| 24-5040 |
Juan Alberto Ortiz-Orellana v. United States |
Fourth Circuit |
2024-07-10 |
Denied |
Relisted (2)IFP |
attempted use but can be committed by accidental means or by fa has as an element the use or threatened use of physical force bodily-injury crime-of-violence felony-murder force-clause mens-rea modified-categorical-approach physical-force premeditated-murder use-of-force |
Under 18 U.S.C. § 924(c)(3)(A), a felony qualifies as a "crime of violence" if it "has as an element the use, at-tempted use, or threatened use of phy… |
| 23-7329 |
Alrick Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-04-29 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel premeditated-murder self-defense sixth-amendment |
I. The United States Supreme Court has held that a state criminal Appellant has Constitutional Right to a fair trial guaranteed by the Due Process Cla… |
| 23-7257 |
Gavin G. Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-04-18 |
Denied |
IFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-notice premeditated-murder self-defense use-of-force witness-testimony |
A) Whether the jury used unreasonable facts to prove a premeditated design. Where there was sufficient [provocation] to find Petitioner not guilty.
B… |
| 21-6367 |
Dacoby Reshard Wooten v. Florida |
Florida |
2021-11-22 |
Denied |
Response WaivedIFP |
alternative-theories criminal-procedure felony-murder first-degree-murder jury-unanimity premeditated-murder sixth-amendment |
Whether the Sixth Amendment requires jury unanimity as to whether a defendant committed premeditated murder or felony murder when the state proceeds o… |
| 20-6438 |
Hector D. Molina v. Robert W. Fox, Warden |
Ninth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-intent criminal-liability due-process fair-trial gang-conspiracy habeas-corpus natural-and-probable-consequences premeditated-murder |
Whether conviction for premeditated murder committed by others while the defendant was incarcerated based on the natural and probable consequences of … |
| 19-6029 |
Frank Jeffs v. Michael Overmyer, Superintendent, State Correctional Institution at Forest, et al. |
Pennsylvania |
2019-09-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process first-degree-murder habeas-corpus jurisdiction premeditated-murder prosecutorial-misconduct self-defense sentencing sentencing-order |
1. Is not the Pennsylvania Supreme Court required in its Per Curiam conclusions of law with respect thereto. If the court finds that...[2] the sentenc… |
| 19-5020 |
Khaleefa Lambert v. Darren Settles, Acting Warden |
Sixth Circuit |
2019-07-01 |
Denied |
IFP |
criminal-procedure felony-murder ineffective-assistance ineffective-assistance-of-counsel murder-conviction prejudice premeditated-murder reasonable-jury sixth-amendment standard-of-review sufficiency-of-evidence trial-counsel |
Did the Sixth Circuit err in denying Petitioner's claim that his trial counsel's performance was so deficient as to prejudice the outcome of the trial… |
| 18-7933 |
Keith Charleston v. Jeffrey Woods, Warden |
Sixth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
4th-amendment 6th-amendment constitutional-rights criminal-procedure-miranda due-process ineffective-assistance-of-counsel ineffective-counsel miranda-rights premeditated-murder probable-cause self-defense self-incrimination warrantless-arrest |
Whether petitioner's statement was unconstitutionally obtained due to intoxication and lack of sleep preventing a knowing and intelligent Miranda waiv… |
| 18-6635 |
Eddie Hampton v. California |
California |
2018-11-08 |
Denied |
IFP |
criminal-procedure criminal-procedure-error felony-murder first-degree-murder jury-instruction jury-instructions murder natural-and-probable-consequence natural-probable-consequence prejudice-standard premeditated-murder standard-of-prejudice |
Where she jury was erroneously instrycted on (a) Murder as a natural and presbable consequence per peopie vs chiu 39 cal 4th $35 172 cad Rotr 3d 438 3… |