| 23-6151 |
Urbano Torres-Giles v. United States |
Ninth Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
circuit-split clearly-erroneous-facts criminal-procedure criminal-sentencing due-process fact-finding reliability reliability-standard sentencing-context sentencing-guidelines |
Whether the test for a clearly erroneous fact in the sentencing context should consider the reliability of the challenged fact |
| 22-7828 |
John C. Russell v. Patrick Covello, Warden |
Ninth Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
dna-evidence due-process evidence-admissibility generally-accepted novel-methodology pre-trial-hearing reliability scientific-methodology scientific-reliability |
Did the trial court violate petitioner's right to due process when it admitted DNA evidence based on a novel methodology without conducting a pre-tria… |
| 22-6731 |
Lamon Demetrus Wright v. United States |
Fifth Circuit |
2023-02-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation confrontation-rights due-process evidence-admissibility federal-courts good-cause good-cause-standard hearsay hearsay-reliability reliability supervised-release |
What manner of hearsay should be considered 'reliable' when federal courts decide whether the government has established 'good cause' to deny confront… |
| 22-6491 |
Eric Romero-Lobato v. United States |
Ninth Circuit |
2023-01-09 |
Denied |
Response WaivedIFP |
constitutional-error due-process eyewitness-identification gatekeeping gatekeeping-function harmless-error law-enforcement reliability reliability-standard suggestive-identification |
Whether the subsequent in-court identification violated the defendant's due process rights given the district court's failure to conduct its gatekeepi… |
| 21-1247 |
Karina Rafter v. Virginia |
Virginia |
2022-03-15 |
Denied |
Response Waived |
bias confrontation-clause out-of-court-statements reliability sixth-amendment state-of-mind-exception unreliability |
Does the admission of out-of-court statements of a decedent, offered under the state-of-mind exception, violate the Confrontation Clause of the Sixth … |
| 21-7309 |
Jaime Calderon, aka Jaime Arredonde, aka Jaime Rene Calderon v. United States |
Ninth Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
civil-rights daubert-standard due-process evidence expert-testimony gatekeeping-function judicial-reliability kumho-tire law-enforcement law-enforcement-experts reliability |
Whether district courts have a duty to assess the reliability of law enforcement officers testifying as experience-based experts |
| 21-6823 |
Richard M. Arnold v. Reed A. Richardson, Warden |
Seventh Circuit |
2022-01-12 |
Denied |
Response WaivedIFP |
actual-innocence credibility federal-petition habeas-corpus reasonable-juror recantation reliability schlup-standard standard-of-review |
Whether the district court must determine the credibility and reliability of new evidence of actual innocence before assessing its legal effect |
| 21-6635 |
Larry Alonzo Gibbs, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-12-16 |
Denied |
IFP |
confrontation-clause constitutional-rights criminal-procedure cross-examination due-process hearsay hearsay-evidence relevance reliability witness-testimony |
Does the State of Florida violate a defendant's right to confront witnesses when they allow the State to introduce evidence that a minor vt suffered f… |
| 21-6125 |
Roberto Griego Jimenez v. Texas |
Texas |
2021-10-29 |
Denied |
IFP |
corroboration credibility criminal-informant fourth-amendment law-enforcement magistrate-warrant probable-cause quid-pro-quo reliability |
Did the trial court and Texas Court of Appeals err in their Fourth Amendment analysis? |
| 20-6928 |
Timothy Ivey v. United States |
Fifth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
credibility credibility-determination due-process fifth-amendment out-of-court-identification reliability revocation revocation-hearing supervised-release |
Does a district court violate a defendant's due process rights by relying solely on an uncorroborated, recanted, out-of-court identification to revoke… |
| 20-5224 |
Kenneth Clark v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
actual-innocence aedpa circuit-split evidence federal-review habeas habeas-corpus judicial-standard reliability statute-of-limitations |
Must a habeas petitioner make a threshold showing of reliability before the reviewing court will consider the evidence in totality to determine whethe… |
| 19-8208 |
Jerald Harris v. Richard Jennings, Warden |
Eighth Circuit |
2020-04-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process identification identification-evidence police-misconduct reliability reliability-standard suggestive-circumstances |
Do the due process protections against unreliable identification evidence apply to all identifications made under suggestive circumstances, as held by… |
| 19-6502 |
Cory Dale Fields v. United States |
Fifth Circuit |
2019-11-06 |
Denied |
IFP |
criminal-procedure due-process federal-district-court federal-sentencing grand-jury no-bill prior-conduct reliability reliability-of-evidence reliability-standard sentencing sentencing-considerations uncharged-conduct |
Is alleged prior uncharged conduct that had been no-billed by a Grand Jury sufficiently reliable for a federal district court to consider at sentencin… |
| 19-5123 |
Richard Parrish v. United States |
Sixth Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-support gall-v-united-states judicial-discretion legal-reliability reliability sentencing townsend-v-burke united-states-v-tucker united-states-v-watts |
Is resentencing required when a sentencing judge relied on an assumption that both parties agree is without evidentiary support? |
| 18-8524 |
Tony Kalumba Tshiansi v. United States |
Fifth Circuit |
2019-03-22 |
Denied |
IFP |
criminal-procedure due-process factual-claims judicial-discretion objection presentence-report presumption-of-reliability reliability sentencing unjust-incarceration |
Whether the factual claims of a Presentence Report are presumed reliable in the face of objection? |
| 18-7799 |
Joel Stephen Cutulle v. United States |
Ninth Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights democratic-society due-process fair-hearing integrity judicial-integrity judicial-review legal-protection reliability standing territorial-jurisdiction |
What due process protection is afforded a citizen within the territorial boundaries of the United States who brings a claim before a court of law seek… |
| 18-6258 |
Steven Lazar v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2018-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aedpa aedpa-standard confession confession-voluntariness criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel merits-adjudication reliability standard-of-review third-circuit-review voluntariness |
Did not the Pennsylvania state courts and the Third Circuit Court of Appeals convolute the difference between a confession's voluntariness and its rel… |
| 18-333 |
Old Dominion Electric Cooperative v. Federal Energy Regulatory Commission |
District of Columbia |
2018-09-14 |
Denied |
Amici (1) |
administrative-law discretion federal-energy-regulatory-commission ferc-discretion filed-rate-doctrine market-based-rate polar-vortex reliability retroactive-ratemaking |
Whether the court of appeals erroneously determined that the filed rate doctrine and the rule against retroactive ratemaking leave the Federal Energy … |
| 18-5546 |
Billie Wayne Coble v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-10 |
Denied |
IFP |
capital-case capital-sentencing constitutional-rights daubert daubert-standard due-process eighth-amendment expert-testimony future-dangerousness reliability |
Whether the Fifth Circuit and Texas courts improperly applied Barefoot v. Estelle to categorically foreclose claims that unreliable expert testimony o… |
| 18-117 |
Brian Grimm v. Maryland |
Maryland |
2018-07-27 |
Denied |
Response Waived |
appellate-review constitutional-law dog-sniff fourth-amendment probable-cause reliability search-and-seizure standard-of-review |
When a defendant challenges the reliability of a dog's reported alert to the possible presence of drugs in a vehicle, what standard of appellate revie… |
| 18-5349 |
Tyron Young v. United States |
Eighth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-right cross-examination due-process government-informant hearsay out-of-court-allegations reliability sentencing sentencing-hearing sixth-amendment unsworn-testimony |
Whether the Sixth Amendment right to confront and cross-examine adverse witnesses applies at a sentencing hearing where the court bases the sentence o… |
| 18-5255 |
Jerome Gibson v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2018-07-18 |
Denied |
Response WaivedIFP |
brady-claim brady-v-maryland credibility de-novo-review due-process evidence-suppression investigation kyles-standard kyles-v-whitley materiality materiality-test police-investigation reliability suppressed-evidence witness-credibility |
Whether the suppression of evidence of inducements provided to Commonwealth witnesses violates Brady v. Maryland, where the defense could have used th… |
| 18-5143 |
Robert Graham v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset, et al. |
Third Circuit |
2018-07-05 |
Denied |
IFP |
admissibility batson-vs-kentucky criminal-procedure due-process fingerprinting fingerprinting-expert identification identification-testimony preliminary-hearing reliability trial-evidence witness-credibility |
Is an in-court identification of the defendant as the robber admissible at trial in the absence of a due process hearing to first determine the reliab… |