sufficiency-of-evidence

304 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6581 Michael David Dunn v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2026-01-14 Pending Response WaivedIFP AEDPA criminal-procedure federal-review habeas-corpus self-defense sufficiency-of-evidence 1. What is the standard of review for a federal habeas court for analyzing a sufficiency-of-the evidence claim under the Anti-Terrorism and Effective …
25A820 Roxana Towry Russell v. Walmart Inc., a Delaware Corporation, et al. Ninth Circuit 2026-01-14 Application appellate-review copyright-infringement judicial-review rule-50 sufficiency-of-evidence unitherm-precedent While she is continuing to evaluate, Ms. Russell currently expects to present several reasons for granting a writ. One is that the Ninth Circuit's dec…
25A767 Dawaun Dupree Carson v. Tina Walker, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2026-01-02 Application brady-claim constitutional-review habeas-corpus ineffective-assistance procedural-default sufficiency-of-evidence Question not identified.
25A727 Gregory W. Pheasant v. United States Ninth Circuit 2025-12-19 Application criminal-conviction legal-test merits-briefing standard-of-review sufficiency-of-evidence supreme-court-review Question not identified.
25A692 Eliel Nunez Sanchez v. United States Ninth Circuit 2025-12-12 Application criminal-conviction direct-appeal federal-appellate ninth-circuit standard-of-review sufficiency-of-evidence Question not identified.
25-6344 Ralph Kevin Tovar v. United States Eleventh Circuit 2025-12-11 Pending Response RequestedResponse WaivedIFP commerce-clause de-novo-review internet-crime jurisdictional-element rule-29 sufficiency-of-evidence I. Whether a general challenge to the sufficiency of the evidence, pursuant to Rule 29(a), preserves for de novo review the full range of sufficiency …
25-6234 Edwin Riascos Romero v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-11-25 Denied IFP appellate-review certificate-of-appealability constitutional-claim ineffective-assistance search-and-seizure sufficiency-of-evidence 1. Whether the denial of a COA on Petitioner's sufficiency of the evidence challenge was proper? and 2. Whether the denial of a COA on Petitioner's i…
25-6135 Sonya Fuller v. Georgia Georgia 2025-11-17 Denied Response WaivedIFP aiding-and-abetting criminal-conviction due-process felony-murder jackson-standard sufficiency-of-evidence Whether a conviction for felony murder is permissible under Jackson where the prosecution presented no evidence that the defendant planned, knew about…
25-5771 Jared Wade Hinman, Sr. v. Illinois Illinois 2025-10-01 Denied Response WaivedIFP appellate-review constitutional-error criminal-procedure due-process sufficiency-of-evidence trier-of-fact 1. Did the blanket refusal, by the Appellate Court of Illinois, to 'substitute their judgement for that of the Trier of Fact ', deny an affirmative de…
25A302 Sonya Fuller v. Georgia Georgia 2025-09-16 Presumed Complete constitutional-review criminal-conviction felony-murder jackson-standard reasonable-doubt sufficiency-of-evidence Whether the standard for reviewing the sufficiency of evidence under Jackson v. Virginia permits a conviction to be upheld when the evidence is acknow…
25-5570 David Curran v. United States Third Circuit 2025-09-08 Denied Response WaivedIFP appellate-review circuit-conflict drug-conspiracy due-process standard-of-review sufficiency-of-evidence Whether the Third Circuit's standard of review of sufficiency of evidence in drug conspiracy cases is in conflict with other circuits and falls below …
25-5539 Louis Age, III v. United States Fifth Circuit 2025-09-03 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process fifth-circuit-review rule-404b sufficiency-of-evidence I. Did the Fifth Circuit erroneously apply federal law in finding that the evidence at trial was sufficient to establish the crimes beyond a reasonabl…
25-5540 Brayan Alexander Contreras-Avalos v. United States Fourth Circuit 2025-09-03 Denied Response WaivedIFP cooperator-testimony criminal-conviction evidentiary-standard prosecutorial-burden sufficiency-of-evidence witness-credibility 1. Where the Government did not introduce any physical or forensic against Mr. Contreras-Avalos, and the only evidence introduced was cooperator testi…
25A229 Allen Michael Sherrill v. Michigan Michigan 2025-08-27 Presumed Complete causation criminal-homicide due-process intent involuntary-manslaughter sufficiency-of-evidence Whether the defendant's conviction for involuntary manslaughter violated due process when the evidence was insufficient to prove beyond a reasonable d…
25-5466 Claudia C. Hoerig v. Shannon Olds, Warden Sixth Circuit 2025-08-26 Denied Response WaivedIFP criminal-rule-29 due-process habeas-corpus jackson-virginia negative-defense sufficiency-of-evidence (l)(a) Whether a Petitioner who claims that "the trial court erred in denying Petitioner's Criminal Rule-29 Motion for Acquittal for Insufficiency of …
25A171 Robert Monteiro v. United States First Circuit 2025-08-08 Application drug-conspiracy due-process evidence-admission prior-bad-acts rule-404b sufficiency-of-evidence Whether the admission of prior bad act evidence under Federal Rule of Evidence 404(b) and reliance on extra-record statements violated the defendant's…
25A145 Jeremy Baum v. Missouri Missouri 2025-08-05 Presumed Complete appellate-review criminal-procedure due-process jury-instructions sexual-trafficking sufficiency-of-evidence Whether an appellate court's affirmance of a criminal conviction on a legal ground not presented to the original jury constitutes a violation of the d…
25-5119 Steven Dwayne Rigmaiden v. Louisiana Louisiana 2025-07-16 Denied Response WaivedIFP criminal-appeal criminal-procedure louisiana-courts murder-evidence reasonable-doubt sufficiency-of-evidence WHETHER THE LOUISIANA COURT OF APPEALS AND THE LOUISIANA SUPREME COURT ERRED WHEN IT DENIED PETITIONER'S CLAIM RAISED ON DIRECT APPEAL, THAT THE EVIDE…
24A766 Aghee William Smith, II v. United States Fourth Circuit 2025-02-06 Presumed Complete conspiracy criminal-conviction fourth-circuit mail-fraud sufficiency-of-evidence wire-fraud Whether the Fourth Circuit correctly applied the standard for reviewing the sufficiency of evidence in a federal wire fraud and mail fraud conspiracy …
24-6407 Samuel Tanel Crittenden v. United States Fifth Circuit 2025-01-28 Denied Response WaivedIFP appellate-review criminal-procedure district-court fifth-circuit jury-instruction sufficiency-of-evidence Whether a conviction should be reversed and remanded for a new trial when a district court erroneously fails to give a jury instruction, despite suffi…
24-6393 Shamichael Antonio Pearson v. Louisiana Louisiana 2025-01-27 Denied IFP criminal-procedure criminal-standard-of-proof identity-evidence jackson-v-virginia reasonable-doubt sufficiency-of-evidence Whether the evidence was sufficient under Jackson v. Virginia to prove beyond a reasonable doubt Mr. Pearson's identity as the perpetrator
24A591 Fernando Lopez-Armenta v. United States Ninth Circuit 2024-12-17 Presumed Complete criminal-conviction drug-statute federal-statute jury-instructions ninth-circuit sufficiency-of-evidence Whether the Ninth Circuit Court of Appeals correctly applied the legal standard for reviewing criminal convictions under federal drug and firearms sta…
24A482 James Timothy Norman v. United States Eighth Circuit 2024-11-14 Presumed Complete criminal-conviction eighth-circuit legal-standard procedural-review sufficiency-of-evidence writ-of-certiorari Whether the Eighth Circuit Court of Appeals correctly applied the legal standard for reviewing a criminal conviction involving alleged evidentiary err…
24-5963 Cameron Davon Wright v. James R. Schiebner, Warden Sixth Circuit 2024-11-13 Denied Response WaivedIFP aiding-and-abetting brecht-standard constitutional-error jury-verdict sufficiency-of-evidence trial-procedure Whether the lower court misapplied Brecht v. Abrahamson standard by using an incorrect sufficiency of evidence test that denied fundamental justice in…
24-478 Omnisun Azali v. Ohio Ohio 2024-10-30 Denied Amici (1)Response Waived appellate-review burden-of-proof constitutional-rights criminal-procedure self-defense sufficiency-of-evidence Does express statutory permission to act in self-defense trigger Sixth and Fourteenth Amendment protections requiring prosecutors to prove beyond a re…
24A174 Omnisun Azali v. Ohio Ohio 2024-08-14 Presumed Complete burden-of-proof criminal-procedure fourteenth-amendment self-defense sixth-amendment sufficiency-of-evidence Whether the Sixth and Fourteenth Amendments require the State to prove beyond a reasonable doubt that a defendant was not acting in lawful self-defens…
24-5220 Christopher L. Smith v. Ohio Ohio 2024-08-05 Denied IFP civil-procedure-joinder confidential-informant constitutional-rights criminal-procedure due-process fair-trial prejudicial-joinder probable-cause rules-of-evidence search-warrant sufficiency-of-evidence Whether prejudicial joinder of unrelated counts violates the right to a fair trial,
24A80 Steven Cuellar v. Randy Grounds, Warden Ninth Circuit 2024-07-23 Presumed Complete criminal-procedure due-process gang-enhancement juvenile-justice sentencing-enhancement sufficiency-of-evidence Whether a state criminal trial court's finding of a juvenile defendant's gang membership, unsupported by sufficient evidence, violates the defendant's…
23-7782 Jake Paul Heiney v. Heidi E. Washington Sixth Circuit 2024-06-24 Denied Response WaivedIFP brady-violations certificate-of-appealability confrontation-clause cross-examination-limitations expert-witness habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence medical-malpractice-defense
23-7762 Christopher McPherson v. United States Fourth Circuit 2024-06-20 Denied Response WaivedIFP criminal-procedure-appeal drug-trafficking felon-in-possession firearm-possession fourth-circuit-review plain-error-standard rehaif-test sentencing sentencing-discretion sufficiency-of-evidence Whether the Fourth Circuit erred in upholding the convictions on Count V and Count IV
23A1117 Kevin Fahrni v. United States District Court for the Eastern District of Texas Fifth Circuit 2024-06-17 Presumed Complete criminal-conviction due-process habeas-corpus mandamus section-2254 sufficiency-of-evidence Whether a state prisoner can obtain federal habeas relief when state and federal courts allegedly failed to address the merits of a potentially merito…
23-7725 Jimmie Lee Walton v. United States Fifth Circuit 2024-06-14 Denied Response WaivedIFP abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence Did Walton receive effective assistance of counsel?
23-7654 Tildren Sherron Hunter v. United States Fourth Circuit 2024-06-06 Denied Response WaivedIFP appellate-standard criminal-evidence criminal-law drug-crimes evidence fourth-circuit-review intent intent-to-distribute jury-verdict methamphetamine-possession standard-of-review sufficiency-of-evidence Whether the Fourth Circuit improperly upheld Mr. Hunter's conviction of possession with intent to distribute methamphetamine
23-7620 Donald Kie, Jr. v. Garrett, Warden Ninth Circuit 2024-06-03 Denied IFP certificate-of-appealability criminal-conviction due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-bargaining sixth-amendment sufficiency-of-evidence sufficient-evidence Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability
23A1073 Jeremiah Wooden v. Massachusetts Massachusetts 2024-05-31 Presumed Complete constitutional-law criminal-procedure double-jeopardy fifth-amendment retrial sufficiency-of-evidence Whether the Double Jeopardy Clause permits a retrial when a change in law renders the original trial evidence insufficient to support a conviction
23-7560 David Darnell Whitehead v. United States Fourth Circuit 2024-05-24 Denied Response WaivedIFP alien-smuggling border-crossing criminal-intent criminal-procedure designated-port-of-entry illegal-immigration immigration-law mens-rea port-of-entry statutory-interpretation sufficiency-of-evidence Whether the petitioner's conduct constituted bringing aliens to or entering the United States at a place other than a designated port of entry, and wh…
23-7537 Mike Austin Anderson v. United States Fifth Circuit 2024-05-22 Denied Response WaivedIFP appeal criminal-procedure criminal-trial due-process judicial-procedure jury-instructions jury-verdict motion-to-revoke recusal-motion standard-of-review sufficiency-of-evidence Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return a guilty verdic…
23-1218 Alfredo Navarro Hinojosa v. United States Fifth Circuit 2024-05-16 Denied Response Waived burden-of-proof circuit-split direct-appeal evidentiary-hearing harmless-error ineffective-assistance kotteakos-v-united-states preserved-nonconstitutional-errors sixth-amendment sufficiency-of-evidence Does the Fifth Circuit's harmless-error standard conflict with this Court's harmless-error standard?
23A1014 Noel Bender v. Iowa Department of Corrections, et al. Eighth Circuit 2024-05-15 Presumed Complete criminal-conviction due-process federal-habeas habitual-offender ineffective-assistance sufficiency-of-evidence Whether the Due Process Clause requires reversal of a criminal conviction where the state court's adjudication was allegedly contrary to or involved a…
23-7445 Lloyd Kidd v. United States Second Circuit 2024-05-09 Denied Response WaivedIFP appeal criminal-procedure district-court-discretion due-process electronic-evidence jurisdiction motion-to-suppress sufficiency-of-evidence summary-charts venue venue-challenge Was there legally insufficient evidence to establish that venue was proper in the Southern District of New York for each count of conviction?
23-7339 Philip Shane Young v. Texas Texas 2024-04-30 Denied IFP appeal criminal-procedure deadly-weapon evidence-sufficiency jury-finding jury-instructions standard-of-review sufficiency-of-evidence Is the evidence sufficient to sustain the jury's finding that a deadly weapon was used?
23-6679 Quaysean Tikii Williams v. Oklahoma Oklahoma 2024-02-06 Denied IFP conspiracy criminal-procedure due-process evidence firearm jackson-v-virginia robbery sufficiency-of-evidence Whether the Oklahoma Court of Criminal Appeals determination that there was sufficient evidence to support petitioner's conviction for conspiracy to c…
23-6630 Terry L. Terry v. Tim Hooper, Warden Fifth Circuit 2024-01-31 Denied Response WaivedIFP criminal-conviction criminal-procedure due-process jackson-v-virginia molestation sexual-assault statutory-interpretation sufficiency-of-evidence victim-testimony Did the state court unreasonably apply Jackson v. Virginia when it determined that evidence presented at trial was sufficient to sustain Terry's convi…
23-6599 Devon Blevins v. United States Tenth Circuit 2024-01-29 Denied Response WaivedIFP 18-usc-1 appellate-review criminal-conviction criminal-procedure first-degree-murder insufficiency-of-evidence jackson-v-virginia standard-of-review sufficiency-of-evidence Whether the court of appeals failed to correctly apply the standard of review for claims of insufficiency of evidence to support conviction of a crime…
23-6588 Aaron Ramirez Espinoza v. United States Ninth Circuit 2024-01-26 Denied Response WaivedIFP co-conspirator conspiracy criminal-evidence criminal-law due-process evidence government-informant sufficiency-of-evidence testimony witness-testimony Whether a government informant and co-conspirators testimony of another's involvement in the conspiracy is sufficient evidence to sustain a conviction…
23-6446 William Riley Gaul v. Tennessee Tennessee 2024-01-09 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy judicial-relief jury-instructions jury-verdict logical-inconsistency multiple-count-presentment mutually-exclusive-verdicts powell-v-texas sufficiency-of-evidence Whether a jury's positive finding of guilt in one count of a multiple count presentment is mutually exclusive from its illogical, but positive finding…
23A632 Carlos Guardado v. Massachusetts Massachusetts 2024-01-09 Presumed Complete criminal-procedure double-jeopardy legal-development retrial second-amendment sufficiency-of-evidence Whether the Double Jeopardy Clause permits a retrial when the record from a first trial is insufficient to support a conviction based on a legal devel…
23-6358 Devadrick Markevin Booker v. United States Fifth Circuit 2023-12-27 Denied Response WaivedIFP criminal-procedure criminal-trial due-process jury-instructions prosecutorial-evidence reasonable-doubt standard-of-review sufficiency-of-evidence Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return guilty verdicts…
23-6342 Ya-Sin El-Amin Shakir v. Tina Walker, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2023-12-26 Denied IFP appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-review jury-finding mental-health sufficiency-of-evidence Whether a court may uphold a conviction where the record demonstrates insufficient evidence to support the finding of guilt
23-650 Laura Jordan and Mark Jordan v. United States Fifth Circuit 2023-12-15 Denied Response RequestedResponse WaivedRelisted (3) alternative-theory appellate-review constitutional-error criminal-procedure due-process harmless-error jury-instructions structural-error sufficiency-of-evidence Whether an appellate court's harmless-error analysis must decline to find constitutional alternative theory error harmless
23-6179 Anibal Miranda-Montanez v. United States First Circuit 2023-12-06 Denied Response WaivedIFP appellate-review case-review criminal-procedure due-process judicial-review jury-instructions legal-sufficiency procedural-challenge standard-of-review sufficiency-of-evidence trial-evidence verdict-challenge Whether the evidence was insufficient for the verdict to stand
23-6141 Arthur Grady v. Charles Truitt, Warden Seventh Circuit 2023-11-30 Denied Response WaivedIFP criminal-procedure ineffective-assistance-of-counsel jackson-v-virginia jury-instructions special-verdict strickland-v-washington sufficiency-of-evidence united-states-v-powell Does United States v. Powell prevent a court from reviewing—and giving effect to—a jury's special verdict finding when that finding negates the sole t…
23-6037 Stephanie N. Torres v. Molly Hill, Acting Warden Ninth Circuit 2023-11-17 Denied Response WaivedIFP 28-usc-2254 aedpa attempted-murder habeas-corpus state-court-record sufficiency-of-evidence When may a federal court bypass a state court's factual findings and rely on the state court record to adjudicate a habeas petitioner's claims?
23-6001 Kenric Lavaughn Jackson, Sr. v. Texas Texas 2023-11-14 Denied Response WaivedRelisted (2)IFP actual-innocence capital-murder constitutional-rights criminal-procedure due-process eighth-amendment evidentiary-hearing fourteenth-amendment habeas-corpus sufficiency-of-evidence texas-law Whether the Texas Court of Criminal Appeals erred in denying petitioner's application for a writ of habeas corpus, where the evidence presented at tri…
23-5935 Michael Ray Thomas v. Adam Douglas, Warden Sixth Circuit 2023-11-01 Denied IFP appellate-review civil-rights criminal-procedure due-process first-amendment ineffective-assistance judicial-discretion prosecutorial-misconduct standing sua-sponte-appointment sufficiency-of-evidence Whether a court of appeals may force a petitioner to proceed on appeal without the assistance of counsel after a district court ordered the appointmen…
23-5645 Robert Eugene Stallings v. United States Fifth Circuit 2023-09-26 Denied Response WaivedIFP constitutional-challenge counterman-precedent criminal-intent criminal-procedure due-process first-amendment harmless-error jury-instruction jury-instructions procedural-error statutory-interpretation sufficiency-of-evidence Whether 18 U.S.C. §1038(a) requires proof of intent to make a reasonably believable threat
23-5654 Daquail Ramon Johnson v. Virginia Virginia 2023-09-26 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review sufficiency-of-evidence virginia Whether Virginia's standard of review for appellate claims of insufficient evidence of a criminal conviction violates the Due Process Clause as interp…
23-5554 Cameron L. Hickman v. United States Fifth Circuit 2023-09-12 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process jury-instructions prosecutorial-burden reasonable-doubt sexual-assault standard-of-review sufficiency-of-evidence Whether the prosecution presented sufficient evidence at trial to establish the elements of the alleged crime
23-5334 Mario Iglesias-Villegas v. United States Fifth Circuit 2023-08-10 Denied Response WaivedIFP criminal-procedure direct-appeal due-process evidence grand-jury-transcripts habeas-corpus jackson-standard reasonable-doubt rule-6e sufficiency-of-evidence Whether a federal court of appeals reviewing a defendant's direct-appeal challenge to the sufficiency of the evidence supporting his conviction must a…
23-5289 Willie Seth Crain, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-08-04 Denied IFP appellate-review constitutional-rights criminal-procedure due-process evidence-sufficiency fourteenth-amendment ineffective-assistance pleadings sixth-amendment sufficiency-of-evidence Is it a violation of the Fourteenth Amendment right to Due Process to allow a conviction to stand where some of the elements of the crime were not est…
23-5266 Mantell Alabi Stevens v. United States Sixth Circuit 2023-08-02 Denied Response WaivedIFP circuit-split controlled-substance criminal-conviction criminal-law drug-distribution due-process jury-instructions reasonable-doubt sentencing sentencing-enhancement sufficiency-of-evidence Can a court send a case to the jury when the evidence is only sufficient to give them a choice between probabilities instead of being sufficient to pr…
23-5063 Bradley M. Cox v. United States Seventh Circuit 2023-07-10 Denied Response WaivedIFP compulsory-process constitutional-rights criminal-procedure due-process federal-criminal-procedure interstate-commerce interstate-nexus judgment-of-acquittal motion-for-judgment-of-acquittal sufficiency-of-evidence threat-of-damage Question not identified
23-5030 Nygel Dejon Freeman v. United States Fifth Circuit 2023-07-05 Denied Response WaivedIFP appeal constitutional-provisions court-of-appeals criminal-procedure due-process judicial-review legal-evidence reasonable-doubt rule-29 statutory-provisions sufficiency-of-evidence Whether the District Court and Court of Appeals erred in denying Mr. Freeman's Rule 29 motion due to insufficient evidence to prove guilt beyond a rea…
23-5024 Walter Charles Link v. Texas Texas 2023-07-03 Denied IFP burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-proceedings sufficiency-of-evidence texas-law Did the State of Texas err in failing to prove its Brooks' notice allegations beyond a reasonable doubt?
22-7906 Lamar McDonald v. United States Fifth Circuit 2023-06-29 Denied Response WaivedIFP apprendi-standard criminal-procedure due-process fifth-amendment sentencing sixth-amendment statutory-interpretation sufficiency-of-evidence void-for-vagueness Is Apprendi v. New Jersey Still Good Caselaw?
22-7859 Timothy Sumpter v. Kansas Tenth Circuit 2023-06-23 Denied Response WaivedIFP due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis state-post-conviction strickland strickland-standard sufficiency-of-evidence Is it contrary to the clearly established Strickland standard to assess the prejudice from trial counsel's ineffective assistance of counsel for her f…
22-7847 Colum Patrick Moran v. United States Eleventh Circuit 2023-06-22 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-conviction criminal-procedure due-process insufficient-evidence judicial-precedent plain-error precedent standard-of-review statutory-interpretation sufficiency-of-evidence Whether a conviction predicated on insufficient evidence can meet the plain error standard in the absence of explicit statutory language or on-point, …
22-7827 Scott Anderson v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2023-06-21 Denied IFP abuse-of-discretion burden-of-proof certificate-of-appealability criminal-procedure due-process judicial-discretion legal-innocence reasonable-jurist sufficiency-of-evidence Is a defendant legally and factually innocent if the State fails to prove each and every element of the crime?
22-7670 Lonnie Burdette Porter v. United States Ninth Circuit 2023-05-31 Denied Response WaivedIFP appeal criminal-procedure due-process evidence-sufficiency firearm-possession sentencing-guidelines statutory-interpretation sufficiency-of-evidence Whether the Ninth Circuit erred in finding sufficient evidence to convict the defendant under 18 U.S.C. §922(g)(1) based solely on the defendant's ack…
22-7654 Juan L. Caballero v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-26 Denied IFP civil-rights constitutional-review criminal-conviction due-process habeas-corpus insufficient-evidence newly-discovered-evidence prosecutorial-misconduct state-court-review sufficiency-of-evidence Can the lower court courts indiscriminately deny (timely) filed Federal habeas corpus (2261) of newly discovered evidence wherein the newly discovered…
22-7344 Oscar Jesus Salais v. Christian Pfeiffer, Warden Ninth Circuit 2023-04-21 Denied Response WaivedIFP attempted-murder evidence-sufficiency habeas habeas-corpus jackson-standard jackson-v-virginia judicial-review ninth-circuit sufficiency-of-evidence summary-reversal Whether the Ninth Circuit's reliance on nonexistent testimony so departed from the accepted course of judicial proceedings as to justify summary rever…
22-7272 Christopher Ernest Martinez v. United States Fifth Circuit 2023-04-13 Denied Response WaivedIFP criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court Whether the district court's error in accepting the guilty plea under Federal Rules of Criminal Procedure 11(b)(8) is 'plain' where the record identif…
22-7188 Brian Douglas Rambo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-04-03 Denied IFP constitutional-interpretation constitutional-underpinnings due-process federal-courts federal-review habeas habeas-corpus no-evidence no-evidence-claim sufficiency-of-evidence Is there a conflict among the federal courts on whether Jackson-vs-Virginia-sufficiency-of-evidence-standard-abrogated-Thompson-v-City-of-Louisville-n…
22-7145 Abdullah Khabir Yusuf v. United States Fifth Circuit 2023-03-31 Denied Response WaivedIFP criminal-procedure due-process in-re-winship jackson-v-virginia reasonable-doubt standard-of-review sufficiency-of-evidence Whether a federal court of appeals reviewing a defendant's challenge to the sufficiency of the evidence supporting his conviction must apply the reaso…
22-7103 George Lincoln Stanley, IV v. United States Fourth Circuit 2023-03-24 Denied Response WaivedIFP 28-usc-1291 confrontation-clause criminal-procedure hearsay-testimony ineffective-assistance-of-counsel ineffective-counsel jurisdiction kidnapping kidnapping-charges sixth-amendment sufficiency-of-evidence Whether Mr. Stanley's Sixth Amendment right to confront his witness was violated
22-6912 Michael Wright v. J. Pickett, Warden Ninth Circuit 2023-03-02 Denied Response WaivedIFP certificate-of-appealability constitutional-challenge criminal-procedure due-process evidence-sufficiency federal-court habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence Can the Federal court deny a Certificate of Appealability on the issue of ineffective assistance of counsel for his failure to raise a constitutional …
22-6879 Bobby O. Williams v. Appellate Court of Illinois, Fifth District Illinois 2023-02-28 Denied Response WaivedIFP aggravating-factors due-process fair-warning judicial-expansion jury-determination jury-findings retroactivity sentencing-review statutory-interpretation sufficiency-of-evidence Whether the court's resolution represents an unforeseeable and retroactive judicial expansion of narrow and precise statutory language that denied pet…
22-6855 Alvin Lee Johnson v. Mississippi Mississippi 2023-02-23 Denied Response WaivedIFP criminal-conviction criminal-procedure due-process indictment-defect ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct prosecutorial-misconduct sufficiency-of-evidence Whether Johnson's conviction and sentence derived from a defective indictment
22-6793 Robert Loya, Jr. v. United States Fifth Circuit 2023-02-15 Denied Response WaivedIFP criminal-law criminal-procedure drug-possession drug-trafficking evidence felon-in-possession gang-affiliation intent-to-distribute sentencing sufficiency-of-evidence Is there insufficient evidence to warrant a finding of guilty for Count 1: possessing with intent to distribute methamphetamine over 50 grams and Coun…
22-6617 Winsloe Duhaney v. United States District of Columbia 2023-01-24 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy implied-acquittal statutory-interpretation sufficiency-of-evidence Does an appellate court violate Double Jeopardy when it remands a case for the trial court to enter alternative findings of fact and conclusions of la…
22-6555 Steven Charles Hill v. Texas Texas 2023-01-18 Denied IFP criminal-procedure criminal-sentencing cruel-and-unusual-punishment cruel-unusual-punishment due-process evidence-sufficiency jury-verdict life-sentence proportionality sentencing sufficiency-of-evidence Was the evidence sufficient to sustain the jury's guilty verdict?
22-6346 Robert D. Johnson v. Douglas Fender, Warden Sixth Circuit 2022-12-20 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel legal-continuance speedy-trial sufficiency-of-evidence Is it not erroneously factual and a misapplication of law, rule or statute for the state courts and district courts to concur with a continuance that …
22-6311 Massey L. Allen, Jr. v. Nebraska Nebraska 2022-12-15 Denied IFP criminal-evidence criminal-procedure due-process evidence fourteenth-amendment jackson-v-virginia miranda-rights post-miranda-silence reasonable-doubt standard-of-review sufficiency-of-evidence Whether there was sufficient evidence to convict under Jackson-v-Virginia
22-5924 Carl Jones v. Pennsylvania Pennsylvania 2022-10-27 Denied Response WaivedIFP appellate-procedure appellate-review constitutional-law constitutional-review criminal-procedure due-process evidentiary-standard legal-sufficiency self-defense standard-of-review sufficiency-of-evidence Does the well-settled standard and scope of review governing claims a standard and scope of constitutional dimension prohibit an appellate court from …
22-5779 James Michael Johnson v. United States Fourth Circuit 2022-10-06 Denied Response WaivedIFP conspiracy criminal-procedure due-process evidence evidence-sufficiency jury-instructions money-laundering standard-of-review sufficiency-of-evidence wire-fraud Whether the evidence at trial was insufficient to convict the petitioner of wire fraud and money laundering
22-5568 Douglas Gordon v. United States First Circuit 2022-09-13 Denied Response WaivedIFP copyright-infringement criminal-conviction criminal-law evidence fair-use first-circuit jury-instructions orphan-works sufficiency-of-evidence willful-conduct Whether the sufficiency of the evidence supported the jury's finding that Mr. Gordon acted willfully
22-205 Demetrios Stavrakis, aka Dimitrios Stavrakis, aka Jimmy v. United States Fourth Circuit 2022-09-07 Denied Response Waived circuit-split circumstantial-evidence criminal-procedure evidence-sufficiency federal-court judgment-of-acquittal motion-for-judgment-of-acquittal rule-of-equipoise sufficiency-of-evidence Whether a federal court must apply the 'rule of equipoise' and grant a motion for judgment of acquittal when evidence of guilt and innocence is evenly…
22-5460 Bradley Lane Croft v. United States Fifth Circuit 2022-08-29 GVR Relisted (2)IFP aggravated-identity-theft circuit-split criminal-procedure discretionary-review federal-question identity-theft money-laundering sufficiency-of-evidence wire-fraud Whether an accused commits aggravated-identity-theft by merely uttering-someone's-name
22-5305 Aileen Kogera Njoroge v. United States Eighth Circuit 2022-08-09 Denied Response WaivedIFP criminal-conviction criminal-procedure criminal-sentencing due-process fraud identity-theft legal-appeal probation restitution sentencing sufficiency-of-evidence trial-court-discretion Whether the district court erred in denying Kogera's motion for judgment of acquittal on the basis of insufficient evidence to support the jury's verd…
22-5110 Onterio Dimitri Brown v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-07-15 Denied Response WaivedIFP civil-rights constitutional-review criminal-conviction criminal-procedure due-process evidence jackson-v-virginia standard-of-review sufficiency-of-evidence supreme-court-precedent Whether the Supreme Court has overturned Jackson v. Virginia, 443 U.S. 307 (1979), and if there is sufficient evidence to justify a conviction
22-5027 Justin D. Bennett v. Texas Texas 2022-07-05 Denied IFP confrontation-clause constitutional-protections constitutional-review criminal-procedure due-process jackson-v-virginia out-of-court-statements sufficiency-of-evidence Whether the due process standard recognized in Jackson v. Virginia, 443 U.S. 307 (1979) constitutionally protects an accused against out-of-court stat…
21-8250 Deandre McIntosh v. United States Ninth Circuit 2022-06-28 Denied Response WaivedIFP buyer-seller buyer-seller-rule criminal-intent criminal-procedure drug-conspiracy due-process government-burden-of-proof knowledge knowledge-requirement stake sufficiency-of-evidence Whether a defendant can be convicted of drug conspiracy when he was no more than a buyer-seller and the government failed to establish he had knowledg…
21-8215 Nathaniel Ausbie v. United States Fifth Circuit 2022-06-23 Denied Response WaivedIFP appellate-review court-of-appeals criminal-conviction criminal-procedure due-process government-theory jury-instructions legal-review sufficiency-of-evidence When a defendant challenges the sufficiency of the evidence for his conviction, may a court of appeals affirm based on a theory different from the one…
21-8218 Ramik Banks v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2022-06-23 Denied Response WaivedIFP circuit-conflict due-process federal-appellate-review habeas-corpus jackson-standard jackson-v-virginia legal-precedent standard-of-review sufficiency-of-evidence third-circuit Whether the United States Court of Appeals for the Third Circuit entered a decision in this case that conflicts with its decision in Travillion v. Sup…
21-8140 Richard Chippero v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. Third Circuit 2022-06-14 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process insufficient-evidence legal-sufficiency sufficiency-of-evidence Should Petitioner's convictions be vacated due to insufficient evidence?
21-7782 William Larry Foley v. Texas Texas 2022-05-05 Denied IFP appellate-review criminal-procedure due-process jury-trial jury-verdict standard-of-review sufficiency-of-evidence Is the evidence sufficient to sustain the jury's guilty verdict?
21-7749 Samba Sarr v. Brian Cook, Warden Sixth Circuit 2022-04-29 Denied IFP criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence kidnapping sexual-assault sufficiency-of-evidence Whether Counsel for Defendant was ineffective as trial counsel
21-7687 Earl Jones v. Ohio Ohio 2022-04-25 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence evidence-review fact-inference jackson-standard reasonable-doubt standard-of-review sufficiency-of-evidence supreme-court-ohio Whether a reviewing court must consider all the evidence in determining whether inferences from basic facts to ultimate facts are reasonable to prove …
21-7646 Jason Delacerda v. Texas Texas 2022-04-19 Denied IFP appellate-review criminal-conviction criminal-procedure death-penalty due-process future-dangerousness ineffective-assistance ineffective-assistance-of-counsel psychiatric-evidence psychiatric-testimony sufficiency-of-evidence Did the appellate court err in failing to find that the evidence was insufficient to support the conviction and death sentence?
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
21-7605 Lwane A. Mansell v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-04-12 Denied Response WaivedIFP 14th-amendment 28-usc-2254 6th-amendment brady-v-maryland brady-violation constitutional-rights discovery-violation due-process habeas-corpus ineffective-assistance procedural-bar sufficiency-of-evidence Whether the district court erred in denying claim one of the petitioner's 28 U.S.C. § 2254 as procedurally barred
21-7459 Robbie Catchings, aka Robert Brown, aka Robbie Catching v. United States Ninth Circuit 2022-03-24 Denied Response WaivedIFP criminal-law criminal-statute due-process evidence-sufficiency federal-law firearm-possession firearms jury-instructions jury-verdict knowingly-possessed statutory-interpretation sufficiency-of-evidence Whether sufficient evidence supported the jury's verdict that petitioner knowingly possessed a firearm, in violation of 18 U.S.C. § 922(g)
21-7280 Sammie Carroll v. Maryland Maryland 2022-03-04 Denied Response WaivedIFP appellate-review court-of-special-appeals criminal-conviction criminal-procedure due-process evidence evidence-sufficiency jail-call-evidence standard-of-review sufficiency-of-evidence Did the Court of Special Appeals of Maryland err in ruling that the evidence adduced at trial was sufficient to sustain a conviction?
21-7072 Dontrell R. Wise v. United States Second Circuit 2022-02-08 Denied Response WaivedIFP appellate-review burden-of-proof criminal-conviction criminal-procedure drug-crimes drug-dealing due-process expert-testimony sufficiency-of-evidence Whether the Second Circuit Court of Appeals erred in affirming Dontrell Wise's conviction which was not supported by sufficient evidence to prove his …
21-7033 Oscar Alvarado v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2022-02-01 Denied Response WaivedIFP appellate-review co-defendant-statement confrontation-clause harmless-error ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sufficiency-of-evidence Whether the Sixth Amendment Confrontation Clause was violated
21-6932 Joshua Dixon v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-01-20 Denied Response WaivedIFP appellate-counsel criminal-procedure federal-review ineffective-assistance-of-counsel state-court-findings sufficiency-of-evidence Whether a criminal defendant can make any findings in any state court regarding the criteria for conviction while represented by appointed counsel, fu…
21-994 John Kapoor v. United States First Circuit 2022-01-13 Denied Relisted (2) conspiracy controlled-substances criminal-law due-process evidence-standard judgment-of-acquittal medical-prescription physician-liability professional-practice sufficiency-of-evidence Whether a non-physician may be convicted of conspiring with a physician to prescribe controlled substances outside the course of professional practice
21-6736 Steven R. Henson v. United States Tenth Circuit 2021-12-28 GVR Relisted (2)IFP actual-knowledge appellate-review criminal-intent criminal-procedure deliberate-ignorance harmless-error jury-instructions medical-practitioner prescription-liability statutory-interpretation sufficiency-of-evidence willful-blindness Whether the erroneous issuance of a deliberate ignorance or willful blindness instruction is harmless as a matter of law and beyond appellate review w…
21-6701 Nakyia D. Parker v. Douglas Fender, Warden Sixth Circuit 2021-12-22 Denied Response WaivedIFP consecutive-sentences constitutional-rights constructive-possession criminal-evidence due-process fair-trial jury-instructions motion-to-suppress sentencing-error sufficiency-of-evidence Whether Parker was denied a fair and impartial trial due to several major constitutional and due process right violations
21-6670 Eric Beverly v. United States Fifth Circuit 2021-12-20 Denied Response WaivedIFP administration-of-justice bank-robbery beyond-reasonable-doubt criminal-appeal criminal-procedure due-process evidence-sufficiency federal-jurisdiction fifth-circuit jury-conviction standard-of-review sufficiency-of-evidence Whether the appeals court conducted an adequate review of facts and evidence upon which the jury reached its decision to convict
21-6662 Bryant Christopher Watts v. Texas Texas 2021-12-17 Denied IFP affirmative-defense appellate-procedure appellate-review constitutional-review criminal-procedure due-process reasonable-doubt self-defense standard-of-review sufficiency-of-evidence trial-court Did the court of appeals err in affirming the trial court where evidence is insufficient to rebut the affirmative defense of self-defense beyond a rea…
21-6433 Jaimian Rashaad Sims v. United States Fifth Circuit 2021-11-29 Denied Response WaivedIFP administration-of-justice beyond-reasonable-doubt criminal-procedure due-process federal-criminal-cases fifth-circuit-review jury-conviction sex-trafficking standard-of-review sufficiency-of-evidence Whether the appeals court conducted an adequate review of the district court's denial of a judgment of acquittal and the jury's decision to convict ba…
21-6090 Olry Maurival v. United States Eleventh Circuit 2021-10-26 Denied Response WaivedIFP conspiracy crawford-confrontation criminal-procedure evidence-sufficiency false-tax-return false-tax-returns hearsay-evidence sufficiency-of-evidence tax-fraud Whether the verdict of guilt was supported by sufficient evidence
21-577 Fredric N. Eshelman v. Puma Biotechnology, Inc. Fourth Circuit 2021-10-20 Denied Response Waived appellate-review civil-procedure damages damages-challenge defamation federal-rules-of-civil-procedure judgment-as-matter-of-law rule-50 sufficiency-of-evidence unitherm unitherm-precedent Whether a defendant who did not file a Rule 50 motion for judgment as a matter of law in the district court can nonetheless raise a sufficiency of the…
21-5996 Jayson Thomas Weiss v. California California 2021-10-19 Denied IFP appellate-review burden-of-proof criminal-procedure due-process standard-of-review sufficiency-of-evidence Whether the evidence presented was sufficient to support the conviction
21-5923 Deonte Kinwan McCoy v. Michigan Michigan 2021-10-08 Denied IFP constitutional-rights due-process fair-trial ineffective-assistance judicial-fact-finding jury-selection reasonable-doubt sufficiency-of-evidence Was the evidence insufficient to convict Mr. McCoy of each offense, and should this court reverse his convictions pursuant to federal and state consti…
21-5656 Omar Cebrero v. Rosemary Ndoh, Warden Ninth Circuit 2021-09-13 Denied Response WaivedIFP criminal-conviction due-process felony-murder jackson-v-virginia jury-finding major-participant special-circumstance sufficiency-of-evidence Whether the state court's determination that there was sufficient evidence to support the jury's special circumstance finding that Petitioner was a 'm…
21-5610 Willie M. Hardy, Jr. v. United States Fourth Circuit 2021-09-09 Denied Response WaivedIFP career-offender confession crime-of-violence criminal-law drug-trafficking due-process firearm-possession jury-instructions malicious-wounding sentencing sentencing-factor sufficiency-of-evidence Whether Virginia Code 18.2-51 is a crime of violence
21-5635 Jamail D. Hairston v. Massachusetts Massachusetts 2021-09-09 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error miranda-rights miscarriage-of-justice police-testimony right-to-remain-silent right-to-silence sufficiency-of-evidence Did the appeals court err in holding that no substantial risk of a miscarriage of justice resulted from officer Pagan's erroneous testimony about Hair…
21-366 Michael Jones v. United States Fifth Circuit 2021-09-08 Denied Response Waived criminal-intent criminal-prosecution due-process expert-testimony fifth-circuit fraud medicare-fraud medicare-regulations sufficiency-of-evidence Are the Medicare rules, regulations, and policies controlling in a criminal prosecution under 18 U.S.C. § 1347
21-367 Paula Jones v. United States Fifth Circuit 2021-09-08 Denied Response Waived criminal-intent due-process expert-testimony fifth-circuit medicare-fraud medicare-rules prosecutorial-misconduct sufficiency-of-evidence Questions Presented
21-5578 Guy Don Minze v. Texas Texas 2021-09-03 Denied IFP court-of-appeals criminal-procedure due-process evidentiary-facts jurisdiction notice penal-code prosecutorial-misconduct prosecutorial-vindictiveness standard-of-review sufficiency-of-evidence tex-r-app-p Did the Court of Appeals err in failing to base its Opinion on the evidentiary and adjudicated facts in the record
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…
21-5505 Maurice Lamont Davis v. United States Fifth Circuit 2021-08-26 Denied IFP armed-career-criminal-act burglary-statute categorical-approach demand-for-certainty felon-in-possession felon-status intent-element state-law-interpretation sufficiency-of-evidence Whether a defendant's trial stipulation that he was a felon at the time he possessed a firearm is sufficient evidence that he knew of his status at th…
21-5388 Wilbert Kelly, Jr. v. Louisiana Louisiana 2021-08-18 Denied Response WaivedIFP age-restriction burden-of-proof constitutional-interpretation criminal-procedure due-process legal-standing post-conviction-relief presumption-of-innocence public-official sufficiency-of-evidence supreme-court-jurisdiction Whether the Louisiana Supreme Court erred in denying the petitioner's application for post-conviction relief despite the lack of evidence proving the …
21-5377 Alexander Ascencio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-16 Denied IFP due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus jackson-v-virginia sixth-amendment sufficiency-of-evidence watson-v-state Whether the lower court denied petitioner due process
21-5315 Rafael Arturo Coto Chinchilla v. Louisiana Louisiana 2021-08-06 Denied Response WaivedIFP closing-arguments criminal-procedure due-process evidence-sufficiency jury-instructions prosecutorial-misconduct sufficiency-of-evidence trial-error Was the evidence sufficient to support the guilty verdict?
21-5166 Leobardo Valladares v. Craig Koenig, Warden Ninth Circuit 2021-07-22 Denied Response WaivedIFP criminal-procedure cumulative-error due-process evidentiary-hearing first-degree-murder ineffective-assistance jury-instructions reasonable-doubt standard-of-proof sufficiency-of-evidence Did the Prosecution Fail to Prove Beyond a Reasonable Doubt That Valladares Committed First Degree Murder?
21-5106 Logan Viquesney v. United States Tenth Circuit 2021-07-14 Denied Response WaivedIFP conviction criminal-procedure due-process indictment jury-instructions legal-sufficiency notice state-offense sufficiency-of-evidence Whether the Court can sustain a conviction when a required element of the state offense is not charged in the indictment
21-5054 Kevin Antonio Watson v. Virginia Virginia 2021-07-08 Denied IFP appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus ninth-circuit prosecutorial-misconduct reasonable-doubt sufficiency-of-evidence Whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the Commonwealth of Vir…
20-8355 Jason Kyle Gee v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-22 Denied IFP constitutional-rights criminal-procedure due-process equal-protection jackson-v-virginia jury-deliberations racial-bias standard-of-review sufficiency-of-evidence verdict-challenge Is it a violation of the Fourteenth Amendment's Due Process and Equal Protection Clauses for a state to convict a person of a crime where the elements…
20-8328 Juan E. Seary-Colon v. United States First Circuit 2021-06-16 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-challenge conviction-review criminal-procedure due-process insufficient-evidence legal-sufficiency procedural-review standard-of-review sufficiency-of-evidence Whether Evidence was Totally Insufficient for the Conviction to Stand
20-1681 Shelton Barnes v. United States Fifth Circuit 2021-06-04 Denied Response Waived criminal-intent due-process fair-trial fifth-circuit medicare-billing obstruction obstruction-statute rule-of-lenity sufficiency-of-evidence Does the Panel Decision conflict with its own authority and other circuit court decisions?
20-8220 Patrick Alan Vercruysse v. Bryan Morrison, Warden Sixth Circuit 2021-06-03 Denied Response WaivedIFP 14th-amendment constitutional-rights due-process evidence-insufficiency first-degree-murder fourteenth-amendment police-testimony strangulation sufficiency-of-evidence suffocation Should petitioner's conviction be vacated due to insufficiency of the evidence that he caused the death of doctor thompson by strangulation or suffoca…
20-1605 Justin Terrell Atkins v. Timothy Hooper, Warden Fifth Circuit 2021-05-18 Denied Response RequestedResponse WaivedRelisted (2) aedpa brecht-v-abrahamson confrontation-clause habeas habeas-corpus harmless-error harmlessness preservation-rule sufficiency-of-evidence Whether the preservation rule applies to the State's forfeiture of harmlessness in AEDPA cases
20-7971 Derek A. Rivera v. Connie Horton, Warden Sixth Circuit 2021-05-11 Denied Response WaivedIFP criminal-procedure directed-verdict due-process expert-testimony fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions murder-conviction sufficiency-of-evidence Whether the defendant was denied a fair trial due to improper other-acts evidence
20-7899 Christopher Middleton v. Georgia Georgia 2021-04-30 Denied Response WaivedIFP criminal-procedure due-process essential-elements harmless-error indictment-sufficiency jury-disbelief self-defense standard-of-review sufficiency-of-evidence Whether a finding of guilt can be predicated on the jury's disbelief of a defendant's statements where the defendant does not testify and the State fa…
20-7852 John Elmer v. Louisiana Louisiana 2021-04-26 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process in-re-winship jackson-v-virginia sufficiency-of-evidence Whether the State failed to meet the stringent burden of proof as established by Jackson v. Virginia and In re: Winship
20-7772 Tanelle M. Jefferson v. Ohio Sixth Circuit 2021-04-16 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process hearsay reasonable-doubt sufficiency-of-evidence Whether the State of Ohio proved the petitioner's guilt beyond a reasonable doubt?
20-7676 Aaron Orlando Richards v. Darrel Vannoy, Warden Fifth Circuit 2021-04-07 Denied Response WaivedIFP circumstantial-evidence criminal-conviction criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia motion-for-bill-of-particulars motion-to-suppress reasonable-doubt sixth-amendment sufficiency-of-evidence Whether the State presented sufficient evidence to convict under Jackson v. Virginia
20-7686 Lonnie Alonzo Howard v. United States Eighth Circuit 2021-04-07 Denied IFP appellate-review armed-career-criminal-act circuit-court criminal-procedure evidence-sufficiency felon-in-possession plain-error sufficiency-of-evidence trial-record Whether this case should be held pending Greer v. United States
20-7485 Wilbern Woodrow Cooper v. Willis Chapman, Warden Sixth Circuit 2021-03-17 Denied Response WaivedIFP 14th-amendment civil-rights constitutional-rights due-process evidence-sufficiency fourteenth-amendment liberty-interest standing state-agents state-deference sufficiency-of-evidence Due-Process-Clause-Violation
20-7380 Michael Eugene Wyatt v. John Sutton, Warden Ninth Circuit 2021-03-09 Denied Response WaivedIFP criminal-elements deliberation first-degree-murder habeas-review ninth-circuit ninth-circuit-precedent precedent premeditation premeditation-and-deliberation state-law sufficiency-of-evidence Did the Ninth Circuit improperly disregard and/or overlook United State Supreme Court and Ninth Circuit precedent that required it to defer to Califor…
20-7363 Lerone Bernard Butler v. United States Eleventh Circuit 2021-03-08 Denied Response WaivedIFP conspiracy controlled-substances criminal-procedure drug-offenses due-process law-enforcement-misconduct possession-with-intent sentencing sufficiency-of-evidence whether-the-verdict-was-supported-by-sufficient-evidence
20-7147 Joe Angel Acosta, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-12 Denied IFP civil-rights constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions post-conviction-relief procedural-default sufficiency-of-evidence Whether the petitioner's constitutional and statutory rights were violated in the proceedings leading to his conviction and sentence
20-6951 Julio Torres Palomo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-26 Denied IFP criminal-procedure due-process evidence-sufficiency expert-testimony hearsay hearsay-objection indictment indictment-insufficiency jury-instructions sexual-abuse sufficiency-of-evidence Question not identified
20-6927 Anthony Freeney v. United States Fifth Circuit 2021-01-25 Denied Response WaivedIFP 18-usc-3553a audio-recordings criminal-procedure due-process evidence-sufficiency jail-phone-calls jury-instructions jury-verdict sentencing standard-of-review sufficiency-of-evidence Was the evidence insufficient to sustain the jury's guilty verdict?
20-6842 Christine D'Onofrio v. Costco Wholesale Corporation Eleventh Circuit 2021-01-12 Denied Response WaivedIFP appellate-review civil-procedure federal-rules-of-civil-procedure legal-sufficiency rule-50b-motion seventh-amendment standard-of-review sufficiency-of-evidence supreme-court-precedent Whether the majority opinion in affirming the grant of a Fed. R. Civ. P. 50(b) motion failed to apply the correct standard of review, and under the co…
20-6732 Adams Joel Forty-Febres v. United States First Circuit 2020-12-30 Denied Response WaivedIFP appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence-insufficiency first-circuit judicial-review standard-of-review statutory-interpretation sufficiency-of-evidence Whether Evidence was Totally Insufficient for the Conviction to Fairly Stand
20-6688 Arthur Tyrone Lee, Jr. v. United States Eighth Circuit 2020-12-23 Denied Relisted (2)IFP circuit-split criminal-law criminal-procedure plain-error rehaif-v-united-states sufficiency-of-evidence Whether the defendant's stipulation at trial was plain error warranting relief on the sufficiency of the evidence
20-6680 Darryl Taylor v. Timothy E. Buchanan, Warden Sixth Circuit 2020-12-21 Denied Response WaivedIFP constitutional-review criminal-procedure due-process federal-law habeas-corpus ineffective-assistance jackson-v-virginia standard-of-review standing sufficiency-of-evidence Whether federal judges should safeguard the constitutional right to a full and fair opportunity for consideration in state courts
20-6572 Deshawn Legrier v. United States Second Circuit 2020-12-09 Denied Relisted (2)IFP appellate-review criminal-procedure evidence-consideration felon-in-possession judicial-proceedings jury-instructions plain-error-review rehaif-error rehaif-v-united-states sufficiency-of-evidence trial-record Whether an appellate court can consider evidence outside the trial record to conclude that a Rehaif-based error did not seriously affect the fairness,…
20-6519 Julian Mondragon-Hernandez, aka David Rojas, et al. v. United States Ninth Circuit 2020-12-03 Denied Response WaivedIFP alternative-elements conviction criminal-procedure factual-findings judicial-fact-finding judicial-review jury-instructions jury-verdict mandatory-minimum-sentences mandatory-minimums sentencing sufficiency-of-evidence When a jury verdict allows for alternative elements of conviction, may courts review the evidence and make factual findings to uphold the conviction a…
20-6465 Damontaze Montrell Tillery v. United States Fourth Circuit 2020-11-27 Denied Response WaivedIFP convicted-felon criminal-evidence criminal-procedure drug-trafficking due-process firearm-possession motion-for-acquittal sentencing sentencing-guidelines sufficiency-of-evidence Whether the evidence at trial was sufficient to convict Petitioner
20-6439 Sidney Patterson v. United States Fifth Circuit 2020-11-25 Denied Response WaivedIFP criminal-activity due-process legislative-intent racketeering rico rico-statute sufficiency-of-evidence unsophisticated-crime vague-statute Does the application of a vaguely written racketeering statute to prosecute unsophisticated criminal activity not contemplated by the legislative inte…
20-6381 Domenico Anastasio v. United States Second Circuit 2020-11-19 Denied Response WaivedIFP appellate-review criminal-conviction criminal-procedure district-court indictment rico-conspiracy second-circuit standard-of-review sufficiency-of-evidence Whether the United States Court of Appeals for the Second Circuit erred by affirming the judgment of conviction and sentence pronounced by the United …
20-6385 Jason D. Devers v. Nebraska Nebraska 2020-11-19 Denied Relisted (2)IFP constitutional-claims conviction-of-sole-participant criminal-procedure due-process felony-murder habeas-corpus ineffective-assistance pinkerton-doctrine post-conviction-relief state-court-review sufficiency-of-evidence trial-attorney-affidavit Did the State of Nebraska commit error when it convicted the defendant of felony murder using the Pinkerton doctrine when there is no principal and th…
20-6269 Gilbert Montrez Gardner v. Maryland Maryland 2020-11-12 Denied Response WaivedIFP case-review certiorari court-of-appeals felony-murder legal-remand mens-rea robbery rosemond-precedent rosemond-v-united-states sufficiency-of-evidence supreme-court-review Whether the Court of Appeals of Maryland erred in affirming the petitioner's conviction for felony murder when the evidence was insufficient to establ…
20-6094 Sean Alonzo Bush v. Florida Florida 2020-10-22 Denied IFP constitutional-law constitutional-rights criminal-procedure due-process evidence-sufficiency florida-supreme-court legal-precedent precedent standard-of-review sufficiency-of-evidence Whether the Florida Supreme Court denied the petitioner due process
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 …
20-6007 William Harold Wright, Jr. v. United States Eleventh Circuit 2020-10-14 Denied Response WaivedRelisted (2)IFP constitutional-challenge criminal-indictment criminal-procedure due-process indictment judicial-review prosecutorial-discretion statutory-interpretation sufficiency-of-evidence venue Did the District Court err in denying the defendant's motion to dismiss the indictment?
20-5883 Kyle Patrick Comrie v. California California 2020-10-01 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process felony-murder jury-findings jury-instructions reasonable-doubt sandstrom sufficiency-of-evidence Did the trial court permit prejudicial error by allowing the jury to find first-degree murder without specific findings of fact on each required eleme…
20-5692 Johnathon Nico Wise v. United States Fifth Circuit 2020-09-14 Denied Response WaivedIFP criminal-procedure error-preservation federal-rules-of-criminal-procedure fifth-circuit judgment-of-acquittal legal-motion preservation-of-error rule-29 standard-of-review sufficiency-of-evidence Whether specific grounds must be identified in a Rule 29 motion for judgment of acquittal to preserve error?
20-5603 Michael A. Glover v. Pennsylvania Pennsylvania 2020-09-08 Denied Response WaivedIFP 14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process equal-protection evidence-sufficiency reasonable-doubt sufficiency-of-evidence Did the Pennsylvania state courts violate the petitioner's 5th and 14th amendment rights when they found the petitioner guilty despite insufficient ev…
20-5551 Ohio, ex rel. Jeremy Kerr v. Robert Pollex, et al. Ohio 2020-09-01 Denied Response WaivedIFP 14th-amendment constitutional-challenge criminal-conviction criminal-procedure due-process evidentiary-sufficiency jurisdiction state-court state-court-judgment subject-matter-jurisdiction sufficiency-of-evidence Does a state court's judgment of conviction violate the 14th Amendment when the record is devoid of evidence proving the defendant committed an elemen…
20-5483 Dion Black v. Norm Robinson, Warden Sixth Circuit 2020-08-25 Denied IFP certificate-of-appealability confrontation-clause confrontation-rights cross-examination double-inference-rule effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence Should the petitioner have been granted a certificate of appealability
20-5115 Gerson Serrano-Ramirez v. United States Sixth Circuit 2020-07-21 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence evidence-rules federal-procedure gang-affiliation jury-instructions motion-to-sever sufficiency-of-evidence venue Whether the district court erred in its rulings that prevented the defendant from receiving a fair trial
20-5070 Joaquin Shadow Rams v. Virginia Virginia 2020-07-19 Denied Response WaivedIFP appellate-review constitutional-interpretation criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia sufficiency-of-evidence virginia Whether Virginia's standard of review for appellate claims of insufficient evidence in criminal convictions violates the Due Process Clause as interpr…
19-8882 George Donald Hatt, Jr. v. Washington Washington 2020-07-02 Denied IFP burden-of-proof due-process first-aggressor jury-instruction self-defense sua-sponte substantial-rights sufficiency-of-evidence Did the First Aggcessor Jury Instruction, issued sua sponte, violate due process by celieving the state of its burden to disprove self-defense?
19-8885 Juan Leonardo Cadenas-Urena v. United States Fifth Circuit 2020-07-01 Denied Response WaivedIFP controlled-substance criminal-procedure drug-manufacturing due-process evidence evidence-sufficiency jury-verdict premises-liability sentencing-guidelines sufficiency-of-evidence Did the panel err by holding that the evidence is sufficient to sustain the jury's guilty verdict?
19-8720 Ankit Puri v. United States Fifth Circuit 2020-06-16 Denied Response WaivedIFP criminal-law firearms immigration jury-instructions rehaif-v-united-states sufficiency-of-evidence Whether the indictment and jury instructions omitted an essential element of the 18 U.S.C. § 922(g) offense
19-8625 Dedric Davis v. Florida Florida 2020-06-05 Denied IFP appeal criminal-procedure double-jeopardy due-process judgment-of-acquittal legal-standard motion petitioner standard-of-review sufficiency-of-evidence trial-court Whether the trial court erred in not granting petitioner's motion for judgment of acquittal
19-8364 Adam C. Vance v. United States Sixth Circuit 2020-04-27 Denied Response WaivedIFP access-device-fraud aggravated-identity-theft criminal-procedure identity-theft internet-transactions interstate-commerce reasonable-doubt sufficiency-of-evidence united-states-v-alexander united-states-v-vance Was Vance Entitled To Acquittal for Online Internet-based Aggravated Identity Theft
19-8353 Curtis Stokes v. Indiana Indiana 2020-04-24 Denied Response WaivedIFP appellate-review constitutional-equal-protection criminal-procedure due-process equal-protection evidence ineffective-assistance-of-counsel post-conviction-relief strickland-standard sufficiency-of-evidence Does Indiana have an obligation to equally apply the federal constitution in the same factual scenario?
19-8337 Jermaine Ruffin v. Louisiana Louisiana 2020-04-22 GVR Response RequestedResponse WaivedRelisted (2)IFP 14th-amendment 5th-amendment 6th-amendment constitutional-amendments due-process jackson-v-virginia jury-verdict non-unanimous-jury sufficiency-of-evidence Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments
19-8326 Charles Brandon Martin v. Maryland Maryland 2020-04-21 Denied Response WaivedIFP brady-violation burden-of-proof confrontation-clause evidence-sufficiency materiality materiality-standard sufficiency-of-evidence voir-dire witness-availability When a Brady violation (Brady v. Maryland, 373 U.S. 83 (1963)) occurs, must the Court take into account the effects of the Brady violation, or simply …
19-8282 In Re Robbie Gene Watson, Jr. 2020-04-17 Denied IFP arbitrary-enforcement civil-rights constitutional-vagueness criminal-law discriminatory-enforcement due-process habeas-corpus judicial-review penal-code sufficiency-of-evidence vagueness Did reasonable jurist debate whether California Penal Code section 206 is Constitutionally void for purported vagueness because it is capable of arbit…
19-8261 Sean Ath v. United States Fourth Circuit 2020-04-15 Denied Response WaivedIFP appellate-review circuit-split criminal-conviction criminal-procedure due-process evidentiary-sufficiency judicial-standard standard-of-review substantial-evidence sufficiency-of-evidence united-states-v-rahseparian Whether the United States Court of Appeals properly applied the 'substantial evidence' test in concluding there was sufficient evidence to affirm Peti…
19-8256 Jerry Browdy v. United States Eleventh Circuit 2020-04-14 Denied Response WaivedIFP appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judicial-review motion-for-acquittal sentencing-errors sufficiency-of-evidence Whether the evidence was insufficient to support Browdy's conviction and his motion for judgment of acquittal should have been granted
19-8088 Antonio Rodrigues v. Massachusetts Massachusetts 2020-03-24 Denied IFP constitutional-due-process criminal-element due-process felony-murder judicial-determination judicial-fact-finding maximum-sentence predicate-felony sentencing sufficiency-of-evidence trial-evidence Does the Constitution prohibit a State to define a crime to include an element that is to be decided by a judge without evidence; and where the State …
19-7987 Ashley R. Hambright v. United States Fifth Circuit 2020-03-16 Denied Response WaivedIFP criminal-procedure driving-while-intoxicated due-process dui evidence evidence-sufficiency federal-appeals intoxication magistrate-review military-jurisdiction stare-decisis sufficiency-of-evidence Whether the Fifth Circuit erred in affirming the DWI conviction by relying on an incorrect statement of the law on causation and failing to evaluate t…
19-7971 William L. Lewis v. Illinois Illinois 2020-03-12 Denied Response WaivedIFP bias burden-of-proof criminal-procedure due-process judicial-error prejudice prior-convictions reasonable-doubt robbery sentencing sufficiency-of-evidence Did the trial court and appellate court err in entering a finding of guilt on a single count robbery when the government did not prove petitioner's gu…
19-7945 Zacharias Abab Aguedo v. United States Eleventh Circuit 2020-03-11 Denied Response WaivedIFP appeals appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judgment-of-acquittal sentencing sentencing-errors sufficiency-of-evidence Whether the evidence was insufficient to support Aguedo's conviction and his motions for judgment of acquittal should have been granted
19-7514 Ekanem Kurfreobon Essien v. Suzanne M. Peery, Warden Ninth Circuit 2020-01-31 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-street-gang due-process habeas-corpus ninth-circuit-review reasonable-doubt sentencing-enhancement street-terrorism-enforcement-and-prevention-act sufficiency-of-evidence Whether the Ninth Circuit erred in denying petitioner's habeas petition
19-7431 Brandon J. Lofland v. Connie Horton, Warden Sixth Circuit 2020-01-27 Denied Response WaivedIFP constitutional-review criminal-procedure due-process habeas-corpus identification-testimony ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia jury-trial miscarriage-of-justice procedural-default state-procedural-rules sufficiency-of-evidence Whether a 'mere modicum' of evidence is sufficient to sustain a conviction
19-7407 Paula Bennett v. Shawn Brewer, Warden Sixth Circuit 2020-01-24 Denied Response WaivedIFP closeness-of-case constitutional-deficiency criminal-procedure-ineffective-assistance-of-couns cumulative-errors cumulative-prejudice ineffective-assistance prejudice prejudice-analysis reasonable-likelihood sixth-amendment strickland strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence trial-counsel Whether a court may conduct a prejudice analysis that focuses solely on the sufficiency of the evidence presented, or must instead consider the closen…
19-7273 Pablo Rodriguez-Palomino v. Illinois Illinois 2020-01-15 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure criminal-sexual-assault due-process essential-elements fourteenth-amendment jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review state-evidence sufficiency-of-evidence Whether the standard to be applied by state courts when a defendant claims that the evidence is insufficient to convict is whether any rational trier …
19-7167 Harshadkumar Nanjibhai Jadav v. Virginia Virginia 2020-01-03 Denied Response WaivedIFP appellate-review circumstantial-evidence criminal-procedure evidence-sufficiency first-degree-murder identity-of-defendant identity-of-perpetrator jury-instructions possession-of-weapon premeditation sufficiency-of-evidence Whether the Court of Appeals of Virginia unreasonably affirmed the Petitioner's conviction on the charge of First-Degree Murder
19-6947 Reinaldo Rodriguez-Martinez v. United States First Circuit 2019-12-16 Denied Response WaivedIFP appellate-review civil-rights criminal-procedure due-process jackson-v-virginia jury-instructions rico rico-conspiracy-statute rico-enterprise sufficiency-of-evidence united-states-v-turkette Whether a jury instruction that directs the jury that it does not need to find an existing de facto 'enterprise' in a RICO conspiracy case is proper
19-6478 Abdul King Garba, et al. v. United States Ninth Circuit 2019-11-01 Denied Response WaivedIFP apprendi-standard apprendi-v-new-jersey criminal-procedure evidence expert-testimony jackson-v-virginia kumho-tire ninth-circuit restitution sufficiency-of-evidence sufficient-evidence supreme-court-precedent weight-vs-admissibility Whether the Ninth Circuit Memorandum conflicted with this Court's decisions (e.g., Kumho Tire) regarding whether unreliability of an expert's testimon…
19-572 Ravneet Singh v. United States Ninth Circuit 2019-10-31 Denied civil-procedure due-process evidence harmless-error jury jury-instructions standard-of-review standing sufficiency-of-evidence Whether, upon invalidating one of two alternative theories of liability presented to a jury, the reviewing court should ask if there is 'sufficient ev…
19-6427 Ray A. Smith v. John Chapdelaine, Warden, et al. Tenth Circuit 2019-10-31 Denied Relisted (2)IFP charging-document criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions professional-responsibility prosecutorial-misconduct standard-of-review sufficiency-of-evidence As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale fulfill their professional responsibilities and obligations…
19-6341 Charles Raymond Stagner v. United States Eleventh Circuit 2019-10-22 Denied Response WaivedIFP criminal-intent criminal-procedure drug-crimes due-process evidence-admissibility fifth-amendment intent methamphetamine-possession sentencing sentencing-reduction sufficiency-of-evidence Whether the Fifth Amendment Guarantees the Petitioner the Right to a Judgment of Acquittal If the Government Fails to Prove the Petitioner Intended to…
19-6297 Aleisha O. Gray v. United States Fifth Circuit 2019-10-17 Denied Response WaivedIFP alien-transportation conspiracy criminal-law criminal-procedure evidence immigration immigration-law obstruction-of-justice sentencing-guidelines sufficiency-of-evidence Is there insufficient evidence to warrant a finding of guilty for conspiracy to transport undocumented aliens and for transporting undocumented aliens…
19-6232 Jason James Neiheisel v. United States Eleventh Circuit 2019-10-09 Denied Response WaivedIFP appellate-review burden-of-proof circuit-split criminal-conviction criminal-procedure demeanor due-process jury-verdict prosecutorial-questioning reversible-error substantive-evidence sufficiency-of-evidence Whether the Eleventh Circuit, on review for sufficiency of evidence, can affirm a conviction citing the verdict itself; on the supposition the jury co…
19-6171 Jorge Sanchez-Rodriguez v. Louisiana Louisiana 2019-10-04 Denied IFP appeal appellate-review child-interview criminal-procedure due-process evidence insufficient-evidence judicial-error standard-of-review sufficiency-of-evidence trial-court-error witness-testimony Did the state appellate court and the Louisiana Supreme Court err in denying petitioner's appeal because the evidence presented at trial was insuffici…
19-6107 Robert B. Ledbetter v. United States Sixth Circuit 2019-10-01 Denied Response WaivedIFP conspiracy conspiracy-charges criminal-law criminal-sentencing double-jeopardy due-process fifth-amendment insufficient-evidence murder murder-conviction sufficiency-of-evidence Where the evidence is insufficient to convict on conspiracy and murder charges, can the defendant be convicted on those charges?
19-6070 Malcom McClenon v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-26 Denied IFP appeals appellate-review batson-challenge constitutional-rights conviction criminal-procedure due-process fair-trial fifth-circuit habeas-corpus harmless-error judicial-review sufficiency-of-evidence Is Recier DUE. To fr ConvicTioN 1 Devoid OF THE RUD MENTARY DEmAwos of FAIR Pacegouns ?
19-5983 Alejandro Llamas-Delgado v. United States Eighth Circuit 2019-09-18 Denied Response WaivedIFP burden-of-proof conspiracy controlled-substances criminal-law criminal-procedure drug-conspiracy drug-trafficking due-process statutory-interpretation sufficiency-of-evidence supreme-court-precedent Whether the lower court's decision conflicts with Supreme Court and other circuit precedent concerning the government's burden to prove the evidence w…
19-5919 Marlon Romaine Carter v. Louisiana Louisiana 2019-09-12 Denied Response WaivedIFP constructive-possession criminal-conviction due-process felon-in-possession fourteenth-amendment jackson-v-virginia sixth-amendment sufficiency-of-evidence Whether the State of Louisiana misapplied Jackson v. Virginia sufficiency of evidence test
19-5904 Travis Dennis v. Darrel Vannoy, Warden Fifth Circuit 2019-09-11 Denied Response WaivedIFP appellate-review batson-challenge constitutional-rights criminal-procedure criminal-procedure-due-process due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-verdict sixth-amendment sufficiency-of-evidence Whether Mr. Dennis' conviction was obtained with insufficient evidence
19-5819 Arthur Rathburn v. United States Sixth Circuit 2019-09-04 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence-standard evidentiary-issues fair-notice jury-instructions reasonable-doubt right-to-jury-trial right-to-present-defense sufficiency-of-evidence vagueness Whether the government failed to present sufficient evidence to support the convictions beyond a reasonable doubt
19-5791 Marcus Jackson v. Vance Laughlin, Warden, et al. Georgia 2019-09-03 Denied Response WaivedIFP appellate-counsel appellate-review discretionary-relief discretionary-review error-of-law habeas-corpus ineffective-assistance-of-counsel irrational-strategy legal-sufficiency sixth-amendment state-appeals sufficiency-of-evidence thirteenth-juror thirteenth-juror-review Did the Georgia courts err by refusing to remedy appellate counsel's professionally deficient, and prejudicial, waiver of a claim for discretionary re…
19-243 Richard M. Camacho v. United States Armed Forces 2019-08-23 Denied Response Waived criminal-procedure due-process ineffective-assistance-of-counsel military-justice presumption-of-innocence prosecutorial-misconduct sexual-assault sixth-amendment sufficiency-of-evidence Whether the Army's Sexual Harassment Assault Response and Prevention Program (SHARP) reversed the constitutional presumption of innocence
19-5631 Joe Fernandez v. United States Second Circuit 2019-08-19 Denied Response WaivedIFP 18-usc-924c aider-and-abettor aider-and-abettor-liability aiding-and-abetting criminal-liability criminal-procedure criminal-procedure-error-analysis harmless-error jury-instruction rosemond-standard rosemond-v-united-states statutory-interpretation sufficiency-of-evidence Whether the failure to give an instruction on aider and abetter liability for a violation of 18 U.S.C. § 924(c) that comported with this Court's decis…
19-5635 Shango Jaja Greer v. United States Ninth Circuit 2019-08-19 Denied Response WaivedIFP brady-violation due-process grand-jury ineffective-assistance prosecutorial-misconduct sixth-amendment sufficiency-of-evidence Did the District Court improperly condone the prosecutor's profligate misconduct?
19-5532 Timothy W. Sparrow v. Rusty Washburn, Warden Sixth Circuit 2019-08-09 Denied Response WaivedIFP criminal-procedure criminal-procedure-defective-indictment,double-jeo due-process evidentiary-rulings indictment-defect ineffective-assistance judicial-misconduct jury-representation jury-selection prosecutorial-misconduct sufficiency-of-evidence Was the indictment defective?
19-5450 Paul Suarez v. United States Fifth Circuit 2019-08-06 Denied Response WaivedIFP 18-usc-924c appeal conviction criminal-conviction criminal-procedure drug-trafficking firearm-offense jury-unanimity law-of-the-case legal-sufficiency manifest-injustice sufficiency-of-evidence Did the panel err by holding that the 'law of the case' governed its decision in holding that the evidence was legally sufficient to sustain the petit…
19-5436 Martin Araiza-Jacobo v. United States Fifth Circuit 2019-08-02 Denied IFP appellate-review circuit-split criminal-procedure criminal-procedure-error deliberate-ignorance harmless-error jury-instruction jury-instructions legal-sufficiency standard-of-review sufficiency-of-evidence Whether the standard for assessing the harmlessness of an erroneously submitted deliberate-ignorance instruction turns only on the legal sufficiency o…
19-5432 Kevin Michael-Dorman Beltowski v. Shawn Brewer, Warden Sixth Circuit 2019-08-01 Denied Response WaivedIFP credibility-determinations criminal-procedure criminal-procedure-error due-process evidence-sufficiency harmless-error instructional-error judicial-review jury-instructions newly-discovered-evidence right-to-defense right-to-present-defense sufficiency-of-evidence Whether instructional error occurred in a way that conflicts with the Supreme Court's clearly established harmless-error precedents
19-149 Fort Bend Mechanical, Limited, et al. v. Gil Ramirez Group, L.L.C., et al. Fifth Circuit 2019-07-31 Denied Response Waived appellate-review circuit-split civil-procedure civil-procedure-review federal-rules-civil-procedure fifth-circuit plain-error rule-50 sufficiency-challenge sufficiency-of-evidence Whether the Fifth Circuit failed to follow its own precedent when declining to conduct a plain error review of the sufficiency challenge due to incons…
19-5340 Carl Prostell v. David Zook, Warden Fourth Circuit 2019-07-26 Denied Response WaivedIFP appeal confrontation-clause constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury post-conviction-relief reasonable-doubt sufficiency-of-evidence Whether the evidence was sufficient to find guilt beyond a reasonable doubt?
19-5296 Ozzie Davis v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2019-07-24 Denied Response WaivedIFP bruton-v-us criminal-conspiracy criminal-procedure due-process fair-trial-rights jackson-v-virginia prosecutorial-misconduct state-trial sufficiency-of-evidence supreme-court-precedent third-degree-murder Whether the Pennsylvania Superior Court's denial of the challenge to the sufficiency of the evidence resulted in an unreasonable application of Suprem…
19-5297 Esterlin Appolon v. Arizona Arizona 2019-07-24 Denied IFP civil-rights constitutional-claim criminal-procedure double-jeopardy due-process federal-law judicial-review jurisdiction post-conviction second-amendment sentencing standard-of-review state-court sufficiency-of-evidence unreasonable-application Whether the Arizona Supreme Court abused its discretion by dismissing the Petition for Special Action and Motion for Stay?
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…
19-5231 James D. Thomas, Jr., aka Wayne Thomas v. New York New York 2019-07-18 Denied IFP appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court Whether the People failed to establish beyond a reasonable doubt that Jones Thomas Knowingly Possessed the Cocaine?
19-5007 Jonathan Paul Sikes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-01 Denied Relisted (2)IFP actual-innocence credibility-of-witnesses criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia juvenile-offender reasonable-doubt sexual-offenses standard-of-proof sufficiency-of-evidence testimony witness-credibility Does the Northern District Court's decision conflict with the holding in Jackson v. Virginia as the Northern District Court misapplied the standard in…
19-5020 Khaleefa Lambert v. Darren Settles, Acting Warden Sixth Circuit 2019-07-01 Denied IFP criminal-procedure felony-murder ineffective-assistance ineffective-assistance-of-counsel murder-conviction prejudice premeditated-murder reasonable-jury sixth-amendment standard-of-review sufficiency-of-evidence trial-counsel Did the Sixth Circuit err in denying Petitioner's claim that his trial counsel's performance was so deficient as to prejudice the outcome of the trial…
18-9810 Erik Ward v. California California 2019-06-27 Denied IFP attempted-murder civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense physical-evidence premeditation standard-of-proof sufficiency-of-evidence trial-counsel Whether trial counsel failed to provide effective assistance of counsel by not properly performing procedural and due process requirements, and not in…
18-9817 Deterryon Tyrell Kelly v. Texas Texas 2019-06-26 Denied IFP criminal-conviction criminal-procedure due-process evidence evidence-standard inference-stacking jackson-v-virginia legal-sufficiency speculative-evidence sufficiency sufficiency-of-evidence Can evidence meet the legal sufficiency standard of Jackson v. Virginia if the evidence relied upon for conviction is primarily speculative and infere…
18-9795 Gregory A. Barto v. Mark Garmon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2019-06-25 Denied IFP certificate-of-appealability cross-examination due-process effective-cross-examination evidence-tampering habeas-corpus procedural-default prosecutorial-misconduct sixth-amendment state-court-review sufficiency-of-evidence Whether the court of appeals decision to deny a COA concluding that petitioner sufficiency of evidence claim was procedurally defaulted based on state…
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence Whether the Fourth Circuit erred in failing to find that the trial court erred in denying Mr. Washington's motion to suppress the search of the BMW
18-9755 Sammy Redi Araya v. United States Fourth Circuit 2019-06-21 Denied Response WaivedIFP business-records due-process fourth-circuit-review hearsay hearsay-evidence identification insufficient-evidence perjury perjury-challenge standard-of-review sufficiency-of-evidence Whether the Fourth Circuit erred in affirming the trial court's failure to investigate and conclusively determine if perjury infected the trial
18A1329 Travis Wade Matthews v. Pennsylvania Pennsylvania 2019-06-18 Presumed Complete criminal-conviction due-process pro-se-petition racial-identification reasonable-doubt sufficiency-of-evidence Whether the evidence was constitutionally sufficient to support a criminal conviction when the victim did not directly identify the defendant and the …
18-9677 Martin Arreola Zavala v. United States Eighth Circuit 2019-06-14 Denied Response WaivedIFP acceptance-of-responsibility contested-cases criminal-procedure drug-quantity due-process evidence evidence-determination federal-courts federal-sentencing legal-sufficiency quantity-determinations sentencing sentencing-guidelines standard-of-review sufficiency-of-evidence Whether this court should grant certiorari to address the proper application of law to fact relating to sufficiency of the evidence for quantity deter…
18-9678 Binika L. Hankton v. Frederick Boutte, Warden Fifth Circuit 2019-06-14 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process due-process,criminal-procedure,evidence,jackson-v- evidence evidence-sufficiency fifth-amendment fourth-amendment jackson-v-virginia sixth-amendment standard-of-review sufficiency-of-evidence Is a conviction constitutionally suspect when the evidence used to convict does not meet the standards of Jackson?
18-9600 Patricia Diane Smith Sledge v. United States Ninth Circuit 2019-06-10 Denied Response WaivedIFP appellate-review criminal-procedure district-court due-process evidence-rules evidentiary-ruling federal-rules-of-evidence procedural-error sufficiency-of-evidence summary-evidence witness-tampering Did the district court prejudicially err when admitting Exhibit 1 as a summary pursuant to Fed Rules of Evidence, rule 1006?
18-9548 Kevin Terrell Tatum v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-06-04 Denied IFP civil-procedure-summary-judgment civil-rights due-process exculpatory-evidence ineffective-assistance-of-counsel insufficient-evidence newly-discovered-evidence recantation sufficiency-of-evidence summary-judgment witness-recantation Whether the district court erred in granting summary judgment against the appellant when there are material, unresolved facts in dispute
18-9510 Rasaq Aderoju Raheem v. United States Fifth Circuit 2019-06-03 Denied Response WaivedIFP appeal appellate-procedure conviction criminal-procedure defendant-conviction due-process equal-protection federal-jurisdiction fifth-circuit jurisdiction legal-review standard-of-review sufficiency-of-evidence Whether the Fifth Circuit erred by affirming Defendant's Raheem conviction
18-9461 Antonio Tillmon v. United States Fourth Circuit 2019-05-30 Denied Response WaivedIFP conviction criminal-evidence criminal-procedure drug-distribution due-process evidence fourth-amendment fourth-circuit-review insufficient-evidence judicial-review right-to-a-fair-trial sufficiency-of-evidence undercover-agent undercover-operations Whether the Fourth Circuit erred in affirming Mr. Tillmon's convictions on certain counts
18-9483 Brian Alford v. Dwight Neven, Warden, et al. Ninth Circuit 2019-05-30 Denied IFP burglary burglary-allegation constitutional-law criminal-law criminal-procedure due-process felony-murder legal-sufficiency probable-cause prosecution-standard sufficiency-of-evidence Whether it is permissible for a state criminal court to predicate felony murder liability on an allegation of burglary that lacks sufficient bases in …
18-9445 Volvick Vassor v. Florida Florida 2019-05-28 Denied Response WaivedIFP alternate-theories constitutional-rights criminal-conviction criminal-procedure due-process equal-protection griffin-v-united-states jury-instructions sufficiency-of-evidence yates-v-united-states Does the holding in Griffin v United States allow a conviction based on alternate theories of offense when only one theory is supported by the evidenc…
18-9303 Larry Ray Lincks v. United States Fifth Circuit 2019-05-16 Denied Response WaivedIFP appeal-waiver booker booker-remedy constitutional-challenge constitutional-law criminal-procedure criminal-sentencing due-process guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-guidelines sufficiency-of-evidence Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpretatio…
18-1383 James M. Hale v. United States Armed Forces 2019-05-03 Denied Response Waived 10-usc-802 court-martial court-martial-jurisdiction general-verdict judicial-deference jurisdictional-defects jurisdictional-limits legal-sufficiency military-discipline military-discipline-jurisdiction military-law overt-acts plain-error rostker-v-goldberg sufficiency-of-evidence weiss-v-united-states Whether the court-martial had jurisdiction over the charged conduct
18-9074 Aaron Francois v. Darrel Vannoy, Warden Fifth Circuit 2019-05-01 Denied Response WaivedIFP 14th-amendment 6th-amendment civil-rights constitutional-rights conviction-challenge criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel louisiana-constitution sufficiency-of-evidence trial-error Whether the evidence was sufficient to establish that the murder and underlying felony of armed robbery formed a continuous transaction without a sign…
18-1359 William Shannon Gresham v. Tennessee Tennessee 2019-04-29 Denied Response Waived acquitted-conduct criminal-procedure double-jeopardy due-process jury-trial sentencing sentencing-enhancement sixth-amendment sufficiency-of-evidence Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's sent…
18-8869 Jesse Davenport, aka Draco John Flama v. United States Ninth Circuit 2019-04-17 Denied Response WaivedIFP child-pornography confrontation-clause conspiracy criminal-procedure due-process jury-trial plain-error shackling sufficiency-of-evidence Is shackling a defendant during his or her jury trial for no asserted or actual reason proper, and thus not even an 'error' under the plain error test…
18-8842 Michael Demon Nixon v. United States Fifth Circuit 2019-04-16 Denied Response WaivedIFP commerce-clause criminal-procedure due-process federal-firearms-law-922g firearm-possession interstate-commerce mens-rea plain-error-review plea-agreement statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no …
18-8843 John Leroy Milne v. United States Tenth Circuit 2019-04-16 Denied Response WaivedIFP criminal-procedure drug-identity drug-quantity due-process evidence reasonable-doubt sufficiency-of-evidence Whether the evidence presented was sufficient to prove beyond a reasonable doubt that Mr. Milne conspired to possess and knowingly possessed with inte…
18-8858 Aspen Warren v. Texas Texas 2019-04-16 Denied IFP criminal-procedure due-process evidence-sufficiency jury-unanimity manner-and-means murder murder-conviction state-criminal-law state-statutes statutory-interpretation sufficiency-of-evidence Whether there must be sufficient evidence to convict under each manner or means alleged in a murder case where under state statutes a jury need not be…
18-8773 Emmanuely Germain v. United States Eleventh Circuit 2019-04-10 Denied IFP criminal-procedure criminal-procedure-error essential-elements harmless-error jurisdiction jury-instructions statutory-interpretation sufficiency-of-evidence uncharged-offense venue venue-error Is the omission of an essential element of an offense from jury instructions harmless if there is sufficient evidence to support a conviction of a rel…
18-8681 Jamal James Carmouche v. Jason Kent, Warden Fifth Circuit 2019-04-03 Denied Response WaivedIFP constitutional-rights criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-circuit-error ineffective-assistance ineffective-assistance-of-counsel judicial-review malicious-prosecution standard-of-review sufficiency-of-evidence trial-counsel trial-record Whether there was sufficient evidence to convict Mr. Carmouche of a crime?
18-8644 Emanuel L. Finch, Sr. v. Bradley Graham, et al. Ninth Circuit 2019-04-01 Denied Response WaivedIFP confrontation-clause confrontation-clause,compulsory-process,miranda-ri consent-to-search constitutional-rights criminal-procedure due-process fair-trial materiality-of-false-testimony miranda-rights sixth-amendment sufficiency-of-evidence weight-of-evidence Whether the conduct complained of is a question of law
18-8651 Robert Butrim v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-04-01 Denied IFP actual-innocence due-process eighth-amendment fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence Whether the District Court's failure to address all the issues presented in the Habeas Corpus Petition deprived the Movant of a full review by the Cir…
18-1254 Jeremiah L. King v. United States Armed Forces 2019-03-28 Denied Response Waived child-pornography criminal-conviction criminal-procedure due-process evidentiary-facts fifth-amendment permissive-inference search-terms sufficiency-of-evidence Whether the Court of Appeals relied upon permissive inferences that violated the Due Process Clause of the Fifth Amendment in finding Petitioner's con…
18-8578 DeMarius L. Williams v. Illinois Illinois 2019-03-26 Denied IFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel post-conviction-relief prosecutorial-misconduct search-and-seizure sufficiency-of-evidence Whether petitioner's Fourth Amendment rights were violated when he was convicted of possession with intent to deliver a controlled substance beyond a …
18-8494 Alberto Sostre-Cintron v. United States First Circuit 2019-03-21 Denied Response WaivedIFP 18-USC-371 18-usc-641 conspiracy conspiracy-18-usc-371 criminal-conspiracy criminal-law district-court-proceedings morissette-standard morissette-v-united-states parties-to-the-proceedings statutory-provisions sufficiency-of-evidence theft-of-government-property theft-of-government-property-18-usc-641 Whether there was sufficient evidence to support Alberto Sostre-Cintron's conviction of conspiracy pursuant to 18 U.S.C. §371
18-8392 Obinna Obiora v. United States First Circuit 2019-03-13 Denied Response WaivedIFP constitutional-law controlled-substance criminal-procedure drug-conspiracy due-process jackson-standard jackson-v-virginia reasonable-doubt sufficiency-of-evidence When the evidence that links a defendant to a charged drug conspiracy is based on his participation in an isolated series of alleged transactions with…
18-8391 Nam Nhat Ngo v. United States Ninth Circuit 2019-03-12 Denied Response WaivedIFP bank-robbery categorical-approach circuit-split criminal-definition criminal-law double-jeopardy due-process federal-jurisdiction judicial-discretion legal-interpretation sentencing statutory-construction statutory-interpretation sufficiency-of-evidence Can the courts of appeals define the crime of federal bank robbery differently for purposes of a sufficiency-of-the-evidence challenge than for a cate…
18-8394 Asim Shakir Daniels v. United States Ninth Circuit 2019-03-12 Denied Response WaivedIFP bank-robbery categorical-approach circuit-split criminal-definition criminal-law due-process equal-protection federal-crime federal-jurisdiction judicial-interpretation legal-interpretation sentencing statutory-interpretation sufficiency-of-evidence Can the courts of appeals define the crime of federal bank robbery differently for purposes of a sufficiency-of-the-evidence challenge than for a cate…
18-8366 Anthony Eudean Woollis v. United States Fifth Circuit 2019-03-11 Denied Response WaivedIFP child-pornography constitutional-limits criminal-sanctions due-process federal-criminal-law interstate-commerce plain-error-review statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana Whether 18 U.S.C. § 2251 authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspecified …
18-8280 Darrell J. Williams v. Cecilia Reynolds, Warden Fourth Circuit 2019-03-05 Denied Response WaivedIFP blakely-v-washington circumstantial-evidence due-process fifth-circuit jackson-v-virginia reasonable-doubt sentencing sufficiency-of-evidence Whether the Due Process Standard of Jackson v. Virginia requires a court to consider all evidence, including evidence inconsistent with guilt, in deci…
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 …
18-8266 Tamim Abdul-Samad, aka Tamin Abdul-Samad, aka Brandon Harris v. United States Ninth Circuit 2019-03-04 Denied Response WaivedIFP 18-usc-924c 924(c) bank-robbery career-offender categorical-approach courts-of-appeals criminal-law federal-bank-robbery federal-crime intimidation legal-definition statutory-interpretation sufficiency-of-evidence Can the courts of appeals define the crime of federal bank robbery differently for purposes of a sufficiency-of-the-evidence challenge than for a cate…
18-8179 Keith Dwayne Lewis v. Warren L. Montgomery, Warden Ninth Circuit 2019-02-28 Denied IFP 28-usc-2254 civil-rights due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sentencing state-criminal-conviction sufficiency-of-evidence Whether a state criminal conviction violates due process when a state has unconstitutionally concluded the sufficiency of the evidence
18-8132 Anthony D. Phillips v. Bonita Hoffner, Warden Sixth Circuit 2019-02-26 Denied Response RequestedResponse WaivedRelisted (2)IFP adjudication-on-the-merits AEDPA aedpa-standards constitutional-error due-process evidence-sufficiency ineffective-assistance-of-counsel jackson-v-virginia plain-error plain-error-review sixth-amendment sufficiency-of-evidence Whether a constitutional error reviewed under plain error standards is an adjudication on the merits; and whether AEDPA deferential standards of revie…
18-8074 Javonte T. Morgan v. Louisiana Louisiana 2019-02-22 Denied Response WaivedIFP challenge-for-cause civil-procedure civil-rights constitutional-law criminal-procedure due-process evidence fair-trial judicial-proceedings jury-selection peremptory-challenges standard-of-review standing sufficiency-of-evidence Whether the lower court erred in denying the petitioner's challenge for cause and finding the evidence sufficient to support the conviction
18-8067 Arthur Nop Lew v. California California 2019-02-21 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process jury-instructions jury-trial self-defense sufficiency-of-evidence sufficiency-of-the-evidence trial-by-jury Whether upholding a criminal conviction based on a jury instruction and legal standard that are more favorable to the prosecution than what was actual…
18-7973 Jaime Villa v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence Whether there was insufficient evidence to prove Villa guilty beyond a reasonable doubt?
18-1049 Peter M. Hoffman, et al. v. United States Fifth Circuit 2019-02-11 Denied Amici (3) criminal-law-fraud criminal-procedure criminal-procedure-acquittal criminal-procedure-burden-of-proof criminal-procedure-sufficiency-of-evidence due-process evidence evidentiary-standard jackson-v-virginia judgment-of-acquittal mail-fraud prosecutorial-burden regulatory-ambiguity standard-of-review sufficiency-of-evidence wire-fraud Whether a federal court must grant a motion for judgment of acquittal when, construing the evidence in the light most favorable to the government, evi…
18-7808 Michael Duane Wilson v. Robert LeGrand, Warden, et al. Ninth Circuit 2019-02-07 Denied Response WaivedIFP appellate-review claim-splitting due-process exhaustion-of-remedies federal-courts federal-habeas habeas-corpus judicial-review legal-standard ninth-circuit post-conviction state-courts sufficiency-of-evidence Whether the United States Court of Appeals for the Ninth Circuit Erred in Sanctioning the Ability of Courts to Refashion a Habeas Claims into Various …
18-7780 Joseph Lemoine v. Darrel Vannoy, Warden Fifth Circuit 2019-02-06 Denied Response WaivedIFP burden-of-proof burden-of-proof-beyond-reasonable-doubt constitutional-rights daubert-standard due-process effective-assistance-of-counsel essential-elements-of-offense expert-witness fourteenth-amendment reasonable-doubt sixth-amendment sufficiency-of-evidence Whether reasonable jurists could argue that the State failed to meet its burden of proof beyond reasonable doubt
18-7713 Darnell Grimsley v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2019-02-01 Denied Response WaivedRelisted (2)IFP ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-default prosecution-misconduct prosecutorial-misconduct sequestration sequestration-order sufficiency-of-evidence trial-testimony violation-of-sequestration-order Did the Third Circuit err in deferring to the district court's opinion that this issue was procedurally defaulted and finding that Mr. Grimsley was no…
18-7313 Lewis Templeton v. United States Tenth Circuit 2019-01-08 Denied Response WaivedIFP criminal-procedure drug-crimes firearms sentencing spatial-connection sufficiency-of-evidence u.s.s.g.-2k2.1(b)(6)(b) waiver Whether the Tenth Circuit correctly concluded that Mr. Templeton had waived his argument that the evidence was insufficient to support increasing Mr. …
18-7270 Antonio Bryant v. Illinois Illinois 2019-01-07 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process in-re-winship ineffective-assistance ineffective-assistance-of-counsel involuntary-confessions involuntary-statements people-v-bryant standard-of-proof sufficiency-of-evidence Whether the Illinois Appellate Court's decision in People v. Bryant is contradictory to this Court's decisions in In re Winship, Jackson v. Denno, and…
18-7183 Christopher Jude Martin v. United States Ninth Circuit 2018-12-27 Denied Response WaivedIFP consequential-damages criminal-law criminal-valuation damages enhancements evidence legal-damages property-damage restitution restitution-order sufficiency-of-evidence valuation Whether there was sufficient evidence that the value of the items at the time that Mr. Martin damaged them was over $1,000?
18-7167 Cornelius Tyrone Kirsh v. Louisiana Louisiana 2018-12-26 Denied Response WaivedIFP aggravated-flight burden-of-proof criminal-procedure double-jeopardy due-process habitual-offender insufficient-evidence involuntary-statements reasonable-doubt sufficiency-of-evidence Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Kirsh is guilt
18-7110 James M. Flinn v. Mike Parris, Warden Sixth Circuit 2018-12-19 Denied Response WaivedIFP criminal-procedure due-process evidence fourteenth-amendment indictment indictment-allegations insufficient-evidence jury-instructions reasonable-doubt sufficiency-of-evidence Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause
18-7074 Gennaro Mattiaccio v. United States Fourth Circuit 2018-12-18 Denied Response WaivedIFP civil-rights criminal-procedure double-jeopardy due-process jurisdiction prosecutorial-misconduct sentencing sufficiency-of-evidence Whether the evidence was insufficient to sustain the convictions on Count 3
18-7050 Javier Portillo v. United States Ninth Circuit 2018-12-17 Denied Response WaivedIFP border-crossing border-search criminal-evidence criminal-procedure drug-trafficking due-process evidence jury knowledge-standard mens-rea narcotics-possession ninth-circuit standard-of-proof sufficiency-of-evidence trial-sufficiency Whether the Ninth Circuit's analysis of the facts was inadequate
18-6976 Joseph Lochuch Ewalan v. Washington Washington 2018-12-10 Denied IFP criminal-procedure criminal-trial double-jeopardy due-process evidentiary-basis jury-instruction jury-instructions lesser-included-offense standard-of-review state-court sufficiency-of-evidence united-states-v-dixon Whether the state trial court erred when it failed to instruct the jury on a lesser included offense when the evidence in the case supports an inferen…
18-6910 Elseddig Elmarioud Musa v. United States Ninth Circuit 2018-12-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-sufficiency fraud-allegations judicial-discretion jury-instructions motion-for-acquittal prosecutorial-misconduct rule-29-motion sufficiency-of-evidence Whether the district court improperly denied Musa's Rule 29 motion
18-6917 Rodolfo Portela v. United States Eleventh Circuit 2018-12-04 Denied Response WaivedIFP appeal competency-hearing conspiracy controlled-substance controlled-substances criminal-procedure criminal-procedure-sentencing drug-conspiracy drug-trafficking evidence-suppression firearm-possession sentencing sentencing-guidelines sufficiency-of-evidence Whether the district court erred in finding sufficient evidence of conspiracy to possess with intent to distribute a controlled substance
18-6828 Gregg Thomas v. Maryland Maryland 2018-11-27 Denied Response WaivedIFP appellate-review constitutional-law constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment sufficiency-of-evidence trial-counsel Was the evidence sufficient to sustain Petitioner's convictions, and was Petitioner denied his Sixth Amendment Right under the United States Constitut…
18-6697 Kevin Marquette Bellinger v. United States Fourth Circuit 2018-11-14 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where…
18-6703 David Richard Trimble v. Darrel Vannoy, Warden Fifth Circuit 2018-11-14 Denied Response WaivedIFP aggravated-rape Confrontation-Clause criminal-procedure cross-examination due-process fourteenth-amendment ineffective-assistance Ineffective-assistance-of-counsel jackson-v-virginia sixth-amendment Statute-of-limitations sufficiency-of-evidence Whether the evidence was insufficient to find David Trimble guilty of four counts of Aggravated Rape beyond a reasonable doubt
18-6577 Ernesto Wilfredo Solano Godoy v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2018-11-07 Denied IFP confrontation-clause due-process fourth-circuit-review habeas-corpus ineffective-assistance-of-counsel phone-records strickland strickland-standard strickland-test sufficiency-of-evidence witness-testimony Ineffective-assistance-of-counsel
18-6538 Steven Bernard Sydnor v. Kevin Hampton, Warden Sixth Circuit 2018-11-01 Denied IFP 14th-amendment 5th-amendment criminal-procedure custodial-interrogation due-process fair-trial jackson-v-virginia miranda-rights miranda-warning sufficiency-of-evidence Whether defendant's Constitution 5th and 14th Amendment rights were violated
18-6464 Frank Ralph LaPena v. George Grigas, et al. Ninth Circuit 2018-10-26 Denied Response WaivedIFP contract-killing criminal-conviction criminal-procedure due-process habeas-corpus highly-deferential-review ineffective-assistance-of-counsel legal-insufficiency legal-sufficiency nevada-supreme-court physical-evidence rational-juror reasonable-doubt sufficiency-of-evidence witness-testimony wrongful-conviction Whether the Nevada Supreme Court's decision rejecting the legal insufficiency claim was unreasonable because, even under a highly deferential review, …
18-6415 Amalya Cherniavsky, aka Amalya Surenovna Yegiyan v. United States Ninth Circuit 2018-10-25 Denied Response WaivedIFP circuit-split criminal-procedure district-court due-process jury-instruction jury-instructions sentencing standard-of-review sua-sponte sufficiency-of-evidence theory-of-defense trial-procedure Under what circumstances must a district court sua sponte instruct the jury on a theory of defense presented and relied upon at trial where the theory…
18-6372 Michael Small v. Cherry Lindamood, Warden Sixth Circuit 2018-10-18 Denied Response WaivedIFP appellate-review constitutional-challenge due-process evidentiary-ruling federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel judicial-discretion procedural-default procedural-rules sentencing state-court sufficiency-of-evidence Whether the United States Court of Appeals erred when it agreed with the district court that the claim of ineffective assistance of counsel was withou…
18-6341 John William Lieba, II v. United States Ninth Circuit 2018-10-16 Denied Response WaivedIFP appeal appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence jury legal-standard standard-of-review sufficiency-of-evidence Whether sufficient evidence existed to convict Mr. Lieba?
18-6298 Robert Alan Fratta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-11 Denied Relisted (2)IFP capital-punishment civil-rights constitutional-rights constructive-amendment due-process fatal-variance habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jackson-review miscarriage-of-justice pro-se-representation right-to-counsel standing sufficiency-of-evidence Is it unconstitutional for a U.S. Court of Appeals to accept, sanction or make decisions that allow state courts to refuse to accept meritorious issue…
18-6180 Brian Deronceler v. United States Eleventh Circuit 2018-10-02 Denied Response WaivedIFP appeal appellate-review criminal-conviction criminal-procedure district-court due-process eleventh-circuit insufficient-evidence judgment-of-acquittal motion-for-acquittal sentencing sentencing-errors sufficiency-of-evidence Whether the evidence was insufficient to support the defendant's conviction and the motion for judgment of acquittal should have been granted
18-6006 Gerson Gonzalez Tovar v. United States Fifth Circuit 2018-09-17 Denied Response WaivedIFP child-pornography constitutional-limits criminal-law criminal-sanctions criminal-statute due-process interstate-commerce plain-error plain-error-review statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana Whether 18 U.S.C. §2251 authorizes conviction upon proof that materials used to produce child-pornography crossed state-lines at an unspecified-prior-…
18-5999 Joe Litton Bailey v. Louisiana Louisiana 2018-09-14 Denied IFP criminal-conviction criminal-procedure due-process evidence habitual-offender jury-trial reasonable-doubt sentencing-enhancement sufficiency-of-evidence Was the evidence presented to the jury sufficient to convict Bailey beyond a reasonable doubt?
18-5972 Assane Faye v. United States Third Circuit 2018-09-13 Denied Response WaivedIFP burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra…
18-5885 Kenneth Kennedy Shannon v. United States Fourth Circuit 2018-09-05 Denied Response WaivedRelisted (2)IFP criminal-procedure drug-trafficking due-process evidence heroin-quantity motion-for-acquittal motion-for-new-trial motion-to-suppress search-and-seizure sentencing sufficiency-of-evidence title-iii-wiretap verdict-acquittal Did the trial court err in denying the Petitioner's Motion for Verdict of Acquittal and for New Trial, because the evidence taken in the light most fa…
18-5806 Edwin David Corbett v. Washington Washington 2018-08-29 Denied IFP criminal-procedure due-process habeas-corpus insufficient-evidence jackson-v-virginia post-conviction-relief statute-of-limitations sufficiency-of-evidence time-limitation Whether the one-year limitations period under Washington's Revised Code §10.73.100(4) bars a petitioner from relitigating a sufficiency of evidence cl…
18-5804 Abdoulaye Diallo v. United States Third Circuit 2018-08-28 Denied Response WaivedIFP criminal-procedure due-process evidence fraud indictment-delay insufficient-evidence loss-calculation motion-for-acquittal prosecutorial-misconduct reasonable-doubt sentencing snap-fraud statutory-interpretation sufficiency-of-evidence Whether the District Court failed to grant Petitioner's motion for acquittal due to insufficient evidence of knowledge of fraudulent SNAP transactions
18-200 Michigan v. Charles Damon Jones Michigan 2018-08-15 Denied Response Waived appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency Whether the Michigan Court of Appeals erred in granting a new trial based on an inconsistent jury verdict, even though irreconcilable jury verdicts ar…
18-5592 Oscar Madrid v. Darrel Vannoy, Warden Fifth Circuit 2018-08-15 Denied IFP 14th-amendment civil-procedure civil-rights conflict-of-interest criminal-procedure due-process exhaustion exhaustion-of-remedies fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress state-court sufficiency-of-evidence Whether the court erred in finding claims 1-3 were not exhausted to the state's highest court
18-5604 Joe Fidel Flores v. W. L. Montgomery, Acting Warden Ninth Circuit 2018-08-15 Denied Response WaivedIFP criminal-procedure due-process evidence expert-testimony gang-expert-testimony jackson-standard jackson-v-virginia ninth-circuit ninth-circuit-review reasonable-doubt standard-of-review sufficiency-of-evidence Under the standard clearly established by this Court in Jackson v. Virginia, can a rational juror find an essential fact beyond a reasonable doubt bas…
18-5540 Darnell Rush v. Randee Rewerts, Warden Sixth Circuit 2018-08-14 Denied Response WaivedIFP appeal appellate-review criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jury-instructions motion-for-new-trial sufficiency-of-evidence Whether the defendant-appellant was entitled to a new trial where the trial court failed to answer the defendant's request, Did the trial court err in…
18-5482 Jose Guadalupe Zepeda-Ramirez v. United States Ninth Circuit 2018-08-07 Denied Response WaivedIFP aiding-and-abetting conspiracy due-process fifth-amendment marijuana-distribution motion-for-acquittal possession-with-intent-to-distribute presumption-of-innocence sufficiency-of-evidence Whether the Presumption of Innocence and Fifth Amendment's Right to Due Process are violated when the district court denies a motion for acquittal whe…
18-5412 Robert Eugene Johnson, Jr. v. Virginia Virginia 2018-08-01 Denied IFP appellate-review civil-procedure conviction criminal-procedure due-process equal-protection evidence standard-of-review sufficiency-of-evidence Can a state's highest court uphold a criminal conviction after being made aware that there was absolutely no evidence presented at trial that the crim…
18-5338 DeLawrence A. King v. Ronald Erdos, Warden Sixth Circuit 2018-07-25 Denied IFP certificate-of-appealability constitutional-rights due-process ineffective-assistance mens-rea procedural-default prosecutorial-misconduct self-defense sufficiency-of-evidence Did the Sixth Circuit Court error when it failed to grant Petitioner a Certificate of Appealability after previously ruling in his favor, by stating t…
18-5324 Anastasio N. Laoutaris v. United States Fifth Circuit 2018-07-24 Denied Response WaivedIFP 18-usc-1030 criminal-procedure criminal-procedure-due-process due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel jackson-v-virginia judgment-of-acquittal malicious-code perjury perjury-standard reasonable-doubt sentencing strickland-standard sufficiency-of-evidence Whether a rational jury could have found each essential element of the offense of transmitting a malicious code, in violation of 18 U.S.C. § 1030(a)(5…
18-5304 Raymond Sanchez Lopez v. United States Fifth Circuit 2018-07-20 Denied Response WaivedIFP child-pornography commerce-clause constitutional-limits criminal-law criminal-sanctions due-process interstate-commerce plain-error-review statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana Whether 18 U.S.C. §2252A(5)(B) authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspec…
18-5273 Davian Wilson v. United States Fifth Circuit 2018-07-18 Denied Response WaivedIFP authentication criminal-procedure criminal-procedure-sufficiency-of-evidence criminal-trial evidence-authentication federal-criminal-procedure federal-jurisdiction guilty-verdict jury-verdict native-american reasonable-jury sentencing-disparities sentencing-disparity standard-of-review sufficiency-of-evidence Whether the district court erred in finding sufficient evidence for a guilty verdict against Mr. Wilson
18-5212 Markentz Blanc v. United States Eleventh Circuit 2018-07-11 Denied Response WaivedIFP 11th-circuit 4th-amendment 5th-amendment 6th-amendment appellate-review circuit-court criminal-procedure criminal-procedure-flight-instructions district-court due-process elements flight-instructions prejudice prior-decisions sufficiency-of-evidence wiretap wiretap-evidence Whether the Eleventh Circuit erred in affirming the district court's rulings on the flight instructions, the necessity requirement for the wiretap, an…
18-5161 Marvin Waddleton, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-06 Denied Relisted (2)IFP aedpa burden-of-proof constitutional-review criminal-procedure due-process jackson-standard plain-error pro-se right-to-counsel state-court-review statutory-interpretation sufficiency-of-evidence Whether the state court's application of the Jackson standard of review in evaluating the sufficiency of the evidence violated clearly established fed…
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…
18-5028 Carolyn J. Edlind v. United States Fourth Circuit 2018-06-28 Denied Response WaivedIFP 18-usc-1512 corrupt-persuasion criminal-intent criminal-law criminal-procedure due-administration-of-justice due-process obstruction-of-justice official-proceeding statutory-interpretation subversion-of-justice sufficiency-of-evidence testimony witness-tampering Did the court below err in ruling that there was sufficient evidence to convict the Appellant of using corrupt persuasion toward a witness with the in…