plea-bargaining

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6521 Romeo Valentin Sanchez v. United States Eleventh Circuit 2026-01-09 Pending Response WaivedIFP constitutional-rights criminal-procedure ineffective-assistance-of-counsel judicial-review plea-bargaining sentencing-exposure 1. May a conviction be overturned if Counsel gave erroneous advice regarding a sentence exposure that induced Petitioner to reject a favorable plea of…
25-5992 In Re Roger Larry McCluer 2025-10-30 Denied IFP capital-murder constitutional-rights criminal-procedure habeas-corpus ineffective-assistance plea-bargaining 1. WHETHER OR NOT COUNSEL'S ADVICE TO PETITIONER, TO FOREGO A TWENTY (20) YEAR PLEA OFFER, WHEN THE STATE THREATENED TO RE-VISIT THE "CAPITAL MURDER" …
25-525 Damion Anthony Delapena v. Florida Department of Corrections Eleventh Circuit 2025-10-29 Denied Response Waived constitutional-rights criminal-procedure evidence-suppression habeas-corpus ineffective-assistance-of-counsel plea-bargaining 1. Does federal habeas petitioner make a "substantial showing of the denial of a constitutional right" under 28 U.S.C. § 2253(c)(2) where his trial at…
25-5630 Geneva Kristina Hudson v. United States Eighth Circuit 2025-09-15 Denied Response WaivedIFP criminal-procedure evidentiary-hearing habeas-corpus ineffective-assistance plea-bargaining section-2255 1. Must a petitioner alleging ineffective assistance of counsel in advising whether to plead guilty demonstrate a predisposition to pleading guilty as…
25-5257 Eric Sean Roloson v. Washington Washington 2025-08-01 Denied Response WaivedIFP criminal-procedure due-process involuntary-plea plea-bargaining prosecutorial-misconduct sentencing-alternative Whether the State's misrepresentation that the victims would support a SSOSA rendered Petitioner's plea involuntary, in violation of the Due Process C…
25-5211 Kareem Muhammad v. United States Fifth Circuit 2025-07-28 Denied Response WaivedIFP court-of-appeals defendant-expectations four-corners judicial-review plea-agreement plea-bargaining The overwhelming majority of criminal cases are resolved by plea bargaining. However, how these agreements are interpreted lacks uniformity in the cou…
25-5210 Lisa Marie Perez, fka Lisa Marie Belyew v. Lavelle Parker, Warden Ninth Circuit 2025-07-28 Denied Response WaivedIFP counsel-competence criminal-procedure due-process ineffective-assistance mental-coercion plea-bargaining 1) wynether, bo etal a videdton of ritlaredl V. WashingIon, Aloo US. % (14) a defendant nust snow 'Anak dw was competent to tao mK Peo Wriroud Mantel …
24-1273 Jonathan Phillips v. California California 2025-06-13 Denied due-process equal-protection felony-false-imprisonment fourteenth-amendment nolo-contendere plea-bargaining Does a felony false imprisonment conviction obtained by way of a nolo contendere plea violate due process protections where the defendant was not advi…
24-7003 Hale R. Harris v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-04-15 Denied Response WaivedRelisted (2)IFP constitutional-violation criminal-procedure habeas-corpus ineffective-assistance plea-bargaining sixth-amendment Does a finding of ineffective assistance of counsel require a remedy to the constitutional violation?
24-963 Elvin Torres-Estrada v. United States First Circuit 2025-03-07 Denied Response Waived constitutional-rights criminal-procedure due-process effective-assistance plea-bargaining prosecutorial-discretion Whether the inaccurate advice by a criminal defendant's attorney to reject a favorable plea agreement during plea negotiations, with the prosecutor's …
24-939 Kendall Streb v. United States Eighth Circuit 2025-03-03 Denied Response Waived certificate-of-appealability habeas-corpus ineffective-assistance plea-bargaining reasonable-jurists sentencing-guidelines Is the 'reasonable jurists' test being administered faithfully and consistently across federal circuits, and do Lafler, Frye, and Padilla precedents r…
24-6373 Harry Lee Goldsboro, II v. Florida Florida 2025-01-23 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining sixth-amendment Does a criminal defendant's plea of guilty preclude an ineffective assistance of counsel claim when counsel's performance falls below an objective sta…
24-5743 Rafael Ernesto Gabriel v. California California 2024-10-10 Denied IFP constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence Whether the Sixth Amendment requires advisement of an unauthorized sentence during plea negotiations and whether procedural bars should be precluded f…
24-5494 Brian Scott Witham v. United States Sixth Circuit 2024-09-09 Denied Response RequestedResponse WaivedRelisted (2)IFP actual-innocence criminal-conviction habeas-corpus plea-bargaining procedural-default section-2255 Whether a § 2255 petitioner who pleaded guilty to a charged offense based on conduct that is not a crime and who later seeks to rely on actual innocen…
24-5458 Derrick Courchaine v. California California 2024-09-04 Denied IFP constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence Whether the Sixth Amendment requires advisement of an unauthorized sentence during plea negotiations and whether procedural bars should be precluded f…
24-5405 Michael Edwin Harding v. United States Eleventh Circuit 2024-08-27 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance plea-bargaining prejudice-standard sentencing-guidelines Whether the district court applied the incorrect prejudice standard in denying relief for ineffective assistance of counsel based on erroneous advice …
24-5373 Raymond Rodriguez v. California California 2024-08-22 Denied IFP constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence Whether the Sixth Amendment requires advisement of an unauthorized sentence during plea negotiations and whether procedural bars should be precluded f…
24-5271 Claude P. Lacombe v. Brian Emig, Warden, et al. Third Circuit 2024-08-08 Denied Response WaivedIFP guilty-plea habeas-relief ineffective-assistance plea-bargaining sentencing strickland-prejudice Whether a petitioner seeking habeas relief from a sentence imposed by a guilty plea can establish Strickland prejudice by showing that but for counsel…
24-5210 Jason William Dittmer v. United States Tenth Circuit 2024-08-01 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining sentencing Question not identified
24-5206 Ronny Lee Thomas v. Tony R. Moore, et al. Fifth Circuit 2024-08-01 Denied IFP compromise contract criminal-procedure negotiate plea-bargaining plea-deal Question not identified.
24-5082 Adam Sprenger v. United States Seventh Circuit 2024-07-16 Denied Response WaivedIFP change-in-law criminal-law due-process federal-statute legal-interpretation plea-agreement plea-bargaining sentencing statutory-interpretation Have the federal courts misinterpreted and misapplied 18 U.S.C. § 2251(a) et. seq. to encompass conduct neither proscribed nor enumerated in 18 U.S.C.…
24-35 Sean Eamonn Waite v. Texas Texas 2024-07-12 Denied Response Waived criminal-procedure due-process habeas-corpus ineffective-assistance mental-health plea-bargain plea-bargaining procedural-due-process Ineffective-assistance-of-counsel
24-5030 Lani Lucas Limane, aka Lukasz Chad Limane v. United States Fifth Circuit 2024-07-09 Denied Response WaivedIFP aggravated-identity-theft criminal-procedure criminal-procedure-error identity-theft indictment indictment-variance plain-error plea-bargaining plea-colloquy predicate-offense rule-11 Was it plain error for a district court to convict petitioner on his plea of guilty to a crime never charged in the governing indictment?
24-5014 Aweis Haji-Mohamed v. United States Sixth Circuit 2024-07-08 Denied Response WaivedIFP circuit-split due-process ineffective-assistance mandatory-minimum plea-bargaining prejudice prejudice-analysis sixth-amendment sixth-circuit-error strickland-standard strickland-v-washington Ineffective-assistance-of-counsel
23-7779 Nalerton Charles v. United States Second Circuit 2024-06-21 Denied Response WaivedIFP appellate-rights congressional-intent constitutional-rights due-process judicial-review plea-bargaining prosecutorial-discretion public-policy Whether the time has come for this Court to exercise supervision over the ever-expanding prosecutorial practice of requiring defendants to give up the…
23-7683 Keon Lamont Lee v. United States Sixth Circuit 2024-06-11 Denied Response WaivedIFP appellate-rights circuit-split criminal-procedure due-process guilty-plea guilty-plea-withdrawal plea-bargaining plea-withdrawal sentencing sixth-circuit Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made without full knowledge of its consequences?
23-7650 Samuel Cuellar v. Jeff Tanner, Warden Sixth Circuit 2024-06-06 Denied Response WaivedIFP appellate-procedure constitutional-violation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-decision mandatory-minimum mandatory-minimum-sentences plea-bargaining plea-negotiations sentencing Whether petitioner is entitled to reinstatement of plea offer due to counsel's failure to inform him of mandatory minimum sentence
23-1278 Tsai-Fen Lee v. Washington Washington 2024-06-06 Denied Response Waived appellate-review constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance personal-restraint plea-bargaining right-to-counsel voluntariness-of-plea Whether the trial court erred in accepting defendant's guilty plea when the plea was equivocal
23-7620 Donald Kie, Jr. v. Garrett, Warden Ninth Circuit 2024-06-03 Denied IFP certificate-of-appealability criminal-conviction due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-bargaining sixth-amendment sufficiency-of-evidence sufficient-evidence Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability
23-7583 Shawn Hill v. United States Second Circuit 2024-05-29 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure mental-health plea-bargaining remorse sentencing sentencing-guidelines substantive-reasonableness supervised-release Was petitioner improperly denied credit for acceptance of responsibility?
23-7571 Corey Goings v. United States Sixth Circuit 2024-05-28 Denied Response WaivedIFP appeal-rights appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining racial-discrimination sentencing Whether the Plea Agreement's general waiver of appeal rights included a waiver of appealing a sentence based on the impermissible factor of race
23-7344 Richard Arlee Champion v. United States Fourth Circuit 2024-04-30 Denied Response WaivedIFP 28-usc-2255 criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance-of-counsel motion-to-vacate plea-bargaining pleading-timing pre-indictment-delay statute-of-limitations When determining the timeliness of a motion to vacate pursuant to 28 USC 2255, what pleading determines the relevant pleading when making that determi…
23A970 Brandon Washington v. Steven T. Marshall, Attorney General of Alabama, et al. Eleventh Circuit 2024-04-30 Presumed Complete aedpa-standard capital-murder ineffective-assistance judicial-procedure missouri-v-frye plea-bargaining Whether the Eleventh Circuit and state courts improperly applied the ineffective assistance of counsel standard under Missouri v. Frye by denying reli…
23-7324 Danilo Velasquez v. United States Ninth Circuit 2024-04-29 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-sentencing deportation gang jury-trial-rights plea-bargaining rico rico-case section-2255 sentencing-disparity Whether the petitioner's continued life sentence represents an unwarranted sentencing disparity under 18 U.S.C. § 3553(a)(6)
23-7327 Zachariah Jay Histed v. United States Sixth Circuit 2024-04-29 Denied Response WaivedIFP acceptance-of-responsibility criminal-law criminal-procedure drug-offense federal-sentencing judicial-discretion plea-bargaining sentencing sentencing-guidelines Whether a defendant who pleads guilty, admits the substantive elements of the criminal charge, and spares the government the time and expense of a tri…
23-7317 Michael A. Maggio v. United States Eighth Circuit 2024-04-26 Denied Response WaivedIFP criminal-law criminal-procedure due-process federal-statute nunc-pro-tunc plea-bargaining plea-modification post-conviction-relief property-rights statutory-interpretation statutory-limitation supreme-court-ruling Should Michael A. Maggio benefit from subsequent rulings of the United States Supreme Court that 18 U.S.C § 666(a)(1)(B) was limited to property right…
23-7265 Nicholas Stewart Hines v. South Dakota South Dakota 2024-04-19 Denied Response WaivedIFP criminal-procedure double-jeopardy due-process fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-considerations sixth-amendment Whether acquitted conduct or dismissed conduct pursuant to a plea can be argued and considered at sentencing
23-7223 Daquan Doral Carter v. United States Fourth Circuit 2024-04-15 Denied Response WaivedIFP appeal-waiver arraignment criminal-procedure district-court due-process merits-review plea-agreement plea-bargaining rule-11 sentencing Can the Government invoke an appeal waiver to preclude merits review of an appeal when the district court failed to specifically question the defendan…
23-7226 Michael Lee Villamonte v. United States Ninth Circuit 2024-04-15 Denied Response WaivedRelisted (2)IFP appellate-waiver circuit-split criminal-procedure due-process federal-courts miscarriage-of-justice plea-agreement plea-bargaining Did the Ninth Circuit's disposition of Petitioner's request to recognize a miscarriage of justice exception to the appellate waiver doctrine conflict …
23-7199 In Re Joseph R. Dickey 2024-04-11 Denied IFP 28-usc-2241 28-usc-2254 28-usc-2255 actual-innocence federal-prisoners habeas-corpus plea-agreement plea-bargaining prosecutorial-discretion statutory-interpretation Does 28 U.S.C. 2241(b)(1) apply to federal prisoners filing habeas corpus petitions under 28 U.S.C. 2255?
23-7176 Albert Enrique Narvaez v. Florida Florida 2024-04-10 Denied Response WaivedIFP constitutional-burden counterfactual-analysis criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-review plea-bargaining presumption-of-acceptability prosecutorial-discretion Does Missouri v. Frye place an unreasonable burden on defendants?
23-7196 Adam Carson v. United States Sixth Circuit 2024-04-10 Denied Response WaivedRelisted (2)IFP constitutional-rights first-impression ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper missouri-v-frye plea-bargaining plea-offer sentencing-reduction sixth-amendment Whether the panel's opinion violated the defendant's Sixth Amendment right by failing to accept the government's plea proposal
23-7180 Gary Wayne Warner v. Texas Texas 2024-04-09 Denied IFP actual-innocence criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice newly-discovered-evidence plea-bargaining plea-package state-law-ground Whether Texas Court of Criminal Appeal's is applying Sec.4 {TCCP Art.11.07] as adequate & independent state law ground
23-7120 Chaviz Wofford v. Illinois Illinois 2024-04-02 Denied IFP case-statement constitutional-provisions criminal-procedure due-process ineffective-assistance-of-counsel jurisdiction opinions plea-bargaining prosecutorial-misconduct sentencing statutory-provisions writ-of-certiorari Was defendant's plea bargain destroyed by coercive conduct of prosecutor
23-7067 In Re Timothy Stratton 2024-03-25 Denied IFP civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus judicial-procedure legal-documents plea-bargaining post-conviction-review sentencing Whether a defendant may be charged to find guilty where all of the necessary elements of a crime are not included in the jury's charge
23-7035 Anderson Garcia v. United States Second Circuit 2024-03-20 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowi…
23-1022 Nancy Martin v. United States Tenth Circuit 2024-03-18 Denied Amici (1) appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining Whether a plea agreement's appeal waiver can bar a defendant from pursuing a claim that the plea rested on an inadequate factual basis
23-6999 Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-15 Denied IFP constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy Is it permissible for counsel to unilaterally concede the actual charge act of the offense when guilt and punishment is the sole issue for the jury?
23-7002 Ayoob Wali v. United States Fifth Circuit 2024-03-15 Denied Response WaivedIFP appellate-review criminal-procedure federal-courts federal-criminal-law miscarriage-of-justice plea-agreement plea-bargaining sentencing waiver-of-appeal Should the court of appeals recognize a miscarriage-of-justice exception to a waiver-of-appeal provision in a federal criminal defendant's plea agreem…
23-6919 Raul Perez v. United States Eleventh Circuit 2024-03-07 Denied Response WaivedIFP acceptance-of-responsibility alford-plea criminal-procedure criminal-sentencing inter-circuit-split memory-defense memory-loss plea-bargaining sentencing-guidelines united-states-sentencing-guidelines Does a plea of guilty pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), based on a complete loss of memory of the actions underlying the offen…
23-6910 Jeffri Dávila-Reyes v. United States First Circuit 2024-03-06 Denied IFP 46-usc-70502 46-usc-70504 appellate-procedure constitutional-jurisdiction constitutional-review felonies-clause plea-bargain plea-bargaining statutory-interpretation subject-matter-jurisdiction vessel-jurisdiction Does the United States jurisdiction over a vessel under 46 U.S.C. § 70504(a) present a question of subject-matter-jurisdiction?
23-6836 Ruixue Shi, aka Serena Shi v. United States Ninth Circuit 2024-02-27 Denied Response WaivedIFP criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining right-to-counsel trial-preparation voluntariness Whether Petitioner's guilty plea was involuntary because she decided to plead guilty based upon her attorney's advice that it was in her interest to d…
23-6776 Robert Shawn Ingram v. Warden, Holman Correctional Facility Eleventh Circuit 2024-02-16 Denied IFP criminal-procedure death-penalty due-process ineffective-assistance-of-counsel plea-bargaining right-to-counsel Is an attorney constitutionally ineffective when he does not realistically convey to his client the consequences of failing to honor his plea agreemen…
23-6422 Raymond J. Kraynak v. United States Third Circuit 2024-01-05 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant hi…
23-6363 Matthew Reid Hinson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-12-27 Denied Response WaivedIFP competent-counsel due-process equal-protection fair-trial fourteenth-amendment ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment Does an attorney's failure to investigate, interview witnesses, and discuss defenses before advising a guilty plea violate the Sixth Amendment's right…
23-6323 Ryan F. Duncan v. Florida Florida 2023-12-21 Denied IFP constitutional-rights criminal-procedure due-process identification-evidence mandatory-minimum parole photo-array plea-bargaining sentencing witness-testimony Does a criminal court deprive a defendant of due process by accepting a guilty plea without informing them about a mandatory term of parole as a requi…
23-6275 Samuel Trelawney Hughes v. United States Ninth Circuit 2023-12-15 Denied Response WaivedIFP civil-rights criminal-procedure due-process ineffective-assistance plea-bargaining sentencing Whether the petitioner's appeal was improperly denied
23-6250 Matthew C. Spaeth v. United States Tenth Circuit 2023-12-13 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-client-confidentiality collateral-attack plea-bargaining prosecutorial-misconduct sentencing sixth-amendment tollett-precedent Does Tollett v. Henderson preclude a defendant from collaterally attacking a conviction based on pre-plea prosecutorial misconduct?
23-6230 Danille Morris v. United States Tenth Circuit 2023-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-client-confidentiality attorney-client-privilege guilty-plea habeas-corpus habeas-relief plea-bargaining prosecutorial-misconduct sixth-amendment tollett-interpretation tollett-v-henderson Does Tollett v. Henderson preclude collateral attack on a sentence due to pre-plea prosecutorial misconduct involving confidential attorney-client com…
23-6225 Michael Ramsey v. Matthew J. Platkin, Attorney General of New Jersey, et al. Third Circuit 2023-12-11 Denied IFP constitutional-rights criminal-procedure defendant-rights due-process negotiation-strategy plea-bargaining plea-negotiations right-to-claim-innocence Does Petitioner give up the right to claim innocence as a bargaining tool during plea negotiations?
23-6187 Jamar Green v. United States Fourth Circuit 2023-12-07 Rehearing Response RequestedResponse WaivedRelisted (3)IFP appellate-review constitutional-validity criminal-procedure due-process federal-criminal-procedure guilty-plea plea-bargaining pro-se-representation right-to-counsel sentencing waiver-of-counsel waiver-of-rights Whether an uncounseled felony guilty plea is Constitutionally valid
23-6194 Christopher Andrew Canales v. Nathan Hoffman, Acting Warden Sixth Circuit 2023-12-07 Denied IFP constitutional-rights criminal-procedure discovery-rights due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-discovery voluntariness-of-plea Whether petitioner should be entitled to full discovery (inculpatory and exculpatory) during the plea bargaining process
23-6128 Julia Ann Poff v. United States Fifth Circuit 2023-11-29 Denied Response WaivedIFP civil-procedure constitutional-rights criminal-procedure due-process evidence expert-testimony fair-trial indigent-defense plea-bargaining right-to-counsel Question not identified
23-6121 Jemare Ray McNair, aka Head v. United States Fourth Circuit 2023-11-28 Denied Response WaivedIFP appeal-waiver appeal-waivers career-offender criminal-law criminal-procedure due-process federal-sentencing plea-agreement plea-bargaining sentencing sentencing-enhancement Whether career offender status should be subject to appeal waivers in plea agreements where a defendant has a legitimate argument that he was not a ca…
23-564 Timothy Bing, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-27 Denied Response Waived due-process effective-assistance-of-counsel plea-bargaining plea-offer pretrial-investigation pretrial-motions sixth-amendment state-attorney Whether a policy by the State Attorney's Office which punished the petitioner for engaging in a pretrial investigation of his case as well as filing p…
23-6070 Eric V. Bartoli v. United States Sixth Circuit 2023-11-21 Denied Response WaivedIFP criminal-procedure ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining prosecutorial-misconduct sentencing sentencing-error statutory-maximum Whether a guilty plea should be vacated when the underlying plea bargain contains an error of law (an illegal sentence) at its core
23-6018 Calvin F. Currica v. Richard Miller, Warden Fourth Circuit 2023-11-15 Denied Response WaivedIFP brady-standard brady-vs-maryland criminal-procedure due-process fourth-circuit guidelines judicial-review plea-agreement plea-bargaining post-conviction-review sentencing sentencing-guidelines Whether the decision below should be summarily reversed because the Fourth Circuit substituted its judgment for an erroneous factual decision by the s…
23-6023 David Sattazahn v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2023-11-15 Denied Response WaivedIFP brady-disclosure brady-violation due-process giglio-disclosure giglio-v-united-states habeas-corpus plea-bargaining prosecutorial-misconduct united-states-v-bagley witness-bias witness-inducement Whether prosecutors must disclose inducements provided to witnesses, even in the absence of an agreement with express terms
23-5978 Brian Keith Person, Jr. v. United States Fourth Circuit 2023-11-08 Denied Response WaivedIFP appeal-waiver appellate-review constitutional-rights criminal-procedure due-process fourth-circuit knowing-voluntary plea-agreement plea-bargaining voluntariness Whether the Fourth Circuit erred by dismissing Mr. Person's appeal pursuant to an appeal waiver when he argued that his plea was not knowing and volun…
23-5959 Jason Claude Edwards v. Tristan Lemon, Warden Ninth Circuit 2023-11-06 Denied Response WaivedRelisted (2)IFP counsel-advice ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper missouri-v-frye ninth-circuit plea-bargaining plea-offer prejudice-analysis prejudice-standard strickland-standard strickland-v-washington Whether the Ninth Circuit majority unreasonably applied clearly established Supreme Court law
23-5889 Christopher Michael Williams v. Tim Shoop, Warden Sixth Circuit 2023-10-26 Denied Response WaivedRelisted (2)IFP alternative-suspect-defense criminal-procedure due-process due-process-violation habeas-corpus-petition ineffective-assistance-of-counsel plea-bargaining reasonable-doubt right-to-trial sixth-amendment-right whether-defendant's-6th-amendment-right-was-violated
23-5858 Anthony Schneider v. United States Ninth Circuit 2023-10-23 Denied Response WaivedIFP appellate-review appellate-waiver circuit-split criminal-procedure guilty-plea jurisdictional-challenge jurisdictional-challenges plea-bargaining supreme-court-precedent united-states-v-goodall united-states-v-taylor Whether a guilty plea that includes an appellate waiver bars jurisdictional challenges on appeal
23-5860 John Carl Ferrell v. United States Fifth Circuit 2023-10-23 Denied Response WaivedIFP boykin-v-alabama constitutional-rights criminal-procedure due-process judicial-review plea-bargaining sentencing supreme-court voluntary-plea Does a decision by the Supreme Court, after a plea is entered but before sentencing, present sufficient cause to consider if the plea was entered know…
23-5735 Michael James French v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview Third Circuit 2023-10-10 Denied Relisted (2)IFP aggravated-assault constitutional-rights criminal-law due-process exculpatory-evidence plea-bargaining plea-deal probable-cause sentencing serious-bodily-injury wrongful-conviction What constitutes the violent felony of the first degree (Aggravated Assault With Serious Bodily Injury) under 18 Pa. C.S. §2702(a)(1)?
23-5736 In Re Travis J. Guttu 2023-10-10 Denied IFP actual-innocence aedpa-deadline criminal-procedure due-process habeas-corpus ineffective-assistance plea-agreement plea-bargaining procedural-innocence Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place?
23-5739 Daniel Ray Metsinger v. United States Fifth Circuit 2023-10-10 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit jurisdiction plea-agreement plea-bargaining sentencing waiver Whether the Fifth Circuit erred by dismissing Mr. Metsinger's appeal based on the waiver of appeal provision in his Plea Agreement
23-5634 Jacob M. Currey v. Illinois Illinois 2023-09-21 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-standard plea-bargaining right-to-appeal sixth-amendment Whether the court clerk's refusal to file a pro se motion to withdraw guilty plea violates the petitioner's right to appeal
23-5514 Rodger William Dillard v. Wyoming Wyoming 2023-09-05 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal court-rules criminal-procedure due-process judicial-abuse judicial-discretion plea-bargaining plea-withdrawal sentence-correction sentencing Did the District in and for Natrona County 7th Judicial Abuse its power
23-5483 Dontavious Blake v. United States Eleventh Circuit 2023-08-30 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence-prejudice ineffective-assistance-of-counsel judicial-bias plea-bargaining prejudice sentencing The Appellate Court erred in denying relief for IOC concerning the advice that petitioner would receive a life sentence after either a guilty plea or …
23-5456 John E. Gilcrease v. Louisiana Louisiana 2023-08-28 Denied Response WaivedIFP appeal appellate-review consecutive-sentence constitutional-rights due-process judicial-vindictiveness north-carolina-v-pearce plea-bargaining remand sentencing-modification Were John Gilcrease's due process rights violated when the court imposed a more onerous, consecutive sentence after his original sentence was vacated …
23-5435 Marques Webb v. United States Fifth Circuit 2023-08-24 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement
23-162 Christian Winchel v. United States Fifth Circuit 2023-08-18 Denied Response Waived civil-procedure contemporaneous-evidence due-process habeas-corpus ineffective-assistance judicial-procedure plea-bargain plea-bargaining postconviction-review section-2255 standard-of-review Whether the Fifth Circuit Court of Appeals has departed from the accepted and usual course of postconviction proceedings under 28 U.S.C. § 2255
23-5312 In Re Brian D. Smith 2023-08-09 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal plea-bargaining right-to-appeal Is Smith's plea of guilty invalid?
23-5320 Curtis Lavon Magee v. United States Fifth Circuit 2023-08-09 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Magee's appeal based on the waiver of appeal provisions in his Plea Agreement
23-5321 Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2023-08-09 Denied Relisted (2)IFP appeals appellate-jurisdiction constitutional-review criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-procedure plea-bargaining procedural-barriers right-to-counsel state-courts Question not identified
23-121 Patrick Shin v. United States Ninth Circuit 2023-08-08 Denied Response Waived coram-nobis criminal-case criminal-procedure defendant-decision-making ineffective-assistance plea-bargaining post-hoc-assertion prejudice strickland-standard strickland-v-washington writ-of-error Whether a district court may require an additional showing of prejudice to grant a writ of coram-nobis
23-5253 Youssef Hoballah v. Virginia Virginia 2023-08-01 Denied IFP appeal-procedure constitutional-rights criminal-procedure double-jeopardy due-process evidence plea-bargaining sentencing sixth-amendment structural-error trial-procedure Whether the defendant's plea agreement was invalid, and the defendant's conviction should be vacated, due to the defendant being incarcerated on an un…
23-5205 Steven Lesane v. United States Second Circuit 2023-07-26 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation Whether the District Court abused its discretion in denying appellant's motion to withdraw guilty plea
23-5150 Augustus Quintrell Light v. United States Eighth Circuit 2023-07-20 Denied Response WaivedIFP constitutional-due-process criminal-procedure government-misconduct illegal-sentence ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-error Did the Eighth Circuit Court of Appeals commit plain error when it found that the district court did not abuse its discretion in denying petitioner's …
23-5131 Xavier Dominique Garris v. United States Fourth Circuit 2023-07-19 Denied Response WaivedIFP criminal-procedure due-process fourth-circuit harmless-error judicial-review plea-bargaining plea-colloquy rehaif-error remand standard-of-review trial-probability Whether Rehaif error occurred and the Fourth Circuit erred in failing to remand the case
23-5140 Ralph Castillo v. Richard Martinez, Warden, et al. New Mexico 2023-07-19 Denied IFP aggravating-circumstances criminal-rights due-process jury-determination jury-trial plea-agreement plea-bargaining sentencing-enhancement sentencing-procedure sixth-amendment Was it proper for the state to intentionally mislead the court
23-5121 Kyle Ross Rivers v. United States Fifth Circuit 2023-07-18 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining sentence-appeal sentencing waiver waiver-of-rights Whether a defendant can waive the right to appeal his sentence before the right has accrued
23-5102 Taiwo K. Onamuti v. United States Seventh Circuit 2023-07-14 Denied Response WaivedIFP 18-usc-1028a 18-usc-287 aggravated-identity-theft counsel-advice criminal-procedure guilty-plea ineffective-assistance-of-counsel plea-bargaining plenary-resentencing sentencing-enhancement statutory-interpretation Can an original guilty plea be completely knowing and voluntary?
23-5004 Gregory L. Randle v. United States Fifth Circuit 2023-06-30 Denied Response WaivedIFP appeal-waiver appellate-jurisdiction appellate-review criminal-procedure due-process fifth-circuit plea-agreement plea-bargaining procedural-waiver right-to-appeal waiver Whether the Fifth Circuit erred by dismissing Mr. Randle's appeal based on the waiver of appeal provisions in his Plea Agreement
22-7840 Cordelro Desean Shoulders v. United States Fifth Circuit 2023-06-22 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Shoulders' appeal based on the waiver of appeal provisions in his Plea Agreement
22-7822 Darwin Powell v. United States Fifth Circuit 2023-06-21 Denied Response WaivedIFP appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 sentencing standard-of-review withdrawal withdrawal-of-guilty-plea Whether the courts of appeals have improperly narrowed the 'fair and just reason' standard for evaluating a defendant's request to withdraw a guilty p…
22-7801 Immanuel Christian Price v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-06-16 Denied Response WaivedIFP 6th-amendment constitutional-claim counsel-performance due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mixed-representation plea-bargaining post-conviction-relief procedural-default standing Whether the defendant was entitled to effective assistance of counsel during the plea bargaining stage in a mixed form of representation
22-7797 Anurag Dass v. United States Fifth Circuit 2023-06-15 Denied Response WaivedIFP criminal-justice due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-bargaining right-to-counsel sixth-amendment Whether the 5th Circuit erred in affirming the district court's decision that allowed to convict Petitioner of money laundering based on transactions …
22-7652 Mark A. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-05-26 Denied Response WaivedRelisted (2)IFP constitutional-rights counsel-communication criminal-procedure deadline-extension effective-assistance-of-counsel ineffective-assistance missouri-v-frye plea-bargaining sixth-amendment Whether the Sixth Amendment duty to communicate a plea offer extends to communicating a plea offer deadline extension
22-7641 Carl Dean Wyatt, Jr. v. Steven Harpe, Director, Oklahoma Department of Corrections Tenth Circuit 2023-05-25 Denied IFP criminal-procedure discovery dna-testing due-process ineffective-assistance plea-bargaining post-conviction-relief prosecutorial-misconduct witness-testimony Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant
22-7628 Robert Earl Gorham v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-05-24 Denied Response WaivedIFP 28-usc-2254 circuit-split federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington Whether a state court adjudication of the prejudice prong of an ineffective assistance of counsel claim is 'contrary to' Strickland v. Washington
22-7623 Arquimedes Mendoza v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-05-23 Denied Response WaivedIFP constitutional-right criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-kentucky plea-bargaining reasonable-defendant reasonable-person Whether a defendant claiming ineffective assistance of counsel in the plea context must show that an objective 'reasonable person' or 'reasonable defe…
22-7605 Sealed Appellant v. United States Ninth Circuit 2023-05-22 Denied Response WaivedRelisted (2)IFP bad-faith cooperation cooperation-agreement criminal-procedure due-process government-misconduct guilty-plea plea-bargaining prosecutorial-discretion section-3553e sentencing sentencing-relief Did the government act in bad faith by denying 18-U.S.C.-3553(e) relief to Petitioner
22-7608 Phillip L. Horrell v. Illinois Illinois 2023-05-22 Denied Response WaivedIFP 14th-amendment ake-v-oklahoma constitutional-rights due-process mental-illness plea-bargaining plea-hearing sanity-examination supervisory-power Whether the plea of guilty but mentally ill violated due process
22-7599 Curtis Marcel Barnette v. United States Fourth Circuit 2023-05-19 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver Does it violate due process for a defendant to be required to waive his right to appeal in order to enter into an otherwise favorable plea agreement w…
22-7566 Byron Keith Howard v. United States Fourth Circuit 2023-05-16 Denied Response WaivedIFP automatic-right-to-withdraw criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-colloquy right-to-be-informed rule-11 voluntary-plea Must a defendant be informed at the Rule 11 plea colloquy of a factual basis to support the defendant's plea of guilty before the court can accept the…
22-7553 Ivory Joe Tisdale v. United States Fourth Circuit 2023-05-15 Denied Response WaivedIFP appellate-rights constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver Does it violate due process for a defendant to be required to waive his right to appeal in order to enter into an otherwise favorable plea agreement w…
22-7532 In Re Rex Gard 2023-05-11 Denied IFP criminal-justice cruel-and-unusual-punishment due-process equal-protection ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment Is Petitioner actually innocent and has a miscarriage of justice occurred?
22-7494 Floyd Ellis Wyche v. United States Eleventh Circuit 2023-05-09 Denied Response WaivedIFP appeal-waiver conviction conviction-appeal criminal-procedure due-process plea-bargaining plea-colloquy rule-11 sentencing Is the petitioner's conviction appeal waiver valid absent any indication in the plea colloquy that he understood and voluntarily agreed to the waiver?
22-7498 Joel Armando Rodriguez v. United States Fourth Circuit 2023-05-09 Denied Response WaivedIFP cooperating-defendants cooperating-witnesses criminal-procedure drug-weight fourth-circuit methamphetamine offense-level plea-bargaining relevant-conduct sentencing-guidelines Whether the district court improperly expanded Guideline § 1B1.3 by including as relevant drug weight uncorroborated statements of two cooperating def…
22-7500 Safara Echo Shortman v. United States Ninth Circuit 2023-05-09 Denied Response WaivedIFP continuing-offense controlled-substances-act criminal-charging distribution drug-distribution plain-error plea-bargaining possession-with-intent possession-with-intent-to-distribute statutory-interpretation Whether 21 U.S.C. § 841(a)(1) permits the government to charge a continuing offense of possession with intent to distribute a controlled substance bas…
22-1080 City of Stockton, California, et al. v. Francisco Duarte Ninth Circuit 2023-05-05 Denied Amici (2)Response Waived civil-procedure civil-rights civil-rights-claim criminal-procedure due-process heck-bar heck-v-humphrey nolo-contendere plea-bargaining plea-deal pretrial-diversion section-1983 Whether the 'Heck Bar' bars a 42 U.S.C. Section 1983 claim where the plaintiff pled nolo contendere as part of a plea deal
22-7418 Sammy Redi Araya v. United States Fourth Circuit 2023-05-01 Denied Response WaivedIFP burden-of-proof criminal-fraud government-failure judicial-discretion loss-amount loss-calculation plea-bargaining sentencing-courts sentencing-guidelines victim-losses Whether a sentencing court is required to verify actual or intended victim losses when applying a U.S. Sentencing Guidelines enhancement
22-1043 Joshua Louis Rupp v. United States Sixth Circuit 2023-04-27 Denied Response Waived circuit-split due-process government-inducement plea-bargaining plea-withdrawal sentencing-guidelines Whether the government's advocacy for higher sentencing guidelines at sentencing than estimated during plea negotiations renders the plea unknowing an…
22-7391 Joshua G. Stegemann v. United States Second Circuit 2023-04-27 Denied Response WaivedIFP asset-forfeiture constitutional-rights counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment Was the lawyer's advice objectively unreasonable under the Sixth Amendment's guarantee to effective assistance of counsel?
22-7378 Patrick Ellis Cochran v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2023-04-26 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure custody due-process ineffective-assistance plea-bargaining plea-negotiations sixth-amendment speedy-trial Was Petitioner's right to a speedy trial under the 6th Amendment denied?
22-7354 Rafael L. Beier v. United States Ninth Circuit 2023-04-24 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255-motion sentencing sentencing-guidelines Did the Ninth Circuit err in summarily denying a certificate of appealability that would allow an appeal from an order denying a motion to vacate, set…
22-7348 Joel Suarez v. Chris Brewer, Warden Eighth Circuit 2023-04-21 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining right-to-counsel sixth-amendment trial-counsel Whether the petitioner received ineffective assistance of counsel due to counsel's failure to obtain an interpreter, ineffective performance in the pl…
22-7310 Antonio Minnis v. United States Eighth Circuit 2023-04-18 Denied Response WaivedIFP constitutional-rights criminal-procedure enhanced-sentence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-prong sentencing-enhancement sixth-amendment strickland-standard strickland-v-washington Whether the court's prejudice prong in Strickland v. Washington is satisfied when an attorney admits to ineffective assistance and the defendant rejec…
22-7311 Randal Thomas Rosado v. Florida Florida 2023-04-17 Denied Response WaivedIFP constitutional-rights criminal-act double-jeopardy fifth-amendment fourteenth-amendment multiple-prosecutions multiple-punishments negotiated-plea plea-bargaining same-offense sixth-amendment Does a ten-count conviction under the same statute for a single act of filing one document violate the double jeopardy clause of the Fifth Amendment p…
22-1000 William Casiano v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-04-14 Denied Response Waived certificate-of-appealability contemporaneous-evidence ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining strickland-prejudice Whether the rule in Lee v. United States applies to cases involving the rejection of plea offers
22-7296 Nathan Karl Thomas v. United States Eighth Circuit 2023-04-14 Denied Response WaivedRelisted (2)IFP constitutional-challenge criminal-procedure criminal-sentencing double-jeopardy due-process legal-review plea-bargaining sentencing statutory-interpretation substantive-review supreme-court-petition Did the Sentencing Court give Petitioner a Substantively Reasonable Sentence?
22-7272 Christopher Ernest Martinez v. United States Fifth Circuit 2023-04-13 Denied Response WaivedIFP criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court Whether the district court's error in accepting the guilty plea under Federal Rules of Criminal Procedure 11(b)(8) is 'plain' where the record identif…
22-7277 Genard Alonzo Toney v. United States Eighth Circuit 2023-04-13 Denied Response WaivedIFP constitutional-rights criminal-conviction discovery due-process essential-element ineffective-assistance judicial-review plea-bargaining prosecutorial-misconduct sentencing-hearing trial-integrity Whether defendant received ineffective assistance of counsel
22-7265 Allen Franks v. Florida Florida 2023-04-12 Denied Response WaivedIFP 3.850-motion civil-procedure due-process government-fraud ineffective-counsel mental-capacity mental-disability plea-bargaining plea-process post-conviction-relief standing Whether petitioner was denied due process when trial court failed to allow the petitioner an opportunity to file a reply to state's response on petiti…
22-7244 Jose Ramon Cruz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-04-10 Denied IFP certificate-of-appealability federal-review habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment state-court-decision state-court-deference strickland strickland-standard Whether the 'could have supported' framework of Harrington v. Richter allows a federal court to 'invent' historical facts not relied upon by the state…
22-7225 Andrew Michael Gomez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-04-06 Denied Response WaivedIFP constitutional-inquiry criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining presumption-of-innocence trial-court whether-trial-court-required-to-inquire-into-factual-basis-of-guilty-plea
22-7167 Quentin Truley v. United States Eleventh Circuit 2023-03-31 Denied Response WaivedIFP civil-rights conspiracy constitutional-rights crime-of-violence criminal-procedure due-process hobbs-act ineffective-assistance plea-bargaining probable-cause sentencing Whether the appellant's conviction for conspiracy to commit Hobbs Act robbery does not constitute a crime of violence predicate under 18 U.S.C. § 924(…
22-7116 In Re Ramone L. Wright 2023-03-27 Denied Response WaivedIFP constitutional-rights criminal-procedure defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plea-agreement plea-bargaining rule-11 rule-52 Whether a violation of Rule 11 of the Federal Rules of Criminal Procedure constitutes a cognizable error as provided by Rule 52(b)
22-7076 Servando Pineda-Valdez v. United States Fifth Circuit 2023-03-23 Denied Response WaivedIFP acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari Whether Servando-Pineda's § 2255 motion sufficiently alleged constitutional claims violations due to counsel's ineffectiveness
22-7084 Christopher Daniel Lutker v. Michigan Michigan 2023-03-23 Denied IFP criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion Whether the trial court abused its discretion in denying the defendant's motion to withdraw his guilty plea
22-7041 Deandre Markee King v. United States Eleventh Circuit 2023-03-20 Denied Response WaivedIFP actual-innocence collateral-attack-waiver constitutional-rule criminal-law criminal-procedure habeas-corpus plea-bargaining retroactivity Whether actual innocence requires a court to bypass a collateral-attack waiver
22-887 Rogelio Albino Diaz-Tomas v. North Carolina North Carolina 2023-03-15 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) criminal-procedure defendant-rights due-process indefinite-postponement north-carolina plea-bargaining prosecution-postponement speedy-trial Whether the indefinite postponement of prosecutions in North Carolina, for the purpose of coercing guilty pleas, violates the Speedy Trial Clause or t…
22-6992 Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2023-03-10 Denied IFP criminal-procedure due-process felony-classification involuntary-plea parole parole-revocation plea-agreement plea-bargaining prison-sentence rehabilitation sentencing street-time Whether it is legal to start a prison sentence, then stop it and then restart it by adding more time, is it legal to revoke street time on parole when…
22-6978 Dechaun Toliver v. Jay Forshey, Warden Sixth Circuit 2023-03-09 Denied Response WaivedIFP criminal-conviction due-process enterprise ineffective-assistance ineffective-counsel plea-bargaining plea-colloquy plea-negotiation rico rico-laws Can a RICO conviction stand without an 'Enterprise' or corrupt acts meeting a monetary threshold?
22-850 Jacqueline Graham v. United States Second Circuit 2023-03-08 Denied Response Waived effective-assistance-of-counsel party-presentation-rule plea-bargaining sixth-amendment united-states-v-sineneng-smith waiver Whether a defendant waives her Sixth Amendment claim by not asking the trial court to reinstate a plea offer that expired before her counsel conveyed …
22-6916 Carlos Mejia-Quintanilla v. United States Ninth Circuit 2023-03-06 Denied Response WaivedIFP appellate-review appellate-waiver constitutional-challenge constitutional-law criminal-conviction criminal-procedure due-process jurisdiction jurisdictional-claim plea-agreement plea-bargaining summary-enforcement whether courts can summarily enforce an appellate waiver to bar motions to vacate unconstitutional convictions
22-6929 Forrest Thomas III v. Brandon M. Smith, Warden Fifth Circuit 2023-03-03 Denied IFP civil-rights constitutional-law criminal-procedure due-process equal-protection habeas-corpus plea-bargaining sentencing sentencing-disparity sex-offender-registration Whether the sex offender classification policies as applied to Petitioner, convicted of a non-sexual offense, violate substantive due process
22-812 Isaac D. Koch v. Nebraska Nebraska 2023-02-28 Denied civil-rights constitutional-rights criminal-procedure due-process free-speech plea-bargaining plea-withdrawal protection-order standing statutory-interpretation What is the government's interpretation of an order against all contact and communication and presence?
22-6845 Jesus Lopez v. United States Seventh Circuit 2023-02-23 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment judicial-interpretation legal-procedure plea-bargaining rule-11 seventh-circuit Whether the Seventh Circuit's stringent application of Rule 11(d)(2)(B) violates due process?
22-6838 Demetri D. Beachem, aka Demetrius D. Beachem v. United States Seventh Circuit 2023-02-22 Denied Response WaivedRelisted (9)IFP appeal-waiver criminal-procedure criminal-sentencing due-process ineffective-assistance-of-counsel involuntary-plea miscarriage-of-justice plea-agreement plea-bargaining sentencing-guidelines Whether a court can consider dismissed or uncharged conduct in sentencing
22-6843 Edgar Barrera v. United States Ninth Circuit 2023-02-22 Denied Response WaivedIFP criminal-procedure due-process federal-jurisdiction mandatory-minimum mens-rea non-elemental-facts plea-bargaining preponderance-standard sentencing sentencing-enhancement statutory-interpretation Whether the Constitution permits a sentencing judge to find non-elemental facts by a preponderance of the evidence and then rely on those facts to imp…
22-6751 Ernest Kyle Dyer v. United States Third Circuit 2023-02-10 Denied IFP appeal appellate-review conditional-guilty-plea federal-criminal-procedure federal-rule-of-criminal-procedure-11(a)(2) harmless-error motion-to-suppress plea-bargaining prevail When a defendant enters a conditional guilty plea, reserving the right to appeal an adverse decision on a motion to suppress, what harmless-error stan…
22-6759 In Re Charles Jordan 2023-02-10 Denied IFP brady-material civil-rights constitutional-errors counsel-silence default-rule due-process habeas-corpus plea-bargaining prosecutorial-misconduct standing state-officials How can a petitioner raise Fundamental claims to a higher state court when he lost appeal of right on certain claims due to officials' mishandling of …
22-6694 Abdiraham Haji-Hassan v. Maine Maine 2023-02-02 Denied Response WaivedIFP alternative-suspect-theory due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining postconviction postconviction-review presumption professional-assistance reasonable-professional-assistance strickland-standard Whether the state postconviction court misapplied Strickland-v-Washington
22-6616 Brian Cota v. United States Ninth Circuit 2023-01-24 Denied Response WaivedIFP appellate-review criminal-law criminal-sentencing due-process notice plea-bargaining plea-negotiation sentencing sentencing-guidelines supervised-release Whether the court of appeals erred by concluding that Mr. Cota can be subject to a life time of supervised release, and thereby a lifetime of revocati…
22-6592 James Stacey Harber v. United States Fifth Circuit 2023-01-23 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance plea-bargaining section-2255 sentencing Was Mr. Harber denied the effective-assistance-of-counsel,due-process,criminal-procedure,habeas-corpus,certificate-of-appealability,sentencing
22-6572 Christian Dior Womack v. United States Third Circuit 2023-01-19 Denied Response WaivedIFP appellate-review criminal-offenses due-process fraud-on-the-court government-misrepresentation habeas-corpus judicial-error mandate-recall miscarriage-of-justice plea-bargaining sentencing Does an appellate court's failure to recall its mandate to amend its opinion — that is predicated on the government's legal argument of inaccurate con…
22-6556 Lawrence Anderson Fonseca, fka Lawrence Anderson Fonseca-Garcia v. United States First Circuit 2023-01-18 Denied Response WaivedIFP criminal-procedure foreign-national guilty-plea innocence new-evidence plea-bargaining plea-withdrawal post-conviction-relief subject-matter-jurisdiction Whether Fonseca should be allowed to withdraw his guilty plea in light of new evidence supporting his claim of innocence
22-6527 William Langley, Jr. v. United States Fourth Circuit 2023-01-11 Denied Response WaivedIFP 924(c) constitutional-challenge conviction-reversal criminal-procedure due-process factual-innocence firearm-statute guilty-plea plea-bargaining sentencing statutory-interpretation Should the court find petitioner's conviction for '924(c) et al. unconstitutional
22-6431 Philip Johnson v. Illinois Illinois 2022-12-30 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights eighth-amendment guilty-plea juvenile-justice juvenile-sentencing miller-factors miller-v-alabama plea-bargaining proportionate-penalties sentencing sentencing-discretion Whether a pre-Miller guilty plea bars a post-Miller sentencing challenge under the Eighth Amendment
22-6402 Jesse Johnson, III v. California California 2022-12-28 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice prejudice-prong prima-facie-showing strickland-standard strickland-v-washington Whether a defendant's uncontradicted sworn statement that he would have accepted a plea offer but for his counsel's deficient performance is sufficien…
22-6403 Marco D. Martin v. Fredeane Artis, Acting Warden Sixth Circuit 2022-12-28 Denied Response WaivedIFP due-process effective-assistance-of-counsel electronic-monitoring ex-post-facto lifetime-electronic-monitoring plea-bargaining plea-offer sixth-amendment whether-petitioner-was-denied-constitutional-rights
22-6303 Steven Riad Jalloul v. United States Fifth Circuit 2022-12-14 Denied Response WaivedIFP criminal-procedure criminal-sentencing due-process fifth-circuit judicial-discretion plea-agreement plea-bargaining restitution sentencing statutory-interpretation Whether the language in a defendant's plea agreement requiring the defendant to pay 'whatever restitution is ordered' is sufficiently specific to cons…
22-6289 Kevin Singleton v. United States Fifth Circuit 2022-12-13 Denied Response WaivedIFP appeal appeal-waiver constitutional-rights criminal-procedure fifth-circuit judicial-review plea-agreement plea-bargaining procedural-history waiver Whether the Fifth Circuit erred by dismissing Mr. Singleton's appeal based on the waiver of appeal provisions in his Plea Agreements
22-537 Ramy Eid Zaki Hakim v. United States Ninth Circuit 2022-12-12 Denied Response Waived due-process evidentiary-hearing government-inducement government-promise guilty-plea immigration-status judicial-review plea-bargaining plea-withdrawal When can a defendant withdraw a guilty plea induced by the government's promise to assist with immigration status?
22-6253 Michael J. Moller, aka Michael Robinson v. United States First Circuit 2022-12-07 Denied Response WaivedIFP appellate-waiver certiorari criminal-procedure district-court due-process paycheck-protection-program plea-bargaining sentencing sophisticated-means-enhancement standard-of-review Should certiorari be granted to address the enforceability of an appellate waiver where the District Court's entire inquiry consisted of a single ques…
22-6157 Carlton McKissic v. Shawn Emmons, Warden Eleventh Circuit 2022-11-28 Denied IFP appellate-jurisdiction constitutional-interpretation criminal-procedure due-process equal-protection judicial-procedure legal-interpretation plea-bargaining right-to-counsel sentencing state-court-review Questions Presented
22-6108 Jose Luis Ramirez, Jr., aka Zachary Matthew Johnson v. United States Fourth Circuit 2022-11-18 Denied Response WaivedIFP appeal-waiver criminal-conviction criminal-procedure fourth-circuit ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of his conviction of securit…
22-5970 David Antoine Luster v. R. M. Wolfe, Warden Fourth Circuit 2022-11-02 Denied Response WaivedIFP 18-usc-2113(d) 924(c)(3)(a) armed-bank-robbery borden-v-united-states categorical-approach criminal-procedure mens-rea plea-bargaining sentencing statutory-interpretation Whether the Armed Bank Robbery charged as a predicate to Mr. Luster's §924(c)(1)(A)(i) and (ii) convictions includes a mens rea of recklessness or ins…
22-5920 Jesse Brewer v. United States Third Circuit 2022-10-26 Denied Response WaivedIFP civil-liberties civil-rights constitutional-rights due-process immigration judicial-review legal-procedure plea-bargaining sentencing sixth-amendment statutory-interpretation Whether Wheeler Volchones' Sixth Amendment right to counsel was violated by Counsel's failure to advise him of the immigration consequences of his ple…
22-5890 Ronald William Brooks v. United States Fifth Circuit 2022-10-24 Denied Response WaivedIFP appellate-waiver constitutional-challenge constitutional-law criminal-procedure due-process habeas-corpus miscarriage-of-justice plea-agreement plea-bargaining post-conviction-relief section-2255 Whether a boilerplate waiver of appellate and post-conviction rights bars a claim under 28 U.S.C. § 2255 that the defendant stands convicted of a non-…
22-5882 Allen Calligan v. Frank Vanihel, Warden Seventh Circuit 2022-10-21 Denied Response WaivedIFP criminal-procedure habitual-offender ineffective-assistance ineffective-assistance-of-counsel informal-plea-offer plea-bargaining prejudice sentencing sixth-amendment Was Mr. Calligan's attorney ineffective for failing to inform him of the informal plea offer from the prosecutor, which prejudiced Mr. Calligan by cau…
22-5835 Norman Alan Kerr v. Christopher Gomez, Warden Sixth Circuit 2022-10-13 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights due-process involuntary-confession plea-bargaining sentencing Whether the elements of a plea bargain should be held controlling despite an involuntary claim of innocence
22-5813 Katherine Elizabeth Langhorst v. Texas Texas 2022-10-12 Denied IFP 4th-amendment constitutional-violation due-process evidence-suppression exclusionary-rule fruit-of-the-poisonous-tree illegal-search ineffective-assistance-of-counsel ineffective-counsel plea-bargaining search-and-seizure trial-procedure Was the evidence seized in this cause/case 'Fruits of The Poisonous Tree'?
22-5746 Chrystal Clues-Alexander v. Louisiana Louisiana 2022-10-04 Denied Response WaivedIFP constitutional-waiver criminal-procedure due-process guilty-plea jury-unanimity plea-bargaining plea-withdrawal ramos-retroactivity retroactivity right-to-jury-trial unanimous-jury Whether this Court's decision in Ramos v. Louisiana, 590 U.S. __ (2020), provides grounds for a defendant to withdraw her pre-Ramos plea of guilty bef…
22-5743 Timothy Love v. California California 2022-10-03 Denied IFP constitutional-rights criminal-procedure plea-bargaining sentencing statutory-interpretation violent-crimes Whether the prosecution's driven to plead crimes of violence against multiple people a legal basis to stay pre-sentence for shooting at an occupied ve…
22-5711 Joshua Austin Kramer, aka Benjamin Franklin v. United States Fourth Circuit 2022-09-29 Denied Response WaivedIFP criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-resources legal-innocence plea-bargaining plea-withdrawal prejudice withdrawal-of-plea Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea
22-5662 Sergio Trevino v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-09-22 Denied IFP constitutional-rights counsel-deficiency criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-inquiry prejudice-standard probation-misadvice reasonable-probability reject-plea-offer waive-right-to-trial Whether the possibility of a conviction should affect the prejudice inquiry in an ineffective assistance of counsel claim alleging probation misadvice
22-5643 Derek Lee Casey, Jr. v. Texas Texas 2022-09-21 Denied IFP conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining sentencing trial-counsel Whether the trial court and the court of criminal appeals erred by neglecting to address the amended ground in the findings of facts and conclusions o…
22-5613 Kennrith L. Foster v. Illinois Illinois 2022-09-20 Denied IFP constitutional-rights due-process judicial-procedure jury-trial legal-interpretation notice plea-bargaining prisoner-rights state-court waiver Did the trial court violate the petitioner's constitutional rights to a jury trial when it accepted a plea without providing adequate notice of the na…
22-5624 Tiffany Leigh Marion v. North Carolina North Carolina 2022-09-20 Denied Response WaivedIFP batson-challenge Batson-v-Kentucky criminal-procedure equal-protection plea-bargaining prosecutorial-discretion racial-discrimination Whether Batson v. Kentucky and its progeny apply to equal-protection claims challenging a prosecutor's decision on plea-offers based on race
22-5627 Justin Tyrone Young v. Texas Texas 2022-09-20 Denied IFP due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion plea-bargaining sentencing-guidelines statutory-maximum supreme-court-precedent Can a lawyer have his client plead guilty to 20 years on a statutory maximum of 15 years?
22-5563 Noel Brown v. Pennsylvania, et al. Pennsylvania 2022-09-12 Denied Relisted (2)IFP collateral-review criminal-procedure due-process fourteenth-amendment habeas-corpus plea-bargaining retroactivity right-to-counsel sixth-amendment Right to counsel
22-5513 Jerome Jenkins, Jr. v. South Carolina South Carolina 2022-09-06 Denied IFP capital-punishment capital-sentencing due-process hearsay-rules hurst-v-florida judicial-bias jury-sentencing jury-waiver mitigating-evidence plea-bargaining state-statute Could a South Carolina trial judge who had told Petitioner he would sentence him to death if he pled guilty still rule, consistent with Hurst v. Flori…
22-5496 Vance L. White v. Texas Texas 2022-09-01 Denied IFP court-modification criminal-procedure grand-jury indictment-elements ineffective-assistance-of-counsel judicial-discretion plea-bargaining plea-colloquy sentencing statutory-maximum Can the Judge modify the essential elements of the indictment?
22-186 Troy Mansfield v. Williamson County, Texas Fifth Circuit 2022-08-30 Denied Amici (6) brady-violation brady-vs-maryland circuit-split criminal-justice due-process exculpatory-evidence plea-bargaining prosecutorial-misconduct Whether the due process right recognized in Brady requires the disclosure of exculpatory evidence (or at the very least, evidence of factual innocence…
22-5364 Quartavious Davis v. United States Eleventh Circuit 2022-08-16 Denied Response RequestedResponse WaivedRelisted (5)IFP constitutional-rights criminal-defense due-process ineffective-assistance-of-counsel plea-bargaining plea-negotiations prosecutorial-discretion right-to-counsel Sixth-Amendment Strickland-v-Washington Ineffective-assistance-of-counsel
22-5288 Kendale Welborn v. United States Sixth Circuit 2022-08-05 Denied Response WaivedIFP alleyne-decision alleyne-v-united-states apprendi-rule apprendi-v-new-jersey criminal-sentencing drug-offenses methamphetamine-actual methamphetamine-mixture plea-bargaining sentencing-guidelines sixth-amendment Whether the use of Methamphetamine Actual to determine the Guideline Offense Level and potential sentence, when the Defendant was charged with and ple…
22-5251 Levonne Jomarrio Greer v. Kristopher Taskila, Warden Sixth Circuit 2022-08-02 Denied Response WaivedIFP certificate-of-appealability due-process habeas habeas-corpus ineffective-assistance-of-counsel judicial-review law-enforcement plea-bargaining sham-plea-bargaining sham-tactics Did the district court and appeals court erroneously deny a certificate of appealability?
22-5158 Bernard J. Battle v. United States District of Columbia 2022-07-22 Denied Response WaivedIFP civil-rights criminal-conviction criminal-procedure due-process ineffective-assistance legal-nullity plea-bargaining procedural-default sentencing state-law statutory-interpretation Whether a guilty plea obtained in direct contravention of the express provisions of an applicable statute renders the sentence illegal, and consequent…
22-5103 Chico Jermell Carraway v. United States Third Circuit 2022-07-13 Denied Response WaivedIFP 2255-motion 28-usc-2255 evidentiary-hearing ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 rule-11-procedure sentencing sentencing-hearing Whether a defendant is entitled to an evidentiary hearing under 28 U.S.C. § 2255(b) to prove prejudice from an unkept promise of counsel concerning se…
22-5047 Jermaine Blackwell v. Jeff Nines, Warden, et al. Fourth Circuit 2022-07-07 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance plea-bargain plea-bargaining right-to-counsel sentencing trial-counsel trial-strategy Ineffective-assistance-of-counsel
22-5018 Michael Allen Long v. United States Fifth Circuit 2022-07-01 Denied Response WaivedIFP appeal appeal-waiver appellate-review criminal-procedure fifth-circuit jurisdiction plea-agreement plea-bargaining procedural-error standard-of-review waiver Whether the Fifth Circuit erred by finding that Mr. Long's appeal should be dismissed based on the waiver of appeal provision in his Plea Agreement
21-8267 Dave Lawrence v. United States Citizenship and Immigration Services, et al. Third Circuit 2022-06-29 Denied Response WaivedIFP equitable-tolling habeas-corpus immigration-consequences ineffective-assistance-of-counsel plea-bargaining post-conviction-relief retroactive-constitutional-right retroactivity time-limitation Whether the Padilla decision has retroactive effect
21-8274 Melvin Martinez v. United States Eleventh Circuit 2022-06-29 Denied Response WaivedIFP covid-19 criminal-procedure due-process ineffective-assistance-of-counsel plain-error plain-error-review plea-bargaining plea-hearing virtual-proceedings Whether the 'reasonable probability of prejudice' showing required for plain error review of plea hearing defects was met where the petitioner informe…
21-8188 Joe Davis, Jr. v. Florida Florida 2022-06-21 Denied IFP client-advice constitutional-rights criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client whether acceptance or rejection of a pl…
21-8173 Vincent Raymond Rios v. United States Ninth Circuit 2022-06-17 Denied Response WaivedIFP constitutional-rights criminal-procedure drug-crimes due-process guilty-plea ineffective-assistance ineffective-counsel language-barrier language-rights plea-bargaining Should the Ninth Circuit have vacated Mr. Rios's guilty plea for lack of a knowing and voluntary waiver of his constitutional rights
21-8131 Daniel A. Rodriguez v. United States Eleventh Circuit 2022-06-14 Denied Response WaivedIFP criminal-procedure due-process newly-discovered-evidence plea-bargaining post-conviction-relief statutory-interpretation Does a Silonk Plea Foraclose a ddfondant From flint a Mlohion For Newly Discovered Evitelone@.
21-8125 Carlos Montano v. United States Ninth Circuit 2022-06-13 Denied Response WaivedRelisted (2)IFP boykin-standard change-of-plea-hearing constitutional-rights criminal-procedure due-process felony-conviction ninth-circuit plea-bargaining plea-hearing substance-abuse did-the-ninth-circuit-overlook-boykin-and-its-progeny
21-8086 Jeremiah F. Wooden v. Massachusetts Massachusetts 2022-06-08 Denied Response WaivedIFP criminal-procedure criminal-record guilty-plea ineffective-assistance informed-consent meritorious-defenses plea-bargaining plea-counsel right-to-counsel sixth-amendment Whether plea counsel has a duty to advise of the impact of a conviction on his client's criminal record before a guilty plea
21-7987 Keith Rose v. United States Ninth Circuit 2022-05-27 Denied Response WaivedIFP civil-rights collateral-review criminal-conviction criminal-procedure due-process habeas-corpus judicial-review plea-agreement plea-bargaining standing Whether the right recognized in Class v. United States extends to collateral review
21-7996 George Edward Purdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-05-27 Denied IFP 5th-amendment blockburger-rule criminal-procedure double-jeopardy fifth-amendment jurisdiction plea-bargaining prosecutorial-discretion venue Where identical charges are filed for the same alleged victim in multiple counties, is it a violation of the 5th Amendment double-jeopardy rule based …
21-7906 Ruben Sanchez v. Illinois Illinois 2022-05-18 Denied IFP adequate-representation due-process judicial-consideration legal-representation plea-bargaining plea-withdrawal pro-se public-defender withdrawal Does a Pro Se plaintiff have a due process right to the adequate performance of counsel when represented by a public defender for the purpose of withd…
21-7866 Carlos Alberto Zamudio v. United States Fifth Circuit 2022-05-13 Denied Response WaivedIFP appellate-jurisdiction appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standard-of-review withdrawal withdrawal-of-guilty-plea Whether the courts of appeals have improperly narrowed the 'fair and just reason' standard for evaluating a defendant's request to withdraw a guilty p…
21-7838 Leonardo Divinci Larck v. United States Eleventh Circuit 2022-05-11 Denied Response WaivedIFP communication-failure constitutional-rights criminal-procedure effective-assistance-of-counsel ineffective-assistance-of-counsel lapsed-plea-offer plea-bargaining plea-offer sixth-amendment Does the Sixth Amendment right to effective assistance of counsel require counsel to communicate a client's inquiry/response to a formal plea offer?
21-7840 Hazhar A. Sayed v. Colorado Colorado 2022-05-11 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea immigration ineffective-assistance ineffective-assistance-of-counsel people-v-chavez-torres plea-bargaining plea-counsel Whether Mr. Sayed's plea was entered knowingly, intelligently, and voluntarily
21-7821 Mandrail Jamar Woodberry v. United States Fourth Circuit 2022-05-10 Denied Response WaivedIFP constitutional-rights criminal-law digital-privacy due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel plea-bargaining probable-cause sentencing unreasonable-search warrantless-search whether-possession-of-a-firearm-beyond-the-five-year-post-release-period-is-a-crime
21-7824 Jerome Scott King v. United States Eighth Circuit 2022-05-10 Denied Response WaivedIFP appeal-waiver appellate-review criminal-procedure defendant-rights due-process plea-agreement plea-bargaining sentencing voluntary-waiver Whether a provision in a plea agreement that bars a defendant from appealing a sentence of imprisonment violates due process and whether it can be kno…
21-7798 Francisco Manuel Padilla v. California California 2022-05-06 Denied IFP constitutional-rights counsel-appointment criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargaining plea-withdrawal right-to-counsel standard-of-review Did the trial court abuse its discretion and violate the appellant's constitutional rights by denying his motion to withdraw his pleas?
21-7758 Donald W. Estell v. United States Eighth Circuit 2022-05-02 Denied Response WaivedIFP due-process false-testimony guilty-plea napue-rule napue-v-illinois narcotics-influence plea-bargaining right-to-testify sentencing witness-testimony Should this court apply the Napue due process for a defendant who pleads guilty?
21-7723 Freddie Galan v. United States Fifth Circuit 2022-04-27 Denied Response WaivedIFP criminal-procedure due-process fifth-circuit guilty-plea ineffective-assistance judicial-review plea-bargaining rule-11 supreme-court-review Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea w…
21-7729 William Gerard Wallace v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-04-27 Denied IFP civil-action civil-procedure criminal-charge criminal-procedure due-process florida-state-law judicial-error jurisdiction plea-bargaining standing trial-court Is the Florida State trial court at error when allowing the petitioner to plea out to a non-existing criminal charge that constitutes civil action?
21-7706 Irving Ernesto Arias v. United States Fifth Circuit 2022-04-26 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process fifth-circuit guilty-plea motion-to-withdraw plea-bargaining sentencing Did the district court err in denying the defendant's motion to withdraw his guilty plea?
21-7707 Jerome Lamar Pitts v. United States Eleventh Circuit 2022-04-26 Denied Response WaivedIFP appeal-waiver constitutional-law constitutional-violation criminal-procedure due-process legal-remedy plea-agreement plea-bargaining sentencing-guidelines Whether a miscalculated Sentencing Guideline violates Due Process enough to count as a 'sentence in violation of the Constitution or laws of the Unite…
21-7668 Russell Haley v. Mississippi Mississippi 2022-04-21 Denied Response WaivedIFP constitutional-rights conviction-challenge counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment Whether a defendant who pleads guilty has the right to make a Sixth Amendment claim of ineffective assistance of counsel due to counsel's deficient pe…
21-7676 Robert Christopher Jones v. Illinois Illinois 2022-04-21 Denied Response WaivedIFP criminal-justice eighth-amendment juvenile-justice mandatory-sentencing miller-factors miller-v-alabama plea-agreement plea-bargaining sentencing sentencing-challenge Whether a pre-Miller guilty plea bars a post-Miller sentencing challenge under the Eighth Amendment
21-7606 Michael La Donte Scott v. Robert W. Fox, Warden Ninth Circuit 2022-04-13 Denied Response WaivedIFP constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment strickland-v-washington time-barred-charges Whether petitioners were denied effective assistance of counsel under Strickland v. Washington (1984) when their counsel provided incompetent advice t…
21-7611 John Charles Eichinger v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-04-13 Denied IFP capital-trial certificate-of-appealability due-process homicide ineffective-assistance-of-counsel plea-bargaining remorse remorse-mitigation right-to-counsel sixth-amendment Did the Third Circuit violate the rule of Hill v. Lockhart and wrongly deny a certificate of appealability on Petitioner's claim that counsel induced …
21-7594 Orin Kristich v. United States Tenth Circuit 2022-04-12 Denied Response WaivedIFP appeal-counsel attorney-misconduct court-discretion de-novo-review due-process judicial-misconduct judicial-procedure plea-bargaining plea-waiver sentencing-guidelines supervised-release Whether appeal counsel can dismiss appeal without client consent
21-7575 Keith Morris v. United States Fourth Circuit 2022-04-08 Denied Response WaivedIFP appellate-waiver criminal-procedure due-process knowing-waiver plea-agreement plea-bargaining right-to-appeal sentencing waiver Whether a provision in a plea agreement which bars a defendant from appealing 'any sentence of imprisonment' can be knowingly entered into well before…
21-1305 Melchor Munoz v. United States Eleventh Circuit 2022-03-29 Denied Response Waived 28-usc-2255 citizenship-revocation criminal-conviction due-diligence government-notice plea-bargaining plea-proceeding section-2255 statute-of-limitations statutory-interpretation Whether the 28 U.S.C. § 2255 'date on which the facts supporting the claim presented could have been discovered through the exercise of due diligence'…
21-7440 Norman Alan Kerr v. Christopher Gomez, Warden Sixth Circuit 2022-03-23 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-procedure document-suppression due-process evidence-rules government-misconduct judicial-discretion plea-bargaining sentencing trial-procedure Whether the stipulation waives all the elements of the offense, and whether the court can legally hold such a stipulation as valid
21-1275 Abetubokun Adesioye v. United States Fourth Circuit 2022-03-22 Denied Response Waived appeal appeal-waiver court-of-appeals criminal-appeal criminal-procedure due-process plea-bargaining right-to-appeal rule-11-colloquy sentencing sentencing-guidelines waiver Did the Court of Appeals err in finding that the petitioner knowingly and intelligently waived his right of appeal
21-7351 Miguel Angel Cruz-Polanco, aka Luis Hernandez v. United States Fourth Circuit 2022-03-11 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure federal-sentencing plain-error plea-bargaining sentencing-guidelines Whether the Federal Sentencing Guidelines Mandate a Plea of Guilty and Guarantee a Point Reduction on Acceptance of Responsibility
21-7334 Gregory Todd Numann v. United States Ninth Circuit 2022-03-10 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability child-pornography criminal-procedure evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel password-protected-device plea-bargaining Whether the Court of Appeals for the Ninth Circuit erred in denying Mr. Numann's motion for certificate of appealability
21-7183 Ruth Diaz-Burgos v. United States Eleventh Circuit 2022-02-23 Denied Response WaivedIFP criminal-procedure district-court federal-rules-of-criminal-procedure fifth-amendment interrogation plea-bargaining plea-colloquy self-incrimination Whether Rule 11(b) requires advice of Fifth Amendment rights before plea colloquy interrogation
21-7169 Latwon James v. United States Fourth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a plea-agreement-waiver
21-7154 John Walters v. Michael Martin, Warden Fourth Circuit 2022-02-18 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer prejudice-analysis right-to-counsel strickland-standard strickland-v-washington Under the prejudice analysis in Missouri v. Frye and Strickland v. Washington, does the acceptance of a later, less favorable plea show prejudice even…
21-1099 Thomas Clayton Steres v. Kevin Curran, Warden, et al. Ninth Circuit 2022-02-08 Denied Response Waived cell-phone-search certificate-of-appealability constitutional-rights criminal-procedure fourth-amendment habeas-corpus ineffective-assistance plea-bargaining right-to-counsel sixth-amendment Whether Thomas Steres received ineffective assistance of counsel
21-7074 Benny Dennis v. United States Fifth Circuit 2022-02-08 Denied Response WaivedIFP certificate-of-appealability civil-procedure due-process fifth-circuit guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining standing supreme-court-precedent Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a certificate of appe…
21-7059 Timothy George Muller v. Michigan Michigan 2022-02-04 Denied IFP criminal-procedure double-jeopardy due-process evidence ineffective-assistance-of-counsel jurisdiction plea-bargaining substance venue Whether the trial court erred in denying Mr. Muller's motion to withdraw his plea and vacate his conviction for delivery of a controlled substance cau…
21-7063 Salahudin Shaheed v. United States Third Circuit 2022-02-04 Denied Response WaivedIFP civil-rights criminal-procedure drug-introduction due-process exculpatory-defense legal-standard plea-bargaining sentencing sexual-misconduct standing Whether the lower courts have properly used their 'physical force' when declaring certain conduct, such as 'drug introduction' and 'illicit sex acts' …
21-7009 Cristian M. Loga-Negru v. Wisconsin Wisconsin 2022-01-31 Denied Response WaivedRelisted (2)IFP brady-violation constitutional-rights criminal-procedure deportation due-process exculpatory-evidence plea-bargaining prosecutorial-misconduct vindictiveness Whether a defendant who demonstrates that a prosecutor willfully injected into a plea colloquy a more serious and concealed criminal charge based on t…
21-7012 Jessica Ewing v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-01-31 Denied IFP burden-of-proof counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel innocence judicial-discretion plea-agreement plea-bargaining post-conviction Whether the previous court erred in denying Ms. Ewing's motion based on its own merits determination of her ineffective assistance of counsel claim
21-6967 Lemonta Markuis Maddox v. California California 2022-01-26 Denied IFP civil-rights coerced-confessions constitutional-rights criminal-procedure due-process federal-law interrogation involuntary-statements plea-bargaining state-law Whether the use of coerced statements obtained through false promises of leniency violates federal and state constitutional rights to due process
21-6954 Robert Jurado v. Ronald Davis, Warden Ninth Circuit 2022-01-25 Denied IFP 14th-amendment 8th-amendment capital-punishment confession-evidence constitutional-amendments double-jeopardy mitigating-evidence ninth-circuit-review penalty-phase plea-bargaining skipper-standard Did the Ninth Circuit err in concluding that the California Supreme Court did not unreasonably apply federal law or unreasonably determine facts
21-6955 Erica Umbay v. United States Ninth Circuit 2022-01-25 Denied Response WaivedIFP appeal-rights criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interstate-commerce plea-bargaining plea-withdrawal sentencing-guidelines Whether a Criminal Defendant Can Withdraw a Plea Under Federal Rule of Criminal Procedure 11(b)(8) if the Plea Lacked an Adequate Factual Basis?
21-1016 Andrew Huy Chrostowski v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2022-01-19 Denied Response Waived constitutional-rights criminal-defense cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health plea-bargaining psychiatric-examination right-to-present-defense Did trial counsel's failure to make a constitutionally adequate inquiry into viable defenses deprive the petitioner of his right to present 'full and …
21-6859 Jaquirro T. Scott v. United States Fifth Circuit 2022-01-14 Denied Response WaivedIFP circuit-court civil-rights constitutional-error criminal-procedure due-process federal-jurisdiction judicial-review plea-bargaining procedural-standard standing Whether a guilty plea without establishing a case against the United States is a structural error
21-6817 Rufus B. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-01-12 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment stand-your-ground victim-deposition Whether the court of appeals improperly denied the Petitioner a certificate of appealability
21-6730 Mehmet Fatih Biyikoglu v. United States Ninth Circuit 2021-12-23 Denied Response WaivedIFP appellate-waiver breach-of-contract criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing Whether petitioner's appellate waiver was enforceable after the district court found him in breach of his plea agreement
21-6685 Christopher Dominguez v. United States Tenth Circuit 2021-12-21 Denied IFP criminal-procedure due-process ineffective-assistance-of-counsel informed-consent mandatory-minimum plea-agreement plea-bargaining prosecutorial-misconduct right-to-trial sentencing sentencing-guidelines Whether Mr. Dominguez's decision to plead guilty was knowingly and intelligently made when he was grossly misinformed about the risks attendant to goi…
21-6693 Joey Rogers v. Louisiana Louisiana 2021-12-21 Denied Response RequestedResponse WaivedRelisted (8)IFP constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competence plea-bargaining plea-coercion sentencing sixth-amendment Were the Due Process rights of Joey Rogers ignored?
21-6644 Ashot Minasyan v. United States Ninth Circuit 2021-12-16 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea Whether Minasyan's waiver of appeal is unenforceable
21-6645 Robert Brandon Bilus v. United States Eleventh Circuit 2021-12-16 Denied Response WaivedIFP circuit-court constitutional-interpretation criminal-procedure due-process judicial-precedent jurisdiction plea-bargaining precedent sixth-amendment Whether the Eleventh Circuit entered a decision that misapplies the precedent of this Court and as a result, violates the Sixth Amendment to the Unite…
21-6597 Jason Whren v. United States District of Columbia 2021-12-14 Denied Response WaivedRelisted (2)IFP d-c-code-23-110 exceptional-circumstances hill-v-lockhart ineffective-assistance-of-counsel plea-bargaining strickland-v-washington Whether the Court of Appeals failed to apply the applicable standards
21-6602 Brandon Christian v. Scott Crow, Director, Oklahoma Department of Corrections Tenth Circuit 2021-12-14 Denied IFP criminal-procedure due-process factual-basis habeas-corpus plea-bargaining plea-validity sentencing statutory-interpretation Whether the plea was not entered knowingly and voluntarily because the trial court failed to ensure a sufficient factual basis and advise the petition…
21-6606 Akil Tymes v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-14 Denied IFP counsel-communication criminal-procedure duty-to-communicate favorable-plea-offer ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining sixth-amendment strickland-standard strickland-v-washington Does counsel perform deficiently in failing to fully inform a defendant during the plea bargaining process?
21-6346 Jason W. Reed v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-11-22 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sexual-predator sexual-predator-designation strickland-standard strickland-v-washington Whether counsel's admitted misadvice regarding Petitioner's designation as a sexual predator and the resulting lifetime supervision amounted to gross …
21-6369 Jeremy Denson v. Texas Texas 2021-11-22 Denied Response WaivedIFP boykin-standard boykin-v-alabama constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion judicial-oversight plea-bargaining plea-canvass record-development Did the judge err in accepting the defendant's guilty plea without asking him about the contradictory statements?
21-6361 Marcus Crawley, aka Holyfield v. United States Fourth Circuit 2021-11-19 Denied Response WaivedIFP constitutional-vagueness criminal-procedure davis-v-united-states due-process judicial-review plea-agreement plea-bargaining sentencing sixth-amendment statutory-interpretation Whether a reviewing court may search plea documents for evidence of another predicate to sustain a § 924(c) conviction when that predicate was not pro…
21-750 Jasper Knabb v. United States Ninth Circuit 2021-11-19 Denied Response Waived 28-usc-2255 criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing sentencing-guidelines Whether petitioner received ineffective assistance of counsel
21-6073 John Ray Falk, Jr. v. Texas Texas 2021-10-27 Denied IFP accomplice-liability capital-murder capital-punishment criminal-liability due-process guilty-plea law-of-parties notice plea-bargaining pro-se pro-se-defendant Whether a pro se defendant must be informed of the prosecution's theory of his own criminal liability when pleading guilty to a death-eligible homicid…
21-619 Hugo Reyes-Morales v. Maryland Maryland 2021-10-27 Denied Response Waived criminal-defense criminal-procedure due-process immigration-consequences ineffective-assistance padilla-v-kentucky plea-bargaining sixth-amendment strickland-standard strickland-v-washington Ineffective-assistance-of-counsel
21-5945 Bobby Joe Barton v. Scott Lewis, Warden Fourth Circuit 2021-10-13 Denied Response WaivedIFP admissible-testimony ineffective-assistance-of-counsel plea-bargaining pretrial-orders right-to-object right-to-present-evidence Whether trial counsel was ineffective for failing to timely comply with a pretrial order to provide a prompt plea offer
21-5849 Jason August Eisenach v. United States Eighth Circuit 2021-10-01 Denied Response WaivedIFP civil-liberties civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-standing plea-bargaining sentencing Whether the petitioner's Sixth Amendment right to a speedy trial was violated
21-5783 Brian D. Smith v. Montana Montana 2021-09-24 Denied Response WaivedIFP appeal criminal-procedure critical-stage due-process equal-protection ineffective-assistance-of-counsel plea-bargaining plea-withdrawal post-conviction procedural-default right-to-counsel sentencing Is a motion to withdraw guilty plea considered a 'critical stage' requiring the assistance of counsel?
21-5766 Dionte Dortch v. United States Eighth Circuit 2021-09-23 Denied Response WaivedIFP 5th-amendment criminal-procedure deportation due-process firearm immigration-consequences ineffective-assistance plea-bargaining rico-statute simple-possession Whether the Due Process Clause and the 5th Amendment protects the accused from a plea of guilty to material facts of simple possession of cocaine and …
21-5745 Juan Francisco Turcios v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-22 Denied IFP constitutional-violation due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-appeal right-to-counsel sentencing sentencing-stage trial-counsel Was reversible error committed when trial counsel abandoned petitioner during a critical stage of the trial
21-5748 Kyle Evan Peterson v. United States Ninth Circuit 2021-09-22 Denied Response WaivedIFP child-pornography circuit-split criminal-procedure exclusionary-rule knowledge-element plea-bargaining plea-colloquy post-hoc-warrant united-states-v-x-citement-video Whether the district judge must explain the knowledge element in a child pornography plea colloquy
21-5712 George Ferrer Sanchez v. United States Eleventh Circuit 2021-09-20 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-review plea-agreement plea-bargaining prosecutorial-discretion right-to-appeal sentencing Whether appeal waivers in plea agreements are enforceable
21-5727 Frank Cisneros v. United States Sixth Circuit 2021-09-20 Denied Response WaivedIFP conspiracy criminal-defense criminal-procedure federal-law ineffective-assistance plea-bargaining sentencing-enhancement statute-of-limitations withdrawal Whether an attorney's admitted failure to investigate or present a defendant's affirmative withdrawal from a conspiracy beyond the applicable statute …
21-5708 Rodney Dale Hood v. Texas Texas 2021-09-17 Denied IFP contract-law contractual-interpretation criminal-procedure due-process fraud fraud-in-judicial-proceedings judgment judicial-discretion plea-agreement plea-bargaining state-power Whether the current Due Process standard for interpreting the obligations of parties in plea agreements is appropriate
21-5679 Toye Tutis v. United States Third Circuit 2021-09-16 Denied Response WaivedIFP cell-site-simulator criminal-procedure fourth-amendment plea-agreement plea-bargaining privacy privacy-rights search-and-seizure wiretap wiretap-order Whether employment of a 'cell-site simulator' constituted a Fourth Amendment violation?
21-5636 Peter Hurley v. Massachusetts Massachusetts 2021-09-09 Denied IFP civil-rights due-process evidence-preservation government-misconduct plea-bargaining sentencing Whether the Commonwealth of Massachusetts allowed the petitioner to back out of a plea agreement and be resentenced to a felony conviction, and whethe…
21-5601 Abdullah Hamidullah v. United States Eleventh Circuit 2021-09-08 Denied Response WaivedIFP colloquy constitutional-law criminal-procedure due-process federal-courts guilty-plea motion-to-withdraw plea-bargaining rule-11 sentencing Did the district court violate the defendant's substantial due process rights during the mandatory Rule 11 colloquy?
21-5489 Jerris M. Blanks v. United States Eighth Circuit 2021-08-26 Denied IFP circuit-conflict criminal-procedure federal-rules-of-criminal-procedure federal-rules-of-evidence good-cause judicial-discretion plea-bargaining plea-offer prejudicial-evidence pretrial-motion Whether a defendant can refile a pretrial motion after withdrawing it
21-273 Buck Gene Brune v. United States Fifth Circuit 2021-08-25 Denied circuit-split criminal-procedure double-jeopardy fifth-amendment finality-of-judgment plea-bargaining plea-of-guilty prosecutorial-overreach sentencing When does jeopardy attach after a guilty plea?
21-5430 Percy Allen Stucks v. Florida Florida 2021-08-24 Denied IFP criminal-procedure defendant-rights due-process florida-law judicial-discretion plea-bargaining plea-withdrawal pre-trial-motion right-to-trial withdrawal-of-plea Does a Florida defendant have the right to withdraw plea before trial?
21-5462 James Michael Kerns v. United States Sixth Circuit 2021-08-24 Denied Response WaivedIFP 18-usc-16 18-usc-924 constitutional-vagueness crime-of-violence plea-bargaining plea-validity sentencing-challenge sessions-v-dimaya statutory-interpretation supreme-court-precedent united-states-v-davis Whether Count 3 conviction under 18 U.S.C. § 924 is valid given the unconstitutionality of the predicate crime of violence in Count 2
21-256 Bilal Hamid Love v. United States Fifth Circuit 2021-08-23 Denied Response Waived criminal-procedure due-process federal-sentencing-guidelines ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-guidelines strickland-standard Is defense counsel required to provide an estimate of potential guideline sentence when advising defendant on pleading guilty?
21-5446 Robert Carter v. Bernadette Mason, Superintendent, State Correctional Institution at Retreat, et al. Third Circuit 2021-08-23 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel maximum-penalty plea-bargaining sentencing third-degree-murder trial-counsel Whether trial counsel adequately and effectively assisted petitioner in deciding whether to accept a plea offer
21-5408 Bruce Allen Rutherford v. United States Fifth Circuit 2021-08-18 Denied Response WaivedRelisted (2)IFP 28-usc-2255 criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment Whether the movant's claim that counsel failed to inform him of plea offers and allowed them to expire is cognizable under 28 U.S.C. § 2255
21-5404 Maria Teresa Duarte Godinez v. United States Fifth Circuit 2021-08-17 Denied Response WaivedIFP appeal appellate-review criminal-procedure disparities due-process judicial-discretion plea-bargaining sentence-disparity sentencing sentencing-waiver waiver whether the appellate court erred in enforcing the waiver keeping the defendant from appealing her sentence in violation of her due process rights
21-225 Ashley Mere Howard v. Texas Texas 2021-08-16 Denied Response RequestedRelisted (2) credibility-determinations criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining plea-withdrawal Whether the state court's decision conflicts with Lafler v. Cooper
21-5294 Wilshaun King v. Mike Brown, Acting Warden Sixth Circuit 2021-08-04 Denied Response WaivedIFP autopsy-report confrontation-clause criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner plea-bargaining plea-offer right-to-counsel sixth-amendment Sixth Amendment right to effective assistance of counsel for plea offers during jury deliberations
21-5276 William H. Bransford v. Dan Winkelski, Warden Seventh Circuit 2021-08-03 Denied Response WaivedIFP aedpa-standard appellate-counsel civil-commitment dna-evidence due-process habeas-corpus indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-bargaining When does constructive abandonment by appointed appellate attorney occur during direct appeal?
21-122 Davin Seth Waters v. United States Fifth Circuit 2021-07-28 Denied Response Waived criminal-procedure due-process guilty-plea habeas-corpus judicial-discretion mutual-mistake plea-bargaining plea-withdrawal voluntariness Does the doctrine of mutual mistake provide a cognizable basis to find a guilty plea involuntary?
21-5142 Michael Angelo Williams v. United States Sixth Circuit 2021-07-20 Denied Response WaivedIFP criminal-procedure due-process guilty-plea harmless-error ineffective-assistance plea-bargaining sentencing sentencing-enhancement sixth-amendment sixth-circuit withdrawal-of-plea Whether Mr. Williams should have been permitted to withdraw his guilty plea
21-5098 Hal Herring Brown, Jr. v. United States Fourth Circuit 2021-07-15 Denied Response WaivedIFP appeal-waiver criminal-procedure fourth-circuit ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of his conviction for securi…
21-5091 Brian Dunkley v. Shawn Phillips, Warden Sixth Circuit 2021-07-14 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington Whether the Sixth Circuit Court of Appeals has entered a decision in conflict with decisions of another United States court of Appeals on the same imp…
21-5100 Matthew James Haymond, Sr. v. United States Eighth Circuit 2021-07-14 Denied Response WaivedIFP crack-cocaine criminal-sentencing drug-offenses fair-sentencing-act first-step-act mandatory-life-sentence mandatory-minimum plea-bargaining retroactive-application sentencing-reduction statutory-interpretation Whether Mr. Haymond was improperly denied First-Step-Act-relief
21-5089 Martin Thomas Lawrence v. United States Eighth Circuit 2021-07-13 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing sentencing-exposure sixth-amendment trial-counsel Whether, in light of trial counsel's express admission that he underestimated Petitioner's sentencing exposure if he went to trial, this Court should …
21-5031 Luis Pitt v. United States Second Circuit 2021-07-07 Denied Response WaivedIFP bradshaw-v-stumpf circuit-split court-of-appeals due-process involuntary-plea judicial-review kercheval-v-united-states plea-acceptance plea-bargaining supreme-court-precedent Whether Petitioner's Due Process rights were violated
20-1825 Jeffrey McClatchy v. Texas Texas 2021-07-01 Denied brady-disclosure brady-v-maryland criminal-procedure due-process exculpatory-evidence guilty-plea plea-bargaining prosecutorial-misconduct united-states-v-ruiz Whether due process entitles a defendant to exculpatory information pre-plea
20-8415 Demario Deshawn Simpson v. United States Sixth Circuit 2021-06-25 Denied Response RequestedResponse WaivedRelisted (2)IFP count-specific-plea criminal-indictment criminal-procedure due-process federal-rules-criminal-procedure jurisdiction partial-guilty-plea plea-bargaining plea-entry sentencing-guidelines sixth-amendment Whether a defendant has a right under the Federal Rules of Criminal Procedure to enter a partial guilty plea (without a plea agreement or any plea bar…
20-8401 Tyler Landon Thornton v. Florida Florida 2021-06-23 Denied IFP circuit-split civil-rights coercion constitutional-rights criminal-plea due-process fifth-amendment involuntary-confession non-state-actor plea-bargaining plea-involuntariness Whether coercion from a non-state actor can render a plea involuntary and therefore invalidate it under the Fifth Amendment?
20-8407 Daniel Littlepage v. Tim Shoop, Warden Sixth Circuit 2021-06-23 Denied Response WaivedIFP aggravated-murder criminal-procedure due-process orc-2945.06 plea-bargaining post-release-control sentencing three-judge-panel Is the Petitioner's Due Process Rights Violated Due to the Violation of O.R.C. 2945.06, requiring a Three-Judge Panel for Aggravated Murder?
20-8354 Lewis Wesley Hickman, III v. United States Fourth Circuit 2021-06-22 Denied Response WaivedIFP criminal-history criminal-procedure due-process evidence-challenge felony-conviction judicial-review mandatory-minimum plea-bargaining sentencing-disparities sentencing-enhancements sentencing-guidelines Whether the sentencing enhancements were properly applied
20-8367 Kiera Shanice Graham v. Brooks Benton, Warden Georgia 2021-06-21 Denied IFP constitutional-rights counsel-representation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing voluntary-decision Is a defendant's plea valid when counsel misinformed them about the potential sentence?
20-8369 Clarence Clark v. United States Second Circuit 2021-06-21 Denied Response WaivedIFP 2nd-amendment constitutional-challenge constitutional-law criminal-procedure due-process fifth-amendment guilty-plea plain-error plea-bargaining sentencing sixth-amendment statutory-interpretation Whether the Second Circuit Court of Appeals erred in violation of U.S. Const. V and VI as well as this Court's precedent
20-8319 John J. Wilson, Jr. v. Florida Florida 2021-06-15 Denied Relisted (2)IFP appellate-procedure criminal-counsel direct-appeal due-process florida-bar-investigation ineffective-assistance ineffective-assistance-of-counsel misrepresentation plea-bargaining torture Can same criminal counsel misrepresenting defendant in the same L.T. case, and other cases in the trial court documenting instances of 'torture' to in…
20-8247 Marcus Darwyn Jones v. United States Fifth Circuit 2021-06-09 Denied Response WaivedIFP criminal-procedure due-process guilty-plea plea-bargaining plea-voluntariness prosecutor-misconduct prosecutorial-misrepresentation sentencing-consequences sorna waiver Whether reliance on a prosecutor's legal misstatements regarding the consequences of a guilty plea renders that plea involuntary and unknowing
20-8259 Peter James Sorokaput v. Pennsylvania Pennsylvania 2021-06-09 Denied IFP civil-rights coerced-confession constitutional-rights criminal-procedure due-process law-enforcement plea-bargaining sentencing wrongful-conviction Question not identified
20-8267 Christopher Jermaine Kelley v. United States Sixth Circuit 2021-06-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-challenge criminal-procedure due-process essential-element guilty-plea judicial-review parties plea-bargaining Question not identified
20-1702 Jimmy Cobb v. United States Eleventh Circuit 2021-06-08 Denied Response WaivedRelisted (2) criminal-law criminal-procedure federal-jurisdiction ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-deal sixth-amendment statutory-interpretation undercover-operation Does a District Court have the have Jurisdiction to punish and convict conduct that does not fall within a Federal Statute of 18 U.S.C 2422(b) and 18 …
20-8223 Weldon Boyce Bridges v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-04 Denied IFP constitutional-rights constitutional-violations counsel-of-choice due-process effective-counsel ineffective-assistance plea-bargaining plea-coercion right-to-counsel sixth-amendment state-criminal-procedure Whether the State District Court can convict the petitioner without 'paid' counsel of choice at pre-trial, plea, arraignment, and evidentiary hearings…
20-8189 Heather Dawn Griffith v. United States Fifth Circuit 2021-06-02 Denied Response WaivedIFP controlled-substance controlled-substances criminal-procedure drug-distribution federal-rule federal-rules-of-criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation Whether, in a prosecution under 21 U.S.C. § 846, Federal Rule of Criminal Procedure 11(b)(3) requires a statement sufficient to show an agreement to d…
20-8204 Severiano Martinez-Rojas v. United States Second Circuit 2021-06-02 Denied Response WaivedIFP appellate-review appellate-waiver circuit-split criminal-procedure judicial-review plea-bargaining restitution restitution-calculation sentencing sentencing-procedure vulnerable-victim-enhancement whether-the-second-circuit-failed-to-follow-supreme-court-precedent
20-8207 Bernier Gerard Jackson v. Florida Florida 2021-06-02 Denied IFP best-interest constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer professional-responsibility right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client to accept a plea offer which is clearly…
20-8171 Terry L. Ogle v. Mike Parris, Warden Sixth Circuit 2021-05-27 Denied Response WaivedIFP arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations Whether fraud, false and misleading statements in arrest & extradition warrant affidavit irrespective of the subsequent indictment in this case entitl…
20-8122 Andi Mustafa v. Michigan Michigan 2021-05-25 Denied IFP criminal-procedure due-process factual-basis ineffective-assistance ineffective-assistance-of-counsel no-contest-plea plea-bargaining plea-colloquy plea-withdrawal search-and-seizure search-warrant Plea-withdrawal-issues
20-8128 Teddy Ogle v. Mike Parris, Warden Sixth Circuit 2021-05-25 Denied Response WaivedIFP arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations Whether fraud, false and misleading statements in arrest & extradition warrant affidavit irrespective of the subsequent indictment in this case entitl…
20-8132 George Verkler v. United States Ninth Circuit 2021-05-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining presumption-of-innocence right-to-appeal right-to-counsel Does the presumption of innocence and due process require a judge to rule in favor of the defendant if the judge will not read everything submitted or…
20-8073 Damari Jennings v. Louisiana Louisiana 2021-05-19 Denied Response WaivedIFP alford-plea due-process equal-protection guilty-plea ineffective-assistance ineffective-assistance-of-counsel juvenile-defendant north-carolina-v-alford plea-bargaining sixth-amendment Was Jennings denied due process and equal protection when the trial court refused to allow him to withdraw his guilty plea?
20-8040 Michael N. Kelsey v. New York New York 2021-05-17 Denied Response WaivedIFP civil-rights constitutional-rights due-process ineffective-counsel judicial-neutrality plea-bargaining procedural-default sentencing trial-rights Are New York's procedural rules insufficiently hospitable to constitutional claims?
20-1581 Malia Arciero v. United States Ninth Circuit 2021-05-14 Denied Response Waived criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing-enhancement sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated when defense counsel's deficient advice led to a two-point sentencin…
20-8016 Rico Blackwell v. United States Eleventh Circuit 2021-05-13 Denied IFP actual-innocence collateral-attack-waiver criminal-procedure davis-challenge federal-sentencing habeas-corpus plea-bargaining procedural-default residual-clause section-924c statutory-interpretation statutory-maximum Whether a defendant can ever show cause and prejudice to avoid the procedural default bar on a meritorious Davis challenge to a § 924(c) conviction?
20-7983 Thomas Lam v. Robert C. Tanner, Warden Fifth Circuit 2021-05-11 Denied IFP certificate-of-appealability constitutional-plea criminal-procedure due-process fifth-circuit habeas-corpus henderson-v-morgan judicial-error jury-instructions plea-bargaining standard-of-review voir-dire Did the Fifth Circuit err in denying a request for COA on an important question of federal law regarding the trial judge's incorrect explanation of th…
20-7965 Jeffrey Ray Sundwall v. Florida Florida 2021-05-10 Denied IFP appeals civil-rights constitutional-law constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining plea-negotiations post-conviction-relief Whether the prohibition of a criminal appeal with denial after exercising the right to appeal a reserved appealable request when their rules and set w…
20-7901 Chalin Merrihew v. Florida Florida 2021-04-30 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining post-conviction-relief sentencing statutory-interpretation Was Petitioner denied a fair trial?
20-7902 John Laponte v. California California 2021-04-30 Denied IFP constitutional-rights contract-law criminal-procedure due-process excessive-punishment incarceration plea-agreement plea-bargaining punishment sentencing Is petitioner entitled to enforce the terms of his plea agreement
20-7801 Cody Lee Herman v. United States Sixth Circuit 2021-04-19 Denied Response WaivedIFP and sentencing stages plea constitutional-rights conviction criminal-procedure effective-assistance-of-counsel ineffective-assistance plea-bargaining plea-stage plea-stages pro-se-objections right-to-counsel sentence sentencing sentencing-stage Whether Petitioner's Right to the Effective Assistance of Counsel Was Violated During the Pretrial and Plea Stages
20-1440 David Abram Anaya v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-04-15 Denied Response Waived civil-rights constitutional-rights counsel-deficiency due-process habeas-corpus ineffective-assistance plea-bargaining prejudice prejudice-standard reasonable-probability Whether a defendant can show prejudice from counsel's deficient performance in rejecting a plea offer where the record reveals no facts suggesting the…
20-7740 Jason Robert Vickers v. Kenneth Diggs, Warden Fourth Circuit 2021-04-14 Denied Response WaivedIFP criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction Whether a criminal defendant can challenge an indictment and/or conviction after a coerced guilty plea
20-7707 Charles Michael Ledford v. United States Fourth Circuit 2021-04-12 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process plea-bargaining statutory-interpretation Whether the Fourth Circuit Court of Appeals erred by dismissing Mr. Ledford's meritorious arguments due to the appellate waiver language of the plea a…
20-7724 John K. Wilson v. Rosemary Ndoh, Warden Ninth Circuit 2021-04-12 Denied Response WaivedIFP constitutional-standard de-novo-review due-process evidentiary-hearing federal-constitutional-rights fourteenth-amendment guilty-plea no-contest-plea plea-bargaining standard-of-review state-court-proceedings Whether a defendant is entitled to de novo review of a claim that his guilty plea was involuntary under the Fourteenth Amendment
20-7672 James Michael Garcia v. United States Ninth Circuit 2021-04-07 Denied Response WaivedIFP assault child-abuse criminal-procedure double-jeopardy due-process guilty-plea plea-bargaining sentencing serious-bodily-injury Whether the government may pursue an assault charge after a defendant pleads guilty to felony child abuse where the assault charge subsumes the pled p…
20-7583 Thomas Mark Hild v. Colorado Colorado 2021-03-26 Denied IFP 6th-amendment autonomous-rights constitutional-procedure criminal-justice defendant-rights due-process effective-assistance effective-assistance-of-counsel habitual-criminal plea-bargaining plea-negotiations prior-convictions Whether there is a constitutional requirement that counsel engage in plea negotiations with prosecuting authorities to provide effective assistance an…
20-7543 Victor Real-Alomar, aka Toston v. United States First Circuit 2021-03-24 Denied Response WaivedIFP appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the governme…
20-7528 Jonathan Figueroa-Serrano v. United States Eighth Circuit 2021-03-22 Denied IFP appellate-review conditional-plea criminal-procedure federal-courts federal-rules harmless-error plea-bargaining sentencing In conditional plea appeals, is an error harmless when (1) the error did not affect the defendant's choice to plead guilty; or (2) the error did not a…
20-7467 Timothy Wayne Carver v. United States Eleventh Circuit 2021-03-17 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment Where plea counsel's ineffective assistance causes a defendant to misapprehend the consequences of pleading guilty, may the defendant obtain relief ev…
20-7439 Michael Luis Suarez v. United States Eleventh Circuit 2021-03-12 Denied Response WaivedIFP 18-usc-924(c) actual-innocence categorical-approach crime-of-violence criminal-procedure due-process plea-bargaining predicate-offense procedural-default sentencing-guidelines statutory-enhancement Whether a defendant may be enhanced under 18 U.S.C. § 924(c) where he entered a plea of guilty to an offense that no longer qualifies as a predicate o…
20-7291 John L. Harris v. Illinois Illinois 2021-03-02 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process guilty-plea non-consensual-reinstatement plea-bargaining plea-opportunity presumption-of-innocence sentencing trial-court Whether a trial court's non-consensual reinstatement of a defendant's guilty plea, without admonishments or the opportunity to plead anew, violates th…
20-7292 Matthew Lee Staszak v. United States Seventh Circuit 2021-03-02 Denied Response WaivedRelisted (2)IFP 18-usc-2251 18-usc-2423 due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-misconduct section-2251 section-2423 Whether the Supreme Court should grant the writ where prosecutorial-misconduct, ineffective-assistance-of-counsel, due-process, plea-bargaining, 18-us…
20-7283 John Larvie v. United States Eighth Circuit 2021-03-01 Denied Response WaivedIFP civil-rights constitutional-violation double-jeopardy due-process federal-review habeas-corpus judicial-discretion plea-bargaining procedural-default standing state-court-reasoning tribal-sovereignty Whether tribal sovereignty can be ignored and a defendant punished despite not being convicted tribally
20-7273 Patrick Roger Brigaudin v. United States Eighth Circuit 2021-02-26 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial plea-bargaining prosecutorial-discretion prosecutorial-misconduct sentencing sentencing-enhancement sixth-amendment Whether a prosecutor's threats to a defendant that he would receive a harsher sentence if he did not accept a plea deal denied him his constitutional …
20-1187 Leon Carmichael, Sr. v. United States Eleventh Circuit 2021-02-25 Denied Response Waived constitutional-rights contemporaneous-evidence criminal-procedure due-process hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-test sentencing-guidelines What additional objective and contemporaneous evidence is required to satisfy the prejudice test this Court articulated in Hill v. Lockhart and other …
20-7197 Roberto Elias Martinez v. United States Fifth Circuit 2021-02-23 Denied Response WaivedIFP criminal-procedure district-court due-process maximum-term plain-error plea-bargaining plea-colloquy sentencing statutory-maximum Whether plain error resulted from the district court erroneously advising the client during plea colloquy
20-7190 Erik Sanchez v. Terry Jacques, Warden Tenth Circuit 2021-02-22 Denied Response WaivedIFP confrontation-clause consecutive-sentences constitutional-rights criminal-procedure due-process federal-review judicial-discretion plea-bargaining post-conviction-relief sentencing sentencing-guidelines Whether the sentencing court must enter a factual basis to support a consecutive sentence when a defendant has never pled guilty to such facts, depriv…
20-7202 Deon Anthony Romell Bailey v. United States Eighth Circuit 2021-02-22 Denied Response WaivedIFP civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel ninth-circuit plea-bargaining post-conviction sentencing sixth-amendment Whether the Eighth Circuit decision improperly denied petitioner's claim of violation by failing to remand to give him the opportunity to plead anew?
20-7161 Tyrell E. Artis v. Ohio Ohio 2021-02-16 Denied IFP constitutional-rights domestic-violence due-process fourteenth-amendment ineffective-assistance plea-bargaining plea-withdrawal res-judicata sentencing-enhancement sixth-amendment Can a plea deal consisting of two (2) misdemeanor domestic violence charges be withdrew post sentence, when; (1) no direct appeal was taken; (2) said …
20-7129 Tyreek Torrence v. Pennsylvania Pennsylvania 2021-02-11 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment Was Petitioner's guilty plea involuntarily induced?
20-7062 Alfred L. Cross v. United States Seventh Circuit 2021-02-05 Denied Response WaivedIFP bank-fraud constitutional-rights criminal-procedure due-process guilty-plea indictment-defect intent intent-to-defraud jurisdiction materiality materiality-element plea-bargaining Whether the Decision below squarely conflicts with McCarthy v. United States and Neder v. United States, where Mr. Cross Held a Constitutional Right t…
20-1056 Justin Wolfe v. Virginia Virginia 2021-02-03 Denied Response RequestedResponse WaivedRelisted (2) appellate-rights constitutional-authority criminal-procedure due-process federal-habeas forfeiture-rule plea-bargaining prosecutorial-misconduct vindictive-prosecution Whether a state court can avoid the federal constitutional issues raised by a vindictive-prosecution claim
20-7002 Ryan C. Lander v. United States Second Circuit 2021-02-01 Denied Response WaivedIFP 4th-amendment 6th-amendment civil-rights constitutional-rights due-process fourth-amendment free-speech government-seizure plea-bargaining search-and-seizure warrantless-search Is it constitutional to prosecute citizens for cybercrime under the interstate-commerce clause
20-6902 Layw Thomas v. Kentucky Kentucky 2021-01-22 Denied Response WaivedIFP disproportionate-sentencing eighth-amendment fourteenth-amendment hammer-clause juvenile-sentencing miller-v-alabama plea-agreement plea-bargaining sentencing-discretion Did Kentucky violate the Eighth and Fourteenth Amendments when it allowed a youth who was 17 when his crimes occurred to be sentenced to life in priso…
20-978 Poppi Metaxas v. United States Second Circuit 2021-01-22 Denied Response WaivedRelisted (2) certificate-of-appealability constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining reasonable-probability trial Whether the petitioner was denied effective assistance of counsel with respect to the plea process
20-6837 Jacob Ray Owens v. United States Fifth Circuit 2021-01-12 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure drug-crimes fact-finding judicial-fact-finding methamphetamine-distribution plea-agreement plea-bargaining sentencing sentencing-guidelines sixth-amendment Whether Petitioner's sentence violates the Sixth Amendment
20-6764 James Ray Davis v. Christopher Morledge, Judge, Circuit Court of Arkansas, St. Francis County, et al. Eighth Circuit 2021-01-04 Denied IFP appeals criminal-procedure due-process ineffective-assistance-of-counsel plea-bargaining sentencing Question not identified
20-6730 Jose Lupe Corrall v. United States Fifth Circuit 2020-12-31 Denied Response WaivedIFP controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation Whether, under McFadden v. United States, a defendant pleading guilty to knowingly distributing a controlled substance must admit that he knew the sub…
20-6720 Terek Harper v. United States Fourth Circuit 2020-12-30 Denied Response WaivedIFP consideration contract-law criminal-law criminal-procedure due-process federal-criminal-law plea-agreement plea-bargaining void-agreement void-for-lack-of-consideration Whether a federal criminal plea agreement is void and unenforceable when it lacks consideration
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…
20-6668 Christopher Zamarripa v. United States Fifth Circuit 2020-12-21 Denied IFP ambiguity appeal-waiver circuit-split criminal-procedure district-court due-process judicial-interpretation plea-bargaining plea-colloquy procedural-ambiguity Does a district court's mischaracterization, during the plea colloquy, of an appeal waiver create an ambiguity that must be construed against the gove…
20-6619 Pedro Carrasco, Jr., aka Pedro Carrasco v. United States Ninth Circuit 2020-12-14 Denied Response WaivedRelisted (2)IFP appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial …
20-6610 Luis Sanabria-Robreno v. United States Third Circuit 2020-12-11 Denied Relisted (2)IFP 18-usc-922g constitutional-validity criminal-procedure due-process essential-elements firearm-possession guilty-plea plea-bargaining rehaif-v-united-states When defendants plead guilty, can a court treat a plea as constitutionally valid when it was entered without knowledge of an offense element?
20-6584 Richard Olive v. United States Sixth Circuit 2020-12-09 Denied Response WaivedIFP certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance plea-bargaining prejudice right-to-counsel sixth-amendment strickland-v-washington What do Missouri v. Frye and Lafler v. Cooper require to demonstrate prejudice from counsel's failure to advise on a plea offer?
20-776 Gregory Williams v. Leonta Jackson, Warden Seventh Circuit 2020-12-07 Denied Response Waived criminal-defendant criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-exposure strickland-standard strickland-test When a criminal defendant is considering whether to accept a plea offer, is defense counsel's failure to advise the defendant of his or her sentencing…
20-6511 Jose Antonio Lugo-Guerrero, aka Antonio Moraima, aka Fernando Rivera-Rodriguez, aka Alex v. United States First Circuit 2020-12-03 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-review plea-bargaining sentencing sixth-amendment Whether this Court should grant this petition because the First Circuit's judgment affirming the district court's judgment violates Mr. Lugo-Guerrero'…
20-6469 Hector Valentine v. United States Third Circuit 2020-12-01 Denied Response WaivedIFP appellate-procedure constitutional-law criminal-innocence criminal-law double-jeopardy judicial-review plea-bargaining sentencing statutory-interpretation third-circuit Whether the Third Circuit erred in not addressing conduct rendered non-criminal by an intervening Supreme Court decision
20-752 Gavin B. Davis v. California California 2020-12-01 Denied Relisted (2) appeal appellate-review civil-rights criminal-procedure due-process judicial-discretion plea-bargaining plea-withdrawal sentencing totality-of-circumstances Did the 4% Dist., Div. 1, Court of Appeal, California, err in its inquiry and application of Boykin-Tahl analysis under its 'totality of circumstances…
20-6422 Nazariy Kmet v. United States Third Circuit 2020-11-25 Denied Response WaivedIFP constitutional-rights due-process federal-regulations hinton-v-alabama ineffective-assistance-of-counsel judicial-process plea-bargaining strickland-v-washington supervisory-powers u.s-v-lee Whether the 3rd Circuit's denial of the Petitioner's 2255 Motion directly violates this Court's decisions in the U.S. v. Lee, Hinton v. Alabama and St…
20-6449 Anthony Don Brown v. United States Fifth Circuit 2020-11-25 Denied Response WaivedIFP civil-rights due-process plea-bargaining sentencing sixth-amendment waiver Whether a defendant's appeal of a sentence imposed in violation of due process and notice rights is barred by a plea agreement's waiver provision
20-6426 Jose Farias-Valdovinos v. United States Eighth Circuit 2020-11-24 Denied Response WaivedIFP appeal-waiver criminal-procedure factual-basis mens-rea plea-bargaining plea-colloquy rule-11 specific-intent specific-intent-crime Whether the district court's omission of an independent inquiry into a defendant's mens rea during the Rule 11 plea colloquy for a specific intent cri…
20-6405 Joshua Cato v. United States Fifth Circuit 2020-11-23 Denied Response WaivedIFP controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation Whether, under McFadden v. United States, a defendant who pleads guilty to knowingly distributing a controlled substance must admit that he knew the s…
20-6391 Timothy Ronald Hare v. Michigan Michigan 2020-11-20 Denied IFP constitutional-standard critical-stage effective-assistance ineffective-assistance lafler-v-cooper plea-bargaining prejudice prejudice-analysis right-to-counsel sixth-amendment united-states-v-cronic Does the requirement to prove prejudice under Lafler v Cooper place a burden on the accused that is deemed unnecessary in United States v Cronic
20-6373 Cordarrius Bonds v. United States Sixth Circuit 2020-11-18 Denied Relisted (2)IFP criminal-procedure felon-in-possession firearm-possession knowledge-of-status plain-error plea-bargaining sixth-amendment sixth-circuit-precedent structural-error Whether a defendant who pled guilty to being a felon in possession of a firearm is entitled to automatic plain-error reversal when the plea was neithe…
20-6347 Christopher Mikelinich v. United States Second Circuit 2020-11-17 Denied Relisted (2)IFP criminal-law criminal-procedure due-process felony-possession knowing-plea mens-rea plain-error plea-agreement plea-bargaining rehaif-v-united-states sentencing-elements Where a defendant claims his plea was not knowing and intelligent because he was unaware of all the elements of the offense, does it matter whether he…
20-6361 Robert L. Davis v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-11-17 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-review standing weight-of-evidence Whether the weight of the evidence supports the defendant-petitioner's claim that counsel lied about a material issue, resulting in ineffective assist…
20-6327 Terry Charles Carroll v. United States Fifth Circuit 2020-11-16 Denied Response WaivedIFP criminal-procedure fifth-circuit plea-bargaining standard-of-review supervisory-powers supreme-court Whether the standard of review on a motion to withdraw a guilty plea conflicts with Supreme Court precedent
20-6283 Robert Brownlee v. Mark Capozza, Superintendent, State Correctional Institution at Fayette Third Circuit 2020-11-12 Denied Response WaivedRelisted (2)IFP amendment constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining statutory-interpretation Whether trial counsel was constitutionally ineffective
20-6291 Christopher Stacy v. United States Eleventh Circuit 2020-11-12 Denied Relisted (2)IFP criminal-law criminal-procedure felon-in-possession firearm-statute guilty-plea mens-rea plain-error plea-bargaining sentencing sentencing-guidelines Whether a defendant who pleaded guilty to possessing a firearm as a felon is automatically entitled to plain error relief if the district court did no…
20-646 Michael Tyler Baggott v. Florida Florida 2020-11-12 Denied Response Waived civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice sex-offender-registration Whether the reasoning of Lee v. United States extends to defendants facing lifelong sex offender registration conditions
20-6190 Bradley R. Freeman v. New Mexico New Mexico 2020-11-02 Denied Response RequestedResponse WaivedRelisted (2)IFP affirmative-defense brady-v-maryland constitutional-requirement criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-disclosure prosecutorial-misconduct Does the Constitution require the prosecution to disclose favorable, material evidence of an affirmative defense before entering a plea agreement?
20-6162 Frank Trujillo v. United States Tenth Circuit 2020-10-29 Denied Relisted (2)IFP criminal-procedure due-process elements-of-offense federal-courts guilty-plea plea-bargaining plea-voluntariness rehaif-v-united-states standard-of-review Whether a defendant's guilty plea was knowing and voluntary when the defendant was not informed of an element of the offense
20-6147 Shane Anthony Roberts v. United States Eighth Circuit 2020-10-28 Denied Response WaivedIFP appeal-waiver appellate-review court-of-appeals criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation statutory-right waiver Whether the Court of Appeals improperly denied Mr. Roberts of the statutory right to appeal his 70-month sentence
20-6154 Roderick Perez-Gonzalez v. United States First Circuit 2020-10-28 Denied Response WaivedIFP conspiracy constitutional-law criminal-procedure double-jeopardy due-process plea-bargaining prosecution united-states-constitution Whether Subsequent Prosecution of Conspiracies Violate the Double Jeopardy Clause of the United States Constitution when Both Conspiracies Operate Und…
20-6140 Roger Jose Almanzar v. United States First Circuit 2020-10-27 Denied Response WaivedIFP appellate-review certificate-of-appealability counsel-performance due-process first-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment Did the First Circuit err in not granting a certificate of appealability on the merits of the claims of ineffective assistance of counsel
20-6109 Rashawn D. Watson v. United States Sixth Circuit 2020-10-22 Denied Relisted (3)IFP criminal-law criminal-procedure due-process firearm-possession guilty-plea indictment indictment-sufficiency knowledge-element mens-rea plea-bargaining rehaif-decision rehaif-v-united-states Whether the decision in Rehaif v. United States, 139 S. Ct. 2191 (2019) requires that Petitioner's guilty plea and conviction be vacated
20-6106 Rafael Cruz v. United States Fifth Circuit 2020-10-21 Denied Response WaivedIFP civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness Whether the district court erred in denying the defendant's request for a certificate of innocence, when the defendant had pled guilty to 'hostage tak…
20-6074 Timothy Jarred Paige v. United States Eleventh Circuit 2020-10-20 Denied Relisted (2)IFP civil-rights criminal-charge criminal-procedure district-court-jurisdiction due-process plea-agreement plea-bargaining sentencing sentencing-guidelines standing statutory-interpretation When charged with violating 18 U.S.C. § 922(g), does the district court retain jurisdiction to charge an offense that is not a 'crime of violence' as …
20-6018 Win Min Htut v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2020-10-15 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights counsel-performance criminal-procedure due-process guilty-plea ineffective-assistance-of-counsel legal-procedure plea-agreement plea-bargaining Can a defendant intelligently, knowingly, and voluntarily waive his right to challenge the effectiveness of his counsel by signing a guilty plea?
20-5999 Sonya Porter v. Pennsylvania Pennsylvania 2020-10-13 Denied Response WaivedIFP continuous-crime criminal-procedure double-jeopardy fifth-amendment plea-bargaining prosecution welfare-fraud Where a state criminal rule allows for dismissal of a case on the merits rather than via conviction or acquittal, is this sufficient to trigger protec…
20-6000 Sara G. Kielly v. New York New York 2020-10-13 Denied IFP civil-rights constitutional-conditions conviction-challenge criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus plea-agreement plea-bargaining prison-treatment sentencing Whether a defendant is required, in light of well-established facts, to explicitly plead constitutional conditions and treatment in prison on the plea…
20-5953 Alex Lenard McCoy v. United States Fourth Circuit 2020-10-08 Denied Response WaivedIFP andrus-v-texas certificate-of-appealability counsel-performance discovery due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255 sixth-amendment Was trial counsel ineffective in his directive to advise McCoy to plead guilty by failing to review the government's discovery in violation of this co…
20-444 United States v. Michael Andrew Gary Fourth Circuit 2020-10-07 Judgment Issued Amici (5)Relisted (2) criminal-law criminal-procedure due-process felon-in-possession firearm-possession mens-rea plain-error plain-error-rule plea-bargaining plea-colloquy substantial-rights Whether a defendant who pleaded guilty to possessing a firearm as a felon is automatically entitled to plain-error relief if the district court did no…
20-5862 Markey Antonio Goldston v. United States Fourth Circuit 2020-09-30 Denied Response WaivedIFP appeal-waiver appellate-rights constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-overreach plea-agreement plea-bargaining Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement?
20-5826 Chris Anthony George v. Raymond Madden, Warden Ninth Circuit 2020-09-28 Denied IFP appellate-procedure civil-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel party-presentation plea-bargaining pro-se pro-se-petition sua-sponte Whether the Ninth Circuit violated the principle of party presentation by raising and deciding an issue sua sponte in petitioner's habeas appeal
20-5812 Jason Andrew Dunlap v. United States Ninth Circuit 2020-09-25 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure defendant-responsibility federal-sentencing guilty-plea offense-level plea-bargaining sentencing-guidelines Whether the sentencing Guidelines limit the maximum offense level to 43, so that, there is a reduction when a defendant accepts responsibility by ente…
20-5757 Jerrieus Williams v. United States Fifth Circuit 2020-09-18 Denied Response WaivedIFP appellate-review constitutional-vagueness criminal-law criminal-sentencing due-process firearms-offense plea-agreement plea-bargaining residual-clause sentencing void-for-vagueness Whether the petitioner's convictions for aiding and abetting interference with commerce by robbery, in violation of 18 U.S.C. §§ 1951(a) and 2, and ai…
20-5715 Martin Rogelio Longoria v. United States Fifth Circuit 2020-09-16 Denied Response RequestedResponse WaivedRelisted (3)IFP at sentencing may withhold a motion for a third-level reduction acceptance-of-responsibility circuit-split criminal-procedure government-discretion motion-to-suppress plea-bargaining sentencing-guidelines Whether the government, at sentencing, may withhold a motion for a third-level reduction for acceptance of responsibility under USSG § 3E1.1(b) on the…
20-5717 William Bradner v. United States Sixth Circuit 2020-09-16 Denied Response WaivedIFP constitutional-rights criminal-justice-system due-process government-breach plea-agreement plea-bargaining prosecutorial-misconduct sentencing sentencing-level sixth-circuit Whether the government breaches the bargain of a plea agreement by requesting a minimum sentencing level fifteen years longer than what it had explici…
20-5719 Efrain Camarill Cruz v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-09-16 Denied Response WaivedIFP certificate-of-appealability double-jeopardy federal-jurisdiction guilty-plea habeas habeas-corpus ineffective-assistance mental-illness plea-bargaining Whether the court of appeals improperly denied the Petitioner a certificate of appealability
20-5674 In Re James Ward 2020-09-11 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance missouri-v-frye plea-bargaining sentencing sixth-amendment strickland-standard strickland-v-washington Ineffective-assistance-of-counsel
20-5636 Miguel Figueroa v. United States Second Circuit 2020-09-10 Denied Response WaivedIFP criminal-conviction criminal-procedure due-process federal-jurisdiction gun-statute plea-bargaining plea-colloquy predicate-offense sentencing sentencing-enhancement statutory-interpretation Whether a defendant's statement during a plea colloquy admitting conduct that could serve as a predicate for a conviction for use of a gun under 18 U.…
20-5651 Christopher R. Gish v. Randall Hepp, Warden Seventh Circuit 2020-09-10 Denied Response WaivedIFP constitutional-law criminal-procedure hill-v-lockhart immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states plea-bargaining prejudice-standard Whether Lee v. United States represents a narrow exception to Hill v. Lockhart's more general rule that is focused on the likelihood of success at tri…
20-5626 Monte Whitehead v. New Mexico New Mexico 2020-09-09 Denied IFP bill-of-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-counsel plea-agreement plea-bargaining state-vs-federal-law Where New Mexico's anti-waiver statute violates double jeopardy
20-5642 Christopher Wooten v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-09-09 Denied IFP civil-rights criminal-procedure due-process felony plea-bargaining sentencing Whether the court erred in denying petitioner's motion to dismiss the indictment
20-5574 Jose Luis Torres v. Jamey Luther, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2020-09-02 Denied Response WaivedIFP civil-rights constitutional-provisions deficient-performance due-process habeas-corpus ineffective-assistance multiplicious-offenses plea-agreement plea-bargaining procedural-default Whether the lower courts erred in denying habeas corpus relief despite the petitioner's claims of ineffective assistance of counsel, multiplicious off…
20-5577 Malik Timbers v. United States Eleventh Circuit 2020-09-02 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process guilty-plea minor-role-reduction plea-bargaining sentence-appeal-waiver sentencing sentencing-guidelines violence-enhancement weapon-enhancement Whether the guilty plea was voluntary and the sentence-appeal waiver enforceable
20-5540 Ugunda Giovanni Sanders v. United States Sixth Circuit 2020-08-31 Denied Response WaivedIFP conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct Did the Government violate Sanders's rights under the Fifth Amendment to have a grand jury consider the charge and to have the Government honor its im…
20-5499 Savannah Rolle v. United States Eleventh Circuit 2020-08-26 Denied Relisted (3)IFP criminal-procedure due-process essential-elements guilty-plea plea-bargaining rehaif-precedent rehaif-v-united-states vacatur Whether a defendant's guilty plea entered before Rehaif v. United States, 139 S. Ct. 2191 (2020), in which the defendant was not advised of the essent…
20-5453 Jose Luis Sanchez-Rosado v. United States Eleventh Circuit 2020-08-24 Denied Relisted (3)IFP appellate-review circuit-split constitutional-error criminal-conviction criminal-procedure due-process fourth-circuit harmless-error involuntary-plea plea-bargaining plea-colloquy standard-of-review Whether an unconstitutional conviction based on a plea colloquy that omitted an element of the offense must be reversed where the defendant objected t…
20-5473 Andres Chavez v. United States Fifth Circuit 2020-08-24 Denied Response WaivedIFP criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing Whether Chavez was denied due process when he was misled into entering a guilty plea
20-5423 Edwin Jassiel Peralta-Castro v. United States Fifth Circuit 2020-08-20 Denied Response WaivedIFP constitutional-rights due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-proceedings pre-trial-stage sentencing-exposure Did the Fifth Circuit Court of Appeals err in determining there was no 'Substantial Showing of Denial of a Constitutional Right' — Failure to Explain …
20-5427 Josiah Daniel Porter v. Illinois Illinois 2020-08-20 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel judicial-cure plea-bargaining plea-stage sixth-amendment Whether a but-for causal relationship between the defendant's guilty plea and his counsel's deficiency is nullified by judicial plea admonitions
20-5432 Michael James Barnes v. United States Fifth Circuit 2020-08-20 Denied Response WaivedIFP criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-relief post-conviction-waiver section-2255-petition sentencing Whether the post-conviction waiver in plea agreement bars relief in Johnson-related § 2255 petition
20-5437 Wendell Taylor v. United States Fifth Circuit 2020-08-20 Denied Response WaivedIFP criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-waiver section-2255-petition sentencing Whether the post-conviction waiver in Mr. Taylor's Plea Agreement bars him from the relief sought in his Johnson-related § 2255 Petition
20-5419 Michael D. Dyer v. Aimee Smith, Warden, et al. Georgia 2020-08-19 Denied IFP civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining prosecutorial-misconduct right-to-counsel Whether a defendant can knowingly, intelligently, and voluntarily enter a guilty plea when the prosecutor is allowed to engage in misconduct without h…
20-5397 Wilbert Romon Banks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-18 Denied IFP constitutional-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan plea-bargaining racial-bias racial-discrimination trevino-v-thaler trial-counsel venue-change Was Banks' claim of ineffective assistance of counsel a substantial claim under Trevino v. Thaler and Martinez v. Ryan?
20-5317 Jeremiah Rodgers v. Florida Florida 2020-08-11 Denied Response WaivedIFP criminal-procedure diagnostic-uncertainty due-process gender-dysphoria medical-evidence mental-health plea-bargaining plea-voluntariness post-conviction-relief procedural-bar Whether the newly discovered evidence of a criminal defendant's medical condition, including gender-dysphoria, may implicate the voluntariness of a pr…
20-5292 Ashvinbhai Chaudhari v. United States Fifth Circuit 2020-08-06 Denied Response WaivedIFP criminal-plea criminal-procedure downward-departure fifth-circuit involuntary-plea judicial-procedure plea-bargain plea-bargaining restitution supervisory-powers Whether the decision of the United States Court of Appeals for the Fifth Circuit has so far departed from the accepted and usual course of judicial pr…
20-119 Louis Ruggiero v. United States Eleventh Circuit 2020-08-04 Denied Response Waived 28-usc-2255 criminal-procedure evidentiary-hearing federal-charges ineffective-assistance plea-bargaining prejudice prejudice-standard section-2255 Should the court of appeals have granted a certificate of appealability
20-5218 Daniel Page v. Renee Baker, Warden, et al. Ninth Circuit 2020-07-30 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel medical-condition ninth-circuit plea-bargaining pre-sentence-motion trial-counsel Whether the trial court should have granted Mr. Page's pre-sentence motion to withdraw his guilty plea
20-5202 Jerome Collins v. United States Fourth Circuit 2020-07-29 Denied Response RequestedResponse WaivedRelisted (2)IFP attempted-assault categorical-approach circuit-split crime-of-violence federal-prisoners mental-state plea-bargaining plea-of-guilty reckless-endangerment sentencing-guidelines Whether the New York crime of attempt to commit a crime qualifies as a 'crime of violence
20-5157 Denard Stokeling v. United States Eleventh Circuit 2020-07-24 Denied Relisted (3)IFP armed-career-criminal-act circuit-split constitutional-error criminal-procedure due-process plea-bargaining plea-validity rehaif-v-united-states sentencing-enhancement violent-felony Whether a guilty plea entered without knowledge of the knowledge-of-status element is reversible error per se
20-51 Pedro Pete Benevides v. United States Eleventh Circuit 2020-07-22 Denied Response Waived criminal-forfeiture eighth-amendment excessive-fine forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-guidelines Whether the forfeiture of over $44 million constitutes an excessive fine under the Eighth Amendment
20-5128 Vernon Chapman v. United States Seventh Circuit 2020-07-21 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process evidentiary-hearing exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-consequences Whether the defendant was denied effective assistance of counsel when the attorney did not follow the advice of several experts advising him on how to…
20-5105 David Scott Temple v. Darrel Vannoy, Warden Fifth Circuit 2020-07-17 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fourteenth-amendment guilty-plea louisiana-constitution plea-bargaining sixth-amendment standard-of-review strickland-standard strickland-v-washington Was Mr. Temple denied effective assistance of counsel?
20-30 Nigel Christopher Paul Martin v. United States Eleventh Circuit 2020-07-16 Denied Response Waived criminal-procedure immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel mandatory-deportation padilla-claim padilla-v-kentucky plea-agreement plea-bargaining post-conviction-relief Is a defendant categorically prohibited from establishing an ineffective assistance of counsel claim under Padilla v. Kentucky, 559 U.S. 356 (2010), w…
20-34 Anthony Thomas Grimes v. Kentucky Kentucky 2020-07-16 Denied Response Waived criminal-defense criminal-procedure effective-assistance-of-counsel parole-eligibility plea-bargaining plea-negotiation prejudice-standard sentencing sentencing-information sexual-offender-registration sixth-amendment strickland-v-washington Whether the Kentucky Court of Appeals has diminished and violated the federal constitutional guarantee of effective assistance of counsel
20-5042 Julian Silva-Aguilar v. United States Ninth Circuit 2020-07-13 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent Whether the Ninth Circuit's decision is inconsistent with McCarthy v. United States
20-5015 James Latron Sumter v. United States Fourth Circuit 2020-07-09 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment first-step-act guilty-plea mandatory-minimum plea-bargaining sentencing Whether the appellate court erred in affirming the district court's ruling not allowing Sumter to withdraw his guilty plea
19-8912 Giezi Arce-Calderon v. United States First Circuit 2020-07-07 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing due-process guideline-range guideline-sentence judicial-discretion plea-agreement plea-bargaining sentencing sentencing-guidelines substantive-reasonableness Whether the sentence imposed on Mr. Arce is substantively unreasonable
19-8893 Darryl Henry v. United States Fifth Circuit 2020-07-02 Denied Response WaivedIFP appeal-rights appeal-waiver circuit-split collateral-relief criminal-sentencing involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-rights statutory-entitlement Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
19-8839 Clayton D. Morrow v. Florida Florida 2020-06-26 Denied Response WaivedIFP brady-material brady-v-maryland criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye newly-discovered-evidence plea-bargaining plea-offer public-records-request Does a public records request meet the criteria to establish a newly discovered evidence claim as Brady v. Maryland does; especially when the informat…
19-8649 Angelo Johnson v. United States Eighth Circuit 2020-06-13 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines u-s-sentencing-commission Should a defendant be denied a three-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 when the defendant enters a timely guilty…
19-8667 Diamante Alfred v. United States Ninth Circuit 2020-06-11 Denied Response WaivedIFP due-process individualized-sentencing judicial-bias judicial-discretion plea-bargaining recusal sentencing supervised-release supervision-violation Does a district court fail to appropriately individualize a sentence where the sentence imposed is based on a 'promise' made by the judge, long before…
19-8635 Kenneth Brown v. Kentucky Kentucky 2020-06-08 Denied Response RequestedRelisted (2)IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment strickland-v-washington Should a court be allowed to deny the withdrawal of a defendant's guilty plea when it is clear the plea was not entered voluntarily and with an unders…
19-1338 Briley W. Piper v. Darrin Young, Warden South Dakota 2020-06-04 Denied criminal-procedure cumulative-error ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver plea-bargaining pre-plea-advisory prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-jury-trial waiver-of-jury-sentencing waiver-of-jury-trial Whether the faulty pre-plea advising applies to both the waiver of jury trial and waiver of jury sentencing, requiring a remand to allow Piper to make…
19-8589 Ramon Enrique Acosta v. United States Eleventh Circuit 2020-06-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining sixth-amendment trial-counsel Whether reasonable jurists could debate the district court's determination that trial counsel was not constitutionally ineffective with respect to the…
19-1330 Michigan v. Juan T. Walker Michigan 2020-06-01 Denied alford-plea collateral-attack criminal-procedure ineffective-assistance-of-counsel lafler-v-cooper perjury plea-bargaining retroactivity Whether Lafler v. Cooper announced a new rule not dictated by prior precedent, and whether its 'reasonable possibility' standard applies where a defen…
19-8579 Jonathan Frank Davis v. United States Ninth Circuit 2020-06-01 Denied Response WaivedIFP appeal-waiver constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea plea-bargaining voluntary-plea Does an appeal waiver clause bar a criminal defendant from later appealing their conviction on the ground that the guilty plea was not knowing and vol…
19-8553 Devian Phillips v. Ohio Ohio 2020-05-28 Denied IFP constitutional-rights constitutional-validity contract-law criminal-procedure due-process government-misconduct guilty-plea plea-bargaining plea-inducement prosecutorial-promise Whether a guilty plea is voluntarily and intelligently made when it rests on a promise or agreement of the prosecutor that cannot be fulfilled
19-8557 Kallen E. Dorsett, Jr. v. United States Third Circuit 2020-05-28 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing strickland-standard Does a prosecutor's threat to prosecute a defendant if he withdraws from his guilty plea invalidate the knowing, voluntary and intelligent clause unde…
19-8535 Courtney Rashon Johnson v. United States Eleventh Circuit 2020-05-23 Denied Response WaivedIFP civil-rights constitutional-violations criminal-procedure due-process eleventh-circuit federal-review grand-jury habeas-corpus plea-bargaining standing Whether a defendant who pleaded guilty can seek relief from his conviction on the basis that the government failed to instruct the grand jury on an es…
19-8504 Jose Antonio Garcia v. United States Ninth Circuit 2020-05-20 Denied Response WaivedIFP admission-of-guilt constitutional-law criminal-procedure disposition-agreement due-process judicial-discretion plea-bargaining sentencing supervised-release Whether Mr. Garcia's admission to a violation of supervised release violated due process
19-8444 Clarence Zacke v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2020-05-12 Denied Response WaivedIFP criminal-procedure due-process federal-court-decisions judicial-precedent legal-exemption plea-agreement plea-bargaining prosecutorial-misconduct sentencing-guidelines state-courts Whether the integrity of the court requires enforcement of Rule 3.172(a) Fla. R. Criminal P. where the state has knowingly and intentionally violated …
19-8325 Qais Hussein v. United States Seventh Circuit 2020-04-21 Denied Response WaivedIFP certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining section-2255 sentencing sentencing-guidelines Is it reasonably debatable that Qais Hussein was deprived the effective assistance of counsel where his defense attorney failed to object to any insin…
19-8312 Lazaro Candelaria v. United States Eleventh Circuit 2020-04-20 Denied Response WaivedIFP criminal-justice-reform criminal-procedure first-step-act ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prior-convictions sentencing sentencing-enhancement shepard-documentation Whether the First Step Act of U.S. Senate Bill 756 applies to the Petitioner
19-8297 Leif O'Connell v. Dushan Zatecky Seventh Circuit 2020-04-19 Denied Response WaivedIFP appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance insanity-defense plea-bargaining prosecutorial-misconduct sixth-amendment Whether the Indiana courts erred in affirming the post-conviction court's decision despite the State's procedural default
19-8274 Tracy Anthony Scott v. United States Eleventh Circuit 2020-04-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea mens-rea plea-bargaining rehaif-v-united-states sixth-amendment Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty?
19-8279 Jeffrey LaGasse v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-04-16 Denied Response WaivedRelisted (2)IFP amendment-violation certificate-of-appealability civil-rights constitutional-rights due-process equal-protection ex-post-facto plea-bargaining police-misconduct severance Did the 11th Circuit Court of Appeals by-pass the petitioner's 5th, 6th and 14th Amendment rights by denying his petition for Certificate of Appealabi…
19-8220 Jorge Macli v. United States Eleventh Circuit 2020-04-08 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment trial-choice Whether the Petitioner was denied his Sixth Amendment right to effective assistance of counsel
19-8098 Juan Carlos Rodriguez v. United States Ninth Circuit 2020-03-24 Denied Response WaivedIFP concurrent-sentences due-process evidentiary-hearing guilty-plea ineffective-assistance motion-to-vacate plea-bargaining sentencing sentencing-consequences Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?
19-8047 Richard E. Daniel v. Timothy C. Ward, Commissioner, Georgia Department of Corrections Eleventh Circuit 2020-03-19 Denied IFP coercion constitutional-rights criminal-procedure due-process equal-protection jury-selection peremptory-challenges plea-bargaining prosecutorial-misconduct racial-discrimination right-to-trial Whether a defendant has a constitutional right to withdraw a plea of not guilty and enter a plea of guilty over the objection of the trial judge
19-7985 Charles Ray Hooper v. United States Fifth Circuit 2020-03-16 Denied Response WaivedIFP brady-v-maryland brady-v-united-states brady-violation certificate-of-appealability criminal-procedure due-process federal-courts government-misconduct guilty-plea plea-bargaining procedural-bar prosecutorial-misconduct Must a defendant continue to challenge a procedural bar ruling after being granted a Certificate of Appealability?
19-7954 Steven M. Leonhart v. Tim Shoop, Warden Sixth Circuit 2020-03-11 Denied IFP competent-counsel constitutional-rights counsel-performance criminal-procedure due-process effective-counsel ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sixth-amendment strategic-benefit Is defense counsel who makes a plea bargain that fails to give his client a substantial strategic benefit acting as competent and effective counsel as…
19-7948 Omar N. Davis v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-03-10 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment trial-counsel Whether a petitioner's due process rights were violated due to ineffective assistance of counsel
19-7893 Nicholas Roos v. Arkansas Arkansas 2020-03-06 Denied Response WaivedIFP capital-case evidence-suppression ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining psychological-evaluation red-flags strickland-standard strickland-v-washington trial-counsel-performance Did Arkansas Supreme Court misapply Strickland-v-Washington
19-7868 Steven B. Turner v. Mike Kemna Eighth Circuit 2020-03-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-relief right-to-counsel sentencing sixth-amendment trial-fairness Whether Missouri's rule conflicts with Lafler v. Cooper
19-7854 Howronda Overstreet v. United States Eleventh Circuit 2020-03-03 Denied Response WaivedIFP appeal criminal-procedure Did Ms. Overstreet's waiver of appeal unenforceabl Did the district court commit plain error when it due-process guidelines guidelines-calculation plain-error plea-bargaining sentencing sentencing-guidelines waiver Did Ms. Overstreet preserve her right to appeal the district court's inapplicable guidelines calculation?
19-7834 Travis Soto v. Ohio Ohio 2020-03-02 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure federal-courts fifth-amendment finality plea-bargaining constitutional-rights criminal-procedure double-jeopardy federal-courts fifth-amendment finality jury-trial plea-agreement plea-bargaining Whether the Double Jeopardy Clause attaches to charges dismissed during a negotiated plea agreement
19-7823 Seth A. Weaver v. Illinois Illinois 2020-02-28 Denied Response WaivedIFP 5th-amendment 6th-amendment conviction due-process guilty-plea illinois-law ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-petition sixth-amendment unknowing-and-involuntary-plea Does Illinois ignorance-of-the-law theory deny successive-post-conviction-petitioners relief-from-constitutionally-unsound-guilty-pleas?
19-7825 Gustavo Gonzalez v. United States Fifth Circuit 2020-02-28 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-defense elements-of-offense ineffective-assistance ineffective-assistance-of-counsel lafler-test lafler-v-cooper legally-nonexistent-defense plea-bargaining prejudice-analysis strickland-standard strickland-v-washington How should a court apply the 'reasonable probability' test for prejudice under Strickland v. Washington and Lafler v. Cooper to a defendant who reject…
19-7769 Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-02-25 Denied IFP 6th-amendment competency competency-to-stand-trial constitutional-rights criminal-investigation criminal-procedure due-process evidence fair-trial fifth-amendment ineffective-assistance-of-counsel interrogation law-enforcement plea-bargaining prosecutorial-misconduct self-representation Whether the petitioner's 6th Amendment right to a fair trial was violated due to ineffective assistance of counsel, prosecutorial misconduct, and lack…
19-1050 Kyle Brooks v. Colorado Colorado 2020-02-24 Denied Response Waived allocution criminal-procedure due-process essential-element guilty-plea ineffective-assistance-of-counsel judicial-error plea-bargaining voluntary-plea Was the plea valid?
19-7617 Donato Amaya-Rivas v. United States Eleventh Circuit 2020-02-10 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining right-against-self-incrimination right-to-counsel sentencing sentencing-enhancement Whether a defendant who raises for the first time on appeal that his plea is unconstitutional because it was entered unknowingly and involuntarily mus…
19-992 Greg Skipper, Warden v. Curtis Jerome Byrd Sixth Circuit 2020-02-07 Denied Amici (1) constitutional-rights criminal-procedure effective-assistance-of-counsel fair-trial hypothetical-plea-offer lafler-v-cooper plea-bargaining sixth-amendment trial-rights Does the Sixth Amendment right to effective assistance of counsel include the right to a plea offer that was never made?
19-7575 Rashaun Scott Carter v. United States Fourth Circuit 2020-02-05 Denied Response WaivedIFP appellate-review appellate-waiver controlled-substance controlled-substances criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining presentence-investigation sentencing Does an appellate waiver bar an appeal based upon a flawed, prejudicial presentence investigation report performed between the trial court's acceptanc…
19-920 Boulder Young, aka Boulder Daniel McManigal v. United States Eighth Circuit 2020-01-23 Denied Response Waived appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour…
19-7350 Billy Battenfield v. Oklahoma Oklahoma 2020-01-21 Denied IFP aedpa appeal-waiver criminal-procedure critical-stage garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining post-sentencing retroactivity statute-of-limitations Whether Garza v. Idaho adopts a new watershed rule of procedure that applies retroactively on state collateral review
19-7352 Alfredo Godoy-Machuca v. United States Ninth Circuit 2020-01-21 Denied Response WaivedIFP appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea Whether the Ninth Circuit Court of Appeals erred in concluding that material affirmative misdavice given by defense counsel regarding collateral conse…
19-7303 Michael W. Smith v. Illinois Illinois 2020-01-16 Denied IFP civil-commitment civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel mental-competency plea-agreement plea-bargaining sexually-violent-person sixth-amendment Does the Petitioner have a legal right to be admonished about indefinite involuntary civil commitment before accepting a plea agreement?
19-7325 Hope K. Kantete v. United States Third Circuit 2020-01-16 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-process post-conviction-relief right-to-trial section-2255 sentencing trial-strategy Whether the lower courts erred by failing to rule or even consider on the record whether Ms Kantete was advised of her 'risk factors' in proceeding to…
19-7268 Acharayya Rupak v. United States Ninth Circuit 2020-01-14 Denied Response WaivedRelisted (2)IFP continuance criminal-procedure due-process plain-error-review plea-bargaining retained-counsel right-to-counsel sentencing sixth-amendment standard-of-review Whether the district court erred in denying the defendant's request to substitute retained counsel
19-7265 Joseph Totoro, II v. United States Third Circuit 2020-01-13 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 scienter scienter-requirement sixth-amendment sixth-amendment-access-to-courts speedy-trial Did the Court, the United States Attorney, and the former attorneys violate DOJ policy and Due Process
19-7223 Erik Bilal Khan v. United States Tenth Circuit 2020-01-10 Denied Response WaivedIFP arraignment counsel-duty criminal-procedure criminal-procedure-ineffective-assistance-counsel ineffective-assistance lesser-crimes plea-bargaining prejudice prejudice-standard reasonable-probability right-to-counsel Whether counsel was ineffective in misadvising and interfering with the defendant's choice of plea at the arraignment
19-7216 Daniel A. Ramet v. Robert LeGrande, Warden, et al. Ninth Circuit 2020-01-08 Denied Response WaivedIFP criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper legal-malpractice plea-bargaining sixth-amendment strickland-v-washington If a defense attorney advises a client to reject a favorable plea offer based on a grave miscalculation about the viability of a legal defense, has th…
19-7153 Ronald Johnson v. Missouri Missouri 2020-01-03 Denied Response RequestedResponse WaivedRelisted (2)IFP atkins-v-virginia capital-punishment-representation capital-representation death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel intellectual-disability plea-bargaining Whether counseling an intellectually disabled client to plead to life without parole to avoid the death penalty is ineffective assistance
19-7161 Aaron Michael Murray v. United States Eleventh Circuit 2020-01-03 Denied Response WaivedIFP burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes …
19-7146 David Rapoport v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. Third Circuit 2020-01-02 Denied Response WaivedIFP appeal-waiver criminal-procedure criminal-procedure-ineffective-assistance-of-couns death-penalty due-process guilty-plea ineffective-assistance life-without-parole plea-bargaining sentencing waiver-of-appeal-rights Was the petitioner's counsel ineffective in pre-trial stages?
19-7117 Vance Edward Ingram, III v. United States Fourth Circuit 2019-12-31 Denied Response WaivedIFP appeal-waiver appellate-procedure constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-power plea-agreement plea-bargaining waiver Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement?
19-7130 Fabio Morel v. United States Second Circuit 2019-12-31 Denied Response WaivedIFP appellate-review case-law circuit-court-interpretation criminal-procedure criminal-sentencing judicial-precedent plea-agreement plea-bargaining precedent retroactivity sentencing sentencing-guidelines statutory-construction statutory-interpretation supreme-court-precedent Whether the lower court's decision is in conflict with Freeman v. United States, 564 U.S. 522 (2011) and Hughes v. United States, 138 S. Ct. 1765 (201…
19-7051 Adan Reyes-Martinez v. United States Fifth Circuit 2019-12-23 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement plea-bargaining sentencing waiver waiver-of-rights Whether the Fifth Circuit erred by ruling that Mr. Reyes-Martinez waived the right to appeal his sentence
19-7043 John A. Toth v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-20 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment abuse-of-discretion attenuation civil-rights constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance plea-bargaining police-conduct post-conviction-relief Whether police custodial interrogation on less than probable cause for arrest held violative of 18 U.S.C. §§ 241-242 and Petitioner's 4th Amendment ri…
19-7011 Carl Golden v. United States Eleventh Circuit 2019-12-19 Denied IFP constitutional-rights criminal-intent criminal-procedure due-process guilty-plea intent knowledge-of-elements mens-rea plea-bargaining rehaif-v-united-states Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty?
19-776 James Wesley Amonett, Jr. v. Virginia Virginia 2019-12-18 Denied Response Waived contract-enforcement contract-law criminal-procedure criminal-procedure-contract-enforcement due-process jury-trial law-enforcement plea-bargaining police-authority police-promises right-to-jury-trial sixth-amendment Whether the police can promise someone who they have arrested a specific benefit in exchange for the arrestee's cooperation and whether that contract …
19-6957 Venise Metayer v. Florida Florida 2019-12-16 Denied IFP constitutional-rights double-jeopardy due-process fair-trial fifth-amendment fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-hearing Did the trial/lower court create a manifest injustice when it allowed the petitioner to plea to charges that violated double-jeopardy laws, when the t…
19-756 Louis Taylor v. Pima County, Arizona, et al. Ninth Circuit 2019-12-12 Denied Amici (4) civil-procedure civil-rights civil-rights-damages due-process habeas-corpus heck-doctrine plea-bargaining prosecutorial-misconduct wrongful-imprisonment wrongful-incarceration Whether Heck applies to a former prisoner who lacked an opportunity to challenge his conviction through federal habeas while incarcerated
19-6905 John Alan Conroy v. Cliff Harris, Sheriff, Pecos County, Texas, et al. Texas 2019-12-11 Denied Response WaivedIFP appellate-court-consideration-of-evidence appointment-of-counsel brady-v-maryland brady-violation continuing-duty-of-federal-government criminal-procedure discovery discovery-rules dismissal-with-prejudice due-process evidence-withholding federal-rules-of-criminal-procedure in-camera-review michael-morton-act plea-agreement plea-bargaining rule-16-federal-rules-of-criminal-procedure state-law-enforcement state-law-enforcement-compliance Whether the withholding of recorded statements by the government violates due process and Brady v. Maryland
19-6915 Andrew Lee Thompson, II v. United States Fourth Circuit 2019-12-11 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process ex-post-facto plea-agreement plea-bargaining sentencing Whether the United States breached its Plea Agreement and failed to abide by the defendant's sentence and suffering process
19-746 Oliver Ray Carbutt v. Colorado Colorado 2019-12-11 Denied Response Waived criminal-procedure due-process fourteenth-amendment guilty-plea plea-bargaining presentence-investigation self-incrimination sentencing sex-offense sex-offenses When a court is required to advise a defendant of the privilege against self-incrimination during a presentence investigation for a sex offense?
19-6830 Don Emmery Wilson v. United States Fourth Circuit 2019-12-03 Denied Response WaivedIFP 6th-amendment ambiguous-plea constitutional-rights criminal-matter cruel-and-unusual-punishment cruel-unusual-punishment due-process habeas-corpus hearsay illegal-sentence ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining post-conviction-relief profiling sentencing-guidelines Was petitioner subject to ineffective or deficient assistance of counsel in a criminal matter?
19-6792 Victor Sanchez v. Patrick Nogan, Administrator East Jersey State Prison, et al. Third Circuit 2019-12-02 Denied Response WaivedIFP constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-intervention plea-bargaining procedural-due-process right-to-appeal sentencing sentencing-review Where trial counsel admits to ineffective advice that lead to this petitioner being sentenced to (5) five years more time than he would have received …
19-6767 Douglas D. True v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2019-11-26 Denied Response WaivedRelisted (2)IFP certificate-of-appealability civil-rights criminal-procedure due-process eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-voluntariness standard-of-review Whether the Eighth Circuit's summary denial of Mr. True's application for a certificate of appealability was based on an adjudication of the underlyin…
19-6717 Jess Lee Green v. Mississippi Mississippi 2019-11-22 Denied Response WaivedIFP constitutional-right constitutional-rights criminal-procedure due-process fundamental-rights guilty-plea plea-bargaining plea-proceedings trial trial-procedure trial-rights Is the right to due process of trial and/or during guilty plea process a fundamental constitutional right?
19-6727 Tyrone Marvin Andrews v. Noah Nagy, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP alibi-defense civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining sentencing sixth-amendment sixth-circuit-review strickland-v-washington trial-counsel Whether trial counsel was ineffective for failing to investigate an alibi defense at trial
19-6638 Yannier Arias v. United States Eleventh Circuit 2019-11-21 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel Whether conflicting affidavits require an evidentiary hearing for ineffective-assistance-of-counsel
19-6659 In Re Arturo Rodriguez Ornalez 2019-11-20 Denied Response WaivedIFP constitutional-violations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations rule-11 sentencing structural-error Whether Constitution and statutory provisions and Rule 11 violations may have rendered Arturo Rodriguez Ornalez's sentence and conviction constitution…
19-6665 Wesley Harlan Kingsbury v. United States Ninth Circuit 2019-11-18 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?
19-617 Nekebwe Superville v. United States Second Circuit 2019-11-14 Denied Response Waived aggravated-felony attorney-misadvice deportation Padilla-v-Kentucky plea-agreement will equivocal-warnings 28-usc-2255 criminal-procedure deportation-consequences immigration ineffective-assistance ineffective-assistance-of-counsel judicial-warning plea-agreement plea-bargaining strickland-standard strickland-v-washington When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a judge pursuant to Fed. R. Crim.…
19-611 Rene A. Boucher v. United States Sixth Circuit 2019-11-13 Denied Response RequestedResponse WaivedRelisted (2) appeal below-guideline-sentence criminal-procedure double-jeopardy due-process plea-agreement plea-bargaining sentencing sentencing-appeal waiver waiver-of-rights Did the government waive its right to appeal the defendant's sentence?
19-6589 Alicia Norman, Kendra Brantley, and Deenvaughn Rowe v. United States District of Columbia 2019-11-13 Denied IFP attorney-client-relationship criminal-procedure criminal-procedure-rule-11 due-process federal-rules judicial-interference plea-agreement plea-bargaining sentencing sentencing-guidelines standard-of-review Was the D.C. Circuit's affirmance of Petitioner Brantley's convictions erroneous and in conflict with other federal jurisdictions on the requirements …
19-6627 Andre Williamson v. United States Ninth Circuit 2019-11-13 Denied Response WaivedIFP boykin-standard boykin-v-alabama due-process equal-protection judicial-fairness mental-health mental-health-defendant mental-health-defendants plea-agreement plea-agreements plea-bargaining sentencing strickland-standard strickland-v-washington Will the Supreme Court re-affirm Boykin v. Alabama and Strickland v. Washington for mentally challenged defendants?
19-6575 Dorothy Williams Elliott v. Florida Florida 2019-11-12 Denied Relisted (2)IFP civil-rights court-proceedings criminal-procedure due-process expungement ineffective-assistance-of-counsel legal-counsel plea-agreement plea-bargaining probation sentencing Whether the state court erred in denying petitioner's motion to vacate conviction and sentence, given the ineffective assistance of counsel and due pr…
19-6551 Neil Timothy Aho v. United States Eleventh Circuit 2019-11-07 Denied Response WaivedIFP appellate-review criminal-procedure discovery guilty-plea ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining plea-withdrawal sentencing-guidelines withdrawal-of-plea Whether the appellate court erred in not finding that the district court abused its discretion by denying Petitioner's motion to withdraw his guilty p…
19-6525 Sean Trent Barnes v. United States Fourth Circuit 2019-11-06 Denied Response WaivedIFP abuse-of-discretion competency competency-hearing criminal-procedure due-process guilty-plea plain-error-review plea-bargaining pro-se-representation self-representation sentencing sentencing-enhancement Whether Mr. Sean Trent Barnes' decision to waive counsel and represent himself was made voluntarily, knowingly, and intelligently
19-6471 Diego Alonso Lozano-Perez v. United States Ninth Circuit 2019-11-01 Denied Response WaivedIFP constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary
19-6421 Ralph Herman Fox, Jr. v. United States Eleventh Circuit 2019-10-30 Denied Response WaivedIFP due-process fairness government-misconduct judicial-discretion plea-agreement plea-bargaining public-policy sentencing statutory-maximum supervisory-powers Whether the district court violated due process and public policy by imposing the statutory maximum sentence despite the government's plea agreement t…
19-6454 Corey Morris v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-10-30 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel extended-sentences federal-review multiple-indictments plea-bargaining post-conviction-relief sentencing sentencing-guidelines Whether defendants have a Sixth Amendment right to effective assistance of counsel when contemplating plea offers
19-6409 Sean Reilly v. Florida Florida 2019-10-28 Denied Response WaivedIFP constitutional-duty contract-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel misunderstanding plea-bargaining sixth-amendment written-plea-offers Whether counsel for the accused has a constitutional duty under the Sixth Amendment to document and present the client plea offers (contracts) in writ…
19-6419 Scott Wilson v. United States Fourth Circuit 2019-10-28 Denied Response WaivedIFP certificate-of-appealability commerce-clause constitutional-rights due-process evidentiary-hearing fourth-circuit habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-bargaining Whether the district court erred in denying Wilson's habeas claim alleging counsel's unreasonable failure to investigate law and misadvice, thereby re…
19-6377 Jerome Gaskin v. United States Sixth Circuit 2019-10-24 Denied Response WaivedIFP consecutive-sentencing criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment trial trial-rights Does a defendant's right to the effective assistance of counsel during plea bargaining include being accurately advised by counsel of the potential fo…
19-491 Nilesh Bharatkumar Kumar v. United States Ninth Circuit 2019-10-17 Denied Response Waived criminal-procedure hill-v-lockhart immigration-law ineffective-assistance ineffective-assistance-of-counsel legal-resident plea-agreement plea-bargaining prejudice-analysis strickland-standard strickland-v-washington Whether a noncitizen defendant with legal resident status and extended familial and property ties to the United States must prove that a superior alte…
19-6183 Reginald Chatman v. Florida Florida 2019-10-07 Denied IFP constitutional-law constitutional-rights contract-law criminal-procedure death-penalty due-process equal-protection florida-law plea-bargain plea-bargaining sentencing state-prosecution Whether the State of Florida violated the Defendant Reginald Chatman's 14th Amendment Constitutional right to due process?
19-6192 Lagenza Junious v. Pennsylvania Pennsylvania 2019-10-07 Denied IFP criminal-procedure diminished-capacity ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication involuntary-plea mens-rea plea-bargaining sixth-amendment strickland-standard strickland-v-washington Was the state superior court's decision contrary to or an unreasonable application of the Strickland v. Washington standard for ineffective assistance…
19-6146 Hector Rosario-Rivera v. United States First Circuit 2019-10-03 Denied Response WaivedIFP constitutional-rights due-process due-process,sixth-amendment,fifth-amendment,ineffe fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-error sixth-amendment Whether the Petitioner's Fifth and Six Amendment Rigths were violated by plain error made in calculating petitioner's sentence, and the numerous ways …
19-6117 Jaime Ignacio Estrada v. Martin Biter, Warden Ninth Circuit 2019-10-01 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer preponderance-of-evidence right-to-counsel sixth-amendment standard-of-review trial-counsel voluntary-manslaughter Whether petitioner established by a preponderance of evidence trial counsel's violation of the Sixth Amendment: failure to communicate a favorable ple…
19-407 Alexander Christian Miles v. United States Tenth Circuit 2019-09-26 Denied Response Waived abuse-of-the-writ abuse-of-writ aedpa contract-law criminal-charges criminal-procedure plea-bargaining post-conviction-relief Whether the abuse of the writ doctrine or the AEDPA precludes a successive petition for post-conviction relief
19-6048 Franklin Pillier v. Massachusetts Massachusetts 2019-09-25 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-procedure-rights due-process government-intrusion motion-to-withdraw-plea plea-bargaining plea-withdrawal probation probation-condition probation-conditions strict-scrutiny withdrawal-of-plea whether-defendant's-constitutional-rights-violated-by-repeated-guilty-plea-questioning
19-374 Floyd Hamilton Byrns, Jr. v. Maryland Maryland 2019-09-23 Denied Response Waived criminal-law criminal-record due-process ex-post-facto expungement forgery legal-remedy plea-bargaining post-facto-punishment retroactivity sentencing Should a person who pled guilty to forgery of a check less than $100.00 in 1987, be punished Post Facto and denied due process for an expungement 32 y…
19-6021 Ricardo Valles De La Rosa v. United States Fifth Circuit 2019-09-23 Denied Response WaivedIFP braxton-precedent braxton-v-united-states criminal-procedure due-process fifth-circuit nelson-v-colorado plea-agreement plea-bargaining sentencing Whether the Fifth Circuit Court of Appeals' affirmance of the petitioner's guilty-plea sentence violated petitioner's due process rights
19-5995 Jason L. Clark v. United States Eighth Circuit 2019-09-18 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-rights collateral-attack constitutional-challenge constitutional-law constitutional-violation criminal-procedure due-process guilty-plea judicial-review plea-bargaining statute-of-conviction Does a guilty plea bar a criminal defendant from later collateral attack on his conviction on the ground that the statute of conviction violates the c…
19-5965 Robert Jessie Hill v. Washington Washington 2019-09-17 Denied IFP civil-rights collateral-consequences constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plea-bargaining plea-negotiations sentencing Whether a defendant who pleaded guilty to a charge should be denied collateral consequences to be told at the time of sentencing, resulting in a subst…
19-5949 Marcelino Martinez v. United States Fifth Circuit 2019-09-16 Denied IFP criminal-procedure criminal-procedure-rule-11 district-court federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining plea-negotiations rule-11 substantial-rights when-district-court-violates-rule-11(c)(1)-of-federal-rules-of-criminal-procedure
19-5954 Ricardo Irive v. Jo Gentry, Warden, et al. Ninth Circuit 2019-09-16 Denied Response WaivedIFP attorney-negligence constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sixth-amendment Does it constitute ineffective assistance of counsel to allow a plea agreement the defendant wished to take lapse due to mistake or negligence?
19-5900 David Earl Ison v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2019-09-10 Denied Response WaivedIFP boykin-v-alabama civil-rights criminal-procedure due-process fifth-amendment plea-bargaining self-incrimination sentencing Whether the introduction of a defendant's involuntary plea or statements in violation of the Fifth Amendment's privilege against self-incrimination is…
19-5874 David Kirkland v. United States Third Circuit 2019-09-09 Denied Response WaivedIFP acceptance-of-responsibility constitutional-claim evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prejudice sentencing-reduction sixth-circuit strickland-standard third-circuit trial Whether the petitioner's attorney was ineffective for withholding information
19-5836 Dennis Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-05 Denied IFP appellate-review constitutional-due-process effective-assistance-of-counsel evidentiary-ruling ineffective-assistance-of-counsel judicial-error plea-bargaining prejudice reasonable-performance reasonable-probability sixth-amendment standard-of-review strickland-v-washington trial-fairness trial-strategy Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to properly investigate a…
19-5775 Richard James Soldan v. Michigan Michigan 2019-09-03 Denied IFP anders-brief anders-procedure appellate-counsel appellate-review court-appointed-counsel criminal-procedure due-process first-tier-review indigent-defendant michigan-court-of-appeals michigan-procedure plea-bargaining right-to-counsel Whether the trial court may refuse to appoint substitute appellate counsel to an indigent defendant convicted on his plea who seeks access to first-ti…
19-5781 Yong S. Cha, aka Edward Cha v. United States Ninth Circuit 2019-09-03 Denied Response WaivedIFP adversarial-testing criminal-procedure due-process evidentiary-waiver federal-rules-of-criminal-procedure federal-rules-of-evidence plea-bargaining proffer-statements prosecutorial-discretion prosecutorial-misconduct sixth-amendment When the Government may use a defendant's statements from plea negotiations to rebut the defense at trial
19-5767 Virgil Lee Bailey v. United States Fifth Circuit 2019-08-30 Denied Response WaivedIFP appellate-review criminal-procedure due-process factual-basis guilty-plea harmless-error judicial-standard plain-error plain-error-review plea-bargaining plea-sufficiency sullivan-v-louisiana Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review
19-5606 Ndokley Peter Enow v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-08-23 Denied Response WaivedRelisted (2)IFP 4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment plea-bargaining probable-cause search-and-seizure sentencing standing Did the trial court err by admitting into evidence the illegally obtained wiretap recordings of the defendant's phone conversations with an undercover…
19-5656 Armando J. Mena v. Rosemary Ndoh, Warden Ninth Circuit 2019-08-21 Denied Response WaivedIFP constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-colloquy presumption presumption-of-regularity silent-record standard-of-review Whether the Ninth Circuit misapplied Henderson v. Morgan, 426 U.S. 637 (1976), in concluding that a state court could reasonably presume from a silent…
19-5595 Marcel Malachowski v. United States Second Circuit 2019-08-15 Denied Response WaivedIFP certificate-of-appealability due-process false-evidence government-misconduct government-misrepresentations habeas habeas-corpus ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct second-circuit Did the denial of COA violate due process
19-5576 William Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2019-08-13 Denied Response WaivedIFP abuse-of-discretion boone-county constitutional-rights hearsay hearsay-testimony ineffective-assistance-of-counsel judicial-discretion lafler-v-cooper plea-bargaining prejudice prosecutorial-misconduct right-to-effective-counsel sentencing Whether the additional sixty (60) years Taylor received at trial when attorney Allen Lidy failed to communicate the Boone County twenty (20) year plea…
19-5581 William Henry Stephens, Jr. v. United States Fourth Circuit 2019-08-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion knowing-and-intelligent plea-bargaining right-to-counsel right-to-jury-trial voluntariness Whether a Court can Rightfully Accept a Defendant's Guilty Plea when Such Plea was Not Made Knowingly and Intelligently
19-5536 Gabriel Vashon Seay v. United States Fourth Circuit 2019-08-12 Denied Response WaivedIFP case-law criminal-procedure due-process ineffective-assistance ineffective-counsel investigation legal-investigation plea-agreement plea-bargaining right-to-counsel strickland-standard strickland-v-washington Where Strickland v. Washington serves as the current case law protecting an accused's right to fair and competent assistance of legal counsel, there a…
19-5538 Timothy Jamaras Burns v. United States Fifth Circuit 2019-08-09 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process fifth-circuit habeas-corpus plea-agreement plea-bargaining section-2255 waiver-of-appeal Whether the Fifth Circuit erred by ruling that Mr. Burns § 2255 claims are barred by the Waiver of Appeal provision in his Plea Agreement
19-5505 Jose Hernandez-Carbajal v. United States Fourth Circuit 2019-08-08 Denied Response WaivedIFP due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated
19-5522 Berson Marius v. United States Eleventh Circuit 2019-08-08 Denied Response WaivedIFP criminal-procedure due-process factual-proffer ineffective-assistance ineffective-assistance-of-counsel judicial-conduct judicial-fact-finding plea-bargaining rule-11 Whether the district court judge can elicit additional facts during a factual proffer
19-5413 John Thomas Rooney v. Georgia Georgia 2019-08-01 Denied Relisted (2)IFP appeal civil-rights constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus jurisdiction plea-bargaining sentencing sentencing-enhancement statutory-jurisdiction unconstitutional unconstitutional-conviction Can convictions and sentences imposed by a State Trial Court without Constitutional or statutory subject-matter jurisdiction be used to enhance a 24-y…
19-5411 Kirk Patrick Keshler v. United States Fifth Circuit 2019-07-31 Denied Response WaivedIFP appellate-review criminal-procedure due-process factual-basis harmless-error judicial-review plain-error plea-bargaining plea-sufficiency standard-of-review sullivan-v-louisiana Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review, or whether, under Sullivan v. Louisiana, 50…
19-5422 Michael A. Webb v. United States Fifth Circuit 2019-07-31 Denied Response WaivedIFP adam-walsh-act adam-walsh-child-protection-and-safety-act constitutional-rights criminal-procedure criminal-prosecution double-jeopardy ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-guidelines Ineffective-assistance-of-counsel
19-5387 Shevaun E. Browne v. United States Third Circuit 2019-07-29 Denied Response WaivedIFP cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel Whether certiorari review should be granted where the Third Circuit affirmed the district court's ruling that trial counsel was not ineffective for fa…
19-5355 Benny Ray Regalado v. United States Fifth Circuit 2019-07-26 Denied Response WaivedIFP 5th-amendment due-process fifth-amendment hearing-neutrality judicial-procedure neutral-hearing-body parole plea-bargaining probation probation-revocation revocation-hearing waiver-of-rights Whether a defendant waives his right, under the Due Process Clause of the Fifth Amendment, to a neutral and detached hearing body at his probation-rev…
19-5362 Kasine Deleston v. United States Second Circuit 2019-07-26 Denied Response WaivedIFP and Ultimately Breached if it Contains an Unfulfi ambiguity breach-of-contract criminal-procedure defendant-rights due-process government-breach government-misconduct plea-agreement plea-bargaining plea-withdrawal sentencing sentencing-stipulation withdrawal-of-plea Whether a Plea Can be Ambiguous, and Ultimately Breached if it Contains an Unfulfillable Sentencing Stipulation and the Government Fails to Offer the …
19-5300 Fremo Santana v. United States Third Circuit 2019-07-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination guideline-range ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-guidelines sentencing-proceedings Whether defense counsel's performance was constitutionally ineffective for erroneously miscalculating petitioner's guideline range which was the decid…
19-5333 Charles York Walker, Jr. v. United States Fourth Circuit 2019-07-25 GVR IFP abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 Whether a district court abuses its discretion in rejecting plea agreements based on policy disagreements
19-5344 Felix Adriano Chujoy, aka Felix Chujoy Alvarado v. United States Fourth Circuit 2019-07-25 Denied Response WaivedIFP corrupt-intent criminal-procedure false-testimony grand-jury human-trafficking immigration-violations intent plea-bargain plea-bargaining statutory-interpretation witness-tampering witness-tampering-18-usc-1512(b)(1) Witness-tampering
19-5289 Pharoah Brazell v. Louisiana Louisiana 2019-07-23 Denied Response WaivedIFP constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender?
19-5290 Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-23 Denied IFP appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review Whether a court of appeals erred in finding that deference to a trial court's factual finding on an attorney's provision of a favorable plea offer was…
19-5293 Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-07-23 Denied Relisted (2)IFP 6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel Does pretrial counsel's failure to advise accused of favorable plea offer constitute denial of effective assistance of counsel?
19-5275 Richard Michael Mathisen v. United States Fourth Circuit 2019-07-22 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-relief right-to-counsel sentencing sentencing-hearing sixth-amendment Whether the district court and Fourth Circuit erred in denying Mr. Mathisen's 28 U.S.C. § 2255 motion based on ineffective assistance of counsel
19-5230 Stephen B. Wlodarz v. Shawn Phillips, Warden Tennessee 2019-07-18 Denied Response WaivedIFP alford-plea criminal-procedure due-process life-sentence parole plea-bargaining sentencing Whether Petitioner's Alford guilty plea resulting in a sentence of life in prison without the possibility of parole is legal?
19-5216 Nicholas Pagliuca v. United States Second Circuit 2019-07-17 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 vonn-v-united-states Whether the plain error standard of Vonn/Dominguez Benitez applies in the context of violations of Fed.R.Crim.P. 11(b)(1)(N), where the defendant rais…
19-87 Jerome Burgess v. Phil Hall, Warden Georgia 2019-07-17 Denied Response Waived appellate-counsel brady-v-maryland brady-violation criminal-appeal exculpatory-evidence georgia-supreme-court ineffective-assistance mental-competency plea-bargaining strickland-standard strickland-v-washington Did the Georgia Supreme Court err in failing to find that Petitioner's appellate counsel provided ineffective assistance?
19-5118 Jason Paul Mathison v. Washington Washington 2019-07-09 Denied IFP collateral-attack constitutional-rights criminal-procedure due-process involuntary-plea judicial-procedure plea-agreement plea-bargaining probation sentencing sentencing-conditions time-limits treatment-program vagueness Are constitutional rights of due process violated when a court imposes a condition that requires a defendant to 'successfully complete' a treatment pr…
19-5095 Fox Joseph Salerno v. Arizona Arizona 2019-07-08 Denied IFP 14th-amendment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel plea-bargaining racial-discrimination retroactivity right-to-counsel school-desegregation supreme-court Whether Missouri v. Frye and Lafler v. Cooper apply retroactively
19-5089 Clifford B. Gandy, Jr. v. United States Eleventh Circuit 2019-07-05 Denied IFP categorical-approach crime-of-violence divisible-offense divisible-statute modified-categorical-approach nolo-contendere physical-force plea-bargaining sentencing-guidelines shepard-documents Where a divisible offense may be committed two ways, one of which satisfies the 'crime of violence' element of physical force, and one of which does n…
19-5053 Brandon M. Hicks v. Renee Baker, Warden, et al. Ninth Circuit 2019-07-03 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-conduct plea-bargaining sentencing separation-of-powers sixth-amendment Whether the judge's extra language in the judgment of conviction, in context with his conduct at sentencing, is a violation of the Separation of Power…
19-5023 Jason Keith Walker v. United States Ninth Circuit 2019-07-01 Denied Response WaivedIFP brady-v-united-states brady-violation due-process fifth-amendment giglio-v-united-states ineffective-assistance ineffective-assistance-of-counsel napue-v-illinois plea-bargaining plea-negotiations prosecutorial-misconduct sentencing sixth-amendment Whether the petitioner is entitled to a certificate of appealability
18-9834 Carlos Alberto Ochoa-Orozco v. United States Fifth Circuit 2019-06-27 Denied Response WaivedIFP constitutional-error cumulative-error due-process fair-trial federal-rules-of-criminal-procedure ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct rule-18 sentencing sixth-amendment venue venue-challenge Whether the district court violated Appellant's right to due process and his Sixth Amendment right to a fair trial
18-9845 Bradley Joseph Vanzant v. Keith Yordy, Warden Ninth Circuit 2019-06-27 Denied Response WaivedIFP 6th-amendment constitutional-violations criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct structural-error Did petitioner make an involuntarily unknown and unintelligent plea through ineffective assistance of counsel and violations of his 6th Amendment righ…
18-9783 Nasser Ghelichkhani v. United States Eleventh Circuit 2019-06-25 Denied Response WaivedRelisted (2)IFP constitutional-validity coram-nobis criminal-procedure double-jeopardy due-process fundamental-error fundamental-rights guilty-plea immigration immigration-consequences plea-bargaining Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appeali…
18-9770 Lionel Toye v. Steven Racette, Superintendent, Great Meadows Correctional Facility Second Circuit 2019-06-24 Denied Response WaivedIFP criminal-procedure ineffective-assistance lafler-v-cooper plea-bargaining plea-negotiations right-to-counsel sentencing sentencing-exposure strickland-standard strickland-v-washington trial-counsel Whether this court should revisit the claim of ineffective assistance of trial counsel during plea negotiations
18-9748 George Hernandez v. United States Ninth Circuit 2019-06-20 Denied Response WaivedIFP confidential-informant criminal-procedure discovery due-process fair-trial guilty-plea informant plea-bargaining plea-withdrawal sentencing-disclosure withdrawal-of-plea Does the 'fair and just reason' standard for withdrawal of a guilty plea properly encompass the post-plea, pre-sentence acquisition of information abo…
18-9701 Antoine Gause v. United States Fourth Circuit 2019-06-18 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process judicial-error miscarriage-of-justice plea-agreement plea-bargaining sentencing supervised-release Whether the lower courts fundamentally erred through a miscarriage of justice, by unconstitutionally sentencing the Petitioner to a longer sentence an…
18-9715 Johnny Curtis Bedgood v. United States Eleventh Circuit 2019-06-18 Denied Response WaivedRelisted (2)IFP criminal-procedure critical-stage evidentiary-hearing fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining pre-trial-counsel section-2255 sentencing sentencing-enhancements whether-the-us-district-court-abused-its-discretion
18-9672 Jill Andras LeBlanc v. United States Fifth Circuit 2019-06-14 Denied Response WaivedIFP appeal-rights appellate-waiver circuit-split criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-procedure statutory-rights Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
18-9635 Carlos Antonio Flores v. United States Fourth Circuit 2019-06-12 Denied Response WaivedIFP adequate-deference co-defendant-sentences deference due-process just-punishment plea-agreement plea-bargaining sentencing sentencing-disparities substantive-reasonableness Whether the sentence is substantively unreasonable due to unwarranted sentencing disparities and failure to provide for just punishment and adequate d…
18-9581 Marcus Arenell Evans v. United States Fifth Circuit 2019-06-07 Denied Response WaivedIFP appeal-waiver appellate-rights booker booker-remedy booker-v-us constitutional-challenge constitutional-law criminal-procedure guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-enhancement sentencing-guidelines-interpretation Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, thereby rendering the waiver unconstitutional or void as…
18-9529 Anibal Del Valle-Hiraldo v. United States First Circuit 2019-06-04 Denied Response WaivedIFP 5th-amendment 6th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining rosemond-v-united-states sixth-amendment Whether an attorney's advice to a defendant to plead guilty to aiding and abetting the carry, use and possession of a firearm in furtherance of a crim…
18-9543 Lonnie Haney v. Shane Jackson, Warden Sixth Circuit 2019-06-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper plea-bargaining plea-offer right-to-counsel time-constraints Are the lower court rulings in direct conflict with the spirit of this Court's holding in Lafler v. Cooper?
18-9525 Mark A. Harris v. Suzanne M. Peery, Warden Ninth Circuit 2019-06-03 Denied Response WaivedIFP credibility credibility-determination criminal-procedure-ineffective-assistance-of-couns evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining strickland-standard strickland-v-washington Whether the standard for reviewing a petitioner's allegations of special circumstances is subjective or objective, and whether an evidentiary hearing …
18-9497 Lloyd E. Austin, IV v. Bridgitte Amsberry Ninth Circuit 2019-05-31 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel mental-competency plea-bargaining post-conviction-relief prosecutorial-misconduct sentencing Why would the petitioner accept a plea agreement to the worst case scenario without being of sound mind?
18-1494 Michael Steven Beeman v. United States Fourth Circuit 2019-05-31 Denied Response Waived counsel-performance criminal-procedure fourth-amendment guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining pre-trial-motion pre-trial-motions prejudice reasonable-counsel reasonable-performance Whether jurists of reason could debate that a district court must evaluate the merits of a potential motion to suppress where the defendant pled guilt…
18-1499 Umesh Kaushal v. Indiana Indiana 2019-05-31 Denied Response WaivedRelisted (2) due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment When a resident alien pleads guilty to a crime while ignorant of the immigration consequences, then demands a trial before sentencing, does his demand…
18-9478 David Rothenberg v. Florida Florida 2019-05-30 Denied Response WaivedIFP affidavit constitutional-rights criminal-procedure double-jeopardy due-process mens-rea plea-bargaining probable-cause probable-cause-affidavit probation prosecutorial-misconduct Is the use by the prosecutor of a 'probable cause affidavit' containing averments contradictory to the alleged victim's own sworn statement to charge …
18-9462 Daniel H. Kilgore v. Ronda J. Pash, Warden, et al. Eighth Circuit 2019-05-29 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus missouri-law plea-bargaining sentencing sex-offender Is Mr. Kilgore entitled to appeal the district court's decision that Missouri did not violate Mr. Kilgore's right to due process of law when he was or…
18-9438 Nathaniel Woods v. Cynthia Stewart, Warden, et al. Eleventh Circuit 2019-05-28 Denied IFP certificate-of-appealability habeas habeas-corpus habeas-corpus,ineffective-assistance-of-counsel,ma ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan plea-bargaining plea-negotiations trevino-exception trevino-v-thaler Could reasonable jurists disagree with the district court's rejection of Mr. Woods' claim that Martinez v. Ryan, 566 U.S. 1 (2012), and Trevino v. Tha…
18-9279 Regina M. Preetorius v. United States Eleventh Circuit 2019-05-17 Denied Response WaivedIFP administrative-law civil-procedure civil-rights counsel-performance criminal-procedure due-process federal-jurisdiction ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment standing strickland-standard strickland-v-washington Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted
18-9336 Saul Elias Camilo v. United States Eleventh Circuit 2019-05-17 Denied Response WaivedIFP 28-usc-2255 appellate-review district-court due-process fair-administration-of-justice ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining section-2255 sentencing-guidelines Where a plea deal has opposing clauses, is such confusion sufficient to reach the bar for appellate review in a §2255 process when ineffective-assista…
18-9303 Larry Ray Lincks v. United States Fifth Circuit 2019-05-16 Denied Response WaivedIFP appeal-waiver booker booker-remedy constitutional-challenge constitutional-law criminal-procedure criminal-sentencing due-process guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-guidelines sufficiency-of-evidence Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpretatio…
18-9255 Santosh Ram v. United States Eighth Circuit 2019-05-14 Rehearing Response WaivedRelisted (2)IFP criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co…
18-9198 John Naasz v. Texas Texas 2019-05-10 Denied IFP 14th-amendment criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment sudden-passion sudden-passion-defense Whether a Texas prisoner has a right to effective counsel in collateral review proceedings
18-9206 Mitchell Felix Brooks v. United States Fourth Circuit 2019-05-08 Denied Response WaivedIFP civil-procedure criminal-law criminal-procedure district-court-discretion due-process federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-compliance rule-11 sentencing supervisory-powers supervisory-powers-of-lower-courts Whether the District Court Judge abused its discretion in violation pursuant to Rule 11
18-9180 Cesar Arce-Hernandez v. United States Ninth Circuit 2019-05-07 Denied Response WaivedIFP appeal-waiver criminal-justice-act criminal-procedure garza-v-idaho indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-proceedings right-to-counsel sixth-amendment Does a Sixth Amendment claim of ineffectiveness of assistance of counsel during pretrial proceedings survive a general waiver of the right to appeal i…
18-9114 Nolan George v. Noah Nagy, Warden Sixth Circuit 2019-05-03 Denied Response WaivedIFP constitutional-commitment contract-law due-process equal-protection fifth-amendment fourteenth-amendment legal-promise plea-bargaining prosecutorial-discretion statute-of-limitations Is it a violation of the Fifth and Fourteenth Amendments to ignore, alter or reinterpret commitments not to charge or prosecute individuals over time?
18-9084 Edward JoRodge Gladney v. United States Fifth Circuit 2019-05-02 Denied Response WaivedIFP criminal-procedure diminished-capacity due-process evidentiary-hearing expert-testimony ineffective-assistance ineffective-assistance-of-counsel mental-capacity plea-bargaining plea-voluntariness sentencing sentencing-mitigation Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegation…
18-9043 Bryan Binkholder v. United States Eighth Circuit 2019-04-30 Denied Response RequestedResponse WaivedRelisted (2)IFP 5th-amendment criminal-procedure criminal-procedure-rights due-process plea-bargaining sentencing victim-rights victims-rights writ-of-mandamus Did the Crime Victims Rights Act, 18 USC 3771 (CVRA), and its 72 hour review requirement for a petition of Writ of Mandamus violate the Constitutional…
18-9049 Jackie Madore v. United States First Circuit 2019-04-30 Denied Response WaivedIFP appellate-procedure appellate-waivers contract-law criminal-law criminal-procedure due-process plea-agreement plea-bargaining sentencing sentencing-disparity Whether the Supreme Court should review appellate waivers in criminal cases under principles of contract law
18-9004 Vaughn S. Archer v. Daniel Paramo, Warden Ninth Circuit 2019-04-29 Denied Response WaivedIFP boykin-advisement criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-trial sentencing sentencing-reduction statutory-interpretation statutory-reduction trial-court-advisement Whether Archer knowingly and voluntarily entered into a guilty plea where the trial court failed to advise him as to the potential application of a st…
18-9020 Michael Marshall v. United States Fourth Circuit 2019-04-26 Denied Response WaivedIFP appeals appellate-review criminal-procedure due-process federal-appeal federal-courts federal-jurisdiction fourth-circuit guilty-plea jurisdictional-grounds plea-bargaining sentencing Whether the writ should issue so that this Court may decide whether Petitioner's guilty plea was valid
18-8995 Maurice Anderson v. United States Fourth Circuit 2019-04-25 Denied Response WaivedIFP breach-of-contract due-process federal-rules-of-criminal-procedure first-amendment judicial-discretion legitimate-government-purpose plea-agreement plea-bargaining sentencing type-c-agreement When a judge can deem himself unbound to a Type-C plea agreement and impose a greater sentence
18-8978 Rico Montell Reid v. United States Fourth Circuit 2019-04-24 Denied Response WaivedIFP criminal-procedure criminal-procedure-11 defendant-rights district-court due-process judicial-coercion judicial-discretion plea-agreement plea-bargaining presentence-report sentencing sentencing-guidelines withdrawal-of-plea Whether Federal Rule of Criminal Procedure 11 prohibits a district court from discussing sentencing options with a defendant at the sentencing hearing
18-8952 Boris Murphy v. United States Fourth Circuit 2019-04-23 Denied Response WaivedIFP 2255-motion 6th-amendment conflict-of-interest deficient-performance direct-appeal due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment Did the Fourth Circuit review the District Court's error in denying petitioner's 28 U.S.C. 2255 claim de novo that was based on conflict of interest a…
18-8961 Dion Thomas v. United States Eighth Circuit 2019-04-23 Denied Response WaivedIFP abuse-of-discretion blackledge-v-allison civil-rights district-court due-process evidentiary-hearing evidentiary-hearing-discretion habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ins-v-phinpathya plea-bargaining plea-negotiations rose-v-lundy sixth-amendment standing unsworn-statements Whether the District Court abused its discretion by failing to conduct an evidentiary hearing
18-8922 In Re Efrain Campos 2019-04-19 Denied IFP due-process fraud habeas-corpus parole parole-eligibility plea-agreement plea-bargaining prosecutorial-misconduct sentencing Was Petitioner Efrain Campos Denied A Fundamentally Fair Guilty Plea Procedural Execution
18-8846 Silvio Lopez Cuellar v. United States Eleventh Circuit 2019-04-16 Denied Response WaivedIFP appellate-review criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing sentencing-appeal sentencing-guidelines statutory-interpretation waiver-of-rights Does a defendant's plea agreement waiver of the statutory right of a sentencing appeal preclude appellate review of the sentence even where the distri…
18-8824 Darren Gonzales v. United States Tenth Circuit 2019-04-15 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-law criminal-procedure due-process factual-basis money-laundering plea-bargaining plea-colloquy rule-11 sentencing Does a defendant who merely parrots the language of the concealment money laundering statute satisfy a district court's obligation under Rule 11 to es…
18-8828 Dante Overby v. Pennsylvania Pennsylvania 2019-04-15 Denied Response WaivedIFP constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel overreach plea-bargaining speedy-trial Does the guilty plea induced by an 'illusory promise' violate the 6th Amendment?
18-8829 Leonid Djuga, aka Leonid Dzhuga v. United States Fifth Circuit 2019-04-15 Denied Response WaivedIFP appeal-rights appellate-waiver circuit-split criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining statutory-rights Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
18-8786 Stephen Krell v. Louisiana Louisiana 2019-04-11 Denied Response WaivedIFP constitutional-rights controlling-legal-principles deficient-advice effective-assistance-of-counsel legal-principles misapprehension-of-case plea-bargaining sixth-amendment trial-counsel trial-counsel-incompetence Whether the Sixth Amendment's right to the effective assistance to counsel during the plea bargaining stages of the proceeding is implicated when tria…
18-8794 Ricky Raymond Ball v. United States Eighth Circuit 2019-04-11 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N)
18-8734 Corey D. Phillips v. Illinois Illinois 2019-04-10 Denied IFP civil-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-counsel witness-testimony Was the defendant's counsel ineffective for failing to properly investigate and present evidence of a plea agreement?
18-1282 David Lee Sanders v. Alabama Alabama 2019-04-09 Denied Response Waived constitutional-rights criminal-procedure double-jeopardy due-process illegal-plea plea-agreement plea-bargaining probation reversal sentencing speedy-trial Whether a criminal defendant who pleads guilty pursuant to an illegal plea agreement is entitled to include the time from his original arrest until re…
18-8763 Terry Walker v. United States Seventh Circuit 2019-04-09 Denied Response WaivedIFP criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation Can a sentencing court consistent with the Sixth Amendment recharacterize a defendant's conviction into conduct that was neither found by a jury or ju…
18-8729 Alan Kenneth Thompson, Jr. v. United States Eleventh Circuit 2019-04-08 Denied Response WaivedIFP appellate-procedure constitutional-claims constitutional-law criminal-law criminal-procedure due-process habeas-corpus plea-bargaining statutory-interpretation subject-matter-jurisdiction united-states-v-peter Whether the ambiguousness of the term 'material' within Title 18 USC 2252A(a)(2)(B) gives unintended breadth to District Courts to accept pleas of gui…
18-8713 Briand Williams v. California California 2019-04-05 Dismissed Response WaivedIFP 6th-amendment code-of-civil-procedure constitutional-violation counsel-of-choice due-process equal-protection ineffective-assistance marsden-hearing plea-bargaining procedural-rights right-to-counsel sentencing sixth-amendment Does a defendant have a right to replace his privately retained counsel at any time during trial court proceedings?
18-8707 Wallace G. Carlyle v. Sherman Campbell, Warden Sixth Circuit 2019-04-04 Denied IFP constitutional-rights effective-assistance-of-counsel fourteenth-amendment history-of-abuse ineffective-assistance mental-retardation plea-bargaining plea-withdrawal right-to-jury-trial sixth-amendment Did trial counsel's failure to adequately consider mental-retardation-and-history-of-abuse deprive defendant of effective-assistance-of-counsel,right-…
18-8677 Patrick Lloyd v. United States Second Circuit 2019-04-02 Denied IFP circuit-split criminal-procedure due-process guilty-plea harmless-error plea-bargaining rule-11 standing united-states-v-dominguez-benitez Whether Dominguez Benitez's harmless error rule applies to Rule 11(b)(1)(G)'s requirement that before a guilty plea can be accepted the district court…
18-8641 Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-01 Denied IFP constitutional-rights guilty-plea ineffective-assistance ineffective-assistance-of-counsel objective-record plea-bargaining postconviction-proceedings probation probation-eligibility record-of-trial trial-record unintelligent-waiver waiver-of-rights Whether the court must give greater weight to the objective record of trial over counsel's affidavit in an ineffective assistance of counsel claim
18-8649 Bradley Cobbler, aka B-Rad v. United States District of Columbia 2019-04-01 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court due-process guilty-plea ineffective-assistance-of-counsel judicial-discretion motion-to-withdraw plea-bargaining plea-withdrawal sentencing withdrawal-of-plea Whether the District Court erred by partially denying Mr. Cobbler's Amended Motion to Withdraw Plea of Guilty?
18-8623 Justin Cole Milam v. United States Fourth Circuit 2019-03-29 Denied Response WaivedIFP appeal-waiver constitutional-review criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing standard-of-review Are appeal waivers in federal criminal plea agreements unconstitutional?
18-8626 Aaron Murray v. United States Sixth Circuit 2019-03-29 Denied Response WaivedIFP arrest constitutional-rights criminal-procedure defense-counsel due-process federal-criminal-procedure initial-appearance magistrate-judge plea-bargaining plea-hearing right-to-counsel Was Petitioner Aaron Murray Entitled to an initial appearance before a United States Magistrate Judge under Fed. R. Criminal P Rule 5?
18-8630 Joseph Christopher Birdtail v. United States Ninth Circuit 2019-03-29 Denied Response WaivedIFP criminal-procedure discovery due-process evidentiary-hearing federal-rules-of-civil-procedure habeas-corpus habeas-proceedings ineffective-assistance-of-counsel plea-agreement plea-bargaining plea-withdrawal section-2255 Is it error for a district court to deny either discovery proceedings or an evidentiary hearing under the Federal Rules Governing Section 2255 Proceed…
18-8636 Brian Hoskins v. United States Second Circuit 2019-03-29 Denied IFP criminal-procedure custis-v-united-states federal-guidelines federal-sentence federal-sentences federal-sentencing-guidelines habeas-corpus plea-bargaining post-conviction-relief sentencing sentencing-enhancement state-conviction state-convictions Whether a defendant who succeeds in vacating a state conviction that enhanced a federal sentence may apply for resentencing under 28 U.S.C. § 2255
18-8638 Michael Bennefield v. Georgia Georgia 2019-03-29 Denied Response WaivedIFP constitutional-safeguards criminal-procedure due-process fair-trial guilt-determination jurisdiction jurisdictional-defect plea-bargaining plea-proceedings procedural-validity standing structural-defects When Structural Jurisdictional defects prevent a fair proceeding, can any reliable determination of guilt or innocence be deemed fair?
18-8574 William Burton v. Delaware Delaware 2019-03-26 Denied Response WaivedIFP criminal-procedure evidence fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-of-not-guilty prosecutorial-evidence right-to-counsel sixth-amendment Did petitioner's attorney provide ineffective assistance of counsel?
18-8495 Leroy Scott v. United States Fourth Circuit 2019-03-22 Denied Response WaivedIFP brady-violation conflict-of-interest death-penalty ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-agreement plea-bargaining right-to-counsel Whether counsel's ineffectiveness conflicts with the holding in Missouri v. Frye
18-8514 Jonathan Leroy Homedew v. United States Eighth Circuit 2019-03-22 Denied Response WaivedIFP abuse-of-discretion co-defendant co-defendants criminal-procedure district-court due-process judicial-discretion plea-arrangement plea-bargaining procedural-rights right-to-be-present speedy-trial waiver Whether Petitioner waived Speedy-Trial-Rights based on Co-defendants-Plea-arrangements
18-8473 Eric Laquinne Brown, aka Eric L. Brown, aka Eric Brown v. Mississippi Mississippi 2019-03-19 Denied Response WaivedIFP civil-rights competency competency-hearing constitutional-rights criminal-procedure due-process guilty-plea mental-competency mental-evaluation mental-health mississippi-uniform-rule-9.06 plea-bargaining procedural-bars procedural-due-process standing Did Brown have a Constitutional right to have a competency hearing before he plead guilty?
18-1198 Westley A. Albright v. Tennessee Tennessee 2019-03-14 Denied Response RequestedResponse WaivedRelisted (2) criminal-defendant criminal-procedure diversion due-process fourteenth-amendment fourth-amendment nolo-contendere plea-bargaining sentencing Whether the Supreme Court of Tennessee erred when it held, as a matter of first impression, that due process rights under the Fourth and Fourteenth Am…
18-8410 Marshall Ray Miller v. Joseph L. McFadden, Warden Fourth Circuit 2019-03-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourth-circuit ineffective-assistance-of-counsel law-enforcement-statements personal-jurisdiction plea-agreement plea-bargaining sentencing Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a con…
18-8371 Martin E. Grant v. Michigan Michigan 2019-03-11 Denied Response WaivedIFP 6th-amendment due-process effective-assistance-of-counsel equal-protection first-degree-murder life-imprisonment motion-for-relief-from-judgment plea-bargaining sixth-amendment Whether Petitioner has been denied the effective assistance of counsel guaranteed by the 6th Amendment to the United States Constitution, during the p…
18-8378 Garron T. Briggs v. United States Eighth Circuit 2019-03-11 Denied Response WaivedIFP acquittal constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceeding plea-bargaining prejudice prejudice-prong reasonable-probability right-to-trial strickland-v-washington Whether the district court's ruling, which implies that when a petitioner successfully proves that his counsel was ineffective, that petitioner must t…
18-8289 Kwame Asafo-Adjei v. Maryland Maryland 2019-03-05 Denied Response WaivedIFP due-process equal-protection fifth-amendment fourteenth-amendment judicial-procedure mandatory-disclosure maryland-rule-4-342(d) maryland-rules plea-bargain plea-bargaining sentencing void-sentence Is the failure of the Maryland Court of Appeals to enforce the Maryland Rule 4-342(d) a denial of a citizen's equal protection right under the Fourtee…
18-8247 Patrick Joseph Kofalt v. United States Third Circuit 2019-03-04 Denied Response WaivedIFP conflict-of-interest constitutional-rights counsel-waiver due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-counsel sixth-amendment waivers Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-free representation?
18-8210 Mahogany Taquilla Alexander v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-03-01 Denied Response WaivedIFP 14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-discretion Did trial court abuse discretion by considering nolle prossed charge in sentencing, violating 5th and 14th Amendment rights
18-8226 James Craig Bird v. Colorado Colorado 2019-03-01 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel parole plea-bargaining prejudice-prong strickland-standard strickland-v-washington Whether the State improperly determined the prejudice prong underlying the test set-forth in Strickland v. Washington, 466 U.S. 668 (1964) as to erron…
18-8229 Sam Chinn, aka Sam Chinn, III v. Joseph Noeth, Superintendent, Attica Correctional Facility Second Circuit 2019-03-01 Denied IFP 28-usc-455 28-usc-636 article-iii article-iii-section-2 article-iii-violation civil-procedure constitutional-claims due-process federal-rule-8 habeas-corpus judicial-disqualification magistrate-judge-process plea-bargaining prosecutorial-misconduct rule-60b-motion Whether the denial of a Rule 60(b) motion was an abuse of discretion when the motion was about a judge violating 28 U.S.C. § 455
18-8176 Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-02-28 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment Was the petitioner's guilty plea knowingly and intelligently made?
18-8198 Brandon Lisi v. United States Second Circuit 2019-02-28 Denied Response WaivedIFP appellate-review appellate-waiver conflict-of-interest criminal-procedure curcio-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sentencing sentencing-challenge whether-petitioner's-guilty-plea-was-involuntary
18-8168 Billy Long v. Pennsylvania Pennsylvania 2019-02-27 Denied Response WaivedIFP due-process evidentiary-hearing guilty-plea habeas-corpus hearing-requirement ineffective-assistance-of-counsel material-fact plea-bargaining plea-withdrawal post-conviction-relief procedural-error withdrawal-of-plea Whether the lower court erred in dismissing the petitioner's amended PCRA petition without a hearing
18-8133 Daryl Mingo v. United States Eleventh Circuit 2019-02-26 Denied Response WaivedIFP criminal-procedure criminal-procedure-plea-bargaining drug-trafficking due-process firearm-offense firearms plea-bargaining plea-colloquy sentencing statutory-construction When Congress enacted and amended 18 U.S.C. Section 924(G)(1)
18-8143 Stephen Talbert v. United States Eighth Circuit 2019-02-26 Denied Response WaivedIFP constitutional-rights criminal-procedure discovery due-process fraud fraudulent-misrepresentation ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-trial voluntariness Can a defendant voluntarily and intelligently enter a plea where counsel fraudulently misrepresents a key fact
18-8130 Eduardo Segoviano-Briseno v. United States Fifth Circuit 2019-02-25 Denied Response WaivedIFP consideration contract-law criminal-procedure defendant-rights due-process federal-courts judicial-interpretation legal-consideration plea-agreement plea-bargaining sentencing Whether principles of contract law require consideration (benefit to the defendant) to support a valid plea agreement
18-1102 Askia Cuff v. Virginia Virginia 2019-02-22 Denied Response Waived abandonment coercion counsel-withdrawal criminal-procedure plea-agreement plea-bargaining right-to-counsel sixth-amendment voluntariness voluntary voluntary-waiver withdrawal Was Appellant's waiver of his Sixth Amendment right to trial, pursuant to a plea agreement, freely and voluntarily made or the product of coercion — t…
18-8075 Godwin Oriakhi v. United States Fifth Circuit 2019-02-22 Denied Response WaivedIFP appellate-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel lafler-v-cooper plain-error plain-error-review plea-bargaining pro-se-filing strickland-v-washington Whether Lafler v. Cooper is violated when trial counsel advises a defendant to enter a guilty plea to an indictment that, on its face, violates the Fi…
18-8057 Duane Allen Short v. Ohio Ohio 2019-02-21 Denied IFP capital-defense capital-punishment death-penalty death-row effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-evidence plea-bargaining sixth-amendment Whether a capital defendant's Sixth Amendment right to the effective assistance of counsel is violated where, but for counsel's intervention and unfou…
18-8012 Tasha Michelle Blackburn v. United States Eleventh Circuit 2019-02-19 Denied Response WaivedIFP counsel-communication criminal-procedure due-process duty-to-advise ineffective-assistance ineffective-assistance-of-counsel plea-acceptance plea-bargaining plea-negotiations professional-responsibility sixth-amendment What constitutes communicating a plea, and does counsel have an obligation to recommend accepting a plea, or rejecting a plea and proceeding to trial?
18-8024 Alex Rodriguez v. New Jersey New Jersey 2019-02-19 Denied Relisted (3)IFP constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment Was the defendant denied the right to effective assistance of trial counsel?
18-8003 Anthony J. Dannolfo v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-02-15 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel lafler-v-cooper north-carolina-v-alford plea-bargaining strickland-standard strickland-v-washington Did Dannolfo's protestation of innocence foreclose his ability of proving Strickland prejudice under Lafler v. Cooper, or did the courts fail to give …
18-7895 Jerry Anderson, II v. Michigan Michigan 2019-02-14 Denied Response WaivedRelisted (2)IFP coercion criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment Was the defendant denied his state and federal constitutional rights to effective assistance of counsel when his attorney failed to prepare for trial …
18-7958 John Lohmeier v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining statute-of-limitations strickland-standard strickland-v-washington Was Petitioner's plea of guilty knowingly and voluntarily entered?
18-7947 Tyrone Garden v. Massachusetts Massachusetts 2019-02-13 Denied Response WaivedIFP constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty, did Garden have the…
18-7932 Dale Allen Hamer v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-12 Denied Relisted (2)IFP civil-rights constitutional-rights court-record criminal-procedure due-process judicial-review plea-bargaining pre-trial-hearing sentencing transcript warrant-review Whether the lower courts erred in denying petitioner's request to review the court records, transcripts, and findings related to his conviction and se…
18-7880 Terrance Jerome Clarke v. United States Eleventh Circuit 2019-02-11 Denied Response WaivedIFP 6th-amendment civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias mental-health plea-bargaining right-to-counsel Were the charges filed at the same time and no other firearm was involved during the offense?
18-7900 Jorge Ernesto Blanco-Rodriguez v. United States Fifth Circuit 2019-02-11 Denied Response WaivedIFP criminal-procedure direct-appeal guilty-plea immigration-consequences ineffective-assistance ineffective-assistance-of-counsel non-citizen-defendant padilla-v-kentucky plea-bargaining plea-colloquy supervisory-power Whether a trial court commits error when it takes a guilty plea from a criminal defendant when the trial court is on specific notice that defense coun…
18-7814 William E. Brown v. United States Eighth Circuit 2019-02-07 Denied Response WaivedIFP certificate-of-appealability civil-procedure civil-rights drug-quantity due-process eighth-circuit equal-protection ineffective-assistance plea-bargaining standing strickland-standard takings Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted
18-7760 Geoffrey A. Gish v. United States Eleventh Circuit 2019-02-05 Denied Response WaivedIFP §-2255-motion appellate-review certificate-of-appealability due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel merits-assessment plea-bargaining procedural-default statute-constitutionality subject-matter-jurisdiction Did the Eleventh Circuit exceed its subject-matter jurisdiction by denying a certificate of appealability based on its assessment of the underlying cl…
18-7616 Rodrigo Tovar Pupo v. United States District of Columbia 2019-02-01 Denied Response WaivedIFP appeal constitutional-issue constitutional-issues criminal-appeal criminal-procedure criminal-procedure-appeal district-court due-process guilty-plea ineffective-assistance-of-counsel offense-enhancement plea-bargaining sentencing-enhancement sentencing-guidelines If Appeals Court erred by not considering the grounds raised by Appellant and denying his appeal disregarding the Constitutional issues raised by Appe…
18-7710 Jose Garcia Mejia v. Shawn Hatton, Warden Ninth Circuit 2019-02-01 Denied IFP 14th-amendment 5th-amendment administrative-processing aedpa constitutional-rights criminal-procedure due-process habeas-corpus plea-bargaining procedural-error Were Petitioner's constitutional Rights violated during trial?
18-7715 Jose Flores v. United States Fifth Circuit 2019-02-01 Denied Response WaivedIFP criminal-procedure district-court-discretion drug-quantity due-process federal-rules-of-criminal-procedure minor-role minor-role-reduction plea-bargaining plea-colloquy rule-11 sentencing sentencing-guidelines standard-of-review ussg-3b1.2 Was the District Court's failure to determine a factual basis, and to insure that defendant understood the nature of the charges, in violation of Rule…
18-7727 Gregory Hatt v. United States Fourth Circuit 2019-02-01 Denied Response WaivedIFP criminal-procedure due-process guilty-plea heroin-distribution ineffective-assistance ineffective-assistance-of-counsel medical-causation plea-bargaining sentencing sixth-amendment Whether failure to convey unbiased, complete, or correct information to a defendant during plea bargaining by defense counsel invalidates a guilty ple…
18-7692 Byron Anthony Horn v. United States Fifth Circuit 2019-01-31 Denied Response WaivedIFP criminal-law criminal-procedure criminal-sentencing due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining pleading reasonable-doubt reasonable-sentence sentencing statutory-interpretation Whether facts that alter the range of 'reasonable' federal sentences must be pleaded in the indictment in federal cases?
18-7607 Bruce White v. United States Seventh Circuit 2019-01-28 Denied Response WaivedIFP counsel-actions criminal-procedure criminal-procedure-plea-bargaining defendant-rights due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel motion-withdrawal plea-agreement plea-bargaining right-to-counsel sentencing voluntary-plea withdrawal-of-plea Whether a plea was entered voluntarily, intelligently, and knowingly
18-7533 Shawn Canada v. Eddie Miles, Warden Eighth Circuit 2019-01-23 Denied IFP civil-rights confrontation-clause cruel-and-unusual-punishment double-jeopardy due-process habeas-corpus ineffective-assistance plea-bargaining sentencing Did Canada receive effective assistance of counsel?
18-7491 Scott Anthony Crow v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-18 Denied IFP civil-rights criminal-procedure due-process equal-protection habitual-offender ineffective-assistance-of-counsel plea-bargaining sentencing Did the federal judges in the 8th Cir. Fail to review newly discovered claims
18-7494 Richard Dernard Bozell, Jr. v. Greg Skipper, Warden Sixth Circuit 2019-01-18 Denied Response WaivedIFP blackledge-v-allison blackledge-v-perry class-v-united-states constitutional-review due-process effective-assistance-of-counsel federal-court-jurisdiction guilty-plea-review habeas-corpus ineffective-assistance ineffective-counsel lafler-v-cooper plea-bargaining procedural-cognizability supreme-court-precedent Whether guilty plea cases are cognizable for federal review
18-7468 Robert Charles Jones v. Jack Palmer, Warden, et al. Ninth Circuit 2019-01-17 Denied Response WaivedIFP attorney-advice criminal-procedure due-process habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel life-without-parole parole plea-bargaining post-conviction-relief sentencing sixth-amendment Whether Jones received ineffective assistance of counsel
18-7439 Gregory M. Ward v. United States Fifth Circuit 2019-01-16 GVR Response RequestedResponse WaivedRelisted (3)IFP appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel Ineffective-assistance-of-counsel
18-7412 Keith Kennedy v. Louisiana Department of Public Safety and Corrections Louisiana 2019-01-15 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance plea-bargaining sentencing sixth-amendment criminal-procedure due-process ineffective-assistance-of-counsel plea-bargaining sentencing standing Why did the judge deny the defendant's motion to withdraw his guilty plea?
18-7247 In Re Dennis Roger Bolze 2019-01-07 Denied IFP actual-innocence circuit-court constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel judicial-review money-laundering plea-bargain plea-bargaining Whether the district court erred in denying Bolze's 28 U.S.C. §2255 motion for relief from counsel's ineffective assistance in advising him to plead g…
18-7269 Larry Allison v. United States Eighth Circuit 2019-01-07 Denied Response WaivedIFP civil-rights constitutional-law conviction criminal-procedure double-jeopardy due-process judicial-review legal-procedure plea-bargaining sentencing statutory-interpretation Can one be sentenced for a crime to which no plea of guilty has been entered and no actual resulting conviction has been held?
18-7230 Antwain D. Ashley v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel open-plea plea-bargaining sentencing sixth-amendment Whether Ashley Was Denied His Sixth Amendment Right to Effective Assistance of Counsel
18-854 George Alvarez v. City of Brownsville, Texas Fifth Circuit 2019-01-04 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) brady-disclosure brady-v-maryland criminal-defendant criminal-procedure due-process exculpatory-evidence monell-liability municipal-liability plea-agreement plea-bargaining united-states-v-ruiz Whether due process requires the government to disclose exculpatory evidence before entering a plea agreement with a criminal defendant
18-7172 Tomas Marco Keen v. Washington Washington 2018-12-27 Denied IFP brady-v-maryland constitutional-rights criminal-procedure disclosure due-process exculpatory-evidence plea-bargaining plea-negotiations prosecutorial-disclosure prosecutorial-misconduct Does the prosecutor have a duty to disclose exculpatory information relating to threatened--but not filed--charges during plea negotiations?
18-7104 Axel Irizarry-Rosario v. United States First Circuit 2018-12-19 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process government-misconduct government-obligation government-obligations judicial-ethics plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-argument statutory-interpretation Whether the government may avoid its obligation to scrupulously observe the terms of a plea agreement by including in its sentencing argument informat…
18-7075 Patrick Martinez v. Texas Texas 2018-12-18 Denied IFP criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper parole parole-eligibility plea-bargaining reasonable-probability sixth-amendment Whether the decision below is irreconcilable with Lafler v. Cooper and the reasonable probability standard for analyzing prejudice in ineffective assi…
18-7078 Joseph O'Shaughnessy, aka Joseph D. O'Shaughnessy v. United States Ninth Circuit 2018-12-18 Denied Response WaivedIFP appellate-review appellate-waiver criminal-procedure due-process involuntary-plea judicial-review ninth-circuit-procedure plea-bargaining plea-voluntariness voluntariness waiver Whether the Ninth Circuit properly dismissed the appeal without articulating the factors it found to base its conclusion that the plea and waiver were…
18-7079 Franklyn Morillo v. United States First Circuit 2018-12-18 Denied Response WaivedIFP abuse-of-discretion appellate-waiver certiorari controlled-substances criminal-procedure district-court due-process first-impression first-impression' 'Should certiorari be granted i judicial-discretion knowing-intelligent-voluntary legal-standard plea-bargaining procedural-rights role-enhancement sentencing sentencing-guidelines standard-of-review' 'Should certiorari be granted Should certiorari be granted to decide whether a district court can only ask a Petitioner a single question about an appellate waiver, even though tha…
18-7072 Kenneth Harper v. United States Second Circuit 2018-12-17 Denied Response WaivedIFP appellate-review criminal-procedure due-process guilty-plea harmless-error judicial-error plea-bargaining plea-colloquy rule-11 sentencing-guidelines Has United States v. Vonn, 535 U.S. 55 (2005), and its progeny stripped the Courts of Appeal of the ability to meaningfully supervise the plea colloqu…
18-762 Jaime Valente Pina, Jr. v. United States Sixth Circuit 2018-12-14 Denied Relisted (2) conflict-of-interest criminal-indictment federal-prosecution plea-bargaining pre-indictment right-to-counsel sixth-amendment state-charges state-prosecution Whether the Sixth Amendment right to counsel attaches before the filing of a formal federal criminal charge
18-6968 Alejandro Quinones Leyva v. United States District Court for the District of South Carolina Fourth Circuit 2018-12-11 Denied Response WaivedIFP 6th-amendment criminal-procedure ineffective-assistance ineffective-assistance-of-counsel language-barriers notice-of-appeal plea-bargaining prejudice right-to-counsel sentencing sentencing-rights sixth-amendment Whether the defendant received ineffective assistance of counsel due to counsel's failure to file a notice of appeal
18-6938 Jarrod Phillips v. Rusty Washburn, Warden Sixth Circuit 2018-12-07 Denied Response WaivedIFP appeal appellate-procedure boykin-precedent boykin-v-alabama civil-rights constitutional-review constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines fourteenth-amendment incorporation ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining strickland-standard strickland-v-washington Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause
18-6941 John Leslie Chapman v. Robert Lampert, Director, Wyoming Department of Corrections, et al. Wyoming 2018-12-07 Denied Response WaivedRelisted (2)IFP abuse-of-discretion constitutional-rights criminal-procedure due-process fourteenth-amendment judicial-discretion legal-advisement plea-bargaining sentencing void-judgment Whether the strictures of Federal Rules of Criminal Procedure Rule 11 and the Fourteenth Amendment due process were met concerning personal advisement…
18-6920 Clyde Retiz v. United States Fifth Circuit 2018-12-06 Denied Response WaivedIFP criminal-law criminal-procedure due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining reasonable-sentence sentencing sentencing-factors sentencing-guidelines statutory-interpretation Whether facts that alter the range of 'reasonable' federal sentences must be pleaded in the indictment in federal cases?
18-6927 In Re Jerry Urbina 2018-12-06 Denied IFP abuse-of-discretion criminal-procedure criminal-sentencing federal-courts judicial-discretion plea-agreement plea-bargaining retroactivity rule-11 sentencing-amendment sentencing-guidelines sentencing-reform statutory-interpretation Whether the lower courts abused their discretion by denying petitioner Urbina relief under the 782 Amendment due to his being the beneficiary of a Rul…
18-6946 Sergio Louis Trevino v. Texas Texas 2018-12-06 Denied Response WaivedIFP appeal appeal-rights constitutional-challenge criminal-procedure due-process plea-bargaining presentencing-waiver right-to-appeal sentencing sentencing-procedure waiver waiver-of-appeal waiver-validity Can a presentencing waiver of appeal be knowingly and intelligently entered when potential errors cannot be anticipated and the consequences of the wa…
18-6879 Darren Hogue v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2018-11-29 Denied Response WaivedIFP appellate-review circuit-court-decision due-process federal-courts federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel plea-bargaining plea-colloquy sixth-amendment standard-of-review waiver-hearing Did the Ninth Circuit's memorandum decision contravene this Court's command that a proper review of a viable Sixth Amendment claim of ineffective assi…
18-6851 Steven Gomez v. United States Fifth Circuit 2018-11-28 Denied Response WaivedIFP advisory-sentencing appeal-waiver constitutional-error criminal-procedure due-process judicial-discretion plea-agreement plea-bargaining sentencing-guidelines Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after ex…
18-6855 Antonio DeJesus Perez-Martinez v. United States Sixth Circuit 2018-11-28 Denied Response WaivedIFP appellate-review constitutional-challenge constructive-amendment criminal-procedure due-process equal-protection indictment indictment-variance ineffective-assistance ineffective-assistance-of-counsel plea-bargaining proportionality sentencing sentencing-proportionality sentencing-reasonableness Whether appellate counsel was grossly ineffective by arguing a material variance instead of a constructive amendment
18-6815 Micheal Jerrial Ibenyenwa v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-26 Denied IFP civil-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel plea-bargaining procedural-default right-to-counsel sentencing Whether a petitioner deserves encouragement to proceed further when trial counsel instructs him to reject a favorable plea offer at trial colloquy thr…
18-6744 Wesley Wayne Schaefer v. Lorie Davis, Director, Texas Department of Criminal Justice, Criminal Institutions Division Fifth Circuit 2018-11-20 Denied IFP consequences criminal-procedure de-novo-review double-jeopardy double-jeopardy,lesser-included-offense,state-law, due-process due-process,criminal-procedure,plea-bargaining,eff due-process,equal-protection,fourteenth-amendment, due-process,grand-jury,fifth-amendment,fourteenth- effective-assistance-of-counsel,plea-bargaining,du federal-courts,state-courts,de-novo-review,mixed-q grand-jury guilty-plea ineffective-assistance jury-unanimity plea-bargaining silent-record sixth-amendment,jury-trial,unanimous-verdict,due-p Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea?
18-6689 Israel Sanchez v. Christian Pfeiffer, Warden Ninth Circuit 2018-11-15 Denied Response WaivedIFP civil-rights due-process federal-jurisdiction habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations pleading-standard supreme-court-precedent Is California's stringent pleading standard to allege a claim of ineffective assistance of counsel during plea negotiations contrary to the governing …
18-6699 James Tyrell Drane v. Michigan Michigan 2018-11-14 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment Whether petitioner has a due process right to plea withdrawal because his plea was unknowing and involuntary, and entered in violation of his Sixth Am…
18-6704 Aaron Jonathon Zemke v. Michigan Michigan 2018-11-14 Denied IFP abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion Whether Mr. Zemke received ineffective assistance of counsel under the Sixth Amendment
18-6667 Khaled Elbeblawy v. United States Eleventh Circuit 2018-11-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confession criminal-procedure federal-rules-of-evidence impeachment impeachment-use-waiver medicare-fraud plea-agreement plea-bargaining rule-11 substantive-evidence united-states-v-mezzanatto Does the impeachment-use waiver doctrine established by the Court in United States v. Mezzanatto, 513 U.S. 196, permit the government to introduce in …
18-6673 Tracy Lebron Vick v. Tennessee Tennessee 2018-11-13 Denied Response WaivedIFP dna-testing due-process equal-protection fourteenth-amendment plea-bargaining post-conviction post-conviction-review wrongful-conviction Whether Tennessee's refusal to extend DNA post-conviction protections to those who pled guilty violates the Equal Protection Clause of the Fourteenth …
18-6623 Carlos Cosme v. United States Ninth Circuit 2018-11-09 Denied Response WaivedIFP 28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef…
18-6621 Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections Eighth Circuit 2018-11-08 Denied Response WaivedIFP constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right …
18-6633 Keith Fremin v. Robert C. Tanner, Warden Fifth Circuit 2018-11-08 Denied IFP castration civil-rights constitutional-rights criminal-procedure due-process good-time guilty-plea ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-district plea-agreement plea-bargaining sentencing Whether the 22 Judicial District Court failed to uphold the plea agreement in exchange
18-6641 Antonio Fahie v. Neil McDowell, Warden Ninth Circuit 2018-11-08 Denied IFP criminal-procedure due-process evidentiary-sufficiency ineffective-assistance-of-counsel plea-bargaining plea-withdrawal-motion prosecutorial-misconduct rape-charges right-to-counsel sentencing Why didn't the judge let the defendant take back their plea when counsel told the court the defendant never admitted to the rape charges?
18-6563 Jesus R. Gonzalez-Negron v. United States First Circuit 2018-11-06 Denied IFP criminal-law criminal-statute drug-trafficking due-process factual-basis firearm-possession firearms guilty-plea machine-gun-possession plea-bargaining statutory-interpretation Is evidence of a loaded machine gun and drugs within a person's residence an adequate factual basis to support a guilty plea to possession of a firear…
18-6580 Wiliiam Scott Fitts v. Barry Goodrich, Warden, et al. Georgia 2018-11-06 Denied Response WaivedIFP criminal-procedure due-process fourteenth-amendment Fourteenth-Amendment-due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel normative-legal-issues plea-bargaining right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment Whether the accused's constitutional rights were violated when forced to choose between the Sixth Amendment and Fourteenth Amendment in deciding wheth…
18-6544 Robert Joe McNemar v. Ralph Terry, Acting Warden Fourth Circuit 2018-11-05 Denied IFP 14th-amendment 6th-amendment competency competency-evaluation criminal-defendant due-process fourteenth-amendment ineffective-assistance-of-counsel mental-health plea-bargain plea-bargaining sixth-amendment Does due process require an express competency determination?
18-6570 Timothy J. Kaprelian v. Lizzie Tegels, Warden Seventh Circuit 2018-11-05 Denied Response WaivedIFP criminal-defendant criminal-defendant-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel no-contest plea-agreement plea-bargaining Is a criminal defendant who pleads no contest entitled to exculpatory evidence that the state concealed and suppressed
18-6553 Michael Founier Dixon, aka Michael Fournier Dixon v. Texas Texas 2018-11-02 Denied Response WaivedIFP civil-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing Was Agpli canl's guilty pleac) involuwtaay duce 40 counsels wet echve deficient Assistance jw Tetality duaing all Stages of the caiminel process ?
18-6557 Casey O'Dell v. United States Third Circuit 2018-11-02 Denied Response WaivedIFP circuit-split criminal-procedure criminal-procedure-rule-11 due-process federal-rules-criminal-procedure plea-bargaining plea-colloquy structural-error united-states-v-gonzalez-lopez Whether the Fed.R.Crim.P. 11(b)(1)(N) rule was violated by the inadequacy of the change of plea colloquy?
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?
18-6483 Armando Chavez, Jr. v. United States Fifth Circuit 2018-10-29 Denied Response WaivedIFP criminal-procedure criminal-sentencing due-process federal-jurisdiction federal-sentencing indictment indictment-requirements judicial-discretion plea-bargaining sentencing sentencing-guidelines statutory-interpretation Whether facts that alter the range of reasonable' federal sentences must be pleaded in the indictment in federal cases?
18-6463 Jose Gilberto Portillo v. United States District of Columbia 2018-10-26 Denied Response WaivedIFP counsel-obligations counsel-obligations-guilty-plea critical-stage due-process guilty-pleas ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper language-barrier missouri-v-frye non-english-speaker plea-bargaining plea-negotiation sixth-amendment young-defendant Whether the DC Court of Appeals' decision conflicts with Supreme Court precedent on counsel's obligations to adequately counsel client regarding guilt…
18-6445 Tracy Lebron Vick v. Tennessee Tennessee 2018-10-25 Denied Response WaivedIFP constitutional-challenge criminal-procedure due-process habeas-corpus judicial-review plea-bargaining public-interest sentencing sentencing-procedure unconstitutional Whether the provisions of Rule 36.1 of the Tennessee Rules of Criminal Procedure, Tennessee Code Annotated § 29-21-101, and Tennessee law are unconsti…
18-6421 Alexis D. Negron-Cruz v. United States First Circuit 2018-10-24 Denied Response WaivedIFP civil-rights constitutional-rights due-process first-amendment ineffective-assistance-of-counsel ineffective-counsel internet-access internet-restrictions plea-agreement plea-bargaining pornography-ban sentencing supervised-release supervised-release-conditions Whether District Court erred in imposing overbroad conditions of Supervised Release, limiting Petitioner's access to the Internet, for the term of sai…
18-6401 James Gabriel Smith v. United States Sixth Circuit 2018-10-23 Denied Response WaivedIFP appellate-review competency criminal-procedure due-process federal-rules-of-criminal-procedure informed-consent judicial-process plea-bargaining plea-colloquy rule-11-procedure Whether the district court followed the procedure mandated by FED. R. CRIM. P. 11 in accepting a guilty plea
18-6350 Zavien Brand v. United States Eleventh Circuit 2018-10-17 Denied Response WaivedIFP actual-innocence appellate-review certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining pro-se-petition section-2255 transcripts Whether the Eleventh Circuit Court of Appeals was compelled to consider the petitioner's subsequent pro se demonstration of actual innocence
18-6334 Ahkeem Wiggins v. Robert C. Tanner, Warden Fifth Circuit 2018-10-16 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process enhancement-penalty guilty-plea ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining sentencing Whether the 1st Judicial District Court, Parish of Caddo, State of Louisiana had jurisdiction to accept a guilty plea to an enhancement penalty under …
18-6304 Alex Lenard McCoy v. United States Fourth Circuit 2018-10-12 Denied Response WaivedIFP 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial Whether the Defendant's rights under Article III, Section 2, Fifth Amendment, Sixth Amendment were violated when the Defendant is induced to enter a p…
18-456 Michael J. Persico v. United States Second Circuit 2018-10-11 Denied Response Waived apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness Whether Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violat…
18-6240 Darryl Johnson v. United States Second Circuit 2018-10-09 Denied Response WaivedIFP appeal-rights constitutional-error due-process evidentiary-hearing guilty-plea habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel plea-bargaining sentencing Was Petitioner's guilty plea sustained in violation of due process warranting habeas relief
18-6204 Jermaine Franklin v. United States Fifth Circuit 2018-10-03 Denied Response WaivedIFP appellate-review constitutional-challenge constitutional-law criminal-procedure due-process federal-jurisdiction fifth-circuit plea-agreement plea-bargaining unconstitutional waiver-of-appeal Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Franklin's Plea Agreement
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…
18-6158 Makandi L. Terry v. Larry Abraham, Chief, Dillon County Detention Center Fourth Circuit 2018-10-01 Denied IFP brady-disclosure civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel jurisdiction plea-bargaining standing Should Petitioner Feery's case be reversed and remanded based upon direct evidence of ineffective assistance of counsel in his failure to disclose any…
18-6132 Marlon Oliver v. United States Sixth Circuit 2018-09-28 Denied Response WaivedIFP 2011 plea offer not requiring cooperation and def criminal-procedure criminal-procedure-ineffective-assistance-of-couns due-process ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer right-to-counsel sixth-amendment Whether there is a reasonable probability that the court below would vacate petitioner's conviction, giving the opportunity to consider this Court's d…
18-6103 Fernando Valdez-Cejas v. United States Fifth Circuit 2018-09-26 Denied Response WaivedIFP apprendi-v-new-jersey criminal-procedure due-process plea-bargaining prior-conviction sentencing statutory-enhancement statutory-maximum Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit…
18-6084 Sharon Lee v. Florida Florida 2018-09-24 Denied Response WaivedIFP competency constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice mental-capacity plea-bargaining Was the petitioner's constitutional rights violated when the petitioner unknowingly and unintelligently accepted a plea to a second degree murder char…
18-6035 Zachary Chambers v. United States Third Circuit 2018-09-20 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sentencing-exposure sixth-amendment trial-counsel Whether the lower court abused its discretion in ruling that trial counsel's erroneous advice about petitioner's sentencing exposure if he proceed to …
18-6028 Maurice Baum v. United States Fourth Circuit 2018-09-18 Denied Response WaivedIFP constitutional-rights criminal-procedure drug-amount drug-crimes due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment Was Trial Counsel's failure to object to the District Court's determination and findings of the drug amount attributable to the Petitioner objectively…
18-5959 John Ingebretsen v. Jack Palmer, Warden, et al. Ninth Circuit 2018-09-13 Denied Response WaivedIFP cause-and-prejudice certificate-of-appealability civil-rights due-process habeas-corpus ineffective-assistance-of-counsel martinez-v-ryan plea-bargaining post-conviction-counsel procedural-default Whether the Ninth Circuit erred in denying a request for a certificate of appealability
18-288 Philip A. Mearing v. United States Fourth Circuit 2018-09-05 Denied Amici (3) appellate-review appellate-waiver criminal-appeal criminal-defendant-waiver criminal-procedure due-process plea-agreement plea-bargaining restitution restitution-order sentencing sentencing-procedure statutory-interpretation Whether a criminal defendant's waiver of the right to appeal his 'sentence' covers an order of restitution
18-5857 Jeffrey Latimore v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-09-04 Denied Response WaivedIFP competency competency-hearing constitutional-rights criminal-procedure due-process habeas-corpus mental-competency plea-agreement plea-bargaining right-to-counsel state-attorney-office state-court state-courts trial-court WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY DENYING PETITIONER LATIMORE A COMPETENCY HEARING BEFORE A PLEA AGREEMENT
18-5771 Jim Walter Qualls, Jr. v. United States Tenth Circuit 2018-08-28 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-procedure federal-courts felony-case guilty-plea judicial-authority jurisdiction magistrate-judge magistrate-judges plea-bargaining statutory-interpretation Whether a United States Magistrate Judge has statutory authority to accept a guilty plea in a felony case and adjudge a defendant guilty
18-5799 In Re Robert N. Smithback 2018-08-28 Denied Relisted (2)IFP constitutional-rights due-process habeas-corpus jurisdiction jury-trial plea-agreement plea-bargaining selective-prosecution subject-matter-jurisdiction trial-by-jury Whether Smithback is being deprived of his liberty without due process of law
18-5767 Fox Joseph Salerno v. Jo Lynn Gentry, Judge, Superior Court of Arizona, Maricopa County, et al. Arizona 2018-08-27 Denied IFP bill-of-attainder constitutional-law criminal-procedure due-process ex-post-facto ineffective-assistance-of-counsel plea-bargaining retroactive-application retroactivity Did the State Trial Court err by unconstitutionally using Federal case laws of Missouri v. Frye/Lafler v. Cooper and applying it retroactively thus vi…
18-5705 George Easterly v. Florida Florida 2018-08-23 Denied Response WaivedIFP criminal-procedure exculpatory-evidence impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining plea-voluntariness postconviction-relief probable-cause probable-cause-affidavit search-and-seizure search-warrant voluntariness-of-plea Whether the Florida Court of Appeals unreasonably applied this Court's precedent
18-227 Justin Michael Wolfe v. Virginia Virginia 2018-08-22 GVR Response RequestedResponse WaivedRelisted (2) appeal appellate-review class-precedent class-v-united-states constitutional-authority constitutional-law criminal-procedure criminal-procedure-plea-bargaining double-jeopardy due-process guilty-plea plea-bargaining state-court state-court-appeals vindictive-prosecution Whether a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute based on a claim of vi…
18-5675 David Pate v. United States Fourth Circuit 2018-08-22 Denied Response WaivedIFP appellate-procedure appellate-review constitutional-law criminal-procedure due-process government-overreach plea-bargaining right-to-appeal Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement?
18-5656 Venise Metayer v. Florida Florida 2018-08-20 Denied IFP constitutional-rights counsel-misadvice counsel-role due-process illegal-sentence ineffective-assistance plea-agreement plea-bargaining sentencing trial-court-denial waiver waiver-of-rights Were the petitioner's constitutional rights violated when the trial court denied her motion for illegal sentence based on counsel's misadvice to accep…
18-5615 Joel Chavira-Nunez v. United States Tenth Circuit 2018-08-16 Denied Response WaivedIFP 18-usc-3553 18-usc-3582 appellate-review brady-v-maryland brady-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing sentencing-modification tenth-circuit-review Whether the District Court erred in ignoring undisputed facts establishing a Brady violation before allowing conflicted defense counsel to withdraw
18-5624 Feliciano Villa-Sariana, aka Feliciano Villa v. United States Fifth Circuit 2018-08-16 Denied Response WaivedIFP apprendi-rule apprendi-v-new-jersey criminal-procedure due-process indictment plea-bargaining prior-conviction sentencing statutory-maximum Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit…
18-202 Haynes Timberland, Inc. v. United States First Circuit 2018-08-15 Denied Response Waived appeal-waiver collateral-attack criminal-procedure direct-appeal due-process plea-agreement plea-bargaining pre-sentence-waiver sentencing waiver waiver-of-rights Whether a defendant who waives the right to a direct appeal of his conviction and sentence can implicitly waive his right to collaterally attack his c…
18-5599 Anson Chi v. United States Fifth Circuit 2018-08-15 Denied Response WaivedRelisted (2)IFP appeals civil-procedure civil-rights criminal-procedure due-process habeas-corpus plea-bargaining pro-se sentencing standing Whether the defendant's guilty plea was involuntary due to an unconstitutional no-parole sentence
18-5558 Joseph William Atwell v. Tammy Ferguson, Superintendent, State Correctional Institution at Graterford, et al. Third Circuit 2018-08-13 Denied IFP constitutional-rights due-process fair-trial fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudicial-evidence sixth-amendment Whether the state deprived petitioner of his guaranteed right to a fair trial
18-5545 Carlos David Lopez v. California California 2018-08-10 Denied Response WaivedIFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel mental-health-records plea-bargaining right-to-compulsory-process right-to-confrontation right-to-counsel sixth-amendment Does a trial court's refusal to review privileged mental health records of the complaining witness violate the defendant's Sixth Amendment rights?
18-5488 Eddie Allen Jackson v. United States Sixth Circuit 2018-08-08 Denied Response WaivedIFP 2255-motion due-process habeas-corpus ineffective-assistance-of-counsel judicial-interpretation jurisdiction legal-construction liberal-construction lower-court motion plea-bargaining prejudice pro-se pro-se-pleadings section-2255 standard-of-review Does the lower court violate this Court's directive to liberally construe documents filed pro se when they construe assertion in a §2255 Motion as mer…
18-5481 John K. D. Watson v. Virginia Fourth Circuit 2018-08-07 Denied IFP ' 'colloquy" ' 'due-process" ' 'evidentiary-review' ' 'guilty-plea" ' 'ineffective-assistance-of-counsel" ' 'learning-disability" civil-rights criminal-procedure due-process mental-competency plea-bargaining sentencing Whether a defendant with a learning disability can be accepted a guilty plea without proper allocation, assistance of counsel, and a thorough colloquy…
18-5447 David V. Rock v. Charmaine Bracy, Warden Sixth Circuit 2018-08-06 Denied IFP burden-of-proof constitutional-error due-process enhancement evidence habeas-corpus plea-bargaining plea-validity presumption-of-innocence reasonable-doubt sixth-amendment Whether the presumption of innocence and burden of proof requirements are unconstitutionally repealed in enhancement cases, requiring the defendant to…
18-5418 Kenneth Green v. Colorado Colorado 2018-07-31 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-procedure collateral-attack due-process federal-questions fourth-amendment indigent-defendant march-7-2014 motion plea-bargaining right-to-appeal transcript written-motion Whether the state has constitutional authority to prosecute and accept a guilty plea without a probable cause determination and a voluntary, knowing, …
18-5389 Torrick Johntrelle Rodgers v. United States Fourth Circuit 2018-07-30 Denied Response WaivedIFP exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree fruits-of-poisonous-tree ineffective-assistance-counsel ineffective-assistance-of-counsel plea-bargaining probable-cause prosecutorial-misconduct search-and-seizure search-warrant sentencing warrant Whether the district court should have suppressed all of the fruits of the poisonous tree based upon the found to be corrupted officials and the illeg…
18-5339 Tyron James v. Paul Snyder, Warden, et al. Tenth Circuit 2018-07-25 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel plea-bargaining retroactive-application sixth-amendment strickland-v-washington Whether the 10th Circuit Court of Appeals erred in affirming the conviction and not applying the Santobello decision on counsel's performance retroact…
18-106 John R. Turner v. United States Sixth Circuit 2018-07-24 Denied Amici (6)Relisted (2) circuit-split criminal-procedure dual-sovereignty formal-charges plea-bargaining plea-negotiations pre-charge pre-indictment right-to-counsel sixth-amendment Sixth Amendment right to counsel attaches during pre-charge plea negotiations
18-5256 Brandon Wade Moragne-El v. Pennsylvania Pennsylvania 2018-07-19 Denied IFP constitutional-rights criminal-procedure due-process equal-protection guilty-plea judicial-precedent pennsylvania plea-bargaining plea-withdrawal precedent sentencing supreme-court Does the denial of the Petitioner's Motion to Withdraw his Guilty Plea contradict Precedent case law from the Superior Court of Pennsylvania, the Supr…
18-5281 Vincent Craig Mosley v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP co-defendant compulsory-process confrontation-clause criminal-procedure criminal-trial drug-conspiracy due-process evidence evidence-admission plea-agreement plea-bargaining witness-testimony Whether a criminal defendant is entitled to see the plea agreements of non-testifying co-defendants and admit them into evidence
18-5247 James McCray v. S. L. Burt, Warden Sixth Circuit 2018-07-18 Denied Response WaivedIFP 6th-amendment constitutional-violation criminal-procedure due-process judicial-discretion jury-trial minimum-sentence plea-bargaining reasonable-doubt sentencing-guidelines sixth-amendment Whether the Sixth Circuit decision is objectively unreasonable as a matter of due process, because McCray's sentencing guidelines offense variable(s) …
18-66 Regis Blake Ross v. Arizona Arizona 2018-07-12 Denied constitutional-review criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing federal-review-standards ineffective-assistance plea-bargaining plea-voluntariness post-conviction-relief standard-of-review supreme-court-precedent Did the Arizona courts err in failing to apply the proper federal standard of review for claims of ineffective assistance of counsel, involuntary plea…
18-5183 Christopher M. Holmes v. United States Eighth Circuit 2018-07-10 Denied Response WaivedIFP court-security-officer due-process grand-jury ineffective-assistance-of-counsel plea-bargaining right-to-be-present right-to-confrontation right-to-counsel solitary-confinement standing testimony Whether the standard for ineffective assistance of counsel has been met when court-appointed trial counsel admits that she failed to confer with the c…
18-5156 D'Angelo Battis v. United States Eleventh Circuit 2018-07-09 Denied Response WaivedIFP appellate-procedure civil-procedure constitutional-law due-process eleventh-circuit ineffective-assistance-of-counsel judicial-review plea-bargaining plea-voluntariness pro-se pro-se-brief pro-se-representation sentencing standard-of-review unconstitutional-sentence Whether the Eleventh Circuit Court of Appeals erred in ignoring the petitioner's pro se brief on appeal, affirming the petitioner's unconstitutional s…
18-5114 Nigel L. Faison v. United States Fourth Circuit 2018-07-05 Denied Response WaivedIFP civil-procedure civil-rights criminal-procedure due-process jurisdiction plea-bargaining sentencing sentencing-guidelines standing statutory-interpretation takings Whether the district court erred in accepting the petitioner's guilty plea without a sufficient factual basis, in violation of due process
18-5134 Ronald Raymond Fowlkes v. United States Eighth Circuit 2018-07-05 Denied Response WaivedIFP amendment circuit-split civil-procedure due-process federal-courts federal-magistrates-act habeas habeas-corpus magistrate-judge notice notice-requirement opportunity-to-respond plea-bargaining procedural-rules Whether the Eighth Circuit Court of Appeals erred in failing to find a violation of the petitioner's due process rights when the district court denied…
18-20 Arkadiy Bangiyev v. United States Fourth Circuit 2018-07-03 Denied Response Waived 28-usc-2255 certificate-of-appealability counsel-stipulation criminal-procedure evidentiary-hearing ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing-enhancement sentencing-guidelines sixth-amendment writ-of-certiorari Did the court of appeals err in denying petitioner's motion for a certificate of appealability to review the denial of an evidentiary hearing on petit…
18-5 Dennis Riley v. Ohio Washington 2018-07-02 Denied Response Waived brady-disclosure brady-v-maryland criminal-discovery discovery due-process exculpatory-evidence guilty-plea impeachment-evidence internal-investigations investigative-officer-misconduct plea-bargaining prosecutorial-misconduct whether-defendant-entitled-to-impeachment-or-exculpatory-evidence-after-pleading-guilty
18-5072 Jill M. Evans v. United States Tenth Circuit 2018-07-02 Denied Response WaivedIFP acceptance-of-responsibility burden-on-court-system criminal-procedure due-process efficient-punishment federal-sentencing federal-sentencing-guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines unrelated-offenses Should a defendant receive credit under the acceptance of responsibility guideline for entering a guilty plea, even if alleged to have committed unrel…
18-5047 Keith Lamont Tutt v. United States Fourth Circuit 2018-06-29 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility corporate-liability criminal-procedure-due-process discretion due-process environmental-regulations fair-opportunity officer-responsibility plea-bargaining regulatory-compliance sentencing statutory-interpretation withdraw-guilty-plea withdrawal-of-plea Whether the district court prejudiced the defendant by denying him due process of law and a fair opportunity to be heard concerning his reasons for wa…