| 25-5651 |
Jose Henry Hernandez-Garcia v. United States |
Fourth Circuit |
2025-09-16 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion evidence-weighing judicial-review motion-for-new-trial trial-standard |
Whether a district court abuses its discretion when ruling on a defendant's motion for a new trial by not independently weighing the evidence presente… |
| 24-5275 |
Terrell Jason Armstrong v. United States |
Eighth Circuit |
2024-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rule motion-for-new-trial newly-discovered-evidence prosecutorial-misconduct witness-recantation |
Whether the District Court and Court of Appeals correctly denied a Motion for a New Trial based on a key witness's recantation of testimony |
| 24-5121 |
Rebecca Wu v. Twin Rivers Unified School District |
California |
2024-07-22 |
Denied |
Response WaivedIFP |
14th-amendment classification due-process equal-protection misclassification motion-for-new-trial new-evidence probationary-status public-employee |
Due-process |
| 23-6113 |
Michael Eugene Lewis v. Texas |
Texas |
2023-11-28 |
Denied |
IFP |
appeals appellate-procedure constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance-of-counsel motion-for-new-trial right-to-counsel texas-criminal-law |
whether-the-petitioner-was-afforded-effective-assistance-of-counsel |
| 21-8039 |
George Munoz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-02 |
Denied |
IFP |
appellate-review criminal-homicide criminal-procedure different-outcome evidence-limitation ineffective-assistance-of-counsel jury-instructions motion-for-new-trial prejudice reasonable-likelihood trial |
Whether a defendant is required to show a reasonable likelihood of a different outcome at trial to establish prejudice from ineffective assistance of … |
| 21-7647 |
Lloyd Brice v. California |
California |
2022-04-19 |
Denied |
Response WaivedIFP |
conflict-of-interest due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial right-to-counsel right-to-fair-trial |
Did the Supreme Court err in failing to rule that the denial of the Motion for New Trial due to trial counsel's conflict of interest violated Petition… |
| 21-7081 |
Marko Stasiv v. United States |
Second Circuit |
2022-02-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidentiary-hearing judicial-discretion jury-coercion jury-trial motion-for-new-trial |
Was the Defendant entitled to a hearing on jury coercion? |
| 21-6652 |
Salatheo Fluid v. United States |
Fourth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion attorney-representation criminal-procedure district-court federal-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion jurisdiction legal-standing motion-for-new-trial |
Whether the lower courts abused their discretion in dismissing petitioner's motion for a new trial |
| 21-6243 |
Richard Barnhart, Jr. v. Neil Turner, Warden |
Sixth Circuit |
2021-11-10 |
Denied |
Response WaivedIFP |
4th-amendment appellate-procedure constitutional-rights due-process ineffective-assistance-of-counsel motion-for-new-trial ohio-appellate-court search-and-seizure supreme-court-precedent unreasonable-application |
Is a Petitioner denied his due process rights when the Ohio Appellate Court applies an unreasonable application of U.S. Supreme Court precedent in reg… |
| 20-8389 |
Asa Lea, aka Asa Lorenzo-Lamiyah Lea v. United States |
District of Columbia |
2021-06-23 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court-error exclusionary-rule illegal-evidence judgment-of-acquittal motion-for-new-trial motion-to-suppress search-and-seizure tangible-evidence |
Whether the District Court erred by denying Mr. Lea's Motion to Suppress Illegal Tangible Evidence? |
| 20-1772 |
Branden Edward Shumate v. California |
California |
2021-06-22 |
Denied |
Response Waived |
attorney-client-relationship attorney-of-choice criminal-defendant criminal-procedure motion-for-new-trial post-conviction-proceedings right-to-counsel sentencing sixth-amendment trial-court |
whether-a-trial-court-deprives-a-defendant-of-his-right-to-counsel |
| 20-7842 |
Eliu Elixander Lorenzana-Cordon v. United States |
District of Columbia |
2021-04-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion district-court-procedure due-process extradition extradition-notice international-law judicial-discretion jurisdiction motion-for-new-trial notice treaties treaty-violation |
Did the District Court abuse its discretion by denying the motion for a new trial without taking into consideration that the document of extradition t… |
| 20-7199 |
Maurice Duncan Burks v. United States |
Sixth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
appellate-review due-process federal-rules-of-criminal-procedure motion-for-new-trial new-trial standard-of-review trial-court-discretion witness-credibility |
Whether Using a Different, More Stringent, Standard of Review When a Trial Court Grants a Motion for New Trial than Utilized When a Trial Court Denies… |
| 20-6995 |
Floyd Clark v. United States |
District of Columbia |
2021-02-01 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-jurisdiction criminal-procedure due-process final-judgment johnson-precedent motion-for-new-trial newly-discovered-evidence recanting-affidavit residual-clause |
Whether there was a sufficient final determination by the trial court such that the Circuit Court could have reached a determination of the substantiv… |
| 20-6325 |
Krystal Megan Delima v. Walmart Stores Arkansas, LLC |
Eighth Circuit |
2020-11-13 |
Denied |
Relisted (2)IFP |
civil-procedure due-process fair-trial fourteenth-amendment judicial-misconduct motion-for-new-trial preponderance-of-evidence transcript-irregularities |
Whether a Motion for a New Trial, FRCP Rule 59, should had been granted? |
| 20-5446 |
Jin H. Zheng v. United States |
Seventh Circuit |
2020-08-21 |
Denied |
Response WaivedIFP |
appeal appellate-review circuit-court-procedure civil-procedure interlocutory-appeal jurisdiction jurisdictional-challenge motion-for-new-trial precedent standing supreme-court-certiorari uniformity |
Jurisdiction of an appeal of an interlocutory order |
| 19-7723 |
James William Brammer v. Raymond Madden, Warden |
Ninth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
certiorari circuit-split criminal-procedure critical-stage motion-for-new-trial new-trial right-to-counsel sixth-amendment writ-of-certiorari |
Does the Sixth Amendment's right to counsel include appointment of counsel for prosecution of motion for a new trial? |
| 19-7383 |
Parnell May v. Arkansas |
Arkansas |
2020-01-23 |
Denied |
Response WaivedRelisted (2)IFP |
appeal civil-procedure constitutional-rights due-process judicial-conduct legal-procedure motion-for-new-trial motion-procedure standing trial-court |
Question not identified |
| 19-7180 |
Rafael Leonhard Wolfga Beier v. United States |
Ninth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rules-of-criminal-procedure mental-impairment motion-for-new-trial newly-discovered-evidence post-conviction-relief rule-33 standard-of-review standards-for-new-trial trial-standard |
Does a criminal defendant's discovery of a recognized mental impairment after conviction at trial constitute newly discovered evidence under Federal R… |
| 19-6709 |
Adam L. Acosta v. Colorado |
Colorado |
2019-11-21 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure criminal-procedure-rule-35 disclosure ineffective-assistance-of-counsel motion-for-new-trial new-trial prosecution rule-16 rule-16-disclosure rule-33 rule-33-motion-for-new-trial rule-35 |
Whether the Court of Appeals misconstrued Rule 35(c)(3)(VID, Colorado Rules of Criminal Procedure |
| 19-5609 |
Marlin Chin and Patrick E. Lee v. United States |
District of Columbia |
2019-08-16 |
Denied |
Response WaivedIFP |
decades-old-case evidentiary-presumption judicial-discretion missing-evidence motion-for-new-trial new-trial presumption-of-impropriety trial-court-error witness-fees witness-vouchers |
Whether the trial court erred in denying a Motion for New Trial when witness vouchers issued for payment of witness fees in a decades old case could n… |
| 18-9465 |
Beth Galloway v. United States |
Eighth Circuit |
2019-05-29 |
Denied |
Response WaivedIFP |
aiding-and-abetting criminal-intent criminal-law eighth-circuit evidence evidence-sufficiency financial-transaction financial-transactions insurance-fraud judgment-of-acquittal motion-for-acquittal motion-for-new-trial new-trial |
Whether a judgment of acquittal should have been granted |
| 18-9132 |
Earlie Dickerson v. United States |
Fifth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-standard federal-rule-criminal-procedure federal-rules-of-criminal-procedure government-witness government-witnesses motion-for-new-trial newly-discovered-evidence perjury trial-motion witness-credibility witness-testimony |
Whether new evidence that Government witnesses provided untruthful statements during a trial can ever satisfy the requirements for a motion for new ba… |
| 18-8916 |
Steven Lawrence Wright v. California |
California |
2019-04-19 |
Denied |
IFP |
abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review |
Did the trial court's erroneous jury instruction violate the Due Process Clause? |
| 18-8236 |
Robert L. Bianchi v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
10th-amendment 28-usc-2244(d)(2) civil-procedure due-process federal-court federal-procedure filing-requirements habeas-corpus mass-rule-25(b)(2) motion-for-new-trial motion-for-reduction-in-verdict new-trial state-court state-court-requirements statutory-interpretation |
Whether the United States District Court/United States Court of Appeals violated the 10th Amendments of the United States Constitution when they creat… |
| 18-5953 |
Antowan Thorne v. United States |
Fourth Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
certificate-of-appealability district-court-error due-process evidentiary-hearing franks-hearing ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial new-trial search-suppression sixth-amendment witness-testimony |
Should the district court's denial of a new trial or evidentiary hearing due to counsel's failure to interview witnesses and call additional witnesses… |
| 18-5885 |
Kenneth Kennedy Shannon v. United States |
Fourth Circuit |
2018-09-05 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure drug-trafficking due-process evidence heroin-quantity motion-for-acquittal motion-for-new-trial motion-to-suppress search-and-seizure sentencing sufficiency-of-evidence title-iii-wiretap verdict-acquittal |
Did the trial court err in denying the Petitioner's Motion for Verdict of Acquittal and for New Trial, because the evidence taken in the light most fa… |
| 18-5855 |
Derrick Knight v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-08-31 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure brady-violation constitutional-rights effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel judgment-of-acquittal motion-for-acquittal motion-for-new-trial withholding-evidence |
Was Petitioner denied his constitutional right to effective assistance of appellate counsel? |
| 18-5540 |
Darnell Rush v. Randee Rewerts, Warden |
Sixth Circuit |
2018-08-14 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jury-instructions motion-for-new-trial sufficiency-of-evidence |
Whether the defendant-appellant was entitled to a new trial where the trial court failed to answer the defendant's request, Did the trial court err in… |