trial-procedure

274 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6778 Jasim Mohammed Hassi Ramadon v. Colorado Colorado 2026-02-11 Pending IFP constitutional-rights counsel-coercion defendant-testimony effective-assistance structural-error trial-procedure 1. When a defendant is prevented from testifying due to counsels' coercive actions, does structural error occur? 2. Was Mr. Ramadon's constitutional…
25-858 Charlotte Chemuti v. North Carolina North Carolina 2026-01-20 Pending ancillary-proceeding criminal-defendant evidence-production law-enforcement-videos pennsylvania-v-ritchie trial-procedure 1) WHETHER THE A STATE MAY PROHIBIT A CRIMINAL DEFENDANT FROM COMPELLING THE PRODUCTION OF LAW ENFORCEMENT VIDEOS TO THE DEFENDANT'S TRIAL WHERE THE S…
25-6162 Terrell Onterial Lobley v. Don Harris, Warden Eighth Circuit 2025-11-19 Denied Response WaivedIFP constitutional-violation ineffective-counsel judicial-review legal-interpretation state-law trial-procedure Are the Courts (state and otherwise) required to uphold Laws that are in violation of State and Federal Constitutions? Is an individual, incarcerated…
25-5843 Carlos Lorenzo Jackson v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2025-10-09 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus trial-procedure Question not identified.
25-5671 Mohamed Mohamed Mohamud, Issa Doreh, and Ahmed Nasir Taalil Mohamud v. United States Ninth Circuit 2025-09-18 Denied Response WaivedIFP constitutional-evidence due-process fisa-review government-surveillance ninth-circuit-standard trial-procedure Question not identified.
25-5679 Lewis Anderson v. California California 2025-09-18 Rehearing Relisted (2)IFP constitutional-rights deadly-weapon due-process evidence-admission propensity-evidence trial-procedure A. SHOULD UNITED STATES SUPREME COURT GRANT CERTIORARI REVIEW ON ASSAULT WITH DEADLY WEAPON CHARGE AND VACATE STATE'S COURT'S CONVICTION ON PROPENSITY…
25-5659 Ohio, ex rel. Ricardo Dodson v. Shelbie Smith, Warden Ohio 2025-09-16 Denied IFP double-jeopardy due-process fourteenth-amendment jury-verdict sixth-amendment trial-procedure 1. Can a trial court correct-Amend a jury's verdict that announced the wrong name upon reading the verdict, upon assenting to the verdict on polling, …
25-5560 Yancey J. Myers v. United States Eighth Circuit 2025-09-05 Denied Response WaivedIFP constitutional-rights due-process judicial-bias jury-misconduct structural-error trial-procedure 1) . Where a disqualified trial judge recuses himself due to substantial prejudice/bias ; POSTCONVICTION! is there a structural error because said j…
25-5545 Miguel Angel Homedes v. United States Sixth Circuit 2025-09-04 Denied Response WaivedIFP appellate-review closing-argument due-process evidentiary-rules prosecutorial-misconduct trial-procedure Whether improper prosecutorial statements in closing argument are sufficiently flagrant to warrant reversal, where they inserted facts not directly in…
25-5549 Vladislav Konstantin Aksenov v. United States Ninth Circuit 2025-09-04 Denied Response WaivedIFP constitutional-rights due-process equal-protection fourteenth-amendment racial-bias trial-procedure Do the Fifth and Fourteenth Amendments prohibit the government at trial from implicitly evoking stereotypes about a defendant's racial or ethnic backg…
25-5537 Benito M. Valdez v. United States District of Columbia 2025-09-03 Denied IFP constitutional-rights courtroom-access judicial-discretion public-trial sixth-amendment trial-procedure Is the Sixth Amendment right to a "public trial" violated where the trial court—for the stated purpose of keeping the proceedings private rather than …
25-5328 Ayana Saunders v. United States Sixth Circuit 2025-08-12 Denied Response WaivedIFP constructive-amendment indictment sixth-circuit trial-procedure variance venue I. Whether the Sixth Circuit Court of Appeals erred in finding that the proof at trial did not result in a Constructive Amendment or Variance from the…
25-5253 Steven Tuopeh v. South Dakota South Dakota 2025-08-01 Denied Response RequestedResponse WaivedRelisted (8)IFP compulsory-process court-transport criminal-defense due-process trial-procedure witness-testimony I. In the present case, the Petitioner sought to transport a penitentiary inmate witness to testify at a murder trial via a transport order and subpoe…
25A114 Scott Breimeister v. United States Fifth Circuit 2025-07-28 Presumed Complete double-jeopardy fifth-amendment governmental-misconduct mistrial prosecutorial-misconduct trial-procedure Whether the Double Jeopardy Clause bars a criminal retrial when a mistrial was sua sponte declared due to government misconduct over the defendant's o…
25-5075 Mark Jabben v. Texas Texas 2025-07-10 Denied IFP character-evidence confrontation-clause due-process expert-testimony sixth-amendment trial-procedure 1. Should the Court of Criminal Appeal's overturn the verdict because there was insufficent evidence of culpability ? 2. Did the State Court violate…
24-7435 Antonio Nathaniel Davenport, Jr. v. United States Fourth Circuit 2025-06-16 Denied Response RequestedResponse WaivedRelisted (5)IFP criminal-law jury-instruction murder-statute north-carolina-law statutory-interpretation trial-procedure Whether the Trial Court Erred by Failing to Give A Properly Requested Jury Instruction as to the North Carolina Crime of Murder in Violation of N.C. G…
24-7422 In Re Jerome Eric Bivens 2025-06-13 Denied IFP constitutional-rights criminal-conviction due-process judicial-error jury-selection trial-procedure Does an illegally empaneled jury void a criminal conviction and/or mandate a new trial
24-7329 Nicco-Kawon Pledger v. Massachusetts Massachusetts 2025-05-30 Denied Response WaivedIFP due-process expert-testimony hearsay-evidence ineffective-assistance jury-instructions trial-procedure Whether counsel's failure to challenge the admissibility of expert testimony and hearsay evidence prejudicially impacted the defendant's right to a fa…
24-7199 Alcenios Martinez, aka Aucensio Lopez v. Texas Texas 2025-05-14 Denied IFP constitutional-right counsel-appointment habeas-corpus ineffective-assistance state-review trial-procedure Is a defendant constitutionally entitled to the appointment of counsel for the initial review of an ineffective assistance of trial counsel claim in a…
24-1159 Jeffrey Clyde Pitts v. Mississippi Mississippi 2025-05-13 Judgment Issued Response RequestedResponse WaivedRelisted (8) child-witness confrontation-clause constitutional-rights courtroom-screening criminal-procedure trial-procedure Whether the Confrontation Clause permits the use of a screen at trial that blocks a child witness's view of the defendant, without any individualized …
24-7136 DeWayne Lee Waldrup v. Texas Texas 2025-05-05 Denied IFP constitutional-rights due-process habeas-corpus ineffective-counsel self-representation trial-procedure Whether Texas trial courts improperly denied petitioner's right to self-representation and effective counsel by dismissing court-appointed counsel wit…
24-7050 Juan Carlos Sotelo v. United States Ninth Circuit 2025-04-22 Denied Response WaivedIFP due-process judicial-discretion juror-dismissal jury-selection legal-standard trial-procedure Whether the standard for dismissing a juror based on views on the merits of the case is a 'demonstrable reality', 'any possibility', 'any reasonable p…
24-1084 Steven M. Hohn v. United States Tenth Circuit 2025-04-17 Denied Amici (7) attorney-client-privilege constitutional-rights legal-prejudice prosecutorial-misconduct sixth-amendment trial-procedure Whether a prosecutor's intentional, unjustified intrusion into a defendant's attorney-client communications violates the Sixth Amendment without a sho…
24-6995 Preston Alton Strong v. Arizona Arizona 2025-04-15 Denied IFP burden-of-proof due-process external-evidence judicial-error jury-misconduct trial-procedure Did the Arizona Supreme Court err by shifting the burden of proof of harm to the defendant after a juror was exposed to inadmissible external evidence…
24-6574 Mark A. Marchetti v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-02-14 Denied IFP constitutional-rights due-process effective-assistance exculpatory-evidence fair-trial trial-procedure Whether a trial court's failure to introduce available exculpatory evidence violates a defendant's constitutional rights to a fair trial and effective…
24-6117 Michael Eric Pennington v. Texas Texas 2024-12-11 Denied IFP constitutional-review criminal-appeals ineffective-assistance-of-counsel judicial-interpretation legal-precedent trial-procedure Whether the Court of Criminal Appeals' decision was contrary to established Supreme Court precedent
24-6029 Glenna Duram v. Jeremy Howard, Warden Sixth Circuit 2024-11-25 Denied IFP appellate-review constitutional-rights due-process hearsay-evidence ineffective-assistance trial-procedure Whether the trial court violated constitutional due process by admitting unfairly prejudicial hearsay evidence from an internet website and whether de…
24-5963 Cameron Davon Wright v. James R. Schiebner, Warden Sixth Circuit 2024-11-13 Denied Response WaivedIFP aiding-and-abetting brecht-standard constitutional-error jury-verdict sufficiency-of-evidence trial-procedure Whether the lower court misapplied Brecht v. Abrahamson standard by using an incorrect sufficiency of evidence test that denied fundamental justice in…
24-5947 Ismail Salaam v. United States Sixth Circuit 2024-11-08 Denied IFP courtroom-closure judicial-review plain-error sixth-amendment structural-error trial-procedure Whether a structural error during trial automatically warrants reversal even without a contemporaneous objection under plain error review
24-5843 Jerome R. Sueing v. Noah Nagy, Warden Sixth Circuit 2024-10-29 Dismissed Response WaivedIFP constitutional-rights due-process ineffective-assistance prosecutorial-misconduct sixth-amendment trial-procedure Whether the trial court violated Petitioner's due process rights by joining unrelated cases and improperly admitting prejudicial testimony
24-5591 Guy Benjamin Bowman v. United States Fourth Circuit 2024-09-20 Denied Response WaivedIFP jury-selection peremptory-strikes racial-bias structural-error trial-procedure voir-dire Whether the trial court's refusal to ask voir dire questions on racial bias, deprivation of venire information, and usurpation of peremptory strikes c…
24-5320 Ahkemon J. Bardell v. Louisiana Louisiana 2024-08-14 Denied IFP confrontation-clause constitutional-rights criminal-defense due-process fourteenth-amendment trial-procedure Whether the trial court violated the petitioner's constitutional rights by failing to detect and prevent a potential confrontational violation during …
24-5239 John C. Coleman v. Michael Swartz, Warden Sixth Circuit 2024-08-06 Denied IFP actual-innocence appellate-review brady-violation civil-rights constitutional-violation due-process evidence-standard fair-trial ineffective-assistance ineffective-assistance-of-counsel trial-procedure Why was COLEMAN denied equal protection of law?
24-5169 Jeremy David Spielbauer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-07-30 Denied IFP challenges-for-cause constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel jury-selection media-coverage trial-procedure use-immunity venue Question not identified.
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…
24-5113 Steven Alexander Mantecon v. Florida Florida 2024-07-18 Denied IFP constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury jury-trial sixth-amendment trial-procedure Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense
23-7803 Michael Sean Graham v. United States Ninth Circuit 2024-06-25 Denied Response WaivedIFP confrontation confrontation-clause covid-19-restrictions due-process fifth-amendment public-interest sars-cov-2 sixth-amendment trial-procedure Did the Ninth Circuit err in holding that masking trial witnesses did not violate the defendant's due process and confrontation rights?
23-7778 Davonte Williams-Dorsey v. United States Second Circuit 2024-06-21 Denied Response WaivedIFP criminal-procedure criminal-procedure-due-process-jury-trial-evidence due-process duress-defense fifth-amendment judicial-precedent jury-trial sixth-amendment trial-procedure united-states-v-contento-pancho united-states-v-paul Did the lower courts err in precluding petitioner's duress defense at trial?
23-7597 William Hill v. New Jersey New Jersey 2024-05-30 Denied IFP appellate-court appellate-review california-v-champman constitutional-review conviction conviction-reversal due-process first-amendment harmless-error trial-procedure When an appellate court concludes that a conviction for one offense violated the First Amendment, is the appellate court required to apply the harmles…
23-7575 Oscar Dillon, III v. United States Eighth Circuit 2024-05-28 Denied Response WaivedRelisted (2)IFP acquittal acquitted-conduct criminal-culpability double-jeopardy federal-rules-of-evidence fifth-amendment rule-404(b) trial-procedure unrelated-charges Whether the Fifth Amendment's Double Jeopardy Clause prohibits the introduction of acquitted criminal conduct under Rule 404(b) in a separate trial wh…
23-7556 Nathan O. Beal v. Washington Washington 2024-05-23 Denied IFP criminal-procedure criminal-trials daubert-standard due-process evidence-rule expert-testimony federal-evidence-rule firearm-ballistics frye-standard scientific-evidence trial-procedure Should Washington State use the Daubert standard for criminal trials, or is the Frye standard sufficient?
23-7528 Aaron Matthew Rentfrow v. United States Fifth Circuit 2024-05-21 Denied Response WaivedIFP criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony Whether the district court erred in failing to grant a mistrial
23-7443 Irvin Thomas v. Illinois Illinois 2024-05-09 Denied IFP appellate-jurisdiction constitutional-rights due-process excessive-sentence ineffective-assistance-of-counsel judicial-review procedural-errors provocation sentencing trial-procedure video-evidence Whether the petitioner's due process rights were violated when several arguable issues apply to why the petitioner's sentence was excessive given the …
23A1001 Amadi Sosa v. Massachusetts Massachusetts 2024-05-09 Presumed Complete co-defendant confrontation-rights due-process perjury severance trial-procedure Whether a state court's procedural rules permitting a co-defendant to testify in a potentially perjurious manner violate a criminal defendant's due pr…
23-1186 Rodney Thomas Ternovsky v. Florida Florida 2024-05-02 Denied Response Waived consent due-process evidence-admissibility fair-trial Fourteenth-Amendment irrelevant-evidence jury-prejudice prejudicial-evidence trial-procedure Whether the Petitioner's Fourteenth-Amendment-due-process-right-to-a-fair-trial-was-violated
23-7191 Jay Lin v. Aaron Sayers New Jersey 2024-04-10 Denied IFP civil-rights constitutional-violation due-process forgery judicial-misconduct new-jersey-courts perjury perjury-allegation secret-law secretive-stipulation trial-procedure Due-process-violation
23-6843 Joseph A. Crenshaw v. Florida Florida 2024-02-28 Denied Response WaivedIFP due-process expert-witness fair-trial fourteenth-amendment ineffective-assistance post-conviction sixth-amendment trial-procedure Does a trial court's 'tender and accept' procedure of an expert witness in front of a jury violative of a Defendant's Sixth Amendment right to a fair …
23-908 Woojin Cho v. New York New York 2024-02-22 Denied Response Waived constitutional-error due-process harmless-error prosecutorial-misconduct reasonable-possibility standard-of-review trial-procedure witness-credibility Whether it is constitutional error for a prosecutor in summation to express her personal belief that the defendant lied on the stand?
23-815 Laurie Ann McRay, et al. v. Dow Golub Remels & Gilbreath PLLC Texas 2024-01-30 Denied Response WaivedRelisted (2) attorney-client-relationship attorney-fees counterclaims due-process judicial-fairness legal-ethics legal-malpractice prosecutorial-fees substitute-counsel summary-judgment trial-procedure When a law firm sues its own clients, are the clients' Due Process rights violated?
23-6510 In Re Theodore C. Shove 2024-01-18 Dismissed Relisted (2)IFP civil-rights constitutional-violation criminal-procedure due-process evidence judicial-misconduct judicial-review legal-evidence oath-of-office standing trial-procedure Whether there can be an appealable judgment without a valid legal search or arrest warrant, or returns of any evidence
23-6267 Jose Gonzalez, III v. Texas Texas 2023-12-15 Denied IFP constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent right-to-counsel right-to-remain-silent sixth-amendment trial-procedure Is McCoy v Louisiana a logical extension of Florida V Nixon when concession of Petitioner's guilt was never discussed prior to trial?
23-6256 Kenneth Ray Brabham v. Florida Florida 2023-12-14 Denied IFP civil-rights constitutional-violation due-process judicial-discretion judicial-misconduct prosecutorial-misconduct structural-defect structural-error sua-sponte trial-procedure Whether a trial judge's sua sponte actions create the appearance of partiality
23-6204 Angel Anthony Sanchez v. California California 2023-12-08 Denied IFP constitutional-rights due-process effective-assistance-of-counsel evidence-code fair-trial fifth-amendment fourteenth-amendment prior-acts-instructions sixth-amendment trial-procedure whether-petitioner-was-denied-his-fifth-sixth-and-fourteenth-amendment-rights-to-due-process-and-fair-trial
23-6108 Bryan Scott Cavett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-27 Denied IFP compulsory-process constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction trial-procedure Whether or not State violates an accused person's Due Process Rights when Texas High Court denies his State 11.07 Habeas Corpus, without written order…
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…
23-5992 In Re John Bailey 2023-11-13 Denied Relisted (3)IFP constitutional-rights due-process equal-protection habitual-offender judicial-discretion jury-selection legal-interpretation sentencing state-law trial-procedure unconstitutional Question not identified
23-452 Michigan v. Anthony Joseph Veach Michigan 2023-10-30 Denied 6th-amendment child-rape child-victim courtroom-closure public-trial sixth-amendment technicality trial-court trial-procedure victim waller-standard Does the Sixth Amendment right to a public trial require subjecting the child rape victim to an automatic retrial based on a technicality when there a…
23-5785 Joshua Aston v. Arizona Arizona 2023-10-16 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process jury-instructions reopening-of-case right-to-present-defense right-to-testify sixth-amendment trial-procedure unanimous-jury Where a defendant's right to testify was violated
23-5714 Cuhuatemoc Hinricky Peraita v. Alabama Alabama 2023-10-04 Denied Relisted (2)IFP appellate-review evidence-rule juror-misconduct jury-misconduct mattox-v-united-states no-impeachment-rule parker-v-gladden prior-convictions sixth-amendment trial-procedure verdict-challenge Did the Alabama Court of Criminal Appeals depart from this Court's decisions in Mattox v. United States, 146 U.S. 140 (1892) and Parker v. Gladden, 38…
23-5682 Dillion Gage Compton v. Texas Texas 2023-10-02 Denied Relisted (10)IFP constitutional-law disparate-treatment equal-protection gender-discrimination jury-selection peremptory-challenges peremptory-strikes side-by-side-analysis trial-procedure Whether a court's comparison of generalizations about all the female prospective jurors who were struck by the prosecution with generalizations about …
23-5618 Gustavo Tijerina Sandoval v. Texas Texas 2023-09-20 Denied Relisted (10)IFP constitutional-rights criminal-procedure criminal-trial due-process jury-empanelment jury-selection lower-court-split trial-procedure When does jury empanelment begin for purposes of the due process right to be present?
23-5594 Brim Bell v. New Hampshire New Hampshire 2023-09-15 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct sixth-amendment trial-procedure warrantless-search Whether trial-counsel erred by excluding the Defendant from the last two-days of trial?
23-5362 Jerry Lee Beale, Jr. v. Mississippi Mississippi 2023-08-16 Denied Response WaivedIFP attempted-murder civil-rights criminal-intent criminal-procedure due-process hearsay hearsay-testimony intent jury-instructions officer-testimony trial-procedure Whether the indictment was defective for failure to allege what act Beale committed in furtherance of his attempt to kill the officers
23-5372 Larry David Davis v. Amy Jackson Douglas, et al. Eighth Circuit 2023-08-16 Dismissed IFP civil-rights constitutional-provisions criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel legal-jurisdiction police-misconduct statutory-interpretation trial-procedure whether-a-public-defender-has-an-ethical-duty-to-investigate-and-challenge-the-prosecution's-case
23-5332 Tamara Jeune, aka Tamara Voltaire v. United States Eleventh Circuit 2023-08-10 Denied IFP circuit-court-split circuit-split evidence-rule federal-rules-of-evidence judicial-interpretation prejudice probative-value propensity-evidence rule-404(b) trial-procedure How are the courts to properly apply Fed. R. Evid. 404(b)?
23-5307 Curt Daniel Crowder v. Texas Texas 2023-08-09 Denied IFP appellate-process appellate-review constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance remedy right-to-counsel right-to-present-witnesses trial-procedure trial-process When a citizen is deprived of the right to present witnesses in his defense, and effective assistance of counsel, in both the trial and appellate proc…
23-5253 Youssef Hoballah v. Virginia Virginia 2023-08-01 Denied IFP appeal-procedure constitutional-rights criminal-procedure double-jeopardy due-process evidence plea-bargaining sentencing sixth-amendment structural-error trial-procedure Whether the defendant's plea agreement was invalid, and the defendant's conviction should be vacated, due to the defendant being incarcerated on an un…
23-5247 In Re David Jackson 2023-07-31 Dismissed IFP and post-conviction proceedings trial 14th-amendment 4th-amendment arrest-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel post-conviction-relief probable-cause retaliation search-and-seizure self-incrimination trial-procedure Whether the warrantless search and seizure of February 14, 1991 violated the 4th and 14th Amendment rights
23-5127 Edward R. Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2023-07-18 Denied IFP constitutional-rights criminal-procedure dna-analysis dna-evidence due-process habeas-corpus laboratory-evidence sentencing trial-procedure Did the sentencing court err in using false and misleading DNA laboratory analysis in the petitioner's trial proceeding, which violated the petitioner…
23-5033 Rick John Morales, Jr. v. United States Ninth Circuit 2023-07-05 Denied Response WaivedIFP criminal-procedure due-diligence expert-witness government-action speedy-trial trial-procedure trial-scheduling witness-appearance Whether sending an email asking if there is a 'better' date for an expert witness qualifies as the Government's requirement to act with 'due diligence…
22-7787 Noel K. Bango v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-06-14 Denied Response WaivedRelisted (2)IFP constitutional-rights discovery-violation dna-evidence due-process evidence-admissibility federal-rights police-misconduct police-reports sexual-battery speedy-trial tainted-evidence trial-procedure DNA-collection-timeline
22-7774 Duane E. Armstrong v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-06-13 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process evidence expert-testimony fingerprint-analysis forensic-evidence trial-procedure Does the court's need a second analyst to testifies, to the first analyst opinion containing veracious of petitioner's finger print?
22-7542 Wilber Curtis Johnson v. Texas Texas 2023-05-12 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process evidence federal-constitution sexual-assault texas-constitution trial-procedure witness-testimony Whether testimony can be sufficient to render harmless any error in admitting additional testimony as evidence, when trial counsel objected to testimo…
22-7350 Emanuel Higuera v. United States Ninth Circuit 2023-04-24 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-hearing expert-testimony judicial-discretion law-enforcement preliminary-proceedings trial-procedure witness-qualification Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t…
22-7335 Enrique Holguin v. United States Ninth Circuit 2023-04-20 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-standards expert-testimony judicial-discretion law-enforcement preliminary-hearing preliminary-proceedings trial-procedure Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t…
22-1013 J. R. v. North Carolina North Carolina 2023-04-18 Denied Response RequestedResponse WaivedRelisted (2) constitutional-rights criminal-procedure due-process impartial-judge judicial-bias judicial-impartiality liberty-interest north-carolina-law trial-judge trial-procedure Whether the right to an impartial judge is violated when the trial judge also performs the role of the advocate for incarceration
22-7285 Susan Lloyd v. Thomas Pokorny, et al. Sixth Circuit 2023-04-14 Denied Response WaivedIFP 6th-circuit civil-rights due-process judicial-immunity judicial-misconduct jury-trial sanctions standing trial-procedure Are the orders from the 6th Circuit void, should Lloyd's motion for reconsideration be denied?
22-7213 Brian Evan Roth v. Florida Florida 2023-04-05 Denied Response WaivedIFP burden-of-proof civil-rights closing-arguments criminal-procedure due-process evidence evidence-introduction judicial-discretion prosecutorial-misconduct trial-procedure Whether the trial court erred in allowing certain evidence to be introduced and considered as testimony, as well as issues brought up during closing a…
22-7136 Terry Froman v. Ohio Ohio 2023-03-29 Denied IFP 6th-amendment capital-punishment due-process impartial-jury ineffective-assistance-of-counsel juror-selection jury-impartiality racial-bias right-to-counsel trial-procedure Whether a capital defendant is denied his right to an impartial jury when admittedly racially biased jurors were allowed to determine his guilt and pu…
22-7070 Kenneth Douglas Clark, III v. Pennsylvania Pennsylvania 2023-03-22 Denied IFP 6th and 8th Amendment rights by refusing to drop char and allowing a biased jury verdict excluding his self-defense claim constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-bias jury-exclusion prosecutorial-misconduct self-defense sentencing sentencing-guidelines trial-procedure Whether the Commonwealth of Pennsylvania violated the Petitioner's 5th and 6th Amendment rights by refusing to drop all charges against him, denying h…
22-6935 William Ingram v. Illinois Illinois 2023-03-06 Denied Response WaivedIFP appeals appellate-review civil-rights constitutional-rights counsel court-discretion due-process judicial-procedure legal-error standing trial-procedure Whether the trial court violated petitioners' right to choice of counsel and the appellate court's failure to review the trial court's ruling
22-844 Hamid Akhavan and Ruben Weigand v. United States Second Circuit 2023-03-06 Denied confrontation-clause criminal-procedure cross-examination exceptional-circumstances remote-testimony sixth-amendment trial-procedure Whether the Confrontation Clause of the Sixth Amendment is violated by denying a criminal defendant the right to cross-examine a key prosecution witne…
22-6924 Gerald Drummond v. Pennsylvania Pennsylvania 2023-03-03 Denied Response WaivedIFP constitutional-rights due-process fair-trial ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt reasonable-doubt-instruction state-courts structural-error trial-procedure Is the Pennsylvania courts inappropriately denying the United States constitutional protections of the petitioner rights in their denial of relief to …
22-6892 In Re Willie Thomas 2023-02-28 Denied IFP constitutional-rights due-process fundamental-rights habeas-corpus ineffective-assistance judicial-bias judicial-discretion judicial-usurpation right-to-testify trial-procedure whether the District Court Approach to 2254 petition asserting a loss of a fundamental constitutional right to choose whether to testify in his own de…
22-6721 Jeffery T. Crystal v. Florida Florida 2023-02-07 Denied IFP constitutional-rights criminal-charges criminal-procedure double-jeopardy due-process ex-post-facto jury-determination jury-trial sixth-amendment supremacy-clause trial-procedure verdict-form Did the verdict form agreed upon by the jury failure to specify 'GUILTY' as to Count 1 violate 6th Amendment right to a jury determination of Guilt?
22-6678 Cortez Watts v. Mississippi Mississippi 2023-02-01 Denied Response WaivedIFP 6th-amendment appellate-review civil-rights constitutional-rights due-process extraneous-evidence impartial-jury juror-misconduct jury-bias jury-selection trial-procedure Whether the trial court properly applied the Darden test of Juror Misconduct
22-6528 Charles Jordan v. Trina Davidson Brooks, Sixteenth District Judicial Assistant District Attorney, et al. Fifth Circuit 2023-01-11 Denied Response WaivedIFP civil-rights constitutional-error due-process habeas habeas-corpus misconduct post-trial-plea procedural-default state-misconduct trial-procedure Should the State be allowed to assert procedural default rules to preclude federal habeas review where their efforts of misconduct and IAC caused cons…
22-6483 Eli Sloan v. United States Ninth Circuit 2023-01-09 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-procedure impartial-jury jury-selection prejudicial sixth-amendment trial-procedure voir-dire Whether the voir dire selection was partial or prejudicial, in violation of Petitioner, Eli Sloan's Sixth Amendment right to an impartial jury
22-6192 Dennis Dean Neff v. United States Tenth Circuit 2022-12-01 Denied Response WaivedIFP appellate-review different-outcome judicial-discretion jury-instruction jury-instruction-error plain-error prejudice reasonable-probability trial trial-procedure unpreserved-claims Whether an appellant must show a 'reasonable probability' of a different outcome at trial to demonstrate prejudice from unpreserved claims of jury ins…
22-6174 Porfirio Duarte-Herrera v. Brian Williams, Warden, et al. Ninth Circuit 2022-11-30 Denied Response WaivedIFP co-defendant-severance constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-instructions ninth-circuit-review severance suppression-of-evidence trial-procedure Did the Ninth Circuit err in denying Mr. Duarte-Herrera's claims of constitutional violations regarding his defense, jury instructions, and failure to…
22-6016 Sheila Gray v. City of Detroit, Michigan Sixth Circuit 2022-11-08 Denied IFP civil-procedure court-discretion judicial-error jury-verdict overturning-verdict standard-of-review substantial-evidence trial-evidence trial-procedure weight-of-evidence witness-testimony Whether Appellant presents substantial evidence that the unanimous jury verdict goes against the great weight of the evidence presented at trial and s…
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…
22-5992 Andre Jenkins v. United States Second Circuit 2022-11-04 Denied Response WaivedIFP circumstantial-evidence criminal-conviction criminal-procedure due-process joint-defense motion-for-acquittal severance trial-procedure witness-credibility Sufficiency-of-evidence
22-5813 Katherine Elizabeth Langhorst v. Texas Texas 2022-10-12 Denied IFP 4th-amendment constitutional-violation due-process evidence-suppression exclusionary-rule fruit-of-the-poisonous-tree illegal-search ineffective-assistance-of-counsel ineffective-counsel plea-bargaining search-and-seizure trial-procedure Was the evidence seized in this cause/case 'Fruits of The Poisonous Tree'?
22-5789 Rodney Donta Jackson v. Minnesota Minnesota 2022-10-07 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process juror-misconduct post-verdict-hearing post-verdict-hearings public-trial sixth-amendment trial-procedure Does the Sixth Amendment right to a public trial extend to postverdict hearings investigating potential juror misconduct?
22-5795 Kevin White, Jr. v. Michigan Michigan 2022-10-07 Denied IFP appellate-review civil-procedure constitutional-rights criminal-procedure due-process evidence evidence-admission judicial-discretion jurisdiction trial-procedure venue Whether the district court erred in dismissing the case for improper venue where the indictment indicated that the alleged crime by the defendant occu…
22-5546 Jhon Albert Carrizales Pretell v. Florida Florida 2022-09-09 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense
22-5453 Hugo F. Marquez v. Brandon Kelly, Superintendent, Oregon State Penitentiary Ninth Circuit 2022-08-29 Denied Response WaivedIFP certificate-of-appealability criminal-procedure cross-examination due-process evidence ineffective-assistance ineffective-assistance-of-counsel interview-tapes right-to-confrontation sex-abuse-case sex-crimes trial-procedure Should the Ninth Circuit have denied Marquez's motion for a certificate of appealability on the issue of ineffective assistance of counsel
21-8288 William Jack Parkerson v. Oregon Oregon 2022-06-29 Denied Response WaivedIFP accomplice-instructions court-of-appeals due-process federal-standard harmless-error oregon-court-of-appeals trial-evidence trial-procedure Did the oregon court of appeals apply the correct federal harmless error standard violating Due Process, when viewing the evidence at trial when it de…
21-8178 Jing Hua Wu v. Eric Arnold, Warden, et al. Ninth Circuit 2022-06-17 Denied IFP civil-rights constitutional-rights due-process evidence-fabrication habeas-corpus ineffective-assistance jury prosecutorial-misconduct standing trial-procedure Jury-Misconduct
21-8141 Christopher G. Poeschl v. Foundation Building Materials, LLC, et al. Colorado 2022-06-15 Denied IFP appellate-review civil-procedure due-process evidentiary-sufficiency expert-testimony judicial-discretion legal-fraud perjury prejudice structural-error trial-procedure trial-procedures Whether or not fraud solidified the Colorado Appeals Affirmation
21-8091 Jermaine Jackson v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2022-06-08 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-violation criminal-procedure due-process evidence-tampering ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct trial-procedure Whether the Third Circuit Court of Appeals erred in finding that the defendant's constitutional rights were not violated and in not granting a new tri…
21-1423 Anthony Hoti v. City of Warren, Michigan Michigan 2022-05-05 Denied Response WaivedRelisted (3) arrest-authority civil-rights due-process jury-selection jury-tampering law-enforcement-discretion probable-cause prosecutorial-misconduct standing trial-procedure Whether the prior secret contacts between the prosecutor and a sitting juror constituted an external influence on the jury
21-1424 Marjana Hoti v. City of Warren, Michigan Michigan 2022-05-05 Denied Response WaivedRelisted (3) due-process external-influence fair-trial judicial-ethics jury-misconduct jury-tampering prosecutorial-misconduct sixth-amendment trial-procedure Is it an external influence on the jury when the prosecutor and one of the sitting jurors had prior secret contacts before the trial starts?
21-7694 Jason Paul Maple v. Lonnie Oliver, Superintendent, State Correctional Institution at Albion Third Circuit 2022-04-26 Denied IFP appellate-review constitutional-error constitutional-trial-error due-process harmless-error pro-se-litigant standard-of-review supreme-court-standard third-circuit trial-procedure Whether the Third Circuit Appellate Court adhered to the terms of harmless-error review, judged by the standard set-forth by the United States Supreme…
21-1376 Mary Alexandre v. National Union Fire Insurance Company of Pittsburgh, PA First Circuit 2022-04-25 Denied accidental-death civil-procedure employee-retirement-income-security-act erisa insurance insurance-policy presumption state-of-mind suicide suicide-presumption trial-procedure Should the trial court apply presumptions against suicide and in favor of an accident when the insured's state of mind is contested in an ERISA-covere…
21-7683 Nelson Conto v. United States Fourth Circuit 2022-04-22 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence fourth-circuit interview-evidence judicial-error motion-in-limine standard-of-review trial-procedure Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of the denial of appellant's…
21-7440 Norman Alan Kerr v. Christopher Gomez, Warden Sixth Circuit 2022-03-23 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-procedure document-suppression due-process evidence-rules government-misconduct judicial-discretion plea-bargaining sentencing trial-procedure Whether the stipulation waives all the elements of the offense, and whether the court can legally hold such a stipulation as valid
21-7312 Daniel Viveiros v. Massachusetts Massachusetts 2022-03-08 Denied Response WaivedIFP complaint-testimony due-process evidence evidence-admission expert-testimony prosecutorial-misconduct sexual-assault trial-error trial-procedure uncorroborated-allegations Whether the trial court erred in admitting evidence without expert medical testimony
21-7248 John Garcia v. Melissa Robinson Arizona 2022-03-02 Denied IFP child-custody constitutional-rights court-order due-process evidence judicial-bias judicial-determination parental-rights parenting-plan trial-procedure Does a judge's pre-determination on the record prior to reviewing the evidence at trial violate a constitutional right to due process?
21-7254 Stephen C. Hanf v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-03-02 Denied IFP civil-rights COVID-19-pandemic criminal-procedure due-process equitable-tolling extraordinary-circumstances habeas-corpus molestation-charges standing trial-procedure Whether the COVID-19 pandemic qualifies as an extraordinary circumstance for equitable tolling
21-7234 Dylann Storm Roof v. United States Fourth Circuit 2022-03-01 Denied IFP 6th-amendment capital-defendant constitutional-rights counsel counsel-authority defense-strategy due-process mental-health-mitigation mental-illness mitigating-evidence trial-procedure When a competent capital defendant and his counsel disagree on whether to present mitigating evidence depicting him as mentally ill, who gets the fina…
21-7071 Keaon Wilson v. United States Third Circuit 2022-02-08 Denied Response WaivedIFP constitutional-rights due-process juror-misconduct juror-numbers jury-selection mix-up sixth-amendment structural-error trial-procedure Is it structural error in violation of the Sixth Amendment for a juror to sit on a jury when that juror was not actually selected to be on the jury du…
21-7040 Harshadkumar Nanjibhai Jadav v. J. Woodson, Warden Virginia 2022-02-01 Denied IFP closing-argument constitutional-rights due-process fair-trial false-evidence prosecutorial-misconduct trial-procedure Does the prosecutor's deliberate use of known false evidence during closing argument violate the accused's Constitutional rights?
21-6851 Joel Quiles v. Massachusetts Massachusetts 2022-01-14 Denied Response WaivedIFP acquittal constitutional-rights criminal-conviction double-jeopardy due-process felony-murder fifth-amendment first-degree-murder trial-procedure Did the defendant's conviction for first degree felony murder violate his constitutional right against double jeopardy?
21-6855 Devin Andrich v. Jerome Francis Meyers, et al. Arizona 2022-01-14 Denied Relisted (2)IFP civil-procedure constitutional-rights court-discretion due-process judicial-procedure rebuttal-evidence time-limits trial-procedure trial-time-limits witness-examination Whether the court of appeals erred in deciding that a 2-hour trial 'chess clock' did not violate Petitioner's due process rights
21-6612 Brian Cavitt v. Massachusetts Massachusetts 2021-12-15 Denied Response WaivedRelisted (2)IFP appellate-review constitutional-rights criminal-procedure dna-integrity due-process fair-trial forensic-evidence misleading-jury perjury quality-assurance trial-procedure Where an incomplete DNA profile allegedly from a knife handle is falsely or scientifically concluded to be a 'match' to a victim's complete DNA profil…
21-764 Patrick Huff v. Florida Florida 2021-11-23 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) constitutional-rights courtroom-closure criminal-procedure first-amendment public-access sixth-amendment trial-procedure waller-analysis waller-v-georgia Whether trial courts may close a courtroom pursuant to a closure statute without undertaking the Waller analysis
21-6327 Frank Paul Ferrara v. Virginia Virginia 2021-11-19 Denied Response WaivedIFP circuit-court civil-rights constitutional-rights due-process evidence-admission expert-testimony fair-trial free-exercise standing statutory-interpretation trial-procedure Should the petitioner's matter have been allowed to progress to a court-ordered trial since the respondent was incarcerated for exercising his constit…
21-6264 Marion Katrell Campbell v. United States Fourth Circuit 2021-11-15 Denied Response WaivedIFP district-court-discretion due-process evidence evidence-admissibility federal-rules-of-evidence rule-404(b) rule-404b rule-702 trial-procedure Whether the district court improperly allowed Federal Rule of Evidence 404(b) & 702 in petitioner's trial
21-6157 Christopher Coker, aka Christopher Forman v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2021-11-03 Denied Response WaivedIFP default-rule due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review martinez-exception martinez-v-ryan pcra post-conviction-relief standing trial-procedure Did Trial Judge failed to rule on meritorious issues?
21-6059 Terry Jonathan Phillips v. Florida Florida 2021-10-22 Denied Response WaivedIFP constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense
21-6008 Keyaira Porter v. Arizona Arizona 2021-10-19 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review batson-challenge comparative-juror-analysis criminal-procedure equal-protection jury-selection racial-discrimination standard-of-review trial-procedure Whether a trial court must make express rulings at Batson's third step
21-5640 Todd Dalton v. Raymond Madden, Warden Ninth Circuit 2021-09-09 Denied Response WaivedIFP child-sexual-abuse child-sexual-abuse-accommodation-syndrome csaas-evidence due-process evidentiary-hearing hearsay in-absentia-trial ineffective-assistance taint-and-memory-expert trial-procedure Did the California Courts' Unreasonable Refusal to Hold an Evidentiary Hearing Entitle Dalton to an Evidentiary Hearing?
21-5566 Razhden Shulaya v. United States Second Circuit 2021-09-02 Denied Response WaivedIFP constitutional-rights counsel-interference due-process judicial-bias jury-instruction jury-instructions right-to-counsel structural-error trial-procedure Whether the United States District Court for the Southern District of New York provided a constitutionally flawed trial and committed structural error…
21-5488 John Patrick Blackmon v. Jeffrey A. Uttecht, Warden Ninth Circuit 2021-08-26 Denied Response WaivedIFP criminal-procedure defendant-rights due-process exceptional-circumstances habeas-corpus judicial-inquiry prior-testimony right-to-testify testimony-waiver trial-procedure waiver Did events in the second trial establish additional process due the Defendant in any subsequent trial?
21-5439 Michael Geoffrey Peters v. Bobby Lumpkin. Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-20 Denied IFP brady-evidence constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct jurisdiction jury-selection trial-procedure Whether I am guilty on Count No.1 of the indictment
21-5373 Bernard Hollomond v. Tracy Ray, Warden Fourth Circuit 2021-08-13 Denied IFP confusion constitutional-rights due-process evidence-consideration jury-trial knowing-and-intelligent sentencing trial-procedure voluntariness waiver Whether the defendant's statements show that he knowingly and voluntarily waived his right to a jury trial
21-5338 Michael Vincent Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-10 Denied IFP constitutional-rights dna-evidence due-process evidence-admissibility fifth-amendment fourteenth-amendment fourth-amendment mistrial probable-cause prosecutorial-misconduct trial-procedure Whether the prosecutor's submission of an affidavit for probable cause listing a tan animal hair found in a wicker trunk, when the DNA report received…
21-5327 Mark Anthony Gonzalez v. Texas Texas 2021-08-09 Denied IFP criminal-procedure juror-substitution jury-deliberation jury-trial sixth-amendment structural-error trial-procedure unanimous-verdict Whether a trial court's failure to instruct a reconstituted jury to deliberate anew after a juror substitution violates the Sixth Amendment right to a…
21-5303 William Pruitt v. United States Eleventh Circuit 2021-08-06 Denied Response WaivedIFP allen-charge burden-of-proof criminal-procedure due-process judicial-error judicial-instruction jury-coercion jury-deadlock jury-instructions retrial trial-procedure Whether the appeals court erred in affirming the use of its pattern modified 'Allen' charge with a deadlocked jury
21-5309 Zachary Cooper v. Virginia Virginia 2021-08-06 Denied IFP actual-bias conflict-of-interest confrontation-clause due-process fraud judicial-bias judicial-conduct judicial-recusal standard-of-review state-judicial-conduct trial-procedure Due-process-recusal
21-5282 Tyrius Green v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-08-03 Denied IFP due-process eyewitness-identification jury-instructions reasonable-doubt structural-error sullivan-v-united-states trial-by-jury trial-procedure witness-identification Whether giving a jury charge on eye witness identification that lacked a factual basis in the evidence produced at trial was contrary to clearly estab…
21-5202 Esteban Figueroa-Larrea v. United States Ninth Circuit 2021-07-23 Denied Response WaivedIFP contested-element criminal-procedure district-court jury-charge jury-instruction jury-instructions legal-scope plain-error standard-of-review trial-court-error trial-procedure Whether the district court plainly erred by misadvising the jury about the legal scope of the sole contested element at trial
21-5182 Pedro Ray Tejeda v. Minnesota Minnesota 2021-07-22 Denied Response WaivedIFP ammunition constitutional-rights criminal-possession criminal-procedure due-process firearm jury-instruction possession trial-procedure unanimous-verdict Must my conviction for Ineligible Person in Poss. of Ammo or firearm be reversed, remanded for new trial and or vacated based on Unanimous Verdict iss…
21-5151 Kenan Ivery v. Ohio Ohio 2021-07-21 Denied IFP aggravated-murder criminal-conviction due-process essential-elements insufficient-evidence jury-removal murder reasonable-doubt trial-procedure Is a petitioner denied due process of law when he is convicted for offenses of which there was insufficient evidence presented at trial to have found …
21-5135 Michael Ray Orr v. Texas Texas 2021-07-19 Denied Response WaivedIFP closing-argument criminal-procedure defendant-rights demeanor fifth-amendment prosecutorial-misconduct self-incrimination trial-procedure Did the trial court err by denying Mr. Orr's objection to improper closing argument by the prosecutor?
21-5094 Stanley Jalowiec v. Ohio Ohio 2021-07-13 Denied IFP caldwell-v-mississippi capital-case capital-punishment constitutional-error death-penalty hurst-v-florida jury-responsibility jury-selection sentencing-responsibility trial-procedure Is telling the jury that their decision is only a mere recommendation unconstitutional under Hurst v. Florida?
21-5041 Kosoul Chanthakoummane v. Texas Texas 2021-07-08 Denied IFP constitutional-rights criminal-defense criminal-procedure due-process eighth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-procedure Whether Mr. Chanthakoummane is entitled to a new trial because trial counsel ignored his unequivocal direction to challenge his guilt during the culpa…
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 …
20-8449 Brian Keith Gorham v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-30 Denied IFP constitutional-rights due-process habeas-corpus impartial-jury ineffective-assistance ineffective-assistance-of-counsel jury-bias jury-selection procedural-default sixth-amendment trial-procedure Whether the Fifth Circuit erred in finding no prejudice from the bias implied by an unqualified juror being seated on Gorham's jury, the court's abuse…
20-8424 James Erik Godiksen v. United States Second Circuit 2021-06-25 Denied Response WaivedIFP appellate-review criminal-procedure expert-testimony harmless-error judicial-discretion jury-instructions jury-note prejudice trial-procedure Did the Court of Appeals improperly conclude that the District Court's mishandling of a jury note and replaying only a portion of the defense expert's…
20-8430 Samuel Gayden v. Illinois Illinois 2021-06-24 Denied IFP chain-of-custody criminal-procedure dna-evidence evidence-admissibility fair-trial ineffective-assistance jury-instructions lay-opinion prosecutorial-misconduct trial-procedure witness-identification Whether the State misused DNA evidence to link Petitioner to the weapon used in the offense, and to alleged threatening letters sent from the Cook Cou…
20-8381 Christian Diaz v. Scott Frauenheim, Warden Ninth Circuit 2021-06-22 Denied IFP civil-rights confrontation counsel-obligations due-process evidence trial-procedure Whether the trial court erred in its handling of the evidence presented against the defendant
20-8387 Bruce Lee Felix v. United States Sixth Circuit 2021-06-22 Denied Response WaivedIFP constitutional-delay criminal-procedure judicial-discretion motion-resolution presumptive-prejudice pretrial-motion pretrial-motions speedy-trial tolling trial-procedure united-states-v-tinklenberg Is the threshold for presumptive prejudice modified by delay not attributable to the United States, or is it a calendar calculation?
20-1742 Akil Jahi, aka Preston Carter v. Tennessee Tennessee 2021-06-15 Denied capital-punishment capital-trial counsel-limitations criminal-defense defendant-autonomy ineffective-assistance-of-counsel mccoy-v-louisiana penalty-phase sixth-amendment trial-procedure Does the Sixth Amendment holding of McCoy v. Louisiana apply to a penalty phase capital trial?
20-8226 In Re Francis Boyd 2021-06-04 Denied IFP criminal-procedure criminal-sentencing due-process habeas-corpus judicial-error jury-instruction jury-instructions miscarriage-of-justice murder murder-degrees third-degree-murder trial-procedure Can a trial judge instruct a jury during a jury charge that they cannot find the petitioner guilty of a certain degree of murder after entertaining a …
20-8209 Dennis J. Edwards v. Kim Larson, Warden Seventh Circuit 2021-06-03 Denied Response WaivedIFP constitutional-rights due-process equal-protection habeas-corpus ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct trial-procedure witness-testimony Whether the petitioner's due process and equal protection rights were violated by the denial of his habeas corpus petition without explanation
20-8203 Dasheme Kareme Hosley v. Rick Hill, Warden Ninth Circuit 2021-06-02 Denied Response WaivedIFP closing-argument due-process harmless-error judicial-ratification jury-instruction jury-instructions legal-misstatement prosecutorial-misconduct trial-court trial-procedure Should courts presume that the jury followed the trial court's correct instruction at the end of trial even if the trial judge expressly ratified a mi…
20-1663 Matthew D. Norwood v. United States Armed Forces 2021-05-28 Denied Response Waived criminal-procedure evidence evidence-rule forensic-interview hearsay hearsay-exception jury-deliberation prior-consistent-statement repetition trial-procedure truth-effect witness-testimony Whether admission of a recorded hearsay statement as a physical exhibit, permitted to be reviewed during deliberations, is a fair application of the e…
20-8134 Erik Jimenez v. Texas Texas 2021-05-25 Denied Relisted (2)IFP 404(b)-exception abuse-of-discretion criminal-procedure evidence-admissibility evidentiary-ruling later-date texas-rule-of-evidence-404(b) texas-rules-of-evidence trial-court trial-procedure Whether the trial court's admissibility of evidence of a later date and not for what defendant was on trial was an abuse of discretion under Texas rul…
20-8105 Daniel Littlepage v. First District Court of Appeals of Ohio Ohio 2021-05-24 Denied Response WaivedIFP appellate-review due-process judicial-bias new-trial structural-error trial-procedure Is a Petitioner Entitled to a New Trial when the 'Bias' and 'Partial' behavior of a Trial Judge exceeds the Requirement to prove 'Structural' Error?
20-8075 Damantae Graham v. Ohio Ohio 2021-05-19 Denied IFP appellate-review capital-punishment capital-sentencing constitutional-error constitutional-law criminal-procedure harmless-error trial-procedure victim-impact victim-impact-testimony Is a new trial required when an appellate court assumes a trial court's admission of irrelevant victim impact testimony was error?
20-8055 Julio Aviles, Sr. v. United States Third Circuit 2021-05-18 Denied Response WaivedIFP civil-rights constitutional-violation due-process habeas-corpus judicial-system material-perjury perjury prosecutorial-misconduct search-and-seizure trial-procedure Whether the entire affidavits of probable cause are based on completely material perjury
20-7900 Monique A. Lozoya v. United States Ninth Circuit 2021-04-30 Denied Response RequestedResponse WaivedRelisted (2)IFP aircraft-crime airspace aviation constitutional-interpretation constitutional-law criminal-jurisdiction criminal-procedure federal-jurisdiction federal-prosecution trial-procedure venue venue-statute Is the airspace above a State part of that State, for purposes of the Constitution's provisions permitting venue only in the State and district where …
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 …
20-7631 Bradford Thompson v. JP Morgan Chase Bank, N.A., et al. California 2021-04-02 Denied IFP adversarial-system civil-procedure civil-rights due-process extrinsic-fraud judgement-annulment judgment-annulment judicial-misconduct legal-remedy standing trial-procedure Can a party prevail at court through misconduct and extrinsic-fraud preventing his adversary from presenting an issue at trial
20-7579 Donald Phillips v. Texas Texas 2021-03-29 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-misconduct juror-misconduct jury prosecutorial-misconduct sixth-amendment trial-procedure Is it proper or a violation of the 6th Amendment due process law for a defense attorney to discover that during testimony in trial one of the jurors w…
20-7586 Phillip Blough v. United States Sixth Circuit 2021-03-26 Denied Response WaivedIFP civil-rights criminal-conduct due-process judicial-error jury jury-instructions legal-prejudice right-to-fair-trial trial-by-jury trial-procedure Does the right to a trial by jury include the right to a jury informed of relevant and non-confusing jury instructions?
20-7470 Pablo Ramon Guerrero v. Nevada Nevada 2021-03-16 Denied IFP actual-innocence batson critical-stage cronic due-process fundamental-fairness mccollum presumed-prejudice strickland structural-error trial-procedure Whether a Batson-McCollum proven violation qualifies as a structural error
20-1223 Johnson & Johnson, et al. v. Gail L. Ingham, et al. Missouri 2021-03-04 Denied Amici (10) civil-litigation civil-procedure consolidation due-process jury-consolidation jury-instructions plaintiffs prejudice trial-procedure Whether a court must assess if consolidating multiple plaintiffs for a single trial violates due process
20-7248 Jonathan Lee Page v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-02-25 Denied IFP constitutional-law court-limitation criminal-procedure independent-act ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection primary-offense primary-offenses trial-procedure Whether counsel was ineffective when he failed to timely object to the lower court expressly limiting the independent act jury instruction to the prim…
20-7249 Derrick Miles v. Illinois Illinois 2021-02-25 Denied IFP 14th-amendment 6th-amendment criminal-appeal due-process eyewitness-identification fair-trial fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment trial-procedure witness-identification Whether the State of Illinois Appellate Court ruling denying petitioner's claim
20-7240 Joseph A. Hollahan v. Illinois Illinois 2021-02-24 Denied Response WaivedIFP civil-rights courtroom-privacy due-process evidence-examination fair-trial jury-deliberations jury-room non-juror-presence public-trial sixth-amendment trial-procedure Does the right to private and secret jury deliberations apply only in the jury room?
20-7031 Jose Diaz, aka Cano v. United States Second Circuit 2021-02-03 Denied Response WaivedIFP constitutional-rights due-process fair-trial juror-deliberations juror-misconduct jury jury-instructions jury-misconduct trial-court-inquiry trial-procedure Should a trial court conduct an inquiry when it learns that jurors have disregarded instructions and discussed the case outside the presence of other …
20-6761 Wayne Wells, Jr. v. Terrie Wallace, Warden Fourth Circuit 2021-01-04 Denied Response WaivedIFP age-of-consent civil-rights constitutional-rights criminal-law criminal-procedure due-process evidence-rules sentencing statutory-interpretation trial-procedure witness-testimony Does the statute SC Code Ann. 8 10-3655 (8)(2) have unconstitutional requirements?
20-6718 Jason J. Johnson v. California California 2020-12-29 Denied IFP criminal-procedure due-process evidence evidentiary-rule judicial-discretion legal-standard newly-discovered-evidence post-conviction post-conviction-relief standards-of-review trial-procedure Under the 'newly discovered evidence rule' does not evidence discovered after conviction, such as evidence the movant could not have possibly discover…
20-6725 Larry Durant v. South Carolina South Carolina 2020-12-29 Denied Response WaivedIFP brady-violation cell-phone-data criminal-sexual-conduct digital-privacy fourth-amendment fourth-amendment-jurisprudence judicial-instruction jury-coercion privacy search-and-seizure sixth-amendment trial-procedure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
20-6663 Benjamin Justin Brownlee v. New York New York 2020-12-18 Denied IFP brady-violation criminal-discovery criminal-procedure discovery due-process late-disclosure medical-evidence medical-records prosecutorial-misconduct trial-procedure Did the prosecution violate its duties under Brady v Maryland (373 US 83 [1963]) and its progeny by withholding the complainant's medical records unti…
20-6621 Shauna Smith v. Brooks Benton, Warden Georgia 2020-12-14 Denied IFP appellate-review cell-phone-records criminal-procedure evidence-suppression habeas-corpus ineffective-assistance-of-counsel phone-records trial-procedure Did the Eleventh Circuit err in deferring to the Superior Court's finding that Ms. Smith was not prejudiced by her appellate counsel's failure to rais…
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
20-6471 Israel Washington v. United States Ninth Circuit 2020-12-01 Denied Response WaivedIFP abuse-of-discretion civil-procedure court-standard due-process judicial-discretion legal-standard standard-of-review testimony-readback trial-procedure Whether the district court abused its discretion in denying a request for the readback of testimony
20-6317 Robert Petty v. Indiana Indiana 2020-11-13 Denied Response WaivedIFP appellate-review closing-arguments constitutional-rights due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sentencing sixth-amendment trial-procedure Whether the Indiana Courts erred in denying Appellant effective assistance of trial counsel during closing arguments and sentencing, violating the Fif…
20-6232 Brian Dwight Peterson v. Randee Rewerts, Warden Sixth Circuit 2020-11-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel law-enforcement prosecutorial-misconduct right-against-self-incrimination right-to-counsel trial-procedure Whether a defense attorney has an obligation to show the defendant live video calls in a capital case and hire a private investigator that the trial c…
20-6199 Jacob Townley Hernandez v. Suzanne M. Peery, Warden Ninth Circuit 2020-11-03 Denied Response RequestedRelisted (11)IFP certificate-of-appealability constitutional-claim counsel-communication gag-order habeas-corpus right-to-counsel sixth-amendment structural-error trial-court-order trial-procedure Whether a trial court's unjustified gag order prohibiting defense counsel from discussing a critical witness's declaration with the defendant violates…
20-6171 Kenneth Emanuel Baptiste v. Craig Koenig, Warden Ninth Circuit 2020-10-29 Dismissed IFP capital-murder capitol-murder constitutional-error due-process fair-trial jury-instruction jury-instructions reconsideration severance-motion stolen-property trial-procedure Was instructing the Jury with CALJIC No. 2.15 in error
20-6110 Samuel Hogans v. United States Fourth Circuit 2020-10-22 Denied Response WaivedIFP constitutional-rights criminal-defendant pro-se-representation right-to-counsel self-representation sixth-amendment trial-procedure trial-proceedings Whether a competent criminal defendant has a constitutional right to self-representation under the Sixth Amendment when the defendant invokes the righ…
20-6069 Jeff Howell v. Indiana Indiana 2020-10-19 Denied Response WaivedIFP administrative-rule civil-procedure constitutional-rights court-discretion due-process indiana-statute information-access juror-access juror-deliberation public-access trial-procedure trial-proceedings Whether the lower courts erred by denying Howell's right to access of information on jurors who deliberated at his trial
20-5984 Ricardo Woods v. Brian Cook, Warden Sixth Circuit 2020-10-09 Denied Response WaivedIFP batson-challenge batson-v-kentucky confrontation-clause constitutional-law dying-declaration giles-v-california peremptory-challenge sixth-amendment testimonial-statement trial-procedure whether-state-courts-misapply-confrontation-clause
20-5888 Burton Lee Smith v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-10-02 Denied IFP 404(b)-jury-instructions bruton-v-united-states certificate-of-appealability confrontation-clause constitutional-rights effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions mug-shot-identification severance-of-defendants sleeping-juror trial-procedure Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
20-5896 In Re Douglas Weissert 2020-10-02 Denied IFP confrontation-clause constitutional-rights cross-examination evidence-admissibility mental-health prescription-medication sixth-amendment trial-procedure witness-testimony Whether the state trial court violated the defendant's Sixth Amendment rights by prohibiting cross-examination and evidence regarding the witness's me…
20-5780 D. W. v. California California 2020-09-23 Denied IFP amendment criminal-procedure due-process fourteenth-amendment juvenile-court notice petition-amendment prosecutorial-discretion trial-procedure Did The Juvenile Court Violate A Minor's Right To Due Process Under The Fourteenth Amendment When It Granted The Prosecutor's Request To Amend A Petit…
20-5714 Donald Joseph Koshmider, II v. Daniel Lesatz, Warden Sixth Circuit 2020-09-16 Denied Response WaivedIFP civil-rights due-process medical-marijuana possession-immunity retroactivity standing statutory-interpretation trial-procedure Did the Sixth Circuit err when its opinion failed to analyze Petitioner's issues according to the legislative directive that Public Act 283 is retroac…
20-5693 In Re Terron Garhard Dizzley 2020-09-14 Denied Relisted (2)IFP burden-of-proof constitutional-rights double-jeopardy fifth-amendment hung-jury jury mistrial trial-procedure unanimous-verdict Whether the judges ruling that the jury's failure to reach a unanimous decision was not a failure on the jury's part was acquittal and the constitutio…
20-5582 In Re Karl-Heinz Dupuy 2020-09-03 Denied IFP batson-hearing constitutional-rights deliberation-errors due-process equal-protection ineffective-assistance-of-counsel juror-bias jury-selection trial-procedure Whether the failure of counsel to seek a Batson hearing to present evidence of a pattern of discrimination in jury selection, and the failure to prese…
20-5463 Rowmoto Rogers v. Gregory Skipper, Warden Sixth Circuit 2020-08-28 Denied Response WaivedIFP closing-arguments constitutional-rights criminal-procedure due-process prosecutorial-misconduct trial-procedure witness-credibility Whether the prosecutor was improperly allowed to vouch for the credibility of his star witness during closing arguments, denying various constitutiona…
20-5508 David P. Moran v. Florida Florida 2020-08-27 Denied Response WaivedIFP 14th-amendment appellate-review constitutional-challenge due-process fourteenth-amendment motion-preservation preservation-of-issues statutory-interpretation trial-procedure Is Fla. Stat. 924.051(1)(b) unconstitutional due to conflict with the due process clause of the 14th Amendment?
20-5186 John Edward Butler v. North Carolina North Carolina 2020-07-28 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment civil-rights confidential-informant constitutional-rights criminal-investigation dna-evidence due-process excessive-force law-enforcement trial-procedure Whether the defendant's Fourth, Fifth, and Fourteenth Amendment rights were violated by the police officers' use of excessive force, warrantless searc…
20-5038 Reza Olangian v. United States Second Circuit 2020-07-20 Denied Response WaivedIFP credibility due-process fair-trial government-informant government-witness trial-procedure truthfulness witness-availability witness-credibility witness-testimony Is a defendant deprived of a fair trial when government witnesses are invited to comment on his credibility and candor, and when he in turn is asked t…
20-5071 David P. Moran v. Florida Florida 2020-07-20 Denied IFP 14th-amendment appellate-review civil-procedure civil-rights constitutional-challenge due-process fourteenth-amendment motion-preservation preservation-of-error standing trial-procedure Is Fla. Stat. 924.051(1)(b) unconstitutional due to conflict with 14th Amendment due-process
19-1472 Phillip Antonio Davis v. Scott Crow, Director, Oklahoma Department of Corrections Tenth Circuit 2020-07-08 Denied character-evidence conspiracy conspiracy-theory criminal-defense criminal-procedure-evidence-admissibility due-process evidence-exclusion excessive-force jackson-v-virginia judicial-review relevance right-to-present-defense standard-of-review trial-procedure Whether the exclusion of evidence deemed necessary by Petitioner to present a complete defense and to combat the State's theory of guilt could be rati…
19-8836 Bobby Ray Culpepper v. Texas Texas 2020-06-26 Denied IFP civil-rights constitutional-rights due-process fair-trial judicial-bias judicial-error legal-remedy prejudicial-error standing structural-error trial-procedure Was Petitioner Denied a Fair Trial, or was Petitioner's Trial a Result of Structural Errors of Due Process
19-1421 Michael Wilford LaFlamme v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-06-25 Denied Relisted (2) 6th-amendment bias constitutional-rights criminal-procedure due-process evidence evidence-admission expert-testimony judicial-discretion jury-selection jury-selection-bias law-enforcement law-enforcement-bias trial-procedure voir-dire Was Petitioner Prejudiced When Several Prospective Jurors Withheld Crucial Information Pertaining To Employment As Law Enforcement When Asked During V…
19-8765 Tizazu F. Arega v. Lisa L. Sadler, Judge, et al. Ohio 2020-06-19 Denied IFP 14th-amendment conviction criminal-procedure due-process evidence judicial-review jury-instructions jury-misconduct legal-sufficiency sexual-intercourse trial-procedure verdict-validity Was the decision of the Supreme Court of Ohio contrary to clearly established federal law and the Supreme Court of the United States precedent of Cole…
19-8608 Kison Robertson v. United States Eighth Circuit 2020-06-05 Denied Response WaivedIFP alternative-evidence appeals appellate-review civil-rights constitutional-rights criminal-procedure due-process evidence evidentiary-ruling judicial-misconduct standing trial-procedure How does the U.S. Court of Appeals hold the District Court Decision to be erroneous based on the evidence that was not proven to have occurred in the …
19-8419 Erik Wilhelm Traczyk v. Darrel Vannoy, Warden Fifth Circuit 2020-05-12 Denied Response WaivedIFP appeals civil-rights constitutional-standards due-process federal-jurisdiction habeas-corpus jury-impartiality jury-selection state-court-proceedings trial-procedure Whether a state court's denial of a federal habeas corpus petition can be appealed to federal court when no state remedy is available
19-8369 LaLangie Hoskins v. GE Aviation Fifth Circuit 2020-04-28 Denied Response WaivedIFP ada-title-i americans-with-disabilities-act disability disability-discrimination due-process employment-discrimination employment-law protected-class standing trial-procedure wrongful-termination Whether the district court abused its discretion by relying on the erroneous legal premise that the Plaintiff is not part of the protected class of ci…
19-8233 Reynaldo Alberto Cantu v. Texas Texas 2020-04-09 Denied IFP bias constitutional-rights due-process fair-trial impartial-jury judicial-bias juror-misconduct remand trial-procedure Whether the Texas High Court erred in denying Petitioner the right to a fair and impartial trial by failing to remand the case back to the trial court…
19-8091 Vernon Wayne Officer v. Washington Washington 2020-03-24 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defense due-process fair-trial ineffective-counsel judicial-discretion pro-se-defendant right-to-counsel sixth-amendment trial-procedure Whether the denial of the defendant's request for re-appointment of counsel during his jury trial violated his Sixth Amendment right to counsel
19-1118 Jeffrey Todd Palumbo v. Connecticut Connecticut 2020-03-12 Denied Response Waived criminal-procedure criminal-testimony doyle-v-ohio due-process exculpatory-evidence first-time-account impeachment miranda-rights Miranda-warnings prosecutorial-misconduct self-incrimination trial-procedure uncharged-misconduct Whether a prosecutor violates Doyle v. Ohio by eliciting the fact that an exculpatory story is being told for the 'first time' at trial
19-7837 Francine Slavin v. Residential Rentals, Trustee New Hampshire 2020-03-03 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights court-jurisdiction due-process free-speech judicial-intervention judicial-misconduct judicial-proceedings jurisdiction standing trial-procedure whistleblower Whether the New Hampshire supreme court unconstitutionally intervened in the low court's trial of this case by assigning one of its own justices to po…
19-7853 Jaime Monzon-Silva v. United States Ninth Circuit 2020-03-03 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidence evidentiary-ruling fugitive judicial-discretion jury-evidence jury-instructions legal-standard trial-procedure Did the district court abuse its discretion by permitting a jury to hear evidence that Petitioner believed he was a 'wanted fugitive,' evidence that d…
19-7671 Daquan Ossie Bradley v. Minnesota Minnesota 2020-02-14 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-law court-trial due-process judicial-review standard-of-review structural-error sullivan-v-louisiana trial-procedure Whether a court-trial verdict that is based on a constitutionally-deficient burden of proof is structural error under Sullivan v. Louisiana, 508 U.S. …
19-7563 Terry Glynn Speed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-06 Denied IFP civil-rights constitutional-violation due-process evidentiary-hearing habeas-corpus new-trial perjury racial-bias trial-procedure Whether the reviewing court is required to hold an evidentiary hearing to allow the petitioner to prove claims of racial prejudice and bias that would…
19-7585 Jerry Ellis, aka Jerry Leonard Ellis v. Noel Barlow-Hurst, Warden Ninth Circuit 2020-02-06 Denied Response WaivedIFP appeal appellate-review civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-standard post-conviction standard-of-review standing trial-procedure Whether the district court erred in denying the appellant's claim of ineffective assistance of first instance trial counsel
19-7547 Phillip Boyd Cashion v. Texas Texas 2020-02-04 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that 'y…
19-7513 Omar Smith v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2020-02-03 Denied IFP 6th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing severance suppression-of-evidence trial-procedure trial-severance virginia-supreme-court witness-testimony Whether the Virginia Supreme Court erred in its rulings on ineffective assistance of counsel claims
19-7484 Jose Candelario Perez-Cruz v. United States Eleventh Circuit 2020-01-29 Denied Response WaivedIFP criminal-procedure jurisdiction jurisdictional-dispute jury-trial maritime-drug-law-enforcement-act maritime-law mdlea pretrial-hearing stateless-vessel trial-procedure Whether the Court of Appeals clearly erred in upholding the District Court's conclusion that jurisdiction in a stateless vessel case under the MDLEA i…
19-7426 Joseph Njonge v. Margaret Gilbert, Superintendent Ninth Circuit 2020-01-28 Denied Response RequestedResponse WaivedRelisted (2)IFP courtroom-closure prejudice public-trial public-trial-right sixth-amendment trial-procedure triviality-exception voir-dire waller-v-georgia Whether the 'triviality exception' to the Sixth Amendment public-trial right comports with Waller v. Georgia
19-7287 Joey Banks v. Darrel Vannoy, Warden Fifth Circuit 2020-01-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-procedure Whether Banks was denied his constitutional right to the effective assistance of counsel
19-7176 David P. Moran v. Florida Florida 2020-01-08 Denied Response WaivedIFP abuse-of-discretion bias due-process judicial-bias judicial-ethics judicial-misconduct post-conviction-relief recusal trial-procedure Should recusal of a judge be allowed during the post conviction relief phase if the prejudice and bias of the trial judge is apparent on the face of t…
19-7108 Devell Moore v. Robert LeGrand, Warden, et al. Ninth Circuit 2019-12-31 Denied IFP batson-challenge batson-v-kentucky equal-protection fair-trial jury-selection ninth-circuit peremptory-challenges purkett-v-elem trial-procedure Whether the Ninth Circuit erred in denying a Certificate of Appealability on Moore's claim he was denied equal protection of the law, and a fair trial…
19-7124 Derwin Lee Butler v. California California 2019-12-31 Denied IFP constitutional-rights criminal-procedure due-process jury-instruction jury-instructions post-trial-hearing right-to-call-witnesses stipulation trial-court-error trial-error trial-procedure witness-testimony Does a criminal defendant become deprived of his constitutional rights when the trial court fails to read an agreed upon stipulation and instruction t…
19-6914 Levi Rockefeller v. California California 2019-12-11 Denied IFP 6th-amendment civil-rights collusion conflict-of-interest constitutional-rights counsel court-procedure due-process fifth-amendment ineffective-assistance-of-counsel judicial-misconduct legal-ethics sixth-amendment trial-procedure Did the court err by failing to inquire, explore, and/or avoid potential conflicts of interest by creating a scenario equivalent to collusion or couns…
19-6871 Justin Vazquez v. United States Second Circuit 2019-12-05 GVR IFP 6th-amendment civil-rights conflict-of-interest confrontation-clause constitutional-rights due-process evidence-admission ineffective-assistance jury-selection professional-conduct sentencing speedy-trial trial-procedure Whether assigned counsel were ineffective in violation of the 6th Amendment
19-6754 Cesareo Vizcarra Medina v. California California 2019-11-26 Denied IFP civil-rights constitutional-violations due-process fifth-amendment ineffective-assistance-of-counsel sixth-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment trial-procedure Whether trial counsel was ineffective for failing to object to prosecutorial misconduct that violated petitioner's constitutional rights under the 6th…
19-6717 Jess Lee Green v. Mississippi Mississippi 2019-11-22 Denied Response WaivedIFP constitutional-right constitutional-rights criminal-procedure due-process fundamental-rights guilty-plea plea-bargaining plea-proceedings trial trial-procedure trial-rights Is the right to due process of trial and/or during guilty plea process a fundamental constitutional right?
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…
19-6294 Alexander Mattei v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure dna-evidence due-process evidence expert-testimony hearsay sixth-amendment surrogate-analyst testimonial-evidence testimonial-hearsay trial-procedure Whether there is ability to cross-examine a surrogate analyst at a jury trial who had used another's certified and testimonial DNA results ipse dixit,…
19-6258 In Re Tiran R. Casteel 2019-10-11 Dismissed Response WaivedIFP appeal appellate-review competency district-court due-process eighth-circuit false-premise legal-competency mental-health restoration retroactive-determination trial trial-procedure Was the Petitioner restored prior to the November 2009 trial?
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
19-6152 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
19-5961 Mark Whitehead v. United States Ninth Circuit 2019-09-17 Denied Response WaivedIFP constitutional-due-process constitutional-law criminal-contempt due-process judicial-bias judicial-ethics judicial-impartiality judicial-recusal jury-trial recusal trial-procedure Whether a trial judge that has had a significant hand in the accusatory process of a criminal contempt jury trial should be recused from presiding ove…
19-5937 Raymond Johnson v. Credit One Bank, et al. Maryland 2019-09-13 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence-admissibility free-speech judicial-discretion patent standing takings trial-procedure Whether the lower court erred in dismissing the petitioner's claims
19-5846 Joshua Eric Townley v. Texas Texas 2019-09-06 Denied IFP appellate-procedure appellate-review constitutional-law constitutional-principles criminal-procedure double-jeopardy due-process judicial-discretion new-trial sua-sponte supremacy-clause trial-court trial-procedure whether a trial judge violates the Supremacy and Double Jeopardy Clauses of the United States Constitution
19-5442 Shanta G. Phillips-Berry v. Kenner Police Department, et al. Fifth Circuit 2019-08-06 Denied IFP abuse-of-discretion civil-procedure civil-rights constitutional-due-process due-process evidentiary-requirements fair-trial judicial-discretion jury jury-trial legal-standards standing trial-procedure What if district court abused its discretion by not relying on the erroneous legal premise that a citizen(s) of the state of Louisiana and this great …
19-5482 Joann Jefferson v. OneWest Bank, FSB New Jersey 2019-08-06 Denied IFP constitutional-violation discovery due-process equal-protection estate-rights fair-trial foreclosure foreclosure-proceeding pro-se-representation procedural-due-process property-rights standing trial-procedure Can Pro Se Legatees, Heirs, Executors, Estate Representatives, Devisees, successors be denied the procedural due process right to discovery and still …
19-5379 Michael Boyd Crowley v. Texas Texas 2019-07-30 Denied IFP constitutional-rights criminal-procedure due-process fifth-amendment miranda-warnings right-to-counsel self-incrimination self-incrimination,right-to-counsel,due-process,fi trial-procedure Was the information given by Dr. Dunham sufficient to warn the defendant of the danger of self incrimination?
19-5334 Martel Valencia-Cortez v. United States Ninth Circuit 2019-07-25 Denied IFP criminal-procedure due-process evidence eyewitness-identification jury-instruction jury-instructions reliability-factors standing trial-error trial-procedure witness-identification Whether a district court commits error in a federal criminal case by failing to provide a specific eyewitness identification instruction
19-5319 William J. Barnes Jr. v. New York New York 2019-07-24 Denied IFP appellate-review competency constitutional-rights due-process ineffective-assistance-of-counsel ineffective-counsel insanity-defense mental-capacity mental-competency structural-error trial-procedure Did the county court deprive the petitioner of his due process and constitutional right to a full and fair impartial determination of his mental capac…
19-5177 James Alvin Chaney v. United States Sixth Circuit 2019-07-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment impartial-jury inter-circuit-split juror-allegation juror-misconduct jury sixth-amendment trial-court trial-procedure Is a criminal defendant's Fifth Amendment right of due process and Sixth Amendment right to a trial by an impartial jury violated when the trial court…
19-75 James Joseph Garner v. Colorado Colorado 2019-07-15 Denied Amici (2) criminal-defendant criminal-procedure due-process eyewitness-identification police-misconduct standing suggestive-identification suggestive-setting trial-procedure witness-testimony Whether the Due Process Clause imposes any check on an eyewitness's identification of a criminal defendant in the typically suggestive setting of tria…
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 …
18-9820 Jonathon Loyd Edick v. Michigan Michigan 2019-06-26 Denied IFP civil-rights constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel judicial-bias legal-prejudice prejudice prosecutorial-misconduct standing trial-procedure Is petitioner entitled to relief where his constitutional rights are/were violated by receiving ineffective assistance of counsel at the trial court l…
18-9614 Rick Allen Rhoades v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-06-12 Denied IFP 8th-amendment capital-murder due-process jury-consideration jury-instructions mitigating-evidence punishment-phase structural-error trial-procedure Is the exclusion of relevant mitigating evidence during the punishment phase of a capital murder trial structural error, when the wrongfully excluded …
18-9517 Kenneth R. Isom v. Arkansas Arkansas 2019-06-03 Denied Relisted (7)IFP adversarial-history bias coram-nobis criminal-procedure due-process judicial-impartiality judicial-recusal prosecutorial-bias prosecutorial-misconduct recusal trial-procedure Whether Pope and Isom's significant adversarial history created an unconstitutional risk of bias under the due process clause when Pope later sat as t…
18-1424 Michael N. Thomas v. Raymond Anderson, et al. Seventh Circuit 2019-05-15 Denied Response RequestedResponse WaivedRelisted (2) circuit-split government-inconvenience habeas-corpus importance-of-testimony inconvenience-to-government inmate-testimony judicial-discretion nonparty-inmate nonparty-witness seventh-circuit trial-procedure trial-testimony witness-testimony writ-of-habeas-corpus Whether the Seventh Circuit correctly held that a district court may deny a request for the issuance of a writ of habeas corpus to compel the appearan…
18-9202 Edilberto Maso Diaz v. United States Fifth Circuit 2019-05-08 Denied Response WaivedIFP co-conspirator co-conspirator-testimony confrontation-clause conspiracy criminal-conviction criminal-procedure cumulative-error due-process evidence evidentiary-sufficiency fifth-circuit-review hearsay hearsay-evidence hearsay-statements jury-instructions standard-of-review trial-procedure Did the Fifth Circuit err by affirming the district court admission of hearsay statements made by an unindicted co-conspirator over the objection of A…
18-9038 Scott Peters v. Illinois Illinois 2019-05-01 Denied Response WaivedRelisted (2)IFP ada appeals civil-rights constitutional-rights courtroom-access disability-accommodation disability-discrimination disability-rights due-process equal-protection judicial-discretion reasonable-accommodation standing trial-procedure Whether the trial court erred in denying petitioner's rights as a disabled individual, including his right to reasonable accommodations and equal acce…
18-8804 Carlos Antonio Raymond v. Martin Joseph Roy, et al. Texas 2019-04-12 Denied Response WaivedRelisted (3)IFP appeal appellate-review civil-procedure civil-rights constitutional-rights due-process judicial-discretion manifest-injustice plea-bargain standing trial-procedure waiver waiver-consent Did the District (Trial) Court err in Allowing trial to proceed without first obtaining a written WAIVER consent from Petitioner/Plaintiff?
18-8577 Gerald W. Long v. Illinois Illinois 2019-03-26 Denied Response WaivedIFP constitutional-rights due-process evidence evidence-admission fifth-amendment fourteenth-amendment impartial-jury sixth-amendment trial trial-procedure Did the Trial Court violate Gerald Long's Fifth and Fourteenth Amendment right to Due Process and Sixth Amendment right to a trial by an impartial jur…
18-8550 Ernest M. Flowers v. Laura Uriarte, et al. Florida 2019-03-25 Denied IFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus judicial-interpretation prosecutorial-misconduct sentencing trial-procedure Whether the petitioner was lawfully retained in the Florida Department of Corrections
18-8482 Lourdes Margarita Garcia v. United States Eleventh Circuit 2019-03-20 Denied Response WaivedIFP brecht-standard constitutional-rights criminal-procedure critical-stage Cronic cronic-rule cronic-standard defense-counsel direct-appeal due-process eleventh-circuit hybrid-error prejudice structural-error trial-procedure Did the Eleventh Circuit err by holding this 'startling, intentional' violation of the defendant's constitutional and statutory rights did not constit…
18-8443 James F. Oliveira v. Patricia A. Coyne-Fague, et al. First Circuit 2019-03-19 Denied Response WaivedIFP constitutional-law constitutional-provisions constitutional-rights criminal-justice criminal-procedure defendant-rights due-process judicial-review jurisdiction speedy-trial statutory-interpretation trial-procedure Whether the defendant James F. Oliveira was denied his constitutional right to a speedy trial
18-8325 Amaury Villa v. United States Second Circuit 2019-03-07 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance sentencing sentencing-calculation sentencing-guidelines sixth-amendment standard-of-review trial-procedure u-s-sentencing-guidelines Whether appellant received the effective assistance of counsel?
18-1158 Jarrod Taylor v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections Eleventh Circuit 2019-03-06 Denied Amici (1) appeals brady-violation certificate-of-appealability constitutional-law criminal-procedure due-process eleventh-circuit evidence habeas-corpus ineffective-assistance-of-counsel judicial-review jury-bias prosecutorial-misconduct trial-procedure Jarrod Taylor's habeas corpus claims challenging the State's concealment of evidence during his trial
18-8232 Jesus Rosales v. Texas Texas 2019-03-04 Denied IFP 6th-amendment allen-charge coercion criminal-procedure due-process judicial-discretion jury-deliberation jury-instruction jury-instructions trial-procedure At what point should a court grant defense's request for an Allen charge, so that the lack of one, in itself, does not become coercive?
18-7835 Iouri Mikhel v. United States Ninth Circuit 2019-02-07 Denied IFP burden-of-proof competency competency-hearing criminal-procedure death-penalty due-process federal-criminal-procedure federal-judiciary hostage-taking judicial-discretion mental-health recusal standard-of-proof treaty-power trial-procedure Where significant evidence of competency is susceptible to conflicting inferences, what standard of proof is required for a competency hearing and wha…
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
18-7698 Lawrence Andrew Ingram v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-31 Denied Response WaivedIFP appellate-review constitutional-rights contemporaneous-objection criminal-procedure criminal-procedure-appeal-evidence-waiver-contempo definitive-ruling evidence habeas-corpus ineffective-assistance trial-procedure waiver Does trial counsel waive a defendant's right to appellate review of an erroneous ruling on evidence if counsel chooses not to object to the ruling whe…
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…
18-7556 Michael James Horton v. Clark E. Ducart, Warden Ninth Circuit 2019-01-24 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure critical-trial-stages due-process pro-se-representation right-to-be-present right-to-counsel self-representation standing statutory-interpretation trial-procedure Whether the unequivocal right to represent oneself or have counsel should be left ambiguous
18-7265 Rodney Scot Armstrong, Jr. v. Michigan Michigan 2019-01-07 Denied IFP civil-procedure closing-argument de-novo-review directed-verdict legal-preservation motion objection preservation-of-error preservation-of-issues prosecutorial-misconduct standard-of-review trial-procedure Is a motion for a directed verdict an objection that preserves an issue for and mandates de novo review?
18-7025 Tyree Marquez Burt v. California California 2018-12-13 Denied IFP coercion due-process fair-trial fifth-amendment fourteenth-amendment hung-jury judicial-instruction jury-coercion jury-instructions trial-procedure Was the trial court's admonition to a deadlocked jury coercive, implicating the petitioner's due process rights to a fair trial?
18-749 JoEllen Mary Crossett v. Michigan Michigan 2018-12-11 Denied conflicts-of-interest constitutional-rights due-process effective-assistance-of-counsel impartial-jury ineffective-assistance-of-counsel juror-bias jury-selection peremptory-challenges prejudice sixth-amendment state-and-federal-rights trial-procedure Was Petitioner denied her state and federal rights to the effective assistance of counsel, and did Michigan Court of Appeals err when it confirmed wit…
18-6791 Benjamin Bland v. United States Fourth Circuit 2018-11-23 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination evidence evidence-admissibility government-evidence harmless-error hearsay sixth-amendment social-security-administration trial-procedure Whether petitioner's Sixth Amendment right to confront witnesses was violated
18-6714 Maikel Suarez Plasencia v. United States Eleventh Circuit 2018-11-16 Denied Response WaivedIFP civil-rights constitutional-rights criminal-law due-process equal-protection judicial-discretion judicial-procedure sentencing trial-procedure Whether the petitioner's sentence of 24-36 months was reasonable and should be taken into account to give the petitioner a sentence of 16 months
18-6651 Antonio Cobb v. Florida Florida 2018-11-13 Denied IFP criminal-defense criminal-procedure due-process evidence evidence-admission fourteenth-amendment fundamental-fairness right-to-fair-trial statement-against-interest trial-procedure Whether the trial judge denied the petitioner a trial in accord with fundamental standards of due process under the Fourteenth Amendment by preventing…
18-6616 Maria I. Sanutti-Spencer v. Pennsylvania Pennsylvania 2018-11-08 Denied Response WaivedIFP confrontation-clause criminal-motive criminal-procedure decedent's-drug-addiction decedent's-drug-dealing decedent's-motive decedent's-physical-abuse defendant's-health-issues due-process evidence evidence-exclusion lay-opinion-testimony right-to-complete-defense right-to-present-defense trial-procedure witness-testimony Does excluding evidence of another's motive, of the decedent's drug addiction, drug dealing, his physical abuse of the defendant and the defendant's s…
18-6591 Leslie Chin v. United States Eleventh Circuit 2018-11-06 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-diligence due-process equal-protection federal-courts new-trial newly-discovered-evidence standard-of-review trial-procedure Whether the Equal Protections Clause is violated when there is a conflict amongst the federal circuit courts of appeal dealing with what a defendant i…
18-6542 Mauricio Licea v. United States Ninth Circuit 2018-11-02 Denied Response WaivedIFP civil-procedure dual-role due-process evidence expert-testimony expert-witness jury-instruction jury-instructions law-enforcement law-enforcement-testimony lay-witness trial-procedure Whether district courts must give a dual-purpose jury instruction after a law enforcement officer testifies as both an expert and a percipient witness
18-6558 Anthony James Merrick v. Arizona Arizona 2018-11-02 Denied IFP appellate-counsel attorney-client-privilege constitutional-rights due-process effective-counsel evidence-exclusion false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct right-to-testify trial-procedure Did the Arizona State Courts err in finding Mr. Merrick was not entitled under the constitution to testify at trial even though he attempted to make a…
18-6466 Wilson C. Ortega v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2018-10-29 Denied Response WaivedIFP assault criminal-enhancement criminal-street-gang criminal-threats false-imprisonment gang-evidence gang-related ineffective-assistance-of-counsel predicate-offenses prejudicial-evidence sixth-amendment trial-procedure Whether the admission of irrelevant and inflammatory gang evidence prejudiced the petitioner
18-6415 Amalya Cherniavsky, aka Amalya Surenovna Yegiyan v. United States Ninth Circuit 2018-10-25 Denied Response WaivedIFP circuit-split criminal-procedure district-court due-process jury-instruction jury-instructions sentencing standard-of-review sua-sponte sufficiency-of-evidence theory-of-defense trial-procedure Under what circumstances must a district court sua sponte instruct the jury on a theory of defense presented and relied upon at trial where the theory…
18-6436 Jorge Cintron v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2018-10-25 Denied Response WaivedIFP brady-violation certificate-of-appealability civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct newly-discovered-evidence standing trial-procedure Did the Court of Appeals Erred in denying a Certificate of Appeability and in evaluating the claims under Brady violation
18-6270 Cornelius Lynch v. Ohio Ohio 2018-10-10 Denied Response WaivedIFP constitutional-law constitutional-protection criminal-procedure defendant-rights double-jeopardy double-jeopardy,criminal-procedure,constitutional- due-process mistrial retrial trial-procedure May a state, consistent with the protections of the Double Jeopardy Clause, try a defendant a second time when the first trial ended in a mistrial whi…
18-5963 Steve Kassab v. S. Skinner, et al. Ninth Circuit 2018-09-13 Denied Response WaivedIFP civil-procedure civil-rights discovery due-process excessive-force law-enforcement-misconduct new-trial qualified-immunity standing summary-judgment trial-procedure Whether the district court's dismissal of all but 2 defendants caused prejudice to petitioner
18-5972 Assane Faye v. United States Third Circuit 2018-09-13 Denied Response WaivedIFP burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra…
18-5726 Ruben Cazares v. Texas Texas 2018-08-23 Denied IFP accomplice-statements bruton-error bruton-evidence bruton-v-united-states confrontation-clause crawford crawford-v-washington criminal-procedure evidence-admissibility harmless-error prejudice prejudicial-evidence separate-trials special-prejudice trial-procedure Whether lower courts correctly evaluate the harmfulness of Bruton error without accounting for the devastating 'special prejudice' to the accused that…
18-5677 Robert Alan Loughner v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2018-08-21 Denied Response WaivedIFP constitutional-rights due-process habeas-corpus habeas-corpus,ineffective-assistance-of-counsel,du ineffective-assistance-of-counsel legal-malpractice negligence prejudice trial-outcome trial-procedure Whether the state court erred in denying petitioner's writ of habeas corpus alleging ineffective-assistance-of-counsel where petitioner's attorney was…
18-5679 William J. O'Brien, III v. United States Third Circuit 2018-08-21 Denied Response WaivedIFP criminal-procedure due-process right-to-counsel self-representation sixth-amendment trial-court trial-procedure waiver waiver-of-counsel Was William O'Brien, III denied his Sixth Amendment right to counsel?
18-200 Michigan v. Charles Damon Jones Michigan 2018-08-15 Denied Response Waived appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency Whether the Michigan Court of Appeals erred in granting a new trial based on an inconsistent jury verdict, even though irreconcilable jury verdicts ar…
18-5490 Mark Madison Lowe v. Virginia Department of Corrections Fourth Circuit 2018-08-08 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment 8th-amendment constitutional-rights due-process judicial-discretion sixth-amendment stun-belt trial-procedure Whether the imposition of a RACC Stun belt with secret instructions to compel testimony, alter testimony, and remain silent during trial infringed upo…
18-5301 Cahlan Clay v. United States Eighth Circuit 2018-07-20 Denied Response WaivedIFP compulsory-process confrontation-clause criminal-defense criminal-procedure cross-examination defendant-rights defense-strategy due-process evidence fair-trial judicial-discretion jury-instructions jury-trial trial-procedure witness-examination Whether a court may dictate the manner by which a defendant presents his case to the jury by forcing defense counsel to rely exclusively on the cross-…