| 25A705 |
Charles Albert Massey v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2025-12-17 |
Application |
|
confrontation-clause criminal-procedure cross-examination hearsay-evidence preliminary-hearing sixth-amendment |
Whether the admission of a preliminary hearing testimony of a deceased witness, who was unavailable for cross-examination on a subsequently added crim… |
| 25-5777 |
In Re Tyrone Moore |
|
2025-10-02 |
Denied |
IFP |
constitutional-rights due-process evidence-suppression judicial-misconduct law-enforcement-misconduct preliminary-hearing |
1. Why did the Las Vegas Metropolitan Police Department (LVMPD), Clark County District Court, District Attorney's office and Prosecutors office violat… |
| 24-7156 |
Michael S. Main v. Illinois |
Illinois |
2025-05-07 |
Denied |
Response WaivedIFP |
defendant-rights ineffective-assistance judicial-recusal post-conviction preliminary-hearing procedural-due-process |
Whether a judge should have recused himself in a post-conviction petition, and whether a defendant has the right to an effective preliminary inquiry w… |
| 24A718 |
Kai D. Ingram v. Pennsylvania Board of Probation and Parole, et al. |
Third Circuit |
2025-01-21 |
Presumed Complete |
|
constitutional-rights due-process fourteenth-amendment habeas-corpus parole-revocation preliminary-hearing |
Whether a state parole board's failure to provide a preliminary hearing within fourteen days of a parole revocation arrest violates a parolee's proced… |
| 24-5960 |
Christopher Patrick McGowan v. Pennsylvania |
Pennsylvania |
2024-11-13 |
Denied |
Relisted (2)IFP |
fifth-amendment fourteenth-amendment fourth-amendment grand-jury preliminary-hearing probable-cause |
Did the Franklin County Court of Common Pleas violate the petitioner's Fourth, Fifth, and Fourteenth Amendment rights through improper judicial proced… |
| 24A366 |
Angela Dubose v. United States, et al. |
Eleventh Circuit |
2024-10-18 |
Presumed Complete |
|
discovery-stay due-process injunction judicial-procedure preliminary-hearing vexatious-litigant |
Whether a district court can indefinitely stay discovery without a hearing and without providing an opportunity for the plaintiff to gather necessary … |
| 23-7271 |
Arthur Lomax v. Colorado |
Colorado |
2024-04-19 |
Denied |
Relisted (2)IFP |
14th-amendment civil-rights constitutional-rights due-process fair-trial felony-prosecution grand-jury indictment preliminary-hearing subject-matter-jurisdiction |
Whether a state's 'Bill of Rights' requiring felony prosecution only by indictment is consistent with the state's 'uniformity of laws clause' and the … |
| 23A526 |
Jacob Smith v. Nethanjah Breitenbach, Warden, et al. |
Ninth Circuit |
2023-12-11 |
Presumed Complete |
|
constitutional-right criminal-procedure faretta-right preliminary-hearing self-representation sixth-amendment |
Whether the Sixth Amendment right to self-representation established in Faretta applies to preliminary hearings in state criminal proceedings |
| 23-5885 |
Donald Lee Kissner v. Heidi E. Washington, Director, Michigan Department of Corrections, et al. |
Sixth Circuit |
2023-10-25 |
Dismissed |
Response WaivedIFP |
civil-rights collateral-consequences constitutional-rights criminal-procedure due-process fact-finding-hearing judicial-discretion parole-revocation preliminary-hearing procedural-error |
Did the Sixth Circuit Court of Appeals abuse its discretion when it claimed Mr. Bissner's appeal was frivolous? |
| 22-7335 |
Enrique Holguin v. United States |
Ninth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-standards expert-testimony judicial-discretion law-enforcement preliminary-hearing preliminary-proceedings trial-procedure |
Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t… |
| 22-6661 |
Brent Allen Morris v. Oklahoma |
Oklahoma |
2023-02-01 |
Denied |
Response RequestedRelisted (2)IFP |
amendment-of-charges assault-and-battery due-process intent-to-kill jury-instructions preliminary-hearing |
Whether the trial court's amendment of the charge against the petitioner from 'Assault and Battery with Intent to Kill' to 'Assault and Battery with F… |
| 22-450 |
Gregory Shields, Sr. v. Kentucky |
Kentucky |
2022-11-15 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (2) |
confrontation-clause constitutional-standard crawford-v-washington cross-examination due-process preliminary-hearing state-court-division state-court-split witness-testimony |
When, if ever, does a preliminary hearing provide an 'adequate opportunity' for cross-examination under the Confrontation Clause? |
| 21-8081 |
Moses Clark v. California |
California |
2022-06-07 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-violation criminal-procedure double-jeopardy due-process fourteenth-amendment fourth-amendment habeas-corpus plea-agreement preliminary-hearing prosecutorial-misconduct |
Whether the state court violated the defendant's Fourth Amendment rights by bringing the defendant before the magistrate within 48 hours after arrest |
| 21-7165 |
Bernard Middleton v. Brittany Greene, Warden |
Seventh Circuit |
2022-02-22 |
Denied |
IFP |
4th-amendment 5th-amendment amendment-violations article-1-section constitutional-violations dismissal-without-prejudice dismissals-without-notification due-process federal-courts preliminary-hearing |
Whether the federal courts erred in denying the petition for writ of certiorari despite the petitioner's claims of due process violations, lack of pre… |
| 21-6689 |
Daniel Lawrence McGarry v. California |
California |
2021-12-21 |
Denied |
IFP |
criminal-procedure preliminary-hearing probable-cause sixth-amendment speedy-trial state-criminal-proceeding |
Whether the Sixth Amendment right to a speedy trial attaches to a preliminary hearing in a state criminal proceeding |
| 21-6541 |
Jesus Corona v. James Hill, Acting Warden |
Ninth Circuit |
2021-12-07 |
Denied |
Response WaivedIFP |
criminal-procedure habeas-corpus preliminary-hearing presumption-of-vindictiveness prima-facie-case procedural-default prosecutorial-discretion sentencing vindictive-prosecution |
Does a criminal defendant state a prima facie case of vindictive prosecution, triggering a presumption of vindictiveness, when the day after he succee… |
| 21-5238 |
Deyaa Khalill v. W. L. Montgomery, Warden |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure cross-examination due-process preliminary-hearing sixth-amendment |
Whether the admission of preliminary hearing testimony violates a criminal defendant's Sixth Amendment right to confrontation |
| 20-1649 |
Ronald Jeremy Hyatt v. California |
California |
2021-05-26 |
Denied |
|
confrontation-clause due-process effective-assistance-of-counsel fourteenth-amendment preliminary-hearing sixth-amendment witness-disclosure |
Whether the prosecution may refuse to disclose the names and address of the 23 victims and additional witnesses it intends to call at petitioner's pre… |
| 20-6397 |
Douglas Cornejo v. Christian Pfeiffer, Warden |
Ninth Circuit |
2020-11-20 |
Denied |
Response WaivedIFP |
brady-disclosure brady-evidence confrontation-clause criminal-procedure cross-examination due-process preliminary-hearing prosecutorial-misconduct right-to-present-defense witness-testimony |
Should a COA Have Been Granted to Decide If the Prosecutor's Failure to Disclose Brady Evidence Deprived Cornejo of His Right to Confront and Cross-Ex… |
| 19-7513 |
Omar Smith v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2020-02-03 |
Denied |
IFP |
6th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing severance suppression-of-evidence trial-procedure trial-severance virginia-supreme-court witness-testimony |
Whether the Virginia Supreme Court erred in its rulings on ineffective assistance of counsel claims |
| 19-6924 |
William D. Thomas v. Mark McCullick, Warden |
Sixth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
bail civil-procedure confrontation confrontation-clause criminal-procedure due-process eyewitness-identification identification indictment officer-activity police-conduct preliminary-hearing warrant-inquiry whether a state's failure to meet the reciprocal r |
Whether an identification resulting from a show-up confrontation during a preliminary hearing raised by prior police activity is sufficient to warrant… |
| 19-6031 |
In Re Keith E. Doyle |
|
2019-09-23 |
Denied |
Response WaivedIFP |
constitutional-intent due-process habeas-corpus judicial-recusal montana-constitution preliminary-hearing recusal stare-decisis state-constitution unlawful-conviction |
Whether the Montana Supreme Court violated the petitioner's due process rights by denying the right to habeas corpus to challenge an unlawful convicti… |
| 19-5650 |
James Michael Williams v. Daniel Paramo, Warden, et al. |
Ninth Circuit |
2019-08-20 |
Denied |
Relisted (2)IFP |
brady-violations certificate-of-appealability due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing prosecutorial-misconduct second-jury-trial |
Whether the Ninth Circuit U.S. Court of Appeals erred in denying Certificate of Appealability to Petitioner |
| 18-9239 |
Dale Shoop v. Ralph Terry, Acting Warden |
Fourth Circuit |
2019-05-13 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel preliminary-hearing right-to-testify sixth-amendment victim-testimony witness-impeachment witness-presence witness-testimony |
Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated |
| 18-9093 |
James M. Ferguson v. Pelicia E. Hall, Commissioner, Mississippi Department of Corrections, et al. |
Fifth Circuit |
2019-05-02 |
Denied |
IFP |
amendment civil-rights due-process effective-assistance-of-counsel indictment notice preliminary-hearing right-to-notice-of-charges right-to-prepare-defense |
Whether the defendant received effective assistance of counsel when his attorney failed to request a preliminary hearing, which would have exposed the… |
| 18-7528 |
In Re Keith E. Doyle |
|
2019-01-23 |
Denied |
IFP |
13th-amendment 14th-amendment adversarial-hearing constitutional-intent due-process fourteenth-amendment indictment indictment-by-information information-document intent-of-delegates judicial-procedure montana-constitution preliminary-examination preliminary-hearing void-proceedings |
Did the district court judge violate my right to Due Process of Law, factually loose jurisdiction, and create void proceedings? |
| 18-492 |
David Souza v. California |
California |
2018-10-17 |
Denied |
Response Waived |
berger-standard berger-v-united-states constitutional-rights due-process false-testimony fourteenth-amendment napue-v-illinois napue-violation preliminary-hearing pretrial-proceedings prosecutorial-misconduct |
Does the state prosecutor's failure to acknowledge and correct false/misleading testimony at a preliminary hearing violate due process? |
| 18-6060 |
James Chavez v. Robert LeGrand, Warden, et al. |
Ninth Circuit |
2018-09-20 |
Denied |
Response WaivedIFP |
confrontation-clause crawford-precedent crawford-v-washington cross-examination hearsay-exception preliminary-hearing sixth-amendment testimonial-statements witness-unavailability |
Whether a prosecution can admit prior testimonial statements, including a video-taped interview, of a witness that died prior to trial and where defen… |
| 18-5783 |
Robert A. Cotton v. County of San Bernardino, California, et al. |
Ninth Circuit |
2018-08-28 |
Denied |
IFP |
brady-evidence brady-v-maryland brady-violation civil-rights criminal-procedure due-process issue-preclusion judicial-immunity jury-trial manuel-v-city-of-joliet ninth-circuit preliminary-hearing qualified-immunity self-defense |
Was the Ninth Circuit's affirmance of the dismissal based on issue preclusion in violation of Manuel v. City of Joliet? |
| 18-5143 |
Robert Graham v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset, et al. |
Third Circuit |
2018-07-05 |
Denied |
IFP |
admissibility batson-vs-kentucky criminal-procedure due-process fingerprinting fingerprinting-expert identification identification-testimony preliminary-hearing reliability trial-evidence witness-credibility |
Is an in-court identification of the defendant as the robber admissible at trial in the absence of a due process hearing to first determine the reliab… |