testimony

39 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7711 Philong Nghia Huynh v. J. Lizarraga Ninth Circuit 2024-06-13 Denied Response WaivedIFP confrontation-clause criminal-procedure criminal-trial forensic-nurse sixth-amendment surrogate-nurse surrogate-testimony testimonial-statements testimony Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a surrogate nurse conveyin…
23-1179 United States, ex rel. Regie Salgado, et al. v. TruConnect, et al. Ninth Circuit 2024-05-01 Denied civil-procedure fact-issue litigation-strategy self-serving self-serving-testimony summary-judgment testimony uncorroborated uncorroborated-evidence Whether a party's own testimony can create a fact issue to defeat summary judgment when the testimony is uncorroborated and self-serving
23-1170 Franck William Yao v. Tamara Yao Missouri 2024-04-30 Denied best-interest-of-child best-interest-standard child-custody civil-procedure dual-citizenship expert-witness family-law judicial-consideration state-court testimony Whether the state courts erred in using Petitioner's dual-citizenship-status as consideration in their final-judgment
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…
23-6260 Charles E. Linder, Jr. v. Kenneth Black, Warden Sixth Circuit 2023-12-14 Denied Response WaivedIFP constitutional-law criminal-procedure detective-testimony evidence evidentiary-objection firearm ineffective-assistance sixth-amendment testimony witness-credibility Whether trial counsel was ineffective in violation of the Sixth Amendment due to failure to object to testimony
23-5927 Katerin Martinez-Alberto v. United States First Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination?
23-5459 Maurice Turner v. Administrator, New Jersey State Prison, et al. Third Circuit 2023-08-28 Denied Response WaivedIFP co-defendant co-defendant-statements confrontation-clause criminal-procedure douglas-v-alabama due-process harmless-error pretrial-statements sixth-amendment testimony Whether the violation of the Confrontation Clause as explicated in Douglas v. Alabama was harmless error
22-624 Zafar Iqbal v. Bureau of Professional and Occupational Affairs, State Board of Medicine Pennsylvania 2023-01-09 Denied Response WaivedRelisted (2) coerced-confession constitutional-rights due-process fifth-amendment fourteenth-amendment material-witness perjury right-to-due-process testimony Did the ruling(s), by disregarding testimony of material witness, proven to lie under oath violated petitioner's right to due process enshrined in fou…
22-5875 Bryan Protho v. United States Seventh Circuit 2022-10-21 Denied Response WaivedIFP 18-usc-3509 child-victim closed-circuit-testimony criminal-procedure district-court district-court-procedure statutory-interpretation testimony two-way-closed-circuit-television witness-testimony Whether 18 U.S.C. § 3509 requires a district court to question a child victim on the record before introducing the child victim's testimony at trial v…
21-7610 Terry Smith v. Florida, et al. Florida 2022-04-14 Denied Response WaivedIFP autopsy autopsy-testimony confrontation-clause due-process evidence forensic-evidence hearsay medical-examiner sixth-amendment testimony Does Florida's practice of allowing a medical examiner to testify to an autopsy he/she did not perform violate the Confrontation Clause?
21-7265 Victor L. Manns, Jr. v. Florida Florida 2022-03-03 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process fifth-amendment implied-waiver miranda-rights self-incrimination testimony Whether a suspect can provide an implied waiver of Miranda rights when a detective admits under oath that the suspect was not properly Mirandized
21-6236 L. B. Joseph v. Illinois Illinois 2021-11-10 Denied IFP constitutional-rights conviction-reversal criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance post-conviction-relief reasonable-doubt testimony Was the defendant given a fair trial?
21-6086 William Keith Watson v. United States Eleventh Circuit 2021-10-26 Denied Response WaivedIFP 4th-amendment 5th-amendment conflicting-testimony credibility deputy-testimony due-process fourth-amendment stop-and-frisk supervisory-jurisdiction suppression-hearing sworn-deposition testimony Whether the Eleventh Circuit erred in affirming the denial of the motion to suppress despite a deputy's conflicting testimony under oath
21-6033 Larry Gene Francis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-10-20 Rehearing Response WaivedRelisted (2)IFP 4th-amendment constitutional-rights criminal-procedure double-jeopardy due-process exculpatory-evidence fair-trial material-facts parole-violation state-misconduct testimony Was petitioner subjected to Double Jeopardy?
21-5406 Bryson Tuesno v. United States Fifth Circuit 2021-08-17 Denied Response WaivedIFP 6th-amendment civil-procedure constitutional-rights criminal-procedure due-process hearsay impartial-jury sixth-amendment testimony Question not identified
21-5039 Gavin Wayne Wright v. United States Tenth Circuit 2021-07-08 Denied IFP co-conspirator-statements co-defendant criminal-conspiracy due-process entrapment false-statements federal-rules-of-evidence government-agent jury-instruction materiality testimony Was the quantum and character of this evidence in the record sufficient to entitle him to a jury instruction on entrapment?
21-5016 Salvador Acosta v. United States Ninth Circuit 2021-07-06 Denied IFP appellate-review criminal-knowledge criminal-law drug-statutes evidence harmless-error mens-rea sentencing sentencing-enhancement testimony Whether a federal court of appeals can reject a defendant's testimony denying the requisite criminal knowledge as implausible in determining that a pr…
20-1727 James David O'Brien v. Securities and Exchange Commission Second Circuit 2021-06-15 Denied Response Waived circuit-court-ruling civil-procedure federal-agency immunity legal-interpretation proffer-agreement subpoena testimony testimony-protection Did the United States Court of Appeals for the Second Circuit err in deciding that a proponent of testimony pursuant to a proffer agreement is not lat…
20-7169 Lawrence Nunley v. Richard Brown Seventh Circuit 2021-02-19 Denied Response WaivedIFP child-witness criminal-trial evidence-admission ineffective-assistance ineffective-assistance-of-counsel judicial-error prosecutor structural-error testimony trial-counsel witness-testimony Was trial counsel ineffective for silently acquiescing to the structural error, allowing undue emphasis to be placed on the critical testimony, and gu…
20-764 Mark E. O'Brien v. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Connecticut 2020-12-03 Denied due-process foreclosure foreclosure-procedure judicial-notice loan-servicer mortgage-note new-evidence procedural-defect standing standing-challenge testimony Were the Defendants' due-process rights violated?
20-6090 Reginald Ferguson v. United States Sixth Circuit 2020-10-21 Denied Relisted (2)IFP civil-rights consensual-encounter consent criminal-procedure due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion testimony Can a court determine that an encounter was initially consensual when the officer testified that he did not remember how it was initiated, nor is it c…
19-8267 Jon Cascella v. United States First Circuit 2020-04-15 Denied Response WaivedIFP brady-violation confidential-informant constitutional-error due-process fifth-amendment independent-inquiry testimony uniform-practice witness-testimony Whether permitting a blanket claim of Fifth Amendment privilege and total exclusion of a confidential informant's testimony without independent inquir…
19-7653 Roosevelt Bigbee, Jr. v. Jonathan Lebo, Warden Tennessee 2020-02-12 Denied Response WaivedIFP 5th-amendment constructive-amendment conviction criminal-attempt criminal-procedure due-process felony-murder indictment plea-agreement robbery statute testimony Whether the admission of the Plea agreement testimony evidence, of felony murder in the perpetuation of a robbery violated Tenn. Code Ann. § 39-12-101…
19-7018 Scott Ray Bishop v. United States Tenth Circuit 2019-12-19 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process evidence expert-testimony personal-knowledge structural-error technical-element testimony Whether the exclusion of a defendant's testimony based on first-hand, personal knowledge of a technical element of the offense charged is structural e…
19-6323 Michael Taffaro v. New Jersey New Jersey 2019-10-21 Denied Response WaivedIFP due-process evidence evidence-exclusion ineffective-assistance interests-of-justice judicial-review perjury perjury-claim post-conviction-relief procedural-default procedural-rules standing testimony witness-testimony Whether a decision affirming exclusion of evidence can be correct without addressing the unrefuted assertion that it was excluded on plainly erroneous…
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…
18-9650 Shawn Pinson v. Texas Texas 2019-06-13 Denied IFP civil-rights confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment standing testimony When be Bate Krouingt, used Se benany, a was, bogan be
18-8800 Stephen R. Winn v. Dana Metzger, Warden, et al. Third Circuit 2019-04-11 Denied IFP appellate-review civil-procedure civil-procedure-expert-testimony due-process evidence expert-witness fair-trial judicial-discretion testimony Whether the court erred in allowing the expert witness to testify without her notes and denying the defendant the right to review the notes as part of…
18-8216 Zavia L. Johnson v. United States Third Circuit 2019-03-01 Denied Response WaivedIFP appellate-review clearly-erroneous clearly-erroneous-standard law-enforcement-officer law-enforcement-testimony scott-v-harris standard-of-review testimony video-evidence videotape videotape-evidence Does a federal courts of appeals misapply the clearly erroneous standard of review when it upholds a district court's crediting of a law enforcement o…
18-8111 Rossahn Black v. United States Sixth Circuit 2019-02-22 Denied Response WaivedIFP bullcoming confrontation confrontation-clause evidence-admissibility expert-witness forensic-evidence forensic-testimony melendez-diaz melendez-diaz-precedent ninth-circuit-interpretation sixth-amendment testimony Whether this Court's decision in Melendez-Diaz v. Massachusetts and Bullcoming v. New Mexico created a bright line rule excluding the testimony of an …
18-7434 Christopher Adin Graham v. United States Ninth Circuit 2019-01-15 Denied Response WaivedIFP 28-usc-2253 appellate-procedure certificate-of-appealability closing-argument counsel-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-standard prejudice testimony Whether the court of appeals correctly denied petitioner a certificate of appealability under 28 U.S.C. 2253(c) on his ineffective-assistance-of-couns…
18-7324 Roberto Gil v. Florida Florida 2019-01-09 Denied IFP arrest confidential-informant contingent-fee due-process forfeiture fourteenth-amendment law-enforcement testimony Whether a confidential informant's contingent fee arrangement with police violates due process rights?
18-7190 Zachary Q. Wicks v. Jon H. Radnothy, et al. Florida 2018-12-27 Denied IFP appeal constitutional-rights due-process evidence fourteenth-amendment judicial-procedure medical-malpractice statute-of-limitations testimony trial-court Did the trial court deny Petitioner's due-process rights when it refused to allow testimony or review evidence presented in support of Petitioner's as…
18-6824 Martavious Detrel Banks Keys v. United States Fifth Circuit 2018-11-26 Denied Response WaivedIFP 349 U.S. 81 (1955) on double-jeopardy bell-v-united-states congressional-intent criminal-procedure double-jeopardy fifth-amendment law-enforcement mens-rea multiple-punishments single-statute testimony Whether the Fifth Circuit violated this Court's holding in Bell v. United States, 349 U.S. 81 (1955), that there must be a showing of congressional in…
18-6305 Igor Polshyn v. United States Eleventh Circuit 2018-10-12 Denied Response WaivedIFP constitutional-law criminal-procedure due-process evidence reversal right-to-testify structural-error testimony Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutional…
18-5242 Kenneth Martin, Jr. v. United States Fifth Circuit 2018-07-16 Denied Response WaivedIFP burden-of-proof co-conspirator co-conspirator-testimony corroboration corroboration-requirement criminal-conviction criminal-procedure due-process evidence evidentiary-standard fifth-circuit-law plea-bargain sentencing testimony witness-credibility Whether the Fifth Circuit's law that allows a conviction based solely on the uncorroborated testimony of a co-conspirator should be abandoned, or at l…
18-5195 Steven Anthony Alvarez v. M. Eliot Spearman, Warden Ninth Circuit 2018-07-10 Denied Response WaivedIFP 14th-amendment 5th-amendment california-law constitutional-vagueness criminal-law due-process evidence great-bodily-injury jury-instructions prosecutorial-misconduct testimony vagueness Whether petitioner was denied due process of law when prosecutor misstated law, misstated testimony, and misstated evidence to the jury
18-5183 Christopher M. Holmes v. United States Eighth Circuit 2018-07-10 Denied Response WaivedIFP court-security-officer due-process grand-jury ineffective-assistance-of-counsel plea-bargaining right-to-be-present right-to-confrontation right-to-counsel solitary-confinement standing testimony Whether the standard for ineffective assistance of counsel has been met when court-appointed trial counsel admits that she failed to confer with the c…
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…