right-to-jury-trial

16 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7467 Joseph Thomas Saari v. Kris Rish, Warden Eighth Circuit 2024-05-14 Denied Response WaivedIFP aedpa certificate-of-appealability constitutional-error first-amendment mootness retroactivity right-to-jury-trial sixth-amendment Did the panel of the Eighth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of a certificate of app…
23-766 Scott Douglas Ora v. Hollywood Chamber of Commerce California 2024-01-17 Denied Relisted (2) appellate-review burden-of-proof conditions-precedent due-process judicial-procedure judicial-review right-to-jury-trial standard-of-proof waiver 1. In this case of perilously profound impression, did the Court of Appeal violate the due process rights of Appellant when it arbitrarily disregarded…
22-6460 Davonte DeJean v. United States Fifth Circuit 2023-01-04 Denied Response WaivedRelisted (2)IFP 6th-amendment constitutional-rights court-responsibility criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-trial right-to-jury-trial sentencing sixth-amendment Was counsel ineffective for not enforcing the 6th Amendment right to a jury trial in the sentencing proceeding and is the court also responsible? Was…
22-6242 William Burke v. Jerry Jefferson, Warden Eleventh Circuit 2022-12-07 Denied Response WaivedIFP aedpa-deference antiterrorism-and-effective-death-penalty-act cumulative-errors due-process habeas-corpus ineffective-assistance-of-counsel jury-instructions jury-trial-rights right-to-jury-trial strickland-standard strickland-v-washington 1. Did the 11th Circuit Court of Appeals, and all previous courts, fail to adhere to the 'required' standard of review set forth in Strickland v. Wash…
22-5746 Chrystal Clues-Alexander v. Louisiana Louisiana 2022-10-04 Denied Response WaivedIFP constitutional-waiver criminal-procedure due-process guilty-plea jury-unanimity plea-bargaining plea-withdrawal ramos-retroactivity retroactivity right-to-jury-trial unanimous-jury Whether this Court's decision in Ramos v. Louisiana, 590 U.S. ___ (2020), provides grounds for a defendant to withdraw her pre-Ramos plea of guilty be…
21-7526 Adam C. Morris v. Illinois Illinois 2022-04-01 Denied IFP criminal-procedure due-process firearm-enhancement interrogatory-issue jury-instructions material-fact material-facts right-to-jury-trial sentencing-enhancement sentencing-procedure verdict-control 1) DID THE COURT AVOID CONSIDER THE ARGUMENT THAT THE SEPARATE GROUND INTERROGATORY IS AN ISSUE OF MATERIAL FACT AND THAT THE JURY HAD NO KNOWLEDGE IN…
21-163 George Cantu v. Providence Hospital, et al. Washington 2021-08-04 Denied Response Waived constitutional-rights discovery-rule due-process equal-protection healthcare-providers medical-malpractice right-to-jury-trial special-privileges-and-immunities statute-of-limitations I. Does Washington State's RCW 4.16.350(3), granting one year statute of limitations after discovering medical malpractice and eight year repose compa…
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 Question not identified.
19-7347 Broderick Marshall v. Texas Texas 2020-01-21 Denied IFP appeals civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-appeal right-to-counsel right-to-jury-trial standing Question not identified.
19-7181 Anna Bell v. Oregon Health & Science University Oregon 2020-01-06 Denied Response WaivedIFP 14th-amendment 7th-amendment access-to-justice civil-procedure civil-rights constitutional-rights due-process equal-protection jury-trial pro-se-representation right-to-counsel right-to-jury-trial self-representation 1) Does denying a pro se individual or public a proper course of justice by a Court violate prior U.S. Supreme Court rulings and The Ninth Amendment t…
19-776 James Wesley Amonett, Jr. v. Virginia Virginia 2019-12-18 Denied Response Waived contract-enforcement contract-law criminal-procedure criminal-procedure-contract-enforcement due-process jury-trial law-enforcement plea-bargaining police-authority police-promises right-to-jury-trial sixth-amendment Issue 1. There is an important, recurring issue on which the Federal circuits and the states' highest courts are split, i.e. whether the police can pr…
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…
19-5581 William Henry Stephens, Jr. v. United States Fourth Circuit 2019-08-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion knowing-and-intelligent plea-bargaining right-to-counsel right-to-jury-trial voluntariness Whether a Court can Rightfully Accept a Defendant's Guilty Plea when Such Plea was Not Made Knowingly and Intelligently.
18-8707 Wallace G. Carlyle v. Sherman Campbell, Warden Sixth Circuit 2019-04-04 Denied IFP constitutional-rights effective-assistance-of-counsel fourteenth-amendment history-of-abuse ineffective-assistance mental-retardation plea-bargaining plea-withdrawal right-to-jury-trial sixth-amendment DID TRIAL COUNSEL'S FAILURE TO ADEQUATELY CONSIDER MR. CARLYLE'S MENTAL RETARDATION AND HISTORY OF ABUSE, AND OTHER VARIOUS ACTS, DEPRIVE DEFENDANT OF…
18-8444 Primo C. Novero v. Duke Energy Florida, LLC, et al. Eleventh Circuit 2019-03-19 Denied Response WaivedIFP access-to-courts administrative-jurisdiction civil-procedure civil-rights constitutional-claims document-delivery due-process equal-access equal-protection right-to-jury-trial right-to-petition rules-of-court standing trial-by-jury Does the district court erred and had conflict with the U.S. Supreme Court Rule 29.2, and U.S. Constitution Amendment 14 due proces in defining "timel…
18-5265 In Re Brandon Lee 2018-07-18 Denied IFP consent consent-requirements criminal-procedure due-process equal-protection indictment-procedure indictments indigent-defendants judicial-standard prosecutorial-discretion right-to-counsel right-to-effective-assistance-of-counsel right-to-jury-trial standard 1. SHOULD THE STATE BE PERMITTED TO ISSUE TRUE BILL MISREPRESENTATION OF THE CHARGING INSTRUMENT FOR ALL CRIMINAL MATTERS PERTAINING TO INDIGENT DEFEN…