provocation

7 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6166 Hector Arturo Campos v. Texas Texas 2024-12-17 Denied IFP criminal-procedure deadly-weapon legal-standard provocation self-defense sudden-passion Whether evidence of former provocation is material in a Sudden Passion case and whether the legal standard was correctly applied in the analysis of se…
24-5652 Tiffany Smith v. Shannon Olds, Warden Sixth Circuit 2024-09-27 Denied IFP criminal-procedure due-process fourteenth-amendment jury-discretion provocation self-defense Whether the appellate court violated due process by affirming a conviction without properly considering uncontradicted evidence of self-defense and pr…
23-7716 Donte Solomon v. Robert St. Andre, Warden Ninth Circuit 2024-06-13 Denied Response WaivedIFP alcohol-and-drugs constitutional-rights criminal-procedure due-process heat-of-passion jealousy judicial-review jury-instructions jury-selection legal-challenge mental-state provocation Question not identified
23-7443 Irvin Thomas v. Illinois Illinois 2024-05-09 Denied IFP appellate-jurisdiction constitutional-rights due-process excessive-sentence ineffective-assistance-of-counsel judicial-review procedural-errors provocation sentencing trial-procedure video-evidence Whether the petitioner's due process rights were violated when several arguable issues apply to why the petitioner's sentence was excessive given the …
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…
18-9541 Darius Leigh Gilkey v. DeWayne Burton, Warden Sixth Circuit 2019-06-04 Denied Response WaivedIFP 6th-amendment adequate-provocation attorney-client-relations attorney-client-relationship consensual-sex criminal-law due-process felony-murder homicide provocation right-to-counsel sixth-amendment Should this Court grant Certiorari to determine if consensual sex that later turned into a homicide, resulting from adequate provocation amounts to fe…
18-6663 Esau Escobar v. Illinois Illinois 2018-11-13 Denied IFP appellate-review civil-rights criminal-procedure double-jeopardy due-process jury-instructions murder murder-conviction prior-acts provocation provocation-defense self-defense substantial-evidence Whether the Appellate Court erred in rejecting the Petitioner's claim of provocation instruction due to the Petitioner's testimony that he acted out o…