, et ux. v. Steve Prator, Sheriff, Caddo Parish, Louisiana, et al. | Fifth Circuit | 2023-02-16 | Denied | 7th-amendment civil-procedure civil-rights common-law constitution damages due-process jury-trial legal-rights | Does the Constitution guarantee the right to a jury trial in suits at common law exceeding $20? | |
| 22-6736 | Justin D. Martin v. United States | Sixth Circuit | 2023-02-09 | Denied | Relisted (8)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-750 | Nathan D. Crisp v. Georgia, et al. | Eleventh Circuit | 2023-02-09 | Denied | Response Waived | criminal-procedure due-process first-offender forgery jury-trial perjury void-judgment | Can the State of Georgia use a perjury and forgery guilty plea and perjury First Offender to bypass Petitioner Sgt. Crisp's jury trial and due process… |
| 22-6716 | Conrado Olivo-Duron v. United States | Fifth Circuit | 2023-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6721 | Jeffery T. Crystal v. Florida | Florida | 2023-02-07 | Denied | IFP | constitutional-rights criminal-charges criminal-procedure double-jeopardy due-process ex-post-facto jury-determination jury-trial sixth-amendment supremacy-clause trial-procedure verdict-form | Did the verdict form agreed upon by the jury failure to specify 'GUILTY' as to Count 1 violate 6th Amendment right to a jury determination of Guilt? |
| 22-6708 | Arturo Villalobos-Franco v. United States | Fifth Circuit | 2023-02-06 | Denied | Response WaivedIFP | case-review constitutional-law criminal-law due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6682 | Ricky Douglas Haynes, Jr. v. United States | Eleventh Circuit | 2023-02-01 | Denied | Response WaivedIFP | armed-career-criminal-act criminal-occasions due-process jury-trial mandatory-minimum non-elemental-facts sentencing sentencing-enhancement statutory-interpretation violent-felony | Whether a sentencing judge may rely on non-elemental facts to impose a mandatory-minimum under ACCA |
| 22-6566 | Rodney R. Ellis v. Florida | Florida | 2023-01-18 | Denied | Response WaivedIFP | apprendi-doctrine apprendi-v-new-jersey criminal-procedure jury-clause jury-trial prior-record-exception sentencing sentencing-enhancement sixth-amendment | Whether a sentencing court violates the Sixth Amendment's Jury Clause when the sentencing court—rather than the jury—finds that the defendant committe… |
| 22-6447 | In Re David A. Avery | 2023-01-04 | Denied | Response WaivedIFP | arbitrariness civil-procedure civil-rights constitutional-rights due-process federal-rules-of-civil-procedure judicial-discretion jury-trial state-constitution state-rules-of-civil-procedure trial-by-jury | Whether the petitioner is entitled to the provisions set forth in the Bill of Rights, the Federal Rules of Civil Procedure, the Tennessee Constitution… | |
| 22-6450 | Dedrevionus C. Williams v. Florida | Florida | 2023-01-04 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure due-process judicial-fact-finding jury-trial preponderance-standard sentencing sentencing-enhancement statutory-interpretation | Does Florida's Statute §775.082(9) Prison Releasee Reoffender sentence violate a defendant's U.S. Constitutional rights per this Court's holdings in A… |
| 22-6460 | Davonte DeJean v. United States | Fifth Circuit | 2023-01-04 | Denied | Response WaivedRelisted (2)IFP | 6th-amendment constitutional-rights court-responsibility criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-trial right-to-jury-trial sentencing sixth-amendment | Was counsel ineffective for not enforcing the 6th Amendment right to a jury trial in the sentencing proceeding and is the court also responsible? |
| 22-6413 | Rajul Ruhbayan v. Rebecca Beach Smith, Judge, United States District Court for the Eastern District of Virginia, et al. | Fourth Circuit | 2022-12-30 | Denied | Response WaivedIFP | christopher-v-harbury civil-rights constitutional-rights due-process fifth-amendment fourth-circuit jury-trial sentencing-finality sixth-amendment supervisory-powers | Whether the Fourth Circuit Court of Appeals and four Defendant judges' ongoing 17 years' cover up or violations of Petitioner's prospective denial of … |
| 22-6412 | Nicholas Conlan v. Costco Wholesale Corporation | Ninth Circuit | 2022-12-29 | Denied | Response WaivedIFP | americans-with-disabilities-act disability-accommodation employment-discrimination interactive-process jury-trial pretext reasonable-accommodation service-animal service-dog workplace-accommodation | Did Costco violate the Americans with Disabilities Amendment Act by terminating the interactive process with ambiguities they had and not directly eng… |
| 22-6394 | Van Raymond Brollini v. United States | Ninth Circuit | 2022-12-27 | Denied | Response WaivedIFP | appellate-review conflicting-evidence credibility-of-witnesses evidence-preclusion harmless-error jury-trial sixth-amendment sixth-amendment-jury-trial tax-prosecution willfulness | Whether the Ninth Circuit's harmless-error analysis is consistent with Supreme Court precedent |
| 22-6372 | Jose Felipe Cardenas-Ramirez v. United States | Fifth Circuit | 2022-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-557 | Peter Kleidman v. RFF Family Partnership, LP | California | 2022-12-19 | Denied | attorney-fees civil-procedure contract-law contractual-claims due-process equal-protection fourteenth-amendment jury-trial summary-adjudication | Does California's legal framework for adjudicating prevailing parties' claims for contractual attorney's fees violate the Fourteenth Amendment's Equal… | |
| 22-6329 | Phosavan Khamnivong v. United States | Ninth Circuit | 2022-12-19 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment bodily-injury due-process fifth-amendment firearm-enhancement jury-trial reasonable-doubt sentencing sentencing-guidelines sixth-amendment | Whether the Sixth Amendment is violated when courts impose sentences that, but for a judge-found fact, would be reversed for substantive unreasonablen… |
| 22-6309 | Uriel Mora-Mendez v. United States | Fifth Circuit | 2022-12-15 | Denied | Response WaivedIFP | case-jurisdiction constitutional-law constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6302 | Selvin Omar Canales v. United States | Fifth Circuit | 2022-12-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6261 | Damar D. Ruffin v. United States | Sixth Circuit | 2022-12-08 | Denied | Response WaivedIFP | criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum | Whether a special verdict is required to have confidence that the jury has made the finding of drug quantity that allows a sentence beyond the default… |
| 22-6244 | LeeAnn Morgan v. Regents of the University of California, et al. | California | 2022-12-07 | Denied | Response WaivedIFP | 7th-amendment civil-procedure civil-rights fraud-concealment jury-trial medical-battery private-party seventh-amendment state-funded-medical-institution writ-of-error-coram-nobis | Does the 7th Amendment provide for a jury trial in civil private matters between a private party and a state-funded medical institution? |
| 22-6247 | Denis Amilcar Munguia-Portales v. United States | Fifth Circuit | 2022-12-07 | Denied | Response WaivedIFP | case-precedent constitutional-law criminal-law due-process fifth-circuit judicial-review jury-trial legal-challenge precedent sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6193 | Marie Assa'ad-Faltas v. South Carolina | South Carolina | 2022-12-01 | Denied | Response WaivedRelisted (2)IFP | 8th-amendment civil-rights constitutional-rights contempt-power contempt-powers due-process eighth-amendment judicial-discretion jury-trial prison-overcrowding | Whether incarceration for up to six months for alleged indirect contempt without trial by jury is always per se cruel and unusual |
| 22-6180 | Alvaro Noe Mendoza-Valencia v. Oregon | Oregon | 2022-11-30 | Denied | Response WaivedIFP | attorney-client-relationship criminal-trial due-process effective-assistance-of-counsel ineffective-assistance jury-trial right-to-counsel sixth-amendment substitution-counsel | Can a state trial court deny a criminal defendant's request for substitution counsel without any reasonable inquiry into trial counsel's performance, … |
| 22-6088 | Tupoutoe Mataele v. California | California | 2022-11-17 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment 8th-amendment aggravating-circumstances constitutional-requirements criminal-sentencing death-penalty jury-finding jury-trial reasonable-doubt | Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m… |
| 22-6066 | Brent Stephens v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-11-16 | Denied | IFP | 28-usc-2244 28-usc-2254 appeal appeal'\n\n'Whether the Federal Court of Appeals f appeal'\n\n'Whether the U.S. District Court Magist appellate-procedure certificate-of-appealability criminal-procedure due-process exhaustion exhaustion'\n\n'Whether the Federal Court of Appea federal-statute fifth-circuit habeas-corpus judicial-deference jury-trial jury-verdict magistrate-bar procedural-bar sentencing standard-of-review standard-of-review'\n\n'Whether the U.S. District trial-court-authority | Whether the Trial Court had the authority to supplant the verdict of the jury on punishment |
| 22-6071 | Manuel Bracamontes v. California | California | 2022-11-16 | Denied | IFP | aggravating-circumstances constitutional-rights death-penalty due-process jury-determination jury-trial mitigating-circumstances reasonable-doubt | Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute violate the Fifth, Sixth and Fourte… |
| 22-462 | Ruby J. Watts v. John Stewart, et al. | Eighth Circuit | 2022-11-16 | Denied | civil-rights court-appointed-counsel directed-verdict discrimination due-process employment-discrimination employment-law equal-pay-act jury-trial prima-facie-case | Did the lower court err in issuing a directed verdict when a prima facie case of discrimination was established? | |
| 22-5989 | Michael Edward Bowman v. United States | Ninth Circuit | 2022-11-03 | Denied | Response WaivedIFP | civil-rights constitutional-interpretation constitutional-law due-process jury-trial ninth-circuit religious-freedom-restoration-act tax-return | Did the Ninth Circuit impermissibly ignore the express language of the Religious Freedom Restoration Act and deny Mr. Bowman his right to a jury trial… |
| 22-5977 | Bonerge Benitez-Marquez v. United States | Fifth Circuit | 2022-11-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5956 | Charles Wallace v. Louisiana | Louisiana | 2022-11-01 | Dismissed | Response WaivedIFP | 14th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection jury-trial jury-unanimity retroactivity state-constitution state-jurisdiction | Whether non-unanimous jury instructions are constitutional |
| 22-5936 | Demetrius Troy Bradley v. Michigan | Michigan | 2022-10-31 | Denied | IFP | acquitted-conduct constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial jury-trial-rights sentencing sentencing-discretion sixth-amendment | Do the jury-trial and due process guarantees of the Sixth and Fourteenth Amendments prohibit judges from considering, at sentencing in a criminal case… |
| 22-5949 | Oswaldo Omar Ramirez-Ortiz v. United States | Fifth Circuit | 2022-10-31 | Denied | Response WaivedIFP | case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5950 | Antonio Ramirez-Juan v. United States | Fifth Circuit | 2022-10-31 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey court-of-appeals criminal-procedure due-process fifth-circuit jury-trial legal-review sentencing supreme-court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5927 | Jonathan Lee Oliver v. United States | Ninth Circuit | 2022-10-27 | Denied | Response WaivedIFP | due-process fifth-amendment judicial-procedure jury-trial non-jury-proceeding preponderance-of-evidence sixth-amendment supervised-release | Did the district court's unindicted, non-jury, preponderance of the evidence fact-finding that Mr. Oliver committed a new federal offense to conclude … |
| 22-386 | Andy A. Weimer v. Washington | Washington | 2022-10-25 | Denied | Response Waived | 8th-amendment admiralty-law amendment-eight amendment-seven civil-rights constitutional-rights constitutional-supremacy due-process jury-trial law-enforcement-conduct | Whether state and county governments can violate constitutional rights by invoking admiralty/maritime law and denying a jury trial under the 7th Amend… |
| 22-5810 | Martin Perez-Barrios v. United States | Fifth Circuit | 2022-10-12 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5801 | Steven Nelson Murray v. Jerry Howell, Warden, et al. | Ninth Circuit | 2022-10-11 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver procedural-default sixth-amendment | When a criminal defendant must make a personal decision whether to waive a fundamental constitutional right, does an attorney provide deficient perfor… |
| 22-336 | Jason Reed v. United States | Tenth Circuit | 2022-10-11 | Denied | Amici (1) | armed-career-criminal-act constitutional-requirements criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find that a defendant's prior convictions were 'co… |
| 22-5791 | Erin Carter v. St. Tammany Parish School Board, et al. | Fifth Circuit | 2022-10-07 | Denied | Response WaivedIFP | civil-procedure employer-discretion employment-discrimination fmla-rights incomplete-discovery incomplete-record judicial-review jury-trial prejudice-standard standard-of-review summary-judgment | What is the appropriate standard of review when a trial court grants a motion for summary judgment, dismissing an entire cause of action designated fo… |
| 22-5695 | Christopher Eric Poore v. California | California | 2022-09-28 | Denied | IFP | 5th-6th-14th-amendments aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process jury-finding jury-trial reasonable-doubt sentencing | Does California's death penalty scheme violate the requirement that every fact that increases the statutory maximum penalty must be found by a jury be… |
| 22-5613 | Kennrith L. Foster v. Illinois | Illinois | 2022-09-20 | Denied | IFP | constitutional-rights due-process judicial-procedure jury-trial legal-interpretation notice plea-bargaining prisoner-rights state-court waiver | Did the trial court violate the petitioner's constitutional rights to a jury trial when it accepted a plea without providing adequate notice of the na… |
| 22-5593 | Richard Anthony Rodriguez v. California | California | 2022-09-15 | Denied | Response WaivedIFP | apprendi-rule constitutional-procedure criminal-procedure due-process jury-trial jury-trial-right juvenile-adjudication prior-conviction-exception prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment | Whether juvenile adjudications obtained without a trial by jury can be used to enhance a defendant's sentence in a later proceeding |
| 22-230 | The Golden 1 Credit Union v. Dwaine Burgardt | California | 2022-09-13 | Denied | Amici (1)Response Waived | discriminates against arbitration and is contrary when such modifications are permitted under ordin arbitration-agreement contract-law contract-modification federal-arbitration-act jury-trial jury-trial-waiver kindred-nursing mutual-assent state-common-law state-law | Whether a special rule that prohibits parties from adding an arbitration provision to a contract by mutual assent manifested by conduct, when such mod… |
| 22-215 | Heslin Gallagher v. Financial Industry Regulatory Authority, Inc. | Eleventh Circuit | 2022-09-09 | Denied | Response Waived | 7th-amendment absolute-immunity civil-procedure civil-rights due-process jury-trial quasi-governmental-immunity securities-exchange-commission self-regulatory-organization seventh-amendment standing | Whether clarification is needed to resolve the conflicts among the various circuits when a Self-Regulatory Organization registered with the Securities… |
| 22-5546 | Jhon Albert Carrizales Pretell v. Florida | Florida | 2022-09-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure | Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense |
| 22-5488 | Thomas James Dorn v. Verna Carpenter, Judge, District Court of Jefferson County, Colorado, et al. | Tenth Circuit | 2022-09-01 | Denied | Response WaivedIFP | 11th-amendment civil-rights constitutional-violation due-process human-trafficking judicial-misconduct jury-trial protection-orders restraining-order standing | Should an appearance be required for a loss of rights, and should the right to trial by jury be explained to the respondent going forward in the unite… |
| 22-5480 | Manuel Ralios-Chajal v. United States | Fifth Circuit | 2022-08-31 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing | Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 22-5432 | Terence Valentine v. Florida | Florida | 2022-08-23 | Denied | IFP | actual-innocence constitutional-rights criminal-procedure due-process evidentiary-development habeas-corpus jury-trial jury-verdict state-courts | Whether a state court must allow evidentiary development of actual innocence claims and assess the totality of the case |
| 22-5422 | Vohn Robert Cooper v. Florida | Florida | 2022-08-22 | Denied | IFP | criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum | Whether the sentencing judge violated Cooper's Sixth Amendment right to have a jury determine any fact that increased the statutory maximum in his cas… |
| 22-156 | David Douglas Fennell v. Rob Bonta, Attorney General of California | Ninth Circuit | 2022-08-18 | Denied | Response Waived | anti-SLAPP-law civil-rights constitutional-rights equal-protection federal-preemption free-speech jury-trial jury-trial-rights political-assembly right-to-assemble | Is California's anti-SLAPP law constitutional? |
| 22-5337 | Carlos Vazquez-Tellez v. United States | Fifth Circuit | 2022-08-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-118 | Marquis Shaw v. United States | Ninth Circuit | 2022-08-08 | Denied | Relisted (12) | acquitted-conduct constitutional-rights criminal-sentencing double-jeopardy due-process issue-preclusion jury-trial sentencing united-states-v-watts | Whether the use of acquitted conduct at sentencing violates the Jury Clauses or Due Process Clause |
| 22-5234 | Victor Manuel Duarte-Munoz v. United States | Fifth Circuit | 2022-08-01 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5241 | Silvino Vasquez-Jacinto v. United States | Fifth Circuit | 2022-08-01 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5210 | Travis Louis Shaw v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2022-07-27 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights due-process ineffective-assistance jury-trial reasonable-doubt strickland-v-washington us-constitution | Whether Petitioner should be granted a Certificate of Appealability |
| 22-5147 | Ortavious Devon Wilson v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2022-07-21 | Denied | Response WaivedIFP | almendarez-torres-v-united-states certificate-of-appealability constitutional-rights criminal-procedure jury-trial mandatory-minimum mandatory-sentencing prison-releasee-reoffender sixth-amendment | Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial |
| 22-5106 | Kalvin Lamar Washington v. Michigan | Michigan | 2022-07-14 | Denied | IFP | acquittal court-forms criminal-procedure double-jeopardy due-process habeas-corpus indigent-petitioner jury-trial state-prosecution statutory-provisions | Can the state of Michigan violate the protection against a second prosecution for the same offense after an acquittal by repeatedly the acquittal refe… |
| 22-5084 | Luciano Felipe-Pascual v. United States | Fifth Circuit | 2022-07-13 | Denied | Response WaivedIFP | Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5088 | Norman Blake McKenzie v. Florida | Florida | 2022-07-13 | Denied | IFP | aggravating-factors constitutional-rights death-penalty due-process fourteenth-amendment jury-trial reasonable-doubt sixth-amendment | Whether the failure to require the jury, and the jury alone, to find that the aggravating factors outweighed the mitigating factors, beyond and to the… |
| 22-5059 | Rodolfo Oliva-Santos v. United States | Fifth Circuit | 2022-07-11 | Denied | Response WaivedIFP | Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5053 | Jesus Perez-Solis v. United States | Fifth Circuit | 2022-07-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5033 | Curtis Chewning v. Florida | Florida | 2022-07-05 | Denied | Response WaivedIFP | charging-information court-fraud due-process fraud jury jury-trial reasonable-doubt sentencing unlawful-seizure | Whether due process is violated by sentence increase based on facts not proven to jury |
| 22-5004 | Eduardo Pena-Garcia v. United States | Fifth Circuit | 2022-06-30 | Denied | Response WaivedIFP | almendarez-torres case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8271 | Raul Garcia-Salazar v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8276 | Isidoro Reyes-Lopez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8281 | Jose Carreon-Gonzalez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8286 | Thomas Richie McBride v. Texas | Texas | 2022-06-29 | Denied | IFP | constitutional-rights double-jeopardy due-process judicial-proceedings jury-trial repeat-offender sentencing sixth-amendment | Whether the trial court proceedings constituted a mistrial that voided the 1984 judgment and sentence |
| 21-8231 | Fidel Torres-Villanueva v. United States | Fifth Circuit | 2022-06-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-1586 | Cheryl Romano, et vir v. Jazz Casino Company, L.L.C., et al. | Fifth Circuit | 2022-06-23 | Denied | constitutional-rights due-process evidence evidence-review findings-of-fact inferences judicial-procedure jury-trial seventh-amendment summary-judgment | Whether the lower courts violated the standards set in Tolan v. Cotton, Anderson v. Liberty Lobby, and Eastman Kodak v. Image Technical Services when … | |
| 21-8214 | Miguel Andres-Tomas v. United States | Fifth Circuit | 2022-06-23 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-review recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8225 | Luis Adrian Carchi-Fernandez v. United States | Fifth Circuit | 2022-06-23 | Denied | Response WaivedIFP | case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-1553 | Ramin Khorrami v. Arizona | Arizona | 2022-06-10 | Denied | Amici (3)Relisted (5) | 14th-amendment 6th-amendment constitutional-rights due-process felony fourteenth-amendment impartial-jury jury-trial original-public-meaning precedent sixth-amendment | Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony |
| 21-8100 | Luis Antonio Molina-Rivas v. United States | Fifth Circuit | 2022-06-09 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-law constitutional-provisions criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8101 | Marco Antonio Marin-Maldonado v. United States | Fifth Circuit | 2022-06-09 | Denied | Response WaivedIFP | Almendarez-Torres certiorari constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8108 | Daniel Gallegos-Quirino v. United States | Fifth Circuit | 2022-06-09 | Denied | Response WaivedIFP | Almendarez-Torres case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8071 | Brala Beverly v. Riverside County Public Administrator, et al. | California | 2022-06-07 | Rehearing | Response WaivedRelisted (2)IFP | 7th-amendment civil-procedure civil-rights constitutional-rights due-process fourteenth-amendment jury-trial probate-court property-seizure seventh-amendment standing | Did the California Riverside County Superior Court and Fourth Appellate District Division Two in California violate the seventh amendment of the U.S. … |
| 21-8072 | Erik Daniel Salgado-Castellano v. United States | Fifth Circuit | 2022-06-07 | Denied | Response WaivedIFP | Almendarez-Torres appellate-procedure case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8059 | Jesus Morales-Agustin v. United States | Fifth Circuit | 2022-06-06 | Denied | Response WaivedIFP | almendarez-torres Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit jury-trial sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8052 | Rene Sanchez-Quintero v. United States | Fifth Circuit | 2022-06-03 | Denied | Response WaivedIFP | case-review constitutional-law court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8053 | Ron Delano Kuntz v. United States | Third Circuit | 2022-06-03 | Denied | Response WaivedIFP | concurrent-representation conflict-of-interest crime-of-violence critical-stages cuyler-v-sullivan district-court jury-trial sentence-enhancement sixth-amendment | Whether a conflict arises when trial counsel's concurrent representation ends prior to trial |
| 21-8042 | Etheria Verdell Jackson v. Florida | Florida | 2022-06-02 | Denied | IFP | aggravating-factors constitutional-rights death-penalty hurst-v-florida jury-recommendation jury-trial sixth-amendment sixth-amendment-right | Whether a jury's advisory recommendation of death which does not identify the specific aggravators found, nor whether the aggravators were found unani… |
| 21-8000 | Elijah Johnson v. California | California | 2022-05-31 | Denied | Response WaivedIFP | appellate-review constitutional-interpretation criminal-procedure general-verdict inconsistent-verdicts jury-trial reasonable-doubt sixth-amendment | Whether a reviewing court may uphold a general verdict by relying on a specific fact the jury rejected as not proved beyond a reasonable doubt, in lig… |
| 21-7960 | Jesus Antonio Montoya-Balderrama v. United States | Fifth Circuit | 2022-05-24 | Denied | Response WaivedIFP | almendarez-torres-precedent certiorari constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7916 | James Fetzer v. Leonard Pozner | Wisconsin | 2022-05-19 | Denied | Amici (1)Relisted (3)IFP | 14th-amendment 7th-amendment civil-rights due-process equal-protection equal-rights jury-trial summary-judgment wisconsin | May rules of summary judgment vary throughout the states allowing the Wisconsin Judiciary to conduct and affirm a non-jury trial under the pretense of… |
| 21-1456 | Christy Poon-Atkins v. Sammy M. Sappington, et al. | Fifth Circuit | 2022-05-17 | Denied | Response WaivedRelisted (2) | 7th-amendment civil-procedure civil-rights constitutional-review due-process evidence evidence-omission jury-trial procedural-rules standing | Should the Defendants' documented admissions to speeding be reviewed by a jury, per Constitution Amendment VII, and due process? |
| 21-7807 | In Re Rafael Cezar Danam | 2022-05-09 | Denied | Relisted (2)IFP | civil-rights constitutional-violations due-process equal-protection first-amendment jury-trial mandamus-writ redress-of-grievances supremacy-clause | Writ of Mandamus to Correct Constitutional Violations | |
| 21-7782 | William Larry Foley v. Texas | Texas | 2022-05-05 | Denied | IFP | appellate-review criminal-procedure due-process jury-trial jury-verdict standard-of-review sufficiency-of-evidence | Is the evidence sufficient to sustain the jury's guilty verdict? |
| 21-7786 | Ignacio Trevizo-Cortez v. United States | Fifth Circuit | 2022-05-05 | Denied | Response WaivedIFP | Almendarez-Torres case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7648 | Luis Fernando Ceja, aka Chako v. United States | Ninth Circuit | 2022-04-19 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process federal-rules-of-criminal-procedure foreign-citizen foreign-defendant jury-trial jury-trial-waiver oral-colloquy rule-23 waiver | Whether courts may decline to enforce the plain language of Federal Rule of Criminal Procedure 23(a) requiring that a waiver of jury trial be in writi… |
| 21-7621 | Jose Miguel Perez-Vides v. United States | Fifth Circuit | 2022-04-14 | Denied | Response WaivedIFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7612 | Jose Luis Aldaba-Roman v. United States | Fifth Circuit | 2022-04-13 | Denied | Response WaivedIFP | Almendarez-Torres criminal-law criminal-procedure due-process fifth-circuit jury-trial sentencing Supreme-Court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7560 | Martin Andres-Tomas v. United States | Fifth Circuit | 2022-04-06 | Denied | Response WaivedIFP | Almendarez-Torres certiorari constitutional-interpretation court-of-appeals criminal-procedure due-process federal-statute judicial-precedent jury-trial recidivism sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7537 | Leonardo Gutierrez v. Texas | Texas | 2022-04-05 | Denied | IFP | constitutional-challenge constitutional-law criminal-procedure due-process extraneous-evidence facial-challenge judicial-jurisdiction jury-trial penal-code ramos-v-louisiana | Whether Texas Penal Code §21.02 is unconstitutional on its face |
| 21-7548 | Sergey Genadievich Novitskiy v. Colorado | Colorado | 2022-04-05 | Denied | IFP | bench-trial burden-of-proof constitutional-rights criminal-procedure due-process jury-trial standard-of-proof waiver | Whether a defendant's choice to proceed to a bench trial in a criminal case lowers the prosecution's burden of proof |
| 21-1317 | Rafi Wali McCall v. United States | Fifth Circuit | 2022-04-04 | Denied | Response WaivedRelisted (2) | acquittal constitutional-prohibition criminal-procedure double-jeopardy due-process judicial-finding jury-trial supervised-release | Does the United States Constitution prohibit a judge from revoking supervised release pursuant to 18 U.S.C. § 3583 based on a judicial finding that th… |
| 21-7473 | Antwoyn Terrell Spencer v. United States | Eighth Circuit | 2022-03-25 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure drug-conspiracy due-process first-step-act habeas-corpus jury-trial sentencing-guidelines sixth-amendment | Whether Weer Poltoner is being deprived of his Sixth Amendment right to a jury trial |
| 21-1282 | Christopher Ryan Martin v. Nevada | Nevada | 2022-03-23 | Denied | Response Waived | 6th-amendment apprendi-doctrine civil-rights criminal-sentencing due-process jury-trial prior-convictions sentence-enhancement sentencing-factors sixth-amendment | Whether this Court should overrule AlmendarezTorres in light of Apprendi and its progeny |
| 21-7448 | Edgar Garza-Limones v. United States | Fifth Circuit | 2022-03-23 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7404 | Jose Antonio Barahona-Paz v. United States | Fifth Circuit | 2022-03-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7352 | Pedro Intzin-Guzman v. United States | Fifth Circuit | 2022-03-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-1230 | Dakota Territory Tours, ACC v. Sedona-Oak Creek Airport Authority, Inc. | Arizona | 2022-03-10 | Denied | civil-actions civil-rights constitutional-law due-process incorporation jury-trial seventh-amendment state-courts | Does the Seventh Amendment apply to state governments and protect the right to a jury trial in civil actions in state courts? | |
| 21-7293 | Jose Rodriguez-Vasquez v. United States | Fifth Circuit | 2022-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7295 | Miguel Lerma-Reyes v. United States | Fifth Circuit | 2022-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-1205 | Eric E. v. Los Angeles County Department of Children and Family Services | California | 2022-03-03 | Denied | child-custody civil-rights constitutional-rights due-process family-law jury-trial mootness-doctrine parental-rights standing state-action | Whether a parent has a constitutional right to a jury trial in a child custody proceeding initiated by the state | |
| 21-7252 | Terrance Stinson, aka T-Rock v. United States | Second Circuit | 2022-03-02 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights due-process fifth-amendment jury-guarantee jury-trial sentencing sixth-amendment | Whether sentencing based on acquitted conduct violates the Sixth Amendment jury guarantee and the Fifth Amendment Due Process Clause |
| 21-7256 | Clemente Rosales-Sanchez v. United States | Fifth Circuit | 2022-03-02 | Denied | Response WaivedIFP | almendarez-torres Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7258 | Fernando Contreras-Rojas v. United States | Fifth Circuit | 2022-03-02 | Denied | Response WaivedIFP | Almendarez-Torres certiorari constitutional-provisions criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing Supreme-Court supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7223 | Angel DeLara v. California | California | 2022-02-28 | Denied | IFP | criminal-procedure double-jeopardy due-process fourteenth-amendment judicial-discretion jury-determination jury-trial penal-code sentencing sentencing-enhancement sixth-amendment | Whether California's Determinate Sentencing Law violates the Sixth and Fourteenth Amendments |
| 21-7227 | Daniel Isaiah Thody v. United States | Sixth Circuit | 2022-02-28 | Denied | Response WaivedIFP | civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release | Whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a 'separate sentence' in addition to the 'sentence of imprisonment', i… |
| 21-7191 | Rosa Leija-Peralta v. United States | Fifth Circuit | 2022-02-24 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7196 | Luis Alonso Ramirez v. United States | Fifth Circuit | 2022-02-24 | Denied | Response WaivedIFP | almendarez-torres certiorari criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing Sixth-Amendment supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7168 | Ilya Liviz v. Supreme Judicial Court of Massachusetts | Massachusetts | 2022-02-22 | Dismissed | Response WaivedRelisted (2)IFP | care-and-protection civil-rights constitutional-rights due-process family-law judicial-procedure jury-trial parental-rights standing | Whether right to parent of biological parents' can be terminated by a single judge and statutorily transferred to foster parents when a parent raises … |
| 21-7149 | Pedro Romero-Sandoval v. United States | Fifth Circuit | 2022-02-17 | Denied | Response WaivedIFP | Almendarez-Torres case-law constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-1126 | Taylor Arnett, et al. v. Kansas | Kansas | 2022-02-15 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | apprendi-v-new-jersey criminal-punishment criminal-restitution due-process jury-determination jury-trial reasonable-doubt sentencing-facts sixth-amendment | Whether the Sixth Amendment right to have a jury determine beyond a reasonable doubt every fact necessary to support criminal punishment applies not o… |
| 21-7128 | Cornelius Riley v. United States | Third Circuit | 2022-02-15 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sentencing drug-offense due-process fifth-amendment jury-trial sentencing-guidelines sixth-amendment | Should the reasoning of Apprendi, Alleyne, and Peugh be extended to cases where a defendant's sentencing guideline range increases significantly due t… |
| 21-7094 | Gustavo Guillermo Gutierrez v. United States | Fifth Circuit | 2022-02-10 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-review recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7081 | Marko Stasiv v. United States | Second Circuit | 2022-02-09 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process evidentiary-hearing judicial-discretion jury-coercion jury-trial motion-for-new-trial | Was the Defendant entitled to a hearing on jury coercion? |
| 21-7060 | Christopher N. Bilynsky v. Maine | Maine | 2022-02-04 | Denied | Response WaivedIFP | boykin-v-alabama constitutional-rights due-process jury-trial self-incrimination sentencing-exposure stipulation waiver | Do the Due Process Clauses and Boykin v. Alabama mandate a colloquy before accepting stipulations to offense elements that increase sentencing exposur… |
| 21-1053 | Randall Hepp, Warden v. Danny L. Wilber | Seventh Circuit | 2022-01-28 | Denied | aedpa-review criminal-procedure deck-v-missouri due-process federal-habeas habeas-corpus judicial-restraint jury-trial shackling state-conviction state-court-deference | Whether the Seventh Circuit's invalidation of Wilber's conviction comports with the limits on federal authority to overturn State convictions under th… | |
| 21-6944 | Juan Coreno-Garay v. United States | Fifth Circuit | 2022-01-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6920 | Perry Cousins, aka Pzo v. United States | Fourth Circuit | 2022-01-20 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment civil-rights due-process jury-trial sentencing | Whether the Sentencing provision of Statute 1963 violates the Fifth and Sixth Amendments by denying the right to a Trial by Jury |
| 21-6905 | Ramon Diaz-Quintana v. United States | Fifth Circuit | 2022-01-19 | Denied | Response WaivedIFP | case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6882 | Alexi Lenin Argueta-Urbina v. United States | Fifth Circuit | 2022-01-18 | Denied | Response WaivedIFP | Almendarez-Torres case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6887 | Sergio Rodriguez-Garcia v. United States | Fifth Circuit | 2022-01-18 | Denied | Response WaivedIFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6866 | Richard R. Lawless v. Kat Mulder, et al. | District of Columbia | 2022-01-14 | Denied | Response WaivedIFP | anti-slapp anti-slapp-statute civil-procedure civil-rights court-discovery discovery due-process jury-trial prejudice-dismissal seventh-amendment state-appellate-court | Can a State court deny access to a jury trial and court discovery through the inappropriate application on an AntiSLAPP statute? |
| 21-6805 | Louis Roy Chapman v. Phyllis Smith, et al. | Fourth Circuit | 2022-01-10 | Denied | IFP | civil-procedure civil-rights district-court due-process judicial-bias judicial-recusal jury-trial procedural-error recusal standing summary-judgment | Whether the district court judge erred in not recusing himself |
| 21-971 | Nahed Abdulnabi v. Fatma Adel Sekik | Tennessee | 2022-01-06 | Denied | civil-procedure consolidation divorce divorce-action due-process jury-trial marital-assets procedural-rights tort tort-consolidation valuation | Whether the trial court's orders consolidating a tort case into a divorce action violated the petitioner's due-process rights | |
| 21-6746 | Adan Ramirez-Rubio v. United States | Fifth Circuit | 2021-12-29 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6669 | Robert Walter Scully v. California | California | 2021-12-21 | Denied | IFP | aggravating-circumstances beyond-reasonable-doubt constitutional-rights death-penalty due-process jury-determination jury-trial mitigating-circumstances statutory-maximum | Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 21-917 | Abel Diaz v. Warden, Federal Correctional Institution, Bennettsville | Fourth Circuit | 2021-12-21 | Denied | Response Waived | drug-offense drug-offenses habeas-corpus jurisdiction jury-trial savings-clause sentencing statutory-interpretation statutory-maximum | Whether the district court had jurisdiction under the savings clause of 28 U.S.C. § 2255(e) to adjudicate the merits of petitioner Diaz's § 2241 petit… |
| 21-6631 | Jorge Ivan Vazquez-Medrano v. United States | Fifth Circuit | 2021-12-15 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-882 | Esteban Gaspar-Felipe v. United States | Fifth Circuit | 2021-12-15 | Denied | Amici (4)Response Waived | 5th-amendment 6th-amendment acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sixth-amendment | Whether acquitted-conduct sentencing violates the Fifth Amendment's Due Process Clause or the Sixth Amendment's right to jury trial |
| 21-6570 | Bo Jack Kelley v. United States | Fifth Circuit | 2021-12-13 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing | Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 21-6572 | Jose Luis Ramos-Ramos v. United States | Fifth Circuit | 2021-12-13 | Denied | Response WaivedIFP | case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6573 | Michael Roy Sharpe v. United States | Eleventh Circuit | 2021-12-13 | Denied | Response WaivedIFP | constitutional-guarantees criminal-law due-process judicial-factfinding jury-trial maximum-sentence sentencing sentencing-procedure supervised-release trial-by-jury | Does § 3583(e)(8) as applied here violate the Fifth and Sixth Amendments by authorizing punishment beyond the maximum for a conviction, based solely o… |
| 21-6582 | Genaro Alberto Nunez-Ugarte v. United States | Fifth Circuit | 2021-12-13 | Denied | Response WaivedIFP | Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6568 | Manuel Nunez-Gonzalez v. United States | Fifth Circuit | 2021-12-09 | Denied | Response WaivedIFP | criminal-procedure due-process jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-852 | Christopher D. Lischewski v. United States | Ninth Circuit | 2021-12-08 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | antitrust constitutional-principle criminal-antitrust criminal-procedure due-process jury-trial per-se-rule reasonable-doubt separation-of-powers sherman-act | Whether the operation of the per se rule in criminal antitrust cases violates the constitutional principle that every element of an offense must be su… |
| 21-6512 | Jason Kiger v. Tim Hooper, Warden | Louisiana | 2021-12-06 | Denied | Response WaivedIFP | capital-offense constitutional-interpretation constitutional-law criminal-procedure criminal-statute due-process jury-trial legislative-amendment legislative-power sixth-amendment statutory-interpretation unanimous-verdict | Can Louisiana's 1997 and 1998 legislative amendments to La. 14:42 (C) and (D) qualify, absent a constitutional amendment, as the attendant provision n… |
| 21-6530 | Tyreese Thompson v. United States | Eighth Circuit | 2021-12-06 | Denied | Response WaivedIFP | Almendarez-Torres constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-determination jury-trial precedent-review reasonable-doubt sentencing statutory-maximum | Whether any facts that increase the penalty for a crime beyond the prescribed statutory maximum need to be submitted to a jury and proved beyond a rea… |
| 21-6489 | Edward F. Swanson v. Texas | Texas | 2021-12-02 | Denied | IFP | constitutional-challenge criminal-procedure double-jeopardy due-process indictment judicial-discretion jury-trial preponderance-standard sentencing statutory-scheme | Does the trial judge have the authority to make the charge a first degree felony? |
| 21-6419 | Roberto Aguilar-Hernandez v. United States | Fifth Circuit | 2021-11-24 | Denied | Response WaivedIFP | criminal-procedure due-process jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6366 | Juan Alberto Ceron-Ortiz v. United States | Fifth Circuit | 2021-11-22 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process jury-trial recidivism sentencing | Whether the Court should overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998) |
| 21-6321 | Fernando Rodriguez-Macedo v. United States | Fifth Circuit | 2021-11-18 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6286 | Patrick Lawrence Henderson v. United States | Ninth Circuit | 2021-11-17 | Denied | Response WaivedIFP | apprendi-rule criminal-procedure due-process jury-determination jury-trial reasonable-doubt revocation-sentence sentencing sentencing-guidelines statutory-maximum | Whether Henderson's revocation sentence violates Apprendi and its progeny |
| 21-6308 | Iona Sanders v. Christwood | Fifth Circuit | 2021-11-17 | Denied | Response WaivedRelisted (2)IFP | amendment-seven civil-rights covid-19 due-process jury-trial medical-records-privacy pandemic-jury-trial race-discrimination recusal-motion standing summary-judgment | Whether a pandemic overrides Amendment VII |
| 21-6322 | Gustavo Trejo-Ramos v. United States | Fifth Circuit | 2021-11-17 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6289 | Norris Deshon Andrews v. United States | Eighth Circuit | 2021-11-16 | Denied | IFP | armed-career-criminal-act judicial-fact-finding jury-trial jury-trial-rights predicate-crimes predicate-crimes-of-violence sentencing sixth-amendment | Whether the sentencing court violated Petitioner's Sixth Amendment jury trial rights |
| 21-6297 | Henry Cervantes and Jaime Cervantes v. United States | Ninth Circuit | 2021-11-16 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing federal-statute jury-trial obstruction-of-justice official-proceeding sentencing sixth-amendment statutory-interpretation | Whether the federal obstruction of justice statute, 18 U.S.C. §1512(c)(2) (obstruction of an official proceeding), can be applied to street level crim… |
| 21-6233 | Joe Lenard Rodriguez v. United States | Eighth Circuit | 2021-11-12 | Denied | Response WaivedIFP | conspiracy conspiracy-to-distribute criminal-law criminal-procedure drug-trafficking due-process evidence evidence-sufficiency jury-trial methamphetamine | Did the courts below err in convicting the Petitioner of Conspiracy to Distribute Methamphetamine? |
| 21-6253 | Baltazar Aguirre-Rivera v. United States | Fifth Circuit | 2021-11-12 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment jury-trial mandatory-minimum sentencing sixth-amendment special-interrogatory | When a jury's answer to a special interrogatory negates an element of the charged offense, must a district court enter a judgment of acquittal when th… |
| 21-6255 | Ofelio Arvizu-Loredo v. United States | Fifth Circuit | 2021-11-12 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6256 | Macario Andrew Gomez, Jr. v. United States | Fifth Circuit | 2021-11-12 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure due-process federal-sentencing jury-determination jury-trial reasonable-doubt sentencing sentencing-guidelines | Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 21-6201 | Reginald Kindle v. Florida | Florida | 2021-11-09 | Denied | Response WaivedIFP | criminal-procedure jury-trial preponderance-of-evidence recidivism sentencing sentencing-enhancement sixth-amendment statutory-maximum | Whether a sentencing court violates a defendant's Sixth Amendment right to a jury trial when it finds by a preponderance of the evidence that he commi… |
| 21-684 | Beverly Zylstra, et vir v. DRV, LLC | Seventh Circuit | 2021-11-09 | Denied | Response Waived | breach-of-warranty circuit-split consumer-protection cure-opportunity federal-law judicial-uniformity jury-trial magnuson-moss-warranty-act repair-attempts warranty-claims | What constitutes a 'reasonable opportunity to cure' under the Magnuson-Moss Warranty Act? |
| 21-662 | Michael Bright-Asante v. Saks & Company, Inc., et al. | Second Circuit | 2021-11-04 | Denied | civil-rights due-process human-rights-law jury-trial section-1981 seventh-amendment standard-of-review summary-judgment | Did the Second Circuit apply the correct standard of review? | |
| 21-6145 | Omar Sanchez-Barrera v. United States | Fifth Circuit | 2021-11-02 | Denied | Response WaivedIFP | case-review certiorari constitutional-law criminal-law due-process fifth-circuit judicial-precedent jury-trial precedent sentencing supreme-court-review | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6146 | Keenan Rollerson v. United States | Seventh Circuit | 2021-11-02 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether a sentencing judge increasing a criminal defendant's punishment for acts charged but acquitted by the jury violates the jury trial guarantee o… |
| 21-6155 | Jose Burciaga-Alcantar v. United States | Fifth Circuit | 2021-11-02 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6124 | Saul Contreras-Roman v. United States | Fifth Circuit | 2021-10-29 | Denied | Response WaivedIFP | case-law constitutional-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6131 | Jose Alfredo Gonzalez-Mares v. United States | Fifth Circuit | 2021-10-29 | Denied | Response WaivedIFP | Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-604 | Stephen Kantos v. Leonard Major, et al. | Michigan | 2021-10-26 | Denied | Response Waived | civil-rights constitutional-right court-of-appeals dismissal-with-prejudice due-process jury-trial legal-sanction sanctions standing vicencio-v-ramirez | Did the court of appeals err in denying plaintiff's right to a jury trial |
| 21-6059 | Terry Jonathan Phillips v. Florida | Florida | 2021-10-22 | Denied | Response WaivedIFP | constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure | Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense |
| 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 | Under Waddington v. Sarausad, does a general jury instruction on accomplice liability relieve the State of its burden to prove specific intent beyond … | |
| 21-555 | Benjamin A. Appleby v. Kansas | Kansas | 2021-10-15 | Denied | Response Waived | alleyne due-process fourteenth-amendment judicial-discretion jury-trial legislative-directive liberty-interest procedural-due-process resentencing sentencing-enhancement sixth-amendment | Whether the Fourteenth Amendment's guarantee of procedural due process is violated |
| 21-5948 | In Re Henryk S. Borecki | 2021-10-13 | Denied | IFP | citizen-privilege civil-rights constitutional-rights domestic-travel due-process freedom-of-movement habeas-corpus jury-trial standard-of-review supreme-court supreme-court-review | Whether the final and conclusive determination of the right of a United States citizen to his unfettered privilege of domestic travel shall be determi… | |
| 21-5929 | Jean Lynn Lillie v. Iowa | Iowa | 2021-10-08 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-rights criminal-procedure due-process free-speech jury-trial repeat-offender sentencing-guidelines sixth-amendment standing takings | Can a state violate the Constitution of the United States and arbitrarily trample on the constitutional rights of individual innocent American citizen… |
| 21-5936 | Allen Fong v. United States | Ninth Circuit | 2021-10-08 | Denied | Response WaivedIFP | 6th-amendment criminal-forfeiture in-personam-forfeiture jury-trial reasonable-doubt statutory-authority | Whether the Sixth Amendment guarantees the right to a jury finding beyond a reasonable doubt any fact necessary to the imposition of a mandatory crimi… |
| 21-5847 | Arthur Lee Lewis v. California | California | 2021-10-01 | Denied | IFP | due-process jury-trial presumption-of-innocence proof-beyond-reasonable-doubt reasonable-doubt sixth-amendment statutory-sentencing statutory-sentencing-range | Whether a sentence within the prescribed statutory range but inconsistent with the jury's verdict complies with the Sixth Amendment jury trial guarant… |
| 21-438 | Olaf Sööt Design, LLC v. Daktronics, Inc., et al. | Federal Circuit | 2021-09-22 | Denied | CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) | appellate-review claim-construction infringement jury-trial jury-verdict patent patent-law seventh-amendment sua-sponte | Whether the Seventh Amendment allows the Federal Circuit to reverse a jury verdict based on a sua sponte new claim construction |
| 21-5738 | Daniel Jose Gomez v. Robert Dooley, Warden, et al. | Eighth Circuit | 2021-09-21 | Denied | IFP | appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection federal-jurisdiction habeas-corpus jury-trial statutory-interpretation | Whether the petitioner's due process rights were violated when the state court denied his request for a jury trial in his criminal case |
| 21-424 | KD, et ux., as Parents, Natural Guardians, and Next Friends of Minor LD v. Douglas County School District No. 001, aka Omaha Public Schools, et al. | Eighth Circuit | 2021-09-20 | Denied | Response Waived | civil-damages civil-procedure civil-rights damages default-judgment due-process jury-trial victim-rights willful-blindness | Whether a convicted rapist sued by the victim may deprive the victim of trial by jury to determine damages by defaulting and declining to respond to t… |
| 21-5693 | Eleno Guillen-Morales v. United States | Fifth Circuit | 2021-09-16 | Denied | Response WaivedIFP | Almendarez-Torres case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-403 | Bruce H. Zitka, et ux. v. Michigan | Michigan | 2021-09-14 | Denied | Response Waived | civil-rights court-order criminal-procedure due-process entrapment-by-estoppel government-liability governmental-officials jury-trial legal-defense res-judicata | Were the Zitkas denied the right to present evidence to show the jury a prior court order authorized their conduct and to show they acted as they did … |
| 21-5672 | Wayne C. Doty v. Florida | Florida | 2021-09-14 | Denied | IFP | aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing due-process jury-trial mitigating-circumstances reasonable-doubt ring-v-arizona | Whether the Due Process Clause and right to a jury trial require additional determinations under Florida's capital sentencing scheme to be made beyond… |
| 21-5574 | Walter Manuel Marques-Mejia v. United States | Fifth Circuit | 2021-09-03 | Denied | Response WaivedIFP | Almendarez-Torres burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-329 | Rosemary Garity v. Louis DeJoy, Postmaster General | Ninth Circuit | 2021-09-01 | Denied | Response Waived | circuit-court civil-procedure civil-rights discrimination due-process fourteenth-amendment jury-trial make-whole-remedy pro-se sanctions standing summary-judgment | Did the Ninth Circuit err in upholding sanctions against pro se, denial of damages and right to a jury trial, when admitting not supported by the reco… |
| 21-5486 | Scott Sanford v. Virginia | Virginia | 2021-08-25 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights due-process fundamental-rights intelligent-waiver jury-trial knowing-waiver sixth-amendment voluntary-waiver waiver | Minimum requirements for waiving jury trial right |
| 21-228 | Michael Murphy v. Richard Sarta, et al. | Tennessee | 2021-08-17 | Denied | access-to-justice civil-rights constitutional-rights constitutional-vagueness due-process jurisdiction jurisdictional-challenge jury-trial state-court-procedure | WHETHER THE TENNESSEE STATE TRIAL AND APPELLATE COURTS ARE USING A CONSTITUTIONALLY VAGUE STATUTE TO DENY CITIZENS SIMILARLY SITUATED HEREIN AN OPPORT… | |
| 21-232 | Veena Sharma v. Domenic S. Terranova, et al. | First Circuit | 2021-08-17 | Denied | Response WaivedRelisted (2) | civil-procedure dismissal-without-hearing due-process first-circuit hearing judicial-review jury-trial pro-se-petition procedural-due-process standing statute-of-limitations summons | Whether the District Court and U.S. Appeals Court for the First Circuit decision of dismissing Petitioner's claim without issuing summons to Responden… |
| 21-5349 | Chris Allen Miller v. Jason R. Ravnsborg, Attorney General of South Dakota, et al. | Eighth Circuit | 2021-08-13 | Denied | IFP | civil-rights criminal-procedure double-jeopardy due-process jury-trial prosecutorial-misconduct | Whether the state court erred in denying the petitioner's due-process, civil-rights, criminal-procedure, jury-trial, double-jeopardy, prosecutorial-mi… |
| 21-5372 | Jessica Graulau v. Credit One Bank, N.A. | Eleventh Circuit | 2021-08-13 | Denied | IFP | arbitration arbitration-dispute civil-procedure civil-rights constitutional-violation due-process equal-protection jury-trial subject-matter-jurisdiction telephone-consumer-protection-act | Did the Circuit Court of Appeal violate the U.S. Constitution and federal laws by depriving the petitioner of a jury trial, due process, and equal pro… |
| 21-5373 | Bernard Hollomond v. Tracy Ray, Warden | Fourth Circuit | 2021-08-13 | Denied | IFP | confusion constitutional-rights due-process evidence-consideration jury-trial knowing-and-intelligent sentencing trial-procedure voluntariness waiver | Whether the defendant's statements show that he knowingly and voluntarily waived his right to a jury trial |
| 21-5358 | Leonel Rodriguez-Caraveo v. United States | Fifth Circuit | 2021-08-12 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5333 | Michael E. Harris v. Anthony Akidi | Ninth Circuit | 2021-08-10 | Denied | Relisted (2)IFP | abuse-of-discretion civil-procedure civil-rights court-of-appeals discretionary-dismissal jury-demand jury-trial personal-injury prima-facie | Did the United States court of appeals error and abuse its discretion, in dismissing the petitioner's prima facie personal injury, civil rights compla… |
| 21-5392 | Jose Raymundo Rodriguez-Yanez v. United States | Fifth Circuit | 2021-08-10 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5327 | Mark Anthony Gonzalez v. Texas | Texas | 2021-08-09 | Denied | IFP | criminal-procedure juror-substitution jury-deliberation jury-trial sixth-amendment structural-error trial-procedure unanimous-verdict | Whether a trial court's failure to instruct a reconstituted jury to deliberate anew after a juror substitution violates the Sixth Amendment right to a… |
| 21-179 | Nehemiah Rolle, Jr. v. Norman St. George | Second Circuit | 2021-08-06 | Denied | Response Waived | 42-usc-1983 civil-rights declaratory-judgment due-process equity equity-lawsuit federal-jurisdiction judicial-review jury-trial section-1983 | Whether the petitioner's equity lawsuit under 42 USC § 1983 seeking declaratory judgment against the respondent is barred by statute |
| 21-156 | American Contractors Supply, LLC v. HD Supply Construction Supply, Ltd. | Eleventh Circuit | 2021-08-04 | Denied | antitrust antitrust-law civil-procedure evidence-weighing federal-rules federal-rules-of-civil-procedure jury-trial material-fact summary-judgment | Does Federal Rule of Civil Procedure 56 permit the court to weigh competing evidence of a material fact from the moving party to grant summary judgmen… | |
| 21-5284 | Albert Lamont Hector v. United States | Ninth Circuit | 2021-08-03 | Denied | Response WaivedIFP | acquitted-conduct due-process federal-appeals-courts fifth-amendment jury-trial sentencing sixth-amendment state-high-courts | Whether sentences based on acquitted conduct violate the Fifth Amendment's Due Process Clause or Sixth Amendment's jury-trial guarantee |
| 21-5232 | Duane Allen Short v. Ohio | Ohio | 2021-07-29 | Denied | IFP | caldwell-v-mississippi capital-punishment capital-sentencing constitutional-decency due-process eighth-amendment evolving-standards-of-decency jury-recommendation jury-trial sixth-amendment | Is Ohio's capital sentencing scheme, which permits telling the jury that their decision is only a mere recommendation, unconstitutional under Hurst v.… |
| 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 | Did the district court violate the Fifth Amendment's Due Process Clause and the Sixth Amendment's Jury Trial Clause |
| 21-115 | Ivan Rosario v. United States | Second Circuit | 2021-07-28 | Denied | Response Waived | 6th-amendment criminal-sentencing due-process fifth-amendment judicial-factfinding jury jury-trial reasonable-doubt sentencing sixth-amendment | Whether the Fifth Amendment's Due Process Clause and the Sixth Amendment's right to trial by jury protect criminal defendants from being sentenced bas… |
| 21-5240 | Carlos Elias Cruz-Bermudez v. United States | Ninth Circuit | 2021-07-28 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5241 | Jose Lazaro Venancio Mendoza-Batres v. United States | Fifth Circuit | 2021-07-28 | Denied | Response WaivedIFP | case-review criminal-procedure due-process fifth-circuit judicial-procedure jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-110 | GMAG, LLC, et al. v. Ralph S. Janvey, as Receiver for the Stanford International Bank Limited, et al. | Fifth Circuit | 2021-07-27 | Denied | Response RequestedResponse WaivedRelisted (2) | civil-procedure court-of-appeals due-process factual-dispute jury-trial jury-verdict legal-ruling ponzi-scheme seventh-amendment transferee-liability | Whether the Seventh Amendment and due process permit a court of appeals to reverse a jury verdict based on the court's own independent examination of … |
| 21-5189 | Gary Hatter v. Gloria Williams, et al. | Seventh Circuit | 2021-07-23 | Denied | Response WaivedIFP | civil-procedure disability-discrimination due-process housing-authority hud jury-trial pro-se procedural-due-process seventh-amendment summary-judgment | 7th-amendment-right-to-jury-trial |
| 21-5175 | Alfredo Jesus Chavez-Portillo v. United States | Fifth Circuit | 2021-07-22 | Denied | Response WaivedIFP | Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5096 | Jaime Martinez-Rojas v. United States | Fifth Circuit | 2021-07-13 | Denied | Response WaivedIFP | Almendarez-Torres case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-22 | Bo Peng v. F.M. Tarbell Co. | California | 2021-07-08 | Denied | Response WaivedRelisted (2) | civil-rights constitutional-rights due-process fraud-on-the-court judicial-bias judicial-corruption judicial-independence jury-trial legal-misconduct rule-of-law standing | Judicial corruption |
| 21-5053 | Hernando Javier Vergara v. United States | Eleventh Circuit | 2021-07-08 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment amendment-challenge constitutional-scrutiny criminal-procedure criminal-sentencing due-process jury-trial retroactive-application retroactivity supervised-release | Should the Haymond ruling be considered retroactive? |
| 21-5029 | Antonio Domingo-Morales v. United States | Fifth Circuit | 2021-07-07 | Denied | Response WaivedIFP | case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-8460 | Marcus Snipes v. Florida | Florida | 2021-06-30 | Denied | IFP | Apprendi-rule constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-determination jury-trial sentencing statutory-interpretation statutory-maximum | Whether the state can avoid Apprendi's reach by writing its penal statutes so that a fact that increases the penalty for a crime instead becomes a fac… |
| 20-8461 | In Re Richard Charles Lussy | 2021-06-30 | Denied | Relisted (2)IFP | civil-rights civil-torts due-process federal-questions jury-trial mandamus ministerial-mandamus oath-of-office public-charge standing | Whether the petitioner has a clear legal duty for the Chief Justice to perform a ministerial mandamus act, despite the respondents' alleged errors and… | |
| 20-1820 | Stephane J. Wantou Siantou v. CVS RX Services, Inc. | Fourth Circuit | 2021-06-30 | Denied | Response WaivedRelisted (2) | 7th-amendment amendment-rights bench-conference dismissal due-process judicial-procedure jury-trial motion-dismissal postponement | Can a District Court judge invite the parties counsel to a bench conference for the specific goal of preventing the plaintiff from listening to the di… |
| 20-8384 | Pedro Rodriguez-Calderon v. United States | Fifth Circuit | 2021-06-22 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-8300 | Lonnie Norton v. Utah | Utah | 2021-06-15 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-statute due-process jury-trial sentencing statutory-interpretation vagueness-doctrine void-for-vagueness | Whether Apprendi v. New Jersey, 530 U.S. 466 (2000) and Alleyne v. United States, 570 U.S. 99 (2013) require that when a single statute creates a tier… |
| 20-8308 | Wilhelmina Montgomery v. NBC Television, et al. | Second Circuit | 2021-06-15 | Denied | Relisted (2)IFP | civil-procedure copyright-infringement due-process fair-use jury-trial pro-se-litigation procedural-due-process service-of-process summary-dismissal summary-judgment visual-evidence | As, I, the pro se Plaintiff-Appellant pointed out in my First Amended Complaint (Doc. 9) and in my Second Amended Complaint (Doc. 51) two (2) differen… |
| 20-8266 | Eric Lucas v. Florida Department of Corrections, et al. | Eleventh Circuit | 2021-06-09 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment | Whether Petitioner's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated |
| 20-8254 | Demario M. Peterson v. United States | Sixth Circuit | 2021-06-08 | Denied | Response WaivedIFP | acquitted-conduct due-process fifth-amendment jury-trial procedural-reasonableness sentencing sentencing-variance sixth-amendment substantive-reasonableness | Whether the Sixth Amendment, Fifth Amendment, and this Court's jurisprudence on the procedural and substantive reasonableness of sentences are implica… |
| 20-8211 | Christian M. Allmendinger v. United States | Fourth Circuit | 2021-06-03 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process fifth-amendment judicial-fact-finding jury-trial reasonable-doubt sentencing-guidelines sixth-amendment witte-v-united-states | Whether the Fifth and Sixth Amendments forbid sentencing guidelines from enhancing the presumed reasonable punishment for an offense, unless the facts… |
| 20-8214 | Warren D. Tisdale v. CASA Partners V, L.P. The Park at Winterset, et al. | Fourth Circuit | 2021-06-03 | Denied | IFP | civil-procedure civil-rights discovery discovery-rights due-process interrogatories jury-trial magistrate-referral settlement sixth-amendment | Whether Petitioner's Sixth Amendment right to a jury trial was violated |
| 20-8192 | Jorge Ramon Newball-May v. United States | Eleventh Circuit | 2021-06-02 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure jurisdiction jury-trial maritime-drug-law maritime-law pre-trial-hearing sixth-amendment statutory-interpretation | Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment right… |
| 20-8152 | Miguel Martinez-Figueroa v. United States | Fifth Circuit | 2021-05-27 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-8119 | Peter Anthony Ciraulo v. Oregon | Oregon | 2021-05-25 | Denied | Response WaivedIFP | constitutional-law criminal-procedure harmless-error jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict | Whether a trial court commits structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a… |
| 20-8126 | Charles Wesley Kincheloe v. Oregon | Oregon | 2021-05-25 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict | Does a trial court commit structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a jur… |
| 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 | Whether a federal court may disregard the prejudice resulting from Stromberg error and instead ask only what a hypothetical jury instructed on a valid… |
| 20-8013 | Jesus Manuel Anchondo-Quezada v. United States | Fifth Circuit | 2021-05-13 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7981 | Stephen Nivens v. J. Phillip Morgan, Warden, et al. | Fourth Circuit | 2021-05-11 | Denied | Response WaivedIFP | charging-document constitutional-rights double-jeopardy duplicitous duplicitous-charging fifth-amendment jury jury-trial multiplicitous multiplicitous-charging | Whether the Petitioner has a right to be free from Double Jeopardy |
| 20-7961 | Antonio Olmeda v. United States | Second Circuit | 2021-05-07 | Denied | Response WaivedIFP | consecutive-sentences consecutive-sentencing criminal-procedure double-jeopardy due-process firearm-possession jury-determination jury-trial multiplicitous-conviction sentencing-enhancement sentencing-guidelines statutory-interpretation | Whether a Judgment and Conviction on two counts, under U.S.S.G. § 2K2.1.(a), for unlawful 'receipt' of a firearm and 'Possession' of that firearm is m… |
| 20-7940 | Khaled Elbeblawy v. United States | Eleventh Circuit | 2021-05-05 | Denied | Response WaivedIFP | constitutional-rights criminal-forfeiture due-process fact-finding forfeiture jury-trial restitution sentencing-enhancements sixth-amendment | Whether the Sixth Amendment requires a jury trial on forfeiture, and whether the Sixth Amendment forbids a judge from finding facts that increase fine… |
| 20-7884 | Roel Gilberto Melendez-Davila v. United States | Fifth Circuit | 2021-04-29 | Denied | Response WaivedIFP | Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7859 | Denver Lee v. United States | Sixth Circuit | 2021-04-28 | Denied | IFP | 6th-amendment circuit-split constitutional-sufficiency due-process felon-in-possession jury-finding jury-trial knowledge-of-status old-chief-stipulation plain-error rehaif substantial-rights | Whether, when applying plain-error review based on the Court's intervening decision in Rehaif, a circuit court of appeals errs in relying on a petitio… |
| 20-7874 | Ted A. McCracken v. R.J. Reynolds Tobacco, et al. | Third Circuit | 2021-04-28 | Denied | Response WaivedIFP | 7th-amendment causation-evidence civil-rights expert-testimony jury-trial pro-se-plaintiff pulmonologist-analysis seventh-amendment summary-judgment tobacco-litigation | Was it not a denial of petitioner's 7th Amendment right to jury trial |
| 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 | whether-petitioner-was-deprived-of-due-process-and-jury-trial |
| 20-7825 | Carlon McGinn v. Kansas | Kansas | 2021-04-22 | Denied | Response WaivedIFP | apprendi-v-new-jersey constitutional-vagueness criminal-history criminal-sentencing due-process fourteenth-amendment judicial-determination jury-trial sentencing-enhancement sixth-amendment | Whether the subsection-specific definition of 'PERSON FELONY' in Kansas Statutes is unconstitutionally vague |
| 20-7793 | Edgar Ivan Lira Estrada v. United States | Fifth Circuit | 2021-04-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-1446 | Patricia LaCourse, Individually and as Personal Representative of the Estate of Lt. Colonel Matthew LaCourse v. PAE Worldwide Incorporated, et al. | Eleventh Circuit | 2021-04-16 | Denied | Response Waived | boyle-v-united-technologies civil-procedure death-on-high-seas-act death-on-the-high-seas-act discretion-in-contract-performance government-contractor-defense jury-trial maritime-law summary-judgment | Did the Court of Appeals err in extending the federal common law 'government contractor defense' to a government maintenance contract? |
| 20-7591 | Herminio Perales-Perez v. United States | Fifth Circuit | 2021-03-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-1355 | David M. Johnson v. Janet L. Yellen, Secretary of the Treasury | Seventh Circuit | 2021-03-25 | Denied | Response Waived | 7th-amendment civil-procedure civil-rights civil-rights-act due-process employment employment-discrimination equal-employment-opportunity jury-trial mandamus-writ seventh-amendment standing | Whether a plaintiff is guaranteed the right to a jury trial by the 7th Amendment |
| 20-1298 | Demetreus A. Keahey v. Dave Marquis, Warden | Sixth Circuit | 2021-03-19 | Denied | Response RequestedResponse WaivedRelisted (2) | 14th-amendment 6th-amendment clearly established federal law regarding a defen criminal-procedure jury-trial or is an unreasonable application of self-defense due-process fourteenth-amendment habeas-corpus jury-trial self-defense sixth-amendment | Whether the failure to give a self-defense jury instruction contradicts |
| 20-7456 | Rafael Ayala-Solorio v. United States | Fifth Circuit | 2021-03-15 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7361 | Robert Eugene Ayers v. Virginia | Virginia | 2021-03-08 | Denied | Response WaivedIFP | civil-commitment civil-rights due-process fourteenth-amendment incorporation-doctrine jury-trial mental-health seventh-amendment sexual-predator sexually-violent-predator | Was Petitioner entitled by the Incorporation of the Seventh Amendment's Jury Trial Clause into the Fourteenth Amendment to Trial By Jury in a State Ci… |
| 20-7369 | Antonia Janai Hickmon v. United States | Fifth Circuit | 2021-03-08 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing | Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 20-7299 | Michael Dean Adkisson v. Nevada | Nevada | 2021-03-02 | Denied | IFP | consecutive-sentence criminal-sentencing custody due-process jury-trial jury-trial-rights prison-custody separate-offense separate-statute statutory-interpretation | Whether state prison officials violate an inmate's due process and jury trial rights when they hold an inmate in custody pursuant to an additional con… |
| 20-7255 | Samuel Zubia-Olivas v. United States | Fifth Circuit | 2021-02-25 | Denied | Response WaivedIFP | Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-review jury-trial precedent sentencing Supreme-Court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-1177 | National Medical Imaging, LLC, et al. v. U.S. Bank, N.A., et al. | Third Circuit | 2021-02-25 | Denied | Amici (1)Response Waived | bad-faith bankruptcy-code bankruptcy-petition compensatory-damages involuntary-bankruptcy jury-trial punitive-damages seventh-amendment | Whether punitive damages are to be awarded when an involuntary bankruptcy petition was filed in bad faith |
| 20-7232 | Raul Almanza-Portillo v. United States | Fifth Circuit | 2021-02-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7220 | Antonio Diaz-Agurcia v. United States | Fifth Circuit | 2021-02-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-1136 | Peter Capote v. Alabama | Alabama | 2021-02-19 | Denied | 6th-amendment aggravating-circumstances capital-punishment death-penalty judicial-fact-finding judicial-weighing jury-trial mitigating-circumstances sentencing-scheme sixth-amendment | Whether the Alabama death penalty sentencing scheme violates a defendant's Sixth Amendment right to a jury trial | |
| 20-1129 | Scott Phillip Flynn v. United States | Eighth Circuit | 2021-02-17 | Denied | Amici (1) | constitutional-rights criminal-procedure due-process guilty-plea irs jury-trial klein-conspiracy restitution seventh-amendment sixth-amendment | Whether the due process clause requires discussion of the elements of an 18 U.S.C. § 371 conspiracy to defraud the IRS before accepting a guilty plea |
| 20-7128 | Teodoro Reynosa-Denova v. United States | Fifth Circuit | 2021-02-12 | Denied | Response WaivedIFP | case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-procedure sentencing stare-decisis supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7111 | Carlos Lopez-Vanegas v. Pennsylvania | Pennsylvania | 2021-02-11 | Denied | IFP | appeals civil-rights constitutional-rights criminal-defense criminal-procedure due-process evidence-presentation judicial-interpretation jurisdiction jury-trial state-court | Should the 'Speedy Process' globally regarded as a 'Miracle Appeal' be properly adjudicated? |
| 20-7121 | Georges Michel v. United States | Eleventh Circuit | 2021-02-11 | Denied | Response WaivedIFP | 21-usc-841 apprendi-rule apprendi-v-new-jersey drug-quantity due-process jury-trial sentencing-guidelines sixth-amendment statutory-maximum | Whether the Court of Appeals erred in affirming the district court's drug-quantity determination that exceeded the statutory-maximum based solely on t… |
| 20-7070 | Jeremy S. v. West Virginia | West Virginia | 2021-02-08 | Denied | Response WaivedIFP | appellate-review criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-inquiry jury-polling jury-trial trial-court-procedure verdict-review | Does the new syllabus point issued by the Supreme Court of Appeals of West Virginia permitting a trial court judge to make further inquiry of a juror … |
| 20-6954 | Brenda Yadira Gamez-Castaneda v. United States | Fifth Circuit | 2021-01-27 | Denied | Response WaivedIFP | alien-smuggling criminal-procedure criminal-sentencing due-process judge-found-facts judicial-fact-finding jury-trial jury-trial-rights sentencing sentencing-guidelines sixth-amendment | Whether Petitioner's sentence violates the Sixth Amendment because its reasonableness depends upon facts found by the court that was not admitted by t… |
| 20-6925 | Leonidas Iraheta and Eduardo Hernandez v. United States | Ninth Circuit | 2021-01-25 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fifth-amendment judge-found-facts judicial-discretion jury-trial sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit severe increases to the sentences of criminal defendants using judge-found facts rejected by the jury |
| 20-6883 | Christopher Brent Garner v. United States | Fifth Circuit | 2021-01-14 | Denied | Response WaivedIFP | appellate-procedure constitutional-challenge due-process federal-authority jury-trial legal-error sentencing sentencing-review standard-of-review supervised-release trial-by-jury | Whether 18 U.S.C. §3583(g) unconstitutionally deprives federal supervised releasees of the right to trial by jury? |
| 20-6884 | Luis Alberto Andrade-Salas v. United States | Fifth Circuit | 2021-01-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6864 | Brian David Hill v. United States | Fourth Circuit | 2021-01-13 | Denied | Response WaivedIFP | appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury | Whether the district court erred in sentencing the petitioner without a jury trial and by a preponderance of the evidence |
| 20-945 | Samuel T. Russell v. Texas | Fifth Circuit | 2021-01-13 | Denied | 11th-amendment bill-of-rights constitutional-interpretation due-process eleventh-amendment federal-jurisdiction jury-trial right-to-petition search-and-seizure sovereign-immunity | When the United States Court of Appeals for the Fifth Circuit said they reviewed 'an Eleventh Amendment immunity determination de novo,' did they fail… | |
| 20-6823 | Robert Buttery v. Ohio | Ohio | 2021-01-11 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment 6th-amendment constitutional-amendment criminal-procedure due-process jury-trial jury-trial-rights juvenile-adjudication sex-offender-registration | Whether an adult felony conviction under Ohio's failure to register statute violates due process and jury trial rights |
| 20-6775 | Dantazias Raines v. Georgia | Georgia | 2021-01-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure eighth-amendment jury-trial juvenile-sentencing life-without-parole montgomery-v-louisiana permanent-incorrigibility sixth-amendment | Does a juvenile have a Sixth Amendment right to have a jury decide whether he is permanently incorrigible, and thus eligible to be sentenced to life w… |
| 20-6776 | Charod Becton v. United States | Second Circuit | 2021-01-05 | Denied | Response WaivedIFP | alleyne-v-united-states apprendi-v-new-jersey conspiracy conspiracy-liability criminal-law due-process fifth-amendment jury-trial pinkerton-doctrine sixth-amendment | Should this Court abrogate the judicially established Pinkerton doctrine |
| 20-6762 | James W. Knipfer v. Reed A. Richardson, Warden | Seventh Circuit | 2021-01-04 | Denied | Response WaivedIFP | civil-rights constitutional-rights court-jurisdiction due-process federal-court habeas-corpus judicial-misconduct jurisdiction jury jury-trial procedural-due-process | Can there be a 'perpetual jury', 'phantom jury', 'forever jury' or a 'jury on a judge's whim' in the United States? |
| 20-6735 | Frank A. McClung, Jr., et ux. v. Elia E. Estevez | Florida | 2020-12-31 | Denied | Response WaivedRelisted (3)IFP | civil-procedure civil-rights default-judgment due-process fourteenth-amendment jurisdiction jury-trial service-of-process seventh-amendment standing | Seventh Amendment right to jury trial |
| 20-873 | Herman Miller, Inc. v. Blumenthal Distributing, Inc., dba Office Star | Ninth Circuit | 2020-12-31 | Denied | civil-procedure household-name jury-trial standard-of-review trade-dress trademark | Whether the appellate court improperly substituted its own factual findings in place of a jury verdict | |
| 20-6699 | Juan David Pineda-Rodriguez v. United States | Fifth Circuit | 2020-12-23 | Denied | Response WaivedIFP | case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-procedure sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6692 | Juan Manuel Lopez-Canales v. United States | Fifth Circuit | 2020-12-22 | Denied | Response WaivedIFP | Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6661 | Brian Keith Figge v. Scott Frauenheim, Warden | Ninth Circuit | 2020-12-18 | Denied | IFP | criminal-defendant criminal-procedure deliberation-process due-process judicial-misconduct juror-dismissal jury-deliberations jury-selection jury-trial sixth-amendment trial-by-jury | Does a trial court violate a criminal defendant's Sixth Amendment right to trial by jury when it dismisses a defense holdout juror on the third day of… |
| 20-6645 | Joe Cervantes, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2020-12-17 | Denied | IFP | aedpa aedpa-limitations constitutional-violation due-process federal-review habeas-corpus jury-trial notice-of-charges void-for-vagueness void-statutes | Does AEDPA deprive federal courts of the power and obligation to review claims not previously known and could not have been known through reasonable d… |
| 20-6633 | Eduardo David Vargas v. California | California | 2020-12-15 | Denied | IFP | aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment jury-finding jury-trial reasonable-doubt sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c… |
| 20-814 | James Nalder, et al. v. United Automobile Insurance Company | Ninth Circuit | 2020-12-15 | Denied | Response Waived | appellate-jurisdiction appellate-review civil-procedure damages-review diversity federal-courts judicial-procedure jury-trial standing standing-doctrine substantive-law | Whether a federal appeals court may be divested of jurisdiction by evaluating facts of an alleged post-judgment reduction in the amount of damages and… |
| 20-797 | Leonard Patti v. George C. Peck, Jr. | Third Circuit | 2020-12-11 | Denied | Response Waived | 14th-amendment 7th-amendment affidavit-of-merit civil-procedure civil-rights constitutional-rights due-process informed-consent jury-trial medical-malpractice standing | Why was I denied my right to a trial by jury, or even a hearing on the case? |
| 20-6559 | Jesus Villarreal-Ramirez v. United States | Fifth Circuit | 2020-12-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6513 | Calvin Teko Coston v. United States | Fourth Circuit | 2020-12-03 | Denied | Response WaivedIFP | constitutional-challenge due-process fifth-amendment jury-trial mandatory-imprisonment revocation sentencing-discretion sixth-amendment supervised-release united-states-v-haymond | Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments |
| 20-6460 | Reginald Hollie v. United States | Eleventh Circuit | 2020-11-27 | Denied | Relisted (2)IFP | armed-career-criminal-act commerce-clause conviction criminal-conviction criminal-procedure drug-offense interstate-commerce jury-trial plain-error-review rehaif-v-united-states sentencing-enhancement | Whether courts of appeals may rely on information not proven to the jury to affirm a conviction on plain-error review |
| 20-6434 | Julian Madero-Diaz, aka Hector Ramon Castillo v. United States | Ninth Circuit | 2020-11-25 | Denied | Response WaivedIFP | 18-usc-3583 constitutional-punishment fifth-amendment jury-trial punishment-scheme sentencing-procedure sixth-amendment supervised-release | Whether a judge's decision to revoke a person's supervised release and send him to prison subjects him to an unconstitutional punishment scheme under … |
| 20-715 | Jibriil A. Hersi v. Ed Sheldon, Warden | Sixth Circuit | 2020-11-24 | Denied | Response Waived | criminal-procedure due-process evidence jury-authorization jury-trial police-conduct police-misconduct prosecutorial-discretion right-to-counsel trial-records | whether-i-am-entitled-to-get-the-missing-records |
| 20-6403 | Casey Mattingly v. Duval County Jail, et al. | Eleventh Circuit | 2020-11-23 | Denied | Response WaivedIFP | 14th-amendment 8th-amendment appellate-procedure civil-rights constitutional-rights due-process equal-protection jury-trial summary-judgment | Whether the Eleventh Circuit Court erred in dismissing the Plaintiff's appeal, demonstrating a violation of the Plaintiff's constitutional rights unde… |
| 20-6408 | Jose Hilario Fernandez-Vargas v. United States | Fifth Circuit | 2020-11-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6389 | Tomas Martinez-Rodriguez v. United States | Fifth Circuit | 2020-11-19 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6368 | In Re Richard J. Ramsey | 2020-11-18 | Denied | IFP | 6th-amendment civil-rights court-martial due-process effective-assistance-of-counsel jury-trial military-justice plea-bargain separation-of-powers sixth-amendment ucmj | Whether military plea-bargains procedures are unconstitutional | |
| 20-6344 | Phyllis Marie Knight v. John C. Chatelain, et al. | Eighth Circuit | 2020-11-17 | Denied | Response WaivedIFP | administrative-law bill-of-rights civil-rights diversity-jurisdiction diversity-of-citizenship due-process interstate-commerce jury-trial seventh-amendment subject-matter-jurisdiction | Is the state or federal court the proper forum for this dispute? |
| 20-6337 | Tramaine Standberry v. United States | Fourth Circuit | 2020-11-16 | Denied | Response WaivedIFP | acquitted-conduct crime-of-violence criminal-law district-court-discretion due-process guidelines-interpretation jury-trial sentencing sentencing-enhancement unconstitutional upward-variance | Did the jury convict Mr. Standberry for a crime of violence that this Court has held is unconstitutional? |
| 20-6211 | Michael Anthony Robbins v. California | California | 2020-11-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | due-process investigation juror-bias jury-trial racial-bias sixth-amendment | What constitutes juror bias for purposes of removing a sitting juror during deliberations? |
| 20-6128 | Ilya Liviz v. Supreme Judicial Court of Massachusetts | Massachusetts | 2020-10-26 | Dismissed | IFP | civil-procedure civil-rights constitutional-rights due-process family-law jury-trial parental-rights patent-claims state-procedure | Does CL have a right to a jury trial when the state seeks to terminate parental rights? |
| 20-6112 | Oscar Pena Trujillo v. Arizona | Arizona | 2020-10-23 | Denied | Response WaivedIFP | 6th-amendment alleyne apprendi apprendi-rule due-process ex-post-facto-clause fact-finding jury-trial sex-offender-registration sixth-amendment southern-union | Does the Sixth Amendment right to jury trial require submitting to the jury questions of fact that mandate sex offender registration? |
| 20-6100 | Carlos Meza-Cruz v. United States | Fifth Circuit | 2020-10-21 | Denied | Response WaivedIFP | Almendarez-Torres criminal-procedure due-process jury-trial sentencing Supreme-Court | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6084 | Laron J. Wainwright v. United States | Eighth Circuit | 2020-10-20 | Denied | Response WaivedIFP | almendarez-torres-v-united-states armed-career-criminal-act judicial-records jury-trial modified-categorical-approach prior-convictions sentencing sentencing-enhancement sixth-amendment | Whether the Sixth Amendment permits a sentencing court to find that a defendant's prior convictions were committed on different occasions based on non… |
| 20-5966 | Keven A. Morgan v. United States District Court for the Eastern District of North Carolina | Fourth Circuit | 2020-10-08 | Denied | IFP | 4th-amendment 5th-amendment 6th-amendment attorney-general authorization-order criminal-procedure due-process jury-trial law-enforcement wire-tapping wiretapping | Whether law enforcement and the district attorney failed to attach the United States Attorney General's special designated authorization order and aut… |
| 20-5872 | Jesus Sanchez-Chacon v. United States | Fifth Circuit | 2020-10-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5848 | Richard Bridgeman Gustafson v. Oregon | Oregon | 2020-10-01 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial jury-unanimity ramos-v-louisiana sixth-amendment state-trial-procedure | Whether a criminal trial in the State of Oregon that did not guarantee a unanimous verdict, leading the defendant to choose a bench trial, was unconst… |
| 20-5867 | Jerome Ceasar Alverto v. Bryan Dwain Cline | Ninth Circuit | 2020-10-01 | Denied | IFP | civil-rights due-process jury-trial standing state-court takings | Whether the petitioner's due-process rights were violated by the state court's denial of his request for a jury trial |
| 20-5882 | Omero Nino-Guerrero v. United States | Fifth Circuit | 2020-10-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5813 | Glenn Young v. Darrel Vannoy, Warden | Fifth Circuit | 2020-09-25 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment jury-conviction jury-trial non-unanimous-verdict sixth-amendment | Is the State's evidence sufficient to sustain Young's nonunanimous conviction? |
| 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 | Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness |
| 20-5734 | Alfred Flores, III v. California | California | 2020-09-17 | Denied | IFP | capital-punishment constitutional-requirements criminal-procedure criminal-sentencing death-penalty due-process jury-findings jury-trial reasonable-doubt ring-v-arizona sentencing | whether-california's-death-penalty-scheme-violates-the-constitutional-requirement-that-any-fact-that-increases-the-penalty-for-a-crime-must-be-found-b… |
| 20-5741 | Juan Gabriel Sanchez-Hernandez v. United States | Fifth Circuit | 2020-09-17 | Denied | Response WaivedIFP | criminal-procedure due-process jury-trial recidivism sentencing Sixth-Amendment | Should the Court overrule Almendarez-Torres v. United States? |
| 20-5720 | Martin Garcia-Moreno v. United States | Ninth Circuit | 2020-09-16 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process elements-of-offense immigration-law jury-trial prior-conviction sentencing-factors sixth-amendment | Should the Court finally overrule Almendarez-Torres? |
| 20-5728 | Derrick A. Dotson v. Louisiana | Louisiana | 2020-09-16 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | batson-challenge collateral-review criminal-procedure equal-protection jury-selection jury-trial ramos-retroactivity retroactivity sixth-amendment teague-standard | Whether Ramos v. Louisiana applies to cases on state collateral review |
| 20-348 | Gregory Shawn Mercer v. E. A. Vega | Fourth Circuit | 2020-09-15 | Denied | Response WaivedRelisted (2) | circuit-split criminal-law criminal-procedure due-process guarantee-clause jury-trial sentencing statutory-interpretation summary-judgment supreme-clause | Whether a Circuit Split has arisen over the interpretation of 18 U.S.C. §924(e)(1) regarding simultaneous crimes |
| 20-5709 | Rickey Cole v. United States | Fifth Circuit | 2020-09-15 | Denied | Response WaivedIFP | and proven to a jury beyond a reasonable doubt? placed in the indictment burden-of-proof constitutional-law criminal-procedure due-process federal-sentencing grand-jury indictment jury-trial sentencing sentencing-guidelines | Whether facts that affect the minimum or maximum reasonable federal sentence must be found by a grand jury, placed in the indictment, and proven to a … |
| 20-5710 | Jaime E. Coca-Ortiz v. United States | Fifth Circuit | 2020-09-15 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5669 | Christopher Paul George v. United States | Ninth Circuit | 2020-09-11 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey constitutional-procedure criminal-restitution equity-practice fifth-amendment jury-trial jury-verdict seventh-amendment sixth-amendment | Whether Apprendi applies to a mandatory criminal restitution order, and whether the Seventh Amendment requires a restitution order to comply with trad… |
| 20-5653 | Hermenegildo Margarito Espinoza Espinoza v. United States | Fifth Circuit | 2020-09-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5608 | Michael Jonathon Besoyan v. Jimmy Yee, et al. | Ninth Circuit | 2020-09-08 | Denied | IFP | 8th-amendment civil-rights due-process equal-protection judicial-access jury-trial pro-se-litigant void-orders | Whether any court or tribunal should be allowed to deny or deprive any citizen of basic rights listed in the Bill of Rights and the 14th Amendment |
| 20-5528 | Miguel Romero v. California | California | 2020-09-04 | Denied | Response WaivedIFP | fourteenth-amendment jury-trial juvenile-adjudication prior-conviction sentencing-enhancement sixth-amendment | Whether the Sixth and Fourteenth Amendments preclude a trial court from using a prior juvenile adjudication to increase a defendant's maximum sentence… |
| 20-5479 | Santos Mondragon Benitez v. United States | Fifth Circuit | 2020-08-25 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-206 | Wanda Albritten v. California Department of Forestry and Fire Protection, et al. | California | 2020-08-21 | Denied | Response Waived | 14th-amendment 7th-amendment civil-jury-trial civil-rights due-process employment-discrimination fourteenth-amendment incorporation incorporation-doctrine jury-trial seventh-amendment summary-judgment | Is the Seventh Amendment right to a civil jury trial incorporated by the Fourteenth Amendment? |
| 20-5429 | Derrick T. Neville, Jr. v. United States | Seventh Circuit | 2020-08-20 | Denied | Response WaivedIFP | alleyne apprendi criminal-procedure jury-trial sentencing sixth-amendment | Whether a court can consistently apply the Sixth Amendment and the Court's holdings in Apprendi and Alleyne to require a jury to find facts that incre… |
| 20-5436 | Christy Santiago v. United States | Fourth Circuit | 2020-08-20 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process jury-trial sentencing-guidelines sixth-amendment | Does the Sixth Amendment's right to a jury trial prohibit courts from using acquitted conduct to vary significantly upward from a Sentencing Guideline… |
| 20-5363 | Reginald Jones v. Louisiana | Louisiana | 2020-08-14 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process felony-conviction firearm jury-trial jury-unanimity obstruction-of-justice ramos-precedent ramos-v-louisiana | Whether the Petitioner is entitled to be released from prison due to the State's failure to prove guilt by a unanimous jury verdict as required by Ram… |
| 20-5254 | Quintin I. Brown v. Virginia | Virginia | 2020-08-04 | Denied | IFP | appellate-review constitutional-rights criminal-procedure double-jeopardy due-process evidence-law felony jury-trial misdemeanor | Did the Commonwealth of Virginia trial court deny Mr. Brown his constitutional right to jury trial on the misdemeanor charges of receiving stolen prop… |
| 20-5226 | Jose Flores-Dominguez v. United States | Fifth Circuit | 2020-07-30 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-85 | Shirley Dimps v. Taconic Correctional Facility, et al. | Second Circuit | 2020-07-28 | Denied | Response Waived | 14th-amendment 7th-amendment administrative-exhaustion civil-procedure civil-rights constitutional-rights due-process jury-trial sovereign-immunity standing | Whether petitioner was denied the right to a jury trial, procedural due process, and the opportunity to call witnesses |
| 20-5161 | Roberto Gonzalez-Gatica v. United States | Fifth Circuit | 2020-07-27 | Denied | Response WaivedIFP | constitutional-procedure criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5173 | Juan Domingo Velazquez v. Texas | Texas | 2020-07-24 | Denied | IFP | court-appointed-counsel criminal-procedure defendant-rights due-process ineffective-assistance jury-trial plea-of-not-guilty right-to-counsel sixth-amendment structural-error | Was it structural error that violated Petitioner's Sixth Amendment autonomy rights when Petitioner's court-appointed counsel conceded his client's gui… |
| 20-5156 | Manuel Contreras Saucedo v. United States | Fifth Circuit | 2020-07-23 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing | Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 20-52 | Yeitza Marie Aponte-Bermudez v. Eligio Colón, et al. | First Circuit | 2020-07-22 | Denied | Response Waived | civil-procedure due-process expert-testimony federal-courts judgment-as-a-matter-of-law jury-evaluation jury-trial law-of-the-case rule-50 | May a federal district court consistent with the law-of-the-case doctrine grant judgment as a matter of law under Fed. R. Civ. P. 50(a) to respondents… |
| 20-5059 | Christopher Goodin v. United States | Sixth Circuit | 2020-07-14 | Denied | Response WaivedIFP | child-protection constitutional-rights criminal-penalty criminal-punishment jury jury-trial mandatory-restitution mandatory-statute restitution sexual-exploitation sixth-amendment | Does the Constitution's guarantee of trial by jury extend to awards of restitution under the Mandatory Restitution For Sexual Exploitation of Children… |
| 20-5028 | Richard Charles Lussy v. Wade J. Dahood | Montana | 2020-07-10 | Denied | Relisted (2)IFP | civil-procedure civil-rights constitutional-interpretation due-process free-speech jury-trial legal-procedure ministerial-oath oath-of-office standing stare-decisis | Whether to apply Federal Constitution: [A] bad speech to impeach hearsay-stare decisis with particularized legislated Montana Code Annotated |
| 20-5003 | Richard B. Woods v. Louisiana | Louisiana | 2020-07-09 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-error constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-1465 | Robert Marcelis v. Pennsylvania | Pennsylvania | 2020-07-07 | Denied | Response Waived | criminal-defendant criminal-procedure increased-sentence jury-finding jury-trial prior-convictions reasonable-doubt sentencing-enhancement sixth-amendment | Does the sixth amendment require a jury finding beyond a reasonable doubt that a criminal defendant has one or more prior convictions before an increa… |
| 19-8874 | Robert Warren Scully v. United States | Fifth Circuit | 2020-07-01 | Denied | Response WaivedIFP | constitutional-rights criminal-sentencing fact-finding fifth-amendment jury-trial restitution restitution-order sixth-amendment | Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury… |
| 19-8875 | David Gerard Jones v. Louisiana | Louisiana | 2020-07-01 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments |
| 19-8845 | Charles Grover Brant v. Florida | Florida | 2020-06-29 | Denied | IFP | constitutional-challenge death-penalty due-process eighth-amendment fact-finding fourteenth-amendment hurst-v-florida jury-trial jury-unanimity jury-waiver | Whether a waiver to an advisory, non-unanimous jury verdict lacking in any fact finding requirement under a death penalty scheme later determined to b… |
| 19-8832 | Stefan Van Der End v. United States | Second Circuit | 2020-06-26 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process jury-trial maritime-law nationality sixth-amendment | Whether the Fifth and Sixth Amendments are violated by the provision of the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70504(a), precluding jury c… |
| 19-1418 | Zoie H. v. Nebraska | Nebraska | 2020-06-25 | Denied | Amici (1) | 2nd-amendment 6th-amendment collateral-consequence constitutional-rights due-process firearm-rights jury-trial juvenile-court second-amendment sixth-amendment | Whether the Second and Sixth Amendments permit a state to deprive an individual of the Second Amendment right to keep and bear arms based on the commi… |
| 19-8791 | Jose Angel Vasquez-Soto v. United States | Fifth Circuit | 2020-06-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-8755 | Levi West v. United States | Sixth Circuit | 2020-06-19 | Denied | Response WaivedIFP | apprendi-doctrine armed-career-criminal-act constitutional-interpretation conviction-records criminal-procedure jury jury-trial sentencing sentencing-enhancement sixth-amendment | Is the different-occasions requirement an element for the jury to decide, or for the sentencing judge to decide? |
| 19-8738 | Charles Clark v. Vance Laughlin, Warden | Georgia | 2020-06-18 | Denied | IFP | competent-jurisdiction constitutional-violation due-process fifth-amendment jury-trial sixth-amendment state-trial-court subject-matter-jurisdiction venue | Is the Fourteenth Amendment of the United States Due Process Clause violated where the State court was without subject-matter-jurisdiction to pronounc… |
| 19-8740 | Anthony J. Williams v. Louisiana | Louisiana | 2020-06-18 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-law constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict sixth-amendment | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8702 | Billy Edward Sedberry v. United States | Fifth Circuit | 2020-06-15 | Denied | Response WaivedIFP | base-offense-level criminal-procedure drug-quantity judicial-fact-finding jury-trial methamphetamine sentencing sentencing-guidelines sixth-amendment | Whether the district court procedurally erred in miscalculating Sedberry's drug quantity base offense level |
| 19-8711 | Willie Dunn v. Louisiana | Louisiana | 2020-06-15 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-rights criminal-conviction criminal-procedure due-process fourteenth-amendment judicial-review jury-trial jury-unanimity sixth-amendment state-courts | Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-1358 | Michigan v. William Larenzo Shoulders | Michigan | 2020-06-11 | Denied | Response Waived | alleyne-v-us criminal-procedure criminal-sentencing indeterminate-sentencing jury-determination jury-trial michigan-law michigan-supreme-court parole parole-eligibility sentencing-guidelines sixth-amendment | Whether the Sixth Amendment requires a state to impanel a jury to determine the offense-related facts which establish a criminal defendant's earliest … |
| 19-8655 | Milton Barrios-Alvarado v. United States | Fifth Circuit | 2020-06-11 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States Apprendi-v-New-Jersey certiorari criminal-procedure due-process fifth-circuit jury-trial overrule petition sentencing supreme-court writ | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-8675 | Issac Oral Chandler v. United States | Fifth Circuit | 2020-06-11 | Denied | Response WaivedIFP | constitutional-challenge criminal-sentencing due-process fifth-amendment jury-trial reasonable-doubt revocation sixth-amendment statutory-interpretation supervised-release | Should this Court grant review to determine whether the mandatory provision for revocation of supervised release set forth in 18 U.S.C. § 3583(g) viol… |
| 19-8659 | Steven Adam Segovia v. United States | Fifth Circuit | 2020-06-10 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing | Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 19-1338 | Briley W. Piper v. Darrin Young, Warden | South Dakota | 2020-06-04 | Denied | criminal-procedure cumulative-error ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver plea-bargaining pre-plea-advisory prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-jury-trial waiver-of-jury-sentencing waiver-of-jury-trial | Whether the faulty pre-plea advising applies to both the waiver of jury trial and waiver of jury sentencing, requiring a remand to allow Piper to make… | |
| 19-1320 | Veronica M. Johnson v. Rock Solid Janitorial, Inc., et al. | Virginia | 2020-05-29 | Denied | appeal civil-case civil-procedure civil-rights constitutional-violation de-novo-review due-process judicial-procedure jury-trial motion-to-dismiss remand standing | Whether the second Judge who presided in Plaintiffs civil case violated the Constitution by denying Plaintiff's demand for a jury trial, again, after … | |
| 19-8561 | Jesus Julian Corona-Perez v. United States | Fifth Circuit | 2020-05-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | crime-of-violence criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing sentencing-guidelines statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-8544 | Hubert Carter v. United States | Eighth Circuit | 2020-05-27 | Denied | Response WaivedIFP | armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment statutory-interpretation | Does the judicial determination of crimes 'committed on occasions different from one another' at sentencing under the Armed Career Criminal Act, 18 U.… |
| 19-8493 | Mark Stinson v. Dewayne Hendrix, Warden | Eighth Circuit | 2020-05-18 | Denied | Response WaivedRelisted (2)IFP | conspiracy criminal-law due-process federal-jurisdiction jury-trial ptsd | Can husband and wife be charged with conspiracy despite the husband's PTSD diagnosis? |
| 19-8440 | Katherine O'Neal v. United States | Tenth Circuit | 2020-05-12 | Denied | Response WaivedIFP | appellate-review constitutional-error evidence-admission harmless-error jury-trial overwhelming-evidence sixth-amendment | Whether a constitutional error in the admission of evidence is harmless based on the strength of the untainted proof or the error's contribution to th… |
| 19-8425 | Chayce Aaron Anderson v. Colorado | Colorado | 2020-05-08 | Denied | Response WaivedRelisted (2)IFP | confrontation-clause constitutional-rights cross-examination due-process fair-trial jailhouse-informant jury-trial prejudicial-evidence | Whether the district court erred in limiting the scope of cross-examination of a jailhouse informant, denying the defendant's constitutional right to … |
| 19-1268 | Jeanetta Springer, et vir v. Wells Fargo Bank, N.A., et al. | Eleventh Circuit | 2020-05-06 | Denied | Response Waived | civil-procedure civil-rights color-of-law due-process judicial-bias judicial-immunity judicial-misconduct jury-trial pro-se-litigation recusal standing | Can a court force a pro se litigant to a bench trial despite demand for jury trial? |
| 19-1269 | TCL Communication Technology Holdings Limited, et al. v. Telefonaktiebolaget LM Ericsson, et al. | Federal Circuit | 2020-05-06 | Denied | Amici (5) | antitrust equitable-relief frand frand-commitment jury-trial patent patent-infringement patent-licensing seventh-amendment specific-performance standard-essential-patents standard-setting-organizations | Whether a patent owner required to license its standard-essential patents on fair, reasonable, and non-discriminatory terms has a Seventh Amendment ri… |
| 19-8374 | In Re Sha'Ron A. Sims | 2020-04-29 | Denied | Relisted (2)IFP | bankruptcy bankruptcy-law chapter-13 civil-rights constitutional-law constitutional-rights due-process jury-trial property-rights | Do debtors have a right to jury trial in Chapter 13 bankruptcy disputes over primary residence claims? | |
| 19-8342 | Dearieus Duheart v. United States | Fifth Circuit | 2020-04-23 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit the use of acquitted conduct to enhance a defendant's sentence? |
| 19-8338 | Charles P. Mayeux, Jr. v. Louisiana | Louisiana | 2020-04-22 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-amendments criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-amendment fourteenth-amendment jackson-v-virginia jury-trial non-unanimous-verdict sixth-amendment | Whether a conviction based upon a non-unanimous verdict violates the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8289 | Jose Yeyille v. Cecilia M. Altonaga, et al. | Eleventh Circuit | 2020-04-17 | Denied | IFP | appellate-procedure civil-procedure dismissal district-court-review due-process equal-protection fifth-amendment in-forma-pauperis jury-trial seventh-amendment standing | Whether the district court appropriately resolved genuine issues of disputed facts; correctly applied legal conclusions; and provided any statement ex… |
| 19-8271 | Loren J. Larson, Jr. v. Alaska | Alaska | 2020-04-16 | Denied | Response WaivedIFP | equal-protection impartial-jury juror-bias jury-trial jury-trial-right no-impeachment-rule racial-bias sixth-amendment | Whether a no-impeachment rule constitutionally may bar evidence of juror bias when offered to prove a violation of the Sixth Amendment to an impartial… |
| 19-1218 | Marcus Lee Robinson v. Colorado | Colorado | 2020-04-16 | Denied | Response RequestedResponse WaivedRelisted (2) | civil-rights criminal-procedure due-process fair-trial jury-bias jury-trial plain-error prosecutor-misconduct prosecutorial-misconduct racial-bias racial-discrimination racial-prejudice | Whether a prosecutor's blatant appeals to racial prejudice constitute plain error, even if the defendant cannot show that they altered the jury's verd… |
| 19-8255 | Emilio Medina-Rodriguez v. United States | Fifth Circuit | 2020-04-14 | Denied | Response WaivedIFP | case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-review jury-trial precedent sentencing statutory-interpretation supreme-court writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-8239 | Robert Ybarra, Jr. v. William Gittere, Warden, et al. | Nevada | 2020-04-10 | Denied | IFP | aggravating-factors constitutional-rights death-penalty due-process jury-determination jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-procedure | Did the Nevada Supreme Court violate Ybarra's constitutional rights by holding that the outweighing determination—a finding that exposed Ybarra to a g… |
| 19-1202 | Thomas Taffe, et al. v. First National Bank of Alaska | Alaska | 2020-04-08 | Denied | Response Waived | access-to-courts civil-rights constitutional-rights due-process jury-trial legal-standards pro-se pro-se-litigant pro-se-litigants standing summary-judgment systemic-bias | Did a systemic bias against pro se litigants lead to the unconstitutional denial of Petitioners' right to a jury trial in this case? |
| 19-8192 | John Bejarano v. William Gittere, Warden, et al. | Nevada | 2020-04-06 | Denied | IFP | aggravating-factors appellate-reweighing apprendi clemons-v-mississippi constitutional-rights death-penalty jury-trial reweighing sixth-amendment | Whether the Nevada Supreme Court's reweighing of aggravating and mitigating factors to uphold a death sentence violates the Sixth Amendment right to a… |
| 19-8156 | John Stancu v. Hyatt Corporation | Fifth Circuit | 2020-04-01 | Denied | IFP | 7th-amendment age-discrimination civil-rights discovery-rights due-process employment-law jury-trial seventh-amendment standing | Did the district court and the 5th Circuit usurped the Seventh Amendment to the United States Constitution by wrongly denying Stancu's right to a jury… |
| 19-8062 | Troy Anthony LeBouef v. Darrel Vannoy, Warden | Fifth Circuit | 2020-03-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Was LeBouef entitled to a unanimous jury verdict under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8039 | Jeffrey Clark v. Louisiana | Louisiana | 2020-03-18 | Denied | IFP | counsel-conflict criminal-trial death-penalty due-process eighth-amendment faretta-waiver jury-trial right-to-counsel right-to-self-representation self-representation sixth-amendment | Whether a defendant's waiver of counsel is not knowing, intelligent and voluntary when the defendant's only other option was to proceed to trial with … |
| 19-7984 | Danny Pereda v. United States | Ninth Circuit | 2020-03-13 | Denied | Response WaivedIFP | 6th-amendment civil-rights constitutional-law criminal-law due-process government-discretion government-procedures jury-trial sentencing-guidelines | Whether it is unconstitutional to provide such discretion to courts to deny defendants their Sixth Amendment right to a jury trial and instead impose … |
| 19-7957 | Damar D. Ruffin v. United States | Sixth Circuit | 2020-03-12 | Denied | Response WaivedIFP | appeals appellate-review controlled-substance controlled-substances criminal-procedure double-jeopardy due-process evidence evidence-law jury-instruction jury-trial reversible-error sentencing standard-of-review | Whether the court of appeals committed reversible error in determining the amount of a controlled substance |
| 19-7968 | Akube Wuromoni Ndoromo v. William P. Barr, Attorney General, et al. | District of Columbia | 2020-03-12 | Denied | Response WaivedRelisted (2)IFP | 4th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process equal-protection fifth-amendment fourteenth-amendment fourth-amendment jury-trial seventh-amendment standing takings | Does the Fourth Amendment protect the right of the people to be secure therein? |
| 19-7936 | James Zavaglia v. Boston University School of Medicine | First Circuit | 2020-03-10 | Denied | IFP | administrative-law but-for-causation causation-standard chevron-deference civil-rights due-process employment-discrimination family-medical-leave-act fmla-interference jury-trial medical-leave motivating-factor reeves-v-sanderson retaliation standing summary-judgment | Whether the lower courts are correct to apply Nassar to FMLA cases |
| 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 | Did the warrantless search of an automobile exceed the scope of the automobile exception? |
| 19-7833 | Inocente Rodriguez-Juarez v. United States | Fifth Circuit | 2020-03-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7834 | Travis Soto v. Ohio | Ohio | 2020-03-02 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure federal-courts fifth-amendment finality plea-bargaining constitutional-rights criminal-procedure double-jeopardy federal-courts fifth-amendment finality jury-trial plea-agreement plea-bargaining | Whether the Double Jeopardy Clause attaches to charges dismissed during a negotiated plea agreement |
| 19-7768 | Jibriil A. Hersi v. Harold May, Warden | Sixth Circuit | 2020-02-27 | Denied | Response WaivedIFP | access-to-courts coercion constitutional-rights criminal-procedure due-process evidence-sufficiency judicial-misconduct jury-trial police-misconduct prosecutorial-discretion prosecutorial-misconduct right-to-appeal transcript trial-irregularities | Whether I am entitled to get the missing records from my trial in Medina County, Ohio for statements made by the judge outside the hearing of the jury… |
| 19-7779 | Freddy Garcia v. Texas | Texas | 2020-02-26 | Denied | IFP | constitutional-error criminal-procedure due-process due-process,criminal-procedure,constitutional-erro harmless-error indictment indictment-variance jury-conviction jury-trial standard-of-review | When a defendant is convicted of an offense for which he was not indicted, and has preserved the issues of constitutional error, what factors should a… |
| 19-7707 | Elijah Loren Arthur v. United States | Ninth Circuit | 2020-02-19 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey criminal-fines criminal-restitution due-process jury-determination jury-trial sentencing-guidelines southern-union-co-v-united-states statutory-maximum | Should the Court extend the rule of Apprendi to the award of criminal restitution? |
| 19-1028 | Alina Korsunska v. Chad Wolf, Acting Secretary of Homeland Security | Ninth Circuit | 2020-02-19 | Denied | Response Waived | credibility employment-discrimination evidence-law intent-and-motivation intent-motivation jury-trial material-dispute retaliation summary-judgment title-vii | Should summary judgment be avoided in employment discrimination and retaliation cases where outcome depends on credibility determination? |
| 19-7649 | Socorro Susan Caro v. California | California | 2020-02-12 | Denied | IFP | aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c… |
| 19-7608 | Juan Perez-Roman v. United States | Fifth Circuit | 2020-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-967 | Craig M. Wood v. Missouri | Missouri | 2020-02-03 | Denied | Relisted (2) | capital-punishment capital-sentencing constitutional-rights death-penalty due-process eighth-amendment jury-determination jury-trial sentencing sixth-amendment | Whether the Constitution requires that a jury, rather than a judge, weigh the aggravating and mitigating circumstances to determine whether a defendan… |
| 19-7480 | David Paul Lynch v. United States | Eleventh Circuit | 2020-01-29 | Denied | Response WaivedIFP | appellate-review constitutional-error eleventh-circuit harmless-error hearsay hearsay-statements jury-trial precedent sixth-amendment weight-of-evidence | Did the Eleventh Circuit violate this Court's precedent on harmless error |
| 19-7481 | Patrick Henry Murphy v. Texas | Texas | 2020-01-29 | Denied | IFP | 28-usc-2254 capital-murder capital-punishment constitutional-law death-penalty due-process enmund-v-florida federal-habeas jury-determination jury-trial sentencing tison-v-arizona | Does Ring dictate that a jury determine whether a capital murder defendant is eligible for a sentence of death under Enmund and Tison, and, if so, is … |
| 19-7484 | Jose Candelario Perez-Cruz v. United States | Eleventh Circuit | 2020-01-29 | Denied | Response WaivedIFP | criminal-procedure jurisdiction jurisdictional-dispute jury-trial maritime-drug-law-enforcement-act maritime-law mdlea pretrial-hearing stateless-vessel trial-procedure | Whether the Court of Appeals clearly erred in upholding the District Court's conclusion that jurisdiction in a stateless vessel case under the MDLEA i… |
| 19-7429 | Louis Mitchell, Jr. v. California | California | 2020-01-28 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment aggravating-circumstances aggravating-mitigating-circumstances constitutional-rights death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-determination jury-trial mitigating-circumstances reasonable-doubt sixth-amendment | Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 19-7431 | Brandon J. Lofland v. Connie Horton, Warden | Sixth Circuit | 2020-01-27 | Denied | Response WaivedIFP | constitutional-review criminal-procedure due-process habeas-corpus identification-testimony ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia jury-trial miscarriage-of-justice procedural-default state-procedural-rules sufficiency-of-evidence | Whether a 'mere modicum' of evidence is sufficient to sustain a conviction |
| 19-7379 | Lee Samuel Capers v. California | California | 2020-01-22 | Denied | IFP | constitutional-requirement criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum | Whether California's death penalty scheme violates the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior… |
| 19-915 | Donald Henderson Scott, et ux. v. U.S. Bank National Association, et al. | Eighth Circuit | 2020-01-22 | Denied | appellate-review circuit-court civil-procedure civil-rights due-process federal-court jurisdiction jury-trial standing supreme-court | Whether the United States Court of Appeal for the Eighth Circuit misapprehended its jurisdiction in a way that conflicts with decisions of the U.S. Su… | |
| 19-7322 | Gerardo Sanchez-Miranda v. United States | Fifth Circuit | 2020-01-21 | Denied | IFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 19-7333 | Eduardo Luis Martinez-Paz v. United States | Fifth Circuit | 2020-01-17 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7289 | Willis Shane Gordon v. Sam Cline, Warden | Tenth Circuit | 2020-01-15 | Denied | Response WaivedIFP | apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines | Issues being raised |
| 19-7294 | Mohammed Kwaning v. United States | Fourth Circuit | 2020-01-15 | Denied | Response WaivedIFP | apprendi civil-rights confrontation-clause constitutional-rights due-process evidence fair-trial hearsay hearsay-testimony judicial-error jury-trial material-evidence preponderance-of-evidence sentencing sentencing-enhancement | Whether the Government officials conduct violated Petitioner's constitutional rights? |
| 19-7298 | James Lee Bell v. Florida | Florida | 2020-01-15 | Denied | Response WaivedIFP | apprendi-precedent blakely-rule criminal-procedure due-process judicial-discretion jury jury-trial mandatory-minimum recidivism recidivist-treatment sentencing sentencing-enhancement | Was the limitation of Almendarez-Torres and the dictates of Apprendi and Blakely violated? |
| 19-7254 | John Garrett Smith v. Washington | Washington | 2020-01-13 | Dismissed | IFP | criminal-procedure due-process fifth-amendment grand-jury indictment jury-trial martial-law military-justice sixth-amendment | Whether the absence of a grand jury indictment violates due process and the right to a jury trial under the Fifth and Sixth Amendments |
| 19-7259 | John Afriyie v. United States | Second Circuit | 2020-01-13 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey criminal-forfeiture due-process insider-trading jury-trial libretti-v-united-states sixth-amendment | Whether the court of appeals erred in affirming a criminal forfeiture judgment encompassing all potential trades despite a general jury verdict and th… |
| 19-7251 | William McNeal v. Florida | Florida | 2020-01-10 | Denied | Response WaivedIFP | Apprendi apprendi-standard apprendi-v-new-jersey criminal-law criminal-procedure degree-classification due-process essential-element essential-elements jury-trial reclassification sentencing sentencing-enhancement statutory-interpretation | Whether Florida's interpretation of 'essential element' is contrary to Apprendi v. New Jersey |
| 19-7220 | Francisco Guerrero-Saucedo v. United States | Fifth Circuit | 2020-01-09 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7202 | Terence C. Powell v. Lab Corporation, et al. | Second Circuit | 2020-01-08 | Denied | Response WaivedIFP | 14th-amendment 7th-amendment chain-conspiracy civil-procedure civil-rights civil-trial due-process fourteenth-amendment jury-right jury-trial privileges-and-immunities seventh-amendment | Whether the Court of Appeals correctly affirmed the District Court's granting the defendant's Motions to Dismiss violates the protections of the Seven… |
| 19-7215 | Jerry Jabbari Rhodes v. United States | Fourth Circuit | 2020-01-08 | Denied | IFP | acquittal constitutional-rights criminal-procedure double-jeopardy due-process judicial-sentencing jury-trial sentencing sixth-amendment watts-decision | Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty? |
| 19-7142 | General P. Haymon v. Michael Johnson | California | 2020-01-06 | Denied | IFP | 7th-amendment civil-rights constitutional-rights dred-scott due-process equal-protection jury-trial race racial-discrimination seventh-amendment standing | Whether a state can deprive a descendant of enslaved people the right to a jury trial |
| 19-7181 | Anna Bell v. Oregon Health & Science University | Oregon | 2020-01-06 | Denied | Response WaivedIFP | 14th-amendment 7th-amendment access-to-justice civil-procedure civil-rights constitutional-rights due-process equal-protection jury-trial pro-se-representation right-to-counsel right-to-jury-trial self-representation | Does denying a pro se individual or public a proper course of justice by a Court violate prior U.S. Supreme Court rulings and The Ninth Amendment to t… |
| 19-7120 | Gilbert Sanchez v. Texas | Texas | 2019-12-31 | Denied | IFP | apprendi-v-new-jersey blakely-v-washington criminal-appeals criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus in-re-winship jury-trial right-to-trial-by-jury sixth-amendment texas-constitution | Is the Fourteenth Amendment of the United States Constitution violated when the Texas Court of Criminal Appeals denies an Applicant habeas relief base… |
| 19-7088 | Marcos Cortez-Rogel v. United States | Fifth Circuit | 2019-12-30 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7104 | Julio Cesar Pacheco-Astrudillo v. United States | Fifth Circuit | 2019-12-30 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7063 | Leeton Jahwanza Thomas v. Pennsylvania | Pennsylvania | 2019-12-26 | Denied | IFP | capital-punishment capital-sentencing death-penalty eighth-amendment fourteenth-amendment jury-trial reasonable-doubt sixth-amendment | Were Petitioner's rights under the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution violated by a Pennsylvania statutory sch… |
| 19-799 | Streambend Properties II, LLC, et al. v. Ivy Tower Minneapolis, LLC, et al. | Minnesota | 2019-12-23 | Denied | Response Waived | civil-procedure constitutional-rights dismissal-with-prejudice due-process equal-protection failure-to-state-claim jury-trial jury-trial-rights pleadings standing | Whether the lower court erred in dismissing with prejudice Petitioners' claims for failing to state a claim for which relief may be granted |
| 19-7040 | Dalia A. Dippolito v. Florida | Florida | 2019-12-20 | Denied | Response WaivedIFP | criminal-defense criminal-law criminal-liability criminal-procedure due-process entrapment factual-disputes jury-trial objective-entrapment state-law trial-by-jury trial-court-proceedings | Where state law recognizes objective entrapment as a complete defense to criminal liability, and that defense turns on disputed issues of fact, does r… |
| 19-776 | James Wesley Amonett, Jr. v. Virginia | Virginia | 2019-12-18 | Denied | Response Waived | contract-enforcement contract-law criminal-procedure criminal-procedure-contract-enforcement due-process jury-trial law-enforcement plea-bargaining police-authority police-promises right-to-jury-trial sixth-amendment | Whether the police can promise someone who they have arrested a specific benefit in exchange for the arrestee's cooperation and whether that contract … |
| 19-6906 | Datanya Damon Alexander v. United States | Fifth Circuit | 2019-12-11 | Denied | IFP | constitutional-law criminal-procedure due-process fifth-circuit-review indictment jury-determination jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement | Whether this Court should hold the instant petition in light of Shular v. United States |
| 19-6910 | Alfred T. Moliere v. Texas | Texas | 2019-12-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi apprendi-rule apprendi-v-new-jersey article-42.013 constitutional-rights criminal-penalties criminal-penalty family-violence firearm-possession jury-determination jury-trial right-to-bear-arms unconstitutional | Whether Article 42.013 of the Texas Code of Criminal Procedure contravenes Apprendi v. New Jersey by requiring judges, not juries, to make family-viol… |
| 19-6901 | Alonso Barrera-Montes v. United States | Eleventh Circuit | 2019-12-10 | Denied | IFP | appellate-review confrontation-clause criminal-procedure department-of-state due-process evidence evidence-admission hearsay hearsay-rule jurisdiction jury-trial | Whether the court of appeals erred in upholding the admission of evidence that violated the hearsay rule and the defendant's confrontation rights |
| 19-6876 | Mauricio Aguirre, aka Mauricio Aguirre-Orcutt, aka Peter Holston-Aguirre, aka Peter Holston, aka Miller Aguirre v. United States | Fifth Circuit | 2019-12-09 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure due-process fifth-amendment indictment jury-trial sentencing sentencing-modification sixth-amendment supervised-release | Whether a federal defendant may suffer additional imprisonment on the basis of facts that have never been placed in an indictment, nor proven to a jur… |
| 19-6783 | Virgil Lamont Jarvis v. David Allison, Sheriff, Pearl River County, Mississippi, et al. | Fifth Circuit | 2019-12-02 | Denied | Relisted (2)IFP | administrative-review appeal-rights appeals civil-procedure civil-rights district-court due-process exhaustion-of-administrative-remedies in-forma-pauperis jury-trial legal-procedure prison-litigation-reform-act standing summary-judgment | Whether officials can refuse to process inmate grievances and then dismiss a subsequent civil rights lawsuit for failure to exhaust administrative rem… |
| 19-6795 | Abraham Conde-Herrera v. United States | Fifth Circuit | 2019-12-02 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6796 | Valentin Castanon-Renteria v. United States | Fifth Circuit | 2019-12-02 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6781 | Donato Luna-Quintero v. Indiana | Indiana | 2019-11-29 | Denied | Response WaivedIFP | constitutional-rights due-process effective-assistance effective-assistance-of-counsel foreign-defendant jury-trial language-barrier language-barriers limited-english-proficiency right-to-counsel waiver | Whether the defendant's constitutional right to a jury trial was properly waived, and whether counsel provided effective assistance, when the defendan… |
| 19-6773 | Edgar Ortega-Limones v. United States | Fifth Circuit | 2019-11-27 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6679 | Horatio Johnson v. Louisiana | Louisiana | 2019-11-19 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-verdict sixth-amendment state-court state-criminal-procedure | Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a state-court crimi… |
| 19-6662 | Shane E. Jones v. United States | Eighth Circuit | 2019-11-18 | Denied | IFP | armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment sixth-amendment-right statutory-interpretation | Does the judicial determination of crimes 'committed on occasions different from one another' at sentencing under the Armed Career Criminal Act, 18 U.… |
| 19-625 | Rita Guerrero, Individually and as the Special Administrator of the Estate of Celso N. Guerrero v. BNSF Railway Company | Seventh Circuit | 2019-11-15 | Denied | Response Waived | federal-employers-liability-act interstate-commerce interstate-rail-service jury-trial negligence scope-of-employment seventh-amendment summary-judgment | Whether the decision by the Seventh Circuit panel conflicts with provisions of the Federal Employers' Liability Act, and the uniform precedents of thi… |
| 19-6616 | Alberino Magi v. United States | Ninth Circuit | 2019-11-13 | Denied | Response WaivedIFP | apprendi apprendi-rule apprendi-v-new-jersey constitutional-procedure criminal-fines criminal-penalty criminal-restitution due-process jury-finding jury-findings jury-trial sentencing southern-union southern-union-v-united-states | Should the rule of Apprendi apply to the imposition of criminal restitution? |
| 19-6582 | Roberto Carlos Martinez-Mendoza v. United States | Fifth Circuit | 2019-11-12 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6500 | Horacio Dominguez-Villalobos v. United States | Fifth Circuit | 2019-11-05 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6390 | Edward L. Collins v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-10-24 | Denied | Response WaivedIFP | constitutional-violation due-process eighth-amendment equal-protection fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel jury-trial miranda-rights self-incrimination sixth-amendment | Was the Petitioner's right to due process and freedom from self-incrimination violated? |
| 19-6284 | Jose L. Cabrera-Cosme v. United States | First Circuit | 2019-10-17 | Denied | Response WaivedRelisted (2)IFP | acquitted-conduct due-process jury-trial mcmillin-v-pennsylvania sentencing sixth-amendment uncharged-conduct united-states-v-watts | Whether a reasonable jurist could find debatable Petitioner's Sixth Amendment was violated |
| 19-6290 | Servando Pineda-Castellanos v. United States | Fifth Circuit | 2019-10-17 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6265 | Alex Knight v. United States | Eleventh Circuit | 2019-10-16 | Denied | IFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and/or Sixth Amendments are violated when a district court increases a criminal defendant's sentence based upon conduct for which a … |
| 19-6276 | Robert Wayne Wilson, Jr. v. California | California | 2019-10-16 | Denied | Response WaivedIFP | child-sexual-abuse constitutional-rights criminal-procedure due-process false-allegations jury-trial presumption-of-innocence trial-by-jury | Does testimony that only four percent of child sexual abuse allegations are false violate the defendant's rights to trial by jury, to the presumption … |
| 19-6235 | Scott Thomas Erskine v. California | California | 2019-10-10 | Denied | IFP | aggravating-circumstances capital-sentencing constitutional-amendments cruel-and-unusual-punishment death-penalty due-process equal-protection jury-trial jury-unanimity narrowing-requirement sentencing | Does California's death penalty statute violate the Fifth, Sixth, Eighth, and Fourteenth Amendments? |
| 19-6199 | Emeterio Espino Ramirez v. United States | Fifth Circuit | 2019-10-09 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6230 | Claudius L. Fincher v. United States | Seventh Circuit | 2019-10-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process factual-question jury-determination jury-trial mandatory-minimum safety-valve safetyvalve-statute sentencing sixth-amendment | Does the district court's resolution of a contested factual question under 18 U.S.C. § 3553(f) (safety-valve statute) for the purpose of determining w… |
| 19-419 | Antonio L. Saulsberry v. Randy Lee, Warden | Sixth Circuit | 2019-09-27 | Denied | Response Waived | constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-trial precedent retrial sixth-amendment verdict | Whether the Double Jeopardy Clause bars retrial of a defendant on a charge that was submitted to a jury at a prior trial but as to which that jury did… |
| 19-6094 | Andres Herrera-Segovia v. United States | Fifth Circuit | 2019-09-27 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6042 | Gerardo Tajonar Cortes v. United States | Fifth Circuit | 2019-09-25 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-390 | William James, et al. v. Barbara Hunt, et al. | Eleventh Circuit | 2019-09-24 | Denied | Response Waived | civil-rico collateral-estoppel constitutional-amendments due-process federal-procedure final-judgment-act first-amendment fraud-upon-court fraud-upon-the-court interlocutory-appeal jury-trial obstruction-of-justice | Whether district court orders denied petitioner's Civil RICO rights, |
| 19-6049 | Lawrence T. Tyler v. United States | Fifth Circuit | 2019-09-24 | Denied | Response WaivedIFP | collateral-consequences coram-nobis criminal-sentencing deportation fact-finding fourth-amendment habeas-corpus ineffective-assistance-of-counsel judicial-fact-finding jury-trial loss-amount reasonable-doubt search-and-seizure sixth-amendment | Whether a Certificate-Of-Appealability should be granted |
| 19-6017 | Randy Matthew Cordero v. Nick A. Guzman, et al. | Ninth Circuit | 2019-09-20 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-rights due-process jury-instruction jury-trial personal-injury standing trial-fairness | issue being raised |
| 19-5973 | Wilfred Warren Sheppard v. Texas | Texas | 2019-09-19 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus jury-trial sixth-amendment supreme-court-precedent united-states-constitution | Whether the Texas Criminal Court of Appeals has ruled in a manner which conflicts with the Fifth and Sixth Amendment of the U.S. Constitution |
| 19-5989 | Errol Victor, Sr. v. Louisiana | Louisiana | 2019-09-18 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | 13th-amendment 14th-amendment civil-rights constitutional-provision direct-review due-process equal-protection fourteenth-amendment jury-trial jury-unanimity retroactivity state-constitutional-law thirteenth-amendment verdict-retroactivity | Whether it denies defendant's Fourteenth and Thirteenth Amendment Rights while on direct review not to retroactively vacate a non-unanimous jury verdi… |
| 19-5961 | Mark Whitehead v. United States | Ninth Circuit | 2019-09-17 | Denied | Response WaivedIFP | constitutional-due-process constitutional-law criminal-contempt due-process judicial-bias judicial-ethics judicial-impartiality judicial-recusal jury-trial recusal trial-procedure | Whether a trial judge that has had a significant hand in the accusatory process of a criminal contempt jury trial should be recused from presiding ove… |
| 19-5913 | Sammie Lee Smith, IV v. Florida | Florida | 2019-09-12 | Denied | Response WaivedIFP | aggravated-crime aggravated-offense alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-charging criminal-procedure due-process jury-determination jury-trial mandatory-minimum sentencing sexual-felony | Whether the facts triggering a mandatory minimum sentence under Florida's Dangerous Sexual Felony Offender Act, § 794.0115, Fla. Stat. (2016), togethe… |
| 19-5907 | Luis Castaneda-Torres v. United States | Fifth Circuit | 2019-09-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-5889 | Jonathan Torres-Arroyo v. New Jersey | New Jersey | 2019-09-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | alleyne-precedent alleyne-v-united-states criminal-procedure judicial-findings jury-trial mandatory-minimum ring-v-arizona sentencing sentencing-court state-v-kiriakakis | Did the New Jersey Courts make an invalid distinction from Alleyne v. United States, 570 U.S. 99 (2013), in holding that the defendant's right to a ju… |
| 19-5865 | Pablo Sauste Balderas v. United States | Fifth Circuit | 2019-09-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-315 | Endre Glenn v. Brennan H. Moss, et al. | Tenth Circuit | 2019-09-06 | Denied | civil-procedure civil-rights docketing due-process equal-protection fourteenth-amendment jury-trial seventh-amendment summary-judgment | Whether U.S. District Court violated client's right to jury trial under U.S. Const. Amend VII, and XIV due process, equal protection of the laws | |
| 19-5829 | Yoni Castro-Lopez v. United States | Fifth Circuit | 2019-09-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-5807 | Thedrick Edwards v. Darrel Vannoy, Warden | Fifth Circuit | 2019-09-04 | Judgment Issued | Amici (20)Response RequestedResponse WaivedRelisted (4)IFP | constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-selection jury-trial jury-unanimity sixth-amendment state-law | Whether Louisiana's non-unanimous jury requirement for crimes requiring life sentences violates the Sixth Amendment and Fourteenth Amendment of the Un… |
| 19-5817 | Kendrick Taylor v. Louisiana | Louisiana | 2019-09-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apodaca-v-oregon criminal-procedure criminal-trial fourteenth-amendment incorporation-doctrine johnson-v-louisiana jury-trial jury-unanimity sixth-amendment supreme-court-precedent unanimous-verdict | Whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requirement be required in state… |
| 19-280 | Judy Long v. Alameda Unified School District | Ninth Circuit | 2019-09-03 | Denied | appellate-procedure appellate-review civil-procedure civil-rights due-process judicial-procedure jury-trial motion-dismissal standard-of-review standing summary-judgment | What is the appropriate standard of review when a trial court improperly grants a motion for summary judgment dismissing the right to a jury trial? | |
| 19-5785 | Raul Zapata-Dominguez v. United States | Fifth Circuit | 2019-09-03 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure fourth-amendment home-search indictment jury-trial liberty-deprivation liberty-interest overbreadth probation probation-supervision statutory-maximum statutory-reasonableness supervised-release supervision vagueness | Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl… |
| 19-250 | Oklahoma v. Jesse Allen Johnson | Oklahoma | 2019-08-26 | GVR | Response RequestedResponse WaivedRelisted (5) | constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment jury-factfinding jury-trial juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sixth-amendment | Does the Sixth Amendment require that the individualized sentencing proceeding necessary to impose a life-without-parole sentence upon a juvenile homi… |
| 19-5693 | Harlow Hutchinson v. Louisiana | Louisiana | 2019-08-23 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 19-5541 | Quianna S. Canada v. Texas Mutual Insurance Company, et al. | Fifth Circuit | 2019-08-09 | Denied | Response WaivedIFP | 7th-amendment civil-procedure civil-rights constitutional-rights due-process employment-law jury-trial retaliation seventh-amendment summary-judgment title-vii | Can federal courts use summary judgment motions to divest the Petitioner's Seventh Amendment right to a jury trial? |
| 19-5455 | Jesus Rios-Garza v. United States | Fifth Circuit | 2019-08-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-5442 | Shanta G. Phillips-Berry v. Kenner Police Department, et al. | Fifth Circuit | 2019-08-06 | Denied | IFP | abuse-of-discretion civil-procedure civil-rights constitutional-due-process due-process evidentiary-requirements fair-trial judicial-discretion jury jury-trial legal-standards standing trial-procedure | What if district court abused its discretion by not relying on the erroneous legal premise that a citizen(s) of the state of Louisiana and this great … |
| 19-5394 | Michael Leon Bell v. California | California | 2019-07-30 | Denied | IFP | aggravating-circumstances capital-punishment constitutional-procedure death-penalty due-process fourteenth-amendment jury-fact-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-standards sixth-amendment | Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m… |
| 19-5301 | Aaron Orlando Richards v. Louisiana | Louisiana | 2019-07-25 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-interpretation criminal-procedure double-jeopardy due-process equal-protection first-degree-murder jury-trial jury-unanimity jury-verdict legislative-amendment non-unanimous-verdict prosecutorial-discretion unanimous-verdict | Did the appellate court err in its interpretation of Apodaca and Bertrand? |
| 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 |
| 19-5247 | Charles Michael Hedlund v. Arizona | Arizona | 2019-07-22 | Denied | Relisted (2)IFP | criminal-procedure death-penalty due-process eddings-v-oklahoma habeas-corpus jury-trial sentencing | Whether the correction of error under Eddings v. Oklahoma requires resentencing |
| 19-5259 | Edgar Armand Hernandez-Castillo v. United States | Fifth Circuit | 2019-07-19 | Denied | Response WaivedIFP | 18-usc-3553 criminal-procedure due-process federal-sentencing judicial-discretion jury-trial sentencing-determination sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-minimum | Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 19-97 | Mitchell Jay Stein v. Securities and Exchange Commission | Ninth Circuit | 2019-07-19 | Denied | Response Waived | circuit-split civil-procedure collateral-estoppel jury-trial offensive-collateral-estoppel securities-fraud seventh-amendment summary-judgment | Whether offensive collateral estoppel may be used to enter summary judgment on an alternative theory that was never presented to the trier of fact in … |
| 19-101 | Imperium IP Holdings (Cayman), Ltd. v. Samsung Electronics Co., Ltd., et al. | Federal Circuit | 2019-07-19 | Denied | Amici (2)Response Waived | appellate-review burden-of-proof credibility-determinations credibility-of-witnesses expert-testimony jury-trial jury-trial-rights jury-verdict patent-infringement patent-invalidity patent-validity seventh-amendment standard-of-review | Whether an appellate court may reverse a jury verdict based on its own view that expert testimony was credible, 'unrebutted,' and 'uncontradicted,' or… |
| 19-5174 | William C. Lewis, Sr., et al. v. Estate of Robert A. Lewis, et al. | District of Columbia | 2019-07-15 | Denied | Relisted (2)IFP | 7th-amendment asset-transfer civil-procedure civil-rights constitutional-rights court-of-appeals due-process jury-trial seventh-amendment standing takings | Whether the decision affirming the denial of a trial by jury on Petitioners' claims violated their 7th Amendment to the US Constitution |
| 19-5022 | Brian K. Banks v. Louisiana | Louisiana | 2019-07-01 | Denied | Response WaivedIFP | 404(b)-evidence appellate-review constitutional-rights criminal-procedure due-process evidence fair-trial fifth-circuit jury-trial legal-error louisiana-supreme-court prosecutorial-misconduct standard-of-review | Did the Louisiana Supreme Court err in allowing the Fifth Circuit to contradict its own prior rulings by overruling the District Court's decision to n… |
| 19-5 | Luis Arnaldo Baez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-06-28 | Denied | burden-of-proof constitutional-rights criminal-procedure due-process extraneous-evidence jury-instruction jury-trial limiting-instruction propensity-evidence | Whether a jury instruction that permits conviction on proof of extraneous and propensity evidence, rather than on proof of all of the elements of a ch… | |
| 18-9821 | Robert Lee Heard, Jr. v. Louisiana | Louisiana | 2019-06-27 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | Apodaca-v-Oregon criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury-verdict nonunanimous-verdict sixth-amendment | Does the right to a jury trial guaranteed by the Sixth Amendment allow a state-court criminal conviction to stand on a nonunanimous jury verdict? |
| 18-9787 | Jace Crehan v. Louisiana | Louisiana | 2019-06-25 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-jury unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9762 | Kwame A. Insaidoo v. United States | Second Circuit | 2019-06-24 | Denied | IFP | 18-usc-666 5th-amendment 6th-amendment circuit-split criminal-procedure criminal-prosecution due-process federal-benefit jury-determination jury-trial second-circuit statutory-interpretation | Whether the Second Circuit Court of Appeals erred, in violation of U.S. Const. V and VI, when it held that the government need not prove to a jury the… |
| 18-9732 | Bejan David Etemad v. North Dakota | North Dakota | 2019-06-19 | Denied | IFP | appeals certiorari constitutional-rights criminal-procedure due-process due-process-clause federal-certiorari federal-jurisdiction jury-trial jury-verdict state-court state-courts state-supreme-court | Can any State Court of last resort or specifically the North Dakota Supreme Court completely abrogate due process to the point that no process existed… |
| 18A1342 | Javier Sanchez, Gregory Casorso and Michael Marr v. United States | Ninth Circuit | 2019-06-19 | Presumed Complete | bid-rigging criminal-liability due-process jury-trial per-se-rule sherman-antitrust | Whether the per se rule in criminal Sherman Antitrust Act prosecutions violates defendants' Fifth and Sixth Amendment due process and jury trial right… | |
| 18-9693 | Kevin Sheppard v. Louisiana | Louisiana | 2019-06-17 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9616 | Rocky Riojas-Ordaz v. United States | Fifth Circuit | 2019-06-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-9659 | In Re Quisi Bryan | 2019-06-13 | Denied | IFP | constitutional-law death-penalty federal-review habeas-corpus hurst-claim hurst-v-florida jury-determination jury-trial retroactive-application retroactivity sixth-amendment sixth-circuit | Whether the Ohio Supreme Court's merits denial of Bryan's Hurst claim was erroneous insofar as appellate reweighing cannot cure the errors that affect… | |
| 18-9664 | Lilron Ravon Jones v. California | California | 2019-06-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi apprendi-rule Apprendi-v-New-Jersey constitutional-procedure Descamps due-process jury-trial jury-trial-right juvenile-adjudication Mathis prior-conviction-exception sentence-enhancement sentencing-enhancement sixth-amendment | Whether it is constitutionally permissible to use a prior juvenile adjudication to enhance a sentence regardless of whether the juvenile had a right t… |
| 18-9594 | Brian L. Davis v. 7-Eleven, Inc. | Fourth Circuit | 2019-06-10 | Denied | IFP | civil-procedure civil-rights criminal-procedure due-process equal-protection jury jury-trial standing | How can a jury not determine if a defendant is guilty of a crime and still deny due process? |
| 18-1508 | Wisconsin Alumni Research Foundation v. Apple Inc. | Federal Circuit | 2019-06-07 | Denied | claim-construction de-novo-review due-process JMOL jury-fact-finding jury-fact-findings jury-findings jury-trial patent-infringement procedural-due-process remand seventh-amendment standard-of-review teva-v-sandoz | Whether the Federal Circuit can construe a claim limitation de novo, disregarding the jury's implicit fact findings on the plain and ordinary meaning … | |
| 18-9587 | Ilya Liviz v. Supreme Judicial Court of Massachusetts | Massachusetts | 2019-06-07 | Denied | IFP | 5th-amendment administrative-suspension attorney-discipline civil-rights constitutional-rights due-process fifth-amendment jury-trial legal-ethics professional-conduct property-rights we-the-people | Can license to practice law be suspended only on the basis of remaining silent without considering the merits of alleged violation? |
| 18-9563 | Cody Shane Sorrels v. United States | Fifth Circuit | 2019-06-06 | Denied | Response WaivedIFP | 18-usc-3553 criminal-procedure due-process federal-courts federal-sentencing judicial-discretion jury-trial sentencing sentencing-determination sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-interpretation statutory-minimum | Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 18-9567 | Daniel De Leon v. United States | Fifth Circuit | 2019-06-06 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt supervised-release | Whether violations of supervised release require proof to a jury beyond a reasonable doubt |
| 18-9573 | Ernesto Betancourt-Carrillo v. United States | Fifth Circuit | 2019-06-06 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-1497 | In Re Minor L. McNeil | 2019-05-31 | Denied | administrative-commission article-iii article-iii-judicial-issue article-iv article-iv-court due-process hayburns-case judicial-proceeding jury-trial mandamus war-crime | Whether Mandamus shall issue to an Article IV Court to close its judicial side, and open an Administrative Commission to supervise a jury trial procee… | ||
| 18-1499 | Umesh Kaushal v. Indiana | Indiana | 2019-05-31 | Denied | Response WaivedRelisted (2) | due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment | When a resident alien pleads guilty to a crime while ignorant of the immigration consequences, then demands a trial before sentencing, does his demand… |
| 18-9502 | Christian Vazquez Capistran v. United States | Fifth Circuit | 2019-05-31 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-9460 | Quentin Perry v. United States | Eighth Circuit | 2019-05-29 | Denied | IFP | 5th-amendment 6th-amendment armed-career-criminal-act due-process fifth-amendment jury-trial sixth-amendment statutory-interpretation vagueness | Does the judicial determination of crimes 'committed on occasions different from one another' under the Armed Career Criminal Act violate the Sixth Am… |
| 18-9463 | Michael Joseph Brooks, Jr. v. Louisiana | Louisiana | 2019-05-29 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9464 | Charles William Finney v. Florida | Florida | 2019-05-29 | Denied | IFP | aggravating-factors capital-murder capital-sentencing death-penalty florida-constitution jury-trial jury-unanimity mitigating-circumstances sixth-amendment | Whether Florida's capital sentencing scheme violates the Sixth Amendment right to a jury trial by requiring the jury to find only aggravating factors … |
| 18-9410 | Morris Sanders v. Walmart Stores East, L.P. | Eleventh Circuit | 2019-05-23 | Denied | Response WaivedIFP | burden-of-proof civil-rights credibility-determination employment-discrimination evidence-weighing jury-trial retaliation summary-judgment title-vii workplace-discrimination | Where the federal courts below decided for themselves every triable fact issue crucial to petitioner's workplace discrimination and retaliation claims… |
| 18-9321 | Jesus Cornelio Dolmo-Alvarez v. United States | Fifth Circuit | 2019-05-17 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-9325 | Davion L. Jefferson v. United States | Tenth Circuit | 2019-05-17 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | 18-usc-924c constitutional-rights crime-of-violence directed-verdict due-process jury-trial jury-trial-clause sentencing-enhancement sixth-amendment statutory-interpretation | Whether the district court violated the Fifth Amendment's Due Process Clause and the Sixth Amendment's Jury Trial Clause by directing a verdict on 18 … |
| 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'… |
| 18-9298 | Anthony Barry and Brian Cahill v. Massachusetts | Massachusetts | 2019-05-16 | Denied | Response WaivedIFP | brady-violation confrontation-clause criminal-procedure due-process exculpatory-evidence exculpatory-information fundamental-fairness jury-trial post-conviction-evidence witness-testimony | Whether intentional pre-trial withholding of exculpatory information violates the Confrontation Clause |
| 18-1426 | Samantha L. Coleman v. Schneider Electric USA, Inc. | Fourth Circuit | 2019-05-14 | Denied | Response Waived | burden-of-proof civil-rights credibility-determinations employment-discrimination jury-trial McDonnell-Douglas mcdonnell-douglas-framework race-discrimination retaliation-claim summary-judgment title-vii workplace-discrimination | Has the McDonnell Douglas framework been fatally undermined and petitioner's right to a jury trial denied? |
| 18-9267 | John Loveman Reese v. Florida | Florida | 2019-05-14 | Denied | IFP | capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection jury-trial retroactivity | Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits… |
| 18-9243 | Chima Edozie Aligwekwe v. United States | Eleventh Circuit | 2019-05-13 | Denied | Response WaivedIFP | acquittal double-jeopardy due-process judicial-discretion jury-trial restitution sentencing sixth-amendment | Whether the right to a jury trial as guaranteed by the Sixth Amendment is violated when a district court increases the defendant's prison sentence and… |
| 18-9236 | Amy Gonzalez and David Thomas Matusiewicz v. United States | Third Circuit | 2019-05-10 | Denied | Response WaivedIFP | 18-usc-2261a,overbreadth,free-speech,first-amendme 6th-amendment 6th-amendment-unanimity,criminal-procedure,jury-in 6th-amendment,5th-amendment,sentencing,jury-trial, actus-reus criminal-procedure criminal-procedure,evidence,character-evidence,pre criminal-procedure,evidence,polygraph,crane-v-kent criminal-procedure,jury-instructions,causation,act criminal-verdict due-process jury-instruction jury-trial jury-unanimity sixth-amendment Whether 18 U.S.C. § 2261A is unconstitutionally ov Whether a person can be convicted for stalking res Whether Crane v. Kentucky 476 U.S. 683 690 (1986 Whether sentencing courts may continue to violate Whether the admissibility of a civil judicial opin | Whether juries must unanimously agree on the actus reus element of offenses |
| 18-9212 | Vincent McCrudden v. United States, et al. | Third Circuit | 2019-05-09 | Denied | Response WaivedIFP | bivens-claim civil-procedure civil-rights credibility-determination de-minimis-force due-process federal-tort-claims-act jury-trial standing summary-judgment | Can Courts systemically deny access to a jury trial in meritorious FTCA and Bivens Claims by making credibility determinations at the summary judgment… |
| 18-9189 | Vernell Conley v. Wendy Kelley, Director, Arkansas Department of Correction | Arkansas | 2019-05-08 | Denied | Response WaivedIFP | constitutional-law criminal-procedure double-jeopardy drug-offense due-process evidence hicks-v-oklahoma jury jury-trial sentencing | Did the refusal to order re-sentencing on the remaining conviction, limited to evidence supporting that conviction, violate Conley's right to due proc… |
| 18-9100 | Corry Mency v. Florida | Florida | 2019-05-03 | Denied | Response WaivedIFP | apprendi-v-new-jersey blakely-v-washington blakey-v-washington constitutional-due-process criminal-procedure due-process judicial-factfinding jury-trial jury-trial-right sentencing sentencing-enhancement sentencing-enhancements statutory-interpretation statutory-maximum trial-judge | Whether the First District erred in deferring to the Circuit Court's finding that section 775.084 is not unconstitutional as applied to the facts of M… |
| 18-9120 | Russell Frey v. Illinois | Illinois | 2019-05-03 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-sexual-assault cumulative-error due-process effective-assistance-of-counsel evidentiary-issues fair-trial harmless-error ineffective-assistance-of-counsel jury-trial prejudice right-to-counsel | Whether the defendant's constitutional right to effective assistance of counsel was violated due to counsel's overall health and performance |
| 18-1375 | Douglas Walter Greene v. Independent Pilots Association, et al. | Sixth Circuit | 2019-05-02 | Denied | abuse-of-discretion civil-rights constitutional-rights due-process first-amendment fraud free-speech freedom-of-religion freedom-of-speech judicial-discretion judicial-misconduct jury-trial rule-of-law | Whether federal district and appellate courts may render decisions abridging First Amendment rights based on overwhelming fraud in the record, while a… | |
| 18-9117 | Scotty Garnell Morrow v. Benjamin Ford, Warden | Georgia | 2019-05-02 | Denied | IFP | death-penalty death-sentence due-process eighth-amendment fourteenth-amendment hurst-v-florida judicial-fact-finding jury-trial jury-unanimity ring-v-arizona sentencing sixth-amendment | Does a death sentence imposed by a judge who made fact-findings not made unanimously by the jury who recommended a death sentence comport with Hurst a… |
| 18-9062 | Derek Ray King v. United States | Fifth Circuit | 2019-05-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release | whether-violations-of-supervised-release-require-jury-proof-beyond-reasonable-doubt |
| 18-1355 | Edward Kramer v. Antonio Vitti, et al. | Second Circuit | 2019-04-29 | Denied | 42-usc-1983 4th-amendment appellate-review civil-procedure civil-rights constitutional-rights factual-dispute jury-trial malicious-prosecution material-dispute material-facts seventh-amendment summary-judgment | Whether the Petitioner's Seventh Amendment right to a jury determination of the material disputed facts in his case was violated when the Court of App… | |
| 18-1359 | William Shannon Gresham v. Tennessee | Tennessee | 2019-04-29 | Denied | Response Waived | acquitted-conduct criminal-procedure double-jeopardy due-process jury-trial sentencing sentencing-enhancement sixth-amendment sufficiency-of-evidence | Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's sent… |
| 18-9025 | Phillip Newton v. Louisiana | Louisiana | 2019-04-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apodaca-v-oregon criminal-trial fourteenth-amendment johnson-v-louisiana jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requirement be required in state… |
| 18-8992 | Charles Lorraine v. Ohio | Ohio | 2019-04-25 | Denied | IFP | capital-punishment death-penalty death-sentence eighth-amendment judge-sentencing judicial-fact-finding jury-trial jury-verdict sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-8934 | Teresa Miller v. Phillip Douglas Gaujot, Judge, Monongalia County Circuit Court, et al. | Fourth Circuit | 2019-04-23 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-rights due-process evading-review habeas-corpus judicial-review jury-trial petition-dismissal review standing | Why was a civil petition dismissed without review because the defendant was no longer in states custody it was not a heabas petition it was a civil pr… |
| 18-8897 | Corlious C. Dyson, aka Corlious Corall Dyson v. Louisiana | Louisiana | 2019-04-18 | GVR | Relisted (2)IFP | criminal-conviction criminal-procedure due-process fourteenth-amendment incorporation-doctrine jury-trial non-unanimous-verdict sixth-amendment | Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti… |
| 18-8900 | Juan Garcia Herrera v. United States | Ninth Circuit | 2019-04-18 | Denied | Response WaivedIFP | alleyne-v-united-states almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-challenge criminal-procedure drug-offense due-process judicial-factfinding jury-trial mandatory-minimum mandatory-minimum-sentence prior-conviction sentencing sentencing-enhancement | Whether the enhanced-penalty provisions of 21 U.S.C. §§ 841(b) and 851 that require judicial factfinding about a prior conviction to increase the mand… |
| 18-8869 | Jesse Davenport, aka Draco John Flama v. United States | Ninth Circuit | 2019-04-17 | Denied | Response WaivedIFP | child-pornography confrontation-clause conspiracy criminal-procedure due-process jury-trial plain-error shackling sufficiency-of-evidence | Is shackling a defendant during his or her jury trial for no asserted or actual reason proper, and thus not even an 'error' under the plain error test… |
| 18-1306 | Fred Anderson, Jr. v. Florida | Florida | 2019-04-16 | Denied | Amici (3) | advisory-jury capital-punishment capital-sentencing death-penalty florida-supreme-court harmless-error hurst-v-florida judge-sentencing jury-trial jury-verdict sixth-amendment structural-error | Whether a judge-imposed death sentence that violates Hurst is a structural error requiring reversal of the sentence |
| 18-8819 | Jorge Rogelio Reveles-Santana v. United States | Fifth Circuit | 2019-04-16 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-1303 | Sonja Colbert v. Cleveland Mitchell | California | 2019-04-15 | Denied | appeals appellate-review bad-faith civil-procedure civil-rights court-of-appeals due-process filing-fees housing-authority judicial-procedure jury-trial landlord-tenant lower-court rent-control section-8-housing standing | Whether a single court of appeals justice can dismiss an appeal after the appellant has shown that all notices of appeal were timely filed and fees pa… | |
| 18-8807 | Francisco Quintero-Corral v. United States | Eleventh Circuit | 2019-04-15 | Denied | Response WaivedIFP | apprendi-v-new-jersey aprendi-rule criminal-procedure due-process illegal-reentry indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum | Whether all facts- including the facts of a prior conviction- that increase a defendant's statutory maximum must be pleaded in the indictment and eith… |
| 18-1295 | Dale De Steno, et al. v. Kelly Services, Inc. | Sixth Circuit | 2019-04-12 | Denied | Response Waived | appellate-review attorneys-fees civil-procedure civil-rights collateral-issue constitutional-rights due-process free-speech jury-trial precedent seventh-amendment sixth-circuit standing | Whether the United States Court of Appeals for the Sixth Circuit erred by denying the Petitioners' request for a jury trial pursuant to the Seventh Am… |
| 18-8771 | Timothy Barr v. Rebecca Pearson, et al. | Eighth Circuit | 2019-04-10 | Denied | Response WaivedIFP | 8th-circuit-review burden-of-proof civil-procedure civil-rights due-process due-process-rights judicial-authority jury-trial prisoner-civil-rights prisoner-rights pro-se-litigation standing supreme-court-precedent | Does the 8th circuit federal court of appeals have the authority to supersede the standards and precedent set by the United States Supreme Court in pr… |
| 18-8781 | Kerri L. Kaley v. United States | Eleventh Circuit | 2019-04-10 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey constitutional-law criminal-fines criminal-procedure criminal-restitution due-process jury-finding jury-findings jury-trial sentencing southern-union-co-v-united-states | Should the rule of Apprendi apply to the imposition of criminal restitution? |
| 18-8782 | Cesar Lopez-Rodriguez v. United States | Fifth Circuit | 2019-04-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-8738 | Noe Machado-Erazo and Jose Martinez-Amaya v. United States | District of Columbia | 2019-04-09 | Denied | Response WaivedIFP | circuit-split criminal-law criminal-law-procedure criminal-procedure due-process harmless-error jury-trial physical-force sixth-amendment statutory-interpretation | Whether an act of omission can constitute the 'use, attempted use, or threatened use of physical force' under 18 U.S.C. §924(c)(8)(A) |
| 18-8761 | Arthur Jones v. California | California | 2019-04-09 | Denied | Response WaivedIFP | 8th-amendment civil-rights constitutional-law criminal-procedure due-process jury-trial sentencing | Whether the California Penal Code §1192.7(c) that removes assessment of fact from the jury used to increase punishment is unconstitutional under the A… |
| 18-8763 | Terry Walker v. United States | Seventh Circuit | 2019-04-09 | Denied | Response WaivedIFP | criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation | Can a sentencing court consistent with the Sixth Amendment recharacterize a defendant's conviction into conduct that was neither found by a jury or ju… |
| 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 … |
| 18-8714 | Kenneth Whigham, Jr., aka Kenneth Pringle v. United States | First Circuit | 2019-04-05 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States constitutional-challenge criminal-procedure due-process jury-submission jury-trial prior-conviction prior-convictions reasonable-doubt sentencing sentencing-enhancement supreme-court-precedent | Whether this Court's decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998), which held that the allegation of a prior conviction need no… |
| 18-8684 | Robert E. Young v. Megan J. Brennan, Postmaster General | Seventh Circuit | 2019-04-03 | Denied | Response WaivedIFP | 7th-amendment administrative-law burden-of-proof civil-procedure civil-rights due-process jury-trial mixed-cases pro-se-litigants pro-se-litigation rules-of-evidence standing summary-judgment | Did the 7th District Court and the 7th Circuit Court deny the Appellant the protection and benefits granted by the 5th and 7th Amendments? |
| 18-8670 | Demetrius Terrence Frazier v. Alabama | Alabama | 2019-04-02 | Denied | IFP | capital-punishment capital-sentencing constitutional-interpretation cruel-and-unusual-punishment death-penalty death-penalty-sentencing due-process equal-protection judicial-fact-finding jury-fact-finding jury-sentencing jury-trial retroactive-rule retroactivity sixth-amendment | Does Alabama's capital sentencing statute violate Hurst v. Florida? |
| 18-8660 | Tyree Mansell v. United States | Third Circuit | 2019-04-01 | Denied | Response WaivedIFP | acquitted-conduct due-process fifth-amendment jury-trial jury-trial-right sentencing sentencing-guidelines sixth-amendment | Whether the use of acquitted conduct to increase Mr. Mansell's Sentencing guideline range violated his Fifth Amendment right to due process and his Si… |
| 18-1229 | In Re Carolyn Fjord, et al. | 2019-03-21 | Denied | Response Waived | 7th-amendment antitrust antitrust-law bankruptcy bankruptcy-court beacon-theaters civil-procedure civil-rights clayton-act due-process jury-trial mandamus seventh-amendment | Does the decision of the United States Bankruptcy Court for the Southern District of New York denying Petitioners the right to a jury trial for damage… | |
| 18-8436 | David Fehr Harder v. United States | Fifth Circuit | 2019-03-14 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8415 | John L. Lotter v. Nebraska | Nebraska | 2019-03-13 | Denied | IFP | capital-punishment capital-sentencing death-penalty due-process eighth-amendment fourteenth-amendment judicial-discretion jury-trial sentencing sixth-amendment | Does Nebraska's capital sentencing scheme requiring a three-judge panel, rather than a jury, to impose a sentence of death violate the Eighth Amendmen… |
| 18-8317 | Robert Gering v. Florida | Florida | 2019-03-07 | Denied | Response WaivedIFP | 14th-amendment civil-commitment civil-procedure constitutional-right due-process florida-constitution florida-procedure fourteenth-amendment jury-trial liberty-interest trial-by-jury | Whether the constitutional right to a trial by jury in a civil commitment case can be circumvented by a Florida rule of civil procedure nullifying the… |
| 18-8150 | Ilya Liviz, Sr. v. Supreme Judicial Court of Massachusetts, et al. | First Circuit | 2019-02-27 | Denied | Response WaivedIFP | access-to-court access-to-courts care-and-protection child-custody constitutional-rights due-process federally-protected-rights jury-trial parental-rights question-of-law state-court | Is Dad being denied his federally protected due process right to petition for redress and access to a meaningful hearing resulting from state's refusa… |
| 18-8085 | Steven Clayton Thomason v. United States District Court for the Middle District of Alabama | Eleventh Circuit | 2019-02-22 | Denied | Response WaivedIFP | anti-trust antitrust beacon-theatres beacon-theatres-inc.-v.-westover civil-procedure constitutional-procedure due-process jury-trial restraint-of-trade rooker-feldman standing | whether-the-right-to-a-jury-trial-wherein-anti-trust-issues-are-before-the-court-in-a-restraint-of-trade-conflict-with-u.s.-supreme-court-holding-in-b… |
| 18-8046 | Stephen L. Paulmier v. Hawaii | Hawaii | 2019-02-21 | Denied | IFP | bench-trial constitutional-rights due-process family-court family-court-procedure hawaii-family-court-rules jury-trial jury-trial-waiver trial-continuance | Whether the ICA gravely erred in failing to recognize Stephen Paulmier's constitutional rights to due-process,jury-trial |
| 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? |
| 18-8060 | Glenn S. Solberg v. First National Bank and Trust Co. of Williston, et al. | North Dakota | 2019-02-21 | Denied | Response WaivedRelisted (3)IFP | 7th-amendment amendment-violation civil-procedure civil-rights conflict-of-interest constitutional-rights due-process judicial-discrimination jury-trial standing | Whether I should have been granted a jury trial after petitioning the ND Supreme Court three times abiding by the law in the 7th amendment |
| 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… |
| 18-8016 | James Goff v. Ohio | Ohio | 2019-02-19 | Denied | IFP | capital-punishment death-penalty hurst-v-florida judicial-fact-finding jury-trial mitigation-evidence resentencing sentencing sixth-amendment | Is a trial judge's independent weighing of new mitigation evidence and imposition of the death penalty at a resentencing hearing unconstitutional unde… |
| 18-1064 | In Re Octavious DeMont Williams | 2019-02-13 | Denied | 21-usc-841 burden-of-proof constitutional-due-process constitutional-rights controlled-substance criminal-procedure due-process elements-of-crime fifth-amendment judicial-misconduct jury jury-finding jury-trial | Octavious Demont Williams petitioned for a writ of habeas corpus, arguing that his constitutional due process was violated when he was deprived of the… | ||
| 18-7948 | Cesar Carapia Hernandez v. United States | Fifth Circuit | 2019-02-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-7818 | Marcos Castaneda v. United States | Seventh Circuit | 2019-02-07 | Denied | Response WaivedIFP | alleyne-v-united-states criminal-procedure drug-offense due-process judicial-finding jury-trial mandatory-minimum preponderance-of-evidence preponderance-of-the-evidence sentencing sentencing-guidelines | Whether a district court commits procedural error by basing its sentencing guideline calculation on a discretionary judicial finding by a preponderanc… |
| 18-7795 | Markus D. Lanieux v. Louisiana | Louisiana | 2019-02-06 | Denied | Response WaivedIFP | Blakely Blakely-v-Washington Booker Booker-v-United-States criminal-procedure due-process habitual-offender habitual-offender-law jury-trial mandatory-minimum-sentence reasonable-doubt sentencing sentencing-enhancement sixth-amendment | Whether the sentencing scheme under Louisiana's Habitual Offender Law is subject to the jury requirements of the Sixth Amendment |
| 18-7778 | Mikhail Zemlyansky v. United States | Second Circuit | 2019-02-05 | Denied | Response WaivedIFP | collateral-estoppel criminal-procedure double-jeopardy evidence-reintroduction health-care-fraud jury-acquittal jury-trial prosecutorial-strategy RICO rico-conspiracy | Whether the district court violated the collateral estoppel component of the double-jeopardy clause by allowing the government to reintroduce its enti… |
| 18-1008 | In Re Veronica Hollowell and Vivian Epps | 2019-02-04 | Denied | Response WaivedRelisted (2) | child-custody civil-procedure civil-rights constitutional-rights discovery-rule due-process family-law federal-jurisdiction incarceration jurisdiction jury-trial mental-fitness single-parent standing statute-of-limitations | Whether the State Court lacked jurisdiction of the child since the unwed, single-parent mother's case was not jury adjudicated (the ex-boyfriend/fathe… | |
| 18-7665 | Robert Tommy Garrett v. California | California | 2019-01-30 | Denied | IFP | appellate-review constitutional-provision double-jeopardy due-process judicial-review jury-trial legal-interpretation lesser-included-offense multiple-convictions multiple-punishments procedural-issue statutory-provision | Whether the trial court's erroneous failure to instruct the jury on the lesser included offense of law and the defendant's right to a jury trial viola… |
| 18-7668 | Patricio Paladin v. United States | First Circuit | 2019-01-30 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-doctrine apprendi-v-new-jersey constitutional-element criminal-procedure due-process jury-trial jury-trial-guarantee prior-conviction sentencing sentencing-enhancement sentencing-enhancements | Whether the contested fact of prior conviction entering into the sentence to increase a defendant's penalty for the instant offense, must be treated a… |
| 18-7651 | Eric Steve Anderson v. California | California | 2019-01-29 | Denied | IFP | antagonistic-defenses conspiracy constitutional-rights criminal-procedure fair-trial jury jury-trial severance severance-motion | Did this trial court's denial of petitioner's severance motion as to co-defendant and its subsequent acquittal of co-defendant on the conspiracy charg… |
| 18-965 | Donald Sullivan v. Robert Wayne Pugh, et ux. | North Carolina | 2019-01-25 | Denied | Relisted (2) | appeal appellate-procedure civil-procedure civil-rights constitutional-rights due-process judicial-misconduct jury-trial north-carolina oath-of-office summary-judgment | Whether the lower court judges violated their oaths by denying the petitioner's demanded constitutional trial by jury |
| 18-967 | Marisol Micheo-Acevedo v. Stericycle of Puerto Rico, Inc. | First Circuit | 2019-01-25 | Denied | Response Waived | civil-procedure civil-rights constitutional-rights due-process employment-discrimination first-circuit jury-trial retaliation retaliation-claim summary-judgment supervisory-power | Whether the First Circuit deprived Petitioner of her constitutional right to a jury trial |
| 18-7529 | Andre Almond Dennison v. Arizona | Arizona | 2019-01-23 | Denied | IFP | 6th-amendment apprendi apprendi-v-new-jersey constitutional-rights dangerous-crimes dangerous-crimes-against-children due-process enhancement fourteenth-amendment jury-trial reasonable-doubt sentencing | Does Arizona's Sentencing Scheme Violate Due Process Clause, & Amendment, And Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348 (2000) When Petitio… |
| 18-7516 | Joseph Adam Mora v. California | California | 2019-01-22 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment constitutional-amendments criminal-sentencing death-penalty jury-finding jury-trial reasonable-doubt statutory-maximum | Does the California death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that any fact, other than a prior co… |
| 18-7488 | Billy R. Lewis v. Louisiana | Louisiana | 2019-01-18 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury nonunanimous-verdict ramos-v-louisiana sixth-amendment | Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti… |
| 18-7478 | Lloyd Michael Blair v. Michigan | Michigan | 2019-01-17 | Denied | IFP | constitutional-error criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-defect jury-trial post-conviction-relief relief resentencing sentencing sentencing-procedure sixth-amendment | Are the sentencing proceedings that were found to be unconstitutional made to be invalid? |
| 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… |
| 18-7402 | Robert Shapiro v. United States | Federal Circuit | 2019-01-14 | Denied | Response WaivedIFP | 6th-amendment compulsory-process confrontation-clause criminal-procedure due-process jury-trial public-trial right-to-counsel speedy-trial | What is the meaning of the Sixth Amendment's guarantee of the right to a criminal prosecution, including the right to a speedy and public trial, by an… |
| 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… |
| 18-7353 | Nathaniel Jackson v. Ohio | Ohio | 2019-01-10 | Denied | IFP | capital-punishment death-penalty eighth-amendment judge-sentencing judicial-sentencing jury-recommendation jury-sentencing jury-trial sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-7307 | Yoni Rayo-Espinoza v. United States | Fifth Circuit | 2019-01-09 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-848 | Courtney Valle Bisbee v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2019-01-04 | Denied | actual-innocence certificate-of-appealability constitutional-claims evidentiary-hearing habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel jury-trial sixth-amendment | Whether Petitioner is entitled to an evidentiary hearing on her ineffective assistance of counsel claim | |
| 18-7217 | C. G., a Minor v. New Jersey | New Jersey | 2019-01-02 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-law constitutional-rights criminal-procedure due-process equal-protection jury-trial juvenile-justice state-law | Does a state law that completely bans jury trials for juveniles charged with crimes violate the federal constitutional rights to a jury trial, due pro… |
| 18-7101 | John Samuel Ghobrial v. California | California | 2018-12-19 | Denied | IFP | capital-punishment constitutional-rights criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact that serves to increa… |
| 18-7049 | Joel Marvin Munt v. Nanette Larson, et al. | Eighth Circuit | 2018-12-17 | Denied | Response WaivedIFP | 8th-amendment civil-rights dismissal due-process eighth-amendment expert-evaluation jury-trial medical-care mootness prisoner-rights standing summary-judgment | Was Petitioner unconstitutionally denied his right to have a jury determine the facts of his case? |
| 18-7068 | Nelson Figueroa v. United States | Sixth Circuit | 2018-12-17 | Denied | Response WaivedIFP | alleyne almendarez-torres apprendi apprendi-rule constitutional-protections due-process due-process-clause federal-sentencing-guidelines jury-trial prior-conviction prior-conviction-exception sentencing-guidelines sixth-amendment | Whether the rule of Apprendi must apply to the Federal Sentencing Guidelines to comport with the constitutional protections of due process and jury tr… |
| 18-7029 | Jorge Ruelas-Martinez v. United States | Fifth Circuit | 2018-12-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-739 | Trevor Wallace v. Tennessee | Tennessee | 2018-12-10 | Denied | Response Waived | appellate-review case-revival constitutional-compliance dismissal-with-prejudice double-jeopardy due-process fifth-amendment judicial-discretion jury jury-trial lee-v-us res-judicata | May a state appellate court revive a case that was dismissed with prejudice after a jury was sworn? |
| 18-6884 | Isaiah Glenndell Tryon v. Oklahoma | Oklahoma | 2018-11-30 | Denied | IFP | aggravating-factors appellate-review criminal-procedure death-penalty hurst-v-florida jury-trial mitigating-circumstances ring-v-arizona sixth-amendment | Whether the Sixth Amendment prohibits a state appellate court from reweighing aggravating and mitigating circumstances and determining that death is t… |
| 18-701 | Clayton Prince Tanksley v. Lee Daniels, et al. | Third Circuit | 2018-11-29 | Denied | Relisted (2) | 7th-amendment access amendment copyright copyright-infringement jury-trial lay-observer-test pleading-stage prima-facie-claim probative-similarity similarity substantial-similarity | Whether the trial court should engage in a substantive analysis and determination regarding substantial similarity as a matter of law at the pleading … |
| 18-6867 | Alberto Jorge Silva-Ibarra v. United States | Fifth Circuit | 2018-11-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 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 |
| 18-6818 | Ruben Rangel v. California | California | 2018-11-26 | Denied | IFP | capital-punishment capital-sentencing constitutional-amendments death-penalty due-process eighth-amendment jury-determination jury-trial sentencing | Does California's death penalty statute violate the Fifth, Sixth, Eighth, and Fourteenth Amendments by failing to meaningfully narrow the class of dea… |
| 18-686 | Lazina King, et al. v. Caliber Home Loans, Inc. | Fourth Circuit | 2018-11-26 | Denied | Relisted (2) | dodd-frank-act dual-tracking foreclosure-law jury-trial private-right-of-action real-estate-settlement-procedures-act regulation-x respa-regulation seventh-amendment statutory-damages | Is the RESPA Regulation X Section 6(f) which was promulgated by Dodd-Frank Act remedial in nature which provides a private right of action to an injur… |
| 18-6770 | David Nino-Flores v. United States | Fifth Circuit | 2018-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6776 | Duane Eugene Owen v. Florida | Florida | 2018-11-21 | Denied | IFP | capital-punishment capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection jury-trial retroactivity state-court | Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits… |
| 18-650 | Miguel Cabrera-Rangel v. United States | Fifth Circuit | 2018-11-20 | Denied | Amici (5)Response Waived | acquittal-impact acquitted-conduct criminal-procedure criminal-sentencing double-jeopardy due-process judicial-discretion jury-trial sentencing sixth-amendment | Whether the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant's sentence on a charge for which the jury a… |
| 18-6708 | Clifford D. Williams v. Ohio | Ohio | 2018-11-15 | Denied | IFP | capital-punishment death-penalty eighth-amendment judge-sentencing jury-trial jury-verdict sentencing-phase sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-6709 | Lawrence Alfred Landrum v. Ohio | Ohio | 2018-11-15 | Denied | IFP | capital-sentencing death-penalty eighth-amendment judge-sentencing judicial-discretion jury-recommendation jury-sentencing jury-trial sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-6637 | Harold E. Grist, Jr. v. Terema Carlin, Warden | Ninth Circuit | 2018-11-08 | Denied | Response WaivedIFP | 6th-amendment certificate-of-appealability confrontation-clause credibility due-process effective-assistance-of-counsel juror-misconduct jury-trial self-incrimination truthfulness | Whether the Petitioner had a constitutional right to confront his accusers at trial and impeach them before a jury to challenge their credibility and … |
| 18-573 | Colony Cove Properties, LLC v. City of Carson, California, et al. | Ninth Circuit | 2018-11-01 | Denied | Amici (3) | appellate-review character-of-regulatory-action city-of-monterey-v-del-monte-dunes economic-impact investment-backed-expectations investment-expectations jury-trial jury-trial-7th-amendment penn-central penn-central-test property-rights regulatory-takings seventh-amendment standard-of-review takings-clause-5th-amendment | Whether a regulation that causes a property temporary but substantial cash losses is immune as a matter law from regulatory takings scrutiny if these … |
| 18-6512 | Jabril Jones v. United States | Sixth Circuit | 2018-11-01 | Denied | Response WaivedIFP | 4th-amendment appeals cell-phone-privacy civil-procedure civil-rights due-process exclusionary-rule false-imprisonment Fourth-Amendment jurisdiction jury-trial probable-cause search-incident-to-arrest sentencing standing warrantless-search | Whether petitioners were arrested without probable cause |
| 18-6532 | Austin Myers v. Ohio | Ohio | 2018-11-01 | Denied | IFP | capital-punishment death-penalty death-penalty-statute eighth-amendment judge-sentencing judicial-sentencing jury-trial jury-verdict sixth-amendment spaziano-v-florida | Did Hurst v. Florida render Ohio's death penalty scheme unconstitutional? |
| 18-6472 | James Gibson v. United States | Eleventh Circuit | 2018-10-29 | Denied | Response WaivedIFP | almendarez-torres criminal-procedure drug-offenses jury-trial mandatory-minimum prior-convictions reasonable-doubt recidivism sentencing sentencing-enhancement sixth-amendment | Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial |
| 18-6390 | Valiant White v. Michigan | Michigan | 2018-10-19 | Denied | IFP | acquitted-conduct civil-rights constitutional-rights due-process fruit-of-the-poisonous-tree impeachment-of-jury-verdict independent-finding-of-guilt ineffective-counsel jury-acquitted-conduct jury-trial jury-trial-right reasonable-suspicion | Whether the trial court, Michigan Court of Appeals, and Michigan Supreme Court arbitrarily denied petitioner's right to a jury trial, used inappropria… |
| 18-6327 | Rolando Humphrey v. United States | Fifth Circuit | 2018-10-16 | Denied | Response WaivedIFP | 18-usc-3553 18-usc-3553a criminal-procedure criminal-sentencing due-process federal-sentencing judicial-determination judicial-discretion jury-role jury-trial sentencing-discretion sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-minimum | Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 18-6324 | Akinlabi Coleman v. Colorado | Colorado | 2018-10-15 | Denied | Response WaivedIFP | bench-trial constitutional-rights criminal-procedure due-process habitual-criminal habitual-offender jury-trial sixth-amendment | Were Mr. Coleman's Sixth Amendment rights to a jury determination of every element of an offense violated when he was only allowed a bench trial to de… |
| 18-456 | Michael J. Persico v. United States | Second Circuit | 2018-10-11 | Denied | Response Waived | apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness | Whether Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violat… |
| 18-6293 | Alfredo Martinez-Rey v. United States | Fifth Circuit | 2018-10-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-412 | Jael Watts v. Michael Allen, et al. | Virginia | 2018-10-02 | Denied | access-to-courts court-access due-process equal-protection fourteenth-amendment jury-trial seventh-amendment state-law tort-immunity | Whether the Virginia Supreme Court's dismissal of the Petitioner's appeal without reaching the merits of the case violates the Petitioner's fundamenta… | |
| 18-6165 | Paul E. Rinehart v. Ohio | Ohio | 2018-10-02 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure due-process judicial-fact-finding jury-trial sentencing-enhancement sentencing-guidelines sixth-amendment trial-by-jury | Can a trial court enhance a defendant's sentence(s) to more than the minimum sentence upon judicial fact finding from a judge rather than the findings… |
| 18-399 | John W. Fink v. J. Philip Kirchner, et al. | Third Circuit | 2018-09-28 | Denied | Relisted (2) | appellate-review civil-procedure civil-rights constitutional-rights due-process judicial-error jury-trial standing summary-judgment trial-by-jury | Whether the court of appeals abdicated its responsibility to conduct a plenary review and thereby improperly denied the petitioner of his constitution… |
| 18-403 | Bruce A. Shear v. MAZ Partners, LP, Individually and on Behalf of All Others Similarly Situated | First Circuit | 2018-09-28 | Denied | Amici (1)Response Waived | civil-procedure civil-rights disgorgement disgorgement-order district-court-power diversity-jurisdiction due-process equitable-power equitable-remedy erie-doctrine federal-jurisdiction judicial-discretion jury-trial jury-verdict | When a jury finds in favor of defendant on the sole claim asserted against him, may a district court affirm the verdict but then use 'equitable power'… |
| 18-6072 | Cristian Gamez Mendez v. United States | Fifth Circuit | 2018-09-21 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-6056 | Harley Blevins, Sr. v. Florida | Florida | 2018-09-20 | Denied | Response WaivedIFP | almendarez-torres constitutional-law criminal-procedure criminal-punishment-code due-process jury-trial jury-verdict prior-conviction sentence-enhancement sentencing sentencing-enhancement sixth-amendment | Whether Florida's Prison Releasee Reoffender Act is unconstitutional and a violation of the Sixth Amendment in light of Hurst v. Florida, Alleyne v. U… |
| 18-6059 | Cedric Carter v. Ohio | Ohio | 2018-09-20 | Denied | IFP | capital-punishment capital-sentencing death-penalty eighth-amendment judge-sentencing jury-trial jury-verdict sentencing-phase sixth-amendment spaziano-v-florida | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-6042 | Ronald Eric Ary v. United States | Fifth Circuit | 2018-09-19 | Denied | Response WaivedIFP | criminal-law criminal-procedure criminal-sentencing deferred-adjudication due-process indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum | Whether a Texas deferred adjudication qualifies as a prior conviction for sentencing enhancement |
| 18-5999 | Joe Litton Bailey v. Louisiana | Louisiana | 2018-09-14 | Denied | IFP | criminal-conviction criminal-procedure due-process evidence habitual-offender jury-trial reasonable-doubt sentencing-enhancement sufficiency-of-evidence | Was the evidence presented to the jury sufficient to convict Bailey beyond a reasonable doubt? |
| 18-330 | Douglas Walter Greene v. Frost Brown Todd, LLC, et al. | Sixth Circuit | 2018-09-13 | Denied | Response WaivedRelisted (2) | amendment-violations constitutional-rights due-process evidence-tampering judicial-misconduct jury-trial perjured-witnesses perjury public-policy rule-of-law | May the Federal District & Appellate Courts knowingly & purposely render a Decision based on overwhelming fraud in the record |
| 18-5921 | Jeffrey Allen Stevens v. United States | Tenth Circuit | 2018-09-10 | Denied | Response WaivedIFP | 1st-amendment civil-procedure civil-rights civil-unrest constitutional-rights criminal-procedure due-process first-amendment free-speech jury-trial law-enforcement-misconduct standing | Are Predictions of Civil Unrest or Violent Revolt Protected Speech under the First Amendment? |
| 18-5892 | Andre Jackson v. Ohio | Ohio | 2018-09-06 | Denied | IFP | 6th-amendment 8th-amendment capital-punishment death-penalty eighth-amendment judge-sentencing judicial-sentencing jury-recommendation jury-sentencing jury-trial sixth-amendment | Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-5783 | Robert A. Cotton v. County of San Bernardino, California, et al. | Ninth Circuit | 2018-08-28 | Denied | IFP | brady-evidence brady-v-maryland brady-violation civil-rights criminal-procedure due-process issue-preclusion judicial-immunity jury-trial manuel-v-city-of-joliet ninth-circuit preliminary-hearing qualified-immunity self-defense | Was the Ninth Circuit's affirmance of the dismissal based on issue preclusion in violation of Manuel v. City of Joliet? |
| 18-5793 | Ray Lamar Johnston v. Florida | Florida | 2018-08-28 | Denied | Relisted (4)IFP | caldwell-v-mississippi capital-punishment capital-punishment-system death-penalty due-process equal-protection florida harmless-error hurst-relief hurst-v-florida jury-trial sixth-amendment | Whether Florida's application of harmless error review to a unanimous jury recommendation of death violates the Sixth Amendment right to jury trial as… |
| 18-5799 | In Re Robert N. Smithback | 2018-08-28 | Denied | Relisted (2)IFP | constitutional-rights due-process habeas-corpus jurisdiction jury-trial plea-agreement plea-bargaining selective-prosecution subject-matter-jurisdiction trial-by-jury | Whether Smithback is being deprived of his liberty without due process of law | |
| 18-246 | Mary L. Doherty, et al. v. Allstate Indemnity Company | Third Circuit | 2018-08-27 | Denied | anderson-v-liberty-lobby due-process expert-witness expert-witness-reports expert-witness-testimony fifth-amendment hearsay hearsay-evidence insurance-contract jury-trial mend-the-hold mend-the-hold-doctrine seventh-amendment summary-judgment | Whether the affirmed Rule 56 summary judgment decision is inconsistent with the standard set forth in Anderson v. Liberty Lobby, Inc., and violative o… | |
| 18-5745 | Miguel Anthony Molina v. United States | Eleventh Circuit | 2018-08-24 | Denied | Response WaivedIFP | 841(a)(1) 922(g)(1) 924(e) criminal-procedure due-process ineffective-assistance jury-trial sentencing-enhancement sixth-amendment | Did the judge violate the defendant's Sixth Amendment right to a jury trial? |
| 18-231 | New West, L.P., et al. v. City of Joliet, Illinois, et al. | Seventh Circuit | 2018-08-22 | Denied | Response Waived | beacon-theatres civil-rights civil-rights-act collateral-estoppel due-process equitable-claims fair-housing-act jury-trial parklane-hosiery | When a single district court Judge has control over all legal and equitable claims before it in a single proceeding, even though the proceeding involv… |
| 18-5702 | Miguel Angel Mejia v. United States | Eleventh Circuit | 2018-08-22 | Denied | IFP | article-iii article-three drug-enforcement executive-power jury-trial maritime-drug-law-enforcement-act maritime-law sixth-amendment subject-matter-jurisdiction | Does the MDLEA violate Article III and the Sixth Amendment right to a jury trial by giving dispositive weight to the Executive Branch's assertion that… |
| 18-5712 | Jerome A. Christmon v. B&B Airparts, Inc. | Tenth Circuit | 2018-08-22 | Denied | IFP | 7th-amendment civil-procedure constitutional-rights due-process errata-sheets evidence jury-trial procedural-error summary-judgement summary-judgment uncertified-deposition | whether-summary-judgement-based-on-uncertified-deposition-is-admissible |
| 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 |
| 18-5603 | In Re Mark Kilmartin | 2018-08-16 | Denied | IFP | criminal-procedure double-jeopardy due-process equal-protection fourteenth-amendment judicial-misconduct jury-trial sentencing structural-error | Whether a criminal defendant can be convicted and sentenced to life for a separate, new and distinct crime without a jury trial | |
| 18-199 | Ken Liang v. United States | Ninth Circuit | 2018-08-15 | Denied | Response Waived | civil-rights constitutional-rights criminal-procedure doj-investigation due-process government-misconduct jury-trial jury-trial-waiver material-witness obstruction-of-justice prosecutorial-discretion prosecutorial-misconduct reverse-sting | Whether an individual can be convicted of obstructing justice when the underlying alleged crime being investigated was not a crime, and the DOJ used o… |
| 18-5553 | Christopher Williams v. Texas | Texas | 2018-08-13 | Denied | Response WaivedIFP | apprendi apprendi-v-new-jersey capital-murder corpus-delicti criminal-procedure due-process extrajudicial-confession fourteenth-amendment jury-trial sixth-amendment | Did the trial court's failure to submit any instruction to the jury regarding Texas' corpus delicti rule and the subsequent endorsement of that failur… |
| 18-5572 | John E. Wells, Sr. v. David Gray, Warden | Sixth Circuit | 2018-08-13 | Denied | IFP | certificate-of-appealability constitutional-rights due-process equal-protection federal-habeas-corpus habeas-corpus illegal-sentence judicial-power jury-trial res-judicata state-court-record void-judgment | Does a Federal Court of Appeals deny Due Process by refusing to issue a Certificate of Appealability |
| 18-5501 | Donald Jones v. Bank of America, et al. | Eleventh Circuit | 2018-08-09 | Denied | IFP | 4th-amendment civil-procedure civil-rights constitutional-rights due-process equal-protection florida-law foreclosure jury-trial property-rights state-law viamendment | Whether the petitioner received the same equality decision from Florida state law 702.1 as he would have from a jury trial under the 7th Amendment |
| 18-5534 | Juan Carrasquilla-Lombada, et al. v. United States | Eleventh Circuit | 2018-08-09 | Denied | IFP | confrontation-clause jurisdiction jury-trial maritime-drug-law maritime-drug-law-enforcement-act pre-trial-hearing sixth-amendment statutory-interpretation testimonial-evidence | Whether the Maritime Drug Law Enforcement Act violates the Sixth Amendment by precluding the jury from determining jurisdiction and allowing the gover… |
| 18-5474 | Heriberto Garcia-Hernandez v. United States | Fifth Circuit | 2018-08-07 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum | Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5496 | Alfredo Perez, Jr. v. California | California | 2018-08-07 | Denied | Response WaivedIFP | apprendi-doctrine apprendi-v-new-jersey constitutional-interpretation criminal-sentencing due-process judicial-fact-finding judicial-findings jury-trial resentencing sentencing sixth-amendment three-strikes-law | Does the federal constitution, as construed in Apprendi v. New Jersey, permit a court to find a defendant ineligible for resentencing based on judicia… |
| 18-5457 | Michael Allyn Kennedy v. Texas | Texas | 2018-08-03 | Denied | IFP | appeal conviction criminal-procedure due-process habeas-corpus indictment jury-trial notice sixth-amendment trial | Whether the trial court erred in imposing a conviction without a reading of the indictment, thereby depriving the petitioner of due process and notice… |
| 18-5437 | Gary Richard Whitton v. Florida | Florida | 2018-08-02 | Denied | IFP | advisory-jury capital-sentencing capricious due-process eighth-amendment equal-protection equal-protection-clause jury-trial jury-trial-rights retroactivity | Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits… |
| 18-5405 | Fortino Pimentel-Soto v. United States | Fifth Circuit | 2018-08-01 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum | Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-133 | Teddy Moore v. Christopher Bramwell, et al. | New York | 2018-07-31 | Denied | Response Waived | civil-rights constitutional-rights due-process fair-trial false-arrest impartial-judiciary judicial-misconduct jury-trial malicious-prosecution state-court-jurisdiction state-court-review | Whether the State Supreme Court of King County NY, The Supreme court appellate division second NY, and the Court of Appeal of the state of New York, v… |
| 18-5415 | Louis B. Gaskin v. Florida | Florida | 2018-07-31 | Denied | IFP | capital-punishment capital-sentencing death-sentence due-process eighth-amendment equal-protection jury-trial retroactivity unconventional-rules | Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits… |
| 18-5375 | Christopher Henriquez v. California | California | 2018-07-27 | Denied | IFP | aggravating-factors burden-of-proof capital-punishment constitutional-rights criminal-sentencing death-penalty due-process equal-protection jury-trial mitigating-circumstances reasonable-doubt | Whether the California death penalty scheme violates the Fifth, Sixth and Fourteenth Amendments |
| 18-5378 | Alejandro Chavez-Garcia v. United States | Fifth Circuit | 2018-07-27 | Denied | Response WaivedIFP | alleyne-v-united-states apprendi-v-new-jersey burden-of-proof criminal-procedure defendant-rights indictment jury-beyond-reasonable-doubt jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-113 | Jeremiah Rodgers v. Florida | Florida | 2018-07-25 | Denied | Amici (1) | constitutional-rights death-penalty due-process hurst-v-florida jury-trial jury-waiver retroactivity sentencing-procedure sixth-amendment waiver | Does waiving a state-law right to have a jury make an advisory sentencing recommendation constitute a knowing and intelligent waiver of the federal co… |
| 18-5326 | Mario Howard Lloyd v. Scott Moats, et al. | Seventh Circuit | 2018-07-24 | Denied | Response WaivedIFP | civil-procedure civil-rights counsel counsel-recruitment district-court-discretion due-process eighth-amendment fundamental-error intercircuit-conflict jury-trial medical-care standing summary-judgment | Whether the District Court's 'persuasive authority' test order this case to be trial by a jury trial on February 27, 2017, and than less then two mont… |
| 18-5328 | Muffin Anderson v. Susan A. Larsen | Washington | 2018-07-24 | Denied | Response WaivedIFP | americans-with-disabilities-act civil-procedure constitutional-rights due-process fair-hearing jury-trial mental-capacity mental-disability physical-capacity procedural-fairness stare-decisis summary-judgment | Did the trial court violate the Americans with Disabilities Act and the plaintiff's constitutional rights when it denied the plaintiff's request for a… |
| 18-5331 | Ralph Simon Jeremias v. Nevada | Nevada | 2018-07-24 | Denied | IFP | aggravating-circumstances confrontation-clause constitutional-standard death-penalty due-process hurst-v-florida jury-finding jury-trial mitigating-circumstances ring-v-arizona | Whether the Constitution requires that the finding that mitigating circumstances do not outweigh aggravating circumstances to impose death be made bey… |
| 18-5317 | Jose Villanueva-Cardenas v. United States | Fifth Circuit | 2018-07-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-conviction-enhancement sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5318 | Makandi L. Terry v. Donnie Stonebreaker, Warden | Fourth Circuit | 2018-07-23 | Denied | IFP | 6th-amendment certificate-of-appealability discovery due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-plea jury-trial | Whether Appellant Terry Should Have Been Denied a Certificate of Appealability as Evidence Exists in the Record That His Trial Attorney Was Clearly In… |
| 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-… |
| 18-5247 | James McCray v. S. L. Burt, Warden | Sixth Circuit | 2018-07-18 | Denied | Response WaivedIFP | 6th-amendment constitutional-violation criminal-procedure due-process judicial-discretion jury-trial minimum-sentence plea-bargaining reasonable-doubt sentencing-guidelines sixth-amendment | Whether the Sixth Circuit decision is objectively unreasonable as a matter of due process, because McCray's sentencing guidelines offense variable(s) … |
| 18-82 | Tamara Cotman and Angela Williamson v. Georgia | Georgia | 2018-07-17 | Denied | Response Waived | acquittal criminal-procedure double-jeopardy double-jeopardy,fifth-amendment,criminal-procedure fifth-amendment jury jury-trial nonunanimous-verdict sixth-amendment sixth-amendment,criminal-procedure,jury,due-proces unanimous-verdict Whether the Double Jeopardy Clause of the Fifth Am | Whether it is a Violation of the Sixth Amendment for a jury in a criminal case to return a nonunanimous verdict |
| 18-5235 | Antrone Arness Thomas v. David Chandran | Fourth Circuit | 2018-07-13 | Denied | Response WaivedRelisted (2)IFP | civil-action civil-procedure civil-rights constitutional-rights conviction-reversal criminal-procedure due-process jury-trial legal-remedy procedural-due-process standing state-criminal-conviction | Ought I have right to a jury trial? Also a civil action due to my State criminal conviction being reversed? |
| 18-5179 | Ronnie Johnson v. Florida | Florida | 2018-07-09 | Denied | IFP | 6th-amendment 8th-amendment cruel-and-unusual-punishment death-penalty due-process equal-protection hurst-v-florida jury-trial retroactivity ring-v-arizona | Whether the retroactive application of Hurst v. Florida was unconstitutionally limited |
| 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… |
| 18-5109 | Reggie Rankins v. Illinois | Illinois | 2018-07-03 | Denied | IFP | criminal-procedure due-process evidence jurisdiction jury-trial sentencing sexual-assault statutory-interpretation | Did the State of Illinois properly disrnim a conviction based upon the evidence of J.P. testimony, and in accordance with statute 720 ILCS 5/11-1.30(A… |
| 18-5029 | Stephen Patrick Black v. Texas | Texas | 2018-06-28 | Denied | Response WaivedIFP | civil-commitment civil-rights constitutional-rights directed-verdict directed-verdicts due-process fundamental-error jury-trial liberty reasonable-doubt | Are directed verdicts constitutional in civil trials relating to indefinite civil commitment? |
| 24A948 | Michael Tanzi v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Florida | Denied | constitutional-law death-penalty federal-review jury-trial procedural-bar sixth-amendment | Whether a state supreme court's procedural bar on a death row inmate's federal constitutional claim violates the Sixth Amendment right to a jury trial… | ||
| 25A246 | Consuelo Saldana, et al. v. William Campana | California | Presumed Complete | constitutional-rights criminal-proceeding due-process execution-stay jury-trial sixth-amendment | Whether the Sixth Amendment right to a jury trial was improperly denied in a criminal proceeding in violation of constitutional due process |