prejudicial-error

24 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5355 Darius Leigh Gilkey v. Sherman Campbell, Warden Sixth Circuit 2024-08-21 Denied Response WaivedIFP attorney-client-communication due-process ineffective-assistance prejudicial-error right-to-counsel sixth-amendment Whether a breakdown in attorney-client communication constitutes a Sixth Amendment violation of the right to counsel and whether ineffective assistanc…
23-6447 Samuel Sherman v. United States Eighth Circuit 2024-01-10 Denied Response WaivedIFP confrontation-clause confrontation-right criminal-joinder criminal-procedure prejudice prejudicial-error rule-14 rule-14-procedure sixth-amendment zafiro-precedent zafiro-v-united-states Whether the lower courts misapplied this Court's holding in Zafiro v. United States
23-5440 Roman Andreyevich Glukhoy v. California California 2023-08-25 Denied Response WaivedIFP appellate-review chapman-standard chapman-v-california criminal-procedure harmless-error jury-instructions legal-theory prejudice prejudicial-error standard-of-review When a defendant is convicted after a trial court instructs a jury on two theories of guilt, one of which is legally correct and one legally incorrect…
22-7499 Judy Thorpe v. Rosemarie Cipparulo, et al. New Jersey 2023-05-09 Denied Response WaivedIFP appellate-procedure appellate-review civil-procedure court-certification due-process equitable-review judicial-review legal-review manifest-error prejudicial-error trial-court-decision Whether it was manifest error and significantly prejudicial for the Supreme Court of New Jersey to Deny Certification and Not Fairly and Equitably Rev…
22-7267 Lloyd Leslie Kindred v. T. Cisneros, Warden Ninth Circuit 2023-04-13 Denied IFP 6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment Whether the 6th Amendment of the U.S. Constitution was violated by the state court's finding that the petitioner's trial counsel was reasonably effect…
22-6807 Antonio McGhee v. Maryland Maryland 2023-02-16 Denied IFP appellate-standard civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance juvenile-justice post-conviction prejudicial-error retroactivity sentencing Whether the post-conviction court erred in concluding that the petitioners were not entitled to relief under the Court's opinion in Miller v. Alabama
21-7767 Michael Don Billups v. United States Fifth Circuit 2022-05-04 Denied Response WaivedIFP advisory-opinions appellate-review district-court federal-sentencing judicial-discretion prejudice prejudicial-error sentencing-guidelines standard-of-review Whether courts of appeals evaluating the prejudicial effect of a Guideline error must accept a district court's claim that the Guidelines exerted no i…
21-7662 Michael Wayne Cook v. United States Fifth Circuit 2022-04-20 Denied Response WaivedIFP advisory-opinions appellate-review district-court district-court-discretion federal-sentencing judicial-standard prejudice prejudicial-error sentencing-guidelines Whether courts of appeals evaluating the prejudicial effect of a Guideline error must accept a district court's claim that the Guidelines exerted no i…
21-1080 Jacky Scott Garrett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-04 Denied capital-murder constitutional-review extraneous-offense-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudicial-error standard-of-review strategic-decision trial-strategy Whether trial counsel's inadvertent act was 'strategic'
21-6259 Shelly Margaret Arndt v. Deborah Jo Wofford, Superintendent, Washington Corrections Center for Women Ninth Circuit 2021-11-12 Denied Response WaivedIFP circuit-split constitutional-provisions discretionary-power due-process internet-research judicial-discretion juror-misconduct prejudicial-error remmer statutory-provisions verdict-integrity Whether a lower court can rule that a verdict was not affected by juror misconduct when the exact websites and content viewed by the juror are unknown…
20-8051 Lucas Kenneth Sabatino v. United States Fourth Circuit 2021-05-18 Denied Response WaivedIFP criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-capacity prejudicial-error sixth-amendment trial-strategy Whether defense counsel committed prejudicial ineffective assistance of counsel by failing to raise issues relating to defendant's mental capacity at …
20-1190 Richard D. Simmons v. Denis R. McDonough, Secretary of Veterans Affairs Federal Circuit 2021-02-26 Denied Amici (1)Response Waived administrative-law agency-action agency-deference article-1-legislative-power chenery-doctrine chenery-rule constitutional-delegation due-process judicial-review prejudicial-error Must a court, when taking due account of the rule of prejudicial error on review of agency action, comport with Chenery?
20-6516 Eric Dynell McGadney v. United States Eleventh Circuit 2020-12-03 Denied Response WaivedIFP appellate-review criminal-procedure eleventh-circuit judicial-discretion molina-martinez per-se-rule prejudice prejudicial-error sentencing-error sentencing-framework sentencing-guidelines Whether a sentencing court's statement that it would have imposed the same sentence regardless of the Guidelines creates a per se rule that a miscalcu…
20-6411 Miguel A. Ramirez v. California California 2020-11-24 Denied IFP civil-rights criminal-conviction criminal-procedure cumulative-error defendant-rights due-process evidence-admissibility jury-instructions prejudicial-error sexual-abuse Whether the trial court's instructions on continuous sexual abuse were prejudicial
20-6157 Pedro Hernandez v. United States Ninth Circuit 2020-10-28 Denied Response WaivedIFP constitutional-rights criminal-procedure district-court due-process motion-to-dismiss prejudicial-error sixth-amendment Did the district court prejudicially err denying petitioner's motion to dismiss based on Sixth Amendment violations?
20-5235 Michael D. Bikundi, Sr. v. United States District of Columbia 2020-07-31 Denied Response WaivedIFP criminal-procedure discovery district-court due-process federal-rule-criminal-procedure harmless-error legal-obligation material-violation prejudice prejudicial-error sanction sanctions Whether a district court has an obligation to impose a meaningful sanction for a material and highly prejudicial violation of Federal Rule of Criminal…
19-8836 Bobby Ray Culpepper v. Texas Texas 2020-06-26 Denied IFP civil-rights constitutional-rights due-process fair-trial judicial-bias judicial-error legal-remedy prejudicial-error standing structural-error trial-procedure Was Petitioner Denied a Fair Trial, or was Petitioner's Trial a Result of Structural Errors of Due Process
19-7367 Adalberto Magana-Gonzalez v. United States Ninth Circuit 2020-01-22 Denied Response WaivedIFP border-patrol confrontation-clause drug-smuggling expert-testimony hearsay prejudicial-error sixth-amendment witness-testimony Whether the district court committed prejudicial error under the Sixth Amendment when it permitted a DEA agent to tell the jury what a Border Patrol a…
19-7089 Jonathan Cruz-Ramirez v. United States Ninth Circuit 2019-12-30 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process evidence evidence-admission fifth-amendment first-amendment juvenile-evidence prejudice prejudicial-error sixth-amendment Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w…
19-6456 Geoffrey Baggett v. M. Eliot Spearman, Warden Ninth Circuit 2019-10-31 Denied Response WaivedIFP civil-rights confession-suppression custodial-interrogation due-process miranda-rights police-interrogation police-tactics prejudicial-error prejudicial-evidence right-to-counsel self-incrimination Whether petitioner's confession should have been excluded from evidence because petitioner was the victim of misleading tactics leading up to being ad…
19-5231 James D. Thomas, Jr., aka Wayne Thomas v. New York New York 2019-07-18 Denied IFP appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court Whether the People failed to establish beyond a reasonable doubt that Jones Thomas Knowingly Possessed the Cocaine?
18-7056 David Leonard Johnson v. California California 2018-12-14 Denied IFP california-law criminal-law criminal-procedure criminal-procedure-lesser-included-offense descamps-standard due-process jury-instructions lesser-included-offense prejudicial-error prior-convictions receiving-stolen-property robbery Is the crime of receiving stolen property a lesser included offense of robbery, and if so, was the trial court's failure to instruct on receiving stol…
18-6593 Sigifredo Molina-Varela v. United States Tenth Circuit 2018-11-07 Denied Response WaivedIFP constitutional-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel motion-for-severance prejudice prejudicial-error right-to-counsel severance sixth-amendment Did the defense counsel's failure to file a motion for severance create a significant prejudice against the petitioner thereby constituting ineffectiv…
18-5427 Monclaire Saint Louis v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP criminal-procedure curative-instruction curative-instructions due-process evidence jury-bias jury-instructions kidnapping prejudice prejudicial-error rape witness-testimony Whether witness testimony about a rape committed by someone other than the defendant during a kidnapping creates prejudice that cannot be overcome by …