prosecutor

12 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-1193 Favion Lara v. Nebraska Nebraska 2024-05-06 Denied Response Waived breach-of-agreement criminal-procedure due-process government-breach plea-agreement police prosecutor prosecutorial-promise sentencing Where a plea agreement includes the prosecutor's promise that the State will recommend a particular sentence, does a police officer's recommendation o…
22-7749 Alen Dean O'Bryant v. Oklahoma Oklahoma 2023-06-09 Denied IFP conflict-of-interest due-process fourteenth-amendment judicial-bias judicial-ethics prosecutor prosecutorial-misconduct recusal trial-judge Did former Judge Henderson's secret extramarital affair create an unconstitutional potential for bias?
22-6216 Jonny Shineflew v. United States Ninth Circuit 2022-12-05 Denied Response WaivedRelisted (2)IFP criminal-procedure guideline-offense integrated-agreement plea-agreement prosecutor prosecutorial-discretion sentencing sentencing-enhancement sentencing-guidelines Whether an integrated plea agreement allows the prosecutor to go outside that agreement and urge a sentencing enhancement not integrated into the Agre…
22-6154 In Re Lyle R. Harrison 2022-11-28 Denied IFP 14th-amendment civil-rights confrontation-clause due-process illinois-supreme-court judge judicial-misconduct police-reports prosecutor speedy-trial Whether due process allows the Denial of Speedy Trial
20-1401 James Dennis v. Virginia Virginia 2021-04-06 Denied Response Waived confrontation-clause constitutional-rights cruel-and-unusual-punishment due-process false-evidence fifth-amendment first-amendment fourteenth-amendment prosecutor prosecutorial-misconduct Does any Court have the authority to extinguish a defendant's due process rights via the Fifth and Fourteenth Amendment by allowing the prosecutor to …
20-7169 Lawrence Nunley v. Richard Brown Seventh Circuit 2021-02-19 Denied Response WaivedIFP child-witness criminal-trial evidence-admission ineffective-assistance ineffective-assistance-of-counsel judicial-error prosecutor structural-error testimony trial-counsel witness-testimony Was trial counsel ineffective for silently acquiescing to the structural error, allowing undue emphasis to be placed on the critical testimony, and gu…
20-5838 Daryl Dude Nelson v. Mike Brown, Acting Warden Sixth Circuit 2020-09-29 Denied IFP circuit-court-review district-court due-process ex-parte-proceeding fact-finding fraud-on-the-court judicial-oversight legal-authority prosecutor prosecutorial-fraud relief-from-judgment Did the Circuit Court commit a reversible error and grossly violate petitioner's Due Process when it (1) overlooked the district court's fact-finding …
19-8682 Charles Ray Fulmer v. United States Fifth Circuit 2020-06-12 Denied Response WaivedIFP criminal-procedure due-process judicial-review plea-agreement prosecutor prosecutorial-discretion sentencing upward-departure variance Whether due process requires remand for specific performance of a plea agreement or, in the alternative, remand for determination of the full terms of…
19-8396 Robert R. Hill v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-05-05 Denied IFP certificate-of-appealability conflict-of-interest due-process fourteenth-amendment prosecutor prosecutorial-misconduct trial-judge Whether the district court and the third circuit erred in refusing to issue a certificate of appealability
19-8335 Mitchell Willoughby v. Deedra Hart, Warden Sixth Circuit 2020-04-22 Denied IFP caldwell-precedent capital-sentencing closing-argument death-penalty jury jury-instructions prosecutor prosecutorial-misconduct sixth-circuit state-law voir-dire Did the Sixth Circuit panel misunderstand or frustrate the purpose behind this court's holding in Caldwell v. Mississippi
18-6316 Willie Gene Wilks, Jr. v. Ohio Ohio 2018-10-15 Denied IFP burden-of-proof due-process false-testimony grand-jury indictment jury-instructions plain-error-review prosecutor prosecutorial-misconduct structural-error Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceeding…
18-440 Edward Michael Nero, et al. v. Marilyn J. Mosby Fourth Circuit 2018-10-05 Denied Response Waived absolute-immunity advocacy-function civil-procedure civil-rights due-process investigation investigatory-materials law-enforcement legal-advice probable-cause prosecutor prosecutor-investigation prosecutorial-immunity standing Whether a prosecutor is acting as an 'advocate' and is entitled to absolute immunity when the prosecutor performs an investigation and provides those …