murder
37 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24A132 | Kyle Trevor Flack v. Kansas | Kansas | 2024-08-06 | Presumed Complete | capital-punishment eighth-amendment kansas-supreme-court mitigating-factors murder sentencing | Whether the Eighth Amendment permits the imposition of a capital sentence under circumstances involving multiple murder victims and potential mitigati… | |
| 24-5139 | Lamar McKay v. Jeff Tanner, Warden | Sixth Circuit | 2024-07-25 | Denied | Response WaivedIFP | constitutional-rights directed-verdict due-process first-degree-murder insufficient-evidence jury-verdict murder premeditation reasonable-doubt | Does due process require reversal where the trial court denied petitioner's motion for a directed verdict on first-degree murder due to insufficient e… |
| 23-6498 | Kevin Clayton v. United States | Eleventh Circuit | 2024-01-17 | Denied | Response WaivedIFP | conspiracy due-process fifth-amendment jury-instructions jury-trial murder racketeering racketeering-conspiracy sentencing sentencing-enhancement sixth-amendment | Whether the Due Process Clause of the Fifth Amendment, and the Jury Trial guarantees contained in the Sixth Amendment were violated |
| 22-6969 | Christopher Ashley Shetskie v. Colorado | Colorado | 2023-03-08 | Denied | IFP | criminal-law due-process fourteenth-amendment mens-rea mental-state murder murder-statute sixth-amendment | Whether the Sixth Amendment' jury-trial guarantee, taken together with the Fourteenth Amendments' right to due process require that the legislative si… |
| 22-5626 | James Earl Jones v. New Jersey | New Jersey | 2022-09-20 | Denied | Response WaivedIFP | aggravated-assault case-law criminal-law criminal-statute jurisdiction legal-procedure murder remand sexual-assault statutory-interpretation | whether-the-term-on-another-applies |
| 21-7376 | Khalil Stafford v. United States | Third Circuit | 2022-03-15 | Denied | Response WaivedIFP | double-jeopardy fifth-amendment jury-dismissal murder new-jersey rico rico-offense sixth-amendment state-law-prosecution vicar | Does the Double Jeopardy Clause preclude a Federal jury from considering petitioner's guilt for murder under New Jersey law after a New Jersey jury ac… |
| 21-5853 | Noah Gaston v. Maine | Maine | 2021-10-01 | Denied | Response WaivedIFP | criminal-culpability due-process fourteenth-amendment general-intent intent mens-rea murder murder-statute specific-intent | Does Maine's murder statute violate the Fourteenth Amendment because it does not require the state to prove beyond a reasonable doubt that Noah Gaston… |
| 21-5765 | Tyrus D. Coleman v. Ron Neal, Warden | Seventh Circuit | 2021-09-23 | Denied | Response WaivedIFP | attempted-murder constitutional-review double-jeopardy habeas-corpus judicial-procedure murder retrial self-defense state-court-review | Whether the Double Jeopardy Clause precludes retrial for attempted murder after acquittal for murder in self-defense |
| 21-5380 | Luke Edward Fleming v. Florida | Florida | 2021-08-17 | Denied | Response WaivedIFP | circumstantial-evidence cold-case constitutional-law criminal-procedure dna-evidence due-process evidence murder sexual-battery | Whether the Petitioner's convictions for murder and sexual battery violate the Due Process Clause of the United States Constitution because the eviden… |
| 21-5151 | Kenan Ivery v. Ohio | Ohio | 2021-07-21 | Denied | IFP | aggravated-murder criminal-conviction due-process essential-elements insufficient-evidence jury-removal murder reasonable-doubt trial-procedure | Is a petitioner denied due process of law when he is convicted for offenses of which there was insufficient evidence presented at trial to have found … |
| 20-8226 | In Re Francis Boyd | 2021-06-04 | Denied | IFP | criminal-procedure criminal-sentencing due-process habeas-corpus judicial-error jury-instruction jury-instructions miscarriage-of-justice murder murder-degrees third-degree-murder trial-procedure | Can a trial judge instruct a jury during a jury charge that they cannot find the petitioner guilty of a certain degree of murder after entertaining a … | |
| 20-8004 | L. M. C. v. West Virginia | West Virginia | 2021-05-12 | Denied | Response WaivedIFP | brady-violation cause-of-death child-endangerment due-process expert-testimony failure-to-provide-necessities judgment-of-acquittal motion-for-judgment-of-acquittal murder murder-of-a-child w-va-code-61-8d-2a | Is it a violation of due process for a trial court to deny a motion for judgment of acquittal when there is no proof of cause of death in a prosecutio… |
| 20-7837 | Sam Bradford v. Mississippi | Mississippi | 2021-04-23 | Denied | Response WaivedIFP | criminal-procedure due-process life-sentence miss-code-ann-47-314 murder plain-error sentencing trial-court | Whether Petitioner's (Sam Bradford) due process rights were violated when the trial court committed plain error in imposing a natural life sentence fo… |
| 20-6706 | Roberto Degollado v. Texas | Texas | 2020-12-23 | Denied | IFP | and whether due process requires affirmative show 14th-amendment criminal-plea criminal-procedure due-process guilty-plea intentional-conduct memory memory-defense murder plea-bargaining | Is a defendant's open plea of guilty to murder valid when the plea colloquy reflects the defendant does not remember the conduct, or is it no longer r… |
| 20-5196 | David McConnell v. Florida | Florida | 2020-07-31 | Denied | IFP | cooperation-with-state criminal-investigation criminal-procedure effective-assistance-of-counsel fourteenth-amendment ineffective-assistance-of-counsel murder murder-prosecution prosecutorial-conflict sixth-amendment | Does counsel under the Fourteenth and Sixth Amendment have an obligation to effectively assist a defendant's cooperation with the State in a murder pr… |
| 19-8821 | Jose Santiago-Ortiz v. United States | Second Circuit | 2020-06-25 | Denied | IFP | -criminal-organization -federal-criminal-law -murder-statute -organizational-intent -substantive-nexus #NAME? criminal-organization federal-criminal-offenses murder second-circuit sixth-circuit substantive-nexus | Whether federal criminal offenses that include a substantive nexus between a charged murder and the defendant's alleged involvement in a criminal orga… |
| 19-8771 | Michael A. Risenhoover v. William Muniz, Warden | Ninth Circuit | 2020-06-22 | Denied | Response WaivedRelisted (2)IFP | 28-years-to-life criminal-procedure due-process first-degree-murder first-time-offender judicial-discretion murder prior-criminal-history proportionality public-message sentencing sentencing-guidelines | Does sentencing a first-time offender who has no prior criminal history to 28 years to life send a dangerous message to the public and future offender… |
| 19-7973 | Quincy Chisolm v. Maryland | Maryland | 2020-03-12 | Denied | IFP | appeal civil-rights conspiracy conviction criminal-procedure due-process first-degree-murder judicial-discretion mitigating-circumstances murder sentencing trial-court-error | Did the trial Court err in failing to set aside the verdict that a Conviction can the Court of Criminal Appeals to murder? |
| 19-7571 | Richard Williams v. Tony Mays, Warden | Tennessee | 2020-02-05 | Denied | Response WaivedIFP | burden-of-proof constitutional-law constitutional-standard criminal-procedure due-process evidence murder murder-investigation presumption statutory-interpretation statutory-presumption venue | Whether the statutory presumption comports with the constitutional standard |
| 19-7308 | Jerry Lynn McGavitt v. Texas | Texas | 2020-01-17 | Denied | IFP | 14th-amendment criminal-law criminal-mental-state due-process jury-charge jury-instructions law-of-parties mens-rea murder murder-prosecution | Whether the failure to limit the definitions, in the abstract portion of the jury charge, of 'Intentionally' and 'Knowingly' to the nature of the cond… |
| 19-7183 | Malcolm William v. Pennsylvania | Pennsylvania | 2020-01-06 | Denied | Response WaivedIFP | causation criminal-procedure criminal-procedure-arrest-of-judgment due-process elements-of-crime evidence evidence-sufficiency hearsay insufficient-evidence malice motion-in-limine murder murder-charge new-trial sixth-amendment third-degree | Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree |
| 19-7093 | Oscar Ibarra v. Nick Ludwick, Warden | Eighth Circuit | 2019-12-31 | Denied | Response WaivedIFP | conflict-of-interest criminal-procedure indigent-defendant ineffective-assistance murder right-to-counsel sixth-amendment | Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented both a… |
| 19-714 | Pennsylvania v.William R. Landis, Jr. | Pennsylvania | 2019-12-05 | Denied | Response RequestedResponse WaivedRelisted (2) | blueford-v-arkansas criminal-procedure diminished-capacity double-jeopardy double-jeopardy-clause lesser-included-offense mens-rea murder murder-charges poland-v-arizona precedent retrial | Did the Superior Court of Pennsylvania err in finding that the reinstatement of Murder in the Third Degree upon the award of a new trial violated the … |
| 19-6621 | Jaquan Walters v. United States | Second Circuit | 2019-11-13 | Denied | Response WaivedIFP | 9th-circuit criminal-law deadly-force due-process federal-common-law imperfect-self-defense manslaughter murder murder-mitigation self-defense unreasonable-belief voluntary-manslaughter | Does 'imperfect self-defense' exist as a partial defense to murder at federal common law? |
| 19-6176 | Christopher Harris v. United States | Sixth Circuit | 2019-10-07 | Denied | Response WaivedIFP | criminal-law due-process evidence murder pecuniary-gain rico rico-enterprise sixth-circuit statutory-interpretation vcar vcar-offense | Should a Writ of Certiorari Issue Because the Sixth Circuit Ignored the Uncontroverted Evidence and its own Analysis of the VCAR Motives to Conclude t… |
| 19-6107 | Robert B. Ledbetter v. United States | Sixth Circuit | 2019-10-01 | Denied | Response WaivedIFP | conspiracy conspiracy-charges criminal-law criminal-sentencing double-jeopardy due-process fifth-amendment insufficient-evidence murder murder-conviction sufficiency-of-evidence | Where the evidence is insufficient to convict on conspiracy and murder charges, can the defendant be convicted on those charges? |
| 18-8858 | Aspen Warren v. Texas | Texas | 2019-04-16 | Denied | IFP | criminal-procedure due-process evidence-sufficiency jury-unanimity manner-and-means murder murder-conviction state-criminal-law state-statutes statutory-interpretation sufficiency-of-evidence | Whether there must be sufficient evidence to convict under each manner or means alleged in a murder case where under state statutes a jury need not be… |
| 18-8063 | Shaun Mark Lawler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-02-25 | Denied | IFP | aggravated-assault constitutional-challenge criminal-law criminal-sentencing deadly-weapon due-process equal-protection family-violence guilty-plea heat-of-passion ineffective-assistance-of-counsel ineffective-counsel murder sentencing statutory-punishment | Is it unconstitutional for the Texas Legislature to authorize a greater punishment range and maximum punishment for aggravated assault - family violen… |
| 18-7936 | Jaquan Henderson v. Greg Skipper, Warden | Sixth Circuit | 2019-02-13 | Denied | Response WaivedIFP | affirmative-defense constitutional-law criminal-law criminal-procedure duress legal-justification murder statutory-interpretation | WHETHER DURESS IS AN AFFIRMATIVE DEFENSE PRIOR TO AN OCCURRENCE OF MURDER? |
| 18-7834 | Brent William Bogseth v. Michigan | Michigan | 2019-02-07 | Denied | IFP | 14th-amendment 5th-amendment closing-argument constitutional-rights criminal-procedure deliberation due-process evidence fair-trial fifth-amendment murder premeditation prosecutorial-misconduct self-incrimination | Whether the lack of evidence to show the defendant actually committed the offense of murder means premeditation and deliberation cannot exist, or if t… |
| 18-7802 | Michael Hopson v. United States | Fourth Circuit | 2019-02-07 | Denied | Response WaivedIFP | aid-of-racketeering attempted-murder constitutional-claims criminal-intent criminal-procedure due-process fifth-amendment fourteenth-amendment fourth-circuit insufficient-evidence murder pattern-of-racketeering racketeering-conspiracy | Whether the evidence was insufficient to convict the petitioner of racketeering conspiracy and murder/attempted murder in aid of racketeering |
| 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… |
| 18-6672 | Marciano Millan Vasquez, aka Chano v. United States | Fifth Circuit | 2018-11-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | aiding-and-abetting drug-conspiracy due-process kingpin-statute murder | Whether the Court of Appeals erred by upholding Petitioner's conviction stemming from the extraterritorial-application |
| 18-6663 | Esau Escobar v. Illinois | Illinois | 2018-11-13 | Denied | IFP | appellate-review civil-rights criminal-procedure double-jeopardy due-process jury-instructions murder murder-conviction prior-acts provocation provocation-defense self-defense substantial-evidence | Whether the Appellate Court erred in rejecting the Petitioner's claim of provocation instruction due to the Petitioner's testimony that he acted out o… |
| 18-6635 | Eddie Hampton v. California | California | 2018-11-08 | Denied | IFP | criminal-procedure criminal-procedure-error felony-murder first-degree-murder jury-instruction jury-instructions murder natural-and-probable-consequence natural-probable-consequence prejudice-standard premeditated-murder standard-of-prejudice | Where she jury was erroneously instrycted on (a) Murder as a natural and presbable consequence per peopie vs chiu 39 cal 4th $35 172 cad Rotr 3d 438 3… |
| 18-5116 | Benjamin A. Gibbs v. United States | Fourth Circuit | 2018-07-05 | Denied | Response WaivedIFP | civil-procedure due-process jurisdiction life-sentence murder patent retroactive-application sentencing-guidelines standing takings uncharge-offense | Whether the petitioner's life sentence for an uncharged offense of murder violates due process, retroactive application of law, and sentencing guideli… |
| 18-5123 | Eric Glenn Parker v. United States | Fifth Circuit | 2018-07-05 | Denied | Response WaivedIFP | aiding-abetting aiding-and-abetting conspiracy criminal-conviction criminal-procedure district-court jurisdiction murder murder-charge rico rico-conspiracy sixth-amendment venue venue-proof | Was venue proven to convict Eric Glenn Parker of conspiracy to commit RICO and aiding and abetting murder in the Northern District of Mississippi? |