| 25-6794 |
Robert Emert v. Andrea Schuck, et al. |
Ninth Circuit |
2026-02-11 |
Pending |
IFP |
due-process ineffective-assistance plea-breach prosecutorial-misconduct santobello-precedent section-1983 |
Whether a court of appeals may dismiss as 'frivolous' a § 1983 plea-breach claim supported by recorded evidence and governed by Santobello v. New York |
| 25-884 |
Dontae Terrell Moore v. Texas |
Texas |
2026-01-23 |
Pending |
Response RequestedResponse Waived |
criminal-procedure false-testimony habeas-corpus materiality-standard prosecutorial-misconduct texas-criminal-appeals |
Whether the Court should grant certiorari, vacate the TCCA's judgment, and remand to apply the correct 'materiality' standard for false and misleading… |
| 25-6660 |
Demetrius Franklin v. Raymond Madden, Warden |
Ninth Circuit |
2026-01-23 |
Pending |
Response WaivedIFP |
brady-violation certificate-of-appealability habeas-corpus ninth-circuit prosecutorial-misconduct summary-denial |
Did the Ninth Circuit's summary denial of a Certificate of Appealability (COA) so clearly misapply Buck's standard for granting a COA as to call for r… |
| 25A828 |
Ernest D. Suggs v. Florida |
Florida |
2026-01-21 |
Application |
|
due-process habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-misconduct serial-killer |
Whether the Due Process Clause requires a new trial when a defendant presents newly discovered evidence suggesting potential prosecutorial misconduct … |
| 25-862 |
Michael Jerome Newberry v. Texas |
Texas |
2026-01-20 |
Pending |
|
brady-violation capital-murder due-process habeas-corpus prosecutorial-misconduct state-court-review |
Where the Petitioner, the State, and the habeas court all agree that a conviction is unconstitutional and must be reversed, does it violate due proces… |
| 25-6584 |
Leihinahina Sullivan v. United States |
Ninth Circuit |
2026-01-14 |
Pending |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment judicial-misconduct prosecutorial-misconduct sixth-amendment |
Whether multiple alleged judicial and prosecutorial errors in a criminal case constitute grounds for reversal of conviction and sentencing, including … |
| 25A803 |
Henry Wade v. United States |
Eleventh Circuit |
2026-01-12 |
Application |
|
constitutional-violation criminal-procedure due-process jury-trial prosecutorial-misconduct structural-error |
Whether structural constitutional errors in a criminal prosecution that fundamentally undermine the integrity of the trial process require vacatur of … |
| 25-816 |
Kenneth R. Spirito v. United States |
Fourth Circuit |
2026-01-09 |
Pending |
Response Waived |
brady-violation criminal-procedure due-process evidence-suppression habeas-corpus prosecutorial-misconduct |
Whether defendants raising Brady violations that can show the government suppressed evidence are entitled to production of that evidence in discovery … |
| 25-6526 |
Johnny Ray Walls-Bey v. Arizona |
Arizona |
2026-01-08 |
Pending |
Response WaivedIFP |
brady-rule due-process false-testimony napue-violation plea-agreement prosecutorial-misconduct |
Whether state prosecutors' knowing use of false testimony undermines plea agreement voluntariness and constitutes a due process violation |
| 25-6497 |
Candelario Cruz-Trujillo v. Indiana |
Indiana |
2026-01-06 |
Pending |
Response WaivedIFP |
appellate-review ineffective-assistance judicial-proceedings post-conviction-relief prosecutorial-misconduct waiver |
Whether the Indiana Court of Appeals' holding that Candelario Cruz-Trujillo waived his post-conviction claim due to insufficient Record citations repr… |
| 25A761 |
Michael Jerome Newberry v. Texas |
Texas |
2026-01-02 |
Application |
|
brady-violation constitutional-review due-process judicial-discretion prosecutorial-misconduct state-habeas |
Whether the Due Process Clause requires a state appellate court to provide reasoned explanation when rejecting a lower court's favorable fact-findings… |
| 25-6402 |
Anwar Mithavayani v. United States |
Sixth Circuit |
2025-12-18 |
Pending |
Response WaivedIFP |
certificate-of-appealability constitutional-claims habeas-corpus ineffective-assistance procedural-default prosecutorial-misconduct |
Whether the lower courts provided sufficient process to test the legality of Petitioner's Detention under 28 U.S.C. § 2255 and due process jurispruden… |
| 25-6362 |
Dan Ioan Belc v. Florida |
Florida |
2025-12-15 |
Denied |
Response WaivedIFP |
confrontation-rights due-process ineffective-counsel jury-instructions prosecutorial-misconduct trial-court-discretion |
Whether the cumulative prosecutorial misconduct and trial court errors fundamentally undermined the petitioner's right to a fair trial |
| 25A625 |
Louisiana, ex rel. Darrell J. Robinson v. Darrel Vannoy, Warden |
Louisiana |
2025-11-26 |
Application |
|
brady-violation exculpatory-evidence impeachment-evidence post-conviction prosecutorial-misconduct supreme-court-review |
Whether the prosecution's failure to disclose impeachment and exculpatory evidence constituted a Brady violation that prejudicially undermined the fai… |
| 25A586 |
Jonathan Harrelson v. Mississippi |
Mississippi |
2025-11-18 |
Application |
|
affirmative-defense age-of-consent criminal-intent minor-victim prosecutorial-misconduct statutory-rape |
Whether a defendant can be convicted of statutory rape when he claims to have been misled about the victim's age and believed the minor was over the a… |
| 25-6013 |
Kimberly Lee Kessler v. Florida |
Eleventh Circuit |
2025-11-03 |
Denied |
IFP |
conflict-of-interest due-process habeas-corpus kangaroo-court prosecutorial-misconduct witness-tampering |
Question not identified. |
| 25-5997 |
Tremane Wood v. Oklahoma |
Oklahoma |
2025-10-30 |
Denied |
Amici (4)IFP |
brady-violation capital-punishment judicial-bias napue-violation prosecutorial-misconduct witness-testimony |
Should the Court grant a new trial based on prosecutorial misconduct involving knowingly false witness testimony and hidden benefits in a capital murd… |
| 25-6001 |
Charles Chad Giese v. Edward Borla, Warden |
Ninth Circuit |
2025-10-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance miranda-rights prosecutorial-misconduct |
Whether the cumulative errors of ineffective assistance of counsel, unMirandized statements, prosecutorial misconduct, and evidentiary exclusions depr… |
| 25-5982 |
Bani Marcela Duarte v. Lavelle Parker, Acting Warden |
Ninth Circuit |
2025-10-29 |
Denied |
IFP |
due-process fair-trial ineffective-assistance prosecutorial-misconduct reasonable-doubt second-degree-murder |
Whether the prosecution failed to prove second-degree murder beyond a reasonable doubt and whether multiple alleged trial errors deprived the defendan… |
| 25-5940 |
Stephen Elliot Powers v. Mississippi |
Mississippi |
2025-10-22 |
Denied |
IFP |
brady-violation due-process exculpatory-evidence fair-trial fourteenth-amendment prosecutorial-misconduct |
Whether the State's suppression of exculpatory evidence deprived Powers of his right to a fair trial in violation of the Fourteenth Amendment |
| 25-5900 |
Latisha Anderson v. United States |
Fourth Circuit |
2025-10-16 |
Denied |
Relisted (3)IFP |
criminal-procedure due-process fifth-amendment liberty-interest prosecutorial-misconduct sixth-amendment |
Whether the Fourth Circuit's decision deprives the petitioner of due process and effective assistance of counsel under the Fifth and Sixth Amendments |
| 25-424 |
Patricia Ashton Derges v. United States |
Eighth Circuit |
2025-10-08 |
Denied |
Response Waived |
appellate-review brady-violations constitutional-violations due-process judicial-misconduct prosecutorial-misconduct |
Whether seven constitutional violations, over 120 Brady violations, and more than 200 acts of prosecutorial and judicial misconduct warrant Supreme Co… |
| 25-407 |
Scott Breimeister v. United States |
Fifth Circuit |
2025-10-06 |
Pending |
Amici (1)Response RequestedResponse Waived |
double-jeopardy government-misconduct implied-consent mistrial prosecutorial-misconduct strict-scrutiny |
What constitutes implied consent to a mistrial when determining if a defendant has forfeited a Double Jeopardy claim, and does strict scrutiny apply t… |
| 25-5703 |
In Re Steven Ray Wycoff |
|
2025-09-23 |
Denied |
IFP |
aedpa-restrictions conflict-of-interest due-process habeas-corpus innocence-claim prosecutorial-misconduct |
Whether the AEDPA's § 2244(b)(3)(E) prohibits seeking rehearing en banc after a court of appeals' denial of a second federal habeas application, and w… |
| 25-5682 |
Damon Neal Dunbar, Jr. v. Oklahoma |
Oklahoma |
2025-09-18 |
Denied |
IFP |
actual-innocence brady-violation constitutional-error jury-evidence napue-violation prosecutorial-misconduct |
Whether the Oklahoma court of criminal appeals erred in rejecting constitutional errors under Brady and Napue and depriving the jury of critical evide… |
| 25-5638 |
Okechukwu Amadi v. Pamela Bondi, Attorney General, et al. |
District of Columbia |
2025-09-16 |
Denied |
IFP |
constitutional-rights department-of-justice due-process judicial-review mandamus prosecutorial-misconduct |
Whether the district court erred in denying Petitioner's motion to compel the Department of Justice to investigate allegations of prosecutorial miscon… |
| 25-5633 |
Mica Alexander Martinez v. Christe Quick, Warden |
Tenth Circuit |
2025-09-15 |
Denied |
IFP |
capital-sentencing due-process ineffective-assistance juror-unanimity prosecutorial-misconduct racial-bias |
May evidence be so unduly prejudicial to 'one juror' in a capital sentencing proceeding that it renders it fundamentally unfair, particularly in juris… |
| 25A275 |
Benjamin Jakes-Johnson v. United States |
Second Circuit |
2025-09-09 |
Presumed Complete |
|
appellate-review certificate-of-appealability constitutional-right ineffective-assistance prosecutorial-misconduct section-2255 |
Whether a district court's summary denial of a certificate of appealability without substantive analysis violates a criminal defendant's right to mean… |
| 25-5545 |
Miguel Angel Homedes v. United States |
Sixth Circuit |
2025-09-04 |
Denied |
Response WaivedIFP |
appellate-review closing-argument due-process evidentiary-rules prosecutorial-misconduct trial-procedure |
Whether improper prosecutorial statements in closing argument are sufficiently flagrant to warrant reversal, where they inserted facts not directly in… |
| 25-5484 |
Corey Blaine Coggins v. Eric Cox, Warden |
Eleventh Circuit |
2025-08-27 |
Denied |
IFP |
actual-innocence brady-violation habeas-corpus ineffective-assistance joint-defense-agreement prosecutorial-misconduct |
Did Coggins' Public Defender's joint defense agreement without his knowledge constitute ineffective assistance of counsel, potentially leaving him wit… |
| 25-5469 |
Bryan Christopher Bell v. North Carolina |
North Carolina |
2025-08-26 |
Denied |
Amici (5)IFP |
batson-challenge equal-protection gender-discrimination jury-selection postconviction-relief prosecutorial-misconduct |
Whether the North Carolina Supreme Court improperly barred relief in a Batson challenge involving gender-based jury discrimination |
| 25-5428 |
Rodger D. Stevens v. Michael Miller, Warden |
Tenth Circuit |
2025-08-21 |
Denied |
IFP |
brady-violation due-process exculpatory-evidence habeas-corpus ineffective-assistance prosecutorial-misconduct |
Whether a defendant can obtain exculpatory evidence withheld by prosecutors and challenge due process violations through habeas corpus when potentiall… |
| 25-5403 |
In Re Michael Jay Harris |
|
2025-08-19 |
Denied |
IFP |
actual-innocence constitutional-rights evidentiary-hearing habeas-corpus procedural-default prosecutorial-misconduct |
Whether a subsequent habeas petition raising claims of prosecutorial misconduct and actual innocence should be permitted to proceed despite procedural… |
| 25-5374 |
Artez Hammonds v. Alabama |
Alabama |
2025-08-15 |
Denied |
IFP |
circuit-split due-process jury-instructions prosecutorial-misconduct self-incrimination sixth-amendment |
Whether, under Griffin v. California and Carter v. Kentucky, jury instructions omitting 'no adverse inference' language can cure a prosecutor's willfu… |
| 25A188 |
Jessica Arong O'Brien v. United States |
Seventh Circuit |
2025-08-15 |
Presumed Complete |
|
bank-fraud constitutional-interpretation ex-post-facto financial-institution prosecutorial-misconduct subject-matter-jurisdiction |
Whether the Ex Post Facto Clause prohibits prosecuting a defendant under an expanded statutory definition of 'financial institution' that did not exis… |
| 25-5313 |
Kevin William Cassaday v. United States |
Sixth Circuit |
2025-08-08 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-violations due-process federal-procedure obstruction-of-justice prosecutorial-misconduct |
Whether multiple constitutional amendments were violated during Mr. Cassaday's arrest, prosecution, and incarceration, and if government officials eng… |
| 25A160 |
Stephen Elliot Powers v. Mississippi |
Mississippi |
2025-08-06 |
Presumed Complete |
|
alternative-suspect brady-violation capital-murder dna-evidence due-process prosecutorial-misconduct |
Whether the prosecution's suppression of exculpatory DNA evidence and alternative suspect information violated the defendant's due process rights unde… |
| 25A143 |
Justin Baggett v. Texas |
Texas |
2025-08-05 |
Presumed Complete |
|
habeas-corpus impeachment-evidence ineffective-assistance no-contest-plea plea-bargain prosecutorial-misconduct |
Whether a defendant's no-contest plea precludes challenging a conviction based on undisclosed impeachment evidence about a key witness under United St… |
| 25A150 |
Maurice Cruz-Webster v. Brian Emig, Warden, et al. |
Third Circuit |
2025-08-05 |
Presumed Complete |
|
cumulative-error habeas-corpus ineffective-assistance procedural-default prosecutorial-misconduct strickland-standard |
Whether a state court's denial of a criminal defendant's ineffective assistance of counsel claim constitutes an unreasonable application of clearly es… |
| 25-5266 |
In Re Kimberly Lee Kessler |
|
2025-08-04 |
Denied |
Relisted (2)IFP |
constitutional-violation due-process fair-trial jury-instructions prosecutorial-misconduct right-to-counsel |
Whether the trial court's jury instructions and prosecutorial misconduct violated the defendant's due process rights and right to a fair trial |
| 25-5257 |
Eric Sean Roloson v. Washington |
Washington |
2025-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process involuntary-plea plea-bargaining prosecutorial-misconduct sentencing-alternative |
Whether the State's misrepresentation that the victims would support a SSOSA rendered Petitioner's plea involuntary, in violation of the Due Process C… |
| 25-5207 |
Jessica Salazar v. United States |
Ninth Circuit |
2025-07-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process first-amendment prosecutorial-misconduct religious-freedom |
What place, if any, does an individual's religious belief have in a criminal case? |
| 25A114 |
Scott Breimeister v. United States |
Fifth Circuit |
2025-07-28 |
Presumed Complete |
|
double-jeopardy fifth-amendment governmental-misconduct mistrial prosecutorial-misconduct trial-procedure |
Whether the Double Jeopardy Clause bars a criminal retrial when a mistrial was sua sponte declared due to government misconduct over the defendant's o… |
| 25-5191 |
Steven Edward Stein v. Florida |
Florida |
2025-07-24 |
Denied |
IFP |
brady-violation criminal-procedure due-process evidence-suppression materiality-standard prosecutorial-misconduct |
Whether the Florida Supreme Court's determination that 'equally accessible' evidence has not been suppressed by the State is contrary to Brady and its… |
| 25-5183 |
Manuel Javier Perez v. Texas |
Texas |
2025-07-23 |
Denied |
Response RequestedRelisted (2)IFP |
brady-violation dna-evidence habeas-corpus materiality-standard prosecutorial-misconduct scientific-evidence |
Whether DNA evidence that is not conclusively exculpatory but potentially undermines the prosecution's case constitutes a Brady violation requiring re… |
| 25-5157 |
Juan T. Tyler v. Luis Martinez, Warden |
Ninth Circuit |
2025-07-21 |
Denied |
Response WaivedIFP |
attempted-murder due-process ineffective-assistance jury-instructions premeditation prosecutorial-misconduct |
Whether the prosecution proved beyond a reasonable doubt that the shooter premeditated and deliberated an attempted murder, and whether the trial cour… |
| 25-5127 |
John W. Biddle v. Administrator, New Jersey State Prison, et al. |
Third Circuit |
2025-07-16 |
Denied |
Response WaivedIFP |
due-process fifth-amendment fourth-amendment identification-procedures prosecutorial-misconduct sixth-amendment |
Whether multiple constitutional violations, including due process, prosecutorial misconduct, and ineffective assistance of counsel, warrant Supreme Co… |
| 25-5083 |
Michael Bernard Bell v. Florida |
Florida |
2025-07-10 |
Denied |
IFP |
death-penalty eighth-amendment evidentiary-hearing fourteenth-amendment prosecutorial-misconduct witness-recantation |
Does the Petitioner's execution violate the Eighth and Fourteenth amendments to the United States Constitution when the government and trial court int… |
| 24-7496 |
Allen Odell Woods v. Keithe Turner, Warden |
Fifth Circuit |
2025-06-25 |
Denied |
Response WaivedIFP |
brady-violation constitutional-claim criminal-procedure ineffective-assistance prosecutorial-misconduct witness-impeachment |
Whether counsel's performance was constitutionally deficient in failing to raise Brady claims, locate key witnesses, impeach state witnesses, and chal… |
| 24A1265 |
Charles L. Payne, II v. Ohio |
Ohio |
2025-06-23 |
Presumed Complete |
|
due-process fourteenth-amendment harmless-error prosecutorial-misconduct sixth-amendment witness-vouching |
Whether a trial court violates a defendant's Sixth and Fourteenth Amendment rights by permitting prosecutorial and police vouching for a witness's cre… |
| 24-7397 |
John Fitzgerald Hanson v. Oklahoma |
Oklahoma |
2025-06-11 |
Denied |
IFP |
brady-violation capital-murder diligence-standard evidence-suppression prosecutorial-misconduct witness-testimony |
Whether a court may impose a diligence standard rendering evidence inadmissible despite prosecutorial suppression under Brady v. Maryland, and whether… |
| 24-7395 |
In Re Isaac Gray |
|
2025-06-10 |
Denied |
IFP |
brady-violation conflict-of-interest ineffective-assistance peremptory-challenges prosecutorial-misconduct trial-counsel |
Did the State court err in denying trial counsel's effectiveness in multiple instances, including challenging peremptory challenges, filing sentence m… |
| 24-7385 |
Luster Pernell Burns, Jr. v. Jeff Tanner, Warden |
Sixth Circuit |
2025-06-09 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy fair-trial mistrial prosecutorial-misconduct |
Did the prosecutor engage in intentional misconduct in a previous trial which goaded the defense into moving for a mistrial, which barred retrial in t… |
| 24-7367 |
Timothy D. Leners v. Ryan Schelhaas, Interim Attorney General of Wyoming, et al. |
Tenth Circuit |
2025-06-06 |
Denied |
Response WaivedIFP |
amendment-rights castle-doctrine jury-instructions no-duty-to-retreat prosecutorial-misconduct self-defense |
Were the Defendant's 2nd, 5th, 6th, and 14th Amendment Rights violated through denial of 'No Duty to Retreat' jury instructions, misconduct by a disba… |
| 24-7368 |
In Re Anthony Floyd Wainwright |
|
2025-06-06 |
Denied |
IFP |
brady-violation constitutional-rights due-process habeas-corpus jailhouse-informant prosecutorial-misconduct |
Whether the state court's Brady analysis violated due process by improperly relieving the State of its obligation to disclose exculpatory evidence fro… |
| 24-7352 |
Robert Allen Benney v. Thomas McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2025-06-04 |
Denied |
Relisted (2)IFP |
brady-doctrine constitutional-rights due-diligence equal-protection prosecutorial-misconduct youngblood-doctrine |
Since Youngblood & Brady are doctrines governing evidentiary preservation and focus on the prosecutions conduct, should courts be allowed to impose a … |
| 24-7070 |
In Re Shawn Michael Chalifoux |
|
2025-04-24 |
Denied |
IFP |
conspiracy controlled-substance false-testimony grand-jury prosecutorial-misconduct selective-prosecution |
Does an Assistant U.S. Attorney have the authority to present perjurious testimony and/or false declarations before a grand jury and/or district court… |
| 24-7036 |
Jose Padilla-Galarza v. United States |
First Circuit |
2025-04-21 |
Denied |
Response WaivedIFP |
brady-violation certificate-of-appealability due-process ineffective-assistance prosecutorial-misconduct strickland-standard |
Whether the denial of a Certificate of Appealability (COA) by the First Circuit conflicts with Slack v. McDaniel and involves substantial constitution… |
| 24-1089 |
Feanyichi E. Uvukansi v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-18 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
burden-of-proof due-process habeas-corpus materiality-standard perjured-testimony prosecutorial-misconduct |
Whether the state courts improperly required the petitioner to prove the materiality of perjured testimony and disregarded precedent on prosecutorial … |
| 24-1084 |
Steven M. Hohn v. United States |
Tenth Circuit |
2025-04-17 |
Denied |
Amici (7) |
attorney-client-privilege constitutional-rights legal-prejudice prosecutorial-misconduct sixth-amendment trial-procedure |
Whether a prosecutor's intentional, unjustified intrusion into a defendant's attorney-client communications violates the Sixth Amendment without a sho… |
| 24-6962 |
Prince L. Spellman v. United States |
Eighth Circuit |
2025-04-11 |
Denied |
Response WaivedIFP |
fourth-amendment prosecutorial-misconduct reasonable-suspicion standing suppression-hearing terry-stop |
Whether the Court of Appeals properly determined reasonable suspicion, evaluated prosecutorial misconduct, and applied Fourth Amendment standards in a… |
| 24-6880 |
Charles Christopher Wendell v. Florida |
Florida |
2025-03-27 |
Denied |
IFP |
due-process fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment witness-impeachment |
Whether failure to adequately impeach a witness, challenge other crimes evidence, investigate witnesses, request medical examination, and object to pr… |
| 24-6841 |
Micah Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-03-25 |
Dismissed |
IFP |
capital-punishment defendant-rights fifth-amendment jury-instructions penalty-phase prosecutorial-misconduct |
Whether a prosecutor violates a capital defendant's Fifth Amendment right by repeatedly telling the jury that the defendant deserved no mercy for not … |
| 24-6739 |
Christopher L. Smith v. Ohio |
Ohio |
2025-03-11 |
Denied |
IFP |
batson-challenge due-process expert-witness-testimony fair-trial jury-discrimination prosecutorial-misconduct |
Whether the Ohio trial court clearly erred in not conducting the Batson three-step analysis for jury selection and in failing to address alleged discr… |
| 24-6704 |
Brian Jury v. Ohio |
Ohio |
2025-03-05 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review brady-violation criminal-procedure due-process evidence-suppression prosecutorial-misconduct |
Did the Ohio Sixth District Court of Appeals impose an improper standard for Brady claims by requiring proof of state possession of evidence and mater… |
| 24-937 |
Miguel Adan Cayetano v. Texas |
Texas |
2025-03-03 |
Denied |
|
confrontation-clause constitutional-violations due-process fraud-on-court prosecutorial-misconduct supreme-court-authority |
Should the United States Supreme Court use its inherent authority to act sua sponte and vacate the prior decisions of the lower courts due to alleged … |
| 24-6546 |
Robert Dorgay v. Paul Reif, et al. |
Seventh Circuit |
2025-02-12 |
Denied |
Response WaivedIFP |
constitutional-amendments due-process-rights probation-restrictions prosecutorial-misconduct samson-precedent suspicionless-searches |
Does the Samson v. California decision extending 'Suspicionless Searches' to parolees apply to 'Suspicionless Seizures' by prosecutors that prevent co… |
| 24-6494 |
Brandon Green v. United States |
Second Circuit |
2025-02-06 |
Denied |
Response WaivedIFP |
brady-violation constitutional-stop-and-frisk due-process ineffective-assistance prosecutorial-misconduct sixth-amendment |
Whether the Second Circuit's affirmation of Mr. Green's conviction, despite overwhelming evidence of prosecutorial misconduct, violates due process an… |
| 24A755 |
Steven M. Hohn v. United States |
Tenth Circuit |
2025-02-04 |
Presumed Complete |
|
attorney-client-communications ineffective-assistance prosecutorial-misconduct right-to-counsel sixth-amendment trial-prejudice |
Whether the Sixth Amendment prohibits prosecutorial intrusion into attorney-client communications without requiring a showing of discrete, trial-speci… |
| 24-6394 |
In Re Saaed Moslem, et al. |
|
2025-01-27 |
Denied |
Response WaivedIFP |
constitutional-rights judicial-fraud jury-instructions prosecutorial-misconduct statute-of-limitations writ-of-mandamus |
Whether the Second Circuit's failure to address Petitioners' claims of prosecutorial misconduct and judicial fraud warrants this Court's intervention … |
| 24-6383 |
Christian Ricker v. Indiana |
Indiana |
2025-01-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance post-conviction prosecutorial-misconduct |
Whether the state appellate court's ruling on a criminal defendant's post-conviction claims of prosecutorial misconduct and ineffective assistance of … |
| 24-6365 |
Timothy M. Gemelli v. Perry Nicosia, District Attorney, 34th Judicial District Court, et al. |
Fifth Circuit |
2025-01-22 |
Denied |
Relisted (2)IFP |
brady-violation constitutional-tort court-order-disobedience due-process evidence-suppression prosecutorial-misconduct |
Whether the 5th Circuit and District Court committed reversible error by not considering the prejudice suffered from the causal link of disobedience b… |
| 24-6303 |
Javarus T. Leach v. Illinois |
Illinois |
2025-01-14 |
Denied |
IFP |
appellate-review constitutional-rights due-process ineffective-assistance post-conviction prosecutorial-misconduct |
Question not identified. |
| 24-6279 |
Dickens Etienne v. Michelle Edmark, Warden |
First Circuit |
2025-01-13 |
Denied |
Response WaivedIFP |
brady-disclosure exculpatory-evidence first-degree-murder habeas-corpus prosecutorial-misconduct self-defense |
Where there was suppressed exculpatory evidence, in the form of a proffer letter demonstrating that a key prosecution witness who provided significant… |
| 24-710 |
Daniel D. Basile, III v. Illinois |
Illinois |
2025-01-03 |
Denied |
Response Waived |
confession-evidence constitutional-amendments due-process grand-jury judicial-review prosecutorial-misconduct |
Whether the Illinois Supreme Court's holding weakens the shield function of the grand jury process by inappropriately altering the standard for establ… |
| 24-687 |
Matthew P. Leipart v. United States |
Armed Forces |
2024-12-27 |
Denied |
Response Waived |
constitutional-rights defense-counsel due-process military-justice prosecutorial-misconduct self-incrimination |
Whether defense counsel's unconsented guilt concession and the prosecutor's use of a prior guilty plea in closing arguments violated the accused's con… |
| 24A608 |
Miguel Adan Cayetano v. Texas |
Texas |
2024-12-19 |
Presumed Complete |
|
confrontation-clause due-process fourteenth-amendment medical-evidence prosecutorial-misconduct sixth-amendment |
Whether the Fourteenth Amendment's Due Process Clause and Sixth Amendment Right of Confrontation were violated by alleged collusion between a District… |
| 24A486 |
Jeremy Young Hutchinson v. United States |
Eighth Circuit |
2024-11-15 |
Presumed Complete |
|
ineffective-assistance plea-agreement prosecutorial-misconduct rule-11 sentencing-guidelines sentencing-recommendation |
Whether Rule 11(c)(1)(B) requires the government to either recommend or not oppose a defendant's sentencing recommendation, or permits the government … |
| 24-5961 |
James A. Bell v. Michele Dauzat, Warden |
Fifth Circuit |
2024-11-14 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-violation due-process prosecutorial-misconduct trial-fairness witness-vouching |
Whether a prosecutor's 'bolstering' of a witness's testimony constitutes an impermissible vouching exception and violates due process under the 14th A… |
| 24-5962 |
Preston M. Young v. Angela Phams, Warden, et al. |
Georgia |
2024-11-13 |
Denied |
IFP |
criminal-procedure due-process indictment ineffective-assistance prosecutorial-misconduct sixth-amendment |
Does a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to challenge an indictment or pr… |
| 24A465 |
Timothy M. Gemelli v. Perry Nicosia, District Attorney, 34th Judicial District Court, et al. |
Fifth Circuit |
2024-11-08 |
Presumed Complete |
|
brady-violation due-process exculpatory-evidence fourth-amendment material-evidence prosecutorial-misconduct |
Whether a prosecutor's failure to disclose potentially exculpatory text messages and cellphone evidence constitutes a Brady violation when the evidenc… |
| 24-5927 |
William Dale Watson v. William Streeter, Warden, et al. |
Eleventh Circuit |
2024-11-06 |
Denied |
Relisted (2)IFP |
criminal-procedure evidence-admissibility judicial-error jurisdictional-challenge prosecutorial-misconduct trial-fairness |
Did the Alabama Criminal Court of Appeals err in affirming Watson's conviction despite alleged jurisdictional defects, inadmissible evidence, and pros… |
| 24-513 |
Darryl Carter, et al. v. James E. Stewart, Sr., in his Official Capacity as District Attorney of Caddo Parish, Louisiana |
Fifth Circuit |
2024-11-05 |
Denied |
|
civil-rights jury-discrimination peremptory-challenges prosecutorial-misconduct racial-bias section-1983 |
Does a prospective juror who alleges they were struck as the result of a policy, custom, or usage of racial discrimination have a cause of action unde… |
| 24-5912 |
David C. Lettieri v. Paul E. Bonanno, et al. |
Second Circuit |
2024-11-05 |
Denied |
IFP |
absolute-immunity case-assignment due-process judicial-function jurisdictional-challenge prosecutorial-misconduct |
Whether absolute immunity shields prosecutors and judges from liability for fabricating evidence and potential jurisdictional overreach |
| 24-496 |
William Michael Crothers v. Wyoming |
Wyoming |
2024-10-31 |
Denied |
Response Waived |
brady-violation criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-credibility |
Did Wyoming state courts misapply the Brady v. Maryland rule by concluding that the prosecution's withholding of material exculpatory evidence did not… |
| 24-5843 |
Jerome R. Sueing v. Noah Nagy, Warden |
Sixth Circuit |
2024-10-29 |
Dismissed |
Response WaivedIFP |
constitutional-rights due-process ineffective-assistance prosecutorial-misconduct sixth-amendment trial-procedure |
Whether the trial court violated Petitioner's due process rights by joining unrelated cases and improperly admitting prejudicial testimony |
| 24-5807 |
Christopher Collings v. David Vandergriff, Warden |
Missouri |
2024-10-22 |
Denied |
IFP |
brady-violation cause-and-prejudice criminal-procedure due-process impeachment-evidence prosecutorial-misconduct |
Whether the State's failure to disclose impeachment evidence constitutes cause sufficient to excuse the petitioner's prior non-presentation of due pro… |
| 24-5791 |
Paul David Storey v. Texas |
Texas |
2024-10-21 |
Denied |
Amici (2)IFP |
brady-violation death-penalty due-process eighth-amendment habeas-corpus prosecutorial-misconduct |
Whether the State's suppression of favorable evidence and presentation of false arguments at a death penalty case's penalty phase violates due process… |
| 24A343 |
Saaed Moslem v. United States |
Second Circuit |
2024-10-11 |
Presumed Complete |
|
constitutional-rights fraud-on-court grand-jury judicial-misconduct prosecutorial-misconduct statute-of-limitations |
Whether prosecutorial misconduct that materially misrepresents facts to a grand jury and deliberately conceals such misconduct warrants dismissal of a… |
| 24-5618 |
Daramis Lee Sharkey v. James M. Holloway, Warden |
Sixth Circuit |
2024-09-24 |
Denied |
IFP |
constitutional-rights due-process evidence-misrepresentation jury-bias prosecutorial-misconduct trial-fairness |
Whether a prosecutor's misrepresentations of evidence can substantially impact a jury's perception and constitute a denial of due process when erroneo… |
| 24-5612 |
Prosecuting Attorney, 21st Judicial Circuit, ex rel. Marcellus Williams v. Missouri |
Missouri |
2024-09-23 |
Denied |
Amici (1)IFP |
capital-punishment constitutional-error due-process jury-selection prosecutorial-misconduct racial-discrimination |
Whether due process requires reversal when a prosecutor concedes constitutional errors in a capital conviction and no longer seeks to defend the case |
| 24A288 |
Matthew P. Leipart v. United States |
Armed Forces |
2024-09-23 |
Presumed Complete |
|
burden-of-proof court-martial ineffective-assistance military-justice prosecutorial-misconduct uniform-code-of-military-justice |
Whether a military prosecutor's reference to a defendant's guilty plea during closing arguments constitutes reversible error when the military judge i… |
| 24-5589 |
In Re Joseph G. Aulisio |
|
2024-09-20 |
Denied |
IFP |
cause-and-prejudice confrontation-clause due-process eighth-amendment false-testimony prosecutorial-misconduct |
Whether prosecutorial misconduct, false testimony, and failure to correct known false evidence constitute a violation of due process and grounds for o… |
| 24A283 |
Joseph William Hart v. Chance Andes, Acting Warden |
Ninth Circuit |
2024-09-20 |
Presumed Complete |
|
brady-evidence capital-case habeas-corpus ineffective-assistance penalty-phase prosecutorial-misconduct |
Whether the prosecution's alleged withholding of material Brady evidence at the penalty phase of a capital trial constitutes a constitutional violatio… |
| 24-5553 |
Harry Franklin Phillips v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-09-16 |
Denied |
Relisted (5)IFP |
circuit-split constitutional-trial-error giglio-napue-claims habeas-corpus harmless-error prosecutorial-misconduct |
Whether a habeas court must apply Brecht harmless-error analysis to Giglio/Napue claims intertwined in a proceeding marred by a pattern of egregious p… |
| 24A242 |
Paul David Storey v. Texas |
Texas |
2024-09-06 |
Presumed Complete |
|
capital-sentencing constitutional-claims death-penalty habeas-corpus prosecutorial-misconduct victim-impact |
Whether prosecutorial misconduct that deliberately misrepresents victim's family's views during a capital sentencing proceeding constitutes a violatio… |
| 24-5467 |
Joseph Miller v. Dan Redington |
Eighth Circuit |
2024-09-05 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-testimony |
Whether the prosecution's failure to disclose exculpatory evidence violated the respondent's due process rights and constitutional protections |
| 24-242 |
In Re Peter K. Stern |
|
2024-09-04 |
Denied |
Response WaivedRelisted (2) |
congressional-intent fifth-amendment judicial-bias prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction |
Whether the District Court lacked subject matter jurisdiction and whether prosecutorial misconduct and judicial bias warrant reversal of the petitione… |
| 24-5424 |
Bryan C. O'Rourke v. Carrie Bridges, Warden |
Oklahoma |
2024-08-30 |
Denied |
IFP |
brady-violation criminal-statute due-process evidence-suppression judicial-interpretation prosecutorial-misconduct |
Whether the State of Oklahoma violated due process by suppressing material exculpatory evidence and retroactively applying an expanded judicial interp… |
| 24-5326 |
Thomas E. Knuff, Jr. v. Ohio |
Ohio |
2024-08-15 |
Denied |
IFP |
capital-defendant criminal-acts due-process improper-joinder jury-verdict prosecutorial-misconduct |
Does the admission of improper and prejudicial evidence of other criminal acts by way of improper joinder violate a capital defendant's right to due p… |
| 24-5292 |
Shawn Paul O'Brien v. Kansas |
Kansas |
2024-08-09 |
Denied |
IFP |
appellate-review criminal-procedure evidence-admissibility jury-instructions prosecutorial-misconduct sexual-offense |
Whether the Kansas Court of Appeals improperly upheld a conviction without requiring independent evidence of intent and improperly excluded exculpator… |
| 24-5275 |
Terrell Jason Armstrong v. United States |
Eighth Circuit |
2024-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rule motion-for-new-trial newly-discovered-evidence prosecutorial-misconduct witness-recantation |
Whether the District Court and Court of Appeals correctly denied a Motion for a New Trial based on a key witness's recantation of testimony |
| 24-5217 |
Sheldon Hannibal v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-08-02 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation due-process evidence-suppression exculpatory-evidence kyles-v-whitley materiality materiality-standard prosecutorial-misconduct witness-testimony |
Whether the Third Circuit's Brady materiality test—under which suppressed evidence is immaterial if it contradicts the prosecution's trial evidence—co… |
| 24-5212 |
Clarence Wyatt Holland v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-08-01 |
Denied |
IFP |
circuit-court due-process fundamental-justice harmless-error ineffective-assistance-of-counsel ineffective-counsel prejudice prosecutorial-misconduct supreme-court-law |
Did the Circuit Court apply the correct harmless-error standard and properly consider the record evidence of prejudice? |
| 24-5214 |
Hsiu Ying Tseng v. Mona D. Houston, Warden |
Ninth Circuit |
2024-08-01 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process judicial-interpretation legal-review ninth-circuit prosecutorial-misconduct writ-of-certiorari |
due-process |
| 24-5170 |
Eric Lee Smith v. United States |
Fourth Circuit |
2024-07-30 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-conviction criminal-procedure due-process false-testimony government-misconduct napue-violation prosecutorial-misconduct |
Where the Assistant United States Attorney's representing the Government violates a standard announced in Napue v. Illinois by gaining a criminal conv… |
| 24-5102 |
Alexi Hinojosa Matos v. Texas |
Texas |
2024-07-18 |
Denied |
IFP |
appointment-of-counsel criminal-procedure due-process habeas-corpus miscarriage-of-justice prosecutorial-misconduct sixth-amendment trial-counsel writ-application |
Ineffective-assistance-of-counsel |
| 24A56 |
Troy Thomas York v. Arizona |
Arizona |
2024-07-17 |
Presumed Complete |
|
constitutional-rights due-process fair-trial ineffective-assistance jury-finding prosecutorial-misconduct |
Whether a criminal defendant's constitutional rights were violated by ineffective assistance of counsel, prosecutorial misconduct, and failure to prov… |
| 24-5073 |
Billy Hammonds v. Fredeane Artis, Warden |
Sixth Circuit |
2024-07-15 |
Denied |
Response WaivedIFP |
burden-of-proof fair-trial-rights ineffective-assistance judicial-bias mistrial prosecutorial-misconduct trial-court-bias witness-testimony |
Ineffective-assistance-of-counsel |
| 24-5055 |
Tre'veon Demarcus Anderson v. Louisiana |
Louisiana |
2024-07-11 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights douglas-v-alabama due-process fifth-amendment prosecutorial-misconduct self-incrimination sixth-amendment sixth-and-fourteenth-amendments |
Whether the defendant's Sixth Amendment right to confrontation was violated when the State elicited testimony from a witness who repeatedly invoked th… |
| 24-5037 |
William J. Kemp v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-07-10 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment criminal-procedure due-process griffin-v-california habeas-corpus ineffective-assistance jury-instructions miranda-rights prosecutorial-misconduct sixth-amendment |
Whether the prosecutor's actions and trial court's instructions violated due process and warrant independent habeas review under Griffin v. California… |
| 24-5018 |
Maureen McDermott v. Anissa De La Cruz, Warden |
Ninth Circuit |
2024-07-08 |
Denied |
IFP |
aedpa aedpa-standard batson-challenge clearly-established-federal-law darden-v-wainwright death-penalty-review due-process ninth-circuit-review parker-v-matthews prosecutorial-misconduct |
Did the Ninth Circuit's denial of relief rest on a misapprehension of what constitutes clearly established federal law under this Court's decision in … |
| 24-5004 |
Joshua Mounts v. Ohio |
Ohio |
2024-07-03 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure due-process expert-testimony expert-witnesses nazi-comparison personal-attacks prosecutorial-misconduct |
Whether violations of the United States Constitution occur where defense experts are not allowed to respond to criticism of their expert reports and w… |
| 23-7838 |
Davit Davitashvili v. United States |
Third Circuit |
2024-07-01 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-violations criminal-procedure due-process fifth-amendment mental-health-disclosure miscarriage-of-justice prosecutorial-misconduct sixth-amendment |
Were there violations of the 5th and 6th Amendments? |
| 23-7813 |
John Ragin v. Chadwick Dotson, Director, Virginia Department of Corrections, et al. |
Fourth Circuit |
2024-06-27 |
Dismissed |
IFP |
administrative-law brady-violation constitutional-law due-process exculpatory-evidence ineffective-assistance-of-counsel judicial-review legal-procedure precedent prosecutorial-misconduct right-to-a-fair-trial statutory-interpretation |
Question not identified |
| 23A1162 |
Donte Parrish v. United States |
Fourth Circuit |
2024-06-26 |
Presumed Complete |
|
appellate-review constitutional-claim criminal-procedure fourth-circuit ineffective-assistance prosecutorial-misconduct |
Whether the Fourth Circuit correctly applied the standard for reviewing a criminal defendant's ineffective assistance of counsel claim challenging a c… |
| 23-7794 |
Michael T. Washington v. Brian Emig, Warden, et al. |
Third Circuit |
2024-06-26 |
Denied |
Response WaivedIFP |
brady-violation due-process ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence perjury procedural-default prosecutorial-misconduct substantial-assistance |
Is state-attorney-undisclosed-substantial-assistance-motion-newly-discovered-evidence-resulting-in-brady-violation |
| 23-7769 |
In Re Johnny Smith |
|
2024-06-20 |
Denied |
Relisted (2)IFP |
bar-ethics court-rules criminal-procedure due-process indictment judicial-discretion judicial-misconduct legal-procedure prosecutorial-misconduct rule-of-court rules-of-court |
Question not identified |
| 23-7736 |
Clarence Mack v. Margaret Bradshaw, Warden |
Sixth Circuit |
2024-06-17 |
Denied |
IFP |
28-usc-2254d2 brady-napue-claims brady-violation capital-punishment capital-trial habeas-corpus informant-testimony informant-witness napue-violation prosecutor-deal prosecutorial-misconduct unreasonable-determination |
When the existence of at least an informal, tacit, or unspoken deal between the prosecutor and his star informant-witness in a capital trial is self-e… |
| 23-7723 |
Barbara Martin v. New Jersey |
New Jersey |
2024-06-14 |
Denied |
IFP |
change-of-venue civil-rights constitutional-rights criminal-procedure due-process evidence-withholding prosecutorial-misconduct qualified-immunity standing witness-tampering |
Should a change of venue be granted in a civil rights case against a county prosecutor and county employees? |
| 23-7708 |
Joshua Peters v. United States |
Third Circuit |
2024-06-13 |
Denied |
Response WaivedIFP |
burden-shifting constitutional-law criminal-procedure due-process government-misconduct new-trial presumption-of-innocence prosecutorial-misconduct trial-order |
Burden-shifting-in-criminal-trial |
| 23-7690 |
Wendell Johnson, aka Lamar Hill v. New Jersey |
New Jersey |
2024-06-12 |
Denied |
IFP |
administrative-law civil-rights constitutional-law criminal-procedure due-process evidence ineffective-assistance-of-counsel judicial-bias judicial-review legal-procedure prosecutorial-misconduct statutory-interpretation |
Question not identified |
| 23-7673 |
Aubrey Jiles Stanley, Jr. v. Bryan Morrison, Warden |
Sixth Circuit |
2024-06-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct self-defense severance sixth-amendment witness-testimony |
Was trial counsel ineffective? |
| 23-7669 |
Anthony Bender, Jr. v. United States |
Seventh Circuit |
2024-06-07 |
Denied |
Response WaivedIFP |
brady-violation burden-of-proof criminal-procedure due-process evidence evidence-sufficiency police-testimony prosecutorial-misconduct reasonable-sentence witness-testimony |
whether-the-government's-failure-to-disclose-the-dash-camera-video-constituted-a-brady-violation |
| 23-7619 |
Brandon Gibbs v. Texas |
Texas |
2024-06-03 |
Denied |
IFP |
closing-argument constitutional-rights criminal-procedure due-process fifth-amendment prosecutorial-misconduct self-incrimination |
Did prosecutor improperly comment on Petitioner's failure to testify during closing argument, in violation of the Fifth Amendment? |
| 23-7590 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-05-29 |
Denied |
IFP |
brady-violation capital-punishment certificate-of-appealability due-process false-testimony habeas-corpus miller-el-standard plea-agreement prosecutorial-misconduct rule-60-motion |
Where reasonable jurists could debate whether a petitioner is entitled to Rule 60 relief where the State has concealed evidence |
| 23A1064 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-05-29 |
Denied |
|
capital-trial due-process false-testimony habeas-corpus plea-agreement prosecutorial-misconduct |
Whether a defendant's due process rights are violated when the prosecution makes materially false statements about a key witness's plea agreement duri… |
| 23-7544 |
Rodolfo Morales-Cortez v. United States |
Ninth Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
burden-of-proof closing-argument criminal-procedure defendant-rights due-process objection-standard prejudice prosecutorial-misconduct |
Does a defendant who timely objects to a prosecutor's misconduct during closing argument nevertheless bear the burden to show that it caused him preju… |
| 23-7528 |
Aaron Matthew Rentfrow v. United States |
Fifth Circuit |
2024-05-21 |
Denied |
Response WaivedIFP |
criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony |
Whether the district court erred in failing to grant a mistrial |
| 23-7509 |
Thomas J. Moore v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-05-20 |
Denied |
IFP |
burden-of-proof capital-case criminal-procedure due-process fair-trial ineffective-assistance prosecutorial-misconduct religious-arguments testimonial-evidence trial-counsel |
Ineffective-assistance-of-counsel |
| 23-7499 |
Russell William Tucker v. North Carolina |
North Carolina |
2024-05-17 |
Denied |
IFP |
batson-challenge batson-v-kentucky burden-of-proof disparate-treatment equal-protection jury-selection peremptory-strikes prima-facie-case prosecutorial-misconduct racial-discrimination |
Whether the Supreme Court of North Carolina was free to reject evidence of disparate treatment and impose on Petitioner the crippling burden of showin… |
| 23-7496 |
In Re Olamide O. Bello |
|
2024-05-16 |
Denied |
IFP |
access-to-court access-to-courts constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment speedy-trial-act standing |
Whether the failure of the counsel to pursue an appeal or motion the petitioner would have otherwise pursued violate the Sixth Amendment prejudice the… |
| 23-7476 |
Julius Jerome Walker v. Oklahoma |
Oklahoma |
2024-05-15 |
Denied |
Relisted (2)IFP |
abuse-of-discretion civil-rights criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct registration-requirements |
Whether the District court in Muskogee county denied me my fundamental rights because of PROSECUTORIAL MISCONDUCT |
| 23-7379 |
Michael Hebert v. Tim Hooper, Warden |
Fifth Circuit |
2024-05-03 |
Denied |
Response WaivedIFP |
brady-violation constitutional-violations due-process evidence evidence-contamination fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment |
Whether the lower court erred in denying COA on the claim of prosecutorial misconduct |
| 23-7316 |
David James Lack v. Rob Bonta, Attorney General of California |
Ninth Circuit |
2024-04-26 |
Denied |
IFP |
case-document civil-rights court-filing due-process judicial-process juror-misconduct jury-selection legal-document new-trial petition prosecutorial-misconduct related-cases |
Whether a juror who concealed material information during voir dire should be disqualified from serving on a jury, and whether a juror's improper cond… |
| 23-7306 |
Ronnie Y. Conrad v. Rob St. Andre, Warden |
Ninth Circuit |
2024-04-25 |
Denied |
IFP |
6th-amendment conflict-of-interest criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel presumption-of-prejudice prosecutorial-misconduct retroactivity sixth-amendment |
Whether the presumption of prejudice applies to conflict-of-counsel claims when the defense attorney is being prosecuted by the same agency prosecutin… |
| 23-7120 |
Chaviz Wofford v. Illinois |
Illinois |
2024-04-02 |
Denied |
IFP |
case-statement constitutional-provisions criminal-procedure due-process ineffective-assistance-of-counsel jurisdiction opinions plea-bargaining prosecutorial-misconduct sentencing statutory-provisions writ-of-certiorari |
Was defendant's plea bargain destroyed by coercive conduct of prosecutor |
| 23-7115 |
Timothy D. Hinkle v. Kentucky |
Kentucky |
2024-04-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process hearsay hearsay-rule jury-instructions prosecutorial-misconduct sexual-assault witness-credibility |
Did the courts allow the petitioner to have a fair and impartial trial? |
| 23-7105 |
Katherine Barrett v. Kentucky |
Kentucky |
2024-03-29 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process home-incarceration jail-credit jury-instructions presumption-of-innocence prosecutorial-misconduct |
Did the prosecutor's statement to the jury that the presumption of innocence is gone constitute flagrant misconduct? |
| 23-7083 |
Orlando Kim Ferguson, II v. Missouri |
Missouri |
2024-03-27 |
Denied |
IFP |
article-i-section-19 constitutional-interpretation double-jeopardy due-process missouri-constitution oregon-v-kennedy prosecutorial-misconduct retrial |
Is the Missouri Constitution Article I; Section 19; limiting Double Jeopardy rights on retrial following intentional prosecutorial misconduct under Or… |
| 23A852 |
Melvin Bonnell v. Chris McBee, Warden |
Sixth Circuit |
2024-03-20 |
Presumed Complete |
|
circuit-review death-penalty habeas-corpus prosecutorial-misconduct ripeness-doctrine youngblood-claim |
Whether the ripeness doctrine applies to an Arizona v. Youngblood claim for habeas relief when specific findings demonstrate a petitioner's diligence … |
| 23-6982 |
Paulius Telamy v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-03-13 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation civil-rights criminal-procedure due-process evidence-suppression favorable-evidence postconviction-relief prosecutorial-misconduct suppressed-evidence |
Whether, under Brady v. Maryland, the prosecution suppressed favorable evidence |
| 23-6961 |
Jacob Smith v. John Henley, Warden, et al. |
Ninth Circuit |
2024-03-11 |
Denied |
IFP |
burden-of-proof civil-rights constitutional-rights due-process ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct self-representation |
Whether the prosecutor improperly shifted the burden of proof by asking the defendant to prove his innocence in front of the jury, which was prejudici… |
| 23-6893 |
Jacob A. Rubini v. Illinois |
Illinois |
2024-03-05 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process grand-jury ineffective-assistance ineffective-assistance-of-counsel perjured-testimony perjury post-conviction-relief prosecutorial-misconduct |
Whether the prosecutor violated the defendant's due process rights by blocking testimony, knowingly using perjured testimony, and knowingly using fals… |
| 23-6838 |
Danny Lee Warner, Jr. v. Montana |
Montana |
2024-02-29 |
Denied |
Response WaivedIFP |
attorney-client-privilege due-process fourteenth-amendment fourth-amendment presumption-of-prejudice prosecutorial-misconduct sixth-amendment warrantless-search |
Are unsworn assertions sufficient to overcome clear and convincing evidence of illegal search and seizure? |
| 23-6864 |
In Re Solomon Roberts |
|
2024-02-29 |
Dismissed |
Relisted (2)IFP |
brady-violation civil-procedure constitutional-rights due-process habeas-corpus ineffective-assistance parole-revocation probation-revocation prosecutorial-misconduct standing |
Whether the Due Process Clause requires a hearing before revoking probation |
| 23-6868 |
David Wayne Nelson v. Jim Salmonsen, et al. |
Ninth Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process equal-protection evidentiary-hearing habeas-corpus judicial-procedure prosecutorial-misconduct |
Did the U.S. court of appeals err in its rulings on the petitioner's habeas corpus petition? |
| 23A802 |
Raj G. Shekar v. Illinois |
Illinois |
2024-02-29 |
Presumed Complete |
|
conflict-of-interest constitutional-rights discretionary-review fourth-amendment judicial-bias prosecutorial-misconduct |
Whether the Fourth Amendment bars state court proceedings tainted by alleged judicial bias and prosecutorial misconduct when a judge and prosecutor ha… |
| 23-6848 |
Stewart Smith v. Laurel Harry, Superintendent, State Correctional Institution at Camp Hill, et al. |
Third Circuit |
2024-02-28 |
Denied |
Relisted (2)IFP |
bias certificate-of-appealability constitutional-rights due-process habeas-corpus habeas-relief ineffective-assistance-of-counsel partial-pcra-jurist pro-se procedural-default prosecutorial-misconduct |
Was petitioner's guilty verdict obtained and sustained in violation of due process, prosecutorial misconduct, ineffective assistance of counsel, bias,… |
| 23-934 |
Areli Escobar v. Texas |
Texas |
2024-02-27 |
Denied |
Amici (4)Relisted (4) |
capital-murder capital-punishment criminal-conviction dna-evidence due-process false-evidence habeas-corpus jury-verdict misleading-evidence prosecutorial-misconduct unreliable-evidence |
Whether due process requires reversal of a capital conviction infected with errors the State no longer defends |
| 23-6825 |
Jmarreon Mack v. United States |
Fifth Circuit |
2024-02-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fair-trial judicial-integrity prosecutorial-misconduct trial-fairness |
Question not identified |
| 23-6831 |
Thomas E. Creech v. Idaho Commission of Pardons and Parole, et al. |
Ninth Circuit |
2024-02-26 |
Denied |
IFP |
clemency clemency-hearing constitutional-challenge constitutional-challenges due-process false-evidence harmless-error prosecutorial-misconduct |
Does the State's intentional presentation of false evidence at a clemency hearing violate due process? |
| 23-6810 |
Larry D. Mosley v. Phillip A. White, Warden |
Fourth Circuit |
2024-02-23 |
Denied |
IFP |
Abuse-of-Discretion Equal-Protection Fourteenth-Amendment habeas-corpus ineffective-assistance Police-Misconduct Prosecutorial-Misconduct Sixth-Amendment trial-court-discretion |
Ineffective-Assistance-of-Counsel |
| 23-908 |
Woojin Cho v. New York |
New York |
2024-02-22 |
Denied |
Response Waived |
constitutional-error due-process harmless-error prosecutorial-misconduct reasonable-possibility standard-of-review trial-procedure witness-credibility |
Whether it is constitutional error for a prosecutor in summation to express her personal belief that the defendant lied on the stand? |
| 23-6804 |
Jonathan Douglas Richardson v. North Carolina |
North Carolina |
2024-02-21 |
Denied |
IFP |
batson-challenge batson-v-kentucky constitutional-rights flowers-v-mississippi jury-selection peremptory-challenges peremptory-strikes prosecutorial-misconduct racial-animus racial-discrimination |
Whether the Supreme Court of North Carolina violated this Court's clear precedent when it held that trial judges have 'broad discretion' to refuse to … |
| 23-6730 |
Bryant Calloway v. United States |
Third Circuit |
2024-02-13 |
Denied |
Response WaivedIFP |
appellate-jurisdiction criminal-procedure due-process fair-trial grand-jury ineffective-assistance-of-counsel judicial-review material-evidence prosecutorial-misconduct witness-credibility witness-testimony |
Whether the fundamental fairness of the criminal trial was violated by the district court's denial of the petitioner's motion to dismiss the indictmen… |
| 23-6741 |
Gerardo Ortiz v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2024-02-13 |
Denied |
Response WaivedIFP |
confrontation-clause due-process fair-trial fundamental-fairness habeas-corpus prosecutorial-misconduct right-to-confront witness-testimony |
Did the Ninth Circuit err in refusing to apply clearly established Confrontation Clause precedent and assess whether the prosecutor's affirmative misa… |
| 23-6727 |
Daniel J. Erb v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-law guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct |
Whether the lower courts' decisions were contrary to or involved an unreasonable application of clearly established federal law and an unreasonable de… |
| 23-6704 |
Joshua P. Lindsey v. Sarah Evans Barker, Judge, United States District Court for the Southern District of Indiana |
Seventh Circuit |
2024-02-08 |
Denied |
IFP |
appellate-review civil-procedure civil-rights constitutional-law constitutional-standards criminal-conviction due-process free-speech ninth-circuit prosecutorial-misconduct standing |
Whether the district court erred in dismissing petitioner's claims for violation of the First and Fourteenth Amendments |
| 23-848 |
Wen Lian Patience v. Shannon Jackson, et al. |
Fifth Circuit |
2024-02-07 |
Denied |
|
abuse-of-discretion appellate-review civil-rights constitutional-rights due-process eleventh-amendment-immunity judicial-misconduct pleading-requirements prosecutorial-misconduct section-1983-claim |
Did the Fifth Circuit and district court exhibit negligence, violate their discretion, and permit judicial misconduct? |
| 23-6664 |
Robert Edward Sindaco v. Florida |
Florida |
2024-02-05 |
Denied |
IFP |
appellate-review bias constitutional-law criminal-procedure due-process fair-trial federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel prejudice prosecutorial-misconduct |
Whether the petitioner was denied due process and a fair trial due to bias, prejudice, and ineffective assistance of counsel |
| 23-6657 |
Erick Cruz v. New York |
New York |
2024-02-02 |
Denied |
IFP |
burden-of-proof due-process evidence-authentication fair-trial opening-statements powerpoint-presentation presumption-of-innocence prosecutorial-misconduct trial-court-error |
Question not identified |
| 23-6621 |
Adrian Ayala-Garcia, et al. v. United States |
Tenth Circuit |
2024-01-30 |
Denied |
IFP |
attorney-client-communications collateral-attack guilty-plea pre-plea-claims prosecutorial-misconduct sentencing tollett-preclusion tollett-v-henderson |
Does Tollett v. Henderson preclude a defendant from collaterally attacking a conviction based on grounds other than ineffective assistance of counsel … |
| 23-6573 |
Brenda Evers Andrew v. Tamika White, Warden |
Tenth Circuit |
2024-01-25 |
GVR |
Amici (3)Relisted (23)IFP |
criminal-procedure cumulative-error due-process gender-presentation gender-stereotyping miranda-rights miranda-violation motherhood prosecutorial-misconduct sex-based-stereotypes sexual-discrimination sexual-history |
Whether clearly established federal law as determined by this Court forbids the prosecution's use of a woman's plainly irrelevant sexual history, gend… |
| 23-6542 |
Archie Cabello, aka Archibaldo Cabello, aka Archie Cabello, Jr., aka Archie P. Cabello, aka Arquimedes Cabello, aka Archie Palumbo v. United States |
Ninth Circuit |
2024-01-23 |
Dismissed |
Response WaivedIFP |
6th-amendment 6th-amendment-counsel constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel judicial-review jurisdiction legal-jurisdiction prosecutorial-misconduct statutory-interpretation |
Whether the Court Violated its duty Under the 6th Amendment, due process Clause and 6th Amendment counsel clause |
| 23-6547 |
Billy J. Seabolt v. United States |
Fourth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial jury-instructions jury-trial legal-interpretation prosecutorial-conduct prosecutorial-misconduct right-to-a-fair-trial speedy-trial |
Is it a fair trial when the jury is clearly in a distressed situation during a long trial and they contradict themselves on finding guilty and not gui… |
| 23-6506 |
Alpheus Elite Hamilton v. Arizona |
Arizona |
2024-01-18 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-violation criminal-procedure dna-evidence due-process false-evidence miller-v-pate prosecutorial-misconduct |
Did the State of Arizona violate the Due Process Clause when its prosecutor presented knowing use of false evidence to the jury as in Miller v. Pate, … |
| 23-6475 |
Darrius Decnan Redd v. United States |
Eighth Circuit |
2024-01-12 |
Denied |
Response WaivedIFP |
confrontation-clause credibility cross-examination due-process evidence-exclusion fair-trial prosecutorial-misconduct sex-trafficking |
Whether the district court violated the Defendant's Due Process and Confrontation rights by excluding video evidence |
| 23-6482 |
Christopher J. Barnett v. Oklahoma |
Oklahoma |
2024-01-12 |
Denied |
IFP |
appellate-review brady-rule constitutional-provisions conviction-integrity criminal-procedure due-process judicial-process legal-jurisdiction petition-review prosecutorial-misconduct supreme-court-procedure writ-of-certiorari |
Whether the trial court and the Oklahoma Court of Criminal Appeals erred in continuing to hold that the defendant's conviction stands despite a violat… |
| 23-6438 |
Jean Jocelyn Merilien v. Andrew McFarlane, Warden, et al. |
Eleventh Circuit |
2024-01-09 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence exhaustion habeas-corpus prosecutorial-misconduct standing trial-disclosure |
Whether the Eleventh Circuit erred in concluding that Petitioner's Rule 60(b)(6) motion did not satisfy the requirements for relief under that rule |
| 23-6436 |
Luis Manso v. Patricia McGill, Administrator, Northern State Prison, et al. |
Third Circuit |
2024-01-08 |
Denied |
IFP |
brady-violation court-of-appeals evidence-suppression ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses prosecutorial-misconduct strickland-standard strickland-v-washington strong-evidence |
Does Strickland-v-Washington allow the Court-of-Appeals to dismiss the defendant's ineffective-assistance-of-counsel claim based on strong-evidence of… |
| 23-6384 |
Monterial Wesley v. United States |
Tenth Circuit |
2023-12-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-conflict criminal-justice-system due-process extraordinary-reasons prosecutorial-misconduct sentence-reduction sentencing statutory-interpretation |
Whether a combination of 'extraordinary and compelling reasons' that may warrant a discretionary sentence reduction under 18 U.S.C. § 3582(c)(1)(A) ca… |
| 23A590 |
Stephen Christopher Plunkett v. United States |
Fifth Circuit |
2023-12-27 |
Presumed Complete |
|
ineffective-assistance plea-agreement prosecutorial-misconduct right-to-counsel sentencing-enhancement sixth-amendment |
Whether a defendant's Sixth Amendment right to effective assistance of counsel is violated when multiple attorneys fail to adequately challenge plea a… |
| 23-6344 |
Michael Broomer v. Delaware |
Delaware |
2023-12-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct racial-discrimination sixth-amendment trial-counsel |
Questions Presented |
| 23-680 |
In Re Frander Salguero |
|
2023-12-22 |
Denied |
Relisted (2) |
brady-rule brady-violation constitutional-duty due-process false-evidence judicial-power mandamus mandamus-petition napue-rule prosecutorial-misconduct |
Whether mandamus should compel the prosecutor to fulfill his constitutional duty and correct the known false record |
| 23-6293 |
Shallon Hawkins v. David Vandergriff, Warden |
Eighth Circuit |
2023-12-18 |
Denied |
Relisted (2)IFP |
actual-innocence civil-rights criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance-of-counsel motion-to-suppress newly-discovered-evidence prosecutorial-misconduct trial-court |
Did the United States District Court err by denying my claims for procedural default relief under Schlup, Glenn, fundamental fairness, newly discovere… |
| 23-649 |
Lisa Price, as Personal Representative of the Estate of Nickie Miller v. Montgomery County, Kentucky, et al. |
Sixth Circuit |
2023-12-15 |
Denied |
Relisted (13) |
42-usc-1983 brady-v-maryland civil-rights court-order due-process exculpatory-evidence legal-discretion prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 |
Whether absolute immunity extends to a prosecutor's knowing destruction of exculpatory evidence |
| 23-6256 |
Kenneth Ray Brabham v. Florida |
Florida |
2023-12-14 |
Denied |
IFP |
civil-rights constitutional-violation due-process judicial-discretion judicial-misconduct prosecutorial-misconduct structural-defect structural-error sua-sponte trial-procedure |
Whether a trial judge's sua sponte actions create the appearance of partiality |
| 23-6250 |
Matthew C. Spaeth v. United States |
Tenth Circuit |
2023-12-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
attorney-client-confidentiality collateral-attack plea-bargaining prosecutorial-misconduct sentencing sixth-amendment tollett-precedent |
Does Tollett v. Henderson preclude a defendant from collaterally attacking a conviction based on pre-plea prosecutorial misconduct? |
| 23-6230 |
Danille Morris v. United States |
Tenth Circuit |
2023-12-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
attorney-client-confidentiality attorney-client-privilege guilty-plea habeas-corpus habeas-relief plea-bargaining prosecutorial-misconduct sixth-amendment tollett-interpretation tollett-v-henderson |
Does Tollett v. Henderson preclude collateral attack on a sentence due to pre-plea prosecutorial misconduct involving confidential attorney-client com… |
| 23-6209 |
Eddie Savage v. Supreme Court of Ohio |
Ohio |
2023-12-08 |
Denied |
IFP |
due-process judicial-bias judicial-ethics judicial-impartiality judicial-misconduct prosecutorial-misconduct |
Can a judge's failure to uphold the law during a trial demonstrate a spirit of ill-will or undue friendship, 'actual bias' or favoritism toward one of… |
| 23-6211 |
Bernard Antoine Hardrick v. Michigan |
Michigan |
2023-12-08 |
Denied |
Response WaivedIFP |
adjudication civil-rights criminal-conviction criminal-enterprise due-process evidence-sufficiency exclusion jury-instructions prosecutorial-burden prosecutorial-misconduct self-representation trial-court-error |
Whether the trial court violated petitioner's right to be present, right to counsel, and right to self-representation when it improperly excluded peti… |
| 23-609 |
Frander Salguero v. Court of Appeal of California, Second Appellate District, et al. |
California |
2023-12-06 |
Denied |
Response WaivedRelisted (2) |
constitutional-duty false-evidence habeas habeas-corpus mandamus prejudice-test prosecutor-misconduct prosecutorial-misconduct structural-error |
Whether habeas is the sole remedy or remedy by mandamus is a permissible means to effectuate the constitutional duty to correct false evidence when a … |
| 23-610 |
Frander Salguero v. California |
California |
2023-12-06 |
Denied |
Response WaivedRelisted (2) |
brady-violation constitutional-rights due-process evidence-suppression fourteenth-amendment judicial-procedures material-evidence prosecutorial-misconduct sixth-amendment |
Whether the effect on due process remains unchanged as to Brady's holding |
| 23-6175 |
Phillip A. Kenner v. United States |
Second Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process evidence-standard government-witness napue-standard napue-v-illinois perjury prosecutorial-misconduct witness-perjury |
What evidentiary showing is required, under Napue v. Illinois, 360 U.S. 264 (1959), to establish that a prosecution witness has offered false testimon… |
| 23-6108 |
Bryan Scott Cavett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-27 |
Denied |
IFP |
compulsory-process constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction trial-procedure |
Whether or not State violates an accused person's Due Process Rights when Texas High Court denies his State 11.07 Habeas Corpus, without written order… |
| 23-6109 |
Tou Thao v. United States |
Eighth Circuit |
2023-11-27 |
Denied |
Response WaivedIFP |
18-usc-242 civil-rights constitutional-rights criminal-procedure deprivation-of-rights due-process fair-trial prosecutorial-misconduct specific-intent willfulness |
Was the evidence at trial sufficient to establish the willfulness of the petitioner? |
| 23-6088 |
Alpheus Elite Hamilton v. Arizona |
Arizona |
2023-11-22 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-violation criminal-procedure due-process false-evidence fifth-amendment fourteenth-amendment miller-v-pate prosecutorial-misconduct |
Did the State of Arizona violate the Due Process Clause when its prosecutor presented knowing use of false evidence to the jury as in Miller v. Pate, … |
| 23-6089 |
Christopher Lenard Blockson v. Ronald Oliver, Warden, et al. |
Ninth Circuit |
2023-11-22 |
Denied |
Relisted (2)IFP |
appellate-procedure civil-rights constitutional-law due-process federal-jurisdiction habeas-corpus judicial-misconduct judicial-review prosecutorial-misconduct standing |
What is the proper course of action when a court ignores the record on appeal and engages in fraud on the court? |
| 23-6103 |
Alvin Celius Andre v. United States |
Eleventh Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
burden-of-proof constructive-amendment criminal-law criminal-procedure due-process entrapment entrapment-defense prosecutorial-misconduct statutory-interpretation |
Does a constructive amendment occur when the government substitutes Congress's intended object of the actus reus of 18 U.S.C. § 2422(b), 'any individu… |
| 23-6070 |
Eric V. Bartoli v. United States |
Sixth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
criminal-procedure ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining prosecutorial-misconduct sentencing sentencing-error statutory-maximum |
Whether a guilty plea should be vacated when the underlying plea bargain contains an error of law (an illegal sentence) at its core |
| 23-6058 |
Liberty Anne Walden v. Jeremy Howard, Warden |
Sixth Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
civil-procedure due-process evidence expert-testimony judicial-error misconduct plain-error prosecutorial-misconduct trial-court-discretion trial-procedure witness-credibility |
Did the trial court plainly error by allowing Dr. Mohr to testify outside the realm of her expertise thereby providing testimony to the ultimate issue… |
| 23-6066 |
Kirk Lamar Williams v. Washington |
Washington |
2023-11-20 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discovery-violations due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel probable-cause prosecutorial-misconduct search-and-seizure speedy-trial |
Whether the State of Washington violated the petitioner's constitutional rights, including due process and effective assistance of counsel |
| 23-6028 |
Delroy T. Booth v. Georgia |
Georgia |
2023-11-16 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights double-jeopardy due-process fair-trial prosecutorial-misconduct |
Whether the prosecution's misconduct, including reversing the burden of proof, violating the defendant's due process rights, and denying the defendant… |
| 23-6023 |
David Sattazahn v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2023-11-15 |
Denied |
Response WaivedIFP |
brady-disclosure brady-violation due-process giglio-disclosure giglio-v-united-states habeas-corpus plea-bargaining prosecutorial-misconduct united-states-v-bagley witness-bias witness-inducement |
Whether prosecutors must disclose inducements provided to witnesses, even in the absence of an agreement with express terms |
| 23-5994 |
James Jordan McClain v. Tammy Campbell, Warden |
Ninth Circuit |
2023-11-13 |
Denied |
Response WaivedIFP |
brady-violation equitable-tolling first-degree-murder habeas-corpus ineffective-assistance prosecutorial-misconduct second-degree-murder self-defense voluntary-manslaughter |
Whether the Ninth Circuit erred in holding that extraordinary circumstances for equitable tolling must make earlier filing 'impossible' |
| 23-5996 |
Lyndon Fitzgerald Pace v. Shawn Emmons, Warden |
Eleventh Circuit |
2023-11-13 |
Denied |
Relisted (9)IFP |
aedpa capital-sentencing constitutional-error death-penalty due-process ineffective-assistance jury-argument jury-instructions prosecutorial-misconduct right-to-silence |
Whether the lower court was bound by Darden v. Wainwright under AEDPA |
| 23-469 |
Andrew P. Witt v. United States |
Armed Forces |
2023-11-02 |
Denied |
Response WaivedRelisted (2) |
criminal-procedure due-process fair-trial fundamental-fairness judicial-ethics military-justice military-sentencing prosecutorial-misconduct sentencing |
Did the prosecutor's misconduct deprive Senior Airman Witt of due process protections and render the sentencing fundamentally unfair? |
| 23-5935 |
Michael Ray Thomas v. Adam Douglas, Warden |
Sixth Circuit |
2023-11-01 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure due-process first-amendment ineffective-assistance judicial-discretion prosecutorial-misconduct standing sua-sponte-appointment sufficiency-of-evidence |
Whether a court of appeals may force a petitioner to proceed on appeal without the assistance of counsel after a district court ordered the appointmen… |
| 23-5922 |
Maxwell Chibueze Ezenwa v. United States |
Fifth Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights double-jeopardy due-process eighth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct statute-of-limitations warrantless-arrest |
Whether the warrantless arrest, statute of limitation, double jeopardy, Eighth Amendment violation, and Fourteenth Amendment violation were properly a… |
| 23-5909 |
Eric A. Zevely v. United States |
Sixth Circuit |
2023-10-30 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3582 article-iii-courts constitutional-challenge criminal-procedure federal-court-jurisdiction federal-criminal-conviction judicial-power prosecutorial-misconduct standing subject-matter-jurisdiction |
Whether a motion under 18 U.S.C. § 3582 is a point in the litigation permitting a defendant to challenge subject-matter jurisdiction, where case law b… |
| 23-5861 |
Joseph Pierre v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-10-23 |
Denied |
Response WaivedRelisted (2)IFP |
brady-violation due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel kyles-v-whitley prosecutorial-misconduct sixth-amendment sixth-amendment-right |
Whether the Courts below decided an important federal question in a way that conflicts with the relevant decisions of this court |
| 23-5833 |
Sean William Roulo v. Minnesota |
Minnesota |
2023-10-18 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment double-jeopardy due-process equal-protection fair-notice fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment |
Was the prosecutor's deliberate refusal to communicate with petitioner after filing formal charges, including withholding the court's summons and the … |
| 23-5819 |
Jason Green v. Warren L. Montgomery, Warden |
Ninth Circuit |
2023-10-17 |
Denied |
Response WaivedIFP |
clearly-established-federal-law clearly-established-law due-process forum-shopping habeas-corpus judicial-fairness lockyer-v-andrade ninth-circuit-review panetti-v-quarterman prosecutorial-misconduct |
Did the Ninth Circuit take an inappropriately narrow view of what constitutes clearly established federal law in conflict with this Court's treatment … |
| 23A314 |
Matthew C. Spaeth v. United States |
Tenth Circuit |
2023-10-10 |
Presumed Complete |
|
attorney-client-communications collateral-review guilty-plea prosecutorial-misconduct section-2255-motion tollett-v-henderson |
Whether a defendant who entered a guilty plea may challenge his conviction on direct appeal or collateral review based on claims of prosecutorial misc… |
| 23-5724 |
Taylor Scott Meece v. Wyoming |
Wyoming |
2023-10-05 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights due-process fair-trial fourteenth-amendment fourth-amendment judicial-discretion prosecutorial-misconduct sixth-amendment supreme-court-procedure |
Did the Wyoming Supreme Court abuse its discretion in affirming the conviction and sentence? |
| 23-5707 |
Edward James Steiner v. Washington |
Washington |
2023-10-03 |
Denied |
IFP |
case-review criminal-conviction criminal-procedure due-process evidence-tampering insufficient-evidence judicial-process jury-instructions legal-procedure prosecutorial-misconduct right-to-fair-trial |
Was there prosecuter misconduct? |
| 23-5664 |
Robert Edward Sindaco v. Florida |
Florida |
2023-09-28 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-rights criminal-procedure due-process ineffective-counsel newly-discovered-evidence perjury post-conviction-relief prosecutorial-misconduct witness-credibility |
Whether the state court's denial of the petitioner's motion to vacate his conviction based on newly discovered evidence of perjury by a key witness vi… |
| 23-5661 |
Arnaldo Martinez v. Florida |
Florida |
2023-09-27 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights due-process fifth-amendment fourteenth-amendment mis-charging prosecutorial-misconduct standing |
Did the Respondent, State of Florida, deny the petitioner of his Fifth and Fourteenth Amendment right to Due Process |
| 23-304 |
Thomas Neilsen v. John Kellner, in His Official Capacity as District Attorney, et al. |
Colorado |
2023-09-26 |
Denied |
Response Waived |
black-letter-law brady-rule civil-rights declaratory-relief due-process heck-doctrine heck-v-humphrey mooney-v-holohan prosecutorial-misconduct section-1983 supreme-court-precedent |
Does 'Heck' or any other procedural issue bar a section 1983 petition asking for declaratory and injunctive relief when a prosecutor defiantly fails t… |
| 23-261 |
Henry L. Klein v. Louisiana Office of Disciplinary Counsel |
Louisiana |
2023-09-18 |
Denied |
|
administrative-agency administrative-procedure axon-enterprise-v-ftc constitutional-rights due-process judicial-review lawyer-discipline meaningful-judicial-review prosecutorial-misconduct sec-v-cochran |
Did Louisiana ODC violate Axon Enterprise v. FTC and SEC v. Cochran principles by having a single deputy assume all prosecutorial and adjudicatory rol… |
| 23A250 |
Lyndon Fitzgerald Pace v. Shawn Emmons, Warden |
Eleventh Circuit |
2023-09-18 |
Presumed Complete |
|
AEDPA death-penalty habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct Strickland-standard |
Whether the Eleventh Circuit properly applied the Antiterrorism Effective Death Penalty Act of 1996 in affirming the denial of habeas corpus relief ba… |
| 23-5594 |
Brim Bell v. New Hampshire |
New Hampshire |
2023-09-15 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct sixth-amendment trial-procedure warrantless-search |
Whether trial-counsel erred by excluding the Defendant from the last two-days of trial? |
| 23-5596 |
Edward James Steiner v. Washington |
Washington |
2023-09-15 |
Denied |
IFP |
citizenship civil-liberties constitutional-rights criminal-procedure due-process evidence federal-jurisdiction legal-standing prosecutorial-misconduct standing witness-tampering |
Was there prosecutorial misconduct? |
| 23-248 |
James Garfield Broadnax v. Texas |
Texas |
2023-09-14 |
Denied |
Amici (1)Relisted (9) |
batson-challenge batson-violations black-defendant capital-case equal-protection habeas-corpus jury-selection prosecutorial-misconduct racial-discrimination white-victims |
Whether the Texas Court of Criminal Appeals' decision that Mr. Broadnax failed to establish a prima facie equal protection claim conflicts with this C… |
| 23-5576 |
Robert William Pann v. Sherry L. Burt, Warden, et al. |
Sixth Circuit |
2023-09-14 |
Denied |
IFP |
access-to-courts ex-parte-proceeding extrinsic-fraud first-amendment lewis-v-casey prison-conditions prisoner-rights probate-court prosecutorial-misconduct |
Is Petitioner's First Amendment right of access to the courts violated by the rule announced in Lewis v. Casey being too narrow by strictly limiting i… |
| 23-5541 |
Mark A. Hartle v. New York |
New York |
2023-09-07 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-defense due-process ineffective-assistance-of-counsel judicial-inquiry professional-ethics professional-responsibility prosecutorial-misconduct right-to-counsel trial-strategy |
Is a criminal defendant denied their right to effective assistance of counsel when there are indications, of which the defendant was unaware, that tri… |
| 23A178 |
Andrew P. Witt v. United States |
Armed Forces |
2023-08-25 |
Presumed Complete |
|
capital-sentencing court-martial death-penalty ineffective-assistance-of-counsel prosecutorial-misconduct uniform-code-of-military-justice |
Whether prosecutorial misconduct during capital sentencing proceedings in a military court-martial, specifically arguments urging panel members to con… |
| 23A163 |
Jason Green v. Warren L. Montgomery, Warden |
Ninth Circuit |
2023-08-23 |
Presumed Complete |
|
certiorari due-process fair-trial habeas-corpus ninth-circuit prosecutorial-misconduct |
Whether the Due Process Clause of the Fourteenth Amendment requires reversal of a conviction when prosecutorial misconduct deprives a defendant of a f… |
| 23A152 |
Michael Lajeunesse v. Kris Karberg, Warden |
Eighth Circuit |
2023-08-18 |
Presumed Complete |
|
fourteenth-amendment physician-patient-privilege prosecutorial-misconduct right-to-counsel sixth-amendment waiver-of-privilege |
Whether a state prosecutor may compel a defendant to waive physician-patient privilege without adequate constitutional safeguards protecting the defen… |
| 23-5395 |
In Re Justin Lewis |
|
2023-08-18 |
Denied |
IFP |
4th-amendment appellate-jurisdiction civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-court judicial-review prosecutorial-misconduct statutory-interpretation |
Whether the government's prosecution of an individual complies with the Fourth Amendment and due process when the individual's behavior does not const… |
| 23-5353 |
Chandra Modugumudi v. United States |
Seventh Circuit |
2023-08-15 |
Denied |
Response WaivedIFP |
1st-amendment 6th-amendment constitutional-violation due-process ineffective-assistance-of-counsel ineffective-counsel language-barrier plea-agreement prosecutorial-misconduct sixth-amendment-rights |
Whether the defendant's constitutional rights were violated due to lack of counsel, language barrier, prosecutorial misconduct, and other errors resul… |
| 23-5336 |
Maurice Walker v. Nicholas Lamb, Warden |
Eighth Circuit |
2023-08-10 |
Denied |
IFP |
constitutional-rights due-process felony-murder ineffective-assistance ineffective-counsel jury-instructions prosecutorial-misconduct reasonable-doubt |
Did the trial court err in applying the felony murder rule and submitting an incomplete jury verdict that violated the defendant's due process rights? |
| 23-5281 |
Morris Scott Holmes v. Tommy Bowen, Warden |
Georgia |
2023-08-04 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure double-jeopardy due-process fair-trial habeas-corpus ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct |
Whether the petitioner's constitutional rights were violated by successive prosecutions for the same conduct, defective indictments, improper case ass… |
| 23-5287 |
In Re William G. Haake |
|
2023-08-04 |
Denied |
Relisted (2)IFP |
doctrine-of-speciality dual-criminality due-process extradition extradition-law habeas-corpus jurisdiction perjury prosecutorial-misconduct treaty-interpretation treaty-obligations |
Whether the United States Treaty 22 (1971) deprived Florida of jurisdiction when they knowingly used perjured information to compel Spain through trea… |
| 23-95 |
Philip Esformes v. United States |
Eleventh Circuit |
2023-08-02 |
Denied |
|
attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment |
Whether a criminal defendant must show actual prejudice to establish a Sixth Amendment violation warranting dismissal of the indictment or disqualific… |
| 23-5257 |
Angel Rios-Edeza v. United States |
Ninth Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
burden-of-proof closing-argument criminal-procedure due-process evidence-vouching jury-instructions ninth-circuit prosecutorial-misconduct rebuttal-argument |
Did the Ninth Circuit error in finding that there was no prosecutorial misconduct? |
| 23-5227 |
Luis Roman v. Illinois |
Illinois |
2023-07-27 |
Denied |
IFP |
abuse-of-discretion civil-rights criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-counsel |
Why were the defendant indicted and tried at a bench trial in violation of 725 ILCS 5/109-3? |
| 23-82 |
Joshua Isaiah Joyner v. Texas |
Texas |
2023-07-27 |
Denied |
Response Waived |
constitutional-violations criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel juvenile-justice procedural-due-process prosecutorial-misconduct self-defense |
Did the TCCA deny petitioner procedural due process by summarily rejecting his substantial constitutional claims without requiring the trial court to … |
| 23A63 |
Johnny Johnson v. David Vandergriff, Warden |
Missouri |
2023-07-24 |
Denied |
|
brady-violation due-process-clause habeas-corpus impeachment-evidence prosecutorial-misconduct suppression-of-evidence |
Whether a state court's denial of a Brady claim alleging prosecutorial suppression of material impeachment evidence, without explanation or argument, … |
| 23-5147 |
Johnny Johnson v. David Vandergriff, Warden |
Missouri |
2023-07-20 |
Denied |
IFP |
attorney-general brady-v-maryland brady-violation continuing-duty-to-disclose criminal-procedure critical-state's-witnesses due-process impeachment-evidence local-prosecutor's-office material-impeachment-evidence prosecutorial-misconduct witness-credibility |
Is the continuing duty to disclose material impeachment evidence regarding critical state's witnesses pursuant to Brady v. Maryland, 373 U.S. 83 (1963… |
| 23-5151 |
Tony A. Berger v. Wood County Sheriff's Department, et al. |
Seventh Circuit |
2023-07-20 |
Denied |
IFP |
brady-rule consent-to-search due-process exculpatory-evidence law-enforcement-authority minor-interrogation parental-rights prosecutorial-misconduct search-and-seizure witness-credibility |
Whether assistant district attorneys have authority to deny exculpatory evidence |
| 23-5143 |
Lonnie Loren Kocontes v. California |
California |
2023-07-19 |
Denied |
IFP |
civil-rights due-process gun-control high-seas international-treaties prosecutorial-misconduct second-amendment standing statutory-interpretation takings territorial-jurisdiction |
Whether the California law prohibiting the possession of large-capacity magazines violates the Second Amendment right to keep and bear arms |
| 23-5118 |
In Re Dustin Ray Braddock |
|
2023-07-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process expert-testimony jury-instructions prosecutorial-misconduct structural-error subject-matter-jurisdiction supreme-court trial-error |
Whether a dual-role jury instruction is required when law enforcement officers testify as both expert and percipient witnesses |
| 23-5109 |
Carl Lindsey v. Charlotte Jenkins, Warden |
Sixth Circuit |
2023-07-14 |
Denied |
Relisted (2)IFP |
brady-v-maryland brady-violation certificate-of-appealability circuit-split due-process habeas-corpus key-witness overwhelming-evidence post-judgment-amendment prosecutorial-misconduct testimonial-immunity witness-credibility |
Whether the Sixth Circuit applied the proper materiality standard under Brady v. Maryland |
| 23-5070 |
Samuel Tobin McKaig v. Arkansas |
Eighth Circuit |
2023-07-11 |
Denied |
IFP |
4th-amendment 5th-amendment civil-procedure civil-rights constitutional-law due-process free-speech judicial-review legal-issue precedent prosecutorial-misconduct statutory-interpretation |
Whether the petitioner's constitutional rights were violated when the police threatened him with prosecution for exercising his right to remain silent… |
| 23-25 |
Michael Charles Ward v. James V. Chafin, et al. |
Eleventh Circuit |
2023-07-07 |
Denied |
|
absolute-immunity appellate-procedure civil-procedure civil-rights constitutional-rights double-jeopardy due-process prosecutorial-immunity prosecutorial-misconduct section-1983 |
Whether the Eleventh Circuit overextended the holding of Ashcroft v. Iqbal such that § 1983 plaintiffs are unjustly deprived of an opportunity to cond… |
| 23-5049 |
Marcus O. Singleton v. Scott Eckstein, Warden |
Seventh Circuit |
2023-07-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error judicial-review prosecutorial-misconduct prosecutorial-vouching trial-misconduct wisconsin-courts witness-credibility |
Whether the prosecutor vouched for their witnesses |
| 23-5052 |
Richie A. Stokes, Jr. v. New York |
New York |
2023-07-06 |
Denied |
IFP |
constitutional-rights court-dismissal criminal-procedure due-process evidence judicial-discretion jury-tampering legal-standards prosecutorial-misconduct speedy-trial |
Whether the district court erred in dismissing the indictment against the defendant |
| 23-5034 |
Omar Francisco Orduno-Ramirez v. United States |
Tenth Circuit |
2023-07-05 |
Denied |
IFP |
attorney-client-privilege confidential-communications due-process prosecutorial-misconduct sentencing sentencing-phase sixth-amendment structural-error |
When prosecutors intentionally and without any legitimate law-enforcement justification access confidential attorney-client communications before sent… |
| 23-5043 |
Coby Quinton Ceaser v. Tim Hooper, Warden |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-suppression ineffective-assistance jackson-standard jury-instructions prosecutorial-misconduct right-to-present-defense right-to-testify trial-fairness |
Can the Jackson standard be satisfied when relevant, material, and appreciable evidence is impermissibly kept from the jury? |
| 22-7876 |
Gideon Charles Arrington, II v. Dyanna L. Street, et al. |
Eighth Circuit |
2023-06-28 |
Denied |
IFP |
civil-rights criminal-procedure due-process false-evidence judicial-immunity legal-accountability moral-nation prosecutorial-misconduct |
Is the use of false evidence a crime? |
| 22-7788 |
Deandre J. Baskerville v. Tim McConahay, Warden |
Sixth Circuit |
2023-06-14 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights due-process equal-protection fair-trial jury-instructions prosecutorial-misconduct self-defense |
Was Petitioner's due process and equal protection rights violated by the trial court's self-defense jury instruction? |
| 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? |
| 22-1185 |
Anthony James Scott v. Georgia |
Georgia |
2023-06-07 |
Denied |
Response Waived |
brady-violation criminal-procedure double-jeopardy due-process fifth-amendment mistrial mistrial-request prosecutorial-misconduct |
Did the Carroll County Superior Court and the Court of Appeals of the State of Georgia err when they held that the Carroll County District Attorney's … |
| 22-7671 |
Eduardo Catarino Palacios v. Texas |
Texas |
2023-05-31 |
Denied |
Response RequestedRelisted (2)IFP |
brady-violation chain-of-custody due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct texas-criminal-procedure |
Was the prosecutor allowed to override the habeas court's findings of fact and conclusions of law? |
| 22-7672 |
Marcus D. Winston v. Nebraska |
Nebraska |
2023-05-31 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fair-trial prosecutorial-misconduct racial-rhetoric |
Whether the Nebraska Court of Appeals has decided an important question of federal law that has not been, but should be, settled by the United States … |
| 22-1152 |
Najam Azmat v. United States |
Eleventh Circuit |
2023-05-30 |
Denied |
Response WaivedRelisted (2) |
28-usc-535 criminal-activity criminal-liability department-of-justice equal-justice immunity misprision-of-felony official-immunity prosecutorial-misconduct |
Does the Department of Justice have an obligation to charge prosecutors and Federal Agents for criminal activity during investigations or prosecutions… |
| 22-7654 |
Juan L. Caballero v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-26 |
Denied |
IFP |
civil-rights constitutional-review criminal-conviction due-process habeas-corpus insufficient-evidence newly-discovered-evidence prosecutorial-misconduct state-court-review sufficiency-of-evidence |
Can the lower court courts indiscriminately deny (timely) filed Federal habeas corpus (2261) of newly discovered evidence wherein the newly discovered… |
| 22-7641 |
Carl Dean Wyatt, Jr. v. Steven Harpe, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2023-05-25 |
Denied |
IFP |
criminal-procedure discovery dna-testing due-process ineffective-assistance plea-bargaining post-conviction-relief prosecutorial-misconduct witness-testimony |
Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant |
| 22-1142 |
Jamil Al-Amin v. Georgia |
Georgia |
2023-05-24 |
Denied |
Response Waived |
brady-v-maryland brady-violation due-process exculpatory-evidence habeas-corpus material-evidence mistaken-identity planted-evidence possession prosecutorial-misconduct |
Did the trial court err in holding the Prosecution did not have possession of the 'it was placed' note ultimately produced by the FBI? |
| 22-7581 |
Michael D. Beiter, Jr. v. United States |
Eleventh Circuit |
2023-05-17 |
Denied |
Response WaivedIFP |
access-to-records chilling-effect court-precedent due-process government-action grand-jury legal-relief legal-rights penalization procedural-limitation prosecutorial-misconduct selective-prosecution |
Whether a person is precluded from doing what the law plainly allows them to do, as the government pursues a course of action to penalize a person's r… |
| 22-7557 |
Germaine Coulter, Sr., aka Slim v. United States |
Tenth Circuit |
2023-05-16 |
Denied |
Response WaivedIFP |
due-process fair-trial hearsay-testimony juror-coercion jury-coercion jury-deliberation jury-deliberations prosecutorial-misconduct sixth-amendment |
Whether Mr. Coulter's Sixth Amendment rights were violated |
| 22-7536 |
Mark D. Sievers v. Florida |
Florida |
2023-05-12 |
Denied |
IFP |
closing-argument due-process fair-trial jury-instruction plea-agreement polygraph prosecutorial-misconduct witness-credibility |
Whether a state judge violates a defendant's due process right to a fair trial by giving an impromptu jury instruction regarding the credibility of th… |
| 22-7509 |
Gary R. Thompson, Jr. v. Oklahoma |
Oklahoma |
2023-05-10 |
Denied |
IFP |
blockburger-v-united-states constitutional-violation criminal-rights double-jeopardy due-process fifth-amendment hazel-atlas-glass-co-v-hartford prosecutorial-misconduct supreme-court-precedent united-states-v-dixon |
Does the double jeopardy protection still hold the promise and guarantee of the prohibition and protection from being twice placed in jeopardy for the… |
| 22-7486 |
TyJuan Keith v. Illinois |
Illinois |
2023-05-09 |
Denied |
Response WaivedIFP |
civil-rights due-process fair-trial ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct |
Whether the petitioner's constitutional rights were violated when the lower court upheld the prosecutor's conduct during trial |
| 22-7496 |
Akkeli Frederick v. California |
California |
2023-05-09 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process fair-trial fifth-amendment illegal-interrogation involuntary-confession ninth-circuit prosecutorial-misconduct self-incrimination |
Whether the admission of an involuntary confession derived from an illegal interrogation violates the accused's Fifth Amendment right against self-inc… |
| 22-7466 |
Richard Eugene Glossip v. Oklahoma |
Oklahoma |
2023-05-04 |
Judgment Issued |
Amici (18)Relisted (12)IFP |
brady-v-maryland brady-violation capital-punishment due-process evidence-suppression false-testimony kyles-v-whitley materiality napue-v-illinois prosecutorial-misconduct witness-testimony |
whether-the-state's-suppression-of-the-key-prosecution-witness's-admission-he-was-under-the-care-of-a-psychiatrist-and-failure-to-correct-that-witness… |
| 22-7405 |
Earl C. Handfield, II v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2023-04-28 |
Denied |
IFP |
brady-v-maryland counsel-performance due-process federal-courts legal-burden prejudice prosecutorial-misconduct strickland-v-washington |
Does Brady v Maryland law warrant clarification due to federal courts adding a 'counsel-performance' prong to the Brady analysis which confuses the la… |
| 22-7406 |
Shawn Henry v. Florida |
Florida |
2023-04-28 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights due-process equal-protection fair-trial false-evidence fourteenth-amendment prosecutorial-misconduct state-action state-court-discrimination |
Whether petitioner was denied substantial equality and fair process |
| 22-7341 |
Donnie Earl Phillips, Jr. v. Robert Ray Cowie, et al. |
Fifth Circuit |
2023-04-21 |
Denied |
IFP |
civil-conspiracy civil-procedure civil-rights constitutional-violations damages due-process illegal-prosecution immunity legal-remedy malicious-prosecution prosecutorial-misconduct |
Question not identified |
| 22-7329 |
Robert Wayne Gillman v. Florida |
Florida |
2023-04-20 |
Denied |
Response WaivedIFP |
conflict-of-interest fair-trial fraud judicial-abuse-of-discretion judicial-discretion manifest-injustice prosecutorial-misconduct structural-defect |
Is it manifest injustice when conflict-of-interest, prosecutorial-misconduct, judicial-abuse-of-discretion, and fraud deprive defendant of a fair tria… |
| 22-7337 |
Toforest Onesha Johnson v. Alabama |
Alabama |
2023-04-20 |
Denied |
Amici (2)IFP |
brady-v-maryland brady-violation capital-murder death-penalty post-conviction-proceedings post-conviction-relief prosecutorial-misconduct reward-payment suppressed-evidence witness-testimony |
Did the State suppress evidence under Brady in the extraordinary circumstances of this death penalty case? |
| 22-7277 |
Genard Alonzo Toney v. United States |
Eighth Circuit |
2023-04-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction discovery due-process essential-element ineffective-assistance judicial-review plea-bargaining prosecutorial-misconduct sentencing-hearing trial-integrity |
Whether defendant received ineffective assistance of counsel |
| 22-7281 |
Steven Ray Rouse v. North Carolina |
North Carolina |
2023-04-13 |
Denied |
IFP |
civil-procedure constitutional-rights discovery discovery-violations due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-procedure prosecutorial-misconduct witness-identification |
How could lawyer (Rick Farqutte) send Steven Ray Rouse at discovery of 3 facts and 1? were duplicates? |
| 22-989 |
Rodney Lynn Dalton v. Arizona |
Arizona |
2023-04-11 |
Denied |
Response Waived |
appellate-review constitutional-rights criminal-trial cumulative-error due-process prosecutorial-misconduct standard-of-review |
What is the appropriate standard for determining cumulative prosecutorial misconduct in a criminal trial? |
| 22-981 |
Emem Ufot Udoh v. Minnesota |
Minnesota |
2023-04-10 |
Denied |
Response Waived |
brady-violation due-process ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction post-conviction-relief prosecutorial-misconduct right-of-access right-of-access-to-court |
Whether the court of appeals erred and violated petitioner's due process right |
| 22-7213 |
Brian Evan Roth v. Florida |
Florida |
2023-04-05 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights closing-arguments criminal-procedure due-process evidence evidence-introduction judicial-discretion prosecutorial-misconduct trial-procedure |
Whether the trial court erred in allowing certain evidence to be introduced and considered as testimony, as well as issues brought up during closing a… |
| 22-7186 |
Daniel Ray Mann v. Doug Clark, Warden, et al. |
Eighth Circuit |
2023-04-03 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process expert-testimony plain-error plain-error-review procedural-default prosecutorial-misconduct vouching |
Whether the state court's admission of 'vouching' testimony from a police officer expert witness violated the defendant's due process rights under the… |
| 22-7156 |
James Anthony Rogers v. United States |
Eighth Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
brady-violation civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct |
Whether the prosecutor's conduct in this case violated the petitioner's due process rights under the Fourteenth Amendment |
| 22-7122 |
Quintel West v. Fredeane Artis, Acting Warden |
Sixth Circuit |
2023-03-27 |
Denied |
Response WaivedIFP |
due-process effective-assistance-of-counsel expert-testimony fourth-amendment probable-cause prosecutorial-misconduct reckless-driving sixth-amendment warrantless-arrest |
Whether the petitioner's warrantless arrest was consistent with the Fourth Amendment? |
| 22-7070 |
Kenneth Douglas Clark, III v. Pennsylvania |
Pennsylvania |
2023-03-22 |
Denied |
IFP |
6th and 8th Amendment rights by refusing to drop char and allowing a biased jury verdict excluding his self-defense claim constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-bias jury-exclusion prosecutorial-misconduct self-defense sentencing sentencing-guidelines trial-procedure |
Whether the Commonwealth of Pennsylvania violated the Petitioner's 5th and 6th Amendment rights by refusing to drop all charges against him, denying h… |
| 22-905 |
Troy A. Gregory v. United States |
Tenth Circuit |
2023-03-17 |
Denied |
Response Waived |
closing-argument confession due-process hypothetical identification prosecutorial-misconduct |
Can a prosecutor act out a hypothetical confession by the defendant in closing argument when it is uncontested that the defendant did not confess? |
| 22-7000 |
Nickless Whitson v. United States |
Sixth Circuit |
2023-03-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ex-post-facto fair-trial prosecutorial-misconduct right-to-counsel sixth-amendment |
Does the Sixth Amendment of the United States Constitution still guarantee a criminal defendant the right to effective assistance of counsel, to prote… |
| 22-855 |
Keith Raniere v. United States |
Second Circuit |
2023-03-08 |
Denied |
Response Waived |
cross-examination due-process harmlessness harmlessness-standard judicial-intervention jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony |
Should a finding of absolute harmlessness be required for an intentional and egregious Sixth Amendment violation? |
| 22-6909 |
Curtis Lynn Fauber v. Ronald Davis, Warden |
Ninth Circuit |
2023-03-02 |
Denied |
IFP |
curative-instructions donnelly-v-dechristoforo due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility |
Did the Ninth Circuit's opinion create a conflict with this Court's decision in Donnelly v. DeChristoforo, 416 U.S. 637 (1974), under which specific c… |
| 22-6898 |
John L. Love v. Daniel F. Martuscello, III, Superintendent, Coxsackie Correctional Facility |
Second Circuit |
2023-03-01 |
Denied |
IFP |
abuse-of-discretion constitutional-error discretionary-review due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct relation-back strickland-standard unreasonable-application |
Did the District court abuse its discretion under 'unreasonable application' when petitioner Love's proposed amendment did 'relate back' to the origin… |
| 22-6870 |
Victor Rodriquez Kessel v. United States |
Eighth Circuit |
2023-02-27 |
Denied |
Response WaivedIFP |
constitutional-rights due-process evidentiary-issues fair-trial fourth-amendment judicial-misconduct jury-tampering language-barrier miranda-rights prosecutorial-misconduct |
Did the unethical and arbitrary act/action of the US Attorney of passing out candy in the midst of the petitioner's trial to the empaneled jury comple… |
| 22-6871 |
Ahmed Khalil v. New York |
New York |
2023-02-27 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process prosecutorial-misconduct sentencing speedy-trial |
Whether the prosecutor's acknowledgment that the petitioner was merely charged with felony and misdemeanor charges, but not convicted, should have pre… |
| 22-6885 |
Juan Martinez Pedraza v. United States |
Fifth Circuit |
2023-02-24 |
Denied |
Response WaivedIFP |
which provides that the government has a duty to cross-examination due-process false-testimony fifth-amendment government-witness napue-v-illinois perjury prosecutorial-misconduct |
Whether the Fifth Circuit's holding that false testimony presented by a government witness at trial that is elicited by the defense on cross-examinati… |
| 22-6830 |
Michael Joseph Loukas v. Sarah Schroeder, Warden |
Sixth Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
404(b) due-process evidence-standard ineffective-assistance-of-counsel judicial-discretion medication-warning-labels prior-bad-acts prosecutorial-misconduct separation-of-powers sixth-circuit-review |
Was the Sixth Circuit decision based on an unreasonable determination of the facts |
| 22-6855 |
Alvin Lee Johnson v. Mississippi |
Mississippi |
2023-02-23 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure due-process indictment-defect ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct prosecutorial-misconduct sufficiency-of-evidence |
Whether Johnson's conviction and sentence derived from a defective indictment |
| 22-798 |
William Michael Crothers v. Wyoming |
Wyoming |
2023-02-23 |
Denied |
Response Waived |
brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence impeachment-material prosecutorial-misconduct witness-credibility witness-testimony |
Whether the prosecutor's failure to disclose a promise of non-prosecution to eyewitness testimony violates the Brady rule |
| 22-6828 |
Luis Espinoza v. Tammy Foss, Warden |
Ninth Circuit |
2023-02-22 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment confrontation-clause criminal-procedure due-process fourteenth-amendment jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony |
Were Mr. Espinoza's Sixth and Fourteenth Amendment rights violated? |
| 22-6822 |
Timothy Alan Dunlap v. Idaho |
Idaho |
2023-02-21 |
Denied |
IFP |
brady-disclosure brady-v-maryland criminal-procedure discovery due-process evidence exculpatory-evidence materiality-standard prosecutorial-misconduct |
Whether a defendant's ability to independently obtain exculpatory evidence is relevant to a Brady v. Maryland, 373 U.S. 83 (1963) claim? |
| 22-6810 |
Jason Jarvis v. United States |
Sixth Circuit |
2023-02-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-prosecution defendant-rights due-process evidence evidentiary-rules fourth-amendment legal-standing prosecutorial-misconduct search-and-seizure suppressed-evidence |
Whether suppressed evidence or evidence not belonging to the defendant can be used against the defendant to prosecute him? |
| 22-6801 |
DeSean Alexander Bruce v. Arizona |
Arizona |
2023-02-16 |
Denied |
Response WaivedIFP |
alibi-evidence due-process eyewitness-identification eyewitness-testimony fair-appeal fair-postconviction-proceedings fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-fairness |
Was Petitioner denied due process, a fair trial, a fair appeal, and fair postconviction proceedings |
| 22-6786 |
Cleveland Leroy Coaxum, Jr. v. Jeffrey Snoddy, Warden |
Fourth Circuit |
2023-02-15 |
Denied |
Response WaivedIFP |
appealability constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-rules prosecutorial-misconduct trial-misconduct |
Did the courts make an error on Ruling Petitioner's Habeas Corpus, as un-timely filed petition despite it being filed on time in the lower courts? |
| 22-6772 |
Marion Bowman, Jr. v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2023-02-14 |
Denied |
IFP |
alternative-perpetrator brady-materiality brady-v-maryland capital-sentencing exculpatory-evidence giglio-v-united-states habeas-corpus kyles-v-whitley materiality prosecutorial-misconduct witness-credibility |
Was the Fourth Circuit's finding of no materiality of the suppressed evidence inconsistent with this Court's clearly established precedents? |
| 22-6763 |
Cecil Wallace Williamson, Jr. v. Mike Heinricy, Warden |
Eighth Circuit |
2023-02-13 |
Denied |
Response WaivedRelisted (2)IFP |
capital-case civil-rights constitutional-violation due-process false-confession habeas-corpus organized-crime prosecutorial-misconduct racketeering witness-tampering |
Whether the State of Iowa's actions in allowing Jasper Conry to kidnap the petitioner through racketeering, criminal organized torture, and abuse, and… |
| 22-6747 |
Jimmy Wayne Guinard v. Kris Mayes, Attorney General of Arizona, et al. |
Ninth Circuit |
2023-02-10 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fair-trial jury-instructions prosecutorial-misconduct sentencing vouching |
Did the Trial Judge's labeling petitioner as a sex offender to the jury when he had never been charged with such offenses and was charged with drug of… |
| 22-6759 |
In Re Charles Jordan |
|
2023-02-10 |
Denied |
IFP |
brady-material civil-rights constitutional-errors counsel-silence default-rule due-process habeas-corpus plea-bargaining prosecutorial-misconduct standing state-officials |
How can a petitioner raise Fundamental claims to a higher state court when he lost appeal of right on certain claims due to officials' mishandling of … |
| 22-6741 |
Donatus O. Mbanefo v. United States |
Eleventh Circuit |
2023-02-09 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation due-diligence due-process exculpatory-evidence giglio-standard giglio-v-united-states napue-v-illinois prosecutorial-misconduct self-help |
Whether a defendant must show inability to obtain suppressed evidence through own efforts to establish Brady violation |
| 22-6733 |
In Re John B. Myles |
|
2023-02-08 |
Denied |
IFP |
abuse-of-discretion appellate-review arrest-warrant due-process evidence evidence-exclusion ineffective-assistance-of-counsel judicial-discretion prosecutorial-misconduct sixth-amendment |
Whether the defendant was denied effective assistance of counsel |
| 22-6696 |
Rudy Garcia v. Texas |
Texas |
2023-02-03 |
Denied |
IFP |
constitutional-rights criminal-appeals due-process equal-protection habeas-corpus ineffective-assistance-of-counsel legal-standards precedent prosecutorial-misconduct supreme-court-precedent trial-counsel |
Does the Texas Court of Criminal Appeals' dismissal of Petitioner's habeas claim conflict with their previous decision of a similar claim? |
| 22-6670 |
Jimmy Ray Lacy, Jr. v. Chandler Cheeks |
Sixth Circuit |
2023-02-01 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation due-process effective-assistance-of-counsel fair-trial fourteenth-amendment jailhouse-informant prosecutorial-misconduct sixth-amendment |
Was Jimmy Ray Lacy Jr. denied a fair trial under the fourteenth amendment |
| 22-6668 |
Aaron Lyons v. Brian Ladner, Warden |
Fifth Circuit |
2023-01-31 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights criminal-procedure dna-evidence due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence prosecutorial-misconduct standing |
Question not identified |
| 22-700 |
Mark Howerton v. Texas |
Texas |
2023-01-26 |
Denied |
|
criminal-procedure double-jeopardy due-process fifth-amendment intent judicial-discretion mistrial oregon-v-kennedy prosecutorial-misconduct |
Should the Court's holding in Oregon v. Kennedy be extended to prohibit a wider range of prosecutorial intent? |
| 22-6623 |
Jarmell Raymond Mayweather v. United States |
Eighth Circuit |
2023-01-25 |
Denied |
Response WaivedIFP |
brady-violation due-process evidence-suppression fourth-amendment franks-violation informant-falsification prosecutorial-misconduct search-warrant |
Whether the government omission of evidence that was contrast affiant's Search Warrant Application (SWA) statements constituted a Brady and Franks vio… |
| 22-6525 |
Keith D. Arline, Jr. v. California |
California |
2023-01-11 |
Denied |
Relisted (2)IFP |
brady-claim constitutional-rights criminal-procedure due-process evidence-suppression exculpatory-evidence material-evidence prosecutorial-misconduct suppression-of-evidence williams-v-traylor |
Whether the California Supreme Court rendered a decision in conflict with the law of the United States Supreme Court announced in Brady-v-Maryland,Kyl… |
| 22-6526 |
Anton Michael Kubica v. California |
California |
2023-01-11 |
Denied |
IFP |
case-dismissal constitutional-rights criminal-procedure due-process evidence judicial-review material-evidence prosecutorial-delay prosecutorial-misconduct speedy-trial |
Was the appellant denied his federal and state constitutional right to due process, because of unjustified, prejudicial prosecutorial delay in filing … |
| 22-6504 |
Donald Herrington v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2023-01-10 |
Denied |
IFP |
14th-amendment 1st-amendment 5th-amendment 6th-amendment constitutional-amendments due-process free-speech grand-jury-fraud ineffective-counsel prosecutorial-misconduct trial-framework |
Did the Commonwealth of Virginia adopt a trial framework that allows elected officials to brake their oath by presenting, publicizing and spreading di… |
| 22-6500 |
Richard Eugene Glossip v. Oklahoma |
Oklahoma |
2023-01-09 |
Dismissed |
Amici (2)Relisted (21)IFP |
brady-v-maryland brady-violation criminal-procedure due-process evidence-suppression impeachment-evidence materiality post-conviction-relief prosecutorial-misconduct standard-of-review suppressed-evidence witness-credibility |
Whether a court may require a defendant to demonstrate by clear and convincing evidence that no reasonable fact finder would have returned a guilty ve… |
| 22-613 |
Robert S. Schwartzberg v. Florida |
Florida |
2023-01-04 |
Denied |
Response Waived |
attorney-client-privilege cumulative-error cumulative-error-doctrine ineffective-assistance-of-counsel post-conviction-relief prosecutorial-misconduct strickland-standard strickland-v-washington work-product-doctrine |
Should a post-conviction court presume prejudice where the prosecutor obtains a defendant's attorney-client and workproduct privileged notes prior to … |
| 22-6453 |
Mario Torres v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2023-01-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process eyewitness-identification habeas-corpus plea-agreement plea-bargain post-conviction-relief prosecutorial-misconduct right-to-counsel sentencing |
Whether Petitioner can withdraw his plea after district attorney reneged on the plea bargain |
| 22-6440 |
Damian Thomas v. Delaware |
Delaware |
2023-01-03 |
Denied |
Response WaivedIFP |
constitutional-rights due-process fourteenth-amendment perjured-testimony post-conviction post-conviction-relief procedural-bar prosecutorial-misconduct |
Was petitioner's Fourteenth Amendment right to due process of law violated when his conviction was obtained through the use of perjured testimony and … |
| 22-6411 |
Granville Ritchie v. Florida |
Florida |
2022-12-29 |
Denied |
IFP |
anti-immigrant capital-penalty capital-punishment constitutional-rights equal-protection immigration-status impartial-jury jury-bias prosecutorial-misconduct unconstitutional-conditions |
Does the United States Constitution prohibit a prosecutor from suggesting to a capital penalty jury that the defendant, as a foreigner and an immigran… |
| 22-6341 |
Angela Schmid v. United States |
Tenth Circuit |
2022-12-19 |
Denied |
Response WaivedIFP |
civil-rights due-process equal-protection prosecutorial-misconduct selective-prosecution vindictive-prosecution |
Whether the district court erred in denying the defendant's motion to dismiss the indictment on the grounds of selective prosecution and vindictive pr… |
| 22-530 |
Daniel A. Bench v. United States |
Armed Forces |
2022-12-08 |
Denied |
Response Waived |
child-witness confrontation confrontation-right court-martial plain-error prosecutorial-misconduct remote-testimony sixth-amendment |
Does a prosecutor's in-court lie to secure a witness's testimony constitute misconduct that materially prejudices an accused's' Sixth Amendment right … |
| 22-6245 |
Wade Plair v. Supreme Court of Pennsylvania, et al. |
Third Circuit |
2022-12-07 |
Denied |
IFP |
constitutional-violations double-jeopardy due-process equal-protection obstruction-of-justice prosecutorial-misconduct tampering-with-records |
Does intentional prosecutorial misconduct disqualify the trial court from pursuing a second prosecution of the same case? |
| 22-6232 |
Trevor Jim Bishop v. California |
California |
2022-12-06 |
Denied |
IFP |
due-process evidence hearsay other-acts other-acts-evidence procedural-error procedure prosecutorial-misconduct trial-counsel waiver |
Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proced… |
| 22-515 |
Herbert Traver v. Pennsylvania |
Pennsylvania |
2022-12-05 |
Denied |
Response WaivedRelisted (2) |
14th-amendment 5th-amendment amendment-violation constitutional-rights cross-examination due-process fair-trial prosecutorial-misconduct |
Did the prosecutor engage in intentional misconduct by employing a known falsehood, thereby depriving the Petitioner of a fair trial in violation of h… |
| 22-519 |
Shawn Rogers Malloy v. Pennsylvania |
Pennsylvania |
2022-12-05 |
Denied |
|
attorney-client-privilege brady-v-maryland brady-violation constitutional-remedy due-process prosecutorial-misconduct right-to-counsel sixth-amendment united-states-v-nobles |
Does the prosecution's retention of, failure to quarantine, and failure to disclose possession of a criminal defendant's legal strategy notes, prepare… |
| 22-6219 |
Bruce Wood v. Robert May, Warden, et al. |
Third Circuit |
2022-12-05 |
Dismissed |
Relisted (2)IFP |
actual-innocence certificate-of-appealability coa conflict-with-court-precedent due-process fundamental-miscarriage-of-justice habeas-corpus prosecutorial-misconduct rule-60 rule-60-motion |
When Petitioner's exculpatory evidence infers an innocent man is imprisoned |
| 22-6221 |
Oscar J. Martinez-Hernandez v. United States |
First Circuit |
2022-12-05 |
Denied |
Response WaivedIFP |
conflict-of-interest due-process effective-assistance-of-counsel fifth-amendment prosecutorial-misconduct sixth-amendment |
Whether former prosecutor's defense of defendant under same indictments violates 18 U.S.C. § 207 and defendant's constitutional rights |
| 22-6208 |
Jason Ross Gilley v. Raymond Madden, Warden |
Ninth Circuit |
2022-12-02 |
Denied |
IFP |
5th-amendment 6th-amendment civil-rights constitutional-violations due-process evidence-standards fair-trial prosecutorial-misconduct reasonable-doubt sixth-amendment |
Question not identified. |
| 22-6199 |
In Re Cornell White |
|
2022-12-01 |
Denied |
IFP |
constitutional-violation eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel missouri-supreme-court-rule procedural-default procedural-rule prosecutorial-misconduct second-petition |
Whether the Eighth Circuit erred in denying the petitioner's application for leave to file a second habeas petition |
| 22-6171 |
Leihinahina Sullivan v. United States District Court for the District of Hawaii |
Ninth Circuit |
2022-11-30 |
Dismissed |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-suppression government-misconduct grand-jury grand-jury-subpoena prosecutorial-misconduct subpoenas |
Whether the United States District Court for the District of Hawaii sanctioned the abuse of process and violation of the Petitioner's Fifth Amendment … |
| 22-6136 |
Juan Martin Figueroa v. W. L. Montgomery, Warden |
Ninth Circuit |
2022-11-22 |
Denied |
Response WaivedIFP |
brady-violation compulsory-process due-process ethical-standards fair-trial habeas-corpus prosecutorial-misconduct witness-testimony |
whether-the-prosecutor-deprived-figueroa-of-due-process-compulsory-process-and-a-fair-trial |
| 22-6145 |
Daniel Alexander Rodriguez v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-11-22 |
Denied |
Response WaivedIFP |
arizona-law burden-shifting commenting-on-silence falsely-representing-evidence ineffective-assistance misstating-law misstating-witness ninth-circuit-review prejudice-analysis prosecutorial-misconduct strickland-standard |
Whether the Ninth Circuit incorrectly applied Arizona law in finding that multiple instances of prosecutorial misconduct did not prejudice petitioner … |
| 22-6107 |
Jarmal Williamson v. United States |
Eleventh Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
batson-challenge batson-v-kentucky circuit-split equal-protection flowers-v-mississippi jury-selection peremptory-challenges peremptory-strikes prosecutorial-misconduct racial-discrimination |
Does Batson v. Kentucky and its progeny instruct courts to consider repeated misstatements of the record by a prosecutor as suggestive of pretext when… |
| 22-6065 |
Samirkumar J. Shah v. United States |
Third Circuit |
2022-11-16 |
Denied |
Response WaivedIFP |
adversarial-process conflict-of-interest criminal-procedure disqualification disqualification-motion due-process evidentiary-hearing prosecutorial-ethics prosecutorial-misconduct |
Whether the Petitioner was afforded a meaningful and fair adversarial process when the district court denied his motion to disqualify the United State… |
| 22-6055 |
Murray Hooper v. Arizona |
Arizona |
2022-11-15 |
Denied |
IFP |
brady-v-maryland brady-violation due-process exculpatory-evidence habeas-corpus napue-v-illinois post-conviction-relief prosecutorial-misconduct |
Whether the state has a duty to provide a defendant access to admitted exculpatory evidence |
| 22-6061 |
Kyle Watkins v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2022-11-15 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation constitutional-rights cumulative-effect due-process first-degree-murder habeas habeas-corpus law-enforcement law-enforcement-practices prejudice prosecutorial-misconduct |
Whether a Court can construe Brady's prejudice prong so strictly that it becomes, in effect, an automatic means of excusing unconstitutional law enfor… |
| 22-6032 |
Nicholas Sterling Little v. Ronald Haynes, Superintendent, Stafford Creek Corrections Center |
Ninth Circuit |
2022-11-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defendant other-suspect other-suspect-evidence person-a person-b post-conviction post-conviction-evidence prosecutorial-misconduct suppressed-evidence |
Does a criminal defendant's constitutional rights violate if prosecutors use 'other-suspect' evidence to convict 'person-a' of a crime 'person-b' is a… |
| 22-6017 |
Reginald Eugene Grimes, Sr. v. United States |
Eleventh Circuit |
2022-11-08 |
Dismissed |
Response WaivedRelisted (2)IFP |
certificate-of-appealability criminal-procedure due-process eleventh-circuit false-testimony perjury plain-error prosecutorial-misconduct sentencing sentencing-hearing |
Did the Eleventh Circuit commit error in denying a COA for government misconduct, perjured testimony, and sentencing violations? |
| 22-422 |
Kendall Streb v. United States |
Eighth Circuit |
2022-11-07 |
Denied |
Response WaivedRelisted (2) |
abuse-of-discretion brady-violation civil-procedure criminal-procedure discovery due-process evidence-concealment government-misconduct hearing prosecutorial-misconduct witness-payments |
Whether the district court abused its discretion in denying a hearing into the government's alleged discovery violations |
| 22-6007 |
Jerry Word v. John Christiansen, Warden |
Sixth Circuit |
2022-11-07 |
Denied |
Response WaivedIFP |
civil-procedure due-process evidentiary-hearing fourth-amendment fraud-upon-court fraud-upon-the-court ineffective-assistance-counsel prosecutorial-misconduct remand search-and-seizure standing |
Whether lower courts may reject a claim of fraud upon the court without addressing the issue or remanding the case |
| 22-5974 |
Draco Aurum Rat v. Mark Brnovich, Attorney General of Arizona, et al. |
Ninth Circuit |
2022-11-02 |
Denied |
IFP |
constitutional-rights due-process evidence-suppression evidentiary-issues fair-trial prosecutorial-misconduct witness-testimony |
Whether a prosecutor who misrepresents witness testimony, asks false leading questions, and solicits false testimony has committed a fundamental error… |
| 22-399 |
Adam Dean Brown v. Florida Department of Corrections |
Eleventh Circuit |
2022-10-31 |
Denied |
|
accident-reconstruction burden-of-proof certificate-of-appealability criminal-procedure criminal-trial due-process evidence expert-testimony ineffective-assistance-of-counsel prosecutorial-misconduct traffic-accident |
Did Petitioner satisfy the burden for the issuance of a certificate of appealability on his ineffective-assistance-of-counsel claims |
| 22-5849 |
David Keith Wills v. United States |
Fifth Circuit |
2022-10-17 |
Denied |
Response WaivedIFP |
compulsory-process conflict-of-interest defense-witness dual-sovereignty due-process fair-trial federal-prosecutors perjury prosecutorial-misconduct witness-intimidation |
whether-federal-prosecutors-can-threaten-defense-witnesses |
| 22-5796 |
James Edward Rose v. South Carolina, et al. |
Fourth Circuit |
2022-10-07 |
Denied |
IFP |
brady-violation civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct sovereign-citizen standing ucc-1-308 |
Whether the petitioner's reserved rights under the Uniform Commercial Code (UCC) and status as a 'private man' exempt him from criminal prosecution an… |
| 22-5777 |
In Re Adib Eddie Ramez Makdessi |
|
2022-10-06 |
Dismissed |
IFP |
civil-rights constitutional-rights criminal-conviction due-process equal-protection evidence-tampering jury-instructions jury-misconduct prosecutorial-misconduct racial-bias |
Whether the trial court erred in denying the defendant's Rule 60(b) motion to vacate the conviction based on evidence of prosecutorial misconduct, rac… |
| 22-5771 |
Shawn Canada v. Olmsted County Community Corrections, All Staff Members, et al. |
Eighth Circuit |
2022-10-05 |
Denied |
IFP |
8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process proportionality prosecutorial-misconduct sentencing supreme-court-review |
Whether the Eighth Amendment's prohibition on cruel and unusual punishment requires that a defendant be sentenced to a term of imprisonment that is pr… |
| 22-5759 |
Andrew Robertson v. Massachusetts |
Massachusetts |
2022-10-04 |
Denied |
IFP |
criminal-procedure due-process evidence indictment judicial-discretion prosecutorial-misconduct |
Whether the judge abused his discretion in denying the defendant's motion to dismiss the indictment due to prosecutorial misconduct |
| 22-5763 |
Benjamin Justin Brownlee v. New York |
Second Circuit |
2022-10-04 |
Denied |
IFP |
brady-violation criminal-procedure discovery due-process exculpatory-evidence ineffective-assistance-of-counsel medical-evidence prosecutorial-misconduct right-to-defense |
Whether the trial court erred in denying the defendant's motion to dismiss the indictment due to a Brady violation |
| 22-5719 |
Shannon Dewayne Reece v. Texas |
Texas |
2022-09-29 |
Denied |
IFP |
aggravated-robbery criminal-conviction double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct state-court-precedent witness-testimony |
Can a person be convicted of an offense even after the victim testifies that the defendant is not the person that assaulted or robbed them? |
| 22-5666 |
Arturo Cano v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-09-22 |
Denied |
Response WaivedIFP |
civil-rights due-process habeas-corpus ineffective-assistance martinez-v-ryan pro-se procedural-default prosecutorial-misconduct sixth-amendment standing |
Whether being presented by counsel at the state initial-collateral proceedings is a determinative factor for obtaining an evidentiary hearing before a… |
| 22-5612 |
Luis F. Gomez v. United States |
Seventh Circuit |
2022-09-20 |
Denied |
Response WaivedIFP |
6th-amendment administrative-law constitutional-law due-process federal-jurisdiction judicial-review prejudice prosecutorial-misconduct reversal statutory-interpretation witness-credibility |
Does a prosecutor's improper vouching for a witness unduly prejudice the defendant and require reversal under the 6th Amendment? |
| 22-5590 |
Robert Nathan Hensley v. United States |
Eighth Circuit |
2022-09-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility ineffective-assistance-of-counsel legal-scrutiny prosecutorial-misconduct sexual-offenses |
Whether the petitioner was denied the effective assistance of counsel where the trial court allowed the introduction of tampered evidence without the … |
| 22-5560 |
Tyrone Learone McCurdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-13 |
Denied |
IFP |
brady-disclosure brady-violation criminal-procedure due-process perjury prosecutorial-misconduct right-to-fair-trial witness-tampering witness-testimony |
Has the prosecutor suborned perjury? |
| 22-5561 |
Terrance Brooks v. Illinois |
Illinois |
2022-09-12 |
Denied |
Response WaivedIFP |
appellate-court appellate-review conviction due-process judicial-review napue-standard napue-v-illinois perjured-testimony perjury prosecutorial-misconduct reasonable-likelihood |
Whether the Appellate Court of Illinois rejection of Mr. Brooks assertion of knowing use of perjured testimony to obtain a conviction had a reasonable… |
| 22-5516 |
Antrell Desharron Lewis v. United States |
Eighth Circuit |
2022-09-07 |
Denied |
Response WaivedIFP |
2255-motion burrage burrage-standard criminal-procedure drug-overdose habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment |
Did trial counsel provide ineffective assistance in light of this court's holding in Burrage by failing to investigate the drug alleged to have caused… |
| 22-5510 |
Ronald Lebed, Sr. v. Florida |
Florida |
2022-09-06 |
Denied |
Response WaivedIFP |
constitutional-rights fourteenth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct search-and-seizure sixth-amendment |
Whether the Fifth District Court of Appeal violated the petitioner's Fourth, Sixth and Fourteenth Amendment rights |
| 22-5497 |
William C. Shaw v. Ed Hay, et al. |
Ninth Circuit |
2022-09-02 |
Denied |
Relisted (2)IFP |
civil-rights county-conspiracy criminal-justice due-process false-accusations false-allegations prosecutorial-misconduct standing victim-testimony wrongful-conviction |
Alleged-misconduct-by-government-officials |
| 22-5478 |
Lesester Duva McDaughtery v. Tammy Foss, Warden |
Ninth Circuit |
2022-09-01 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation due-process false-evidence federal-courts foreign-policy habeas-corpus inherent-authority judicial-proceedings post-conviction prosecutorial-misconduct state-court-proceedings |
Whether the Judiciary Act of 1789 and the inherent authority of federal courts to control their own proceedings sanctions a federal court's dismissal … |
| 22-186 |
Troy Mansfield v. Williamson County, Texas |
Fifth Circuit |
2022-08-30 |
Denied |
Amici (6) |
brady-violation brady-vs-maryland circuit-split criminal-justice due-process exculpatory-evidence plea-bargaining prosecutorial-misconduct |
Whether the due process right recognized in Brady requires the disclosure of exculpatory evidence (or at the very least, evidence of factual innocence… |
| 22-5473 |
Nuzzio Begaren v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2022-08-30 |
Denied |
Response WaivedIFP |
brady-violation criminal-informant disclosure-requirements due-process exculpatory-evidence habeas-corpus prosecutorial-misconduct |
Whether the Orange County District Attorney's Unlawful Scheme to Secretly Use and Failure to Disclose a Criminal Informant Violated Brady? |
| 22-5475 |
Merlin Williams v. Burl Cain, Warden |
Fifth Circuit |
2022-08-30 |
Denied |
Response WaivedIFP |
circumstantial-evidence civil-rights constitutional-rights criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct witness-testimony wrongful-conviction |
Whether the Supreme Court of the United States should review the issues presented |
| 22-5463 |
Rahmael Sal Holt v. Pennsylvania |
Pennsylvania |
2022-08-29 |
Denied |
IFP |
adequate brady-claim default-ruling due-process federal-law federal-review independent jurisdiction jurisdictional-challenge prosecutorial-misconduct witness-testimony |
Does the United States Supreme Court have jurisdiction to hear Petitioner's Brady claim because the Supreme Court of Pennsylvania's default ruling was… |
| 22-5450 |
Jermaine Crump v. Joe Errington, Warden |
Fifth Circuit |
2022-08-25 |
Denied |
Response WaivedIFP |
brady-disclosure constitutional-rights criminal-procedure due-process evidence-suppression habeas-corpus harmless-error ineffective-assistance-of-counsel prosecutorial-misconduct standard-of-review |
Whether the district court erred in finding that Crump received effective assistance of trial counsel |
| 22-5436 |
Oraine D. Brown v. New Jersey |
New Jersey |
2022-08-24 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure discovery discovery-rules due-process judicial-discretion new-jersey-court-rule pre-indictment-discovery prosecutorial-misconduct prosecutorial-motion speedy-trial trial-commencement trial-postponement |
Can a trial judge postpone a trial on its commencement date at the prosecutor's motion for additional discovery without establishing how the opposing … |
| 22-164 |
Mark Elliott Stuart v. Douglas Gerlach, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2022-08-23 |
Denied |
Response Waived |
civil-rights constitutional-rights due-process free-speech police-conduct prosecutorial-misconduct sixth-amendment speedy-trial vindictive-prosecution |
Whether the State can punish an individual for refusing to obey an unconstitutional order or for peacefully exercising constitutional rights |
| 22-127 |
Abraham Moses Fisch v. United States |
Fifth Circuit |
2022-08-09 |
Denied |
Response Waived |
18-usc-1515(c) appellate-procedure certificate-of-appealability constitutional-rights fifth-circuit impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings judicial-review prosecutorial-misconduct |
Has the United States Court of Appeals for the Fifth Circuit so far departed from the accepted and usual course of judicial proceedings, or sanctioned… |
| 22-5319 |
Gary Lee Rollins v. Donnie Ames, Superintendent, Mount Olive Correctional Complex |
West Virginia |
2022-08-09 |
Denied |
Response RequestedRelisted (2)IFP |
brady-v-maryland brady-violation due-process immunity-agreement napue-v-illinois napue-violation prosecutorial-misconduct witness-credibility |
Does a court commit prejudicial error under Brady v. Maryland and Napue v. Illinois when it makes erroneous factual findings and unreasonable legal co… |
| 22-5296 |
Ryan T. Carleton v. Maine |
Maine |
2022-08-05 |
Denied |
Response WaivedIFP |
administrative-procedure agency-documents civil-rights disclosure-requirements due-process federal-law ineffective-assistance-of-counsel internal-communications prosecutorial-misconduct right-to-counsel right-to-fair-trial staff-communications |
Does Carleton's public defender have a history of incompetence or misconduct? |
| 22-5219 |
Kim Lee Millbrook v. United States |
Seventh Circuit |
2022-07-28 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process first-amendment ineffective-assistance newly-discovered-evidence prosecutorial-misconduct standing takings |
Whether the petitioner has a valid claim under the First Amendment, due-process, standing, civil-rights, civil-procedure, takings |
| 22-5202 |
In Re Tavon Dameon Davis |
|
2022-07-27 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure due-process evidence habeas-corpus judicial-misconduct mandamus prosecutorial-misconduct witness-tampering |
Whether a writ of mandamus should issue directing the court of appeals (Fourth Circuit) to remand this case to the district court without delay to hol… |
| 22-5152 |
In Re Jerry N. Alfred |
|
2022-07-22 |
Dismissed |
Relisted (2)IFP |
constitutional-rights criminal-conviction due-process equal-protection false-evidence fourteenth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment |
Whether the Due Process Clause of the Fourteenth Amendment to the United States Constitution is violated when a state knowingly uses false evidence to… |
| 22-5164 |
Oscar Lenton, Sr. v. Warden, FCI Edgefield |
Fourth Circuit |
2022-07-22 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation confrontation-clause due-process evidence-suppression exculpatory-evidence fair-trial government-misconduct habeas-corpus prosecutorial-misconduct sixth-amendment |
Whether the Appeals Court ruling deprived petitioner of his right under Brady v. Maryland, where the Government had violated its obligation to turn ov… |
| 22-63 |
Antoin Deneil Marshal v. Texas |
Texas |
2022-07-22 |
Denied |
Response RequestedRelisted (3) |
constitutional-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel laches prosecutorial-misconduct reconsideration standing |
Whether the TCCA's application of the equitable doctrine of laches constitutes an independent and adequate state law ground that bars review of petiti… |
| 22-5048 |
George A. Pilola v. Craig Koenig, Acting Warden |
Ninth Circuit |
2022-07-07 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation due-process exculpation fingerprint fingerprint-evidence napue-v-illinois napue-violation ninth-circuit ninth-circuit-review prosecutorial-misconduct |
Should CERTIORARI be granted to review the failure of the prosecution to turn over fingerprint evidence and the untruthfulness of the detective and pr… |
| 22-5037 |
Stephen Todd Booker v. Florida |
Florida |
2022-07-06 |
Denied |
IFP |
banks-v-dretke brady-disclosure brady-v-maryland constitutional-due-process criminal-procedure disclosure due-diligence due-process exculpatory-evidence government-misconduct prosecutorial-misconduct |
May courts impose a due diligence requirement for Brady claims |
| 22-5030 |
Paul John Denham v. Superior Court of California, Los Angeles County, et al. |
California |
2022-07-05 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure defendant-protections due-process exculpatory-evidence habeas-corpus judicial-bias post-conviction-relief prosecutorial-misconduct |
Whether a criminal defendant's post-conviction habeas petition alleging the district attorney's office engaged in multiple intentional frauds to appea… |
| 21-8170 |
Samuel Gaines, Jr. v. Brooks L. Benton, Warden |
Eleventh Circuit |
2022-06-17 |
Denied |
IFP |
civil-rights court-fraud criminal-law due-process federal-procedure fraud-on-the-court judicial-interference legal-obstruction obstruction-of-justice prosecutorial-misconduct standing state-procedure |
Whether the lower court's order violated the Petitioner's constitutional and statutory rights by disrespecting the authority of the United States Dist… |
| 21-8174 |
Scott Svoboda v. Ohio |
Ohio |
2022-06-17 |
Denied |
IFP |
attorney-client-privilege attorney-client-relationship confiscation criminal-procedure effective-assistance-of-counsel prosecutorial-misconduct right-to-counsel sixth-amendment trial-strategy |
Whether a criminal defendant is denied his right to the effective assistance of counsel |
| 21-8178 |
Jing Hua Wu v. Eric Arnold, Warden, et al. |
Ninth Circuit |
2022-06-17 |
Denied |
IFP |
civil-rights constitutional-rights due-process evidence-fabrication habeas-corpus ineffective-assistance jury prosecutorial-misconduct standing trial-procedure |
Jury-Misconduct |
| 21-8166 |
Ricky Vincent Pendleton v. United States |
Fourth Circuit |
2022-06-16 |
Denied |
Response WaivedIFP |
constitutional-violation coram-nobis due-process fifth-amendment fourteenth-amendment newly-discovered-evidence prosecutorial-misconduct |
Did the presentation of gruesome photographs to each grand juror violate the Fifth and Fourteenth Amendments? |
| 21-8120 |
Willie Alfred Green v. Delijah Washington |
Eleventh Circuit |
2022-06-10 |
Denied |
Response WaivedIFP |
brady-claim brady-claims due-process effective-assistance false-evidence guilty-plea materially-exculpatory-evidence perjured-testimony prosecutorial-misconduct sixth-amendment |
Are Brady claims available for defendants who plead guilty when the prosecution withholds materially exculpatory evidence? |
| 21-8085 |
Frank Jarvis Atwood v. Arizona |
Arizona |
2022-06-08 |
Denied |
IFP |
brady-v-maryland brady-violation constitutional-rights due-process exculpatory-evidence material-evidence material-exculpatory-evidence materiality-analysis prosecutorial-misconduct third-party-culpability |
Did the State withhold material exculpatory evidence in violation of Brady v. Maryland? |
| 21-8091 |
Jermaine Jackson v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-violation criminal-procedure due-process evidence-tampering ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct trial-procedure |
Whether the Third Circuit Court of Appeals erred in finding that the defendant's constitutional rights were not violated and in not granting a new tri… |
| 21-8081 |
Moses Clark v. California |
California |
2022-06-07 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-violation criminal-procedure double-jeopardy due-process fourteenth-amendment fourth-amendment habeas-corpus plea-agreement preliminary-hearing prosecutorial-misconduct |
Whether the state court violated the defendant's Fourth Amendment rights by bringing the defendant before the magistrate within 48 hours after arrest |
| 21-8047 |
Santiago Esquivel v. Gary Miniard, Warden |
Sixth Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fundamental-fairness habeas-corpus miranda-rights post-arrest-silence prosecutorial-conduct prosecutorial-misconduct sixth-circuit |
did-the-sixth-circuit-err-in-failing-to-find-the-district-court's-decision-on-the-prosecutor's-reference-to-petitioner's-silence-as-debatable-or-wrong |
| 21-7986 |
Stephen Gosch v. Florida |
Florida |
2022-05-27 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence evidence-disclosure fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct state-court |
Did the state court violate the petitioner's right to due process of law as guaranteed by the Fourteenth Amendment? |
| 21-7978 |
Patrick Clay Kunkel v. California |
California |
2022-05-26 |
Denied |
IFP |
brady-violation confrontation-clause double-jeopardy due-process newly-discovered-evidence prosecutorial-misconduct sixth-amendment |
Where petitioner received a conviction for premeditated attempted murder and attempted manslaughter of two individuals, were such that petitioner was … |
| 21-1485 |
In Re Eileen Vey |
|
2022-05-25 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure criminal-venue due-process equal-protection ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct retaliation self-defense |
Whether this Court should clear Eileen Vey of all charges, since she was clearly criminally prosecuted and deprived of 'reasonable doubt' |
| 21-7940 |
Jason P. Thomas v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2022-05-23 |
Denied |
IFP |
criminal-procedure double-jeopardy evidentiary-hearing fabricated-evidence ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sentencing |
Whether the District Court erred in disposing of Petitioner's claim of ineffective assistance of trial counsel surrounding the failure to litigate a v… |
| 21-7923 |
Charles K. Topping and J. W. Long, aka James Wayne Long v. United States |
Eleventh Circuit |
2022-05-20 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process essential-element fraud-scheme jury-instructions prosecutorial-misconduct theory-of-defense |
Where the district court's instructions to the jury in a criminal case provide—as part of the theory of defense instruction—an explanation of an essen… |
| 21-7898 |
Emilio Evalio Arenas v. Nevada |
Nevada |
2022-05-17 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process free-speech mistrial prejudice prosecutorial-misconduct standing |
Whether the Supreme Court of Nevada erred when it concluded that the petitioner was not prejudiced by cumulative error after the district court abando… |
| 21-7875 |
Freya D. Pearson v. United States |
Eighth Circuit |
2022-05-16 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-procedure constitutional-right direct-appeal due-process effective-counsel ineffective-assistance notice-of-deficiency notice-of-withdrawal notice-requirement prosecutorial-misconduct tax-deficiency |
Right To Counsel |
| 21-7856 |
William Garrido v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-05-13 |
Denied |
IFP |
confrontation-clause constitutional-rights criminal-procedure due-process prosecutorial-conduct prosecutorial-misconduct read-back-testimony right-to-fair-trial witness-testimony |
Whether a trial court violates a criminal defendant's constitutional right to due process of law by permitting a prosecutor to introduce previous unre… |
| 21-7836 |
Bruce Edward Bingham, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-11 |
Denied |
IFP |
burden-of-proof closing-arguments constitutional-ineffective-assistance criminal-procedure discovery-violation due-process due-process-violation prosecutorial-misconduct remorse right-to-counsel |
Was the prosecution's remarks regarding the 'conscience of the community' and 'remorse' prosecutorial misconduct, or allowable argument? |
| 21-7793 |
Leihinahina Sullivan v. United States District Court for the District of Hawaii |
Ninth Circuit |
2022-05-06 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights constitutional-rights criminal-procedure due-process free-speech grand-jury-procedure pro-se-defendant prosecutorial-misconduct standing subpoena-abuse |
Question not identified |
| 21-7780 |
Selvin Orlando Carranza v. California |
California |
2022-05-05 |
Denied |
Response WaivedIFP |
4th-amendment 8th-amendment brady-violation constitutional-rights due-process exculpatory-evidence impeachment-evidence police-misconduct prosecutorial-misconduct third-party-culpability |
Whether a prosecutor's failure to disclose exculpatory and impeachment evidence related to a police officer's prior criminal conduct violates the defe… |
| 21-1423 |
Anthony Hoti v. City of Warren, Michigan |
Michigan |
2022-05-05 |
Denied |
Response WaivedRelisted (3) |
arrest-authority civil-rights due-process jury-selection jury-tampering law-enforcement-discretion probable-cause prosecutorial-misconduct standing trial-procedure |
Whether the prior secret contacts between the prosecutor and a sitting juror constituted an external influence on the jury |
| 21-1424 |
Marjana Hoti v. City of Warren, Michigan |
Michigan |
2022-05-05 |
Denied |
Response WaivedRelisted (3) |
due-process external-influence fair-trial judicial-ethics jury-misconduct jury-tampering prosecutorial-misconduct sixth-amendment trial-procedure |
Is it an external influence on the jury when the prosecutor and one of the sitting jurors had prior secret contacts before the trial starts? |
| 21-7777 |
Vedal A. Davis v. Texas |
Texas |
2022-05-04 |
Denied |
Relisted (2)IFP |
amendment-and-tolling constitutional-rights due-process false-evidence finality-of-prior-conviction ineffective-assistance jurisdiction legal-facts-pleadings-circumstances prosecutorial-misconduct statute-of-limitations trial-counsel-ineffectiveness trial-jurisdiction |
Ineffective-assistance-of-counsel,due-process,statute-of-limitations,grand-jury,prosecutorial-misconduct,habitual-offender |
| 21-1411 |
James Milton Dailey v. Florida |
Florida |
2022-05-03 |
Denied |
Amici (2) |
brady-v-maryland capital-murder criminal-conviction due-process habeas-corpus judicial-review materiality materiality-standard perjured-testimony perjury prosecutorial-misconduct |
Whether the State's knowing use of perjury is relevant to determining whether the perjured testimony was material to the verdict |
| 21-7718 |
Mark A. Winger v. Illinois |
Illinois |
2022-04-27 |
Denied |
Response WaivedRelisted (2)IFP |
brady-violation constitutional-due-process due-process materiality materiality-standard perjury post-conviction-petition prosecutorial-misconduct united-states-v-agurs witness-perjury |
Whether a State prisoner's post-conviction petition claim of a Brady violation alleging perjury by a State's witness at trial, whose false testimony p… |
| 21-7720 |
Matthew William Wheeler, aka Matthew Williams v. United States |
Eleventh Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
conspiracy criminal-intent mail-fraud prosecutorial-misconduct scheme-to-deceive scheme-to-defraud wire-fraud |
Whether the Government Must Prove an Intent to Harm as an Element in Establishing a Defendant's Participation in a 'Scheme to Defraud' in Any Prosecut… |
| 21-7730 |
Justin L. Martin v. Mark Brnovich, Attorney General of Arizona, et al. |
Ninth Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights due-process false-testimony fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment strickland-standard |
Was Defense Counsel ineffective for failing to object to the states known use of false testimony in Petitioners trial, violating his Constitutional Du… |
| 21-7601 |
Eugene Kevin Pugh v. United States |
District of Columbia |
2022-04-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct |
Whether appellate court erred by concluding there was no error in denying appellant's motion to suppress on reversible error in overruling objections … |
| 21-7551 |
In Re Mark Jendrzejewski |
|
2022-04-05 |
Denied |
IFP |
brady-violation due-process evidence-withholding false-testimony fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment witness-testimony |
Due-process-violation-by-prosecutor |
| 21-7499 |
David Lopez Gonzales v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-03-30 |
Denied |
IFP |
brady-v-maryland cullen-v-pinholster due-process exculpatory-evidence federal-habeas fifth-amendment habeas-corpus impeachment-evidence napue-v-illinois prosecutorial-misconduct |
Does Cullen v Pinholster bar consideration of new evidence in federal habeas proceedings when the prosecutor presented false testimony to rebut the de… |
| 21-7426 |
Eric Jason Spears v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2022-03-22 |
Denied |
IFP |
8th-amendment constitutional-rights due-process evidence-standards ineffective-assistance-of-counsel judicial-discretion legal-procedure post-conviction procedural-fairness prosecutorial-misconduct standing |
Whether the petitioner's successive petition for post-conviction relief was unconstitutionally denied due to a malicious claim |
| 21-7413 |
Brian Folks v. United States |
Second Circuit |
2022-03-18 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence issue-preservation prosecutorial-misconduct witness-credibility |
whether-prosecutor-can-ask-defendant-to-opine-on-witness-credibility |
| 21-7385 |
Juan M. Alcaraz v. Brian Williams, Warden, et al. |
Ninth Circuit |
2022-03-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Did the Ninth Circuit err in finding that Mr. Alcaraz did not make a substantial showing of the denial of a constitutional right regarding trial couns… |
| 21-7371 |
Sherman Collins v. Alabama |
Alabama |
2022-03-15 |
Denied |
IFP |
capital-trial cause-challenge civil-rights due-process fourteenth-amendment juror-bias jury-selection prosecutorial-misconduct prosecutorial-relationship standing |
Does a trial court's erroneous failure to remove for cause jurors with personal and professional relationships with a prosecuting attorney violate the… |
| 21-7380 |
Frank Henderson Brown v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-03-15 |
Denied |
IFP |
appeal civil-rights closing-arguments due-process evidence-rules ineffective-assistance-of-counsel prosecutorial-misconduct standing trial-court-error |
Whether the trial court erred in allowing the prosecutor to argue facts not in evidence during closing arguments |
| 21-7362 |
Kyle Kurtz v. David W. Gray, Warden |
Sixth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
civil-rights due-process ex-post-facto free-speech habeas-corpus prosecutorial-misconduct reasonable-doubt rules-of-court self-defense |
Are the rules promulgated by the United States Supreme Court being enforced? |
| 21-7305 |
Steven Bryant v. Shawn Emmons, Warden |
Georgia |
2022-03-08 |
Denied |
Response WaivedIFP |
criminal-procedure false-testimony habeas-corpus ineffective-assistance plea-deal prosecutorial-misconduct strickland-standard strickland-v-washington witness-testimony |
Where the state's only eyewitness and linchpin of its case, the co-defendant, struck a deal whereby she would plead to a lesser offense and testify ag… |
| 21-7312 |
Daniel Viveiros v. Massachusetts |
Massachusetts |
2022-03-08 |
Denied |
Response WaivedIFP |
complaint-testimony due-process evidence evidence-admission expert-testimony prosecutorial-misconduct sexual-assault trial-error trial-procedure uncorroborated-allegations |
Whether the trial court erred in admitting evidence without expert medical testimony |
| 21-7317 |
Michael Cota v. John Malone, et al. |
Ninth Circuit |
2022-03-08 |
Denied |
IFP |
civil-rights criminal-procedure due-process immunity prosecutorial-misconduct standing |
Whether the petitioner's absolute immunity from criminal liability for acts taken in his official capacity as a state prosecutor violates due process |
| 21-7292 |
James E. Walker v. Illinois |
Illinois |
2022-03-07 |
Denied |
IFP |
civil-rights criminal-procedure discretionary-review due-process habeas-corpus ineffective-assistance-of-counsel intellectual-disability post-conviction post-conviction-relief prosecutorial-misconduct sentencing |
Was prosecutorial misconduct during the State's opening argument with the use of a witness testimony about the apartment being vacant and abandoned, w… |
| 21-1201 |
Michael D. Smith v. United States |
Sixth Circuit |
2022-03-02 |
Denied |
Response Waived |
civil-rights criminal-procedure due-process grand-jury judicial-misconduct jurisdiction prosecutorial-misconduct |
Will the Eastern District of Kentucky be allowed to ignore our federal laws,Constitution and Bill of Rights and have a 5 week, mock trial on innocent … |
| 21-1202 |
Michael D. Smith v. Frances Catron Cadle, et al. |
Sixth Circuit |
2022-03-02 |
Denied |
Response Waived |
abuse-of-power civil-rights constitutional-rights cover-up criminal-procedure due-process federal-jurisdiction government-liability judicial-misconduct prosecutorial-misconduct |
Will the government officials be allowed to violate federal-laws,constitution-and-bill-of-rights,prosecutorial-misconduct,judicial-misconduct,no-juris… |
| 21-7249 |
Jacob Ivan Hill v. United States |
Fourth Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
capital-punishment civil-rights due-process effective-assistance-of-counsel ineffective-assistance mitigating-evidence prosecutorial-misconduct right-to-counsel self-defense sentencing-phase sixth-amendment |
Whether the failure of Tezai Covnser's to Jueoerm fys Cizenr Juwr He feces fh 'Menanrony' Lee Seusence Le He Cnwases To bo to Tarn) & hse, Nor fi elro… |
| 21-7255 |
James Robert Hope v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence jurisdiction jury-instructions mistrial prejudice prosecutorial-misconduct standing |
Whether the lower courts erred in finding that Mr. Hope was not prejudiced by mistrial counters due to his failure to object to the trial court's lack… |
| 21-7260 |
George K. Mackie v. Massachusetts |
Massachusetts |
2022-03-02 |
Denied |
Response WaivedIFP |
closing-argument criminal-procedure impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions miscarriage-of-justice prosecutorial-misconduct reasonable-doubt |
Did the appeals court err in holding that the error-laden closing argument by the prosecutor, taken in its totality, create a substantial risk of a mi… |
| 21-7224 |
Johnathan I. Alcegaire v. Florida |
Florida |
2022-02-28 |
Denied |
IFP |
capital-case capital-punishment due-process false-evidence false-testimony giglio giglio-claim jury-instructions jury-prejudice prosecutorial-misconduct |
Whether the Florida Supreme Court ignored fundamental principles of due process in rejecting the petitioner's Giglio claim and whether there is a reas… |
| 21-7202 |
In Re Mohammed Kwaning |
|
2022-02-24 |
Denied |
IFP |
civil-rights constitutional-rights district-court-jurisdiction due-process federal-procedure grand-jury habeas-corpus prosecutorial-misconduct unlawful-imprisonment |
Whether petitioner is entitled to immediate discharge where the United States District Court tried and imprisoned petitioner for infamous crimes witho… |
| 21-7126 |
Quincy Deshan Butler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-02-15 |
Denied |
Relisted (2)IFP |
aggravated-offense constitutional-rights criminal-sentencing due-process ineffective-assistance-of-counsel jury-instructions plain-error-review procedural-due-process prosecutorial-misconduct sentencing-enhancement texas-law |
Whether Cortificate of APPEALABILETY SHOULD HAVE BREA GeenTen? |
| 21-7048 |
Christopher Gerken v. Illinois |
Illinois |
2022-02-03 |
Denied |
IFP |
constitutional-rights courtroom-procedure due-process emotional-display fair-trial free-press motion-in-limine prejudicial-evidence prosecutorial-misconduct witness-testimony |
Was Christopher Gecen's constitutional right to a fair trial violated when a pre-read newspaper article containing information barred from trial had a… |
| 21-7025 |
Derrick Garrell Samuels v. United States |
Sixth Circuit |
2022-02-01 |
Denied |
Response WaivedIFP |
confrontation-rights due-process equal-protection expert-testimony fair-trial fifth-amendment jury-composition jury-selection prosecutorial-misconduct racial-discrimination sixth-amendment |
Whether Samuel's Fifth Amendment rights were violated when he was forced to proceed to trial as the only black person in the courtroom |
| 21-7040 |
Harshadkumar Nanjibhai Jadav v. J. Woodson, Warden |
Virginia |
2022-02-01 |
Denied |
IFP |
closing-argument constitutional-rights due-process fair-trial false-evidence prosecutorial-misconduct trial-procedure |
Does the prosecutor's deliberate use of known false evidence during closing argument violate the accused's Constitutional rights? |
| 21-6989 |
Jason Wayne Oien v. Chad Pringle, Warden |
Eighth Circuit |
2022-01-31 |
Denied |
IFP |
certiorari civil-rights constitutional-interpretation criminal-procedure due-process judicial-review lower-court-decision post-conviction-relief procedural-error prosecutorial-misconduct sentencing supreme-court-review |
Whether the petitioner's conviction was supported by sufficient evidence under the standard set forth in Jackson v. Virginia |
| 21-6999 |
Sharoc Richardson v. Sherman Campbell, Warden |
Sixth Circuit |
2022-01-31 |
Denied |
Response WaivedIFP |
criminal-procedure defense-witnesses due-process ineffective-assistance-of-counsel jury-instruction jury-instructions prosecutorial-misconduct right-to-a-fair-trial trial-court-error witness-cross-examination |
Did the trial court err in failing to instruct the jury on involuntary manslaughter? |
| 21-7009 |
Cristian M. Loga-Negru v. Wisconsin |
Wisconsin |
2022-01-31 |
Denied |
Response WaivedRelisted (2)IFP |
brady-violation constitutional-rights criminal-procedure deportation due-process exculpatory-evidence plea-bargaining prosecutorial-misconduct vindictiveness |
Whether a defendant who demonstrates that a prosecutor willfully injected into a plea colloquy a more serious and concealed criminal charge based on t… |
| 21-6973 |
Larry Lee Jacks v. Warden Lynch |
Ninth Circuit |
2022-01-26 |
Denied |
Relisted (2)IFP |
brady-v-maryland case-procedure civil-rights constitutional-provision due-process exculpatory-evidence judicial-review legal-jurisdiction new-trial prosecutorial-misconduct statutory-interpretation |
Whether the Eleventh Circuit erred in affirming the district court's denial of petitioner's motion for a new trial based on the government's failure t… |
| 21-1026 |
Camille A. Walters v. Wisconsin Office of Lawyer Regulation, et al. |
Wisconsin |
2022-01-21 |
Denied |
Response Waived |
civil-procedure civil-rights due-process evidence-tampering judicial-ethics procedural-irregularity prosecutor-misconduct prosecutorial-misconduct recusal recusal-requirement standing |
Was it illegal that the Wisconsin Supreme Court disregarded their own rules of internal operating procedures |
| 21-6909 |
Mark Allen Geralds v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-01-20 |
Denied |
IFP |
brady brady-materiality cumulative-analysis due-process giglio-violation materiality prejudice prosecutorial-misconduct strickland strickland-prejudice trial-confidence |
Whether the materiality inquiry for Brady and the prejudice analysis for Strickland require a cumulative analysis in determining whether confidence is… |
| 21-993 |
Willard Anthony v. Louisiana |
Louisiana |
2022-01-12 |
Denied |
Response RequestedResponse WaivedRelisted (10) |
confrontation-clause confrontation-right due-process fair-trial harmless-error presumption-of-innocence prosecutorial-misconduct prosecutorial-testimony structural-error witness-credibility |
Whether the presumption of innocence, the right to confrontation, and the right to a fair trial permit a court to allow the grand jury prosecutor to t… |
| 21-6801 |
In re Johnny McMahon |
|
2022-01-10 |
Denied |
IFP |
constitutional-rights due-process equal-protection evidentiary-hearing extrinsic-fraud fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-fair-trial |
Whether the Ninth Circuit erred in denying a second or successive petition on the petitioner's claims of due-process, equal-protection, ineffective-as… |
| 21-6804 |
Timothy Wayne Kemp v. Arkansas |
Arkansas |
2022-01-10 |
Denied |
IFP |
brady-v-maryland brady-violation cone-v-bell criminal-procedure due-process materiality materiality-standard prejudice prosecutorial-misconduct supreme-court-precedent |
Whether the October 7, 2021 decision of the Arkansas Supreme Court, finding that Timothy Kemp was not prejudiced under Brady v. Maryland, was in confl… |
| 21-6759 |
Darla Ray Jones v. D. K. Johnson, Warden |
Ninth Circuit |
2022-01-05 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-defendant criminal-threats drug-possession due-process effective-assistance-of-counsel forgery habeas-corpus prosecution prosecutorial-misconduct |
Is a criminal defendant deprived of the effective assistance of counsel due to her lawyer's conflict of interest? |
| 21-6674 |
Paul David Storey v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-12-21 |
Denied |
Relisted (2)IFP |
due-process first-federal-habeas habeas-corpus panetti prosecutorial-concealment prosecutorial-misconduct second-federal-habeas |
Does 28 U.S.C. §2244 bar claims of prosecutorial-misconduct,habeas-corpus,due-process,prosecutorial-concealment,first-federal-habeas,second-federal-ha… |
| 21-6685 |
Christopher Dominguez v. United States |
Tenth Circuit |
2021-12-21 |
Denied |
IFP |
criminal-procedure due-process ineffective-assistance-of-counsel informed-consent mandatory-minimum plea-agreement plea-bargaining prosecutorial-misconduct right-to-trial sentencing sentencing-guidelines |
Whether Mr. Dominguez's decision to plead guilty was knowingly and intelligently made when he was grossly misinformed about the risks attendant to goi… |
| 21-6672 |
Trevor Jim Bishop v. California |
California |
2021-12-20 |
Denied |
IFP |
due-process evidence-code-section-1109 federal-rule-of-evidence-404(b) hearsay hearsay-evidence ineffective-assistance other-acts-evidence procedural-error prosecutorial-misconduct trial-counsel |
Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proced… |
| 21-6644 |
Ashot Minasyan v. United States |
Ninth Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea |
Whether Minasyan's waiver of appeal is unenforceable |
| 21-6593 |
Murray Hooper v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2021-12-15 |
Denied |
IFP |
28-usc-2254 clearly-established clearly-established-law evidence-suppression federal-law greene-v-fisher habeas-corpus prosecutorial-misconduct state-court supreme-court-review united-states-v-bagley witness-testimony |
Whether the state court decision by which 'clearly established federal law' is measured is rendered when the state court issues its mandate |
| 21-6620 |
Tormu Prall v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2021-12-15 |
Denied |
Response WaivedIFP |
chain-of-custody criminal-procedure due-process evidence evidence-tampering fundamental-fairness prosecutorial-misconduct witness-testimony |
Whether the steps the petitioner proposed for regaining access to those letters are a 'watershed rule implicating the fundamental fairness and accurac… |
| 21-6604 |
Andre Bowers v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2021-12-14 |
Denied |
Response WaivedIFP |
brady-violations constitutional-rights criminal-justice due-process faulty-investigative-practices first-amendment ineffective-assistance-of-counsel investigative-misconduct prosecutorial-misconduct systemic-racism wrongful-conviction wrongful-convictions |
wrongful-convictions,prosecutorial-misconduct,ineffective-assistance-of-counsel,faulty-investigative-practices,brady-violations,first-amendment,fourte… |
| 21-6519 |
Jesse Driskill v. Missouri |
Missouri |
2021-12-06 |
Denied |
IFP |
brady-violation brady-violations constitutional-claims constitutional-review due-process evidence-destruction factual-findings independent-review prosecutorial-misconduct state-misconduct witness-testimony |
Whether Missouri's verbatim adoption of the prosecution's factually deficient findings without independent review fails to provide adequate due proces… |
| 21-6475 |
Mark Hollingsworth v. Maryland |
Maryland |
2021-12-03 |
Denied |
IFP |
brady-violation closing-argument criminal-procedure due-process false-testimony jury-argument napue-v-illinois napue-violation prosecutorial-misconduct right-to-fair-trial |
Did the Maryland State Courts err in finding that the Prosecutor did not violate Napue v. Illinois, 360 U.S. 264 (1959) when the Prosecutor argued to … |
| 21-6493 |
Jarrett Alvin Kinley v. Pennsylvania |
Pennsylvania |
2021-12-02 |
Denied |
IFP |
criminal-procedure due-process false-evidence false-testimony napue-v-illinois napue-violation polygraph polygraph-testimony prosecutorial-misconduct witness-credibility |
Did the Pennsylvania Superior Court's holding conflict with Napue v. Illinois, 360 U.S. 264 (1959) |
| 21-6469 |
Glen Campbell v. J. LaManna |
Second Circuit |
2021-12-01 |
Denied |
IFP |
cause-and-prejudice constitutional-claims counsel-ineffectiveness criminal-procedure evidentiary-hearing prosecutorial-misconduct sixth-amendment |
Whether the District Court overlooked Constitutional Claims and Cause and Prejudice |
| 21-6472 |
Anthony Mungin v. Florida |
Florida |
2021-12-01 |
Denied |
IFP |
brady-v-maryland brady-violation constitutional-claim due-process exculpatory-evidence postconviction-motion postconviction-relief prosecutorial-misconduct |
Can Florida, consistent with Due Process and Brady v. Maryland, condone the prosecution's withholding of material exculpatory evidence beyond the time… |
| 21-6411 |
Harley David Sharp v. Barry Goodrich, Warden, et al. |
Tenth Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
brady-violation due-process exculpatory-evidence federal-review pro-se-litigation prosecutorial-misconduct standing |
Is a Brady Violation claim procedurally barred from Federal review? |
| 21-6424 |
Elijah Dwayne Joubert v. Texas |
Texas |
2021-11-24 |
Denied |
IFP |
due-process false-testimony fourteenth-amendment napue-v-illinois prosecutorial-misconduct reasonable-likelihood |
Does the Due Process Clause of the Fourteenth Amendment permit a prosecutor's knowing use of false testimony unless the defendant proves by a preponde… |
| 21-6341 |
Donald D. Foltz, Jr. v. Wyoming Department of Corrections, et al. |
Tenth Circuit |
2021-11-19 |
Denied |
Response WaivedIFP |
due-process equal-protection fourteenth-amendment implied-bias jury-bias jury-selection prosecutorial-misconduct reasonable-doubt sixth-amendment |
Was the seating of juror who should have been dismissed for cause requires reversal because implied biased applies to Juror foreman, 1301, married to … |
| 21-6326 |
Farand Skinner v. Kentucky |
Kentucky |
2021-11-18 |
Denied |
IFP |
brady-v-maryland brady-violation constitutional-rights due-process exculpatory-evidence fifth-amendment napue-v-illinois prosecutorial-misconduct supreme-court-review |
Did the Kentucky Supreme Court violate Mr. Skinner's rights under the Fifth Amendment to the United States Constitution and issue a decision contrary … |
| 21-6307 |
Donald James Smith v. Florida |
Florida |
2021-11-17 |
Denied |
IFP |
capital-case capital-punishment criminal-procedure due-process eighth-amendment fair-trial penalty-phase prosecutorial-misconduct sixth-amendment victim-impact |
Was petitioner's right to a fair 'penalty phase' trial violated when the prosecutor told the jurors, during closing arguments in the guilt phase, that… |
| 21-6222 |
Marc E. Bercoon v. United States |
Eleventh Circuit |
2021-11-09 |
Denied |
IFP |
bank-of-nova-scotia-v-us chapman-v-california constitutional-rights due-process fifth-amendment grand-jury harmless-error judicial-review prosecutorial-misconduct |
Whether Feritiener's rights were violated |
| 21-687 |
John Donnelly Sweeney, et al. v. San Francisco Bay Conservation and Development Commission, et al. |
California |
2021-11-09 |
Denied |
Response Waived |
administrative-hearing agency-enforcement defendant-rights due-process enforcement-order fair-trial procedural-fairness prosecutorial-misconduct time-limit time-limitation |
Does an administrative hearing on an enforcement order comply with due process when the board limits the defendant's time to try his case to as little… |
| 21-6164 |
Julia Lagunas-Hernandez v. United States |
Eighth Circuit |
2021-11-04 |
Denied |
Response WaivedIFP |
burden-of-proof cell-phone-search constitutional-rights defense-counsel fair-trial jury marital-communication marital-communications prosecutorial-misconduct trial-strategy |
Whether the United States committed prosecutorial misconduct, depriving Petitioner of a fair trial |
| 21-6149 |
Domingo Palma v. Massachusetts |
Massachusetts |
2021-11-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment mistrial prosecutorial-misconduct sixth-amendment |
Are the Sixth and Fourteenth Amendments violated by a trial court's refusal to grant a mistrial where a prosecution witness injects groundless, irrele… |
| 21-6110 |
Richard L. Starghill, II v. United States |
Sixth Circuit |
2021-10-28 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process jury-misconduct prosecutorial-misconduct retrial trial-integrity |
Do multiple mistrials, necessitated by jury misconduct, create a Double Jeopardy bar, preventing a retrial of a criminal defendant? |
| 21-623 |
Anthony Penton v. A. Malfi, Warden |
Ninth Circuit |
2021-10-28 |
Denied |
Amici (1)Response Waived |
brady-evidence brady-v-maryland criminal-procedure due-process fifth-amendment prior-convictions prosecutorial-misconduct sentencing-enhancement sixth-amendment suppressed-evidence |
Whether evidence covered by Brady v. Maryland is considered suppressed under the Fifth Amendment regardless of the defendant's knowledge |
| 21-6061 |
John Rodney Johnson v. Donnie Ames, Superintendent, Mount Olive Correctional Complex |
Fourth Circuit |
2021-10-22 |
Denied |
IFP |
due-process equal-protection fourteenth-amendment impartial-jury prosecutorial-misconduct racial-bias sixth-amendment |
Does a Prosecutor's conduct to interject race comments into a State trial as an appeal to a racial prejudice based on the fact the trial having the in… |
| 21-6041 |
Eric Benson Skeens v. Indiana |
Indiana |
2021-10-21 |
Denied |
Response WaivedIFP |
civil-rights criminal-misconduct due-process evidence-suppression fair-trial judicial-bias prosecutorial-misconduct state-court-procedure witness-testimony |
Whether the state courts erred when they allowed the state and its agents to tamper with, suppress, and withhold evidence favorable to the petitioner,… |
| 21-6012 |
Michael Rimmer v. Tennessee |
Tennessee |
2021-10-20 |
Denied |
IFP |
capital-trial confrontation-clause criminal-procedure double-jeopardy due-process fundamental-fairness prosecutorial-misconduct trial-fairness witness-unavailability |
whether-the-courts-below-erred-by-upholding-the-trial-court's-determination-that-the-only-witness-to-petitioner's-purported-jailhouse-confession-was-u… |
| 21-5997 |
Jeremiah Ybarra v. United States |
Fifth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
criminal-procedure drug-statute due-process effective-counsel fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct sixth-amendment |
Whether appellant was denied his Fifth Amendment right to a grand jury presentment or indictment |
| 21-6017 |
Charles Louis v. Walter Berry, Warden |
Eleventh Circuit |
2021-10-19 |
Rehearing |
Response WaivedRelisted (2)IFP |
actual-innocence appellate-review brady-violations constitutional-rights due-process ineffective-assistance-of-counsel ineffective-counsel judicial-procedure prosecutorial-misconduct state-habeas |
Questions presented |
| 21-5971 |
Adrian Torres v. Warren Montgomery, Warden |
Ninth Circuit |
2021-10-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-trial cumulative-error doyle-error due-process evidence-exclusion ineffective-assistance prosecutorial-misconduct ptsd right-to-present-defense |
Whether trial counsel rendered ineffective assistance by failing to investigate and present a PTSD expert; whether the prosecutor committed misconduct… |
| 21-5925 |
Denworth Davidson v. Thomas Griffin, Superintendent, Green Haven Correctional Facility, et al. |
Second Circuit |
2021-10-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct sixth-amendment |
Whether Petitioner has shown a constitutional violation |
| 21-5897 |
Shahram Shakouri v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-10-06 |
Denied |
Response WaivedRelisted (2)IFP |
brady-violation constitutional-rights due-process false-testimony federal-habeas habeas-corpus prosecutorial-misconduct right-to-present-defense state-law state-law-interpretation |
whether-unknowing-use-of-false-testimony-violates-due-process |
| 21-5894 |
Jeffrey Richard Martinson v. Arizona |
Arizona |
2021-10-05 |
Denied |
Response WaivedIFP |
acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy-doctrine fifth-amendment new-trial prosecutorial-misconduct trial-court-dismissal |
Whether the Double Jeopardy Clause bars retrial where the trial court dismissed the case with prejudice for bad faith prosecutorial misconduct after g… |
| 21-5904 |
Joseph Woods v. Donita McIntosh, Superintendent, Clinton Correctional Facility |
Second Circuit |
2021-10-05 |
Denied |
Response WaivedIFP |
civil-procedure due-process fourth-amendment habeas-corpus ineffective-assistance prosecutorial-misconduct search-and-seizure standing |
Can a court render a decision without first deciding on a question of law or fact requested by the petitioner? |
| 21-5862 |
Micah Lamb v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-10-04 |
Rehearing |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights due-process fair-trial fraud-on-the-court government-corruption ineffective-assistance judicial-misconduct post-conviction-relief prosecutorial-misconduct standing |
Whether the U.S. District Judge Timothy J. Corrigan and the 11th Circuit Court of Appeals erred in denying petitioner's claims of 'fraud on the court'… |
| 21-440 |
Miguel Angel Santana v. Maryland |
Maryland |
2021-09-22 |
Denied |
Amici (3)Response Waived |
constitutional-integrity constitutional-rights criminal-procedure due-process false-testimony government-misconduct immunity-agreements prosecutorial-misconduct witness-immunity |
Whether a government witness's uncorrected false testimony about immunity agreements violates due-process when the government informs defense-counsel … |
| 21-431 |
Grant Lloyd Greenwood v. Minnesota |
Minnesota |
2021-09-21 |
Denied |
Response Waived |
due-process effective-assistance-of-counsel fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment |
Whether a defendant's Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Amendment right to due process, are violated |
| 21-5719 |
Edward Zinner v. United States |
Third Circuit |
2021-09-20 |
Denied |
Response WaivedRelisted (2)IFP |
aedpa conflict-of-interest constitutional-rights criminal-procedure due-process fraud-on-the-court government-failure-to-admit-or-deny habeas-corpus hazel-atlas prosecutorial-misconduct |
when-prosecutors-conspire-with-known-conflicted-defense-counsel |
| 21-5699 |
Al-Kareem Rasool-Rachmaan Collier v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-17 |
Denied |
IFP |
actual-innocence civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-procedure prosecutorial-misconduct statutory-interpretation supreme-court |
Whether the petitioner's constitutional rights were violated during the criminal proceedings against him |
| 21-5660 |
Kevin McBride v. Florida |
Florida |
2021-09-14 |
Denied |
Response WaivedIFP |
civil-rights due-process evidence-suppression false-conviction police-misconduct presumption-of-innocence prosecutorial-misconduct suppression-of-evidence wrongful-conviction |
When fraudulent police reports deceive the lower court into a false conviction, shouldn't the fraud precede the false conviction and be overturned imm… |
| 21-397 |
Juan Joe Cano v. Texas |
Texas |
2021-09-13 |
Denied |
Response Waived |
contamination-of-accusations due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel prior-inconsistent-statements procedural-due-process prosecutorial-misconduct sexual-abuse suggestive-questioning witness-impeachment |
Was petitioner denied the effective assistance of counsel? |
| 21-5655 |
Timothy Dean Leners v. Wyoming |
Wyoming |
2021-09-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery due-process effective-counsel ineffective-assistance pro-se-representation prosecutorial-misconduct right-to-appeal sixth-amendment |
Was Defendant's 6th Amend. right to Effective Counsel violated? |
| 21-5646 |
Peter Klah v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2021-09-10 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights digital-contacts due-process ineffective-counsel jurisdiction-analysis online-interactions personal-jurisdiction prosecutorial-misconduct right-to-counsel standing |
Whether the trial court erred in denying the motion to suppress evidence |
| 21-5648 |
O. B. Davis, Jr. v. Johnny Sumlin, Warden |
Fifth Circuit |
2021-09-10 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel nolo-contendere prosecutorial-misconduct supreme-court-review witness-testimony |
Whether the Court's adjudication of this case ensue from a decision that was to, or involve an unreasonable application of, clearly established law as… |
| 21-367 |
Paula Jones v. United States |
Fifth Circuit |
2021-09-08 |
Denied |
Response Waived |
criminal-intent due-process expert-testimony fifth-circuit medicare-fraud medicare-rules prosecutorial-misconduct sufficiency-of-evidence |
Questions Presented |
| 21-349 |
Kent Eric LeBere v. Travis Trani, Warden, et al. |
Tenth Circuit |
2021-09-03 |
Denied |
Response Waived |
brady-claim brady-violation certificate-of-appealability criminal-conviction due-process false-testimony habeas-corpus perjury prosecutorial-misconduct wrongful-conviction |
Whether the lower courts should fully decide whether the state knew or should have known that the testimony about Mr. LeBere's 'confession' was false |
| 21-5568 |
Carl Anthony Wilson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-03 |
Denied |
Relisted (2)IFP |
blood-evidence blood-search constitutional-rights criminal-procedure due-process exculpatory-evidence fourth-amendment jury-selection prosecutorial-misconduct retroactivity |
Was evidence favorable to the defendant excluded? |
| 21-5576 |
Victor Shawn Brown v. Debbie Asuncion, Warden |
Ninth Circuit |
2021-09-03 |
Denied |
Response WaivedIFP |
compulsory-process confrontation-clause due-process fair-trial prosecutorial-misconduct witness-credibility |
Whether prosecutors can attack the credibility of the petitioner's witnesses by calling them 'liars' when the state's own witnesses lack credibility |
| 21-5578 |
Guy Don Minze v. Texas |
Texas |
2021-09-03 |
Denied |
IFP |
court-of-appeals criminal-procedure due-process evidentiary-facts jurisdiction notice penal-code prosecutorial-misconduct prosecutorial-vindictiveness standard-of-review sufficiency-of-evidence tex-r-app-p |
Did the Court of Appeals err in failing to base its Opinion on the evidentiary and adjudicated facts in the record |
| 21-5556 |
Bret Davis v. Illinois |
Illinois |
2021-09-01 |
Denied |
IFP |
constitutional-rights due-process fair-trial fifth-amendment fourteenth-amendment jury-bias media-influence prosecutorial-misconduct sixth-amendment unbiased-jury |
Were my Fifth, Sixth and Fourteenth Amendment rights to a fair trial by an unbiased jury and due process of the law violated? |
| 21-5537 |
John Creech v. United States |
Sixth Circuit |
2021-08-31 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland conviction criminal-procedure defense-strategy disclosure due-process evidence-disclosure litigation-strategy materiality prosecutorial-misconduct sixth-circuit |
Is evidence material for purposes of Brady v. Maryland, 373 U.S. 83 (1963), if its disclosure would affect defense litigation strategy? |
| 21-5515 |
Kenneth Hairston v. Pennsylvania |
Pennsylvania |
2021-08-30 |
Denied |
IFP |
aggravating-factor criminal-procedure death-penalty felony-convictions ineffective-assistance prosecutorial-misconduct victim-impact victim-impact-testimony |
Did trial counsel provide ineffective assistance by failing to object to the prosecutor's improper argument regarding victim impact testimony used to … |
| 21-5517 |
Lonzie Wayne McQuirter v. Michigan |
Michigan |
2021-08-30 |
Dismissed |
IFP |
44th-amendment constitutional-violation due-process evidence-preservation fair-trial fourteenth-amendment innocence miscarriage-of-justice new-evidence prosecutorial-misconduct sixth-amendment |
whether-petitioner's-claims-should-be-heard-on-the-merits |
| 21-282 |
Brian Russell Turner v. Mississippi |
Mississippi |
2021-08-25 |
Denied |
Response Waived |
arizona-v-youngblood body-camera-footage brady-v-maryland brady-violation due-process evidence-suppression exculpatory-evidence law-enforcement prosecutorial-misconduct youngblood-standard |
Whether the Supreme Court of Mississippi Erred in Denying Petitioner's Claim that the Prosecution Withheld Exculpatory Evidence Pursuant to Brady v. M… |
| 21-5450 |
Richard K. Cook v. Todd Wasmer, Warden, et al. |
Eighth Circuit |
2021-08-23 |
Denied |
Response WaivedRelisted (2)IFP |
accomplice-instruction amendment-violation constitutional-rights dna-evidence due-process evidence-planting ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct structural-error |
Did the lower courts commit reversible error by refusing to order an evidentiary hearing surrounding a pattern of misconduct and evidence planting by … |
| 21-238 |
Keith Foster v. United States |
Ninth Circuit |
2021-08-18 |
Denied |
Response Waived |
appellate-review certificate-of-appealability circuit-court due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct judicial-precedent judicial-procedure legal-conflict prosecutorial-misconduct |
how-can-panels-of-ninth-circuit-court-of-appeals-affirm-decisions-as-matters-of-law-that-are-in-direct-conflict-with-previously-established-binding-pr… |
| 21-5370 |
Martha Aguirre v. United States |
Second Circuit |
2021-08-16 |
Denied |
Response WaivedIFP |
due-process government-misconduct grand-jury material-misrepresentation material-testimony narcotics-conspiracy perjury prosecutorial-misconduct witness-testimony |
Whether the Due Process Clause is violated when the only witness for the Government linking the appellant to a narcotics conspiracy commits perjury in… |
| 21-5378 |
Anthony Kirkland v. Ohio |
Ohio |
2021-08-16 |
Denied |
IFP |
appellate-counsel appellate-procedure capital-punishment constitutional-rights due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Is a capital sentence invalid when the prosecutor leads the jury to believe the judge has already decided the defendant should be sentenced to death? |
| 21-5349 |
Chris Allen Miller v. Jason R. Ravnsborg, Attorney General of South Dakota, et al. |
Eighth Circuit |
2021-08-13 |
Denied |
IFP |
civil-rights criminal-procedure double-jeopardy due-process jury-trial prosecutorial-misconduct |
Whether the state court erred in denying the petitioner's due-process, civil-rights, criminal-procedure, jury-trial, double-jeopardy, prosecutorial-mi… |
| 21-5338 |
Michael Vincent Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-08-10 |
Denied |
IFP |
constitutional-rights dna-evidence due-process evidence-admissibility fifth-amendment fourteenth-amendment fourth-amendment mistrial probable-cause prosecutorial-misconduct trial-procedure |
Whether the prosecutor's submission of an affidavit for probable cause listing a tan animal hair found in a wicker trunk, when the DNA report received… |
| 21-5311 |
Thomas Morgan Soper, II v. Idaho |
Idaho |
2021-08-06 |
Denied |
IFP |
brady-violation constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-discretion prosecutorial-misconduct sentencing separation-of-powers statutory-interpretation |
Does a District Court Judge have the power and/or right to ignore an order of suspension of all persistent felony enhancements? |
| 21-5315 |
Rafael Arturo Coto Chinchilla v. Louisiana |
Louisiana |
2021-08-06 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process evidence-sufficiency jury-instructions prosecutorial-misconduct sufficiency-of-evidence trial-error |
Was the evidence sufficient to support the guilty verdict? |
| 21-160 |
Justin M. Corliss v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2021-08-04 |
Denied |
|
certificate-of-appealability certificates-of-appealability ex-post-facto false-testimony habeas jury-instruction prosecutorial-misconduct state-court time-barred-charges |
Whether the applications for certificates of appealability were improperly denied |
| 21-151 |
Feanyichi Ezekwesi Uvukansi v. Texas |
Texas |
2021-08-03 |
Denied |
Response RequestedRelisted (16) |
brady-violation burden-of-proof due-process eyewitness-identification false-testimony habeas-corpus materiality materiality-standard prosecutorial-misconduct |
Whether the state courts disregarded Supreme Court precedent by requiring the petitioner to prove by a preponderance of the evidence that the prosecut… |
| 21-5285 |
In Re Ivar Voits |
|
2021-08-03 |
Denied |
Relisted (2)IFP |
actual-innocence brady-violations constitutional-claim due-process exceptional-circumstances habeas-corpus judicial-discretion prosecutorial-misconduct |
Does it appear that Petitioner Mr. Voits lacked an 'adequate and effective' opportunity to test the validity of his constitutionally substantial actua… |
| 21-5273 |
Jerry L. Wheeler v. Randall Hepp, Warden |
Seventh Circuit |
2021-08-02 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure defense-strategy due-process fair-trial prosecutorial-misconduct right-to-counsel right-to-notice trial-counsel witness-testimony |
Ineffective-assistance-of-counsel |
| 21-5245 |
Jamie Patrick Hahn v. Georgia |
Georgia |
2021-07-29 |
Denied |
Relisted (2)IFP |
case-record constitutional-rights court-precedent criminal-procedure due-process equal-protection judicial-review legal-denial procedural-challenge prosecutorial-misconduct vindictive-prosecution |
Will this Court review the fact of the Respondent's vindictive prosecution? |
| 21-5256 |
In Re Isaiah S. Harris, Sr. |
|
2021-07-29 |
Denied |
Relisted (2)IFP |
actual-innocence brady brady-disclosure circuit-split due-process impeachment-evidence newly-discovered-evidence newly-presented-evidence prosecutorial-misconduct |
whether-the-prosecutor's-obligation-under-brady-to-turn-over-evidence-stands-independent-of-the-defendant's-knowledge |
| 21-5217 |
Jeffrey Keller v. Illinois |
Illinois |
2021-07-26 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process eavesdropping eavesdropping-law miranda-rights prosecutorial-misconduct warrantless-arrest |
Whether the Illinois Courts incorrectly found that petitioner's rights were not violated |
| 21-5183 |
Robert McMillian v. United States |
District of Columbia |
2021-07-22 |
Denied |
Response WaivedIFP |
brady-evidence california criminal-procedure district-of-columbia due-process evidence-suppression judicial-conflict prosecutorial-misconduct supreme-court |
Whether the opinion of the District of Columbia Court of Appeals concerning the withholding of material Brady evidence is inconsistent with opinions f… |
| 21-5135 |
Michael Ray Orr v. Texas |
Texas |
2021-07-19 |
Denied |
Response WaivedIFP |
closing-argument criminal-procedure defendant-rights demeanor fifth-amendment prosecutorial-misconduct self-incrimination trial-procedure |
Did the trial court err by denying Mr. Orr's objection to improper closing argument by the prosecutor? |
| 21-5118 |
Michael D. Dyers v. Georgia |
Georgia |
2021-07-15 |
Denied |
IFP |
constitutional-rights conviction-court-dismissal due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement prosecutorial-misconduct right-to-appeal transcript-evidence |
Whether the conviction court erred in dismissing the defendant's motion for out-of-time appeal based on no evidence showing the defendant lacked the r… |
| 21-5074 |
Samuel Ridder v. Tim Shoop, Warden |
Sixth Circuit |
2021-07-12 |
Denied |
Response WaivedIFP |
alleged-bias appellate-procedure certificate-of-appealability forfeiture ineffective-assistance ineffective-assistance-of-counsel judicial-bias merits-brief prosecutorial-misconduct sixth-circuit |
Did the Sixth Circuit misconstrue the Certificate of Appealability as a merits brief? |
| 21-5070 |
Calvin Bernhardt v. United States |
Eighth Circuit |
2021-07-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion certificate-of-appealability district-court-error eighth-circuit ineffective-assistance motion-to-vacate prima-facie prosecutorial-misconduct |
Whether the Eight Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in denying… |
| 21-20 |
Jack Albert Chappell v. United States |
Eighth Circuit |
2021-07-08 |
Denied |
Response Waived |
brady-violation criminal-procedure due-process evidence-disclosure evidence-handling fair-trial government-witness prosecutorial-misconduct witness-testimony |
Whether prosecutorial misconduct and mishandling of evidence constitutes a Brady violation when the government failed to disclose critical information… |
| 21-5037 |
Derrick Vaughn v. United States |
Seventh Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial in-court-identification prosecutorial-misconduct right-to-counsel sixth-amendment |
Whether improper in-court identifications performed at the behest of the prosecution deprived Petitioner Derrick Vaughn of his right to a fair trial |
| 21-5048 |
Wesley Lynn Ruiz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-08 |
Denied |
IFP |
capital-punishment capital-sentencing certificate-of-appealability due-process eighth-amendment expert-testimony expert-witness false-testimony prosecutorial-misconduct |
Should the prosecution be held responsible for presenting false expert testimony at a capital sentencing trial? |
| 21-5054 |
Kevin Antonio Watson v. Virginia |
Virginia |
2021-07-08 |
Denied |
IFP |
appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus ninth-circuit prosecutorial-misconduct reasonable-doubt sufficiency-of-evidence |
Whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the Commonwealth of Vir… |
| 20-1825 |
Jeffrey McClatchy v. Texas |
Texas |
2021-07-01 |
Denied |
|
brady-disclosure brady-v-maryland criminal-procedure due-process exculpatory-evidence guilty-plea plea-bargaining prosecutorial-misconduct united-states-v-ruiz |
Whether due process entitles a defendant to exculpatory information pre-plea |
| 20-1819 |
Lawrence B. Hughes v. Georgia |
Georgia |
2021-06-30 |
Denied |
|
14th-amendment criminal-procedure due-process indictment indictment-clarity jury-charge jury-instructions prosecutorial-misconduct self-defense standard-of-review |
Is it a requirement for an indictment to be clear and precise? |
| 20-8430 |
Samuel Gayden v. Illinois |
Illinois |
2021-06-24 |
Denied |
IFP |
chain-of-custody criminal-procedure dna-evidence evidence-admissibility fair-trial ineffective-assistance jury-instructions lay-opinion prosecutorial-misconduct trial-procedure witness-identification |
Whether the State misused DNA evidence to link Petitioner to the weapon used in the offense, and to alleged threatening letters sent from the Cook Cou… |
| 20-8353 |
Russell Armfield v. Sonja Nicklaus, Warden |
Seventh Circuit |
2021-06-21 |
Denied |
IFP |
bruton-rule bruton-violation civil-rights constitutional-error criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions jury-prejudice prosecutorial-misconduct strickland-claim |
Whether the lack of established federal law or precedent should preclude relief for a defendant when there is no clear constitutional violation |
| 20-8331 |
Charlene Walker Rosa v. Michael J. Satz, et al. |
Eleventh Circuit |
2021-06-17 |
Dismissed |
Relisted (2)IFP |
attorney-client-confidentiality civil-rights due-process equal-protection fair-trial prosecutorial-misconduct |
Whether the state attorney's opening statement at the prosecution's closing argument violated the accused's right to due process and a fair trial |
| 20-1754 |
Lawrence Joey Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-06-16 |
Denied |
Response Waived |
appellate-procedure burden-of-proof certificate-of-appealability circuit-court-review criminal-procedure due-process jury-instructions prosecutorial-argument prosecutorial-misconduct reasonable-doubt |
Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt? |
| 20-8314 |
Timothy Brewer v. Stewart Eckert, Superintendent, Wende Correctional Facility |
Second Circuit |
2021-06-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability child-psychology constitutional-rights evidence fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Court, … |
| 20-8266 |
Eric Lucas v. Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment |
Whether Petitioner's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated |
| 20-8227 |
Trevor Anderson v. Lynn Lilley, Superintendent, Eastern Correctional Facility |
Second Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
criminal-defendant criminal-procedure due-process evidentiary-hearing fair-trial implicit-bias prosecutorial-misconduct summation visual-presentation |
Can a prosecutor's display of visual presentation during summation activate implicit biases, and if so, does the activation of those biases deprive a … |
| 20-8209 |
Dennis J. Edwards v. Kim Larson, Warden |
Seventh Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
constitutional-rights due-process equal-protection habeas-corpus ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct trial-procedure witness-testimony |
Whether the petitioner's due process and equal protection rights were violated by the denial of his habeas corpus petition without explanation |
| 20-8216 |
Justin Michael Wilson v. United States |
Fourth Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
brady-violation brandishing carjacking carjacking-statute criminal-intent due-process firearm firearm-possession intent prosecutorial-misconduct serious-bodily-injury witness-impeachment |
Whether there was sufficient evidence to sustain a conviction for carjacking and possession of a firearm in connection with a crime of violence when t… |
| 20-8203 |
Dasheme Kareme Hosley v. Rick Hill, Warden |
Ninth Circuit |
2021-06-02 |
Denied |
Response WaivedIFP |
closing-argument due-process harmless-error judicial-ratification jury-instruction jury-instructions legal-misstatement prosecutorial-misconduct trial-court trial-procedure |
Should courts presume that the jury followed the trial court's correct instruction at the end of trial even if the trial judge expressly ratified a mi… |
| 20-8205 |
In Re John L. McKenzie |
|
2021-06-02 |
Denied |
Relisted (2)IFP |
actual-innocence civil-rights constitutional-rights due-process fabricated-evidence false-evidence habeas-corpus miscarriage-of-justice perjury prosecutorial-misconduct |
Whether Petitioner is illegally confined due to fabricated evidence and false testimony |
| 20-8168 |
Ross Colby v. United States |
Ninth Circuit |
2021-05-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial juror-sympathy jury-bias jury-instructions prosecutorial-misconduct sixth-amendment |
Whether the statements of a prosecutor invoking juror sympathy and telling the jury that it has a duty to convict violate the defendant's Sixth Amendm… |
| 20-8088 |
Emem Ufot Udoh v. Minnesota |
Minnesota |
2021-05-20 |
Dismissed |
IFP |
actual-innocence constitutional-rights due-process fair-trial ineffective-assistance post-conviction prosecutorial-misconduct strickland-v-washington |
Whether the lower court erred in denying appellant's motion |
| 20-8090 |
Emem Ufot Udoh v. Minnesota |
Minnesota |
2021-05-20 |
Denied |
IFP |
actual-innocence brady-violation due-process evidentiary-hearing herrera-v-collins ineffective-assistance-of-counsel larrison-v-united-states newly-discovered-evidence prosecutorial-misconduct recantations witness-recantation |
Whether Petitioner Is Entitled To An Acquittal Or New Trial On The Newly Discovered Exonerating Evidence Showing Actual Innocence Based On Recantation… |
| 20-8095 |
Pasqual Lozano v. Robert Legrand, Warden, et al. |
Ninth Circuit |
2021-05-20 |
Denied |
IFP |
confrontation-clause due-process fair-trial federal-prisoners habeas-corpus ineffective-assistance-of-counsel ninth-circuit petition-for-review prosecutorial-misconduct sentencing |
Whether petitioner's Fourteenth Amendment rights to due process and a fundamentally fair trial were denied |
| 20-8055 |
Julio Aviles, Sr. v. United States |
Third Circuit |
2021-05-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation due-process habeas-corpus judicial-system material-perjury perjury prosecutorial-misconduct search-and-seizure trial-procedure |
Whether the entire affidavits of probable cause are based on completely material perjury |
| 20-8067 |
In Re Jeremiah Ybarra |
|
2021-05-18 |
Denied |
IFP |
constitutional-rights conviction due-process fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct |
Is an American citizen's Fifth Amendment violated when his case is not presented to a grand jury to gain an indictment on the alleged offense? |
| 20-8001 |
In Re Gerald Ross Pizzuto, Jr. |
|
2021-05-12 |
Denied |
IFP |
and the presentation of false testimony denying s constitutes a violation of Brady and Napue warran brady-v-maryland brady-violation due-process evidence-suppression extraordinary-writ false-testimony habeas-corpus judicial-misconduct napue-v-illinois napue-violation prosecutorial-misconduct witness-tampering |
Whether Mr. Pizzuto is entitled to habeas relief or an extraordinary writ due to the State's suppression of evidence and presentation of false testimo… |
| 20-8005 |
Philip Steven Matwyuk v. Mark Brnovich, Attorney General of Arizona, et al. |
Ninth Circuit |
2021-05-12 |
Denied |
Response WaivedIFP |
constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigative-misconduct prosecutorial-misconduct right-to-counsel right-to-self-representation sixth-amendment |
Question not identified |
| 20-7985 |
Taji Jemal Lee v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. |
Third Circuit |
2021-05-11 |
Denied |
IFP |
appellate-review brady-violation civil-rights constitutional-rights due-process false-testimony ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct |
Whether the petitioner's 6th and 14th Amendment rights to due process were violated by the prosecution's knowing concealment of material exculpatory e… |
| 20-7992 |
Noah Drake Primeaux v. Louisiana |
Louisiana |
2021-05-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions non-unanimous-jury prosecutorial-misconduct ramos-v-louisiana sixth-amendment |
Whether reasonable jurists would determine that the holding in Ramos v. Louisiana applies to persons on direct appeal concerning the non-unanimous jur… |
| 20-7953 |
Alena Aleykina v. United States |
Ninth Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
criminal-intent due-process evidence expert-testimony fifth-amendment legal-separation prosecutorial-misconduct sixth-amendment |
Was it fair to affirm 18-U.S.C-1519-charge |
| 20-7935 |
Wilmar Rene Duran-Gomez v. United States |
Fifth Circuit |
2021-05-05 |
Denied |
Relisted (2)IFP |
barker-test barker-v-wingo civil-immigration-offense criminal-investigation pretextual-arrest prosecutorial-misconduct sixth-amendment speedy-trial |
Whether prosecutors may prevent attachment of a defendant's Sixth Amendment speedy trial right by effecting a pretextual arrest for an unrelated civil… |
| 20-7907 |
Julio Solano v. California |
California |
2021-05-03 |
Denied |
IFP |
due-process heat-of-passion insufficient-evidence jury-instruction jury-instructions prosecutorial-misconduct provocation second-degree-murder voluntary-manslaughter |
Whether the California Courts' failure to adequately instruct the jury on provocation in the context of Second Degree Murder violated federal due proc… |
| 20-7882 |
Taurean Potter v. United States |
Third Circuit |
2021-04-29 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process evidence-tampering fair-trial false-testimony fourteenth-amendment government-misconduct prosecutorial-misconduct |
Whether the petitioner's Fourteenth Amendment right to a fair trial and due process was violated when the government failed to correct false testimony… |
| 20-7893 |
Anthony Edward Bridget v. California |
California |
2021-04-29 |
Denied |
IFP |
criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment trial-strategy |
Whether it is allowed for a judge to tell a jury who is biased to continue their belief in the defendant without a trial to defend against newly disco… |
| 20-7894 |
Winston A. McKenzie v. Texas |
Texas |
2021-04-29 |
Denied |
IFP |
brady-violation civil-rights constitutional-violations criminal-procedure due-process evidence-tampering material-exculpatory-evidence post-conviction-relief prosecutorial-misconduct sentencing-proceeding standing |
Whether Petitioners conviction is invalid when the evidence presented was legally insufficient to sustain a conviction |
| 20-7833 |
In Re Demarcus Wright |
|
2021-04-22 |
Denied |
IFP |
dna-evidence dna-match due-process expert-testimony expert-witness false-evidence false-testimony habeas-corpus inconclusive-evidence judicial-review perjured-testimony prosecutorial-misconduct |
Has prejudice been shown where the prosecuting attorney allowed false evidence and inaccurate information to go uncorrected? |
| 20-7810 |
Antonio Prophet v. Ralph Terry, Acting Warden |
Fourth Circuit |
2021-04-20 |
Denied |
Response WaivedIFP |
discovery-evidence doyle-v-ohio post-miranda-silence presumption-of-innocence prosecutorial-misconduct tailored-testimony |
Does a prosecutor's remarks violate the Constitution? |
| 20-7735 |
DeAndre Harris v. Michigan |
Michigan |
2021-04-14 |
Denied |
IFP |
advocacy-appearance constitutional-challenge due-process evidentiary-breach evidentiary-issues fair-trial ineffective-assistance-of-counsel ineffective-counsel judicial-bias judicial-impartiality prosecutorial-misconduct trial-court-discretion |
Whether the trial court reversibly erred in admitting highly prejudicial and irrelevant evidence related to an alleged threat to Ms. Branson by Petiti… |
| 20-7740 |
Jason Robert Vickers v. Kenneth Diggs, Warden |
Fourth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction |
Whether a criminal defendant can challenge an indictment and/or conviction after a coerced guilty plea |
| 20-7752 |
Bralen Lamar Jordan v. Kathleen H. Sawyer, et al. |
Seventh Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
bribery civil-procedure civil-rights document-misstatement due-process evidence judicial-misconduct legal-misconduct malicious-prosecution prosecutorial-misconduct |
Question not identified |
| 20-7713 |
Anthony Keenan Sharp v. Lawrence Long, Judge, Second Judicial Circuit Court of South Dakota, et al. |
Eighth Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection exculpatory-evidence fair-trial freedom-of-speech prosecutorial-misconduct unlawful-search-and-seizure |
Whether the petitioner's constitutional rights to due process, equal protection, freedom from cruel and unusual punishment, and freedom from unlawful … |
| 20-7728 |
Keith Smeaton v. United States |
Ninth Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
ada civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel learning-disability plea-conviction prosecutorial-misconduct standing |
Whether the appellant's constitutional rights under the 1st, 5th, 6th, and 14th Amendments were denied |
| 20-7699 |
DeAngelo Horn v. Florida |
Florida |
2021-04-09 |
Denied |
Response WaivedIFP |
admissibility banks-v-dretke brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process exculpatory-evidence federal-habeas pretrial-discovery prosecutorial-misconduct |
Whether courts may impose a due diligence requirement for Brady claims that focuses on the defense rather than the government |
| 20-7674 |
Kuantau Reeder v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-04-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
brady-v-maryland brady-violation criminal-procedure due-process giglio-v-united-states impeachment-evidence materiality materiality-standard prosecutorial-misconduct witness-credibility |
Whether the Louisiana Fourth Circuit Court of Appeal failed to correctly apply clearly established federal law as announced by this Court when it held… |
| 20-7687 |
Ronald James Hamilton, Jr. v. Texas |
Texas |
2021-04-07 |
Denied |
IFP |
capital-murder cruel-and-unusual-punishment due-process eighth-amendment exculpatory-evidence fingerprint-evidence prosecutorial-misconduct punishment-trial witness-testimony |
Did the trial prosecutors deny Mr. Hamilton Due Process by failing to disclose exculpatory fingerprint comparison results relevant to an extraneous ca… |
| 20-7656 |
James Robert Monson v. United States |
Sixth Circuit |
2021-04-06 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-rights due-process fundamental-rights intentional-misconduct prosecutorial-misconduct sentencing united-states-attorney |
Whether the United States Attorney Offices' standard appeal waiver violates due process of law |
| 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 … |
| 20-7653 |
Jeffrey Denton v. John Davids, Warden |
Sixth Circuit |
2021-04-02 |
Denied |
IFP |
actual-innocence constitutional-error due-process fair-trial habeas-corpus judicial-review newly-discovered-evidence procedural-gateway prosecutorial-misconduct trial-confidence |
Whether petitioner can pass through the gateway to argue merits of underlying claims |
| 20-7638 |
Cesar Gomez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-04-01 |
Denied |
IFP |
constitutional-amendment constitutional-rights due-process fair-trial grand-jury harmless-error indictment-amendment prosecutorial-misconduct |
Whether the district court applied the harmless-error review in an 'objectively unreasonable' manner |
| 20-7603 |
In Re Bruce Allen Rutherford |
|
2021-03-30 |
Denied |
Response WaivedIFP |
constitutional-rights discovery due-process grand-jury habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-delay prosecutorial-misconduct section-2255-motion |
Unreasonable delay in ruling on 28 U.S.C. §2255 motion |
| 20-7579 |
Donald Phillips v. Texas |
Texas |
2021-03-29 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-misconduct juror-misconduct jury prosecutorial-misconduct sixth-amendment trial-procedure |
Is it proper or a violation of the 6th Amendment due process law for a defense attorney to discover that during testimony in trial one of the jurors w… |
| 20-7598 |
Marcellus Thomas v. Sonja Nicklaus, Warden |
Seventh Circuit |
2021-03-29 |
Denied |
Response WaivedIFP |
civil-rights due-process equal-protection ineffective-assistance-of-counsel jurisdiction prosecutorial-misconduct |
Question not identified |
| 20-7556 |
Terrence A. McKnight v. R. Johnson, et al. |
Ninth Circuit |
2021-03-25 |
Denied |
Response WaivedIFP |
9th-circuit appellate-review criminal-procedure due-process habeas-corpus harmless-error hearsay-evidence prosecutorial-misconduct standards-of-review |
Did the California Court of Appeal unreasonably determine that the established prosecutorial misconduct was harmless? |
| 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 |
Has the United States Court of Appeals for the Sixth Circuit imposed an improper burden and unduly burdensome Certificate of Appealability (COA) stand… |
| 20-7397 |
William Randolph King v. Thomas Winn, Warden |
Sixth Circuit |
2021-03-09 |
Denied |
IFP |
8th-amendment brady-violation criminal-procedure dna-evidence dna-testing due-process eighth-amendment evidence-suppression prosecutorial-disclosure prosecutorial-misconduct |
Could reasonable jurists debate whether the prosecution committed a Brady violation when it failed to disclose the prior victim's pubic hair found dur… |
| 20-7352 |
In Re Henry Lee Rudolph |
|
2021-03-08 |
Denied |
IFP |
collateral-estoppel constitutional-provisions criminal-procedure double-jeopardy due-process fraud-on-the-court judicial-discretion post-conviction-relief predicate-offense prosecutorial-misconduct supreme-court-discretion |
Did the Utah Supreme Court commit error by stating the Franses' rights were not violated and Rodolph requested, and by stating three flawed reasons fo… |
| 20-7292 |
Matthew Lee Staszak v. United States |
Seventh Circuit |
2021-03-02 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-2251 18-usc-2423 due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-misconduct section-2251 section-2423 |
Whether the Supreme Court should grant the writ where prosecutorial-misconduct, ineffective-assistance-of-counsel, due-process, plea-bargaining, 18-us… |
| 20-7270 |
Keith D. Barmore v. Sonja Nicklaus, Warden |
Seventh Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel involuntary-manslaughter jury-instructions prosecutorial-misconduct |
Question not identified |
| 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 |
Whether a prosecutor's threats to a defendant that he would receive a harsher sentence if he did not accept a plea deal denied him his constitutional … |
| 20-7251 |
Eric Lyle Williams v. Texas |
Texas |
2021-02-25 |
Denied |
Amici (1)IFP |
criminal-procedure death-penalty due-process fair-trial prosecutor-bias prosecutorial-misconduct recusal structural-error |
Does the participation of a conflicted and recused prosecutor in a death penalty trial violate due process? |
| 20-7195 |
Javan Fredrick Mays, aka Von Frederick Mayes v. Scott Lewis, Warden |
Fourth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
appellate-review brady-violation constitutional-rights criminal-procedure due-process post-conviction-relief procedural-barriers prosecutorial-misconduct right-to-counsel subject-matter-jurisdiction suppressed-evidence |
Whether the petitioner's convictions were obtained in violation of due process |
| 20-7080 |
Jimmy Lloyd Alexander v. California |
California |
2021-02-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-seizure fair-trial judicial-bias prosecutorial-misconduct |
Whether the petitioner's constitutional rights were violated due to prosecutorial misconduct, judicial bias, and improper admission of evidence |
| 20-7059 |
Glen Thomas Dotson v. Dewayne Hendrix, Warden |
Eighth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial fifth-amendment grand-jury prosecutorial-misconduct right-against-self-incrimination witness-testimony |
Was the petitioner deprived of a fair trial due to prosecutorial misconduct? |
| 20-1056 |
Justin Wolfe v. Virginia |
Virginia |
2021-02-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-rights constitutional-authority criminal-procedure due-process federal-habeas forfeiture-rule plea-bargaining prosecutorial-misconduct vindictive-prosecution |
Whether a state court can avoid the federal constitutional issues raised by a vindictive-prosecution claim |
| 20-6952 |
In Re Russell Adam Pelletier |
|
2021-01-26 |
Denied |
IFP |
civil-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance prosecutorial-fraud prosecutorial-misconduct standing |
Does ignorance of the law bar petitioner from having right to be heard when a miscarriage of justice has occurred? |
| 20-6922 |
Melvin Bonnell v. Ohio |
Ohio |
2021-01-25 |
Denied |
IFP |
brady-vs-maryland capital-punishment criminal-procedure due-process evidence prosecutorial-misconduct |
When a capitally sentenced defendant credibly demonstrates that state actors have continually exhibited bad-faith and the majority of evidence is lost… |
| 20-986 |
Michael Gregory Hubbard v. Alabama |
Alabama |
2021-01-25 |
Denied |
Response Waived |
criminal-law criminal-statutes due-process fair-notice first-impression-law legal-interpretation official-actions official-misconduct prosecutorial-misconduct prosecutorial-theory statutory-interpretation |
Did the Supreme Court of Alabama deprive Petitioner of due process of law? |
| 20-6856 |
Lavon Oden v. Neil Turner, Warden |
Sixth Circuit |
2021-01-14 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment |
Was LaVon Oden's Sixth Amendment right to confront witnesses violated? |
| 20-6866 |
Kevin Sutherby v. Sherman Campbell, Warden |
Sixth Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-misconduct warrantless-arrest |
Whether Mr. Sutherby is entitled to a new trial based on newly-discovered-evidence, ineffective-assistance-of-counsel, and illegal-evidence |
| 20-6871 |
Angnem Green v. New York |
New York |
2021-01-13 |
Denied |
IFP |
closing-argument constitutional-rights criminal-procedure due-process equal-protection fair-trial prosecutorial-misconduct racial-bias racial-discrimination |
Whether the New York Appellate Division, Fourth Judicial Department erred in finding Petitioner's Constitutional right to a fair trial was not violate… |
| 20-6817 |
Jerry Lee Quinn v. United States |
Fifth Circuit |
2021-01-11 |
Denied |
Response WaivedIFP |
circuit-split codefendant codefendant-testimony evidence-admission fifth-circuit-review hearsay hearsay-statement plain-error prior-consistent-statements prosecutorial-misconduct tome |
Whether the Fifth Circuit misapplied the plain error doctrine to bar review of the defendant's claim that the prosecution wrongly relied on a hearsay … |
| 20-6800 |
Harry Miller v. United States |
Seventh Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
brady-rule brady-v-maryland constitutional-law criminal-procedure due-process exculpatory-evidence favorable-evidence materiality prosecutorial-disclosure prosecutorial-misconduct trial-fairness |
How does a court determine whether evidence that the prosecution did not share with the defense before trial is 'favorable' under the standard announc… |
| 20-6815 |
Robert Munoz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
constitutional-due-process double-jeopardy due-process false-testimony fourteenth-amendment indictment jury-instructions prosecutorial-misconduct statute-of-limitations |
Is it written in the U.S. Constitution that a person may be indicted, reindicted 3-times with same cause number: broaden, abandon, and bring abandoned… |
| 20-6711 |
Pat Dee Leatherman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-12-29 |
Denied |
IFP |
5th-amendment civil-rights due-process effective-assistance-of-counsel exculpatory-evidence fifth-amendment obstruction-of-justice prosecutorial-misconduct standing |
Whether the defendant's statement was clearly used against him in violation of the 5th Amendment |
| 20-6705 |
Ian LaMonte Cormier v. James Comey, et al. |
Ninth Circuit |
2020-12-23 |
Denied |
IFP |
compulsory-process confrontation-clause due-process effective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Whether the court's placement of the defendant's boss on the stand to testify about the defendant's phone call to his boss constitutes a violation of … |
| 20-6675 |
Augustine L. Cavitte v. Nebraska |
Nebraska |
2020-12-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-admissibility law-enforcement-conduct miranda-rights prosecutorial-misconduct self-defense self-incrimination voluntariness |
Did the lower courts err in finding Ms. Cavitte's statements admissible contrary to present Miranda standards? |
| 20-6683 |
Reynaldo Diaz-Guzman v. United States |
Sixth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation criminal-procedure due-process evidence-suppression judicial-discretion jurisdiction prosecutorial-misconduct standing subject-matter-jurisdiction |
Whether the court of appeals erred and abused its discretion in rejecting the challenge to the indictment and argument for dismissal for lack of subje… |
| 20-6663 |
Benjamin Justin Brownlee v. New York |
New York |
2020-12-18 |
Denied |
IFP |
brady-violation criminal-discovery criminal-procedure discovery due-process late-disclosure medical-evidence medical-records prosecutorial-misconduct trial-procedure |
Did the prosecution violate its duties under Brady v Maryland (373 US 83 [1963]) and its progeny by withholding the complainant's medical records unti… |
| 20-6643 |
Adrian McCray v. Scott Lewis, Warden, et al. |
Fourth Circuit |
2020-12-17 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct standing |
Whether the Petitioner's prosecution violated his due process rights |
| 20-6615 |
Cornell McHenry v. Texas, et al. |
Fifth Circuit |
2020-12-11 |
Denied |
IFP |
conflict-of-interest constitutional-law criminal-procedure due-process evidence habeas-corpus ineffective-assistance judicial-discretion prosecutorial-misconduct standard-of-review witness-testimony |
Did the 11th Circuit err in deferring to the State Court finding that Mr. McHenry was not prejudiced by trial counsel's conflict of interest and failu… |
| 20-6597 |
John Aguilar v. Willis Chapman, Warden |
Sixth Circuit |
2020-12-10 |
Denied |
Response WaivedIFP |
change-of-venue constitutional-rights due-process effective-assistance-of-counsel fair-trial guilt ineffective-assistance-of-counsel prior-bad-acts prosecutorial-misconduct witness-testimony |
Is a Defendant denied the constitutional right to effective assistance of counsel and ultimately a fundamentally fair trial as guaranteed by the Unite… |
| 20-6591 |
Jose Delores Vanegas v. United States |
Fourth Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
constitutional-rights conviction due-process fifth-amendment fourth-amendment judicial-discretion prosecutorial-misconduct remand |
whether-the-trial-court-abused-its-discretion |
| 20-6547 |
David Franklin McNees, Jr. v. Michigan |
Michigan |
2020-12-07 |
Denied |
Relisted (2)IFP |
actual-innocence brady-violation due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Did the federal and state courts abuse their discretion in denying petitioner's motion for a new trial and Ginther hearing? |
| 20-6479 |
Genaro Garcia v. Indiana |
Indiana |
2020-11-30 |
Denied |
Response WaivedIFP |
14th-amendment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel post-conviction post-conviction-petition prosecutorial-misconduct |
Whether a State Appellate Court's unexplained failure to allow a petitioner to file a successive petition for last-ditch chronological relief under Ru… |
| 20-736 |
Adam Frasch v. Florida |
Florida |
2020-11-27 |
Denied |
Response Waived |
appeals brady-v-maryland brady-violation criminal-defendant criminal-procedure discovery due-process evidence evidence-disclosure evidentiary-hearing prosecutorial-misconduct |
Whether a criminal defendant is entitled to an evidentiary hearing to determine if a violation has occurred pursuant to Brady v. Maryland, 373 U.S. 83… |
| 20-6397 |
Douglas Cornejo v. Christian Pfeiffer, Warden |
Ninth Circuit |
2020-11-20 |
Denied |
Response WaivedIFP |
brady-disclosure brady-evidence confrontation-clause criminal-procedure cross-examination due-process preliminary-hearing prosecutorial-misconduct right-to-present-defense witness-testimony |
Should a COA Have Been Granted to Decide If the Prosecutor's Failure to Disclose Brady Evidence Deprived Cornejo of His Right to Confront and Cross-Ex… |
| 20-6371 |
Antoine Moseley v. Daniel Clarke |
Seventh Circuit |
2020-11-19 |
Denied |
IFP |
14th-amendment 5th-amendment double-jeopardy double-jeopardy-clause due-process fact-finding fifth-amendment fourteenth-amendment insufficient-evidence prosecutorial-misconduct statutory-elements |
Double Jeopardy |
| 20-6384 |
Owen McCants v. Steven Silva |
First Circuit |
2020-11-19 |
Denied |
IFP |
abuse-of-discretion appeals criminal-procedure due-process evidence-sufficiency federal-law-violation ineffective-counsel judicial-discretion judicial-review pretrial-procedure prosecutorial-misconduct standard-of-review |
Whether the trial court, appeals court, and Supreme Judicial Court abused their discretion? |
| 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… |
| 20-6390 |
Rigoberto Cabrera v. United States |
Eleventh Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-amount prosecutorial-misconduct sentencing sentencing-error witness-testimony |
Whether Cabrera received ineffective assistance of counsel |
| 20-6352 |
G. N. W. v. New Jersey |
New Jersey |
2020-11-17 |
Denied |
IFP |
criminal-procedure due-process prejudice prosecutorial-misconduct right-to-counsel speedy-trial |
Whether reasons for delay are relevant to both sides |
| 20-686 |
Michael Shock v. Arkansas |
Arkansas |
2020-11-17 |
Denied |
Response Waived |
brady-violation civil-rights constitutional-law discovery-violation double-jeopardy due-process equal-protection mistrial oregon-v-kennedy prosecutorial-misconduct standing statutory-interpretation |
Whether the lower court erred in its interpretation and application of the relevant statutory and constitutional provisions |
| 20-6302 |
Nguyen Vu v. Pennsylvania |
Pennsylvania |
2020-11-13 |
Dismissed |
Response WaivedIFP |
due-process equal-protection fourteenth-amendment habeas-corpus judicial-bias perjured-testimony prosecutorial-misconduct |
Whether the petitioner was deprived of due process and equal protection under the Fourteenth Amendment due to a prosecution based on perjured testimon… |
| 20-6321 |
Alexander Cameron v. John F. Walrath, Warden |
Fourth Circuit |
2020-11-13 |
Dismissed |
IFP |
civil-rights constitutional-violation due-process evidence-suppression false-evidence false-forensic-evidence habeas-corpus prosecutorial-misconduct witness-fabrication witness-tampering |
Can the State convict an innocent defendant for crimes committed by a person that does not exist? |
| 20-652 |
George Georgiou v. United States |
Third Circuit |
2020-11-12 |
Denied |
Response Waived |
28-usc-2255 brady-v-maryland brady-violation certificate-of-appealability counsel-waiver due-process napue-v-illinois prosecutorial-misconduct rule-8c witness-testimony |
Whether the order of the court of appeals denying a certificate of appealability should be reversed and remanded |
| 20-6250 |
Kyle A. Box v. New York |
New York |
2020-11-06 |
Denied |
Response WaivedIFP |
14th-amendment brady-violation criminal-procedure due-process equal-protection exculpatory-evidence prosecutorial-misconduct |
Whether the prosecution's failure to disclose evidence favorable to the defense violates due process |
| 20-613 |
Lyle Mark Coultas v. Carroll Tichenor, Individually and in His Official Capacity as a Yamhill County Prosecutor, et al. |
Ninth Circuit |
2020-11-05 |
Denied |
Response WaivedRelisted (2) |
circuit-court-review civil-rights due-process due-process-violation fabricated-facts fraud-on-the-court judicial-fraud judicial-misconduct prosecutorial-misconduct standing supreme-court supreme-court-jurisdiction |
Can the United States Ninth Circuit Court of Appeals disregard the United States District Court Judge Marco Hernandez intentional fabrication of facts… |
| 20-6232 |
Brian Dwight Peterson v. Randee Rewerts, Warden |
Sixth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel law-enforcement prosecutorial-misconduct right-against-self-incrimination right-to-counsel trial-procedure |
Whether a defense attorney has an obligation to show the defendant live video calls in a capital case and hire a private investigator that the trial c… |
| 20-6190 |
Bradley R. Freeman v. New Mexico |
New Mexico |
2020-11-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
affirmative-defense brady-v-maryland constitutional-requirement criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-disclosure prosecutorial-misconduct |
Does the Constitution require the prosecution to disclose favorable, material evidence of an affirmative defense before entering a plea agreement? |
| 20-6193 |
Martin L. Harrell v. United States |
Eleventh Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
criminal-procedure diligence-standard due-process habeas-corpus material-fact mcquiggin mcquiggin-standard new-evidence prosecutorial-misconduct summary-denial |
Whether Evidence Not Presented as the Result of Prosecutorial Misconduct Should Be Considered New Evidence under McQuiggin? |
| 20-6179 |
Hai Duong v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-10-30 |
Denied |
Response WaivedIFP |
constitutional-violation doyle-v-ohio due-process equal-protection harmless-error miranda-rights post-conviction-relief prosecutorial-misconduct |
Was Duong denied due process and equal protection |
| 20-548 |
Jessie Eugene Shelton v. Robert C. Tanner, Warden |
Fifth Circuit |
2020-10-26 |
Denied |
Response Waived |
5th-amendment 6th-amendment due-process improper-jurisdiction ineffective-assistance ineffective-assistance-of-counsel pro-se-filing prosecutorial-misconduct |
Whether a pro se filing by petitioner in 2012 to the District Court, alleging ineffective assistance of counsel and an invalid plea would deny a secon… |
| 20-6118 |
Ramon Wall v. Melissa Hainsworth, Superintendent, State Correctional Institution at Laurel Highlands, et al. |
Third Circuit |
2020-10-23 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation due-process equal-rights ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice misconduct plea-agreement prosecutorial-misconduct |
Ineffective assistance of counsel prejudiced the petitioner, creating a miscarriage of justice |
| 20-497 |
Jamal A. Azeez v. West Virginia |
West Virginia |
2020-10-15 |
Denied |
Response WaivedRelisted (2) |
actual-innocence civil-rights constitutional-rights ex-post-facto false-arrest jury-selection megan-laws perjury prosecutorial-misconduct racial-discrimination |
Did the lower court condone systemic injustice against Petitioner? |
| 20-6024 |
Keinald V. Parnell v. Scott R. Frakes, Director, Nebraska Department of Correctional Services |
Eighth Circuit |
2020-10-15 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence post-conviction-relief prosecutorial-misconduct |
Whether the Eighth Circuit Court of Appeals erred in denying a certificate of appealability |
| 20-6025 |
Steven McManus v. Mary Vann, Superintendent, Altona Correctional Facility |
Second Circuit |
2020-10-15 |
Denied |
IFP |
burden-of-proof emotional-appeals evidence-mischaracterization fair-trial inflammatory-statements prosecutorial-misconduct vouching witness-vouching |
Whether the cumulative effect of the prosecutor's actions deprived the petitioner of a fair trial? |
| 20-6036 |
Torrey Washington v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-10-15 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance jury-instructions prosecutorial-misconduct |
Whether the prosecution failed to prove guilt beyond a reasonable doubt? |
| 20-6006 |
Terrance Leon Washington v. Crystal Willett, Superintendent, Meherrin River Regional Jail |
Fourth Circuit |
2020-10-14 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process entrapment ineffective-assistance prosecutorial-misconduct state-court-conviction |
How can law enforcement's warrantless search and seizure with fraudulent search warrants and issue a wrong indictment |
| 20-6012 |
Allen Young v. United States |
Seventh Circuit |
2020-10-14 |
Denied |
Response WaivedIFP |
constitutional-defect discovery-violations due-process fifth-amendment fourth-amendment indictment-defects insufficient-evidence perjury prosecutorial-misconduct search-and-seizure |
Question not identified |
| 20-5973 |
Efrain Santos v. Stewart Eckert, Superintendent, Wende Correctional Facility |
Second Circuit |
2020-10-09 |
Denied |
IFP |
certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct second-circuit sixth-amendment |
Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Court d… |
| 20-5956 |
Tracy Lynn Cope v. Randy Lee, Warden |
Sixth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
aedpa aedpa-standard brady-v-maryland brady-violation confidential-informant criminal-trial due-process prosecutorial-misconduct sixth-circuit sixth-circuit-review |
Whether the Sixth Circuit's property applied the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) in denying Petition relief where in the… |
| 20-5935 |
Frank Allen Levi Holland v. Michigan |
Michigan |
2020-10-07 |
Denied |
IFP |
burden-of-proof compulsory-violations confrontational-violations constitutional-rights criminal-procedure due-process evidence-admission ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct |
Whether the Michigan courts violated the petitioner's state and federal constitutional right to due process of law |
| 20-5866 |
Shawn Kristi Dicken v. Shawn Brewer, Warden |
Sixth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
brady-material brady-v-maryland constitutional-amendments criminal-procedure discovery due-process evidence exculpatory-evidence expert-testimony prosecutorial-misconduct |
Was petitioner denied discovery pursuant to Brady v. Maryland 373 U.S. 83 violating her V, VI and XIV Const. Amends.? |
| 20-5884 |
Charles Chad Giese v. California |
California |
2020-10-01 |
Denied |
Response WaivedIFP |
criminal-procedure custodial-interrogation due-process miranda-rights prosecutorial-misconduct right-to-counsel right-to-defense self-defense self-incrimination |
Did Police Violate Giese's Miranda Rights by Interrogating Him While He was in Custody? |
| 20-5844 |
Horacio Santamaria, Jr. v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
constitutional-error constitutional-rights due-process grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice prosecutorial-misconduct |
Whether the government's unavailing defense of the indefensible with respect to the indictment, inadequate jury instructions, prosecutorial misconduct… |
| 20-5840 |
James Robert Miller v. United States |
Ninth Circuit |
2020-09-29 |
Denied |
IFP |
conflict-of-interest criminal-procedure due-process ethical-violations federal-jurisdiction indictment-dismissal prosecutorial-misconduct recusal |
Whether a prosecutor's initiation of an investigation in a case in which he has a personal and financial interest, and subsequent continued involvemen… |
| 20-5821 |
Calvin Simpson v. Illinois |
Illinois |
2020-09-28 |
Denied |
IFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sexual-assault due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct sexual-assault |
Whether the defendant's 6th Amendment right to effective assistance of counsel was violated when his trial counsel failed to present evidence of the e… |
| 20-5830 |
Taryn Christian v. Todd Thomas, Warden |
Ninth Circuit |
2020-09-28 |
Denied |
Response WaivedIFP |
brady brady-violation due-process fraud-on-the-court habeas habeas-corpus judicial-misconduct judicial-recusal prosecutorial-misconduct recusal sixth-amendment |
Whether the district court ignored due process by its repeated failure to rule on petitioner's Brady claims |
| 20-5765 |
Daniel F. Borden, Sr. v. Gary Swarthout, Warden |
Ninth Circuit |
2020-09-23 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence exculpatory-evidence probable-cause prosecutorial-misconduct |
Whether exculpatory material evidence that would exonerate a person is required to be disclosed by the prosecution |
| 20-5717 |
William Bradner v. United States |
Sixth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-justice-system due-process government-breach plea-agreement plea-bargaining prosecutorial-misconduct sentencing sentencing-level sixth-circuit |
Whether the government breaches the bargain of a plea agreement by requesting a minimum sentencing level fifteen years longer than what it had explici… |
| 20-5682 |
Simon F. Ranteesi v. Eric Arnold, Warden |
Ninth Circuit |
2020-09-14 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-rights due-process expert-testimony fair-trial ineffective-counsel jury-instructions medical-malpractice mental-state prosecutorial-misconduct |
Question not identified |
| 20-326 |
Mitchell J. Stein v. United States |
Eleventh Circuit |
2020-09-11 |
Denied |
Amici (2) |
constitutional-rights criminal-procedure criminal-prosecution discovery due-process exculpatory-evidence false-testimony government-misconduct prosecutorial-misconduct |
Whether the Due Process Clause excuses the government's knowing use of false testimony in a criminal prosecution so long as the government divulged ev… |
| 20-309 |
John E. Reardon v. New Jersey, et al. |
Third Circuit |
2020-09-09 |
Denied |
|
civil-procedure civil-rights collateral-attack common-law-mandates due-process judicial-immunity jurisdictional-challenge prosecutorial-immunity prosecutorial-misconduct standing void-proceedings |
Whether Judges, Prosecutors and other officials can be held liable for either Equity and/or Legal relief |
| 20-5629 |
Lester Waller v. Vance Laughlin, Warden |
Georgia |
2020-09-09 |
Denied |
Response WaivedIFP |
due-process expert-witness-testimony fourteenth-amendment ineffective-assistance prosecutorial-misconduct right-to-counsel sixth-amendment trial-court-error waiver-of-counsel |
Did the Trial Court err when it determined Defendant's waiver of counsel was valid thus , violating his Sixth Amendment Right to Counsel and his Fourt… |
| 20-5631 |
Riggin Valley v. Texas |
Texas |
2020-09-09 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct |
Whether the petitioner was denied effective assistance of counsel due to counsel's failure to investigate and present exculpatory evidence |
| 20-292 |
John Pinder v. Scott Crowther, Warden |
Tenth Circuit |
2020-09-04 |
Denied |
Response Waived |
constitutional-rights conviction criminal-conviction due-process false-testimony federal-courts judicial-review prosecutor-misconduct prosecutorial-misconduct state-courts |
Whether Due Process is violated when a prosecutor relies on false testimony to secure a conviction but did not know that the testimony was false until… |
| 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 |
Whether the prosecution may introduce child pornography videos at trial that were not found on the defendant's devices, but found in an outside invest… |
| 20-5463 |
Rowmoto Rogers v. Gregory Skipper, Warden |
Sixth Circuit |
2020-08-28 |
Denied |
Response WaivedIFP |
closing-arguments constitutional-rights criminal-procedure due-process prosecutorial-misconduct trial-procedure witness-credibility |
Whether the prosecutor was improperly allowed to vouch for the credibility of his star witness during closing arguments, denying various constitutiona… |
| 20-229 |
Michael Woolen v. California |
California |
2020-08-26 |
Denied |
|
14th-amendment 6th-amendment civil-rights constitutional-rights due-process free-speech habeas-corpus judicial-error mental-illness prosecutorial-misconduct |
Whether petitioner, 1 of 60 million Americans with mental illness, was deprived of Bill of Rights protections of Amendment 1, V, VI-IX and XIV |
| 20-5493 |
Tobias O. Reed v. Virginia |
Virginia |
2020-08-25 |
Denied |
IFP |
constitutional-evidence criminal-investigation ex-parte-order exclusionary-rule good-faith-defense good-faith-exemption illinois-v-krull prosecutorial-conduct prosecutorial-misconduct |
Are prosecuting attorneys entitled to the same good faith exemption from the exclusionary rule as police officers? |
| 20-5445 |
Jelani Walker v. Ed Sheldon, Warden |
Sixth Circuit |
2020-08-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-courts federal-review habeas-corpus judicial-procedure merits-ruling procedural-default prosecutorial-misconduct sanctions state-court state-courts |
Does a defense cause prejudice due to inadequate notice? |
| 20-5425 |
Rasheen J. Gamble v. New York |
New York |
2020-08-20 |
Denied |
IFP |
confrontation-clause criminal-procedure cumulative-error dna-evidence due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Was defense counsel ineffective for consenting to the prosecutor's extremely untimely request for a DNA sample? |
| 20-5402 |
Joseph Glenn Savicki v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-review due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-review procedural-error prosecutorial-misconduct |
Whether the denial of a certificate of appealability violates due process and equal protection when the district court fails to consider the merits of… |
| 20-5419 |
Michael D. Dyer v. Aimee Smith, Warden, et al. |
Georgia |
2020-08-19 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining prosecutorial-misconduct right-to-counsel |
Whether a defendant can knowingly, intelligently, and voluntarily enter a guilty plea when the prosecutor is allowed to engage in misconduct without h… |
| 20-5389 |
Milkiyas Bayisa v. United States |
District of Columbia |
2020-08-18 |
Denied |
Response WaivedIFP |
appellate-procedure closing-argument constitutional-rights due-process judicial-review prosecutorial-misconduct rebuttal religious-references |
Whether the prosecutor's repeated references to God during rebuttal closing argument constituted highly prejudicial prosecutorial misconduct resulting… |
| 20-5357 |
Anthony Collymore v. Connecticut |
Connecticut |
2020-08-14 |
Denied |
Response WaivedIFP |
compulsory-process due-process fair-trial immunity prosecutorial-misconduct self-incrimination statutory-immunity witness-immunity |
Whether the petitioner's rights to due process of law, compulsory process and fair trial were violated |
| 20-5360 |
Reinaldo Dennes v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-08-14 |
Denied |
IFP |
brady-evidence brady-violation cause-and-prejudice circuit-split cullen-v-pinholster due-diligence due-process evidence-suppression habeas-corpus napue-evidence prosecutorial-misconduct witness-credibility |
Should newly discovered Brady/Napue evidence be considered by federal courts or returned to state court? |
| 20-156 |
Kevin Edward Connors v. Texas |
Texas |
2020-08-13 |
Denied |
|
brady-v-maryland brady-violation cold-record credibility-determinations due-process fact-finding habeas-corpus prosecutorial-misconduct witness-credibility |
whether-due-process-prohibits-superior-court-from-rejecting-inferior-court's-fact-findings-based-on-credibility |
| 20-5312 |
Sharrieff Brown v. California Department of Corrections and Rehabilitation |
Ninth Circuit |
2020-08-10 |
Denied |
Response WaivedIFP |
circuit-court-interpretation discovery-violations habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review prosecutorial-disclosure prosecutorial-misconduct statute-of-limitations summary-reversal |
Did the Ninth Circuit's finding of untimeliness under 28 U.S.C. § 2244(d)(1)(D) so clearly misapply the law as to call for summary reversal? |
| 20-5294 |
Byron Becton v. Shawn Phillips, Warden |
Sixth Circuit |
2020-08-07 |
Denied |
Response WaivedIFP |
due-process fair-trial fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct self-incrimination |
Did the prosecutor's misconduct deprive the petitioner of a fair trial that violated petitioner's Fifth and Fourteenth Amendment rights against self-i… |
| 20-5247 |
Avern Lee Burnside v. Randee Rewerts, Warden |
Sixth Circuit |
2020-08-04 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability due-process habeas-corpus newly-discovered-evidence perjured-testimony presumption-of-correctness prosecutorial-misconduct |
Whether Mr. Burnside's due-process rights were violated and he is entitled to a new trial based on newly-discovered-evidence where the prosecutor know… |
| 20-101 |
Lloyd Harris v. Maryland |
Maryland |
2020-08-03 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (14) |
actual-prejudice balancing-test constitutional-rights criminal-procedure due-process fair-trial preindictment-delay prejudice-analysis prosecutorial-misconduct prosecutorial-motive |
Where preindictment delay has caused actual prejudice to the accused's ability to defend himself, does the Due Process Clause require (1) the defendan… |
| 20-5170 |
William Russell Williams v. Michigan |
Michigan |
2020-07-24 |
Denied |
IFP |
actus-reus criminal-procedure due-process ineffective-assistance jury-instructions mens-rea mitigation mitigation-instruction prosecutorial-misconduct right-to-present-defense sentencing-guidelines |
Was William Williams denied his right to due process, to present a defense, and to a properly instructed jury? |
| 20-5154 |
Jorge Armando Herrera Salguero v. California |
Ninth Circuit |
2020-07-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability closing-argument credibility due-process habeas habeas-corpus prosecutorial-misconduct witness-credibility |
Whether the Ninth Circuit's denial of a COA on Salguero's prosecutorial-misconduct claim is contrary to this Court's jurisprudence |
| 20-5145 |
In Re Charles Talbert |
|
2020-07-22 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-discretion post-conviction-review prosecutorial-misconduct |
Whether the court erred in denying the petitioner's motion for a new trial based on the alleged constitutional violations in the conduct of the trial … |
| 20-5116 |
Steven B. Anderson v. Thomas Winn, Warden |
Sixth Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
civil-rights confrontation-clause constitutional-rights criminal-trial demonstrative-evidence due-process fair-trial false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct |
Whether the State of Michigan violated Petitioner's constitutional right to due process by presenting known false testimony and by using inconsistent … |
| 20-5129 |
David Aziel Sheer v. Patrick Warren, Warden |
Sixth Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
certificate-of-appealability confrontation-clause effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Whether this Court should issue a writ of certiorari |
| 20-5107 |
Vernon Montgomery v. Delaware |
Delaware |
2020-07-20 |
Denied |
Response WaivedIFP |
appellate-procedure civil-procedure constitutional-review court-review due-process judicial-duty legal-argument perjury probable-cause prosecutorial-misconduct standing |
Does a State's appellate court have to address the contentions of its appellant in its opinion? |
| 20-5104 |
Justin Tapp v. United States |
Fourth Circuit |
2020-07-17 |
Denied |
Response WaivedIFP |
double-jeopardy due-process equal-protection ineffective-assistance-of-counsel prosecutorial-misconduct sentencing |
Whether the petitioner's constitutional rights were violated when he was subjected to multiple prosecutions and sentences for the same conduct |
| 20-5064 |
Tony Brown v. United States |
Ninth Circuit |
2020-07-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
due-process exculpatory-evidence Landgraf-v-USI-Film-Prods preindictment-delay prosecutorial-misconduct retroactivity rico-conspiracy statute-of-limitations witness-evidence |
Should the Ninth Circuit's interpretation of Lovasco be addressed? |
| 20-5065 |
Brett A. Bogle v. Florida |
Florida |
2020-07-15 |
Denied |
IFP |
brady-v-maryland brady-violation capital-punishment due-process false-evidence giglio-v-united-states giglio-violation impeachment microscopic-hair-analysis prosecutorial-misconduct scientific-evidence |
Whether the prosecution violates Giglio v. United States and/or Brady v. Maryland |
| 20-5049 |
Kevin L. Martin v. John Galipeau, Warden |
Seventh Circuit |
2020-07-14 |
Denied |
Response WaivedIFP |
administrative-review brady-v-maryland civil-rights disciplinary-hearing disclosure-of-evidence due-process facility-proceedings giglio-v-united-states judicial-procedure prosecutorial-misconduct witness-credibility |
Whether the district court of appeals properly applied the standards of Brady v. Maryland and Giglio v. United States in evaluating the petitioner's c… |
| 20-5050 |
Ezra Leslie v. New York |
New York |
2020-07-13 |
Denied |
Response WaivedIFP |
constitutional-rights due-process fair-trial ineffective-counsel prosecutorial-misconduct reversal sixth-amendment structural-error |
Whether the defendant was denied his Sixth Amendment right to choose his own defense and his due process right to a fair trial due to trial counsel's … |
| 20-5023 |
Carter Vincent Anderson v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-07-10 |
Denied |
Response WaivedIFP |
appellate-review batson-challenge batson-violation constitutional-rights due-process evidence-preservation evidence-suppression evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Whether the District Court and Court of Appeal erred in review of claim presented which clearly show ineffective assistance of counsel on both trial a… |
| 20-5010 |
Danny Lee Warner, Jr. v. Montana |
Montana |
2020-07-09 |
Denied |
Response WaivedIFP |
attorney-client-privilege due-process evidentiary-hearing eyewitness-identification fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment |
Is purposeful intrusion into attorney-client privilege per se prejudicial? |
| 19-8909 |
Grant Ruffin Haze v. Katy Poole, Administrator, Scotland Correctional Institution |
Fourth Circuit |
2020-07-08 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence-presentation exculpatory-evidence fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment trial-counsel witness-tampering |
Did the prosecution's intentional and repeated abuse of the witnesses and the selective theft of the petitioner's exculpatory legal materials, conceal… |
| 19-8920 |
Deshawn Colbert v. Sherry L. Burt, Warden |
Sixth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
confrontation confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel new-trial pre-arrest-silence prosecutorial-misconduct sixth-amendment |
Whether the appellant's Sixth Amendment right to confrontation was violated due to ineffective assistance of counsel |
| 19-8901 |
Fabian Fuentes Rosas v. Timothy Filson, Warden, et al. |
Ninth Circuit |
2020-07-06 |
Denied |
Response WaivedIFP |
due-process equitable-exception federal-habeas habeas-corpus material-misrepresentation ninth-circuit plea-agreement prosecutorial-misconduct state-court-proceedings statutory-interpretation |
Whether the Ninth Circuit failed to consider and decide one of the certified claims raised in Rosas's appeal |
| 19-1457 |
Matthew Hudak v. Illinois |
Illinois |
2020-07-06 |
Denied |
|
brady-obligations due-process exculpatory-evidence exculpatory-material guilty-plea impeachment-evidence prosecutorial-misconduct |
Whether the prosecution's Brady obligations allow the prosecution to deliberately suppress relevant impeachment or exculpatory material before a guilt… |
| 19-8856 |
Jason L. Brown v. Lisa M. Brown |
Third Circuit |
2020-06-30 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-trial due-process fair-trial free-speech judicial-management prosecutorial-misconduct standing |
Does a document have to be real to have standing? Has the lower court chosen its power? |
| 19-8823 |
Alex Joseph Pedrin, Jr. v. United States |
Ninth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct stash-house-sting |
Was Mr. Pedrin prejudiced by counsel's deficiencies? |
| 19-8808 |
Randolph Ashford v. Michael Stephan, Warden |
Fourth Circuit |
2020-06-24 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-rights due-process evidence-tampering evidence-withholding ineffective-assistance ineffective-assistance-of-counsel jury-misconduct prosecutorial-misconduct trial-counsel |
Was the State of South Carolina City of Columbia violate Ashford's 4th, 5th, 6th, and 14th Amendment rights by withholding evidence |
| 19-8769 |
Daryll Shumake v. Virginia |
Fourth Circuit |
2020-06-22 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance-of-counsel investigative-report jurisdiction prosecutorial-misconduct trial-court |
Whether the trial court erred in denying the petitioner's motion for a new trial based on newly discovered evidence |
| 19-8696 |
Frank DiTomasso v. United States |
Second Circuit |
2020-06-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fair-trial free-speech ineffective-counsel prosecutorial-misconduct sentencing standing |
Whether there was a conviction of production of child pornography when nothing was ever asked for, such as pictures or video, and there was not even a… |
| 19-8701 |
Roger Allen Raymond v. United States District Court for the District of South Dakota |
Eighth Circuit |
2020-06-15 |
Denied |
Relisted (2)IFP |
aedpa Brady-violation constitutional-due-process due-process eighth-circuit exculpatory-evidence habeas-corpus post-conviction-relief prosecutorial-misconduct south-carolina successive-petition |
Whether the State of South Carolina commits a final byte power against the Eighth Circuit Court of Appeals' decision is a second or successive habeas … |
| 19-8706 |
Lester Thomas Butcher v. Texas |
Texas |
2020-06-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence-admission harmless-error prosecutorial-misconduct right-to-fair-trial texas trial-fairness |
Will this Supreme Court permit Texas prosecutors' claims of 'mistake and inadvertence' to excuse the denial of substantial constitutional rights? |
| 19-8713 |
Michael K. Bailey v. Lyneal Wainwright, Warden |
Sixth Circuit |
2020-06-15 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights discretionary-authority due-process false-evidence habeas-corpus liberty-interest parole parole-board prosecutorial-misconduct |
Can a state prisoner be incarcerated forever based on falsehoods to prejudice parole decisions? |
| 19-8629 |
Carpeah R. Nyenekor, Sr. v. United States |
Second Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
affidavit-falsification double-jeopardy dual-sovereignty due-process false-affidavit prosecutorial-misconduct res-judicata search-warrant |
Whether the Double Jeopardy Clause prohibits the federal government from re-indicting a defendant after a state court has dismissed the charges based … |
| 19-8643 |
Wallace Eugene Evatt, Jr. v. Michael Stephan, Warden |
Fourth Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
brady-violation civil-rights criminal-procedure due-process evidence exculpatory-evidence judicial-misconduct prosecutorial-misconduct witness-testimony |
Whether the judge and prosecutor failed to disclose evidence related to the victim's suicidal tendencies and prior suicide attempts, in violation of B… |
| 19-8647 |
Martin Diez v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
28-usc-2254 brady-disclosure brady-v-maryland cone-v-bell due-process federal-review habeas-corpus ineffective-assistance prosecutorial-misconduct strickland-standard strickland-v-washington |
Where the state courts did not address Petitioner's claim that the prosecution failed to disclose certain evidence under Brady v. Maryland, 373 U.S. 8… |
| 19-8614 |
Edward Leon Fields, Jr. v. United States |
Tenth Circuit |
2020-06-05 |
Denied |
IFP |
caldwell-v-mississippi capital-sentencing constitutional-review donnelly-v-dechristoforo due-process eighth-amendment jury-responsibility prosecutorial-misconduct |
Whether Donnelly and Caldwell remain good law and, if so, whether the Tenth Circuit erred in applying a fundamental-fairness analysis to reject Petiti… |
| 19-8618 |
Kareem Daniels v. Georgia |
Georgia |
2020-06-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process false-evidence false-testimony fourteenth-amendment misleading-testimony perjury prosecutorial-misconduct |
Whether the Constitution permits a prosecutor to knowingly use false or misleading testimony, as long as it does not constitute perjurious testimony |
| 19-8591 |
Frederick Pennington, Jr. v. Dexter Payne, Director, Arkansas Division of Correction, et al. |
Eighth Circuit |
2020-06-04 |
Denied |
Response WaivedIFP |
discovery-motions exonerating-evidence habeas-corpus juvenile-jurisdiction new-evidence post-conviction-relief post-conviction-remedies prosecutorial-misconduct sentencing sentencing-hearing |
Question not identified |
| 19-1338 |
Briley W. Piper v. Darrin Young, Warden |
South Dakota |
2020-06-04 |
Denied |
|
criminal-procedure cumulative-error ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver plea-bargaining pre-plea-advisory prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-jury-trial waiver-of-jury-sentencing waiver-of-jury-trial |
Whether the faulty pre-plea advising applies to both the waiver of jury trial and waiver of jury sentencing, requiring a remand to allow Piper to make… |
| 19-8577 |
Shane Roscoe v. Connie Horton, Warden |
Sixth Circuit |
2020-06-01 |
Denied |
Response WaivedIFP |
brady-violation confrontation-right confrontation-rights due-process forfeiture-by-wrongdoing hearsay hearsay-statements ineffective-assistance prosecutorial-misconduct sixth-amendment witness-credibility |
Whether the Fourteenth Amendment guarantee of due process is violated when the prosecution withholds impeaching evidence |
| 19-8557 |
Kallen E. Dorsett, Jr. v. United States |
Third Circuit |
2020-05-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing strickland-standard |
Does a prosecutor's threat to prosecute a defendant if he withdraws from his guilty plea invalidate the knowing, voluntary and intelligent clause unde… |
| 19-8542 |
Brian Lamar Brown v. Nevada, et al. |
Ninth Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure criminal-trial due-process fair-trial harmless-error jury-instructions legal-prejudice prosecutorial-misconduct |
Whether the prosecutor committed prejudicial misconduct during closing arguments? |
| 19-8546 |
Annamalai Annamalai and Parvathi Sivanadiyan v. United States |
Eleventh Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
bank-fraud constitutional-rights criminal-procedure due-process evidence-sufficiency federal-jurisdiction judicial-error new-trial procedural-misconduct prosecutorial-misconduct |
issues-being-raised |
| 19-8532 |
Lester B. Lynch v. Beth Cabell, Warden |
Virginia |
2020-05-23 |
Denied |
Response WaivedIFP |
brady-v-maryland burden-of-proof constitutional-rights due-process exculpatory-evidence habeas-corpus prosecutorial-misconduct strickler-v-greene |
Were the petitioner's 5th and 14th Amendment rights violated when the Commonwealth failed to provide the trial court with exculpatory evidence? |
| 19-8533 |
Michael A. Lajeunesse v. Megan Anne Chambers, et al. |
Eighth Circuit |
2020-05-23 |
Denied |
IFP |
brady-violation civil-rights civil-rights-statute constitutional-rights due-process evidence exculpatory-evidence judicial-notice prosecutorial-misconduct section-1983 standing |
Whether the petitioner can seek relief under 42 USC §1983, 1985, or 1986 for alleged conspiracy to withhold exculpatory evidence |
| 19-8529 |
Darryl Cain v. Randee Rewerts, Warden |
Sixth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial habeas-corpus harmless-error ineffective-assistance judicial-review procedural-default prosecutorial-misconduct witness-credibility |
Whether the prosecutor's remarks during rebuttal of injecting personal opinion and vouching for the credibility of a witness |
| 19-8516 |
Craig Mrazek v. Illinois |
Illinois |
2020-05-21 |
Denied |
Relisted (2)IFP |
automatic-reversal brady-violation civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct reasonable-assistance sixth-amendment |
Whether the Court's denial of petitioner's assertion of a Brady claim, specifically per se conflict, violates the Sixth Amendment guarantee to reasona… |
| 19-8479 |
Bernard J. Fleming v. United States |
District of Columbia |
2020-05-15 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process fair-trial personal-opinion prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility |
When do comments by a prosecutor in her final and rebuttal arguments to the jury in a criminal case that affirm the veracity of the government's chief… |
| 19-8468 |
Janice M. Shufford v. United States |
Sixth Circuit |
2020-05-14 |
Denied |
Response WaivedIFP |
conspiracy-charges criminal-history due-process evidence evidentiary-exclusion fair-trial indictment-defects judicial-discretion prosecutorial-misconduct witness-credibility |
Did the court of appeals properly affirm the trial court's prohibition of the defense from adducing evidence of prosecution witnesses' criminal histor… |
| 19-8444 |
Clarence Zacke v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-05-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-court-decisions judicial-precedent legal-exemption plea-agreement plea-bargaining prosecutorial-misconduct sentencing-guidelines state-courts |
Whether the integrity of the court requires enforcement of Rule 3.172(a) Fla. R. Criminal P. where the state has knowingly and intentionally violated … |
| 19-1277 |
David Thorpe v. Dexter Dumas, et al. |
Eleventh Circuit |
2020-05-12 |
Denied |
Relisted (2) |
42-usc-1983 absolute-immunity administrative-acts civil-rights due-process investigative-acts probable-cause prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 |
Whether a supervising Deputy District Attorney who assigned three (4) District Attorneys over a two-year period to a case that lacked probable cause (… |
| 19-8417 |
Dante C. Stone v. Kentucky |
Kentucky |
2020-05-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-syndication direct-appeal due-process government-corruption ineffective-assistance-of-counsel judicial-misconduct legal-ethics prosecutorial-misconduct |
Question not identified |
| 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 |
| 19-8389 |
Edward Yarbrough, Jr. v. J. Sullivan, Warden |
Ninth Circuit |
2020-05-01 |
Denied |
Response WaivedIFP |
bill-of-rights criminal-procedure due-process evidentiary-error federal-rules federal-rules-of-civil-procedure plain-error prosecutorial-misconduct remarks-authentication reversible-error trial-court |
Whether a prosecutor's uninvited inflammatory remarks made in summation, absent a timely explicit curative instruction, so infected the trial with unf… |
| 19-8379 |
Herbert Burgess v. Illinois |
Illinois |
2020-04-30 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-exclusion fair-trial judicial-bias judicial-misconduct prosecutorial-misconduct trial-bias witness-credibility |
Whether the trial court's repeated displays of bias, hostility, and animosity toward Herbert Burgess violated the standard for prejudice and bias |
| 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 |
| 19-8297 |
Leif O'Connell v. Dushan Zatecky |
Seventh Circuit |
2020-04-19 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance insanity-defense plea-bargaining prosecutorial-misconduct sixth-amendment |
Whether the Indiana courts erred in affirming the post-conviction court's decision despite the State's procedural default |
| 19-1218 |
Marcus Lee Robinson v. Colorado |
Colorado |
2020-04-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
civil-rights criminal-procedure due-process fair-trial jury-bias jury-trial plain-error prosecutor-misconduct prosecutorial-misconduct racial-bias racial-discrimination racial-prejudice |
Whether a prosecutor's blatant appeals to racial prejudice constitute plain error, even if the defendant cannot show that they altered the jury's verd… |
| 19-8253 |
Rudolph Churchill v. Pennsylvania |
Pennsylvania |
2020-04-14 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel |
Sixth Amendment-Ineffective-Assistance-of-Counsel |
| 19-8230 |
Alexander Kates v. New York |
New York |
2020-04-09 |
Denied |
IFP |
access-to-courts due-process fourth-amendment illegal-seizure ineffective-assistance-of-counsel plea-agreement property-return prosecutorial-misconduct retroactivity |
Whether a plea agreement to return illegally seized property in exchange for a guilty plea, induced by the prosecutor, is breached when the prosecutio… |
| 19-8222 |
Steven Mason v. United States |
District of Columbia |
2020-04-08 |
Denied |
Response WaivedIFP |
brady brady-violation criminal-procedure disclosure due-process exculpatory exculpatory-evidence impeachment jury-prejudice prosecutorial-misconduct severance trial-severance |
Whether the lower courts erred in finding that the Government's late disclosure of exculpatory and impeaching information did not prejudice the defend… |
| 19-8204 |
Arnold Eugene Fox, Jr. v. United States |
Sixth Circuit |
2020-04-07 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence-tampering fourth-amendment free-speech ineffective-counsel prosecutorial-misconduct search-warrant standing statutory-interpretation |
Does federal statute 18 U.S.C. § 2422(b) have an unconstitutionally vague residual clause? |
| 19-8205 |
In Re Jonathan E. Brunson |
|
2020-04-07 |
Denied |
IFP |
brady-v-maryland civil-rights constitutional-rights criminal-procedure discovery due-process evidence exculpatory-evidence post-conviction prosecutorial-misconduct trial-review |
Whether [Mr. Brunson's] right to discover exculpatory evidence is still enforceable |
| 19-8185 |
Floyd Dewaine Scott v. California |
Ninth Circuit |
2020-04-06 |
Denied |
IFP |
due-process eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Did the California State Superior Court violate the Petitioner's Due Process, Sixth Amendment, and Eighth Amendment rights |
| 19-8181 |
Arkeem Hakim Jordan v. North Carolina |
Fourth Circuit |
2020-04-03 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-disclosure particularity probable-cause prosecutorial-misconduct search-and-seizure speedy-trial |
Whether the search warrant and the resulting constitutionally and sufficiently particularized, and whether the officers were allowed to use their disc… |
| 19-8164 |
Eric T. Tolen v. Jeff Norman, Warden |
Eighth Circuit |
2020-04-02 |
Denied |
IFP |
brady-claim disbarment exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel legal-procedure manifest-error prosecutorial-misconduct trial-counsel trial-court withheld-evidence |
Whether the Lower Court committed a manifest error of law |
| 19-8148 |
Brent Douglas Cole v. United States |
Ninth Circuit |
2020-03-30 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights double-jeopardy due-process jurisdiction prosecutorial-misconduct separation-of-powers sovereignty standing territorial-jurisdiction venue |
Was the Federal court without jurisdiction because the cause did not constitute a Case, the court exceeded its authority, or venue? |
| 19-8110 |
DeVinche Javon AlBritton v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-03-26 |
Denied |
Response WaivedIFP |
adequate-state-ground brady-v-maryland brady-violation due-process federal-habeas habeas-corpus procedural-default prosecutorial-misconduct public-records state-procedural-ground |
Does the availability in Public Records qualify as an Independent or Adequate State procedural ground to bar a State prisoner's claim of prosecutorial… |
| 19-8064 |
Rubin Rurie Weeks v. Stan Payne, Warden, et al. |
Missouri |
2020-03-23 |
Dismissed |
Response WaivedIFP |
brady-violation constitutional-rights dna-evidence due-process forcible-rape habeas-corpus kidnapping prosecutorial-misconduct void-judgment |
Due-process,forcible-rape,kidnapping,brady-violation,dna-evidence,void-judgment |
| 19-8046 |
Michael Anthony Cervantes v. W. L. Montgomery, Warden |
Ninth Circuit |
2020-03-19 |
Denied |
Response WaivedIFP |
28-usc-2254 constitutional-rights due-process evidentiary-hearing habeas-corpus habeas-relief ineffective-assistance-of-counsel prosecutorial-misconduct standing statutory-interpretation witness-testimony |
Whether the district court erred in denying petitioner's habeas corpus petition under 28 U.S.C. § 2254(d)(2) where the district court failed to adequa… |
| 19-8047 |
Richard E. Daniel v. Timothy C. Ward, Commissioner, Georgia Department of Corrections |
Eleventh Circuit |
2020-03-19 |
Denied |
IFP |
coercion constitutional-rights criminal-procedure due-process equal-protection jury-selection peremptory-challenges plea-bargaining prosecutorial-misconduct racial-discrimination right-to-trial |
Whether a defendant has a constitutional right to withdraw a plea of not guilty and enter a plea of guilty over the objection of the trial judge |
| 19-7985 |
Charles Ray Hooper v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-v-united-states brady-violation certificate-of-appealability criminal-procedure due-process federal-courts government-misconduct guilty-plea plea-bargaining procedural-bar prosecutorial-misconduct |
Must a defendant continue to challenge a procedural bar ruling after being granted a Certificate of Appealability? |
| 19-7994 |
David Armondo Butler v. Florida |
Florida |
2020-03-16 |
Denied |
Response WaivedIFP |
adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage |
Was court-appointed counsel's decision not to seek video footage of alleged victim's prior acts of violence a violation of the Sixth Amendment right t… |
| 19-7982 |
Alex Penland v. Ohio |
Ohio |
2020-03-13 |
Denied |
IFP |
abuse-of-discretion criminal-conviction criminal-procedure due-process evidence false-testimony habeas-corpus judicial-fraud legal-remedy post-conviction-relief prosecutorial-misconduct trial-court-discretion |
Does the trial court abuse its discretion when it failed to entertain Penland's claim that his conviction was tainted by fraud when the prosecutor kno… |
| 19-1118 |
Jeffrey Todd Palumbo v. Connecticut |
Connecticut |
2020-03-12 |
Denied |
Response Waived |
criminal-procedure criminal-testimony doyle-v-ohio due-process exculpatory-evidence first-time-account impeachment miranda-rights Miranda-warnings prosecutorial-misconduct self-incrimination trial-procedure uncharged-misconduct |
Whether a prosecutor violates Doyle v. Ohio by eliciting the fact that an exculpatory story is being told for the 'first time' at trial |
| 19-7963 |
Yehowshua Yisrael v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-03-11 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights criminal-procedure due-process florida-constitution jurisdiction manifest-injustice miscarriage-of-justice procedural-due-process prosecutorial-misconduct substantive-due-process |
Did the trial Court and State of Florida Prosecutor invoked a miscarriage of Justice and manifest Injustice |
| 19-7917 |
Isaac Feldman v. United States |
Eleventh Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
antisemitic-reference antisemitism appellate-review conspiracy conspiracy-prosecution criminal-procedure double-jeopardy double-jeopardy-clause jury-verdict prosecution prosecutorial-misconduct |
Where a jury returns a final verdict on a charge of conspiracy, finding a defendant guilty of only one of multiple charged offense objects, is the gov… |
| 19-7902 |
In Re Darnell W. Moon |
|
2020-03-06 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct qualified-immunity standing takings |
Whether the 11th Circuit erred in dismissing petitioner's civil rights claims |
| 19-1094 |
James Milton Dailey v. Florida |
Florida |
2020-03-05 |
Denied |
|
brady-claim brady-v-maryland due-diligence exculpatory-evidence giglio-claim giglio-v-united-states jailhouse-informant jailhouse-informants materiality materiality-standard perjury prosecutorial-misconduct |
whether-a-defendant-advancing-a-brady-claim-must-demonstrate-due-diligence |
| 19-7813 |
Michael C. Jamerson v. Jason Lewis, Warden |
Missouri |
2020-02-28 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation due-process evidentiary-hearing exculpatory-evidence giglio-vs-united-states habeas-corpus napue-standard napue-vs-illinois perjured-testimony prosecutorial-misconduct witness-testimony |
Did the Missouri courts err in failing to find that the State's failure to disclose exculpatory evidence violated its obligation under Brady v. Maryla… |
| 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 |
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 jury… |
| 19-7795 |
Robert Alan Foster v. Willis Chapman, Warden |
Sixth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
civil-rights discovery-violation due-process equal-protection fair-trial first-amendment free-speech ineffective-assistance jury-instruction prosecutorial-misconduct racial-discrimination school-desegregation sixth-amendment standing voting-rights |
Whether the lower court erred in dismissing petitioner's claims for violation of the First Amendment and the Equal Protection Clause |
| 19-7765 |
William Reyes v. Robert Ercole, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2020-02-25 |
Denied |
Response WaivedIFP |
2254 conviction criminal-procedure due-process fair-trial habeas-corpus perjury prosecutorial-misconduct reasonable-likelihood section-2254 witness-testimony |
Is a defendant deprived of his right to due process of law when he would not have been convicted had perjury not been introduced at his trial? |
| 19-7769 |
Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2020-02-25 |
Denied |
IFP |
6th-amendment competency competency-to-stand-trial constitutional-rights criminal-investigation criminal-procedure due-process evidence fair-trial fifth-amendment ineffective-assistance-of-counsel interrogation law-enforcement plea-bargaining prosecutorial-misconduct self-representation |
Whether the petitioner's 6th Amendment right to a fair trial was violated due to ineffective assistance of counsel, prosecutorial misconduct, and lack… |
| 19-1045 |
Raminder Kaur v. Maryland |
Maryland |
2020-02-24 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
attorney-client-privilege constitutional-rights criminal-defendant criminal-procedure defense-counsel privileged-communications prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel work-product work-product-doctrine |
Whether the Sixth Amendment prohibits trial of a criminal defendant by prosecutors with extensive knowledge of both her privileged communications with… |
| 19-7712 |
Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-02-20 |
Denied |
IFP |
appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel |
Where Petitioner's counsel did not pursue his wishes to file an appeal, was he denied effective assistance of counsel? |
| 19-7666 |
Donniel Woods v. Aaron Joyner, Warden |
Fourth Circuit |
2020-02-13 |
Denied |
Response WaivedIFP |
506 U.S. 390 113 S.Ct. 853 122 L.Ed.2d 203 holdin federal-habeas-relief herrera-v-collins independent-constitutional-violation newly-discovered-evidence state-criminal-proceeding actual-innocence constitutional-violation due-process habeas-corpus herrera-v-collins ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-misconduct state-criminal-proceeding |
Has the Supreme Court of the United States overruled Herrera v. Collins, 506 U.S. 390 113 S.Ct. 853 122 L.Ed.2d 203 |
| 19-7601 |
Craig K. Garrett v. Joseph Madder, et al. |
Ninth Circuit |
2020-02-10 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure digital-privacy due-process effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel law-enforcement probable-cause prosecutorial-misconduct public-defender right-to-counsel search-and-seizure state-attorney |
Can the state of Colorado remove a defendant's right to effective assistance of counsel (trial and appellate) and use of a public defender due to pros… |
| 19-7587 |
Lannon Lavar Burdunice v. Minnesota |
Minnesota |
2020-02-07 |
Denied |
Response WaivedIFP |
acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence |
Must my conviction for second degree intentional murder be vacated and a judgement of acquittal entered |
| 19-7593 |
Young Yi v. United States |
Fourth Circuit |
2020-02-07 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation constitutional-rights criminal-procedure document-production due-process evidence exculpatory-evidence prosecutorial-misconduct restitution standard-of-review |
Whether the government violated its Brady obligations by producing voluminous documents without identifying one document as Brady material |
| 19-7578 |
Ray Edward Barry v. Patrick Warren, Warden |
Sixth Circuit |
2020-02-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion binding-over brady-violation circuit-court criminal-procedure dna-testing due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel ineffective-counsel lost-evidence prosecutorial-misconduct quash-information |
Did The District Court Abused Its Discretion In Binding Over To Circuit Court And The Circuit Court Erred In Refusing To Quash The Information? |
| 19-7547 |
Phillip Boyd Cashion v. Texas |
Texas |
2020-02-04 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure |
Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that 'y… |
| 19-7525 |
Gregory Joel Sitzmann v. United States |
District of Columbia |
2020-02-03 |
Denied |
Response WaivedIFP |
conflict-of-laws conflict-with-other-courts-of-appeals conflict-with-supreme-court court-of-appeals criminal-procedure drug-smuggling evidence federal-sentencing foreign-drug-smuggling ineffective-assistance-of-counsel jurisdiction jurisdiction-over-evidence pro-se-petition prosecutorial-misconduct |
Whether the district court lacked jurisdiction over evidence of foreign drug smuggling and whether the United States Court of Appeals for the District… |
| 19-7496 |
Garry Dean Stroner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-30 |
Denied |
Relisted (2)IFP |
constitutional-rights discrimination due-process effective-counsel fair-cross-section fair-trial impartial-jury intentional-exclusion jury-composition jury-selection presumption-of-innocence prosecutorial-misconduct systematic-exclusion |
Whether the right to an impartial jury was violated by the systematic exclusion of male venirepersons |
| 19-953 |
Charles Farrar v. Dean Williams, Executive Director, Colorado Department of Corrections, et al. |
Tenth Circuit |
2020-01-30 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split constitutional-law criminal-conviction due-process judicial-review material-evidence perjured-testimony perjury post-conviction-relief prosecutorial-misconduct |
Whether the Due Process Clause is violated when the prosecution relies on material, perjured testimony to secure a conviction but did not know the tes… |
| 19-7468 |
Donald R. Phillips v. Kentucky |
Kentucky |
2020-01-29 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-provisions constitutional-rights due-process false-answer implied-bias jury-selection material-error material-question prosecutorial-misconduct standing statutory-provisions voir-dire |
Whether a juror's responsibility to answer questions truthfully on voir dire continues through trial |
| 19-7473 |
Milon Jarr Brown v. Michigan |
Michigan |
2020-01-29 |
Denied |
IFP |
civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment |
Was the petitioner denied a meaningful opportunity to present a complete defense? |
| 19-7485 |
Michael J. Aguon v. Warren L. Montgomery, Warden, et al. |
Ninth Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability confrontation-clause confrontation-clause-crawford-v-washington crawford-v-washington due-process effective-assistance-of-counsel gang-expert ineffective-assistance-of-counsel miranda-v-arizona miranda-warnings police-investigation police-officer-gang-expert prosecutorial-misconduct testimonial-hearsay |
Whether the prosecution's gang expert's hearsay testimony violated Crawford v. Washington |
| 19-7488 |
Donnie Cleveland Lance v. Benjamin Ford, Warden |
Georgia |
2020-01-29 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure death-penalty due-process equal-protection fourteenth-amendment grand-jury grand-jury-selection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Was petitioner denied his rights under the Sixth, Eighth, and Fourteenth Amendments when he was sentenced to death following his indictment by a non-r… |
| 19-7414 |
Latray Whitley v. Texas |
Texas |
2020-01-24 |
Denied |
IFP |
brady-disclosure-obligations brady-rule cooperation-agreement criminal-procedure due-process federal-inmates giglio-disclosure giglio-rule giglio-v-united-states impeachment-evidence materiality prosecutorial-misconduct state-prosecutors witness-testimony |
Whether the state district court's determination that written, 5K1 and Rule 35-based cooperation addenda, audio recorded communications, and audio rec… |
| 19-7395 |
Jean Crump v. United States, et al. |
Ninth Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process equal-protection false-arrest grand-jury-testimony ineffective-assistance-of-counsel ineffective-counsel judicial-bias prosecutorial-misconduct racial-bias racial-discrimination |
Whether a defendant's constitutional rights were violated when their court-appointed attorney failed to request a new judge despite being advised that… |
| 19-7360 |
Terry Simonton, Jr. v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2020-01-22 |
Denied |
IFP |
burden-of-proof certificate-of-appealability circuit-split constitutional-claim constitutional-substance federal-constitutional-substance habeas-corpus ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct |
Did a panel of the United States Court of Appeals for the Third Circuit err in denying Mr. Simonton a Certificate of Appealability |
| 19-7354 |
Lawrence Martin v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2020-01-21 |
Denied |
Relisted (2)IFP |
appellate-court capital-murder constitutional-law constitutional-rights criminal-procedure due-process hearing jurisdiction perjury prosecutor-misconduct prosecutorial-misconduct standing |
Whether state court violated A.C.A. 5-10-202 |
| 19-7318 |
John Henry Yablonsky v. California |
California |
2020-01-16 |
Denied |
Response WaivedRelisted (2)IFP |
adversarial-challenge civil-rights constitutional-law constitutional-rights due-process evidence-manipulation evidence-tampering fiduciary-duty fourteenth-amendment historical-accuracy prosecutorial-misconduct trial-integrity |
How can the Supreme Court of the United States uphold constitutional laws if the court allows state territories to plunder the cornerstones of those l… |
| 19-7277 |
Dora Moreira v. United States |
Eleventh Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process eighth-amendment excessive-fine ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct question-not-identified section-2255 sixth-amendment |
Whether the Court of Appeals created an irreconcilable conflict with precedential decisions by denying a certificate of appealability on a motion to v… |
| 19-7289 |
Willis Shane Gordon v. Sam Cline, Warden |
Tenth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines |
Issues being raised |
| 19-7290 |
Tamarkqua Garland v. New York |
New York |
2020-01-15 |
Denied |
Response WaivedIFP |
civil-rights coerced-confession constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct sixth-amendment speedy-trial |
Defendant's speedy trial rights violated |
| 19-7274 |
Gregory Bartko v. United States |
Fourth Circuit |
2020-01-14 |
Denied |
Response WaivedIFP |
actual-innocence brady-v-maryland brady-violation due-process exculpatory-evidence habeas-corpus impeachment-evidence perjured-testimony prosecutorial-misconduct wearry-v-cain witness-testimony |
Did the lower courts err in failing to properly review and conclude that the prosecution's withholding of exculpatory and impeachment evidence favorab… |
| 19-7275 |
Cecil Boyett v. New Mexico |
New Mexico |
2020-01-14 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure defense-rights discovery-rules due-process exculpatory-evidence expert-witness fourteenth-amendment habeas-corpus judicial-discretion prosecutorial-misconduct sixth-amendment state-court state-prosecution |
Whether petitioner Boyett's constitutional rights were violated by the Thirteenth Judicial District Court of New Mexico under the Due Process Clause o… |
| 19-7227 |
Santos Reyes-Villatoro v. United States |
Third Circuit |
2020-01-13 |
Denied |
Response WaivedIFP |
consciousness-of-guilt due-process evidence-tampering fair-trial false-evidence giglio-v-united-states judicial-review napue-v-illinois prosecutorial-misconduct right-to-a-fair-trial trial-fairness |
Whether a prosecutor's presentation of false or misleading evidence violates due process and requires vacating a conviction and remanding for a new tr… |
| 19-7189 |
Kevin D. Moore v. United States |
Fifth Circuit |
2020-01-08 |
Dismissed |
Response WaivedRelisted (2)IFP |
bias civil-rights criminal-indictment due-process federal-procedure federal-rules-of-criminal-procedure judicial-bias judicial-misconduct judicial-recusal prosecutorial-misconduct recusal standing |
Did the United States District Court (USDC) judge abuse his discretion in refusing to recuse himself |
| 19-7218 |
Oscar Amezcua Cabrera v. California |
California |
2020-01-08 |
Denied |
Response WaivedIFP |
constitutional-principles crawford-precedent crawford-v-washington due-process dying-declaration-exception fifth-amendment fourteenth-amendment hearsay hearsay-exception hearsay-rule prosecutorial-misconduct sixth-amendment testimonial-hearsay |
whether-dying-declaration-exception-overrides-crawford-v-washington |
| 19-7184 |
Stanley Brewer v. Robert F. Cunningham, Superintendent, Fishkill Correctional Facility |
Second Circuit |
2020-01-07 |
Denied |
Response WaivedIFP |
14th-amendment conflict-of-interest due-process habeas-corpus ineffective-assistance judicial-bias judicial-misconduct miller-el-standard prosecutorial-misconduct |
Did the United States Court of Appeals Second Circuit misapply the ruling in Miller-El v. Cockrell? |
| 19-843 |
Daniel K. Holtzclaw v. Oklahoma |
Oklahoma |
2020-01-06 |
Denied |
|
defense-counsel-exclusion dna-evidence due-process ex-parte-hearing exculpatory-evidence expert-witness fair-trial forensic-expert in-camera-hearing materiality-standard prosecutorial-misconduct |
What is the standard of materiality applicable in assessing the prejudicial impact of potential exculpatory evidence relating to the State's chief for… |
| 19-7150 |
Michael J. Walton v. Jack Kowalski, Warden |
Sixth Circuit |
2020-01-02 |
Denied |
Relisted (2)IFP |
appellate-procedure appellate-review child-witness criminal-conviction direct-appeal due-process false-testimony ineffective-assistance ineffective-assistance-of-appellate-counsel ineffective-assistance-of-counsel prosecutorial-misconduct witness-coaching |
Whether counsel was ineffective for failing to reveal indisputably false testimony and coaching to the 4-year-old child who gave the false testimony |
| 19-7099 |
Paul David Storey v. Texas |
Texas |
2019-12-31 |
Denied |
IFP |
constitutional-violation death-penalty due-process eighth-amendment habeas-corpus intentional-concealment prosecutorial-misconduct state-court-review state-habeas |
Whether it violates due process for a state court to deny substantive review of a constitutional violation in a death penalty case |
| 19-7136 |
Karen Lynn McClaflin v. United States |
Tenth Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
affidavit appeal appellate-procedure cja-appointment counsel-appointment criminal-justice-act criminal-justice-act-1964 criminal-procedure due-process fee-waiver in-forma-pauperis prosecutorial-misconduct sentencing standing writ-of-certiorari |
Whether the Tenth Circuit Court of Appeals erred in affirming the district court's denial of Ms. McClaflin's motion to dismiss the indictment on the b… |
| 19-7094 |
Ernest Lawrence v. Gurbir Grewal, Attorney General of New Jersey, et al. |
Third Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-review criminal-procedure custodial-interrogation due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights miranda-v-arizona police-interrogation prior-bad-acts prosecutorial-misconduct strickland-standard |
Whether The Lower Court's Decisions Were Contrary To Miranda v. Arizona, 384 U.S. 436 (1966) and Whether the Lower Courts Unreasonably Applied Miranda… |
| 19-7041 |
Pedro L. Ramirez-Rivera v. United States |
First Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland criminal-procedure direct-appeal due-process exculpatory-evidence post-conviction post-conviction-relief post-conviction-review prosecutorial-misconduct right-to-appeal |
Whether the United States Attorneys are obliged to disclose exculpatory evidence known to exist after the defendant has been convicted by trial by jur… |
| 19-7015 |
In Re Michael F. Harris |
|
2019-12-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-justice-system due-process effective-assistance-of-counsel fair-trial judicial-misconduct malicious-prosecution presumption-of-innocence prosecutorial-misconduct right-to-jury state-actors witness-tampering |
Whether malicious and vindictive prosecution threatens the criminal justice system |
| 19-6970 |
Monty Dwayne Sullivan v. Wyoming |
Wyoming |
2019-12-18 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment access-to-courts brady-v-maryland civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct |
Was Sullivan deprived of his Constitutional rights? |
| 19-6999 |
Charles Alan Dyer v. Jim Farris, Warden |
Tenth Circuit |
2019-12-18 |
Denied |
IFP |
civil-rights due-process exhaustion-doctrine exhaustion-of-state-remedies federal-review habeas-corpus habeas-corpus-review-2254-d-2-e-1 ineffective-assistance ineffective-assistance-of-counsel presumption-of-correctness prosecutorial-misconduct standard-of-review state-court-fact-finding state-court-factual-findings state-court-findings unreasonable-determination |
Whether a federal court is required to review the state court's finding of facts to determine if it is 'unreasonable' or can the court simply presume … |
| 19-6950 |
Christopher Brian Rogers v. Tammatha Soss, Acting Warden |
Ninth Circuit |
2019-12-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default prosecutorial-misconduct |
Whether the prosecutor's statements shifting the burden of proof to the defendant during closing arguments constituted prejudicial misconduct under Da… |
| 19-6923 |
Adrian Alaniz v. Scott Frauenheim, Warden |
Ninth Circuit |
2019-12-13 |
Denied |
Response WaivedIFP |
certificate-of-appealability confrontation-clause confrontation-clause-violation due-process harmless-error hearsay hearsay-evidence justifiable-homicide manslaughter prejudice prosecutorial-misconduct second-amendment self-defense standard-of-review |
Whether the conceded admission of gang hearsay evidence in violation of the Confrontation Clause was prejudicial |
| 19-756 |
Louis Taylor v. Pima County, Arizona, et al. |
Ninth Circuit |
2019-12-12 |
Denied |
Amici (4) |
civil-procedure civil-rights civil-rights-damages due-process habeas-corpus heck-doctrine plea-bargaining prosecutorial-misconduct wrongful-imprisonment wrongful-incarceration |
Whether Heck applies to a former prisoner who lacked an opportunity to challenge his conviction through federal habeas while incarcerated |
| 19-6909 |
Efrain J. Rosa v. R. L. Rhodes, Warden |
Ninth Circuit |
2019-12-11 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland brady-violation conviction-reversal criminal-justice criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fifth-amendment government-misconduct prosecutorial-misconduct |
Has the government's suppression of exculpatory evidence violated due process under the Fifth Amendment? |
| 19-6875 |
Travis Trevino Runnels v. Texas |
Texas |
2019-12-06 |
Denied |
IFP |
circuit-split constitutional-rights death-penalty due-process expert-testimony expert-witness false-expert-testimony false-testimony prosecution-misconduct prosecutorial-misconduct texas-death-penalty |
Whether the use of false expert testimony to obtain a death sentence violates due process, regardless of the prosecution's knowledge of the falsity |
| 19-6869 |
Michael Anthony Jefferson v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2019-12-05 |
Denied |
Relisted (2)IFP |
barker-v-wingo blackledge-v-perry civil-rights constitutional-rights criminal-procedure due-process motion-to-suppress prosecutorial-misconduct prosecutorial-vindictiveness speedy-trial vindictiveness |
Do prosecutors create the appearance and presumption of vindictiveness requiring dismissal of a case and violate the rule in Blackledge v. Perry |
| 19-702 |
Alen Dean O'Bryant v. Oklahoma |
Oklahoma |
2019-12-03 |
Denied |
|
credibility due-process evidentiary-bolstering minor minor-witness physical-evidence prosecutorial-misconduct sexual-assault vouching witness-credibility |
Does Due Process prohibit a State from presenting multiple witnesses and the prosecutor from vouching for the credibility of a minor complaining witne… |
| 19-6774 |
Albert Allen, Jr. v. United States |
Eighth Circuit |
2019-11-27 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure criminal-procedure-appeal due-process fair-sentencing-act ineffective-assistance-of-counsel mandatory-minimum mens-rea prosecutorial-misconduct sentencing sentencing-guidelines |
Whether the Court of Appeals Erred in Denying Petitioner's Application for a Certificate of Appealability |
| 19-685 |
Edward George McGregor v. Texas |
Texas |
2019-11-27 |
Denied |
Response RequestedRelisted (2) |
credibility cross-examination due-process false-testimony materiality prosecutorial-misconduct witness-credibility |
Is the materiality of false testimony knowingly used by the prosecution determined by asking whether the jury would have convicted the defendant had t… |
| 19-6754 |
Cesareo Vizcarra Medina v. California |
California |
2019-11-26 |
Denied |
IFP |
civil-rights constitutional-violations due-process fifth-amendment ineffective-assistance-of-counsel sixth-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment trial-procedure |
Whether trial counsel was ineffective for failing to object to prosecutorial misconduct that violated petitioner's constitutional rights under the 6th… |
| 19-6763 |
Anthony D. White v. Florida |
Florida |
2019-11-26 |
Denied |
IFP |
access-to-courts civil-rights constitutional-rights court-procedure criminal-procedure due-process hearsay judicial-misconduct judicial-obstruction open-courts pro-se-litigation prosecutorial-misconduct standing state-officials |
Whether it is constitutionally lawful to deny a pro se litigant access to the courts when obstructed by state officials |
| 19-6750 |
Ronnie R. Ceasar v. Louisiana |
Louisiana |
2019-11-25 |
Denied |
Response WaivedIFP |
abuse-of-power civil-rights conflict-of-interest due-process equal-protection prosecutorial-misconduct protected-class racial-animus |
Whether the prosecution of a case by a local district attorney violates due process and equal protection rights when the prosecution is motivated by r… |
| 19-6732 |
Martin Stanley Ivie v. Washington |
Washington |
2019-11-22 |
Denied |
IFP |
civil-rights constitutional-violations due-process evidence-tampering false-arrest false-evidence perjury police-misconduct prosecutorial-misconduct state-misconduct wrongful-conviction |
Whether state officials can use forged evidence to convict a U.S. citizen |
| 19-6646 |
Paul John Denham v. California |
California |
2019-11-15 |
Denied |
IFP |
constitutional-rights due-process evidence-fabrication false-testimony material-evidence materiality napue-v-illinois prosecutorial-misconduct pyle-v-kansas |
Whether Paul John Denham's Constitutional right to due process was violated |
| 19-6648 |
Ralph Loren Barenz II v. Alaska |
Alaska |
2019-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
community-condemnation criminal-procedure due-process false-testimony miranda-rights prosecutorial-misconduct protective-order |
Has the petitioner been deprived of due process? |
| 19-6632 |
Samier Patrick Clark v. United States |
Fifth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
adam-walsh-act civil-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-counsel prosecutorial-misconduct sentencing-guidelines |
Was petitioner subjected to violations of his Constitutional rights throughout the criminal prosecution? |
| 19-6636 |
Gregory Williams v. United States |
Eleventh Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
circumstantial-evidence constitutional-rights due-process fair-trial jury-bias jury-instructions prosecutorial-misconduct sentencing sentencing-reasonableness |
Whether the government violated Mr. Williams' constitutional right to a fair trial |
| 19-6645 |
In Re Morgan Allen Armstrong |
|
2019-11-14 |
Denied |
IFP |
civil-rights constitutional-claims criminal-procedure due-process fabrication-of-evidence fair-trial habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment standing |
Did the state court fabricate the evidence used to convict the petitioner, violate his right to a fair trial, and deny him due process? |
| 19-6592 |
Monir George v. Dana Metzger, Warden |
Third Circuit |
2019-11-13 |
Denied |
IFP |
appellate-procedure civil-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment |
Whether the trial court erred in denying the defendant's motion for a new trial based on the defense counsel's failure to disclose exculpatory evidenc… |
| 19-6597 |
Thiodore Igorovich Galitsa v. United States |
Second Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
credibility criminal-history criminal-procedure-due-process cross-examination dismissed-case dismissed-charges due-process fair-trial false-statements illegal-reentry prior-arrests prior-convictions prosecutorial-misconduct trial-fairness |
Was Mr. Galitsa denied his right to a fair trial? |
| 19-6612 |
Jerome Small v. Pennsylvania |
Pennsylvania |
2019-11-13 |
Denied |
Response WaivedIFP |
abuse-of-discretion brady-claim constitutional-procedure due-diligence judicial-discretion pcra-court-discretion plea-agreement prosecutorial-disclosure prosecutorial-misconduct timeliness |
Is there four (4) prongs to establishing a Brady claim? |
| 19-6584 |
Steven Williams v. United States |
Second Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
cooperating-witnesses cooperation-agreement credibility-bolstering direct-examination due-process government-vouching prosecutorial-misconduct prosecutorial-vouching truth-telling witness-credibility witness-testimony |
Whether it is a violation of due process for the government to bolster the testimony of cooperating witnesses |
| 19-6549 |
Jose Laureano Salgado v. United States |
First Circuit |
2019-11-08 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland constitutional-rights criminal-appeal direct-appeal due-process exculpatory-evidence impeachment ongoing-disclosure pending-appeal prosecutorial-misconduct |
Does this Court's holding in Brady v. Maryland, 373 U.S. 83 (1963) require the Government to disclose, while an appeal is pending, exculpatory or impe… |
| 19-573 |
Jamil Abdullah Al-Amin v. Timothy C. Ward, Commissioner, Georgia Department of Corrections, et al. |
Eleventh Circuit |
2019-11-01 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
brecht-standard brecht-v-abrahamson closing-arguments constitutional-error fifth-amendment habeas-corpus harmless-error prosecutorial-misconduct substantial-defense |
Did the Eleventh Circuit improperly determine that the Prosecution's pattern of deliberate and egregious improper comments in closing arguments did no… |
| 19-6427 |
Ray A. Smith v. John Chapdelaine, Warden, et al. |
Tenth Circuit |
2019-10-31 |
Denied |
Relisted (2)IFP |
charging-document criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions professional-responsibility prosecutorial-misconduct standard-of-review sufficiency-of-evidence |
As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale fulfill their professional responsibilities and obligations… |
| 19-6362 |
Fernando Nunez v. Pennsylvania |
Pennsylvania |
2019-10-25 |
Denied |
Response WaivedIFP |
brady-doctrine brady-v-maryland constitutional-rights criminal-procedure discovery due-diligence due-process evidence evidence-disclosure exculpatory-evidence prosecutorial-misconduct |
Are criminal defendants required to plead and prove their due diligence as an additional element under Brady v. Maryland, 373 U.S. 83 (1963), and its … |
| 19-6380 |
Emerson L. Beverly v. Sherry L. Burt, Warden |
Sixth Circuit |
2019-10-24 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment criminal-procedure due-process eighth-amendment fair-trial fair-trial-14th-amendment fair-trial-6th-amendment fourteenth-amendment prosecutorial-misconduct red-herring sentencing-review sixth-amendment |
Did the prosecutor's repeated reference to petitioner's defense as a 'red hearing' constitute misconduct thereby denying petitioner a fair trial in vi… |
| 19-6381 |
Anthony Tyrone Brown v. Michigan |
Michigan |
2019-10-24 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel evidence evidence-suppression fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct sexual-activity-evidence witness-testimony |
Whether the petitioner's constitutional rights to a fair trial and effective assistance of counsel were violated |
| 19-6280 |
Jose Soto v. United States |
Ninth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process federal-courts federal-criminal-procedure harmless-error prosecutorial-misconduct |
Should the government bear the burden of establishing the harmlessness of a properly preserved claim of prosecutorial misconduct in a federal criminal… |
| 19-6231 |
William Dean Chapman v. United States |
Fourth Circuit |
2019-10-16 |
Denied |
Response WaivedRelisted (2)IFP |
aedpa aedpa-limitations circuit-split due-process equitable-tolling evidentiary-hearing fraud-upon-the-court habeas-corpus hill-v-lockhart holland-v-florida kyles-v-whitley lemaster materiality miller-v-united-states plea-agreement prosecutorial-misconduct raines-v-united-states rule-11 standing strickland supreme-court-precedent |
Is equitable tolling warranted when access to legal files and resources is severely hampered? |
| 19-6270 |
Darren Paul Odell v. Minnesota |
Minnesota |
2019-10-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process expert-witness ineffective-assistance-counsel ineffective-assistance-of-counsel interests-of-justice mental-illness newly-discovered-evidence post-conviction-relief professional-ethics prosecutorial-misconduct standing time-bar-exception |
Whether the Minnesota courts erred in denying Mr. Odell's post-conviction relief petition based on damaging letters from the state's expert witness, v… |
| 19-6251 |
In Re Adib Eddie Ramez Makdessi |
|
2019-10-11 |
Denied |
Relisted (2)IFP |
actual-innocence civil-rights constitutional-violations due-process extrinsic-fraud fraudulent-conviction habeas-corpus impeaching-evidence prosecutorial-misconduct suborned-testimony witness-tampering wrongful-conviction |
Whether newly discovered evidence of fraudulently concealed impeaching evidence and constitutional violations warrants reversal of petitioner's convic… |
| 19-6201 |
Ronn Darnell Sterling v. United States |
Eleventh Circuit |
2019-10-10 |
Denied |
Response WaivedIFP |
appeal bank-robbery constitutional-rights criminal-procedure due-process evidence-admission evidentiary-issues false-evidence improper-cross-examination ineffective-assistance ineffective-assistance-of-counsel prior-conviction-evidence prosecutorial-misconduct |
Whether the district court erred in rejecting the petitioner's claim within his § 2255 motion that pre-trial counsel was constitutionally ineffective … |
| 19-6237 |
Terry G. Watson v. Chantay Godert, Warden |
Eighth Circuit |
2019-10-10 |
Dismissed |
IFP |
actual-innocence brady-violation civil-rights constitutional-rights due-process fair-trial habeas-corpus ineffective-assistance-of-counsel ineffective-counsel judicial-bias prosecutorial-misconduct |
Whether the U.S. Court of Appeals for the Eighth Circuit erred in not granting a certificate of appealability on the petitioner's claims of prosecutor… |
| 19-6180 |
Dannie Joe Farnum v. Scott Frauenheim, Warden |
Ninth Circuit |
2019-10-07 |
Denied |
IFP |
child-competency confrontation-clause due-process fair-trial hearsay prosecutorial-misconduct right-to-confrontation right-to-fair-trial |
Whether the trial court violated a defendant's right to due process by admitting the prior statements of a 4 year old child without any inquiry into t… |
| 19-449 |
In Re Arthur Edward Ezor |
|
2019-10-04 |
Denied |
Response Waived |
constitutional-error criminal-procedure due-process equal-protection fair-trial prosecutorial-misconduct sixth-amendment writ-of-mandate |
Was it a denial of procedural and substantive due process for the lower Court to not order dismissal of the subject criminal case with prejudice again… |
| 19-6141 |
Donnie Ray Jose v. United States |
Ninth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure discovery-violation discovery-violations due-process judicial-discretion plea-negotiations prejudice prosecutorial-misconduct sanctions trial-strategy |
When a federal prosecutor concedes a serious discovery violation shortly before trial, should the district court's response take into account, among o… |
| 19-6150 |
Chad M. Cutler v. Illinois |
Illinois |
2019-10-03 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-procedure civil-procedure civil-rights criminal-procedure due-process evidence evidentiary-rules expert-testimony hearsay hearsay-statements prosecutorial-misconduct standards-of-review supreme-court-conflict |
Whether the Illinois Appellate Court and Illinois Supreme Court erred in their rulings on the admissibility of hearsay statements, the proper standard… |
| 19-6121 |
In Re Matthew Lee Staszak |
|
2019-10-02 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-violations cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mandamus prosecutorial-misconduct |
Should this Supreme Court issue the writ of mandamus to compel the district court to adjudicate petitioner's 28 USC § 2255 habeas corpus petition |
| 19-433 |
Patrick Emanuel Sutherland v. United States |
Fourth Circuit |
2019-10-02 |
Denied |
|
18-usc-1512 false-statements grand-jury nexus-requirement obstruction-of-justice obstruction-of-justice-18-usc-1512-c-2 plain-error plain-error-review prosecutorial-misconduct |
When does the 'nexus' requirement for obstruction of an official proceeding under 18 U.S.C. § 1512(c)(2) apply when false statements are made to a U.S… |
| 19-6110 |
Abimael Ayala-Gonzalez v. New York |
New York |
2019-10-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review brady-violation constitutional-duty criminal-procedure due-process eyewitness-identification federal-claim ineffective-assistance ineffective-assistance-of-counsel meaningful-representation-standard performance-prejudice-test prosecutorial-misconduct sixth-amendment state-appellate-court strickland-standard strickland-v-washington |
Does a state appellate court have a duty to resolve a federal claim of ineffective assistance of counsel claim under the Federal performance/prejudice… |
| 19-6029 |
Frank Jeffs v. Michael Overmyer, Superintendent, State Correctional Institution at Forest, et al. |
Pennsylvania |
2019-09-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process first-degree-murder habeas-corpus jurisdiction premeditated-murder prosecutorial-misconduct self-defense sentencing sentencing-order |
Whether the Pennsylvania Supreme Court was required to vacate and set aside the judgment and discharge the prisoner when the Commonwealth refused to f… |
| 19-6004 |
Lynn Taylor v. United States District Court for the Northern District of Texas |
Fifth Circuit |
2019-09-20 |
Denied |
IFP |
abuse-of-discretion affidavit civil-procedure court-procedure discovery discovery-violation due-process ineffective-counsel judicial-discretion misconduct prosecutorial-misconduct rule-60-motion standing |
Did the Northern District Court abuse its discretion in not forwarding the full discovery to the Fifth Circuit Court of Appeals? |
| 19-5998 |
Eric Matthew Frein v. Pennsylvania |
Pennsylvania |
2019-09-19 |
Denied |
IFP |
criminal-procedure harmless-error police-misconduct prosecutorial-misconduct right-to-counsel sixth-amendment structural-error trial-integrity |
When the Sixth Amendment right to counsel has attached, do efforts by police and prosecutors to physically prevent counsel from intervening in his cli… |
| 19-5994 |
Benjamin Justin Brownlee v. California |
California |
2019-09-18 |
Denied |
IFP |
civil-procedure criminal-law criminal-procedure due-process evidence evidence-code-section-352 jury-instructions prior-acts-evidence prosecutorial-misconduct right-to-fair-trial robbery-charges sixth-amendment standing |
Whether the lower court erred in its rulings on the admissibility of evidence and jury instructions, resulting in prejudicial impact on the defendant'… |
| 19-361 |
Renado Smith and Richard Delancy v. United States |
Eleventh Circuit |
2019-09-18 |
Denied |
Amici (3) |
confrontation-clause criminal-evidence criminal-procedure custody-release deposition-testimony due-process good-faith-effort investigative-steps prosecutorial-misconduct prosecutorial-procedure sixth-amendment testimonial-statement unavailability witness-unavailability |
Whether the government makes a good-faith effort to obtain a witness's presence at trial |
| 19-5917 |
Matthew A. Castro v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-09-11 |
Denied |
Response WaivedIFP |
11th-circuit 5th-amendment 6th-amendment constitutional-rights due-process effective-assistance-of-counsel fact-finding federal-courts fifth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment standard-of-review |
Whether the United States Court of Appeal for the Eleventh Circuit erred by unreasonably determining the facts based on a misreading of the state reco… |
| 19-5840 |
Andre Kenneth Stuckey v. California |
California |
2019-09-06 |
Denied |
Response WaivedIFP |
california-supreme-court civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-counsel right-to-fair-trial sentencing supreme-court-review |
Whether Andre Kenneth Stuckey Sr. is entitled to habeas corpus relief where his conviction and sentence were obtained in violation of his constitution… |
| 19-5855 |
Flenoid Greer v. Michigan |
Michigan |
2019-09-06 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence evidence-suppression government-misconduct prosecutorial-misconduct public-officials standing state-officials |
Whether Michigan public officials failed to perform their duties and deprived petitioner of due process of law? |
| 19-5811 |
Joe Edger v. United States |
Eighth Circuit |
2019-09-05 |
Denied |
Response WaivedIFP |
ambiguity conflict constitutional-rights contract-law court-of-appeals criminal-procedure criminal-process due-process government-discretion plea-agreement prosecutorial-misconduct |
Does the phrase 'cited in the defense of conviction' have a specific legal definition? |
| 19-5821 |
Robert Earl Robinson v. Arizona, et al. |
Arizona |
2019-09-05 |
Denied |
IFP |
appellate-jurisdiction appellate-review brady-v-maryland civil-rights constitutional-law constitutional-rights criminal-defense criminal-procedure cross-examination discovery due-process exculpatory-evidence prosecutorial-misconduct sixth-amendment standing statutory-interpretation |
Whether the petitioner's constitutional rights were violated when the state failed to disclose exculpatory evidence prior to trial |
| 19-5830 |
William H. Danielson v. New York |
New York |
2019-09-05 |
Denied |
Response WaivedIFP |
appeal-waiver civil-rights criminal-procedure due-process guilty-plea judicial-misconduct prosecutorial-misconduct regulatory-authority standing waiver-of-appeal |
Should judicial misconduct survive a waiver of appeal and guilty plea? |
| 19-303 |
Arthur Rodriguez Bautista v. Texas |
Texas |
2019-09-05 |
Denied |
|
appellate-review criminal-procedure due-process fair-trial habeas-corpus impartial-judge ineffective-assistance ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct |
Whether the trial judge's repeated improper comments throughout the trial demonstrated his bias in favor of the prosecution and denied Petitioner due … |
| 19-5800 |
Darren Denson v. Illinois |
Illinois |
2019-09-04 |
Denied |
IFP |
access-to-courts appellate-review civil-rights constitutional-claims cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct judicial-procedure post-conviction-relief prosecutorial-misconduct witness-testimony |
Whether the Eighth Amendment's prohibition on cruel and unusual punishment was violated when the petitioner was denied access to legal materials and 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 |
When the Government may use a defendant's statements from plea negotiations to rebut the defense at trial |
| 19-5740 |
Jeffrey L. Miller v. Kathy Brittain, Superintendent, State Correctional Institution at Frackville, et al. |
Third Circuit |
2019-08-28 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure deprivation-of-rights due-process false-evidence prosecutorial-misconduct self-defense wrongful-conviction |
Whether it is permissible to knowingly prosecute innocent non-criminal Americans |
| 19-5696 |
Adrian Francis Williams v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights custody discovery due-process fourth-amendment jurisdiction prosecutorial-misconduct sixth-amendment speedy-trial state-law |
Whether the petitioner's speedy trial rights were violated by the delay in bringing him to trial |
| 19-243 |
Richard M. Camacho v. United States |
Armed Forces |
2019-08-23 |
Denied |
Response Waived |
criminal-procedure due-process ineffective-assistance-of-counsel military-justice presumption-of-innocence prosecutorial-misconduct sexual-assault sixth-amendment sufficiency-of-evidence |
Whether the Army's Sexual Harassment Assault Response and Prevention Program (SHARP) reversed the constitutional presumption of innocence |
| 19-5659 |
Anthony L. Viola v. Bradley Tate, Warden |
Third Circuit |
2019-08-21 |
Dismissed |
Response WaivedRelisted (2)IFP |
actual-innocence circuit-split double-jeopardy due-process habeas-corpus prosecutorial-misconduct simultaneous-prosecution |
Whether the government can use a joint task force and the same prosecution team to prosecute a citizen in state and federal court at the same time |
| 19-5660 |
Alfonso Sanchez v. Pennsylvania |
Pennsylvania |
2019-08-21 |
Denied |
IFP |
circuit-split criminal-procedure double-jeopardy due-process fifth-amendment jury-verdict mistrial oregon-v-kennedy prosecutorial-misconduct reversal-of-conviction |
Does the Double Jeopardy Clause bar retrial when a prosecutor's misconduct, committed for the purposes of diminishing a defendant's chance of acquitta… |
| 19-5642 |
John Emmett Brown, Jr., and Derrick Louis Carter v. United States |
Ninth Circuit |
2019-08-20 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland criminal-procedure due-process duress-defense exculpatory-evidence government-disclosure materiality prosecutorial-misconduct witness-testimony |
In the context of a duress defense, is the government's untimely disclosure of exculpatory evidence material under Brady v. Maryland? |
| 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… |
| 19-5650 |
James Michael Williams v. Daniel Paramo, Warden, et al. |
Ninth Circuit |
2019-08-20 |
Denied |
Relisted (2)IFP |
brady-violations certificate-of-appealability due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing prosecutorial-misconduct second-jury-trial |
Whether the Ninth Circuit U.S. Court of Appeals erred in denying Certificate of Appealability to Petitioner |
| 19-5635 |
Shango Jaja Greer v. United States |
Ninth Circuit |
2019-08-19 |
Denied |
Response WaivedIFP |
brady-violation due-process grand-jury ineffective-assistance prosecutorial-misconduct sixth-amendment sufficiency-of-evidence |
Did the District Court improperly condone the prosecutor's profligate misconduct? |
| 19-5614 |
Robert Ricks v. United States |
Fifth Circuit |
2019-08-16 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure defense-witness due-process fifth-amendment immunity perjury perjury-threat prosecutorial-misconduct sixth-amendment witness-immunity witness-intimidation |
Whether the grant of use and derivative use immunity to a defense witness cured the government's misconduct when the case agent threatened the defense… |
| 19-5595 |
Marcel Malachowski v. United States |
Second Circuit |
2019-08-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process false-evidence government-misconduct government-misrepresentations habeas habeas-corpus ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct second-circuit |
Did the denial of COA violate due process |
| 19-5576 |
William Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility |
Seventh Circuit |
2019-08-13 |
Denied |
Response WaivedIFP |
abuse-of-discretion boone-county constitutional-rights hearsay hearsay-testimony ineffective-assistance-of-counsel judicial-discretion lafler-v-cooper plea-bargaining prejudice prosecutorial-misconduct right-to-effective-counsel sentencing |
Whether the additional sixty (60) years Taylor received at trial when attorney Allen Lidy failed to communicate the Boone County twenty (20) year plea… |
| 19-5532 |
Timothy W. Sparrow v. Rusty Washburn, Warden |
Sixth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-defective-indictment,double-jeo due-process evidentiary-rulings indictment-defect ineffective-assistance judicial-misconduct jury-representation jury-selection prosecutorial-misconduct sufficiency-of-evidence |
Was the indictment defective? |
| 19-5539 |
Nicholas Gilbert Beattie v. United States |
Eighth Circuit |
2019-08-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
breach-of-contract contract-law criminal-procedure due-process ethics plea-agreement prosecutorial-conduct prosecutorial-misconduct sentencing sentencing-recommendation |
Whether the prosecutor's conduct in speaking out of both sides of his mouth with respect to a sentencing recommendation they had agreed to make is a b… |
| 19-5415 |
Darryl Dewayne Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-31 |
Denied |
IFP |
28-usc-2254 certificate-of-appealability constitutional-review evidentiary-findings habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct standard-of-review strickland-standard strickland-v-washington |
Whether Applicant is entitled to a certificate of appealability or review by the Supreme Court |
| 19-5369 |
Willie Chambers v. Phil Hall, Warden |
Georgia |
2019-07-29 |
Denied |
IFP |
constitutional-rights double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel judicial-procedure multiplicitous-indictment post-conviction-relief presumption-of-innocence prosecutorial-misconduct reasonable-doubt right-to-fair-trial right-to-life-and-liberty state-court-review vindictive-prosecution |
Whether the petitioner has a valid claim of a constitutional right to be free from a vindictive and multiplicitous indictment that he now stands convi… |
| 19-5375 |
Sean Daniels v. Shane Jackson, Warden |
Sixth Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
actual-innocence due-process fifth-amendment ineffective-assistance judicial-misconduct prosecutorial-misconduct sixth-amendment |
Was Mr. Daniels denied effective-assistance-of-counsel |
| 19-5388 |
Marquis Travell Edwards v. United States |
Ninth Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure discovery due-process government-misconduct habeas-corpus pre-indictment-delay preindictment-delay prosecutorial-misconduct tactical-advantage |
Whether the Ninth Circuit Court of Appeals should have granted a certificate of appealability (COA) |
| 19-5302 |
Bryant Keith Williams v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-07-26 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment 8th-amendment appellate-review civil-procedure civil-rights constitutional-violations criminal-procedure cruel-and-unusual-punishment damages due-process free-speech habeas-corpus prosecutorial-misconduct standing |
Whether the State of Florida can impose a life sentence on an individual despite a jury's recommendation of a lesser sentence |
| 19-5352 |
Hal Bernard Black v. United States |
Eleventh Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
brady-v-maryland civil-rights,due-process,standing,civil-procedure, compulsory-process constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial government-liability notice-requirement procedural-fairness prosecutorial-misconduct |
Whether the lower courts erred in holding that there is no 'fair trial' at all when a defendant is denied the right to present a complete defense by t… |
| 19-5336 |
John S. Benchick v. United States |
Sixth Circuit |
2019-07-25 |
Denied |
Response WaivedIFP |
court-reporting due-process exculpatory-evidence government-misconduct mandatory-victims-restitution-act prosecutorial-misconduct restitution right-to-appeal trial-record trial-transcript unbiased-prosecutor witness-testimony |
Does the Defendant have a right to a true and correct record of his trial |
| 19-5284 |
Salvatore J. Moretti v. Bergen County Prosecutor's Office |
New Jersey |
2019-07-24 |
Dismissed |
Response WaivedIFP |
bank-robbery civil-asset-forfeiture civil-procedure civil-rights constitutional-rights due-process innocent-owner-defense jurisdictional-challenge opra police-misconduct political-corruption property-rights prosecutorial-misconduct standing |
Has Appellant Proven Liability in the Respondents, Bergen County Prosecutor's Office, Given the High-Profile Case Which Was Briefed by Deborah Poritz,… |
| 19-5296 |
Ozzie Davis v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2019-07-24 |
Denied |
Response WaivedIFP |
bruton-v-us criminal-conspiracy criminal-procedure due-process fair-trial-rights jackson-v-virginia prosecutorial-misconduct state-trial sufficiency-of-evidence supreme-court-precedent third-degree-murder |
Whether the Pennsylvania Superior Court's denial of the challenge to the sufficiency of the evidence resulted in an unreasonable application of Suprem… |
| 19-5281 |
Ronald Wesley Jiles v. Michigan |
Michigan |
2019-07-23 |
Denied |
IFP |
criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment fifth-amendment-right jury-bias jury-instructions prejudice prosecutorial-misconduct self-incrimination |
Whether a defendant's right to exercise his Fifth Amendment right was prejudiced by the prosecution's comments on it during closing arguments |
| 19-5263 |
Miah Stroud v. Shawn Brewer, Warden |
Sixth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
constitutional-right-to-defense constitutional-rights criminal-conviction criminal-procedure due-process expert-testimony expert-witness felonious-assault insufficient-evidence misidentification police-influence prosecutorial-evidence prosecutorial-misconduct second-degree-murder sufficiency-of-evidence witness-identification |
Did the courts erroneously deny Ms. Stroud's constitutional right to due process when she was convicted of second degree murder and three counts of fe… |
| 19-5256 |
Anthony J. Livingstone v. United States |
Armed Forces |
2019-07-19 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-rights criminal-procedure discovery due-process military-justice military-rules-of-evidence prosecutorial-misconduct sixth-amendment special-victims-counsel |
Was the 6th Amendment right to confront witnesses violated due to a misapplication of MRE 412? |
| 19-5231 |
James D. Thomas, Jr., aka Wayne Thomas v. New York |
New York |
2019-07-18 |
Denied |
IFP |
appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court |
Whether the People failed to establish beyond a reasonable doubt that Jones Thomas Knowingly Possessed the Cocaine? |
| 19-5227 |
John Francis Lechner v. United States |
Sixth Circuit |
2019-07-17 |
Denied |
Response WaivedIFP |
abuse-of-power atf civil-rights criminal-investigation due-process explosives-permit false-testimony federal-agent-testimony government-misconduct perjury prosecutorial-abuse prosecutorial-misconduct |
Did ATF Special Agent Timothy DeClaire misrepresent himself when he testified that John Lechner forged the explosives permit? |
| 19-5168 |
Stephenson Lamar Smith v. Ted Jackson, et al. |
Eleventh Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction prosecutorial-misconduct standing |
Whether the Double Jeopardy Clause of the Fifth Amendment protects an individual from being tried on different charges related to the same offense |
| 19-5146 |
Isiah Edward Gilliam v. Michigan |
Michigan |
2019-07-11 |
Denied |
IFP |
discovery discovery-violation due-process fair-trial habitual-offender ineffective-assistance-of-counsel jury-instructions mistrial prior-convictions prosecution prosecutorial-misconduct self-defense |
Was Mr. Gilliam denied due process and a fair trial |
| 19-5152 |
Daryll Keith Shumake v. Virginia |
Fourth Circuit |
2019-07-11 |
Denied |
Response WaivedIFP |
civil-rights confrontation-clause constitutional-rights court-filing due-process evidence-suppression exculpatory-evidence hearsay ineffective-assistance-of-counsel legal-access legal-materials prison-litigation prisoner-rights prosecutorial-misconduct |
How did the law waive the petitioner's right to confrontation? |
| 19-5132 |
Kenneth D. Sills v. Anne L. Precythe, Director, Missouri Department of Corrections |
Eighth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
batson-v-kentucky constitutional-rights criminal-procedure flowers-v-mississippi ineffective-assistance ineffective-assistance-of-counsel jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination sixth-amendment |
Whether certiorari should be granted where trial counsel was ineffective in failing to object to the prosecution's pretextual explanation for exercisi… |
| 19-5072 |
Troy Lee Bridges v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-03 |
Denied |
Relisted (2)IFP |
batson-challenge certificate-of-appealability fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel peremptory-strikes prejudice prosecutorial-misconduct standard-of-review voir-dire |
Did the Fifth Circuit err in deferring to the Federal court finding that Mr. Bridges was not prejudiced by his trial counsel,findings and the prosecut… |
| 19-5046 |
James Gregory Armistead v. David Millis, Superintendent, Hyde Correctional Institution |
Fourth Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance legal-documents prosecutorial-misconduct standing trial-error |
Whether the circuit court judges erred when the petition was denied a certificate of appealability, for clear violations where petitioner presented le… |
| 19-5012 |
Frank Sarcona v. United States |
Eleventh Circuit |
2019-07-01 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-issues constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel procedural-bar prosecutorial-misconduct |
Did the District Court and the Court of Appeals err in relying on procedural bar instead of the underlying constitutional issues by blocking a federal… |
| 19-5022 |
Brian K. Banks v. Louisiana |
Louisiana |
2019-07-01 |
Denied |
Response WaivedIFP |
404(b)-evidence appellate-review constitutional-rights criminal-procedure due-process evidence fair-trial fifth-circuit jury-trial legal-error louisiana-supreme-court prosecutorial-misconduct standard-of-review |
Did the Louisiana Supreme Court err in allowing the Fifth Circuit to contradict its own prior rulings by overruling the District Court's decision to n… |
| 19-5023 |
Jason Keith Walker v. United States |
Ninth Circuit |
2019-07-01 |
Denied |
Response WaivedIFP |
brady-v-united-states brady-violation due-process fifth-amendment giglio-v-united-states ineffective-assistance ineffective-assistance-of-counsel napue-v-illinois plea-bargaining plea-negotiations prosecutorial-misconduct sentencing sixth-amendment |
Whether the petitioner is entitled to a certificate of appealability |
| 18-9834 |
Carlos Alberto Ochoa-Orozco v. United States |
Fifth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
constitutional-error cumulative-error due-process fair-trial federal-rules-of-criminal-procedure ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct rule-18 sentencing sixth-amendment venue venue-challenge |
Whether the district court violated Appellant's right to due process and his Sixth Amendment right to a fair trial |
| 18-9845 |
Bradley Joseph Vanzant v. Keith Yordy, Warden |
Ninth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-violations criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct structural-error |
Did petitioner make an involuntarily unknown and unintelligent plea through ineffective assistance of counsel and violations of his 6th Amendment righ… |
| 18A1366 |
Julio Mario Haro-Verdugo v. United States |
Ninth Circuit |
2019-06-27 |
Presumed Complete |
|
conflict-of-interest constitutional-violation fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when an undisclosed romantic relationship exists b… |
| 18-9820 |
Jonathon Loyd Edick v. Michigan |
Michigan |
2019-06-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel judicial-bias legal-prejudice prejudice prosecutorial-misconduct standing trial-procedure |
Is petitioner entitled to relief where his constitutional rights are/were violated by receiving ineffective assistance of counsel at the trial court l… |
| 18A1363 |
Abimael Ayala-Gonzalez v. New York |
New York |
2019-06-26 |
Presumed Complete |
|
burden-of-proof circumstantial-evidence criminal-procedure due-process prosecutorial-misconduct racial-identification |
Whether a criminal defendant's due process rights are violated when a state court denies a requested racial identification charge and finds circumstan… |
| 18-9785 |
Wayne A. Hussar, II v. James C. Reynolds, et al. |
Ninth Circuit |
2019-06-25 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment probable-cause prosecutorial-misconduct search-and-seizure self-defense sentencing standing warrantless-search |
Whether the petitioner's due process and equal protection rights were violated when the state court dismissed his criminal case despite evidence of se… |
| 18-9795 |
Gregory A. Barto v. Mark Garmon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2019-06-25 |
Denied |
IFP |
certificate-of-appealability cross-examination due-process effective-cross-examination evidence-tampering habeas-corpus procedural-default prosecutorial-misconduct sixth-amendment state-court-review sufficiency-of-evidence |
Whether the court of appeals decision to deny a COA concluding that petitioner sufficiency of evidence claim was procedurally defaulted based on state… |
| 18-9765 |
Joseph Kinard v. United States District Court for the District of Columbia |
District of Columbia |
2019-06-24 |
Denied |
Response WaivedIFP |
bar-membership civil-rights constitutional-violation criminal-procedure discovery due-process evidence jurisdiction oath-of-office prosecutorial-misconduct state-court-review supreme-court-jurisdiction vagueness |
Whether a United States Attorney must be a member of the bar in the city or state to prosecute cases in the United States District Court and Superior … |
| 18-9771 |
Dennis William Robinson v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
constitutional-rights due-process effective-assistance-counsel effective-assistance-of-counsel evidence-suppression fair-trial iada-violation jury-instructions prosecutorial-misconduct speedy-trial suppression-of-evidence |
Did State Court violate Petitioner's constitutional rights? |
| 18-9711 |
David Meyers v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2019-06-20 |
Denied |
Relisted (2)IFP |
civil-rights compulsory-process constitutional-rights criminal-procedure due-process fail-to-strike-testimony fair-trial false-testimony ineffective-assistance ineffective-assistance-of-counsel intrinsic-fraud perjury post-conviction-relief prosecutorial-misconduct |
Did attorney Paul Roskins violate due-process, fail-to-strike-testimony, false-testimony, compulsory-process, ineffective-assistance-of-counsel |
| 18-9741 |
Quintin Irving Brown v. City of Richmond, Virginia |
Virginia |
2019-06-20 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel judicial-misconduct misdemeanor-reduction probation-violation prosecutorial-misconduct speedy-trial void-judgment |
When a trial occurs over a defendant's expressed objections to a violation of that state's statutory right to speedy trial, when should the conviction… |
| 18-9746 |
Marion Wilson, Jr. v. Benjamin Ford, Warden |
Georgia |
2019-06-20 |
Denied |
IFP |
capital-case criminal-procedure death-penalty due-process eighth-amendment fair-trial intent jury-instructions prosecutor-misconduct prosecutorial-misconduct standing |
Are due process and the Eighth Amendment violated when a prosecutor knowingly argues falsehoods about the defendant's culpable acts in order to incite… |
| 18-9754 |
Daniel Teitelbaum v. Neil Turner, Warden |
Sixth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
brady-violation constitutional-violation dna dna-evidence due-process fbi-codis-database guilty-verdict ineffective-assistance ineffective-counsel jury-unanimity new-evidence prejudice procedural-default prosecutorial-misconduct |
Did flaws in the FBI's CODIS DNA database prejudice the defendant and lead to a guilty verdict? |
| 18-9716 |
Andrew J. Hunter, Jr. v. Louisiana |
Louisiana |
2019-06-19 |
Denied |
Response WaivedIFP |
compulsory-process confrontation-clause constitutional-provisions criminal-procedure defense-rights due-process fair-trial judicial-bias prosecutorial-misconduct right-to-counsel subpoena-power |
Whether the petitioner's constitutional rights were violated by the state court's favoritism toward the victim, denial of the defense's right to subpo… |
| 18-9728 |
Sung Ho Park v. Tammy Foss, Warden |
Ninth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
confession due-process fair-trial ineffective-assistance interrogation involuntary-confession lesser-included-offense physical-incapacitation police-interrogation prosecutorial-misconduct right-to-counsel |
whether-park-could-make-a-voluntary-statement |
| 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 |
What is the proper framework for determining whether a prosecutor's improper propensity-based arguments related to 404(b) evidence warrant a new trial… |
| 18-9620 |
Christopher J. Miller v. Joel Martinez, Warden |
Ninth Circuit |
2019-06-13 |
Denied |
Response WaivedIFP |
child-abuse civil-rights criminal-law due-process emotional-harm legal-precedent mental-health non-sexual-touch prosecutorial-misconduct restitution |
Is being a pedophile criminal? |
| 18-9666 |
Jose Hernandez v. Massachusetts |
Massachusetts |
2019-06-13 |
Denied |
Response WaivedIFP |
appellate-review brady-v-maryland brady-violation due-process exculpatory-evidence fourteenth-amendment prejudice-standard prosecutorial-disclosure prosecutorial-misconduct witness-impeachment |
Whether the Due Process Clause of the Fourteenth Amendment is violated |
| 18A1306 |
Latif Shamsuddin v. New York |
New York |
2019-06-13 |
Presumed Complete |
|
burden-shifting criminal-trial due-process evidence-sufficiency prosecutorial-misconduct summation-comments |
Whether a prosecutor's statements during summation improperly shift the burden of proof in a criminal trial in violation of due process |
| 18-9637 |
Robert Travis Jenkins v. Kansas |
Kansas |
2019-06-12 |
Denied |
IFP |
administrative-law civil-rights compliance-burden constitutional-rights due-process equal-protection federal-regulations judicial-review jury-selection prosecutorial-misconduct racial-discrimination statutory-interpretation |
Whether the trial court erred in denying Jenkins' Batson challenge during jury selection |
| 18-9638 |
Jose Luis Barboza, Jr. v. Texas |
Texas |
2019-06-12 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence-tampering free-speech gang-membership patent prosecutorial-misconduct sentencing-guidelines standing trial-fairness |
Whether the defendant was improperly called a 'n****r lover' by the victim's attorney, resulting in a violation of due-process, free-speech, civil-rig… |
| 18-9625 |
Lawton Frederick Tyson v. Texas |
Texas |
2019-06-11 |
Denied |
Relisted (2)IFP |
constitutional-rights due-process equal-protection fair-trial grand-jury habeas-corpus jurisdiction prosecutorial-misconduct |
Were petitioner's due process & equal protection rights violated when trial court lacked proper jurisdiction? |
| 18-9590 |
Stephen Mayer v. United States |
Eleventh Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-33-b-1 criminal-procedure-33-b-2 federal-rules federal-rules-of-criminal-procedure giglio giglio-violations napue napue-violations new-evidence post-conviction-relief prosecutorial-misconduct |
Whether evidence of Giglio/Napue violations can be utilized as new evidence under Federal Rules of Criminal Procedure 33(b)(1) or if it is limited to … |
| 18-9566 |
Jason Brady Sain v. Oklahoma |
Oklahoma |
2019-06-06 |
Denied |
IFP |
closing-arguments credibility due-process fair-trial fourteenth-amendment prosecutorial-misconduct sixth-amendment theory-of-the-case witness-credibility |
Was petitioner's sixth and fourteenth amendment rights to a fair trial violated? |
| 18-9556 |
Charles R. Willard v. California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-06-05 |
Denied |
IFP |
certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment |
Is the low threshold for a certificate of appealability (COA) met on a claim that trial counsel provided prejudicially deficient performance when coun… |
| 18-9552 |
Patricia Gill v. Nyack College, et al. |
Second Circuit |
2019-06-04 |
Denied |
IFP |
bad-faith civil-procedure civil-rights constitutional-rights court-procedure due-process harassment in-forma-pauperis judicial-misconduct poor-person-status prosecutorial-misconduct standing state-officials |
Whether the prosecutions undertaken by state officials in bad faith with the intent to harass the defendant/Plaintiff and discourage her from exercisi… |
| 18-9517 |
Kenneth R. Isom v. Arkansas |
Arkansas |
2019-06-03 |
Denied |
Relisted (7)IFP |
adversarial-history bias coram-nobis criminal-procedure due-process judicial-impartiality judicial-recusal prosecutorial-bias prosecutorial-misconduct recusal trial-procedure |
Whether Pope and Isom's significant adversarial history created an unconstitutional risk of bias under the due process clause when Pope later sat as t… |
| 18-9527 |
Thomas Branagan v. Isidro Baca, Warden, et al. |
Ninth Circuit |
2019-06-03 |
Denied |
Response WaivedIFP |
child-victim civil-rights criminal-procedure due-process evidence evidentiary-issues ineffective-assistance-of-counsel prosecutorial-misconduct sexual-assault standing testimony-inconsistency witness-credibility witness-testimony |
Whether the defendant's constitutional rights were violated due to ineffective assistance of counsel and prosecutorial misconduct |
| 18-9497 |
Lloyd E. Austin, IV v. Bridgitte Amsberry |
Ninth Circuit |
2019-05-31 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel mental-competency plea-bargaining post-conviction-relief prosecutorial-misconduct sentencing |
Why would the petitioner accept a plea agreement to the worst case scenario without being of sound mind? |
| 18-9509 |
Robert Lehmann v. Scott Kernan, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-05-31 |
Denied |
Response WaivedIFP |
arizona-v-youngblood bad-faith-exception brady-v-maryland due-process evidence evidence-preservation fair-trial ineffective-assistance prosecutorial-misconduct scientific-evidence scientific-testing strickland-v-washington |
With the advancement of scientific testing methods of biological evidence, is the 'bad faith' exception to the failure to preserve evidence carved out… |
| 18-9478 |
David Rothenberg v. Florida |
Florida |
2019-05-30 |
Denied |
Response WaivedIFP |
affidavit constitutional-rights criminal-procedure double-jeopardy due-process mens-rea plea-bargaining probable-cause probable-cause-affidavit probation prosecutorial-misconduct |
Is the use by the prosecutor of a 'probable cause affidavit' containing averments contradictory to the alleged victim's own sworn statement to charge … |
| 18-1491 |
Kaitlyn Nguyen v. United States |
Ninth Circuit |
2019-05-29 |
Denied |
Response Waived |
5th-amendment constitutional-rights criminal-procedure due-process evidence evidence-admissibility evidence-admission fifth-amendment inflammatory-evidence medical-clinic patient-deaths prejudicial-evidence prosecutorial-misconduct |
Whether petitioner's right to due process of law under the 5th Amendment, U.S. Constitution was violated by the prosecution's introduction of highly i… |
| 18A1223 |
Keith Jerome Wright v. M. Eliot Spearman, Warden |
Ninth Circuit |
2019-05-28 |
Presumed Complete |
|
dna-evidence due-process fourth-amendment ineffective-assistance prosecutorial-misconduct search-and-seizure |
Whether the Fourth and Fourteenth Amendments require suppression of DNA evidence obtained through an allegedly unlawful arrest and seizure due to inef… |
| 18-9369 |
Wade Travis Webb v. County of Pima, Arizona, et al. |
Ninth Circuit |
2019-05-21 |
Denied |
Relisted (2)IFP |
citizen-rights civil-rights constitutional-violations criminal-procedure due-process government-accountability grand-jury grand-jury-system legal-accountability prosecutorial-misconduct standing |
Whether the grand jury system is inherently flawed by allowing the government to damage citizens without consequences for constitutional violations |
| 18-9278 |
In Re Edmond McClinton |
|
2019-05-17 |
Dismissed |
IFP |
actual-innocence civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel lack-of-due-process lack-of-jurisdiction miscarriage-of-justice probable-cause prosecutorial-misconduct |
There was no probable cause for arrest |
| 18-9261 |
Calmer Cottier v. United States |
Eighth Circuit |
2019-05-15 |
Denied |
Response RequestedResponse WaivedRelisted (7)IFP |
constitutional-rights cooperating-witness due-process fair-trial impartial-jury jury-deliberation prosecutor-stipulation prosecutorial-misconduct stipulation truthfulness witness-credibility witness-testimony |
Does the use of a prosecutor's stipulation that a cooperating witness is testifying truthfully violate the constitutional guarantees of a fair trial, … |
| 18-9289 |
In Re Michael Leon Haley, Sr. |
|
2019-05-15 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure criminal-sentencing due-process equal-protection false-testimony habeas-corpus ineffective-assistance-of-counsel miscarriage-of-justice prosecutorial-misconduct sentencing third-strike |
Whether petitioner is actually innocent of being eligible for a third-strike sentence under 42 PA. C. S. §9714(g) |
| 18-9227 |
Robert Sparks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-10 |
Denied |
IFP |
capital-punishment cross-examination due-process expert-testimony expert-witness false-testimony harmless-error jury-impartiality prosecutorial-misconduct |
Does cross-examination of a prosecution's expert cure all harm from that expert's repeated false testimony during a capital punishment proceeding, and… |
| 18-1413 |
Brandon D. Woodruff v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-10 |
Denied |
|
' 'habeas-corpus" ' 'prosecutorial-misconduct" ' 'right-to-confrontation" ' 'right-to-counsel" ' 'sixth-amendment" ' 'standard-of-review' certificate-of-appealability criminal-procedure due-process habeas-corpus jail-telephone-calls prosecutorial-conduct prosecutorial-misconduct right-to-counsel sixth-amendment |
Whether the denial of a certificate of appealability by the Fifth Circuit Court of Appeals constituted reversible error, given the prosecutor's violat… |
| 18-1393 |
William T. Walters v. United States |
Second Circuit |
2019-05-07 |
Denied |
|
criminal-procedure evidentiary-hearing grand-jury-secrecy presumption-of-prejudice prosecutorial-misconduct rule-6(e) rule-6e-violation structural-error |
Whether systematic and pervasive government misconduct that violates Federal Rule of Criminal Procedure 6(e) is structural error giving rise to a pres… |
| 18-9153 |
Albert Randolph v. Texas |
Texas |
2019-05-07 |
Denied |
Relisted (2)IFP |
appeals constitutional-law constitutional-provisions criminal-appeals criminal-procedure due-process fourteenth-amendment habeas-corpus legal-review prosecutorial-misconduct standing statutory-provisions supreme-court writ-of-certiorari |
Whether the Court of Criminal Appeals erred in denying Petitioner a new trial? |
| 18-9137 |
Michael D. Hickingbottom v. Indiana |
Indiana |
2019-05-06 |
Denied |
Response WaivedIFP |
brady-material civil-procedure civil-procedure-filing-deadlines due-process ineffective-assistance-of-counsel notice-of-appeal post-conviction-relief prison-mailbox-rule prosecutorial-misconduct standing |
Does the prison mailbox rule announced in Houston v. Lack, 487 U.S. 266 (1988) excuse the late filing of the notice of appeals which were filed in the… |
| 18-9149 |
John David Brookins v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2019-05-06 |
Denied |
Response WaivedIFP |
equal-protection evidence-suppression ineffective-assistance-of-counsel jury-selection peremptory-challenges prosecutorial-misconduct constitutional-rights due-process equal-protection ineffective-assistance-of-counsel ineffective-counsel jury-selection peremptory-challenges prosecutorial-misconduct |
Whether the petitioner's constitutional rights of due process and equal protection were violated in the lower court proceedings |
| 18-9083 |
Ken Gryder v. Laura Rudy, et al. |
Virginia |
2019-05-02 |
Denied |
Response WaivedIFP |
civil-rights county-taxation defamation-claim dmv-registration due-process employment-damages free-speech malicious-prosecution patent prosecutorial-misconduct sovereign-immunity standing takings unlawful-eviction |
Whether the issues raised in the SCOTUS petition for writ of certiorari are properly presented |
| 18-9094 |
Marty J. Hebert v. Louisiana |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment |
Has the State of Louisiana committed Constitutional Error in its refusal to Order production of Dr. Laga's grand jury testimony to petitioner? |
| 18-9051 |
Quintonius B. Golston v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-01 |
Denied |
IFP |
brady-v-maryland brady-violation circuit-conflict conflict criminal-procedure due-process evidence-suppression federal-question fifth-circuit important-question prosecutorial-misconduct |
Whether the United States Court of Appeals Fifth Circuit has decided an important federal question that conflicts with this Court in Brady v. Maryland… |
| 18-1342 |
Andrew Ndubisi Ucheomumu v. Attorney Grievance Commission of Maryland |
Maryland |
2019-04-25 |
Denied |
Response Waived |
attorney-discipline brady-v-maryland in-re-ruffalo quasi-criminal willner-v-committee 14th-amendment attorney-disciplinary-proceeding attorney-discipline brady-disclosure confrontation confrontation-rights due-process in-re-ruffalo prosecutorial-misconduct willner-v-committee |
Whether the State of Maryland violated Petitioner's 14th Amendment due process rights |
| 18-8922 |
In Re Efrain Campos |
|
2019-04-19 |
Denied |
IFP |
due-process fraud habeas-corpus parole parole-eligibility plea-agreement plea-bargaining prosecutorial-misconduct sentencing |
Was Petitioner Efrain Campos Denied A Fundamentally Fair Guilty Plea Procedural Execution |
| 18-8851 |
Lester James Smith v. Georgia |
Georgia |
2019-04-17 |
Denied |
Response WaivedIFP |
attempt-to-elude criminal-procedure double-jeopardy double-punishment due-process equal-protection evidence-collection federalism investigative-techniques law-enforcement probable-cause prosecutorial-misconduct sentencing single-incident single-jurisdiction |
Whether the State of Georgia erred in sentencing Mr. Smith to multiple punishments for a single criminal act of attempt to elude police |
| 18-8863 |
Neville Turnbull v. Glen Johnson, Warden |
Georgia |
2019-04-17 |
Denied |
IFP |
appellate-procedure civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion judicial-review legal-standard miscarriage-of-justice prosecutorial-misconduct standing trial-process |
Whether a State's highest court errs, and abuses discretion by refusing to remedy a prisoner's miscarriage of justice claim, critical to all parties i… |
| 18-8853 |
Cameron Brown v. California |
California |
2019-04-16 |
Denied |
IFP |
constitutional-rights court-proceedings double-jeopardy due-process jury-instructions jury-verdict lesser-included-offenses mistrial prosecutorial-misconduct trial-transcript |
Is the defendant convicted due to double jeopardy violation? |
| 18-1313 |
Michael Moran v. California |
Ninth Circuit |
2019-04-16 |
Denied |
Response Waived |
14th-amendment 5th-amendment constitutional-rights cumulative-effect cumulative-error due-process fair-trial in-custody-statements miranda miranda-rights prosecutorial-misconduct right-to-a-fair-trial right-to-counsel right-to-present-a-defense |
Could a jurist of reason find that the state court unreasonably applied clearly established federal law in determining that admission of petitioner's … |
| 18-8815 |
Scott Randall Reich v. Mike Slagle, Correctional Administrator, Mountain View Correctional Institution |
Fourth Circuit |
2019-04-15 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discovery due-process evidence evidence-suppression prosecutorial-misconduct speedy-trial standing witness-testimony |
Has rules of evidence precluded by Speedy Trial Act from being used to impeach witness testimony? |
| 18-8827 |
David McShan v. United States |
Sixth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
berger-standard berger-v-united-states criminal-procedure due-process evidence evidence-fabrication jury-bias nelson-v-colorado presumption-of-innocence prosecutorial-misconduct sentencing trial-fairness |
Where the government's case against a defendant is extremely weak, does the prosecutor's persistent misconduct during trial by making improper insinua… |
| 18-8734 |
Corey D. Phillips v. Illinois |
Illinois |
2019-04-10 |
Denied |
IFP |
civil-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-counsel witness-testimony |
Was the defendant's counsel ineffective for failing to properly investigate and present evidence of a plea agreement? |
| 18-1286 |
Brian D. Baur v. Pennsylvania |
Pennsylvania |
2019-04-10 |
Denied |
Response Waived |
castle-doctrine chain-of-custody civil-procedure civil-rights constitutional-rights due-process evidence-preservation ineffective-counsel law-of-the-case prosecutorial-misconduct reassignment sentencing standing use-of-force |
Whether the Law of the Case Doctrine is an issue in this case |
| 18-8651 |
Robert Butrim v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-04-01 |
Denied |
IFP |
actual-innocence due-process eighth-amendment fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence |
Whether the District Court's failure to address all the issues presented in the Habeas Corpus Petition deprived the Movant of a full review by the Cir… |
| 18-8591 |
Jose J. Salazar-Hernandez v. Texas |
Texas |
2019-03-28 |
Denied |
IFP |
14th-amendment child-sexual-assault confrontation-clause constitutional-violation criminal-procedure cross-examination due-process federal-habeas habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-misconduct statute-of-limitations victim-testimony |
Whether the 'beyond a reasonable doubt' standard was reasonably and rationally applied when the alleged victim of child sexual assault testified they … |
| 18-8585 |
Zhordrack Bloodywone v. Joseph Bellnier, Superintendent, Marcy Correctional Facility, et al. |
Second Circuit |
2019-03-27 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment 6th-amendment criminal-procedure due-process privacy right-to-counsel 6th-amendment appellate-jurisdiction constitutional-rights criminal-procedure due-process federal-appeals judicial-review prosecutorial-misconduct right-to-counsel trial-court |
Whether the petitioner's due process rights were violated by the prosecution's misconduct and the trial court's denial of his request for appointment … |
| 18-8564 |
Kelvin Wayne Heath v. Melinda K. Braman, Warden |
Sixth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
automatic-reversal compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel exculpatory-evidence fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct uniform-act-on-production-of-out-of-state-witnesse witness-tampering |
Whether the trial court erred in convicting the petitioner despite the lack of testimony from a key witness and the prosecutor's misconduct in handlin… |
| 18-8569 |
Melvin Bonnell v. Ohio |
Ohio |
2019-03-26 |
Denied |
IFP |
appellate-review capital-punishment dna-evidence dna-testing due-process hearsay hearsay-evidence prosecutorial-misconduct |
Whether a trial court may deny a DNA application in a capital case based solely on the untested hearsay of the prosecuting attorney and in contraventi… |
| 18-8576 |
Yusef Allen v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
brady-requirements brady-violation constitutional-rights conviction conviction-integrity criminal-conviction criminal-justice-system due-process integrity integrity-of-justice judicial-review prosecutorial-ethics prosecutorial-misconduct |
Whether the gross actions of prosecutorial misconduct were so egregious as to render the defendant's conviction unconstitutional |
| 18-8578 |
DeMarius L. Williams v. Illinois |
Illinois |
2019-03-26 |
Denied |
IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel post-conviction-relief prosecutorial-misconduct search-and-seizure sufficiency-of-evidence |
Whether petitioner's Fourth Amendment rights were violated when he was convicted of possession with intent to deliver a controlled substance beyond a … |
| 18-8550 |
Ernest M. Flowers v. Laura Uriarte, et al. |
Florida |
2019-03-25 |
Denied |
IFP |
8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus judicial-interpretation prosecutorial-misconduct sentencing trial-procedure |
Whether the petitioner was lawfully retained in the Florida Department of Corrections |
| 18-8533 |
Lance Williams v. California |
California |
2019-03-22 |
Denied |
Response WaivedIFP |
civil-rights criminal-appeal criminal-procedure due-process evidence evidence-admissibility habeas-corpus ineffective-appellate-counsel ineffective-assistance-of-counsel insufficiency-of-evidence intent invalid-illegal-strike perjury police-report prejudicial-1101(b)-evidence pro-se prosecutor-coercion prosecutorial-misconduct uncharged-act witness-credibility witness-description |
Whether the state courts erred in denying appeal on prejudicial 1101(B) evidence on uncharged act used to prove intent where the police report differs… |
| 18-8535 |
Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights |
Whether state statutes provide pre-trial remedies for prosecutorial overreaching by interlocutory appeal, and whether defense counsel's failure to per… |
| 18-8490 |
Bernard Mitchell v. California |
California |
2019-03-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review |
Did the court abuse its discretion in permitting the jury to be exposed to the nicknames 'Crip' and ''Scrap,' which have been taken as a suggestion th… |
| 18-8491 |
Ernest Marquis Flowers v. Laura Uriarte, et al. |
Florida |
2019-03-20 |
Denied |
IFP |
appeal civil-rights civil-rights-violation constitutional-rights criminal-procedure due-process habeas-corpus judicial-review malicious-prosecution prosecutorial-misconduct sentencing sixth-amendment unlawful-detention |
Whether petitioner was unlawfully detained in the Florida Department of Corrections under 'fully completed' to verdicts contrary to Florida Supreme Co… |
| 18-8462 |
William James Truesdale v. Florida, et al. |
Eleventh Circuit |
2019-03-19 |
Denied |
Response WaivedRelisted (2)IFP |
due-process equal-protection exculpatory-evidence fabricated-evidence fabrication-of-evidence fair-trial harmless-error ineffective-assistance-of-counsel prosecutorial-misconduct trial-error |
Whether the erroneously admitted evidence reviewed objectively in light of the entire record before the jury was sufficiently material to provide the … |
| 18-8466 |
Gregory Hunt v. Alabama |
Alabama |
2019-03-19 |
Denied |
IFP |
brady-v-maryland brady-vs-maryland capital-case capital-punishment constitutional-rights due-process expert-testimony false-evidence prosecutorial-misconduct strickler-v-greene strickler-vs-greene |
May the presentation of false evidence in a capital case be excused for want of diligence, when the evidence was challenged only after the State's exp… |
| 18-8425 |
Henry Johnson Lucas, Jr. v. Virginia |
Virginia |
2019-03-14 |
Denied |
Response WaivedIFP |
appeals brady-violation civil-procedure civil-procedure-appeal-timeliness-dismissal-rules- constitutional-violation due-process evidence-suppression new-trial-motion procedural-error prosecutorial-misconduct rules-of-court standing timeliness |
Did the Virginia Supreme Court rule erroneously in dismissing petitioner's appeal as being untimely under Rule 5:9(a) of the Supreme Court of Virginia… |
| 18-8434 |
Leif Halvorsen v. DeEdra Hart, Warden |
Sixth Circuit |
2019-03-14 |
Denied |
IFP |
amendment-of-habeas-petition clearly-established-law darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct white-v-woodall |
Whether the Sixth Circuit's ruling that a lack of Supreme Court case law dealing with a specific type of improper prosecution closing argument means n… |
| 18-1193 |
Brandon Lee Moon v. County of El Paso, Texas, et al. |
Fifth Circuit |
2019-03-14 |
Denied |
Response Waived |
absolute-immunity brady-violation circuit-split civil-rights constitutional-rights dna-testing due-process imbler-v-pachtman judicial-proceedings post-conviction post-conviction-DNA-testing prosecutorial-immunity prosecutorial-misconduct |
Prosecutorial misconduct in post-conviction DNA testing |
| 18-8356 |
In Re Steven Eason |
|
2019-03-08 |
Denied |
IFP |
actual-innocence civil-rights criminal-procedure due-process equal-protection habeas-corpus jurisdiction jurisdictional-limitations procedural-bars prosecutorial-misconduct state-law successive-habeas successive-petitions |
Whether the petitioner's fundamental constitutional right to due process was violated when the state prosecuted him on counts of his indictment becaus… |
| 18-8278 |
Timothy M. Schieve v. Indiana |
Indiana |
2019-03-07 |
Denied |
IFP |
civil-procedure civil-rights due-process false-testimony free-speech judicial-instructions jurisdiction prosecutorial-misconduct sentencing-reduction standing |
Why was the testimony of a 'mean person' who provided false testimonies to obtain a sentence reduction permissible? |
| 18-8240 |
Howard Anthony Moniz v. Michigan |
Michigan |
2019-03-06 |
Denied |
IFP |
conflict-of-interest due-process judicial-disqualification judicial-impartiality post-conviction-relief prosecutorial-bias prosecutorial-misconduct recusal recusal-standard |
Should the State Circuit Court Judge be disqualified from ruling on a collateral appeal for relief from judgment where he personally opposed post-conv… |
| 18-8297 |
John Baccus v. Edgar L. Clements, III, et al. |
Fourth Circuit |
2019-03-06 |
Dismissed |
IFP |
4th-amendment brady-v-maryland civil-rights criminal-procedure due-process evidence judicial-power prosecutorial-misconduct |
Whether the Fourth Circuit Court's proceedings that led to petitioner's sentence violated his constitutional and statutory due process rights |
| 18-1158 |
Jarrod Taylor v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2019-03-06 |
Denied |
Amici (1) |
appeals brady-violation certificate-of-appealability constitutional-law criminal-procedure due-process eleventh-circuit evidence habeas-corpus ineffective-assistance-of-counsel judicial-review jury-bias prosecutorial-misconduct trial-procedure |
Jarrod Taylor's habeas corpus claims challenging the State's concealment of evidence during his trial |
| 18-8218 |
Nathaniel Hoskins v. United States |
Seventh Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation confidential-informant criminal-justice-system criminal-procedure due-process evidence evidence-suppression materiality prosecutorial-misconduct rico-conspiracy suppression |
Whether the prosecution's pretrial evidentiary suppression of various law enforcement reports, interviews and statements favorable to the Petitioner v… |
| 18-8229 |
Sam Chinn, aka Sam Chinn, III v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2019-03-01 |
Denied |
IFP |
28-usc-455 28-usc-636 article-iii article-iii-section-2 article-iii-violation civil-procedure constitutional-claims due-process federal-rule-8 habeas-corpus judicial-disqualification magistrate-judge-process plea-bargaining prosecutorial-misconduct rule-60b-motion |
Whether the denial of a Rule 60(b) motion was an abuse of discretion when the motion was about a judge violating 28 U.S.C. § 455 |
| 18-8179 |
Keith Dwayne Lewis v. Warren L. Montgomery, Warden |
Ninth Circuit |
2019-02-28 |
Denied |
IFP |
28-usc-2254 civil-rights due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sentencing state-criminal-conviction sufficiency-of-evidence |
Whether a state criminal conviction violates due process when a state has unconstitutionally concluded the sufficiency of the evidence |
| 18-8154 |
Deondre D. Romero v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-27 |
Denied |
IFP |
and whether ineffective assistance of counsel dep due-process fair-trial false-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment victim-credibility witness-credibility |
Whether Petitioner's Fourteenth Amendment right to a fair and impartial trial was violated |
| 18-8118 |
Alvin Davis, Jr. v. Louisiana |
Louisiana |
2019-02-26 |
Denied |
Response WaivedRelisted (2)IFP |
batson-challenge batson-v-kentucky brady-v-maryland brady-violation criminal-procedure cross-examination due-process fair-trial fourteenth-amendment prosecutorial-misconduct second-amendment witness-tampering |
Was the Petitioner, Alvin Davis, Jr. denied a fair trial |
| 18-8127 |
Nguyen Vu v. Sandy L.V. Byrd, Judge, Court of Common Pleas of Pennsylvania, First Judicial District, et al. |
Pennsylvania |
2019-02-26 |
Denied |
Response WaivedIFP |
14th-amendment civil-rights cross-examination due-process evidence-suppression evidence-tampering fourteenth-amendment judicial-misconduct perjury prosecutorial-misconduct recusal |
Whether Petitioner's constitutional rights to due process under the Fourteenth Amendment were violated |
| 18-8141 |
Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-26 |
Denied |
IFP |
abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel |
Was trial counsel ineffective for not calling an alibi witness? |
| 18-8143 |
Stephen Talbert v. United States |
Eighth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery due-process fraud fraudulent-misrepresentation ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-trial voluntariness |
Can a defendant voluntarily and intelligently enter a plea where counsel fraudulently misrepresents a key fact |
| 18-8087 |
Joseph Michael Kurz v. Louisiana |
Louisiana |
2019-02-25 |
Denied |
Response WaivedIFP |
burden-of-proof capital-trial criminal-procedure due-process harmless-error judicial-discretion prosecutorial-misconduct sentencing sentencing-error standard-of-review statute-of-limitations time-limitations witness-testimony |
Whether the district court erred in allowing the State to prosecute the defendant for an allegation that the time limitations had expired |
| 18-8120 |
Jerry Lynn Lofton v. Mississippi |
Mississippi |
2019-02-25 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege |
Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his … |
| 18-1103 |
Paul Ross Evans v. United States |
Fifth Circuit |
2019-02-22 |
Denied |
Response WaivedRelisted (2) |
28-usc-2255 certificate-of-appealability choice-of-counsel civil-rights due-process effective-assistance habeas-corpus ineffective-assistance judicial-review prosecutorial-misconduct right-to-counsel standing |
Whether the right to choice of counsel or effective assistance is violated when counsel is appointed to represent fewer claims than the Government is … |
| 18-8022 |
Leonicio Arias Coreas v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2019-02-20 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence criminal-procedure dna-evidence due-process fourteenth-amendment fraud ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Did counsel fail to conduct a proper pre-trial investigation |
| 18-8033 |
Luis Alberto Montalvo Borgos v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2019-02-20 |
Denied |
Response WaivedIFP |
criminal-procedure drug-dealer due-process eyewitness-identification identification-procedure miscarriage-of-justice plain-error Prosecutor-elicited-testimony-about-witness-fear,c Prosecutor-stated-petitioner-was-known-drug-dealer prosecutorial-misconduct witness-testimony |
Was the identification of the petitioner unreasonably suggestive? |
| 18-8036 |
Edmund Boyle v. United States |
Second Circuit |
2019-02-20 |
Denied |
Response WaivedIFP |
28-usc-2255 brady-violation certificate-of-appealability due-process habeas-corpus judicial-review perjury prosecutorial-misconduct |
Whether a court of appeals should remand a habeas action where the lower court fails to fully adjudicate the underlying habeas claims on the merits an… |
| 18-8014 |
Wyley Tomas Baird v. Tammy Foss, Acting Warden |
Ninth Circuit |
2019-02-19 |
Denied |
IFP |
burden-of-proof civil-rights criminal-procedure due-process evidence federal-court ineffective-assistance-of-counsel judgment jury-instructions opinion petition prosecutorial-misconduct reasonable-doubt sexual-assault supreme-court writ-of-certiorari |
Was Petitioner denied due process of law and the right to be convicted only upon proof beyond a reasonable doubt? |
| 18-7969 |
Willie Ed Smith v. Mississippi |
Mississippi |
2019-02-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction criminal-procedure due-process equal-protection habeas-corpus illegal-sentence ineffective-assistance-of-counsel judicial-misconduct legal-procedure prosecutorial-misconduct sentencing sentencing-error |
Whether Smith's conviction and sentence derived from judicial misconduct |
| 18-7990 |
Demetrius Dwayne Brookins v. Florida |
Florida |
2019-02-15 |
Denied |
IFP |
civil-procedure civil-rights collusion due-process false-evidence ineffective-assistance-of-counsel prosecutorial-misconduct subornation-of-perjury |
Whether the available competent, credible, highly persuasive and exculpatory evidence conclusively establishes the petitioner's actual innocence, ther… |
| 18-8001 |
William Fykes v. West Virginia |
West Virginia |
2019-02-15 |
Denied |
IFP |
14th-amendment constitutional-rights credibility criminal-procedure due-process intent jury-instructions post-arrest-silence prosecutorial-misconduct self-incrimination |
Whether Petitioner's rights under the due process of law were violated where the trial Court committed reversible error by refusing to provide jurors … |
| 18-8004 |
Henry Lee Craig v. Jody Bradley, Warden, et al. |
Fifth Circuit |
2019-02-15 |
Denied |
IFP |
civil-rights due-process equal-protection judicial-misconduct judicial-oath prosecutorial-misconduct right-to-counsel right-to-fair-trial |
Did the Mississippi Attorney General and his assistant attorney general brief to the Mississippi Supreme Court of Appeals on page number 9 that the co… |
| 18-7975 |
William Krisstofer Wolf v. United States |
Ninth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights due-process evidentiary-hearing fifth-amendment ineffective-assistance ineffective-assistance-of-counsel perjury perjury-subornation prosecutorial-misconduct sixth-amendment |
Whether the Ninth Circuit's decision now conflicts with this court's long standing rulings on the known and willing use of perjury of material fact, t… |
| 18-7934 |
Seaun Llwellyn Farthing v. Dara Watson, Warden |
Fourth Circuit |
2019-02-12 |
Denied |
Relisted (2)IFP |
criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony |
Was trial counsel ineffective for failing to prevent prosecutorial misconduct? |
| 18-7858 |
Arif Majid v. Jeff Noble, Warden |
Sixth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
burden-of-proof closing-argument constitutional-rights due-process fair-trial jury-bias jury-instructions prosecutorial-misconduct religious-prejudice trial-fairness |
Whether a prosecutor's appeals to religious prejudice in closing argument and throughout trial to inflame the passions of the jury embody animus or of… |
| 18-7834 |
Brent William Bogseth v. Michigan |
Michigan |
2019-02-07 |
Denied |
IFP |
14th-amendment 5th-amendment closing-argument constitutional-rights criminal-procedure deliberation due-process evidence fair-trial fifth-amendment murder premeditation prosecutorial-misconduct self-incrimination |
Whether the lack of evidence to show the defendant actually committed the offense of murder means premeditation and deliberation cannot exist, or if t… |
| 18-7786 |
Roy Shotwell v. Kevin Genovese, Warden |
Sixth Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights criminal-procedure critical-stage dna-analysis dna-evidence dna-testing due-process effective-assistance ineffective-assistance-of-counsel procedural-due-process prosecutorial-misconduct sixth-amendment standing warrantless-seizure |
Whether the Tennessee courts abused their discretion in denying Petitioner's DNA and post-conviction relief |
| 18-7792 |
Anthony Donato v. United States |
Second Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
aedpa aedpa-standard antiterrorism-and-effective-death-penalty-act brady-violation brady-violation-disclosure circuit-court-split constitutional-disclosure constitutional-due-process due-process federal-review habeas-corpus prosecutorial-misconduct second-circuit-decision second-or-successive successive-habeas-petition |
Whether the Second Circuit's decision that petitioner's second-in-time Brady claim is successive conflicts with applicable decisions of this Court |
| 18-7702 |
George Reese v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-violations due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct vouching |
Whether the prosecutor committed misconduct |
| 18-7713 |
Darnell Grimsley v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2019-02-01 |
Denied |
Response WaivedRelisted (2)IFP |
ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-default prosecution-misconduct prosecutorial-misconduct sequestration sequestration-order sufficiency-of-evidence trial-testimony violation-of-sequestration-order |
Did the Third Circuit err in deferring to the district court's opinion that this issue was procedurally defaulted and finding that Mr. Grimsley was no… |
| 18-7622 |
Kendrick Bernard Demus v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-30 |
Denied |
IFP |
accomplice-witness accomplice-witness-rule criminal-sentencing due-process equal-protection habeas-corpus prosecutorial-misconduct sentencing |
Whether the prosecutor engaged in prosecutorial misconduct by having the petitioner's codefendant testify that he was not promised any leniency in exc… |
| 18-7653 |
Lonzo Bonner v. Michigan |
Michigan |
2019-01-29 |
Denied |
IFP |
brady-material due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel perjured-testimony probable-cause prosecutorial-misconduct |
Whether petitioner was deprived of his state and federal constitutional right to a fair trial and due process of law |
| 18-7594 |
James Randall Rogers v. Benjamin Ford, Warden |
Georgia |
2019-01-28 |
Denied |
Relisted (3)IFP |
capital-cases civil-rights death-penalty equal-protection habeas-corpus jury-discrimination jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination racial-exclusion standing |
Does Lanier's systematic discrimination against African Americans violate Strauder v. West Virginia, 380 U.S. 202 (1965), and Foster v. Chatman? |
| 18-7564 |
Jovan Howard v. Julie L. Jones, Secretary, Florida Department of Corrections |
Florida |
2019-01-24 |
Denied |
Relisted (2)IFP |
amended-information burglary-dwelling constitutional-rights criminal-procedure due-process habeas-corpus legal-remedy prosecutorial-misconduct unlawful-alteration unlawful-detention void-indictment |
Whether Habeas Corpus was the proper remedy for the petitioner unlawfully detained against his will |
| 18-7567 |
Ron Collins v. United States |
Seventh Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process eighth-amendment fair-sentencing-act ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sentencing sentencing-guidelines |
Whether the court of appeals erred in denying petitioner's application for a certificate of appealability |
| 18-7527 |
David Phillip Wilson v. Alabama |
Alabama |
2019-01-23 |
Denied |
IFP |
brady-evidence brady-v-maryland brady-violation co-defendant-statement criminal-procedure discovery due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel kaupp-v-texas probable-cause prosecutorial-misconduct wong-sun-v-united-states |
Whether the prosecution's failure to provide Brady evidence is excused by trial counsel's lack of diligence in pursuing that evidence, and whether Mr.… |
| 18-7512 |
Ronald Jackson v. Illinois |
Illinois |
2019-01-22 |
Denied |
Response WaivedIFP |
civil-rights compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process evidentiary-ruling ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-fair-trial sixth-amendment state-court subjective-intent |
Whether counsel provided ineffective assistance by failing to adequately investigate and present exculpatory evidence |
| 18-7455 |
Josue Israel Sanchez v. California |
California |
2019-01-17 |
Denied |
IFP |
burden-of-proof civil-rights criminal-procedure due-process fair-trial government-misconduct presumption-of-innocence prosecutorial-misconduct wrongful-conviction |
Whether the wrongful prosecution, conviction, and appeal of an innocent person is legally permissible despite the government's and society's unwilling… |
| 18-7461 |
In Re Brandon Lee |
|
2019-01-16 |
Denied |
Relisted (2)IFP |
affirmative-proof civil-rights constitutional-law due-process federal-procedure grand-jury indictment judicial-review judicial-supervision legal-standing prosecutorial-misconduct |
Whether the Supreme Court should invoke its judicial supervision power to prescribe standards of prosecutorial conduct before the grand jury when affi… |
| 18-7395 |
Wilfred H. v. West Virginia |
West Virginia |
2019-01-14 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland criminal-procedure discovery due-process evidence-suppression exculpatory-evidence materiality-standard prosecutorial-misconduct suppressed-evidence |
Under Brady v. Maryland, 373 U.S. 83 (1963), does the materiality standard require that the suppressed evidence directly go to proving any count again… |
| 18-7406 |
Benjamin James Boatman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-01-14 |
Denied |
IFP |
criminal-procedure cumulative-error drug-induced-psychosis due-process heat-of-passion ineffective-assistance jury-instructions prosecutorial-misconduct right-to-counsel |
Ineffective assistance of counsel |
| 18-7329 |
Phillip Dale Selfa v. United States |
Ninth Circuit |
2019-01-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-rights criminal-procedure criminal-prosecution double-jeopardy dual-sovereignty due-process federal-state-jurisdiction presumption-of-innocence prosecutorial-misconduct prosecutorial-vindictiveness |
Does the prophylactic presumption of prosecutorial vindictiveness (North Carolina v. Pearce, 395 U.S. 711 (1982)) apply when two different sovereigns … |
| 18-7380 |
Ricardo Glover v. Wisconsin |
Wisconsin |
2019-01-11 |
Denied |
Response WaivedIFP |
constitutional-rights conviction criminal-procedure deprivation-of-liberty due-process jurisdiction jurisdictional-challenge liberty prosecutorial-misconduct subject-matter-jurisdiction united-states-constitution |
Whether a person is deprived of their liberty when they are forcefully brought before a court in chains and shackles by the prosecution, the prosecuti… |
| 18-7298 |
Nicole M. Moore v. Florida |
Florida |
2019-01-10 |
Denied |
Response WaivedIFP |
brady-v-maryland civil-rights conviction criminal-procedure due-process false-testimony incarceration prison-sentence prosecutorial-misconduct state-action wrongful-conviction |
Whether the Due Process Clause excuses the State of Florida's use of false testimony in the procurement of a conviction and 13-year prison sentence wh… |
| 18-7308 |
Ronnie Junior Rodriguez v. United States |
Eleventh Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence expert-testimony expert-witness federal-agent jury-instructions photographic-evidence pro-se-defense prosecutorial-misconduct witness-testimony |
Whether the defendant's due process rights were violated when the government presented unreliable expert testimony and improperly influenced the jury |
| 18-7291 |
Dillon Wade Thompson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-08 |
Denied |
IFP |
constitutional-rights criminal-law criminal-procedure deliberation digital-cameras due-process evidence evidence-admissibility judicial-discretion jury jury-deliberations lewd-exhibition prosecutorial-misconduct trial |
Is it a violation of a defendant's Due Process rights if, while deliberating, the fact-finder viewed evidence that was not shown at trial, even if sai… |
| 18-7265 |
Rodney Scot Armstrong, Jr. v. Michigan |
Michigan |
2019-01-07 |
Denied |
IFP |
civil-procedure closing-argument de-novo-review directed-verdict legal-preservation motion objection preservation-of-error preservation-of-issues prosecutorial-misconduct standard-of-review trial-procedure |
Is a motion for a directed verdict an objection that preserves an issue for and mandates de novo review? |
| 18-7267 |
Mashawn Greene v. Scott Semple, Commissioner, Connecticut Department of Correction |
Connecticut |
2019-01-07 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-law constitutional-rights cooperating-witness criminal-trial criminal-trials due-process false-testimony government-witnesses prosecutor-duty prosecutorial-misconduct |
Whether the due process clause requires prosecutors to bear the burden of preventing and correcting false or misleading testimony by cooperating gover… |
| 18-7272 |
Juan Pablo Arreola v. United States |
Second Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
cocaine-trafficking criminal-procedure criminal-procedure-evidence due-process evidence evidence-admission indictment-scope jury-instructions prosecutorial-misconduct sentencing standards-of-review |
Whether evidence of uncharged cocain trafficking was admitted erroneously |
| 18-7229 |
Telisa De'Ann Blackman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-04 |
Denied |
Response WaivedIFP |
aedpa brady-claim brady-giglio-napue brady-rule burden-of-proof exculpatory-evidence federal-habeas federal-writ giglio-claim giglio-rule napue-claim napue-rule prosecutorial-misconduct successive-petitions |
Should a prisoner be substantively disadvantaged by having to meet a higher burden of proof on her Brady/Giglio/Napue claims because the prosecution h… |
| 18-7224 |
Jose Alejandro Acuna Valenzuela v. Arizona |
Arizona |
2019-01-03 |
Denied |
IFP |
constitutional-rights cruel-and-unusual-punishment due-process fair-trial heightened-reliability impartial-jury juror-bias jury-selection motion-to-vacate prosecutorial-misconduct |
Whether the trial court violated Mr. Acuna's constitutional rights to a fair and impartial jury, to due process, to heightened reliability, and to be … |
| 18-7172 |
Tomas Marco Keen v. Washington |
Washington |
2018-12-27 |
Denied |
IFP |
brady-v-maryland constitutional-rights criminal-procedure disclosure due-process exculpatory-evidence plea-bargaining plea-negotiations prosecutorial-disclosure prosecutorial-misconduct |
Does the prosecutor have a duty to disclose exculpatory information relating to threatened--but not filed--charges during plea negotiations? |
| 18-7189 |
George Leslie Manlove v. United States |
Ninth Circuit |
2018-12-27 |
Denied |
Response WaivedIFP |
constitutional-rights credibility due-process fact-finding fair-trial jury-role leading-questions prosecutorial-misconduct right-to-jury witness-credibility |
Was petitioner denied his constitutional rights, including his right to a fair trial, because the prosecutor's calculated, sustained, and improper use… |
| 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 for compensation for wrongful incarceration equitably tolled the petitioner's civil rights claims |
| 18-7100 |
Brian Simmons v. Michael Capra, Superintendent, Sing Sing Correctional Facility |
Second Circuit |
2018-12-20 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process fair-trial fraud-on-the-court ineffective-assistance ineffective-assistance-of-counsel judicial-review perjured-testimony perjury prosecutorial-misconduct |
Whether petitioner's justification defense was lost amongst the volume of prosecutors' use of false or perjured testimonies that went uncorrected |
| 18-7150 |
Daniel Hostetler v. Kentucky |
Kentucky |
2018-12-20 |
Denied |
Response WaivedIFP |
brady-violation brady-violation-suppression circuit-split constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea plea-agreement prosecutorial-misconduct suppression |
Whether material exculpatory evidence is unconstitutionally suppressed when the defense is made aware its existence and its content, but is later inco… |
| 18-7121 |
Donald Higgs, aka Kyle Beachum v. New Jersey |
New Jersey |
2018-12-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process grand-jury habeas-corpus prosecutorial-misconduct standing statutory-elements |
Whether the state's failure to subpoena the victim to the grand jury and instead rely on fabricated police reports and officer testimony violated the … |
| 18-7074 |
Gennaro Mattiaccio v. United States |
Fourth Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure double-jeopardy due-process jurisdiction prosecutorial-misconduct sentencing sufficiency-of-evidence |
Whether the evidence was insufficient to sustain the convictions on Count 3 |
| 18-7081 |
Marlon Dantruce Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-18 |
Denied |
IFP |
certificate-of-appealability constitutional-claims due-process false-testimony giglio giglio-v-united-states habeas-corpus habeas-corpus-review prosecutorial-misconduct slack-v-mcdaniel standing summary-judgment |
Whether Slack v. McDaniel requires a court of appeals to issue a certificate of appealability to a challenge a district court's holding that Giglio pe… |
| 18-7087 |
Daniel Lopez v. United States |
Tenth Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
circuit-court-conflict circuit-court-split circuit-split criminal-procedure due-process judicial-review plain-error plea-agreement prosecutorial-misconduct |
Whether the District Court committed plain error by allowing the prosecutor to commit prosecutorial misconduct by breaching the plea agreement |
| 18-772 |
Erasmo Aviles, Jr. v. United States |
Fifth Circuit |
2018-12-18 |
Denied |
|
compulsory-process constitutional-rights criminal-procedure due-process exculpatory-evidence exculpatory-testimony government-interests immunity prosecutorial-misconduct self-incrimination witness-immunity |
Does due process require a court to compel the government, on pain of dismissal, to seek immunity for an essential defense witness if government's int… |
| 18-7069 |
John Ludovici v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2018-12-17 |
Denied |
IFP |
14th-amendment brady-violation constitutional-violation criminal-procedure discovery due-process material-evidence misconduct prosecutorial-misconduct |
Did the Commonwealth commit misconduct when it intentionally withheld various forms of material evidence in violation of the 14th Amendment? |
| 18-765 |
James H. Brady v. New York, et al. |
New York |
2018-12-17 |
Denied |
Response Waived |
civil-procedure civil-rights discretionary-action due-process fifth-amendment fourteenth-amendment immunity legal-fees obstruction-of-justice property-rights prosecutorial-immunity prosecutorial-misconduct quid-pro-quo sanctions standing takings |
Did the Appellate Division, First Department err in finding Respondents immune pursuant to Imbler v. Pachtman, 424 U.S. 409 (1976)? |
| 18-7038 |
William Owens v. Texas |
Texas |
2018-12-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence material-evidence police-report prosecutorial-misconduct victim-credibility |
whether-state-withheld-material-evidence |
| 18-757 |
Teddy Chuang v. California |
California |
2018-12-13 |
Denied |
Response WaivedRelisted (2) |
brady-v-maryland brady-violation brady-vs-maryland california-penal-code-141 constitutional-mandate due-process evidence-concealment exculpatory-evidence penal-code-violation prosecutable prosecutorial-misconduct trombetta trombetta-standard trombetta-v-california |
Whether a case is prosecutable when the District Attorney commits a felony in violation of California Penal Code § 141, which violates Brady v. Maryla… |
| 18-6960 |
Craig Mack v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-07 |
Denied |
IFP |
civil-procedure civil-rights due-process free-speech standing takings civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct sentencing |
Whether the petitioner's constitutional rights were violated by errors in his criminal trial and sentencing proceedings |
| 18-6964 |
Henry L. Wallace v. United States |
District of Columbia |
2018-12-07 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure criminal-procedure-defects double-jeopardy due-process indictment-amendment ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect jury-instruction jury-instructions prosecutorial-misconduct standing |
Whether a jurisdiction defective indictment can be procedurally or time bar adjudication |
| 18-6910 |
Elseddig Elmarioud Musa v. United States |
Ninth Circuit |
2018-12-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-sufficiency fraud-allegations judicial-discretion jury-instructions motion-for-acquittal prosecutorial-misconduct rule-29-motion sufficiency-of-evidence |
Whether the district court improperly denied Musa's Rule 29 motion |
| 18-6894 |
David Crosby v. United States |
Ninth Circuit |
2018-12-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process evidence improper-vouching judicial-precedent legal-standard prosecutorial-misconduct |
Whether the Ninth Circuit's holding conflicts with the Seventh Circuit's and this Court's precedent as it concerns improper vouching |
| 18-6861 |
John Wilborn v. Kelly Ryan, Warden |
First Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
actual-innocence actual-innocence-claim certificate-of-appealability constitutional-violation constitutional-violations due-process evidence-tampering evidence-withholding probable-cause probable-cause-transcript prosecutorial-misconduct |
Where John Wilborn made an actual innocence claim, did the Commonwealth violate John Wilborn's rights by withholding the probable cause transcript fro… |
| 18-674 |
Jedidiah Isaac Murphy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-11-23 |
Denied |
|
brady-violation criminal-procedure-error cross-examination due-process expert-witness habeas-corpus ineffective-assistance-of-counsel materiality materiality-standard presumption-of-correctness prosecutorial-misconduct psychological-evaluation standard-of-review |
Whether the court of appeals erred in requiring that an expert witness, instead of trial counsel, correct the false impression that the prosecutor cre… |
| 18-669 |
Shane M. Gates v. Walter Reed, et al. |
Fifth Circuit |
2018-11-21 |
Denied |
Response Waived |
civil-rights conflict-of-interest criminal-procedure criminal-prosecution due-process hobbs-act insurance-interference malicious-prosecution prosecutorial-misconduct substantive-due-process |
Whether a District Attorney violated the Hobbs Act and denied due process by prosecuting a misdemeanor case at the behest of a liability insurer |
| 18-6742 |
Albert Uriah Mathis v. North Carolina |
North Carolina |
2018-11-20 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-misconduct mistrial prosecutorial-misconduct |
Can a judge order a mistrial in a case simply, so he may attend a Dr. appointment? |
| 18-6727 |
John C. Stojetz v. Tim Shoop, Warden |
Sixth Circuit |
2018-11-19 |
Denied |
IFP |
brady-violation capital-punishment due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel medical-records mitigation prosecutorial-misconduct ptsd racial-bias |
Has the Constitutional right to due process of law been violated where a prosecutor withholds prison medical records that substantiate a capital defen… |
| 18-6720 |
Joseph Witchard v. Bryan M. Antonelli, Warden |
Fourth Circuit |
2018-11-16 |
Denied |
Response WaivedIFP |
civil-rights civil-rights-violations criminal-procedure due-process false-charges judicial-notice prosecutorial-misconduct standing |
Does the prosecutor's egregious misconduct of filing false court documents unlawfully cause petitioner's unlawful prosecution and conviction? |
| 18-6666 |
Oscar Sosa v. United States |
Fifth Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
confrontation-clause crawford-v-washington criminal-procedure drug-trafficking due-process expert-testimony plain-error-review prosecutorial-misconduct sixth-amendment witness-credibility |
Whether a federal agent's testimony about an out-of-court agent's report of drug trafficking by an unindicted coconspirator violates the Confrontation… |
| 18-6704 |
Aaron Jonathon Zemke v. Michigan |
Michigan |
2018-11-14 |
Denied |
IFP |
abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion |
Whether Mr. Zemke received ineffective assistance of counsel under the Sixth Amendment |
| 18-6654 |
In Re Gary Ray Debolt |
|
2018-11-13 |
Denied |
Relisted (2)IFP |
brady-v-maryland civil-rights conviction criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Is it in violation of the fifth Amendment and Brady v. Maryland to convict a person with the use of false and manipulated evidence? |
| 18-6610 |
Mark Johnson v. Illinois |
Illinois |
2018-11-08 |
Denied |
Response WaivedIFP |
actual-innocence actual-perpetrator coerced-confession constitutional-rights criminal-procedure due-process exclusion-of-evidence fair-trial ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief prosecutorial-misconduct selective-prosecution successive-petition |
Whether the petitioner should be allowed to present newly discovered evidence of actual innocence in a successive post-conviction petition, despite th… |
| 18-6620 |
Joe Louis Armenta v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
28-usc-2254 aedpa deck-v-jenkins fourteenth-amendment habeas-corpus habeas-proceedings jury-instructions procedural-default prosecutorial-misconduct standard-of-review |
Do prior decisions of this Court compel the conclusion that so long as the jury is properly admonished and instructed, there cannot be a viable claim … |
| 18-6624 |
Farris Genner Morris v. Tennessee |
Tennessee |
2018-11-08 |
Denied |
IFP |
batson-challenge-review batson-v-kentucky collateral-review due-process equal-protection jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination |
Where the trial prosecutor's rationale for striking the lone black juror applied just as well to two white jurors, and the proof that the prosecutor's… |
| 18-6636 |
James Edward Griffin v. Eric Arnold, Warden |
Ninth Circuit |
2018-11-08 |
Denied |
IFP |
due-process evidence evidence-admission fair-trial fourteenth-amendment gang jury-instructions misconduct motorcycle-gang prosecutorial-misconduct |
Was appellant deprived of a fair trial and due process of law under the Fourteenth Amendment to the United States Constitution when the trial court al… |
| 18-6639 |
Stuart Dizak v. Brandon Smith, Superintendent, Mid-State Correctional Facility |
Second Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
actual-innocence conspiracy-charge criminal-procedure due-process ineffective-assistance-of-counsel jailhouse-informant judicial-misconduct jury-instructions jury-notes perjured-testimony perjury prosecutorial-misconduct |
Whether the state court failed to return the defendant to the courtroom upon receipt of two substantive jury notes, and whether the actual charge of c… |
| 18-6641 |
Antonio Fahie v. Neil McDowell, Warden |
Ninth Circuit |
2018-11-08 |
Denied |
IFP |
criminal-procedure due-process evidentiary-sufficiency ineffective-assistance-of-counsel plea-bargaining plea-withdrawal-motion prosecutorial-misconduct rape-charges right-to-counsel sentencing |
Why didn't the judge let the defendant take back their plea when counsel told the court the defendant never admitted to the rape charges? |
| 18-6576 |
Susan Kevra-Shiner v. United States |
Third Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fraud fraud-allegations indictment indictment-scope jury-instructions prosecutorial-misconduct verdict-slip |
Can a well written verdict slip cure the confusion created when the Government's Closing Argument and the Court's Jury Instructions constructively ame… |
| 18-6588 |
Lesley Eugene Warren v. Edward Thomas, Warden |
Fourth Circuit |
2018-11-06 |
Denied |
IFP |
capital-punishment character-evidence circuit-split civil-rights death-penalty due-process future-dangerousness parole parole-ineligibility prosecutorial-misconduct sentencing sentencing-procedure simmons-v-south-carolina |
Is it an unreasonable application of Simmons v. South Carolina for a State court to deny a parole ineligibility instruction where the prosecution repe… |
| 18-6558 |
Anthony James Merrick v. Arizona |
Arizona |
2018-11-02 |
Denied |
IFP |
appellate-counsel attorney-client-privilege constitutional-rights due-process effective-counsel evidence-exclusion false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct right-to-testify trial-procedure |
Did the Arizona State Courts err in finding Mr. Merrick was not entitled under the constitution to testify at trial even though he attempted to make a… |
| 18-6560 |
Wendell Weaver v. Walter Nicholson, Warden |
Seventh Circuit |
2018-11-02 |
Denied |
Response WaivedIFP |
counsel-of-choice criminal-procedure disqualification eyewitness-testimony ineffective-assistance prosecutorial-misconduct reasonable-alternatives right-to-counsel strickland-standard strickland-v-washington trial-court wheat-v-united-states |
Does Wheat v. United States clearly establish that trial courts must consider reasonable alternatives before disqualifying a criminal defendant's coun… |
| 18-6546 |
Alexander Castellano-Benitez v. United States |
Eighth Circuit |
2018-11-01 |
Denied |
Response WaivedIFP |
brady-v-maryland criminal-procedure due-process eighth-circuit evidence exculpatory-evidence Judicial-Precedent precedent Procedural-Review prosecutorial-misconduct Writ-of-Certiorari |
Should a writ of certiorari be granted to determine if the Eight Circuit and the lower court erred in failing to follow this court's prior precedent i… |
| 18-6524 |
Brian Thomas, aka O'Brian A. Thomas, aka Thomas A. O'Brian v. United States |
Fifth Circuit |
2018-10-31 |
Denied |
Response WaivedIFP |
appellate-standard berger-standard berger-v-united-states berger-v-us due-process fair-trial fifth-circuit harmless-error judicial-review jury-bias jury-misconduct procedural-violation prosecutorial-misconduct standard-of-review |
Whether the Fifth Circuit courts violated Berger v US after it conceded that the violations had occurred but deciding that it was 'implausible that it… |
| 18-6475 |
Lewis Wright v. Pennsylvania |
Pennsylvania |
2018-10-29 |
Denied |
Response WaivedIFP |
brady-violation confrontation-clause criminal-procedure cross-examination cross-examination-rights due-process evidence-disclosure fourteenth-amendment parole perjury prosecutorial-misconduct sixth-amendment witness-bias |
Whether the court of common pleas erred in limiting Mr. Stein's ability to establish witness Joseph Farley's bias |
| 18-6462 |
Juan Carlos Mendez v. California |
California |
2018-10-26 |
Denied |
Response WaivedIFP |
criminal-procedure cross-examination due-process fifth-amendment fourteenth-amendment prosecutorial-misconduct sixth-amendment |
Whether the prosecution's use of 'were they lying' questions and argument to secure a criminal conviction constitutes prosecutorial misconduct and vio… |
| 18-6428 |
Roberto Gonzalez Delacruz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-10-25 |
Denied |
IFP |
brady-violation certificate-of-appealability due-process due-process,habeas,materiality,scientific-evidence fifth-amendment fifth-circuit-review habeas habeas-corpus habeas-corpus-review materiality materiality-of-evidence materiality-standard prosecutorial-misconduct standard-of-review supreme-court-precedent |
Whether the United States Court of Appeals for the Fifth Circuit incorrectly denied a certificate of appealability |
| 18-538 |
Wendy A. Nora v. Wisconsin Office of Lawyer Regulation |
Wisconsin |
2018-10-24 |
Denied |
Response WaivedRelisted (2) |
due-process due-process-clause exculpatory-evidence fair-hearing first-amendment fourteenth-amendment lawyer-discipline petition-for-redress petition-rights procedural-due-process prosecutorial-misconduct |
Whether a lawyer can be disciplined based on evidence known by the state to be false and when the state suppresses exculpatory evidence |
| 18-6419 |
William L. Whipple v. Florida Department of Corrections |
Eleventh Circuit |
2018-10-24 |
Denied |
IFP |
actual-innocence brady-violation civil-rights dna-testing due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct skinner-v-switzer |
Whether additional DNA testing was wrongfully denied to demonstrate innocence (actual innocence exception) pursuant to the holding in Skinner v. Switz… |
| 18-492 |
David Souza v. California |
California |
2018-10-17 |
Denied |
Response Waived |
berger-standard berger-v-united-states constitutional-rights due-process false-testimony fourteenth-amendment napue-v-illinois napue-violation preliminary-hearing pretrial-proceedings prosecutorial-misconduct |
Does the state prosecutor's failure to acknowledge and correct false/misleading testimony at a preliminary hearing violate due process? |
| 18-6353 |
Michael Joseph Bien v. Texas |
Texas |
2018-10-17 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process legal-precedent prosecutor-misconduct prosecutorial-misconduct supreme-court supreme-court-jurisprudence supreme-court-precedent texas-court-of-criminal-appeals |
Whether a prosecutor who violates the Double Jeopardy Clause should have exclusive power to determine which of his unconstitutionally obtained convict… |
| 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… |
| 18-6275 |
Ricardo Lupian-Barajas v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-10-11 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process eleventh-circuit federal-rules-of-appellate-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings prosecutorial-misconduct sixth-amendment strickland strickland-standard |
Did the United States Court of Appeals for the Eleventh Circuit depart from the accepted and usual course of judicial proceedings when it failed to st… |
| 18-6283 |
Brent Douglas Cole v. United States |
Ninth Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
constitutional-safeguards fifth-amendment grand-jury individual-rights liberty prosecutorial-interference prosecutorial-misconduct separation-of-powers structural-error structural-protections |
Whether the indictment in this case should have been dismissed because the structural protections of the grand jury designed to safeguard individual r… |
| 18-6251 |
Lonnie James Pebley v. Colorado |
Colorado |
2018-10-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-misconduct reprosecution supervisory-authority trial-court |
Whether the federal double jeopardy protection barring reprosecution as a result of prosecutorial misconduct intended to provoke a mistrial was not sh… |
| 18-6260 |
Jaime Traverso v. Maryland |
Maryland |
2018-10-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-law constitutional-review criminal-procedure due-process evidence-withholding full-faith-and-credit full-faith-credit-clause judicial-discretion law-of-case perjury prosecutorial-misconduct standing withheld-evidence |
Did the Maryland court abuse its discretion by refusing to reopen the law of the case established by the testimony of a convicted perjurer, withheld f… |
| 18-6261 |
Ilich Vargas, aka Ilich Ernesto Vargas Romero v. John McMahon |
Ninth Circuit |
2018-10-09 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights due-process evidentiary-hearing habeas-corpus judicial-discretion judicial-misconduct pro-se pro-se-petition procedural-due-process prosecutorial-misconduct standing |
Whether a district court magistrate acts in excess of her discretion and outside the bounds of reason during the initial screening of a pro-se petitio… |
| 18-6214 |
Ricardo Rene Sanders v. Ron Davis, Warden |
Ninth Circuit |
2018-10-04 |
Denied |
Amici (1)IFP |
brady-violation brady-violations california-habeas cullen-v-pinholster death-row eighth-amendment evidentiary-hearing federal-habeas habeas-corpus materiality materiality-test ninth-circuit prima-facie-case prosecutorial-misconduct |
Whether the federal habeas courts should evaluate the summary denial of a California habeas petition based on whether the petitioner failed to allege … |
| 18-6168 |
Soon Young Kim v. California |
California |
2018-10-03 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process judicial-misconduct prosecutorial-misconduct standing |
What would You do against such jurists, tremendous crimes as the National matter!? |
| 18-6190 |
Simone Swenson v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
berger-v-united-states brady-v-maryland brady-violation deference-to-district-court due-process fifth-circuit-review indictment-dismissal judicial-deference judicial-discretion prosecutorial-misconduct structural-error supervisory-powers |
Did the Fifth Circuit err in reinstating the indictment despite the district court's finding that the prosecutor's misconduct destroyed the integrity … |
| 18-410 |
Corey D. Yates v. United States |
District of Columbia |
2018-10-02 |
Denied |
|
brady-doctrine brady-v-maryland brady-violation criminal-procedure disclosure due-process evidence-suppression federal-state-courts-split materiality preserving-brady-doctrine prosecutorial-disclosure prosecutorial-misconduct reasonable-diligence suppressed-evidence |
Whether a defendant must show he did not know of and could not have reasonably obtained the suppressed evidence to establish a Brady violation |
| 18-6182 |
Randolph Moore v. Nevada, et al. |
Nevada |
2018-10-02 |
Denied |
IFP |
brady-v-maryland capital-murder capital-punishment crucial-evidence due-process fair-trial habeas-corpus outcome-of-trial prosecutorial-misconduct withheld-evidence witness-tampering |
Whether the Brady v. Maryland standard requires a defendant to prove that withheld evidence is crucial, would affect the outcome, or affirmatively und… |
| 18-6094 |
Edgar Leopoldo Garcia-Martinez v. United States |
Tenth Circuit |
2018-09-25 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland confidential-informant dea discovery drug-conspiracy due-process expert-testimony false-swearing irs prosecutorial-misconduct ssa |
Is the prosecution required to supply information concerning the failure to report income to the IRS and the SSA by the DEA and its confidential infor… |
| 18-372 |
Ryan Joe Coddington v. Nevada |
Nevada |
2018-09-21 |
Denied |
Response Waived |
6th-amendment constitutional-rights due-process fair-trial impartial-tribunal judicial-bias judicial-ethics judicial-impartiality prosecutor-conflict prosecutorial-conflict prosecutorial-misconduct recusal |
Is a criminal defendant's constitutional right to a fair trial before a fair and impartial tribunal denied when the tribunal is linked by marriage to … |
| 18-369 |
Fidencio Valdez v. Texas |
Texas |
2018-09-20 |
Denied |
|
circumstantial-evidence constitutional-due-process criminal-procedure due-process false-evidence false-testimony perjury prosecutorial-misconduct tacit-agreement timely-objection trier-of-fact void-for-vagueness witness-testimony |
Whether a defendant must timely object to a prosecutor's use of false or perjured evidence |
| 18-357 |
Dragomir Taskov v. United States |
Ninth Circuit |
2018-09-19 |
Denied |
Response Waived |
actual-innocence constitutional-rights due-process due-process,ineffective-assistance,innocence,prose habeas-corpus ineffective-assistance ineffective-counsel prosecutorial-misconduct section-2255 statute-of-limitations timeliness |
Whether Petitioner's substantive claim of innocence and constitutional violations are barred as untimely due to prosecutorial interference, miscarriag… |
| 18-6038 |
Carlos D. Villavicencio v. Julie L. Jones, Secretary, Florida Department of Corrections |
Florida |
2018-09-19 |
Denied |
Relisted (2)IFP |
14th-amendment criminal-procedure double-jeopardy due-process jurisdiction nolle-prosequi prosecutorial-misconduct speedy-trial statute-of-limitations |
Whether the prosecution (State of Florida) retained jurisdiction after the speedy trial period expired |
| 18-343 |
Raiden J. Andrews v. United States |
Armed Forces |
2018-09-18 |
Denied |
Response Waived |
appellate-review chapman-v-california constitutional-error constitutional-provision-involved constitutional-rights due-process fifth-amendment harmless-error harmless-error-standard military-justice military-justice-system prosecutorial-misconduct |
Whether the lower court erred in failing to apply the harmless error standard to the prosecution's improper arguments |
| 18-6012 |
Lucious Wilson v. J. Soto, Warden |
Ninth Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
aedpa certificate-of-appealability constitutional-law darden-standard darden-v-wainwright due-process habeas habeas-corpus ninth-circuit non-unanimous-verdict prosecutorial-misconduct uncharged-conduct |
Is the Ninth Circuit's denial of a certificate of appealability (COA) on the claim that Wilson's conviction is unconstitutional due to prosecutorial m… |
| 18-6023 |
Lamar Atu Blackwell v. Matthew Hansen, Warden, et al. |
Tenth Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
28-usc-2254 due-process fourteenth-amendment habeas-corpus postconviction-procedure postconviction-review prosecutorial-misconduct strickland-standard strickland-v-washington swarthout-v-cooke unreasonable-application webb-v-texas |
Whether this Court's opinion in Webb v. Texas applies to prosecutors as well as judges |
| 18-5933 |
Mary Wilkerson v. United States |
Eleventh Circuit |
2018-09-11 |
Denied |
Response WaivedRelisted (2)IFP |
brady-doctrine brady-v-maryland due-process exculpatory-evidence federal-rules-of-evidence juror-dishonesty juror-misconduct kyles-v-whitley materiality post-trial-evidence prosecutorial-misconduct rule-of-evidence |
Whether, under Brady v. Maryland and Kyles v. Whitley, the courts may consider information that arises after trial in determining the materiality of s… |
| 18-5905 |
Cortez Moore v. Illinois |
Illinois |
2018-09-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial judicial-bias officer-testimony opening-argument prosecutorial-misconduct sixth-amendment testifying-officers witness-credibility |
Whether the State of Illinois deprived Cortez Moore of a fair trial where during opening argument it repeatedly characterized the testifying officers … |
| 18-287 |
Ron Neal, Superintendent, Indiana State Prison v. Frederick Michael Baer |
Seventh Circuit |
2018-09-05 |
Denied |
Relisted (3) |
antiterrorism-act antiterrorism-and-effective-death-penalty-act deferential-review habeas-corpus habeas-relief indiana-supreme-court ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct strickland-standard strickland-v-washington |
Did the Seventh Circuit violate the deferential review requirements of the Antiterrorism and Effective Death Penalty Act by disregarding the reasoned … |
| 18-269 |
Alan Mapuatuli, et al. v. Matthew G. Whitaker, Acting Attorney General |
Ninth Circuit |
2018-09-04 |
Denied |
|
attorney-client-privilege attorney-work-product civil-rights confidential-communication confidentiality criminal-procedure due-process federal-inmates prison-litigation-reform-act prosecutorial-misconduct sixth-amendment work-product-doctrine |
Sixth Amendment right to counsel violated by interception of prison emails with counsel |
| 18-5807 |
Peter R. Rubens v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-08-29 |
Denied |
IFP |
brady brady-violation cross-examination due-process prosecutorial-misconduct sixth-amendment structural-error witness-intimidation |
Does Webb v. Texas apply when it is the Orleans Parish District Attorney's Office who systematically threatens, coerces, intimidates, and actually off… |
| 18-5804 |
Abdoulaye Diallo v. United States |
Third Circuit |
2018-08-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fraud indictment-delay insufficient-evidence loss-calculation motion-for-acquittal prosecutorial-misconduct reasonable-doubt sentencing snap-fraud statutory-interpretation sufficiency-of-evidence |
Whether the District Court failed to grant Petitioner's motion for acquittal due to insufficient evidence of knowledge of fraudulent SNAP transactions |
| 18-5779 |
Ray Cobia v. Ohio, et al. |
Sixth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
2004-conviction 2012-conviction civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct sentencing |
Whether the petitioner was afforded due process in the 2004 conviction and 2012 conviction, and why the conduct was prosecuted so harshly |
| 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… |
| 18-5736 |
Joshua Moses v. United States |
Third Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel multiplicitous-indictment prosecutorial-misconduct sixth-amendment trial-counsel |
Whether the Prosecutor's conduct in charging petitioner with a multiplicitous indictment to gain a tactical advantage so infected the trial with unfai… |
| 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'? |
| 18-5766 |
Jian-yun Dong, aka John Dong v. United States |
Fourth Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
appellate-court-standard campaign-contribution campaign-contribution-violation campaign-finance civilian-affairs civilian-law-enforcement domestic-security-act jurisdiction-removal military-jurisdiction posse-comitatus-act prosecutorial-misconduct third-amendment |
Whether the Third Amendment protects civilians from military intrusion into law enforcement |
| 18-5723 |
Larry J. Kushner v. Gurbir Grewal, Attorney General of New Jersey, et al. |
Third Circuit |
2018-08-23 |
Denied |
IFP |
complex-case constitutional-rights due-process equal-protection federal-precedents judicial-review prosecutorial-delay prosecutorial-misconduct speedy-trial |
Did the State of New Jersey violate the defendant's constitutional right to a speedy trial? |
| 18-5649 |
Charles Richardson v. Jason Kent, Warden |
Fifth Circuit |
2018-08-20 |
Denied |
IFP |
criminal-appeal criminal-procedure due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel jury-selection prosecutorial-misconduct recusal trial-counsel venue |
Whether the prosecutor's improper arguments resulted in an unfair trial and a guilty verdict of murder instead of a lesser charge thereto? |
| 18-5628 |
John Richard Tacquard v. Arizona |
Arizona |
2018-08-17 |
Denied |
Relisted (2)IFP |
civil-rights compulsory-process due-process equal-protection evidentiary-standards post-conviction post-conviction-proceedings prosecutorial-misconduct supreme-court-precedent |
Whether the Arizona state courts violated the petitioner's due process rights by denying his post-conviction claims despite a lack of physical evidenc… |
| 18-5639 |
Daniel Castleman, aka Chingachgook v. United States |
Eleventh Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
best-evidence-rule brady-violation confrontation-clause documentary-evidence due-process evidence evidence-certification federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Did the government commit prosecutorial misconduct and was counsel ineffective for failing to object or move to exclude GX-DC-2 |
| 18-5609 |
Michael Alexander LaJeunesse v. Iowa |
Iowa |
2018-08-16 |
Denied |
Response WaivedIFP |
appeals civil-procedure civil-rights criminal-procedure due-process evidence medical-records prosecutorial-misconduct shower-curtain |
Whether the lower court erred in its analysis of the issues raised in the petition for writ of certiorari |
| 18-5615 |
Joel Chavira-Nunez v. United States |
Tenth Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 appellate-review brady-v-maryland brady-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing sentencing-modification tenth-circuit-review |
Whether the District Court erred in ignoring undisputed facts establishing a Brady violation before allowing conflicted defense counsel to withdraw |
| 18-5616 |
Robert Earl Clayborne, Jr. v. Nebraska |
Eighth Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights competency competency-hearing criminal-defense criminal-procedure due-process effective-assistance-of-counsel mental-disability mental-health prosecutorial-misconduct right-to-counsel sixth-amendment |
Whether the petitioner was denied due process and effective assistance of counsel when the state court refused to hold a competency hearing despite ev… |
| 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 |
Whether an individual can be convicted of obstructing justice when the underlying alleged crime being investigated was not a crime, and the DOJ used o… |
| 18-5562 |
Albert Norman Pierre, Sr. v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-08-14 |
Denied |
IFP |
circuit-court-split circuit-split constitutional-rights due-process fair-trial innocence perjured-testimony prosecutorial-knowledge prosecutorial-misconduct recantation victim-recantation |
Whether petitioner was denied due process and a fair trial due to victim's false testimony and post-trial recantation |
| 18-5563 |
Peter Cain Bruton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-13 |
Denied |
IFP |
closing-argument extraneous-offenses ineffective-assistance ineffective-assistance-of-counsel mistrial motion-in-limine prosecutorial-misconduct trial-counsel violation violation-of-court-order |
Is an attorney ineffective when he fails to support a motion for mistrial with a violation of Defense's Motion in Limine? |
| 18-5570 |
Ilich Vargas v. Superior Court of California, San Bernardino County |
California |
2018-08-13 |
Denied |
IFP |
civil-rights conflict-of-interest criminal-informants due-process evidence-suppression exculpatory-evidence fair-trial prosecutorial-misconduct sixth-amendment |
Whether district attorneys/prosecutors have a free-standing obligation to investigate and inquire into the backgrounds of criminal jailhouse informant… |
| 18-5542 |
Stephen Mayer v. United States |
Eleventh Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure criminal-procedure due-process forfeiture fraud judicial-procedure law-of-the-case prosecutorial-fraud prosecutorial-misconduct remand vacatur |
Whether the finding of fact prior to vacating the forfeiture order becomes 'Law-of-the-Case' upon remand |
| 18-5514 |
Robert Allen Wilkins v. Virginia |
Fourth Circuit |
2018-08-08 |
Denied |
IFP |
civil-procedure counsel due-process evidence sanctions standing due-process fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Whether the petitioner's Sixth and Fourteenth Amendment rights were violated by the court's errors, including failure to strike testimony, failure to … |
| 18-5472 |
In Re Alan James Hedrick |
|
2018-08-07 |
Denied |
IFP |
28-usc-2254 actual-innocence constitutional-claims habeas-corpus mcquiggin-v-perkins miranda-rights prosecutorial-misconduct successive-petition successive-petitions time-bar time-barred |
Whether McQuiggin v. Perkins permits a state court prisoner to rely on 'actual innocence' as a gateway to pursue constitutional claims that were previ… |
| 18-160 |
Charles G. Kinney v. United States Court of Appeals for the Ninth Circuit |
Ninth Circuit |
2018-08-06 |
Denied |
Response Waived |
abuse-of-discretion civil-rights civil-rights-violation civil-rights-violations due-process first-amendment hobbs-act honest-services judicial-discretion pre-filing-order prosecutorial-acts prosecutorial-misconduct |
Did this Ninth Circuit panel abuse its discretion in issuing a global pre-filing review order against Kinney? |
| 18-5453 |
Mark Elliott v. Carmen Denise Palmer, Warden |
Sixth Circuit |
2018-08-06 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland brady-violation confrontation-clause due-process due-process-brady-v-maryland favorable-to-accused hearsay-testimony ineffective-assistance ineffective-assistance-of-counsel material-evidence prosecutorial-misconduct remand-for-coa right-to-confrontation sixth-amendment |
whether-under-brady-and-its-progeny-the-prosecution's-intentional-nondisclosure-of-petitioner's-requested-911-audio-recordings-requires-his-conviction… |
| 18-154 |
Roderic Rooks v. Shawn Brewer, Warden |
Sixth Circuit |
2018-08-03 |
Denied |
Response Waived |
certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment franks-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-available-evidence pretrial-motion prosecutorial-misconduct |
Whether the district court erred in denying a certificate of appealability on petitioner's constitutional challenges to his state court conviction |
| 18-5433 |
Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-08-01 |
Denied |
Response WaivedIFP |
closing-argument constitutional-rights due-process effective-assistance-of-counsel fair-trial hearsay-evidence ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct right-to-testify sixth-amendment speedy-trial |
Was the petitioner denied her right to a fair trial and effective assistance of counsel? |
| 18-140 |
In Re Cliven Bundy |
|
2018-07-31 |
Denied |
Response Waived |
attorney-admission civil-procedure civil-rights district-court due-process free-speech judicial-error legal-admission mootness ninth-circuit pro-hac-vice prosecutorial-misconduct sanctions standing |
Whether the Ninth Circuit erred in failing to vacate the erroneous denial of Mr. Larry Klayman's admission pro hac vice despite the fact that it is no… |
| 18-144 |
Keith Byron Baranski v. United States |
Eighth Circuit |
2018-07-31 |
Denied |
Response Waived |
appellate-standard brady-giglio coram-nobis due-process materiality prosecutorial-misconduct prosecutorial-suppression second-or-successive-motions second-successive-motions sentencing-reduction suppressed-evidence suppression-of-evidence witness-credibility |
Whether, without briefing, a Court of Appeals may substitute the 28 U.S.C. §2255 standard for second or successive' motions by prisoners in custody fo… |
| 18-5389 |
Torrick Johntrelle Rodgers v. United States |
Fourth Circuit |
2018-07-30 |
Denied |
Response WaivedIFP |
exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree fruits-of-poisonous-tree ineffective-assistance-counsel ineffective-assistance-of-counsel plea-bargaining probable-cause prosecutorial-misconduct search-and-seizure search-warrant sentencing warrant |
Whether the district court should have suppressed all of the fruits of the poisonous tree based upon the found to be corrupted officials and the illeg… |
| 18-5395 |
Wayne Clyde Mezzles v. John N. Katavich, Warden |
Ninth Circuit |
2018-07-30 |
Denied |
IFP |
criminal-procedure-forfeiture defense-counsel due-process federal-claims forfeiture-bar jury-admonitions jury-instructions prosecutorial-misconduct sentencing sentencing-proportionality state-procedural-bar trial-court |
Does the state's application of a forfeiture bar for failure to request additional admonitions discriminate against federal claims? |
| 18-5337 |
Shawn Johnson v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2018-07-25 |
Denied |
IFP |
actual-innocence brady-violations certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-concession prosecutorial-misconduct recantation recanted-testimony self-defense witness-recantation |
Whether petitioner Shawn Johnson was denied due process and a fair trial due to newly discovered evidence of actual innocence and ineffective assistan… |
| 18-5338 |
DeLawrence A. King v. Ronald Erdos, Warden |
Sixth Circuit |
2018-07-25 |
Denied |
IFP |
certificate-of-appealability constitutional-rights due-process ineffective-assistance mens-rea procedural-default prosecutorial-misconduct self-defense sufficiency-of-evidence |
Did the Sixth Circuit Court error when it failed to grant Petitioner a Certificate of Appealability after previously ruling in his favor, by stating t… |
| 18-5347 |
Marquis D. Costic v. Illinois |
Illinois |
2018-07-25 |
Denied |
IFP |
confrontation-clause constitutional-rights credibility cross-examination fifth-amendment jailhouse-informant jury-instructions prosecution-witness prosecutorial-misconduct sixth-amendment witness-disclosure |
Was my Sixth Amendment U.S. Constitutional Right, under the Confrontation Clause violated when the prosecution kept interrupting during cross-examinat… |
| 18-5316 |
Susan Wells Vaughan v. Jennifer Vaughan, et al. |
North Carolina |
2018-07-23 |
Denied |
Response WaivedRelisted (2)IFP |
absolute-immunity child-neglect child-neglect-cases-recusal due-process ex-parte ex-parte-initiations judicial-recusal prosecutorial-misconduct subject-matter-jurisdiction troxel-v-granville |
Whether a judge who regularly participates in unlawful ex parte initiations of child neglect cases should recuse herself from hearing a challenge to t… |
| 18-5252 |
Ricky Lee Earp v. Ron Davis, Warden |
Ninth Circuit |
2018-07-17 |
Denied |
IFP |
credibility-of-prosecution discovery discovery-rights dna-testing due-process federal-court-proceedings federal-habeas habeas-corpus prosecutorial-misconduct spoliation-of-evidence |
Whether a petitioner can be denied discovery necessary to learn the circumstances of the government's spoliation of potentially exculpatory evidence i… |
| 18-5225 |
Junaidu Saljan Savage, aka James Kamara v. United States |
Fourth Circuit |
2018-07-12 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process federal-courts-of-appeal in-camera-review pennsylvania-v-ritchie precedent prosecutorial-evidence prosecutorial-misconduct ritchie standing |
Whether, under Pennsylvania v. Ritchie, 480 U.S. 39 (1987), defendants requesting in camera review for potential required disclosures in accordance wi… |
| 18-5195 |
Steven Anthony Alvarez v. M. Eliot Spearman, Warden |
Ninth Circuit |
2018-07-10 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment california-law constitutional-vagueness criminal-law due-process evidence great-bodily-injury jury-instructions prosecutorial-misconduct testimony vagueness |
Whether petitioner was denied due process of law when prosecutor misstated law, misstated testimony, and misstated evidence to the jury |
| 18-5148 |
Marcus Blalock v. Ohio |
Ohio |
2018-07-06 |
Denied |
Response WaivedIFP |
actual-innocence appellate-review confrontation-clause due-process law-of-case law-of-the-case new-evidence new-trial newly-discovered-evidence prosecutorial-misconduct right-to-due-process |
Whether petitioner was denied his right to due process when the trial court failed to follow the law of the case doctrine from a previous appeal, deni… |
| 18-5152 |
Rodney Howard v. United States |
Third Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
batson-challenge batson-v-kentucky criminal-procedure equal-protection jury-selection peremptory-challenges peremptory-strikes prima-facie prima-facie-case prosecutorial-misconduct racial-discrimination |
Does a black defendant make a prima facie showing of discriminatory use of peremptory strikes under Batson's first step when he demonstrates that the … |
| 18-5125 |
Kenneth Lee Foster v. United States |
Fourth Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
28-usc-2255 civil-procedure due-process fair-trial federal-rules federal-rules-of-civil-procedure habeas-corpus ineffective-assistance-of-counsel judicial-review legal-remedy procedural-error prosecutorial-misconduct rule-60(b) |
Whether Petitioner was deprived of a fair opportunity to seek relief through 28 U.S.C. § 2255 and whether Rule 60(b) of the Federal Rules of Civil Pro… |
| 18-5128 |
In Re Gigi Fairchild-Littlefield |
|
2018-07-05 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights due-process due-process,fair-trial,false-evidence,directed-ver equal-protection fair-trial false-evidence judicial-misconduct jury-verdict prosecutorial-misconduct trial-manipulation |
Is the deliberate manufacturing of false evidence and manipulation of trial transcripts, and court documents, including the jury verdicts, to support … |
| 18-5 |
Dennis Riley v. Ohio |
Washington |
2018-07-02 |
Denied |
Response Waived |
brady-disclosure brady-v-maryland criminal-discovery discovery due-process exculpatory-evidence guilty-plea impeachment-evidence internal-investigations investigative-officer-misconduct plea-bargaining prosecutorial-misconduct |
whether-defendant-entitled-to-impeachment-or-exculpatory-evidence-after-pleading-guilty |
| 18-5007 |
David Lemoe Tua v. California |
California |
2018-07-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial gang-enhancement insufficient-evidence prosecutorial-misconduct severance sufficiency-of-evidence trial-severance |
Whether the state court's refusal to sever petitioner's trial from that of his codefendant and refusal to sever the gang enhancement allegations viola… |
| 18-5071 |
Juan Carlos Vazquez v. South Carolina |
South Carolina |
2018-07-02 |
Denied |
Response RequestedRelisted (2)IFP |
deportation due-process effective-assistance-of-counsel guilty-plea knowing-and-voluntary language-barrier prosecutorial-misconduct sixth-amendment |
Was petitioner denied his Sixth Amendment right to effective assistance of counsel? |
| 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 |
Whether a state court may indefinitely postpone prosecution over the accused's objection by nolle-prosequi and re-indictment of the same charges, know… |
| 18-5035 |
Sandra Grazzini-Rucki v. Minnesota |
Minnesota |
2018-06-29 |
Denied |
IFP |
civil-procedure coerced-testimony constitutional-law defense-evidence due-process false-statements jurisdiction prosecutorial-misconduct restitution standing statutory-interpretation |
Whether the prosecutor committed misconduct by allowing false statements and filing additional charges after a witness was coerced to recant testimony… |
| 18-5053 |
Andres A. Lopez-Martinez v. United States |
Eleventh Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
compulsory-process confrontation-clause constitutional-right criminal-procedure defense-presentation due-process harmless-error judicial-review police-misconduct prosecutorial-misconduct right-to-present-defense structural-error |
Whether the denial of a defendant's constitutional right to present a defense should be considered structural error that is not subject to harmless er… |
| 18-5057 |
James T. Bagby v. William Hyatte, Warden |
Seventh Circuit |
2018-06-29 |
Denied |
Response WaivedRelisted (2)IFP |
7th-circuit-court 7th-circuit-court-of-appeals certificate-of-appealability civil-rights constitutional-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief prosecutorial-misconduct timeliness |
Did the United States 7th Circuit Court of Appeals err in denying a certificate of appealability without specifically addressing any of Bagby's claims… |
| 18-5015 |
Edwin Aponte v. Eric Tice, Superintendent, State Correctional Institution at Smithfield, et al. |
Third Circuit |
2018-06-28 |
Denied |
Response WaivedIFP |
civil-rights confrontation-clause due-process habeas-corpus ineffective-assistance-of-counsel merits-review procedural-default prosecutorial-misconduct self-defense sixth-amendment state-appellate-procedure |
Was petitioner's prosecutorial misconduct claim procedurally defaulted for failing to present it in state appellate procedure when the highest state c… |
| 18-5020 |
In Re Lewis Brown |
|
2018-06-28 |
Dismissed |
Response WaivedRelisted (2)IFP |
constitutional-violation due-process harmless-error judicial-bias judicial-impartiality judicial-recusal prosecutorial-misconduct recusal standard-of-review structural-error |
Whether a judge who is named as an adverse party opponent is prohibited from presiding over the proceedings in which he is a defendant, and whether th… |
| 25A494 |
Tremane Wood v. Oklahoma |
Oklahoma |
|
Denied |
|
brady-violation capital-murder due-process prosecutorial-misconduct trial-fairness witness-cooperation |
Whether the prosecution's intentional concealment of a cooperation agreement with a key witness constitutes a Brady violation that undermines the fund… |
| 24A286 |
Marcellus S. Williams v. David Vandergriff, Warden |
Eighth Circuit |
|
Denied |
|
batson-violation equal-protection jury-selection peremptory-strike prosecutorial-misconduct racial-discrimination |
Whether the prosecutor's racially discriminatory peremptory strike of a Black juror during Mr. Williams' capital trial violated his constitutional rig… |
| 18A1346 |
Marion Wilson, Jr. v. Benjamin Ford, Warden |
Georgia |
|
Presumed Complete |
|
capital-punishment clemency death-penalty eighth-amendment execution-stay prosecutorial-misconduct |
Whether the Eighth Amendment prohibits the execution of a death row inmate based on claims of prosecutorial misconduct and death ineligibility |