right-to-defense

20 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A206 Arthur Fayne v. United States Sixth Circuit 2025-08-21 Presumed Complete effective-assistance-of-counsel material-misrepresentation non-victim-compensation pro-se-representation restitution right-to-defense Whether a criminal defendant can seek post-conviction relief based on a supervening Supreme Court decision that undermines the legal theory supporting…
23-6468 Omar A. Rahman v. Pennsylvania Pennsylvania 2024-01-11 Denied Response WaivedIFP constitutional-provisions criminal-procedure due-process evidence pennsylvania-superior-court right-to-counsel right-to-defense search-and-seizure suppression-of-evidence unlawful-arrest witness-testimony Whether the Pennsylvania Superior Court's decision conflicts with the decisions of the United States Court of Appeals and other Pennsylvania Superior …
22-5763 Benjamin Justin Brownlee v. New York Second Circuit 2022-10-04 Denied IFP brady-violation criminal-procedure discovery due-process exculpatory-evidence ineffective-assistance-of-counsel medical-evidence prosecutorial-misconduct right-to-defense Whether the trial court erred in denying the defendant's motion to dismiss the indictment due to a Brady violation
21-7150 Michael Cameron v. Tim Hooper, Warden Fifth Circuit 2022-02-17 Denied IFP criminal-procedure due-process eyewitness-identification misidentification right-to-defense right-to-present-defense showup-lineup suggestive-lineup witness-identification Did the trial court err in allowing the uncorroborated showup identifications at Cameron's trial?
21-5317 Mauricio Melendez v. Renee Baker, Warden Nevada 2021-08-09 Denied IFP attorney-concession criminal-autonomy criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel right-to-defense stare-decisis supreme-court-precedent Whether the right to secured autonomy over one's defense requires express objection to an attorney's concession of guilt
21-5095 Melissa Elizabeth Lucio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-13 Denied Amici (2)IFP arbitrary-exclusion civil-rights criminal-procedure due-process evidence-exclusion evidentiary-standards expert-testimony false-confession right-to-defense right-to-present-defense Whether the exclusion of defense evidence that could have cast doubt on the defendant's false confession violated the defendant's clearly established …
20-7843 Timothy Howard Johnson v. Renee Baker, Warden Nevada 2021-04-26 Denied IFP criminal-procedure due-process evidence-exclusion retroactivity right-to-counsel right-to-defense right-to-jury-trial trial-court-discretion waiver witness-testimony Whether the state district court lost subject matter jurisdiction by rendering the judgment of conviction void when it failed to comply with the requi…
20-7700 Robert Ibarra v. W. L. Montgomery, Acting Warden Ninth Circuit 2021-04-09 Denied Response WaivedIFP co-defendant-statements co-perpetrator-statements confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process evidence-exclusion first-degree-murder hearsay right-to-defense right-to-present-defense Does the exclusion of statements by a co-perpetrator that he was solely responsible for the charged murder and the defendant was innocent violate the …
20-7644 Skip Hansen v. Kentucky Kentucky 2021-04-01 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process evidence-exclusion fourteenth-amendment right-to-defense right-to-present-defense sixth-amendment witness-testimony Did the Kentucky Court of Appeals allow Mr. Hansen's right to present a full and complete defense, which is protected by the Sixth and Fourteenth Amen…
20-1240 Francisco Javier Palillero v. United States Tenth Circuit 2021-03-09 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure discovery-sanctions dna-evidence expert-testimony right-to-defense right-to-present-defense rule-16 sixth-amendment Whether precluding a criminal defendant's DNA rebuttal expert testimony as a Rule 16(d)(2) sanction for a non-willful violation is compatible with the…
20-7341 James Coddington v. Jim Farris, Warden Tenth Circuit 2021-03-05 Denied Amici (1)IFP capital-punishment criminal-procedure due-process habeas-corpus harmless-error material-evidence mens-rea right-to-defense right-to-present-defense sixth-amendment Can the suppression of material evidence helpful to the defense ever be harmless error, not least when the exclusion violated the Sixth Amendment's ri…
20-1226 Tracy Will Vaughn v. Arkansas Arkansas 2021-03-05 Denied Response Waived confrontation-clause constitutional-right-to-present-defense counseling-records due-process evidentiary-privilege privilege right-to-defense sexual-assault testimonial-development Whether a state may declare a sexual assault accuser's counseling records absolutely privileged even when the counseling is used to develop the accuse…
20-5884 Charles Chad Giese v. California California 2020-10-01 Denied Response WaivedIFP criminal-procedure custodial-interrogation due-process miranda-rights prosecutorial-misconduct right-to-counsel right-to-defense self-defense self-incrimination Did Police Violate Giese's Miranda Rights by Interrogating Him While He was in Custody?
19-7457 Rogelio Villarreal-Estebis v. United States Fifth Circuit 2020-01-28 Denied Response WaivedIFP complete-defense criminal-conviction criminal-procedure drug-trafficking evidence-exclusion federal-rule-of-evidence-403 right-to-defense rule-403 sixth-amendment sixth-amendment-rights vehicle-ownership Whether the Fifth Circuit's decision to affirm the trial court's refusal to admit the evidence was contrary to, or involved an unreasonable applicatio…
19-6411 Tyler Joseph Barefield v. Arkansas Arkansas 2019-10-28 Denied Response WaivedIFP alternative-perpetrator alternative-perpetrator-evidence constitutional-law constitutional-rights criminal-evidence criminal-procedure due-process evidence right-to-defense right-to-present-defense state-evidentiary-requirements state-evidentiary-rules To what extent may a State restrict the ability of a defendant to present evidence tending to establish that another person committed the offense?
19-5779 Eduardo Rodriguez-Lopez v. Florida Florida 2019-09-03 Denied IFP constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy right-to-defense sixth-amendment strickland strickland-standard Whether the State may rely on a plea colloquy to adequately resolve a claim that counsel failed to advise the defendant of a particular defense, consi…
19-5432 Kevin Michael-Dorman Beltowski v. Shawn Brewer, Warden Sixth Circuit 2019-08-01 Denied Response WaivedIFP credibility-determinations criminal-procedure criminal-procedure-error due-process evidence-sufficiency harmless-error instructional-error judicial-review jury-instructions newly-discovered-evidence right-to-defense right-to-present-defense sufficiency-of-evidence Whether instructional error occurred in a way that conflicts with the Supreme Court's clearly established harmless-error precedents
18-1408 John Washek v. Vermont Vermont 2019-05-09 Denied Response Waived complete-defense constitutional-rights criminal-behavior criminal-charge criminal-procedure due-process evidence-presentation fourth-amendment innocent-behavior probable-cause reasonable-suspicion right-to-defense terry-stop Whether Defendant/Petitioner John Washek's Fourth Amendment rights were violated because the police officer's Terry stop was based on observations muc…
18-1202 Pedro Montalvo, Jr. v. Ohio Ohio 2019-03-15 Denied 6th-amendment child-pornography computer-age constitutional-rights criminal-procedure doyle-violation due-process massiah-doctrine obscenity right-to-defense scienter sixth-amendment strict-liability Whether Ohio's strict liability for inadvertent child pornography dissemination violates due process, whether defendant's right to mount a defense was…
18-6787 In Re William M. Bailey 2018-11-23 Denied Response WaivedIFP criminal-procedure defense-preparation due-process formal-charges jurisdiction right-to-defense subject-matter void-judgment Was the circuit court deprived of jurisdiction over the subject matter, thereby rendering the judgment void, by failing to formally charge the petitio…