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 | Denied | Response WaivedIFP | 5th-amendment constitutional-rights due-process impartial-jury reasonable-doubt trial-evidence | I. 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… |
| 25-6469 | Charles Grim Rudolph v. United States | Eleventh Circuit | 2026-01-02 | Denied | Response WaivedIFP | burden-of-proof constructive-possession criminal-firearms-offense dominion-and-control felon-in-possession reasonable-doubt | In a prosecution for knowing possession of a firearm and ammunition by a convicted felon, does the government satisfy its burden of proof beyond a rea… |
| 25-6320 | Dean Spencer v. Utah | Utah | 2025-12-09 | Denied | Response WaivedIFP | blood-alcohol-concentration criminal-prosecution measurement-error per-se-threshold reasonable-doubt toxicological-evidence | 1. In an alcohol DUI prosecution where the only question was if Mr. Spencer's BAC was above Utah's then-applicable per se threshold of 0.08, two toxic… |
| 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 | Donatus Iriele was indicted for violations of 21 U.S.C. § 841(a) based on a superseding indictment that failed to allege a knowing violation of the st… |
| 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 | 1. Whether this Court should adopt and encourage, when requested by a party, a definition of reasonable doubt to include "a doubt that would cause a r… |
| 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 | I. Did the Prosecution Fail to Prove the Second Degree Murder Charge Beyond a Reasonable Doubt; Did Appellate Counsel Render Ineffective Assistance? … |
| 25-5740 | Gregory Tucker v. Noah Nagy, Warden | Sixth Circuit | 2025-09-25 | Denied | 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… |
| 25A302 | Sonya Fuller v. Georgia | Georgia | 2025-09-16 | Presumed Complete | constitutional-review criminal-conviction felony-murder jackson-standard reasonable-doubt sufficiency-of-evidence | Question not identified. | |
| 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 FOR THE STATE OF LOUISIANA AND THE LOUISIANA SUPREME COURT ERRED WHEN IT DENIED PETITIONER'S CLAIM RAISED … |
| 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 COURT OF APPEALS AND THE LOUISIANA SUPREME COURT ERRED WHEN IT DENIED PETITIONER'S CLAIM RAISED ON DIRECT APPEAL, THAT THE EVIDE… |
| 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 | I. DUE PROCESS REQUIRES SUFFICIENT EVIDENCE TO ALLOW A RATIONAL JURY TO FIND GUILT BEYOND A REASONABLE DOUBT. WHERE THE EVIDENCE THAT A FIREARM WAS PO… |
| 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 a trial court in criminal proceedings must, upon request from the jury or the defendant, issue an instruction regarding the meaning of the "be… | |
| 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 there was sufficient evidence of an imminent bodily injury because there was "no indication how or when Flores planned to end their 'survival … |
| 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 | Due Process requires a criminal conviction be obtained by proof beyond a reasonable doubt. Cooperating witness testimony is admissible evidence, thoug… |
| 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 identify 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 | 1. Whether the Fourteenth Amendment's Due Process Clause requires a State to apply to the resentencing of a criminal defendant, a rule of law defining… |
| 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 because it fails to require that the jury make the fac… |
| 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 | In Schlup v. Delo, 513 U.S. 298 (1995), this Court recognized and endorsed a miscarriage of justice exception to the general principle that defaulted … |
| 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 one or more of the Government's witnesses committed perjury during the trial of the Petitioner that was so inherently contradictory and unreli… |
| 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 one or more aggravating facts amount to "substantial… | |
| 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 | I. WHERE THE TRIAL COURT DENIED PETITIONER, LAMAR LORENZO MCKAYS MOTION FOR A DIRECTED VERDICT ON FIRST DEGREE MURDER WHERE THE EVIDENCE PRESENTED WAS… |
| 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 | 1. Is a criminal defendant entitled to a jury instruction on any recognized defense supported by the evidence? 2. If the district court rejects a jur… |
| 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 | . / / /<f omt lU&z d&viddih'ngt?r t& a Z^Th? diroutt Coukb abused fate dk'Cygbtdft Lotion d dbn&na&nco-. (kMloO&r 1*? Motion don ^ noanoqabkyonn n C6 … |
| 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 | 1) Did the suspension of Ms. Zaorski's fixed jail sentence and fine, conditioned on terms wholly unrelated to the judgment which she was convicted of … | |
| 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 | Question not identified. |
| 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 | 1. Whether, for purposes of applying the categorical approach required by the Armed Career Criminal Act (ACCA), a prior conviction's elements can be d… |
| 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 of the law and 28 U.S.C. 2254(d) by failing to ho… | |
| 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 | L. Whether Florida's capital sentencing scheme violates the Eighth Amendment because the controlling statute does not meaningfully limit the class of … |
| 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 NOT ONLY TO IMPRISON… |
| 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 | 1. Whether the U.S. Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committe… |
| 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… |
| 23-6356 | 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. |
| 23-569 | 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 | In the twenty-five years since Rodney Reed was convicted of murder and sentenced to death, a "considerable body of evidence" has accumulated that he i… |
| 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 | 1. 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 i… |
| 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 | May a district court judge properly find, by a preponderance of the evidence, the uncharged, non-elemental fact that a person committed three prior of… |
| 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 | Akin to Justice Sotomayor's Bullcoming v. New Mexico, 564 U.S. 647, 672-74 (2011) scenario; To what extent are Sixth Amendment guarantees of Confronta… |
| 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 | Procedural default bars a state inmate from obtaining federal habeas based on an issue not presented to the state courts. Schlup v. Delo recognized a … |
| 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 | Does the 6th Cir. Court err when it determines that a defendant's 6th Amendment right is not violated when there was evidence that it was likely than … |
| 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 | In Jackson v. Virginia, 443 U.S. 307 (1979), this Court held that the Due Process Clause requires the following standard of review for appellate claim… |
| 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 | The Constitution requires the Government to persuade a jury "beyond reasonable doubt" in order to sustain a conviction. Over Watkins' objection, the r… |
| 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 THIS COURT'S DECISION IN UNITED STATES V. BURRAGE, 571 U.S. 204 (2014), CREATED A BRIGHT LINE RULE ESTABLISHING A RIGHT OF THE DEFENDANT TO PR… |
| 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 | Question not identified. | |
| 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 | 1. This case presents an important and recurring question concerning the legal standard for showing actual innocence sufficiently to overcome procedur… | |
| 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 | (1) Should this Court grant Certiorari when Halfhill was convicted of killing a man with intent upon nothing more than being of many people in the vic… |
| 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 | 1) In this case the Uniform (Iowa) Jury Instructions were used and presented to the Jury, where Felony Murder-Rule was applied. The Jury convicted W… |
| 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 | 1. The Court has held that the due process clause requires the government to prove each element of a criminal offense beyond a reasonable doubt. In re… |
| 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 IN LIGHT OF Rehaif v. United States, 139 S. Ct. 2191 204 L.Ed.2d (2019), WAS THE EVIDENCE INSUFFICIENT TO SUSTAIN A CONVICTION WHEN THE GOVERN… |
| 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 | 1. Whether the District Gourts' denial:of/appealability of COA was an unreasonable application of clearly established federal law? 2. Whether the Di… |
| 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 | 1. 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… |
| 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 | Where a maximum prison term may be doubled upon a finding of "extraordinary … aggravating circumstances," does the Sixth Amendment require th e existe… | |
| 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 | 1. Whether the Pennsylvania Supreme Court erred when it denied Petitioner's request for a new trial based on trial counsel's ineffectiveness for faili… |
| 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 did not defer err in finding sufficient evidence was presented because the Lost P1 r Freeman) J^H ' le… |
| 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, telling jurors that "if after a careful and impartial c… |
| 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 | Question not identified. |
| 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 | 1. Whether a conviction of a substantive offense under 21 U.S.C. § 841 of the Controlled Substances Act ("CSA") requires that a jury find beyond a rea… |
| 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 | The defendant in this case was sixteen when the alleged crime was committed. He was initially charged in Juvenile Court. He was transferred from Juven… |
| 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 | The question presented is whether a federal court of appeals reviewing a defendant's challenge to the sufficiency of the evidence supporting his convi… |
| 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 | I. Whether the Government proved beyond a reasonable doubt that Mr. Ocean-Avent possessed a firearm. II. right to a fair trial. |
| 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 | Could reasonable jurists debate whether, under the Due Process Clause standards set out in Jackson v. Virginia, 443 U.S. 307 (1979), and 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 | 1. Where the First of the Four Total Specific Alleged Acts presented by the prosecution in its Evidence in support of the Four Total Counts Charged ag… |
| 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 | I. Whether The Court Violated Jim's Constitutional Rights To Due Process & A Fair Trial By Allowing Improper Evidence & Preventing Him From Presenting… |
| 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 | 1. Reasonable jurists would determine that Mr. Marcel was denied his right to a fair and impartial trial when the Court erred in allowing other crimes… |
| 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—a factfinding determination that se… |
| 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 | I. Does a federal district court possess meaningful discretion to define "proof beyond a reasonable doubt" in jury instructions upon request of a crim… |
| 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 | IL The first question presented is whether excluding evidence of a history of sexual abuse in Mr. Mosley's family of origin was contrary to this Court… |
| 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 | In United States v. Jones, 574 U.S. 948 (2014), three justices urged the Court to grant certiorari to answer the question left open in Rita v. United … |
| 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 | 1. Whether there was sufficient evidence adduced at trial to convict Petitioner of the offense beyond a reasonable doubt under this Court's holding … |
| 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 | 1. How long will the courts continue to allow the justice system to be abused, especially with such things as fact-trading, DA deals going on unobserv… |
| 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, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 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—a factfinding determination that se… |
| 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 | 1. The state failure to prove beyond a reasonable doubt that the petitioner used coercion where there was no evidence that NC communicated lack of con… |
| 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 | 1. Reasonable jurists would determine that Mr. McGhee was denied his right to Due Process of Law under the Fifth, Sixth and Fourteenth Amendments to t… |
| 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 | 1. Reasonable jurists would determine that the evidence presented during trial was insufficient to convict Doucet of Aggravated Rape beyond a reasonab… |
| 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, in deciding whether a defendant has committed the domestic violence pattern aggravator, RCW 9.94A.535 (3) (h) (i), be instructed that t… |
| 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, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 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 | (1) Is it abuse of false evidence to convict a petitioner for a crime, where there has never been any proof of deception that does use / in this case?… |
| 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 | L Whether Petitioner should be granted a Certificate of Appealability pursuant to 28 U.S.C. 2253 on the issue of whether (A) Petitioner was denied hi… |
| 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 | Mr. McKenzie had a right to a jury finding for each fact that subjected him to the enhanced penalty of death. This proof was required to be "beyond a … |
| 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 | Question (1) WHETHER DUE PROCESS OF LAW IS VIOLATED WHERE A SENTENCE IS INCREASED BASED UPON FACTS NOT INHERENT IN THE CHARGING INFORMATION OR PROVE… |
| 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 of the crime being charged in a second degree murder? Did the prosecutor ever prove that the al… |
| 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 | Under Florida's capital sentencing scheme, in addition to finding at least one aggravating factor exists, the factfinder must make additional determin… |
| 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 | How does this Court's "inconsistent verdicts" jurisprudence reconcile with the Sixth Amendment jury trial guarantee: May a reviewing court uphold a ge… |
| 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, 512 U.S.-477 (1994), MUST FIRST BE SATISFIED IN PLAINTIFF'S CRIMINAL CASE, EMPLOY… |
| 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 | 1. Reasonable jurists would determine that the jury's verdict as to Count One should be reversed as the evidence against Mr. Lane was constitutionally… |
| 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 when the Jury failed to find him Gu… |
| 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 not being enforced by the judges representing the Kingdom of Judah or are the law enforce… |
| 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 | I. DID THE STATE OF IOWA VIOLATE PETITIONER'S FEDERAL PRIVILEGES AND IMMUNITIES AND DUE PROCESS RIGHTS WHEN IT UPHELD AN IRRATIONAL JURY VERDICT? II.… |
| 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 | A. DID THE APPEALS COURT ERR IN HOLDING THAT THE ERROR-LADEN CLOSING ARGUMENT BY THE PROSECUTER, TAKEN IN ITS TOTALITY, CREATE A SUBSTANTIAL RISK OF A… |
| 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 | In a series of decisions beginning with Apprendi v. New Jersey, 530 U.S. 466 (2000), the Court has held that the Sixth Amendment (incorporated against… |
| 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 | Under the Due Process Clause, the determination of the existence of an element of a crime must be made beyond a reasonable doubt. See Apprendi v. New … |
| 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 SUPPORT THE AFFIRMATIVE DEFENSE OF SELF DEFENSE BEYOND A R… |
| 21-6664 | Robert Breest v. John M. Formella, Attorney General of New Hampshire | First Circuit | 2021-12-17 | Denied | 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 | In light of this Court's holding in Sullivan v. Louisiana, 508 U.S. 275 (1993); and, Massaro v. United States, 123 S.Ct. 1690 (2003; as well as United… |
| 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 for failing to conduct a reasonable investigation into a potential defense witness, which led … |
| 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 | The Sherman Act, 15 U.S.C. § 1, prohibits any contract or combination "in restraint of trade or commerce." This Court has long held that Congress inte… |
| 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 | Do any facts that increases the penalty for a crime beyond the prescribed statutory maximum need to be submitted to a jury, and proved beyond a reason… |
| 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 | 1. Was the seating of juror who should have been dismissed for cause requires reversal because implied biased applies to Juror foreman, 1301, married … |
| 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 | I. Whether the Florida Supreme Court's rejection of Petitioner's claim of error based on the jury being affirmatively misinformed about its role in th… |
| 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 because he has been forced to serve a sentence beyond the statutory maximum … |
| 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 | A jury convicted petitioner of unlawful possession of ammunition, which police found in a cardboard box in the trunk of his car. Petitioner testified … |
| 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 DEFENDANT GIVEN A FAIR TRIAL? WAS DEFENDANT FOUND CGUILTY BEYOND A RESONABLE DOUBT? WAS PERJURED TESTMONY GIVEN TO COVER UP THE TRUTH? WERE FAR… |
| 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 | Petitioner pleaded guilty to conspiracy to possess with intent to distribute a controlled substance. She admitted to the district court that approxima… |
| 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. Should this court should reverse his convictions pursuant to federal and state con… |
| 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 | 1. Whether the Sixth Amendment guarantees the right to a jury finding beyond a reasonable doubt any fact necessary to the imposition of a mandatory cr… |
| 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 | Review is requested to determine whether a sentence within the prescribed statutory range but inconsistent with the jury's verdict complies with the S… |
| 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 | Respondent Kenneth Smith has been tried and convicted on three separate occasions for Raul Briseno's murder. During the last two trials, the jury hear… |
| 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 | Under the Due Process Clause and pursuant to the right to a trial by jury, the determination of the existence of an element of a crime must be made be… |
| 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 | 1. Certiorari requesting revision of the Honorable Supreme Court of Puerto Rico of January 12, 2021. Declaring there has been no such motion in retria… |
| 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 | I. Does the jurisdictional element "in or affecting interstate commerce" in federal criminal statutes require an actual effect on interstate commerce … |
| 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 | Under the Due Process Clause, the determination of the existence of an element of a crime must be made beyond a reasonable doubt. See Apprendi v. New … |
| 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 | Tyrius Green was convicted of murder based solely upon witness identification testimony as there was no physical evidence presented at his trial that … |
| 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 | 1. When a judge openly admits bias against an appellant in which he was not only the trial judge but also the sentencing, shouldn't the remedy afforde… |
| 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 | I. Did the Prosecution Fail to Prove Beyond a Reasonable Doubt That Valladares Committed First Degree Murder? II. Did Trial Counsel Render Ineffectiv… |
| 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 INSUFFICENT EVIDENCE PRESENTED AT TRIAL TO HAVE FOUND H… |
| 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 | 1. Whether or not the State failed to prove Sammy Cano guilty beyond a reasonable doubt where the only witness to the crime directly contradicted her … |
| 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 | L. Vjke-tlwi Obfhr -tine m //sA-A/^ s-P Pku&rafat lb PfoS^ec-U-hcun j as\^ ra-h 4iri €/r> oF'' '. P4< l4 £ouI 4 kat/e-f'kut'id *ffhe_ Vc&afAfaaf^ tfnT… |
| 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, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 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 as guaranteed by the Fourteenth Amendment through requiring that every element of any offense to be proven … |
| 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 | 1. Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt? 2. Is the Eleventh Cir… |
| 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 | 1. Alleyne v. United States, 570 U.S. 99, 133 S. Ct. 2151 (2013), expressly overruled Harris v. United States, 536 U.S. 545 (2002), and at least impli… |
| 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 | QUESTION NUMBER ONE The trial court judge in this case states unequivocally that she misdirected the jury as to the law in this case that changed Peti… |
| 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 | This criminal case's questions concern the impact of jury findings on sentencing. Both recur frequently, especially in cases about drugs. Both are the… |
| 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 | 1. 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… |
| 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 or not the State of Ohio proved the petitioner's guilt "Beyond a Reasonable Doubt"? (1) All elements the offenses must be proved to the jury w… |
| 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; and whether circuits can prohibit counsel from discussing reas… |
| 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 | This is a principal to second degree robbery case based, almost exclusively, on questionable circumstantial evidence that ended in a life sentence for… |
| 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 as guaranteed by the Fourteenth Amendment through requiring that every element of any offense to be proven … |
| 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 | 1. Whether the United States Court of Appeals for the Sixth Circuit pronouncement on the some evidence standard has departed from accepted and usual c… |
| 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 | I. 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 United States Court of Appeals for the Fourth Circuit erred in failing to find that the district court erred in sentencing Petitioner by d… |
| 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 and Shawn Harringon should be reversed because the prosecution failed to sustain it… |
| 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 as guaranteed by the Fourteenth Amendment through requiring that every element of any offense to be proven … |
| 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, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the ex… |
| 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 | Reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Quinn is guilty of the offense … |
| 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 | 1.) WhetheR The PetitioNeR DAMON COOk Has Made of A Substantial Showing The DeNial ConstitutioNAL RighT 28 USC 2253(C)(2) IN order To ObtaiN A CertiFi… | |
| 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 | I. Appellate Court erred in denying Petitioner's Ineffective Assistance of Counsel claim. Where prejudice was established, in the trial courts finding… |
| 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 | Petitioner's first degree murder conviction was invalid under People v, Chiu as there was no basis to find that the iurv did not rely on aiding and a… |
| 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 | I. DID THE PENNSYLVANIA STATE COURTS VIOLATE THE PETITIONER'S 5TH & 14TH AMENDMENT OF THE UNITED STATES CONSTITUTION WHEN THEY FOUND THE PETITIONER … |
| 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 | I. 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 | 1) Grant Certiorari to decide legal questions whether State Court actions denied Petitioner's Rights under Federal Law, denied Petitioner "Fair and Im… |
| 20-5072 | Rodney Renard Newberry v. Florida | Florida | 2020-07-15 | Denied | IFP | apprendi capital-sentencing due-process elements reasonable-doubt ring-v-arizona | Under the Due Process Clause, determinations as to both elements and their "functional equivalents" must be made beyond a reasonable doubt. See, e.g.,… |
| 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 | 1. 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 | I. 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 Vhe Vwo SVaVe CoorVs arrive aV diVYemanV Conclusions in Vhe same case, should Vhe PeViVioner be given a new Vrial and legal principled o&ln Ola V… |
| 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 | Nevada courts instruct juries that they may consider imposing a death sentence only after finding at least one statutory aggravating factor beyond a r… |
| 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 | 1. Was the Petitioner denied the right to a fair trial, due to hypothetical jury instruction, and suffered ineffective assistance of counsel, regardin… |
| 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 where it was not shown this Internet transaction in Count 3 was d… |
| 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 | Under Nevada law, a jury may consider imposing a death sentence only after finding at least one statutory aggravating factor beyond a reasonable doubt… |
| 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 | 1. When a trial court unjustifiably orders a defendant shackled throughout trial contrary to the rule in Deck v. Missouri, is it the defendant who bea… |
| 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 | 1. Did the trial Code And The Appellate Court error within entering a finding of quilt On a Single count Robbery when the government Cid net Prove pet… |
| 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 when he instr… |
| 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 | I. In an action in which the sole claim is whether,in a case in which intent is an element of the crime convicted of,the jury instruction, "the law … |
| 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, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) th… |
| 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 when it denied petitioner Ekanem Kufreobon Essien's 28 U.S.C. § 2254 habeas petition based on its conclusion that his … |
| 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 | Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con… |
| 19-7272 | 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 | 1. Did the petitioner receive Constitutional effective assistance of trial Court counsel at trial Court answers? YES Appellant answers: NO 2. Did the… |
| 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 evidence that is insufficient to prove beyond a reasonable doubt that a defendant is guilty of crimes, and inadequate when judged under the st… |
| 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 | This case raises a fundamental question about the government's burden to prove a defendant's guilt beyond all reasonable doubt. The jury here convicte… |
| 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 eithe… |
| 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 | 1.) WHEATHER PETITIONER WAS DENIED HIS SIXTH AMENDMENT CONSTITUTIONAL RIGHT TO THE EFFECTIVE ASSISTANCE OF APPELLATE COUSEL FAILURE TO RAISE THE VALID… |
| 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 | Philip Rogers was driving after several drinks. Ahead of him a woman was jaywalking, possibly obscured by two bicyclists also crossing. When he saw th… |
| 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 | 1. 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 ri… |
| 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 | I. Whether the evidence was sufficient to [sustain] a conviction of criminal homicide, criminal conspiracy to commit homicide where the Commonwealth f… |
| 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, 15-1498, __U.S.__, 139 S.Ct. 2773 (June 28, 2019)? Whether t… |
| 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 WASHINGTON STATE SUPREME COURT'S DISAPPROVING OF THIS COURT'S DECISION IN MUSACCHIO V. UNITED STATES, 136 S.Ct. 709 (2016), IS BINDING ON … |
| 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 | 1. Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 139 S. Ct… |
| 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 | 1. Whether the striking of two out of three black veniremembers demonstrates a "pattern of discrimination" as necessary to satisfy the first step of t… |
| 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 | 1 DID THE LOWER COURT ERROR BY FAILING TO PROVE THE FIRST DEGREE ASSAULT ELEMENT S WITH INTENT TWO COMIT CRIME OF VIOLENCE P 2 DID THE LOWER COURT ER… |
| 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 | 1. Was the evidence of Petitioner's identity as the shooter sufficient to sustain the first-degree murder conviction where that evidence consisted of … |
| 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 for the following Claims/Issues : 1, Whether fact of an Actual Loss Amount, which sets the m… |
| 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 | 1. In Holland v. United States, 348 U.S. 121, 125 (1954) this Court recognized the "inherent risk" of the use of circumstantial evidence, but held tha… |
| 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 | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 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 | In a First degree premeditated murder trial, can motive be used to establish premeditation? If so, is a defendant's conviction unconstitutional where… |
| 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 | I. DID THE GOVERNMENT FAIL TO PRESENT SUFFICIENT EVIDENCE TO SUPPORT THE CONVICTIONS BEYOND A REASONABLE DOUBT? II. WAS PETITIONER RATHBURN DENIED HI… |
| 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 | Because only a jury, acting on proof beyond a reasonable doubt, may take a person's liberty, when, if ever, is it constitutionally permissible for a… | |
| 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 | 1. When a district court issues erroneous jury instructions that include (a) to consider conviction with less than guilt beyond all reasonable doubt… |
| 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 | 1. Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity evi… |
| 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, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) th… |
| 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 | DID PETITIONER ASSERT A VALID CLAIM OF A CONSTITUTIONAL RIGHT TO COUNSEL WHERE COUNSEL'S ACTIONS FAILED TO ADEQUATELY TEST THE PROSECUTION'S CASE AND … |
| 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 FOURTH CIRCUIT ERRED IN DEFERRING TO THE STATE COURT FINDING THAT THE EVIDENCE WAS SUFFICIENT TO FIND INTENT TO SUSTAIN A CONVICTION OF AG… |
| 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 | (1) Was Petitioner's Conviction Sustained With Insufficient Evidence Beyond A Reasonable Doubt ? (2) Did Petitioner Receive Ineffective Assistance O… |
| 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 | Question One The Constitution requires that a jury find every element of the crime beyond a reasonable doubt. The district court, however, did not pro… |
| 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 | .Should this court vacate the conviction where the petitioner failed to preserve the issue and the trial court denied defendant's Motion to set aside … |
| 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? And whether the Equal Protections Clause is viola… |
| 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 | Question #1: The Northern District Court reasoned that because K.S. told ' other people (speculating what K.S. told other witnesses ), "there was ab… |
| 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 | 1. DOES THE WILLFUL AND SERIAL DENIAL OF ATTEMPIS TO DEMONSTRATE ACTVAL INNOCENCE, BY BOTH COURIS AND COUNSEL, PRESENT AT A MINIHUM, THE DEBATABLE QUA… |
| 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 Presumtion" N.Y. P.L. §265.15 (3)(a) inapplicable? Does the N.Y.P.L. §265.15 (3)(a), violates t… |
| 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 | 1. 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 th… |
| 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 | Question not identified. | |
| 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 eithe… |
| 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 | This Court has held that Due Process in criminal cases requires that a State prove every element of an alleged crime beyond a reasonable doubt. In Re … |
| 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 it error and a denial of Due process of law under the Federal and state constitutions, to exclude from evidence the fact that the day alleged vict… |
| 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 | 1. Whether violations of supervised release that require or permit additional imprisonment must be proven to a jury beyond a reasonable doubt and plac… |
| 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 circum… |
| 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 either … |
| 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 | In McCleskey v. Zant, 499 U.S. 467, 111 S.Ct. 1454 (1991), the Supreme Court held that if a criminal defendant fails to raise a claim at a time when i… |
| 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 | 1. Whether Mr. Foster's death sentence is unconstitutional because it violates the Eighth Amendment and the Due Process Clause where the jury did not … |
| 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 | 1. Whether violations of supervised release that require or permit additional imprisonment must be proven to a jury beyond a reasonable doubt, place d… |
| 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 | Mr. Milne was convicted, in separate counts, of conspiracy to possess and knowingly possessing with intent to distribute more than 100 kilograms of ma… |
| 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 | I. Is there insufficient evidence for a conspiracy to transport cocaine conviction based upon the testimony of cooperating witnesses who are not credi… |
| 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 | 1. Did the District Court use an incorrect criminal history category to sentence Ms. Hedspeth? 2. Did the District Court use an incorrect offense lev… |
| 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, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) th… |
| 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 Illinois drug induced homicide Statute when the use of the controlled substance was a "contributing c… |
| 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 BY THE U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT'S FAILURE TO APPOINT COUNSEL AFTER PETITI… |
| 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 | 1. When the evidence that links a defendant to a charged drug conspiracy is based on his participation in an isolated series of alleged transactions w… |
| 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. Specifically, whe… |
| 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 | Question not identified. |
| 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, as the First, Fourth, Sixth, Ninth and Tenth Circuits seemed to believe, this Court in Carter v. United States, 530 U.S. 255 (2000), add an addit… |
| 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 | As a result of state court proceedings, the Commonwealth of Virginia obtained a conviction before a jury for second-degree murder against Justin Corne… |
| 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 | 1. Petitioner deprived oF his 5th Amendment right to the Reasonable Doubt Cluase. 2.Petitioner 6th Amendment right to a Speedy trial was Violated. 3.P… |
| 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 a Constitutional due process of law and the right to be convicted only upon proof beyond a reasonable doubt in the absence of su… |
| 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 TOIMPOSE 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 | I. Whether There Was Insufficient Evidence To Prove Villa Guilty Beyond A Reasonable Doubt? II. Whether Armed Bank Robbery Constitutes A Crime Of Vio… |
| 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 a reasonable doubt, every essential element of the off… |
| 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 | Reasonable jurists would determine that the sentencing scheme by the State of Louisiana's Habitual Offender Law, LSA-R.S. 15:529.1 A(3)(b) [formally e… |
| 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 | Denied | 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, 6th Amendment, And Apprendi v New Jersey, 530 U.S. 466, 120 S.Ct. 2348 (2000) When Petiti… |
| 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 – that the "beyond the reasonable doubt" standard does not apply to the critical and prerequisite finding by Okla… |
| 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 Stale offer sufficient evidence to prove guilt beyond a reasonable doubt? Should the State have been allowed to offer evidence via the Doctri… |
| 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 element 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 | Petitioner snatched a patron's purse at a McDonald's restaurant, and a jury convicted her of robbery and receiving stolen property (the getaway pickup… |
| 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 | 1. Did the trial court's statements during jury selection equating being convinced beyond a reasonable doubt with being "sure" or "positive" of guilt … |
| 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, having not been tendered as an expert witness after interpreting and explaining events that he DID NOT observ… |
| 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 1ISSUES,CONTENTIONS IN A STATE HABEAS CORPUS?. DID TH… |
| 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 were… |
| 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 | 1). Did the Court have sufficient evidence beyond a reasonable doubt to convict the petitioner under the Sixth Amendment by the U.S.A. 2).Was the low… |
| 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 Reasona… |
| 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 | (1) Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause of the Fourteenth Amendment when, pursuant … |
| 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 | When the government brings criminal charges based on an allegation that the defendant sent a series of text messages, does it violate the defendant's … |
| 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 guilt. … |
| 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 | 1. Is a defendant deprived of due process where the absence of evidence constitutes probative evidence of proof beyond a reasonable doubt? 2. Are the… |
| 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 | Allege "INSUFFICIENT EVIDENCE" is FEDERAL QUESTION, Petitioner Mr. JOSE RODRIGUEZ, is not the PRINCIPAL Jury Instructions for count one and two, P.C. … |
| 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 when the district court imposed a minimum mandatory sentence of l… |
| 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 | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 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 | 1. 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 h… |
| 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 | 1) in this case, the responding police officer failed to preserve the alleged crime scene. There are no photos of the vehicle, the broken window, or o… |
| 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 | 1. 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 | 1. 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 h… |
| 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 | I.- Whether the District Court failed where did not granted his motion for acquittal because the Government failed to produce sufficient evidence to s… |
| 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 | 1. PETITIONER WAS DENIED THE RIGHT TO A JURY VERDICT OF GUILTY BEYOND A REASONABLE DOUBT 2. PETITIONER WAS DENIED EQUAL PROTECTION OF THE LAWS 3. TR… |
| 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 | 1.) O.R.C.2901.45(A)..every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof i… |
| 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 | IN A CAPITAL CASE, IS A DEFNDANT'S CONSTITUTIONAL RIGHTS VIOLATED UNDER THE MANDATE OF THE OKLAHOMA CONSTITUTION, ARTICLE 2, § 20 WHICH IS IDENTICAL T… |
| 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 by permitting the trier of fact to impose a sentence o… |
| 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 | Has the Fifth Circuit erred and its decision is in conflict with this Court's holding in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d … |
| 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 SENTENCING GUIDELINES OFFENSE VARIABLE[S] WA… |
| 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 OF THE FIFTH AMENDMENT WAS VIOLATED IN THE CASE OF AREVALO, BECAUSE HIS PROSECUTION FAILED TO PROVE BEYOND A REASONABLE… | |
| 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 | 1. Did the trial court's incorrect instruction on aiding and abetting liability violate 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? Directed verdicts are disallowed in criminal trials and … |
| 18-5030 | Shawn Williams v. Jeff Norman, Warden | Eighth Circuit | 2018-06-28 | Denied | IFP | congress constitutional-rule due-process evidence habeas-corpus reasonable-doubt supervisory-authority | ThESE questions suggest to this Court, its interpretation of Abuse of the writ doctrine should not be contined to HAbeAS Corpus prOcEdures void on its… |