| 25-5917 |
Thomas Avery Drum v. United States |
Eighth Circuit |
2025-10-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-authority judicial-discretion new-trial-motion rule-33 weight-of-evidence |
When a criminal defendant files a timely motion for a new trial under Rule 33(b)(2), what is the scope of the district court's authority to grant a ne… |
| 23-6494 |
Lewis Dean Armstrong v. United States |
Ninth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
circuit-split competency-standard competency-to-assist-counsel due-process excusable-neglect federal-rules-of-criminal-procedure new-trial-motion pioneer-factors pioneer-investment-services-co-v-brunswick-associa rule-33 |
Whether the district court may find excusable neglect based solely on the length of time elapsed between judgment and filing, when most circuits requi… |
| 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 |
| 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… |
| 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 |
| 20-417 |
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… |
| 19-8439 |
Marijan Cvjeticanin v. United States |
Third Circuit |
2020-05-12 |
Denied |
Response WaivedIFP |
brady-violation catch-me-if-you-can criminal-procedure due-process kyles-standard kyles-v-whitley materiality-standard new-trial-motion perjury rule-33 trial-perjury |
Brady-violations |
| 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 |
| 18-8425 |
Henry Johnson Lucas, Jr. v. Virginia |
Virginia |
2019-03-14 |
Denied |
Response WaivedIFP |
appeals brady-violation civil-procedure civil-procedure-appeal-timeliness-dismissal-rules- constitutional-violation due-process evidence-suppression new-trial-motion procedural-error prosecutorial-misconduct rules-of-court standing timeliness |
Did the Virginia Supreme Court rule erroneously in dismissing petitioner's appeal as being untimely under Rule 5:9(a) of the Supreme Court of Virginia… |