third-party-culpability

11 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A645 Julius Jarreau Moore v. Arizona Arizona 2025-12-03 Application capital-murder due-process ineffective-assistance sixth-amendment strickland-standard third-party-culpability Whether the Sixth Amendment right to effective assistance of counsel was violated by trial counsel's failure to investigate and present third-party cu…
24-5106 Stoney Prior v. United States Ninth Circuit 2024-07-18 Denied Response WaivedIFP appellate-review appellate-standard-of-review circuit-split criminal-defendant-rights criminal-defense jury-instruction jury-instructions reasonable-doubt recognized-defenses third-party-culpability Is a criminal defendant entitled to a jury instruction on any recognized defense supported by the evidence?
23-6112 Derek Paul Smyer v. Bryan D. Phillips, Acting Warden Ninth Circuit 2023-11-28 Denied Response WaivedIFP administrative-law appellate-review certificate-of-appealability civil-procedure civil-rights due-process equal-protection habeas-corpus judicial-discretion ninth-circuit standing third-party-culpability Whether the United States Ninth Circuit Court of Appeals erred when it failed or refused to apply the correct legal standard in evaluating the plainti…
21-8085 Frank Jarvis Atwood v. Arizona Arizona 2022-06-08 Denied IFP brady-v-maryland brady-violation constitutional-rights due-process exculpatory-evidence material-evidence material-exculpatory-evidence materiality-analysis prosecutorial-misconduct third-party-culpability Did the State withhold material exculpatory evidence in violation of Brady v. Maryland?
21-7780 Selvin Orlando Carranza v. California California 2022-05-05 Denied Response WaivedIFP 4th-amendment 8th-amendment brady-violation constitutional-rights due-process exculpatory-evidence impeachment-evidence police-misconduct prosecutorial-misconduct third-party-culpability Whether a prosecutor's failure to disclose exculpatory and impeachment evidence related to a police officer's prior criminal conduct violates the defe…
21-1072 Steven Carrol DeMocker v. Arizona Arizona 2022-02-02 Denied Response Waived constitutional-rights criminal-defense due-process effective-assistance-of-counsel federal-question implausible-defense ineffective-assistance-of-counsel legal-strategy right-to-counsel third-party-culpability Whether offering an implausible third-party culpability defense violates a defendant's right to the effective assistance of counsel
21-6998 Robert Lars Pape v. California California 2022-01-31 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion right-to-present-defense standard-of-review third-party-culpability Does the Constitution permit the exclusion of a defendant's presentation of substantial evidence of third-party culpability simply because the court b…
20-8265 John Licausi v. New York New York 2021-06-09 Denied IFP altered-evidence bias-conflict-of-interest civil-verdict collateral-proceeding due-process judicial-bias newly-discovered-evidence right-to-present-defense sixth-amendment third-party-culpability Whether a hearing in a collateral proceeding was required to determine trial Judge's neutrality
19-6151 Ahmed Ali v. Tammy Foss, Acting Warden, et al. Ninth Circuit 2019-10-03 Denied Response RequestedRelisted (2)IFP appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-rights due-process habeas-corpus jury-instruction jury-instructions third-party-culpability trial-court Whether the Court of Appeals erred in denying a Certificate of Appealability on his claim that he was denied his right to present a defense
18-8993 Frederick R. Cote v. Debbie Asuncion, Warden Ninth Circuit 2019-04-25 Denied IFP actual-innocence certificate-of-appealability false-evidence false-testimony habeas habeas-corpus ineffective-assistance life-without-parole third-party-culpability Is the low threshold for a certificate of appealability (COA) met on a freestanding claim of actual innocence"
18-8403 Sergio Caballero v. United States Ninth Circuit 2019-03-12 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence evidence-exclusion fifth-amendment habeas-corpus third-party-culpability Whether the district court violated Petitioner's Fifth Amendment rights by failing to allow evidence of third-party culpability