severance

47 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5452 Dustin Sierra, aka Dustin Sierro v. United States Eighth Circuit 2024-09-04 Denied Response WaivedIFP co-defendant criminal-procedure due-process eighth-circuit kidnapping severance Whether the defendant's case should have been severed from his co-defendant brother's case and whether the government sufficiently proved kidnapping c…
24-81 The ServiceMaster Company, LLC, et al. v. Tyron Cooley Ninth Circuit 2024-07-25 Denied arbitration-severance california-supreme-court federal-arbitration-act individual-claims non-individual-claims paga paga-claims severance standing Does the Federal Arbitration Act require the complete severance of arbitrable individual PAGA claims from non-individual PAGA claims, with the individ…
23-7673 Aubrey Jiles Stanley, Jr. v. Bryan Morrison, Warden Sixth Circuit 2024-06-10 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct self-defense severance sixth-amendment witness-testimony Was trial counsel ineffective?
23A1001 Amadi Sosa v. Massachusetts Massachusetts 2024-05-09 Presumed Complete co-defendant confrontation-rights due-process perjury severance trial-procedure Whether a state court's procedural rules permitting a co-defendant to testify in a potentially perjurious manner violate a criminal defendant's due pr…
23-645 Uber Technologies, Inc., et al. v. Johnathon Gregg California 2023-12-14 Denied Amici (4)Relisted (2) arbitration california-supreme-court civil-procedure federal-arbitration-act individual-claims non-individual-claims paga paga-claims preemption severance standing Does the Federal Arbitration Act require the complete severance of arbitrable individual PAGA claims from non-individual PAGA claims, with the individ…
23-5869 Craig Martin Shults v. United States Ninth Circuit 2023-10-24 Denied Response WaivedIFP circuit-split criminal-procedure due-process judicial-standard mutually-exclusive severance standard zafiro-precedent zafiro-v-united-states Whether the Ninth Circuit's rigid 'irreconcilable and mutually exclusive' standard for severance survives this Court's decision in Zafiro v. United St…
23-5668 Maurice Bellamy v. United States District of Columbia 2023-09-28 Denied Response WaivedIFP appellate-review constitutional-vagueness count-severance criminal-indictment criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process indictment joinder severance trial-court-discretion Whether the trial court erred when it denied defendant's repeated motions to sever counts in the indictment
22-6563 Jaquain Young v. United States Ninth Circuit 2023-01-18 Denied Response WaivedIFP complete-defense confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-admissibility federal-rules-of-evidence judicial-discretion right-to-present-defense severance witness-recantation Whether the district court erred in excluding witness Tierra Lewis's out-of-court identification of codefendant Esau Ferdinand under FRE 403, thereby …
22-6553 Esau Ferdinand v. United States Ninth Circuit 2023-01-18 Denied Response WaivedIFP 18-usc-1962(d) criminal-procedure enterprise-affairs enterprise-liability federal-rule-criminal-procedure-14(a) joint-trial personal-participation prosecutorial-discretion rico-conspiracy severance For RICO conspiracy liability, must the defendant agree to personally further the enterprise's affairs?
22-6174 Porfirio Duarte-Herrera v. Brian Williams, Warden, et al. Ninth Circuit 2022-11-30 Denied Response WaivedIFP co-defendant-severance constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-instructions ninth-circuit-review severance suppression-of-evidence trial-procedure Did the Ninth Circuit err in denying Mr. Duarte-Herrera's claims of constitutional violations regarding his defense, jury instructions, and failure to…
22-5992 Andre Jenkins v. United States Second Circuit 2022-11-04 Denied Response WaivedIFP circumstantial-evidence criminal-conviction criminal-procedure due-process joint-defense motion-for-acquittal severance trial-procedure witness-credibility Sufficiency-of-evidence
21-8204 Reginald Brown v. United States Eleventh Circuit 2022-06-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process forfeiture ineffective-counsel pro-se pro-se-representation right-to-counsel severance sixth-amendment Whether the district court erred by denying the motions for severance?
21-7289 Katrina Brown v. United States Eleventh Circuit 2022-03-07 Denied Response WaivedIFP closing-argument criminal-procedure fair-trial judicial-error motion-for-severance prejudice right-to-counsel severance standby-counsel whether-the-district-court-committed-error-by-ordering-the-defendant-to-go-forward-with-closing-argument-without-standby-counsel
21-988 Marla Crawford v. Henrico County Public School Board, et al. Fourth Circuit 2022-01-12 Denied Response WaivedRelisted (2) civil-procedure civil-rights constitutional-claim due-process en-banc-review governmental-immunity procedural-severance rehearing-en-banc section-1983 severance standing supplemental-jurisdiction Did the Appeals Court of the Fourth Circuit error by refusal to pole the rehearing en bac and affirming the US District Court not to sever to Dr. Marl…
21-6691 Aaron Hicks v. United States Second Circuit 2021-12-22 Denied Response WaivedIFP acquitted-conduct conflict-of-interest counsel-representation criminal-procedure double-jeopardy issue-preclusion joint-trials right-to-counsel severance When a co-defendant is represented by counsel who previously represented the defendant, thereby creating an actual conflict of interest, may a court c…
21-911 Dan V. Sharp v. United States Fifth Circuit 2021-12-21 Denied Response Waived confrontation-clause constructive-possession criminal-procedure double-jeopardy due-process firearms-offense ineffective-assistance joinder motion-to-suppress severance Whether the Court erred in failing to sever the counts by date
21-6505 Bryan Bostick v. United States District of Columbia 2021-12-03 Denied Response WaivedIFP constitutional-rights juror-impartiality jury-bias remmer severance sixth-amendment trial-court voir-dire Was appellant deprived of a meaningful opportunity to demonstrate jury bias after his Sixth Amendment safeguards were violated when the trial court de…
21-6011 Robert Leslie Stencil v. United States Fourth Circuit 2021-10-20 Denied Response WaivedIFP adversarial-defendant clean-energy criminal-procedure defendant-prejudice due-process fraud-intent prejudice severance trial-severance Whether due process is violated when a trial court denies a motion to sever the trial, resulting in prejudice to petitioner
21-5541 Dan Kenny Delva v. United States Eleventh Circuit 2021-08-31 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel joint-trial right-to-counsel severance sixth-amendment trial-severance Whether Mr. Delva was denied effective assistance of counsel
21-150 The Texas Brandon Corporation, Inc., et al. v. EOG Resources, Inc., et al. Texas 2021-08-03 Denied Response Waived civil-procedure corporate-dispute district-court due-process judicial-misconduct oil-and-gas-rights severance standing summary-judgment trespassing trial-court Does Russell Wilson, the judge of the 218th District Court of Karnes County, Texas, list the objections, stated by John R. Chiles IV, and Ronald Wilso…
20-7029 Odell Kinard, Jr. v. United States Ninth Circuit 2021-02-03 Denied Response WaivedIFP constitutional-rights continuance multi-defendant severance sixth-amendment speedy-trial statutory-rights trial-delay Does Petitioner sacrifice his Sixth Amendment and statutory rights to a speedy trial by the District Court's repeated denial of his motion to sever hi…
20-6913 Terry Smith v. Darrel Vannoy, Warden Fifth Circuit 2021-01-25 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-review severance speedy-trial standing state-constitution Whether Petitioner has standing to bring his claims of speedy trial and due process rights
20-6782 Juan Carlos Guadron-Rodriguez v. United States Fourth Circuit 2021-01-05 Denied Response WaivedIFP cellular-communication civil-procedure criminal-joinder extortion-conspiracy gang-related-crime interstate-facilities joinder prejudice severance travel-act Whether federal joinder laws permit the expansive joinder of two unrelated cases with no factual commonality apart from one defendant's involvement in…
20-6684 Daniel Todd Silveria v. California California 2020-12-22 Denied IFP 8th-amendment capital-case due-process joint-trial mitigating-evidence severance May a court exclude significant mitigating evidence in a capital case by joining two codefendants in a single trial before a single jury?
20-728 adidas AG v. Nike, Inc. Federal Circuit 2020-11-25 Denied 5-usc-7513 administrative-law appointments-clause constitutional-law inferior-officers judicial-review patent-judges principal-officers severance statutory-interpretation us-patent-and-trademark-office Whether administrative patent judges are principal or inferior officers under the Appointments Clause
20-5239 Junior Griffin v. United States Second Circuit 2020-07-31 Denied Response WaivedIFP bad-faith criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure government-misconduct joinder severance Whether courts must consider allegations of 'bad faith' by the government when deciding motions to join counts pursuant to Fed. R. Crim. P. 8(a), or m…
19-1458 Arthrex, Inc. v. Smith & Nephew, Inc., et al. Federal Circuit 2020-07-06 Judgment Issued Amici (2)Relisted (2) administrative-judges administrative-law administrative-patent-judges appointments-clause congress due-process executive-review independence judicial-remedy patent separation-of-powers severance tenure tenure-protection Whether the court of appeals' severance remedy is consistent with congressional intent, where Congress has long considered tenure protections essentia…
19-1459 Polaris Innovations Limited v. Kingston Technology Company, Inc., et al. Federal Circuit 2020-07-06 GVR Amici (2)Relisted (3) 35-usc-311 administrative-patent-judges appointments-clause civil-service-protections congressional-intent constitutional-remedy ipr-statute patent-law severance statutory-interpretation tenure-protections Whether severance of the tenure protections for Administrative Patent Judges ('APJs) was unavailable to the Arthrex court to remedy the violation of t…
19-8757 George W. Gibbs v. Robert LeGrand, Warden, et al. Ninth Circuit 2020-06-19 Denied Response WaivedIFP charge-severance child-sex-assault clearly-erroneous counsel-error criminal-procedure drug-counts ineffective-assistance ineffective-assistance-of-counsel ninth-circuit-review prejudice prejudicial-joinder severance Whether the Ninth Circuit's rejection of Gibbs's ineffective assistance of counsel claim was clearly erroneous
19-8279 Jeffrey LaGasse v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-04-16 Denied Response WaivedRelisted (2)IFP amendment-violation certificate-of-appealability civil-rights constitutional-rights due-process equal-protection ex-post-facto plea-bargaining police-misconduct severance Did the 11th Circuit Court of Appeals by-pass the petitioner's 5th, 6th and 14th Amendment rights by denying his petition for Certificate of Appealabi…
19-8222 Steven Mason v. United States District of Columbia 2020-04-08 Denied Response WaivedIFP brady brady-violation criminal-procedure disclosure due-process exculpatory exculpatory-evidence impeachment jury-prejudice prosecutorial-misconduct severance trial-severance Whether the lower courts erred in finding that the Government's late disclosure of exculpatory and impeaching information did not prejudice the defend…
19-8015 Gabriel Cruz v. United States Eleventh Circuit 2020-03-18 Denied Response WaivedIFP bruton-rule co-defendant-statement codefendant-statement confrontation-clause criminal-appeal criminal-procedure eleventh-circuit non-testimonial non-testimonial-statement severance Whether the United States Court of Appeal Eleventh Circuit erred in finding that the Bruton rule does not mandate a severance when a non-testifying co…
19-7539 Shamir Kane v. United States Third Circuit 2020-02-04 Denied Response WaivedIFP criminal-indictment criminal-procedure criminal-procedure-joinder federal-rules-of-criminal-procedure federal-rules-of-evidence hobbs-act joinder severance witness-tampering Did the Court of Appeals err in upholding the District Court's joinder of counts related to one Hobbs Act robbery and witness tampering with unrelated…
19-7513 Omar Smith v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2020-02-03 Denied IFP 6th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing severance suppression-of-evidence trial-procedure trial-severance virginia-supreme-court witness-testimony Whether the Virginia Supreme Court erred in its rulings on ineffective assistance of counsel claims
19-6808 Phillip E. Smith v. Collins, First Name Unknown, et al. Ninth Circuit 2019-12-03 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability cumulative-error due-process fourteenth-amendment insufficient-evidence miller-el-v-cockrell ninth-circuit severance sixth-amendment slack-v-mcdaniel trial-severance video-evidence Did the Ninth Circuit err in denying a certificate of appealability?
19-6595 Raymond Tavelle Holmes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-13 Denied IFP cell-phone civil-procedure civil-procedure-28-usc-636 due-process fair-trial florida-statute-934.23 fourteenth-amendment fourth-amendment ineffective-counsel inevitable-discovery magistrate-judge objection procedural-error report-and-recommendation search-and-seizure severance similar-fact-evidence sixth-amendment standing third-party warrantless-search Whether the failure to sever counts deprived the P Whether the warrantless search and seizure of text williams-rule Whether the Magistrate Judge failed to file a report and recommendation as required, depriving the Petitioner the opportunity to file a written object…
19-5545 Todd Allen Wheeler v. Michigan Michigan 2019-08-09 Denied IFP 14th-amendment 6th-amendment due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plain-error severance sixth-amendment trial-joinder Whether Mr. Wheeler was denied his constitutional right to due process and effective assistance of counsel
18-9792 Charles Mensah v. United States Fourth Circuit 2019-06-27 Denied Response WaivedIFP character-evidence conspiracy due-process fifth-amendment severance witness-bolstering Does the trial court's refusal to grant a conspiracy defendant severance violate the Due Process Clause of the Fifth Amendment when the Government's c…
18-8054 Michael Kenneth Young v. United States Fourth Circuit 2019-02-21 Denied Response WaivedIFP 4th-amendment crack-cocaine-seizure criminal-procedure criminal-procedure-joinder fair-trial firearm-seizure fourth-amendment joinder motion-to-suppress probable-cause search-and-seizure severance traffic-stop Did the Fourth Circuit Court of Appeals err in upholding the denial of Petitioner Michael Young's motion to sever his unrelated charges arising out of…
18-7651 Eric Steve Anderson v. California California 2019-01-29 Denied IFP antagonistic-defenses conspiracy constitutional-rights criminal-procedure fair-trial jury jury-trial severance severance-motion Did this trial court's denial of petitioner's severance motion as to co-defendant and its subsequent acquittal of co-defendant on the conspiracy charg…
18-6746 Joseph Haymore, et al. v. United States Ninth Circuit 2018-11-21 Denied Response WaivedIFP appeals appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure judicial-precedent severance severance-motion waiver waiver-rule Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review
18-6593 Sigifredo Molina-Varela v. United States Tenth Circuit 2018-11-07 Denied Response WaivedIFP constitutional-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel motion-for-severance prejudice prejudicial-error right-to-counsel severance sixth-amendment Did the defense counsel's failure to file a motion for severance create a significant prejudice against the petitioner thereby constituting ineffectiv…
18-6434 Craig Martin Shults v. United States Ninth Circuit 2018-10-25 Denied Response WaivedIFP appeals appellate-review civil-procedure criminal-procedure due-process federal-rules-of-criminal-procedure ninth-circuit precedent rule-52(b) severance severance-motion waiver waiver-rule Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review
18-421 Jose Luis Cepeda-Cortes v. United States Fifth Circuit 2018-10-03 Denied Response Waived co-defendant criminal-procedure extraneous-criminal-acts federal-rules-of-criminal-procedure joint-trial jury-reliability prejudice rule-14a severance spill-over-effect zafiro-v-united-states Does a fair and consistent application of Rule 14(a) require this Court to re-examine its decision in Zafiro and clarify the factors to be considered …
18-6186 Alvin Gaitan Benitez, aka Pesadilla, aka Lil Pesadilla, aka Lil Tuner, aka Tooner, aka Lil Tunnel v. United States Fourth Circuit 2018-10-02 Denied Response WaivedIFP antagonistic-defense antagonistic-defenses codefendant criminal-procedure due-process fair-trial interstate-commerce jurisdiction jurisdictional-element motion-for-severance severance Whether the circuit court erred in affirming the denial of a motion for severance
18-5527 Jesus Alejandro Chavez, aka Chuy v. United States Fourth Circuit 2018-08-09 Denied Response WaivedIFP brady-violation case-severance criminal-procedure due-process fourth-circuit-review joinder materiality materiality-standard new-trial prejudice severance substantial-defense Whether the Fourth Circuit erred in finding that the alleged Brady violation was not material
18-5007 David Lemoe Tua v. California California 2018-07-02 Denied Response WaivedIFP criminal-procedure due-process fair-trial gang-enhancement insufficient-evidence prosecutorial-misconduct severance sufficiency-of-evidence trial-severance Whether the state court's refusal to sever petitioner's trial from that of his codefendant and refusal to sever the gang enhancement allegations viola…