kidnapping

30 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-7224 Devon Delehoy v. South Dakota, et al. Eighth Circuit 2025-05-16 Denied Relisted (2)IFP actual-innocence constitutional-rights due-process habeas-corpus kidnapping procedural-default Whether a person can be considered held against their will in various scenarios involving voluntary movement and interactions
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 Whether 18 U.S.C. § 242 allows the death penalty for state actor sexual assault and kidnapping under color of law, triggering an unlimited statute of …
24A299 Martin Gonzales v. New Mexico, et al. New Mexico 2024-09-27 Presumed Complete constitutional-interpretation criminal-convictions double-jeopardy incidental-restraint kidnapping state-law Whether a criminal defendant's kidnapping convictions violate double jeopardy principles when based on incidental restraint under New Mexico state law
24-5452 Dustin Sierra, aka Dustin Sierro v. United States Eighth Circuit 2024-09-04 Denied Response WaivedIFP co-defendant criminal-procedure due-process eighth-circuit kidnapping severance Whether the defendant's case should have been severed from his co-defendant brother's case and whether the government sufficiently proved kidnapping c…
23-5515 Carmen Saldana Meyer v. United States Fifth Circuit 2023-09-05 Denied Response WaivedIFP criminal-procedure extraterritorial-jurisdiction federal-kidnapping-act foreign-commerce jurisdictional-basis jury-instructions kidnapping united-states unlawful-act Whether the Federal Kidnapping Act authorizes a conviction where the foreign commerce jurisdictional basis was the defendant's travel in foreign comme…
22-7154 In Re James C. Winding 2023-03-30 Dismissed Relisted (2)IFP double-jeopardy due-process due-process-violation jurisdiction kidnapping sexual-battery Whether Petitioner's Indictment Lacked the Charge of Kidnapping and Sexual Battery for Which Petitioner was Convicted, Adams County had No Jurisdictio…
22-7103 George Lincoln Stanley, IV v. United States Fourth Circuit 2023-03-24 Denied Response WaivedIFP 28-usc-1291 confrontation-clause criminal-procedure hearsay-testimony ineffective-assistance-of-counsel ineffective-counsel jurisdiction kidnapping kidnapping-charges sixth-amendment sufficiency-of-evidence Whether Mr. Stanley's Sixth Amendment right to confront his witness was violated
22-6340 Ramon Simpson v. United States Eighth Circuit 2022-12-19 Denied Response WaivedIFP aiding-and-abetting criminal-liability custodial-interrogation death-penalty fifth-amendment jury-instructions kidnapping miranda-rights Does a conviction for aiding and abetting kidnapping resulting in death require proof of intent or advance knowledge of death?
22-5217 Ramell Markus v. United States Second Circuit 2022-07-28 Denied Response WaivedIFP circuit-court-split circuit-split criminal-sentencing extreme-physical-pain kidnapping objective-standard sentencing-guidelines serious-bodily-injury subjective-vs-objective Is a determination of 'serious bodily injury' based on 'extreme physical pain' a subjective test based on the victim's level of pain tolerance or an o…
21-7749 Samba Sarr v. Brian Cook, Warden Sixth Circuit 2022-04-29 Denied IFP criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence kidnapping sexual-assault sufficiency-of-evidence Whether Counsel for Defendant was ineffective as trial counsel
21-6991 Lloyd George Kenney v. United States Ninth Circuit 2022-01-27 Denied Response WaivedIFP armed-career-criminal-act california-penal-code-207 categorical-analysis criminal-statute divisibility force-clause implicit-threat-of-arrest kidnapping violent-felony Whether California's simple kidnapping offense as it existed in 1974 was a 'violent felony' under the 'force clause' definition of 'violent felony' fo…
21-6794 John W. Winningham, Jr. v. City of Broken Arrow, Oklahoma Tenth Circuit 2022-01-10 Denied Response WaivedIFP civil-rights constitutional-rights due-process employment-rights federal-action federal-civil-rights-act kidnapping kidnapping-robbery property-rights robbery section-1983 Whether kidnapping and robbery can be considered legal under Title 42 U.S.C. Section 1983 Federal Protected Civil Rights, Liberties, Property and Empl…
20-8361 Josh Small and Joni Amber Johnson v. United States Sixth Circuit 2021-06-21 Denied Response WaivedIFP commerce-clause criminal-law criminal-prosecution federal-jurisdiction interstate-commerce jurisdictional-element kidnapping kidnapping-statute statutory-interpretation Does a purely local home invasion satisfy the interstate commerce nexus element of the federal kidnapping statute?
20-8045 Rickey Benson v. Tennessee, et al. Sixth Circuit 2021-05-17 Denied IFP bodily-integrity civil-rights constitutional-violation due-process forced-medication kidnapping medical-consent physical-injury Whether being forced to consume prescribed drugs without consent, being kidnapped and injected by a needle with a drug, and suffering serious physical…
20-7986 Kevin Dunbar v. Arizona Arizona 2021-05-11 Denied IFP attempted-first-degree-murder consecutive-sentences constitutional-rights criminal-procedure double-jeopardy due-process evidence-weighing kidnapping self-representation supreme-court-precedent Whether the petitioner's aggravated sentences were in violation of due process and conflict with the United States Supreme Court holdings in Apprendi …
19-8409 Thanksnieky Phuong v. Rick Hill, Warden Ninth Circuit 2020-05-07 Denied IFP asportation criminal-procedure due-process exculpatory-evidence factual-innocence insufficient-evidence kidnapping robbery Whether the evidence was insufficient to establish that the petitioner committed a kidnapping for robbery, and whether the conviction violates the pet…
19-8064 Rubin Rurie Weeks v. Stan Payne, Warden, et al. Missouri 2020-03-23 Dismissed Response WaivedIFP brady-violation constitutional-rights dna-evidence due-process forcible-rape habeas-corpus kidnapping prosecutorial-misconduct void-judgment Due-process,forcible-rape,kidnapping,brady-violation,dna-evidence,void-judgment
19-7762 Galen LeMar Amerson, et al. v. Atlas Law Firm, P.C., et al. Colorado 2020-02-25 Denied Response WaivedIFP 14th-amendment 6th-amendment civil-contempt civil-liberties constitutional-rights due-process hearing hearing-requirements judicial-procedure judicial-sanctions kidnapping liberty property warrantless-search If the right to a hearing is assured under due process, according to the 6th and 14th amendments, before a person can be deprived of life, liberty or …
19-7620 Bradley Campbell v. United States Fourth Circuit 2020-02-10 Denied Response WaivedIFP criminal-law criminal-procedure due-process evidence evidentiary-standard federal-jurisdiction interstate-commerce judgment-of-acquittal kidnapping motion-for-acquittal motion-to-dismiss Whether Petitioner's motion for judgment of acquittal on the kidnapping charge should have been granted where there was no evidence that Petitioner us…
19-6404 Donald Lee Curtis v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety Fourth Circuit 2019-10-29 Denied Response WaivedIFP armed-robbery constitutional-rights criminal-procedure double-jeopardy due-process kidnapping statutory-conduct whether Seconds degree kidnapping and Armed Robbery Violate the Condtikutional right of double Jeopardy Upon Convictions and Panes ment oe beth offens…
18-9757 Shanta G. Phillips-Berry v. Patricia Blackwell Scurlock, et al. Fifth Circuit 2019-06-21 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process fraud kidnapping technology-abuse civil-procedure civil-rights constitutional-violation criminal-conspiracy cruel-and-unusual-punishment due-process human-rights implant-technology justice-system kidnapping standing Whether the district court erred in dismissing the petitioner's claims without a trial or hearing, in violation of the petitioner's civil rights and d…
18-9702 Cathrin Funk-Vaughn v. Tennessee Department of Children's Services Tennessee 2019-06-18 Denied Response WaivedIFP agency-overreach child-custody child-jurisdiction child-removal diversion-plea document-fraud due-process evidence-suppression federal-funding first-amendment food-recall free-speech interstate-custody jurisdiction kidnapping law-enforcement parental-rights rescission unreasonable-search Does the Department of Children Services have the legal right to remove a child from a parent/legal guardian while the parent/legal guardian was on va…
18-8975 Derran Smiley v. William Muniz, Warden Ninth Circuit 2019-04-24 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process ex-post-facto kidnapping kidnapping-enhancement one-strike-statute penal-code retroactive-statute sentencing statutory-interpretation Did the California Supreme Court err in imposing the one strike statute of Penal Code section 667.61, when Souley was convicted of only one kidnapping…
18-8460 Antonio Avilez v. Massachusetts Massachusetts 2019-03-19 Denied Response WaivedIFP 5th-amendment civil-rights constitutional-law constitutional-violation criminal-conviction criminal-procedure due-process federal-jurisdiction fifth-amendment kidnapping petitioner-rights Whether the Petitioner's conviction for kidnapping violated the Fifth Amendment to the United States Constitution?
18-7542 Pamela Suzanne Harnden v. St. Clair County, Michigan, et al. Sixth Circuit 2019-01-24 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights constitutional-law criminal-law due-process implied-private-right implied-private-right-of-action kidnapping statute-of-limitations tolling Do the 5th and 14th Amendments justify the tolling of a civil action during the course of a criminal action?
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?
18-7114 Earle D. Williams v. California California 2018-12-19 Denied Response WaivedIFP aggravated-kidnapping asportation constitutional-vagueness criminal-law dimaya-precedent due-process kidnapping penal-code sessions-v-dimaya statutory-interpretation vagueness vagueness-doctrine Whether California Penal Code Section 209(b) is unconstitutionally vague under Sessions v. Dimaya
18-5438 Ulriste Tulin v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP burden-of-proof confrontation-clause criminal-procedure due-process evidence-reliability federal-rules-of-evidence kidnapping new-trial out-of-court-identification suggestive-procedure witness-identification Is an out-of-court identification of a defendant unduly suggestive and unreliable?
18-5427 Monclaire Saint Louis v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP criminal-procedure curative-instruction curative-instructions due-process evidence jury-bias jury-instructions kidnapping prejudice prejudicial-error rape witness-testimony Whether witness testimony about a rape committed by someone other than the defendant during a kidnapping creates prejudice that cannot be overcome by …
18-5408 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…