malice-aforethought
5 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-6369 | Joseph R. Cyr v. Steven Harpe, Director, Oklahoma Department of Corrections | Tenth Circuit | 2023-12-27 | Denied | Relisted (2)IFP | burden-of-proof conclusive-presumption criminal-procedure due-process jury-instructions malice-aforethought sandstrom-standard sandstrom-v-montana | Whether the trial court's charge to Petitioner's jury violate his Due Process rights as articulated in Sandstrom v. Montana, 442 U.S. 510 (1979), beca… |
| 21-7267 | William Roy Thietje v. Ken Clark, Warden | Ninth Circuit | 2022-03-03 | Denied | IFP | due-process harmless-error intervening-cause jury-instructions malice malice-aforethought provocative-act-murder sixth-amendment | 1. Where petitioner received a conviction based on erroneous jury instructions, were such petitioner was denied his Fourteenth Amendment right to Due … |
| 20-6710 | Marlon Iron Crow v. United States | Eighth Circuit | 2020-12-28 | Denied | Response WaivedIFP | 18-usc-1 criminal-law criminal-statute jury-instruction jury-instructions malice-aforethought mens-rea second-degree-murder statutory-interpretation | Whether the "reckless" mens rea should be included in the jury instruction for "malice aforethought" for second degree murder under 18 U.S.C. § 1. |
| 19-5893 | Melissa Pfeiffer v. Massachusetts | Massachusetts | 2019-09-10 | Denied | IFP | conscious-disregard-for-risk criminal-law felony-murder inherent-dangerousness inherently-dangerous inherently-dangerous-felony judicial-determination judicial-fact-finding jury-instructions malice-aforethought massachusetts-law presumption-of-malice sentencing | Is it unconstitutional for the courts, as a matter of common law, to withdraw the third element of felony murder from the jury's consideration by labe… |
| 18-6697 | Kevin Marquette Bellinger v. United States | Fourth Circuit | 2018-11-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence | Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where… |