sentence

18 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7752 Mark Edmond Brown, Jr. v. United States Sixth Circuit 2024-06-18 Denied Response WaivedIFP appeal-waiver coram-nobis due-process guilty-plea miscarriage-of-justice sentence sentencing-rights sixth-circuit Whether a defendant's appeal waiver bars the filing of a coram nobis petition following full service of his sentence
23-6300 Richard Paiva v. Rhode Island Rhode Island 2023-12-19 Denied Response WaivedIFP 14th-amendment constitutional-protection due-process incarcerated-rights incarceration parole parole-eligibility sentence sentencing-procedure statutory-rights Are the protections of the 14th-Amendment-Due-Process-Clause triggered, when an incarcerated-person has a statutory-right-to-be-parole-eligible during…
23A498 Michael Alan Welker v. United States Eighth Circuit 2023-12-01 Presumed Complete certiorari conviction eighth-circuit extension petition sentence Whether the Eighth Circuit Court of Appeals erred in affirming the petitioner's conviction and sentence without proper consideration of the legal argu…
22-550 Carlos Jackson v. Mississippi Mississippi 2022-12-15 Denied Response WaivedRelisted (2) competency conviction criminal-procedure due-process judicial-inquiry retroactivity sentence state-courts void-conviction Whether the retroactivity rule for criminal procedure applies to the State of Mississippi
21-7284 Jesus Ruiz v. Louis Williams, II, Warden Seventh Circuit 2022-03-08 Denied Response WaivedIFP 28-usc-2241 28-usc-2255 actual-innocence conviction federal-prisoner habeas-corpus section-2241 section-2255 sentence statutory-interpretation Whether a new statutory interpretation from this Court allows a federal prisoner to redress the legality of his conviction or sentence pursuant to 28 …
21-5365 Mark Lee Wilkinson v. Siobhan Burtlow, Warden, et al. Tenth Circuit 2021-08-13 Denied Response WaivedRelisted (2)IFP conviction conviction-challenge habeas-corpus new-judgment petition-filing sentence statute-of-limitations statutory-interpretation successive-petitions time-limitation whether-new-judgment-restarts-one-year-time-limitation
20-7801 Cody Lee Herman v. United States Sixth Circuit 2021-04-19 Denied Response WaivedIFP and sentencing stages plea constitutional-rights conviction criminal-procedure effective-assistance-of-counsel ineffective-assistance plea-bargaining plea-stage plea-stages pro-se-objections right-to-counsel sentence sentencing sentencing-stage Whether Petitioner's Right to the Effective Assistance of Counsel Was Violated During the Pretrial and Plea Stages
19-8482 Graylin Gray v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al. Eighth Circuit 2020-05-15 Denied Response WaivedIFP conviction district-court due-process habeas-corpus judgment judgment-of-conviction petition-for-writ procedural-error sentence state-custody Whether petitioner is in state custody pursuant to a sentence, not pursuant to the judgment, which includes both the conviction and sentence?
19-7832 Sean Wayne Pierce v. California California 2020-03-04 Denied IFP actually-innocent constitutional-review conviction criminal-sentencing habeas-corpus miller-v-alabama mitigating-factor sentence standard-of-review-under-miller-v-alabama status-rather-than-criminal-conduct validity-of-conviction youth-offender Whether habeas corpus under Miller v. Alabama was necessary when a significant mitigating factor calls into question the validity of the conviction or…
19-7841 In Re Elloyd Johnson 2020-03-02 Denied IFP certiorari-denial conviction court-jurisdiction due-process habeas-corpus judicial-assignment judicial-misconduct judicial-oath judicial-review jurisdiction oath-of-office sentence Whether a conviction and sentence stand affirmed as closed with no further form of consideration by the court when a judicial officer clearly presided…
19-7242 Bryan Whitehead v. United States Eleventh Circuit 2020-01-10 Denied Response WaivedIFP 18-usc-924c 5th-amendment conviction conviction-and-sentence crime-of-violence due-process fifth-amendment jury-determination residual-clause sentence sixth-amendment statutory-interpretation united-states-v-davis Whether the Petitioner was denied his Fifth Amendment right to due process of law by virtue of his conviction and sentence under the residual clause o…
19-6624 Andre D. Lee v. Louisiana Louisiana 2019-11-13 Denied Response WaivedIFP burden-of-proof constitutional-rights conviction criminal-procedure due-process hearing right-to-counsel sentence state-trial-court void waiver Was the petitioner's right to counsel violated in the state trial court, thereby making the conviction and sentence completely void?
19-5308 Oscar Minaya v. United States Second Circuit 2019-07-25 GVR IFP 18-usc-924 18-usc-924c civil-rights conviction criminal-law criminal-procedure due-process federal-statute residual-clause sentence sentencing-enhancement statutory-interpretation supreme-court-precedent united-states-v-davis void-for-vagueness Whether the residual clause at 18 U.S.C. § 924(c)(3)(B) is void for vagueness
19-5209 Therian Cornelia Wimbush v. Willie Sue Mickens, Warden Eleventh Circuit 2019-07-17 Denied Relisted (2)IFP conviction direct-appeal due-process federal-exhaustion habeas-corpus jurisdiction sentence speedy-trial state-court-remedy Does the timely and legally sufficient filing of a Notice of Appeal of a Directly Appealable post-conviction Statutory Speedy Trial motion preclude th…
18-1320 Renee Baker, Warden v. Alquandre H. Turner Ninth Circuit 2019-04-18 Denied 28-usc-2244 amended-judgment civil-rights conviction conviction-challenge due-process federal-habeas habeas habeas-corpus new-judgment sentence sentencing successive-petition successive-petitions time-served-credit Whether an amended judgment of conviction containing only nominal changes that do not disturb the original conviction and sentence should be considere…
18-8803 Raymond Ramirez v. Florida Florida 2019-04-12 Denied Response WaivedIFP 14th-amendment constitutional-violation conviction due-process fourteenth-amendment judgment-of-conviction jurisdiction jurisdictional-rule sentence sentencing state-court Whether the State of Florida / State Court violated the 14th Amendment of the United States Constitution by enlarging a jurisdictional rule without au…
18-5701 Stephen Aguiar v. United States Second Circuit 2018-08-22 Denied Response WaivedIFP appeal coram-nobis criminal-conviction criminal-procedure due-process federal-court federal-courts fifth-amendment habeas-corpus second-circuit-dismissal sentence sentencing-appeal writ-of-error-coram-nobis Did the Second Circuit err by dismissing petitioner's appeal?
18-5647 Jeremy R. Mares v. Illinois Illinois 2018-08-20 Denied Response WaivedIFP appeal appellate-review constitutional-representation conviction criminal-procedure direct-appeal due-process felony-conviction ineffective-assistance ineffective-assistance-of-counsel property-recovery right-to-counsel sentence summary-motion Whether counsel appointed in a direct appeal from a felony conviction provides constitutionally sufficient representation where he files an unopposed …