second-degree-murder

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5982 Bani Marcela Duarte v. Lavelle Parker, Acting Warden Ninth Circuit 2025-10-29 Denied IFP due-process fair-trial ineffective-assistance prosecutorial-misconduct reasonable-doubt second-degree-murder I. Did the Prosecution Fail to Prove the Second Degree Murder Charge Beyond a Reasonable Doubt; Did Appellate Counsel Render Ineffective Assistance? …
24-6638 Raquel Delgado Chavez v. United States Fifth Circuit 2025-02-25 Denied Response WaivedIFP causal-connection criminal-law depraved-heart federal-murder second-degree-murder sentencing Does the 'depraved heart' theory of federal second-degree murder require a causal connection between the defendant's 'depraved' conduct and the victim…
24-6586 Landon Hank Black v. Tennessee Tennessee 2025-02-18 Denied Response RequestedResponse WaivedRelisted (7)IFP burden-of-proof constitutional-limits criminal-procedure due-process jury-instructions second-degree-murder Did the jury instructions imposing a burden of proving innocence of second-degree murder beyond a reasonable doubt violate due process precedents
24-5188 Patrick Wilson v. Louisiana Louisiana 2024-07-31 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trials non-unanimous-jury second-degree-murder sixth-amendment state-courts Whether non-unanimous jury verdicts in state criminal trials violate the Sixth and Fourteenth Amendments of the U.S. Constitution
24-5060 Bert Hudson v. Pennsylvania Board of Probation and Parole Pennsylvania 2024-07-12 Denied Response WaivedIFP constitutional-interpretation cruel-and-unusual-punishment cruel-punishment eighth-amendment furman-v-georgia mandatory-minimum parole parole-review second-degree-murder sentencing-guidelines sentencing-statutes Whether Pennsylvania's sentencing statutes for second-degree murder, which provide for a mandatory maximum sentence of life imprisonment with a requir…
23-7697 Zachary Kelsey v. Tim Garrett, Warden, et al. Ninth Circuit 2024-06-12 Denied Response WaivedIFP cause-of-death closing-argument criminal-procedure criminal-trial forensic-pathologist forensic-pathology habeas-corpus ineffective-assistance-of-counsel second-degree-murder sixth-amendment Whether Zachary Kelsey was deprived of the effective assistance of counsel
23-7632 Cordero Passley v. United States Second Circuit 2024-06-04 Denied Response WaivedIFP criminal-law criminal-statute deliberate-intent deliberation first-degree-murder malicious-conduct mens-rea premeditation second-degree-murder willful-killing Whether the defendant committed a 'willful, deliberate, malicious, and premeditated killing' under 18 U.S.C. § 1(a)
23-6770 Juan Carlos Burns v. United States Ninth Circuit 2024-02-16 Denied Response WaivedIFP 18-usc-1 18-usc-924 crime-of-violence criminal-law federal-criminal-law federal-sentencing second-degree-murder sentencing-enhancement statutory-definition statutory-interpretation violent-crime Does second-degree murder in violation of 18 U.S.C. § 1 categorically qualify as a 'crime of violence' within the meaning of 18 U.S.C. § 924(c)(8)(A)?
23-6178 Decardo Moore v. United States Sixth Circuit 2023-12-06 Denied Response WaivedIFP concurrent-sentencing criminal-sentencing fact-finding intent-finding mental-health mental-illness plea-colloquy procedural-reasonableness second-degree-murder sentencing-errors substantive-reasonableness venue-insufficiency Adequacy-of-sentencing-consideration-for-mental-illness
23-5994 James Jordan McClain v. Tammy Campbell, Warden Ninth Circuit 2023-11-13 Denied Response WaivedIFP brady-violation equitable-tolling first-degree-murder habeas-corpus ineffective-assistance prosecutorial-misconduct second-degree-murder self-defense voluntary-manslaughter Whether the Ninth Circuit erred in holding that extraordinary circumstances for equitable tolling must make earlier filing 'impossible'
23-5513 Rickeena Hamilton v. Tennessee Tennessee 2023-09-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense right-to-present-defense second-degree-murder Did these instructions, which imposed on the defendant a burden of proving her innocence of second-degree murder beyond a reasonable doubt, violate du…
23-5423 Andre Monteek Edwards v. Kim Cargor, Warden Sixth Circuit 2023-08-23 Denied Response WaivedIFP accident accident-defense criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice prejudice-analysis second-degree-murder self-defense strickland-standard Does a second degree murder conviction preclude a showing of prejudice
23-5168 Isaac Silversmith v. United States Ninth Circuit 2023-07-21 Denied Response WaivedIFP 18-usc-924 8-usc-1 certificate-of-appealability crime-of-violence criminal-law federal-criminal-law ninth-circuit second-degree-murder statutory-interpretation violent-crime Whether the Ninth Circuit erred in holding that second-degree murder is a 'crime of violence' under 18 U.S.C. § 924(c)(1)(A)
22-6829 Quinton Birdinground, Jr. v. United States Ninth Circuit 2023-02-22 Denied Response WaivedIFP crime-of-violence criminal-law due-process federal-criminal-law mens-rea recklessness second-degree-murder sentencing sentencing-enhancement statutory-interpretation violent-crimes Whether federal second-degree murder is a crime of violence under 18 U.S.C. § 924(c)(3)
22-6569 Charles Heard v. United States Ninth Circuit 2023-01-19 Denied Response WaivedIFP 18-usc-924 9th-circuit california-law categorical-approach crime-of-violence criminal-law elements-clause implied-malice ninth-circuit second-degree-murder statutory-interpretation Does a VICAR murder conviction based on California second-degree murder constitute a crime of violence?
22-6444 Stephen Duane Burgess v. United States Ninth Circuit 2023-01-04 Denied Response WaivedIFP crime-of-violence criminal-law double-jeopardy due-process federal-sentencing federal-statute second-degree-murder sentencing-enhancement statutory-interpretation violent-crime Whether a conviction for federal 'second degree murder' under 18 U.S.C. § 1(a) is a 'crime of violence' under 18 U.S.C. § 924(c)(3)
22-6319 Francis Boyd v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2022-12-16 Denied Response WaivedIFP civil-procedure due-process ineffective-assistance-of-counsel jury-instructions second-degree-murder third-degree-murder Did the Third Circuit Court of Appeals misconstrue petitioner's question concerning his claim(s) in denying his petition for a rehearing/rehearing en …
21-7603 Glen S. Evans v. Bill Stange, Warden Eighth Circuit 2022-04-12 Denied IFP 4th-amendment criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree ineffective-assistance-of-counsel insufficient-evidence motion-to-suppress prejudice reasonable-suspicion second-degree-murder sufficiency-of-evidence where-the-trial-court-has-erred-and-abused-its-discretion
21-504 Joshua Eric Hawk Clark, aka Joshua Clark v. Mississippi Mississippi 2021-10-05 Denied Response Waived due-process expert-testimony fourteenth-amendment judicial-reliability murder-conviction scientific-evidence scientific-reliability second-degree-murder shaken-baby-syndrome Does the Due Process Clause prohibit a conviction based on unreliable expert testimony?
21-5551 Floyd Flugence v. Darrel Vannoy, Warden Fifth Circuit 2021-09-01 Denied Response WaivedIFP constitutional-rights criminal-law criminal-procedure due-process intent jury-evidence louisiana second-degree-murder specific-intent sufficiency-of-evidence Whether the evidence was sufficient to support the finding of guilt in accordance with La. B.S. 14:30.1 (Second Degree Murder) where there was no spec…
21-5313 In Re Juan Luis Leonor 2021-08-09 Dismissed Response WaivedIFP collateral-review constitutional-law criminal-procedure federal-retroactivity-test retroactivity second-degree-murder state-v-ronald-smith sudden-quarrel-provocation supreme-court-review teague-standard Whether the Nebraska Supreme Court's decision not to hold State v. Ronald-Smith retroactive confines the petitioner to a lesser remedy than what the U…
20-7907 Julio Solano v. California California 2021-05-03 Denied IFP due-process heat-of-passion insufficient-evidence jury-instruction jury-instructions prosecutorial-misconduct provocation second-degree-murder voluntary-manslaughter Whether the California Courts' failure to adequately instruct the jury on provocation in the context of Second Degree Murder violated federal due proc…
20-7715 In Re Richard DeCaro 2021-04-12 Dismissed Relisted (2)IFP double-jeopardy ex-post-facto federal-statute first-degree-murder ineffective-assistance ineffective-assistance-of-counsel mandatory-life second-degree-murder sentencing-guidelines sixth-amendment Whether the Ex Post Facto Clause is violated
20-7561 Melissa Pocopanni v. Florida Florida 2021-03-25 Denied Response WaivedIFP criminal-responsibility cruel-and-unusual-punishment eighth-amendment intent-to-commit-murder juvenile-sentencing life-imprisonment second-degree-murder Whether a sentence of life imprisonment without the possibility of parole on a nineteen-year-old defendant convicted as a principal to second-degree m…
20-7178 Nolan C. Turner, III v. Louisiana Louisiana 2021-02-19 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief retroactivity right-to-counsel second-degree-murder trial-counsel Whether trial counsel's concession of guilt to second-degree murder, over the defendant's express objection, violated the defendant's right to maintai…
20-6848 Dana Sylvester Whitley v. R. Graham, Jr., Warden Fourth Circuit 2021-01-12 Denied Response WaivedIFP criminal-conviction criminal-procedure double-jeopardy due-process habeas-corpus judicial-review merger-of-sentences ohio-court-of-appeals post-conviction-relief second-degree-murder sentencing Was the U.S. District Court for the District of Maryland correct in dismissing my habeas corpus petition?
20-6710 Marlon Iron Crow v. United States Eighth Circuit 2020-12-28 Denied Response WaivedIFP 18-usc-1 criminal-law criminal-statute jury-instruction jury-instructions malice-aforethought mens-rea second-degree-murder statutory-interpretation Whether the 'reckless' mens rea should be included in the jury instruction for 'malice aforethought' for second degree murder under 18 U.S.C. § 1
20-6096 Dieuseul Brown v. Sonja Nicklaus, Warden Seventh Circuit 2020-10-22 Denied IFP criminal-procedure due-process first-degree-murder independent-and-adequate-state-grounds jury-finding jury-instructions procedural-default second-degree-murder state-grounds Whether the Petitioner's claim is Procedurally-Defaulted
19-7889 Walter Rosario-Colon v. Louisiana Louisiana 2020-03-06 Denied Response WaivedIFP criminal-conviction criminal-law criminal-procedure due-process evidence insufficient-evidence jury-instructions reasonable-jurist second-degree-murder self-defense Whether reasonable jurists would determine that Walter Rosario-Colon acted in self-defense when he struck Antonio Aguado, or whether there was insuffi…
19-7587 Lannon Lavar Burdunice v. Minnesota Minnesota 2020-02-07 Denied Response WaivedIFP acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence Must my conviction for second degree intentional murder be vacated and a judgement of acquittal entered
19-7217 Rickey Thompson v. United States Eleventh Circuit 2020-01-08 Denied Response RequestedResponse WaivedRelisted (2)IFP crime-of-violence criminal-law criminal-sentencing due-process elements-clause firearms johnson-davis-doctrine johnson-v-united-states mandatory-minimum second-degree-murder statutory-interpretation united-states-v-davis vagueness vagueness-doctrine Whether the residual clause of 18 U.S.C. § 924(c)(8) is unconstitutionally vague
19-605 Arizona v. Philip John Martin Arizona 2019-11-12 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) appeal criminal-appeal double-jeopardy first-degree-murder greater-offense hung-jury hung-jury-rule jury-instructions jury-verdict lesser-offense richardson-v-united-states second-degree-murder When a jury expressly states it is 'unable to agree' on a defendant's guilt for a greater offense and convicts the defendant of a lesser offense, and …
19-5263 Miah Stroud v. Shawn Brewer, Warden Sixth Circuit 2019-07-22 Denied Response WaivedIFP constitutional-right-to-defense constitutional-rights criminal-conviction criminal-procedure due-process expert-testimony expert-witness felonious-assault insufficient-evidence misidentification police-influence prosecutorial-evidence prosecutorial-misconduct second-degree-murder sufficiency-of-evidence witness-identification Did the courts erroneously deny Ms. Stroud's constitutional right to due process when she was convicted of second degree murder and three counts of fe…
18A1229 Sam Newman v. Louisiana Louisiana 2019-05-29 Presumed Complete eighth-amendment individualized-sentencing juvenile-sentencing life-without-parole miller-v-alabama second-degree-murder Whether the Eighth Amendment prohibits sentencing a juvenile offender to life without parole for multiple second-degree murder convictions without ind…
18-9094 Marty J. Hebert v. Louisiana Fifth Circuit 2019-05-02 Denied Response WaivedIFP autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment Has the State of Louisiana committed Constitutional Error in its refusal to Order production of Dr. Laga's grand jury testimony to petitioner?
18-9032 Michael Slager v. United States Fourth Circuit 2019-04-30 Denied Response WaivedIFP civil-rights credibility-of-witness criminal-procedure due-process expert-testimony legal-standard officer-involved-shooting police-misconduct police-use-of-force second-degree-murder use-of-force voluntary-manslaughter Did the district court deny Petitioner's right to due process when it found that the underlying conduct at issue here—Officer Michael Slager's shootin…
18-8727 Corey Wiggins v. Stanley Payne, Warden Eighth Circuit 2019-04-08 Denied IFP certificate-of-appealability constitutional-rights criminal-procedure failure-to-investigate habeas-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel second-degree-murder sixth-amendment voluntary-manslaughter Whether the Eighth Circuit Court of Appeals erred in refusing to grant a certificate of appealability
18-8244 Justin Keith Cornell v. Virginia Virginia 2019-03-04 Denied Response WaivedRelisted (2)IFP actus-reus appellate-review cause-of-death circumstantial-evidence criminal-agency criminal-conviction due-process jury-standard mens-rea reasonable-doubt second-degree-murder sufficiency-of-evidence Whether the Supreme Court of Virginia erred in applying the criteria of excluding all reasonable hypotheses of appellant's innocence, rather than the …
18-7626 Gregory Haynes v. Illinois Illinois 2019-01-29 Denied Response WaivedIFP burden-of-proof constitutional-rights due-process fair-trial legal-standards miscarriage-of-justice second-degree-murder self-defense trial-court-error Whether the Petitioner was denied his constitutional rights to due process and a fair trial
18-7116 Lonnie Anthony Jones v. United States Eleventh Circuit 2018-12-19 Denied Response WaivedIFP armed-career-criminal-act curtis-johnson-v-united-states denard-stokeling-v-united-states edwin-deshazior-v-united-states florida-statute florida-statutes johnson-definition physical-force second-degree-murder violent-felony Whether second-degree murder in Florida is a 'violent felony' within the meaning of the elements clause of the Armed Career Criminal Act (ACCA)
18-6216 Musonda Mulenga v. United States District of Columbia 2018-10-05 Denied Response WaivedIFP carpenter-v-united-states criminal-conviction criminal-procedure district-court-procedure district-of-columbia due-process fourth-amendment harmless-error judicial-precedent legal-conflict second-degree-murder superior-court supreme-court-review Whether the opinion from the District of Columbia Court of Appeals is in conflict with opinion of this Court in Carpenter v. United States, 136 S.Ct. …