right-to-testify

45 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5122 Raheem Brown v. United States Third Circuit 2025-07-16 Denied Response WaivedIFP criminal-procedure fair-trial fourteenth-amendment ineffective-assistance-of-counsel right-to-testify sixth-amendment Is a criminal defendant's Sixth and Fourteenth Amendment right to testify and to receive a fair trial abridged where trial counsel interferes with the…
23A1049 Meko R. Walker v. United States Fifth Circuit 2024-05-23 Presumed Complete constitutional-rights criminal-procedure ineffective-assistance right-to-testify sixth-amendment trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to inform the defendant o…
23-7243 Nathaniel Blayn Becker v. United States Fourth Circuit 2024-04-17 Denied Response WaivedIFP criminal-procedure due-process explosive-devices mental-illness obstruction-of-justice psychotic-disorder right-to-testify sentencing-enhancement trial-testimony Whether the obstruction of justice enhancement for 'false' trial testimony by the defendant violates the right to testify when the court did not make …
23-6865 Justus Onyiego v. Tennessee Tennessee 2024-02-29 Denied IFP constitutional-rights criminal-procedure due-process evidence ineffective-assistance post-conviction right-to-counsel right-to-testify trial-counsel Was trial counsel ineffective?
23-6016 Malik Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-15 Denied IFP 28-usc-2253(c) certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interference-with-right-to-testify postconviction-relief prior-criminal-history right-to-testify sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability
23-502 Noble U. Ezukanma v. United States Fifth Circuit 2023-11-14 Denied Response Waived counsel-advice criminal-procedure defendant-testimony due-process ineffective-assistance ineffective-assistance-of-counsel prejudice right-to-testify sixth-amendment strickland strickland-standard How do the standards for judging ineffective-assistance-of-counsel apply to the question of what advice defense-counsel gives to a defendant concernin…
23-5801 Jeffery Ducote v. Tim Hooper, Warden Fifth Circuit 2023-10-16 Denied Response WaivedRelisted (2)IFP 14th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel right-to-testify sixth-amendment Whether Mr. Ducote's 5th, 6th, and 14th Amendment rights were violated when his right to testify was taken from him
23-5785 Joshua Aston v. Arizona Arizona 2023-10-16 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process jury-instructions reopening-of-case right-to-present-defense right-to-testify sixth-amendment trial-procedure unanimous-jury Where a defendant's right to testify was violated
23-312 Lee E. Stephens, Jr. v. Carolyn J. Scruggs, Secretary, Maryland Department of Public Safety and Correctional Services, et al. Fourth Circuit 2023-09-26 Denied Response Waived constitutional-challenge due-process habeas-relief impeachment ineffective-assistance-of-counsel ineffective-counsel prior-convictions resentencing right-to-testify sentencing unconstitutional-convictions Whether reasonable jurists could debate whether habeas relief and resentencing is required when a defendant's sentence was premised on prior convictio…
23-5043 Coby Quinton Ceaser v. Tim Hooper, Warden Fifth Circuit 2023-07-05 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-suppression ineffective-assistance jackson-standard jury-instructions prosecutorial-misconduct right-to-present-defense right-to-testify trial-fairness Can the Jackson standard be satisfied when relevant, material, and appreciable evidence is impermissibly kept from the jury?
22-7685 Satish Kartan v. United States Ninth Circuit 2023-06-01 Denied Response WaivedIFP compelled-testimony-withdrawal court-precedent due-process forced-labor griffin-v-california prosecutor-comments right-to-testify rock-v-arkansas sentencing-guidelines statutory-interpretation Whether the district court violated Kastan's right to testify and the subsequent prosecutor's comments, 'The defendants don't like answering questions…
22-7158 Reginald Langston Luster v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-03-30 Denied Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-testify stand-your-ground trial-counsel whether-petitioner-luster-is-entitled-to-a-certificate-of-appealability
22-7051 William Todd Lewallen v. Scott Crow Tenth Circuit 2023-03-21 Denied IFP constitutional-rights criminal-procedure defendant-testimony due-process evidence jury-trial right-to-testify rock-v-arkansas sentencing sentencing-procedure state-evidence-law Whether the Oklahoma Court of Criminal Appeals' rule that deems the accused's version of events irrelevant as a matter of law during sentencing procee…
22-6892 In Re Willie Thomas 2023-02-28 Denied IFP constitutional-rights due-process fundamental-rights habeas-corpus ineffective-assistance judicial-bias judicial-discretion judicial-usurpation right-to-testify trial-procedure whether the District Court Approach to 2254 petition asserting a loss of a fundamental constitutional right to choose whether to testify in his own de…
22-5530 Joseph Ray Jordan v. United States Second Circuit 2022-09-08 Denied Response WaivedIFP affirmative-defense brady-rule constitutional-rights criminal-procedure ineffective-assistance-of-counsel post-conviction-relief right-to-testify section-2255 strickland-standard witness-tampering Where the defendant made the undisputed claim that trial counsel failed to inform him of an affirmative defense before his right to testify was waived…
21-8068 John Burke v. United States Second Circuit 2022-06-06 Denied Response WaivedIFP conflict-of-interest criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel rico-case right-to-testify withdrawal-defense witness-testimony Should an attorney afraid of their client be allowed to represent the client without the client's knowledge?
21-8064 Antonio D. Shannon v. Randall Hepp, Warden Seventh Circuit 2022-06-06 Denied Response WaivedIFP counsel-obligations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify sixth-amendment whether-the-defendant-has-the-right-to-testify
21-7961 Patrick Glenn Goodwin v. Marion Spearman, Warden Ninth Circuit 2022-05-24 Denied Response WaivedIFP but no text of a SCOTUS petition was provided in I cannot generate a question presented or identif I cannot generate the question presented or ident please include the full text of the document. please include the full text of the petition. constitutional-rights due-process federal-courts habeas-corpus knowing-and-intelligent-waiver right-to-testify Whether a trial court must obtain an on-the-record waiver of the right to testify in one's own defense
21-7758 Donald W. Estell v. United States Eighth Circuit 2022-05-02 Denied Response WaivedIFP due-process false-testimony guilty-plea napue-rule napue-v-illinois narcotics-influence plea-bargaining right-to-testify sentencing witness-testimony Should this court apply the Napue due process for a defendant who pleads guilty?
21-7684 Ernest DeWayne Jones v. Ronald Broomfield, Warden Ninth Circuit 2022-04-22 Denied IFP complete-defense constitutional-analysis constitutional-restriction criminal-defendant-rights criminal-defense due-process expert-testimony right-to-testify rock-v-arkansas Whether a criminal defendant's right to testify is violated when prevented from testifying to facts within his personal knowledge without expert testi…
21-7328 Glen S. v. Connecticut Connecticut 2022-03-09 Denied Response WaivedIFP circuit-split constitutional-right criminal-defendant criminal-procedure due-process judicial-canvassing probation-violation right-to-testify testimony-rights trial-court-duty waiver waiver-of-rights Should an affirmative duty be imposed on trial courts to canvass criminal defendants about their right to testify?
21-6931 Tom Iles White, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-01-20 Denied Relisted (2)IFP constitutional-rights constitutional-violation due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-testify structural-error Defendant's right to testify in habeas corpus proceeding
21-6849 Edwin Vaquiz v. United States Third Circuit 2022-01-13 Denied Response WaivedIFP attorney-client-relationship constitutional-rights criminal-defendant-rights criminal-defense due-process judicial-discretion right-to-counsel right-to-testify sixth-amendment trial-counsel-strategy witness-testimony Whether a trial attorney can prohibit or forbid, by coercion (threat to withdraw representation from defendant's criminal case), the defendant to resi…
21-6188 Johnathan Andrew Doody v. Arizona Arizona 2021-11-04 Denied Response WaivedIFP attorney-withdrawal coercion constitutional-rights criminal-procedure ineffective-assistance involuntary-confession right-to-testify Whether Doody was denied his right to testify
21-5488 John Patrick Blackmon v. Jeffrey A. Uttecht, Warden Ninth Circuit 2021-08-26 Denied Response WaivedIFP criminal-procedure defendant-rights due-process exceptional-circumstances habeas-corpus judicial-inquiry prior-testimony right-to-testify testimony-waiver trial-procedure waiver Did events in the second trial establish additional process due the Defendant in any subsequent trial?
21-250 Khamraj Lall v. United States Third Circuit 2021-08-23 Denied Response WaivedRelisted (2) brady-material constitutional-rights due-process indictment-transfer ineffective-assistance-of-counsel ineffective-counsel right-to-testify simultaneous-indictments speedy-trial Whether the Trial Judge erred in not having an on-the-record colloquy with the defendant regarding the right to testify
20-8199 Isiah Lamonte Brown v. California California 2021-06-03 Denied Response WaivedIFP constitutional-remedy counsel-ineffectiveness counsel-violation criminal-procedure fundamental-autonomy prejudice prejudice-analysis right-to-testify standard-of-review waiver waiver-standard What standard of prejudice must be satisfied to reverse a conviction due to counsel's violation of the defendant's right to testify?
20-6624 Aaron Michael Aguilera v. California California 2020-12-14 Denied Response WaivedIFP burden-of-proof criminal-defendant criminal-defendant-rights due-process fair-trial harmless-error jury-instructions presumption-of-innocence right-to-testify structural-error Right-to-testify
20-5962 Erik Diaz-Colon v. United States First Circuit 2020-10-08 Denied Response WaivedIFP civil-rights-conspiracy constitutional-rights constructive-amendment deprivation-of-rights ineffective-assistance plea-agreement right-to-testify trial-counsel Whether petitioner's trial counsel rendered ineffective assistance
19-1473 Phillip Hartsfield v. Stepanie Dorethy, Warden Seventh Circuit 2020-07-08 Denied Response Waived appellate-certification contemporaneous-assertion contemporaneous-objection federal-habeas-corpus ineffective-assistance-of-counsel prejudice-standard right-to-testify state-court-requirement strickland-standard strickland-v-washington witness-testimony Whether the lower court erred by holding that the prejudice standard applying to ineffective assistance of counsel claims under Strickland v. Washingt…
19-6535 Clarence Fry v. Ohio Ohio 2019-11-06 Denied IFP constitutional-right criminal-defendant due-process fair-trial fourteenth-amendment right-to-testify rock-v-arkansas self-representation sixth-amendment trial-counsel Is it unconstitutional for any Court to deny the Constitutional right to testify in one's own defense by placing the burden of making such desire know…
19-6152 Marian Papacsi Owens v. Sue Mickens, Warden, et al. Eleventh Circuit 2019-10-03 Denied Response WaivedIFP certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure Whether the trial court's refusal to allow the defendant to testify by narrative violated her right to effective assistance of counsel
19-5985 Leeroy Cesar Carballo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-18 Denied IFP appeal constitutional-rights criminal-procedure due-process evidentiary-hearing fifth-circuit-review fundamental-rights ineffective-assistance-of-counsel right-to-testify sentencing sentencing-phase Whether a criminal defendant's right to testify was violated when his trial counsel prevented him from testifying to his version of events during the …
18-9656 In Re Lexter K. Kossie 2019-06-17 Denied IFP character-evidence character-witness constitutional-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence mitigation right-to-testify sentencing sentencing-phase Can a trial counsel render constitutionally performance and not prejudice the defense
18-9239 Dale Shoop v. Ralph Terry, Acting Warden Fourth Circuit 2019-05-13 Denied Relisted (2)IFP constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel preliminary-hearing right-to-testify sixth-amendment victim-testimony witness-impeachment witness-presence witness-testimony Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated
18-8427 Malcolm Roy Evans v. United States Eighth Circuit 2019-03-14 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-procedure-rights criminal-trial due-process ineffective-assistance judicial-discretion judicial-inquiry right-to-counsel right-to-testify self-representation Whether a trial court may summarily prohibit an accused from testifying in his own defense
18-8113 Troy Arnaud v. Darrel Vannoy, Warden Fifth Circuit 2019-02-22 Denied Response WaivedIFP attorney-client client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify self-representation sixth-amendment trial-counsel Whether Arnand was denied his constitutional right to the effective assistance of counsel
18-7884 Paula Villalva-Patricio v. United States Fifth Circuit 2019-02-11 Denied Response WaivedIFP criminal-procedure due-process fair-trial ineffective-assistance-of-counsel pertinent-information right-to-testify sixth-amendment testify translation-of-proceedings Whether the Defendant received ineffective assistance of counsel when Appellant wished to testify or otherwise introduce pertinent information and her…
18-7089 Esau Milliner v. Kathy Litteral, Warden Sixth Circuit 2018-12-19 Denied Response WaivedIFP appeal-waiver closing-argument confession constitutional-rights criminal-procedure due-process first-degree-burglary ineffective-assistance-of-counsel initial-aggressor procedural-bar right-to-appeal right-to-testify self-defense trial-counsel Effective-assistance-of-counsel
18-6646 John Edward Davis v. Florida Florida 2018-11-08 Denied IFP autopsy-photographs coercion constitutional-procedure criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-confession involuntary-statements juvenile-offender juvenile-offender-rights juvenile-rights motion-to-suppress right-to-testify self-incrimination Whether the Florida Court of Appeals unreasonably applied this Court's precedent
18-6558 Anthony James Merrick v. Arizona Arizona 2018-11-02 Denied IFP appellate-counsel attorney-client-privilege constitutional-rights due-process effective-counsel evidence-exclusion false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct right-to-testify trial-procedure Did the Arizona State Courts err in finding Mr. Merrick was not entitled under the constitution to testify at trial even though he attempted to make a…
18-6305 Igor Polshyn v. United States Eleventh Circuit 2018-10-12 Denied Response WaivedIFP constitutional-law criminal-procedure due-process evidence reversal right-to-testify structural-error testimony Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutional…
18-6247 Roy Parker v. Burl Cain, Warden Fifth Circuit 2018-10-09 Denied IFP 6th-amendment competency conflict-of-interest constitutional-provisions due-process evidentiary-hearing ineffective-assistance-of-counsel right-to-testify sixth-amendment Did the petitioner receive effective assistance of counsel?
18-5539 Derek W. Pelto v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-08-10 Denied Response WaivedIFP burden-of-proof change-of-law insanity-defense right-to-testify burden-of-proof certificate-of-appealability criminal-procedure ineffective-assistance insanity-defense right-to-counsel right-to-testify sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r…
18-5433 Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-08-01 Denied Response WaivedIFP closing-argument constitutional-rights due-process effective-assistance-of-counsel fair-trial hearsay-evidence ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct right-to-testify sixth-amendment speedy-trial Was the petitioner denied her right to a fair trial and effective assistance of counsel?