Right-to-Counsel

813 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6854 Lonny Slade Glover v. Minnesota Minnesota 2026-02-19 Pending IFP ex-parte-communication fourteenth-amendment pro-se-defendant right-to-counsel sixth-amendment structural-error 1. Whether an unrecorded ex-parte communication between a trial judge and a deadlocked jury where the physical note of the communication was subsequen…
25-6567 Rajeri Curry v. United States Third Circuit 2026-01-13 Denied Response WaivedIFP edwards-rule evidence-suppression fourth-amendment interrogation-violation poisonous-tree-doctrine right-to-counsel Where the police violated the rule announced in Edwards v. Arizona by continuing to question petitioner after she twice invoked her right to counsel, …
25-6488 Matthew Jones v. Dave Yost, Attorney General of Ohio Sixth Circuit 2026-01-06 Pending IFP criminal-procedure due-process plea-agreement plea-offer right-to-counsel sixth-amendment The first question presented is : Should the Sixth Amendment right to counsel attach at the moment an accused is confronted by his expert adversary w…
25-6466 Israel Alberto Rivas Gomez v. United States Ninth Circuit 2026-01-02 Denied Response WaivedIFP constitutional-rights criminal-procedure custodial-interrogation due-process miranda-warning right-to-counsel Whether law enforcement's advisement to a defendant that entirely omits the "if he so desires" language regarding the right to appointed counsel satis…
25-6353 Marcin Sosniak v. Charles Mims, Warden Eleventh Circuit 2025-12-12 Denied Response WaivedIFP criminal-procedure death-penalty evidence-retrieval ineffective-assistance police-interview right-to-counsel Whether Petitioner has received ineffective assistance of counsel where Petitioner's counsel allowed Petitioner who was facing the death penalty to ac…
25A684 Jeffrey A. Weisheit v. Ron Neal, Warden Seventh Circuit 2025-12-10 Application capital-trial habeas-corpus ineffective-assistance mental-illness right-to-counsel sixth-amendment Question not identified.
25-6249 Robert Bell v. Administrator, East Jersey State Prison, et al. Third Circuit 2025-11-26 Denied IFP dna-evidence fair-trial ineffective-assistance right-to-counsel sexual-assault sixth-amendment I. IS THE RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL CLAUSE VIOLATED WHEN DEFENSE COUNSEL FAILS TO INVESTIGATE, AND SEEK TO OBTAIN AN EXPERT IN OBVIOUS …
25-6228 James Anthony Hale v. Michigan Michigan 2025-11-24 Denied Response WaivedIFP arraignment criminal-procedure due-process jurisdictional-defect right-to-counsel sixth-amendment WHERE PETITIONER WAS DENIED HIS SIXTH AMENDMENT RIGHT TO COUNSEL DURING HIS INITIAL ARRAIGNMENT PROCEEDING, JURISDICTIONAL DEFECT DEPRIVE THE STATE C…
25-6158 John Nock v. United States Eighth Circuit 2025-11-19 Pending IFP constitutional-rights criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court APPOINT SUBSTITUTE 10 TCOnN <S?T'S REFUS AL to nock's SIXTH AMENDMENT URSTrmt VI0LATED MR. representation ? DMENT RIGHT To effective ■noc™sR fifth a…
25A440 Meelad Dezfooli v. United States Ninth Circuit 2025-10-17 Denied counsel-of-choice criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment Question not identified.
25A396 Robert Tatum v. Chris Stevens Seventh Circuit 2025-10-06 Denied alibi-defense complete-defense due-process right-to-counsel self-representation sixth-amendment Question not identified.
25-5592 Brijesh Goel v. United States Second Circuit 2025-09-09 Denied Response WaivedIFP constitutional-rights direct-appeal knowing-voluntary on-the-record right-to-counsel waiver Whether the Court of Appeals below violated the Petitioner's constitutional right to counsel on direct appeal by failing to make an on-the-record find…
25A213 In Re Gavin B. Davis Fifth Circuit 2025-08-22 Denied constitutional-rights criminal-procedure faretta-waiver pro-se-representation right-to-counsel sixth-amendment If a criminal defendant is forced against their will to proceed in propia persona absent a bona fide unequivocal Faretta waiver, while timely and dili…
25-219 Jay Warren Arnold v. Texas Texas 2025-08-22 Denied constitutional-challenge criminal-procedure due-process habeas-corpus right-to-counsel sixth-amendment Is the statute under which the Texas Court of Criminal Appeals dismissed petitioner's application for writ of habeas corpus, Texas Code of Criminal Pr…
25A166 Jason Elysse v. Florida Florida 2025-08-07 Presumed Complete continuance-motion criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion Question not identified.
25-5266 In Re Kimberly Lee Kessler 2025-08-04 Denied Relisted (2)IFP constitutional-violation due-process fair-trial jury-instructions prosecutorial-misconduct right-to-counsel Question not identified.
25-99 William Thomas Hudson, III v. Michael Meisner, Warden Seventh Circuit 2025-07-25 Denied Response Waived ineffective-assistance investigation-deficiency prejudice-standard right-to-counsel sixth-amendment strickland-test Whether a court evaluating an ineffective assistance of counsel claim may rely on the testimony of counsel who has failed to conduct an adequate inves…
25-101 J. M. F. v. Angel Quiros, Commissioner, Connecticut Department of Correction Connecticut 2025-07-25 Denied Response Waived conflict-of-interest criminal-defendant effective-counsel legal-malpractice right-to-counsel sixth-amendment Whether the threat of a civil action by a criminal defendant against his attorney is a per se denial of the right to the effective of counsel guarante…
24A1258 Willie Dennis v. United States Second Circuit 2025-06-20 Presumed Complete due-process faretta-right ineffective-assistance pro-se-representation procedural-standing right-to-counsel Question not identified.
24A1168 Richard W. Gannett v. Board of Bar Overseers Massachusetts 2025-05-30 Presumed Complete bar-discipline conflict-of-interest disbarment right-to-counsel sixth-amendment waiver Question not identified.
24-7241 Michael Rech v. United States Second Circuit 2025-05-19 Denied Response WaivedIFP body-worn-camera incarceration restitution right-to-counsel speedy-trial suppression 1. Was petitioner deprived of his right to counsel of choice by virtue of the lack of timely notice to him that funds had been released with which he …
24-7162 Deshawn Whited v. United States Sixth Circuit 2025-05-08 Denied Response WaivedIFP attempted-robbery district-court fair-trial right-to-counsel sixth-circuit uncharged-evidence Whether the Sixth Circuit Court of Appeals erred in finding that the District Court was correct in permitting evidence of an uncharged attempted robbe…
24-6907 Oscar Omar Lobo-Lopez v. United States Fourth Circuit 2025-04-02 Denied Response WaivedIFP compassionate-release criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment THE SIXTH AMENDMENT RIGHT TO COUNSEL EXTENT TO ALL CRITICAL STASHES OF A CRIMINAL PROCEEDINGS LIKE COMPASSIONATE RELEASE, WHEN COUNSEL FAILED TO PROPE…
24-6891 Davone Unique Anderson v. Pennsylvania Pennsylvania 2025-03-31 Denied IFP custodial-interrogation due-process involuntary-confession mental-health-crisis right-to-counsel self-incrimination 1. Whether a statement to a corrections officer made by an individual who has just attempted suicide while in custody is "voluntary" when the prison h…
24-6859 Cecil Ray v. Angela Phams, Warden, et al. Georgia 2025-03-26 Denied IFP constitutional-rights criminal-procedure due-process fourteenth-amendment right-to-counsel state-courts 1. IS one merits bond appeal exist and are much invalidated by a State Court as review, should Federal Court address one lack KH as a second of Unt co…
24-6774 Alberto Rivera v. Tim Thomas, Warden Seventh Circuit 2025-03-14 Denied Response WaivedIFP counsel-of-choice critical-stage law-enforcement right-to-counsel sixth-amendment substitute-counsel Can law enforcement officials refuse to honor a defendant's request for the presence of their retained counsel at a "critical stage" without a counter…
24-6491 Nawaz Ahmed v. Tim Shoop, Warden Sixth Circuit 2025-02-06 Denied IFP asset-freezing certificate-of-appealability due-process hybrid-representation right-to-counsel sixth-amendment Has the Sixth Amendment right to the assistance of counsel been met when a trial court freezes and takes control of the Defendant's assets, appoints c…
24-6469 Ramien Collins v. United States Eighth Circuit 2025-02-04 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure due-process right-to-counsel sixth-amendment Did the appellate commit reversible err denying Petitioner's direct appeal on the issue where the district court allowed the admission of chemical ana…
24A755 Steven M. Hohn v. United States Tenth Circuit 2025-02-04 Presumed Complete attorney-client-communications ineffective-assistance prosecutorial-misconduct right-to-counsel sixth-amendment trial-prejudice 1. This case presents the question whether a Sixth Amendment violation occurs when the prosecution intentionally and unjustifiably intrudes upon a def…
24-6440 Jondrew LaChaux v. Eighth Judicial District Court of Nevada, Clark County, et al. Nevada 2025-01-31 Denied IFP child-custody due-process family-law guardianship procedural-fairness right-to-counsel Question not identified.
24A744 Leonard Harris v. Nakita Ross, et al. Fourth Circuit 2025-01-29 Denied capital-sentencing criminal-procedure exculpatory-evidence ineffective-assistance right-to-counsel sixth-amendment Due Process Violations from the Use of Expunged Records: This case raises fundamental questions about whether the use of expunged records in judicial …
24-780 Anthony Blue v. New York New York 2025-01-23 Denied Response RequestedResponse WaivedRelisted (2) constitutional-right criminal-trial defendant-understanding right-to-counsel sentencing-range waiver Whether a valid waiver of the constitutional right to counsel at trial requires that the defendant understood, at the time of the waiver, the "range o…
24A602 Zackery Terrell v. Texas Texas 2024-12-18 Presumed Complete criminal-procedure eighth-amendment ineffective-assistance plea-bargain right-to-counsel sentencing-guidelines Question not identified.
24A584 Daryl Cook v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2024-12-16 Presumed Complete criminal-procedure due-process exculpatory-evidence ineffective-assistance right-to-counsel sixth-amendment Question not identified.
24-6140 Terrance L. Lavoll v. Jerry Howell, et al. Ninth Circuit 2024-12-13 Denied IFP constitutional-rights criminal-procedure due-process right-to-counsel sentencing sixth-amendment 1. Whether Petitioner's Writ of Habeas Corpus was denied in violation of the Fifth Amendment when the state denied his right to appeal and his sentenc…
24-575 Zachary Thomas Horton v. Superior Court of California, Solano County, et al. California 2024-11-26 Denied Response WaivedRelisted (4) constitutional-rights due-process judicial-discretion property-rights right-to-counsel venue-transfer The Declaration of Independence. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator wit…
24-6007 Warren Dale Watson v. Dave Bergman, Warden, et al. Tenth Circuit 2024-11-20 Denied Relisted (2)IFP faretta-guidelines judicial-discretion pro-se-representation right-to-counsel sixth-amendment trial-court-procedure 1. Mr. Watson alleges that the District State Court failed to follow the requirements in which Watson made a clear and unequivocal request for self-re…
24-5994 David Rodriguez v. Texas Texas 2024-11-19 Denied Relisted (2)IFP abuse-of-discretion due-process fourteenth-amendment right-to-counsel right-to-present-defense sixth-amendment Did The Court Of Criminal Appeals Of Texas err in holding that The Trial Court did not abuse its discretion and violate Rodriguez Fourteenth Amendment…
24-557 David Asa Villarreal v. Texas Texas 2024-11-18 Granted Amici (7)Response RequestedResponse WaivedRelisted (3) constitutional-rights criminal-procedure defendant-testimony right-to-counsel sixth-amendment trial-court Whether a trial court abridges the defendant's Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defen…
24-5928 Erick Gachuhi Wanjiku v. United States Tenth Circuit 2024-11-06 Denied Response WaivedIFP due-process judicial-procedure legal-representation pro-se right-to-counsel voir-dire I<• WUetUer or peWo^'S 5^ c^d \4^ avM£wVueJ:S 'rtcjJr Vo eldfc pro&£S<S u!ta£ Vtetal^cl ^e; o<ppfc4 CetKt Vo feMW appointed Counsel a6 fecpe^bd 6<uct…
24-5924 Elliot Morales v. New York New York 2024-11-06 Denied Response WaivedIFP criminal-procedure due-process right-to-counsel sentencing-exposure trial-court-procedure waiver Does a criminal trial court violate Iowa v. Tovar in failing to advise a defendant, before he waives his right to trial counsel, of the sentencing exp…
24-5868 William J. Webb, Jr. v. Delaware Delaware 2024-10-30 Denied Response WaivedIFP appellate-review criminal-procedure faretta-hearing pro-se-representation right-to-counsel sixth-amendment Was petitioner's Sixth Amendment right to counsel violated when the trial court ordered petitioner to proceed pro se without conducting a proper Faret…
24-5815 Joseph S. Addison v. Tim Shoop, Warden Sixth Circuit 2024-10-24 Denied Response WaivedIFP constitutional-rights criminal-procedure right-to-counsel self-representation sixth-amendment trial-court-discretion 1. What bright line indicates whether a defendant has clearly and unequivocally invoked their right to conduct their own defense? 2. Can a trial-cour…
24-436 Robert James Rainey v. Colorado Colorado 2024-10-18 Denied Response Waived appointed-counsel constitutional-rights criminal-procedure indigent-defendant right-to-counsel sixth-amendment Whether, once counsel has been appointed for an indigent defendant, the Sixth Amendment guarantees the defendant the same right to continued represent…
24-5717 David Devaney, Jr. v. United States Fifth Circuit 2024-10-07 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination Whether the statement of "I have to get a lawyer, I have to shut the interview down" constitutes an unambiguous request for counsel, and can a defenda…
24-5692 Jamie Patrick Hahn v. Angela Reaves, Warden, et al. Georgia 2024-10-02 Denied Relisted (2)IFP constitutional-review criminal-procedure false-evidence habeas-corpus right-to-counsel sixth-amendment 1. Will zhrs Court review the validity of the indick ment which iS @ double Jd &¢pardy Violakion by the Tiled date of return? As well as the court's l…
24A321 Jawan Fortia v. United States Fifth Circuit 2024-10-02 Presumed Complete appointed-counsel criminal-justice-act federal-criminal-procedure indigent-defense right-to-counsel sixth-amendment Question not identified.
24-5677 Kelly Daniel Bass v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-10-01 Denied Response WaivedIFP constitutional-rights courtroom-closure criminal-procedure ineffective-assistance right-to-counsel speedy-trial 1. Whether criminal defendants are required to prove prejudice for an ineffective assistance of counsel claim where counsel is absent and the defenda…
24-5601 In Re David Wayne Nelson 2024-09-20 Denied IFP appeal-waiver constitutional-rights court-appointed-counsel indigent-defendant procedural-due-process right-to-counsel In the Court's Holding that prejudice is presumed regardless of an appeal waiver in a state criminal case, Garza v. Idaho, 586 U.S. 232 (2019) also me…
24-295 Donald Herrington v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-09-16 Denied Response Waived circuit-split criminal-procedure fifth-amendment right-to-counsel sixth-amendment waiver-of-counsel 1. Whether the Fourth Circuit erred by holding, in conflict with other circuits and a plurality opinion of this Court, that a criminal defendant can v…
24-5485 Onofre Serrano v. California California 2024-09-09 Denied Response WaivedIFP critical-stage due-process harmless-error ineffective-assistance right-to-counsel waiver-of-counsel 1. Whether reasonable jurist could debate the state court of appeals conclusion that Petitioner's waiver of the right to counsel was voluntary, knowin…
24A228 Elliot Morales v. New York New York 2024-09-03 Presumed Complete criminal-procedure pro-se-representation right-to-counsel sentencing-exposure sixth-amendment waiver Whether a criminal trial court violates Iowa v. Tovar, 541 U.S. 77 (2004), in failing to advise a defendant, before he waives his right to trial couns…
24-5355 Darius Leigh Gilkey v. Sherman Campbell, Warden Sixth Circuit 2024-08-21 Denied Response WaivedIFP attorney-client-communication due-process ineffective-assistance prejudicial-error right-to-counsel sixth-amendment I. Should this Court grant Certiorari to determin e whether evidence supports homicide or sexual assault? II. Should this Court grant Certiorari to d…
24-5310 Paul Wagner v. United States Ninth Circuit 2024-08-13 Denied Response WaivedIFP conflict-of-interest criminal-investigation due-process right-to-counsel sixth-amendment trial-attorney Whether it gave rise to disqualifying conflict of interest, in violation of Petitioner's Sixth Amendment right to counsel, that his trial attorney kne…
24A160 George Hall v. United States Fourth Circuit 2024-08-09 Presumed Complete due-process legal-access legal-materials pre-trial-detention right-to-counsel sixth-amendment Question not identified.
24A115 Justin Erskine v. Delaware Delaware 2024-07-31 Presumed Complete criminal-procedure habeas-corpus judicial-discretion mandamus post-conviction right-to-counsel Question not identified.
24-5145 Antonio Tyree Gaskin v. Kentucky Kentucky 2024-07-25 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process eyewitness-identification law-enforcement legal-representation lineup procedural-safeguards right-to-counsel suspect-rights Whether the 14th Amendment of the U.S. Constitution have guaranteed protection that safeguard law in enforcement showing in single paragraph a suspect…
23-1370 David Dunlap v. JetBlue Airways Corporation, et al. New York 2024-07-02 Denied 14th-amendment 5th-amendment administrative-law civil-procedure due-process equal-protection procedural-requirements right-to-counsel workers-compensation 1. Is due process of law guaranteed by the 5th and 14th Amendments to the Constitution of the United States violated by the Board's refusal to hear pe…
23-7821 Noe Rodriguez-Adorno v. United States First Circuit 2024-06-27 Denied Response WaivedIFP communications constitutional-rights criminal-procedure defense-counsel district-court impasse right-to-counsel sixth-amendment supervised-release 1. Should certiorari be granted where defense counsel informed the District Court he and Petitioner were at an impasse, and all communications between…
23A1145 Percy L. Jacobs v. United States Fourth Circuit 2024-06-24 Denied competency-to-proceed criminal-procedure faretta-hearing right-to-counsel sixth-amendment waiver-of-counsel Whether, for a waiver of the Sixth Amendment right to trial counsel to be effective, a defendant must understand the elements of the charged offenses …
23-7725 Jimmie Lee Walton v. United States Fifth Circuit 2024-06-14 Denied Response WaivedIFP abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence Did Walton receive effective assistance of counsel? Did the Court of Appeals abuse its discretion in affirming the District Courts denial of the moti…
23-7709 Percy Leroy Jacobs v. United States Fourth Circuit 2024-06-13 Denied Response WaivedIFP bradshaw-v-stumpf criminal-penalties due-process right-to-counsel sixth-amendment speedy-trial speedy-trial-act trial-counsel von-moltke-v-gillies waiver I. Whether, for a waiver of the Sixth Amendment right to trial counsel to be effective, a defendant must understand the elements of the charged offens…
23-7717 Ledra A. Craig v. United States Eighth Circuit 2024-06-13 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-rights criminal-conviction criminal-procedure criminal-procedure-rights cross-examination due-process right-to-counsel right-to-cross-examine 1. Can a Defendawts Conwetion be Sustained and impermissiby Prediedted on a defendants Uncorroborated statements ta Laterragition oF Ficers. * oes th…
23-7694 Juan Antonio Hernandez Alvarado, aka Tony Hernandez v. United States, et al. Second Circuit 2024-06-12 Denied Response WaivedIFP attorney-client-privilege attorney-communication due-process impartial-jury jury-impartiality law-enforcement-interaction no-contact-rule right-to-counsel waiver 1. Whether, as a matter of federal law, New York's "no-contact" rule, which prohibits an attorney in a case from communicating with a party he or she …
23-7661 Muhammad E. Milhouse v. New York City Department of Homeless Services, et al. Second Circuit 2024-06-07 Denied Response WaivedIFP attorney-representation civil-procedure civil-rights criminal-procedure critical-stage due-process representation right-to-counsel sixth-amendment standing victim-rights Question not identified.
23-7663 Sandra Denise Curl, aka Sandra Curl Jacobs, aka Sandra Curl-Jacobs El, aka Minister Sandra El v. United States Fourth Circuit 2024-06-07 Denied Response WaivedIFP criminal-procedure due-process mental-health right-to-counsel sixth-amendment von-moltke-v-gillies waiver waiver-of-counsel I. Whether, for a waiver of the Sixth Amendment right to trial counsel to be effective, a defendant must understand the elements of the charged offens…
23-1278 Tsai-Fen Lee v. Washington Washington 2024-06-06 Denied Response Waived appellate-review constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance personal-restraint plea-bargaining right-to-counsel voluntariness-of-plea 1. Whether Trial Court erred in accepting defendant Tsai-Fen Lee to plead guilty when the plea was on its face equivocal. 2. Can Lee's guilty plea be…
23-7647 Michael Fred Houston v. Texas Texas 2024-06-05 Denied Response WaivedIFP collateral-review constitutional-right-to-counsel due-process habeas-corpus ineffective-assistance-of-counsel initial-review-proceeding post-conviction-relief post-conviction-review procedural-default right-to-counsel successive-petitions 1. Is a defendant constitutionally entitled to the appoint ment of counsel in initial-review collateral proceedings? 2. Can a State assert a procedu…
23-7629 Robert Randall Ziegler v. Oklahoma Oklahoma 2024-06-04 Denied IFP constitutional-rights conviction-relief criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review post-conviction-relief right-to-counsel state-court-appeal Question not identified.
23-7610 David K. Horsley v. Ohio Ohio 2024-05-31 Denied Relisted (2)IFP 6th-amendment anders-review appellate-procedure constitutional-violation due-process procedural-safeguards right-to-counsel sixth-amendment stare-decisis time-limit Does Ohio's App. R. 26 (B)(1) violate the 6th Amendment of the United States Constitution by applying a time limit to when an applicant can file to re…
23-7567 Michael David Carruth v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2024-05-28 Denied IFP alabama appellate-counsel constitutional-right criminal-procedure death-penalty exhaustion ineffective-assistance procedural-bar right-to-counsel state-procedure writ-of-certiorari When a state by statute or rule imposes a duty upon appellate counsel for the defendant-appellant in a criminal case to file a petition for a writ of …
23-1241 Jeffrey Fay Pike v. United States Fifth Circuit 2024-05-24 Denied Response Waived conflict-of-interest counsel-of-choice disqualification due-process ex-parte ex-parte-proceeding fifth-amendment prosecution-witness right-to-counsel sixth-amendment I. Does it deny a defendant due process of law to disqualify trial counsel based on a purported conflict of interest following the ex parte considerat…
23-7555 Rickey Lynch v. United States Second Circuit 2024-05-23 Denied Response WaivedIFP abuse-of-discretion appearance-of-impropriety civil-procedure due-process federal-defender judicial-ethics judicial-recusal procedural-review right-to-counsel standard-of-review Should a court of appeals review a judge's denial of a motion to recuse de novo or for an abuse of discretion? Did Judge Brown himself created the ap…
23-7485 William Glenn Chunn v. United States Fifth Circuit 2024-05-15 Denied Response WaivedIFP assistance-of-counsel constitutional-violations continuance continuance-denial discovery discovery-review due-process fair-trial right-to-counsel trial-court-discretion I. Whether a defendant's right to assistance of counsel and due process are upheld when he has no right to review discovery or confer with his attorne…
23-7448 Gabriel Paul Hall v. Texas Texas 2024-05-10 Denied IFP capital-murder due-process fair-trial false-testimony fourteenth-amendment habeas-corpus ineffective-assistance right-to-counsel 1. When a state habeas applicant makes a prima facie case that the state knowingly presented false and material testimony in the punishment phase of h…
23-7436 Eagles Denashu Begay v. United States Ninth Circuit 2024-05-09 Denied IFP 28-usc-2255 appeal criminal-procedure direct-appeal due-process evidentiary-hearing habeas-corpus indigent-defendant ineffective-assistance pro-se-claim right-to-counsel If an indigent, incarcerated federal defendant, for the first time on direct appeal, raises a colorable claim of ineffective assistance by his distric…
23-7425 Orlando Bell v. United States District of Columbia 2024-05-08 Denied Response WaivedIFP compulsory-process conflict-of-interest criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment 1) Was counsel ineffective in not using compulsory process for obtaining witnesses, identified by the United States Park Police and the AUSA in the mo…
23-7409 Fernando Ramirez v. New York New York 2024-05-07 Denied Response WaivedIFP constitutional-right criminal-procedure demeanor-observation due-process fair-trial impartiality jury-selection right-to-counsel sixth-amendment voir-dire Whether the Constitution requires that a defendant have a simultaneous, unobstructed view of a prospective juror's facial expression to observe their …
23-1160 Derrick Williams v. Mississippi Mississippi 2024-04-25 Denied Response Waived constitutional-rights due-process equal-protection federal-rules-of-evidence first-amendment fourteenth-amendment petition-clause right-to-counsel 1. WHETHER THE FUNDAMENTAL RIGHT TO PETITION THE STATE COURTS PURSUANT TO THE 1ST AND 14THAMENDMENTS OF OUR UNITED STATES CONSTITUTION UPON THE ISSUE …
23-7296 George E. Lacey v. Illinois Illinois 2024-04-23 Denied Response WaivedIFP criminal-procedure due-process fair-trial ineffective-assistance joinder right-to-counsel status-charges 1. Whether, and to what extent, the joinder of status charges with non-status charges in a single trial denies criminal defendants the right to a fair…
23-7185 Lawrence Northern v. Lizzie Tegels, Warden Wisconsin 2024-04-10 Denied Response WaivedIFP appellate-procedure counsel-of-choice direct-appeal due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment state-v-machner strickland-standard strickland-v-washington 1. Is State v. Machner Unconstitutional? Subsumed within this question is a subsidiary question: Have Alabama, Texas, Wisconsin and the Eleventh Circu…
23-1096 William Allen Davis v. Colorado Colorado 2024-04-09 Denied Amici (1)Response RequestedResponse WaivedRelisted (3) affluent-defendants appointed-counsel constitutional-rights continuity-of-representation criminal-procedure indigent-defendant indigent-defendants lower-court-split right-to-counsel sixth-amendment Whether, once counsel has been appointed for an indigent defendant, the Sixth Amendment guarantees the defendant the same right to continued represent…
23-7150 Elana Gordon v. Massachusetts Massachusetts 2024-04-05 GVR Response RequestedResponse WaivedRelisted (4)IFP confrontation-clause criminal-procedure criminal-trial expert-testimony expert-witness forensic-evidence forensic-testimony right-to-counsel sixth-amendment trial-counsel 1. Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute forensic e…
23-1055 Jeremy Alan Douglass v. Arizona Arizona 2024-03-26 Denied Response Waived criminal-procedure ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief right-to-counsel sixth-amendment substance-abuse Whether evidence of a defense attorney's impairment due to substance abuse discovered after the first petition for post-conviction relief was decided …
23-7068 Jabari J. Johnson v. Jill Brady, et al. Tenth Circuit 2024-03-25 Denied IFP civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-review legal-counsel post-conviction right-to-counsel standing Question not identified.
23-7044 Melanie A. Ogle v. Hocking County Common Pleas Court, et al. Ohio 2024-03-22 Denied Response WaivedIFP constitutional-authority criminal-procedure criminal-sentencing due-process personal-jurisdiction right-to-counsel sixth-amendment subject-matter-jurisdiction void-conviction QUESTION 1. In absence of counsel and a waiver of right to counsel during a sentencing hearing, does a state trial court possess "constitutional autho…
23-7047 Renaire Roshique Lewis, Jr. v. United States Fourth Circuit 2024-03-21 Denied Response WaivedIFP coconspirator-hearsay counsel criminal-procedure due-process evidence federal-rules-of-evidence fifth-amendment miranda-warnings right-to-counsel L. Whether the presence of counsel obviates the need for Miranda warnings; and I. Whether Bourjaily v. United States permits the affirmance of the ad…
23-7025 Stevie Wyre v. Texas Texas 2024-03-19 Denied IFP appellate-review confrontation-clause constitutional-violation due-process habeas-corpus ineffective-assistance-of-counsel judicial-procedure record-examination right-to-counsel standard-of-review state-court >), \be p>wjo4a\ c^uesViOk , u^oeVoe^ %xe 3tote>' defied &ppe\\ftd VixS ~T)ue ^V\2.oc£SS > Vv5bao iV p^£Sso\ed ^s\g ao, rftxsYeftdi'o^ 4e^Vi*Y)0O{j …
23-7009 Warren Simpson v. Alan Simpson Arizona 2024-03-18 Denied Response WaivedIFP constitutional-rights due-process equal-protection legal-counsel liberty pro-se-representation right-to-counsel self-representation trustee 1) Should every US citizen, on the defensive side of any adverse legal issue, be provided council if they wish such and cannot afford or find; and com…
23-6999 Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-15 Denied IFP constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy L)W\ 3U\lV and punishment 'is 4he. sale, 'issue. Qor bhe. juri^'is i4 ever (ptrrms&ible 'vor cooesei bo motae. -Vine urn lateral decision 4o can eer…
23-6955 Donald Kissner v. Michigan Michigan 2024-03-11 Denied IFP appellate-counsel appellate-procedure civil-rights communication-breakdown constitutional-rights criminal-procedure due-process habeas-corpus judicial-review right-to-counsel right-to-present-defense WAS MR. KISSNERS STATE AND FEDERAL COMSTZTUTIONAL BLGHTS 70 EFF ECTLVE Con STANCE OF APPOINTED APPELLATE yy El. WHERE THE WAS A BREAKDOWN COMMUNEICATL…
23-6932 Tremond Thomas v. Tim Hooper, Warden Fifth Circuit 2024-03-08 Denied IFP coerced-waiver confession-suppression due-process-rights ineffective-assistance ineffective-assistance-of-counsel interrogation involuntary-confession juvenile-interrogation juvenile-rights police-questioning right-to-counsel right-to-cut-off-questioning During an interrogation, Thomas, fifteen-years-old at the time, began to make inculpatory statements. After hearing the statements, Thomas' mother tri…
23-6908 Shawn Christy v. United States Third Circuit 2024-03-06 Denied Response WaivedIFP court-procedure criminal-procedure due-process ineffective-assistance judgment-of-acquittal judicial-discretion judicial-error pro-se right-to-counsel self-representation sentencing-review 1. Did the district court error in not permitting Mr. Christy to represent himself? Suggested Answer: Yes. 2. Did the district court error in not gra…
23-979 Gerald D. Fields v. Jay Forshey, Warden Sixth Circuit 2024-03-06 Denied Response Waived faretta-colloquy fundamental-fairness habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sentencing-procedure structural-error 1. When a state trial court fails to conduct a Faretta colloquy before sentencing a defendant without counsel—a fundamentally unfair structural error …
23-6863 Rena Bilbro v. Education Professional Standards Board Kentucky 2024-02-29 Denied Relisted (2)IFP administrative-agency administrative-hearing civil-rights due-process plea-agreement professional-conduct professional-standards right-to-counsel teacher-license-revocation teaching-license 1. Whether a tenured teacher is entitled to appointed counsel, if she cannot afford counsel, to challenge the revocation of her teaching license. 2. …
23-6865 Justus Onyiego v. Tennessee Tennessee 2024-02-29 Denied IFP constitutional-rights criminal-procedure due-process evidence ineffective-assistance post-conviction right-to-counsel right-to-testify trial-counsel I. WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO REQUEST LESSER INCLUDED OFFENSE INSTRUCTIONS FOR THE OFFENSE OF AGGRAVATED RAPE CAUSING BODILY INJURY?…
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…
23-6776 Robert Shawn Ingram v. Warden, Holman Correctional Facility Eleventh Circuit 2024-02-16 Denied IFP criminal-procedure death-penalty due-process ineffective-assistance-of-counsel plea-bargaining right-to-counsel Is an attorney constitutionally ineffective when he does not realistically convey to his client the consequences of failing to honor his plea agreemen…
23-6758 Frank Bernard Johnson v. Virginia Virginia 2024-02-15 Denied IFP constitutional-rights criminal-procedure due-process fair-trial judicial-procedure mental-health mental-health-competency pro-se pro-se-representation right-to-counsel In any trial in which a guilty verdict can result in a criminal conviction; is it lawful to have compulsory pro sc representation by the defendant? I…
23-6740 George Willie Rios v. Arizona Arizona 2024-02-14 Denied Response WaivedIFP 5th-amendment civil-rights counsel-presence criminal-procedure custodial-interrogation due-process fifth-amendment miranda-v-arizona miranda-warning right-to-counsel When police sought a custodial interrogation with George Rios, prior to questioning, an officer read the following warning: You have the right to rem…
23-6706 Ohio, ex rel. Lonnie Rarden v. Court of Common Pleas of Ohio, Butler County, et al. Ohio 2024-02-08 Denied Response WaivedIFP criminal-procedure faretta-v-california fundamental-error johnson-v-zerbst law-of-the-case res-judicata right-to-counsel sixth-amendment trial-court-jurisdiction waiver-of-counsel Does this Court no longer recognize this Court's long standing precedent in Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938), that…
23-6696 Anthony Daniels v. Mark Miller, Superintendent, Green Haven Correctional Facility Second Circuit 2024-02-07 Denied Response WaivedIFP due-process due-process-violation ineffective-assistance right-to-counsel sixth-amendment suggestive-identification Whether the District Court errored for denial of Petitioner's claim that the State Identification was suggestive, improper and the State Court conclus…
23-6677 Michael Isidoro Sanchez v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2024-02-06 Denied Response WaivedRelisted (2)IFP anders-review appeals appellate-procedure civil-rights colorable-claims due-process indigent-defense of-right-appeal post-conviction-review right-to-counsel smith-v-robbins This case raises an issue of nationwide importance concerning the vital role that courts Bnders review per the "two interrelated tasks" in achieving t…
23-6551 Steven McGauley v. Illinois Illinois 2024-01-24 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure criminal-proceedings critical-stage due-process effective-assistance ineffective-assistance-of-counsel jury-bias right-to-counsel sixth-amendment standing Whether the trial court erred where the trial court denied McGauley's defense motion without weighing the potential for prejudice by other testimony o…
23-6532 Zerak Brown v. United States Eighth Circuit 2024-01-23 Denied Response WaivedIFP 6th-amendment assistance-of-counsel certiorari criminal-procedure criminal-prosecution due-process jurisdiction right-to-counsel sixth-amendment Did the Framers intend that, in a criminal prosecution, a defendant is entitled assistance of counsel, under the 6th Amendment, for "all criminal pros…
23-6549 Delon Scott v. United States Fifth Circuit 2024-01-23 Denied Response WaivedIFP appellate-procedure constitutional-rights due-process equal-protection fourteenth-amendment motion-to-withdraw penson-v-ohio right-to-counsel standing WHETHER THE PETJTOINERS FOURTEENTH AMENDMENT RIGHTS WERE VIOLATED, WHEN THE UNITED STATES COURT OF APPEALS GRANTED COUNSEL'S MOTION FOR LEAVE TO WIT…
23-6491 Peyton John Wesley Hopson v. Deborah S. Hunt Sixth Circuit 2024-01-18 Denied IFP certificate-of-good-cause certificate-of-good-faith circuit-court counsel-appointment district-court due-process jurisdiction right-to-counsel sixth-amendment sixth-circuit Did the Sixth Circuit lose jurisdiction to proceed to review where the Sixth Circuit failed to comply with the Sixth Amendment requirement to appoint …
23A659 Raymond Woodley v. North Carolina North Carolina 2024-01-18 Presumed Complete conflict-of-counsel ineffective-assistance right-to-counsel sixth-amendment standard-of-review strickland-standard Question not identified.
23-6496 Irvin Harris Johnson v. United States District of Columbia 2024-01-17 Denied IFP attorney-client-privilege criminal-procedure evidence-seizure prejudice pretrial-detention right-to-counsel sixth-amendment trial-evidence work-product-doctrine work-product-privilege While Petitioner Irvin Johnson was in jail awaiting trial for murder, he reviewed the police affidavit from his arrest, taking notes on questions and …
23-6468 Omar A. Rahman v. Pennsylvania Pennsylvania 2024-01-11 Denied Response WaivedIFP constitutional-provisions criminal-procedure due-process evidence pennsylvania-superior-court right-to-counsel right-to-defense search-and-seizure suppression-of-evidence unlawful-arrest witness-testimony Whether the Pennsylvania Superior Court's decision, affirming the denial of Petitioner's suppression of physical evidence claim, conflicts with the de…
23A619 Steven Antonius, aka Sealed Defendant 1, Shervington Lovell, aka Sealed Defendant 1, Argemiro Zapata-Castro, aka Sealed Defendant 1 v. United States Second Circuit 2024-01-03 Presumed Complete criminal-procedure ineffective-assistance notice-of-appeal procedural-default right-to-counsel sixth-amendment Question not identified.
23-6381 Roy Jackson v. Louisiana Louisiana 2023-12-28 Denied IFP antiterrorism-and-effective-death-penalty-act civil-rights constitutional-violation due-process exculpatory-evidence extraordinary-circumstances guilty-plea habeas-corpus ineffective-assistance right-to-counsel standing (1). IS GUILTY PLEA CONSTITUTIONALLY INFIRM BASED ON INADEQUATE AND DEFECTIVE BOYKIN COLLOQUY RECORD (2). IS GUILTY PLEA CONSTITUTIONALLY INFIRM INTE…
23-6363 Matthew Reid Hinson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-12-27 Denied Response WaivedIFP competent-counsel due-process equal-protection fair-trial fourteenth-amendment ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment DOES AN ATTORNEY ADVISING HIS CLIENT TO ENTER A GUILTY PLEA WITHOUT FIRST INVESTIGATING THE CASE AND/OR INTERVIEWING WITNESSES THEN DISCUSSING VIABLE …
23-6365 Rodney Adam Hurdsman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-12-27 Denied IFP critical-stage incarceration plea-bargain presumption-of-prejudice pretrial-period right-to-counsel sixth-amendment speedy-trial I. Whether the pretrial period between the time the Sixth Amendment right to counsel attaches to the start of trial is a critical stage of the proceed…
23A590 Stephen Christopher Plunkett v. United States Fifth Circuit 2023-12-27 Presumed Complete ineffective-assistance plea-agreement prosecutorial-misconduct right-to-counsel sentencing-enhancement sixth-amendment Question not identified.
23-6283 Stacy Anthony Mitchell v. Arkansas Arkansas 2023-12-18 Denied Response WaivedIFP choice-of-counsel constitutional-rights criminal-procedure due-process indigent-defendant right-to-counsel sixth-amendment trial-court-discretion Does a trial court's denial of an indigent criminal defendant's choice of privately retained counsel, who is ready, willing, and able to proceed to tr…
23A558 Gerald D. Fields v. Jay Forshey, Warden Sixth Circuit 2023-12-18 Presumed Complete habeas-corpus ineffective-assistance pro-se-representation right-to-counsel sixth-amendment structural-error Whether Faretta v. California, 422 U.S. 806, 95 S. Ct. 2525, 45 L.Ed.2d 562 (1975), imposes a duty on trial courts to make defendants aware of "the da…
23-6267 Jose Gonzalez, III v. Texas Texas 2023-12-15 Denied IFP constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent right-to-counsel right-to-remain-silent sixth-amendment trial-procedure 1). Is McCoy v Louisiana a logical extension of Florida V Nixon at all when concession of Petitioner's guilt was never discussed prior to trial? 2). …
23-6187 Jamar Green v. United States Fourth Circuit 2023-12-07 Rehearing Response RequestedResponse WaivedRelisted (3)IFP appellate-review constitutional-validity criminal-procedure due-process federal-criminal-procedure guilty-plea plea-bargaining pro-se-representation right-to-counsel sentencing waiver-of-counsel waiver-of-rights 1. Whether an uncounseled felony guilty plea is Constitutionally valid when the defendant was not properly warned by the trial court of the perils of …
23-6192 David Lewis Holland v. Texas Texas 2023-12-07 Denied IFP appellate-procedure appellate-review case-law constitutional-law constitutional-provision criminal-procedure defendant-rights due-process right-to-counsel speedy-trial trial-preparation QUESTION 1: Whether the new Speedy Trial requirement created by the Texas 7th Court of Appeals in the instant case is in conflict with current case l…
23-6174 Jessie Dotson v. Tennessee Tennessee 2023-12-06 Denied IFP ake-v-oklahoma collateral-proceedings constitutional-claims due-process expert-assistance ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan right-to-counsel state-prisoners 1. Does a prisoner have a right to effective counsel in collateral proceedings that provide the first occasion to raise a claim of ineffective assista…
23-6162 James Williams v. United States Third Circuit 2023-12-05 Denied Response WaivedIFP 6th-amendment court-appointed-counsel criminal-procedure irreconcilable-differences judicial-discretion mckaskle-v-wiggins pro-se pro-se-representation right-to-counsel sixth-amendment waiver Question 1: In light of this courts decision in McKaskle v. Wiggins. 465 U.S 168, 104 S.Ct. 944; 79 L.Ed 2d 122(1984), as interpreted by the Third Cir…
23A492 George Willie Rios v. Arizona Arizona 2023-11-30 Presumed Complete constitutional-rights criminal-procedure interrogation miranda-warning right-to-counsel suppression-of-evidence Question not identified.
23-6128 Julia Ann Poff v. United States Fifth Circuit 2023-11-29 Denied Response WaivedIFP civil-procedure constitutional-rights criminal-procedure due-process evidence expert-testimony fair-trial indigent-defense plea-bargaining right-to-counsel I. Should a defendant's guilt or innocence be determined by their finances? II. Before making a noninvoluntary and informed plea, should a defendant …
23-6113 Michael Eugene Lewis v. Texas Texas 2023-11-28 Denied IFP appeals appellate-procedure constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance-of-counsel motion-for-new-trial right-to-counsel texas-criminal-law Whether the Petitioner was afforded effective assistance of counsel at trial and on appeal, and whether the scheme in Texas on a Motion for New Trial …
23A464 Ryan Thornton v. Wisconsin Wisconsin 2023-11-22 Denied appellate-rights attorney-malpractice constitutional-due-process ineffective-assistance pro-se right-to-counsel Question not identified.
23-6022 Kevin Liu v. Marcus Pollard, Warden Ninth Circuit 2023-11-15 Denied Response WaivedIFP choice-of-counsel constitutional-claim federal-constitutional-claim habeas-corpus ineffective-assistance-of-counsel procedural-default right-to-counsel state-law state-procedural-bar Kevin Liu appeals from the Ninth Circuit Court of Appeals decision affirming the dismissal of his extra record federal constitutional claim on habeas …
23A411 Irvin Harris Johnson v. United States District of Columbia 2023-11-08 Presumed Complete attorney-client-privilege confidential-communication criminal-procedure right-to-counsel sixth-amendment work-product-doctrine Question not identified.
23-5928 Michael David Beiter, Jr. v. United States Eleventh Circuit 2023-11-01 Denied Response WaivedRelisted (2)IFP civil-rights court-appointed-counsel criminal-procedure defendant-rights due-process initial-appearance judicial-procedure legal-representation magistrate-judge right-to-counsel 1. Can a magistrate judge at an initial appearance force counsel upon a defendant who has never waived his rights and never participated in the right …
23-5916 Steven Richard Taylor v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-10-31 Denied IFP criminal-procedure dna-evidence due-process expert-testimony frye-standard frye-test ineffective-assistance ineffective-assistance-of-counsel interrogation right-to-counsel 1. Was Petitioner prejudiced by trial counsel's failure to move for adversarial testing of the State's novel DNA testing and statistics under Frye v. …
23-5833 Sean William Roulo v. Minnesota Minnesota 2023-10-18 Denied Response WaivedRelisted (2)IFP 6th-amendment double-jeopardy due-process equal-protection fair-notice fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment 1. Was the prosecutor's deliberate refusal to communicate with petitioner after filing formal charges, including withholding the court's summons and t…
23-5769 Brandon M. Jefferson v. Aaron D. Ford, Attorney General of Nevada, et al. Ninth Circuit 2023-10-12 Denied Response WaivedRelisted (2)IFP constitutional-law constitutional-rights counsel-right criminal-procedure due-process effective-assistance nevada-law right-to-counsel sixth-amendment state-law I. Dio Tfte penTiotoep. 1-fAve rite SixtH I'VMewoMe^r Rjwt uwoeft THe a-s. 6OK»St<TUT(0M To t&6 REPRCSeNTeD By t-ZOfrL couNSfL Dm.R|W6| ALL 6^ H(S CRI…
23-5753 Ben J. Latham v. Alaska Alaska 2023-10-11 Denied Response WaivedRelisted (2)IFP civil-rights due-process ex-post-facto fourteenth-amendment punishment punitive-law retroactivity right-to-counsel sentencing sixth-amendment 1. Is AS 12 72 020CK BMA) Punitive EV Pest forp, 2. IS AS 12 72 626(W@ Punitive E¥ Post Lavy Prok- bi ted Stylo te 2. Wes Lottan dened of the Swovin…
23-5702 Ian A. Milaski v. Florida Florida 2023-10-03 Denied Relisted (2)IFP arbitrary-and-unreasonable continuance counsel-of-choice criminal-procedure due-process right-to-counsel sixth-amendment trial-court Whether the trial court's arbitrary and unreasonable denial of a continuance (i.e., "I have full confidence in [current defense counsel's] ability to …
23-323 Joseph Gamboa v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-09-28 Denied Amici (3)Relisted (10) abandonment aedpa gonzalez-v-crosby habeas-corpus indigent-representation ineffective-assistance-of-counsel right-to-counsel rule-60(b) second-or-successive-petition Whether a Rule 60(b) motion claiming that habeas counsel's abandonment prevented the consideration of a petitioner's claims should always be recharact…
23-318 Nicolas A. Salomon v. Kroenke Sports & Entertainment, LLC, et al. California 2023-09-27 Denied Response Waived arbitration arbitration-proceedings california-law due-process federal-arbitration-act fourteenth-amendment preemption right-to-counsel Does the Federal Arbitration Act preempt California law on the right to counsel in an arbitration proceeding? Does the Due Process Clause of the Four…
23-5656 Stephen M. Cooke, Jr. v. Allen Gang, Warden, et al. Fourth Circuit 2023-09-27 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence fourteenth-amendment involuntary-statements post-indictment-statements right-to-counsel sixth-amendment undercover-agent 1. Was Cooke's Sixth Amendment right to counsel violated when the state introduced at trial Cooke's post-indictment statements and actions that were i…
23-5573 Lashun Tracy Tinnen v. United States Fourth Circuit 2023-09-13 Denied Response WaivedIFP constitutional-rights criminal-procedure defense-counsel habeas-corpus ineffective-assistance legal-precedent performance-evaluation right-to-counsel sixth-amendment strickland-standard strickland-test In light of the facts of this case, was the defense counsel ineffective in light of this court's precedent in Strickland v. Washington, 466 U.S. 668 (…
23-5541 Mark A. Hartle v. New York New York 2023-09-07 Denied Response WaivedIFP conflict-of-interest criminal-defense due-process ineffective-assistance-of-counsel judicial-inquiry professional-ethics professional-responsibility prosecutorial-misconduct right-to-counsel trial-strategy Is a criminal defendant denied their right to effective assistance of counsel when there are indications, of which the defendant was unaware, that tri…
23-5516 Angela Jane Johnson, et al. v. Victoria Fire and Casualty Company Sixth Circuit 2023-09-05 Rehearing Relisted (2)IFP criminal-procedure due-process judicial-process legal-review petition public-trial right-to-counsel sentencing sixth-amendment supreme-court writ-of-certiorari Question not identified.
23-5393 Shaun N. Taylor v. Illinois Illinois 2023-08-18 Denied Response WaivedIFP ake-v-oklahoma criminal-procedure due-process expert-appointment expert-witness fourteenth-amendment indigent-defendant insanity-expert mental-competency mental-health right-to-counsel I. Do this Court's decisions in Ake v. Oklahoma and McWilliams v. Dunn require the appointment of a second insanity expert for an indigent defendant w…
23A152 Michael Lajeunesse v. Kris Karberg, Warden Eighth Circuit 2023-08-18 Denied fourteenth-amendment physician-patient-privilege prosecutorial-misconduct right-to-counsel sixth-amendment waiver-of-privilege Question not identified.
23-5379 Everett Charles Wills, II v. Louisiana Louisiana 2023-08-17 Denied Response WaivedIFP actus-reus counsel-concession criminal-defendant-rights criminal-procedure ineffective-assistance-of-counsel mens-rea retroactivity right-to-counsel sixth-amendment trial-strategy When guilt is the sole issue for the jury to decide, is it permissible for counsel to unilaterally concede the essential elements (actus reus and mens…
23-5359 James Thomas Burke v. Nick Deml, Commissioner, Vermont Department of Corrections, et al. Second Circuit 2023-08-15 Denied Response WaivedIFP conflict-of-interest constitutional-rights criminal-procedure defense-counsel due-process effective-assistance effective-assistance-of-counsel right-to-counsel sixth-amendment #1. Whether Americans are lawfully entitled to conflict free defense counsel? #2. Whether Americans are lawfully entitled to effective assistance of …
23-5324 Michael D. Beiter, Jr. v. United States Eleventh Circuit 2023-08-10 Denied Response WaivedRelisted (2)IFP 18-usc-3006a court-appointed-counsel criminal-procedure due-process forced-counsel right-to-counsel sixth-amendment statutory-interpretation waiver This case presents an important issue concerning what constitutes "the right to have the assistance of counsel" under the Sixth Amendment to the U.S. …
23-5307 Curt Daniel Crowder v. Texas Texas 2023-08-09 Denied IFP appellate-process appellate-review constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance remedy right-to-counsel right-to-present-witnesses trial-procedure trial-process When a citizen is deprived of the right to present witnesses in his defense, and effective assistance of counsel, in both the trial and appellate proc…
23-5321 Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2023-08-09 Denied Relisted (2)IFP appeals appellate-jurisdiction constitutional-review criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-procedure plea-bargaining procedural-barriers right-to-counsel state-courts uJhd-r) A Z)«f X/^CoiM PeJ-e^cV : x S 14^I sU.jl. IXll&jje-tl 4-c> QeJ- -#-kjL_ doiir-t do ^>iire- Courts e-i T LUllAk 0ot7s/-.'4u-l-*'.5 /3 )0 l/olc…
23-5285 Asmerom Gebreselassie v. Gigi Matteson, Warden Ninth Circuit 2023-08-04 Denied Response WaivedIFP certificate-of-appealability conflict-of-interest court-of-appeals docket-entry ninth-circuit procedural-history retained-counsel right-to-counsel sixth-amendment unreasonable-determination-of-fact 1. Did The Ninth Circuit Court Of Appeals Err In Failing To Grant A Certificate Of Appealability When It Denied Petitioner 's Motion For Certificate…
23-5271 Eric Villarreal v. California California 2023-08-03 Denied IFP abuse-of-discretion court-of-appeals criminal-conviction criminal-procedure disability due-process ineffective-assistance-of-counsel judicial-standard legal-review mental-health psychological-disorder right-to-counsel Question not identified.
23-5180 Dickens Etienne v. Michelle Edmark, Warden First Circuit 2023-07-24 Denied Response WaivedIFP criminal-investigation criminal-procedure exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness post-arrest-conduct post-conviction-review right-to-counsel strickland-standard strickland-v-washington Where there was evidence of a history of the defendant's mental health issues and mental health hospitalization and trial counsel failed to even initi…
23-5162 DeMario B. Griffin v. United States Eighth Circuit 2023-07-21 Denied Response WaivedIFP circuit-court criminal-procedure direct-appeal due-process fifth-amendment jurisdiction mandate-recall right-to-counsel sixth-amendment 1. Does Griffin have a right to counsel on his first direct appeal under the Fifth Amendment? 2. Does Griffin have a right to counsel on his first di…
23-5124 Quincetta Yvonne Cargill, aka Queen, aka Tonya, aka Angela Scott, aka Antela Scott, aka QuincetTucker, aka Quincetta Tucker v. United States Eleventh Circuit 2023-07-18 Denied Response WaivedIFP appeal appellate-counsel appellate-procedure civil-rights direct-appeal due-process eleventh-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings petition-for-rehearing right-to-counsel Where the defendant-appellant acted prose at trial prosecuting several viable issues for appeal, does the exclusion of the appellant's opinions, reque…
23-5115 Lonnie Eugene Lillard v. United States Ninth Circuit 2023-07-17 Denied IFP counsel-of-choice criminal-procedure due-process fund-seizure hearing-requirement luis-v-united-states right-to-counsel seizure-of-funds self-representation A. Whether a court may rule on a request for self-representation based solely on the existing record or whether it must hold a hearing and question th…
23-5007 Alexis Carberry Benson, on Behalf of Minor Child K.C., Jr., et al. v. Fort Mill Schools/York County District 4, et al. Fourth Circuit 2023-06-30 Denied Response WaivedIFP access-to-justice ada district-court-jurisdiction idea idea-law in-forma-pauperis individual-immunity pro-se right-to-counsel section-1983 Right to Counsel Preface: IDEA Procedural Safeguards 1415 states: "Any party * shall be accorded the right* to be accompanied and advised by counsel".…
22-7901 Samuel Howard v. Renee Baker, Warden Ninth Circuit 2023-06-29 Denied Response WaivedIFP conflict-of-interest criminal-defense criminal-procedure habeas-corpus ineffective-assistance judicial-inquiry legal-representation prejudice right-to-counsel sixth-amendment 1. Is the Sixth Amendment violated when a defendant is forced to accept representation by lawyers who se supervisor have a longstanding social and fam…
22-7889 Tyree Lawson v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2023-06-28 Denied IFP constitutional-rights due-process exculpatory-evidence fourth-amendment habeas-corpus ineffective-assistance-of-counsel post-conviction-relief right-to-counsel rule-60b stone-v-powell Question not identified.
22-7803 Aaron Joel Oliphant v. Montana Montana 2023-06-16 Denied Response WaivedIFP appeal criminal-procedure due-process expert-consultation ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel A jury convicted Oliphant of assaulting his infant son based solely on a medical diagnosis of abusive head trauma ("AHT"). His trial counsel failed to…
22-7797 Anurag Dass v. United States Fifth Circuit 2023-06-15 Denied Response WaivedIFP criminal-justice due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-bargaining right-to-counsel sixth-amendment Petitioner Anurag Dass prays that this Honorable body of Judges of the Supreme Court of these United States will acknowledge and consider her submissi…
22-7693 Jandin Munoz v. Arizona Arizona 2023-06-02 Denied IFP civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-counsel standing Question not identified.
22-7637 Michael D. Beiter, Jr. v. United States Eleventh Circuit 2023-05-25 Denied Response WaivedIFP circuit-court constitutional-rights district-court due-process forced-counsel jurisdiction pro-se-representation right-to-counsel sixth-amendment vagueness this case presents an important issue concerning what constitutes "the right to have the assistance of counsel" under the Sixth Amendment to the U.S. …
22-7559 Brenda Sensing and Dennis Sensing v. United States Fifth Circuit 2023-05-16 Denied Response WaivedIFP bearden-v-georgia due-process fifth-amendment restitution-collection right-to-counsel show-cause-hearing sixth-amendment There may be no other federal district court in the county that holds "show cause" hearings to collect restitution where the judge itself prosecutes t…
22-7515 Juan Andrade-Moreno v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-10 Denied IFP 6th-amendment civil-rights constitutional-rights criminal-procedure due-process habeas-corpus indigent-defense ineffective-assistance ineffective-assistance-of-counsel procedural-default right-to-counsel sixth-amendment Constitutionalits with theUnited State Constitutional of statute into question;? 2D Thete Conflicted into Puestion?ln Sovereisnty, Common LAw. Bill o…
22-7497 Carlos Cantizano v. United States Ninth Circuit 2023-05-09 Denied Response WaivedIFP constitutional-violation criminal-appeal due-process newly-discovered-evidence right-to-counsel rule-33 rule-33-motion rule-37 On federal criminal appellants first appeal as of right to counsel, may the Ninth Circuit Court of Appeals refuse to provide counsel to help reply to …
22-1065 John Paul Gosney, Jr. v. United States Eleventh Circuit 2023-05-02 Denied Response Waived asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process ex-parte-order forfeiture-statute grand-jury right-to-counsel traceability I Whether United States v. Monsanto, 491 U.S. 600 (1989), and/or Kaley v. United States, 571 U.S. 320 (2014), should be overruled or at least modified…
22-7433 Carlos Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-01 Denied IFP appellate-procedure certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel Whether the Fifth Circuit Court of Appeals granting a CoA on the basis that the Petitioner was not able to argue his case without appointed counsel.
22-7407 Derrick D. Hayes v. Illinois Illinois 2023-04-28 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance prejudice right-to-counsel trial-strategy 0. UJhdhsr 4te '5 "trial ojfern&Uj (tetiHlufrmlltj jfie^feo/n/e. C(s5 \sfanc& by jjufsutoj <3 IWeose-' Prwoca'fldn - Tt'wf tucvs p<*fe/rHi/ Un'kznqbf…
22-7391 Joshua G. Stegemann v. United States Second Circuit 2023-04-27 Denied Response WaivedIFP asset-forfeiture constitutional-rights counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment 1. If a lawyer advises her client to reject a favorable plea deal and instead proceed to trial in the face of overwhelming evidence of guilt resulting…
22-7369 Sydney Tyrone Mays v. Illinois Illinois 2023-04-25 Denied IFP civil-rights criminal-procedure due-process evidence ineffective-assistance prior-statement right-to-counsel sixth-amendment trial-integrity witness Does a witness stating that he does not remember 2his two thirds of nis prror staterrent without ever establishing Proper foundatien to specfic subjec…
22-7348 Joel Suarez v. Chris Brewer, Warden Eighth Circuit 2023-04-21 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining right-to-counsel sixth-amendment trial-counsel Ineffective Assistance Of Counsel Counsel failed to get a interpreter. Counsel was ineffective in the plea-bargain process. Counsel failed to object t…
22-7321 Schuyler Scarborough v. Oklahoma Oklahoma 2023-04-19 Denied IFP criminal-procedure due-process habeas-corpus retroactivity right-to-counsel state-criminal-procedure akMtr+k*' ifoh- of tthfitkA a Ade.i^c{>f>or^rh^ fft^ te ^ dwltd fh<o ostiehuu*. of Ceufi^l -for bus d&tlASt. ./. uiht-fbitr-0ie~^fah- e-f OkUah&Ma. t…
22-7195 Jerry Lynn McGavitt v. Texas Texas 2023-04-05 Denied Response WaivedIFP 14th-amendment 6th-amendment collateral-proceedings collateral-review constitutional-right due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel trial-counsel Whether a prisoner has a right to effective counsel in collateral proceedings which provide the first occasion to riase a claim of ineffective assista…
22-7214 Miguel Angel Bacilio v. Texas Texas 2023-04-05 Denied Relisted (2)IFP constitutional-error constitutional-rights criminal-procedure due-process fair-trial judicial-discretion jurisdiction right-to-counsel sixth-amendment (a) Whether the trial court was legally convened and constitu ted with the provisions of the constitution and statute to remain a "Court of Competen…
22-7136 Terry Froman v. Ohio Ohio 2023-03-29 Denied IFP 6th-amendment capital-punishment due-process impartial-jury ineffective-assistance-of-counsel juror-selection jury-impartiality racial-bias right-to-counsel trial-procedure Six members of Terry Froman's capital jury provided answers on their questionnaires that demonstrated that they harbored racial bias. None were meanin…
22-7148 Karteu Omar Jenkins v. United States Eleventh Circuit 2023-03-29 Denied Response WaivedRelisted (9)IFP acquitted-conduct criminal-procedure drug-weight-calculation due-process fifth-amendment ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment I. WHETHER THE DISTRICT COURT ERRED IN NOT APPOINTING NEW COUNSEL AFTER THE SECOND HEARING ON THIS MATTER? II. WHETHER THE DISTRICT COURT ERRED IN NO…
22-7125 Charles M. Torrence v. Hazel Peterson, Warden Tenth Circuit 2023-03-28 Denied Response WaivedIFP constitutional-rights critical-stage federal-law pro-se right-to-counsel sixth-amendment standby-counsel waiver-of-counsel The Constitution requires that "any waiver of the right to counsel be knowing, voluntary, and intelligent." The question here is whether the Tenth Ci…
22-7087 Michael James Hoffman v. United States District Court for the District of Arizona Ninth Circuit 2023-03-24 Denied Relisted (2)IFP criminal-procedure due-process evidence-manipulation fifth-amendment fourteenth-amendment grand-jury right-to-counsel sixth-amendment state-misconduct trial-misconduct 1. To secure its 2011 and 2012 false indictments, did the State violate Petitioner's Sixth Amendment Right to Counsel and Due Process when it circumve…
22-7054 Jamar L. Travillion v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2023-03-21 Denied IFP 28-usc-2254 certificate-of-appealability constitutional-rights due-process federal-review forfeiture habeas-corpus procedural-standard right-to-counsel waiver I. Could reasonable jurists disagree with the District Court's rejection of Petitioner's claim that the State Courts' determination that he forfeited…
22-889 Ryan Wollner v. Pearpop Inc. Delaware 2023-03-15 Denied access-to-courts civil-liberties civil-procedure civil-rights constitutional-rights due-process procedural-fairness property-rights right-to-counsel state-court-procedure 1. Under the U.S. Const. Amendment 14 § 1, can a state court fundamentally & substantially alter their well-established legal procedural processes on …
22-6990 Scott Ray Bishop v. United States Tenth Circuit 2023-03-13 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure due-process presumption-against-waiver right-to-counsel sixth-amendment waiver In Von Moltke v. Gillies, this Court laid out a series of advisements that a defendant must understand before a waiver of the Sixth Amendment right to…
22-7000 Nickless Whitson v. United States Sixth Circuit 2023-03-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ex-post-facto fair-trial prosecutorial-misconduct right-to-counsel sixth-amendment I- fj/l/l. UJHTrf^Aj Cd//r£/vX>5 '7'MA'T t/e /<l€C€i-v<~o 7A£Ff£errve. A5S7 s7AAC f o p CauAJsec Du/txbQ {~pzs 7^/to Afcode^cn&jci xA OJftecH Vep&z'…
22-6981 Thomas R. Alt v. United States Seventh Circuit 2023-03-10 Denied Response WaivedIFP circuit-court-conflict criminal-procedure custodial-interrogation due-process equivocal-invocation miranda-rights right-to-counsel seventh-circuit unequivocal-invocation WHETHER A SUSPECT'S QUESTION AS TO THE AVAILABILITY OF APPOINTED COUNSEL, IN IMMEDIATE RESP
22-6985 Lisa Bergman v. Jeremy Howard, Warden Sixth Circuit 2023-03-10 Denied Response WaivedIFP confrontation-clause constitutional-right criminal-defendant criminal-procedure due-process expert-testimony expert-witness prosecution-evidence right-to-counsel scientific-evidence scientific-expert Whether the Due Process Clause requires an impoverished criminal defendant to be appointed a scientific expert that is essential to confront scientifi…
22-6952 Brian Duane Brookins v. Georgia Georgia 2023-03-07 Denied IFP constitutional-rights criminal-procedure due-process impartial-jury jury-impartiality right-to-counsel sixth-amendment trial-fairness turner-v-louisiana witness-testimony In this Georgia death penalty case, the local Sheriff gave key testimony for the State, detailing his investigation of the crime and arrest of Petitio…
22-6942 Kwame Burrell v. Willis Chapman, Acting Warden Sixth Circuit 2023-03-06 Denied Response WaivedIFP 14th-amendment 6th-amendment appellate-counsel appellate-procedure constitutional-rights due-process guilty-plea judicial-discretion right-to-counsel state-constitution THE TRIAL COURT FAILED TO PROTECT PETITIONER'S FUNDAMENTAL DUE PROCESS RIGHT TO SUBSTITUTE APPELLATE COUNSEL SUBSEQUENT TO HIS GUILTY PLEA WHEN ORIGIN…
22-6900 Tony Deng v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-03-01 Denied Response WaivedIFP cell-phone-search coercion confession-voluntariness deception-tactics due-process habeas-corpus law-enforcement-interrogation reasonable-expectation-of-privacy right-to-counsel will-overborne-standard 1. Whether the "will overborne" standard or analysis, which requires the finding of Violence, or threats of Violence, dumbfounding a person's will, sh…
22-6778 Mi-in-gun Justin Charette, aka Justin Marshall Critt v. Minnesota Minnesota 2023-02-14 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure custodial-interrogation custodial-questioning fifth-amendment miranda-rights miranda-v-arizona right-to-counsel self-incrimination suspect-rights Whether the prophylactic rules announced in Miranda v. Arizona, 384 U.S. 436 (1966), which protect the Fifth Amendment right against self-incriminatio…
22-6761 Joshua David Lambert v. Washington Washington 2023-02-10 Denied IFP civil-procedure copyright-law criminal-procedure damages due-process jurisdiction legal-notice right-to-counsel sentencing statutory-interpretation waiver-of-counsel I. Ca Coun\el 'ho 5ofN£ cbyrjgj- r\c>i ciU dk&iryes, (\V\\ ~vk^ U/a\v/e«r- 5+\\^K 0L, W ~VL<l cle/fr\d«iK-fK 1-5 ASf appr/tej 0f~ oA^ CKai/Ti eS Q^c…
22-6673 Lenwood Mason v. Laurel Harry, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2023-02-01 Denied Response WaivedIFP appeals certificate-of-appealability counsel-replacement court-of-appeals district-court due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel statutory-interpretation I. WHETHER THE COURT OF APPEALS ERRED IN DENYING A CERTIFICATE OF APPEALABILITY AFTER THE DISTRICT COURT FAILED TO MAKE AN INQUIRY INTO A TITLE 18 U…
22-6624 Daniel Ray Loyd v. Neil McDowell, Warden Ninth Circuit 2023-01-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process felony-murder felony-murder-rule ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-counsel state-law-error Question not identified.
22-6612 Teri Bernard Johnson v. Randee Rewerts, Warden Sixth Circuit 2023-01-24 Denied Response WaivedIFP capital-murder civil-rights courtroom-access criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance mitigating-evidence public-trial right-to-counsel sentencing-phase Question not identified.
22-6608 Arthur Torlucci v. California California 2023-01-23 Denied IFP due-process imprisonment indigent-defendants misdemeanor right-to-counsel sixth-amendment IS THE DENIAL OF DUE PROCESS RIGHTS BY THE CALIFORNIA COURT OF APPEALS, IN DENYING AUTOMATIC REVIEW OF CONVICTION PURSUANT TO U.S. GRIFFIN V. ILLINOIS…
22-6565 Cristian Santa v. Massachusetts Massachusetts 2023-01-18 Denied Response WaivedIFP expert-opinion expert-testimony factual-investigation ineffective-assistance ineffective-assistance-of-counsel kolenovic-precedent massachusetts-jurisprudence right-to-counsel sixth-amendment trial-counsel 1. Has Massachusetts jurisprudence, particularly the expansion of Commonwealth v. Kolenovic, 471 Mass. 664 (2015), run afoul of the Sixth Amendment by…
22-643 Jason Devon Lenoir v. Lynn Guyer, Warden, et al. Ninth Circuit 2023-01-11 Denied Response Waived certificate-of-appealability faretta-hearing fourteenth-amendment pro-se-representation psychological-evaluation right-to-counsel sixth-amendment waiver-of-counsel Is a criminal defendant entitled to a COA when he has demonstrated and made a substantial showing that his rights were denied under the Sixth and Four…
22-6453 Mario Torres v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-01-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process eyewitness-identification habeas-corpus plea-agreement plea-bargain post-conviction-relief prosecutorial-misconduct right-to-counsel sentencing reneged on the plea bargain. Whether the District Court is bound by the original plea-agreement. Petitioner was resentenced. Whether a restitution h…
22-6426 Delano Marco Medina v. United States Tenth Circuit 2022-12-30 Denied Response WaivedIFP breach-of-contract civil-rights conflict-of-interest constitutional-rights ineffective-assistance ineffective-counsel plea-agreement right-to-counsel sixth-amendment speedy-trial strickland-standard The Right to Counsel. The Sixth Amendment guarantees criminal I. defendant 's the right to effective assistance of counsel. Medina 's counsel failed t…
22-6437 Alan Singleton v. Tom Watson, Warden Sixth Circuit 2022-12-30 Denied Response WaivedIFP burden-of-proof confrontation-clause criminal-procedure due-process fair-trial hearsay hearsay-testimony ineffective-assistance right-to-counsel Did counsel provide ineffective assistance? Did the prosecution's use of the word "uncontroverted" place the burden of proof on the defendant, thereb…
22-6360 Tyrell Hart v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2022-12-21 Denied Response WaivedIFP civil-rights constitutional-violations due-process false-confessions habeas-corpus ineffective-assistance ineffective-assistance-of-counsel police-misconduct right-to-counsel sixth-amendment speedy-trial • Tie lower federal and state courts unreasonably applied tiis Court's ioldings finding tiat Hart was sot da?ted affective assistance of counsel regar…
22-6350 Raul Alvarez v. New York New York 2022-12-20 Denied Amici (1)Response WaivedIFP actual-innocence constitutional-rights court-objection criminal-defense criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-strategy Must a client object in open court to invoke their Sixth Amendment right to maintain actual innocence as the objective of their defense?
22-6304 Lanny Marvin Bush v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-12-14 Denied IFP brady-violation constitutional-rights custody custody-interrogation due-process ineffective-assistance-of-counsel interrogation law-enforcement-procedure right-to-counsel 1. Was petitioner "IN Custody',* when (focus of investigation) (in presence of armed Officers)behind Locked doors)fnterragated for Hours)and Told"NOT"…
22-6280 Jose Adolpho Castillo v. Texas Texas 2022-12-12 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process hearsay-testimony ineffective-assistance prejudice right-to-counsel standard-of-review strickland-standard strickland-v-washington Whether the Court of Criminal Appeals of Texas has made the standard articulated by this Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 20…
22-6251 Onofre Tommy Serrano v. California California 2022-12-07 Denied IFP appellate-procedure appointment-of-counsel civil-rights conflict-of-interest constitutional-rights due-process judicial-review medical-treatment reasonable-time-to-consult right-to-counsel 1. Why did the Court of Appeal court issue a pro-forma component, 0902, in Appel v. National, that Appellant could not file a defendant's request-Auth…
22-519 Shawn Rogers Malloy v. Pennsylvania Pennsylvania 2022-12-05 Denied attorney-client-privilege brady-v-maryland brady-violation constitutional-remedy due-process prosecutorial-misconduct right-to-counsel sixth-amendment united-states-v-nobles 1. Does the prosecution's retention of, failure to quarantine, and failure to disclose possession of a criminal defendant's legal strategy notes, pr…
22-6213 In Re Mark Stinson 2022-12-02 Denied Response WaivedIFP appeals case-assignment civil-procedure due-process judicial-procedure procedural-error right-to-counsel rights-to-counsel sixth-circuit standing 1. Did the U.S. Court of Appeals for the Sixth Circuit ("Sixth Circuit" ) err by denying Mark Stinson ("Mr. Stinson" ) due process proceeding in the S…
22-6180 Alvaro Noe Mendoza-Valencia v. Oregon Oregon 2022-11-30 Denied Response WaivedIFP attorney-client-relationship criminal-trial due-process effective-assistance-of-counsel ineffective-assistance jury-trial right-to-counsel sixth-amendment substitution-counsel 1. Can a state trial court deny a criminal defendant's request for substitution counsel without any reasonable inquiry into trial counsel's performanc…
22-496 Jheshua Daniel Jackson v. Colorado Colorado 2022-11-28 Denied Response Waived criminal-procedure due-process fourteenth-amendment in-absentia-trial right-to-counsel sixth-amendment trial-in-absentia 1. Do the Sixth and Fourteenth Amendments to the United States Constitution permit a court to deny a criminal defendant his request for appointment of…
22-6157 Carlton McKissic v. Shawn Emmons, Warden Eleventh Circuit 2022-11-28 Denied IFP appellate-jurisdiction constitutional-interpretation criminal-procedure due-process equal-protection judicial-procedure legal-interpretation plea-bargaining right-to-counsel sentencing state-court-review WHy Have All other Courts ignored the Plea bargain (1 Process And Procedures Afforded to me, As my Faulf 1is Mot raiseing the issue earlier? 2. Why wa…
22-491 Raymond Delgado v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-11-23 Denied Response Waived criminal-procedure custodial-interrogation fifth-amendment ineffective-assistance miranda-rights miranda-v-arizona motion-to-suppress right-to-counsel right-to-remain-silent sixth-amendment suppression-of-confession Whether Delgado was denied effective assistance of counsel by his counsel's failure to file a motion to suppress his confession given in response to c…
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…
22-6124 Jason Baxter v. Harold D. Graham, Superintendent, Auburn Correctional Facility Second Circuit 2022-11-21 Denied Response WaivedIFP compulsory-process confrontation-clause criminal-procedure due-process right-to-counsel right-to-public-trial WHY WAS BAXTER DENIED THE DUE PROCESS OF LAW BY WAY OF BEING TRIED IN ABSENTIA AT TRIAL? WHY DID THE JUDICIAL SPILLOVER EFFECT OF BEING RE-INCARCERAT…
22-6083 Aaron Jay Pierce v. Utah Utah 2022-11-17 Denied Response WaivedIFP coercion constitutional-rights criminal-procedure due-process evidence-collection impeachment interrogation-tactics law-enforcement police-interrogation right-to-counsel self-incrimination m H'f CitdcpteAsfS 4%L*ft/VV[ c*~ were obfai^erf fmfx>lf*e. l.vfer/no^rh 'o^/ vioj^Hom erf1 Co/vstffiAfro^ ! ^4 tafesrh£~ 0/Sfr/crf~ £oti*rf~j rfn^ 5…
22-464 United States v. Saleem Hakim Eleventh Circuit 2022-11-16 Denied appellate-review automatic-vacatur criminal-procedure judicial-discretion pretrial-procedure right-to-counsel self-representation structural-error Whether a defendant's erroneous pretrial self-representation categorically constitutes structural error, thereby requiring automatic vacatur of the co…
22-5814 Christopher Allan Allred v. Washington Washington 2022-10-12 Denied Relisted (2)IFP constitutional-rights criminal-procedure critical-stage cruel-and-unusual-punishment death-penalty due-process eighth-amendment execution mental-illness rational-understanding right-to-counsel sixth-amendment Question not identified.
22-5775 William Robert Bramscher v. California California 2022-10-05 Denied Response WaivedIFP appeal constitutional-rights conviction criminal-appeal first-amendment hearsay hearsay-evidence presumption-of-innocence right-to-counsel 1. HAVE THE FIRST AMENDMENT RIGHT TO ADVOCATE THAT I AM INNOCENT OF ANY CHARGED OF CONVICTED CRIME(S)? 2. AN APPEAL ATTORNEY CANNOT CONCEDE GUILT IN …
22-5732 Richard Michael Arrington v. Wisconsin Wisconsin 2022-10-03 Denied Response WaivedIFP criminal-procedure interrogation jail-informant maine-v-moulton massiah-v-united-states recording-device right-to-counsel sixth-amendment state-agent united-states-v-henry Whether, for purposes of determining if an accused's Sixth Amendment right to counsel was violated, a jail informant is considered a state agent where…
22-5678 Eugene Roberts v. Territory of the Virgin Islands Virgin Islands 2022-09-26 Denied Response WaivedIFP brady-violation disclosure due-process fifth-amendment giglio-violation internal-affairs internal-affairs-report right-to-counsel sixth-amendment 1. Whether the Virgin Islands Supreme Court violated Appellant's constitutional right to due process and right to counsel by not granting a mistrial b…
22-5563 Noel Brown v. Pennsylvania, et al. Pennsylvania 2022-09-12 Denied Relisted (2)IFP collateral-review criminal-procedure due-process fourteenth-amendment habeas-corpus plea-bargaining retroactivity right-to-counsel sixth-amendment In Persuasive Authority Leading Case on Point Hamilton V. Alabama 368 U,S.52,(1961). The Supreme Court of the United States Reversed. In an opinion by…
22-5545 Clinton Folkes v. Charles Williams, Jr., Warden Fourth Circuit 2022-09-09 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-jurisdiction direct-appeal indigent-defense ineffective-assistance-of-counsel legal-misrepresentation procedural-default right-to-counsel sixth-amendment 1. Whether a criminal defendant's right to counsel on direct appeal attaches throughout the period when the appellate court has jurisdiction over the …
22-5502 In Re Artis Carroll 2022-09-02 Denied IFP 14th-amendment 6th-amendment civil-rights constitutional-rights due-process habeas-corpus involuntary-commitment legal-representation mental-health right-to-counsel "Conflict foumse a sy 2.0 gyer Me: dole ntlan mi? 6 ons ANd cnnainsy he, d 2yonsl . w4 * sass We: Aefeose Counse! js_ achye ying 4o hove He defendant …
22-5487 Gabriel Paul Hall v. Texas Texas 2022-09-01 Denied IFP capital-murder criminal-procedure evidence-admission massiah-v-united-states penalty-phase right-to-counsel sixth-amendment state-action state-agent Did the TCCA err in holding that the State upheld its "affirmative obligation to not act in a manner that circumvents the [Sixth Amendment] protection…
22-184 Christopher G. Parker v. Lloyd J. Austin, III, Secretary of Defense Eleventh Circuit 2022-08-30 Denied Response Waived case-supplementation civil-procedure civil-rights due-process judicial-procedure pro-se-defense right-to-counsel right-to-file-transcript right-to-supplement-record Whether the District Court and the Eleventh Circuit Court of Appeals violated the Petitioner's following rights: 1. ) The Right to the Appointment of…
22-5465 LaRoyce McFadden v. Illinois Illinois 2022-08-30 Denied Response WaivedIFP constitutional-protections due-process interrogation-rights involuntary-confession juvenile-justice juvenile-suspect police-interrogation police-procedure right-to-counsel self-incrimination Whether a murder conviction based on a 17-year-old boy's statements made to police after he was held incommunicado for over 24 hours, the police ignor…
22-5428 Norman Lafonte Pryor, aka Nc LaFonse Pryor v. Ronald Erdos, Warden Sixth Circuit 2022-08-24 Denied Response WaivedIFP criminal-procedure dna-evidence due-process exculpatory-evidence ineffective-assistance-of-counsel right-to-counsel Question not identified.
22-5360 Wayne Chin v. Joseph Noeth, Superintendent, Attica Correctional Facility Second Circuit 2022-08-16 Denied Response WaivedIFP accused-autonomy actual-innocence attorney-client-relationship autonomy constitutional-rights criminal-procedure defense-counsel due-process right-to-counsel sixth-amendment unwelcome-defense WHETHER A DEFENSE COUNSEL CAN OVERRIDE AN ACCUSED 'S FINAL AND INFORMED DECISION FOR AN ACTUAL INNOCENCE DEFENSE AND IMPOSE AN UNWELCOME DEFENSE UPON …
22-5362 Agustin Garcia v. New Jersey New Jersey 2022-08-16 Denied IFP 6th-amendment complete-defense constitutional-rights due-process equal-protection fourteenth-amendment fundamental-miscarriage-of-justice post-conviction-relief right-to-counsel sixth-amendment technological-advances 1. WHETHER THE STATE COURT'S OCT. 13, 2021 ORDER (App. P-2) DEPRIVED PETITIONER OF THE FUNDAMENTAL CONSTITUTIONAL RIGHT TO FAIR TRIAL, E.G., A MEANING…
22-5364 Quartavious Davis v. United States Eleventh Circuit 2022-08-16 Denied Response RequestedResponse WaivedRelisted (5)IFP constitutional-rights criminal-defense due-process ineffective-assistance-of-counsel plea-bargaining plea-negotiations prosecutorial-discretion right-to-counsel Sixth-Amendment Strickland-v-Washington Does a criminal defense attorney provide prejudicially ineffective assistance of counsel by failing to initiate plea negotiations with the prosecutors…
22-5296 Ryan T. Carleton v. Maine Maine 2022-08-05 Denied Response WaivedIFP administrative-procedure agency-documents civil-rights disclosure-requirements due-process federal-law ineffective-assistance-of-counsel internal-communications prosecutorial-misconduct right-to-counsel right-to-fair-trial staff-communications Question not identified.
22-5248 Douglas A. Hoglan v. Virginia Virginia 2022-08-02 Denied IFP constitutional-violation criminal-procedure due-process extrinsic-fraud fifth-amendment miranda-rights plea-agreement plea-bargain procedural-safeguards right-to-counsel right-to-due-process Did the extrinsic fraud which deprived Hooper of knowing of the existence of, and effectively having access to, the recordings of his police interroga…
22-5236 George E. McFarland v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-01 Denied IFP adversarial-proceedings constructive-denial cronic-violation ineffective-assistance lineup-identification prosecutorial-awareness right-to-counsel sixth-amendment This petition raises two questions related to two distinct claims, both arising under the Sixth Amendment. First, George McFarland alleged below and i…
22-5244 Charles M. Torrence v. Hazel Peterson, Warden Tenth Circuit 2022-08-01 Denied Response WaivedIFP constitutional-right criminal-procedure critical-stage due-process legal-representation mental-competency right-to-counsel sixth-amendment statewide-importance Whether it is of statewide, and even nationwide importance, ONE: for the United States Supreme Court to declare definitively whether a mental compete…
22-5215 Graham Schiff v. Maryland Maryland 2022-07-28 Denied IFP as-applied constitutional-rights content-based content-based-speech first-amendment free-speech public-concern right-to-counsel Whether the petitioner's speech, which is content-based, on a matter of public-concern, and made while exercising one's right to counsel, is protected…
22-5172 Glen Torres v. Illinois Illinois 2022-07-25 Denied Response WaivedIFP co-counsel constitutional-right counsel-of-choice disqualification indigent-defendant right-to-counsel sixth-amendment trial-representation Does the Sixth Amendment right to choose one's attorney apply to private and pro bono co-counsel?
22-5177 William Eugene Moon v. Tennessee Tennessee 2022-07-25 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure due-process habeas-corpus right-to-counsel sixth-amendment speedy-trial statute-of-limitations trial-delay Was the Defendant denied a speedy trial?
22-5138 Arthur Frank Cardenas v. United States Ninth Circuit 2022-07-19 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process firearm-possession habeas-corpus knowledge-element ninth-circuit rehaif-standard rehaif-v-united-states right-to-counsel sentencing In light of this Court's decision in Rehaif v. United States, 139 S.Ct. 2191 (2019) must show that the defendant knew he possessed the firearm and als…
22-5115 Michael Kennedy v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-15 Denied IFP consent constitutional-rights criminal-procedure defendant-consent due-process fourteenth-amendment right-to-counsel sixth-amendment trial-counsel 1. Does the Sixth and Fourteenth Amendments require that before a trial counsel can conceded defendant's guilt, trial counsel must first consult with …
22-5099 Erwin Whitter v. Merrick B. Garland, Attorney General Eleventh Circuit 2022-07-13 Denied Response WaivedIFP advisal-statute burden-of-proof civil-rights constitutional-provisions due-process legal-rights public-defender right-to-counsel sixth-amendment (1) The right to be granted extended time to secure counsel. (2) The Right to Obtain Burden of Proof. (i) The Right to the Sixth Amendment (Advisal …
22-5047 Jermaine Blackwell v. Jeff Nines, Warden, et al. Fourth Circuit 2022-07-07 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance plea-bargain plea-bargaining right-to-counsel sentencing trial-counsel trial-strategy 1. Did the lower .Court error in Not finding that the Petitioner Trial Counsel committed ineffective assistance of Counsel when trial counsel misadv…
22-5040 Priscilla Ann Ellis v. United States District Court for the District of Columbia District of Columbia 2022-07-06 Denied Response WaivedRelisted (2)IFP article-iii constitutional-rights criminal-charges criminal-procedure due-process extradition indictment right-to-counsel sixth-amendment 1. Does a criminal defendant have the right to an Attorney Immediaetely once criminal charges are presented in an Indicment? 2. If criminal defendan…
21-8243 Michael Shane Bargo v. Florida Florida 2022-06-28 Denied IFP burden-of-proof criminal-defense due-process ineffective-assistance plea-of-not-guilty presumption-of-innocence right-to-counsel sixth-amendment structural-error Did Mr. Bargo show that a violation of his rights occurred, pursuant to McCoy, when he explicitly entered a plea of not guilty and maintained his inno…
21-8248 Lorenzo Newborn, Karl Darnell Holmes, and Herbert McClain v. California California 2022-06-28 Denied Relisted (2)IFP appointed-counsel court-appointment criminal-appeal criminal-procedure due-process in-forma-pauperis indigent-defendant indigent-status right-to-counsel supreme-court-rule writ-of-certiorari Question not identified.
21-8210 Ralph William Lee, III v. Maryland Maryland 2022-06-23 Denied Response WaivedRelisted (2)IFP civil-rights confidential-documents constitutional-law constitutional-rights criminal-procedure due-process fourth-amendment right-to-counsel unreasonable-seizure waiver warrantless-search \o^€r Cc^r-V violate f^ixU clM Ap$d\c^A4 o^iisVh^ion^\ rUjh% U| ^ccA'incj +<7 tAiwrc 4KaA He ftnou/.A^Wj cuuk voWA^'A^ uxuued. hi-b C .5K4 4t? C-oan^…
21-8204 Reginald Brown v. United States Eleventh Circuit 2022-06-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process forfeiture ineffective-counsel pro-se pro-se-representation right-to-counsel severance sixth-amendment Pursuant to Supreme Court Rule 10, a review is warranted as this case present an important question of federal law that has not been, but should be, s…
21-8188 Joe Davis, Jr. v. Florida Florida 2022-06-21 Denied IFP client-advice constitutional-rights criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client whether acceptance or rejection of a pl…
21-8192 Ronnie L. Thums v. Larry Fuchs, Warden Seventh Circuit 2022-06-21 Denied Response WaivedRelisted (2)IFP due-process ex-parte-communications ex-parte-meeting habeas-corpus ineffective-assistance-of-counsel judicial-bias jury-tampering right-to-counsel 1. Whether a judge, sitting on the bench; admitting; not having jurisdiction over an issue, but makes a criminal threat to sue defendant of liable; wh…
21-8172 Juan Manuel Contreras-Zamora v. United States Fifth Circuit 2022-06-17 Denied Response WaivedIFP criminal-procedure fifth-amendment interrogation interrogation-rights legal-communication miranda-rights re-initiation right-to-counsel self-incrimination suspect-invocation waiver 1. If, during a criminal interrogation, the suspect states, "Look man, I'm going to tell you just like this; I need my lawyer," must there be some lap…
21-8174 Scott Svoboda v. Ohio Ohio 2022-06-17 Denied IFP attorney-client-privilege attorney-client-relationship confiscation criminal-procedure effective-assistance-of-counsel prosecutorial-misconduct right-to-counsel sixth-amendment trial-strategy Whether a criminal defendant is denied his right to the effective assistance of counsel when the prosecutor purposely interferes with the attorney-cli…
21-8086 Jeremiah F. Wooden v. Massachusetts Massachusetts 2022-06-08 Denied Response WaivedIFP criminal-procedure criminal-record guilty-plea ineffective-assistance informed-consent meritorious-defenses plea-bargaining plea-counsel right-to-counsel sixth-amendment 1. Whether, under the Sixth Amendment, plea counsel has a duty to advise of the impact of a conviction on his client's criminal record before his clie…
21-8064 Antonio D. Shannon v. Randall Hepp, Warden Seventh Circuit 2022-06-06 Denied Response WaivedIFP counsel-obligations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify sixth-amendment Given that "the accused has the ultimate authority [to decide] whether to... testify in his or her own behalf," Jones v. Barnes, 463 U.S. 745, 751 (19…
21-8044 Bobby Dewayne Thompson, II v. United States Ninth Circuit 2022-06-03 Denied Response WaivedIFP constitutional-rights criminal-defense due-process firearm-possession ineffective-assistance ineffective-assistance-of-counsel jury-instructions right-to-counsel second-amendment trial-strategy Did trial counsel entirely fail to present a defense to illegally possessing a firearm by conceding that Thompson possessed a gun when the court's ins…
21-7976 Mark A. Hill v. Ohio Ohio 2022-05-26 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief pro-se right-to-counsel standing 1. Whether it is unconstitutional for a state court to make it mandatory that an indigent, pro se prisoner provide an attorney affidavit in order for…
21-7892 Abdul Samuels v. United States District of Columbia 2022-05-17 Denied Response WaivedIFP conflict-of-interest court-of-appeals due-process ineffective-assistance remand representation right-to-counsel sixth-amendment trial-counsel Did the court of appeals err in denying Petitioner—whose trial counsel had a conflict of interest because his child was applying for a job at the U.S.…
21-7836 Bruce Edward Bingham, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-05-11 Denied IFP burden-of-proof closing-arguments constitutional-ineffective-assistance criminal-procedure discovery-violation due-process due-process-violation prosecutorial-misconduct remorse right-to-counsel Was the prosecutions remarks regarding the "conscience of the community" and "remorse" prosecutorial misconduct , or allowable argument? Was trial cd…
21-7844 James R. W. Mitchell v. Raymond Madden, Warden Ninth Circuit 2022-05-11 Denied Response WaivedIFP counsel-appointment court-discretion criminal-defendant criminal-procedure faretta-right faretta-v-california mccoy-v-louisiana right-to-counsel right-to-self-representation self-representation sixth-amendment In Faretta v. California , 422 U.S. 806 (1975), this Court held that a criminal defendant has a Sixth Amendment right to represent himself at trial. I…
21-7797 Michael G. Peters v. Texas Medical Board Fifth Circuit 2022-05-06 Denied IFP administrative-law administrative-procedure agency-action breakdown-of-communication criminal-procedure due-process effective-assistance-of-counsel judicial-review right-to-counsel sixth-amendment statutory-interpretation substitute-counsel Question not identified.
21-7798 Francisco Manuel Padilla v. California California 2022-05-06 Denied IFP constitutional-rights counsel-appointment criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargaining plea-withdrawal right-to-counsel standard-of-review 1. DID THE COURT ABUSE ITS DISCRETION, AND THEREBY VIOLATE APPELLANT'S CONSTITUTIONAL RIGHTS, WHEN IT DENIED HIS MOTION TO WITHDRAW HIS PLEAS? 2. DID…
21-7757 Mark Stinson v. United States Sixth Circuit 2022-05-02 Denied Response WaivedIFP conflict-of-interest constitutional-provisions due-process fair-trial judicial-inquiry right-to-counsel sixth-amendment 1. Whether a Judge inquire into the propriety of the issue? 2. Whether the mere possibility of a conflict of interest warrants the conclusion that th…
21-1378 Joaquin Archivaldo Guzman Loera v. United States Second Circuit 2022-04-25 Denied Response Waived compulsory-process due-process extradition-treaty pretrial-restraints right-to-counsel sovereign-immunity standing standing-doctrine 1. Whether under this Court's precedent in United States v. Rauscher supra, 119 U.S. 407, 430 (1886), individuals have standing to assert violations o…
21-7668 Russell Haley v. Mississippi Mississippi 2022-04-21 Denied Response WaivedIFP constitutional-rights conviction-challenge counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment Does a guilty plea waive a defendant's right to make a Sixth Amendment claim of ineffective assistance of counsel where counsel's failure to investiga…
21-7647 Lloyd Brice v. California California 2022-04-19 Denied Response WaivedIFP conflict-of-interest due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial right-to-counsel right-to-fair-trial 1. Did the Supreme Court err in failing to rule that the denial of the Motion for New Trial due to trial counsel's conflict of interest violated Petit…
21-1357 James S. Tyler, III v. Darrel Vannoy, Warden Louisiana 2022-04-18 Denied Amici (1) capital-defendant collateral-review criminal-procedure mccoy right-to-counsel sixth-amendment substantive-rule teague-bar 1. Where a capital defendant objected to his attorney's concession of guilt, does the explicit text of the Sixth Amendment and longstanding right to c…
21-7637 Marecellus Adams v. Tim Hooper, Warden Fifth Circuit 2022-04-18 Denied Response WaivedIFP criminal-procedure defense-strategy due-process fundamental-fairness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment Did trial counsel violate Adams's right to choose the objective of his defense when he conceded guilt over his express objection? Was Adams entitled …
21-7642 Brandon J. Weathers v. Nebraska Nebraska 2022-04-18 Denied Response WaivedIFP constitutional-rights due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel right-to-counsel state-court-conviction Is the Petitioner, on retake, prisoner entitled to an evidentiary hearing in a State District Court habeas corpus proceeding, where the petitioner has…
21-7631 Johnell Lee Carter v. Hunter Anglea, Warden Ninth Circuit 2022-04-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process pro-per pro-per-status right-to-counsel self-representation sixth-amendment trial-court-discretion Whether the trial court denied Petitioner's right to self representation by concluding Mr. Carter's opting for pro per status was made too close to th…
21-7606 Michael La Donte Scott v. Robert W. Fox, Warden Ninth Circuit 2022-04-13 Denied Response WaivedIFP constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment strickland-v-washington time-barred-charges Petitioners WS Provided EAC Under Strickland W. WASHinGTon CLA84) Ube U-S. GELB, By Hic Coonsel's incompetest Ravice To Plead No Contest "To "Time -Ba…
21-7611 John Charles Eichinger v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-04-13 Denied IFP capital-trial certificate-of-appealability due-process homicide ineffective-assistance-of-counsel plea-bargaining remorse remorse-mitigation right-to-counsel sixth-amendment In upholding counsel's overall remorse-based strategy as reasonable, did the Third Circuit violate the rule of Hill v. Lockhart, 474 U.S. 52 (1985), a…
21-7536 Ramonta Forte v. Joe A. Lizarraga, Warden Ninth Circuit 2022-04-05 Denied Response WaivedIFP 6th-amendment counsel-of-choice discretion due-process federal-law habeas-corpus right-to-counsel sentencing 1. WHETHER THE DISTRICT COURT CORRECTLY DETERMINED THAT THE RIGHT TO COUNSEL AT SENTENCING IS NOT CLEARLY ESTABLISHED FEDERAL LAW? 2. WHETHER THE DIS…
21-7501 Helen Tyne Mayfield v. Texas Texas 2022-03-31 Denied Response WaivedIFP criminal-procedure due-process equal-protection fourteenth-amendment habeas-corpus right-to-confrontation right-to-counsel sixth-amendment trial-in-abstentia 1. WHEN PETITION FOR DISCRETIONARY REVIEW IS DISCRETIONARY BY THE TEXAS COURT OF CRIMINAL APPEALS, DID THE COURT ABUSE ITS DISCRETION IN NOT REVIEWI…
21-7497 In Re Willie T. Murphy 2022-03-30 Denied IFP collateral-proceeding collateral-review constitutional-right due-process ineffective-assistance legal-counsel martinez-v-ryan prisoner-rights right-to-counsel sixth-amendment "DOES A PRISONER HAVE A RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL IN A COLLATERAL PROCEEDING WHICH PROVIDES THE FIRST OCCASION TO RAISE A CLAIM OF INEF…
21-7456 Robert Earl Rowles v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-03-25 Denied IFP criminal-procedure effective-assistance-of-counsel evidentiary-hearing florida-law ineffective-assistance outcome-of-proceeding post-conviction reasonable-probability right-to-counsel sixth-amendment strategic-decision Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights to counsel where counsel's r…
21-7467 Patrick Muraca v. Securities and Exchange Commission First Circuit 2022-03-25 Denied Response WaivedIFP access-to-courts attorney-representation civil-rights court-deadlines due-process incarcerated-rights incarceration legal-access procedural-rules right-to-counsel speedy-trial 1. Does an incarcerated individual have the timely- and speedy right to an attorney before important court decisions are made, such missing a deadline…
21-7420 Isiah Pierce v. United States Second Circuit 2022-03-23 Denied Response WaivedIFP 28-usc-2255 circuit-split collateral-proceedings court-of-appeals direct-appeal ineffective-assistance ineffective-assistance-of-counsel massaro-presumption post-trial-motion post-trial-motions right-to-counsel section-2255 Does the presumption of Massaro v. United States, 538 U.S. 500 (2003) that ineffective assistance of counsel claims should be litigated in collateral …
21-7358 Joseph Elliott v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-03-14 Denied Response WaivedIFP capital-case certificate-of-appealability confrontation-clause ineffective-assistance jury-selection out-of-court-statements right-to-counsel strickland-standard strickland-v-washington trial-preparation 1. Whether, in accordance with Miller-El v. Cockrell, 537 U.S. 322, 327 (2003), Petitioner made a showing that reasonable jurists would debate whether…
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…
21-7318 Abraham A. Augustin v. United States Sixth Circuit 2022-03-08 Denied Response WaivedIFP due-process federal-court mandatory-sentence resentencing right-to-counsel section-2255 section-3553a sentencing sentencing-guidelines statutory-requirements SENTENCING IN FEDERAL COURT IS GUIDED BY STATUTE AND CONSTITUTIONAL CONSIDERATIONS. STATUTORY REQUIREMENTS INCLUDE CONSIDERATION OF THE FACTORS IN 18 …
21-7289 Katrina Brown v. United States Eleventh Circuit 2022-03-07 Denied Response WaivedIFP closing-argument criminal-procedure fair-trial judicial-error motion-for-severance prejudice right-to-counsel severance standby-counsel I. WHETHER THE DISTRICT COURT COMMITTED ERROR BY ORDERING THE DEFENDANT TO GO FORWARD WITH CLOSING ARGUMENT WITHOUT STANDBY COUNSEL LANDES BEING PRESE…
21-7231 Caleb L. McGillvary v. New Jersey New Jersey 2022-03-02 Denied Response WaivedIFP criminal-procedure due-process faretta-inquiry Faretta-motion right-to-counsel self-representation waiver 1.) If Defendant's motion to self-represent is denied without a Faretta inquiry, does his cooperation thereafter with defense counsel constitute a wai…
21-7249 Jacob Ivan Hill v. United States Fourth Circuit 2022-03-02 Denied Response WaivedIFP capital-punishment civil-rights due-process effective-assistance-of-counsel ineffective-assistance mitigating-evidence prosecutorial-misconduct right-to-counsel self-defense sentencing-phase sixth-amendment Question not identified.
21-7154 John Walters v. Michael Martin, Warden Fourth Circuit 2022-02-18 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer prejudice-analysis right-to-counsel strickland-standard strickland-v-washington Mr. Walters lost an opportunity for a favorable plea because his counsel failed to tell him about it. As a result, Mr. Walters entered a guilty plea t…
21-7161 Deja Paschal v. Connecticut Connecticut 2022-02-18 Denied Response WaivedIFP criminal-procedure due-process equivocal-request right-to-counsel self-representation sixth-amendment waiver Whether a defendant's request for self-representation, made in the context of expressing frustration with appointed counsel and requesting new counsel…
21-1146 Gary McClain v. Texas Texas 2022-02-17 Denied client-autonomy criminal-procedure criminal-trial defense-counsel fundamental-rights right-to-counsel sixth-amendment structural-error trial-strategy This Court held in McCoy v. Louisiana, 138 S. Ct. 1500 (2018), that defense counsel may not concede his client's guilt in the guilt phase of trial if …
21-1099 Thomas Clayton Steres v. Kevin Curran, Warden, et al. Ninth Circuit 2022-02-08 Denied Response Waived cell-phone-search certificate-of-appealability constitutional-rights criminal-procedure fourth-amendment habeas-corpus ineffective-assistance plea-bargaining right-to-counsel sixth-amendment 1. Whether Thomas Steres received ineffective assistance of counsel in violation of the Sixth Amendment? 2. Whether the search of Mr. Steres' cell ph…
21-1083 Jay Hoon Choi v. Virginia Virginia 2022-02-04 Denied Response Waived 6th-amendment criminal-procedure custodial-interrogation due-process law-enforcement-contact miranda-rights right-to-attorney right-to-counsel right-to-remain-silent sixth-amendment state-magistrates Issue 1. Following the police reading of the rights enumerated in Miranda v. Arizona, 384 U.S. 436 (1966), how long after a person in custody asserts …
21-1072 Steven Carrol DeMocker v. Arizona Arizona 2022-02-02 Denied Response Waived constitutional-rights criminal-defense due-process effective-assistance-of-counsel federal-question implausible-defense ineffective-assistance-of-counsel legal-strategy right-to-counsel third-party-culpability This petition presents the question whether offering an implausible third-party culpability defense violates a defendant's right to the effective assi…
21-6871 Alan Price v. Florida Florida 2022-01-14 Denied IFP collateral-review criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance McCoy-retroactivity mccoy-v-louisiana montgomery-v-louisiana retroactivity right-to-counsel substantive-rule I. Whether McCoy u. Louisiana, 138 S. Ct 1500 (2018), adopts a new substantive rule that applies retroactively to cases on collateral review? II. Whe…
21-6873 Juan J. Torres v. Illinois Illinois 2022-01-14 Denied IFP appellate-court court-denial criminal-procedure custody-violation due-process fifth-amendment jurisdiction jurisdictional-challenge legal-procedure miranda-rights right-to-counsel sixth-amendment the United states Supreme court what about informing suspect ruling was having a lawyer about present durning Questioning. What 747 United states sup…
21-6849 Edwin Vaquiz v. United States Third Circuit 2022-01-13 Denied Response WaivedIFP attorney-client-relationship constitutional-rights criminal-defendant-rights criminal-defense due-process judicial-discretion right-to-counsel right-to-testify sixth-amendment trial-counsel-strategy witness-testimony Whether a "Trial Attorney can prohibit or forbid, by coercion (threat to withdraw representation from Defendants Criminal Case), the Defendant to rest…
21-6797 In Re Lawrence Earl Wilson 2022-01-10 Denied Response WaivedIFP constitutional-deprivation criminal-procedure critical-stage due-process equitable-tolling exceptional-case habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel 1. WHETHER, A PERSON WHO HAS BEEN DENIED THE ASSISTANCE OF COUNSEL AT A CRITICAL STAGE OF THE TRIAL PROCEEDINGS AND RECEIVED THE INEFFECTIVE ASSISTANC…
21-6779 Troy Allen Hite v. Michigan Michigan 2022-01-07 Denied IFP 14th-amendment 6th-amendment constitutional-violation criminal-procedure critical-stage due-process ineffective-assistance ineffective-assistance-of-counsel michigan-state-courts procedural-default right-to-counsel I. IS CERTIORARI APPROPRIATE WHERE MICHIGAN STATE COURTS REFUSED TO ADDRESS PETITIONER'S DENIAL OF HIS CONSTITUTIONAL RIGHT TO COUNSEL AT A CRITICAL S…
21-949 George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph Third Circuit 2021-12-29 Denied continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver Whether this Honorable Court should grant review to decide an important question of federal law—whether a criminal defendant can forfeit or waive his …
21-6734 Roger Dale Epperson v. Kentucky Kentucky 2021-12-28 Denied IFP constitutional-law counsel-concession criminal-defense criminal-procedure defendant-autonomy due-process factual-innocence right-to-counsel trial-strategy 1) Does McCoy apply where the defendant made clear to counsel the objective of the defense is to maintain innocence, only for counsel to then concede …
21-6716 Fernando Romero v. Neil McDowell, Warden Ninth Circuit 2021-12-23 Denied Response WaivedIFP abuse-of-discretion counsel-appointment district-court-discretion expert-opinion ineffective-assistance investigation pro-se right-to-counsel state-court-claim Whether the district court abused its discretion by denying petitioner's motion to appoint counsel when petitioner presented a substantial claim of in…
21-6691 Aaron Hicks v. United States Second Circuit 2021-12-22 Denied Response WaivedIFP acquitted-conduct conflict-of-interest counsel-representation criminal-procedure double-jeopardy issue-preclusion joint-trials right-to-counsel severance 1. When a co-defendant is represented by counsel who previously represented the defendant, thereby creating an actual conflict of interest, may a cour…
21-6667 Thomas Orville Bastian v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-12-20 Denied Response WaivedIFP collateral-review constitutional-protections due-process fifth-amendment interrogation-rights procedural-default right-to-counsel shackling waiver-of-counsel 1. State courts denied Bastian the constitutional protections due to him under the Fifth Amendment by finding that it was Bastian who had initiated a …
21-6680 Jemaine Monteil Cannon v. Oklahoma Oklahoma 2021-12-20 Denied IFP criminal-procedure direct-appeal final-conviction jurisdiction jurisdictional-claim mcgirt-retroactivity post-conviction postconviction-proceeding retroactivity right-to-counsel state-procedure 1. Whether McGirt v. Oklahoma , 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced. 2. Can a stat…
21-6656 Azizjon Rakhmatov v. United States Second Circuit 2021-12-17 Denied Response WaivedIFP appellate-waiver constitutional-rights cruel-and-unusual-punishment due-process equal-protection guilty-plea plea-agreement right-to-appeal right-to-counsel sentencing-bias Whether a sentence based on racial and ethnic bias can be appealed pursuant to the Constitutional rights to due process and equal protection of the la…
21-6616 Gabriel Schaaf v. Tim Shoop, Warden Sixth Circuit 2021-12-16 Denied Response WaivedIFP criminal-procedure custodial-interrogation due-process in-custody-interrogation miranda-rights police-questioning right-to-counsel right-to-remain-silent Whether police must wait for counsel to be present, before questioning a suspect who has invoked his right to remain silent and to have counsel presen…
21-6634 Roy Cornell Johnson v. United States Fifth Circuit 2021-12-15 Denied Response WaivedIFP assistance-of-counsel constitutional-right constitutional-rights criminal-procedure due-process fifth-circuit-standard ineffective-assistance-of-counsel pro-se-representation right-to-counsel sentencing sentencing-stage 1. Was the Petitioner afforded his Constitutional Right to accurate assistance of Counsel in his sentencing stage. 2. Did Petitioner fail to prosecut…
21-6607 In Re Andrew Thomas Burns, Sr. 2021-12-14 Denied IFP constitutional-rights due-process ineffective-assistance pro-se pro-se-representation right-to-counsel sixth-amendment structural-error trial-court-error waiver-inquiry 1. DID THE TRIAL COURT'S FAILURE TO CONDUCT AN AFFIRMATIVE WAIVER INQUIRY PRIOR TO ORDERING PETITIONER TO PROCEED PRO SE AT TRIAL, DENY PETITIONER OF …
21-6547 Richard Lynn Long, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2021-12-08 Denied Response WaivedIFP competency competency-evaluation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health plea-agreement right-to-counsel Mr. Long asserts that his trial counsel was ineffective for failing to notify the court of the contents of aneuropshychologica! report that found he w…
21-6537 Stephen Condon Peters v. United States Fourth Circuit 2021-12-07 Denied Response WaivedIFP asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process financial-conflict luis-v-united-states right-to-counsel sixth-amendment Does it violate this Court's holding in Luis U. United States and the Sixth Amendment, where the trial court deprives a defendant of the use of untain…
21-6386 Antjuan Sydnor v. California California 2021-11-23 Denied IFP constitutional-rights counsel-absence criminal-prosecution critical-stage jury-deliberations right-to-counsel sixth-amendment structural-error 1. In a criminal prosecution, if a trial court permits the prosecutor and counsel for a codefendant to present supplemental arguments to the jury duri…
21-6293 Roy Bolinger v. Texas Texas 2021-11-16 Denied IFP collateral-attack cruel-and-unusual-punishment due-process eighth-amendment ineffective-assistance-of-counsel right-to-counsel victim-allocution 1. Bolinger raised an ineffective assistance of counsel claim on direct appeal. The Texas court of appeals concluded that, without counsel's explain…
21-679 Tim Shoop, Warden v. August Cassano Sixth Circuit 2021-11-08 Denied Relisted (14) aedpa criminal-procedure habeas-corpus pro-se-representation right-to-counsel right-to-self-representation sixth-amendment timely-invocation 1. Should th e Court summarily reverse the Sixth Circuit 's award of habeas relief? 2. When a three -judge panel clearly errs in awarding habeas r…
21-6209 Angelo Cobbins v. Illinois Illinois 2021-11-05 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance evidence-suppression intellectual-capacity motion-to-suppress right-to-counsel trial-court waiver -/L, Motion to iSuppuss Loas -efror Gs it in as did not]fllulllinr th& ryl djLftionstrcJsd Ikb P-^titi patliy to (xialv-e. his Custoclid fi^ht 5 ?i/…
21-6133 Dean Rossi v. United States Third Circuit 2021-11-01 Denied Response WaivedIFP attorney-withdrawal conflict-of-interest criminal-procedure judicial-discretion necessary-witness prosecutorial-discretion right-to-counsel sixth-amendment standard-of-review 1) Is a prosecution's claim that a defendant's lawyer is "likely to be a necessary witness" at trial an "actual conflict" or "a serious potential conf…
21-634 Zachariah Brian Wright v. Indiana Indiana 2021-11-01 Denied Response RequestedResponse WaivedRelisted (3) criminal-procedure due-process equivocal-invocation high-penalty-case intelligent-waiver judicial-discretion right-to-counsel right-to-self-representation self-representation sixth-amendment In Faretta v. California, this Court held that the Sixth Amendment protects the "fundamental" right of a criminal defendant to "conduct his own defens…
21-6126 Jason A. Tobey v. United States Ninth Circuit 2021-10-29 Denied Response WaivedIFP abuse-of-discretion criminal-procedure ineffective-assistance judicial-discretion pretrial-hearing right-to-counsel sixth-amendment trial-continuance 1. When indisputable evidence shows a federal criminal defendant's retained counsel has abandoned him at a key pretrial hearing and is not prepared fo…
21-6103 Moses D. Estrada v. California California 2021-10-27 Denied IFP attorney-client-relationship collaborative-discovery constitutional-interpretation criminal-procedure due-process ineffective-assistance-of-counsel judicial-procedure legal-interpretation procedural-rights right-to-counsel victim-rights Question not identified.
21-6045 Melissa Richardson v. United States Fifth Circuit 2021-10-25 Denied Response WaivedIFP 5th-circuit appellate-review criminal-procedure due-process evidence-sufficiency involuntary-confession judicial-error miranda-rights motion-to-suppress right-to-counsel Whether the 5th Circuit erred in denying Richardson's motion to suppress. Whether the 5th Circuit erred in affirming that there was sufficient eviden…
21-6024 Dudley Allen Hicks v. Florida Florida 2021-10-20 Denied Response WaivedIFP counsel-competence criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel mental-competency post-conviction-relief right-to-counsel sixth-amendment VJWV V\\nM oP evxfAe-'Ote avd C'^cuvvisAa^ces n'lusV be. CeveoAed Vo a CCxnVxnaN aVVo'r*>ey •Vo C-CeciVe a boma Pde dloubV as Vo W\± cV»eoVs cor*pe.…
21-5978 Derek Levert Hall v. United States Eleventh Circuit 2021-10-15 Denied IFP circuit-split criminal-procedure indigent-defendant pro-se pro-se-representation right-to-counsel sixth-amendment trial-counsel waiver The federal courts of appeals are about evenly split over whether an indigent criminal defendant's waiver of trial counsel requires a clear and unequi…
21-5908 Miguel Martinez v. Illinois Illinois 2021-10-06 Denied IFP civil-rights criminal-law due-process evidence public-trial right-to-counsel Question not identified.
21-5797 George Verkler v. United States Ninth Circuit 2021-09-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process judicial-misconduct plea-agreement presumption-of-innocence right-to-appeal right-to-counsel sentencing Does the presumption of innocence and due process mean that if a judge will not read what a defendant in a criminal case submits to the court, or if t…
21-5783 Brian D. Smith v. Montana Montana 2021-09-24 Denied Response WaivedIFP appeal criminal-procedure critical-stage due-process equal-protection ineffective-assistance-of-counsel plea-bargaining plea-withdrawal post-conviction procedural-default right-to-counsel sentencing Is a motion to withdraw guilty plea considered a "critical Stage" requiring the assistance of counsel for a person "too poor" to hire one at the follo…
21-5745 Juan Francisco Turcios v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-22 Denied IFP constitutional-violation due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-appeal right-to-counsel sentencing sentencing-stage trial-counsel (1) .Was reversible error, committed pursuant to; STRICKLAND vs.WASHINGTON; MAPLE vsTHOMAS; UNITED STATE vs.HILLSMAN : , when trial counsel abandoned …
21-5689 Harold V. Hoskins v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2021-09-17 Denied IFP constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sixth-amendment WAS THE PETITIONER DENIED HIS SIXTH AMENDMENT RIGHT TO BE REPRESENTED BY COUNSEL AS MEANT BY THE SIXTH AMENDMENT AND DID THE ACTIONS OF "ALL" COUNSE…
21-5697 Shawn Mayreis v. Bobby Lumpkin, Director, Texas Department of Justice, Correctional Institutions Division Fifth Circuit 2021-09-17 Denied IFP constitutional-rights courtroom-closure due-process fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel public-trial right-to-counsel strickland voir-dire I. This Court has established that a defendant's right to a public trial extends to voir dire. When counsel's defective advice given in advance of tri…
21-5701 Michel Cherfrere v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-09-17 Denied IFP competency competency-examination criminal-procedure due-process faretta-v-california right-to-counsel self-representation speedy-trial standby-counsel Do United States Supreme Court supported any Defendant who competent have right to represent himself in the criminal case at the jury trial. Do United…
21-5703 Mark French v. Frank B. Bishop, Jr., Warden, et al. Fourth Circuit 2021-09-17 Denied IFP constitutional-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-inquiry right-to-counsel trial-counsel trial-court-discretion 1. IS IT A CONSTITUTIONAL VIOLATION WHEN A TRIAL COURT FAIL'S TO INQUIRY OR ADDRESS A DEFENDANT'S WRITTEN REQUEST ABOUT HIS CONCERNS ABOUT HIS TRIAL C…
21-5686 Tobias Soto-Melchor v. United States Ninth Circuit 2021-09-16 Denied Response WaivedIFP controlling-precedent counsel-of-choice ineffective-assistance ninth-circuit ninth-circuit-rule right-to-counsel right-to-counsel-of-choice right-to-effective-assistance-of-counsel sixth-amendment trial-delay What is the proper standard for evaluating a defendant's request to exercise his or her Sixth Amendment right to substitute retained counsel of choice…
21-5682 Sheila Davalloo v. Amy Lamanna, Superintendent, Bedford Hills Correctional Facility, et al. Second Circuit 2021-09-15 Denied IFP criminal-procedure due-process faretta-hearing mckaskle-v-wiggins right-to-counsel self-representation sixth-amendment standby-counsel Most federal courts of appeal require that defendants are aware of the "dangers and disadvantages" of self-representation prior to waiver of their Six…
21-5646 Peter Klah v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-09-10 Denied Response WaivedIFP civil-procedure civil-rights digital-contacts due-process ineffective-counsel jurisdiction-analysis online-interactions personal-jurisdiction prosecutorial-misconduct right-to-counsel standing Trial Court Erred in Denyng motion to Suppress hear case Prosecutor's comments During his opening statement nAhmeony he Co Deat Hoe Asserted his Seven…
21-355 In Re Larry Klayman 2021-09-07 Denied bar-admission bar-discipline client-interests constitutional-rights counsel-of-choice disciplinary-proceeding due-process legal-ethics presumption-of-innocence right-to-counsel 1. Did the U.S. Court of Appeals for the Eleventh Circuit ("Eleventh Circuit") err by denying Larry Klayman, Esq. ("Mr. Klayman") admission pending th…
21-5566 Razhden Shulaya v. United States Second Circuit 2021-09-02 Denied Response WaivedIFP constitutional-rights counsel-interference due-process judicial-bias jury-instruction jury-instructions right-to-counsel structural-error trial-procedure 1) Whether the United States District Court for the Southern District of New York provided a constitutionally flawed trial and committed structural er…
21-306 Troy Seales v. California California 2021-08-31 Denied counsel-rights criminal-procedure due-process ex-parte-hearing ineffective-assistance right-to-be-present right-to-counsel trial-fairness 1. Did the Supreme Court err in failing to rule that the exclusion of Petitioner and his counsel from an ex parte hearing violated Petitioner's rights…
21-5541 Dan Kenny Delva v. United States Eleventh Circuit 2021-08-31 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel joint-trial right-to-counsel severance sixth-amendment trial-severance Whether it is debatable Mr. Delva was denied a Sixth Amendment right under the United States Constitution to effective assistance of counsel when his…
21-5482 Michael Deshon Matthews v. John Davids, Warden Sixth Circuit 2021-08-25 Denied IFP 6th-amendment constitutional-rights court-costs due-process restitution right-to-counsel sixth-amendment speedy-trial substitute-counsel 1. DID TRIAL COURT ERR IN DENYING DEFENDANTS MOTION FOR SUBSTITUTE COUNSEL IN VIOLATION OF THE UNITED STATES AND MICHIGAN CONSTITUTIONS? 2. WAS MR. M…
21-5453 Charles J. Senke v. United States Third Circuit 2021-08-24 Denied Response WaivedIFP abuse-of-discretion circuit-split collateral-review criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel right-to-counsel strickland-standard substitution-of-counsel The Third Circuit panel majority, deepening a n acknowledged and entrenched circuit split, ruled that the district court's failure to inquire into Sen…
21-5468 Fredrick Mackie v. United States Ninth Circuit 2021-08-24 Denied Response WaivedIFP appellate-procedure criminal-appeal due-process in-forma-pauperis knowing-and-intelligent-waiver pro-se-appeal right-to-appeal right-to-counsel Petitioner was convicted of escape from a halfway house and was sentenced in 2019 to 41 months in prison. He personally signed a pro se notice of appe…
21-5427 Kushawn Miles-El v. Connie Horton, Warden Michigan 2021-08-23 Denied Response WaivedIFP 6th-amendment capital-case civil-rights competency competency-hearing due-process fourteenth-amendment right-to-be-present right-to-counsel sixth-amendment I. WHETHER THE STATE COURT HAS DENIED PETITIONER KUSHAWN MILES-EL ANY RIGHT, PRIVILEGE OR IMMUNITY GUARANTEED HIM BY THE CONSTITUTION AND LAWS OF THE …
21-5451 John M. Wasson v. United States Ninth Circuit 2021-08-23 Denied Response WaivedIFP appeal criminal-procedure criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions legal-counsel mining-claim right-to-counsel The questions presented are: 1. Did Mr. Wasson have adequate counsel during his trial and appeal? 2. Was Mr. Wasson's accessing his mining claim's c…
21-5389 Juan J. Martinez v. Texas Texas 2021-08-18 Denied IFP admissible-evidence collateral-proceedings constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance probable-cause right-to-counsel search-and-seizure trial-counsel Question not identified.
21-5383 Mark Stinson v. John P. Yates, Warden Eighth Circuit 2021-08-17 Denied Response WaivedIFP conflict-of-interest constitutional-provisions criminal-procedure due-process judicial-inquiry right-to-counsel sixth-amendment 1. Whether a Judge must inquire into the propriety of the issue. 2. Whether the mere possibility of a conflict of interest warrants the conclusion th…
21-5363 Christopher Cope v. Darrel Vannoy, Warden Fifth Circuit 2021-08-13 Denied Response WaivedIFP client-autonomy constitutional-right criminal-defense criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-strategy 1. Whether petitioner was denied his constitutional right to have effective assistance of counsel when trial counsel admitted petitioner's guilt at tr…
21-5375 Douglas Coley v. Ohio Ohio 2021-08-13 Denied IFP collateral-review counsel-abandonment death-penalty death-row-rights due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-review right-to-counsel trial-court-duty trial-court-management Can a state provide a rational basis to deny a death row prisoner his right to the state's first collateral, conviction, review process, where the pri…
21-5317 Mauricio Melendez v. Renee Baker, Warden Nevada 2021-08-09 Denied IFP attorney-concession criminal-autonomy criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel right-to-defense stare-decisis supreme-court-precedent In 2018, this Court decided McCoy v. Louisiana, 138 S.Ct. 1500 (2018), recognizing a criminal defendant's right to secured autonomy over his defense. …
21-5294 Wilshaun King v. Mike Brown, Acting Warden Sixth Circuit 2021-08-04 Denied Response WaivedIFP autopsy-report confrontation-clause criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner plea-bargaining plea-offer right-to-counsel sixth-amendment I. PETITIONER'S TRIAL COUNSEL WAS APPROACHED AT THE TIME THE JURY RETIRED FOR DELIBEARITONS BY PROSECUTING ATTORNEY SCOTT EHLFELDT TENDERING A PLEA O…
21-139 James W. Gilliam, II v. Discover Bank, et al. New York 2021-08-03 Denied Relisted (2) access-to-justice american-jurisprudence civil-rights constitutional-rights court-representation due-process fundamental-rights individual-immunity justice-system legal-access right-to-counsel This petition raises the Constitutional issue of whether or not a citizen of the United States is entitled to his or her own day in court — or be deni…
21-5273 Jerry L. Wheeler v. Randall Hepp, Warden Seventh Circuit 2021-08-02 Denied IFP civil-rights constitutional-rights criminal-procedure defense-strategy due-process fair-trial prosecutorial-misconduct right-to-counsel right-to-notice trial-counsel witness-testimony 1. Whether titled CFf^iwc, t9<JJiS^wc6 OF Counsel*, UjKefJ Trial CauffSgL. FaU<uH To Qh<tripi£jT t Call H) Testify fTk& 2-3 gyz* uj )+cJ£6<} bJKo Sl*f…
21-5255 Nathaniel B. Appleby-El v. Maryland Maryland 2021-07-30 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence evidence-admission right-to-counsel witness-testimony 1. Whether such extensive reliance on transcripts, denied Mr. Appleby-El's federal right of confrontation, because doing so effectively prevented him …
21-5236 Manvester Evans, III v. Georgia Georgia 2021-07-28 Denied IFP abandonment-of-counsel appellate-review constitutional-rights criminal-trial due-process effective-assistance-of-counsel ineffective-assistance out-of-time-appeal right-to-appeal right-to-counsel trial-court-discretion 1. Is the Abanoclon men 7 of couse l Loe rhe cleberclqurp Atzek a plea heaaive CL Seurencingy Of Couszizuriaual Ellec rive Assisvauce ot Counsel ° . …
21-5210 Trojan Hart v. United States Second Circuit 2021-07-26 Denied Response WaivedIFP criminal-procedure due-process evidentiary-restrictions jury-instructions right-to-counsel sentencing sentencing-review shackling (1) Whether the district court erred when it shackled Hart and co-defendant Sharpe? (2) Whether the district court interfered with the right to couns…
21-5161 Jamar J. Draper v. Jimmy Martin, Warden Tenth Circuit 2021-07-21 Denied IFP constitutional-rights criminal-procedure double-jeopardy due-process exhaustion-of-remedies ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sentencing-mitigation sixth-amendment speedy-trial Question not identified.
21-5133 Michael Skillern v. United States Eleventh Circuit 2021-07-19 Denied Response WaivedIFP certiorari coa criminal-defendant criminal-procedure due-process eleventh-circuit geders-rule geders-v-united-states habeas-corpus right-to-counsel supreme-court trial-recess DOES THE ELEVENTH CIRCUIT'S RULE ENUNCIATED IN CRUTCHFIELD v WAINWRIGHT, 803 F3d1103 (11th Cir. 1986) ABROGATE OR MODIFY THE SUPREME COURT DECISION AS…
21-5126 Kevin Tyrell Beach v. Florida Florida 2021-07-16 Denied Response WaivedIFP abuse-of-discretion constitutional-rights double-jeopardy due-process irreparable-harm mistrial pro-se pro-se-defendant right-to-counsel sanctions Does it constitute "bad faith conduct " of "abuse of discretion ' when a judge denies a defendant 's numerous pre-trial requests for "stand-by " couns…
21-5037 Derrick Vaughn v. United States Seventh Circuit 2021-07-08 Denied Response WaivedIFP criminal-procedure due-process fair-trial in-court-identification prosecutorial-misconduct right-to-counsel sixth-amendment Should the Court grant certiorari to determine whether improper in-court identifications performed at the behest of the prosecution deprived Petitione…
20-8443 Jacobie A. Green v. Louisiana Louisiana 2021-06-29 Denied Response WaivedIFP criminal-procedure defendant-statement due-process evidence jury-charge jury-instructions motion-to-quash photographic-evidence right-to-counsel state-created-impediment trial-court-discretion 1. Did the Louisiana Supreme Court error in denying review after a. State-crested impediment occurred? 2. Whether ihe trial court erred in admittmg d…
20-8444 Dustin Melvin Davison v. Oklahoma Oklahoma 2021-06-29 Denied IFP autonomy constitutional-rights criminal-procedure defendant-autonomy defense-counsel due-process effective-assistance-of-counsel guilt-concession right-to-counsel sixth-amendment trial-strategy Is it unconstitutional to allow defense counsel to concede any aspect of guilt over defendant's unambiguously expressed desire to maintain actual inno…
20-1814 Donnie Rudd v. Illinois Illinois 2021-06-29 Denied arrest-warrant criminal-complaint criminal-procedure prosecutorial-involvement right-to-counsel rothgery-v-gillespie sixth-amendment Whether the Court's decision in Rothgery v. Gillespie eliminates attachment of an individual's Sixth Amendment right to counsel prior to his appearanc…
20-8390 Gary L. Workman v. Jason Kent, Warden Fifth Circuit 2021-06-23 Denied Relisted (2)IFP criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel police-misconduct prosecutor-misconduct right-to-counsel witness-subpoena Was Petitioner denied his right to compel witnesses when counsel failed to subpoena an expert that had found exculpatory evidence and this evidence w…
20-1772 Branden Edward Shumate v. California California 2021-06-22 Denied Response Waived attorney-client-relationship attorney-of-choice criminal-defendant criminal-procedure motion-for-new-trial post-conviction-proceedings right-to-counsel sentencing sixth-amendment trial-court I. Whether a Trial Court Deprives a Defendant of His Right to Counsel by Discharging a Defendant's Hired Attorney of Choice Just Before Trial Was to S…
20-8367 Kiera Shanice Graham v. Brooks Benton, Warden Georgia 2021-06-21 Denied IFP constitutional-rights counsel-representation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing voluntary-decision Is ifa vfokthon of dun proc.&& for & defwda nb -b pkad AUi'I'ly b a \ fo SinDmoi tohjin informed hj Counsel +inaf Umm pm\fo (mos biwj aujhi, ba+ ujos…
20-8371 Luz Hernandez v. United States Eleventh Circuit 2021-06-21 Denied Response WaivedIFP counsel-withdrawal due-process ex-parte felony-sentencing restitution right-to-counsel sixth-amendment The district court issued an order of restitution in the amount of over $4.7 million pursuant to the government's ex parte motion filed after petition…
20-8251 Jayrionte Thomas v. West Virginia West Virginia 2021-06-08 Denied Response WaivedIFP constitutional-rights criminal-appeal criminal-procedure due-process first-degree-murder habeas-corpus ineffective-assistance legal-procedure right-to-counsel sixth-amendment west-virginia-law Whether the West Virginia Supreme Court of Appeals erred in declining to hold, on direct criminal appeal, that the Petitioner received ineffective ass…
20-8223 Weldon Boyce Bridges v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-04 Denied IFP constitutional-rights constitutional-violations counsel-of-choice due-process effective-counsel ineffective-assistance plea-bargaining plea-coercion right-to-counsel sixth-amendment state-criminal-procedure Can the State District Court convict petitioner without "paid" counsel of choice at pre-trial, plea, arraignment, and evidentiary hearings, With a out…
20-1686 Bobby Lee Hampton v. Darrel Vannoy, Warden Louisiana 2021-06-04 Denied collateral-review constitutional-rule criminal-procedure due-process ineffective-assistance mccoy-v-louisiana retroactivity right-to-counsel teague-v-lane In 2018, this Court held in McCoy v. Louisiana, 138 S. Ct. 1500, that "a defendant has the right to insist that counsel refrain from admitting guilt e…
20-8218 George Verkler, aka Kenneth P. Goff, aka Neal T. Pearson, aka Neil T. Pearson v. United States Ninth Circuit 2021-06-03 Denied Response WaivedIFP criminal-case double-jeopardy plea-bargain presumption-of-innocence right-to-counsel unconstitutional-decision Does the presumption of innocence mean that if a judge will not read everything a defendant in a criminal case submits to the court that the judge mus…
20-8221 Terrence Lavaron Thomas v. Michigan Michigan 2021-06-03 Denied IFP constitutional-rights criminal-defense due-process ineffective-assistance plea-withdrawal right-to-counsel right-to-speedy-trial sentencing sentencing-error speedy-trial Was Defense counsel ineffective in failing to contest the sufficiency of evidence against Mr. Thomas, as he was charged with assault with a dangerous …
20-8196 William Severs v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-06-02 Denied IFP appeals appellate-procedure constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel legal-error right-to-counsel supreme-court-precedent third-circuit-court 1) Whether the Decisions of the Third Circuit Court of Appeals and the District Court for the District of New Jersey were contrary to the United State…
20-8207 Bernier Gerard Jackson v. Florida Florida 2021-06-02 Denied IFP best-interest constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer professional-responsibility right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client to accept a plea offer which is clearly…
20-1660 In Re Garvester Bracken 2021-05-28 Denied article-iii criminal-procedure criminal-proceedings due-process habeas-corpus judicial-procedure jurisdiction probable-cause right-to-be-present right-to-counsel trial-jurisdiction DID THE TRIAL COURT HAVE JURISDICTION TO PROCEED AND ENTER JUDGMENT AS A MATTER OF LAW? WHETHER THE TRIAL COURT HAD POSSESSED JURIDICTION IN ABSENCE …
20-8132 George Verkler v. United States Ninth Circuit 2021-05-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining presumption-of-innocence right-to-appeal right-to-counsel Does the presumption of innocence and due process mean that if a judge will not read everything Mr. Verkler, the Defendant in a criminal case submits …
20-8005 Philip Steven Matwyuk v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2021-05-12 Denied Response WaivedIFP constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigative-misconduct prosecutorial-misconduct right-to-counsel right-to-self-representation sixth-amendment 1. Was Matwyuks Due Process and Equal Protection and Constitutional Rights violated when trial counsel failed to investigate exculpatory evidence. I.E…
20-7968 Charles Ahumada v. United States Eighth Circuit 2021-05-10 Denied IFP appellate-procedure circuit-split constitutional-rights criminal-defendants direct-appeal en-banc-review panel-rehearing petition-for-writ-of-certiorari right-to-counsel statutory-provisions 1. It is settled that criminal defendants have the constitutional right to counsel on direct appeal as of right, up to the point at which an appellate…
20-7925 In Re Clement Mosseri 2021-05-04 Denied IFP court-access discrimination due-process equal-protection fair-hearing judicial-bias legal-representation pro-se-litigant pro-se-litigation right-to-counsel unbiased-tribunal 1) Is petitioner entitled to a fair hearing before an unbiased tribunal? 2) Does a poor person, Pro se litigant have a right to an attorney without c…
20-7893 Anthony Edward Bridget v. California California 2021-04-29 Denied IFP criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment trial-strategy D.N.A EVidENCE; is it fAiR ANEWly DISCOVEREd fOR thE diStRit AtHORNEY's D-N.A ExpERT (WhO hAPPEN tO WORK fOR thE ORANgE CONTy CRIME LAb) to conduct A …
20-7897 Steve L. Stanaland, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-04-29 Denied Response WaivedIFP 2nd-amendment circumstantial-evidence constitutional-rights due-process evidence-suppression exculpatory-evidence firearm-possession right-to-counsel second-amendment self-defense This may very well be in this case and across the Nation . the most important and the biggest question is. (Specifically) [If] y°u live in the middle …
20-7873 Kenneth McBride v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2021-04-28 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-rights contract-duress criminal-procedure double-jeopardy due-process pro-se-representation right-to-counsel WHETHER A STATE CAN FORCE A U.S. CITIZEN TO FACE CRIMNINAL CHARGES, WITHOUT THE ASSISTANCE OF COUNSEL AFTER THE U.S. CITIZEN KEPT TELLING STATE COURTS…
20-7861 Razhden Shulaya v. United States Second Circuit 2021-04-27 Denied Response WaivedIFP allen-charge civil-rights criminal-procedure due-process judicial-discretion jury-coercion jury-deliberation jury-deliberations jury-instructions right-to-counsel sixth-amendment 1. Should certiorari be granted to find that, when a jury bullies a holdout juror, the District Court should issue an Allen charge, in which it instru…
20-7843 Timothy Howard Johnson v. Renee Baker, Warden Nevada 2021-04-26 Denied IFP criminal-procedure due-process evidence-exclusion retroactivity right-to-counsel right-to-defense right-to-jury-trial trial-court-discretion waiver witness-testimony Question not identified.
20-7835 Steven Cooper v. Florida Florida 2021-04-22 Denied IFP adverse-possession circuit-court constitutional-rights criminal-procedure due-process mandamus right-to-counsel trespass 1. Whether it is appropriate for a capias to be issued after a defendant makes the required written waiver of presence as allowed for by the Florida …
20-7812 Clive Patrick Bowen v. United States Ninth Circuit 2021-04-21 Denied Response WaivedIFP continuance criminal-procedure due-process right-to-counsel self-representation sixth-amendment 1. Does a district court violate the Sixth Amendment or otherwise err when it grants a defendant's motion to represent himself shortly before trial bu…
20-7801 Cody Lee Herman v. United States Sixth Circuit 2021-04-19 Denied Response WaivedIFP and sentencing stages plea constitutional-rights conviction criminal-procedure effective-assistance-of-counsel ineffective-assistance plea-bargaining plea-stage plea-stages pro-se-objections right-to-counsel sentence sentencing sentencing-stage A. Whether Petitioner's Right to the Effective Assistance of Counsel Was Violated During the Pretrial and Plea Stages of this Case Requiring That Peti…
20-7737 Marjuan Shondell Fleming v. United States Sixth Circuit 2021-04-14 Denied Response WaivedIFP circuit-split constitutional-rights crack-cocaine criminal-justice-reform criminal-procedure first-step-act post-conviction right-to-counsel sentence-enhancement sentencing sixth-amendment statutory-interpretation Whether the term "Covered offense" in the First Step Act of 2018, includes violations of Title 18 USC 924(c), involving crack cocaine, to which ACCA t…
20-7630 Scott Paul Madlock v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-04-02 Denied IFP constitutional-law criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination sixth-amendment Whetner Strongly believes that the United States Court of Appeals for The Fifth Circuit's decision sanctioned such a departure from accepted and usual…
20-7633 Sam Sterling Alford v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-04-01 Denied Response WaivedIFP 28-usc-2253c certificate-of-appealability consolidation consolidation-risks counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-consent right-to-counsel Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. §2253(c) on his claim that his counsel re…
20-1371 Bart Posey, Sr. v. United States Sixth Circuit 2021-03-31 Denied Response Waived appeal appellate-counsel constitutional-right criminal-procedure due-process duty-to-consult habeas-corpus ineffective-assistance right-to-counsel 1. Whether the duty to consult about an appeal requires the effective assistance of counsel.
20-7605 Cody James Martinez v. Arizona Arizona 2021-03-31 Denied IFP capital-defendant capital-trial cumulative-error due-process ineffective-assistance ineffective-assistance-of-counsel pecuniary-gain right-to-counsel statutory-aggravator strickland-standard trial-counsel I.Trial counsel only ever met with Mr. Martinez for a total of 1:08 in the 2-½ years preceding this capital trial. II.Arizona used a flawed premedita…
20-1367 Ethan Johnson Spruill v. Jeorld Braggs, Jr., Warden Tenth Circuit 2021-03-30 Denied 5th-amendment 6th-amendment custodial-interrogation due-process federal-habeas-corpus federal-law miranda-warnings right-to-counsel unreasonable-application Is the admission at trial, over objection, of Petitioner's statement error that lies beyond any possible fairminded disagreement when: (1) the Petitio…
20-7572 Jim Bass Holden v. Nevada, et al. Ninth Circuit 2021-03-26 Denied Response WaivedIFP 6th-amendment appellate-review circuit-split conflict-of-laws constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-discretion procedural-default right-to-counsel ao\ <x v/\oWo on S»)^VvI.tOWAbec cr dLrnortV c\^aV \o Cocuis^A c^s Acf » ^>y fW^SkAn £>CCceA u^W ia AW SWc tfsdc We,Amen ^U^sVYvwet'TV /'havwc Ac i ct…
20-7551 Dennis Roger Bolze v. Warden, FCI Coleman Sixth Circuit 2021-03-24 Denied Response WaivedRelisted (2)IFP counsel-deprivation criminal-procedure criminal-proceedings due-process habeas-corpus jurisdiction miscarriage-of-justice right-to-counsel state-law subject-matter-jurisdiction QUESTION ONE: When a State intentionally abandons State law and deprives an individual of counsel during a critical stage in the criminal proceedings…
20-7539 Schenvisky James v. Sherman Campbell, Warden Sixth Circuit 2021-03-23 Denied Response WaivedIFP 2nd-amendment brown-vs-board civil-rights constitutional-rights due-process faretta-warning free-speech right-to-counsel self-representation standing waiver-of-counsel FOR A STATE PRISONER TO RAISE THE OCCURRENCE OF A JURISDICTIONAL I. IS IT PERMISSIBLE DURING HABEAS CORPUS S REVIEW IF THE PETITIONER COURT PROCEEDING…
20-7478 Paul Eric Lewis v. Southern Connecticut State University, et al. Second Circuit 2021-03-17 Denied IFP access-to-courts civil-rights due-process fourteenth-amendment judicial-procedure pro-bono-counsel right-to-counsel sixth-amendment Where a plaintiff who was granted pro bono counsel, specifically for the purpose "to write the preliminary pleadings sufficiently to allow a jury tria…
20-7455 Jeromey Glenn Jones v. Montana Montana 2021-03-15 Denied IFP constitutional-assistance court-interpretation criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-protection procedural-due-process right-to-counsel right-to-participate sixth-amendment statutory-provisions Question not identified.
20-7374 Demitrius Wayne Alexander v. Joseph Headley, Warden, et al. Eleventh Circuit 2021-03-10 Denied Response WaivedIFP 4th-amendment criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel search-and-seizure whether both state and Federal Courts rulings were in error when evidence search and seizure was used against Petitioner Demitrins wayne Alexander dur…
20-7367 Sherwood Laran Bostic v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-03-08 Denied Response WaivedIFP circuit-court constitutional-right constitutional-rights counsel due-process evidentiary-hearing post-conviction post-conviction-proceedings right-to-counsel state-court-proceedings state-proceeding DID THE U.S. CIRCUIT COURT OF APPEAL ERR WHEN IT DENIED (COA) S B B P B B B Y PS WHEN IT SUSTAINED THAT PETITIONER HAS NO CONSTITUTIONAL RIGHT TO COUN…
20-7339 Kevin Antonio Watson v. Virginia Virginia 2021-03-05 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-interpretation court-procedure critical-stage due-process federal-law habeas-corpus judicial-interpretation procedural-review right-to-counsel right-to-effective-assistance-of-counsel structural-error 1o Whether Petitioner's trial Counsel sleeping during the Commonwealth's witness directexamination is a critical stase of the triali Whether it consti…
20-1218 Demetrius William Edwards, et al. v. Sherry Burt, Warden, et al. Sixth Circuit 2021-03-03 Denied Response RequestedResponse WaivedRelisted (2) is entitled to habeas relief thereby giving rise to a presumption of prejudice counsel-deprivation criminal-procedure critical-stage habeas-corpus ineffective-assistance-of-counsel prejudice-presumption presumption-of-prejudice right-to-counsel sixth-amendment During an overnight recess in Demetrius Edwards's and Bryant Royster's bench trial, the judge made an independent, nighttime visit to the crime scene,…
20-7293 Willie Safford v. Florida Florida 2021-03-02 Denied IFP civil-rights constitutional-violation defense-counsel due-process ineffective-assistance jury-instructions lesser-included-offense mitigating-evidence post-conviction-relief right-to-counsel sentencing-phase standard-of-review Question not identified.
20-7288 Nazari Vasilich Cam v. Oregon Oregon 2021-03-01 Denied Response WaivedIFP appellate-procedure criminal-procedure due-process fourteenth-amendment halbert-v-michigan indigent-defendant right-to-counsel sua-sponte-appointment swenson-v-bosler Whether a state appellate court must appoint counsel sua sponte for an indigent criminal defendant who represents himself at trial, files a notice of …
20-7274 Michael Diabolis Griffis, Sr. v. Les Parish, Warden Sixth Circuit 2021-02-26 Denied Response WaivedIFP appellate-review criminal-procedure due-process faretta-standard federal-courts pro-se pro-se-representation right-to-counsel sixth-amendment I. WHETHER THE SIXTH CIRCUIT COURT OF APPEALS DECISION CONFLICTS WITH CLEARLY ESTABLISHED LAW IN FARETTA V. CALIFORNIA AND CONFLICTS WITH THE DECISION…
20-1164 Donald E. Boyd v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2021-02-24 Denied Response Waived civil-rights due-process fair-trial fair-trial-rights involuntary-medication psychotropic-drugs right-to-counsel self-representation sixth-amendment xanax-dosage 1. Whether the State of New Jersey's administration of unreasonably high doses of the controlled psychotropic drug Xanax (i.e., dosages four times the…
20-7195 Javan Fredrick Mays, aka Von Frederick Mayes v. Scott Lewis, Warden Fourth Circuit 2021-02-23 Denied Response WaivedIFP appellate-review brady-violation constitutional-rights criminal-procedure due-process post-conviction-relief procedural-barriers prosecutorial-misconduct right-to-counsel subject-matter-jurisdiction suppressed-evidence vaAV\ e.W\ £f +Vi<£ peVt-fvo \ne.c^ £-ovw{ '£,-V-tov r\ s (fi '^r\v€. SY<3i\r£ fouVeA fo pfovi A-€ VuvYvAVte. ViM-i fYi^s vY\eAi£-d\ 'CeCof As uik'« …
20-7178 Nolan C. Turner, III v. Louisiana Louisiana 2021-02-19 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief retroactivity right-to-counsel second-degree-murder trial-counsel Over Turner's objection, trial counsel told the jury the offense committed in this case was a general intent second degree murder and not the charged …
20-7182 Anton Tuomi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-02-19 Denied Response WaivedIFP appellate-procedure conflict-of-interest faretta-rights faretta-v-california guilty-plea ineffective-assistance ineffective-assistance-of-counsel right-to-counsel waiver-of-rights Issue 1: Whether the appellate court erred in concluding that petitioner was not denied his right to counsel when the state court accepted petitioner'…
20-7184 Mitchell Wagner v. Archie D. Scarborough, et al. Fifth Circuit 2021-02-19 Denied IFP appellate-procedure appointment-of-counsel civil-rights constitutional-rights due-process in-forma-pauperis legal-complexity legal-representation pro-se pro-se-litigation right-to-counsel standing IS if A Violation of The Petii Loner 's Cons fI futioNA L Rims To Counsel WhEN APPelle Te Court FaILs To Recognize an Already Approved and accepted …
20-7139 Chayce Aaron Anderson v. Colorado Colorado 2021-02-12 Denied IFP burden-of-proof constitutional-rights criminal-procedure double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel right-to-counsel substitute-counsel 1. Whether the Appellate Court abused its discretion in denying Mr. Anderson's request for the appointment of substitute Counsel since defense Counsel…
20-7129 Tyreek Torrence v. Pennsylvania Pennsylvania 2021-02-11 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment Question not identified.
20-7110 David Falcon v. Neil McDowell, Warden Ninth Circuit 2021-02-10 Denied Response WaivedIFP aedpa alibi-defense criminal-procedure habeas-corpus ineffective-assistance miranda-hearing miranda-rights police-misconduct police-testimony right-to-counsel strickland-standard David Falcon was convicted of murder based on an incident where two men approached and shot a stranger in a public park. Falcon's counsel raised an al…
20-1059 Roy H. Murry v. Washington Washington 2021-02-03 Denied Response Waived anders-brief court-of-appeals due-process fourteenth-amendment pro-se pro-se-briefing right-to-counsel sixth-amendment Was Mr. Murry denied his Sixth Amendment Right to Counsel and Fourteenth Amendment Due Process? [When his pro se briefing brought to the Court of Appe…
20-6959 Mason Somers v. Jay Forshey, Warden Sixth Circuit 2021-01-27 Denied Response WaivedIFP attorney-client-privilege constitutional-rights criminal-procedure discovery due-process ineffective-assistance jail-recordings pre-trial-discovery right-to-counsel trial-counsel 1. Once trial counsel learns facts of a criminal case prior to receiving discovery from the government, provides that discoverable information to his …
20-991 Stevie L. England v. DeEdra Hart, Warden Sixth Circuit 2021-01-26 Denied Response Waived criminal-procedure davis-v-united-states fifth-amendment interrogation interrogation-standard miranda-rights miranda-v-arizona objective-inquiry right-to-counsel subjective-factors Whether the "objective inquiry" required by Davis may be based on subjective factors.
20-6912 Roy L. Rambo, Jr. v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2021-01-25 Denied Response WaivedIFP asset-forfeiture civil-rights constitutional-rights counsel-of-choice due-process pretrial-restraint retroactivity right-to-counsel sixth-amendment Did this Court's holding in Luis v. United States, 578 U. S. 194 L. Ed. 2d 256 (2016) simply clarify a Federal civil asset forfeiture statute by deter…
20-6880 Victor Esquivel, aka Youngster v. United States Fifth Circuit 2021-01-14 Denied Response WaivedIFP anders-brief constructive-denial criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel no-merit-brief preserved-objections right-to-counsel right-to-effective-assistance-of-counsel A. Whether Esquivel's Right to Counsel Was Constructively Denied When, in the District Court, Esquivel Moved for a New Trial and Requested New Counsel…
20-6851 Jeffrey Lee Atwater v. Florida Florida 2021-01-13 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-counsel sixth-amendment 1. Did Mr. Atwater show a violation of the right to determine the objective of his defense and his right to hold the State to its burden of proof of e…
20-916 Nathaniel K. Hooker v. Illinois Illinois 2021-01-08 Denied adversarial-proceeding criminal-procedure due-process effective-assistance probable-cause right-to-bear-arms right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment This case presents an important issue concerning the proper application of Illinois Criminal Procedures and the Sixth Amendment Right to Effective Cou…
20-6767 Marlon Thomas v. Illinois Illinois 2021-01-04 Denied Relisted (2)IFP criminal-procedure due-process mental-competence pre-trial-evaluation right-to-counsel sentencing Question not identified.
20-6687 William James Jonas, III v. United States Fifth Circuit 2020-12-23 Denied Response WaivedIFP court-appointed-counsel due-process fifth-circuit pro-se right-to-counsel sentencing sentencing-hearing sixth-amendment substitute-counsel Whether the Fifth Circuit Court of Appeals erred in holding that the district court did not violate Petitioner William James Jonas, III's right to cou…
20-6592 Edgar Gomez v. Raymond Madden, Warden Ninth Circuit 2020-12-10 Denied IFP criminal-procedure criminal-proceeding due-process faretta-right habeas-corpus right-to-counsel self-representation sixth-amendment timeliness (1) Was Petitioner's denied his right to self-representation pursuant to Faretta v. California, 422 U.S. 806 (1975) when the trial court denied the re…
20-6603 In Re Antonio Akel 2020-12-10 Denied Response WaivedIFP appellate-jurisdiction appellate-procedure due-process equal-protection habeas-corpus mandamus right-to-counsel sixth-amendment structural-error WHETHER: A WRIT OF MANDAMUS IS THE ONLY APPROPRIATE REMEDY WHERE THE ELEVENTH CIRCUIT COURT OF APPEALS IS IN CLEAR AND UNEQUIVOCAL DEPARTURE OF FEDER…
20-6584 Richard Olive v. United States Sixth Circuit 2020-12-09 Denied Response WaivedIFP certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance plea-bargaining prejudice right-to-counsel sixth-amendment strickland-v-washington 1. What do Missouri v. Frye, 566 U.S. 134 (2012), and Lafler v. Cooper, 566 U.S. 156 (2012), require of a defendant to demonstrate prejudice resulting…
20-6589 John Xavier Portillo, aka John Portillo v. United States Fifth Circuit 2020-12-09 Denied Response WaivedIFP criminal-procedure critical-stage initial-appearance magistrate magistrate-hearing right-to-counsel sixth-amendment Whether the initial appearance before a Magistrate after the right to counsel has attached is a critical stage of the proceeding under the Sixth Amend…
20-6558 Sonya Bamberg v. Georgia Georgia 2020-12-08 Denied IFP constitutional-rights criminal-procedure due-process evidence-suppression habeas-corpus judicial-procedure post-conviction-proceedings right-to-appeal right-to-counsel Sonya Bamberg was denied due process because she was denied a full and complete record to review for appeal. Bamberg was denied meaningful review of h…
20-6530 Jamel Mobley v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-12-07 Denied Response WaivedIFP appellate-preservation appellate-process constitutional-ineffectiveness fair-trial ineffective-assistance ineffective-assistance-of-counsel new-trial-standard right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel 1. Whether trial counsel can be constitutionally ineffective under Strickland v. Washington, 466 U.S. 668 (1984) for failing to preserve an issue for …
20-6514 Jimmy Ray Weatherholt, Jr. v. Virginia Virginia 2020-12-03 Denied IFP constitutional-rights criminal-prosecution due-process fair-trial judicial-conduct recusal right-to-counsel sixth-amendment trial-counsel The Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his d…
20-6496 Michael Alford v. United States Eleventh Circuit 2020-12-02 Denied Response WaivedIFP child-pornography criminal-procedure due-process evidentiary-hearing expert-services expert-witness forensic-evidence ineffective-assistance-of-counsel legal-assistance motion-of-innocence pro-se-litigant right-to-counsel Wheth The Court erred in Refusing To Order legal assistance and forensic Software expert assist. To Obtain and Subrit factual evidence of The Microsof…
20-6503 George J. Raudenbush, III v. Monroe County, Tennessee, et al. Sixth Circuit 2020-12-02 Denied Response WaivedRelisted (2)IFP civil-rights collateral-estoppel due-process false-prosecution in-forma-pauperis ineffective-assistance police-brutality right-to-counsel 1. Whether the Sixth Circuit erred by denying Raudenbush's application to proceed in forma pauperis. 2. Whether the Sixth Circuit erred by finding th…
20-6457 Phillip Watkins v. United States Sixth Circuit 2020-11-25 Denied Response WaivedIFP appellate-procedure civil-rights constitutional-rights criminal-procedure due-process hybrid-representation pro-se right-to-counsel sixth-circuit standing supplemental-brief 1. Whether Petitioner, after presenting trial court motion in an alternative court action in an amended (Amend.) black letter brief presented Pro Se b…
20-722 Rodney Anton Williamson v. United States Fourth Circuit 2020-11-25 Denied Response Waived certificate-of-appealability conflict-of-interest habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massiah-v-united-states right-to-counsel rule-33-motion section-2255 sixth-amendment The right to counsel in this case was violated by the prosecution surreptitiously recording Petitioner after indictment and before arrest and arraignm…
20-715 Jibriil A. Hersi v. Ed Sheldon, Warden Sixth Circuit 2020-11-24 Denied Response Waived criminal-procedure due-process evidence jury-authorization jury-trial police-conduct police-misconduct prosecutorial-discretion right-to-counsel trial-records 1) Whether I am entitled to get the missing records from my trial in Medina County, Ohio for statements made by the judge outside the hearing of the j…
20-6391 Timothy Ronald Hare v. Michigan Michigan 2020-11-20 Denied IFP constitutional-standard critical-stage effective-assistance ineffective-assistance lafler-v-cooper plea-bargaining prejudice prejudice-analysis right-to-counsel sixth-amendment united-states-v-cronic I. Does the requirement to prove prejudice under this Court's previous decision in Latter v Cooper, place a burden on the accused that this Court deem…
20-701 James Calvert v. Texas Texas 2020-11-20 Denied Relisted (6) capital-punishment capital-sentencing due-process eighth-amendment mental-competency right-to-counsel structural-error 1. Whether the Constitution prevents a State from allowing a defendant to represent himself in a capital case when the defendant is mentally competent…
20-6380 China Hester v. United States Sixth Circuit 2020-11-19 Denied Response WaivedIFP certiorari counsel criminal-procedure district-court due-process habeas-corpus ineffective-assistance legal-proceeding remand reversal-and-remand right-to-counsel standards-of-review Whether Ms. Hester may have received ineffective assistance of counsel such that certiorari should be granted, and this matter reversed and remanded.
20-688 Orlando Cordia Hall v. William P. Barr, Attorney General, et al. District of Columbia 2020-11-19 Denied access-to-counsel clemency clemency-process covid-19 covid-19-pandemic due-process execution-notice federal-death-penalty-act right-to-counsel ultra-vires In light of these facts, the question presented is whether the government should be allowed to move forward with Petitioner's execution on November 19…
20-6366 James W. Riley v. Delaware Delaware 2020-11-18 Denied Response WaivedRelisted (2)IFP 6th-amendment criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel right-to-self-representation Question not identified.
20-6372 Willie E. Ashe, Jr. v. United States District of Columbia 2020-11-18 Denied Response WaivedIFP constitutional-rights counsel-assistance geders-precedent geders-v-united-states plain-error presumptive-prejudice right-to-counsel sequestration sequestration-order sixth-amendment trial-interruption Whether the District of Columbia Court of Appeals erred in failing to reverse petitioner's convictions pursuant to the Sixth Amendment to the United S…
20-6352 G. N. W. v. New Jersey New Jersey 2020-11-17 Denied IFP criminal-procedure due-process prejudice prosecutorial-misconduct right-to-counsel speedy-trial Question not identified.
20-6341 Jason Harriman v. United States Eighth Circuit 2020-11-16 Denied Response WaivedIFP adequate-inquiry appointed-counsel appointment-of-counsel civil-rights court-inquiry criminal-procedure due-process indigent-defendant legal-representation right-to-counsel sixth-amendment 1. Whether a defendant's 6th Amendment right to counsel of choice extends to an indigent defendant who has appointed counsel. 2. The extent of the ad…
20-6232 Brian Dwight Peterson v. Randee Rewerts, Warden Sixth Circuit 2020-11-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel law-enforcement prosecutorial-misconduct right-against-self-incrimination right-to-counsel trial-procedure Question not identified.
20-6188 Joshua Chiazor Ezeka v. Minnesota Minnesota 2020-11-03 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights custodial-interrogation fifth-amendment miranda-v-arizona miranda-warning plain-error right-to-counsel sixth-amendment I. The Fifth Amendment, in coordination with Miranda v. Arizona, requires police officers to notify suspects of their right to remain silent and their…
20-6199 Jacob Townley Hernandez v. Suzanne M. Peery, Warden Ninth Circuit 2020-11-03 Denied Response RequestedRelisted (11)IFP certificate-of-appealability constitutional-claim counsel-communication gag-order habeas-corpus right-to-counsel sixth-amendment structural-error trial-court-order trial-procedure Before trial began, the trial court issued a concededly unjustified gag order that prohibited defense counsel from discussing with the defendant or an…
20-6176 Brandon J. Weathers v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Eighth Circuit 2020-10-30 Denied Response WaivedIFP civil-rights constitutional-claim due-process habeas-corpus ineffective-assistance-of-counsel pro-se pro-se-representation right-to-counsel standard-of-justice standard-of-review 1. Did the Court of Appeals correctly apply the interest of justice standard into the Petitioner's substitution of counsel claim where the trial facts…
20-546 Michigan v. Laricca Seminta Mathews Michigan 2020-10-26 Denied constitutional-interpretation criminal-procedure custodial-interrogation due-process fifth-amendment miranda-rights right-to-counsel sixth-amendment Should this Court grant certiorari to resolve the split in the United States Courts of Appeals and the state appellate courts regarding whether Mirand…
20-549 John Farrow, et al. v. Contra Costa County, California Ninth Circuit 2020-10-26 Denied Response RequestedResponse WaivedRelisted (2) bail circuit-split counsel-appointment criminal-procedure critical-stage due-process equal-protection indigent-defense right-to-counsel sixth-amendment Is a detainee's first appearance in court a "critical stage" of the proceedings, when bail is set and statutory liberty interests are adjudicated, as …
20-6110 Samuel Hogans v. United States Fourth Circuit 2020-10-22 Denied Response WaivedIFP constitutional-rights criminal-defendant pro-se-representation right-to-counsel self-representation sixth-amendment trial-procedure trial-proceedings Under the Sixth Amendment, is it constitutional for a competent criminal defendant to be denied the fundamental right to self-representation when the …
20-6061 Whittier Buchanan v. California California 2020-10-16 Denied Response WaivedIFP assistant-counsel constitutional-rights criminal-procedure due-process judicial-review legal-appeal right-to-counsel self-representation standby-counsel trial-transcripts witness-testimony I wish foR thE couat to decide clearly Whether My Soblic Defordon is lloived to assist the D.A. aftor the judge Relioved hen from her doties of sPRese…
20-6062 Montgomery Carl Akers v. United States Tenth Circuit 2020-10-16 Denied Response WaivedIFP appellate-jurisdiction civil-procedure criminal-process district-court due-process legal-counsel post-conviction-proceedings right-to-counsel standing subject-matter-jurisdiction THE APPELLATE COURT MUST FIRST CONSIDER WHETHER THE DISTRICT COURT HAS SUBJECT-MATTER JURISDICTION; and, SUBJECT-MATTER JURISDICTION MAY BE RAISED AT…
20-5954 Meryl S. McDonald v. Florida Florida 2020-10-08 Denied IFP criminal-procedure death-penalty death-sentence due-process equal-protection fourteenth-amendment post-conviction postconviction-counsel pro-se-filing right-to-counsel The question presented in this case is whether rule 3.851(b)(6)&(i) found in the Florida Rules of Criminal Procedure is unconstitutional and violates …
20-5934 Thomas Holden v. Sherry L. Burt, Warden Sixth Circuit 2020-10-07 Denied Response WaivedIFP appellate-procedure conflict-with-supreme-court constitutional-review due-process federal-law ineffective-assistance premeditated-intent right-to-counsel sixth-amendment sixth-circuit strickland-standard trial-court-error WHETHER A UNITED STATES COURT OF APPEALS HAS DECIDED AN IMPORTANT QUESTION OF FEDERAL LAW THAT CONFLICTS WITH RELEVANT DECISIONS OF THIS COURT, WHERE …
20-419 Stephen Robert Deck v. California California 2020-10-01 Denied Response Waived 14th-amendment attempt attempt-offense custodial-arrest due-process jury-instructions jury-unanimity right-to-counsel search-warrant temporal-element unanimity 1. Whether the temporal direct step element of an attempt offense may be changed by jury instructions to occur on the charged "on or about" dates, or …
20-5859 Kevin Blanke v. Utah Board of Pardons and Parole Utah 2020-10-01 Denied IFP access-to-courts civil-procedure due-process judicial-review right-to-counsel standing In the interest of Justice, can a state Supceme court or a state court of Appeals, make disisions on issues in a civil ease the state district cour…
20-5884 Charles Chad Giese v. California California 2020-10-01 Denied Response WaivedIFP criminal-procedure custodial-interrogation due-process miranda-rights prosecutorial-misconduct right-to-counsel right-to-defense self-defense self-incrimination I. Did Police Violated Giese's Miranda Rights by Interrogating Him While He was in Custody? II. By Excluding Evidence of the Decedent's Drug Use, Was…
20-5743 Johnny Melendez v. United States First Circuit 2020-09-17 Denied Response WaivedIFP career-criminal-act constitutional-rights ineffective-assistance narcotics-possession prior-conviction right-to-counsel sentencing sentencing-enhancement Should a writ of certiorari should be granted to determine if counsel rendered ineffective assistance when it allowed the court to rely on a prior con…
20-5708 Fagbemi Miranda v. Massachusetts Massachusetts 2020-09-15 Denied Response WaivedIFP criminal-defense criminal-procedure defendant-rights fundamental-decision fundamental-decisions legal-representation right-to-counsel self-representation sixth-amendment trial-strategy Does the defendant's Sixth Amendment right to make fundamental decisions about his case include the right to choose which defense to present at trial?
20-5629 Lester Waller v. Vance Laughlin, Warden Georgia 2020-09-09 Denied Response WaivedIFP due-process expert-witness-testimony fourteenth-amendment ineffective-assistance prosecutorial-misconduct right-to-counsel sixth-amendment trial-court-error waiver-of-counsel Did the Trial Court err when it determined Defendant's waiver of counsel was valid thus violating his Sixth Amendment Right to Counsel and his Fourtee…
20-5569 Carlos Garcia-Toro v. Ohio Ohio 2020-09-03 Denied Response WaivedIFP conflict-of-interest criminal-defense criminal-procedure fourteenth-amendment homicide ineffective-assistance right-to-counsel sixth-amendment Does the Sixth and Fourteenth Amendment of the federal Constitution guarantee the right to conflict free counsel if defense counsel represents multipl…
20-244 James Michael Fayed v. California California 2020-08-31 Denied double-jeopardy due-process fundamental-fairness right-to-counsel separate-sovereigns silver-platter-doctrine sixth-amendment uncharged-allegations Whether the Sixth Amendment right to counsel attaches on uncharged murder allegations when a defendant is brought to court to defend himself against t…
20-5475 Archie Cabello, aka Archibaldo Cabello, aka Archie Cabello, Jr., aka Archie P. Cabello, aka Arquimedes Cabello, aka Archie Palumbo v. United States Ninth Circuit 2020-08-24 Denied Response WaivedRelisted (2)IFP 60(b)(4) 60(b)(6) constitutional-rights counsel-of-choice due-process extraordinary-circumstances federal-law plea-petition right-to-counsel sixth-amendment 1) When thegovernment moves to strip a defendant of hiscounsel of choice,does the court have any obligation to hold to inquire and determine what the…
20-5419 Michael D. Dyer v. Aimee Smith, Warden, et al. Georgia 2020-08-19 Denied IFP civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining prosecutorial-misconduct right-to-counsel Question not identified.
20-5384 Jerome Nathan Grant v. United States, et al. Second Circuit 2020-08-18 Denied Response WaivedIFP civil-procedure civil-rights constitutional-claim due-process equal-protection federal-court-review pro-se-petition right-to-counsel sentencing-enhancement standing Question not identified.
20-5379 Keith Adair Davis v. Washington Washington 2020-08-17 Denied Amici (2)Response RequestedResponse WaivedRelisted (2)IFP adversarial-process constitutional-rights criminal-procedure criminal-trial defense-counsel due-process pro-se-defendant right-to-counsel sixth-amendment unsettled-law Where a pro se defendant is absent from a criminal trial, whether due to misconduct or voluntary choice, is the trial court constitutionally required …
20-5304 Stephon Williams v. United States Eleventh Circuit 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP adverse-effect conflict-of-interest criminal-trial cross-examination effective-assistance-of-counsel eleventh-circuit right-to-counsel sixth-amendment supreme-court-precedent witness-representation Whether Mr. Williams' Sixth Amendment right to conflict-free counsel was violated when his trial counsel simultaneously represented a witness testifyi…
20-5272 Jomiah Washington v. Willis Chapman, Warden Sixth Circuit 2020-08-05 Denied Response WaivedIFP coerced-testimony due-process habeas-corpus habeas-review initial-arraignment right-to-counsel sixth-amendment witness-coercion 1. Whether The Sixth Circuit Court Of Appeals erred and made a decision that conflicts with this Court's holding in Rothgery v Gillespie . 128 Set 257…
20-5188 Adelso Barnes v. Janet Dowling, Warden Tenth Circuit 2020-07-28 Denied Relisted (2)IFP actual-innocence aedpa-exception criminal-procedure due-process habeas-corpus legal-consultation miscarriage-of-justice plea-change right-to-counsel 1. Whether an affirmative statement that Mr. Barnes wished to remain in the county jail for the critical ten-day period entitles Mr. Barnes to the con…
20-5173 Juan Domingo Velazquez v. Texas Texas 2020-07-24 Denied IFP court-appointed-counsel criminal-procedure defendant-rights due-process ineffective-assistance jury-trial plea-of-not-guilty right-to-counsel sixth-amendment structural-error Was it "structural error" that violated Petitioner's Sixth Amendment autonomy rights when Petitioner's court appointed counsel conceeded his client's …
20-59 Charles R. Campbell v. Hollie Bennett, et al. Fourth Circuit 2020-07-23 Denied Relisted (2) due-process equal-protection family-court family-rights right-to-counsel rooker-feldman self-incrimination sixth-amendment state-actor state-bar Coincident May 2013 Divorce action and mandated co-Parental Evaluation, Petitioner, a long-time professional with no previous criminal history, was fa…
20-5121 Brayan Gutierrez-Diaz v. United States Ninth Circuit 2020-07-21 Denied Response WaivedIFP appointed-counsel criminal-procedure due-process fifth-amendment interrogation miranda-warning right-to-counsel self-incrimination Whether and to what extent a mistranslated Miranda warning, which does not reasonably convey the right to appointed counsel during interrogation, fail…
20-5097 Robert Earnest Wilkerson v. Texas Texas 2020-07-17 Denied IFP appeals criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel Appellant has a sincere religious belief in his use of psilocin mushrooms for religious ceremonies. The Texas Courts erred in finding that error was n…
20-5010 Danny Lee Warner, Jr. v. Montana Montana 2020-07-09 Denied Response WaivedIFP attorney-client-privilege due-process evidentiary-hearing eyewitness-identification fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment 1. Petitioner filed a timely Motion for that prosecutors listened to privileged phone call's before trial .trial after discovering new and during The …
19-8919 Scott Clevenger v. Shawn Phillips, Warden Sixth Circuit 2020-07-08 Denied Response WaivedIFP constitutional-rights criminal-procedure custodial-interrogation evidence-suppression miranda-rights right-to-counsel self-incrimination suppression-of-evidence Whether Petitioner's self-incriminating statements that was given while he was in custodial interigation without him first being notified of his Miran…
19-1474 Tyler Herndon v. Pennsylvania Pennsylvania 2020-07-08 Denied Response Waived collateral-order-doctrine criminal-procedure due-process habeas-corpus habeas-corpus-relief hearsay-evidence right-to-counsel sixth-amendment A. Whether the Pennsylvania Supreme Court's refusal to review the Trial Court's Denial Order on a Petition for Habeas Corpus Relief, in a case where a…
19-1428 Tina L. Morin v. Montana Office of Disciplinary Counsel Montana 2020-07-02 Denied Response Waived constitutional-rights disciplinary-counsel disciplinary-proceedings due-process Fourteenth-Amendment guardianship legal-ethics legal-representation professional-conduct right-to-counsel Did the COP violate Morin's due process rights under the Fourteenth Amendment when the COP ordered Morin suspended from practice for allegedly violati…
19-8892 Edwin G. Perez-Cubertier v. United States First Circuit 2020-07-02 Denied Response WaivedIFP collateral-proceeding collateral-proceedings counsel-rights first-circuit ineffective-assistance ineffective-assistance-of-counsel massaro-precedent right-to-counsel sixth-amendment speedy-trial statutory-interpretation withdrawal-from-conspiracy In Massaro v. United States, 538 U.S. 500 (2003), this Court held that a convicted federal defendant may first bring an ineffective assistance of coun…
19-8804 A. M. v. Indiana Indiana 2020-06-24 Denied Response WaivedIFP 14th-amendment counsel-representation due-process fair-proceedings fourteenth-amendment ineffective-assistance-of-counsel juvenile-delinquency liberty-interest right-to-counsel 1. Does the Due Process Clause of the Fourteenth Amendment provide children a right to counsel at all proceedings where their liberty is at stake? 2.…
19-8760 Stefan Stewart v. Florida Florida 2020-06-19 Denied Response WaivedIFP conflict-of-interest criminal-procedure cross-examination due-process ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion witness witness-representation A) When the defense attorney previously represented the states key witness who now has conflicting interests with the defendant, does this amount to a…
19-8730 Westley Kennedy v. United States Eleventh Circuit 2020-06-17 Denied Response WaivedIFP 6th-amendment adversarial-process conflict-of-interest guilty-plea right-to-counsel sixth-amendment structural-error The Sixth Amendment guaranteed Westley Kennedy the right to counsel with undivided loyalties. The government knew that Kennedy's court-appointed lawye…
19-8705 Barry Arkim, aka Edward Mason v. Joseph Noeth, Superintendent, Attica Correctional Facility New York 2020-06-15 Denied IFP 5th-amendment 6th-amendment confrontation-clause criminal-procedure due-process right-to-counsel teVrtA f.W«iS^r^\i oner's tAcVi©A $ciX hho*\o re\\ef 1 ^ AnS^eV* TVie ^uesViorx v^as nc^ ^jAYeSS^ Ae\6b5<eery
19-8650 Sebastian Albert Campbell v. Maryland Maryland 2020-06-09 Denied Response RequestedRelisted (3)IFP constitutional-rights criminal-procedure defense-tools due-process fair-trial legal-standard right-to-counsel self-representation trial-fairness Did the state of Maryland err by utilizing an improper legal standard in its determination that compelling Petitioner to relinquish his right to self-…
19-8470 Raymond K. Walker v. United States Eighth Circuit 2020-05-15 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-right counsel-refusal court-order due-process effective-assistance-of-counsel ineffective-assistance judicial-review procedural-default right-to-counsel sixth-amendment 1. Refusal of Price Counsel to Comply TUS XC.5 Continual request asad Couch orders bo file aaa tbiduvik telttiag ollesabtons of imeQte ecdiveness c…
19-8433 Anthony Paul John v. Florida Florida 2020-05-11 Denied Response WaivedIFP constitutional-rights due-process evidentiary-hearing fifth-amendment fourteenth-amendment habeas-corpus post-conviction-relief postconviction-relief right-to-counsel sixth-amendment WHETHER THE COURTS BELOW DECIDED AN IMPORTANT FEDERAL QUESTION IN A WAY THAT CONFLICTS WITH THE RELEVANT DECISIONS OF THIS HONORABLE COURT WHEN THEY D…
19-8382 Christopher Ewing, aka Alex Christopher Ewing v. Nevada Nevada 2020-04-30 Denied Response WaivedIFP criminal-procedure due-process extradition extradition-hearing fourteenth-amendment indigent-defendant right-to-counsel sixth-amendment statutory-interpretation Whether the Uniform Criminal Extradition Act's guarantee that defendants have the right to "demand and procure counsel" requires state courts to appoi…
19-8345 In Re Steven Ciotta 2020-04-23 Denied IFP civil-rights constitutional-violation due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule procedural-default retroactive-application retroactivity right-to-counsel Yielding to a ends of justice inquire in regards to a federal application for writ of habeas corpus, should review be granted in the spirit of correct…
19-8331 Jose A. Rodriguez v. Thomas Griffin, Superintendent, Green Haven Correctional Facility Second Circuit 2020-04-22 Denied IFP constitutional-error constructive-amendment criminal-procedure due-process felony-offense grand-jury indictment ineffective-assistance penal-law right-to-counsel 1. Whether the State Court constructively amended the indictment which charged petitioner on September 1, 2009 through September 1, 2010, before the N…
19-8324 James William Hornsby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-04-21 Denied IFP adversarial-process brain-injury constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment strickland-v-washington (1) Whether the district courts denial of relief and determination of whether a breakdown in the adversarial process was created by the trial courts …
19-8266 James Heard v. Illinois Illinois 2020-04-15 Denied IFP appellate-review circuit-court-procedure constitutional-rights criminal-procedure due-process judicial-discretion pro-se-representation right-to-counsel self-representation trial-court 1. Whether the trial court erred in denying James Heard's pre-trial motion to proceed pro Se? 2. Whether the appellate court unreosonably applied the…
19-8151 Michael John Alcocer Roa v. United States Eleventh Circuit 2020-04-01 Denied Response WaivedIFP constitutional-rights counsel-denial criminal-procedure critical-stage due-process interlocutory-appeal right-to-counsel sixth-amendment united-states-v-cronic Does an interlocutory appeal is a critical stage? If yes, does a denial of counsel during an interlocutory appeal constitutes a violation of Sixth Ame…
19-8112 Mustafa Ali v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2020-03-27 Denied IFP certificate-of-appealability coerced-confession coerced-statement criminal-procedure due-process habeas-corpus jurisdiction-challenge pretextual-arrest right-to-counsel unwanted-counsel 1. Whether the Court of Appeals denying Application for Certificate of Appealability and Petition for Rehearing/Rehearing en Banc is contrary to this …
19-8104 Juan Gonzalez-Arias v. United States First Circuit 2020-03-26 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure drug-trafficking fourth-amendment home-search nexus probable-cause right-to-counsel search-warrant sixth-amendment 1. Was there sufficient evidence of probable cause to establish a nexus between Mr. Gonzalez-Arias's drug trafficking activity and his home to justify…
19-8091 Vernon Wayne Officer v. Washington Washington 2020-03-24 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defense due-process fair-trial ineffective-counsel judicial-discretion pro-se-defendant right-to-counsel sixth-amendment trial-procedure D IS iT NOT TRUE ON OCT 12 2O1A, I WAS DENIED RE-ADONTMENT OF COUNSEL, DURING JURY TRIAL, NOT BECAUSE OF DELAY IN TRIAL? BOT BECAUSE I SIQNED RE-APPOI…
19-8052 Mohamed A. Almahmmody v. Tennessee Tennessee 2020-03-20 Denied Response WaivedIFP the legal issue being raised appears to be: appeal court-appointed-counsel criminal-appeal criminal-procedure due-process in-forma-pauperis indigency indigent-defendant pro-bono-representation right-to-counsel transcript trial-transcript Question not identified.
19-8039 Jeffrey Clark v. Louisiana Louisiana 2020-03-18 Denied IFP counsel-conflict criminal-trial death-penalty due-process eighth-amendment faretta-waiver jury-trial right-to-counsel right-to-self-representation self-representation sixth-amendment Mr. Clark represented himself at trial because his lawyer planned to concede his guilt of second-degree murder. The Louisiana Supreme Court held the F…
19-8005 Harrison Garcia v. United States Eleventh Circuit 2020-03-16 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing direct-appeal edwards-v-arizona first-step-act mandatory-minimum mandatory-minimums right-to-counsel sentencing sentencing-retroactivity statutory-interpretation Whether Section 403 of the First Step Act of 2018, enacted while Petitioner's case was pending on direct appellate review, apply where his sentence is…
19-7962 Rodney Jerome Womack v. James Robertson, Warden Ninth Circuit 2020-03-11 Denied IFP criminal-procedure habeas-corpus ineffective-assistance-of-counsel prior-convictions representation-by-counsel right-to-counsel sentencing sentencing-enhancement APPEALA c CO Ai ) PfcTLTtkrLlER S£ERTtfl.Ci\T£ OfRested ££>uari _V o/u q me puE«>Tio iu ; UUAS PETITIOMER REPRESENTED 6s? EQUNSEL X IVi 1*182. PRIOR…
19-7967 Kenneth Durant v. Frank Lawrence, Warden Seventh Circuit 2020-03-11 Denied Response WaivedIFP access-to-courts appellate-counsel appellate-procedure constitutional-rights filing-deadlines habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-remedy procedural-due-process right-to-counsel tolling o -K / r i a I -PQch! C\\o^h\ '+° 3. Tke a4<rte 5 reboiM 4 \os>I Assistance C ounS-C ;_L-ne i\/f -Pa \ r 4r (1 a. arG^y^^en 4~D i^e-rPtsc' hv/«ApptelU…
19-7925 Ronald O'Rourke v. Jacqueline Lashbrook, Warden Seventh Circuit 2020-03-10 Denied IFP 6th-amendment confrontation-clause constitutional-rights counsel criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance-of-counsel reasonable-conduct right-to-counsel sixth-amendment suppressed-evidence trial-court-discretion WHETHER THE Trial Court Abused Discretion in allowing a Rage, Hansa h tlie Oe 2 a, MLN ae AoUurs. is a samt ot OSs stylte of Coupse/ Sok ALling to GQ …
19-7948 Omar N. Davis v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-03-10 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment trial-counsel The main question in this petition is whether a petitioner's due process rights were violated because he had ineffective assistance of counsel. Here, …
19-7868 Steven B. Turner v. Mike Kemna Eighth Circuit 2020-03-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-relief right-to-counsel sentencing sixth-amendment trial-fairness In Missouri, it is an ensuing plea of guilty that implicates the constitution. A criminal defendant cannot succeed on a post-conviction claim of ineff…
19-7856 Richard Kenneth Djerf v. David Shinn, Director, Arizona Department of Corrections Ninth Circuit 2020-03-03 Denied IFP circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel pro-se-representation right-to-counsel sixth-amendment waiver-of-counsel In a state capital murder case, the state prosecutor and trial court recognized on the record that trial counsel were not properly investigating and p…
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…
19-1071 Gerald Claude Carlson v. United States Ninth Circuit 2020-02-28 Denied Response Waived circuit-split counsel-of-choice criminal-procedure delay due-process inconvenience judicial-discretion motion-to-terminate right-to-counsel sixth-amendment standard-of-review supervisory-powers 1. Whether the Carlson Court's Memorandum Opinion conflicts with other Ninth Circuit opinions holding that a finding of substantial or undue delay is …
19-1060 Victor Thomas v. New York New York 2020-02-26 Denied Amici (2)Response Waived appeal appellate-jurisdiction criminal-defendant criminal-procedure garza-v-idaho jurisdiction right-to-counsel sixth-amendment supreme-court-precedent waiver waiver-of-appeal Whether a provision in a waiver of appeal that forbids a criminal defendant from filing a notice of appeal, and in so doing also strips superior court…
19-7791 Jermaine Michael Jackson v. Pennsylvania Pennsylvania 2020-02-26 Denied Response WaivedIFP alibi-defense civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sixth-amendment 1. DID THE SUPERIOR COURT FAIL TO ANALYSIS PETITIONER CLAIM UNDER THE PRESUMPTION OF PREJUDICE STANDARD UNDER CRONIC? 2. WAS TRIAL COUNSEL ABANDONMEN…
19-7743 Robert Paul Langley, Jr. v. Oregon Oregon 2020-02-24 Granted IFP appointment-of-counsel attorney criminal-procedure marion-county-circuit-court oregon-supreme-court state-court-procedure breakdown-in-communication criminal-procedure effective-assistance-of-counsel indigent-defendant right-to-counsel sixth-amendment Question not identified.
19-7758 Lin Ouyang v. Achem Industry America, Inc. California 2020-02-24 Denied Response WaivedIFP 14th-amendment appeal civil-procedure civil-rights court-appointed-counsel criminal-appeal criminal-procedure due-process equal-protection equal-protection-clause fourth-amendment indigent-defendant indigent-rights misdemeanor-conviction right-to-counsel Whether the state court's dismissal of the appeal from misdemeanor conviction, despite the lack of assistance of counsel on appeal, violates the Equal…
19-7662 Juan Orellana v. Raymond Madden, Warden Ninth Circuit 2020-02-20 Denied Response WaivedIFP 5th-amendment 5th-amendment-violation admissibility-of-statement criminal-procedure criminal-trial custodial-interrogation due-process evidence-admission fifth-amendment obstruction right-to-counsel unambiguous-request Whether Orellana's Fifth Amendment right to counsel was violated when, in the course of custodial interrogation, the detective obstructed Orellana's u…
19-7723 James William Brammer v. Raymond Madden, Warden Ninth Circuit 2020-02-20 Denied Response WaivedIFP certiorari circuit-split criminal-procedure critical-stage motion-for-new-trial new-trial right-to-counsel sixth-amendment writ-of-certiorari HI. DOES THE SIXTH AMENDMENT'S RIGHT TO COUNSEL, INCLUDE APPOINTMENT OF COUNSEL FOR PROSECUTION OF MOTION FOR A NEW TRIAL? 112. IS A MOTION FOR A NEW…
19-7674 Kyle K. Clark v. Kevin Lindsay, Warden Sixth Circuit 2020-02-14 Denied Response RequestedResponse WaivedRelisted (2)IFP competency-hearing criminal-procedure criminal-responsibility cronic-standard right-to-counsel sixth-amendment state-action united-states-v-cronic DID THE SIXTH CIRCUIT DEPART FROM THIS COURT'S PRIOR DECISIONS AND CREATE A CONFLICT WITH ITS OWN PRECEDENT AND A SPLIT WITH OTHER CIRCUITS REQUIRING …
19-7625 Robert L. Swinton, Jr. v. Florida Florida 2020-02-12 Rehearing Response WaivedRelisted (2)IFP appeal constitutional-rights criminal-procedure criminal-procedure-appeal due-process ineffective-assistance-of-counsel right-to-counsel sentencing sentencing-errors sentencing-guidelines sixth-amendment structural-error (1) Is it structural error when sentencing errors were corrected by appeals court on direct appeal without defense counsel, and a constitutional denia…
19-7651 Craig Keyon White v. Robert Fox, Warden Ninth Circuit 2020-02-12 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process eyewitness-identification ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment (1) Whether the unduly suggestive pretrial identification procedure and resulting unreliable identifications admitted against White at his criminal tr…
19-7601 Craig K. Garrett v. Joseph Madder, et al. Ninth Circuit 2020-02-10 Denied IFP civil-rights constitutional-rights criminal-procedure digital-privacy due-process effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel law-enforcement probable-cause prosecutorial-misconduct public-defender right-to-counsel search-and-seizure state-attorney Question not identified.
19-7611 D'Marlo Levonne Faulk Johnson v. North Carolina North Carolina 2020-02-10 Denied IFP 6th-amendment appeal-process appellate-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal post-conviction right-to-counsel sixth-amendment Does the Sixth Amendment Right To Counsel extend to the Appellate process? Whether the effective assistance of Counsel when Petitioner are to they re…
19-7617 Donato Amaya-Rivas v. United States Eleventh Circuit 2020-02-10 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining right-against-self-incrimination right-to-counsel sentencing sentencing-enhancement I. Whether a defendant who raises for the first time on appeal that his plea is unconstitutional because it was entered unknowingly and involuntarily …
19-7621 Allanah Benton v. Shawn Brewer, Warden Sixth Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-counsel appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-counsel DID THE STATE AND FEDERAL COURTS VIOLATE MS. BENTON'S RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL AND APPELLATE COUNSELS IN VIOLATION OF U.S. CONSTITUTIONA…
19-952 Michael David Goodwin v. United States Fifth Circuit 2020-01-30 Denied Response Waived attorney-client-relationship change-of-plea criminal-defendant criminal-procedure ineffective-assistance local-counsel right-to-counsel sixth-amendment Whether an attorney's presence as local counsel, for a criminal defendant's re-arraignment and change of plea, yet having no attorney-client relations…
19-7377 Gerald Adger v. New York New York 2020-01-23 Denied Response WaivedIFP 6th-amendment appeal appellate-counsel conflict-of-interest criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-argument procedural-error right-to-counsel trial-counsel weight-of-evidence 1. WAS THE APPELLATE ATTORNEY DAVID R. JUERGENS INEFFECTIVE ASSISTANCE OF COUNSEL FOR NOT RAISING ANY LEGAL ARGUMENT AGAINST THE WEIGHT OF EVIDENCE? …
19-7385 Arthur Lee Kimbel v. Texas Texas 2020-01-23 Denied IFP anders-brief appellate-procedure appellate-review constitutional-law constitutional-requirement criminal-procedure due-process ineffective-assistance judicial-procedure pro-se pro-se-claims right-to-counsel When an Appellant files an Appellate Brief raising Pro Se claims after appointed counsel submits an Anders Brief, is the reviewing appellate court con…
19-7347 Broderick Marshall v. Texas Texas 2020-01-21 Denied IFP appeals civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-appeal right-to-counsel right-to-jury-trial standing Question not identified.
19-7287 Joey Banks v. Darrel Vannoy, Warden Fifth Circuit 2020-01-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-procedure Whether Banks was denied his constitutional right to the effective assistance of counsel. Whether Banks's trial was adversely affected in violation o…
19-877 Asmerom Gebreselassie v. Scott Frauenheim, Warden Ninth Circuit 2020-01-15 Denied Response Waived 5th-amendment 6th-amendment certificate-of-appealability counsel-of-choice due-process fifth-amendment right-to-counsel right-to-present-evidence self-representation sixth-amendment DID THE NINTH CIRCUIT COURT OF APPEALS ERR IN FAILING TO GRANT A CERTIFICATE OF APPEALABILITY ON ANY OF THE FOUR ISSUES PRESENTED REGARDING FUNDAMENTA…
19-7268 Acharayya Rupak v. United States Ninth Circuit 2020-01-14 Denied Response WaivedRelisted (2)IFP continuance criminal-procedure due-process plain-error-review plea-bargaining retained-counsel right-to-counsel sentencing sixth-amendment standard-of-review 1. This Court has held that the right to the retained counsel of one's choice is the "root meaning" of the Sixth Amendment guarantee. Here, the distri…
19-7223 Erik Bilal Khan v. United States Tenth Circuit 2020-01-10 Denied Response WaivedIFP arraignment counsel-duty criminal-procedure criminal-procedure-ineffective-assistance-counsel ineffective-assistance lesser-crimes plea-bargaining prejudice prejudice-standard reasonable-probability right-to-counsel Does the right of a defendant to the effective assistance of counsel at every critical stage of a criminal proceeding, including arraignment, encompas…
19-7246 Keith Harris v. United States Third Circuit 2020-01-10 Denied Response WaivedIFP confrontation-clause crawford-rule crawford-v-washington cross-examination hearsay informants law-enforcement-testimony lay-opinion-testimony right-to-counsel sixth-amendment witness-testimony whether the admission of law enforcement testimony that goes to whether a defendant was a participant in a conspiracy based on information provided by…
19-7237 Christopher L. Croom v. Illinois Illinois 2020-01-09 Denied Response WaivedIFP admonishment conflict-of-interest constitutional-rights criminal-procedure defendant judicial-admonishment jury-bias right-to-counsel trial-court trial-court-admonishment waiver Does a defendant knowingly waive the right to conflict free counsel when the trial court merely admonishes the defendant that a conflict exists, witho…
19-7181 Anna Bell v. Oregon Health & Science University Oregon 2020-01-06 Denied Response WaivedIFP 14th-amendment 7th-amendment access-to-justice civil-procedure civil-rights constitutional-rights due-process equal-protection jury-trial pro-se-representation right-to-counsel right-to-jury-trial self-representation 1) Does denying a pro se individual or public a proper course of justice by a Court violate prior U.S. Supreme Court rulings and The Ninth Amendment t…
19-7093 Oscar Ibarra v. Nick Ludwick, Warden Eighth Circuit 2019-12-31 Denied Response WaivedIFP conflict-of-interest criminal-procedure indigent-defendant ineffective-assistance murder right-to-counsel sixth-amendment I. Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented bot…
19-7109 J'Veil Outing v. Miguel A. Cardona, Commissioner, Connecticut Department of Correction Connecticut 2019-12-31 Denied Response WaivedIFP appeal appellate-record due-process expert-testimony eyewitness-identification eyewitness-testimony ineffective-assistance precedent right-to-counsel sixth-amendment I. WHETHER ASSIGNED COUNSEL VIOLATED THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO COUNSEL AND HIS RIGHT TO DUE PROCESS BY FAILING TO PRESERVE FOR APPEAL A…
19-7090 Warren Evans, Jr. v. United States Fourth Circuit 2019-12-30 Denied Response WaivedIFP appeal appellate-procedure attorneys-fees copyright-law copyright-registration effective-assistance effective-assistance-of-counsel federal-rules-of-appellate-procedure flores-ortega 19-708" ineffective-assistance-of-counsel infringement notice-of-appeal publication-status registration-accuracy right-to-counsel roe-v-flores-ortega sixth-amendment Whether a court can invalidate a copyright registr 1. Whether application of the deadline for filing a Notice of Appeal under the Federal Rules of Appellate Procedure violates the appellant's right to …
19-7082 Mark J. Lipski v. Maine Maine 2019-12-27 Denied Response WaivedIFP constitutional-law constitutional-protection conviction-consequences criminal-procedure due-process economic-disadvantage indigent-defense ineffective-assistance judicial-oath legal-ethics legal-representation liberty-interests right-to-counsel state-prosecution 1)Was this case criminal in nature? 2)Was the right to counsel waived? 3)Would an impoverished layman have the needed skills and ability to defend h…
19-812 Charles T. Marshall v. Federal Trade Commission Ninth Circuit 2019-12-27 Denied Response Waived 5th-amendment civil-procedure civil-rights constitutional-rights contempt due-process fifth-amendment right-to-counsel self-incrimination summary-judgment 1. Whether a civil defendant invoking the privilege against self-incrimination in his pleadings and discovery responses, is unconstitutionally penaliz…
19-7066 Evaristo Toscano v. Joe A. Lizarraga, Warden Ninth Circuit 2019-12-26 Denied IFP 6th-amendment confrontation-clause due-process effective-assistance-of-counsel evidence-tampering harmless-error judicial-bias prejudice-comments redacted-statement right-to-counsel right-to-present-defense sixth-amendment Whether a violation of petitioner's right granted by the Confrontation Clause of the United States Constitution was harmless beyond a reasonable doubt…
19-7029 In Re Paul Fahring 2019-12-20 Denied IFP access-to-courts civil-rights constitutional-claims due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion prison-law-library prison-litigation pro-se-litigation right-to-counsel standing Does an inmate have access to the courts if all of the state courts refuse to address his issues in a timely manner? Does the First Amendment guarant…
19-7004 Mario Torres v. Shawn Hatton, Warden Ninth Circuit 2019-12-18 Denied Response WaivedIFP blanket-policy brady-violations criminal-defendant-rights criminal-procedure discovery due-process evidence-withholding exculpatory-evidence federal-law ineffective-assistance plea-agreement policy right-to-counsel unreasonable-application Whether Contra Costa County California's blanket policy of depriving a criminal defendant, the facts and the evidence (exculpatory or otherwise), surr…
19-6953 Donovan G. Davis, Jr. v. United States Eleventh Circuit 2019-12-16 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-proceeding critical-stage direct-appeal new-trial new-trial-motion right-to-counsel sentencing sentencing-guidelines sentencing-procedure The Constitution guarantees the assistance and choice of counsel for a critical-stage in a criminal proceeding. Ancient statute guarantees every indiv…
19-772 Albert Diaz v. United States Fifth Circuit 2019-12-16 Denied Response Waived criminal-investigation criminal-procedure due-process formal-charges grand-jury pre-indictment prosecutorial-discretion right-to-counsel sixth-amendment target target-designation Whether the Fifth Circuit Court of Appeals correctly held that the Sixth Amendment right to counsel does not attach once the United States has focused…
19-6934 Dexter Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-12-13 Denied IFP buck-doctrine buck-v-davis certificate-of-appealability fifth-circuit gonzalez-precedent habeas-corpus habeas-relief ineffective-assistance-of-counsel right-to-counsel rule-60(b)(6) successive-petition successive-petitions 1. Whether the Fifth Circuit has misinterpreted Buck by requiring Mr. Johnson to plead a meritorious claim for habeas relief in his Rule 60(b)(6) moti…
19-6912 David Abara v. Jack Palmer, Warden, et al. Ninth Circuit 2019-12-12 Denied Response WaivedIFP appeal competency competency-exam criminal-procedure faretta-canvass irreconcilable-conflict right-to-counsel self-representation sixth-amendment trial-court SHOULD THIS COURT ADDRESS, IN QUESTION OF FIRST-IMPRESSION, WHETHER IT VIOLATES THE SIXTH AMENDMENT RIGHT TO COUNSEL FOR A TRIAL COURT TO FORCE A DEFE…
19-6844 Fabian Santiago v. Arthur F. Hill, Associate Judge, Circuit Court of Illinois, Cook County Illinois 2019-12-05 Denied Response WaivedIFP conflict-of-interest constitutional-rights criminal-conspiracy cruel-and-unusual-punishment due-process equal-protection fair-trial habeas-corpus impartial-adjudication ineffective-assistance-of-counsel judicial-misconduct legal-representation right-to-counsel A.) The Petitioner presents the inquiry into the U.S.Ct, whether the refusal of the legftl rep resentative (sic) of the ftetitioner durirg arraignment…
19-6846 James W. Riley v. Dana Metzger, Warden, et al. Third Circuit 2019-12-05 Denied Response WaivedRelisted (2)IFP appeal-as-of-right constitutional-interpretation criminal-procedure due-process effective-assistance-of-counsel habeas-corpus judicial-review legal-precedent right-to-counsel sixth-amendment standing state-court statutory-analysis third-circuit-court Where the tril judge failed to revew evidence of trial coursel's gross misconduct of Fraud identical to the issues addressed in this Court's decision …
19-6856 James W. Riley v. Delaware Delaware 2019-12-05 Denied Response WaivedRelisted (2)IFP capital-punishment conflict-of-interest constitutional-rights criminal-procedure due-process evidentiary-considerations fair-trial ineffective-assistance-of-counsel judicial-misconduct judicial-review right-to-counsel right-to-fair-trial sentencing sentencing-discretion Should this court extend Its Hurst v. Florida ruling to the pre-trial and trial stages of capital murder case where it is shown that the Judge's sente…
19-6801 Marcos Palomar v. Raymond Madden, Warden Ninth Circuit 2019-12-03 Denied Response WaivedIFP constitutional-rights criminal-procedure custodial-interrogation due-process fifth-amendment miranda-rights police-advisement police-interrogation right-to-counsel sixth-amendment Whether a Miranda v. Arizona 384 U.S. 436 (1966), rights advisal is invalid if police indicate the right to appointed counsel prior to questioning is …
19-6781 Donato Luna-Quintero v. Indiana Indiana 2019-11-29 Denied Response WaivedIFP constitutional-rights due-process effective-assistance effective-assistance-of-counsel foreign-defendant jury-trial language-barrier language-barriers limited-english-proficiency right-to-counsel waiver Is a defendant's constitutional right to a jury trial properly waived, and is counsel providing effective assistance, when the defendant, a foreign ci…
19-6790 Mark Gerth v. Warden, Allen Oakwood Correctional Institution Sixth Circuit 2019-11-27 Denied Response WaivedIFP appellate-procedure constitutional-rights direct-appeal due-process ineffective-assistance-of-counsel reopened-appeal right-to-counsel Whether Petitioner had a constitutional right to counsel, and thus the right to effective counsel, after the Court of Appeals for the First Appellate …
19-6731 Travell Henry v. Patrick Warren, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel investigation right-to-counsel self-incrimination sixth-amendment trial-strategy witness witness-testimony I. WAS MR. HENRY 'S TRIAL COUNSEL, PATRICK NYENHUS, FAILED TO PROVIDE CONSTITUTIONALLY EFFECTIVE ASSISTANCE OF COUNSEL? A). Counsel was ineffective w…
19-6734 Arthur Lopez v. Cheryl Lopez California 2019-11-22 Denied IFP appeals appellate-procedure civil-litigation civil-procedure civil-rights court-jurisdiction domestic-relations due-process equal-protection family-law habeas-corpus indigent right-to-counsel standing Question not identified.
19-6735 Kwok Cheung Chow, aka Raymond Chow, aka Ha Jai v. United States Ninth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-principles counsel-of-choice courtroom-closure government-interest governmental-interest harmless-error overriding-interest public-trial right-to-counsel sixth-amendment 1. In Presley v. Georgia, 558 U.S. 209 (2010), this Court held the right to a public trial in criminal cases extends to the entire trial, and any clos…
19-6696 Barbara Myers-McNeil v. North Carolina North Carolina 2019-11-20 Denied Response RequestedResponse WaivedRelisted (3)IFP appellate-procedure civil-rights criminal-procedure due-process equal-protection indigent-defense language-access right-to-counsel transcript Question not identified.
19-6700 Abid Naseer v. United States Second Circuit 2019-11-20 Denied Response WaivedIFP advisement appellate-review district-court right-to-counsel self-representation sixth-amendment standard-of-review waiver 1. Whether the Second Circuit Court of Appeals applied an incorrect standard in concluding that Petitioner knowingly and intelligently waived his Sixt…
19-644 Melba L. Ford v. United States Ninth Circuit 2019-11-19 Denied Response Waived anomalies civil-forfeiture constitutional-rights doj due-process irs judicial-review legal-assistance right-to-counsel standing Does a defendant in an IRS/DoJ civil forfeiture proceeding have a constitutionally protected, due process right to counsel? Even if there is no const…
19-6655 Terrence Leonard Mathis v. United States Eleventh Circuit 2019-11-18 Denied IFP certiorari criminal-procedure criminal-procedure-rights detention due-process fifth-amendment habeas-corpus interrogation rehaif-standard rehaif-v-united-states remand right-to-counsel 1. Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 189 S. Ct…
19-6637 Gregory Cooper v. Katy Poole, et al. Fourth Circuit 2019-11-14 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights constitutional-rights counsel criminal-procedure cruel-and-unusual-punishment due-process effective-counsel judicial-discretion right-to-counsel self-incrimination sixth-amendment subject-matter-jurisdiction takings Can a defendant be stoped from Confronting his accusers and witnesses with o ther testimony when the sth Amendment to the li.s. Const. Provides for Du…
19-6641 Michael Anthony Clayton v. United States Sixth Circuit 2019-11-14 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure custodial-interrogation fifth-amendment miranda-rights miranda-warning right-to-counsel self-incrimination sixth-amendment Must an Officer Tell a Criminal Suspect in Custody That He Has the Right to Have an Attorney Present During the Interview, in Order to Use the Suspect…
19-6592 Monir George v. Dana Metzger, Warden Third Circuit 2019-11-13 Denied IFP appellate-procedure civil-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment Crtifhed Mentil I Defendanis e o ONE: whither a wive is Right Fo Jy Tral Tw who Cn Ao Fo The ert I nt To T Reqes Tr he Dee I THeir pleas. T Constttn…
19-6624 Andre D. Lee v. Louisiana Louisiana 2019-11-13 Denied Response WaivedIFP burden-of-proof constitutional-rights conviction criminal-procedure due-process hearing right-to-counsel sentence state-trial-court void waiver 1. Did the petitioner's right to counsel violated by the state trial court, thereby making the conviction and sentence completely void? 2. Did the st…
19-6547 Kevin Sterling v. United States Second Circuit 2019-11-08 Denied Response WaivedIFP affirmance appeal appointed-counsel cja-18-usc-3006 criminal-justice-act criminal-procedure due-process fed-r-crim-p-44 federal-rules-criminal-procedure gideon-v-wainwright inability-to-pay legal-representation right-to-counsel writ-of-certiorari Whether defendant should have been appointed counsel too assist him in filing a writ of Certiorari, pursuant to the CJA 18 U,S.C, § 3006.. . and FED,…
19-6501 Alvin Felicianosoto v. United States Eighth Circuit 2019-11-06 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review autonomy constitutional-rights criminal-procedure defense-autonomy due-process ineffective-assistance ineffective-assistance-of-counsel McCoy-challenge mccoy-v-louisiana remand right-to-counsel sixth-amendment trial-counsel 1) Whether the Eighth Circuit Court of Appeals erred on direct review in failing to remand the case to the district court when a challenge under McCoy…
19-6495 Brent Curtis Schwertz v. Richard Jennings, Warden Eighth Circuit 2019-11-05 Denied Response WaivedRelisted (2)IFP accidental-discharge americans-with-disabilities-act brady-disclosure brady-violation criminal-procedure due-process expert-witness firearms-examination ineffective-assistance-of-counsel mistrial right-to-counsel strickland-standard Consistent with the holding in Strickland v. Washington, 466 U.S. 668 (1984), which held that to prove prejudice on a claim of ineffective assistance …
19-6456 Geoffrey Baggett v. M. Eliot Spearman, Warden Ninth Circuit 2019-10-31 Denied Response WaivedIFP civil-rights confession-suppression custodial-interrogation due-process miranda-rights police-interrogation police-tactics prejudicial-error prejudicial-evidence right-to-counsel self-incrimination PETITIONERS CONFESSION SHOULD HAVE BEEN EXCLUDED FROM EVIDENCE BECAUSE PETITIONER WAS THE VICTIM. OF MISLEADING TACTICS LEADING UP TO BEING ADVISED OF…
19-6458 Torrence E. Davis v. Arizona Arizona 2019-10-31 Denied Response WaivedIFP conditional-demand constitutional-rights criminal-procedure equivocal-invocation equivocal-request faretta-right faretta-v-california judicial-discretion new-counsel pro-per right-to-counsel self-representation self-representation-right trial-court-advisement waiver-of-counsel In Faretta v. California, this Court held that criminal defendants have the right to represent themselves in criminal prosecutions. Faretta v. Califor…
19-556 Lucas Allen Newnam v. Pennsylvania Pennsylvania 2019-10-29 Denied bad-faith-inquiry bright-line-test continuance continuance-request counsel-of-choice criminal-defendant criminal-procedure due-process right-to-counsel sixth-amendment trial-delay In every jurisdiction in the United States- both federal and state- there is a balancing test for deciding whether a court's decision to deny a contin…
19-6406 Clifford L. Rush v. Nebraska Nebraska 2019-10-28 Denied IFP conflicts-of-interest constitutional-rights counsel-of-choice criminal-procedure due-process judicial-discretion nebraska-supreme-court pro-se pro-se-representation right-to-counsel self-representation sixth-amendment withdrawal-of-counsel I. WHETHER OR NOT THE NEBRASKA SUPREME COURT OPINION IN AFFIRMING THE NEBRASKA LOWER COURT'S JUDGMENT DENYING PETITIONER THE SIXTH AMENDMENT RIGHT TO …
19-6412 Dennis Jones v. Arizona Arizona 2019-10-28 Denied IFP appellate-review civil-procedure conflict-with-precedent constitutional-interpretation due-process essential-elements-of-crime federal-jurisdiction federal-question judicial-review precedent-conflict right-to-counsel standing state-court-decision supreme-court supreme-court-procedure The State's Court of last resort decided an important Federal Question in a way that conflicts with the right to counsel in a criminal case, where (a)…
19-6366 Spencer Kerry Curtiss v. North Dakota North Dakota 2019-10-24 Denied Response WaivedIFP 6th-amendment conflict-of-interest constitutional-rights conviction criminal-procedure due-process ineffective-assistance right-to-counsel standing statutory-interpretation As Truth is fundamental: Can a state's duty to provide guarantee of counsel in a criminal action be duly fulfilled when supplied representation is in …
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…
19-6321 Michael J. Prance v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-10-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-withdrawal right-to-counsel sixth-amendment Whether there is a Sixth Amendment right to counsel during plea withdrawal proceedings?
19-6333 Juan Gabriel Angulo-Cabrera v. United States Ninth Circuit 2019-10-22 Denied Response WaivedIFP codefendant criminal-procedure due-process effective-attorney evidence evidentiary-hearing false-accusations ineffective-assistance phone-records right-to-counsel sixth-amendment trial trial-counsel 1). Whether the District and Appellate Courts erred in denying Defendant an evidentiary hearing on his claim of ineffective assistance of trial couns…
19-6335 James Morris Balagia v. United States Fifth Circuit 2019-10-22 Denied Response WaivedIFP appellate-jurisdiction collateral-order-doctrine counsel-of-choice disability-accommodation interlocutory-appeal legal-review reasonable-accommodation rehabilitation-act rehabilitation-act-of-1978 right-to-counsel sixth-amendment Does United States v. Gonzalez-Lopez, 548 U.S. 140, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006) abrogate Flanagan v. United States, 465 U.S. 259 (1984) and…
19-6271 Gary Patrick Lewis v. Michigan Michigan 2019-10-16 Denied IFP affidavit-of-indigency appointed-counsel arson-conviction criminal-appeal criminal-procedure due-process in-forma-pauperis indigency indigent-defendant michigan-court right-to-counsel state-appellate-defender state-court-appeal Question not identified.
19-6259 Keino S. Chrichlow v. Dana Metzger, Warden, et al. Third Circuit 2019-10-11 Denied IFP abandonment-of-counsel appellate-procedure appellate-process civil-rights constitutional-rights court-appointed-counsel direct-appeal due-process habeas-corpus indigent-defendant ineffective-assistance right-to-counsel standing 1. whether or not an indigent defendant is entitled to equitable tolling, where he was in fact denied the right to challenge his sentence and convicti…
19-6165 Ricky G. Davis v. Virginia Virginia 2019-10-04 Denied IFP 6th-amendment constitutional-rights court-appointed-counsel criminal-procedure due-process pro-se pro-se-representation probation right-to-counsel self-representation sixth-amendment standing CAN VIRGINIA CONSTITUTIONALLY HALE A PERSON INTO ITS CRIMINAL COURTS AND THERE FORCE A LAWYER UPON HIM, EVEN WHEN HE INSIST THAT HE WANTS TO CONDUCT H…
19-6152 Marian Papacsi Owens v. Sue Mickens, Warden, et al. Eleventh Circuit 2019-10-03 Denied Response WaivedIFP certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure 1. Did the Court of Appeals err below in denying Ms. Owens a COA as to whether Ms. Owens received effective assistance of counsel when the trial judge…
19-6137 William Trampas Widmyer v. David Ballard, Warden Fourth Circuit 2019-10-02 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-amendment criminal-procedure due-process fourth-circuit-court ineffective-assistance-of-counsel miranda-rights police-interview right-to-counsel self-incrimination Were the Petitioner's Constitutional Amendment Rights violated when Petitioner's Police interview was used in trial although Petitioner requested Coun…
19-6117 Jaime Ignacio Estrada v. Martin Biter, Warden Ninth Circuit 2019-10-01 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer preponderance-of-evidence right-to-counsel sixth-amendment standard-of-review trial-counsel voluntary-manslaughter 1. Whether petitioner established by a preponderance of evidence trial counsel's violation of the Sixth Amendment: failure to communicate a favorable …
19-6096 Jerry Simmons v. Darryl Vannoy, Warden Fifth Circuit 2019-09-30 Denied Response WaivedRelisted (2)IFP biased-judge constructive-denial constructive-denial-of-assistance-of-counsel criminal-procedure ineffective-assistance judicial-bias right-to-counsel right-to-present-defense right-to-self-representation self-representation sixth-amendment structural-error structural-error-doctrine Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established F…
19-6080 Marcus H. v. Connecticut Connecticut 2019-09-26 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process equal-protection indigent indigent-defense right-to-counsel sixth-amendment structural-error trial-court-discretion Was the indigent petitioner's Sixth Amendment right to have appointed counsel represent him at his criminal jury trial violated when the trial court f…
19-392 Martin A. Armstrong v. Securities and Exchange Commission, et al. Second Circuit 2019-09-24 Denied Response RequestedResponse WaivedRelisted (3) asset-forfeiture asset-freezing civil-enforcement constitutional-right-to-counsel counsel-of-choice criminal-defendant criminal-procedure due-process parallel-civil-enforcement parallel-proceedings personal-property property-rights right-to-counsel 1. Whether the constitutional right to counsel of choice extends to cases where a criminal defendant's assets are frozen as part of a parallel civil e…
19-6045 Scott H. Summerhays v. United States Ninth Circuit 2019-09-24 Denied Response WaivedRelisted (2)IFP appellate-counsel change-of-plea criminal-procedure critical-stage effective-assistance-of-counsel faretta faretta-waiver ineffective-assistance right-to-counsel sixth-amendment waiver 1. Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) af…
19-5998 Eric Matthew Frein v. Pennsylvania Pennsylvania 2019-09-19 Denied IFP criminal-procedure harmless-error police-misconduct prosecutorial-misconduct right-to-counsel sixth-amendment structural-error trial-integrity When the Sixth Amendment right to counsel has attached, do efforts by police and prosecutors -- the victims of one or more of the defendant's charges …
19-5950 Roberto Medina-Martinez v. Arizona Arizona 2019-09-16 Denied Response WaivedIFP access-to-courts civil-procedure civil-rights due-process ineffective-assistance-of-counsel legal-representation motion-to-change-counsel right-to-counsel self-representation standing I'm Innocent on my Case- I doit understand why the Chonge of Coursel Shey denied me thru out my entire Case- Ther took me 2,5 Years to Triol with a la…
19-5938 Jason Bo-Alan Beckman v. United States Eighth Circuit 2019-09-13 Denied Response WaivedIFP asset-forfeiture asset-freezing civil-procedure civil-proceeding civil-rights criminal-counsel criminal-procedure due-process errors-and-omissions errors-and-omissions-policy forfeiture-rights luis-v-united-states right-to-counsel sixth-amendment Can the Government circumvent Luis v United States , 578 U.S. ___, 136 S. Ct. 1083 (2016) protections by using a civil proceeding to freeze untainted…
19-5920 Michael Don Pogue v. Texas Texas 2019-09-12 Denied Response WaivedIFP criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel jury-instructions right-to-counsel sixth-amendment Mr. Pogue alleged that his trial counsel, William G. Mason, was ineffective and presented 18 specific points of ineffective assistance of counsel to t…
19-5921 Lisa M. Montgomery v. United States Eighth Circuit 2019-09-12 Denied Amici (2)IFP attorney-client-relationship capital-case capital-trial due-process fifth-amendment in-chambers learned-counsel notice-requirement right-to-counsel sixth-amendment termination-of-counsel 1. In a federal capital trial case, may a federal district court judge, consistent with the Fifth and Sixth Amendments, terminate the appointment of l…
19-5840 Andre Kenneth Stuckey v. California California 2019-09-06 Denied Response WaivedIFP california-supreme-court civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-counsel right-to-fair-trial sentencing supreme-court-review WHETHER MR. STUCKEY IS ENTITLED TO HABEAS CORPUS RELIEF WHEN ATTACKING HIS CONVICTION AND SENTENCING ON GROUNDS OF TITLE II A.D.A. AND A.D.A.A.A. VIOL…
19-5827 James Michael Peluso v. Texas Texas 2019-09-05 Denied IFP civil-rights collateral-proceedings constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim procedural-bar right-to-counsel sixth-amendment standing raise a claim of ineffective assistance at trial? Whether a prisoner in Texas has a right to effective counsel in collateral proceedings which provid…
19-5775 Richard James Soldan v. Michigan Michigan 2019-09-03 Denied IFP anders-brief anders-procedure appellate-counsel appellate-review court-appointed-counsel criminal-procedure due-process first-tier-review indigent-defendant michigan-court-of-appeals michigan-procedure plea-bargaining right-to-counsel MAY THE TRIAL COURT REFUSE TO APPFOINT SUSTITUTE APPELLATE COUNSEL TO AN INDIGENT DEFENDANT CONVICTED ON HIS PLEA WHO SEEKS ACCESS TO FIRST TIER REVIE…
19-5729 Joseph Flowers v. F. Foulk, Warden Ninth Circuit 2019-08-28 Denied Response WaivedIFP actual-innocence alibi-evidence brady-violation certificate-of-appealability due-process ineffective-assistance ineffective-assistance-of-counsel procedural-default right-to-counsel Flowers was convicted of robbery, kidnapping and burglary based on an incident where two men robbed a massage parlor that had a history of prostitutio…
19-5715 Billy Jack Crutsinger v. Texas Texas 2019-08-27 Denied IFP access-to-courts competent-counsel constitutional-rights due-process federal-habeas habeas-corpus ineffective-assistance-of-counsel right-to-counsel state-post-conviction Whether the appointment by a convicting court of a lawyer, who was not competent to represent the indigent, death-sentenced prisoner at any stage of t…
19-5607 Felix Summers v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2019-08-23 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence right-to-counsel sixth-amendment DENIAL OF SIXTH AMENDMENT RIGHT OF CONFRONTATION. THE FEDERAL CONFRONTATION CLAUSE (6TH AMEND.)(was violated). DENIAL OF SIXTH AMENDMENT. RIGHT TO EFF…
19-5698 Eduardo Orozco v. California California 2019-08-23 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights confession-elicitation custodial-interrogation due-process edwards-v-arizona law-enforcement-tactics miranda-rights pre-charge-investigation right-to-counsel undercover-agent May law enforcement use an undercover agent to elicit a confession from a suspect before charges have been filed but after a suspect has already invok…
19-5658 Eric C. Burgie v. Arkansas Arkansas 2019-08-21 Denied Response WaivedIFP civil-rights collateral-review constitutional-claim due-process habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel right-to-counsel standing state-collateral-review state-post-conviction-proceedings state-proceeding this court to answer whether the due process clause requires appointment of counsel to those prisoners where state collateral review is the first oppo…
19-5651 Gary Ray Bowles v. Ron DeSantis, Governor of Florida, et al. Eleventh Circuit 2019-08-20 Denied IFP 18-usc-3599 42-usc-1983 civil-rights civil-rights-enforcement clemency clemency-proceedings death-penalty due-process federal-counsel federal-jurisdiction habeas-corpus intellectual-disability right-to-counsel section-3599 Can state officials bar a death-sentenced individual's 18 U.S.C. § 3599 counsel from representing him in state clemency proceedings, and if not, is th…
19-5638 Jeffrey E. Lee v. Florida Florida 2019-08-19 Denied Response RequestedRelisted (2)IFP betterman-v-montana constitutional-rights criminal-procedure delay due-process indigent-defendant right-to-counsel sentencing sentencing-delay standard I. IN THE WAKE OF THE QUESTION LEFT OPEN BY THE COURT IN BETTERMAN v. MONTANA . 136 S.CT. 1609 (2016), DOES THE DUE PROCESS CLAUSE CREATE AN ENTITL…
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.
19-5536 Gabriel Vashon Seay v. United States Fourth Circuit 2019-08-12 Denied Response WaivedIFP case-law criminal-procedure due-process ineffective-assistance ineffective-counsel investigation legal-investigation plea-agreement plea-bargaining right-to-counsel strickland-standard strickland-v-washington Where Strickland v. Washington, serves as the current case law protecting an accused's right to fair and competent assistance of legal counsel, there …
19-5547 Ronny Lee Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-09 Denied IFP abandonment-of-claim abandonment-of-defense certificate-of-appealability constitutional-claim counsel-statement-of-guilt counsel-statements criminal-procedure due-process ineffective-assistance ineffective-counsel right-to-autonomy right-to-counsel Whether COA should have been granted based on petitioner's right tocautonomy uhen his cousel abandoned petitioner's claim of hot guilty uhen cousel …
19-5504 In Re Joel Diaz-Hinirio 2019-08-08 Denied Response WaivedIFP adversarial-testing conviction-integrity criminal-procedure due-process habeas-corpus incarceration ineffective-assistance-of-counsel judicial-review right-to-counsel WHETHER DENIAL OF APPOINTMENT OF COUNSEL TO PETITIONER BY THE SUPREME COURT IN THIS INSTANT CASE, WOULD BE TANTAMOUNT TO PETITIONER JOEL DIAZ HINIRIO,…
19-5513 Charles Head v. United States Ninth Circuit 2019-08-08 Denied Response WaivedIFP court-appointed-attorney court-appointed-counsel criminal-procedure defiance-of-request due-process federal-procedure habeas-corpus ineffective-assistance legal-remedy petition-filing petition-for-certiorari right-to-counsel statutory-right statutory-rights timely-filing writ-of-certiorari I what remedies is available for petitioner when Court appointed attorney failed to file timely petition for writ of certiorari in deference to the pe…
19-5453 Juan Pablo Revelo Salcedo v. United States Fifth Circuit 2019-08-06 Denied Response WaivedIFP affidavit appointment-of-counsel civil-procedure criminal-procedure declaration financial-disclosure in-forma-pauperis ineffective-assistance judicial-access motion motion-to-substitute-counsel poverty poverty-affidavit pro-se-litigation redress right-to-counsel sixth-amendment Question not identified.
19-5471 J. A. M. v. New Jersey New Jersey 2019-08-06 Denied IFP 5th-amendment ambiguous-request appellate-division appellate-review criminal-procedure due-process fifth-amendment interrogation right-to-counsel 1. Did the Appellate Division err by ignoring the fact that petitioner-defendant was denied his Fifth Amendment right to have counsel present during i…
19-5446 Michael Thomas Balint v. Kelly Santoro, Warden Ninth Circuit 2019-08-05 Denied Response WaivedIFP constitutional-rights criminal-procedure critical-stage due-process habeas-corpus harmless-error jury-instructions ninth-circuit right-to-be-present right-to-counsel During deliberations, the jury issued a compound question as to the elements of Balint's trial defense, duress, as well as the defense of necessity. T…
19-5386 David Charles Sussman v. Florida Department of Corrections Florida 2019-07-31 Denied IFP access-to-courts due-process habeas-corpus legal-representation prison-discipline right-to-counsel suspension-clause Where a prison inmate files a petition in a trial court seeking the restoration of gain time credits that were lost in a prison disciplinary proceedin…
19-5379 Michael Boyd Crowley v. Texas Texas 2019-07-30 Denied IFP constitutional-rights criminal-procedure due-process fifth-amendment miranda-warnings right-to-counsel self-incrimination self-incrimination,right-to-counsel,due-process,fi trial-procedure 1- Was the information given by Dr.Dunham sufficient to warn the defendant of the danger of self incrimination ? 2. Did the prosecution violate the d…
19-5322 Ottis J. Cummings, Jr., aka Ottis Junior Cummings, aka Otis Cummings, aka Ottis J. Cummings, aka Otis J. Cummings v. Mississippi Mississippi 2019-07-24 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review legal-procedure right-to-counsel sixth-amendment standing Whether Counsel's Ineffactive Assistance Deprived the Petitioner of Some Substantive or Procedural Richt to Which the Law Entitles Him?
19-5286 Adam Patton v. Arkansas Arkansas 2019-07-23 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure due-process forfeiture right-to-counsel sixth-amendment waiver Whether a criminal defendant, who has not knowingly and intelligently waived his Sixth Amendment right to counsel and who clearly requests the assista…
19-5289 Pharoah Brazell v. Louisiana Louisiana 2019-07-23 Denied Response WaivedIFP constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing I. Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender? II. Is Pe…
19-5293 Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-07-23 Denied Relisted (2)IFP 6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel The following federal Questions presented below are Certified Questions of Great Public Importance, of facts and law that falls under the Jurisdiction…
19-5275 Richard Michael Mathisen v. United States Fourth Circuit 2019-07-22 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-relief right-to-counsel sentencing sentencing-hearing sixth-amendment I. Whether the Fourth Circuit erred in affirming the District Court's denial of the Petitioner's Certificate of Appealability of the District Court's …
19-5095 Fox Joseph Salerno v. Arizona Arizona 2019-07-08 Denied IFP 14th-amendment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel plea-bargaining racial-discrimination retroactivity right-to-counsel school-desegregation supreme-court Petitioner Salerno hereby moves this court to issue a ruling on whether the following two cases are applied retroactively. 1. Missouri v. Frye, 566 U…
19-5038 Donald Willems v. United States Eleventh Circuit 2019-07-02 Denied Response WaivedIFP appeal-waiver constitutional-protections contract-law criminal-procedure due-process plea-agreement right-to-counsel sixth-amendment speedy-trial 1. Does an Appeal Waiver which is contained within a Plea Agreement toll the filing of a Notice to Appeal under the Sixth Amendments right to a speed…
19-5009 Keon Anthony Nixon v. United States Tenth Circuit 2019-06-28 Denied Response WaivedIFP balancing-test barker-v-wingo constitutional-rights criminal-procedure due-process post-indictment-delay prejudice right-to-counsel sixth-amendment speedy-trial speedy-trial-right Whether a defendant's "failure to invoke the right to a speedy trial would be weighed heavily against him," despite "his lack of representation," and …
19-5010 Andrew Nelson v. United States Eleventh Circuit 2019-06-28 Denied IFP 18-usc-924(c) appellate-review continuance criminal-procedure due-process fed-r-crim-p-52a federal-rules-of-criminal-procedure harmless-error judicial-error prejudice right-to-counsel sentencing substantial-rights trial-continuance vagueness-doctrine 1. Where the district court erroneously premises its denial of a meritorious, unopposed motion for continuance of the trial on a mistaken belief that …
18-9823 Freddie Lee Morris v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-06-27 Denied IFP coerced-confession criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus informant involuntary-plea manifest-injustice paid-informant procedural-grounds right-to-counsel sixth-amendment WHETHER THE STATE OF FLORIDA VIOLATED PETITIONER'S SIXTH AMENDMENT RIGHT TO THE ASSISTANCE OF COUNSEL, WHEN POLICE INSERTED A PAID INFORMANT IN PETITI…
18-1579 Ronnie Ricks, Jr. v. Texas Texas 2019-06-25 Denied Response Waived 5th-amendment criminal-procedure custodial-interrogation defendant-rights due-process evidence miranda right-to-counsel self-incrimination sixth-amendment testimonial-evidence video-evidence Whether showing a videotape containing invoked his right to counsel?
18-9764 Adnan Ibrahim Harun A. Hausa v. United States Second Circuit 2019-06-24 Denied Response WaivedIFP 6th-amendment circuit-court-conflict circuit-split faretta faretta-inquiry pro-se pro-se-representation right-to-counsel sixth-amendment waiver waiver-of-counsel 1. Should a petition for writ of certiorari be granted to resolve a conflict between the Second and Eleventh Circuit Courts of Appeal on whether a def…
18-9770 Lionel Toye v. Steven Racette, Superintendent, Great Meadows Correctional Facility Second Circuit 2019-06-24 Denied Response WaivedIFP criminal-procedure ineffective-assistance lafler-v-cooper plea-bargaining plea-negotiations right-to-counsel sentencing sentencing-exposure strickland-standard strickland-v-washington trial-counsel WHETHER THIS COURT SHOULD REVISIT THE CLAIM OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL DURING PLEA NEGOTIATIONS WHEN COUNSEL FAILS TO DISCUSS THE PROS…
18-9758 Lavell Conerly v. Willis Chapman, Warden Sixth Circuit 2019-06-21 Denied IFP constitutional-rights criminal-procedure due-process due-process,self-incrimination,miranda-warnings,cl inculpatory-statement ineffective-assistance-of-counsel miranda-warnings right-to-counsel self-incrimination I. WAS IT REVERSIBLE ERROR VIOLATING THE PETITIONER'S CONSTITUTIONAL RIGHT TO HAVE DUE PROCESS OF LAW DURING CLOSING ARGUMENTS TO INTRODUCE HIS INCULP…
18-9716 Andrew J. Hunter, Jr. v. Louisiana Louisiana 2019-06-19 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-provisions criminal-procedure defense-rights due-process fair-trial judicial-bias prosecutorial-misconduct right-to-counsel subpoena-power Did Louisiana Courts err in denying Andrew Hunter's right to a fair trial and subsequent review when rejecting claims involving, Conflicting Decisions…
18-9728 Sung Ho Park v. Tammy Foss, Warden Ninth Circuit 2019-06-19 Denied Response WaivedIFP confession due-process fair-trial ineffective-assistance interrogation involuntary-confession lesser-included-offense physical-incapacitation police-interrogation prosecutorial-misconduct right-to-counsel I. Whether Park, Who Was Physically Incapacitated When The Police Interrogated Him, Could Not Make A Voluntary Statement; Whether Trial Counsel Render…
18-9634 Destyn David Frederick v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. Fifth Circuit 2019-06-12 Denied IFP appeal certificate-of-appealability constitutional-rights conviction criminal-conviction criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel pro-se-challenge right-to-counsel sentencing ISSUE NO ONE AND TWO whether the United States District court and the Fifth Circuit court of appeals have denied Petitioner his rights to challenge th…
18-9554 In Re Billie J. Allen 2019-06-05 Denied Relisted (2)IFP alabama-v-shelton arizona-v-fulminante capital-case capital-punishment due-process gideon-v-wainwright habeas-corpus mccoy-v-louisiana non-capital-case right-to-counsel structural-error 1. Whether McCoy V Louisiana, 138 S. Ct. 1500 (2018) is a new "watershed rule", akin to Gideon v Wainwright, 372 U.S. 335 (1963), which falls within t…
18-9541 Darius Leigh Gilkey v. DeWayne Burton, Warden Sixth Circuit 2019-06-04 Denied Response WaivedIFP 6th-amendment adequate-provocation attorney-client-relations attorney-client-relationship consensual-sex criminal-law due-process felony-murder homicide provocation right-to-counsel sixth-amendment Should this Court grant Certiorari to determine if consensual sex that later turned into a homicide, resulting from adequate provocation amounts to fe…
18-9543 Lonnie Haney v. Shane Jackson, Warden Sixth Circuit 2019-06-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper plea-bargaining plea-offer right-to-counsel time-constraints ARE THE LOWER COURT RULINGS IN DIRECT CONFLICT WITH THE SPIRIT OF THIS COURT'S HOLDING IN LAFLER V. COOPER, WHERE DUE TO EXTERNAL FACTORS, DEFENSE COU…
18-9490 Daniel George Brown v. United States Third Circuit 2019-05-30 Denied Response WaivedRelisted (2)IFP 6th-amendment criminal-prosecution deportation illegal-reentry immigration-law right-to-counsel sixth-amendment Whether an alien's Sixth Amendment right to counsel is violated in a criminal prosecution for illegal reentry following deportation, where the United …
18-9442 Donald Loston v. Darrel Vannoy, Warden Fifth Circuit 2019-05-28 Denied Response WaivedIFP 6th-amendment counsel-of-choice criminal-procedure due-process ineffective-assistance judicial-efficiency judicial-integrity reversible-error right-to-counsel sixth-amendment state-trial-court trial-court-discretion Whether a state trial court denial of counsel of choice is reversible error when no threat against the interest of judicial integrity and efficiency w…
18-1480 Jason Caissie, aka Jason Cullen Caissie v. Mississippi Mississippi 2019-05-28 Denied Response Waived 14th-amendment 5th-amendment 6th-amendment cheek-v-us constitutional-rights due-process right-to-counsel state-prosecution state-statute state-statutes traffic-ticket traffic-violation uniform-traffic-ticket Whether the State of Mississippi is in direct conflict of the due process protections provided in the 14th, 5th, and 6th Amendments when they use a Un…
18-9405 John Willie Mack, Jr. v. Kenneth Nelsen, Warden Fourth Circuit 2019-05-23 Denied Response WaivedIFP appeal civil-rights due-process evidence habeas-corpus ineffective-assistance-of-counsel ineffective-counsel misconduct right-to-counsel right-to-fair-trial (I) INEFFELTIVE OF TLIAL COUNSE/: COUNSEL FAILEO TO SECURE AN OBSECTION TO SWABS BEING AOMITTEO IWTO EVIDENCE WHEN THE STATE DED NOT PAODUCE TANGIBLE …
18-9279 Regina M. Preetorius v. United States Eleventh Circuit 2019-05-17 Denied Response WaivedIFP administrative-law civil-procedure civil-rights counsel-performance criminal-procedure due-process federal-jurisdiction ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment standing strickland-standard strickland-v-washington Did the Honorable Appellate Court err when it determined that trial counsel's failure to advise his client that she should accept the government's ple…
18-9308 Clarence Scranage, Jr. v. United States Fourth Circuit 2019-05-17 Denied Response WaivedRelisted (2)IFP 5th-amendment 6th-amendment constitutional-rights counsel-waiver criminal-procedure due-process fifth-amendment pro-se pro-se-representation right-to-counsel self-representation sixth-amendment Whether Petitioner waived his Fifth and Sixth Amendment Rights to Counsel, by being forced to represent himself by the lower Court, pro-se, without th…
18-9331 Nawaz Ahmed v. Tim Shoop, Warden Sixth Circuit 2019-05-17 Denied IFP access-to-courts appeals appellate-review capital-counsel capital-habeas civil-rights collateral-review counsel-substitution due-process habeas-corpus judicial-proceedings mandamus right-to-counsel statutory-interpretation statutory-right Would it be violation of procedural & substantive due process and deprivation of right to meaningful, effective access to courts, if District Courts, …
18-1436 Ulric Jones v. United States Seventh Circuit 2019-05-16 Denied Response Waived appellate-procedure disbarment due-process fourteenth-amendment judicial-proceedings judicial-review retained-counsel right-to-counsel sixth-amendment supervisory-power Whether the United States Court of Appeals for the Seventh Circuit has so far departed from the accepted and usual course of judicial proceedings as t…
18-9293 Eugene Cooper v. Florida Florida 2019-05-15 Denied Response WaivedIFP abuse-of-discretion constitutional-rights due-process evidentiary-hearing federal-constitutional-rights newly-discovered-evidence postconviction-relief right-to-counsel trial-court-discretion Whether the trial court erred and abused its discretion in denying Mr. Cooper's 3.850 (b) (1)Motion for Postconviction relief based on Newly Discovere…
18-9294 Andre Derrell Lee v. Jerry Goodwin, Warden Fifth Circuit 2019-05-15 Denied Response WaivedIFP certificate-of-appealability civil-procedure civil-rights due-process exhaustion-of-remedies habeas-corpus ineffective-assistance-of-counsel jurisdiction right-to-counsel standing 1. Did +he Circuit Court err in Aot granting a C.o.A? 2. Did the District Court err in dismissing +he petition for failure to exhaust without having …
18-9241 Sealed Appellant v. Sealed Appellee Fifth Circuit 2019-05-13 Denied Response WaivedRelisted (2)IFP attorney-client-privilege attorney-representation civil-rights conflict-of-interest criminal-investigation criminal-procedure cuyler-v-sullivan due-process prosecutorial-ethics right-to-counsel strickland-v-washington structural-error Should lower courts review the conflict under Cuyler v. Sullivan or Strickland v. Washington?
18-9198 John Naasz v. Texas Texas 2019-05-10 Denied IFP 14th-amendment criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment sudden-passion sudden-passion-defense Whether a Texas prisoner has a right to effective counsel in collateral review proceedings which provide the first occasion to raise a claim of ineffe…
18-1413 Brandon D. Woodruff v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-10 Denied ' 'habeas-corpus" ' 'prosecutorial-misconduct" ' 'right-to-confrontation" ' 'right-to-counsel" ' 'sixth-amendment" ' 'standard-of-review' certificate-of-appealability criminal-procedure due-process habeas-corpus jail-telephone-calls prosecutorial-conduct prosecutorial-misconduct right-to-counsel sixth-amendment A prosecutor had Petitioner's jail telephone calls recorded, listened to them, made notes from them and had at least one witness listen to them. This …
18-9180 Cesar Arce-Hernandez v. United States Ninth Circuit 2019-05-07 Denied Response WaivedIFP appeal-waiver criminal-justice-act criminal-procedure garza-v-idaho indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-proceedings right-to-counsel sixth-amendment I. Does a Sixth Amendment claim of ineffectiveness of assistance of counsel during pretrial proceedings survive a general waiver of the right to appea…
18-9160 Radomysl Twardowski v. Bismarck Police Department, et al. Eighth Circuit 2019-05-06 Denied IFP civil-rights due-process jury-trial mental-health right-to-counsel statute-of-limitations civil-commitment civil-rights constitutional-provisions criminal-sentencing defendant-rights due-process judicial-discretion mental-health psychological-treatment right-to-counsel statute-of-limitations 1. SHOULD THERE BE A STATUTE OF LIMITATIONS ON GRAVE MORAL PSYCHOLOGICAL AND PHYSICAL PERSONAL INJURIES ACTIONS WHICH CONTRIBUTE SIGNIFICANTLY TO WRON…
18-9097 Freddie L. Morris v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-05-03 Denied Response WaivedIFP coerced-confession criminal-investigation fifth-amendment fourteenth-amendment habeas-corpus informant involuntary-plea jail-cell right-to-counsel sixth-amendment WHETHER THE STATE OF FLORIDA VIOLATED PETITIONER'S SIXTH AMENDMENT RIGHT TO THE ASSISTANCE OF COUNSEL, WHEN POLICE INSERTED A PAID INFORMANT IN PETITI…
18-9120 Russell Frey v. Illinois Illinois 2019-05-03 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-sexual-assault cumulative-error due-process effective-assistance-of-counsel evidentiary-issues fair-trial harmless-error ineffective-assistance-of-counsel jury-trial prejudice right-to-counsel 1.)Does the defendant Russel' Frey deserve a new trial or conviction vacated based on counsels overall health and his performance overall violated def…
18-9121 Jerry L. Gater v. United States Eighth Circuit 2019-05-03 Denied Response WaivedIFP criminal-procedure due-process faretta-v-california jury-trial-guarantee nelson-v-colorado presumption-of-innocence pro-se right-to-counsel sentencing-factors voir-dire I. UNDER FARETTA V CALIFORNIA DOES A DEFENDANT 'HAVE A RIGHT WHEN PROCEEDING 'PRO SE TO PARTICIPATE IN VOIR DIRE? II. DOES THE PRESUMPTION OF INNOCEN…
18-9133 Abdul Karim Bangura v. United States Fourth Circuit 2019-05-03 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourth-circuit-review guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice right-to-counsel sentencing-enhancement withdrawal I. THE 4 CIRCUIT ERRED WHEN IT DID NOT OVERTURN THE DISTRICT COURT'S DENIAL OF BANGURA's MOTION TO WITHDRAW HIS GUILTY PLEA BECAUSE THE MOTION WAS FIL…
18-9081 Scott Books v. United States Seventh Circuit 2019-05-01 Denied Response WaivedIFP brooks-v-tennessee coerced-confession confession-suppression criminal-procedure due-process impeachment right-to-counsel self-incrimination self-incrimination-5th-amendment The district court ruled that police coerced the defendant's confession and granted defendant's motion to suppress the confession and its physical fru…
18-9048 Brian Boykins v. Robert Napel, Warden Sixth Circuit 2019-04-30 Denied Response WaivedIFP appellate-review burden-of-proof civil-rights criminal-procedure due-process evidentiary-hearing federal-court right-to-counsel standard-of-review standing trial-court-record 1. WHERE A FEDERAL COURT MUST GRANT AN EVIDENTIARY HEARING AND DENIES, IS THAT ERROR? 2. IN A SHOW CAUSE HEARING TRIAL COURT DEEMED IT NECESSARY FOR …
18-9011 Anthwaun Jordan v. Texas Texas 2019-04-26 Denied Response RequestedRelisted (2)IFP 6th-amendment civil-procedure due-process habeas-corpus ineffective-assistance-of-counsel standing civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance right-to-counsel kIa JIov' o6&L vkks /o - &-& ax&_o i,zS( rEbn&kfl 4p/ead /1 la4i Frhc e 4pp/'e pi P i6 4T>C6 a k ii Z4 3 /q L. &d Zd 3 gj V,Sm; 1s 37'
18-9015 Diego Rodrigo Perea v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-04-26 Denied Response WaivedIFP certificate-of-appealability confrontation-clause constructive-denial criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment Was the State Court's rejection of the Petitioner's claim that he was constructively denied the assistance of counsel, when the State Court failed to …
18-8889 Lavont Flanders, Jr. v. United States Eleventh Circuit 2019-04-22 Denied Response WaivedIFP constitutional-error counsel-deprivation criminal-procedure critical-stage due-process initial-appearance right-to-counsel sixth-amendment united-states-v-cronic The question of whether an initial appearance can be a critical stage is a case of first impression on this Court. Criminal defendants from every Stat…
18-8929 In Re Lavont Flanders, Jr. 2019-04-22 Denied Response WaivedIFP certificate-of-appealability criminal-procedure critical-stage due-process habeas-corpus indictment-amendment mailbox-rule postal-service-error pro-se-filing pro-se-prisoner procedural-due-process right-to-counsel sixth-amendment Should the Eleventh Circuit Court of Appeals have considered Petitioner's timely filed Amended Certificate of Appealability and Motion to Expand the A…
18-8933 Zaamar Bersan Stevenson v. Pennsylvania Board of Probation and Parole, et al. Third Circuit 2019-04-22 Denied IFP appeal appeal-process certificate-of-appealability criminal-procedure due-process first-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehabilitation-process right-to-counsel subject-matter-jurisdiction 1) Whether Mr. Stevenson was entitled to relief, or in the alternative an evidentiary hearing, on his claim of ineffective assistance of counsel, wher…
18-1325 Dieter Charles Vogt v. United States Eleventh Circuit 2019-04-19 Denied Response Waived 28-usc-2255 certificate-of-appealability court-of-appeals district-court-order due-process habeas-corpus procedural-grounds reasonable-jurist right-to-counsel standard-of-review summary-denial Should the order of the court of appeals denying a certificate of appealability be reversed and remanded, because it is manifestly incorrect to sugges…
18-8876 Nickie R. Logan v. District Attorney of Allegheny County, Pennsylvania, et al. Third Circuit 2019-04-17 Denied IFP 6th-amendment civil-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance-of-counsel right-to-a-fair-trial right-to-counsel Question not identified.
18-1313 Michael Moran v. California Ninth Circuit 2019-04-16 Denied Response Waived 14th-amendment 5th-amendment constitutional-rights cumulative-effect cumulative-error due-process fair-trial in-custody-statements miranda miranda-rights prosecutorial-misconduct right-to-a-fair-trial right-to-counsel right-to-present-a-defense Could a jurist of reason find that the state court unreasonably applied clearly established federal law in determining that admission of petitioner's …
18-8734 Corey D. Phillips v. Illinois Illinois 2019-04-10 Denied IFP civil-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-counsel witness-testimony The APPELLAtE count Stated tha t : perfected i m peach me was Unlikel Counsel could hnve nA1e= Reyarbg Av The Eviken agReemend hearing, The Record was…
18-8690 Dagoberto Ontiveros v. Michael Pacheco, Warden, et al. Tenth Circuit 2019-04-08 Denied Response WaivedIFP anders-appeal anders-v-california appellate-review constitutional-law criminal-procedure defendant-rights direct-appeal due-process legal-ethics legal-frivolity right-to-counsel When rejecting a criminal defendant's direct appeal under the provisions of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967…
18-8724 In Re Archie Cabello 2019-04-08 Denied Response WaivedIFP case-law due-process judicial-discretion legal-ethics motions pleadings procedural-rules right-to-counsel rule-11 self-representation Does a trial judge have any duty to ensure that a defendant's right to counsel of choice is protected? When a defendant asserts his right to self—rep…
18-8713 Briand Williams v. California California 2019-04-05 Denied Response WaivedIFP 6th-amendment code-of-civil-procedure constitutional-violation counsel-of-choice due-process equal-protection ineffective-assistance marsden-hearing plea-bargaining procedural-rights right-to-counsel sentencing sixth-amendment Does a Defendant have a right to replace his privately retained choice of counsel at anytime during the trial court proceeding even up to and at the a…
18-8689 Joel Glaston Muir v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-04-04 Denied IFP clear-record constitutional-rights criminal-homicide criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel known-eyewitness legal-review lesser-degree-homicide postconviction-review right-to-counsel standard-of-review trial-counsel trial-strategy I. Whether initial-postconviction review counsel provided ineffective assistance where counsel failed in the most basic sense to litigate a claim of i…
18-8661 Eddie Lee Jackson v. Sandy McCain, Warden Fifth Circuit 2019-04-01 Denied IFP 14th-amendment 6th-amendment constitutional-rights counsel-medical-condition counsel-misconduct due-process ineffective-assistance ineffective-assistance-of-counsel legal-representation misconduct procedural-error right-to-counsel suspension Whether the Petitioner was denied the right to assistance of counsel when the counsel representing Petitioner throughout the proceedings was in fact s…
18-8620 Joel M. Hicklin v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2019-03-29 Denied Response WaivedIFP civil-rights due-process effective-assistance-of-counsel evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel right-to-counsel 1. Whether the Virginia Supreme Court erred for Not finding the Petitioner's failure to investigate Showing Comprehensive? 2. Whether the effective a…
18-8626 Aaron Murray v. United States Sixth Circuit 2019-03-29 Denied Response WaivedIFP arrest constitutional-rights criminal-procedure defense-counsel due-process federal-criminal-procedure initial-appearance magistrate-judge plea-bargaining plea-hearing right-to-counsel Was Petitioner Aaron Murray Entiteled to an initial apperanc.e. before a United States Magistrate Judge under Fed. R. Criminal P Rule 5? How was Peti…
18-1252 Rev. Barry D. Bilder v. Rev. Beth Mathers, et al. Tenth Circuit 2019-03-29 Denied civil-rights dna dna-collection due-process fourth-amendment fourth-amendment-rights reasonableness right-to-counsel search-warrant seizure sixth-amendment Is a Search Warrant (for DNA) "reasonable" under the Fourth (4th) Amendment? Was the Petitioner's Sixth (6th) Amendment, "Right to Counsel," violated…
18-8604 Ivan Vazquez-Gonzalez v. United States Seventh Circuit 2019-03-28 Denied IFP 28-usc-2255 appeals criminal-procedure federal-criminal-procedure habeas-corpus ineffective-assistance right-to-counsel rule-35 sentence-modification sentencing statute-of-limitations I. May a district court's modification of sentence under Rule 35, Fed. R. Crim. P., be treated as resetting the one-year clock under 28 U.S.C. §2255(0…
18-8572 Christopher Jones v. Florida Florida 2019-03-27 Denied IFP community-control-violations community-controller constitutional-interpretation continuance counsel-of-choice due-process judicial-review legal-procedure right-to-counsel speedy-trial statutory-analysis unconstitutional-conditions unrepresented-defendant violation-proceedings 1. Whether there i8 wilthin the minimum requirements of due process, a minimum set of guidelines to be considered by a Court, in olation proceedings, …
18-8585 Zhordrack Bloodywone v. Joseph Bellnier, Superintendent, Marcy Correctional Facility, et al. Second Circuit 2019-03-27 Denied Response WaivedRelisted (2)IFP 4th-amendment 6th-amendment criminal-procedure due-process privacy right-to-counsel 6th-amendment appellate-jurisdiction constitutional-rights criminal-procedure due-process federal-appeals judicial-review prosecutorial-misconduct right-to-counsel trial-court (4) why Rox cee New My OK Cake Pepa Rte uh of CoRReOtious Aud Lem wuwrty fu par} Sion made Nu wdious Ate pa Gut Fhe Bey lun iv Hf ey pRokecution fu Ye…
18-8586 Roderick Black v. United States Fourth Circuit 2019-03-27 Denied Response WaivedIFP attorney-licensing constitutional-law constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment standing IN LIGHT OF HIS TRIAL ATTORNEY NOT BEING DULY LICENSED TO PRACTICE LAW IN VIOLATION OF HIS SIXTH AMENDMENT RIGHTS UNDER THE FEDERAL CONSTITUTION?
18-8589 Demetrius S. Rankin v. United States Fifth Circuit 2019-03-27 Denied Response WaivedIFP anders-brief appellate-procedure appellate-review circuit-split constitutional-law court-appointed-counsel criminal-procedure due-process fifth-circuit ineffective-assistance legal-ethics legal-standards procedural-review right-to-counsel Whether the Fifth Circuit Court of Appeals misapplied and ignored the procedural pronouncements made in Anders v. California, 386 US 738(1967)? Wheth…
18-8574 William Burton v. Delaware Delaware 2019-03-26 Denied Response WaivedIFP criminal-procedure evidence fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-of-not-guilty prosecutorial-evidence right-to-counsel sixth-amendment Did petitioner's attorney provide ineffective assistance of counsel that violated petitioner's Sixth and Fourteenth Amendment rights to a fair trial a…
18-8541 In Re Randy A. Jones 2019-03-25 Denied Response WaivedRelisted (2)IFP cell-site-simulator civil-rights criminal-procedure due-process fourth-amendment honeycutt-v-united-states legal-representation lis-pendens luis-v-united-states right-to-counsel takings warrantless-search Did the government violate this petitioner's rights, creating a flaw so grave that it rendered the proceedings unreliable, when as established by the …
18-1241 Demetrius Jackson v. Ohio Ohio 2019-03-25 Denied child-protective-services criminal-procedure fifth-amendment police-interrogation right-to-counsel self-incrimination sixth-amendment Where the victim of a crime is a child, a Child Protective Services ("CPS") case worker employed by the state normally investigates the incident in cl…
18-8495 Leroy Scott v. United States Fourth Circuit 2019-03-22 Denied Response WaivedIFP brady-violation conflict-of-interest death-penalty ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-agreement plea-bargaining right-to-counsel WHETHER COUNSEL'S INEFFECTIVENESS CONFLICTS WITH THE HOLDING IN MISSOURI v FRYE, FOR FAILING TO ADVISE PETITIONER OF THE MEANS TO SET FORTH IN THE DEA…
18-8522 Edwin Fernandez v. United States Third Circuit 2019-03-22 Denied Response WaivedIFP Arizona-v-Gant criminal-procedure criminal-proceedings critical-stages ineffective-assistance ineffective-assistance-of-counsel Montejo-v-Louisiana presentence-investigation presentence-investigation-report right-to-counsel search-and-seizure search-doctrine Strickland-v-Washington In Strickland v. Washington, 466 U.S. 668, 80 l.ed.2d 674, 104 S.Ct. 2052 (1984) this court explained the standard of review for an ineffective assist…
18-8535 Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-03-22 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights WHERE STATE STATUTES PROVIDE PRE-TRIAL REMEDIES FOR PROSECUTORIAL OVERREACHING BY INTERLOCUTORY APPEAL, DOES DEFENSE COUNSEL'S FAILURE TO PERFECT THAT…
18-8506 Jose Jaime Lopez v. United States Seventh Circuit 2019-03-21 Denied Response WaivedIFP 21-usc-846 7th-circuit 7th-circuit-precedent 851-colloquy abuse-of-statute appellate-review attempt-charge attempt-conviction civil-rights criminal-procedure drug-deal due-process indigent indigent-defendant indigent-status prior-conviction reasonable-doubt right-to-counsel seventh-circuit speculation standing substantial-step WHETHER PETITIONER WAS DEPRIVED OF THE RIGHT TO COUNSEL BY THE U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT'S FAILURE TO APPOINT COUNSEL AFTER PETITI…
18-8484 Gregory Donzell Bailey v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-03-20 Denied IFP 6th-amendment caseload caseload-management civil-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance public-defender public-defenders right-to-counsel In Maryland Courts for Indigent Inmates with Felony Cases, using the office of the Public Defenders; Should the Defendant's representation and resourc…
18-8427 Malcolm Roy Evans v. United States Eighth Circuit 2019-03-14 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-procedure-rights criminal-trial due-process ineffective-assistance judicial-discretion judicial-inquiry right-to-counsel right-to-testify self-representation WHETHER A TRIAL COURT MAY SUMMARILY PROHIBIT AN ACCUSED FROM TESTIFYING IN HIS OWN DEFENSE IN A CRIMINAL TRIAL MERELY FOR STATING TO THE JURY HIS BELI…
18-8428 Samuel V. Martinez v. Travis Trani, Warden, et al. Tenth Circuit 2019-03-14 Denied Response WaivedIFP appeals appellate-procedure civil-rights constitutional-review criminal-conviction due-process federal-precedent habeas-corpus legal-ethics professional-conduct right-to-counsel standing state-court-review should not the United States District Court of Clorado have granted the Petitiuner counsel after he informed them that he had an ongoing complaint aga…
18-8387 Delmart E. J. M. Vreeland, II v. David Zupan, Warden, et al. Tenth Circuit 2019-03-12 Denied Response WaivedIFP conflicting-rulings defendant-rights due-process forfeiture implied-waiver intelligent judicial-discretion knowing right-to-counsel trial-court-procedure voluntary waiver waiver-of-counsel Whether a trial court violates this Court's requirement that any waiver of counsel be knowing, voluntary and intelligent when it forces a defendant to…
18-8396 Mary Jo Weidrick v. Donald J. Trump, President of the United States District of Columbia 2019-03-12 Denied Response WaivedIFP 5th-amendment 5th-amendment-right-to-counsel 6th-amendment 6th-amendment-right-to-counsel adversarial-process civil-rights constitutional-violation counsel criminal-procedure due-process fifth-amendment investigation right-to-counsel sixth-amendment standing terrorism terrorism-investigation Whether Petitioner's Fifth and Sixth Amendment rights to counsel are "attached" or otherwise violated during this "adversarial" 29+ years of terrorism…
18-8273 Cecilio Cuero Payan v. United States Eleventh Circuit 2019-03-06 Denied IFP conflict-free-attorney conflict-of-interest criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-counsel sixth-amendment waiver Whether, under the sixth amendment, a criminal defendant may waive his right to raise a claim of ineffective assistance of counsel as part of a plea-a…
18-8233 Calvin J. Reid v. United States Sixth Circuit 2019-03-05 Denied Response WaivedIFP §2255-motion 18-usc-4241 certificate-of-appealability circuit-split competency-hearing criminal-procedure criminal-procedure-appeal due-process ineffective-assistance mental-competency mental-illness right-to-counsel standards-of-review WHETHER THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT HAS ENTERED A DECISION IN CONFLICT WITH THE DECISION OF ANOTHER UNITED STATES COURT O…
18-8247 Patrick Joseph Kofalt v. United States Third Circuit 2019-03-04 Denied Response WaivedIFP conflict-of-interest constitutional-rights counsel-waiver due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-counsel sixth-amendment waivers Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-free representation? Di…
18-8171 Omar Alarcon Fuentes, aka Omar Fuentes Alarcon, aka Omar Ramales Quintero v. United States Ninth Circuit 2019-02-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel false-testimony grand-jury grand-jury-testimony ineffective-assistance-of-counsel mistrial right-to-counsel uncorroborated-admission uncorroborated-extrajudicial-admission WHETHER PETITIONER'S CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WAS VIOLATED BY HIS TRIAL ATTORNEY'S FAILURE TO MOVE THE DISTRICT COURT T…
18-8199 Michael DeVaughn Johnson v. Arizona Arizona 2019-02-28 Denied IFP automatic-reversal constitutional-law constitutional-rights conviction criminal-procedure critical-stage critical-stages due-process habeas-corpus ineffective-assistance right-to-counsel sixth-amendment trial-counsel Was The ARIZONA STATE COURTS ceCISION that the abSeNCe Of the retitioner's trial counsel during two complet critical Stages" of the trial did not requ…
18-8151 Loren Williamson, III v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-02-27 Denied Response WaivedIFP 28-usc-2254a 28-usc-2254d conflict-of-interest due-process due-process-equal-protection-disparity equal-protection parties-to-the-proceeding post-conviction post-conviction-process right-to-counsel sixth-amendment sixth-amendment-right-to-counsel Whether a Certificate of Appealability should issule below to allowthe Ninth Circuit to determine whether. Lowrence v.Florida, 549 0.5.3.27, 33y(2007,…
18-8123 In Re Ronnie Lee Fagan 2019-02-25 Denied Response WaivedIFP acquittal constitutional-rights criminal-procedure criminal-trial defense-counsel double-jeopardy mistrial right-to-counsel sixth-amendment QUESTION ONE Whether the trial court's exclusion of defense counsel when the grounds for mistrial were being considered: (a) denied the defendant an …
18-8124 Tony Gross v. John Havlin, Warden Ohio 2019-02-25 Denied IFP 14th-amendment 6th-amendment criminal-procedure death-penalty due-process federal-jurisdiction fourteenth-amendment gideon-v-wainwright judicial-jurisdiction right-to-counsel rothgery-v-gillespie-county sixth-amendment state-jurisdiction zerbst-v-johnson Might the states and especially Ohio be required to accept and enforce the 6th and 14th amendment mandates of Gideon vWainwright, 772 U.S. 335, (196),…
18-8099 In Re Henry Lee Bryant 2019-02-22 Denied Response WaivedIFP 28-usc-1654 appellate-procedure collateral-proceeding collateral-review criminal-appeal criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion pro-se-representation right-to-counsel self-representation self-representation-right statutory-interpretation At the end of Henry Bryant's direct appeal the government informed his appointed attorney (Sheryl Lowenthal) that the lead investigator had been disci…
18-8113 Troy Arnaud v. Darrel Vannoy, Warden Fifth Circuit 2019-02-22 Denied Response WaivedIFP attorney-client client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify self-representation sixth-amendment trial-counsel Whether Arnaud was denied his constitutional right to the effective assistance of counsel. Whether Arnaud's trial counsel violated client autonomy. …
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…
18-1103 Paul Ross Evans v. United States Fifth Circuit 2019-02-22 Denied Response WaivedRelisted (2) 28-usc-2255 certificate-of-appealability choice-of-counsel civil-rights due-process effective-assistance habeas-corpus ineffective-assistance judicial-review prosecutorial-misconduct right-to-counsel standing 1. Ina proceeding under 28 U.S.C. § 2255, whether the right to choice of counsel or effective assistance is violated when counsel is appointed to repr…
18-8070 Billie Wayne Coble v. Texas Texas 2019-02-21 Denied IFP counsel-objection criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent objection right-to-counsel sixth-amendment trial-strategy In the wake of this Court's decision in McCoy v. Louisiana, 138 S. Ct. 1500 (2018), two questions have emerged in the courts called on to apply that c…
18-8020 Benjamin Besteder, Jr. v. Sean Bowerman, Warden Sixth Circuit 2019-02-20 Denied IFP 6th-amendment 8th-amendment access-to-evidence appeal civil-rights due-process excessive-punishment ineffective-assistance-of-counsel right-to-counsel Question not identified.
18-8032 Edgar Arellano v. California California 2019-02-20 Denied IFP 14th-amendment 6th-amendment appellate-procedure constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance pre-trial-investigation right-to-counsel sixth-amendment PETITIONER'S COUNSEL WAS INEFFECTIVE IN FAILING TO CONDUCT A REASONABLE PRE-TRIAL INVESTIGATION. THIS VIOLATED PETITIONER'S RIGHT TO COUNSEL, AS GUARA…
18-8015 In Re Michael Ojegba Agbonifo 2019-02-19 Denied Response WaivedIFP appeal constitutional-rights criminal-detention criminal-procedure criminal-proceedings detention due-process indefinite-detention judicial-misconduct legal-representation not-guilty right-to-counsel right-to-trial trial Is it Constitutional for a District Court Judge to Hold an accused in an alleged criminal proceedings indefinitely in detention without TRIAL when the…
18-8024 Alex Rodriguez v. New Jersey New Jersey 2019-02-19 Denied Relisted (3)IFP constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment THE DEFENDANT WAS DENIED THE RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL AS GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND…
18-8004 Henry Lee Craig v. Jody Bradley, Warden, et al. Fifth Circuit 2019-02-15 Denied IFP civil-rights due-process equal-protection judicial-misconduct judicial-oath prosecutorial-misconduct right-to-counsel right-to-fair-trial Did the trial court err - violate the petitioner Henry lee Crag # 26383 United States 14th Constitutional Amendment Equal Protection And Due Process t…
18-7960 Andracos Marshall v. United States Fourth Circuit 2019-02-14 Denied Response WaivedIFP constitutional-rights criminal-forfeiture due-process fifth-amendment fourteenth-amendment honeycutt-v-united-states luis-v-united-states pretrial-restraint pretrial-seizure right-to-counsel sixth-amendment substitute-assets I. This court has previously addressed the constitutionality of pretrial restraints and seizures of untainted substitute assets, holding that the unta…
18-7965 Daniel Stewart v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP civil-rights counsel-of-choice due-process fourth-amendment Fourth-Amendment-Claim Miranda-Rights probable-cause Right-to-Counsel rodriguez-v-united-states search-and-seizure standing Suspicionless-Surveillance warrantless-search Warrantless-Searches WHETHER THE WARRANTLESS SEARCHES OF PETITIONER'S PERSON, AND HIS MOTOR VEHICLE, WERE IN CLEAR VIOLATION OF HIS FOURTH AMENDMENT RIGHTS, AS ENUNCIATED …
18-7979 Eric K. Watkins v. United States Sixth Circuit 2019-02-14 Denied Response WaivedIFP 6th-amendment constitutional-vagueness crime-of-violence criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment statutory-interpretation vagueness Whether the subsection-specific definition of "crime of violence" in 18 U.S.C. 924(c)(3) (B), which applies only in the limited context of a federal c…
18-7873 Troy Sierra v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-02-11 Denied IFP constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial false-testimony ineffective-assistance-of-counsel ineffective-counsel right-to-counsel rights-advisement sixth-amendment Why did the U.S. government allow Del. Deluca to arrest and detain Petitioner at the Orlando County Jail on December 30. 2007 without counsel? Why was…
18-7877 Lester Roger Decker v. United States Ninth Circuit 2019-02-11 Denied Response WaivedIFP attorney-performance constitutional-law constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sixth-amendment Was defendant's attorney's role to fulfill his advisory position to his client ineffective, thus violating client's right to Due Process?
18-7880 Terrance Jerome Clarke v. United States Eleventh Circuit 2019-02-11 Denied Response WaivedIFP 6th-amendment civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias mental-health plea-bargaining right-to-counsel Are the elements of 18 U.S.C.§ 924 C satisfied if a unloaded Firearm and drugs and the unloaded Firearm of the crime? O does this constitute Title 18 …
18-7881 Zonta Tavarus Ellison v. United States Fourth Circuit 2019-02-11 Denied Response WaivedIFP alford-plea compulsory-process due-process fair-notice fifth-amendment motion-to-reopen-time rehearing-en-banc right-to-counsel rule-4(a)(6) sixth-amendment writ-of-certiorari DID THE APPEALS COURT INFRINGE UPON PETITIONER'S FIFTH AMENDMENT DUE PROCESS RIGHTS BY DENYING PETITIONER A FAIR NOTICE OF THE COURT's ORDER DENYING A…
18-7885 Christopher VanGuilder v. Daniel Martuscello, Superintendent, Coxsackie Correctional Facility Second Circuit 2019-02-11 Denied Response WaivedRelisted (2)IFP conflict-of-interest criminal-procedure due-process entrapment-defense grand-jury ineffective-assistance ineffective-assistance-of-counsel prejudicial-testimony right-to-counsel sixth-amendment supplemental-instructions supplemental-jury-instructions QUESTION (1) Whether United States District Second Circuit Court Of Appeals and or said Lower Court's Erred in Failing to grant Petitioner's Ineffecti…
18-7886 Akeen Ocean v. United States First Circuit 2019-02-11 Denied Response WaivedIFP 6th-amendment criminal-procedure deliberate-elicitation government-informant informant-testimony massiah-doctrine massiah-v-united-states post-indictment-rights right-to-counsel sixth-amendment Does 'deliberate elicitation' for purposes of Massiah v. United States, 377 U.S. 201 (1964), occur only in cases where the government has expressly di…
18-7770 Michael Paul Bradley v. Georgia Georgia 2019-02-07 Denied Response WaivedIFP appeals confrontation-clause constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction right-to-counsel sixth-amendment Question not identified.
18-7759 Travis Buckner v. United States Eleventh Circuit 2019-02-05 Denied Response WaivedIFP effective-representation fourteenth-amendment motion-to-continue right-to-counsel sixth-amendment trial-court-discretion trial-procedure 1. Whether the Defendant was denied his Sixth and Fourteenth Amendment Rights to assistance of counsel by the denial of his Motion to Continue his tri…
18-7772 Antonio Franklin v. Ohio Ohio 2019-02-05 Denied IFP capital-punishment civil-rights constitutional-rights criminal-procedure due-process effective-counsel execution-date habeas-corpus right-to-counsel Is the right to effective representation critical during which time the State moves for an execution date? Does the constitutional right to effective…
18-7733 Tyrone Justin Cowan v. Debbie Asuncion, Warden Ninth Circuit 2019-02-04 Denied IFP appeals certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel miranda-rights ninth-circuit right-to-counsel Did the Court of Appeals err in denying a certificate of appeal- ability and in evaluating petitioner's claims: 1) that his rights under Miranda v. Ar…
18-7754 In Re Archie Cabello 2019-02-04 Denied Response WaivedIFP case-law criminal-procedure judicial-discretion legal-procedure pleadings right-to-counsel right-to-self-representation rule-11 self-representation Does a trial judge have any duty to ensure that a defendant's right to counsel of choice is protected? When a defendant asserts his right to self—rep…
18-7725 Ralph Francis DeLeo v. Francisco J. Quintana, Warden Sixth Circuit 2019-02-01 Denied Response RequestedResponse WaivedRelisted (2)IFP collateral-review due-process judicial-proceeding luis-v-united-states new-watershed-rule powell-v-alabama retroactivity right-to-counsel sixth-amendment supreme-court-rule-10 watershed-rule Should this Court exercise its supervisory power under Supreme Court Rule 10 and Grant review of petitioner's case because the Sixth Circuit ignored h…
18-7694 Raymond Crespo v. New York New York 2019-01-31 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal criminal-procedure defendant-rights due-process faretta-v-california judicial-discretion legal-timeliness pro-se-representation right-to-counsel right-to-self-representation self-representation timeliness "How soon in the criminal proceeding must a defendant decide between proceeding by counsel or pro se?" Faretta v. California, 422 U.S. 806, 852 (1975)…
18-7644 Carlos Benitez v. James Key, Superintendent, Airway Heights Corrections Center Ninth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review conflict-of-interest constitutional-provisions criminal-procedure due-process effective-counsel evidentiary-hearing habeas habeas-corpus legal-claim right-to-counsel sixth-amendment standard-of-appealability standard-of-review Did trial counsel have a conplict of interest by simulttanecusly representing Me. Benitez and a defense witness, violating Mir. Benitez's Sixth Amendm…
18-7607 Bruce White v. United States Seventh Circuit 2019-01-28 Denied Response WaivedIFP counsel-actions criminal-procedure criminal-procedure-plea-bargaining defendant-rights due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel motion-withdrawal plea-agreement plea-bargaining right-to-counsel sentencing voluntary-plea withdrawal-of-plea IF A PLEA WAS NOT ENTERED VOLUNTARY, INTELLIGENTLY, OR KNOWINGLY WILL THAT BE CONSIDERED GROUNDS TO FILE A MOTION FOR WITHDRAWAL OF A PLEA AGREEMENT P…
18-7502 Edjuan Payne v. Illinois Illinois 2019-01-24 Denied IFP appeals appellate-review civil-rights competency criminal-procedure due-process mental-fitness mental-health right-to-a-fair-trial right-to-counsel sentencing trial-errors Question not identified.
18-7553 Elmos D. Hopkins v. Robert Dooley, Warden, et al. Eighth Circuit 2019-01-24 Denied IFP civil-rights confession confrontation-clause criminal-procedure due-process evidence ineffective-assistance-of-counsel jury jury-instructions right-to-counsel witness Can a defendant be convicted where two witnesses (owners of the home) who observed two males from 15 feet in broad daylight come out of their house an…
18-7556 Michael James Horton v. Clark E. Ducart, Warden Ninth Circuit 2019-01-24 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure critical-trial-stages due-process pro-se-representation right-to-be-present right-to-counsel self-representation standing statutory-interpretation trial-procedure FX ONS _JUSTiCe so eloQuent ly pot Veo "Lest We SEHe WWISTI Ch ONL DAT TR AROUND ) Sttouks THE UNE@ViVOCA RLGKT TO RENRESENT ONES SEIF OR HAVE COUNSe|…
18-7563 Lynce P. Foster v. United States Sixth Circuit 2019-01-24 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-law constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance legal-representation right-to-counsel sixth-amendment united-states-constitution WHETHER COUNSEL WERE INEFFECTIVE FOR NOT REPRESENTING PETITIONER ACCORDING TO A COUNSEL GUARANTEED TO THE PETITIONER BY THE SIXTH AMENDMENT OF THE UNI…
18-7521 Freddie King, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2019-01-23 Denied Response WaivedIFP collateral-review constitutional-right counsel douglas-v-california habeas-corpus ineffective-assistance ineffective-assistance-of-counsel louisiana-criminal-procedure martinez-v-ryan post-conviction-proceedings post-conviction-review procedural-default right-to-counsel state-procedure Whether a defendant in a state criminal case who is prohibited by state law from raising on direct appeal any claim of ineffective assistance of trial…
18-7531 John Paul Galbraith v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-23 Denied IFP 18-usc-3006a 28-usc-2254-rule-8 appeal appointment-of-counsel circuit-justice criminal-justice-act criminal-justice-act-of-1964 due-process evidentiary-hearing indigent-prisoner right-to-counsel The following questions effect prisoner's nationally: Whether, after an indigent prisoner is granted appeal, a circuit justice has the descretion to…
18-7532 Dale B. Green v. Florida Florida 2019-01-23 Denied IFP civil-rights criminal-procedure critical-stage due-process partial-denial presumption-of-unfair-trial pretrial-proceedings right-to-counsel Question not identified.
18-7506 Jonathan Glen Turner v. United States Ninth Circuit 2019-01-18 Denied Response WaivedIFP circuit-split criminal-procedure dilatory-conduct due-process manipulative-conduct obstreperous-conduct right-to-counsel sixth-amendment waiver Should this Court grant the petition for writ of certiorari to resolve the circuit split of whether a defendant may waive his Sixth Amendment right to…
18-7480 Karreem Tislam Jabar Wiley v. Larry Cartledge, Warden Fourth Circuit 2019-01-17 Denied Response WaivedIFP 6th-amendment compulsory-process confrontation-clause criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-counsel Question not identified.
18-7422 David Lee Williams v. Darrel Vannoy, Warden Louisiana 2019-01-15 Denied IFP civil-procedure constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction louisiana-supreme-court right-to-counsel standing statutory-interpretation Is defendnt entitled to relef where he was constuctively denied counsel duing trial? Is ndnt ied to whhewas cnuctivy dend counsel duina his one and o…
18-7436 Jeffrey Nicholas Aase v. Paul Schnell, Commissioner, Minnesota Department of Corrections Eighth Circuit 2019-01-15 Denied Response WaivedIFP certificate-of-appealability conflict-of-interest criminal-defense cuyler-v-sullivan federal-law ineffective-assistance ineffective-assistance-of-counsel judicial-integrity prosecutorial-ethics right-to-counsel structural-error Petitioner's private practice defense counsel', whose practice was struggling financially, created a personal conflict of interest before the start of…
18-7402 Robert Shapiro v. United States Federal Circuit 2019-01-14 Denied Response WaivedIFP 6th-amendment compulsory-process confrontation-clause criminal-procedure due-process jury-trial public-trial right-to-counsel speedy-trial What Des th Unite States Cnstifution er omean efrine timeliness referred toby right to a criminal proseation, the an impartal jory of the state and di…
18-7406 Benjamin James Boatman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-01-14 Denied IFP criminal-procedure cumulative-error drug-induced-psychosis due-process heat-of-passion ineffective-assistance jury-instructions prosecutorial-misconduct right-to-counsel Mr. Boatman alleged that trial counsel was ineffective for failing to conduct, develop, and present readily available evidence of a drug-induced psych…
18-7299 Leon Tony Parker, Jr. v. Texas Texas 2019-01-10 Denied IFP conflict-of-interest counsel-of-choice counsel-withdrawal court-procedure due-process judicial-discretion motion-resolution motion-to-substitute motion-to-substitute-counsel motion-to-withdraw record-keeping right-to-counsel trial-court-discretion trial-fairness The Petitioner sought to withdraw counsel because of a legitimate conflict in counsel's representation; and then, two months later, sought to substitu…
18-7337 Gary D. Martin v. Ralph Terry, Acting Warden West Virginia 2019-01-09 Denied Response WaivedIFP change-of-venue constitutional-error due-process equal-protection habeas-corpus indigent-rights ineffective-assistance ineffective-assistance-of-counsel judicial-bias right-to-counsel venue GROUND ONE: Did the State of West Virginia and subservient Circuit Court of Fayette County, West Virginia "abuse its discretion" and commit 'clear err…
18-7281 Olandio Ray Workman v. John Vandermosten, et al. Fourth Circuit 2019-01-08 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence false-charges indigent-defense legal-mail medical-care prison prison-conditions right-to-counsel standing (1) "Did The DisTricT COurT in GrEEnVille SOuTh Carolina denie me due process when They denied me appointed Counsel when They (2) "Is iT Lawfull for …
18-7202 Fidel Rios Soto v. California California 2019-01-03 Denied Response WaivedIFP 5th-amendment 6th-amendment custodial-interrogation custodial-interview due-process edwards-rule incriminating-statements incriminatory-statements law-enforcement-questioning miranda-rights miranda-v-arizona right-to-counsel smith-v-illinois When a suspect invokes the right to counsel during a custodial interview, can law enforcement officers continue to question the suspect if their post-…
18-7208 Nicholas Maslonka v. Noah Nagy, Warden Sixth Circuit 2019-01-02 Denied Response RequestedRelisted (2)IFP constructive-denial critical-stage cronic-standard cronic-v-united-states habeas-corpus right-to-counsel sixth-amendment state-action 1. Is there a requirement that state action contribute to counsel's absence from a critical stage of the proceedings in order for there to be a constr…
18-7199 Adelmo A. Fauntleroy v. Virginia Virginia 2018-12-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-counsel incarceration ineffective-assistance-of-counsel reasonable-doubt right-to-counsel sixth-amendment 1). Did the Court have sufficient evidence beyond a reasonable doubt to convict the petitioner under the Sixth Amendment by the U.S.A. 2).Was the low…
18-7099 Richard Allen Ratushny v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2018-12-20 Denied IFP Brady-v-Maryland brady-violation conflict-of-interest crimen-falsi due-process right-to-counsel sixth-amendment welfare-fraud WAS THE PETITIONER DENIED HIS SIXTH AMENDMENT RIGHT TO COUNSEL WHERE DEFENSE COUNSEL THAT REPRESENTED PETITIONER SIMULTANEOUSLY AND A POTENTIAL DEFENS…
18-791 Kyle James Moesch v. Texas Texas 2018-12-20 Denied Response Waived collateral-proceedings collateral-review constitutional-rights douglas-v-california due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan right-to-counsel sixth-amendment In Douglas v. California, 372 U.S. 353, 357 (1963), this Court held that prisoners are entitled to counsel on their as-of-right direct appeal because …
18-762 Jaime Valente Pina, Jr. v. United States Sixth Circuit 2018-12-14 Denied Relisted (2) conflict-of-interest criminal-indictment federal-prosecution plea-bargaining pre-indictment right-to-counsel sixth-amendment state-charges state-prosecution Petitioner Jaime V. Pina, Jr., and his younger brother Angel were charged in state court with possession with intent to deliver cocaine. An attorney h…
18-6997 T. H. -H. v. Allegheny County Office of Children, Youth and Families, et al. Pennsylvania 2018-12-11 Denied Response WaivedIFP 14th-amendment due-process equal-protection fourteenth-amendment involuntary-termination parental-rights right-to-counsel 1. May a State, consistent with the Due Process and Equal Protection Clauses of the Fourteenth Amendment, condition the statutorily granted right to c…
18-742 Brandon Washington v. Alabama Alabama 2018-12-11 Denied Response RequestedResponse WaivedRelisted (2) constitutional-review cumulative-effect cumulative-error due-process ineffective-assistance performance prejudice prejudice-analysis right-to-counsel strickland-standard strickland-v-washington trial-counsel trial-counsel-errors Whether, under Strickland v. Washington, 466 U.S. 668 (1984), a court assessing the prejudice resulting from trial counsel's errors should consider ea…
18-6983 Sholam Weiss v. United States Eleventh Circuit 2018-12-11 Denied Response WaivedIFP and a Certificate of Appealability should have is where the government had committed itself to pros adversary-system adverse-positions certificate-of-appealability criminal-procedure due-process grand-jury prosecutorial-commitment prosecutorial-discretion right-to-counsel This Court implicitly held in Kirby v. Illinois, 406 U.S. 682 (1972), that the right to counsel can attach before formal charges are made, or before a…
18-6968 Alejandro Quinones Leyva v. United States District Court for the District of South Carolina Fourth Circuit 2018-12-11 Denied Response WaivedIFP 6th-amendment criminal-procedure ineffective-assistance ineffective-assistance-of-counsel language-barriers notice-of-appeal plea-bargaining prejudice right-to-counsel sentencing sentencing-rights sixth-amendment ALEJANDRO QUINONES-LEYVA, being duly sworn deposes as true; 1- I am the defendant herein, (2) In comection with pleading and sentencing I received ine…
18-6961 In Re Michael D. Johnson 2018-12-07 Denied IFP 6th-amendment constitutional-law criminal-procedure due-process jury-reduction jury-selection right-to-counsel sixth-amendment Question not identified.
18-6967 Michael Danilovich, aka Sealed Defendant 2, aka Mike Daniels, aka Fat Mike, aka Mike D v. United States Second Circuit 2018-12-07 Denied Response WaivedIFP appointment-of-counsel civil-rights criminal-procedure due-process indigent-defendant legal-representation qualified-reappointment reappointment-of-counsel right-to-counsel sixth-amendment The question presented is whether an indigent defendant has a qualified right to reappointment of counsel.
18-6949 Eric A. Klein v. United States Second Circuit 2018-12-07 Denied Response WaivedRelisted (2)IFP critical-stages federal-felony johnson-v-zerbst limited-appearance plea-negotiations pro-se right-to-counsel sixth-amendment sixth-amendment-right-to-counsel waiver-of-counsel QUESTION I Whether in Federal Felony case because of the 6th Amendment of Bill of Rights where the Defense Arraigment Counsel made a "Limited Appeara…
18-6869 Mario Andrette McNeill v. North Carolina North Carolina 2018-11-29 Denied IFP capital-defendant capital-defendant-instructions capital-punishment counsel counsel-decision-making cruel-and-unusual-punishment eighth-amendment mitigating-evidence right-to-counsel sixth-amendment Whether the Sixth Amendment right to counsel and the Eighth Amendment prohibition on cruel and unusual punishment allow a state to give binding force …
18-6871 Archie Cabello v. United States District Court for the District of Oregon Ninth Circuit 2018-11-28 Denied Response WaivedIFP case-law criminal-procedure due-process judicial-discretion right-to-counsel rule-11 self-representation Does a Trial Judge have any duty to ensure that a defendants right to counsel of choice is protected? When a defendant asserts his right to self—repr…
18-697 Tony Von Carruthers v. Tony Mays, Warden Sixth Circuit 2018-11-27 Denied argersinger-v-hamlin capital-case capital-punishment criminal-defendant criminal-procedure due-process faretta-v-california pro-se-representation right-to-counsel sixth-amendment waiver Does depriving a criminal defendant of trial counsel against his will, without at least the warnings and voluntary waiver required by Faretta, violate…
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 IF AN INTERROGATOR FAILS TO REMAIN WITHIN THE BRIGHT-LINE AFTER THE SUSPECT INVOKE COUNSEL, CAN A SPONTANEOUS STATEMENT -WHICH IS MADE AFTER THE SUSPE…
18-6815 Micheal Jerrial Ibenyenwa v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-26 Denied IFP civil-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel plea-bargaining procedural-default right-to-counsel sentencing QUESTION 1: IS A COA MANDATED IF A PETITIONER DEMONSTRATES THE STATE ARRIVED AT A DECISION CONTRARY TO AND A UNREASONABLE APPLICATION OF STRICKLAND AN…
18-656 Johnathan Hall, Director, Kentucky Department of Corrections, Division of Probation and Parole v. William O. Ayers Sixth Circuit 2018-11-21 Denied 28-usc-2254 experienced-criminal-defense-attorney experienced-criminal-trial-attorney federal-habeas-review federal-review habeas-corpus right-to-counsel sixth-amendment state-court-decision uncounseled-defendant waiver Was federal habeas relief improperly granted when, without basis in this Court's clearly established precedent, the federal court disregarded the dete…
18-6701 Roger Dale Epperson v. Kentucky Kentucky 2018-11-14 Denied IFP client-autonomy closing-argument concession-of-guilt criminal-procedure defense-strategy ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-control-defense right-to-counsel sixth-amendment Is a defendant's Sixth Amendment right to counsel, and the right to control the objective of the defense, violated, under the Court's recent decision …
18-6688 Stephen D. Leonard v. Florida Florida 2018-11-14 Denied Relisted (2)IFP civil-procedure civil-rights dade-county due-process public-defender public-leader restitution right-to-counsel standing universal-declaration-of-human-rights 1. Did the State Court Violate the Court Ordered Rehearing on January 29, 2018? 2. Did the State Court Presiding Judge Violate the Court Order allowi…
18-6655 Andrew John Miller v. Duncan MacLaren, Warden Sixth Circuit 2018-11-13 Denied IFP 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process evidence preliminary-examination right-to-counsel sixth-amendment witness-testimony Whether review is warranted because the Petitioner-Appellant's convictions must be reversed and this matter remanded for a new trial where the admissi…
18-6653 Rolando Calderin v. Illinois Illinois 2018-11-09 Denied Response WaivedIFP appellate-court-error appellate-review constitutional-rights constitutional-violation criminal-procedure due-process inculpatory-statements miranda-rights right-to-counsel self-incrimination suppression-of-evidence trial-court-error Whether Illinois Trial Court and Appellate Court erred when it failed to suppress' Petitioner's inculpatory statements that were obtained after petit…
18-6641 Antonio Fahie v. Neil McDowell, Warden Ninth Circuit 2018-11-08 Denied IFP criminal-procedure due-process evidentiary-sufficiency ineffective-assistance-of-counsel plea-bargaining plea-withdrawal-motion prosecutorial-misconduct rape-charges right-to-counsel sentencing Why did'nt the judge let he take. back my plea,When my counsel told the court the i never admitted to any of the (RAPE) charges. When i found out tha…
18-6626 William Foley Miller v. Florida Eleventh Circuit 2018-11-08 Denied IFP civil-rights due-process federal-habeas federal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mistrial procedural-default right-to-counsel state-appellate-review bid Al-I - Us A y PJr-/ ss 8r r/ Cos X 4 b ,"± A c'i I A d L J A/o* Pocerie , T-<<; For R v / YA roc A U r xhus+-ed i4r PricurJ/Y bFu/i'ei) /6JM Tr A …
18-6642 Ikemefula Charles Ibeabuchi v. Arizona Arizona 2018-11-08 Denied Response WaivedIFP civil-rights consent constitutional-rights due-process equal-protection fees judicial-review probation probation-conditions probation-officer revocation right-to-counsel A defendant always has the vight to Centact an attorney at his own expense. It is a violation of the U.S. Constitution to punish defendants for exerci…
18-6593 Sigifredo Molina-Varela v. United States Tenth Circuit 2018-11-07 Denied Response WaivedIFP constitutional-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel motion-for-severance prejudice prejudicial-error right-to-counsel severance sixth-amendment DID THE DEFENSE COUNSEL'S FAILURE TO FILE A MOTION FOR SEVERANCE CREATE A SIGNIFICANT PREJUDICE AGAINST THE PETITIONER THEREBY CONSTITUTING INEFFECTIV…
18-6580 Wiliiam Scott Fitts v. Barry Goodrich, Warden, et al. Georgia 2018-11-06 Denied Response WaivedIFP criminal-procedure due-process fourteenth-amendment Fourteenth-Amendment-due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel normative-legal-issues plea-bargaining right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment 1. The constitution requires special consideration in assessing the accuseds conduct in guilty pleas especially when parole consequences is adetermina…
18-6553 Michael Founier Dixon, aka Michael Fournier Dixon v. Texas Texas 2018-11-02 Denied Response WaivedIFP civil-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing PlEA AgReemeNts At "ANy" stagE duRinNg the CRimiNs pRocess CAUSE the defendant Harm; considering that they All contrined a factually iNsufficint deadl…
18-6560 Wendell Weaver v. Walter Nicholson, Warden Seventh Circuit 2018-11-02 Denied Response WaivedIFP counsel-of-choice criminal-procedure disqualification eyewitness-testimony ineffective-assistance prosecutorial-misconduct reasonable-alternatives right-to-counsel strickland-standard strickland-v-washington trial-court wheat-v-united-states Does Wheat v. United States, 486 U.S. 153 (1988) clearly establish that trial courts must consider reasonable alternatives before disqualifying a crim…
18-6549 Eric Branch v. United States Fourth Circuit 2018-11-01 Denied Response WaivedIFP anti-shuttling anti-shuttling-violation appeal-waiver constitutional-violation corrupt-officials due-process garza-v-idaho iada-violation ida-violation ineffective-assistance-of-counsel right-to-counsel roe-v-flores-ortega WHETHER THE TRIAL COUNSELOR AND EVIDENTIARY COUNSELOR WERE INEFFECTIVE WHEN BOTH COUNSELORS FAILED TO FILE THE APPEAL OR FAILED TO EVEN NOTIFY THE PET…
18-6535 Rodney Williams v. Michigan Michigan 2018-11-01 Denied IFP 6th-amendment due-process fourth-amendment-violation jurisdictional-defect jury-trial-rights restitution right-to-counsel sentencing sixth-amendment-right void-judgment void-restitution-order void-sentence WAS DEFENDANT DENIED HIS CONSTITUTIONAL RIGHT TO COUNSEL AT HIS SENTENCING AND RESTITUTION HEARING; CONSTITUTING A VOID SENTENCE AND RESTITUTION ORDER…
18-6504 James D. Russian v. United States Tenth Circuit 2018-10-31 Denied Response WaivedIFP criminal-defendant criminal-procedure federal-court habeas-corpus haines-v-kerner liberal-construction liberal-construction-rule pro-se pro-se-filings pro-se-pleadings right-to-counsel sixth-amendment substitution-of-counsel When a criminal defendant's prose filings can be read as stating a valid basis for substitution of counsel under circuit law, must a federal court, co…
18-6479 In Re Evan P. Galvan 2018-10-29 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment standing Court for initial cirraignment without ilwhen petitioner appearred in Counsel whether the state Court islwas Sequired by the Us. Constitution bth and …
18-6435 John Rogers v. Darrel Vannoy, Warden Fifth Circuit 2018-10-25 Denied IFP certificate-of-appealability collateral-review constitutional-right-to-counsel direct-appeal due-process extraordinary-circumstances fifth-circuit ineffective-assistance-of-counsel right-to-counsel Whether the State of Louisiana stripped John Rogers of his Constitutional Right to Representation by counsel on his claim of "ineffective assistance o…
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 (a) trial counsel informs the court that he is not prepared for trial; and (b) the court's Faretta colloquy does not inquire into the voluntarine…
18-6406 Daniel Tappen v. Florida Florida 2018-10-23 Denied Response WaivedIFP attorney-client-privilege attorney-client-relationship constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel law-enforcement right-to-counsel sixth-amendment Whether a defense attorney renders ineffective assistance of counsel – in violation of the Sixth Amendment to the Constitution – by failing to inform …
18-6377 Rashad Woodside v. United States Sixth Circuit 2018-10-19 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights counsel-presence criminal-procedure defendant-rights due-process limited-remand open-court resentencing right-to-be-present right-to-counsel sentencing Whether a defendant has the right to be present with counsel at a resentencing hearing where the reasons for the sentence are stated in open court aft…
18-6325 Adrian Contreras-Rebollar v. Mike Obenland, Superintendent, Monroe Correctional Complex Ninth Circuit 2018-10-15 Denied Response WaivedIFP 6th-amendment certificate-of-appealability co-counsel criminal-procedure-6th-amendment-right-to-counsel- criminal-procedure-6th-amendment-self-defense-inef defense-of-another due-process ineffective-assistance jury-instruction right-to-counsel self-defense sixth-amendment where petitioner's defense in the trial court was based on Self-Defense, petitioner did not fully trust his Dept. of Assigned counsel lawyer, and thus…
18-6314 Vilaychith Khouanmany v. United States Eighth Circuit 2018-10-12 Denied Response WaivedRelisted (2)IFP appointment-of-counsel career-offender civil-rights,due-process,criminal-procedure,senten criminal-procedure due-process excessive-sentences habeas-corpus pro-se-litigant procedural-due-process right-to-bail right-to-counsel sentence-enhancements sentencing speedy-trial Is Dertyincj Appealbity of case no.17-1243 when the issues of career offender, enhancements of my priors and excessives sentences, and was unfairly de…
18-6298 Robert Alan Fratta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-11 Denied Relisted (2)IFP capital-punishment civil-rights constitutional-rights constructive-amendment due-process fatal-variance habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jackson-review miscarriage-of-justice pro-se-representation right-to-counsel standing sufficiency-of-evidence *** CAPITAL CASE IS IT UNCONSTITUTIONAL FOR A U.S. COURT OF APPEALS TO ACCEPT, SANCTION OR MAKE DECISIONS THAT: ALLOW STATE COURTS 110 REFUSE TO. ACCE…
18-6295 Steven Anthony Walcott, Jr. v. Louisiana Louisiana 2018-10-11 Denied Response WaivedIFP civil-rights criminal-procedure due-process ineffective-assistance-of-counsel right-to-appeal right-to-counsel right-to-fair-trial A probable cause to hold hearing without counsel? May the state force a lawyer upon the accused when he insists that he wants to conduct his own defe…
18-6245 Johnny Kirkland v. Progressive Insurance Company, et al. Alabama 2018-10-09 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights directed-verdict due-process evidence motion-to-dismiss right-to-counsel standing (1) Whether Raymond Luker was negligent. (2) Whether it was a refusal at trial to accept proffered admissible evidence, not the granting of the motio…
18-6207 Manuel Ernesto Paiz Guevara v. United States Fourth Circuit 2018-10-03 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion capital-crime capital-punishment criminal-procedure death-penalty eighth-amendment fourth-circuit-split mandatory-sentencing miller-v-alabama right-to-counsel sentencing sentencing-discretion statutory-interpretation 1. Whether the Fourth Circuit erroneously held - in conflict with the plain language of 18 U.S.C. § 3005 and in conflict with a 45-year split between …
18-6183 Reginald Lynch v. Hilton Hall, Jr., Warden, et al. Eleventh Circuit 2018-10-02 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure davis-v-washington dying-declaration hearsay ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington DOES PETITIONER RECEIVE INEFFECTIVE ASSISTANCE OF COUNSEL WHEN TRIAL COUNSEL FAILS TO OBJECT TO TESTIMONY FROM A WITNESS REPEATING THE STATEMENTS OF A…
18-6132 Marlon Oliver v. United States Sixth Circuit 2018-09-28 Denied Response WaivedIFP 2011 plea offer not requiring cooperation and def criminal-procedure criminal-procedure-ineffective-assistance-of-couns due-process ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer right-to-counsel sixth-amendment 1. WHETHER THERE IS A REASONABLE PROBABILITY THAT THE COURT BELOW WOULD VACATE PETITIONER'S CONVICTION, GIVING THE OPPORTUNITY TO CONSIDER THIS COURT'…
18-6110 Mikal Mahdi v. South Carolina South Carolina 2018-09-28 Denied IFP appointment-of-counsel capital-punishment constitutional-rights criminal-procedure death-penalty death-sentence habeas-corpus indigent-counsel ineffective-assistance-of-counsel post-conviction-relief procedural-history right-to-counsel sixth-amendment south-carolina-supreme-court state-court Question not identified.
18-6055 Willie Triplett, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2018-09-20 Denied Relisted (2)IFP 14th-amendment 6th-amendment constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel rule-60(b)(6) rule-60b6 state-created-impediment supervisory-authority I. Whether Lower Court's denial of Motion for Reconsideration pursuant to Rule 60(b)(6) based on intervening law was an abuse of discretion that confl…
18-6035 Zachary Chambers v. United States Third Circuit 2018-09-20 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sentencing-exposure sixth-amendment trial-counsel 1. Whether the lower court abused its discretion in ruling that trial counsel's erroneous advice about petitioner's sentencing exposure if he proceed …
18-360 Ronald Bergrin v. United States Sixth Circuit 2018-09-20 Denied Response Waived competency-test conflicts-of-interest counsel-conflict criminal-investigation due-process due-process,criminal-procedure,competency,conflict dusky-standard dusky-v-united-states right-to-counsel stand-trial standard-of-review structural-error Does the competency test established in Dusky v. United States, 362 U.S. 402 (1960), permit a finding of incompetency to stand trial based on the accu…
18-6029 Debra Ann Aquilina v. Sarah Davis, Administrator, Edna Mahan Correctional Facility, et al. Third Circuit 2018-09-18 Denied Response WaivedIFP cause-of-death constitutional-rights criminal-procedure due-process expert-opinion expert-testimony ineffective-assistance ineffective-assistance-of-counsel medical-examiner right-to-counsel right-to-effective-counsel sixth-amendment trial-counsel trial-errors trial-proceedings QUESTION ONE: Did the petitioner's trial counsel provide constitutionally ineffective assistance, violated petitioner 's right to effective assistance…
18-5979 Malik Derry v. United States Third Circuit 2018-09-13 Denied Response WaivedIFP 5th-amendment 6th-amendment brady-v-maryland brady-violation conspiracy constitutional-rights criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment law-of-case right-to-be-present right-to-counsel sixth-amendment suppression-of-evidence A. Whether the Fifth or Sixth Amendments, or Rules 43 and 44 of the Federal Rules of Criminal Procedure, are violated when neither a criminal defendan…
18-5946 William A. Parrish, Jr. v. Lyneal Wainwright, Warden Sixth Circuit 2018-09-12 Denied Response WaivedIFP appellate-rights court-of-appeals due-process effective-assistance-of-counsel grand-jury-selection indigent indigent-defendant indigent-litigant judicial-discretion perjured-testimony pro-se right-to-appeal right-to-counsel self-representation speedy-trial transcript trial-transcript Did the State Court of Appeals have the authority to deny a pro se indigent litigant a copy of his trial transcript because he choose to represent him…
18-5928 Ricardo Limon-Urenda v. United States Eighth Circuit 2018-09-11 Denied Response WaivedIFP 6th-amendment ambiguous-answer criminal-procedure hearing impartial-jury impartiality ineffective-assistance juror-impartiality jury-selection prospective-juror right-to-counsel sixth-amendment WHETHER THIS COURT SHOULD GRANT THE WRIT TO CLARIFY AN IMPORTANT AREA OF LAW RELATING TO WHETHER TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE UNDER T…
18-5910 Curtis Dee Packard v. Barry Goodrich, Warden, et al. Tenth Circuit 2018-09-07 Denied Response WaivedIFP 6th-amendment assistance-of-counsel confrontation-clause criminal-procedure due-process ineffective-assistance pro-se-representation public-defender right-to-counsel self-representation sixth-amendment trial-court withdrawal-of-counsel Whether both the trial court and the State's Public Defender's Office invited error and erroneously denied the Petitioner his 6th Amendment rights to …
18-5864 Benjamin Patrick Lee v. Suzanne M. Peery, Warden Ninth Circuit 2018-09-04 Denied IFP civil-rights criminal-procedure double-jeopardy due-process equal-protection free-exercise habeas-corpus right-to-counsel state-laws Can State actors and stite Court Violate the due process and equal protection clanses of the United States Constitution and the sfate's own enumerated…
18-5857 Jeffrey Latimore v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-09-04 Denied Response WaivedIFP competency competency-hearing constitutional-rights criminal-procedure due-process habeas-corpus mental-competency plea-agreement plea-bargaining right-to-counsel state-attorney-office state-court state-courts trial-court WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY DENYING PETITIONER LATIMORE A COMPETENCY HEARING BEFORE A PLEA AGREEMENT WHETHER THE STATE ATTORNEY OFF…
18-5826 John C. Carter v. Antoine Caldwell, Warden Eleventh Circuit 2018-08-29 Denied Response WaivedIFP appeal appellate-procedure civil-rights constructive-denial-of-counsel criminal-appeal criminal-procedure critical-stage-of-appeal due-process equal-protection habeas-corpus ineffective-assistance-of-counsel right-to-counsel state-criminal-trial-court state-law-limitations Number One = Is the hiatus between the termination of a criminal jury trd and the begining of an aecal e citical stage of crininal froeeding in the 5…
18-5697 James R. Reece v. L. Ray Whitley, et al. Sixth Circuit 2018-08-22 Denied IFP criminal-procedure criminal-proceedings critical-stage indigent-prisoner new-trial post-trial pre-appeal right-to-counsel sixth-amendment subject-matter-jurisdiction 1. Whether a post-trial pre-appeal motion for new trial filed by an indigent prisoner is a critical stage of state criminal proceedings protected by r…
18-5689 George Bridgette v. Debbie Asuncion, Warden, et al. Ninth Circuit 2018-08-22 Denied Response WaivedRelisted (2)IFP 6th-amendment civil-rights constitutional-claim constitutional-rights due-process evidentiary-hearing extraordinary-circumstances federal-rules-of-civil-procedure habeas-corpus ineffective-assistance-of-counsel procedural-requirements right-to-counsel substitute-counsel 1. whethes district count failuse to nppoint substitute Counsc to Continve t repcesent Petitonerin the evideatinyharing aftes ceming the assign Counse…
18-5679 William J. O'Brien, III v. United States Third Circuit 2018-08-21 Denied Response WaivedIFP criminal-procedure due-process right-to-counsel self-representation sixth-amendment trial-court trial-procedure waiver waiver-of-counsel Was not William O'Brien, III denied his Sixth Amendment Right to counsel when the trial court refused to appoint a lawyer for him at the hearing at wh…
18-5662 Myrna Diaz v. New Jersey New Jersey 2018-08-20 Denied IFP constitutional-rights counsel-misconduct criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sentencing sixth-amendment unauthorized-practice-of-law DID THE STAFF OF THE "PROJECT FREEDOM FUND" WHO PROVIDED FAULTY LEGAL ADVICE TO PETITIONER, AND THUS INDUCED HER TO WITHDRAW A GUILTY PLEA FOR WHICH S…
18-5647 Jeremy R. Mares v. Illinois Illinois 2018-08-20 Denied Response WaivedIFP appeal appellate-review constitutional-representation conviction criminal-procedure direct-appeal due-process felony-conviction ineffective-assistance ineffective-assistance-of-counsel property-recovery right-to-counsel sentence summary-motion Whether counsel appointed in a direct appeal from a felony conviction provides constitutionally sufficient representation where he files an unopposed …
18-5619 Ralph Raul Contreras v. Hunter Anglea, Warden Ninth Circuit 2018-08-17 Denied IFP attorney-client-relationship attorney-fees california-rules-of-professional-conduct conflict-of-interest constitutional-rights professional-conduct right-to-counsel sixth-amendment state-created-rights Petitioner contends that a criminal defendant is entitlE to counsel at all crucial stages of the proceeding. United states Constitution, Sixth Amendme…
18-5616 Robert Earl Clayborne, Jr. v. Nebraska Eighth Circuit 2018-08-16 Denied Response WaivedIFP 6th-amendment civil-rights competency competency-hearing criminal-defense criminal-procedure due-process effective-assistance-of-counsel mental-disability mental-health prosecutorial-misconduct right-to-counsel sixth-amendment Why Petitioner entitled to a Certificate of Appealability on the issue of Ineffective Assistance of Counsel based on Incompetence? Was the Petitioner…
18-201 Parviz Montazer v. Parvin R. Montazer California 2018-08-15 Denied appellate-counsel appellate-procedure civil-procedure conflict-of-interest constitutional-protections criminal-contempt criminal-procedure due-process indigent-defendant indigent-rights ineffective-assistance-of-counsel judicial-bias right-to-counsel sixth-amendment transcript-costs 1. Is not an appellate court required to appoint counsel to an indigent in a criminal case? if so, is not an indigent appellant entitled to the cost o…
18-5579 In Re Brent Cole 2018-08-13 Denied Response WaivedIFP common-law common-law-right constitutional-rights due-process first-amendment justice petition-clause right-to-counsel sixth-amendment standing 1. Is a court's refusal to allow an accused person any opportunity to be heard by themself and counsel a substantive violation of due process, common …
18-5578 Antonio U. Akel v. United States Eleventh Circuit 2018-08-13 Denied Response WaivedRelisted (2)IFP appeal appellate-procedure civil-rights constitutional-violation criminal-procedure direct-appeal due-process exceptional-injustice federal-rules-of-appellate-procedure ineffective-assistance judicial-error right-to-counsel sixth-amendment standing supervisory-authority 1.) WIETHER THE UNDISPUTED AND CLEAR VIOLATION OF AN APPELLANTS SIXTH AMENDMENT RIGHT TO THE ASSISTANCE OF COUNSEL .ON DIRECT APPEAL IS AN EXCEPTIONAL…
18-5545 Carlos David Lopez v. California California 2018-08-10 Denied Response WaivedIFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel mental-health-records plea-bargaining right-to-compulsory-process right-to-confrontation right-to-counsel sixth-amendment Does a trial court's refusal to review privileged mental health records of the complaining witness during plea negotiations violate the Sixth Amendmen…
18-5544 Van Le v. Debbie Aldridge, Warden Tenth Circuit 2018-08-10 Denied IFP criminal-procedure due-process equal-protection language-access right-to-counsel state-funding translation translation-services Question not identified.
18-5543 In Re Andre David Leffebre 2018-08-10 Denied IFP 6th-amendment civil-rights criminal-procedure due-process entrapment government-misconduct habeas-corpus ineffective-assistance-of-counsel right-to-counsel Question not identified.
18-5539 Derek W. Pelto v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-08-10 Denied Response WaivedIFP burden-of-proof change-of-law insanity-defense right-to-testify burden-of-proof certificate-of-appealability criminal-procedure ineffective-assistance insanity-defense right-to-counsel right-to-testify sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r…
18-5494 Blaine Keith Milam v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-07 Denied IFP buck-v-davis certificate-of-appealability civil-rights death-penalty due-process fifth-circuit habeas-corpus ineffective-assistance-of-counsel intellectual-disability judicial-review mitigating-evidence procedural-default right-to-counsel Did the Fifth Circuit err in not granting a certificate of appealability on the claims presented in violation of the holding of Buck v. Davis, 137 S. …
18-5466 Lawrence E. Wilson v. Ohio Ohio 2018-08-06 Denied Response WaivedIFP criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment nunc-pro-tunc open-court right-to-counsel sentencing sentencing-requirements sixth-amendment void WHETHER A TRIAL COURT'S FAILURE TO COMPLY WITH STATUTORY REQUIREMENTS WHEN IMPOSING A SENTENCE RENDERS THE ATTEMPTED SENTENCE VOID.? WHETHER THE TRIA…
18-5459 Zachary David Warnell v. Texas Texas 2018-08-03 Denied IFP appeal appeals appellate-procedure constitutional-rights criminal-procedure douglas-v-california due-process effective-assistance-of-counsel equal-protection evitts-v-lucey ineffective-assistance pro-se-representation right-to-counsel CAN A STATE, SUCH AS THE STATE OF TEXAS, WHICH HAS AN ESTABLISHED SYSTEM OF APPEAL WITH THE CONSTITUTIONAL GUARANTEE OF APPELLATE COUNSEL WITH AN ADEQ…
18-5462 Alfonso V. Senior, Jr. v. Ron Haynes, Superintendent, Stafford Creek Corrections Center Ninth Circuit 2018-08-02 Denied Response WaivedIFP discretionary-review exhaustion-of-state-remedies habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan post-conviction-proceedings post-conviction-relief pro-se-petition right-to-counsel state-court-remedies Has a habeas corpus petitioner who was unrepresented in his state post conviction proceedings, in a state which refuses to appoint counsel for such pr…
18-5420 Tyler T. Heagy v. Pennsylvania Pennsylvania 2018-07-31 Denied Relisted (2)IFP appeal-rights constitutional-rights criminal-procedure due-process filing-restrictions habeas-corpus post-conviction-relief procedural-due-process right-to-appeal right-to-counsel standing statutory-interpretation unconstitutional-as-applied Was 42 Pa.C.S.A. §9543 (a)(1)(i) unconstitutional as applied to Petitioners case? Were 42 Pa.C.S.A. §9545 (b) and (c) unconstitutional as applied to …
18-5416 Ramal Hammond v. Ohio Ohio 2018-07-31 Denied Response WaivedIFP amnesia burden-of-proof competency criminal-procedure defendant-amnesia due-process dusky-standard dusky-v-united-states mental-capacity right-to-counsel sixth-amendment trial-competency When the evidence of guilt is far from overwhelming but cannot be rebutted without information that only the defendant would know, but due to amnesia …
18-138 Brian Huffman v. Kirstjen M. Nielsen, Secretary of Homeland Security District of Columbia 2018-07-31 Denied administrative-law agency-procedure agency-regulations circuit-conflict circuit-split due-process harmless-error remand right-to-counsel Whether a court must remand a matter for a new board hearing when an administrative board's failure to follow its own regulations implicates a petitio…
18-5351 Payman Borhan v. Joe A. Lizarraga, Warden Ninth Circuit 2018-07-25 Denied Response WaivedIFP certificate-of-appealability choice-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance mccoy-v-louisiana right-to-choice-of-counsel right-to-counsel sixth-amendment (1) Under the modest standard for a certificate of appealability, is it at least debatable that the state court unreasonably ignored both Borhan's jus…
18-106 John R. Turner v. United States Sixth Circuit 2018-07-24 Denied Amici (6)Relisted (2) circuit-split criminal-procedure dual-sovereignty formal-charges plea-bargaining plea-negotiations pre-charge pre-indictment right-to-counsel sixth-amendment I. Whether the Sixth Amendment right to counsel attaches when the prosecutor conducts plea negotiations before the filing of a formal charge. II. Whe…
18-5297 Allen Jamel Robinson v. Darryl Vannoy, Warden Fifth Circuit 2018-07-20 Denied Response WaivedIFP civil-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment Question not identified.
18-5265 In Re Brandon Lee 2018-07-18 Denied IFP consent consent-requirements criminal-procedure due-process equal-protection indictment-procedure indictments indigent-defendants judicial-standard prosecutorial-discretion right-to-counsel right-to-effective-assistance-of-counsel right-to-jury-trial standard 1. SHOULD THE STATE BE PERMITTED TO ISSUE TRUE BILL MISREPRESENTATION OF THE CHARGING INSTRUMENT FOR ALL CRIMINAL MATTERS PERTAINING TO INDIGENT DEFEN…
18-5244 Josef Michael Jensen v. Raymond Madden, Warden Ninth Circuit 2018-07-16 Denied IFP civil-rights collateral-review constitutional-right counsel-assistance due-process habeas-corpus indigent-rights ineffective-assistance ineffective-assistance-of-counsel pro-se-litigant right-to-counsel standing state-post-conviction state-procedural-framework 1. Does an indigent pro se prisoner have a constitutional right to counsel and necessary financial assistance in an where (1) the state has removed ce…
18-5226 Richard Lugo v. United States Second Circuit 2018-07-13 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure direct-appeal due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment 1. Whether Appellate Counsel's ineffectiveness deprived petitioner of his right to his direct appeal.
18-5209 Michael Barrett v. United States Fifth Circuit 2018-07-11 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-procedure attorney-client-relationship conflict-of-interest constructive-denial-of-counsel impermissible-risk ineffective-assistance-of-counsel judicial-discretion professional-ethics professional-responsibility right-to-counsel standard-of-review Does it create a conflict of interest for a lawyer to have to argue on appeal that the trial court should have replaced him? Can this create an imperm…
18-5190 Marco Antonio Garcia-Echaverria v. United States Fifth Circuit 2018-07-10 Denied IFP circuit-split constitutional-rights deportation discretionary-relief due-process immigration-law removal-proceedings right-to-counsel Whether the decision of the United States Court of Appeals for the Fifth Circuit—that a non-citizen has no constitutional right to be informed of the …
18-5184 Ahmad Sayed Hashimi v. United States Fourth Circuit 2018-07-10 GVR IFP appeal criminal-defense criminal-procedure due-process harmless-error ineffective-assistance-of-counsel right-to-counsel right-to-maintain-innocence sixth-amendment supreme-court-precedent trial-strategy Whether the case of United States v. Ahmad Hashimi, (No. 16-4846 - Fourth Cir.) should be remanded for review and decision by the Fourth Circuit Court…
18-5183 Christopher M. Holmes v. United States Eighth Circuit 2018-07-10 Denied Response WaivedIFP court-security-officer due-process grand-jury ineffective-assistance-of-counsel plea-bargaining right-to-be-present right-to-confrontation right-to-counsel solitary-confinement standing testimony MEt, IF CURT -AppoatEd TRIAL CWNSEl ADMITTS ThAT ShE D NEyleCtEC To woNfeR nith client ABout Peremptory staikes befire oR durins peremptory Strike ses…
18-5161 Marvin Waddleton, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-06 Denied Relisted (2)IFP aedpa burden-of-proof constitutional-review criminal-procedure due-process jackson-standard plain-error pro-se right-to-counsel state-court-review statutory-interpretation sufficiency-of-evidence The plain error of the State of Texas Appeals Courts on direct collateral review. The use of Jackson standard of view in the light most favorable to t…
18-5141 Taylor Don Frederiksen v. Texas Texas 2018-07-05 Denied IFP appeal appellate-procedure collateral-consequences court-standards criminal-procedure due-process ineffective-assistance judicial-review legal-argument prejudice procedural-rules right-to-appeal right-to-counsel state-court-procedures state-court-rules Should Mr. Frederiksen continue to suffer and collateral legal consequences from his uncounseled conviction, when the lower state courts fail to compl…
18-5132 Jonathan Arn Bryant v. Florida Florida 2018-07-05 Denied Response RequestedResponse WaivedRelisted (2)IFP 14th-amendment 6th-amendment custodial-interrogation due-process fair-trial fifth-amendment fourteenth-amendment impartial-jury right-to-counsel self-incrimination self-incrimination-rights sixth-amendment voir-dire 1. Whether the State of Florida's use of Bryant's custodial statements against him at trial violated Bryant's Fifth, Sixth, and Fourteenth Amendment r…
18-5103 Jeffery Day Rieber v. Alabama Alabama 2018-07-03 Denied IFP appellate-counsel capital-sentencing eighth-amendment equal-protection ineffective-assistance judicial-override lesser-included-offense mitigating-evidence right-to-counsel sixth-amendment strickland-v-washington 1. Did Mr. Rieber's trial counsel provide constitutionally ineffective assistance by failing to pursue a lesser included alternative defense and faili…
25A568 Leroy Thomas Joyner, Jr. v. United States Eleventh Circuit Denied ineffective-assistance right-to-counsel sentencing sixth-amendment transcript-access trial-counsel Question not identified.
25A378 Charles Ray Crawford v. Mississippi Mississippi Denied capital-punishment defense-strategy ineffective-assistance retroactivity right-to-counsel sixth-amendment Question not identified.
25A216 Curtis Windom v. Florida, et al. Florida Denied capital-counsel death-penalty evolving-standards ineffective-assistance right-to-counsel sixth-amendment Question not identified.