| 25-5401 |
Gregory Matthew Seay v. Oklahoma |
Oklahoma |
2025-08-19 |
Denied |
IFP |
collateral-estoppel constitutional-rights double-jeopardy equal-protection manifest-necessity mistrial |
Does the Oklahoma Court of Criminal Appeals' decision contradict the Ninth Circuit's ruling in Weston v. Kernan, thereby violating equal protection un… |
| 24-317 |
Tommy Lee Benton v. South Carolina |
South Carolina |
2024-09-20 |
Denied |
Response Waived |
double-jeopardy ends-of-justice judicial-discretion manifest-necessity mistrial-standard trial-court-discretion |
Whether a trial judge must consider all viable alternatives to a mistrial before finding manifest necessity exists |
| 24-32 |
Donavan J. White Owl, aka DJ v. United States |
Eighth Circuit |
2024-07-12 |
Denied |
Response Waived |
constitutional-law criminal-procedure double-jeopardy eighth-circuit implied-consent manifest-necessity mistrial waiver |
Whether implied consent is valid consent to waive double jeopardy protections, and if so, what qualifies as implied consent? |
| 23-622 |
Dale Thrush v. United States |
Sixth Circuit |
2023-12-08 |
Denied |
Response Waived |
arizona-v-washington circuit-split constitutional-review double-jeopardy fifth-amendment manifest-necessity mistrial-standard prosecution-evidence standard-of-review trial-court-discretion |
Whether the trial court's declaration of a mistrial was supported by manifest necessity |
| 19-828 |
Charles Garske, et al. v. United States |
First Circuit |
2019-12-31 |
Denied |
Response Waived |
constitutional-law criminal-procedure double-jeopardy government-misconduct manifest-necessity mistrial oregon-v-kennedy retrial united-states-v-perez |
Whether the Double Jeopardy Clause bars a second prosecution when the government caused the mistrial and it was entered over the defendant's objection |
| 19-516 |
Nolan Espinda, Director, Hawaii Department of Public Safety, et al. v. Royce C. Gouveia |
Ninth Circuit |
2019-10-21 |
Denied |
|
appellate-deference appellate-jurisdiction appellate-review custody federal-district-court-jurisdiction federal-jurisdiction federal-review habeas-corpus Hawai'i-sovereign-right manifest-necessity mistrial-declaration rooker-feldman-doctrine state-court-judgments |
Did the Ninth Circuit err in concluding that the Rooker-Feldman doctrine is categorically not applicable to § 2241 petitions? |
| 19-311 |
Al Cannon, Sheriff, Charleston County, South Carolina v. Broderick William Seay, Jr. |
Fourth Circuit |
2019-09-06 |
Denied |
Response RequestedResponse WaivedRelisted (9) |
appellate-review deference double-jeopardy fact-finding federal-habeas manifest-necessity mistrial strict-scrutiny trial-court-deference trial-court-discretion |
Whether the required strict scrutiny applied to the legal determination of manifest necessity constrains the deference accorded a trial court's fact-f… |
| 18-9686 |
Bobby Bordelon v. Texas |
Texas |
2019-06-17 |
Denied |
Response WaivedIFP |
appellate-conflict constitutional-issue criminal-procedure double-jeopardy fifth-amendment habeas-corpus manifest-necessity mistrial mistrial-standard texas-courts |
Whether the Fifth Amendment's double jeopardy clause bars a retrial on one pending count since manifest necessity was not shown for the grant of a mis… |
| 18-6423 |
Marlan McRae v. United States |
Sixth Circuit |
2018-10-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
attorney-misconduct conflict-of-interest constitutional-rights due-process fiduciary-conflict fiduciary-conflict-of-interest fiduciary-duty ineffective-assistance ineffective-assistance-of-counsel legal-ethics manifest-necessity sixth-amendment vague-precedent |
Can the unconscionable and illegal actions of an attorney, in addition to a fiduciary conflict of interest between an attorney and his client, amount … |
| 18-6001 |
Demario Carman v. Georgia |
Georgia |
2018-09-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights double-jeopardy due-process fifth-amendment manifest-necessity mistrial-exception reasonableness trial-court trial-court-discretion |
Whether the protection against Double Jeopardy contained in the Fifth Amendment is an empty promise |