| 25-6960 |
Shameek J. Halls v. United States |
Second Circuit |
2026-03-04 |
Pending |
Response WaivedIFP |
due-process guilty-plea plea-agreement prosecutorial-discretion sentencing-enhancement sentencing-guidelines |
This Court has held that, "[w]hen a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be par… |
| 25-6755 |
Robert W. Feldman v. Colorado |
Colorado |
2026-02-06 |
Denied |
Response WaivedIFP |
constitutional-law coroner-authority death-investigation district-attorney prosecutorial-discretion sub-delegation |
In a matter of first impression whether the district attorney may charge a person for causing a death that the coroner declines to find was a homicide… |
| 25-6740 |
David Leslie Culverhouse v. Texas |
Texas |
2026-02-06 |
Pending |
IFP |
constitutional-rights criminal-procedure due-process prosecutorial-discretion sixth-amendment venue-change |
Question not identified. |
| 25-883 |
James Thomas Ford v. Florida |
Florida |
2026-01-23 |
Denied |
Response Waived |
due-process fourteenth-amendment human-trafficking jury-trial prosecutorial-discretion vindictive-prosecution |
Does a prosecutor engage in vindictive prosecution in violation of the Due Process Clause of the Fourteenth Amendment where she amends the criminal ch… |
| 25-678 |
Louis B. Antonacci v. Renu Brennan, in Her Official Capacity as Bar Counsel for the Virginia State Bar, et al. |
Virginia |
2025-12-10 |
Denied |
|
bar-complaint constitutional-rights due-process first-amendment fourteenth-amendment prosecutorial-discretion |
Whether this Court's decision in Loper Light Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) militates in favor of abrogating the prosecutorial discre… |
| 25-675 |
Lawrence Rudolph v. United States |
Tenth Circuit |
2025-12-10 |
Denied |
Response Waived |
constitutional-interpretation federal-prosecution forum-shopping prosecutorial-discretion tenth-circuit venue-statute |
Whether the Tenth Circuit erred in interpreting a federal venue statute enacted by the First Congress to mean the government can prosecute a federal c… |
| 25-6255 |
Aaron J. Thorpe v. United States |
District of Columbia |
2025-11-26 |
Denied |
Response WaivedIFP |
article-ii criminal-procedure executive-power final-conviction prosecutorial-discretion separation-of-powers |
In our constitutional system of separated powers, Article II vests the Executive Branch with the plenary authority to initiate and terminate criminal … |
| 25-576 |
Stephen Buyer v. United States |
Second Circuit |
2025-11-14 |
Pending |
Response RequestedResponse Waived |
constitutional-limitations criminal-prosecution insider-trading prosecutorial-discretion stock-exchange venue |
The question presented is whether a stock trading on an exchange whose physical headquarters is located in Manhattan suffices to establish venue in th… |
| 25-6077 |
In Re Brian William Schumaker |
|
2025-11-10 |
Denied |
IFP |
constitutional-challenge criminal-prosecution district-court federal-jurisdiction newly-discovered-evidence prosecutorial-discretion |
I. Unless and until, notice of acceptance of jurisdiction is given WHETHER federal courts are without jurisdiction to punish under criminal lews of th… |
| 25-5985 |
Anne M. Lynch v. United States |
First Circuit |
2025-10-29 |
Denied |
Response WaivedIFP |
criminal-law fiduciary-duty honest-services-fraud jury-instruction prosecutorial-discretion statutory-vagueness |
Whether petitioner's payment violated the honest-services fraud statute?
Whether the district court's erroneous fiduciary duty jury instruction requi… |
| 25A190 |
United Natural Foods, Inc., dba United Natural Foods, Inc., and SuperValu, Inc. v. National Labor Relations Board |
Fifth Circuit |
2025-08-15 |
Presumed Complete |
|
administrative-law chevron-deference labor-law nlrb prosecutorial-discretion statutory-interpretation |
Question not identified. |
| 25-5146 |
Ahmad Abouammo v. United States |
Ninth Circuit |
2025-07-18 |
Granted |
Amici (6)Relisted (2)IFP |
criminal-procedure federal-rules indictment prosecutorial-discretion statute-of-limitations venue-statute |
1. Whether venue is proper in a district where no offense conduct took place, so long as the statute's intent element "contemplates" effects that coul… |
| 24-7463 |
Mark Christian Wroblewski v. United States |
District of Columbia |
2025-06-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure executive-discretion mandamus-petition prosecutorial-discretion rule-48-dismissal standing-doctrine |
Following the Executive Order of January 20, 2025, Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Nea… |
| 24-7220 |
Barry Ray Knight v. United States |
Ninth Circuit |
2025-05-15 |
Denied |
Response WaivedIFP |
criminal-charging defendant-rights due-process plea-negotiations prosecutorial-discretion vindictive-prosecution |
Can prosecutors evade vindictiveness claims any time they make a new charge against a defendant after the breakdown of plea negotiations, no matter th… |
| 24-7082 |
Edgar Llausas-Silva v. United States |
Ninth Circuit |
2025-04-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure judicial-review prosecutorial-discretion safety-valve sentencing |
1. Whether the district court improperly relied upon the subjective belief of the prosecutor without support in the record that petitioner lied when h… |
| 24-963 |
Elvin Torres-Estrada v. United States |
First Circuit |
2025-03-07 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process effective-assistance plea-bargaining prosecutorial-discretion |
Whether the inaccurate advice by Mr. Torres-Estrada's rogue attorney to reject a favorable plea agreement during plea negotiations, with the prosecuto… |
| 24-904 |
Alpine Securities Corporation v. Financial Industry Regulatory Authority, et al. |
District of Columbia |
2025-02-24 |
Denied |
Amici (1) |
administrative-law constitutional-structure finra-enforcement non-delegation-doctrine prosecutorial-discretion securities-regulation |
Petitioner is a securities broker-dealer that is the target of an enforcement proceeding brought by FINRA—a putatively "private" organization vested b… |
| 24A790 |
Scott Bessent, Secretary of the Treasury, et al. v. Hampton Dellinger, Special Counsel of the Office of Special Counsel |
District of Columbia |
2025-02-18 |
Denied |
Amici (4) |
agency-independence article-ii constitutional-structure executive-removal prosecutorial-discretion separation-of-powers |
Question not identified. |
| 24-779 |
Roger Paul Bradford v. United States |
Eighth Circuit |
2025-01-23 |
Denied |
Response Waived |
criminal-indictment criminal-procedure district-court-jurisdiction judicial-review prosecutorial-discretion statutory-interpretation |
Whether an indictment that alleges conduct outside the reach of a criminal statute precludes a district court from exercising jurisdiction to adjudica… |
| 24A709 |
Ghislaine Maxwell v. United States |
Second Circuit |
2025-01-17 |
Presumed Complete |
|
circuit-split criminal-procedure district-court federal-jurisdiction plea-agreement prosecutorial-discretion |
Question not identified. |
| 24-701 |
Douglas B. Moylan, Attorney General of Guam v. Lourdes Leon Guerrero, Governor of Guam |
Guam |
2024-12-31 |
Denied |
|
attorney-general executive-authority organic-act prosecutorial-discretion separation-of-powers territorial-law |
1. Whether the Supreme Court of Guam violated the Guam Organic Act's designation of the Attorney General of Guam as the "Chief Legal Officer of the Go… |
| 24-675 |
Joseph R. Johnson, Jr. v. United States |
Third Circuit |
2024-12-23 |
Denied |
|
certificate-of-innocence federal-damages legal-standard prosecutorial-discretion statutory-interpretation unjust-conviction |
Whether a petitioner has satisfied the third element of Section 2513(a) when he did not engage in misconduct or neglect that proximately caused his pr… |
| 24-6167 |
Rodney J. Lass v. Chris Buesgen, Warden |
Seventh Circuit |
2024-12-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure double-jeopardy mistrial prosecutorial-discretion vindictive-prosecution |
1. Can actual vindictive prosecution be found when a mistrial is declared, not caused by a hung jury, and the Prosecutor responds by bringing addition… |
| 24-6116 |
In Re Frank E. Pate |
|
2024-12-11 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-officer final-judgment judicial-review mandamus prosecutorial-discretion |
Can the 5th Circuit, ignore the 28 USC 2111 final judgment and review mandates, and allow a case to lay dormant for over 8 years? If so, this negative… |
| 24-600 |
Quiotis C., Jr. v. Nebraska |
Nebraska |
2024-12-03 |
Denied |
Response WaivedRelisted (2) |
batson-challenge constitutional-rights jury-trial juvenile-justice prosecutorial-discretion sixth-amendment |
1. Whether all juveniles are guaranteed the Sixth
Amendment right to a jury trial in the Constitution
regardless of their geographic location when t… |
| 24-5863 |
Andres C. v. Connecticut |
Connecticut |
2024-10-30 |
Denied |
Response WaivedIFP |
brady-material constitutional-rights criminal-procedure due-process evidence-review prosecutorial-discretion |
Whether, when potential Brady material (Brady v. Maryland, 373 U.S. 83 (1963)), is discovered during a criminal trial—and that material consists of th… |
| 24-430 |
In Re Gregory Stenstrom, et al. |
|
2024-10-17 |
Denied |
Relisted (2) |
due-process election-fraud equal-protection first-amendment prosecutorial-discretion take-care-clause |
1. Does the Department of Justice's policy of deferring investigations, as outlined in its Election Crimes Branch Memorandum (Eighth Edition, 2017), v… |
| 24-404 |
Ji Chaoqun v. United States |
Seventh Circuit |
2024-10-10 |
Denied |
Response Waived |
criminal-statute federal-criminal-law foreign-agent jury-unanimity prosecutorial-discretion statutory-interpretation |
18 U.S.C. § 951 provides that "[w]hoever, other than a diplomatic or consular officer or attaché, acts in the United States as an agent of a foreign g… |
| 24-5445 |
Soren Richard Olsen, II v. Washington |
Washington |
2024-09-04 |
Denied |
IFP |
constitutional-rights criminal-procedure habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-discretion |
Question not identified. |
| 24A227 |
Treniss J. Evans v. Supreme Court of New York, et al. |
Fifth Circuit |
2024-08-30 |
Denied |
|
campaign-finance constitutional-interpretation election-law federal-preemption prosecutorial-discretion supremacy-clause |
Question not identified. |
| 24A181 |
Eghbal Saffarinia v. United States |
District of Columbia |
2024-08-19 |
Denied |
|
circuit-split criminal-law document-review obstruction-of-justice prosecutorial-discretion statutory-interpretation |
Question not identified. |
| 23-7779 |
Nalerton Charles v. United States |
Second Circuit |
2024-06-21 |
Denied |
Response WaivedIFP |
appellate-rights congressional-intent constitutional-rights due-process judicial-review plea-bargaining prosecutorial-discretion public-policy |
Whether the time has come for this Court to exercise supervision over the everexpanding prosecutorial practice of requiring defendants to give up thei… |
| 23-7765 |
Leon Davis, Jr. v. Florida, et al. |
Florida |
2024-06-20 |
Denied |
IFP |
capital-punishment cumulative-error death-penalty ineffective-assistance ineffective-assistance-of-counsel jury-selection prosecutorial-discretion strickland-prejudice strickland-standard |
Counsel failed to object to the capital trial court's multiple misleading and inappropriate comments during jury selection about the uniquely gruesome… |
| 23-1224 |
Laila N. Hirjee v. United States |
Fifth Circuit |
2024-05-21 |
Denied |
Response Waived |
appellate-deference appellate-review deference evidentiary-standard inferences jury-verdict medical-decision prosecutorial-discretion standard-of-review weak-evidence weak-inference |
I. What level of deference from an appellate court is appropriate to a jury's verdict, when the verdict is based entirely on weak inferences to be dra… |
| 23-7215 |
David Hueston v. United States |
Seventh Circuit |
2024-04-12 |
Denied |
Response WaivedIFP |
attorney-client-privilege evidentiary-weight fourth-amendment franks-hearing franks-v-delaware officer-affiant probable-cause prosecutorial-consultation prosecutorial-discretion search-and-seizure search-warrant |
In determining whether a Franks violation occurred, whether a reviewing court may place substantial evidentiary weight on an officer-affiant's consult… |
| 23-7199 |
In Re Joseph R. Dickey |
|
2024-04-11 |
Denied |
IFP |
28-usc-2241 28-usc-2254 28-usc-2255 actual-innocence federal-prisoners habeas-corpus plea-agreement plea-bargaining prosecutorial-discretion statutory-interpretation |
Does 28 U.S.C. 2241(b)(1)'s requirement that "a claim presented in a second or successive habeas corpus application under 2254 [28 U.S.C. 2254] that w… |
| 23-7176 |
Albert Enrique Narvaez v. Florida |
Florida |
2024-04-10 |
Denied |
Response WaivedIFP |
constitutional-burden counterfactual-analysis criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-review plea-bargaining presumption-of-acceptability prosecutorial-discretion |
Does Missouri v. Frye, 566 U.S. 134 (2012), place an unreasonable burden upon defendants by requiring them to produce evidence to prove the counterfac… |
| 23-6934 |
Calvin C. Freeman v. United States |
Seventh Circuit |
2024-03-11 |
Denied |
Response WaivedIFP |
constitutional-vagueness criminal-law criminal-statute due-process minor-protection minors prosecutorial-discretion sex-trafficking statutory-interpretation vagueness |
1.) Whether Congress intended the Alternative sex trafficking of, children "OR®' by force, fraud, or coercion as Alternative Elements or Alternative M… |
| 23-6829 |
Edward Joseph Parson v. United States |
Tenth Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
child-abuse child-sexual-abuse credibility evidence-rule-702 expert-testimony jury-determination jury-role prosecutorial-discretion prosecutorial-evidence witness-credibility |
In a prosecution for aggravated child sexual abuse in which the alleged victim has inconsistently reported abuses, may the prosecution present expert … |
| 23-6745 |
Raymond Wilson, III v. Fairhaven Police Department, et al. |
First Circuit |
2024-02-14 |
Denied |
Response WaivedIFP |
civil-rights criminal-prosecution due-process equal-protection interstate-crime jurisdictional-issues legal-elements malicious-prosecution prosecutorial-discretion standing statutory-interpretation summary-judgment |
Why some cases can be successful and prosecute, whereas others cannot, having the same elements yet to be interpreted, and whereas a bias of a certain… |
| 23-794 |
John Pacilio and Edward Bases v. United States |
Seventh Circuit |
2024-01-24 |
Denied |
Response Waived |
2nd-amendment 35-usc-101 brown-vs-board civil-rights commodities-trading criminal-liability dodd-frank due-process fraud-statutes free-speech prosecutorial-discretion spoofing |
The question presented is whether spoofing violates the federal fraud statutes where a trader places a genuine, valid, fully executable order. |
| 23-6503 |
David Rivera v. United States |
Ninth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
circuit-split civil-rights criminal-procedure due-process free-speech fundamental-rights pretrial-claims prosecutorial-discretion prosecutorial-vindictiveness standing |
When a defendant presents strong circumstantial evidence of possible vindictiveness beyond mere correlation, can a presumption of vindictiveness arise… |
| 23-6417 |
Ralph Hall v. New York |
New York |
2024-01-05 |
Denied |
IFP |
civil-rights compelled-speech constitutional-rights criminal-procedure due-process first-amendment free-speech government-speech prosecutorial-discretion sentencing |
Question not identified. |
| 23A440 |
David Santiago Renteria v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-11-15 |
Denied |
|
capital-punishment equal-protection fourteenth-amendment judicial-review prosecutorial-discretion removal-statute |
Question not identified. |
| 23-5975 |
Caesar Mark Capistrano v. United States |
Fifth Circuit |
2023-11-08 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-court civil-rights due-process judicial-interpretation jury-instruction mens-rea prosecutorial-discretion reversal statutory-construction supreme-court-precedent |
1. Are inferior courts, the Fifth Circuit Court of Appeals in particular, allowed unrestricted and unrestrained freedom to interpret the clear and une… |
| 23-485 |
Jesus Arley Munera-Gomez v. United States |
First Circuit |
2023-11-08 |
Denied |
|
compulsory-process constitutional-rights due-process entrapment entrapment-defense government-misconduct prosecutorial-discretion self-incrimination use-immunity witness-immunity witness-testimony |
Whether a defendant is constitutionally entitled to obtain use immunity for the only person who can disprove the defendant's guilt, when the Governmen… |
| 23A164 |
Jesus Arley Munera-Gomez v. United States |
First Circuit |
2023-08-23 |
Presumed Complete |
|
compulsory-process entrapment-defense fifth-amendment prosecutorial-discretion sixth-amendment use-immunity |
1. This case squarely presents a question that has divided the courts of appeals. Mr. Munera-Gomez was charged with drug offenses and raised an entrap… |
| 23-5292 |
Carlos Arturo Patino Restrepo v. United States |
Second Circuit |
2023-08-04 |
Denied |
Response WaivedIFP |
conspiracy constructive-amendment criminal-procedure due-process indictment jury-instructions prosecutorial-discretion |
Where an indictment alleges a conspiracy involving a specific group, does a district court's conspiracy instructions which removes any mention of the … |
| 23-94 |
Garret Miller v. United States |
District of Columbia |
2023-08-01 |
GVR |
Relisted (3) |
congressional-proceedings criminal-law criminal-statute electoral-certification electoral-college intent-element mens-rea obstruction-of-justice prosecutorial-discretion statutory-interpretation |
Whether the obstruction-of-justice offenses in 18 U.S.C. § 1512(c) cover only acts that affect the integrity or availability of evidence, or whether t… |
| 23-5200 |
Augustine Rincon Medina v. California |
California |
2023-07-26 |
Denied |
IFP |
birks-rule constitutional-law criminal-charging criminal-procedure due-process jury-instructions lesser-included-offense lesser-offense prosecutorial-discretion |
Should the Rule announced in People v. Birks (1998) 19 Cal.4th 108, which permits a Prosecutor to veto a Defendant's request for an instruction on a L… |
| 23-5150 |
Augustus Quintrell Light v. United States |
Eighth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
constitutional-due-process criminal-procedure government-misconduct illegal-sentence ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-error |
WHETHER ON ONE'S, DID THE EIGHTH CIRCUIT COURT OF APPEALS COMMIT ERROR IN FINDING THAT THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION IN DENYING PETI… |
| 22-7605 |
Sealed Appellant v. United States |
Ninth Circuit |
2023-05-22 |
Denied |
Response WaivedRelisted (2)IFP |
bad-faith cooperation cooperation-agreement criminal-procedure due-process government-misconduct guilty-plea plea-bargaining prosecutorial-discretion section-3553e sentencing sentencing-relief |
Did the government act in bad faith by denying 18 U.S.C. § 3553(e) relief to Petitioner when, after securing his guilty plea with the promise that it … |
| 22-7022 |
LeAnthony T. Winston v. United States District Court for the Eastern District of Virginia |
Fourth Circuit |
2023-03-15 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-challenge criminal-procedure due-process prosecutorial-discretion sixth-amendment speedy-trial state-prosecution trial-in-absentia |
Question not identified. |
| 22-6745 |
Robert Hill v. United States |
Eighth Circuit |
2023-02-10 |
Denied |
Response WaivedIFP |
Batson-challenge civil-rights constitutional-procedure due-process eighth-circuit equal-protection jury-selection prima-facie-evidence prosecutorial-discretion standard-of-review |
A.
WHETHER PETITIONER ESTABLISHED PRIMA FACIE EVIDENCE DEMONSTRATING COUNTERVAILING FACTORS EXCUSING HIM FROM MAKING HIS SIMILARLY SITUATED BATSON-BAS… |
| 22-6553 |
Esau Ferdinand v. United States |
Ninth Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
18-usc-1962(d) criminal-procedure enterprise-affairs enterprise-liability federal-rule-criminal-procedure-14(a) joint-trial personal-participation prosecutorial-discretion rico-conspiracy severance |
I. For RICO conspiracy liability under 18 U.S.C. § 1962(d), must the
defendant agree to personally further the enterprise's affairs, rather than merel… |
| 22-6513 |
Jeremy Dale Bartram v. West Virginia |
West Virginia |
2023-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-rule fair-trial presumption-of-innocence prosecutorial-discretion rule-404(b) uncharged-misconduct |
Does the prosecution's use of 'uncharged misconduct' under Rule 404(b) of the West Virginia Rules of Evidence strip a criminal defendant of the presum… |
| 22-6435 |
Willie Tyrone Shipley v. D. Holbrook |
Ninth Circuit |
2022-12-30 |
Denied |
Response WaivedIFP |
civil-rights confrontation constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence fourteenth-amendment prosecutorial-discretion sixth-amendment witness-testimony |
1.)
Is a defendant deprived of his right to
Confrontation and
due Process within
the meaning of the Sixth, and Fourteenth
Amendments Whea the District… |
| 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 that specifically identifies Guideline offense levels and specific offense characteristics on which the parties a… |
| 22-6162 |
Donald Lee Scott v. Arizona |
Arizona |
2022-11-29 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process pre-accusation-delay prejudice prosecutorial-delay prosecutorial-discretion statute-of-limitations witness-testimony |
What is the proper standard for evaluating pre-accusation delay? |
| 22-5764 |
Lynn Richard Norton v. David Barker, et al. |
Sixth Circuit |
2022-10-05 |
Denied |
IFP |
appeal-dismissal civil-procedure civil-rights court-costs criminal-procedure due-process indigent-litigant malicious-prosecution prosecutorial-discretion statute-of-limitations wrongful-conviction |
(A) Whether, The Law Suet las Femely Bnowéol Usclee Jénness2€ Code Prince Seclron, 18-1106 Srale OF Lamztation, When File Two Years, Later Of The on. … |
| 22-5712 |
Ramona I. Morgan v. Gloria Geither |
Tenth Circuit |
2022-09-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure district-court-jurisdiction double-jeopardy due-process habeas-corpus jurisdiction motion-to-vacate prosecutorial-discretion sentencing-review statutory-interpretation |
1. Should the United States Court of Appeals for the Tenth Circuit have granted a Certificate of Appeal to the Petitioner [Edmond Morgan]?
2. Should … |
| 22-5624 |
Tiffany Leigh Marion v. North Carolina |
North Carolina |
2022-09-20 |
Denied |
Response WaivedIFP |
batson-challenge Batson-v-Kentucky criminal-procedure equal-protection plea-bargaining prosecutorial-discretion racial-discrimination |
Whether Batson v. Kentucky, 476 U.S. 79 (1986) and its progeny apply to equal protection claims challenging a prosecutor's decision of whether to exte… |
| 22-161 |
Robert Nieto and Darrick R. Vallodolid v. United States |
Seventh Circuit |
2022-08-22 |
Denied |
Response Waived |
batson-challenge batson-v-kentucky constitutional-rights equal-protection jury-selection prosecutorial-discretion racial-discrimination sentencing sentencing-guidelines statutory-interpretation |
1. Whether Mr. Nieto's and Mr. Vallodolid's convictions should be reversed because the Government's peremptory striking of qualified Hispanic prospect… |
| 22-5364 |
Quartavious Davis v. United States |
Eleventh Circuit |
2022-08-16 |
Denied |
Response RequestedResponse WaivedRelisted (5)IFP |
constitutional-rights criminal-defense due-process ineffective-assistance-of-counsel plea-bargaining plea-negotiations prosecutorial-discretion right-to-counsel Sixth-Amendment Strickland-v-Washington |
Does a criminal defense attorney provide prejudicially ineffective assistance of counsel by failing to initiate plea negotiations with the prosecutors… |
| 21-8217 |
Herbert Bernard Johnson v. United States |
Sixth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
criminal-law criminal-statute due-process federal-criminal-code federal-criminal-law mens-rea prosecutorial-discretion sexual-activity sexual-offense statutory-interpretation statutory-language |
Should this Court grant the petition for writ of certiorari to resolve whether the statutory language of 18 U.S.C. §2422(b)'s "any sexual activity for… |
| 21-8142 |
Major Mike Webb, aka Michael D. Webb v. Ralph Northam, et al. |
Virginia |
2022-06-15 |
Denied |
Relisted (2)IFP |
civil-rights color-of-law due-process first-amendment necessity-defense prosecutorial-discretion statutory-interpretation unrepresented-litigant writ-of-mandamus |
"Globally, as of 6:09pm CEST, 10 June 2022, there have been 532,201,219 confirmed cases of COVID-19, including 6,305,358 deaths, reported to WHO ", St… |
| 21-7996 |
George Edward Purdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-27 |
Denied |
IFP |
5th-amendment blockburger-rule criminal-procedure double-jeopardy fifth-amendment jurisdiction plea-bargaining prosecutorial-discretion venue |
Where identical chargee are filed for the same alleged victim in
multiple counties, is it a violation of the 5th Amendment double
jeopardy rule base… |
| 21-7870 |
Greg Cantoni v. United States |
Second Circuit |
2022-05-13 |
Denied |
Response WaivedIFP |
circuit-court-split circuit-court-standards daubert discovery-violation expert-testimony federal-rules-of-evidence harmless-error jencks-act prosecutorial-discretion |
1. Which standard, among those currently in use at the circuit court
level, must be applied to determine whether a government attorney's violation of
… |
| 21-7475 |
Edward James Rose v. Arizona |
Arizona |
2022-03-28 |
Denied |
Relisted (2)IFP |
batson-challenge batson-v-kentucky constitutional-inquiry discriminatory-purpose equal-protection judicial-speculation jury-selection peremptory-strikes prosecutorial-discretion |
In Batson v. Kentucky, 476 U.S. 79 (1986), this Court developed a three-step inquiry to determine whether a party's peremptory strikes were unconstitu… |
| 21-7275 |
David Nowakowski v. Pennsylvania |
Pennsylvania |
2022-03-04 |
Denied |
IFP |
civil-rights due-process evidence evidence-presentation judicial-review prosecutorial-discretion prosecutorial-error separation-of-powers state-court-system |
a. WHERE A DISTRICT ATTORNEY FAILS TO EXERCISE DISCRETION IN THE DECISION NOT TO PROSECUTE, CAN CONTINUED AND MOUNTING EVIDENCE BE PRESENTED TO THE DI… |
| 21-7170 |
Deborah Bowers and Steve S. Jabar, aka Steve Shariff, aka Satar Jabar, aka Kamal Jabar, aka Kamal Jamel v. United States |
Second Circuit |
2022-02-22 |
Denied |
Response WaivedIFP |
18-usc-1001 appeal appellate-review criminal-procedure false-statements fraud fraud-theory indictment materiality materiality-standard prosecutorial-discretion statutory-interpretation |
1. May a court of appeals reinstate a verdict on a theory of fraud that was not
pled in the indictment, not sought to be proven or argued at the trial… |
| 21-1008 |
Andres Mencia v. United States |
Eleventh Circuit |
2022-01-20 |
GVR |
Relisted (2) |
criminal-conduct criminal-intent criminal-liability due-process expert-testimony good-faith-defense medical-practice medical-standard-of-care mens-rea prosecutorial-discretion standard-of-care |
For more than a decade, the civil standard of care established for the practice of medicine has been utilized by federal prosecutors in criminal prose… |
| 21-6800 |
Abdulkhaliq Mohammed Murshid, aka Andy v. Mississippi |
Mississippi |
2022-01-10 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment business-records civil-rights compulsory-process constitutional-procedure due-process ineffective-assistance-of-counsel judicial-action law-enforcement prosecutorial-discretion search-and-seizure |
Wether officers can Search my business without a search waran
Also, wether the prosecution should look for wonvictron but not justice in addition to … |
| 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 |
1. Does a criminal defendant state a prima facie case of vindictive
prosecution, trigging a presumption of vindictiveness, when the day after he
succe… |
| 21-6484 |
Thomas Lee Battle v. California |
California |
2021-12-01 |
Denied |
IFP |
batson-challenge batson-v-kentucky burden-shifting civil-rights discrimination hypothetical-justifications jury-selection prima-facie prima-facie-case prosecutorial-discretion title-vii |
1. Should analysis of a prima facie case of discrimination under Batson prohibit reliance upon hypothetical justifications never advanced by the prose… |
| 21-793 |
Pennsylvania v. William Henry Cosby, Jr. |
Pennsylvania |
2021-11-30 |
Denied |
|
14th-amendment criminal-charges criminal-procedure double-jeopardy due-process fourteenth-amendment immunity immunity-promise press-release prosecutorial-discretion |
When a prosecutor publicly announces that he will not file criminal charges based on lack of evidence, does the Due Process Clause of the Fourteenth A… |
| 21-6412 |
Rebecca Stampe v. United States |
Sixth Circuit |
2021-11-24 |
GVR |
IFP |
brady-disclosure criminal-procedure due-process evidence-review government-disclosure in-camera-review materiality materiality-standard prosecutorial-discretion |
Can the district court, consistent with Brady and its progeny, refuse in camera review of evidence that is plausibly subject to disclosure under Brady… |
| 21-6314 |
Carl Alvin Cushing v. United States |
Tenth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
criminal-trials evidence-evaluation expert-testimony federal-rule-of-evidence-702 federal-rules-of-evidence jury-function law-enforcement law-enforcement-experts percipient-witnesses prosecutorial-discretion |
Where all the percipient witnesses in a case have testified in a manner unsatisfactory to the government's prosecution, under Federal Rule of Evidence… |
| 21-6299 |
Daryl Cook v. City of Philadelphia, Pennsylvania, et al. |
Third Circuit |
2021-11-16 |
Denied |
IFP |
civil-procedure civil-rights collusion conspiracy conspiracy-prosecution constitutional-rights due-process legislative-immunity political-association prosecutorial-discretion standing |
Whether the procedure due process violations described in Petitioner's federal Complaint caused the settlement in the state court to be void AB INITIO… |
| 21-6133 |
Dean Rossi v. United States |
Third Circuit |
2021-11-01 |
Denied |
Response WaivedIFP |
attorney-withdrawal conflict-of-interest criminal-procedure judicial-discretion necessary-witness prosecutorial-discretion right-to-counsel sixth-amendment standard-of-review |
1) Is a prosecution's claim that a defendant's lawyer is "likely to be a necessary witness" at trial an "actual conflict" or "a serious potential conf… |
| 21-5712 |
George Ferrer Sanchez v. United States |
Eleventh Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process judicial-review plea-agreement plea-bargaining prosecutorial-discretion right-to-appeal sentencing |
Across all federal circuits, the courts of appeals have held that, as part of a plea agreement with the government, a criminal defendant can waive his… |
| 21-5611 |
In Re Andrew James Johnston |
|
2021-09-08 |
Denied |
IFP |
attempted-crime bank-robbery civil-rights criminal-procedure cross-examination due-process intimidation jury-instructions prosecutorial-discretion |
Will this Court issue a writ of habeas corpus that vacates the conviction and sentence imposed in Case No. 1:17-cr-517, under a version of a federal c… |
| 21-351 |
Courtney Wild v. United States District Court for the Southern District of Florida |
Eleventh Circuit |
2021-09-03 |
Denied |
Amici (6) |
alexander-v-sandoval crime-victims-rights-act enforcement federal-criminal-procedure judicial-enforcement non-prosecution-agreement pre-indictment prosecutorial-discretion rights-creating-language victim-rights |
Whether the Crime Victims' Rights Act (CVRA), 18 U.S.C. § 3771 (2004), a comprehensive bill of rights for federal crime victims with specific enforcem… |
| 21-267 |
James Garfield Broadnax v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-08-24 |
Denied |
Amici (1)Relisted (2) |
28-usc-2254 batson-challenge cullen-v-pinholster evidentiary-hearing federal-review habeas-corpus prosecutorial-discretion racial-discrimination statutory-interpretation |
Whether, under 28 U.S.C. § 2254(d) and Cullen v. Pinholster, 563 U.S. 170 (2011), a federal habeas petitioner may present evidence of a prosecutor's r… |
| 21-5154 |
Dakota Stewart v. United States |
Fifth Circuit |
2021-07-21 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-law criminal-statute due-process interstate-travel prosecutorial-discretion sex-offender-registration venue venue-jurisdiction |
In a prosecution for failing to update sex offender registration under 18 U.S.C. § 2250(a), does venue lie in the district where the offender resided … |
| 21-5071 |
Gigi Fairchild Littlefield v. California |
California |
2021-07-09 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights covid-19 criminal-procedure due-process judicial-interpretation prison-reform prosecutorial-discretion sentencing-guidelines standing systemic-injustice |
Question not identified. |
| 20-7980 |
Takiese Naceer Bethea v. West Virginia |
West Virginia |
2021-05-13 |
Denied |
Response WaivedIFP |
co-defendants criminal-procedure equal-protection fourteenth-amendment judicial-fairness prosecutorial-discretion racial-discrimination sentencing |
Does it violate the equal protection clause of the Fourteenth Amendment when the African-American co-defendants in a case receive vastly less favorabl… |
| 20-1431 |
Charmell Brown v. Alex Jones, Acting Warden |
Seventh Circuit |
2021-04-13 |
Denied |
Response Waived |
batson-framework batson-v-kentucky jury-selection peremptory-strike pretext prima-facie-case prosecutorial-discretion racial-discrimination |
Whether, at Batson's first step and in the absence of any explanation from the prosecutor, a court may rely on factors apparent in the record to expla… |
| 20-7683 |
Paul Wesley Baker v. California |
California |
2021-04-07 |
Denied |
IFP |
batson-challenge batson-v-kentucky constitutional-standard equal-protection jury-selection peremptory-challenges peremptory-strike prosecutorial-discretion racial-discrimination standard-of-review |
When the defense challenges a prosecutor's exercise of a peremptory strike of a prospective juror under Batson v. Kentucky, 487 U.S. 79, 106 S.Ct. 171… |
| 20-7641 |
Brian Hawkins v. Tim Shoop, Warden |
Sixth Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights credibility-analysis criminal-procedure due-process lovasco-standard pre-indictment-delay prosecutorial-discretion trial-court-error united-states-v-lovasco |
Has the trial court erred by adding a credibility analysis to an unjustifiable pre-indictment delay test of Due Process prescribed by United States v.… |
| 20-1283 |
Margaret Temponeras v. United States |
Sixth Circuit |
2021-03-17 |
Denied |
Response Waived |
circuit-split controlled-substances-act criminal-liability medical-boards medical-practice pain-management pharmaceutical-companies prosecutorial-discretion vagueness vagueness-doctrine |
Whether 21 U.S.C. § 841 and 21 C.F.R. § 1306.04 are unconstitutionally vague whereas the term "legitimate medical purpose" does not provide fair notic… |
| 20-7442 |
Ahmad Shalash v. David W. Gray, Warden |
Sixth Circuit |
2021-03-12 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-challenge due-process habeas-corpus judicial-standard legal-precedent prosecutorial-discretion prosecutorial-misconduct recantation standing undue-burden |
Zof /}ppeals for He St x/k Ha.s fye. ZCn i Zed Z>fa Ces
ir* po&ed <xn tmproper burden and tcnduiy kturden Some
d&r /i ftc<k ie Q f $ pp€.ai<xj)i fI f… |
| 20-7432 |
Kevin Leon Lucien v. Texas |
Texas |
2021-03-11 |
Denied |
IFP |
14th-amendment criminal-procedure due-process evidence evidence-admissibility federal-law federal-preemption prosecutorial-discretion state-law |
Whether a state's own articles of law can supercede federal law to further prosecute a defendant in regards to admissable and inadmissable evidence th… |
| 20-7324 |
Malcolm Elbray Traywicks, Jr. v. United States |
Tenth Circuit |
2021-03-05 |
Denied |
Response WaivedIFP |
administrative-law attorney-general controlled-substances-act delegation-of-power due-process prosecutorial-discretion scheduling-authority separation-of-powers |
Does the Congressional delegation of power to the Attorney General permitting scheduling of substances under the Controlled Substance Act violate due … |
| 20-7320 |
Zbigniew Laskowski v. Washington State Department of Labor and Industries |
Washington |
2021-03-03 |
Denied |
Response WaivedIFP |
administrative-law appellate-procedure appellate-review civil-rights de-novo-review due-process evidence judicial-findings prosecutorial-discretion standing statutory-interpretation |
Whether in reviewing a claim, appellate court must 1) apply de novo review where a superior court trial judge failed to make specific findings on the … |
| 20-7273 |
Patrick Roger Brigaudin v. United States |
Eighth Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial plea-bargaining prosecutorial-discretion prosecutorial-misconduct sentencing sentencing-enhancement sixth-amendment |
iOhLtbtr flu pr&seci&.t'ofa thctcjfd to cl, dtftndanf that- he
lO&tL'ld. rectrVe. h'-ft 5-cofence (f ht d:d not accept cl
p{tQ_ tf-f fer cLto (td. h<… |
| 20-7177 |
Sandra Doyle v. United States |
Fifth Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process post-arrest-interview prosecutorial-discretion relevant-conduct safety-valve sentencing witness-testimony |
1. Is it a denial of due process to sentence petitioner to additional imprisonment based on a finding that she lied or minimized in her safety-valve i… |
| 20-7133 |
Anthony Reed v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-amendment criminal-procedure due-process fourteenth-amendment grand-jury habeas-corpus prosecutorial-discretion structural-defects |
1. Authority to File
The Arkansas Constitutional Amendment No. 21 States:
Section 1. Prosecution by indictment or Information - all offenses
heretofo… |
| 20-6938 |
Muhammad E. Milhouse v. Camba Inc. Staff Members, et al. |
Second Circuit |
2021-01-26 |
Denied |
IFP |
civil-procedure civil-rights criminal-law due-process federal-statute freedom-of-religion freedom-of-speech prosecutorial-discretion sex-trafficking standing statutory-interpretation |
Question not identified. |
| 20-808 |
Johnny Duane Miles v. California |
California |
2020-12-15 |
Denied |
Amici (1) |
batson-challenge batson-claim comparative-juror-analysis death-penalty jury-selection peremptory-challenges pretext prosecutorial-discretion racial-discrimination |
During jury selection for Johnny Duane Miles's capital murder trial, the prosecutor used his peremptory challenges to remove every Black prospective j… |
| 20-715 |
Jibriil A. Hersi v. Ed Sheldon, Warden |
Sixth Circuit |
2020-11-24 |
Denied |
Response Waived |
criminal-procedure due-process evidence jury-authorization jury-trial police-conduct police-misconduct prosecutorial-discretion right-to-counsel trial-records |
1) Whether I am entitled to get the missing records from my trial in Medina County, Ohio for statements made by the judge outside the hearing of the j… |
| 20-6387 |
Darrin B. Woodard v. United States |
Tenth Circuit |
2020-11-19 |
Denied |
Amici (1)Relisted (7)IFP |
constitutional-rights criminal-procedure due-process government-justification pre-indictment-delay preindictment-delay prejudice prosecutorial-discretion prosecutorial-misconduct tenth-circuit-standard |
Whether, as many courts have held, allowing a prosecution to continue after lengthy and demonstrably prejudicial delay in filing criminal charges offe… |
| 20-6323 |
Lamont Andre Thomas v. United States |
Fourth Circuit |
2020-11-13 |
Denied |
IFP |
civil-rights criminal-procedure due-process federal-jurisdiction jurisdiction prosecutorial-discretion sentencing statutory-interpretation united-states-code |
Does the Fifth Circuit have constitutional authority under Article III, Section 2, Clause 2 of the United States Constitution, to bring Criminal Charg… |
| 20-6007 |
William Harold Wright, Jr. v. United States |
Eleventh Circuit |
2020-10-14 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-challenge criminal-indictment criminal-procedure due-process indictment judicial-review prosecutorial-discretion statutory-interpretation sufficiency-of-evidence venue |
Did the Delaware Court Erect to Denie doaht's Modton bo t SINS Che Naictineit? |
| 20-423 |
LaQuanda Gilmore Garrott v. United States |
Eleventh Circuit |
2020-10-02 |
Denied |
|
charge-bargain judicial-review maximum-sentence plea-agreement prosecutorial-discretion sentencing sentencing-discretion separation-of-powers |
Whether a district judge violates the separation of powers by rejecting a plea agreement containing a "charge bargain"—a guilty plea to one or more co… |
| 20-5780 |
D. W. v. California |
California |
2020-09-23 |
Denied |
IFP |
amendment criminal-procedure due-process fourteenth-amendment juvenile-court notice petition-amendment prosecutorial-discretion trial-procedure |
Did The Juvenile Court Violate A Minor's Right To Due Process Under The Fourteenth Amendment When It Granted The Prosecutor's Request To Amend A Petit… |
| 20-5540 |
Ugunda Giovanni Sanders v. United States |
Sixth Circuit |
2020-08-31 |
Denied |
Response WaivedIFP |
conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct |
The Government charged Sanders with a conspiracy taking place
on June 28, 2017. When Sanders pled guilty the Government
reserved the right to charge h… |
| 20-5158 |
Alexander J. Silvers v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-07-24 |
Denied |
Response WaivedIFP |
constitutional-rights detention-challenge double-jeopardy due-process gerstein-v-pugh judicial-determination notice-to-defense probable-cause prosecutorial-discretion |
1) Once a neutral magistrate make a judicial determination of probable cause in the arrested offense, does that provide legal justification for the st… |
| 20-5087 |
Italo Ebaristo Napa Moreira v. United States |
Eleventh Circuit |
2020-07-16 |
Denied |
IFP |
constitutional-challenge due-process johnson jurisdiction maritime-drug-law maritime-drug-law-enforcement-act miranda prosecutorial-discretion stateless-vessel |
I. Whether the MDLEA is unconstitutional because the Government is not required to prove any "minimum contacts" or "nexus" between a defendant and the… |
| 19-8846 |
David Nowakowski v. Pennsylvania |
Pennsylvania |
2020-07-02 |
Denied |
IFP |
criminal-network criminal-organizations criminal-procedure district-attorney inchoate-crimes organized-crime prosecutorial-discretion racketeering |
Where a private criminal plaintiff is ignored by a local District Attorney's Office, in the presence of criminality from racketeering, inchoate crimes… |
| 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… |
| 19-8645 |
Joe Cephus Ross v. United States |
Fifth Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
child-pornography due-process mandatory-minimum prosecutorial-discretion sentencing separation-of-powers statutory-interpretation void-for-vagueness |
Does 18 U.S.C. § 2252A violate the Due Process Clause and the separation-of-powers doctrine because the statute allows a prosecutor to unilaterally se… |
| 19-8420 |
Charles Wilson v. Wisconsin |
Wisconsin |
2020-05-12 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause criminal-procedure due-process evidence evidentiary-ruling ineffective-assistance-of-counsel jury-instructions jury-selection prosecutorial-discretion trial-court-discretion witness-testimony |
1. Whether it is Unconstitutinal for defense Counsel to admit an accueds Suilt to the jury over the accused's objection? And also adMit and accused's … |
| 19-8441 |
Richard John Vieira v. California |
California |
2020-05-12 |
Denied |
IFP |
attorney-general-duty constitution-violation constitutional-interpretation federal-law habeas-corpus judicial-authority judicial-misconduct judicial-oath legal-accountability oath-of-office prosecutorial-discretion state-law |
California's Constitution (Art. VI. §14) clarifies A COMMAND upon the Judicial Branch as follows:
"Decisions of the Supreme Court and courts of appeal… |
| 19-8231 |
Juvenile Male v. United States |
Second Circuit |
2020-04-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence juvenile-justice juvenile-transfer prosecutorial-discretion rehabilitation sentencing transfer-hearing |
Whether the refusal of the United States Attorney to detail the defendants role in weighing his potential for rehabilitation in the interest of justic… |
| 19-7857 |
Chance Dechristian Adams v. Minnesota |
Minnesota |
2020-03-04 |
Denied |
Response WaivedIFP |
batson-challenge batson-v-kentucky circuit-split equal-protection jury-selection peremptory-strike peremptory-strikes pretext prosecutorial-discretion racial-discrimination standard-of-review |
When a peremptory strike of a prospective juror is challenged under Batson v. Kentucky, 476 U.S. 79 (1986), and a prosecutor offers multiple reasons f… |
| 19-7768 |
Jibriil A. Hersi v. Harold May, Warden |
Sixth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
access-to-courts coercion constitutional-rights criminal-procedure due-process evidence-sufficiency judicial-misconduct jury-trial police-misconduct prosecutorial-discretion prosecutorial-misconduct right-to-appeal transcript trial-irregularities |
1) Whether I am entitled to get the missing records from my trial in Medina County, Ohio for statements made by the judge outside the hearing of the j… |
| 19-7745 |
Willie B. Smith, III v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2020-02-24 |
Denied |
Relisted (3)IFP |
batson-challenge collateral-review death-penalty death-penalty-law hall-v-florida intellectual-disability moore-v-texas peremptory-strikes prosecutor-conduct prosecutorial-discretion retroactive-application retroactivity substantive-rules |
1. Whether Hall v. Florida , 134 S. Ct. 1986 (2014), and Moore v. Texas , 137 S. Ct. 1039 (2017), announced new substantive rules that apply retroacti… |
| 19-7235 |
Trevon Gross v. United States |
Second Circuit |
2020-01-09 |
Denied |
Response WaivedIFP |
daubert due-process federal-rules-of-criminal-procedure federal-rules-of-evidence hearsay prosecutorial-discretion |
1. Should the Government be able to convert an expert witness into a summary witness by supplying one of several possible accounting methodologies, an… |
| 19-850 |
Mark Joseph Derrico v. Georgia |
Georgia |
2020-01-07 |
Denied |
Response Waived |
arbitrary-enforcement civil-rights criminal-procedure criminal-statute due-process equal-protection prosecutorial-discretion statutory-interpretation void-for-vagueness |
Does the void-for-vagueness doctrine extend to cases such as Derrico's where courts have rested on the authority of judges and juries to ratify arbitr… |
| 19-772 |
Albert Diaz v. United States |
Fifth Circuit |
2019-12-16 |
Denied |
Response Waived |
criminal-investigation criminal-procedure due-process formal-charges grand-jury pre-indictment prosecutorial-discretion right-to-counsel sixth-amendment target target-designation |
Whether the Fifth Circuit Court of Appeals correctly held that the Sixth Amendment right to counsel does not attach once the United States has focused… |
| 19-742 |
James Bailey-Snyder v. United States |
Third Circuit |
2019-12-11 |
Denied |
Amici (3)Response Waived |
arrest-definition civil-rights criminal-investigation criminal-procedure due-process liberty-restriction prisoner-rights prosecutorial-discretion solitary-confinement speedy-trial wilkinson-v-austin |
Does imposing solitary confinement on a prisoner while police and prosecutors investigate and consider new criminal charges amount to an "arrest" givi… |
| 19-6814 |
Issac Efren Jimenez v. California |
California |
2019-12-03 |
Denied |
IFP |
attorney-client-privilege attorney-ethics attorney-representation conflict-of-interest criminal-law criminal-procedure ethics former-client legal-ethics leniency prosecutorial-discretion witness-testimony |
Whether an attorney in a criminal case may subsequently represent a
client who seeks leniency in exchange for testimony in a pending case against
that… |
| 19-6378 |
Raymond Gentile v. United States |
Ninth Circuit |
2019-10-24 |
Denied |
Response WaivedIFP |
21-usc-841 21-usc-846 criminal-justice-system due-process equal-protection federal-statute geographic-classification geographic-disparity geographic-location marijuana-legalization marijuana-offenses prima-facie prima-facie-claim prosecutorial-discretion selective-prosecution |
Is geographic location an arbitrary classification in the application of prosecutorial decisions for marijuana-related offenses under 21 U.S.C §§ 841 … |
| 19-6104 |
Freya D. Pearson v. United States |
Eighth Circuit |
2019-10-01 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-1001 district-court due-process duty-to-speak false-statement government-knowledge government-misconduct jury-determination jury-instruction jury-instructions materiality prosecutorial-discretion statutory-interpretation wire-fraud |
1) Can a conviction stand under 18 U.S.C. 1001 (2) without a "Materiality" determination, and should that Determination come from the District Court o… |
| 19-6005 |
Robert L. Malone v. United States |
Seventh Circuit |
2019-09-19 |
Denied |
Response WaivedIFP |
criminal-history drug-quantity due-process jury-instructions mandatory-minimum methamphetamine-distribution prosecutorial-discretion sentencing sentencing-guidelines supervisory-power |
1.) Did the lower courts err when they imposed and affirmed Mr. Malone's sentence based on overreliance on his Criminal History?
2.) Is Mr. Malone's … |
| 19-5781 |
Yong S. Cha, aka Edward Cha v. United States |
Ninth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
adversarial-testing criminal-procedure due-process evidentiary-waiver federal-rules-of-criminal-procedure federal-rules-of-evidence plea-bargaining proffer-statements prosecutorial-discretion prosecutorial-misconduct sixth-amendment |
I. When the Government has agreed not to use a defendant's statements except to refute a defense at trial, may the Government only use those proffer s… |
| 19-5643 |
Raymont Wright v. United States |
Third Circuit |
2019-08-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
double-jeopardy indictment-dismissal inherent-power inherent-power-of-courts judicial-integrity jury-deadlock mistrials prosecutorial-discretion prosecutorial-misconduct separation-of-powers trial-court-discretion trial-court-power |
Whether a trial court possesses inherent power to dismiss an indictment with prejudice following serial mistrials for jury deadlock or whether the exe… |
| 19-5301 |
Aaron Orlando Richards v. Louisiana |
Louisiana |
2019-07-25 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-interpretation criminal-procedure double-jeopardy due-process equal-protection first-degree-murder jury-trial jury-unanimity jury-verdict legislative-amendment non-unanimous-verdict prosecutorial-discretion unanimous-verdict |
Did the appellate court err in its interpretation of Apodaca Bad Bertrand? In this first degree murder prosecution, the jury returned an eleven-to-one… |
| 18A1361 |
Raymont Wright v. United States |
Third Circuit |
2019-06-26 |
Presumed Complete |
|
first-impression indictment-dismissal judicial-power mistrials prosecutorial-discretion separation-of-powers |
Whether trial courts have inherent power to dismiss an indictment with prejudice following multiple mistrials for deadlocked juries (not whether court… |
| 18-9561 |
In Re Benny Stewart |
|
2019-06-06 |
Denied |
Relisted (2)IFP |
constitutional-procedure due-process due-process,recusal,probable-cause,felony-prosecut felony-prosecution information judge-recusal judicial-bias judicial-recusal probable-cause prosecutorial-discretion recusal state-law |
The unconstitutional potential for bias and judge recusal when a felony is prosecuted by an information under state law when the same judge makes the … |
| 18-9423 |
Ayanna Angle v. United States |
Ninth Circuit |
2019-05-24 |
Denied |
Response WaivedIFP |
appellate-review batson-challenge batson-v-kentucky constitutional-procedure equal-protection harmless-error judicial-review jury-selection peremptory-challenges peremptory-strikes prosecutorial-discretion racial-discrimination |
When a court of appeals finds that a district court, in overruling an objection to the prosecution's use of peremptory juror strikes, failed to comple… |
| 18-9114 |
Nolan George v. Noah Nagy, Warden |
Sixth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
constitutional-commitment contract-law due-process equal-protection fifth-amendment fourteenth-amendment legal-promise plea-bargaining prosecutorial-discretion statute-of-limitations |
IS IT A VIOLATION OF THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION FOR STATE OR FEDERAL COURTS AND PROSECUTORS TO IGNORE, ALTE… |
| 18-1369 |
James Bradley Anderson v. Washington |
Washington |
2019-05-01 |
Denied |
|
bill-of-particulars criminal-procedure double-jeopardy due-process ineffective-assistance jury-instructions pre-trial-notice prosecutorial-discretion |
Must the particulars of each count of an information be specified prior to trial, or can a prosecutor be allowed to match alleged acts to the counts i… |
| 18-8861 |
Allen Louis Dorsey, Sr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
charging-documents charging-information confidential-informant confidential-informants controlled-substances criminal-procedure discovery double-jeopardy due-process prosecutorial-discretion substance-sale |
1. Can a citizen be convicted of the uncharged crime of selling a Controlled Substance to Police Confidential Informant (C. I. #884902), but be charge… |
| 18-1277 |
William F. Sorin v. Department of Justice |
Second Circuit |
2019-04-08 |
Denied |
Response Waived |
' °° ae federal-sentencing-guidelines foia-exemptions foia-improvement-act-2016 government-transparency presidential-memorandum prosecutorial-discretion |
Question not identified. |
| 18-8692 |
Jerry Adams, Jr. v. Robert Neuschmid, Acting Warden |
Ninth Circuit |
2019-04-03 |
Denied |
Response RequestedRelisted (2)IFP |
28-usc-2254 appellate-review batson-challenge batson-claim equal-protection habeas-corpus jury-selection prosecutorial-discretion racial-discrimination standard-of-review state-court-review |
After the prosecutor admitted misrepresenting her actual reasons for striking a prospective juror, the trial judge was "troubled by" some of the prose… |
| 18-8364 |
James D. Sullivan v. United States |
Sixth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure evidence-rule-414 evidentiary-hearing federal-rules-of-evidence grand-jury plea-agreement plea-withdrawal prosecutorial-discretion rule-104 rule-414 |
In a prosecution of a child pornography case under Title 18 U.S.C., Chapter 110, the government may seek to admit evidence of prior similar acts under… |
| 18-7896 |
Ricardo Montanez-Quinones v. United States |
First Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
child-pornography distribution evidence knowingly-distributed knowledge plea-agreement prosecutorial-discretion sentencing-enhancement sentencing-guidelines |
What constitutes sufficient evidence of knowledge to support two level enhancement for "knowingly engaging in distribution" of child pornography under… |
| 18-7817 |
Andrew Paul Ceballos v. California |
California |
2019-02-07 |
Denied |
Response WaivedIFP |
batson-challenge Batson-v-Kentucky civil-rights disparate-impact due-process equal-protection jury-selection prosecutorial-discretion racial-discrimination scotus |
Courts often reject Batson claims where the prospective juror at issue has a relative with a criminal conviction, a reason that has a disparate impact… |
| 18-7714 |
Anthony Grandison v. Maryland |
Maryland |
2019-02-01 |
Denied |
Response WaivedIFP |
blockburger-test common-law-murder commutation cumulative-punishment double-jeopardy double-jeopardy-clause due-process felony-murder handgun-use jury-instructions legislative-intent merger-of-offenses non-merger-rule prosecutorial-discretion required-evidence-test sentencing statutory-construction statutory-offenses |
I. Whether the Maryland Court of Appeals erred in holding in light of Missouri v. Hunter convictions for common law first degree murder did not merger… |
| 18-7632 |
Abraham Grant v. Wendy Kelly, Director, Arkansas Department of Correction |
Arkansas |
2019-01-29 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process felony-conviction habeas-corpus prosecutorial-discretion speedy-trial standing state-court-decision |
Question not identified. |
| 18-962 |
In Re Joseph M. Arpaio |
|
2019-01-25 |
Denied |
Amici (1) |
criminal-appeal department-of-justice due-process federal-courts prosecutorial-discretion separation-of-powers special-prosecutor young-v-united-states |
Where the Department of Justice has appeared in a criminal appeal on behalf of the United States, and indicated that it intends to represent the Unite… |
| 18-7419 |
Fausto Becerra v. United States |
Fifth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
accountability constitutional-rights criminal-procedure drug-offenses drug-quantity due-process maximum-punishment plea-agreement plea-bargain prosecutorial-discretion sentencing sentencing-enhancement sentencing-guidelines |
Because the stipulation in the plea bargain which limited the amount and type of drugs was not followed or advocated by the Government, Mr. Becerra wa… |
| 18-7303 |
Joel Rivera v. United States |
Seventh Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
advance-knowledge aiding-and-abetting armed-robbery credibility-of-witness credible-witness criminal-intent due-process evidence firearm-use new-trial prosecutorial-discretion seventh-circuit witness-credibility |
WHETHER ROSEMOND V. UNITED STATES, 134 S.Ct. 1240 (2014), WAS WRONGLY INTERPRETED AND APPLIED BY THE SEVENTH CIRCUIT COURT OF APPEALS WHEN IT UPHELD M… |
| 18-7264 |
Joel E. Miller v. United States |
Tenth Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
controlled-substances controlled-substances-act criminal-liability drug-trafficking gonzales-v-oregon jury-instructions medical-malpractice medical-practice medical-practitioner prosecutorial-discretion standard-of-care united-states-v-moore |
Because many controlled substances have medical uses, the Controlled Substances Act ("CSA") authorizes doctors and other medical practitioners to issu… |
| 18-818 |
Hubert Thompson v. James C. Rovella, Chief of Police, City of Hartford, Connecticut, et al. |
Second Circuit |
2018-12-27 |
Denied |
Response Waived |
civil-procedure civil-rights compensation due-process equitable-tolling prosecutorial-discretion prosecutorial-misconduct statutory-interpretation wrongful-incarceration |
Whether the statutory requirement that the petitioner show his criminal case was dismissed based on innocence or grounds consistent with innocence as … |
| 18-7094 |
Floyd Daniel Smith v. California |
California |
2018-12-19 |
Denied |
Amici (1)Relisted (2)IFP |
batson-challenge batson-v-kentucky due-process equal-protection flowers-v-mississippi jury-selection peremptory-challenges peremptory-strikes prosecutorial-discretion racial-discrimination |
This case involves the killing of a white teenager by a black defendant. The case was so racially charged that the defense attorneys – who were also b… |
| 18-7104 |
Axel Irizarry-Rosario v. United States |
First Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process government-misconduct government-obligation government-obligations judicial-ethics plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-argument statutory-interpretation |
May the government avoid its obligation to scrupulously observe the terms of a plea agreement by including in its sentencing argument information not … |
| 18-6983 |
Sholam Weiss v. United States |
Eleventh Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
and a Certificate of Appealability should have is where the government had committed itself to pros adversary-system adverse-positions certificate-of-appealability criminal-procedure due-process grand-jury prosecutorial-commitment prosecutorial-discretion right-to-counsel |
This Court implicitly held in Kirby v. Illinois, 406 U.S. 682 (1972), that the right to counsel can attach before formal charges are made, or before a… |
| 18-6802 |
Patrick Kitlas v. F. B. Haws, Warden |
Ninth Circuit |
2018-11-26 |
Denied |
IFP |
actual-reason actual-reasons batson-challenge batson-v-kentucky due-process equal-protection evidentiary-hearing jury-selection ninth-circuit peremptory-strike prosecutor-reasons prosecutorial-discretion racial-discrimination |
Batson v. Kentucky, 476 U.S. 79 (1986) requires prosecutors to provide their actual reasons for striking jurors. The prosecutor here provided reasons … |
| 18-6822 |
Mark Anthony Brown v. United States |
Sixth Circuit |
2018-11-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process federal-statute lesser-included-offense notice-requirement prosecutorial-discretion sentencing sentencing-enhancement statutory-interpretation |
The plain language of 21 U.S.C. § 851 requires the United States to, "before trial," file an "information" if it intends to seek enhanced statutory pe… |
| 18-6366 |
John A. Barbosa v. United States |
First Circuit |
2018-10-17 |
Denied |
Response WaivedIFP |
armed-career-criminal-act carachuri-rosendo carachuri-rosendo-v-holder charging-decision charging-document circuit-split judgment maximum-sentence plea-colloquy prosecutorial-discretion record-of-conviction rodriguez-precedent serious-drug-offense state-drug-offense |
The Court's decision in United States v. Rodriquez, which it clarified in Carachuri-Rosendo v. Holder, instructs lower courts to look to the record of… |
| 18-6027 |
Hayden Beaulieu v. Arizona |
Arizona |
2018-09-18 |
Denied |
IFP |
8th-amendment cruel-and-unusual-punishment due-process eighth-amendment extradition juvenile-justice plea-deal prosecutorial-discretion sentencing transfer-hearing |
Is it permissible under the 8th amendment of the Constitution to impose an adult sentence upon a minor who has been convicted of a non-dangerous, non-… |
| 18-5997 |
Francisco Burciaga v. United States |
Tenth Circuit |
2018-09-14 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-law drug-classification drug-policy due-process heroin-hydrochloride innocence legal-ambiguity pharmaceutical-industry prosecutorial-discretion sentencing statutory-interpretation vagueness |
All University Englh Dictionaries define/describe as follows:
heroin— a derivative of morphine
morphine— a derivative of opium
What is heroin hydro… |
| 18-5972 |
Assane Faye v. United States |
Third Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure |
Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra… |
| 18-255 |
George Briscoe v. Texas |
Texas |
2018-08-28 |
Denied |
|
criminal-procedure defendant-rights due-process fair-trial indictment indictment-amendment indictment-modification jury-selection prosecutorial-discretion statutory-interpretation texas-criminal-procedure vagueness |
Can a defendant receive a fair trial when the plain language of a statute is ignored to allow the government to change the indictment after a jury has… |
| 18-5776 |
Carlos Placeres-Cruz v. United States |
Ninth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
breach-of-contract circuit-split criminal-procedure duty-of-candor judicial-interpretation plea-agreement prosecutor-misconduct prosecutorial-discretion sentencing-recommendation |
Where some courts hold that a prosecutor commits an implicit breach of a
plea agreement by proffering statements undermining the agreed sentencing rec… |
| 18-240 |
Kirk Tang Yuk v. United States |
Second Circuit |
2018-08-24 |
Denied |
Response Waived |
co-conspirator-testimony criminal-procedure criminal-venue due-process government-overreach jurisdiction prosecutorial-discretion prosecutorial-misconduct sixth-amendment telephone-call-evidence venue venue-manipulation witness-location |
Whether a prosecutor can manufacture venue in a particular district solely by bringing a cooperating witness to a favored district and having the witn… |
| 18-5751 |
William Burke v. Georgia |
Georgia |
2018-08-24 |
Denied |
Response WaivedIFP |
adversarial-process constitutional-fairness criminal-procedure double-jeopardy due-process evidence evidence-review fair-trial judicial-review jury-instructions post-conviction-review prosecutorial-discretion prosecutorial-misconduct trial-strategy |
At what point does it become fundamentally unfair to 'adjust the charges to the evidence'? In this instance, the State adjusted the charges, and by ex… |
| 18-237 |
Gary Thomas and Felix Parrilla v. United States |
Second Circuit |
2018-08-23 |
Denied |
Response Waived |
6th-amendment civil-procedure conspiracy-venue constitutional constitutional-venue cooperating-witness criminal-procedure due-process federal-rules-of-criminal-procedure government-witness manufactured-venue prosecutorial-discretion sixth-amendment venue venue-determination venue-manipulation venue-provisions witness-cooperation |
1. Whether it is permissible under the venue provisions of the U.S. Constitution Article III, § 2, cl. 3; the Sixth Amendment; and Federal Rules of Cr… |
| 18-199 |
Ken Liang v. United States |
Ninth Circuit |
2018-08-15 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure doj-investigation due-process government-misconduct jury-trial jury-trial-waiver material-witness obstruction-of-justice prosecutorial-discretion prosecutorial-misconduct reverse-sting |
Is it an Obstruction of Justice, when an individual obstructs an oppressive DOJ investigation, when, the alleged crime to be investigated was not a cr… |
| 18-192 |
J. B. R. v. United States |
Fifth Circuit |
2018-08-14 |
Denied |
|
age-of-criminal-responsibility constitutional-limits constitutional-punishment criminal-prosecution death-penalty due-process first-degree-murder juvenile-justice juvenile-offender juvenile-offenders life-imprisonment prosecutorial-discretion statutory-interpretation statutory-punishment |
Whether the Due Process Clause forbids the Government from prosecuting an individual who was a juvenile at the time of the crime under a statute that … |
| 18-5464 |
Jose Benitez, Jr. v. United States |
Eleventh Circuit |
2018-08-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
armed-bank-robbery closing-argument constructive-amendment criminal-procedure due-process firearm firearm-specification indictment indictment-variance jury-instructions prosecutorial-discretion variance |
1. Does a constructive amendment occur where the jury instructions relieve
the Government of proving, as alleged in the indictment, that a defendant c… |
| 18-102 |
Stacey White, et vir v. Joseph Foster, et al. |
New Hampshire |
2018-07-23 |
Denied |
Response Waived |
animal-cruelty civil-rights constitutional-rights due-process equal-protection executive-discretion prosecutorial-discretion standing veterinary-malpractice victim-rights |
1. Whether the Fourteenth Amendment of the
United States Constitution gives victims of crimes
committed by veterinarians standing to seek the same
pro… |
| 18-5302 |
Terry Dixon v. United States |
Fifth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
18-usc-922 18-USC-922g 18-usc-922g1 carachuri-rosendo-v-holder crime-punishable-by-imprisonment criminal-firearm felon-in-possession prosecutorial-discretion sentencing-exposure underlying-felony |
1. In a federal proceeding wherein the defendant is charged with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), in d… |
| 18-5265 |
In Re Brandon Lee |
|
2018-07-18 |
Denied |
IFP |
consent consent-requirements criminal-procedure due-process equal-protection indictment-procedure indictments indigent-defendants judicial-standard prosecutorial-discretion right-to-counsel right-to-effective-assistance-of-counsel right-to-jury-trial standard |
1. SHOULD THE STATE BE PERMITTED TO ISSUE TRUE BILL MISREPRESENTATION OF THE CHARGING INSTRUMENT FOR ALL CRIMINAL MATTERS PERTAINING TO INDIGENT DEFEN… |
| 18-5233 |
Edgar Alejandro Radillo, et al. v. Rosemary Ndoh, Warden, et al. |
Ninth Circuit |
2018-07-13 |
Denied |
IFP |
batson-challenge civil-rights due-process equal-protection Fourteenth-Amendment jury-selection minority-jurors non-minority-jurors peremptory-challenges prosecutorial-discretion prosecutorial-motivation racial-discrimination Sixth-Amendment |
1. In a case where the prosecutor has exercised peremptory challenges against minority panelists citing traits shared by non-minority panelists who we… |
| 18-5086 |
Brian Keith Uzzle v. Lesley Fleming, Warden |
Fourth Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
criminal-procedure custody custody-status double-jeopardy due-process nolle-prosequi nolle-prosequy prosecutorial-discretion prosecutorial-misconduct re-indictment reindictment speedy-trial |
1. Whether a state Court may benefit, gaming Ane advantage
of a ceskact On ne Speedy Trial clock (ice indefinitely
Post porin 9 prosecuticni, over Man… |