| 25-633 |
Dennis A. George, Jr. v. United States |
Armed Forces |
2025-12-03 |
Denied |
Response Waived |
charging-document due-process fair-notice fifth-amendment legal-sufficiency sixth-amendment |
Under the Fifth Amendment right to due process and the Sixth Amendment right to fair notice, may a conviction be affirmed as legally sufficient based … |
| 25-5647 |
Kolby Reshaad Moore v. Louisiana |
Louisiana |
2025-09-16 |
Denied |
IFP |
appellate-review criminal-appeal insufficient-evidence legal-sufficiency murder-conviction reasonable-doubt |
WHETHER THE SECOND CIRCUIT COURT OF APPEALS FOR THE STATE OF LOUISIANA AND THE LOUISIANA SUPREME COURT ERRED WHEN IT DENIED PETITIONER'S CLAIM RAISED … |
| 25-5223 |
Burte Gucci Rhodes v. United States |
Ninth Circuit |
2025-07-29 |
Denied |
Response WaivedIFP |
criminal-conviction interstate-commerce jury-instruction legal-sufficiency murder-for-hire procedural-error |
Whether a conviction for murder-for-hire can properly be affirmed when the jury was instructed that it need not conclude an interstate facility was us… |
| 25-5215 |
Otoniel Cornejo v. California |
California |
2025-07-29 |
Denied |
Response WaivedIFP |
criminal-inference evidentiary-standard firearm-ability force-application legal-sufficiency substantial-evidence |
Does the record lack substantial evidence to support an inference that petitioner had the present ability to apply force with a firearm when that fire… |
| 24-7294 |
Rustin Randall Middleton v. Louisiana |
Louisiana |
2025-05-28 |
Denied |
IFP |
criminal-appeal evidence-challenge legal-sufficiency louisiana-supreme-court sentence-review writ-application |
Whether the Louisiana Supreme Court erred in denying petitioner's writ application challenging the sufficiency of evidence and excessiveness of senten… |
| 24-5689 |
Joshua Paul Cox v. United States |
Fifth Circuit |
2024-10-02 |
Denied |
Response WaivedIFP |
district-court-review judicial-review jurist-standard lawyer-effectiveness legal-sufficiency sentencing-performance |
Whether a reasonable jurist might disagree with the district court or Judge Graves about the sufficiency and effect of the lawyer's performance at sen… |
| 24-5664 |
Christian Pabon v. United States |
Second Circuit |
2024-09-30 |
Denied |
Response WaivedIFP |
criminal-conviction due-process enterprise-membership legal-sufficiency murder-in-aid racketeering-conspiracy |
Whether the evidence was legally insufficient to establish enterprise membership and whether a rational fact finder could have found the petitioner gu… |
| 23-7613 |
Tre' Anthony James v. Louisiana |
Louisiana |
2024-06-03 |
Denied |
IFP |
appellate-review due-process factual-sufficiency jackson-standard jackson-v-virginia law-of-the-case legal-sufficiency new-trial |
Is an appellate court's reversal of a trial court's grant of a new trial reviewable? |
| 23-886 |
Carlos Guardado v. Massachusetts |
Massachusetts |
2024-02-16 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
burks-v-united-states change-in-law criminal-procedure double-jeopardy evidence legal-sufficiency prosecution-evidence second-trial supreme-court-precedent trial-rights |
Whether there is an exception to the Burks v. United States holding that the Double Jeopardy Clause forbids a second trial to allow the prosecution to… |
| 23-6179 |
Anibal Miranda-Montanez v. United States |
First Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
appellate-review case-review criminal-procedure due-process judicial-review jury-instructions legal-sufficiency procedural-challenge standard-of-review sufficiency-of-evidence trial-evidence verdict-challenge |
Whether the evidence was insufficient for the verdict to stand |
| 23-5808 |
Rodney Jennings v. Shawn Phillips, Warden |
Sixth Circuit |
2023-10-17 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review certificate-of-appealability doyle-rule doyle-v-ohio habeas-corpus ineffective-assistance-of-counsel jackson-standard jackson-v-virginia legal-sufficiency strickland-test strickland-v-washington |
Did the court of appeals err in denying a certificate of appealability and in evaluating petitioner's claim under Jackson v. Virginia, Doyle v. Ohio, … |
| 23-371 |
D'Andre M. Johnson v. United States |
Armed Forces |
2023-10-06 |
Denied |
Amici (1)Response Waived |
case-scope court-of-appeals harmonious-reading jurisdiction jurisdictional-question legal-sufficiency legislative-history military-justice standard-of-review statutory-interpretation surplusage-canon |
Whether 28 U.S.C. § 1259(8) gives this Court jurisdiction to consider issues raised to, but not granted review by, the Court of Appeals for the Armed … |
| 22-5997 |
Tarence Kirkland v. New York |
New York |
2022-11-07 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing criminal-verdict cross-examination due-process evidence fair-trial identification legal-sufficiency second-degree-offense weight-of-evidence |
Was the trial court's decision on Rodriguez's identification and use of other crimes and bad acts on cross-examination result in the denial of a fair … |
| 22-5924 |
Carl Jones v. Pennsylvania |
Pennsylvania |
2022-10-27 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review constitutional-law constitutional-review criminal-procedure due-process evidentiary-standard legal-sufficiency self-defense standard-of-review sufficiency-of-evidence |
Does the well-settled standard and scope of review governing claims a standard and scope of constitutional dimension prohibit an appellate court from … |
| 22-5527 |
Dora L. Adkins v. Tyson's Lodging, LLC |
Fourth Circuit |
2022-09-08 |
Denied |
IFP |
administrative-law appellate-review circuit-court-affirmance civil-procedure district-court-judgment due-process equal-protection federal-courts legal-sufficiency per-curiam-opinion rule-60-motion standing |
Whether the United States Court of Appeals for the Fourth Circuit Erred in the per curiam unpublished opinion and/or Judgment |
| 22-113 |
Bradley Jacobs Shumway v. Texas |
Texas |
2022-08-04 |
Denied |
Response Waived |
common-law corpus-delicti due-process ex-post-facto judicial-exception legal-sufficiency retroactive-application |
Whether the Court of Criminal Appeals of Texas denied Mr. Shumway due process of law |
| 22-5019 |
Amber Renee Guyger v. Texas |
Texas |
2022-07-01 |
Denied |
IFP |
constitutional-review criminal-procedure due-process jackson-v-virginia legal-sufficiency mistake-of-fact self-defense |
Under the legal sufficiency standard of Jackson v. Virginia, a court violates due process by concluding that self-defense and mistake-of-fact are mutu… |
| 21-8140 |
Richard Chippero v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process insufficient-evidence legal-sufficiency sufficiency-of-evidence |
Should Petitioner's convictions be vacated due to insufficient evidence? |
| 21-6952 |
Sunrise Lee v. United States |
First Circuit |
2022-01-25 |
Denied |
Relisted (2)IFP |
circuit-split conspiracy controlled-substances criminal-procedure due-process evidence-standard federal-court judgment-of-acquittal legal-sufficiency physician prescription-drugs |
Whether a non-physician may be convicted of conspiring with a physician to prescribe controlled substances outside of the course of professional pract… |
| 21-876 |
John G. Williams, Jr. v. United States |
Eleventh Circuit |
2021-12-14 |
Denied |
Response Waived |
criminal-liability due-process general-verdict jury-instructions jury-verdict legal-sufficiency wire-fraud yates-rule |
Whether a general guilty verdict on charges of wire fraud must be set aside on Due Process grounds if the jury could have or might have found guilt ba… |
| 21-5286 |
Gerald M. Calmese v. Arizona |
Arizona |
2021-08-04 |
Denied |
IFP |
conviction criminal-indictment double-jeopardy due-process essential-elements fraudulent-schemes indictment legal-sufficiency multiplicity sentencing-error |
Is there legally sufficient evidence to establish beyond a reasonable doubt the required element for fraudulent schemes for which the petitioner was c… |
| 21-5106 |
Logan Viquesney v. United States |
Tenth Circuit |
2021-07-14 |
Denied |
Response WaivedIFP |
conviction criminal-procedure due-process indictment jury-instructions legal-sufficiency notice state-offense sufficiency-of-evidence |
Whether the Court can sustain a conviction when a required element of the state offense is not charged in the indictment |
| 20-8328 |
Juan E. Seary-Colon v. United States |
First Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-challenge conviction-review criminal-procedure due-process insufficient-evidence legal-sufficiency procedural-review standard-of-review sufficiency-of-evidence |
Whether Evidence was Totally Insufficient for the Conviction to Stand |
| 20-6986 |
Lorenzo Escudero v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-28 |
Denied |
IFP |
civil-rights constitutional-rights due-process equal-protection fundamental-rights habeas-corpus legal-sufficiency sentencing trial-by-jury trial-rights |
Whether the petitioner's constitutional rights were violated through deprivations of due process, trial by jury, equal protection, and other fundament… |
| 20-6842 |
Christine D'Onofrio v. Costco Wholesale Corporation |
Eleventh Circuit |
2021-01-12 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure federal-rules-of-civil-procedure legal-sufficiency rule-50b-motion seventh-amendment standard-of-review sufficiency-of-evidence supreme-court-precedent |
Whether the majority opinion in affirming the grant of a Fed. R. Civ. P. 50(b) motion failed to apply the correct standard of review, and under the co… |
| 20-6765 |
Kevin Wayne Dickson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-04 |
Denied |
IFP |
appeal appellate-procedure civil-rights constitutional-interpretation due-process expert-witness ineffective-assistance-of-counsel judicial-review legal-sufficiency standard-of-review state-court-review |
Whether the Fifth Court of Appeal committed error in concluding that the appellant's ineffective assistance of counsel claim could not be reviewed on … |
| 20-5421 |
Doved Ben Downer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
charging-document criminal-law criminal-procedure double-jeopardy drug-possession due-process information-charging legal-sufficiency racketeering statutory-interpretation |
Whether simple possession under Fla. Stat. § 893.13(6)(a) is a legally permissible racketeering predicate incident under Fla. Stat. §§ 895.02(1)(a), 8… |
| 20-5073 |
Gilberto Martinez-Hernandez v. United States |
Ninth Circuit |
2020-07-15 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review civil-procedure clear-error evidentiary-errors harmless-error judicial-review judicial-standard legal-sufficiency standard-of-review |
Whether the court of appeals committed clear error by concluding that significant evidentiary errors were harmless |
| 19-8900 |
Jeffrey Chleo Brown v. United States |
Fifth Circuit |
2020-07-06 |
Denied |
IFP |
appellate-preservation circuit-split criminal-procedure district-court-procedure factual-dispute factual-objection legal-sufficiency preservation-of-appeal procedural-error sentencing sentencing-objection standard-of-review |
Is a factual objection at sentencing sufficient to preserve for appeal the district court's failure to resolve the ensuing dispute? |
| 19-8765 |
Tizazu F. Arega v. Lisa L. Sadler, Judge, et al. |
Ohio |
2020-06-19 |
Denied |
IFP |
14th-amendment conviction criminal-procedure due-process evidence judicial-review jury-instructions jury-misconduct legal-sufficiency sexual-intercourse trial-procedure verdict-validity |
Was the decision of the Supreme Court of Ohio contrary to clearly established federal law and the Supreme Court of the United States precedent of Cole… |
| 19-8466 |
Branch William Niehouse v. Brigitte Amsberry |
Ninth Circuit |
2020-05-14 |
Denied |
Response WaivedIFP |
criminal-law evidence force legal-sufficiency lost-and-found property-rights robbery robbery-evidence speculative-testimony trespass trespassing use-of-force |
Whether the evidence of robbery was legally sufficient when the only evidence of threatened use of force was speculation about sunglasses that may hav… |
| 19-7391 |
Larry David Davis v. Larry Tegley, et al. |
Eighth Circuit |
2020-01-23 |
Denied |
Relisted (2)IFP |
administrative-law appellate-standard civil-procedure civil-rights due-process insufficient-evidence judicial-review legal-sufficiency patent record-review standing takings trial-court |
Whether the PEMCE [5 in. (em) 12 support the petitioner's claims |
| 19-6002 |
Nicole Rena McCrea v. Mark S. Devan, et al. |
Maryland |
2019-09-20 |
Denied |
IFP |
appellate-review civil-procedure due-process federal-jurisdiction judicial-conflict legal-sufficiency maryland-law maryland-rule standing statutory-interpretation supreme-court-precedent |
Is the Maryland Court of Special Appeals' March 13, 2019 unpublished Opinion and Memorandum affirming the judgment of the Circuit Court of Charles Cou… |
| 19-5791 |
Marcus Jackson v. Vance Laughlin, Warden, et al. |
Georgia |
2019-09-03 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-review discretionary-relief discretionary-review error-of-law habeas-corpus ineffective-assistance-of-counsel irrational-strategy legal-sufficiency sixth-amendment state-appeals sufficiency-of-evidence thirteenth-juror thirteenth-juror-review |
Did the Georgia courts err by refusing to remedy appellate counsel's professionally deficient, and prejudicial, waiver of a claim for discretionary re… |
| 19-5450 |
Paul Suarez v. United States |
Fifth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
18-usc-924c appeal conviction criminal-conviction criminal-procedure drug-trafficking firearm-offense jury-unanimity law-of-the-case legal-sufficiency manifest-injustice sufficiency-of-evidence |
Did the panel err by holding that the 'law of the case' governed its decision in holding that the evidence was legally sufficient to sustain the petit… |
| 19-5436 |
Martin Araiza-Jacobo v. United States |
Fifth Circuit |
2019-08-02 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure criminal-procedure-error deliberate-ignorance harmless-error jury-instruction jury-instructions legal-sufficiency standard-of-review sufficiency-of-evidence |
Whether the standard for assessing the harmlessness of an erroneously submitted deliberate-ignorance instruction turns only on the legal sufficiency o… |
| 19-5290 |
Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-23 |
Denied |
IFP |
appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review |
Whether a court of appeals erred in finding that deference to a trial court's factual finding on an attorney's provision of a favorable plea offer was… |
| 19-5079 |
Kenneth Blackwell v. Georgia |
Georgia |
2019-07-05 |
Denied |
Response WaivedIFP |
appeal-discretion appellate-procedure appellate-review evidence issue-preservation judicial-discretion legal-sufficiency legal-theory prior-bad-acts prior-difficulties-evidence standard-of-review state-argument trial-court trial-court-discretion trial-procedure waiver |
Whether the Georgia Court of Appeals erred when it held that the trial court admitted Petitioner's sexual acts in Ohio as prior difficulties evidence … |
| 18-9817 |
Deterryon Tyrell Kelly v. Texas |
Texas |
2019-06-26 |
Denied |
IFP |
criminal-conviction criminal-procedure due-process evidence evidence-standard inference-stacking jackson-v-virginia legal-sufficiency speculative-evidence sufficiency sufficiency-of-evidence |
Can evidence meet the legal sufficiency standard of Jackson v. Virginia if the evidence relied upon for conviction is primarily speculative and infere… |
| 18-9677 |
Martin Arreola Zavala v. United States |
Eighth Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility contested-cases criminal-procedure drug-quantity due-process evidence evidence-determination federal-courts federal-sentencing legal-sufficiency quantity-determinations sentencing sentencing-guidelines standard-of-review sufficiency-of-evidence |
Whether this court should grant certiorari to address the proper application of law to fact relating to sufficiency of the evidence for quantity deter… |
| 18-9483 |
Brian Alford v. Dwight Neven, Warden, et al. |
Ninth Circuit |
2019-05-30 |
Denied |
IFP |
burglary burglary-allegation constitutional-law criminal-law criminal-procedure due-process felony-murder legal-sufficiency probable-cause prosecution-standard sufficiency-of-evidence |
Whether it is permissible for a state criminal court to predicate felony murder liability on an allegation of burglary that lacks sufficient bases in … |
| 18-1383 |
James M. Hale v. United States |
Armed Forces |
2019-05-03 |
Denied |
Response Waived |
10-usc-802 court-martial court-martial-jurisdiction general-verdict judicial-deference jurisdictional-defects jurisdictional-limits legal-sufficiency military-discipline military-discipline-jurisdiction military-law overt-acts plain-error rostker-v-goldberg sufficiency-of-evidence weiss-v-united-states |
Whether the court-martial had jurisdiction over the charged conduct |
| 18-8372 |
Dominique Green v. Texas |
Texas |
2019-03-11 |
Denied |
IFP |
appellant-rights civil-procedure civil-rights court-determination due-process evidence evidentiary-standard fact fact-and-law informal-marriage legal-sufficiency marriage marriage-evidence standing |
Did she Loust of Anpeads eccod Wwhen it derermincd aod Vert WHS leqarlyy \\asudlicient evidence to Estaalish a inloramnal Wnarrage Wer Ween Appatank A… |
| 18-7200 |
Dayvon Bryan Riley v. United States |
Fourth Circuit |
2019-01-02 |
Denied |
Response WaivedIFP |
actual-innocence equitable-analysis evidence evidence-claim federal-habeas habeas-corpus legal-sufficiency schlup-standard schlup-v-delo |
Whether a petitioner's claim in a federal habeas case that it is logically impossible that they committed an element of the offense is an actual innoc… |
| 18-6464 |
Frank Ralph LaPena v. George Grigas, et al. |
Ninth Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
contract-killing criminal-conviction criminal-procedure due-process habeas-corpus highly-deferential-review ineffective-assistance-of-counsel legal-insufficiency legal-sufficiency nevada-supreme-court physical-evidence rational-juror reasonable-doubt sufficiency-of-evidence witness-testimony wrongful-conviction |
Whether the Nevada Supreme Court's decision rejecting the legal insufficiency claim was unreasonable because, even under a highly deferential review, … |