sentencing-hearing

30 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-127 Jonathan F. Ball v. United States District Court for the District of Maryland Fourth Circuit 2025-08-01 Denied Response Waived crime-victims-rights-act due-process legal-duties retaliation sentencing-hearing victim-status 1. Where a person moves to assert a victim's rights under the Crime Victims' Rights Act, 18 U.S.C. § 3771 ("CVRA"), and is invited by the Government t…
24-6460 Jonathan Mason v. United States Seventh Circuit 2025-02-03 Denied Response WaivedIFP bias-testimony confrontation-clause role-facilitation sentencing-hearing sixth-amendment witness-testimony Can a bias witness testimony, made during a bench trial in an unrelated case be admitted for its truth at Petitioner's sentencing hearing, to support …
24-5278 Mark Manuel Angeles Marino v. United States Eleventh Circuit 2024-08-08 Denied Response WaivedIFP fifth-amendment fourth-amendment probable-cause search-warrant self-incrimination sentencing-hearing Whether a defendant's Fifth Amendment privilege against self-incrimination was violated by drawing an adverse inference from silence at a sentencing h…
23A627 Byron James Shepard v. Oklahoma Oklahoma 2024-01-08 Presumed Complete continuing-threat death-penalty eighth-amendment fair-trial fourteenth-amendment sentencing-hearing Whether the Eighth and Fourteenth Amendments permit the imposition of a death sentence based on vague and overly broad continuing threat testimony tha…
23A557 William Newkirk v. Florida Florida 2023-12-15 Presumed Complete constitutional-rights criminal-procedure due-process fundamental-error life-sentence sentencing-hearing Whether a trial court's failure to conduct a sentencing hearing and permit allocution violates a defendant's constitutional due process rights when im…
22-7804 Ricky Simmonds v. United States Sixth Circuit 2023-06-16 Denied Response WaivedIFP breach-of-contract constitutional-law contract-law criminal-procedure district-court due-process offense-level plea-agreement sentencing sentencing-hearing Whether the United States breaches a negotiated plea agreement
22-7277 Genard Alonzo Toney v. United States Eighth Circuit 2023-04-13 Denied Response WaivedIFP constitutional-rights criminal-conviction discovery due-process essential-element ineffective-assistance judicial-review plea-bargaining prosecutorial-misconduct sentencing-hearing trial-integrity Whether defendant received ineffective assistance of counsel
22-6149 Edgar Arellano v. California California 2022-11-23 Denied IFP assistance-of-counsel constitutional-rights criminal-justice-reform effective-assistance-of-counsel fourteenth-amendment mitigating-evidence senate-bill-1333 sentencing sentencing-hearing sixth-amendment Whether a re-sentencing hearing under the new First Step Act entitles a defendant to the right to effective assistance of counsel under the Sixth and …
22-6017 Reginald Eugene Grimes, Sr. v. United States Eleventh Circuit 2022-11-08 Dismissed Response WaivedRelisted (2)IFP certificate-of-appealability criminal-procedure due-process eleventh-circuit false-testimony perjury plain-error prosecutorial-misconduct sentencing sentencing-hearing Did the Eleventh Circuit commit error in denying a COA for government misconduct, perjured testimony, and sentencing violations?
22-5692 Kyle Brandon Rocha v. West Virginia West Virginia 2022-09-27 Denied Response WaivedIFP beyond-a-reasonable-doubt confrontation confrontation-clause constitutional-rights due-process hearsay hearsay-evidence reasonable-doubt sentencing sentencing-hearing standard-of-proof Is it a violation of a defendant's rights to due process of law and confrontation for a Court to make a finding in a sentencing hearing based solely o…
22-5103 Chico Jermell Carraway v. United States Third Circuit 2022-07-13 Denied Response WaivedIFP 2255-motion 28-usc-2255 evidentiary-hearing ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 rule-11-procedure sentencing sentencing-hearing Whether a defendant is entitled to an evidentiary hearing under 28 U.S.C. § 2255(b) to prove prejudice from an unkept promise of counsel concerning se…
21-8256 Ortaz Sharp v. United States Eleventh Circuit 2022-06-28 Denied Response WaivedIFP appeal appellate-procedure due-process government-abandonment government-appeal judicial-discretion party-presentation sentencing sentencing-hearing sineneng-smith statutory-interpretation Whether a court of appeals violates the party-presentation principle
21-6559 George Russell Kayer v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-12-08 Denied IFP capital-murder competency-determination direct-appeal due-process habeas-corpus ineffective-assistance-of-counsel mitigation-specialist sentencing-hearing trial-counsel Whether a state court's decision on direct appeal is based on an unreasonable determination of facts when it concludes that a defendant refused to coo…
20-8208 Ashanti Lusby v. Illinois Illinois 2021-06-02 Denied Response WaivedIFP eighth-amendment juvenile-sentencing life-without-parole miller-factors miller-v-alabama montgomery-v-louisiana retroactive-application retroactivity sentencing-hearing How to determine when a juvenile sentenced to life in prison without parole or its functional equivalent prior to Miller v. Alabama is entitled to a n…
20-6687 William James Jonas, III v. United States Fifth Circuit 2020-12-23 Denied Response WaivedIFP court-appointed-counsel due-process fifth-circuit pro-se right-to-counsel sentencing sentencing-hearing sixth-amendment substitute-counsel Whether the Fifth Circuit Court of Appeals erred in holding that the district court did not violate Petitioner William James Jonas, III's right to cou…
20-531 Derek Hutter v. United States Fifth Circuit 2020-10-21 Denied Response Waived 28-usc-2253 appellate-review certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-hearing Whether the court of appeals improperly denied the Petitioner a certificate of appealability
20-6041 Raymond Lewis Perry v. United States Fourth Circuit 2020-10-15 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-procedure criminal-sentencing due-process equal-protection first-stage-proceeding robbery sentencing sentencing-hearing statutory-interpretation Whether Vekimoner Peseuy's sentence was properly corrected under the First Step Act
20-5704 Leonard Borden v. United States Fifth Circuit 2020-09-15 Denied Response WaivedIFP burden-of-proof co-conspirator-testimony criminal-procedure due-process factual-statements guideline-application preponderance-of-evidence presentence-report sentencing-guidelines sentencing-hearing does a defendant have an obligation to prove the facts in the PSR are inaccurate or untrue after the defendant objects to the factual statements and t…
20-5677 In Re Jimmy Wren 2020-09-11 Denied IFP access-to-courts constitutional-rights cruel-and-unusual-punishment due-process ex-post-facto habeas-corpus motion-to-rehear sentencing sentencing-hearing successive-habeas-corpus Whether 28 USC §2244 deprives similar-situated-litigants of due-process
19-8591 Frederick Pennington, Jr. v. Dexter Payne, Director, Arkansas Division of Correction, et al. Eighth Circuit 2020-06-04 Denied Response WaivedIFP discovery-motions exonerating-evidence habeas-corpus juvenile-jurisdiction new-evidence post-conviction-relief post-conviction-remedies prosecutorial-misconduct sentencing sentencing-hearing Question not identified
19-7862 Wesley Paul Coonce, Jr. v. United States Eighth Circuit 2020-03-03 Denied Relisted (4)IFP atkins-v-virginia capital-punishment confrontation-clause eighth-amendment equal-protection fifth-amendment intellectual-disability moral-culpability sentencing-hearing Whether the execution of a defendant with intellectual disability that arose after age 18 violates the Eighth and Fifth Amendments
19-7070 Gary R. Tomey, II v. United States Eleventh Circuit 2019-12-27 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process fifth-amendment indictment jury-instructions material-variance self-incrimination sentencing sentencing-hearing Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its del…
19-6957 Venise Metayer v. Florida Florida 2019-12-16 Denied IFP constitutional-rights double-jeopardy due-process fair-trial fifth-amendment fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-hearing Did the trial/lower court create a manifest injustice when it allowed the petitioner to plea to charges that violated double-jeopardy laws, when the t…
19-6006 Nicholas Wilkerson v. Alabama Alabama 2019-09-19 Denied Response RequestedRelisted (2)IFP 8th-amendment constitutional-rights criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama rehabilitation sentencing sentencing-hearing Does the Eighth Amendment require a factual finding to determine to which class a given juvenile belongs?
19-298 Fernando Juarez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-04 Denied criminal-procedure cruel-and-unusual-punishment de-facto-life-without-parole eighth-amendment ex-post-facto ex-post-facto-clause fourteenth-amendment habeas-corpus juvenile-sentencing miller-v-alabama sentencing-hearing sentencing-law Does an automatic life-without-parole sentence for juveniles violate the Eighth Amendment?
19-5275 Richard Michael Mathisen v. United States Fourth Circuit 2019-07-22 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-relief right-to-counsel sentencing sentencing-hearing sixth-amendment Whether the district court and Fourth Circuit erred in denying Mr. Mathisen's 28 U.S.C. § 2255 motion based on ineffective assistance of counsel
18-7916 Jimmy Lee Wren v. Mississippi Mississippi 2019-02-12 Denied Response WaivedRelisted (2)IFP cruel-and-unusual-punishment due-process eighth-amendment equal-protection post-conviction-relief rule-11 rule-11-sanctions sanctions sentencing sentencing-hearing Whether the Mississippi Supreme Court erred in denying the petitioner's request to file a successive petition for post-conviction relief based on a ne…
18-5846 Dustin Xavier Wilkins, aka Dxavier Wilkins, aka Xavier Wilkins, aka Chosen Wilkins v. United States District of Columbia 2018-08-30 Denied Response WaivedIFP 6th-amendment appeal court-appointed-counsel criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sentencing sentencing-hearing Whether the petitioner should be allowed to withdraw his guilty plea based on ineffective assistance of counsel
18-5601 Jose Ramirez v. United States Fifth Circuit 2018-08-15 Denied Response WaivedIFP confrontation confrontation-right due-process federal-sentencing fifth-amendment good-cause parole probation revocation sentencing-hearing witness-confrontation Does the Fifth Amendment's Due Process Clause confer at least a limited right to confront witnesses at federal sentencing hearings absent a showing, a…
18-5349 Tyron Young v. United States Eighth Circuit 2018-07-25 Denied Response WaivedIFP confrontation-clause confrontation-right cross-examination due-process government-informant hearsay out-of-court-allegations reliability sentencing sentencing-hearing sixth-amendment unsworn-testimony Whether the Sixth Amendment right to confront and cross-examine adverse witnesses applies at a sentencing hearing where the court bases the sentence o…