| 25A750 |
Joseph Allen Maldonado v. United States |
Tenth Circuit |
2025-12-29 |
Application |
|
brady-violation criminal-procedure invited-error post-conviction-relief recantation rule-33 |
Question not identified. |
| 25-5917 |
Thomas Avery Drum v. United States |
Eighth Circuit |
2025-10-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-authority judicial-discretion new-trial-motion rule-33 weight-of-evidence |
When a criminal defendant files a timely motion for a new trial under Rule 33(b)(2), what is the scope of the district court's authority to grant a ne… |
| 23-6494 |
Lewis Dean Armstrong v. United States |
Ninth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
circuit-split competency-standard competency-to-assist-counsel due-process excusable-neglect federal-rules-of-criminal-procedure new-trial-motion pioneer-factors pioneer-investment-services-co-v-brunswick-associa rule-33 |
Whether the district court may find excusable neglect based solely on the length of time elapsed between judgment and filing, when most circuits requi… |
| 23-6460 |
Richard C. Duerson v. United States |
Sixth Circuit |
2024-01-11 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel manifest-injustice newly-discovered-evidence pro-se rule-33 sixth-amendment supervisory-power |
whether-rule-33-criteria-override |
| 23-414 |
Devon Archer v. United States |
Second Circuit |
2023-10-19 |
Denied |
Amici (1) |
circuit-split criminal-procedure discretion judicial-discretion manifest-injustice new-trial new-trial-standard rule-33 second-circuit weight-of-evidence |
Whether district courts have discretion under Federal Rule of Criminal Procedure 33 to order a new trial based on the weight of the evidence, even in … |
| 22-7497 |
Carlos Cantizano v. United States |
Ninth Circuit |
2023-05-09 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-appeal due-process newly-discovered-evidence right-to-counsel rule-33 rule-33-motion rule-37 |
Whether the Ninth Circuit Court of Appeals erred in refusing to provide counsel to a criminal appellant for the purpose of responding to the prosecuti… |
| 22-6636 |
Mostafa Kamel Mostafa v. United States |
Second Circuit |
2023-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure defense-counsel federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-trial-motion rule-33 |
Whether a claim of ineffective assistance of counsel may be raised under Rule 33(b)(1) of the Federal Rules of Criminal Procedure? |
| 21-1319 |
Mark Nordlicht and David Levy v. United States |
Second Circuit |
2022-04-04 |
Denied |
Amici (1) |
credibility criminal-procedure discretion district-court-discretion evidence-weighing federal-rules-of-criminal-procedure jury-verdict new-trial new-trial-motion rule-33 standard-of-review witness-credibility |
Whether district courts have discretion to weigh the evidence, including the credibility of witnesses, when deciding to grant a new trial under Rule 3… |
| 21-5841 |
Rafiq Sabir v. United States |
Second Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
arabic-language-expert brady-claim brady-v-maryland district-court-discretion exculpatory-evidence factual-dispute government-suppression ineffective-assistance ineffective-assistance-of-counsel motion-to-amend rule-33 |
Could-reasonable-jurists-debate-whether-the-district-court-abused-its-discretion |
| 20-6030 |
Byron A. Wyatt v. United States |
Fifth Circuit |
2020-10-15 |
Denied |
Response WaivedIFP |
criminal-procedure evidentiary-sufficiency interest-of-justice interests-of-justice material-evidence newly-discovered-evidence rule-33 standard-of-review sufficiency-of-evidence trial-standard |
Whether F.R.Crim.P. Rule 33's standard for granting a new trial based on newly discovered evidence 'if the interest of justice so requires' cannot be … |
| 19-8439 |
Marijan Cvjeticanin v. United States |
Third Circuit |
2020-05-12 |
Denied |
Response WaivedIFP |
brady-violation catch-me-if-you-can criminal-procedure due-process kyles-standard kyles-v-whitley materiality-standard new-trial-motion perjury rule-33 trial-perjury |
Brady-violations |
| 19-7180 |
Rafael Leonhard Wolfga Beier v. United States |
Ninth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rules-of-criminal-procedure mental-impairment motion-for-new-trial newly-discovered-evidence post-conviction-relief rule-33 standard-of-review standards-for-new-trial trial-standard |
Does a criminal defendant's discovery of a recognized mental impairment after conviction at trial constitute newly discovered evidence under Federal R… |
| 19-6709 |
Adam L. Acosta v. Colorado |
Colorado |
2019-11-21 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure criminal-procedure-rule-35 disclosure ineffective-assistance-of-counsel motion-for-new-trial new-trial prosecution rule-16 rule-16-disclosure rule-33 rule-33-motion-for-new-trial rule-35 |
Whether the Court of Appeals misconstrued Rule 35(c)(3)(VID, Colorado Rules of Criminal Procedure |
| 18-9315 |
Casey Peebles v. United States |
Eighth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
1st-circuit 8th-circuit circuit-conflict circuit-split codefendant-testimony criminal-procedure due-process exculpatory-testimony federal-rules-of-evidence newly-discovered-evidence rule-33 |
Should a district court automatically exclude exculpatory testimony from a non-testifying codefendant as not newly discovered evidence or should that … |