new-trial

72 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24A1198 James Randall Rogers v. Georgia Georgia 2025-06-05 Presumed Complete bitemark-evidence capital-punishment constitutional-due-process death-penalty new-trial recantation Whether the recantation of bitemark evidence used to convict a death row inmate warrants a new trial under federal constitutional due process standard…
23-7739 Cary Joseph Heath v. Texas Texas 2024-06-17 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication new-trial trial-fairness witness-testimony Whether the petitioner is responsible for the deaths of the victims, given the testimony of the forensic psychologist that the petitioner was drugged …
23-7708 Joshua Peters v. United States Third Circuit 2024-06-13 Denied Response WaivedIFP burden-shifting constitutional-law criminal-procedure due-process government-misconduct new-trial presumption-of-innocence prosecutorial-misconduct trial-order Burden-shifting-in-criminal-trial
23-7613 Tre' Anthony James v. Louisiana Louisiana 2024-06-03 Denied IFP appellate-review due-process factual-sufficiency jackson-standard jackson-v-virginia law-of-the-case legal-sufficiency new-trial Is an appellate court's reversal of a trial court's grant of a new trial reviewable?
23-7433 Gary Allen Kachina v. United States Eighth Circuit 2024-05-09 Denied Response WaivedIFP appellate-review civil-procedure constitutional-law criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure habeas-corpus new-trial standard-of-review Whether the district court erred in denying the defendant's motion for a new trial
23-7398 Jamaal Parker v. United States Sixth Circuit 2024-05-07 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure judicial-discretion new-trial new-trial-standard preservation-of-error reversible-error sentencing sentencing-explanation Whether a new criminal trial requires trial error that would have been reversible on appeal
23-7316 David James Lack v. Rob Bonta, Attorney General of California Ninth Circuit 2024-04-26 Denied IFP case-document civil-rights court-filing due-process judicial-process juror-misconduct jury-selection legal-document new-trial petition prosecutorial-misconduct related-cases Whether a juror who concealed material information during voir dire should be disqualified from serving on a jury, and whether a juror's improper cond…
23-7008 Lawrence Martin v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2024-03-18 Denied Response WaivedIFP 6th-amendment brady-violation civil-rights criminal-procedure due-process exculpatory-evidence federal-court new-trial relief trial-rights Was Martin entitled to production of documents, did a Brady violation occur when favorable material evidence was withheld/discarded, was Martin entitl…
23-5901 Albert Randolph v. Texas Texas 2023-10-27 Denied IFP appellate-review criminal-procedure due-process habeas-corpus ineffective-assistance new-trial Court of Criminal Appeals error denying Writ of Habeas Corpus for New Trial
23-414 Devon Archer v. United States Second Circuit 2023-10-19 Denied Amici (1) circuit-split criminal-procedure discretion judicial-discretion manifest-injustice new-trial new-trial-standard rule-33 second-circuit weight-of-evidence Whether district courts have discretion under Federal Rule of Criminal Procedure 33 to order a new trial based on the weight of the evidence, even in …
23-5648 Frank Nucera, Jr. v. United States Third Circuit 2023-09-26 Denied Response WaivedIFP due-process equal-protection evidentiary-hearing juror-misconduct jury-deliberations new-trial new-trial-motion racial-bias third-circuit-court voir-dire Did the Third Circuit err by upholding the denial of Petitioner's motion for new trial or an evidentiary hearing based on juror affidavits?
23-5013 Brian Jury v. Ohio Ohio 2023-06-30 Denied Response WaivedRelisted (3)IFP brady brady-violation civil-rule-60b due-process evidence evidence-suppression indigent-defendant new-trial new-trial-motion possession suppression Whether a Brady violation requires suppression to be dependent upon possession
22-7374 Earl McCoy v. United States Second Circuit 2023-04-26 Denied IFP court-of-appeals due-process false-statements juror-bias jury-selection mcdonongh-test mcdonough-standard new-trial sixth-amendment voir-dire whether-the-court-of-appeals-misapplied-mcdonongh
22-637 In Re Larry Elliot Klayman 2023-01-11 Denied Response WaivedRelisted (2) appellate-procedure civil-rights court-intervention due-process injunctive-relief judicial-misconduct judicial-review mandamus new-trial standing Whether a writ of mandamus should issue directing the District Court to conduct a new trial in the JW Case
22-6486 Atiq Weston v. Michael Capra, Superintendent, Sing Sing Correctional Facility Second Circuit 2023-01-09 Denied Response WaivedIFP constitutional-claims constitutional-rights dna-testing due-process extraordinary-relief false-evidence false-testimony guilty-plea new-trial newly-discovered-evidence post-conviction Whether the post-conviction, due process violations exposed by false DNA testing on the petitioner's case warrant a new trial
22-6046 Terrioues Owney v. United States Fifth Circuit 2022-11-14 Denied Response WaivedIFP appellate-review brady-disclosure brady-v-maryland constitutional-rights cooperating-witness due-process late-disclosure materiality materiality-standard new-trial witness-credibility Did the United States Court of Appeals for the Fifth Circuit deny Owney's right to constitutional due process by applying an erroneous standard in ass…
22-5054 Tyrik Upchurch v. United States Third Circuit 2022-07-08 Denied Response WaivedIFP appellate-review due-process evidence-rules expert-testimony expert-witness-testimony judicial-procedure judicial-proceedings lay-witness-testimony new-trial standard-of-review third-circuit trial-error Did the Court of Appeals for the Third Circuit err in failing to award the Petitioner a new trial due to the District Court's error in allowing the go…
21-1319 Mark Nordlicht and David Levy v. United States Second Circuit 2022-04-04 Denied Amici (1) credibility criminal-procedure discretion district-court-discretion evidence-weighing federal-rules-of-criminal-procedure jury-verdict new-trial new-trial-motion rule-33 standard-of-review witness-credibility Whether district courts have discretion to weigh the evidence, including the credibility of witnesses, when deciding to grant a new trial under Rule 3…
21-7067 Kimmie Dwayne Baker v. Arizona Arizona 2022-02-08 Denied Response WaivedRelisted (2)IFP certiorari-review criminal-procedure due-process electronic-surveillance evidence exculpatory-evidence government-misconduct government-response judicial-procedure new-trial new-trial-motion surveillance Whether the government was obligated to respond and contest the merits of the July 3, 2022 motion, rather than moving to dismiss on the basis of untim…
21-6973 Larry Lee Jacks v. Warden Lynch Ninth Circuit 2022-01-26 Denied Relisted (2)IFP brady-v-maryland case-procedure civil-rights constitutional-provision due-process exculpatory-evidence judicial-review legal-jurisdiction new-trial prosecutorial-misconduct statutory-interpretation Whether the Eleventh Circuit erred in affirming the district court's denial of petitioner's motion for a new trial based on the government's failure t…
21-6490 Earl McCoy v. United States Second Circuit 2021-12-02 GVR Relisted (2)IFP appellate-review crime-of-violence fair-trial hobbs-act impartial-jury juror-bias jury-impartiality mcdonough-standard new-trial sixth-amendment Whether the Court of Appeals erred in analyzing the Petitioner's Sixth Amendment right to trial by a fair and impartial jury
21-5894 Jeffrey Richard Martinson v. Arizona Arizona 2021-10-05 Denied Response WaivedIFP acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy-doctrine fifth-amendment new-trial prosecutorial-misconduct trial-court-dismissal Whether the Double Jeopardy Clause bars retrial where the trial court dismissed the case with prejudice for bad faith prosecutorial misconduct after g…
21-447 Matthew Nix v. United States Second Circuit 2021-09-22 GVR Relisted (2) actual-bias categorical-approach crime-of-violence criminal-procedure hobbs-act implied-bias juror-bias juror-dishonesty mcdonongh-power-equipment mcdonough-standard new-trial new-trial-standard Whether a new trial is warranted upon a showing of intentional or inadvertent juror dishonesty
21-5529 Amando Martinez Montealvo v. Iowa Iowa 2021-08-30 Denied Response WaivedIFP criminal-procedure juror-bias new-trial presumed-bias sex-abuse trial-rights voir-dire Does the presumed bias doctrine require a new trial when a juror who was a victim of sex abuse lies during voir dire to serve in a criminal sex abuse …
20-8392 Dmitry Pronin v. Troy Johnson, et al. Fourth Circuit 2021-06-23 Denied Response WaivedIFP civil-rights due-process evidence federal-rules-of-civil-procedure mistake new-trial Must Petitioners attorneys' mistake or inadvertence in not introducing evidence of history of retaliation from the side of at least one of the Defenda…
20-1644 Devon Archer v. United States Second Circuit 2021-05-26 Denied Amici (1) appellate-review criminal-procedure evidence-weighing federal-rule-of-criminal-procedure jury-discretion jury-verdict miscarriage-of-justice new-trial new-trial-motion second-circuit Does Federal Rule of Criminal Procedure 33(a) afford district courts discretion to reweigh the evidence when evaluating a new trial motion
20-8105 Daniel Littlepage v. First District Court of Appeals of Ohio Ohio 2021-05-24 Denied Response WaivedIFP appellate-review due-process judicial-bias new-trial structural-error trial-procedure Is a Petitioner Entitled to a New Trial when the 'Bias' and 'Partial' behavior of a Trial Judge exceeds the Requirement to prove 'Structural' Error?
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…
20-417 Sanjay Bhardwaj v. State Bar of California California 2020-10-01 Denied Response Waived appellate-review civil-procedure civil-rights due-process fifth-amendment forgery new-trial new-trial-motion standing state-bar trial-transcripts Can California State Bar Court consider trial transcripts which are not certified, are false and product of antecedent forgery after trial, for purpos…
20-5764 Rodney Berryman, Sr. v. Robert K. Wong, Warden Ninth Circuit 2020-09-23 Granted Relisted (2)IFP counsel-representation dna-evidence ineffective-assistance-of-counsel interlocutory-appeal judicial-error motion-denial new-trial ninth-circuit prejudice pro-se pro-se-motion Did the Ninth Circuit err in finding no basis for interlocutory appeal and refusing to allow the petitioner to show district court prejudice
20-5712 Marcus Vernell Coleman v. Darrel Vannoy, Warden Fifth Circuit 2020-09-16 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process fifth-circuit ineffective-assistance new-trial prejudice right-of-confrontation strickland-standard strickland-v-washington Did the federal Fifth Circuit Court of Appeal apply the correct legal standard in accordance to Strickland's prejudicial prong when petitioner(s) righ…
19-8920 Deshawn Colbert v. Sherry L. Burt, Warden Sixth Circuit 2020-07-08 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel new-trial pre-arrest-silence prosecutorial-misconduct sixth-amendment Whether the appellant's Sixth Amendment right to confrontation was violated due to ineffective assistance of counsel
19-1395 Raleigh Rogers v. Discover Bank North Carolina 2020-06-19 Denied Response Waived civil-procedure due-process fraud misconduct misrepresentation new-trial north-carolina-rules pro-se relief-from-judgment Does 'pro se' mean 'no say' or are even pro se litigants eligible for relief from judgment and a new trial pursuant NC §14-1 Rule 60(b)(3) when courts…
19-8746 Scott A. Group v. Ohio Ohio 2020-06-18 Denied IFP capital-defendant capital-punishment dna-evidence due-process habeas-corpus ineffective-assistance-of-counsel new-evidence new-trial trial-court Whether a state court deprives a capital defendant due process by denying a request to present new evidence to challenge the conviction without consid…
19-8546 Annamalai Annamalai and Parvathi Sivanadiyan v. United States Eleventh Circuit 2020-05-27 Denied Response WaivedIFP bank-fraud constitutional-rights criminal-procedure due-process evidence-sufficiency federal-jurisdiction judicial-error new-trial procedural-misconduct prosecutorial-misconduct issues-being-raised
19-1120 Monette E. Saccameno v. Ocwen Loan Servicing, LLC, et al. Seventh Circuit 2020-03-13 Denied Response Waived 7th-amendment appellate-review circuit-court civil-rights due-process judicial-review new-trial punitive-damages reexamination-clause remittitur seventh-amendment Does the Reexamination Clause of the Seventh Amendment allow the Circuit Court to fix the amount of punitive damages without offering a remittitur or …
19-7877 Tyrone Rogers v. Josie Gastelo, Warden Ninth Circuit 2020-03-05 Denied IFP Conflict-counsel Enhanced-sentence In-custody in-custody-determination ineffective-assistance Ineffective-assistance-of-counsel new-trial ninth-circuit-conflict procedural-default Procedural-defaults sentencing-error Sexual-elements Sentencing-error
19-7767 Octavio Torres Ortega v. Florida Attorney General, et al. Eleventh Circuit 2020-02-26 Denied Response WaivedIFP civil-procedure civil-rights criminal-procedure due-process evidentiary-hearing factual-record ineffective-assistance ineffective-assistance-of-counsel judicial-review new-trial reversible-errors standing trial-counsel trial-errors Should any of the reviewing court's have reversed for an evidentiary hearing to develop an accurate factual record
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?
19-7563 Terry Glynn Speed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-06 Denied IFP civil-rights constitutional-violation due-process evidentiary-hearing habeas-corpus new-trial perjury racial-bias trial-procedure Whether the reviewing court is required to hold an evidentiary hearing to allow the petitioner to prove claims of racial prejudice and bias that would…
19-958 Bahar Mikhak v. University of Phoenix, Inc. Ninth Circuit 2020-01-30 Denied Response Waived clear-and-convincing-evidence counsel-negligence dismissal-with-prejudice fraud-on-court fraud-on-the-court frcp-60(b)(3) frcp-60b new-trial pro-se-litigant procedural-due-process Was the Ninth Circuit's holding wrong for departing from its own precedent and creating a conflict with other circuits over the application of the 'cl…
19-922 Donnie Cleveland Lance v. Georgia Georgia 2020-01-23 Denied capital-punishment dna-testing due-process eighth-amendment equal-protection extraordinary-motion fourteenth-amendment innocence-claim new-trial Was petitioner denied due process and equal protection
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
19-6953 Donovan G. Davis, Jr. v. United States Eleventh Circuit 2019-12-16 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-proceeding critical-stage direct-appeal new-trial new-trial-motion right-to-counsel sentencing sentencing-guidelines sentencing-procedure Question not identified
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
19-6392 Jeffrey F. Evers v. Brian Foster, Warden Seventh Circuit 2019-10-25 Denied Response WaivedIFP appeals civil-procedure civil-rights criminal-procedure due-process federal-courts first-amendment free-exercise habeas-corpus merits-based-decision new-trial procedural-default public-accommodation religious-freedom same-sex-marriage standing state-licensing Does federal law under A952(c) permit a civil justice system to respond to a No-Merits review of a procedural default that can only be waived as a mer…
19-5846 Joshua Eric Townley v. Texas Texas 2019-09-06 Denied IFP appellate-procedure appellate-review constitutional-law constitutional-principles criminal-procedure double-jeopardy due-process judicial-discretion new-trial sua-sponte supremacy-clause trial-court trial-procedure whether a trial judge violates the Supremacy and Double Jeopardy Clauses of the United States Constitution
19-5814 Luis Armando Mesta v. John Myrick Ninth Circuit 2019-09-04 Denied Response WaivedIFP appellate-advocacy appellate-procedure constitutional-rights counsel-performance ineffective-assistance ineffective-assistance-of-counsel new-trial sixth-amendment sixth-amendment-right-to-counsel state-court-deference state-court-review strickland-v-washington Whether the Ninth Circuit's opinion deferred to the state court's finding that counsel was not ineffective under Strickland, despite counsel's failure…
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…
19-5323 Edwardo De Juan v. Florida Florida 2019-07-24 Denied IFP civil-rights constitutional-provisions criminal-conviction criminal-procedure due-process equal-protection habeas-corpus judicial-review legal-jurisdiction new-trial post-conviction procedural-rights standing state-court statutory-provisions Whether the petitioner's due process and equal protection rights were violated when the state court denied his post-conviction motion for a new trial
18-9712 Noe Juarez v. United States Fifth Circuit 2019-06-18 Denied Response WaivedIFP conspiracy conspiracy-law criminal-procedure deliberate-ignorance due-process evidence evidence-404(b) evidence-rule-404b jury-instructions new-trial propensity propensity-evidence prosecutorial-misconduct What is the proper framework for determining whether a prosecutor's improper propensity-based arguments related to 404(b) evidence warrant a new trial…
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
18-8916 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?
18-8573 Early A. Atterberry v. John Varga, Warden Seventh Circuit 2019-03-27 Denied IFP appeals civil-procedure constitutional-rights criminal-procedure-rule-52b due-process equal-protection fair-trial harmless-error jury-prejudice new-trial other-crimes-evidence rule-52b standing Whether the Court erred in properly applying Rule 52(b) to the issue of Harmless Error raised by the petitioner during the numerous appeals pursued
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…
18-8207 Wayland Lynn Dilts v. Michigan Michigan 2019-03-01 Denied IFP constitutional-rights courtroom-closure criminal-procedure due-process fair-trial fundamental-fairness new-trial public-trial secret-trial sixth-amendment trial-fairness Whether Petitioner's Sixth Amendment right to a public trial was violated
18-8037 Jerry Anthony Brandon, aka Jerry L. Brandon v. Louisiana Louisiana 2019-02-20 Denied IFP constitutional-rights due-process effective-assistance-of-counsel equal-protection ineffective-assistance involuntary-absence medical-emergency new-trial sixth-amendment trial-absence voluntary-absence Was the Petitioner's 5th, 6th, & 14th amendment rights to the Constitution of the United States violated?
18-7769 Demetrius Hill v. United States Second Circuit 2019-02-06 Denied Response WaivedIFP brady-violation constitutional-rights due-process exculpatory-evidence government-misconduct ineffective-assistance-of-counsel ineffective-counsel new-trial sentencing sentencing-enhancement sixth-amendment witness-credibility witness-vouching Do exculpatory recordings that were purposefully withheld by the government warrant a new trial?
18-7303 Joel Rivera v. United States Seventh Circuit 2019-01-08 Denied Response WaivedIFP advance-knowledge aiding-and-abetting armed-robbery credibility-of-witness credible-witness criminal-intent due-process evidence firearm-use new-trial prosecutorial-discretion seventh-circuit witness-credibility Whether Rosemond v. United States was wrongly interpreted and applied
18-6700 Michael DePietro v. Allstate Insurance Co., et al. New Jersey 2018-11-14 Rehearing Response WaivedRelisted (2)IFP appeal case-law civil-procedure civil-rights court-procedure due-process equal-protection fair-trial judicial-bias legal-reconsideration motion-denial new-trial reconsideration standing trial-fairness Why is Judge Fuentes denying everything I brought in front of him, including caselaw?
18-6591 Leslie Chin v. United States Eleventh Circuit 2018-11-06 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-diligence due-process equal-protection federal-courts new-trial newly-discovered-evidence standard-of-review trial-procedure Whether the Equal Protections Clause is violated when there is a conflict amongst the federal circuit courts of appeal dealing with what a defendant i…
18-423 Christopher Barrella v. Village of Freeport, New York, et al. Second Circuit 2018-10-03 Denied circuit-split civil-procedure civil-rights damages due-process federal-rules-of-civil-procedure golden-rule-argument jury-instructions liability liability-determination new-trial standing Whether a lawyer's invitation to the jury to imagine themselves in the shoes of an interested party in determining either liability or damages is impr…
18-6148 Atul Nanda v. United States Fifth Circuit 2018-10-01 Denied Response WaivedIFP Brady-Doctrine brady-rule brady-v-maryland confrontation-clause due-process fifth-amendment Giglio-Doctrine giglio-rule giglio-v-united-states new-trial plea-agreement Plea-Agreements plea-bargaining sixth-amendment witness-testimony Are the defendants' constitutional rights under the sixth and fifth amendments violated when the government fails to fully disclose plea agreement ter…
18-5963 Steve Kassab v. S. Skinner, et al. Ninth Circuit 2018-09-13 Denied Response WaivedIFP civil-procedure civil-rights discovery due-process excessive-force law-enforcement-misconduct new-trial qualified-immunity standing summary-judgment trial-procedure Whether the district court's dismissal of all but 2 defendants caused prejudice to petitioner
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…
18-5697 James R. Reece v. L. Ray Whitley, et al. Sixth Circuit 2018-08-22 Denied IFP criminal-procedure criminal-proceedings critical-stage indigent-prisoner new-trial post-trial pre-appeal right-to-counsel sixth-amendment subject-matter-jurisdiction Whether a post-trial pre-appeal motion for new trial is a critical stage of state criminal proceedings protected by right-to-counsel
18-200 Michigan v. Charles Damon Jones Michigan 2018-08-15 Denied Response Waived appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency Whether the Michigan Court of Appeals erred in granting a new trial based on an inconsistent jury verdict, even though irreconcilable jury verdicts ar…
18-5527 Jesus Alejandro Chavez, aka Chuy v. United States Fourth Circuit 2018-08-09 Denied Response WaivedIFP brady-violation case-severance criminal-procedure due-process fourth-circuit-review joinder materiality materiality-standard new-trial prejudice severance substantial-defense Whether the Fourth Circuit erred in finding that the alleged Brady violation was not material
18-5438 Ulriste Tulin v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP burden-of-proof confrontation-clause criminal-procedure due-process evidence-reliability federal-rules-of-evidence kidnapping new-trial out-of-court-identification suggestive-procedure witness-identification Is an out-of-court identification of a defendant unduly suggestive and unreliable?
18-5148 Marcus Blalock v. Ohio Ohio 2018-07-06 Denied Response WaivedIFP actual-innocence appellate-review confrontation-clause due-process law-of-case law-of-the-case new-evidence new-trial newly-discovered-evidence prosecutorial-misconduct right-to-due-process Whether petitioner was denied his right to due process when the trial court failed to follow the law of the case doctrine from a previous appeal, deni…
18-5139 Donald Keith Runnels v. Presley Bordelon, Warden Fifth Circuit 2018-07-06 Denied Relisted (2)IFP appeals civil-rights criminal-procedure double-jeopardy due-process ex-post-facto habeas-corpus new-trial sentencing Whether the district court erred in denying petitioner's motion for a new trial and vacating his sentence, and whether the court violated the Double J…
18-36 Gregory Brice v. United States District of Columbia 2018-07-06 Denied alternate-suspect brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence motive motive-evidence new-trial post-trial-confession suppressed-evidence Whether the government violated its obligations under Brady v. Maryland by suppressing evidence showing that the leading alternate suspect had a power…