trial-rights

68 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5836 James Shelly Taylor v. Texas Texas 2025-10-08 Denied Relisted (2)IFP constitutional-interpretation due-process judicial-review legal-precedent statutory-provisions trial-rights Question not identified.
25-5199 Burk N. Ashford v. Court of Appeal of California, Fourth Appellate District, Division One, et al. California 2025-07-25 Denied Relisted (2)IFP civil-procedure court-reporter-transcript due-process indigent-plaintiffs transcript-entitlement trial-rights 1. Do Civil Case indigent Plaintiffs have the same right to a Trial Court Reporter Transcript as do indigent incarcerated Defendants? 2. Can Trial Co…
24-7175 In Re Kevin Ogden 2025-05-12 Rehearing IFP appellate-review due-process jurisdiction legal-standard self-representation trial-rights Did The Supreme Court Of New Mexico Lack Jurisdiction To Rule And Convict The Petitioner Prior To Trial? Did The Supreme Court Of New Mexico Apply Th…
24-7018 Roderick King v. United States Third Circuit 2025-04-17 Denied Response WaivedIFP criminal-procedure due-process evidence-rules rule-16 sixth-amendment trial-rights I."Whether The Goverment And The Panel Violates Petitioner's Due Process By Waiving His Direct Appeal Arguments By Purposefully Misstating His Argumen…
24-1082 Aghee William Smith, II v. United States Fourth Circuit 2025-04-16 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause constitutional-law criminal-procedure due-process trial-rights witness-unavailability The courts are split on a critical question: Whether a living witness can be "unavailable" under the Confrontation Clause if the government has made n…
24-6908 Harry Lee Goldsboro, II v. Florida Florida 2025-04-01 Denied IFP criminal-procedure due-process jurisdictional-challenge speedy-trial trial-rights warrant-service /. fOf 't'k purpose.i of hcfk sHfu-fag aW Cons bihbio„ H/ Speedy fr,\f, u/k-t„ in Ca r tstrakd defc-IAttf tS in Custidy in one Coi/nbfi hub has chore…
24-6654 Willie Alsha Hill v. United States Ninth Circuit 2025-02-26 Denied Response WaivedIFP appellate-review criminal-procedure indictment jury-instruction multiple-conspiracies trial-rights Whether a multiple conspiracies instruction cannot, as a matter of law, be given where a defendant proceeds to trial alone.
24-6349 Joshua Wiley Mitchell v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-01-21 Denied IFP competency-determination criminal-procedure due-process psychiatric-evaluation statutory-procedure trial-rights 1. Was the trial court required to follow the state statutory procedures when dealing with competency, and if those statutory procedures required a ps…
24-6335 Marcrease Delance Farmer v. United States Eighth Circuit 2025-01-17 Denied Response WaivedRelisted (2)IFP constitutional-ineffective-assistance criminal-procedure due-process fundamental-fairness impartial-jury trial-rights 1) WHETHER COUNSEL LESS CONSTITUTIONALLY EFFECTIVE FOR FAILING TO NOT ONLY INVESTIGATE THE INFORMATION REGARDING AN ALTERCATION BETWEEN TERROR 27 S04 …
24-5931 Terrell Dashaun Wesley v. Tyrone Baker, Warden Seventh Circuit 2024-11-07 Denied Response WaivedIFP bench-trial closing-arguments herring-error judicial-procedure trial-rights verdict-timing Whether a reversible Herring error occurs only when a trial Judge denies Closing arguments altogether or also when the Judge at a bench trial permits …
24-5635 Kim Bowers v. Payson City, Utah Utah 2024-09-25 Denied Relisted (2)IFP confrontation-clause criminal-procedure defendant-presence due-process sixth-amendment trial-rights Question not identified.
24-5435 Orlando Sanchez v. Fidencio N. Guzman, Warden Ninth Circuit 2024-09-03 Denied IFP appellate-procedure constitutional-law criminal-procedure due-process judicial-review trial-rights 1. Does the U.S. Supreme Court have jurisdiction to review the trial court's prejudicial error in refusing to instruct the jury on the perfect self-de…
24-5284 Roy E. Terrell v. Florida Florida 2024-08-08 Denied Response WaivedIFP criminal-procedure due-process jury-composition sixth-amendment statutory-amendment trial-rights 1. Whether, contrary to the Due Process Clause, the trial court erred in instructing the jury on the elements of the charged crimes as defined by a st…
23-7343 Dalevonte D. Hearn v. Illinois Illinois 2024-04-30 Denied IFP civil-rights constitutional-rights criminal-procedure double-jeopardy due-process first-degree-murder ineffective-assistance-of-counsel jury-trial mistrial sentencing trial-rights ^j) T$ Xv LaM^L.I Thai An American OH'Zen &f Puntsbpcf Tor £* WS>^ f2ic^h To A Turq . (Jkj IsrH 6nf /M one Cr^e you \SheU 'Jour AcHonS rn^j l4oi*f I…
23-7154 Robert M. Greene v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2024-04-05 Denied IFP article-i-section-9 constitutional-violation due-process equal-protection habeas-corpus speedy-trial state-suspension suspension trial-rights WHETHER Florida's suspension OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS VIOLATES ARTICLE 1, SECTION 9 OF THE UNITED STATES CONSTITUTION? WHETHER F…
23-7008 Lawrence Martin v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2024-03-18 Denied Response WaivedIFP 6th-amendment brady-violation civil-rights criminal-procedure due-process exculpatory-evidence federal-court new-trial relief trial-rights Federal Question / Did THE Supreme Court of THE UNITED STATES MAIL MARTIN PROBS IN FV\S I / fi / 2.6 22. , AaJSO U /\l/Z07Z LE6AC ivuv-lt^ , \M<Vs MMC…
23A800 Towaki Komatsu v. City of New York, New York, et al. Second Circuit 2024-02-29 Presumed Complete court-proceedings due-process judicial-fairness judicial-integrity trial-publicity trial-rights Question not identified.
23-6806 Bruce Wayne Harp v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-02-22 Denied IFP criminal-justice criminal-procedure due-process jury jury-impartiality justice-system obstruction-of-justice penal-code pre-trial trial-rights WHEN DOES PENAL CODE 2I.OZ ADULTERATE THE Justice system ,jMstructir /a due process , A WRTRtAL AMD AN IMPARTIAL JURY ?r
23-886 Carlos Guardado v. Massachusetts Massachusetts 2024-02-16 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) burks-v-united-states change-in-law criminal-procedure double-jeopardy evidence legal-sufficiency prosecution-evidence second-trial supreme-court-precedent trial-rights In Burks v. United States, 437 U.S. 1, 11 (1978), this Court held that when the evidence the prosecution introduced at a criminal trial is legally ins…
23-6701 Luis Raul Vicente Fonseca v. United States Eleventh Circuit 2024-02-08 Denied Response WaivedIFP civil-procedure constitutional-provisions constitutional-rights criminal-procedure due-process sixth-amendment speedy-trial standing statement-of-the-case statutory-provisions trial-rights Deprivation of Constitutional Amendment six's right to a speedy trial.
23-5711 Mitchell D. Green v. Wisconsin Wisconsin 2023-10-04 Denied Response RequestedResponse WaivedRelisted (2)IFP admissible-evidence constitutional-law criminal-procedure double-jeopardy due-process jury jury-impartiality mistrial trial-rights In Arizona v. Washington, 434 U.S. 497, 98 S.Ct. 824, 54 L.Ed.2d 717 (1978) this Court addressed under what circumstances the Double Jeopardy Clause p…
23-5465 Steven Justin Villalona v. Warden, Oakdale FCI, 1, et al. Eleventh Circuit 2023-08-29 Denied Response WaivedIFP article-iii-c constitutional-rights criminal-procedure due-process interstate-agreement-on-detainers judicial-remedy notice-requirement remedy speedy-trial trial-rights Question not identified.
22-7600 Randall Cooper, Jr., aka Randall Cooper, aka Randall Carl Cooper, Jr., aka Randall C. Cooper, Jr., aka Randall Carl Cooper v. Mississippi Mississippi 2023-05-19 Denied IFP 14th-amendment 5th-amendment 6th-amendment constitutional-amendments criminal-procedure due-process evidentiary-hearing newly-discovered-evidence trial-rights WHETHER THE NEWLY DISCOVERED EVIDENCE PRESENTED BY THE PETITIONER SHOULD WARRANT A NEW TRIAL PURSUANT TO THE 5TH 6TH AND 14TH AMENDMENTS OF OUR UNITED…
22-6858 In Re Zumar H. Dubose 2023-02-24 Denied IFP constitutional-law criminal-procedure due-process grand-jury indictment jury-selection personal-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights Question not identified.
22-6864 In Re Abdush S. DuBose 2023-02-24 Denied IFP civil-procedure constitutional-procedure criminal-defendant due-process grand-jury indictment judicial-discretion jurisdiction jury-selection standing trial-rights Question not identified.
22-6833 James Floyd v. Texas Texas 2023-02-22 Denied Response WaivedIFP constitutional-law criminal-procedure double-jeopardy due-process evidentiary-hearing goading mistrial trial-rights 1) Does a goading-style Double Jeopardy violation bar further retrial even where the trial court had granted a mistrial on anindependent ground? 2) I…
22-6084 Jerry Bonton v. David R. Harris, Superintendent, Green Haven Correctional Facility Second Circuit 2022-11-16 Denied Response WaivedIFP appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process free-speech medical-privacy mental-health-history standing trial-rights Question not identified.
22-6009 David Matthew Carter v. South Carolina South Carolina 2022-11-07 Denied IFP civil-procedure confrontation-clause courtroom-removal Crawford-v-Washington criminal-procedure due-process Maryland-v-Craig sixth-amendment trial-rights witness-testimony Did the trial Court commit reversable error by removing Petitioner from the courtroom and forcing him to watch his trial via closed circuit monitoring…
22-5818 In Re Errol Victor, Sr. 2022-10-12 Denied IFP civil-rights constitutional-privileges criminal-procedure due-process equal-protection fourteenth-amendment habeas-corpus jury-selection racial-discrimination speedy-trial trial-rights Whether due process and equal protection under the Fourteenth Amendment of the United States Constitution and relevant civil rights laws prohibit a st…
22-5564 Michael Muthee Munywe v. Washington Washington 2022-09-14 Denied IFP 4th-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process jury-interrogation miranda-rights sixth-amendment trial-rights Question not identified.
21-8138 Lawrence J. Gerrans v. United States Ninth Circuit 2022-06-14 Denied Response WaivedIFP civil-rights criminal-procedure first-amendment free-exercise religious-rights sixth-amendment structural-error trial-rights 1. May a district court , upon the prosecutor's demand that a defendant's Bible be removed from the courtroom during a criminal trial, constitutionall…
21-7931 John Bailey v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2022-05-20 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights due-process habeas-corpus judicial-review prolonged-detention sentencing standing trial-rights Whether the Court of Appeals erred in holding that petitioner's constitutional claims were barred by the statute of limitations, and whether petitione…
21-1226 Michael Washington v. Florida Department of Transportation Florida 2022-03-09 Denied Response Waived appellate-review civil-procedure constitutional-waiver counsel-representation due-process forfeiture fundamental-rights right-to-counsel sixth-amendment trial-rights waiver Whether the reasoning in Olano applies in a civil context where the failure of a party's counsel to object to closing argument due to misconduct or ne…
21-7235 Wesley S. Ricks v. Tim Hooper, Warden Fifth Circuit 2022-03-01 Denied Response WaivedIFP capital-offense capital-offenses criminal-procedure due-process joinder-of-offenses non-capital-offenses procedural-safeguards state-constitution trial-rights 1. Whether Capital and NonCapital Offenses may be Joinder of Offenses for Trial? 2. Whether The Constitution of the State of Louisiana of 1974, Artic…
21-5851 Daniel Bryan Kelly, Jr. v. California California 2021-10-04 Denied IFP child-witness confrontation-clause criminal-procedure due-process evidence fair-trial gang-related-crime ineffective-counsel trial-rights witness • WM UaSn4 x allowed 4o -fixce. mw accuser or cross- examine. Won a\ final ? * WhW cJoulclo4 /AW A\4omeV5/ MarK S-taPlefioo . Trai/i S S4roud and Ste…
21-5684 Zaire Paige v. Stewart Eckert, Superintendent, Wende Correctional Facility, et al. Second Circuit 2021-09-15 Denied Response WaivedIFP constitutional-confrontation constitutional-rights courtroom-presence criminal-procedure due-process habeas-corpus illinois-v-allen judicial-discretion second-circuit trial-rights Whether petitioner was denied his constitutional right to be present at his trial, where the judge ejected him after a single, brief, spontaneous, non…
21-5529 Amando Martinez Montealvo v. Iowa Iowa 2021-08-30 Denied Response WaivedIFP criminal-procedure juror-bias new-trial presumed-bias sex-abuse trial-rights voir-dire Does the presumed bias doctrine require a new trial when a juror who was a victim of sex abuse lies during voir dire to serve in a criminal sex abuse …
20-8344 Harry Sharod James v. Tom Brickhouse, et al. Fourth Circuit 2021-06-17 Denied IFP criminal-procedure due-process equal-protection evidence-admissibility ex-post-facto grand-jury impartial-jury indictment judicial-discretion trial-rights Does the Due Process Clause of the Fourteenth Amendment, as applied to the states through the Fourteenth Amendment and presented to a grand jury in th…
20-8040 Michael N. Kelsey v. New York New York 2021-05-17 Denied Response WaivedIFP civil-rights constitutional-rights due-process ineffective-counsel judicial-neutrality plea-bargaining procedural-default sentencing trial-rights 1: Are New York State's procedural rules insufficiently hospitable to a Petitioner's constitutional claims such as here where the Petitioner was deeme…
20-6986 Lorenzo Escudero v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-28 Denied IFP civil-rights constitutional-rights due-process equal-protection fundamental-rights habeas-corpus legal-sufficiency sentencing trial-by-jury trial-rights Question not identified.
20-6679 Larry Dortley v. Florida Florida 2020-12-21 Denied Response RequestedResponse WaivedRelisted (3)IFP civil-rights competency criminal-procedure drope-v-missouri due-process equal-protection fifth-amendment fourteenth-amendment mental-competency trial-rights Petitioner, Larry Dortley, was declared incompetent to proceed to trial by the Third Judicial Circuit Court, Columbia County, Florida, and was involun…
20-6217 Adrian Rangel v. Steven P. Meyer, et al. Seventh Circuit 2020-11-06 Denied Response WaivedIFP appeals civil-procedure civil-rights court-jurisdiction due-process federal-appeals federal-courts judicial-review legal-procedure state-courts trial-rights Did Petitioner Adrian Rangel receive "meaningful due process " from the Tippecanoe County, Indiana Superior Trial Court 2, the Indiana Court of Appeal…
20-5623 Maksim Stefanyuk v. United States Eighth Circuit 2020-09-09 Denied Response WaivedRelisted (2)IFP brady-rule criminal-procedure due-process evidence evidence-destruction exculpatory-evidence government-misconduct spoliation trial-rights When a defendant in Federal Criminal Court proceedings requests to review, prior to trial, the evidence that is in the government's possession that is…
20-5619 James Allen Minyard v. North Carolina North Carolina 2020-09-08 Denied Response RequestedResponse WaivedRelisted (2)IFP competency-hearing due-process fair-trial fourteenth-amendment harmless-error prejudice structural-error trial-rights There was a bona fide doubt as to Petitioner's competence to be tried, due to him becoming stuporous and non-responsive in the second day of his two-d…
19-8883 Nathan E. Gundy v. United States Eleventh Circuit 2020-07-02 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-law criminal-procedure criminal-prosecution due-process eighth-amendment fair-trial judicial-discretion standing trial-rights 1. Whether The 6X Amendment of The United States Constitution Bids are Guaranteed TO O Farr Thlah TA alk erimwale ProsecahAs or Gust wheal a Sudge dee…
19-1068 Keith Inchierchiere v. Florida Department of Corrections, et al. Eleventh Circuit 2020-02-28 Denied Response Waived attorney-misconduct criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel public-defender retained-attorney sentencing-exposure seventy-year-term trial-rights 1. Does a defendant receive ineffective assistance of counsel where his retained attorney fails to appear on the first day of trial, and, after receiv…
19-7603 Mark D. Jensen v. William Pollard Seventh Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause confrontation-right constitutional-error constitutional-violation criminal-procedure double-jeopardy due-process habeas-corpus judicial-remedy retrial trial-rights The federal courts found that his wife's voice-from-the-grave letter violated Jensen's confrontation right and granted his habeas petition, ordering t…
19-992 Greg Skipper, Warden v. Curtis Jerome Byrd Sixth Circuit 2020-02-07 Denied Amici (1) constitutional-rights criminal-procedure effective-assistance-of-counsel fair-trial hypothetical-plea-offer lafler-v-cooper plea-bargaining sixth-amendment trial-rights Does the Sixth Amendment right to effective assistance of counsel include the right to a plea offer that was never made?
19-7238 Jerry Reginald Burkes v. Tennessee Tennessee 2020-01-10 Denied Response WaivedIFP criminal-procedure dismissal due-process harmless-error harmless-error-analysis indictment-dismissal mandatory-language money-laundering speedy-trial speedy-trial-act statutory-interpretation tennessee-local-rule-10.03 tennessee-rules-of-criminal-procedure tennessee-rules-of-evidence trial-rights 1. WHETHER THE TRIAL COURT'S DENIAL OF A MOTION TO DISMISS AN INDICTMENT FOR A VIOLATION OF THE SPEEDY TRIAL ACT'S 70 DAY TIME LIMIT FOR BRINGING A DE…
19-6964 David Russell Posey v. Scott Middlebrooks, Warden, et al. Eleventh Circuit 2019-12-17 Denied Response WaivedIFP brady-violation civil-procedure civil-rights constitutional-challenge criminal-procedure due-process evidence-sufficiency ineffective-assistance-of-counsel kidnapping-statute standing trial-rights Does "PUBLIC INTEREST" AND "JUSTICE SO REQUIRE" IMPANELING OF A "SPECIAL GRAND JURY", WHEN TRIAL PROSECUTORS COMMIT "MULTIFARIOUS FRAUD" ON THE JURORS…
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 I. Is the right to due process at trial and/or during guilty plea process a fundamental constitutional right ?
19-6729 Cedric Gray v. United States Eleventh Circuit 2019-11-22 Denied Response WaivedIFP 5th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance-of-counsel judicial-discretion legal-standard mental-competency miranda-rights procedural-error sentencing suppression-hearing trial-rights 1. Did the District Court violate my Fifth Amendment rights to remain silent? 2. Could the District Court use my 19% year old priors as proof of show…
19-6377 Jerome Gaskin v. United States Sixth Circuit 2019-10-24 Denied Response WaivedIFP consecutive-sentencing criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment trial trial-rights DOES A DEFENDANT'S RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL DURING PLEA BARGAINING INCLUDE BEING ACCURATELY ADVISED BY COUNSEL OF THE POTENTIAL FO…
19-6169 In Re Anthony Brawner 2019-10-04 Denied Response WaivedIFP civil-rights criminal-procedure due-process federalism jurisdiction mandamus maryland-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights venue 1. Does the District of columbia superior cour+ nave subject -Matterjurisdict ion _over crimes that happen in nthe Stateof_Maryland. 2. Does the peti…
19-230 Douglas Prade v. Ohio Ohio 2019-08-21 Denied burden-of-proof criminal-procedure due-process federal-criminal-procedure fourteenth-amendment newly-discovered-evidence state-courts state-criminal-procedure trial-rights With a single exception, criminal defendants in the United States seeking a new trial based on newly discovered evidence are required to establish onl…
19-189 Miles Christian-Hart v. Wells Fargo Bank, N.A. Florida 2019-08-13 Denied civil-procedure civil-rights due-process evidence-tampering foreclosure foreclosure-fraud fraud judicial-procedure mortgage-litigation standing summary-judgment trial-rights On April 7, 2015, in a frenzied Florida rocket docket at which 50-60 contested and uncontested cases presented for trial, a judgment of foreclosure wa…
18-9630 Michael Mancil Brown v. United States Sixth Circuit 2019-06-11 Denied Response WaivedIFP 6th-amendment 6th-amendment,effective-counsel,mistrial,closing-a closing-arguments constitutional-violation criminal-procedure due-process effective-counsel mistrial sixth-amendment trial trial-rights Was the Petitioners 6th Amendment Righ ts to effective counsel violated when Petitioner's Attorney refused a mistrial offer by the Court without consu…
18-1439 Shanker Patel v. California California 2019-05-16 Denied Response Waived accomplice-testimony cautionary-instruction circumstantial-evidence corroboration corroboration-requirement criminal-procedure due-process jury-instructions jury-trial sixth-amendment trial-rights Where in sixteen States, including California, whence this present case arises, the law requires corroboration of an accomplice's testimony to sustain…
18-8568 David Piper v. United States Fifth Circuit 2019-03-26 Denied Response WaivedIFP abuse-of-discretion compulsory-process criminal-procedure defense-witnesses due-process federal-rules-of-criminal-procedure habeas-corpus sixth-amendment standard-of-review trial-rights witness-production I. Whether Petitioner was deprived of compulsory process under the Due Process Clause of the Fifth Amendment and the Compulsory Process Clause of the …
18-8439 Richard Larry Lacey v. Oregon Oregon 2019-03-18 Denied Response WaivedIFP courtroom-removal defendant-misconduct forfeiture misconduct right-to-representation self-representation sixth-amendment trial-rights waiver waiver-forfeiture Does a self-represented defendant waive or forfeit his Sixth Amendment right to representation, when the defendant intentionally engages in misconduct…
18-8276 Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison Third Circuit 2019-03-06 Denied IFP certificate-of-appealability constitutional-violations criminal-procedure due-process due-process,fair-trial,impartial-jury,lesser-inclu fair-trial impartial-jury ineffective-assistance-of-counsel jury-instructions lesser-included-offense right-to-be-present trial-rights Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the State Court Violated the U…
18-7174 Shawndell Everson v. New York New York 2018-12-27 Denied Response WaivedIFP appeal-denial civil-rights constitutional-rights counsel-of-choice due-process effective-assistance ineffective-counsel public-trial sixth-amendment trial-rights Shawndell Everson was 32 years old when he was sentenced to 143 years (the equivalent of a life sentence ), for allegations of running a "looseknit" o…
18-6685 Bruce Merryman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-15 Denied IFP civil-rights constitutional-rights criminal-procedure due-process habeas-corpus miscarriage-of-justice right-to-be-present standing statute-of-limitations trial-in-absentia trial-rights Under the Antiterrorism and Effective Death Penalty Act, Can and individual Overcome this limitation, Under the Miscarriage of Justice Exception, By S…
18-6682 Roberto Moreno Ramos v. Texas Texas 2018-11-14 Denied Amici (1)IFP collateral-review due-process due-process-rights habeas ineffective-assistance-of-counsel post-conviction-relief state-procedures trial-ineffectiveness trial-rights When a State chooses to create a mechanism for post-conviction relief, what due process is required to afford a habeas applicant an adequate and effec…
18-6621 Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections Eighth Circuit 2018-11-08 Denied Response WaivedIFP constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right …
18-6329 Adan Sandoval Dominguez v. M. Eliot Spearman, Warden Ninth Circuit 2018-10-16 Denied Response WaivedIFP competency competency-standard constitutional-law criminal-procedure due-process factual-understanding judicial-standard major-depressive-disorder mental-competency mental-health rational-understanding standing trial-rights Did defendant meet the competency requirement to stand trial set forth in Godinez v. Moran, 509 U.S. 389 (1993), which states a defendant must have "s…
18-6076 Wilton Eugene Sandifer, Sr. v. Florida Florida 2018-09-24 Denied Response WaivedIFP 14th-amendment 4th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence-law mandamus standing state-court third-party-guilt trial-rights Question not identified.
18-5983 Louis Charlton v. United States Sixth Circuit 2018-09-18 Denied Response WaivedIFP criminal-defense criminal-procedure due-process fair-opportunity fair-trial impartial-jury present-defense sixth-amendment trial-by-jury trial-rights Was Petitioner denied the Sixth Amendment guarantee of a trial by an impartial jury when he was not allowed a fair opportunity to present his defense …