| 25-960 |
Oregon, et al. v. Paul Maney, et al. |
Ninth Circuit |
2026-02-13 |
Pending |
|
corrections-leadership covid-19-response cruel-and-unusual-punishment eighth-amendment public-health-emergency qualified-immunity |
1. Whether the Eighth Amendment requires state corrections leadership to implement an overall "reasonable" statewide response to a public-health emerg… |
| 25-952 |
Brij Mohan, et al. v. Jordan Watkins |
Seventh Circuit |
2026-02-11 |
Pending |
|
bivens-claim constitutional-violation deliberate-indifference eighth-amendment inmate-rights pretrial-detention |
In Carlson v. Green, 446 U.S. 14 (1980), this Court recognized a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcoti… |
| 25-943 |
Antonio M. Smith v. John Kind, et al. |
Seventh Circuit |
2026-02-09 |
Pending |
|
clearly-established-law constitutional-rights deliberate-indifference eighth-amendment government-official qualified-immunity |
When a government official acts in an obviously unconstitutional manner, is that sufficient for the violation to be clearly established, as this Court… |
| 25-939 |
James Garfield Broadnax v. Texas |
Texas |
2026-02-06 |
Pending |
|
confrontation-clause due-process eighth-amendment equal-protection expert-testimony fourteenth-amendment |
1. Whether the State's use in a capital sentencing proceeding of rap lyrics composed by a Black defendant to argue to a nearly all-White jury that the… |
| 25-6746 |
Ronald Palmer Heath v. Florida, et al. |
Florida |
2026-02-06 |
Denied |
IFP |
eighth-amendment lethal-injection maladministration method-of-execution pleading-requirements severe-harm |
1. Is a narrowly tailored Eighth Amendment claim based on a State's documented, repeated maladministration of its chosen method of execution subject t… |
| 25A856 |
James Daryl West v. Sabrina Schultz, et al. |
Eleventh Circuit |
2026-01-30 |
Application |
|
constitutional-rights deliberate-indifference eighth-amendment monell-claim prison-medical-services supervisory-liability |
Question not identified. |
| 25-6678 |
Isaac Ramirez Rodriguez v. Virginia |
Virginia |
2026-01-30 |
Pending |
Response WaivedIFP |
constitutional-law cruel-and-unusual-punishment eighth-amendment mandatory-minimum proportionality sentencing |
Are the mandatory minimum life sentence provisions of Virginia Code §§ 18.2-61(B)(2) and 18.2-67.2(B)(2) unconstitutional as constituting Cruel and Un… |
| 25-6636 |
Donnie Bryant v. United States |
Ninth Circuit |
2026-01-21 |
Pending |
IFP |
18-usc-3582 924c-convictions extraordinary-compelling-reasons first-step-act juvenile-sentencing sentence-modification |
1. Should a defendant's juvenile status at the time of the offense qualify as an extraordinary and compelling reason for a modification of a term of i… |
| 25A821 |
Taylor Rene Parker v. Texas |
Texas |
2026-01-16 |
Application |
|
capital-punishment criminal-culpability death-penalty eighth-amendment intellectual-disability mental-capacity |
Question not identified. |
| 25A823 |
Brij Mohan, et al. v. Jordan Watkins |
Seventh Circuit |
2026-01-16 |
Application |
|
bivens-remedy due-process eighth-amendment federal-tort-claims-act medical-negligence prisoner-rights |
Question not identified. |
| 25-6593 |
Jason Jones v. Florida |
Florida |
2026-01-15 |
Pending |
IFP |
criminal-fines eighth-amendment excessive-fines fourteenth-amendment immunities-clause incarceration-costs |
Whether the Immunities Clause of the Fourteenth Amendment must restrict government from imposing costs of incarceration and criminal fines that are gr… |
| 25-6499 |
Nycole Amaury Rosario Sanchez v. United States |
First Circuit |
2026-01-07 |
Pending |
Response WaivedIFP |
age-consideration circuit-split criminal-procedure juvenile-sentencing sentencing-guidelines youth-mitigating-factor |
Whether youth (minor age) at the time of the commission of a criminal offense, with its intrinsic characteristics, is inherently a mitigating factor t… |
| 25-6447 |
Torrence Belcher v. Joshua Wallen, et al. |
Seventh Circuit |
2025-12-30 |
Pending |
Response WaivedIFP |
cruel-unusual-punishment deliberate-indifference eighth-amendment inmate-rights physical-injury prison-safety |
1. How isn't an official being responsible for an inmate 's death not a basis for suing them??
2. If it is possible to hypothesize a set of facts cons… |
| 25A712 |
Donald Wayne Read v. Texas |
Texas |
2025-12-17 |
Application |
|
constitutional-claim deliberate-indifference eighth-amendment medical-treatment prisoner-rights pro-se |
Question not identified. |
| 25A699 |
Larry E. Harrison v. Sharon A. Oliver, et al. |
Sixth Circuit |
2025-12-16 |
Application |
|
eighth-amendment hirschsprung-disease incontinence medical-indifference medical-treatment prisoner-rights |
Question not identified. |
| 25-6382 |
Frank A. Walls v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2025-12-16 |
Denied |
IFP |
constitutional-challenge eighth-amendment federal-review lethal-injection method-of-execution undue-delay |
1. Whether the Eleventh Circuit erred in denying Mr. Walls review, based solely on undue delay, despite the primary basis for his challenge —records r… |
| 25-6317 |
Harold Wayne Nichols v. Jonathan Skrmetti, Attorney General of Tennessee, et al. |
Sixth Circuit |
2025-12-08 |
Denied |
IFP |
civil-procedure cruel-and-unusual-punishment eighth-amendment lethal-injection method-of-execution statute-of-limitations |
1. Because a method-of-execution-challenge involves a future harm, and not a past harm, lower courts have struggled to determine when the claim accrue… |
| 25-6308 |
Johnny Joe Figueroa-Mangual v. United States |
First Circuit |
2025-12-08 |
Denied |
Response WaivedIFP |
constitutional-rights eighth-amendment fifth-amendment plea-agreement sentencing-guidelines sixth-amendment |
Whether it was a violation to the Fifth, Sixth and Eighth Amendment of the U.S. Constitution, the sentencing factors enshrined in 18 U.S.C. 3553 (a) a… |
| 25A661 |
Oregon, et al. v. Paul Maney, et al. |
Ninth Circuit |
2025-12-04 |
Application |
|
communicable-disease covid-19 deliberate-indifference eighth-amendment prison-conditions qualified-immunity |
Question not identified. |
| 25A618 |
Antonio M. Smith v. John Kind, et al. |
Seventh Circuit |
2025-11-25 |
Application |
|
constitutional-violation deliberate-indifference eighth-amendment excessive-force prison-conditions qualified-immunity |
1. This case presents a significant question of law—namely, what circumstances must exist for the "obvious violation" doctrine to preclude application… |
| 25-6230 |
McKinley Kelly v. Indiana |
Indiana |
2025-11-25 |
Denied |
Response WaivedIFP |
cruel-unusual-punishment due-process eighth-amendment fourteenth-amendment rehabilitation sentencing-procedure |
Whether the sentencing procedure mandated by Indiana Code Sec. 35-38-l-7.1(A) and utilized by the state trial court in imposing Kelly 's sentence, whi… |
| 25-6179 |
Benny Lee Hodge v. Laura Plappert, Warden |
Sixth Circuit |
2025-11-20 |
Denied |
IFP |
capital-sentence cruel-and-unusual-punishment eighth-amendment equal-protection habeas-corpus sixth-circuit |
I. Under its original meaning, the Cruel and Unusual Punishments Clause of the Eighth Amendment was interpreted as including disproportionate and arbi… |
| 25-6130 |
Eric Drake v. Texas |
Texas |
2025-11-14 |
Denied |
IFP |
deferred-probation due-process eighth-amendment fourteenth-amendment second-amendment subject-matter-jurisdiction |
Whether the State's refusal to allow out of state travel for life-saving medical treatment to a defendant on deferred probation violates the Eighth an… |
| 25A563 |
Rodney Vance Frith v. Kyle Smith |
Fourth Circuit |
2025-11-14 |
Application |
|
cruel-and-unusual eighth-amendment medical-indifference prisoner-rights section-1983 serious-medical-needs |
Question not identified. |
| 25-5949 |
Matthew Johnson v. Oklahoma |
Oklahoma |
2025-10-24 |
Denied |
IFP |
constitutional-claims due-process eighth-amendment evidentiary-hearing fourteenth-amendment ineffective-assistance |
1. Whether the Oklahoma courts ' categorical refusal
to grant evidentiary hearings on colorable claims of
ineffective assistance of counsel, actual … |
| 25A457 |
Anthony Boyd v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2025-10-21 |
Denied |
|
asphyxiation cruel-and-unusual eighth-amendment execution-method nitrogen-hypoxia preliminary-injunction |
When performing a comparative analysis to determine whether an alternative means of execution would significantly reduce a substantial risk of severe … |
| 25-5928 |
Anthony Boyd v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2025-10-21 |
Denied |
IFP |
comparative-analysis cruel-and-unusual-punishment death-penalty eighth-amendment execution-method nitrogen-hypoxia |
When performing a comparative analysis to determine whether an alternative means of execution would significantly reduce a substantial risk of severe … |
| 25A438 |
Demond Depree Bluntson v. Texas |
Texas |
2025-10-16 |
Presumed Complete |
|
capital-murder certiorari death-row due-process eighth-amendment indigent-defendant |
Whether the Court of Criminal Appeals' decision upholding the trial court's denial of Mr. Bluntson's request to represent himself because he allegedly… |
| 25-442 |
Joseph J. Roybal, Sheriff, El Paso County, Colorado, et al. v. Darlene Griffith |
Tenth Circuit |
2025-10-10 |
Pending |
Amici (1) |
constitutional-scrutiny due-process eighth-amendment equal-protection prison-policies transgender-rights |
1. Whether a transgender inmate's challenge to sex-based prison policies is subject to heightened scrutiny under United States v. Virginia, 518 U.S. 5… |
| 25A406 |
Samuel Lee Smithers v. Florida |
Florida |
2025-10-08 |
Denied |
|
constitutional-rights death-penalty due-process eighth-amendment execution-stay meaningful-hearing |
Question not identified. |
| 25-5829 |
Samuel Lee Smithers v. Florida |
Florida |
2025-10-08 |
Denied |
IFP |
constitutional-rights cruel-and-unusual-punishment death-penalty eighth-amendment elderly-defendant standards-of-decency |
1. Does the execution of the elderly violate the Eighth Amendment of the United States Constitution's prohibition against cruel and unusual punishment… |
| 25-417 |
Francis Nielsen v. Kekai Watanabe |
Ninth Circuit |
2025-10-07 |
Pending |
|
alternative-remedies bivens-remedy damages-action eighth-amendment prison-conditions special-factors |
Whether the Ninth Circuit here erred in recognizing a Bivens cause of action. |
| 25-5784 |
Daniel Raul Santiago Vasquez v. Oklahoma |
Oklahoma |
2025-10-02 |
Denied |
IFP |
capital-punishment criminal-procedure due-process eighth-amendment mitigation-testimony videoconference-testimony |
1. Does the Eighth Amendment allow the State to prevent live mitigation testimony in favor of a capital defendant based upon financial reasons alone (… |
| 25-5749 |
Victor Saldano v. Texas |
Texas |
2025-09-29 |
Pending |
IFP |
atkins-claim due-process eighth-amendment intellectual-disability procedural-bar state-court-review |
1. Does the TCCA's creation of a novel and unforeseeable procedural bar in its interpretation of Article 11.071 Section 5 preclude review of Mr. Salda… |
| 25-5757 |
Kristopher Jacob Freda v. Oregon |
Oregon |
2025-09-29 |
Denied |
Response WaivedIFP |
constitutional-violations cruel-and-unusual-punishment eighth-amendment first-amendment fourteenth-amendment writ-of-mandamus |
Will SCOTUS order a writ of mandamus to stop the State of Oregon from punishing Freda with cruel and unusual punishment and stop the Constitutional vi… |
| 25A360 |
Henry B. Berrocal v. San Antonio Police Department-Headquarters, et al. |
Fifth Circuit |
2025-09-29 |
Application |
|
civil-rights eighth-amendment fifth-amendment first-amendment fourteenth-amendment fourth-amendment |
Question not identified. |
| 25-5738 |
Mark H. Wilson v. Florida |
Florida |
2025-09-25 |
Denied |
IFP |
appellate-review brown-v-sanders capital-punishment eighth-amendment fourteenth-amendment harmless-error |
Where the trial court in a capital case allows the State to present and argue an invalid aggravating factor to the jury in support of a death sentence… |
| 25A292 |
Larce Spikes v. Lesley Wheat, et al. |
Fifth Circuit |
2025-09-12 |
Presumed Complete |
|
constitutional-minimum deliberate-indifference eighth-amendment medical-care prisoner-rights qualified-immunity |
1. This case presents an important question of federal law to resolve: in order to overcome qualified immunity and proceed on a claim of deliberate in… |
| 25-5605 |
David Joseph Pittman v. Florida |
Florida |
2025-09-11 |
Denied |
IFP |
capital-punishment due-process eighth-amendment equal-protection ex-post-facto retroactive-effect |
1. Does the Florida Supreme Court's decision in Phillips v. State , 299 So.3d 1013 (Fla. 2020) , denying some capital defendants the retroactive effec… |
| 25-279 |
Matthew Wood v. New Mexico |
New Mexico |
2025-09-10 |
Denied |
Response Waived |
criminal-sentencing due-process eighth-amendment felony-murder fourteenth-amendment proportionality |
Where a defendant is not convicted of the predicate offense, does a conviction for first-degree felony murder comport with due process under the Fourt… |
| 25-5532 |
James Randall Rogers v. Georgia |
Georgia |
2025-09-03 |
Denied |
Relisted (2)IFP |
bitemark-evidence capital-punishment discretionary-appeal eighth-amendment fourteenth-amendment scientific-evidence |
1. Whether the Eighth and Fourteenth Amendments require a remand where the State has conceded that no court ever addressed the impact of Rogers's new … |
| 25-5534 |
Carl G. Lindsey v. Ohio |
Ohio |
2025-09-03 |
Denied |
IFP |
cruel-and-unusual-punishment due-process eighth-amendment equal-protection fetal-alcohol-spectrum-disorder fourteenth-amendment |
Does the Eighth Amendment's prohibition against cruel and unusual punishments, and the Fourteenth Amendment's guarantees of Due Process and Equal Prot… |
| 25A230 |
Clyde Wendell Smith v. Mississippi |
Mississippi |
2025-08-27 |
Presumed Complete |
|
eighth-amendment fourteenth-amendment habeas-corpus mississippi-supreme-court sixth-amendment successive-postconviction |
Question not identified. |
| 25-5459 |
Robert Keith Woodall v. Kentucky |
Kentucky |
2025-08-25 |
Denied |
Relisted (2)IFP |
confrontation-clause death-penalty due-process eighth-amendment fourteenth-amendment intellectual-disability |
The Eighth and Fourteenth Amendments forbid the execution of persons with intellectual disability. Atkins v. Virginia, 536 U.S. 304, 321 (2002). Perso… |
| 25-5440 |
Curtis Windom v. Florida, et al. |
Florida |
2025-08-22 |
Denied |
IFP |
constitutional-protections due-process eighth-amendment litigation-schedule public-conscience sixth-amendment |
1. Whether the "evolving standards of decency" test, which has been recognized for Eighth Amendment protections, should be used to analyze other const… |
| 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 |
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PhWnKK a^A AenteA kVw + |fty… |
| 25A208 |
Francis Nielsen v. Kekai Watanabe |
Ninth Circuit |
2025-08-21 |
Presumed Complete |
|
alternative-remedies bivens-action eighth-amendment federal-detention medical-treatment prisoner-rights |
Whether the Ninth Circuit correctly applied the first step of the Egbert v. Boule test by holding that a case involving a federal detention center's r… |
| 25-200 |
Kevin Salvador Golphin v. North Carolina |
North Carolina |
2025-08-19 |
Denied |
Response Waived |
constitutional-law criminal-procedure eighth-amendment juvenile-sentencing life-without-parole sentencing-discretion |
Whether North Carolina, in conflict with this Court's precedents and those of other states, has violated the Eighth Amendment by creating a de facto m… |
| 25-5371 |
Douglas Manning v. Matthew J. Platkin, Attorney General of New Jersey |
Third Circuit |
2025-08-15 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-rights correctional-facility cruel-and-unusual-punishment eighth-amendment prisoner-treatment |
0 nturioI. clai/M adion or failure, -U dof
OrfftouAed 'ta ctdeAi/al 'iofl of 4-o
feaSonobte o{\ ffof/} a&fawll 06 rro/tdgj by-^ho
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| 25A186 |
Charles Brooks, et al. v. Jeremy James Allen |
Eighth Circuit |
2025-08-15 |
Presumed Complete |
|
amended-complaint eighth-amendment interlocutory-review plra-exhaustion prisoner-litigation section-1983 |
Question not identified. |
| 25-5366 |
Jane Doe v. Jack Dwosh |
California |
2025-08-14 |
Denied |
IFP |
due-process eighth-amendment excessive-fines fourteenth-amendment indigent-party pro-per |
The Eighth Amendment's Excessive Fines Clause, which protects against excessive punitive economic sanctions, is fundamental to the scheme of ordered l… |
| 25A185 |
Kayle B. Bates v. Florida, et al. |
Florida |
2025-08-14 |
Denied |
|
capital-punishment constitutional-protection cruel-and-unusual death-penalty eighth-amendment irreparable-harm |
Question not identified. |
| 25-5341 |
Kenneth Jeremy Laird v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure eighth-amendment juvenile-sentencing sentencing-discretion supreme-court-precedent |
In 1994, an Arizona judge sentenced Mr. Laird to death for a murder conviction and a total of 129 years in prison for 13 other nonhomicide crimes. Mr.… |
| 25-5354 |
Michael Joshua Henderson v. Pamela Bondi, Attorney General, et al. |
Second Circuit |
2025-08-13 |
Denied |
IFP |
constitutional-rights due-process eighth-amendment first-amendment marijuana-scheduling medical-necessity |
A. Whether this Court should overrule Gonzales v. Raich, 545 U.S. 4, 125 S.Ct. 2145 (2005) in this present day and time?
B. If so, whether in this pr… |
| 25A182 |
Morgan Joseph Langan v. Chip Davis, et al. |
Arizona |
2025-08-13 |
Application |
|
constitutional-protections due-process eighth-amendment excessive-fines petition-rights republican-form-of-government |
When a local government, imposes excessive fines in violation of Amendment VIII
to the Constitution; can the right to petition the government for redr… |
| 25-5279 |
Evan McCarrick Jerald v. Arizona |
Arizona |
2025-08-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure eighth-amendment juvenile-sentencing life-without-parole sentencing-guidelines |
Under Graham v. Florida, the Eighth Amendment "prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit ho… |
| 25-131 |
David C. L. Walton v. Ashley Nehls |
Seventh Circuit |
2025-08-04 |
Denied |
|
consent constitutional-rights eighth-amendment incarceration prison-official sexual-misconduct |
Whether the Eighth Amendment, which is interpreted according to "evolving standards of decency," permits a contrary rule that treats an incarcerated p… |
| 25-5261 |
Byron Black v. Frank Strada, Commissioner, Tennessee Department of Corrections, et al. |
Tennessee |
2025-08-01 |
Denied |
IFP |
cruel-and-unusual-punishment due-process eighth-amendment execution-method injunctive-relief medical-procedure |
1. Where a state government facilitated the implantation of a cardiac defibrillator that has been shown to be very likely to result in severe pain dur… |
| 25A136 |
Byron Black v. Frank Strada, Commissioner, Tennessee Department of Corrections, et al. |
Tennessee |
2025-08-01 |
Denied |
|
cruel-and-unusual-punishment eighth-amendment execution-protocol implanted-cardioverter-defibrillator irreparable-harm lethal-injection |
Question not identified. |
| 25A118 |
Byron Lewis Black v. Tennessee |
Tennessee |
2025-07-28 |
Denied |
|
atkins-claim death-penalty eighth-amendment intellectual-disability iq-scores medical-standards |
Question not identified. |
| 25A101 |
John Allen Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-07-24 |
Presumed Complete |
|
capital-murder eighth-amendment false-testimony habeas-corpus ineffective-assistance sixth-amendment |
Question not identified. |
| 25A104 |
Edward J. Zakrzewski, II v. Florida |
Florida |
2025-07-24 |
Denied |
|
arbitrary-and-capricious cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment jury-override |
Question not identified. |
| 25A93 |
Kevin Don Foster v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-07-23 |
Presumed Complete |
|
constitutional-violations death-penalty eighth-amendment fourteenth-amendment ineffective-assistance sixth-amendment |
Question not identified. |
| 25-5136 |
Christopher Thomas Scamahorn v. Florida |
Florida |
2025-07-17 |
Denied |
IFP |
cruel-and-unusual-punishment eighth-amendment fourteenth-amendment juvenile-offenders meaningful-opportunity rehabilitation |
Question 1: Whether under the Eighth Amendment as applied to the states via the Fourteenth Amendment, the Cruel and Unusual Punishments Clause prohibi… |
| 25-5129 |
Byron Lewis Black v. Tennessee |
Tennessee |
2025-07-16 |
Denied |
IFP |
common-law-prohibition competency-to-execute cruel-unusual-punishment eighth-amendment ford-standard mental-incompetency |
Whether a state may refuse to provide a process by which a state inmate may prove that he is not competent to be executed because he meets the common … |
| 25A53 |
Victor Saldano v. Texas |
Texas |
2025-07-14 |
Presumed Complete |
|
atkins-claim competency-to-execute death-penalty eighth-amendment expert-testimony intellectual-disability |
Question not identified. |
| 25-5084 |
Douglas Manning v. Administrator, East Jersey State Prison, et al. |
Third Circuit |
2025-07-11 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-violation due-process eighth-amendment excessive-force prisoner-rights |
X claims that bfifendanX action of failure to
Act aMou/Adl 40 a<)eJhVation of AU Planning fi'qhj-
To reasonable Protection Prom aS5ccu.lt aS Proi4ct… |
| 25-5083 |
Michael Bernard Bell v. Florida |
Florida |
2025-07-10 |
Denied |
IFP |
death-penalty eighth-amendment evidentiary-hearing fourteenth-amendment prosecutorial-misconduct witness-recantation |
Does the Petitioner's execution violate the Eighth and Fourteenth amendments to the United States Constitution when the conduct of the government and … |
| 25-5056 |
Edward Lee Busby, Jr. v. Texas |
Texas |
2025-07-08 |
Denied |
IFP |
atkins-standard cruel-and-unusual-punishment death-penalty eighth-amendment expert-testimony intellectual-disability |
Where the clinical criteria unequivocally establish that a death row inmate is intellectually disabled, and where all the experts -- including the exp… |
| 25A28 |
Mica Alexander Martinez v. Christe Quick, Warden |
Tenth Circuit |
2025-07-08 |
Presumed Complete |
|
capital-punishment constitutional-error death-penalty eighth-amendment execution-protocol habeas-corpus |
Question not identified. |
| 25A15 |
Ali Awad Mahmoud Irsan v. Texas |
Texas |
2025-07-03 |
Presumed Complete |
|
capital-conviction constitutional-review death-penalty due-process eighth-amendment texas-criminal-procedure |
Question not identified. |
| 24A1287 |
Kenneth J. Jouppi v. Alaska |
Alaska |
2025-06-26 |
Presumed Complete |
|
alcohol-transportation dry-village eighth-amendment excessive-fines forfeiture mandatory-seizure |
1. In 2019, this Court held that the Eighth Amendment's "[p]rotection against excessive punitive economic sanctions" is both "fundamental to our schem… |
| 24-7491 |
Richard Jordan v. Mississippi State Executioner, et al. |
Fifth Circuit |
2025-06-25 |
Denied |
IFP |
chemical-paralytic constitutional-challenge eighth-amendment lethal-injection method-of-execution prisoner-rights |
1. In a method-of-execution challenge based on the Eighth Amendment, does this Court's jurisprudence require lower courts to assess the substantiality… |
| 24A1279 |
Richard Jordan v. Mississippi State Executioner, et al. |
Fifth Circuit |
2025-06-25 |
Denied |
|
alternative-method chemical-paralytic eighth-amendment execution-protocol lethal-injection midazolam |
Question not identified. |
| 24-7457 |
Thomas Lee Gudinas v. Florida |
Florida |
2025-06-18 |
Denied |
IFP |
constitutional-rights death-penalty eighth-amendment executive-discretion fourteenth-amendment public-records |
1. Whether Florida abused its discretion in denying Gudinas's demand for public records from the Executive Office of the Governor, in violation of Gud… |
| 24A1253 |
Daniel Raul Santiago Vasquez v. Oklahoma |
Oklahoma |
2025-06-18 |
Presumed Complete |
|
capital-murder death-penalty eighth-amendment extension-of-time post-conviction pro-bono-counsel |
Question not identified. |
| 24-7365 |
Anthony Floyd Wainwright v. Florida |
Florida |
2025-06-05 |
Denied |
IFP |
brady-violation due-process eighth-amendment mitigating-evidence post-conviction-relief scientific-evidence |
1. Whether the Florida Supreme Court's persistent and fundamental misapprehension of this Court's holding in Brady v. Maryland, 373 U.S. 83 (1963), an… |
| 24A1175 |
Kevin Salvador Golphin v. North Carolina |
North Carolina |
2025-06-02 |
Presumed Complete |
|
cruel-and-unusual eighth-amendment juvenile-offender life-without-parole miller-v-alabama rehabilitation |
Question not identified. |
| 24-1207 |
Angela Schuncey Richardson v. Krystle Reed Duncan, Corporal |
Eighth Circuit |
2025-05-27 |
Denied |
Amici (1)Response RequestedRelisted (2) |
circuit-split coercion eighth-amendment prison-official-liability prisoner-rights sexual-misconduct |
Whether a prisoner challenging a prison official's sexual misconduct must plead that the prisoner's participation was coerced in order to state a clai… |
| 24-7172 |
Erick Alfredo Peralta v. Texas |
Texas |
2025-05-12 |
Denied |
IFP |
capital-murder criminal-sentencing eighth-amendment life-without-parole proportionality texas-penal-code |
Does the Eighth Amendment prohibit sentences which are disproportionate?
If so, is Life Without Parole disproportionate for a capital murder
convict… |
| 24-7151 |
Zane Michael Floyd v. Jeremy Bean, Warden, et al. |
Nevada |
2025-05-06 |
Denied |
IFP |
atkins-ruling capital-punishment cruel-and-unusual-punishment eighth-amendment intellectual-disability medical-consensus |
Whether, given this medical consensus, the original meaning of the Eighth Amendment, and this Court's rulings in Atkins and Roper, a state may constit… |
| 24-7117 |
Jeffrey Hutchinson v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-05-01 |
Denied |
IFP |
competency-to-execute death-penalty due-process eighth-amendment mental-health panetti-standard |
1. Does a finding of competency because a petitioner has a "rational understanding of the fact of his pending execution and the reason for it[,]" sole… |
| 24-7087 |
Jeffrey G. Hutchinson v. Florida, et al. |
Florida |
2025-04-29 |
Denied |
IFP |
constitutional-review criminal-procedure death-penalty due-process eighth-amendment fundamental-fairness |
1. As the dissent below highlights, does "due process require [] more" than what has occurred in this death warrant case, including the unnoticed trun… |
| 24-1111 |
Damon Peterson v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-04-28 |
Denied |
|
certificate-of-appealability eighth-amendment fourteenth-amendment juvenile-offender life-sentence parole-commission |
1) Whether a Certificate of Appealability should have issued because reasonable jurists would find debatable or wrong the district court's conclusion … |
| 24-7077 |
Todd Stephens v. United States |
Eleventh Circuit |
2025-04-25 |
Denied |
Response WaivedIFP |
due-process eighth-amendment excessive-fines fifth-amendment pro-se-litigant restitution |
Does imposing a restitution order of $130,220,803.65 — derived from speculative calculations and disproportionately exceeding the petitioner's limited… |
| 24-1107 |
Jonathan Peoples v. Cook County, Illinois, et al. |
Seventh Circuit |
2025-04-24 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights due-process eighth-amendment fourteenth-amendment government-behavior overdetention |
Whether the Eighth Amendment provides the sort of explicit textual source of constitutional protection for "overdetention" such that the Eighth Amendm… |
| 24-1067 |
John Wetzel, et al. v. Roy L. Williams |
Third Circuit |
2025-04-09 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights death-row eighth-amendment mental-illness qualified-immunity solitary-confinement |
Was it clearly established for qualified immunity purposes that long-term solitary confinement for a death-row inmate with a mental illness violated t… |
| 24-6939 |
Scott Lee DeShaw, et al. v. Arizona |
Arizona |
2025-04-07 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
criminal-procedure jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama parole-discretion |
States may not "make life without parole the mandatory (or mandatory minimum) punishment" for juveniles. Miller v. Alabama, 567 U.S. 460, 482 n.9 (201… |
| 24-6931 |
Ohio, ex rel. David E. Feathers v. Eleventh District Court of Appeals of Ohio, Portage County, et al. |
Ohio |
2025-04-04 |
Denied |
IFP |
custodial-supervision due-process eighth-amendment equal-protection separation-of-powers writ-of-mandamus |
WHETHER THE USE OF A SHAM LEGAL PROCESS TO PROCESS FRAUDULENT APPEALS BY THE ELEVENTH DISTRICT COURT OF APPEALS OF OHIO WARRANTED THE ISSUANCE OF A WR… |
| 24-6932 |
Michael Tanzi v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2025-04-04 |
Denied |
IFP |
death-penalty due-process eighth-amendment fourteenth-amendment jury-recommendation sixth-amendment |
1. Whether Florida may limit a penalty phase jury's role under the Sixth, Eighth, and Fourteenth Amendments based on Spaziano v. Florida, a case which… |
| 24-1045 |
City of Los Angeles, California v. Jesus Pimentel, et al. |
Ninth Circuit |
2025-04-01 |
Denied |
Response Waived |
42-usc-1983 burden-of-proof eighth-amendment excessive-fines gross-disproportionality prima-facie-case |
Does a government defending against an Eighth Amendment excessive fines claim under 42 U.S.C. § 1983 bear a burden to produce affirmative evidence tha… |
| 24-6893 |
Jonathan Taum v. United States |
Ninth Circuit |
2025-03-31 |
Denied |
Response WaivedIFP |
constitutional-interpretation cruel-and-unusual-punishment eighth-amendment hudson-v-mcmillian prison-guard prisoner-rights |
1. Did the Ninth Circuit err when it disregarded Petitioner Taum's argument that Hudson v. McMillian, 503 U.S. 1 (1992) was wrongly decided and should… |
| 24-6894 |
William J. Wise v. United States |
Ninth Circuit |
2025-03-31 |
Denied |
Response WaivedIFP |
aging-process compassionate-release district-court eighth-amendment first-step-act medical-conditions |
Whether the District Court establish an improperly high standard for demonstrating "serious deterioration in physical or mental health because of the … |
| 24-6885 |
Thomas Creech v. Idaho |
Idaho |
2025-03-28 |
Denied |
IFP |
constitutional-law death-penalty due-process eighth-amendment evolving-standards execution-attempts |
Should Resweber be overruled? |
| 24-1000 |
In Re Michael Prete |
|
2025-03-20 |
Denied |
Relisted (2) |
due-process eighth-amendment fifth-amendment first-amendment fourth-amendment sixth-amendment |
Did the R.I. Judiciary violate Petitioner's First Amendment right by retaliating (repeatedly) (e.g. arbitrarily doubling Petitioner's bail, denying Pe… |
| 24A274 |
Marcellus Williams v. Missouri, ex rel. Michael L. Parson, Governor of Missouri, et al. |
Missouri |
2025-03-18 |
Denied |
|
actual-innocence capital-punishment clemency death-penalty eighth-amendment post-conviction-relief |
Question not identified. |
| 24-6775 |
Edward Thomas James v. Florida |
Florida |
2025-03-17 |
Denied |
IFP |
constitutional-error death-penalty due-process eighth-amendment evolving-standards-of-decency non-unanimous-jury |
Petitioner Edward Thomas James is scheduled to be executed by the State of Florida on March 20, 2025, based on a non-unanimous jury sentencing verdict… |
| 24-6778 |
Jessie Hoffman v. Gary Westcott, Secretary, Louisiana Department of Public Safety and Corrections, et al. |
Fifth Circuit |
2025-03-16 |
Dismissed |
IFP |
cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-gassing religious-freedom rluipa |
1. Whether a method of execution that superadds psychological suffering—including terror and mental anguish—compared to an available alternative metho… |
| 24-6757 |
Caed Brawner v. Florida |
Florida |
2025-03-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-law cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole |
Whether a sentence of mandatory life imprisonment without the possibility of parole on a teenager violates the prohibition of cruel and unusual punish… |
| 24-6748 |
Clifford Charles Galley, II v. Colorado |
Colorado |
2025-03-11 |
Denied |
Response WaivedIFP |
consecutive-sentences constitutional-proportionality cruel-unusual-punishment eighth-amendment life-without-parole sentencing |
1) Under the ever evolving standards that mark the progress of a maturing society, does the Eighth Amendments prohibition against cruel and unusual pu… |
| 24-941 |
Wayne Sellers, IV v. Colorado |
Colorado |
2025-03-03 |
Denied |
Response Waived |
diminished-culpability eighth-amendment felony-murder life-without-parole mandatory-sentencing penological-goals |
Petitioner received a mandatory sentence of life imprisonment without the possibility of parole for felony murder. He was twenty years old at the time… |
| 24-6685 |
Rodney Douglas Eaves v. Ms. Kory, et al. |
Tenth Circuit |
2025-03-03 |
Denied |
IFP |
covid-19 eighth-amendment injunctive-relief mootness prisoner-rights pro-se-complaint |
1. Was the exposure to COVID-19 sufficiently serious enough to trigger an
Eighth Amendment protection?
2. Does the permanent loss of the sense of sme… |
| 24-928 |
Zackery Terrell v. Texas |
Texas |
2025-02-26 |
Denied |
Response Waived |
constitutional-rights cruel-unusual-punishment eighth-amendment ineffective-assistance sixth-amendment suggestion-of-reconsideration |
I. Whether the denial of the Applicant's Suggestion of Reconsideration violates the Eighth Amendment protection against cruel and unusual punishment i… |
| 24-6639 |
Mario Ayala Alfaro v. California |
California |
2025-02-25 |
Denied |
Response WaivedIFP |
common-law-infant criminal-procedure due-process eighth-amendment jurisdictional-defect mens-rea |
1. Whether punishing a common-law infant in violation of a substantive rule of criminal procedure when devoid of the requisite knowledge and guilty me… |
| 24-6608 |
Felix Pusey v. Florida |
Florida |
2025-02-21 |
Denied |
Response WaivedIFP |
eighth-amendment firearm-possession juvenile-offender mandatory-minimum second-amendment sixth-amendment |
1. Whether section 790.23(1)(b), Florida Statutes, which criminalizes the possession and ownership of a firearm by people under the age of 24 who have… |
| 24-6510 |
James D. Ford v. Florida |
Florida |
2025-02-08 |
Denied |
IFP |
death-penalty due-process eighth-amendment evolving-standards fourteenth-amendment post-conviction-relief |
Whether Florida's use of the "conformity clause" in the Florida constitution improperly violates Ford's Fourteenth Amendment Due Process rights and hi… |
| 24A767 |
Jacob Brown v. Tennessee |
Tennessee |
2025-02-07 |
Presumed Complete |
|
constitutional-relief eighth-amendment fourteenth-amendment juvenile-sentencing life-without-parole post-conviction |
Question not identified. |
| 24-837 |
Anne Francisco, et al. v. Jason England, et al. |
Eighth Circuit |
2025-02-05 |
Denied |
Response Waived |
corrections-staff deliberate-indifference eighth-amendment mental-health qualified-immunity suicide-watch |
The Eighth Amendment prohibits prison guards from intentionally denying or delaying access to medical care. Respondents failed to immediately start su… |
| 24-6450 |
Jason Orlando Rios v. Florida |
Florida |
2025-02-03 |
Denied |
Response WaivedIFP |
constitutional-rights cruel-and-unusual-punishment eighth-amendment florida-law post-conviction-relief sexual-battery |
I* Should F\of\Aa's CouvfK coKvHnue 4t) be 4r> _ .
ntuAx) «w+e<i &udS* unJw S^o.^^c)^ FU.SMr.j u,U]<Mhm^
mol«+ef it&uAVps a conun*iH«A fc
of offense.… |
| 24-809 |
Howard Goldey, Associate Warden, et al. v. Andrew Fields, III, et al. |
Fourth Circuit |
2025-01-30 |
Judgment Issued |
Amici (2)Response RequestedResponse WaivedRelisted (4) |
bivens-action constitutional-damages eighth-amendment excessive-force federal-officers judicial-remedy |
In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Court recognized an implied cause of action under the C… |
| 24-6387 |
Raymond Bradley v. Florida |
Florida |
2025-01-24 |
Denied |
IFP |
constitutional-sentencing criminal-procedure juvenile-sentencing mandatory-minimum proportionality-principle youth-consideration |
Whether the mandatory penalty scheme at issue here is flawed where it prevents the sentencer from taking account of the central considerations of Grah… |
| 24-791 |
Barry J. Byrnes v. Sylvia Marie Byrnes |
Tenth Circuit |
2025-01-24 |
Denied |
Response Waived |
bankruptcy-procedure constitutional-rights district-court-review eighth-amendment judicial-sanctions jury-trial-right |
1. Did the bankruptcy judge enter an illegal judgment and violate Petitioner's right to a jury trial in district court on the tort claims?
2. Are the… |
| 24-6356 |
RonAllen Hardy v. Tennessee |
Tennessee |
2025-01-22 |
Denied |
Response WaivedIFP |
brain-development cognitive-maturity cruel-unusual-punishment eighth-amendment juvenile-sentencing miller-principles |
1. Whether sentencing RonAllen Hardy to life without parole, despite his
being 18 years and 5 months old at the time of the offense and developmental… |
| 24-6337 |
Sirhan B. Sirhan v. California |
California |
2025-01-17 |
Denied |
Response WaivedIFP |
constitutional-rights due-process eighth-amendment governor-discretion parole-review youth-offender-protections |
1. DOES CALIFORNIA CONSTITUTION ARTICLE V, SECTION 8(b) VIOLATE THE U.S. CONSTITUTION'S DUE PROCESS CLAUSE BECAUSE OF THE INTOLERABLE RISK THAT PUBLIC… |
| 24A698 |
Randy W. Duck v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2025-01-15 |
Presumed Complete |
|
constitutional-challenge cruel-and-unusual death-penalty eighth-amendment method-of-execution prisoner-rights |
Question not identified. |
| 24A688 |
Thomas Creech v. Idaho |
Idaho |
2025-01-14 |
Presumed Complete |
|
botched-execution cruel-and-unusual death-penalty eighth-amendment execution-attempt resweber-precedent |
Question not identified. |
| 24A675 |
Jermaine Alexander Foster v. Florida |
Florida |
2025-01-10 |
Presumed Complete |
|
capital-punishment death-penalty eighth-amendment intellectual-disability postconviction-relief supreme-court-review |
Question not identified. |
| 24A659 |
Karl Douglas Roberts v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2025-01-02 |
Presumed Complete |
|
certiorari circuit-court death-penalty eighth-amendment habeas-corpus time-extension |
Question not identified. |
| 24A637 |
Davone Unique Anderson v. Pennsylvania |
Pennsylvania |
2024-12-30 |
Presumed Complete |
|
capital-punishment criminal-culpability death-penalty eighth-amendment intellectual-disability supreme-court-review |
Whether a court must take into account a person's mental health crisis in assessing the voluntariness of custodial, non-Mirandized statements. |
| 24A627 |
United States v. Steven Zorn, et al. |
Eighth Circuit |
2024-12-26 |
Presumed Complete |
|
civil-penalty eighth-amendment excessive-fines false-claims-act medicaid-fraud qui-tam |
Question not identified. |
| 24-6178 |
Michael Harvel v. United States |
Sixth Circuit |
2024-12-19 |
Denied |
IFP |
civil-rights color-of-law eighth-amendment kidnapping sexual-assault statute-of-limitations |
Where a state actor sexually assaults and kidnaps a fellow employee "under color of law," does 18 U.S.C. § 242 proscribe as a sentencing option the de… |
| 24-6172 |
Tyrone T. Johnson v. Florida |
Florida |
2024-12-18 |
Denied |
IFP |
arbitrary-capricious capital-sentencing death-penalty eighth-amendment fourteenth-amendment proportionality-review |
Has the Florida Supreme Court by abandoning comparative proportionality review in death penalty appeals - - while dismantling other safeguards, and in… |
| 24A602 |
Zackery Terrell v. Texas |
Texas |
2024-12-18 |
Presumed Complete |
|
criminal-procedure eighth-amendment ineffective-assistance plea-bargain right-to-counsel sentencing-guidelines |
Question not identified. |
| 24A595 |
Wayne Sellers, IV v. Colorado |
Colorado |
2024-12-17 |
Presumed Complete |
|
criminal-culpability eighth-amendment felony-murder life-without-parole proportionality youth-sentencing |
Question not identified. |
| 24-6108 |
Sixto Jorge Diaz-Colon v. United States |
First Circuit |
2024-12-10 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights due-process eighth-amendment procedural-rules sixth-amendment |
I. WHETHER AN APPELLATE COURT VIOLATES THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT BY DISMISSING AN APPEAL BASED SOLELY ON PROCEDURAL DEFICIENCIES, … |
| 24-6086 |
Curtis James McGarvey v. United States |
Eighth Circuit |
2024-12-06 |
Denied |
Response WaivedIFP |
due-process eighth-amendment ineffective-assistance-of-counsel lasciviousness-standard sexual-exploitation sixth-amendment |
Where Supreme Court precedent has been usurped by a United States District Court decision regarding the lasciviousness standard applied in cases of (a… |
| 24-6058 |
Blaine Keith Milam v. Texas |
Texas |
2024-12-04 |
Denied |
Amici (1)IFP |
adaptive-behavior atkins-standard clinical-assessment eighth-amendment intellectual-disability iq-testing |
Did the state court run afoul of Atkins v. Virginia, 536 U.S. 304 (2002), when it ignored an applicant's full range of IQ scores in favor of a single … |
| 24-6050 |
Lolita Barthel v. Florida |
Florida |
2024-12-02 |
Denied |
Response WaivedIFP |
constitutional-rights due-process eighth-amendment equal-protection juvenile-offender sentence-review |
1. Under the Eighth Amendment and the Equal Protection Clause, Are juvenile offenders entitled to a review of his or her sentence if they are serving … |
| 24A523 |
Willie R. Burgess, Jr. v. Alabama |
Alabama |
2024-11-27 |
Presumed Complete |
|
capital-murder death-penalty eighth-amendment evidentiary-hearing postconviction state-review |
Question not identified. |
| 24-6017 |
Hanoi Hormachea v. Haridas Bhadja, in His Official Capacity as Chief Medical Officer at Okeechobee Correctional Institution |
Eleventh Circuit |
2024-11-22 |
Denied |
Response WaivedIFP |
administrative-exhaustion civil-rights deliberate-indifference eighth-amendment fourteenth-amendment section-1983 |
WHETHER THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ERRED BY DISMISSING THE APPEAL WHEN PETITIONER HAD IN FACT PROPERLY EXHAUS… |
| 24-560 |
Dennis Hopkins, et al. v. Michael Watson, Mississippi Secretary of State |
Fifth Circuit |
2024-11-19 |
Denied |
Amici (1)Relisted (2) |
constitutional-law eighth-amendment equal-protection felony-disenfranchisement fourteenth-amendment voting-rights |
1. Mississippi's harsh and unforgiving felony disenfranchisement scheme is a national outlier. Section 241 of the Mississippi Constitution punishes ci… |
| 24-5993 |
Carey Grayson v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2024-11-19 |
Denied |
IFP |
conscious-suffocation cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-hypoxia superadded-terror |
1. Does the Eighth Amendment's prohibition on cruel and unusual punishment bar a method of execution that includes conscious suffocation?
2. Does the… |
| 24-549 |
Stephen B. Grant, on Behalf of the United States and the State of Iowa v. Steven Zorn, et al. |
Eighth Circuit |
2024-11-15 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
civil-penalty eighth-amendment excessive-fines-clause false-claims-act qui-tam statutory-damages |
1. Whether the FCA's statutory civil penalty must be limited to a single-digit multiplier of the actual damages under the Eighth Amendment, in a non-i… |
| 24-5980 |
Vernell Moore v. United States |
Sixth Circuit |
2024-11-15 |
Denied |
Response WaivedIFP |
district-court-discretion eighth-amendment methamphetamine-enhancement proportionality-of-punishment sentencing-disparity sentencing-guidelines |
Whether both the District Court and Sixth Circuit erred in determining that the District Court was entitled to apply the 10:1 enhancement for methamph… |
| 24-5950 |
Terry Eugene Iversen v. David Pedro, Superintendent, Eastern Oregon Correctional Institution |
Ninth Circuit |
2024-11-12 |
Denied |
Response WaivedIFP |
categorical-approach cruel-and-unusual-punishment eighth-amendment life-sentence public-indecency recidivist |
Whether Mr. Iversen's sentence to life without parole for recidivist public indecency by exposing his genitals constitutes cruel and unusual punishmen… |
| 24A464 |
Daniel O. Conahan, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-11-08 |
Presumed Complete |
|
brady-violation certificate-of-appealability eighth-amendment fourteenth-amendment ineffective-assistance sixth-amendment |
Question not identified. |
| 24-5904 |
Allen Ward Cox v. Florida |
Florida |
2024-11-04 |
Denied |
IFP |
brain-damage cruel-and-unusual-punishment eighth-amendment evolving-standards medical-condition mental-impairment |
1. Whether the Petitioner's medical condition which includes brain damage
and dementia that results in impulse control deficits, impaired executive fu… |
| 24-5877 |
Holston Banks, III v. John H. Spence |
Fifth Circuit |
2024-10-31 |
Denied |
Response WaivedIFP |
civil-rights district-court eighth-amendment judicial-error legal-framing pleading-rules |
1. Did The United States District Court Northern District Judge James Wesley Hendrix Cause A Judicial Error By Acknowledging Banks Alleged Enough Fact… |
| 24A411 |
Donald Sherman v. William Gittere, Warden, et al. |
Ninth Circuit |
2024-10-28 |
Presumed Complete |
|
capital-punishment eighth-amendment habeas-corpus ineffective-assistance ninth-circuit writ-of-certiorari |
Question not identified. |
| 24A406 |
Deshawn Drumgo v. Sergeant William Kuschel |
Third Circuit |
2024-10-25 |
Presumed Complete |
|
civil-rights due-process eighth-amendment prison-conditions punitive-damages sexual-assault |
Question not identified. |
| 24-5791 |
Paul David Storey v. Texas |
Texas |
2024-10-21 |
Denied |
Amici (2)IFP |
brady-violation death-penalty due-process eighth-amendment habeas-corpus prosecutorial-misconduct |
1. Whether, as the State concedes, the State's suppression of favorable
evidence and presentation of false argument at the penalty phase of a
death pe… |
| 24A352 |
Coleman County, Texas v. Patsy K. Cope, et al. |
Fifth Circuit |
2024-10-15 |
Presumed Complete |
|
42-usc-1983 conditions-of-confinement eighth-amendment municipal-liability pre-trial-detainee suicide-prevention |
Question not identified. |
| 24A354 |
Jessie J. Barnes v. Donald Uhler, Superintendent, Upstate Correctional Facility, et al. |
Second Circuit |
2024-10-15 |
Presumed Complete |
|
conditions-of-confinement cruel-and-unusual deliberate-indifference eighth-amendment medical-care prisoner-rights |
Question not identified. |
| 24A347 |
Blaine Keith Milam v. Texas |
Texas |
2024-10-11 |
Presumed Complete |
|
atkins-v-virginia capital-case death-penalty eighth-amendment habeas-corpus intellectual-disability |
Question not identified. |
| 24-391 |
Felipe Petrone-Cabanas v. Arizona |
Arizona |
2024-10-08 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
criminal-procedure jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion |
Whether juveniles may be sentenced to life without parole under a system that did not afford the sentencing court discretion to choose any lesser opti… |
| 24-379 |
Larry D. Sapp v. Kimberly Foxx, Individually and in Her Official Capacity as State's Attorney of Cook County, Illinois |
Seventh Circuit |
2024-10-03 |
Denied |
Response Waived |
citizenship-forfeiture civil-death cruel-and-unusual-clause eighth-amendment punishment-disability res-judicata |
Within this context, the question presented is whether Illinois's punishment disability statutes—without time limits—violate the Eighth Amendment's Cr… |
| 24-5671 |
Garcia Glenn White v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-09-30 |
Denied |
IFP |
aedpa cruel-and-unusual-punishment death-row Does the Eighth Amendment prohibition against crue eighth-amendment intellectual-disability time-limitation |
Christeson v. Roper, 574 U.S. 373 (2015), held that a conflict of interest could satisfy the "interests of justice" standard set forth in Martel v. Cl… |
| 24A298 |
James Herard v. Florida |
Florida |
2024-09-27 |
Presumed Complete |
|
capital-sentencing constitutional-rights death-penalty due-process eighth-amendment jury-unanimity |
Question not identified. |
| 24A295 |
Larry D. Sapp v. Kimberly Foxx, Individually and in Her Official Capacity as State's Attorney of Cook County, Illinois |
Seventh Circuit |
2024-09-25 |
Presumed Complete |
|
civil-punishment cruel-and-unusual eighth-amendment mendoza-martinez public-office time-limits |
1. This case presents a substantial and novel question of federal law affecting 70-100 million people, plus their families involving over 44,000 state… |
| 24A290 |
Prosecuting Attorney, 21st Judicial Circuit, ex rel. Marcellus Williams v. Missouri |
Missouri |
2024-09-23 |
Denied |
Amici (1) |
capital-crime death-penalty eighth-amendment execution-stay innocence-project new-evidence |
Question not identified. |
| 24-5589 |
In Re Joseph G. Aulisio |
|
2024-09-20 |
Denied |
IFP |
cause-and-prejudice confrontation-clause due-process eighth-amendment false-testimony prosecutorial-misconduct |
1. Is it Prosecutorial Misconduct and Complicity in Perjury when a
Prosecutor Concedes during closing argument.a; critical material witnesses
testim… |
| 24A277 |
Dennis Hopkins, et al. v. Michael Watson, Mississippi Secretary of State |
Fifth Circuit |
2024-09-18 |
Presumed Complete |
|
constitutional-challenge eighth-amendment equal-protection felony-disenfranchisement mississippi-constitution voting-rights |
Question not identified. |
| 24-5521 |
Vernon Carter v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2024-09-11 |
Denied |
IFP |
constitutional-rights eighth-amendment fifth-amendment jury-instructions sixth-amendment verdict-form |
The punishable by life "element " for a life sentence must be instructed to jury and place on
the "Verdict " form.
Here in the Petitioner 's case, the… |
| 24-5481 |
Cody Mercure v. United States |
First Circuit |
2024-09-06 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment federal-sentencing judicial-review proportionality sentencing-guidelines |
Did the sentence of three hundred months violate the grossly disproportionate protection afforded by the unusual sentence prohibition under the Eighth… |
| 24-5466 |
Jarell Davis Terry v. William Straughn, Deputy Director, Arkansas Division of Correction, et al. |
Eighth Circuit |
2024-09-05 |
Denied |
Response WaivedIFP |
constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment excessive-force pro-se-prisoner |
Ms the use of -bra mmst a handcuffed aod .compliant fftl Terry along with the use of tiqhhny words and dmerak action of fdriathnij evidem ana tods i t… |
| 24-5420 |
Jerry E. Russell, Sr. v. Indiana |
Indiana |
2024-08-29 |
Denied |
Response WaivedIFP |
atkins-v-virginia criminal-punishment eighth-amendment intellectual-disability life-without-parole sentencing |
Should the Eighth Amendment prohibition, against sentencing intellectually disabled individuals to death, announced in Atkins v. Virginia, 536 U.S. 30… |
| 24-5407 |
Darnell Anderson v. Aaron Fuson, et al. |
Sixth Circuit |
2024-08-28 |
Denied |
Response WaivedIFP |
bivens-doctrine constitutional-claim deliberate-indifference eighth-amendment federal-corrections summary-judgment |
1. Whether the Court of Appeals erred when it determined that petitioner's Eighth Amendment claim of deliberate indifference against a federal correct… |
| 24-199 |
Aldo Ortega v. Tanya Ford, et al. |
Seventh Circuit |
2024-08-22 |
Denied |
|
due-process eighth-amendment equal-protection fourth-amendment psychological-detention warrant-clause |
1. Without an existing mandatory supervised release agreement between plaintiff in the Department of Corrections, is a warrant, issued by the departme… |
| 24-182 |
Roy Sargeant v. Aracelie Barfield |
Seventh Circuit |
2024-08-20 |
Denied |
Amici (1)Response Waived |
civil-rights deliberate-indifference eighth-amendment federal-inmates inmate-rights prison-violence |
Whether federal inmates may bring a cause of action in federal court against rank-and-file federal prison officials that violate their Eighth Amendmen… |
| 24-5347 |
Devin Allen Bennett v. Mississippi |
Mississippi |
2024-08-20 |
Denied |
IFP |
death-penalty eighth-amendment ineffective-assistance mitigation-evidence sixth-amendment strickland-standard |
Whether trial counsel's failure to investigate, uncover, and present evidence of defendant's reduced moral culpability may be categorically discounted… |
| 24A185 |
Derek Don Posey v. Oklahoma |
Oklahoma |
2024-08-19 |
Presumed Complete |
|
capital-punishment eighth-amendment fourteenth-amendment jury-selection sentencing-procedure sixth-amendment |
Question not identified. |
| 24-167 |
Tim Makoto Nukida v. California |
California |
2024-08-15 |
Denied |
|
criminal-procedure cruel-unusual-punishment csaas-testimony due-process eighth-amendment expert-witness |
1. State courts of last resort are intractably divided over the admissibility of Child Sexual Abuse Accommodation Syndrome (CSAAS). Should certiorari … |
| 24A159 |
LeGregory Davis v. Louisiana |
Louisiana |
2024-08-09 |
Presumed Complete |
|
capital-punishment constitutional-violation death-penalty eighth-amendment lethal-injection procedural-due-process |
Question not identified. |
| 24A140 |
Christopher Harry West v. Mark Emig, et al. |
Third Circuit |
2024-08-07 |
Presumed Complete |
|
cruel-and-unusual eighth-amendment mattress-removal mental-health prisoner-rights qualified-immunity |
Question not identified. |
| 24A132 |
Kyle Trevor Flack v. Kansas |
Kansas |
2024-08-06 |
Presumed Complete |
|
capital-punishment eighth-amendment kansas-supreme-court mitigating-factors murder sentencing |
Question not identified. |
| 24-5247 |
Eric Cruz v. Officer Domingo Cervantez |
Fifth Circuit |
2024-08-06 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment brady-rule brady-rule-of-evidence constitutional-rights criminal-procedure due-process eighth-amendment evidence evidence-exclusion qualified-immunity safe-prison-act |
(I)
Did the U S District courts ,failure to allow relevant evidence
into trial proceeding violate ,Brady Rule of Evidence under
Brad
■Out.iv v Maryl… |
| 24A124 |
Arthur Lee Burton v. Texas |
Texas |
2024-08-04 |
Denied |
|
atkins-claim death-penalty eighth-amendment intellectual-disability iq-testing moore-v-texas |
Whether the Texas Court of Criminal Appeals violated the Eighth and Fourteenth Amendments by dismissing Arthur Lee Burton's subsequent writ of habeas … |
| 24-5192 |
Matthew Nicholson v. Ohio |
Ohio |
2024-07-31 |
Denied |
IFP |
arbitrariness constitutional-proportionality county-geography criminal-sentencing death-penalty eighth-amendment equal-protection geographic-disparity gregg-v-georgia sentencing-disparities |
Is Ohio's death penalty being arbitrarily applied in violation of Gregg v. Georgia, when geography dictates whether a defendant will be subject to the… |
| 24-74 |
In Re Alphonza Leonard Phillip Thomas Bey |
|
2024-07-25 |
Denied |
Relisted (2) |
14th-amendment 8th-amendment black-negro-colored-persons constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment jurisdiction property state-court |
Since birth, Alphonza L. P. Thomas-Bey has been held hostage in an unfair, unjust, social, economic, and legal system. And all questions raised and lo… |
| 24A76 |
Jonathan Andrew Arias, Christopher Lee McLeod, Thomas James Odom, Felipe Petrone-Cabanas, and Charles Vincent Wagner v. Arizona |
Arizona |
2024-07-23 |
Presumed Complete |
|
eighth-amendment juvenile-sentencing life-without-parole mandatory-sentencing miller-v-alabama youth-mitigation |
Question not identified. |
| 24-5125 |
Corvin J. Young v. Spartanburg County Detention Facility, et al. |
Fourth Circuit |
2024-07-23 |
Denied |
IFP |
civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment federal-custody habeas-corpus medical-treatment pretrial-detention prison-conditions prisoner-rights |
\\ci\ PnftL cm"
CrnzEH'lNmmeS iN fo\M UeiuS
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A ldHGl 5n^cA cP'nmg Vi&ArriNG
-rAe cermiASES v'ixe fees'" ftiatM
And atceea NG -rAe mA3NT… |
| 24-55 |
Montana v. Robert Murray Gibbons |
Montana |
2024-07-18 |
Denied |
|
eighth-amendment excessive-fines-clause financial-burden financial-circumstances mandatory-fine mandatory-fines proportionality proportionality-factors sentencing sentencing-discretion |
Whether the Excessive Fines Clause requires the sentencing judge to consider a defendant's personal financial circumstances and the nature of the burd… |
| 24-5095 |
Moises Gamboa v. United States |
Fourth Circuit |
2024-07-17 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment sentencing-guidelines statutory-construction statutory-interpretation united-states-constitution |
DID THE LOWER COURTS IMPROPERLY INTERPRET UNITED STATES SENTENCING GUIDELINE § 4C1.1 THAT VIOLATED THE CRUEL AND UNUSUAL PUNISHMENT CLAUSE OF THE EIGH… |
| 24-31 |
Michael J. Libman, et al. v. Antwon Jones, et al. |
California |
2024-07-12 |
Denied |
|
ability-to-pay attorney-fees disgorgement eighth-amendment excessive-fines professional-conduct proportionality-test |
Does the court-ordered disgorgement of attorney fees for violation of state rules of professional conduct fall under the "excessive fines" clause of t… |
| 24-5060 |
Bert Hudson v. Pennsylvania Board of Probation and Parole |
Pennsylvania |
2024-07-12 |
Denied |
Response WaivedIFP |
constitutional-interpretation cruel-and-unusual-punishment cruel-punishment eighth-amendment furman-v-georgia mandatory-minimum parole parole-review second-degree-murder sentencing-guidelines sentencing-statutes |
After being rebuked for forbidden cruelty by this Court's own landmark 1972 Furman decision, Pennsylvania's sentencing statutes enacted in response to… |
| 24-5065 |
Damon John Broussard v. Lousiana |
Louisiana |
2024-07-12 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing |
Does Petitioner's, harsh and unprecendented, sentence of
fourty years, without benefits, constitute cruel and unusual
punishment, in violation of th… |
| 24-5071 |
Dennis German v. United States |
Seventh Circuit |
2024-07-12 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 8th-amendment criminal-procedure due-process effective-assistance eighth-amendment fifth-amendment relevant-conduct sentencing sentencing-guidelines |
(1). Weather the Government violated the
Petitioner's 8th Amendment. Constitutional
Rights (To be free from infliction of Cruel
and Unusual Punishm… |
| 24A15 |
Bobby Tatum v. Correctional Officer Hunter, et al. |
Seventh Circuit |
2024-07-09 |
Presumed Complete |
|
constitutional-protection cruel-and-unusual eighth-amendment injunctive-relief prisoner-rights sexual-assault |
Question not identified. |
| 24A3 |
Darnell Anderson v. Aaron Fuson, et al. |
Sixth Circuit |
2024-07-03 |
Presumed Complete |
|
Bivens eighth-amendment excessive-force federal-tort prisoner-rights qualified-immunity |
Question not identified. |
| 23-7784 |
Cornell Smith v. Nicholas Sanchez |
Seventh Circuit |
2024-06-24 |
Denied |
Response WaivedIFP |
abuse-of-power civil-rights conspiracy constitutional-rights due-process eighth-amendment first-amendment fourteenth-amendment ministerial-acts retaliation |
Whether the 3 Wardens ' had a, meeting of the minds decided the fate of the Petitioner's issued retaliatory ordered .to their entire WCI Department
a… |
| 23A1146 |
Ramiro F. Gonzales v. Texas |
Texas |
2024-06-24 |
Denied |
|
capital-murder death-penalty eighth-amendment fourteenth-amendment future-dangerousness jury-determination |
When a state conditions a capital defendant's eligibility to be sentenced to death on a jury's determination of "future dangerousness," can the state … |
| 23A1147 |
In Re Ramiro Felix Gonzales |
|
2024-06-24 |
Denied |
|
death-penalty eighth-amendment fourteenth-amendment future-dangerousness habeas-corpus jury-prediction |
Question not identified. |
| 23-7791 |
Ramiro F. Gonzales v. Texas |
Texas |
2024-06-24 |
Denied |
IFP |
capital-punishment capital-punishment-eligibility death-penalty due-process eighth-amendment fourteenth-amendment future-dangerousness jury-determination post-conviction-review |
When a state conditions a capital defendant's eligibility to be sentenced to death on a jury's determination of "future dangerousness," can the state … |
| 23-7792 |
In Re Ramiro Felix Gonzales |
|
2024-06-24 |
Denied |
IFP |
capital-punishment constitutional-review death-penalty eighth-amendment fourteenth-amendment future-dangerousness post-conviction-review state-law |
(1) Does it violate the Eighth and Fourteenth Amendments to the United States Constitution to execute an individual who does not meet the eligibility … |
| 23-1302 |
Kevin Hardaway v. Dwight Hamilton, et al. |
Eleventh Circuit |
2024-06-13 |
Denied |
|
42-usc-1983 eighth-amendment eighth-amendment-rights eleventh-amendment-immunity monell-claim monell-v-department-of-social-services official-capacity section-1983 use-of-force |
This is a Section 1983 case, based on Eighth Amendment violations stemming from the DeKalb County, Georgia Sheriff's Office's custom and policy of per… |
| 23A1072 |
Anthony Tyrone Brown v. James Corrigan, Warden |
Sixth Circuit |
2024-05-31 |
Presumed Complete |
|
civil-rights constitutional-violation due-process eighth-amendment personal-liberty prisoner-rights |
Question not identified. |
| 23-7591 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2024-05-29 |
Denied |
IFP |
access-to-counsel access-to-courts civil-rights constitutional-violation cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment execution-procedure prisoner-rights |
1. Whether given the unique pattern in Alabama's recent executions, in which Defendants have misrepresented critical facts and prohibited access to co… |
| 23A1065 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2024-05-29 |
Denied |
|
constitutional-rights cruel-and-unusual death-penalty eighth-amendment execution-gurney prolonged-restraint |
Whether the Eighth Amendment is violated when a condemned prisoner is restrained to an execution gurney for a prolonged period of time without access … |
| 23A1052 |
Richard E. Glossip v. Oklahoma |
Oklahoma |
2024-05-24 |
Presumed Complete |
|
certiorari criminal-appeals death-penalty eighth-amendment execution supreme-court |
Question not identified. |
| 23-7534 |
Charles Feick v. The Brutsche Family Revocable Trust, et al. |
Washington |
2024-05-22 |
Denied |
Response WaivedRelisted (2)IFP |
ability-to-pay constitutional-rights due-process eighth-amendment equal-protection excessive-fines fourteenth-amendment indigent-rights |
This case presents a crucial opportunity for the
Supreme Court to protect indigent citizens and set a
nationwide precedent for the protection of appea… |
| 23A1044 |
Michael J. Libman, et al. v. Superior Court of California, Los Angeles County, et al. |
California |
2024-05-22 |
Presumed Complete |
|
attorney-fees disgorgement eighth-amendment ex-post-facto excessive-fines professional-conduct |
Question not identified. |
| 23-7520 |
Toran Peterson v. Esmaeili Emami, et al. |
Sixth Circuit |
2024-05-21 |
Denied |
IFP |
administrative-remedies civil-rights constitutional-rights criminal-law cruel-and-unusual-punishment due-process eighth-amendment exhaustion juvenile-sentencing mandatory-life-sentence mental-health prison |
Question not identified. |
| 23-7505 |
Daniel Lynn Goering-Runyan v. United States |
Ninth Circuit |
2024-05-17 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-justice cruel-and-unusual-punishment due-process eighth-amendment judicial-review legal-petition parole procedural-document sentencing supreme-court writ-of-certiorari |
Question not identified. |
| 23A1024 |
Roy Sargeant v. Aracelie Barfield |
Seventh Circuit |
2024-05-17 |
Presumed Complete |
|
bivens-remedy constitutional-claim deliberate-indifference eighth-amendment federal-prison inmate-violence |
Whether this Court's precedents recognize a cause of action for damages under the Eighth Amendment against prison officials who exhibit deliberate ind… |
| 23A999 |
Thomas E. Creech v. Tim Richardson, Warden |
Ninth Circuit |
2024-05-09 |
Presumed Complete |
|
capital-punishment constitutional-challenge death-penalty eighth-amendment habeas-corpus judge-sentencing |
Question not identified. |
| 23-7417 |
Nersius Adonliel Artisani, aka Roger Joseph Hoffert, Jr. v. Iowa, et al. |
Eighth Circuit |
2024-05-08 |
Denied |
IFP |
civil-rights cruel-and-unusual-punishment due-process eighth-amendment heat-exposure prison-conditions |
Question not identified. |
| 23-7391 |
Markeith D. Loyd v. Florida |
Florida |
2024-05-06 |
Denied |
Relisted (2)IFP |
capital-punishment death-penalty eighth-amendment fourteenth-amendment individual-responsibility jury-instructions sentencing-phase |
Where the court in a capital case allows the State to argue that the jury should, or must, try its best to reach a unanimous penalty phase verdict, is… |
| 23-1192 |
Christine Mire v. University Hospital & Clinics, Incorporated, et al. |
Fifth Circuit |
2024-05-03 |
Denied |
Response Waived |
attorney-conduct civil-rights due-process eighth-amendment estoppel excessive-fines first-amendment free-speech punitive-sanctions subject-matter-jurisdiction |
Courts may not impose punitive sanctions upon attorneys to deter colorable arguments that insulate judicial determinations from legitimate challenges … |
| 23-7367 |
John E. Garrett v. Richard Clouse |
Seventh Circuit |
2024-05-02 |
Denied |
Response WaivedIFP |
bail bail-revocation constitutional-rights criminal-procedure due-process eighth-amendment judicial-proceedings liberty liberty-interest standing |
1. Is notice and a hearing required, prior to depriving one of
his liberty pending trial and does said liberty qualify as a
substantive and/or procedu… |
| 23-7328 |
Leslie Hood v. United States |
Ninth Circuit |
2024-04-29 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment employment probation-requirements sentencing sentencing-discretion supervision supervision-conditions |
1. Was the district court's imposition of supervision conditions requiring Mr. Hood to obtain some form of work/employment violated the Eighth Amendme… |
| 23-7303 |
Demetriaus L. Blaylock v. Illinois |
Illinois |
2024-04-25 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law criminal-justice cruel-and-unusual-punishment eighth-amendment emerging-adults juvenile-justice miller-v-alabama sentencing |
WHETHER THE EIGHT AMENDMENT TO THE UNITED STATES CONS I TUT I ON11S PROHIBITION AGAINST CRUEL/ AND UNUSUAL PUNISHMENT REQUIRE THE PROTECTION GRANTED U… |
| 23-7283 |
Hector Manuel Gomez Rodriguez v. United States |
Ninth Circuit |
2024-04-22 |
Denied |
Response WaivedRelisted (2)IFP |
21-usc-841 constitutional-scrutiny criminal-procedure cruel-and-unusual-punishment eighth-amendment mandatory-minimum mandatory-minimum-sentences non-capital-sentences proportionality-review sentencing |
Did the Ninth Circuit contravene Harmelin's plurality and Ewing by essentially exempting all sentences that a district court imposes under 21 U.S.C. §… |
| 23-7261 |
Geary Wayne Walton v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2024-04-19 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment death-penalty eighth-amendment execution mental-illness rational-understanding |
Question not identified. |
| 23-7256 |
John Pedelahore v. United States |
Fifth Circuit |
2024-04-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion due-process eighth-amendment federal-sentencing sentencing sentencing-guidelines substantive-reasonableness supervised-release |
Whether the district court erred by ordering Mr. Pedelahore to serve 30 months in prison for nonviolent supervised release violations when the recomme… |
| 23-1097 |
J. D. Hartman, Individually and in his Official Capacity as Sheriff of Davie County, North Carolina, et al. v. Charles Willis Short, Individually and as Administrator of the Estate of Victoria Christine Short |
Fourth Circuit |
2024-04-09 |
Denied |
Amici (1) |
8th-amendment circuit-split civil-rights deliberate-indifference due-process eighth-amendment objective-knowledge pretrial-detainee pretrial-detention prison-officials |
Whether a pretrial detainee alleging deliberate indifference must prove the defendant actually knew of a significant risk of harm, as five circuits ha… |
| 23-7164 |
Jason Bryan Cass v. California |
California |
2024-04-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process eighth-amendment equal-protection federal-courts jurisdiction standing violent-circumstances |
Was TDason Bryan Cass @th $
147Th Amendments Constitutional
rights where vioLated! |
| 23-7153 |
Brian J. Dorsey v. David Vandergriff, Warden |
Missouri |
2024-04-07 |
Denied |
IFP |
capital-punishment cruel-and-unusual-punishment death-row deterrence eighth-amendment penological-goals rehabilitation retribution |
When a death-sentenced person has demonstrated that he has been rehabilitated, does the Eighth Amendment prohibit his execution because the penologica… |
| 23A890 |
Brian J. Dorsey v. David Vandergriff, Warden |
Missouri |
2024-04-07 |
Denied |
|
capital-punishment certiorari-standard death-penalty eighth-amendment penological-goals rehabilitation |
Question not identified. |
| 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 |
I. 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… |
| 23A873 |
Jose Luis Garcia v. Kyeong Park |
Ninth Circuit |
2024-04-01 |
Presumed Complete |
|
deliberate-indifference eighth-amendment medical-needs prison-conditions section-1983 summary-judgment |
Question not identified. |
| 23-7091 |
Brandon De McCall v. Texas |
Texas |
2024-03-28 |
Denied |
IFP |
8th-amendment capital-punishment culpability due-process eighth-amendment jury-instruction jury-instructions mitigating-evidence moral-blameworthiness |
Where jurors were instructed that they may only consider mitigating evidence to be evidence that "reduces the defendant's moral blameworthiness," and … |
| 23-7093 |
Jeremy J. Quinn, Jr. v. Ohio |
Ohio |
2024-03-28 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-statute state-courts |
When a state court carelessly or negligently enters a cause claim, to enhance a criminal sentence, does it violate a person's due process rights and c… |
| 23-7099 |
Keatron Walls v. United States |
Sixth Circuit |
2024-03-28 |
Denied |
Response WaivedIFP |
civil-rights commerce-clause constitutional-law criminal-law due-process eighth-amendment mental-health sentencing sentencing-guidelines supreme-court-precedent variance-argument |
1.) Whether the Circuit Court of Appeals erred in holding that 18 U.S.C. § 2261A(1) is not an unconstitutional expansion of the Commerce Clause in lig… |
| 23-7061 |
Cody Dillon Hogan v. United States |
Eleventh Circuit |
2024-03-22 |
Denied |
Response WaivedRelisted (2)IFP |
8th-amendment child-pornography civil-rights criminal-law due-process eighth-amendment mandatory-minimum restitution statutory-interpretation |
1. Proximate causation. This Court has opined that holding possessors of illegal pornography liable for the conduct of many other independent actors m… |
| 23-7042 |
Willie James Pye v. Shawn Emmons, Warden |
Georgia |
2024-03-20 |
Denied |
IFP |
atkins-standard atkins-v-virginia burden-of-proof capital-punishment constitutional-rights death-penalty due-process eighth-amendment intellectual-disability |
Georgia requires persons with intellectual disability to prove their disability 'beyond a reasonable doubt' in order to vindicate their Eighth Amendme… |
| 23A856 |
Willie James Pye v. Shawn Emmons, Warden |
Georgia |
2024-03-20 |
Denied |
|
adaptive-deficits death-penalty eighth-amendment intellectual-disability iq-testing woodard-precedent |
Question not identified. |
| 23-7024 |
Thomas Bevel v. Florida |
Florida |
2024-03-19 |
Denied |
IFP |
aggravating-factors arbitrary-sentencing capital-sentencing death-penalty due-process eighth-amendment proportionality-review reasonable-doubt |
L. Whether Florida's capital sentencing scheme violates the Eighth Amendment because the controlling statute does not meaningfully limit the class of … |
| 23-7028 |
Hunter Thomas Boesch v. Florida |
Florida |
2024-03-19 |
Denied |
Response WaivedIFP |
brain-development cruel-and-unusual-punishment eighth-amendment emerging-adults late-adolescent-brain-development mandatory-life-without-parole miller-v-alabama sentencing-protections youth |
Whether the sentencing protections afforded in Miller v Alabama, 567 US 460 (2012) should be applied to defendants who are emerging adults- 18 to 20 y… |
| 23-7029 |
Byron James Shepard v. Oklahoma |
Oklahoma |
2024-03-19 |
Denied |
IFP |
aggravating-circumstance aggravating-factors capital-punishment capital-sentencing criminal-procedure death-penalty eighth-amendment fourteenth-amendment jury-discretion |
Does Oklahoma's continuing threat aggravating circumstance violate this Court's capital sentencing jurisprudence and the Eighth and Fourteenth Amendme… |
| 23-7033 |
Donte Taylor v. California |
California |
2024-03-19 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus sentencing |
1) WHy was my 8th amendment denied?
2) Why was my sentence not considered cruel or unusual? |
| 23-6988 |
Anthony Shief v. Illinois |
Illinois |
2024-03-14 |
Denied |
IFP |
8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment juvenile-justice juvenile-sentencing life-without-parole mitigating-factors sentencing sentencing-procedure |
Whether the Eighth Amendment's protections under Miller v. Alabama require certain sentencing procedures for defendants convicted of crimes committed … |
| 23-6879 |
Christopher Sean Burrus v. Washington |
Washington |
2024-03-01 |
Denied |
IFP |
6th-amendment civil-rights constitutional-challenge cruel-and-unusual-punishment drug-offense due-process eighth-amendment evidentiary-requirements ineffective-assistance-of-counsel mandatory-minimum mental-health sentencing-law |
1. Washington's personal identity petition hon eastern powers Conviction proceedings Who Are loucden & pcoa? a boty Sed +o Nhe. Setidioned oN ise.) Be… |
| 23-6824 |
Jeremiah James Lynch v. United States |
Eighth Circuit |
2024-02-26 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment parole proportionality sentencing sentencing-guidelines supervised-release |
Is it a Constitutional Violation to a grade A, naoUTk>iT\
f^ccx lOO? w*W T^^rmorc.
/AovavT, ^cawsq A w^e, T,\m<l \a\£> oc\AW a\■6<^ v0^ c^- ('^
YAoa't… |
| 23-6830 |
Thomas E. Creech v. Josh Tewalt, Director, Idaho Department of Correction, et al. |
Ninth Circuit |
2024-02-26 |
Denied |
IFP |
civil-rights constitutional-challenge criminal-procedure death-penalty due-process eighth-amendment execution-secrecy lethal-injection |
Whether it comports with due process for a state to refuse to provide a condemned inmate information about his method of execution that would enable h… |
| 23-6818 |
Romeo Kevante Pride v. United States |
Fourth Circuit |
2024-02-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-sentencing due-process eighth-amendment sentencing-guidelines |
WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. PRIDE'S ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY IMPOSING A 110… |
| 23A772 |
Jorge Galindo v. Nebraska |
Nebraska |
2024-02-23 |
Presumed Complete |
|
capital-sentencing death-penalty eddings-standard eighth-amendment mitigating-circumstances youthful-offender |
Question not identified. |
| 23A761 |
Thomas Eugene Creech v. Idaho |
Idaho |
2024-02-21 |
Denied |
|
constitutional-proportionality cruel-and-unusual death-penalty eighth-amendment execution mental-illness |
Question not identified. |
| 23-6791 |
Thomas Eugene Creech v. Idaho |
Idaho |
2024-02-21 |
Denied |
IFP |
capital-punishment death-penalty due-process eighth-amendment evolving-standards judicial-sentencing post-conviction state-court |
Whether it comports with due process for a state court to reject as untimely an evolving-standards claim on a theory that would never allow for such a… |
| 23-6732 |
Seth Conner Wells v. Florida |
Florida |
2024-02-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-challenge cost-of-incarceration due-process eighth-amendment excessive-fine fourteenth-amendment incarceration-cost statutory-interpretation timbs-v-indiana united-states-v-bajakajian |
Whether the imposition of a $401,500 cost of incarceration pursuant to Section 960.293 Florida Statutes is an unconstitutionally excessive fine as app… |
| 23A740 |
Elbert Walker, Jr. v. Dismas Charities, Inc., et al. |
Eleventh Circuit |
2024-02-08 |
Presumed Complete |
|
bivens-remedy constitutional-rights due-process eighth-amendment first-amendment home-confinement |
Question not identified. |
| 23-6655 |
Ralph Hall v. Anthony J. Annucci, et al. |
Second Circuit |
2024-02-05 |
Denied |
Response WaivedIFP |
administrative-action constitutional-rights cruel-and-unusual-punishment death-penalty due-process eighth-amendment federal-law habeas-corpus intellectual-disability judicial-review legal-procedure |
Question not identified. |
| 23-830 |
Lonnie Allen Bassett v. Arizona |
Arizona |
2024-02-02 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (5) |
criminal-procedure eighth-amendment juvenile-sentencing life-without-parole mandatory-sentencing miller-v-alabama montgomery-v-louisiana sentencing-discretion |
Whether the Eighth Amendment permits a juvenile to be sentenced to life without parole under a system that did not afford the sentencing court discret… |
| 23-6627 |
In Re Reginald Bernard Hatton |
|
2024-01-31 |
Denied |
IFP |
14th-amendment 8th-amendment constitutional-rights criminal-procedure due-process eighth-amendment fourteenth-amendment sentencing time-served unconstitutional |
QUESTION No. 1.
WHETHER THE PETITIONER HAS BEEN DEPRIVED OF HIS CONSTITUTIONAL
RIGHTS UNDER THE 8TH AND 14TH AMENDMENT TO THE UNITED STATES
CONSTITU… |
| 23-6562 |
Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2024-01-25 |
Denied |
IFP |
cruel-and-unusual-punishment eighth-amendment equal-protection execution-protocol nitrogen-hypoxia preliminary-injunction ptsd-trauma standing |
Did the Eleventh Circuit deviate from established precedent when it affirmed the denial of a motion for a preliminary injunction on the ground that hi… |
| 23A688 |
Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2024-01-25 |
Denied |
|
cruel-and-unusual eighth-amendment equal-protection execution-method fourteenth-amendment nitrogen-hypoxia |
Whether the State of Alabama's planned execution of Kenneth Eugene Smith using nitrogen hypoxia—a method never before attempted by any State or the fe… |
| 23-781 |
Sammie Todd Moser v. Halifax County Board of Supervisors, et al. |
Virginia |
2024-01-23 |
Denied |
Response Waived |
appeals-limitation due-process eighth-amendment excessive-fines fifth-amendment forfeiture retirement-benefits |
1. Whether the Eighth Amendment's Excessive Fines clause was violated in the forfeiture of Petitioner's vested retirement benefits.
2. Whether the Vi… |
| 23A664 |
Kenneth Eugene Smith v. Alabama |
Alabama |
2024-01-19 |
Denied |
|
cruel-and-unusual death-penalty eighth-amendment execution-attempt iv-access lethal-injection |
Question not identified. |
| 23-6517 |
Kenneth Eugene Smith v. Alabama |
Alabama |
2024-01-19 |
Denied |
IFP |
constitutional-rights cruel-and-unusual-punishment eighth-amendment fourteenth-amendment lethal-injection method-of-execution nitrogen-hypoxia posttraumatic-stress-disorder |
Does a second attempt to execute a condemned person following a single, cruelly willful attempt to execute that same person violate the prohibition ag… |
| 23-6512 |
Douglas Wayne Sokell v. David Pedro, Superintendent, Eastern Oregon Correctional Institution |
Ninth Circuit |
2024-01-18 |
Denied |
IFP |
constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment habeas-corpus judicial-review life-sentence prisoner-detention recidivism sentencing three-strikes-law |
Question not identified. |
| 23A654 |
Isaiah Glenndell Tryon v. Christe Quick, Acting Warden, Oklahoma State Penitentiary |
Tenth Circuit |
2024-01-16 |
Presumed Complete |
|
capital-case constitutional-error death-penalty eighth-amendment fair-trial sentencing-review |
Question not identified. |
| 23A627 |
Byron James Shepard v. Oklahoma |
Oklahoma |
2024-01-08 |
Presumed Complete |
|
continuing-threat death-penalty eighth-amendment fair-trial fourteenth-amendment sentencing-hearing |
Question not identified. |
| 23A599 |
William Phillip Neidinger v. United States |
Ninth Circuit |
2024-01-02 |
Presumed Complete |
|
cruel-and-unusual due-process eighth-amendment federal-sentencing identity-preservation judicial-discretion |
Question not identified. |
| 23-6393 |
Jeremy Jermaine Brooks v. James M. LeBlanc, Louisiana Department of Public Safety and Corrections |
Fifth Circuit |
2023-12-28 |
Denied |
IFP |
constitutional-proportionality due-process eighth-amendment fair-notice juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery-rule mootness-doctrine proportionate-sentencing |
This case raises pressing issues of significant importance: whether Louisiana murder statutes satisfy the holdings announced in Miller/Montgomery inva… |
| 23-6383 |
Guillermo Octavio Arbelaez v. Florida, et al. |
Florida |
2023-12-28 |
Denied |
IFP |
atkins-v-virginia constitutional-law death-penalty eighth-amendment hall-v-florida intellectual-disability medical-standards retroactivity teague-rule teague-v-lane |
In Atkins v. Virginia, 536 U.S. 304 (2002), this Court held that the Eighth and Fourteenth Amendments preclude the execution of individuals with intel… |
| 23-688 |
Travis Scott King, By and Through His Guardian ad Litem, Breanna Raymundo, et al. v. DeMichael Dews, et al. |
Ninth Circuit |
2023-12-27 |
Denied |
Response Waived |
bodily-harm civil-rights cruel-and-unusual-punishment eighth-amendment excessive-force hudson-v-mcmillian prisoner-rights qualified-immunity |
This case arises out of the use of force for seven minutes on Petitioner Travis King by three correc-tional officers that ultimately resulted in King'… |
| 23-692 |
Zachariah Minix v. Kentucky |
Kentucky |
2023-12-27 |
Denied |
Response Waived |
abuse-of-discretion criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment parole-eligibility plea-agreement plea-withdrawal |
Petitioner, Zachariah M. Minix (Minix), appeals as a matter of right from an Adair County Circuit Court Judgment and Sentence on Plea of Guilty that i… |
| 23A572 |
Darrell Wayne Frederick v. Christe Quick, Warden |
Tenth Circuit |
2023-12-21 |
Presumed Complete |
|
capital-case constitutional-error death-penalty eighth-amendment fair-sentencing habeas-corpus |
Question not identified. |
| 23A574 |
Wayne Resper v. Yescare Corp., fka Corizon Health, Inc., et al. |
Fourth Circuit |
2023-12-21 |
Presumed Complete |
|
civil-rights deliberate-indifference eighth-amendment medical-care prisoner-rights pro-se |
Question not identified. |
| 23-6301 |
Delbert Leroy Oldham v. Oklahoma |
Oklahoma |
2023-12-19 |
Denied |
IFP |
civil-rights constitutional-error cruel-and-unusual-punishment due-process eighth-amendment excessive-fines res-judicata sentencing |
(1). Whether the Court of Appeals erred by applying the doctrine of res judicata to "Petition In Error" because Petitioner raised Constitutional error… |
| 23-639 |
Thomas Dale Ferguson v. John Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2023-12-13 |
Denied |
|
adaptive-functioning capital-punishment circuit-split eighth-amendment intellectual-disability iq-test iq-testing moore-v-texas |
This case implicates two persistent conflicts of authority with regard to how courts are to determine whether a person suffers from an intellectual di… |
| 23-6229 |
Arnold A. Cary v. Dean Williams, Executive Director, Colorado Department of Corrections, et al. |
Tenth Circuit |
2023-12-12 |
Denied |
Relisted (2)IFP |
8th-amendment due-process eighth-amendment equal-protection fourteenth-amendment legal-materials medical-care prisoner-rights toxic-exposure toxic-water |
Did CDOC violate Cary's A constitutional federal question: 1.
due process and equal protection, provided in the Fourteenth and
Eighth Amendments, rega… |
| 23-6188 |
Otis Blaxton v. Florida |
Eleventh Circuit |
2023-12-07 |
Denied |
Response WaivedIFP |
42-usc-1983 civil-rights constitutional-rights due-process eighth-amendment equitable-tolling false-imprisonment fourteenth-amendment post-conviction-relief sovereign-immunity |
Vn)<xW«l'T of suiK ,
of
$7^8.2*', Fla. 6,13, AA X (Wftw <?f
5 D y'jXti \YV\ <V\ U A \4Y -[) Was fkt- >/ flor]cjc(
pOf'^OO^r\'f' f(j 6ia»v\
a) Dd 4k<L … |
| 23-584 |
Robert R. Snyder v. California |
California |
2023-12-01 |
Denied |
Relisted (2) |
arbitrary-enforcement armed-intent constitutional-vagueness due-process eighth-amendment legislative-intent penal-code rosemond-substantive-holding second-amendment sentencing-enhancement standardless-legislation vagueness |
• Should California Penal Code § 12022.53 be struck down and voided as vague and standardless legislation? Does petitioner's conviction serve as an ex… |
| 23A475 |
Lonnie Allen Bassett v. Arizona |
Arizona |
2023-11-28 |
Presumed Complete |
|
eighth-amendment juvenile-offender life-without-parole miller-retroactivity post-conviction-relief sentencing-discretion |
Question not identified. |
| 23-6078 |
Timothy Ray Jones, Jr. v. South Carolina |
South Carolina |
2023-11-21 |
Denied |
IFP |
capital-punishment capital-sentencing due-process eighth-amendment insanity-defense jury jury-instructions not-guilty-by-reason-of-insanity voir-dire |
1. Whether the Due Process Clause and the Eighth Amendment require that a jury, as the sentencer in a capital case, be told the truth about the effect… |
| 23-6046 |
Antonio Lebaron Melton v. Florida |
Florida |
2023-11-17 |
Denied |
IFP |
age-of-culpability age-of-offender criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment roper-v-simmons scientific-evidence |
1. Does this Court's holding in Roper v. Simmons, 543 U.S. 551
(2005), that the death penalty is unconstitutionally cruel and
unusual punishment for i… |
| 23A444 |
David Santiago Renteria v. Texas |
Texas |
2023-11-16 |
Denied |
|
cruel-and-unusual degraded-drugs due-process eighth-amendment execution-protocol lethal-injection |
Whether the Texas Court of Criminal Appeals' rejection of petitioner's Eighth Amendment and Due Process Clause claims—based on uncontested evidence th… |
| 23A436 |
Guillermo Octavio Arbelaez v. Florida, et al. |
Florida |
2023-11-15 |
Presumed Complete |
|
capital-punishment death-penalty eighth-amendment fourteenth-amendment postconviction-relief sixth-amendment |
Question not identified. |
| 23A429 |
Casey A. McWhorter v. Alabama |
Alabama |
2023-11-14 |
Denied |
|
constitutional-challenge death-penalty eighth-amendment execution-stay irreparable-harm supreme-court-alabama |
Question not identified. |
| 23-6001 |
Kenric Lavaughn Jackson, Sr. v. Texas |
Texas |
2023-11-14 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence capital-murder constitutional-rights criminal-procedure due-process eighth-amendment evidentiary-hearing fourteenth-amendment habeas-corpus sufficiency-of-evidence texas-law |
Question not identified. |
| 23-5984 |
Lawrence F. Curtin v. United States |
Eleventh Circuit |
2023-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation |
Question not identified. |
| 23-471 |
Casey A. McWhorter v. Alabama |
Alabama |
2023-11-03 |
Denied |
|
8th-amendment age-discrimination capital-punishment due-process eighth-amendment equal-protection jury-selection juvenile-justice |
Petitioner seeks this Court's review of the Alabama Supreme Court's denial of Petitioner's habeas petition, which presents important issues concerning… |
| 23A402 |
Casey A. McWhorter v. Alabama |
Alabama |
2023-11-03 |
Denied |
|
constitutional-challenge death-penalty eighth-amendment execution-stay irreparable-harm supreme-court-alabama |
Question not identified. |
| 23-5922 |
Maxwell Chibueze Ezenwa v. United States |
Fifth Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights double-jeopardy due-process eighth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct statute-of-limitations warrantless-arrest |
07/06/2016, altered to 07/07/2016 by A warrantless arrest made on a Harris County Sheriff Sergeant who issued a "Pocket Warrant", trespassed movant's … |
| 23-5851 |
Hector Sanchez-Torres v. Florida |
Florida |
2023-10-20 |
Denied |
IFP |
appellate-review criminal-sentencing culpability death-penalty eighth-amendment equal-protection mitigation-evidence |
1. In a case in which the victim died from a single gunshot wound and the
factfinder did not find that the death-sentenced codefendant fired the fatal… |
| 23-5823 |
Ramiro Felix Gonzales v. Texas |
Texas |
2023-10-17 |
Denied |
IFP |
constitutional-claim death-penalty eighth-amendment expert-testimony fourteenth-amendment future-dangerousness recantation texas-code-criminal-procedure |
Where a State conditions a death sentence on a jury's unanimous finding beyond a reasonable doubt that "there is a probability that the defendant woul… |
| 23-5803 |
Robert K. Decker v. Edwin Baez, et al. |
Seventh Circuit |
2023-10-16 |
Denied |
Response WaivedIFP |
civil-rights cruel-and-unusual-punishment due-process eighth-amendment excessive-force failure-to-protect federal-question shackling spoliation |
Did the United States District Court, Magistrate Judge err in the decision to have the Plaintiff, Robert K. Decker be hand cuffed, (left wrist) and sh… |
| 23A316 |
Jedidiah Isaac Murphy v. Texas |
Texas |
2023-10-10 |
Denied |
|
cruel-and-unusual-punishment drug-safety due-process eighth-amendment execution-method lethal-injection |
Question not identified. |
| 23-5730 |
Blaise Caroleo v. United States |
Second Circuit |
2023-10-06 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-scheme statutory-interpretation waiver-of-rights |
1. Whether a waiver of the protections against cruel and unusual punishment afforded to a defendant under the Eighth Amendment is valid and enforceabl… |
| 23-5708 |
In Re Michael Stansell |
|
2023-10-03 |
Denied |
IFP |
constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection fifth-amendment life-sentence void-sentence |
I. WHETHER THE INFLICTION OF A LIFE SENTENCE UPON A PRISONER WHERE THE LIFE TAIL IS NOT APPLICABLE TO HIS OFFENSE OF CONVICTION CONSTITUTES CRUEL AND … |
| 23A275 |
Timothy Ray Jones, Jr. v. South Carolina |
South Carolina |
2023-09-28 |
Presumed Complete |
|
capital-case due-process eighth-amendment fourth-amendment illegal-roadblock insanity-verdict |
1. Whether the South Carolina Supreme Court erred by holding it was not error to refuse to instruct the jury of the effect of a not guilty by reason o… |
| 23A262 |
Michael Duane Zack, III v. Florida |
Florida |
2023-09-26 |
Denied |
|
atkins-exemption death-penalty eighth-amendment fetal-alcohol-syndrome intellectual-developmental-disability unanimous-jury-requirement |
Question not identified. |
| 23-5653 |
Michael Duane Zack, III v. Florida |
Florida |
2023-09-26 |
Denied |
IFP |
atkins-exemption atkins-v-virginia capital-punishment eighth-amendment fetal-alcohol-syndrome fourteenth-amendment intellectual-developmental-disorder medical-consensus witherspoon-v-illinois |
1. In light of the medical community's recent consensus that Fetal Alcohol
Syndrome is not only functionally similar to Intellectual Developmental Dis… |
| 23-5630 |
Jack R. Sliney v. Florida |
Florida |
2023-09-21 |
Denied |
Relisted (2)IFP |
14th-amendment 8th-amendment age-of-defendant death-penalty death-sentence due-process eighth-amendment evidentiary-hearing fourteenth-amendment juvenile-offenders |
Whether under the Eighth and Fourteenth Amendments to the Constitution, Florida may impose a death sentence upon an individual who was under the age o… |
| 23-5609 |
Eric G. Banks, Sr. v. Anthony Brown, Attorney General of Maryland, et al. |
Fourth Circuit |
2023-09-19 |
Denied |
Response WaivedIFP |
5th-amendment court-error due-process eighth-amendment fifth-amendment fourteenth-amendment ineffective-counsel liberty prosecution-misconduct sixth-amendment |
1. ) Did the U.S. District Court violate the Petitioners 5th Amendment Constitutional Right by allowing the lower court to allow the Petitioner to tes… |
| 23-259 |
Lewis County, Kentucky, et al. v. Julie Helphenstine, Administratrix of the Estate of Christopher Dale Helphenstine and Guardian of B. D. H., the Minor Son of Christopher Dale Helphenstine |
Sixth Circuit |
2023-09-18 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (2) |
circuit-split civil-rights deliberate-indifference due-process eighth-amendment objective-knowledge pretrial-detainee prison-officials qualified-immunity separation-of-powers |
Whether a pretrial detainee alleging deliberate indifference must prove the defendant actually knew of a significant risk of harm, as six circuits hav… |
| 23A247 |
Clark D. Thomas v. McKendley Newton, Warden, et al. |
Fourth Circuit |
2023-09-15 |
Presumed Complete |
|
adequate-staffing deliberate-indifference eighth-amendment farmer-v-brennan habeas-corpus-filing-deadline prison-conditions |
Question not identified. |
| 23-5565 |
William E. Wells, III v. Florida |
Florida |
2023-09-13 |
Denied |
IFP |
aggravating-factors apprendi-v-new-jersey capital-sentencing death-penalty due-process eighth-amendment mental-illness proportionality-review |
L. Whether Florida's capital sentencing scheme violates the Eighth Amendment because the controlling statute does not meaningfully limit the class of … |
| 23-5547 |
Timothy James Hahn v. Florida |
Florida |
2023-09-08 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment sentencing |
Whether a sentence of life imprisonment without the possibility of parole on a defendant who was under the age of twenty-five at the time of the offen… |
| 23-5485 |
Paul M. Poupart v. Louisiana |
Louisiana |
2023-08-30 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment 5th-amendment 8th-amendment constitutional-challenge cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment fraud-upon-court fraud-upon-the-court statute-validity |
Whether LSA-R.S. 15:529.1, is unconstitutional to the rule of law. Whether the State of Louisiana and its legislative and judicial branch created and/… |
| 23-5466 |
Toddell Alexander v. United States |
Sixth Circuit |
2023-08-29 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-law cruel-and-unusual-punishment due-process eighth-amendment non-physical-harm prisoner-treatment sentencing statutory-interpretation supreme-court |
I, XS Ob 'c>$ 'Ocwevhc Violence, &Mutd £c*t*9^ ic^fy t\
Jh c.,fkr of S^mcul TcH/j^i x/,Ufiz,Tis> s>rARi \sS' %.cr. Wl }Uo-Os.
Qc,S);AIK Tte ow* jr* *O… |
| 23A182 |
Bruce R. Sands, Jr. v. United States |
Ninth Circuit |
2023-08-28 |
Presumed Complete |
|
circuit-split conditions-of-confinement deliberate-indifference eighth-amendment habeas-corpus section-2241 |
Question not identified. |
| 23-5441 |
Mika 'ya Ali Shakur v. Sergeant Thompson |
Fourth Circuit |
2023-08-25 |
Denied |
IFP |
8th-amendment civil-rights constitutional-rights covid-19 deliberate-indifference eighth-amendment federal-rules-of-civil-procedure prison-healthcare serious-medical-need |
1. On February 1, 2021, PLAINTIFF an inmate in the custody of VADOC, was denied his eigth amendment right to a "serious medical need" in of recieving … |
| 23-175 |
City of Grants Pass, Oregon v. Gloria Johnson, et al., on Behalf of Themselves and All Others Similarly Situated |
Ninth Circuit |
2023-08-25 |
Judgment Issued |
Amici (109)Response RequestedResponse WaivedRelisted (3) |
8th-amendment circuit-split civil-citations constitutional-law cruel-and-unusual-punishment eighth-amendment homeless-rights homelessness public-camping |
Does the enforcement of generally applicable laws regulating camping on public property constitute "cruel and unusual punishment" prohibited by the Ei… |
| 23-167 |
John Q. Hamm, Commissioner, Alabama Department of Corrections v. Joseph Clifton Smith |
Eleventh Circuit |
2023-08-21 |
GVR |
Amici (1)Relisted (30) |
atkins-standard atkins-v-virginia capital-punishment eighth-amendment hall-v-florida intellectual-disability iq-test iq-testing standard-error-of-measurement |
According to Atkins v. Virginia, 536 U.S. 304 (2003), the Eighth Amendment exempts intellectually disabled offenders from capital punishment. The Cour… |
| 23-5394 |
In Re Justin Lewis |
|
2023-08-18 |
Denied |
IFP |
appellate-jurisdiction civil-rights constitutional-law criminal-procedure double-jeopardy due-process eighth-amendment federal-court fifth-amendment fourteenth-amendment judicial-review legal-procedure |
Question not identified. |
| 23-5270 |
Justin Lewis v. United States |
Eleventh Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
appellate-jurisdiction constitutional-violation criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment good-faith-appeal motion-to-dismiss |
Question not identified. |
| 23-5243 |
Johnny Johnson v. David Vandergriff, Warden |
Missouri |
2023-07-31 |
Denied |
IFP |
capital-punishment due-process eighth-amendment evidentiary-hearing ford-v-wainwright habeas-corpus mental-competency panetti-v-quarterman procedural-fairness |
1. Whether a report from a qualified neuropsychiatrist that a condemned prisoner is incompetent for execution that is not contradicted by any qualifie… |
| 23A93 |
Johnny Johnson v. David Vandergriff, Warden |
Missouri |
2023-07-31 |
Denied |
|
death-penalty due-process eighth-amendment habeas-corpus mental-illness panetti-competency |
Question not identified. |
| 23A64 |
D'Andre M. Johnson v. United States |
Armed Forces |
2023-07-24 |
Presumed Complete |
|
cruel-and-unusual-punishment deliberate-indifference eighth-amendment military-confinement sentence-appropriateness uniform-code-of-military-justice |
Question not identified. |
| 23-5167 |
Jose Suarez v. United States |
Second Circuit |
2023-07-21 |
Denied |
Response WaivedIFP |
accessorial-liability accessorial-participation criminal-culpability criminal-record cruel-and-unusual-punishment eighth-amendment juvenile-offenders life-sentence life-without-parole mandatory-sentencing sentencing-proportionality |
Does a mandatory life sentence without parole for an individual who was twenty at the time of the offense, who was without a criminal record, who had … |
| 23-5145 |
James Edward Barber v. Kay Ivey, Governor of Alabama, et al. |
Eleventh Circuit |
2023-07-20 |
Denied |
IFP |
constitutional-rights cruel-and-unusual-punishment eighth-amendment emotional-anguish execution execution-protocol lethal-injection medical-suffering physical-suffering |
1. Did the Eleventh Circuit correctly hold that no amount of physical suffering and emotional anguish imposed by allowing hours-long and countless att… |
| 23-5039 |
Thomas E. Creech v. Tim Richardson, Warden |
Ninth Circuit |
2023-07-05 |
Denied |
Amici (1)IFP |
capital-sentencing death-row eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel psychopathy sixth-amendment |
1. Whether, for purposes of measuring claims arising from capital sentencings, evidence of or reference to psychopathy should be treated as potential… |
| 23-7 |
Lynn Hamlet v. Officer Hoxie |
Eleventh Circuit |
2023-07-03 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
42-usc-1983 8th-amendment civil-rights conditions-of-confinement cruel-and-unusual-punishment eighth-amendment prison-conditions procunier-v-navarette qualified-immunity section-1983 |
I. Whether it is "clearly established" for purposes of qualified immunity that the Eighth Amendment bars a prison official from forcing a person with … |
| 23-5002 |
Joseph Hauschild v. Illinois |
Illinois |
2023-06-30 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment graham-v-florida juvenile-offender juvenile-sentencing life-without-parole meaningful-opportunity meaningful-opportunity-for-release roper-v-simmons sentencing-guidelines term-of-years-sentence |
In the landmark decision of Graham v. Florida, 560 U.S. 48 (2010), this Court held that, for a juvenile offender who did not commit homicide, the Eigh… |
| 22-7897 |
In Re Frank Walls |
|
2023-06-29 |
Denied |
IFP |
28-usc-2244 eighth-amendment federal-petition habeas-corpus intellectual-disability retroactivity substantive-rule teague-v-lane |
1. Was Hall v. Florida, 572 U.S. 701 (2014) necessarily "made retroactive," for purposes of authorizing a successive federal habeas petition under 28 … |
| 22-1241 |
Jocelyn M. Murphy, et al. v. Securities and Exchange Commission |
Ninth Circuit |
2023-06-27 |
Denied |
Amici (2) |
broker-registration due-process eighth-amendment fair-notice securities-exchange-act-1934 securities-law securities-laws securities-violations seventh-amendment statutory-penalty statutory-penalty-caps |
The Securities Exchange Act of 1934 empowers Respondent Securities and Exchange Commission ("SEC") to seek, and district courts to impose, putatively … |
| 22-7866 |
Frank A. Walls v. Florida |
Florida |
2023-06-26 |
Denied |
IFP |
due-process eighth-amendment federal-authorization finality-of-mandate intellectual-disability mandate-reversal retroactivity supreme-court |
1. Must Hall v. Florida, 572 U.S. 701 (2014), be applied retroactively by state courts because it substantively expanded the class of individuals who … |
| 22-7769 |
Tyrone Desante Morant v. Bill Stange, Warden |
Missouri |
2023-06-13 |
Denied |
Response RequestedRelisted (3)IFP |
14th-amendment 6th-amendment 8th-amendment consecutive-sentences constitutional-rights eighth-amendment juvenile-sentencing mandatory-life-sentence miller-v-alabama sentencing-discretion |
Missouri's former first-degree murder statute, Section 565.020, RSMo, mandated a sentence of life without parole for any offender who committed the of… |
| 22-7764 |
Duane E. Owen v. Florida |
Florida |
2023-06-12 |
Denied |
IFP |
competency competency-to-be-executed criminal-procedure death-penalty dementia due-process eighth-amendment insanity legal-insanity rational-understanding |
1. Whether the State of Florida's perfunctory evaluation of Owen's claim that he is legally insane and incompetent to be executed violated the Eighth … |
| 22-7753 |
Jane Doe, Female Juvenile v. United States |
Tenth Circuit |
2023-06-12 |
Denied |
Relisted (2)IFP |
criminal-procedure cruel-and-unusual-punishment eighth-amendment federal-juvenile-act juvenile-justice juvenile-transfer miller-v-alabama ripeness transfer-to-adult-proceedings |
When a juvenile is charged by Juvenile Information with First Degree Murder pursuant to 18 U.S.C. §§ 2, 1(a), 1151 & 1153, and the government files a … |
| 22-7681 |
Jason Harriman v. United States |
Eighth Circuit |
2023-06-01 |
Denied |
Response WaivedIFP |
brady-violation due-process eighth-amendment evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
1. Whether the Government violated Mr. Harriman's Sixth and Eighth Amendment Constitution al Eights and suppress evidentiary material of exculpatory v… |
| 22-7651 |
Lily Cassandra Alphonsis v. Joel Garnica, Deputy, et al. |
Ninth Circuit |
2023-05-26 |
Denied |
Response WaivedIFP |
americans-with-disabilities-act civil-rights due-process eighth-amendment excessive-force hijab-ban prison-administration religious-accommodation religious-freedom rluipa |
a) Whether a jail facility's ban on the hijab or religious head scarf worn for religious reasons, was the least restrictive means of ensuring effectiv… |
| 22-7625 |
Michael Tisius v. David Vandergriff, Warden |
Missouri |
2023-05-24 |
Denied |
IFP |
brain-development criminal-responsibility cruel-and-unusual-punishment death-penalty eighth-amendment juvenile-offender juvenile-offenders mental-impairment |
Do executions of persons who committed their crimes when they were under the age of 21, or, at the least, the execution of a 19-year-old offender who … |
| 22-7618 |
Dennis Dewayne Jackson v. United States |
Eleventh Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment first-time-offender non-violent-offense non-violent-offenses procedural-reasonableness sentencing-guidelines |
WHETHER THE SENTENCE OF 138 MONTHS' IMPRISONMENT IMPOSED ON A FIRST-TIME OFFENDER VIOLATED THE EIGHTH AMENDMENT PROHIBITION AGAINST CRUEL AND UNUSUAL … |
| 22-7547 |
Carl Lee Ashley v. Mary Boayue, et al. |
Sixth Circuit |
2023-05-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights court-of-appeals cruel-and-unusual-punishment due-process eighth-amendment judicial-review legal-standard objective-prong prison-conditions standing |
DID WE ' OOURT OF APPEALS ERR IN FINDING THAT PETITIONER COULD NOT ESTABLISH THE OBJECTIVE PRONG OF HIS EIGHTH AMENDMENT CLAIMS. |
| 22-1114 |
James Harris, Jr. v. Texas |
Texas |
2023-05-15 |
Denied |
|
death-penalty eighth-amendment fourteenth-amendment ineffective-assistance intellectual-disability medically-accepted-standards moore-v-texas strickland-v-washington |
1. Whether the TCCA contravened the Eighth and Fourteenth Amendments, and this Court's precedents, when it evaluated petitioner's intellectual disabil… |
| 22-7492 |
Cedric Winston O'Neal v. Craig Hughes, Warden |
Sixth Circuit |
2023-05-10 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-rights criminal-procedure due-process eighth-amendment juvenile-justice mandatory-penalty mandatory-transfer miller-v-alabama montgomery-v-louisiana |
Are Mandatory Transfer Schemes also apart of SCOTUS' 8th Amendment ban of mandatory penalty schemes against children?
Did the United States Supreme C… |
| 22-7493 |
Glen Thomas Dotson v. Federal Bureau of Prisons, et al. |
Eighth Circuit |
2023-05-09 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process eighth-amendment federal-bureau-of-prisons first-amendment medical-treatment retaliation standing |
Was Petitioner's First Amendment Right violated when he was retaliated by Federal Bureau of Prisons staff for exercising his right to pursue his lawsu… |
| 22-1073 |
Team Resources Incorporated, et al. v. Securities and Exchange Commission |
Fifth Circuit |
2023-05-04 |
Denied |
Response Waived |
civil-penalty disgorgement due-process eighth-amendment evidentiary-hearing federal-court securities-and-exchange-commission securities-law |
Whether a federal court may grant a disgorgement
request from the Securities and Exchange Commission
without granting a defendant's request for a live… |
| 22-1063 |
Tennessee v. Tyshon Booker |
Tennessee |
2023-05-02 |
Denied |
Response Waived |
8th-amendment constitutional-law criminal-procedure eighth-amendment graham-v-florida juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama sentencing-guidelines term-of-years-sentences |
Whether this Court should extend Graham and Miller to term-of-years prison sentences that permit a juvenile offender's release after a lengthy period … |
| 22-7424 |
Darryl Bryan Barwick v. Florida |
Florida |
2023-05-01 |
Denied |
IFP |
age-of-culpability cognitive-deficits cognitive-impairment cruel-and-unusual-punishment eighth-amendment mental-age neuropsychological-disorder state-constitutional-law |
1. Does a state constitutional provision which prohibits any consideration of evolving standards of decency violate the Eighth Amendment?
2. In light… |
| 22-7432 |
Willie Glover, Jr. v. United States |
District of Columbia |
2023-05-01 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment executive-order human-rights recidivism sentencing-guidelines standing |
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^VvVs f&r &®cuV W£, OrAef QWH ^9 Berber Pj^,fc3
Eei.Pi^*WW of Wn»^ I… |
| 22-7382 |
Tarus Vandell Sales v. Texas |
Texas |
2023-04-26 |
Denied |
IFP |
actual-innocence constitutional-rights criminal-procedure death-penalty eighth-amendment enmund-v-florida fourteenth-amendment habeas-corpus law-of-parties sixth-amendment tison-v-arizona |
1. Whether Mr. Sales's death sentence violates the Sixth, Eighth, and
Fourteenth Amendments, where the jury did not and could not find, based on the
e… |
| 22-7342 |
Dupree Penn v. United States |
Seventh Circuit |
2023-04-21 |
Denied |
Response WaivedIFP |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation |
Question not identified. |
| 22-7305 |
Stacey Johnson, et al. v. Dexter Payne, Director, Arkansas Division of Correction, et al. |
Eighth Circuit |
2023-04-17 |
Denied |
IFP |
8th-amendment cruel-and-unusual-punishment eighth-amendment execution-challenge method-of-execution prisoner-rights scientific-consensus severe-pain standing |
1. Whether the Eighth Amendment requires a prisoner challenging the method of his execution to show a scientific consensus that the method is sure or … |
| 22-996 |
Tawanda Hall, et al. v. Andrew Meisner, Oakland County Treasurer, et al. |
Sixth Circuit |
2023-04-13 |
Denied |
|
civil-forfeiture civil-procedure civil-punishment constitutional-law due-process eighth-amendment excessive-fines excessive-fines-clause property-forfeiture takings tax-foreclosure |
Whether the forfeiture of property worth far more than needed to satisfy a debt plus interest, penalties, and costs is a fine within the meaning of th… |
| 22-7236 |
Louis Gaskin v. Florida |
Florida |
2023-04-06 |
Denied |
IFP |
constitutional-rights cruel-and-unusual-punishment death-penalty eighth-amendment espinosa-v-florida fourteenth-amendment post-conviction-relief procedural-due-process procedural-rules sixth-amendment |
1. Whether evolving standards of decency have rendered Mr. Gaskin's death violative of the Eighth Amendment's prohibition of cruel and unusual punishm… |
| 22-7172 |
Henry A. Harmon v. Kayla Noel-Emsweller, et al. |
Eighth Circuit |
2023-04-03 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process eighth-amendment en-banc-review equal-protection good-time judicial-review sentencing time-served |
Did petitioner have a complete fair denovo review of his legal findings that Kayla Noel- Emsweller, et.al., and defendants deny him his constitutional… |
| 22-7153 |
Tamar Devell Harvey v. Frederick Russell, Assistant Warden |
Fourth Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
bodily-harm civil-rights deliberate-indifference due-process eighth-amendment inmate-safety prison-official prison-officials risk-of-serious-harm substantial-risk |
How can the district court say I failed to state a Claim against Conner when suit never said that suit personally handed my grievance to Conner said t… |
| 22-7141 |
Donald McDonald v. Illinois |
Illinois |
2023-03-29 |
Dismissed |
Response WaivedIFP |
14th-amendment 8th-amendment eighth-amendment fourteenth-amendment habitual-criminal-act life-sentence non-violent-felony proportionate-penalties proportionate-penalties-clause sentencing solem-v-helm |
Whether the decision of the first District Appellate court of Illinois denying Petitioner's proportionate penalty clausd claim conflicts with the deci… |
| 22-7135 |
Victoria Michelle Drain v. Ohio |
Ohio |
2023-03-29 |
Denied |
IFP |
8th-amendment capital-punishment capital-sentencing defense-counsel eddings-v-oklahoma eighth-amendment mitigating-evidence ohio-supreme-court sentencing-review strategic-choice |
Counsel and capital defendant s frequently clash over whether and what mitigating evidence to present in support of a sentence less than deat h. In Oh… |
| 22-7134 |
Christopher L. Whitaker v. Ohio |
Ohio |
2023-03-28 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment 8th-amendment capital-defendant capital-punishment eighth-amendment fifth-amendment fourteenth-amendment mitigation-evidence self-incrimination sixth-amendment |
By compelling the Petitioner to undergo a pretrial psychological evaluation to rebut a mitigation claim it knew he was not making, and prohibiting him… |
| 22-7127 |
William Michael Meyer v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2023-03-28 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment eighth-amendment habeas-corpus proportionality state-court-adjudication term-of-years-sentences |
In 2015, Mr. Meyer was sentenced to a total of 230 years in prison after a jury convicted him of 23 counts of possession of child pornography. This wa… |
| 22-7118 |
Scott David Creech v. Ohio Department of Rehabilitation and Correction |
Sixth Circuit |
2023-03-27 |
Denied |
Response WaivedIFP |
ada americans-with-disabilities-act disability-accommodation disability-rights due-process eighth-amendment fourteenth-amendment prisoner-accommodation reasonable-accommodation |
1.) Did the Ohio Department of Rehabilitations and Corrections know that Petitioner was disabled and thereafter deny him a reasonable accommodation to… |
| 22-7113 |
Atdom Mikels Patsalis v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2023-03-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aggregate-length-of-sentences cruel-and-unusual-punishment eighth-amendment habeas-corpus proportionality term-of-years-sentences |
1. When a state court expressly refuses to consider a petitioner's constitutional claim, has that court nevertheless adjudicated that claim "on the me… |
| 22-7049 |
Robert A. Martinez, Jr. v. Lucas County Jail |
Sixth Circuit |
2023-03-21 |
Denied |
IFP |
8th-amendment americans-with-disabilities-act civil-rights constitutional-rights disability-rights due-process eighth-amendment inmate-healthcare medical-treatment |
1. Is it legal to refuse prescribed medication to a Disabled person while incarcerated?
2. Why is Suboxone given to inmates in some State, but not al… |
| 22-6972 |
Deandre Earp v. United States |
Fourth Circuit |
2023-03-08 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process eighth-amendment equal-protection fourth-circuit judicial-interpretation mental-illness sentencing |
Whether a General Act violating the Constitution of the United States presents a "question" within the meaning of the Judiciary Act.
Whether the peti… |
| 22-6964 |
Arthur Brown, Jr. v. Texas |
Texas |
2023-03-08 |
Denied |
IFP |
atkins-claim atkins-v-virginia capital-punishment eighth-amendment intellectual-disability moore-precedent moore-v-texas procedural-bar texas-criminal-code-article-11.071-section-5(a)(1) |
1. Is Mr. Brown entitled to a merits review of his Atkins claim under federal law, Moore I and Moore II, and was the procedural bar asserted by the Te… |
| 22-6960 |
James Jonathan Mitchell v. Florida |
Florida |
2023-03-08 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment death-penalty due-process eighth-amendment habeas-corpus mental-competency |
Question not identified. |
| 22-6937 |
Robert L. Davis v. United States |
Eleventh Circuit |
2023-03-06 |
Dismissed |
Response WaivedIFP |
14th-amendment 28-usc-1915 access-to-courts civil-rights court-access cruel-unusual-punishment due-process eighth-amendment first-amendment pro-se-litigant redress |
Question & oue
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%ltis(9) U^kss Owe. Pco/5 In- FTU Due. Process
V?oIcttimg Tke. 1st Av… |
| 22-6819 |
Donald Dillbeck v. Florida, et al. |
Florida |
2023-02-20 |
Denied |
Amici (1)IFP |
atkins-v-florida eighth-amendment fourteenth-amendment intellectual-disability jury-unanimity medical-community medical-consensus neurobehavioral-disorder prenatal-alcohol-exposure |
1. In light of the medical community's recent consensus that
Neurobehavioral Disorder Associated with Prenatal Alcohol Exposure is not only
functional… |
| 22-6762 |
Ryan Galal Van Dyck v. Arizona |
Arizona |
2023-02-13 |
Denied |
Response WaivedIFP |
8th-amendment child-pornography cruel-and-unusual-punishment eighth-amendment life-sentence mandatory-sentencing proportionality sentencing |
Does a mandatory de facto life sentence for mere possession of child pornography images, when the person has never directly abused or attempted to abu… |
| 22-6739 |
Harry Franklin Phillips v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-02-09 |
Denied |
IFP |
14th-amendment 8th-amendment capital-punishment certificate-of-appealability circuit-split constitutional-law due-process eighth-amendment habeas-corpus intellectual-disability retroactivity |
1. Whether the denial of a Certificate of Appealability (COA) on the denial of a motion that seeks to amend a habeas petition pending on appeal – whic… |
| 22-6737 |
John Edward Butler v. North Carolina |
North Carolina |
2023-02-09 |
Denied |
IFP |
criminal-justice due-process eighth-amendment equal-protection parole sentencing |
Question not identified. |
| 22-6725 |
Michael A. Gordon v. Florida |
Florida |
2023-02-08 |
Denied |
IFP |
capital-sentencing death-penalty eighth-amendment fourteenth-amendment proportionality-review pulley-v-harris |
Has the Florida Supreme Court by abandoning comparative proportionality review in death penalty appeals - - while dismantling other safeguards, and in… |
| 22-6713 |
Leonard Taylor v. David Vandergriff, Superintendent, Potosi Correctional Center |
Missouri |
2023-02-06 |
Denied |
IFP |
actual-innocence death-penalty due-process eighth-amendment fourteenth-amendment habeas-corpus scientific-evidence |
In light of the foregoing facts, this petition presents the following questions:
1. Whether a freestanding claim of actual innocence presents a cogni… |
| 22-693 |
Michael Johnson v. Susan Prentice, et al. |
Seventh Circuit |
2023-01-25 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (8) |
circuit-split civil-rights cruel-and-unusual-punishment eighth-amendment exercise-deprivation prisoner-rights solitary-confinement |
Whether punitively depriving a prisoner in solitary confinement of virtually all exercise for three years notwithstanding the absence of a security ju… |
| 22-6538 |
Tremane Wood v. Oklahoma |
Oklahoma |
2023-01-17 |
Denied |
IFP |
capital-successor-statute collateral-review due-process eighth-amendment federal-constitutional-claims fourteenth-amendment newly-discovered-evidence postconviction-review sixth-amendment state-prisoners successor-postconviction |
1. When states open their postconviction forums to federal claims raised in a successor posture based on newly-discovered evidence, do they have to ad… |
| 22-6524 |
Barry L. Brookins v. Rajendra Dwivedi |
Ninth Circuit |
2023-01-11 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection fourteenth-amendment medical-procedure state-law |
1. THE PLAINTIFF 8TH AMENDMENT CONSTITUTIONAL RIGHT UNDER A DELIBERATE INDIFFERENCE HAS BEEN VIOLATED THROUGH AN UNLAWFUL SURGERY PERFORMED WITHOUT TH… |
| 22-6515 |
Christopher Raiche v. United States |
First Circuit |
2023-01-10 |
Denied |
Response WaivedIFP |
criminal-sentencing cruel-and-unusual-punishment disproportionate-sentence eighth-amendment first-time-offender grossly-disproportionate life-sentence non-violent-crime sentencing |
Whether the Eighth Amendment's prohibition against grossly disproportionate prison sentences was triggered by the imposition of a de facto life senten… |
| 22-614 |
Troy Chrisman, et al. v. Estate of Seth Michael Zakora, et al. |
Sixth Circuit |
2023-01-05 |
Denied |
Response RequestedResponse WaivedRelisted (4) |
civil-rights constitutional-protection corrections corrections-liability criminal-law drug-contraband due-process eighth-amendment institutional-supervision prisoner-rights |
1. Whether a prisoner's criminal act of voluntarily ingesting an illegal drug banned within the prison can give rise to that prisoner's federal consti… |
| 22-6431 |
Philip Johnson v. Illinois |
Illinois |
2022-12-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights eighth-amendment guilty-plea juvenile-justice juvenile-sentencing miller-factors miller-v-alabama plea-bargaining proportionate-penalties sentencing sentencing-discretion |
(1) Whether a pre-Miller guilty plea bars a post-Miller sentencing challenge under the Eighth Amendment.
(2) Whether the sentencing process mandated … |
| 22-6396 |
John Edward Sansing v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-12-27 |
Denied |
IFP |
appellate-review clearly-established-law criminal-procedure death-penalty eighth-amendment federal-habeas mitigating-evidence mitigating-factors sentencing-procedure victim-impact |
John Edward Sansing pleaded guilty to first-degree murder and other felonies with no agreements offered by the state. During the sentencing proceeding… |
| 22-580 |
John Q. Hamm, Commissioner, Alabama Department of Corrections v. Kenneth Eugene Smith |
Eleventh Circuit |
2022-12-22 |
Denied |
Relisted (9) |
alternative-method comity death-penalty eighth-amendment feasibility finality method-of-execution nitrogen-hypoxia |
In an Eighth Amendment method-of-execution case, is an alternative method of execution feasible and readily implemented merely because the executing S… |
| 22-6384 |
Peter Gakuba v. Larry Henderson, et al. |
Seventh Circuit |
2022-12-22 |
Denied |
Response WaivedIFP |
14th-amendment 8th-amendment administrative-remedies civil-rights constitutional-violations deliberate-indifference due-process eighth-amendment kosher-meal-requirements prisoner-rights |
Gakuba exhausted all his available administrative remedies when grieving Vienna prison staffers' deliberate ignorance to Gakuba's seafood allergy, and… |
| 22-6320 |
Mausean Carter v. Corizon Health, Inc. |
Maryland |
2022-12-16 |
Denied |
IFP |
actual-innocence burden-of-proof civil-rights deliberate-indifference eighth-amendment evidence gross-negligence habeas-corpus medical-evidence medical-treatment successive-petition |
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| 22-6255 |
Deonte Courtez Gates v. United States |
Sixth Circuit |
2022-12-08 |
Denied |
Response WaivedIFP |
blakely-v-washington circuit-court-conflict constitutional-interpretation eighth-amendment federal-law juvenile-defendant relevant-conduct sentencing-guidelines |
L. Whether the relevant conduct sentencing guideline is unconstitutional under the Eighth Amendment as applied to conduct committed by a juvenile defe… |
| 22-6257 |
Kenneth Ray Borders v. United States |
Eighth Circuit |
2022-12-08 |
Denied |
Response WaivedIFP |
circuit-court compassionate-release criminal-procedure due-process eighth-amendment health-conditions judicial-misconduct procedural-error standing |
I. SHOULD THIS COURT GRANT THE WRIT WHERE THE LOWER
COURT ERRED IN VIOLATION OF THE EIGHTH AMENDMENT
IN DENYING COMPASSIONATE RELEASE WHEN THE LOWER… |
| 22-6231 |
William Dustin Poole v. Florida |
Florida |
2022-12-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-law cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment life-without-parole non-homicide-offense sentencing |
Whether a sentence of life imprisonment without the possibility of parole on an eighteen-year-old defendant convicted of a non-homicide offense violat… |
| 22-6217 |
Steven Wayne Keefe v. Montana |
Montana |
2022-12-05 |
Denied |
Response WaivedRelisted (2)IFP |
adequate-defense ake-v-oklahoma constitutional-rights due-process expert-assistance juvenile-offender juvenile-sentencing mental-health mental-health-expert miller-v-alabama sentencing |
This petition presents the following question: whether the "basic tools of an adequate defense" include expert assistance in "evaluation, preparation,… |
| 22-6191 |
John L. Lotter v. Nebraska |
Nebraska |
2022-12-01 |
Denied |
IFP |
atkins-v-virginia capital-punishment collateral-review constitutional-law eighth-amendment hall-v-florida intellectual-disability moore-v-texas retroactivity substantive-rules |
Did Hall and Moore I announce new substantive rules of federal constitutional law that apply retroactively to cases on collateral review? |
| 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 |
After Poundersv. Watson, 521 U.S. 982 (1997) (with Justices Stevens and Breyer dissenting),
South Carolina 's Supreme Court ("SC S Ct"), in conflict … |
| 22-6200 |
In Re Terry Lopez |
|
2022-12-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-asset-forfeiture civil-procedure civil-rights constitutional-violation due-process eighth-amendment habeas-corpus innocent-owner-doctrine standing supreme-court-jurisdiction takings |
Whether the abuse of direction and mistake of Law perpetuated by The Fifth Circuit Runs afoul of the Supreme court honing in Timbs v. Indiana, Februar… |
| 22-6156 |
Peter Ivan McNeal v. Dean Borders, Warden |
Ninth Circuit |
2022-11-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eighth-amendment evidentiary-hearing exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel memory-expert taint-expert trial-counsel |
Whether the California courts' unreasonable refusal to hold an evidentiary hearing on petitioner's claims of ineffective assistance of counsel, combin… |
| 22-468 |
Daniel James Altstatt v. City of Sacramento, California |
California |
2022-11-18 |
Denied |
|
bajakajian-factors civil-penalty civil-rights due-process eighth-amendment excessive-fines excessive-fines-clause fourteenth-amendment incorporation-doctrine united-states-v-bajakajian |
Following the Court's ruling in Timbs v. Indiana, 139 S. Ct. 682 (2019), which held that the Excessive Fines Clause of the Eighth Amendment is incorpo… |
| 22-6074 |
Terry Eugene Sears v. Vernia Roberts, et al. |
Eleventh Circuit |
2022-11-16 |
Denied |
IFP |
civil-procedure civil-rights due-process eighth-amendment evidentiary-hearing fourteenth-amendment judicial-discretion prisoner-litigation prisoner-rights security-measures |
1. WHETHER THE PROCEDURES REQUIRED TO INSTITUTE UNUSUAL SECURITY MEASURES APPLY IN CIVIL CASES BROUGHT BY PRISONER - PLAINTIFFS?
2. WHETHER DISTRICT … |
| 22-6049 |
Kenneth Eugene Smith v. Alabama |
Alabama |
2022-11-14 |
Denied |
IFP |
capital-sentencing cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment jury-determination jury-override state-federal-practice |
Does executing a condemned person contrary to a capital sentencing jury's determination that he should be sentenced to life imprisonment without the p… |
| 22-6041 |
David Williams, III v. United States |
Eleventh Circuit |
2022-11-10 |
Denied |
Response WaivedIFP |
28-usc-2255 congressional-intent conviction-review eighth-amendment equitable-tolling fifth-amendment government-misconduct section-2255 |
Whether a defendant's conviction and sentence for nonexistent crimes: (1) violates the Fifth And Eighth Amendments, (2) constitute extraordinary and e… |
| 22-6044 |
Jerlard Derek Rembert v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2022-11-10 |
Denied |
Response WaivedIFP |
1983 8th-amendment civil-rights due-process eighth-amendment federal-jurisdiction heck-doctrine section-1983 statute-of-limitations subject-matter-jurisdiction |
Where the Lower Court held a de novo determination that the 1983 complaint at issue, claiming constitutional violations, was plaintiffs failing to sho… |
| 22-6023 |
Tonatihu Aguilar v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-11-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure eighth-amendment juvenile-offender juvenile-sentencing life-without-parole mandatory-sentencing miller-v-alabama parole-abolition sentencing-reform |
When a state abolishes its parole system, does it create a mandatory life-without-parole sentence that, when imposed on a juvenile homicide offender, … |
| 22-6027 |
Cedric Joseph Rue, Jr. v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2022-11-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure eighth-amendment eighth-amendment-interpretation juvenile-offender juvenile-sentencing life-without-parole mandatory-sentencing parole-abolition sentencing-discretion |
When a state abolishes its parole system, does it create a mandatory life-without-parole sentence that, when imposed on a juvenile homicide offender, … |
| 22-6006 |
Justin Richard Testani v. United States |
Eleventh Circuit |
2022-11-07 |
Denied |
Response WaivedIFP |
child-pornography criminal-history cruel-and-unusual-punishment eighth-amendment mental-capacity sentencing sentencing-disparity |
1. Whether a 720-month sentence violates the Eighth Amendment prohibition on cruel and unusual sentences when Mr. Testani never had physical contact w… |
| 22-5947 |
Kevin Johnson v. Missouri |
Missouri |
2022-10-31 |
Denied |
IFP |
criminal-procedure criminal-trial death-penalty eighth-amendment juror-misconduct juvenile-justice mental-health mental-impairment racial-bias |
1. In light of a court's duty to issue a remedy that "neutralize[s] the taint of a constitutional violation" while avoiding the grant of "a windfall t… |
| 22-5943 |
Isaiah Tyler v. Kentucky Department of Corrections |
Kentucky |
2022-10-28 |
Denied |
IFP |
14th-amendment 8th-amendment due-process eighth-amendment equal-protection fourteenth-amendment liberty-interest violent-offender-statute |
1. Do Kentucky's violent offender statute create a liberty interest protected by due process?
2. Is the Kentucky Department of Corrections in constan… |
| 22-5906 |
William Lee Thompson v. Florida |
Florida |
2022-10-25 |
Rehearing |
Relisted (2)IFP |
death-penalty eighth-amendment fourteenth-amendment intellectual-disability iq-test iq-testing retroactivity standard-error teague-rule |
1. In Atkins v. Virginia, 536 U.S. 304 (2002), this Court held that the Eighth and Fourteenth Amendments preclude the execution of defendants with int… |
| 22-5889 |
Michael Paul Jessup v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-10-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
8th-amendment constitutional-law criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole mandatory-sentencing parole-abolition sentencing |
When a state abolishes its parole system, does it create a mandatory life-without-parole sentence that, when imposed on a juvenile homicide offender, … |
| 22-5881 |
Trencie V. Oliver v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2022-10-21 |
Denied |
Response WaivedIFP |
constitutional-law criminal-law due-process eighth-amendment proportionality sentencing |
Whether Trencie Oliver's sentence imposed as to his offenses is disproportionate to the offense and violates due process or the Eighth Amendment of th… |
| 22-5872 |
In Re Benjamin Cole |
|
2022-10-20 |
Denied |
IFP |
competency death-penalty due-process eighth-amendment execution-protocol fourteenth-amendment habeas-corpus mental-competency mental-illness original-jurisdiction |
Whether the State of Oklahoma may execute Benjamin Cole while he is incompetent to be executed, in violation of the Eighth and Fourteenth Amendments t… |
| 22-5848 |
Benjamin Robert Cole v. Jim Farris, Warden |
Oklahoma |
2022-10-17 |
Denied |
IFP |
death-row disputed-issues-of-fact eighth-amendment execution-competency ford-v-wainwright fourteenth-amendment panetti-v-quarterman procedural-safeguards state-court warden-gatekeeper |
1. Whether it violates the Eighth Amendment and this Court's decisions in Ford v. Wainwright, 477 U.S. 399 (1986), and Panetti v. Quarterman, 551 U.S.… |
| 22-342 |
Mary Corner v. Martin J. Walsh, Secretary of Labor |
Seventh Circuit |
2022-10-12 |
Denied |
Response Waived |
administrative-law administrative-record civil-procedure civil-rights due-process eighth-amendment labor-law labor-management-reporting-and-disclosure-act procedural-due-process secretary-of-labor standing union-member-rights |
1. Whether my rights to procedural due process was violated under the XIV Amendment when I was denied my right to submit a Reply Brief in 7th Circuit … |
| 22-5814 |
Christopher Allan Allred v. Washington |
Washington |
2022-10-12 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure critical-stage cruel-and-unusual-punishment death-penalty due-process eighth-amendment execution mental-illness rational-understanding right-to-counsel sixth-amendment |
Question not identified. |
| 22-5686 |
Curtis Lee Henderson, Sr. v. California |
California |
2022-09-27 |
Denied |
Response WaivedIFP |
civil-rights cruel-and-unusual-punishment due-process eighth-amendment fourteenth-amendment liberty-interest parole parole-denial youth-offender |
WAS IT CRUEL AND UNUSUAL TO CONDEMN HENDERSON'S AMBLE FROM 25-TO-LIFE PLUS FIFTEEN, TO LIFE WITHOUT PAROLE WITHOUT A COURT HEARING, AFTER SERVING 30 Y… |
| 22-248 |
Larry Tawney, Jr. v. Portage County, Ohio, et al. |
Sixth Circuit |
2022-09-15 |
Denied |
Response Waived |
42-usc-1983 civil-rights eighth-amendment intentional-infliction-of-emotional-distress monell-claim section-1983 summary-judgment |
Whether a trial court properly dismisses, as a matter of law, pursuant to Rule 56(c), F.R.C.P., a plaintiff's complaint wherein the plaintiff seeks co… |
| 22-5584 |
Emru Kebede v. Pennsylvania |
Pennsylvania |
2022-09-15 |
Denied |
IFP |
8th-amendment age-discrimination due-process eighth-amendment equal-protection juvenile-offenders juvenile-sentencing mandatory-minimum mandatory-minimum-sentences roper-v-simmons |
1.) DO THE DECISIONS OF THIS COURT IN ROPER V. SIMMONS AND MILLER V. ALABAMA ESTABLISH A FUNDAMENTAL RIGHT FOR OFFENDERS UNDER 18 YEARS OF AGE AS IT R… |
| 22-237 |
Sandra K. Nieveen v. TAX 106, et al. |
Nebraska |
2022-09-13 |
GVR |
Amici (2)Response RequestedResponse WaivedRelisted (4) |
due-process eighth-amendment excessive-fines government-seizure just-compensation property-rights takings-clause tax-sale |
Under Nebraska's tax sale scheme, the state stole the full value of Sandra K. Nieveen's home by allowing a private investor to take title after paying… |
| 22-5552 |
Robert Budwilowitz v. Marc Nichols Associates, et al. |
New York |
2022-09-12 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights due-process eighth-amendment extraordinary-circumstances judicial-efficiency motion-for-leave new-york-procedure ross-factors standing |
• Is the dismissal of the motion for leave to appeal by the New York State Court of Appeals (see 2022 NYSlip Op 60107) inconsistent?
• Is N.Y. Comp. … |
| 22-5559 |
Patricio Estrada v. Troy Nehls, Sheriff, Fort Bend County, Texas, et al. |
Fifth Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights deliberate-indifference disciplinary-isolation due-process eighth-amendment equal-protection medical-treatment prison-conditions |
2) Can ya ackless Ho cbflerences in Duc Mecess. tights 40.adlhn. Segegahion, veties discyplinaty iSolatoty:asas Esttadhs £eual Astechon dad Lue lace a… |
| 22-5498 |
Aaron Striz v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. |
Fifth Circuit |
2022-09-02 |
Denied |
IFP |
administrative-segregation administrative-state constitutional-minima due-process eighth-amendment equality-under-the-law prisoners-rights solitary-confinement |
Does extended, indefinite solitary confinement of an atypical duration, under some circumstances, violate the Eighth Amendment, as at least five circu… |
| 22-5472 |
Aaron Michael Shamo v. United States |
Tenth Circuit |
2022-08-30 |
Denied |
Response WaivedIFP |
anti-drug-abuse-act chemical-compound chemical-compounds controlled-substance counsel-waiver cruel-and-unusual-punishment drug-distribution drug-sentencing eighth-amendment essential-elements fentanyl statutory-interpretation |
In 1986, Congress passed the Anti-Drug Abuse Act, which provided for a mandatory life without parole sentence for drug offenders who distributed very … |
| 22-177 |
Monica Toth v. United States |
First Circuit |
2022-08-29 |
Denied |
Amici (2)Relisted (5) |
bank-secrecy-act civil-penalties civil-penalty deterrence deterrent-penalty eighth-amendment excessive-fines-clause fbar foreign-bank-accounts |
The Bank Secrecy Act and implementing regulations require U.S. persons to file an annual report—called an FBAR—if they have foreign bank accounts cont… |
| 22-5458 |
Kenneth Lainell Davis v. Florida |
Florida |
2022-08-29 |
Denied |
IFP |
criminal-defendant criminal-procedure criminal-trial due-process eighth-amendment felony jury jury-composition juvenile-sentencing mandatory-minimum sixth-amendment |
1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense.
2. Whether the imposition of a … |
| 22-166 |
Geraldine Tyler v. Hennepin County, Minnesota, et al. |
Eighth Circuit |
2022-08-23 |
Judgment Issued |
Amici (44)Response RequestedResponse WaivedRelisted (3) |
civil-forfeiture constitutional-law due-process eighth-amendment excessive-fine excessive-fines government-forfeiture property-rights takings-clause tax-debt |
Hennepin County confiscated 93-year-old Geraldine Tyler's former home as payment for approximately $15,000 in property taxes, penalties, interest, and… |
| 22-5405 |
Perry Sawano v. Colorado |
Colorado |
2022-08-19 |
Denied |
IFP |
8th-amendment aggregate-sentence constitutional-interpretation constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment proportionality-analysis proportionality-review sentencing sentencing-review |
1) Does the Eighth Amendment of the U.S. Constitution, which prohibits
the imposition of cruel and unusual punishment require that a sentencing
court… |
| 22-5354 |
Ricardo L. Noble v. Pennsylvania |
Pennsylvania |
2022-08-18 |
Denied |
IFP |
civil-rights constitutional-rights due-process evidence juvenile-justice juvenile-sentencing miller-rule rehabilitation sentencing sentencing-discretion |
The facts, issues, and eudeace relates to Lace A Juvenile Lifec*s DecertiFitarion(Jrunstec) deescrou ace celévaatto Said Juvenile Likees re sentencing… |
| 22-5329 |
Chadrick Fulks v. T. J. Watson, Warden |
Seventh Circuit |
2022-08-10 |
Denied |
Relisted (2)IFP |
28-U.S.C-2241 28-U.S.C-2255 collateral-review death-penalty eighth-amendment habeas-corpus intellectual-disability section-2241 section-2255 |
Is an intellectually disabled and death-sentenced prisoner condemned to be executed in violation of the Eighth Amendment because he was found not to b… |
| 22-5261 |
Yusuf O. Bush v. David J. Ebbert |
District of Columbia |
2022-08-08 |
Denied |
Response WaivedIFP |
civil-rights confrontation-clause constitutional-rights criminal-procedure due-process eighth-amendment federal-courts habeas-corpus standing statutory-interpretation |
3., Do&S "fye Aw£i>PA 6-f N/ibloAe- 4*V\C Ce>n5454i£>in
0-f 4~ln£- l)n\4ed Skk^ i5^ a/\J 6^&wevoJoi-evv4- 'J
Sp^C\§i c\\j fV^£, Ist Ostno^.^ ime/it Ju… |
| 22-5297 |
Jean Max Darbouze v. California |
California |
2022-08-05 |
Denied |
IFP |
14th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment fourteenth-amendment helling-v-mckinney state-application |
Amendment Constitutional ^The^R^spondent violated the Petitioner 8th
Rights.ALso applied tothe State California Via 14th Amendment
to the U.S.Constit… |
| 22-5192 |
Jose Manuel Hernandez-Miranda v. United States |
Eleventh Circuit |
2022-08-01 |
Denied |
Response WaivedIFP |
compassionate-release court-review covid-19 criminal-justice due-process eighth-amendment extraordinary-reasons judicial-discretion petitioner-rights sentencing sentencing-relief |
Question not identified. |
| 22-5245 |
Pamela McCoy v. Florida |
Florida |
2022-08-01 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights cruel-and-unusual-punishment due-process equal-protection fair-proceeding juvenile-sentencing manifest-injustice sentencing-review |
I. Does the decision of the Florida State Courts to deny the Petitioner relief ruling that the Petitioner's thirty-five (35) year sentence as a juveni… |
| 22-5203 |
Travis Wade Amaral v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-07-27 |
Denied |
Response WaivedIFP |
constitutional-prohibition due-process juvenile-offenders juvenile-sentencing life-without-parole mandatory-sentences miller-v-alabama sentencing-discretion term-of-years-sentences |
1. Does the constitutional prohibition against mandatory life sentences for juvenile offenders in Miller v. Alabama apply to mandatory term-of-years s… |
| 22-5083 |
William Wellington Hooper, Jr. v. United States |
Fourth Circuit |
2022-07-13 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process eighth-amendment fair-trial fourth-amendment search-and-seizure sentencing |
1. Were Mr. Hooper's cell phones seized in violation of his Fourth Amendment right against unreasonable search and seizure?
2. Did the District Court… |
| 22-5093 |
Jerry Leon Haliburton v. Florida |
Florida |
2022-07-13 |
Denied |
IFP |
burden-of-proof capital-punishment clear-and-convincing-evidence death-penalty eighth-amendment fourteenth-amendment intellectual-disability state-law |
In Atkins v. Virginia, 536 U.S. 304 (2002), this Court held that the Eighth and Fourteenth Amendments preclude the execution of defendants with intell… |
| 21-8232 |
Stephon Ellis v. United States |
Fourth Circuit |
2022-06-24 |
Denied |
Response WaivedIFP |
criminal-sentencing eighth-amendment judicial-discretion mitigating-factors mitigation-factors proportionality proportionality-principle sentencing-guidelines traumatic-background traumatic-childhood |
Whether the 90-month sentence imposed on Mr. Ellis was "greater than
necessary" considering his extraordinarily traumatic childhood. |
| 21-1581 |
Tong Park v. California |
California |
2022-06-22 |
Denied |
Response Waived |
access-to-courts civil-rights due-process eighth-amendment extrinsic-fraud fair-trial faretta-rights in-personam-jurisdiction prima-facie-guilt subject-matter-jurisdiction writ-of-error-coram-nobis |
1) Although unpublished, because the Court of Appeal's opinion departed from a long line of well-established and published opinions of both this Court… |
| 21-8177 |
Marlin Larice Joseph v. Florida |
Florida |
2022-06-17 |
Denied |
IFP |
constitutional-safeguards cruel-and-unusual-punishment death-penalty due-process eighth-amendment fourth-amendment geographic-arbitrariness sixth-amendment standards-of-decency |
Does the death penalty in and of itself violate the Eighth Amendment in light of contemporary standards of decency and the geographic and other arbitr… |
| 21-8155 |
Chad M. Vice v. City of Fort Madison, Iowa, et al. |
Eighth Circuit |
2022-06-16 |
Denied |
Relisted (2)IFP |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation |
Question not identified. |
| 21-8156 |
Demetrius Antwon Wilson v. Jeffrey Alvarez, et al. |
Ninth Circuit |
2022-06-16 |
Denied |
IFP |
8th-amendment civil-procedure civil-rights constitutional-violation cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-treatment prisoner-rights |
NV X v&Jer Deviated Fco/ntte^Wk*
N infly£\rcu^ CaSc la to [jaoi<2>n \J, AlcJdvM-^ %^3 d;3&
(T^c^. 11%)^ ^pso« oFPr'c^ls are. del;l^+&(y
deny, delay, … |
| 21-8144 |
Tavares J. Wright v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-06-15 |
Denied |
IFP |
atkins-v-virginia capital-punishment due-process eighth-amendment flynn-effect fourteenth-amendment hall-v-florida intellectual-disability iq-testing moore-v-texas |
Whether failing to apply the Flynn effect to a capital defendant's intelligence quotient scores in cases where the scores were formulated from tests t… |
| 21-8083 |
In Re Frank Jarvis Atwood |
|
2022-06-07 |
Denied |
IFP |
capital-murder death-penalty eighth-amendment fourteenth-amendment prior-conviction state-ground statutory-elements |
Question not identified. |
| 21-8084 |
Frank Jarvis Atwood v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-06-07 |
Denied |
Amici (1)IFP |
as-applied-challenge comity constitutional-challenge eighth-amendment execution-protocol federal-courts federalism inmate-standing method-of-execution standing |
1. Ifa state's established method of execution would violate the Eighth Amendment as applied to that inmate, may federal courts direct specific altera… |
| 21-8046 |
Joseph Martin Danks v. California |
California |
2022-06-03 |
Denied |
IFP |
capital-punishment criminal-culpability cruel-and-unusual-punishment due-process eighth-amendment inmate-rights mental-health state-liability state-responsibility |
1. Does the Eighth Amendment preclude the execution of a seriously mentally ill inmate whose homicidal behavior was the reasonably known, foreseeable,… |
| 21-8006 |
Charles A. Inko-Tariah v. Federal Medical Center Butner, NC, et al. |
Fourth Circuit |
2022-06-01 |
Denied |
IFP |
civil-rights constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment fifth-amendment medical-malpractice unreasonable-search-and-seizure |
1) Was the U.S Court of Appeals For The Fourth Circuit, Richmond, Virginia correct in affirming the decision of the U.S District Court, EDNC, Raleigh,… |
| 21-7977 |
Jason Albert Halda v. Wisconsin |
Wisconsin |
2022-05-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-resentencing criminal-sentencing disproportionality eighth-amendment juvenile-offenders juvenile-sentencing miller-montgomery-rule miller-v-alabama montgomery-v-louisiana proportionality-review sentencing-guidelines |
1. Is Jason Halda entitled to a resentencing because the judge imposed sentences long before
the Court's rulings in Miller and Montgomery. Therefore,… |
| 21-7929 |
Johnny Joe Avalos v. Texas |
Texas |
2022-05-20 |
Denied |
Response WaivedIFP |
capital-murder cruel-and-unusual-punishment eighth-amendment intellectual-disability life-without-parole mitigating-circumstances sentencing texas-penal-code |
Whether an ALWOP sentence on an intellectually disabled adult convicted of capital murder as provided by Texas Penal Code Section 12.31(a)(2) - a stat… |
| 21-1464 |
Emond S. Gulley v. Kansas |
Kansas |
2022-05-19 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-law criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion term-of-years-sentence |
In Miller v. Alabama, 567 U.S. 460 (2012), the Court held that the Eighth Amendment bars the mandatory imposition of life in prison without parole for… |
| 21-7855 |
James Wells Horsey v. Oklahoma |
Oklahoma |
2022-05-13 |
Denied |
Relisted (2)IFP |
blockburger-test constitutional-rights due-process eighth-amendment fifth-amendment first-amendment juvenile-pornography same-evidence-test sixth-amendment |
Under the Blockburger Test and same evidence test, can possession of juvenile pornography be considered child pornography or adult pornography since t… |
| 21-7829 |
Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2022-05-11 |
Denied |
IFP |
8th-amendment competency-to-be-executed eighth-amendment execution-standard mental-competency mental-illness non-bizarre-delusions panetti-precedent panetti-v-quarterman schizophrenia |
(1) Does Panetti v. Quarterman, 551 U.S. 930 (2007) foreclose a schizophrenic prisoner from demonstrating that non-bizarre delusions obstruct his rati… |
| 21-7809 |
Urshawn Eric Miller v. Tennessee |
Tennessee |
2022-05-09 |
Denied |
IFP |
arbitrary-and-capricious arbitrary-capricious capital-punishment comparative-proportionality-review death-penalty due-process eighth-amendment proportionality-review sentencing-review |
Whether Tennessee's comparative proportionality review, the state's chosen safeguard against arbitrary and capricious imposition of the death penalty,… |
| 21-7768 |
Jowell Travis LeGendre v. Virginia |
Virginia |
2022-05-04 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-rights criminal-procedure due-process eighth-amendment fifth-amendment ineffective-assistance ineffective-counsel inquiry pre-trial |
• Were my rights to due process of law under the Fifth Amendment and Section 1 of the Eighth Amendment prejudiced when the Circuit Court for the City … |
| 21-7778 |
Lester Ochoa v. Ron Davis, Warden |
Ninth Circuit |
2022-05-04 |
Denied |
IFP |
capital-punishment cruel-and-unusual-punishment cullen-v-pinholster eighth-amendment family-sympathy jury-instructions mitigation mitigation-evidence |
Whether a State court may, consistent with the Right Against Cruel and Unusual Punishment guaranteed by the Eighth Amendment, prohibit jurors from con… |
| 21-1401 |
John Doe v. Colonel Gary T. Settle, Superintendent, Virginia Department of State Police |
Fourth Circuit |
2022-05-02 |
Denied |
Response Waived |
8th-amendment civil-rights constitutional-law criminal-procedure due-process eighth-amendment punishment punishment-analysis sex-offender-registry smith-v-doe state-restrictions |
Whether a state sex offender registry that imposes restrictions on individuals beyond mere registration with state or local law enforcement constitute… |
| 21-7689 |
Deverick Scott v. Dexter Payne, Director, Arkansas Division of Correction, et al. |
Eighth Circuit |
2022-04-25 |
Dismissed |
Response WaivedIFP |
civil-rights discovery due-process eighth-amendment failure-to-protect prisoner-rights retaliation screening-process section-1983 |
1. On 4/24/18, 4/25/18 Did Defendants Malone, Sexton, Burchfield violate Scott s clearly establish right to be protected by Assault from other inmate … |
| 21-7676 |
Robert Christopher Jones v. Illinois |
Illinois |
2022-04-21 |
Denied |
Response WaivedIFP |
criminal-justice eighth-amendment juvenile-justice mandatory-sentencing miller-factors miller-v-alabama plea-agreement plea-bargaining sentencing sentencing-challenge |
(1) Whether a pre- Miller guilty plea bars a post- Miller sentencing challenge
under the Eighth Amendment.
(2) Whether the sentencing process mandat… |
| 21-7663 |
Guy Adam Rook v. Donald Holbrook |
Ninth Circuit |
2022-04-20 |
Denied |
Response WaivedIFP |
8th-amendment cruel-and-unusual-punishment eighth-amendment federal-constitutional-law gross-disproportionality habeas-corpus harmelin-v-michigan lockyer-v-andrade state-constitutional-law supreme-court-precedent |
1) Whether a demonstration that a state constitutional test is less protective than the federal constitutional test means that an adjudication of the … |
| 21-7568 |
Jimmy Stephens v. Florida Department of Corrections |
Florida |
2022-04-06 |
Denied |
Response WaivedIFP |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation |
Question not identified. |
| 21-7538 |
Clyde Otis Alston, Jr. v. United States |
Fourth Circuit |
2022-04-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process eighth-amendment sentencing |
(.CokeAkor4W Coutr-V foeAovo £rr«.A ia TVv-fiA^ feWP m^oa 4-V\<l SutsWvKcA^
lAAfeASoACNVic Se^VeAC^ |
| 21-7547 |
Gabriel Gonzalez v. John P. Yates, Warden |
Eighth Circuit |
2022-04-05 |
Denied |
Response WaivedIFP |
constitutional-rights covid-19 cruel-and-unusual-punishment due-process eighth-amendment imprisonment prison-conditions sentencing sentencing-guidelines |
I. Does continued imprisonment under unconstrained exposure to a lethal contagion, such as COVID-19, violate his Eighth Amendment right to be free fro… |
| 21-7512 |
Kevin E. Herriott v. Major Parrish, et al. |
Fourth Circuit |
2022-03-31 |
Denied |
IFP |
8th-amendment civil-rights cruel-and-unusual-punishment cruel-unusual-punishment disciplinary-action due-process eighth-amendment excessive-force good-faith good-faith-effort law-enforcement |
1) WHETHER PETITIONER GIVE DEFENDANTS PATQ OTICE OF WHAT THE CLAIMS ARE AND THE GROUND UPON WHICH IT RESTS?
2) WHERE OFFICERS VIOLATE THE RULE ANNOUN… |
| 21-7485 |
Terrell Staton v. Ned Lamont |
Second Circuit |
2022-03-29 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights disciplinary-report due-process eighth-amendment grievance-procedure judicial-discretion legal-access malicious-interference procedural-restrictions retaliation |
1. DID C.C.T. NOTHE EXPOSE THE PLAINTIFF TO DANGEROUS LIVINE HIS MASK APPROPRIATELY ? AS WELL AS MULTIPLE DEFENDANTS).
2. DID C.C.T. NOTHE ABUSE HIS … |
| 21-7457 |
Gregory Wynn v. Alabama |
Alabama |
2022-03-24 |
Denied |
IFP |
criminal-rehabilitation cruel-and-unusual-punishment eighth-amendment juvenile-offender juvenile-offenders life-sentence life-without-parole rehabilitation sentencing sentencing-proportionality |
Whether, in light of the uncontroverted evidence of Gregory Wynn's potential for maturity and positive change as an adult, his sentence of life impris… |
| 21-7461 |
Antonio D. Rooks-Byrd v. Nebraska |
Nebraska |
2022-03-24 |
Denied |
Response WaivedIFP |
amendment-violation constitutional-rights due-process eighth-amendment equal-protection fourteenth-amendment legal-procedure plea-agreement sixth-amendment speedy-trial |
1) Do the Fifth, Sixth, Eighth and Fourteenth Amendment's
under the U.S. Constitution apply for Sixth Month Speedy
Trial violation?
2) Do the Sixth… |
| 21-1285 |
M & N Financing Corporation, et al. v. Department of Fair Employment and Housing |
California |
2022-03-23 |
Denied |
Response Waived |
civil-rights civil-rights-statute constitutional-excessiveness eighth-amendment excessive-fines gender-discrimination penalty-damages small-business small-business-liability state-statute |
In an action for alleged gender discrimination in violation of a state civil rights statute, is an award of more than $6 million in penalty damages ag… |
| 21-7435 |
Ronell Williams v. Kansas |
Kansas |
2022-03-22 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-interpretation discretionary-sentencing jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion youth-characteristics |
Does this Court's decision in Jones v. Mississippi, 593 U. S. ___, ___, 141 S. Ct. 1307, 1320, 209 L. Ed. 2d 390 (2021) mandate that states must stric… |
| 21-7423 |
Delbert Keyes v. Mississippi |
Mississippi |
2022-03-21 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus sentencing |
Question not identified. |
| 21-1268 |
Joe Clarence Smith, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-03-18 |
Denied |
|
14th-amendment 42-usc-1983 8th-amendment civil-rights cruel-and-unusual-punishment death-penalty death-row eighth-amendment habeas-relief method-of-execution section-1983 |
1. Whether Mr. Smith's method-of-execution challenge is cognizable under 42 U.S.C. § 1983.
2. Whether a method of execution involving 44 years of mos… |
| 21-7401 |
Harold Edwards v. Nevada, et al. |
Ninth Circuit |
2022-03-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment habitual-sentence liberty-interest sixth-amendment state-court state-procedure |
1. Did The State/ District Court Judge's Failure To Abide By Nevada's State Procedural Law Violate My Constitutionally Protected Liberty Interest Unde… |
| 21-7345 |
David Wayne Aring v. United States |
Eleventh Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
child-pornography circuit-split due-process eighth-amendment first-time-offender judicial-discretion sentencing sentencing-guidelines supervised-release |
QUESTION ONE
Whether in the exercise of its supervisory jurisdiction over the United States
Courts, this Court should correct the correctable injustic… |
| 21-7303 |
Edward Pinchon v. Raymond Byrd, Warden |
Sixth Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus juvenile-offenders juvenile-sentencing life-imprisonment mandatory-sentencing miller-precedent |
At age 17, Edward Pinchon was convicted of first-degree murder for the killing of a middle-aged man who was sexually abusing him. Tennessee law mandat… |
| 21-7288 |
Rolandis Larenzo Chatmon v. Dexter Payne, Director, Arkansas Division of Correction, et al. |
Eighth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights due-process eighth-amendment excessive-force inmate-treatment prison prison-policy standing |
1.) Has the U.S. Court of Appeals for the Eighth Circuit created a harmful
precedent that would establish that an officer/ prison guard could give a c… |
| 21-7250 |
Michael Ray Fortuna v. Robert Hudgins, Warden, et al. |
Fourth Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation cruel-and-unusual-punishment cruel-punishment disability-accommodations due-process eighth-amendment inmate-safety isolation-conditions medical-neglect prison-conditions prisoner-rights |
Question not identified. |
| 21-7232 |
Lance Reberger v. Michael Koehn, et al. |
Ninth Circuit |
2022-03-01 |
Denied |
IFP |
8th-amendment civil-rights constitutional-protections cruel-and-unusual-punishment due-process eighth-amendment medical-care medical-treatment prison prison-medical-care prisoner-rights qualified-immunity |
Are all U.S. prison officials required to provide all prisoners with healing spiritual medication for epilepsy, to prevent seizures that cause death?
… |
| 21-1173 |
Joe Elton Nixon v. Florida |
Florida |
2022-02-24 |
Denied |
Amici (1) |
and whether Florida's burden of proof for intelle atkins-v-virginia burden-of-proof capital-punishment constitutional-law eighth-amendment fourteenth-amendment intellectual-disability teague-rule teague-v-lane |
1. In Atkins v. Virginia , 536 U.S. 304 (2002), this Court held that the Eighth and Fourteenth Amendments preclude the execution of defendants with in… |
| 21-7185 |
Brian Arthur Tate v. Lawrence J. Hogan, Jr., Governor of Maryland, et al. |
Maryland |
2022-02-23 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights due-process eighth-amendment juvenile-offender juvenile-offenders liberty-interest parole parole-hearing sentencing-procedure |
Whether the Eighth Amendment of the United States Constitution, applicable to the States through the Fourteenth Amendment, extends beyond a juvenile o… |
| 21-7082 |
William Speer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-02-09 |
Denied |
IFP |
capital-punishment capital-sentencing double-edged-evidence eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence sixth-amendment strickland-standard strickland-v-washington |
In federal habeas proceedings, Petitioner William Speer presented a claim of
ineffective assistance of trial counsel for failure to investigate and pr… |
| 21-7088 |
Selbourne Waite v. United States |
Second Circuit |
2022-02-09 |
GVR |
Relisted (2)IFP |
18-usc-924c aiding-and-abetting attempted-robbery crime-of-violence criminal-procedure eighth-amendment hobbs-act sentencing-enhancement |
Whether attempted Hobbs Act robbery, which may be completed through an
attempted threat alone, see 18 U.S.C. § 1951(a), and aiding and abetting a Hobb… |
| 21-7052 |
Lewis Taylor, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-02-03 |
Denied |
Response WaivedIFP |
eighth-amendment graham-v-florida juvenile-offenders juvenile-sentencing meaningful-opportunity parole parole-eligibility rehabilitation-consideration sentencing solem-v-helm |
Whether, given the rarity of the grant of parole in Florida and Florida's failure to take a juvenile offender's maturity and rehabilitation adequately… |
| 21-1075 |
Mandy England, in Her Individual Capacity v. Annissa Colson |
Sixth Circuit |
2022-02-03 |
Denied |
Response Waived |
civil-rights clearly-established constitutional-rights correctional-officer due-process eighth-amendment inmate-treatment medical-determination medical-treatment qualified-immunity |
1. Whether a correctional officer violated a constitutional right of an inmate for not requesting further treatment for a non-life-threatening injury … |
| 21-1065 |
Dennis Wayne Hope v. Todd Harris, et al. |
Fifth Circuit |
2022-02-01 |
Denied |
Amici (4)Response RequestedResponse WaivedRelisted (3) |
constitutional-protections cruel-and-unusual-punishment due-process eighth-amendment judicial-review mental-health physical-health prison-conditions prisoner-rights review-procedures solitary-confinement |
Whether decades of solitary confinement can, under some circumstances, violate the Eighth Amendment, as at least five circuits have held, or whether s… |
| 21-7023 |
Toni Marie Rambo v. Texas |
Texas |
2022-02-01 |
Denied |
IFP |
civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing |
DOES THE SENTENCE IMPOSED ON MRS. RAMBO CONSTITUTE CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF HIS EIGHTH AMENDMENT RIGHTS? |
| 21-7039 |
Andrew Sasser v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2022-02-01 |
Denied |
Relisted (3)IFP |
28-usc-2244 adaptive-skills circuit-split death-penalty eighth-amendment habeas-corpus intellectual-disability remand second-or-successive second-or-successive-application |
1. Whether amending a petition for writ of habeas corpus after a remand by
an appellate court makes it a second-or-successive application under
28 U.S… |
| 21-6997 |
Luke Waine Caines, Jr. v. M. Interian |
Ninth Circuit |
2022-01-28 |
Denied |
Response WaivedIFP |
court-of-appeals deliberate-indifference eighth-amendment medical-needs prisoner-rights substantial-injury substantial-risk substantial-risk-of-harm wood-v-housewright |
1). WHETHER DELIBERATE INDIFFERENCE SHOULD BE ANALYZED UNDER THE BALANCING FRAME WORK
3F THE SUBSTANTIAL RISK OF HARM TEST ANNOUNCED BY THIS COURT RA… |
| 21-6979 |
Andrew J. Johnston v. United States |
Seventh Circuit |
2022-01-27 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation |
Question not identified. |
| 21-6878 |
Ronald Cox v. Benjie Nobles, Deputy Warden, et al. |
Eleventh Circuit |
2022-01-18 |
Denied |
Amici (1)Response WaivedIFP |
civil-rights deliberate-indifference eighth-amendment prea-regulations prison-rape-elimination-act qualified-immunity transgender transgender-vulnerability |
Should the requirements of the Prison Rape Elimination Act, 34 U.S.C. §§ 30301 et seq. and PREA regulations be followed to protect the vulnerability o… |
| 21-6827 |
Ryan Thomas Pick v. Virginia |
Virginia |
2022-01-12 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process eighth-amendment electronic-surveillance fifth-amendment fourth-amendment free-speech miranda-rights search-and-seizure sixth-amendment standing |
1. Are citizen's Fourth Amendment rights impinged and Electronic Communication and Privacy Act statutes violated when police intercept private electro… |
| 21-6818 |
Arron Lawson v. Ohio |
Ohio |
2022-01-11 |
Denied |
IFP |
5th-amendment 8th-amendment capital-offenses competency competency-evaluation constitutional-rights criminal-procedure death-penalty due-process eighth-amendment fifth-amendment state-court-proceedings |
Does a state Court proceeding resulting in a sentence of death violate the Fifth and Eighth Amendments to the Constitution of the United States when t… |
| 21-6719 |
N. R. v. Kansas |
Kansas |
2021-12-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights due-process eighth-amendment ex-post-facto juvenile-adjudication juvenile-justice retroactive-application retroactive-law sex-offender-registration |
1. Do the Ex Post Facto Clause and Eighth Amendment permit a state to retroactively impose registration obligations on a person who was adjudicated of… |
| 21-6632 |
Charles Dalton Shoemake v. Mississippi |
Mississippi |
2021-12-16 |
Denied |
Response WaivedIFP |
criminal-sentencing cruel-and-unusual-punishment eighth-amendment exemplary-prison-record juvenile-sentencing life-with-parole proportionality rehabilitation |
Given his exemplary prison record and demonstrated rehabilitation, whether Charles Dalton Shoemake's life-with-parole sentence imposed for a crime he … |
| 21-6566 |
Steven Craig Bethea v. United States |
Fourth Circuit |
2021-12-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-review criminal-sentencing discretion eighth-amendment judicial-abuse sentencing sentencing-discretion substantive-reasonableness upward-variance |
WHETHER THE DISTRICT COURT ERRED IN SENTENCING THE APPELLANT STEVEN BETHEA TO A GREATER SENTENCE THAN NECESSARY AS THE COURT ABUSED ITS DISCRETION BY … |
| 21-6504 |
Edward JoRodge Gladney v. United States |
Ninth Circuit |
2021-12-03 |
Denied |
Response WaivedIFP |
circuit-court-review civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment precedent-interpretation prison-conditions prison-safety prisoner-rights sexual-assault |
(1) Did the Circuit Court err by contradicting this Court's precedent in Farmer v. Brennan by ruling Petitioner was obliged to show an individualized … |
| 21-6473 |
Michael Stumph v. Ohio |
Ohio |
2021-12-02 |
Denied |
Amici (1)Response WaivedIFP |
Appellate-Review Cruel-and-Unusual-Punishment Due-Process eighth-amendment Equal-Protection fourteenth-amendment Procedural-Due-Process sentencing-discretion |
Whether Ohio Revised Code § 2953.08(D)(3) violates the prohibition against cruel and unusual punishment under the Eighth Amendment to the United State… |
| 21-6455 |
Anthony Pretty On Top v. United States |
Ninth Circuit |
2021-12-01 |
Denied |
Response WaivedIFP |
amendment-violation appellate-review constitutional-rights district-court due-process eighth-amendment fifth-amendment fourteenth-amendment legal-standard |
WHETHER THE COURT ERRED IN AFFIRMING THE DISTRICT COURT'S DECISION THAT PETITIONER'S FIFTH, EIGHTH, AND FOURTEENTH AMENDMENT RIGHTS WERE NOT VIOLATED? |
| 21-6429 |
Randall T. Deviney v. Florida |
Florida |
2021-11-24 |
Denied |
IFP |
aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing criminal-procedure due-process eighth-amendment fourteenth-amendment functional-elements hurst-v-florida ring-v-arizona |
I. The Due Process Clause requires the existence of an element of a crime to be determined beyond a reasonable doubt. See Apprendi v. New Jersey, 530 … |
| 21-782 |
Rodney Renia Young v. Georgia |
Georgia |
2021-11-24 |
Denied |
Amici (4) |
burden-of-proof capital-punishment constitutional-rights due-process eighth-amendment intellectual-disability state-law |
Georgia requires persons with intellectual disability to prove their disability 'beyond a reasonable doubt' in order to vindicate their Eighth Amendme… |
| 21-6387 |
Richard Barry Randolph v. Florida |
Florida |
2021-11-23 |
Denied |
IFP |
apprendi-v-new-jersey capital-sentencing constitutional-interpretation criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment retroactive-law statutory-construction |
1. Whether the Florida Supreme Court's decision in Hurst v. State constitutes statutory construction of substantive law, and if so, whether the Due Pr… |
| 21-6356 |
Felipe Nieves-Perez v. Texas |
Texas |
2021-11-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process eighth-amendment indictment life-sentence motion-to-quash right-to-due-process trial-court |
I. DID THE TRIAL COURT VIOLATE MR. NIEVES-PEREZ'S RIGHT TO DUE PROCESS BY DENYING HIS MOTION TO QUASH THE INDICTMENT?
II. DOES THE LIFE SENTENCE IMPO… |
| 21-6328 |
Scottie D. Allen v. Florida |
Florida |
2021-11-18 |
Denied |
IFP |
capital-sentencing criminal-procedure due-process eighth-amendment jury-instructions reasonable-doubt sentencing standard-of-proof |
I. Whether the Florida Supreme Court's rejection of Petitioner's claim of error based on the jury being affirmatively misinformed about its role in th… |
| 21-6307 |
Donald James Smith v. Florida |
Florida |
2021-11-17 |
Denied |
IFP |
capital-case capital-punishment criminal-procedure due-process eighth-amendment fair-trial penalty-phase prosecutorial-misconduct sixth-amendment victim-impact |
Was petitioner's right to a fair "penalty phase" trial violated when the prosecutor told the jurors, during closing arguments in the guilt phase, that… |
| 21-6293 |
Roy Bolinger v. Texas |
Texas |
2021-11-16 |
Denied |
IFP |
collateral-attack cruel-and-unusual-punishment due-process eighth-amendment ineffective-assistance-of-counsel right-to-counsel victim-allocution |
1. Bolinger raised an ineffective assistance of counsel claim
on direct appeal. The Texas court of appeals concluded that,
without counsel's explain… |
| 21-6271 |
Austin Myers v. Ohio |
Ohio |
2021-11-15 |
Denied |
IFP |
access-to-courts criminal-procedure death-penalty discovery due-process eighth-amendment fourteenth-amendment ineffective-assistance-of-counsel postconviction postconviction-relief summary-dismissal |
I. Do the Ohio state courts deny a death-sentenced postconviction petitioner's rights to due process, access to the Ohio courts, and an adequate corre… |
| 21-6279 |
Jquan Leearthur McInnis v. Minnesota |
Minnesota |
2021-11-15 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama roper-v-simmons sentencing sentencing-discretion |
Whether sentencing a juvenile to two consecutive homicide sentences of life-with-the possibility-of-release after thirty years, the functional equival… |
| 21-6257 |
Jevon Dion Jackson v. Wisconsin |
Wisconsin |
2021-11-12 |
Denied |
Response WaivedIFP |
as-applied-challenge eddings-v-oklahoma eighth-amendment juvenile-sentencing life-without-parole miller-rule miller-v-alabama proportionality proportionality-review youth-mitigation |
1. Whether a sentencing court adequately considers the mitigating aspects of youth where it considers at least some of those aspects to be aggravating… |
| 21-695 |
Bennie Anderson v. New Jersey |
New Jersey |
2021-11-12 |
Denied |
Response Waived |
constitutional-scrutiny eighth-amendment excessive-fines excessive-fines-clause national-importance pension-seizure public-pensions punitive-forfeiture punitive-forfeitures state-action |
Can a state insulate its punitive forfeitures from federal constitutional scrutiny by limiting the definition of what constitutes a "fine" for purpose… |
| 21-6235 |
Brandon Marquis Jennings v. United States |
Fourth Circuit |
2021-11-10 |
Denied |
Response WaivedIFP |
appellate-review due-process eighth-amendment life-sentence miller-v-alabama presumption-of-reasonableness reasonableness-standard sentencing sentencing-guidelines |
WHETHER THE APPELLATE REVIEW FOR REASONABLENESS OF A LIFE SENTENCE LACKS SUFFICIENT SCRUTINY. THE CIRCUIT COURT'S APPLICATION OF PRESUMED REASONABLENE… |
| 21-6204 |
Antonio A. Tankes v. Florida |
Florida |
2021-11-05 |
Denied |
Response WaivedIFP |
armed-career-criminal-act civil-procedure civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment free-speech retroactive-application sentencing-enhancement standing |
Question not identified. |
| 21-6206 |
Joel Barcelona v. Sergeant Parish, et al. |
Eleventh Circuit |
2021-11-05 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure cruel-unusual-punishment deliberate-indifference due-process eighth-amendment juvenile-sentencing life-threatening life-without-parole medical-treatment refusal-of-care |
Question not identified. |
| 21-655 |
Max Ray Butler v. S. Porter, et al. |
Fifth Circuit |
2021-11-03 |
Denied |
Response WaivedRelisted (2) |
adequate-medical-care bivens bivens-remedy civil-rights constitutional-rights eighth-amendment federal-courts federal-prisoner federal-prisoners medical-care |
In Carlson v. Green, 446 U.S. 14 (1980), the Court recognized a remedy under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.… |
| 21-6093 |
Jeffrey D. Leiser v. Karl Hoffmann, et al. |
Seventh Circuit |
2021-10-27 |
Denied |
IFP |
8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference eighth-amendment inmate-rights medical-treatment summary-judgment wanton-suffering |
Did the District Court and Seventh Circuit Court of Appeals misapplied the legal presidents that 46 days of severe "unnecessary inflict of wanton pain… |
| 21-6065 |
Michael Belcher v. Alabama |
Alabama |
2021-10-26 |
Denied |
IFP |
capital-murder due-process eighth-amendment fair-trial fourteenth-amendment post-mortem-photographs prejudice-analysis prejudicial-evidence |
In a capital case, does the admission, without an analysis of the risk of prejudice, of over 40 gruesome photographs of the victim's body, depicting p… |
| 21-6022 |
In Re Robert L. Hedrick |
|
2021-10-21 |
Dismissed |
Response WaivedRelisted (2)IFP |
access-to-courts bureau-of-prisons civil-procedure deliberate-indifference due-process eighth-amendment frivolous plausible-claim rule-8 standing |
Did the Court Error in ruling that "the complaint failed to comply with Federal Rule of Civil Procedure 8(a)?
2. Did the Court Error in ruling that t… |
| 21-579 |
Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2021-10-20 |
Denied |
|
accomplice-liability burden-of-proof capital-sentencing constitutional-rights due-process eighth-amendment fourteenth-amendment jury-instructions jury-trial sixth-amendment specific-intent |
1. Under Waddington v. Sar ausad, 555 U.S. 179 (2009), when a conviction requires that the State prove beyond a reasonable doubt that the defendant ha… |
| 21-563 |
Warren M. Lent, et al. v. California Coastal Commission, et al. |
California |
2021-10-18 |
Denied |
Amici (4) |
administrative-law administrative-penalty administrative-procedure civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment property-rights takings |
In 2002, Petitioners Warren and Henny Lent bought a beachfront home in Malibu, California. Along the house's east side, prior owners had long ago inst… |
| 21-5995 |
Christopher Emory Cramer v. United States |
Fifth Circuit |
2021-10-18 |
Denied |
IFP |
appellate-procedure conference-in-chambers due-process eighth-amendment federal-rule federal-rule-of-appellate-procedure-10(c) federal-rules-of-criminal-procedure-43 fifth-amendment judicial-proceeding record-completion record-on-appeal sixth-amendment |
I. Whether an unrecorded conference in chambers is a "hearing or trial," or "proceeding," under Federal Rule of Appellate Procedure 10(c) such that a … |
| 21-5944 |
Casey Ray Culp v. United States |
Ninth Circuit |
2021-10-12 |
Denied |
Response WaivedIFP |
criminal-justice cruel-and-unusual-punishment due-process eighth-amendment reform sentencing |
1. Whether a guideline sentence of seventy-five months imprisonment violates the Eighth Amendment prohibition on cruel and unusual punishment in the c… |
| 21-5860 |
Antonio Franklin v. Tim Shoop, Warden |
Sixth Circuit |
2021-10-05 |
Denied |
IFP |
appellate-process cruel-and-unusual-punishment due-process eighth-amendment equal-protection final-judgment-rule fourteenth-amendment ineffective-counsel judicial-dereliction |
1. Though completely forsaken by the protections of the Sixth Amendment by the time
ive at the federal appellate courts, does either the Eighth or sta… |
| 21-5900 |
Justin Anderson v. Arkansas |
Arkansas |
2021-10-05 |
Denied |
IFP |
8th-amendment capital-case constitutional-rights criminal-sentencing due-process eighth-amendment prior-offense resentencing sentencing victim-impact victim-impact-evidence |
1. Whether the Eighth Amendment permits a State to present victim-impact evidence arising from a crime other than the murder for which the defendant i… |
| 21-5854 |
Ernest Johnson v. Paul Blair, Warden |
Missouri |
2021-10-04 |
Denied |
Amici (1)IFP |
adaptive-deficits atkins-v-virginia causal-connection eighth-amendment intellectual-disability moore-v-texas |
The State of Missouri is set to execute an individual whom every evaluating expert following clinical diagnostic requirements has concluded meets the … |
| 21-5825 |
Raqib Abdul Al-Amin v. South Carolina |
South Carolina |
2021-09-29 |
Denied |
IFP |
compulsory-process constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment drug-offense due-process eighth-amendment evidence expert-witness mandatory-minimum sentencing-guidelines |
Whether the South Carolina Supreme Court error to akfirm the trial Coust's suling where the trial Court was convinced by the Sthte's 'thired-party gui… |
| 21-466 |
Eric DeWayne Cathey v. Texas |
Texas |
2021-09-28 |
Denied |
Amici (1) |
capital-punishment death-penalty eighth-amendment fourteenth-amendment intellectual-disability medical-criteria medical-standards precedent supreme-court-precedent |
Whether, in rejecting the detailed factfindings and legal conclusions of a state habeas trial court, disregarding medically accepted standards, and de… |
| 21-5784 |
Joe Vonzo Readon v. United States |
Eleventh Circuit |
2021-09-28 |
Denied |
Response WaivedIFP |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation |
Question not identified. |
| 21-5792 |
Karl Roye v. United States |
Second Circuit |
2021-09-28 |
Denied |
Response WaivedIFP |
8th-amendment 8th-amendment-violation constitutional-law criminal-procedure eighth-amendment juvenile-sentencing life-without-parole mandatory-life-without-parole miller-v-alabama sentencing |
Whether the Second Circuit erred, in violation of the Eighth Amendment, when it concluded that Miller v. Alabama, 567 U.S. 460 (2012) condoned the imp… |
| 21-5759 |
Kevin Hall v. Kul Sood, et al. |
Seventh Circuit |
2021-09-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights deliberate-indifference eighth-amendment medical-treatment prison-healthcare supervisory-power wexford-health-sources |
Did prison medical professionals, and the prison's healthcare contractor, Wexford Health Sources Inc., through a course of easier and less "effecaciou… |
| 21-5713 |
Kirk Johnson, aka Qabail Hizbullah-Ankh-Amon v. New York |
New York |
2021-09-21 |
Denied |
IFP |
civil-rights due-process eighth-amendment federal-constitutional-law functional-equivalent-life-sentence juvenile-sentencing miller-standard retroactive-effect retroactivity state-collateral-review teague-framework |
Jurisdiction and- the-Teague-Standard: 1 .
Does the Court have t*fie power to review a State Collateral Review
Court 's failure to give Retroactive E… |
| 21-399 |
Chester Lee Reneau v. Mary Cardinas, et al. |
Tenth Circuit |
2021-09-14 |
Denied |
Response Waived |
cruel-and-unusual-punishment deliberate-indifference eighth-amendment medical-negligence prisoner-rights serious-medical-needs seventh-amendment summary-judgment |
Can prison doctors violate the Eighth Amendment by exposing prisoner's to the "unnecessary and wanton" infliction of pain? And, does the Constitution … |
| 21-5513 |
Christopher Seckington v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-08-30 |
Denied |
Response WaivedRelisted (2)IFP |
chapman-v-united-states constitutional-law cruel-and-unusual-punishment drug-trafficking eighth-amendment ineffective-assistance sentencing sentencing-guidelines sixth-amendment urine-testing |
Question 1:
What must a Defendant show in order to demonstrate an Eighth Amendment violation where
Petitioner was sentenced to in essence life for pos… |
| 21-5498 |
Raymond Concepcion v. Massachusetts |
Massachusetts |
2021-08-27 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment intellectual-disability juvenile-court juvenile-justice mandatory-sentencing miller-v-alabama proportionality youth youth-culpability |
1. Whether the mandatory exclusion of murder defendants between the ages of 14 and 18 from Juvenile Court precludes individualized consideration of th… |
| 21-5491 |
Alton Alexander Nolen v. Oklahoma |
Oklahoma |
2021-08-26 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure death-penalty due-process eighth-amendment intellectual-disability mental-retardation |
Whether Oklahoma's procedure for litigating the issue of whether a capital defendant suffers from an intellectual disability that would disqualify him… |
| 21-5444 |
In Re Calvin James |
|
2021-08-23 |
Denied |
Response WaivedIFP |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation |
Question not identified. |
| 21-5391 |
Jermontae Moss v. Georgia |
Georgia |
2021-08-17 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure cruel-and-unusual-punishment family-violence felony-murder juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama mitigating-factors sentencing sentencing-discretion |
Does a court violate Miller when it refuses to consider childhood trauma as mitigating when sentencing a child to life without parole? |
| 21-5378 |
Anthony Kirkland v. Ohio |
Ohio |
2021-08-16 |
Denied |
IFP |
appellate-counsel appellate-procedure capital-punishment constitutional-rights due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
I. Is a capital sentence invalid, and imposed in violation of the capital defendant's constitutional rights, when during the final closing argument ad… |
| 21-5366 |
Abram K. Sollman v. Nebraska |
Nebraska |
2021-08-13 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment hearsay-evidence witness-testimony |
I.
WHETHER OR NOT THE NEBRASKA COURTS RELIANCE ON A WITNESS
STATEMENTS (Sean Nowling) INDUCED THE STATE'S (Respondent)
CASE-IN-CHIEF VIA ERRONEOUS OR … |
| 21-5356 |
Joel Dale Wright v. Florida |
Florida |
2021-08-12 |
Denied |
IFP |
death-penalty due-process eighth-amendment fourteenth-amendment procedural-law retroactivity statutory-construction substantive-law |
1. Whether the Florida Supreme Court's statutory construction in Hurst v. State constitutes substantive law, and if so, whether the Due Process Clause… |
| 21-189 |
Patrick Okey v. Pennsylvania |
Pennsylvania |
2021-08-10 |
Denied |
Response Waived |
and Fourteenth Amendments and whether the Commonw Eighth constitutional-challenge due-process eighth-amendment fourteenth-amendment laches laches-doctrine sixth-amendment speedy-trial |
1. Whether Speedy trial Rule( 600) is protected by due
of law of the Sixth Amendment; Eighth Amendment
Fourtheeth Amendment:-section 1, of the United… |
| 21-5305 |
Alejandro Rosales-Gonzalez v. United States |
Eleventh Circuit |
2021-08-05 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2)IFP |
ability-to-pay circuit-split constitutional-consideration constitutional-law criminal-fines eighth-amendment excessive-fines excessive-fines-clause fine-assessment indigent-defendant judicial-discretion |
Anyone can go to prison, but not everyone can pay a fine. The district court here imposed a $4,000 fine against Mr. Rosales-Gonzalez, an indigent, non… |
| 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.… |
| 21-5209 |
Cynthia E. Collie v. South Carolina Commission on Lawyer Conduct |
South Carolina |
2021-07-26 |
Denied |
IFP |
civil-procedure constitutional-law due-process eighth-amendment fifth-amendment first-amendment fourteenth-amendment judicial-procedure standing |
1. Whether this Court should grant writ of certiorari where no other review is available with stay pending review to address the state court of last r… |
| 21-5149 |
Leobardo Barraza v. United States |
Eighth Circuit |
2021-07-21 |
Denied |
Response WaivedIFP |
eighth-amendment irreparable-corruption juvenile-sentencing miller-v-alabama plain-error sentencing-guidelines |
In view of the foregoing, this petition presents this issue:
Whether a federal court commits plain error by anchoring a sentence for a juvenile's cri… |
| 21-71 |
Washington County, Utah v. Martin Crowson |
Tenth Circuit |
2021-07-20 |
Denied |
Response Waived |
deliberate-indifference eighth-amendment inmate-medical-care municipal-liability section-1983 supreme-court-precedents |
Whether a municipal government can be liable under the Eighth Amendment of the United States Constitution for a denial of inmate medical care under § … |
| 21-64 |
Danny James McLaughlin v. United States |
Eleventh Circuit |
2021-07-16 |
Denied |
Response Waived |
appellate-review bajakajian-factors criminal-fine criminal-fines eighth-amendment eighth-amendment-challenge excessive-fine judicial-review proportionality united-states-v-bajakajian |
When deciding whether a criminal fine is disproportionate to the gravity of a defendant's crime, and thereby unconstitutional under the Eighth Amendme… |
| 21-5101 |
Giuseppe Viola, aka Joseph John Viola v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-07-14 |
Denied |
Response WaivedRelisted (2)IFP |
cares-act conditions-of-confinement criminal-law eighth-amendment federal-jurisdiction habeas-corpus restitution section-2241 supervised-release |
1) Whether jurisdiction exists for presentation of grounds for relief from all custody under § 2241, challenging conditions of confinement, where conc… |
| 21-5108 |
Victor Willis v. Illinois |
Illinois |
2021-07-14 |
Denied |
IFP |
8th-amendment civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability juvenile-sentencing life-without-parole |
Question not identified. |
| 21-5066 |
Aquabeus Moore v. United States |
Fourth Circuit |
2021-07-09 |
Denied |
IFP |
14th-amendment 8th-amendment 924(c)-enhancement crime-of-violence eighth-amendment equal-protection first-step-act fourteenth-amendment hobbs-act hobbs-act-robbery |
Whether Petitioner's conviction of Hobbs Act Robbery constitutes a "crime of violence" considering new case law and the passage of the First Step Act?… |
| 21-5041 |
Kosoul Chanthakoummane v. Texas |
Texas |
2021-07-08 |
Denied |
IFP |
constitutional-rights criminal-defense criminal-procedure due-process eighth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-procedure |
Whether Mr. Chanthakoummane is entitled to a new trial because trial counsel ignored his unequivocal direction to challenge his guilt during the culpa… |
| 21-5048 |
Wesley Lynn Ruiz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-08 |
Denied |
IFP |
capital-punishment capital-sentencing certificate-of-appealability due-process eighth-amendment expert-testimony expert-witness false-testimony prosecutorial-misconduct |
Under the Due Process clause, and the Eighth Amendment, should the prosecution be held responsible for the presentation of false expert testimony on a… |
| 20-8375 |
Luisa M. Liberto, et al. v. Geisinger Hospital, et al. |
Third Circuit |
2021-06-22 |
Denied |
Response WaivedIFP |
americans-with-disabilities-act civil-rights cruel-and-unusual-punishment discrimination eighth-amendment harassment title-vii viii-amendment wrongful-termination |
Due to his intellectual disabilities, Jeffrey Liberto was banned from his volunteering
position at Geisinger Hospital, without explanation, and preve… |
| 20-8333 |
Carman Deck v. Paul Blair, Warden, et al. |
Eighth Circuit |
2021-06-17 |
Denied |
IFP |
delay eighth-amendment fourteenth-amendment mitigation resentencing sixth-amendment |
This Court is familiar with Mr. Deck, having reversed his second death sentences due to state action that occurred over Mr. Deck's objection. Three ye… |
| 20-8341 |
Jonathan Huey Lawrence v. Florida |
Florida |
2021-06-17 |
Denied |
IFP |
capital-sentencing due-process eighth-amendment equal-protection fourteenth-amendment proffitt-v-florida proportionality-review pulley-v-harris |
In the decision below, the Florida Supreme Court held that maintaining conformity with this Court's Eighth Amendment jurisprudence required eliminatin… |
| 20-1752 |
Devar Hurd v. Stacey Fredenburgh |
Second Circuit |
2021-06-16 |
Denied |
Amici (1) |
civil-rights constitutional-deprivation due-process eighth-amendment fourteenth-amendment liberty-interest prolonged-incarceration qualified-immunity |
1. Whether prolonged incarceration past a statutorily-mandated release date is an objectively serious deprivation under clearly established Eighth Ame… |
| 20-1728 |
Rico Sanders v. Dylon Radtke, Warden |
Seventh Circuit |
2021-06-14 |
Denied |
Response Waived |
criminal-procedure eighth-amendment juvenile-sentencing juvenile-status life-sentence mitigating-factor parole sentencing sentencing-guidelines |
Whether this Court's Eighth Amendment precedent clearly establishes that a sentencing court must consider a defendant's juvenile status as a mitigatin… |
| 20-1697 |
Alice Kimble v. United States |
Federal Circuit |
2021-06-09 |
Denied |
Response Waived |
8th-amendment eighth-amendment excessive-fine fbar foreign-bank-account-report statutory-interpretation tax-evasion tax-penalty willful-violation willfulness |
1. Did the Court err in holding that Alice acted
willfully, despite the lack of proof either that she had
knowledge of the requirement to file an FBAR… |
| 20-8253 |
Blaine Keith Milam v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-06-08 |
Denied |
IFP |
28-usc-2244 8th-amendment constitutional-interpretation due-process eighth-amendment federal-review habeas-corpus intellectual-disability statutory-limitation suspension-clause |
1. Can 28 U.S.C. § 2244(b) be constitutionally interpreted to bar first-time federal habeas corpus merits review of an Eighth Amendment claim of intel… |
| 20-8208 |
Ashanti Lusby v. Illinois |
Illinois |
2021-06-02 |
Denied |
Response WaivedIFP |
eighth-amendment juvenile-sentencing life-without-parole miller-factors miller-v-alabama montgomery-v-louisiana retroactive-application retroactivity sentencing-hearing |
In Jones v. Mississippi, No. 18-1259, __U.S.__, 141 S.Ct. 1307, 1314-15 (2021), this Court reaffirmed, when reviewing a post-Miller sentencing hearing… |
| 20-8062 |
Erold Martin Panopio v. United States |
Eleventh Circuit |
2021-05-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-justice criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing sentencing sentencing-reform supervised-release youthful-offender youthful-offenders |
I. WHETHER A NEAR TWENTY YEAR PRISON SENTENCE FOLLOWED BY A FIFTEEN YEAR TERM OF SUPERVISED RELEASE FOR A YOUTHFUL OFFENDER SUCH AS PANOPIO VIOLATES T… |
| 20-8039 |
Matthew J. O'Neal v. United States |
Sixth Circuit |
2021-05-17 |
Denied |
Response WaivedRelisted (2)IFP |
child-pornography criminal-law eighth-amendment mandatory-minimum sentencing sentencing-enhancement sexual-abuse statutory-interpretation |
Whether the Sixth Circuit erred by expanding the scope of the "relating to" language in 18 U.S.C. §2252A(b)(2) to include conduct under a state statut… |
| 20-8043 |
Carl Wayne Buntion v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-05-17 |
Denied |
IFP |
arbitrary capital-punishment cruel-and-unusual-punishment death-penalty deterrence eighth-amendment retribution |
If neither of the two purposes this Court has deemed to be a legitimate purpose for the death penalty —i.e. , retribution and deterrence— would be ser… |
| 20-7988 |
Robert Allen Poyson v. Arizona |
Arizona |
2021-05-11 |
Denied |
IFP |
aggravating-factors capital-sentencing causal-nexus constitutional-review death-penalty eighth-amendment individualized-sentencing mitigation-evidence non-statutory-mitigation |
1. Is the individualized capital sentencing requirement guaranteed by the
Eighth Amendment violated when a State—whether by statute or court-
imposed … |
| 20-7913 |
Dallas Jerome Wims v. United States |
Eleventh Circuit |
2021-05-04 |
Denied |
Response WaivedIFP |
armed-career-criminal-act controlled-substance-act eighth-amendment first-step-act sentencing serious-drug-offense |
1. WHETHER THE FIRST STEP ACT'S AMENDMENT REDEFINING "SERIOUS DRUG OFFENSE" FOR PURPOSES OF AN ENHANCEMENT FOR VIOLATIONS OF THE CONTROLLED SUBSTANCE … |
| 20-7840 |
Thomas Robert Lane v. Alabama |
Alabama |
2021-04-26 |
Denied |
IFP |
capital-case constitutional-rights criminal-procedure due-process eighth-amendment expert-testimony fair-trial reliable-conviction reliable-sentence |
In a capital case, does the admission of expert testimony from a witness regarding a subject outside his area of expertise violate a defendant's Fifth… |
| 20-7846 |
Angel Ortiz v. Dennis Breslin, Superintendent, Queensboro Correctional Facility, et al. |
New York |
2021-04-26 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (14)IFP |
due-process eighth-amendment fourteenth-amendment homelessness housing-restrictions incarceration indigence liberty parole |
1) Does the Fourteenth Amendment prohibit prison authorities from indefinitely detaining supervisees based on an assumption that a municipality will n… |
| 20-7851 |
Luis Noel Cruz, aka Noel v. United States |
Second Circuit |
2021-04-26 |
Denied |
Response WaivedIFP |
8th-amendment contemporary-standards-of-decency criminal-procedure due-process individualized-sentencing juvenile-sentencing legislative-trends life-sentence mandatory-minimum miller-rule sentencing-discretion |
Should the protections of Miller v. Alabama, 567 U.S. 460, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012), which prohibits mandatory life sentences and req… |
| 20-7827 |
Glen D. Plourde v. Stephen C. Bellavia |
Maine |
2021-04-22 |
Denied |
IFP |
civil-rights due-process eighth-amendment equal-protection fifth-amendment fourth-amendment judicial-bias police-misconduct torture |
1. Opposing Counsel in this case was the law firm of Jabar, Laliberty, and Dubord, LLC, and lead counsel for that law firm is George Jabar, son of Jus… |
| 20-7803 |
Jonathan S. Hall v. Delaware |
Delaware |
2021-04-19 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment judicial-discretion sentencing-guidelines standing supreme-court-review takings |
All Federal and State laws are predicated on the Constitution. If laws are unconstitutional or illegal they are void. If sentenced under said law is s… |
| 20-7718 |
Deidre Antoinette Pierre v. Louisiana |
Louisiana |
2021-04-12 |
Denied |
Response WaivedIFP |
adolescent-brain-science constitutional-rights cruel-punishment eighth-amendment life-without-parole miller-mandate rs-15-574-4-d sentencing-discretion |
1. Whether the Eighth Amendment to the United States Constitution and Article I, Section 20, of the Louisiana Constitution prohibits the imposition of… |
| 20-7687 |
Ronald James Hamilton, Jr. v. Texas |
Texas |
2021-04-07 |
Denied |
IFP |
capital-murder cruel-and-unusual-punishment due-process eighth-amendment exculpatory-evidence fingerprint-evidence prosecutorial-misconduct punishment-trial witness-testimony |
I. Did the trial prosecutors deny Mr. Hamilton Due Process by failing to disclose exculpatory fingerprint comparison results relevant to an extraneous… |
| 20-7648 |
Kesner V. Joaseus, Jr. v. Florida |
Florida |
2021-04-02 |
Denied |
Response WaivedIFP |
age constitutional-law criminal-justice culpability due-process eighth-amendment fourteenth-amendment juvenile-sentencing retroactive-application retroactivity sentencing |
Whether the proportionality principle & the Eighth Amendment of the U.S. Constitution has been violated by the sentencing court's failure to take into… |
| 20-7592 |
Alan Eugene Miller v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2021-03-29 |
Denied |
IFP |
aggravating-factor aggravating-factors caldwell-v-mississippi capital-sentencing death-penalty eighth-amendment jury-instructions jury-verdict sixth-amendment |
After petitioner Alan Miller was convicted of murder, the trial judge instructed the jurors that their penalty-phase verdict was merely an advisory re… |
| 20-7581 |
Michael Hernandez v. Florida |
Florida |
2021-03-26 |
Denied |
IFP |
constitutional-rights fact-finding first-amendment judicial-discretion juvenile-sentencing life-sentence mandatory-minimum sentencing-factors sixth-amendment trial-judge |
1. Whether Florida's juvenile sentencing statute - which mandates a life sentence if a certain finding is made and prohibits that sentence when that f… |
| 20-7561 |
Melissa Pocopanni v. Florida |
Florida |
2021-03-25 |
Denied |
Response WaivedIFP |
criminal-responsibility cruel-and-unusual-punishment eighth-amendment intent-to-commit-murder juvenile-sentencing life-imprisonment second-degree-murder |
Whether a sentence of life imprisonment without the possibility of parole on a nineteen-year-old defendant convicted as a principal to second-degree m… |
| 20-7536 |
Timothy L. Coleman v. Margaret Bradshaw, Warden |
Sixth Circuit |
2021-03-23 |
Denied |
IFP |
brady-violation capital-habeas capital-punishment confessed-murderer due-process eighth-amendment habeas-corpus ineffective-assistance-of-counsel penalty-phase right-to-appeal right-to-due-process |
1. Does a federal appellate court violate a capital habeas petitioner's rights to a meaningful appeal and habeas review of a federal constitutional cl… |
| 20-1315 |
Louisiana v. Aaron G. Hauser |
Louisiana |
2021-03-23 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
irreparable-corruption juvenile-sentencing life-without-parole miller-v-alabama montgomery-miller-standard montgomery-v-louisiana rehabilitation rehabilitation-evidence sentencing-discretion |
Does a sentencing court run afoul of Montgomery and Miller by weighing the heinous facts of a juvenile's violent crime more heavily than any subsequen… |
| 20-7516 |
Josue Portillo v. United States |
Second Circuit |
2021-03-22 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment incorrigibility juvenile-justice juvenile-offenders miller-rule miller-v-alabama proportionality sentencing |
Absent proof of incorrigibility, can a district court sentence a defendant to fifty-five years imprisonment without parole for participating in a exec… |
| 20-7507 |
Christopher Faella v. United States |
Eleventh Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
18-usc-2259 appellate-rights eighth-amendment plea-agreement restitution sentencing sentencing-appeal statutory-interpretation statutory-maximum waiver |
Whether a defendant's waiver in his plea agreement of the right to appeal his sentence -- unless it exceeds the statutory maximum penalty or violated … |
| 20-7479 |
Benjamin Velayo v. Cheryl Fox, et al. |
Tenth Circuit |
2021-03-17 |
Denied |
IFP |
cruel-and-unusual-punishment death-penalty eighth-amendment mental-illness rational-understanding reasons-for-execution |
Question not identified. |
| 20-7410 |
Edward McCain v. United States |
Fourth Circuit |
2021-03-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
case-remand certiorari concurrent-sentences criminal-procedure eighth-amendment fourth-circuit-judgment jones-v-mississippi judicial-review juvenile-offenders plain-error sentencing supreme-court-procedure |
I. Whether an invalid conviction affects a criminal defendant's substantial rights and must be vacated on plain error review, irrespective of whether … |
| 20-7419 |
Kamil Johnson v. W. E. Mackelburg, Warden |
Fourth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
8-usc-2254 constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance iowa-supreme-court juvenile-sentencing miller-v-alabama post-conviction-relief |
Is whether the Iowa Court of Appeals abused its discretion in denying the habeas corpus petition based upon ineffective assistance of counsel under th… |
| 20-7397 |
William Randolph King v. Thomas Winn, Warden |
Sixth Circuit |
2021-03-09 |
Denied |
IFP |
8th-amendment brady-violation criminal-procedure dna-evidence dna-testing due-process eighth-amendment evidence-suppression prosecutorial-disclosure prosecutorial-misconduct |
Could reasonable jurists debate whether the prosecution committed a Brady violation when it failed to disclose the prior victim's pubic hair found dur… |
| 20-1236 |
Jason Avery Anderson v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2021-03-08 |
Denied |
|
as-applied-challenge constitutional-challenge cruel-and-unusual-punishment due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment sixth-amendment va-code-18.2-361 va-code-18.2-366 |
A. Is Anderson is being subjected to cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution because Va. C… |
| 20-7338 |
Foster Lee Tarver v. Josh Shapiro, Attorney General of Pennsylvania, et al. |
Third Circuit |
2021-03-05 |
Denied |
Response WaivedIFP |
due-process eighth-amendment equal-protection ex-post-facto fourteenth-amendment judicial-abuse-of-discretion juvenile-sentencing miller-v-alabama statutory-construction |
Whether the Third Circuit Court of Appeals ' Judgment, that affirmed an illegal
mandatory maximum life sentence imposed upon the Petitioner by the ar… |
| 20-7342 |
In Re Christopher Vigliotti |
|
2021-03-05 |
Denied |
IFP |
14th-amendment 8th-amendment covid-19 covid-19-risk cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment habeas-corpus prison-conditions |
SHOULD THE COURT ISSUE AN EMERGENCY WRIT OF HABEAS CORPUS REQUIRING RESPONDENT'S TO RELEASE PETITIONER DUE TO THE FACT COVID-19 AND ITS VARIANTS PRESE… |
| 20-7228 |
Leroy Pooler v. Florida |
Florida |
2021-02-25 |
Denied |
IFP |
criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment hurst-v-state state-v-poole statutory-construction substantive-law |
1. Does the Florida Supreme Court's statutory construction in Hurst v. State constitute substantive law and, if so, does the Due Process Clause of the… |
| 20-7238 |
Alberto Julio Garcia v. Mississippi |
Mississippi |
2021-02-24 |
Denied |
IFP |
competency cruel-and-unusual-punishment death-penalty due-process dusky-standard eighth-amendment fourteenth-amendment mental-competency pretrial-proceedings restorative-treatment |
Does Mississippi's "presumption of competency" violate the Fourteenth Amendment, and/or the Eighth Amendment, when that presumption is expanded to all… |
| 20-7215 |
Sunni Askari Newell v. United States |
Eighth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-sentencing due-process eighth-amendment eighth-circuit federal-sentencing firearms firearms-possession sentencing-guidelines statutory-interpretation |
WHETHER THE EIGHTH CIRCUIT HAS MISCONSTRUED
U.S.S.G. § 2K2.1(b)(6)(B), CONTRARY TO EVERY OTHER
CIRCUIT, RESULTING IN DEFENDANTS CONVICTED OF
FIREARMS … |
| 20-1155 |
Jonas David Nelson v. Minnesota |
Minnesota |
2021-02-23 |
Denied |
Amici (2)Response Waived |
cognitive-deficits cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-sentence life-without-parole mental-illness proportionality proportionality-review |
1. Whether the Eighth Amendment right to narrow proportionality review of sentences of life without release entails a right to a hearing at which evid… |
| 20-7205 |
Leonardo Franqui v. Florida |
Florida |
2021-02-22 |
Denied |
IFP |
capital-defendant capital-punishment constitutional-interpretation due-process eighth-amendment hall-v-florida intellectual-disability jury-sentencing statutory-construction |
1. Is the Florida Supreme Court's understanding of the proper holistic evaluation to be conducted in order to assess a capital defendant's intellectua… |
| 20-7157 |
David Smith-Garcia v. Paula Burke |
Ninth Circuit |
2021-02-16 |
Denied |
Response WaivedIFP |
8th-amendment bivens civil-rights constitutional-rights deliberate-indifference due-process eighth-amendment medical-care medical-need prison-healthcare probation |
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(X deO "vS'Nen^ ConVe*V-'\r\ vde\'i bf<~afe indiW-erencc.
Ov 0-… |
| 20-7160 |
Emmett Garrison, IV v. Louisiana |
Louisiana |
2021-02-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole presumption sentencing sentencing-discretion |
If the Eighth Amendment forbids automatic life without parole sentences for juvenile offenders, does a sentencing court have the discretion to impose … |
| 20-7127 |
Clyde Pontefract v. United States, et al. |
Sixth Circuit |
2021-02-11 |
Denied |
Response WaivedIFP |
bivens bivens-action civil-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment federal-prisoner federal-prisons injunctive-relief municipal-liability standing |
1. Does Ziglar V Abbasi, 582 US_
137 S Ct
198 L Ed 2d
290 (2017) in deciding a private right of action under
Bivens, apply to a Federal Prisoner held … |
| 20-7049 |
Edwin Gonzalez v. United States |
First Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
8th-amendment age-based-sentencing brain-development constitutional-interpretation criminal-justice cruel-and-unusual-punishment juvenile-sentencing life-without-parole rehabilitation |
In Miller v. Alabama, 132 S. Ct. 2455, (2012), this Court held mandatory life sentences without parole for juvenile homicide offenders violates the Ei… |
| 20-1038 |
Darrell Wayne Brown v. Kevin Michael Comstock |
Fourth Circuit |
2021-01-29 |
Denied |
Response Waived |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation |
Question not identified. |
| 20-6902 |
Layw Thomas v. Kentucky |
Kentucky |
2021-01-22 |
Denied |
Response WaivedIFP |
disproportionate-sentencing eighth-amendment fourteenth-amendment hammer-clause juvenile-sentencing miller-v-alabama plea-agreement plea-bargaining sentencing-discretion |
Did Kentucky violate the Eighth and Fourteenth Amendments when it allowed a youth who was 17 when his crimes occurred to be sentenced to life in priso… |
| 20-6915 |
Scott Lee Peterson v. California |
California |
2021-01-22 |
Denied |
Response WaivedIFP |
capital-murder death-penalty eighth-amendment jury-selection sixth-amendment voir-dire witherspoon-challenge witherspoon-v-illinois |
Petitioner was charged with capital murder. During voir dire, and based solely on answers to jury questionnaires, the state trial court systematically… |
| 20-6911 |
Dimas Alfaro-Granados v. United States |
Eleventh Circuit |
2021-01-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama rico-enterprise sentencing sixth-amendment vicar |
[1]- 1st Question Presented on Request and Application for COA
Did the appellate court err in denying a certificate of appealability on whether the di… |
| 20-6879 |
John D. Freeman v. Florida |
Florida |
2021-01-14 |
Denied |
IFP |
due-process eighth-amendment hall-v-florida intellectual-disability montgomery-v-louisiana postconviction-procedure retroactive-application retroactivity substantive-rule |
1. Whether Florida's postconviction procedures governing intellectual disability claims fail to vindicate defendants' substantive Eighth Amendment rig… |
| 20-6887 |
Harry Franklin Phillips v. Florida |
Florida |
2021-01-14 |
Denied |
Amici (1)IFP |
atkins-v-virginia capital-punishment collateral-review eighth-amendment ex-post-facto intellectual-disability montgomery-v-louisiana retroactivity supremacy-clause |
Whether a state court must give retroactive effect on collateral review to the rule announced in Hall because the Supremacy Clause, as held in Montgom… |
| 20-6872 |
Scott Hildreth v. Kim Butler, et al. |
Seventh Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights deliberate-indifference eighth-amendment grievance-process medical-neglect medical-treatment medication-refill policy prisoner-rights |
Is it right that the defendant Wexford health service,(Menard C C )
have returned to their same old song and dance and have been not properly
or tim… |
| 20-941 |
Gregory Atkins, et al. v. Kenneth Williams, Medical Director, Tennessee Department of Correction |
Sixth Circuit |
2021-01-13 |
Denied |
|
8th-amendment cruel-and-unusual-punishment deliberate-indifference eighth-amendment injunctive-relief lack-of-funds official-capacity prison-conditions subjective-component |
The Eighth Amendment prohibits cruel and unusual punishments, including deliberate indifference to a convicted prisoner's serious medical needs and ot… |
| 20-6846 |
Tyrone Campbell v. Florida |
Florida |
2021-01-12 |
Denied |
IFP |
cruel-and-unusual-punishment death-penalty due-process eighth-amendment standing supreme-court |
Question not identified. |
| 20-6829 |
Joseph J. Buttercase v. Nebraska |
Nebraska |
2021-01-11 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment 8th-amendment actual-innocence due-process eighth-amendment fourteenth-amendment nebraska postconviction-relief pro-se |
1. Whether there is a federal constitutional right for a prisoner to be released upon proof of actual innocence?
2. Whether the state-law procedures … |
| 20-6769 |
Juan David Rodriguez v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-01-05 |
Denied |
IFP |
atkins-standard atkins-v-virginia death-penalty eighth-amendment fourteenth-amendment intellectual-disability medical-consensus scientific-authority |
Whether the disregard of medical and scientific consensus and well-established clinical authority when evaluating a claim of intellectual disability c… |
| 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 |
Dantazias Raines was sentenced to life without parole for a botched robbery that ended in a death when he was seventeen years old. After the Supreme C… |
| 20-6746 |
Jonathan Loyd v. Florida |
Florida |
2020-12-31 |
Denied |
IFP |
8th-amendment age-of-offender constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment juvenile-justice juvenile-sentencing life-imprisonment mandatory-life-sentence sentencing |
Whether a mandatory term of life imprisonment imposed upon an offender under the age of 18 is per se lawful under the Eighth Amendment? |
| 20-6701 |
Benjamin Pedraza, III v. Ohio |
Ohio |
2020-12-23 |
Denied |
Response WaivedIFP |
cell-phone-data constitutional-rights criminal-procedure eighth-amendment fifth-amendment fourteenth-amendment fourth-amendment law-enforcement-procedure privacy-expectation search-and-seizure warrantless-search |
Whether or not a third party, Appellant, has an expectation of privacy, in terms of cell-phone data that a police officer or detective obtains, howeve… |
| 20-830 |
Washington v. Said Omer Ali |
Washington |
2020-12-21 |
Denied |
Amici (3) |
8th-amendment criminal-procedure eighth-amendment graham-v-florida individual-proportionality juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama proportionality-determination sentencing-guidelines supreme-court-precedent |
Whether Graham and Miller require an individual proportionality determination before imposing any sentence on a juvenile offender convicted in adult c… |
| 20-831 |
Washington v. Endy Domingo-Cornelio |
Washington |
2020-12-21 |
Denied |
Amici (3) |
8th-amendment constitutional-law criminal-procedure eighth-amendment graham-v-florida individual-proportionality juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama proportionality-review sentencing-guidelines |
Whether Graham and Miller require an individual proportionality determination before imposing any sentence on a juvenile offender convicted in adult c… |
| 20-6644 |
David Santiago Renteria v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-12-16 |
Denied |
IFP |
capital-sentencing certificate-of-appealability due-process eighth-amendment fourteenth-amendment habeas-corpus investigative-funds sentencing |
1. Did the Court of Appeals for the Fifth Circuit deny petitioner a full appeal of the district court's denial of funding under 18 U.S.C. § 3599(f), a… |
| 20-6626 |
Ihab Masalmani v. Michigan |
Michigan |
2020-12-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof cruel-and-unusual-punishment due-process irreparable-corruption juvenile-justice juvenile-sentencing life-without-parole miller-hearing |
I. Whether the government must bear the burden of proof at a Miller hearing that a juvenile is irreparably corrupt, consistent with juveniles' rights … |
| 20-6542 |
Alfonso Percy Pew v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Pennsylvania |
2020-12-07 |
Denied |
IFP |
1st-amendment 8th-amendment civil-rights due-process eighth-amendment federal-religious-land-use-institutionalized-perso federal-settlement-agreement first-amendment pro-se-litigant religious-land-use standing |
1. WHETHER THE PENNSYLVANIA STATE COURT JUDICIAL SYSTEM IN ITS COMMON PLEAS COURT, COMMONWEALTH COURT AND STATE SUPREME COURT HAS CREATED A HANDS OFF … |
| 20-6523 |
Jason Lamont Brooks v. Scott Jordan, Warden |
Sixth Circuit |
2020-12-04 |
Denied |
Response WaivedIFP |
aedpa aedpa-time-bar civil-rights due-process eighth-amendment equal-protection habeas-corpus juvenile-offender lwop-sentence meaningful-opportunity montgomery-miller-precedent standing |
1. Does the AEDPA time-bar apply to a "protected class of citizen's" claim for relief?
2. Does the Eighth Amendment prohibit a "de jure"/"de facto" L… |
| 20-6533 |
Grover B. Reed v. Florida |
Florida |
2020-12-04 |
Denied |
IFP |
capital-sentencing due-process eighth-amendment florida-supreme-court fourteenth-amendment hurst-v-state retroactive-law retroactivity statutory-construction |
1. Whether the Florida Supreme Court's statutory construction in Hurst v. State constitutes substantive law, and if so, whether under the Due Process … |
| 20-6534 |
Deverick Scott v. Rory Griffin, et al. |
Eighth Circuit |
2020-12-04 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment grievances inmate-rights medical-malpractice medical-treatment policy |
1. Is "A.D.C. ", Correct Care Solutions Medical policy unconstitutional to Scott, and all other inmates in A.D.C. when Dr. Dove refuse to refill and r… |
| 20-6515 |
Anthony Ponticelli v. Florida |
Florida |
2020-12-03 |
Denied |
IFP |
capital-sentencing due-process eighth-amendment fourteenth-amendment hurst-v-state jury-unanimity retroactivity statutory-construction substantive-law |
1.Whether the Florida Supreme Court's statutory
construction in Hurst v. State constitutes substantive law, and
if so, whether the Due Process Clause … |
| 20-6528 |
Ecclesiastical Denzel Washington v. Benjamin Brooke, et al. |
Eighth Circuit |
2020-12-03 |
Denied |
IFP |
civil-rights deliberate-indifference due-process eighth-amendment failure-to-protect prison-conditions prison-safety summary-judgment |
1. WHETHER THE DISTRICT COURT IN GRANTING SUMMARY JUDGMENT IMPROPERLY
DECIDED FACTUAL ISSIES
WHETHER THE PLAINTIFF FACTUAL ALLATIONS ON AN UNPROVOKED … |
| 20-765 |
M. S. Willman v. Merrick B. Garland, Attorney General |
Sixth Circuit |
2020-12-03 |
Denied |
Response WaivedRelisted (2) |
8th-amendment constitutional-rights declaratory-relief eighth-amendment federal-registry full-faith-and-credit res-judicata sex-offender-registration sorna sorna-compliance |
If a State sex offender is not legally required 34 U.S.C. §20921 to be on their Jurisdiction's registry, then they will not appear in the Federal offe… |
| 20-6498 |
Tony Barksdale v. Jefferson Dunn, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2020-12-02 |
Denied |
IFP |
capital-punishment capital-sentencing certificate-of-appealability due-process effective-assistance-of-counsel eighth-amendment eleventh-circuit habeas-corpus sixth-amendment supreme-court-precedent |
1. Did the Eleventh Circuit misconstrue this Court's guidance in, inter alia, Buck v. Davis, 580 U.S. ___, 137 S. Ct. 759 (2017), when it denied Petit… |
| 20-6483 |
Adrien John Matuck v. United States |
Ninth Circuit |
2020-12-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-proportionality criminal-procedure due-process eighth-amendment ineffective-assistance-of-counsel juvenile-sentencing life-without-parole sentencing-discretion speedy-trial statute-of-limitations |
Question not identified. |
| 20-6419 |
Romell Broom v. Tim Shoop, Warden |
Sixth Circuit |
2020-11-24 |
Dismissed |
IFP |
clearly-established-law constitutional-interpretation cruel-and-unusual-punishment eighth-amendment execution-attempt habeas-corpus robinson-v-california section-2254 sentencing supreme-court-precedent trop-v-dulles |
Is Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947) the clearly established United States Supreme Court precedent, for purposes of 28 U.S.C.… |
| 20-6393 |
Todd C. Hughes v. Florida |
Florida |
2020-11-20 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment fourteenth-amendment post-conviction postconviction-motion sexual-predator |
Did the Florida Second District Court of Appeal and the Florida Sixth Judicial Circuit violate the Petitioner's and like situated inmates, rights unde… |
| 20-6396 |
Michael John Bever v. Oklahoma |
Oklahoma |
2020-11-20 |
Denied |
IFP |
consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment |
1. Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review.
2. Whether a judge's decis… |
| 20-701 |
James Calvert v. Texas |
Texas |
2020-11-20 |
Denied |
Relisted (6) |
capital-punishment capital-sentencing due-process eighth-amendment mental-competency right-to-counsel structural-error |
1. Whether the Constitution prevents a State from allowing a defendant to represent himself in a capital case when the defendant is mentally competent… |
| 20-704 |
Cesar Santana v. California |
California |
2020-11-20 |
Denied |
|
age-appropriate-sentencing civil-rights constitutional-challenge due-process habeas-corpus juvenile-sentencing liberty-interest miller-v-alabama sentencing youth-offender |
1. Does California Create a Liberty Interest to "Youthful-Offender's" when it Enacted
Legislation in Response/Remedy of a United States Supreme Court… |
| 20-6303 |
Lamar Whatley v. Illinois |
Illinois |
2020-11-13 |
Denied |
IFP |
aggravating-factors constitutional-challenge de-novo eighth-amendment ineffective-assistance judicial-discretion mitigating-factors sentencing sentencing-discretion separation-of-powers sixth-amendment |
1, The seperation of powers clause,as legislature has power to fix sentences.for mr.whatley crime and limit the scope of the judicial decsrition to im… |
| 20-6218 |
Terance Valentine v. Florida |
Florida |
2020-11-05 |
Denied |
IFP |
constitutional-waiver criminal-procedure death-penalty eighth-amendment fourteenth-amendment hurst-v-florida jury-fact-finding jury-unanimity ring-v-arizona |
Whether a waiver to an advisory, non-unanimous jury verdict lacking in any fact finding requirement under a death penalty scheme later determined to b… |
| 20-582 |
Shadreck Kifayatuthelezi v. South Carolina Department of Corrections, et al. |
Fourth Circuit |
2020-11-03 |
Denied |
|
civil-rights compensation eighth-amendment fourteenth-amendment incarceration qualified-immunity release-date seventh-amendment state-law |
I. Whether the Eighth Amendment, the Fourteenth Amendment, and/or state law provide a source of compensation when an inmate is incarcerated past his l… |
| 20-6206 |
Travis Johnson v. Illinois |
Illinois |
2020-11-03 |
Denied |
IFP |
appellate-review constitutional-law criminal-procedure criminal-sentencing eighth-amendment proportionality proportionate-penalties sentencing solem-v-helm state-courts supreme-court-precedent |
1. IS Solem v. Helm, 463 U.S. 277 (1983) binding Case Law?
2. Must Illinois Appellant Courts be required to Follow the United States Supreme Court's … |
| 20-6134 |
Adam Alfredo Flores v. United States |
Fifth Circuit |
2020-10-26 |
Denied |
Response WaivedIFP |
8th-amendment criminal-history cruel-and-unusual-punishment disproportionate-sentence eighth-amendment felon-in-possession sentencing-guidelines substantive-reasonableness |
Was a maximum ten year sentence above the guidelines of 70 to 87 months' imprisonment for Felon in Possession of a Firearm substantively unreasonable,… |
| 20-6116 |
Terry Joseph Wernicke, Jr. v. Court of Appeal of California, Third Appellate District, et al. |
California |
2020-10-23 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment eighth-amendment felony-murder juvenile-offender life-sentence parole |
Question not identified. |
| 20-6089 |
Jermaine D. Hill v. Catherine S. Bauman, Warden |
Sixth Circuit |
2020-10-21 |
Denied |
Response WaivedIFP |
constitutional-rights due-process equitable-tolling ineffective-assistance ineffective-assistance-of-counsel juvenile-sentencing life-without-parole miller-hearing retroactivity statute-of-limitations |
In 2012 this Count ruled in Miller v. Alabama 567 U.S. that it is Unconstitutional to sentence a juvenile to life without the possibility of parole. I… |
| 20-6085 |
Celso Yanez v. California |
California |
2020-10-20 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment eighth-amendment first-time-offender mandatory-sentencing sentencing sentencing-guidelines sexual-abuse |
Whether a mandatory sentence of 45 years to life, imposed on a 56-year-old first-time offender in a sexual abuse case involving no violence, no force,… |
| 20-6060 |
Benjamin Davis Smiley, Jr. v. Florida |
Florida |
2020-10-19 |
Denied |
IFP |
aggravating-factors capital-sentencing cruel-and-unusual-punishment eighth-amendment equal-protection fourteenth-amendment jury-determination mitigating-circumstances sentencing |
1. Does the decision of the Florida Supreme Court in Smiley v. State , 295 So.3d 156 (2020), violate the Eighth Amendment ban on cruel and unusual pun… |
| 20-6043 |
Robin Lee Archer v. Florida |
Florida |
2020-10-16 |
Denied |
IFP |
criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment jury-role retroactivity statutory-construction substantive-criminal-law substantive-law |
1. Whether the Florida Supreme Court's statutory construction in Hurst v. State constitutes substantive law, and if so, whether the Due Process Clause… |
| 20-6023 |
Carlos Anderson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-10-15 |
Denied |
Response WaivedIFP |
constitutional-review eighth-amendment graham-v-florida juvenile-sentencing life-sentence procedural-bar state-court-decisional-law state-court-law |
Can the Florida Supreme Court use state court decisional law to procedurally bar a non-homicide juvenile defendant from seeking relief from an illegal… |
| 20-6005 |
Victor Brancaccio v. Florida |
Florida |
2020-10-14 |
Denied |
Response WaivedIFP |
civil-rights constitutional-interpretation eighth-amendment eighth-amendment-claims federal-habeas-review federal-review habeas-corpus judicial-precedent supremacy-clause virginia-v-leblanc |
Whether Florida courts are refusing to consider Eighth Amendment claims in violation of the Supremacy Clause by treating Virginia v. LeBlanc, 137 S. C… |
| 20-6010 |
Cezary Wojcik v. Cook County, Illinois, et al. |
Seventh Circuit |
2020-10-14 |
Denied |
IFP |
14th-amendment 8th-amendment ada ada-statute civil-rights constitutional-rights disabled-persons disabled-prisoners-rights eighth-amendment estelle-v-gamble fourteenth-amendment medical-care |
1. Did cook county defendants violate disabled Cezary Wojcik Constitutional Rights to provide disable person proper medical care-treatment with medica… |
| 20-5981 |
Javier Garza v. Illinois |
Illinois |
2020-10-13 |
Denied |
Response WaivedIFP |
case-characteristics constitutional-provisions court-jurisdiction criminal-procedure de-facto-life-sentence eighth-amendment judicial-review juvenile-sentencing legal-interpretation miller-v-louisiana statutory-provisions youth-characteristics |
1: MkN^ATo^ M facto ixFe seo/reMcas tfmuxtt
T>eF&VWTS-AS Jn VFTXT io/oe/I'sCAST AfcbxSflbMTtortfiw 4a®
MXbLAre Tm Sxahth /IMmm &jt, vuiess thf TfixaL… |
| 20-445 |
Matthew Anderson v. John Bonnewell, et al. |
Delaware |
2020-10-07 |
Denied |
Response Waived |
8th-amendment civil-rights correctional-officers due-process eighth-amendment excessive-force intent prison-conditions qualified-immunity summary-judgment |
1. Whether a trial court can disregard the five factors set forth in Whitley v. Albers, 475 U.S. 312 (1986), in an Eighth Amendment excessive force ca… |
| 20-5892 |
Russell A. Stoddard v. Florida |
Florida |
2020-10-05 |
Denied |
IFP |
appellate-review cruel-and-unusual-punishment due-process eighth-amendment enhanced-sentence fourteenth-amendment sentencing state-law |
1. DOES THE EIGHT AMENDMENT PROTECTION AGAINST CRUEL AND UNUSUAL PUNISHMENT PROHIBIT A STATE FROM IMPOSING A PRISON SENTENCE THAT EXCEEDS THE MAXIMUM … |
| 20-5893 |
Jonnie Ravon v. Florida |
Florida |
2020-10-05 |
Denied |
IFP |
constitutional-rights cruel-and-unusual-punishment eighth-amendment habeas-corpus juvenile-sentencing life-without-parole manifest-injustice sentencing violent-offenses |
Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d… |
| 20-5887 |
Charles Kunta Lewis, Jr. v. Michigan |
Michigan |
2020-10-02 |
Denied |
IFP |
age-consideration brain-development constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment individualized-sentencing juvenile-offender juvenile-sentencing mandatory-minimum sentencing |
I. The Constitution prohibits punishments that are cruel and unusual. In addition to the crime committed, the juvenile offender's age must also be tak… |
| 20-5858 |
Elvert S. Briscoe, Jr. v. Annette Chambers-Smith, Director, Ohio Rehabilitation and Correction, et al. |
Sixth Circuit |
2020-10-01 |
Denied |
IFP |
constitutional-rights disciplinary-hearing due-process eighth-amendment equal-protection first-amendment liberty-interest sandin-v-connor |
Liberty Interest
Can an action by a prison disciplinary hearing that is a violation of the First Amendment, Eighth Amendment, or Equal Protection Clau… |
| 20-5874 |
Jerry Lard v. Arkansas |
Arkansas |
2020-10-01 |
Denied |
IFP |
categorical-prohibition death-penalty eighth-amendment execution intellectual-disability ripeness waiver |
1. Whether a death-sentenced inmate is permitted to waive a viable claim for an Eighth Amendment categorical probation against the execution of person… |
| 20-5786 |
William Earl Sweet v. Florida |
Florida |
2020-09-25 |
Denied |
IFP |
actual-innocence constitutional-violations eighth-amendment giglio-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel postconviction-proceedings suspension-clause |
1. Whether it amounts to a suspension of the writ of habeas corpus for the state courts to fail to consider claims from an individual with compelling … |
| 20-5801 |
James Rogers v. Florida |
Florida |
2020-09-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights eighth-amendment eighth-amendment-claims federal-habeas-review federal-review habeas-corpus legal-precedent state-court-decisions supremacy-clause virginia-v-leblanc |
Whether Florida courts are refusing to consider Eighth Amendment claims in violation of the Supremacy Clause by treating Virginia v. LeBlanc, 137 S. C… |
| 20-5732 |
Ernest Seadin v. Dean Williams, Director, Colorado Department of Corrections |
Tenth Circuit |
2020-09-18 |
Denied |
Response WaivedRelisted (2)IFP |
8th-amendment constitutional-rights eighth-amendment equal-protection fourteenth-amendment new-evidence no-escape-conviction plea-agreement sentence-expiration sentencing-violation |
1. Is the State of Colorado, the Colorado Courts, both State and
Federal, subjecting Petitioner to a death in prison sentence by not
giving him relief… |
| 20-5748 |
Dacarius Holliday v. Louisiana |
Louisiana |
2020-09-17 |
Denied |
IFP |
constitutional-error criminal-intent criminal-negligence due-process eighth-amendment jury-instructions jury-sentencing specific-intent standard-of-proof trial-court |
1. Can convictions for crimes requiring specific intent create constitutional error where the trial court has ruled that the evidence supports crimina… |
| 20-287 |
Ernest Johnson v. Anne L. Precythe, et al. |
Eighth Circuit |
2020-09-04 |
Denied |
Relisted (12) |
alternative-method bucklew-v-precythe constitutional-claim eighth-amendment legitimate-penological-justification method-of-execution penological-justification summary-judgment |
In Bucklew v. Precythe, 139 S. Ct. 1112 (2019), this Court held, at the summary judgment stage and on the record in that case, that the State had a le… |
| 20-281 |
Waseem Daker v. Clinton Perry, Jr., Warden |
Eleventh Circuit |
2020-09-03 |
Denied |
|
8th-amendment circuit-split conditions-of-confinement due-process eighth-amendment habeas-corpus prisoner-rights solitary-confinement |
I. Whether a prisoner may file a habeas corpus petition to challenge his placement on segregated/solitary confinement.
II. If so, whether a court con… |
| 20-5562 |
Jeffrey Hessler v. Nebraska |
Nebraska |
2020-09-03 |
Denied |
IFP |
aggravating-circumstances constitutional-amendments death-penalty eighth-amendment fourteenth-amendment hurst-v-florida judicial-panel jury-determination post-conviction-relief ring-v-arizona sixth-amendment |
Are the Sixth, Eighth and Fourteenth Amendments, as well as Ring and Hurst, violated when eligibility for the death penalty is asserted to be decided … |
| 20-277 |
Christopher Adams, et al. v. Tony Parker, et al. |
Sixth Circuit |
2020-09-02 |
Denied |
|
civil-rights due-process eighth-amendment food-safety professional-standards sanitation |
1. Whether prisoners have a right protected by the Eighth Amendment of the United States Constitution to have their food prepared and served in a sani… |
| 20-5572 |
Michael Aaron Witkin v. Mariana Lotersztain, et al. |
Ninth Circuit |
2020-09-02 |
Denied |
Response WaivedRelisted (2)IFP |
cruel-and-unusual-punishment deliberate-indifference eighth-amendment expert-testimony medical-care prison-conditions summary-judgment |
The Eighth Amendment prohibition of cruel and unusual punishment prohibits the unnecessary and wanton infliction of pain. Prison officials violate the… |
| 20-250 |
Mark Anthony Poole v. Florida |
Florida |
2020-09-01 |
Denied |
|
aggravating-circumstances capital-sentencing death-penalty eighth-amendment hurst-precedent hurst-v-florida jury-recommendation mitigating-circumstances sixth-amendment |
I. Whether the Florida Supreme Court erred in
reinstating a capital sentence issued under Florida's
pre-2016 scheme, in contravention of this Court's
… |
| 20-5531 |
Cynthia Holmes v. James Y. Becker, et al. |
Fourth Circuit |
2020-08-27 |
Denied |
Relisted (2)IFP |
14th-amendment 7th-amendment 8th-amendment civil-rights constitutional-challenge due-process eighth-amendment fifth-amendment first-amendment fourteenth-amendment free-speech seventh-amendment |
Whether the revised South Carolina Frivolous Proceedings Act (FPA),
S.C. Code § 15-36-10, is unconstitutional on its face or as applied in violation o… |
| 20-5521 |
Wilbert Williams, aka Serenity Izabel Williams v. Beverly Kelly, Assistant Warden, et al. |
Fifth Circuit |
2020-08-26 |
Denied |
IFP |
8th-amendment civil-rights conflict-of-interest due-process eighth-amendment fourteenth-amendment gender-dysphoria medical-treatment prisoners-rights transgender transgender-rights |
1) Whether this court "Decide Whether Gender dysphoria IS A SERIOUS MEDICAL CONDITION, AND, IF SO, TO ENTER A DECISION FOR THE COMPANY that THE 5TH CI… |
| 20-5485 |
Maurice Moss v. Florida |
Florida |
2020-08-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-interpretation eighth-amendment eighth-amendment-issue federal-habeas-review federal-review florida-courts habeas-corpus judicial-precedent supremacy-clause virginia-v-leblanc |
Whether Florida courts are refusing to consider Eighth Amendment claims in violation of the Supremacy Clause by treating Virginia v. LeBlanc, 137 S. C… |
| 20-5486 |
Spencer E. Miles v. Florida |
Florida |
2020-08-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-interpretation eighth-amendment eighth-amendment-issue federal-habeas-review federal-review florida-courts habeas-corpus judicial-precedent supremacy-clause virginia-v-leblanc |
Whether Florida courts are refusing to consider Eighth Amendment claims in violation of the Supremacy Clause by treating Virginia v. LeBlanc, 137 S. C… |
| 20-5487 |
Jerome Adams v. Illinois |
Illinois |
2020-08-25 |
Denied |
Response WaivedIFP |
case-law civil-procedure civil-rights constitutional-claims due-process due-process-clause eighth-amendment procedural-bar res-judicata standing |
Whether the procedural bar of res judicata may serve as the basis for the dismissal of constitutional claims that were previously raised, but with sub… |
| 20-5491 |
M. C. v. Indiana |
Indiana |
2020-08-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-sentencing cruel-and-unusual-punishment delinquent-acts due-process eighth-amendment imprisonment juvenile-detention juvenile-justice punishment |
1. Is a child imprisoned for delinquent acts "punished" within the meaning of the Eighth Amendment? |
| 20-5450 |
Darnell Perkins Washington v. Florida |
Florida |
2020-08-21 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment due-process eighth-amendment florida-constitution relief standing |
jI legal Qo^s (\ olefe^otfcV d^sc '^ri/e '5 4roAA a a
Se^ece o^.W( ^a.^Lx/v^ f C^ue( qa4
Qr'fi'cl^ I SeckoA \~1 o*f fkt FlorsJ^ Cqas^ ^u/
k+k /MAoUeA… |
| 20-5408 |
Robert Richard Jodoin v. United States |
Eleventh Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-offense due-process eighth-amendment federal-sentencing military-veteran non-violent-offense reasonableness-review sentencing sentencing-guidelines veteran-status |
WHETHER A ONE HUNDRED THIRTY MONTH PRISON SENTENCE FOR A NON-VIOLENT, DRUG DEALING, FIFTY (50) YEAR OLD, MILITARY VETERAN IS UNREASONABLE. |
| 20-5416 |
Roosevelt Cure, Jr. v. Florida |
Florida |
2020-08-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-interpretation eighth-amendment eighth-amendment-issue federal-habeas-review federal-review florida-courts habeas-corpus judicial-precedent supremacy-clause virginia-v-leblanc |
Whether Florida courts are refusing to consider Eighth Amendment claims in violation of the Supremacy Clause by treating Virginia v. LeBlanc, 137 S. C… |
| 20-5417 |
Rasheed Lamar Robinson v. United States |
Eleventh Circuit |
2020-08-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
certificate-of-appealability criminal-procedure due-process eighth-amendment federal-habeas-corpus felony-convictions national-importance retroactive-sentencing |
Whether Petitioner's enhanced sentence based on a retroactively erased felony violates Due Process of Law, and the denial of a Certificate of Appealab… |
| 20-5381 |
Lawrence F. Curtin v. Kimberly Cortez |
Eleventh Circuit |
2020-08-17 |
Denied |
Response WaivedIFP |
eighth-amendment fifth-amendment first-amendment florida fourteenth-amendment fourth-amendment judicial-qualification-commission petition redress-of-grievances sixth-amendment state-court-judge |
DO I HAVE A FIRST AMENDMENT RIGHT TO PETITION FLORIDA'S JUDBCIIAL QUALIFICATION COMMISSION, TOE GOVERNMENT, HIM WRITING, FOSS A REDRESS OF GRIEVANCES … |
| 20-5330 |
Layne Aucoin v. Andrew Cupil, Lieutenant, et al. |
Fifth Circuit |
2020-08-13 |
Denied |
Response WaivedIFP |
civil-rights eighth-amendment excessive-force muhammad-v-close prison-discipline prisoner-rights sixth-amendment |
Do the Sixth Amendment and this Court's decision in Muhammad v. Close, 540 U.S. 749 (2004), foreclose a federal court from dismissing an inmate 8th Am… |
| 20-5333 |
Norman Paul Blanco v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation, et al. |
Ninth Circuit |
2020-08-13 |
Denied |
IFP |
administrative-law california-penal-code civil-rights constitutional-law criminal-sentencing cruel-and-unusual-punishment eighth-amendment felony-convictions judicial-review legal-procedure sentencing-enhancements statutory-interpretation |
Aunder parole consideration arficle under I vection 32 of california prparition fonmater whnvilenfe constitution sentence
ner th p atn ith febny atte… |
| 20-5321 |
Michael Wayne Wadena v. United States |
Eighth Circuit |
2020-08-11 |
Denied |
Response WaivedIFP |
civil-rights controlled-substance criminal-history due-process eighth-amendment firearm-possession related-cases sentencing sentencing-enhancement serious-drug-offense statutory-interpretation |
Does 924(e)'s "serious drug offense" mandate that courts consider both statutes when sentencing
Could hypothetical aggravating sentencing factors be … |
| 20-5263 |
Patrick W. Schroeder v. Nebraska |
Nebraska |
2020-08-05 |
Denied |
IFP |
capital-punishment capital-sentencing death-penalty eighth-amendment fourteenth-amendment mitigation mitigation-evidence pro-se pro-se-representation proportionality sentencing |
1) Whether the Eighth and Fourteenth Amendments to the United States Constitution are violated when a capital sentencing panel issues a death sentence… |
| 20-5243 |
Warren K. Henness v. Mike DeWine, et al. |
Sixth Circuit |
2020-08-03 |
Denied |
Amici (3)IFP |
alternative-methods cruel-and-unusual-punishment death-penalty eighth-amendment lethal-injection medical-aid-in-dying |
1. Whether the Eighth Amendment categorically permits the degree of pain caused by hanging—including sensations of drowning and suffocation—or whether… |
| 20-5193 |
Mollee M. McWhorter v. United States |
Fourth Circuit |
2020-07-31 |
Denied |
Response WaivedRelisted (2)IFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment free-speech juvenile-sentencing life-without-parole standing takings |
I WISH THE US SUPREME COURT TO REVIEW THE UNCONSTITUATIONALITY OF CANNABIS LAWS AS IT RELATES TO MY FEDERAL CASE AND HOW IT IS APPLICABLE TO MILLIONS … |
| 20-5217 |
David Kelsey Sparre v. Florida |
Florida |
2020-07-30 |
Denied |
IFP |
adolescent-brain-development brain-development constitutional-rights first-degree-murder harmless-error ineffective-assistance-of-counsel juvenile-sentencing prejudice trial-strategy |
1. Whether trial counsel's failure to investigate and execute the defense trial strategy, which would have significantly undermined the State's case f… |
| 20-5178 |
Jimmy Fernetus v. United States |
Eleventh Circuit |
2020-07-27 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment district-court eighth-amendment executive-branch executive-power legislative-branch legislative-power minimum-mandatory-sentence separation-of-powers |
1. Whether the separation of powers doctrine prohibits the legislative and executive branches from forcing a district court judge to impose a minimum … |
| 20-51 |
Pedro Pete Benevides v. United States |
Eleventh Circuit |
2020-07-22 |
Denied |
Response Waived |
criminal-forfeiture eighth-amendment excessive-fine forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-guidelines |
1. Does the forfeiture of over $44 million constitute an excessive fine under the Eighth Amendment, where the forfeiture amount is more than 44 times … |
| 20-5119 |
Wayne Powell v. Ohio |
Ohio |
2020-07-21 |
Denied |
IFP |
death-penalty due-process eighth-amendment expert-funding hurst-v-florida indigent-defendant ineffective-assistance ineffective-assistance-of-counsel postconviction-relief sixth-amendment |
1. Does Ohio's postconviction process allow indigent defendants a substantive opportunity to develop claims that comport with Ohio's collateral review… |
| 20-31 |
Prince McCoy, Sr. v. Tajudeen Alamu |
Fifth Circuit |
2020-07-16 |
GVR |
Response RequestedResponse WaivedRelisted (4) |
8th-amendment circuit-split civil-rights eighth-amendment excessive-force hudson-factors prison-conditions prisoner-rights qualified-immunity |
Respondent is a prison guard who attacked an asthmatic prisoner in the face with a can of mace "for no reason at all." The Fifth Circuit held that Res… |
| 20-5015 |
James Latron Sumter v. United States |
Fourth Circuit |
2020-07-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment first-step-act guilty-plea mandatory-minimum plea-bargaining sentencing |
1. WHETHER THE APPELLATE COURT ERRED IN AFFIRMING THE
DISTRICT COURT'S RULING NOT ALLOWING SUMTER TO WITHDRAW
HIS GUILTY PLEA?
2. WHETHER THE APPELLA… |
| 19-8927 |
Alfred Brian Mitchell v. Tommy Sharp, Warden |
Tenth Circuit |
2020-07-08 |
Denied |
IFP |
age-of-culpability cognitive-science constitutional-vagueness criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment sentencing-aggravator standing statutory-interpretation |
1. Given this Court's prior ruling that the text of Oklahoma's "heinous, atrocious, or cruel" death-penalty aggravator is unconstitutionally vague, is… |
| 19-8848 |
Curtis Phillips v. Derek Oberlander, et al. |
Third Circuit |
2020-07-02 |
Denied |
Relisted (2)IFP |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation |
Question not identified. |
| 19-8849 |
Linda Pedroza v. Florida |
Florida |
2020-07-02 |
Denied |
Response WaivedIFP |
constitutional-rights cruel-and-unusual-punishment eighth-amendment juvenile-offender juvenile-sentencing parole proportionality second-degree-homicide sentencing sentencing-disparity |
Where a juvenile offender is sentenced to a term of 40 years in prison for a second degree homicide, and that sentence places her in a worse position … |
| 19-8883 |
Nathan E. Gundy v. United States |
Eleventh Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-law criminal-procedure criminal-prosecution due-process eighth-amendment fair-trial judicial-discretion standing trial-rights |
1. Whether The 6X Amendment of The United States
Constitution Bids are Guaranteed TO O Farr Thlah
TA alk erimwale ProsecahAs or Gust wheal a Sudge
dee… |
| 19-8872 |
James Henry Simpson v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation |
Does 28 U.S.C § 2254 (b)(1) permit a petitioner to waive the state exhaustion requirement if circumstances exist that make the state corrective proces… |
| 19-8873 |
Efrain Diaz, Jr. and Justin Smith v. Kentucky |
Kentucky |
2020-07-01 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
criminal-defendant criminal-procedure death-penalty due-process eighth-amendment justiciability party-presentation procedural-due-process standing-doctrine |
1. Does the requirement in Lujan v. Defs. of Wildlife , 504 U.S. 555, 560 (1992), that a litigant have suffered an "actual or imminent" injury apply t… |
| 19-8879 |
Gurminder Sekhon v. California |
California |
2020-07-01 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines judicial-process standing trial-transcript |
DiD THE TRIAL COURT VIOUATE PETITIONER'S RIGHT TO PRESENT A DEFENSE UNDER BOTH STATE ANJ FEDERAL CONSTiTUTIONS?
IN LIGHT OF JACKSON v. VIRGINA, WAS T… |
| 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… |
| 19-8807 |
Cassandra Cean v. United States |
Second Circuit |
2020-06-24 |
Denied |
Response WaivedRelisted (3)IFP |
circuit-split criminal-liability eighth-amendment intervening-cause mandatory-victims-restitution-act proximate-cause sixth-amendment |
Even after Robers v. United States, 134 S.Ct. 1854 (2014), the circuits remain dangerously divided over what method to apply when determining proximat… |
| 19-8772 |
Mario Torres v. Mike Hansen, et al. |
Ninth Circuit |
2020-06-23 |
Denied |
IFP |
42-usc-1983 brady-violations civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment discovery discovery-deprivation due-process eighth-amendment fair-trial |
Whether Contra Costa County California's blanket policy of depriving a criminal defendant, the facts and the evidence (exculpatory or otherwise), surr… |
| 19-8778 |
John Michael Allen v. Arizona |
Arizona |
2020-06-22 |
Denied |
IFP |
accomplice capital-punishment criminal-sentencing eighth-amendment felony innocent-life nontriggerman |
Whether the Eighth Amendment prohibits capital punishment for a "nontriggerman" accomplice to a felony that is not likely to result in the loss of inn… |
| 19-8742 |
Harold Wayne Nichols v. Tennessee |
Tennessee |
2020-06-18 |
Denied |
IFP |
arbitrary-and-capricious death-penalty death-sentence eighth-amendment fourteenth-amendment judicial-override prior-felony-aggravator settlement-agreement vagueness-doctrine |
The death sentence in this case is supported by only one aggravating circumstance, Tennessee's prior violent felony conviction aggravator. The elected… |
| 19-8728 |
Joshua Harrell v. California |
California |
2020-06-17 |
Denied |
Response WaivedRelisted (2)IFP |
cruel-and-unusual-punishment death-penalty eighth-amendment habeas-corpus mental-illness rational-understanding |
Question not identified. |
| 19-8721 |
Vincent A. Argentino v. Ruanne Stamps, et al. |
Eighth Circuit |
2020-06-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-standard deliberate-indifference due-process eighth-amendment estelle-v-gamble legal-precedent medical-evidence prisoner-rights summary-record |
1. Whether the Precedent of Placing Nesiifying, medical evidence in the Summary Record Showing O * aeke' mental ef Peck" Places an Unrealis-hic exfect… |
| 19-8712 |
Billy Joe Wardlow v. Texas |
Texas |
2020-06-15 |
Denied |
Amici (1)IFP |
age-of-offender brain-development death-penalty eighth-amendment fourteenth-amendment future-dangerousness neuroscience roper-v-simmons |
Whether, under the Eighth and Fourteenth Amendments, Texas may continue to impose, and carry out previously imposed, death sentences for which future … |
| 19-8668 |
Lemuel Whiteside v. Arkansas |
Arkansas |
2020-06-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aggravated-robbery capital-felony-murder constitutional-rights graham-v-florida juvenile-sentencing life-imprisonment non-homicide-crime procedural-default |
WHETHER, FOLLOWING THIS COURT'S DECISION IN GRAHAM v. FLORIDA . 560 U.S. 48, 79 (2010), THE TRIAL COURT ERRED IN INSTRUCTING PETITIONER WHITESIDE'S TR… |
| 19-1350 |
Darius Ishun Green v. Bradley Hooks, et al. |
Eleventh Circuit |
2020-06-09 |
Denied |
Response Waived |
civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment inmate personal-characteristics prison prisoner-rights risk-of-harm summary-judgment |
1. Under Farmer v. Brennan, 511 U.S. 825 (1994), is a court precluded from granting summary judgment to defendants where there is evidence of an obvio… |
| 19-1344 |
Lahkwinder Singh v. United States |
Ninth Circuit |
2020-06-05 |
Denied |
Response Waived |
circuit-split criminal-forfeiture deprivation-of-livelihood eighth-amendment excessive-fines excessive-fines-clause livelihood-deprivation proportionality-analysis sentencing |
Whether this Court should resolve the conflict between the
circuits regarding whether the 'deprivation of livelihood'
should be included in the prop… |
| 19-8614 |
Edward Leon Fields, Jr. v. United States |
Tenth Circuit |
2020-06-05 |
Denied |
IFP |
caldwell-v-mississippi capital-sentencing constitutional-review donnelly-v-dechristoforo due-process eighth-amendment jury-responsibility prosecutorial-misconduct |
In Donnelly v. DeChristoforo, 416 U.S. 637 (1974), this Court identified two distinct standards of review applicable to claims of prosecutorial miscon… |
| 19-8598 |
Gerald Ross Pizzuto, Jr. v. Keith Yordy, Warden |
Ninth Circuit |
2020-06-04 |
Denied |
IFP |
adaptive-functioning adaptive-skills atkins-standard atkins-v-virginia clinical-standards eighth-amendment habeas-corpus intellectual-disability iq-scores standard-error-of-measurement |
1. In determining intellectual disability, at the time of the pertinent state court decision in 2008, whether Atkins and the Eighth Amendment mandated… |
| 19-8551 |
Londro Emanuel Patterson, III v. Kansas |
Kansas |
2020-05-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-law cruel-and-unusual-punishment eighth-amendment juvenile-justice juvenile-sentencing life-sentence parole sentencing |
Does a Life sentence., without right to parole, upon a Ninteen year old for killing committed by another cruel and unusual punishment, in violation of… |
| 19-8460 |
Nexis Rene Gomez v. D. Braun, et al. |
Ninth Circuit |
2020-05-14 |
Denied |
IFP |
civil-rights deliberate-indifference eighth-amendment medical-needs prison-conditions prisoner-treatment summary-judgment |
Did the Court of Appeals Erred In Affirming Summary Judgment In Respondents' Favor When There is Evidence in Petitioner's Medical Record Demonstrating… |
| 19-1280 |
Idaho Department of Correction, et al. v. Adree Edmo, aka Mason Edmo |
Ninth Circuit |
2020-05-12 |
Denied |
Relisted (2) |
advocacy-organization-guidelines circuit-split constitutional-rights deliberate-indifference eighth-amendment estelle-v-gamble gender-dysphoria inmate-medical-care medical-care prison-healthcare |
The Ninth Circuit became the first circuit in the nation to conclude that the Eighth Amendment mandates the provision of sex reassignment surgery when… |
| 19-1261 |
Trent Michael Taylor v. Robert Riojas, et al. |
Fifth Circuit |
2020-04-30 |
GVR |
Amici (2)Relisted (4) |
42-usc-1983 circuit-split civil-procedure civil-rights constitutional-violation cruel-and-unusual-punishment eighth-amendment government-officials obvious-violation prisoner-rights qualified-immunity section-1983 standing |
Respondents are prison officials who deliberately left Petitioner Trent Taylor naked for six days in two filthy cells; the first cell was covered from… |
| 19-8351 |
In Re Vinodh Raghubir |
|
2020-04-24 |
Dismissed |
Response WaivedIFP |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation |
Question not identified. |
| 19-8320 |
Quintez Talley v. Pennsylvania Department of Corrections, et al. |
Third Circuit |
2020-04-21 |
Denied |
IFP |
8th-amendment civil-rights due-process eighth-amendment excessive-fines federal-claims pleading-standards prisoner-rights pro-se-plaintiff state-law-claims supplemental-jurisdiction |
1. Is a Parties right to raise an absolute a/identiam. PYimleae tontaent UP0Y1 Whether bY evidence ?
2. bots -the. doctrine thaba district Court must… |
| 19-8254 |
Samuel Dowell v. United States |
Ninth Circuit |
2020-04-14 |
Denied |
Response WaivedIFP |
commerce-clause constitutional-rights consumer-rights due-process eighth-amendment first-amendment fourteenth-amendment personal-property religious-freedom stream-of-commerce takings |
1) Can Congress Regulate the private and personal
property of the ultimate consumer for eturnity through
The Commerce Clause simply because that ite… |
| 19-8185 |
Floyd Dewaine Scott v. California |
Ninth Circuit |
2020-04-06 |
Denied |
IFP |
due-process eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
1] Did the California State Superior Court,Los Angeles County,
Compton Branch violate the Petitioner's Due Process ,Sixth
Amendment Rights,and Eighth… |
| 19-1191 |
Ohio v. Shawn Ford |
Ohio |
2020-04-01 |
Denied |
Amici (2) |
atkins-standard atkins-v-virginia civil-rights constitutional-provisions criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment intellectual-disability standing state-standards supreme-court-jurisdiction supreme-court-precedent |
What is the test for determining whether someone is "intellectually disabled" for purposes of the Eighth Amendment? |
| 19-8139 |
Douglas Duran Cerritos v. United States |
Fourth Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure eighth-amendment ineffective-assistance ineffective-assistance-of-counsel juvenile-offender juvenile-sentencing mandatory-life-sentence miller-v-alabama psychiatric-evaluation section-2255-motion |
Did the Fourth Circuit commit errror by not granting Mr. 1.
Cerritos a COA under 28 tKS.C... §2253 (c)(2), after the denial of
his 28 U.S.C. §2255 mot… |
| 19-8145 |
Santiago Cruz v. C. Betancourt |
Ninth Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
administrative-grievance administrative-remedies civil-rights eighth-amendment exhaustion-of-remedies grievance-process prisoner-litigation procedural-error procedural-errors waiver |
The district caurt erred in finding Cruzfailed to exhaust administrative remedies for his Eighth Amendment claim. The district court failed to recogni… |
| 19-8057 |
Aaron Moran Brown v. Indiana |
Indiana |
2020-03-23 |
Denied |
Response WaivedIFP |
8th-amendment de-facto-life-sentence eighth-amendment juvenile-sentencing miller-rule miller-v-alabama montgomery-precedent montgomery-v-louisiana parole parole-system |
1. Does the substantive rule of Miller v. Alabama, 567 U.S. 460 (2012), apply to de facto life sentences for juveniles, as the solid majority of juris… |
| 19-8058 |
Maurice Brack, aka Maurice Barrack, aka Maurice Black, aka Maurice L. Brack, aka Socca Bopum, aka Socka Bopa v. New Jersey |
New Jersey |
2020-03-23 |
Denied |
IFP |
8th-amendment adolescent-development constitutional-retroactivity criminal-procedure due-process eighth-amendment family-court juvenile-justice juvenile-waiver retroactivity |
Whether, due to the overwhelingly objective indicis of national consensus that surrounds the advaned research on adblescent brain developmont wholly d… |
| 19-8060 |
John Doe v. United States |
Eleventh Circuit |
2020-03-23 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights court-disclosure cruel-and-unusual-punishment eighth-amendment harassment medical-history medical-privacy prisoner-rights privacy |
1. Should a Convicted Felon be Subject to Additional Harassment
Above and Beyond Their Prison-Sentence Due to a Court's
Disclosure of Their Medical H… |
| 19-8076 |
Alfredo Galindo v. Brad Cain, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability cruel-and-unusual-punishment eighth-amendment federal-procedure habeas-corpus sentencing statutory-requirement |
Whether petitioner's claim that his 300-month sentence violates his Eighth Amendment right to be free from cruel and unusual punishment meets the stat… |
| 19-8084 |
Christopher Young v. Rehka Halligan |
Third Circuit |
2020-03-23 |
Denied |
IFP |
civil-rights constitutional-rights cruel-and-unusual-punishment deliberate-indifference eighth-amendment medical-care medical-treatment standing |
1. Whether continuous persistence in a course of treatment known to be
ineffective through a petitioner's complaints, while knowing or should've
kno… |
| 19-8042 |
Lewis Taylor Jr. v. Florida |
Florida |
2020-03-19 |
Denied |
Response WaivedIFP |
aedpa constitutional-claim constitutional-claims eighth-amendment federal-habeas federal-habeas-review merits-decision state-court-decision state-court-decisions state-court-interpretation supreme-court-review |
Whether the Florida Supreme Court erred in treating Virginia v. LeBlanc, 137 S. Ct. 1726 (2017) (per curiam), a case arising under federal habeas revi… |
| 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 |
Mr. Clark represented himself at trial because his lawyer planned to concede his guilt of second-degree murder. The Louisiana Supreme Court held the F… |
| 19-8011 |
James Anderson Dellinger v. Tennessee |
Tennessee |
2020-03-16 |
Denied |
Relisted (2)IFP |
atkins-v-virginia constitutional-mandate death-penalty due-process eighth-amendment intellectual-disability judicial-abdication legislative-inaction procedural-vehicle |
Mr. Dellinger has a full-scale I.Q. of 69; he never could read, write, figure out which restroom to use, buy bread, or measure a board. His adaptive d… |
| 19-7951 |
Rashad Taylor v. Florida |
Florida |
2020-03-10 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment eighth-amendment fourteenth-amendment juvenile-offender juvenile-sentencing mandatory-minimum mandatory-minimum-sentence miller-v-alabama |
1. Does imposition of a mandatory sentence of forty years on a juvenile convicted of a homicide -a sentence imposed pursuant to a statutory scheme tha… |
| 19-7880 |
Nathaniel Woods v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2020-03-05 |
Denied |
IFP |
arbitrary-and-capricious arbitrary-discrimination arbitrary-punishment death-penalty due-process eighth-amendment equal-protection execution-method nitrogen-hypoxia suppressed-information |
1. Does the Eighth Amendment apply only to imposition of a death sentence, as the Eleventh Circuit held, or may a petitioner challenge, as arbitrary a… |
| 19-7860 |
Robert Rowles v. GEO Group, Inc., et al. |
Eleventh Circuit |
2020-03-04 |
Denied |
IFP |
8th-amendment circuit-court civil-rights cost-cutting deliberate-indifference due-process eighth-amendment inmate inmate-rights judicial-discretion medical-treatment prison standing |
DID THE ELEVENTH CIRCUIT COURT OF APPEAL ABUSE ITS DISCRETION IN DENYING RELIEF ON THE LACK OF MEDICAL DIAGNOSIS AND TREATMENT
IS FAILING TO TREAT A … |
| 19-7862 |
Wesley Paul Coonce, Jr. v. United States |
Eighth Circuit |
2020-03-03 |
Denied |
Relisted (4)IFP |
atkins-v-virginia capital-punishment confrontation-clause eighth-amendment equal-protection fifth-amendment intellectual-disability moral-culpability sentencing-hearing |
1. Because the age at which a capital defendant became intellectually disabled does not bear on his moral culpability, did the Court of Appeals err in… |
| 19-7799 |
Desmond Baker v. Florida |
Florida |
2020-02-27 |
Denied |
IFP |
criminal-procedure eighth-amendment fourteenth-amendment juvenile-offender juvenile-offenders juvenile-sentencing life-sentence life-without-parole mandatory-sentencing parole sentencing-review |
Do the Eighth Amendment and Fourteenth Amendment to the United States juvenile homicide offender, who has certain nonhomicide felony convictions, to s… |
| 19-7807 |
Christopher Young v. Jose Boggio, et al. |
Third Circuit |
2020-02-27 |
Denied |
IFP |
constitutional-claim deliberate-indifference eighth-amendment ineffective-treatment intentional-mistreatment medical-care medical-need prisoner-rights serious-medical-need treatment |
1.) Whether the contention that an Eighth Amendment deliberate indifference
to serious medical need claim fails simply because the Plaintiff received… |
| 19-1054 |
Christa Gail Pike v. Gloria Gross, Warden |
Sixth Circuit |
2020-02-25 |
Denied |
Amici (1) |
cumulative-evidence death-penalty eighth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence prejudice strickland-standard strickland-v-washington |
1. Whether a defendant who asserts that trial counsel failed to present key evidence is precluded from showing prejudice under Strickland v. Washingto… |
| 19-7751 |
Christopher Michael Thrasher v. Alabama |
Alabama |
2020-02-24 |
Denied |
IFP |
eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-rule miller-v-alabama montgomery-precedent montgomery-v-louisiana procedural-hearing |
Following Miller v. Alabama, 567 U.S. 460 (2012), juvenile homicide offenders have been divided into two classes: (1) those who may not be sentenced t… |
| 19-7676 |
Robert Jackson v. Florida |
Florida |
2020-02-14 |
Denied |
Response WaivedIFP |
eighth-amendment graham-v-florida graham-vs-florida juvenile-sentencing life-imprisonment mandatory-sentencing miller-graham-rule miller-v-alabama miller-vs-alabama national-consensus parole scientific-evidence |
WHETHER EIGHTH AMENDMENT'S PROTECTION ESTABLISHED IN GRAHAM AND MILLER SHOULD BE EXPANDED BEYOND AGE CUTOFF AT EIGHTEEN TO PROHIBIT MANDATORY LIFE IMP… |
| 19-7624 |
Jerome Shaw v. United States |
Second Circuit |
2020-02-12 |
Rehearing |
Response WaivedRelisted (2)IFP |
acceptance-of-responsibility burden-of-proof criminal-procedure due-process eighth-amendment excessive-fines excessive-fines-clause fatico-hearing sentencing |
Whether the District Court violated Petitioner's Due Process
Rights when it erroneously found that the Government had
sustained its burden of proof … |
| 19-7626 |
Lonnie Rarden v. Ohio |
Ohio |
2020-02-12 |
Dismissed |
IFP |
cruel-and-unusual-punishment disproportionate-sentences due-process eighth-amendment non-violent-offense non-violent-offenses proportionality-review sentencing sentencing-disparity |
Is sentencing a defendant to a de facto life sentence for non-violent offenses fall within a violation of the eight amendment right of cruel and unusu… |
| 19-7594 |
Felix Lopez-Cabrera v. United States |
Second Circuit |
2020-02-07 |
Denied |
Response WaivedIFP |
8th-amendment age-of-culpability age-of-majority criminal-procedure cruel-and-unusual cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-sentence life-sentences national-consensus neuroscience |
Whether Supreme Court jurisprudence finding mandatory life sentences for juveniles cruel and unusual under the Eight Amendment, and non-mandatory life… |
| 19-994 |
Jeffrey Lance Hill, Sr. v. Leandra G. Johnson, et al. |
Eleventh Circuit |
2020-02-07 |
Denied |
Response WaivedRelisted (2) |
civil-procedure constitutional-challenge due-process eighth-amendment judicial-review rooker-feldman-doctrine standing state-agency-action state-agency-actions state-court-judgments |
Whether the United States Court of Appeals for the Eleventh Circuit violated the Due Process Clause when applying the Rooker-Feldman Doctrine to bar t… |
| 19-7565 |
Tyree Wright v. S. Alvarez, et al. |
Eleventh Circuit |
2020-02-05 |
Denied |
IFP |
8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference diagnostic-imaging due-process eighth-amendment inmate-rights medical-care medical-records prison-healthcare qualified-immunity |
1. While you are incarcerated in the Florida Department of Corrections (FDOC), how are you supposed to notify Medical of your prior medical history/he… |
| 19-7574 |
Luis Beltran v. United States |
Second Circuit |
2020-02-05 |
Denied |
Response WaivedIFP |
8th-amendment brain-development due-process due-process-clause eighth-amendment juvenile-defendants juvenile-sentencing mandatory-life-imprisonment proportionality proportionality-principle sentencing |
In Miller v. Alabama, 567 U.S. 460 (2012), and Montgomery v. Louisiana, 136 S. Ct. 718 (2016), this Court held that sentencing a juvenile defendant (i… |
| 19-7541 |
Richard Hurles v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2020-02-04 |
Denied |
IFP |
14th-amendment 8th-amendment capital-punishment death-penalty due-process eighth-amendment fourteenth-amendment judicial-bias judicial-ethics recusal right-to-fair-trial |
1. Are the Eighth and Fourteenth Amendments violated where a judge who has personally litigated against a defendant in the same case presides over his… |
| 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… |
| 19-7508 |
Jeffrey D. Leiser v. Karen Kloth, et al. |
Seventh Circuit |
2020-01-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
by triggering PTSD symptoms rise to a level that is cognizable under the Eigh that caused psychological harm civil-rights correctional-officer correctional-officer-duties due-process eighth-amendment emotional-distress inmate-rights intentional-infliction-of-emotional-distress psychological-harm ptsd qualified-immunity |
1. Does the intentional infliction of severe emotional distress, by triggering
PTSD symptoms, that caused psychological harm, rise to a level that is… |
| 19-948 |
Gene Rechtzigel v. Minnesota |
Minnesota |
2020-01-29 |
Denied |
|
civil-rights due-process eighth-amendment fifth-amendment first-amendment fourth-amendment government-action petition-clause sixth-amendment standing |
I. Did the Government deprive Petitioner the First Amendment Right "to petition the Government for a redress of grievances?"
II. Did the Government d… |
| 19-7455 |
Ronson Kyle Bush v. Tommy Sharp, Interim Warden |
Tenth Circuit |
2020-01-28 |
Denied |
IFP |
antiterrorism-act antiterrorism-and-effective-death-penalty-act certificate-of-appealability clearly-established-federal-law constitutional-standards death-penalty eighth-amendment federal-law fourteenth-amendment habeas-corpus habeas-review state-court-decisions state-court-review unreasonableness |
1. Whether the "clearly established Federal law" provision of the Antiterrorism
and Effective Death Penalty Act renders state court decisions categori… |
| 19-7456 |
Taurus Carroll v. Alabama |
Alabama |
2020-01-28 |
Denied |
IFP |
atkins-standard atkins-v-virginia brumfield-v-cain capital-punishment current-medical-standards eighth-amendment hall-v-florida intellectual-disability medical-standards moore-v-texas supreme-court-review |
Does the Alabama Supreme Court's continued reliance upon evidence that fails to adhere to current medical standards in rejecting Mr. Carroll's claim o… |
| 19-7418 |
Jody Gifford v. Florida |
Florida |
2020-01-27 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-sentence parole proportionality resentencing |
Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d… |
| 19-7437 |
Tony Sparks v. United States |
Fifth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment due-process fifth-circuit juvenile-offenders juvenile-sentencing life-without-parole miller-rule miller-v-alabama montgomery-retroactivity montgomery-v-louisiana retroactivity sentencing |
Whether the Fifth Circuit erred in concluding that the U.S. Supreme Court's decision in Miller v. Alabama, 567 U.S. 460 (2012), which was made retroac… |
| 19-922 |
Donnie Cleveland Lance v. Georgia |
Georgia |
2020-01-23 |
Denied |
|
capital-punishment dna-testing due-process eighth-amendment equal-protection extraordinary-motion fourteenth-amendment innocence-claim new-trial |
1. Was petitioner denied due process and equal protection under the Fourteenth Amendment by the state courts' imposition of extra-statutory requiremen… |
| 19-7369 |
David Keen v. Tennessee |
Tennessee |
2020-01-22 |
Denied |
Relisted (4)IFP |
atkins-ruling atkins-v-virginia constitutional-mandate cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability judicial-abdication legislative-inaction standing |
Does the Constitution permit Tennessee to evade the mandate of Atkins v. Virginia, 536 U.S. 304 (2002) by legislative inaction and judicial abdication… |
| 19-7277 |
Dora Moreira v. United States |
Eleventh Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process eighth-amendment excessive-fine ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct question-not-identified section-2255 sixth-amendment |
1-) IN A DEPARTURE FROM THE DUE PROCESS REQUIREMENT OF THE FIFTH AMENDMENT AND THE COMPULSORY PROCESS PROTECTION OF THE SIX AMENDMENT, 'DID THE UNITED… |
| 19-7284 |
Bobby Y. Wallace, Jr. v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-01-14 |
Denied |
Amici (1)Response WaivedIFP |
aedpa aedpa-deference certificate-of-appealability criminal-sentencing cruel-and-unusual-punishment eighth-amendment federalism gross-disproportionality habitual-offender insufficient-evidence jackson-standard jackson-v-virginia judicial-review no-evidence proportionality-review sentencing state-court-decisions |
The Supreme Court of Louisiana has a demonstrable, decades-long history of substituting in word and deed a "no evidence" standard for the "insufficien… |
| 19-7243 |
Joshua Wolf v. Cindy Griffith, Warden |
Eighth Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure eighth-amendment equal-protection fourteenth-amendment juvenile-offenders mandatory-life-without-parole mandatory-sentencing resentencing sentencing-procedures sixth-amendment |
Joshua Wolf has been serving an unconstitutional sentence since he was sentenced to mandatory life without parole for a homicide offense committed whe… |
| 19-7222 |
Timothy Richardson v. Edward Thomas, Warden |
Fourth Circuit |
2020-01-09 |
Denied |
IFP |
atkins-v-virginia death-penalty eighth-amendment federal-habeas federal-review habeas-corpus intellectual-disability rule-60(b) rule-60b state-law |
Timothy Richardson's death penalty case raises a significant issue of national importance: whether our criminal justice system tolerates the execution… |
| 19-7214 |
Gregory Brown v. Ellen Mace-Liebson, et al. |
Third Circuit |
2020-01-08 |
Denied |
Response WaivedIFP |
8th-amendment bivens bivens-action civil-rights deliberate-indifference due-process eighth-amendment intra-circuit-conflict medical-care medical-treatment pro-se summary-judgment |
WHETHER THE SITTING PANEL FOR THE THIRD CIRCUIT COURT OF APPEALS, PER-. CURIAM OPINION, AFFIRMING THE DISTRICT COURT'S ENTRY OF SUMMARY JUDGMENT. ON P… |
| 19-846 |
George Artem v. King County Department of Adult & Juvenile Detention, et al. |
Washington |
2020-01-06 |
Denied |
Response Waived |
civil-rights disability-law due-process eighth-amendment fourteenth-amendment mental-health procedural-due-process solitary-confinement |
Whether clearly established Eighth and Fourteenth Amendment and Federal Disability. Law permits jail officials to sanction inmates with mental health … |
| 19-7099 |
Paul David Storey v. Texas |
Texas |
2019-12-31 |
Denied |
IFP |
constitutional-violation death-penalty due-process eighth-amendment habeas-corpus intentional-concealment prosecutorial-misconduct state-court-review state-habeas |
Whether it violates due process for a state court to deny substantive review of a constitutional violation in a death penalty case, when the state hab… |
| 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… |
| 19-7027 |
Patrick T. Hughes v. Pennsylvania |
Pennsylvania |
2019-12-20 |
Denied |
Response WaivedIFP |
accomplice-liability confrontation-clause criminal-conspiracy criminal-homicide due-process eighth-amendment evidence reasonable-doubt |
I. Whether the evidence was sufficient to [sustain] a conviction of criminal homicide, criminal conspiracy to commit homicide where the Commonwealth f… |
| 19-7034 |
Charley Joe, Jr. v. United States |
Tenth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
circuit-split constitutional-vagueness eighth-amendment sentencing-guidelines unusual-vulnerability vagueness victim-exploitation victim-vulnerability vulnerable-victim |
Section 3A1.1(b) of the Sentencing Guidelines provides for a two-level increase where, "the defendant knew or should have known that a victim of the o… |
| 19-6982 |
Ernest Collins v. Barnes & Thornburg LLP, et al. |
Seventh Circuit |
2019-12-17 |
Denied |
Relisted (2)IFP |
1983-civil-rights-act case-review civil-procedure civil-rights due-process eighth-amendment excessive-fines federal-procedure fourteenth-amendment incorporation judicial-discretion qualified-immunity section-1691 standing statutory-interpretation |
DOES THE DISCRETIONARY FUNCTIONS EXCEPTIONS IN 28 U.S.C. 2680(a) APPLY WHEN THE ALLEGED RIGHTS
DOES THE "COMMITTED TO AGENCY DISCRETION" EXCEPTION IN… |
| 19-6922 |
Charles Edward Bates v. United States |
Sixth Circuit |
2019-12-13 |
Denied |
IFP |
8th-amendment civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process eighth-amendment excessive-fines excessive-punishment forfeiture sentencing |
1) Did the lower courts err in their interpretation even as Chuck Bates' offense did not result in substantial forfeiture? Courts interpretation Cond … |
| 19-719 |
Dami Hospitality, LLC v. Colorado Department of Labor and Employment, Division of Workers' Compensation |
Colorado |
2019-12-06 |
Denied |
|
ability-to-pay civil-rights constitutional-law criminal-fines criminal-procedure criminal-sentencing due-process eighth-amendment excessive-fines excessive-fines-clause proportionality sentencing |
How is an offender's ability to pay relevant in determining whether a fine is unconstitutional under Excessive Fines Clause of the Eighth Amendment? |
| 19-720 |
United States v. Riley Briones, Jr. |
Ninth Circuit |
2019-12-06 |
GVR |
Relisted (2) |
constitutional-law criminal-procedure discretionary-sentencing due-process eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment life-without-parole parole sentencing sentencing-discretion |
Whether Miller v. Alabama, which "h[e]ld that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of par… |
| 19-6862 |
Dalton Betsinger v. United States |
Eighth Circuit |
2019-12-05 |
Denied |
IFP |
categorical-approach circuit-split criminal-law eighth-amendment eighth-circuit fifth-circuit lowest-level-of-conduct state-law state-law-interpretation statutory-interpretation |
(1) Whether the Eighth Circuit properly considered the "lowest level of conduct" as required under this Court's precedent for the categorical approach… |
| 19-6811 |
Lamont Bernard Heard v. Rick Snyder, et al. |
Sixth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
categorical-rule developmental-characteristics eighth-amendment fixed-character life-without-parole mature-adults mitigating-factor national-census transitional-stage youth-offenders youthful-offender |
1. Should this Court afford Eighth Amendment protection to youthful
offenders based on this Coprt's own precedent and national
census that youth is … |
| 19-6813 |
Lenore Luann Albert v. State Bar of California |
California |
2019-12-03 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law due-process eighth-amendment equal-protection excessive-fines legal-costs license license-suspension reinstatement state-bar state-bar-costs |
Whether the California State Bar's conditional suspension that conditions the time suspended to payment of State Bar costs and other amounts ordered d… |
| 19-697 |
James Dwight Pavatt v. Tommy Sharp, Interim Warden |
Tenth Circuit |
2019-12-03 |
Denied |
Amici (2) |
aggravating-factor aggravating-factors arbitrary-application capital-punishment capital-punishment-sentencing capital-sentence cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment habeas-corpus procedural-bar procedural-ruling |
A divided panel of the Tenth Circuit, sitting en banc, vacated a panel opinion that reversed a capital sentence on the ground that the sentence rested… |
| 19-6710 |
Thomas Franklin Bowling v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2019-11-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review case-mootness due-process eighth-amendment juvenile-offender juvenile-offenders mootness munsingwear-doctrine parole parole-board vacatur |
This Court has consistently recognized that when a prevailing party's unilateral action renders a case moot before appellate review concludes, the pro… |
| 19-6688 |
Robert Joseph Fisher v. United States |
Eighth Circuit |
2019-11-20 |
Denied |
IFP |
categorical-approach circuit-split eighth-amendment eighth-circuit fifth-circuit lowest-level-of-conduct rule-of-lenity state-law statutory-interpretation |
Whether the Eighth Circuit properly considered the "lowest level of
conduct" as required under this Court's precedent for the categorical approach, an… |
| 19-6677 |
Justin Scott Vasey v. United States |
Eighth Circuit |
2019-11-19 |
Denied |
IFP |
categorical-approach circuit-split criminal-law criminal-sentencing eighth-amendment eighth-circuit legal-interpretation lowest-level-of-conduct state-law statutory-construction statutory-interpretation |
Whether the Eighth Circuit properly considered the "lowest level of conduct" as required under this Court's precedent for the categorical approach, an… |
| 19-641 |
Colorado Department of Labor and Employment, Division of Workers' Compensation v. Dami Hospitality, LLC |
Colorado |
2019-11-18 |
Denied |
|
8th-amendment ability-to-pay civil-procedure constitutional-interpretation corporate-liability corporations due-process eighth-amendment excessive-fines regulatory-enforcement state-law takings workers-compensation |
Whether the Eighth Amendment's Excessive Fines Clause applies to corporations as it does individuals and, if so, whether and to what extent it require… |
| 19-6594 |
David Ingraham v. Florida |
Florida |
2019-11-13 |
Denied |
Relisted (2)IFP |
violate the principals of due-process constitutional-fairness due-process eight-amendment eighth-amendment judicial-integrity juvenile-offenders parole stare-decisis supreme-court-precedent |
(1). Does the decision of the Florida Supreme Court in overturning its previous
decision deciding a Federal Constitutional question, violate the prin… |
| 19-6583 |
Patrick Killen, Jr. v. United States |
Eleventh Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment eleventh-circuit graham-v-florida gross-disproportionality proportionality sentencing statutory-limits |
I. What is the proper analysis to determine whether there is a threshold showing of an inference of gross disproportionality on an Eighth Amendment cl… |
| 19-6523 |
Pasqual Andres McMurry v. Nevada |
Nevada |
2019-11-07 |
Denied |
IFP |
civil-procedure civil-rights due-process eighth-amendment equal-protection excessive-fines fourteenth-amendment incorporation standing takings |
Why was Counsel for the Petitioner allowed to withdraw prematurely when a request to the filing advocate for a Writ of Justiciare was made? |
| 19-6479 |
In Re Charles Russell Rhines |
|
2019-11-01 |
Denied |
IFP |
capital-punishment death-penalty due-process eighth-amendment habeas-corpus juror-bias sexual-orientation |
Should this Court exercise its original habeas jurisdiction to transfer this petition to the district court for a hearing regarding Petitioner's subst… |
| 19-6380 |
Emerson L. Beverly v. Sherry L. Burt, Warden |
Sixth Circuit |
2019-10-24 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment criminal-procedure due-process eighth-amendment fair-trial fair-trial-14th-amendment fair-trial-6th-amendment fourteenth-amendment prosecutorial-misconduct red-herring sentencing-review sixth-amendment |
I. DID THE PROSECUTOR 'S REPEATED REFERENCE TO PETITIONER 'S
DEFENSE AS A "RED HEARING " CONSTITUTE MISCONDUCT THEREBY
DENYING PETITIONER A FAIR TRI… |
| 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 under the Fifth and Fourteenth Amendments and right to a jury trial under the Sixth and Fourteenth Amendment… |
| 19-6329 |
Jackie Lee Boyd v. Carol Monroe, et al. |
Fifth Circuit |
2019-10-22 |
Denied |
Response WaivedRelisted (2)IFP |
8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment cruel-treatment deliberate-indifference due-process eighth-amendment incarceration medical-care prison-conditions |
(1) Is a constitutional right to be free of the wanton infliction of
sei pain rendered void upon incarceration?
(2) Is the denial of life sustaining … |
| 19-514 |
Nikko A. Jenkins v. Nebraska |
Nebraska |
2019-10-21 |
Denied |
Amici (3)Relisted (3) |
capital-sentencing death-penalty eighth-amendment fourteenth-amendment mental-health mental-illness mitigating-evidence sixth-amendment solitary-confinement |
(1) Whether the sentencing court violated the requirement of the Eighth and Fourteenth Amendment that capital sentencers give meaningful consideration… |
| 19-6254 |
Christopher T. Shanahan v. Idaho |
Idaho |
2019-10-11 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-law cruel-and-unusual-punishment eighth-amendment equal-protection juvenile-sentencing life-sentence mitigating-factors parole parole-eligibility |
1. Does a juvenile life sentence, with parole eligibility after a lengthy term for years, in a state with no guarantee that the mitigating qualities o… |
| 19-6260 |
Craig Cross v. Florida |
Florida |
2019-10-11 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-law criminal-sentencing cruel-and-unusual-punishment due-process juvenile-sentencing precedent retroactivity state-supreme-court supreme-court-precedent |
Did the Florida Supreme Court violate Graham v. Florida, 560 U.S. 48, 130 S. Ct. 2011, 176 L. Ed. 2d 825 (2010), Miller v. Alabama, 567 U.S. 460, 132 … |
| 19-443 |
Charles G. Kinney v. Philip S. Gutierrez, Judge, United States District Court for the Central District of California |
Ninth Circuit |
2019-10-03 |
Denied |
Response Waived |
access-to-courts bivens bivens-claim cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment excessive-fines obstruction-of-justice vexatious-litigant |
A Bivens case allows a private individual to seek damages from an individual federal officer for unconstitutional conduct (e.g. 8th Amendment). Ziglar… |
| 19-6130 |
George W. Fisher v. John Gregory Mermelstein, et al |
Eighth Circuit |
2019-10-03 |
Denied |
IFP |
1st-amendment civil-rights cruel-and-unusual-punishment disability due-process eighth-amendment equal-protection free-speech media-access medical-treatment prison prisoner-rights state-liability |
Question not identified. |
| 19-6148 |
Cornelius Lorenzo Wilson v. Dennis Grimes, et al. |
Fifth Circuit |
2019-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights due-process eighth-amendment medical-care monell-doctrine monell-liability municipal-jail municipal-liability prison-conditions prisoner-rights serious-medical-need systemic-underfunding |
1. Does systemic underfunding and understaffing of a municipal jail that knowingly causes significant delays for prisoners receiving access to outside… |
| 19-6136 |
Thomas A. Bias v. Jimmy Martin, Warden |
Tenth Circuit |
2019-10-02 |
Denied |
IFP |
constitutional-rights due-process eighth-amendment fourteenth-amendment juvenile-sentencing juvenile-sentencing,eighth-amendment,fourteenth-am life-imprisonment miller-v-alabama montgomery-v-louisiana supreme-court-precedent |
IS THE STATE OF OKLAHOMA UNCONSTITUTIONALLY IMPOSING
CONTINUED IMPRISONMENT ON JUVENILE 'S SENTENCED TO LIFE, IN
DISREGARD OF THE UNITED STATES SUPREM… |
| 19-6092 |
Jonothan E. Prather v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2019-10-01 |
Denied |
IFP |
14th-amendment 8th-amendment constitutional-rights cruel-and-unusual-punishment eighth-amendment equal-protection fourteenth-amendment juvenile-sentencing miller-v-alabama montgomery-v-louisiana petition-timeliness retroactivity timeliness |
I - The lower courts and the respondents claim that the Petitioner's petition is
untimely and should be dismissed as such.
II - The lower courts and … |
| 19-6061 |
Phillip Jones v. Ohio |
Ohio |
2019-09-25 |
Denied |
IFP |
capital-case capital-punishment due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel mitigation-investigation sixth-amendment strickland-v-washington |
Whether, pursuant to Strickland v. Washington, 466 U.S. 668 (1984) and its progeny, trial counsel is ineffective in a capital case when counsel conduc… |
| 19-366 |
Walter C. Lange v. Commissioner of Internal Revenue |
Fifth Circuit |
2019-09-19 |
Denied |
Response Waived |
due-process eighth-amendment excise fifth-amendment first-amendment income-tax indirect-tax tax-code title-26 vagueness |
Whether the income tax under Title 26 of the U.S. Code is an indirect tax and therefore exclusively an excise, duty or impost arising from the exercis… |
| 19-6006 |
Nicholas Wilkerson v. Alabama |
Alabama |
2019-09-19 |
Denied |
Response RequestedRelisted (2)IFP |
8th-amendment constitutional-rights criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama rehabilitation sentencing sentencing-hearing |
The Eighth Amendment prohibits life-without-parole sentences for all but the rarest juvenile s who exhibit a lack of rehabilitative potential due thei… |
| 19-5996 |
Michael J. W. Potter v. United States |
Sixth Circuit |
2019-09-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment life-imprisonment mandatory-minimum mandatory-sentencing sentencing |
Whether entry of a mandatory sentence of life imprisonment violated Appellant's rights under the Eighth Amendment to the United States Constitution. |
| 19-5927 |
Cuitlahuac Tahua Rivera v. California |
California |
2019-09-13 |
Denied |
IFP |
constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to… |
| 19-5932 |
Chavez Myers v. United States |
District of Columbia |
2019-09-13 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights comprehensive-youth-justice-amendment-act criminal-procedure due-process eighth-amendment habeas-corpus ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama montgomery-v-louisiana standing youth-reform-act |
Question not identified. |
| 19-5864 |
Brandon Jones v. Illinois |
Illinois |
2019-09-09 |
Denied |
IFP |
civil-procedure civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment free-speech incorporation standing takings |
Question not identified. |
| 19-5870 |
Shakeem Heratio Crawford v. United States |
Fourth Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
career-offender civil-rights criminal-justice criminal-law criminal-procedure due-process eighth-amendment ex-post-facto first-step-act parole retroactivity sentencing sentencing-retroactivity statutory-interpretation |
Did the Judge Abuse his Discrection under He sth Amendment Due procecc clause by Cotegorically Dening all career orfenders when he stated that career … |
| 19-5877 |
Damion D. Faulkner v. United States |
Sixth Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment judicial-discretion proportionality proportionality-review sentencing sentencing-disparities sentencing-guidelines sentencing-reasonableness sex-offense sex-offenses substantive-due-process |
Is it substantively unreasonable to impose an effective sentence of life on a 30-year-old defendant who committed a "reprehensible" sex offense that c… |
| 19-5859 |
Edward Wesby v. Florida |
Florida |
2019-09-06 |
Denied |
Response WaivedIFP |
constitutional-rights due-process eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment miller-standard miller-v-alabama parole parole-eligibility |
Whether Florida's current parole system provides a meaningful opportunity for release to juvenile offenders sentenced to life imprisonment with eligib… |
| 19-5839 |
Randall Wayne Mays v. Texas |
Texas |
2019-09-05 |
Denied |
IFP |
competency cruel-and-unusual-punishment death-penalty delusions due-process eighth-amendment ford-hearing junk-science lay-stereotypes mental-competency mental-illness panetti-v-quarterman |
1. May a state court rely on junk science and lay stereotypes of the severely mentally ill to adjudicate a Ford claim ?
2. If an inmate acknowledges … |
| 19-298 |
Fernando Juarez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-04 |
Denied |
|
criminal-procedure cruel-and-unusual-punishment de-facto-life-without-parole eighth-amendment ex-post-facto ex-post-facto-clause fourteenth-amendment habeas-corpus juvenile-sentencing miller-v-alabama sentencing-hearing sentencing-law |
In the context of 28 U.S.C. § 2254(d), which allows a n application for a writ of habeas corpus on behalf of a person in custody under a state -court … |
| 19-5776 |
Benjamin R. Schwarz v. Erwin Meinberg, et al. |
Ninth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
affidavit assets bivens-claim civil-procedure civil-rights constitutional-rights due-process eighth-amendment federal-inmate financial-disclosure free-speech in-forma-pauperis liabilities prison-conditions standing takings ziglar-precedent |
1. Is there a federal right, under the Eighth Amendment to the U.S. Constitution and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 4… |
| 19-5762 |
Stevrick Tavah Jackson v. Florida |
Florida |
2019-08-30 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus life-sentence parole sentencing twenty-one |
Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d… |
| 19-264 |
Brandon Kelly, Superintendent, Oregon State Penitentiary v. Lydell Marcus White |
Oregon |
2019-08-29 |
Dismissed |
Response RequestedRelisted (4) |
8th-amendment constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing mandatory-sentences miller-v-alabama non-mandatory-sentence non-mandatory-sentences |
Respondent received a 67-year non-mandatory sentence 25 years ago, when he was 15 years old, for the murder of an elderly couple.
Does the Eighth Ame… |
| 19-265 |
Brandon Kelly, Superintendent, Oregon State Penitentiary v. Laycelle Tornee White |
Oregon |
2019-08-29 |
Dismissed |
Response RequestedRelisted (4) |
8th-amendment constitutional-law criminal-procedure criminal-sentencing eighth-amendment juvenile-offenders juvenile-sentencing mandatory-sentences miller-v-alabama non-mandatory-sentence non-mandatory-sentences sentencing |
Respondent received a 67-year non-mandatory sentence 25 years ago, when he was 15 years old, for the murder of an elderly couple.
Does the Eighth Ame… |
| 19-5752 |
Jimmie Kyle Anderson v. Texas |
Texas |
2019-08-29 |
Denied |
IFP |
8th-amendment apprendi-rule cruel-and-unusual-punishment disproportionate-sentences eighth-amendment public-safety sentencing sex-offender-law sex-offenders |
1. Does the public safety interest in incapacitating and deter
ring certain types of sex offenders with extremely long
sentences run afoul of the 8t… |
| 19-247 |
City of Boise, Idaho v. Robert Martin, et al. |
Ninth Circuit |
2019-08-26 |
Denied |
Amici (20)Relisted (2) |
8th-amendment civil-rights constitutional-law cruel-and-unusual-punishment eighth-amendment homeless-rights homelessness local-government-powers local-government-regulation public-camping public-health-and-safety |
Like many cities and towns across the country, the City of Boise, Idaho regulates camping and sleeping in public spaces to ensure that these areas rem… |
| 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… |
| 19-235 |
Richard Jordan, et al. v. Virginia Department of Corrections |
Fourth Circuit |
2019-08-22 |
Denied |
|
burden-of-proof civil-rights corrections-department death-penalty discovery discovery-rights due-process eighth-amendment glossip-standard glossip-v-gross lethal-injection method-of-execution section-1983 standing |
1. Whether the burden of proof demanded by Glossip in method-of-execution challenges requires commensurately broad discovery rights to provide plainti… |
| 19-5672 |
Gary Ray Bowles v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-08-22 |
Denied |
IFP |
28-usc-2244 capital-punishment cruel-and-unusual-punishment death-penalty due-process eighth-amendment habeas-corpus intellectual-disability procedural-obstacles |
Gary Ray Bowles is an intellectually disabled man on Florida's death row. Despite this Court's holding in Atkins v. Virginia, 536 U.S. 304, 321 (2002)… |
| 19-5649 |
Terry Lee O'Brien v. Carla Hacker-Agnew, Warden, et al. |
Ninth Circuit |
2019-08-21 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights deliberate-indifference due-process eighth-amendment medical-negligence national-uniformity obstruction-of-justice prison-conditions standing statutory-interpretation |
To what degree for interpretation of a constitution, statute, rule and regulation is a question of law for consideration by the Supreme Court is neces… |
| 19-5653 |
Edward Lee Busby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-21 |
Denied |
IFP |
28-usc-2254 adjudication-on-the-merits atkins-claim due-process due-process-clause eighth-amendment federal-constitutional-claim federal-law habeas-corpus intellectual-disability standard-of-review state-court state-court-review |
1. When a state habeas court denies a petitioner relief on a federal constitutional claim his claim by imposing a higher burden than is required by fe… |
| 19-5617 |
Gary Ray Bowles v. Florida, et al. |
Florida |
2019-08-16 |
Denied |
Amici (2)IFP |
death-penalty due-process eighth-amendment eighth-amendment-prohibition execution-risk florida-supreme-court intellectual-disability procedural-bar standing state-procedural-bar state-procedure unacceptable-risk |
1. Can a state procedural bar override the Eighth Amendment prohibition against executing the intellectually disabled?
2. Does the Rodriguez procedur… |
| 19-195 |
Robert Ryan Snyder v. California |
California |
2019-08-14 |
Denied |
|
8th-amendment civil-rights cruel-and-unusual-punishment deprivation-of-necessities due-process eighth-amendment fourteenth-amendment judicial-deference lockdown lockdown-procedures prison-conditions retaliation |
1. Has California 's justice system forgotten what
was taught by this Court 's holding in Wilson v. Seiter
[501 U.S. 294 (1991)]. (Regarding 8th Ame… |
| 19-5558 |
Frank Stephon Johnson v. Correct Care Solutions, et al. |
Fourth Circuit |
2019-08-12 |
Denied |
Response WaivedIFP |
14th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-care medical-conditions punishment |
was the defendonts conduct de\ therately ,Pucposely Knowing nd cbjecluely yu intera' in Respect to Vv ialating Johnson rcHottonal Vio S Fourteen 1 Ame… |
| 19-5560 |
Cecil McDonald Davis v. United States, et al. |
Fifth Circuit |
2019-08-12 |
Denied |
Response WaivedIFP |
8th-amendment bivens bivens-action bivens-claim certificate-of-appealability civil-procedure civil-rights deliberate-indifference due-process eighth-amendment medical-claim |
1.) Whether the District Court in denying the Petitioner medical claim under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. … |
| 19-5561 |
Stephen Michael West v. Tony Parker, Commissioner, Tennessee Department of Correction, et al. |
Sixth Circuit |
2019-08-12 |
Denied |
IFP |
8th-amendment bucklew-standard bucklew-v-precythe civil-procedure civil-rights due-process eighth-amendment lethal-injection method-of-execution res-judicata section-1983 standing |
When an inmate's § 1983 challenge to a state's method of execution meets the timeliness and pleading requirements of this Court's decision in Bucklew,… |
| 19-5540 |
Thomas Edward Wright v. United States |
Fourth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
8th-amendment civil-procedure civil-rights constitutional-claims due-process eighth-amendment judicial-discretion sentencing sentencing-guidelines special-assessment standing statutory-interpretation |
Did the United States Court of Appeals for the Fourth Circuit err in granting the government's motion to dismiss by denying the Petitioner the ability… |
| 19-5508 |
Carlin U. Powell v. Medical Department Cuyahoga County Correctional Center, et al. |
Sixth Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
14th-amendment 8th-amendment ableism ambleism cruel-and-unusual-punishment cruel-unusual-punishment deliberate-indifference eighth-amendment fourteenth-amendment interstate-agreement-on-detainers medical-neglect |
(I) Did the Medical Department of Cuyahoga County
Correctional Center et al., violate Plaintiff-Appellant
Carlin U. Powell 's VIII, XIV Amendments to … |
| 19-5525 |
Erika Jacobs v. Atlanta Police Department, et al. |
Eleventh Circuit |
2019-08-08 |
Denied |
IFP |
civil-procedure civil-rights constitutional-challenge criminal-offense cruel-unusual-punishment due-process eighth-amendment homeless-rights judicial-conspiracy malice police-misconduct standing state-law |
Is this case presenting issues of importance beyond the particuler falts and parties inudved? well does a case of judicia consinyad malie o overt Hhe … |
| 19-5528 |
Robert Anthony Chester v. West Virginia |
West Virginia |
2019-08-08 |
Denied |
Response WaivedIFP |
co-defendant co-defendants constitutional-proportionality criminal-sentencing cruel-and-unusual-punishment disparate-sentencing disproportionate-sentencing eighth-amendment equal-protection first-degree-robbery sentencing sentencing-disparity |
Was Petitioner's One Hundred Eighty Year Sentence For His Conviction Of Two Counts Of First Degree Robbery Disparate To The Twenty Year Sentence Impos… |
| 19-5487 |
Martin Anthony Nino v. United States |
Ninth Circuit |
2019-08-07 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
violate due-process|civil-rights|8th-amendment|ba without an individualized determination of necess bail-reform-act civil-rights competency-restoration confinement due-process eighth-amendment mental-health |
(1) Does automatic confinement for competency restoration, without an individualized determination of whether confinement is necessary, violate due pr… |
| 19-5493 |
David Ray Taylor v. Oregon |
Oregon |
2019-08-07 |
Denied |
IFP |
8th-amendment death-penalty due-process eighth-amendment execution-moratorium extrajudicial-information juror-misconduct jury-instructions moratorium standing state-action voir-dire |
First Question Presented: The Eighth Amendment bars a jury from imposing a death sentence if it "has been led to believe that the responsibility for d… |
| 19-173 |
Jonathan Quinn, Individually and as Guardian ad Litem for H. Q., a Minor Child, et al. v. Truck Insurance Exchange, et al. |
South Dakota |
2019-08-07 |
Denied |
Response Waived |
civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation term-1 term-2 term-3 term-4 term-5 term-6 |
Question not identified. |
| 19-5431 |
DeAndre Cherry v. United States |
Seventh Circuit |
2019-08-01 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights due-process effective-assistance-of-counsel eighth-amendment exclusionary-rule fifth-amendment fourth-amendment fourth-amendment-violation probable-cause search search-and-seizure vehicle-search |
Was the petitioner's Fourth Amendment right infringed upon when the officers conducted an illegal search of his vehicle absent probable cause? |
| 19-5420 |
Kendrick Terrell v. United States |
Eleventh Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error prior-charges sentence-enhancement sentencing sentencing-calculation sentencing-guidelines sixth-amendment |
Whether the Petitioner's Sixth Amendment Rights were violated |
| 19-5364 |
In Re Carl A. Courtright, III |
|
2019-07-26 |
Denied |
Response WaivedIFP |
Abuse-of-discretion access-to-courts civil-procedure civil-rights court-access due-process eighth-amendment excessive-fines first-amendment judicial-discretion pro-se pro-se-litigant sanctions |
Did the Seventh Circuit Court of Appeals abuse its discretion in ordering a $500 sanction against a pro se indigent petitioner? |
| 19-5292 |
Franky Joseph v. Florida |
Florida |
2019-07-23 |
Denied |
Relisted (2)IFP |
constitutional-review due-process eighth-amendment federal-constitutional-claim judicial-integrity leblanc leblanc-v-virginia merits-adjudication state-v-michel state-vs-michel supreme-court-interpretation |
Whether the Florida Supreme Court's decision infringes on the petitioner's constitutional right to meaningful review of their federal constitutional c… |
| 19-5244 |
Larry David Davis v. Brian Daniel, et al. |
Eighth Circuit |
2019-07-19 |
Denied |
IFP |
civil-rights confession-admissibility constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment equal-protection evidence-tampering habeas-corpus sentencing standing trial-fairness |
Whether the petitioner's conviction and sentence violate the Eighth Amendment's prohibition on cruel and unusual punishment |
| 19-91 |
Michele Buckner, Warden v. Robert W. Allen |
Missouri |
2019-07-18 |
Denied |
|
consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus habeas-relief juvenile-offender juvenile-sentencing life-without-parole parole-eligibility |
Whether a State may sentence a juvenile offender convicted of multiple crimes to multiple consecutive terms of years in prison under which the offende… |
| 19-5191 |
Kenneth Byron Davenport v. Pennsylvania |
Pennsylvania |
2019-07-15 |
Denied |
Response WaivedIFP |
age-determination criminal-procedure individualized-sentencing juvenile-offenders juvenile-sentencing mental-disability mental-health mental-health-and-mental-retardation-act mental-illness miller-v-alabama post-conviction-relief post-conviction-relief-act schizophrenia |
Does the legal 'right' recognized in Miller v. Alabama include all substantive components necessary to its creation, including the well-established ra… |
| 19-5108 |
Donald Covington v. United States |
Fourth Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-claims due-process eighth-amendment excessive-fines fourth-circuit sentencing sentencing-guidelines special-assessments standing statutory-claims |
Did the United States Court of Appeals for the Fourth Circuit err in denying the Petitioner the ability to have his substantive constitutional, statut… |
| 19-5112 |
Rafael Jacob Stoffel v. Florida |
Florida |
2019-07-09 |
Denied |
Response WaivedIFP |
constitutional-law cruel-and-unusual-punishment eighth-amendment juvenile-victim mandatory-minimum mandatory-minimum-sentence sentencing sentencing-guidelines sexual-assault sexual-offense sexual-offenses |
Whether a minimum mandatory sentence of twenty-five years' imprisonment imposed for the offense of touching a minor's breast violates the prohibition … |
| 19-57 |
Donald Dewees v. United States |
District of Columbia |
2019-07-09 |
Denied |
Response Waived |
administrative-procedure due-process eighth-amendment equal-protection excessive-fines international-tax international-taxation streamlined-filing-compliance-procedures tax-assessment tax-collection tax-compliance tax-convention tax-penalties |
Did the lack of a meaningful review of the assessment and collection of a tax under the Convention violate Dewees' right to due-process? |
| 19-5062 |
Henry Lee Jones v. Tennessee |
Tennessee |
2019-07-03 |
Denied |
IFP |
capital-punishment confrontation-clause due-process eighth-amendment fourteenth-amendment Hearsay sixth-amendment witness-testimony |
Did depriving the Petitioner of his ability to confront and cross-examination the key evidence at his capital trial violate the Sixth, Eighth, and Fou… |
| 19-26 |
Darlene Collins, et al. v. Charles W. Daniels, et al. |
Tenth Circuit |
2019-07-02 |
Denied |
Response WaivedRelisted (2) |
bail-reform constitutional-rights due-process eighth-amendment judicial-immunity legislative-immunity new-mexico-constitution sovereign-immunity |
Was the application of legislative immunity to actions of the New Mexico Courts to legislate policy outside of the authorities granted to them by the … |
| 19-5030 |
Michael D. Mathew v. Ohio |
Ohio |
2019-07-01 |
Denied |
IFP |
civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing |
Whether the twenty-one year sentence imposed by the state trial court violated the Eighth Amendment ban on cruel and unusual punishments? |
| 18-9838 |
Cedric Floyd v. Alabama |
Alabama |
2019-06-27 |
Denied |
IFP |
capital-case capital-punishment death-penalty eighth-amendment fifth-amendment remorse right-to-remain-silent |
Whether the Fifth and Eighth Amendments are violated when the State argues for a death sentence based on the defendant's failure to express remorse in… |
| 18-1585 |
Kassim M. Nagi v. Louisiana |
Louisiana |
2019-06-27 |
GVR |
Response RequestedResponse WaivedRelisted (3) |
8th-amendment controlled-substances cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment first-time-offender lockyer-v-andrade money-laundering proportionality proportionality-test racketeering sentencing solem-v-helm |
Whether a 90-year consecutive sentence for a 33-year-old first-time offender violates the Eighth Amendment's prohibition on cruel and unusual punishme… |
| 18-1586 |
Scott Lynn Gibson, aka Vanessa Lynn v. Brian Collier, et al. |
Fifth Circuit |
2019-06-27 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment individualized-medical-evaluation life-threatening-medical-need life-threatening-need medical-treatment new-treatment prison-healthcare prisoner-rights transgender-rights universal-medical-acceptance |
Whether an Eighth Amendment claim for deliberate indifference to a prisoner's life-threatening medical need can be disposed of without any individuali… |
| 18-1572 |
Matthew D. Priset v. Pennsylvania |
Third Circuit |
2019-06-25 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
8th-amendment constitutional-law criminal-sentencing cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment life-sentence mandatory-minimum mandatory-minimum-sentence mental-illness sentencing |
Does a mandatory minimum life sentence for one convicted under the guilty-but-mentally-ill designation constitute cruel and unusual punishment? |
| 18A1349 |
Pennsylvania v. Milton Montalvo |
Pennsylvania |
2019-06-21 |
Presumed Complete |
|
capital-sentencing death-penalty eighth-amendment ineffective-assistance jury-recommendation mental-health-mitigation |
Whether a prosecutor's and trial court's statements characterizing a jury's capital sentencing verdict as a mere 'recommendation' constitute a violati… |
| 18-9737 |
Laquan L. Kellam v. United States |
Third Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
constitutional-interpretation criminal-procedure eighth-amendment eighth-amendment-rights expert-witness-testimony fifth-amendment fifth-amendment-rights fourteenth-amendment fourteenth-amendment-rights fourth-amendment fourth-amendment-rights procedural-error search-and-seizure sixth-amendment sixth-amendment-rights statutory-interpretation warrantless-arrest |
Did the United States Court of Appeals for the Third Circuit abuse its discretionary, broadly-based authority of interpretation, thus, violating petit… |
| 18-9745 |
Marion Wilson, Jr. v. Georgia |
Georgia |
2019-06-20 |
Denied |
IFP |
capital-case capital-punishment dna-testing due-process eighth-amendment equal-protection forensic-evidence procedural-issues procedural-safeguards |
Whether the state court's refusal to provide a hearing mandated by Georgia's DNA statute denied due process |
| 18-9746 |
Marion Wilson, Jr. v. Benjamin Ford, Warden |
Georgia |
2019-06-20 |
Denied |
IFP |
capital-case criminal-procedure death-penalty due-process eighth-amendment fair-trial intent jury-instructions prosecutor-misconduct prosecutorial-misconduct standing |
Are due process and the Eighth Amendment violated when a prosecutor knowingly argues falsehoods about the defendant's culpable acts in order to incite… |
| 18-9714 |
John Stephen Routt v. Latanya Howard, et al. |
Tenth Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
8th-amendment civil-procedure civil-rights conditions-of-confinement constitutional-rights disciplinary-segregation due-process eighth-amendment elder-v-holloway pretrial-detention qualified-immunity standing |
Is a Defendant entitled to qualified immunity when a Petitioner cites the 'squarely governing' case through a quote of a case with similar facts? |
| 18-9615 |
Shawn Russell Sorensen v. United States |
Eighth Circuit |
2019-06-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal conflict-among-courts-of-appeals drug-felony drug-felony-offenses drug-offenses eighth-amendment first-step-act mandatory-minimum sentencing sentencing-enhancement simple-possession |
Whether petitioner's prior simple possession drug convictions under Arizona and South Dakota state law qualify as 'prior drug felony offenses' under 2… |
| 18-9626 |
In Re Rexford Tweed |
|
2019-06-11 |
Dismissed |
IFP |
capital-punishment constitutional-violation due-process due-process,eighth-amendment,florida-constitution, eighth-amendment habeas-corpus indefinite-sentence life-sentence minimum-mandatory parole parole-eligibility sentencing-statute |
Whether petitioner's Florida capital life prison sentence with a 25-year minimum mandatory followed by eligibility for parole under Florida Statute §7… |
| 18-9586 |
Jovan Watkins v. Robert Green, Secretary, Maryland Department of Public Safety and Correctional Services, et al. |
Fourth Circuit |
2019-06-07 |
Denied |
IFP |
8th-amendment civil-procedure civil-rights due-process eighth-amendment medical-care medical-need policy-procedures prison-conditions standing |
Did the court of appeals err in not reviewing the lower court's decision by finding that the petitioner lacked standing to appeal |
| 18-1523 |
Michael Gannon v. City of Eugene, Oregon |
Oregon |
2019-06-07 |
Denied |
Response Waived |
1st-amendment 5th-amendment 8th-amendment constitutional-rights due-process eighth-amendment first-amendment free-speech liberty-interest proportionality public-forum public-university |
Do the First Amendment's protections to public streets as the archetype of a traditional public forum extend to city and state public streets and publ… |
| 18-9564 |
Brian Suniga v. Texas |
Texas |
2019-06-06 |
Denied |
IFP |
death-penalty due-process eighth-amendment jury-instructions mitigation-evidence moral-blameworthiness tennard-v-dretke tex-code-crim-proc-art-37-071-section-2-f-4 |
Whether the Texas death penalty statute, which limits the scope of mitigating evidence to that which reduces the defendant's 'moral blameworthiness,' … |
| 18-9576 |
Alvin Weekly v. United States |
Eighth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
actual-innocence blockburger-v-united-states cruel-and-unusual-punishment double-jeopardy eighth-amendment extraordinary-circumstances rule-60(b) rule-60b sentencing-review |
Does the Court of Appeals commit clear error when declining to hear a defendant's claim of serving an unlawful sentence in violation of the Constituti… |
| 18-9558 |
Oladimeji Ayelotan v. United States |
Fifth Circuit |
2019-06-05 |
Denied |
Response WaivedIFP |
8th-amendment conspiracy constitutional-rights criminal-procedure due-process eighth-amendment jury-selection sentencing shackling |
Whether the United States Court of Appeals for the Fifth Circuit erred |
| 18-9549 |
Mauricio Lucas-Lopez v. Tony Trierweiler, Warden |
Sixth Circuit |
2019-06-04 |
Denied |
Response WaivedIFP |
constitutional-law cruel-and-unusual-punishment disproportionate-sentence eighth-amendment federal-court-decisions federal-courts guidance-needed mandatory-minimum mandatory-minimum-sentence proportionality sentencing sentencing-guidelines |
Is petitioner's twenty-five year mandatory minimum sentence disproportionate to the offense committed violating the Eighth Amendment prohibition again… |
| 18A1257 |
United States v. Richard D. Collins |
Armed Forces |
2019-06-04 |
Presumed Complete |
|
criminal-prosecution eighth-amendment military-justice rape retroactive-application statute-of-limitations |
Whether a 2006 amendment to the Uniform Code of Military Justice allowing prosecution of rape without a statute of limitations can be applied retroact… |
| 18A1263 |
Keith D. Nelson v. United States |
Eighth Circuit |
2019-06-04 |
Presumed Complete |
|
capital-sentencing certificate-of-appealability constitutional-standards death-penalty eighth-amendment ineffective-assistance |
Whether the Eighth Amendment and standards for ineffective assistance of counsel require a new sentencing hearing when trial counsel's performance fal… |
| 18A1264 |
City of Boise v. Robert Martin, et al. |
Ninth Circuit |
2019-06-04 |
Presumed Complete |
|
criminal-punishment cruel-and-unusual eighth-amendment homelessness public-spaces shelter-availability |
Whether the Eighth Amendment prohibits a city from enforcing public camping and sleeping ordinances against homeless individuals when the number of ho… |
| 18-9492 |
Valentin Spataru v. Rick Ramsay |
Florida |
2019-05-31 |
Denied |
IFP |
8th-amendment battery civil-liberties civil-rights constitutional-rights cruel-and-unusual-punishment detention due-process eighth-amendment intentional-infliction-of-emotional-distress law-enforcement-detention |
Whether ~30' transportation to jail in a law-enforcement hyperthermic, 'cooking' car is cruel and unusual punishment |
| 18-1500 |
Jonsha Bell v. Mississippi |
Mississippi |
2019-05-31 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
cruel-and-unusual-punishment eighth-amendment graham-v-florida juvenile-offender juvenile-sentencing life-expectancy nonhomicide-offense sentencing sentencing-proportionality |
Does the Eighth Amendment forbid an aggregate sentence that exceeds the life expectancy of a juvenile nonhomicide offender? |
| 18A1231 |
Antonio Leonard Brown v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institution Division |
Fifth Circuit |
2019-05-30 |
Presumed Complete |
|
eighth-amendment intellectual-disability legal-resources petition-for-certiorari prison-conditions time-extension |
Whether a prisoner with intellectual disabilities and limited access to legal resources can obtain an extension of time to file a petition for certior… |
| 18-9440 |
Earl Lee Dixie v. Kenneth Harrington, Warden |
Ninth Circuit |
2019-05-29 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment eighth-amendment ineffective-assistance ineffective-assistance-of-counsel intoxication-defense mental-health-defense mental-health-evidence specific-intent strickland-standard strickland-v-washington |
Whether Dixie's trial counsel was prejudicially ineffective for failing to present evidence that Dixie suffered from paranoid schizophrenia, which wou… |
| 18A1229 |
Sam Newman v. Louisiana |
Louisiana |
2019-05-29 |
Presumed Complete |
|
eighth-amendment individualized-sentencing juvenile-sentencing life-without-parole miller-v-alabama second-degree-murder |
Whether the Eighth Amendment prohibits sentencing a juvenile offender to life without parole for multiple second-degree murder convictions without ind… |
| 18A1238 |
Christopher Lee Price v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2019-05-29 |
Presumed Complete |
|
cruel-and-unusual eighth-amendment execution-protocol lethal-injection midazolam pain-and-suffering |
Whether Alabama's lethal injection protocol using midazolam violates the Eighth Amendment by posing a substantial risk of causing severe and excruciat… |
| 18-9396 |
Bobby Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-05-23 |
Denied |
IFP |
8th-amendment civil-rights cruel-and-unusual-punishment cruel-unusual-punishment death-penalty due-process eighth-amendment lethal-injection res-judicata section-1983 stay |
Whether the Eleventh Circuit Court of Appeals erred in holding that Mr. Long was not entitled to a stay because of inexcusable delay in bringing his l… |
| 18-9366 |
Michael T. Rivera v. Florida |
Florida |
2019-05-22 |
Denied |
IFP |
collateral-review criminal-statute due-process eighth-amendment judicial-interpretation procedural-rule retroactivity substantive-law |
Whether the Federal Due Process Clause requires a state to apply a new interpretation of a state criminal statute retroactively to cases on collateral… |
| 18-9361 |
Jordan Alexander Clemons v. Pennsylvania |
Pennsylvania |
2019-05-21 |
Denied |
IFP |
affidavit appellate-procedure civil-rights court-access criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment eighth-amendment-proportionality in-forma-pauperis indigence indigent-status juvenile-offenders juvenile-sentencing legal-representation life-imprisonment pro-bono |
Whether the Pennsylvania Supreme Court erred in rejecting petitioner's claim that his sentence of life imprisonment without parole for a crime committ… |
| 18-9363 |
Michael Lee Robinson v. Florida |
Florida |
2019-05-21 |
Denied |
IFP |
capital-sentencing constitutional-waiver due-process eighth-amendment equal-protection federal-constitutional-rights hurst-rule penalty-jury retroactivity waiver |
Can a defendant waive a federal constitutional right that was unknown and unrecognized at the time? |
| 18-1449 |
Harold Lee Harvey, Jr. v. Florida |
Florida |
2019-05-21 |
Denied |
|
arbitrary-factors constitutional-rights death-penalty eighth-amendment fourteenth-amendment hurst-v-florida judicial-decisions retroactive-application retroactivity ring-v-arizona sixth-amendment |
Does the Florida Supreme Court's decision denying retroactive application of the Hurst decisions to Mr. Harvey violate the Eighth or Fourteenth Amendm… |
| 18-9356 |
Robert Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-05-20 |
Denied |
IFP |
constitutional-rights cruel-and-unusual-punishment death-penalty double-jeopardy due-process eighth-amendment eighth-amendment-jurisprudence evolving-standards-of-decency mental-illness |
Whether an individual who suffers from severe mental illness is exempt from execution under the Eighth Amendment and the evolving standards of decency… |
| 18-9341 |
Antwon G. Whitten v. William A. Gunter, et al. |
Fourth Circuit |
2019-05-17 |
Denied |
IFP |
civil-procedure civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment free-speech standing takings |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-9252 |
Kevin Foster v. Florida |
Florida |
2019-05-15 |
Denied |
IFP |
capital-murder capital-punishment death-penalty death-sentence due-process eighth-amendment first-degree-murder jury-findings jury-unanimity reasonable-doubt unanimous-verdict |
Whether Mr. Foster's death sentence is unconstitutional because it violates the Eighth Amendment and the Due Process Clause |
| 18-9270 |
Manuel Antonio Rodriguez v. Florida |
Florida |
2019-05-15 |
Denied |
IFP |
14th-amendment 8th-amendment capital-murder capital-murder-elements-as-sentencing-factors due-process eighth-amendment florida-supreme-court foster-v-state fourteenth-amendment precedent sentencing-factors |
Whether the Florida Supreme Court's rationale in Foster v. State mirrors the overruled rationale of Hildwin v. Florida and reveals that Florida contin… |
| 18-9246 |
Anthony G. Bryant v. Department of Education, et al. |
Fourth Circuit |
2019-05-14 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-procedure asset-seizure civil-forfeiture civil-rights constitutional-rights due-process eighth-amendment equal-protection excessive-fines first-amendment fourteenth-amendment tenth-amendment |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment |
| 18-9250 |
Tatyana Evgenievna Drevaleva v. Alameda Health System, et al. |
Ninth Circuit |
2019-05-14 |
Denied |
Response WaivedIFP |
13th-amendment 8th-amendment civil-rights constitutional-rights due-process eighth-amendment employment employment-retaliation involuntary-servitude retaliation thirteenth-amendment |
Shall the Court of Appeals expedite an Appeal in an employment retaliation case |
| 18-9262 |
David Wood v. Texas |
Texas |
2019-05-14 |
Denied |
IFP |
atkins-claim atkins-v-virginia death-penalty eighth-amendment fourteenth-amendment Fourteenth-Amendment-violation habeas-corpus intellectual-disability moore-v-texas |
Do the Eighth and Fourteenth Amendments tolerate the execution of a person whose claim of intellectual disability has been expressly decided under an … |
| 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… |
| 18-9274 |
William Lee Thompson v. Florida |
Florida |
2019-05-14 |
Denied |
IFP |
capital-punishment capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection retroactivity sentencing-procedure teague-v-lane |
Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits… |
| 18-9238 |
Reshaud Todd Brown v. Washington |
Washington |
2019-05-10 |
Denied |
IFP |
cruel-and-unusual-punishment eighth-amendment habitual-offender habitual-offender-statute life-without-parole mandatory-sentencing proportionality-review sentencing sentencing-court youthful-adult youthful-offender |
Whether imposition of a mandatory sentence of life without parole under a habitual offender statute violates the Eighth Amendment prohibition against … |
| 18-9191 |
Jerome Allen Bargo v. Raymond Naylor, et al. |
Eighth Circuit |
2019-05-09 |
Denied |
Response WaivedIFP |
contradictory-evidence cruel-punishment cvsa cvsa-test disciplinary-action due-process eighth-amendment inmate-rights prison-conditions prison-discipline unsupported-evidence |
Did the Eighth Circuit err in holding that Bargo's CVSA tests results constituted 'some evidence' to support disciplinary action, even though the resu… |
| 18-9214 |
Jessie Livell Phillips v. Alabama |
Alabama |
2019-05-09 |
Denied |
IFP |
autopsy-photograph capital-murder capital-punishment due-process eighth-amendment fair-trial fourteenth-amendment reliable-conviction reliable-sentence |
Whether the admission of a gruesome and unnecessary internal autopsy photograph, lacking probative value and showing post-crime mutilation by the medi… |
| 18-9179 |
Tony B. Thomas v. C. Blake, et al. |
Tenth Circuit |
2019-05-08 |
Denied |
IFP |
access-to-courts civil-procedure civil-rights constitutional-violations due-process eighth-amendment first-amendment fourteenth-amendment fourth-amendment free-speech standing |
Why did the UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT overlook petitioner arguments pertaining to First-Amendment, Fourth-Amendment, Eighth… |
| 18-9140 |
Michael Ray Ingram v. Frank Clements, et al. |
Tenth Circuit |
2019-05-06 |
Denied |
Response WaivedIFP |
42-usc-1983 8th-amendment civil-rights deliberate-indifference eighth-amendment injunctive-relief qualified-immunity standing supervisory-liability |
Whether dismissal of claims for injunctive relief requiring state officials to obey the Eighth Amendment pursuant to 42 U.S.C. §1983 was error? |
| 18-9144 |
Delbert Heard v. John R. Baldwin, Director, Illinois Department of Corrections, et al. |
Seventh Circuit |
2019-05-06 |
Denied |
IFP |
8th-amendment civil-rights constitutional-protection cruel-and-unusual-punishment due-process eighth-amendment excessive-force failure-to-protect inmate-safety prisoner-rights standing substantial-risk |
Whether the risk of inmate-on-inmate assault became sufficiently substantial to trigger 8th Amendment protections under Farmer v. Brennan, 511 U.S. 82… |
| 18-9152 |
Gary Reid v. Florida |
Florida |
2019-05-06 |
Denied |
IFP |
aedpa constitutional-claims constitutional-question eighth-amendment federal-habeas federal-habeas-review federal-review habeas-corpus judicial-interpretation legal-precedent merits-decision state-court state-court-decisions supreme-court-review |
Whether the Florida Supreme Court erred in treating Virginia v. LeBlanc, 137 S. Ct. 1726 (2017), as a decision on the merits of the underlying constit… |
| 18-9157 |
Israel Arce v. Chicago Transit Authority |
Seventh Circuit |
2019-05-06 |
Denied |
IFP |
affidavit civil-rights costs court-fees declaration due-process eighth-amendment excessive-fines financial-hardship fourteenth-amendment in-forma-pauperis income-limitation incorporation litigation-expenses poverty redress social-security |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-9159 |
Freddy Brown v. Florida |
Florida |
2019-05-06 |
Denied |
IFP |
aedpa constitutional-claim constitutional-claims constitutional-question eighth-amendment federal-habeas federal-habeas-review federal-review habeas-review legal-interpretation merits-decision merits-determination state-court state-court-decisions supreme-court-precedent |
Whether the Florida Supreme Court erred in treating Virginia v. LeBlanc, 137 S. Ct. 1726 (2017), a case arising under federal habeas review, as a deci… |
| 18-9123 |
Jovan McClenton v. California |
California |
2019-05-03 |
Denied |
Response WaivedIFP |
discretion due-process eighth-amendment miller-v-alabama sentencing de-novo-resentencing discretionary-sentencing eighth-amendment hallmark-features-of-youth juvenile-offenders juvenile-sentencing miller-factors miller-v-alabama proportionality |
Is de novo resentencing required where lengthy, fully determinate sentences, primarily based on the discretion of the trial court, were imposed on juv… |
| 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… |
| 18-9052 |
Neil Grenning v. James Key, Superintendent, Airway Heights Corrections Center, et al. |
Ninth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
civil-rights cruel-and-unusual-punishment due-process eighth-amendment institutional-lighting prison-conditions prisoner-rights sleep-deprivation writ-of-certiorari |
Should this Court grant writ of certiorari where lower courts have no guidance on what level of 24-hour lighting is appropriate in prisons so as not t… |
| 18-9080 |
Joseph Carter v. Florida |
Florida |
2019-05-01 |
Denied |
IFP |
aedpa constitutional-claims constitutional-interpretation eighth-amendment federal-habeas-review federal-review graham-v-florida habeas-corpus habeas-review judicial-interpretation legal-precedent merits-decision miller-v-alabama parole state-court-decisions supreme-court-review |
Whether the Florida Supreme Court erred in treating Virginia v. LeBlanc, 137 S. Ct. 1726 (2017), as a decision on the merits of the underlying constit… |
| 18-9031 |
In Re Michael Brandon Samra |
|
2019-04-30 |
Denied |
IFP |
brain-development capital-sentencing cruel-and-unusual death-penalty eighth-amendment evolving-standards habeas-corpus juvenile-offender juvenile-offenders neurological-development neuroscience |
Whether the Eighth Amendment's evolving standards prohibit the execution of offenders who were 19 years old at the time of their crime |
| 18-9033 |
Michael Brandon Samra v. Alabama |
Alabama |
2019-04-30 |
Denied |
IFP |
brain-development capital-punishment capital-sentencing death-penalty eighth-amendment evolving-standards evolving-standards-of-decency juvenile-offender juvenile-offenders neuroscientific-research |
Whether the Eighth Amendment prohibits the death penalty against offenders who were under 21 at the time of their crime |
| 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? |
| 18-8983 |
Patrick Edwards v. United States |
Seventh Circuit |
2019-04-24 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process eighth-amendment fifth-amendment retroactivity sentencing statutory-interpretation |
Whether the Double Jeopardy Clause of the Fifth Amendment prohibits the imposition of a sentence for a specific offense that is greater than the maxim… |
| 18-8951 |
Terrance Proctor v. Wendy Kelley, Director, Arkansas Department of Correction |
Arkansas |
2019-04-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure discretion due-process eighth-amendment graham-v-florida juvenile-sentencing life-without-parole mitigation proportionality sentencing-mitigation |
Are consecutive, fixed term sentences for juveniles unconstitutional at the outset when they amount to the functional equivalent of life without parol… |
| 18-8907 |
In Re Samuel H. Williams |
|
2019-04-19 |
Dismissed |
Relisted (2)IFP |
affidavit civil-procedure civil-rights declaration due-process eighth-amendment excessive-fines fourteenth-amendment in-forma-pauperis incorporation poverty redress |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment |
| 18-8924 |
William Weaver v. Michael Bowersox, Warden |
Eighth Circuit |
2019-04-19 |
Denied |
Response WaivedIFP |
aedpa aedpa-standard batson-claim certificate-of-appealability constitutional-claims eighth-amendment eighth-circuit eighth-circuit-review habeas-corpus rule-60(b) rule-60b |
Whether a habeas petitioner can obtain Rule 60(b) relief despite a prior adjudication on the merits |
| 18-1298 |
Mario Dion Woodward v. Alabama |
Alabama |
2019-04-15 |
Denied |
|
arbitrary-and-discriminatory cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment judicial-override jury-sentencing repealed-statute sentencing sixth-amendment |
Does the imposition of a death sentence through judicial override under a now-repealed statute violate the constitutional guarantees implemented by th… |
| 18-8793 |
Larry Burstein v. United States |
Eleventh Circuit |
2019-04-11 |
Denied |
Response WaivedIFP |
constitutional-proportionality constitutional-rights criminal-sentencing drug-crimes drug-dealing drug-offense due-process eighth-amendment elderly-defendant elderly-offenders non-violent-crime non-violent-offense sentencing-guidelines supreme-court-precedent |
Whether a forty-eight (48) month prison sentence for a first time non-violent, drug dealing, sixty-nine (69) year old grandfather is unreasonable, vio… |
| 18-8740 |
Michael Manley v. Delaware |
Delaware |
2019-04-09 |
Denied |
Response WaivedIFP |
8th-amendment appellate-review due-process eighth-amendment fourteenth-amendment judicial-creation judicial-overreach life-without-parole mandatory-sentence |
Did the Delaware courts violate Mr. Maniey's due process and Eighth Amendment rights by judicially creating a mandatory life without parole sentence? |
| 18-8748 |
Dajuan A. Alridge v. Louisiana |
Louisiana |
2019-04-09 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
batson-challenge batson-v-kentucky civil-rights due-process eighth-amendment equal-protection jury-selection jury-unanimity juvenile-sentencing non-unanimous-jury prima-facie prima-facie-case racial-discrimination |
Whether statistics alone are sufficient to demonstrate a prima facie case of discrimination in the first step of a Batson analysis? |
| 18-8701 |
Arthur O'Derrell Franklin v. Florida |
Florida |
2019-04-04 |
Denied |
Response WaivedIFP |
aedpa constitutional-claim eighth-amendment graham-v-florida habeas habeas-corpus juvenile-offender parole parole-process rehabilitation |
Whether a state court may resolve a federal constitutional claim by treating an AEDPA habeas decision of the Supreme Court as a ruling on the merits w… |
| 18-8704 |
Brandon Keith Alexander v. Texas |
Texas |
2019-04-04 |
Denied |
IFP |
8th-amendment constitutional-rights cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing non-homicide-offense non-homicide-offenses parole parole-eligibility sentencing |
Whether sentencing a juvenile non-homicide offender to 60 years without the possibility of parole violates the 8th Amendment, prohibition against crue… |
| 18-8683 |
James Aren Duckett v. Florida |
Florida |
2019-04-03 |
Denied |
IFP |
capital-punishment capital-sentencing constitutional-law due-process eighth-amendment equal-protection retroactivity |
Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits… |
| 18-1267 |
Angela Rene Leeman v. Arizona |
Arizona |
2019-04-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
civil-rights cruel-and-unusual-punishment eighth-amendment graham-v-florida juvenile-sentencing miller-v-alabama non-homicide-offenses parole-eligibility parole-restriction proportionality proportionality-review |
Whether consecutive sentences for non-homicide offenses that effectively result in life without parole for a juvenile offender violate the Eighth Amen… |
| 18-8664 |
Rodney Tyrone Lowe v. Florida |
Florida |
2019-04-02 |
Denied |
IFP |
caldwell-v-mississippi death-penalty eighth-amendment eighth-amendment-violation harmless-error hurst-v-florida jury-instructions |
Does the Florida Supreme Court's exclusive reliance on a unanimous recommendation of death to find harmless error for violations of Hurst v. Florida, … |
| 18-8651 |
Robert Butrim v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-04-01 |
Denied |
IFP |
actual-innocence due-process eighth-amendment fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence |
Whether the District Court's failure to address all the issues presented in the Habeas Corpus Petition deprived the Movant of a full review by the Cir… |
| 18-8653 |
Tavares J. Wright v. Florida |
Florida |
2019-04-01 |
Denied |
IFP |
14th-amendment 8th-amendment adaptive-functioning atkins-v-virginia civil-rights constitutional-rights death-penalty due-process eighth-amendment hall-v-florida intellectual-disability moore-v-texas |
Does the Florida Supreme Court's adaptive functioning analysis of intellectually disabled individuals violate the Fifth, Eighth, and Fourteenth Amendm… |
| 18A1001 |
Freddy Brown v. Florida |
Florida |
2019-04-01 |
Presumed Complete |
|
eighth-amendment juvenile-sentencing life-sentence miller-v-alabama mitigating-factors proportionality |
Whether the Eighth Amendment prohibits a life sentence for a juvenile offender without consideration of the defendant's age and developmental characte… |
| 18A1002 |
Joseph Carter v. Florida |
Florida |
2019-04-01 |
Presumed Complete |
|
cruel-and-unusual eighth-amendment juvenile-sentencing miller-v-alabama proportionality sentencing-discretion |
Whether the Eighth Amendment prohibits a lengthy juvenile sentence that effectively constitutes a de facto life sentence without the individualized se… |
| 18A1003 |
Gary Reid v. Florida |
Florida |
2019-04-01 |
Presumed Complete |
|
cruel-and-unusual eighth-amendment juvenile-sentencing life-sentence miller-v-alabama proportionality |
Whether the Eighth Amendment prohibits a life sentence for a juvenile offender without meaningful consideration of the defendant's age and development… |
| 18-1259 |
Brett Jones v. Mississippi |
Mississippi |
2019-03-29 |
Judgment Issued |
Amici (14)Response RequestedResponse WaivedRelisted (4) |
criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole permanent-incorrigibility sentencing-authority |
Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentenc… |
| 18-8606 |
Lester J. Smith v. Greg Dozier, et al. |
Eleventh Circuit |
2019-03-28 |
Denied |
Response WaivedIFP |
americans-with-disabilities-act civil-rights constitutional-rights continuing-harm continuing-violation-doctrine due-process eighth-amendment fourteenth-amendment medical-care medical-standard standing |
Whether the petitioner's serious medical ailment requires treatment with cure medications in accordance with the professional community standard of me… |
| 18-8583 |
Gilbert Postelle v. Mike Carpenter, Interim Warden |
Tenth Circuit |
2019-03-27 |
Denied |
IFP |
capital-punishment eighth-amendment flynn-effect fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mitigating-evidence sixth-amendment |
Whether the failure to investigate and present mitigating evidence of intellectual disability based on the Flynn Effect violates the Sixth, Eighth, an… |
| 18-1249 |
Christopher Lee Price v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2019-03-27 |
Denied |
|
compounding-pharmacy cruel-and-unusual-punishment eighth-amendment execution-protocol lethal-injection midazolam pentobarbital |
Whether an Alabama death row inmate has shown that pentobarbital is 'available' to the Alabama Department of Corrections for use in executions |
| 18-8561 |
Jeffery Lee Wood v. Texas |
Texas |
2019-03-26 |
Denied |
IFP |
culpability death-penalty death-penalty-eligibility due-process eighth-amendment enmund-v-florida fourteenth-amendment future-dangerousness law-of-parties tison-v-arizona |
Whether the petitioner is categorically ineligible for the death penalty because he lacked the requisite minimal culpability under the Eight and Fourt… |
| 18-8538 |
Rufus Spearman v. Mary Parson, et al. |
Sixth Circuit |
2019-03-25 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process eighth-amendment equal-protection excessive-fines fourteenth-amendment incorporation standing takings |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-8488 |
Ronald E. Mitchell v. Anne L. Precythe, Director, Missouri Department of Corrections, et al. |
Eighth Circuit |
2019-03-22 |
Denied |
IFP |
administrative-procedure civil-rights constitutional-rights damages due-process eighth-amendment false-arrest liberty-interest missouri-corrections missouri-statute qualified-immunity wrongful-imprisonment |
Whether the district court erred in dismissing the petitioner's claim for wrongful imprisonment despite evidence that the conduct violation was later … |
| 18-8441 |
Gaetan Dinelle, aka Gates v. United States |
Second Circuit |
2019-03-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-justice cruel-and-unusual-punishment disproportionate-sentence eighth-amendment first-time-offender marijuana-trafficking non-violent-offender non-violent-offense proportionality sentencing |
Whether a life-sentence for a non-violent, first-time offender, who trafficked in marijuana, is unreasonable, disproportionate, and amounts to cruel a… |
| 18-8409 |
Anthony Mungin v. Florida |
Florida |
2019-03-14 |
Denied |
IFP |
capital-punishment death-penalty disparate-treatment due-process eighth-amendment equal-protection fourteenth-amendment retroactivity |
Whether the Florida Supreme Court's application of only partial retroactivity of Hurst v. State and Hurst v. Florida violates the Eighth and Fourteent… |
| 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… |
| 18-8399 |
Randall Scott Jones v. Florida |
Florida |
2019-03-12 |
Denied |
IFP |
capital-punishment constitutional-law death-penalty eighth-amendment eighth-amendment-cruel-and-unusual-punishment equal-protection fourteenth-amendment fourteenth-amendment-due-process hurst-v-florida retroactivity ring-v-arizona supremacy-clause supreme-court-precedent |
Does the Florida Supreme Court's partial retroactivity formula for Hurst v. Florida violations violate the Eighth and Fourteenth Amendments? |
| 18-8343 |
Jose Luis Mattes Baez Carmona Lopez Cordero v. Connecticut Department of Correction, et al. |
Second Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
constitution constitutional-law cruel-and-unusual-punishment due-process eighth-amendment equal-protection native-american-rights native-rights treaty-rights |
Did the lower court breach any treaties between the native Taino Indian tribe and the Government of the United States of America, pursuant to Article … |
| 18-8323 |
Bryan Frederick Jennings v. Florida |
Florida |
2019-03-07 |
Denied |
IFP |
capital-punishment capital-sentencing death-penalty death-penalty-review eighth-amendment fourteenth-amendment hurst-v-state jury-recommendation newly-discovered-evidence |
Whether the Eighth and Fourteenth Amendments require the law of Hurst v. State to be factored into the analysis of the likelihood of a less severe sen… |
| 18-8295 |
Raymond Lumsden v. Texas |
Texas |
2019-03-06 |
Denied |
IFP |
ake ake-v-oklahoma constitutional-rights cruel-and-unusual-punishment cumulative-error-doctrine dna-expert due-process effective-assistance-of-counsel eighth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington |
Did the Court of Appeals commit err by affirming the trial court's erroneous denial of additional funds for the defense's DNA Expert to testify at tri… |
| 18-8298 |
Jermaine Brazill v. Illinois |
Illinois |
2019-03-06 |
Denied |
Response WaivedIFP |
age-of-offender cruel-and-unusual-punishment due-process due-process-rights eighth-amendment independent-inquiry juvenile-sentencing life-without-parole mental-health rehabilitation rehabilitative-potential young-age |
Whether the trial judge violated the Petitioner's due process rights by failing to conduct an independent inquiry into the Petitioner's fitness, and w… |
| 18-1146 |
Johanna Ong, et al. v. Hudson County Superior Court, et al. |
Third Circuit |
2019-03-05 |
Denied |
Response Waived |
8th-amendment bodily-harm civil-procedure civil-rights constitutional-violations damages due-process eighth-amendment sovereign-immunity standing statute-of-limitations |
Did the lower courts repeatedly violate the Petitioners' Constitutional protections, including Fifth/Fourteenth Amendment Due Process Rights and Eight… |
| 18-8253 |
Jamie Kenmont Kerien Brown v. Georgia |
Georgia |
2019-03-04 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment equal-protection habeas-corpus intellectual-disability mental-health post-conviction-relief |
Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who was intellectually disabled at th… |
| 18-8196 |
Larry R. Tart v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety |
Fourth Circuit |
2019-02-28 |
Denied |
IFP |
cruel-and-unusual-punishment due-process eighth-amendment equal-protection forensic-evaluation ineffective-assistance-of-counsel medication medication-consent mental-health pretrial-detention solitary-confinement |
Where the petitioner was unknowingly administered multiple mental health medications while in pre-trial confinement, resulting in incompetence to unde… |
| 18-8116 |
Budry Michel v. Florida |
Florida |
2019-02-26 |
Denied |
Response WaivedIFP |
8th-amendment due-process eighth-amendment eighth-amendment,federal-habeas,state-court,merits federal-courts federal-habeas federal-review habeas habeas-corpus juvenile-sentencing merits parole-eligibility plain-language standing state-court state-court-interpretation state-courts |
Whether a state court can treat a federal habeas decision of this Court as a ruling on the merits contrary to the plain language of the decision? |
| 18-8117 |
Brandon Pete v. United States |
Ninth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-proportionality juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana offense-level-43 sentencing-guidelines title-18 |
May a juvenile convicted as an adult of a non-premeditated homicide be sentenced to life-without-parole under Offense Level 43 and bear the burden to … |
| 18-8090 |
Edward J. Zakrzewski, II v. Florida |
Florida |
2019-02-22 |
Denied |
IFP |
capital-punishment criminal-procedure death-penalty eighth-amendment florida-supreme-court fourteenth-amendment hurst-v-state jury-unanimity retroactive-application retroactivity savings-clause substantive-law |
Whether the Eighth and Fourteenth Amendments require retroactive application of the Florida Supreme Court's decision in Hurst v. State to capital defe… |
| 18-8041 |
Mark Johnson v. United States |
District of Columbia |
2019-02-21 |
Denied |
Response WaivedIFP |
adolescent-culpability age-as-factor age-of-culpability brain-development criminal-procedure de-facto-life-sentence due-process eighth-amendment juvenile-sentencing miller-v-alabama montgomery-v-louisiana roper-v-simmons |
Whether the Court's rulings regarding when age is a factor in determining culpability apply to those under the age of 25, or is the age lower, but not… |
| 18-8052 |
Michael Duane Zack, III v. Florida |
Florida |
2019-02-21 |
Denied |
IFP |
apprendi-v-new-jersey capital-punishment death-penalty death-sentence eighth-amendment equal-protection fourteenth-amendment hurst-retroactivity retroactivity |
Does the partial retroactivity formula for Hurst v. Florida, 136 S. Ct. 616 (2016) claims designed by the Florida Supreme Court, as applied to a priso… |
| 18-8002 |
Brad Hunter Smith v. Arkansas |
Arkansas |
2019-02-15 |
Denied |
IFP |
aggravating-circumstance aggravating-circumstances arbitrary-imposition capital-sentencing death-penalty eighth-amendment fourteenth-amendment mitigating-circumstance mitigating-circumstances |
Whether the Arkansas Supreme Court's holding that a capital-sentencing jury permissibly declined to weigh an existent statutory mitigating circumstanc… |
| 18-7973 |
Jaime Villa v. United States |
Ninth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence |
Whether there was insufficient evidence to prove Villa guilty beyond a reasonable doubt? |
| 18-7916 |
Jimmy Lee Wren v. Mississippi |
Mississippi |
2019-02-12 |
Denied |
Response WaivedRelisted (2)IFP |
cruel-and-unusual-punishment due-process eighth-amendment equal-protection post-conviction-relief rule-11 rule-11-sanctions sanctions sentencing sentencing-hearing |
Whether the Mississippi Supreme Court erred in denying the petitioner's request to file a successive petition for post-conviction relief based on a ne… |
| 18-7917 |
Najee Sharif Wilkins v. Michigan |
Michigan |
2019-02-12 |
Denied |
IFP |
confrontation-clause cross-examination eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana parole-eligibility witness-testimony |
Does Petitioner's sentence violate the Eighth Amendment? |
| 18-7919 |
Susan Grund v. Julie Murphy, et al. |
Seventh Circuit |
2019-02-12 |
Denied |
IFP |
appeal civil-procedure civil-rights deliberate-indifference eighth-amendment medical-need prisoner-rights summary-judgment |
Whether the District Court improperly decided disputed factual issues |
| 18-1053 |
Ashland Specialty Co., Inc. v. Dale W. Steager, West Virginia State Tax Commissioner |
West Virginia |
2019-02-11 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
bajakajian-standard civil-monetary-penalty civil-noncompliance civil-penalty cooper-industries-v-leatherman eighth-amendment excessive-fines excessive-fines-clause-8th-amendment gross-disproportionality grossly-disproportionate master-settlement-agreement proportionality regulatory-compliance state-tax united-states-v-bajakajian |
Whether a 500% civil penalty imposed on a small business for inadvertent noncompliance is grossly disproportionate under the Eighth Amendment's Excess… |
| 18-7823 |
Edward Nolan Norwood v. United States |
Ninth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
civil-rights comity due-process eighth-amendment equal-protection federalism sentencing sentencing-enhancement state-law statutory-interpretation |
Whether it violates the United States Constitution as well as the principles of comity and federalism to treat a prior state drug conviction that is e… |
| 18-7789 |
Ashley Richards v. Texas |
Texas |
2019-02-07 |
Denied |
Response WaivedIFP |
criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus retroactivity sentencing-enhancement state-jail-felony statutory-enhancement statutory-interpretation texas-court-of-criminal-appeals |
Whether the Eighth Amendment requires retroactive application of a court decision finding a sentencing enhancement inapplicable, thereby decreasing th… |
| 18-7803 |
Dennis Hegstrom v. Florida |
Florida |
2019-02-07 |
Denied |
IFP |
eighth-amendment homicide late-adolescent late-adolescent-offender mandatory-life-sentence miller-v-alabama neuroscience-evidence parole parole-eligibility sentencing |
Is it time to extend the Eighth Amendment protections enunciated in Miller v. Alabama to late adolescent homicide offenders? |
| 18-7809 |
James Were v. Ohio |
Ohio |
2019-02-07 |
Denied |
IFP |
buck-v-davis competency-hearing death-penalty death-penalty-eligibility eighth-amendment fourteenth-amendment intellectual-disability iq-scores racial-bias |
Whether the Supreme Court of Ohio violated the Eighth and Fourteenth Amendments by refusing to reopen the petitioner's direct appeal to consider evide… |
| 18-7821 |
Darryl Mixon v. Mississippi |
Mississippi |
2019-02-07 |
Denied |
Response WaivedIFP |
actual-innocence civil-procedure criminal-conviction criminal-procedure due-process eighth-amendment formal-complaint jurisdiction jurisdiction-over-persons jurisdiction-over-subject-matter procedural-defect sentencing standing subject-matter |
Whether the trial court lacked jurisdiction over the persons and the subject matter of this cause, in absence of a signed formal complaint? |
| 18-1022 |
Julius Jerome Murphy v. Texas |
Texas |
2019-02-05 |
Denied |
|
brady-v-maryland brady-violation criminal-procedure death-penalty due-process eighth-amendment habeas-corpus witness-testimony |
Whether the State's failure to disclose threats and promises made to witnesses violated due process |
| 18-7620 |
Emmanuel Adeyinka v. Harris County Jail, et al. |
Fifth Circuit |
2019-01-31 |
Denied |
IFP |
civil-procedure civil-rights competency criminal-conviction cruel-and-unusual-punishment death-penalty due-process eighth-amendment eleventh-amendment immunity mental-illness monetary-damages personal-involvement rational-understanding section-1983 standing |
Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that … |
| 18-7648 |
William R. Stevenson v. R. Cordova, et al. |
Tenth Circuit |
2019-01-30 |
Denied |
IFP |
civil-rights civil-rights-violation-obvious-standard constitutional-violation deliberate-indifference directed-verdict-standard due-process eighth-amendment eighth-amendment-deliberate-indifference judicial-bias perjured-testimony prison-conditions qualified-immunity summary-judgment summary-judgment-qualified-immunity |
Whether the Court of Appeals erred in concluding the law was not clearly established as to the conduct of Defendants Espinoza and Williams and in conc… |
| 18-7658 |
Julius Darius Jones v. Oklahoma |
Oklahoma |
2019-01-30 |
Denied |
IFP |
capital-punishment constitutional-rights due-process eighth-amendment equal-protection fourteenth-amendment juror-bias post-conviction post-conviction-review racial-prejudice sixth-amendment |
Whether newly-discovered evidence establishes that racial prejudice influenced the decision of at least one juror to convict Mr. Jones and sentence hi… |
| 18-7670 |
Thomas Alexander Porter v. David Zook, Warden |
Fourth Circuit |
2019-01-30 |
Denied |
IFP |
capital-punishment constitutional-claims death-penalty-sentencing due-process eighth-amendment fourteenth-amendment future-dangerousness habeas-corpus mitigating-evidence procedural-due-process |
Whether a state rule that excludes as irrelevant evidence that a capital defendant is unlikely to pose a risk of future violence in prison is contrary… |
| 18-7643 |
Billy Leon Kearse v. Florida |
Florida |
2019-01-29 |
Denied |
IFP |
apprendi-v-new-jersey capital-punishment death-penalty due-process eighth-amendment equal-protection fourteenth-amendment retroactivity ring-v-arizona supremacy-clause |
Does the Florida Supreme Court's partial retroactivity approach providing for relief pursuant to Hurst v. Florida and Hurst v. State to death-sentence… |
| 18-7606 |
Samuel Davis v. Sergeant Florence, et al. |
Second Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment free-speech incorporation standing takings |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-7569 |
Paul William Scott v. Julie L. Jones, Secretary, Florida Department of Corrections |
Florida |
2019-01-25 |
Denied |
IFP |
codefendant-comparison constitutional-proportionality cruel-and-unusual-punishment death-penalty due-process eighth-amendment equal-protection sentencing-disparity |
Whether Florida's refusal to consider the disparity between the 15-year prison term of his equal or more culpable codefendant and Scott's death senten… |
| 18-7547 |
Michael Joseph Mulder v. Nevada |
Nevada |
2019-01-24 |
Denied |
IFP |
competency cruel-and-unusual-punishment death-penalty dementia eighth-amendment intellectual-disability memory-loss |
Whether the Eighth Amendment categorically excludes from the death penalty an individual who, because of a stroke that caused dementia, is functionall… |
| 18-7567 |
Ron Collins v. United States |
Seventh Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process eighth-amendment fair-sentencing-act ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sentencing sentencing-guidelines |
Whether the court of appeals erred in denying petitioner's application for a certificate of appealability |
| 18-7503 |
Abdur Rahim Ambrose v. Mississippi |
Mississippi |
2019-01-18 |
Denied |
Amici (1)IFP |
contemporary-standards-of-decency cruel-and-unusual death-penalty eighth-amendment geographic-arbitrariness racial-arbitrariness |
Does the death penalty violate the Eighth Amendment? |
| 18-7467 |
Phillip E. LaPointe v. Illinois |
Illinois |
2019-01-17 |
Denied |
Response WaivedIFP |
8th-amendment atkins-precedent atkins-v-virginia brain-development criminal-punishment cruel-and-unusual-punishment eighth-amendment juvenile-justice juvenile-sentencing life-without-parole sentencing |
Does this Court's 8th Amendment protections extend to a just turned eighteen year old who received life without parole, where the evidence shows he wa… |
| 18-7428 |
Harry Jones v. Florida |
Florida |
2019-01-15 |
Denied |
IFP |
arbitrary-cutoff capital-murder capital-punishment death-penalty death-penalty-retroactivity eighth-amendment fourteenth-amendment hurst-v-florida jury-unanimity retroactivity |
Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida violates the Eighth and Fourteenth Amendm… |
| 18-7391 |
Gadiel Romero v. United States |
First Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
8th-amendment cruel-and-unusual-punishment eighth-amendment kidnapping kidnapping-offense offense-level ransom-demand sentencing-enhancement sentencing-guidelines |
Is it proper to apply a 6-level increase for a ransom demand in a kidnapping offense when not communicated? |
| 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? |
| 18-7365 |
Robert Allen DeVore v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Oregon |
2019-01-10 |
Denied |
Response WaivedIFP |
8th-amendment consecutive-sentences constitutional-law criminal-procedure cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment habeas-corpus minimum-sentences sentencing |
Does the combined sentence totaling of 495 years with a 247% year minimum violate the Eighth Amendment against cruel and unusual punishment? |
| 18-7332 |
James Dellinger v. Tennessee |
Tennessee |
2019-01-09 |
Denied |
IFP |
atkins-claim atkins-v-virginia civil-rights constitutional-prohibition cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability moore-v-texas procedural-vehicle roper-v-simmons |
Whether a state may thwart the constitutional prohibition against execution of the intellectually disabled by failing to provide a procedural vehicle … |
| 18-7279 |
Christian Thomas v. District Attorney of Lancaster County, Pennsylvania |
Third Circuit |
2019-01-08 |
Denied |
IFP |
8th-amendment civil-rights collateral-review constitutional-review due-process eighth-amendment federal-question graham grant juvenile-sentencing mental-capacity miller sixth-amendment teague |
Whether a federal question is raised by a claim that a state collateral review erroneously failed to find a Teague, Graham, and Grant case and Miller … |
| 18-7295 |
Earnest Barnes v. Florida |
Florida |
2019-01-08 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment eighth-amendment graham-v-florida juvenile-sentencing life-imprisonment miller-v-alabama National-Consensus parole scientific-evidence |
Whether the Eighth Amendment's protection established in Graham and Miller should be expanded beyond age cutoff at eighteen to prohibit mandatory life… |
| 18-7242 |
Dauntorian Lyndel Sanders v. Arizona |
Arizona |
2019-01-07 |
Denied |
IFP |
constitutional-interpretation criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment precedent sixth-amendment supreme-court-precedent |
Whether Arizona follows the precedent of Simmons v. South Carolina, 512 U.S. 154 (1994), as set forth in Lynch v. Arizona, 136 S. Ct. 1818 (2016) |
| 18-852 |
Anne L. Precythe v. Ernest Johnson |
Eighth Circuit |
2019-01-04 |
GVR |
|
administrative-procedure cruel-and-unusual-punishment death-penalty eighth-amendment execution-method feasible-alternative glossip-v-gross method-of-execution nitrogen-gas pentobarbital pleading-requirements |
Whether an inmate who demands an alternative method of execution must plead facts detailing the procedure by which his proposed alternative method of … |
| 18-7207 |
In Re Andrew Johnston |
|
2019-01-02 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process eighth-amendment equal-protection excessive-fines fourteenth-amendment incorporation standing takings |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-7169 |
Steve L. Wright, Jr. v. United States |
Eighth Circuit |
2018-12-26 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment juvenile-sentencing life-without-parole meaningful-opportunity-for-release ongoing-offense retroactivity sentencing-mitigation term-of-years term-of-years-sentence |
Whether courts must consider juvenile conduct as a mitigating sentencing factor for an ongoing offense |
| 18-7118 |
Richard E. Lynch v. Florida |
Florida |
2018-12-19 |
Denied |
IFP |
death-penalty eighth-amendment fourteenth-amendment hurst-v-florida ineffective-assistance-of-counsel jury-fact-finding sixth-amendment |
Whether the State of Florida violated Petitioner's rights under the Sixth, Eighth, and Fourteenth Amendments |
| 18-7049 |
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? |
| 18-7034 |
Shawn Sadik v. Pennsylvania |
Pennsylvania |
2018-12-14 |
Denied |
Response WaivedIFP |
8th-amendment criminal-sentencing cruel-and-unusual-punishment culpability death-penalty developmental-disability eighth-amendment intellectual-disability life-without-parole mandatory-life-imprisonment mandatory-sentencing parole |
Does the Eighth Amendment bar individuals with intellectual-and-developmental-disabilities from receiving mandatory-life-imprisonment-without-parole s… |
| 18-7012 |
Anthony Jerome Addison v. United States |
Fourth Circuit |
2018-12-13 |
Denied |
Response WaivedIFP |
8th-amendment civil-procedure civil-rights constitutional-claims constitutional-rights criminal-history due-process eighth-amendment origination-clause sentencing-guidelines special-assessment standing statutory-claims |
Did the United States Court of Appeals for the Fourth Circuit err in granting the government's motion to dismiss by denying the Petitioner the ability… |
| 18-7021 |
Juan Thomas v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2018-12-13 |
Denied |
Response WaivedIFP |
admissibility-of-evidence due-process eighth-amendment equitable-tolling fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-charge martinez-v-ryan notice-of-appeal public-defender |
Whether the Circuit Court erred in failing to appropriately consider the 'Equitable Tolling' in conjunction with Ineffective Assistance of the Public … |
| 18-6970 |
Jose Antonio Jimenez v. Florida |
Florida |
2018-12-10 |
Denied |
IFP |
brady-disclosure brady-v-maryland credibility due-process eighth-amendment exculpatory-evidence giglio-v-united-states giglio-violation lethal-injection materiality police-misconduct strategic-choices |
Whether a defendant's personal knowledge of an exculpatory or favorable fact relieves the State of its duty to disclose evidence |
| 18-6938 |
Jarrod Phillips v. Rusty Washburn, Warden |
Sixth Circuit |
2018-12-07 |
Denied |
Response WaivedIFP |
appeal appellate-procedure boykin-precedent boykin-v-alabama civil-rights constitutional-review constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines fourteenth-amendment incorporation ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining strickland-standard strickland-v-washington |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-6956 |
Jason Dirk Walton v. Florida, et al. |
Florida |
2018-12-07 |
Denied |
IFP |
capital-murder criminal-law due-process eighth-amendment first-degree-murder jury-unanimity resentencing retrospective-application retrospective-law sentencing-elements substantive-criminal-law |
When changes in a state's substantive criminal law apply retrospectively to cases involving homicides committed in 1981 and 1982, but not to cases inv… |
| 18-6916 |
Troy Lincoln Powell v. California |
California |
2018-12-04 |
Denied |
IFP |
constitutional-rights criminal-sentencing death-penalty due-process eighth-amendment fifth-amendment fourteenth-amendment mental-illness sixth-amendment |
Does the imposition of the death penalty on a severely mentally ill defendant violate the Fifth, Sixth, Eighth and Fourteenth Amendments? |
| 18-6892 |
Joseph C. Garcia v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. |
Fifth Circuit |
2018-12-03 |
Denied |
IFP |
access-to-courts compounding-pharmacy due-process eighth-amendment eighth-amendment,access-to-courts,preliminary-inju execution-drug preliminary-injunction safety-violations standing |
Whether the State of Texas impeded a condemned prisoner from succeeding on an Eighth Amendment challenge by refusing to provide readily available info… |
| 18-6906 |
David E. Miller v. Tony Parker, Commissioner, Tennessee Department of Correction, et al. |
Sixth Circuit |
2018-12-03 |
Denied |
IFP |
coercion cruel-and-unusual-punishment death-penalty eighth-amendment ex-post-facto execution-method lethal-injection waiver waiver-of-rights |
When an inmate alleges that both his original and later-imposed punishments for the same crime violate the Eighth Amendment but the later-imposed puni… |
| 18-6889 |
Stephen Todd Booker v. Florida |
Florida |
2018-11-30 |
Denied |
IFP |
apprendi-v-new-jersey criminal-procedure death-penalty death-penalty-sentencing eighth-amendment equal-protection fourteenth-amendment hurst-retroactivity montgomery-v-louisiana retroactivity |
Does the partial retroactivity formula for Hurst v. Florida violate the Eighth and Fourteenth Amendments? |
| 18-6890 |
In Re Joseph C. Garcia |
|
2018-11-30 |
Denied |
IFP |
actual-innocence capital-punishment cruel-and-unusual-punishment death-penalty death-row eighth-amendment eighth-amendment-cruel-and-unusual-punishment fourteenth-amendment fourteenth-amendment-due-process psychological-stress |
Whether Joseph Garcia's extended stay on Texas' death row for nearly 16 years has resulted in his suffering additional severe psychological stress tha… |
| 18-6891 |
Joseph C. Garcia v. Texas |
Texas |
2018-11-30 |
Denied |
IFP |
8th-amendment capital-punishment civil-rights criminal-intent cruel-and-unusual-punishment culpability death-penalty due-process eighth-amendment intent-to-kill mens-rea non-triggerman state-execution |
Whether the Eighth Amendment now forbids a State from executing a person when there is no evidence that he killed or intended to kill another person |
| 18-6869 |
Mario Andrette McNeill v. North Carolina |
North Carolina |
2018-11-29 |
Denied |
IFP |
capital-defendant capital-defendant-instructions capital-punishment counsel counsel-decision-making cruel-and-unusual-punishment eighth-amendment mitigating-evidence right-to-counsel sixth-amendment |
Whether the Sixth Amendment right to counsel and the Eighth Amendment prohibition on cruel and unusual punishment allow a state to give binding force … |
| 18-6877 |
Richard Earl Shere, Jr. v. Florida |
Florida |
2018-11-29 |
Denied |
IFP |
capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection fourteenth-amendment 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… |
| 18-6834 |
Dexter Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-11-27 |
Denied |
IFP |
death-penalty eighth-amendment federal-death-penalty federal-habeas federal-procedure final-judgment fourteenth-amendment habeas-corpus rule-58 |
What are the requirements under Rule 58 for a final judgment in district court for a federal death penalty habeas petition under the Eighth and Fourte… |
| 18-6843 |
James Milton Dailey v. Florida |
Florida |
2018-11-27 |
Denied |
IFP |
capital-punishment death-penalty eighth-amendment equal-protection fourteenth-amendment hurst-error hurst-v-florida retroactivity ring-v-arizona supremacy-clause |
Does the Florida Supreme Court's partial retroactivity decision violate the Eighth and Fourteenth Amendments? |
| 18-6808 |
Harlem Suarez v. United States |
Eleventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
commerce-clause commerce-clause-power criminal-procedure eighth-amendment first-time-offender hobbs-act interstate-commerce proportionality taylor-v-united-states united-states-v-lopez weapon-of-mass-destruction weapons-of-mass-destruction |
Whether the federal offense of attempted use of a weapon of mass destruction, 18 U.S.C. § 2332a, only requires a de minimis effect on interstate comme… |
| 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… |
| 18-684 |
Patti Stevens-Rucker, Administrator of the Estate of Jason White, Deceased v. John Frenz, et al. |
Sixth Circuit |
2018-11-26 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
14th-amendment 8th-amendment arrest-procedure circuit-split civil-rights constitutional-obligations due-process eighth-amendment police-duty-of-care police-use-of-force qualified-immunity tenth-amendment |
Are there circumstances in which police officers are constitutionally obligated to help a person injured during arrest, as the Eighth and Tenth Circui… |
| 18-6766 |
David Gulbrandson v. Charles L. Ryan, Director, Arizona Department of Corrections |
Ninth Circuit |
2018-11-21 |
Denied |
IFP |
capital-punishment capital-punishment-sentencing death-penalty eighth-amendment habeas-corpus procedural-default procedural-ruling second-in-time-petition statutory-aggravating-factors statutory-aggravator successive-petitions |
Whether reasonable jurists would debate the correctness of the district court's procedural ruling that Gulbrandson's second-in-time § 2254 petition wa… |
| 18-6769 |
Kenneth G. Middleton v. Ronda Pash, Superintendent, Crossroads Correctional Center |
Missouri |
2018-11-21 |
Denied |
IFP |
actual-innocence constitutional-rights due-process eighth-amendment fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel post-conviction-proceedings post-conviction-relief |
Whether the continued incarceration of a state prisoner who has presented a truly persuasive case of actual innocence violates the Eighth and Fourteen… |
| 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… |
| 18-6777 |
Kenya Ali Hyatt v. Michigan |
Michigan |
2018-11-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
eighth-amendment fourteenth-amendment jury-determination juvenile-life-without-parole juvenile-sentencing miller-v-alabama proof-beyond-reasonable-doubt sentencing sentencing-statute sixth-amendment |
Whether Michigan's Miller statute requires a jury determination and proof beyond a reasonable doubt |
| 18-6782 |
Tia Marie-Mitchell Skinner v. Michigan |
Michigan |
2018-11-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
eighth-amendment fourteenth-amendment jury-determination juvenile-life-without-parole juvenile-sentencing miller-v-alabama proof-beyond-reasonable-doubt sentencing-statute sixth-amendment |
Whether Michigan's Miller v. Alabama sentencing statute requires a jury determination and proof beyond a reasonable doubt, under the Sixth and Fourtee… |
| 18-6784 |
In Re Samuel Rivera |
|
2018-11-21 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-amendments constitutional-violation criminal-procedure due-process eighth-amendment federal-jurisdiction fifth-amendment habeas-corpus jurisdictional-rules standing |
whether-court-judges-uphold-constitution |
| 18-6735 |
Perry Alexander Taylor v. Florida |
Florida |
2018-11-20 |
Denied |
IFP |
caldwell-v-mississippi death-penalty eighth-amendment equal-protection flawed-scientific-testimony hurst-retroactivity medical-examiner-testimony non-unanimous-jury retroactivity |
Whether the State of Florida can deny Hurst relief and execute a prisoner because his case became final before June 24, 2002 |
| 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? |
| 18-6713 |
Donald Anthony Grant v. Mike Carpenter, Interim Warden |
Tenth Circuit |
2018-11-15 |
Denied |
IFP |
8th-amendment constitutional-rights criminal-procedure death-penalty eddings-precedent eddings-v-oklahoma eighth-amendment lockett-rule lockett-v-ohio mental-health mental-health-evidence mitigating-evidence moral-culpability |
Whether the Eighth Amendment requires a sentencer to consider mitigating evidence of a capital defendant's mental health and background when determini… |
| 18-6670 |
Richard Allen Barker v. California |
California |
2018-11-13 |
Denied |
IFP |
accomplice-liability constitutional-law constitutional-proportionate-punishment criminal-procedure eighth-amendment enmund-v-florida in-re-butler in-re-rodriguez individual-culpability proportionate-punishment |
Whether forcing the petitioner to serve an excessive punishment of 45 years incarceration for his individual culpability as an accomplice, when the ac… |
| 18-6554 |
Walter Collins v. Tennessee |
Tennessee |
2018-11-02 |
Denied |
Response WaivedIFP |
constitutional-rights cruel-and-unusual-punishment eighth-amendment fourteenth-amendment juvenile-sentencing life-sentence mandatory-life-sentence opportunity-for-release reasonable-opportunity-for-release |
Whether a mandatory life sentence for a crime committed by a juvenile that does not allow him a reasonable opportunity for release violates the prohib… |
| 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? |
| 18-6527 |
Jedediah C. v. West Virginia |
West Virginia |
2018-10-31 |
Denied |
IFP |
double-jeopardy due-process eighth-amendment equal-protection fifth-amendment fourteenth-amendment home-incarceration pre-trial time-served west-virginia |
Has the Petitioner's Fifth, Eighth and Fourteenth Amendment Constitutional Rights been violated when the Courts of West Virginia refused to grant cred… |
| 18-6469 |
Tyrone D. Morant v. Jason Lewis, Superintendent, Southeast Correctional Center |
Missouri |
2018-10-30 |
Denied |
IFP |
eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery miller-v-alabama montgomery-v-louisiana parole parole-hearing resentencing resentencing-proceeding |
Whether the Eighth Amendment requires juvenile defendants who received mandatory life without parole sentences to receive adversarial resentencing pro… |
| 18-553 |
Juliet Yackel v. South Dakota, et al. |
South Dakota |
2018-10-29 |
Denied |
|
atkins-claim atkins-v-virginia conflict-of-interest counsel-representation death-penalty death-penalty-appeal eighth-amendment fourteenth-amendment ineffective-assistance-of-counsel intellectual-disability moore-v-texas |
Whether Rodney Berget was arbitrarily deprived of conflict-free counsel in violation of the Fourteenth Amendment when his counsel determined not to fi… |
| 18-6488 |
Alonzo Dwayne Coleman v. Michael Hakala, et al. |
Eighth Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-medical-care deliberate-deception deliberate-indifference due-process eighth-amendment incarceration medical-evidence medical-treatment prison prison-medical-treatment rare-disease |
Whether there is a constitutional standard of medical care for persons with rare massive polycystic liver disease and are the state's (Missouri) priso… |
| 18-6405 |
Sydney L. Thieszen v. Nebraska |
Nebraska |
2018-10-23 |
Denied |
Response WaivedIFP |
eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana tatum-v-arizona |
Whether the Eighth Amendment permits a juvenile convicted of a homicide offense to be sentenced to the functional equivalent of life without parole |
| 18-6378 |
Robert Ira Peede v. Florida |
Florida |
2018-10-18 |
Denied |
IFP |
arbitrary-cutoff capital-murder capital-punishment death-penalty death-penalty-retroactivity due-process eighth-amendment evolving-standards-of-decency fourteenth-amendment hurst-v-florida jury-unanimity retroactivity |
Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida violates the Eighth and Fourteenth Amendm… |
| 18-6367 |
Joel Carter v. Jamie Ayala, et al. |
Sixth Circuit |
2018-10-17 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-services medical-treatment precedent prisoner-rights summary-judgment |
Did the lower court err in granting summary judgment in favor of Respondents on Petitioner's Eighth Amendment deliberate indifference claim, by issuin… |
| 18-487 |
D. A. v. D. P., II |
Indiana |
2018-10-16 |
Denied |
|
caperton-standard caperton-v-a-t-massey-coal-co caperton-v-massey due-process eighth-amendment fourteenth-amendment judicial-bias magistrate-ruling williams-v-pennsylvania |
Did the Indiana Court of Appeals decision conflict with the due process standard in Caperton v. A.T. Massey Coal Co.? |
| 18-6315 |
David Ivy v. Tennessee |
Tennessee |
2018-10-16 |
Denied |
IFP |
atkins-claim atkins-v-virginia constitutional-prohibition cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability moore-v-texas procedural-mechanism roper-v-simmons state-procedure |
Where this Court has declared, States may not execute anyone in the entire category of [intellectually disabled] offenders. Moore v. Texas, 137 S. Ct.… |
| 18-463 |
Bernard Morello v. Texas |
Texas |
2018-10-12 |
Denied |
Response Waived |
arbitrary-enforcement civil-rights constitutional-proportionality due-process eighth-amendment excessive-fines fourteenth-amendment proportionality state-law state-statute statutory-fines |
Does a properly enacted state statute imposing fines and penalties violate the Eighth Amendment if the state applies the statute arbitrarily and abusi… |
| 18-443 |
Bobby James Moore v. Texas |
Texas |
2018-10-09 |
Denied |
Amici (3)Relisted (5) |
capital-punishment clinical-criteria clinical-standards criminal-procedure eighth-amendment intellectual-disability lay-stereotypes medical-standards moore-v-texas |
Whether the Eighth Amendment and this Court's decision in Moore v. Texas, 137 S. Ct. 1039 (2017) prohibit relying on non-clinical criteria and lay ste… |
| 18-6238 |
Edmund Zagorski v. Tony Parker, Commissioner, Tennessee Department of Corrections, et al. |
Tennessee |
2018-10-09 |
Denied |
IFP |
constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment execution-methods execution-protocol feasible-alternative fourteenth-amendment lethal-injection state-secrecy |
Where the credited, credible, and unassailable evidence at trial proves with certainty that a lethal injection protocol will inflict severe pain and m… |
| 18-6262 |
Richard Penunuri v. California |
California |
2018-10-09 |
Denied |
IFP |
constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to… |
| 18-6214 |
Ricardo Rene Sanders v. Ron Davis, Warden |
Ninth Circuit |
2018-10-04 |
Denied |
Amici (1)IFP |
brady-violation brady-violations california-habeas cullen-v-pinholster death-row eighth-amendment evidentiary-hearing federal-habeas habeas-corpus materiality materiality-test ninth-circuit prima-facie-case prosecutorial-misconduct |
Whether the federal habeas courts should evaluate the summary denial of a California habeas petition based on whether the petitioner failed to allege … |
| 18-6224 |
Lamond Latney v. Anthony Parker |
Fourth Circuit |
2018-10-04 |
Denied |
IFP |
civil-rights due-process eighth-amendment equal-protection excessive-fines federal-jurisdiction fourteenth-amendment incorporation standing takings |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-6226 |
Roderick K. Forest v. Jason Lewis, Superintendent, Southeast Correctional Center |
Missouri |
2018-10-04 |
Denied |
Response WaivedIFP |
eighth-amendment habeas-corpus juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery miller-v-alabama montgomery-v-louisiana parole-hearing resentencing |
Does the Eighth Amendment require juvenile defendants who received mandatory life without parole sentences to receive adversarial resentencing proceed… |
| 18-6201 |
Nicholas DeAngelis v. Bruce Plumley, Warden |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
28-usc-2244 28-usc-2255 actual-innocence cruel-and-unusual-punishment due-process eighth-amendment equal-protection federal-habeas federal-prisoners habeas-corpus procedural-bar procedural-bars time-limits |
whether-federal-prisoners-have-the-same-gateway-for-actual-innocence-as-state-prisoners |
| 18-6207 |
Manuel Ernesto Paiz Guevara v. United States |
Fourth Circuit |
2018-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion capital-crime capital-punishment criminal-procedure death-penalty eighth-amendment fourth-circuit-split mandatory-sentencing miller-v-alabama right-to-counsel sentencing sentencing-discretion statutory-interpretation |
Whether the Fourth Circuit erred in denying the defendant's request for two attorneys in a capital case |
| 18-6167 |
Ronald Wayne Clark, Jr. v. Florida |
Florida |
2018-10-02 |
Denied |
IFP |
capital-case capital-case,eighth-amendment,cruel-and-unusual-pu capital-punishment codefendant-culpability codefendants cruel-and-unusual-punishment cruel-unusual-punishment death-penalty death-sentence eighth-amendment proportionality-review reliability-of-death-sentence |
Whether an assessment of the relative culpability of codefendants in a capital case in Florida is required pursuant to the Eighth Amendment in order t… |
| 18-6178 |
Joseph A. Clark v. Eileen Ramey, Superintendent, Jefferson City Correctional Center |
Missouri |
2018-10-02 |
Denied |
Response WaivedIFP |
eighth-amendment habeas-corpus juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery miller-v-alabama montgomery-v-louisiana parole-hearing resentencing |
Whether the Eighth Amendment requires juvenile defendants who received mandatory life without parole sentences to receive adversarial resentencing pro… |
| 18-6185 |
Jason Beckman v. Florida |
Florida |
2018-10-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi apprendi-v-new-jersey criminal-procedure due-process fact-finding factfinding jury-factfinding juvenile-sentencing life-sentence miller-factors miller-v-alabama sentencing-factors sixth-amendment |
Whether section 921.1401, Florida Statutes, violates the Sixth Amendment by allowing a judge rather than a jury to conduct the factfinding necessary t… |
| 18-6149 |
Christopher Polk v. Jason Lewis, Superintendent, Southeast Correctional Center |
Missouri |
2018-10-01 |
Denied |
Response WaivedIFP |
eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery miller-v-alabama montgomery-v-louisiana parole parole-hearing resentencing resentencing-proceeding |
Whether the Eighth Amendment requires juvenile defendants who received mandatory life without parole sentences to receive adversarial resentencing pro… |
| 18-6155 |
Christian Lemus Cerna, aka Leopardo, aka Bago, aka Vago, aka Gatito, aka Christian Josue Lemus Alfaro v. United States |
Fourth Circuit |
2018-10-01 |
Denied |
Response WaivedIFP |
brady-evidence-disclosure brady-violation brady-violations court-of-appeals criminal-procedure eighth-amendment eighth-amendment-sentencing evidence-admission false-testimony jury-instructions lesser-included-offenses mandatory-life-sentence severance-of-defendants uncharged-conduct-evidence uncharged-murder-evidence |
Whether the Court of Appeals erred in affirming the district court's decisions |
| 18-396 |
Brittan Holland, et al. v. Kelly Rosen, et al. |
Third Circuit |
2018-09-28 |
Denied |
Amici (2)Response Waived |
bail bail-reform-act criminal-procedure due-process eighth-amendment fourth-amendment monetary-bail new-jersey pretrial-detention pretrial-liberty restrictive-conditions |
Whether New Jersey's law prohibiting courts from considering monetary bail unless no combination of non-monetary conditions will reasonably assure the… |
| 18-6135 |
James K. Kahler v. Kansas |
Kansas |
2018-09-28 |
Judgment Issued |
Amici (12)Relisted (7)IFP |
civil-rights constitutional-rights criminal-law due-process eighth-amendment fourteenth-amendment insanity-defense legal-history mens-rea mental-health |
Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense? |
| 18-6119 |
Gary Long, Jr. v. United States |
Eighth Circuit |
2018-09-27 |
Denied |
Response WaivedIFP |
circuit-split criminal-sentencing de-facto-life-sentence due-process eighth-amendment federal-court-split federal-courts life-sentence sentencing-analysis sentencing-guidelines supreme-court-precedent term-of-years |
Whether the district and appellate court failed to conduct the proper analysis of imposing a de facto life sentence on the petitioner? |
| 18-6088 |
Joseph Burris v. Eileen Ramey, Superintendent, Jefferson City Correctional Center |
Missouri |
2018-09-26 |
Denied |
Response WaivedIFP |
eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery miller-v-alabama montgomery-v-louisiana parole parole-hearing resentencing resentencing-proceeding |
Whether the Eighth Amendment requires juvenile defendants who received mandatory life without parole sentences to receive adversarial resentencing pro… |
| 18-6086 |
In Re Daniel Clate Acker |
|
2018-09-24 |
Denied |
IFP |
8th-amendment actual-innocence constitutional-claims death-penalty due-process eighth-amendment false-evidence habeas-corpus new-evidence state-liability state-repudiation wrongful-conviction |
Whether an original writ of habeas corpus is appropriate in the case of a death-sentenced individual who was convicted and sentenced to death on a the… |
| 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? |
| 18-6032 |
D. L. v. Wisconsin |
Wisconsin |
2018-09-19 |
Denied |
Response WaivedIFP |
does-wisconsin's-sentencing-scheme-apply-to-juveni federal-habeas-proceedings habeas-corpus-review ineffective-assistance-counsel ineffective-assistance-of-counsel juvenile-sentencing mandatory-life-sentence martinez-trevino-doctrine martinez-v-ryan miller-v-alabama procedural-default state-habeas state-habeas-proceedings trevino-v-thaler |
Can the exceptions excusing procedural default of ineffective assistance of trial counsel claims in the Martinez/Trevino doctrine apply to State Habea… |
| 18-6027 |
Hayden Beaulieu v. Arizona |
Arizona |
2018-09-18 |
Denied |
IFP |
8th-amendment cruel-and-unusual-punishment due-process eighth-amendment extradition juvenile-justice plea-deal prosecutorial-discretion sentencing transfer-hearing |
Is it permissible under the 8th amendment to impose an adult sentence on a minor for a non-dangerous, non-repetitive offense? |
| 18-337 |
County of Orange, California, et al. v. Mary Gordon, Individually and as Successor in Interest to Matthew Shawn Gordon, Deceased |
Ninth Circuit |
2018-09-14 |
Denied |
Amici (2) |
42-usc-1983 civil-rights constitutional-standard due-process eighth-amendment fourth-amendment medical-care objective-reasonableness pretrial-detainee qualified-immunity section-1983 standard-of-care |
Whether a pretrial detainee's 'inadequate medical care' claim pursuant to 42 U.S.C. § 1983 requires a showing of a jail professional's subjective inte… |
| 18-5986 |
Damon L. Caldwell v. Stanley Payne, Superintendent, Eastern Reception, Diagnostic and Correctional Center |
Missouri |
2018-09-14 |
Denied |
Response WaivedIFP |
eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole meaningful-opportunity miller-montgomery miller-v-alabama montgomery-v-louisiana parole parole-hearing realistic-opportunity resentencing resentencing-proceeding |
Whether Missouri's parole laws and procedures violate the Eighth Amendment by failing to provide juvenile offenders a meaningful and realistic opportu… |
| 18-5996 |
Gene Lemay Barris v. United States |
Eighth Circuit |
2018-09-14 |
Denied |
Response WaivedIFP |
appeal criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment habeas-corpus ineffective-assistance-of-counsel sentencing unreasonable-sentence |
Whether the sentencing court erred in imposing an unreasonable sentence on the defendant in violation of the Eighth Amendment's prohibition on cruel a… |
| 18-5948 |
Patrick Henry Murphy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-09-12 |
Denied |
IFP |
conspiracy criminal-conspiracy death-penalty death-penalty-sentencing eighth-amendment enmund-v-florida-tison-v-arizona felony felony-murder jury-findings sentencing-requirements sixth-amendment |
Does the Sixth or Eighth Amendment require that before a party may be sentenced to death as a conspirator (rather than a trigger-person), the jury mus… |
| 18-5937 |
Charles Lee Burton v. Alabama |
Alabama |
2018-09-11 |
Denied |
IFP |
aggravating-factors caldwell-v-mississippi capital-sentencing capital-sentencing-scheme constitutional-review death-penalty eighth-amendment evolving-standards-of-decency hurst-v-florida jury-instructions jury-recommendation mitigating-factors |
Whether Alabama's capital sentencing scheme is unconstitutional under Hurst v. Florida and Caldwell v. Mississippi |
| 18-5892 |
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? |
| 18-5895 |
Justin Lyle Izatt v. United States |
Ninth Circuit |
2018-09-05 |
Denied |
Response WaivedIFP |
28-usc-2255 constitutional-law court-of-appeals due-process eighth-amendment federal-courts federal-habeas-corpus federal-question gross-disproportionality habeas-corpus judicial-review petition-for-writ-of-certiorari post-conviction-relief sentencing |
Whether the Court of Appeals committed error by denying the Petitioner's 28 U.S.C. §2255 petition? |
| 18-5861 |
Danny Lopez Chavez v. Joel Martinez, Warden |
Ninth Circuit |
2018-08-31 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-rights criminal-law cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing |
Whether appellant's sentence is grossly disproportionate to the crimes of conviction |
| 18-5696 |
Curtis Croft v. Illinois |
Illinois |
2018-08-22 |
Denied |
Response WaivedIFP |
constitutional-review due-process irreparable-corruption juvenile-sentencing life-without-parole miller-v-alabama opportunity-to-present-evidence sentencing-discretion split-of-authority |
Whether Illinois has misused the broad discretion allowed the states |
| 18-5698 |
Devonte Brown v. Ohio |
Ohio |
2018-08-22 |
Denied |
Response WaivedIFP |
8th-amendment cruel-and-unusual-punishment due-process eighth-amendment irreparable-corruption juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sentencing |
Whether this Court's precedent requires a trial court's record to reflect specific consideration of irreparable corruption before sentencing the child… |
| 18-5710 |
Alejandro Amor v. United States, ex rel. Juan Pena, et al. |
Eleventh Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
double-jeopardy eighth-amendment election-of-remedies estoppel excessive-fines false-claims-act materiality res-judicata restitution seventh-amendment |
Whether the False Claims Act 31 U.S.C. 3729-33 (FCA), estoppel provision violates the Seventh Amendment of the Constitution |
| 18-5671 |
In Re Kenneth Simpson |
|
2018-08-21 |
Dismissed |
Response WaivedIFP |
civil-rights conditions-of-release due-process eighth-amendment habeas-corpus parole sentencing standing supervised-release |
Whether a court can refuse to address a claim that an individual is being incarcerated under an unconstitutional statute, even when the individual has… |
| 18-217 |
Randall Mathena, Warden v. Lee Boyd Malvo |
Fourth Circuit |
2018-08-20 |
Granted |
Amici (13)Relisted (9) |
collateral-review constitutional-law constitutional-rule criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing montgomery-v-louisiana retroactivity substantive-rule supreme-court-precedent teague-v-lane |
Whether the Fourth Circuit erred in concluding that Montgomery v. Louisiana modified and expanded the rule announced in Miller v. Alabama |
| 18-5648 |
Anthony Lamarca v. Florida |
Florida |
2018-08-20 |
Denied |
IFP |
apprendi-v-new-jersey capital-case death-penalty eighth-amendment eighth-amendment-cruel-and-unusual-punishment fourteenth-amendment fourteenth-amendment-due-process hurst-v-florida jury-unanimity retroactivity ring-v-arizona |
Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida violates the Eighth and Fourteenth Amendm… |
| 18-5652 |
Glen Springer v. Benjamin Dale Caple, et al. |
Eighth Circuit |
2018-08-20 |
Denied |
IFP |
8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-care medical-needs prison-conditions |
Did Phish Suffer An Eighth Amendment Violation? |
| 18-5634 |
Kipland Phillip Kinkel v. Garrett Laney, Superintendent, Oregon State Correctional Institution |
Oregon |
2018-08-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
eighth-amendment juvenile-sentencing life-without-parole mental-illness miller-montgomery-standard miller-v-alabama montgomery-v-louisiana procedural-due-process |
Does a treatable, but not curable, mental illness constitute irreparable corruption' under Miller v. Alabama and Montgomery v. Louisiana? |
| 18-203 |
Joey Montrell Chandler, aka Joey M. Chandler, aka Joey Chandler v. Mississippi |
Mississippi |
2018-08-15 |
Denied |
Amici (5)Response RequestedResponse WaivedRelisted (2) |
8th-amendment criminal-procedure eighth-amendment incorrigible juvenile-offender juvenile-offenders juvenile-sentencing life-without-parole permanent-incorrigibility rehabilitation sentencing sentencing-discretion state-supreme-courts |
Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentenc… |
| 18-5595 |
Keith L. Williams v. Kul Sood, et al. |
Seventh Circuit |
2018-08-15 |
Denied |
Response WaivedIFP |
8th-amendment civil-procedure civil-rights due-process eighth-amendment in-forma-pauperis judicial-discretion prisoner-rights procedural-error standing summary-judgment |
Whether court of appeals or district court abused its discretion in (8th) amendment violation claim by failing to acknowledge evidence |
| 18-5584 |
Lawrence L. Thompson v. Pete Copeland, et al. |
Ninth Circuit |
2018-08-14 |
Denied |
Relisted (2)IFP |
4th-amendment 8th-amendment arrest-procedure civil-rights constitutional-violation due-process eighth-amendment excessive-force failure-to-supervise fourth-amendment qualified-immunity search-and-seizure |
Whether Deputy Copeland's arrest of Mr. Thompson was unconstitutional and warranted the denial of qualified immunity |
| 18-5546 |
Billie Wayne Coble v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-10 |
Denied |
IFP |
capital-case capital-sentencing constitutional-rights daubert daubert-standard due-process eighth-amendment expert-testimony future-dangerousness reliability |
Whether the Fifth Circuit and Texas courts improperly applied Barefoot v. Estelle to categorically foreclose claims that unreliable expert testimony o… |
| 18-171 |
Robert R. Snyder v. California Department of Corrections and Rehabilitation, et al. |
Ninth Circuit |
2018-08-08 |
Denied |
|
42-usc-1983 civil-rights color-of-state-law constitutional-rights Cruel-and-unusual-punishment Due-process Eighth-amendment First-amendment immunity law-library-access Preliminary-injunction prisoner-rights retaliation section-1983 |
Does a person or entity have immunity from prosecution under 42 U.S.C. § 1983 when rights secured by the U.S. Constitution have been violated by said … |
| 18-5517 |
Mike Peter Gallardo v. Arizona |
Arizona |
2018-08-08 |
Denied |
IFP |
capital-jury capital-punishment citizen-jurors due-process eighth-amendment fair-cross-section fourteenth-amendment ineffective-assistance jury-composition sixth-amendment |
Whether seating an alien capital juror violated the petitioner's Sixth, Eighth, and Fourteenth Amendment rights |
| 18-5518 |
Norman Mearle Grim v. Florida |
Florida |
2018-08-08 |
Denied |
Relisted (5)IFP |
advisory-jury burden-of-proof caldwell-v-mississippi capital-case death-penalty death-penalty-sentencing eighth-amendment harmless-error hurst-v-florida hurst-violation sixth-amendment sullivan-v-louisiana |
Whether a Hurst violation can be ruled harmless based solely on a pre-Hurst advisory jury's unanimous vote to recommend death, where the jurors heard … |
| 18-5495 |
In Re Billy Ray Irick |
|
2018-08-07 |
Denied |
Amici (1)IFP |
cruel-and-unusual-punishment cruel-unusual-punishment death-penalty eighth-amendment evolving-standards-of-decency fourteenth-amendment mental-illness personal-culpability sentencing |
Whether the imposition of the death penalty on a person who was severely mentally ill at the time of the offense constitutes cruel and unusual punishm… |
| 18-162 |
Elzie Ball, et al. v. James M. LeBlanc, Secretary, Louisiana Department of Public Safety and Corrections, et al. |
Fifth Circuit |
2018-08-06 |
Dismissed |
Response RequestedResponse Waived |
air-conditioning constitutional-remedies constitutional-remedy eighth-amendment heat-index judicial-relief plra plra-restrictions prison-conditions prospective-relief remedies |
Whether the PLRA's tailoring requirement prohibits a district court from ordering a prison to maintain a maximum heat index to remedy a constitutional… |
| 18-5455 |
In Re Deborah Elizabeth Gouch-Onassis |
|
2018-08-06 |
Dismissed |
IFP |
but the text you've provided appears to be incomp fragmented I cannot extract a meaningful question presented I will respond with: 'Question not identified." legible text of a SCOTUS petition for writ of cer or unreadable. Without a clear civil-rights due-process eighth-amendment equal-protection excessive-fines fourteenth-amendment incorporation jurisdiction standing takings |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-5466 |
Lawrence E. Wilson v. Ohio |
Ohio |
2018-08-06 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment nunc-pro-tunc open-court right-to-counsel sentencing sentencing-requirements sixth-amendment void |
Whether a trial court's failure to comply with statutory requirements when imposing a sentence renders the attempted sentence void |
| 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… |
| 18-5430 |
James Davis Bennett, et ux. v. United States, et al. |
Ninth Circuit |
2018-08-01 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-defense deliberate-indifference due-process eighth-amendment estelle-vs-gamble federal-rules-of-appellate-procedure medical-care prisoner-rights serious-medical-needs summary-judgment |
Whether the Eighth Amendment allows a court to create a constitutional defense to an admitted Eighth Amendment violation requiring a prisoner plaintif… |
| 18-5402 |
Thomas Dewey Pope v. Florida |
Florida |
2018-07-31 |
Denied |
IFP |
8th-amendment caldwell-v-mississippi capital-punishment due-process eighth-amendment equal-protection hurst-v-florida hurst-v-state montgomery-v-louisiana retroactivity supremacy-clause |
Does the Florida Supreme Court's determination that the jury findings required by Hurst v. Florida and Hurst v. State enhance the reliability of decis… |
| 18-5408 |
Norberto Serna v. California |
California |
2018-07-31 |
Denied |
Response WaivedIFP |
bodily-harm criminal-law cruel-and-unusual-punishment due-process eighth-amendment equal-protection extortion kidnapping sentencing sentencing-disparity |
Whether California violates the Equal Protection Clause and Eighth Amendment by imposing a harsher maximum sentence on kidnapper-extortionists than on… |
| 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… |
| 18-5384 |
Wendell Rivera-Ruperto v. United States |
First Circuit |
2018-07-30 |
Denied |
IFP |
8th-amendment due-process due-process-clause eighth-amendment government-manipulation mandatory-life-sentence mandatory-minimum sentencing-enhancement sentencing-enhancements statutory-manipulation sting-operation sting-operations |
Whether the Eighth Amendment forbids the creation of a de-facto mandatory life without parole sentence through stacking 18 U.S.C. § 924(c) charges |
| 18-5376 |
Mark Allen Geralds v. Florida |
Florida |
2018-07-27 |
Denied |
IFP |
arbitrary-cutoff capital-murder capital-punishment death-penalty due-process eighth-amendment equal-protection fourteenth-amendment hurst-v-florida jury-unanimity retroactivity |
Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida violates the Eighth and Fourteenth Amendm… |
| 18-5359 |
Ernest D. Suggs v. Florida |
Florida |
2018-07-26 |
Denied |
IFP |
appellate-review caldwell-v-mississippi capital-sentencing death-penalty death-penalty-sentencing eighth-amendment hurst-v-florida judicial-responsibility jury-instructions jury-recommendation |
Does a Florida death sentence imposed pursuant to the capital sentencing scheme overruled in Hurst v. Florida, 136 S. Ct. 616 (2016), in a case where … |
| 18-5360 |
Curtis L. Clinton v. Ohio |
Ohio |
2018-07-26 |
Denied |
IFP |
constitutional-rights criminal-justice-system criminal-procedure eighth-amendment equal-protection fair-trial fourteenth-amendment racial-stereotype racial-stereotypes racial-stereotyping sixth-amendment |
Whether a defendant's rights to the effective assistance of counsel, a fair and impartial jury, to be free from cruel and unusual punishment, and to t… |
| 18-5346 |
Roger Wilson v. United States |
Third Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection excessive-bail free-speech pretrial-detention speedy-trial standing |
Whether the Eighth Amendment's prohibition on excessive bail and cruel and unusual punishment was violated when the petitioner was detained for 10 mon… |
| 18-5352 |
Paul Anthony Brown v. Florida |
Florida |
2018-07-25 |
Denied |
IFP |
arbitrary-cutoff capital-punishment constitutional-rights death-penalty death-penalty-retroactivity due-process eighth-amendment equal-protection fourteenth-amendment hurst-v-florida jury-unanimity retroactivity |
Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida violates the Eighth and Fourteenth Amendm… |
| 18-5354 |
Darryl Brian Barwick v. Florida |
Florida |
2018-07-25 |
Denied |
IFP |
arbitrary-cutoff capital-murder capital-punishment death-penalty due-process eighth-amendment fourteenth-amendment hurst-v-florida jury-unanimity retroactivity |
Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida violates the Eighth and Fourteenth Amendm… |
| 18-5311 |
Jack Reid v. United States |
Second Circuit |
2018-07-24 |
Denied |
Response WaivedIFP |
civil-procedure criminal-forfeiture criminal-procedure drug-forfeiture drug-offenses due-process eighth-amendment excessive-fines property-rights property-seizure sentencing standing substantial-connection |
Whether property subject to forfeiture under 21 U.S.C. §853(a)(2) must have a substantial connection to the underlying criminal activity |
| 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… |
| 18-5330 |
Gregory Alan Kokal v. Julie L. Jones, Secretary, Florida Department of Corrections |
Florida |
2018-07-24 |
Denied |
IFP |
capital-case capital-case,eighth-amendment,cruel-and-unusual-pu capital-punishment codefendant-culpability codefendants cruel-and-unusual-punishment culpability death-sentence eighth-amendment proportionality-review |
Whether an assessment of the relative culpability of codefendants in a capital case in Florida is required pursuant to the Eighth Amendment in order t… |
| 18-100 |
Leonard Maurice Drane v. Eric Sellers, Warden |
Georgia |
2018-07-23 |
Denied |
|
actual-innocence constitutional-review death-penalty due-process eighth-amendment enmund-v-florida fourteenth-amendment habeas-corpus proportionality wrongful-conviction |
When a prisoner under a sentence of death has acquired compelling and undisputed evidence of his actual innocence after his trial that the state court… |
| 18-98 |
Jerrard T. Cook, aka Jerrad T. Cook, aka Jerrard Cook aka Jerrard Tramaine Cook, aka J-Fat v. Mississippi |
Mississippi |
2018-07-23 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure eighth-amendment eighth-amendment-prohibits juvenile-offenders juvenile-sentencing life-without-parole montgomery-v-louisiana permanent-incorrigibility sentencing sentencing-authority |
Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible in order to impose a sent… |
| 18-5280 |
Patrick Lanier v. United States |
Fifth Circuit |
2018-07-20 |
Denied |
Response WaivedRelisted (2)IFP |
appeal criminal-procedure eighth-amendment fifth-circuit judicial-proceedings judicial-review manifest-miscarriage plain-error plain-error-review restitution rule-52b sentencing sentencing-error |
Whether the plain error standard requires a 'manifest miscarriage of justice' to correct a forfeited error affecting substantial rights |
| 18-5276 |
William Clark v. United States |
District of Columbia |
2018-07-19 |
Denied |
Response WaivedIFP |
age-of-majority age-of-maturity brain-development criminal-procedure cruel-and-unusual-punishment eighth-amendment equal-protection juvenile-justice montgomery-line sentencing sentencing-considerations |
Whether the Montgomery Line of decisions apply to those under 18-years-old? |
| 18-5278 |
Christopher Collings v. Missouri |
Missouri |
2018-07-19 |
Denied |
IFP |
capital-punishment culpability deliberation due-process eighth-amendment eighth-amendment-reliability intoxication jury-instructions mens-rea mental-state |
Whether it violates the Eighth Amendment to instruct a capital jury that they may not consider evidence of the defendant's intoxication at the time of… |
| 18-81 |
Carltez Taylor v. Indiana |
Indiana |
2018-07-19 |
Denied |
|
constitutional-proportionality cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-expectancy life-without-parole miller-v-alabama sentencing-discretion term-of-years |
Whether it is cruel and unusual punishment to sentence a juvenile to a term exceeding their life expectancy for a single offense |
| 18-5231 |
Richard Lloyd Odom v. Tennessee |
Tennessee |
2018-07-17 |
Denied |
IFP |
but no text of a SCOTUS petition was provided in I cannot generate a question presented or identif please include the full text of the petition. brain-damage capital-case eighth-amendment ineffective-assistance-of-counsel mitigating-evidence sixth-amendment smith-v-texas strickland-prejudice strickland-v-washington tennard-v-dretke |
Whether the Tennessee Court of Criminal Appeals violated Petitioner's Sixth Amendment rights and contravened this Court's Strickland v. Washington pre… |
| 18-5246 |
Warren Darrell Rivers v. Texas |
Texas |
2018-07-17 |
Denied |
IFP |
capital-punishment capital-punishment-sentencing cruel-and-unusual-punishment due-process eighth-amendment fourteenth-amendment individualized-sentencing sentencing sentencing-determination |
Whether prosecution evidence that a capital defendant has been sentenced to death once before in the same case impermissibly undermines the sentencing… |
| 18-5239 |
Deshawn T. Terrell v. Ohio |
Ohio |
2018-07-16 |
Denied |
Amici (1)IFP |
cruel-and-unusual-punishment eighth-amendment felony-murder fourteenth-amendment juvenile-sentencing mandatory-minimums mandatory-sentencing miller-graham-precedent |
Does the mandatory sentencing provision for the offense of felony murder under Ohio Revised Code § 2929.02(B)(1) violate the Eighth and Fourteenth Ame… |
| 18-5228 |
Quawn M. Franklin v. Florida |
Florida |
2018-07-13 |
Denied |
Relisted (5)IFP |
caldwell-error constitutional-claim death-penalty eighth-amendment harmless-error hurst-v-florida hurst-violation individualized-review jury-recommendation sullivan sullivan-v-louisiana |
Whether the per se harmless-error rule adopted by the Florida Supreme Court violates precedents and the Eighth Amendment |
| 18-5218 |
Allen Robertson, Jr. v. Louisiana |
Louisiana |
2018-07-12 |
Denied |
IFP |
atkins-v-virginia criminal-behavior death-penalty eighth-amendment eighth-amendment-cruel-and-unusual-punishment hall-v-florida intellectual-disability jury-misconduct moore-v-texas racial-bias sixth-amendment |
Whether the Louisiana state courts improperly considered Petitioner's criminal behavior in determining that he is not intellectually disabled, in viol… |
| 18-56 |
Tim Shoop, Warden v. Danny Hill |
Sixth Circuit |
2018-07-10 |
GVR |
Relisted (9) |
aedpa antiterrorism-and-effective-death-penalty-act atkins-standard atkins-v-virginia clinical-judgment clinical-judgments death-penalty eighth-amendment habeas-corpus intellectual-disability moore-v-texas |
Did the Sixth Circuit properly use the Moore decision from 2017 to find that an Ohio court unreasonably applied Atkins in 2008, even though the Ohio c… |
| 18-5160 |
Michael Anthony Tanzi v. Florida |
Florida |
2018-07-09 |
Denied |
Relisted (5)IFP |
caldwell-v-mississippi capital-punishment death-penalty due-process eighth-amendment harmless-error hurst-v-florida hurst-violation judicial-procedure per-se-rule supreme-court-precedent |
Whether the Florida Supreme Court's application of a per se harmless-error rule to violations of Hurst v. Florida in pre-Hurst cases violates the Eigh… |
| 18-5181 |
Michael Gordon Reynolds v. Florida |
Florida |
2018-07-09 |
Denied |
Relisted (4)IFP |
caldwell-v-mississippi capital-sentencing death-penalty death-penalty-sentencing eighth-amendment hurst-error jury-instructions ring-v-arizona structural-error |
Whether the Florida Supreme Court's plurality decision rejecting Mr. Reynolds' Caldwell v. Mississippi, 472 U.S. 320 (1985) claim is error. The jury w… |
| 18-5129 |
Rodolfo Trejo v. United States |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing double-counting due-process eighth-amendment equal-protection immigration sentencing sentencing-disparity sentencing-guidelines statutory-interpretation substantive-reasonableness |
Whether Petitioner's Sentence Constitutes Impermissible Double Counting |
| 18-5165 |
Joh-ner Taylor Wilson v. Illinois |
Illinois |
2018-07-06 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation patent standing takings |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-34 |
Pablo San Martin v. Florida |
Florida |
2018-07-05 |
Denied |
|
capital-punishment eighth-amendment equal-protection fourteenth-amendment hurst-v-florida retroactivity ring-cutoff-formula ring-v-arizona |
Whether the retroactivity formula created by the Florida Supreme Court pursuant to Hurst v. Florida violates the Eighth and Fourteenth Amendments |
| 18-5065 |
Manuel Antonio Rodriguez v. Florida |
Florida |
2018-07-05 |
Denied |
IFP |
caldwell-v-mississippi capital-punishment death-penalty death-penalty-sentencing eighth-amendment furman-v-georgia hurst-v-florida retroactivity ring-v-arizona supremacy-clause |
Whether the Florida Supreme Court's per se harmless-error rule for Hurst errors contravenes the Eighth Amendment |
| 18-5122 |
Thomas Overton v. Florida |
Florida |
2018-07-05 |
Denied |
IFP |
apprendi-v-new-jersey capital-punishment constitutional-rights death-penalty death-penalty-retroactivity due-process eighth-amendment equal-protection fourteenth-amendment hurst-v-florida retroactivity ring-v-arizona supremacy-clause supreme-court |
Whether the Florida Supreme Court's partial retroactivity approach for Hurst v. Florida and Hurst v. State violates the Eighth and Fourteenth Amendmen… |
| 18-5124 |
Norberto Pietri v. Florida |
Florida |
2018-07-05 |
Denied |
IFP |
due-process eighth-amendment equal-protection hurst-standard hurst-v-florida hurst-v-state retroactivity supremacy-clause |
Whether the Florida Supreme Court's retroactivity analysis for Hurst violations violates due process, the Eighth Amendment, and the Equal Protection C… |
| 18-5078 |
Bruce Pace v. Florida |
Florida |
2018-07-03 |
Denied |
IFP |
arbitrary-application capital-sentencing disparate-treatment due-process eighth-amendment equal-protection fourteenth-amendment retroactivity |
Whether the Florida Supreme Court's application of only partial retroactivity of Hurst v. State and Hurst v. Florida violates the Eighth and Fourteent… |
| 18-5088 |
Emanuel Johnson v. Florida |
Florida |
2018-07-03 |
Denied |
IFP |
death-penalty eighth-amendment fourteenth-amendment hurst-v-florida judicial-review retroactivity sixth-amendment supremacy-clause |
Did the Florida Supreme Court violate the Supremacy Clause and the Sixth, Eighth, and Fourteenth Amendments in affirming Emanuel Johnson's judicially-… |
| 18-5096 |
Raymond Tibbetts v. John Kasich, Governor of Ohio, et al. |
Sixth Circuit |
2018-07-03 |
Denied |
IFP |
baze-v-rees baze-vs-rees eighth-amendment execution-protocol glossip-v-gross glossip-vs-gross lethal-injection midazolam prisoner-rights scientific-evidence substantial-risk substantial-risk-of-harm substantial-risk-of-serious-harm |
Whether a prisoner challenging a midazolam three-drug lethal-injection protocol must prove with scientific evidence that the first drug is sure or ver… |
| 18-5103 |
Jeffery Day Rieber v. Alabama |
Alabama |
2018-07-03 |
Denied |
IFP |
appellate-counsel capital-sentencing eighth-amendment equal-protection ineffective-assistance judicial-override lesser-included-offense mitigating-evidence right-to-counsel sixth-amendment strickland-v-washington |
Did Mr. Rieber's trial counsel provide constitutionally ineffective assistance? |
| 18-5084 |
Daniel Burns v. Florida |
Florida |
2018-07-02 |
Denied |
IFP |
collateral-review constitutional-amendments constitutional-rights death-penalty death-penalty-sentencing due-process eighth-amendment equal-protection fourteenth-amendment hurst-decision hurst-v-florida retroactivity sixth-amendment supremacy-clause |
Did the Florida Supreme Court violate the Supremacy Clause and the Sixth, Eighth, and Fourteenth Amendments in affirming Daniel Burns' judicially-dete… |
| 18-5091 |
Kevin Don Foster v. Florida |
Florida |
2018-07-02 |
Denied |
IFP |
apprendi-v-new-jersey capital-punishment death-penalty death-penalty-retroactivity eighth-amendment equal-protection fourteenth-amendment hurst-v-florida retroactivity ring-v-arizona |
Whether the Florida Supreme Court's partial retroactivity approach for Hurst relief violates the Eighth and Fourteenth Amendments |
| 18-5037 |
Richard Eugene Hamilton v. Florida |
Florida |
2018-06-29 |
Denied |
IFP |
capital-punishment capital-sentence capital-sentencing eighth-amendment equal-protection fourteenth-amendment hurst-v-florida jury-determination retroactivity supremacy-clause |
Does the Florida Supreme Court's decision limiting the retroactivity of Hurst v. Florida violate the Eighth and Fourteenth Amendments? |
| 18-5040 |
Henry Perry Sireci v. Florida |
Florida |
2018-06-29 |
Denied |
IFP |
constitutional-rights death-penalty eighth-amendment eighth-amendment-cruel-and-unusual-punishment,four eighth-amendment,fourteenth-amendment,death-penalt fourteenth-amendment hurst-v-florida jury-determination jury-sentencing retroactivity |
Whether the Florida Supreme Court's partial retroactivity decision that limits the class of death-sentenced individuals entitled to a jury determinati… |
| 18-5042 |
Jack Sliney v. Florida |
Florida |
2018-06-29 |
Denied |
IFP |
constitutional-rights death-penalty death-penalty-sentencing eighth-amendment fourteenth-amendment hurst-v-florida jury-determination jury-sentencing retroactivity ring-v-arizona |
Whether the Florida Supreme Court's partial retroactivity decision violates the Eighth and Fourteenth Amendments |
| 18-5051 |
Samuel Jason Derrick v. Florida |
Florida |
2018-06-29 |
Denied |
IFP |
arbitrary-cutoff capital-murder capital-punishment death-penalty death-penalty-retroactivity due-process eighth-amendment fourteenth-amendment hurst-v-florida jury-unanimity retroactivity sentencing |
Whether the Florida Supreme Court's partial retroactivity rule as to violations pursuant to Hurst v. Florida violates the Eighth and Fourteenth Amendm… |
| 18-5054 |
Brandy Bain Jennings v. Florida |
Florida |
2018-06-29 |
Denied |
IFP |
arbitrary-sentencing capital-punishment capital-sentencing disparate-treatment due-process eighth-amendment equal-protection fourteenth-amendment retroactivity |
Whether the Florida Supreme Court's application of only partial retroactivity of Hurst v. State and Hurst v. Florida violates the Eighth and Fourteent… |
| 18-5060 |
Konstantinos X. Fotopoulos v. Florida |
Florida |
2018-06-29 |
Denied |
IFP |
capital-sentencing due-process eighth-amendment equal-protection equal-protection-clause hurst-v-florida retroactivity ring-v-arizona state-court |
Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits… |
| 18-5012 |
Ian Deco Lightbourne v. Florida |
Florida |
2018-06-28 |
Denied |
IFP |
capital-punishment capital-sentencing disparate-treatment due-process eighth-amendment equal-protection fourteenth-amendment retroactivity |
Whether Florida's limited retroactive application of its Eighth Amendment decision in Hurst v. State violates the Eighth and Fourteenth Amendments |
| 18-5018 |
Kenneth Darcell Quince v. Florida |
Florida |
2018-06-28 |
Denied |
IFP |
atkins-v-virginia death-penalty diagnostic-criteria eighth-amendment fourteenth-amendment hall-v-florida intellectual-disability medical-standards moore-v-texas |
Whether Florida violated Atkins v. Virginia, Hall v. Florida, Moore v. Texas, and the Eighth and Fourteenth Amendments by disregarding medical evidenc… |
| 18-5021 |
Paul Alfred Brown v. Florida |
Florida |
2018-06-28 |
Denied |
IFP |
constitutional-rights criminal-procedure death-penalty due-process eighth-amendment equal-protection fourteenth-amendment hurst-retroactivity hurst-v-florida retroactivity ring-v-arizona supremacy-clause supreme-court-review |
Does the Florida Supreme Court's partial retroactivity formula for Hurst v. Florida violations violate the Eighth and Fourteenth Amendments? |
| 24A202 |
Loran Cole v. Florida |
Florida |
|
Denied |
|
death-penalty due-process eighth-amendment equal-protection lethal-injection parkinson's-disease |
Whether the Eighth Amendment prohibits the execution of a death row inmate with Parkinson's disease using lethal injection procedures that may cause n… |
| 24A284 |
Freddie Owens v. Bryan Stirling, et al. |
Fourth Circuit |
|
Denied |
|
capital-punishment competency cruel-and-unusual death-penalty eighth-amendment mental-illness |
Whether the Eighth Amendment prohibits the execution of a death row inmate with a documented history of severe mental illness that substantially impai… |
| 24A308 |
Garcia Glenn White v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
|
Denied |
|
atkins-claim eighth-amendment equitable-tolling ineffective-assistance intellectual-disability successive-habeas |
Question not identified. |
| 24A391 |
Christopher Collings v. David Vandergriff, Warden |
Missouri |
|
Denied |
|
capital-punishment eighth-amendment habeas-corpus ineffective-assistance intellectual-disability procedural-default |
Whether the Eighth Amendment prohibits the execution of a capital defendant with credible claims of intellectual disability that were not fully adjudi… |
| 24A498 |
Carey Grayson v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
|
Denied |
|
capital-punishment conscious-suffocation cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-hypoxia |
Whether the Eighth Amendment prohibits executing a prisoner via nitrogen hypoxia in a manner that potentially causes conscious suffocation and superad… |
| 24A553 |
Annette Chambers-Smith, Director, Ohio Department of Rehabilitation and Correction v. Kayla Jean Ayers |
Sixth Circuit |
|
Presumed Complete |
|
cruel-and-unusual eighth-amendment gender-affirmation medical-treatment prison-conditions transgender-rights |
Question not identified. |
| 24A592 |
Tahina Corcoran, as next friend on behalf of Joseph E. Corcoran v. Ron Neal, Warden |
Seventh Circuit |
|
Denied |
|
competency death-penalty eighth-amendment execution-stay mental-illness schizophrenia |
Whether the Eighth Amendment prohibits the execution of a defendant with severe, untreated paranoid schizophrenia who was deemed incompetent to assist… |
| 24A771 |
James D. Ford v. Florida |
Florida |
|
Denied |
|
death-penalty developmental-age due-process eighth-amendment mental-impairment roper-exclusion |
Whether the Eighth Amendment prohibits the execution of an individual with a mental and developmental age significantly below the age of majority at t… |
| 24A1037 |
Jeffrey Glenn Hutchinson v. Florida |
Florida |
|
Denied |
|
death-penalty diminished-moral-culpability eighth-amendment gulf-war-illness postconviction-relief traumatic-brain-injury |
Question not identified. |
| 25A191 |
Kayle Barrington Bates v. Ron DeSantis, Governor of Florida |
Eleventh Circuit |
|
Denied |
|
constitutional-rights death-penalty eighth-amendment execution-stay fourteenth-amendment legal-review |
Question not identified. |
| 25A280 |
David Joseph Pittman v. Florida |
Florida |
|
Denied |
|
atkins-claim death-penalty due-process eighth-amendment intellectual-disability time-bar |
Question not identified. |
| 25A698 |
Frank Walls v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
|
Denied |
|
cruel-and-unusual death-penalty eighth-amendment lethal-injection medical-vulnerability pulmonary-edema |
Question not identified. |
| 25A532 |
Bryan Frederick Jennings v. Florida, et al. |
Florida |
|
Denied |
|
capital-sentencing death-penalty due-process eighth-amendment fourteenth-amendment postconviction-counsel |
Question not identified. |
| 25A693 |
Frank A. Walls v. Florida, et al. |
Florida |
|
Denied |
|
atkins-claim constitutional-interpretation death-penalty due-process eighth-amendment intellectual-disability |
Question not identified. |
| 25A892 |
Ronald Palmer Heath v. Florida, et al. |
Florida |
|
Denied |
|
cruel-and-unusual drug-administration eighth-amendment lethal-injection method-of-execution protocol-violation |
Question not identified. |
| 25A356 |
Victor Tony Jones v. Florida, et al. |
Florida |
|
Denied |
|
atkins-v-virginia death-penalty due-process eighth-amendment intellectual-disability supreme-court-precedent |
Question not identified. |
| 25A577 |
Richard Barry Randolph v. Florida, et al. |
Florida |
|
Denied |
|
capital-punishment death-penalty eighth-amendment irreparable-harm mental-competency method-of-execution |
Question not identified. |
| 25A335 |
In Re Blaine Milam |
|
|
Denied |
|
actual-innocence death-penalty eighth-amendment forensic-evidence intellectual-disability junk-science |
Question not identified. |
| 18A1200 |
Robert Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
|
Presumed Complete |
|
capital-punishment constitutional-violation death-penalty eighth-amendment execution-stay habeas-corpus |
Whether the Eighth Amendment prohibits the execution of a death row inmate based on claims of constitutional violations during the original capital tr… |
| 18A1202 |
Robert Joe Long v. Florida |
Florida |
|
Presumed Complete |
|
cruel-and-unusual death-penalty eighth-amendment etomidate lethal-injection medical-condition |
Whether the Eighth Amendment prohibits the use of etomidate in a lethal injection protocol for an inmate with temporal lobe epilepsy and brain damage |
| 18A1216 |
Bobby Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
|
Presumed Complete |
|
constitutional-rights death-penalty due-process eighth-amendment federal-review irreparable-harm |
Whether the Eighth Amendment and Due Process Clause prohibit the execution of a death row inmate when substantial constitutional claims remain unresol… |
| 18A1346 |
Marion Wilson, Jr. v. Benjamin Ford, Warden |
Georgia |
|
Presumed Complete |
|
capital-punishment clemency death-penalty eighth-amendment execution-stay prosecutorial-misconduct |
Whether the Eighth Amendment prohibits the execution of a death row inmate based on claims of prosecutorial misconduct and death ineligibility |