voluntariness

36 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-731 Michigan v. Mark David Woolley Michigan 2025-01-13 Denied criminal-procedure fifth-amendment miranda-warnings polygraph-procedure self-incrimination voluntariness Because the Fifth Amendment concerns voluntariness, whether Miranda should at the least be modified to an adjudicatory device rather than a rule of la…
24-6261 Thaddeus J. Culpepper v. United States Ninth Circuit 2025-01-10 Denied Response WaivedIFP appellate-waiver constitutional-rights guilty-plea plea-agreement pretrial-detention voluntariness Does an appellate waiver in a plea agreement, that specifically excepts challenges to the voluntariness of a guilty plea, bar the appellate argument t…
24-5595 David Tran v. United States Fifth Circuit 2024-09-20 Denied Response WaivedIFP criminal-procedure due-process guilty-plea plea-withdrawal voluntariness If a guilty plea was not entered into knowingly and voluntarily, may it be withdrawn under without inquiry into other factors?
24-5236 Francisco German Alvarez v. United States Ninth Circuit 2024-08-06 Denied Response WaivedIFP boykin-v-alabama competence-to-stand-trial constitutional-rights due-process guilty-plea united-states-v-ruiz voluntariness waiver In determining the questioned voluntariness of the guilty plea, did the Ninth Circuit impermissibly create confusion when it misapplied the lower stan…
23-6836 Ruixue Shi, aka Serena Shi v. United States Ninth Circuit 2024-02-27 Denied Response WaivedIFP criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining right-to-counsel trial-preparation voluntariness Whether Petitioner's guilty plea was involuntary because she decided to plead guilty based upon her attorney's advice that it was in her interest to d…
23-5978 Brian Keith Person, Jr. v. United States Fourth Circuit 2023-11-08 Denied Response WaivedIFP appeal-waiver appellate-review constitutional-rights criminal-procedure due-process fourth-circuit knowing-voluntary plea-agreement plea-bargaining voluntariness Whether the Fourth Circuit Erred By Dismissing Mr. Person's Appeal Pursuant to An Appeal Waiver When He Argued that His Plea was Not Knowing and Volun…
23-5445 William Bazemore v. United States Second Circuit 2023-08-25 Denied Response WaivedIFP abuse-of-discretion crime-of-violence criminal-procedure district-court factual-findings guilty-plea section-1591 sex-trafficking voluntariness withdrawal I WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION WHEN IT DENIED DEFENDANT'S MOTION TO WITHDRAW HIS GUILTY PLEA AND FAILED TO MAKE FACTUAL FINDINGS N…
22-6133 David Priester v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-11-23 Denied Response WaivedIFP anders-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights right-to-counsel sentencing-mitigation voluntariness waiver-of-counsel Battery or identify theft, where one pays inconsistent testimony battery, and the statute of grand theft? Is Does the petitioner have a due process r…
22-5935 Devon Miller v. Superintendent, Shawangunk Correctional Facility Second Circuit 2022-10-28 Denied IFP confession-admissibility custodial-interrogation fifth-amendment miranda-v-arizona miranda-warnings police-interrogation police-interrogation-tactics self-incrimination two-step-interrogation voluntariness The court first core constitutional holding in Miranda v. Arizona was to confirm that the Fith Amendment privilege serves to protect all persons in al…
22-5781 Joseph Isaiah Woodson, Jr. v. United States Eleventh Circuit 2022-10-06 Denied Response WaivedIFP 5th-amendment civil-rights confession-voluntariness custody-determination due-process law-enforcement-procedure miranda miranda-rights race racial-discrimination voluntariness Whether a court can take a defendant's race into account to determine whether the defendant's custody, and thus his subsequent un-Mirandized confessio…
21-7020 Charles David Gordon v. Joe A. Lizarraga, Warden Ninth Circuit 2022-01-31 Denied Response WaivedIFP brady-disclosure criminal-procedure due-process evidence-admissibility mental-health segregation self-incrimination voluntariness voluntary-statements I. Whether a defendant's statements may be admitted into evidence when the statements were made while she was placed in segregated confinement based o…
21-6563 Hector Sanchez-Torres v. Florida Florida 2021-12-09 Denied IFP coerced-confessions coercive-police-activity colorado-v-connelly confession-voluntariness criminal-procedure due-process law-enforcement-threats motivating-cause police-misconduct probable-cause quid-pro-quo voluntariness 1. Whether the appropriate interpretation of Colorado v. Connelly's "essential link" between coercive police activity and a suspect's confession is a …
21-5921 Shikisha Monet Tidmore v. Michigan Michigan 2021-10-06 Denied IFP admissibility constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel law-enforcement-statements legality pre-trial-investigation sixth-amendment trial-counsel voluntariness Whether Petitioner's constitutional rights have been violated under the United States Constitution VI Amendment where Petitioner was denied due proces…
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 Question not identified.
21-122 Davin Seth Waters v. United States Fifth Circuit 2021-07-28 Denied Response Waived criminal-procedure due-process guilty-plea habeas-corpus judicial-discretion mutual-mistake plea-bargaining plea-withdrawal voluntariness 1) Does the doctrine of mutual mistake provide a cognizable basis to find a guilty plea involuntary?
20-6675 Augustine L. Cavitte v. Nebraska Nebraska 2020-12-21 Denied Response WaivedIFP criminal-procedure due-process evidence-admissibility law-enforcement-conduct miranda-rights prosecutorial-misconduct self-defense self-incrimination voluntariness 1) Did the lower courts err in finding Ms. Cavitte's statements admissible contrary to present Miranda standards? a. Did the Nebraska Court of Appeals…
20-6106 Rafael Cruz v. United States Fifth Circuit 2020-10-21 Denied Response WaivedIFP civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness When the District Court denied to issue a Certificate of Appealability, then a jury picked Court abused its discretion when the Defendant was forced t…
20-6051 Jonathan Ortiz-Torres v. United States First Circuit 2020-10-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement sentencing sixth-amendment voluntariness Should a writ of certiorari should be granted to determine if trial counsel renders ineffective assistance when he fails to advise his client that the…
20-5117 Jeremiah M. Rodgers v. Florida Florida 2020-07-21 Denied IFP constitutional-rights criminal-defendant due-process equal-protection gender-dysphoria medical-condition voluntariness waiver-voluntariness waivers Whether the newly discovered evidence of a criminal defendant's medical condition, including gender dysphoria, may implicate the voluntariness of prio…
19-7847 Lee D. Watts v. Tennessee Tennessee 2020-03-02 Denied Response WaivedIFP confession confession-suppression criminal-interrogation criminal-procedure ineffective-assistance police-interrogation police-questioning right-to-counsel sixth-amendment suppression voluntariness Question #1: Whether petitioner's Original trial counsel rendered ineffective assistance of counsel in violation of U.S. Const. Amn. 6 when counsel fa…
19-7310 Michael Charles Smith v. Florida Florida 2020-01-15 Denied Relisted (2)IFP confession-voluntariness criminal-procedure due-process involuntary-confession medication-effects medication-impairment mental-capacity narcotic-medication physical-condition psychological-coercion voluntariness At the time the critical statements were made the mind of the accused was insuffientlr clear and hampered by the combination of his Phrsical condition…
19-6665 Wesley Harlan Kingsbury v. United States Ninth Circuit 2019-11-18 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness The petitioner entered a guilty plea to health care fraud after his jury trial on the charges had commenced. He later filed a motion seeking to vacate…
19-6471 Diego Alonso Lozano-Perez v. United States Ninth Circuit 2019-11-01 Denied Response WaivedIFP constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary, whereas it failed to comply with the rigi…
19-6463 Michael A. Albert v. New York New York 2019-11-01 Denied Response WaivedIFP 14th-amendment 5th-amendment due-process fair-trial fifth-amendment fourteenth-amendment outrageous-conduct police-agent right-to-present-defense sexual-inducement voluntariness Question 1: In the Appellate Division, Fourth Department's order, both the decent and majority agreed that Ms. Sheritta Jefferson was an agent of the …
19-5581 William Henry Stephens, Jr. v. United States Fourth Circuit 2019-08-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion knowing-and-intelligent plea-bargaining right-to-counsel right-to-jury-trial voluntariness Whether a Court can Rightfully Accept a Defendant's Guilty Plea when Such Plea was Not Made Knowingly and Intelligently.
18-9523 Amnon Ami Levi v. United States Eleventh Circuit 2019-06-03 Denied Response WaivedIFP custodial-interrogation isolation language-abilities miranda-rights miranda-v-arizona neutral-location police-domination police-isolation totality-of-circumstances totality-of-the-circumstances voluntariness Whether factors of police domination and isolation can result in custodial interrogation within the meaning of Miranda v. Arizona
18-8816 Charles Ray Hooper v. United States Fifth Circuit 2019-04-12 Denied Response WaivedIFP 28-usc-2253 brady-violation certificate-of-appealability circuit-precedent due-process guilty-plea habeas-corpus merits-adjudication miller-el voluntariness Where an appellate court decides that circuit precedent precludes the use of a Brady violation to challenge the voluntariness of a guilty plea, does t…
18-8143 Stephen Talbert v. United States Eighth Circuit 2019-02-26 Denied Response WaivedIFP constitutional-rights criminal-procedure discovery due-process fraud fraudulent-misrepresentation ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-trial voluntariness Can a defendant voluntarily and intelligently enter a plea where counsel fraudulently misrepresents a key fact
18-1102 Askia Cuff v. Virginia Virginia 2019-02-22 Denied Response Waived abandonment coercion counsel-withdrawal criminal-procedure plea-agreement plea-bargaining right-to-counsel sixth-amendment voluntariness voluntary voluntary-waiver withdrawal Was Appellant's waiver of his Sixth Amendment right to trial, pursuant to a plea agreement, freely and voluntarily made or the product of coercion — t…
18-7537 Felix Ricardo Saldierna v. North Carolina North Carolina 2019-01-24 Denied Response WaivedIFP 5th-amendment due-process interrogation-rights juvenile-confession limited-english limited-english-proficiency parental-consent police-interrogation self-incrimination social-science voluntariness Whether the North Carolina Supreme Court erred in finding a juvenile confession to be voluntary
18-7078 Joseph O'Shaughnessy, aka Joseph D. O'Shaughnessy v. United States Ninth Circuit 2018-12-18 Denied Response WaivedIFP appellate-review appellate-waiver criminal-procedure due-process involuntary-plea judicial-review ninth-circuit-procedure plea-bargaining plea-voluntariness voluntariness waiver Whether the Ninth Circuit properly dismissed the appeal without articulating the factors it found to base its conclusion that the plea and waiver were…
18-6846 Luis A. Pena v. Maryland Maryland 2018-11-27 Denied Response WaivedIFP appellate-review brady-v-stumpf collateral-consequences coram-nobis due-process guilty-plea guilty-plea-validity ineffective-assistance-of-counsel judicial-discretion plea-hearing plea-record sentencing voluntariness Whether the Maryland appellate courts erred or abused their discretion
18-6811 Damaso Rivera Fonseca v. United States Eleventh Circuit 2018-11-26 Denied Response WaivedIFP criminal-procedure custody due-process interrogation interrogation-limits miranda-rights rhode-island-v-innis right-to-counsel spontaneous-statement voluntariness Whether a spontaneous statement made by a suspect after invoking his right to counsel and seeing his girlfriend being transported to jail is voluntary…
18-6417 Derrick Wilson v. United States Second Circuit 2018-10-24 Denied Response WaivedIFP faretta-v-california faretta-waiver Fifth-Amendment-due-process Fourth-Amendment Franks-v-Delaware johnson-v-zerbst pro-se-representation right-to-counsel sixth-amendment sixth-amendment-right United-States-v-Giordano voluntariness waiver wiretap-application When trial counsel informs the court that he is not prepared for trial and the court's Faretta colloquy does not inquire into the voluntariness of Pet…
18-6258 Steven Lazar v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2018-10-09 Denied Response RequestedResponse WaivedRelisted (2)IFP aedpa aedpa-standard confession confession-voluntariness criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel merits-adjudication reliability standard-of-review third-circuit-review voluntariness Did not the Pennsylvania state courts and the Third Circuit Court of Appeals convolute the difference between a confession's voluntariness and its rel…
18-6203 Larry Hayes v. Marvin Plumley, Warden Fourth Circuit 2018-10-03 Denied IFP 5th-amendment confession-evidence criminal-procedure custodial-interrogation due-process false-confession miranda-rights miranda-waiver miranda-warning police-conduct police-interrogation voluntariness What constitutes a promise of leniency that destroys the voluntariness of a subsequent confession?