mistrial

64 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-407 Scott Breimeister v. United States Fifth Circuit 2025-10-06 Pending Amici (1)Response RequestedResponse Waived double-jeopardy government-misconduct implied-consent mistrial prosecutorial-misconduct strict-scrutiny I. What constitutes implied consent to a mistrial when determining if a defendant has forfeited a Double Jeopardy claim? II. Does strict scrutiny app…
25A308 Ynddy Blanc v. United States Eleventh Circuit 2025-09-17 Presumed Complete appellate-review circuit-court conviction-standard criminal-trial jury-deadlock mistrial Whether the Eleventh Circuit correctly applied legal standards in affirming a criminal conviction following a second trial after a prior mistrial
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…
25A114 Scott Breimeister v. United States Fifth Circuit 2025-07-28 Presumed Complete double-jeopardy fifth-amendment governmental-misconduct mistrial prosecutorial-misconduct trial-procedure Whether the Double Jeopardy Clause bars a criminal retrial when a mistrial was sua sponte declared due to government misconduct over the defendant's o…
24-7385 Luster Pernell Burns, Jr. v. Jeff Tanner, Warden Sixth Circuit 2025-06-09 Denied Response WaivedIFP constitutional-law criminal-procedure double-jeopardy fair-trial mistrial prosecutorial-misconduct Did the prosecutor engage in intentional misconduct in a previous trial which goaded the defense into moving for a mistrial, which barred retrial in t…
24A1083 Thomas J. Zajac v. United States Seventh Circuit 2025-05-08 Presumed Complete 70-day-period judicial-discretion mistrial speedy-trial-act time-exclusion trial-delay Whether the Speedy Trial Act permits a district court to exclude time from the 70-day trial calculation without making explicit on-the-record findings…
24-6488 Jordy Ezequiel Ochoa, aka Jordy Ezequil Ochoa-Cordova v. Robert Luna, Sheriff, Los Angeles County, California, et al. Ninth Circuit 2025-02-06 Denied Response WaivedIFP criminal-procedure double-jeopardy habeas-corpus jury-trial mistrial probation-violation Is it a violation of clearly established federal law under the Double Jeopardy clause to allow a court to declare a mistrial based on a hung jury, hol…
24-6338 Hakeem-Ali Shomo v. Ohio, et al. Ohio 2025-01-17 Denied Response WaivedIFP constitutional-protection double-jeopardy fifth-amendment judicial-misconduct mistrial prosecutorial-intent QP: Does the Double Jeopardy Clause bar retrial when judicial misconduct leads to a defense-requested mistrial, even without specific intent to provok…
24-6167 Rodney J. Lass v. Chris Buesgen, Warden Seventh Circuit 2024-12-17 Denied Response WaivedIFP constitutional-rights criminal-procedure double-jeopardy mistrial prosecutorial-discretion vindictive-prosecution Whether actual vindictive prosecution can be established when a mistrial is declared and additional charges are brought, and whether an unsworn statem…
24-5897 Justin Jermaine Johnson v. Stephen Duncan, Warden Fourth Circuit 2024-11-01 Denied IFP criminal-procedure due-process evidentiary-admission harmless-error mistrial witness-testimony Whether the admission of investigator testimony via Skype, pre-death victim photos, and denial of mistrial constitute harmless error or violate due pr…
24-5073 Billy Hammonds v. Fredeane Artis, Warden Sixth Circuit 2024-07-15 Denied Response WaivedIFP burden-of-proof fair-trial-rights ineffective-assistance judicial-bias mistrial prosecutorial-misconduct trial-court-bias witness-testimony Ineffective-assistance-of-counsel
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?
23-7725 Jimmie Lee Walton v. United States Fifth Circuit 2024-06-14 Denied Response WaivedIFP abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence Did Walton receive effective assistance of counsel?
23-1256 Donna Davis Javitz v. Luzerne County, Pennsylvania, et al. Third Circuit 2024-05-30 Denied civil-rights confrontation confrontation-rights due-process effective-assistance-of-counsel first-amendment-retaliation free-speech judicial-misconduct mistrial trial-fairness Whether the Petitioner was denied the constitutional right to a fair trial in a First Amendment retaliation case
23-7343 Dalevonte D. Hearn v. Illinois Illinois 2024-04-30 Denied IFP civil-rights constitutional-rights criminal-procedure double-jeopardy due-process first-degree-murder ineffective-assistance-of-counsel jury-trial mistrial sentencing trial-rights Can an American citizen be punished for exercising the right to a jury trial?
23-7089 Steven L. Lewis v. Mississippi Mississippi 2024-03-27 Denied Response WaivedIFP confrontation-clause constitutional-law criminal-procedure double-jeopardy due-process improper-venue mistrial retrial speedy-trial venue Whether the Constitution permits the retrial of a defendant following a trial in an improper venue
23-5711 Mitchell D. Green v. Wisconsin Wisconsin 2023-10-04 Denied Response RequestedResponse WaivedRelisted (2)IFP admissible-evidence constitutional-law criminal-procedure double-jeopardy due-process jury jury-impartiality mistrial trial-rights Whether the Double Jeopardy Clause permits a defendant to be retried after a mistrial was declared due to the jury hearing admissible evidence
23-5090 Travis J. Brown v. California California 2023-07-13 Denied Response RequestedRelisted (3)IFP acquittal appellate-jurisdiction constitutional-protections criminal-procedure double-jeopardy due-process fifth-amendment judicial-review mistrial procedural-error Whether principles of double jeopardy protect a defendant from successive prosecutions of inconsistent verdicts contrary to Powell's analysis
22-7815 Joseph Carl Stanley v. Martin Biter, Warden Ninth Circuit 2023-06-20 Denied Response WaivedIFP double-jeopardy due-process habeas-review implied-consent judicial-norms mistrial ninth-circuit state-law Double-jeopardy-challenge
22-1185 Anthony James Scott v. Georgia Georgia 2023-06-07 Denied Response Waived brady-violation criminal-procedure double-jeopardy due-process fifth-amendment mistrial mistrial-request prosecutorial-misconduct Did the Carroll County Superior Court and the Court of Appeals of the State of Georgia err when they held that the Carroll County District Attorney's …
22-1177 Lindsay L. Lee v. New York New York 2023-06-05 Denied Response Waived abuse-of-process constitutional-rights double-jeopardy due-process fair-trial judicial-misconduct mistrial retrial Did the unwarranted declaration of a mistrial deprive the petitioner of her constitutional right to a fair trial?
22-6833 James Floyd v. Texas Texas 2023-02-22 Denied Response WaivedIFP constitutional-law criminal-procedure double-jeopardy due-process evidentiary-hearing goading mistrial trial-rights Does a goading-style Double Jeopardy violation bar further retrial even where the trial court had granted a mistrial on an independent ground?
22-6753 Andrew Mark Lamar v. Colorado Colorado 2023-02-10 Denied IFP constitutional-rights double-jeopardy due-process fair-trial fourteenth-amendment juror-misconduct mistrial sixth-amendment Whether petitioner's right to a fair and impartial trial was violated due to juror misconduct
22-6677 Philip J. Vonville v. Pennsylvania Pennsylvania 2023-02-01 Denied IFP constitutional-rights due-process fifth-amendment fourteenth-amendment mistrial pennsylvania state-court-procedure state-courts Did state courts in Pennsylvania fail to address both Fifth and Fourteenth amendment (Due Process) violations of court record after a second trial end…
22-700 Mark Howerton v. Texas Texas 2023-01-26 Denied criminal-procedure double-jeopardy due-process fifth-amendment intent judicial-discretion mistrial oregon-v-kennedy prosecutorial-misconduct Should the Court's holding in Oregon v. Kennedy be extended to prohibit a wider range of prosecutorial intent?
22-5024 Jerod Rodriguez v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-07-05 Denied Response RequestedResponse WaivedRelisted (2)IFP certificate-of-appealability criminal-procedure guilty-verdict ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell mistrial postconviction-relief prejudice-prong reasonable-jurists sixth-amendment strickland-standard whether-strickland-prejudice-prong-established
21-1584 Martin Louis Ballard v. United States Fourth Circuit 2022-06-23 Denied Response Waived drug-conspiracy due-process fair-trial fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mistrial murder-for-hire sixth-amendment Is the right of Martin Ballard to due process of law under the Fifth Amendment and the right to a fair and impartial fact finder in his trial under th…
21-7898 Emilio Evalio Arenas v. Nevada Nevada 2022-05-17 Denied IFP civil-rights constitutional-rights criminal-procedure double-jeopardy due-process free-speech mistrial prejudice prosecutorial-misconduct standing Whether the Supreme Court of Nevada erred when it concluded that the petitioner was not prejudiced by cumulative error after the district court abando…
21-7370 Dante Leon Milon v. Tim Hooper, Warden Fifth Circuit 2022-03-15 Denied Response WaivedIFP confrontation-clause due-process fair-trial impartial-jury ineffective-counsel judicial-misconduct jury-misconduct mistrial recusal trial-errors witness-testimony Question not identified
21-7255 James Robert Hope v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-03-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process exculpatory-evidence jurisdiction jury-instructions mistrial prejudice prosecutorial-misconduct standing Whether the lower courts erred in finding that Mr. Hope was not prejudiced by mistrial counters due to his failure to object to the trial court's lack…
21-6149 Domingo Palma v. Massachusetts Massachusetts 2021-11-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment mistrial prosecutorial-misconduct sixth-amendment Are the Sixth and Fourteenth Amendments violated by a trial court's refusal to grant a mistrial where a prosecution witness injects groundless, irrele…
21-356 Jermain V. Richards v. Connecticut Connecticut 2021-09-07 Denied Response Waived criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment hung-jury mistrial perez-v-united-states richardson-v-united-states Whether the Fifth Amendment's Double Jeopardy Clause bars a criminal defendant's retrial after the government has had a fair opportunity to prove its …
21-5338 Michael Vincent Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-10 Denied IFP constitutional-rights dna-evidence due-process evidence-admissibility fifth-amendment fourteenth-amendment fourth-amendment mistrial probable-cause prosecutorial-misconduct trial-procedure Whether the prosecutor's submission of an affidavit for probable cause listing a tan animal hair found in a wicker trunk, when the DNA report received…
21-5126 Kevin Tyrell Beach v. Florida Florida 2021-07-16 Denied Response WaivedIFP abuse-of-discretion constitutional-rights double-jeopardy due-process irreparable-harm mistrial pro-se pro-se-defendant right-to-counsel sanctions Does it constitute 'bad faith conduct' or 'abuse of discretion' when a judge denies a defendant's numerous pre-trial requests for 'stand-by' counsel
20-6937 Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2021-01-26 Denied IFP constitutional-rights criminal-procedure double-jeopardy fourth-amendment habeas-corpus ineffective-assistance-of-counsel mistrial parole Whether the court erred in dismissing the petitioner's writ of habeas corpus as unauthorized and successive
20-686 Michael Shock v. Arkansas Arkansas 2020-11-17 Denied Response Waived brady-violation civil-rights constitutional-law discovery-violation double-jeopardy due-process equal-protection mistrial oregon-v-kennedy prosecutorial-misconduct standing statutory-interpretation Whether the lower court erred in its interpretation and application of the relevant statutory and constitutional provisions
20-5693 In Re Terron Garhard Dizzley 2020-09-14 Denied Relisted (2)IFP burden-of-proof constitutional-rights double-jeopardy fifth-amendment hung-jury jury mistrial trial-procedure unanimous-verdict Whether the judges ruling that the jury's failure to reach a unanimous decision was not a failure on the jury's part was acquittal and the constitutio…
19-7615 William E. Vukich v. Unified Judicial System of Pennsylvania Third Circuit 2020-02-10 Denied IFP appellate-review civil-rights constitutional-law criminal-procedure double-jeopardy due-process equal-protection incarceration judicial-interpretation mistrial probation sentencing Whether the Double Jeopardy Clause prohibits multiple punishments for the same offense
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
19-6591 In Re Kenneth Uncapher 2019-11-12 Denied Response WaivedIFP 14th-amendment 6th-amendment appellate-review constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel jury jury-bias jury-misconduct mistrial newly-discovered-evidence victim Was the Petitioner denied a fair trial?
19-6495 Brent Curtis Schwertz v. Richard Jennings, Warden Eighth Circuit 2019-11-05 Denied Response WaivedRelisted (2)IFP accidental-discharge americans-with-disabilities-act brady-disclosure brady-violation criminal-procedure due-process expert-witness firearms-examination ineffective-assistance-of-counsel mistrial right-to-counsel strickland-standard Ineffective-assistance-of-counsel
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…
19-5761 Javon Laren Martin v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2019-08-30 Denied Response WaivedIFP 14th-amendment civil-rights due-process equal-protection evidence jury-selection mistrial peremptory-strike racial-discrimination Whether the court erred in allowing the prosecution to use a peremptory strike without a race-neutral basis
19-5660 Alfonso Sanchez v. Pennsylvania Pennsylvania 2019-08-21 Denied IFP circuit-split criminal-procedure double-jeopardy due-process fifth-amendment jury-verdict mistrial oregon-v-kennedy prosecutorial-misconduct reversal-of-conviction Does the Double Jeopardy Clause bar retrial when a prosecutor's misconduct, committed for the purposes of diminishing a defendant's chance of acquitta…
19-5146 Isiah Edward Gilliam v. Michigan Michigan 2019-07-11 Denied IFP discovery discovery-violation due-process fair-trial habitual-offender ineffective-assistance-of-counsel jury-instructions mistrial prior-convictions prosecution prosecutorial-misconduct self-defense Was Mr. Gilliam denied due process and a fair trial
18-9836 Dwight Brown v. United States Fourth Circuit 2019-06-27 Denied Response WaivedIFP allen-charge coercion coercive-instruction criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-deliberations mistrial verdict-review Whether the district court erred or abused its discretion in reversing or rescinding its grant of mistrial
18-9738 Francisco Gonzalez Jose v. United States Third Circuit 2019-06-20 Denied Response WaivedIFP alternate-juror criminal-procedure deliberations due-process federal-rules-of-criminal-procedure judicial-interpretation jury jury-deliberation jury-instructions mistrial third-circuit united-states-v-sotelo When a juror cannot continue deliberations and an alternate juror is empaneled, does the Third Circuit's decision in United States v. Sotelo conflict …
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…
18-9630 Michael Mancil Brown v. United States Sixth Circuit 2019-06-11 Denied Response WaivedIFP 6th-amendment 6th-amendment,effective-counsel,mistrial,closing-a closing-arguments constitutional-violation criminal-procedure due-process effective-counsel mistrial sixth-amendment trial trial-rights Was the Petitioner's 6th Amendment Rights to effective counsel violated when Petitioner's Attorney refused a mistrial offer by the Court without consu…
18-9199 Peter Alfred Perez v. Michigan Michigan 2019-05-09 Denied IFP brady-violation constitutional-rights criminal-procedure crosby-hearing due-process impartial-jury ineffective-assistance ineffective-counsel jury-impartiality mistrial resentencing Did the trial court abuse its discretion in denying relief from judgment based on a violation of the right to an impartial jury and ineffective assist…
18-8853 Cameron Brown v. California California 2019-04-16 Denied IFP constitutional-rights court-proceedings double-jeopardy due-process jury-instructions jury-verdict lesser-included-offenses mistrial prosecutorial-misconduct trial-transcript Is the defendant convicted due to double jeopardy violation?
18-1283 Joseph Montano v. Texas Fifth Circuit 2019-04-10 Denied Response Waived consent consent-requirement cross-examination double-jeopardy fifth-amendment fifth-amendment-privilege judicial-discretion mistrial oregon-v-kennedy plain-error united-states-v-olano Whether the underlying reason for a sua sponte declaration of mistrial was plain error that overrides the consent requirement of Oregon v. Kennedy, an…
18-8285 Miguel Martinez v. Texas Texas 2019-03-05 Denied IFP mistrial objective-facts oregon-v-kennedy prosecutorial-intent subjective-beliefs wheeler-factors criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-intent wheeler-factors Whether Texas courts have replaced the manageable and effective 'objective facts and circumstances' test recognized in Oregon v. Kennedy with the so-c…
18-8252 Freddie Taylor v. United States Ninth Circuit 2019-03-04 Denied Response WaivedIFP actual-innocence constitutional-rights conviction due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions mistrial structural-error Whether the United States District Court and the Ninth Circuit Court of Appeals denied the petitioner relief pursuant to the issues raised in a petiti…
18-8171 Omar Alarcon Fuentes, aka Omar Fuentes Alarcon, aka Omar Ramales Quintero v. United States Ninth Circuit 2019-02-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel false-testimony grand-jury grand-jury-testimony ineffective-assistance-of-counsel mistrial right-to-counsel uncorroborated-admission uncorroborated-extrajudicial-admission Whether petitioner's constitutional right to effective assistance of counsel was violated
18-8123 In Re Ronnie Lee Fagan 2019-02-25 Denied Response WaivedIFP acquittal constitutional-rights criminal-procedure criminal-trial defense-counsel double-jeopardy mistrial right-to-counsel sixth-amendment Whether the trial court's exclusion of defense counsel denied the defendant an opportunity to be heard or object to the discharge of the jury, prejudi…
18-7479 Farrell Haycraft v. Indiana Indiana 2019-01-17 Denied Response WaivedIFP criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-instructions mistrial trial-court-error verdict verdict-modification Did the Trial Court Err when it order the jurors to redeliberate after it reach a verdict of guilty and not guilty on all counts?
18-6742 Albert Uriah Mathis v. North Carolina North Carolina 2018-11-20 Denied Response WaivedIFP 14th-amendment 6th-amendment double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-misconduct mistrial prosecutorial-misconduct Can a judge order a mistrial in a case simply, so he may attend a Dr. appointment?
18-6626 William Foley Miller v. Florida Eleventh Circuit 2018-11-08 Denied IFP civil-rights due-process federal-habeas federal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mistrial procedural-default right-to-counsel state-appellate-review Who did not use any federal case's or federal codes, did not preserve these issues for review that creates an unexhausted and procedurally defaulted c…
18-6519 Mariano Alvarez v. United States Fifth Circuit 2018-10-31 Denied Response WaivedIFP certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion life-sentence mistrial plea-bargaining plea-negotiation recusal sentencing-guidelines Can doubts in granting a Certificate of Appealability (COA) be resolved in favor of the appellant when considering the severity of his life sentence?
18-6371 Tyrell Henderson v. United States Ninth Circuit 2018-10-18 Denied Response WaivedIFP credibility criminal-procedure evidence jury-instructions mistrial prior-conviction Whether a mistrial should have been declared after the prosecutor improperly introduced evidence of the defendant's prior federal conviction where the…
18-6270 Cornelius Lynch v. Ohio Ohio 2018-10-10 Denied Response WaivedIFP constitutional-law constitutional-protection criminal-procedure defendant-rights double-jeopardy double-jeopardy,criminal-procedure,constitutional- due-process mistrial retrial trial-procedure May a state, consistent with the protections of the Double Jeopardy Clause, try a defendant a second time when the first trial ended in a mistrial whi…
18-6251 Lonnie James Pebley v. Colorado Colorado 2018-10-09 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-misconduct reprosecution supervisory-authority trial-court Whether the federal double jeopardy protection barring reprosecution as a result of prosecutorial misconduct intended to provoke a mistrial was not sh…
18-5563 Peter Cain Bruton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-13 Denied IFP closing-argument extraneous-offenses ineffective-assistance ineffective-assistance-of-counsel mistrial motion-in-limine prosecutorial-misconduct trial-counsel violation violation-of-court-order Is an attorney ineffective when he fails to support a motion for mistrial with a violation of Defense's Motion in Limine?