victim-testimony

15 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24A86 Shyne V. Anderson v. Cynthia Davis, Warden Sixth Circuit 2024-07-25 Presumed Complete bench-trial criminal-joinder due-process fair-trial multiple-offenses victim-testimony Whether the joinder of multiple criminal cases for trial violated the defendant's due process rights and right to a fair trial when the cases involved…
23-6630 Terry L. Terry v. Tim Hooper, Warden Fifth Circuit 2024-01-31 Denied Response WaivedIFP criminal-conviction criminal-procedure due-process jackson-v-virginia molestation sexual-assault statutory-interpretation sufficiency-of-evidence victim-testimony Did the state court unreasonably apply Jackson v. Virginia when it determined that evidence presented at trial was sufficient to sustain Terry's convi…
22-5497 William C. Shaw v. Ed Hay, et al. Ninth Circuit 2022-09-02 Denied Relisted (2)IFP civil-rights county-conspiracy criminal-justice due-process false-accusations false-allegations prosecutorial-misconduct standing victim-testimony wrongful-conviction Alleged-misconduct-by-government-officials
21-1452 Matthew David Cwik v. Georgia Georgia 2022-05-17 Denied Response Waived civil-procedure constitutional-rights criminal-procedure due-process evidence fair-trial military-testimony military-uniform victim-testimony witness-appearance Were Petitioner's due process and fair trial rights violated when the victim was allowed to testify in a military uniform?
21-6521 Jamar Allen v. Mississippi Mississippi 2021-12-06 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-provisions court-filing due-process hallucinogenic-drug judicial-process legal-document procedural-rules reasons-for-granting-writ scotus-petition victim-testimony Whether the Due Process Clause requires the burden of proof to be met if the only evidence justifying the petitioner as the shooter is the victim's te…
20-7697 Matthew Berckmann v. United States Ninth Circuit 2021-04-09 Denied Response WaivedIFP criminal-procedure due-process evidence-rule evidence-rule-404(b) evidentiary-standard federal-rules-of-evidence motive-opportunity-intent propensity-evidence rule-404b same-victim victim-testimony Whether other act evidence under Rule 404(b) involving the same 'victim' is automatically admissible
20-6315 Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-11-13 Denied IFP criminal-charges criminal-procedure double-jeopardy due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause sixth-amendment victim-testimony witness-testimony Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to trial counsel's conduct involving dishonesty tha…
19-7827 Terry O'Nell Hall v. Texas Texas 2020-03-02 Denied IFP co-defendant confrontation-clause criminal-trial cruel-and-unusual-punishment due-process evidentiary-inconsistency fundamental-fairness inconsistent-testimony right-to-fair-trial sentencing-disparity victim-testimony witness-testimony Did the court of appeals err in deciding petitioner's right to due process was not violated, where the victim testified one way during his trial and t…
19-6145 Anthony Mark Smith, Jr. v. Virginia Virginia 2019-10-03 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial hearsay precedent standard-of-proof victim-testimony Whether the Virginia Supreme Court and Court of Appeals erred in refusing to set aside the petitioner's conviction and sentence, which violated his ri…
18-9239 Dale Shoop v. Ralph Terry, Acting Warden Fourth Circuit 2019-05-13 Denied Relisted (2)IFP constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel preliminary-hearing right-to-testify sixth-amendment victim-testimony witness-impeachment witness-presence witness-testimony Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated
18-8591 Jose J. Salazar-Hernandez v. Texas Texas 2019-03-28 Denied IFP 14th-amendment child-sexual-assault confrontation-clause constitutional-violation criminal-procedure cross-examination due-process federal-habeas habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-misconduct statute-of-limitations victim-testimony Whether the 'beyond a reasonable doubt' standard was reasonably and rationally applied when the alleged victim of child sexual assault testified they …
18-7634 Lincoln E. Fox v. Neil Turner, Warden Sixth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure due-process evidence evidentiary-error fair-trial ineffective-assistance ineffective-assistance-of-counsel victim-testimony witness-testimony Whether the trial court's admission of a videotaped statement of the victim violated the defendant's right to a fair trial
18-6253 Daniel R. Wesling v. Pennsylvania Pennsylvania 2018-10-09 Denied Response WaivedIFP burden-of-proof criminal-conviction criminal-procedure due-process indictment indictment-sufficiency pennsylvania-law presumption-of-innocence prosecutorial-standards vagueness victim-testimony Is the Commonwealth of Pennsylvania's conviction of the Petitioner with uncorroborated victim statements coupled with an indictment so vague as to des…
18-6152 M. E. D. v. New Jersey New Jersey 2018-10-01 Denied Relisted (2)IFP child-endangerment criminal-procedure due-process evidence evidence-law fair-trial jury-instruction jury-instructions other-wrongs-evidence second-degree-child-endangerment victim-testimony witness-testimony Did the trial court violate petitioner's right under the due process clause to a fair trial when the court failed to instruct the jury properly on a k…
18-5480 Bjorn Christian Luster v. United States Eighth Circuit 2018-08-07 Denied Response WaivedIFP burglary burglary-enhancement criminal-conviction criminal-history due-process evidence-interpretation fifth-amendment-due-process juvenile-offenses points-scoring prior-convictions sentencing sentencing-enhancement sentencing-guidelines sixth-amendment-effective-assistance-of-counsel ussg-2k2.1(b)(3) ussg-4a1.1 victim-testimony Whether the court erred in applying a sentencing enhancement for a prior crime of violence conviction when the prior conviction was for Iowa third-deg…