witness-credibility

125 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6807 Edward Legaspi Ramirez v. California California 2026-02-13 Pending IFP accommodation-syndrome child-sexual-abuse constitutional-rights expert-testimony jury-prejudice witness-credibility 1. Whether the admission of expert testimony on Child Sexual Abuse Accommodation Syndrome (CSAAS), which by the expert's own admission cannot determin…
25-6725 Shawn D. Powell v. Fidencio Guzman, Warden Ninth Circuit 2026-02-05 Pending IFP closing-argument habeas-corpus ineffective-assistance strickland-standard trial-counsel witness-credibility During closing argument at Petitioner Shawn Powell's trial, his trial counsel unreasonably conceded Powell's guilt of vandalism and violation of a pro…
25A758 Sean Paul Baker v. United States Tenth Circuit 2025-12-31 Application confrontation-clause constitutional-rights criminal-procedure evidence-rule-412 sexual-abuse witness-credibility Question not identified.
25-561 Dominic L. Ruiz v. United States Armed Forces 2025-11-07 Denied Response Waived common-law evidence-rule federal-appeals-courts intoxication temporal-requirement witness-credibility In 2014, this Court expanded Federal Rule of Evidence (FRE) 801(d)(1)(B) to allow the admission of prior consistent statements when a witness's credib…
25-247 Charles L. Payne, II v. Ohio Ohio 2025-09-03 Denied criminal-procedure due-process fourteenth-amendment prosecutorial-vouching sixth-amendment witness-credibility Under the Sixth and Fourteenth Amendments to the United States Constitution, a defendant has a right against a prosecutor or law enforcement vouching …
25-5540 Brayan Alexander Contreras-Avalos v. United States Fourth Circuit 2025-09-03 Denied Response WaivedIFP cooperator-testimony criminal-conviction evidentiary-standard prosecutorial-burden sufficiency-of-evidence witness-credibility 1. Where the Government did not introduce any physical or forensic against Mr. Contreras-Avalos, and the only evidence introduced was cooperator testi…
25-5265 Jessica M. Graulau Maldonado v. Orange County Public Library System Florida 2025-08-04 Denied Response WaivedRelisted (2)IFP due-process fourteenth-amendment material-facts negligence-tort summary-judgment witness-credibility Whether in holding that under federal summary judgment standard there is discretion to dismiss a jury negligence claim after determine credibility of …
24-1054 Derek Blockhus v. United Airlines, Inc. Seventh Circuit 2025-04-07 Denied Response Waived civil-procedure employment-discrimination evidence-authentication fmla-interference summary-judgment witness-credibility Did the Appellate Court improperly weigh evidence and dismiss claims by overlooking critical facts and testimony in a civil procedure context?
24-6849 Terrance Deandre Ellison v. United States Ninth Circuit 2025-03-25 Denied Response WaivedIFP cross-examination evidentiary-procedure federal-rules-of-evidence hearsay-evidence recent-fabrication witness-credibility Whether Federal Rule of Evidence 801(d)(1)(B)(i) permits introduction of hearsay to rebut a charge of recent fabrication when statements were made wit…
24-6702 Vincent Adams Vassor v. United States Sixth Circuit 2025-03-05 Denied Response WaivedIFP counsel-objection false-statements jury-instructions jury-testimony legal-procedure witness-credibility Are false statements and false quotations solicited in the presence of a jury that have not occurred to each attorney considered admissible testimony …
24-6626 Stanford Wall v. United States Ninth Circuit 2025-02-24 Denied Response WaivedIFP confrontation-clause constitutional-law criminal-procedure cross-examination evidence-law witness-credibility Whether, consistent with the Confrontation Clause, courts must apply a presumption favoring cross-examination of a government witness's general charac…
24-6241 Justin Michael Buehler v. United States Eighth Circuit 2025-01-08 Denied Response WaivedIFP criminal-procedure cross-examination evidence-limitation informant-testimony judicial-discretion witness-credibility Did the District Court abuse its discretion by limiting the defendant's cross-examination of the key witness and informant's criminal history?
24-496 William Michael Crothers v. Wyoming Wyoming 2024-10-31 Denied Response Waived brady-violation criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-credibility Did Wyoming state courts misapply the Brady v. Maryland rule by concluding that the prosecution's withholding of material exculpatory evidence did not…
24-5852 Alexander W. Kawleski v. United States Seventh Circuit 2024-10-29 Denied Response WaivedIFP child-pornography constitutional-authority criminal-procedure due-process interstate-commerce witness-credibility Did the lower courts err in not granting a new trial based on contradictory witness testimony and potential due process violations in a child pornogra…
23-7115 Timothy D. Hinkle v. Kentucky Kentucky 2024-04-01 Denied Response WaivedIFP criminal-procedure due-process hearsay hearsay-rule jury-instructions prosecutorial-misconduct sexual-assault witness-credibility Did the courts allow the petitioner to have a fair and impartial trial?
23-6887 Brenda B. v. Tennessee Department of Children's Services Tennessee 2024-03-04 Denied Response WaivedIFP 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence evidence-credibility hearsay-rules witness-credibility witness-testimony Do I have a right to confront alleged witnesses?
23-6829 Edward Joseph Parson v. United States Tenth Circuit 2024-02-27 Denied Response WaivedIFP child-abuse child-sexual-abuse credibility evidence-rule-702 expert-testimony jury-determination jury-role prosecutorial-discretion prosecutorial-evidence witness-credibility Whether expert testimony that an alleged child victim's inconsistent reporting of abuse is consistent with truthfulness is admissible under Federal Ru…
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?
23-6730 Bryant Calloway v. United States Third Circuit 2024-02-13 Denied Response WaivedIFP appellate-jurisdiction criminal-procedure due-process fair-trial grand-jury ineffective-assistance-of-counsel judicial-review material-evidence prosecutorial-misconduct witness-credibility witness-testimony Whether the fundamental fairness of the criminal trial was violated by the district court's denial of the petitioner's motion to dismiss the indictmen…
23-6386 Michael Andrew King, Jr. v. United States Fourth Circuit 2023-12-28 Denied Response WaivedIFP appellate-review credibility-determination criminal-procedure due-process due-process-rights evidence jury-instructions jury-trial mask-obstruction witness-credibility witness-testimony Whether an appellate court's traditional deference to credibility determinations made by jurors in returning a guilty verdict should give way where th…
23-6257 Randall Scott Jordan v. Texas Texas 2023-12-14 Denied IFP brady brady-violation criminal-history due-process impeachment ineffective-assistance sixth-amendment suppression-of-evidence witness-credibility witness-impeachment Did the prosecution's suppression or withholding of state's key witness' prior violent criminal history that was favorable to accused for impeachment …
23-6260 Charles E. Linder, Jr. v. Kenneth Black, Warden Sixth Circuit 2023-12-14 Denied Response WaivedIFP constitutional-law criminal-procedure detective-testimony evidence evidentiary-objection firearm ineffective-assistance sixth-amendment testimony witness-credibility Whether trial counsel was ineffective in violation of the Sixth Amendment due to failure to object to testimony
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…
23-529 Matthew Hayko v. Indiana Indiana 2023-11-17 Denied Response Waived appellate-review credibility criminal-procedure evidence-weighing harmless-error sixth-amendment trial-by-jury witness-credibility Whether an appellate court can violate a defendant's right to trial by jury under the Sixth Amendment by weighing evidence and judging the credibility…
23-464 Matthew Boermeester v. Ainsley Carry, et al. California 2023-11-02 Denied Response WaivedRelisted (2) confrontation cross-examination due-process educational-discipline fair-process student-rights title-ix witness-credibility Whether when an educational institution that is a recipient of Federal funds seeks to impose a lengthy suspension or expulsion on a student for allege…
23-5789 Jean Max Darbouze v. Patrick Covello, Warden Ninth Circuit 2023-10-16 Denied IFP civil-rights criminal-procedure csaas-testimony due-process evidence expert-testimony free-speech habeas-corpus translation-accuracy witness-credibility Whether the introduction of CSAAS testimony is unconstitutional junk science
23-5664 Robert Edward Sindaco v. Florida Florida 2023-09-28 Denied Relisted (2)IFP appellate-review constitutional-rights criminal-procedure due-process ineffective-counsel newly-discovered-evidence perjury post-conviction-relief prosecutorial-misconduct witness-credibility Whether the state court's denial of the petitioner's motion to vacate his conviction based on newly discovered evidence of perjury by a key witness vi…
23-5454 Moses Crowe v. United States Eighth Circuit 2023-08-25 Denied IFP confrontation-clause confrontation-right criminal-procedure cross-examination drug-abuse due-process intoxication jury-unanimity methamphetamine witness-credibility Whether Petitioner's constitutional right to confrontation was violated
23-5147 Johnny Johnson v. David Vandergriff, Warden Missouri 2023-07-20 Denied IFP attorney-general brady-v-maryland brady-violation continuing-duty-to-disclose criminal-procedure critical-state's-witnesses due-process impeachment-evidence local-prosecutor's-office material-impeachment-evidence prosecutorial-misconduct witness-credibility Is the continuing duty to disclose material impeachment evidence regarding critical state's witnesses pursuant to Brady v. Maryland, 373 U.S. 83 (1963…
23-5151 Tony A. Berger v. Wood County Sheriff's Department, et al. Seventh Circuit 2023-07-20 Denied IFP brady-rule consent-to-search due-process exculpatory-evidence law-enforcement-authority minor-interrogation parental-rights prosecutorial-misconduct search-and-seizure witness-credibility Whether assistant district attorneys have authority to deny exculpatory evidence
23-5109 Carl Lindsey v. Charlotte Jenkins, Warden Sixth Circuit 2023-07-14 Denied Relisted (2)IFP brady-v-maryland brady-violation certificate-of-appealability circuit-split due-process habeas-corpus key-witness overwhelming-evidence post-judgment-amendment prosecutorial-misconduct testimonial-immunity witness-credibility Whether the Sixth Circuit applied the proper materiality standard under Brady v. Maryland
23-5049 Marcus O. Singleton v. Scott Eckstein, Warden Seventh Circuit 2023-07-06 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error judicial-review prosecutorial-misconduct prosecutorial-vouching trial-misconduct wisconsin-courts witness-credibility Whether the prosecutor vouched for their witnesses
22-7639 Hulon Verser v. Illinois Illinois 2023-05-25 Denied IFP actual-innocence appellate-review gang-related-crime ineffective-assistance-of-counsel miranda-warnings murder-conviction newly-discovered-evidence post-conviction post-conviction-relief state-rules-and-laws unlawful-arrest witness-credibility Whether the post-conviction court erred in denying the petitioner's post-conviction petition after an evidentiary hearing, where the newly discovered …
22-7536 Mark D. Sievers v. Florida Florida 2023-05-12 Denied IFP closing-argument due-process fair-trial jury-instruction plea-agreement polygraph prosecutorial-misconduct witness-credibility Whether a state judge violates a defendant's due process right to a fair trial by giving an impromptu jury instruction regarding the credibility of th…
22-6909 Curtis Lynn Fauber v. Ronald Davis, Warden Ninth Circuit 2023-03-02 Denied IFP curative-instructions donnelly-v-dechristoforo due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility Did the Ninth Circuit's opinion create a conflict with this Court's decision in Donnelly v. DeChristoforo, 416 U.S. 637 (1974), under which specific c…
22-798 William Michael Crothers v. Wyoming Wyoming 2023-02-23 Denied Response Waived brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence impeachment-material prosecutorial-misconduct witness-credibility witness-testimony Whether the prosecutor's failure to disclose a promise of non-prosecution to eyewitness testimony violates the Brady rule
22-6772 Marion Bowman, Jr. v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2023-02-14 Denied IFP alternative-perpetrator brady-materiality brady-v-maryland capital-sentencing exculpatory-evidence giglio-v-united-states habeas-corpus kyles-v-whitley materiality prosecutorial-misconduct witness-credibility Was the Fourth Circuit's finding of no materiality of the suppressed evidence inconsistent with this Court's clearly established precedents?
22-6500 Richard Eugene Glossip v. Oklahoma Oklahoma 2023-01-09 Dismissed Amici (2)Relisted (21)IFP brady-v-maryland brady-violation criminal-procedure due-process evidence-suppression impeachment-evidence materiality post-conviction-relief prosecutorial-misconduct standard-of-review suppressed-evidence witness-credibility Whether a court may require a defendant to demonstrate by clear and convincing evidence that no reasonable fact finder would have returned a guilty ve…
22-6085 Curtis Neville v. United States Fifth Circuit 2022-11-18 Denied Response WaivedIFP brady-materiality brady-v-maryland cooperating-witness credibility criminal-evidence due-process due-process-violation kyles-v-whitley material-evidence prosecutorial-disclosure witness-credibility Is an incentivized cooperating witness's letter material under Brady v. Maryland and Kyles v. Whitley?
22-6046 Terrioues Owney v. United States Fifth Circuit 2022-11-14 Denied Response WaivedIFP appellate-review brady-disclosure brady-v-maryland constitutional-rights cooperating-witness due-process late-disclosure materiality materiality-standard new-trial witness-credibility Did the United States Court of Appeals for the Fifth Circuit deny Owney's right to constitutional due process by applying an erroneous standard in ass…
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
22-5612 Luis F. Gomez v. United States Seventh Circuit 2022-09-20 Denied Response WaivedIFP 6th-amendment administrative-law constitutional-law due-process federal-jurisdiction judicial-review prejudice prosecutorial-misconduct reversal statutory-interpretation witness-credibility Does a prosecutor's improper vouching for a witness unduly prejudice the defendant and require reversal under the 6th Amendment?
22-5471 Tremain Lamar Braxton, Timothy Roy Mason, and Darrell Lee-Lamont Summers, II v. United States Sixth Circuit 2022-08-30 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-sexual-conduct criminal-trial cross-examination evidence-exclusion incentive-to-testify sixth-amendment witness-credibility Whether a defendant's Sixth Amendment confrontation rights are violated when a trial court bars all cross-examination about events that concededly too…
22-5429 Omar Shariff Cash v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-08-24 Denied Response WaivedIFP brady-v-maryland circuit-split due-process harmless-error impeachment-evidence materiality standards-of-review suppressed-evidence witness-credibility Should this Court resolve the division among the Courts of Appeals and determine the appropriate standard for a court to apply in determining whether …
22-5319 Gary Lee Rollins v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2022-08-09 Denied Response RequestedRelisted (2)IFP brady-v-maryland brady-violation due-process immunity-agreement napue-v-illinois napue-violation prosecutorial-misconduct witness-credibility Does a court commit prejudicial error under Brady v. Maryland and Napue v. Illinois when it makes erroneous factual findings and unreasonable legal co…
21-8262 Antonio Jones v. Frank Vanihel, Warden Seventh Circuit 2022-06-29 Denied Response WaivedIFP confrontation-clause cross-examination due-process fourteenth-amendment police-investigation right-to-present-defense sixth-amendment testimonial-evidence witness-credibility Whether the Sixth and Fourteenth Amendments were violated
21-1319 Mark Nordlicht and David Levy v. United States Second Circuit 2022-04-04 Denied Amici (1) credibility criminal-procedure discretion district-court-discretion evidence-weighing federal-rules-of-criminal-procedure jury-verdict new-trial new-trial-motion rule-33 standard-of-review witness-credibility Whether district courts have discretion to weigh the evidence, including the credibility of witnesses, when deciding to grant a new trial under Rule 3…
21-7413 Brian Folks v. United States Second Circuit 2022-03-18 Denied Response WaivedIFP circuit-split criminal-procedure evidence issue-preservation prosecutorial-misconduct witness-credibility whether-prosecutor-can-ask-defendant-to-opine-on-witness-credibility
21-7122 Thomas Warner v. Illinois Illinois 2022-02-15 Denied IFP aggravated-battery criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency firearm-discharge jury-instructions sentencing state-testimony witness-credibility Whether Thomas Warner's convictions for aggravated battery with a firearm should be reversed
21-6897 Ramon Torres Ruelas v. Troy Bowser, Superintendent, Two Rivers Correctional Institution Ninth Circuit 2022-01-18 Denied Response WaivedIFP child-sex-case child-sex-crimes credibility-of-witnesses criminal-defense evidentiary-sufficiency ineffective-assistance-of-counsel lack-of-admissions lack-of-eyewitness-testimony lack-of-physical-evidence trial-strategy witness-credibility Whether trial counsel need not investigate witnesses with critical information relating to the putative victims' credibility in a child sex case where…
21-993 Willard Anthony v. Louisiana Louisiana 2022-01-12 Denied Response RequestedResponse WaivedRelisted (10) confrontation-clause confrontation-right due-process fair-trial harmless-error presumption-of-innocence prosecutorial-misconduct prosecutorial-testimony structural-error witness-credibility Whether the presumption of innocence, the right to confrontation, and the right to a fair trial permit a court to allow the grand jury prosecutor to t…
21-6688 Freddie McNeill, Jr. v. Tim Shoop, Warden Sixth Circuit 2021-12-21 Denied IFP brady-claim brady-doctrine brady-v-maryland due-process evidence-suppression judicial-review materiality-standard prejudice prosecutorial-disclosure witness-credibility witness-reliability Whether a reviewing court considering a claim under Brady v. Maryland, 373 U.S. 83 (1963), must assess the reliability and credibility of the witnesse…
21-6493 Jarrett Alvin Kinley v. Pennsylvania Pennsylvania 2021-12-02 Denied IFP criminal-procedure due-process false-evidence false-testimony napue-v-illinois napue-violation polygraph polygraph-testimony prosecutorial-misconduct witness-credibility Did the Pennsylvania Superior Court's holding conflict with Napue v. Illinois, 360 U.S. 264 (1959)
21-6173 Rotimi Salu v. New York State Justice Center for the Protection of People With Special Needs New York 2021-11-04 Denied Response WaivedRelisted (2)IFP administrative-adjudication administrative-law confrontation confrontation-rights credibility due-process employment-law hearsay hearsay-evidence witness-credibility Does it violate due process of law for a state agency to routinely adjudicate accusations of wrongdoing on hearsay evidence alone, denying the accused…
21-556 Alexander P. Bebris v. United States Seventh Circuit 2021-10-15 Denied Response Waived confrontation-clause constitutional-rights criminal-procedure evidentiary-hearing evidentiary-hearings pretrial-hearing pretrial-hearings sixth-amendment witness-credibility Does the Sixth Amendment and Confrontation Clause apply to all pretrial evidentiary hearings implicating the credibility of a witness?
21-5856 Raymond LeQuan Gibbs v. Neil McDowell, Warden Ninth Circuit 2021-10-04 Denied Response WaivedIFP bias confrontation-clause credibility criminal-trial cross-examination informant-testimony informant-witness sixth-amendment witness-credibility Whether the Sixth Amendment's Confrontation Clause was violated when the defendant was prevented from cross-examining an informant witness on topics i…
21-5567 Damond Dean v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-03 Denied IFP corroborating-evidence criminal-trial due-process ineffective-assistance reasonable-investigation strickland-standard strickland-v-washington therapist-testimony trial-counsel witness-credibility Question not identified
21-5576 Victor Shawn Brown v. Debbie Asuncion, Warden Ninth Circuit 2021-09-03 Denied Response WaivedIFP compulsory-process confrontation-clause due-process fair-trial prosecutorial-misconduct witness-credibility Whether prosecutors can attack the credibility of the petitioner's witnesses by calling them 'liars' when the state's own witnesses lack credibility
21-5492 Marcus Phillips v. United States Fifth Circuit 2021-08-26 Denied Response WaivedIFP civil-procedure drug-agent-testimony drug-enforcement expert-testimony first-impression legal-admissibility mental-acuity perceptive-ability witness-credibility Whether expert testimony about mental acuity is admissible to show a person's ability to observe and to act to exercise dominion and control over a ho…
21-5140 Gabriel Elijah Kane Arkinson, aka Daniel Elijahkane Arkinson v. United States Ninth Circuit 2021-07-20 Denied Response WaivedIFP accomplice-testimony acquittal-standard criminal-procedure due-process evidence motion-for-acquittal ninth-circuit-review rule-29-motion witness-credibility witness-identification Whether the presumptive force of the rule that the testimony of an accomplice is sufficient to convict is a lawful substitute for this Court's rules g…
21-5063 Sammy Cano v. Illinois Illinois 2021-07-09 Denied IFP constitutional-rights criminal-procedure criminal-seizure due-process evidence ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt sentencing sentencing-discretion witness-credibility witness-testimony Whether the State failed to prove guilt beyond a reasonable doubt
20-1798 Sylvanus Rene v. Texas Texas 2021-06-25 Denied appellate-review constitutional-claims due-process evidentiary-hearing findings-of-fact habeas-corpus procedural-due-process state-court-proceeding witness-credibility Does the appellate court's rejection without explanation of a trial court's favorable, dispositive findings of fact based on witness credibility deter…
20-7674 Kuantau Reeder v. Darrel Vannoy, Warden Fifth Circuit 2021-04-07 Denied Response RequestedResponse WaivedRelisted (2)IFP brady-v-maryland brady-violation criminal-procedure due-process giglio-v-united-states impeachment-evidence materiality materiality-standard prosecutorial-misconduct witness-credibility Whether the Louisiana Fourth Circuit Court of Appeal failed to correctly apply clearly established federal law as announced by this Court when it held…
20-7552 Hugo Rufino Alvarez-Reyes v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2021-03-24 Denied Response WaivedIFP civil-procedure civil-rights due-process equal-protection expert-testimony first-amendment fourteenth-amendment free-speech ineffective-assistance sixth-amendment standing witness-credibility Whether the lower court erred in dismissing petitioner's claims alleging violations of the First Amendment and the Equal Protection Clause
20-7199 Maurice Duncan Burks v. United States Sixth Circuit 2021-02-22 Denied Response WaivedIFP appellate-review due-process federal-rules-of-criminal-procedure motion-for-new-trial new-trial standard-of-review trial-court-discretion witness-credibility Whether Using a Different, More Stringent, Standard of Review When a Trial Court Grants a Motion for New Trial than Utilized When a Trial Court Denies…
20-7087 Brian James Holland v. United States Eleventh Circuit 2021-02-08 Denied Response WaivedIFP 18-usc-2241 conviction criminal-law criminal-procedure evidence evidence-sufficiency force-definition statutory-interpretation witness-credibility What is the definition of the term 'force' under 18 U.S.C. § 2241?
20-6494 Jose Andres Vera-Gutierrez v. United States Eighth Circuit 2020-12-01 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure due-process evidence evidentiary-error harmless-error witness-credibility Whether erroneously admitted evidence critical to proving an element of the charged offense can be deemed harmless based on the appellate court's dete…
20-282 Sheldon Carmon v. CSX Transportation, Inc. Sixth Circuit 2020-09-03 Denied Response Waived appellate-review civil-procedure civil-rights due-process federal-employers-liability-act notice-of-dangerous-condition railroad-liability summary-judgment witness-credibility Whether summary judgment was properly granted in a Federal Employers' Liability Act case
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…
20-5439 Jesse Santibanez v. United States Fifth Circuit 2020-08-21 Denied Response WaivedIFP ABUSE-OF-DISCRETION CONFRONTATION-CLAUSE confrontation-right CRIMINAL-PROCEDURE CROSS-EXAMINATION district-court-discretion SIXTH-AMENDMENT WITNESS-CREDIBILITY witness-testimony Did the District Court violate Santibanez's Sixth Amendment right to confront witness Evangeline Perez Vela against him?
20-5360 Reinaldo Dennes v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-14 Denied IFP brady-evidence brady-violation cause-and-prejudice circuit-split cullen-v-pinholster due-diligence due-process evidence-suppression habeas-corpus napue-evidence prosecutorial-misconduct witness-credibility Should newly discovered Brady/Napue evidence be considered by federal courts or returned to state court?
20-156 Kevin Edward Connors v. Texas Texas 2020-08-13 Denied brady-v-maryland brady-violation cold-record credibility-determinations due-process fact-finding habeas-corpus prosecutorial-misconduct witness-credibility whether-due-process-prohibits-superior-court-from-rejecting-inferior-court's-fact-findings-based-on-credibility
20-5171 Cedric Watkins v. Kenneth D. Hutchison, Warden, et al. Sixth Circuit 2020-07-24 Denied IFP constitutional-rights credibility-of-witnesses due-process effective-assistance-of-counsel evidence-sufficiency fourteenth-amendment ineffective-assistance jackson-v-virginia sixth-amendment witness-credibility Whether the lower courts properly applied Supreme Court precedent and enforced the U.S. Constitution
20-5154 Jorge Armando Herrera Salguero v. California Ninth Circuit 2020-07-23 Denied Response WaivedIFP certificate-of-appealability closing-argument credibility due-process habeas habeas-corpus prosecutorial-misconduct witness-credibility Whether the Ninth Circuit's denial of a COA on Salguero's prosecutorial-misconduct claim is contrary to this Court's jurisprudence
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…
20-5049 Kevin L. Martin v. John Galipeau, Warden Seventh Circuit 2020-07-14 Denied Response WaivedIFP administrative-review brady-v-maryland civil-rights disciplinary-hearing disclosure-of-evidence due-process facility-proceedings giglio-v-united-states judicial-procedure prosecutorial-misconduct witness-credibility Whether the district court of appeals properly applied the standards of Brady v. Maryland and Giglio v. United States in evaluating the petitioner's c…
19-8577 Shane Roscoe v. Connie Horton, Warden Sixth Circuit 2020-06-01 Denied Response WaivedIFP brady-violation confrontation-right confrontation-rights due-process forfeiture-by-wrongdoing hearsay hearsay-statements ineffective-assistance prosecutorial-misconduct sixth-amendment witness-credibility Whether the Fourteenth Amendment guarantee of due process is violated when the prosecution withholds impeaching evidence
19-8529 Darryl Cain v. Randee Rewerts, Warden Sixth Circuit 2020-05-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial habeas-corpus harmless-error ineffective-assistance judicial-review procedural-default prosecutorial-misconduct witness-credibility Whether the prosecutor's remarks during rebuttal of injecting personal opinion and vouching for the credibility of a witness
19-8479 Bernard J. Fleming v. United States District of Columbia 2020-05-15 Denied Response WaivedIFP closing-arguments criminal-procedure due-process fair-trial personal-opinion prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility When do comments by a prosecutor in her final and rebuttal arguments to the jury in a criminal case that affirm the veracity of the government's chief…
19-8468 Janice M. Shufford v. United States Sixth Circuit 2020-05-14 Denied Response WaivedIFP conspiracy-charges criminal-history due-process evidence evidentiary-exclusion fair-trial indictment-defects judicial-discretion prosecutorial-misconduct witness-credibility Did the court of appeals properly affirm the trial court's prohibition of the defense from adducing evidence of prosecution witnesses' criminal histor…
19-8379 Herbert Burgess v. Illinois Illinois 2020-04-30 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence-exclusion fair-trial judicial-bias judicial-misconduct prosecutorial-misconduct trial-bias witness-credibility Whether the trial court's repeated displays of bias, hostility, and animosity toward Herbert Burgess violated the standard for prejudice and bias
19-8172 Adam Carson v. United States Sixth Circuit 2020-04-02 Denied Response WaivedIFP court-of-appeals criminal-procedure due-process federal-jurisdiction perjury statutory-interpretation witness-credibility witness-tampering Can a conviction for witness tampering be upheld when a Defendant did not ask a witness to lie for him?
19-8040 Jerry Meas v. Osvaldo Vidal, Superintendent, Souza-Baranowski Correctional Center, et al. First Circuit 2020-03-19 Denied Response WaivedIFP certificate-of-appealability confrontation confrontation-clause credibility criminal-procedure cross-examination due-process evidence habeas-corpus judicial-discretion sixth-amendment sixth-amendment-confrontation witness-credibility Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cross-e…
19-824 Lonnie Lee Owens v. Mike Parris, Warden Sixth Circuit 2019-12-31 Denied Response Waived blakely-error compromise-verdict disputed-facts harmless-error judicial-fact-finding sentencing-enhancement sixth-circuit-review subjective-assessment witness-credibility Whether a Blakely error is harmless when the jury returned a compromise verdict and the sentencing enhancement at issue required a subjective assessme…
19-6848 Robert Matthew Wittal v. Montana Montana 2019-12-04 Denied Response WaivedIFP co-defendant-testimony credibility criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection sixth-amendment witness-credibility Whether petitioner received ineffective assistance of counsel when his counsel objected to a jury instruction on the untrustworthiness of co-defendant…
19-6851 Lena Lasher v. Nebraska State Board of Pharmacy, et al. Eighth Circuit 2019-12-04 Dismissed Relisted (2)IFP administrative-agency administrative-discretion civil-rights due-process equal-protection ethnic-discrimination independent-agency independent-review licensing pharmacist pharmacy-licensing state-board-of-pharmacy witness-credibility Did the Nebraska Board of Pharmacy (NE BOP) err by not acting independently in considering the matter concerning the appellant's pharmacist license on…
19-702 Alen Dean O'Bryant v. Oklahoma Oklahoma 2019-12-03 Denied credibility due-process evidentiary-bolstering minor minor-witness physical-evidence prosecutorial-misconduct sexual-assault vouching witness-credibility Does Due Process prohibit a State from presenting multiple witnesses and the prosecutor from vouching for the credibility of a minor complaining witne…
19-685 Edward George McGregor v. Texas Texas 2019-11-27 Denied Response RequestedRelisted (2) credibility cross-examination due-process false-testimony materiality prosecutorial-misconduct witness-credibility Is the materiality of false testimony knowingly used by the prosecution determined by asking whether the jury would have convicted the defendant had t…
19-6614 Jerome Marshall v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2019-11-13 Denied Response WaivedIFP actual-innocence constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health miranda-rights miranda-warnings post-conviction-relief procedural-default witness-credibility Whether the Third Circuit Court of Appeals erred by denying Petitioner's request for a certificate of appealability
19-6584 Steven Williams v. United States Second Circuit 2019-11-12 Denied Response WaivedIFP cooperating-witnesses cooperation-agreement credibility-bolstering direct-examination due-process government-vouching prosecutorial-misconduct prosecutorial-vouching truth-telling witness-credibility witness-testimony Whether it is a violation of due process for the government to bolster the testimony of cooperating witnesses
19-6283 Daryl Scott v. United States District of Columbia 2019-10-17 Denied Response WaivedIFP criminal-procedure dna-evidence due-process fair-trial government-misconduct judicial-integrity mesarosh-v-united-states military-justice post-conviction-relief post-trial-discovery witness-credibility Is the widespread fabrication and destruction of false DNA evidence by a government chemist for use at trial against U.S. servicemembers, and the fail…
19-5948 Maria Margarita Valdez-Araiza v. United States Ninth Circuit 2019-09-16 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review conflicting-evidence criminal-procedure-review evidence evidentiary-error harmless-error harmless-error-review judicial-precedent jury-factfinding sixth-amendment standard-of-review witness-credibility Is the Ninth Circuit's decision consistent with this Court's precedents?
19-5007 Jonathan Paul Sikes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-01 Denied Relisted (2)IFP actual-innocence credibility-of-witnesses criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia juvenile-offender reasonable-doubt sexual-offenses standard-of-proof sufficiency-of-evidence testimony witness-credibility Does the Northern District Court's decision conflict with the holding in Jackson v. Virginia as the Northern District Court misapplied the standard in…
19-5031 Efrain Ismael Conde v. Arizona Arizona 2019-07-01 Denied IFP 14th-amendment access-to-court appointment-of-counsel credibility-of-witness due-process due-process-materiality-standard fourteenth-amendment materiality-standard newly-discovered-evidence post-conviction-relief witness-credibility Does the Due Process Clause entitle a convicted prisoner to appointment of counsel and opportunity to amend a notice of post-conviction relief asserti…
18-9566 Jason Brady Sain v. Oklahoma Oklahoma 2019-06-06 Denied IFP closing-arguments credibility due-process fair-trial fourteenth-amendment prosecutorial-misconduct sixth-amendment theory-of-the-case witness-credibility Was petitioner's sixth and fourteenth amendment rights to a fair trial violated?
18-9556 Charles R. Willard v. California Department of Corrections and Rehabilitation Ninth Circuit 2019-06-05 Denied IFP certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment Is the low threshold for a certificate of appealability (COA) met on a claim that trial counsel provided prejudicially deficient performance when coun…
18-9527 Thomas Branagan v. Isidro Baca, Warden, et al. Ninth Circuit 2019-06-03 Denied Response WaivedIFP child-victim civil-rights criminal-procedure due-process evidence evidentiary-issues ineffective-assistance-of-counsel prosecutorial-misconduct sexual-assault standing testimony-inconsistency witness-credibility witness-testimony Whether the defendant's constitutional rights were violated due to ineffective assistance of counsel and prosecutorial misconduct
18-1482 Semyya Lanise Cunningham v. United States Fourth Circuit 2019-05-29 Denied circumstantial-guarantees circumstantial-guarantees-of-trustworthiness credibility credibility-of-witnesses district-court district-court-discretion evidence-law evidence-rule-807 federal-rules-of-evidence hearsay-exception hearsay-rule judicial-discretion residual-hearsay-exception rule-807 trustworthiness witness-credibility Whether a finding of 'circumstantial guarantees of trustworthiness' may be premised on a district court's belief in the truth of the hearsay statement…
18-9261 Calmer Cottier v. United States Eighth Circuit 2019-05-15 Denied Response RequestedResponse WaivedRelisted (7)IFP constitutional-rights cooperating-witness due-process fair-trial impartial-jury jury-deliberation prosecutor-stipulation prosecutorial-misconduct stipulation truthfulness witness-credibility witness-testimony Does the use of a prosecutor's stipulation that a cooperating witness is testifying truthfully violate the constitutional guarantees of a fair trial, …
18-9260 Frederick E. Braxton v. Tennessee Tennessee 2019-05-14 Denied Response WaivedIFP coram-nobis due-process equal-protection equal-protection-clause eyewitness perjury trial-judge witness-credibility Is Due Process and/or Equal Protection Clauses of the XIVth Amendment of the U.S. Constitution violated when the sole eyewitness to a crime is the vic…
18-9132 Earlie Dickerson v. United States Fifth Circuit 2019-05-03 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-standard federal-rule-criminal-procedure federal-rules-of-criminal-procedure government-witness government-witnesses motion-for-new-trial newly-discovered-evidence perjury trial-motion witness-credibility witness-testimony Whether new evidence that Government witnesses provided untruthful statements during a trial can ever satisfy the requirements for a motion for new ba…
18-8893 Mark M. Brown v. United States Sixth Circuit 2019-04-18 Denied Response WaivedIFP circuit-court-review criminal-procedure impairment mental-capacity mental-impairment probable-cause standard-of-review suppression-motion trustworthiness warrant warrant-issuance witness witness-credibility witness-testimony Does probable cause to issue a warrant extend to situations where a witness to alleged criminal behavior was severely impaired?
18-8728 Joseph Christen Thoresen v. Minnesota Minnesota 2019-04-08 Denied IFP corroborating-testimony credibility credibility-of-witnesses criminal-procedure criminal-procedure-due-process-jury-instructions-d criminal-procedure-jury-instructions drug-addiction due-process forensic-evidence jury-instruction jury-instructions methamphetamine prejudicial-evidence prejudicial-information witness-credibility Whether the court below erroneously held, in conflict with the decisions of two circuits, that a special jury instruction was not warranted when consi…
18-8533 Lance Williams v. California California 2019-03-22 Denied Response WaivedIFP civil-rights criminal-appeal criminal-procedure due-process evidence evidence-admissibility habeas-corpus ineffective-appellate-counsel ineffective-assistance-of-counsel insufficiency-of-evidence intent invalid-illegal-strike perjury police-report prejudicial-1101(b)-evidence pro-se prosecutor-coercion prosecutorial-misconduct uncharged-act witness-credibility witness-description Whether the state courts erred in denying appeal on prejudicial 1101(B) evidence on uncharged act used to prove intent where the police report differs…
18-8353 David A. Hicks v. United States Fourth Circuit 2019-03-08 Denied Response WaivedIFP brady-rule criminal-procedure due-process evidence-destruction exculpatory-evidence government-misconduct habeas-corpus spoliation-of-evidence witness-credibility Whether the Government can destroy evidence a defendant has sufficient reason to believe is necessary to prove innocence in an anticipated § 2241 Moti…
18-8154 Deondre D. Romero v. Darrel Vannoy, Warden Fifth Circuit 2019-02-27 Denied IFP and whether ineffective assistance of counsel dep due-process fair-trial false-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment victim-credibility witness-credibility Whether Petitioner's Fourteenth Amendment right to a fair and impartial trial was violated
18-7769 Demetrius Hill v. United States Second Circuit 2019-02-06 Denied Response WaivedIFP brady-violation constitutional-rights due-process exculpatory-evidence government-misconduct ineffective-assistance-of-counsel ineffective-counsel new-trial sentencing sentencing-enhancement sixth-amendment witness-credibility witness-vouching Do exculpatory recordings that were purposefully withheld by the government warrant a new trial?
18-7576 Jordaan Stanly Creque v. Alabama Alabama 2019-01-25 Denied IFP capital-murder constitutional-rights credibility death-penalty due-process law-enforcement-testimony law-enforcement-witness reliable-process summation summation-and-bolstering trial-by-jury witness-credibility Does a capital murder conviction and death sentence violate due-process, trial-by-jury, and reliable-process rights when a law-enforcement witness who…
18-7464 Carlton E. Gary v. Florida Florida 2019-01-16 Denied IFP competency-hearing criminal-procedure due-process evidentiary-standard expert-testimony expert-witness fundamental-error judicial-error prejudice violation witness-credibility witness-influence Whether the expert witness's report was improperly influenced by the witness's actions, resulting in a violation of due process
18-7430 Mohamed Abdihamid Farah v. United States Eighth Circuit 2019-01-15 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error jury-instructions specific-intent trial-by-jury witness-credibility Whether the failure to include in jury instructions the required element of specific intent is subject to harmless error analysis where the element is…
18-7400 Damion Sleugh v. United States Ninth Circuit 2019-01-14 Denied Response WaivedIFP appellate-review co-defendant-testimony criminal-procedure discovery due-process evidence fifth-amendment first-amendment impeachment impeachment-evidence witness-credibility Whether the need for sealing a co-defendant's subpoena applications ends once the co-defendant changes his plea and testifies for the Government at tr…
18-7303 Joel Rivera v. United States Seventh Circuit 2019-01-08 Denied Response WaivedIFP advance-knowledge aiding-and-abetting armed-robbery credibility-of-witness credible-witness criminal-intent due-process evidence firearm-use new-trial prosecutorial-discretion seventh-circuit witness-credibility Whether Rosemond v. United States was wrongly interpreted and applied
18-7189 George Leslie Manlove v. United States Ninth Circuit 2018-12-27 Denied Response WaivedIFP constitutional-rights credibility due-process fact-finding fair-trial jury-role leading-questions prosecutorial-misconduct right-to-jury witness-credibility Was petitioner denied his constitutional rights, including his right to a fair trial, because the prosecutor's calculated, sustained, and improper use…
18-7146 Jonathan Samuel Sage v. Washington Washington 2018-12-21 Denied IFP confrontation confrontation-clause cross-examination double-jeopardy double-jeopardy-clause due-process evidence-restriction judicial-review jury-instructions multiple-convictions same-crime same-person-same-time separate-and-distinct-conduct uncharged-misconduct witness-credibility Should this Court grant review where Washington State's published Court of Appeals decision affirmed these multiple convictions despite ambiguous and …
18-6696 Octavio Torres Ortega v. Pam Bondi, Attorney General of Florida Eleventh Circuit 2018-11-16 Denied IFP appeal criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal motion-to-suppress public-defender speedy-trial trial-counsel witness-credibility did-the-trial-court-err-in-denying-a-judgment-of-acquittal
18-6666 Oscar Sosa v. United States Fifth Circuit 2018-11-14 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure drug-trafficking due-process expert-testimony plain-error-review prosecutorial-misconduct sixth-amendment witness-credibility Whether a federal agent's testimony about an out-of-court agent's report of drug trafficking by an unindicted coconspirator violates the Confrontation…
18-6629 William Randolph Harloff v. Craig Koenig, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP chapman-harmless-error confrontation-clause constitutional-rights courtroom-presence criminal-procedure due-process harmless-error prejudice right-to-be-present witness-credibility witness-testimony Whether the state court applied Chapman v. California, 386 U.S. 18 (1967) in an objectively unreasonable manner or made an unreasonable determination …
18-6556 David McAlister, Sr. v. Wisconsin Wisconsin 2018-11-02 Denied Response WaivedIFP circuit-court credibility credibility-of-witness criminal-procedure cumulative-evidence due-process exculpatory-evidence legal-standard newly-discovered-evidence reasonable-probability recantation state-witness witness-credibility Whether the circuit court erroneously violated petitioner's right to due process when it applied an incorrect legal standard to newly discovered evide…
18-5905 Cortez Moore v. Illinois Illinois 2018-09-06 Denied Response WaivedIFP criminal-procedure due-process fair-trial judicial-bias officer-testimony opening-argument prosecutorial-misconduct sixth-amendment testifying-officers witness-credibility Whether the State of Illinois deprived Cortez Moore of a fair trial where during opening argument it repeatedly characterized the testifying officers …
18-5823 Alonzo D. Marshall v. United States District of Columbia 2018-08-29 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process evidentiary-hearing innocence innocence-claim post-conviction-relief section-23-110 trial-court-discretion witness-credibility Whether the court of appeals erred in affirming the trial court's decision to deny the defendant's Section 23-110 motion following an evidentiary hear…
18-176 Conestoga Trust Services, LLC, as Trustee of the Conestoga Settlement Trust, dated May 1, 2010 v. Sun Life Assurance Company of Canada Sixth Circuit 2018-08-09 Denied civil-procedure direct-evidence disinterested-witness evidence judicial-discretion material-fact material-facts nonmovant reasonable-jury reasonable-jury-standard summary-judgment witness-credibility Whether a court may weigh and discredit direct evidence from a disinterested witness that would prove a material fact, under the guise of applying the…
18-144 Keith Byron Baranski v. United States Eighth Circuit 2018-07-31 Denied Response Waived appellate-standard brady-giglio coram-nobis due-process materiality prosecutorial-misconduct prosecutorial-suppression second-or-successive-motions second-successive-motions sentencing-reduction suppressed-evidence suppression-of-evidence witness-credibility Whether, without briefing, a Court of Appeals may substitute the 28 U.S.C. §2255 standard for second or successive' motions by prisoners in custody fo…
18-5255 Jerome Gibson v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2018-07-18 Denied Response WaivedIFP brady-claim brady-v-maryland credibility de-novo-review due-process evidence-suppression investigation kyles-standard kyles-v-whitley materiality materiality-test police-investigation reliability suppressed-evidence witness-credibility Whether the suppression of evidence of inducements provided to Commonwealth witnesses violates Brady v. Maryland, where the defense could have used th…
18-5242 Kenneth Martin, Jr. v. United States Fifth Circuit 2018-07-16 Denied Response WaivedIFP burden-of-proof co-conspirator co-conspirator-testimony corroboration corroboration-requirement criminal-conviction criminal-procedure due-process evidence evidentiary-standard fifth-circuit-law plea-bargain sentencing testimony witness-credibility Whether the Fifth Circuit's law that allows a conviction based solely on the uncorroborated testimony of a co-conspirator should be abandoned, or at l…
18-5143 Robert Graham v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2018-07-05 Denied IFP admissibility batson-vs-kentucky criminal-procedure due-process fingerprinting fingerprinting-expert identification identification-testimony preliminary-hearing reliability trial-evidence witness-credibility Is an in-court identification of the defendant as the robber admissible at trial in the absence of a due process hearing to first determine the reliab…