propensity-evidence

40 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6977 Basilio Jim Diaz v. United States Eleventh Circuit 2026-03-06 Pending Response WaivedIFP character-evidence child-pornography federal-rules-of-evidence propensity-evidence rule-403 rule-404(b) 1. Whether Federal Rule of Evidence 404(b) permits the government, in a prosecution for accessing child pornography with intent to view, to introduc…
25-6953 David Bert Paycer v. United States Tenth Circuit 2026-03-04 Pending Response WaivedIFP child-molestation federal-rules-of-evidence jury-instructions preponderance-of-evidence propensity-evidence rule-414 Whether a defendant against whom Rule 414 evidence is admitted is entitled, upon request, to an instruction directing the jury to consider that eviden…
25-573 Donald J. Trump, President of the United States v. E. Jean Carroll Second Circuit 2025-11-13 Pending Amici (5)Relisted (7) evidence-rules propensity-evidence rule-403 rule-404b rule-413 rule-415 I. Whether Federal Rule of Evidence 415 overrides Rule 403's requirement to balance the probative value of temporally remote propensity evidence again…
25-5679 Lewis Anderson v. California California 2025-09-18 Denied Relisted (2)IFP constitutional-rights deadly-weapon due-process evidence-admission propensity-evidence trial-procedure A. SHOULD UNITED STATES SUPREME COURT GRANT CERTIORARI REVIEW ON ASSAULT WITH DEADLY WEAPON CHARGE AND VACATE STATE'S COURT'S CONVICTION ON PROPENSITY…
25-5533 Stanton Guillory v. United States Fifth Circuit 2025-09-03 Denied Response WaivedRelisted (2)IFP circuit-split criminal-procedure evidence-admissibility propensity-evidence rule-404b witness-testimony Federal Rule of Evidence 404(b) prohibits the use of a defendant's other bad acts to argue he has a propensity to commit a crime. The Government never…
25-5155 Luis Payano-Perez v. United States Third Circuit 2025-07-21 Denied Response WaivedIFP evidence-admissibility evidentiary-purpose inference-chain propensity-evidence rule-404b trial-court-discretion 1. Whether a trial court, in admitting evidence under Federal Rule of Evidence 404(b), must explicitly articulate the "chain of inferences" it relied …
24A710 Mitchelle Derwin Robinson v. United States Eleventh Circuit 2025-01-17 Presumed Complete admissibility-of-evidence criminal-procedure drug-trafficking evidence-rule-404b knowledge-and-intent propensity-evidence Question not identified.
24-6313 Eric St. George v. Jason Lengerich, Warden, et al. Tenth Circuit 2025-01-15 Denied IFP criminal-procedure due-process evidence-admission fourteenth-amendment fundamental-fairness propensity-evidence Does the admission of evidence that a criminal defendant possesses guns, weapons that are -'totally unrelated to the criminal allegation against him, …
24-5519 Matthew Peddicord v. United States Eleventh Circuit 2024-09-11 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-procedure evidence-admissibility prior-bad-acts propensity-evidence rule-404b Whether evidence of prior bad acts is admissible under Rule 404(b) where its relevance to a proper purpose depends on propensity reasoning.
23-7174 Richard Lee David Brown v. United States Eighth Circuit 2024-04-09 Denied IFP appellate-review constitutional-challenge criminal-procedure defense-instruction drug-convictions due-process evidence jury-instructions plain-error prior-convictions propensity-evidence 1. Whether the admission of two prior drug convictions for the purpose of arguing in closing that "[t]he defendant possessed that crack cocaine, and h…
23-6489 Robert E. Harrison v. United States Eighth Circuit 2024-01-17 Denied Response WaivedIFP circuit-split criminal-procedure evidence evidence-admissibility intent-knowledge prior-bad-acts prior-conviction propensity-evidence rule-404(b) rule-404b statutory-interpretation supreme-court 1. Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the governmen…
23A396 Robert E. Harrison v. United States Eighth Circuit 2023-11-01 Presumed Complete criminal-procedure due-process evidence-rule-404b jury-trial prior-conviction propensity-evidence Question not identified.
23-5762 Isaiah Whitefox Redbird v. United States Tenth Circuit 2023-10-11 Denied Response WaivedIFP where context made the basis of his objection to criminal-procedure evidence-preservation federal-rules-of-evidence plain-error-review preservation-requirement propensity-evidence tenth-circuit Did the Tenth Circuit incorrectly hold that Mr. Redbird's claim was not preserved, where context made the basis of his objection to exclude the prosec…
23-5332 Tamara Jeune, aka Tamara Voltaire v. United States Eleventh Circuit 2023-08-10 Denied IFP circuit-court-split circuit-split evidence-rule federal-rules-of-evidence judicial-interpretation prejudice probative-value propensity-evidence rule-404(b) trial-procedure How are the courts to properly apply Fed. R. Evid. 404(b)? Should they apply the Third Circuit's more substantive approach which requires a close conn…
22-7663 Aaron David Waldon v. Oklahoma Oklahoma 2023-05-30 Denied IFP constitutional-rights due-process evidence-admission fair-trial horn-v-state prejudicial probative propensity-evidence sexual-assault trial-court-discretion I. THE TRIAL COURT ABUSED ITS DISCRETION BY ALLOWING THE ADMISSION OF EVEIDENCE OF A RECORDING BELIEVED TO BE PETITIONER AND AN UNKNOWN MALE AS PROPEN…
22-839 Daniel Greer v. Connecticut Connecticut 2023-03-03 Denied Response Waived constitutional-law criminal-procedure due-process evidence jury-instructions propensity propensity-evidence sex-crimes sexual-misconduct Is the Due Process Clause violated when a jury at a sex crimes trial is instructed that evidence of uncharged sexual misconduct "is admissible and may…
22-6581 John Krasley v. United States Third Circuit 2023-01-19 Denied Response WaivedIFP admissibility-standard circuit-split criminal-procedure defendant's-other-bad-acts evidence-rule federal-rules-of-evidence propensity-evidence rule-404(b) third-party-acts The Third Circuit, deepening a mature circuit split regarding the scope of Federal Rule of Evidence 404(b), and its prohibition against propensity evi…
22-5691 Meamen Jean Nyah v. United States Eighth Circuit 2022-09-28 Denied Response WaivedIFP circuit-split criminal-procedure evidence-rule-404b federal-rules-of-evidence firearms firearms-case judicial-interpretation prior-bad-acts propensity-evidence Whether Federal Rule of Evidence 404(b) should be construed, contrary to its purpose and history, as a rule of inclusion resulting in certain admissib…
21-6463 William Martin Cresham v. California California 2021-11-30 Denied Response WaivedIFP constitutional-rights criminal-procedure domestic-violence due-process evidence evidence-law prior-acts propensity propensity-evidence This case presents the question this Court acknowledged was "left open" in Estelle v. McGuire, 502 U.S. 62, 75, fn. 5 (1991): "whether a state law wou…
21-6396 Tamara Jeune v. United States Eleventh Circuit 2021-11-23 Dismissed IFP circuit-court-conflict circuit-split criminal-procedure criminal-propensity evidence-admissibility federal-rules-of-evidence prejudice prior-bad-acts probative-value propensity-evidence How are the courts to properly apply Fed. R. Evid. 404(b)? Should they apply the Third Circuit's more substantive approach which requires a close conn…
20-8143 Merwin Smith v. United States Eighth Circuit 2021-05-26 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-law criminal-prosecution evidence evidence-rule-404b federal-prosecution federal-rules-of-evidence gun-possession prior-convictions propensity-evidence rule-404(b) Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the government c…
20-7978 Todd Alan Winkler v. California California 2021-05-10 Denied Response WaivedIFP constitutional-rights criminal-trial due-process evidence fourteenth-amendment fundamental-fairness inflammatory-propensity propensity-evidence Did the California Court of Appeal err when it concluded that inflammatory propensity evidence, pervasively used and erroneously admitted in the petit…
20-7697 Matthew Berckmann v. United States Ninth Circuit 2021-04-09 Denied Response WaivedIFP criminal-procedure due-process evidence-rule evidence-rule-404(b) evidentiary-standard federal-rules-of-evidence motive-opportunity-intent propensity-evidence rule-404b same-victim victim-testimony Whether other act evidence under Rule 404(b) that involves the same "victim" (alcoholic husband and wife who fight after drinking too much) is automat…
20-5560 Briand Daniel Fechner v. United States Eighth Circuit 2020-09-03 Denied Response WaivedIFP child-pornography criminal-procedure due-process eighth-circuit evidence evidentiary-rules propensity-evidence prosecutorial-misconduct search-and-seizure sixth-circuit (1) Whether the prosecution may introduce child pornography videos at trial that were not found on the defendant's devices, but found in an outside in…
19-8588 Robert Donelson v. United States Eleventh Circuit 2020-06-02 Denied IFP 404(b) circuit-split criminal-case criminal-procedure defendant-rights evidence-rule federal-rules federal-rules-of-evidence prior-act-evidence propensity-evidence propensity-free-link Whether Federal Rule of Evidence 404(b)'s prohibition against prior act evidence requires the government to demonstrate a propensity-free link between…
19-8380 Samory Azikiwe Monds v. United States Eighth Circuit 2020-04-29 Denied Response WaivedRelisted (2)IFP admissibility circuit-split controlled-substances criminal-procedure evidence evidence-rule federal-rule prior-bad-acts propensity-evidence Whether Federal Rule of Evidence 404(b) should be construed, contrary to its purpose and history, as a rule of inclusion resulting in certain admissib…
19-6977 Samuel T. Pitts v. Florida Florida 2019-12-17 Denied Response WaivedIFP adult-victims character-evidence constitutional-rights due-process equal-protection propensity-evidence sexual-battery sexual-offenses Whether constitutional equal protection and due process principles require that a defendant charged with a sexual offense on an adult alleged victim b…
19-6000 Kevin Kelley v. Illinois Illinois 2019-09-20 Denied IFP compulsory-process constitutional-rights criminal-procedure due-process evidence evidence-rules propensity-evidence sixth-amendment trial-court-error witness-testimony Whether the state trial court erred in admitting the testimony of two witnesses for the purpose of showing the defendant's propensity to commit the ch…
19-5970 Murad Razzaq v. Kansas Kansas 2019-09-17 Denied Response WaivedIFP criminal-evidence criminal-procedure defendant-rights due-process due-process-clause evidence evidentiary-rules prior-bad-acts prior-crimes propensity-evidence state-prosecution state-supreme-courts unrelated-crimes Does a state violate a defendant's due process rights by admitting evidence of a prior, unrelated crime?
19-213 Charles Fischer v. Texas Texas 2019-08-19 Denied Response Waived appellate-review character-evidence constitutional-law criminal-conviction criminal-law due-process propensity-evidence propensity-inference statutory-interpretation texas-court-of-appeals texas-statute Whether the Due Process Clause is offended by a statute that authorizes criminal convictions on the basis of character conformity and propensity.
19-141 Jeffrey Fairbanks v. Indiana Indiana 2019-07-30 Denied Response Waived criminal-conviction criminal-procedure due-process evidence evidentiary-rules ex-post-facto judicial-construction jury jury-instructions propensity-evidence reasonable-doubt vague-statute vagueness 1. Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity evi…
19-5 Luis Arnaldo Baez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-06-28 Denied burden-of-proof constitutional-rights criminal-procedure due-process extraneous-evidence jury-instruction jury-trial limiting-instruction propensity-evidence 1. Whether a jury instruction that permits conviction on proof of extraneous and propensity evidence, rather than on proof of all of the elements of a…
18-9774 Hsiu Ying Lisa Tseng v. California California 2019-06-24 Denied Response WaivedIFP constitutional-law criminal-procedure due-process estelle-v-mcguire evidence federal-due-process fourteenth-amendment prior-act-evidence propensity-evidence state-trial Whether this Court should finally decide that the admission of irrelevant prior act evidence in a state trial that amounts to nothing more than propen…
18-9712 Noe Juarez v. United States Fifth Circuit 2019-06-18 Denied Response WaivedIFP conspiracy conspiracy-law criminal-procedure deliberate-ignorance due-process evidence evidence-404(b) evidence-rule-404b jury-instructions new-trial propensity propensity-evidence prosecutorial-misconduct (1) What is the proper framework for determining whether a prosecutor's improper propensity-based arguments related to 404(b) evidence warrant a new t…
18-9505 Antonio Parra Perez v. Texas Texas 2019-05-31 Denied IFP character-evidence criminal-procedure due-process prior-bad-acts propensity-evidence sex-crimes unconstitutional-as-applied unfair-prejudice 1. Is Texas Code of Criminal Procedure Article 38.37 §2 , which permits evidence of prior bad acts to prove the character and propensity of a defend…
18-1379 Jeremy J. Godwin v. David Davey, Warden Ninth Circuit 2019-05-02 Denied Response Waived 14th-amendment 5th-amendment certificate-of-appeal constitutional-rights due-process fair-trial habeas-corpus prior-bad-acts prior-conviction profile-evidence propensity-evidence Was the decision of the Ninth Circuit to deny a Certificate of Appeal pursuant to 28 U.S.C. § 2253(c) under the standards set forth in Miller-El v. Co…
18-8048 Darnell D. Owens v. United States Sixth Circuit 2019-02-21 Denied Response WaivedIFP constitutional-interpretation criminal-history due-process federal-law historical-practice judicial-discretion propensity-evidence sixth-amendment sixth-circuit supervised-release Relying on historical practice dating back to English cases in the seventeenth century, the courts of appeals had consistently held that relying on a …
18-6485 Richard Elliott Cain v. Washington Washington 2018-10-29 Denied IFP 6th-amendment character-evidence constitutional-rights criminal-procedure criminal-procedure-evidence due-process evidence fair-trial jury-instruction jury-instructions propensity-evidence search-warrant WHETHER THE TRIAL COURT ERRED IN FAILING TO GIVE THE JURY A LIMITING INSTRUCTION AFTER PERMITTING CHARACTER AND PROPENSITY EVIDENCE TO BE INTRODUCED A…
18-6337 Travis W. Williams v. Missouri Missouri 2018-10-16 Denied Response WaivedIFP burden-of-proof child-sex-offense criminal-procedure due-process federal-rules-of-evidence fourteenth-amendment mo-const-art-i-18c presumption-of-innocence propensity-evidence Whether the Fourteenth Amendment's Due Process Clause prohibits evidence that the defendant has an unrelated remote prior child sex offense conviction…
18-6176 Michael Lucero v. California California 2018-10-02 Denied IFP 6th-amendment confrontation-clause constitutional-rights criminal-evidence criminal-procedure domestic-violence due-process evidence fourteenth-amendment prior-acts propensity propensity-evidence This case presents the question this Court acknowledged was "left open" in Estelle v. McGuire, 502 U.S. 62, 75, fn. 5 (1991): "whether a state law wou…