trial-court-discretion

93 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6362 Dan Ioan Belc v. Florida Florida 2025-12-15 Denied Response WaivedIFP confrontation-rights due-process ineffective-counsel jury-instructions prosecutorial-misconduct trial-court-discretion Six (6) District Anems of Prosecution Misconduct Alleged [Cumulative Effect Amount to Fundamentally Undermine Possibility of Getting a Fair Trial in W…
25-6352 Marcus Allen Cooper v. Virginia Virginia 2025-12-12 Pending IFP complete-defense credibility-challenge evidence-exclusion fourteenth-amendment trial-court-discretion witness-fabrication Whether a trial court abridges the defendant's Fourteenth Amendment right to present a complete defense by excluding evidence that the sole inculpator…
25A346 Caylon James Washington v. Texas Texas 2025-09-25 Presumed Complete criminal-procedure hearsay-objection rebuttal-witness sexual-assault substantial-rights trial-court-discretion Whether the admission of a rebuttal witness's testimony over a defendant's hearsay objection constitutes a reversible error in a sexual assault prosec…
25A166 Jason Elysse v. Florida Florida 2025-08-07 Presumed Complete continuance-motion criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion Whether a criminal defendant's constitutional right to counsel is violated when a trial court denies a last-minute motion to substitute private counse…
25-5155 Luis Payano-Perez v. United States Third Circuit 2025-07-21 Denied Response WaivedIFP evidence-admissibility evidentiary-purpose inference-chain propensity-evidence rule-404b trial-court-discretion 1. Whether a trial court, in admitting evidence under Federal Rule of Evidence 404(b), must explicitly articulate the "chain of inferences" it relied …
24-1291 Ariel Dalton v. Edgewood Police Department, et al. Indiana 2025-06-18 Denied case-dismissal due-process judicial-procedure plaintiff-rights pretrial-compliance trial-court-discretion Does a trial court violate a plaintiff's due process rights by dismissing a case for inactivity when a trial date has already been set and the plainti…
24-7155 John Fitzgerald Gayles v. Arizona Arizona 2025-05-07 Denied Response WaivedIFP arizona-rules-of-evidence fraudulent-evidence jury-trial state-evidence testimonial-statements trial-court-discretion Whether the trial court abused its discretion when it erroneously allowed the State of Arizona to admit testimonial state-ments and fraudulent evidenc…
24-6463 Noel Vincent Thomas v. Alabama Law Enforcement Agency, et al. Florida 2025-02-04 Dismissed Response WaivedIFP burden-of-proof failure-to-state-claim pleading-standards res-judicata statute-of-limitations trial-court-discretion Whether the trial court erred in dismissing the case for failure to state a claim, statute of limitations, and res judicata, and whether the court abu…
24-774 Reginald Keith Clark v. Colorado Colorado 2025-01-22 Denied Amici (2)Response WaivedRelisted (2) for-cause-challenge fourteenth-amendment jury-selection racial-bias sixth-amendment trial-court-discretion Whether a trial court violates a defendant's Sixth and Fourteenth Amendment rights when it erroneously denies a for-cause challenge to a racially bias…
24-5982 Benigno Perez-Aguilar v. Jeff Howard, Warden Sixth Circuit 2024-11-15 Denied IFP expert-testimony hearsay ineffective-assistance-of-counsel sixth-amendment trial-court-discretion witness-bolstering Did the trial court abuse its discretion in admitting expert testimony that allegedly bolstered witness testimony, and did trial counsel's errors viol…
24-5840 David R. Schachtner v. Chris Brewer, Warden Eighth Circuit 2024-10-29 Denied Response WaivedRelisted (2)IFP criminal-procedure fair-trial impeachment-evidence motion-to-suppress prior-bad-acts trial-court-discretion Whether a trial court abused its discretion by denying a motion to suppress impeachment evidence and admitting prior bad acts evidence that prejudicia…
24-5815 Joseph S. Addison v. Tim Shoop, Warden Sixth Circuit 2024-10-24 Denied Response WaivedIFP constitutional-rights criminal-procedure right-to-counsel self-representation sixth-amendment trial-court-discretion Whether a defendant can be denied their Sixth Amendment right to self-representation when they have clearly and unequivocally invoked such right
24-317 Tommy Lee Benton v. South Carolina South Carolina 2024-09-20 Denied Response Waived double-jeopardy ends-of-justice judicial-discretion manifest-necessity mistrial-standard trial-court-discretion Whether a trial judge must consider all viable alternatives to a mistrial before finding manifest necessity exists
24A281 James L. Martin v. David H. Nixon Delaware 2024-09-19 Presumed Complete damages-exclusion expert-testimony judicial-review medical-causation personal-injury trial-court-discretion Whether a trial court may exclude expert medical testimony about causation and damages in a personal injury case without providing a substantive legal…
24-5349 Ryan Monroe Allen v. Tennessee Tennessee 2024-08-20 Denied IFP criminal-procedure faretta-hearing ineffective-assistance-of-counsel pro-se-representation sixth-amendment-rights trial-court-discretion Whether the Tennessee Criminal Court of Appeals violated federal law by denying a criminal defendant's right to proceed pro se and failing to promptly…
24-5274 James Arthur Ross v. Erin Reyes, Superintendent, Two Rivers Correctional Institution Oregon 2024-08-08 Dismissed Response WaivedIFP amendment-of-complaint civil-procedure judicial-error oregon-revised-statutes statutory-interpretation trial-court-discretion Did the trial court err and/or abuse its discretion by not allowing petitioner to amend his complaint and by concluding that claims were barred under …
24-5175 Kalamice Keson Piggee v. Gena Jones, Warden Ninth Circuit 2024-07-30 Denied Response WaivedIFP competency competency-hearing due-process expert-testimony judicial-review mental-health-evaluation mental-illness retrospective-competency-determination trial-court-discretion trial-procedure Whether the Ninth Circuit's decision sanctioned a departure from this Court's precedent requiring a trial court to hold a competency hearing if substa…
23-7485 William Glenn Chunn v. United States Fifth Circuit 2024-05-15 Denied Response WaivedIFP assistance-of-counsel constitutional-violations continuance continuance-denial discovery discovery-review due-process fair-trial right-to-counsel trial-court-discretion Whether a defendant's right to assistance of counsel and due process are upheld when he has no right to review discovery or confer with his attorney, …
23-1178 First Floor Living, LLC v. City of Cleveland, Ohio, et al. Sixth Circuit 2024-05-01 Denied Response Waived circuit-split civil-procedure discovery discovery-rights due-process evidentiary-standards federal-rules-of-civil-procedure legal-procedure motion-to-dismiss summary-judgment trial-court-discretion Whether a trial court may enter summary judgment against a party without allowing that party to conduct discovery
23-7341 Ronald Leon Thompson v. Colorado Colorado 2024-04-30 Denied IFP appellate-review consent constitutional-error constitutional-interpretation criminal-procedure harmless-error judicial-definition jury-instructions legal-standard trial-court-discretion Whether the Court of Appeals erred in finding the trial court's error in failing to define the term consent was constitutional harmless error
23-7004 Noel Vincent Thomas v. Florida Department of Highway Safety and Motor Vehicles Florida 2024-03-15 Denied Response WaivedIFP civil-procedure claim-dismissal discovery-process dismissal due-process evidence evidence-standard judicial-review pleading-sufficiency pleadings standing trial-court-discretion Whether the Trial Court erred in dismissing Petitioner's claim
23-937 Joshua James Duggar v. United States Eighth Circuit 2024-02-28 Denied alternative-perpetrator complete-defense constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion trial-court trial-court-discretion Does the exclusion of relevant evidence of an alternative perpetrator based on a trial court's conclusion it is too speculative violate a criminal def…
23-6810 Larry D. Mosley v. Phillip A. White, Warden Fourth Circuit 2024-02-23 Denied IFP Abuse-of-Discretion Equal-Protection Fourteenth-Amendment habeas-corpus ineffective-assistance Police-Misconduct Prosecutorial-Misconduct Sixth-Amendment trial-court-discretion Ineffective-Assistance-of-Counsel
23-6422 Raymond J. Kraynak v. United States Third Circuit 2024-01-05 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant hi…
23-6283 Stacy Anthony Mitchell v. Arkansas Arkansas 2023-12-18 Denied Response WaivedIFP choice-of-counsel constitutional-rights criminal-procedure due-process indigent-defendant right-to-counsel sixth-amendment trial-court-discretion Does a trial court's denial of an indigent criminal defendant's choice of privately retained counsel, who is ready, willing, and able to proceed to tr…
23-622 Dale Thrush v. United States Sixth Circuit 2023-12-08 Denied Response Waived arizona-v-washington circuit-split constitutional-review double-jeopardy fifth-amendment manifest-necessity mistrial-standard prosecution-evidence standard-of-review trial-court-discretion Whether the trial court's declaration of a mistrial was supported by manifest necessity
23-6058 Liberty Anne Walden v. Jeremy Howard, Warden Sixth Circuit 2023-11-20 Denied Response WaivedIFP civil-procedure due-process evidence expert-testimony judicial-error misconduct plain-error prosecutorial-misconduct trial-court-discretion trial-procedure witness-credibility Did the trial court plainly error by allowing Dr. Mohr to testify outside the realm of her expertise thereby providing testimony to the ultimate issue…
23-5857 Jeremy Moody v. Georgia Georgia 2023-10-23 Denied Relisted (2)IFP autonomy-rights constitutional-rights criminal-procedure defense-strategy due-process faretta-v-california guilty-plea mccoy-v-louisiana right-to-control-defense right-to-self-representation self-representation trial-court-discretion Whether a guilty plea waives claims that the trial court violated a defendant's autonomy-based rights
23-357 Jacob Hilbert v. Missouri Missouri 2023-10-04 Denied Response Waived constitutional-rights criminal-procedure defendant-rights due-process jury-trial jury-trial-waiver split-of-authority trial-court-discretion waiver must a trial court obtain some personal acknowledgement from a criminal defendant that the defendant has waived the defendant's right to a jury trial …
23-5668 Maurice Bellamy v. United States District of Columbia 2023-09-28 Denied Response WaivedIFP appellate-review constitutional-vagueness count-severance criminal-indictment criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process indictment joinder severance trial-court-discretion Whether the trial court erred when it denied defendant's repeated motions to sever counts in the indictment
22-7663 Aaron David Waldon v. Oklahoma Oklahoma 2023-05-30 Denied IFP constitutional-rights due-process evidence-admission fair-trial horn-v-state prejudicial probative propensity-evidence sexual-assault trial-court-discretion Whether the trial court abused its discretion by allowing the admission of evidence of a recording believed to be the petitioner and an unknown male a…
22-7084 Christopher Daniel Lutker v. Michigan Michigan 2023-03-23 Denied IFP criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion Whether the trial court abused its discretion in denying the defendant's motion to withdraw his guilty plea
22-6907 Jeremy Jermaine Cumbie v. Texas Texas 2023-03-02 Denied IFP constitutional-rights criminal-procedure cruel-unusual-punishment due-process evidence evidence-outside-record outside-the-record record sentencing trial-court-discretion Was Mr. Cumbie denied due process when the court considered evidence outside the record in assessing the sentence?
22-6353 Furlonzo R. Moran v. Louisiana Louisiana 2022-12-20 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure due-process equal-protection fair-trial juror-disqualification jury-selection social-media-evidence trial-court-discretion Is it unconstitutional to disqualify a juror from service without just cause?
22-418 Gene Deveraux v. Montana Montana 2022-11-04 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) automatic-reversal biased-juror constitutional-right for-cause-challenge jury-bias sixth-amendment structural-error trial-court-discretion trial-procedure Whether a trial court commits structural error, requiring automatic reversal under the Sixth Amendment, when it seats a biased juror after erroneously…
22-5305 Aileen Kogera Njoroge v. United States Eighth Circuit 2022-08-09 Denied Response WaivedIFP criminal-conviction criminal-procedure criminal-sentencing due-process fraud identity-theft legal-appeal probation restitution sentencing sufficiency-of-evidence trial-court-discretion Whether the district court erred in denying Kogera's motion for judgment of acquittal on the basis of insufficient evidence to support the jury's verd…
22-5153 Ramon A. Boyce v. Ohio Ohio 2022-07-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence-authentication prejudice pro-se-defendant self-representation trial-court trial-court-discretion Has a criminal Defendant's constitutional right to self-representation been violated by a trial court, if that court unreasonably delays the Defendant…
21-8027 Derek J. DeGroot v. Wisconsin Wisconsin 2022-06-01 Denied Response WaivedIFP competency conflict-of-counsel counsel-conflict faretta-colloquy faretta-v-california pro-se-representation self-representation sixth-amendment timeliness trial-court-discretion Does the Sixth Amendment require a trial court to conduct a competency colloquy where a defendant makes a mid-trial demand to represent himself?
21-7631 Johnell Lee Carter v. Hunter Anglea, Warden Ninth Circuit 2022-04-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process pro-per pro-per-status right-to-counsel self-representation sixth-amendment trial-court-discretion Whether the trial court denied Petitioner's right to self-representation
21-7155 Binbing Xie v. Yan Fang Chen New York 2022-02-18 Denied IFP 14th-amendment abuse-of-discretion amendment-xiv civil-procedure constitutional-law constitutional-rights due-process equal-protection judicial-procedure trial-court-discretion Whether the trial court abused its discretion by violating the Due Process and Equal Protection of United States Constitution, Amendment XIV to procee…
21-7132 Dominique C. Swopes v. Ohio Ohio 2022-02-16 Denied IFP capital-case discovery-order due-process evidence fourteenth-amendment interlocutory-appeal scientific-evidence state-created-right trial-court-discretion Whether a defendant in a capital case has a Fourteenth Amendment due process right to take an interlocutory appeal of a trial court's discovery order …
21-977 Robert E. Kovacevich v. Gordon R. Finch, et al. Washington 2022-01-07 Denied case-settlement civil-contempt evidentiary-hearing judicial-estoppel judicial-procedure least-intrusive-remedy mootness supreme-court-precedent trial-court-discretion Whether the state courts failed to dismiss a civil contempt that was decided during trial, which conflicts with three decisions of the Supreme Court r…
21-6694 Lawrence S. Brantley, Jr. v. Texas Department of Family and Protective Services Texas 2021-12-22 Denied Relisted (2)IFP abuse-of-discretion clear-and-convincing Colorado-v-New-Mexico due-process evidence-standard legal-precedent parental-rights trial-court-discretion witness-testimony Did the trial court abuse its discretion by allowing a witness with no firsthand knowledge to testify, conflicting with Oakley v. State?
21-6499 Henry Pratt v. Pennsylvania Pennsylvania 2021-12-03 Denied Response WaivedIFP bias civil-litigation civil-procedure evidence evidence-admissibility insurance-bias motive restitution restitution-claim settlement-agreement trial-court-discretion Whether the trial court erred by precluding the use of a civil settlement agreement between the parties, which was admissible to show the defendant's …
21-6156 Vilasini Ganesh v. United States Ninth Circuit 2021-11-03 Denied Amici (1)Response WaivedIFP calendar-management conflict-of-interest counsel-conflict counsel-substitution criminal-procedure defendant-rights due-process sixth-amendment substitution trial-court-discretion Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may deny …
21-5776 Bobby John Kobito v. United States Fourth Circuit 2021-09-27 Denied Response WaivedIFP criminal-intent criminal-procedure due-process federal-crime sentencing-guidelines silencer silencer-possession terrorism terrorism-enhancement trial-court-discretion Whether the trial court erred in finding that the defendant's possession of a silencer was intended to promote a federal crime of terrorism, pursuant …
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…
21-5236 Manvester Evans, III v. Georgia Georgia 2021-07-28 Denied IFP abandonment-of-counsel appellate-review constitutional-rights criminal-trial due-process effective-assistance-of-counsel ineffective-assistance out-of-time-appeal right-to-appeal right-to-counsel trial-court-discretion Whether the defendant's due process right to appeal was violated when the state of Georgia denied his right to file an out-of-time appeal?
20-8443 Jacobie A. Green v. Louisiana Louisiana 2021-06-29 Denied Response WaivedIFP criminal-procedure defendant-statement due-process evidence jury-charge jury-instructions motion-to-quash photographic-evidence right-to-counsel state-created-impediment trial-court-discretion Whether the trial court erred in admitting the defendant's statement, denying the motion to quash the superseding indictment, admitting speculative ph…
20-7843 Timothy Howard Johnson v. Renee Baker, Warden Nevada 2021-04-26 Denied IFP criminal-procedure due-process evidence-exclusion retroactivity right-to-counsel right-to-defense right-to-jury-trial trial-court-discretion waiver witness-testimony Whether the state district court lost subject matter jurisdiction by rendering the judgment of conviction void when it failed to comply with the requi…
20-7735 DeAndre Harris v. Michigan Michigan 2021-04-14 Denied IFP advocacy-appearance constitutional-challenge due-process evidentiary-breach evidentiary-issues fair-trial ineffective-assistance-of-counsel ineffective-counsel judicial-bias judicial-impartiality prosecutorial-misconduct trial-court-discretion Whether the trial court reversibly erred in admitting highly prejudicial and irrelevant evidence related to an alleged threat to Ms. Branson by Petiti…
20-7381 Larry Wilkerson v. United States District of Columbia 2021-03-09 Denied Response WaivedIFP circuit-conflict evidence-based-concerns juror-discharge legal-disagreement rule-23(b)(3) sixth-amendment standard-of-review trial-court-discretion voir-dire Whether the court should resolve the conflict in the circuits regarding the standard applicable to determining when the Sixth Amendment prohibits disc…
20-7199 Maurice Duncan Burks v. United States Sixth Circuit 2021-02-22 Denied Response WaivedIFP appellate-review due-process federal-rules-of-criminal-procedure motion-for-new-trial new-trial standard-of-review trial-court-discretion witness-credibility Whether Using a Different, More Stringent, Standard of Review When a Trial Court Grants a Motion for New Trial than Utilized When a Trial Court Denies…
20-6524 Joshua D. Myers v. Georgia Georgia 2020-12-03 Denied IFP burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure Whether the State proved the essential element of 'without the consent' beyond a reasonable doubt
20-6294 Richard L. Sealey v. Benjamin Ford, Warden Eleventh Circuit 2020-11-12 Denied IFP capital-trial continuance continuance-motion due-process ineffective-assistance-of-counsel mitigating-evidence penalty-phase prejudice trial-court-discretion Whether the denial of a defense motion for a continuance during the penalty phase of a capital trial violates due process
20-6079 In Re Dale McKenzie 2020-10-20 Denied IFP constitutional-violation conviction-challenge criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sentencing sentencing-error trial-court-discretion unconstitutional-law void-conviction Has prejudice been shown where the trial court overruled the defendant's motion for continuance to show that his prior Georgia conviction was void, an…
20-5899 Bodhisattva Skandha v. William Bates Massachusetts 2020-10-05 Denied Response WaivedIFP abuse-of-discretion case-dismissal civil-procedure court-jurisdiction dismissal due-process judicial-procedure pure-land-buddhism religious-rights standing trial-court trial-court-discretion Whether The Trial Court Abused Its Discretion By Dismissing The Case?
20-5177 Rolando Felix-Carrazco v. United States Ninth Circuit 2020-07-24 Denied Response WaivedIFP criminal-procedure due-process evidence-sufficiency holdout-juror judicial-inquiry judicial-interference juror-dismissal jury-deliberation jury-deliberations scotus-guidance trial-court-discretion Whether repeated questioning of jurors about a holdout juror violates Brasfield v. United States
19-8760 Stefan Stewart v. Florida Florida 2020-06-19 Denied Response WaivedIFP conflict-of-interest criminal-procedure cross-examination due-process ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion witness witness-representation When the defense attorney previously represented the state's key witness who now has conflicting interests with the defendant, does this amount to a c…
19-8672 Terry Bridges v. Illinois Illinois 2020-06-11 Denied IFP criminal-procedure due-process evidence evidentiary-rules murder-evidence prejudice prejudicial-testimony rehabilitation sentencing trial-court-discretion uncharged-crime Whether the trial court erred in permitting the State to introduce excessive evidence relating to the murder of Keith Sluggs of which Terry Bridges wa…
19-8420 Charles Wilson v. Wisconsin Wisconsin 2020-05-12 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process evidence evidentiary-ruling ineffective-assistance-of-counsel jury-instructions jury-selection prosecutorial-discretion trial-court-discretion witness-testimony Whether the trial court abused its discretion when it excluded several jurors for failing to follow the voir dire process
19-8383 Luis A. Soro v. Pedro Lopez Florida 2020-05-01 Dismissed Relisted (2)IFP appellate-procedure civil-procedure due-process judicial-review material-facts notice notice-requirement property standing summary-judgment trial-court-discretion Whether the trial court erred in granting summary judgment without providing the appellant the required 10-day notice
19-8247 John Wilson v. Florida Florida 2020-04-13 Denied IFP competency-hearing criminal-procedure defendant-rights due-process judicial-procedure mental-competency self-representation sixth-amendment trial-court trial-court-discretion Whether the trial court was obligated to determine the mental competency of a defendant before granting him the right to represent himself at trial if…
19-8177 Christopher Kyle Keys v. Florida Florida 2020-04-02 Denied Response WaivedIFP 14th-amendment 6th-amendment cellular-phone-data character-evidence collateral-crimes criminal-procedure due-process evidence sixth-amendment trial-court-discretion warrantless-search Does the trial court abuse its discretion, within the confines of substantive and procedural due process in the U.S. Constitution's 6th and 14th Amend…
19-7982 Alex Penland v. Ohio Ohio 2020-03-13 Denied IFP abuse-of-discretion criminal-conviction criminal-procedure due-process evidence false-testimony habeas-corpus judicial-fraud legal-remedy post-conviction-relief prosecutorial-misconduct trial-court-discretion Does the trial court abuse its discretion when it failed to entertain Penland's claim that his conviction was tainted by fraud when the prosecutor kno…
19-7925 Ronald O'Rourke v. Jacqueline Lashbrook, Warden Seventh Circuit 2020-03-10 Denied IFP 6th-amendment confrontation-clause constitutional-rights counsel criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance-of-counsel reasonable-conduct right-to-counsel sixth-amendment suppressed-evidence trial-court-discretion Whether the trial court abused discretion in denying petitioner's request for counsel
19-7890 Kevin Michael-Ferdinand Richards v. Michigan Michigan 2020-03-06 Denied IFP abuse-of-discretion coercion constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel plea-coercion plea-understanding plea-withdrawal trial-court-discretion Did The Trial Court Abuse Its Discretion When It Denied Plea Withdrawal Under MCR 6.310(B)?
19-7644 George Jones v. Cindy Griffith, Warden Eighth Circuit 2020-02-12 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal credibility direct-appeal expert-witness expert-witness-credibility ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies prejudice sentencing-discrepancy trial-court-discretion Has prejudice been shown-where defense counsel fails to investigate the credibility of the Defense's expert witness
19-7416 James P. Griffin v. United States Second Circuit 2020-01-24 Denied Response WaivedIFP abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w Whether the trial court abused its discretion in denying a continuance due to medical problems
19-902 Michael Ramon Ochoa v. Arthur Levine, et al. Pennsylvania 2020-01-23 Denied Response Waived 18-usc-1846 civil-conspiracy collateral-order collateral-orders constitutional-protection criminal-complaints defamation judicial-notice pa-constitution trial-court-discretion Does Exhibit F. The Hill School Conversations sufficiently represent the facts supporting civil-conspiracy,defamation
19-6395 V. A. C. v. J. L. W. Texas 2019-10-28 Denied IFP civil-procedure confrontation-clause constitutional-challenge direct-appeal due-process effective-assistance-of-counsel ineffective-assistance parental-rights prejudice termination-of-parental-rights trial-court-discretion If it can be proven that the relied upon convictions in a Termination of Parental Rights action are unconstitutional and unreliable, does deference & …
19-6345 William N. Lucy v. Mary Cooks Eleventh Circuit 2019-10-22 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-review bankruptcy-proceedings certiorari-petition civil-procedure criminal-procedure due-process eviction habeas-corpus judicial-error post-conviction-relief property-rights standing trial-court-discretion Whether the Mobile County Circuit Court abused its discretion in granting an eviction order while the petitioner was in bankruptcy
19-6272 Mauricio Lara-Bonilla v. United States Ninth Circuit 2019-10-16 Denied Response WaivedIFP batson-challenge batson-v-kentucky civil-rights discriminatory-intent due-process equal-protection juror-bias jury-selection peremptory-challenges peremptory-strike trial-court-discretion Whether a party's challenge for cause to a minority juror is a relevant circumstance a trial court should consider when evaluating claims of discrimin…
19-472 City of East Cleveland, Ohio, et al. v. Charles Hunt, et al. Ohio 2019-10-10 Denied Response Waived abuse-of-discretion bifurcation civil-litigation civil-procedure civil-procedure-bifurcation discretion emergency-vehicle-immunity expert-witness-testimony juror-misconduct manifest-weight-of-evidence motion motion-to-bifurcate trial trial-court-discretion trial-procedure Whether the Trial Court abused its discretion when it denied Petitioners' Motion to Bifurcate the trial
19-6080 Marcus H. v. Connecticut Connecticut 2019-09-26 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process equal-protection indigent indigent-defense right-to-counsel sixth-amendment structural-error trial-court-discretion Was the indigent petitioner's Sixth Amendment right to have appointed counsel represent him at his criminal jury trial violated when the trial court f…
19-311 Al Cannon, Sheriff, Charleston County, South Carolina v. Broderick William Seay, Jr. Fourth Circuit 2019-09-06 Denied Response RequestedResponse WaivedRelisted (9) appellate-review deference double-jeopardy fact-finding federal-habeas manifest-necessity mistrial strict-scrutiny trial-court-deference trial-court-discretion Whether the required strict scrutiny applied to the legal determination of manifest necessity constrains the deference accorded a trial court's fact-f…
19-5643 Raymont Wright v. United States Third Circuit 2019-08-20 Denied Response RequestedResponse WaivedRelisted (2)IFP double-jeopardy indictment-dismissal inherent-power inherent-power-of-courts judicial-integrity jury-deadlock mistrials prosecutorial-discretion prosecutorial-misconduct separation-of-powers trial-court-discretion trial-court-power Whether a trial court possesses inherent power to dismiss an indictment with prejudice following serial mistrials for jury deadlock or whether the exe…
19-5624 Zachary William Hicks v. United States Ninth Circuit 2019-08-16 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing due-process hicks-factors ineffective-assistance judicial-review sentencing-factors sentencing-guidelines sentencing-review sixth-amendment trial-court-discretion Whether the Trial Court Imposed an Unreasonable Sentence by Failing to Adequately Consider Hicks' Factors and Whether Trial Counsel Rendered Ineffecti…
19-5079 Kenneth Blackwell v. Georgia Georgia 2019-07-05 Denied Response WaivedIFP appeal-discretion appellate-procedure appellate-review evidence issue-preservation judicial-discretion legal-sufficiency legal-theory prior-bad-acts prior-difficulties-evidence standard-of-review state-argument trial-court trial-court-discretion trial-procedure waiver Whether the Georgia Court of Appeals erred when it held that the trial court admitted Petitioner's sexual acts in Ohio as prior difficulties evidence …
18-1592 Allstate Insurance Company v. Daniel Rivera, et al. Seventh Circuit 2019-06-27 Denied Response RequestedResponse WaivedRelisted (2) article-iii article-iii-standing civil-procedure defamation fair-credit-reporting-act fcra federal-jurisdiction standing state-law-claims supplemental-jurisdiction trial-court-discretion Whether a federal court may exercise supplemental jurisdiction over state-law claims when it determines after trial that a plaintiff lacks standing to…
18-9442 Donald Loston v. Darrel Vannoy, Warden Fifth Circuit 2019-05-28 Denied Response WaivedIFP 6th-amendment counsel-of-choice criminal-procedure due-process ineffective-assistance judicial-efficiency judicial-integrity reversible-error right-to-counsel sixth-amendment state-trial-court trial-court-discretion Whether a state trial court denial of counsel of choice is reversible error when no threat against the interest of judicial integrity and efficiency w…
18-9293 Eugene Cooper v. Florida Florida 2019-05-15 Denied Response WaivedIFP abuse-of-discretion constitutional-rights due-process evidentiary-hearing federal-constitutional-rights newly-discovered-evidence postconviction-relief right-to-counsel trial-court-discretion Whether the trial court erred and abused its discretion in denying Mr. Cooper's 3.850 (b) (1) Motion for Postconviction relief based on Newly Discover…
18-8535 Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-03-22 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights Whether state statutes provide pre-trial remedies for prosecutorial overreaching by interlocutory appeal, and whether defense counsel's failure to per…
18-7759 Travis Buckner v. United States Eleventh Circuit 2019-02-05 Denied Response WaivedIFP effective-representation fourteenth-amendment motion-to-continue right-to-counsel sixth-amendment trial-court-discretion trial-procedure Whether the Defendant was denied his Sixth and Fourteenth Amendment rights to assistance of counsel
18-7558 Brandon Lamar Hawkins v. Florida Florida 2019-01-24 Denied Response WaivedRelisted (2)IFP competency-hearing criminal-procedure criminal-procedure-competency criminal-sentencing due-process ineffective-assistance judicial-procedure mental-competency mental-health resentencing sentencing trial-court trial-court-discretion Whether petitioner is entitled to discharge, new trial, and/or resentencing based on the trial court failing to conduct a competency hearing
18-951 T&T Rock Distribution, LLC v. Rutilio I. Velasco Texas 2019-01-22 Denied Response Waived abuse-of-discretion arbitration-agreement civil-procedure court-of-appeals discretionary-review federal-arbitration-act litigation-stay motion-to-compel standard-of-review stay-of-litigation trial-court-discretion Whether the Supreme Court should grant certiorari to review the denial of a motion to compel arbitration
18-7299 Leon Tony Parker, Jr. v. Texas Texas 2019-01-10 Denied IFP conflict-of-interest counsel-of-choice counsel-withdrawal court-procedure due-process judicial-discretion motion-resolution motion-to-substitute motion-to-substitute-counsel motion-to-withdraw record-keeping right-to-counsel trial-court-discretion trial-fairness Does the highest state court's decision conflict with the United States Supreme Court's guarantee to be represented by counsel of one's own choice?
18-675 Lisa M. West v. Missouri Missouri 2018-11-23 Denied Response Waived abuse-of-discretion admissibility conviction-and-sentence criminal-appeal daubert-review daubert-standard evidence-admissibility expert-witness judicial-review missouri-law scientific-testimony standard-of-review trial-court-discretion Whether this court should require a de novo review of the trial court's handling of scientific testimony to determine whether Daubert v. Merrell Dow P…
18-6704 Aaron Jonathon Zemke v. Michigan Michigan 2018-11-14 Denied IFP abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion Whether Mr. Zemke received ineffective assistance of counsel under the Sixth Amendment
18-6001 Demario Carman v. Georgia Georgia 2018-09-18 Denied Response WaivedIFP civil-rights constitutional-rights double-jeopardy due-process fifth-amendment manifest-necessity mistrial-exception reasonableness trial-court trial-court-discretion Whether the protection against Double Jeopardy contained in the Fifth Amendment is an empty promise
18-5823 Alonzo D. Marshall v. United States District of Columbia 2018-08-29 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process evidentiary-hearing innocence innocence-claim post-conviction-relief section-23-110 trial-court-discretion witness-credibility Whether the court of appeals erred in affirming the trial court's decision to deny the defendant's Section 23-110 motion following an evidentiary hear…
18-5366 Ronald David Martin v. Tony Trierweiler, Warden Sixth Circuit 2018-07-26 Denied Relisted (2)IFP appeal confrontation-clause criminal-procedure evidence-admissibility ineffective-assistance ineffective-assistance-of-counsel motion-to-introduce-evidence rape-shield-statute right-to-present-defense trial-court-discretion Whether petitioner was deprived of his right to confront witnesses, his right to present a defense, and his right to the effective assistance of couns…
18-5355 Del Ray Sanders v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-26 Denied Relisted (2)IFP accidental-death criminal-procedure criminally-negligent-homicide due-process homicide-charges jury-instructions lesser-included-offense lesser-included-offenses manslaughter standard-of-review texas-penal-code trial-court-discretion unreasonable-application-of-federal-law Whether the trial court erred in denying the defendant's request for jury instructions on the lesser-included offenses of manslaughter and criminally …