trial-counsel

257 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6725 Shawn D. Powell v. Fidencio Guzman, Warden Ninth Circuit 2026-02-05 Pending IFP closing-argument habeas-corpus ineffective-assistance strickland-standard trial-counsel witness-credibility During closing argument at Petitioner Shawn Powell's trial, his trial counsel unreasonably conceded Powell's guilt of vandalism and violation of a pro…
25-6166 Gregory P. Burleson v. United States Ninth Circuit 2025-11-19 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance ninth-circuit trial-counsel Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability ("COA") consistent with the standards set by 28 U.S.C. § 2253(c)(…
25-6120 In Re Steven Michael Backstrom 2025-11-14 Dismissed IFP cruel-unusual-punishment due-process fourteenth-amendment habeas-corpus ineffective-assistance trial-counsel 1- a) Does a failure by trial counsel to investigate known-to-be material facts and/or witnesses, constitute federally defined ineffective assistanc…
25-6042 Calvin Shaw v. United States District of Columbia 2025-11-06 Denied Response WaivedIFP alibi-witnesses appellate-review criminal-procedure government-witnesses ineffective-assistance trial-counsel I- DID THE COURT OF APPEALS ERR WHEN IT DID NOT FIND TRIAL COUNSELS REPRESENTATION OF MR. SHAW INEFFECTIVE BASED ON HIS FAILURE TO CALL ALIBI WITNESSE…
25-6040 Gustavo Tijerina Sandoval v. Texas Texas 2025-11-05 Denied Response WaivedIFP due-process harmless-error jury-trial sixth-amendment state-law trial-counsel 1. May a state court that reaches and decides an asserted violation of the Sixth Amendment right to jury trial that has not been waived or forfeited u…
25-5653 Oren Lewis v. Brand Huffman, Superintendent, South Mississippi Correctional Institution Fifth Circuit 2025-09-16 Denied Response WaivedIFP constitutional-rights exculpatory-evidence fair-trial ineffective-assistance juror-bias trial-counsel Whether a defendant was deprived of a fair trial due to juror concealment of relationships and ineffective assistance of counsel's failure to investig…
25-5396 Gregory K. Parks v. Jamie Bullard, Warden Fourth Circuit 2025-08-19 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions trial-counsel Does a state prisoner's conviction violate due process when trial counsel provides ineffective assistance through erroneous jury instructions
25-5264 Craig Alan Sandhaus v. Florida Florida 2025-08-04 Denied Response WaivedIFP fourteenth-amendment ineffective-assistance jury-instruction nondeadly-force sixth-amendment trial-counsel Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated when his trial attorneys failed to request a jury instruction on the just…
24-7395 In Re Isaac Gray 2025-06-10 Denied IFP brady-violation conflict-of-interest ineffective-assistance peremptory-challenges prosecutorial-misconduct trial-counsel Did the State court err in denying trial counsel's effectiveness in multiple instances, including challenging peremptory challenges, filing sentence m…
24-7302 Sterling Atkins, Jr. v. Jeremy Bean, Warden, et al. Ninth Circuit 2025-05-28 Denied IFP burden-of-proof criminal-procedure due-process ineffective-assistance strickland-standard trial-counsel Can a claim of ineffective assistance of counsel be denied on the basis of an alleged failure to show what trial counsel did rather than what they fai…
24-7190 Danny Lee Jones v. Ryan Thornell, Director, Arizona Department of Corrections Ninth Circuit 2025-05-13 Dismissed IFP cumulative-prejudice habeas-corpus ineffective-assistance sixth-amendment strickland-standard trial-counsel Whether the Sixth Amendment requires a court reviewing an ineffective assistance-of-counsel claim to consider the cumulative prejudice stemming from t…
24-7063 Randy W. Duck v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2025-04-23 Denied Response WaivedIFP eighth-circuit ineffective-assistance juror-impartiality jury-bias prosecutorial-bias trial-counsel Whether the Eighth Circuit erred in deferring to lower court findings regarding trial counsel's failure to remove a potentially biased juror who serve…
24-7030 Moises Sandoval Mendoza v. Texas Texas 2025-04-18 Denied IFP constitutional-rights criminal-defendant habeas-corpus ineffective-assistance state-law trial-counsel Whether a criminal defendant has a right to effective habeas counsel to assert a claim of ineffective assistance of trial counsel where, by operation …
24-6968 Willie Rodriquez Jones v. Texas Texas 2025-04-10 Denied IFP due-process jury-trial professional-misconduct structural-error trial-counsel trial-jurisdiction Whether the trial court lacked jurisdiction due to structural error when it failed to address professional misconduct of trial counsel before or durin…
24-1071 Jose Angel Garcia v. New Mexico, et al. New Mexico 2025-04-10 Denied Response Waived criminal-procedure ineffective-assistance jury-instruction medical-evidence sixth-amendment trial-counsel Whether Petitioner Garcia's Sixth Amendment right to counsel was deprived by his trial attorney's failure to present exculpatory evidence and challeng…
24-6542 William Michael Dennis v. Chance Andes, Acting Warden Ninth Circuit 2025-02-11 Denied Response WaivedIFP due-process ineffective-assistance insanity-defense mental-state strickland-standard trial-counsel Whether the Court of Appeals incorrectly found trial counsel ineffective when failing to present a mental state and insanity defense
24A713 Matthew Lee Flowers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-01-22 Presumed Complete confrontation-clause constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to adequately investigate…
24-6199 Leon Paul Kavis, Jr. v. United States Ninth Circuit 2024-12-26 Denied Response WaivedIFP appeal-consultation certificate-of-appealability constitutional-duty flores-ortega ineffective-assistance trial-counsel Could reasonable jurists debate that trial counsel's constitutional duty to consult with a defendant on whether to file an appeal pursuant Rose v. Flo…
24-6125 Nathan Rivera v. Brian Cates, Warden Ninth Circuit 2024-12-11 Denied Response WaivedIFP district-court habeas-corpus inadmissible-testimony ineffective-assistance murder-trial trial-counsel Whether the district court erred in denying the petition for a writ of habeas corpus where Petitioner's trial counsel provided ineffective assistance …
24A545 Bartholomew Granger v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-12-04 Presumed Complete capital-murder constitutional-deficiency critical-stage ineffective-assistance sixth-amendment trial-counsel Whether the Sixth Amendment right to effective assistance of counsel requires reversal of a capital murder conviction where trial counsel allegedly pr…
24-6022 Leonard Contreras Sandoval v. Jamie Miller, Superintendent, Snake River Correctional Institution Ninth Circuit 2024-11-22 Denied Response WaivedIFP constitutional-review habeas-corpus ineffective-assistance prejudice-analysis strickland-standard trial-counsel Whether a state court unreasonably applies the Strickland standard when evaluating habeas petitioner's ineffective assistance of counsel claim by fail…
24-5990 Darius Rush v. James Corrigan, Warden Sixth Circuit 2024-11-19 Denied Response WaivedIFP brady-violation constitutional-rights criminal-procedure due-process evidence-suppression trial-counsel Whether a criminal defendant's constitutional rights were violated when trial counsel failed to challenge potentially coerced evidence and suppressed …
24A491 Stephen C. Stanko v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. Fourth Circuit 2024-11-18 Presumed Complete conflict-of-interest expert-services habeas-corpus ineffective-assistance trial-counsel waiver Whether an actual conflict of trial counsel that adversely affects representation can be validly waived without fully advising the client of the conse…
24A457 Tony Lamons Gooch III v. Tennessee Tennessee 2024-11-06 Presumed Complete constitutional-error criminal-procedure ineffective-assistance post-conviction-relief sixth-amendment trial-counsel Whether the Sixth Amendment requires a state court to allow a criminal defendant to fully litigate ineffective assistance of counsel claims when the t…
24-5788 Nico Allen-Antonio Cogdill v. Texas Texas 2024-10-18 Denied Response WaivedIFP collateral-review constitutional-right habeas-corpus ineffective-assistance procedural-due-process trial-counsel Whether a prisoner has a right to effective counsel in collateral proceedings which provide the first occasion to raise a claim of ineffective assista…
24-371 Troy Thomas York v. Arizona Arizona 2024-10-02 Denied Response Waived collateral-review constitutional-rights due-process fourteenth-amendment ineffective-assistance trial-counsel Does the Fourteenth Amendment confer the right to effective assistance of first collateral review counsel for ineffective assistance of trial counsel …
24-5640 Mark Watkins v. New York New York 2024-09-26 Denied Response WaivedIFP deficient-performance ineffective-assistance prejudice-analysis reasonable-probability strickland-standard trial-counsel Whether a single error by trial counsel must satisfy Strickland's deficient-performance and reasonable-probability-prejudice standards or a heightened…
24-5592 Deshawn Andrew Boylan v. Michael Burgess, Warden Sixth Circuit 2024-09-20 Denied Response WaivedIFP collateral-estoppel habeas-corpus ineffective-assistance sentencing-findings sixth-circuit trial-counsel Whether the Sixth Circuit erroneously reversed the District Court's grant of habeas relief based on trial counsel's ineffective assistance in failing …
24-5527 Adrian Mahdee Akram v. James Corrigan, Warden Sixth Circuit 2024-09-12 Denied Response WaivedIFP alibi-defense constitutional-rights ineffective-assistance sixth-amendment strickland-standard trial-counsel Whether Adrian Akram's conviction violated his Sixth Amendment right to effective assistance of counsel under Strickland v. Washington by failing to c…
24-5508 Jason J. Dominick v. Tina Walker, Superintendent, State Correctional Institution at Fayette Third Circuit 2024-09-10 Denied Relisted (2)IFP blood-pattern-analysis forensic-evidence ineffective-assistance prejudice-analysis strickland-standard trial-counsel Whether the lower courts applied an erroneous standard for determining prejudice under Strickland v. Washington when assessing the impact of trial cou…
24-5464 Jeromy Schiedenhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-09-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence-sufficiency ineffective-assistance trial-counsel Whether Texas counsel fails to adequately challenge insufficient evidence and provide ineffective assistance of counsel in violation of U.S. Constitut…
24-5385 Marc Anthony Colon v. Nethanjah Breitenbach, Warden, et al. Ninth Circuit 2024-08-23 Denied Response WaivedIFP certificate-of-appealability due-process ineffective-assistance ninth-circuit trial-counsel witness-preparation Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability (COA) for review of ineffective assistance of trial counsel claim…
24-200 Hamett Diaz v. Pennsylvania, et al. Third Circuit 2024-08-22 Denied criminal-conviction due-process hearsay-testimony ineffective-assistance trial-counsel witness-testimony Whether the Third Circuit erred in failing to find that trial counsel provided ineffective assistance by not objecting to inadmissible hearsay testimo…
24-5290 Kevin Duane Stunes v. Colorado Colorado 2024-08-09 Denied Response WaivedIFP constitutional-rights due-process ineffective-assistance postconviction-review trial-counsel voluntary-intoxication When a state regulates a claim of ineffective assistance of trial counsel, does due process require that a defendant be allowed the opportunity to dev…
24-5168 Edward Nicholas Reeder v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-07-30 Denied IFP certificate-of-appealability court-order final-order habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-procedure motion-disposition motion-to-withdraw-plea plea-withdrawal trial-counsel voluntary-dismissal Was trial counsel ineffective for failing to object and request that the lower court to address the disposition of Reeder's motion to withdraw plea by…
24-5102 Alexi Hinojosa Matos v. Texas Texas 2024-07-18 Denied IFP appointment-of-counsel criminal-procedure due-process habeas-corpus miscarriage-of-justice prosecutorial-misconduct sixth-amendment trial-counsel writ-application Ineffective-assistance-of-counsel
23-7764 Leon Davis, Jr. v. Florida, et al. Florida 2024-06-20 Denied IFP bad-acts ballistics-evidence capital-case criminal-evidence criminal-procedure-ineffective-assistance-of-couns ineffective-assistance other-crimes-evidence postconviction-review prejudice strickland-standard strickland-v-washington trial-counsel Whether the Strickland standard should be applied in favor of the defendant in a case with no direct evidence connecting the defendant to the crime ex…
23-7709 Percy Leroy Jacobs v. United States Fourth Circuit 2024-06-13 Denied Response WaivedIFP bradshaw-v-stumpf criminal-penalties due-process right-to-counsel sixth-amendment speedy-trial speedy-trial-act trial-counsel von-moltke-v-gillies waiver whether-defendant-must-understand-elements-of-charged-offenses
23-7699 Levoyd A. Jones v. Angela Hunsinger-Stuff, Warden Sixth Circuit 2024-06-12 Denied IFP 6th-amendment brady-violation criminal-procedure direct-evidence due-process evidence ineffective-assistance jurisdiction sixth-amendment trial-counsel uncharged-crime witness-impeachment Whether evidence of an uncharged crime can be used as direct evidence
23A1088 Anthony Mungin v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-06-06 Presumed Complete constitutional-review criminal-procedure death-penalty habeas-corpus ineffective-assistance trial-counsel Whether the Eleventh Circuit applied an unreasonable standard in evaluating claims of ineffective assistance of counsel in a death penalty case involv…
23A1049 Meko R. Walker v. United States Fifth Circuit 2024-05-23 Presumed Complete constitutional-rights criminal-procedure ineffective-assistance right-to-testify sixth-amendment trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to inform the defendant o…
23-7509 Thomas J. Moore v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-05-20 Denied IFP burden-of-proof capital-case criminal-procedure due-process fair-trial ineffective-assistance prosecutorial-misconduct religious-arguments testimonial-evidence trial-counsel Ineffective-assistance-of-counsel
23-7514 Christopher E. Glass v. Illinois Illinois 2024-05-20 Denied Response WaivedIFP 5th-amendment civil-rights constitutional-rights due-process exculpatory-evidence fair-trial government-misconduct ineffective-assistance ineffective-assistance-of-counsel miranda-rights trial-counsel Whether the Court should allow into evidence, over Petitioner's objection, statements made by Petitioner during interrogation by police, where Petitio…
23-7420 In Re Steven Michael Backstrom 2024-05-08 Denied IFP civil-rights due-process fraud habeas habeas-corpus ineffective-assistance-of-counsel trial-counsel truth-seeking-process Does a failure by trial counsel to investigate known-to-be material facts and/or witnesses constitute federally defined ineffective assistance of coun…
23-7150 Elana Gordon v. Massachusetts Massachusetts 2024-04-05 GVR Response RequestedResponse WaivedRelisted (4)IFP confrontation-clause criminal-procedure criminal-trial expert-testimony expert-witness forensic-evidence forensic-testimony right-to-counsel sixth-amendment trial-counsel Whether the Confrontation Clause permits the prosecution to present testimony by a substitute forensic expert conveying testimonial statements of a no…
23-1048 Michael Kellywood v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2024-03-22 Denied Response Waived counseling-records due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-records sixth-amendment trial-counsel Whether the denial of Mr. Kellywood's writ of habeas corpus regarding ineffective representation of trial counsel when failing to sufficiently researc…
23-1036 Robert John Dodd v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-19 Denied constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Whether trial counsel was ineffective for failing to object on Double Jeopardy grounds to nine identical carbon copy indictments
23-6865 Justus Onyiego v. Tennessee Tennessee 2024-02-29 Denied IFP constitutional-rights criminal-procedure due-process evidence ineffective-assistance post-conviction right-to-counsel right-to-testify trial-counsel Was trial counsel ineffective?
23-6721 Jerry Scott Heidler v. Shawn Emmons, Warden Eleventh Circuit 2024-02-12 Denied IFP actual-conflict-of-interest certificate-of-appealability eleventh-circuit habeas habeas-corpus martinez-v-ryan mental-competency mental-incompetence procedural-dismissal trial-counsel Whether the Eleventh Circuit imposed an erroneously high standard when it denied a COA to address the petitioner's claims
23A635 Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-01-09 Presumed Complete impartial-jury ineffective-assistance juror-bias sixth-amendment trial-counsel voir-dire Whether a criminal defendant's Sixth Amendment right to an impartial jury is violated when a juror with a potential familial connection to a witness i…
23-6344 Michael Broomer v. Delaware Delaware 2023-12-26 Denied IFP civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct racial-discrimination sixth-amendment trial-counsel Questions Presented
23-641 Daisy Miller v. United States Eleventh Circuit 2023-12-14 Denied Response Waived constitutional-rights criminal-defense criminal-procedure due-process independent-investigation ineffective-assistance ineffective-assistance-of-counsel investigation-failure trial-counsel witness-testimony Whether trial counsel's near total reliance on the defendant's characterization of proposed defense witnesses' testimony, and the failure to conduct m…
23-6207 Ottis J. Cummings Jr., aka Ottis Junior Cummings, aka Otis Cummings, aka Ottis J. Commings, aka Otis J. Cummings v. Mississippi Mississippi 2023-12-08 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance plea-negotiations sex-discrimination standing trial-counsel Whether the Court denied Petitioner due process proceedings due to allegedly McKay's sex?
23-6139 Milton Dwayne Gobert v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-30 Denied IFP client-instructions habeas-corpus ineffective-assistance ineffective-assistance-of-counsel per-se-rule sixth-amendment strickland-standard strickland-v-washington substitution-of-counsel trial-counsel trial-strategy Does this Court's clearly established precedent under Strickland v. Washington permit lower courts to hold that trial counsel's performance categorica…
23-6101 Kevin E. Chace v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2023-11-22 Denied Response WaivedIFP appeals constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standards-of-review trial-counsel WHETHER PETITIONER SHOULD BE ENTITLED TO CERTIORARI REVIEW BASED ON MULTIPLE ERRORS OF TRIAL COUNSEL THAT OCCURRED WHILE LITIGATING PETTIONER'S CASE
23-5677 Rodtravion Woods v. Brian Cates, Warden Ninth Circuit 2023-09-29 Denied Response WaivedIFP constitutional-rights credibility credibility-challenge effective-assistance-of-counsel government-witness habeas-corpus impeachment-evidence ineffective-assistance prejudice sixth-amendment trial-counsel Was petitioner prejudicially denied his constitutional right to the effective assistance of counsel
23-321 Jerry J. Davis, Jr. v. United States Sixth Circuit 2023-09-27 Denied Response Waived certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland strickland-standard trial-counsel Whether the District Court and Sixth Circuit Erred When Both Found That Mr. Davis Was Not Entitled to the Issuance of a Certificate of Appealability f…
23-5509 Vincent D. White, Jr. v. Michael Phillips, Warden Sixth Circuit 2023-09-01 Denied Response WaivedIFP adverse-effect concurrent-conflict conflict-of-interest constitutional-rights criminal-defense criminal-procedure due-process habeas-corpus hearsay-evidence ineffective-assistance 23-5508" mickens-standard post-conviction-relief sixth-amendment state-court trial-counsel Whether a state court's denial of post-conviction Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultaneous…
23-5227 Luis Roman v. Illinois Illinois 2023-07-27 Denied IFP abuse-of-discretion civil-rights criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-counsel Why were the defendant indicted and tried at a bench trial in violation of 725 ILCS 5/109-3?
23-5003 Monty J. Banister v. Kansas Kansas 2023-06-30 Denied Response WaivedIFP criminal-procedure duty-to-consult effective-assistance-of-counsel ineffective-assistance notice-of-appeal post-conviction-relief roe-v-flores-ortega sixth-amendment trial-counsel Does this Court's decision in Roe v. Flores-Ortega establish a rebuttable presumption of Sixth Amendment duty to consult client post-conviction?
22-7803 Aaron Joel Oliphant v. Montana Montana 2023-06-16 Denied Response WaivedIFP appeal criminal-procedure due-process expert-consultation ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel Did the Montana Supreme Court incorrectly apply Strickland?
22-7712 Gustavo Xavier v. Patricia Thompson, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2023-06-05 Denied IFP coerced-confession due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice murder-weapon right-to-effective-counsel suppression-of-evidence third-circuit-review trial-counsel Whether the Third Circuit erred in finding that Xavier was not prejudiced by his trial counsel's failure to conduct any type of investigation knowing …
22-1139 Victor Santana v. Texas Texas 2023-05-23 Denied Response RequestedRelisted (2) bolstering-evidence criminal-appeal criminal-procedure hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-bad-act-evidence prior-bad-acts trial-counsel Did the Court of Criminal Appeals err in finding that trial counsel's errors did not amount to ineffective-assistance-of-counsel?
22-7468 Donatus O. Mbanefo v. United States Eleventh Circuit 2023-05-05 Denied Response WaivedIFP 14th-amendment constitutional-deficiency criminal-procedure due-process equal-protection minority-rights selective-prosecution sixth-amendment trial-counsel Whether the lower courts erred by lending themselves to a prosecution that intentionally selected minority physicians for prosecution in violation of …
22-7348 Joel Suarez v. Chris Brewer, Warden Eighth Circuit 2023-04-21 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining right-to-counsel sixth-amendment trial-counsel Whether the petitioner received ineffective assistance of counsel due to counsel's failure to obtain an interpreter, ineffective performance in the pl…
22-997 Andrew Lewis v. Texas Texas 2023-04-13 Denied criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony prejudice-analysis standard-of-review strickland-standard strickland-v-washington trial-counsel Whether the TCCA failed to conduct the 'probing and fact-specific' prejudice analysis required by Strickland v. Washington
22-7195 Jerry Lynn McGavitt v. Texas Texas 2023-04-05 Denied Response WaivedIFP 14th-amendment 6th-amendment collateral-proceedings collateral-review constitutional-right due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel trial-counsel Whether a prisoner has a right to effective counsel in collateral proceedings which provide the first occasion to raise a claim of ineffective assista…
22-7158 Reginald Langston Luster v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-03-30 Denied Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-testify stand-your-ground trial-counsel whether-petitioner-luster-is-entitled-to-a-certificate-of-appealability
22-7008 Heath R. Barker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-14 Denied Response WaivedIFP certificate-of-appealability child-sexual-abuse forensic-interview forensic-interviews habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Was Petitioner entitled to a certificate of appealability on his claim of ineffective assistance of counsel?
22-866 John Franklin Bell, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-13 Denied thus requiring a COA and plenary consideration by certificate-of-appealability dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice standard-of-review trial-counsel Are petitioner's due process and ineffective assistance of counsel claims debatable among reasonable jurists, thus requiring a COA and plenary conside…
22-6923 In Re Jesse Brown 2023-03-03 Denied IFP actual-innocence constitutional-claim defense-theory evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-trial-counsel legal-default post-conviction-relief standard-of-review trial-counsel Whether the Petitioner is entitled to a 'actual innocence' defense theory
22-841 Christopher H. West v. Robert May, Warden, et al. Third Circuit 2023-03-03 Denied Response Waived 6th-amendment constitutional-rights cronic-standard due-process habeas-corpus ineffective-assistance sandin-v-conner sixth-amendment strickland-v-washington trial-counsel Question not identified
22-834 Harshad Shah v. United States Ninth Circuit 2023-03-02 Denied Response Waived buck-v-davis certificate-of-appealability cultural-bias cultural-predisposition habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel racial-animus trial-counsel Whether the Ninth Circuit's refusal to issue a certificate of appealability categorically ignored the petitioner's habeas issues and conflicted with S…
22-6696 Rudy Garcia v. Texas Texas 2023-02-03 Denied IFP constitutional-rights criminal-appeals due-process equal-protection habeas-corpus ineffective-assistance-of-counsel legal-standards precedent prosecutorial-misconduct supreme-court-precedent trial-counsel Does the Texas Court of Criminal Appeals' dismissal of Petitioner's habeas claim conflict with their previous decision of a similar claim?
22-6565 Cristian Santa v. Massachusetts Massachusetts 2023-01-18 Denied Response WaivedIFP expert-opinion expert-testimony factual-investigation ineffective-assistance ineffective-assistance-of-counsel kolenovic-precedent massachusetts-jurisprudence right-to-counsel sixth-amendment trial-counsel Has Massachusetts jurisprudence, particularly the expansion of Commonwealth v. Kolenovic, 471 Mass. 664 (2015), run afoul of the Sixth Amendment by ru…
22-587 Maurice Andrews v. District Attorney of Montgomery County, Pennsylvania, et al. Third Circuit 2022-12-27 Denied due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice-standard sixth-amendment structural-error trial-counsel Whether a habeas petitioner who receives a jury instruction that does not contain any of the essential elements of the offense must show prejudice
22-6357 Clifton Raye v. Tim Hooper, Warden Fifth Circuit 2022-12-20 Denied Response WaivedIFP 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Was Petitioner's rights under 6th Amendment to the United States Constitution violated when trial counsel was ineffective?
22-6240 Robert Dale Hines v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-12-07 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence-tampering fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment trial-counsel Whether the Court violated the petitioner's constitutional rights, including due process and effective assistance of counsel
22-6232 Trevor Jim Bishop v. California California 2022-12-06 Denied IFP due-process evidence hearsay other-acts other-acts-evidence procedural-error procedure prosecutorial-misconduct trial-counsel waiver Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proced…
22-6156 Peter Ivan McNeal v. Dean Borders, Warden Ninth Circuit 2022-11-28 Denied Response WaivedIFP criminal-procedure due-process eighth-amendment evidentiary-hearing exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel memory-expert taint-expert trial-counsel Whether the prosecution presented sufficient evidence to sustain the conviction
22-6150 Walter Raglin v. Tim Shoop, Warden Sixth Circuit 2022-11-23 Denied IFP capital-murder capital-punishment closing-arguments criminal-procedure ineffective-assistance procedural-bar res-judicata state-procedural-bar trial-counsel voir-dire Whether a capital defendant is deprived of the effective assistance of trial counsel
22-5994 Kevin Leon Lucien v. Texas Texas 2022-11-04 Denied IFP criminal-procedure duty-to-investigate ineffective-assistance ineffective-assistance-of-counsel mental-health mitigating-evidence punishment standard-of-review trial-counsel voluntary-intoxication Was trial counsel ineffective for failing to investigate and present evidence of voluntary intoxication as mitigating evidence at punishment?
22-5643 Derek Lee Casey, Jr. v. Texas Texas 2022-09-21 Denied IFP conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining sentencing trial-counsel Whether the trial court and the court of criminal appeals erred by neglecting to address the amended ground in the findings of facts and conclusions o…
22-5602 Edward Ellis, III v. Missouri Missouri 2022-09-19 Denied Response WaivedIFP constitutional-standard ineffective-assistance ineffective-assistance-of-counsel legal-argument missouri-law prejudice reasonable-strategy sixth-amendment trial-counsel witness-testimony Whether trial counsel can be held to have an objectively reasonable strategy in not making a legal argument when he never considered that legal argume…
22-5523 Lawrence Gaines v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. Third Circuit 2022-09-08 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions no-adverse-inference strategic-decision trial-counsel Whether the court of appeals erred in reversing the district court's decision that trial counsel was ineffective for failing to object to the omission…
22-146 Tracy Smith v. Georgia Georgia 2022-08-16 Denied Response Waived constitutional-law constitutional-rights criminal-procedure ineffective-assistance-of-counsel jury-instruction jury-instructions non-unanimous-verdict sixth-amendment trial-counsel Whether it is a violation of the Sixth Amendment for trial counsel to fail to object to a jury instruction that sanctioned a non-unanimous verdict
22-5283 Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-08-04 Denied Response WaivedIFP consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy Whether trial counsel's Sixth Amendment duties require affirmative assistance in guilty-plea decision
22-5165 Daniel Boos v. Jermaine White, Warden Eleventh Circuit 2022-07-22 Denied Response WaivedIFP constitutional-rights criminal-procedure cumulative-error cumulative-prejudice due-process effective-assistance-of-counsel ineffective-assistance sixth-amendment trial-counsel trial-errors Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to multiple errors by trial counsel, which cumulati…
22-5115 Michael Kennedy v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-15 Denied IFP consent constitutional-rights criminal-procedure defendant-consent due-process fourteenth-amendment right-to-counsel sixth-amendment trial-counsel Does the Sixth and Fourteenth Amendments require that before a trial counsel can concede a defendant's guilt, trial counsel must first consult with th…
22-5070 Lane Walker Waldron v. Texas Texas 2022-07-12 Denied IFP attorney-credibility constitutional-rights conviction-reversal habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias sixth-amendment trial-counsel Whether petitioner was denied Sixth Amendment right to effective assistance of counsel
22-5047 Jermaine Blackwell v. Jeff Nines, Warden, et al. Fourth Circuit 2022-07-07 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance plea-bargain plea-bargaining right-to-counsel sentencing trial-counsel trial-strategy Ineffective-assistance-of-counsel
21-8263 John Matthias Watson, III v. Nevada Nevada 2022-06-29 Denied IFP capital-murder criminal-procedure defendant-autonomy mccoy-precedent mccoy-v-louisana right-to-autonomy sixth-amendment trial-counsel unauthorized-concession Is it a concession of guilt by trial counsel which violated Mr. Watson's longstanding right to autonomy and the Sixth Amendment holding of McCoy v. Lo…
21-7892 Abdul Samuels v. United States District of Columbia 2022-05-17 Denied Response WaivedIFP conflict-of-interest court-of-appeals due-process ineffective-assistance remand representation right-to-counsel sixth-amendment trial-counsel Did the court of appeals err in denying Petitioner—whose trial counsel had a conflict of interest because his child was applying for a job at the U.S.…
21-7481 Timothy K. Prince v. Michigan Michigan 2022-03-28 Denied IFP appellate-review evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-bias michigan-supreme-court neglected-issues pecuniary-interest procedural-default trial-counsel Did the Michigan Supreme Court err in refusing to review claims of judicial bias, ineffective assistance of trial and appellate counsel
21-7241 Darrell Johnson v. Pennsylvania Pennsylvania 2022-03-01 Denied Response WaivedIFP alibi-instruction evidence ineffective-assistance ineffective-assistance-of-counsel legal-error pennsylvania-state-court state-court stipulations trial-counsel Was the Pennsylvania State Court's ruling supported by the evidence and free from legal error when it held that Petitioner's trial counsel was not ine…
21-7061 John Lezell Balentine v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-04 Denied IFP capital-defendant capital-sentencing circuit-split due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence schriro-v-landrigan sentencing trial-counsel Under Schriro v. Landrigan, does a capital defendant forfeit his right to allege trial counsel's ineffectiveness for failing to adequately investigate…
21-7018 Jose Fuentes v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-02-01 Denied IFP character-evidence criminal-procedure deposition due-process ineffective-assistance ineffective-assistance-of-counsel insanity-defense medical-records subpoena trial-counsel witness-testimony Was counsel's failure to subpoena an important witness considered ineffective assistance of trial counsel?
21-6986 John Atlas, Jr. v. Patrick Covello, Warden Ninth Circuit 2022-01-27 Denied Response WaivedIFP criminal-street-gang criminal-threats due-process ineffective-assistance intent life-sentence mental-state mental-state-defense schizophrenia trial-counsel Whether Petitioner John Atlas, Jr. stated a prima facie case of ineffective-assistance-of-counsel
21-6846 Juan Jose Reynoso v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-01-13 Denied IFP certificate-of-appealability fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mitigation-evidence prejudice sixth-circuit supervisory-power tenth-circuit trial-counsel Whether the Fifth Circuit has departed from the accepted course of judicial proceedings
21-946 Michael Coscia v. United States Seventh Circuit 2021-12-28 Denied Response Waived 28-U.S.C-2255 adversely-affected conflict-of-interest Cuyler-v-Sullivan-446-U.S-335-1980 evidentiary-hearing ineffective-assistance Machibroda-v-United-States-368-U.S-487-1962 section-2255 supreme-court-precedent trial-counsel Whether a petitioner is entitled to an evidentiary hearing under 28-U.S.C-2255 to resolve his claim under Cuyler-v-Sullivan-446-U.S-335-1980
21-6721 Tyrone Anderson v. Delaware Delaware 2021-12-23 Denied IFP 14th-amendment 6th-amendment confrontation-clause due-process fair-trial hearsay ineffective-assistance ineffective-assistance-of-counsel post-conviction standard-of-review trial-counsel Does it constitute ineffective assistance of counsel to fail to object to a state's chief witness's testimony that a non-testifying declarant stated t…
21-6727 Zane Dickinson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-12-23 Denied Response WaivedIFP deficient-performance direct-appeal habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel legal-preservation prejudice prejudice-standard reasonable-probability trial-counsel Whether a federal habeas petitioner whose trial counsel performed deficiently by failing to preserve a meritorious issue for appeal satisfies the prej…
21-6672 Trevor Jim Bishop v. California California 2021-12-20 Denied IFP due-process evidence-code-section-1109 federal-rule-of-evidence-404(b) hearsay hearsay-evidence ineffective-assistance other-acts-evidence procedural-error prosecutorial-misconduct trial-counsel Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proced…
21-871 Louisiana v. David H. Brown Louisiana 2021-12-13 Denied capital-case death-penalty faretta-right faretta-v-california mccoy-v-louisiana self-representation structural-error trial-counsel Whether the Louisiana Supreme Court erred in vacating the three death sentences
21-6559 George Russell Kayer v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-12-08 Denied IFP capital-murder competency-determination direct-appeal due-process habeas-corpus ineffective-assistance-of-counsel mitigation-specialist sentencing-hearing trial-counsel Whether a state court's decision on direct appeal is based on an unreasonable determination of facts when it concludes that a defendant refused to coo…
21-6203 Michael Walker v. Josh Shapiro, Attorney General of Pennsylvania, et al. Third Circuit 2021-11-05 Denied IFP actual-innocence certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mcquiggin-v-perkins rule-60(b)(6) strickland-v-washington trial-counsel Whether the Third Circuit erred in holding that a petitioner asserting actual innocence in a Rule 60(b)(6) motion was not entitled to relief on the ba…
21-6151 Gary DuBose Terry v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2021-11-02 Denied IFP civil-rights due-process habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan post-conviction-review summary-judgment trial-counsel Whether a federal habeas court may summarily dismiss a petition alleging a substantial but defaulted claim of ineffective assistance of trial counsel …
21-6026 Barton R. Gaines v. Texas Texas 2021-10-20 Denied IFP brady-rule constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel post-conviction-relief strickland-standard trial-counsel Whether a defendant has a reasonable expectation that his trial counsel will comply with Strickland, or does that reasonable expectation evaporate upo…
21-5978 Derek Levert Hall v. United States Eleventh Circuit 2021-10-15 Denied IFP circuit-split criminal-procedure indigent-defendant pro-se pro-se-representation right-to-counsel sixth-amendment trial-counsel waiver Whether an indigent criminal defendant's waiver of trial counsel requires a clear and unequivocal request to proceed pro se
21-5943 Brandon Ward v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-12 Denied IFP 28-usc-2253 appellate-counsel certificate-of-appealability character-evidence ineffective-assistance ineffective-assistance-of-counsel trial-counsel use-of-force witness-testimony Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c)
21-5921 Shikisha Monet Tidmore v. Michigan Michigan 2021-10-06 Denied IFP admissibility constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel law-enforcement-statements legality pre-trial-investigation sixth-amendment trial-counsel voluntariness Whether Petitioner's constitutional rights have been violated under the United States Constitution VI Amendment
21-5786 Jerry R. Tippett v. John Myrick, Superintendent, Two Rivers Correctional Institution Ninth Circuit 2021-09-27 Denied Response WaivedIFP cause-and-prejudice free-standing-constitutional-claim habeas ineffective-assistance martinez-v-ryan trial-counsel Whether Martinez v. Ryan may be utilized to excuse the default of an ineffective assistance of trial counsel claim in § 2254 habeas proceedings
21-5742 Steven Wayne Isbel v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-23 Denied IFP civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standing trial-counsel Whether the 3rd Circuit Court of Appeals has entered a decision that is in direct conflict with United States Supreme Court precedent and in conflict …
21-5745 Juan Francisco Turcios v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-22 Denied IFP constitutional-violation due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-appeal right-to-counsel sentencing sentencing-stage trial-counsel Was reversible error committed when trial counsel abandoned petitioner during a critical stage of the trial
21-5751 Charles Elmer Kovary v. Willis Chapman, Warden Sixth Circuit 2021-09-22 Denied Response WaivedIFP alibi-witness constitutional-rights criminal-procedure dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief trial-counsel witness-testimony Was Appellate Counsel Ineffective for Failing to Raise Certain Claims?
21-5703 Mark French v. Frank B. Bishop, Jr., Warden, et al. Fourth Circuit 2021-09-17 Denied IFP constitutional-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-inquiry right-to-counsel trial-counsel trial-court-discretion Is it a constitutional violation when a trial court fails to inquire or address a defendant's written request about his concerns about his trial couns…
21-5567 Damond Dean v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-03 Denied IFP corroborating-evidence criminal-trial due-process ineffective-assistance reasonable-investigation strickland-standard strickland-v-washington therapist-testimony trial-counsel witness-credibility Question not identified
21-5446 Robert Carter v. Bernadette Mason, Superintendent, State Correctional Institution at Retreat, et al. Third Circuit 2021-08-23 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel maximum-penalty plea-bargaining sentencing third-degree-murder trial-counsel Whether trial counsel adequately and effectively assisted petitioner in deciding whether to accept a plea offer
21-5389 Juan J. Martinez v. Texas Texas 2021-08-18 Denied IFP admissible-evidence collateral-proceedings constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance probable-cause right-to-counsel search-and-seizure trial-counsel Whether the petitioner received ineffective assistance of trial counsel in excluding otherwise admissible evidence?
21-5360 Danta Omar Roberts v. United States Fourth Circuit 2021-08-12 Denied Response WaivedIFP criminal-procedure direct-appeal fourth-amendment fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-representation procedural-review standard-of-review trial-counsel Whether the Fourth Circuit erred by ruling that the record did not conclusively demonstrate any deficiencies in trial counsel's representation, and Mr…
21-5273 Jerry L. Wheeler v. Randall Hepp, Warden Seventh Circuit 2021-08-02 Denied IFP civil-rights constitutional-rights criminal-procedure defense-strategy due-process fair-trial prosecutorial-misconduct right-to-counsel right-to-notice trial-counsel witness-testimony Ineffective-assistance-of-counsel
21-5239 Kevin A. Craig v. O'Bell T. Winn, Warden Sixth Circuit 2021-07-28 Denied Response WaivedIFP appellate-counsel certificate-of-appealability district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-circuit sixth-circuit-court-of-appeals trial-counsel Did the sixth circuit court of appeals clearly err in its denial of petitioner's request for a certificate of appealability, when it assessed petition…
21-5093 Stephen Dale Barbee v. Texas Texas 2021-07-15 Denied IFP autonomy-right capital-defendant capital-punishment effective-assistance-of-counsel florida-v-nixon habeas-corpus habeas-review ineffective-assistance mccoy-v-louisiana sixth-amendment trial-counsel Whether the state court's decision to foreclose habeas review of a capital defendant's claim under McCoy v. Louisiana contravenes federal law
21-41 James Allen Jackson v. Texas Texas 2021-07-13 Denied Response Waived closing-argument constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-due-process racist-testimony right-to-silence trial-counsel wiccan-testimony Was petitioner denied effective-assistance-of-counsel,racist-testimony,wiccan-testimony,right-to-silence,closing-argument,prejudice
21-5089 Martin Thomas Lawrence v. United States Eighth Circuit 2021-07-13 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing sentencing-exposure sixth-amendment trial-counsel Whether, in light of trial counsel's express admission that he underestimated Petitioner's sentencing exposure if he went to trial, this Court should …
21-5015 Reginald Franklin v. Robert LeGrand, Warden, et al. Ninth Circuit 2021-07-06 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel ninth-circuit post-conviction post-conviction-relief reasonable-jurists trial-counsel Whether the Ninth Circuit clearly erred in denying Franklin's request for a certificate of appealability
21-5004 Bo Daniel Shafer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-02 Denied IFP appellate-review criminal-procedure district-court due-process habeas-corpus ineffective-assistance-of-counsel trial-counsel trial-procedure voir-dire witness-testimony Did the federal district court erroneously conclude that Bo Shafer's IAC claim regarding his trial counsel's performance during voir dire was without …
20-8270 Maurice A. Jackson v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2021-06-09 Denied Response WaivedIFP court-of-appeals criminal-procedure dna-testing evidence ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard standard-of-review trial-counsel witness-impeachment Did the third circuit court err in deferring to the Court of Common Pleas finding that Mr. Jackson was not prejudiced by trial counsel not having key …
20-8252 Timothy James Thompson v. Brandon Kelly, Superintendent, Oregon State Penitentiary Ninth Circuit 2021-06-08 Denied Response WaivedIFP default habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion martinez-v-ryan prejudice prejudice-standard trial-counsel trial-judge Whether when assessing prejudice to determine if the default of an ineffective assistance of trial counsel claim should be excused under Martinez v. R…
20-8235 Kory Christian Pedersen v. Oregon Board of Parole and Post-Prison Supervision Ninth Circuit 2021-06-04 Denied Response WaivedIFP expert-testimony ineffective-assistance ineffective-assistance-of-counsel ninth-circuit post-conviction post-conviction-review self-defense sixth-amendment trial-counsel Was Mr. Pedersen denied the effective assistance of counsel guaranteed by the Sixth Amendment?
20-8149 Quinn Palacios Cruz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-05-26 Denied IFP conflict-of-interest criminal-procedure cuyler-test habeas-corpus individual-representation ineffective-assistance methodology-of-review multiple-representation supreme-court-review trial-counsel Whether the Cuyler test for ineffective assistance of counsel due to conflict of interest applies to individual cases of representation and not only t…
20-1514 Robert John Dodd v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2021-04-28 Denied child-sexual-abuse criminal-indictment criminal-procedure double-jeopardy due-process indictment ineffective-assistance ineffective-assistance-of-counsel legal-proceeding statute-of-limitations trial-counsel Whether trial counsel was ineffective for failing to object on Double Jeopardy grounds to nine identical carbon copy indictments
20-7709 Alvin Henry v. United States Third Circuit 2021-04-09 Denied Response WaivedIFP brady-material brady-v-maryland due-process effective-assistance-of-counsel giglio-disclosure giglio-v-united-states prejudice-standard reasonable-probability third-circuit trial-counsel trial-procedure Whether the Third Circuit's focus on trial counsel's effective use of Brady/Giglo material at trial is consistent with this Court's uniform precedent …
20-7605 Cody James Martinez v. Arizona Arizona 2021-03-31 Denied IFP capital-defendant capital-trial cumulative-error due-process ineffective-assistance ineffective-assistance-of-counsel pecuniary-gain right-to-counsel statutory-aggravator strickland-standard trial-counsel Whether trial counsel's complete abdication of responsibilities by meeting with a capital defendant for only 1:08 total in 2-4 years preceding trial c…
20-7616 Deshun Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-03-31 Denied IFP constructive-denial cronic cronic-standard effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions sentencing sixth-amendment trial-counsel trial-strategy Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury t…
20-7623 Michael Eric Drake v. Pennsylvania Pennsylvania 2021-03-31 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prior-bad-acts sixth-amendment trial-counsel Did the Pennsylvania Superior Court ignore the Sixth and Fourteenth Amendments when it found no issue with trial counsel's failure to protect his clie…
20-1306 Alan Dale Walker v. Mississippi Mississippi 2021-03-19 Denied capital-case capital-punishment ineffective-assistance ineffective-assistance-of-counsel investigation mitigation-evidence psychological-trauma sixth-amendment tactical-decisions trial-counsel Did the Mississippi Supreme Court fail to adhere to this Court's Sixth Amendment jurisprudence requiring counsel in a capital case to conduct a thorou…
20-7264 Graham Jay Sonnenberg v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-26 Denied IFP adverse-effect brady-material conflict-of-interest constitutional-rights cuyler-standard cuyler-v-sullivan indigent-defense ineffective-assistance ineffective-assistance-of-counsel trial-counsel Whether the prophylaxis of Cuyler should be extended to define the term 'adverse affect' to establish a demonstration test involving actual conflicts …
20-7201 Jerry Neil Alfred v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-02-22 Dismissed IFP 2254-petition civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel successive-petition trial-counsel Whether doctrine of equitable tolling could be properly invoked and ultimately applied by district court to render an otherwise untimely claim that ex…
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…
20-7178 Nolan C. Turner, III v. Louisiana Louisiana 2021-02-19 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief retroactivity right-to-counsel second-degree-murder trial-counsel Whether trial counsel's concession of guilt to second-degree murder, over the defendant's express objection, violated the defendant's right to maintai…
20-6983 Demarcus Cole v. Kevin Myers, Warden Sixth Circuit 2021-01-28 Denied Response WaivedIFP cellular-phone-evidence certificate-of-appealability criminal-procedure fourth-amendment habeas-corpus illegal-evidence ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress trial-counsel Did the Court of Appeals err in denying a Certificate of Appealability on trial counsel was ineffective, when counsel failed to file a pre-trial Motio…
20-6959 Mason Somers v. Jay Forshey, Warden Sixth Circuit 2021-01-27 Denied Response WaivedIFP attorney-client-privilege constitutional-rights criminal-procedure discovery due-process ineffective-assistance jail-recordings pre-trial-discovery right-to-counsel trial-counsel Whether trial counsel was ineffective for providing discoverable information to his client prior to receiving discovery from the government, resulting…
20-6836 Julian P. Gutierrez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-11 Denied IFP appellate-counsel appellate-review criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Effective-Assistance-of-Counsel
20-6805 Michael M. Williams v. Josh Stein, Warden Fourth Circuit 2021-01-08 Denied Response WaivedIFP 6th-amendment actual-innocence constitutional-violation criminal-procedure exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief state-law-relief trial-counsel Did the trial court err in reviewing prisoner Williams' initial motion for post-conviction relief for violations of the 6th Amendment right to effecti…
20-6806 Troy Merck, Jr. v. Florida Florida 2021-01-08 Denied IFP autonomy-defense criminal-defense due-process mccoy-v-louisiana sixth-amendment specific-intent trial-counsel voluntary-intoxication Whether a defendant's autonomy to decide the objective of the defense is violated by the assertion of a voluntary intoxication defense
20-6810 Michael Lanier Watkins v. Georgia Georgia 2021-01-08 Denied IFP criminal-procedure defendant-rights due-process ineffective-assistance judicial-discretion lesser-included-offense sixth-amendment trial-counsel Did Petitioner receive ineffective assistance of counsel?
20-6772 Christopher J. Spreitz v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-01-05 Denied IFP cognitive-impairment ineffective-assistance martinez-rule martinez-v-ryan mitigation-evidence post-conviction-relief procedural-default statutory-mitigating-factor trial-counsel When must the court of appeals remand to a court of first instance for application of this Court's intervening decision in Martinez v. Ryan, 566 U.S. …
20-6634 In Re Karen Denise Chades 2020-12-15 Denied IFP collateral-proceedings constitutional-law constitutional-right due-process ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity strickland-v-washington teague-v-lane trial-counsel whether a prisoner has a right to effective counsel in collateral proceedings which provide the first occasion to raise a claim of ineffective assista…
20-6530 Jamel Mobley v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-12-07 Denied Response WaivedIFP appellate-preservation appellate-process constitutional-ineffectiveness fair-trial ineffective-assistance ineffective-assistance-of-counsel new-trial-standard right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel Whether trial counsel can be constitutionally ineffective under Strickland v. Washington, 466 U.S. 668 (1984) for failing to preserve an issue for pur…
20-6514 Jimmy Ray Weatherholt, Jr. v. Virginia Virginia 2020-12-03 Denied IFP constitutional-rights criminal-prosecution due-process fair-trial judicial-conduct recusal right-to-counsel sixth-amendment trial-counsel Whether trial counsel's suspension and ultimate disbarment during the pendency of criminal charges deprived the defendant of his constitutional right …
20-6502 Sean P. Reilly v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-12-02 Dismissed Response WaivedIFP 2254-petition federal-habeas habeas habeas-corpus ineffective-assistance martinez-rule martinez-v-ryan post-conviction post-conviction-relief trial-counsel trial-counsel-claim Does a federal habeas petitioner forfeit his or her opportunity to invoke Martinez v. Ryan, 182 S. Ct. 1309 (2012), and bring forth an otherwise unexh…
20-6473 Jessica Arnold v. United States Fifth Circuit 2020-11-30 Denied Response WaivedIFP appellate-review district-court failure-to-address judicial-discretion mitigation procedural-error sentencing sentencing-mitigation standard-of-review trial-counsel What standard applies to appellate review of the appeal of a district court's failure to address arguments of counsel in mitigation of sentencing, whe…
20-6275 William Ford v. Mike Parris, Warden Sixth Circuit 2020-11-12 Denied IFP burden-of-proof ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-post-conviction-counsel post-conviction-counsel prejudice-prong procedural-default self-defense sufficiency-of-the-evidence trial-counsel Would jurist of reason disagree and find debatable the correctness of the Sixth and District Courts' finding of effective assistance of counsel
20-6276 Arek R. Fressadi v. Arizona, et al. Arizona 2020-11-12 Denied Response WaivedIFP burden-of-proof constitutional-violations court-rules due-process equal-protection first-amendment ineffective-assistance judicial-misconduct judicial-review oath-of-office procedural-default self-defense state-law supreme-court trial-counsel venue-transfer venue-transfer 20-6275" Would a jurist of reason find debatable the correc Whether failures to apply mandatory language of the U.S. Constitution, U.S. Supreme Court rulings, state law, and court rules are violations of the Du…
20-6245 Jovon C. Davis v. Willis Chapman, Warden Sixth Circuit 2020-11-09 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance jury-selection sixth-amendment trial-counsel Denial of Sixth and Fourteenth Amendment rights
20-6144 David Allen Kuntz v. California California 2020-10-28 Denied Response WaivedIFP appellate-procedure coercion confession constitutional-rights due-process fifth-amendment fourteenth-amendment miranda-rights personal-autonomy psychological-evaluation trial-counsel Whether appellant's waiver of his rights under Miranda v. Arizona and the Fifth and Fourteenth Amendments was not knowing, intelligent, and voluntary
20-464 James J. Rosemond v. United States Second Circuit 2020-10-09 Denied actus-reus capital-cases concession-of-guilt criminal-defendant criminal-procedure right-to-autonomy sixth-amendment trial-counsel Does an attorney violate a criminal defendant's Sixth Amendment right to autonomy by admitting, over the defendant's objection, that the defendant ord…
20-448 Kenneth Ray Strickland v. Texas Texas 2020-10-08 Denied appellate-review assault corpus-delicti directed-verdict due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel summary-rejection summation trial-counsel Whether the appellate court's rejection of the trial court's favorable fact findings violated due process
20-5962 Erik Diaz-Colon v. United States First Circuit 2020-10-08 Denied Response WaivedIFP civil-rights-conspiracy constitutional-rights constructive-amendment deprivation-of-rights ineffective-assistance plea-agreement right-to-testify trial-counsel Whether petitioner's trial counsel rendered ineffective assistance
20-5397 Wilbert Romon Banks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-18 Denied IFP constitutional-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan plea-bargaining racial-bias racial-discrimination trevino-v-thaler trial-counsel venue-change Was Banks' claim of ineffective assistance of counsel a substantial claim under Trevino v. Thaler and Martinez v. Ryan?
20-5377 Brandon Ray Buckles v. United States Ninth Circuit 2020-08-17 Denied Response WaivedIFP §-2255-motion 28-usc-2255 due-process evidentiary-hearing federal-prisoner fifth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Is a district court's summary denial of a federal prisoner's § 2255 motion without an evidentiary hearing improper when the prisoner alleges ineffecti…
20-5218 Daniel Page v. Renee Baker, Warden, et al. Ninth Circuit 2020-07-30 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel medical-condition ninth-circuit plea-bargaining pre-sentence-motion trial-counsel Whether the trial court should have granted Mr. Page's pre-sentence motion to withdraw his guilty plea
20-5221 Arthur James Martin v. Florida Florida 2020-07-30 Denied IFP brady-violation capital-trial criminal-procedure cumulative-error cumulative-error-analysis giglio-violation ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief strickland-test trial-counsel Whether trial counsel's failure to investigate and present evidence that significantly undermines the State's case is deficient performance that resul…
20-5086 Johnny Mack Sketo Calhoun v. Florida Florida 2020-07-16 Denied IFP brady-violation cumulative-error cumulative-error-analysis exculpatory-evidence giglio-violation ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-test trial-counsel Whether trial counsel's failure to investigate and present exculpatory evidence, which significantly undermines the State's evidence is deficient perf…
20-26 Wesley Ira Purkey v. United States, et al. Seventh Circuit 2020-07-15 Denied capital-punishment collateral-review federal-capital-prisoners federal-prisoners ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan post-conviction procedural-default trevino-v-thaler trial-counsel Whether federal capital prisoners whose substantial claims of ineffective assistance of trial counsel were defaulted by ineffective § 2255 counsel may…
19-8909 Grant Ruffin Haze v. Katy Poole, Administrator, Scotland Correctional Institution Fourth Circuit 2020-07-08 Denied IFP civil-rights criminal-procedure due-process evidence-presentation exculpatory-evidence fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment trial-counsel witness-tampering Did the prosecution's intentional and repeated abuse of the witnesses and the selective theft of the petitioner's exculpatory legal materials, conceal…
19-8880 David Harman v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2020-07-02 Denied Response WaivedIFP 14th-amendment amendment-rights appellate-counsel constitutional-violation counsel-opportunity due-process ineffective-assistance offer-of-proof reversal-error state-of-indiana trial-counsel Whether the State of Indiana denied Harman's due process right under the 14th Amendment to the United States Constitution committing reversal error wh…
19-8808 Randolph Ashford v. Michael Stephan, Warden Fourth Circuit 2020-06-24 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights due-process evidence-tampering evidence-withholding ineffective-assistance ineffective-assistance-of-counsel jury-misconduct prosecutorial-misconduct trial-counsel Was the State of South Carolina City of Columbia violate Ashford's 4th, 5th, 6th, and 14th Amendment rights by withholding evidence
19-8584 Christopher Raynard Kidd v. United States Fifth Circuit 2020-06-02 Denied Response WaivedIFP criminal-defense due-process evidence-review ineffective-assistance ineffective-assistance-of-counsel legal-representation legal-standards prejudice sixth-amendment strickland-v-washington trial-counsel Whether trial counsel was ineffective for failing to review all the evidence with Mr. Kidd prior to trial?
19-8589 Ramon Enrique Acosta v. United States Eleventh Circuit 2020-06-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining sixth-amendment trial-counsel Whether reasonable jurists could debate the district court's determination that trial counsel was not constitutionally ineffective with respect to the…
19-8253 Rudolph Churchill v. Pennsylvania Pennsylvania 2020-04-14 Denied IFP constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel Sixth Amendment-Ineffective-Assistance-of-Counsel
19-8164 Eric T. Tolen v. Jeff Norman, Warden Eighth Circuit 2020-04-02 Denied IFP brady-claim disbarment exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel legal-procedure manifest-error prosecutorial-misconduct trial-counsel trial-court withheld-evidence Whether the Lower Court committed a manifest error of law
19-7939 Robert James Pope, Jr. v. Wisconsin Wisconsin 2020-03-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right…
19-7948 Omar N. Davis v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-03-10 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment trial-counsel Whether a petitioner's due process rights were violated due to ineffective assistance of counsel
19-7840 Victor Dewayne Jones v. Joe Errington Fifth Circuit 2020-03-02 Denied Response WaivedIFP civil-rights competency-hearing criminal-procedure due-process guilty-plea ineffective-assistance judicial-review mental-competency mental-evaluation post-conviction psychiatric-evaluation public-defender sentencing sentencing-petition trial-counsel Whether Petitioner was denied his right to due process of law
19-7767 Octavio Torres Ortega v. Florida Attorney General, et al. Eleventh Circuit 2020-02-26 Denied Response WaivedIFP civil-procedure civil-rights criminal-procedure due-process evidentiary-hearing factual-record ineffective-assistance ineffective-assistance-of-counsel judicial-review new-trial reversible-errors standing trial-counsel trial-errors Should any of the reviewing court's have reversed for an evidentiary hearing to develop an accurate factual record
19-7712 Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-20 Denied IFP appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel Where Petitioner's counsel did not pursue his wishes to file an appeal, was he denied effective assistance of counsel?
19-7621 Allanah Benton v. Shawn Brewer, Warden Sixth Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-counsel appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-counsel Did the state and federal courts violate Ms. Benton's right to effective assistance of trial and appellate counsels in violation of U.S. Constitutiona…
19-7524 In Re Lexter K. Kossie 2020-01-31 Denied IFP 28-U.S.C.-§-2244 28-usc-2244 constitutional-performance due-process habeas-corpus martinez-v-ryan Martinez-v.-Ryan mitigation-investigation procedural-default successive-petitions supreme-court-review trevino-v-thaler Trevino-v.-Thaler trial-counsel Whether the Court's 'equitable' ruling permits Texas prisoners to avoid the successive requirements found at 28 U.S.C. § 2244(a) and (b) regarding pri…
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…
19-7377 Gerald Adger v. New York New York 2020-01-23 Denied Response WaivedIFP 6th-amendment appeal appellate-counsel conflict-of-interest criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-argument procedural-error right-to-counsel trial-counsel weight-of-evidence Was the appellate attorney ineffective assistance of counsel?
19-6918 Michael Wade Nance v. Benjamin Ford, Warden Eleventh Circuit 2019-12-12 Denied IFP capital-punishment capital-sentencing circuit-split constitutional-rights habeas-corpus ineffective-assistance-of-counsel mitigation-strategy record-evidence strickland-v-washington stun-belt trial-counsel Whether courts must consider the record evidence in determining the reasonableness of trial counsel's actions, or can deem them strategic and reasonab…
19-6877 Christopher Rudolph Brown v. Florida Florida 2019-12-09 Denied Response RequestedResponse WaivedRelisted (3)IFP appellate-review civil-procedure civil-rights constitutional-error criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief res-judicata standing trial-counsel Whether the essential principles of res judicata were departed from by the lower courts in allowing the prosecution to relitigate issues that were pre…
19-6727 Tyrone Marvin Andrews v. Noah Nagy, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP alibi-defense civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining sentencing sixth-amendment sixth-circuit-review strickland-v-washington trial-counsel Whether trial counsel was ineffective for failing to investigate an alibi defense at trial
19-6638 Yannier Arias v. United States Eleventh Circuit 2019-11-21 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel Whether conflicting affidavits require an evidentiary hearing for ineffective-assistance-of-counsel
19-6501 Alvin Felicianosoto v. United States Eighth Circuit 2019-11-06 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review autonomy constitutional-rights criminal-procedure defense-autonomy due-process ineffective-assistance ineffective-assistance-of-counsel McCoy-challenge mccoy-v-louisiana remand right-to-counsel sixth-amendment trial-counsel Whether the Eighth Circuit Court of Appeals erred on direct review in failing to remand the case to the district court when a challenge under McCoy v.…
19-6535 Clarence Fry v. Ohio Ohio 2019-11-06 Denied IFP constitutional-right criminal-defendant due-process fair-trial fourteenth-amendment right-to-testify rock-v-arkansas self-representation sixth-amendment trial-counsel Is it unconstitutional for any Court to deny the Constitutional right to testify in one's own defense by placing the burden of making such desire know…
19-6488 Javier Yebra v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-11-04 Denied IFP appellate-procedure certificate-of-appealability constitutional-review due-process fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-review standard-of-review supreme-court-precedent trial-counsel Did the United States Court of Appeals for the Fifth Circuit continue to impose an improper Certificate of Appealability (COA) standard that contraven…
19-6422 Calvin Dunell Burns v. Florida Florida 2019-10-29 Denied IFP appeal appellate-review civil-rights competency constitutional-violations due-process evidence legal-procedure mental-competency mental-health standing trial-counsel trial-procedure Why did the First District Court of Appeals, State of Florida, not rule fairly on the merits of the issues in the Petitioner's Direct Appeal regarding…
19-6351 Geoffrey Elkington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-10-23 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard state-court-deference trial-counsel Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner's trial attorney failing to enter i…
19-6333 Juan Gabriel Angulo-Cabrera v. United States Ninth Circuit 2019-10-22 Denied Response WaivedIFP codefendant criminal-procedure due-process effective-attorney evidence evidentiary-hearing false-accusations ineffective-assistance phone-records right-to-counsel sixth-amendment trial trial-counsel Whether the District and Appellate Courts erred in denying Defendant an evidentiary hearing on his claim of ineffective-assistance-of-counsel
19-6152 Marian Papacsi Owens v. Sue Mickens, Warden, et al. Eleventh Circuit 2019-10-03 Denied Response WaivedIFP certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure Whether the trial court's refusal to allow the defendant to testify by narrative violated her right to effective assistance of counsel
19-6117 Jaime Ignacio Estrada v. Martin Biter, Warden Ninth Circuit 2019-10-01 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer preponderance-of-evidence right-to-counsel sixth-amendment standard-of-review trial-counsel voluntary-manslaughter Whether petitioner established by a preponderance of evidence trial counsel's violation of the Sixth Amendment: failure to communicate a favorable ple…
19-6030 Craig Elias v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-09-23 Denied Response WaivedIFP constitutional-claim due-process evidence evidence-promise ineffective-assistance ineffective-assistance-of-counsel legal-remedy sixth-amendment strickland-standard strickland-v-washington trial-counsel Does Strickland apply to ineffectiveness claims vis-a-vis trial counsel's broken promise to produce evidence?
19-5694 Craig Farley v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-08-23 Denied IFP consciousness-of-guilt constitutional-rights counsel-performance criminal-trial exculpatory-evidence identification-evidence ineffective-assistance ineffective-assistance-of-counsel lack-of-identification-evidence phone-records sixth-amendment strickland-standard trial-counsel Is there any reasonable argument that trial counsel satisfied the Strickland standard when he failed to introduce crucial lack of identification evide…
19-5387 Shevaun E. Browne v. United States Third Circuit 2019-07-29 Denied Response WaivedIFP cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel Whether certiorari review should be granted where the Third Circuit affirmed the district court's ruling that trial counsel was not ineffective for fa…
19-5389 Mervin R. Barteaux v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-07-29 Denied Response WaivedIFP court-error habeas habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan procedural-default trial-counsel trial-court-error writ-of-certiorari Whether where the procedural default of an ineffective assistance of trial counsel claim is excused under Martinez v. Ryan, 566 U.S. 1 (2012), that in…
19-5348 Stanley James Oliver v. Glenn Johnson, et al. Eleventh Circuit 2019-07-26 Denied Response WaivedIFP certificate-of-appealability credibility credibility-challenge habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel summary-reversal telephone-records trial-counsel Whether the Court of Appeals erred below in denying Mr. Oliver a COA on whether trial counsel was ineffective in not subpoenaing Mr. Oliver's telephon…
19-5291 Tyrone Jordan v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-07-23 Denied Response WaivedIFP burden-of-proof constitutional-review habeas-corpus habeas-proceeding iac-claim ineffective-assistance-counsel ineffective-assistance-of-counsel martinez-standard martinez-v-ryan post-conviction-counsel procedural-default standard-of-review trial-counsel What is the District Court's duty and what standard is the Court to apply to a habeas proceeding presenting a substantial and meritorious IAC claim of…
19-5222 James Arthur Meeks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-19 Denied IFP abuse-of-discretion appellate-review civil-procedure-bar-rule civil-rights constitutional-violations due-process ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct post-conviction-relief post-conviction-review procedural-bar standing trial-counsel Whether the procedural bar statute was properly applied
19-5255 Frank Lobacz v. United States Second Circuit 2019-07-19 Denied Response WaivedIFP 28-usc-2255 appellate-review court-of-appeals criminal-procedure due-process habeas-corpus ineffective-assistance judicial-error per-se-ineffectiveness procedural-default second-circuit section-2255 sixth-amendment strickland-v-washington trial-counsel Whether the Court of Appeals for the Second Circuit erred in affirming the lower court's denial of Petitioner's 28 U.S.C. § 2255 petition alleging ine…
19-5126 Jesus M. Garcia v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-07-09 Denied IFP appellate-review constitutional-violation criminal-procedure due-process fourth-amendment habeas-corpus ineffective-assistance sixth-amendment trial-counsel wiretap wiretap-evidence Did the district court and appeals court err in denying appellant relief on ineffective assistance of trial counsel due to counsel's failing to object…
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…
18-9844 Garner Wood v. Les Parish, Warden Sixth Circuit 2019-06-27 Denied Response WaivedIFP appeal appellate-procedure civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-relief postsentencing-motion sentencing sentencing-credit sentencing-error trial-counsel Whether the trial court denied Petitioner Wood's due process right under the Fourteenth Amendment by not granting his jail credit for 14-30 days after…
18-9770 Lionel Toye v. Steven Racette, Superintendent, Great Meadows Correctional Facility Second Circuit 2019-06-24 Denied Response WaivedIFP criminal-procedure ineffective-assistance lafler-v-cooper plea-bargaining plea-negotiations right-to-counsel sentencing sentencing-exposure strickland-standard strickland-v-washington trial-counsel Whether this court should revisit the claim of ineffective assistance of trial counsel during plea negotiations
18A1320 Adnan Syed v. Maryland Maryland 2019-06-18 Presumed Complete alibi-evidence constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel was violated by trial counsel's failure to investigate and pre…
18-9652 Cedric McDonald v. United States Eighth Circuit 2019-06-13 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel jury-selection racial-bias sixth-amendment trial-counsel voir-dire Whether trial counsel rendered ineffective counsel in failing to object to district court's use of a video in voir dire, which was designed to get jur…
18-9609 Charles L. v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2019-06-11 Denied IFP collateral-acts collateral-acts-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense limiting-instruction sixth-amendment strickland-standard strickland-v-washington trial-counsel Does the failure of trial counsel to request a limiting instruction related to unindicted collateral acts evidence constitute ineffective assistance o…
18-9556 Charles R. Willard v. California Department of Corrections and Rehabilitation Ninth Circuit 2019-06-05 Denied IFP certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment Is the low threshold for a certificate of appealability (COA) met on a claim that trial counsel provided prejudicially deficient performance when coun…
18-9385 Cargil Nicholson v. Rollin Cook, Commissioner, Connecticut Department of Correction Connecticut 2019-05-23 Denied IFP abuse-of-discretion appellate-review certification-of-appeal criminal-procedure discretionary-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel trial-counsel Whether the Connecticut Supreme Court erred by denying the petitioner certification to appeal from the Appellate Court?
18-9281 Randy Burke v. Diane Prosper, Acting Warden, et al. Virgin Islands 2019-05-15 Denied IFP 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel Whether the counsel's failure to cross-examine the main witness Beatrice Lawrence constituted ineffective assistance of counsel
18-8921 Hector Tellez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-19 Denied IFP criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-time-period recent-precedence recent-precedent supremacy-clause supreme-court-precedent trial-counsel trial-outcome united-states-supreme-court What is a reasonable time period for trial counsel to be required to become aware of recent precedence before he/she may be deemed ineffective for fai…
18-8786 Stephen Krell v. Louisiana Louisiana 2019-04-11 Denied Response WaivedIFP constitutional-rights controlling-legal-principles deficient-advice effective-assistance-of-counsel legal-principles misapprehension-of-case plea-bargaining sixth-amendment trial-counsel trial-counsel-incompetence Whether the Sixth Amendment's right to the effective assistance to counsel during the plea bargaining stages of the proceeding is implicated when tria…
18-8712 John Hummel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-05 Denied IFP character-and-record death-penalty future-dangerousness ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence pretrial-incarceration sixth-amendment sixth-amendment-right-to-counsel strickland-standard strickland-v-washington trial-counsel Whether a death penalty defendant received ineffective assistance of trial counsel for failing to investigate and present evidence of the defendant's …
18-8689 Joel Glaston Muir v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-04-04 Denied IFP clear-record constitutional-rights criminal-homicide criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel known-eyewitness legal-review lesser-degree-homicide postconviction-review right-to-counsel standard-of-review trial-counsel trial-strategy Whether initial-postconviction review counsel provided ineffective assistance
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?
18-8673 Jamael Stubbs v. United States Third Circuit 2019-04-02 Denied Response WaivedIFP 133 S.Ct. 2151 (2013) 6th-amendment alleyne-precedent alleyne-v-united-states constructive-amendment due-process ineffective-assistance sentencing sentencing-challenge sixth-amendment trial-counsel Whether trial counsel rendered ineffective assistance
18-8643 Joseph Lee Flores v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-01 Denied IFP bias criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment trial-counsel voir-dire WHETHER VENIREMAN WHO STATED DURING VOIR DIRE THAT HIS ABILITY TO BE FAIR WOULD BE AFFECTED BY PRIOR EXPERIENCE WITH CRIME EXPRESS BIAS; RENDERING COU…
18-8655 Nicholas Ryan Holloway v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2019-04-01 Denied Response WaivedIFP appellate-attorney appellate-review ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-counsel prejudice prejudice-analysis sixth-amendment sixth-amendment-right-to-counsel strickland-standard trial-counsel Whether the U.S. District Court erred in deferring to the Arkansas State Courts' finding that Mr. Holloway was not prejudiced by both his trial and ap…
18-8510 Travis Thaniel v. Maryland Maryland 2019-03-21 Denied Response WaivedIFP appellate-counsel criminal-procedure direct-appeal due-process federal-law ineffective-assistance ineffective-assistance-of-counsel retroactivity right-to-be-present right-to-presence state-law trial-counsel weaver-retroactivity weaver-v-massachusetts Does the federal law of Weaver v. Massachusetts, 137 S.Ct. 1899 (2017) have retroactive application in the state of Maryland?
18-1194 Shane Crutchfield v. Jeff Dennison, Warden Seventh Circuit 2019-03-14 Denied Response Waived due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review martinez-trevino-exception post-conviction-review procedural-default state-court-proceedings trial-counsel trial-record Whether the exception to procedural default established in Martinez v. Ryan, 566 U.S. 1 (2012), and Trevino v. Thaler, 569 U.S. 413 (2018), is categor…
18-8316 Ricardo Guerrero v. United States Fifth Circuit 2019-03-07 Denied Response WaivedIFP brady-materials criminal-justice-act evidentiary-hearing evidentiary-hearings expert-services habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-rights rule-5(b) section-3500(b) trial-counsel Whether the habeas corpus statute at Rule 5(b) mandates the government to address the petitioner's allegations, allowing the district court to circumv…
18-8199 Michael DeVaughn Johnson v. Arizona Arizona 2019-02-28 Denied IFP automatic-reversal constitutional-law constitutional-rights conviction criminal-procedure critical-stage critical-stages due-process habeas-corpus ineffective-assistance right-to-counsel sixth-amendment trial-counsel Was the Arizona state courts' decision that the absence of the petitioner's trial counsel during two 'critical stages' of the trial did not require au…
18-8131 Adelfo Pamatmat v. United States Sixth Circuit 2019-02-26 Denied Response WaivedIFP constitutional-rights drug-quantity evidentiary-hearing ineffective-assistance procedural-reasonableness sentencing-guidelines sixth-amendment sixth-circuit strickland-standard strickland-v-washington trial-counsel whether-petitioner-received-effective-assistance-of-counsel
18-8141 Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-26 Denied IFP abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel Was trial counsel ineffective for not calling an alibi witness?
18-8113 Troy Arnaud v. Darrel Vannoy, Warden Fifth Circuit 2019-02-22 Denied Response WaivedIFP attorney-client client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify self-representation sixth-amendment trial-counsel Whether Arnand was denied his constitutional right to the effective assistance of counsel
18-7888 Furn-Lee Salomon v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2019-02-11 Denied IFP constitutional-safeguards criminal-procedure cumulative-error due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel passport-fraud pre-trial-investigation prejudicial-testimony pretrial-investigation strategic-decision strickland-standard strickland-v-washington trial-counsel witness-testimony Was trial counsel ineffective?
18-7766 Rishawn Lamar Reeder v. Cecelia Reynolds, Warden Fourth Circuit 2019-02-05 Denied Response WaivedRelisted (2)IFP alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony Did the court err in finding trial counsel ineffective
18-7678 Alfonso Hernandez v. United States Ninth Circuit 2019-01-30 Denied Response WaivedIFP client-attorney-relationship client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance motion-to-dismiss sixth-amendment sixth-amendment-right-to-counsel sixth-circuit speedy-trial-act trial-counsel Can a defense lawyer, consistent with the Sixth Amendment, contravene his client's wishes to object to a violation of the Speedy Trial Act?
18-7590 Joshua Jacobs v. Texas Texas 2019-01-28 Denied IFP 5th-amendment 6th-amendment bias constitutional-rights due-process effective-assistance-of-counsel fair-and-impartial-jury fair-trial impartial-jury judicial-discretion jury-selection trial-counsel trial-procedure voir-dire When trial-judge-imposed limitations on voir dire interfere with trial counsel's ability to identify veniremembers whom may be challengeable for cause…
18-7439 Gregory M. Ward v. United States Fifth Circuit 2019-01-16 GVR Response RequestedResponse WaivedRelisted (3)IFP appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel Ineffective-assistance-of-counsel
18-7460 Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-16 Denied IFP adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court Did the trial court fail to attach portions of the record?
18-7405 Gary Lee Beason v. Indiana Indiana 2019-01-14 Denied Response WaivedIFP appellate-counsel-ineffectiveness appellate-review child-molestation collateral-attack criminal-procedure due-process fundamental-rights habeas-corpus ineffective-assistance judicial-bias state-action trial-counsel trial-counsel-ineffectiveness Was Beason denied basic Due Process when a biased judge presided over his trial, and can the states preclude the issue from review on collateral attac…
18-7089 Esau Milliner v. Kathy Litteral, Warden Sixth Circuit 2018-12-19 Denied Response WaivedIFP appeal-waiver closing-argument confession constitutional-rights criminal-procedure due-process first-degree-burglary ineffective-assistance-of-counsel initial-aggressor procedural-bar right-to-appeal right-to-testify self-defense trial-counsel Effective-assistance-of-counsel
18-742 Brandon Washington v. Alabama Alabama 2018-12-11 Denied Response RequestedResponse WaivedRelisted (2) constitutional-review cumulative-effect cumulative-error due-process ineffective-assistance performance prejudice prejudice-analysis right-to-counsel strickland-standard strickland-v-washington trial-counsel trial-counsel-errors Whether, under Strickland v. Washington, 466 U.S. 668 (1984), a court assessing the prejudice resulting from trial counsel's errors should consider ea…
18-6944 Jose Luis Vizcaino-Ramos v. Cherry Lindamood, Warden Sixth Circuit 2018-12-06 Denied Response WaivedIFP civil-rights due-process exhaustion-doctrine exhaustion-of-state-remedies habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan procedural-default tennessee tennessee-post-conviction-procedures trial-counsel Whether under Martinez v. Ryan, a prisoner confined pursuant to a Tennessee Judgment may assert ineffective assistance of initial-collateral-review co…
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…
18-6764 Kenneth Ray Borders v. United States Eighth Circuit 2018-11-20 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal presumption-of-prejudice roe-v-flores-ortega sixth-amendment trial-counsel Does the 'presumption of prejudice' recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial coun…
18-6696 Octavio Torres Ortega v. Pam Bondi, Attorney General of Florida Eleventh Circuit 2018-11-16 Denied IFP appeal criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal motion-to-suppress public-defender speedy-trial trial-counsel witness-credibility did-the-trial-court-err-in-denying-a-judgment-of-acquittal
18-6721 Gavin Cullens v. Cindi Curtin, Warden Sixth Circuit 2018-11-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense trial-counsel Did the trial court err when it gave out self-defense instruction for complainants who were not accused of any crimes to warrant a defense? Alternativ…
18-6102 Anthony Mayes, Jr. v. United States Second Circuit 2018-09-25 Denied Response WaivedIFP collateral-proceedings due-process federal-statutes judicial-review pro-se pro-se-litigant procedural-default trial-counsel Whether a pro se litigant's failure to address on direct appeal trial counsel's procedural default of client's fundamental due process rights, for app…
18-6035 Zachary Chambers v. United States Third Circuit 2018-09-20 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sentencing-exposure sixth-amendment trial-counsel Whether the lower court abused its discretion in ruling that trial counsel's erroneous advice about petitioner's sentencing exposure if he proceed to …
18-6047 Leo Llowlyn Seed v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-09-20 Denied IFP alibi appeal charging-information civil-rights constitutional-rights criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions trial-counsel verdict-form witness-investigation Whether trial counsel was ineffective for multiple reasons
18-6053 Donald Lee Kissner v. Michigan Michigan 2018-09-20 Denied IFP due-process effective-assistance full-and-fair-review guilty-plea lafler-v-united-states michigan-courts strickland-v-united-states trial-counsel Whether the petitioner has a due-process right to effective assistance of trial counsel
18-6015 Gustavo Torres-Medel v. Jacqueline Lashbrook, Warden Seventh Circuit 2018-09-18 Denied Response WaivedIFP cross-examination defense-presentation discovery expert-witness ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sixth-amendment-rights trial-counsel Whether the defendant's Sixth Amendment rights were violated when trial counsel failed to utilize an expert witness, failed to present defense witness…
18-6029 Debra Ann Aquilina v. Sarah Davis, Administrator, Edna Mahan Correctional Facility, et al. Third Circuit 2018-09-18 Denied Response WaivedIFP cause-of-death constitutional-rights criminal-procedure due-process expert-opinion expert-testimony ineffective-assistance ineffective-assistance-of-counsel medical-examiner right-to-counsel right-to-effective-counsel sixth-amendment trial-counsel trial-errors trial-proceedings Did the petitioner's trial counsel provide constitutionally ineffective assistance, violated petitioner's right to effective assistance of counsel, be…
18-5772 Aurelio Fidencio Saldivar v. G. D. Lewis, Warden Ninth Circuit 2018-08-28 Denied IFP habeas-corpus ineffective-assistance sixth-amendment strickland strickland-standard tactical-rationales trial-counsel Is a habeas corpus petitioner alleging a Sixth Amendment claim of ineffective assistance of trial counsel required to address and rebut hypothetical t…
18-5736 Joshua Moses v. United States Third Circuit 2018-08-24 Denied Response WaivedIFP conflict-of-interest constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel multiplicitous-indictment prosecutorial-misconduct sixth-amendment trial-counsel Whether the Prosecutor's conduct in charging petitioner with a multiplicitous indictment to gain a tactical advantage so infected the trial with unfai…
18-5676 Ernest Morris v. Pennsylvania Third Circuit 2018-08-23 Denied IFP cell-phone-records cell-phone-tower-records constitutional-rights criminal-procedure double-jeopardy duress-defense fair-trial ineffective-assistance ineffective-assistance-of-counsel standing suppression trial-counsel unqualified-counsel Did counsel provide ineffective assistance of counsel?
18-5649 Charles Richardson v. Jason Kent, Warden Fifth Circuit 2018-08-20 Denied IFP criminal-appeal criminal-procedure due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel jury-selection prosecutorial-misconduct recusal trial-counsel venue Whether the prosecutor's improper arguments resulted in an unfair trial and a guilty verdict of murder instead of a lesser charge thereto?
18-5563 Peter Cain Bruton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-13 Denied IFP closing-argument extraneous-offenses ineffective-assistance ineffective-assistance-of-counsel mistrial motion-in-limine prosecutorial-misconduct trial-counsel violation violation-of-court-order Is an attorney ineffective when he fails to support a motion for mistrial with a violation of Defense's Motion in Limine?
18-188 Ivy T. Tucker v. United States Seventh Circuit 2018-08-10 Denied Response RequestedResponse WaivedRelisted (2) circuit-split constitutional-deficiency constitutional-law criminal-procedure ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum offense-of-conviction out-of-circuit-precedent procedural-default sentencing sentencing-guidelines trial-counsel Whether trial counsel's failure to make an argument that courts of appeals outside the circuit have accepted amounts to constitutionally deficient ass…
18-5379 Marilyn Kaye Freeman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2018-07-27 Denied IFP appellate-counsel california-supreme-court due-process fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-disqualification precedent state-court-proceedings supreme-court-review trial-counsel Whether the reinstatement of a previously disqualified judge deprived the appellant of due process and a fair trial
24A723 Marion Bowman, Jr. v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. South Carolina Denied death-penalty ineffective-assistance racial-bias sixth-amendment strickland-standard trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel introduces racially prejudicial…
25A568 Leroy Thomas Joyner, Jr. v. United States Eleventh Circuit Application ineffective-assistance right-to-counsel sentencing sixth-amendment transcript-access trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to access or review criti…