reasonable-doubt

304 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6624 Ryan Adelbert Johnson v. United States Ninth Circuit 2026-01-20 Pending Response WaivedIFP 5th-amendment constitutional-rights due-process impartial-jury reasonable-doubt trial-evidence Whether the Due Process Clause of the 5th Amendment was violated when no rational trier of fact could have found the essential elements of Counts 1-3 …
25-6469 Charles Grim Rudolph v. United States Eleventh Circuit 2026-01-02 Pending Response WaivedIFP burden-of-proof constructive-possession criminal-firearms-offense dominion-and-control felon-in-possession reasonable-doubt Whether the government can prove constructive possession of a firearm by a convicted felon based solely on proximity without demonstrating actual know…
25-6320 Dean Spencer v. Utah Utah 2025-12-09 Pending Response WaivedIFP blood-alcohol-concentration criminal-prosecution measurement-error per-se-threshold reasonable-doubt toxicological-evidence Whether conflicting toxicological testimony with measurement errors can support a beyond-a-reasonable-doubt finding of blood alcohol concentration abo…
25-597 Donatus Iriele v. United States Eleventh Circuit 2025-11-21 Denied Response Waived constitutional-rights criminal-procedure drug-statute jury-instructions reasonable-doubt subjective-knowledge Whether reasonable jurists would find it debatable that a criminal defendant's constitutional rights were violated when convicted under 21 U.S.C. § 84…
25-6183 Stephen C. Crawford v. United States Fourth Circuit 2025-11-20 Denied Response WaivedIFP fifth-amendment perjury reasonable-doubt self-defense sentencing-guidelines sixth-amendment Whether the Court should adopt a definition of reasonable doubt and whether the District Court erred in applying sentencing guidelines related to perj…
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…
25-5740 Gregory Tucker v. Noah Nagy, Warden Sixth Circuit 2025-09-25 Pending Response RequestedResponse WaivedRelisted (2)IFP criminal-conviction dna-evidence evidence-sufficiency jackson-rule moveable-object reasonable-doubt Whether any rational trier of fact could return a guilty verdict where the only evidence was a DNA hit of unknown type and quantity found on an easily…
25-5647 Kolby Reshaad Moore v. Louisiana Louisiana 2025-09-16 Denied IFP appellate-review criminal-appeal insufficient-evidence legal-sufficiency murder-conviction reasonable-doubt Whether the Second Circuit Court of Appeals and Louisiana Supreme Court erred in denying Petitioner's claim that evidence was insufficient to prove be…
25A302 Sonya Fuller v. Georgia Georgia 2025-09-16 Presumed Complete constitutional-review criminal-conviction felony-murder jackson-standard reasonable-doubt sufficiency-of-evidence Whether the standard for reviewing the sufficiency of evidence under Jackson v. Virginia permits a conviction to be upheld when the evidence is acknow…
25-294 Juan Carlos Sandoval-Rodriguez v. United States Fourth Circuit 2025-09-15 Denied Response Waived constitutional-law criminal-procedure due-process jury-instructions reasonable-doubt sixth-amendment Whether trial judges must define 'reasonable doubt' for the jury upon the defendant's request
25-5219 Mao Hin v. California California 2025-07-29 Denied IFP capital-sentencing constitutional-rights death-penalty jury-unanimity reasonable-doubt sentencing-procedure Whether California's capital-sentencing scheme violates the Fifth, Sixth, Eighth, and Fourteenth Amendments because it fails to require the jury to fi…
25-5119 Steven Dwayne Rigmaiden v. Louisiana Louisiana 2025-07-16 Denied Response WaivedIFP criminal-appeal criminal-procedure louisiana-courts murder-evidence reasonable-doubt sufficiency-of-evidence Whether the Louisiana courts erred in denying Petitioner's claim that the evidence was insufficient to prove beyond a reasonable doubt that he committ…
25-5116 Mark Ellis v. United States Sixth Circuit 2025-07-15 Denied Response WaivedIFP criminal-procedure drug-trafficking due-process evidence-sufficiency firearm-possession reasonable-doubt Whether a conviction must be vacated when evidence of firearm possession in furtherance of a drug trafficking crime is based on speculation and conjec…
25A18 Juan Carlos Sandoval-Rodriguez v. United States Fourth Circuit 2025-07-08 Presumed Complete constitutional-standard criminal-trial due-process fourth-circuit jury-instruction reasonable-doubt Whether the Due Process Clause requires trial courts to provide a definition of 'reasonable doubt' to a jury upon request in criminal proceedings
24-7297 Hector Flores, Jr. v. United States Fifth Circuit 2025-05-28 Denied Response WaivedIFP assimilated-crimes-act bodily-injury child-endangerment national-park reasonable-doubt survival-circumstances Whether the government proved beyond a reasonable doubt that Flores's actions constituted child endangerment under the Assimilated Crimes Act when he …
24-7289 Fidel Saldana Rodriguez v. United States Fifth Circuit 2025-05-27 Denied Response WaivedIFP appellate-review burden-of-proof criminal-conviction evidence-sufficiency inference-standard reasonable-doubt Whether evidence that requires a series of inferences to reach an element of an offense, rather than showing the element directly or after a single in…
24-6961 Stephen J. Pierre-Paul v. United States Fourth Circuit 2025-04-11 Denied Response WaivedIFP co-defendant-testimony consciousness-of-guilt cooperating-witness probative-value reasonable-doubt sentencing-enhancement Is a conviction based solely on inconsistent and contradictory testimony from a cooperating co-defendant legally sufficient to sustain a criminal conv…
24-6393 Shamichael Antonio Pearson v. Louisiana Louisiana 2025-01-27 Denied IFP criminal-procedure criminal-standard-of-proof identity-evidence jackson-v-virginia reasonable-doubt sufficiency-of-evidence Whether the evidence was sufficient under Jackson v. Virginia to prove beyond a reasonable doubt Mr. Pearson's identity as the perpetrator
24-6231 Emmanuel Zleh Totaye, Jr. v. Iowa Iowa 2025-01-03 Denied Response WaivedIFP criminal-procedure fair-trial fourteenth-amendment inconsistent-verdict reasonable-doubt sixth-amendment Does an inconsistent verdict in a criminal case violate a defendant's right to a fair trial under the Sixth Amendment and their right to be found guil…
24-6098 Timothy R. Brown v. Massachusetts Massachusetts 2024-12-09 Denied Response WaivedIFP constitutional-rights criminal-resentencing double-jeopardy due-process fourteenth-amendment reasonable-doubt Whether the Fourteenth Amendment's Due Process Clause requires retroactive application of a new rule of law in criminal resentencing, and whether cons…
24-5916 Javance Mickey Wilson v. California California 2024-11-05 Denied IFP capital-sentencing constitutional-amendments criminal-procedure death-penalty jury-findings reasonable-doubt Does California's capital-sentencing scheme violate the Fifth, Sixth, and Fourteenth Amendments by failing to require jury factual findings for death …
24-5800 Sherman Brown v. Kevin McCoy, Warden Fourth Circuit 2024-10-22 Denied Response WaivedIFP constitutional-claim dna-evidence gateway-innocence habeas-corpus reasonable-doubt scientific-testimony Whether a reasonable jurist could debate the district court's dismissal of a 'gateway innocence' claim based on new exculpatory evidence and scientifi…
24-5778 Akmal Narzikulov v. United States Second Circuit 2024-10-18 Denied Response WaivedIFP due-process fifth-amendment jury-reliability perjury reasonable-doubt witness-testimony Whether government witnesses committed perjury during trial that was so inherently contradictory and unreliable that no reasonable jury could conclude…
24-376 Brennaris Marquis Johnson v. Washington Washington 2024-10-02 Denied fourteenth-amendment jury-finding reasonable-doubt sentencing-guidelines sixth-amendment upward-departure Whether the Sixth and Fourteenth Amendments require a jury to find beyond a reasonable doubt that aggravating facts amount to 'substantial and compell…
24-5139 Lamar McKay v. Jeff Tanner, Warden Sixth Circuit 2024-07-25 Denied Response WaivedIFP constitutional-rights directed-verdict due-process first-degree-murder insufficient-evidence jury-verdict murder premeditation reasonable-doubt Does due process require reversal where the trial court denied petitioner's motion for a directed verdict on first-degree murder due to insufficient e…
24-5106 Stoney Prior v. United States Ninth Circuit 2024-07-18 Denied Response WaivedIFP appellate-review appellate-standard-of-review circuit-split criminal-defendant-rights criminal-defense jury-instruction jury-instructions reasonable-doubt recognized-defenses third-party-culpability Is a criminal defendant entitled to a jury instruction on any recognized defense supported by the evidence?
24-5011 Brandon Collins v. Illinois Illinois 2024-07-03 Denied Response WaivedIFP abuse-of-discretion court-discretion due-process evidence eyewitness judicial-review legal-interpretation motion-analysis reasonable-doubt speedy-trial testimony-credibility Question not identified.
23-1295 Linnzi Zaorski v. Nicholas Usner Louisiana 2024-06-12 Denied child-custody civil-contempt civil-procedure contempt-of-court criminal-contempt criminal-procedure due-process fourteenth-amendment preponderance-of-evidence purge-clause reasonable-doubt suspended-sentence suspension-of-sentence Due-process-clause-violation
23-7504 Sergio Antonio Hood v. United States Eleventh Circuit 2024-05-20 GVR IFP 6th-amendment civil-rights due-process jury-trial reasonable-doubt sentencing Whether the Sixth Amendment, other than the Negatively Absolute Prohibition, allows for any fact that increases a reasonable doubt to a power before a…
23-7345 James Joseph Bryant v. United States Eleventh Circuit 2024-04-30 GVR IFP armed-career-criminal-act categorical-approach circuit-split criminal-procedure due-process judicial-interpretation jury-trial prior-convictions reasonable-doubt sentencing-enhancement Whether the elements of a prior conviction can be determined using current judicial interpretations
23-7319 Yudith Reynoso-Hiciano v. United States Second Circuit 2024-04-26 Denied Response WaivedIFP aiding-and-abetting burden-of-proof closing-argument criminal-procedure jury-instructions presumption-of-innocence reasonable-doubt Whether repeatedly arguing in closing that the defendant 'needed the jury to believe' certain things impermissibly shifted the burden of proof and evi…
23-7302 In Re Michael A. Farrell 2024-04-24 Denied IFP 28-usc-2254d due-process effective-assistance-of-counsel equal-protection evidentiary-hearing fourteenth-amendment full-and-fair-hearing reasonable-doubt state-court Did the U.S. District Court violate petitioners XIV Amendment right to due-process, equal-protection, 28-usc-2254d
23-7024 Thomas Bevel v. Florida Florida 2024-03-19 Denied IFP aggravating-factors arbitrary-sentencing capital-sentencing death-penalty due-process eighth-amendment proportionality-review reasonable-doubt Whether Florida's capital sentencing scheme violates the Eighth Amendment
23-6966 Alison Lee Gendreau v. United States Ninth Circuit 2024-03-12 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-restitution fifth-amendment grand-jury grand-jury-right jury-trial proof-beyond-reasonable-doubt reasonable-doubt restitution sixth-amendment Whether the Fifth Amendment grand jury right and the Sixth Amendment right to jury trial on proof beyond a reasonable doubt apply to restitution in a …
23-6663 Emmanuel Gil v. United States Fifth Circuit 2024-02-02 Denied Response WaivedIFP criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions reasonable-doubt sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-6631 Jeremy Dale Robinson v. United States Eighth Circuit 2024-01-31 GVR Relisted (2)IFP armed-career-criminal-act constitutional-requirements due-process jury-trial prior-convictions proof-beyond-reasonable-doubt reasonable-doubt sentencing-enhancement Whether the U.S. Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were 'committed o…
23-6356 Mohammad Sharifi v. Alabama Alabama 2023-12-27 Denied Relisted (2)IFP actual-innocent armed-evidence constitutional-search criminal-procedure direct-evidence due-process evidence-admissibility forensic-evidence fourth-amendment police-misconduct reasonable-doubt trial-judge Question not identified
23-6358 Devadrick Markevin Booker v. United States Fifth Circuit 2023-12-27 Denied Response WaivedIFP criminal-procedure criminal-trial due-process jury-instructions prosecutorial-evidence reasonable-doubt standard-of-review sufficiency-of-evidence Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return guilty verdicts…
23-569 Rodney Reed v. Texas Texas 2023-11-28 Denied Relisted (11) affirmative-evidence due-process evidentiary-standard gateway-innocence habeas-corpus innocence-claim judicial-review reasonable-doubt schlup-standard schlup-v-delo Whether it violates due process to require a petitioner pursuing a gateway-innocence claim to prove with 'affirmative evidence' that a particular theo…
23-6030 Gregory P. Burleson v. United States Ninth Circuit 2023-11-16 Denied Response WaivedIFP confession corroborating-evidence defense-of-others excessive-force federal-law law-enforcement reasonable-doubt self-defense supreme-court Is a citizen entitled to act in self-defense or defense of others against law-enforcement-officers if he has a reasonable-belief that there is an immi…
23-6013 Calvin Cogdill v. United States Sixth Circuit 2023-11-15 GVR Relisted (2)IFP armed-career-criminal-act constitutional-procedure criminal-sentencing fifth-amendment indictment jury reasonable-doubt sixth-amendment statutory-interpretation Whether the Armed Career Criminal Act's 'occasions different' fact must be charged in the indictment and proven to a jury beyond a reasonable doubt
23-5976 Brian Heath Davis v. Randy Gibbs, Warden, et al. Eighth Circuit 2023-11-08 Denied Response WaivedIFP autopsy autopsy-report confrontation-clause criminal-procedure effective-assistance expert-testimony reasonable-doubt sixth-amendment To what extent are Sixth Amendment guarantees of Confrontation and Effective Assistance violated when an expert conducts an autopsy, prepares an autop…
23-5970 Jerry S. Wilson v. Michael G. Gierach, Warden Seventh Circuit 2023-11-07 Denied Response RequestedResponse WaivedRelisted (2)IFP actual-innocence eyewitness-testimony federal-review habeas habeas-corpus house-v-bell procedural-default reasonable-doubt schlup-v-delo summary-reversal Does the Seventh Circuit's holding conflict with Schlup, 513 U.S. 298, and House v. Bell, 547 U.S. 518 (2006), because it turned on whether the eviden…
23-5889 Christopher Michael Williams v. Tim Shoop, Warden Sixth Circuit 2023-10-26 Denied Response WaivedRelisted (2)IFP alternative-suspect-defense criminal-procedure due-process due-process-violation habeas-corpus-petition ineffective-assistance-of-counsel plea-bargaining reasonable-doubt right-to-trial sixth-amendment-right whether-defendant's-6th-amendment-right-was-violated
23-5654 Daquail Ramon Johnson v. Virginia Virginia 2023-09-26 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review sufficiency-of-evidence virginia Whether Virginia's standard of review for appellate claims of insufficient evidence of a criminal conviction violates the Due Process Clause as interp…
23-266 Javaar Yavonnie Kalem Watkins v. United States Eighth Circuit 2023-09-20 Denied Response Waived constitutional-error conviction-reversal criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt structural-error Was the reasonable doubt instruction constitutionally deficient thereby requiring reversal of Watkins' conviction?
23-5587 Daniel Carrington v. United States Fourth Circuit 2023-09-14 Denied Response WaivedIFP burden-of-proof causation controlled-substance controlled-substances criminal-law death-causation due-process proximate-cause reasonable-doubt statutory-interpretation Whether the Court's decision in United States v. Burrage created a bright line rule on proof of proximate cause
23-5554 Cameron L. Hickman v. United States Fifth Circuit 2023-09-12 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process jury-instructions prosecutorial-burden reasonable-doubt sexual-assault standard-of-review sufficiency-of-evidence Whether the prosecution presented sufficient evidence at trial to establish the elements of the alleged crime
23A234 Jerry Laza v. City of Palestine, Texas Texas 2023-09-12 Presumed Complete civil-to-criminal-conversion double-jeopardy due-process-protections quasi-criminal-proceedings reasonable-doubt structural-error Whether a state court may convert a civil proceeding into a quasi-criminal or penal proceeding on appeal without affording the defendant fundamental c…
23A132 Jerry S. Wilson v. Dan Cromwell, Warden Seventh Circuit 2023-08-15 Presumed Complete actual-innocence habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence procedural-default reasonable-doubt Whether the actual innocence standard established in Schlup v. Delo requires courts to assess newly discovered evidence by asking whether reasonable j…
23-5343 Scott Lindsay Halfhill v. Washington Washington 2023-08-11 Denied IFP alternative-suspect circumstantial-evidence criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-doubt sixth-amendment Should this Court grant Certiorari when Halfhill was convicted of killing a man with intent upon nothing more than being one of many people in the vic…
23-5334 Mario Iglesias-Villegas v. United States Fifth Circuit 2023-08-10 Denied Response WaivedIFP criminal-procedure direct-appeal due-process evidence grand-jury-transcripts habeas-corpus jackson-standard reasonable-doubt rule-6e sufficiency-of-evidence Whether a federal court of appeals reviewing a defendant's direct-appeal challenge to the sufficiency of the evidence supporting his conviction must a…
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?
23-5314 Joe Crawford v. United States Fifth Circuit 2023-08-09 Denied Response WaivedIFP confidential-informant criminal-law criminal-procedure due-process evidence evidence-sufficiency felony-conviction jury-instructions mens-rea reasonable-doubt rehaif-standard réhaif-v-united-states Whether the evidence was insufficient to sustain a conviction when the government fails to prove beyond a reasonable doubt that the petitioner knew or…
23-5278 Earl Monroe Belcher v. Brian Williams, Warden Ninth Circuit 2023-08-03 Denied IFP chain-of-custody constitutional-rights district-court dna-evidence due-process federal-law habeas-corpus hearsay ineffective-assistance reasonable-doubt unreasonable-application Whether the District Court's decision was an unreasonable application of clearly established federal law
23-5266 Mantell Alabi Stevens v. United States Sixth Circuit 2023-08-02 Denied Response WaivedIFP circuit-split controlled-substance criminal-conviction criminal-law drug-distribution due-process jury-instructions reasonable-doubt sentencing sentencing-enhancement sufficiency-of-evidence Can a court send a case to the jury when the evidence is only sufficient to give them a choice between probabilities instead of being sufficient to pr…
23-92 James Edwin Hoganson v. Colorado Colorado 2023-08-01 Denied aggravating-circumstances apprendi-v-new-jersey blakely-v-washington constitutional-rights criminal-sentencing due-process jury-determination jury-trial reasonable-doubt sixth-amendment Whether the Sixth Amendment requires the existence of 'extraordinary aggravating circumstances' to be submitted to the jury and found beyond a reasona…
23-5152 Angel Maldonado v. Pennsylvania Pennsylvania 2023-07-20 Denied Response WaivedIFP criminal-procedure curative-instruction ineffective-assistance ineffective-assistance-of-counsel jury-instructions pennsylvania-supreme-court reasonable-doubt state-court-review Whether the Pennsylvania Supreme Court erred in denying a new trial based on ineffective assistance of counsel for failing to object to jury instructi…
23-5030 Nygel Dejon Freeman v. United States Fifth Circuit 2023-07-05 Denied Response WaivedIFP appeal constitutional-provisions court-of-appeals criminal-procedure due-process judicial-review legal-evidence reasonable-doubt rule-29 statutory-provisions sufficiency-of-evidence Whether the District Court and Court of Appeals erred in denying Mr. Freeman's Rule 29 motion due to insufficient evidence to prove guilt beyond a rea…
22-7842 Dashawn Lewis v. United States Ninth Circuit 2023-06-22 Denied Response WaivedIFP burden-of-proof criminal-procedure directed-verdict due-process judicial-error jury-instruction jury-instructions ninth-circuit reasonable-doubt Whether the last sentence of the Ninth Circuit's pattern jury instruction on reasonable doubt is an incorrect statement of the law and akin to a direc…
22-7435 Alex Smith v. United States Fourth Circuit 2023-05-01 Denied Response WaivedIFP circuit-split criminal-procedure due-process fifth-amendment jury-instruction jury-instructions reasonable-doubt Does the Due Process Clause of the Fifth Amendment require a trial court to instruct, or refuse to instruct, the Jury on the fundamental meaning of 'B…
22-7368 Parnell R. May v. Arkansas Arkansas 2023-04-25 Denied Response WaivedIFP actual-innocence brady-violation due-process forensic-testimony new-scientific-evidence reasonable-doubt Whether the new scientific evidence of Parnell May's actual innocence of causing the death of Marvin Meeks is sufficient to establish that no reasonab…
22-7292 Jason Edward Simpson v. United States Fifth Circuit 2023-04-14 Denied Response WaivedIFP 21-usc-841 controlled-substances-act criminal-procedure due-process jury-finding jury-instructions knowledge-element mens-rea reasonable-doubt statutory-minimum-maximum statutory-sentencing Whether a conviction of a substantive offense under 21 U.S.C. § 841 requires jury finding of defendant's knowledge of drug type and quantity
22-7249 Daryl Lee Godette Jr. v. United States Fourth Circuit 2023-04-10 Denied Response WaivedIFP burden-of-proof constructive-possession criminal-procedure drug-possession due-process evidence evidence-standard possession reasonable-doubt Whether the Government proved beyond a reasonable doubt that Mr. Godette possessed the heroin found in the apartment
22-7233 Justin Heath Thomas v. California California 2023-04-06 Denied IFP apprendi-v-new-jersey capital-punishment constitutional-requirement criminal-sentencing death-penalty due-process jury-finding jury-trial reasonable-doubt ring-v-arizona statutory-maximum Whether California's death penalty scheme violates the constitutional requirement that any fact, other than a prior conviction, that serves to increas…
22-7180 Tyshon Booker v. Tennessee Tennessee 2023-04-03 Dismissed IFP apprendi-v-new-jersey criminal-procedure fourteenth-amendment juvenile-court juvenile-transfer probable-cause reasonable-doubt sentencing sixth-amendment transfer-hearing Did it violate the Sixth and Fourteenth Amendments for the increase in the range of potential punishment to be based on findings made by a judge under…
22-7145 Abdullah Khabir Yusuf v. United States Fifth Circuit 2023-03-31 Denied Response WaivedIFP criminal-procedure due-process in-re-winship jackson-v-virginia reasonable-doubt standard-of-review sufficiency-of-evidence Whether a federal court of appeals reviewing a defendant's challenge to the sufficiency of the evidence supporting his conviction must apply the reaso…
22-7155 Kalid Koron Ocean-Avent v. United States Fourth Circuit 2023-03-30 Denied Response WaivedIFP burden-of-proof criminal-law criminal-procedure due-process evidence evidentiary-errors fair-trial firearm firearm-possession jury reasonable-doubt Whether the Government proved beyond a reasonable doubt that Mr. OceanAvent possessed a firearm
22-6924 Gerald Drummond v. Pennsylvania Pennsylvania 2023-03-03 Denied Response WaivedIFP constitutional-rights due-process fair-trial ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt reasonable-doubt-instruction state-courts structural-error trial-procedure Is the Pennsylvania courts inappropriately denying the United States constitutional protections of the petitioner rights in their denial of relief to …
22-6863 Christopher Lynn Gonzales v. Susan Washburn, Superintendent, Eastern Washington Correctional Facility Ninth Circuit 2023-02-24 Denied Response WaivedIFP 28-usc-2254-d-1 due-process forcible-compulsion habeas-corpus in-re-winship jackson-v-virginia reasonable-doubt state-court-review supreme-court-law unreasonable-factual-determinations whether-reasonable-jurists-debate-due-process-clause-standards-jackson-v-virginia-in-re-winship
22-6800 Ronald Lee Sorenson v. Washington Washington 2023-02-16 Denied IFP constitutional-rights due-process jurisdiction mathews-factors reasonable-doubt sixth-amendment structural-error structural-error-doctrine venue where-the-first-of-the-four-total-specific-alleged-acts-occurred-outside-the-state-of-washington
22-6615 Robert Jim v. United States Ninth Circuit 2023-01-24 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence-admissibility evidence-presentation fair-trial improper-evidence reasonable-doubt sentencing trial-fairness Whether the court violated Jim's constitutional rights to due process and a fair trial by allowing improper evidence and preventing him from presentin…
22-6546 Arty Marcel v. Tim Hooper, Warden Fifth Circuit 2023-01-17 Denied Response WaivedIFP burden-of-proof constitutional-error fair-trial improper-amendment-of-bill-of-information ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense other-crimes-evidence reasonable-doubt sixth-amendment strickland-v-washington whether-mr-marcel-was-denied-right-to-fair-trial
22-6514 Santiago Pineda v. California California 2023-01-11 Denied IFP aggravating-circumstances constitutional-rights death-penalty jury-determination jury-fact-finding mitigating-circumstances reasonable-doubt sentencing-procedure Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute violate the Fifth, Sixth, and Fourt…
22-6522 Charvez Brooks v. United States Fourth Circuit 2023-01-11 Denied Response WaivedIFP criminal-procedure direct-appeal due-process federal-courts hobbs-act ineffective-assistance interstate-commerce judicial-discretion jury-instructions reasonable-doubt standard-of-proof Does a federal district court possess meaningful discretion to define 'proof beyond a reasonable doubt' in jury instructions?
22-6488 John F. Mosley v. Florida Florida 2023-01-09 Denied IFP aggravating-factors apprendi-v-new-jersey capital-sentencing constitutional-rights due-process mitigating-circumstances mitigating-evidence reasonable-doubt ring-v-arizona Whether excluding evidence of a history of sexual abuse in Mr. Mosley's family of origin was contrary to Eddings v. Oklahoma
22-6329 Phosavan Khamnivong v. United States Ninth Circuit 2022-12-19 Denied Response WaivedIFP 5th-amendment 6th-amendment bodily-injury due-process fifth-amendment firearm-enhancement jury-trial reasonable-doubt sentencing sentencing-guidelines sixth-amendment Whether the Sixth Amendment is violated when courts impose sentences that, but for a judge-found fact, would be reversed for substantive unreasonablen…
22-6311 Massey L. Allen, Jr. v. Nebraska Nebraska 2022-12-15 Denied IFP criminal-evidence criminal-procedure due-process evidence fourteenth-amendment jackson-v-virginia miranda-rights post-miranda-silence reasonable-doubt standard-of-review sufficiency-of-evidence Whether there was sufficient evidence to convict under Jackson-v-Virginia
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.
22-6088 Tupoutoe Mataele v. California California 2022-11-17 Denied IFP 14th-amendment 5th-amendment 6th-amendment 8th-amendment aggravating-circumstances constitutional-requirements criminal-sentencing death-penalty jury-finding jury-trial reasonable-doubt Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m…
22-6071 Manuel Bracamontes v. California California 2022-11-16 Denied IFP aggravating-circumstances constitutional-rights death-penalty due-process jury-determination jury-trial mitigating-circumstances reasonable-doubt Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute violate the Fifth, Sixth and Fourte…
22-5993 Malik Ross v. United States Eighth Circuit 2022-11-04 Denied Response RequestedResponse WaivedRelisted (10)IFP criminal-procedure due-process fifth-amendment preponderance-of-evidence reasonable-doubt sentencing sentencing-guidelines substantive-reasonableness Does a judge deny a defendant's Fifth Amendment rights by increasing a prison sentence based on disputed facts the Court did not find beyond a reasona…
22-5966 Malachi Henessey Rodriguez v. Minnesota Minnesota 2022-11-01 Denied Response WaivedIFP burden-of-proof character-evidence civil-rights coercion consent constitutional-rights criminal-procedure due-process evidence-admission reasonable-doubt The state failure to prove beyond a reasonable doubt that the petitioner used coercion
22-5908 Giles McGhee v. Darrel Vannoy, Warden Fifth Circuit 2022-10-26 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment fourteenth-amendment in-re-winship ineffective-assistance jackson-v-virginia reasonable-doubt sixth-amendment Did the State fail to meet its burden of proof beyond a reasonable doubt that Mr. McGhee was guilty of two Counts of First Degree Murder?
22-5909 Timmy Doucet v. Tim Hooper, Warden Fifth Circuit 2022-10-25 Denied Response WaivedIFP brady-material criminal-procedure due-process expert-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia reasonable-doubt sixth-amendment Insufficient evidence to convict beyond reasonable doubt
22-348 Floyd Tayler v. Washington Washington 2022-10-13 Denied Response WaivedRelisted (2) aggravating-factors criminal-procedure criminal-sentencing domestic-violence jury-instruction jury-instructions pattern-aggravator reasonable-doubt statutory-interpretation unanimity Must the jury be unanimously instructed to find each underlying domestic violence incident beyond a reasonable doubt?
22-5695 Christopher Eric Poore v. California California 2022-09-28 Denied IFP 5th-6th-14th-amendments aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process jury-finding jury-trial reasonable-doubt sentencing Does California's death penalty scheme violate the requirement that every fact that increases the statutory maximum penalty must be found by a jury be…
22-5692 Kyle Brandon Rocha v. West Virginia West Virginia 2022-09-27 Denied Response WaivedIFP beyond-a-reasonable-doubt confrontation confrontation-clause constitutional-rights due-process hearsay hearsay-evidence reasonable-doubt sentencing sentencing-hearing standard-of-proof Is it a violation of a defendant's rights to due process of law and confrontation for a Court to make a finding in a sentencing hearing based solely o…
22-5492 William Wallace v. Florida Commission on Offender Review Eleventh Circuit 2022-09-01 Denied Response WaivedIFP civil-rights criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency judicial-review reasonable-doubt sentencing standing witness-testimony Where there has never been any conviction
22-5480 Manuel Ralios-Chajal v. United States Fifth Circuit 2022-08-31 Denied Response WaivedIFP constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt?
22-5210 Travis Louis Shaw v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-27 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process ineffective-assistance jury-trial reasonable-doubt strickland-v-washington us-constitution Whether Petitioner should be granted a Certificate of Appealability
22-5082 Brian Gonzales v. California California 2022-07-13 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions reasonable-doubt winship Does the failure to instruct juries in criminal trials that the prosecution must prove each element of the charged crime beyond a reasonable doubt vio…
22-5088 Norman Blake McKenzie v. Florida Florida 2022-07-13 Denied IFP aggravating-factors constitutional-rights death-penalty due-process fourteenth-amendment jury-trial reasonable-doubt sixth-amendment Whether the failure to require the jury, and the jury alone, to find that the aggravating factors outweighed the mitigating factors, beyond and to the…
22-5033 Curtis Chewning v. Florida Florida 2022-07-05 Denied Response WaivedIFP charging-information court-fraud due-process fraud jury jury-trial reasonable-doubt sentencing unlawful-seizure Whether due process is violated by sentence increase based on facts not proven to jury
21-8287 Michael D. Phillips v. Florida Florida 2022-06-29 Denied IFP burglary civil-rights criminal-intent criminal-procedure due-process evidence evidence-sufficiency jury-instructions prosecutorial-burden reasonable-doubt sentencing Did the prosecutor ever prove all prongs and elements for being a felon in possession?
21-8187 Jesse Bell v. Florida Florida 2022-06-21 Denied IFP aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing constitutional-standard due-process mitigating-circumstances reasonable-doubt ring-v-arizona standard-of-proof Whether the Due Process Clause requires the additional determinations under Florida's capital sentencing scheme to be made beyond a reasonable doubt
21-8000 Elijah Johnson v. California California 2022-05-31 Denied Response WaivedIFP appellate-review constitutional-interpretation criminal-procedure general-verdict inconsistent-verdicts jury-trial reasonable-doubt sixth-amendment Whether a reviewing court may uphold a general verdict by relying on a specific fact the jury rejected as not proved beyond a reasonable doubt, in lig…
21-7957 Samuel Morales v. United States Fifth Circuit 2022-05-24 Denied Response WaivedIFP burden-of-proof circumstantial-evidence conspiracy criminal-law criminal-procedure drug-conspiracy drug-crimes elements-of-crime reasonable-doubt Whether the government fails to prove the elements of a drug conspiracy beyond a reasonable doubt when it has only circumstantial evidence and that ev…
21-7687 Earl Jones v. Ohio Ohio 2022-04-25 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence evidence-review fact-inference jackson-standard reasonable-doubt standard-of-review sufficiency-of-evidence supreme-court-ohio Whether a reviewing court must consider all the evidence in determining whether inferences from basic facts to ultimate facts are reasonable to prove …
21-7589 Mark A. Brown v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2022-04-11 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process evidence reasonable-doubt Whether the Court of Appeals finding that the state Courts conviction was based on a reasonable determination of the facts in light of the evidence pr…
21-7447 Peter Liounis v. United States Fourth Circuit 2022-03-24 Denied Response WaivedIFP civil-rights due-process emotional-distress false-arrest false-imprisonment favorable-termination heck-doctrine heck-v-humphrey intentional-tort preponderance-of-evidence reasonable-doubt Whether the favorable termination requirement of Heck v. Humphrey must be satisfied in plaintiff's criminal case prior to filing a federal torts claim…
21-7384 Joseph Valchez Laue v. Louisiana Louisiana 2022-03-16 Denied Response WaivedIFP circumstantial-evidence constitutional-sufficiency criminal-evidence due-process jackson-v-virginia jury-verdict legal-standard lsa-r.s.-15-438 rational-trier-of-fact reasonable-doubt state-burden-of-proof trier-of-fact Sufficiency-of-the-evidence
21-7355 Jon Charles Vance v. United States Sixth Circuit 2022-03-14 Denied Response WaivedIFP constitutional-law criminal-procedure due-process fifth-amendment jury reasonable-doubt Whether the Petitioner Jon Charles Vance was denied his fundamental right under the Fifth Amendment to Due Process
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?
21-7320 Devin Marques Carter v. Iowa Iowa 2022-03-08 Denied Response WaivedIFP constitutional-law constitutional-rights due-process evidence-standard federal-rights irrational jury-verdict privileges-and-immunities reasonable-doubt Did the state of Iowa violate petitioner's federal privileges and immunities and due process rights when it upheld an irrational jury verdict?
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…
21-1126 Taylor Arnett, et al. v. Kansas Kansas 2022-02-15 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) apprendi-v-new-jersey criminal-punishment criminal-restitution due-process jury-determination jury-trial reasonable-doubt sentencing-facts sixth-amendment Whether the Sixth Amendment right to have a jury determine beyond a reasonable doubt every fact necessary to support criminal punishment applies not o…
21-1001 Hakim Bey v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2022-01-14 Denied Response Waived burden-of-proof constitutional-challenge constitutional-law criminal-law criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt Whether a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyon…
21-6654 Donald H. Davidson, Jr. v. Florida Florida 2021-12-17 Denied IFP aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-punishment capital-sentencing due-process hurst-v-florida mitigating-circumstances reasonable-doubt ring-v-arizona sentencing-determination Whether the Due Process Clause requires the additional determinations under Florida's capital sentencing scheme to be made beyond a reasonable doubt b…
21-6662 Bryant Christopher Watts v. Texas Texas 2021-12-17 Denied IFP affirmative-defense appellate-procedure appellate-review constitutional-review criminal-procedure due-process reasonable-doubt self-defense standard-of-review sufficiency-of-evidence trial-court Did the court of appeals err in affirming the trial court where evidence is insufficient to rebut the affirmative defense of self-defense beyond a rea…
21-6664 Robert Breest v. John M. Formella, Attorney General of New Hampshire First Circuit 2021-12-17 Dismissed Response WaivedRelisted (2)IFP appellate-review constitutional-error due-process habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt sullivan-v-louisiana Did the First Circuit err in denying Robert Breest relief from judgment pertaining to the First Circuit's 1981 holding in Breest v. Perrin, 655 F.2d 1…
21-6570 Bo Jack Kelley v. United States Fifth Circuit 2021-12-13 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt?
21-6567 Dion Brown v. Illinois Illinois 2021-12-09 Denied IFP criminal-defense fourteenth-amendment home-invasion ineffective-assistance ineffective-assistance-of-counsel prior-inconsistent-statement reasonable-doubt reasonable-investigation sixth-amendment Whether the Petitioner's trial attorney was ineffective
21-852 Christopher D. Lischewski v. United States Ninth Circuit 2021-12-08 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) antitrust constitutional-principle criminal-antitrust criminal-procedure due-process jury-trial per-se-rule reasonable-doubt separation-of-powers sherman-act Whether the operation of the per se rule in criminal antitrust cases violates the constitutional principle that every element of an offense must be su…
21-6530 Tyreese Thompson v. United States Eighth Circuit 2021-12-06 Denied Response WaivedIFP Almendarez-Torres constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-determination jury-trial precedent-review reasonable-doubt sentencing statutory-maximum Whether any facts that increase the penalty for a crime beyond the prescribed statutory maximum need to be submitted to a jury and proved beyond a rea…
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 …
21-6328 Scottie D. Allen v. Florida Florida 2021-11-18 Denied IFP capital-sentencing criminal-procedure due-process eighth-amendment jury-instructions reasonable-doubt sentencing standard-of-proof Whether the Florida Supreme Court's rejection of Petitioner's claim of error based on the jury being affirmatively misinformed about its role in the s…
21-6286 Patrick Lawrence Henderson v. United States Ninth Circuit 2021-11-17 Denied Response WaivedIFP apprendi-rule criminal-procedure due-process jury-determination jury-trial reasonable-doubt revocation-sentence sentencing sentencing-guidelines statutory-maximum Whether Henderson's revocation sentence violates Apprendi and its progeny
21-6272 Igor Perlov v. California California 2021-11-15 Denied Response WaivedIFP credibility credibility-determination criminal-charge due-process harmless-error jury-instruction reasonable-doubt sixth-amendment Is it a violation of the Due Process Clause and defendant's Sixth Amendment right to require the State to prove a criminal charge beyond a reasonable …
21-6256 Macario Andrew Gomez, Jr. v. United States Fifth Circuit 2021-11-12 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process federal-sentencing jury-determination jury-trial reasonable-doubt sentencing sentencing-guidelines Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt?
21-6236 L. B. Joseph v. Illinois Illinois 2021-11-10 Denied IFP constitutional-rights conviction-reversal criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance post-conviction-relief reasonable-doubt testimony Was the defendant given a fair trial?
21-6087 Maria Vargas-Luna v. United States Fifth Circuit 2021-10-26 Denied Response WaivedIFP advisory-guidelines criminal-law criminal-procedure drug-conspiracy fact-finding judicial-fact-finding jury-trial-right reasonable-doubt sentencing sentencing-guidelines sixth-amendment Whether Petitioner's sentence violates the Sixth Amendment
21-5923 Deonte Kinwan McCoy v. Michigan Michigan 2021-10-08 Denied IFP constitutional-rights due-process fair-trial ineffective-assistance judicial-fact-finding jury-selection reasonable-doubt sufficiency-of-evidence Was the evidence insufficient to convict Mr. McCoy of each offense, and should this court reverse his convictions pursuant to federal and state consti…
21-5936 Allen Fong v. United States Ninth Circuit 2021-10-08 Denied Response WaivedIFP 6th-amendment criminal-forfeiture in-personam-forfeiture jury-trial reasonable-doubt statutory-authority Whether the Sixth Amendment guarantees the right to a jury finding beyond a reasonable doubt any fact necessary to the imposition of a mandatory crimi…
21-5847 Arthur Lee Lewis v. California California 2021-10-01 Denied IFP due-process jury-trial presumption-of-innocence proof-beyond-reasonable-doubt reasonable-doubt sixth-amendment statutory-sentencing statutory-sentencing-range Whether a sentence within the prescribed statutory range but inconsistent with the jury's verdict complies with the Sixth Amendment jury trial guarant…
21-5826 Armel Baxter v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2021-09-30 Denied Response RequestedResponse WaivedRelisted (2)IFP due-process habeas-corpus harmless-error ineffective-assistance-of-counsel reasonable-doubt structural-error Whether an erroneous reasonable-doubt instruction that would be structural error on direct appeal warrants a presumption of prejudice when raised in a…
21-475 Deanna Brookhart, Warden v. Kenneth Smith Seventh Circuit 2021-09-28 Denied Response RequestedRelisted (2) 28-usc-2254 appellate-review evidence-sufficiency evidence-weighing federal-habeas habeas-corpus habeas-relief jackson-v-virginia reasonable-doubt standard-of-review state-court-deference Whether the Seventh Circuit violated 28 U.S.C. § 2254(d)'s strictures in awarding habeas relief to respondent based on its own reweighing of the evide…
21-5672 Wayne C. Doty v. Florida Florida 2021-09-14 Denied IFP aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing due-process jury-trial mitigating-circumstances reasonable-doubt ring-v-arizona Whether the Due Process Clause and right to a jury trial require additional determinations under Florida's capital sentencing scheme to be made beyond…
21-5542 Camilo Jose Arango Latorre v. Commonwealth of Puerto Rico Puerto Rico 2021-08-31 Denied IFP constitutional-rule discriminatory-act due-process fair-trial perjured-testimony reasonable-doubt sixth-amendment Whether the nonretroactive application of the constitutional rule of Ramos v. Louisiana, in this case being substantive and/or discretionary for the s…
21-5523 Amos Kiprop Koech v. United States Eighth Circuit 2021-08-30 Denied Response WaivedIFP burden-of-proof cell-phone-evidence criminal-law criminal-statute federal-statutes interstate-commerce jurisdictional-element jury-instruction reasonable-doubt Does the jurisdictional element 'in or affecting interstate commerce' in federal criminal statutes require an actual effect on interstate commerce and…
21-5280 Robert Craft v. Florida Florida 2021-08-03 Denied IFP aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing constitutional-law criminal-procedure due-process hurst-v-florida reasonable-doubt ring-v-arizona Whether the Due Process Clause requires the determination that sufficient aggravating factors exist to justify imposing a death sentence to be made be…
21-5282 Tyrius Green v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-08-03 Denied IFP due-process eyewitness-identification jury-instructions reasonable-doubt structural-error sullivan-v-united-states trial-by-jury trial-procedure witness-identification Whether giving a jury charge on eye witness identification that lacked a factual basis in the evidence produced at trial was contrary to clearly estab…
21-115 Ivan Rosario v. United States Second Circuit 2021-07-28 Denied Response Waived 6th-amendment criminal-sentencing due-process fifth-amendment judicial-factfinding jury jury-trial reasonable-doubt sentencing sixth-amendment Whether the Fifth Amendment's Due Process Clause and the Sixth Amendment's right to trial by jury protect criminal defendants from being sentenced bas…
21-5198 Dustin Trevino Lawrence v. Ohio Ohio 2021-07-27 Denied IFP appellate-review criminal-procedure due-process fair-trial impartial-judge judicial-bias manifest-weight manifest-weight-of-evidence proportionate-sentencing reasonable-doubt sentencing Appellant's right to due process of law
21-5166 Leobardo Valladares v. Craig Koenig, Warden Ninth Circuit 2021-07-22 Denied Response WaivedIFP criminal-procedure cumulative-error due-process evidentiary-hearing first-degree-murder ineffective-assistance jury-instructions reasonable-doubt standard-of-proof sufficiency-of-evidence Did the Prosecution Fail to Prove Beyond a Reasonable Doubt That Valladares Committed First Degree Murder?
21-5151 Kenan Ivery v. Ohio Ohio 2021-07-21 Denied IFP aggravated-murder criminal-conviction due-process essential-elements insufficient-evidence jury-removal murder reasonable-doubt trial-procedure Is a petitioner denied due process of law when he is convicted for offenses of which there was insufficient evidence presented at trial to have found …
21-5063 Sammy Cano v. Illinois Illinois 2021-07-09 Denied IFP constitutional-rights criminal-procedure criminal-seizure due-process evidence ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt sentencing sentencing-discretion witness-credibility witness-testimony Whether the State failed to prove guilt beyond a reasonable doubt
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…
21-5012 Brian David Johnsen v. California California 2021-07-06 Denied IFP death-penalty due-process jury reasonable-doubt ring-v-arizona sentencing Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m…
20-8403 Daniel Jacob Craven, Jr. v. Florida Florida 2021-06-23 Denied IFP 14th-amendment due-process elements-of-offense fourteenth-amendment jury-instructions reasonable-doubt sentencing sentencing-determinations statutory-maximum unanimous-verdict Whether a defendant's right to due process are violated when jury instructions do not require all determinations required by state statute for a sente…
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?
20-8211 Christian M. Allmendinger v. United States Fourth Circuit 2021-06-03 Denied Response WaivedIFP acquitted-conduct criminal-procedure due-process fifth-amendment judicial-fact-finding jury-trial reasonable-doubt sentencing-guidelines sixth-amendment witte-v-united-states Whether the Fifth and Sixth Amendments forbid sentencing guidelines from enhancing the presumed reasonable punishment for an offense, unless the facts…
20-8182 Gilbert Sanchez v. Texas Texas 2021-06-01 Denied IFP constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions reasonable-doubt sentencing sentencing-guidelines Whether the trial court's misdirection of the jury as to the applicable sentencing range constituted egregious harm
20-1614 John D. Leontaritis v. United States Fifth Circuit 2021-05-19 Denied Response RequestedResponse WaivedRelisted (2) circuit-split criminal-law criminal-procedure due-process fact-determination jury-finding jury-instructions reasonable-doubt sentencing sentencing-discretion standard-of-proof Whether jury findings impact sentencing
20-7959 Thomas J. Connerton v. United States Second Circuit 2021-05-07 Denied Response WaivedIFP criminal-procedure due-process judicial-inquiry juror-discharge jury jury-selection reasonable-doubt sixth-amendment Should certiorari be granted where the District Court discharged a juror, without 'good cause' under rule 23(b)(3) of the Federal Rules of Criminal Pr…
20-7772 Tanelle M. Jefferson v. Ohio Sixth Circuit 2021-04-16 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process hearsay reasonable-doubt sufficiency-of-evidence Whether the State of Ohio proved the petitioner's guilt beyond a reasonable doubt?
20-7677 Juan Manuel Fuentes-Morales v. United States Fourth Circuit 2021-04-13 Denied Response WaivedIFP attorney-speech constitutional-interpretation criminal-procedure due-process fourth-circuit jury-instruction jury-instructions reasonable-doubt victor-v-nebraska Whether the Fourth Circuit's reasonable doubt charge conflicts with Victor v. Nebraska
20-7676 Aaron Orlando Richards v. Darrel Vannoy, Warden Fifth Circuit 2021-04-07 Denied Response WaivedIFP circumstantial-evidence criminal-conviction criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia motion-for-bill-of-particulars motion-to-suppress reasonable-doubt sixth-amendment sufficiency-of-evidence Whether the State presented sufficient evidence to convict under Jackson v. Virginia
20-7495 Angel Santiago-Gonzalez v. Florida Florida 2021-03-18 Denied IFP 14th-amendment due-process fourteenth-amendment jury-instructions reasonable-doubt sentencing sentencing-determinations statutory-maximum unanimous-verdict Whether a defendant's right to due process are violated when jury instructions do not require all determinations required by state statute for sentenc…
20-7425 Cornelius Kenyatta Craig v. Andre Matevousian, Warden Sixth Circuit 2021-03-11 Denied Response WaivedIFP appellate-review constitutional-law criminal-conviction criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment reasonable-doubt sixth-circuit Whether the 'same evidence' standard for double jeopardy under the Fifth Amendment is unconstitutional as applied to the Fourteenth Amendment's Due Pr…
20-7369 Antonia Janai Hickmon v. United States Fifth Circuit 2021-03-08 Denied Response WaivedIFP constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt?
20-6864 Brian David Hill v. United States Fourth Circuit 2021-01-13 Denied Response WaivedIFP appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury Whether the district court erred in sentencing the petitioner without a jury trial and by a preponderance of the evidence
20-6843 Cedryck Davis v. Illinois Illinois 2021-01-12 Denied Response WaivedIFP attempted-murder criminal-intent criminal-procedure due-process fair-trial identity identity-evidence other-crimes-evidence reasonable-doubt witness-testimony Whether Cedryck Davis's convictions for the attempt murder of Naja Harrington and Shawn Harrington should be reversed
20-6824 Raymond Bright v. Florida Florida 2021-01-11 Denied IFP 14th-amendment due-process elements-of-offense fourteenth-amendment jury-instructions reasonable-doubt sentencing sentencing-determinations statutory-maximum unanimous-verdict Whether a defendant's right to due process are violated when jury instructions do not require all determinations required by state statute for sentenc…
20-860 Ryan Randall Gilbertson v. United States Eighth Circuit 2020-12-30 Denied Response RequestedResponse WaivedRelisted (2) constitutional-rights criminal-procedure criminal-restitution due-process jury jury-determination procedural-due-process reasonable-doubt sentencing sixth-amendment Whether the Sixth Amendment prohibits a court from imposing criminal restitution on a defendant based on facts not found by the jury beyond a reasonab…
20-6633 Eduardo David Vargas v. California California 2020-12-15 Denied IFP aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment jury-finding jury-trial reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c…
20-6565 Simon Quinn v. Louisiana Louisiana 2020-12-08 Denied Response WaivedIFP burden-of-proof criminal-intent criminal-investigation criminal-procedure homicide-investigation obstruction-of-justice reasonable-doubt specific-intent statutory-interpretation underlying-conviction Whether there was sufficient evidence to support a conviction for obstruction of a homicide investigation
20-665 Damon B. Cook v. George M. Galaza, Warden Ninth Circuit 2020-11-13 Denied abuse-of-discretion civil-rights cruel-and-unusual-punishment due-process felony-murder habeas-corpus ineffective-assistance-of-counsel reasonable-doubt rule-60(b)(6) sentencing Whether the petitioner Damon C. Cook had a constitutional right to a certificate of appealability
20-6037 David Williard v. Illinois Illinois 2020-10-15 Denied Response WaivedIFP 14th-Amendment 5th-Amendment 6th-Amendment Alibi-Witnesses constitutional-rights Due-Process Eyewitness-Identification ineffective-assistance reasonable-doubt sixth-amendment Ineffective-Assistance-of-Counsel
20-5883 Kyle Patrick Comrie v. California California 2020-10-01 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process felony-murder jury-findings jury-instructions reasonable-doubt sandstrom sufficiency-of-evidence Did the trial court permit prejudicial error by allowing the jury to find first-degree murder without specific findings of fact on each required eleme…
20-5734 Alfred Flores, III v. California California 2020-09-17 Denied IFP capital-punishment constitutional-requirements criminal-procedure criminal-sentencing death-penalty due-process jury-findings jury-trial reasonable-doubt ring-v-arizona sentencing whether-california's-death-penalty-scheme-violates-the-constitutional-requirement-that-any-fact-that-increases-the-penalty-for-a-crime-must-be-found-b…
20-5603 Michael A. Glover v. Pennsylvania Pennsylvania 2020-09-08 Denied Response WaivedIFP 14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process equal-protection evidence-sufficiency reasonable-doubt sufficiency-of-evidence Did the Pennsylvania state courts violate the petitioner's 5th and 14th amendment rights when they found the petitioner guilty despite insufficient ev…
20-5240 Cynthia Gilmore v. United States Fourth Circuit 2020-07-31 Denied Response WaivedIFP ambiguity ambiguous-verdict conspiracy criminal-procedure jury-instructions jury-verdict predicate-acts reasonable-doubt sentencing Whether the sentencing court is required to use the reasonable doubt standard to determine the predicate acts where the jury's verdict was purposefull…
20-5156 Manuel Contreras Saucedo v. United States Fifth Circuit 2020-07-23 Denied Response WaivedIFP constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt?
20-5109 Ganaa Otgoo v. Illinois Illinois 2020-07-20 Denied Response WaivedIFP conflict-between-state-court-decisions constitutional-rights criminal-procedure due-process fair-trial federal-constitutional-rights legal-review reasonable-doubt state-court state-court-actions wrongful-conviction Whether State Court actions denied Petitioner's Federal Constitutional Rights, denied Petitioner Fair and Impartial Trial
20-5072 Rodney Renard Newberry v. Florida Florida 2020-07-15 Denied IFP apprendi capital-sentencing due-process elements reasonable-doubt ring-v-arizona Whether, considering the operation and effect of Florida's capital sentencing scheme, the Due Process Clause requires those latter two determinations …
19-1465 Robert Marcelis v. Pennsylvania Pennsylvania 2020-07-07 Denied Response Waived criminal-defendant criminal-procedure increased-sentence jury-finding jury-trial prior-convictions reasonable-doubt sentencing-enhancement sixth-amendment Does the sixth amendment require a jury finding beyond a reasonable doubt that a criminal defendant has one or more prior convictions before an increa…
19-8678 Robert Michael Fall v. United States Fourth Circuit 2020-06-12 Denied Response WaivedIFP criminal-procedure due-process exclusionary-rule fourth-amendment multiplicitous-counts reasonable-doubt search-and-seizure standing Did the District Court and Court of Appeals rely on inapplicable exceptions to the exclusionary rule, violating Mr. Fall's Fourth Amendment rights?
19-8675 Issac Oral Chandler v. United States Fifth Circuit 2020-06-11 Denied Response WaivedIFP constitutional-challenge criminal-sentencing due-process fifth-amendment jury-trial reasonable-doubt revocation sixth-amendment statutory-interpretation supervised-release Should this Court grant review to determine whether the mandatory provision for revocation of supervised release set forth in 18 U.S.C. § 3583(g) viol…
19-8659 Steven Adam Segovia v. United States Fifth Circuit 2020-06-10 Denied Response WaivedIFP constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt?
19-8623 Joshua Charles Lovell Moseley v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-06-09 Denied IFP burglary criminal-conviction criminal-procedure dominion-control double-jeopardy due-process equal-protection federalism grand-larceny reasonable-doubt standard-of-review totality-principle When two state courts arrive at different conclusions using different governing legal principles on the same case, should the petitioner be given a re…
19-8438 Rodney Lyn Emil v. Nevada Nevada 2020-05-12 Denied IFP aggravating-factors burden-of-proof capital-sentencing constitutional-procedure death-penalty jury-finding jury-instructions mitigating-circumstances reasonable-doubt Is Nevada's capital sentencing procedure unconstitutional after Hurst v. Florida?
19-8446 Anthony S. Twitty v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. Third Circuit 2020-05-12 Denied Relisted (2)IFP civil-rights constitutional-rights due-process federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions pcra-statute reasonable-doubt Was the Petitioner denied the right to a fair trial, due to hypothetical-jury, jury-instruction, ineffective-assistance-of-counsel, reasonable-doubt
19-8364 Adam C. Vance v. United States Sixth Circuit 2020-04-27 Denied Response WaivedIFP access-device-fraud aggravated-identity-theft criminal-procedure identity-theft internet-transactions interstate-commerce reasonable-doubt sufficiency-of-evidence united-states-v-alexander united-states-v-vance Was Vance Entitled To Acquittal for Online Internet-based Aggravated Identity Theft
19-8239 Robert Ybarra, Jr. v. William Gittere, Warden, et al. Nevada 2020-04-10 Denied IFP aggravating-factors constitutional-rights death-penalty due-process jury-determination jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-procedure Did the Nevada Supreme Court violate Ybarra's constitutional rights by holding that the outweighing determination—a finding that exposed Ybarra to a g…
19-8022 Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-03-19 Denied IFP burden-of-proof chapman-v-california deck-v-missouri due-process habeas-corpus ineffective-assistance reasonable-doubt shackling shackling-error sixth-amendment When a trial court unjustifiably orders a defendant shackled throughout trial contrary to the rule in Deck v. Missouri, is the burden on the defendant…
19-7971 William L. Lewis v. Illinois Illinois 2020-03-12 Denied Response WaivedIFP bias burden-of-proof criminal-procedure due-process judicial-error prejudice prior-convictions reasonable-doubt robbery sentencing sufficiency-of-evidence Did the trial court and appellate court err in entering a finding of guilt on a single count robbery when the government did not prove petitioner's gu…
19-7789 Steven Klein v. California, et al. Ninth Circuit 2020-02-26 Denied IFP burden-of-proof cage-v-louisiana criminal-procedure due-process fourteenth-amendment jury-instructions reasonable-doubt structural-error sullivan-v-louisiana Whether the trial court erred by overruling Klein's objection to prosecution's misstated of the burden of proof during closing arguments
19-7633 Anthony Allen v. Illinois Illinois 2020-02-12 Denied Response WaivedIFP burden-of-proof criminal-law criminal-procedure due-process fourteenth-amendment intent-element jury-instruction jury-instructions presumption-of-intent reasonable-doubt Whether the jury instruction that 'the law presumes that a person intends the ordinary consequences of his voluntary acts' violates the Fourteenth Ame…
19-7649 Socorro Susan Caro v. California California 2020-02-12 Denied IFP aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c…
19-7514 Ekanem Kurfreobon Essien v. Suzanne M. Peery, Warden Ninth Circuit 2020-01-31 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-street-gang due-process habeas-corpus ninth-circuit-review reasonable-doubt sentencing-enhancement street-terrorism-enforcement-and-prevention-act sufficiency-of-evidence Whether the Ninth Circuit erred in denying petitioner's habeas petition
19-7429 Louis Mitchell, Jr. v. California California 2020-01-28 Denied IFP 14th-amendment 5th-amendment 6th-amendment aggravating-circumstances aggravating-mitigating-circumstances constitutional-rights death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-determination jury-trial mitigating-circumstances reasonable-doubt sixth-amendment Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se…
19-7379 Lee Samuel Capers v. California California 2020-01-22 Denied IFP constitutional-requirement criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum Whether California's death penalty scheme violates the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior…
19-7272 Kenyatta Quinn Mitchell v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2020-01-15 Denied Response WaivedIFP 6th-amendment compulsory-process constitutional-law constitutional-rights criminal-conviction criminal-procedure due-process evidentiary-hearing fair-trial reasonable-doubt sixth-amendment trial-fairness Whether the petitioner received constitutionally effective assistance of counsel at trial
19-7273 Pablo Rodriguez-Palomino v. Illinois Illinois 2020-01-15 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure criminal-sexual-assault due-process essential-elements fourteenth-amendment jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review state-evidence sufficiency-of-evidence Whether the standard to be applied by state courts when a defendant claims that the evidence is insufficient to convict is whether any rational trier …
19-7255 Fernando Duran v. United States Tenth Circuit 2020-01-13 Denied Response WaivedIFP acknowledgment criminal-procedure drug-possession due-process evidence evidence-standard jury narcotics-law reasonable-doubt Does the due process clause's requirement of proof beyond a reasonable doubt obligate the government in a drug possession case to present evidence of …
19-7220 Francisco Guerrero-Saucedo v. United States Fifth Circuit 2020-01-09 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-7168 Tracy Eugene Johnson v. Illinois Illinois 2020-01-03 Denied IFP burglary constitutional-rights Direct-appeal due-process effective-assistance-of-counsel Failure-to-prove-essential-elements-of-offense fourteenth-amendment Fourteenth-Amendment-due-process Post-trial-motion reasonable-doubt sixth-amendment Sixth-Amendment-right-to-effective-assistance-of-c Whether petitioner was denied his Sixth Amendment constitutional right to the effective assistance of appellate counsel
19-7063 Leeton Jahwanza Thomas v. Pennsylvania Pennsylvania 2019-12-26 Denied IFP capital-punishment capital-sentencing death-penalty eighth-amendment fourteenth-amendment jury-trial reasonable-doubt sixth-amendment Were Petitioner's rights under the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution violated by a Pennsylvania statutory sch…
19-7054 Philip Rogers v. Debbie Asuncion, Warden Ninth Circuit 2019-12-23 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure drug-use evidence foreseeability ineffective-assistance reasonable-doubt trial-strategy vehicular-homicide Did the failure to introduce evidence that the pedestrian had cocaine in her system render counsel's assistance constitutionally ineffective?
19-7025 Michael Feliciano v. George Miller, Superintendent, State Correctional Institution at Waymart, et al. Third Circuit 2019-12-20 Denied Response WaivedIFP carrier due-process effective-assistance-of-counsel eyewitness eyewitness-testimony in-re-winship ineffective-assistance investigation jury-instructions reasonable-doubt sixth-amendment strickland strickland-standard Is the State court of last resort and U.S. Court of Appeals decision which denied petitioner's claim that he was deprived of his Sixth Amendment right…
19-7027 Patrick T. Hughes v. Pennsylvania Pennsylvania 2019-12-20 Denied Response WaivedIFP accomplice-liability confrontation-clause criminal-conspiracy criminal-homicide due-process eighth-amendment evidence reasonable-doubt Whether the evidence was sufficient to sustain a conviction of criminal homicide, criminal conspiracy to commit homicide
19-6906 Datanya Damon Alexander v. United States Fifth Circuit 2019-12-11 Denied IFP constitutional-law criminal-procedure due-process fifth-circuit-review indictment jury-determination jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement Whether this Court should hold the instant petition in light of Shular v. United States
19-6898 Demicko Billie Thomas v. Maggie Miller-Stout, Warden, et al. Ninth Circuit 2019-12-10 Denied Response WaivedIFP appellate-jurisdiction burden-of-proof criminal-procedure due-process fourteenth-amendment musacchio-precedent musacchio-v-united-states ninth-circuit reasonable-doubt supreme-court-review washington-state-supreme-court Whether the Fourteenth Amendment requires each and every element of a charged offense to be proven beyond a reasonable doubt
19-6757 Jamal Bowens v. United States Sixth Circuit 2019-11-26 Denied IFP criminal-law criminal-statute due-process firearm-possession firearms mens-rea reasonable-doubt rehaif-interpretation statutory-interpretation supreme-court Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 139 S. Ct. 2…
19-6647 Michael J. Baxter v. United States Eleventh Circuit 2019-11-15 Denied IFP acquitted-conduct batson-challenge batson-v-kentucky criminal-procedure due-process equal-protection jury-selection racial-discrimination reasonable-doubt sentencing-guidelines sixth-amendment united-states-v-watts Whether the striking of two out of three black veniremembers demonstrates a 'pattern of discrimination' as necessary to satisfy the first step of the …
19-6538 Levi Jermaine Griffin v. United States Eleventh Circuit 2019-11-07 Denied Response WaivedIFP burden-of-proof child-pornography criminal-indictment criminal-knowledge criminal-law criminal-procedure due-process evidence jury-instructions mens-rea possession-of-child-pornography reasonable-doubt statutory-elements Whether the evidence was insufficient to satisfy the government's burden to prove the element of knowledge as to the possession of child pornography c…
19-6320 Nalen Pierre Williams v. United States Ninth Circuit 2019-10-21 Denied IFP 18-usc-922g1 criminal-law criminal-statute due-process felon-in-possession firearm-possession legal-status mens-rea plain-error reasonable-doubt rehaif-precedent rehaif-v-united-states statutory-interpretation Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 139 S. Ct. 2…
19-6218 Timothy Milton Boone v. Maryland Maryland 2019-10-09 Denied IFP 14th-amendment assault burden-of-proof burglary constitutional-requirements criminal-intent criminal-procedure due-process elements-of-crime first-degree-assault first-degree-burglary maryland-code maryland-criminal-code reasonable-doubt Did the lower court err in failing to prove the first-degree assault and first-degree burglary elements beyond a reasonable doubt?
19-6071 Demetrius Desean Morgan v. Michigan Michigan 2019-09-26 Denied Response WaivedIFP criminal-procedure due-process eyewitness-identification first-amendment fourteenth-amendment freedom-of-association impartial-jury ineffective-assistance insufficient-evidence physical-characteristics reasonable-doubt sixth-amendment surveillance-video video-surveillance Was the evidence of Petitioner's identity as the shooter sufficient to sustain the first-degree murder conviction?
19-6049 Lawrence T. Tyler v. United States Fifth Circuit 2019-09-24 Denied Response WaivedIFP collateral-consequences coram-nobis criminal-sentencing deportation fact-finding fourth-amendment habeas-corpus ineffective-assistance-of-counsel judicial-fact-finding jury-trial loss-amount reasonable-doubt search-and-seizure sixth-amendment Whether a Certificate-Of-Appealability should be granted
19-5977 Kerry Lyn Dalton v. California California 2019-09-17 Denied IFP 14th-amendment 5th-amendment 6th-amendment constitutional-requirement criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment statutory-maximum Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con…
19-5927 Cuitlahuac Tahua Rivera v. California California 2019-09-13 Denied IFP constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to…
19-5933 Julian Alejandro Mendez v. California California 2019-09-13 Denied IFP aggravating-factors constitutional-amendments criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment reasonable-doubt sixth-amendment trier-of-fact Whether the California death penalty scheme violates the Fifth, Sixth and Fourteenth Amendments by permitting the trier of fact to impose a sentence o…
19-5774 Patrick O. Neiss v. Montana Montana 2019-09-05 Denied Response WaivedIFP burden-of-proof circumstantial-evidence constitutional-rights due-process fourth-amendment holland-v-united-states jury-instruction jury-instructions net-worth-prosecution particularity presumption-of-innocence probable-cause reasonable-doubt search-and-seizure Should this lack of clarity be resolved by this Court?
19-5829 Yoni Castro-Lopez v. United States Fifth Circuit 2019-09-05 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-5832 Daniel G. Durain v. Florida Florida 2019-09-05 Denied Response WaivedIFP administrative-law criminal-procedure due-process endangered-species-act environmental-regulation evidence federal-agency-discretion habitat-conservation judicial-interpretation jury-instructions mens-rea premeditation reasonable-doubt Can motive be used to establish premeditation?
19-5819 Arthur Rathburn v. United States Sixth Circuit 2019-09-04 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence-standard evidentiary-issues fair-notice jury-instructions reasonable-doubt right-to-jury-trial right-to-present-defense sufficiency-of-evidence vagueness Whether the government failed to present sufficient evidence to support the convictions beyond a reasonable doubt
19-5686 Ronnie L. Payne v. United States District of Columbia 2019-08-23 Denied Response WaivedIFP burden-of-proof constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt Was trial counsel's performance objectively unreasonable when he did not object to the trial judge's faulty reasonable doubt instruction directing the…
19-5645 Thomas Potts v. California California 2019-08-20 Denied IFP burden-of-proof criminal-procedure due-process jury-instruction jury-instructions possession-of-stolen-property reasonable-doubt robbery robbery-murder theft Where a criminal defendant is charged with robbery (and thus death-eligible robbery-murder) and the jury must decide whether the prosecution proved ro…
19-208 Mark A. Beckham v. United States Eighth Circuit 2019-08-19 Denied appellate-review constitutional-rights criminal-procedure due-process harmless-error jury-instruction jury-instructions reasonable-doubt standard-of-review When is it constitutionally permissible for an appellate court to conclude that a district court's refusal to instruct the jury as to two elements of …
19-5497 John McGill v. United States Eleventh Circuit 2019-08-08 Denied Response RequestedResponse WaivedRelisted (3)IFP burden-of-proof constitutional-rights criminal-procedure due-process fifth-amendment jury-instructions pattern-jury-instructions reasonable-doubt sixth-amendment When a district court issues erroneous jury instructions that include (a) to consider conviction with less than guilt beyond all reasonable doubt and …
19-5457 Matthew G. Munksgard v. United States Eleventh Circuit 2019-08-05 Denied Response RequestedResponse WaivedRelisted (2)IFP bank-fraud banking criminal-intent criminal-procedure document-forgery due-process evidence fdic-insurance financial-regulation presumption reasonable-doubt signature-fraud statutory-interpretation Whether it is proper to presume that a certificate of FDIC insurance issued 23 years earlier, combined with the statement of a bank officer that FDIC …
19-141 Jeffrey Fairbanks v. Indiana Indiana 2019-07-30 Denied Response Waived criminal-conviction criminal-procedure due-process evidence evidentiary-rules ex-post-facto judicial-construction jury jury-instructions propensity-evidence reasonable-doubt vague-statute vagueness Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity eviden…
19-5394 Michael Leon Bell v. California California 2019-07-30 Denied IFP aggravating-circumstances capital-punishment constitutional-procedure death-penalty due-process fourteenth-amendment jury-fact-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-standards sixth-amendment Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m…
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…
19-5340 Carl Prostell v. David Zook, Warden Fourth Circuit 2019-07-26 Denied Response WaivedIFP appeal confrontation-clause constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury post-conviction-relief reasonable-doubt sufficiency-of-evidence Whether the evidence was sufficient to find guilt beyond a reasonable doubt?
19-5320 Romon Lamont Dobbins v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections Tenth Circuit 2019-07-24 Denied IFP criminal-procedure due-process evidentiary-hearing fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence reasonable-doubt search-and-seizure Was Petitioner's Conviction Sustained With Insufficient Evidence Beyond A Reasonable Doubt?
19-5260 Michael Levon Jackson v. United States Eleventh Circuit 2019-07-19 GVR IFP 18-usc-922g acquittal constitutional-law constitutional-rights criminal-procedure due-process element-of-crime jury-instruction jury-instructions jury-unanimity reasonable-doubt sentencing Does an inaccurate jury instruction on an element of a crime violate due process of law?
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?
19-78 John Doe, aka Cheyenne Moody Davis v. United States Fourth Circuit 2019-07-16 Denied Amici (1)Response Waived appellate-review conflict-among-courts constitutional-rights criminal-procedure due-process judicial-discretion jury-instructions reasonable-doubt standard-of-proof trial-court Whether a trial court in criminal proceedings must, upon request from the jury, explain the meaning of the 'beyond a reasonable doubt' standard to the…
19-5130 Tammie McConico v. United States Eleventh Circuit 2019-07-10 Denied Response WaivedIFP circuit-courts circumstantial-evidence equal-protection federal-circuit-courts reasonable-doubt sixth-amendment standard-of-review Whether the Sixth Amendment requires proof beyond a reasonable doubt, even in a circumstantial case?
19-5007 Jonathan Paul Sikes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-01 Denied Relisted (2)IFP actual-innocence credibility-of-witnesses criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia juvenile-offender reasonable-doubt sexual-offenses standard-of-proof sufficiency-of-evidence testimony witness-credibility Does the Northern District Court's decision conflict with the holding in Jackson v. Virginia as the Northern District Court misapplied the standard in…
19-5018 Gettus Leroy Mintz v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-07-01 Denied IFP actual-innocence brady-violation certificate-of-appealability constitutional-review conviction-standard criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct procedural-default reasonable-doubt Whether the willful and serial denial of attempts to demonstrate actual innocence, by the courts and counsel, presents at a minimum the debatable qual…
18-9828 Dylan Magluilo v. Louisiana Louisiana 2019-06-27 Denied Response WaivedIFP appellate-review conflicting-decisions constitutional-law due-process fair-trial fifth-amendment fourteenth-amendment judicial-proceedings judicial-review public-interest reasonable-doubt Did Louisiana Courts err in denying Dylan Magluilo right to a fair trial and subsequent review when rejecting claims involving, Conflicting Decisions …
18-9809 Willie Strong v. New York New York 2019-06-26 Denied IFP automobile-presumption burden-of-proof criminal-procedure due-process fourteenth-amendment jury-instructions possession reasonable-doubt statutory-interpretation statutory-presumption When is evidence sufficient to render the 'Automobile Presumption' N.Y. P.-L. §265.15 (3)(a) inapplicable?
18-9799 Benito Rivera v. United States First Circuit 2019-06-25 Denied Response WaivedIFP appellate-review criminal-procedure due-process judicial-discretion jury-instruction jury-instructions reasonable-doubt standard-of-proof Should certiorari be granted to find that, while a district court need not define reasonable doubt, if it does so, it cannot employ a definition that …
18-9698 Ruben Perez Gomez v. California California 2019-06-18 Denied IFP constitutional-requirement death-penalty fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-finding reasonable-doubt sentencing-standard sixth-amendment statutory-maximum statutory-maximum-punishment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact other than a prior co…
18A1329 Travis Wade Matthews v. Pennsylvania Pennsylvania 2019-06-18 Presumed Complete criminal-conviction due-process pro-se-petition racial-identification reasonable-doubt sufficiency-of-evidence Whether the evidence was constitutionally sufficient to support a criminal conviction when the victim did not directly identify the defendant and the …
18-9616 Rocky Riojas-Ordaz v. United States Fifth Circuit 2019-06-13 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-1528 Jake Paul Heiney v. Ohio Ohio 2019-06-10 Denied Response Waived criminal-conviction criminal-procedure due-process harmless-error harmless-error-analysis jury-finding-of-guilt jury-instruction jury-instructions reasonable-doubt structural-error sullivan-v-louisiana winship Improper-jury-instruction-on-element-of-offense
18-9583 Alfredo M. Vasquez v. California California 2019-06-07 Denied IFP constitutional-law due-process evidence federal-constitution jury-instructions reasonable-doubt sexual-assault sexual-contacts state-constitution victim Was the exclusion of evidence regarding the alleged victim's prior sexual contacts with her boyfriend a denial of due process under the Federal and St…
18-9567 Daniel De Leon v. United States Fifth Circuit 2019-06-06 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt supervised-release Whether violations of supervised release require proof to a jury beyond a reasonable doubt
18-9349 Robert Lee McConnell v. William Gittere, Warden, et al. Nevada 2019-05-20 Denied IFP 8th-amendment aggravating-circumstances capital-sentencing constitutional-requirement due-process jury-finding mitigating-circumstances reasonable-doubt Whether the Constitution requires—in a state in which a jury is required to find that mitigating circumstances do not outweigh the aggravating circums…
18-9321 Jesus Cornelio Dolmo-Alvarez v. United States Fifth Circuit 2019-05-17 Denied Response WaivedIFP criminal-procedure indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit…
18-1433 Milton Balkany v. United States Second Circuit 2019-05-15 Denied Response Waived actual-innocence criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan miscarriage-of-justice procedural-default reasonable-doubt trevino-v-thaler Whether a lower court can apply a default rule or ignore precedent on actual innocence and ineffective assistance of counsel claims
18-9252 Kevin Foster v. Florida Florida 2019-05-15 Denied IFP capital-murder capital-punishment death-penalty death-sentence due-process eighth-amendment first-degree-murder jury-findings jury-unanimity reasonable-doubt unanimous-verdict Whether Mr. Foster's death sentence is unconstitutional because it violates the Eighth Amendment and the Due Process Clause
18-9062 Derek Ray King v. United States Fifth Circuit 2019-05-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release whether-violations-of-supervised-release-require-jury-proof-beyond-reasonable-doubt
18-8944 Timmy W. Doucet v. Louisiana Louisiana 2019-04-23 Denied Response WaivedIFP criminal-procedure due-process evidence jury-deliberation jury-deliberations louisiana-criminal-code reasonable-doubt reversible-error sixth-amendment testimonial-evidence Whether reasonable jurists determine that it was reversible error for the district court to permit the jury, over defense counsel's objections, to vie…
18-8843 John Leroy Milne v. United States Tenth Circuit 2019-04-16 Denied Response WaivedIFP criminal-procedure drug-identity drug-quantity due-process evidence reasonable-doubt sufficiency-of-evidence Whether the evidence presented was sufficient to prove beyond a reasonable doubt that Mr. Milne conspired to possess and knowingly possessed with inte…
18-8847 Javier Bocanegra, Jr. v. United States Fifth Circuit 2019-04-16 Denied Response WaivedIFP chain-of-custody cocaine-conspiracy conspiracy controlled-substances cooperating-witnesses credibility criminal-conspiracy criminal-law deferred-adjudication drug-offense-enhancement evidence full-faith-and-credit reasonable-doubt Is there insufficient evidence for a conspiracy to transport cocaine conviction based upon the testimony of cooperating witnesses who are not credible…
18-8825 Timeiki Hedspeth v. United States Fourth Circuit 2019-04-15 Denied Response WaivedIFP appeal criminal-history criminal-procedure criminal-sentencing district-court due-process evidentiary-rulings fair-trial federal-sentencing-guidelines offense-level reasonable-doubt restitution sentencing sentencing-guidelines Did the District Court use an incorrect criminal history category to sentence Ms. Hedspeth?
18-8753 Carl Devon Powell v. California California 2019-04-10 Denied IFP aggravating-circumstances constitutional-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-fact-finding mitigating-circumstances reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c…
18-8714 Kenneth Whigham, Jr., aka Kenneth Pringle v. United States First Circuit 2019-04-05 Denied Response WaivedIFP Almendarez-Torres-v-United-States constitutional-challenge criminal-procedure due-process jury-submission jury-trial prior-conviction prior-convictions reasonable-doubt sentencing sentencing-enhancement supreme-court-precedent Whether this Court's decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998), which held that the allegation of a prior conviction need no…
18-8625 Jennifer N. Nere v. Illinois Illinois 2019-03-29 Denied Response WaivedIFP burrage-v-united-states but-for-causation constitutional-rights contributing-cause controlled-substances criminal-law drug-induced-homicide due-process illinois-supreme-court precedent reasonable-doubt statutory-interpretation Whether the defendant may be convicted under the Minois drug induced homicide Statute when the use of the controlled substance was a coe. 'contributin…
18-8506 Jose Jaime Lopez v. United States Seventh Circuit 2019-03-21 Denied Response WaivedIFP 21-usc-846 7th-circuit 7th-circuit-precedent 851-colloquy abuse-of-statute appellate-review attempt-charge attempt-conviction civil-rights criminal-procedure drug-deal due-process indigent indigent-defendant indigent-status prior-conviction reasonable-doubt right-to-counsel seventh-circuit speculation standing substantial-step Whether petitioner was deprived of the right to counsel
18-8392 Obinna Obiora v. United States First Circuit 2019-03-13 Denied Response WaivedIFP constitutional-law controlled-substance criminal-procedure drug-conspiracy due-process jackson-standard jackson-v-virginia reasonable-doubt sufficiency-of-evidence When the evidence that links a defendant to a charged drug conspiracy is based on his participation in an isolated series of alleged transactions with…
18-8296 Keith Alexander v. Robert Gilmore, Superintendent, State Correctional Institution at Greene Third Circuit 2019-03-06 Denied IFP actual-innocence brady-violation certificate-of-appealability civil-rights constitutional-violation due-process habeas-corpus newly-discovered-evidence pro-se-petition reasonable-doubt standing third-circuit-review Whether the Third Circuit was in error in not issuing a Certificate of Appealability on the merits of Pro Se petitioner's arguments
18-8280 Darrell J. Williams v. Cecilia Reynolds, Warden Fourth Circuit 2019-03-05 Denied Response WaivedIFP blakely-v-washington circumstantial-evidence due-process fifth-circuit jackson-v-virginia reasonable-doubt sentencing sufficiency-of-evidence Whether the Due Process Standard of Jackson v. Virginia requires a court to consider all evidence, including evidence inconsistent with guilt, in deci…
18-8281 Michael Torres v. United States Ninth Circuit 2019-03-05 Denied Response WaivedIFP 18-usc-2113 18-usc-924 18-usc-924c bank-robbery carter-v-united-states circuit-split crime-of-violence crimes-of-violence criminal-intent criminal-law intimidation-statute leocal-v-ashcroft reasonable-doubt statutory-interpretation Did the Court in Carter v. United States add an additional layer of proof to 18 U.S.C. § 2113(a) such that the government must now prove beyond a reas…
18-8244 Justin Keith Cornell v. Virginia Virginia 2019-03-04 Denied Response WaivedRelisted (2)IFP actus-reus appellate-review cause-of-death circumstantial-evidence criminal-agency criminal-conviction due-process jury-standard mens-rea reasonable-doubt second-degree-murder sufficiency-of-evidence Whether the Supreme Court of Virginia erred in applying the criteria of excluding all reasonable hypotheses of appellant's innocence, rather than the …
18-8129 Charles Russell v. Texas Texas 2019-02-25 Denied IFP 2nd-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence evidence-admission reasonable-doubt social-media social-media-evidence witness-testimony Did the Trial Court relieve the state of its burden to prove guilt beyond a reasonable doubt when it allowed the state to show the jury photos found o…
18-8028 Ronald Reel v. Darrel Vannoy, Warden Fifth Circuit 2019-02-21 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions reasonable-doubt self-representation speedy-trial Whether petitioner was deprived of his 5th Amendment right to the Reasonable Doubts Clause
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?
18-8031 William Bolden v. Pennsylvania Pennsylvania 2019-02-19 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process jury prior-conviction reasonable-doubt sentencing sentencing-enhancement statutory-maximum Was petitioner sentenced under a statute that violate due process of law under the United States Constitution by permitting a trial court to impose an…
18-7973 Jaime Villa v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence Whether there was insufficient evidence to prove Villa guilty beyond a reasonable doubt?
18-7780 Joseph Lemoine v. Darrel Vannoy, Warden Fifth Circuit 2019-02-06 Denied Response WaivedIFP burden-of-proof burden-of-proof-beyond-reasonable-doubt constitutional-rights daubert-standard due-process effective-assistance-of-counsel essential-elements-of-offense expert-witness fourteenth-amendment reasonable-doubt sixth-amendment sufficiency-of-evidence Whether reasonable jurists could argue that the State failed to meet its burden of proof beyond reasonable doubt
18-7795 Markus D. Lanieux v. Louisiana Louisiana 2019-02-06 Denied Response WaivedIFP Blakely Blakely-v-Washington Booker Booker-v-United-States criminal-procedure due-process habitual-offender habitual-offender-law jury-trial mandatory-minimum-sentence reasonable-doubt sentencing sentencing-enhancement sixth-amendment Whether the sentencing scheme under Louisiana's Habitual Offender Law is subject to the jury requirements of the Sixth Amendment
18-7692 Byron Anthony Horn v. United States Fifth Circuit 2019-01-31 Denied Response WaivedIFP criminal-law criminal-procedure criminal-sentencing due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining pleading reasonable-doubt reasonable-sentence sentencing statutory-interpretation Whether facts that alter the range of 'reasonable' federal sentences must be pleaded in the indictment in federal cases?
18-7526 In Re Robert Heffernan 2019-01-23 Dismissed IFP criminal-conviction due-process fourteenth-amendment habeas-corpus insufficient-evidence reasonable-doubt winship-doctrine Whether it violates the due process clause of the Fourteenth Amendment for a state trier of fact to convict petitioners where the evidence cannot fair…
18-7529 Andre Almond Dennison v. Arizona Arizona 2019-01-23 Denied IFP 6th-amendment apprendi apprendi-v-new-jersey constitutional-rights dangerous-crimes dangerous-crimes-against-children due-process enhancement fourteenth-amendment jury-trial reasonable-doubt sentencing Does Arizona's Sentencing Scheme Violate Due Process Clause, & Amendment, And Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348 (2000) When Petitio…
18-7516 Joseph Adam Mora v. California California 2019-01-22 Denied IFP 14th-amendment 5th-amendment 6th-amendment constitutional-amendments criminal-sentencing death-penalty jury-finding jury-trial reasonable-doubt statutory-maximum Does the California death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that any fact, other than a prior co…
18-7442 Kevin Underwood v. Mike Carpenter, Warden Tenth Circuit 2019-01-16 Denied IFP aggravating-circumstances apprendi-v-new-jersey beyond-reasonable-doubt capital-punishment capital-punishment-scheme capital-sentencing death-penalty due-process jury-findings jury-instructions mitigating-circumstances reasonable-doubt supreme-court-precedent tenth-circuit Whether the Tenth Circuit's decision conflicts with Apprendi v. New Jersey and Ring v. Arizona
18-7457 Charles Edward Case v. California California 2019-01-16 Denied IFP capital-punishment constitutional-amendment criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury jury-finding reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con…
18-7424 William Felix Vail v. Louisiana Louisiana 2019-01-15 Denied Response WaivedIFP burden-of-proof circumstantial-evidence civil-code criminal-evidence doctrine-of-chances due-process forensic-evidence physical-proof presumption-of-innocence presumptive-evidence reasonable-doubt Did the State offer sufficient evidence to prove guilt beyond a reasonable doubt?
18-7327 Trevor Johnson v. Darrel Vannoy, Warden Fifth Circuit 2019-01-11 Denied Response WaivedIFP aggravated-rape Batson-Violation constitutional-rights daubert-standard Denial-of-Motion-to-Suppress expert-testimony first-fourth-fourteenth-amendments fourteenth-amendment insufficient-evidence jury-verdict Non-Unanimous-Verdict reasonable-doubt Unreliable-'Expert'-Testimony unreliable-expert-testimony Violation-of-Telecommunications-Act whether-reasonable-jurists-would-debate-that-the-t whether-reasonable-jurists-would-find-that-the-tri Whether reasonable jurist would find that the State failed to prove beyond a reasonable doubt, every essential dement of the offense that Mr. Johnson …
18-7371 Nicole Johnson v. California California 2019-01-11 Denied Response WaivedIFP burden-of-proof circumstantial-evidence civil-rights criminal-conviction criminal-procedure due-process jury-instructions presumption-of-innocence reasonable-doubt stolen-property Whether proof that the defendant possessed recently stolen property—any stolen property, as far as the instruction is concerned, even if the defendant…
18-7297 Donnie Howard v. California California 2019-01-10 Denied Response WaivedIFP burden-of-proof criminal-procedure jury-instructions jury-trial reasonable-doubt burden-of-proof due-process fourteenth-amendment jury-instructions jury-trial reasonable-doubt sixth-amendment Did the trial court's statements during jury selection equating being convinced beyond a reasonable doubt with being 'sure' or 'positive' of guilt vio…
18-7356 Jack Gossett v. United States Fifth Circuit 2019-01-10 Denied Response WaivedIFP criminal-procedure criminal-trial-procedure defendant-rights due-process expert-testimony government-agent-testimony jury-influence prejudice reasonable-doubt reversible-error substantial-rights untendered-expert-testimony Did the testimony of a government agent, not tendered as an expert, influence the jury's decision on guilt beyond a reasonable doubt?
18-7259 Jack E. Allen v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale Pennsylvania 2019-01-07 Denied IFP batson-v-kentucky civil-rights due-process false-imprisonment fourteenth-amendment habeas-corpus ineffective-assistance innocence reasonable-doubt sixth-amendment Did the petitioner give the first opportunity of the state supreme court to resolve such claims, issues, contentions in a state habeas corpus?
18-7210 Gordon Prailow v. Maryland Maryland 2019-01-03 Denied Response WaivedIFP automatic-reversal collateral-review constitutional-deficiency criminal-procedure due-process habeas-corpus jury-instructions jury-verdict reasonable-doubt retroactivity sixth-amendment watershed-rule Whether state collateral review courts must retroactively apply the watershed/bedrock procedural rule of automatic reversal to jury findings that are …
18-7199 Adelmo A. Fauntleroy v. Virginia Virginia 2018-12-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-counsel incarceration ineffective-assistance-of-counsel reasonable-doubt right-to-counsel sixth-amendment Did the Court have sufficient evidence beyond a reasonable doubt to convict the petitioner under the Sixth Amendment
18-7167 Cornelius Tyrone Kirsh v. Louisiana Louisiana 2018-12-26 Denied Response WaivedIFP aggravated-flight burden-of-proof criminal-procedure double-jeopardy due-process habitual-offender insufficient-evidence involuntary-statements reasonable-doubt sufficiency-of-evidence Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Kirsh is guilt
18-7101 John Samuel Ghobrial v. California California 2018-12-19 Denied IFP capital-punishment constitutional-rights criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact that serves to increa…
18-7110 James M. Flinn v. Mike Parris, Warden Sixth Circuit 2018-12-19 Denied Response WaivedIFP criminal-procedure due-process evidence fourteenth-amendment indictment indictment-allegations insufficient-evidence jury-instructions reasonable-doubt sufficiency-of-evidence Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause
18-7130 Matthew G. Alden, Jr. v. Massachusetts Massachusetts 2018-12-19 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-charges criminal-charges-text-messages criminal-procedure due-process ineffective-assistance jury-instructions preponderance-of-evidence preponderance-of-the-evidence proof-beyond-reasonable-doubt reasonable-doubt right-to-acquittal structural-error text-message-evidence text-messages Whether the government's use of a preponderance-of-the-evidence standard to prove that the defendant sent text messages violates the defendant's right…
18-6975 Roy Arlen Van Nortrick v. Louisiana Louisiana 2018-12-11 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process duress duress-inducements-promises involuntary-statements judicial-error jury-instructions reasonable-doubt Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Van Nortrick is guilty
18-6873 Angela Armenta v. United States Seventh Circuit 2018-11-29 Denied Response WaivedIFP 5th-amendment-6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fifth-amendment jury reasonable-doubt sentencing sixth-amendment Is the absence of evidence probative evidence of proof beyond a reasonable doubt?
18-6865 Adony Nina v. United States Second Circuit 2018-11-28 Denied Response WaivedIFP aiding-and-abetting burden-of-proof criminal-law criminal-statute due-process jurisdiction jurisdictional-element prosecutorial-burden reasonable-doubt statutory-interpretation united-states Whether Title 18 U.S.C. § 2 (Aiding and Abetting) Requires the Prosecution to Prove Beyond A Reasonable Doubt The Jurisdictional Element By Establishi…
18-6805 Jose Rodriguez v. Daniel Paramo, Warden Ninth Circuit 2018-11-26 Denied IFP abuse-of-discretion constitutional-rights criminal-procedure due-process federal-question first-degree-murder ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instructions penal-code-187a principal reasonable-doubt Whether the petitioner's conviction for first-degree murder lacked sufficient evidence to support the verdict
18-6726 Billy Brantley v. Indiana Indiana 2018-11-16 Denied Response WaivedIFP 14th-amendment burden-of-proof charged-offense constitutional-law criminal-procedure due-process evidence fourteenth-amendment jury jury-instructions reasonable-doubt Where the State must present 'some' evidence of a particular fact before a jury may find a defendant guilty of a charged offense, does the Due Process…
18-6472 James Gibson v. United States Eleventh Circuit 2018-10-29 Denied Response WaivedIFP almendarez-torres criminal-procedure drug-offenses jury-trial mandatory-minimum prior-convictions reasonable-doubt recidivism sentencing sentencing-enhancement sixth-amendment Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial
18-6464 Frank Ralph LaPena v. George Grigas, et al. Ninth Circuit 2018-10-26 Denied Response WaivedIFP contract-killing criminal-conviction criminal-procedure due-process habeas-corpus highly-deferential-review ineffective-assistance-of-counsel legal-insufficiency legal-sufficiency nevada-supreme-court physical-evidence rational-juror reasonable-doubt sufficiency-of-evidence witness-testimony wrongful-conviction Whether the Nevada Supreme Court's decision rejecting the legal insufficiency claim was unreasonable because, even under a highly deferential review, …
18-6293 Alfredo Martinez-Rey v. United States Fifth Circuit 2018-10-11 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-6262 Richard Penunuri v. California California 2018-10-09 Denied IFP constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to…
18-6175 Victor Tony Jones v. Florida Florida 2018-10-02 Denied IFP 1981-homicide 1990-homicide capital-murder criminal-law death-penalty death-penalty-sentencing,hurst-v-state,jury-unanim hurst-v-state jury-unanimity reasonable-doubt retroactive-application retroactivity substantive-criminal-law Given that the elements of capital murder identified by the Florida Supreme Court in Hurst v. State are being applied in a prosecution for a 1981 homi…
18-5999 Joe Litton Bailey v. Louisiana Louisiana 2018-09-14 Denied IFP criminal-conviction criminal-procedure due-process evidence habitual-offender jury-trial reasonable-doubt sentencing-enhancement sufficiency-of-evidence Was the evidence presented to the jury sufficient to convict Bailey beyond a reasonable doubt?
18-5884 Matthew Gary Richardson v. United States Sixth Circuit 2018-09-05 Denied Response WaivedIFP circuit-split generic-burglary intent-requirement judicial-factfinding mandatory-sentence mandatory-sentencing mathis mathis-peek mathis-v-united-states reasonable-doubt sentencing-enhancement sixth-amendment statutory-interpretation taylor Whether the 'Mathis peek' used by the court below to guess if a fact is an element or a means of committing an offense violates the Sixth Amendment
18-5841 Juan David Rodriguez v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-08-31 Denied IFP 1981-homicide capital-murder death-penalty death-penalty-sentencing due-process hurst-v-state jury-unanimity reasonable-doubt retroactivity substantive-criminal-law Whether the elements of capital murder identified by the Florida Supreme Court in Hurst v. State apply to a 1981 homicide prosecution
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
18-5734 Robert Dennis Martin v. Oklahoma Oklahoma 2018-08-24 Denied IFP 4th-amendment civil-rights constitutional-waiver criminal-procedure due-process due-process,criminal-procedure,4th-amendment,stand fourth-amendment jury-verdict police-stop reasonable-doubt standing Can Oklahoma adopt a rule of law regarding the waiver of a fundamental constitutional right that does not meet the minimum criteria for such waivers s…
18-5681 Dexter Leemon Johnson v. Oklahoma Oklahoma 2018-08-21 Denied IFP civil-rights criminal-procedure due-process equal-protection judicial-error jury-instructions jury-trial jury-verdict reasonable-doubt sentencing statutory-maximum trial-error Whether the petitioner was denied the right to a jury verdict of guilt beyond a reasonable doubt
18-5604 Joe Fidel Flores v. W. L. Montgomery, Acting Warden Ninth Circuit 2018-08-15 Denied Response WaivedIFP criminal-procedure due-process evidence expert-testimony gang-expert-testimony jackson-standard jackson-v-virginia ninth-circuit ninth-circuit-review reasonable-doubt standard-of-review sufficiency-of-evidence Under the standard clearly established by this Court in Jackson v. Virginia, can a rational juror find an essential fact beyond a reasonable doubt bas…
18-5474 Heriberto Garcia-Hernandez v. United States Fifth Circuit 2018-08-07 Denied Response WaivedIFP criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit…
18-5447 David V. Rock v. Charmaine Bracy, Warden Sixth Circuit 2018-08-06 Denied IFP burden-of-proof constitutional-error due-process enhancement evidence habeas-corpus plea-bargaining plea-validity presumption-of-innocence reasonable-doubt sixth-amendment Whether the presumption of innocence and burden of proof requirements are unconstitutionally repealed in enhancement cases, requiring the defendant to…
18-5405 Fortino Pimentel-Soto v. United States Fifth Circuit 2018-08-01 Denied Response WaivedIFP criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit…
18-5403 Leroy Dean Dennis v. Oklahoma Oklahoma 2018-07-30 Denied Relisted (2)IFP 14th-amendment 6th-amendment capital-case constitutional-rights due-process fair-trial false-testimony jurisdiction oklahoma-constitution-article-2-section-20 reasonable-doubt title-18-usc-section-3432 witness-endorsement Whether a defendant's constitutional rights are violated when the prosecution fails to endorse trial witnesses as required by state law
18-5375 Christopher Henriquez v. California California 2018-07-27 Denied IFP aggravating-factors burden-of-proof capital-punishment constitutional-rights criminal-sentencing death-penalty due-process equal-protection jury-trial mitigating-circumstances reasonable-doubt Whether the California death penalty scheme violates the Fifth, Sixth and Fourteenth Amendments
18-5324 Anastasio N. Laoutaris v. United States Fifth Circuit 2018-07-24 Denied Response WaivedIFP 18-usc-1030 criminal-procedure criminal-procedure-due-process due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel jackson-v-virginia judgment-of-acquittal malicious-code perjury perjury-standard reasonable-doubt sentencing strickland-standard sufficiency-of-evidence Whether a rational jury could have found each essential element of the offense of transmitting a malicious code, in violation of 18 U.S.C. § 1030(a)(5…
18-5247 James McCray v. S. L. Burt, Warden Sixth Circuit 2018-07-18 Denied Response WaivedIFP 6th-amendment constitutional-violation criminal-procedure due-process judicial-discretion jury-trial minimum-sentence plea-bargaining reasonable-doubt sentencing-guidelines sixth-amendment Whether the Sixth Circuit decision is objectively unreasonable as a matter of due process, because McCray's sentencing guidelines offense variable(s) …
18-5157 In Re Jose Luis Arevalo 2018-07-09 Denied Response WaivedRelisted (2)IFP actual-innocence cause-and-prejudice cause-and-prejudice-doctrine certificate-of-appealability drug-crimes due-process eleventh-circuit fifth-amendment jurisdiction money-laundering reasonable-doubt Whether the due process clause was violated by failure to prove every element of money laundering beyond a reasonable doubt
18-5079 Michelle Lyn Michaud v. California California 2018-07-03 Denied IFP aiding-and-abetting burden-of-proof constitutional-error criminal-liability criminal-procedure due-process factfinding-function fifth-amendment jury-instructions jury-trial jury-trial-guarantees reasonable-doubt sixth-amendment Whether the trial court's incorrect instruction on aiding and abetting liability violated the constitutional jury trial guarantees of the Fifth, Sixth…
18-5029 Stephen Patrick Black v. Texas Texas 2018-06-28 Denied Response WaivedIFP civil-commitment civil-rights constitutional-rights directed-verdict directed-verdicts due-process fundamental-error jury-trial liberty reasonable-doubt Are directed verdicts constitutional in civil trials relating to indefinite civil commitment?
18-5030 Shawn Williams v. Jeff Norman, Warden Eighth Circuit 2018-06-28 Dismissed IFP congress constitutional-rule due-process evidence habeas-corpus reasonable-doubt supervisory-authority Whether Boukin v. Alabama, 395 U.S. 238 (1969), is a Constitutional Rule of Court, mandated on the District Court or merely the exercise of its superv…